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HomeMy WebLinkAbout2003 05-12 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION May 12, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Review 5649 Brooklyn Boulevard police calls 3. Review potential Work Session topics for May 19 following joint Work Session with Financial Commission a. Council Member Carmody i. Commission recognition ii. Unpaved driveways b. Council Member Niesen i. City Council minutes ii. City Council agenda content and process c. Other topics: 4. Adjourn Fleming P.O. m 299 Dr. P.O. Box 299013 May 7, 2003 Lewisville, TX 75029 telephone 972.906.8000 Mayor Myra Kragness 6301 Shingle Creek Parkway Brooklyn. Center MN 55429 Re: Saie of Ruinuvw Siore Dear Mayor Kragness: Y icl ulp- Companies, Inc. has L"•':ude a busire s decision to divest i ts-11 Of all of its r - = 1. 3L£i s: accordance with the Worker Adjustment Retraining and Notification Act. (WARN), 29 U.S.C. 2101, et. seq., this notice is being provided due to the pending closure of Fleming's Rambowstore located at 6350 Brooklyn Blvd, Brooklyn Center, MN. We have been unable to find a buyer for this location, and will proceed to disco tinue operations at this store on May 31, 2003: Layoffs associat d with the closure will begin on May 17, 2003 and continue through closing on May 31, 2003. In the event these dates are delayed, we will send you an amended notice as soon as practicable. Bumping rights do not apply. It is anticipated that 72 associates will be affected. A List of positions is available upon request. Bargaining unit associates are represented by UFCW Locals 653 and 789. The following are the names and addresses of the employees' collective bargaining representatives: Mr, Ron 41"yeig President UFCW Local 653 r 505 N.Hwy. 169, Suite 755 Plymouth MN 55441 Mr, William Pearson President I -.c c31 789 UFCW Local 789 266 Headman Ave. South St. Paul MN 55075 In accordance with the Worker Adjustment Retraining and Notification Act (WARN), 29 U.S.C. 2101, et. seq., this notice is being provided pursuant to the Company's status as a "faltering company ", as defined by WARN, in that it was and is currently seeking additional new capital/financing in order to stave off a- shutdown of its- entire operations, and pursuant to the unforeseeable business circumstances currently plaguing the Company as result of its April 1, 2003 bankruptcy filing, and consequent major market downturns. I If you should have any questions, please contact me at 972.906.2126. Very truly yours, O �� Tom Myers Regional Vice President, HR i I I I Susanne Eidson Pain iau 2406 EMERSON AVENUE NORTH MINNEAPOLIS, MINNESOTA 55411 Phone 612 - 522 -8713 Home Phone 651 -334 -0736 May 04, 2003 To Whom This May Concern, I recently saw the channel 5 news story on the Pitbull attack in Brooklyn Center. A couple of days before the attack I finished a painting job at the dog owners home. I was at the residence for about two weeks. During this time I was working around these dogs and never felt threatened by them once. I'm basically afraid of dogs for one reason on Dec 2, 2002 I was rushed to HCMC by ambulance for a very bad dog bite on my leg. During the two weeks it took me to complete the painting contract at the Brooklyn Center home I saw the what kind of people the livingstons are. And , although I the manner in which Jesse reacted to the camera crew, I do feel everyone should realize that this young man had just found out somegae shot and killed this dog. And if that wasn't hard enough only days earlier Jesse was told that his cousin, who was his best friend, had killed himself. These people are good people, considering all the pain and hardship they have gone though in the past week or so anyone can see how painful their lives must be. In conclusion I just wanted everyone to know the facts so they can put themselves in the livingstons shoes before judging them. Sincerely, Susanne Marie Eidson City of .Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: May 5, 2003 SUBJECT: 5649 Brooklyn Boulevard Councilmember Peppe requested that a report be prepared regarding calls at 5649 Brooklyn Boulevard to review what actions have been taken or may be taken with respect to conduct at that residence. 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 MAY. 8.2003 1:08PM CC &S N0, 534 P. 2 G- ARSON, GLE;L1,A2M & S GIMEDE$ A 6 -T r-*A PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINC#LC CREEK PARKWAY, SUITE 306 TELEPHONE WILLIAM 0. CLELLAND (763) 66! -2800 ELLEN M. SCHREDER MINNEAPOLIS. MINNESOTA35430 -PISO FAX DAVID K. R055 (763) 661 -1943 ANNA KRAUSE CRA89 8 May 2003 VIA PACSMI.B Chief Scott Bechthold City Of Brooklyn Center Police Department 6645 Humboldt Avenue 1V. Brooklyn Center, Minnesota. 55430 Re: 5649 Brooklyn Blvd Dear Chief Bechthold, At your request, I have reviewed the memorandum of Captain McComb pertaining to a number of incidents at the above referenced address. This letter sets forth what action we can employ to appropriately address past and pending offenses and to prevent future uses of the Property for nuisance or criminal activity. I can make specific recommendations as I learn more about this situation As for criminal law sanctions, I note that the dog owner, Jean Marie Livingston has been charged with having a dangerous dog and allowing a dog to run loose. I will review this case in depth but I am likely to charge her also with the criminal offense of allowing her property to be used as a public nuisance. Minnesota Statutes section 609.745 makes it an offenses for a Property owner or occupant to allow real estate under his control to be used so as to maintain a public nuisance. A public nuisance includes allowing a condition which unreasonably annoys, injures or endangers the safety, health comfort or repose of any considerable number of citizens, interferes with or obstructs public rights of way or commits any acts itself deemed to be a public nuisance. Upon conviction for these offenses, we will seek a comprehensive resolution, including payment of an appropriate ,fine, finaxncial restitution to the dog owner whose dog was killed by the defendant's dog, perhaps some time in jail now since this nuisance has been perpetuated so long and certainly a jail sentence to be served in the future is any same or similar acts occur or she does not otherwise obey her probation. I would also ask the court to require her to allow us to inspect at reasonable times, without need for a warrant, so as to be able to verify compliance. MAY. 8.2003 1:08PM U &S N6. 534 P, 3 $echthold $ May 2003 p. 2 If we have grounds to suspect that she is keeping or harboring more animals that city ordinances permit, we should execute a search warrant to finally determine if she is committing this violation. The defendant's dog has been killed but if she has other dogs who are dangerous, there is a special state law pertaining to dangerous dogs which gives us the ability to require her to fence or kennel the animal, post her property as having a dangerous dog, pay an annual fee of up to $500 and post financial security of at least $50,000 in the event the dog commits future injury. in addition, state law provides that if a dog is nwxdng loose and habitually chases persons traveling peacefully on public thoroughfares, the dog can be ordered destroyed after a summary hearing. In addition to the criminal remedies, there is a provision in the civil law for suing the parties for maintaining a public nuisance. If the situation is serious enough and threatens irreparable harm, we can obtain an injunction against the parties which is a court order forbidding them from engaging in any similar, unlawful conduct. Please keep me informed as to any further calls to and/or offenses at this premises so that I can work closely with your department to resolve this situation soon. If there is any other information I can give you at this time, please let me know. Sincerely, CARSON, CLELLAND & SCHREDER Willi . ell d cc Michael J. McCauley, City Manager BROOKLYN ��p Cf,�iT POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Captain Steve McComb DATE: May 5, 2003 SUBJECT: 5649 Brooklyn Blvd — Livingston Residence Chief Bechthold has requested that I provide you with a break down of calls for service to the address of 5649 Brooklyn Blvd. This is the residence where the pit bull from last week escaped, bit a child and killed a dog in the 5700 block of Northport Drive. Sgt. Benner is investigating how many dogs the Livingston family currently have on their property. Various neighbors have indicated that Livingston ossesses more animals than are allowed ed by City Ordinance. We have had action in the past where they have had as many as five dogs present in the home, however, several of those dogs were puppies and we are investigating this to see if that is the situation at this time. I will have that information to ou p rior to the y p c ouncil meeting the week of May 12, 2003. On May 5 20 y , 03, I spoke to Jason Griffith, the step - father of the victim of the dog bite from May 1, 2003. Griffith stated that a flyer is circulating in the neighborhood indicating that a City Council meeting is scheduled for next week and residents could appear if they are concerned about the Livingston house. I spoke to Griffith and provided him with Curt Boganey's phone number for information purposes. Since calendar year 2000, the Brooklyn Center Police Department has responded to the address on Brooklyn Blvd approximately 30 times. Many of those calls are miscellaneous public alarm calls or non - criminal events. There are calls of significance and they are listed in reverse order beginning with the call on May 1, 2003, Brooklyn Center case 03 -7760, where the Livingston dog, described as a pit bull, got out of the yard and bit a 16 year old male walking home from school and then subsequently killed a dog in the 5700 block of Northport Drive, The pit bull was shot and destroyed by officers of the Brooklyn Center Police Department. Jean Marie Livingston was cited on that date for having a dangerous dog and allowing the dog to nun loose. On April 17, 2003, officers were dispatched to the residence in reference to shots being fired, Brooklyn Center case 03 -6798. On this date at 1954 hours, Jesse Allen Livingston, while grieving for a cousin who committed suicide, proceeded to walk out in his backyard and fire off a number of rounds from a handgun which he owned. Livingston was taken into custody and charged with a gross misdemeanor offense. Memorandum Page 2 On April 5, 2001, the Brooklyn Center Emergency Operations Unit was called to assist the Anoka Hennepin Drug Task Force in executing a search warrant, Brooklyn Center case 01 -5960. The search warrant took place at 5:50 hours in the morning and officers entered the home and secured the residence to allow members of the Task Force to execute the narcotics search warrant. Jesse Livingston was present at that time and two handguns were found to be in his immediate possession. It is unknown what charges, if any, occurred as a result of this search warrant. On November 11, 2000, officers of the Brooklyn Center Police Department arrested Jesse Livingston on two counts of second degree assault, Brooklyn Center case 00- 20904. Livingston did plead guilty for this offense. On August 8, 2000, community service officers responded to the residence in reference to the homeowner possessing too many'animals. There were four dogs located and action was taken by issuing Jean Marie Wessling (Livingston) a citation for violation of Brooklyn Center code 1 -108, Public Nuisance, Having Too Many Dogs. On June 22, 2000, community service officers from the Brooklyn Center Police Department responded to the residence in reference to the homeowner having too many dogs, Brooklyn Center case 00- 10951. Upon arrival, the community service officers checked out the residence and discovered that the dogs in question were puppies and that Livingston was attempting to find suitable homes for the puppies. There were two cases in 1999, the first was Brooklyn Center case 99- 14881, which involved Jean Wessling (Livingston) being charged with a barking dog nuisance violation and the other Brooklyn Center case 99 -6271, where a search warrant was served by Detective Lund, for narcotics. On each of these calls, Jean Wessling (Livingston) and Jesse Livingston have been suspects, charged or arrested. SWjl INQ30CIO ADDRESS INQUIRY REPORT MON, MAY 5, 2003, 3:17 PM FOR Req. By: 215 5649 BB CR037809 050203 AID & ASSIST OTHER CR037042 042003 VANDALISM OTHER CR036798 041703 W 2649 WEAPONS-GM-POSS-FA CLEARED BY ARREST CR0213920 071602 AID & ASSIST CLEARED BY ARREST CRO124531 120101 ALARMS CLEARED BY ARREST CRO120602 100901 ALARMS CLEARED BY ARREST CRO17795 050101 T R029 THEFT-250 OR LESS- ACTIVE CRO15960 040501 9 9922 EOU CALL OUT AID & ASSIST CRO12459 020901 P 3110 PROP DAMAGE-MS-PRI ACTIVE CR0020904 111100 A 2322 ASLT 2-INFLICTS Bo CLEARED BY ARREST CR0018596 100700 ALARMS CLEARED BY ARREST CR0018317 100300 ALARMS CLEARED BY ARREST CR0017028 091400 OT. JURISD. CLEARED BY ARREST CR0017007 091400 OT. JURISD. CLEARED BY ARREST CR0015327 082200 ALARMS CLEARED BY ARREST CR0014389 080800 9 9806 DOG TAGS CLEARED BY ARREST CR0014389 080800 9 9806 DOG TAGS CLEARED By ARREST CR0012206 070900 MOTOR VEH THEFT CLEARED By ARREST CR0012204 070900 MOTOR VEH THEFT CLEARED BY ARREST CR0011163 062500 9 9730 SICK CARED REF TO OTHER AGENCY CR0010951 062200 DOG TAGS REF TO OTHER AGENCY CR0010846 062100 OT'. JURISD. REF TO OTHER AGENCY CR009767 060600 MISC PUBLIC REF TO OTHER AGENCY CR009389 053160 9 9730 SICK CARED REF TO OTHER AGENCY CR009271 053000 ALARMS REF TO OTHER AGENCY CR007609 050500 T R159 THEFT -LESS 250-MS- ACTIVE CR00612 5 041200 ALARMS ACTIVE CR002930 022200 9 9800 misc PUB NO FURTHER ACTION CR002267 021100 ALARMS No FURTHER ACTION CR00998 011900 9 9909 OT JURIS AID & ASSIST Case# �� 776U Brooklyn Center Police Department Incident MNO270200 DOG BITE/DANGEROUS DOG Offense Codel OffenseCode2 INCIDENTREPORT Offense Code 3 Offense Code 4 Location 5600 block Northport Avenue ( City /State/Zip Brooklyn Center, MN 55429 I I Date Committed 05/01/03 y Time Committed 1509 hours I Date Reported I Time Reported 05/01/03 1509 hours Datetrime Report Made 05/01/03 1615 I Reporting Officer Pott er Reviewed By/Date Assigned To I Reference Other Case Transcriptionist I CS DISPOSITION Arrest Pending Inactive Unfounded Exceptionally Cleared (Adult or.Juveniie) lJ C Juv y Last Name, First, Middle DOB/ Finman, Timothy Russell 10/25/87 Address City/State/Zip 5700 Northport Avenue N I Brooklyn Center, MN 55429 Home Phone Work Phone sex Race 763 - 971 -5157 I M W Other I C I Juv N I Last Name, First, Middle DOB/ Address City/State/Zip I Home Phone I Work Phone Sex I Race Other Last Name, First, Middle SEE ARREST HEADING I DOB/ Address City/State/Zip Phone (H) Phone (W) AKA's Sex Race Ht Wt I Build Hair Eyea s Last Name, First, Middle DOBI Address City/State/Zip Phone (H) Phone (W) AKA' I Sex Race ( Ht Wt Build Hair Eyes License # Year State Make/Model/ Style Make (cont) Color Veh Impounded (Y/N) N Veh Involved In Accident (Y/N) N lj;Vgf] Property Sheet (YIN) N Crime Lab (Y'N) N Technician Prints? N I Photos? Y I Total Value of Loss: I other I 03 -7760 Page 2 ARRESTED: LIVINGSTON, Jean Marie dob/2 -26 -52 5649 Brooklyn Blvd Brooklyn Center, MN 55429 Home Phone: 763 -536 -7891 F/W/5'2/150/Heavy/Blond/Green DANGEROUS DOG ORDINANCE 1 -115 Disposition: Livingston was identified by MN driver's license and released with Hennepin County Citation #2030007930. ----------------------------------------------------------------------------------------------------------------------- WITNESSES: BRADLEY, Renee Marie dob /11 -08 -54 5701 Brooklyn Blvd Brooklyn Center, MN 55429 Home Phone: 763 -53 -1734 F/W FLAHERTY, Kevin Patrick dob/01 -17 -54 12625 Germane, Apt 1 Apple Valley MN 55124 Horne Phone: 651- 285 -4708 M/W HUEMOELLER, Karyn Jean dob/03 -04 -62 5637 Brooklyn Blvd, Suite 200 Brooklyn Center, MN 55429 Home Phone: 763 -533 -0960 F/W TIMM, Shirley Nelson dob /03 -12 -35 5654 Northport Drive Brooklyn Center; MN 55429 Home Phone: 763 -535 -3832 F/W 03 -7760 Page 3 Preliminary Information On 05/01/03at 1509 hours, Officers were dispatched to 57 and Northport drive on a report of a child that had been bitten by a dog and that the animal is now attacking another dog. While en route, officers were informed that the dog that was being attacked had died. Officers Observations /Actions Upon arrival, I, Officer Potter, observed a child being taken care of by an adult, and I observed a black Pit Bull up against the north side of the residence at 5654 Northport Drive; with what appeared to be a dead Beagle in his mouth. The black Pit Bull, later identified as WITCHY, would not let go of the deal animal. The Pit Bull and the dead animal were up against the north side of the house, and I did observe people inside the home looking out as to what was occurring.. I did not have an angle to dispatch the dog from. Officer Bruce arrived then arrived on scene. As Bruce pulled up, the Pit Bull was still dragging the dead Beagle, however as Bruce pulled up the Pit Bull did step away from the house into part of the yard, at which time Bruce had a clear shot at the animal, and concerned that the animal would run and possibly attack another person, Bruce dispatched the Pit Bull with his MP5. Bruce did shoot the Pit Bull one time in the chest area, causing the death of the dog. I then tended to the child, who was identified as Timothy Russell Finman, dob 10/25/87. Complainant/Victim Timothy Finman — Finman stated: ■ I was on my way home from my friends house. ■ I was walking north on Northport Drive from the park. ■ As I was walking up the left hand side of the road I saw a black dog runnin after me. ■ At first I thought the dog was just playing, then it ran up behind me and bit me in the butt. ■ I then tried to hit the dog away from me, at which time the dog bit my right hand. ■ The dog would not let go and I kicked it in the head. ■ The dog then let go of my hand and I ran to my house. ■ The dog was chasing me, and as we got into the yard the dog turned. ■ 1 then saw the dog run across the street and start attacking Mrs. Timm's dog. After speaking with Timothy, who initially was being cared for by the neighbor Renee Marie Bradley, dob 11/08/54, I advised him that North Memorial Ambulance was en route to check his wounds, as well as his mother was en route from her business. North Memorial Ambulance run # is AL311453. I did speak to the witness Bradley, who was caring for Timothy. Witness Renee Bradley — Bradley stated: • I heard Tim coming running up screaming that he had been bitten, and I saw a black dog chasing him. ■ I then saw the black dog go after Shirley's dog. • Shirley walks her dog every day and her dog was out on a leash. • I saw Shirley's dog get attacked, and the black dog killed Shirley's dog. r T 03 -7760 Page 4 Witness Karen Huemoeller — Huemoeller stated: ■ I was driving with my business partner, Kevin Flaherty. ■ As we came up Northport and took the left to go on 57 we observed a black dog attacking a Beagle. ■ We got out of the car and started to hose the black dog down with the water hose from the house, but the black dog would not let go of the little dog. ■ The black dog did kill the little dog. Witness Kevin Flaherty — Flaherty stated: ■ I was riding with Karen Huemoeller when we saw a black dog attacking a little Beagle. ■ Karen tried to hose the dog off. ■ I tried to get the little dog into the house, but was unsuccessful. ■ The black dog killed the little dog. Witness Shirley Timm— Timm'stated: ■ I live here at 5654 Northport Drive. ■ I was out in my yard today weeding. ■ I was in the yard with my 6 %z year old female Beagle, FRECKLES. ■ Freckles was on her leash. ■ I saw a young man running and heard a lot of noise. ■ I at first thought the kids were just playing, and then I saw that the child had been bit. ■ I tried to get into my house with my dog, but was unable to do so. ■ I got into my house, but my dog was killed by the black dog. After speaking with all the witnesses, numerous neighbors in the neighborhood came up stating that the dog lives at 5649 Brooklyn Blvd. Officers did go to the residence, at which time they made contact with Jean Marie Livingston, dob 12/26/52. Livingston was brought to the scene, where she identified the black Pit Bull as her animal. Livingston was very upset at officers for shooting the animal. Livingston at no time apologized to either the victim that was bit, that being Timothy Finman, or to the other dog owner, Shirley Timm. Livingston was able to provide a copy of her rabies vaccination. The Pit Bull named Witchy was vaccinated for rabies on 02/03/03, rabies tag #0083. The animal was vaccinated at Broadway Robbinsdale Animal Hospital, located in Minneapolis. Livingston was given a Hennepin County Citation for dangerous dog and was allowed to take the animal. Timm requested that her dog be transported to the Brooklyn Pet Hospital, located at 50 and France. CSO Peters did transport her animal there as requested. In speaking with neighbors in the neighbor, they indicate that Livingston has numerous Pit Bulls, and probably has too many animals there than she should. Finman was seen by North Memorial Paramedics and was released at the scene to his mother, Lisbeth Marie GRIFFITH, dob 12/26/65. Griffith indicated that she was going to take her son to North Memorial Hospital to be seen for the injuries that he sustained in the. attack. The rabies vaccination certificate is attached to this report. Potter /cs City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Co 7i embers C , Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: May 5, 2003 SUBJECT: Work Session Topics for May 19 This item is on the Study Session Agenda to identify potential work session topics that the City Council would like to discuss on May 19. Councilmember Carmody and Councilmember Niesen have identified several issues they would like to discuss on May 19. The primary focus of the May 19 work session will be the joint meeting with the Financial Commission regarding budgetary issues. Following the format that has been used in the past, the City Council would continue in work session after it had concluded its discussions with the Financial Commission. 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 Public Copy CITY COUNCIL MEETING • City of Brooklyn Center May 12, 2003 AGENDA 1. Informal Open Forum With City Council - 6:45 P ty .m. P - 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 ose pure s 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 g g on the minutes. 1. April 28, 2003 - Study Session 2. April 28, 2003 - Regular Session 3. May 5, 2003 - Board of Appeal and Equalization b. Licenses C. Resolution Declaring Elected Officials be Considered Employees for Worker's Compensation Insurance Purposes CITY COUNCIL AGENDA -2- May 12, 2003 • d. Resolution Authorizing Settlement Agreement and Release with Blumentals Architecture Inc. e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees f. Resolution Revoking Designation of Municipal State Aid Streets (50 Avenue North From France Avenue North to CSAH 152 Brooklyn Boulevard), and France Avenue North From Lakebreeze Avenue North to 50 Avenue North and Establishing Designation of Municipal State Aid Streets (50 Avenue North and Azelia Avenue North From France Avenue North to Lakebreeze Avenue North, and Lakebreeze Avenue North From Azelia Avenue North to T.H. 100) 8. Planning Commission Items a. Planning Commission Application No. 2003 -003 Submitted by ESM Limited, LLC. Request for Preliminary Plat Approval to Combine Two Parcels of Land at the Southeast Corner of 60 Avenue North and Brooklyn Boulevard into a Single Lot. The Planning Commission recommended approval of this application at its May 1, 2003, meeting. • - Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -003 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 2003 -004 Submitted by ATS & R (On Behalf of Osseo School District No. 279). Request for Special Use Permit and Site and Building Plan Approval for a Building Addition to Garden City Elementary School and to Create and Reconfigure Play Areas at the School and the Adjoining Garden City Park. The Planning Commission recommended approval of this application at its May 1, 2003, meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -004 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Resolution Expressing Appreciation for the Gift of the Rotary Club of Brooklyn Center to Purchase Automated External Defibrillators for the City of Brooklyn Center -Requested Council Action: - Motion to adopt resolution. • • CITY COUNCIL AGENDA -3- May 12, 2003 b. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service of Stephen McComb - Requested Council Action: - Motion to adopt resolution. C. Proclamation Declaring May 18 -24, 2003, Public Works Week in Brooklyn Center - Requested Council Action: - Motion to adopt proclamation. d. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of Arbor Day and Junior Golf Activities - Requested Council Action: - Motion to adopt resolution. e. Resolution Declaring Radio Repeater as Surplus Property and Authorizing Transfer of Said Property - Requested Council Action: - Motion to adopt resolution. • £ Staff Report on Revisions to the Project Design and Scope for the Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 -Requested Council Action: - Council direction on design. g. Report on 2003 City Council Goals - Requested Council Action: -None, report only. 10. Adjournment • City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION APRIL 28, 2003 CITY HALL COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Pro Tem Kay Lasman at 6:00 p.m. ROLL CALL Mayor Pro Tem Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • City Manager Michael McCauley informed that he had several conversations regarding Council Consideration Agenda Item 8d, Proposed Middle Twin Lake Shoreline Restoration Project. He suggested that the Council discuss the direction if it will be different than what was originally requested. The grant obtained by the Watershed from the Department of Natural Resources (DNR) would obligate the City for two years of watering potential and ten years of maintenance, including removal of invasive species. This grant would potentially create labor intensive maintenance requirements as the City is in the position of decreasing the number of portable toilets, not filling vacant public works positions, and weighing whether and how many seasonal maintenance workers will be hired. The Park and Recreation Commission is currently looking at deferring or deleting planned capital projects because of budget shortfalls. Additionally, the Park and Recreation Commission conducted a public meeting regarding Twin Lake Park and a survey of residents in 2001. At that time, the residents did not favor a proposal that would have reduced beach size with native plantings. The current grant reduces a smaller area, but this plan in not consistent with the Capital Improvement Plan adopted for Twin Lake Park after the resident meeting and survey. Mr. McCauley suggested that, if any change were to be entertained by the Park and Recreation Commission, a similar public input process should be undertaken. He noted that the Park and Recreation Commission has only one meeting in May until it resumes meeting in the Fall. Mayor Pro Tem Lasman questioned if there would be any repercussions if the grant were to be rejected. Mr. McCauley informed that the watershed would be impacted, not the City. 04/28/03 -1- DRAFT Bob Hill, 4701 Twin Lake Avenue, addressed the Council to discuss that he believes this would be a • great opportunity for citizens to get involved and suggested letting the citizens help the City with the work on this project. Mayor Pro Tem Lasman questioned if that would even be feasible. Mr. McCauley responded that the City would be legally responsible for ten years and that before who and how is considered to help with this proposed project, the look of the proposed project needs to be researched and presented to the area residents. Councilmember Niesen expressed that this proposed project is important for citizens and that she had a concern with the June deadline. Councilmember Carmody informed that she would like to see this matter resolved before May and questioned if the item should be forwarded to the Park and Recreation Commission. Mr. McCauley responded that-the Park and Recreation Commission does not meet in the summer months and that if the Council would like to have the Park and Recreation Commission review this item it would have to get to them at its May meeting or wait until it convenes in the fall. This proposed project needs direction as to what the City should do if they are going to move forward with the proposed project. Councilmember Peppe discussed that the City needs process for control and the Park and Recreation Commission needs to review and provide the Council direction. Mayor Pro Tem Lasman suggested that the Council direct staff to forward this item to the Park and • Recreation Commission and have them provide a report with direction to Council at the May 27, 2003, meeting. Councilmember Niesen expressed that she does not want to lose this opportunity for this already low maintenance park. i Councilmember Niesen questioned Council Consideration Item 8c, Resolution Adopting Housing Bond Policy and Procedures. Mr. McCauley outlined the history of this item and informed that the Council could amend the policy and procedures as time goes on. Mayor Pro Tem Lasman questioned why the engineering costs are not being split in Consent Agenda Item 7f, Resolution Approving Traffic Signal Plans and Cooperative Agreement for Participation in the Construction and Operation of the Traffic Control Signal System at CSAH 152 and 63 Avenue North. Public Works Director /City Engineer Todd Blomstrom informed that the costs are being split and that the amount for Hennepin County is not shown in the chart since they are doing the engineering work. Councilmember Carmody asked about the revenues in Consent Agenda Item 7g, Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2003 -01, 02, 03, and 04, Happy Hollow Street, Storm Drainage, and Utility Improvements. Mr. McCauley informed that the general fund monies had been renamed to the infrastructure construction fund. • 04/28/03 -2- DRAFT i • Mayor Pro Tem Lasman questioned if the money donated by the Brooklyn Center Fire Department Relief Association for support of after - school programs in Council Consideration Agenda Item 8a, Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Fire Department Relief Association in Support of After - School Programs and the Adopt- A- Park/Trail/Street Program, would be used for some of the summer programs that had been eliminated. Mr. McCauley informed that he was not sure how the money would be allocated and that Community Activities, Recreation and Services Director Jim Glasoe will be determining where to allocate the money. Councilmember Ni sen e distributed two memos regarding changes that she would like to see incorporated into the rental ordinance previously discussed and minutes for April 7 and April 14, 2003. Councilmember Peppe expressed that he would not agree to these changes and that the Council cannot and should not script language. Mayor Pro Tem Lasman agreed with Councilmember Peppe. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Peppe to adjourn the Study Session at 6:45 p.m. Motion passed unanimously. A motion by Councilmember Carmody, seconded by Councilmember Peppe to reopen the Study Session at 6:55 p.m. Motion passed unanimously. • TRAFFIC CONTROL SIGN ON WOODBINE & KYLE Council discussed the area of Woodbine Lane and Kyle Avenue. It was the consensus of the Council to have this area surveyed to inquire if they would like a stop sign or leave the area as is with no change. MISCELLANEOUS Mayor Pro Tem Lasman questioned if the Council would be interested in sponsoring a hole as part of the Brooklyn Center Crime Prevention Program golf outing. It was the consensus of the Council to sponsor a hole. Mayor Pro Tem Lasman informed that she would collect $20 from each Council Member and submit on behalf of the Council. A motion by Councilmember Carmody, seconded by Councilmember Peppe to adjourn the Study Session at 6:59 p.m. Motion passed unanimously. • City Clerk Mayor 04/28/03 -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 APRIL 28, 2003 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 at 6:45 p.m. ROLL CALL Mayor Pro Tem Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Bob Hill, 4701 Twin Lake Avenue, addressed the Council to discuss his concerns with the neighborhood street program for the southwest area; question the recent crime rates published in the Sun Post Newspaper; and continue discussions regarding the Twin Lake Shoreline Restoration Project. Mr. Hill expressed thanks for the playground equipment at Twin Lake Park and questioned when the landscaping and sandburs would be finished. City Manager Michael McCauley informed that the sodding and the sandburs removal were scheduled to be finished this year. Director of Public Works /City Engineer Todd Blomstrom discussed that the seeding for the park has been difficult due to the dead -end line in the watermain. Monitoring devices had been installed to calculate water levels and they continue to monitor the water quality. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Peppe to adjourn the informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 04/28/ 03 DRAFT • -1- • 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Pro Tem Kay Lasman at 7:02 p.m. 4. ROLL CALL Mayor Pro Tem Kay Lasman, Councilmembers Kathleen Carmody, Diane Niesen, and Bob Peppe. Mayor Myrna Kragness was absent and excused. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen reported that she attended a Legislative Breakfast at the Crystal Community Center. • Councilmember Carmody reported that she attended the Housing Commission meeting on April 15, 2003, and that the Housing Commission's decision on the proposal for paving of driveways was undecided. She informed that the Council would need to make the decision and suggested that the Council discuss this matter at a future work session. She reported that the Commission Recognition Event was held on April 21; 2003, and that the turnout was low. She suggested that the Council discuss this matter at a future work session. Mayor Pro Tem Lasman reported that she attended the Crime Prevention Awards Ceremony on April 17, 2003, the Great Shingle Creek Watershed Clean Up Event on April 19, 2003, the Commission Recognition Event on April 21, 2003, the first Neighborhood Coalition Meeting on April 22, 2003, and on the Mayor's behalf a breakfast meeting sponsored by the Tour and Conventions Bureau on April 26, 2003. Councilmember Carmody informed that the Brooklyn Center Annual Prayer Breakfast would be held on May 3, 2003, at the Earle Brown Heritage Center from 8:00 a.m. to 10:00 a.m. Mayor Pro Tem Lasman informed that the Brooklyn Center Crime Prevention's golf event would be held on May 16, 2003. • 04/28/03 - -2 DRAFT 7. APPROVAL OF AGENDA AND CONSENT AGENDA • There was a motion by Councilmember Niesen, seconded by Councilmember Peppe to approve the agenda and consent agenda with the removal and replacement of 7a, Approval of Minutes, to Council Consideration as item 8i. Motion passed unanimously. 7a. APPROVAL OF MINUTES This item was removed from the Consent Agenda and placed on Council Consideration as agenda item 8i. 7b. LICENSES A motion by Councilmember Niesen, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. MECHANICAL C O Carlson Air Cond. Co. 3456 Washington Avenue North, Minneapolis Countryside Htg & Cooling 6511 Highway 12, Maple Plain P & H Services Co. 1601 67 Avenue North, Brooklyn Center MOTOR VEHICLE DEALERSHIP Brookdale Ford 2500 County Road 10 • R.L. Brookdale Motors 6801 Brooklyn Boulevard RENTAL Renewal: 507 69 Avenue North Outreach Six Acres Inc. 7211 Girard Avenue North Tommy Vang Initial: 5449 Colfax Avenue North Aaron Vos SIGNHANGER Lawrence Sign 945 Pierce Butler Route, St. Paul Nordquist Sign Co. 312 West Lake Street, Minneapolis Sign Solutions 3810 West Broadway, Robbinsdale TOBACCO RELATED PRODUCT Ref's Sports Bar & Grill 2545 County Road 10 • 04/28/03 -3- DRAFT • 7c. PROCLAMATION DECLARING MAY 13 THROUGH 17, 2003, TO BE MINNEAPOLIS DISTRICT DAYS A motion by Councilmember Niesen, seconded by Councilmember Peppe to adopt the Proclamation Declaring May 13 Through 17, 2003, To Be Minneapolis District Days. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-70 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7e. RESOLUTION AUTHORIZING THE CONSENT TO SUBMIT A NOTICE OF INTENT FOR A GENERAL STORMWATER PERMIT TO THE • MINNESOTA POLLUTION CONTROL AGENCY RESOLUTION NO. 2003-71 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSENT TO SUBMIT A NOTICE OF INTENT FOR A GENERAL STORMWATER PERMIT TO THE MINNESOTA POLLUTION CONTROL AGENCY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7f. RESOLUTION APPROVING TRAFFIC SIGNAL PLANS AND COOPERATIVE AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF THE TRAFFIC CONTROL SIGNAL SYSTEM AT CSAH 152 AND 63 AVENUE NORTH RESOLUTION NO. 2003 -72 Councilmember Niesen introduced the following resolution and moved its adoption: • 04/28/03 -4- DRAFT RESOLUTION APPROVING TRAFFIC SIGNAL PLANS AND COOPERATIVE AGREEMENT • FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF THE TRAFFIC CONTROL SIGNAL SYSTEM AT CSAH 152 AND 63 AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7g. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2003-01,02,03, & 04, HAPPY HOLLOW STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2003-73 Councilmember Niesen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2003-01,02,03, & 04, HAPPY HOLLOW STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS • 8a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION IN SUPPORT OF AFTER- SCHOOL PROGRAMS AND THE ADOPT -A- PARK/TRAIL /STREET PROGRAM City Manager Michael McCauley discussed that this resolution would express appreciation for the gifts from the Brooklyn Center Fire Department Relief Association of $1,000 designated to support after- school programs and $200 designated to support the Adopt- A- Park/Trail /Street Program. Mayor Pro Tern Lasman expressed extra thanks since this money will be useful with all the cutbacks the City is facing. RESOLUTION NO. 2003-74 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION IN SUPPORT OF AFTER- SCHOOL PROGRAMS AND THE ADOPT- A- PARK/TRAIL /STREET PROGRAM e 04/28/03 -5- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8b. PROCLAMATION DECLARING MAY 11-17,2003, AS POLICE WEEK Councilmember Peppe read the Proclamation Declaring May 11 -17, 2003, as Police Week. A motion by Councilmember Peppe, seconded by Councilmember Carmody to adopt the Proclamation Declaring May 11 -17, 2003, as Police Week. Motion passed unanimously. 8c. RESOLUTION ADOPTING HOUSING BOND POLICY AND PROCEDURES Mr. McCauley discussed that this resolution would adopt a uniform policy and procedure to ensure that entities receiving housing revenue bonds issued through or with the assistance of the City, including tax credits, maintain and operate housing properties receiving such assistance in accordance with the representations made to induce the City to participate in the issuance of housing bonds or approval of tax credits. He outlined some of the application process and informed that the policy and procedures would be reviewed by the City Council from time to time to review its efficacy and application. Councilmember Carmody questioned the nonrefundable application fee of $5,000 for the bond request of $5,000,000 to cover the City costs in processing and considering the application; and the • contract term that requests the applicant to provide and maintain an irrevocable letter of credit, in an amount specified by the City which the City may draw upon if the applicant fails to pay the City's fees and costs. City Attorney Charlie LeFevere discussed that the idea of the nonrefundable application fee is not a new term, applicants pay now, and that if the fees are not enough and more investigation is needed the City can determine if an applicant will need to submit a letter of credit. Mr. McCauley added that the clause pertaining to the fees associated with the letter of credit relate to the City's administration costs. Councilmember Niesen questioned the justification for this policy and procedure. Mr. McCauley informed that the policy and procedures would have the City approve tax credits and housing bond revenues. She questioned if the City had in the past provided money and applicants had not followed through with the process. Mr. McCauley discussed that properties have not always been operated in accordance with their obligation's to maintain the housing. Councilmember Niesen questioned if this would in any way cost the City. Mr. McCauley responded that there are legal and staff costs; however, the costs are paid by the application fee and the applicant pays the costs of issuing the bonds. Mr. LeFevere added that it should be noted that the City is not lending the money and that taxpayers are not at risk. RESOLUTION NO. 2003-75 Councilmember Carmody introduced the following resolution and moved its adoption: • 04/28/03 -6- DRAFT RESOLUTION ADOPTING HOUSING BOND POLICY AND PROCEDURES • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8d. PROPOSED MIDDLE TWIN LAKE SHORELINE RESTORATION PROJECT Mr. McCauley discussed that the City received materials from the Shingle Creek Watershed Management Commission regarding a grant the Watershed had applied for to install a rain garden and native plantings along the shoreline of Twin Lake Park. When the agenda was prepared the requested action was to reject the proposed project. Since then comments had been received about having the Park and Recreation Commission and residents review and comment on this proposed project. He informed that this proposed project would not be consistent with the City's Capital Improvement Plan (CIP) adopted for 2002 -2006 as developed through the Park and Recreation Commission meetings and surveys. Councilmember Peppe expressed that he agrees with the recommendation to have the Park and Recreation Commission review this proposed project and to have them discuss with the area residents. Councilmember Carmody questioned if a letter could be sent to the area residents with better pictures of what the proposed project would actually look like when finished. Mr. McCauley suggested that the proposed project be forwarded to the Park and Recreation Commission and have them review before requesting comments from the area residents. The Park and Recreation Commission could report back to the City Council on what direction to take with this proposal. Mayor Pro Tem Lasman questioned if a motion should be made to refer this proposed project to the Park and Recreation Commission and request them to make a recommendation to the City Council on what direction to take. Mr. McCauley responded that would be okay. Councilmember Niesen discussed that she believes this would be an exciting opportunity for Twin Lake Park and is excited that the Shingle Creek Watershed Management Commission had received grant monies for this proposed project. She hopes that this proposed project will move forward; and to learn more about the grant and the possibility of negotiating the timeline for the grant period from ten to five years, if ten years too long. A motion by Councilmember Niesen, seconded by Councilmember Peppe to refer this proposed project to the Park and Recreation Commission and get feedback from the area residents. Mayor Pro Tern Lasman reiterated that the motion was to refer this proposed project to the Park and Recreation Commission and have them make a recommendation to the City Council on what direction to take. • 04/28/03 -7- DRAFT • Councilmember Carmody questioned the timeframe and when the Council will receive the recommendation. Mr. McCauley informed that the Park and Recreation Commission will meet on May 20, 2003, and that he hopes to have a report to the City Council at the May 27, 2003, City Council meeting. Motion assed unanimously. p 8e. LETTER OF AGREEMENT WITH METROPOLITAN COUNCIL: TRANSIT HUB Mr. McCauley discussed that the City's Legislative Representatives have been working hard on this transit hub issue and that the agenda item would approve a Letter of Agreement that would result in a 3,200 square foot brick, polished metal, glass, and climate controlled transit hub on Northway Drive (former Wells Fargo and JoAnn Fabrics properties). The Letter of Agreement also would result in construction of public restrooms, security cameras, space for concession leasing, and construction as soon as practicable, and completion not later than December 2004. There would be no financial obligation to the City. Mayor Pro Tem Lasman questioned if the transit hub would be operational before the construction is completed. Mr. McCauley responded that it would probably not open prior to completion of construction but the Metropolitan Council would like to have the transit hub operational as soon-as possible since the current location at 56` Avenue is not suitable for them or the City. • Councilmember Peppe questioned the use of the securi ty cameras and if the security cameras will be monitored at the City's Police Department. Mr. McCauley discussed that the security camera monitoring will be determined at a later date by Metropolitan Transit and the cameras may be monitored or may just record activity on tape. Councilmember Peppe expressed that he believes security cameras are an important factor and that he would like to have the use of security cameras discussed further. Councilmember Carmody questioned the $5 Million for construction and if the City would be responsible for any costs. Mr. McCauley informed that there would be no obligations of the City. The City would assist in finding a tenant for the concession area. Councilmember Carmody questioned the security camera use at the Uptown transit facility. Mr. McCauley informed that he believes they use videotapes from the cameras and that they are looking into other options. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve the Letter of Agreement. Motion passed unanimously. • 04/28/03 -8- DRAFT 8L AN ORDINANCE REPEALING CHAPTER 2 OF THE CITY ORDINANCES • OF THE CITY OF BROOKLYN CENTER AND ADOPTING A NEW ORDINANCE REGARDING THE DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY Mr. McCauley discussed that this ordinance repealing Chapter 2 ofthe City Ordinances and adopting a new ordinance regarding the disposition of abandoned and unclaimed property was discussed at the April 14, 2003, meeting. The requested action for this item is to approve the first reading and set second reading and call for public hearing on May 27, 2003. A motion by Councilmember Carmody, seconded by Councilmember Peppe to approve first reading with 90 percent as the percent for spending lawful purposes and set second reading and public hearing on May 27, 2003. Motion passed unanimously. 8g. AN ORDINANCE AMENDING SECTIONS 11 -717 AND 23 -1902 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE CONDUCT OF CHARITABLE GAMBLING IN THE CITY Mr. McCauley discussed that this ordinance amending sections in Chapter 11 and Chapter 23 of the City Ordinances would eliminate the prohibition against operating in more than one location; eliminate the payout limitation of 80 percent; and permits other forms of gambling (paddle wheels and tipboards). He informed the Council that the City Attorney had left a blank for the Council to define. The current ordinance provides that 90 percent of gambling proceeds must be spent on • lawful purposes within the City of Brooklyn Center. State Law no longer authorizes such a restriction; however, State Law does authorize the City to require that a percentage of lawful proceeds be expended in the "trade area" of the City. The law requires that the "trade area" be defined in the ordinance to include at least all of the cities that are contiguous to the licensing city. It was the consensus of the Council to define and have the blank filled in with 90 percent. A motion by Councilmember Peppe, seconded by Councilmember Carmody to approve first reading and set second reading and public hearing on May 27, 2003. Motion passed unanimously. 8h. REPORT ON CODE ENFORCEMENT SUMMER SWEEP Mr. McCauley reported that the residential code enforcement sweep will start on May 1, 2003, and the commercial code enforcement sweep will start on June 30, 2003, with a targeted completion date of September 30, 2003. The process used will be similar to past years with a written notice of violation, a second written notice if not corrected within time provided, and then a citation after second notice. Problem properties will receive one notice or citation. • 04/28/03 -9- DRAFT • He informed that the Police Department could be contacted to report a code violation and that citizens can remain anonymous. Citizens are to call the Neighborhood Liaison and if a response is desired a name and phone number or address will be needed to respond. Citizens can also contact the City's Website ( Info @ci.brooklyn - center.mn.us). Mayor Pro Tern Lasman questioned if there would be a focus on any particular area. Mr. McCauley stated there is no one area of focus, but problem properties from past years will receive great attention. Councilmember Niesen questioned the period of time for written notices. Mr. McCauley discussed that it depends on the nature of the nuisance. Most notices are for two weeks; however, there are 30 to 45 day notices. She expressed that she is not in favor of issuing notices for little things and that she is worried about the second written notice. She questioned what would happen if a citizen were to call after receiving a second notice. Mr. McCauley discussed that contacting the Neighborhood Liaison to work out problems is acceptable and that the outcome of the call would be determined case by case. She questioned how staff keeps track of code violations. Mr. McCauley responded that there is a database used. Councilmember Niesen expressed that she would like to have a kind and even code enforcement procedure. Councilmember Carmody questioned if the Neighborhood Liaison looks for evidence such as people • running businesses out of their homes. Mr. McCauley informed that tends to be more complaint driven. 8i. APPROVAL OF MINUTES Councilmember Niesen discussed that she had the minutes pulled because she wanted changes incorporated. Councilmember Carmody expressed that she had no problem with the following changes: April 7, 2003, Work Session, vaLwe 3 Councilmember Niesen questioned the subject of franchise fees and asked why it had not come up before, or if it had. April 14, 2003, Studv Session, Daze 2 Councilmember Niesen expressed that she is not willing to commit any taxpayer funds to providing restroom services for MTC's transit business, but that if MTC was to provide this service, it would be a nice amenity to the bus hub in Brooklyn Center and serve the community well. There was a motion by Councilmember Carmody, seconded by Councilmember Niesen to approve the minutes of April 7, 2003, work session, and April 14, 2003, study and regular sessions with above referenced amendments submitted by Councilmember Niesen. Motion passed unanimously. • 04/28/03 -10- DRAFT 9. ADJOURNMENT • There was a motion by Councilmember Carmody, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:16 p.m. Motion passed unanimously. City Clerk Mayor I I • I I I • 04/28/03 -11- DRAFT • MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 28, 2003 CITY HALL - COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order at 8:17 p.m. by President Pro Tem Kay Lasman. 2. ROLL CALL President Pro Tem Kay Lasman, Commissioners Kathleen Carmody, Diane Niesen, and Bob Peppe. President Myrna Kragness was absent and excused. Also present: Executive Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk • Maria Rosenbaum. 3. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Commissioner Carmody, seconded by Commissioner Peppe to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES A motion by Commissioner Carmody, seconded by Commissioner Peppe to approve the February 24, 2003, regular session minutes. Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY TO ENTER INTO AN AGREEMENT WITH FLIK INTERNATIONAL CORP., AMENDING AND EXTENDING THE FOOD SERVICE MANAGEMENT AGREEMENT FOR THE EARLE BROWN HERITAGE CENTER Executive Director Michael McCauley discussed that the current agreement with Flik International • Corp., expires on February 28, 2004; and that the resolution would authorize the agreement to amend and extend the agreement to December 31, 2004; to put on a calendar basis. 04/28/03 -1- DRAFT RESOLUTION NO. 2003-03 • Commissioner Niesen introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY TO ENTER INTO AN AGREEMENT WITH FLIK INTERNATIONAL CORP., AMENDING AND EXTENDING THE FOOD SERVICE MANAGEMENT AGREEMENT FOR THE EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Peppe. Motion passed unanimously. 5. ADJOURNMENT A motion by Commissioner Carmody, seconded by Commissioner Niesen to adjourn the meeting to a work session at 8:19 p.m. Motion passed unanimously. President 04/28/03 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA BOARD OF APPEAL AND EQUALIZATION MAY 5, 2003 CITY HALL - COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met as the Board of Appeal of Equalization and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen and Bob Peppe. Also present were City Manager Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, City Assessor Nancy Wojcik, Fiscal and Support Services Director Doug Sell, Hennepin County Commercial Appraiser Dan alz e p tY pp S w dal, and Deputy City Clerk Maria Rosenbaum. • Others present were Appraiser Jill Brenna and Appraiser Technician Karen Casto. 2. STATEMENT OF PURPOSE OF THE LOCAL BOARD OF APPEAL AND EQUALIZATION AND REVIEW OF THE BOARD'S DUTIES City Assessor Nancy Wojcik discussed the purpose of the Board of Appeal and Equalization that is required by Minnesota Statutes Section 274.01provides that the governing body of each City or a duly appointed Board will serve as the Local Board of Appeal and Equalization. This review is held each spring and the Board has the responsibility to review the assessed valuation and classification of property within the City. This year's review is limited to the 2003 assessment; which affects taxes payable in 2004. The review b the Board should focus only on either the market Y y value or the classification of each property and should not directly concern itself with issues of actual property taxes of a particular property. Ms. Wojcik reviewed the duties of the Local Board of Appeal and Equalization, the limits of authority for the Board, and reported on the review for informal and formal procedures. She asked that the Board remember that the issue at hand is the market value or classification of the property at hand, not the taxes, and informed that if the Board feels there are cases difficult to decide, the cases may be affirmed. The property owners have the opportunity to continue on to the County Board of Appeal and Equalization. The County Board of Appeal and Equalization will be held beginning June 16, 2003. • 05/05/03 -1- DRAFT 3. ASSESSOR'S REPORT • Mr. Wojcik reported on market values, classification issues, the 2002 re- inspection program for the 2003 assessments, and the assessment valuation procedures used for residential, apartment, and commercial /industrial. She provided information regarding the overall value change and percentage information regarding residential neighborhoods, 2002 versus 2003 valuation changes for residential properties, and residential sale information from the Realtors MLS System. Overall the increase in value citywide including all property types is 9.2 percent and excluding new construction is 8.1percent. Citywide residential single - family detached only is 10.7 percent and excluding new construction is 10.1 percent. Ms. Wojcik reported that her office received approximately 145 calls between March 14 and April 11, 2003, and that most inquired about the current market. 4. APPEARANCES BY TAXPAYERS WITH APPOINTMENTS Ms. Wojcik informed the Board that there were no taxpayers scheduled to appear before the Board. 5. APPEARANCES BY TAXPAYERS WITHOUT APPOINTMENT Paul Oman, 5239 East Twin Lake Boulevard, addressed the Board to express his concern about the percentage increase on his market value and inform that he believes his neighborhood should not • have such a high increase because of the recent lost natural assets. He asked that the Board consider what his neighborhood had lost. Councilmember Niesen questioned if there were other areas in the City seeing a high increase in market values and if neighborhood projects are considered when valuations are done. Ms. Wojcik informed the Board that the market values are based on sales in neighborhoods and that State Law requires them. She discussed the influence factors used when valuations are being created. Ms. Wojcik suggested that she review Mr. Oman's property. A motion was made by Councilmember Lasman, seconded by Councilmember Niesen later in the meeting to affirm the amount considered in a reappraisal for Mr. Oman's property. Motion passed unanimously. Bill Kenny, 7036 Willow Lane North, addressed the Council to discuss that he had worked with Ms. Wojcik and some real estate agents; however, does not agree with his estimated market value. He believes he should be valued differently because he has the smallest river access and his house sits different than most in his neighborhood. Mayor Kragness asked Mr. Kenny when he moved into his home. Mr. Kenny reported that he moved in 1991. 05/05/03 -2- DRAFT Mr. Wojcik informed the Board that she had worked with Mr. Kenny and that his estimated market • value was reduced because of his limited view from $270,900 to $240,900. She believes the $240,900 is a fair estimate and suggested that the Board request Mr. Kenny to proceed to the County Board of Appeal and Equalization. Mr. Kenny suggested an estimated market value of $235,000. Councilmember Carmody expressed that she is not willing to change the estimated market value of $240,900 when that was on the low side of Mr. Kenny's appraisals of $240,000 to $250,000 and suggested that Mr. Kenny proceed to the County Board of Appeal and Equalization. Councilmember Lasman agreed with Councilmember Carmody based on the reports from Ms. Wojcik and expressed that she believes the estimate is a fair amount. A motion by Councilmember Lasman, seconded by Councilmember Carmody to affirm the estimated market value of $240,900 for Mr. Kenny's property. Motion passed unanimously. Mr. McCauley asked that the Council make a motion on Mr. Oman's property. A motion by Councilmember Lasman, seconded by Councilmember Niesen to affirm the amount considered in a reappraisal for Mr. Oman's property. Motion passed unanimously. Bob Pepin, 6730 Willow Lane North, addressed the Council to question how the limited market values are set. Ms. Wojcik discussed that the values are based on 12 percent from last year's values. • 6. CONSIDERATION OF WRITTEN APPEALS Ms. Wojcik informed the Board that written appeals were received from Larry Cuskey, 7024 Humboldt Avenue North, George Van Vliet, 3413 53 Avenue North, Timothy Doody, Attorney for Former K -Mart Building, 5930 Earle Brown Drive, and Eugene Wright, 5615 Brooklyn Boulevard. These four have indicated that they will appeal to the County Board of Appeal and Equalization. A motion by Councilmember Lasman, seconded by Councilmember Niesen to affirm the four above written appeals. Motion passed unanimously. 7. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the meeting at 8:10 p.m. Motion passed unanimously. City Clerk Mayor • 05/05/03 -3- DRAFT • City Council Agenda Item No. 7b i City of Brooklyn Center • A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: May 7, 2003 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on May 12, 2003. MECHANICAL Air Masters Inc. 5885 149 Street West, Apple Valley Eden Prairie Heating & Air 16051 Berger Drive, Eden Prairie LBP Mechanical Inc. 315 Royalston Avenue North, Minneapolis Louis Degidio Inc. 21033 Heron Way, Lakeville Practical Systems 4342B Shady Oak Road, Hopkins Master Gas Fitters Inc. 2263 North McKnight Road, North St. Paul Total Heating & A/C Inc. 6960 Madison Avenue West, Golden Valley • United Heating & A/C 1295 Hackamore Road, Medina MOTOR VEHICLE DEALERSHIP Brookdale Dodge, Inc. 6800 Brooklyn Boulevard RENTAL Renewal: 1107 57 Avenue North Bob and Sally Robson (Zero nuisance calls for service in 2002 -2003) 4700 Lakeview Avenue North Nancy Dahlquist (Zero nuisance calls for service in 2002 -2003) Initial: 5200 Drew Avenue North Morris Matthews (Zero calls /service, 5 citations for vehicles illegally parked in front of address in 2002/03) 5948 Fremont Avenue North Ryan Coller (Zero calls for service in 2002 -2003) 5030 Lilac Drive North Adelaide Cassell (Zero calls for service in 2002 -2003) 40 301 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 Page 2 • Licenses May 12, 2003 SIGNHANGER DeMars Signs Inc. 41093 d Avenue NW, Coon Rapids Pyramid Sign Ltd. 432 South Wabasha Street, St. Paul Signcrafters Inc. 7775 Main Street NE, Minneapolis TOBACCO RELATED PRODUCT B C Tobacco 6014 Shingle Creek Parkway • • City Council Agenda Item No. 7c adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES WHEREAS, the Minnesota Workers' Compensation Act provides benefits to an "employee" who is injured while working; and WHEREAS, Minnesota Statutes 176.011, subd. 9, clause 6, provides that municipal officers elected or appointed for a regular term of office or to complete the unexpired portion of a regular term are considered to be "employees" for workers' compensation insurance purposes only if the City has passed an ordinance or resolution to that effect; and WHEREAS, it is the desire of the City Council that the Mayor and Council Members be considered "employees" for workers' compensation insurance purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and Council Members are considered to be employees for worker's compensation insurance purposes. • 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. • X ty of KLYN Office of the City Clerk TER • MEMORANDUM TO: Michael J. McCauley, City Mapager FROM: Sharon Knutson, City Cler DATE: May 7, 2003 SUBJECT: Resolution Declaring Elected Officials be Considered Employees for Workers' Compensation Insurance Purposes The workers' compensation statutes provide benefits to an "employee" who is injured while working. Minnesota Statutes 176.011, subd. 9, clause 6, provides that municipal officers elected or appointed for a regular term of office or to complete the unexpired portion of a regular term are considered to be "employees" for workers' compensation insurance purposes only if the City has passed an ordinance or resolution to that effect. Attached is a resolution that would provide workers' compensation insurance coverage for the Mayor and Council Members. In the past, resolutions were adopted to provide coverage for workers' compensation for the Mayor and Council Members, along with the award of contract for City insurance agent. In November 2002, the • City's insurance agent changed and the provision for workers' compensation coverage for the Mayor and Council Members was not included in the resolution. Attachment • • City Council Agenda Item No. 7d • City of Brooklyn Center S �Z7 A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: May 8, 2003 SUBJECT: Settlement Agreement and Release with Blumentals Architecture Inc. In connection with the Civic Center remodeling and addition project, mold was discovered in the new locker room walls. In reviewing the situation, it was determined that the design was inadequate for locker room usage adjacent to a swimming pool. The redesign used materials more suitable for this area. We used concrete block instead of aluminum studs and wallboard materials. The release and settlement agreement results in Blumentals Architecture Inc. paying for the basic cost of demolition and other expenses related to their design. The City paid for the cost of the upgraded materials in the remade walls. Thus, the City did not pay twice for the wall but paid essentially for • the upgrade in the walls and materials that occurred when the walls were demolished and rebuilt. Blumentals is paying the City $95,004.20 pursuant to this agreement. In return for that payment, the City is releasing Blumentals from any liability with respect to the original design work on the locker room walls. Other than that specific release, there is no release of Blumentals with respect to the overall project itself. 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 AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH BLUMENTALS ARCHITECTURE INC. WHEREAS, Blumentals Architecture Inc. and the City would enter into a Settlement Agreement and Release as set forth in Exhibit A which is attached here to and incorporated herein by release; and WHEREAS, by the terms of the settlement agreement set forth in Exhibit A Blumentals Architecture Inc. would reimburse the City for costs associated with having to demolish and rebuild locker room walls; and WHEREAS, the City would not be reimbursed for the costs of upgrading the wall materials but is basically held harmless by the amount paid to it by Blumentals pursuant to the agreement from the costs of demolition and the basic costs of wall construction; and WHEREAS, such terms appear to be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager be and hereby are authorized to execute the settlement agreement set forth in Exhibit A on behalf of the City of Brooklyn Center. 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. • Exhibit A - • SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release Agreement is entered into by the City of Brooklyn Center (the "City "), and Blumentals Architecture, Inc., ( "Blumentals "). Blumentals and the City are i referred to collectively as the Parties. I WHEREAS, pursuant to a contract dated October 18, 2000, Blumentals provided architectural services for remodeling of the Brooklyn Center Civic Center (the "Project "); and WHEREAS, the City alleged that Blumentals was responsible for or contributed to alleged defective conditions in the Project, including the presence of mold; and WHEREAS, Blumentals has denied liability to the City for any alleged defects in the Project; and WHEREAS, the Parties wish to avoid the time, expense, burden, and risk involved with resolving any disputes that would arise in a contested proceeding by settling on the terms and conditions • that follow. NOW THEREFORE, based on the mutual promises and covenants contained herein and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties covenant and agree to fully and finally settle any dispute as follows: 1. Blumentals shall cause payment to the City of Ninety -Five Thousand Four and 20/100 Dollars ($95,004.20). The City accepts this payment as full payment and satisfaction of all claims for the alleged defective conditions identified above including the presence of mold. 2. By executing this Agreement, the City hereby releases and forever discharges Blumentals and its current and former agents, representatives, officers, shareholders, partners, principals, directors, attorneys, employees, insurers, successors, and assigns, from any and all actions, • CLL- 230887v1 1 BR291-4 Exhibit A • claims, and demands for any costs, attorney fees, or any other damages, whether known or unknown, which now exist or which may hereafter arise out of or relate to the alleged defective conditions associated with the locker room reconstruction included in Change Order Number 16 to the Project, including the presence of mold. 3. Blumentals has denied liability for the claims that are the subject of this Agreement, and the Parties agree that the payment tendered pursuant to this Agreement is made without admission of liability and is received in discharge, compromise, settlement, and satisfaction of the disputed actions, claims and demands heretofore etofore descnbed. 4. The Parties represent and warrant that, prior to executing this Agreement, they have had the advice of counsel have read the Agreement, and understand its content meaning, effect fully. . Y 5. The Parties agree further that, should any dispute arise over the interpretation of this Agreement, the Agreement will be interpreted neutrally pursuant to Minnesota law, and that any rule • requiring interpretation against the party drafting various provisions of this Agreement shall not apply. 6. The City represents that it has not assigned, transferred, settled, sold, or otherwise conveyed any claim that is being settled by this Agreement. 7. This Agreement may be executed simultaneous) or in counterparts, each of which will Y IP , be deemed an original, but all of which together will constitute one and the same Agreement for all purposes. City of Brooklyn Center By: Date: Its: Blumenthals Architecture , Inc. • BY: Date: Its: CLL- 230887v1 2 BP291 -4 City Council Agenda Item No. 7e • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following ddresses are hereby declared to be a public g Y p nuisance: PROPERTY OWNER PROPERTY ADDRESS TREE NUMBER JAMES HESTER & ESTHER VERSALLES 6301 INDIANA - A - V - VE N 4 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk 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. • MEMORANDUM DATE: May 7, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • • • City Council Agenda Item No. 7f • MEMORANDUM DATE: May 5, 2003 TO: Todd Blomstrom, Director of Public Works FROM: Scott Brink, Consulting Engineer SUBJECT: Resolution Establishing Designation of Municipal State Aid Streets, and Resolution Revoking Designation of Municipal State Aid Streets. As a result of the design and pending construction of T.H. 100 by Mn/DOT, significant changes to local streets under the jurisdiction of the City of Brooklyn Center have resulted. More specifically, these changes have resulted in revisions to existing Municipal State Aid Streets in the area of the T.H. 100 improvements as follows: 1. The closure of an existing Municipal State Aid collector street (France Avenue from Lakebreeze Ave. to 50 Ave. N.), at the previously existing railroad grade crossing as a result of the construction of a new railroad bridge and raising of said railroad crossing. 2. The construction of a "relocated" France Avenue westerly from 50 Avenue North, • across a new rail crossing, traversing south, and connecting to Lakebreeze Avenue at Azelia Avenue. 3. Closure of access to and from northbound T.H. 100 at 50 Avenue North, and the pending closure of access to and from southbound T.H. 100 at 50 Avenue (a temporary signal is currently located here). As a result, 50 Avenue will no longer serve its role as a collector street on both sides of T.H. 100 (France Avenue to Brooklyn Boulevard). In accordance with Minnesota Department of Transportation State Aid Rules, a street designated as a Municipal State Aid Street must generally meet the following criteria: 1. Traffic volume and functional traffic classification. Municipal State Aid Streets are generally collector streets that carry higher volumes of traffic than typical local streets. 2. Connects points of major traffic interest. Municipal State Aid Streets typically link or connect to other collector streets or major traffic arteries such as County Roads, State Highways, or other Municipal State Aid streets. 3. Provides an integrated network. Municipal State Aid Streets are consistent and conform with the framework of the City's comprehensive traffic and transportation plans. • • As a result of the revisions mentioned above, the following revisions to the Municipal State Aid Street System have been proposed by the City and have received approval by Mn/DOT. Remove from State Aid System: 50 Avenue North (T.H.100 to Osseo Road (CSAH 152) 1475 ft. 50 Avenue North (T.H.100 to France Avenue) 640 ft. France Avenue North ( Lakebreeze Avenue to 50 1200 ft. Total (Remove from designation) 3315 ft. (.63 mi.) Add to State Aid System: France Ave. N. (50 Ave. N. to Lakebreeze /Azelia) 2010 ft. Lakebreeze Avenue North (Azelia to T.H. 100) 960 ft. Total (Add to designation) 2970 ft. (0.56 mi.) At this time (per the latest Mileage Certification Report), the City is 0.10 miles under the maximum mileage allowed. If the proposed changes are approved, the City will be 0.17 mi. under the allowed amount. Attached to this memorandum are two separate resolutions that establish and revoke specific street segments to and from the City's Municipal State Aid Street System. Also attached is a map showing the specific street locations. It is recommended that the City Council approve the two resolutions. • adoption: Member introduced the following resolution and moved its . RESOLUTION NO. RESOLUTION REVOKING DESIGNATION OF MUNICIPAL STATE AID STREETS (50 AVENUE NORTH FROM FRANCE AVENUE NORTH TO CSAH 152 (BROOKLYN BOULEVARD), AND FRANCE AVENUE NORTH FROM LAKEBREEZE AVENUE NORTH TO 50 AVENUE NORTH WHEREAS, the design and reconstruction of improvements to T.H. 100 has resulted in changes to the configuration and traffic volumes of certain existing Municipal State Aid Streets in the vicinity of said improvements; and WHEREAS, the City Council has determined that redesignation of certain Municipal State Aid Streets in accordance with the Laws of the State of Minnesota is hereby necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the roadways described as follows, to wit: MSAS 109- 104 -010 50` Avenue North from France Avenue North to CSAH 152 MSAS 109- 105 -020 France Avenue North from T.H. 100 to 50` Avenue • North be and hereby are revoked as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the state of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for her consideration, and that upon her approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Brooklyn Center, to be numbered and known as listed above. 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. adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION ESTABLISHING DESIGNATION OF MUNICIPAL STATE AID STREETS(5P AVENUE NORTH AND AZELIA AVENUE NORTH FROM FRANCE AVENUE NORTH TO LAKEBREEZE AVENUE NORTH, AND LAKEBREEZE AVENUE NORTH FROM AZELIA AVENUE NORTH TO T.H. 100) WHEREAS, the design and reconstruction of improvements to T.H. 100 has resulted in changes to the configuration and traffic volumes of certain existing Municipal State Aid Streets in the vicinity of said improvements; and WHEREAS, the City Council has determined that redesignation of certain Municipal State Aid Streets in accordance with the Laws of the State of Minnesota is hereby necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the roadways described as follows, to wit: 1. 50 Avenue North from France Avenue North to Azelia Avenue North 2. Azelia Avenue North from 50 Avenue North to Lakebreeze Avenue North • 3. Lakebreeze Avenue North from T.H. 100 to Azelia Avenue North be and hereby are established, located, and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation of the state of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for her consideration, and that upon her approval of the designation of said roads or portions thereof, that same be constructed, improved and maintained as Municipal state Aid Streets of the City of Brooklyn Center, to be numbered and known as listed above. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. -- i I ECKBERG DR I \ MALL Q NORTHPORT J SCHOOL 55TH AVE• 55TH. AVE. :. 54TH. AVE �0 • - Q 53RD. PL. N. LILAC DR N. R _ 53 RD ,g...'•- ..:- - AVE. N. : u. r ........:. w E; r AVE: IDE PA 52 NO AVE. N. - _ - - OAK ST. m w i m ,. o 51ST 51 ST. • .51ST 'AVE. N.. w _ ... HOLLOW I ....' .... - .. .:.. AVE.N HAPPY AVE PARK / 0- 4 , J TH AVE. Im .. Z LLJ IOi vo : ui LAKEBREEZE A C -< J �w 48TH AVE. N. (AVE- -' 47TH AVE. N. ( L n - - -- _ RYAN LML 46 TH AVE. N. 46TH AVE. N. 1 ' 46TH AVE. N 5 : City Council Agenda Item No. 8a • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Sp alist / a.(J Subject: City Council Consideration Item - Planning Commission Application No. 2003- 003 Date: May 7, 2003 On the May 12, 2003 City Council Agenda is Planning Commission Application No. 2003 -003 submitted by ESM Limited, LLC, requesting Preliminary Plat approval to combine two parcels of land at the southeast corner of 60th Avenue North and Brooklyn Boulevard into a single lot for future office development. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -003 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 May 1, 2003 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • • Application Filed on 4 -10 -03 City Council Action Should Be Taken By 6 -9 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -003 Applicant: ESM Limited, LLC Location: 5960 and 5964 Brooklyn Boulevard Request: Preliminary Plat The applicant, ESM Limited, LLC, is seeking preliminary plat approval to combine two parcels of land at the southeast corner of 60 Avenue North and Brooklyn Boulevard into a single lot for future office development. The properties under consideration are 5960 and 5964 Brooklyn Boulevard, which are adjacent to one another and are located on the east side of Brooklyn Boulevard south of 60 Avenue North. The properties are in the C -1 (Service /Office) zoning district and are bounded on the north by 60 Avenue with the Evans Nordby funeral home on the opposite side of the street; on the east by Beard Avenue North with single family homes on the opposite side of the street; on the south by C -1 zoned land containing an existing two story office building; and on the west by Brooklyn • Boulevard with R -1 zoned property containing single family homes and the intersection of Admiral Lane and Brooklyn Boulevard on the opposite side of the street. The properties in question are existing lots that have lengthy metes and bounds descriptions as part of Lot 40, Auditor's Subdivision No. 216. Both lots are approximately 81 ft. wide by 228 ft. deep. Once combined, the total area of the proposed lot would be 36,485 sq. ft. (.8376 acres) and have a lot width of approximately 162 ft. The proposed legal description is Lot 1, Block 1, Steen Addition. The southerly lot (5960 Brooklyn Boulevard) currently contains a single - family dwelling and attached garage, which will be removed. The applicant's ultimate proposal is to develop the new lot with a proposed one -story office building, which will be subject to a site and building plan process to be submitted later for Planning Commission review and City Council approval. The preliminary plat shows a proposed location for the one -story office building and accessory parking lot, which appears to be a feasible use of the property. It should be noted that the City's Zoning Ordinance requires C-1 zoned lots along major thoroughfares, such as Brooklyn Boulevard, to have a minimum of 150 ft. of frontage (at the setback line) and have a minimum area of one acre. The proposed combination meets the minimum frontage requirement but falls slightly short of the minimum one -acre area requirement. There is no other undeveloped C -1 zoned land that can be attached to this property to meet the minimum one -acre requirement. The property immediately to the south of this site is approximately the same size as the proposed combination under this application. It is • 5 -1 -03 Page 1 • recommended that the one -acre minimum requirement for a C -1 zoned lot be waived in this case on the basis that this proposal is a reasonable use of the land. To not waive this requirement, would mean that the land could not be developed under its current zoning. Because the property in question, is less than five acres in area, no review by the Shingle Creek Watershed Management Commission is required with respect to this platting. The Director of Public Works /City Engineer has reviewed the preliminary plat submitted and his written comments are attached for the Commission's review. He notes that the preliminary plat has been forwarded to Hennepin County for their review and we are waiting any pertinent comments. He also notes that there is a sidewalk easement along Brooklyn Boulevard, which should be confirmed so that it does extend a minimum of one foot east of the existing sidewalk. He also notes that Beard Avenue North should be dedicated as right of way and a five foot wide drainage and utility easement should be added along the south property line. The site is currently served by all utilities, which should accommodate the proposed office development. As indicated previously, a site and building plan application will be submitted for the final design and layout of the proposed office building. The proposed location of the building does appear to meet all setback and parking requirements. No access to the proposed site will be gained via Brooklyn Boulevard and an existing curb cut will be eliminated. Access to the site will only be from 60 Avenue North, none will be granted from Beard Avenue North. • A ublic hearing has been c p g scheduled for the preliminary plat application and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. R ECOMMF.NT)ATTON The proposed preliminary plat appears to be in order and approval of this application is recommended subject to at least the following conditions: 1. The final plat 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. The existing house and attached garage at 5960 Brooklyn Boulevard shall be removed from the premises. 4. Approval of the preliminary plat acknowledges this .8376 acre site as being a conforming lot which is buildable for C -1 development purposes. 5. The applicant shall verify the location of the existing sidewalk easement prior to final plat approval. • 5 -1 -03 Page 2 I • 6. The final plat shall show the appropriate right of way dedication for Beard Avenue North. 7. A five foot wide drainage and utility easement shall be indicated along the south property line prior to final plat approval. 8. Building permits for construction of any buildings comprehended shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. • • 5 -1 -03 Page 3 ►rte :.�i�� �.■. Ili 1 all Wd Ti s I IECEI E APR 10 2003 CITY OF Fir ?( 1i;1 YKI PPaI F0, EXISTING CONDITIONS PRELIMINARY PLAT eENE�KK�,xe STEEN ADDITION ` PROPOSED IMPROVEMENTS In r -n -.M — — — K E KM l xOU.r R 4 m[0 � �- -�• �� � 1 w .•r..• N w Nr e«.xY OM Yrr,. rr. .«rr. f«w. w 1«n [. SnxO .00D tt0Y1{,[ R10. I 1 1 w W r^> r W •Y• .•• •M:.1.• .. Jw.•'> M ]1100 AUDITOR'S �SIJ9. 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E!)PVP1GMTa IOOr 1w r DOIC lkmr Ma -0W ` ' PEET NO. 1 OF I r S.4)• PRO,ECT NO. 63900 -001 XBROOKLYN MEMORANDUM TER DATE: April 21, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Preliminary Plat Review Steen Addition The Public Works Department reviewed the preliminary plat for Steen Addition, located at the southeast corner of Brooklyn Blvd and 60th Avenue North. The plat dated April 10, 2003 was prepared by Schoell & Madson, Inc. The following comments are provided for your consideration. 1. The applicant has not provided a detailed site plan at this time. Engineering review comments regarding site grading, drainage, driveway access and utilities will be provided when the applicant submits a site plan for review. • 2. The reliminar plat p y p was forwarded to Hennepin County for review. Hennepin County will determine if additional right -of -way dedication is required along Brooklyn Blvd (County Road 152). Any comments received from the County will be forwarded to the applicant. 3. The applicant shall confirm that the existing sidewalk easement extends from the west property line to a minimum on 1 -foot east of the east sidewalk edge prior to submitting the final plat if Hennepin County does not require additional right -of -way dedication along County Road 152. 4. A note shall be added to the plat indicating that right -of -way along Beard Avenue North will be dedicated to the public. A dimension should be added along to the south property line to define the right -of -way width. 5. It is recommended that a 5 -ft wide drainage and utility easement be added along the south property line.. Please contact me if you have any questions or need additional information. • GADepts\Public Works\Engineering \Development & Planning \STEEN ADDITIONTrelim Plat4- 21- 03.doc City Council Agenda Item No. 8b IS MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spe ' list .�. Subject: City Council Consideration Item - Planning Commission Application No. 2003- 004 Date: May 7, 2003 On the May 12, 2003 City Council Agenda is Planning Commission Application No. 2003 -004 submitted by ATS & R (on behalf of Osseo School District No. 279) requesting a Special Use Permit and Site and Building Plan approval for a 10,740 sq. ft. building addition to the north and south sides of Garden City Elementary School and to create and reconfigure play areas at the school and the adjoining Garden City Park. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -004 and also an area map showing the location of the • property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 1, 2003 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • • Application Filed on 4 -17 -03 City Council Action Should Be Taken By 6 -16 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -004 Applicant: ATS & R (On Behalf of Osseo School District No. 279) Location: 3501 65th Avenue North (Garden City School) Request: Special Use Permit/Site and Building Plan Approval The architectural firm ATS & R, on behalf of Osseo School District No. 279, is seeking special use ermit and site and building plan P g p approval to construct a 10,740 s . ft. building addition to q g the north and south sides of Garden City Elementary School and to create and reconfigure play areas. at the school and the adjoining Garden City Park. The properties under consideration are the Garden City Elementary School (3501 65 Avenue North) and the adjacent Garden City Park (3 607 65 Avenue North), which are both zoned R -1 (One Family Residence). The properties are bounded on the north by 65 Avenue with C -1 (Service /Office) and R -1 zoned property on the opposite side of the street; on the east by R -5 (Multiple Family Residence) zoned property containing the Garden City Court Apartments; on the south by C -2 (Commerce) zoned property containing the Rainbow and Walgreen's developments; and on the west by Brooklyn Boulevard with C -1 zoned property on the opposite • side of the street. Public and private elementary schools and parks are both special uses in the R -1 zoning district. The proposal is to make two additions to the school, one at the northeasterly portion of the building for a new entry area and an expansion to the administrative offices in that area and the other at the southwesterly portion of the building for new classrooms, a mechanical room, connecting corridors and exits. The total of the building expansion is 10,740 sq. ft. Also planned is a reconfiguration of the school's north parking lot and bus drop off area as well as revised faculty and staff parking lot. Park and playground improvements comprehend a new school and park tot lot and play area including a soccer field and softball diamonds. The park shelter building will be relocated and there will be a revised hockey /ice skating area. A new 20 stall park parking lot will be added to Garden City Park. The park/school play areas and parking facilities will be jointly used by the City and the School District. An existing chain link fence and adjacent bituminous pathway generally separating the existing park facilities and school playground will be removed and relocated adjacent to 65 Avenue North to incorporate the play facilities into a more common area. A new bituminous path and entrance will be established on 65 Avenue North, east of Brooklyn Boulevard across from where Ewing Avenue intersects with 65 Avenue. The City's Park and Recreation Advisory Commission reviewed the proposed park modifications and upgrades at their April 15, 2003 meeting and recommended approval of the new plan. A new cooperative agreement regarding the joint play facilities will be drafted and executed by the City and the School District. It should be noted that the School District is funding the park modifications and improvements as well as the additions to the school. • 5 -1 -03 Page 1 • AC' RSS/PARKINC'T Access to the school will be from two curb cuts on 65 Avenue North, which are slightly modified from the existing accesses. Instead of separating the bus loop /drop off area from the visitor parking and parent drop off area by chain barriers delineating a walkway between the sidewalk and the school entrance, a new separation, landscaped area and green strips will be established. New concrete walkways connecting the separated bus and parking areas to the school will be established as will a new entrance area at the northeast corner of the building. A new staff/faculty parking lot along the east and south sides of the building will be constructed allowing some additional landscaping to be accomplished adjacent to the east wall of the school. A new park parking lot accommodating 20 parking spaces is proposed for north of the bus loop and east of the relocated shelter building. It will have a separate access from 65 Avenue and will tie into the bus loop area but will have a double gate to prohibit mixing traffic from the two facilities when needed. The revised easterly access to the visitor parking, parent drop off area is approximately, 36 feet in width. When curb cuts exceed 30 ft. in width, we typically require a concrete delineator to separate the traffic coming into the site from that going out. Such a concrete delineator is • recommended for this drive way. The plan indicates total parking of 103 spaces, 20 in the new park parking facility; 12 in the visitor lot; and 71 spaces in the staff lot to the east and south of the building. The plan notes that there are approximately 65 full and part time staff at the school. It is not anticipated that the building addition will cause any increase in staff numbers on site. There is no established parking formula in the zoning ordinance for schools and we have typically looked at providing parking based on the number of full time and part time employees as being a basis for determining adequate on site parking for schools. The number of parking spaces comprehended in this plan appears to provide enough parking for staff and visitors on a regular day -to -day basis. Special events at the school may occasionally require some on street parking, which is expected and understood. Six handicap parking spaces are shown on the plan for the staff, visitor and park parking lots. The plan calls for B -612 curb and gutter around all driving and parking areas. When Garden City School was last expanded in 1993, concerns were raised that curb and gutter should be installed consistent with city requirements. The Osseo School District indicated at that time that they had plans to upgrade parking facilities at all of their older schools within the next ten years. Curb and gutter improvements were deferred by the City for Garden City School at that time. The plans now submitted meet the commitment made by the School District at that time. • 5 -1 -03 Page 2 • CTR ADIN R ATNACTEA TTTT TTTF4 The applicant has provided preliminary grading, drainage and utility plans which are being reviewed by the Director of Public Works /City Engineer and written comments are anticipated and will be attached with this report. Storm sewer will be provided to the newly upgraded parking facilities and a retention pond south of the building will be enlarged somewhat to accommodate additional drainage. A 60 -inch storm sewer line runs east and west through the site from Brooklyn Boulevard east to in front of the north side of the school. The proposed new entry /administrative office area to be constructed would be built over this storm sewer line. The School District plans to relocate the storm sewer and a corresponding change in the easement document will need to be made to reflect the relocated utility. Other utilities, such as sewer and water, exist and no changes to these facilities are anticipated other than to accommodate the relocated shelter building. It is my understanding that this plan will not require Shingle Creek Watershed Management Commission review. T.ANDSCAPTNG . The applicant has submitted a landscape plan showing existing and proposed new landscaping to be provided for the school and park. It should be noted that the landscape point system does not address schools or park facilities specifically in the evaluation criteria. The combined site is • 11.58 acres in area. If we were to use the office criteria contained in the landscape point system, a total of 960 landscape points would be required. Considering existing landscaping and that being proposed, the total point value of the landscape plan would be 990 points. As mentioned previously, the plan comprehends establishing new landscape areas at various points around the site. A separation between the bus drop off area and the visitor parking area will accommodate a number of trees, shrubs and sod. Immediately to the east of the visitor parking area there will be a landscape area established with a new concrete walk and landscaping containing five new Red Maple trees. The green strip and area separating the parking lots include Redmond Linden and Red Maple shade trees as well as Allegheny Serviceberry and Japanese Tree Lilac decorative trees in the same area. In the green strip adjacent to the park parking lot is a new Redmond Linden to go along with an existing shade tree. Shrubs such as Andorra Juniper, Taunton Yew, Gro -Low Fragrant Sumac and American Cranberry Bush are located in green strip areas as well as in planting beds around the front and sides of the school building. Six Siouxland Poplar will be added to the south side of the parking lot at the rear of the building and Red Maple and Redmond Linden along with Allegheny Serviceberry trees are proposed for the expanded landscaped area along the east side of the building between the building wall and the new curb line for the faculty parking lot. Redmond Linden will also be used for island plantings in the visitor parking lot. Overall the landscape plan appears to be more than adequate for the site. • 5 -1 -03 Page 3 • BT TTT DINCT The exterior treatment of the building additions will be a face brick to match the existing building exterior. A pre - finished metal panel fascia over the new entrance area will be established to match the existing fascia. The trash enclosure will be located at the south end of the existing building adjacent to the new addition. It will be a masonry structure to match the existing building with a solid, opaque gate. MRCTAT. TIRE PRRMTT gTANT)ART)4 As indicated previously, the elementary school and park facilities are special uses in the R -1 zoning district and are subject to the Standards for Special Use Permits contained in Section 35- 220 of the City Ordinances. These Standards for Special Use Permits require that the proposed special use will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood, nor substantial) diminish or impair roe values; � Y p property �Y , not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. We would comment that we believe the expansion of the Garden City Elementary School and the • modification and reconfiguration of the Garden City Park area will not be detrimental to or endanger the public health, safety, morals or comfort. Furthermore, we do not believe that the use will be injurious to other property in the immediate vicinity nor will it diminish or impair property values within the neighborhood. In fact, the improvements proposed can be considered a benefit to surrounding properties. The expansion and the upgrading of park facilities can be considered a positive factor with respect to the surrounding area. We also believe that adequate measures have been or will be taken to provide proper ingress and egress and that the parking on the site is adequate for the uses provided. We do q p not see traffic congestion on public streets to be created with this redevelopment. The site and building plans submitted appear to conform with the applicable regulations of the district in which these properties are located. Finally, we believe the proposal meets all of the standards fors special use permits contained in the City's P P tY Zoning Ordinance and recommend approval of the application. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RRC OMMENDATTO We believe the plans are in order and approval is recommended subject to the following conditions: • 5 -1 -03 Page 4 • 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. The building additions are to 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. 5. B -612 curb and gutter shall be provided around all parking and driving areas. 6. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the • City Ordinances. 9. The special use permit is granted for the addition to the Garden City Elementary School and the modification and reconfiguration to Garden City Park as proposed in these development plans. Any expansion or alteration of the facilities not comprehended by this approval shall require an amendment to this special use permit. 10. The plans shall be modified to provide a concrete delineator for the 36 ft. wide driveway located at the northeast corner of the site. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 12. A new storm sewer easement shall be provided to protect the relocated 60 in. storm sewer. 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M1 GAPFID TEPoAL ER4Y 00011D ANp DEPM PER PLATCRgND RE- RbTALLER CC LAND PLAN - PHASE 2 Adalk (L scnte r -w 1 • T TT��� 4- - - -I-- - --} -- -a �— A -- '- - , �_ I I 1 'u r 'La a' 'c s L ° s 'a j i 'e 'a a E I I I I I I �- -� -I , -� � I TT T T T TT n ' ! S ; '4 I►1 AMM ONSMMALMAMONST0 GARDEN CITY ELEM. SCHOOL OSSEOAMPUBUCSO10OLS s f ill t ";� 1101 NhAK N. ®OOOI4TN GNfRM/91L � i F/ u ° �i4i oainra mu ro mu r " r "" • � • erx W M0� nu�iegP aM�- N• F Y R W 4r ra /¢ ntma" Er- LL I 1 w Y °uC l _ ` - - - I uc•rY Yr A44Rfs. . nt-yY R,. "4MY, D•. \ - \` mYM. `WYY aCG A.J r�y�rw -I / 0 lDS,II 0"" - ELM an n4Y4n DU � �n4av ' i' m i ❑ ❑. 40a io omu�u mmwm�v.a'°'"°inYx r,.yr (\i,J Q TRrx F]mTNC YFST/FAA 6MdKN - t 60Y (mr � ®tfsf W.WIDN t F T � yr. rt w' • re � d h MME -r" / _ _ "eMr -r• a6 $ may. ` _ ,r{�.._ a'N s �. , . 1_�Y `•� ,� _ - '� .. .. _ _ 4�iID Iln Y� 0, � J ul W f E s T w eam mwx nnua _ • p3aAlUx/1NlL RYWmYW DW Wr 4M14 W4 "0. EM1 it�tYAIWI QMV -K{ tl @Y y W[ alQ maY mW tlla WF i. "���yry ryy Syr i�.' — wu.r ' SY6 II I1 �4 I I �� �� Ij fnwa _ NM a61/d _ fc a. $ >yWIMRLy iSn•.o as MY, 1r.� ' •" - _ C \_ ` - -. 4a u°�ux.144.1 wwYn IRif EIFmYON yr. ra -ew n w Wrtw.e ONn Irn R+B�SSI n 0A 4�TICL114 aa4 S s4 YYY nf!CA FLBVATI ONB n . . sTn'w � D4nuau AM • MEMORANDUM DATE: April 29, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works 'fw SUBJECT: Garden City Elementary School Revised plans for the proposed improvements to Garden City Elementary School were reviewed for' engineering and utility issues. The following plan sheets were submitted to the Public Works Department for review. 1. Site Survey, Sheet L1.0, dated February 26, 2003. 2. Preliminary Site Plan, Sheet L3.0, dated April 15, 2003 3. Grading and Utility Plan, Sheet L4.0, dated April 15, 2003 4. Landscape Plan, Sheet L5.0, dated April 15, 2003 5. First Floor Ref, Plan, Sheet Al. 1, dated April 3, 2003 6. Exterior Elevations, Sheet A4.1, dated April 3, 2003 • The following comments are provided for your consideration. Water Supply Public water service is provided to the site from an 8 -inch water main that extends from a 16- inch water main in Brooklyn Boulevard to a 16 -inch water main in Xerxes Avenue. The water main crosses the site near the north property line and is within an existing easement as indicated on the site survey plan sheet. 1. The plans indicate that water service to the building will continue to be provided through the existing water main along the west side of the building. The connection point of the existing service to the existing city water main is not indicated on the plans. Sheet L1.0 must be revised to show the service connection point to the existing water main. 2. The Owner should contact the City Fire Chief to discuss if additional hydrants are needed within the site due to the building expansion. Sanitary Sewer Public sanitary sewer service is provided to the site from a 15 -inch sewer main that extends along the northern property line of the site. This sewer flows east along 65 Avenue, then south • to Lift Station No. 1. GADepts\Public Works \Engineering \Development & Planning \Garden City Elem\Site Plan Review.doc • 1. The plans indicate that sanitary sewer service to the building will continue to be provided through the existing 8 -inch service lateral extending from the north side of the building to the manhole in 65 Avenue No Sheet " North. S e t L4.0 shows a second line labeled ST from the northwest corner of the building connecting to the existing sewer service. Storm sewer cross connections are not allowed into the sanitary sewer system. If this is an existing storm drainage pipe, it shall be disconnected with this project. 2. A 30 -foot wide easement extends across the northern property line. The existing 15 -inch sanitary sewer is located on the northern edge of the easement. The school is proposing the construction of a new bus entrance and parking lot over the top of the existing sewer. It is recommended that a utility easement extending 15 feet north of the existing sanitary sewer be prepared and recorded by the School District if any improvements are proposed over the top of the existing sanitary sewer pipe. 3. The City may require the installation of a water tight casting over the top ofthe existing manhole at the west driveway based on the review of the final plans. Storm Water Management Storm water runoff from this area of the city is conveyed by storm sewer to Shingle Creek. A 60 -inch diameter trunk storm sewer extends through the site from Brooklyn Boulevard to the east. A 42 -inch diameter storm sewer also extends through the site from the south property line • to the connection with the above 60 -inch diameter trunk sewer. Both of these storm sewer lines are located within existing 30 -ft wide utility easements as indicated on the site survey plan sheet. 1. Sheet L1.0 does not show the location of the 60 -inch diameter storm sewer P i P e to the east of the intersection with the 42 -inch diameter storm sewer pipe. Plan Sheet LLO shall be revised to accurately reflect the location of this section of storm sewer pipe. Plan Sheet L1.0 should be re- certified by a licensed land surveyor after the corrections are completed. 2. A portion of the 60 -inch diameter storm pipe is proposed to be relocated to allow expansion of the building to the north. Pre -cast concrete manhole structures shall be placed at all changes in alignment of the pipe and at connection points. A revised engineering plan sheet shall be submitted to the City for review. The plan sheet shall include details of the relocation, including materials, profile, and alignment. 3. The existing easement for the portion of the 60 -inch storm sewer to be relocated will need to be vacated prior to construction. A new easement for the relocated section of pipe must be prepared and recorded prior to construction. 4. The proposed southwest expansion of the building appears to encroach into the existing easement for the 42 -inch diameter storm sewer crossing the site. Plan sheet L4.0 should . be revised to show the existing and proposed easements. If the proposed building expansion encroaches significantly into the easement, the city may require relocation of a GADepts\Public Works \Engineering \Development & Planning \Garden City Elem\Site Plan Review.doc • portion of the 42 -inch pipe. Any portion of the easement that is used for building expansion will need to be vacated prior to construction. 5. Sheet L4.0 — Grading Note "N ": At this time, the City has not agreed to be responsible for the cost of moving or adjusting existing city owned utilities that are necessary for the construction of the school building expansion. The School District may be responsible g P Y p for up to 100 percent of the costs for relocating city owned utilities that are within existing easements. 6. The information submitted for review did not include data on the net increase in impervious surface for the site and the net increase in storm water runoff from the proposed improvements. This information should be submitted to the City for review. Grading and Erosion Control An erosion control plan must be prepared and submitted to the city for review and approval prior to initiating grading activities within the site. Street and Driveway Construction The Project includes the reconstruction and realignment of the west entrance to the school • property. This driveway entrance is located along a 90- degree curve in the street. The reconfiguration creates what may appear to some as an uncontrolled 3 -way intersection where west bound traffic on 65 Avenue may continue straight through the intersection and conflict with traffic traveling southbound on Drew Avenue North. 1. The City will consider placement of a warning sign for the 90- degree right bend on 65 Avenue for west bound traffic. The City may require that a stop sign be placed at the exit point of the bus area driveway. 2. If the proposed driveways are to exceed 30 feet in width at the property line, a center median shall be added to separate ingress and egress traffic. The east side of the east driveway should be modified to taper into the curb line at a point west of the property corner. 3. Trees, shrubbery, and other plant materials shall not be planted or maintained in such a manner as to obscure or impede the visual sightlines required to ensure the safe and efficient circulation of vehicles and pedestrians at the driveway openings and sidewalks. 4. It is recommended that the City and the School District enter into a maintenance agreement regarding the long -term maintenance of the parking lot pavement, snow removal, and grass mowing responsibilities. GADepts\Public Works \Engineering \Development & Planning \Garden City Elem\Site Plan Review.doc • 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 MAY 1, 2003 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Rahn was absent and unexcused. APPROVAL OF MINUTES — JANUARY 30, 2003 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the minutes of the January 30, 2003 meeting as submitted. The motion passed. Commissioners Boeck and Whitehead abstained, as they were not at the meeting. • 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. 2003 -003 ESM LIMITED, LLC Chair Willson introduced Application No. 2003 -003, a request from ESM Limited, LLC, for Preliminary Plat approval to combine two parcels of land at the southeast corner of 60 Avenue North and Brooklyn Boulevard into a single lot for future office development. Mr. Warren presented the staff report using overhead transparencies for Application No. 2003- 003 which consists of a preliminary plat that will combine two parcels of land addressed as 5960 and 5964 Brooklyn Boulevard. Once combined, the total area of the proposed lot would be 36,485 sq. ft. (.8376 acres) and have a lot width of approximately 162 ft. The applicant proposes to develop the new lot with a one -story office building and accessory parking lot. (See Planning Commission Information Sheet for Application No. 2003 -003 dated 5 -1 -03 and the Director of Public Works' memo dated 4- 21 -03, attached.) Mr. Warren pointed out that the City's Zoning Ordinance requires C -1 zoned property along major thoroughfares have a minimum of 150 ft. of frontage (at the setback line) and have a minimum area of one acre. The site falls slightly short of the minimum one -acre area requirement. There is no other undeveloped C -1 zoned land that can be attached to this property • to meet minimum requirements; therefore, it is recommended that the requirement for a one acre 5 -1 -03 Page 1 • lot be waived since this is a reasonable use of the land. He added that. access to the site would only be from 60 Avenue North. Commissioners Reem and Erdmann inquired about the continuation of the sidewalk along Beard Avenue North south of 60 Avenue. Mr. Warren responded that unless a sidewalk was requested by the neighborhood, the city was not requiring a sidewalk as part of this plan. Commissioner Boeck asked that the wording on Recommendation No. 4 be changed to state " Approval of the preliminary plat acknowledges this .8376 acre site as being a buildable lot for C -1 purposes and waives the one acre requirement for development ". Mr. Warren responded that the recommendations would be amended to reflect the change. PUBLIC HEARING — APPLICATION NO. 2003 -003 There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2003 -003, at 8:00 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Gene Striefel, one of the Partners of ESM Limited, LLC, introduced himself. Mr. Striefel explained that his company hopes to have building plans ready for approval in about a month, however, they are waiting for their current building located on Lilac Drive to be sold before moving ahead with site and building plan approval. • No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2003 -003, at 8:04 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2003 -003 ESM Limited. LLC There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -003, submitted by ESM Limited, LLC, for Preliminary Plat approval to combine two parcels of land at the southeast corner of 60 Avenue North and Brooklyn Boulevard into a single lot subject to the following conditions: 1. The final plat 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. • 5 -1 -03 Page 2 • 3. The existing house and attached garage at 5960 Brooklyn Boulevard shall be removed from the premises. 4. Approval of the preliminary plat acknowledges this .8376 acre site as being a buildable lot for C -1 uses and waives the one acre requirement for development. 5. The applicant shall verify the location of the existing sidewalk easement prior to final plat approval. 6. The final plat shall show the appropriate right of way dedication for Beard Avenue North. 7. A five foot wide drainage and utility easement shall be indicated along the south property line prior to final plat approval. 8. Building permits for construction of any buildings comprehended shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County and a Site and Building plan application has been properly reviewed and approved. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem and • Whitehead. The motion passed unanimously. The Council will consider the application at its May 12, 2003 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2003 -004 ATS & R (ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279 Chair Willson introduced Application No. 2003 -004, a request from ATS & R on behalf of Osseo School District No. 279, for a Special Use Permit and Site and Building Plan approval for a 10,740 sq. ft. building addition to the north and south sides of Garden City Elementary School and to create and reconfigure play areas at the school and the adjoining Garden City Park. Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 5 -1 -03 for Application No. 2003 -004 and the Director of Public Works' memo dated 4- 29 -03, attached.) The properties under consideration are the Garden City Elementary School (3501 65 Avenue North) and Garden City Park (3607 65 Avenue North), which are both zoned R -1 (One Family Residence). Both are special uses in the R -1 zoning district. Commissioner Erdmann asked about an agreement being established between the City (for the park) and the School District for shared maintenance and use of the site. Mr. Warren indicated • that a formal agreement would be developed but it is not part of this approval. 5 -1 -03 Page 3 • Commissioner Whitehead inquired about the status of the fence along Brooklyn Boulevard. Mr. Warren explained that existing fencing along Brooklyn Boulevard would remain as would fencing along the south and east sides of the site and pointed out where new fencing would be placed on the site along 65 Avenue North. PUBLIC HEARING — APPLICATION NO. 2003 -004 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2003 -004 at 8:47 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Rob Binder, the landscape architect from ATS & R, introduced himself. He explained that this development was part of a referendum passed several years ago as part of a large package to remodel and improve schools in the Osseo School District. Commissioner Boeck inquired as to when the project would begin. Mr. Binder responded that the bulk of new construction would begin in the summer of 2004 with interior remodeling taking place as early as the summer of 2003. Commissioner Reem commented that she liked the landscape plan and was glad the building would continue to be used as a school. • Commissioner Boeck asked to have a Condition No. 13 added to the comments and recommendations from the City Engineer's report. No other person from the public appeared before the Commission during the public hearing on Application No. 2003 -004. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2003 -004 at 8:56 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLIC.AT_ION NO. 2003-004 — ATS & R (ON BEHALF OF OSSEO SCHOOL DISTRICT NO. 279) There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to the City Council that it approve Application No. 2003 -004, submitted by ATS & R, for a special use permit and site and building plan approval to construct a 10,740 sq. ft. building addition to Garden City Elementary School and to create and reconfigure play areas at the school and the adjoining Garden City Park, subject to the following recommendations: • 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5 -1 -03 Page 4 • 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. The building additions are to 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. 5. B -612 curb and gutter shall be provided around all parking and driving areas. 6. An as -built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. • 9. The special use permit is granted for the addition to the Garden City Elementary School and the modification and reconfiguration to Garden City Park as proposed in these development plans. Any expansion or alteration of the facilities not comprehended by this approval shall require an amendment to this special use permit. 10. The lans shall be modified to provide a concrete p p delineator for the 36 ft. wide driveway located at the northeast corner of the site. 11. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 12. A new storm sewer easement shall be provided to protect the relocated 60 in. storm sewer. The appropriate portions of the existing storm sewer easement shall be vacated to reflect the realigned storm sewer location. 13. The applicant shall comply with the recommendations and requirements contained in the City Engineer's memorandum dated August 29, 2003. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem and Whitehead. The motion passed unanimously. • 5 -1 -03 Page 5 • The Council will consider the recommendation at its May 12, 2003 meeting. The applicant must be present. Major Changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren stated that three_ applications have been submitted for the May 15, 2003, Planning Commission meeting. Commissioner Boeck asked about the status of single family homes along Brooklyn Boulevard. Mr. Warren responded that to have any impact on the development of these parcels, the City might have to come forward and acquire the sites for redevelopment. He added that there have been no inquiries from the public. Commissioner Reem inquired about the status of the newly paved area next to the Evans Nordby Funeral Home. Mr. Warren explained that they paved the area without the City's approval and it is expected that they will have to make application to the Planning Commission to meet parking area requirements. Improvements other than just paving are required. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn • the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at p.m. Chair Recorded and transcribed by: Rebecca Crass • 5 -1 -03 Page 6 • City Council Agenda Item No. 9a • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE ROTARY CLUB OF BROOKLYN CENTER TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATORS FOR THE CITY OF BROOKLYN CENTER WHEREAS, the Rotary Club of Brooklyn Center has presented to the City a donation of eight thousand dollars ($8,000) designated to be used to purchase three Automated External Defibrillators (AED); and WHEREAS, the three defibrillators will be purchased for the City's Community Center, Fire Department, and Police Department, and WHEREAS, the City Council is appreciative of the donation and commends the Rotary Club of Brooklyn Center for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9b Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF STEPHEN MCCOMB WHEREAS, Captain McComb was hired as a police officer by the City of Brooklyn Center Police Department, on June 28 1972• and p , WHEREAS, Captain McComb served as a Sergeant from August 5, 1984, to June 25, 1995, and was promoted to the position of Captain on June 26, 1995; and WHEREAS, Captain McComb has served as a department range master and as a member and supervisor of the emergency operations unit; and WHEREAS, Captain McComb has received numerous commendations for outstanding police work; and WHEREAS, Captain McComb has received letters of thanks from numerous citizens for assistance that he has rendered; and • WHEREAS, his dedicated public service and civic effort for the betterment of the community merit gratitude of the citizens of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, upon the recommendation of the City Manager, that the Mayor and Council express their deep appreciation to Captain Stephen McComb for his 30 years of dedicated public service. 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 • PROCLAMATION DECLARING MAY 18 -24, 2003 PUBLIC WORKS WEEK IN BROOKLYN CENTER WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as engineering, water, sewers, streets and highways, parks, public buildings, and solid waste collection; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction is vitally dependent upon the efforts and skill of public works officials; and • WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim May 18 -24, 2003 as "National Public Works Week" in the City of Brooklyn Center, and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Date Mayor Attest: • City Clerk • MEMORANDUM DATE: May 7, 2003 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Proclamation Declaring May 18 -24, 2003, Public Works Week in Brooklyn Center National Public Works Week is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectively known as public works. Instituted as a public education campaign by the American Public Works Association in 1960, the weeklong celebration calls attention to the importance of public works in community life. The week seeks to enhance the prestige of the often - unsung heroes of our society —the professionals who serve the public good every day with quiet dedication. The 2003 theme, "The Strength of Public Works ", brings to the forefront how the "strength" of not only individuals, but ALL public works employees creates the foundation of stronger, more livable communities. • The Public Works Department employees 38 full time and 19 seasonal employees in the five divisions of the Department— Engineering, Street Maintenance, Parks Maintenance, Public Utilities, and the Central Garage. All divisions work together as a team to provide high- quality service for people who live, work, and visit Brooklyn Center. Many of their tasks like plowing streets, mowing parks, putting up signs, pumping water, maintaining large equipment, and designing improvement projects are high profile. Many more tasks are completed almost unnoticeable except in their absence. Many people do not realize that many of the efforts of the department take place while everyone else is sleeping. It is not unusual for street or park employees to get called out in the middle of the night after a storm to clear fallen trees from the road, or to plow or provide ice control during a winter storm, or utility employees to be called out to respond to a sewer backup or watermain break. As part of Public Works Week, public works employees are taking a field trip to Odyssey Charter School on Tuesday, May 20 for an Equipment Show and Tell. Attached is a newsletter that is being distributed to the 230 students at the elementary school that provides details of the event. Our Public Works employees take great pride in their work. Attached for Council Consideration is a Proclamation Declaring May 18 -24, 2003, Public Works Week in Brooklyn Center. • NEWS z or ks o The LETTER y " May 7, 2003 A newsletter about Public Works for Odyssey Charter School Students Equipment Show and Tell goes back to school on Tuesday, May 20! National Public Public Works Department goes Think "Safety" around Works Week to be back to school equipment. Stop, look celebrated Brooklyn Center public works employees and listen! In 1960, President John are taking a field trip to Odyssey Charter Follow these safety tips for a F. Kennedy proclaimed School on Tuesday, May 20 to display city safe and fun summer: National Public Works equipment and inform students about the Week as an annual services the City provides. reminder of the many When you see flashing lights and ways public works contributes to our quality hear engine noise it f life. is important to keep During this weeklong _ a ��„ away from a work area. The celebration, professionals T, -.. operators of heavy equipment take part in events and can't always see you. activities that increase ` public awareness of —and r _ Whether you are appreciation for —the walking or riding in a car with an public works profession. '' "The Strength of Public adult, stay at least The employees are bringing the following 100 feet from any equipment. Works" is the theme of the to our school: week in 2003. equipment y There is a "blind" spot behind Come meet the people the machinery and the that maintain your streets, ©Vac -Con © Paint Striper hear the back u operator can't see you. If you p alarm (beeper parks and public utilities � bee P when we visit your school. ©Grader or bell), it is to alert you that 0 Backhoe the equipment is moving backward and everyone should The Works The field trip is part of Public Works Week, clear the area. Be sure to give Public Works Department which is being celebrated May 18 -24, 2003. any equipment plenty of room City of Brooklyn Center We have scheduled an informal open house to maneuver and stop. 6844 Shingle Creek Pkwy at your school from 10:15 to 11:00 a.m. We Brooklyn Center, MN 55430 763 -569 -3380 will allow plenty of time for a question-and- When you are This publication is to inform answer session for all students that wish to playing in the participate. elementary students about the parks this summer services that are provided by the please respect the people who public works employees to the NATIONAL PUBLIC WORKS WEEK City of Brooklyn center are mowing the grass and stay MAY 18 -24, 2003 a safe distance from mowers. r ------------ ---------------------------------- i t at^ a water saver. I �Qa1�1;R11:.E'�'T - :4,V •I: T Y �I know that water is important. i ' I shut the water off when I brush my i GRADER BACKHOE LOADER 1 teeth or wash my hands. VAC -CON PLOW TANKER (take short showers. i BUCKET STRIPER MOWER I don't fill the tub when I take a bath. J v z G w T C v X A P J F T I tell my parents to fix leaks right away I R S W L 0 A D E R J M P T V B E T F 0 H M W H E 0 J E B N W V R N 0 E V Z M W P K L 1 never use the toilet as a wastepaper V H D E I G C N E C E U C H ;basket I T A Y T R P R E P F R K U A --------------------------------------- - - - - -- Q B X M J E E A 0 M B E B R T N E W Z L K R D H P L Q U P L 0 W U T Z N P E K A T R V H P C Y G Z V A Z R C I I ., t << \ \ 'Q 0 0 0 C K V J U T C D A Q Z L N P X A N R I Q W 'G I B J A K V Z Z V 0 J Z T Z V X W V J N M S R W U P R N Q Z f ORECAS When playing in the parks this summer please: * stay a safe distance from mowers �Ik respect the playground equipment maial- mor-cks 'Ik pick up trash CLEAN FUN SAVE If you see park crews in the bucket truck trimming DRINKS WATER LAKE trees, be sure to stay a safe distance from the equipment. G L T C K L During the winter snow season please: F U N L H A W A T E R K stay a safe distance from plows * don't build snow forts in snowbanks. W P S A V E The wings on the snowplows will destroy them and you can be seriously D R I N K S injured. * remember sliding down snowbanks near the streets is very dangerous. • City Council Agenda Item No. 9d Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF ARBOR DAY AND JUNIOR GOLF ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of three hundred dollars ($300.00), and have designated that it be used to support our annual Arbor Day activities; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of two hundred dollars ($200.00), and have designated that it be used to support the Earle Brown Days Junior Golf Tournament; and WHEREAS, the City Council is appreciative of the donations 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 1. Acknowledges the donations with gratitude. • 2. Appropriates the donations to the corresponding activity budgets. 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 A Millennium Community MEMORANDUM DATE: 4/16/2003 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation For The Gifts Of The Brooklyn Cen Lions Club In Support Of Arbor Day And Junior Golf Activities. The Brooklyn Center Lions Club has presented to the City a donation of three hundred dollars ($300.00) They have designated that it be used to support our annual Arbor Day activities. In addition, The Brooklyn Center Lions Club has presented to the City a donation of two hundred dollars ($200.00) They have designated that it be used to support the Earle Brown Days Junior Golf Tournament. • Staff recommends acceptance of these donations and asks that they be coded to their corresponding activity budgets. 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. 9e Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING RADIO REPEATER AS SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF SAID PROPERTY WHEREAS, the Brooklyn Center Police Department has a Motorola DVP Repeater that was used with the old radio system when the Police Department was located at City Hall; and WHEREAS, the Police Chief has been contacted by the City of Moorhead Police Department regarding the availability of the equipment since Motorola no longer offers this type of encryption; and WHEREAS, the Police Chief has determined that the Motorola DVP Repeater has been inactive since 1999, is abandoned and useless to Brooklyn Center, and has no resale value. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Motorola DVP is hereby declared surplus property and is hereby authorized for transfer to the City of Moorhead Police Department. • 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. • noKLYN CEpt� BROOKLYN CENTER POLICE DEPARTMENT ' POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold,5;-21) DATE: April 22, 2003 SUBJECT: Abandoned Repeater at City Hall The radio system was replaced during the construction of the new police facility during 1999. Certain equipment at City Hall was disconnected and has not been -used since that time, including • a Motorola DVP Repeater. This unit was used with the old radio system to scramble a police frequency in the event of a critical incident, so that suspects would no longer be able to monitor police transmissions. With the new system in place, this unit has been inactive since 1999. Recently, our radio consultant, Jeff Nelson, contacted Captain McComb. Nelson was looking for a DVP Repeater similar to the one at City Hall. The Moorhead Police Department had a water leak in their radio room, and their SVP Repeater was damaged beyond repair. Since Motorola no longer manufactures this type of equipment, Moorhead has had a difficult time locating one. Thus, the Moorhead Chief of Police requested that they use our DVP. Since this equipment is abandoned and useless to Brooklyn Center and has no resale value, I recommend Jeff Nelson facilitate the removal of the unit for Moorhead's use. In this manner, the City of Brooklyn Center incurs no cost or liability. SB /ed • CITY OF RMAft0% W-m A W% tee■ ® 40IMO s �OA&O& POLICE DEPARTMENT 915 9th AVENUE NORTH, BOX 817, MOORHEAD, MINNESOTA 56561.0817 ADMINISTRATION (218) 299.5120, AFTER HOURS (218) 299.5111 FAX (218) 299.5228 April 14, 2003 Scott Bechthold Chief of Police Brooklyn Center Police Department 6645 Humboldt Av Brooklyn Center MN 55430 Dear Chief Bechthold: Recently we had a water leak in one of the City water towers. As a result of this, one of our • police repeaters was ruined. This repeater used Motorola DVP encryption. Motorola no longer offers this type of encryption. Lt. Greg Anderson from our department has been in contact with Captain Steve McComb from your department and it is our understanding that you have a used repeater with this type of encryption that you are no longer using. Captain McComb told Lt. Anderson that this repeater would be available upon my written request. Lt. Anderson will make arrangements with Captain McComb for the transfer of ownership. Thank you. Your help in this endeavor is greatly appreciated. Sincerely, P rant H. Weyland Chief of Police GHW /lks City Council Agenda Item No. 9f Mississippi Riverbank Stabilization Background Information -Existing 18" Dia. Sanitary Sewer Pipe -Conveys 750,000 gal /day for the Northeast Portion of B.C. -Located within a 20 -ft wide Easement - 1960 -Emergency Rip Rap Placement — 1990 -Riverbank Stability Problem Documented — 1997 Mississippi Riverbank Stabilization Project Issues -Design Adjustments -Landscaping and Aesthetics •Rip Rap Material -Stairway Access i Mississippi Riverbank Stabilization I Design Adjustments • Goal: 1. Protect the sanitary sewer pipe 2. Minimize the loss of property from erosion 3. Enhance the natural appearance • Design Modifications 1. Topsoil placement to minimize exposed rip rap 2. Extend topsoil down the slope 3. Shape topsoil limit for natural appearance 4. Elimination of rip rap bench Mississippi Riverbank Stabilization i Su nwW ., Nm a i ` _ a I Ow m Vic r o i w it " All t � a �l { p - oil / •x a� , ._. ........_ fY xw 1Q. , z T ion 9 T, 40, . w .° W AY r; � �'' ,� .� mar WIN �y p 'Ati Y4 : ..h 9ij As a ' .�� " '' t too MIRA " W a r «'� l :, , �` a� Oe fit � y fro � w—, v - TWO I per w�° �✓ ,x �. a �.. � �* ��,, �ir � `" W i, /- x r a , i ti< ° Mao �� r„ M e ;EEp fir•. x� . "'fi .,M' "4v ��x -,. #t f ° 1Y �..., M4�rx il .•.# w � ' =nom ;� 4411 Alt SO ,. r , „ F, 'fir _w • '� 1 a gar c r • - ° . , ;war "`�� ... , q 4 AA Alf Stut xw I Landscaping National Park Service — Mississippi National River and Recreation Area -Primary Contract: Army Corps of Engineers - Native seeding, turf establishment -Secondary Contract: NPS - Native sedges, wildflowers, and shrubs •NPS - Independent Funding Source •NPS - work directly with individual property owners Mississippi Riverbank Stabilization moo= Ln :00 Tq.-O of bank j�,rp, j 5 W110 Ct F a 4' No 0 i" , �, "TV? 1 .......... .......... ........ . .......... ...... . .............. .... .......... ....... . . . . . .............. ....... ............. .................... .... ... ......... .... .......... ...................... ........... ...... ... ..... ... .. ........... ....... ....... ........ ....... ......... .... ..... .................................... 0 ... ... - 1. - — � .......... .... .... ... ............................... .. ..... .. ..... .... ...................................... ........... ..... ............................. :e s:;: ......... ... ................... ............. ..... ........ . s r A -7. ,. ' ..... b ................ ........................... ..... .................. -::s :::Wl .. ..... ........ . ... "'t'd t .... d:::' e.. e:::a. :::s ru 5 ...... ....................................... ............. ........... ........... ...... t9isses SIO .............. .................. ...... .......... ............................ ................. ............. ..................... .......... ..... ............ .............. ............ ....... ................... . .......... ....... .... . . . . . . . .............. ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................................... ............ ................ ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . ...... W Ith vine _zn IIW� �-MM"WK %w . ,L V VV .1, Rip Rap Material -Limestone — tan color -Granite — darker blue /gray color -Estimated cost increase for granite: $20,000 to $30,000 -Recommendation: Limestone -Army Corps of Engineers can obtain alternate bids Mississippi Riverbank Stabilization Stairway Access DNR Rules - Stairways leading down to the river - Landings up to 25 sq. ft. - Temporary docks - Decks and other structures prohibited Mississippi Riverbank Stabilization Stair Replacement Option 1 — Owner installs stairs after project completion Option 2 — Owner can install footings prior to construction Option 3 — Stairs constructed as part of public improvements -Maintenance liability I -Safety liability •Ice damage -Flooding Mississippi Riverbank Stabilization a . Summary Design Element Staff Option (s) Recommendation Project Design Extend topsoil between Exposed Rip Rap Elev. 810.0 and 807.0 Landscaping National Park Service Do Nothing Plan Rip Rap Material Limestone Granite Stairway Access Option 2: Owner Public Improvement installed footings to construct stairs Mississippi Riverbank Stabilization Current Project \\BC- FS I \VOL I \DeiPts\GIS\1\4APS rbank.pdf Mississippi Riverbank Stabilization • MEMORANDUM DATE: May 6, 2003 TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Staff Report on Revisions to the Project Design and Scope for the Mississippi Riverbank Protection Project, Improvement Project No. 1999 -11 On February 24, 2003, the City Council reviewed the preliminary plans for improvements to stabilize approximately 750 feet of the Mississippi River bank located north of 66 Avenue North. This project was initiated to protect an existing 18 -inch diameter sanitary sewer pipe adjacent to the riverbank that conveys approximately 750,000 gallons per day of wastewater for the northeast portion of the City. The objective of the project is to stabilize the steep bank along this portion of the river and minimize the future migration of the riverbank toward the existing sanitary sewer. Protection of the sanitary sewer will also provide a collateral benefit to property owners by minimizing the loss of property due to bank failure and erosion action that has been observed in the project corridor. • The Army Corps of Engineers, Department of Natural Resources, National Park Service and City staff have continued to evaluate potential modifications to the project in response to concerns from adjacent property owners. This effort has focused on the following issues. 1. Design Adjustments 2. Landscaping and Aesthetics 3. Rip Rap Material 4. Stairway Access This memorandum is intended to summarize the proposed modifications to the project scope and design. Staff recommends approval of the proposed modifications described below. General concurrence from the City Council on these issues would assist in continuing direct negotiations for easement acquisition. 1. Design Adjustments The original project plans dated May 2002 from the Army Corps of Engineers included the placement of exposed rip rap material along the river bank to an elevation of 814.5. The top of the rip rap was proposed to be a wide flat surface (3 feet wide at elevation 814.5), then slope down the bank to a rip rap bench near the water surface. • The revised plans dated April 2003 provide additional modifications to the original design in order to minimize the exposed surface of the rip rap. The current design includes the placement of top soil and seeding over the rip rap along the upper portions of the bank. Based on • discussions with property owners and representatives from the National Park Service, the Army Corps of Engineers has agreed to extend top soil further down the slope to cover additional portions of the rip rap. The Army Corps of Engineers has also eliminated the rip rap bench near the bottom of the slope, as originally proposed, in order to minimize encroachment into the river and the amount of exposed rip rap. City Staff Recommendations for Project Design: 1. The current construction plans dated April 2003 should be modified to indicate additional top soil coverage over the rip rap. The lower extent of top soil coverage should expand down the bank below elevation 810.0. The lower limit of topsoil should be varied to avoid having a uniform soil /rip rap line along the project and promote a more natural appearance. This line will -vary between elevations 810.0 and 807.0. For reference purposes, the river water level elevation was measured at 804.2 on April 30, 2003 at the project site. 2. The existing trees along the project are to be preserved during construction to the extent practical. The Army Corps of Engineers will discuss the importance of preserving existing trees with the selected contractor prior to initiating construction. 2. Landscaping and Aesthetics • The National Parks Service has proposed several modifications to the aesthetic components of the project. The National Park Service has offered to contribute to landscape improvements as part of the Mississippi National River and Recreation Area program. Fortin Consulting was retained by the National Park Service to assist in developing a landscape planting plan and identification of appropriate native plant species to improve the natural appearance of the project. The following design elements were included in a landscape concept plan that was presented to property owners at a neighborhood meeting held on April 30, 2003. • Establishment of native grasses and sedges along the top soil placed over the rip rap • Planting of vines along the lower edge of the top soil cover to allow plant material to cascade over the lower portions of the rip rap • Planting of native grasses, sedges, wildflowers and shrubs along the crest of the bank above the rip rap • Planting of native vegetation along the western portion of the disturbed area at the preference of individual property owners The National Park Service has indicated that they have funding available for the proposed • landscaping work. Representatives from Fortin Consulting will continue to work with each property owner to determine their specific interest in the proposed landscaping elements and customize a landscape plan based on these discussions. • Staff Recommendations for Landscaping: 1. Initial seeding of the topsoil placed over the rip rap will be completed under the primary contract administered by the Army Corps of Engineers. The initial seeding shall include a native seed mixture. Additional seeding will be completed on the remaining portions of the disturbed areas using a basic cover crop developed in consultation with representatives from the National Park Service or placement of sod near existing homes at the request of property owners. 2. Additional landscaping items will be completed by the National Parks Service in consultation with property owners and City staff. This work will be executed under a secondary contract separate from the primary contract by the Army Corps of Engineers. Work to be included in the secondary contract will include placement of specialty native seed mixtures, and planting of native sedges, wildflowers, and shrubs. The National Park Service will administer the secondary contract. 3. The individual property owners will retain the power to approve specific plantings plans under the secondary contract for their properties. 4. The City of Brooklyn Center will provide technical assistance to the National Park Service for potential grant applications and administration of the secondary contract. • 3. Rip Rap Material Both Limestone and granite rip rap material are potentially available for use on this project. Granite material provides a somewhat darker blue /gray appearance. Limestone provides a lighter tan appearance. The Corps of Engineers has indicated that both materials will provide an equal level of protection for the river bank. Limestone rip rap material is readily available in this area and most commonly used on projects completed by the Army Corps of Engineers. The use of granite rip rap in place of limestone would result in a higher project cost. The granite material would need to be shipped to the project site from locations outside of the metro area. The initial estimate for the cost increase of granite material ranges from $20,000 to $30,000 for approximately 5000 tons of material currently designed into the project. The Army Corps of Engineers has indicated that the City would be responsible for 100 percent of the increase in project costs due to the use of granite in place of limestone. Staff recommends that limestone rip rap be used for the project. At the request of the City Council, the Army Corps of Engineers can include granite rip rap as an alternate bid item during negotiations with potential contractors. This would allow the City Council to make the final • decision on rip rap material based on contract unit prices. • 4. Stairway Access Four properties along the project corridor currently have anchored stairways leading down the river bank. One additional stairway made of lumber is removable and not anchored to the ground. Recent discussions with property owners have focused on the issue of replacement of the anchored stairways for the four properties as listed below. • 6632 West River Road — Wood stairway and deck. Upper end of stairway on timber footing, lower end of stairway on concrete column footings, outer portion of deck on concrete slabs. • 6640 West River Road — Wood stairway and deck on small concrete footings. Deck is starting to shift away from the riverbank and separate from stairs. • 6654 West River Road — Wood stairway mounted on timber post supports. 6712 West River Road — Metal fabricated stairway over ground surface. The Department of Natural Resources has determined that shoreline rules allow for the construction of stairways leading down the riverbank and landings up to approximately 25 square feet. The construction of decks and other permanent structures along the riverbank are not allowed by the Department of Natural Resources. • Three options were considered by City staff and the Army Corps of Engineers to address the issue of existing stairways that will be removed with the project. These options are listed below. Option 1 — As part of the compensation negotiations for easements, property owners would be compensated for the removal of existing stairways located outside of the existing utility easement. Owners would be allowed to reconstruct their own stairs after completion of the river bank stabilization project. Stairs could be construction on concrete spread footings placed in the rip rap material. A reasonable amount of rip rap stones could be moved by hand -work to allow installation of spread footings. The owner would be required to re -set the rip rap stones after footing construction is complete to protect the integrity of the bank. The City would perform an inspection of the rip rap replacement work at no cost to the land owner. Option 2 - Property owners would be compensated for the removal of existing stairways located outside of the existing utility easement. Property owners would be allowed to install concrete column footings (for stairs) prior to placement of rip rap material for the project. The anticipated date for rip rap placement is September 8, 2003. This allows four months to complete this work. The Army Corps of Engineers and City staff can provide elevation data to the property owners to assist in determining finished surface elevations of the rip rap. The Corps of Engineers would develop some basic criteria for the location and number of column footings so as not to significantly limit the ability to place the rip rap material. Placement of spread footings would • also be allowed as outlined in Option 1 above. Option 3 — This option woul • p p d involve the design and construction of stair replacement as part of the project improvements. City staff and the Army Corps of Engineers have identified significant concerns with constructing stairs along the steep slopes as a public improvement project. These concerns include: • Potential injuries from users falling down the steps • Users potentially falling into the river and the speed of the river current at this location • Structural damage due to annual spring ice flows in the river • Perpetual stairway maintenance liability requiring vehicle and equipment access through the back yards of these properties. The design of stairs as a public improvement project would need to be in conformance with applicable building codes, professional standards, safety requirements as well as federal design requirements due to the cost sharing agreement with the Army Corps of Engineers. Although two of the four existing stairways appear to be in fairly sound condition, stairway replacement as a public improvement project would require a substantially higher design standard and construction cost than the existing stairway designs. This would be considered a betterment or improvement over the existing stairways. In order to be equitable to other properties without existing stairways along the project corridor, the cost of the betterment or improvement should to be the responsibility of the property owner. • City staff recommends that Option 2 as described above be adopted as the method for addressing the replacement of existing stairs along the project corridor. • � f et 2R _ / D // w pENOVE AND ACCESS A � DSTURB _ _ FENCE fOR ACCESS N10 GO NOT I � \ ROCItFLI PLKEMENT �3.31 � 3 E` =TN n DD NOT STAGING DISTUiNB AREA LILAC BUSHES - - - - -.�` DO NOT EU JM a \ xu /W Y no / DISNRB POWER ME X Go NOT DISTme 85 LANE' G o y . ` \ ~ 6aBI LIMITS NORTH DO q ~yam~ +N ^" �.L,`FlJ u �/'� TOPSOIL �+� "•�� AND 95E �- ���•"llIJJJ —� WORK LIMITS / \ LLINEE (�' YN a MASONMr 1 Fl o o i^ -�. oo MOT otsTOFa ^•1 DO GIST Nat-- �eB -GR 144. • ¢¢ u REMOVE AND REPCAC6- .��_�-._ �_------ --�GIST. 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REMOVE S STORM SEWER STAIR NO DECK 'SEE NOTE 61 M'ER _ '- .. - `_ �' ^ ✓ ✓'i ✓� t3 61 SV001 PLOY _ WARP TO W WD EY.ISTIN6 REMOVE 0IOUNO STAIRS AND DECK T DO NOT 6V r SIXRB TOPSOL AND SEED W Z 2 O BENCHMARK ELEVATION I PIPE INV. E4. I DESCRIPTION NOTES: w �° PLAN VIEW SAN MN 5 822..6 812.00 SANITARY MANHOLE COVER LOCATED OR SOUTH END OF WILLOW ORIYE 30 0 30 60 1. VERTICAL DATUM IS BASED ON CITY OF BROOKLYN CENTERS z _ 1 1 BENCH WRKS. U SAN MI 6 822.47 012.26 SANITARY MANHOLE COVER LOCATED ' ' SCALE IN FEET FEET FROM EDGE OF BANK. 2. SANITARY MANHOLES 5.6.7.8.9. ANO 10 SHALL BE USED AS i _ BENCHMARKS IN THE FIELD. A BASELINE CONNECTING THESE SAN MN T 821.11 812.50 SANITRY MANHOLE COVER LOCATED SIX MANHOLES SHALL BE USED TO DEFINE LIMITS OF 3 FEET FROM EDGE OF BANK. PROJECT FEATURES. O '. SAN MN . 620.OT 812.05 SANITARY MANHOLE COVER. 3. FOR LOCATION OF WORK LIMITS REFER TO DRAWING NO. M- N6-11/039. SAN MN 9 825.58 016.01 SANITARY MANHOLE COVER LOCATED A S�A11171tYALINEHIIN T 7 FROM TH E SHALLOW. O/ TOP OF SANK. S. RACE SOD ON TURFED AREAS THAT RE DISTURBED. SR MN 10 071.M2 177.77 ON NORTH END OF COVER LOCATED 6. FIELD VERIFY CAP SIZE. CUT END AND EXTEND TO ROCK SECTIONS. P ON NOMTN FND OF WILLOW DRIVE. 7. FOR CLARITY - ALL TREES AND SHRUBS ARE NOT SHOWN. 1 I o I 1 s O p m � m z H P o UP c 9' o m� N D00•tOL 0 I N 1 �1 E f` 1 / DE OF THE ARMY DEg� oxen: ..—: are: I N_ ° .P EPP /NMB YN ;Cj ER SECTI INxEs_ Cx.— I APR 4003 C RP OF EN TRICT 2 BMF /OwR CA00 FILAYE: TON IBTRICT DRAWx 0g1_NXNCNA1390 OL. NO: ES REDUI EATEN S O SVD nEO' oACw37•o3- R -o00o - iiilll_-- 111111 AE APPxOVIN6 OFFICIAL: I Ye Y CXECRED: SYmOaI� O�YallDllon DAtn A— 1 I r• PNF I . I I I ,- ,.• 1 ° 1 ° 1 u 1• C 1 � 1 v 1 .• 1 a30 - /�EXl5TN0 GROUND LNE /'� / //,� \� - a30 sl Fn� � f �L J ` NOTES: e2O - - -ego I. WATER SURFACE SNOM AS ON DATE OF 1SEPT 20011 StOMY. Y SEE REFERENCE ORAWIN" FOR HYDROLOGIC MORAIATION. — - - - - - 2. TOPSOIL WILL 6E EXTENDED DOWN TO EL•807.0 _ AT _,_ LOCATIONS. T DID -810 0 - --- - -- F 1.75 > �+ _ W APPROX. LOCATIO w W 800 - OF SEWER LM _ -___ WATER LEVEL g goo BEOONO - -------- ---- ---------- -- o 's 42 ROCWLL TWO _ NNeAl11 THCIOIESS - 790 ° I 780 . • . - 700 -30 -20 -10 0 10 20 3o 40 50 \ SO 70 so 90 1 D SECTION 01 BANK PROTECTION sV001 / / - am- GRGLw HE - e30 - - - e MAN i / \ TRN19i aNPSOI WOO° FIBER M—ET MULCH TOPSOL. NA SEED AM MIST EL !12.58 0 • EL 615.1. CIR4f TOP OF ROCNFKL efo 3 Z - E2. 844.5 _ o _efo Ji; vs < = o0 3 — l+ W ° 3a w 600 _ WATER LEVEL� - Soo W - sm W s= .. a.. elao aEE NOTE a ; .. -- -- - 190 2 A a8 g. 15'ROCIOILL °We-03 u °H-03 780 - .�YR.00161� MNNIMI THCIOIESS 1.75 3 1 2 g = 780 . TWO emoNO - -30 -20 -10 0 10 20 30 40 90 TA 70 80 90 too SECTION _ O BANK PROTECTION evaot RIRPAP /TOPSOIL _ °0 - `` �EMSTNO GROUND LANE - 830 TRANSITION O ° OO RPNPnoP9ol A TRANSRIN+ U ago - � � _ _•__ -_- _ - em I ' I I I , z aw- u z "III o APPROX. LOCATIdI Y of SEWER Lm LIS w 1100- / WATER LEVELe1_.7_ eao w Z � o 0 U W - BEOOWIO Z y Z N 790- 790 42• ROCKFLL MMAtM tNICIQIES3 r"ir�_JI Teo . . . i . • . , 780 -30 -20 -10 0 10 2O 30 w SO W TO e0 90 too SECTION 0-1 Aw /o O MW BANK PROTECTION SVOOI 1 R 1 City Council Agenda Item No. 9g • Goals are not in any order of priority. Goal 1: Promote the Inclusion of All Residents in Brooklyn Center's Community Life By: ➢ emphasizing opportunities to include all residents in the community's activities and plans. Status: City Watch includes regular articles highlighting City's diverse heritage and national and state observances. Participated in Cross Cultural Dialogue. Participating in COOP NW hiring initiative. Developing web site links. CARS programming includes multi - cultural themes and opportunities Part of League of Minnesota Cities Building Inclusive Communities. Goal 2: Support Brookdale Redevelopment By: ➢ use of tax- increment financing ➢ monitoring developer performance and project completion. Status: Developer leasing of space continues to in-fill the redevelopment. • City considering developer request to extend date for market value minimum, while not extending period during which increment would be available. City vacated a portion of Xerxes right -of -way to facilitate additional pad development and frontage road alignment. Goal 3: Continue and Improve Code Enforcement and Compliance Activities By: ➢ coordinated efforts of the police and community development departments ➢ increased effort and focus on high - density areas, while continuing neighborhood enforcement ➢ continuing to evaluate additional approaches to achieving improved compliance o increased enforcement of noise ordinances; barking dogs and other noise generating nuisances. Status: Joint meeting with Housing Commission has produced proposed rental housing licensing regulations to improve accountability. City Council adopted new policy on housing bonds and tax credits to enhance continued compliance with goals of issuing bonds or approving tax credits. Code Enforcement Sweep under way. • • Goal 4: Increase Fighting Crime Proactively By: ➢ continuing high visibility of police in neighborhoods and apartment complexes Neighborhood Watch Programs ➢ including public safety information in all City newsletters. Status: Information is included in each City Watch Newsletter. Police Department reorganization: - creation of districts - additional neighborhood liaison officer - review of data on systematic basis - additional neighborhood meetings to go beyond neighborhood night out. Goal 5: Actively Support Northeast Corner of 69"' Avenue and Brooklyn Boulevard Redevelopment By: ➢ completing project and monitoring developer performance. Status: Development is mostly in place and continued in-fill of spaces. Goal 6: Continue and Implement Long -Term Financial Planning Within the Constraints Imposed by State Legislature By: ➢ continued five -year planning for utilities and capital • improvements ➢ reviewing and developing contingency planning ➢ continuing to evaluate the City's financial priorities. Status: This goal is primarily addressed in latter part of year as part of budget finalization. Goal 7: Support and Promote Major Road and Street Improvement Projects By: ➢ completing Brooklyn Boulevard project north of 65 ➢ advocate for Hennepin County's completion of Brooklyn Boulevard south of 65`" ➢ completing Brooklyn Boulevard project with the County in the year 2002 and streetscaping in 2003 ➢ Highway 100: continuing to support and participate in the North Metro Mayor's Highway 100 Council; keeping project schedule with Mn/DOT ➢ supporting and participating in the Interstate 694 widening project, with improved sound walls, in a manner advantageous to the City of Brooklyn Center. Status: Projects are underway. • • Goal 8: Support Phase III of Joslyn Site Development By: ➢ working with the developer to complete Phase III. Status: Community Development continues to work with developer: developer is actively marketing Phase III and has several prospects. Goal 9: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: ➢ continuing enforcement efforts through multiple resources ➢ continuing and expanding information to the public on traffic safety and calming efforts ➢ enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use. Status: Police Department using targeted traffic enforcement details. Goal 10: Utilize Recommendations Developed in the Opportunity Site Process to Adopt a Vision and Plan for Brooklyn Center's Central Business District By: ➢ additional public input on directions and priorities for development and redevelopment of the Central Business District ➢ establishing specific development priorities for the next five -ten years • ➢ modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes. Status: Work has centered on transit hub. Budget issues have overshadowed this item. Working with Hmong America Shopping Center studies. Reviewing hotel proposals adjacent to Earle Brown Heritage Center. •