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2003 05-27 CCP Regular Session
i AGENDA CITY COUNCIL STUDY SESSION May 27, 2003 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Chief Bechthold report on terrorism alerts 3. Miscellaneous 4. Adjourn Association of Metropolitan Municipalities Pagel of 3 AMMNews May 26 - 30 2003 ARCHIVES Agreement Reached on LGA, Levy Limits After a long weekend of bargaining, the Governor and legislative leaders have arrived at a compromise tax bill, which contains cuts to local government aids and extends levy limits. Draft bill language and preliminary estimates of its impact on individual cities are now available. However, as of mid - afternoon on Tuesday, the bill had yet to be taken up on the floor of either the House or Senate. A summary of the main elements of the bill is provided below. Estimates of individual city aid amounts can be accessed online at www.amm145.orL. Levy Limits The agreement includes one year of levy limits (for taxes payable in 2004) for cities with populations over 2,500, but no reverse referendum. Cities would retain their existing special levy authorities - including those for debt. For 2004, a city's levy limit would equal their 2003 certified levy (not including special levies) plus sixty percent of their 2004 aid loss (LGA + MVHC). The 2004 aid loss is the difference between the aid a city was certified to receive in 2003 and the aid it will actually receive in 2004. There would be no growth factors for inflation, household growth or C/I growth. Cities that didn't levy to their limit in 2003 would lose that unused levy authority. 2003 City Aid The 2003 aid cut for cities is essentially the cut proposed by the Governor, which was included in both the House and Senate bills. The LGA appropriation for calendar year 2003 is reduced to $464 million, which is $122 million below current law. The 2003 aid cut for individual cities will be the lesser of a, b, or c: a. 9.3% of 2003 levy plus 2003 certified aids; b. 5.25% of total revenues for cities over 1,000 population and 3.7% of total revenues for cities under 1,000 population, (also 3.7% for cities over 1,000 population with a three -year average levy plus aid revenue base increase that is less than 2 percent per year;) c. All of the LGA and MVHC a city receives. Aid cuts will be taken first from LGA and then from market value homestead credit (MVHC) reimbursement, if necessary. 2004 City Aid The bill appropriates $437 million per year for LGA in calendar year 2004 and beyond. This is approximately $85 million more than the Governor ro osed. In 2004, the money will be P p Y distributed based on the new LGA formula and a combination of other factors that establish minimum and maximum aid cuts. For starters, no city will receive more state aid in calendar year 2004 than they did in calendar year 2003. If the new formula determines that a city should receive even less LGA than they did following the 2003 cuts, that city will be subject to an additional aid reduction in 2004 to bring them down to the new formula amount. However, that aid reduction will http://www.amm145.org/newsletter.htm p www.amm145.org /newsletter.htm 05/27/2003 Association of Metropolitan Municipalities Page 2 of 3 be limited to an amount equal to 13 percent of the city's levy plus aid base if the city's adjusted net tax capacity (ANTC) is less than $700 per capita or 14 percent of the city's levy plus aid base if the city's ANTC is greater than $700 per capita. The cuts to market value homestead credit (MVHC), which are contained in the 2003 aid cuts and continued in 2004, are temporary. Full reimbursement will return in calendar year 2005. New LGA Formula The compromise bill includes a new LGA formula based on the concept of "Need - Ability -to -Pay = Aid." This new formula will be used to distribute aid to cities with populations over 2,500. Cities with populations under 2,500 would continue to receive LGA based on the existing formula, however the coefficients assigned to the existing need factors will be adjusted. The new formula for large cities will include the six need factors recommended by the Governor and contained in the House bill - percent of pre -1940 housing, population decline over the past ten years, average household size, average number of car accidents on public roadways over the past three years, and location inside or outside the seven - county metropolitan area. A city's ability -to- pay will be determined by multiplying the city's net tax capacity by the average state -wide city tax rate (approximately 34 percent). Local sales tax revenues will not be counted, but revenues from taconite aids will be phased -in over a period of five years. Phase -In of New Formula The new LGA formula will be phased in over the course of several years. Beginning with aids payable in 2005, in any one year, a city with a population greater than 2,500 cannot experience an LGA increase or decrease that exceeds ten percent of its net levy in the preceding year. No city with population less than 2,500 can experience an LGA increase in any one year that exceeds ten percent of its net levy in the previous year or an LGA decrease in any one year that exceeds five percent of 2003 certified LGA amount. Two groups of cities would receive grandfathered LGA amounts under the new formula. Regional centers in Greater Minnesota would continue to receive an amount equal to the additional appropriation included as part of the 2001 tax reforms. Those cities that had received additional LGA for a specific project or purpose would also continue to receive those amounts for the period of time specified when they were originally enacted. AMM Annual Meeting - Thursday, May 29 Just a reminder! AMM's Annual Meeting will be held Thursday, May 29 in the St. Croix Room of the League of Minnesota Cities building. The meeting will begin with a social hour at 5:30 p.m., followed by a short business meeting and program featuring Tom Weaver, regional administrator for the Metropolitan Council. To RSVP, please call (651) 215 - 4000. AMM News is sent periodically to all AMM city mangers and administrators. The information is intended to be shared with mayors, council and staff in order to keep officials abreast of important metro city issues. http : / /www.amml45.org /newsletter.htm 05/27/2003 Association of Metropolitan Municipalities Page 3 of 3 L © Copyright 2003 AMM 145 University Avenue West St. Paul, MN 55103 -2044 Telephone: 651 - 215 -4000 Fax: 651 - 281 -1299 Email: amm()amm145.orq http: / /www.amml45.org /newsletter.htm 05/27/2003 • CITY COUNCIL MEETING Public Copy City of Brooklyn Center May 27, 2003 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation — 7 p.m. 3. Call to Order Regular Business Meeting -The City Council requests that attendees turn off cell phones and pagers during the meeting. 4. Roll Call • 5. Pledge of Allegiance 6. Council Report 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. May 12, 2003 - Study Session 2. May 12, 2003 - Regular Session b. Licenses C. Adoption of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Estates of Riverwood) • • CITY COUNCIL AGENDA -2- May 27, 2003 d. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2002- 19, Shingle Creek Trail Reconstruction e. Resolution Authorizing the City Manager to Execute a Contract for Electrical Inspection Services f. Resolution Amending 2003 Pay Plan and Creation of Position of Deputy Chief of Police 8. Appearance a. Lynne Thomas, North Hennepin Mediation Program Volunteer 9. Public Hearings a. 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 - Requested Council Action: -Open the public hearing. -Take public input. • -Close the public hearing. - Motion to adopt ordinance. b. 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 -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 10. Planning Commission Items a. Planning Commission Application No. 2003 -005 Submitted by KPM Properties, Inc. & O'Neill Construction. Request for Preliminary Plat approval to subdivide the lot at 5024 France Avenue North into two lots. The Planning Commission recommended approval of this application at its May 15, 2003 meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -005 subject to the conditions recommended by the Planning Commission. • • CITY COUNCIL AGENDA -3- May 27, 2003 b. Planning Commission Application No. 2003 -006 Submitted by RTM Restaurant Group. Request for Special Use Permit and Site and Building Plan approval to construct an 80 seat, 3,286 sq. ft. Arby's restaurant with a drive -up window at 5444 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its May 15, 2003 meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -006 subject to the conditions recommended by the Planning Commission. C. Planning Commission Application No. 2003 -007 Submitted by Mr. and Mrs. Tony Yang. Request for a Special Use Permit to operate an adult day care facility at 5650 Lilac Drive North. The Planning Commission recommended approval of this application at its May, 15, 2003 meeting. -Requested Council Action: - Motion to approve Planning Commission Application No. 2003 -007 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items • a. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Orlander Nelson -Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Appreciation to Representative Debra Hilstrom and Senator Linda Scheid for Their Efforts on Behalf of the City to Secure an Off - street Transit Hub Facility - Requested Council Action: - Motion to adopt resolution. C. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Fire Department in Support of Safety Camp -Requested Council Action: - Motion to adopt resolution. d. Resolution Declaring Earle Brown Days as a Civic Event from June 26 Through June 28, 2003 - Requested Council Action: - Motion to adopt resolution. • • CITY COUNCIL AGENDA 4- May 27, 2003 e. Resolution Directing the Termination of the Automated Clearing House (ACH) Services Program - Requested Council Action: - Motion to adopt resolution. f. Report on Preliminary Dispatch Feasibility Study with Suburban Communities -Requested Council Action: - Motion to authorize letter of intent to participate in preliminary feasibility study. 12. 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 MAY 12, 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 Myrna Kragness at 6:00 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, Director of Public Works /City Engineer Todd Blomstrom, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Mayor Kragness requested that a resolution be prepared expressing appreciation to the City's Legislative Representatives for all their work on the transit hub issue. It was the consensus of the Council to have a resolution prepared for the May 27, 2003, City Council Agenda. Councilmember Lasman questioned if the property owners were amenable to the project in Planning Commission Item 8a, Planning Commission Application No. 2003 -003 Submitted by ESM Limited, LLC. City Manager Michael McCauley informed that the property owners own the property and the work being done is on private property. Councilmember Carmody questioned the cost of the newsletter that was included with Council Consideration Agenda Item 9c, Proclamation Declaring May 18 -24, 2003, Public Works Week in Brooklyn Center. Mr. McCauley informed that the cost was planned out and that in the future this may not be included with this process. Director of Public Works /City Engineer Todd Blomstrom discussed that this process of Public Works Week had been limited to one school this year and will only be for one hour and a half. Councilmember Niesen expressed that she wanted to better understand how to address an item on an agenda. Mr. McCauley discussed that Council could ask questions during the Study Session and that if the Council wished to bring that same question up at the Regular Council Meeting, they could do so as well to provide that information as part of the regular meeting. • 05/12/03 -1- DRAFT i I Councilmember Niesen informed that she wants to know the costs involved regarding Economic • Development Authority Agenda Item 4a, Resolution Approving 2nd Amended and Restated Development Agreement and Assignment he Same. Mr. McCauley utlined the materials of S p g Y provided with that agenda item and Council discussed more details regarding the issue. Councilmember Niesen discussed that she had amendments she would like incorporated into the Study Session minutes of April 28, 2003. Those amendments would be to include her questioning the status of her memos and e-mail after the Council reopened the Study Session. She would like it written that she agreed with Councilmember Peppe that there should be no scripting of the minutes, and that she wanted her e -mail included with the minutes. Councilmember Carmody expressed that she will not approve minutes with short notice. She asked that Councilmember Niesen present changes to Mr. McCauley before the Study Session. Councilmember Niesen discussed that she does not always have the time to do so. Councilmember Carmody suggested that Councilmember Niesen then have the minutes removed from an agenda and placed on the following agenda. Councilmember Niesen expressed that her goal is to have the minutes reflect what happens at the meetings. REVIEW 5649 BROOKLYN BOULEVARD POLICE CALLS Mr. McCauley reported that the Police Department had been monitoring the property at 5649 Brooklyn Boulevard and that the City's Prosecuting Attorney is reviewing what else can be done. Police Chief Scott Bechthold had reported that this property was discussed at a neighborhood meeting and that the owners are not over the limit for animals. • Councilmember Peppe questioned what the owners do have for animals. Mr. McCauley informed that they have two dogs and one cat. Councilmember Niesen expressed that she believes that there should be an ordinance for dangerous animals. Mr. McCauley informed her that there is a clause in the City's ordinances about dangerous animals. REVIEW POTENTIAL WORK SESSION TOPICS FOR MAY 19 FOLLOWING JOINT WORK SESSION WITH FINANCIAL COMMISSION Mr. McCauley discussed that he had been working on the agenda for May 19, 2003, and questioned if the Council would like any other items than what had already been suggested. Councilmember Niesen informed that she has a list of items she would like to discuss, such as the Public Hearing process; however, she does not need them on the May 19, 2003, agenda. Mr. McCauley asked if the June 19, 2003, Work Session would be feasible for her items. Councilmember Niesen was okay with June 19, 2003, for her items. Councilmember Carmody informed that her two items regarding Commission Recognition and unpaved driveways would not require much discussion if the Council would consider leaving these two items on the May 19, 2003, Work Session Agenda. • D 05/12/03 -2 - RAF T • MISCELLANEOUS Councilmember Niesen inquired if a curb cut could be installed to allow people to enter or exit on the south side of City Hall. Mr. McCauley informed that this issue had been researched two to three years ago and that it was determined to be unsafe due to the distance between the traffic signals in the area amount of traffic and was not available for a turn lane She expressed that it would be nice to be able to drive straight in on the south side of City Hall. Mr. McCauley informed the Council that he could pull the report for review. ADJOURNMENT A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Study Session at 6:37 p.m. Motion passed unanimously. City Clerk Mayor • • 05/12/03 -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 MAY 12, 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 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, Director of Public Works /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Robert Batta, 5655 Brooklyn Boulevard, addressed the Council to discuss the recent dog attacks and what had been going on in his neighborhood. He informed that he is the President of the National • Little League and has little kids at his place quite often and is scared for them. Mayor Kragness asked if the dog had been seen running around the neighborhood. Mr. Batta responded that the dog was not always running around; however, the dog is used as a threat at times. Mark Robbins, 5649 Brooklyn Boulevard, addressed the Council to present a letter received from Susanne Eidson Painting. Mayor Kragness read the letter that identified that Susanne Eidson had been painting at 5649 Brooklyn Boulevard for two weeks and never felt threatened by the dogs during that time. Mr. Robbins informed that the dog was on a two -inch toe chain and had broken free. He expressed that everyone feels bad about the attacks. Shirley Timm, 5654 Northport Drive, addressed the Council to express her concerns with the dogs. Lis Griffith, 5700 Northport Drive, addressed the Council to discuss that the dog was in the front yard, not in a kennel, and that she believes it is wrong what they have taught their dogs. Karyn Huemoeller, 3101 Quarles Road, and business owner near 5649 Brooklyn Boulevard, addressed the Council to discuss that she does not believe these dogs are neighborhood nuisances, they are dangerous; and wished to inform that there was recently gunshots from this property. 05/12/03 4- - DRAFT • • Renee Bradley, 5701 Brooklyn Boulevard, addressed the Council to discuss that she runs a daycare out of her home and that she does not feel it is safe to have these dogs. Councilmember Niesen asked if there was something being requested from the Council. Ms. Timm expressed that the dogs should not be there. Councilmember Peppe expressed that this issue is a concern and that he does not believe they have heard the last of it. Mayor Kragness reminded the residents that the Police Department is monitoring the property and Councilmember Carmody informed that the City's Prosecuting Attorney is reviewing the issue. Councilmember Carmody suggested that staff report back to those who spoke this evening regarding the status of this issue. A resident in the audience asked how they would be safe in the meantime. Mr. Robbins informed that they will be putting up a fence and that the dogs would not be kept outside in the meantime. Mayor Kragness expressed thanks to all those attending the Informal Open Forum to discuss this issue. Councilmember Niesen reminded those present that they could call the City anytime. • Councilmember Peppe requested that the Council be notified of any occurrence that happens at 5649 Brooklyn Boulevard., Barbara Brown, 5145 Xerxes Avenue North, addressed the Council to inform that she believes there is a residence on her block (5223 Xerxes Avenue North) that has more than two pit bulls. Councilmember Peppe asked that the Council discuss and review the animal ordinance. Councilmember Niesen agreed that she would like to review the animal ordinance. John Russell, 5312 Lilac Drive North, addressed the Council to discuss that he is in favor of the City's gambling ordinance changes; however, he would like to see 80 or 85 percent of gambling proceeds being spent on lawful purposes within the City of Brooklyn Center. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Lasman to adjourn the Informal Open Forum at 6:57 p.m. Motion passed unanimously. 2. INVOCATION • Ed Nelson, former Council Member, offered the Invocation. 05/12/03 -2- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING • The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna Kragness at 7:05 p.m. 4. 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, Director of Public Works /City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported that she attended the Prayer Breakfast on May 3, 2003, the final two Neighborhood Watch Group meetings on May 6 and 8, 2003; and reminded that the Crime Prevention golf event will be held on May 16, 2003. If anyone is interested in the golfing event they • can contact the Police Department for more information. Councilmember Niesen reported that she had hoped to attend the Prayer Breakfast on May 3, 2003; however, she was attending the Land Use Basics Seminar and was not able to attend this year. She hopes to attend the Prayer Breakfast next year. 7. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the agenda and consent agenda with amendments made to the April 28, 2003, study session minutes; and the removal of Consent Agenda Items 7c, Resolution Declaring Elected Officials be Considered Employees for Worker's Compensation Insurance Purposes, and 7d, Resolution Authorizing Settlement Agreement and Release with Blumentals Architecture Inc., to Council Consideration Items 9h, and 9i. Motion passed unanimously. 7a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the minutes of April 28, 2003, study session with the following added: • 05/12/03 -3- DRAFT • Councilmember Niesen questioned the status of her memos and e -mail. She would like it written that she agreed with Councilmember Peppe that there should be no scripting of the minutes, and that she wanted her e -mail included with the minutes; and the April 28, 2003, regular session, and May 5, 2003, Board of Appeal and Equalization. Mayor Kragness abstained from the vote. Motion passed unanimously. 7b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve the following list of licenses. Motion passed unanimously. 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 h Avenue North Bob and Sally Robson 4700 Lakeview Avenue North Nancy Dahlquist Initial: 5200 Drew Avenue North Morris Matthews 5948 Fremont Avenue North Ryan Coller 5030 Lilac Drive North Adelaide Cassell 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 7c. RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE • PURPOSES 05/12/03 -4- DRAFT I This item was removed from the Consent Agenda and placed on Council Consideration as item 9h. • 7d. RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH BLUMENTALS ARCHITECTURE INC. This item was removed from the Consent Agenda and placed on Council Consideration as item 9i. 7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2003-76 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 7f. RESOLUTION REVOKING DESIGNATION OF MUNICIPAL STATE AID STREETS (50 AVENUE NORTH FROM FRANCE AVENUE NORTH TO CSAH 152 BROOKLYN BOULEVARD), AND FRANCE AVENUE NORTH O FROM LAKEBREEZE AVENUE NORTH TO 50 AVENUE NORTH AND RESOLUTION 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) RESOLUTION NO. 2003-77 Councilmember Lasman introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. • 05/12/03 -5- DRAFT • RESOLUTION NO. 2003-78 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION 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) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. 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. City Manager Michael McCauley discussed that the Planning Commission reviewed and • recommended approval of Planning Application No. 2003 -003 submitted by ESM Limited LLC for preliminary plat approval to combine two parcels of land at the southwest corner of 60"' Avenue North and Brooklyn Boulevard into a single lot. Mayor Kragness asked if a one -story building would be suitable for this lot. A representative from ESM Limited LLC addressed the Council to respond that it would be suitable and discussed the proposal. Councilmember Carmody questioned the five -foot wide drainage and utility easement along the south property line. Planning and Zoning Specialist Ron Warren informed that the five -foot easement for drainage and utility easement is recommended and would fit in that location. The Planning Commission recommended approval of Planning Commission Application No. 2003- 003 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. 3. The existing house and attached garage at 5960 Brooklyn Boulevard shall be removed from the premises. • 05/12/03 -6- 6 DRAFT 4. Approval of the preliminary plat acknowledges this .8376 -acre site as being a e buildable lot for C -1 uses and waives the one -acre requirement for development. i 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. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning Commission Application No. 2003 -003 subject to the above mentioned conditions recommended by the Planning Commission. Motion passed unanimously. 8b. 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. Mr. Warren outlined the materials regarding Planning Commission Application No. 2003 -004 submitted by ATS and R (on behalf of Osseo School District No. 279) requesting 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. Mr. Warren pointed out that the Park and Recreation Commission reviewed this matter and had recommended approval with respect to the park facilities at its April 15, 2003, meeting. The Planning Commission recommended approval of Planning Commission Application No. 2003- 004 subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. • 05/12/03 -7- DRAFT i • 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. 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. 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. Mayor Kragness asked if the trees around the playground area would be saved; and questioned the parking since that school is used for Elections. Mr. Warren responded that the trees for the most part would be saved or moved; and discussed the parking facility would create 20 more parking spaces. She expressed concern with the handicapped parking. Mr. Warren informed that there is handicapped parking now and that the parking for handicapped would be accommodating. 05/12/03 -8- DRAFT Mayor Kragness expressed that she likes the plan. • Councilmember Carmody asked about the location for the buses going in and out. Mr. Warren discussed there is only a slight change with the proposal and that there would not be a significant change as to the process currently being used. Councilmember Lasman questioned if the budget would be the responsibility of the school district. Mr. Warren informed that it was his understanding that it is the school district's responsibility for the budget. Councilmember Niesen expressed that she believes this is a great plan and great improvement to the neighborhood. Councilmember Carmody questioned if the bulk of work would be done in the summer of 2004. A representative contracting for the school district addressed the Council to discuss that the project would be constructed this summer and that they will bid the site work next spring with a completion date before the 2004 school year starts. Councilmember Lasman discussed that she believes people will be delighted with this project and with great pleasure would make a motion to move this application. A motion by Councilmember Lasman, seconded by Councilmember Niesen to approve Planning Commission Application No. 2003 -004 subject to the above mentioned conditions recommended by • the Planning Commission. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE ROTARY CLUB OF BROOKLYN CENTER TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATORS FOR THE CITY OF BROOKLYN CENTER Frank Slawson with the Rotary Club of Brooklyn Center addressed the Council on behalf of the Rotary Club to accept the resolution expressing appreciation for the gift of $8,000 to be used for purchasing three automated external defibrillators for the City of Brooklyn Center. Mayor Kragness read the resolution. RESOLUTION NO. 2003 -79 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE ROTARY CLUB OF BROOKLYN CENTER TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATORS FOR THE CITY OF BROOKLYN CENTER • 05/12/03 -9- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF STEPHEN MCCOMB Mayor Kragness read the resolution expressing recognition and appreciation for the 30 years of dedicated public service of Stephen McComb. RESOLUTION NO. 2003 -80 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF STEPHEN MCCOMB The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9e. PROCLAMATION DECLARING MAY 18-24,2003, PUBLIC WORKS WEEK IN BROOKLYN CENTER • Mayor Kragness read the Proclamation Declaring May 18-24,2003, Public Works Week in Brooklyn Center. A motion by Councilmember Carmody, seconded by Councilmember Lasman to adopt Proclamation Declaring May 18 -24, 2003, Public Works Week in Brooklyn Center. Motion passed unanimously. 9d. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF ARBOR DAY AND JUNIOR GOLF ACTIVITIES Mayor Kragness read the resolution expressing appreciation to the Brooklyn Center Lions Club for the gifts of $300 to support the City's annual Arbor Day activities and $200 to support the Earle Brown Days Junior Golf Tournament. RESOLUTION NO. 2003 -81 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF ARBOR DAY AND JUNIOR GOLF ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Carmody. Motion passed unanimously. 05/12/03 -10- DRAFT 9e. RESOLUTION DECLARING RADIO REPEATER AS SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF SAID PROPERTY Mayor Kragness asked if there were any questions regarding this resolution. No questions were asked. RESOLUTION NO. 2003 -82 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING RADIO REPEATER AS SURPLUS PROPERTY AND AUTHORIZING TRANSFER OF SAID PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9f. STAFF REPORT ON REVISIONS TO THE PROJECT DESIGN AND SCOPE FOR THE MISSISSIPPI RIVERBANK PROTECTION PROJECT, IMPROVEMENT PROJECT NO. 1999 -11 Mr. McCauley discussed that there had been some public meetings regarding this project and that this item is on the agenda for the Council to consider the options available. He asked that the Director of Public Works /City Engineer Todd Blomstrom outline the progress to date. Mr. • Blomstrom presented a PowerPoint presentation that included background information, the project issues, design adjustments, landscaping and aesthetics, rip rap materials, and the stairway access and replacement. He provided a summary sheet with staff recommendations and options before opening the discussion for comments from the Council or the audience. Steve Jordan, 6640 West River Road, addressed the Council with some samples of granite and limestone. He informed the Council that he would prefer granite to limestone and stairway option two. He questioned who came up with the numbers for the limestone and granite. Councilmember Carmody thought it had been Mr. Mose from the Army Corps of Engineers. Mr. Jordan discussed that he had conversations with a friend about hauling granite and limestone and received some quotes for these two types of materials. For 5,000 ton of limestone from a place in Shakopee, it would be $31.76 per ton delivered. A place in St. Cloud quoted him $9.25 per ton if he had someone to deliver the granite. Mr. Jordan said his friend would deliver the granite for $10.41 per ton. Mayor Kragness asked Mr. Jordan if had received these quotes in writing. Mr. Jordan responded that he did not have written quotes; however, had names and phone numbers. Councilmember Niesen discussed that she thought it was a good idea for that information to be received and that she would be supportive of granite. Mayor Kragness asked Mr. Jordan to provide his information to Mr. Blomstrom. 05/12/03 -11- DRAFT • • Mr. Blomstrom discussed that the granite lifespan is longer and that he is not sure of the final costs for the materials. The bids would be negotiated and the final costs would be determined when the bids are received. Mayor Kragness questioned who would be taking care of the bidding process. Mr. Blomstrom informed that the Army Corps of Engineers would be taking care of the bids. Councilmember Peppe stated that he believes bids should be considered for both materials. Councilmember Niesen asked if the Council is being asked to make a motion. Mr. McCauley discussed that the Council was to discuss and provide direction as to what options to consider. Councilmember Niesen asked that the staff work with Mr. Jordan's number. Mr. McCauley informed that staff could pass this information to the Army Corps of Engineers and allow them to follow up on the numbers provided this evening. Mayor Kragness expressed that she believes that the granite is a nicer material and that option two would be good for the project. Mr. Blomstrom discussed that the 90 -day process for eminent domain had started and that the next step would be to have the Army Corps of Engineers seek bids for the project. Steven Cooper, 6632 West River Road, addressed the Council to thank them for being so helpful with this project and to urge them to consider granite even if it is more expensive. He believes that the granite would be well worth the extra cost. • Bill Newman, 6712 West River Road addressed the Council to affirm that six of the ro e P P rtY owners involved with this project would prefer granite and to express that he would prefer that the City not install the footings itself. 9g. REPORT ON 2003 CITY COUNCIL GOALS Mr. McCauley discussed that three to four times a year he provides an update on the City Council goals. He presented a PowerPoint presentation of the 2003 City Council goals that are as follows: 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 ethnic and national heritage observances. Participated in Cross Cultural Dialogue. Participating in COOP NW hiring initiative. Developing web site links. Part of League of Minnesota Cities Building Inclusive Communities. • 05/12/03 - -12 DRAFT i Councilmember Carmody asked about the League of Minnesota Cities Building Inclusive • Communities. Mr. McCauley informed that the report is in the process of being distributed. 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 ofXerxes 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 ➢ 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 newpolicy on housing bonds and tax credits to enhance continued compliance with goals of issuing bonds or approving tax credits. Code Enforcement Sweep under way. Councilmember Carmody expressed that she believes the discussion of the rental license issue was a productive goal. 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. • 05/12/03 -13- DRAFT • 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. Councilmember Carmody asked about the completion of Brooklyn Boulevard project since she thought it was finished. Mr. McCauley informed that there are some enhancements yet to be done. Goal 8: Support Phase III of Joslyn Site Development By: • ➢ working with the developer to complete Phase III. 05/12/03 -14- DRAFT 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. Councilmember Carmody sked how the ants are a p p lied when received. Mr. McCauley iscussed Y �' pp Y that the grants are used for overtime when needed for patrol officers. 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. I 9h. RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES Councilmember Niesen had requested this item to be removed from the Consent Agenda. She wanted to know the purpose of this item and what the outcome would be for Elected Officials. Mr. McCauley discussed that the State Law requires that Elected Officials be considered employees and q that this resolution would provide workers' compensation insurance coverage for the Mayor and Council Members. RESOLUTION NO. 2003 -83 Councilmember Carmody introduced the following resolution and moved its adoption: • 05/12/03 -15- DRAFT • RESOLUTION DECLARING ELECTED OFFICIALS BE CONSIDERED EMPLOYEES FOR WORKERS' COMPENSATION INSURANCE PURPOSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9i. RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH BLUMENTALS ARCHITECTURE INC. Councilmember Niesen had requested this item to be removed from the Consent Agenda. She wanted this item discussed since it was an issue that was brought up when she was door knocking. Mr. McCauley discussed that Blumentals Architecture Inc. had designed the Civic Center remodeling and addition project with specifications that were inadequate leading to mold in the locker room at the Community Center. In reviewing the situation it was determined that the redesign materials of concrete block instead of aluminum studs and wallboard would be more suitable for this area. The settlement agreement and release 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 upgrade materials in the remade walls. Thus, the City did not pay twice for the wall but paid essentially for the upgrade that occurred when the walls were demolished and rebuilt. Blumentals Architecture Inc. is paying the City $95,004.20 pursuant to this agreement. In return for that payment, the City is releasing Blumentals Architecture Inc. from any liability with respect to the original design work on the locker room walls. • RESOLUTION NO. 2003-84 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND RELEASE WITH BLUMENTALS ARCHITECTURE INC. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Niesen. Motion passed unanimously. 10. ADJOURNMENT There was a motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the City Council meeting at 8:26 p.m. Motion passed unanimously. • City Clerk Mayor 05/12/03 -16- DRAFT I • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: May 21, 2003 JAIL 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 27, 2003. MECHANICAL Commercial Plumbing & Htg. 24428 Greenway Ave., Forest Lake J B Mechanical Htg. & Air P. O. Box 18, Hugo White Bear Mechanical Inc. 2379 Leibel Street, White Bear Lake MOTOR VEHICLE DEALERSHIP Brooklyn Motors, LLC 6700 Brooklyn Boulevard • RENTAL See attached sheets SIGN HANGER Elements, Inc. 10044 Flanders Court NE, Blaine Scenic Sign Corporation 828 South 5`" Street, Sauk Rapids. Topline 11775 Justin Circle, Maple Grove 0 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • RENTAL Renewal: 5415 1h Ave N (Maranatha Place) Center Park Senior Apts, Inc. 33 police calls for service in last 16 months - zero nuisance related calls 6018 Admiral Lane Lutheran Social Service Zero calls for service in last 12 months 7018 & 21 Brklyn Blvd (Willow Lane Apts) Willow Lane Realty (Esta Miller) Search was done for both properties as Willow Lane Apts. The police were called 66 times in the last 12 months of those totals 14 calls for nuisance related calls. 2741 Freeway Blvd (Mgr's Apt) Motel 6 (See attached) 1519 Humboldt Place N Kwi Ha Wong (Suburban Properties) One call in last 12 months - 11 /28/02 for unwanted intoxicated person sent 1525 Humboldt Place N Kwi Ha Wong (Suburban Properties) One call for service in last 12 months - 4/30/03 - Roommate dispute, property being thrown out of home. • 1531 Humboldt Place N Kwi Ha Wong (Suburban Properties) Zero calls for service in last 12 months 6854 West River Road David Wagtskjold Zero Calls for service Initial: 5000 A, B, C, D France Ave N Dean Gannon Zero calls for service at all four addresses in last 12 months 6777 Humboldt Ave N Andrey Ryvlin *Only one call for service on 4/9/003 - car parked in front of house - Officer notes reads "House posted unfit for human occupancy." May need to check with building inspections on this one. 5712 Logan Ave N Dwayne Meier 6 calls of nuisance in last 12 months: 5/13/03 two pit bulls running at large - Citation issued 3/18/03 Junk vehicles no compliance - Citation issued 2/26/03 Dog running loose - Warning issued 2/20/03 Dogs running loose - Warning issued 11/22/02 Fight call - one arrested for obstruct police • I ' • Motel 200 police related calls and activities were reported in the last 12 months. This includes police initiated traffic stops of suspicious vehicles (suspicious acts). At the Motel 6 a large portion of these 200 calls are derived from the on -site security removing or preventing problem guests from staying at the motel. Following is a breakdown of call types: Aid and assist 15 Alarms 3 Assaults 2 Disturbance calls 26 Domestics 6 Drugs 46 DUI 1 Fire related calls 2 Recovered stolen car 2 Lockout 1 Auto theft 1 Obstruct Justice 1 Assist other Jurisd. 20 Welfare checks 2 • Medicals 8 Suicide - Attempt 1 Suspicious Acts 48 Theft 1 Traffic stops 1 Misc other calls 12 Total 200 from May 2002 thru May 2003 • • City Council Agenda Item No. 7c Office of the City Clerk City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerkjwo�- DATE: May 21, 2003 SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Estates of Riverwood) The City Council held a Public Hearing on May 14, 2001, regarding An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land ( Riverwood Estates). No one appeared to speak at the Public Hearing. The City Council tabled adoption of the ordinance until the final plat had been filed with Hennepin County and the legal description established. The final plat was approved by the City Council on July 9, 2001. The legal description for the final plat was established and the final plat was filed with Hennepin County. There was a change to the legal description from " Riverwood Estates Addition " to "Estates of River - m;ood Addition ", since the former legal description had previously been established. Due to an oversight, the ordinance was not placed • back on the City Council agenda for adoption following the filing of the final plat. The City Attorney recommends that the Council adopt the ordinance amendment with the correction to the legal description. Attachments X6301 Shingle Creek Parkway Recreation and Communit y Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cit.yofbrooklyncenter.org • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of May, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (ESTATES OF RIVERWOOD) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby • established as being within the (C1) Service /Office District zoning classifications: Lots 1 and Bleek 1, E and 14 Pr-epei4ies Add4i n Lot 1,Bleek 2, arF's I'h7st Addition Th paA of L o t 1 A or's sub division Ne.10 lying west • of a lin runnin from a point i the -t li o f �f T L + 16 di s t an t 284 53 f + 1 t south v;es h e e f4 n t the n ,-+1, li Vl L of L + 1 6 ,1' + + 232 f + F onn the n a ' h ,• s t o +loo f 7 e • o pt st fee i {.11 high Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established within a (PUD) Planned Unit Development zoning classification. 5. The following properties are desis_ nated as PUD /R3 (Planned Unit Develo Family Residence): Lots 1 through 13, Block 1, Estates of Riverwood Addition Lots 1 through 8, Block 2. Estates of Riverwood Addition • I • ORDINANCE NO. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • • I City Council Agenda Item No. 7d • MEMORANDUM DATE: May 21, 2003 TO: Michael J. McCauley, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2002 -19, for the Shingle Creek Trail Reconstruction project Bids for the Shingle Creek Trail Reconstruction project were received and opened on May 15, 2003. The bidding results are tabulated as follows: Bidder Bid Amount as Submitted ACI Asphalt Contractors, Inc. $ 50,861.75 Midwest Asphalt Corp. $ 66,438.75 DMJ Corporation $ 69,097.50 Sunram Construction, Inc. $ 74,226.95 Bituminous Roadways, Inc. $ 112,325.00 Of the five (5) bids received, the lowest bid of $50,861.75 was submitted by ACI Asphalt Contractors, Inc. of Maple Grove, Minnesota. The feasibility estimate for the project was $47,085.00. The low bid is approximately $3,777 above the feasibility estimate and approximately $15,577 below the next lowest bidder. The purpose of the project is to reconstruct approximately 800 feet of existing trail between Freeway Boulevard and Shingle Creek Parkway. The proposed improvements provide for the raising and resurfacing of this segment of the trail where the pavement is in disrepair and excessive settling has occurred. Much of the trail in this area was unusable last summer due to the deteriorated condition. The project has qualified for the National Recreational Trails Grant Program administered through the Minnesota Department of Natural Resources. The grant is a cost - sharing program that will provide funds for approximately 50 percent of the construction costs for this project. It should be noted that the bids received cover a wide range of prices. A portion of the trail to be reconstructed was under water during the bidding period due to the excessive settling of the trail and higher water levels in Shingle Creek. It is recommended that the City Council approve the attached resolution accepting the low bid • and awarding the Shingle Creek Trail Reconstruction contract to ACI Asphalt Contractors, Inc. in the amount of $50,861.75. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2002 -19, SHINGLE CREEK TRAIL RECONSTRUCTION WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2002 -19, bids were received, opened, and tabulated by the City Clerk and Engineer on the 15 day of May, 2003. Said bids were as follows: Bidder Bid Amount ACI Asphalt Contractors, Inc. $ 50,861.75 Midwest Asphalt Corp. $ 66,438.75 DMJ Corporation $ 69,097.50 Sunram Construction, Inc. $ 74,226.95 Bituminous Roadways, Inc. $ 112,325.00 • WHEREAS, it appears that ACI Asphalt Contractors, Inc. is the lowest responsible bidder; and WHEREAS, the proposed trail reconstruction work is necessary to maintain the trail system along Shingle Creek in operational condition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with ACI Asphalt Contractors, Inc. of Maple Grove, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2002- 19 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated project costs and revenues are as follows: • I I RESOLUTION NO. COSTS Feasibility Estimate As Amended Per Low Bid Contract $ 47,085.00 $ 50,861.75 Contingency (10 %) $ 4,708.50 $ 5,086.18 Subtotal Construction Cost $51,793.50 $ 55,947.93 Admin/Legal /Engr. $ 5,500.00 $ 5,500.00 Grant Application / Admin. $ 1,200.00 $ 1,200.00 Total Estimated Project Cost $ 58,493.50 $ 62,647.93 • REVENUES DNR Grant Funds $ 26,746.76 $ 28,823.97 Capital Projects Fund $ 31,746.74 $ 33,823.96 Total Estimated Revenue $ 58,493.50 $ 62,647.93 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. 7e Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ELECTRICAL INSPECTION SERVICES WHEREAS, the City of Brooklyn Center requires the services of an electrical inspector to administer the provisions of Chapter 3, Section 103 of its ordinances; and WHEREAS, Pete Tokle, a qualified State of Minnesota electrical inspector, has offered his services; and WHEREAS, it is financially advantageous to the City of Brooklyn Center to contract for electrical services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to execute a Contract for Services with Pete Tokle Inspection Services. • 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 p and adopted. ado YP p • MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: May 22, 2003 SUBJECT: Electrical Inspections The resolution before the City Council would authorize you to execute a contract for services with Pete Tokle for electrical inspections. Currently, the State of Minnesota provides that service in Brooklyn Center. As a result, Brooklyn Center receives no revenues from electric permits issued for Brooklyn Center. Prior to the State providing electrical inspections within the City, Brooklyn Center contracted for electrical inspections. When the former Brooklyn Center • inspector retired, we were unable to find a replacement and therefore transferred the responsibilities to the State. With Pete Tokle Inspections, we have a licensed and insured electrical inspector. There are probably two (2) advantages to contracting out the service as opposed to using the State. First, the availability of the inspector would provide a valuable resource to the inspections division. At a time when we are being asked to provide greater scrutiny to the apartment complexes and other buildings, the electrical inspector, who is a master electrician, gives us added expertise as needed. Second, as noted Brooklyn Center receives no revenues for the inspection work done in the City. Under our agreement, the City would receive 20% of the fees. An average year such fees would generate an additional $7,000 to $8,000. The contractor is required to carry insurance of $500,000 each negligent and $1,000,000 aggregate. The contractor is required to indemnify the City, it officials and employees. The contractor is also required to provide all tools, equipment, office space and transportation at his • own expense. The contractor is not an employee of the City. City Council Agenda Item No. 7f I City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Lasman, Niesen, and Peppe FROM: Michael J. McCauley DATE: May 22 2003 A419 SUBJECT: Deputy Chief of Police Position With the retirement of Captain McComb, we are proceeding to implement the full reorganization plan that has previously been presented to the City Council and approved. This resolution would establish the position of Deputy Chief of Police and its salary range. This final portion of the reorganization plan is consistent with the overall cost savings achieved by the reorganization. • 0 301 Shingle Creek Parkway Recreation and n 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 adoption: Member introduced the following resolution and moved its • RESOLUTION NO. RESOLUTION AMENDING 2003 PAY PLAN AND CREATION OF POSITION OF DEPUTY CHIEF OF POLICE WHEREAS, a reorganization of the Police Department has been proposed to increase efforts at crime prevention and community outreach; and WHEREAS, such reorganization would create the position of deputy police chief; and WHEREAS, the current 2003 pay plan does not have a classification for this position. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize an amendment to the 2003 Pay Plan creating a pay classification for the position of deputy police chief ranging from a minimum $77,000 /annually to a maximum of $85,000 /annually and authorizing the City Manager to implement the creation of the position of deputy police chief with an anticipated hiring salary of $77,000 to $79,000. i • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • I • City Council Agenda Item No. 8 n cur°ent a d our loca commu av age Making a difference through volunteer service 2002 Accomplishments Asthe public and private investments in innovative ■ Over 4,000 volunteer hours organizations like North Hennepin Mediation Program Helping children and their families by Helping the Courts by providing on -site 0 Managed a record 1,576 mediations Inc. (NHMP) - designed to channel the passion, providing a means for parents of separate households to mediators who empower disputants to • Served 7,166 individuals through mediation, exp ertise, and g enerosit y of commun volunteers. communicate and make parenting decisions in a negotiate creative agreements that are p g child- focused and civil manner. viewed as fair, understandable, and outreach, referral, education • Access (visitation) schedules realistic. NHMP provides on -site (and pre- ■ Launched innovative pre -filing housing court Last year alone, NHMP volunteers contributed over .Holidays /vacations court) mediators for Hennepin County mediation services 4,000 hours! In dollars and cents, volunteer donations o Academics & Extracurriculars District Court in: the Launched Harassment Court mediation services of time and service enable NHMP to multiply • Developmental changes 20th • Conciliation Court ■ Implemented on -site school services impact of each dollar of funding o Repairing relationships • Housing Court • Grandparents �11II1VerSQrj► • Harassment Court - Expanded mediator roster by 13 volunteers th Unresolved conflict is expensive - emotionally and • New spouses /siblings Nor Hennepin In addition, NHMP - ■ Three new Board members financially. It creates stress, harms relationships, and • New jobs, schedules, homes Mediation accepts referrals from: ■ Provided over 70 hours of continuing education increasingly leads to violence. In addition unresolved • Expenses Program ■ Family Court opportunities conflict strains the resources of our courts, police NHMP also provides parenting time ■ Juvenile Court expediting services to families of all 0 Trained 29 middle school peer mediators departments, schools, neighborhoods, and even our income levels. • families. Implemented a technology infrastructure grant ' Collaborated through Minnesota Association of "In the mediation, one of our roles is to serve as agents 314 Community Mediation Programs (MACMP) N Fay of hope", describes Sandra Moberg Walls, Program Manager and Volunteer Coordinator. By providing services through trained volunteers, NHMP is able to ; - .1.983 2101113 Celebrating Volunteer Service invest more time - at an earlier stage - with an 2002 Mediator Roster effective method. Mediation empowers participants to work things our respectfully and effectively, providing Julie Allen Abby Badzin Lee Bearmon much - needed resolution while reducing the burden on Helping schools create ' / Diane Bolter Earl Borer Dick Brandt He businesses and consumers Venoreen our public institutions. P 9 communities in which students can Browne- Boatswain Joni Brown Sandra Burk negotiate agreements in a confidential (no thrive in an environment that values Carol Carmichael Phil Carruthers Karen Chesebrou h public record), inexpensive (no filing or service re and non - violent behavior x g We invite you to join us in celebrating the dedication, P accomp lishments, fees), convenient, and efficient manner. in a r orld. Bob Clyde Deb Comeau Kristine Dooley p idl y chan in g g p ' and g enerosity of NHMP s ■ Landlords and tenants Peter Enck Randall Fowler Sonya Fowler u v olunte er s sta ff and fenders. We also i nvite you to Builders /remodelers and homeowners support this important work as NHMP faces ■ Merchants and customers Ibb Gilmore Roger Gilmore Gary Goldetsky Charice Goude Carol Habstritt Sandy Hanf unprecedented fiscal challenges. ■ Employers and employees Rick Hendrickson Paul Hile Jean Hosterman Joan Molenaar Beth Bailey -Allen Carroll Howland Ben Hyman Gretchen Jensen NHMP Board President Executive Director Amy Kodet Jim Krautkremer Gordon Kruse Bob Kuebelbeck Dean LaFrenz Mike Leiter Cheryl Levy - Shilkrot Roger Lindquist Ken Lukes 2002 Board Of Directors ' Bonnie Marten Jan Mauer Lisa McNaughton Ron Muelners Bonnie Newell Betsy Sandell Joan Molenaar, President �, Champlin L Thomas Tim S pringer Steve Stern L lin P°�`2ffo 13% Sandra Moberg Walls Arnie Weigel Shirley White P Helping nel9hbO1'S work out issues zo°ro in a civil and respectful manner. Stacy Wright Dale Korpi, Treasurer Jan Frankman • Barking dogs $ Maple Grove Minnetonka • Noise corer • Property issues in nol NHMP's Staff' Carol Habstritt, Secretary Leonard Lindquist • Racial /cultural differences mo Employer Brooklyn Park Brooklyn Center • Interaction with children and teens 10/0 Executive Director Beth Bailey -Allen • Association & shared property School- Neighbor Program and Court Manager Sandra Moberg Walls Andrea Childs Judith Mason issues iuvervle 2WIo Orono Plymouth 17% Community Liaison Janet Mauer Ty of non -court mediations in 2002 Prog As s is tant r G e i U yp Prog a ss stant Cha lce o d James Collins Sean Rahn I Special Thanks to Henningson & Snoxell Ltd. for support in printing this annual report. I Technical Assistant Jason Fink Golden Valley Brooklyn Center I Investing in respectful and civil communities A tribute to Judith L. Mason 198 Last November, NHMP lost a Fund Balances, Beginning of Year $70,660.75 dedicated and longtime volunteer Celebratin 2003 Fundraising Challenge a nd friend, Judith L. Mason. Judy g 2002 Budget — Income served NHMP in a variety of ways, Fa _ 20 Years of NHMP has gratefully received a $20,000 challenge including Board Member & Foundation $27,300.00 President, mediator, trainer, and Makin a Difference • MAP Technology Grant funded by ADCT grant from The McKnight Foundation. adviser. Most importantly, she 9 and The St. Paul Companies provided an example for us all by Through P Throughout 2003 individual and business • Hennepin County Bar Foundation contributions will be matched by volunteer time and "walking the walk" - treating others ■ West Community Partnership The McKnight Foundation! with respect and civility in her daily Vol unteer Service Verizon Foundation life. We are grateful for her support • Nat'l Assn for Community Mediation Effective July 1, 2003 NHMP will lose 2 of 3 State and her friendship. • funding sources. More than ever, NHMP needs NHMP wishes to acknowledge the State of Minnesota $51,566.09 support from individual contributors in order to contributions given in memory of • continue meeting the increased need for and use of MN Center for Crime Victims Judy Mason. In honor of Judy's Ludy Mason receiving North ■ mediation services. these contributions supp NHMP's "Mediator of the MN Dept. of Corrections p assion pp Year" Award in 2002 . ■ MN Supreme Court NHMP's post- divorce and post- Hennepin Please consider investing in your community with a relationship mediation services to �/( contribution to NHMP. Checks (payable to NHMP) low- income families. Mediation Fees for Services $62,898.00 can be mailed to: • Hennepin County District Court Janice Allen, Gail and Robert and Gail Alverson, Marna and Program ■ Municipalities North Hennepin Mediation Program Inc. Mark Anderson, Nancy Anderson, Beth Bailey- Allen, Lee and ■ Builders Association of the Twin Cities 3300 County Road 10, Suite 212 Barbara Bearmon, Mike and Cori Becker, Thomas and Inc. ■ Post - dissolution fees Brooklyn Center MN 55429 Cornelia Begley, Phil Carruthers, Georgiann Christiansen, Please indicate if the gift is in honor or memory of Lorraine Clugg, Bob Clyde, Gerry and Fran Davis, Marcia Miscellaneous (Interest, training) $1,440.05 Jones Everson, David and Evelyn Frasch, Laurie Fursman, someone. Roger and Ibby Gilmore, Georgia Greve, Jenny Gross, Carol Individuals and Businesses $5,547.00 and Richard Habstritt, Lee and Lynda Hammer, Dick Houck, • Individual Contributions* Charlotte Jensen, Yvonne Johnson, Dorothea Kerr, Leonard ■ Judith L. Mason Memorial and Bernie Lindquist, Ken and Bonnie Lukes, Jan Mauer, Chandra and Chad Millner, MLT Inc. (Human Resources TOTAL $148,751.14 NHMP 20th Anniversary Department), Ellen Mlynek, Joan Molenaar, Chauncey and Beverly Myers, Kristin Neises, Bette Nelson, Cindy Quehl, Carol 2002 Budget - Expenses Celebration Ro Stephen and Lynn Sayles, Kim and James Schuweiler and Kim Zapf - Schuweiler, Mary Thibar, Wagner & Almen,P.A., Program Services $110,917.93 Jane and John Wardell, TM Administration $31,690.84 The NHMP Board of Directors invites you to join Development $15,845.42 them in celebrating 20 Years of Excellence and TOTAL $158,454.19 Fall 2003 9 Don Mason, on behalf of countless friends and family. H families, courts, schools, Fund Balances, End of the Year $60,957.70 neighborhoods, workplaces, and Please watch for details communities by promoting civil and *NHMP wishes to thank the following individuals and businesses for their financial support! effective conflict management. (If we have made an error, please accept our apologies and call NHMP 763 -561 -0033 with any corrections or clarifications) Jerry and Sue Low ofAllegra Print & Imaging, Carol Carmichiel, Phil Carruthers, Jeff Carson of Carson, Clelland & Schreder, Attorneys at Law, Phil Cohen, Dale Greenwald of Cass Screw Machine Products, Darrell Jensen, Scott Lepak 3300 Bass Lake Road Suite 212 and Michael Hurley of Barna, Guzy, & Steffen, Robert Huber of Leonard Street and Deinard Foundation, Janet Mauer, _ Brooklyn Center, MN 55429 Lisa McNaughton and Stephen Cooper, Jeannette Meyer, John M. Miller, Charles and Penny Morse of Lindquist & x 763 561 -0033 Vennum in honor of Leonard Lindquist's 90 birthday, Dr. Duane Om of Northport Medical Center, Diane Sannes, l Joseph Strauss of Strauss Management Company, Wells Fargo - New Hope. www .mediationprogram .com North Hennepin Mediation Program Service Area Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Deephaven, Golden Valley, Hanover, Judy Mason (far left) at 2002 Volunteer Annual Appreciation Dinner. Rep ort Hassan Township, Hopkins, Maple Grove, Medina, Minneapolis (North), Minnetonka, New Hope, Orono, Osseo, Plymouth, Robbinsdale, Rogers, Shorewood, St. Louis Park, Wayzata North Hennepin Mediation Program Inc. Referral Information Date: N H M P Case # Referring Agency: Agency Case # Contact Person: Phone # Fax # Are the parties aware of the referral to mediation? YES NO _ Have they agreed to mediate? YES _ NO _ Description of dispute: Disputant Information Name Name Address Address Phone: (work) Phone: (work) (home) (home) Name Name Address Address Phone: (work) Phone: (work) (home) (home) Please use the back of form for any additional parties and /or information. MAIL TO: North Hennepin Mediation Program Inc., 3300 County Road 10 Suite 212, Brooklyn Center, MN 55429 (763) 561 -0033 FAX TO: (763) 561 -0266 This brochure is intended to be a guide only. It is not intended as legal advice. Contact an attorney for legal advice. Being Harassed? Having a problem with a neighbor, friend, co- workers, acquaintance? Consider The information in this brochure is not legal advice. If you do not understand this material, you may wish to consult an attorney. MEDIATION Hennepin County provides equal access to before filing for a employment, programs, and services without regard to race, color, creed, religion, age, sex, handicap, Restraining Order marital status, affectional preference, public assistance, criminal record, or national origin. As required by Statute 504 of the Rehabilitation Act of 1973, Hennepin County provides a procedure to resolve complaints of discrimination on the basis of Hennepin County District handicap. If you believe you have been Court discriminated against, contact the Affirmative Action programs Department, Government Center, Minneapolis, Minnesota 55487 348 -4096 TDD Number: 348 -4096 www.co.hennepin.mn.us December 2002 — Hennepin County, MN I Hennepin County District Court Benefits of Mediation PROGRAMS encourages the use of mediation to settle non life - threatening disputes. Equal say in the solution For more information or to initiate a mediation or facilitation, call one of the • Low or no cost numbers listed below or another mediation What is Harassment? provider of your choice. Harassment is defined by MN Statute • Quick Minneapolis Mediation Program 609.748s 1 as "a single incident of physical . Convenient hours /no missed work or or sexual assault or repeated incidents of school Serves Minneapolis, St Anthony, Richfield, intrusive or unwanted acts, words or Bloomington, Burnsville, Edina and Eden gestures that have a substantial adverse . Convenient locations Prairie effect or are intended to have a substantial adverse effect on the safety, security or • Less stress Phone Number: 612 - 822 -9883 privacy of another, regardless of the relationship between the actor and the Hours: Monday — Friday intended target." • Informal 9:00 AM to 5:00 PM Explanation of Mediation • Mediated agreement accepted by Court In mediation you will meet with the other North Hennepin Mediation Program party and a mediator. The purpose of the Examples of Disputes Where Mediation meeting is to try to reach an agreement May be Beneficial Serves North and Western Hennepin County between you and the other party to settle your dispute. The mediator is not a judge • Disputes between neighbors Phone Number: 763 -561 -0033 and will not decide on the solution, but will • Disputes between co- workers /former co- Fax: 763 -561 -0266 help the parties reach an agreement. workers • Disputes between friends /former friends Hours: Monday — Friday Other Service Available Through • Disputes between students 8:30 am to 4:30 PM Mediation - Facilitation Sometimes a party has a need to access or exchange personal property without coming Mediation is not an option in Another mediation provider of vour into contact with each other. The,exchange disputes involving domestic, choice is voluntary and is facilitated over the phone by the staff at the mediation programs. chemical or alcohol abuse. Mediation staff do not escort parties. City Council Agenda Item No. 9a • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of May at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance 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. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the deputy city clerk at 769 -569 -3308 to make arrangements. ORDINANCE NO. 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 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 2 of the City Ordinances of the City of Brooklyn Center is hereby repealed in its entirety. • Section 2. Chapter 2 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new sections: CHAPTER 2 — ABANDONED AND UNCLAIMED PROPERTY Section 2 -101. DEFINITIONS. a. "Abandoned Property" means prop_ ertv that. after appropriate notification to the pronertv owner, the owner fails to redeem. or pronertv to which the owner relinquishes possession without reclaiming the property. b. "Unclaimed Property" means property lawfully into the possession of the Citv and remaininiz unclaimed by the owner. Section 2 -102. DISPOSITION OF ABANDONED AND UNCLAIMED PROPERTY. a. Procedure. Except for vehicles impounded pursuant to 6 2 -103, et sea. of this Chanter, all abandoned and unclaimed prop_ ertv will be disposed of as provided in this section, which is adopted pursuant to M.S. 6 as it may be amended from time to time. is • ORDINANCE NO. b. Storage. The department of the city acquiring_ possession of the abandoned or unclaimed DroDertv will arrange for its storage. If citv facilities are unavailable or inadequate. the department may arrange for storage at a privately -owned facilitv. C. Claim by Owner. The owner may claim the abandoned or unclaimed propertv by exhibiting satisfactory proof of ownership and paving the citv any storage or maintenance costs incurred by it. A receipt for the abandoned or unclaimed DroDertv must be obtained upon release to the owner. d. Sale. After the abandoned or unclaimed property has been in the possession of the Citv for at least 60 days. the DroDertv may be sold to the highest bidder at a public auction or sale or by a private sale through a nonprofit organization that has a significant mission of community service. The Citv Manager or the City Manager's designee may decide whether the sale will be public or private. If the sale is to be by public auction. the Citv give ten days' published notice describing the abandoned or unclaimed DroDertv found or recovered and to be sold, and Mecifving' the time and place of the sale. The notice must be Dublished at least once in a legal newspaper in the citv. • e. Proceeds. The Droceeds of the sale will be placed in the general fund of the Citv. If the former owner makes aDDlication and furnishes satisfactory proof of ownership_ within six months of the sale, the former owner will be Daid the proceeds of the sale of the abandoned or unclaimed DroDertv less the costs of storage and the proportionate Dart of the cost of published notice and other costs of the sale. Section 2 -103. ABANDONED VEHICLES. a. Incomoration of State Statute. M.S. Chapter 168B, and Minn. Rules Chapter 7035, as thev may be amended from time to time, are herebv adopted by reference. Except as Drovided in Section 2 -105 of this Chapter, the disposition of abandoned vehicles shall be governed by M.S. Chapter 168B. b. Additional Findings. The City finds that._ in circumstances involving certain health and safetv concerns. it is necessary to aDDly more stringent regulations than those contained in M.S. Chapter 168B. Accordingly, the Citv adopts the following additional regulations in Sections 2 -104 and 2 -105. Section 2 -104. VIOLATION TO ABANDON MOTOR VEHICLE. A Derson who abandons, parks, keeDS. Dlaces or stores any Junk vehicle or inoD_ erable vehicle on anv Public, or on anv private propertv without the consent of the Derson in control of the DroDertv is guilty of a misdemeanor. • ORDINANCE NO. Section 2 -105. AUTHORITY TO IMPOUND VEHICLES. a. Inoperable or junk vehicles on public property. No person shall nark, keen, place, store or abandon any junk vehicle or inoperable vehicle on a public street, alley, or public nropertv within the city. The Citv Manager or Manager's designee or any peace officer employed or whose services are contracted for by the city mav take into custodv and impound any inoperable or junk vehicle. b. Unauthorized vehicles. The City Manager, Manager's designee, or any peace officer emploved or whose services are contracted for by the city, may take into custodv and impound anv unauthorized vehicle under M.S. &169.041 as it mav be amended from time to time. A vehicle mav also be impounded after it has been left unattended in one of the following_ public locations for the indicated period of time: 1. On a highwav and nronerly tagged by a peace officer, four hours: 2. Located so as to constitute an accident or traffic hazard to the traveling public, as determined by a peace officer, immediately; or • 3. That is a parking facility or other public property owned or controlled by a unit of government, properly hosted, four hours. C. Illegally parked vehicles. The City Manager. Manager's designee, or anv peace officer emploved or whose services are contracted for by the city, mav take into custodv and impound any vehicle that is illegallv narked, the owner of which has been ordered to remove it. d. Vehicles impeding road or utilitv activities. The Citv Manager. Manager's designee, or any peace officer emploved or whose services are contracted for by the city, mav take into custodv and impound anv vehicle that is impeding, obstructing, or interfering with the repair, construction, or maintenance activities of public utilities or public transportation. Except in an emergencv situation, reasonable notice must be given to the vehicle owner or user of such activities. e. Vehicles obstructing traffic or emergencv_ response. The City Manager, Manager's designee, or anv peace officer emploved or whose services are contracted for by the city, mav into custodv and impound anv vehicle, whether occupied or not. that is: (1) found stopped, standing, or parked in violation of an ordinance or state statute: (2) reported stolen: or (3) impeding firefighting or other emergencv activities. snow removal or plowing, or the orderlv flow of traffic. • • ORDINANCE NO. f. Notice and hearing. 1. The notice and hearing requirements in this paragraph do not apply to vehicles described in Section 2- 105(a) — (e). 2. Before impounding a iunk vehicle or inoperable vehicle, the Manager or authorized designee must give 10 days' written notice through service by mail, by posting a notice on the propertv, or by personal delivery to the owner of or person in control of the prop_ ertv on which the vehicle is located. When the property is occupied. service upon the occupant is deemed service upon the owner. Where the propertv is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the propertv. The notice must state: a) A description of the vehicle; b) That the vehicle must be moved or prop_ erly stored within 10 dav_ s of service of the notice; c) That if the vehicle is not removed or properly stored as ordered, the vehicle will be towed and impounded at an identified location; d) That the vehicle may be reclaimed in accordance with the procedures contained in M.S. U6813.07 or disposed of in accordance with M.S. &16813.08; and e) That the owner of the vehicle or the owner of or person in control of the propertv on which the vehicle is located may in writing request a hearing before the Citv Manager or authorized designee. 3. Hearing. action. If a hearing is reauested during the 10 -dav period, the Citv Manager or authorized designee must promptly schedule the hearing, and no further action on the towing and impoundment of the vehicle may be taken until the City Manager's decision is rendered. At the conclusion of the scheduled hearing, the Citv Manager or authorized designee may (1) cancel the notice to remove the vehicle. (2) modifv the notice, or (3) affirm the notice to remove. If the notice is modified or affirmed, the vehicle must be disposed of in accordance with the citv's written order. g. Impounding procedures. The impounded vehicle will be surrendered to the owner by the towing contractor only upon payment of the required impound, towing_ and storage fees. Vehicle impounding will be conducted in accordance with M.S. Chapter 168B, governing the sale of abandoned motor vehicles. ORDINANCE NO. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of .2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 9b Office of the City Clerk O X City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk JW4044� DATE: May 22, 2003 SUBJECT: 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 At its April 28, 2003, meeting, the City Council approved first reading f An Ordinance Amending PP g g Sections 11 -717 and 23 -1902 of the Brooklyn Center Code of Ordinances, Relating to the Conduct of Charitable Gambling in the City and set second reading and public hearing for May 27, 2003. At its May 12, 2003, Informal Open Forum, John Russell of the Brooklyn Center Lions spoke regarding the ordinance and requested an additional amendment be added to allow pull -tab dispensing devices, which are allowed and regulated by State Statute. • The City Attorney has reviewed the ordinance amendment and provided the additional necessary language to amend the ordinance to allow for pull -tab dispensing devices. The public hearing can be held with these minor modifications without re- publication. The changes to the proposed ordinance are as follows: (Note — brackets indicate matter to be removed; underline indicates new matter.) Section 11 -717, Subd. 2(e) [e.]d. Pull -tabs, vaddletickets, and tivboard tickets [shall only be sold from a booth used solely by the charitable organization, and ull -tabs shall neither be sold b e of the licensee P ] y nor sold from the bar service area. Section 11 -717, Subd. 2(f) [The construction and maintenance of the booth used by the charitable organization shall be the sole responsibility of the charitable organization.] Section 11 -717, Subd. 2(g) Relettered to "e ". Attachments * 6301 Shingle Creek Parkway y Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 27th day of May, 2003, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapters 11 and 23 relating to the conduct of charitable gambling. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. 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 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 11 -717 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 11 -717. GAMBLING REGULATIONS. • 1. Only licensed charitable nonprofit organizations that have been in existence in Brooklyn Center for at least three ears and who contribute the majority of pull-tab Y [ � ty p b proceeds for lawful purposes within the City of Brooklyn Center] may be allowed to sell pull -tabs, baddletickets. or tipboard tickets on the premises. 2. Use of the licensed premises shall be by means of a written lease agreement between the licensee and the charitable organization. The lease shall be for a term of at least one year; a copy shall be filed with the [police department] City Manaizer's designee. and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed by the following: a. The amount of rent charged may not exceed the amount authorized by law. b. Rental payments may not be based on a percentage of profits from gambling. C. The charitable organization may not reimburse the licensee for any license fees or other gambling related expenses incurred by the licensee. [d. The only form of gambling that shall be permitted on the licensed premises shall be pull -tabs approved by the state.] • ORDINANCE NO. • [e.]d. Pull -tabs, paddletickets, and tipboard tickets [shall only be sold from a booth used solely by the charitable organization, and pull -tabs] shall neither be sold by employees of the licensee nor sold from the bar service area. [f. The construction and maintenance of the booth used by the charitable organization shall be the sole responsibility of the charitable organization.] [g.]e_ The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization is found guilty of any violation of state or local gambling statutes, ordinances, or rules and regulations. 3. Only one charitable organization shall be permitted to sell pull -tabs, paddletickets, or tibboard tickets, on the licensed premises. 4. The licensee may not be reimbursed by the charitable organization for any license or permit fees, and the only compensation [which] that the licensee may obtain from the charitable organization is the rent fixed in the lease agreement. 5. The licensee must commit to a minimum of twenty -five (25) hours of sales of pull -tabs, paddletickets, or tipboard tickets, for the charitable organization per week. • 6. The licensee shall be responsible for the charitable organization's conduct of p g selling pull -tabs, paddletickets, and tipboard tickets. The city council may suspend for a period up to sixty (60) days or revoke the licensee's permission to allow gambling on the premises for any violation of state or local gambling laws or regulations that occur on the premises by anyone, including the licensee or the charitable organization. Any violation may also be considered by the city council as grounds for suspension or revocation of the on -sale liquor license. Section 2. Chapter 23 -1902 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 23 -1902. [PULL -TABS] SALE OF PULL -TABS, PADDLETICKETS, AND TIPBOARD TICKETS IN ON -SALE PREMISES. The sale of pull -tabs, paddletickets, and tipboard tickets in on -sale licensed premises shall be conducted by qualified and state licensed charitable organizations. In addition to satisfying the qualifications set forth in Minnesota Statutes, Chapter 349, the following regulations and qualifications must be complied with by all such charitable organizations: [1. The sale of pull -tabs shall be the only authorized form of gambling in on -sale licensed premises.] [ The organization must have been in existence in Brooklyn Center for at least • three years. ORDINANCE NO. [3.]2. [The organization must contribute a significant amount of its proceeds from lawful gambling to lawful purposes within the City of Brooklyn Center. For purposes of this ordinance, the word "significant" is defined as over ninety percent (90 %) when averaged over a three year period.] The organization must expend 85% of its expenditures for lawful purposes on lawful purposes conducted or located within the Cities of Brooklvn Center, Brooklvn Park. Minneapolis, Crystal, Robbinsdale, and Fridlev. [4.]3. The organization must file a list containing the names and addresses of all current members with the [police department] City Manager's desianee on an annual basis. [5.]4. The organization must file [pull -tab] charitable eamblina financial reports monthly with the [police department] City Manager's desianee. [6.]5. The organization must exhibit and sell pull -tabs, paddletickets, and tip_ board tickets in a method as required by the City. [7.]6. Workers or managers may not divulge the number of or the dollar amount of the winners at any time. [8.]7. Workers or managers shall not co- mingle game cards. [9.] 8. The organization shall comply with all the provisions of Minnesota Statutes, Chapter 349. [10.]9. The organization shall register with the State Gambling Board all equipment and supplies used in a licensed on -sale establishment. [ 11. The charitable organization shall not use a pull -tab which does not return to the players a minimum percentage of 75% nor a maximum percentage of 80% which percentage shall include free plays awarded.] [12.]10. The charitable organization will be responsible for the booth and other equipment used in the operation of pull -tabs. [13. No organization may have a pull -tab sale operation in more than one premises in the City; except that an organization may be authorized to conduct one more than the number of gambling operations it is lawfully conducting on the effective date of this ordinance.] [14.]l 1. The organization must pay the City of Brooklyn Center an investigation fee of $250 per year. • ORDINANCE NO. Section 3. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of .2003. Mayor ATTEST: City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) • • • 470 Pillsbury Center K6nnedyll 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone Gn 'vib (612) 337 -9310 fax httD://www.kennedv-Lraven.com CHARTERED CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com April 24, 2003 Sharon Knutson, City Clerk City of Brooklyn Center • 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: Gambling Ordinance Amendment Dear Sharon: The proposed gambling ordinance amendment that I forwarded to you amends sections of the City Code dealing with gambling in licensed liquor establishments and with charitable gambling. The changes accomplish four objectives: First, the prohibition against operating in more than one location is eliminated. Second, the payout limitation of 80% is eliminated. Third, other forms of gambling permitted by state law (paddle wheels and tipboards) are authorized. The current ordinance authorizes only the sale of pull -tabs. Fourth, the current ordinance provides that 90% of gambling proceeds must be spent on lawful purposes within the City of Brooklyn Center. State law no longer authorizes such a restriction. State law does, however, 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 CLL- 230748v] BR291 -4 Sharon Knutson Page 2 of 2 • licensing city. Therefore, I have provided in the ordinance amendment that a certain percentage (which I have left blank) of lawful proceeds must be spent within the City of Brooklyn Center and the cities that are contiguous to Brooklyn Center. The percentage could be filled in with a number as high as 100 %. However, in the past I have heard from organizations that are national or international, in character, such as the Lions that feel that some allowance should be given for some percentage of gambling proceeds to be spent on lawful purposes of those organizations outside of the City. Very truly yours, Charles L. LeFevere CLL: sez • CLL- 230748v1 BR291 -4 City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and Peppe From: Michael J. McCauley City Manager Date: April 10, 2003 Re: Charitable Gambling Ordinance The Fire Relief Association has inquired in the attached letter regarding possible changes to the City's charitable (lawful) gambling ordinance. They have specifically inquired about: 1) operating in more than one location 2) 90% payout (current ordinance is 80 %) 3) operation of paddlewheels. Enclosed is a memorandum from the City Attorney responding to the legal questions raised by the Relief Association. Also enclosed is a memorandum from the City Clerk providing some historical background on the current ordinance and a survey of other • cities. As indicated in the survey, most of the surveyed cities allow paddlewheels and many do not limit the number of locations. The item is on the study session agenda for Council discussion. 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 VYN Brooklyn Center Fire Department Relief Association 6250 Brooklyn Boulevard Brooklyn Center, MN 55430 Telephone: 763 -566 -5863 March 19, 2003 Brooklyn Center City Council and City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Manager and Council Members: I am writing this letter with the anticipation of the City Council changing a few of the • charitable gambling ordinances. I would like to bring to your attention three items located in Section 23 -1902 in the city ordinances: 1. Section 23 -1902 #13. This states that an organization may only operate in one premise within the city. I would like to see this changed so that the Fire Department Relief Association could operate in two locations. This would greatly increase our lawful purpose donations, of which 90% goes to citizens and organizations within the city. 2. Section 23 -1902 #11. I am inquiring if it would be possible to play a 90% payout pull -tab game maybe once a week on a specific day. This type of game is incredibly popular with the players and while this game may not be as profitable for the organization, it does increase the popularity and profits of other games. 3. This point is not mentioned in any of the city ordinances but I think it should be considered: the mini- paddle wheel. This piece of equipment is used in meat raffles. A meat raffle is also a big draw to the organization because this type of crowd will be the type to play pull -tabs in the establishment. The min - paddle wheel is recognized by the State as a legal form of charitable gambling. • Page 2 • In closing, I would like to thank you for the opportunity to bring to light some concerns of our organization. Please feel free to contact me with any questions or concerns you might have or any explanations needed to fully understand charitable gambling. I may be reached at 763 - 569 -3380 (work) or 763 -560 -7212 (home). Sincerely_ Todd Berg Gafpbling Manager Brpoklyn Center Fire Department Relief Association • I • 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy - graven.com March 26, 2003 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Brooklyn Center Fire Department Relief Association Charitable Gambling Dear Mike: You forwarded to me for comment a lettei dated.14arch 19, 2003, from Todd Berg of the Relief Association. Mr. posed several questions relating� the. ; City's charital l je' gambling ordinance. First, Mr. Berg requests modification of the ordinance to allow the Relief Association to operate in two locations. Section 23 -1903 limits an organization to one premises in the City. However, the Council may authorize an organization that had a lawful gambling activity on the effective date of the ordinance (which is not specified in the code) to add one additional location. Therefore, if the Relief Association was already operating o erati at one location at the time the code was modified to allow an additional operation to be conducted, the Code would already allow the City Council to permit operation at a second location. I believe that the reason for limiting the number of locations is that there are a limited number of locations in the City where charitable gambling may be conducted profitably. I assume that the Council felt that a number of charitable organizations should have the opportunity to raise funds in this way and that allowing one organization to "corner the market" by occupying a larger number of the available and commercially viable sites in the City would be unfair. However, it is within the City's authority to modify this restriction if it wishes to do so. The second question posed by Mr. Berg is whether they could be permitted to periodically play a 90% payout pull -tab game. City Code currently limits payouts to 80 %. I do not know why the • City Council .limited the payout percentage to 80 %. It m ay. be that .the Council felt that limiting the maximum would level the playing field for the various charitable organizations operating in CLL -2293I 7v 1 BR291 -4 Mr. Mike McCauley March 26, 2003 • Page 2 of 2 the City to assure that all of the organizations were able to secure a reasonable return so that more funds could be contributed to charitable purposes. The higher the maximum permitted payout, the more likely it would be that gambling operations would compete with each other by increasing the payout percentage, which could ultimately result in a reduced amount of money available for charitable purposes in the City. Finally, Mr. Berg requests that the ordinance be amended to permit mini- paddle wheel games. The ordinance currently allows pull -tabs as the only permitted form of charitable gambling. As noted in Mr. Berg's letter, state law permits the use of paddle wheels, although cities can impose greater restrictions. I do not know why the City Council would have permitted pull -tabs but not paddle wheels: I could have someone in the office make some inquiries of people, at the charitable gambling control board or elsewhere, about the possible disadvantages of allowing paddle wheel games. However, you may be able to make those kinds of inquiries at less cost by using City staff. If you would like us to pursue this question further, please let me know. Very truly yours, Charles L. LeFevere • CLL:sez • CLL- 229317vl BR291 -4 • City Council Agenda Item No. 10a • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S ecialist Subject: City Council Consideration Item - Planning Commission Application No. 2003- 005 Date: May 21, 2003 On the May 27, 2003 City Council Agenda is Planning Commission Application No. 2003 -005 submitted by KPM Properties, Inc.& O'Neill Construction requesting Preliminary Plat Approval to subdivide the lot at 5024 France Avenue North into two lots Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -005 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 15, 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 -24 -03 City Council Action Should Be Taken By 6 -23 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -005 Applicant: KPM Properties, Inc. and O'Neil Construction Location: 5024 France Avenue North Request: Preliminary Plat The applicant, KPM Properties and O'Neil Construction, is seeking Preliminary Plat approval to subdivide the lot at 5024 France Avenue North into two lots. The property in question is zoned R -1 and is located on the east side of France Avenue North, between 50 and 51 Avenues North. It is surrounded on the north, east and south by single family residences and on the west by France Avenue North, with a single family residence on the opposite side of the street. The proposed plat which is to be known as O'Neil's Addition currently has a metes and bounds description and would be divided into two buildable lots (Lots 1 and 2). The southerly lot (proposed Lot 2) would be 74.64 feet wide, 133.10 feet deep and 10,078 sq. ft. (.2313 acres) in area. It would contain a single family home, a single car garage and a 144 sq. ft. screen porch to the rear of the lot. The northerly lot (proposed Lot 1) would be 75.04 feet wide, 13 3. 10 feet deep, and 9,833 sq. ft. (.2257 acres) in area and would contain a 738.84 sq. ft. double garage. • This lot is proposed for development in the near future with a single family home. The Zoning Ordinance requires single family interior lots to be a minimum of 75 feet wide at the front building setback line and 9,500 sq. ft. in area. The proposed lots meet these standards. The structures on the lots meet the minimum building setback requirements from the proposed front, side and rear lot lines. The house and garage on the proposed Lot 2, however, are less than 6 feet apart at one point. This is a pre - existing, non - conforming situation, which is not affected by the proposed division and can continue. The proposed division does not create or aggravate this situation. It should be noted that the property line separating the proposed Lots 1 and 2 is not a straight line. It jogs slightly at a point 52.47 feet east of the France Avenue property line. The purpose of this property line jog is to meet the minimum side interior building setback requirement for the two accessory buildings. A minimum 3 ft. setback is required from the interior lot line for these structures. A chain link fence is shown extending from the northeast corner of the single car garage to the rear property line. Although it is not required that fences be on or near property lines, it might be beneficial to move this fence closer to the proposed new property line separating the lots. We would recommend that it be within 6 inches of the lot line if it is moved. A point of concern is the garage on the proposed Lot 1. The Zoning Ordinance allows garages only as accessory buildings to a principal building, in this case a single family home. No single • 5 -15 -03 Page 1 • family home would exist on this lot when it is created. It is the applicant's intent to eventually build a single family home on the newly created Lot 1. Such a home would have to have ground coverage equal to or larger than the ground coverage of the garage. At the time the applicant files the final plat, we would recommend that they either have made application for a building permit to construct a single family home or have executed an agreement with the City, and posted a financial guarantee to assure, that the garage is removed or demolished within at least one year. It should be clearly understood that the garage cannot be left indefinitely on the lot without a principal building being constructed. The relimina plat shows a proposed 5 ft. wide drainage and utility easement along the r P rY p p P g Y g ear property line of the two lots. Sanitary sewer and water are in the France Avenue North right of way and serve the house on the proposed Lot 2. Sanitary sewer is shown stubbed to the property line for the proposed Lot 1. The Director of Public Works /City Engineer is reviewing the proposed subdivision and will be submitting his written comments for the Planning Commission's review. A public hearing has been scheduled for this preliminary plat application and notices of the Planning Commission's consideration have been published in the Brooklyn Center Sun/Post. RECOMMENDATION This preliminary plat appears to be in order and approval 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. Prior to the release of the final plat, the applicant shall have either made application for a building permit to construct a single family home on the proposed Lot 1 or executed a performance agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within on year. In no event shall there be an accessory building on the proposed Lot 1 within one year following the filing of the final plat unless there is a properly constructed single family home on said lot. 4. The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1,. as recommended by the City Engineer. 5 -15 -03 • Page 2 ' � 1, y ♦� It 'NUR �.. OR 1 iii;.. +'��� 7� �;__. - !� -.'. •: • .i . �•c : -� ? �r C r t e »� t L L L L - U t Prepnred by NVOrE NO. 65443 FPNO. Wq-66 E n . LOT SURVEYS COMPANY, INC. SCALE 1- - 301 s LAND SURVEYORS • [imetee roe NoYmAt REGISTERED UNDER THE LAWS OF STATE OF MINNESOTA • D.,otes uoemnot Found I _ 7601 73rd Avenue North 783- 560 -9093 c Fax No. 560 -3522 8 Minneapolis. Minnesota 55428 A bururyurs (6rrtifiratr PRELIMINARY PLAT O'NEILLS ADDITION CITY OF BROOKLYN CENTER HENNEPIJ COUNTY PREPARED FOR: KPM PROPERTIES INC C/O PETER MEYERS I PHONE 651- 291 -5449 I °i° ° 'sods Fora A°e N I o I aoan"n eta I w no-tt6- zl- t }o6o5 I h _- - - - - -� I tl 133 �y I 8003E E � I sus I W z - - - - AowN t /AE ff liE An7r7f 'so FEET o� nc .47/rN 1 n `o I •at FEET lY 77L 74r 1 /l, SW 714. K 114. SEC, to 51ST ANEN1 E N. L.m.br 50.S'/ Eeeg =N A ' I - 588 17' 25 ^E' 1 1�yn A o 3.10 1 o`inee':if°1O6 - — Rid ►+o-/Nrz 1-l3 -Door 763. 0j 5 I 1 - - - - - -- h __. ti _ _______ ___ __ ____ ____ _____ _________ _y._ t o � PROPOSED UTLITY DRAINAGE EASEWNT I^ I� 1 t ^ --------- I •^ WN r, W "4 I "V a �'n u� Owns: Rolrort NW rYn I 5031 E.vg Ave. N c 0242 S89'04' 35` W o�Y tsaakiyn Center 52.47 f+ 8% s , N --- pd / ne- 2t- tJ-0OSB .4 N88 °17'2V'W + - - y - - f — evl o -- - - - - -- 10- __ I I \ I I ooh eona..t. mt....y cA9ACC� ae' / I o ° Q j S hll� z �__ -y0.! _ -� 962 d 16.0 © ;; I� Y Y1 Yj It 11yN I CS t 8003E a ON CONCRETE 166 0 — cN. ttoo.e I Z � ; 1 � owwo; van e,..e.. W 51at Ava N N &-W, Curls r 1 5025 Eeeq Ind �to-t/e -zl -z+ -Dora j 0� o i5 I p,e #to-7 �i1= +s-aaE I I Int woodltnee r'°C.."'t1° ' Noe ° F -- 133.10 - - I - - -- -- --� s I � n'25 ^w I 1: { =' L N E a 77E An17N Sr 114, AC rsd sal err 77e szsrrr 41 1 IBJ EEET ex nc Aw Ve, ) /I, SEC. 10 y 33 11 i 1 ...3 I I I aaoNyn a.dw N I Rib /10 t16 -21 -13 0MO 80U3E r I i o � o.wr 50.M pid (r70 I EXISTING LEGAL DESCRPTiQN. The East 133.03 feet of the West 163.03 feet of the North 150.00 feet of the South 483.00 feet of the Northwest Ouvter of the Southwest Quarter of the Northeast Ottvler of Section 10. Township 118. Range 21. He v epin County. Miwiesolo. PROPOSED LOT AREAS Area of Lot 1 is 9833 sq.ft (0.2257 Dues) Area of Lot 2 is 10078 sq.ft (0.2313 ores) Underground atility itformoiion from the city of Brooklyn Center records Property Zm d ResdentiaL The only easems6s Shown me from pVts of record o information by 6-L eby tify that th , true and correct rawaaamalion of y of the baudaries of the �bo a described lud d an the of al buddeys and rnible at ocher 6. it any, how m on Iord Soq d Repsed by w 2 O�Ro7 or Aoi +^ 1'L Chutes F. Anderson, Men- Reg No21753 or Gregory R- Preach. Munn Reg. No24992 • MEMORANDUM DATE: May 9, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: O'Neills Addition — Preliminary Plat The Preliminary Plat for O'Neills Addition was reviewed for engineering and utility issues. The site is located east of France Avenue N. and south of 51 Avenue N. The following comments are provided for your consideration. 1. The Preliminary Plat was forwarded to Hennepin County for review on May 6, 2003. Comments provided by Hennepin County will be forwarded to the Owner. 2. Both of the existing garage buildings are located less than 5 feet from the proposed • property line. 3. A 5 -foot wide Utility and Drainage Easement shall be added along the north property line of Lot 1. 4. A Utility Connection Fee will be required at the time that water and sanitary sewer connections are completed for Lot 1. 5. Correct the spelling of the word "Avenue" for 51 Avenue N. • GADepts\Public Works \Engineering\Development & Planning \O'Neills Addition\Preliminary Plat.doc • City Council Agenda Item No. 10b i MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren Planning nd Zoning S ialist a - �J , g g p Subject: City Council Consideration Item - Planning Commission Application No. 2003- 006 Date: May 21, 2003 On the May 27, 2003 City Council Agenda is Planning Commission Application No. 2003 -006 submitted by RTM Restaurant Group requesting Special Use Permit and Site and Building Plan approval to construct an 80 seat, 3,286 sq. ft. Arby's restaurant with a drive -up window at 5444 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -006 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 15, 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 5 -1 -03 City Council Action Should Be Taken By 6 -30 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -006 Applicant: RTM Restaurant Group Location: 5444 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant, RTM Restaurant Group, is seeking site and building plan approval and a special use permit to construct a 3,286 sq. ft., 80 seat Arby's restaurant on the lot located at the southeast corner of 55 Avenue North and Brooklyn Boulevard (5444 Brooklyn Boulevard). The property in question is zoned C -2 (Commerce) and is 35,719 .9 sq. ft. (.82 acres) in area. It is bounded on the west by Brooklyn Boulevard; on the north by 55 Avenue; on the east by a shared access drive with the Firestone tire store (5445 Xerxes Avenue North) on the opposite side of the access drive; and on the south by the combined Kentucky Fried Chicken and A & W restaurant. Convenience food restaurants such as this are special uses in the C -2 zoning district. AC'.0 ESSTARKINCT • Access to the site is gained through a 40 ft. wide private roadway easement leading from 55 Avenue North to the K & G clothing store property. This access drive serves this site, the KFC /A & W site, the Firestone site and the K & G site. No access directly to this site from Brooklyn Boulevard or 55 Avenue North is proposed. Three access drives from the roadway easement are provided for the proposed Arby's restaurant site, which are located approximately across from the accesses serving the Firestone tire store. Two lead to and from the parking lot, while the third is from the drive -up window lane. The building will be oriented to the south portion of the site with a drive thru lane going in a counter clockwise fashion around the west and south sides of the building. The pick up window will be on the south side of the building. The main parking area, including handicap parking, will be on the north side of the building with 86 parking spaces including two handicap parking spaces in the parking lot. Parking for this site is based on the restaurant parking formula which requires one parking space for every two seats and one space for every two employees at the maximum shift. The plan calls for 80 seats in this 3,286 sq. ft. building. The 46 parking spaces will accommodate the 80 dining seats and up to 12 employees at the maximum shift. The drive thru lane will access the shared roadway at the southeast corner of the building. • Page 1 5 -15 -03 GRADINCT/DRAINAG /i1TTT TTTE4 B -612 curb and gutter will be provided around all parking and driving areas. Drainage in the parking lot is handled by two catch basins in the approximate center of the lot. Catch basins are also provided in the drive up area at the southwest and southeast corner of the sites and tied in to existing storm sewer. Sanitary sewer is located on the southeast side of the building and water is to the south. The grading, drainage and utility plans are being reviewed by the Director of Public Works /City Engineer and his written comments are attached for to the Planning Commission's review. LANDSCAPING The applicant has submitted a landscape plan'in response to the landscape point system used to evaluate such plans. This .82 acre site requires 80 landscape points. The applicant's proposal is to augment the already existing landscaping that was planted around the perimeter of the property by Welsh Company's, developers of the K & G and KFC /A & W sites. This landscaping includes perimeter plantings in the green strip areas along Brooklyn Boulevard and 55 Avenue North. Shade trees such as Maple, Linden and Birch have been planted in these areas along with shrubs such as Grow Low Sumac, Red Flame Miscanthus Goldsturm Rodbeckia, Gold Mound Spirea, Sedum Autumn Joy and Dogwood among other plantings and shrubs. Decorative trees • include Crab Apple. The augmented plantings, which will be located around the perimeter of the Arby's building and in island landscaped areas include four Sugar Maple, two Serviceberry, and three Techney Arborvitae. Shrubs include Glode Arborvitae, Sea Green Juniper, Darts Red Spirea, Dwarf Burning Bush, Bravado Coneflower and Hosta. The additional plantings around the perimeter of the building and in island areas add 125.5 landscape points to the total for the site. The total plantings on the site well exceed the minimum landscape points required for this development. BI M ,DINCT The building exterior is proposed to be a combination of smooth face block, corduroy accent block, scored smooth field block and rock face field block in various shades of brown with burgundy and red accent. A prefinished standing seam metal roof, red in color, is located over a clear insulated glass accent piece at one end of the building. Red neon and awnings are also used as accent. The accent piece of the building will be located facing Brooklyn Boulevard with store front windows on the northwest and south elevations. The floor plan shows the common seating area and service area as well as the layout for the restaurant, kitchen and cooler space. As pointed out previously, there will be seating for 80 customers and enough parking to accommodate up to 12 employees at the maximum shift. Page 2 • 5 -15 -03 T IGHTTNCT /TR A SH • The applicant has submitted a lighting plan showing photometrics and the location of seven freestanding lights approximately 25 ft. tall. The foot - candles shown do not exceed the standards outlined within the City's Zoning Ordinance. The light fixtures will be a shielded box shaped fixture directing light on to the site. No glare should emanate from, or be visible beyond the boundaries of the property. The plan shows the location of the trash enclosure to be easterly of the building. It will be an 8 ft. high masonry structure to match the building exterior and contain a solid steel gate painted to match the masonry finish. SPRC'TAT, T TSE STANDARDS Convenience food restaurants are special uses in the C -2 Zoning District and as such must meet the Special Use Permit Standards contained in Section 35 -220 of the City Ordinances (attached). 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 substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; 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. The applicants believe that their proposal will fit into the surrounding uses of property both aesthetically and use wise and will not be detrimental to the general public. They also believe their proposed use and development will not substantially diminish and impair property values within the neighborhood given the plan they a have submitted. They believe their proposed use will provide the community with an alternative quality restaurant, which can be safely accessed by pedestrians and vehicular traffic. Their proposal will be arranged and operated so as not to interfere with the use and development of neighboring property and they believe their design standards meets required building, parking and landscaping requirements. Their proposal should conform with the applicable regulations of the district in which they are located. In general, the staff would concur with the above and we believe that the proposal meets the Standards for Special Use Permits contained in the City's Zoning Ordinance. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RF.0 OMMENDATTON We believe the plans are generally in order and approval is recommended subject to the following conditions: • Page 3 5 -15 -03 • 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. • 8. B -612 curb and gutter shall be provided around all driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. • Page 4 5 -15 -03 'N'3AVNVW N M 1 h O ' 'aa Inns N I J F 1 � ' v NM O N Q — p •N F LJ • • t I � � d Z I <;. X 1 'JAI T31fli 21 R ✓. Wyk .' �� ��;•: t'� °. %, ?,:,�,'.f. � � Ti7 � 1 1 1 / � ;I 5 '�.� •t>+t�,. r- y.o:tA,si. � 66ff ■. r V = ' f �3 � j r n - '�°•,x!i�. • :.?,1 a, ..iY. r�4 .:Y .r, s d. ..... " 7cr:.. i d�r.,jr;r..[[� t � � ".�,' Jt!tf . &�.,.• �• 'fY. e•.;Z:Y•• i�,'- �:- •:; �i'�i ' O \! //// / �� 1 O • r'''F`�'r.'h.�x Y �;; ";sSa t � t.t � <'v_ xj ';, �/ y•�'i•'+r .,. 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Arb 4n 45 SCALE: I"= 20' 81TE PLAN LEGEND New AlphIft m o 7 t o for Parking Lot Cons tructio n 6' C,ni Integral Walk ond Curb 6 C,,C,,t, St,,Ight Curb to to, c .... t, D� - e 131"k st'ined Con,,Wl�iA to with 6".6" 10/10 welded i,, ...h I" yy Conte Slob IL wel ded d - 6" Plain Con-t. 40 for D I. I awl Min. fiber PSI b. Pod in P A, ,' ' , w ro ?a 1 .1th b., nnnt.h t,��d 1 - 1 11.1 to also be Block 51.hed L Area (S- Landscape Plan) q. (H) 6 Pip, 30ord, (7 Bollards Told) SITE PLAN GENERAL NOTES Speaker Post . Canopy by UnIt.d Sign C,-, p Toll FI,gp,y, and Con Bo,e • to.- iolh P o ( D 5 A ,,t No. RTm70 by C--d I.d.sk,I I *I C ddi..n T. on tLt d U3 It t L.tty Denm .d t (972) 380-8186 d ; M .. to b by d. r N" ! .ro It tarnished by 0 - d in tn:dI. ti� f 9 Itt Con tir-to, by G ' 2. 1 - d 1111 .1 Li ot FW - 25' Tall (f,. top I ntt, pot, base dl. .1 _ ' z daalr amp 1611 o' IGOO Watt Meta Bow Shaped Halide Heads . - s < c-t-tio. It. Z, to, LI D ta (Total 6 Pol & , Head Po"` Bo w e dlmanrl 3 Pl to-ti- of b.d > 2h to., m 'ARBY'S" Dke,tl Sig, to be f-note F F ) by Sig. Cont end It,M,d by G o i w NZ) OY Pipe 8.11-d -In 'ABBY'S' logo p..t AWd NW eel no. _ l � h 1. d es - b . y d - 1". bumper 0 p ... id.d by. Id d Shield I Con-no, S�ST 1(o _�i _PROPOS 5 Clark St ... t during POST 5 BUILDING V P Po H FINISHED MI 48209-1355 0 < el tech.. rovrny coon ee -d , t __ g, _ _nU� 0 N ' C A 11-k Inn.U. G 252 - .11.d o1 .1. FLOOR (313) 842-729G :V-85 .70 1 11, 11 o 1-2 "a �`x eax - • I �d m nf—ti- P1 er T ' o =d Pon. *gn ond by Handicap Sign pr Mott Sheet (2 RI _ p _ _ d"_ I ..__ .. 4 S.. ;t % N, Way No Ent—, Sig. 8 MI : .,b to be B-2 14 M nnl�o 1 -d —.1. , d to Point Stdp. 11 -d — -1 4 11, by Handicap Ron, Per AO A. ReqW—tit Stop sign 'i\ \@ t '\ � # �'/ ^ -� :<wre t.s -- - ,r I ' - Z Z 0 ii.- "k Z < z cr LLI PARKING SUMMAR I mml t.-80 WO z z B,gd;,g °3.28fi Ito...e f,,t N y (L 0 W 7 T-111 On-Sit, Sp.... Provided: 0 44 Cnti.tol Sp m 2 Hondloopp.d Sp li- Q y+w 6 11- = City Fitto,ti— t. 1.0 R,62 par 75 11, ft. of =44 So.... NOTE LL TI CONTRACTOR SHALL RESPONSIBLE FOR SLKEi Sit, =35.7191A it5 ALL UNDERGROUND LOCATE MEWFE.ENTS. WWI Intp,,Aont, Surf- ti-23,280y- sq ft. CALL 45 HOAtS BEFORE DIWNG GOPHER STATE ONE CAI� PRELIMINARY NOT FOR CONSTRUCTION 65714 A , - l k Arby! A 3 Y y 53.0 XIS TING "OVEE C.S T6�1_ Sl 7. l " 7'/�/ i A"I L.F. CON CRETE VALLEY GUTTER REM OVE 54.57 \EXISTING S12A SCALE IEEI % SCALE: I" 2D' A . REMOVE AND RELOCATE 1154.. 8 4 .4B TELEPHONE COORDINATE QWEST N 0 T E S A ION 0 5, Y= .5 pi - as I — 04.1. 7t MATCH EXISTING w , l W A S4.2 CONSTRUCT 35 =4== V =.j. W. VALLEY'GUTTER 0 BUILDING FINISHED 0 FLOo R 30 m -a 85& ' pY is .• ` ' :1 \ 5 � . 9. e q +, 9 - i �. .. e..\_.� }� I / C. — .....n Iw It o_ z (w 7z Of g < Ix z P m z a mw Ln < z w, m LJ -J on m 0 < NOTE: CONTRA CTOR SMALL BE RE$RESPONSIBLE FOR < S t SHEET '0, ALL UNDER LOCATE REOU1111ENTS, DENOTES —XiMATE — B-.. LOCATIONS 2 SOIL T ESTING PERFORMED BY CALL 48 HOURS BEFORE DIGGING, —.IL 1 —1.. 'E--.El GOPHER STATE ONE CALL 337 3111 AVENUE SO. WAITE PARk, MN S53117 PROJECT —0. TWIN CITY AREA 454-0020 ---------- PRELIMINARY 1 .• NOT FOR CONSTRUCTION Arby! 1 v � 9 _ � d 1 NE MN ba i yy NEEIJAH R3057 a o S ! /i / � RIM =�53 INV- 6;49.66 x' -mmmmm �• 'b ,? 0 a7 i 1r, 1 €j $ \ X 10 F 12 R 1 SCALE' I" = 20' yyyve. \ 11 1 CB 105 6 1 NEEN 1 1 g4fr�y% 3 1 R708]_ \ 2 a � 24 "X36' NOTE 5 € .r RIM' 851.25 O 93 LF. -12 °�+ 11 %ww..w..r: we n: e `=..: M.�:". °°� "s"•w.x�:n �� a " 1 RCP 0 O.SIR Illy 1 PROVIDE 4' 1 a A S CONDUT E110VE 35 L.F.'A - 12' µ^ �°^•'�'ow w � RCF� CriCH BASW AND / CATCH BASIN MANHOLE A c w�„ "� x ' w• n„w..�4x°�' O V �3 1 TRANSFORMER CBMH 103 / li: . w w e�j '° �"'�"• y 2 °$ PAO PRECAST - - NEENAH R3087 BASE PROVIdED _ - �' ` 48' DIA. P„i:n.u,i +, �; w« ryM �° ""' W Oj As MECN / , n y� ^w • ..Mw x.: i+ p Y OTHERS 3EE r E' - , \ RIM- 65422 •�. ��.. W �± ECTRILAL FOp INV -64964 DETA16L 39 L.F. y fOR SApItTARV _. _?�. a. ,•,.�,• + IL ' I �; • •� � _ RCP O 0.621L 12 e..an n.me sa ...� M.x w M.e w H •° 'Xi. 6' DIP O O� S_v: b. +NS.er.en= ea.w,"...rwu.. er e..+'e..au. •.i +w Vtl Yl �R N G� SE E 2505 WV�650.20 ° �:' ° a.. . N'. TA S T� BULDING SEE MECH \ INSTALL CLEANOUT Q co) % 4 \i 12 L.F. 4' PVC V' $,33 A \ 1 - FINISHED FOR WATER 1 Q k FLOOR CONNE TION ,1 �`� SDR35 O 207. O a$ k. '•1 n - ELEV =855.70 a ee CONTRACTOR TO COORUWATE WIT\``XCEL ENERGY 1? w VERIFY DEPTH OF ,I • FOR GA$ CONNECTI �+ 1w 65d SEWER SERVICE '' SHALL B . � : � PRIOR TO N51°yE FG7 RERLAGN. A ; _� .. `§. CONSTRUCTION RESPO DAMAGED '� AS A RESULT OFl1 `` / HIS WORK '�xI THE RIT -OF -WAY. ,` y ' T O L• _\ EMOVE 25 LF 5 NEENAH ft�06] E . y,w;'^� DIA d LF. INV =6454 � 4 \•.\ O Z CBMm 101 NEENAH R3067 1 1 / /' " ~ 46' DIA. 1� .1 % Q F- W q 1 ` yyg CONNECT TO EXISTING 6' CONSTRUCT OVER ` i ��. Of WATER SERVICE EXISTING 12' RCP - 1 Y - �'' . -•--•„ Z z 1 1` INSTALL 60 LF. - 2" RIM F Z = 654.17 n \ / ' i �+ — THE "K' COPPER INV= 549.64 (n Q 1 T FIELD VERIFY WVERT 1 °+ W F Z J 1 ' t �` W J 1 \�> 1 \ i` - 1A NOTE: CONTRACTOR SHALL BE RESPONSIB FOR a m m D ; ALL UNDERGR AT OUND LOCATE REgUREMENTS. 1 •',,; IHE ET CALL 46 HOURS BEFORE DIGGING 3 GOPHER STATE ONE CALL,_ n TWIN GTY AREA 454 -0020 r S r., YS't • • • o ... .�.....»�... 1:.. �d A�AM[A ..A CII. Ay��A..r 4l��• .wt .sr. v pa . ylrxr.Ae tri[r/ °r ' n• M.-W is lar [•x•x.anK WIN .WNtIb NI.lpMI1�011.11[Gl.11 M 1 IAOlrM7 m.IW.bA �1�0�1AIO[YA�[[r OrI.�IMf�LAir.A M1A. •lO1lmAlbfll»lM rom. OAArlrl i ALlM.l1 AYMIa[IIw L At li / r. M WR [�YI.��IIACb�11�C E ..� - wl.rAL. � rnvxecLS 3000 aALlw..wrs Awbrrrn ALL BLOCK FRANCHISE O AI�AOrwM ASSOCIATES w, h •��' �im[wabr�wALmvm . INC. ♦� � Y' ♦rlub�wasauiww Mr 3YldY 311M jy Y t� PRELIMINARY I, C #� INOTFORCONSTRUCTION y , • [ "�" w 5101.003.01 Ct O 0 AIAA. u...o cw«ww KD 01. 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GMCE < cc W W i] i3 aA .1 A ,al A )! j L aA eJ •A MA i9l B6R L I- i3 , /p[ N 911E 110NIM0 DETAIL iA i.l 63 iA Y PT n 4 U Arby's I�. :5040 .wa m uoa mum F i2 ' is }2 is u is i, L is i) i2 400 Watt Metal Halide 730225B 32 ;, ;J oa Brooklyn Center, MN m� •� m� I.1.1 iJ is ;a , - Afby S 04/30/2003 .n' 1 �, �w��.l .mi Brooklyn Center, MN W By:ayne Tokkesdal . iA a uA u, i2e }a i, ' 33 'v �+,J I al 'u iA iu )a L. a i; u D ,,, d „ •: On Site Liahtfna ,41 Survev. LLC GAC ° i° i ' '" `" iJ 12 _.. • Date:04 /30/2003 I Plan #7302258 Wayne Tokkesdal ;A u is i3 i•2 BOR ;0A }a a is i) i2 i! i2 ;J u io4 1.7 is is i, ;z �..m '� ;:;_,•,' I kA Nw °vi "maul 6g A ° �' ° w.. 9ollab MN 6M13 8290 a•ucaDC Awl M EW G . M are .Iw ... o'er..` :m {� 763eeLtsle Fixture ting Heights on New Poles are 27' -0 ". "�" �` e�u� I Signed: a9� • OUTFALL GUTTER I I � In•R t�GIT1FA TOP WT. IT ] VE . • EtswsON Jdx 40X JOxiS SO' -0' Mc P0.E eAx II - coNwRO MDnTYR�zi�MO A• 1 c T. oc � - - l K • A T'M I ORgxMCES n \ \\ 5 13 - = ..TSJ J III— CAST WTx STANDARD GUTTER a I 11". ,r c:]w) A. D sAxo !1!�Ir : MTM�xprs u (DSw) TYPE Lv] TDP ei u. � �In� I r I - e• -o• xEP _ I e' h/.55 5 GRAVEL T ]n' JI r NRAI T4 (OpRDi s t� AlE •J'rt o N R ®M (mm) g WTN POE C04PACTEp SUBGRbE t !' PEAR - ],. ]. ufWJ o �I J - R I'I BASE ^� .• .. .. � - � T ' - }I /2• � � � 8 srcnaN A -A / 6 MG POLE b `v BASE DETAIL PAVEMENT SECTION \ SD _ xALE 8 -612 CONCRETE CURB 8 GUTTER £ CONCRETE VALLEY GUTTER S� ID 48LE PAAkwc SPACES 91ALL BE ENiWIED BY A . 0 RIE V P MTER 1HG "8% W ACCE54B XEAVY —1 —C t W .Je e. 1CHS SHALL BMRiFR BLAOC B SPiCF, m eY A vFNI0.f Mkm AMED ETE MO PWN Z ttNCRETE WBTA MM TO T STAMMD OF 4 4.2e5 1-1 Axo caurµAn W F w ilE _RIC— Sl— nux ETE c W IR I 'a4a wuL x aDDM : uA*iE. a oTn -0.ME iNRSx ERS A. SYUe0.5 ALL �TRAS WTI TN .1M ROMU. WTN DA Rk .— p DIM --s W A l#aIT BACxdORW). - f � 3£ ya RAac srAMED Q E BAdnLL CON w.E �4BtE PMIOIG PACES 41A11 eE N 66 EO BY A 4cN 4IOWXG TILE � y �w ° z �n SYMBOL di ,C[ESSBNTY Q p w, L G WM M9 , CDW YWEee 9Gxs SNKL AROVIOE (,) IN.. x0T BE CBSCIRED BY A VEIR0.E PMkFD 4 . i _ IN ME SPACE SFL ORA4 - B e0.T4 I' BOLT . ... . - ...., m me PRwECTOH' O.S' BASE - . -- ......- _........- ... ....- I .LM ; M CA N. ]e25 A g AIUm0. PAW1iE5TAME5 1 BASE PIATF Q Q (_% L �xyEL S PoS�T D CONCRETE STAIN PROTECTION DETAIL (TmJ FFoog9 [[ E A�VMME COkORT 1 EL. PRE -PA T GALVAW$ED STEEL - A .0.E O G �REeFACE - �-N'F� SEE INN 1F OF ♦ I I F CONCRETE SLOPED VERiR B0.T PATTFAN W/ PqE � F• W LLI EP °+ � �J - 9ACNPp] I FN Q U = -_ S �tm•INx —}— eo x5. 1nT xRx --I � � } � W J / C ��ACESSRlL£ SIGN DETAIL /••� A�c¢mMUir: rEiLOw 5 BOLT PATTERN >- Q Q ( I% A - / 1 `ACCESSIBLE PARKING SPACE SD_' xD._ m :7 Q F �J ` I��' of W xAIE No x E Q a'ma SNFF N0. O H 2' STRAIGHT CURB `�'/ NO SGLE A., B A { V AI EbAN9ON �- ENTER zsAg I I CONCRETE CHAMFER DETAIL U., vaE S'D B - — AN O DIITIEB NOTE: CNANFEN TO BE PLACED AT CORNERS OF — — — p5a -0' llpli I I:ro I ]'-0 I LIO I\ SlEEEFT ALl ON SITE CWCRETE IA—IS E I I A I \ ] vlvF iS EETEEi PLAN - / rci cRdMD�vANENENi GRADE T -D• ELEVATION � Puhnc Ro00 w y o �.aEA "'' % Pi Eo�E I B -e I/ so' minlmum SECTION A -A 6' minMUm E LIGHT POLE DETAIL PEDESTRIAN CURB RAMP DIRECTIONAL SIGN DETAIL NI 2�' (N.T.S.) IE P I• -E' WoaM1eO AocA AOTegola ��I =N ' �S AE F y�E. I �`^ll ROCK CONSTRUCTION ENTRANCE �v.�E e" _H B Z Cj H 2 - UFE- CONDUT )' AL 5' UOI T POLE B'6 4060 DTS /CiCi ., ` W AOPEB - STOP^ FABRIC OVE CONCRETE (Br ELECT— CONTRACTOR) }-- FP - -} ' g Y 1— k ANCHOR TS 1 E`„ BTMES O .' O.0 p' yAryNW 1' BOLT CAP Br POLE Nmm— —EN., d B BOL V M : /MST PER NANLfAC— f O � SPECIPICADM r CONDUT 1 h ,~ BEVEL INES OF Ewsnxc waBb�^� BBI.R PROBED o a � f `� " �zi ` i+ T «RS '"'" -B' 6 INCH CMOMKxENT MAU § � i PAINT EXP OAK DAYS OF SE - WwTE j L NGEABLE Pan COPY FINS OFADE ETTERS N �— I' iI li �— Fr Fw �I ul I I ♦pop PSI CONCRETE S FENCE D —P p PLACE I _ J B�"� Per I Mh I IBLw C / z nE5 A :L .9 . r�EBAR LACE TT. - . ' # Z 2 � :� � I � , . s• srEEt Pu•E eaLARO ' I L I , F .. Fr _ U � TiI J I III rORaMOWG ROD WITH CONCRETE .. I I';. '�. {Ire z I"' I, C \ 1 — CRETE FODDN Ecr T I— ar � I I I w T � U Q W cr . . ANCHOR ear AssnABLr „�,• ',� �� V) } � r... N J 2."OA WM m ...a D ...�.I � — _ xarol � O I-- H1' H IX W ....ur arolurousnc en[ D. "m"'A SNEET N0. BOLLARD DETAIL ! SIgnaga Program LIGHT POLE BASE BEND 41 1/4' PLYWOOD PLLDMG CROSS FACE ";AGaA OF OF e ars A, AREA / � >" .. � OR CAP P—E. —S FL— TO uux g ...... ..... TEE OR '='T *11 - B fLw AP G S) LO L4 No T P , 2 115 1 ID I. IT 118 84 46 26 1 :2 8.1 .20 I'D 6. 25.4 :: l IT B , 2 Il D 2 TYPE F IOPFEN 13 140 27.1 31.01-0 3131 1 14D 18.1 2D 23.5 47.0 9.4 1 4,7 1 114 34.0 . ..01 2- - 1 1 B.. A P I NSTALL CORP STOP/ P P L CONCRETE THR KINKING TO BE POILPED AGAINST I.INITSTLIBIED uOTF EARTH OVFA EXA— TREN. MHEITION TRENCH IONDITIGH KEEP CO—E� �EAR OF JONT AND ACMSSORIES. 3 IF NOT SHOWN ON PLANS. REWNED BEARING AR—TI IND SHALL BE AS INDICATED ABOVE. ADJUSTED IF NECESS to CONFORM TO THE TEST PRESSME(S) AND ALLOWABLE GEAR REFERENCE Nm..— TNESS( ' S). ss BEAR-- AND VEQAL MKIONG DETAILS SHOWN ON PLANS CONCRETE BRICK TAKE PRECEDENCE — 0 BEARING AREAS AND BLOCKING DETAILS SHOWN I PER PLAN� IN THI STANDARD DETAIL 5. ABOVE BEARING AREAS BASED ON TEST PRESSMIE OF ISO P.S.I. AND AN ALLOW SOIL BEARING STRESS OF — POLIHOS PER SOLARE FOOT. TO CON—E BEARING AREAS FOR DIFFERENT TEST PRESSURE SOIL BEARING STRESSES, USE THE FOLLOWING MINIMUM CROSSING & SEPERATION E—ION: BEARING AREA -(TEST PRESSURE /ISO) X (2000/SOL vill RE(MREMENT )I FOR WATER & STRESS) (TABLE LE ALLIE) SANITARY SEWER MAINS CLASS C PIPE BEDDING TYPICAL WATER SERVICE CONNECTION C ALL M— BENDS GREATER THAN 20' SH— BE ANCHORED .1. 2 APPROVED TH.— S/.' IT RODS THRUST BLOCKING DETAIL N 2 Fl 1/2 —.T 1 21 Ve w w MIN 4' UAX 10 IL a 6X = BOX 27' PRECAST ECCENTRIC CONE PLAN 2 0 BE caa IT I— T— WALLS TO BE CONSTRUCTED OF PI—ST SECTIONS I6' PIE PLAYS NAK�BE � MANHOLE DEPTH IS LESS THAN '=fF= S L? U G CASTING IS REITINIXILAR, A TOP SHALL BE USED IN AM 'm . X1. A ppFF THE �9J�UgINO STEPS HE THE SLAB SHALL BE = .. . OIC N_WA LO ADINGS. FOR AASHTO HS 20 12' 0- Y DINGS. THE SLAB SHALL BE SET ON M ORTAR RED. —2 — Al XWTS z MANHOLE INVERT SHALL BE ABED u¢ 0 48" TO PROVIDE SMOOTH FLOW FROM -z : KET TO OJTLET. FACTORY POURED —T NI-US ARE RERECOMMENDED. v W 2- CONCEALED RCKHOEb < F- LJ IN D WHEN PIPES ARE 27• ON LARDER. WNBS < z THE BOTTOM OF THE MANHOLE SHALL GE CONSTRUCTED OF MANHOL BL— OR TM SECTION UNITS AS SPECIFIED. v) W < BOOT z PLATE W 3 N • SECTION A-A Q� W ` IN C REASE DF DEPTH BEYOND 14' - TO =R� =ST OF j4 IIIIIIII PA. fn 0 • a— PER D AT a . , BOTH SHE�/ R l . TO STANDARD MANHOLE (SAN SEWER) STANDARD CATCH BASIN STANDARD MANHOLE CASTINGS • I PIVOTING C SYSTEM I A MIN OF B' MOM BACK EDGE OF — TO tDADWG� EDGE OF ANCHGR BOLTS. 8' QF THREAD NEEDED A OVE CONCRETE LEVEL. 3' OF THREADED BOLT ABOVE TOP ^ /OF CURB NEEDED 3' BELOW 4AADE � \ J 71 _ / _ CU'tB LT,gB �BPEAKER BOX 0 PAVEMFN` PAVEMENT 1 ki 1 $ • • J � •, PAN0. - • ACCESS I e X 6' SWARE TUBE �g ELECTRICAL IDA -NGLE — OP ON TO \ / _ I TW OF 9ASE PLATE MUST BE \ STATION A , • \ . • I am 'WITH TOP OF LURE NJ (AN) CHO YBOLT WELDED • CORRELTOR 0.EARANCE TO BE z R CAGE n c • • i NO2 GE MUST SE SWARE WITH CUES. NO 1/2 YARD OF CONCRETE POURED �NUT ROTS IN PYLON BABE 1HNEAOED TO 3BELOW GRADE PLEASE END TO EXTEND THREE IN. (3') ABOVE CLRB ALLOW TO SET 2A HRS i o V tl ADE BOTTOM LEV Z q BACK EDGE OF CURB BASE DETAIL BASE DETAIL SPEAKER POST OETAIL�oy g, RS_Ie $yygg€ggg�5� '. PIVOTING CANOPY TOP V -4% X e' -0'W ILLUMMATEID T_F '~ O Z °' 13 AMP TRI -LAMP FIXTURE W/60' T -N1 N 0. T(AES pEy U) AB 5 - N ALL II—AST REMOVE AlW ANELS RETAIN W � LLI eEFORE INS —D TOP. y ..A Slp1E PANELS I I aMr. N ) I I . W a, IL t a' I 4 I 4 f1 FARANf,F p -6 U w� I 1 I (0? ? I I I I DO 5W < DO O 2TU cA T 1 i ` IIOY RWRESCENT TUBING D DIRECTION OF CARRIAGE BOLTS L j . J (INSDE AWNING) m qY aj ^E SW-NE . /.lee' WALL DEC R VINYL �• I 1 f SPEAKER AND MIC 1 R E E V E b (CGNPMTMENT) 1 SPEAKER AND C (COMPAPTMENT) .1 d Z 1 I I 3 X I3' X 3/8' PLATE J'Xa' ACCESS TO Z Elf rA /6' — I HOLE PYLDN. \ p I NO FaR an. HOLES Ty /EUCracAL a (- W B -C• 3 EACH CORNER 2' MOM IN CENTER N Z d g os Ow (q ANC Q z 2 HOR a H U W I LaXB W CWIS CUNUT LOOP ,'GOING DETAR- In In b F— (4) }-BOLT (n W J �.y ANCHOR SLPPORTS Y J >- O dD2OF- ELEVATION VIE. Elf —I (Y Q' W T Qd OW TE: PI CANOPY SYSTEM REPLACES MENU BOARD SPEAKER POST. SHEET SPEAKER POST DETAILS sPULO- cORwAL carvTRACtcR TO INSTAU. SPEAKER POST ELEVATIONS i � ----------- OUTDOOR DRIVE —THRU MENU SYSTEM fPON'Nl', �. A,rwAaRp aW ,Kn,fN, fn• ta« eAaER Nom n fn• MT M =!1101 +e M,i BASE AND FOUNDATION g s/e'MT MENU BOARD A ND sR SPEA a wLOCATION I ma° •. �" /e• uvn«ro Inn kT-F®A < xw VMTAGE MDUT BASE PLATE MOUNTING DETAIL z HOLE SIZES: 6Xa ��I � L JJ cWNJaO[0 `• i A ' DIA It ( . p a 311 o6e aA Na (i REW� / FOLLOW THIS DIAGRAM IF INSTALLING «Avant too % FIGURE IA ON A CURVED DRIVE A Ir I io 6 o s /n• NEX NuT (6) \ j aAl : -, ,DPUrt wmuT \ u nn i wIK . m urom.� nr / $ ARDeoARO /�- �is°uzln TEIAPLATE FOLLOW THIS DIAGRAM IF INSTALLING / J UrvE ON A STRAIGHT DRIVE tlmw m % / \ snNa rnwap N15r�TxRU �TPOI >%a DIA w E NCIE ON TENPUTE _ /grHM \ WNDVT TO RLN DOWN (µG. III INSTALLATION DETNL FOR {Rw,f[rrxc VERTICAL LEG OF BASE Al 33 CNw IT LOCATIONS OF uENU Rya y !I o }� / VIEWED fR 4EYIU BOARD d BOARD BAY) mmmlll (` 1 , / , I 1 I I1 f A v ¢EMiIU ae -1/1 CCB FIGURE IS PONfP \ rt yyY;; yyB �z F I m \ adg - S/6•.. x 2O' L4 ANCHOR 5€ y • \Rua S o O b G BOLTS AT 2 \• ABOVE WADE _ f g c (BV GENERAL t011TRACTOPJ € ^ ;. ` MENU BOARD TO PEDESTAL BASE 0 a m d , a ONCRETE CAJSSOx YiIN 4�eE SPECIEICATIONS: _ L uusr cCNFORU ' LOCAL TO LODES. d caaaamal as nx/i d " /:•o °n "' �uoy $e €s� FIG. 1 CURVED COVER TO BACK � PEDESTAL BASE DRIVE DETAIL r 0. pig ggg $ sues (<) A rNAM �� DIAGRAM C € I wmrt 1PNP pA) DIAGRAM D .— KNm( B urASr vAtl <,na - _ _ NATw BRIO( AT WC RAd 3 DIAGRAM A crate DIAGRAM 9 '� ON B' GRME 9 AE CaiNERS 0 1 1 1, 11R U, P (. P.W. «. b euaiR.d o mwu beard Inla Pmitian N. Nara IN a. pMnld boro sign t' -B' IJ' - <• nN.. 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Tar maunlbq the mnu bewd U th, fbB.Nlnq mmnr: flzz Nw am 444��� \llllla aw RWS RDNFwbIC • ° , ° w N• aces n d d bon1aMlnla9 w U wl , IN an and .0. waanera. I w • wm < m «va 1 a 12' DEEP X 24' IM 1 - 1 B Ramew Ue co m«w p Colt. fO0TIN6 1 DUMPSTER G ATE DETA u EIN aCEd W/ (:) 50- acz al'•is ew awD uaa° IS •32'06 / 41L mAlvdcTln sar City of Brooklyn Center Special Use Permits - Section 35 -220 • 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence • and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. • MEMORANDUM DATE: May 9, 2003 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works SUBJECT: Arby's Restaurant, RTM Restaurant Group Brooklyn Blvd / 55 Avenue North Revised plans for the proposed Arby's Restaurant at Brooklyn Blvd and 55 Avenue North were reviewed for engineering and utility issues. The following plan sheets were submitted to the Public Works Department for review. 1. Sheets 1 to 12 of 12, dated May 1, 2003 2. Revised Sheet 3 of 12, dated May 5, 2003 3. Sheet L1, dated May 1, 2003 4. Sheets Al and A4, dated March, 2003 • The following comments are provided for your consideration. Water Supply Water service is proposed to be extended into the building from two existing stubs at the south_ property line. The Owner should be aware that both water services are extended from private water main within the lot to the south of the site. The public water main service stub ends at the west property line of the KFC / A &W site as shown on Sheet 3. 1. The plans appear to indicate that the two proposed water services to the building will not be tied together. The Owner should consider connecting the two water stubs to make a loop line. The fire line and service line can then be extended off of the service loop to improve fire flow capacity. 2. 6 -inch PVC SDR 35 pipe should not be used for water service connections in Brooklyn Center. 3. Isolation valves must be provided on the water service lines. Contact Mark Hartfiel at the Water Utility, 763 -585 -7103 to discuss location requirements. 4. The Owner should contact the City Fire Chief to discuss if additional hydrants are needed within the site. • GA\Depts\Public Works \Engineering\Development & Planning\Arbys03 \Site Plan Review.doc • Sanitary Sewer Public sanitary sewer service is proposed to be extended from the existing 8 -inch diameter sanitary sewer stub in the southeast corner of the property. The site is served by public sewer located in Xerxes Avenue. 1. Plan Sheet 3 indicates that a clean -out will be constructed at the connection point. A manhole structure is needed at the connection point. The purpose of the manhole structure is to assist in determining sources of grease into the sanitary sewer system from the various restaurants if problems develop in this portion of the collection system. 2. A grease tap was not identified on the plan. Storm Water Management Stone water runoff from this area of the city is conveyed by storm sewer to, Shingle Creek. Sheet 2 indicates that the proposed internal storm sewer system will connect to the existing 12- inch diameter storm sewer stub at the southeast corner of the property. 1. Sheet 1 indicates a total impervious surface area of 23,280 square feet. Further storm water runoff calculations were not provided with the plans. Data outlining the net increase in impervious surface for the proposed project must be submitted to the City for • review. Submittal infonnation must include existing impervious surface area, proposed impervious surface area, net increase in runoff rate, and proposed storm water management practices if the impervious surface area is significantly increased. Grading and Erosion Control Sheet 2 provides the existing site elevations and proposed curb elevations for the site. Grade adjustments for the proposed project are minor. 1. An erosion control plan must be prepared and submitted to the city for review prior to initiating grading activities within the site. 2. The Owner will be responsible for the cost of sediment removal from the public storm water conveyance system and restoration of impacts to Shingle Creek if sediment is discharged to the creek from construction activity within this site. • GADepts\Public Works \Engineering\Development & Plannin g\Arbys03 \Site Plan Review.doc City Council Agenda Item No. lOc • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning ecialist' Subject: City Council Consideration Item - Planning Commission Application No. 2003- 007 Date: May 21, 2003 On the May 27, 2003 City Council Agenda is Planning Commission Application No. 2003 -007 submitted by Mr. and Mrs. Tony Yang requesting a Special Use Permit to operate an adult day care facility at 5650 Lilac Drive North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2003 -007 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 15, 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 5 -2 -03 City Council Action Should Be Taken By 7 -1 -03 (60 Days) Planning Commission Information Sheet Application No. 2003 -007 Applicant: Mr. and Mrs. Tony Yang Location: 5650 Lilac Dr N Request: Determination/Special Use Permit The applicants, Mr. And Mrs. Tony Yang, are seeking a special use permit to operate an adult day care at 5650 Lilac Drive North. Implied in the approval of such a special use permit is a determination that the "adult day care facility" use classification is similar in nature to a "group day care facility" use, which is an allowed special use in the C -1 zoning district. The property in question is zoned C -1 (Service /Office) and is located along the east side of Lilac Drive North, southerly of 57 Avenue North. It is surrounded on the north and east by C -2 zoned property containing the Anderson Drywall operation and the Bumper to Bumper Auto Parts store; on the southeast and southwest by R -1 zoned property containing six single family homes; and Lilac Drive North generally to the west of the site. B A CK GR OT TNT) • The C -1 zoning district does not acknowledge an adult day are use as a ermitted or special use Y P P in that zoning district. In fact, adult day care is not an acknowledged use anywhere in the zoning ordinance. State Statutes defines adult day care as "a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining or improving the participants capabilities for self care. Adult day care does not include programs where adults gather or congregate primarily for services of socialization, education, supervision, caregiver respite, religious expression, exercise or nutritious meals." Adult day care is required to be licensed by the State of Minnesota Commissioner of Human Services. PROPOSAT, The Yangs wish to occupy the commercial building at 5650 Lilac Drive North for their licensed adult day care use and have submitted much written material in support of their request to be allowed to use this property for that purpose. They have been advised that the closest use classification to their proposal appears to be "group day care facilities" use, which is a special use in the C -1 zoning district (Section 35 -320, Subdivision 3b). Attached for the Commission's review is a copy of Section 35 -320, Subdivision 1 -3, which lists all of the permitted and special uses in the C -1 zone. Because group day care uses are special uses, we have asked the applicants • Page 1 5 -15 -03 • to address the Standards for Special Use Permit contained in Section 35 -220, Subdivision 2 of the Zoning Ordinance. The Zoning Ordinance definition for group day care facility is "a facility licensed by the Minnesota Department of Public Welfare (now Department of Human Services) to provide child care for six or more children at one time. This term also includes, but is not limited to facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. The Yangs note that there are currently no adult day care operations in existence in the city. They point out that there are two types of adult day care programs, one which provides intensive health, therapeutic and social services to individuals with severe medical problems and another which offers participants socialization opportunities, peer support and nutritional health and other social services. They note their proposal is for the second type. They indicate clients will not suffer from severe medical problems. Rather, their program will focus more on therapeutic activities, supervision, health monitoring, personal care and nutritional support. They note that they believe their operation is most similar to that of a preschool child care operation. They note that at any one time the operating capacity is expected to be about 20 care recipients. Their license will also require a minimum of one caregiver per eight recipients. There will, therefore, be three staff members on site. They expect a total of about six employees including a director and a secretary in addition to the staff members previously noted. They have submitted a code analysis of the building done by a registered architect noting that the total capacity will be limited • to 40 occupants. They point out that traffic at the location will be less than the current use. Care recipients are dropped off at the center or are picked up by a van provided by the center. The site currently contains 38 parking spaces and they believe is ample for the proposed use. Based on the City's parking requirement for this 4,000 sq. ft. building, 20 parking spaces is all that is required. They also indicate hours of operation to be 7:00 a.m. to 7:00 p.m. Monday through Friday. They expect minimal changes to be made to the building for their proposed.occupancy. It seems that from the standpoint of zoning regulations, the adult day care use and the group day care use are similar in nature to each other. Both are required to be licensed facilities by the State of Minnesota and would be appropriate commercial uses. We recommend that the Planning Commission make a recommended finding that adult day care is similar in nature to group day care and should be considered an allowable special use in the C -1 zoning district. The main distinction between the two uses is that the group day care requires screened outside recreational facilities per Section 35 -411, Subdivision 6 (copy attached). No such facilities are required for adult day care and all activities will be inside. As part of the special use permit process, findings will also need to be made that the proposed adult day care use is compatible with existing adjacent land uses as well as those uses permitted in the C -1 district generally; complimentary to existing land uses as well as to those uses permitted in the C -1 district generally; of comparable intensity to permitted C -1 land uses with • Page 2 5 -15 -03 • respect to activity levels; and is planned and designed to assure that generated traffic will be within the capacity of available public facilitates and will not have an adverse impact upon those facilities, the immediate neighborhood or the community. SPFCTAT. TT,SF. PFRMTT ;TANDART)S As a special use, the proposal is required to meet the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2 of the Zoning Ordinance (copy attached). These standards require that the proposed special use 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 substantially diminish or impair property values; 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 applicable regulations of the district in which it is located. The Yangs have submitted in writing also how they believe their application meets the Standards for Special Use Permits contained in the Zoning Ordinance. They note that their adult day care center will promote and enhance the general public welfare and will compliment and promote the public health, safety, morals and comfort. They point out that there is currently a severely under - served market in Brooklyn Center for the proposed use. They add that serving that market will improve not only the livability of the care recipients, but also of those who provide such care when the recipient is not at the center. It provides an opportunity for socialization and interaction • the recipients currently do not get elsewhere. They contend that the center will not diminish or impair the use and enjoyment or values of the surrounding property. The center will provide a valuable service to the community and will serve residents living approximately within a five mile radius of the property. They contend that the establishment of this use will not impact development or improvement of surrounding property for uses already permitted. They add that there are no issues in regard to ingress and egress, which would have any negative impact on traffic congestion on public streets. Their center will, in all respects, meet the requirements established by the licensing authorities along with conforming to applicable regulations in this zoning district. We would concur generally with the applicants' comments and do believe that the Standards for Special Use Permits can be met with the operation they are proposing. Furthermore, we see the use as being compatible with, complimentary to and of comparable intensity to other uses in the C -1 zoning district. Furthermore, the traffic generated by this use will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood or the community in general. A public hearing has been scheduled with respect to this special use permit application and notices have been sent to surrounding property owners. Page 3 5 -15 -03 • RRC OMMRNDATTON We believe the application is in order and would recommend approval subject to the following conditions and considerations: 1. The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C -1 and C -2 zoning districts. 2. The adult day care facility as proposed by the applicants meets the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2b of the Zoning Ordinance. 3. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C -1 zoning district and that the proposal is planned and designed to_assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood, or the community. 4. The special use permit is granted for an appropriately licensed adult day care facility as outlined in this proposal. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this special use permit. 5. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation. 6. 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'. ;� , '%�' t f i 6..� Z W APPLICATION FOR SPECIAL USE PERMIT UNDER PROVISIONS OF THE CITY OF BROOKLYN CENTER, MINNESOTA DATE: May 15' 2003 For: Permission to allow the operation of an Adult Day Care Facility at 5650 North Lilac Drive. The property is currently zoned C1 Service Office District. The Adult Day Care operation will be licensed by the state of Minnesota, Department of Health &'Human Services, and thus must meet strict requirements 1`7 for its operation. The property is currently occupied by Steen Engineering and utilized as a standard i office building. The building was originally constructed in 1965 as an office facility. Prior to the use by Steen Engineering it is believed the property was a telemarketing center. Steen purchased the building in 1999 and extensively rehabbed it. Legal Description: REG. LAND SURVEY NO 1114 REB. LAND SURVEY 1114 COM AT MOST WLY COR OF TRACT A TH SELY TO MOST SLY COR THOF TH NELY TO ANGLE PT IN SLY LINE THOF TH E TO SE COR THOF TH N TO SE COR OF R L S NO 597 TH W TO SW COR THOF TH NWLY TO A PT IN NWLY LINE OF R L S NO 1114 DIS 110 FT SWLY FROM MOST NWLY COR THOF TH SWLY TO BEG TO THE HONORABLE CITY COUNCIL: Gentlepeople, Pursuant to the provisions of the city, application is hereby made for permission to operate as stated above on the above described property. Respectfully submitted, Name: Mr. Tonv Yang Address: 4108 146 Ave. N.E. Hain Lake. Minnesota 55304, Phone No.: 763-717-2871 Present Zoning: Q1 •Ny, • SUPPORTING DATA IS ATTACHED, APPLICATION FOR CONDITIONAL USE PERMIT APPLICANTS NAME: Mr. & Mrs. Tony Yang BY: Mr. Tony Yang L4.,: Sara APPLICANT'S ADDRESS: 4108 146` Ave. N.E., Ham Lake, MN 55304 ` V PHONE NUMBER: (763) 717 — 2871 Fax_ Same — call first ;a PROPERTY ADDRESS: 5650 North Lilac Drive, Brooklyn Center, MN i Owner's Name: Steen Engineering C/O Gene Striefel Owner's Address: 5650 North Lilac Drive, Brooklyn Center MN 55430 Owner Phone Number: (763) 585 -6742 Ext: 203 Fax: (763) 585 -6757 u Property Address: 5650 North Lilac Drive, Brooklyn Center MN 55430 ''• Legal Description: REG. LAND SURVEY VE N O 1114 REB. LAND SURVEY 1114 COM AT MOST WLY COR OF TRACT A TH SELY TO MOST SLY COR THOF TH NELY TO ANGLE PT IN SLY LINE THOF TH E TO SE COR THOF TH N TO SE COR OF R L S NO 597 TH W TO SW COR THOF ,. TH NWLY TO A PT IN NWLY LINE OF R L S NO 1114 DIS 110 FT SWLY FROM MOST NWLY w- COR THOF TH SWLY TO BEG Current Use: Standard Office Proposed Use: Adult Day Care Facility History: The building was originally built in 1965 and was significantly remodeled in 2000. The building is built slab on grad with exterior walls composed of brick over concrete block. The building has approximately 4000 square feet. The site is almost three - quarters of an acre, with about 37,500 square feet of land. The current site configuration accommodates parking of ° up to 38 automobiles. The property is fully handicap accessible. The interior of the space is primarily free span, with no load bearing walls but only two support columns, allowing for .' exceptional space planning flexibility. Prior to the current use as an office for a mechanical engineering and drafting company it is understood the property served as a telemarketing center. Steen Engineering has owned the property since 1999. They have quickly outgrown the space. �:i APPLICATION FOR CONDITIONAL USE PERMIT (continued) L °F Proposed Use: Mr. and Mrs. Tony Yang wish to own and operate an adult day care facility aimed at the Asian market. The precise entity owning and operating the enterprise has yet to be formally defined, but it will be licensed by the State of Minnesota, Department of Health and R Human Services. The licensure process is intensive and includes, but is not limited to: background checks, curriculum review, review of health and safely requirements (both from a "= facility and program perspective), ro am emer emergency response plans, Fire Marshall _._.. Y p �' program g Y p p approval and a review of food handling procedures. Please refer to complete description of the rules, regulations and requirements in a later section of this request. [7] There are two types of adult day programs, one which provides intensive health, therapeutic and social services to individuals with severe medical problems and another which offers participants socialization opportunities, peer support and nutritional, health and other social services. The proposed use is for the second type. Clients will not suffer from severe medical problems., Rather it will focus more on therapeutic activities. supervision. health monitoring, personal care and nutritional support. These two programs have different requirements and are separately licensed by the governmental authorities. + There are currently no Adult Daycare operations in existence in the city of Brooklyn Y Y P tY Center. The operation is most similar in nature to that of pre - school childcare. It is an operation that provides supervision and personal care for more than five unrelated adults. At any one time peak operating capacity is expected to be about twenty (20) care recipients. The license will also require a minimum of one caregiver per eight recipients. So, in addition to the twenty, there will three staff on site. There is expected to be a total of about six (6) employees including the director and secretary. According to the architect the operation's total capacity will be limited to l forty occupants. Traffic at the location would be less than under the current use. Care recipients are either dropped off at the center or are picked up by the center's van. The site is currently configured to accommodate up to thirty -eight (38) vehicles which is ample for the proposed use. Although the city has no fixed parking requirement for either adult or childcare facilities, a common rule of thumb utilized by the city is one parking space for each two - hundred gross square feet. With the : Lwwj building being a bit less than four thousand (4,000) square feet the implied parking requirement would be twenty spaces. Per the licensing requirements: all of the occupants will be required to be capable of responding to an emergency without physical assistance. Again per the architect, if the occupants can respond independently to an emergency a fire suppression sprinkler system is not required for licensure. .Activity at the location would be limited to the between the hours of 7:00 A.M. — 7:00 P.M. - Monday through Friday, except in potential emergency situations. There will be absolutely no R;J; manufacturing, assembly or retail or wholesale sales at the site. It will only be utilized as an adult day care facility. No improvements are expected to be required for the conversion to the APPLICATION FOR CONDITIONAL USE PERMIT (continued) ,yy proposed use. If improvements are required they would certainly be completed. Please review the draft of the floor plan included later in this application. -~ Property uses surrounding the subject include a Dry Waller's shop and a Bumper to Bumper auto tsa ".S parts store to the north. To the east and south is single - family residential property, while to the west is highway 100. As for the subject site, no changes are expected to emanate from the _ change in use. The curb cuts, walls and fences, drainage, signage and lighting will all be what is there today. Mr. and Mrs. Yang came to the United States in the mid 1970's from Laos. Both have striven hard to be successful productive contributors to their communities. Tony initially settled in Denver Colorado as a teenager. He went to high school in Denver and went on to the University of Colorado at Boulder, CO. He graduated with a Bachelor of Science Degree from the University of Colorado, Boulder in Electrical Engineering. In 1990 Tony came to Minnesota to Mill work for the U.S. Food and Drug Administration (USFDA) where he still works. Since 1995 Tony has proudly served as an officer for the US Public Health. Shortly after arriving in Minnesota Tony bought a home in Brooklyn Center where he lived for eleven (11) years. In the j fall of 2001 he moved to Ham Lake, where he is living now. Malaythip and Tony married in 1998 and have several children. Malaythip has been very active in a variety of non - profit organizations both assisting in translation and working on a wide variety of community issues and affairs. Malaythip is currently a candidate for an Associate in Arts Degree from North Hennepin Community College and expects to graduate this coming May. Malaythip is also j pursuing a degree from the College of St. Catherine with a concentration in nursing. Response to Standard for Snecial Use Permits ?! a. The establishment, maintenance and operation of the Adult Day Care Center will only promote and enhance the general public welfare and will compliment and promote the public health, safety, morals and comfort. There is currently a severely underserved market in Brooklyn Center for the proposed use. Serving that market will improve not only the livability of the care recipients but also of those who provide such care when the recipient is not at the center. It provides an opportunity for socialization and interaction the recipients currently do not get. b. The center will not diminish or impair the use and enjoyment or values of the surrounding property. The center will be providing a valuable service to the community. Nearly all of the individuals requiring care will live within a five mile radius of the property, giving them somewhere to go where loved ones can feel confident they are being well cared for. c. The establishment will not impact any development or improvement of any surrounding property for uses currently permitted in the district. >`,,• d. There are absolutely no issues in regard to ingress and egress into the parking area which would have any impact on traffic congestion on public streets. cry:" APPLICATION FOR CONDITIONAL USE PERMIT (continued) e. The center shall, in all respects, meet the requirements established by the licensing authorities along with conforming to all applicable regulations in the zoning district. We thank you for taking the time to review this request and hope for a positive response. The Yang's are eager to deliver a center which will only strengthen the social fabric of the community. l:w 3 B " . t t_J - "i T__; 04/30/2003 11:22 952- 401 -7918 TRUMAN HOWELL ARCH PAGE 01 •memo: RFCFIVED APR qt 2003 Ta: Gene Str1 *f1d : 4 R' Fr Bruce Bluoi�n�ttl, AID► HOV EUL� ; °ati IT1rCT F '.,. � � � % �6St IN -. 't •,• • Itc stes" (�fs• B uIldIng t�ilS MVECM/7, MINE ? ° 5650 North ll1i Drfira c+�i,+m•nv •:uvcml,,ct.n;: Br*Wyn Canter Dote; 4/30/03 ^ + r -:; Via; FAx; t page tiascrlatlon: .1 . ' I have d ' ne a preliminary code review of your proposed oCcupency;our interpretkibn is as- follows: CODE: 2000 INTERNATIONAL BUILDIW "CGDE OCCUPANCY TYPE; Adolf Day Care 4-4 TYPE OF CONSTRUCTION. V/•B FULLY SPRINKLERED :f .BUILDING LIMITATIONS: ALLOWABLE HE16HT : 1 STORY -. ACTUAL t1EIGHT: ` 1 STORY ALLOWABLE AREA, ' 9,000' sf f AREA MODMCATIONa • : N/A AC UAL i AREA . , 4.000 /• '• : `�• OCCUPANT LOAD: 100 GROSS • 4A000 100,* 40 OCCUPANTS EXIT WIDTH; :rr REQUIRED EXIT WIDTH IN INCHES PER PERSON: • DOORS & CORRIDORS= 0.15" x .40 6" " •� <1 r STAIRS N/A € MINIMUM DOOR OPENING 3,3" FOR EACH 36" DOOR EXIT WIDTH. 06VI6 (2 (it 33 PLUMBING FDCYURES: ,:, • Water Closets 1 n;ale; 1:1-25:f -' r Laivatorles 1 /35 male' . • ,�'' • ' Drlgking fountain I/100 1 Floor Plan ........................ Mach L J1 000 Recreation Room 0 -- �a a a Room . Women 1�7 i ��� � �- .ti� i.e..e.ui.luu i,eeueu6u.0 uliuiuiY I rtu j 1 Goats Directors Office 0 Reception � Office -3 Librar n� a y ��� � � vestibule C+ Lillril*'t I—j W-%L bW PRI t 4 i F ose of leasing or selling apartment units within 5. A real estate office for the purp which it is located. the development in not to include special home occupations as defined in 6. Home o ccupations Section 35 -900. t e. Licensed residential programs with a licensed capacity of seven to 16 adults or children required to be permitted by M.S. 245A.11, Subd. 3 and M. S. 462.357, Subd. 8. f. Licensed nonresidential programs with a licensed capacity of 13 to 16 persons required to be permitted by M.S. 245A.14, Subd. 2. g Licensed day care facility serving from 13 through 16 persons required to be permitted by M.S. 462.357, Subd. 8. 2, Special Requirements a. See Section 35 -410 of these ordinances. Section 35 -320., Cl SERVICE/OFFICE DISTRICT- 1 Permitted Uses, ht of The following service /office uses, are permitted in the Cl district, provided that the heig each establishment or building shall not exceed three stories, or in the event that a basement is Proposed, three stories plus basement: a. Nursing care homes, (at not more than 50 beds per acre), p o h c w ns v in e g uthorifiy, institutions shall, where required by state law, or regulations be licensed by the appropriate state or municipal authority. b. Finance, insurance, real estate and investment office. c. Medical, dental, osteopathic, chiropractic and optometric offices. ffice en ineering and architectural offices, educational and scientific research '., d. Legal o , g auditing and bookkeeping offices, offices (excluding laboratory facilities), accounting, urban planning agency offices. mosques, and i e. Places for religious assemblies such as chapels, churches, temples, sy nagogues. 35 -29 City Ordinance City of Brooklyn Center . 1 I f. Beauty and barber services. I - g. Funeral and crematory services. G: t s h, photographic services. r. i. Apparel repair, alteration and cleaning pickup stations, shoe repair. Advertising offices, p rovided that the fabrication of signs shall not be a permitted use. j, k. Consumer and mercantile credit reporting services office, adjustment and collection service offices. 1.. Duplicating, mailing and stenographic service offices. in. Employment agency offices. n. Business and management consultant offices. o. Detective and protective agency offices. p. Contractor's offices. q. Governmental offices. r. Business association, professional membership organizations, labor unions, civic, social and fraternal association offices. s. Accessory uses incidental to the foregoing principal uses when located on the same accessory. property with the use to which it is ac ry . Such accessory uses to include but not be restricted to the following: 1. Offstreet parking and offstreet loading. - 2. Signs as permitted in the Brooklyn Center Sign Ordinance• di or sale (at retail) of drugs, prescription items, 3. The compounding, patent or proprietary medicines, sickroom supplies, p rosthetic devices or items relating to any of the foregoing when conducted in the building occupied primarily by medical, dental, osteopathic, chiropractic or optometric offices. ' City of Brooklyn Center 35 -30 City Ordinance I Retail food shops, gift shops, book and stationery shops, tobacco 4 acessory g eatin establishments, sale and service of office supply equipment, gs newsstands and similar accessory retail shops within multistory there s assoca ted over 40,000 sq. ft. in gross floor area, provided: that signery visible from the exterior of the building; there is no carry-out or delivery of food from the lot; and the total floor area of all such shops within a building shall not exceed 10% of the total gross floor area of the building. to the aforementioned uses as determined by the City t. Other uses similar in nature Council. ons including, but not limited to, full- service banks and savings and u. Fm uncial instituti loan associations. v. Drop -in child care centers licensed by the Minnesota Department of Public Welfare said licenseand pursuant to a valid license application, provided that a py application shall be submitted annually to the City. W. Leasing offices, provided there is no storage or display of products on the use site. X . Libraries and art galleries. 2. Special Requirements, a. See Section 35-411 of these ordinances. 3, Special Uses. a. Accessory off -site parking not located on the same property with the Principal use, subject to the provisions of Section 35 -701. i , u da care facilities provided that such developments, in each specific case, are b. Group Y demonstrated to be: a land uses as well as with those uses 1. Compatible with existing J permitted in the C1 district generally. 2. Complementary to existing adjacent land uses as well as to those uses permitted in the Cl district generally. 3. Of comparable intensity to p ermitted Cl district land uses with respect to activity levels. 35 -31 City Ordinance City of Brooklyn C enter 4, planned and designed to assure that generated traffic will be i mp ac t � �pont hose f available public facilities and will not have an o P facilities, the immediate neighborhood, or the community. Traffic enerated by other uses on the site will not pose a danger to children k; 5. g t., served by the day care use. the special re quirements set forth in Section 35-411 are r and further provided that p adhered to. c. Instructional uses for art, music, photography, decorating, dancing and the like and studios for like activity. d. Educational uses including post secondary schools, business schools, trade schools and the like, but excluding public and private elementary and secondary schools (K Section 35 -321. CIA SERVICE /OFFICE DISTRICT. 1, permitted Uses (No height limitation) a. All of the p uses set forth in Section 35 -320 shall be permitted in a building or �! establishment in the C1 district. 2. Special Requirements, a. See Section 35-411 of these ordinances. 3, Special Uses, . not located on the same property with the principal use, a. Accessary off -site parking subject to the provisions of Section 35 -701. b. All of the special uses set forth in Section 35 -320 shall be allowed by special use permit in the C1A district. Section 35 -322., C2 COD,11vIERCE DISTRICT. 1, permitted Uses. :i a. The retail sale of food. 35 -32 City Ordinance City of Brooklyn Center i i Section 35 -411., SPECIAL REQUJRDMENTS IN Cl AND CIA DISTRICTS. con ducted wholl an d e air or be con Y service, r processing shall p ervi 1. All storage, display, s � p enclosed building. Semi - trailers may not be used for the out of door storage of materials, equipment, merchandise, inventory, etc. 2. Incineration of waste material shall be conducted in approved equipment located d th d permitted use is conducted. Equipment shall b the building wherein the p approved when approved by the zoning official and sanitarian. 3. Where a Cl or CIA development abuts an Rl, R2 or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 15 feet wide with an opaque o parking, driveways, off-street substitute. The protective strip shall not be us ed for p loading or storage and shall be landscaped. The screening device design must be approved by the City Council as being in harm ClA areaeA residential proposed fence or neig and providing sufficient screening of the Cl 0 shall be no less than four feet in height and shall not extend within 10 feet of any street right -of -way. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 35 feet of any major thoroughfare right -of -way or within 15 feet of any other right -of- -way and the 3 5 foot or g green strip. 15 foot area shall be maintained as a The site layout shall include an underground lawn sprinkler system to facilitate maintenance. of site landscaping and green areas. 5. On developments of sufficient magnitude so as to require on -site water main, sewer main, storm sewer, or storm drainage facilities construction, plans for such utilities shall be designed by and installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and ap proved e land owner or eve developer shall cases where on -site utilities constructi on is required, which enter into a utilities maintenance and inspection agreement with n to accomplish agreement shall grant the City the right to enter the developm maintenance, inspection or repairs that are in the public interest. City of Brooklyn Center 35 -59 City Ordinance j case of group day care facilities, outside recreational facilities shall be (• In the P an d driving areas by a wood fence not less appropriately separated from the parking.. ?' than four feet in height; or a Council approved substitut abaft shall located ajo .tho o the day care facility; shall not be located m any yard g unless buffered by a device set forth in Section 35 -400, Footnote 10; shall not have an TG, impervious surface for more than half the playground area; and shall extend at least 60 �. whichever is less, or feet from the wall of the building or to an adjacent a and driv g areas t.. shall be bounded on not more than two sides by p g E 7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species ; shall be long-lived hardwood. Six inch and larger trees existing on the site may be credited toward this requirement. Section 35 -412., SPECIAL REQUMEMENTS IN C2 DISTRICTS. hin an e, display, service, repair or processing shall -1 conducted wh wit All storage, g h or high enclosed building or behind an opaque fence or wall not less than six g enough to completely screen the storage or other activity from view t f door storage of property at ground level Semi - trailers may not be used for the The outdoor storage of merchandise materials, equipment, merchandise, inventory, etc . private pedestrian walkway located contiguous to the during business hours on a p P primary building is not prohibited by this section. This requirement shall not apply to ' the out of door storage and display of new and used motor vehicles or marine craft for which a special use permit has been issued. Neither shall the requirement apply to the ' out of door retail sale of food at drive -in eating establishments for which a special use permit has been issued. Temporary outdoor storage and display of merchandise may be allowed by permit pursuant to Section 35 -800 of this ordinance. 2. Incineration of waste matter shall be conducted in approved equi p h� be c ted wit ed the b uilding wherein the permitted use is conducted. q P "approved" when approved by the zoning official and sanitarian. 3. Where a proposed C2 development abuts an Rl, R2, or R3district o than at a public street line, buffer provisions shall be established. There provided strip of not less than 3 5 feet in w id t h . Th Protective strip landscaped. The landscape driveways, off -street loading or storage and shall b treatment shall contain an opaque fence or wall which shall not extend within. l0 feet of The fence or wall design must be approved by the City Council any street right -of -way. providing sufficient as being in harmony with the residential neighborhood and screening of the commercial area_ The fence or wall shall a eeight ed f nceor wall. The protective strip shall contain no structures other than the PP City of Brooklyn Center 35 -60 City Ordinance City of Brooklyn Center Special Use Permits - Section 35 -220 • 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence • and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 15, 2003 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rex Newman, and Dianne Reem were present. Also present were Mayor Myrna Kragness, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Stephen Erdmann, Sean Rahn and John Whitehead were absent and excused. APPROVAL OF MINUTES — MAY 1. 2003 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the May 1, 2003 meeting as submitted. The motion passed unanimously. • CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2003 -005 KPM PROPERTIES._ INC. AND O'NEILL CONSTRUCTION Chair Willson introduced Application No. 2003 -005, a request from KPM Properties, Inc. and O'Neill Construction, for Preliminary Plat approval to subdivide the lot at 5024 France Avenue North into two lots. The property in question is zoned R -1 (One Family Residence). Mr. Warren presented the staff report using overhead plan reductions for Application No. 2003- 005 consisting of a preliminary plat, which is to be known as O'Neill's Addition, that would divide a single lot into two buildable lots. The newly created lot (Lot 1) would contain a garage only, however, it is proposed for development in the near future with a single family home. (See Planning Commission Information Sheet for Application No. 2003 -005 dated 5 -15 -03 and the Director of Public Works' memo dated 5 -9 -03, attached.) Mr. Warren stated that the Zoning Ordinance allows a garage only as an accessory building to a principal building. He added that at the time the final plat is filed, it is recommended that the applicant either have made application for a building permit to construct a single family home or have executed an agreement with the City and posted a financial guarantee to assure that the • Page 1 5 -15 -03 • garage is removed within at least one year if no single family home is constructed. He added that the garage couldn't be left indefinitely without a principal building being constructed. PUBLIC HEARING — APPLICATION NO. 2003 -005 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2003 -005, at 7:43 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Dan O'Neill, representing the applicant, introduced himself and summarized his proposal to replat the property in order to create an additional lot and to build a new single family home on the newly created lot. Commissioner Newman asked the applicant what type house was proposed to be built. Mr. O'Neill stated that their plans are to build a home that blends in with others in the area. Mr. O'Neill asked for clarification on the 5 ft. easement that was recommended by the City Engineer. Mr. Warren explained that the drainage and utility easement has been suggested by the City Engineer to be placed along the north property line of the proposed Lot 1. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -005. • CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Newman, to close the public hearing on Application No. 2003 -005, at 7:48 p.m. The motion passed unanimously. Commissioner Newman asked to amend the last sentence of Condition No. 3 to read " In no event shall there be an accessory building on the proposed Lot 1 beyond one year following the filing of the final plat unless there is a properly constructed single family home on said lot." It was the consensus of the Commission members to make this change to the conditions. 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 -005 - KPM PROPERTIES. INC. AND O'NEILL CONSTRUCTION There was a motion by Commissioner Boeck seconded by Commissioner Newman to recommend to the City Council that it approve Application No. 2003 -005, submitted by KPM Properties, Inc. and O'Neill Construction for Preliminary Plat Approval to subdivide the lot at 5024 France Avenue North into two lots 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. • Page 2 5 -15 -03 I i 3. Prior to the release of the final plat, the applicant shall have either made application for a building permit to construct a single family home on the proposed Lot 1 or executed a performance p p agreement and posted an appropriate financial guarantee to assure the removal of the garage on the proposed Lot 1 within one year. In no event shall there be an accessory building on the proposed Lot 1 beyond one year following the filing of the final plat unless there is a properly constructed single family home on said lot. 4. The Final Plat shall be modified to show a 5 ft. wide drainage and utility easement along the north property line of the proposed Lot 1, as recommended by the City Engineer. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Reem. The motion passed unanimously. The City Council will consider the application at its May 27, 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 -006 RTM RESTAURANT GROUP Chair Willson introduced Application No. 2003 -006, a request from RTM Restaurant Group for a Special Use Permit and Site and Building Plan approval to construct a 3,286 sq. ft., 80 seat • Arby's restaurant on the lot located at the southeast corner of 55 Avenue North and Brooklyn Boulevard (5444 Brooklyn Boulevard). Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 5 -15 -03 for Application No. 2003 -006 and the Director of Public Works' memo dated 5 -9 -03, attached.) The property under consideration is zoned C -2 (Commerce). Convenience food restaurants such as this are special uses in the C -2 zoning district. The Commissioners inquired about storm water run off and water and sewer service lines as, shown on the plans submitted. Mr. Warren explained that the applicant will be required to submit a final set of plans showing changes consistent with the conditions of approval and the Engineer's comments related to these issues. PUBLIC HEARING — APPLICATION NO. 2003 -006 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the public hearing on Application No. 2003 -006 at 8:20 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Jon Bogart, Bogart Pederson & Associates, representing RTM Restaurant Group, introduced himself and the architect, Kent Doble. Mr. Bogart addressed the concerns that the Commissioners had regarding storm water run off and water and sewer service. Mr. Doble also • described the height and exterior appearance of the building. Page 3 5 -15 -03 • Commissioner Boeck asked about an agreement for the maintenance of utilities. Mr. Warren explained that a standard utility maintenance agreement would most likely need to be executed between the property owners and the City. Chair Willson stated that such a requirement could be added as Condition No. 14 for approval. Mr. Warren would amend the conditions to show the addition of Condition No. 14. Commissioner Newman asked the applicant to demonstrate how and when deliveries would be made on the site. Mr. Bogart explained how this would take place. Mrs. Donna Ziska, 5455 Brooklyn Boulevard, thanked the Planning Commission and Mr. Warren for bringing such a pleasant development to Brooklyn Center on this site. No other person from the public appeared before the Commission during the public hearing on Application No. 2003 -006. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to close the public hearing on Application No. 2003 -006 at 8:30 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 -006 — RTM RESTAURANT GROUP There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -006, submitted by RTM Restaurant Group, for a special use permit and site and building plan approval to construct a 3,286 sq. ft., 80 seat Arby's restaurant on the lot located at the southeast corner of 55 Avenue North and Brooklyn Boulevard (5444 Brooklyn Boulevard), subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. i Page 4 5 -15 -03 L • 5. The building is 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. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all driving and parking areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 11. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance shall require an amendment to this special use permit. • 12. This special use permit is subject to all applicable codes ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. Appropriate erosion and sediment control devices shall be provided on site during construction as approved by the City Engineering Department. 14. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems as approved by the City Engineer prior to the issuance of building permits. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Reem. The motion passed unanimously. The City Council will consider the recommendation at its May 27, 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. The Planning Commission recessed at 8:32 p.m. The Planning Commission reconvened at 8:33 p.m. • Page 5 5 -15 -03 • APPLICATION NO. 2003 -007 — MR. & MRS. TONY YANG Chair Willson introduced Application No. 2003 -007, submitted by Mr. and Mrs. Tony Yang, a request for special use permit approval to operate an adult day care at 5650 Lilac Drive North. For approval, it must be determined that the "adult day care facility" use is similar in nature to a "group day care facility" use, which is an allowed special use in the C -1 zoning district. Mr. Warren presented the staff report using plan reductions for Application No. 2003 -007. (See Planning Commission Information Sheet for Application No. 2003 -007 dated 5- 15 -03, attached.) He described State license requirements for an adult day care facility as well as how the Yangs feel their proposal meets the Standards for Special Use Permit contained in Section 35 -22 of the Zoning Ordinance. Commissioner Newman inquired as to the history of a single parcel of land zoned C -1 being surrounded by all other C -2 zoned property. Mr. Warren explained the possible history of the zoning of this parcel from the 1960's when it was developed. Commissioner Newman asked about buffering requirements from any residential property. Mr. Warren explained that when a C -1 zoned property abuts an R -1 zoned property, there is a minimum 15 ft. buffer requirement and opaque screening of at least 4 ft. high or a Council approved substitute. He also noted that a 6 ft. high opaque screening device is required where a parking lot abuts R -1 zoned property. • Commissioner Reem asked for clarification on the maximum occupancy allowed in the building. Mr. Warren explained that the applicant's license allows them to serve 20 people, however, the size of the building allows for an occupancy limit of 40 people. PUBLIC HEARING — APPLICATION NO. 2003 -007 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the public hearing on Application No. 2003 -007, at 9:04 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mrs. Tony Yang, the applicant, and Ms. Joyce McIntosh, Director of Adult Day Care in New Hope, introduced themselves. Ms. McIntosh explained the State of Minnesota Department of Human Services licensing requirements for adult day care. The center will serve vulnerable adults whose needs range from physical needs, cognitive needs, help with meals, etc. She added that patients must be capable of self - preservation to attend the site. Commissioner Boeck asked about medical staff on the site. Ms. McIntosh explained that licensing of such a facility requires that an RN must oversee care of the adults. The patients are also required to have a physical exam prior to attending the day care center. • Commissioner Boeck asked about the age of people attending the day care center. Ms. McIntosh responded that at the Adult Day Care in New Hope, average age is 79, with a range of 51 to 102. Page 6 5 -15 -03 • Commissioner Reem asked if the Commission could recommend additional screening be provided to separate this building from the residential properties that abut the site. It was the consensus of the Commission to add a Condition No. 7 that would require a 6 ft. opaque fence to provide appropriate screening between the parking area and the residential area it abuts. It was noted that there appears to be adequate landscape buffering along the back side of the building. Mr. Tom Dunn, representing Welsh Companies, pointed out what screening is in place along the property lines such as landscaping and a fence that is owned by an abutting residence. Mr. D. R. Sandstrom, 5624 Hillsview Road, thanked Steen Engineering for being a good neighbor over the years. He questioned if there would be food service on the site. He added that he feels he would like to insure that this service is provided to Brooklyn Center residents rather than "busing" people in from other areas. He asked about medical service on the site and patient assistance such as those attending to the needs of the patients. He also commented about screening around the site and pointed out existing fencing and landscaping on the surrounding residential properties. Commissioner Newman asked Mr. Sandstrom if the screening around his property is diminished in the winter. Mr. Sandstrom responded that it doesn't change much in the winter but he is concerned about his privacy from this type facility. • Mr. Warren commented that it is the Planning Commission's responsibility to recommend approval or denial of the application based on the zoning issues being addressed and not necessarily how the center will be operated or who attends the day care center. Those issues will be addressed by the State license requirements. Mr. Gary Ford, 5630 Lilac Drive North, asked for further information on what type care is provided at the facility. Ms. McIntosh responded that it is a recreation therapy based facility where everything has a goal and purpose behind it. Their goal is to keep the residents as active as possible while working on short and long term memory and keeping them as physically and mentally healthy as possible through various activities. Darlene Cederberg, 5625 Hillsview Road, stated that she is a 45 year resident and her main concern is increased traffic on the street and how the safety of the residents could be affected. She also asked what signs would be put on the site so people know where to turn in to the facility so they won't be turning around in the resident's driveways along Hillsview Road. Mr. Lang Yang, 17745 Jefferson Street, former 14 year resident of Brooklyn Center stated that he moved out of the city because he wanted a much quieter, less busy place to live, however, he thinks Brooklyn Center is a nice community. He explained Mr. Tony Yang's background and asked the Commission to approved this application, as a facility such as this is needed in the city. • Page 7 5 -15 -03 • Commissioner Reem asked about the number of vans that would be coming to the site each day. Ms. McIntosh stated that she would expect possibly a couple vans a day might bring people to the site once the facility is up and running and added that others would be dropped off by family members. Gene Striefel, Steen Engineering, explained that they currently have 22 employees coming to the site and several delivery trucks a day. He feels that the level of traffic for this proposed use should be substantially less than it is with his current business operation. Shirley Cederberg, 5625 Hillsview Road, stated her concerns with increased traffic with the day care use and the cost to operate the site. Mayor Myrna Kragness, 340163 rd Avenue North, stated that the Yangs were her neighbors for 11 years and that she is appearing as a personal reference for the Yangs. She added that there is an aging population in Brooklyn Center that could benefit from this type facility in the city and she feels that the Yangs will do an excellent job operating such a facility. No other persons from the public appeared before the Commission during the public hearing on Application No. 2003 -007. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the • public hearing on Application No. 2003 -007 at 2003 -007 at 9:52 p.m. The motion passed unanimously. The Commissioners discussed the differences between nursing care facilities and adult day care facilities in the C -1 and C -2 zoning districts and how they compare. It was the consensus of the Commission that the adult day care use was an appropriate use in these zoning districts. 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. 2003-007 — MR. AND MRS. TONY YANG There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the City Council that it approve Application No. 2003 -007, submitted by Mr. and Mrs. Tony Yang, for a special use permit to operate an adult day care at 5650 Lilac Drive North subject to the following conditions: 1. The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C -1 and C -2 zoning districts. 2. The adult day care facility as proposed by the applicants meets the Standards for • Special Use Permits contained in Section 35 -220, Subdivision 2b of the Zoning Ordinance. Page 8 5 -15 -03 • 3. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C -1 zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood, or the community. 4. The special use permit is granted for an appropriately licensed adult day care facility as outlined in this proposal. Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this special use permit. 5. The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation. 6. Building plans for remodeling and occupancy of this building, are subject to approval of the Building Official prior to issuance of permits. 7. The applicant shall provide a 6 ft. high opaque fence to provide a screening between the parking lot and the residential property. Voting in favor: Chair Willson, Commissioners Boeck, Newman, and Reem. • The Council will consider the application at its May 27, 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 Commissioner Newman inquired about revisiting the zoning ordinance to address issues regarding the C -1 and C -2 zoning district. There was discussion about the proposed location of the bus transfer facility. 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 10:06 p.m. Chair Recorded and transcribed by: • Rebecca Crass Page 9 5 -15 -03 City Council Agenda Item No. lla MEMORANDUM DATE: May 21, 2003 TO: Michael J. McCauley, City Manager FROM: Dave Peterson, Deputy Public Works Director SUBJECT: Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Orlander Nelson Ole Nelson has worked for the City of Brooklyn Center since May 20, 1974. He started his long career in the Street Maintenance Division of Public Works where his duties included snow plowing, ice control, street and pavement maintenance and tree trimming. Ole excelled in tree trimming and pursued training in the forestry area. In addition to his street department duties, he was assigned duties in the Forestry Division as City Forester for the last twenty years. He identified and marked diseased trees during the Dutch Elm era and kept that duty until his retirement. He • also held an herbicide spraying certification and helped guide the state - mandated noxious weed control program. Ole has been an integral part of the Public Works Department and should be commended for his excellent public relations skills he has demonstrated with Brooklyn Center residents. Ole is also completing his twenty -nine years with the Brooklyn Center Fire Department. We will miss his wealth of knowledge in the forestry area but will have a visual reminder of his talents with the beautiful boulevard trees that he so carefully trimmed and helped maintain. It I • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ORLANDER NELSON WHEREAS, Orlander Nelson has been an employee of the City of Brooklyn Center in the Public Works Department from May 20, 1974 to May 22, 2003; and WHEREAS, Orlander Nelson has faithfully served the residents of the City of Brooklyn Center by diligently performing duties in street maintenance, snow and ice control and as the City Forester; and WHEREAS, his dedicated pubic service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota, upon the recommendation of the City Manager, that the dedicated public service of Orlander Nelson is hereby recognized and appreciated by 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. City Council Agenda Item No. llb Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION TO REPRESENTATIVE HILSTROM AND SENATOR LINDA SCHEID FOR THEIR EFFORTS ON BEHALF OF THE CITY TO SECURE AN OFF - STREET TRANSIT HUB FACILITY WHEREAS, Representative Hilstrom and Senator Scheid introduced several Bills in the 2003 Legislative Session designed to cause the Metropolitan Council to construct a climate controlled transit hub facility that would provide amenities, including restroom facilities, in an appropriate and adequate off - street location; and WHEREAS, for several years Metropolitan Transit operations have been conducted on street, posing many issues related to safety and issues of equality related to the inadequacy of the facilities provided to patrons using the Brooklyn Center Transit Hub; and WHEREAS, as a result of Representative Hilstrom and Senator Scheid's many efforts during this Legislative Session, the Metropolitan Council has agreed to construct a substantial and architecturally compatible facility that will be climate controlled and provide restroom facilities on an adequate off - street site with completion to occur no later than the end of 2004; and • WHEREAS, the City Council of the City of Brooklyn Center wishes to recognize the substantial efforts undertaken by Representative Hilstrom and Senator Scheid that were instrumental in the agreement by Metropolitan Council to construct an off -street facility with appropriate amenities and substantial materials. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Representative Debra Hilstrom and Senator Linda Scheid be and hereby are recognized and the appreciation of the City Council is hereby extended to them for their many and substantial efforts on behalf of the City in securing an off - street, climate controlled transit hub facility in 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. I • City Council Agenda Item No. Ile • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER FIRE DEPARTMENT IN SUPPORT OF SAFETY CAMP WHEREAS, the Brooklyn Center Fire Department has presented to the City a donation of five hundred dollars ($500.00) and has designated it be used to support safety camp; and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Fire Department for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: I. 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. lld • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 26 THROUGH JUNE 28, 2003 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people, and amenities; and WHEREAS, residents, the city, community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City- issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from June 26, 2003 through June 28, 2003. • 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. Ile Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION DIRECTING THE TERMINATION OF THE AUTOMATED CLEARINGHOUSE (ACH) SERVICES PROGRAM WHEREAS, the City Council directed that Automated Clearing House (ACH) services be offered to public utility customers in December, 2002; and WHEREAS, the directive required that minimum participation in the program be 15% within one year of offering the service; and WHEREAS, through notice in the City's newsletter, articles in the local newspaper, access on the City's web site, and direct mailing to each customer over a three month period, the program was well advertised and promoted; and WHEREAS, as a result of these promotions, 245 customers from a pool of 8,925 customers responded, 2.7% of the customer base; and WHEREAS, it is clear that the 15% requirement will not be reached within the year; and WHEREAS, the expense of providing the service to a small number of customers was • demonstrated to be financially ineffective. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the ACH Program be terminated. BE IT FURTHER RESOLVED that each customer registering for the program be notified of program termination by letter. Date Mayor T A TEST: 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 oted g against the same: whereupon said resolution was declared duly passed and adopted. • Memorandum Date: May 21, 2003 To: Michael McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: ACH Services — Utility Billing Customers The ACH program was initiated last fall. A plan was developed that included an implementation schedule, marketing efforts and cost analysis of the program to determine appropriate charges for the service. The schedule provided for announcements in the City Watch, notices to all customers in their utility bills describing the program and providing an application form, and posting of information and application form on the City's web site. In addition, we have provided forms to walk in customers when they visit the billing department to pay their bill, change service or discuss their bill with billing staff. These activities began in . • January and have continued through the first part of May. The application form remains on the website and registration forms have been provided to all customers as part of their billings over the past three months. A newspaper article appeared in January of this year announcing the program. Our initial analysis indicated that the optimum operating point was at 15% participation. This means that approximately 1,300 customers would have to opt for the service to minimize the start up and ongoing costs of the program on a per customer basis. The participation percentage was predicated on bank charges for this service compared to savings to be achieved by automatic posting of payments. In addition, the 15% participation level was established on data from several banks that offer the service to Excel Energy and Reliant Energy customers. TCF Bank indicated that Excel Energy and Reliant Energy have 23% to 25% participation based on a monthly energy bill. TCF Bank representatives were confident that the 23% to 25% was sustainable because these energy bills were provided on a monthly basis. Our utility billing is quarterly and is less predictable than the monthly billings from Excel Energy and Reliant Energy because of winter versus summer water usage. Bank representatives were confident that a 15% participation level would sustain the program. Anything less would make it a marginal endeavor for the City. The City of Lakeville has a current participation level of 15% and has been offering the service for nearly two years. The initial sign up resulted in nearly 7% to 8% participation and the program has grown steadily over the next 12 months. Lakeville has a customer base of more than 14,000 customers. • • We have now billed all six cycles that included a sign -up form for the program in the quarterly billing. The response has been less than anticipated. Billing Cvcle No. Number of Customers Number of Responses 1 1807 38 2 1428 40 3 1294 32 4 995 32 5 1668 54 6 1733 40 Total 8925 245 Including the most recently billed cycle, Cycle No. 4, the response has been about 2.7% for all customers made aware of the program. We have tracked the source of responses and found that nearly all have been to the application form included with the utility billing. Several applications have come as a result customers using the form provided in the "City Watch" or the form from the City's web site. Costs, based on an agreement with Wells- Fargo, would average $ .50 per customer at the 15% participation level. At the current level of participation, 2.7 %, the cost per customer • would be $1.12. Our fee for this service was established at $ .50 per customer and predicated on the 15% participation level. Council's directive, based on the recommendation of the Financial Commission, was to terminate the program if participation did not reach 15% by the end of the first year. The program would have to increase five -fold if we were to reach that goal by March of next year. It seems clear that we will not reach that goal based on the responses to date. It is our recommendation that the program be terminated and that all customers submitting application forms be notified of the program termination before the next billing cycle. We have attached a resolution providing that direction. • City Council Agenda Item No. llf T^{ i City of Brooklyn Center A Millennium Community • To: Mayor Kragness and Council Members ody, L asman Niesen and Pe pp e From: Michael J. McCaule City Manager i Date: May 22, 2003 Re: Preliminary Dispatch Study Chief Bechthold, Chief Boman, Patty Hartwig, and I participated in a meeting with several other cities and Hennepin County regarding dispatch services. The consensus at the meeting was that it would be beneficial to conduct a preliminary feasibility study of dispatch consolidation for the participating communities. The attached materials describe the process that is being developed to conduct a preliminary feasibility study. I would recommend that we participate in the preliminary feasibility study. A price has not been determined for this study and we would evaluate actually participating in the study after the proposals have been received and a specific commitment would be required. Attached also is a communication received by Mayor Kragness from the Mayor of • Minneapolis regarding Minneapolis dispatch services. I would intend to have Chief Bechthold follow up on that communication to develop all potential options. I i i X6'301 Shingle Creek Parkway Recreation ea on and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org CITY OF ST. LOUIS PARK May 18, 2003 Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Michael, At our meeting on April 23, 2003, we determined that next steps included a preliminary feasibility study for dispatch consolidation. St. Louis Park has developed an RFP for this study and attached a copy for your review. The participants in the April 23` meeting made it clear that they would like to see this • process move along quickly. The timetable laid out in the RFP is very aggressive. However even at that we would not be completed with this preliminary phase until October. The City of St. Louis Park is willing to take the lead in handling the business aspects of the RFP and the contract for the feasibility study. However, we are not looking to have this be "our" process. Additionally, prospective consultants will want to know who they are working for and how they are getting paid. Hence we are asking you to provide us with a signed letter of intent. The purpose is to indicate who is willing to participate in the cost of the stud as well as with staff resources. While final commitment is expected y e pec to come in the form of an agreement between the participating cities at the time a consultant agreement is signed, we would expect the letter of intent to be a good faith indication that your city intends to participate in the agreement. We have not discussed how the cost of the study will be shared and that can be decided before entering into a contract but we would suggest that all participants share equally in the. cost. We have also attached a list of potential consultants. At the meeting on April 23r we requested that you contact us with anyone you wanted on the list. Please provide us with any such names by June 3r Please review the RFP and provide any comments along with your letter of intent by June 3, 2003. Your feedback will be considered for inclusion • in the final version that will be sent to a consultant list on June 4, 2003. The letter of 5005 Minnetonka Boulevard St Louis Park, Minnesota 55416 -2290 Phone: 612-924-2500 Fax: 612-924-2170 Printed ort recycled and necyclable paper intent will also specify your city's "point person" for this project. Comments, including • suggestions for consultants, should be directed to: Heather Alex St. Louis Park Police Department 3015 Raleigh Av. S St. Louis Park, MN 55416 halex(a,stlouisnark. ors Thank you for your participation. * Since yer, City Manager Cc: Consolidation Project Distribution List • RFP 1 • CITY OF ST. LOUIS PARK REQUEST FOR PROPOSAL FOR CONSULTING SERVICES ASSESS POTENTIAL FOR CONSOLIDATED 911 DISPATCHING SERVICES • HEATHER M. ALEX PSAP MANAGER ST LOUIS PARK POLICE DEPARTMENT 3015 RALEIGH AV S ST LOUIS PARK, MN 55416 952- 924 -2122 952 - 924 -2676 (FAX) halexna tlouispark.ore • 1 RFP 2 • OVERVIEW The City of St. Louis Park, MN, on behalf of an interest group consisting of the cities of St. Louis Park, Golden Valley, Edina, Minnetonka, Bloomington, Brooklyn Center, Richfield, Hopkins and Hennepin County, is seeking proposals from qualified individuals or teams to evaluate the potential for consolidation of 911 dispatching services. BACKGROUND St. Louis Park, Edina, Minnetonka, Bloomington, Brooklyn Center, Hopkins, Richfield and Hennepin County operate separate Public Safety Answering Points (PSAPs). Golden Valley currently contracts with St. Louis Park for dispatching services. The cities are suburbs of the Twin Cities metropolitan area, and most share borders with the others as well as the City of Minneapolis. All are located within Hennepin County whose area includes portions of the metropolitan area. Each city operates its own police and fire department. Edina operates its own ambulance service, while the others are provided EMS services by Hennepin County EMS or North EMS. The cities operate separate public safety radio systems. Richfield is part of the Regional 800 • MHz Radio System as an independent PSAP on the Hennepin County subsystem. The other cities have various radio systems and several are in the planning stages of migrating to the Hennepin County subsystem. With the exception of Hopkins, the cities are members of a consortium (LOGIS) that provides information and data services including shared CAD, RMS and MOBILE applications. Please note that while Edina is a member of LOGIS, it currently does not subscribe to the LOGIS CAD, RMS, and MOBILE applications; rather, it has stand -alone systems. Hennepin County Sheriffs Department operates a consolidated PSAP located in the City of Golden Valley, MN that provides dispatching services for a number of communities in Hennepin County. Hennepin County operates a subsystem of the Regional 800 MHz Radio System. The City of Minneapolis operates a PSAP located in downtown Minneapolis and also operates a subsystem of the Regional 800 MHz Radio System. A reduction in Local Government Aid (LGA) dollars for FY 2003 and 2004 as a result of pending state legislative action aimed at balancing the state budget is a catalyst for developing strategies that could minimize the adverse impacts of reduced operating revenues to residents and customers. Other issues impacting dispatching operations include radio interoperability, mutual aid agreements and staffing. The cities and Hennepin County met in April of 2003 to discuss the potential for consolidation. A table listing the issues brought forward at the meeting is included as Attachment A. As a result of that meeting, a suggestion was made to conduct an initial feasibility study so cities will have sufficient information to make a decision about whether or not to pursue consolidation. • 2 RFP 3 • SCOPE OF WORK The level of effort devoted to this assessment will: A. Provide a thorough understanding of each PSAP /agency's current structure, operation and environment, B. Examine other existing resources including Hennepin County Sheriffs Communications and Minneapolis Emergency Communications, C. Identify opportunities for and obstacles to consolidation, D. Develop options for consolidation and measure the feasibility those options in light of the opportunities and obstacles identified by way of a cost/benefit analysis that includes: • Assessment of PSAP /agency missions and service goals, and • Analysis of impact on the community and service levels, and • Governance options E. Provide the cities with a recommended Plan t nded 1 n of Action that directs future steps. • PROJECT MANAGEMENT The cities will name a Project Manager to manage the project. The project manager will provide regular progress reports to the cities designated contacts. The project manager will give direction, review and respond to reports and information provided by the consultant team. PROPOSAL SUBMISSION REQUIREMENTS To be considered for this contract, qualified individuals or teams shall submit six (6) copies of the proposal; the format and content of which shall be as follows: A. Format: 8.5" x 11 ", bound B. Content: 1. Cover letter with statement of interest 2. Table of Contents 3. Project Understanding and Approach 4. Scope of Services: to include an outline of specific tasks, deliverables and respective city and consultant team responsibilities 5. Team: Explanation of team structure and members, including subconsultants, plus qualifications and experience of key team members 6. Project Schedule identifying specific tasks and project milestones and consistent with need to complete assignment by October 10, 2003. • 7. Fees: Total and task -by -task breakdown of consultant level of effort necessary to carry out the Scope of Services presented in the proposal 3 RFP 4 8. Experience: No more than four (4) examples of directly related project experience • 9. References: Names, addresses and phone numbers, and e-mail addresses of three (3) clients for whom similar projects have been completed within the last 36 months 10. Any other information pertinent to the proposed project 11. All proposals, questions and correspondence should be directed to: Heather M. Alex St. Louis Park Police Department 3015 Raleigh Av. S. St. Louis Park, MN 55416 952 - 924 -2122 halex(a,stlouisoark.orq SELECTION PROCESS & PROJECT TIMELINE A. Proposals in response to this RFP must be received by 4:30 p.m., June 20, 2003. B. A short list of candidate firms will be identified by July 3, 2003. C. Interviews tentatively scheduled for the week of July 14, 2003. D. City Council authorizations to execute contract tentatively scheduled for August 4, 2003 E. Consultant under contract and commencing work by August 18, 2003. F. Conclusion of project, including presentations to cities, by October 10, 2003. CONTACT PERSON • Questions regarding this Request for Proposal should be directed to Heather Alex St. Louis Park Police Department 3015 Raleigh Av. S St. Louis Park, MN 55416 952 - 924 -2122 halex(a.stlouisr)ark.orq In order to ensure a fair review and selection process, firms submitting proposals are prohibited from contacting any other city / county staff or city council / county board members regarding these proposals. ATTACHMENTS A: Consolidation Worksheet B: PSAP Resource List • 4 RFP 5 Attachment A • Consolidation of Dispatch Services - Challenges and Opportunities �:i.��.�.'��� ...:�?^ $r"�� :4%?"vi a� $'. �an � .� ?..'�< s ..a e Staffing Cost effective Do we share RMS, ,• y, Timing for Legislative Jail Cities want Who will Mobile, CAD? implementat pressure for more than control? ion consolidation minimum service PSAP # Cost of Inter-operability Perception that Central location County's Organization of reductions county with mutual aid Henn Co will for jail purposes CAD is joint effort provided agencies take over really good service dispatch for cities Hard to find Where is the What agencies are Control issues Edina Unique Examine joint qualified county on on 800 mhz committed to needs of board for personnel for fees 800 mhz; with cities under dispatch service dispatch own dispatch joint center dispatch Opposition Economies of Technology Will legislature Maximize use Local Accountability from police scale can be changing quickly so force PSAP of dispatch control for operations and fire realized with worth working combination center issues hard critical personnel consolidated together to value efforts County user Costs Council wants Edina wants to Are we Problems with • fees to maintain sell dispatch ready to communication control because services give up between fire an of concerns territoriality police over responsiveness Resources MRB, 800 mhz, SLP Council Different Equal level Should we look limited 700 mhz endorses policies for of service? at a LOGIS consolidation prisoners/holdin model? g facilities Budget cuts Inter-operability and County too Long term cost big for decision, not future short term to dispatch save money no Focus on best MDT vs. MCD Fire may long term feel needs financial aren't met solution Can't separate Customer dispatch from 800 service mhz upgrade Does technology Call help understand screening to individual cities and determine unique dispatch service need services CrimNet • RFP 6 • ATTACHMENT B PSAP RESOURCE LIST Does not include Hennepin County Sheriffs Communications or Minneapolis Emergency Communications PSAP Resource List Agency Population Square Mi I Dispatchers I Supervisors Calls for Service 2002 Bloomington 85,172 381 131 1 46,9451 Brooklyn Center 29,180 8.51 61 30,314 Edina 1 47,4251 161 81 1 31,145 Hopkins. 17,250 4 5.5 1 Minnetonka 51,420, 28 8' 1 35,971 Richfield 34,8761 71 7.51 36,5001 St. Louis Park/Golden Valley + 64,9671 211 101 11 55,644 Total: 1 330,2901 122.91 581 51 189,5741 Golden Valley 1 20,3911 10.51 21,865 • • 6 • VENDOR LIST Dispatch Consolidation Feasibility Study Craig Rapp Springsted & Associates Craig Rapp Consulting, Inc. 85 East 7 Place Suite 100 3208 W. Lake St. #100 St. Paul, MN 55101 Minneapolis, MN 55416 Paul Linnee Paul A. Reaume Vice President Communications The PAR Group GeoComm 100 N Waukegan Rd. Ste 211 605 West St. Germain St. Lake Bluff IL 60044 -1694 St. Cloud, MN 56301 Ehlers & Associates, Inc. 3060 Centre Pointe Drive APCO and NENA Roseville, MN 55113 RFP Web Posting Service J. Jeffrey Nelson PSC Alliance 4921 Fifth Avenue S. • Minneapolis, MN 55409 • • Letter of Intent Dear City of St. Louis Park: It is the stated intent of the City /County of to participate in the preliminary feasibility study for the consolidation of public safety dispatching services for which the City of St. Louis Park is currently conducting a request for proposals. I understand that, at the completion of the RFP process, the City of St. Louis Park plans to enter into an agreement with the selected consultant for the purpose of conducting the study. It is our intent to concurrently enter into an agreement with St. Louis Park to participate in the study and pay our city's proportionate share of the cost of said study. The person designated to represent our city in the consultant selection, the business issues related to participating in the study and coordinating the efforts for the study process is: Name: Address: • Phone: Email: Sincerely, Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 • 05/21/2003 21:56 6125619785000 KRAGNESS PAGE 01 . I Minneapolis May 19, 2003 ,„ City of takes Office of the Mayor R. T. Rybak Mayor Myrna Kragness Mayo` City of Brooklyn Center 350 south 5th Street - Room 331 3401 63rd Ave. N. Minneapolis MN 55415.1343 Brooklyn Center, MN 55429 Office 612 673 -2100 Fax 612 673 -2305 TTY 612 673 -3187 Dear Myrna: In these days of tough financial decisions I suspect you may be 1011316119 at everything from service streamlining to service elimination. One service that cannot be eliminated, but might be streamlined, is public safety dispatching. 1 believe 1 may have an alternative for you that would provide cost effective delivery of dispatching services for your community. It has come to my attention that the Minneapolis Emergency Communications Center (MECC) has excess capacity; it was recently • renovated anticipating growth mid currently has about 10 empty work positions at any given time. My 911 Director has indicated that hosting suburban 911 operations at the MECC site here at City Fall could create a win -win situation. We could save you a substantial portion of your dispatch budget; perhaps in the range of 40% - 50 %. I would like my staff to make contact with you or your representative to discuss this further. If you'd like to designate your representative and/or if you have some questions before this meeting, please feel free to call me or my 911 Director, John Dejung, at (612) 673 -5909. Good luck as you navigate through these tough financial times. Sincerely, R.T. Rybak Mayor City of Minneapolis • WWw,Ci.n11MB3p0113.rnn.Ub Affirmative Acilon Employer