HomeMy WebLinkAbout2002 06-10 CCP Regular Session a
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AGENDA
CITY COUNCIL STUDY SESSION
June 10, 2002
6:00 P.M.
West Fire Station Training Room
1. City Council discussion of agenda items and questions
2. City Council Proclamations
3. Miscellaneous
4. Adjourn
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and C cil Members Lasman, Nelson, Peppe, and Ricker
From: Michael J. McCauley
City Manager
Date: June 6, 2002
Re: Proclamations
Proclamations are placed on the City Council agenda generally because of one of the
following:
1. Request of Mayor or Council Member
2. Request of an organization
3. Recognition of
a. City employee
b. City Commission member
c. Contribution to City
d. Accomplishment of /by
i. A resident
ii. School serving Brooklyn Center
iii. City employee
iv. Brooklyn Center organization
In addition to proclamations, recognition is sometimes incorporated into a formal
resolution of the City Council.
Cities handle proclamations in various ways. Some do not put the proclamation on the
agenda and the Mayor simply signs those proclamations that she /he wishes to sign.
To follow -up on last meetings discussions, there are a number of considerations in the
adoption of recognition/proclamation:
1. Participation in national efforts
a. Directly related to municipal issues
i. National League of Cities
b. Related to national non- profit campaigns
i. Various health issues
1. cancer
2. heart disease
c. Other
6301 Shin g le 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
2. Participation in state efforts
a. Directly related to municipal issues
i. League of Minnesota Cities
ii. Association of Metropolitan Municipalities
iii. North Metro Mayors Association
b. Related to state non - profit campaigns
i. State health issues
1. cancer
2. heart etc.
3. Participation in local /area efforts
a. Related to local non - profit campaigns
i. Cancer walk
4. Direct City recognition/event
a. Earle Brown Days
b. Local person being honored
Attached are lists of the proclamations and resolutions (recognizing people or events)
prepared by Ms. Knutson. These lists indicate that the Council adopted:
Year: 2000
- 16 proclamations
Year: 2001
- 18 proclamations
- 19 resolutions
Year 2002 to date
- 13 proclamations
- 11 resolutions
Most of the adopted resolutions relate to City employees, civic groups, Commission
members, or community service /donations in Brooklyn Center. Many of the
proclamations are also related to the same topics. There are some proclamations falling
into the national /state areas, some municipal and some general in nature.
City Brookl n ent er
t f C
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Proclamations 2000 — 2002
2000
1. Declaring Census 2000 as a Top Priority for All Elected and Appointed Officials
2. Declaring April 8, 2000, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center
3. Declaring April 22, 2000, Earth Day in Brooklyn Center
4. Declaring April 28, 2000, Arbor Day and May 2000 Arbor Month in Brooklyn Center
5. Declaring May 21 -27, 2000, Public Works Week in Brooklyn Center
6. Declaring May 11, 2000, to be Equal Pay Day
7. Declaring Support for Robbinsdale Area Schools Community Reading Partnership — Reach Out
and Read
8. Declaring October 28, 2000, as Make a Difference Day
9. Declaring September 2000 as Prostate Cancer Awareness Month
10. Declaring the Week of September 17 Through 23, 2000, as Constitution Week
11. Declaring October 2000 as National Breast Cancer Awareness Month
12. Declaring October to be Violence Prevention Month and October 12, 2000, to be Turn Off the
Violence Day
13. Declaring October 16 Through 20, 2000, as National Business Women's Week
14. Declaring October 22 -28, 2000, as World Population Awareness Week
15. Recognizing Veterans Day, November 11, 2000
16. World Aids Day — December 1, 2000
2001
1. Declaring February 20001 as We Care About Kids Month
2. Declaring April 8 -14, 2001, National Public Safety Telecommunications Week
3. Declaring April 15 Through 22, 2001, as Days of Remembrance
4. Declaring April 27, 2001, Arbor Day and May 2001 Arbor Month in Brooklyn Center
5. Declaring May 5, 2001, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center
6. Declaring May 20 Through 26, 2001, as Save a Life Week
7. Declaring May 13 Through 19, 2001, as Police Week
8. Declaring May 20 -26, 2001, Public Works Week in Brooklyn Center
9. Declaring August 5, 2001, as National KidsDay
10. Declaring June 21, 2001, to be Ernee McArthur Day
11. Declaring July 15 Through 21, 2001, to be Community Activities, Recreation and Services Week
12. Declaring September 2001 as Prostate Cancer Awareness Month
13. Declaring September 2001 to be National Alcohol and Drug Addiction Recovery Month
14. Declaring September 16 Through 22, 2001, to be Fiscal and Support Services Week
15. Declaring October 14, 2001, to be Honor - Our - Police Sunday
16. Declaring October 21 Through 27, 2001, as World Population Awareness Week
17. Declaring October 2001 as National Breast Cancer Awareness Month
18. Declaring October 7 Through 13, 2001, to be Administrative Services Week
2002
1. Declaring January 21, 2002, as Martin Luther King, Jr. Day
2. Declaring February 2002 We Care About Kids Month
3. Declaring March 2002 as Minnesota FoodShare Month in Brooklyn Center
4. Declaring April 2002 Child Abuse Prevention Month
5. Declaring April 14 Through 20, 2002, National Public Safety Telecommunications Week
6. Declaring April 13, 2002, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center
7. Declaring April 7 Through 13, 2002, to be Community Development Week
8. Declaring April 26, 2002, Arbor Day and May 2002 Arbor Month in Brooklyn Center
9. Declaring May 13 Through 20, 2002, as D.A.R.E. Awareness Days
10. Declaring May 28, 2002, to be "Orchard Lane Elementary Day" and "Willow Lane Elementary
Day" in the City of Brooklyn Center
11. Declaring May 19 -25, 2002, Public Works Week in Brooklyn Center
12. Declaring May 12 -18, 2002, as Police Week
13. Declaring May 31, 2002, as World No Tobacco Day
City of Brooklyn Center Proclamations 2000 -2002 Page 2
City of Brooklyn Center
Recognition Resolutions 2001 -2002
2001
1. Resolution Expressing Recognition and Appreciation of Debra Hilstrom for Her Dedicated
Public Service as Council Member
2. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City
Advisory Commissions
3. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Jerry
Olson
4. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of
David Fisher
5. Resolution Expressing Appreciation of the Gifts of the Brooklyn Center Lions Club in Support of
our Earle Brown Days Parade and Sunday in Central Park Activities
6. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA
7. Resolution Congratulating the Brooklyn Center Police Explorer Post 888
8. Resolution Expressing Recognition and Appreciation for the 21 Years of Dedicated Public
Service of Barbara Johnson with the City of Brooklyn Center
9. Resolution Expressing Recognition and Appreciation for the 26 Years of Dedicated Service of
Sergeant David Grass with the City of Brooklyn Center
10. Resolution Commending Safety Patrols at Willow Lane Elementary School
11. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of
Robert Neuenfeldt
12. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of
Our Earle Brown Days Junior Golf Tournament
13. Resolution Expressing Appreciation for the Volunteer Efforts of Target Employees at the Eugene
Hagel Arboretum
14. Resolution Recognizing and Commending the Winners of the 2001 Landscape and Garden
Contest
15. Resolution Extending Support and Offering Condolences for the Tragic Loss of Lives Caused By
the Attacks on the World Trade Center and The Pentagon and By the Airplane Crash in
Pennsylvania
16. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support
of Our Halloween Party and Safety Camp Activities
17. Resolution Expressing Recognition For and Appreciation of the Public Service of Organizations
Participating in Brooklyn Centers Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs
18. Resolution Expressing Recognition For and Appreciation of Fair Oaks Elementary School for
Participating in the Random Acts of Kindness Program
19. Resolution Recognizing Joel Downer in Appreciation for his Dedicated Public Service to the
City of Brooklyn Center
2002
1. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Les
Thurs
2. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of David
Anderson
3. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City
Advisory Commissions
4. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of
Our Family Fun Day Activities
5. Resolution Recognizing Diane Spector in Recognition and Appreciation of Her Service to the City of
Brooklyn Center
6. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City
Advisory Commissions
7. Resolution of Appreciation for Volunteer Service to North Hennepin Mediation Program
Incorporated
8. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA for the Tenth
Consecutive Year
9. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of
Arbor Day Activities
10. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Fire Relief Association in
Support of the Adopt- A- Park/Trail /Street Program
11. Resolution Congratulating the Brooklyn Center Police Explorer Post 888
City of Brooklyn Center Recognition Resolutions 2001 -2002 Page 2
Public Copy
CITY COUNCIL MEETING
City of Brooklyn Center
June 10, 2002 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
- Council Members not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. May 28, 2002 - Study Session
2. May 28, 2002 - Regular Session
b. Licenses
C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
d. Resolution Approving Final Plat, HC BROOKDALE (Hennepin County Regional
. Center)
CITY COUNCIL AGENDA -2- June 10, 2002
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e. Resolution Approving Change Order No. 1, Improvement Project Nos. 2002 -05,
06, and 07, Garden City South Street, Strom Drainage and Utility Improvements
8. Planning Commission Items
a. Planning Commission Application No. 2002 -006 Submitted by Westbrook
Development, Inc. Request for Rezoning and Development Plan Approval Through
the Planned Unit Development (PUD) Process for the Development of a 34,228 sq.
ft., Four Building, Mixed Use Commercial /Retail Development at the Northeast
Quadrant of 69th and Brooklyn Boulevard.
1. Resolution Regarding Disposition of Planning Commission Application No.
2002 -006 Submitted by Westbrook Development, Inc.
- Requested Council Action:
- Motion to approve resolution regarding disposition of Planning Commission
Application No. 2002 -006 submitted by Westbrook Development, Inc.
b. Planning Commission Application No. 2002 -007 Submitted by Westbrook
Development, Inc. Request for Preliminary and Final Plat Approval to Subdivide 5.6
• Acres of Land at the Northeast Quadrant of 69th and Brooklyn Boulevard Into Four
Lots.
1. Resolution Approving Final Plat, JOHNCO ADDITION (69 and
Brooklyn Boulevard)
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (NE Quadrant of 69th and Brooklyn
Boulevard).
-Requested Council Action:
- Motion to approve Planning Commission Application No. 2002 -007 subject
to the conditions recommended by the Planning Commission.
- Motion to approve resolution approving final plat, Johnco Addition (69th
and Brooklyn Boulevard).
- Motion to approve first reading of ordinance amending Chapter 35 of the
City Ordinances regarding zoning classification of certain land (NE quadrant
of 69 and Brooklyn Boulevard) and set second reading and public hearing
for July 8, 2002.
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CITY COUNCIL AGENDA -3- June 10, 2002
9. Council Consideration Items
a. Resolution Recognizing Eric Roisum in Appreciation of His Service to the City of
Brooklyn Center
-Requested Council Action:
- Motion to adopt resolution.
b. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club
in Support of the Earle Brown Days Junior Golf Tournament
-Requested Council Action:
- Motion to adopt resolution.
C. Resolution Authorizing the Execution of a Joint Cooperation Agreement Between the
City of Brooklyn Center and Hennepin County for Participation in the Urban
Hennepin County Community Development Block Grant Program in FY 2003 -2005
- Requested Council Action:
- Motion to adopt resolution.
d. Fireworks Discussion
• - Requested Council Action:
- Discussion and direction.
e. Code Enforcement Report
- Requested Council Action:
-None, report only.
f. Preliminary Report on May Mobilization Traffic and Safety Saturation
- Requested Council Action:
-None, report only.
g. Resolution Ordering the Correction of Hazardous Conditions Safety and Health
Hazards and Other Ordinance and Statutory Violations With Respect to Those
Apartment Buildings Located at 2802, 2806, 2810, 2814, 2818, 2822, 2826, 2830,
2834, 2838, 2900, 2904, 2908, 2912, 2916, 2920, 2924, 2928, 2932, 2936, and 2940
Northway Drive, Brooklyn Center, Minnesota 55430 Legally Described as Tract B,
Registered Land Survey No. 1186 Hennepin County, Minnesota
-Requested Council Action:
- Motion to adopt resolution.
10. Adjournment
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City Council Agenda Item No. 7a
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• MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MAY 28, 2002
WEST FIRE STATION — TRAINING 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 Kay Lasman. Ed Nelson, Bob Peppe, and Tim Ricker.
Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, and
Deputy City Clerk Maria Rosenbaum.
CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Nelson questioned agenda item l Ob, Proclamation Declaring May 31, 2002, as
World No Tobacco Day, and if this proclamation was repeating the proclamation declaring D -Day.
City Manager Michael McCauley informed the Council that it was a bit different.
Mr. McCauley informed the Council that the Economic Development Authority agenda had been
revised adding 4b, Motion to Approve Extension for Real Estate Closing on 69" and Brooklyn
Boulevard from May 31, 2002, to June 11, 2002. This item is requesting an approval for an
extension on the closing date under the development agreement.
Councilmember Lasman questioned if the groundbreaking event for Culvers would still be on June
10, 2002, and the anticipated open date. Mr. McCauley informed the Council that the
groundbreaking event would continue as planned on June 10, 2002, and that he was unsure about the
opening date for business.
CULTURAL DIVERSITY RECOGNITION
Mr. McCauley outlined the materials provided in the Council packets and reviewed some ethnic
websites. He discussed that articles could be developed for the City Watch and City Web Site
identifying activities that may be scheduled in this part of the Metropolitan Area in connection with
the various heritage months. The process could begin this year with providing various links to State
resources and the development of an annual plan identifying how the City would proceed to include
all of the major heritage months and community events during 2003.
•
05/28/02 -1- DRAFT
Councilmember Lasman indicated that she believes this would show that Brooklyn Center is moving •
forward and taking initiative with human rights.
Mayor Kragness stated that she would like to see this effort be undertaken, and suggested a
telephone number be provided in the City Watch for those who do not have access to a computer.
Councilmember Peppe questioned the staff time that would be involved. Mr. McCauley discussed
that the links to the various sites would be the key resource and that the staff time for Brooklyn
Center would be minimal.
Councilmember Lasman suggested that it be mentioned in the City Watch that some libraries have
computers for those people that do not have access to the Internet at home.
Mayor Kragness questioned if this information could or would be shown on cable television. Mr.
McCauley discussed that if this development is undertaken cable television could be a source for
soliciting information.
Mr. McCauley indicated that he would pursue this development and bring the issue back to the
Council at a later date.
A motion by Councilmember Lasman, seconded by Councilmember Nelson to continue the Study
Session after the Informal Open Forum. Motion passed unanimously.
The Council reconvened the Study Session after the Informal Open Forum.
SOD POLICY
Mr. McCauley questioned if the Council felt that the sod policies and procedures was consistent
with expectations for the replacement of sod after street reconstruction projects.
Mayor Kragness stated that she believes there is adequate information submitted to residents on
how to deal with new sod, and suggested that when a construction project is finished later then
planned, the sod should be planted the following spring.
Councilmember Peppe indicated the Council needs to address the issue of the sod problems that
the City is facing.
Councilmember Lasman questioned if the information sent regarding new sod could be bolded to
indicate the importance of care that is needed. Mr. McCauley informed the Council that the
information sent indicates clearly the care that is needed for new sod.
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MISCELLANEOUS
There were no miscellaneous items discussed. •
05/28/02 -2- DRAFT
• ADJOURNMENT
A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the Study
Session at 6:59 p.m. Motion passed unanimously.
City Clerk Mayor
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05/28/02 -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 28, 2002
WEST FIRE STATION — TRAINING ROOM
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
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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 Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker.
Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers, City
Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum.
Rex Newman, 3107 61 Avenue North, addressed the Council to request that agenda item 10b,
Proclamation Declaring May 31, 2002, as World No Tobacco Day, not be adopted since tobacco
® products are legal. Mr. Newman believes that this is not a City matter and that the Council should
not adopt this proclamation.
ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Lasman, seconded by Councilmember Peppe to adj ourn the Informal
Open Forum at 6:59 p.m.
2. INVOCATION
Jon Heyer, Faith Formation, St. Alphonsus Church, offered the invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in Regular Session and was called to order by Mayor Myrna
Kragness at 7:01 p.m.
05/28/02 -1-
4. ROLL CALL is
Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker.
Also present were City Manager Michael McCauley, Assistant City Manager Jane Chambers,
Planning and Zoning Specialist Ron Warren, Police Chief Scott Bechthold, 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 following:
• April 25, 2002 -Northwest Hennepin Services Collaboration (Coffee for Kids)
• May 4, 2002 - Brooklyn Historical Meeting
• May 9, 2002 - Blueprint Meeting for Smart Growth and Reading and Writing at Garden City
Elementary
• May 14, 2002 - Town Meeting with Representative Hilstrom and Senator Scheid
• May 15, 2002 - Crime Prevention Meeting
• May 17, 2002 - Crime Prevention Fundraising Golf Tournament
• May 18, 2002 - Brooklyn Center Police Department Open House
She mentioned that Cable 12 would be covering the closure of Orchard Lane and Willow Lane
Elementary Schools on Channel 12.
Councilmember Peppe reported that he attended the Outstanding Achievement Awards Ceremony at
the Brooklyn Center Junior High School.
Councilmember Ricker reported that he attended the Housing Commission meeting on May 21,
2002.
Councilmember Nelson reported that he attended the Earle Brown Days Committee meeting on May
14, 2002, and that they continue discussing the Earle Brown Days events scheduled for June 27
through June 30, 2002.
Councilmember Nelson reported that he attended the Northwest Suburbs Cable Communications
Commission meeting and they had a concern with broadband cable modem service and no fees being
collected for Internet access.
Mayor Kragness discussed recent attendance at D.A.R.E. Graduations and commended all that are
involved with the program. She informed the Council that she attended a program to honor Veterans
on Memorial Day at the American Legion and encouraged the Council and audience to consider
attending this program next year.
05/28/02 -2- i
• Mayor Kragness discussed recent attendance at D.A.R.E. Graduations and commended all that are
involved with the program. She informed the Council that she attended a program to honor Veterans
on Memorial Day at the American Legion and encouraged the Council and audience to consider
attending this program next year.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the
agenda and consent agenda. Motion passed unanimously.
7a. APPROVAL OF MINUTES
There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the
minutes of the May 6, 2002, Board of Appeal and Equalization, and the May 13, 2002, study and
regular sessions. Motion passed unanimously.
7b. LICENSES
A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following
list of licenses. Motion passed unanimously.
• MECHANICAL
Alliant Mechanical Inc. 3650 Kennebec Drive, Eagan
Anderson Heating & A/C 4347 Central Avenue Northeast, Columbia Heights
Minnesota Heating & Air 10701 93rd Avenue North, Maple Grove
RENTAL
Renewal:
1200 67th Avenue North Tom Morrow
824 69th Avenue North Joseph Roche
5333 Brooklyn Blvd. Amy Lewis
7018 Brooklyn Blvd. Nelia Schaff
5235 Drew Avenue North Jay Nelson Battenberg
4214 Lakeside Avenue North James Shoultz
5242 Lakeside Place Brett & Terry Parker
Initial:
5707 Girard Avenue North Nita Morlock
7215 Girard Avenue North Rebecca Thomley
SIGNHANGER
Fish & LaBeau Signs, Inc. 3320 Winpark Drive, Crystal
Schad Tracy Signs 325 Minnesota Avenue North, Oronoco
• 05/28/02 -3- DRAFT
8. APPEARANCE
8a. EXECUTIVE DIRECTOR JOHN CONNELLY, MINNEAPOLIS METRO
NORTH CONVENTION AND VISITORS BUREAU
Executive Director John Connelly addressed the Council to provide an update on the Minneapolis
Metro North Convention and Visitors Bureau's achievements and goals. He discussed that they had
achieved what had been sent outlast year with the marketing plan and met the goals for 2001. They
are above expectations for 2002 and the market place is looking positive for the future even after the
September 11, 2001, events. Lodging taxes are six or seven percent less than last year since business
travel is down, as in most surrounding cities.
Mr. Connelly informed the Council that the following are happening in the City of Brooklyn Center:
• After Hours Reception at the Earle Brown Heritage Center
• Group Tour Planning
• Strategic Marketing with Brookdale
• Annual Showcase Event
• Community Festival of Earle Brown Days
Mr. Connelly met with the new owner of the Holiday Inn and reported that the Holiday Inn will be
operating as a Best Western as early as next week and that he is looking forward to working with the •
new owner.
Mr. Connelly discussed the strategic plan was reaffirmed and summarized his presentation by
recapping that the goals and fiscal guidelines are being met along with the programs being executed.
Councilmember Nelson questioned the breakdown of taxes. Mr. Connelly informed the Council that
there had not been a breakdown of taxes; however, he was certain of the direct return of $49,000
allocated strictly to the Earle Brown Heritage Center.
Councilmember Ricker questioned when the goals were set and the recent impacts that the cities are
facing. Mr. Connelly informed the Council that the goals had been set on September 12, 2001, and
that the marketing plan is used to estimate the percentages for each year.
9. PLANNING COMMISSION ITEM
9a. PLANNING COMMISSION APPLICATION NO. 2002-005 SUBMITTED BY
CSM LAKESIDE LIMITED PARTNERSHIP. REQUEST FOR SITE AND
BUILDING PLAN APPROVAL FOR A 10,384 SQ. FT., ONE STORY OFFICE
BUILDING AT 3280 NORTHWAY DRIVE
05/28/02 -4- DRAFT
Planning and Zoning Specialist Ron Warren briefly outlined Planning Commission Application No.
• 2002 -005 submitted by CSM Lakeside Limited Partnership requesting for site and building plan
approval for a 10,384 square foot one story office building at 3280 Northway Drive. The Planning
Commission recommended approval of this application at its May 16, 2002, meeting 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 and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and financial guarantee in an amount to be determined
based on cost estimates shall be submitted prior to the issuance of building permits
for this project.
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. 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 parking and driving areas.
9. The applicant shall provide an as built survey of the property, improvements and
utility service lines prior to the release of the performance guarantee.
10. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City Engineering Department.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve Planning
Commission Application No. 2002 -005 subject to the above listed conditions recommended by the
Planning Commission. Motion passed unanimously.
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05/28/02 -5- DRAFT
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10. COUNCIL CONSIDERATION ITEMS O
10a. RESOLUTION CONGRATULATING THE BROOKLYN CENTER POLICE
EXPLORER POST 888
Mayor Kragness read the resolution congratulating the Brooklyn Center Police Explorer Post 888
and had those in attendance stand for applause.
RESOLUTION NO. 2002 -71
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION CONGRATULATING THE BROOKLYN CENTER POLICE EXPLORER POST
888
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
10b. PROCLAMATION DECLARING MAY 31, 2002, AS WORLD NO TOBACCO
DAY
Councilmember Nelson stated that he had a concern about this proclamation and requested that the •
Council not declare May 31, 2002, as World No Tobacco Day.
Mayor Kragness discussed that she is a volunteer of the American Heart Association and feels that
this proclamation is worth declaring.
Councilmember Lasman stated that she believes the language "since 1988, the World Health
Organization has observed World No Tobacco Day annually on May 31 as the only global event
dedicated to raising awareness about the dangers of tobacco use and promoting a tobacco -free
environment ", would be an adequate reason to adopt this proclamation.
Councilmember Ricker indicated that he would support the proclamation and suggested an action
plan in the future for proclamations.
A motion by Councilmember Lasman, seconded by Councilmember Ricker to adopt Proclamation
Declaring May 31, 2002, as World No Tobacco Day. Motion passed unanimously.
loc. REPORT ON LIQUOR COMPLIANCE CHECKS
Mr. McCauley reported that during the recent liquor compliance checks there were five failures
reported and one of the five establishments that had failed was Centerbrook Golf Course.
05/28/02 -6- DRAFT
• Mr. McCauley informed the Council that the sale of alcoholic beverages had been suspended for
eight days and that a poster had been placed at Centerbrook Golf Course indicating that no sales for
alcoholic beverages were available during the period of May 22 through 29, 2002. It was indicated
on the poster that this time would be used to provide refresher training for all staff regarding alcohol
sales. All employees were required to receive alcohol sales refresher training provided by the Police
Department. No decision had been made with respect to disciplinary actions and the employee who
made the sale was criminally charged.
Police Chief Scott Bechthold discussed the process used for compliance checks which takes place
twice a year and that this time around they used a 20 year old male for the decoy. He informed the
Council that the criteria in the past had been to use common sense and that when in doubt, card the
individual. Mr. Bechthold discussed that he will be working with all liquor establishments in the
City and requiring them to attend training that the State offers.
10d. RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS EASEMENT
WITH WESTBROOK DEVELOPMENT
Mr. McCauley discussed that this resolution would authorize the execution of an access easement
with Westbrook Development to allow access to the retail center from 69 Avenue. The proposed
access maximizes the distance from the intersection of Brooklyn Boulevard and aligns with a
driveway access on the side of 69` Avenue.
• RESOLUTION NO. 2002 -72
Councilmember Peppe introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS EASEMENT WITH
WESTBROOK DEVELOPMENT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
10e. CULTURAL DIVERSITY DISCUSSION
Mr. McCauley outlined a proposal that related to City Council Goal 1 of the 2002 City Council
Goals. The proposal would be to establish a section in the City's website with information regarding
the many resources available about the diverse ethnic groups that comprise the City. Links could be
established to specific websites that offer such resources. Mr. McCauley demonstrated links to
Mankato State University and the Chicano - Latino Affairs Council. The proposal would also involve
highlighting information regarding Brooklyn Center, both historical and current that would reflect its
cultural diversity and the contributions of various groups and individuals.
• 05/28/02
-7- DRAFT
Another concept would result in including information on the website and in the City Watch on •
events open to the public that celebrate various ethnic and cultural traditions and events. More
specific information on proposed means of implementation will come back for Council review.
11. ADJOURNMENT
There was a motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the
City Council meeting at 8:02 p.m. Motion passed unanimously.
City Clerk Mayor
05/28/02 -8- •
8 DRAFT
•
City Council Agenda Item No. 7b
City of Brooklyn Center
A Millennium Community
* �T
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Dep City Clerk
P Y Y
DATE: June 5, 2002 A�
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 June 10, 2002.
AMUSEMENT DEVICE OPERATOR
Americinn Motel and Suites 2050 Freeway Boulevard
Brooklyn Center Community Center 6301 Shingle Creek Parkway
Brooklyn Center Legion 6110 Brooklyn Boulevard
Chi -Chi's 2101 Freeway Boulevard
Chuckwagon Grill 5720 Morgan Avenue North
Comfort Inn 1600 James Circle North
Davanni's 5937 Summit Drive
• Earle Brown Bowl Lanes 6440 James Circle
Family Dollar 2105 North 57"' Avenue
Ground Round 2545 County Road 10
Holiday Inn North 1501 Freeway Boulevard
MCTO 6845 Shingle Creek Parkway
Scoreboard Pizza 6816 Humboldt Avenue North
Thunder Alley 5930 Earle Brown Drive
MECHANICAL
Architect Mechanical, Inc. 105 Old Highway 8, New Brighton
Flare Heating 9303 Plymouth Avenue North, Golden Valley
Schadegg Mechanical, Inc. 225 Bridgepoint Drive South. St. Paul
RENTAL
Renewal:
1200 67th Avenue North Tom Morrow
5347 Penn Avenue North Joyce A. Lillie
Initial:
5308 Russell Avenue North Donna M. Reinarz
SIGNHANGER
• Spectrum Sign Systems 5680 Flint Trail, Wyoming
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
City Council Agenda Item No. 7c
• MEMORANDUM
DATE: June 5, 2002
TO: Michael J. McCauley, City Manager
FROM: Joyce Gulseth, Public Works Administrative Aide
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The attached resolution represents the official Council action required to expedite removal of the
trees most recently marked by the City tree inspector, in accordance with approved procedures.
It is anticipated that this resolution will be submitted for council consideration each meeting
during the summer and fall as new trees are marked.
• Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared to be a
public nuisance:
• TREE
PROPERTY OWNER PROPERTY ADDRESS NUMBER
---------------------------------------------------------------------------------------------
MERLE & PATRICIA GRIFFITH 6033 GIRARD AVE N 5
AMBROSE LEWANDOWSKI 3313 QUARLES RD 6
DONNA LOGAN 5303 KNOX AVE N 7
NENG THAO & YOUA HER 39126 IST AVE N 8
GERALD & RENEE STANISLAWSKI 461955 T " AVE N 9
JEROME & GERTRUDE JOHNSON 5012 EWING AVE N 10
GORDON CARRIGAN 5659 KNOX AVE N 11
ALVIN & GERALDINE WINTERS 4107 JOYCE LANE 12
2. After twenty (20) days from the date of the notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to
contest the determination of the City Council by requesting, in writing, a
hearing. Said request shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s)
shall be removed by the City. All removal costs, including legal, financing, and
administrative charges, shall be specially assessed against the property.
•
• RESOLUTION NO.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
City Council Agenda Item No. 7d
MEMORANDUM
DATE: June 6, 2002
TO: Michael McCauley, City Manager
FROM: Todd Howard, City Engineer
SUBJECT: Resolution Approving Final Plat, HC BROOKDALE
In the spring of 2000, the City Council approved the Preliminary Plat for the Hennepin County
Regional Service Center. Clark Engineering Corporation on behalf of Hennepin County has
submitted an application for final platting. Council action is necessary to approve the final plat.
The improvements to the Hennepin County project were delayed in 2001, but work on the
facility has started again this spring. As required by the City, the County is combining two
parcels of land into a single parcel to accommodate the expansion of the Hennepin County
Regional Service Center that is located at 6125 Shingle Creek Parkway. A copy of the
proposed final plat is attached.
The Plat of HC BROOKDALE is recommended for final approval.
•
• adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT, HC BROOKDALE
WHEREAS, the City Council in the spring of 2000 approved the Preliminary Plat of HC
BROOKDALE; and
WHEREAS, Clark Engineering on behalf of the owner Hennepin County, has applied for
Final Plat approval as required by City Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the final plat for HC BROOKDALE is hereby approved subject to the
following conditions:
1. Any additional requirements of the City Engineer or City Attorney.
2. Any additional provisions of Chapter 15 of the City Ordinances.
3. Any other conditions of Hennepin County as required.
0
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.
•
HC BROOKDALE R.T. DOC. NO-
J�
E', 0 C K
A Vi R P
lop
008.41
D D 1 T 1 0 N
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SCALE N FEET
SHEET 2 OF 2 SHEETS
• • o
R.T. DOC. Nc)
HC BROOKDALE
KNOW ALL PERSONS BY THESE PRESENTS; That Count
y of Hannayyi a Minnesota polite eel BROOKLYN CENTER. MINNESOTA
vbdiv[aion, awneY s d prop of the following described property •Rusted in the
County of Heaaepin. State } Minnesotn, to wit: This plat of HC SROOKDALE a pp ved e d o ptad by the City Council of Brooklyn Center,
Minnesota, at a regular nn sting thereof held this day } A.D. 20__. If
Tract A. Re letared Lend Surv< No. 1543 ppllcable, the w ittnn cos »nts and r ndetlona o} the Comnlaeioner t Transportation a d the
g y Covnly tliehwey En In aer brave been r ved bra the City or the pp lbed 30 day pperSod hee slaps d
.1 boat r oalpt o� such co�anta and de tlona, ae provided by III nn. 9tatutev Sect/on 505.03,
Together with Subd. 2.
Lot 1, Block 1. A ,rp Additloa. (Registered Property) CITY COUNCIL OF BROOKLYN CENTER. Y1 NN$SOTA
Has caused the — to be evry eyed and platted as HC BROOKDAL$. By Mayor City Yennger
In wits ens whereof :aid Coda ty of Heanspin, Minnesota polftioel vubdivtaion, hes oauced
these preasnta to be signed by
it preper officers this day of
20_____.
TAXPAYER SERVICES DEPARTMENT, Hennepin County, YSnnesots
By Ste I hereby artily that Lases payable in 20 and prior YY re b— bean paid for land deacr ibed
on this plat. etas tnia of E
By Its Petrick H O'Connor, Hennepin County kudttor
STATE OF MINNESOTA
COUNTY OF —___ BY Deputy
The foregoing lnetrumant was acknowledged before se this day of 20_ and Haan spin, a Mipnesota political suDdivls loa. on behalf 01 the o tion, o} the County nT
orpore SURVEY DIVISION, Hennepin County, Minnesota
Pureuaal to Minn. Statutes 9eotioa 303B 565 (1969), this plat he• been approved this day
of . 20__..
No �
tary Public, County, Minnesota Gary F. Caswell, Hennepin County Surveyor
My Cc/f•Iou
By
r
1 DeraDyy tiR that I have u ve end platted the rooarty daeorl Ded n this ylsl sr
HC BROOKDALfi, that thra gist ia orrect pp entatio [ the • ey, that ell d
c istance•
eotlyy vhown n th plat In feet ad of a foot, u t hat all —.—at s Dave RKG 39TRAR OF TITLES, HeanepSn County, Minnesota
be <n norr, silo placed is the ground s shown r will be p s qq red by . the ]ecal
a govainm Ml n e t; that l the outside bo un dory line• • e rreotly
designated an the pat. gnatad n the plot; I hereby certify that the within plat of HC BROOK ALE ws Tiled for raaord In this off toe this
ad that these r o wetlands as defined I . MS 506. I
1, or public highways to be day of YO__, at o'clock Y.
Ylab —1 H. C.nniff, Regtatrar of Title•
lohn V Chaffee, Lena Surveyor By Deputy
Y innesata Lit . as No. 15226
STATE OF MINNESOTA
COUNTY OF
The foregoing 9urve yc r'• Certiflc•te • acknowledged before na this day e1
20_ by lob. V. Chaffee, Land Surveyor, Ylnneno le Llcsnse No. 15226.
Notary Public County, Mlnneaola
My C-1-i.. Ezplra•
OIlYI[WNY OOWORAflON
SHEET 1 OF 2 SHEETS
City Council Agenda Item No. 7e
•
MEMORANDUM
DATE: June 5, 2002
TO: Michael McCauley, City Manager
FROM: Todd Howard, City Engineer
SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos.
2002 -05, 06, and 06, Garden City South Street, Storm Drainage, and Utility
Improvements
On May 13, 2002 the City Council awarded a construction contract for the Garden City South
project to Arcon Construction. Council action is necessary at this time to approve Change
Order No. 1.
The proposed change order is a result of items included in the plans, but omitted the items on
the bid form. The items include removal of water main valves and replacement of valves in
Xerxes Avenue. This work is necessary to complete the intended design of Garden City South,
Garden City Central and Garden City North.
Change Order #1 in the amount of $36,725.93 represents approximately a 1 % increase in project costs.
A 10% contingency was established by the award of contract resolution.
Approve the attached resolution approving Change Order No. 1 in the amount of $36,725.93.
adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS.
2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE AND
UTILITY IMPROVEMENTS
WHEREAS, pursuant to a written contract with the City of Brooklyn Center, Arcon
Construction Co.,Inc. is completing the following improvement in accordance with said contract:
Improvement Project Nos. 2002 -05,06 & 07. Contract 2002 -B Garden City South
WHEREAS, the City of Brooklyn Center wishes to add additional items pursuant to
the written contract; and
WHEREAS, the City of Brooklyn Center finds it necessary to include additional utility
and other related work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. Change Order No. 1 is hereby approved
2. The cost of Change Order No. 1 is $36,725.93
3. The costs of Change Order No. 1 shall be paid as follows
Funding Source Amount
Water Utility Fund $28,500.00
Sanitary Sewer Fund $ 3,160.45
Street Construction $ 5,065.48
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. 8a
• MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Speci list
Subject: City Council Consideration Item - Planning Commission Application No. 2002-
006
Date: June 5, 2002
On the June 10, 2002 City Council Agenda is Planning Commission Application No. 2002 -006
submitted by Westbrook Development, Inc. requesting Rezoning and Site and Building Plan
approval through the Planned Unit Development (PUD) process for the development of a four
building, 34,228 sq. ft., mixed use commercial /retail development on 5.6 acres located at the
northeast corner of 69th Avenue North and Brooklyn Boulevard.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2002 -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 30, 2002 meeting and was
recommended for approval through Planning Commission Resolution No. 2002 -002.
It is recommended that the City Council, following consideration of this matter, approve the
application. A resolution approving the application is offered for the City Council's
consideration.
Also, an ordinance amendment redescribing the property to be rezoned within this Planned Unit
Development is offered for first reading by the City Council. The new description for the plat
will be used for the ordinance amendment. The final plat will have to be approved and filed
before the description can be utilized.
• Application Filed on 5 -2 -02
City Council Action Should Be
Taken By 7 -1 -02 (60 Days)
Planning Commission Information Sheet
Application No. 2002 -006
Applicant: Westbrook Development, Inc.
Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard
Request: Rezoning /Development Plan Approval - PUD /C -2
The applicant, Westbrook Development Inc. is seeking rezoning and development plan approval
through the Planned Unit Development (PUD) process for the development of a 34,228 sq. ft.,
four building, mixed use commercial /retail development on a 5.6 acre site located at the northeast
quadrant of 69 Avenue North and Brooklyn Boulevard.
The property in question is currently made up of 13 parcels or portions of parcels zoned C -2
(Commerce), 12 parcels or portions of parcels zoned R -I (One Family Residence) plus vacated
June Avenue right of way lying between 69 and 70 Avenues North. This property was
formerly occupied by single family homes and various commercial establishments that have all
been acquired by the City over the past seven or eight years for the purpose of redeveloping this
area. The land is bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on
• the north by 70 Avenue; and on the east by a line lying 150 feet east of the June Avenue right of
way between 69 and 70 Avenues.
B A CK GR 01 TNT
This site has been the subject of City Council efforts over the past seven or eight years to
encourage the redevelopment and rejuvenation of this area. It has been long anticipated that
some type of neighborhood commercial /retail development would be a likely proposal. The
City's Economic Development Authority (EDA), which is the City Council, after review of a
couple of development proposals entered into a Development Agreement with Christenson
Corporation in 2001 to redevelop this area with a 45,000 sq. ft., four building commercial /retail
complex. The plan included a 4,224 sq. ft. BP Amoco convenience store /gas station/car wash; a
4,230 sq. ft. McDonalds convenience food restaurant; a 7,000 sq. ft. free standing retail building;
and a 29,575 sq. ft. multi - tenant retail building that was to be located along the east side of the
property. A meeting was held between the then developer and neighboring property owners
immediately to the east of the proposed development on March 28, 2001 to discuss the proposal
and in particular the proposed screening and site lighting. An acceptable proposal was put
together and the neighborhood reaction was generally favorable. Christenson Corporation then
proceeded to seek PUD approval for their redevelopment project. The City Council after review,
public hearing and recommendation by the Planning Commission, approved the PUD /C -2
rezoning of the property and development plan approval for the Christenson Corporation
proposal on May 29, 2001 under City Council Resolution No. 2001 -74.
5 -30 -02
Page 1
® Christenson Corporation rp n was unable to perform under the stipulations of its Development
Agreement with the City and defaulted on 11 /l /O1. The City went back to review the other
proposal it received from Westbrook Development, determined it was acceptable and proceeded,
following a public hearing, to approve a Development Agreement in February 2002 based on
conceptual acceptance of that development proposal. Westbrook is now seeking the necessary
PUD approval so their proposal can go forward. Their plan is quite similar to the Christenson
plan, however, different enough that the PUD process must be repeated. Attached is a copy of
the development plan that was approved for the Christenson development one year ago.
Westbrook is now seeking the PUD /C -2 rezoning to accommodate their above mentioned
commercial development which will include a 3,960 sq. ft. Super America convenience store /gas
station/car wash; a 4,230 sq. ft. restaurant or retail building; a 4,538 sq. ft. Culver's Restaurant;
and a 21,500 sq. ft. multi - tenant retail building to be located along the east side of the property.
The C -2 (Commerce) underlying zoning designation is being sought because it acknowledges all
of the proposed uses as either permitted or special uses. They are seeking modifications to the C-
2 requirements to allow a less than 15 ft. greenstrip from the new Brooklyn Boulevard right of
way in the location of the convenience store /gas station, and along 70 Avenue North and to
allow parking and a portion of a drive lane to encroach into a 35 ft. buffer along the east side of
the site. All of these modifications are proposed to make a more efficiently utilized site and will
be offset by various planned considerations. The land in question is designated in the City's
• Comprehensive Plan for expansion of retail business.
As the Commission is aware, a Planned Unit Development proposal involves the rezoning of
land to the PUD designation followed by an alpha numeric designation of the underlying zoning
district. This underlying zoning district provides the regulations governing uses and structures
within the Planned Unit Development. The rules and regulations governing that district (in this
case C -2) would apply to the development proposal. One of the purposes of the PUD district is
to give the City Council the needed flexibility in addressing redevelopment problems.
Regulations governing uses and structures may be modified by conditions ultimately imposed by
the City Council on the development plans. As mentioned in this case, the applicant will be
seeking modifications to allow a less than 15 ft. greenstrip in specific locations along Brooklyn
Boulevard and 70 Avenue North; and between a 5 '/z ft. and 24 ft. encroachment into a 35 ft.
buffer area along the east side of the site.
The less than 15 ft. greenstrip along Brooklyn Boulevard and 70 Avenue North is consistent
with other city approvals that have allowed such a greenstrip along a major thoroughfare where
decorative screen walls or other screening devices have been used. This was done at Brookdale
in a couple of locations along Xerxes Avenue and County Road 10. A gas station at the
northwest corner of 69 and Brooklyn Boulevard, although it never was built, was approved with
less than 15 ft. greenstrip offset by a 3 %2 ft. high decorative wall. The applicant's proposal has a
combined wrought iron masonry screen wall and retaining wall along the Brooklyn Boulevard
and 70 Avenue greenstrip in the area to offset the lessened greenstrip. They propose an 8 ft.
• 5 -30 -02
Page 2
• high opaque screen wall made of a maintenance free material to run all along the east property
line where the site abuts with the backyards of residential property located along Indiana Avenue.
This screen wall will tie into and be of a consistent or compatible design to the solid screen wall
constructed by the city along 69 Avenue North. Landscaping in this area is also proposed to
offset the lesser than 35 ft. buffer area. Employee only parking and trash containers, along with a
one -way (south) drive lane would be located between the new building and the east property line.
A condition imposed on the Christenson development and recommended in this situation also is
to impose a trash pick up restriction in this area to no earlier than 8:00 a.m. Deliveries to the rear
of this building should also be confined to no earlier than 8:00 a.m. and no later than 5:00 p.m.
The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning
Ordinance, which addresses Planned Unit Developments (attached).
REZON1N(T
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning
procedures outlined in Section 35 -210 of the zoning ordinance as well as being consistent with
the city's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208. The
policy and review guidelines are attached for the Commission's review.
The applicant has not submitted a written statement in response to the rezoning evaluation policy
• and review guidelines. The justification for this PUD is the same as that applied in the 2001
proposal. This PUD like the one of 2001 combines the various parcels previously mentioned
through a preliminary plat which is the subject of companion Application No. 2002 -007. The
site is approximately 5.6 acres in area and the plan reflects the reduced land area required for the
widening of Brooklyn Boulevard. The concept used in the layout of this retail development is to
have the major buildings oriented toward the streets and/or intersections in the immediate
vicinity. The buildings are positioned such that the major central parking areas are conveniently
located near the entrances to each of the proposed structures. The three smaller perimeter
buildings all face inward toward the center of the site and the central parking areas. These
buildings are generally developed as finished four -sided buildings since their backs or sides will
face surrounding streets. Further review of the details of the site plan will be presented later in
this report.
As with all rezoning requests, the Planning Commission must review the proposal based on the
Rezoning Evaluation Policy and Review Guidelines contained in the Zoning Ordinance. The
policy states that zoning classifications must be consistent with the City's Comprehensive Plan
and must not constitute "spot zoning" which is defined as a zoning designation which
discriminates in favor of a particular land owner and does not relate to the comprehensive plan or
accepted planning principles. Each rezoning proposal must be considered on its merits and
measured against the city's policy and against the various guidelines, which have been
established for rezoning review. A detailed review of each of evaluation guidelines is not
provided again because the necessary findings are almost identical to the previous PUD proposal.
5 -30 -02
Page 3
• The rezoning evaluation policy and review guidelines basically require that any rezoning
can only be rant
proposal y g ed if there is a clear and public need or benefit associated with it; that
the proposal is consistent and compatible with surrounding land use classifications; that all
proposed uses in the proposed zoning district can be contemplated for development; that the
property under consideration will bear fully ordinance development restrictions for the proposed
zoning district; that the proposal is warranted by comprehensive planning and the best interests
of the community; and finally that the proposal demonstrates merit beyond the interests of an
owner or owners of an individual parcel of land.
The current proposal, as well as the proposal from one year ago, is looked at as meeting a clear
and public need or benefit. For a number of years the City has sought a redevelopment of this
highly visible area of the City. A commercial retail development such as being proposed is in
line with the redevelopment that has long been sought after. Such a redevelopment is considered
consistent with the City's Comprehensive Plan for this area and does meet a clear public need
and provide a public benefit. It is believed that the proposed plan, as will be shown later in the
site plan review process, can be considered consistent and compatible with surrounding land use
classifications given the proposal by the applicant and the recommended restrictions to their
operation particularly with respect to the neighboring property to the east. Overall, the plan is
believed also to be consistent and compatible with other surrounding land uses.
The proposal will bear the ordinance restrictions for this planned unit development even with
S some deviations from the standard ordinance requirements. The lesser greenstrip along Brooklyn
Boulevard and 70 are offset by a decorative fence which have been used on other occasions to
offset smaller than normal greenstrips. The buffer strip and screening to the east of the site from
the neighboring residential property also is a good buffer for this redevelopment and offsets
potential negative aspects. The parking in this location for the most part will be employee
parking and will not be extensive. The screening device, which is a maintenance free material to
match existing screening along 69 Avenue should be appropriate. As well trash screening
devices are acceptable and a condition that limits trash pickup in this particular area is
appropriate.
All in all we believe that the proposal does have merit beyond the particular interests of only the
developer and will lead to a development that is consistent and compatible with the surrounding
land uses. We believe the proposal provides a quality development, consistent with the
comprehensive plan and the general interests of the community as well.
SITE AND BTTTT T)TNG PLAN PROposAT
The proposal again calls for an approximate 34,228 sq. ft., four building commercial retail
redevelopment of the northeast corner of 69 and Brooklyn Boulevard. A Super America
convenience store /gas station/car wash would be located at the northwest corner of the site, a
4,230 sq. ft. restaurant or retail building would be located adjacent to 70 Avenue North, a 4,538
sq. ft. Culver's Restaurant would be at the southwest corner of the site and a 21,500 sq. ft. multi-
5-30-02
Page 4
• tenant retail building is proposed at the easterly side of the site. The Super America proposal is
only conceptual at this time and will require a formal site and building plan submitted to the
Planning Commission and City Council. We have indicated that a rearrangement of the site is
necessary so that the car wash is on the north or east side of the site. A representative of S.A. has
indicated that this will be accomplished.
ACCESS/PARKINCT
Access to this redevelopment site will be provided at five driveway locations, three of which will
be along 70 Avenue North and one each on 69 Avenue and Brooklyn Boulevard. The
Brooklyn Boulevard access is a right in and right out. The 69 Avenue access has been shifted
further to the east than the previous plan, lines up with the driveway on the opposite side of the
street and will be a full access. As part of the Brooklyn Boulevard reconstruction project, a new
concrete median will be installed between 69 and 70 Avenues. A deceleration lane will be
provided to the Brooklyn Boulevard access, which is about mid way between 69 and 70
Avenues. Two of the accesses on 70 will be full left and right turn access points and one
access, the most easterly, will provide access to the rear of the strip retail building. The flow of
traffic behind the building, or to the east of the building, will be one way (south) and is designed
for access to employee parking, enclosed trash containers and for delivery purposes to the rear of
the building. It will be necessary to provide directional signs to prevent traffic from going in the
wrong direction behind the building. This will provide for a better flow through the site and
• should cut down on traffic to the rear of the building other than that necessary for the above
mentioned purposes.
The applicant proposes under the preliminary plat application (Application No. 2002 -007) to
divide the site into four lots each containing its own building. The site, however, is being viewed
as if there were no property lines separating these particular uses with common access and
common parking features for all of the four sites. The overall parking requirement for this
combined 34,228 sq. ft. complex is 188 parking spaces based on a retail parking formula of 5.5
parking spaces per 1,000 sq. ft. of gross floor area. The plan shows 242 parking spaces for the
site. We consider this site as we do Brookdale, meaning that the total complex meets the parking
requirements even though one individual site might be deficient. Up to 15 percent of the total
square footage of this complex can be utilized as restaurant space without having to provide
parking on the basis of seating and employees. This amounts to 5,134 sq. ft. of restaurant space
allowed.
All driveways servicing the parking areas meet the minimum standards of the zoning ordinance.
It should be noted that the access on Brooklyn Boulevard is subject to a driveway permit issued
by Hennepin County. It is our understanding that the County has agreed to the proposed location
of this driveway.
CTRADINCT/DRATNACTF/IITTT TTTFS
• 5 -30 -02
Page 5
The applicant has provided grading, drainage and utility plans which are being reviewed by the
City Engineer. All storm drainage will be collected in catch basins and be conveyed under
ground in a new storm sewer system. It will be directed to a regional storm water drainage
system to be located in the Palmer Lake basin. There will be no on site retention pond in this
development. The drainage plan has previously been approved by the Shingle Creek Watershed
Management Commission. The site is to be bound by B612 curb and gutter around all parking
and driving areas. Concrete parking delineators should be added to the ends of parking rows at
two locations in the parking lot, north of the 21,500 sq. ft. building and south of the 4,230 sq. ft.
retail /restaurant building.
The buildings will tie into city water and sewer utilities running in the vacated June Avenue.
These utilities have been reconstructed in this location and the large multi - retail building will be
served by sewer and water from this location as well as the 4,230 sq. ft. building and the Culver's
Restaurant. Sewer and water connections for the gas station/convenience store will be tied into
70 Avenue. The City Engineer is reviewing the drainage, grading and utility plans and it is
anticipated that written comments will be submitted with this plan.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Commission to evaluate such plans. This 5.6 acre site requires a total of 370
• landscape points. The applicant proposes to meet this requirement by providing a variety of
plantings including 81 deciduous shade trees such as Norway Maple, Littleleaf Linden, Swamp
White Oak, Patmore Ash, Autumn Purple Ash and Imperial Honeylocust; 41 coniferous trees
including Colorado Green Spruce, Black Hills Spruce, and Arborvitae; 39 ornamental trees
including Serviceberry, Crusader Hawthorn, Flowering Crabapple and Japanese Tree Lilac; 84
deciduous shrubs such as Bush Honeysuckle, Dwarf Winged Euonymous, Red Twigged
Dogwood, Annabelle Hydrangea, Emerald Mound Honeysuckle, Alpine Currant, Spirea, Dwarf
Korean Lilac, and Shrub Roses; 26 coniferous shrubs such as Sea Green Juniper, Savin Juniper,
and Taunton Spreading Yew. They also propose various perennials throughout the site.
In addition various landscape materials in the roadway portion of the project and at landscape
nodes at 69 and 70 Avenue will be provided in cooperation with the City. The total points for
landscaping on site counting all of this landscaping would come to 1,170 overall. Points applied
based on the point system distribution method give the applicant credit for 447 on site landscape
points, well in excess of what is required. The plants are generally dispersed around the site with
a mixture of shade trees and coniferous trees along the east boundary line with the abutting
residential property. Island plantings include ornamental trees and shade trees throughout the
entire complex with boulevard trees along 70 Brooklyn Boulevard as well as 69 Avenue. The
applicant will be working with the City in providing landscape nodes at 69 and 70 Avenue.
These are to be decorative features which coincide with recommendations in the Brooklyn
Boulevard Amenities Study undertaken approximately nine years ago. This area of Brooklyn
Boulevard is subject to a current County widening project and the City has coordinated the
® 5 -30 -02
Page 6
landscape amenities with this construction. Heavy landscaping will be placed at the corner
nodes. Colored concrete pavers will be installed along with ornamental iron fence and
ornamental benches. Landscaping including shrubbery, ornamental and shade trees will also be
provided. An asphalt trail along Brooklyn Boulevard will connect the two landscape features.
Ornamental pedestrian light fixtures are proposed in the right of way area as well, which are
consistent with the Brooklyn Boulevard Amenities Study.
Underground irrigation will be provided in all landscaped areas to facilitate site maintenance in
accordance with the requirements of city ordinances.
Ri TIT ,PING
The applicant has submitted building plans for two of the four buildings, Culver's and the 21,500
sq. ft. multi- tenant building. They are proposing to utilize matching materials and design
components to make for a unified commercial complex which is made up of different users. All
the materials will be basically the same for all of the various buildings.
The Culver's building will be a rock faced block with a modular brick look, colored Isanti Blend.
The fascia will be a buff or tan color with a blue standing seam metal roof. Windows are
indicated on the east, south and west elevations with blue canvas awnings. A drive -up window
and drive lane is shown on the west side of the building. It is recommended that the combination
e iron and masonry fence be continued along the greenstrip area to break up the effect of the drive
lane on this side of the building.
I ,ICT14TINCT /TR ASH
The applicant has not submitted a lighting plan as yet. The previous plan intended to use 25 ft.
high freestanding light poles in the main parking lot area at various locations. Security lighting
was proposed on the rear or east side of the large retail building. These were to be wall mounted
fixtures directed downward at a height of about 8 ft. Freestanding lighting was proposed in this
area on light poles installed in the green strip next to the service drive. Those lights were to be
shielded and directed away from the residential area. That proposed lighting plan was well
within the foot candle standards established by Section 35 -712 of the City's Zoning Ordinance.
Our main concern is that all lighting be shielded and directed on the site to avoid glare to
abutting properties and abutting street right of way. The applicant's plan should be comparable
to the plan previously approved. The site plan indicates the location of trash enclosures
throughout the site. Three are to be located to the east of the large retail building in freestanding
locations. These are all to be masonry enclosures to match the building exteriors and will have
solid, opaque gates. An attached trash enclosure is proposed for the Culver's building and for the
restaurant /retail building. These too will be masonry structures to match the building exterior
and contain solid opaque gates. The S A site will have to provide trash container information
when they submit, but it should be a masonry structure compatible with the building exterior and
contain a solid opaque gate.
• 5 -30 -02
Page 7
® PROC'RENTRF
A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun Post
and notices have also been sent to neighboring property owners. The Planning Commission,
following the public hearing, should consider a draft resolution which has been prepared in
anticipation of a favorable reaction to this proposal. The resolution is offered for the Planning
Commission's consideration.
• 5 -30 -02
Page 8
Member Stephen Erdmann introduced the following resolution and moved its
...� ado p tion:
PLANNING COMMISSION RESOLUTION NO. 2002 -02
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2002 -006 SUBMITTED BY
WESTBROOK DEVELOPMENT INC.
WHEREAS, Planning Commission Application No. 2002 -006 submitted by
Westbrook Development, Inc. proposes rezoning from C -2 (Commerce) and R -1 (One Family
Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69 Avenue North
and Brooklyn Boulevard; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval for a 34,228 sq. ft., four building mixed use
commercial/retail development on the above mentioned site. Said development proposal includes a
3,960 sq. ft. Super America convenience store /gas station/car wash on the proposed Lot 1; a 4,230
sq. ft. restaurant, retail or office building on the proposed Lot 2; a 21,500 sq. ft. multi -tenant
commercial building on the proposed Lot 3; and a 4,538 sq. ft. Culver's Restaurant on the proposed
Lot 4; and
M
(: WHEREAS, the Planning Commission held a duly called public hearing on May 30,
2002, when a staff report and public testimony regarding the rezoning and site and building plan
were received; and
WHEREAS, the Planning Commission considered the Planned Unit Development
request in light of all testimony received, the guidelines for evaluating re- zonings contained in
Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35 -355 of the City's Zoning Ordinance and the City's
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -006
submitted by Westbrook Development Inc. be approved in light of the following considerations:
1. The Planned Unit Development is compatible with the standards, purposes and
intent of the Planned Unit Development section of the City's Zoning Ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land in
question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on surrounding
` land.
`. 3. The utilization of the property as proposed under this Planned Unit Development
1
S rezoning is considered a reasonable use of the property and will conform with city f;
ordinance standards except for allowing a less than 15 ft. greenstrip along the ;
th
Brooklyn Boulevard and 70 Avenue North rights of way in the location of a
proposed convenience store /gas station/car wash; and to allow parking and a portion
of a drive lane to encroach in a 35 ft. buffer area located along the east side of the
site. These modifications from the C -2 standards are justified on the basis of the
development being an appropriate redevelopment of this area and that they are offset
or mitigated by various factors contained in the approved site plan.
4. The Planned Unit Development proposal is considered consistent with the
recommendations of the City's Comprehensive Plan for this area of the City.
5. The Planned Unit Development proposal appears to be a good long range use of the
existing land and this redevelopment can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
re- zonings as contained in Section 35 -208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City
of Brooklyn Center to recommend to the City Council that Application No. 2002 -006 be approved
subject to the following conditions and considerations:
1. The building plans are subject to review and approval b the Building
pp Y g
Official with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review and
approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an
amount to be determined based on cost estimates shall be submitted prior to
the issuance of building permits to assure completion of all site
improvements.
4. B -612 curb and gutter shall be provided around all driving and parking
areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. All buildings shall be equipped with an automatic fire extinguishing system
to meet NFPA standards and shall be connected to a central monitoring
device in accordance with Chapter 5 of the City Ordinances.
7. An underground irrigation system shall be installed in all landscaped areas to
2
facilitate site maintenance.
8. Plan approval is exclusive of all signery which is subject to Chapter 34 of
the City Ordinances with the exception of freestanding signs authorized by
Condition No. 18.
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. The property owner shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems prior to the
issuance of permits.
11. The plans shall be modified to provide:
a. Concrete parking delineators at the end of parking rows north of the
21,500 sq. ft. multi -tenant building and south of the 4,230 sq. ft.
restaurant/retail building.
b. A continuation of the decorative iron fence with masonry piers in the
Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant.
c. A lighting plan consistent with the requirements of Section 35 -712 of
the Zoning Ordinance.
u
12. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution
Control Agency and shall also provide adequate erosion control as approved
by the City's Engineering Department.
14. Trash pick up and truck deliveries on the east side of the multi - tenant
building located adjacent to the residential properties to the east shall be
confined to the hours of 8:00 a.m. through 5:00 p.m.
15. No building permit will be issued for construction of any of the proposed
buildings until the plat comprehended under Planning Commission
Application No. 2002 -007 has been given final approval by the City Council
and filed with Hennepin County.
16. The applicant shall enter into a PUD agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the
issuance of building permits. Said development agreement shall be filed
with the title to the property and shall acknowledge the specific
modifications to the C -2 underlying zoning district as well as all other
`.
conditions of approval. The agreement shall further assure compliance with
the development plans submitted with this application.
Lti
3
17. Approval of the PUD comprehends only conceptual approval of the Super
America gas station/convenience store /car wash. Plans shall be submitted
for Planning Commission and City Council review and approval. The
layout shall be such that the car wash is not located adjacent to Brooklyn
Boulevard.
18. PUD approval authorizes two freestanding development signs to be
incorporated in the corner landscape nodes at 69th and 70th Avenues and
Brooklyn Boulevard and a freestanding monument type identification sign
for Culver's and SuperAmerica to be located on their respective sides of the
Brooklyn Boulevard entrance. The monument signs shall not exceed 12 ft.
in height and 145 sq. ft. in area. No other freestanding identification signs
shall be permitted with the PUD.
19. The applicant shall provide on site traffic control signs as deemed
appropriate by the City Engineer.
Date Chair
ATTEST'
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member John
Whitehead
and upon vote being taken thereon, the following voted in favor thereof: Chair Tim Willson,
Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem,
and John Whitehead
and the following voted against the same: None
whereupon said resolution was declared duly passed and adopted.
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c. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory but not including any business or
industrial uses. Such accessory uses to include but not be restricted to the following:
1. Off - street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
J. Signs as permitted in the Brooklyn Center Sign Ordinance.
Section 35 -355. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose.
The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land
development and redevelopment, preserve aesthetically significant and environmentally sensitive site
features, conserve energy and ensure a high quality of design.
Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations.
a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by
• the alphanumeric designation of the underlying zoning district which may be either the prior
zoning classification or a new classification. In cases of mixed use PUDs, the City Council
shall, whenever reasonably practicable, specify underlying zoning classifications for the
various parts of the PUD. When it is not reasonably practicable to so specify underlying
zoning classifications, the Council may rezone the district, or any part thereof, to "PUD -
MIXED."
b. Regulations governing uses and structures in PUDs shall be the same as those governing the
underlying zoning district subject to the following:
1. Regulations may be modified expressly by conditions imposed by the Council at the
time of rezoning to PUD.
2. Regulations are modified by implication only to the extent necessary to comply with
the development plan of the PUD.
I In the case of districts rezoned to PUD - MIXED, the Council shall specify regulations
applicable to uses and structures in various parts of the district.
35 -45
Subdivision 4. General Standards.
a. The City may allow more than one principal building to be constructed on each platted lot
within a PUD.
b. A PUD which involves only one land use or a single housing type may be permitted
provided that it is otherwise consistent with the purposes and objectives of this section.
C. A PUD may only contain uses consistent with the City's Comprehensive Plan.
d. All property to be included within a PUD shall be under unified ownership or control or
subject to such legal restrictions or covenants as may be necessary to ensure compliance with
the approved development plan and site plan.
e. The uniqueness of each PUD requires that specifications and standards for streets, utilities,
public facilities and the approval of land subdivision may be subject to modifications from
the City Ordinances generally governing them. The City Council may, therefore, approve
streets, utilities, public facilities and land subdivisions which are not in compliance with
usual specifications or ordinance requirements where it is found that such are not required
in the interests of the residents or of the City.
Subdivision 5. Application and Review.
a. Implementation of a PUD shall be controlled by the development plan. The development
plan may be approved or disapproved by the City Council after evaluation by the Planning
Commission. Submission of the development plan shall be made to the Director of Planning
and Inspection on such forms and accompanied by such information and documentation as
the City may deem necessary or convenient, but shall include at a minimum the following:
1. Street and utility locations and sizes;
2. A drainage plan, including location and size of pipes and water storage areas;
3. A grading plan;
4. A landscape plan;
5. A lighting plan;
6. A plan for timing and phasing of the development;
7. Covenants or other restrictions proposed for the regulation of the development;
35 -47
The plan submitted for approval pursuant to Section 35 -230 shall be in substantial
compliance with the approved development plan. Substantial compliance shall mean that
buildings, parking g , p king areas and roads are in essentially the same location as previously
approved; the number of dwelling units, if any, has not increased or decreased by more than
5 percent; the floor area of nonresidential areas has not been increased or decreased by more
than 5 percent; no building has been increased in the number of floors; open space has not
been decreased or altered from its original design or use, and lot coverage of any individual
building has not been increased or decreased by more than 10 percent.
e. Prior to construction on any site zoned PUD, the developer shall execute a development
agreement in a form satisfactory.to the City.
f. Applicants may combine development plan approval with the plan approval required by
Section 35 -230 by submitting all information required for both simultaneously.
g. After approval of the development plan and the plan approval required by Section 35 -230,
nothing shall be constructed on the site and no building permits shall be issued except in
conformity with the approved plans.
h. If within 12 months following approval by the City Council of the development plan, no
building permits have been obtained or, if within 12 months after the issuance of building
permits no construction has commenced on the area approved for the PUD district, the City
• Council may initiate rezoning of the property.
i. Any major amendment to the development plan may be approved by the City Council
following the same notice and hearing procedures specified in this section. An amendment
shall be considered major if it involves any change greater than that permitted by subdivision
5d of this section. Changes which are determined by the City Council to be minor may be
made if approved by the Planning Commission after such notice and hearing as may be
deemed appropriate by the Planning Commission.
3 5 -49
City of Brooklyn Center
Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES.
•
1. Purpose
The City Council finds that effective maintenance of the comprehensive planning and land use
classifications is enhanced through uniform and equitable evaluation of periodic proposed changes
to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City
Council has established a rezoning evaluation policy and review guidelines.
2. Policy
It is the policy of the City that: A) Zoning classifications must be consistent with the
Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a
zoning decision, which discriminates in favor of a particular landowner and does not relate to the
Comprehensive Plan or to accepted planning principles.
3. Procedure
Each rezoning proposal will be considered on its merits, measured against the above policy and
against these guidelines, which may be weighed collectively or individually as deemed by the City.
4. Guidelines
• A. Is there a clear and public need or benefit?
B. Is the proposed zoning consistent with and compatible with surrounding land use
classifications?
C. Can all permitted uses in the proposed zoning district be contemplated for development of the
subject property?
D. Have there been substantial physical or zoning classification changes in the area since the
subject property was zoned?
E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident?
F. Will the subject property bear fully the ordinance development restrictions for the proposed
zoning districts?
G. Is the subject property generally unsuited for uses permitted'in the present zoning district, with
respect to size, configuration, topography or location?
H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive
planning; 2) The lack of developable land in the proposed zoning district; or, 3) The best
interests of the community?
1. Does the proposal demonstrate merit beyond the interests of an owner or owners of an
• individual parcel?
Section 35 -208
Revised 3 -01
•
MEMORANDUM
DATE: May 28, 2002
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Howard, City Engineer _V
SUBJECT: Preliminary Site Development Plan Review
Brooklyn Retail Center
The Engineering Department has reviewed the subject plans for the proposed development.
Comments are as follows:
• June Avenue between 69 " and 70" Avenue has been vacated. The Developer should be
made aware that a permanent 60 -foot wide utility easement remains over the vacated June
Avenue and that public and private utilities exist within the easement.
• The preliminary plat (sheet C6 -1) includes Lots 8 and 9 of LANES BROOKLYN
CENTER ADDITION. The final plat should be revised to show only the northern 97 feet
. of lots 8 and 9. Hennepin County has been sent a copy of the preliminary plat for review
and comment.
• The City -owned and maintained sanitary sewer and water main under June Avenue has
been improved to City Standards. The developer shall be responsible for a portion of
these costs as required in the subdivision agreement.
• Hookup charges shall be in accordance with the Water and Sanitary Sewer connection
charges of $3,000 and $1,500 per parcel, respectively.
• The developer will be required to enter into a maintenance agreement with the City.
• As -built drawings will be required upon completion.
• The erosion control plan shall be resubmitted and include showing only one access into
the development, staging, street sweeping, etc.
• The storm sewer located along the vacated June Avenue shall be a minimum of 10 feet
from the water main.
• The sanitary sewer and water connection to Lot 1 and the installation of the storm sewer
will require excavation of 70` Avenue. One lane of traffic shall remain open at all times
• and the developer shall provide traffic control in accordance with the Minnesota Manual
on Uniform Traffic Control Devices. A 48 -hour notice shall be provided to the City
• before performing the work. The contractor shall be required to provide proof of
insurance and the developer shall be required to provide surety for the work in 70"
Avenue.
• The Developer shall be required to meet hydrant spacing requirements and any other
requirements of the Brooklyn Center Fire Department.
• The developer shall check for utility conflicts between the storm sewer and utility
services in the June Avenue easement. Vertical clearances on pipes shall meet City
standards.
•
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MONUMENT
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uxcxomiee
Member introduced the following resolution and moved its
adoption:
• RESOLUTION NO.
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 2002 -006 SUBMITTED BY WESTBROOK
DEVELOPMENT, INC.
WHEREAS, Planning Commission Application No. 2002 -006 submitted by
Westbrook Development, Inc. proposes rezoning from C -2 (Commerce) and R -1 (One Family
Residence) to PUD /C -2 of a 5.6 acre site located to the northeast quadrant of 69' Avenue North
and Brooklyn Boulevard; and
WHEREAS, the proposal comprehends the rezoning of the above mentioned
property and development plan approval for a 34,228 sq. ft., four building mixed use
commercial /retail development on the above mentioned site. Said development proposal
includes a 3,960 sq. ft. Super America convenience store /gas station /car wash on the proposed
Lot 1; a 4,230 sq. ft. restaurant, retail or office building on the proposed Lot 2; a 21,500 sq. ft.
multi - tenant commercial building on the proposed Lot 3; and a 4,538 sq. ft. Culver's Restaurant
on the proposed Lot 4; and
WHEREAS, the Planning Commission held a duly called public hearing on May
30, 2002, when a staff report and public testimony regarding the rezoning and site and building
plan were received; and
• WHEREAS the Planning ommission recommended approval of Application No.
g PP pP
2002 -006 by adopting Planning Commission Resolution No. 2002 -02 on May 30, 2002; and
WHEREAS, THE City Council considered Application No. 2002 -006 at its June
10, 2002 meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
request in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35 -355 of the City's Zoning Ordinance, the City's Comprehensive
Plan and the Planning Commission's recommendation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 2002 -006 submitted by Westbrook Development, Inc. be
approved in light of the following considerations:
1. The Planned Unit Development is compatible with the standards, purposes and
intent of the Planned Unit Development section of the City's Zoning Ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land
in question in a manner which is compatible with, complimentary to and of
• comparable intensity to adjacent land uses as well as those permitted on
surrounding land.
I
RESOLUTION NO.
• 3. The utilization of the property as proposed under this Planned Unit Development
rezoning is considered a reasonable use of the property and will conform with city
ordinance standards except for allowing a less than 15 ft. greenstrip along the
Brooklyn Boulevard and 70 m Avenue North rights of way in the location of a
proposed convenience store /gas station/car wash; and to allow parking and a
portion of a drive lane to encroach in a 35 ft. buffer area located along the east
side of the site. These modifications from the C -2 standards are justified on the
basis of the development being an appropriate redevelopment of this area and that
they are offset or mitigated by various factors contained in the approved site plan.
4. The Planned Unit Development proposal is considered consistent with the
recommendations of the City's Comprehensive Plan for this area of the City.
5. The Planned Unit Development proposal appears to be a good long range use of
the existing land and this redevelopment can be considered an asset to the
community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
re- zonings as contained in Section 35 -208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn
• Center that Application No. 2002 -006 be approved subject to the following conditions and
considerations:
1. The building plans are subject to review and approval by the Building
Official with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and erosion control plans are subject to review
and approval by the City Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an
amount to be determined based on cost estimates shall be submitted prior
to the issuance of building permits to assure completion of all site
improvements.
4. B -612 curb and gutter shall be provided around all driving and parking
areas.
5. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
6. All buildings shall be equipped with an automatic fire extinguishing system
to meet NFPA standards and shall be connected to a central monitoring
• device in accordance with Chapter 5 of the City Ordinances.
7. An underground irrigation system shall be installed in all landscaped areas
to facilitate site maintenance.
8. Plan approval is exclusive of all signery which is subject to Chapter 34 of
the City Ordinances with the exception of freestanding signs authorized by
Condition No. 18.
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. The property owner shall enter into an easement and agreement for
maintenance and inspection of utility and storm drainage systems prior to
the issuance of permits.
11. The plans shall be modified to provide:
a. Concrete parking delineators at the end of parking rows north of the
21,500 sq. ft. multi- tenant building and south of the 4,230 sq. ft.
restaurant /retail building.
b. A continuation of the decorative iron fence with masonry piers in the
Brooklyn Boulevard greenstrip adjacent to the Culver's Restaurant.
c. A lighting plan consistent with the requirements of Section 35 -712 of
the Zoning Ordinance.
12. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution
Control Agency and shall also provide adequate erosion control as
approved by the City's Engineering Department.
14. Trash pick up and truck deliveries on the east side of the multi- tenant
building located adjacent to the residential properties to the east shall be
confined to the hours of 8:00 a.m. through 5:00 p.m.
15. No building permit will be issued for construction of any of the proposed
buildings until the plat comprehended under Planning Commission
Application No. 2002 -007 has been given final approval by the City
Council and filed with Hennepin County.
16. The applicant shall enter into a PUD agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the
issuance of building permits. Said development agreement shall be filed
with the title to the property and shall acknowledge the specific
modifications to the C -2 underlying zoning district as well as all other
conditions of approval. The agreement shall further assure compliance
with the development plans submitted with this application.
• 17. Approval of the PUD comprehends only conceptual approval of the Super
America gas station/convenience store /car wash. Plans shall be submitted
for Planning Commission and City Council review and approval. The
RESOLUTION NO.
• layout shall be such that the car wash is not located adjacent to Brooklyn
Boulevard.
18. PUD approval authorizes two freestanding development signs to be
incorporated in the corner landscape nodes at 69th and 70th Avenues and
Brooklyn Boulevard and a freestanding monument type identification sign
for Culver's and SuperAmerica to be located on their respective sides of
the Brooklyn Boulevard entrance. The monument signs shall not exceed
12 ft. in height and 145 sq. ft. in area. No other freestanding
identification signs shall be permitted with the PUD.
19. The applicant shall provide on site traffic control signs as deemed
appropriate by the City Engineer.
• 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: None
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 8b
• MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist �C ( Z�_J
Subject: City Council Consideration Item - Planning Commission Application No. 2002-
007
Date: June 5, 2002
On the June 10, 2002 City Council Agenda is Planning Commission Application No. 2002 -007
submitted by Westbrook Development, Inc. requesting Preliminary Plat approval to subdivide 5.6
acres of land at the northeast quadrant of 69th and Brookyn Boulevard into four lots.
Attached for your review are copies of the Planning Commission Information Sheet for Planning
Commission Application No. 2002 -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 30, 2002 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 -02
City Council Action Should Be
Taken By 7 -1 -02 (60 Days)
• Planning Commission Information Sheet
Application No. 2002 -007
Applicant: Westbrook Development, Inc.
Location: Northeast Corner of 69th Avenue North and Brooklyn Boulevard
Request: Preliminary Plat
The applicant, Westbrook Development, Inc. is seeking preliminary plat approval to subdivide
5.6 acres of land at the northeast quadrant of 69 Avenue North and Brooklyn Boulevard into
four lots for the purpose of constructing a four - building, 34,228 sq. ft., mixed use
commercial /retail complex.
The property under consideration is the subject of a Planned Unit Development rezoning and
development plan approval under Planning Commission Application No. 2002 -006. It is
bounded on the south by 69 Avenue; on the west by Brooklyn Boulevard; on the north by 70
Avenue; and on the east by a line lying 150 feet east of the June Avenue right of way between
70 and 69 Avenues.
This property is currently made up of 13 parcels or portions of parcels zoned C -2 (Commerce),
12 parcels or portions of parcels zoned R -I (One Family Residence) plus June Avenue right of
way which has been vacated and lies between 69 and 70 Avenues. This land was formerly
occupied by single homes and various commercial establishments that have all been acquired by
the City over the past seven to eight years. All of the structures acquired have been removed.
The current legal description of these properties is Lots 8 through 14, Block 1; Lots 1 through 5,
9 through 14, Part of Lots 6 through 8, and Part of Lot 15, Block 2; Lanes Brooklyn Center
Addition.
The proposed plat would create four separate lots to be known as Lots 1 through 4, of a yet to be
named subdivision. Lot 1 is the proposed site for a Super America convenience store /gas
station/car wash and is proposed to be approximately 52,768 sq. ft. (1.21 acres). Lot 2 is the
proposed site for a 4,230 sq. ft. restaurant or retail building and is proposed to be approximately
38,629 sq. ft. (.88 acres). Lot 3 is the proposed site for a 21,500 sq. ft. multi- tenant retail
building and is proposed to be approximately 100,562 sq. ft. (2.30 acres). Lot 4 is the proposed
site for a 4,538 sq. ft. Culver's Retaurant and is proposed to be approximately 52,960 sq. ft. (1.21
acres).
All of the lots exceed the minimum requirements for lots in a C -2 (Commerce) underlying
zoning district. Each lot abuts a public street and has direct access, or shared access, to that
street. The plan comprehended under Planning Commission Application No. 2002 -006
contemplates cross access and cross parking over the entire development. Appropriate
agreements acknowledging this fact will need to be developed and filed with the title to the
properties. The City, for purposes of this proposed development, considers the site to be a single
entity. As mentioned previously, the June Avenue right of way has been vacated with the City
•
5 -30 -02
Page 1
retaining a 60 ft. wide utility easement over that same area. Existing utilities such as sewer and
water have been upgraded and continue to exist in that location. The final plat should show this
® 60 ft. wide utility easement.
The preliminary plat shows an appoximate 40 x 150' jog in the south property line of the
proposed Lot 3. The jog should be eliminated and dedicated as right -of -way.
The City Engineer is reviewing the preliminary plat and will be making written comments which
will be attached for the Commission's review. Copies of the preliminary plat have been
forwarded to Hennepin County for their review because Brooklyn Boulevard is a county road.
This plat is more than five acres in area and was subject to review by the Shingle Creek
Watershed Management Commission when Ron Christenson proposed development
approximately one year ago. No on site water detention is planned for this development as water
will be sent to a regional facility located in the Palmer Lake basin area. The particulars of that
plan were approved by the Watershed Commission about one year ago. No further review by the
Watershed Commission is required because the plat and the development plan are substantially
the same as that approved by the Watershed Commission at that time.
A public hearing has been scheduled for this preliminary plat and notice of the Planning
Commission's consideration has been published in the Brooklyn Center Sun/Post.
RECOMMENDATION
This preliminary plat is dependent upon the approval of the Planned Unit Development under
• Planning Commission No. 2002 -006. If that application is not approved, this preliminary plat
should also not be approved. All in all, we believe this preliminary plat is in order and approval
is recommended subject to at least the following conditions:
1. The final 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. Approval of this preliminary plat is contingent upon approval of Planning
Commission Application No. 2002 -006.
4. Appropriate cross access and cross parking agreements, as approved by the City
Attorney, shall be developed and filed with the final plat.
5. The 60 ft. wide utility easement remaining after the vacation of June Avenue right
of way shall be shown on the final plat.
6. The plat shall be modified to eliminate the jog in the south lot line for the
proposed Lot 3. This area shall be dedicated as right -of -way.
7. Building permits for construction of any of the buildings comprehended under
• Planning Commission Application No. 2002 -006 shall not be issued until the final
plat has been approved by the City Council and filed with Hennepin County.
5 -30 -02
Page 2
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(Formerly HC SAH Na U0, P1.1 21) DEVELOPMENT
P PLAT Oat
e MEMORANDUM
DATE: June 6, 2002
TO: Michael McCauley, City Manager
FROM: Todd Howard, City Engineer
SUBJECT: Resolution Approving Final Plat, JOHNCO ADDITION
In October of 2001, the City Council approved the Final Plat for the RONSAM ADDITION.
The developer did not go forward with the development and the final plat was never filed. A
similar development is now proposed with a plat similar to the previously approved RONSAM
ADDITION. Loucks Associates, on behalf of the developer has submitted an application for
final platting. Council action is necessary to approve the final plat.
The purpose of this plate is to subdivide 5.6 acres of land located at the northeast quadrant of
69 Avenue and Brooklyn Boulevard into four lots. The property is currently made up of 16
lots owned by the economic development authority. A copy of the proposed final plat is
• attached.
The Plat of the JOHNCO ADDITION is recommended for final approval.
• adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT, JOHNCO ADDITION
WHEREAS, the City Council in OCTOBER of 2001 approved the final Plat of RONAM
ADDITION; and
WHEREAS, Loucks Associates on behalf of the owner, has applied for Final Plat approval
as required by City Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the final plat for the JOHNCO ADDITION is hereby approved subject to the
following conditions:
1. Any additional requirements of the City Engineer or City Attorney.
2. Any additional provisions of Chapter 15 of the City Ordinances.
3. Any other conditions of Hennepin County as required.
•
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.
JOHNCO ADDITION
R.T. DOC.
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SHEET 2 OF 2 SHEETS
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JOHNCO ADDITION
JR.T. DOC. No.---
KNOW ALL MEN BY THESE PRESENTS That John.,, LLC, a Minvds- hm¢ed Isabibry company, owner and proprietor, a.J Heritage tow whereof ants x<nuge N.tm.al BavL, a aa5wv.l ha.ksng ssaomasi v, has caused the.. Pieaems to be signed by Smven l Kivg, it
Nanoval Bank, a --al bankl¢g esso.ivn urtgegce of the f0tiowmg dcacnbed prop<ny stunted in the C'oonry uC fle.nepm, State of Scnmr vice Iresiden[[h is day of 200 a
hlmncs a, ,wit
HERffAGE NATIONAL BANK
The North 97 19 feet of 1 .is 8 mid v, Block 1, Lent's Brooklyn Center AJdHiov, a-Oh.g to the recorded plot thereof Henvcpm
C ounry, Min¢csola SuvenI Kmg, Sevmr Vice Prerideat
Together -d
That part of the adj.,...g Evst I/2 of 11c -J June A-- &d P" in Lme'a Brovklyv Cevtcr Addttto. lying South of the STATE OF
W estcrly ccmnsiov It the North hoc of L of 9, Block 1, said plat and NoM of a Ime drawn u right angles m the West 0 MINNESOTA
¢ of aAid COUNTY M
J u.c Avr.... from a p.-I o said West 1,- 39 fen Nonh of the SOUfe.ss comer of LIT 6, Block 2, said plat, sublet[ to n
p.rmmeui un L ty assn m u tit es c.nmmed in R,,, of Titles Document No .3419278 The fotegoivg ivsnum eni w.r a<kv.wl<dged before m this day of 200_ by Steven J Kmg, Senior Vice
Prerid- I.fHerimge Nan ... I Bank,a national b.okivg.ssocutio...n behalfofthe.s bbivav
Tngctbcr with.
Lots 10 froisgh 14 usciusive, Block 1, Line's Br klyv Ebb-Addmio.
NoIr F.biic Couvry, Minvea.ta
Together rnf, M1t r C o m m nova expires
Lots I through 5 i.clusive, and Lon 12, 16, 17 enJ 18, Block 2, all to Lane's Brooklyn Center Add-..
Together with I long a U.Ti,...
56 30 of bcgT hereby ce 'y that I have avryeyed e.d platted the propeny described on thu plat an IOHN CO ADDITION, th.r Th,. plat i
',bat pen of Lnts 6, 7 and 8, Block 2, Lao s Brooklyn C-1 Add- which h- Northerly and Norfca nrly of the foll ow tog v an.. t .r ants [ha[ all au av<e ar ..mly shown .n the vlat in frier ava hendrea[bs of .runt, -1 r ell m. s n
described Line A. Comm acing a the Northca r .f smd L.,b; the¢ a South 00 degrees 35 m tcs 13 s vonds Eas correctly pl.ced iv the ground a5 sh.wv, at [he paurde boundary Inver ere correctly designated an the pl + +, ava that there are v. wvHnnds es
defined is M Sutures 505 O2, Subd i to be deaig.ated on the plat
mid basis fur bcanngs c 91 feet along the East I_ If said Lot 6 to the point mm.g of the s m be dcscnbcd, frnc
N degrees minutes .d, West 85 37 feel thevice W estcrly and N- hweeterly 55 95 feet aI crave
c 89 to the Nonheas[, cemml angle 53 degrees 25 mingles 32 --d,. radius h0 feet, thevice North 36 de�rcea 30 inmates 58 Richard L Licht, Land Surveyor,
tl� .iadc West 84 37 feet to a point in fc N.Ohweacfh I- of said 8, dismnt 87 feet Southwcsmrly uffe No I,,.stcrly cot vcr tit innn.t. Licenrc No 26]2a
.-1 and se id Luic 1 fire is ring, and fat port of Lots 9, 10 end I I said BI-L 2 which tics Norihcasicrly of the
IJ OnhcasI"" right of way o(nc� hnY.hw ay dcacnbed m final Cenrficate filed - D.--ht No 114924
Tu her with STATE OF MINNESOTA
S<t COUNTY OF HENNEPIN
"f bat pan .f Lot 13, III-L 2, Lane's 8-klyn Canter Addmon lying Northwesterly of the follow tug de Ihed tine, Beginning at
a point in the South westerly tine ofsaid Lot 13 which point to 2 fact Southeasterly from the N.rfwesierly c cr thereof thence T e fo re g oing guru eyvri Certificate ws •ckvowledged before me iMS day of 2 by --d L Licbt,
N- hcasteriy paralicl .,III the NbOh -hilly Imc If ,.,d toot I. the Np ate
r[he.rl Y part of Lot I3 Itne thereof, and that , Block
in LavJ Sur. cy or, M iv veaou Liacnae No 2.724
2,
Lane's Brooklyn Ccuicr AJdition
lying Southeas[crly of the following described hnc, Beginning a[ a point m [h< Southwcstcriy
II of salt Lot 13, whmh point is 2 feet S- b-terly from the Nonhwesterly corner thereof, thevice Nonheeaieriy parallel with Noury Public Coe. ty, M i.v<sv 1.
the
""U_ sicrl
hoe of said Lot L, the Nonheey 1- III-11-f, c bfit that pan of last dcscnbcd Lot 13 whmh hes My Commission Expires San nary 31, 2005
South -lI ly ofa hue ion parallel with and distant 42 feet N.rfw<.lerly of fe following dcscnbcd hnc, beginning at a p-O on
the South Ime of Section 27, Township 119, Range 21 dumot 1607 8 feet West of the South Qua r therev(, fence run
NIobi- itefly M -mgl. of 53 degrees 20 hi..-375 seconds -h said South sccnon hue for 800 feel an d there to rmrnan.p BROOKLYN CENTER,MINNESOTA
Together with. TMs pmt of IOHNCO ADDITION wa ppr
aoved .d C C... cil NO..... a accepted by the ary v(Brooklyn Cv.ier, u, at. reguisi meeting there,!
That part of Lon 14 and 15, Black 2, Lane's Brooklyn C Addiv.n wbteb hi, N.r b-bidy of a I- rv. parallel with and heitl iMS day of a A O. 200 If applicable, the written commevtr •.d iccom me.dati.ns of the Commiariover
d+stant 42 feet Non i...tefly of the following described hoc, Begenvivg at a point.. the South Imc of Secvo. 27, Township 119, of Tranzp.naiio evd th <COV Vty Highwsy Evyi.eer have been received by the Ctiy or the prescribed 30 day period has elapsed wiihver receipt.(
Range 21 distmrt 1607 8 feet West of fro Soaf Qua r thereof, thevice run Nonhwesterly tit an angle of 53 degrees 20 such commev is .rid retain mendanona, as provided by Minn Sr.tutea, Sill.. 505 03, Subd 2
i es 37, 5 secovds with seed South sccnov line for 800 feetavdif—leimiv.nvg, -pit a nruvg ular piece of Lot 15 adj,,,I.g
an CITY COUNCIL OF BROOKLYN CENTER. MINNESOTA
d N,Mcasterly of the about described snip and Northwesterly of the following described hnc, Beginning et a point on the
Northe..tefly b ... dary of the above stop dmmvt 40 feet Southeasterly of its mt.,i -Dv. _Ili the Southerly line of E.- Sneer,
Wince run NoMcasmrly m a point I. smd Southerly line disimt 40 feet Easterly of said mteraecvon Dy
McYVr BY Manager
Together with
That part of the East 1 /2.f S--d lane A-... dedicated +. Lane's 8ro¢klyv Center Addition lytvg South of the South Itne.f TAXPAYER SERV ICES DEPARTMENT. H .... pv County, Minnerou
70th u Avenue, formerly Lane Snect, and North of the Wes erly extension of the North hnc of Lot 9, Block I, said plat, together
w if that part of the West I/2 u f vacated lone Avenge lys vg th of the S.ads lineol's.id 70th .Sven.. an oe d NOM.fa h drawn I hereby cenify that ter payable in 2 <.d poor Y rz have been paid for d 4e .o Ma
o hid .n 1- pi.+ I).- + e.y of
right angles to the W cst Ime of said Junc Avcnuc from a pot aid West hnc 39 feet North of fc Soufcest comer of Lot G, 200_ -- "-
B 2, paid plat, sublect io a permanent utility easement - Contained in Registrar .ETides Docainen[ No 3419278
Parriek H O -C ono. f, Hevnepm Coon[y Aedimr
Hove caused the r.me to be surveyed and planed as JOHNCO ADDITION, and do hereby donate .rid dedicate m the public for public arc forever ey D.,."
the b. 'J and avenue end the cescmcn[s as shown on this plat C.c dr.in.gc .rid u61,V purposes.
In winless whereof anid Jobnco, LLC, a Minnesota hm OCd li.bdt[ has caused these SURV EY DIVISION, H.-P.. C.-Y, Minvcaou
y company, presents to be signed by John Nielsen, iu General
Manager fin day of 200 Perroanl tv MINN STAT Sac 333B 565(19e9)thmpiarhar been approved ihis_d.y of -
JOHNCO, LLC
Gary F Caaw ail, Hennepin County Surveyor
Jahn Nielacn, General hfanager y
STATE OF MINNESOTA REGISTRAR OF TITLES, Hennepin County, MI.......
COUNTY OF 1 h-b certify fat the plat of IOHNCO ADDITION war hied in I- effic< thin day of 200 ' +
o'cl.el M.
The f-l-B in r no
ackwledged before me this day of 200__ by John Niclaeq G] l
hfanager of J.hh v,ETC. Mmvasola limned liability c mp.ny, on b ehelfoflhe company hluh-IT Ce b.,ff. Regun.r of TiOer
By D.P.1y
Nomry public County, Minncsou
My Commission E.p.,-
- - - - -- -- - ASS TES
SHEET I Of 2 SHEETS
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2002, at 7:00
• p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the
zoning classification of certain land.
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 (NE
QUADRANT OF 69 AND BROOKLYN BOULEVARD)
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 followin g manner:
Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby
established as being within the (C2) Commerce District zoning classification:
1✓17�11%jugn l')�ilvuk 2, Lanu's D.vukl '-enter Addit
Section 35 - 1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The
following properties are hereby established as being within a (PUD) Planned Unit Development
zoning classification:
4. The following properties are designated as PUD /C2 (Planned Unit
Development /Commerce):
Lots 1 through 4, Block 1, RonSwn-AddA.*L,,1. 7ohncn Addition:
Section 2. This ordinance shall become effective after adoption and upon thirty days
following its legal publication.
Adopted this day of 2002.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
i
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
WEST FIRE STATION
STUDY SESSION
MAY 30, 2002
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, Stephen Erdmann, Rex Newman, Sean
Rahn, Dianne Reem, and John Whitehead were present. Also present were Secretary to the
Planning Commission/Planning and Zoning Specialist Ronald Warren, and Plaiming
Commission Recording Secretary Rebecca Crass.
APPROVAL OF MINUTES — MAY 16, 2002
There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead,
to approve the minutes of the May 16, 2002, meeting reflecting one change as noted. The motion
passed. Commissioners Erdmann, Newman and Rahn abstained as they were absent.
• 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 NOS. 2002 -006 and 2002 (WEST_ BROOK DEVELOPMENT, INC.)
Chair Willson introduced Application No. 2002 -006, a request from Westbrook Development
Inc., seeking rezoning and development plan approval through the Plamied Unit Development
(PUD) process for the development of a 34,228 sq. ft., four building, mixed use
commercial /retail development on a 5.6 acre site located at the northeast quadrant of 69th
Avenue North and Brooklyn Boulevard. The Chair also introduced Application No. 2002 -007
which is a request from Westbrook Development for Preliminary Plat approval to subdivide 5.6
acres of land in the same location into four lots.
Mr. Warren presented the staff report using overhead transparencies to describe the location of
the property and the proposal. (See Planning Commission Information Sheet dated 5/30/02 for
Application No. 2002 -006 attached.) The property in question is currently made up of 13 parcels
or portions of parcels zoned C -2 (Commerce), 12 parcels or portions of parcels zoned R -1 (One
Family Residence) plus vacated June Avenue right of way lying between 69th and 70th Avenues
North. This property was formerly occupied by single family homes and various commercial
establislunents that have all been acquired by the City over the past seven or eight years for the
• purpose of redeveloping this area.
5 -30 -02
Page 1
Mr. Warren next presented the staff report for the Preliminary Plat request. (See Planning
Commission Information Sheet dated 5/30/02 for Application No. 2002 -007 attached.) The plat
would eventually create four lots, Lot 1 for a 3,960 sq. ft. convenience store /gas station/car wash;
Lot 2 for a 4,230 sq. ft. restaurant, retail or office building; Lot 3 for a 21, 500 sq. ft. multi- tenant
commercial building; and Lot 4 a 4,538 sq. ft. Culver's Restaurant.
Commissioner Boeck inquired about the location of the public utility easement on the site. Mr.
Warren explained that the City will retain a 60 ft. wide utility easement over the area that has
been vacated for the June Avenue right of way. The utility easement will be filed with the final
plat. He added that no buildings can be built over the easement but parking would be allowed.
Commissioner Reem asked about the location of the turn lanes on 70th Avenue and Brooklyn
Boulevard and also asked about the reason for the drive up window at the Culver's restaurant
being along Brooklyn Boulevard. Mr. Warren explained the location of the access points off
69th and 70th Avenues and Brooklyn Boulevard. He added that designing the drive up window
along Brooklyn Boulevard is a more convenient plan for customer parking and would look better
from the street than a "sea of parking ".
Commissioner Boeck questioned the ownership of the utilities in the former June Avenue right
of way. Mr. Warren answered that City utilities such a sanitary sewer, water main and storm
sewer would remain City utilities and be protected the easement.
• Commissioner Erdmann asked if the utilities on 70th Avenue have been upgraded to
accommodate the SuperAmerica car wash and whether or not there would be a filing of a cross
access agreement. Mr. Warren will check with the City Engineer on the utilities. He added that
all lots would be tied in with an access agreement and the City Attorney will draft the agreement.
Commissioner Ralu1 inquired about traffic control within the retail complex. Mr. Warren
responded that stop signs to control traffic in the parking areas could be added to the conditions
of approval if the Commission believed that such a condition would be appropriate.
PUBLIC HEARING — APPLICATION NO. 2002 -006 AND APPLICATION 2002 -007
There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the
public hearing on Application Nos. 2002 -006 and 2002 -007, at 9:05 p.m.. The motion passed
unanimously.
Chair Willson called for comments from the public.
Mr. Randy Rau, 6849 Brooklyn Boulevard, arrived late to the meeting and asked for more details
about the car wash. Chair Willson responded that SuperAmerica and the car wash plan are just
conceptual at this time. Mr. Warren confirmed with Mr. Rau that he would get a notice of a
public hearing when the actual plans are submitted to the Planning Commission.
Mr. Dick Trainor, 6945 Indiana Avenue, asked about the proposed business hours of the gas
• station and Culver's. Mr. Warren explained that City Ordinances do not regulate retail hours.
5 -30 -02
Page 2
• He added that there will be screening between businesses and the residential area and the green
strip area would be a minimum of 11 ft. from the property line at its narrowest point.
The applicant, Mr. Greg Watson, from Westbrook Development, stated that he hopes this
development will provide an area that is friendly and accessible to the neighborhood while
keeping the area as high profile as possible. He further used visual aids as he explained the
layout of the site to include materials used on the buildings, the lighting plan, fencing and
landscaping.
Ms. Rebecca Walsh, a SuperArnerica representative, showed the conceptual plan they will use in
their proposal to the City.
Chair Willson asked for further clarification on the signs for the Culver's site. Mr. Watson
explained that the signs proposed for the Culver's site will comply with city ordinances. Mr.
Warren added that there are four separate lots and each lot is allowed one freestanding sign.
Each building is allowed a wall sign on each side of the building not to exceed 15 percent of the
wall area. He noted the applicant is requesting development signs at 69 °i and 70"' as part of the
landscape nodes and one freestanding monument identification sign for Culver's and one for
SuperAmerica. This was agreeable to the Commission in lieu of any other freestanding signs.
Mr. Watson stated that Culver's business hours are 10:30 a.m. to 10:00 p.m. He added that the
rest of the retail center will operate under similar hours. They are really excited to do this
development. Westbrook Development will own and operate the 21,000 sq. ft. retail building
r No other persons from the public appeared before the Commission during the public hearing pp b p g on
Application Nos. 2002 -006 and 2002 -007.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the
public hearing on Application Nos. 2002 -006 and 2002 -007, at 9:43.p.m. The motion passed
unanimously.
Commissioner Newman asked if the Resolution and conditions presented address all issues
related to the application. Mr. Warren responded, yes, however, they should add a Condition
No. 18 with further details about the allowable signs.
Cormrlissioner Rahn suggested adding a Condition No. 19 relating to on site traffic control
devices. Mr. Warren will prepare both changes.
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 N 2002 -006
(WESTBROOK DEVELOPMENT, INC.)
Commissioner Erdman introduced the following resolution and moved its adoption: "Planning
• Commission Resolution No. 2002 -02, Resolution regarding the recommended disposition of
5 -30 -02
Page 3
Planning Commission Application No. 2002 -006 submitted by Westbrook Development,
Inc." The motion for the adoption of the foregoing resolution was duly seconded by
Commissioner Whitehead and upon vote being taken thereon, the following voted in favor
thereof. Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman,
Sean Ralu Dianne Reem, and John Whitehead
and the following voted against the same: None;
whereupon said resolution as declared duly passed and adopted. Plamling Commission
Resolution No. 2002 -02 is made a part of these minutes by attachment.
The City Council will consider the recommendation at its June 10, 2002, meeting. The applicant
must be present. Major changes to the application as reviewed by the Planning Commission will
require that the application be returned to the Commission for reconsideration.
ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2002 -007 (WESTBROOK
DEVELOPMENT)
There was a motion by Commissioner Newmann, seconded by Commissioner Boeck, to
recommend to the City Council that it approve Application No. 2002 -007, submitted by
Westbrook Development, Inc., for preliminary plat approval to subdivide 5.6 acres of land at the
northeast quadrant of 69th Avenue North and Brooklyn Boulevard into four lots for the purpose
of constructing a four building, 34,228 sq. ft., mixed use commercial /retail complex, 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. Approval of this preliminary plat is contingent upon approval of Planning
Commission Application No. 2002 -006.
4. Appropriate cross access and cross parking agreements, as approved by the City
Attorney, shall be developed and filed with the final plat.
5. The 60 ft. wide utility easement remaining after the vacation of June Avenue right
of way shall be shown on the final plat.
6. The plat shall be modified to eliminate the jog in the south lot line for the
proposed Lot 3. This area shall be dedicated as right -of -way.
7. Building permits for construction of any of the buildings comprehended under
Plamzing Commission Application No. 2002 -006 shall not be issued until the final
plat has been approved by the City Council and filed with Hennepin County.
•
5 -30 -02
Page 4
Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem
® and Whitehead. The motion passed unanimously.
The Council will consider the application at its June 10, 2002, meeting. The applicant must be
present. Major changes to the application as reviewed by the Planning Commission will require
that the application be returned to the Commission for reconsideration.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Newman to adjourn
the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at
9:53 p.m.
Chair
Recorded and transcribed by:
Rebecca Crass
•
i
5 -30 -02
Page 5
City Council Agenda Item No. 9a
•
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION RECOGNIZING ERIC ROISUM IN APPRECIATION OF HIS
SERVICE TO THE CITY OF BROOKLYN CENTER
WHEREAS, Eric Roisum has been employed by the City of Brooklyn Center from June
15, 1987 through June 14, 2002, serving in the Street Maintenance Division of the Public Works
Department; and
WHEREAS, Eric Roisum has recently resigned from the City of Brooklyn Center to
accept a new position; and
WHEREAS, during his 15 years of service to the City of Brooklyn Center he has
contributed in to the repair and maintenance of street asphalt and concrete, storm sewer maintenance, tree
trimming, snow and ice control, and a variety of other duties as called upon; and
WHEREAS, Eric Roisum also served the citizens of Brooklyn Center as a dedicated
member of the Volunteer Firefighters Association in addition to his duties in the Public Works
Department.
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, upon the recommendation of the City Manager, that this resolution be and hereby is adopted in
recognition and appreciation of the many accomplishments and 15 years of service to the City provided
by Eric Roisum.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 9b
Member introduced the following resolution and moved its
adoption:
e RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE
BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE EARLE BROWN
DAYS JUNIOR GOLF TOURNAMENT
WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of
three hundred dollars ($300.00) and has designated it be used to support the Earle Brown Days
Junior Golf Tournament; and
WHEREAS, the City Council is appreciative of the donation and commends the
Brooklyn Center Lions Club for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota:
1. Acknowledges the donation with gratitude.
2. Appropriates the donation to the corresponding activity 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 of Brooklyn Center
A Millennium Community
MEMORANDUM
DATE: June 5, 2002
TO: Michael J. McCauley, City Manager
FROM: Jim Glasoe, Director of Community Activities, Recreation and Services Zj
SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lior
Club in Support of the Earle Brown Days Junior Golf Tournament
The Brooklyn Center Lions Club has presented to the City a donation of three hundred dollars
($300.00.) They have designated that it be used to support the Earle Brown Days Junior Golf
Tournament.
Staff recommends acceptance of this donation and asks that it be coded to the corresponding
activity budget.
•
6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number
Brooklyn Center, MN 55430 -2199 (763) 569 -3400
City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434
FAX (763) 569 -3494
City Council Agenda Item No. 9c
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION
AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN
COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2003 - 2005
WHEREAS, the City of Brooklyn Center, Minnesota and the County of Hennepin
have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County
under the United States Department of Housing and Urban Development Community
Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs;
WHEREAS, the City and County wish to execute a new Joint Cooperation
Agreement in order to continue to qualify as an Urban County for purposes of the Community
Development Block Grant and HOME Programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that a new Joint Cooperation Agreement between the City and
County be executed effective October 1, 2002, and that the Mayor and the City Manager be
authorized and directed to sign the Agreement on behalf of the City.
•
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.
•
Hennepin County Department of Transit & Community Works
e 417 North Fifth Street, Suite 320 612- 348 -9260, Phone
Minneapolis, Minnesota 55401 -1362 612- 348 -9710, Fax
www.co.hennepin.mn.us
May 22, 2002
Mr. Michael McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Subject: Fiscal Year 2003 -2005 Joint Cooperation Agreement
Dear Mr. McCauley:
Accompanying for your review and execution is the Urban Hennepin County Joint Cooperation
• Agreement for FY 2003 — 2005. The agreement sets forth broad shared powers for carrying out
housing and community development activities. The U.S. Department of Housing and Urban
Development (HUD) requires the agreement in order for Hennepin County to qualify as an
urban county and receive Community Development Block Grant (CDBG) and HOME
Investment Partnership Program (HOME) entitlement funds.
A draft gray -line copy of the agreement is enclosed, which details all revisions to the current
agreement. There are several significant changes. The first deals with the need for "timely"
expenditure of funds. This relates to the HUD requirement that unexpended CDBG funds
cannot total more than 1.5 times the last grant allocation. The hard work of municipal and
county staff to meet this expenditure goal has proven successful, but it was felt advisable to
provide additional flexibility to address this problem and to avoid financial penalty in the future.
One of these changes reduces the time for implementing activities from 24 months to 18 months.
Another change is to increase the county administrative fee from 10 to 13 percent of the grant
total to offset increasing county property tax expenditures for this purpose. Additionally, this
administrative fee will include a set aside for countywide fair housing efforts.
As a community participating in the Urban Hennepin County Program, your city would not be
eligible in FY 2003 — 2005 to apply for grants under the small cities or state CDBG programs.
Your community will automatically participate in the Hennepin County HOME Program and
will not be eligible to receive HOME funds through the state or other consortiums.
An Equal Opportunity Employer
Recycled Paper
• May 22, 2002
Mr. Michael McCauley
Page 2
Please execute the city signature page of the agreement to indicate your continued participation
in the Urban County Program. Return only an original copy of the city signature page with
the city seal and a copy of the authorizing resolution. These documents must be returned
to this office no later than June 30, 2002.
A sample council resolution is enclosed. A co of the
copy county signature page will be p rovided
after execution by the county.
Please contact Jim Ford at 612/348 -6013 if you have any questions about the agreement or
process. I look forward to continuing our cooperative efforts in addressing suburban Hennepin
County ho ing and community development needs.
Sincere
Stev
• Enclosures: Cooperation Agreement
Draft gray line agreement
Sample Resolution
cc: Tom Bublitz
• Contract No. A04232
JOINT COOPERATION AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, State of
Minnesota, hereinafter referred to as "COUNTY," A -2400 Government Center, Minneapolis, Minnesota, 55487, and
the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT,"
said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to
Minnesota Statutes, Section 471.59:
WITNESSETH:
COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that
COOPERATING UNIT shares its authority to carry out essential community development and housing activities
with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and
HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and,
therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually
agree to the following terms and conditions.
• COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it:
1. May not also apply for grants under the State CDBG Program from appropriations for fiscal
years during which it is participating in the Urban County Program; and
2. May not participate in a HOME Consortium except through the Urban County.
I. DEFINITIONS
The definitions contained in 42 US 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated
herein by reference and made a part hereof, and the terms defined in this section have the meanings given them:
A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42
U.S.C. 5301 et seq.).
B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not
limited to 24 CFR Part 570.
C. "HUD" means the United States Department of Housing and Urban Development.
D. "Cooperating Unit" means any city or town in Hennepin County that has entered into a cooperation
agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each
Agreement.
is E. "Consolidated Plan" means the document bearing that title or similarly required statements or
documents submitted to HUD for authorization to expend the annual grant amount and which is
1
® developed by the COUNTY in conjunction with COOPERATING UNITS as part of the Community
Development Block Grant Program.
F. "Metropolitan City" means any city located in whole or in part in Hennepin County which is certified
by HUD to have a population of 50,000 or more people.
II. PURPOSE
The purpose of this Agreement is to authorize COUNTY and COOPERATING UNIT to cooperate to
undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically
urban renewal and publicly assisted housing and authorizes COUNTY to carry out these and other eligible activities
for the benefit of eligible recipients who reside within the corporate limits of the COOPERATING UNIT which will
be funded from annual Community Development Block Grant and HOME appropriations for the Federal Fiscal
Years 2003, 2004 and 2005 and from any program income generated from the expenditure of such funds.
III. AGREEMENT
The term of this Agreement is for a period commencing on October 1, 2002 and terminating no sooner than
the end of the program year covered by the Consolidated Plan for the basic grant amount for the Fiscal Year 2005, as
authorized by HUD, and for such additional time as may be required for the expenditure of funds granted to the
County for such period. COUNTY may notify COOPERATING UNIT prior to the end of the Urban County
qualification period that the Agreement will automatically be renewed unless it is terminated in writing by either
• party. Either COUNTY or COOPERATING UNIT may exercise the option to terminate the Agreement at the end of
the Urban County qualification period. If COUNTY or COOPERATING UNIT fail to exercise that option, it will
not have the opportunity to exercise that option until the end of a subsequent Urban County qualification period.
COUNTY will notify the COOPERATING UNIT in writing of its right to elect to be excluded by the date specified
by HUD.
This Agreement must be amended by written agreement of all parties to incorporate any changes necessary to
meet the requirements for cooperation agreements set forth in the Urban County Qualification Notice applicable for
the year in which the next qualification of the County is scheduled. Failure by either party to adopt such an
amendment to the Agreement shall automatically terminate the Agreement following the expenditure of all CDBG
and HOME funds allocated for use in COOPERATING UNIT's jurisdiction.
Notwithstanding any other provision of this Agreement, this Agreement maybe terminated at the end of the
program period during which HUD withdraws its designation of COUNTY as an Urban County under the Act.
This Agreement shall be executed by the appropriate officers of COOPERATING UNIT and COUNTY
pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolution and
executed Agreement shall be filed promptly by the COOPERATING UNIT in the Hennepin County Department of
Housing, Community Works and Transit, and in no event shall the Agreement be filed later than June 30, 2002.
COOPERATING UNIT and COUNTY shall take all actions necessary to assure compliance with the
applicant's certifications required b Section 104 of the Title I of the Housing and Community Development q Y b () g tY Act P
of 1974, as amended, including Title VI of the Civil Rights Act of 1964; the Fair Housing Act, Section 109 of Title I
of the Housing and Community Development Act of 1974; and other applicable laws.
•
2
• IV. ACTIVITIES
COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the
terms of this Agreement, certain projects involving one or more of the essential activities eligible for funding under
the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by
providing the services specified in this Agreement. The parties mutually agree to comply with all applicable
requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in
the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's
responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated
Plan, pursuant to 24 CFR Part 91.
COOPERATING UNIT further specifically agrees as follows:
A. COOPERATING UNIT will, in accord with a COUNTY- established schedule, prepare and provide to
COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds
consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated
Plan.
B. COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b), it is subject to the same
requirements applicable to subrecipients, including the requirement for a written Subrecipient
Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation
requirements for each activity funded pursuant to this Agreement and shall be duly executed with and
in a form prescribed by COUNTY.
• C. COOPERATING UNIT acknowledges that it is subject to the same subrecipient requirements stated
in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant
to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party
Agreement shall be duly executed between the agency and COOPERATING UNIT in a form
prescribed by COUNTY.
D. COOPERATING UNIT shall implement all activities funded for each annual program pursuant to this
Agreement within eighteen (18) months of the authorization by HUD to expend the basic grant
amount.
1. Funds for all activities not implemented within eighteen (18) months shall be transferred to a
separate account for reallocation on a competitive request for proposal basis.
2. Limited extensions to the implementation period may be granted upon request only in cases
where the authorized activity has been initiated and/or subject of a binding contract to proceed.
3. If COUNTY is notified by HUD that it has not met the performance standard for the timely
expenditure of funds at 24 CFR 570.902(a) and the COUNTY entitlement grant is reduced by
HUD, according to its policy on corrective actions, then the basic grant amount to any
COOPERATING UNIT that has not met its expenditure goal shall be reduced in a manner
proportionate to the reduction in the COUNTY grant.
E. COOPERATING UNIT will take actions necessary to assist in accomplishing the community
development program and housing goals, as contained in the Urban Hennepin County Consolidated
• Plan.
3
® F. COOPERATING UNIT shall ensure that all programs and/or activities funded, in part or in full by
grant funds received pursuant to this Agreement, shall be undertaken affirmatively with regard to fair
housing, employment and business opportunities for minorities and women. It shall, in implementing
all programs and/or activities funded by the basic grant amount, comply with all applicable Federal
and Minnesota Laws, statutes, rules and regulations with regard to civil rights, affirmative action and
equal employment opportunities and Administrative Rule issued by the COUNTY.
G. COOPERATING UNIT that does not affirmatively further fair housing within its own jurisdiction or
that impedes action by COUNTY to comply with its fair housing certification shall be prohibited from
receiving CDBG funding for any activities.
H. COOPERATING UNIT shall participate in the citizen participation process, as established by
COUNTY, in compliance with the requirements of the Housing and Community Development Act of
1974, as amended.
1. COOPERATING UNIT shall reimburse COUNTY for any expenditure determined by HUD or
COUNTY to be ineligible.
J. COOPERATING UNIT shall prepare, execute, and cause to be filed all documents protecting the
interests of the parties hereto or any other party of interest as may be designated by the COUNTY.
K. COOPERATING UNIT has adopted and is enforcing:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its
• jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or
exit from a facility or location which is the subject of such nonviolent civil rights
demonstrations within its jurisdiction.
COUNTY further specifically agrees as follows:
A. COUNTY shall prepare and submit to HUD and appropriate reviewing agencies, on an annual basis,
all plans, statements and program documents necessary for receipt of a basic grant amount under the
Act.
B. COUNTY shall provide, to the maximum extent feasible, technical assistance and coordinating
services to COOPERATING UNIT in the preparation and submission of a request for funding.
C. COUNTY shall provide ongoing technical assistance to COOPERATING UNIT to aid COUNTY in
fulfilling its responsibility to HUD for accomplishment of the community development program and
housing goals.
D. COUNTY shall, upon official request by COOPERATING UNIT, agree to administer local housing
rehabilitation grant programs funded pursuant to the Agreement, provided that COUNTY shall receive
Twelve percent (12 %) of the allocation by COOPERATING UNIT to the activity as reimbursement
for costs associated with the administration of COOPERATING UNIT activity.
•
4
® E. COUNTY may, at its discretion and upon official request by COOPERATING UNIT, agree to
administer, for a possible fee, other programs and/or activities funded pursuant to this Agreement on
behalf of COOPERATING UNIT.
F. COUNTY may, as necessary for clarification and coordination of program administration, develop and
implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives,
and administrative requirements of COUNTY.
V. ALLOCATION OF BASIC GRANT AMOUNTS
Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows:
A. COUNTY shall retain thirteen percent (13 %) of the annual basic grant amount for the administration of
the program. Included in this administrative amount is funding for annual county -wide Fair Housing
activities.
B. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING
UNITS in accordance with the formula stated in part C and the procedure stated in part D of this
section for the purpose of allowing the COOPERATING UNITS to submit funding requests. The
allocation is for planning purposes only and is not a guarantee of funding.
C. The COUNTY will calculate, for each COOPERATING UNIT, an amount that bears the same ratio to
the balance of the basic grant amount as the average of the ratios between:
1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS.
2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all
COOPERATING UNITS.
3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of
overcrowded housing by units in all COOPERATING UNITS.
4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be
counted twice.
D. Funds will be made available to communities utilizing the formula specified in C of this Section in the
following manner:
1. COOPERATING UNIT qualifying as a Metropolitan City (having populations of at least
50,000) will receive annual funding allocations equal to the HUD formula entitlement or the
COUNTY formula allocation, whichever is greater.
2. Other COOPERATING UNITS with COUNTY formula allocations of $75,000 or more will
receive funding allocations in accordance with the formula allocations.
3. COOPERATING UNITS with COUNTY formula allocations of less than $75,000 will have
• their funds consolidated in a pool for award in a manner determined by COUNTY. Only the
COOPERATING UNITS, whose funding has been pooled, will be eligible to compete for these
funds.
5
E. The COUNTY shall develop these ratios based upon data to be furnished by HUD. The COUNTY
assumes no duty to gather such data independently and assumes no liability for any errors in the data
furnished by HUD.
F. In the event COOPERATING UNIT does not request a funding allocation, or a portion thereof, the
amount not requested shall be made available to other participating communities, in a manner
determined by COUNTY.
VI. METROPOLITAN CITIES
Any metropolitan city executing this Agreement shall defer their entitlement status and become part of Urban
Hennepin County.
This agreement can be voided if the COOPERATING UNIT is advised by HUD, prior to the completion of the re-
qualification process for fiscal years 2003 -2005, that it is eligible to become a metropolitan city and the
COOPERATING UNIT elects to take its entitlement status. If the agreement is not voided on the basis of the
COOPERATING UNIT's eligibility as a metropolitan city prior to July 13, 2002, the COOPERATING UNIT must
remain a part of the COUNTY program for the entire three -year period of the COUNTY qualification.
VII. OPINION OF COUNSEL
• The undersigned, on behalf of the Hennepin County Attorney, having reviewed this Agreement, hereby
opines that the terms and provisions of the Agreement are fully authorized under State and local law and that the
COOPERATING UNIT has full legal authority to undertake or assist in undertaking essential community
development and housing assistance activities, specifically urban renewal and publicly- assisted housing.
Assistant County Attorney
•
6
• VIII. HENNEPIN COUNTY EXECUTION
The Hennepin County Board of Commissioners having duly approved this Agreement on
2002, and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY
agrees to be bound by the provisions herein set forth.
COUNTY OF HENNEPIN, STATE OF MINNESOTA
Bv:
Chair of its County Board
And:
Assistant /Deputy /County Administrator
Attest:
Deputy /Clerk of the County Board
And:
Assistant County Administrator, Public Works and County
Engineer
O APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL
Assistant County Attorney Director, Housing, Community Works and Transit
Department
Date: Date:
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
7
• IX. COOPERATING UNIT EXECUTION
COOPERATING UNIT, having signed this Agreement, and the COOPERATING UNIT'S governing body having
duly approved this Agreement on , 2002, and pursuant to such approval and the proper city official
having signed this Agreement, COOPERATING UNIT agrees to be bound by the provisions of this Joint
Cooperation Agreement, contract A
CITY OF
By:
Its Mayor
And:
Its City Manager
ATTEST:
CITY MUST CHECK ONE:
The City is organized pursuant to:
• Plan A Plan B Charter
. May 20, 2002
8
• Contract No.
JOINT COOPERATION AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN State of
Minnesota, hereinafter referred to as "COUNTY," A -2400 Government Center, Minneapolis, Minnesota, 55487, and
the cities executing this Master Agreement, each hereinafter respectively referred to as "COOPERATING UNIT,"
said parties to this Agreement each being governmental units of the State of Minnesota, and made pursuant to
Minnesota Statutes, Section 471.59:
WITNESSETH:
COOPERATING UNIT and COUNTY agree that it is desirable and in the interests of their citizens that
COOPERATING UNIT shares its authority to carry out essential community development and housing activities
with COUNTY in order to permit COUNTY to secure and administer Community Development Block Grant and
HOME Investment Partnership funds as an Urban County within the provisions of the Act as herein defined and,
therefore, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually
agree to the following terms and conditions.
. COOPERATING UNIT acknowledges that by the execution of this Agreement that it understands that it:
1. May not also apply for grants under the State CDBG Program from appropriations for fiscal
years during which it is participating in the Urban County Program; and
2. May not participate in a HOME Consortium except through the Urban County.
I. DEFINITIONS
The definitions contained in 42 USC 5302 of the Act and 24 CFR §570.3 of the Regulations are incorporated
herein by reference and made a part hereof, and the terms defined in this section have the meanings given them:
A. "Act" means Title I of the Housing and Community Development Act of 1974, as amended, (42
U.S.C. 5301 et seq.).
B. "Regulations" means the rules and regulations promulgated pursuant to the Act, including but not
limited to 24 CFR Part 570.
C. "HUD" means the United States Department of Housing and Urban Development.
D. "Cooperating Unit" means any city or town in Hennepin County that has entered into a cooperation
agreement that is identical to this Agreement, as well as Hennepin County, which is a party to each
Agreement.
E. "Consolidated Plan" means the document bearing that title or similarly required statements or
documents submitted to HUD for authorization to expend the annual grant amount and which is
1
• IV. ACTIVITIES
COOPERATING UNIT agrees that awarded grant funds will be used to undertake and carry out, within the
terms of this Agreement, certain projects involving one or more of the essential activities eligible for funding under
the Act. COUNTY agrees and will assist COOPERATING UNIT in the undertaking of such essential activities by
providing the services specified in this Agreement. The parties mutually agree to comply with all applicable
requirements of the Act and the Regulations and other relevant Federal and/or Minnesota statutes or regulations in
the use of basic grant amounts. Nothing in this Article shall be construed to lessen or abrogate COUNTY's
responsibility to assume all obligations of an applicant under the Act, including the development of the Consolidated
Plan, pursuant to 24 CFR Part 91.
COOPERATING UNIT further specifically agrees as follows:
A. COOPERATING UNIT will, in accord with a COUNTY - established schedule, prepare and provide to
COUNTY, in a prescribed form, requests for the use of Community Development Block Grant Funds
consistent with this Agreement, program regulations and the Urban Hennepin County Consolidated
Plan.
B. COOPERATING UNIT acknowledges that, pursuant to 24 CFR §570.501 (b), it is subject to the same
requirements applicable to subrecipients, including the requirement for a written Subrecipient
Agreement set forth in 24 CFR §570.503. The Subrecipient Agreement will cover the implementation
requirements for each activity funded pursuant to this Agreement and shall be duly executed with and
in a form prescribed by COUNTY.
• C. COOPERATING UNIT acknowledges that it is subject to the same Subrecipient requirements stated
in paragraph B above in instances where an agency other than itself is undertaking an activity pursuant
to this Agreement on behalf of COOPERATING UNIT. In such instances, a written Third Party
Agreement shall be duly executed between the agency and COOPERATING UNIT in a form
prescribed by COUNTY.
D. COOPERATING UNIT shall implement all activities funded for each annual program pursuant to this
Agreement within Ew ; F tZ4 Eighteen (18) months of the authorization by HUD to expend
the basic grant amount.
1. Funds for all activities not implemented within Eighteen (18) months shall be
transferred to a separate account for reallocation on a competitive for,proposal basis.
2. Limited extensions to the implementation period °��s may be granted upon request only in
cases where the authorized activity has been initiated and/or subject of a binding contract to
proceed.
3. If COUNTY is notified by HUD that it has'not -met the performance.;standard ' for
expenditure of funds at 24 CFR 570.902(a) and the COUNTY erititlement_grant isxeduce
Hcorrective' d by
UD,,:according to its policy on actions; th the basic, grant .amount to'
COOPERATING -UNIT _that has not met its: expenditure goal shall: tie,;reduced. in.a ma
nn
_._ . .
proportionate to thereductiori in the COUNTY A'
E. COOPERATING UNIT will take actions necessary to assist in accomplishing the community
S development program and housing goals, as contained in the Urban Hennepin County Consolidated
Plan.
3
E. COUNTY may, at its discretion and upon official request b COOPERATING UNIT, P q y IT, to
• administer, for a possible fee, other programs and /or activities funded pursuant to this Agreement on
behalf of COOPERATING UNIT.
F. COUNTY may, as necessary for clarification and coordination of program administration, develop and
implement Administrative Rules consistent with the Act, Regulations, HUD administrative directives,
and administrative requirements of COUNTY.
V. ALLOCATION OF BASIC GRANT AMOUNTS
Basic grant amounts received by the COUNTY under Section 106 of the Act shall be allocated as follows:
A. COUNTY shall retain Thirteen percent °' (13 %) of the annual basic grant amount for the
i4ties. the administration ofthe program. Included in this administrative
amount is funding for annual county -wide Fair Housing activities.
B. The balance of the basic grant amount shall be made available by COUNTY to COOPERATING
UNITS in accordance with the formula stated in part C and the procedure stated in part D of this
section for the purpose of allowing the COOPERATING UNITS to submit funding requests. The
allocation is for planning purposes only and is not a guarantee of funding.
C. The COUNTY will calculate, for each COOPERATING UNIT, an amount that bears the same ratio to
the balance of the basic grant amount as the average of the ratios between:
1. The population of COOPERATING UNIT and the population of all COOPERATING UNITS.
2. The extent of poverty in COOPERATING UNIT and the extent of poverty in all
COOPERATING UNITS.
3. The extent of overcrowded housing by units in COOPERATING UNIT and the extent of
overcrowded housing by units in all COOPERATING UNITS.
4. In determining the average of the above ratios, the ratio involving the extent of poverty shall be
counted twice.
D. Funds will be made available to communities utilizing the formula specified in C of this Section in the
following manner:
1. COOPERATING UNIT qualifying as a Metropolitan City (having populations of at least
50,000) will receive annual funding allocations equal to the HUD formula entitlement or the
COUNTY formula allocation, whichever is greater. 1
2. Other COOPERATING UNITS with COUNTY formula allocations of 5
$7 000 or more will
receive funding allocations in accordance with the formula allocations.
3. COOPERATING UNITS with COUNTY formula allocations of less than $75,000 will have
their funds consolidated in a pool for award in a manner determined by COUNTY. Only the
• COOPERATING UNITS, whose funding has been pooled, will be eligible to compete for these
funds.
5
• VIII. HENNEPIN COUNTY EXECUTION
The Hennepin County Board of Commissioners having duly approved this Agreement on
2002, and pursuant to such approval and the proper County official having signed this Agreement, the COUNTY
agrees to be bound by the provisions herein set forth.
COUNTY OF HENNEPIN, STATE OF MINNESOTA
By:
Chair of its County Board
And:
Assistant /Deputy /County Administrator
Attest:
Deputy /Clerk of the County Board
And:
Assistant County Administrator, Public Works and County
Engineer
• APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL
Assistant County Attorney Director, Housing, Community Works and Transit
Department
Date: Date:
APPROVED AS TO EXECUTION:
Assistant County Attorney
Date:
•
City g Council Agenda Item No. 9d
City of Brooklyn Center
A Millennium Community
To: Mayor Kragness and Council Members Lasman, Nelson, Peppe, and Ricker
From: Michael J. McCauley
City Manager
Date: June 5, 2002
Re: Fireworks
Attached are a memorandum from Paula Callies of Kennedy & Graven regarding
fireworks and a memorandum from Chief Bechthold. Chief Boman raised the issue of
whether the City should consider regulating fireworks given the relaxation of State law
on fireworks.
As indicated in the memorandum, there are a few options in regulation:
licensing
• issues here involve fees and how we would regulate /inspect
• location
■ permanent building
■ certain zones
• hours
• safety regulations
• storage
• fire suppression?
The general consensus at the staff meeting was that licensing was not indicated, but that
some limitations on where and how fireworks were sold would be appropriate from a
safety and land use perspective.
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
e MEMORANDUM
RE: Fireworks Regulation/Ordinance
FROM: Paula Callies
DATE: June 3, 2002
FILE: Brooklyn Center
Many cities are questioning to what extent they can prohibit, or regulate the sale, purchase and use
of certain fireworks -type devices that are now legal under state statute within their own city, and
what form of regulations they could enact. Minn. Stat. §624.25 makes it illegal to "offer for sale,
expose for sale, sell at retail or wholesale, possess, advertise, use or explode any fireworks" as
defined in the statute (emphasis added), with certain exceptions such as supervised displays and
persons with a permit. Minn. Stat. §624.20, subd.l has been amended by Ch.350 —S.F. 2960 of the
2002 Session Laws by adding subdivision 1 (c) that now excludes from the definition of
"fireworks ":
"wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams or less of chemical
mixture per tube or a total of 200 grams or less for multiple tubes, snakes and glow works,
smoke devices, or trick noisemakers which include paper streamers, party poppers, string
poppers, snappers, and drop pops, each consisting of not more than twenty -five hundredths
grains of explosive mixture.
• The new subdivision 1(c) does include some restrictions and further provides that "[t]he use of
items listed in this paragraph is not permitted on public property. This paragraph does not authorize
the purchase of items listed in it by persons younger than 18 years of age. The age of a purchaser of
items listed in this paragraph must be verified by photographic identification."
In general, under the police power, a municipality may subject any business, profession and
occupation to reasonable regulation, including licensing. City of St. Paul v. Dalsin, 245 Minn. 325,
71 N.W.2d 855 (1955) This power extends to regulating the ill effects of business whether they
arise from the inherent nature of the business, the manner in which it is operated or its location and
surroundings. McQuillins, Municipal Corporations, Volume 7, §24.322. However, such regulation
is not without limitation and a municipality may not, under the guise of protecting the public,
arbitrarily interfere with private business or prohibit lawful occupations, or impose unreasonable or
unnecessary restrictions on them. The regulation must bear a reasonable relationship to the public
interest to be protected. State v. Finley, 242 Minn. 288, 64 N.W.2d 769 (1954). Regulation should
not exceed the necessities of the case and there is a distinction between those businesses that are
inherently innocuous, useful and desirable and those that are potentially harmful or dangerous.
Dalsin 71 N.W.2d at 859. Municipal regulation of business activities must conform and not conflict
with state statutes and policy. McQuillins Municipal Corporations,Volume 7, §24.323.
Under the police power, municipal corporations can prohibit certain businesses, or occupations
within the city or at certain locations where the prohibition is reasonably related to the protection of
public health, safety, morals and welfare. The test that is applied is if, where the particular business
• or sale of a particular article, is honestly and properly conducted, inflicts no public injury, then there
PAC-2156141
BR291 -3
is no justification for a law that prohibits an honest person from conducting the business in such a
manner so as not to cause harm to the public. Thus, "where the purported purpose of the municipal
legislation is to regulate a lawful activity, but its real purpose is to prohibit by onerous and
exasperating restrictions, under the guise of regulation, the ordinance will be deemed
unconstitutional and invalid. McQuillins, §24.324, Volume 7, page 270.
Based on the above, the likelihood appears high that an ordinance totally prohibiting all sales, and
use, etc. of the "non- fireworks" devices within a city would not be sustained by a court if
challenged. This type of product, or business seems to fall more within the category of those that if
handled and operated properly, is not necessarily harmful to the public. This seems particularly true
where state law now excludes such products from regulation and where they are "nonexplosive"
and "nonaerial ". It is doubtful that an ordinance prohibiting totally just the temporary sales of the
"non- fireworks" would be sustained either. A strong argument could be made that a total
prohibition exceeds the amount of regulation that is necessary to address the problem. In addition, if
the city allows temporary sales, or peddling, of other types of products, it may be difficult to
distinguish those from the sale of the "non- fireworks" in a way that is not discriminatory.
Thus, I think a city could enact an ordinance regulating, but not totally restricting, the sales of the
"non- fireworks" items. The most restrictive form of regulation would probably be requiring
licensing of businesses for such sales. Care would have to be taken in establishing the license
conditions, so that they do not actually amount to a total prohibition. The City could also require a
permit to sell these items. Since the state statute provides that the products may not be sold or used
on public property, the permit could, at a minimum, require information about the business location
® and insure that there is permission from the property owner for the activity to take place at that
location.
The City could also enact an ordinance related to the sales of these devices to reasonably regulate
the hours, location, type of building, safety regulations etc. How strict these regulations could be
depends on the actual facts and evidence as to the degree of danger posed by these devices, since the
ordinance restrictions must be reasonably related to the public welfare interest at issue. I think it
would be prudent for the city to make a record of those facts, because this would increase the
chance that any particular restriction would be upheld. Thus, if the evidence is that the sparklers do
not really create a spark that could ignite, then prohibiting tent sales is overburdensome. If on the
other hand, the facts are the opposite, then more restriction is permissible.
Cities are taking a range of approaches in regulating the now -legal fireworks. Many cities seem to
want to prohibit temporary, or transient merchant sales. Some proposed ordinances are very detailed
in terms of proscribing the location of sales facilities, quantity of product on the premises, amount
of insurance required etc. Other cities require a permit for sales and are proposing more moderate
regulation, such as that the sales location conform to applicable fire and building code regulations.
•
PAC- 214460v l
CR205 -30
BROOKLYN CENTER � Co
10 POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Chief Scott Bechthold
DATE: June 6, 2002
SUBJECT: Fireworks
I have reviewed the memorandum from Paula Callies of Kennedy 8: Graven regarding fireworks.
It is my recommendation that the licensing of fireworks is not warranted at this time, but the City
should enact an ordinance that regulates the sale of now -legal fireworks.
The purpose of the ordinance would be to prohibit temporary, or transient sales and require
locations that do sell fireworks to conform to applicable fire and building code regulations. The
• regulations at a minimum should state that sales be from:
• A commercially recognized retail outlet
• Enclosed building with a code approved sprinkler system
• Display and storage must be 50 feet from igniters or flammable materials
If I can be of further assistance, please contact me.
i
•
City Council Agenda Item No. 9e
•
MEMORANDUM
June 5, 2002
To: Michael McCauley, City Manager
From: Scott Bechthold, Chief of Police
Subject: Code Enforcement Activities
The following is a summary of our current Summer Sweep efforts.
Current status of sweep
As of today, Census track 1,2, 3 and a majority of 4 have been inspected and first letters
of compliance have been mailed out. This represents approximately three- fourths of the
homes in Brooklyn Center.
Number of Violation by Tvpe
The following is a breakdown of orders issued to date:
Garbage Storage /Removal 8
® Parts /Engines & Related Items 2
Accum. of Rubbish/Brush/Debris 51
Accum. of Junk/Fumiture /Appli. 38
Illegal Parking /Storage Vehicles 83
Unlicensed/Inoperable Vehicles 128
Yard Maintenance (Seed & Sod) 4
Proper Addressing 6
Miscellaneous (14 Days) 3
Fences 6
Accessory Buildings 4
Windows/Doors /Screens 4
Stairs /Porches/Decks 3
Driving /Parking Area Repairs 11
Foundations /Ext Walls /Roofs 5
Miscellaneous (60 Days) 2
Miscellaneous (30 Days) 5
Total Number of Violations 363
•
Most notable addresses are 6031 Halifax Ave. N. and 6609 Camden Dr. We have met
with the property owners and all violations were discussed. A compliance deadline was
set for June 19, 2002.
Concerns raised durine sweeps:
There have been several violations of noxious weeds found throughout the city as the
second week of the sweep has progressed. Special concern is the repeat offenders of this
ordinance (19 -1601) and current action taken to gain compliance.
Sgt Benner will be meeting with Joyce Gulseth (Engineering) next week to discuss a
combined enforcement effort with their department. Currently Joyce's department
doesn't use the PIM's computer system to track offenders so we have no way of checking
if there is any pre- existing orders sent to a resident for compliance from their weed
inspector.
Staffing:
Our new NLO's, Malissa Melton - Otunba and Rebecca Boie, have both demonstrated a
clear understanding of their duties and the scope of the Sweep program. Sgt. Benner
feels very confidant that we are ready to proceed to the second level of the sweep, which
will be second notices and court preparations for citations issued to non - compliant
residents.
• Proeress forecast:
A projected date of July 12 was forecasted for a completion of this summer sweep
before Deb Hanssen's, departure.
Although Deb's replacement was not in service until May 20 Sgt. Benner is confident
that we are ahead of schedule and the residential sweeps should be completed before July
1 st. We will then begin the apartment sweeps.
Both of the new NLO's have shown great enthusiasm for this program to succeed and we
are putting a strong emphasis on voluntary compliance.
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e
City Council Agenda Item No. 9f
•
e
QOKLYN CEpT
BROOKLYN CENTER
• �i
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Scott Bechthold, Chief of Police
DATE: June 6, 2002
SUBJECT: May Mobilization Traffic and Safety Saturation
The May Mobilization traffic and safety enforcement project began May 28, 2002, and will end
on June 7, 2002. We have dedicated five officers to work this project each day for a total of eight
days. No overtime dollars have been used toward this project. Listed below is a summary of
their activity through day six:
• 1. Speed Citations 358
2. Seatbelt Citations 99
3. Signs and Semaphores 52
4. Child Seat Violations 5
5. Other Traffic 49
6. Other Arrests 21
Total Activity 593
The areas of concentration have been based upon a statistical review of reported problem areas
and traffic accidents. Some of the more notable areas have been Humboldt, Hwy 100, 69 Ave,
and Brooklyn Blvd.
Once the project is completed, a final report will be forwarded for your review.
•
•
City Council Agenda Item No. 9g
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS
CONDITIONS SAFETY AND HEALTH HAZARDS AND OTHER
ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO
THOSE APARTMENT BUILDINGS LOCATED AT 2802, 2806, 2810, 2814,
2818, 2822, 2826, 2830, 2834, 2838, 2900, 2904, 2908, 2912, 2916, 2920,
2924, 2928, 2932, 2936 AND 2940 NORTHWAY DRIVE, BROOKLYN
CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS TRACT B,
REGISTERED LAND SURVEY NO. 1186 HENNEPIN COUNTY,
MINNESOTA
WHEREAS, Minnesota Statutes 3 463.15 et seq defines a hazardous building
or hazardous property as any building or property which because of inadequate maintenance,
dilapidation, physical damage, unsanitary condition or abandonment constitutes a fire hazard
or hazard to the public safety or health; and
WHEREAS, Brooklyn Center City Ordinances Chapter 12 provides certain
minimum standards and requirements for the habitability of dwellings to prevent conditions
and correct conditions that adversely affect or are likely to adversely affect the life, safety,
general welfare and health of persons occupying buildings; and
WHEREAS, Sections 12 -1101 and 12 -1102 of the ordinances of the City of
Brooklyn Center provide that any building or portion thereof which is damaged, dilapidated
or unsafe may be declared unfit for human habitation and upon such declaration, the owner
thereof shall make the property safe and secure so that it is not hazardous to the health,
welfare and /or safety of the public and building users and does not constitute a public hazard;
and
WHEREAS, Brooklyn Center City Ordinances, Chapter 3 adopts the Minnesota
State Building Code and the Uniform Building Code and further provides, inter alia, that any
building structurally unsafe and /or constituting a fire hazard and /or which is otherwise
dangerous to human life and /or which constitutes a hazard to safety, health and /or public
welfare by reason of inadequate maintenance, and /or dilapidation is declared to be a public
nuisance and such conditions must be abated by repair or rehabilitation; and
WHEREAS, Brooklyn Center City Ordinances, Chapter 5 adopts the Uniform
Fire Code providing, inter alia, that any conditions constituting a violation of Chapter 5 or
any law which violation creates a fire hazard shall be remedied; and
RESOLUTION NO.
WHEREAS, the Brooklyn Center Building Official and Building Inspectors
conducted a thorough and comprehensive inspection of all of the aforementioned buildings
and the 252 apartments they contain as well as common areas and garages on the 23rd, 24th
and 25th of January and 14th and 15th of February, 2002 and subsequently re- inspected the
premises with John Meyer, a registered structural engineer, Charles Brenner, a registered
principal materials civil engineer, Tracy Melin, a microbiologist and Steve Mayer, a roofing
expert, whose reports are attached hereto and incorporated herein and found that the roofs
and exteriors of all of the buildings were suffering from significant damage, dilapidation and
lack of maintenance rendering all buildings hazardous within the meaning of Minnesota
Statute 463.15 as follows:
The roofs of all buildings showed definite evidence of long term water
intrusion resulting in the roof structure, substrate, underlayment, base
plies, roof covering and insulation becoming saturated with water, with
deterioration of the membrane and structural integrity of the roofs,
blistering of roof tar and membrane and soft roof decks as evidence of
internal water damage. Open holes one half inch to one inch exist in
many areas of roof flashing, clearly allowing water intrusion resulting,
in the conclusion of the building official, of the necessity of replacing
all roof coverings and underlying structures as determined necessary by
the Building Official.
Deterioration of metal roof parapet flashings allowing water to migrate
down behind the exterior brick causing significant bulging and
deterioration of the exterior stucco finish, interior water staining of wall
board and ceilings of individual apartments, evidence of mold
throughout the buildings leading to the conclusion of the building
official that the long term and unchecked intrusion of water has caused
mold to form within each building requiring a formal and separate
inspection of the mold and abatement of the mold hazard. The presence
of moisture is further indicated by thermal scans of the exterior of
several buildings.
RESOLUTION NO.
All balcony structures attached to the buildings are unsafe as the posts
upholding them are not properly supported by placement upon concrete
footings nor secured thereto, there is no evidence that the balconies are
fastened externally to the building, horizontal steel railings, serving a
secondary support, are poorly fastened to the posts and all posts display
significant cracks leading the building official to conclude that the
safety and integrity of the balconies is questionable and must be
properly repaired; and
Glass located within 24 inches of the vertical edges of all doors and
common areas which is required to be safety glass has been replaced
with regular insulated glass, not safety glass; and
WHEREAS, the city inspectors, inspected each of the 252 units in the
apartment complex and common areas and generally found that the conditions therein
constituted significant hazards to the lives, safety, health and welfare of the tenants and
premises users by reason of the following:
All smoke gaskets attached to apartment doors have been
painted reducing or destroying their effectiveness.
Many interior and bedroom windows are not in operating
condition and would make egress from the apartments in an
emergency very difficult.
Fire doors throughout the buildings were not in operating condition.
Many smoke detectors, required to be in apartment units and
common areas, were missing or not functioning.
Mold is present in many apartments and common areas, indicating the
presence of prolonged interior moisture. Mold is known to cause
significant health problems and this mold condition is likely to become
more serious and widespread with the onset of warm and humid
weather. The mold is also capable of causing structural damage.
RESOLUTION NO.
Environmental experts, including a microbiologist, after an inspection
of the premises, found certain types of mold in apartment units and
common areas, which mold species require the presence of high water
activity conditions. Medical and environmental literature identifies
mold as a potentially serious health hazard requiring abatement.
Moisture penetration is evident in many apartments, as evidenced by
rust- colored stains in the ceilings and walls and especially around
air - conditioning units. Ownership and management have attempted to
conceal these problems merely by using stain killers, and paint and overlaying
sealant, allowing these moisture laden walls then to become a further breeding
place for mold and mildew.
A high number of toilets are not securely fixed to the floor, allowing
raw sewage to enter the floor assembly at the time of each
flush, constituting a health hazard to tenants and possible serious
damage to the flooring.
The structural integrity of the apartment floors, subfloors underlayment
and floor joists is questionable due to the long term presence of
water from leaking toilets, sinks and bath tubs; and
WHEREAS, The Minnesota Housing Finance Agency inspected the
premises in July 2001 and found that:
"This property [Summerchase] is suffering from a lack
of basic maintenance and upkeep to the extent that a sig-
nificant number of buildings and units fail habitability
standards. Several tenants reported to inspectors that
maintenance requests are either ignored or not repaired
properly or are not handled in a timely basis. Several
tenants reported that at initial occupancy, representations
were made that carpets would be cleaned and /or items repaired
but were never completed. In addition, it appears that there
are unacceptable tenant leasing practices that do not ade-
quately screen undesirable tenants for initial occupancy
or which allow households who are knowingly causing
damage to remain in their units. Management does not
RESOLUTION NO.
appear to be taking appropriate action for lease violations.
It is our understanding that a significant number of police
calls occur at this property on a weekly basis" and
WHEREAS, this report was sent by the Minnesota Housing Finance Agency
to Armand Brachman and Brooklyn Center Leased Housing Associates, L.L.P. with a Notice
of Noncompliance, by certified mail on 30 August 2001, clearly notifying them of the lack of
habitability of the buildings and apartments and requiring them to correct each deficiency
within 90 days, and
WHEREAS, the city inspection in January and February 2002 and subsequent
thereto reveals continuing, widespread and profound housing maintenance and building code
violations, directly threatening the health, welfare and safety of tenants and premises users.
NOW, THEREFORE, BE IT RESOLVED by the City of Brooklyn Center that:
1. The City Council finds that the above - described property, buildings and
apartments are hazardous due to inadequate maintenance, dilapidation, physical damage and
the presence of mold constituting hazards to the public and tenant safety, welfare and health.
2. The City Council pursuant to Minnesota Statutes, section 463.16 herewith
orders the correction of all hazardous conditions upon and at said property, as follows:
a. Within twenty business days from the date of this order, Brooklyn Center
Leased Housing Associates, L.L.P. shall cause a thorough inspection of the external and
internal roofs, external and internal walls, floors and exteriors and interiors of each building,
building entrance, balcony and apartment, by a registered structural engineer, in the presence
of the city building official and city- retained experts, to fully investigate and report upon the
structural integrity and condition of said buildings and to thereafter, submit to the city for
approval, within ten business days thereafter, plans for repair and /or replacement of all
deficient, dilapidated, damaged and hazardous conditions, restoring said buildings to
conformity with all applicable housing maintenance and building and fire safety codes. Such
inspection shall, at a minimum, require complete thermal scanning of all building roofs and
exterior walls, common areas and selected apartments and such intrusive testing as
recommended by Charles R. Brenner, Principal Materials Engineer, and John Meyer,
Registered Structural Engineer, according to their reports attached hereto and incorporated
herein. The apartments selected for thermal scanning and intrusive testing shall be units that
are selected by the City of Brooklyn Center because they have been identified as locations
RESOLUTION NO.
where water damage has, or may have, occurred or where mold was, or may have been,
present, by previous inspections, resident complaints or recommendations of the city's
professional consultants. Upon completion of such scanning, testing and inspection, the City
Manager may require Brooklyn Center Leased Housing Associates L.L.P to undertake such
further and additional investigation, testing and inspection as is deemed advisable by expert
consultants to fully assess the causes, nature and extent of water damage, mold infestation,
structural problems or the like and to determine and design appropriate remediation thereof.
b. Within twenty business days from the date of this order, Brooklyn Center
Leased Housing Associates, L.L.P. shall cause a thorough inspection of the external and
internal roofs, external and internal walls, exteriors and interiors of each building and
apartment, including floors and subfloors, by a microbiologist or other expert with expertise
as to mold and mold conditions, in the presence of the city building official and city- retained
experts, to identify, all hazards to human safety, health and welfare and to, thereafter, submit
to the city for approval, within ten business days thereafter, plans for elimination of all
present hazards to human health, safety and welfare and further for the prevention of the
same. Upon completion of such scanning, testing and inspection, the City Manager may
require Brooklyn Center Leased Housing Associates L.L.P. to undertake such further and
additional investigation, testing and inspection as is deemed advisable by expert consultants
to fully assess the causes, nature and extent of water damage, mold infestation, structural
problems or the like and to determine and design appropriate remediation thereof.
c. Within seven business days from the date of this order, without altering,
repair and/or replace, as necessary all apartment and building windows such that they open,
close and operate freely and properly and to maintain said windows in good, operating
condition.
d. Within seven business days from the date of this order, without altering,
repair and /or replace smoke detectors and maintain all required smoke detectors in good and
operating condition.
e. Within seven business days from the date of this order, install city- approved
smoke gaskets to each apartment door and replace or repair all fire doors such that they are
and remain in good operating condition thereafter.
f. Within seven business days from the date of this order, replace all non - safety
glass with safety glazed glass in all buildings where glass is located within 24 inches of the
vertical edges of doors.
RESOLUTION NO.
g. Within seven business days from the date of this order, replace deteriorated
subfloor and decontaminate as necessary, properly secure all toilets to prevent discharge of
any contents anywhere except into enclosed, functioning plumbing.
3. Said inspections shall be conducted with due regard for the rights of the
tenants and occupants with adequate, prior notice given by Brooklyn Center Leased Housing
Associates, L.L.P. pursuant to law; and
4. Failing complete obedience to and compliance with this order, or filing a
timely answer thereto, then the immediate and summary enforcement of the order in the
Hennepin County District Court pursuant to Minnesota Statutes Chapter 463.
The City Manager is hereby authorized to cause and carry out the abatement described herein
and to perform all other tasks and functions reasonably incident thereto and to keep an
accurate record of the cost of all actions and proceedings herein, including administrative
time, attorneys' fees, costs and disbursements and all other costs of the enforcement of this
Order and to send a statement of such costs to the landowners and other parties in interest
who are directed herewith to pay the same.
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 duly passed and adopted.
•
Summerchase Apartments
Inspection Report
Prepared For
Minnesota Housing Finance Agency
April 5, 2002
Submitted by:
W. 0/6�'
'',/Larry Martin, Building Official
•
i
SUMMARY OF EXTERIOR BUILDINGS
• SUMMERCHASE APARTMENTS
The Brooklyn Center Inspections Department conducted a thorough inspection of the
Summerchase Apartment complex on January 23, 24, 25, February 14 and 15, 2002. As a
general comment, this complex of 252 units suffers from a long -term pattern of neglect resulting
in our serious concern as to the potential threat to the health and safety of the residents and others
on site. The lack of maintenance and general disrepair is evidenced throughout the complex.
While the general lack of maintenance within the complex has resulted in virtually hundreds of
violations of the City's Maintenance Code and is an ongoing concern to the City of Brooklyn
Center that must be addressed, the serious health and safety issues currently present need to be
addressed immediately. The roof system on every building has been ignored and allowed to
deteriorate to the point that the structural integrity of the buildings is in serious question. The
failure to maintain these buildings has also created an enviromnent conducive to the growth of
mold that has been observed in every building. Even as we inspected, our inspectors witnessed
maintenance people spraying mold covered walls with "Kilz" and then painting the same. Water
damage is prevalent in all buildings as noted by the presence of mold, stained ceilings, bulging
stucco, blisters in the roof membrane and other areas noted in this report. A common problem
encountered was loose toilets throughout the units, this problem has undoubtedly lead to raw
sewage leaking into the floor ceiling assemblies. Evidence of leaking plumbing stack vents was
encountered in open chase walls in laundry rooms. This is attributed to the failing of various
structural components which in turn has caused movement in plumbing waste and drain systems.
• Wall penetrations allowing the elements directly into the building were commonplace as is the
lack of flashing around air conditioners, decks and so forth. The current situation at
Summerchase is so grave that I believe there exists an immanent threat to the lives and safety of
the residents. The roof systems are beyond repair and will have to be replaced. There are also
major issues with failing deck structures that should not be used until corrective measures have
been taken. There are numerous inoperable bedroom windows that constitute a life safety hazard
in the event of a fire as well as missing, painted or inappropriate smoke gaskets. Inoperable fire
doors are present throughout the entire complex. Building entryways have insulating glass
where safety glass is required. Any location within a 24 -inch arc of either vertical edge of the
door in a closed position requires safety glass. Safety glass is designed to minimize cutting and
piercing injuries when impacted by people. These and other concerns noted in this report give
rise to our concerns as to the health and safety of the residents of Summerchase.
Roofs
There is ample and wide spread evidence of roof structure sag at plumbing jack vents were the
flashing system has separated thus allowing water to enter the structure. Several areas show
evidence of water ponding on the roof. One ongoing cause to the ponding is the continued lack
of maintenance as evidenced by the debris found on all roofs. In a significant number of cases,
the debris has clogged the scuppers not allowing the water to drain as the roof was designed.
These conditions can be attributed to long -term lack of maintenance and /or repairs.
The long -term effect of water being able to infiltrate the roof system has caused a degradation of
the entire roof system. Several areas for concern include:
• Summerchase Ext Summaries
Page 1
1. Remove and replace roof membrane. The roof structure, substrate, underla meat
o y�
base plies, roof covering and insulation have become saturated with water thus losing
R- value. Replace all of the broken roof jacks that have deteriorated away and
separated from the sanitary vents). All garbage and debris from the roof deck should
be removed to allow proper roof drainage. The roof membrane is blistered and the
roof deck is soft from water ponding in several areas. Replacement of the roof
flashings where damaged or deteriorated is necessary to prevent further water
migration.
2. Water entering through degraded plumbing jack vents has migrated into open
plumbing chases, which could possibly lead to the decay of framing members and
create a breeding ground for mold. Areas with mold growth have been identified and
are widespread. An explorator}; investigation by a certified testing agency should be
undertaken to determine the cause and extent of the problem and the proper corrective
action.
3. Metal roof parapet flashings show evidence of deterioration along with separation of
the roof membrane at corners allowing water to migrate down behind the brick wythe.
Water staining is evident on the interior gypsum wallboard of individual apartment
walls bringing to point a question as to the integrity of the building wall system i.e.
framing members, exterior wall sheathing, wall cavity insulation, and interior gypsum
wallboard. There is also strong evidence that water infiltration has occurred behind
o exterior stucco. Several areas of concern include but are not limited to the roof
flashings, air - conditioner wall penetrations, no flashings along deck ledgers and
stucco surface cracks. Many areas of the stucco have deteriorated to a point that the
lath has pulled away from the building sheathing (in some areas four plus inches).
This once again raises concern about the integrity of the weather- resistive barrier,
wall sheathing, framing members and wall cavity insulation. There is further
evidence of water stains and mold, which is showing up on the interior gypsum
wallboard. Another concern would be for the residents' safety if the exterior
coverings (i.e. stucco) were to let lose from the building and fall. Mold growth and
the integrity of the building structure are a major concern. An exploratory air quality
investigation by a certified testing agency should be undertaken. A report detailing
the current conditions and recommended corrections consistent with the Minnesota
State Building Code should be submitted to the Building Official.
Decks
During our inspection of the exterior we encountered ncountered an ongoing problem with the decks.
1. The 6" x 6" posts supporting the deck structures show signs of severe shear fractures.
One cause is that the posts are not completely bearing on the footings nor is there any
type of positive connection to prevent the posts from moving on the footings.
2. There is cracked and missing stucco and no flashing along buildings on ledger boards
• thus exposing interior structural framing members and interior sub - flooring to the
Summerchase Ext Summaries
Page 2
weather and allowing water infiltration. Ledger boards which provide a positive
• comleetion to the building are also inadequately secured. Typical connections appear
to be a' /z" diameter lag screw spaced approximately 3 ft. on center. The ledger board
connections should be attached by a minimum of two 3/8" lag screws, 7" long, at a
maximum of 16 in, on center.
3. The deck structures appear to be pulling away from the buildings. Posts and beams
are cracked and twisted. Guardrails /handrails are separating from the building
structure where they are attached and from their attachment on the vertical main
supports.
4. Above the third floor decks is an existing horizontal support, which enters the exterior
walls through the brick veneer. The brick around these beams show signs of
deterioration from water infiltration and the freeze -thaw action that has occurred. The
horizontal beams show signs of sag and possible deterioration of the wood beam
itself. The beam was hard to fully investigate due to the owners recently enclosing
them with a metal wrap. The coverings should be removed to allow full investigation
of the members. Two by four block untreated wood were noted to be filling a void on
most of the decks on top of the third level vertical post at the point of connection to
the horizontal beam indicating settlement.
Maintenance staff has tried to eliminate the signs of failure of the deck supporting posts by
. caulking the shear fractures and bolting four by four lumber along side the failing posts.
The structural integrity of the decks, footings, and buildings need be investigated by a
structural engineer licensed by the State of Minnesota. The findings of the engineer need to
be submitted to the Building Official along with a detailed report as to the appropriate ( 1997
Uniform Building Code consistent) corrective measures that are required. Based upon our
observations all of the deck structures on the site must be posted as unsafe for use until
a thorough investigation has been completed.
Main BuildinZ Entrances
Main building entrances were inspected on both the interior and exterior to determine the
extent of deterioration. The items listed below were common to all the main entrances.
I . Glass that is located within 24" of the vertical edges of doors in all locations shall be
safety glazed per State of Minnesota Building Code, Chapter 24. Many sections of safety
glass around the main building entrances have been replaced with regular insulated glass.
This is typical in most locations.
2. Exterior wood that has deteriorated has been recently painted over and /or covered with
aluminum cladding. It is necessary that the wood be replaced prior to painting or
covering with any other materials.
3. Visible water damage on interior foyer walls raises concern for the safety of the
• residence. Maintenance has tried to cover water staining by applying fresh paint, adding
Summerchase Ext Summaries
Page 3
furring strips and caulking around glass above entry doors. There is strong evidence that
• structural deterioration has occurred. Doors do not close properly and deflection is
noticed in the entrance when doors close. Door frame and window misalignment /sag has
also occurred. Entrances will require structural analysis and possible complete removal
and reconstruction.
Gara .-es
A complete walk through was conducted in all the garages. The following is a list of the
most common items found:
1. Unauthorized electrical work done. Permits required.
2. Unauthorized mechanical work done. Permits required.
3. Garages that are currently used as maintenance shops or storage have been
structurally altered and the occupancy has changed without contacting the Building
Official or obtaining permits. Cease use immediately
4. Structural damage in several areas where walls and overhead doors have been hit by
vehicles.
5. Decayed wood should be replaced.
6. Graffiti on exterior garage walls facing residential neighborhood needs to be
removed.
7. Brick veneer separation has occurred.
Landscape
® Although there was some snow cover during this inspection, a lot of work is required to restore
the landscaping around the buildings. The owner must start by repairing /replacing scuppers and
downspouts, provide positive drainage to the right -of -ways and /or catch basins. Also, tree
stumps left over from tree removal should be removed.
Owner must remove directional signs from public right of way and leasing banner from building.
Abandoned Exterior Boiler Rooms
• Missing brick and mortar.
• Entrance doors and hardware in need of repair
• Deteriorated wood.
• Interior of rooms need cleaning.
• Water supply and return lines are uncapped.
Typical condition of interior gypsum walls
The interior gypsum walls in all of the units inspected show signs of moisture penetration, which
manifests itself as a rust colored stain around windows, doors and through in -wall A/C
penetrations. Management has tried to fix this problem by using stain killers and paint. Globs of
drywall mud have been smeared around the perimeter of A/C openings, doors and windows,
which has only exacerbated the problem. The moisture -laden walls are now a breeding place for
mold and mildew. After inspecting all of the interior living units at Surnmerchase Apartments, it
• is this inspector's opinion that the moisture in the exterior walls has an exterior source. (See
Summerchase Ext Summaries
Page 4
photos) A permanent solution to the cause of the moisture problem and the repair of the
damage caused by its presence needs to be addressed.
Typical condition of bathroom ceilings and floors
In this inspector's opinion, the maintenance personnel responsible for bathroom ceiling repairs
have not been trained to complete such repairs. Consequently, the quality of the repairs is poor.
Gypsum drywall repair is a two or three step process requiring sanding between coats. The types
of repairs I have witnessed at this complex ignore surface finishing. Some drywall I have
inspected has pulled away from wood framing causing a bulge or belly effect, which will
eventually cause this gypsum to fall down. Many years of neglect and deferred maintenance
have left the floors of bathrooms in a weakened state. therefore, starting from the floor up,
subfloors, underlayment and joists must be verified as structurally sound before plumbing
and ceiling repairs are attempted. The plumbing needs to be inspected for integrity
because of the many leaking sinks, bathtubs and water closets (toilets), which an
unreasonably high number were found to be loose thus allowing raw sewage to enter into
the floor ceiling assembly every time the toilet is flushed. The long -term effects of this can
destroy the building structure and is a serious health hazard to the tenants.
Exterior
All rotted exterior wood trim around doors and windows needs to be removed and replaced with
new wood. All exterior trim also needs to be scraped to remove old and flaking paint and primed
prior to painting with a good quality exterior paint. While inspectors were on site it was noted
. that maintenance staff was painting exterior trim in weather conditions that would normally void
the manufacture's specifications and warranty (Average daily temperatures in the 20's).
Mechanical
Rebuild or replace RPZ's (Reduced Pressure Zone backflow Preventer Assembly) on entire
complex or provide plumbing contractor certification with date for each RPZ installed or
serviced. (Plumbing permit is required.) RPZ valves require yearly inspection and rebuild
every five years. Plumbing contractor shall hang certification tag on each individual RPZ in
every building.
Every mechanical room shall have an up to date boiler license prominently displayed with
the name of the on site boiler tech. The integrity of the one -hour rated boiler room wall in
most cases has been compromised. Make necessary repairs.
GENERAL NOTES:
• Replace all painted door smoke gaskets with new. Removing paint from smoke gaskets
will not be accepted.
• When exterminating for rodents or insects, exterminate the entire building.
• Summerchase Ext Summaries
Page 5
• Ensure that security doors are operational. Verify call boxes as operational with
updated and correct phone numbers.
• Double /single hung windows need to remain open without assistance and shall lock when
closed. Cutting the plastic window frames to make adjustments is not an acceptable
means of repair.
• The vinyl wall covering in the main entry of most buildings has been painted over and is
peeling. Remove the wall covering: make the necessary repairs and properly paint
walls.
• Certification of all RPZ (Reduced Pressure Zone) backflow preventer assembly
valves is required.
• Summerchase Ext Summaries
Page 6
""� ' MEYER, BORGMAN AND JOHNSON, INC. John E. Meyer, P. E.
CONSULTING STRUCTURAL ENGINEERS Richard E. Wiehle, P. E.
Daniel E. Murphy, P. E.
0 Michael J. Rarnerth, P. E.
May 13, 2002
Mr. William Clelland
Carlson, Clelland and Schreder
Attorneys at Law
6300 Shingle Creek Parkway
Suite 305
Brooklyn Center, MN 55430
RE: Structural Examination and Evaluation
Summerchase Apartments
2900 Northway Drive
Brooklyn Center, MN 55430
• Dear Mr. Clelland,
Meyer, Borgman and Johnson, Inc., Structural Engineers, was requested to examine the subject
apartment complex on March 28, 2002 in order to evaluate the structural condition of the various
residence units. I was assigned to perform this investigation.
On April 12, 2002, 1 observed the exteriors of all 11 buildings in the complex. I was accompanied
by Ed Lovelace, Brooklyn Center Building Official, and Michale Bowe, Community Manager
employee of Surnmerchase Apartments. No disruptive or destructive testing of materials was done.
At this inspection the structural condition of wood-framed balconies that extend out from each
dwelling unit was noted. Each balcony structure supports 2 balcony levels each about 5 ft. x 12 ft.
in plan and a roof directly over them. The wood joists of the balcony levels are supported at the
building by lag screws of unknown capacity and by 6x6 wood posts that extend from concrete piers
at grade to the roof construction above. Many posts are eccentrically placed on the piers and some
barely make contact with the concrete. Several post bases have gaps of one inch between them and
the concrete piers below. Unknown supports evidently occur in these gaps. While it is possible
that some type of internal fastening exists between posts and piers such as steel dowel rods, no
exterior fastenings such as steel clips etc, are visible at any posts. Each post is nailed to the floor
of a balcony but does not appear to be fastened to the balcony (or the roof) above. Steel railings,
some of which are poorly anchored to the posts and to the building, presently serve as secondary
lateral supports for the posts.
0 12 South Sixth Street Suite 810 Minneapolis, MN 55402-1564 612.338-0713 Fax 612-337-5325
❑ 4913 Matterhorn Drive Suite 300 Duluth, MN 55811 218.722-1056 Fax 218-722-9306
Mr. William Clelland
May 13, 2002
Page 2 of 5
• The balconies should be strengthened as follows:
• Earth should be removed from around all posts and the mode of bearing and attachment to
the concrete piers should be determined.
• Treated wood shims should be placed to fill gaps between post bases and concrete piers.
• Steel connection angles (at least one 4 "x4 "xl /4 angle per post) should be installed between
bases and piers. Expansion posts into concrete and lag bolts into the posts from these
angles should be used.
• Connections between posts and balcony framing should be made. Posts that are fastened to
framing (at top or bottom) with six 16d nails per location are adequate.
• Balcony joists are fastened to a ledger member (probably a 2x8 piece) that is fastened, in
turn, to the exterior wall of a unit. The fastening to the wall appears to be made with lag
bolts of unknown size and length at 24" on center. A lag bolt for at least two balconies
should be removed to verify the size. Lag bolts 1 /a" dia. x 3" long at 8" on center and
penetrating 3 /a " thick plywood exterior wall sheathing would be required to support the
balcony loading given in the state building code.
• Balcony top railings must withstand lateral loads of 20 pounds per lineal foot placed on
them. The enclosures between the top railings and the decks must be similarly constructed
in accordance with the state building code. In order to achieve these criteria an 8 gauge
(0.164" dia.) wood screw x 2" long, or equivalent, must connect top and bottom rails to an
• adjacent post. The connections between rails and building exterior walls must be of the
same strength. It may be necessary to shim through the stucco siding and use longer screws
in order to directly connect to the (assumed) plywood sheathing. The repair of these
railings is critical because of the obvious dancer to balconv occupation.
The exterior walls are constructed of brick veneer or stucco on wood stud framing. The brick
veneer is virtually crack -free and the mortar appears sound and intact. Some efflorescence was
noted on several walls (the west face of unit 2826 for example). It is not possible to determine if
the efflorescence is caused by water moving from within the wall or from external saturation of the
brickwork.
The stucco surface was observed to have been placed on metal lath that was attached to the building
sheathing. Several prominent horizontal cracks with outward bulges of several inches along these
locations (3r story, west wall of unit 2818 for example). Such cracking and displacement can
indicate water - caused damage to the sheathing and wood framing behind the stucco.
A brick masonry feature that houses a boiler stack, about 30 ft. high, and an adjacent entry for a
stairs down to a below grade facility occurs in the large open court between the east and west
groups of units. The brickwork at the top of the stack housing is noticeably disrupted and could
fall. Two sides of the housing appear to be constructed of concrete block that is surfaced with a
cementitious coating. Heavy vertical cracks in each of the two concrete block sides of this feature
• could indicate structural distress such as from wind forces. Brickwork on the sloping surface of the
Mr. William Clelland
May 13, 2002
Page 3 of 5
• stairs entry is deteriorating. These conditions should be investigated further and remedied as
required.
On April 16 2002 p I observed the roofing installations on units 2932 and 2936 (one building) and
on units 2924 and 2928 (one building). I was accompanied by Larry Martin, Brooklyn Center
Building Official, Steve Mayer of Inspec, Inc., a Minneapolis roofing inspection agency, and
Michael Bowe of Summerchase Apartments.
The roofing material was observed to be asphalt felts (with asphalt coating) covered with pea
gravel. The gravel, functioning as a protective surface, was poorly distributed in a number of
areas. Bare felts /asphalt coating were evident in these locations. Major "clumps" of asphalt also
were seen in the bare spots. Several "blistered" areas, i.e. areas where felts had raised up and felt
soft or spongy, were found. These conditions indicate that the roofing is near to the end of useful
life. Undetected leaks may now be present.
The flashing felts at the cant strips which are a part of the roof edge system were observed to be in
extremely poor condition. Holes, 1 /2" to 1" in size, occurred in many locations where the flashing
turned corners. These breaks in the roofing systems of the two units that were inspected could
allow water to penetrate the exterior wall system and cause mold and rot. A report by Inspec, Inc.
confirmed these conditions.
On April 23, 2002 I inspected two apartment units. I was accompanied by Larry Martin, Brooklyn
Center Building Official and by the tenants of the units.
Unit 2830: Apartment 303. Sheetrock below two windows was water - stained. The exterior stucco
work between the balcony deck and the sill of a large window was noted to be loose and detached
from the exterior wall framing. A bulge in the exterior stucco work, approximately a 6"
protrusion, at the second floor level was observed from the balcony of this unit. The balcony
railings were observed to e poorly fastened to posts and to exterior walls.
Unit 2830: Apartment 201. A sample of water with flecks of black material was given to Larry
Martin.
Unit 2830: apartment 101 - see "text A"
Unit 2830: Apartment 102. The tenant reported the presence of mold in the carpet and behind a
plumbing access door.
Unit 2810: Apartment 202. The tenant stated that mold stains had been recently "painted over" at
several locations in the apartment. Black stains on the sills of the living room window and the
bathroom window were observed. The tenant felt that these were mold stains.
Mr. William Clelland
May 13, 2002
Page 4 of 5
• The basement slabs on grade were observed in both buildings. No evidence of slab settlement was
observed.
I have received a report from Braun Intertec, a Minneapolis testing agency, which identifies
various types of mold that have been found in several units. Two species of mold that were found
are "stachybotrys" and "memnoniella ", both of which are rated as being "toxic" in technical
literature.
A thermal scanning survey was made, also by Braun Intertec, on the exterior walls of many units
of the complex. The thermal camera unit is activated by infra -red effects that detect heat loss areas
in building walls. In this scanning operation, greater heat loss in sectors of walls that contain
moisture can aid in detecting such conditions. A preliminary report by Braun Intertec showed that
"thermal differences that likely indicate water leaks" are located at: scattered spots (extending)
from the roof on the exterior wall, in the vicinity of some windows, and at the lintels above
windows and doors at balconies.
A detailed summary of deficiencies in buildings conditions, together with photos of many cited
items was prepared by the Brooklyn Center Inspections Department. That information was also
considered in preparing this report.
. Summary and Recommendations
It is my opinion that damaging amounts of water could have and can continue to enter the exterior
walls and roof system through breaks in the roofing system and through openings in the walls at air
conditioning units, doors and windows. The presence of such conditions can result in rot and mold
formation which would cause serious health and safety problems.
Wood rot, when present, destroys the strength of building framing members and their connections
to one another such as between roof and floor joists and wood stud bearing walls. Rot is
particularly liable to occur at the junction between joists and supporting exterior wood studs
because such connections typically occur where water is most likely to enter. Ultimately the
structural stability of various building components could be jeopardized if rot conditions are not
detected and remedied.
The presence of mold in the walls of various units is a hazard to health. Once established it will
feed on wallpaper, wood and wood products, insulation and carpeting to name a few sources.
Vigorous treatment with "mildew -cide" materials such as bleach and special paint can eliminate
mold. However, it will return to previously treated areas if the source of dampness is not
eliminated.
Further investigation of wall conditions should be made. I recommend that sections of sheetrock be
removed from the inside faces of exterior walls in two units located at the top story in two
buildings of the complex. In each of the four units, selected because of moisture conditions
suggested in the thermal scanning survey and /or previously reported dampness /rot, an 18 "x18"
Mr. William Clelland
May 13, 2002
Page 5 of 5
section of sheetrock should be removed at the ceiling and floor. The sheetrock and stud wall
framing should be examined for mold and rot.
The stucco attachment to the exterior wall should be investigated where a pronounced outward
bulging is visible. I recommend that a 12 "x12" section of stucco be removed from the 3r story
west wall of Unit 2818, one location where this occurs, in order to examine the condition of the
building sheathing behind.
Sheetrock sections, 12 "xl2" should be removed from the lintels over two exterior doors to
balconies in order to examine the wood structure. Thermal scanning results should be used to
detect appropriate locations. Investigation of wood framing conditions at the sills of these doors
should also be made.
Balcony repair /reconstruction work should be performed as described in this report. Brick
masonry investigation and repairs should be made to the boiler stack housing and the adjacent
brick - surfaced stairs enclosure.
Please feel free to contact me if you have any questions regarding this report.
Sincerely,
• MEYER, BORGMAN AND JOHNSON, INC.
John E, Meyer, P.E.
Minnesota Cert. 4584
B0410102.403
BRAUN Braun Intertec Corporation
6801 Washington Avenue South
Minneapolis, Minnesota 55439 -1500
N T E RT E C R E C �E j. 1 2002 952 - 941 -5600 Fax: 941 -4151
O Engineers and Scientists Serving
the Built and Natural Environments"'
May 28, 2002 Project BADX -02 -1084
Sent Via Fax and U.S. Mail
(763) 561 -1943
City of Brooklyn Center
c/o Mr. William Clelland
Carson, Clelland and Schreder
6300 Shingle Creek Parkway, Suite 305
Brooklyn Center, MN 55430
Dear Mr. Clelland:
Re: Updated Work Plan for Moisture and Fungal Observations and Testing, Sulnmerchase
Apartments, Brooklyn Center, Milulesota
Further to our previous report of May 10, 2002, we have prepared a revised sampling plan for the
Summerchase Apartments. We have previously performed limited fungal sampling in units and have
performed thermography of portions of the buildings from the public right of way. Please see the
attached report for our updated work plan.
Please call me at (952) 833 -4720 if you have questions or conmients on this work plan.
• Sincerely,
Bralui Intertec Corporation
Charles R. Brenner, PE
Principal Materials Engineer
License Number: 19479
May 28, 2002
Attachment:
Report
c: Mr. Jack Meyer, PE; Meyer Borgman Johnson (Via Fax and U.S. Mail)
fax (612) 337 -5325
2002 \badx \02- 1084\rpt3
® crb:paa
City of Brooklyn Center
c/o Carson, Clelland and Schreder
Project BADX -02 -1084
• May 28, 2002
Page 2
Updated Work Plan for Moisture and Fungal Observations and Testing
Summerchase Apartments
Brooklyn Center, Minnesota
Fungal sampling and thermography testing to date has indicated fungal growths in the units tested and
thennal images indicating potential water leaks in scattered locations throughout the complex. Water
leaks would contribute to interior fungal growths, as well as wood rot. Fungal growths and wood rot
are major building safety issues that should be investigated.
To further assess the complex, we recommend the following steps be taken:
Visual Assessment
One of our engineers would perform a walk through of the public spaces of Suntinerchase, plus
approximately 10 percent of the apartment units (on the order of 25 to 30 units). We assume we
would be accompanied by city building inspection staff.
During the walk through, we would visually assess the apartments for signs of water leaks, structural
deterioration, and fungal growths. We would make notes of our observations, supplemented by
photographs and/or sketches as appropriate.
• We anticipate spending two to three hours in each of the eleven buildings, for a total of approximately
three to four days effort.
Additional Thermography
Our prior thennographic scanning was limited to the public right of way. As a result, we were not
able to scan all the walls or any of the roofs of the buildings. A more complete thennal scan is
critical to locate potential areas of water leaks, which in turn would need to be sampled for wood rot
and/or fungal growths.
We would also recommend thermal scanning of the interiors of public spaces plus selected apartment
units, due to reports by city inspectors of leaking sewer pipes within the floor /ceiling system. We
would look for thermal differences which would be indicative of where pipes were leaking. We could
thermally scan the same 10 percent of units as we are visually assessing, for a total of about 25 to
30 apartment units.
The additional thermal scamnings could be completed in approximately two to three nights. Scans of
the walls can be completed from ground level, however, we would need to access the roofs through
the hatches inside the buildings.
Sampling for Wood Rot At Lintels by Balconies
Photographs by city building inspectors showed gaps near balcony framing. Prior thermal images by
us indicated potential water leaks which could contribute to wood rot of the structural framing. To
further assess the condition of the framing at the balconies, we recommend that one selected unit per
building have the stucco facing removed from the lintels over the windows and doors at balcony
units, exposing the timbers for inspection and sampling for wood rot. We would employ a contractor
• to assist in removal of the stucco finish, and to replace the finish after observations and sampling
were complete.
City of Brooklyn Center
c/o Carson, Clelland and Schreder
Project BADX -02 -1084
• May 28, 2002
Page 3
The exposed structural lintels at the balconies would be visually inspected, and small diameter holes
would be drilled to check for wood rot and provide samples for laboratory analysis, as needed.
Invasive Sampling in Interiors
Prior sampling and photographs by the city indicated nu nerous fungal growths in the buildings.
Also, limited initial thermal scanning indicated areas of potential water leaks. As previously noted,
we would recommend more thermal scans of all sides of the buildings and the roofs, plus selected
interior areas. Once this scarming is complete and reviewed we would develop a list of areas of
concern for invasive sampling to address suspected fungal growths inside wall cavities.
In some cases, the invasive sampling can be limited to drilling a hole in the wall and using a
borescope, a miniature fiber optic camera which can scan the interior of a wall cavity for indications
of water leaks, wood rot and/or fungal growths. We would anticipate making borescope observations
in selected public spaces plus approximately 10 percent of the apartment units.
It would also be desirable to make larger openings, ranging in size from approximately 4 inches
square to something on the order of one sheet of gypsum wall board (4 feet by 8 feet). These would
enable detailed examination of cavity spaces, and the sampling of wall board, insulation and wood
framing members for fungal growth and N ood rot. We anticipate performing about two such invasive
samplings per building, for a total of about 22 invasive samplings. We would employ a contractor to
• repair sample holes.
General Notes on Sampling and Testing
This sampling plan begins with non - invasive visual and thermal scanning, and then proceeds to
invasive sampling at a limited number of locations, which we believe will give a reasonable
assessment of conditions. It is possible that the amount of invasive sampling will vary, depending on
the findings of our visual thermal image testing. We would be in touch with you as work proceeds in
case it is advisable that the amount of invasive sampling be changed.
•
sM Braun Intertec Corporation
6801 Washington Avenue South
Minneapoiis, Minnesota 53439 -1500
I N T E R T E C 952 -941 -5600 Fax: 941 -4151
• Engineers and Scientists Servina
the Buiit and Narurai Environmentso
April 19 7 -002 01
Pr BADX -02 -1084
Sent Via Fax and U.S. Maii
(763)61 -1943
City_ of Brooklyn Center
c/o Mr. William Clelland
Carson- Clelland and Schreder
6300 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Clelland:
Re: Moisture and Fungal Testing and Consultation- Summerchase Apartments, Northwav Drive,
Brooklyn Center - MN
Per the City's request, we have accompanied City Building Inspection personnel and performed non -
intrusive sampling for fungal growths at Summerchase. Our laboratory report is attached.
• We had several positive indications of fungal growths and related moisture. We recommend further
sampling, and also scanning of some or all of the buildings using thermography. I will prepare a brief
work plan for your review.
In the meantime, please call me at (952) 833 -4730 if you have questions or comments.
Sincerely,
Braun Intertec Corporation
Charles R. Brenner, PE
Principal Engineer
Attachment:
Laboratory report
® '002'%badxt02- 1084irv[l
�-rb:paa
I
e
April 16, 2002 Report 02 -02306
Project BADX -02 -1084
Mr. Chuck Brenner /El
Braun Intertec Corporation
Re:Braun Intertec
Summerchase Apartments Bldg 2838
The microscopy department of Braun Intertec Corporation received your analytical request on
April 8, 2002. The objective of this analysis was to determine the fungal concentration using
standard microbiological methods. All analyses were in compliance with our quality control
procedures. Detailed quality control information is available upon request.
Discussion
On April 8, 2002 staff from Braun Intertec along with a building inspector from the city of
e Brooklyn Center visited the Summerchase Apartment complex Building 2838. Three apartments as
well as the laundry and mechanical rooms were inspected for mold and surface samples were
taken.
Apartment #303- Swab samples were taken under the window's in the main bedroom, baby's bedroom,
and the living room under the radiator where water staining was evident. Both samples had a
single fungal genera predominating which was Penicillium in the bedrooms and Yeast in the
living room. These areas are probable reservoirs for fungal growth meaning that as the area
continues to get wet active fungal growth is likely to occur.
Tape samples were taken of discolored areas where active fungal growth was suspected.
Stachybotrys was discovered in the main bedroom under the window and Chaetomium was found in
the living room under the radiator. Both these genera of mold prefer wet conditions for
growth. Cladosporium was found on a tape lift taken from above the air conditioner. This
genus tends to grow on surfaces subjected to condensation.
0
April 16, 2002 Report 02 -02306
Project BADX -02 -1084
•
Apartment #201- Tape samples and one swab sample were taken from various locations P P P P m this
apartment. The tape sample taken from the left side of the air conditioner showed a high level
of Ulocladium, a fungi that grows best under high water activity conditions.
All of the other samples taken in this unit yielded negative results.
Apartment #101- Three tape samples were taken in this apartment. One tape sample was taken
from the around the air conditioner. Cladosporium was discovered on this sample, this fungal
genus tends to grow in areas subjected to condensation. A tape sample was also taken from the
right side of the bedroom window where there was evidence of significant fungal growth. Three
fungal genera were recovered from this sample. They were Cladosporium, Epicoccum, and
Penicillium. Epicoccum requires a moderately high water activity level while Cladosporium and
Penicillium can tolerate drier conditions. This area might go through cycles of wetting and
drying. The third sample was taken from the window ledge in the same bedroom. The fungal
genus recovered from this sample was Alterna ia. This genus is commonly found on surfaces with
high water activity levels.
Laundry Room- A surface sample was taken of the sheetrock in a corner where the plaster
exterior was missing. Stachybotrys was found on this sample. This fungal genus needs very wet
conditions in order to grow.
Mechanical Room- Three tape samples were taken from various locations in the mechanical room.
The three fungal types discovered on these tape samples were Stachybotrys, Chaetomium, and
Memnoniella. All of these genera need high water activity levels to grow.
Remarks
S Original samples are retained at our laboratory for a period of 14 days and are then disposed
of, unless instructed otherwise by the client. All project information and supporting data
obtained during the analysis will be retained in confidential files by Braun Intertec.
This report is issued under the terms of our General Conditions (2/1/96). It cannot be copied,
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April 16, 2002 Report 02 -02306
Proiect BADX -02 -1084
except in its entirety, without prior written permission from Braun Intertec.
We appreciate the opportunity to meet your analytical needs. If you have any questions or
would like additional information, please contact:
Project Manager: Sampling Supplies:
Traci Melin Client Services
952 - 942 -4886 952- 942 -4930
tmeiin @brauncorp.com labservices @brauncorp.com
Sincerely,
Traci M. Melin
Project Manager
Attachments
Chain of Custody
Method
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Client: Braun Intertec Laboratory: Braun Intertec Corporation Date Reported: 04/16/02
Log -in: 02 -02306 Lab Contact/Phonc: T. Melin /952 -942 -4886 Page: I of 2
Project Number: BADX -02 -1084 Sampler: Braun
• PO Number:
Client Reference: Summerchase Apartments Bldg 2838 Dt1. = Dilution
Laboratory Sample No./ Type of Voiumot Fungal Fungal Fungal Fungal Fungal
Sample Description Matrix Media weight Dil. Concentration Composition Count Conc. Composition
OZ- 02306 -01 Swab MEA NA 100x 9400 cfu/swab Penieillium 77 81-9%
#303 baby's BR Altcrnaria 13 13.3%
Yeast Species 4 4.2 %
02- 02306 -02 Tape Tape NA Stachybotrys Chartarum 2: Low
#303 main BR
02- 02306 -03 Swab MEA NA 1000x 48000 cfu/swab Peniciilium 45 93.8%
#303 main BR Aspergillus 3 6.2%
02- 02306 -04 Tape Tape NA Chaeiomium 3: Low
4303 living rm
02- 02306 -05 Tape Tape NA Cladosporium 2: Moderate
#303 air conditioner
02- 02306 -06 Swab %IEA NA 1DOx 5000 cfu/swab Yeast Species 44 88.0%
#303 LR under radiator PeniciWum 6 12.0 %
• 02- 02306 -07 Tape Tape NA Ulociadium 3; Low
4201 LR air conditioner
02- 02306 -08 Tape Tape NA No organisms detected Low
#201 LR under window
02- 02306 -09 Tape Tape NA No organists detected Moderate
#201 BR window radiator wall
02- 02306 -10 Solid MEA 0.2 gm lox 193.8 cfa/gm Mucor 4 155.0 80-0%
#201 sheetrock BR Penicillinm 1 38.8 ZO.O %
02- 02306 -11 Tape Tape NA Stachybotrys Chartarum 3: Low
2838 Laundry Rot. sheetrock
02- 02306 -12 Tape Tape NA Mcmnor$ella 2; Low
2838 -2834 mechanical room baseboard Stachybotrys Chartarum 4: Low
02- 02306 -13 Tape Tape NA Stachybotrys Chartarum 3; Low
2838 -2834 mech no behind pipe
02- 02306 -14 Tape Tape NA Chaetonnum 3; Law
2838 -2834 mech rm baseboard
Low Background debris level
Moderate Background debris level
S (Report continued on next page)
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Client: Braun Intertec Laboratory: Braun Intertec Corporation Date Reported: 04/16/02
Log -in: 02 -02306 Lab ContactfPhone: T. Melin /952- 942 -4886 Page: 2 of Z
Project Number: BADX -02 -1084 Sampler: Braun
. PO Number:
Client Reference: Summercbase Apartments Bldg 2838 Dtl = Dilution
Laboratory Sample No./ Type of Volume/ Fungal Fungal Fungal Fungal Fungal
Sample Deaeription Matrix Mafia weight DiL Concentration Composition Count Cana Composition
OZ- 02306 -15 Tape Tape NA Cladosporium 4; Low
#101 LR air conditioning unit
02- 02306 -16 Tape Tape NA Cladosporium 3; Low
4101 BR window side wail Epicoccum 2: Low
Pcnicillium 3; Low
OZ- 02306 -17 Tape Tape NA Alternaria 3: Low
4101 BR window ledge
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Low Back round debris level
(End of Report)
s
Bulk Sample Analysis for Fungal Contaminants
Analytical Procedures
Definition: Bulk samples are building aterials such as wallboard, carpet, or insulation that
may be contaminated With micro - organisms.
Bulk sam les are prepared by standard dilution techniques to determine the amount of
contaminftion per gram of material. A portion of the sample is weighed and suspended in steril
water. The sa - A le is agitated to dis er e the micro - organisms throu hour the wAter. Aliquots o�
the water are_plited on agar media {dates and they are incubated for24 to 48 hours for
bacteria and live to ten days for fungi. Colony forming units are then counted and identified.
Results are reported in cfu/gm, colony forming units per gram of material.
Concentration Levels cfu /sm
Moderate 25,000 o
High > 200,000
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Surface Samplin for Fungal Contaminants
Swab ample Procedures
Analytical Procedures
Definition: A known surface area is sampled with a sterile swab which is then plated and
incubated in the laboratory to identify and enumerate the viable fungal spores on that surface.
Sampling pro edure: The stern swab is removed from the screw -to test tube and rolled over a
known area o surface. The swa�i is returned to the test tube and covOr d ti htly. Swabs should
be kept cool and out of direct sunlight until they are delivered to the laboratory". The area
sampled is also submitted.
In the laboato rtes are
the swabs are pplated usin serial dilution techniques. The pp�
incubated tar III e to seven days end are anvzed for identification and quanlihcation.
Results are reported in colony forming units per area sampled, ie. , cfu/cm2.
Concentration Levels cfu /cm2 cfu/in2
Low < 1.550 < 10,000
Moderate 1.550 to 15.500 10,000 to 100,000
High > 15,1500 > 100,000
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Tape Sample Procedures
Definition: Tappe samples are a method of determining the level at which a surface may be
• contaminated N th micro- organisms.
A piece of tape is pressed against a surface suspected of being ontaminated with micro -
organisms. The tape is then ressed onto a glass slide. The side is placed under a microscope
and analyzed to identify fun i that are present. Fungi are identified the genus level.
Results are reported by concentration level.
Mold spore quantities are ranked 1+ to 4+ with 4— denoting the highest numbers
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04/22/02 08:53 FAX 612 546 bbb!l
PROJECT: Surnmerchase Apartments DATE: Api [119, 2002
Brooklyn Center, Minnesota FILE NO.: 206476
REPORTED TO:
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Attn: Larry Martin
ROOF EVALUATION
GENERAL
On Marsh 16, 2002, we conducted evaluations of two built-up roof systems or 2936-2932 and
2928-2924 Northway Drive. The purpose of our evaluation was to assess their current condition.
Asphalt - built-up roof systems consisting of organic felts and asphalt moppings with an asphalt
and gravel flood coat were present on both buildings. No core samples of the r )of components
• were taken.
Backgrqund information was obtained from City of Brooklyn Center personnel. The buildings
were built in the late 1960s and were reroofed once. Moisture intrusion has be en reported at
perimetOr walls on several occasions, affecting apartment units on most of the buildings. On the
buildings we inspected, we noted no recent repairs for the roof system.
FIELD PBSERVATIONS
The rooi are essentially flat, draining to scuppers through the perimeter. The C are slightly
sloped skimps around each of the scuppers. Penetrations through the roof inch -de plumbing
vents, 1 �!tchen vents, and heat stacks, see photo 1. We observed that some of t: Le scuppers were
partially. plugged with debris, see photos 2 and 3. We observed openings in m:Liiy of the comers
of the b?ise flashing, see photo 4. Base flashing laps were also open at some lc cations, see
photo 5 We observed one small flashing area that had sagged out from beneah the sheet metal
cap, see, 6. At three or four locations on both of the roofs that we inspec 1 we observed
the caps". of the plumbing vent flashings were open to direct moisture entry. T1 .e seal between the
lead cap,.'and the galvanized stack had failed, see photo 7. At elevation change in the built-up
roof, paiticularly at the sumps around the scuppers, the surfacing has slid off t) i.e more steeply
sloped portions of the built-up roof assembly. The upper felt ply is deteriorate:i at these
location', see photo 8.
• Other 4servations made on site included noting the presence of a blister in th( roof membrane
and riding of the membrane at a few insulation joints and the transition to the sump areas.
04/22/02 08:53 FAX 612 546 8669 1NSFEC 1NC
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Summerohase Apartments
File No.: 206476
April 19- 2002
Page 2
There were two or three locations where the persons on the roof felt that the m; ,tenals underlying
the builtµup roof were soft. We also noted that there were no areas of standing eater on the
roofs.
CONCL?JSIONS and RECOMMENDATIONS
Based or. the background information provided and our observations at the pro ect site, we
suggest 41 few preliminary steps be taken before initiating a maintenance or rep acement program.
Because =of the reported water entry, the open joints in the base flashing at scut -per and lap
locations, and the open plumbing vent flashings, the building roofs should be s .irveyed for
moisture,[ below the roof membrane using infrared technology. The survey sho .[Id have a
verificaton phase, where core samples would be taken to confirm the infrared urvey findings
and determine the roof components.
• The aboife procedure would be recommended because, at the estimated 15 yeaj s, the roof system
is nearigg its design life. The roof deck is probably plywood, which deteriorat when exposed
to moisture, and removal of moisture -laden materials needs to be part of any cc ,mprehensive
maintenance program.
REMARKS
The field notes and other miscellaneous information will be retained in our file;;. Should you
have any questions regarding this report, please feel free to contact our office.
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INSPECT, INC.
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By:
Steve Mayer
SM /clb
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