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Home My WebLink About2002 08-26 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION August 26, 2002 6:00 P.M. Council Commission Conference Room 1. City Council discussion of agenda items and questions 2. Assessment and temporary easement resolution for Brookdale Christian Center Assembly of God 3. City Watch Newsletter 4. Miscellaneous 5. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers man, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: August 21, 2002 SUBJECT: City Watch Newsletter The City Clerk has received a request to publish school bond referendum information in the City Watch Newsletter. There was insufficient room in the current City Watch Newsletter. However, we have concerns about using the City Watch Newsletter to publish information regarding school bond referenda. While school districts have come before the City Council during City Council meetings to provide information to the Council and to citizens through cable television regarding activities at the schools or bond referenda, utilizing the limited resources we have available in the City Watch Newsletter to publicize school referenda and to use staff time to edit voluminous requests does appear to present a different issue. 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 PETITION Our driveway aprons, which the city installed in our neighborhood in 2000 as part of the 25 Year Street Replacement Plan, have already greatly deteriorated. Therefore, we the undersigned affected homeowners, petition the city of Brooklyn Center, to replace our driveway aprons. NAME(s) STREET ADDRESS PHONE # �aUl aZ a S G Lt �Ifl- 'I D 6 3 ."- .4 V4L a. '7S 9 1 4�1 1.t o 4 2 (o z (Q J A... o t� • Sys ' —� QQ 0�` Ave. PETITION Our driveway aprons, which the city installed in our neighborhood in 2000 as part of the 25 Year Street Replacement Plan, have already greatly deteriorated. Therefore, we the undersigned affected homeowners, petition the city of Brooklyn Center, to replace our driveway aprons. NAME(s) STREET ADDRESS PHONE # AZD Hvo NG ! Q n N 3301 .62 A VE . N ,560 - C y1` tA/R � ;h, iJyRb ?22 V- Z Z r2c' V'C IV q 1 12 - 7 �-I� ('Pj 6k, 3�� ( Ik aJ sz ° - `� 3A15 2PC 40- Aa= Z � Al IV 15' _ 2 ±3 %� 3 li3 4alv Av N 5- - 7o3r 3 00 / —6? IV 0 5(0 1 - S S 5 7 . Q 31 bte 1p= � . �'I�I fo q-� S60 - rO PETITION Our driveway aprons, which the city installed in our neighborhood in 2000 as part of the 25 Year Street Replacement Plan, have already greatly deteriorated. Therefore, we the undersigned affected homeowners, petition the city of Brooklyn Center, to replace our driveway aprons. NAME(s) STREET ADDRESS PHONE # 3c cl 4--c 7 3 1 r 1Ve Oo 7 (63 - "7151 S �� <� ,( K-� U Z ��--z rz rte{ :� � t � � PETITION Our driveway aprons, which the city installed in our neighborhood in 2000 as part of the 25 Year Street Replacement Plan, have already greatly deteriorated. Therefore, we the undersigned affected homeowners, petition the city of Brooklyn Center, to replace our driveway aprons. NAME(s) STREET ADDRESS PHONE# J F7 Q yL 0 L9 k Q79 Q) j -7tj -7�77 /11V 1 IJ - .12 Iq 0 7 L/ PETITION Our driveway aprons, which the city installed in our neighborhood in 2000 as part of the 25 Year Street Replacement Plan, have already greatly deteriorated. Therefore we the undersigned affected homeowners, petition � P the city of Brooklyn Center, to replace our driveway aprons. NAME(s) STREET ADDRESS PHONE # e" QO�L�MO2zz- 0 Kviq Fo e0 X6-3 - G66 its 7 6ww�, age mw a r163 -,6�, 4P.,-4-, 27/1- I _ `I r. 7 -IC 0 - -s7 763 -3 r PETITION Our driveway aprons, which the city installed in our neighborhood in 2000 as part of the 25 Year Street Replacement Plan, have already greatly deteriorated. Therefore, we the undersigned affected homeowners, petition the city of Brooklyn Center, to replace our driveway aprons. NAME(s) STREET ADDRESS PHONE # X�'e' 0 r f or' 5"12 _ cM PETITION Our driveway aprons, which the city installed in our neighborhood in 2000 as part of the 25 Year Street Replacement Plan, have already greatly deteriorated. Therefore, we the undersigned affected homeowners, petition the city of Brooklyn Center, to replace our driveway aprons. NAM (s) STREET ADDRESS PHONE # *" Revised ** CITY COUNCIL MEETING City of Brooklyn Center August 26, 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. August 12, 2002 - Study Session 2. August 12, 2002 - Regular Session 3. August 12, 2002 - Executive Session 4. August 19, 2002 - Work Session with Financial Commission b. Licenses • ® ** Revised ** CITY COUNCIL AGENDA -2- August 26, 2002 S. Presentation Regarding Osseo School District Operating Levy - Superintendent Chris Richardson 9. Public Hearing a. An Ordinance Amending Chapter 35 of the City Ordinances of the City of Brooklyn Center Regarding Encroachments on Yard Setback Requirements - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 10. Planning Commission Items a. Planning Commission Application No. 2002 -012 Submitted by Speedway SuperAmerica. Request for Planned Unit Development Amendment to construct a 3,958 sq. ft. convenience store /gas station/car wash at the SE corner of 70th Avenue North and Brooklyn Boulevard. The Planning Commission recommended approval • of this application at its August 15, 2002, meeting. - Resolution Regarding Disposition of Planning Commission Application No. 2002- 012 Submitted by Speedway SuperAmerica, LLC. - Requested Council Action: - Motion to adopt resolution regarding disposition of Planning Commission Application No. 2002 -012 submitted by Speedway SuperAmerica, LLC. b. Planning Commission Application No. 2002 -013 Submitted by Douglas Glenn. Request for Preliminary Plat approval to combine two parcels of land at 4906 and 4912 France Avenue North into a single lot. The Planning Commission recommended approval of this application at its August 15, 2002, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2002 -013 subj ect to the recommended conditions by the Planning Commission. C. Planning Commission Application No. 2002 -014 Submitted by Douglas Glenn. Request for Site and Building Plan approval for a 9,587 sq. ft. addition to the buildings at 4906 and 4912 France Avenue North. The Planning Commission recommended approval of this application at its August 15, 2002, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2002 -014 subject to • the recommended conditions by the Planning Commission. • ** Revised ** CITY COUNCIL AGENDA -3- August 26, 2002 11. Council Consideration Items a. Proclamation Declaring ctober 20 Through 26 2002 As g g World Population Awareness Week -Requested Council Action: - Motion to adopt proclamation. b. Resolution Promoting Racial Equality Week September 23 Through 27, 2002 -Requested Council Action: - Motion to adopt resolution. C. Hennepin County Enhancement Funds for Bass Lake Road /Brooklyn Boulevard -Requested Council Action: - Direction to City Manager. d. Resolution Authorizing Execution of a Condemnation and Settlement Agreement, Twin Lakes Business Park LLC, Twin Lakes II, LLC, Twin Lakes III, LLC, Joslyn Manufacturing, LLC, and the City of Brooklyn Center • -Requested Council Action: - Motion to adopt resolution. e. Resolution Accepting Work Performed and Authorizing Final Payment for Improvement Project No. 2002 -15, 2002 Sealcoat -Requested Council Action: - Motion to adopt resolution. f. An Ordinance Relating to the Licensure of Massage; Amending Brooklyn Center Code Section 23 -1703 -Requested Council Action: - Motion to approve first reading and set second reading and public hearing on September 23, 2002. * * g. Minnesota Juvenile Justice Grant: Peacemakers -Requested Council Action: - Authorization of application for grant. 12. Adjournment • City Council Agenda Item No. 7a ',L • 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 AUGUST 12, 2002 CITY HALL COUNCIL COMMISSION CONFERENCE ROOM CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in Study Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed agenda items 9d, Resolution Authorizing the City Manager to Enter Into An • Easement Agreement with the Property Owner at 5700 Camden Avenue, and 9g, Resolution Authorizing the City Manager and City Attorney to Take Action With Respect to Housing Bond Contract Documents. Councilmember Lasman discussed that she had received comments of concern regarding the Garden City South project being completed on time and asked if agenda item 7h, Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 2002 -05 and 2002 -06, Contract 2002 -B, Garden City South Neighborhood Street and Storm Drainage Improvements, should be removed from the Consent Agenda and placed on Consideration for an update on the proj ect. Councilmember Nelson raised the same issue regarding agenda item 7g, Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 2002 -01 and 2002 -02, Contract 2002 -A, Southwest Area Neighborhood Street and Storm Drainage Improvements. It was the consensus of the Council to have both items removed from the Consent Agenda and placed on Consideration. MISCELLANEOUS City Manager Michael McCauley informed the Council that there was a robbery at the Wells Fargo • Bank; and that a draft letter was being prepared for the 2000 Garden City Central project demanding driveway aprons be replaced in 2003. 08/12/02 -1- DRAFT Councilmember Lasman questioned the license for renewal of rental property at 5328 -30 Queen • Avenue North. Mr. McCauley will check into this issue and report back to the Council along with a report on rental property statistics of the number of single- family houses licensed for rental. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the Study Session at 6:37 p.m. Motion passed unanimously. City Clerk Mayor • • 08/12/02 -2- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 12, 2002 CITY HALL - COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Fiscal and Support Services Director Doug Sell, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Brad Erickson, 6113 Emerson Avenue North, addressed the Council to discuss concerns he had with traffic in his area and requested stop signs at 61"and 62 Avenues. Mayor Kragness informed Mr. • Erickson that the City would have to do a traffic study in the area. City Manager Michael McCauley informed the Council that there is a waiting list and that this area would not be able to be studied until after the school year starts. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Ricker to adjourn informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION Rev. Tim Johnson, Brookdale Covenant 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. • 08/12/02 -1- DRAFT 4. ROLL CALL • Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present were City Manager Michael McCauley, Fiscal and Support Services Director Doug Sell, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Ricker reported that he participated in National Night Out on August 6, 2002, and the Smart Growth presentation on August 8, 2002. Councilmember Lasman reported that she attended the retirement reception for Bob Dirks and Jean Dorweiler in July and apologized for missing that report at the July 22, 2002, meeting. She informed the Council that she went on a ride -a -long with one of the Brooklyn Center Police and commended the work of Police Officers. She attended the Smart Growth presentation on August 8, 2002, and on August 10, 2002, a Concert Symposium. Councilmember Peppe reported that he participated in National Night Out on August 6, 2002. • Councilmember Nelson reported that he participated in National Night Out on August 6, 2002, and an Association of Metropolitan Municipalities meeting on August 7, 2002. Mayor Kragness reported that she participated in National Night Out on August 6, 2002, and the World Choral Symposium held at the Korean Presbyterian Church. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested removal of Consent Agenda Items 7g, Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 2002 -01 and 2002 -02, Contract 2002 -A, Southwest Area Neighborhood Street and Storm Drainage Improvements, and 7h, Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 2002 -05 and 2002 -06, Contract 2002 -B, Garden City South Neighborhood Street and Storm Drainage Improvements, to Consideration as items 9h and 9i. There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 08/12/02 -2- DRAFT ® 7a. APPROVAL OF MINUTES There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes of July 22, 2002, study, regular and executive 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 Air Mechanical Inc. 16411 Aberdeen Street NE, Ham Lake RENTAL Renewal: 819 -21 55th Avenue North Vincent Hayden (Turning Point Inc.) 5233 Drew Avenue North James and Joan Bagwell 5328 -30 Queen Avenue North Mike Haase 4748 Twin Lake Avenue North Mrs. Paul Enge Humboldt Court Apartments Martha Ann Demetriou Sterling Square Apartments Lake Energy Investments Initial: • 5825 Colfax Avenue North Beulah Hill 3318 Mumford Road Olvfemi Olagbaju 7208 Perry Court East Vincent Okonkwo 5256 Twin Lake Blvd. East Brian Somkhan SIGN HANGER Install This Awning & Sign Co. 5345 4th Street, Brooklyn Center Signcrafter's 7775 Main Street NE, Fridley 7c. APPROVAL OF APPLICATION TO CONDUCT RAFFLE FROM ST. ALPHONSUS CHURCH FOR AN EVENT ON OCTOBER 13, 2002 A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the application received to conduct raffle from St. Alphonsus Church for an event on October 13, 2002. Motion passed unanimously. 7d. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2002 -101 Councilmember Nelson introduced the following resolution and moved its adoption: • 08/12/02 - -3 DRAFT RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF • DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7e. RESOLUTION APPROVING CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2002 -102 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDERNO.2, IMPROVEMENT PROJECTNOS. 2002- 05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7f. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2002 -103 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7g. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS This item was removed and placed on Consideration at 9h. 08/12/ 02 4 - - DRAFT • I • 7h. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 -B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS This item was removed and placed on Consideration as 9i. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NOS. 2002 -009 AND 2002 -010 SUBMITTED BY INDEPENDENT SCHOOL DISTRICT NO. 286. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE AND DIVIDE THE EXISTING EARLE BROWN ELEMENTARY SCHOOL SITE, GRANDVIEW PARK AND A SEGMENT OF VACATED HUMBOLDT AVENUE RIGHT OF WAY INTO TWO LOTS AND SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL TO CONSTRUCT A NEW 141,000 SQ. FT. EARLE BROWN ELEMENTARY SCHOOL AND A RECONFIGURED GRANDVIEW PARK. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 25, 2002 MEETING. City Manager Michael McCauley discussed that the Planning Commission had recommended approval of the preliminary plat for the Earle Brown Elementary School site and that an ordinance ® vacation approval will follow on the Council Consideration Items for vacation of right -of -way for street purposes. Planning and Zoning Specialist Ron Warren outlined the applications received by Independent School District No. 286 requesting for preliminary plat approval to combine and divide the existing Earle Brown Elementary School site, Grandview Park, and a segment of vacated Humboldt Avenue right -of -way into two lots, and special use permit and site and building plan approval to construct a new 141,000 square foot Earle Brown Elementary School and a reconfigured Grandview Park. Mr. Warren informed the Council that the Planning Commission recommended approval of Planning Commission Applications 2002 -009 and 2002 -010 subject to the following conditions: 2002 -009: 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. Appropriate agreements comprehending the joint use of the properties by the City and the School District shall be developed and filed with the final plat. • 08/12/02 -5- DRAFT 4. A 63 ft. wide utility easement shall be retained following the vacation of the • Humboldt Avenue right of way between 59th and 60th Avenues North. This easement shall be shown on the final plat. 5. The storm water detention plan proposed for this development requires approval by the West Mississippi Watershed Management Commission prior to final plat approval. 6. Building permits for construction of any buildings comprehended under Planning Commission Application No. 2002 -010 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 2002 -010: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and /or rooftop mechanical equipment shall be appropriately screened from view. 4. Building s to be equipped with an automatic fire extinguishing system to meet NFPA g g g Y standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City's Ordinances. 5. B -612 curb and gutter shall be provided around all parking and driving areas. 6. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The final plat and Humboldt Avenue street right of way vacation shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits for the construction of the elementary school. 9. Special use permit is granted for the construction of a new Earle Brown Elementary School and the redevelopment of Grandview Park. Any expansion or alteration of the facilities not comprehended by the approval shall require and amendment to the special use permit. • 08/12/02 -6- DRAFT 10. The developer shall provide appropriate erosion and sediment control devices on site during construction as approved by the City Engineering Department. 11. The storm water drainage system and ponding area requires approval by the West Mississippi Watershed Management Commission prior to issuance of permits. Mr. Warren discussed that the ponding areas will need to be approved by the West Mississippi Watershed Commission and the ponding is needed for the building and hard surface issues. Mr. McCauley informed the Council that the ponds will be the responsibility of Earle Brown School and the City will not have any responsibility with the two ponds proposed. Mr. Warren discussed that there were some safety concerns with the sliding hill and that the Council may wish to take a closer look at this topic. Mr. McCauley informed the Council that the area of the sliding hill continues to be under active review. Councilmember Nelson questioned the trade -off on land from both locations. Mr. Warren indicated that the Grandview portion is 12.45 acres and the Earle Brown School is 8.1 acres, with. 87 acres of right -of -way vacated. Representatives Greg Theilson and Toni Johns from the School District were present and addressed the Council to inform that there will be a groundbreaking event if approved in September and that the completion date is scheduled for the Fall of 2004. • A motion by Councilmember Lasman seconded b Councilmember Pe e to approve Planning Y pp pp g Commission Application Nos. 2002 -009 and 2002 -010 subject to the above listed conditions recommended by the Planning Commission. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2002-011 SUBMITTED BY KIMTRANG KIMBERLY NGUYEN. REQUEST FOR SPECIAL USE PERMIT APPROVAL TO OPERATE A HOME BEAUTY SHOP AT 3312 O'HENRY ROAD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS JULY 25, 2002 MEETING. Mr. McCauley discussed that the Planning Commission reviewed Planning Commission Application No. 2002 -011 at its July 25, 2002, meeting and recommended the application for approval subject to the following conditions: 1. The special use permit is granted only for a home beauty shop with a single operator. The use may not be altered or expanded in any way without first securing an amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. ® 08/12/02 -7 DRAFT 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. 4. The hours of operation shall be between the hours of 8:30 a.m. to 7:30 p.m. Monday through Saturday. Customers shall be served on an appointment only basis. 5. The applicant shall comply with the recommendations of the Building Official with respect to safety related matters and obtain the necessary permits for alterations to be made to the property. 6. A current copy of the applicant's state license shall be submitted to the City prior to the issuance of the special use permit related to this application. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2002 -011 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2002 LANDSCAPE AND GARDEN CONTEST Mr. McCauley shared the pictures of the following winners: • Judge's Award for Best Gardens Cheryl Zaic 7037 Grimes Avenue North Judge's Award for Best Shade Gardent Nancy Bass 82173 d Avenue North Special Recognition for Landscape Lavout Design Russ and Pat Schneider 7234 Humboldt Avenue North Special Recognition for Most Enthusiastic Gardener Janice Jungwirth 5521 Girard Avenue North Special Recognition for Sidewalk Cafe Garden Caribou Coffee 5711 Xerxes Avenue North 08/12/02 -8- DRAFT • RESOLUTION NO. 2002 -104 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND COMMENDING WINNERS OF THE 2002 LANDSCAPE AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9b. RESOLUTION APPOINTING PATTY HARTWIG AS ALTERNATE TO THE BOARD OF DIRECTORS OF LOGIS RESOLUTION NO. 2002 -105 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPOINTING PATTY HARTWIG AS ALTERNATE TO THE BOARD OF DIRECTORS OF LOGIS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • 9e. REPORT ON CODE ENFORCEMENT Mr. McCauley reported that as of July 31, 2002, the first inspections of multi -unit housing and 20 percent of the commercial properties had been inspected. The residential sweep had a total of 1,014 violations. Second round inspections continue and will be completed at the end of August. He informed the Council that there had been 973 first letters sent by address, 280 second letters mailed, and 657 thank you compliance letters for residential properties. Councilmember Ricker questioned how the numbers compare to 2001. Mr. McCauley informed the Council that the numbers are trending downwards and that the numbers are significantly lower than four to five years ago. 9d. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EASEMENT AGREEMENT WITH THE PROPERTY OWNER AT 5700 CAMDEN AVENUE Mr. McCauley discussed this resolution is a unique situation and was created due to some flooding at the property of 5700 Camden Avenue. RESOLUTION NO. 2002 -106 • 08/12/02 - -9 DRAFT I Councilmember Lasman introduced the following resolution and moved its adoption: • RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EASEMENT AGREEMENT WITH THE PROPERTY OWNER AT 5700 CAMDEN AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9e. RESOLUTION APPOINTING ELECTION JUDGES RESOLUTION NO. 2002 -107 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPOINTING ELECTION JUDGES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9f. AN ORDINANCE VACATING RIGHT OF WAY FOR STREET PURPOSES, HUMBOLDT AVENUE FROM 59 AVENUE NORTH TO 60 AVENUE NORTH Mr. McCauley discussed that this issue is related to the earlier discussed Planning Commission Application Nos. 2002 -009 and 2002 -010 and would call for approval of the first reading and set second reading and public hearing for September 9, 2002. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing on September 9, 2002. Motion passed unanimously. 9g. RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ACTION WITH RESPECT TO HOUSING BOND CONTRACT DOCUMENTS Mr. McCauley discussed that the resolution would authorize the City Manager and City Attorney to take c to action with respect to housing bond contract documents as deemed necessary. P g . Y RESOLUTION NO. 2002 -108 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ACTION WITH RESPECT TO HOUSING BOND CONTRACT DOCUMENTS 08/12/02 -10- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Peppe. Motion passed unanimously. Y 9h. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS 9i. RESOLUTION DECLARING R G COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06, CONTRACT 2002 -B, GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Mr. McCauley discussed that these resolutions were removed from the Consent Agenda and placed on Consideration for an update on how the projects will be handled due to the recent changes in the Engineering staff. Mr. McCauley informed the Council that the former City Engineer, Scott Brink, is overseeing the projects in progress and that the contractor hired for the projects will continue as planned. RESOLUTION NO. 2002 -109 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2002 -01 AND 2002 -02, CONTRACT 2002 -A, SOUTHWEST AREA NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion . assed unanimously. Y RESOLUTION NO. 2002 -110 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING IMPROVEMENT PROJECT NOS. 2002 -05 AND 2002 -06 CONTRACT 2002 -13 GARDEN CITY SOUTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 08/12/02 -11- DRAFT 10. WATERSHED COMMISSION PRESENTATION Representative from the Shingle Creek and West Mississippi Watershed Management Commissions, Diane Spector, presented information on the 2 nd Generation Plan and the impact this plan would have on Brooklyn Center. Councilmember Nelson questioned if the increase in the budget is necessary with all that is happening with budget cuts across the State. Ms. Spector informed the Council that the State Law requires watersheds to do certain things and pointed out that the watershed, have not increased their budgets over the last ten years. 11. ADJOURN TO ALL AMERICAN ROOM, 113, FOR CLOSED SESSION WITH LEGAL COUNSEL TO DISCUSS PENDING LITIGATION There was a motion by Councilmember Peppe, seconded by Councilmember Lasman to adj ourn the City Council meeting at 8:20 p.m. for Closed Session with Legal Counsel to the All American Room, 113, to discuss pending litigation. Motion passed unanimously. City Clerk Mayor S 08/12/02 -12- 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 EXECUTIVE SESSION AUGUST 12, 2002 CITY HALL - CONFERENCE ROOM 113 CALL TO ORDER The Brooklyn Center City Council met in Executive Session and was called to order by Mayor Myrna Kragness at 7:30 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael McCauley, Community Development Director Brad Hoffman, and City Attorney Charlie LeFevere. ADJOURNMENT • The meeting adjourned at approximately 9:30 p.m. City Clerk Mayor • 7/22/02 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION MEETING WITH FINANCIAL COMMISSION AUGUST 19, 2002 COUNCIL /COMMISSION CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at Brooklyn Center City Hall in the Council /Commission Conference Room 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: City Manager Michael McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum, Financial Commission Members present were Chair Donn Escher and Commissioners Timothy • Elftmann, Jay Hruska, Mark Nemec, Lawrence Peterson, and Gavin Wilkinson. GENERAL DISCUSSION OF 2003 BUDGET PROCESS City Manager Michael McCauley discussed the development process being used for the 2003 budget, which is very general at this time, since staff is still awaiting notification of the City's levy limits and final aid information. Based on the preliminary information received, Local Government Aid (LGA) is projected to increase by $234,371. The estimated increase of levy authority is approximately $80,000 if the overall levy limitation is around 2.7 percent. General Fund Revenues from taxes and LGA would increase 2.5 percent to 3.0 percent. Preliminary and unreliable indications are that one other area of State Aid may increase in rental housing assistance. Actual notifications are due later this week and may impact the overall levy limits. This preliminary draft budget incorporates a total of $331,881 of increased aids, with predominant increases from LGA and rental housing aid. Additionally, the State Budget shortfall may result in decreases in aids during 2003 without the ability to levy back any lost aids. Councilmember Lasman questioned the changes with the Community Center Fees and Recreation budgets. Mr. McCauley informed the Council that the change in Recreation was due to the declining adult participation and that the net part-time and temporary employee costs in Recreation are increased approximately $70,000. • 08/19/02 _1 _ DRAFT Mr. McCauley discussed that the personnel costs in the General Fund Expenditures continues to be the highest single component. The target of 3.0 percent for personnel cost growth, while recognizing that individual costs would exceed 3.0 percent, is still the target; however it does not appear that it will be able to hold total personnel cost at 3.0 percent and the final budget will be lower than the draft reflects for departmental requests. Council discussed the reduced contingency, salaries and fringe benefits, and the changes in the Public Works Department. After further discussion of the General Fund budget and levies, it was the consensus of the Council to move forward with the 2003 budget process with a preliminary levy at the level set by the State for levy limits. Mr. McCauley informed the Council that the expenditures /service targets might change after the report is issued regarding the Public Works Department. Financial Commission Chair Donn Escher questioned typos in sections of the draft budget. Mr. McCauley informed the Financial Commission and the Council that the draft budget does have some narrative errors and that the errors will be amended before the final budget is presented. Mr. Escher questioned the use of pagers and cellular phones, and the increase in the Council and Special Events budgets. Mr. McCauley discussed that the technology is not always compatible and that is the reason for updating outdated pagers and cellular phones. He informed that a study is being conducted to research the use and need for pagers and cellular phones. As for the increases in the Council budget, the audit prices and some dues and fees have increased; and the Special Events budget relates to things that have been reclassified such as the J.D. Edwards Program. Mr. McCauley will get some details on the Special Events for the Council and Financial Commission. Council discussed the requests received for 2003 and was in consensus of the following: Joint Powers Five Cities Transportation $14,118 Northwest Hennepin Human Services Council $18,670 Project Peace $46,317 Services Dependent on Citv Funding PRISM $10,000 Services Aided by City Funding Brooklyn Peacemaker Center, Inc. $ 7,000 North Hennepin Mediation Program, Inc. $ 4,000 08/19/02 -2- DRAFT S ® Council continued discussions of the priorities that need to be met with the budget process. Councilmember Lasman indicated that she believes that the street improvements program needs to continue; Councilmember Nelson stated that he believes that the 20 -year street program is important; and Councilmember Peppe indicated that maybe raising street assessments would be an alternative the help with funding for these projects. MISCELLANEOUS Councilmember Nelson questioned the Civic Center project. Mr. McCauley informed the Council that the buildings still have work to be done. Mr. McCauley informed the Council that there may be discussion with the Park and Recreation Commission regarding major planning for future parks and including Community Center improvements in that planning. Council discussed the recent changes and options available to the City with the merger of the Brooklyn Area Chamber of Commerce. Mr. Escher discussed that he would like to make a presentation regarding Council's compensation on the September 9, 2002, City Council Agenda. ADJOURNMENT A motion b Councilmember Nelson seconded b Councilmember Pe e to adjourn the meeting at Y � Y pP J g 8:00 P.M. City Clerk Mayor 08/19/02 -3- DRAFT • City Council Agenda Item No. 7b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: August 21, 2002 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 August 26, 2002. MECHANICAL All -Ways Heating and A/C 2806 110th Street NE, Monticello Green Mechanical Inc. 8811 E. Research Center Road, New Hope Max Mechanical 711 5th Street SW, New Brighton On Site Mechanical 2600 Tyrone Lane, Mound RENTAL Renewal: 4718 Twin Lake Avenue Richard and Elizabeth Becht SIGN HANGER Sign A Rama 829 Marquette Avenue, Minneapolis • ... 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 )7 City Council Agenda Item No. 8 Osseo Area Schools District 279 Presentation to the Brooklyn Center City Council We've been listening... *Share results of community survey * 500 randomly selected households (Parents and non - parents were surveyed) *Telephone survey conducted June , 5 -12th *95% confidence level We've been listening... x *They told us we have quality schools. . . — A majority (74 %) believe the quality of our schools is good to excellent — 91 % of parents with school -aged children rated the District as good to excellent — 70% of all those surveyed said they were proud of their schools and would recommend them to friends We've been listening... *They told us they want more accountability, and we can demonstrate that accountability in... — Academic achievement — Fiscal responsibility — Positive school climate O ur Quality Sc • • • (Source: Minnesota Department of Children, families and Learning) * State required MCA academic achievement test results continue to rise... Grade 5 - Reading Performance Grade 5 - Math Performance 1600 1568 1600 1532 — O L 1489 — 1493 1499 1500 145y r ' 1500 ca � 1421 1434 1400 — 1400 - n n — 1998 1999 2000 2001 1998 1999 2000 2001 Ending School Year Ending School Year Grade 5 - Writing Performance 1600 1516 O ) 1500 - - - - -- -- - 144 - 3 1400 — - - - - - -- - U) 1304 1300 - 1998 1999 2000 2001 Ending School Year Our Quality Schools (Source: Minnesota Department of Children, Families and Learning) * State required BST academic achievement test trends ... Reading Performance 90 _ is 5 Math Performance 85 82 84 90 - -- - 85 a 75 74 a 80 - 7E 75 70 - 75 74 73 73 1998 1999 2000 2001 2002 Ending School Year 1998 1999 2000 2001 2002 Ending School Year Writing Performa�ge 91 90 - -87 87 ( 85 D - E 80 — a) a 75 70 i 1999 2000 2001 2002 Ending School Year Qual Our (Source: Research, Evaluation and Assessment - -Osseo Area Schools) *NWEA academic achievement tests show significant continued growth (grades 3 -8) District Average NWEA Growth rn 10 cc� cc� v� 00 Co Co ti N 8 - -- H ❑ co c ti 2000 �_ -� 6 LO \ o2001 I 4 m2002 Reading Math National Average = 5.9 National Average = 8.3 Ending School Year Osseo Demonstrates Fiscal Responsibility by Spending the Smallest Percentage of its Budget on District/School Administration /Support Operations of All Districts in Hennepin County (Source: Department of Children, Families and Learning 2000 -01 Final Data) WESTONKA 135.2% ST. ANTHONY -NEW BRIGHTON 1 32.x)% EDEN PRAIRIE 132.5% MINNETONKA 132. % ORONO 132. % ROBBINSDALE 1 31.7% I I BLOOMINGTON 131.4% HOPKINS f 130.6% RICHFIELD 130.6% WAYZATA 130.6% EDINA 130.4% MINNEAPOLIS C 130.4% ANOKA - HENNEPIN 8.9% ST. LOUIS PARK 1 2 .4% I BROOKLYN CENTER 126.1 OSSEO 125.9% I I I I 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% 35.0% 40.0% Osseo Demonstrates Fiscal Responsibility by Spending the Largest Percentage of its Budget on Instruction of All Districts in Hennepin County (Source: Minnnesota Department of Children, Families and Learning 2000• 01 Final Data) I I I I I I I I I OSSEO 74.1% BROOKLYN CENTER 173.9% ST. LOUIS PARK 1.6% -I ANOKA - HENNEPIN 171.1% -I j MINNEAPOLIS 69.6% i EDINA 169.6% j WAYZATA 6� 4% HOPKINS ( 6 i 9.4% � ( I RICHFIELD 169.4% BLOOMINGTON 168.6% ROBBINSDALE 1 68.3% ORONO ( 167.8% -I i MINNETONKA 67.7% _I EDEN PRAIRIE 67.5% I ST. ANTHONY -NEW BRIGHTON 167.4% WESTONKA 162.3 56.0% 58.0% 60.0% 62.0% 64.0% 66.0% 68.0% 70.0% 72.0% 74.0% 76.0% Our Quality Schools .. . (Source: Minnesota Department of Children, Families and Learning —Class website) * School climate trends Drop out rate signcantly improved... mproved.. . District K -12 Dropout Rate 5.0 - N cri M LO M M M M 0 3.0 - - N L °- 2.0 _- -- — - 1 .O 0.0 Ending School Year 'W Quality coos Our (Source: Minnesota Department of Children, Families and Learning —Class website) * School climate trends continue to improve- - District attendance highest in seven years... District Attendance 100.0 98.0 R = 96.0 -95J1 95.2 95.-2-----95-.0 95 T - 94.5 _ 94.7 _ - a 94.0 -- 92.0 -- - N 90.0 - 1994 1995 1996 1997 1998 1999 2000 2001 Ending School Year We've been listening... *They believe the quality of our schools will decline in the future... — Nearly half of those surveyed (45 %) said they believe the quality of education in our schools will somewhat worsen or significantly worsen over the next ten years — Cuts in programs and services in the last two years is the leading reason for this belief i �= We've been listening... *They told us to stabilize schools- -stop cutting programs and services — $14.7 million was cut for 2002 -03 -- largest cut in district history — All licensed staff agreed to a 0% base salary increase for the 2002 -03 school year — Estimated $7.5 million deficit anticipated in 2003 -04 and an additional $7.5 million deficit in 2004 -05 We've been listening... *The majority (60 %) told us they would support or strongly support an operating levy of $14 million for 10 years. � Where do we go� from here. *Board unanimously approved placing levy question on the November 5 ballot j — The levy question will ask voters for an additional $560.10 /pupil per year for the next 7 years or a total of an estimated $13.7 million per year. — This request is consistent with survey results. 2002 -2003 Operating Levy in Osseo Is As Much As $1,148 Per Pupil or $34,440 Per Classroom Less Than What Other Hennepin County Districts Have To Educate Their Students (Source: Minnesota Department of Children, Families and Learning) I I I I I I ST. LOUIS PARK 1$1,425 I HOPKINS $1,351 EDINA "$ ,345 ST. ANTHONY -NEW BRIGHTON S "$1,190 i MINNETONKA 1$1,072 ROBBINSDALE "$837 WAYZATA ( 1$837 ORONO ( 1$708 BLOOMINGTON " $590 i I BROOKLYN CENTER ( "' j EDEN PRAIRIE 1$574 WESTONKA ($563 RICHFIELD 1$5 39 MINNEAPOLIS 1$351 OSSEO 1$277, ANOKA- HENNEPIN = $134 $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 $1,600 Osseo Area Schools District 279 Annual School Portion of Property Taxes on a $150,000 Home (Maple Grove Example - Includes all current levies eg. $1,800 - Qn =rating, debt service_ health safety_ alternative facilities, tc $1,600 $1,569 $1,400 - $ 1 ) 200 7 261 - - - - - - - - - - -- --- - - - - - $1,000 $1,059 - - -- - 800 x$915 �967 $600 - - -- - - $400 - - �488 $200 - - $0 1997 1998 1999 2000 2001 2 002 Analysis of tax increase if levy is approved by voters Estimated Taxes Payable in 2003 Current levy Tax increase Total current amt. without with and proposed proposed levy proposed referendum levy levy Est. Market Value Rates (for Referendum Only) 0.06137 0.17684 0.23821 Taxable Type of Property Market Value Estimated Taxes for Referendum Only" $ 75,000 $ 46 $ 179 100,000 61 238 All property except 125,000 77 298 agric. homestead, 150,000 92 357 disabled homestead, 200,000 123 476 and seasonal 250,000 153 596 recreational 300,000 184 715 residential 350,000 215 '- 834 400,000 245 953 450,000 276 ': _ 1,072 500,000 307 1,191 1,000,000 614`.........., 2,382 ............ ........... * The figures in the table are based on school district taxes for the referendum levy only, and do not include tax levies for other purposes other than the school district. Tax increases shown above are gross increases, not including the impact of the state Property Tax Refund ( "Circuit Breaker") program. Many owners of homestead property will qualify for a refund, based on their income and total property taxes. This will decrease the net effect of the referendum levy for many property owners. Source: Ehlers & Associates. Note: If the new levy were in place today, the owner of a $150,000 home would pay $265 more than the $488 shown on the previous for 2003 the total school portion of the levy would be $753. If the levy asses page Po Y Yp ,Y our taxes in 2003 would be $816 less than what you paid in 1997. Tax Impact for Sample $150,000 Home... *According to the property tax example for a $150,000 home, the homeowner is currently paying $488 per year for the school portion of property taxes. *According to Analysis of tax increase chart, the passage of the proposed levy would require the homeowner to pay an additional $265 per year for the referendum levy or a total of $753 for the total school portion of property taxes. *While the new levy would result in an increase from the 2002 school property taxes, the total school property taxes would still be $214 less per year than the homeowner paid in 2001 and $816 less per year than the homeowner,paid in 1997. *The $265 per year increase in the school portion of property taxes may be reduced by the state Property Tax Refund (circuit breaker) if they qualify based on income and total property taxes paid. Why are we askingfor $13.7 the Mitilonfor next * The State has an estimated $2.7 billion deficit additional funding for schools is questionable * The escalating cost of maintaining programs and services is 5% per year. This percentage is required to address extremely high increases in the areas listed below: — Health insurance 3 -year average increase is 20.57% — Unemployment insurance 3 -year average increase is 366.64% — General insurance 3 -year average increase is 22.19% — Special Education transportation 3 -year average increase of 34.83% * Increasing cost of meeting State and Federal mandates — Special Education 3 -year average excess cost is $12,265,965. This is not reimbursed by the State. — English Language Learner 3 -year average excess cost is $1,192,013. This is not reimbursed by the State. Expenditures versus 0% State Aid Increase and $13.7 million Operating Levy Per Pupil (when unused operating levy dollars are saved in 2003 -04 that amount can be used to offset the deficit in 2004 -05. Beyond 2004 -05 additional budget cuts required) $220.0 $210.0 $200.0 — - ❑ Revenue @ 0% $190.0 __ ____ — ___ increase per year +$13.7 million per year levy (in millions) $180.0 - -- -- — ❑ Expenditures @5.00% $170.0 increase per year (in millions) $160.0 -- — $150.0 - - -- -- — $140.0 2002 -03 2003 -04 2004 -05 2005 -06 2006 -07 2007 -08 2008 -09 2009 -10 Expenditures versus 2% State Aid Increase and $13.7 Operating Levy Per Year (When unused operating levy is saved in 2003 -04 and 2004 -05, it will offset $220.0 increased expenditures through 2005 -06. Beyond 2005 -06 budget cuts required) $210.0 ❑ Revenue @ 2% increase per year +$13.7 million per year $200.0 - - - -- - -- -- - -- - -- - - — _ levy (in millions) ❑ Expenditures @5.00% _ increase per year (in $190.0 - - -- - - - - -- -- - - - -- - millions) $180.0 — $170.0 $160.0 $150.0 - — $140.0 2002 -03 2003 -04 2004 -05 2005 -06 2006 -07 2007 -08 2008 -09 2009 -10 What will this levy dofor kids if µ� approved by voters? * Restore bus service for students living beyond 1 mile at junior high; and 1 3/8 mile at senior high in 2003 -04 * Restore late buses in the 2003 -04 school year �k Maintain the quality of educational programs at ! 2002 -03 level * Maintain class sizes at 2002 -03 level * No school closures in 2003 -04 * No activity fee increase in 2003 -04 �y What will happen if the levy a{ fails? �k The Board would cut $7.5 million from the 2003- 04 school year resulting in... -- Across - the -board cuts in all staff and programs (135 -200 additional staff could be lost) -- Increased average class sizes K -3 from 25 -29 I 4 -6 from 30 -36 7 -9 from 31 -36 10 -12 from 31 -36 -- Closing one or more school buildings -- Another one -year freeze on staff development . Thankyou or listening... Thank you for your continued support of Osseo Area Schools City Council Agenda Item No. 9a • (Remember: Save under a new name) MEMORANDUM TO: Michael McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: July 17, 2002 SUBJECT: Amendment to Chapter 35 The Council will have for their consideration an ordinance amending Chapter 35 (Zoning) to eliminate seasonal swimming pools from the setback and encroachment requirements of the ordinance. Currently, residents with above ground pools that are put up in the spring and taken down in the fall are required to make an annual application to the City for a permit to erect the same. This ordinance change would get the City out of the business of regulating the location of temporary, above ground pools. They are still required to get a permit (state requirement) however, if they put the pool up in the same place each year, the initial permit would suffice. The ordinance would limit the use of such pools from May 1 to September 30 The pools would still be subject to the fence requirements of the ordinances and could not be located under power lines. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26 day of August, 2002, 7:00 p.m. • or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to swimming pools. 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 OF THE CITY OF BROOKLYN CENTER REGARDING ENCROACHMENTS ON YARD SETBACK REQUIREMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 35 -400 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: 8. The following shall not be considered as encroachments on yard setback requirements. a. In any yards: Off - street open parking spaces; terraces; awnings; canopies; steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air conditioner condensers; temporary seasonal swimming pools: opaque fences, hedges, or walls provided they shall not • exceed four feet in height in front yards and provided they do not impede vision within the sight triangle described in Section 35 -560, or a clear view of the address of the principal building. Fences, hedges, or walls may exceed four feet in height alongside interior property lines. No fence, hedge or wall shall be allowed which constitutes an unsafe sight obstruction for pedestrians or motor vehicle operators. Section 2. Section 35 -900 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding the following new definition: Temnorary Seasonal Swimming Pool - A swimming pool that is removed and not in use before Mav 1 and after September 30. - Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2002. ATTEST: Mayor City Clerk Date of Publication: Effective Date: (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 10a 0 MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spec' ist t .(�t'{.� Subject: City Council Consideration Item - Planning Commission Application No. 2002- 012 Date: August 21 2 g 002 On the August 26, 2002 City Council Agenda is Planning Commission Application No. 2002- 012 submitted by Speedway SuperAmerica requesting a Planned Unit Development Amendment to construct a 3,958 sq. ft. convenience store /gas station/car wash at the SE corner of 70th Avenue North and Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -012 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 August 15, 2002 meeting and was recommended for approval by the Commission through adoption of Planning Commission Resolution No. 2002 -03. It is recommended that the City Council, following consideration of this matter, approve the attached resolu 1 hon relating to this application. • Application Filed on 7 -18 -02 City Council Action Should Be • Taken By 9 -16 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -012 Applicant: Speedway SuperAmerica Location: Southeast Corner of 70th and Brooklyn Boulevard Request: Planned Unit Development Amendment The applicant, Speedway SuperAmerica, is seeking a Planned Unit Development Amendment to construct a 3,958 sq. ft. convenience store /gas station/car wash on a newly created 52,768 sq. ft. lot located at the southeast corner of 70th Avenue North and Brooklyn Boulevard (addressed as 6950 Brooklyn Boulevard). The property in question is zoned PUD /C -2 (Planned Unit Development/Commerce) and is bounded on the west by Brooklyn Boulevard; on the north by 70th Avenue; and on the east and south by the recently approved Westbrook Development PUD containing a proposed Culver's restaurant as well as multi- tenant retail buildings. A Planned Unit Development rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of an approximate 5.6 acre site including this property and the rest of the Westbrook Development was approved by the City Council under Resolution No. 2002 -75 on June 10, 2002. Attached for the Commission's review is a copy of that resolution containing the various findings, considerations and conditions of approval for that proposal (Planning Commission Application No. 2002 -006). • Condition No. 17 of that approval acknowledged pp conceptual approval of a SuperAmerica convenience store /gas station/car wash and required that plans be submitted for Planning Commission and City Council review and approval once they were developed. That condition also required that the site layout be such that the car wash not be located adjacent to Brooklyn Boulevard. This PUD amendment is in response to that condition of approval. As the Commission is aware, the PUD process involves a 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 unless the City were to determine that another standard or use would be appropriate given mitigating circumstances that are offset by the plans submitted by the developer. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing development and redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. The PUD process involves a rezoning of land and, therefore, is subject to meeting the City's rezoning evaluation policy and review guidelines that are contained in Section 35 -208 of the City's Zoning Ordinance. Also, proposals must be consistent with Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit ® Developments. Attached for the Commission's review are copies of Section 35 -208 and 35 -355 8 -15 -02 Page 1 • of the City's Zoning Ordinance for review. As mentioned previously, the City Council adopted a resolution approving the overall PUD for the Westbrook Development proposal. That resolution contained the various findings and considerations necessary for approving the PUD. For the most part, these findings and considerations were made given the applicant's proposed use and this amendment is to acknowledge the building details and location through the PUD amendment process. Approval of this Planned Unit Development should acknowledge compatibility with the policy and review guidelines of the previously mentioned Section 35 -208 and also the provisions of Section 35 -355 of the Zoning Ordinance. Attached is a copy of the Westbrook Development PUD site plan, which was approved earlier this year. We believe that the proposed amendment submitted by Speedway SuperAmerica is in keeping with the findings and considerations associated with the previous approval. The proposed amendment will be consistent and compatible with surrounding land uses in the area. The development plan amendment being submitted will bear fully the ordinance development restrictions for the proposed development or be offset by factors related to the plan. It also appears that the use of the property in the context of the overall development will be a good long range use of the land and can be considered to be in the best interest of the community. STTF AND BIM DINCT PT, AN PRn 2nSAL The proposed amendment calls for a 3,958 sq. ft. convenience store /gas station/car wash at 6950 Brooklyn Boulevard. The amended plan calls for a building location that is consistent with the requirements of the previous approval. The building has been relocated on the site so that the car • wash is not adjacent to Brooklyn Boulevard. The car wash will be on the back (north) side of the building. AC",C'.FQ,S/P Accesses to the entire Planned Unit Development were previously approved. An access located off Brooklyn Boulevard between the SA and Culver's site will be the primary access for northbound Brooklyn Boulevard. Cross access throughout the Planned Unit Development is possible. The station will be oriented to the south with the pump island immediately south of the building. Access to the car wash will be in a counter clockwise fashion around the building. Twenty two parking spaces are required for the 3,958 sq. ft. retail - building. Sixteen of the parking spaces are located immediately in front of the building and credit for six pump island parking spaces are given to meet the 22 parking stall requirement. Modifications to the 15 ft. green strip requirements on this site along Brooklyn Boulevard and 70th Avenue North were granted as part of the original PUD approval earlier this year. Green strips of 5 ft. in these locations are off set by a combined wrought iron fence with masonry piers of about 3 1/2 ft. in height. CTR AT)P\TG/DR ATNACTF/I TTTT,TTTFS The applicant has provided grading, drainage, and utility plans which are being reviewed by the City's Consulting Engineer. These appear to be consistent with previous approvals with some minor modifications. The Consulting Engineer will provide a report related to these matters. • 8 -15 -02 Page 2 • The site is to be bounded by B -612 curb and gutter around all parking and driving areas. Concrete parking delineators should be added to the east and west ends of the row of parking immediately in front of the proposed building. LANDSCAPING The applicant's landscaping proposal is to be that which was granted for the entire Westbrook PUD. Attached is a copy of that landscape plan which was previously approved. No further submittals are required. BI M ,DINGY The applicant has submitted building elevations showing the convenience store and car wash. They are proposing to utilize matching materials and design consistent with the rest of the buildings within the Westbrook PUD. The plan calls for brick siding with a black fiberglass shingle roof. Accent colors will be red, white and blue in the typical SuperAmerica design. A display window will be wrapped around a portion of the Brooklyn Boulevard elevation. The car wash building will be of the same materials with overhead doors on the east and west sides. The only concern with the building elevations is the screening of the proposed roof well which houses mechanical equipment. The Commission's attention is directed to the rear elevation. Generally, rooftop mechanical equipment is to be screened from view. The elevation shows no screening in this area. • I ,IGHTINCGIT /TR ASH The lighting plan has already been approved as part of the Westbrook PUD. A canopy will be provided over the six pump island and my understanding is that lighting will be recessed in the canopy similar to the SuperAmerica plan for 57th and Logan Avenues. A trash container is shown on the easterly side of the building and will be screened by an enclosure with the same exterior finish as the building. Solid opaque gates will also be provided. PROCEDURE As pointed out previously, this proposal is an amendment to the Planned Unit Development approval granted for the entire Westbrook Development site. As a Planned Unit Development amendment, the proposal is required to follow the procedures required for the original Planned Unit Development. This requires a public hearing, which has been scheduled. Notices of the Planning Commission's consideration have been sent and a notice has also been published in the Brooklyn Sun/Post. All in all, we believe the plan is in order and consistent with the Westbrook Planned Unit Development proposal and, therefore, we would recommend approval of the amendment. Approval of this application should acknowledge the findings, considerations and conditions that are comparable to those made in the previous City Council resolution. A draft Planning Commission resolution is offered for the Commission's consideration. This resolution outlines the Commission's consideration of this matter and also recommended considerations and conditions for approval. • 8 -15 -02 Page 3 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 -1 the City Council has established a rezoning evaluation policy and review guidelines. 2. Polic 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? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an • individual parcel? Section 35 -208 Revised 3 -01 c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off -street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district, or any part thereof, to "PUD - MIXED." b. Regulations governing uses and structures in PUDs shall be the same as those governing the underlying in zoning district sub' : - subject to the following: Y g g J g 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. 3. 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 c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD - MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property is directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35 -400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. C. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35 -400 to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. 35 -46 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; 1 0 1 35 -47 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 3 5-2 10 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. Approval of the development plan shall constitute rezoning of the property to • PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its, approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. 35 -48 The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory,to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35 -230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. 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. 35 -49 • MEMORANDUM DATE: August 6, 2002 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, Consulting Engineer SUBJECT: Plan Review Super America (Brooklyn Boulevard at 70' Avenue North) The Engineering Department has reviewed the subject plans for the proposed Super America at the above location. The plans reviewed were as follows: Speedway /SuperAmerica Dwg. Nos. 100780 -1 through 100780 -7, dated July 11, 2002 Comments are as follows: • The subject plans were compared to plans submitted previously for Johnco Addition, which covered a much larger area that included the Super America site. The plans were compared for overall consistency. The storm sewer plan for the site differs from the overall Johnco site storm sewer plan prepared and revised recently by Loucks Associates. • This may affect other sites that subsequently develop adjacent to Super America. Both plans must reflect the same design and intended construction, and at least one or perhaps both plans must be revised accordingly to match. • The subject property shall be subject to any outstanding requirements of the Subdivision Agreement for Johnco Addition, including any hookup charges (Water and Sanitary Sewer connection charges of $3,000 and $1,500 per parcel, respectively). • As -built drawings will be required upon completion. • An erosion control plan must be submitted. • The plans provide for connecting to an existing sanitary sewer service from 70"' Avenue North. This is believed to be a 4 -inch service, but the actual size and condition of the service cannot be confirmed until exposed. It is recommended that the applicant consider installing a new 6 -inch diameter service, especially in view of the site use which includes a car wash. • The water connection shall be 6 -inch Ductile Iron P Pipe. Based upon available information, it is likely that the 6 -inch service will need to cross beneath the existing 36- inch diameter storm sewer. There shall be a minimum 2 -foot separation distance between the water service and storm line, and 4 -inch rigid insulation shall be installed as well. ® Super America /August 6, 2002 1 Tapping of the existing water main shall be a wet tap per City requirements, and the Contractor shall notify t i he City Utilities Superintendent at • Y Y least 48 hours prior p or to tapping. • The plan shows meters and the separation of lines for domestic, fire, and irrigation lines occurring in the boulevard. This should be re -drawn and re- submitted to occur from the building. The applicant shall confirm this with the City Building Official. • The water and sewer connection 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 applicant shall be required to provide surety for the work in 70" Avenue. All patching and repairs to 70"' Avenue shall be performed in strict accordance with the requirements of the City of Brooklyn Center Department of Public Works. This includes sawcutting of all edges pavement removals, B -618 concrete curb and gutter installation, 6" Classy, 2" Bit. Base and 1 -1/2" Bit. Wear. • The proposed site plan shall be subject to the approval of the City Fire Department, including, hydrant spacing requirements and any other requirements of the Fire Department. Specific hydrant locations were provided per the Johnco site plan, and it appears that these will not be installed until other site developments occur. Therefore, the Fire Department may have concerns or comments in that regard. • • Access to the site shall be from common driveways from Brooklyn Boulevard and 70 Avenue North, shown per the Johnco plan. The Super America plan does not clearly show the actual construction of the common driveways and driveway entrances. All common driveways and entrances that serve the subject property must be constructed in their entirety prior to occupancy of the new building. • The applicant shall check for utility conflicts between the storm sewer and utility services. 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K4,H SIGN ELEVATION "C" S CNACE z o ¢ettsae+e¢sicera>E - .,a •. • a - C:uw,hn €v ., ,x :.......:.. ...�:, .�.,. •...�,. in:.. . I - - - _ :_,�xn [g mm_ ,j"'tt.E:P_u_. s �u, ..E r.a e -� �ultPi� xut Lm 9 �iyP[n,rExi ;xq: 1 flEAOER 6OARD ELEVATION "B'� _ ,,c,IMx ' A[ �,x�,�l.l �, - FE - , - i d " w�1 BURDING ENTRANLE ELEVATION "A" I ' - - [ - , - - - — - - - — -r w100780 „:. -. 2003 I " 1154 CANOPY STRIPING DETAIL o _ ..700780 t ft cf Member Kay Lasman introduced the following resolution and moved its adoption: • RESOLUTION NO. 2002 -75 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION N0. 2002 -006 SUBMrl l zlJ 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 PUDIC -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 Commission recommended approval of ApplicationNo. 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. RESOLUTION NO. 2002 -75 3. The utilization of the roe a ® property nY s 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 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 ouncil of the City of • ty ty 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 erformance agreement P and su ortin financial � PP g 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 equip ed with an automatic fire extinguishing system P � g Y • to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. • .LZSrJVLUltV1V 1VV. GVVG�/.J 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: �. 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 Secti on 35 -712 of the Zoning Ordinance. 12. All work perforated 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, 2002 -75 • 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 SuperA.merica to be located on their respective sides of the Broold Boulevard ulevard 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. June 10, 2002 Date a p • M yor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Tasman, Ed Nelson Bob Peppe, and Tim Ricker; and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. lie Member aoeck introduced the following resolution and moved its adoption: s, tiy,y,J' PLANNING COMMISSION RESOLUTION NO. 2002 -03 RESOLUTION REGARDING THE RECOMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -012 SUBMITTED BY SPEEDWAY SUPERAMERICA. WHEREAS, City Council Resolution No. 2002 -75 adopted on June 10 2002, approved a rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located at the northeast uadrant of 69th Avenue North rth and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial/retail development including conceptual approval of a SuperAmerica gas station/convenience store /car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the SuperAmerica development; and WHEREAS, Planning Commission Application No. 2002 -012 consisting of a PUD amendment to allow construction of a 3,958 sq. f1. SuperAmerica convenience store /gas station/car ® wash on a 52,768 sq. ft. lot at the southeast corner of 70th Avenue and Brooklyn Boulevard has been submitted by Speedway SuperAmerica; and WHEREAS, the Planning Commission held a duly called public hearing on August, 15, 2002, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission considered the Planned Unit Development amendment request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, tht 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 -012 submitted by Speedway SuperAmerica be approved in light of the following considerations: 1. The Planned Unit Development amendment 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 amendment will allow for the utilization of the land in question in a manner, which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. green strip p g gr p along the Brooklyn Boulevard and 70th Avenue North rights of way. This modification from the C -2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is off set or mitigated by factors contained in the approved site plans and City Council Resolution No. 2002 -75. 4. The Planned Unit Development amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The Planned Unit Development amendment appears to be a good long range of the existing land and can be considered an asset to the community in light of its compatibility with the overall Planned Unit Development proposal. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interest of the community. Be it further resolved by the Plaiming Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2002 -012 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 permits to assure completion of all site improvements. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. • 6. 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. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances and to Condition No. 18 of City Council Resolution No. 2002 -75, which allows a monument type sign not exceeding 12 ft. in height and 145 sq. ft. in area to identify the SuperAmerica site. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance guarantee. 10. The plans shall be modified to provide concrete parking delineators at the ends of the row of parking immediately adjacent to the front of the building. 11. 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 permits. Said agreement shall acknowledge the SuperAmerica Planned Unit Development amendments and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. Date Chair Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Newman and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Commissioners Will son, Boeck, Erdmann, Newman., Rahn whereupon said resolution was declared duly passed and adopted. and R e em . • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2002 -012 SUBMITTED BY SPEEDWAY SUPERAMERICA. WHEREAS, City Council Resolution No. 2002 -75 adopted on June 10 2002, approved a rezoning from C -2 (Commerce) and R -1 (One Family Residence) to PUD /C -2 of a 5.6 acre site located at the northeast quadrant of 69th Avenue North and Brooklyn Boulevard; and WHEREAS, that Planned Unit Development (PUD) proposal also included development plan approval for a 34,228 sq. ft., four building mixed use commercial /retail development including conceptual approval of a SuperAmerica gas station/convenience store /car wash on the above mentioned site. Said development approval required additional plans be submitted for Planning Commission and City Council review and approval of the SuperAmerica development; and WHEREAS, Planning Commission Application No. 2002 -012 consisting of a ® PUD amendment to allow construction of a 3,958 sq. ft. SuperAinerica convenience store /gas station/car wash on a 52,768 sq. ft. lot at the southeast corner of 70th Avenue and Brooklyn Boulevard has been submitted by Speedway SuperAmerica; and WHEREAS, the Planning Commission held a duly called public hearing on August 15, 2002, when a staff report and public testimony regarding the Planned Unit Development amendment were received; and WHEREAS, the Planning Commission recommended approval of Application No. 2002 -012 by adopting Planning Commission Resolution No. 2002 -03 on August 15, 2002; and WHEREAS, the City Council considered Application No. 2002 -012 at its August 26, 2002 meeting; and WHEREAS, the City Council has considered this Planned Unit Development amendment 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 -012 submitted by Speedway SuperAmerica be approved in light of the following considerations: RESOLUTION NO. 1. The Planned Unit Development amendment 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 amendment will allow for the utilization of the land in question in a manner, which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the Planned Unit Development amendment is considered a reasonable use of the property and will conform with city ordinance standards except for allowing a less than 15 ft. green strip along the Brooklyn Boulevard and 70th Avenue North rights of way. This modification from the C -2 standards is justified on the basis of the development being an appropriate redevelopment of this area and that it is off set or mitigated by factors contained in the approved site plans and City Council Resolution No. 2002 -75. 4. The Planned Unit Development amendment is considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. • 5. The Planned Unit Development amendment appears to be a good long range of the existing land and can be considered an asset to the community in light of its compatibility with the overall Planned Unit Development proposal. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and 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 -012 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 permits to assure completion of all site improvements. • RESOLUTION NO. 4. B -612 curb and gutter shall be provided around all parking and driving areas. 5. An outside trash disposal isposal facilities and roof top or on ground mechanical equipment shall be appropriately pp riatel P Y screened from view. 6. The building is to be equipped with an automatic fire extinguishing system g g Y to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 7. Underground irrigation shall be installed in all landscaped areas to facilitate site maintenance. 8. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances and to Condition No. 18 of City Council Resolution No. 2002 -75, which allows a monument type sign not exceeding 12 ft. in height and 145 sq. ft. in area to identify the SuperAmerica site. 9. An as built survey of the property, improvements and utility service lines shall be submitted to the City Engineer prior to release of the performance • guarantee. 10. The plans shall be modified to provide concrete parking delineators at the ends of the row of parking immediately adjacent to the front of the building. 11. 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 permits. Said agreement shall acknowledge the SuperAmerica Planned Unit Development amendments and shall be filed with the title to the property prior to the issuance of building permits for this development. The agreement shall further assure compliance with the development plans submitted with this application. 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 oted against g g inst the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOb • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist Zl Subject: City Council Consideration Item - Planning Commission Application No. 2002- 013 Date: August 21, 2002 On the August 26, 2002 City Council Agenda is Planning Commission Application No. 2002- 013 submitted by Douglas Glenn requesting Preliminary Plat approval to combine two parcels of land at 4906 and 4912 France Avenue North into a single lot. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -013 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 August 15, 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 7 -25 -02 City Council Action Should Be Taken By 9 -23 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -013 Applicant: Douglas Glenn Location: 4906 and 4912 France Avenue North Request: Preliminary Plat The applicant, Douglas Glenn owner of Douglas Metal Specialties, is seeking preliminary plat approval to combine two parcels of land into a single lot to accommodate an addition to the Douglas Metal Specialties operation. The properties under consideration are 4906 and 4912 France Avenue North, which are adjacent to one another and are located on the east side of France Avenue in the 4900 block. The properties are in the I -2 (General Industry) zoning district and are bounded on the west by France Avenue; on the north by other industrial buildings; on the east by TH 100 and on the south by Dr. Dudley's pet operation. The properties in question are currently legally described as Lot 7, Block 5, Brooklyn Manor (4912 France Avenue North) and Lot 8, Block 5, Brooklyn Manor (4906 France Avenue North). • Lot 7 is approximately 35,000 sq. ft. in area and has 90 ft. of frontage on France Avenue North. Lot 8 is approximately 29,500 sq. ft. in area also with 90 ft. of frontage on France Avenue North. Once combined, the total area of the proposed lot will be 64,528 sq. ft. (1.48 acres). The new proposed legal description is Lot 1, Block 1, Douglas Metal Specialties. The northerly lot (4912 France) currently contains two industrial buildings while the southerly lot (4906 France) contains one industrial building. Mr. Glenn's proposal with companion Application No. 2002 -014 is to make a 9,580 sq. ft. addition connecting g the easterly building on the north side with the existing building on the south. Properties that are under common ownership and serve a common use are required to be combined into a single lot through platting or registered land survey in accordance with the requirements of the zoning ordinance. In addition the proposed addition to the Douglas Metal Specialties operation would be over the existing property line. Because the properties in question are less than five acres in area no review by the Shingle Creek Watershed Commission is required with respect to this platting. The City's Consulting Engineer is reviewing the preliminary plat (and companion application) and has referred a copy of the plat to MNDOT for their review and comment as Attached for the Commission's review is an August 5, 2002, memorandum from the Consulting Engineer with his g gi comments relatin g to both the preliminary plat and site and building plan. It should be noted that France Avenue North is being reconstructed between 50th Avenue and the old Soo Line railroad tracks. As part of the TH 100 widening project, a new railroad overpass is being constructed over TH 100. The railroad overpass is being raised and France no longer will • 8 -15 -02 Page 1 • cross the tracks. The site is currently served by all utilities and it is not anticipated that there will be any platting problems with respect to the proposed combination. A public hearing has been scheduled for the preliminary plat application and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. R ECOMMEND A TTON The proposed preliminary plat appears to be in order and approval of this application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City's Consulting Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. • ® 8 -15 -02 Page 2 + r. MIND w WA AIR • .:.'vim tb;•r `M JjF 4 - t PREL Ii'''i INAR*r PLAT O f DOUG METAL SPECI FOR: Douelaa Metal specialties / 4912 Franc. Avenue North / Brooklyn Comer MN, 66420 -3011 � Tole; C163J 636 -1004 1 1 Fax: (163) 536- 1091�Yq sate q i j % fd.lbq a,em.q /jn/,J�I I I I I F I 1 1 I I 1 I NORTH q CRAP!RC SCALE 1 I T/ LOT 1, LOT 3 i t n T I .a ( I rr, I drC4r QT 1 I 1 -U I I w ' i - Ed.fiq 9ulghy / Etlalhlq B��Mq I � / 1 �H 2Dd�932�r �orxcsvncr� 2 � Lr T ` v r--+ - _ _ _ - I 1 a. 1 __ f= ;� AR ;L7" 0.1 --) ' I \ easTm PROpEwIY FQa rr zQbtc ACSs � n.r LEIGEM I I p V � E.Llhiq 9ulAnq Emtlnq Bugdhq L:: T i S O nm.tw emr+� mn h.. I i 1 X � SO E 4 , — Irr a: to Ia a .YS.lute o�n -ti b,. /sn a, ur x.b n, Fgv.rotn • i :,� ..� � � w 1 .wsnn c xw •vt M I ss —w+x. „xn arw yar. . nu�'i..n • City Council Agenda Item No. 10c • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning nd Zoning S ecia'flist g g p � ) a - Subject: City Council Consideration Item - Planning Commission Application No. 2002- 014 Date: August 21, 2002 On the August 26, 2002 City Council Agenda is Planning Commission Application No. 2002- 014 submitted by Douglas Glenn requesting Site and Building Plan approval for a 9,587 sq. ft. addition to the buildings at 4906 and 4912 France Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2002 -014 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 August 15, 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 7 -25 -02 City Council Action Should Be Taken By 9 -23 -02 (60 Days) Planning Commission Information Sheet Application No. 2002 -014 Applicant: Douglas Glenn Location: 4906 and 4912 France Avenue North Request: Site and Building Plan Approval The applicant, Douglas Glenn owner of Douglas Metal Specialties, is seeking site and building plan approval to construct a 9,587 sq. ft. addition to the buildings located at 4906 and 4912 France Avenue North. The property under consideration is a 1.48 acre site being created through the combining of the above two lots under Planning Commission Application No. 2002 -013. It is zoned I -2 (General Industry) and is located on the east side of France Avenue in the 4900 block. It is bounded on the west by France Avenue with the Xcel Energy substation on the opposite side of the street; on the north by other industrial buildings; on the east by TH 100; and on the south by Dr. Dudley's pet operation. Industrial uses such as that conducted by Douglas Metal Specialties are permitted uses in this zoning district. • The applicant's proposal is to make a 9,587 sq. ft. addition that would connect the easterly of the two buildings on the north side of the combined site with the existing building on the south. This would make for a two building complex on the site encompassing a total of 27,597 sq. ft. for the Douglas Metal Specialties operation (a 4,418 sq. ft. building and a 23,179 sq. ft. building). A(':CESS/PARKTNG Access to the combined site is unchanged. There are two accesses on France Avenue approximately 78 ft. apart. The northerly access is 24 ft. in width while the southerly access is approximately 17 ft. in width. The applicant proposes to leave these access points as is. The site plan shows parking for 40 vehicles. A new parking area meeting minimum ordinance standards for parking dimensions and parking lot setbacks would be established to the rear of the building. The new parking facility would be bound by B -612 curb and gutter and would establish the required 15 ft. green strip separation from the TH 100 right of way. Also, at the northeast corner of the site a new landscape area would be provided. The parking lot to the rear of the building would provide 30 parking spaces, one of which is proposed to be a handicap accessible space. Additional parking is provided along the front side (France Avenue) of the building where one 90 degree handicap parking space would be provided and four angled parking spaces are shown. In addition, five parallel parking spaces, three on the north and two on the south, are provided in a paved area between the existing northerly building and the existing southerly building. This area would also serve as a dock and loading area for the proposed new addition. 8 -15 -02 Page 1 • Circulation around the site would be in a one way fashion from the northerly access to the south. Access to the rear of the building and the parking spaces in that location would be from an existing driveway along the south side of the building. It should be noted that this driveway width at the corner of the existing building is only 17 ft., which would expand to a maximum of approximately 20 ft. where the new building addition is located. This, for the most part, is an existing situation that really cannot be corrected with the changes being proposed. Although the driveway is narrow, we do believe it can function provided either directional signs or other devices such as mirrors are provided to avoid on coming traffic. It is tight but it currently works and we expect that to be the case in the future. Circulation around the site may be unorthodox but, again, it appears to be viable and should not prevent the proposed expansion and upgrading contemplated with this redevelopment. CTRADINCT/DRAINAGF/iITIT ITIFS The applicant has provided a grading, drainage and erosion control plan which is being reviewed by the City's Consulting Engineer. A memorandum, dated August 5, 2002, from the Consulting Engineer provides his written comments with respect to the applicant's proposal (attached). The most significant aspect of this portion of the plan is the removal on the east side of the site of existing pavement and the establishment of a new parking facility in this location. As previously mentioned, the northeast corner of the site will be modified to create a landscape and drainage area. B -612 curb and gutter is proposed to be provided in the areas where blacktop will be • removed and replaced. Any areas disturbed will require the installation of B -612 curb and gutter to assist in the drainage of the site. The easterly portion of the site will basically remain unchanged with no major removal and replacement of blacktop other than in the loading dock area with the building expansion. The site currently has B -6 curb bounding a 15 ft. green strip along France Avenue and will remain unchanged. The Consulting Engineer's report recommends riprap or some type of energy dissipater to be installed at the drainage outlet point along the easterly side of the site. Drainage, for the most part, will be comparable to what is there with the various improvements noted. No additional sewer or water connections or services are planned and the existing services will serve the buildings and the addition. LANDSCAPING The applicant has submitted a landscape plan in response to the point system used to evaluate such plans. The City uses the building addition process to assure compliance with current requirements of the ordinance as much as possible. The applicant has been advised to provide landscaping to meet the minimum requirements. The number of points required for the General Industry zoning district would require 89 landscape points for this development. The landscape plan incorrectly shows 75 points required. The applicant's proposal, however, provides 91 landscape points through a variety of trees, coniferous trees and shrubs. The plan calls for three • 8 -15 -02 Page 2 • Marshalls Seedless Ash to be planted in the green strip along France Avenue, one to the north and two to the south of the main driveway. In addition, two Marshalls Seedless Ash are provided in the green strip between the rear parking area and the TH 100 right of way. The plan also calls for five Colorado Green Spruce to be planted in the newly installed landscaped area at the northeast corner of the site and a Colorado Green Spruce in the France Avenue green strip at the north portion of the site. Eight Goldflame Spirea and two Broadmoor Juniper are to be planted by the entrance to the northerly building. The landscape plan shows sod in the France Avenue green strip area and the newly created green strip and landscape area along the TH 100 right of way. Underground irrigation should be installed in these landscaped areas to facilitate site maintenance. The building addition will be concrete block with metal cap flashing to match the existing. The west wall of the existing southerly building will have the metal siding removed and concrete block to match existing will be exposed. All in all, the proposed addition and exterior changes will make for a more attractive building. T GT4IINC; /TR ASH No lighting plan has been submitted which seems to indicate that no changes to lighting on the site are proposed. Our main concern is that lighting not exceed the foot candles authorized under • Section 35 -712 of the Zoning Ordinance. Any lighting on the site should be directed downward onto the property and not create glare spilling over to adjacent properties. The plan shows an outside storage area between the two existing north buildings. An 8 ft. tall screen fence is proposed between the buildings and the area appears to be of sufficient size to house trash as well as other outside storage. The screen fence should not be a chain link fence with plastic slats but rather a solid opaque material. RECOMMENDATION Altogether the plans appear to be in order and approval of the application is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility plans and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building permits. • 8 -15 -02 Page 3 • 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings and building addition 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. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of J p the City Ordinances. 7. B -612 curb and gutter shall be provided around the expanded parking and driving areas and any other areas that are modified or disturbed as directed by the City Engineer. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. • 9. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the city engineering department. 10. The final plat combining 4906 and 4912 France Avenue North into a single lot as comprehended under Planning Commission Application No. 2002 -013 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. • 8 -15 -02 Page 4 f L -' r'� _ ` •' t �� f y t Ai.fifi�� •'� / f INN et / 3Tr■ win 4 � � , - .. s. �_ r at •.}1� ' ,,,,,, N f •t7�'•Y t I2 /r _ or KA INN KA JT t 7 at L f t 4 r f r r ; MEMORANDUM DATE: August 5, 2002 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott A. Brink, Consulting Engineer SUBJECT: Preliminary Site Plan Review Douglas Metal Specialties I have reviewed the subject plans for the proposed building addition at Douglas Metal J p p P g g Specialties, 4912 France Avenue North and have the p following observations and comments at this time. The following plans were reviewed: 1. Grading, Drainage, and Erosion Control Plan, dated July 25, 2002, Plowe Engineering, Inc., Sheet Cl. 2. Boundary and Topographic Survey, dated July 10, 2002, E.G. Rud & Sons, Inc., Land Surveyors. • Generally, it is proposed to construct a building addition that will connect Building A with Building B per Sheet C 1. In addition, some replacement of existing bituminous pavement and installation of concrete curb and gutter is also proposed. Observations and comments are as follows: • The east end of the existing parking lot is proposed to be retro- fitted with concrete curb and gutter to better direct and confine drainage accordingly. Presently, runoff essentially sheet drains off of the existing pavement to the east and to MnDot Right of Way. Proposed is to direct drainage to a single outlet, or opening in the curb at the lowest point. In addition, a portion of the existing bituminous pavement further to the northeast is proposed to be removed. It is recommended that either riprap, or some type of energy dissipater be installed at the outlet point to prevent erosion. The curb opening should also be cut small enough to retain at least some water to the parking lot during excessive rainfall events. In addition, for the area where the bituminous surface is to be removed, the plan should state weather the area will be sodded, seeded, or graveled as may be proposed. • Douglas Metal Specialties 1 • It is recommended that the proposed building project be reviewed by all appropriate private utilities, including Excel Energy, Reliant Energy, Qwest Communications, and others as needed. 0 Removal and patching of the existing bituminous surface around the proposed building addition is shown. Special care shall be administered to avoid any potential drainage or other impacts to adjacent properties. • No additional or new service water and sewer connections are shown. • The subject property is adjacent to T.H. 100. Although there does not appear to be any encroachment, impact, or effect to the highway or right -of -way, a review of the site plan by MnDot is recommended, particularly in view of the upcoming T.H. 100 Segment 4 Project which may or may not affect the property. • As a result of the proposed building addition, there will no longer be access to the rear of the property through the north driveway. The only access to the rear of the property will be by way of the south driveway, between the south property line and the existing Building A and proposed addition. The available driving space between the existing building and property line is only 16.9 feet per the survey. Therefore, for large delivery vehicles, it is expected that simultaneous 2 -way traffic will not be possible. It is ® recommended that the Director of Public Safety or Fire Chief also review the proposed plan to comment further as may be needed. • France Avenue will be reconstructed between 50` Avenue North and the terminus at the CP railroad tracks. As shown per the plan, no utility cuts or impacts upon the newly constructed street are proposed. The proposer or proposer's contractor shall be held responsible for any construction or other related damages to the new street or public right of way. • Douglas Metal Specialties 2 C 0 Y Y E R C 1 A L P L A N REV I E M D O U G L A S M E T A L S P E C I A L T I E S I N C FGR CODE COY P L AH CE A GENERAL K(RYAMIN A R C Hl T E C T E N G I N E E R 0 W N E R C I V I L E N G I N E E R S U R V E Y / P L A T L A Y P E R T S T R O H 0 0 0 G L A S M E T A L P L 0 W E E. G. R U D A R C H I T E C T S E N G I N E E R I N G S P E C I A L T I E 5 I N C E N G I N E E R I N G A N 0 S O N S INC 8. APPLKML COGE4 13837 NE U. 51. 1120 5ibl,Y N.morivi Hwy. 4912 ftPnc. 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(s..wolars 73' . )r 0.•R In .YN•s� .rt ��I��- °°°•R•???c..«"`,,,....�� 3ron�'• ws c mx.rl ` ROP • I 1 s scn sr '/' t l I /ra.e•-- t.salP 'L x FRAMING PLAN _ r nwwolw xi.ao smf +n3i n b DETAU :rti> Knl. o"r _ _-L - • a0c •�anc Y sn.el Numea 5 TYPICAL DETAIL ° n f S2 x /� • 1 -0- /61 TYPICAL TEL DETAIL ^YPI TCAL DETAIL 10 TYPICAL DETAIL - ' 10, JOIST BEARING DETAIL 52 P'li- N0. 020503 -3 • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 15, 2002 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:34 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem, were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. John Whitehead was absent and excused. APPROVAL OF MINUTES — JULY 25, 2002 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the July 25, 2002 meeting as submitted. The motion passed unanimously. • CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2002 -012 SPEEDWAY SUPERAMERICA Chair Willson introduced Application No. 2002 -012, a request for a Planned Unit Development Amendment to construct a 3,958 sq. ft. convenience store /gas station/car wash on a newly created 52,768 sq. ft. lot located at the southeast corner of 70th Avenue North and Brooklyn Boulevard, addressed as 6950 Brooklyn Boulevard. The property is zoned PUD /C -2 (Planned Unit Development/Commerce). Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 8 -15 -02 for Application No. 2002 -012 and the Consulting Engineer's memo dated 8 -6 -02 attached.) A Planned Unit Development rezoning of this property and the rest of the Westbrook Development was approved by the City Council under Resolution No. 2002 -75 on June 10, 2002 (Planning Commission Application No. 2002- 006). Commissioner Boeck requested a change to Item No. 3 in the Draft Planning Commission Resolution No. 2002 -03 to read "mitigated by factors contained in the approved site plans and • City Council Resolution No. 2002 -75." The Commissioners unanimously agreed to the change. 8 -15 -02 Page 1 • Commissioner Reem inquired about the location of the drive way leading into SuperAmerica. Mr. Warren explained how the main drive areas serve the site in relation to the private driveway area. Commissioner Erdmann asked for further clarification regarding the Consulting Engineer's comments regarding an existing 4 inch service line being replaced with a 6 inch service line. Mr. Warren explained that the Consulting Engineer will resolve this with the developer. PUBLIC HEARING — APPLICATION NO. 2002 -012 There was a motion by Commissioner Erdmann, seconded by Commissioner Rahn, to open the public hearing on Application No. 2002 -012, at 8:15 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Michael Cronin, SuperAmerica representative, introduced himself to the Commissioners and responded to questions about the materials used in the fence and the access and drive areas on the site. He described the fence and explained that the fence is similar to one at the 57th and Logan site. He further explained that the change in grade on the site and landscaping will provide adequate screening around the site. He added that SuperAmerica feels that the site was designed such that there is no thru traffic in the parking lots and there is adequate access points in and out of the site to allow proper traffic flow without minimizing safety. No other persons from the public appeared before the Commission during the public hearing on Application No. 2002 -012. • CLOSE PUBLIC HEARING, There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 2002 -012, at 8:25 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMENDING APPROVAL OF RESOLUTION NO. 2002 -03 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve Planning Commission Resolution No. 2002 -03 regarding the recommended disposition of Planning Commission Application No. 2002 -012 submitted by Speedway SuperAmerica. The motion passed unanimously. The City Council will consider the recommendation at its August 26, 2002 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that this application be returned to the Commission for reconsideration. APPLICATION NOS. 2002 -013 AND 2002 -014 (DOUGLAS GLENN) Chair Willson introduced Application No. 2002 -013, a request from Douglas Glenn, seeking Preliminary Plat approval to combine two parcels of land at 4906 and 4912 France Avenue North into a single lot and Application No. 2002 -014 requesting Site and Building Plan approval for a • 9,587 sq. ft. addition to the buildings at 4906/4912 France Avenue North. The property is zoned I -2 (General Industry) and is located on the east side of France Avenue in the 4900 block. 8 -15 -02 Page 2 • Mr. Warren presented the staff report using overhead transparencies for Application No. 2002- ' 013, which consists of a preliminary plat that will combine the two lots into a 64,528 sq. ft. (1.48 acre) site. (See Planning Commission Information Sheet dated 8 -15 -02 for Application No. 2002 -013, attached.) Mr. Warren presented the second staff report for Application No. 2002 -014, a request for site and building plan approval to construct a 9,587 sq. ft. addition which would connect the buildings at 4906 and 4912 France Avenue North. (See Planning Commission Information Sheet dated 8 -15- 02 for Application No. 2002 -014 and the Consulting Engineer's memo dated 8 -5 -02, attached.) This would make for a two building complex with a total of 27,597 sq. ft. in area. The properties are less than five acres in area and no review by the Shingle Creek Watershed Commission is required. PUBLIC HEARING — APPLICATION NO. 2002 -013 AND 2002 -014 There was a motion by Commissioner Newman, seconded by Commissioner Reem to open the public hearing on Application No. 2002 -013 and 2002 -014, at 8:55 p.m. The motion passed unanimously. Chair Willson called for comments from the public. The applicant, Douglas Glenn, introduced himself and welcomed questions from the ® Commissioners. No other persons from the public appeared before the Commission during the public hearing on Application No. 2002 -013 and 2002 -014. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to close the public hearing on Application No. 2002 -013 and 2002 -014 at 9:00 p.m. The motion passed unanimously. The Chair called for further discussion from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICTION NO. 2002 -013 (DOUGLAS GLENN) There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to recommend to the City Council that it approve Application No. 2002 -013 submitted by Douglas Glenn, for Preliminary Plat approval to combine two parcels of land at 4906 and 4912 France Avenue North into a single lot, subject to the following conditions: 1. The final plat is subject to review and approval by the City's Consulting Engineer. • 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 8 -15 -02 Page 3 • Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 26, 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 -014 (DOUGLAS GLENN) There was a motion by Commissioner Reem, seconded by Commissioner Newman, to recommend to the City ouncil that it approve Application No. 2002 -014 submitted b Douglas Y pp pp Y g Glenn for Site and Building Plan approval for a 9,587 sq. ft. addition to the buildings at 4906 and 4912 France Avenue North subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility plans and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of building permits. 3. A site performance agreement and supporting financial guarantee in an • amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings and building addition 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. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided around the expanded parking and driving areas and any other areas that are modified or disturbed as directed by the City Engineer. 8. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 8 -15 -02 Page 4 • 9. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the city engineering department. 10. The final plat combining 4906 and 4912 France Avenue North into a single lot as comprehended under Planning Commission Application No. 2002 -013 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Reem. The motion passed unanimously. The Council will consider the application at its August 26, 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 Chair Willson announced that he will not be able to attend the September 12, 2002 meeting. Mr. Warren reminded the Commissioners that the next meeting had been changed to Wednesday, August 28, 2002. He added that the September 26, 2002 meeting would be cancelled. There was no other business. ® ADJOURNMENT There was a motion by Commissioner Boeck seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:04 p.m. s Chair Recorded and transcribed by: Rebecca Crass • 8 -15 -02 Page 5 • City Council Agenda Item No. Ila PROCLAMATION DECLARING OCTOBER 20 THROUGH 26, 2002, AS WORLD POPULATION AWARENESS WEEK • WHEREAS, more than one billion people, one sixth of the world's population, are between the ages of 15 and 24, the largest generation ever in this age bracket; and WHEREAS, nearly half the world's population, and 63 percent in the least developed countries, is under age 25; and WHEREAS, 17 million young women between the ages of 15 through 19 give birth every year, including some 13 million who live in less developed countries; and WHEREAS, early pregnancy and childbearing is associated with serious health risks, as well as less education and lower future income potential for young mothers; and WHEREAS, risks of dying from complications of pregnancy or childbirth are 25 times higher for g irls under 1 and two times higher for women betweenl g g 5� g 5 throug 19; and WHEREAS, approximately half of the 5 million people infected with HIV last year were young people aged 15 through 24; and WHEREAS, almost 12 million young people now live with HIV, and about 6,000 more become infected every day; and • WHEREAS, the choices young people make today regarding their sexual and reproductive lives includin g responsible onsible male behavior will determine whether world population stabilizes at 8 billion or less or 9 billion or more; and WHEREAS, the theme of World Population Awareness Week, proclaimed last year by United States Governors of 31 States, Mayors of 288 United States cities, and 266 organizations from 77 countries, is "Population and the Next Generation ". NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of October 20 though 26, 2002, as World Population Awareness Week and urge all citizens of our City to take cognizance of this event and to participate appropriately in its observance. Date Mayor ATTEST: City Clerk • THE POPULATION INSTITUTE August 2002 107 Second Street, N.E. Washington, DC 20002 The Honorable Myrna Kra ess (202) 544 -3300 Fax (202) 544 -0068 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 -2113 U.S. COMMITTEE OF MAYORS Dear Mayor Kragness, ON RESOURCE CONSERVATION AND POPULATION CHAIRMAN We would again like to thank Brooklyn Center for proclaiming World The Honorable Charles F. Tooley Population Awareness week last October. However, because of the Billings, MT continuing global ramifications of urbanization and rapid population CHARTER MEMBERS growth, we ask that you maintain Brooklyn Center's tradition and The Honorable Robert Bercik proclaim the week of October 20 -26, 2002 as World Population Whiting, IN The Honorable Gilda Cabreera Oliveros Awareness Week Hialeah Gardens, FL The Honorable Salvadore Caruso Slidell, LA For the past 17 years, the Population Institute has been the lead The Honorable Nancy Crandall Norton Shores, Ml sponsor and coordinator of this awareness campaign. This year the The Honorable Sam Dobbins Glenwood, IL Institute plans to emphasize the theme of "Population and the Next The Honorable Alvin Dupont Generation: Youth and Adolescents." In addition to addressin The Honorable Alex Fekete general issues pertaining to youth and adolescents, this year's WPAW Pembroke Pines, FL The Honorable Carolyn Luoma Gentilini will also have a special focus on the HIV /AIDS pandemic, as the Virginia, MN The Honorable Mara Giulianti highest incidence of new cases of HIV transmissions is prevalent Hollywood FL The Honorable Merle Gordon amongst young adults between the ages of 15 and 24. Beachwood, OH • The Honorable Gerald Johnson DeRidder,LA As you are aware, at current growth rates, the world population in The Honorable Kenneth P. Johnson Wood Dale, IL 2030 is expected to exceed 8 billion. Cities and urban areas today The Honorable Bernard Kempf Boonville, MO occupy only 2 percent of the earth's land, but contain half of the The Honorable Scott King world's population and consume 75 percent of its resources. By 2050, Gary, IN The Honorable Charlie Kourajian an estimated two - thirds of the population will live in urban areas, Jamest ND The Honorable James s Le dford posing im osin even gr eater ater on their infrastructure. Le Palmdale, CA The Honorable Patrick Long Carlisle, OH A c nic 1^ f - '- r . ��aiii, 11- - c..., r.�ity iri:5 Cviue IU. txS tO ri✓u JUI)ii. our VOiUrtta,y and Honorable Nick Mason Northfork WV humanitarian efforts to stabilize population growth at sustainable The Honorable Joseph n OH y rini Maced levels. We sincer hope you will join this worldwide effort. After The H onorable Bill G. Moore proclaiming World Population Awareness Week, we ask that you send San Marcos, TX The Honorable Edward Mulvaney The Population Institute a signed copy of the proclamation. Thank you Rock Falls, !L The Honorable Walter Parker for your attention and dedication to this vital cause. Tybee Island, GA The Honorable Julie Partansky Davis, CA With Appreciation, The Honorable Abe Pierce Monroe, LA The Honorable Edward Randolph Alexandria, L The Honorable Joe Ric Glendale, CO The Honorable Julio Robaino South Miami, FL The Honorable Joyce Rogers Inverness, FL Werner Fornos Charles F. Tooley, Chair The Honorable Herbert Schaefer South Bethany, DE President Mayor of Billings, MT The Honorable Mark Schwiebert Rock island, IL The Honorable Leni Sitnick Asheville, NC The Honorable George Waters National City, CA ® Committee still in formation E -mail: webQpopulationinstitute.org Website: http / /www.populationinstitute.org Printed on recycled paper. • City Council Agenda Item No. 11b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROMOTING RACIAL EQUALITY WEEK SEPTEMBER 23. THROUGH 27, 2002 WHEREAS, the National League of Cities and the City of Brooklyn Center are committed to promoting racial equality and justice as a fundamental aspect of a healthy community; and WHEREAS, National League of Cities President Karen Anderson, Mayor of Minnetonka, Minnesota, has invited local officials across the country to renew their commitment to ensuring racial equality and justice for all beginning during the week of September 23, 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the week of September 23, 2002, be declared as Race Equality Week in the City of Brooklyn Center and urge all citizens in Brooklyn Center to join together to support this effort. BE IT FURTHER RESOLVED that the Mayor and City Council of Brooklyn • Center reaffirm our commitment to ensuring racial equality and justice in our city and to working with the National League of Cities to sustain this commitment throughout the country. 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. llc City of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Las , Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: August 21, 2002 SUBJECT: Hennepin County Enhancement Funds On Tuesday I spoke with Jim Grube, Director, Hennepin County Public Works Transportation Department. We discussed the potential to provide landscape enhancements along Bass Lake Road and Brooklyn Boulevard around Brookdale. Mr. Grube indicated that Hennepin County does have a program to fund some portion of enhancements on a matching basis. While there may be a long lead time in actually obtaining funds, I would recommend that we indicate to Hennepin County an interest in enhancement funding for Bass Lake Road and Brooklyn Boulevard around Brookdale. • .. 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. Ild • MEMORANDUM DATE: August 22, 2002 TO: Michael McCauley, City Manager FROM: Scott Brink, Consulting Engineet4 SUBJECT: Resolution Authorizing Execution of a Condemnation and Settlement Agreement, Twin Lakes Business Park, LLC, Twin Lakes II LLC, Twin Lakes III, LLC, Joslyn Manufacturing Company, LLC, and the City of Brooklyn Center Summary Explanation On December 10, 2002, the City Council approved a resolution authorizing condemnation proceedings for the purposes of obtaining roadway easements for the relocation of France Avenue. A Condemnation Settlement Agreement has been negotiated between the City and property owners. Under the terms of the agreement, property owners will be compensated for easements, and for environmental compliance work required to allow for construction of the roadway. These expenses are also covered in the Cooperation Agreement between the City and MnDot to provide for reimbursement to the City. On July 22, 2002 the City Council awarded a contract to Veit Construction to provide for the construction of the France Avenue relocation, and construction is now underway. However, construction cannot continue on the portion of proposed roadway between Azelia Avenue North and the BNSF Railroad until the easements are acquired, or a Settlement Agreement reached. City staff, the City Attorney, and property owners, along with MnDot have engaged in numerous discussions and meetings over the past several months to negotiate and refine a suitable agreement. The draft agreement presented to the City Council for approval is the result of those negotiations. In order for the construction and completion of France Avenue to remain on schedule it is imperative that an agreement be reached and signed as soon as possible. It is therefore recommended that the City Council authorize entering into the Condemnation and Settlement Agreement as proposed. • i • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A CONDEMNATION AND SETTLEMENT AGREEMENT, TWIN LAKES BUSINEESS PARK, LLC, TWIN LAKES 11, LLC, TWIN LAKES III, LLC, JOSLYN MANUFACTURING COMPANY, LLC, AND THE CITY OF BROOKLYN CENTER WHEREAS, A relocation of France Avenue between Lakebreeze Avenue North and 50"' Avenue North is necessary as a result of improvements to T.H. 100 by the Minnesota Department of Transportation; and WHEREAS, said France Avenue relocation requires the acquisition of certain properties for roadway easements; and WHEREAS, the City Council on December 10, 2001 approved a resolution authorizing condemnation proceedings for said France Avenue relocation; and WHEREAS, the City Council on February 25, 2002 approved a resolution approving plans and specifications and authorizing an advertisement for bids for Project No. 2002 -04, France Avenue Relocation; and WHEREAS, the City Council on April 22, 2002 approved a resolution Authorizing Execution • of a Project Cooperation Agreement with MnDot, providing for reimbursement to the City from MnDot for said property acquisitions related to the relocation of France Avenue. WHEREAS, the City Council on July 22, 2002 awarded a contract providing for the construction of Project 2002 -04, France Avenue Relocation; and WHEREAS, City staff and the City Attorney have negotiated a condemnation settlement agreement with property owners to obtain roadway easements and allow said relocation of France Avenue to be completed; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City Manager is authorized and hereby directed to execute the Project Condemnation and Settlement Agreement. 2. The Project Cooperation Agreement is subject to the review of the City Attorney. Date Mayor • ATTEST: City Clerk • RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Case Type: Condemnation STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Brooklyn Center, a municipal Court File No. CD -2663 corporation under Minnesota Law, Petitioner, vs. CONDEMNATION SETTLEMENT AGREEMENT Xcel Energy, Inc. et al Respondents THIS EASEMENT AND RELOCATION SETTLEMENT AGREEMENT ("Agreement") is made as of August 2002, by and between Twin Lakes Business Park LLC, Twin Lakes II LLC and Twin Lakes III LLC, Minnesota limited liability companies (collectively "Twin Lakes ") and Joslyn Manufacturing Company, LLC, a Delaware limited liability company ( "Joslyn ") (hereinafter referred to collectively as "Respondents ") and the City of Brooklyn Center, a municipal corporation organized under the laws of the State of Minnesota located in Hennepin County, Minnesota (hereinafter referred to as "Petitioner" or "City "). WHEREAS, The City of Brooklyn Center has undertaken Improvement Project No. 2002-04, which involves the construction of the France Avenue Connection; and WHEREAS, In order to construct the improvements contemplated by Improvement Project No. 2002 -04, the City requires permanent and temporary easements over portions of certain real e located state along the France Avenue Connection; and WHEREAS, The City Council adopted Resolution No. 2001 -193 entitled RESOLUTION A UTHORIZING CONDEMNATION PROCEEDINGS FOR THE FRANCE AVENUE CONNECTION, IMPROVF.MENTPRO.IECTNO. 2002 -04, on December 10, 2001; and WHEREAS, The City Council, in Resolution No. 2001 -193 authorized the commencement of condemnation proceedings in accordance with Minn. State. Sec. 117 -042 in order to acquire title and possession of the required real estate interests; and Page 1 of 22 A LL_ WHEREAS, The City Council, in Resolution No. 2002 -193 also authorized and directed the City staff and City Attorney to negotiate with the affected property owners for the purchase of the required easements, subject to final approval by the City Council; and WHEREAS, The Respondents are owners of interests in certain real property located within the City of Brooklyn Center required by the City for portions of the France Avenue Connection, Project No. 2002 -04; and WHEREAS, Respondents have undertaken and completed, under the supervision and approval of the Minnesota Pollution Control Agency, a plan of environmental remediation and have also undertaken as a part of that MPCA approved plan the ongoing operation and maintenance of any remediation systems; and i WHEREAS, The City wishes to secure the environmental knowledge and experience of Respondents in the preparation of the properties to be acquired for the construction of trailways and roadways, including the management of soils and abandonment of wells, and WHEREAS, The City also wishes to secure the knowledge and experience of Respondents to assure compliance with environmental rules, regulations, agreements, orders and approvals, g , pP , including the MPCA and U.S. EPA approval of delisting of the former Joslyn Manufacturing & Supply Co. Superfund site; and WHEREAS, On May 3, 2002, the above - entitled Court entered its Findings of Fact, Conclusions of Law and Order granting the City's petition to acquire permanent and temporary easements for roadway improvements for Project No. 2002 -4, pursuant to City Council Resolution No. 2001 -103; and � i WHEREAS, The Court also ordered the City and Respondents to actively cooperate in pursuit of settlement of this litigation at all times; and WHEREAS, Pursuant to the Order of the above - entitled Court, the City and Respondents have arrived at an amicable settlement of the matters at issue in the above condemnation proceeding which resolution is set forth in detail in this Settlement Agreement; and WHEREAS, The City and Respondents have agreed that upon execution of this Settlement Agreement, the City, as Petitioner, will dismiss with re'udice the Petition in the above - entitled P J proceedings with each party bearing its own costs. NOW THEREFORE, In consideration of the mutual covenants and undertakings contained herein, and in consideration of the dismissal with prejudice of the above - entitled condemnation proceeding; the parties agree as follows: 1. Sale and Purchase of Temporary and Permanent Easements. Respondents agree to sell and City agrees to purchase on the terms and conditions set forth herein, temporary and permanent easements affecting certain real property located within Page 2 of 22 the City of Brooklyn Center, Hennepin County, Minnesota as described on Exhibit A (hereinafter referred to as "Parcel 1") and Exhibit B (hereinafter referred ' to as "Parcel 2 ") attached to this Purchase Agreement (hereinafter referred to as the "Easements "). 2. Purchase Price. City agrees to pay to Respondents as the purchase price (the "Purchase Price ") for the Easements the following amounts a. Parcel $44,290; Tt` b. Parcel 2 $62,452, and C. Environmental Compliance Cost as defined in Paragraph 7, below. City agrees to pay the Purchase Price in cash or immediately available funds at Closing. Respondents agree to allocate the Purchase Price between themselves. 3. Easement Terms and Conditions. Respondents agree to grant to City temporary and permanent easements substantially in accord with the Azelia Street Easement Agreements attached hereto as Exhibits C (for Parcel 1) and Exhibit D (for Parcel 2) with respect to the real property described in the legal descriptions attached as Exhibits A and B. 4. Representations and Warranties of Citv. City represents and warrants to Respondents that City is a municipal corporation, validly existing under the laws of the State of Minnesota all documents executed by City which are to be delivered to Respondents at Closing are or at the Closing will be duly authorized, executed and delivered by City, and are, or at the Closing will be legal, valid and binding obligations of City, and do not and at the Closing will not violate any provisions of the City's organizational documents, ordinances or of any agreements to which the City is a party or of Minnesota law. 5. Documents to be Delivered by Respondents. Twin Lakes (and Joslyn where indicated) will deliver to City the documents described below ( "Respondents Documents) at the time and in the manner indicated below: a. Certificate of Completion for Lot 1, Block 1, Joslyn Addition, City of Brooklyn Center, Hennepin County, dated May 19, 2000, delivered within 10 days of the execution of this Agreement; b. Certificate of Completion for Lot 2, Block 1, Joslyn Addition and for Lot 1, Block 1, Joslyn Second Addition, Brooklyn Center, Hennepin County, dated April 9, 2002, delivered within 10 days of the execution of this Agreement; Page 3 of 22 _f C. Voluntary Response Action Plan and Site Documents listed on _~ Exhibit E attached hereto ( "Respondents Environmental Documents "), if requested by City, delivered within 10 days of such written request-, `y d. Azelia Street Easement Agreement for Lot 2, Block 1, Joslyn Addition, Brooklyn Center, Hennepin County ( "Parcel F), in substantially the form attached as Exhibit C hereto, delivered at Closing (Joslyn will be a party to this Agreement), e. Azelia Street Easement Agreement for Lot 1 and 2, Block 1, Joslyn Second Addition, Brooklyn Center, Hennepin County ( "Parcel 2 "), in substantially the form attached as Exhibit D hereto, delivered at Closing; and f. A letter from the Minnesota Pollution Control Agency approving the Environmental Compliance Work required under Paragraph 7 of this Agreement as consistent with the Developers Voluntary Response Action Plan and the Declarations of Restrictions and Covenants recorded in the Office of the Hennepin County Registrar of Titles as Documents Nos. 3280601 and 3208602, delivered at Closing. 6. Additional Representations and Warranties of Resp_ ondents. Twin Lakes and Joslyn each individually represent and warrant, as applicable, to City as follows: a. They are limited liability companies, duly organized, validly existing and in good standing under the laws of Minnesota or Delaware; all documents executed by each of Respondents which are to be delivered to City at Closing are or at the Closing will be duly authorized, executed and delivered by the applicable Respondents, are, or at the Closing will be legal, valid and binding obligations of the applicable Respondents, and do not and at the Closing will not violate any provisions of any agreements to which the individual Respondents are parties or to which the individual Respondents are subject. On the Closing Date, the Respondents will be the owners of their respective fee or leasehold interests in Parcels 1 and 2. b. Except as disclosed in Respondents Environmental Documents, neither Twin Lakes nor Joslyn, each speaking as to their own respective knowledge only, is aware of any wells, either in use, not in use, or sealed, located on Parcels 1 or 2. C. Except as disclosed in Respondents Environmental Documents, neither Twin Lakes nor Joslyn, each speaking as to their own Page 4 of 22 respective knowledge only, is aware of any ex gr t a d tanks or septc systems located on Parcels 1 and 2 a p in Respondents Environmental Documents, neither Respondent is aware of any above ground tanks or septic systems formerly located on Parcel 1 or 2 which have been removed. d. Except as disclosed in Respondents Environmental Documents, neither Twin Lakes nor Joslyn, each speaking as to their own respective knowledge only, is aware that, any other owner or occupant (except for Joslyn's corporate predecessors) has generated, treated, released or disposed of, or otherwise placed, deposited in or located on Parcels 1 or 2 any toxic or hazardous substances or wastes, pollutants or contaminants as defined in the Comprehensive Environmental Response, Compensation 9657a its amended L iability Act of 1980, 42 U.S.C. Section Minnesota Statutes Chapter 115B, or any other federal, state or local laws relating to any such substances, wastes, pollutants or contaminants (collectively referred to herein as "Hazardous Substances "). To each of the Respondents' own respective knowledge, the Respondents Environmental Documents fairly and accurately describe the nature and extent of any Hazardous Substances and the investigation and remediation thereof on Parcels 1 and 2. 7. Environmental Compliance Work. Twin Lakes will undertake certain environmental work as required by the Minnesota Pollution Control Agency to maintain the permanent cover and the groundwater control, treatment and monitoring systems (the "Environmental Compliance Work ") as follows: a. Excavation and re- compaction of restricted use soils within the future Azelia Avenue right -of -way or beneath three feet of cover; b. Design and construction of modifications to the existing groundwater pump -out and monitoring system necessary to accommodate the proposed roadway including: abandonment and sealing and reconstruction of pumping well U4 and monitoring well 300SP, extension of conveyance piping and electrical wiring, and development of well screens; C. Stabilization of borehole cuttings and placement of cuttings beneath the future Azelia Avenue pavements and sub -base soils a minimum of 3 -feet below final grades; d. Modification of the existing City of Brooklyn Center water main to include the relocation of one fire hydrant and the abandonment of one 8 -inch gate valve, all in accordance with City Public Works Page 5 of 22 Y requirements - , 1 e. Modify existing below grade Site utilities in the roadway } alignment including lawn irrigation piping and valve boxes and design and construction of storm water collection and conveyance system components consistent with the existing site storm water system, and f Plan, execute and finalize the Environment rin °ota lPollutionork in accordance with the requirements of the Minnesota Control Agency (MPCA) Voluntary Investigation &Cleanup (VIC) program approved Response Action Plan (RAP). The cost of the Environmental Compliance Work shall not exceed the estimated 1 cost of performing the Work described in Subparagraphs (a) through (f) above, plus a ten percent 10% administrative fee, provided that the E i.e., $252,310.00, p p ( ) �i administrative fee shall not apply to the well relocation costs. The cost of performing the Environmental Compliance Work is based upon the information j contained in Exhibit E — Respondent's Environmental Documents. Twin Lakes shall be entitled to an "extra" to the costs of completing the Environmental Compliance Work in the event that soil conditions vary from those reasonable inferable from the information contained in Exhibit E — Respondent's Environmental Documents. Twin Lakes agrees to perform the Environmental Compliance Work on an "open book" basis. Twin Lakes will secure competitive bids for the Environmental Compliance Work and the work will be contracted with the lowest qualified bidder meeting the requirements of the project manual. Twin Lakes will provide the supervision of the bid documents as well as the supervision and project management of the Environmental Compliance work for an administrative fee of 10 %. Upon completion of the work by the contractor and acceptance by Twin Lakes, Twin Lakes shall be reimbursed for the Environmental Compliance Cost as provided in paragraph 2(c) above. The Environmental Compliance Work shall be consistent with the requirements of the Developers Response Action Plan, the applicable Declarations of Restrictions and Covenants and the Minnesota Pollution Control Agency letter of April 9, 2002 approving the Response Action Plan for Road Construction at the Former Joslyn Site, prepared by Geomatrix Consultants, dated revised, March 5, 2002 and the Agency letter of April 19, 2002 providing a determination of "No Association" for the Work. 8. Access During Roadway Construction and Permanent Access. During the site work in preparation re aration and construction of the p roposed osed Azelia Avenue roadway, Twin Lakes and City shall continuously provide ingress and egress for the Page 6 of 22 tenants, suppliers, customers, vendors of the Twin Lakes II building at 4830Azelia Avenue North, particularly ingress to and egress from the Northerly parking and storage lot of MTI directly off of Azelia. Following completion of the construction of the Azelia Avenue extension, permanent access directly from the Azelia Avenue roadway will be provided for ingress to and egress from Lot 2, Block 1, Joslyn Addition, Brooklyn Center, Hennepin County (Parcel 1) and for ingress to and egress from Lot 1, Block 1, Joslyn Second Addition (Parcel 2) and such access shall be provided through curb cuts located as shown on Exhibit F. 9. Additional Covenants and Consideration — L_ of 1. Block 1. Dale and Davies Second Addition - Northwest Athletic Club Parkinv. I a. City anticipates receiving from the MNDOT a limited warranty deed for the remainder of Lot 1, Block 1, Dale and Davies Second Addition, Brooklyn Center, Hennepin County, which is not permanently utilized in the improvement of State Highway No. 100. This parcel, lying immediately east of Northwest Athletic Club's France Avenue facility is undevelopable except as a potential parking area for the immediately adjacent facility. The ! City covenants and agrees, upon receipt of such conveyance, in order to improve the proof of parking for the Northwest Athletic Club, to allow employee, member and customer parking on said remainder for the Northwest Athletic Club facility, provided that Northwest Athletic Club releases its restrictive parking covenant on Lot 1, Block 1, Joslyn Second Addition. b. Twin Lakes, in consideration of the covenants and agreements of the City herein including the covenant regarding Lot 1, Block 1, Dale And Davies Second Addition in subparagraph 9(a) above, agrees to convey the sidewalk and trail easements for Lots 1 and 2, Block 1, Joslyn Second Addition described on Exhibit G to this i Agreement and the access casement to that port of Lot 2, Block 1, Joslyn Second Addition described on Exhibit G to this Agreement. 10. Closing. The Closing shall take place on August 27, 2002, or such other date, as the Parties shall agree upon. At the Closing, Respondents shall execute, where appropriate and deliver the Easements. City shall deliver in cash or immediately available funds the Purchase Price. Respondents and City shall execute and deliver such other and additional instruments and documents as are necessary to vest the temporary and permanent easements in City and to facilitate the performance of the obligations of City or Respondents under this Agreement, including the obligations set forth in Paragraphs 7, 8 and 9 above. 11. Notices. All notices to be given in connection with this Agreement shall be in writing and delivered personally, sent by facsimile or sent by a nationally I i Page 7 of 22 I '� i J recognized overnight courier service or registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to City: Michael McCauley City Manager 6301 Shingle Creek Parkway Brooklyn Center, NIN 55430 -2199 Phone: 763 -569 -3400 Fax: 763 -569 -3434 i If to Twin Lakes: Paul M. Hyde CEO Twin Lakes Business Park LLC E Twin Lakes II LLC I Twin Lakes III LLC 333 South Seventh Street, Suite 3060 Minneapolis, MN 55402 Phone: 612- 904 -1513 Fax 612- 904 -1590 If to Joslyn: Carl S. Grabinski Vice President and Counsel Joslyn Manufacturing Company, LLC 9200 West Fullerton Avenue Franklin Park. 1L 60131 Phone: 773 - 625 -1500, Ext. 7404 Fax: 847 -451 -0591 12. Default Should Respondents default in the performance of their obligations hereunder, City shall have and may pursue all rights and remedies available to it hereunder, at law or in equity, or otherwise. Similarly, should City default in the performance of its obligations hereunder, each of the Respondents individually shall have and may pursue all rights and remedies available to them hereunder, at law or in equity, or otherwise. 13. Complete Agreement. This is a final Agreement between the parties and contains their entire agreement and supersedes all previous understandings and agreements, oral or written, relative to the subject matter of this Agreement. This Agreement may be amended only in a writing signed by the party(ies) to be charged. 14. Time is of the Essence. Time is of the essence in the performance of this Agreement. Page 8 of 22 i 7 15. Controllinz Law. This Agreement has been made and entered into under the laws of the State of Minnesota, and said laws shall control the interpretation hereof. 16. Assignment. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 17. Survive Closing. All of the covenants, warranties and provisions contained in this Agreement shall survive and be enforceable after Closing of the transaction contemplated by this Agreement. 18. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. a ' 19. Attornevs Fees. In the event of any action brought by either party y to enforce this Agreement whether prior to or after Closing, the prevailing party in such action shall be entitled to recover its costs and reasonable attorneys fees. Page 9 of 22 IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. RESPONDENTS TWIN LAKES BUSINESS PARK, LLC By: Its: TWIN LAKES II, LLC By: Its: TWIN LAKES III, LLC By: Its: JOSLYN MANUFACTURING COMPANY, LLC By: Its: CITY CITY OF BROOKLYN CENTER By: Its: And By: Its: Page 10 of 22 EXHIBIT A (Legal Description and Drawing of Easement over Parcel 1) PERMANENT EASEMENT A perpetual, non - exclusive casement for street and utility purposes over, under, across and through that part of Lot 2, Block 1, Joslyn Addition, Hennepin County, Minnesota, which lies within a 66.00 foot wide strip of land being 33.00 feet wide on either side of the following described center line: Commencing at the southeast corner of said Government Lot 2, Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota; thence North 88 degrees 45 minutes 17 seconds West, assumed bearing, along the south line of said Government Lot 2 and also being the south line of the plat of JOSLYN ADDITION, according to the recorded plat thereof, a distance of 1176.66 feet to a point of intersection with a line being 9.00 feet easterly of, as measured at right angles to and parallel with the centerline of Azelia Avenue North and the northerly extension thereof, as shown on said plat of JOSLYN ADDITION; thence North 0 degrees 34 minutes 44 seconds West along said parallel line a distance of 260.76 feet to the point of beginning of the center line to be described; thence continuing along said parallel line North 0 degrees 34 minutes 44 West, a distance of 88.73 feet; thence northeasterly 496.88 feet along the arc of a tangential curve concave to the southeast having a central angle of 91 degrees 50 minutes 07 seconds and a radius of 3 10. 00 feet; thence South 88 degrees 44 minutes 37 seconds East, a distance of 856.58 feet to the east line of said Government Lot 2, and said centerline there terminating; thence South 0 degrees 34 minutes 44 seconds East, along said east line, a distance of 669.35 feet to the point of commencement. TEMPORARY EASEMENT A temporary easement for construction purposes over, under, across and through that part of Lot 2, Block 1, Joslyn Addition, Hennepin County, Minnesota lying between lines being distant 33.00 feet westerly and 38.00 feet westerly, as measured at right angles to, and parallel with the center line described above in this Exhibit A. Said temporary easement expires automatically on December 31, 2002. Page 11 of 22 ao o ao so \ \ scole zp feet 1 I P.I.N. 10 118 -21 -24 -0032 1 G J I , XC XC-- - ---x: 3 3 1 1 I I I I 1 I 1 I f 1 1 .J I 1 1 I f , ! I LEGEND; el ® — PERMANENT EASEMENT AREA 9,085.60 SQ. FT. "ARE` 9 - ft-2a �. FILE No. AZELIA AVE. N. /50th AVE. N. BROCT0102.00 DATE: EASEMENT EXHIBIT EXHIBIT 09/14/01 BROOKLYN CENTER, MINNESOTA NO. I EXHIBIT B (Legal Descriptions and Drawing of Easement over Parcel 2) PERMANENT EASEMENT A perpetual, non - exclusive easement for street and utility purposes over, under, across and through that part of Lot 1, Block 1, Joslyn Second Addition, Hennepin County, Minnesota, which lies within a 66.00 foot wide strip of land being 33.00 feet wide on either side of the following described center line: Commencing at the southeast corner of said Government Lot 2, Section 10, Townshipl 18 North, Range 21 West, Hennepin County, Minnesota, thence North 88 degrees 45 Minutes 17 Seconds West, assumed bearing, along the south line of said Government Lot 2 and also being the south line of the plat of JOSLYN ADDITION, according to the recorded plat thereof, a distance of 1176.66 feet to a point of intersection with a line n being 9.00 feet easterly of, as measured at right angles to and p arallel with the centerline of Azelia Avenue North and the northerly extgension thereof, as shown on said p lat of JOSLYN ADDITION, thence North 0 degrees 34 minutes 44 seconds West along said parallel line a distance of 260.76 feet to the oint of beginning of the center line to be described; p g g thence continuing along said parallel line North 0 degrees 34 minutes 44 seconds West a distance of 88.73 feet; thence northeasterly 496.88 feet along the arc of a tangential curve concave to the southeast having a central angle of 91 degrees 50 minutes 07 seconds and a radius of 310 feet; thence South 88 degrees rr minutes 37 seconds East, a distance of 856.58 feet to the east line of said Government Lot 2 and said centerline there terminating thence South 0 degrees 34 minutes 44 seconds East, in of along aid east line a distance of 669.35 feet to the t g point commencement. The side lines of said 66.00 foot wide stri p to begin on a line drawn perpendicular to the above described center line from the point of beginning thereof, and prolonged orshortened to end on the northerly line of the above described parcel. TEMPORARY EASEMENT A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 1, Joslyn Second Addition, Hennepin County, Minnesota lying between lines being distant 33.00 feet westerly and 53.00 feet westerly, as measured at right angles to, a nd parallel with the center line described in Exhibit A. And lying between lines being distant 33.00 p Y g g feet easterly, and 53.00 feet easterly, as measured at right angles to, and parallel with the centerline described in Exhibit A, lying northerly of a line drawn perpendicular to said center line through the point of beginning of said center line. And that part of the above described Page 12 of 22 parcel lying within the following described area: Beginning at the point of beginning of the above described center line: thence easterly perpendicular to the above described center line a distance of 53.00 feet; thence southerly perpendicular to the last described line a distance of 125 feet; thence southerly perpendicular to the last described line to the point of intersection with a line drawn 80.00 feet southerly of, as measured at right angles to, and parallel with said south line of the plat of JOSLYN ADDITION; thence westerly along said parallel line to a point of intersection with the southerly extension of said above described center line thence northerly along said southerly extension of the above described center line to the point of beginning. Except road rights -of -way, and sidewalk and trail easements of record. Said temporary easement expires automatically on December 31, 2002 I I Page 13 of 22 - cA x 7 50 0 50 100 scale 25 feet 1 � C op a \ E J z �. - " -..- " 1 J�- P.I.N. 10 115 -21 -24 -6034 O f r c\j � � LEGEND: o � r PERMANENT EASEMENT AREA f 10,694.18 SQ. FT. tv i l X --• O n - 1 . 1 I I t 24" 5 / ti L CL J�1`'.^ .... �i< I Vi a e 30 1. -- L w �,V � 0 � � � e • 0 0 _ XC Xc— m ,_ FILE NO . AZELIA AVE. N. /50th AVE. N. BROCT0102.00 EASEMENT EXHIBIT EXHIBIT i DATE : NO. 1 09/1 4/01 BROOKLYN CENTER, MINNESOTA EXHIBIT C (Easement Agreement for Parcel 1 -- with Joslyn) I Page 14 of 22 4 EXHIBIT D (Easement Agreement for Parcel 2 -- without Joslyn) s I i I i 3 I i I i i i Page 15 of 22 1' EXHIBIT E (List of Respondents Environmental Documents) Re2yulatory Documents and Correspondence No. Date Subiect/Descrintion 1. May 30, 1985 Response Order By Consent issued by MPCA In the Matter of Joslyn Mfg. & supply Co., Brooklyn Center, Minnesota Under Sections 17 and 18 of the Minnesota Environmental Response and Liability Act 2. July 31, 1989 Record of Decision and Declaration of Selected Remedy issued by MPCA 3. INTENTIONALY OMITTED 4. June 20, 1995 Copy of MPCA Enforcement Deferral Pilot Project Memorandum of Agreement 5. January 17, 1996 Letter from MPCA and Enclosed December 28, 1995 CERCLA Five Year Review Report 6. September 2, Letter from Carl Grabinski, Joslyn, to Jeff Hall, RER, regarding Joslyn Site 1997 g g � History and related ry documents and attached list of documents related to the Site. 7. April 22, 1998 Letter from MPCA to RER, acknowledging RER's submission of a Voluntary Investigation and Cleanup Program application to facilitate proposed redevelopment of the Site 8 November 2, Letter from MPCA to RER approving Draft Pre - Development Sampling and 1998 Analysis Plan dated October 23, 1998, prepared by Earth Tech, Inc. 9. January 27, 1999 Letter from Earth Tech, Inc. to RER regarding completion of Phase I environmental assessment for the Davies Water Equipment Company property (southern half of Lot 1, Block 1, Joslyn Second Addition) 10. March 4, 1999 Letter from Joslyn and RER to MPCA submitting fmal Site Closure Plan for the Joslyn Site 11. March 19, 1999 Letter from Earth Tech, Inc. submitting Developers RAP Addendum Phase 11 12. March 25, 1999 Letter from MPCA to Joslyn memorializing agreements regarding Site activities and approving Joslyn Site Closure Plan 13. March 25, 1999 Letter from RER to MPCA requesting a No Association Determination '! 14. March 29, 1999 Letter from Joslyn to MPCA regarding satisfaction of tasks outlined by MPCA letter of May 19, 1998 15, April 6, 1999 Letter from Joslyn to MPCA concurring with RER's proposed modification of groundwater recovery and monitoring well system 16. April 30, 1999 Letter from MPCA approving response action plan addenda Page 16 of 22 i 17. May 3, 1999 MPCA Memorandum proposing partial delisting of the Joslyn Site a 18. May 17, 1999 Notice by MPCA regarding delisting of the Joslyn Site 19. June 2, 1999 Letter from MPCA to Joslyn clarifying MPCA position on certain issues 20. June 10, 1999 Letter from RER to MPCA regarding Developers Response Action Plan 21. June 14, 1999 Letter from Joslyn to MPCA regarding MPCA Delisting Memorandum 22. June 23, 1999 Developers Voluntary Response Action Agreement with MPCA 23. July 8, 1999 Letter from MPCA approving waiver of notice of conveyance E 24. July 9, 1999 MPCA Memorandum acknowledging completion of delisting notice period j I 25. July 15, 1999 Letter from Geomatrix to MPCA regarding Pre - Development Sampling and Analysis Plan Addendum 26. July 22, 1999 Letter from U.S. EPA approving Five —Year Review Report dated July 15, 1999 for the Joslyn Site 27. August 9, 1999 Letter from MPCA enclosing Five -Year Review Report 28, INTENTIONALLY OMITTED 29. September 16, Letter from RER to MPCA regarding Stormwater Management Plan for the 1999 Site 30. February 18, 2000 Letter from MPCA approving RAP Addendum No. 4 31. May 12, 2000 Memorandum from MPCA regarding partial delisting of Site 32. May 18, 2 000 Declaration 1 ration of Restrictions and Covenants for Lot 3, Block 1, Joslyn Addition ed as Lot 1 Block 1 Joslyn Second Addition) (including roe later re Y ( g p P rtY latt p 33. Junel, 2000 Memorandum from MPCA Commissioner regarding partial delisting of Site 34. June 8, 2000 Memorandum from Geomatrix to MPCA regarding observation of debris in soil during soil correction activities 35. June 12, 2000 Letter from MPCA to U.S. EPA concurring with U.S. EPA decision to delist the Site 36. July 10, 2000 Letter from MPCA to Joslyn enclosing partial delisting memorandum 37. August 15, 2000 Letter from Twin Lakes I1 to MPCA regarding supplemental proposed actions at the Site 38. August 21, 2000 Letter from Twin Lakes 11 to MPCA regarding RAP implementation on Lot 3, Block 1, Joslyn Addition (including property later replatted as Lot 1, Block 1, Joslyn Second Addition) 39. August 23, 2000 Letter from Geomatrix regarding approval of RAP implementation 1 J Page 17 of 22 r 40. August 24, 2000 Letter from Twin Lakes II regarding consistency of civil plans with MPCA approved RAP 41. September 1, Letter from MPCA approving site preparation and civil plans for RAP 2000 Addendum No. 4 42. September 1, Letter from MPCA providing No Association Determination 2000 43. September 6, Letter from U.S. EPA regarding delisting of the Site 2000 44. INTENTIONALLY OMITTED 45, November 15, Letter from MPCA approving Phase H Stormwater Pond Construction 2000 Workplan 46. November 15, Letter from MPCA approving RAP Addendum No. 5 2000 47. December 20, Amended No Association Determination for RAP Addendum No. 4 actions 2000 48. July 12, 2001 Letter from MPCA providing amended No Association Determination for RAP Addendum No. 4 49. January 21, 2002 Letter from Joslyn acknowledging that Response Action Plan for Road Construction is consistent with Consent Order and Declaration of Restrictions and Covenants 50. January 21, 2002 Letter from Joslyn acknowledging that completion of Developers Response Action Plan for second phase of redevelopment of Site is consistent with Consent Order and Declaration of Restrictions and Covenants 51. February 2, 2002 Letter from Twin Lakes II to MPCA requesting Certificate of Completion for Phase lI of the Joslyn Site RAP 52. February 19, 2002 Notices of CERCLA delisting procedures 53. April 3, 2002 MPCA letter approving Response Action Plan Implementation Report Joslyn Site, Building II 54. April 8, 2002 Letter from MPCA enclosing Certificate of Completion for Joslyn Building II Site 55. April 9, 2002 MPCA Certificate of Completion for Phase II of the Joslyn Site redevelopment of Lot 1, Block 1, Joslyn Second Addition 56. April 9, 2002 Letter from MPCA approving Response Action Plan for Road Construction at Azalea Avenue Plans and Reports by Twin Lakes H or Real Estate Reeveling, LLC Consultants i Page 18 of 22 I i G 57. October 16, Draft Pre- Development Sampling and Analysis Plan by Earth Tech, Inc. 1998 58. October 22, 1998 Limited Phase I Environmental Site Assessment, Davies Water Equipment Company, Northwest Health Club Parking Lot and Dale Tile Co. 59. October 30, 1998 Joslyn Site East Area, Developers Response Action Plan by Earth Tech, Inc. 60. November 23, Letter from Earth Tech, Inc. regarding Pre- Development Sampling and 1998 Analysis Plan 61. February 23, Release Sampling Results, Former Joslyn Site, Technical Memorandum No. 1 1999 by Earth Tech, Inc. 62. March 19, 1999 Joslyn Site Phase Il, Developers Response Action Plan Addendum 63. April 21, 1999 Developers Response Action Plan, Addendum No. 2, Joslyn Site Phase II s 64. July 15, 1999 Pre - Development Sampling and Analysis Plan Addendum, Joslyn Site, East Area Development, by Geomatrix 65. January 14, 2000 Developers Response Action Plan Addendum No. 4 and Work Plan for i Implementation Joslyn Site — Lots 2 and 3, by Geomatrix 66. June 8, 2000 Supplemental Geotechnical Investigation, by Braun 67. August 7, 2000 Phase I Environmental Site Assessment Lot 3 — Joslyn Manufacturing Company, Northwest Athletic Club Parking Lot and Dale Tile Co., by Geomatrix 68. August 30, 2000 Supplemental Fence Management Plan, Joslyn Site, by Geomatrix 69. September 1, Site Health and Safety Plan (Revision), by Geomatrix 2000 70. October 25, 2000 Phase 11 Stormwater Pond Construction Workplan, by Geomatrix 71. October 31, 2000 Developers Response Action Addendum No. 5, by Geomatrix 72. May 4, 2001 Azalea Avenue Extension Soil Correction Report, by Geomatrix 73. January 17, 2002 Response Action Implementation Report, Joslyn Site — Building 11, by Geomatrix Plans and Reports of Barr Enp-ineerin2 Com:)anv (Joslvn's Consultant), 74. November 1993 Response Action Final Report, Part I (Excavation) and 1992 Annual Report, Operable Unit 4 dated November 1993 75. February, 1995 Annual Operations and Monitoring Report, Operable Units 1, 2 and 3 76. April, 1995 Annual Operations and Monitoring Report, Operable Unit 4 Page 19 of 22 j ii 77. March, 1998 Annual Operations and Monitoring Report, Operable Unit 4 78. May 19, 1998 Letter from Barr Engineering Company to RER regarding 1997 Annual Operations and Monitoring Report 79. May, 1998 Annual Operations and Monitoring Report, Operable Unites 1,2 and 3 80. September, 1999 Annual Operations and Monitoring Report, Operable Unit 4 i 81. October 29, 1999 Letter from Barr Engineering Company to MPCA regarding 1998 Annual Operations and Monitoring Report 82. October 1999 Annual Operations and Monitoring Report, Operable Unites 1,2, and 3 P g P P i Page 20 of 22 EXHIBIT F Y (Drawing Locating Permanent Access Points) i I _ Page 21 of 22 f c 10O N RT RT T + - o: 1 B" STORM SEWER f ° t z +7 . - CA'K`BR • I x ' ` a BY RERS �: � 4807 `�- - _ # 11 \ ` sir F d s� J i {ter' 3 a- *a _ .. e°=" \ DRAINAGE EASEIAEN7t i st ---•. ,. ';., °— a. E s �f l c�,t i : ` ; } .t ' 6��.. - `tc'± ., n - f' GC wi t , E'TE APRON —s-rr V} — •. _ — — — — _ — _ ' r i Y Z 1 1 1 t { �— ._ '-'Q �+ Ei `� � k;��' ii i � = r"� Y -_ �"c -_ -� --' � K ' %� "i-•ti.., w , • t t , f MED IAN y y is tk ' ; * t TEMP EASEME i t SEE CONTOUR PLA N PROPOSED CONSTRUCTION °' iu,; i f FOR POND CONSTRUCCTION BY OTHERS T+ ":a' . :1 i r 1� ! _0 r >� ! + _ 1 11117 41 Ld r; STA BO +21.41 - ?Oth J(�VE N 'i: ; , ii f I ✓ • ' _ ' STA 312 +15.02 C. P.: R:R. (( L♦1 i ..1 �i ST A 70 +0 Lu ST 27+ A X71' W a7 :: f BENCHMARK EL. 865.39 TOP NUT HYD SW COR LAKEBREEZE 6 AZELIA 1 at irlf� f it NOTE: \ r ( 7 BENCHMARK EL. 866.05 1 CONSTRUCT CONCRETE P• 50 TOP NUT HYD NORTH O W/ 8' WIDTH BETWEEN I END AZELIA AVE. OF TAPERS. acde 25 feet N.. . O . .................. \ .........: ...... ...:.. :. ::::. ..................:...................:............ ....... :. :........:.:. :..:. :.:. . . 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' .....:.................. .:............................ ... .�: ... 0 m . ..................m:..... .xl. ........ ............ .... ... :::::...- :: :..:..........:........_:..; :.:..... .... ........ 890::::::: i t0:........�.........�: ........sD:s? .......:......... :.........:.................... ...... V- ....... ......... ..:.................. ..... ..... ... ...... .......... ......... ... ....... ......... .... ... ..... . .. ....... .........:............ ...:.., .. ... ... ....... ... ... .. .. ........:.........:. ..................�......... ... . .:......... ................... ......... i .... ...... ....... .... ... ... .... m ...... . .... ..... .:r... .. .. ...... .. ... .. ... .. :::::::::::::: .::::::::::::_:::::::::........::.::....:::....::::..:::::: .....................:::::::::: `a DESIGN TEAA1 f STREET & STORM SEWER I FIDE t30. 6 DRAWN 8Y: DESIGNER: I EXHIBIT G (MnDOT Requested Sidewalk and Trail Easements and A s I emit of Acc Ea e ment) Limits of Sidewalk and Trail Easements; Drawing Showing I i �I =' Page 22 of 22 June 27, 2002 2755211 A.XXX CITY OF BROOKLYN CENTER Parcel 211A S.P. 2755 -75 All right of access, being the right of ingress to and egress from Tract A described below to Trunk Highway No. 100 and to Lakebreeze Avenue North: Tract A. Lot 1, Block 1, DALE AND DAVIES 3` ADDITION, replatted as *a portion of -Lot 2, Block 1, JOSLYN SECOND ADDITION, according to the plats thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; extending along Line 1 described below: Line 1. Beginning at Point "A" as set forth in Line 4 described below; thence southeasterly and northeasterly along said Line 4 to a point distant 89.96 feet southwesterly of its point of termination and there terminating; also a right to use the following described strips for sidewalk and trail purposes, which right shall cease on December 1, 2007: A strip being that part of Tract A hereinbefore described, which lies easterly of Line 2 described below and southwesterly of a line run parallel with and distant 10.00 feet northeasterly of Line 3 described below and its northwesterly and southeasterly extensions: Line 2. Beginning at Point "A" as set forth in Line 4 described below; thence North 28 degrees 36 minutes 01 second East for 30.00 feet and there terminating; Line 3. Beginning at a point on Line 4 described below, distant 3.33 feet easterly of Point "A" as set forth therein; thence southeasterly along. said Line 4 for 99.56 feet and there terminating; Line 4. Beginning at the southwest corner of said JOSLYN SECOND ADDITION; thence South 88 degrees 45 minutes 17 seconds East along the southerly line thereof for 743.42 feet to a point hereinafter referred to as Point "A'; thence continue on the last described course for 3.33 feet; thence South 71 degrees 13 minutes 21 seconds East along the southerly line of said Lot 2, Block 1 for 99.56 feet; thence North 82 degrees 04 minutes 01 Continued (2) June 27, 2002 9 A.XXX I second East along said southerly lot line for 76.57 feet to a point hereinafter referred to as Point "B ";thence continue on the last described course for 41.40 feet; thence northeasterly along the southeasterly line of said Lot 2, Block 1 for 47.00 feet on a non - tangential curve, concave to the northwest, having a radius of 2639.93 feet, a delta angle of 05 degrees 34 minutes 37 seconds, a chord bearing North 39 degrees 21 minutes 44 seconds East and an arc length of 256.96 feet to a point hereinafter referred to as Point "C "; thence continue on the last described course for 131.42 feet to a P oint hereinafter referred to as Point "D thence continue on the last described course for 78.54 feet and there terminating; A strip being that part of Tract A hereinbefore described which lies southeasterly of a line run parallel with and distant 8.00 feet northwesterly of Line 5 described below and its northeasterly and southwesterly extensions: . i Line 5. Beginning at Point "B" as set forth in Line 4 described above; thence northeasterly to Point "C" as set forth therein and there terminating; excepting therefrom that part which lies within the sidewalk and trailway easement shown on said plat of JOSLYN SECOND ADDITION and recorded as Document No. 5437418 in the office of the County Recorder in and for said county; A strip being that part of Tract A hereinbefore described contained within the following described line: Beginning at Point "D" as set forth in Line 4 described above; thence southwesterly along said Line 4 for 11.42 feet; thence northerly to a point distant 10.0 0 ! feet northwesterly of said Point "D ", as measured along.a line . run at right angles from the tangent to Line 4 at said Point "D "; thence southeasterly to the point of beginning. 0 I April 19, 2002 i 2755211.XXX ! DESCRIPTION FOR SIDEWALK AND TRAIL EASEMENT CITY OF BROOKLYN CENTER Parcel 211 S.P. 2755 -75 That part of Tract A described below: Tract A. The southerly 300.00 feet of Lots 1 and 2, Block 1, JOSLYN SECOND ADDITION according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly and southerly of Line 1 described below: Line 1. Commencing at the southwest corner of said JOSLYN SECOND ADDITION; degrees 32 minutes 05 seconds West along thence North 00 g 9 the west line thereof for 130.00 feet to the point of beginning of Line 1 to be described; thence easterly at right angles to said west line for 12.00 feet; thence southerly to a point distant 31.00 feet easterly, measured at right angles, of a f said JOSLYN SECOND ADDITION t point on the west line o a , distant 26.00 feet northerly of the southwest corner thereof; thence southeasterly to a point ' distant 11.00 feet northerly, measured at right angles, of a point on the south line of said JOSLYN SECOND ADDITION, distant 53.00 feet easterly of the southwest corner thereof; thence easterly, parallel with said south line of JOSLYN SECOND ADDITION, to an intersection with a line run North 28 degrees 36 minutes 01 second East from a point on the south line of said JOSLYN SECOND ADDITION, distant 675.87 feet easterly of the southwest corner thereof; thence South 28 degrees 36 minutes 01 second „West to an intersection with said south line and there terminating; excepting therefrom that part which lies within the sidewalk and trail easements shown on said plat of JOSLYN SECOND ADDITION and recorded as Documents No. 5402735 and 7315767 in the office of the County Recorder in and for said county; also the right to use the following described strip for sidewalk and trail purposes, which right shall cease on December 1, 2007: i E 7 Parcel 211 - - Continued (2) April 19, 2002 l 2755211.XXX A strip being that part of Tract A hereinbefore described, adjoining and easterly and northerly of the above described strip, which lies westerly and southerly of the following described line: From the point of beginning of Line 1 described above, run easterly along said Line 1 for 12.00 eet t f o the oint of beginning of the line to be described; thence p 9 9 , continue on the last described course to a point distant 13.00 feet northeasterly, measured at right angles, of a point on said Line 1; thence southerly, parallel with said Line 1, to an intersection with a line run parallel with and distant 31.00 feet northerly of the southerly line of said JOSLYN SECOND ADDITION; thence easterly, parallel with said southerly line, to an intersection with a line run northerly at right angles from a point on said southerly line of JOSLYN SECOND ADDITION, distant 598.42 feet easterly of the southwest corner thereof; thence southerly at right angles for 14.00 feet; thence easterly, parallel with said southerly line, to an intersection with a line run North 28 degrees 36 minutes 01 second East from a point on the south line of said JOSLYN SECOND ADDITION, distant 743.42 feet easterly of the southwest corner thereof; thence South 28 degrees 36 minutes 01 ' second West to an intersection with said south line and there terminating; excepting therefrom that part which lies within the sidewalk and trail easement shown on said plat of JOSLYN SECOND ADDITION and recorded as Document No. 7315767 in the office of the County Recorder in and for said county; also excepting therefrom that part which lies within the lift station easement shown on said plat and recorded as Document No. 5402736 in the office of said County Recorder. d � r ET 115' Z3 T i r- - 4 � a - I C / f4 47 i 4748 I T C DAD 1>n F r� - o---- — — — — — — — SRS 7' .' I 12' 4010 m ,`r 4 ' _ z + 1 1' 91 � / °° r — — — -- y — — — — — — — — — — c . ' fl fl W T -7---7— R L_ S NO 1 E N I o/ / CASS MACHINE o fl Q I I /�. { \v x J fJ�T. Et— IN _SIREElI ;o 4 c 6 - -- BLOCK ' > ' " HEALTH CLUB �• 77 + v �I ,^y R L S f X10 - Ln a l 05 �� - i,% -- iii gip.,...._ .�Y \•\ a , r I-- E. INISTRE ET '�,, -------- - - - - -- \ �, '-� 4748 C DAD '>17O • City Council Agenda Item No. Ile • MEMORANDUM DATE: August 22, 2002 TO: Michael J. McCauley, City Manager FROM: Scott Brink, Consulting Engineer SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment for Improvement Project No. 2002 -15, 2002 Sealcoat On July 8, 2002, the City Council awarded a contract to Allied Blacktop Company in the amount of $59,912.00 to perform work for Improvement Project No. 2002 -15, 2002 Sealcoat. Allied Blacktop Company has completed the work in accordance with the specifications. The final contract amount of $60,255.38 (an increase of %2 %) is a result of the actual field quantities needed to complete the work. It is recommended to accept the work performed and authorize payment in the amount of $60,255.38. I • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 2002 -15, 2002 SEALCOAT WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Allied Blacktop Company has completed the following improvement in accordance with said contract: Improvement Project No. 2002 -15, Contract 2002 -E, 2002 Sealcoat NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $60,255.38. • 2. Projected costs and revenues are hereby amended as follows: As Bid Final COST Contract $59,912.00 $60,255.38 REVENUES Public Works Street Maintenance $59,912.00 $60,255.38 (General Fund) - Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i • City Council Agenda Item No. 11f oKLYN CEll BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Bechthold DATE: August 22, 2002 SUBJECT: Request for Ordinance Amendment, City Code Section 23 -1703 Massage Licensure Last spring, two Brooklyn Center business colleges, High Tech Institute and Globe College, submitted license applications to conduct an instructional program for massage therapy. Both are 600 -hour diploma programs that prepare students for national certification in massage therapy. The curriculum follows the requirements set forth under Minnesota State Statute 146A on Complimentary Alternative Medicine. As part of their curriculum, the schools are requesting an on -site practicum that will give students practical experience during lab times. In order to facilitate this lab experience, the school's request to have a massage clinic that would be open to the public and fees would be charged for a full body massage. In reviewing City Code, 23 -1703, both schools must submit application for licensure to operate a massage establishment. It appears that both schools will have no problem in fulfilling the required license requirements. However, City code requires that all masseurs or masseuses under the business license hold a current and valid massage certificate. This becomes problematic for the student who is unable to meet the criteria of having massage related education, certification or other practical qualifications. I have since spoken with Charlie Lefebvre, bvre, enter City Attorne regarding the Brooklyn y y, g g issue. Mr. Lefebvre has written an amendment to the ordinance that is attached. The amendment essentially waives certification to a student who is enrolled at a recognized school that holds a massage business license and that the student giving the massage is under direct supervision of the instructor who is a certificate holder. The amendment to the Ordinance is being forwarded to the City Council for first reading. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23` day of September, 2002, at 7:00 p.m. • at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amendment to City Code Section 23- 1703 relating to license and certificate required for massage parlors and message establishments. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 763 -569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE LICENSURE OF MASSAGE; AMENDING BROOKLYN CENTER CODE SECTION 23 -1703 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code Section 23 -1703 is amended to read as follows: Section 23 -1703. LICENSE AND CERTIFICATE REQUIRED. No person shall engage in the business of operating a massage parlor or massage establishment either exclusively or in connection with any other business enterprise without being first duly licensed as provided herein. No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration within the City of Brooklyn Center without first having obtained a certificate as herein provided, except any person who is currently registered by the State Board of Medical Examiners. No business license shall be required for qualified barber shops, hair or beauty salons or for bona fide health clubs; provided, however, that all other requirements of Sections 23 -1700 through 23 -1720 must be met, • and all masseurs and masseuses must have certificates. No business license shall be required, and the requirements of Section 23 -1712 need not be met, for a masseur or masseuse, holding a current and valid certificate, to give massages to persons at public places if both the masseur or masseuse and the customer are fully clothed, the place is open to the public and access is not limited to adults, and the massage is limited to the scalp, neck, shoulders arms and backs. No certificate shall be required for a student enrolled at a recognized school giving massages as Dart of his or her course of study, provided no compensation is paid to the student for the massage, the massage is given under the direct supervision of a certificate holder, and the school holds a massage business license. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 2002. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Underline indicates new matter; brackets indicate matter to be deleted.) • City Council Agenda Item No. Ilg August 23, 2002 MEMO TO: Michael J. McCauley, City Manager FROM. - ane A. Chambers, Assistant City Manager SUBJECT: Minnesota Juvenile Justice Grant: Peacemakers Pat Milton of Brooklyn Peacemakers has prepared a grant for Federal funding though the Minnesota Department of Economic Security, Office of Youth Development. This particular grant requires a local government agency (the City) to apply and receive the funding. The grant is due Thursday, August 29, 2002. The grant would provide for $40,000 annually, for 3 years, and would increase the number of juveniles who could be served by Peacemaker to 400 versus the current 200 served. The City's part in the grant would be to serve on the Prevention Policy Board, and participate as a member of the partnership group in support of the project. Funds for the grant project would come first to the City of Brooklyn Center, and would be disbursed to Peacemakers by City check. Chief Bechthold will serve as the primary staff contact to Peacemakers for the administration of the grant funds and monitoring of services delivered. Brooklyn Peacemakers will have the primary responsibility for delivery of services under the grant. A matching share is required to receive grant funding. Currently, the City of Brooklyn Center funds Brooklyn Peacemakers under its social services funding policy. The agency has been a contract agency, receiving $6,500 in 2000 and $7,000 each year for 2001 and 2002. Brooklyn Peacemakers has written the grant to provide matching share requirement through its own supporters, so that no further direct funding by the City would be required during the 3 year period of the grant. Instead, the City's support would be provided on an indirect cost basis, through staff support (Chief Bechthold), and finance department services (funds pass - through). There are some minor administrative and support questions that should be addressed before the City would accept the grant. If an award of funding is made, these questions can be resolved prior to the City Manager's request of the City Council for authority to enter into a contract for the grant funds, and with Brooklyn Peacemakers as service providers. Cc: Scott Bechthold, Police Chief • Pat Milton, Executive Director, Brooklyn Peacemakers 'L The MN Dept. of Economic Security has authorized agencies in the community who work in partnership with units of government to request grant support for Title V Federal funding. The attached grant allows for Peacemaker to receive financial support which ill, in turn, eliminate the request for support from the City's social services budget. OVERVIEW OF TITLE V FUNDING CONCEPT APPLICANT: THE CITY OF BROOKLYN CENTER PROJECTAGENCY: BROOKLYN PEACEMAKER CENTER, INC. GOAL #1: To substantiate and increase the financial support of Peacemaker diversion for juveniles through Federal funding. Benefits: — Financial justification for continuance and increase of juvenile referrals — Increased financial security for the Peacemaker program — Reduced City budget expense — Politically advantageous to have the program continue through "objective" funding GOAL #2: To demonstrate positive behavior change and increase youth's positive connectedness in the community. Strategy: To utilize the (required) PPB (Policy Prevention Board) to identify strategies for • increasing the juvenile success rate and, in the process, strengthen the entire family unit as well, for a better community. This PPB Board must be identified in the Grant but we have until the end of the year to develop a "3 -year prevention plan ". IN SUMMARY: Requesting $40,000 (annually for a 3 -year grant period) will allow for twice as many juveniles to be referred into Peacemaker and away from the juvenile justice system (400 vs current 200 +). On a cost - per -case basis, these funds would support approximately 30% of the cost to pro- cess a juvenile through the program, with the remaining 70% coming from a (annually renew- ing) State grant and community support; the required 1:2 match would be satisfied with Peacemaker funds. The only need for additional staff time or space (resources) from the City would be the Police Chief's monitoring of the program progress and perhaps meeting space for the new Prevention Policy Board. All Reports and Cash Requests will be administered through the Peacemaker office, with autho- rizations and monitoring remaining with the Police Chief. Monthly, quarterly and annual reports will be provided prior to submission to the State offices on the 15th of each appropriate month. (An answer has not yet been received from the State on the question of whether the funds can be issued directly to Peacemaker.) This would only e a one-year commitment: year of Y mitment: the first Y y year grant. A new request for funding must be submitted each year... it is assumed that, if s first -year concept does not work appropriately for all parties, the request for funding would not be renewed. Year 2003 Minnesota Juvenile Justice Grants Community Delinquency Prevention Services Title V Juvenile Justice & Delinquency Prevention Act Request for Proposals Application Information and Materials . APPLICATIONS are due Thursday, August 29, 2002 by 4:00 PM at the Office of Youth Development The JUVENILE JUSTICE ADVISORY COMMITTEE and the MINNESOTA DEPARTMENT OF ECONOMIC SECURITY OFFICE OF YOUTH DEVELOPMENT 390 North Robert Street, Saint Paul, MN 55101 April, 2002 I • • TABLE OF CONTENTS y Announcement Page 3 Instructions Page 6 FORM 1 — Cover Sheet Page 7 FORM 2 — Prevention Policy Board Page 8 FORM 3 — Work Plan Page 9 FORM 4 — Partnership Chart Page 10 FORM 5 — Budget Request Form Page 12 FORM 6 — Documentation of Match Page 13 FORM 7 — Budget Justification Page 14 • Attachment A — Three Year Delinquency Prevention Plan Page 16 Attachment B — Checklist Page 18 2 • Introduction Title V - Minnesota Juvenile Delinquency Prevention Grant Funds Available The Juvenile Justice Advisory Committee (JJAC) and the Minnesota Department of Economic Security (MDES) —Office of Youth Development are pleased to announce the availability of $342,085 of Juvenile Justice Title V prevention funding. Eligible units of general local government selected for Title V funding may receive up to a maximum of $50,000 per year. Title V applicants will be required to provide a minimum of one dollar of local matching funds for every two dollars of federal funds awarded. Eliqible Applicants Eligible applicants for Title V funding are limited by federal law to units of general local government (e.g. cities, counties, and townships) or those tribal governments that perform law enforcement functions as determined by the U.S. Department of Interior. Current Title V grantees are not eligible to apply in this application cycle. State Independent School Districts are not considered a unit of general local government under this federal title. Juvenile Accountability Incentive Block Grant (JAIBG) grantees who are eligible for Title V are strongly encouraged to apply. JAIBG grantees may use their Juvenile Crime Enforcement Coalition (JCEC) as a Title V required Prevention Policy Board as long as it meets the Title V requirements. The JAIBG Juvenile Crime Prevention Plan • also may be used as a basis for the Three Year Delinquency Prevention Plan. Allowable Activities Title V of the Juvenile Justice and Delinquency Prevention Act lists the following as allowable activities: ❑ Alcohol and substance abuse prevention services ❑ Child and adolescent health and mental health services ❑ Direct prevention services ❑ Leadership development activities and Youth Recreational Services ❑ Mentoring, Tutoring and academic enrichment - ❑ Prevention Services that include an employment and training component Tarqet Population Youth under the age of 18 (and their families), who have had contact with the juvenile justice system or who are at risk of having contact with the juvenile justice system. Duration of Fundino Contracts will begin on January 1, 2003, and will be in effect for 12 months. _ 3 • Application Content The application must include all of the following items in order to be considered for funding: 0 Application Cover Sheet with Authorized Signature (Form 1) ❑ Prevention Policy Board Members list (Form 2) ❑ Project Narrative (6 page maximum) ❑ Work Plan (including goals and measurable outcomes) (Form 3) ❑ Partnership Chart (Form 4) 0 Letters of Commitment ❑ Budget Narrative and Justification (Forms 5, 6 & 7) ❑ Three Year Delinquency Prevention Plan The narrative section MUST NOT exceed 6 pages, single spaced, single- sided, 3/4" margins, minimum font size of 12 points. The six page limit is for the narrative section only. It does NOT pertain to letters of commitment or other application requirements such as the Partnership Chart or Budget section. It does not pertain to the Three Year Delinquency Prevention Plan. Application Deadline An original and six (6) copies of the application, attachments and a completed Three Year Delinquency Prevention Plan must be received at the Department of Economic Security no later than 4:00 PM, Thursday, August 29, 2003: ® Minnesota Department of Economic Security Office of Youth Development 390 North Robert Street St. Paul, MN 55101 Attn: Alana Romanowski Faxed or E- mailed applications WILL NOT be accepted. Award Notification All applicants will be notified of final funding decisions no later than mid November. Grant Requirements Grant agreements require both state and federal tax identification numbers. Applicants must comply with all state and federal requirements including worker's compensation, affirmative action, data privacy, juvenile detention standards, and the Americans with Disabilities Act (ADA), among others. Applicants must be prepared to comply with state reporting and project evaluation requirements. Forms and format will be provided. Quarterly Progress Reports on both program and fiscal components are reviewed by JJAC quarterly. JJAC reserves the right to reduce or discontinue grants based on lack of performance. 4 • Alternative Format On request, the Minnesota Juvenile Delinquency Prevention Grants application and information materials will be made available in alternative formats. For TDD, contact Minnesota Relay at 711 or 800/627 -3529. Technical Assistance Technical Assistance in interpreting the instructions or preparing the application is available. Contact: Carrie Wasley John Olson MN Department of Economic Security MN Department of Economic Security 651/296-2684 651/282-2732 800/456 -8519 800/456 -8519 cwaslev (a)nowmail. des. state. mn.us. irolson (o)nowmail.des.state.mn.us This application is available from the youth web page, www.mnwfc.orq /vouth. • 5 • • Title V — MINNESOTA JUVENILE DELINQUENCY PREVENTION GRANT APPLICATION INSTRUCTIONS Application Cover Sheet (Form 1) Complete the name and address of the applicant agency and /or fiscal agent as well as the name and address of the contact person for the program. Include both federal and state Tax ID numbers. Indicate the level of funding requested for each allowable activity. Be sure to include an authorized signature and date on the application. Prevention Policv Board (Form 2) Identify the members of the Prevention Policy Board (PPB) on FORM 2. A Juvenile Crime Enforcement Coalition (JCEC) providing oversight for the Juvenile Accountability Incentive Block Grant (JAIBG) may serve as a PPB under federal law as long as it meets Title V requirements. Federal Law requires that the PPB must include no fewer than 15 and no more than 21 members. Additional information on the requirements of a Prevention Policy Board and the Three Year Delinquency Prevention Plan may be found in Attachment A. Proiect Narrative Describe the program's goal, the services to be provided, the anticipated outcomes, and the population to be served. Specify what identifying factors will be used (e.g. offense rates for participants, family communication, school performance) to determine the • population and how the program plans to obtain this information (e.g. data from police, schools, or self - reported). Describe the plan to measure success in meeting the goals and strategies outlined in the Work Plan. (There is a six -page maximum.) Work Plan (Form 3) Describe the goals for the twelve -month funding period. The plan MUST include measurable outcomes. Complete the attached Work Plan (FORM 3) using as many pages as necessary to describe all planned project activities. Partnership Chart (Form 4) This form provides evidence that key community leaders support a comprehensive delinquency prevention effort. Additional a e p g s may be added if needed. Letters of Commitment Attach letters of commitment from agencies listed in the Partnership Chart as collaborating or cooperating with the program. Budqet Forms (5, 6 & 7) Please complete the attached Budget Request (Form 5), Documentation of Match (Form 6) and Budget Justification (Form 7). Please include an explanation on how costs were determined. A maximum of 5 percent of Title V funding may y be used fo _ r Indirect Administration. The total budget request may not exceed $50,000. 6 • Title V Minnesota Juvenile Delinquency Prevention Grant J(MDES Use Only) TV03app - ___j FORM 1 - COVER SHEET Please submit one (1) original and six (6) copies of this form, Prevention Policy Board (Form 2), a Project • Summary (6 pages, 8.5" X 11", 12 point minimum font, 3/4" margin on all sides), a Work Plan (Form 3), a Partnership Chart (Form 4), Budget Forms (5, 6 & 7), and the Three -Year Delinquency Prevention Plan. Applicant Agency: Project Contact Name and Address Please use the legal name and full address. This (If different from the APPLICANT AGENCY) is the fiscal agent with whom the grant agreement will be executed. Project Name: PEACEMAKER DIVERSION Contact Name: PAT MILTON Director Name: POLICE CHIEF SCOTT BECHTOLD Address: BROOKLYN PEACEMAKER CENTER Telephone: (763) 569 -3333 Telephone: (763) 535 -0995 Fax: (763) 561 -0717 Fax: (763) 566 -3231 Email: Email: bcpeace @aol.com Address: City of Brooklyn Center Address: Brooklyn Peacemaker Center, Inc. Police Department 7240 Brooklyn Boulevard Suite 205 6645 Humboldt Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Federal Tax ID I Minnesota Tax ID (required) (required) Mark Box ALLOWABLE ACTIVITIES I Amount Requested 1 —Alcohol and Substance Abuse Prevention Services • 2 — Child and Adolescent Health and Mental Health Services X $ 40, 000 3 — Direct Prevention Services 4 — Leadership Development Activities/Youth Recreational Services 5 — Mentoring, Tutoring and Academic Enrichment - 6 — Prevention Services that include an Employment & Training Component TOTAL AMOUNT REQUESTED (not to exceed $50,000) $ 40,000 I certify that the information contained herein is true and accurate to the best of my knowledge and that I am authorized to submit this application on behalf of the applicant. Authorized Signature Title Date • Page 7 FORM 2 - PREVENTION POLICY BOARD MEMBERSHIP An essential requirement for receiving Title V funds is the formation of a board made up of key community • leaders who share a common interest in addressing issues surrounding juvenile delinquency prevention. Refer to Attachment A for more details on the Prevention Policy Board. Member Name /Organization ( Address /City/Zip Phone /Fax /E -Mail Scott Bechtold Chief of Police City of Brooklyn Center Pat Milton Executive Director Brooklyn Peacemaker Center Tim Haroldson Director of Public Safety Brookdale Shopping Center Jim Keelor Community Prosecutor Hennepin County Myrna Kragness Mayor City of Brooklyn Center Kay Lasman ouncil Member y of Brooklyn Center Jim Glasoe Parks and Recreation Dept. City of Brooklyn Center Dr. Antoinette Johns Superintendent Brooklyn Center Schools (286) Judd Haynie Assistant Principal NorthView Jr. High (ISD 279) Gerry Hegna Assistant Principal Champlin Park High (ISD 11) Bruce Biedelman Assistant Principal Plymouth Midd Schl (ISD 281) (Make additional copies of this form to include all members of the PPB. ® Page 8 THE CITY OF BROOKLYN CENTER — Brooklyn Center Police Department The City of Brooklyn Center is unique in that no Brooklyn Center, the police and other agencies • other city enjoys such community involvement will first'give the kids a second chance' through in aiding in the success of their youth. It is a direct diversion to the Brooklyn Peacemaker fact that no other city in Hennepin County, and program, and the result has been a substantial perhaps in the State of Minnesota, provides reduction in the reoffense rate. (If juveniles are direct diversion services for pre- adjudicated not compliant with the diversion process, then Y youth. The City has been on the cutting edge the case is forwarded into the judicial system.) of supporting juvenile success since 1984 with This grant would serve to support the continu- support for a diversion concept that addresses ance and expansion of diversion efforts, with the causes of juvenile criminal behavior. When an emphasis on greater success for the juve- young people make poor choices and commit nile to be achieved through the efforts of a misdemeanor crimes, other cities will cite the ju- newly- formed Prevention Policy Board and, in veniles and refer them into the juvenile justice addition, an increased "connectiveness" in the system, which is frequently not remedial. In community for young people. BROOKLYN PEACEMAKER CENTER — Juvenile DiversionNouth Intervention Programs 1. FOCUS Brooklyn Peacemaker Center is a direct -ser- vided at the assessment session. A licensed vice, private, nonprofit agency, providing diver- professional counselor and trained community sion services for youth prior to being petitioned volunteer work with the youth and family to iden- to court. The juvenile offenders serviced by tify root issues behind the juvenile's criminal this program represent varied socioeconomic behavior. At the end of the Assessment Ses- and racial backgrounds within the age range sion, an Assessment Agreement is developed of 6 through 17 years old. They are provided a (sample Agreement - Exhibit 1 is attached) for • one -time assessment with a professional coun- each client focusing on projects designed to selor and trained volunteer along with one or strengthen the juvenile and also appropriate re- both parents. The family structure may vary ferrals are made, based upon needs identified from a traditional two - parent family to single in the process. A time line for completion is parents, foster parents, close relatives, or ju- identified and the Case Manager monitors the veniles living independently in the community progress of the case until it is either completed Offenses include misdemeanor and status of- successfully or if noncompliant, returned to the fenses including (but not limited to): shoplift- Police or County Attorney for charging. ing, vandalism, property damage, disorderly conduct, motor vehicle tampering, trespassing, 3. PROGRAM EXPANSION fighting, and curfew violations. Within the last few years, Peacemaker has made great strides in implementing student di- 2. STRUCTURE versions in lieu of expulsions of students from This community -based program works coop- schools. In 1998, funding from the MN Youth eratively with Brooklyn Center Police Depart- Intervention Programs allowed for the expan- ment and Brookdale Shopping Center Public sion of the student program into schools to di- Safety, Hennepin County Children, Families vert from expelling students for fighting. This and Learning, County Attorney's office, four program has been introduced into a wide vari- school districts within Brooklyn Center, and sev- ety of schools in the four school districts that eral other community agencies and organiza- provide educational services for the residents tions. Brooklyn Peacemaker has been work- of Brooklyn Center. The funding Peacemaker ing succcessfully for over 15 years in receiving receives for diversions through the Youth Inter - referrals to divert first time offenders from the vention Program is focused on behavioral is- juvenile justice system. Everything at Peace- sues, as well as pre- adjudication diversions for �aker revolves around the direct services pro- school - related incidents. (continued on page 2...) Peacemaker Juvenile Diversion Program (Project Narrative, page 1) 4. MEASURABLE OUTCOMES 5. POPULATION SERVED The program's success is measured in four It is estimated that approximately 450 referrals different ways: of youth and families /parents will be served a a. ENTRANCE AND EXIT SURVEYS through the juvenile and youth intervention pro- Questions are answered by both the juvenile grams. Parent(s) /guardians are required to be and parents upon enrolling and at completion at the assessment session; the youth and par - of the program (sample questionnaires - Ex- ents both have to agree to and sign the Assess - hibits 2 and 3 are attached) as to the level of ment Agreement, with all of them being part of risk behavior the juvenile is exhibiting. Those the process. This diverse community includes answers are tabulated for the Juvenile's risk youth as young as 6 years old and as old as 17, level as well as Parents perspective of their with the majority of referrals being between the child's risk level before the program begins and ages of 13 and 15. Residents served are those again upon the juvenile's satisfactory comple- who live or shop in Brooklyn Center. Cultural tion of the program. (An average of 25% im- backgrounds of families served are as diverse provement is considered successful progress as the community with an ever - changing spec - for a juvenile within a 6 -week program timeline.) trum (see attached 10 -year statistical informa- b. ASSESSMENT SURVEY tion - Exhibit 4). At the close of each Assessment, an Assess- 6. ORGANIZATIONAL PARTNERSHIPS ment Survey is given for completion by both Direct collaborative partnerships include the the juvenile and parents identifying levels of Brooklyn Center Police Department, Retail Loss satisfaction with the process. Those results are Prevention departments in the Brookdale Shop - maintained (without names) for continued pro- gram improvement as well as for the public to ping Center, Brookdale Shopping Center Pub - lic Safety Hennepin Count Department hil- dren, Families and Learning, Hennepin County of y, C view in the Peacemaker administrative office. p y p c. PROGRAM COMPLETION Attorney's office, Operation DeNovo, Brooklyn 10 A self- assessment of this program is the satis- Center Schools, North View Junior High School, factory completion of the Assessment Agree- Champlin Park High School, Plymouth Middle ment and the juvenile's avoidance of being School, and The Salvation Army. criminally charged. Also, Peacemaker enjoys support, } y membership d. RECIDIVISM (REOFFENSE) SURVEYS and /or affiliation with the MN Youth Interven- Long range assessment includes monthly re- tion Programs Association, Brooklyn Center Ro- cidivism surveys for all clients who satisfacto- tary, Twin West and North Hennepin Chambers rily completed the program one year or more of Commerce, MN Youth Intervention Programs previously, identifying if the juvenile has been Association, and the MN Council of Nonprofits involved in another offense. These results are as well as other organizations or agencies in tabulated in two ways: the Northwest Hennepin County area, includ- a. Performing a phone survey to the juvenile ing tremendous business and corporate sup - and family asking how the juvenile is doing port throughout the area. since completing the Peacemaker program (and whether they have committed any fur- 7. COMMUNITY CONNECTEDNESS ther offenses); and The goal for the Prevention Policy Board will b. Presenting a monthly list to the Police De- be to identify existing efforts benefitting juve- partment to check for reoffenses within the niles in the northwest Hennepin County area last year. The recidivism (reoffense) rate of and how they address risk factors; and to as- Peacemaker clients has continually dropped sist in the development of resources which will to a current rate of only 6.5 %. Additionally, in fill the gaps identified. Included with those ef- the phone surveying process, families are forts will be developing priorities toward increas- also asked if additional assistance is needed ing positive and healthy relationships and in- and assistance or referrals are offered to meet creasing opportunities of connectedness for those needs. youth in Brooklyn Center. Peacemaker Juvende Diversion Program (Project Narrative, page 2) ExH) JUVENILE AND STUDENT DIVERSION PROGRAMS e a e e III a k e r ASSESSMENT AGREEMENT c � ng ids A Second Gt Case # I, Juvenile Client µ .agree to: Al veti-i 1. �,�Q r _ at s p � G 1 l e s. t ULI>f 2 10Z more na! P (tr�t c ) ►�� • S u rnrn �-�, red Dq,'ci P(`vv 6 L Is� cc. - r I �'c� �r C 3) Gt,✓� c,i�s� <S�a�n�-� = � CUr� cr! � � a I � GDD �Y no t - O DD l,5 a �,'r� �i �' 1-v� -�Y- L1 o-A 4 r - - ,F) b n f (v r- �w r Y to be completed by LLLc 2 00 Z �- aC-21 _� Signed and agreed to on this day: X Juv de Date I (We), parent(s)/, of the above - stated juvenile, grant Brooklvn Peacemaker Center permission to im I ent the best program in possible care of my (our) child /ward. I also agree to support / and attend, whe eeded, the ab - requirem P ) ents in order to assist in the health roces for my (our child ward. Parent /C,uardian D ate < Counselor Date rent ua ian ate Volunteer i Date Return proof of completion (by date specified) to: BROOKLYN PEACRVLA- CER CENTiZ, INC. 7240 Brooklyn Boulevard Suite 205 or call: (763) 535 -0995 Fax: (7 63) 566 -3231 Brooklvn Center, NI 5 2y - Confidential Risk Assessment Questionnaire (Youth) Date: Case Number: Almost Almost Never Never Sometimes Frequently Always Always 0 2 3 4 5 Using the scale above, please indicate the number that best describes your behavior in the past three months: At Entry Into Upon Program Completion 1. 1 defy basic family rules and expectations ........................ 2. 1 have problems in school (truancy, suspension, grades) . 3. 1 am verbally abusive to others .......... ............................... 4. 1 make poor choices in friends ........... ............................... 5. 1 have lost interest in favorite activities (sports /hobbies) .. 0 1 refuse to do household chores and /or homework........... 7. 1 am depressed .................................. ............................... 8. 1 have poor personal hygiene ............ ............................... 9. 1 behave in violent and /or aggressive ways ...................... 10. 1 lack motivation ................................. ............................... 11. 1 am manipulative and /or deceitful ..... ............................... 12. 1 take sexual risks ............................ .. ............................... 13. 1 am suicidal ..... ............................... ... ............................... 14. 1 steal money and /or property from others ........................ 15. 1 have low self esteem ....................... ............................... 16. 1 have a problem with authority .......... ............................... 17. 1 do Pot obey curfew laws .................. ............................... 1 #b 1 use drugs and /or alcohol ................. ............................... or Office Use Only pre post - - Confidential Risk Assessment Questionnaire re • (Parent/Guardian) Date: Case Number: Almost Almost Never Never Sometimes Frequently Always Always 0 2 3 4 5 Using the scale above, please indicate the number that best describes your child's behavior in the past three months: At Entry Into Upon Program Completion 1. Defies basic family rules and expectations ....................... 2. Has problems in school (truancy, suspension, grades) .... 3. Is verbally abusive to others .............. ............................... 4. Makes poor choices in friends ........... ............................... 4 Has less interest in favorite activities (sports /hobbies) ..... . Refuses to do household chores and /or homework ......... 7. Is depressed . ............................... ...... ............................... 8. Has poor personal hygiene ................ ............................... 9. Behaves in violent and /or aggressive ways ...................... 10. Lacks motivation ........... ............................... ..................... 11. Is manipulative and /or deceitful ......... ............................... 12. Takes sexual risks ............. ............................... ................. 13 . Is suicidal ........................................... ............................... 14. Steals money and /or property from others ....................... 15. Has low self esteem ........................... ............................... 16. Hai a problem with authority .......................... 17 . Doe,—,-not obey curfew laws ...... ............................... 0 Uses drugs and /or alcohol ................. ............................... For Office Use Only pre post o� 0 Brooklyn e a c e m a k e r Center ny K!d• A s�.a d C r"F4- Juvenile and Student Diversion Programs (combined) 10 -Year Annual Client Statistics (by Percentage) — 1992 through 2001 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 Total Number of Cases: 355 176 203 337 292 246 321 360 360 X75 REFERRAL SOURCES: Brooklyn Center Police Dept........... 100 %.... 27% 0 ....69% ....73% .... 71 .... 64% ... 65 .... 60% .. 56 Stores /other PD's /Parents /Court ......... U . 57% ....74 %0 5% °' ° Hennepin County Attorney ....................0.......... 0 ......... 0 ...... I % ......... U .... 24% .... 28% ... 25% .... 22% .... 3% Operation DeNovo ................................... 0 .... 16% ....260'0 ....25% .... 25% ...... 5% ...... 2% ...... I% ...... 6%... Junior and Senior High Schools-- ........ 0 7* ....... 0 ......... 0 ......... 0 ......... 0 ......... 0 ...... 6% ...... 7% .... 11%...29% i TYPES OF OFFENSES (duplicated *): Shoplifting /Theft .................... 1 8 5/:,(" c c c, c;, - c; mac:- 20 ° ............ J. )1 -c .... 93 ,c. ... SO ,c �... 8� ,c .... 8J /o i ... 74 7� I° .... 74 /° ... 60 v1 ,° Assault ... ... 2 ��... <1 ......5% .....7`,4 .....80'0 ...... 30'c i..... 6% ...... 5% ...... 4% .....1% Va Damage to Proper °, .....' ° " "" o, 0 Fi Disorder) Conduct .. 1 /° .......... U ....1 ....10'0 1 c' 6% 10 ...... 9% ...... 6 ,o .....6 /° l c; of c cv c 3 % 2 yr 2% w Truancy ................................... ........... ........0.......... 0 ......... 0 ........ 0 ........ 0 ......... 0 ...... 5% ...... 6% ...... 9%...30% Other ....................... ............................... 6% ..... 6% ...... 17o ..... 7% .....5% ...... 5% ...... 7% ...... 6%: ..... 6 % .....2% CLIENT INFORMATION: Gender: Male ....... ............................... 61 %C ... 53`i" ....38 % ... 51 % ... 54 %C .... 55 L. 54% .... 56% .... 49% .. 47% Female ............................... ... 47% ....62% ...49 %, ...4604:.... 45% �... 46% .... 44% .... 51% ..53% is %, Ethnicity: Asian Africa n-American ............�.. 38% 3' ; ...360( ... 400'0 .... 41% .... 43% .... 48 % .... 41 ..47% ° o �ci of o ... 11 .... lU /o c .... 14 /° c .... Ig% Caucasian ............................ 52 °/C L.. 52G /0 . o✓ .... ^ 7 .., �6c C e � ° 11 .. 45 ,o ... 50 ,o ... aU /o ... 45% .... 44% .... 36%....34% -.. 33 �f Other /unknown .................. 7% ... 14% L ...18 9 °( ..... 4% ..... 3% ...... 3%: ..... 2% ...... 7% ..... 9% Age: 6 thru 12 .) , 2 � -c 2 a, 21 �(. ... 21 c 27 2, c 22 .............................. _. c .. _1 ,< .... _7 ,� ... _4 , .. 18 /< . .... _/ /v -... _4 /o -.. �_ to 13 thru 15 ........................... 5_ _�c. • 54 4 1 ....6U`,'c ...58`a ... 57 ;' 54, ... .... 49% .... 550'0 ... 56% 16 thru 17 �3% J... 25c -4 ,.... 15 ; ....18`,c ... 22c," ... 25`z 1...26% .... 24% .... 21% ... 22% I I Residence: Brooklyn Center .................. 28`;4 1... ��c,, ,....Z7� .....20`; ....20`4 � ...26`'c .,.24c/c 28 %... 25% Brooklyn Park ..................�.. 16% 1 I .. 12% .... 16% ...19°/0 .... 17% .... 23% ... 18% ....21% .... 20%...20% Minneapolis ...................... ff.. 39% I . 43% ....36% ...31%. .... 35 0 ...417o :... 37% .... 43%...29% _ GV /Robb /Crys /NH .......I .... 6% 7% ......8°'0 ...10% :..... 8% ...... 67c .....7% ...... 8%: ..... 4%... 18% West Hennepin County.. 3% 1 ..... 6% I......8% ..... ....15% ...... 7% ..... 5 %...... 3% ...... 4% ..... 6% Anoka Count J ........ 40'C '..... 6`. .....2 4 °c ......4% ...... 2 ..... 3 % ...... 2% .... <1% .... 1 ° lo All other areas 4 °/ 'c I......3 ; i..... 7 >� ...... 1 , 4 i ..... 7 °� ..... 2 °0 ...... 3 °l0 I% .... 1% � � I `duplicated in that some juveniles were charged with more thin on�� utfcn, • 0 FORM 3 -WORK PLAN Make additional copies of this form as needed. If applying in more than one allowable activity, use a separate form for each activity. Computer generated copies of this form may be used if exact. AGENCY: CITY OF BROOKLYN CENTER POLICE DEPARTMENT I ACTIVITY AREA: DIRECT PREVENTION SERVICES PROGRAM GOAL(what does the program plan on achieving): GOAL #1 ADDRESS AND REDUCE JUVENILE CRIMINAL BEHAVIOR STRATEGIES (activities, steps, tasks to EXPECTED MEASURABLE OUTCOME(S) NUMBER FREQUENCY START END achieve above Goal): (indicators of changes in participants): SERVED OF ACTIVITY DATE DATE ADDRESS: REFER JUVENILES WHO COMMIT JUVENILES AND THEIR FAMILIES WILL MEET WITH AN 300 ONGOING 01/01/03 12/31/03 MISDEMEANOR CRIMES (INCLUDED BUT ASSESSMENT TEAM (LICENSED THERAPIST AND A JUVENILES NOT LIMITED TO: SHOPLIFTING, THEFT, VOLUNTEER FROM THE COMMUNITY) TO DETERMINE REFERRED 25 (AVG) VANDALISM, FIGHTING, FIFTH DEGREE ISSUES BEHIND THE CRIMINAL BEHAVIOR AND with 225 REFERRALS ASSAULT AND CURFEW VIOLATIONS) INTO DEVELOP AN AGREEMENT WITH REQUIREMENTS FOR (75% AVG.) per month THE BROOKLYN PEACEMAKER CENTER THE JUVENILE TO COMPLETE WHICH WILL SERVE TO developing an JUVENILE DIVERSION PROGRAM AS A ADDRESS THOSE ISSUES IDENTIFIED. Agreement PRE - ADJUDICATION ALTERNATIVE. i REDUCE: 200 15 to 20 1. IDENTIFY LEVEL OF RISK BEHAVIOR 1. UPON ENTRY IN THE PEACEMAKER PROGRAM, JUVENILES ASSESSMNT 01/01/03 12/31/03 THE JUVENILE EXHIBITS AT THE START OF JUVENILES AND PARENTS WILL FILL OUT A "RISK (80 %) will SESSIONS THE DIVERSION PROCESS AND THE LEVEL ASSESSMENT SURVEY" TO DETERMINE THE YOUTH'S comply with MONTHLY OF IMPROVMENT UPON COMPLETION. LEVEL OF RISK BEHAVIOR... FOLLOWING COMPLETION an expected with 6 -week OF THE PROGRAM, THE SURVEY WILL AGAIN BE 25% risk timelines for 2. EXHIBIT HOW THE PROGRAM IS EFFECTIVE THROUGH RECIDIVISM CONDUCTED TO DETERMINE LEVEL OF IMPROVEMENT. reduction completion SURVEYS AND POLICE DEPARTMENT RECORDS CONFIRMING THAT THE 2. RECIDIVISM SURVEYS AND POLICE DEPARTMENT ANTICIPATE Police Reports 01/01/03 12/31/03 JUVENILE HAS NOT REOFFENDED AT RECORDS CONFIRM THAT THE JUVENILE HAS NOT 90% DO NOT & Recidivism COMPLETION. COMPLETION. REOFFENDED ONE YEAR FOLLOWING PROGRAM REOFFEND Surveys ONE YEAR FOLLOWING PROGRAM (10% RECIDIVISM) conducted monthly Page 9 i • • ®,' FORM 4 - PARTNERSHIP CHART The information contained in this chart should support the Work Plan as explained in the narrative. This form demonstrates community involvement that forms a basis for planning, developing and implementing programs and strategies that address the needs of at risk youth. Only those organizations which have already committed resources, staff and time (or are prepared to do so) should be listed. A letter of commitment MUST be included in the application from each person or organization listed below. Indicate which organization(s) will assist in implementation of project services and /or goals. Type of Commitment: Type of Name and Address of Organization (time, staff, resources, Key Contact Person and Telephone Number Letter Organization space, referrals, etc.) enclosed City and /or County City of Brooklyn Center Staff, space, time Mike McCauley, City Manager Agency 763- 569 -3300 Agencies s Employment & None at this time Training Providers Law Enforcement Brooklyn Center Police Department Referrals Scott Bechtold , Chief of Police Agencies 763- 503 -5201 Community Hennepin County Program Support Jim Keelor, County Prosecutor Corrections Community -Based Brooklyn Peacemaker Center Diversion Services Pat Milton, Executive Director Services 1 763- 535 -0995 The Salvation Army Training, Resources Monty Wandling Community -Based Services 763 -425 -0517 Business Brookdale Shopping Center Referrals Tim Haroldson Community Director of Public Safety 763 -560 -7122 Page 10 I • • 0 Please list other organizations and /or groups not listed on Partnership Chart but who are involved in the project: Type of Name and Address of Organization Type of Commitment: Key Contact Person and Letter Organization (time, staff, resources, Telephone Number Enclosed space, referrals, etc.) _ Local Educational Brooklyn Center (ISD #286) Staff /Resources /Referrals Dr. Antoinette Johns Agencies 763- 561 -2120 Local North View Junior High School Referrals Judd Haynie Agencies ucational Osseo Schools ISD #279 Assistant Principal Local Educational Anoka - Hennepin (ISD #11) Referrals Gerry Hegna Agencies Assistant Principal Plymouth Middle School Referrals Bruce Biedelman Local Educational Robbinsdale Schools (ISD #281 Agencies Assistant Principal Page 11 • • • FORM 5 — BUDGET REQUEST Please indicate program budget amounts in appropriate categories and segmented into one or more allowable activities. Applicant Agency/ Contact Person Address Telephone /Fax 6645 HUMBOLDT AVENUE NORTH 763 - 569 -3333 BROOKLYN CENTER POLICE DEPT/ CHIEF SCOTT BECHTOLD BROOKLYN CENTER, MN 55430 ALLOWABLE ACTIVITIES Budget Category 1. Alcohol or 2. Health and 3. Direct 4. Leadership 5. Mentoring and 6. Employment TOTAL Substance I Salaries Mental Health I Prevention I Development I Tutoring I and Training I $ 18,225 $ 18,225 1,425 1,425 Consultants & 11,250 Professional 11,250 Services Travel (36.5¢ per mile) 0- -0- Space Costs 5,300 5,300 Consumable 1,800 Supplies 1,800 (under $5,000) Lease & Purchase -0- -0- Equipment (over $5,000) Indirect Costs" 2,000 (Administration) 2,000 TOTAL $ 40,000 $ 40,000 Identify the allowable activities amount requested in the proposal (e.g. employment and training, tutoring /academic enrichment, etc.). The column total should correspond to the allowable activity listed in the application cover sheet -FORM 1. *Indirect limited to 5% of the requested budget. Page 12 FORM 6 - DO+CUMENTATION OF MATCH Indicate budget match in appropriate column. Title V requires a 1:2 match per dollar requested. Applicant Agency /Contact Person Address Telephone /Fax BROOKLYN CENTER POLICE DEPT/ CHIEF SCOTT BECHTOLD 6645 HUMBOLDT AVENUE NORTH 763 - 569 -3333 BROOKLYN CENTER, MN 55430 Budget Category Amount Requested In -Kind Match Amount Cash Match Amount Source of Matching Funds Salaries $ 18,225 $ 15,220 Minnesota Youth Intervention Programs (MNYIP) Fringe Benefits 1,425 1,190 MNYIP Consultant & 11,250 3,500 3,750 Volunteer time and MNYIP Professional Services Travel -0- -0- MNYIP (36.5¢ per mile) Space Costs 5,300 2,600 MNYIP Consumable 1,800 800 MNYIP Supplies Lease & Purchase -0- -0- MNYIP Equipment Indirect Costs 2,000 1,240 MNYIP (Administration TOTAL $ 40,000 3,500 $ 24,800 Page 13 • Title V Minnesota Juvenile Delinquency Prevention Grant FORM 7 - BUDGET JUSTIFICATION Please provide a brief justification for the budget items listed on FORM 5. Include an explanation of how costs were determined. If applying in more than one allowable activity, please use a separate justification form for each activity. Applicant City /Agency CITY OF BROOKLYN CENTER / BROOKLYN PEACEMAKER CENTER Allowable Activity DIRECT PREVENTION SERVICES Salary Title & Name Position and Percentage of FTE I Total Cost (1 FTE = 2080 hours annually) CASE MANAGER — MARILYN LUTZ MANAGING CLIENT FILES @ 60% FTE 14,000 EXECUTIVE DIRECTOR — PAT MILTON PROGRAM DEVELOPMENT /REPORTS AND REPORTS @ 12% FTE 4,225 Total Salary $ 18,225 Fringe Benefits show all components such ( is ch as SS FICA, ,other benefits) PAYROLL TAX EXPENSE: is FICA TAX: 6.2% OF PAYROLL= $1132 MEDICARE TAX: 1.45% OF PAYROLL= $ 265 MINNESOTA UNEMPLOYMENT COMPENSATION TAX: .2% OF PAYROLL= $ 35 Total $ 1,425 Consultant & Professional Services (list names if applicable and formula for contract amount, for example: 100 hours @ $25.00 = $2500.) PROFESSIONAL SERVICES INDEPENDENT LICENSED COUNSELORS ASSESSING 75% OF 300 REFERRALS = 225 ASSESSMENTS AT $50 EACH I Total $ 11,250 Travel (mileage may not exceed 36.5¢ per mile) Total $ - • Page 14 I 4i Space Costs OFFICE RENT: BASED UPON 50% OF 10, 600 ANNUALLY Total $ 5,300 Consumable Supplies (under $5,000) PRINTING, COPIES, BROCHURES, POSTAGE SUPPLIES FOR 300 REFERRALS, 225 ASSESSMENTS @ (AVG) 6.00 PER CLIENT Total $ 1,800 Lease & Purchase Equipment (for Direct Services Only and over $5,000) NONE 0 I Total $ -0- Indirect Costs (Maximum Allowed is 5 % *) 5% OF ADMINISTRATIVE COSTS INCLUDE LIABILITY INSURANCE AND COUNSELOR FEES FOR CLIENT "NO- SHOWS' I Total $ 2,000 GRAND TOTAL FOR THIS ALLOWABLE ACTIVITY I $ 40,000 Must correspond to amounts on Forms 1 and 5 *The cost of operating and maintaining facilities, depreciation, independent evaluation, payroll and accounting, and administrative salaries are examples of costs usually treated as "indirect cost ". • Page 15 • Attachment A Three -Year Juvenile Delinquency Prevention Plan Development Guidelines for Juvenile Justice & Delinquency Prevention Act Title V Funding The Juvenile Justice Advisory Committee and the Minnesota Department of Economic Security Office of Youth Development Introduction The following information on Title V application procedures including the required content of - the Three Year Comprehensive Delinquency Prevention Plan is based on federal requirements. Summary of Requirements Development of a Three -Year Comprehensive Delinquency Prevention Plan (Mandatory). Each unit of local government applying for Title V funding must provide a plan which identifies specific risk factors within the area to be served and how they will be addressed. Minimum elements of the submitted plan must include the following: . A. Establishment of a Prevention Policy Board (PPB) consisting of 15 to 21 members representing law enforcement, employment and training, local educational agencies, private youth service agencies, parks and recreation, business and industry and other local officials. Juvenile Crime Enforcement Coalitions (JCEC) formed under the federal JAIBG Program may serve as PPB under Federal Law if it meets the above Title V requirements. In order to develop the plan, please consider the following for participation: ❑ Local elected officials (or their designees) ❑ County judicial system representatives ❑ Law enforcement agency representatives ❑ Representatives from employment and training programs ❑ Parks and Recreation representatives ❑ Representatives from private nonprofit organizations serving youth ❑ Local Educational Agencies ❑ Business and industry representatives ❑ Youth member(s) under 21 years of age ❑ Parent(s) of at risk youth • B. Identification of key community leaders and members of the PPB, describing their roles in the comprehensive delinquency prevention strategy and other evidence of support from key community leaders (letters, board resolutions, et cetera). C. A definition of the geographic area the program will serve. D. A realistic assessment (attach evidence) of the readiness of the community or neighborhood to adopt a comprehensive delinquency prevention strategy. E. A thorough assessment of risk factors and resources, including measurable outcomes that will serve as baseline data for project performance and outcomes. F. Identification of available resources and best practices including federal, state, local and private efforts and-how they address identified risk factors and an assessment of gaps in needed resources and a description of how to address them. G. Strategies, goals, objectives and timetables for obtaining and coordinating identified resources that will implement approaches which address priority risk factors. The overall strategy must include a plan for coordination of services for at risk youth and their families. H. A description of how awarded funds and matching resources will be used to accomplish stated goals and objectives by the purchasing of goods and services and • leveraging other resources. I. Applicants should also provide a budget outlining the planned expenditures of grant funds and matching resources, including a budget narrative justifying these expenditures. J. A description of how the PPB will make recommendations to the responsible local agency for the distribution of funds and evaluations of funded activities. K. A plan for collecting data for the measurement of performance outcomes of project activities. Note: Juvenile Accountability Incentive Block Grant (JAIBG) recipients should be aware that the Juvenile Crime Enforcement Coalition (JCEC) required under the JAIBG program can serve as a PPB under Title V if it meets the Title V requirements. However the Juvenile Crime Prevention Plan must comply with the above prerequisites. Also note that Title V awards are a competitive process, not an entitlement grant.