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HomeMy WebLinkAbout2001 03-26 CCP Regular Session R AGENDA CITY COUNCIL STUDY SESSION March 26, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Request for Trunk Highway 610 support 3. April 2 nd Work Session 4. Miscellaneous 5. Adjourn NORTH METRO MAYORS ASSOCIATION MEMORANDUM TO: CITY MANAGER /ADMINISTRATOR FROM: SARAH EPPARD, EXECUTIVE DIRECTOR DATE: 02/22/01 Respectfully request your community pass the attached resolution (or a similar version) and forward it onto the following individuals: Richard Stehr Elwyn Tinklenberg Division Engineer Commissioner Mn/DOT Mn/DOT Waters Edge Building 395 John Ireland Boulevard 1500 West County Road B2 St. Paul, MN 55155 Roseville, MN 55113 Tod Sherman Sarah Eppard Mn/DOT North Metro Crossing Coalition Waters Edge Building 8525 Edinbrook Crossing, Suite #5 1500 West County Road B2 Brooklyn Park, MN 55443 Roseville, MN 55113 Its purpose is to express concern for the fact that the current Transportation System Plan has TH 610 scheduled for construction during the 2011 -2025 time frame — and recommends moving the construction into the current decade (2005 - 2010). The North Metro Crossing Coalition has prepared this important resolution and is asking for the support of the Association and our individual members. Our NMMA Board passed this resolution at their February Board meeting. There will be a delegation from the North Metro Crossing Coalition going out to Washington, DC to meet with the Congressional Delegation. This delegation would like very much to bring copies of your resolutions with them. We ask you please forward your resolutions to our offices no later than March 20`". Please contact me at 763/493 -5115 if you have any questions and/or need additional information. RESOLUTION Supporting the completion of TH 610 in 2005 -2010 WHEREAS, the Draft MN/DOT Metropolitan Transportation System Plan Investment Timing has proposed that TH 610 from TH 169 in Brooklyn ark to I -94 in Maple Grove yn p G o be scheduled in the 2011 - 2015 time frame, and WHEREAS, the North-Metro Mayors Association Board of Directors takes strong exception to that scheduled time frame, and WHEREAS, the North Metro Mayors Association Board of Directors strongly urges that the Transportation System Plan relating to TH 610 completion be properly placed in the 2005 -2010 time frame for the following reasons: 1. The TSP notes `Finish what we started,' which refers to TH 610 as one of those two projects. 2. The segment from TH 252 to TH 169 opened for traffic October 2000. Westbound traffic disburses in multiple directions to find the best way to access I -94, the eventual western termination of TH 610. 3. There is approximately $32 million infrastructure being built in the TH 610 right -of -way from I -94 east to TH 169. The value of that investment will not be realized until TH 610 is completed. With the proposed completion date in 2004, it makes sense to keep the project moving and continue to fund TH 610 to completion in the 2005 -2010 time frame. 4. To date the State and Federal Governments have invested $184 Million in the TH 610/10 North Crosstown Highway (plus the initial segment of the 610 river crossing completed in the mid 1980s): • 610/10 North Crosstown —Anoka County Segment- $79,060,000 • TH 610 —Brooklyn Park Segment - $51,000,000 • 2 °d River Crossing - $22,000,000 • TH 610 ROW Infrastructure Investments - $32,000,000 5. TH 610 serving as the By -Pass could relieve the congestion that will continue to buildup even with the widening of I -94 from Maple Grove to Brooklyn Center. • TH 610, when completed to I -94, should be designated as the `North Metro By -Pass' to I -94 in east metro via I -3 5 W and I -694. • The city of Blaine has located six major truck terminal at the northeast corner of TH 10 and I- 35W. • The Draft Metro Council Transportation Policy Plan Policy No. 12: Maintain competitive regional freight transportation system. This efficient movement of goods or `freight mobility' requires an extensive high capacity transportation network capable of moving large amounts of freight quickly, reliably and cost effectively. These concerns are stated in Strategy 12b: determine the needs for access to freight terminals and Strategy 12c: reduce congestion impacts on truck travel. AGENDA CITY COUNCIL WORK SESSION April 2, 2001 6:00 P.M. CONFERENCE ROOM B 1. Animal Ordinance Changes 2. Inn on the Farm 3. Council Member Nelson: Housing Commission recommendations 4. Council Member Peppe: regional amenities: stadiums 5. Historical society books 6. Massage ordinance 7. Report on Civil Legal Services 8. Sewer billing 9. Adjourn LOYALTY FREEDOM JUSTICE DUOOS BROTHERS POST NO. 630 AMERICAN LEGION 4307 70TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55429 March 24, 2001 Mayor Myrna Kragness Members of the City.Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Mn. 55430 Re: Duoos Brothers American Legion Post - #630 Dear Mayor Rragness and Members of the City Council: This letter is written on behalf of the 300 plus members of the Duoos Brothers American Legion Post #630. With this letter we first want to thank you for you're past interest in our Post. We want to thank you for your willingness to meet with us and to listen to our concerns. With all our civic activities and involvement it is important that we remain connected with City Hall and we know you have helped to keep that connection viable. We also, with this letter, need to ask you for your help. As you are aware the City has initiated condemnation proceedings against our Post. Because we are a small Post and because of the nature of the land and land development costs we are now facing the demise of our Post. While we function acceptably in our current site, based on costs, size and income, the costs to develop a new building would be in the neighborhood of $700,000.00 - $800,000.00. These numbers are dismal and leave us few alternatives, which are to lease space or purchase an existing building to set up our Post anew. While the costs to do this are so high they are not as high as the costs of a new building that we would own the way we now own our current property. If we do not do one of these alternatives we will have to close the Post doors. We have aggressively put income, mortgage and build -out numbers together and concluded we still have a need for greater money from the City than what it has offered. Based on this we make the summary request as attached for the amount of #380,000.00. With the attached summary we attempt to provide sufficient information to show the needs that the Post has to purchase the subject former Burger Ring site, 6110 Brooklyn Blvd. We believe you and the City Council can help us if the will to do so is there. We have been offered approximately $210,000.00 in total real estate and relocation monies. This means we need $170,000.00 more just to purchase and complete minimal build -out of the Burger Ring site. While the City see this as unacceptable we see this as reasonable need. We see this as an area where our elected officials can recognize that where special circumstances exist, special consideration should be provided. While City staff may see this as unacceptable we ask them to see this our way in that even under this proposal we give away the equity we now have in the current building and land that we own. All that will be gone. Our attorney has told us the City can force us out of business. He also told us that the City has the discretion to help us. Specifically we learned the regulations state that the City's redevelopment activities should not be such that we "suffer disproportionate injuries as a result of projects designed for the public as a whole" (from the relocation regulations). We believe your redevelopment project probably will benefit the public as a whole but if we are forced out of business we will definitely have "disproportionate injuries ". This is why we ask you and the City Council to assert yourselves as our elected officials and help our Post and members. We know you can do it if you have the desire. Thank you for your consideration now and in the past. Sincerely, �.� teven Wacha ' 'X' Comma,nder u a Tim tenson V'ce Commander Darrel Fehrmap Historian BROOKLYN DUOOS BROTHERS AMERICAN LEGION POST #630 RELOCATION NEEDS This proposal outlines the anticipated needs of the Brooklyn Center American Legion in order to remain open and operational as a business. The location referred to as a replacement site is commonly referred to as the former Burger King and is currently on the market. The Brooklyn Center American Legion is currently attempting to purchase this location. 1. Additional Income Sources - With the cost of mortgage and maintenance at the new location it will be necessary for the Legion to generate additional income. Based on the Legions current income sources the most likely additional revenue will come from increased liquor sales and food sales. In order to accomplish these sales the Legion will require: A. Sunday Liquor License. B. Food Service License. 2. Additional Assistance - In order to allow the Legion to provide the additional food service improvements at the replacement site will be required. In order to provide the additional services other improvements to this site are required. The estimated cost of these improvements is $200,000.00. 3. Mortgag /Taxes /Maintenance Assistance Because of the increased monthly costs it will be necessary for the Legion to supplement its income for approximately 36 months in order to stay in business. The estimated additional cost $5,000.00 per month. Breaking down the monetary needs in order to allow the Legion to attempt to continue operating is as follows: 1. Building improvements .................... ............................... $200,000-00 2. Mortgage / Taxes/ Maintenance36months .............. $ 180,000.00 3. Grand Total .................................................... ............................... $380,000.00 * CITY COUNCIL MEETING REVISED City of Brooklyn Center March 26, 2001 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. - Pastor Keith Hedges, Fellowship Baptist Church 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. March 5, 2001 - General Worksession with Commission Chairs 2. March 12, 2001 - Study Session 3. March 12, 2001 - Regular Session b. Licenses C. Approval of Application (Excluded Bingo) from the Willow Lane PTA for an event to be held on March 30, 2001, at Willow Lane Elementary School is d. Approval of Report on City Council Retreat * REVISED S CITY COUNCIL AGENDA -2- March 26 2001 e. Resolution Declaring Surplus Property and Authorizing Sale of Said Property f. Resolution Authorizing Letters of Agreement with Law Enforcement Labor Services Locals No. 82 and 86 7. Appearance by Paul Hyde, Real Estate Recycling Regarding 2000 NAIOP Award of Excellence 8. Public Hearings a. Continued Public Hearing Improvement Project Nos. 2001- 01,02,and 03, Garden City North Street, Storm Drainage, and Utility Improvements - Resolution Ordering Improvements for Improvement Project Nos. 2001 -01, 02, and 03, Garden City North Street, Storm Drainage, and Utility Improvements *Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. b. Continued Public Hearing Regarding A Special Assessment for Delinquent Weed Removal Cost - Resolution Certifying A Special Assessment to the Hennepin County Tax Rolls • Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. 9. Planning Commission Item a. Planning Commission Application No. 2001 -004 Submitted by Brooklyn 55, LLC. Request for Preliminary Plat approval to subdivide into three new lots the property at 5445 Xerxes Avenue North containing the old Toys R Us building. The Planning Commission recommended approval of this application at its March 15, 2001, meeting. -Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -004 subject to the conditions recommended by the Planning Commission. * REVISED • CITY COUNCIL AGENDA -3- March 26 2001 10. Council Consideration Items a. Set Date and Time to Canvass Special Primary Election and Special Election *Requested Council Action: - Motion to set to April 18, 2001, at 5:00 p.m. and May 2, 2001, at 5:00 p.m. for the canvass of the Special Primary Election and the Special Election. b. An Ordinance Amending Chapter 23 of the Brooklyn Center Ordinances Relating to Courtesy Benches in the Right of Way • Requested Council Action: - Motion to approve first reading and set second reading and public hearing for April 23, 2001. C. An Ordinance Vacating June Avenue from 69 to 7& Avenue for Street Purposes (This item relates to the redevelopment project at 69 and Brooklyn Boulevard) *Requested Council Action: - Motion to approve first reading and set second reading and public hearing for April 23, 2001. ® d. Staff Report Re: Centerbrook Golf Course Storage Building - Resolution Ordering Improvement Project No. 2001 -14, Centerbrook Storage Building Construction, and Making an Appropriation • Requested Council Action: - Motion to adopt resolution. e. Metropolitan Council Request to Place Hollman Units in Brooklyn Center. • Requested Council Action: - Motion to continue discussion from February 26, 2001, meeting. f. Report on Brookdale • Requested Council Action: -None, report only. g. Resolution Authorizing Xcel Energy to Recover the Cost of Undergrounding Brooklyn Boulevard Electric Transmission Facilities by a Surcharge to Brooklyn Center Xcel Customers *Requested Council Action: - Motion to adopt resolution. *REVISED * CITY COUNCIL AGENDA -4- March 26 2001 h. Staff Report Re: Spring Flooding Potential • Requested Council Action: - Motion to Reaffirm Flood Contingence Plan 11. Adjournment I I City Council Agenda Item No. 6a 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 COMMISSION CHAIRS MARCH 5, 2001 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Commission Chairs at Brooklyn Center City Hall in Conference Room B and was called to order by Mayor Myrna Kragness at 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commission Chair Donn Escher, Park and Recreation Commission Vice -Chair Don Peterson, Housing Commission Chair Ernie Erickson, Planning Commission Chair ® Tim Willson, and Charter Commission Chair Harold Middleton. GENERAL DISCUSSION Financial Commission Chair Donn Escher discussed the Financial Commission generally reviews items referred by the City Council and is waiting for the Legislative Session to end to see if Brooklyn Center will be affected by any of the bills passed. Planning Commission Chair Tim Willson discussed that the Planning Commission continues to work on issues brought to their attention and that eventually the Planning Commission will be dealing with the Smart Growth process. Charter Commission Chair Harold Middleton discussed the election process for the Charter Commission and that there is one more position to be filled for the Charter Commission. Housing Commission Chair Ernie Erickson discussed that the Housing Commission continues to review Chapter 12 and that Senior Housing may be an issue the Housing Commission will be dealing with in the near future. 03/05/01 - -1- DRAFT Mayor Kragness discussed that she received a request from a faith -based group called Isiah looking for support from Brooklyn Center regarding affordable housing. Park and Recreation Commission Vice -Chair Don Peterson discussed that the Park and Recreation Commission continues to review plans for the renovation of the Civic Center and the new maintenance building at the golf course, the Park Destination Plan, the tours for 2001 of City Parks, and the 2002 Park Improvements Plan. Mr. Peterson informed the Council that the Park and Recreation Commission recently was presented with problems with snowmobiles at Twin Lakes and that the Park and Recreation Commission will work to help with the issue. Council discussed the construction of the new maintenance building at the golf course and the funding used for the building. Councilmember Nelson stated that he appreciates all the Commissioners and the help they provide. DISCUSSION OF APRIL 16, 2001, COMMISSION RECOGNITION Council discussed the Commission Recognition format used last year for the event to be held this year on April 16, 2001, at 7:00 p.m. Mayor Kragness asked the Commission Chairs if there is anything they would like to see done differently and suggested the Commission Chairs encourage all Commissioners to attended. General consensus was to follow the format used last year. MISCELLANEOUS Mayor Kragness asked the Commission Chairs if they believe this annual meeting with Commission Chairs is beneficial and would like to continue to have such meetings. Mr. Escher discussed that he thinks there is one thing missing and that is information from the Council regarding what is going to be coming up for the Commissions. Mayor Kragness discussed that the issues that are brought to the Commissions are issues that are new to the Council unless it is something that had been set for Council goals. Council and the Commission Chairs discussed Summer Chase, the 69 Avenue North development, and the Transit Hub in Brooklyn Center. Mayor Kragness requested that information be provided to the Council regarding the cost of the buyout for the 69"' Avenue North development, and Councilmember Peppe requested that along with that information a portion be provided regarding the pay back to show the investments produced from the project. I 03/05/01 - -2- DRAFT Mr. McCauley discussed the closing of the Northbrook Liquor store at the end of March, the upcoming change of 12 -hour shifts for police officers, and the appeal that was filed regarding Officer John Barlow. ADJOURNMENT The meeting adjourned at 8:10 p.m. City Clerk Mayor 03/05/01 - -3- DRAFT . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 12, 2001 CONFERENCE ROOM B 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 and Ed Nelson. Councilmember Bob Peppe was absent and excused. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Police Chief Joel Downer, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Michael McCauley discussed Economic Development Authority (EDA) agenda item 4a, Resolution Approving Amended and Restated Development Agreement and Assignment of the Same, and requested direction from the Council as to how they would like to proceed with the item. Council discussed the item and the possibility of having the language amended in section 6.1 (g). After further discussion it was the consensus of the Council to have the language amended in section 6.1 (g) and Mr. McCauley made the amendment to the item so that the item would be amended before the EDA meeting. Council discussed agenda items 7d, Public Hearing on Proposed Use of 2001 Urban Hennepin County Community Development Block Grant (CDBG) Funds, and 8a, Review of Chapter 1 — Animal Ordinance. CHIEF DOWNER Police Chief Joel Downer was present to discuss the procedure the Police Department uses for dog licensing and the request to eliminate the licensing of animals in the City of Brooklyn Center. REQUEST FOR TRUNK HIGHWAY 610 PROJECT • There was no discussion on this item. 03/12/01 -1- DRAFT MISCELLANEOUS 40 There were no miscellaneous items discussed. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the study session at 6:49 p.m. City Clerk Mayor 03/12/01 -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 MARCH 12, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:49 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman and Ed Nelson. Councilmember Bob Peppe was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Chuck Lenthe, 7007 Irving Avenue North, addressed the Council to discuss the following items: code enforcement procedure, street maintenance, and the City's Zoning Ordinance. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION Mayor Kragness 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 7:03 p.m. 03/12/01 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman and Ed Nelson. Councilmember Bob Peppe was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Police Chief Joel Downer, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that on March 5, 2001, she attended a ceremony introducing two new police officers and on March 6, 2001, she attended the Northwest Human Rights Coalition meeting. She informed the Council that there would be an artwork competition and that the artwork will be displayed in the Chambers on March 26, 2001, the Heritage Festival Celebrating Our Roots Educationally (CORE) event would be held on March 18, 2001, from 12:00 p.m. to 5:00 p.m. at Park Center Senior High School, and on April 24, 2001, School District No. 281 will have a presentation on violence prevention. Councilmember Nelson reported that on March 27, 2001, he attended the Earle Brown Days Committee meeting, a Prevention Forum on Drug Trends for 2001, and on March 6, 2001, the Year 2000 Celebration Committee meeting. Mayor Kragness read a letter received commending the City Council regarding the option chosen for Halifax Drive. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the February 26, 2001, study and regular sessions. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. 03/12/01 -2- DRAFT MECHANICAL Assured Heating A/C 514 Jefferson Highway, Champlin Carver Mechanical, Inc. 116 Peavey Road, Chaska Excel Air Systems 2075 Prosperity Road, Maplewood M & D Plumbing & Heating Inc 11050 26"' Street NE, St. Michael St Marie Sheet Metal, Inc 7940 Spring Lake Park Road, Spring Lake Park Sedgwick Heating & A/C 8910 Wentworth Avenue South, Minneapolis Superior Contractors 612142"' Avenue North, Crystal RENTAL Renewal: Maranatha Place Center Park Senior Apartments, Inc. TAXICAB James Ledlum 6808 Candlewood Circle, Brooklyn Park 6c. APPROVAL OF APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENE (BINGO/RAFFLE) FOR AN EVENT TO BE HELD AT THE EARLE BROWN ELEMENTARY SCHOOL ON APRIL 6, 2001 A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve an application for exemption from lawful gambling license (bingo /raffle) for an event to be held at the Earle Brown Elementary School on April 6, 2001. Motion passed unanimously. 6d. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2001-32 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. . 03/12/01 -3- DRAFT I I 6e. APPOINT ELECTION JUDGES TO SERVE IN APRIL 17, 2001, SPECIAL PRIMARY AND MAY 1, 2001, SPECIAL ELECTION A motion by Councilmember Nelson, seconded by Councilmember Lasman to appoint the following election judges to serve in the April 17, 2001, Special Primary and May 1, 2001, Special Election. Motion passed unanimously. Peggy Anderson Joyce Iverson Ethel Pettman Clarence Beadles Donna Jarl Nancy Rademacher Carol Benkofske Lora Jefferson Joann Reavely Eleanor Bentzen Betty Johnson Beth Rygh Violet Bloomquist Jackie Justesen Ralph Saline Karen Bolstad Virginia Lebus Terri Sibben Kay Brosseau Marie Kahnke Marjorie Silver Caroline Burley Kermit Klefsaas Clayton Thiebault Ann Bystrom Joseph Lampe Mary Thiebault Doris Chapman Earl Larsen Rose Mary Thielman Charlotte Chermak Joyce Lindquist Lea Torkelson Lamonte Dehn Warren Lindquist Luella Torrence Lois Froebel Ernee McArthur Gloria Voeltz Joyce Gebhardt Dick Mero Catherine Wetzel Don Gillquist Don Metzger William Zieska Trudi Gores Shirley Moore Lorraine Halter Marvin Nemec Mary Ann Hilger Mary Nemec Mona Hintzman Dorothy Nyberg Shirley Hoff Angie Olson Ray Hokenson Betty Olson Pat Hotchkiss Delores Olson Loretta Huberty Doris Patterson 7. PUBLIC HEARINGS 7a. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINUENT WEED REMOVAL COSTS, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 03/12/01 -4- DRAFT - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS City Manager Michael McCauley discussed that the series of public hearings are to consider certification of proposed special assessments and that all potentially affected property owners had been notified by certified mail of the date of this public hearing, with the exception of those persons with delinquent public utility service accounts. Those property owners had been notified by first class mail. Mr. McCauley suggested before opening the public hearing that the property at 6332 Regent Avenue North be removed from the Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to the Hennepin County Tax Rolls, and that the Council may still consider the approval of the resolution with the amendment to remove 6332 Regent Avenue North from the resolution. The public hearing will need to be continued if the Council would approve the resolution with that amendment. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. ® A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing and continue the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-33 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-34 Councilmember Lasman introduced the following resolution and moved its adoption with the amendment to remove 6332 Regent Avenue North: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 03/12/01 -5- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-35 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7b. AN ORDINANCE RELATING TO TELECOMMUNICATIONS ANTENNAS IN THE RIGHT OF WAY; AMENDING BROOKLYN CENTER CODE SECTION 25 -1008, SUBD. 3 AND ADDING NEW SUBDIVISION 5 TO SECTION 25 -1006 Mr. McCauley discussed that the ordinance relating to the telecommunications antennas in the right of way would be amended to allow the Director to limit the height of any above ground facility either above a minimum or below a maximum height, and restrict antenna facilities in the right of way to mounting on existing structures. • A motion by Councilmember Nelson, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-04 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE RELATING TO TELECOMMUNICATIONS ANTENNAS IN THE RIGHT OF WAY; AMENDING BROOKLYN CENTER CODE SECTION 25 -1008, SUBD. 3 AND ADDING NEW SUBDIVISION 5 TO SECTION 25 -1006 The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. I 03/12/01 -6- DRAFT 7c. AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES Mr. McCauley discussed that the ordinance amending the penalty sections of the City Ordinances to reflect the changes in Minnesota Statutes would allow the City to raise the maximum potential fines for violations previously at $700 to $1,000. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001-05 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING THE PENALTY SECTIONS OF THE CITY ORDINANCES OF BROOKLYN CENTER TO REFLECT THE CHANGES IN MINNESOTA STATUTES The motion for the adoption of the foregoing e was duly seconded b p g g ordmanc y y Councilmember Lasman. Motion passed unanimously. 7d. PUBLIC HEARING ON PROPOSED USE OF 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS - RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Mr. McCauley discussed the proposed use of the 2001 Urban Hennepin County Community Development Block Grant (CDBG) Funds that will be funded as follows: $206,294 to rehabilitation of private property, $22,500 for household outside maintenance for the elderly (H.O.M.E.), and $13,500 to the Community Emergency Assistance Program Inc. (CEAP) before requesting the public hearing to be opened. 03/12/01 -7- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Stephen Klein, CEAP Executive Director, addressed the Council to share that CEAP is very appreciative for the City's funding and that the program has been everything they expected it to be. Bill O'Meara, Home Rehab Specialist from Community Action for Suburban Hennepin (CASH), addressed the Council to discuss what CASH offers and to request the City Council to consider funding $4,000 for CASH in 2002. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-36 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2001 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Mayor Kragness. Councilmember Lasman abstained from the vote due to a conflict of interest. Motion passed. 8. COUNCIL CONSIDERATION ITEMS 8a. REVIEW OF CHAPTER 1— ANIMAL ORDINANCE 1. ORDINANCE AMENDMENT TO CHAPTER 1 REGARDING PRIVATE KENNELS AND CHAPTER 19 REGARDING LIMITIATIONS ON KEEPING OF ANIMALS 2. ORDINANCE LANGUAGE AMENDMENTS Mr. McCauley discussed the proposed ordinance amendments to Chapter 1 and Chapter 19 of the City's Ordinances would eliminate private kennel licenses, amend the limitations on keeping of animals, and eliminate dog licensing in the City of Brooklyn Center and suggested that the Council discuss and continue the discussion to a later date when there would be a full Council to make any decisions. 03/12/01 -8- DRAFT , Police Chief Joel Downer was present to discuss the proposed amendments to the Ordinances regarding the elimination of licensing animals and the summary of the consultation with Dr. Robert K. Anderson, D.V.M., Professor Emeritus of the University of Minnesota, School of Veterinary Medicine. Council discussed the proposed ordinance amendments and the information provided by Chief Downer. Councilmember Lasman stated that she believes it would be wise to amend the ordinance to two dogs per household and that time to come in compliance should be added to the proposed amendments. Mayor Kragness stated that she was in favor of setting a date to come in compliance which would help in getting the word out to the Community about the ordinance. Councilmember Nelson stated that he believes the ordinance should be amended to a total of four animals total, two dogs and two cats. Mayor Kragness discussed that this issue will be continued to a later Council meeting. 8b. RESOLUTION REQUESTING ADVANCED DISBURSEMENT OF MUNICIPAL STATE AID FUNDS FOR STREET RECONSTRUCTION Mr. McCauley discussed that this resolution would request that the Commissioner of Transportation approve an advance for financing of approved Minnesota State Aid Street Projects in the City of Brooklyn Center of an amount up to $300,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Fund for Brooklyn Center. Councilmember Nelson raised a uestion regarding why the projects are outstanding. Mr. McCauley q g g Y P J g and Public Works Director Diane Spector responded to the inquiry informing Councilmember Nelson that the projects are complex and that there is a lot involved which holds back the finalization of a project. Mayor Kragness asked if there would be future problems regarding this same issue. Ms. Spector informed the Council that the Capital Improvements Program for 2002 has several scheduled State Aid Projects and that in 2003 -2005 the State Aid Projects are smaller. RESOLUTION NO. 2001-37 Councilmember Lasman introduced the following resolution and moved its adoption: 03/12/01 -9- DRAFT I RESOLUTION REQUESTING ADVANCED DISBURSEMENT OF MUNICIPAL STATE AID FUNDS FOR STREET RECONSTRUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8c. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS Mr. McCauley discussed that this resolution would authorize the City Manager to write -off uncollectible accounts receivable in the amount of $210.54 and returned checks in the amount of $2,049.85. RESOLUTION NO. 2001-3 8 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8d. RESOLUTION DESIGNATING APRIL AS CHILD ABUSE AND NEGLECT PREVENTION MONTH Mayor Kragness read the resolution that would designate April as Child Abuse and Neglect Prevention Month. RESOLUTION NO. 2001-39 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING APRIL AS CHILD ABUSE AND NEGLECT PREVENTION MONTH The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 03/12/01 -10- DRAFT 8e. SET DATE AND TIME OF CITY COUNCIL WORKSESSION Mr. McCauley requested that the City Council schedule orkses i n y q ty edule a general w s o for Monday, April 2, 2001, at 6:00 p.m. A motion by Councilmember Lasman, seconded by Councilmember Nelson to set April 2, 2001, at 6:00 p.m. for a general worksession. Motion passed unanimously. � 9. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:56 p.m. Motion passed unanimously. City erk Mayor or Y • 03/12/01 -11- DRAFT i City Council Agenda Item No. 6b OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: March 21, 2001 ..✓✓II �� 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 March 26, 2001. MECHANICAL Condor Fireplace and Stone 8282 Arthur Street NE, Spring Lake Park Enviro Design Group P.O. Box 386302, Minneapolis t Golden Valley Heating 5182 West Broadway, Crystal Louis Degidio, Inc 21033 Heron Way, Lakeville Residential Heating and A/C 1815 East 41" Street, Minneapolis SouthTown Refrigeration 5610 W 36 Street, St. Louis Park RENTAL Renewal: 3018 51St Avenue North Paul Henkel 3612 55 Avenue North Lutheran Social Service 1100 69 Avenue North Lutheran Church of the Master 6018 Admiral Place Lutheran Social Service 4700 Lakeview Avenue North Nancy Dahlquist Carrington Drive Apartments Norman Chazin 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 Rl� City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 fil City Council Agenda Item No. 6c ��p01(LY8 C6HT� BROOKLYN CENTER � POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police.. DATE: March 19, 2001 SUBJECT: Application (Excluded Bingo) - Willow Lane PTA On March 19, 2001, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Willow Lane PTA. This application is for an event to be held on March 30, 2001 at the Willow Lane Elementary School located at 7020 Perry Ave N within the city of Brooklyn Center, Minnesota. This application has been approved and returned to the Willow Lane PTA who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh City of Brooklyn Center A great place to start. A great place to stay. March 27, 2001 Department of Gaming Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 West County Road B Roseville, MN 55113 To Whom It May Concern: The City of Brooklyn Center has received and reviewed the Application for Authorization to Conduct Excluded Bingo from the Willow Lane PTA for an event to be held on March 30, 2001 at the Willow Lane Elementary School located at 7020 Perry Ave N within the city of Brooklyn Center, Minnesota. The City of Brooklyn Center has waived the 30 day period to withdraw our approval. Should you have any questions regarding the waiver, please feel free to contact me at 569 -3300. Sincerely, Sharon Knutson City Clerk SK:kh • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 03/20/01 08:26 WILLOW LANE ELEMENTARY 4 95610717 NO.178 D01 District WILLOW LANE EUMENTARY SCHOOL 7020 Perry Avenue North ��� Brooklyn Center, MN 55429 _ OSSEO AREA SCHOOLS � Mrs. Linda Perdaems, Principal � Telephone: (763) 561 -9272 FACSIMILE COVER LETTER © Y �L` h C' DATE: TO : (Yl FROM: 1 Ck MrYV' ! t J Willow Lane Elementary Independent School District #279 1020 Perry Avenue N. Brooklyn Center, MN 55429 FAX # 549 -2420 TOTAL PAGES (including this page): MESSAGE: y it A�� , (�+ 47 � - CONFIDENTIALITY NOTICE y be The information contained in this ffo,rltheeuse the CONFIDENTIAL, and is intended y or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to notifi that deliver it to the intended recipient, Yo in of this communication any dissemination, 'distribution, or copy g If you have received this is strictly prohibited. phone, and return in error, please immediately notify us by telephone, the original message to us at the address above via the U.S. . Postal Service INDEPENDENT SCHOOL DISTRICT 279 Dr, L. Chris Richardson, Superintendent of Schools 03/20/01 08:26 WILLOW LANE ELEMENTARY 4 95610717 NO.178 D02 Page 1 of 2 Minnesota Lawful Gambling 8 /00 tion to Conduct N Excluded Bing el, LG240B - Applica o applyforexcludedbingo. if your organization has been licensed or exempted in the current calendar year, you a e n 9 ibie � fee) , or anization Information Previous authorization number, if any lily g of state or internal Revenue Service) Dsc�- Organization Name (as it appears on documentation filed with Minnesota Secretary )"'P.r'�- St t-� (� /� 5�„¢ wI l Q �0 ! {�Y f y AVR N - Zip code County k city State � ' I\A t� 55 i.� 2 ale n►� ► n �'' �,va t g 3r�ok�u�, Ceir�� S Type of nonprofit organization (check one): � Fraternal [] veteran C , - _` � PTA) `('Other nonprofit organization > rK� Type of proof of nonprofit - atta�c copy (see instructions): rj Certificate of Good Standing - Minnesota Secretary of State's Office internal Revenue Service Affiliate of parent nonprofit organization (charter) Excluded Bingo Activity Information Has your organization held a bin o event in the curt 7a, st year? �� t7 -x000 yy SC`10o� l QQ No —_ Yes,C if yes, lisI the hat bingo was conducted The bingo event will be one of four or fewer bingo events held this y ea r , 3. ( - C nq! cis rM. e v Date(s) of bingo - 0 = U -OR- The bingo event will be conducted (up to 12 consecutive days) in connection with a: O County Fair - - - - -- Date(s) of bingo event State Fair --- Date(s) of bingo event Civic Celebration - Date(s) of bingo event Z: 1: � i t r c N`l; Name of person in charge of the bingo event Daytime Phone l � Premises Where Excluded Bingo Will Be Co nducted Name of premises 'Sc h00 Street addres �/ l l l �w lS��nft c_ � 2 m P � ��c �.� s `( U 20 P ie N • county • City or township 7 4 r M P 1 ` , M N -- q Be sure to complete page 2 03/20/01 ee:2 WILLOW LANE ELEMENTARY 4 95610717 NO.179 D03 1 Page 2 of 2 LG240B - Application to Conduct Excluded Bingo 8 /00 Organization Name — ----- � Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Phon / e ` nuurn Chief executive ofncVs signatus - Dale t iq Name (please Local Unit of Government Acknowledgment and Approval ' Ilcation. If the gambling premises is within citY limits, the city must sign this app t On behalf of the city, I hereby approve this - co G F�� �� ��' ^ QA -" application for excluded bingo activity at the print name of city premises located within the city's jurisdiction. Signature of . city personnel receiving application wnship must sign this application. If the gambling premises is located in a township both the county and to For the township:, On behalf of the township, I acknowledge that the organization is. applying for Print name of township excluded bingo activity within the township limits. A township has no statutory authority to approve or Signature of township official acknouNedging application deny an application (Minn. Stat. sec. 349.213, subd. Title------ 2) ----- �—"' —___ -- For the count +r On behalf of the county, I hereby - _----- - - - --- approve this application for excluded bingo activity print name of county at the premises located within the county's location jurisdiction. (Signature of county personnel receiving app' form and any applying for an authorization remains private, wi►hh will remain n P bl cr This form Will tx made available in eltemative formal (,e. large print, Braille) an authorization all the information you have provided in the process or upon request. The information requested on this f t goardmembers, and attachments) will be used by the Gambling Control Board (Board) to Pnmatedataoebo deto utycuarea aiisbleordytoth�101Mn9 mtine your qualifications to be Involved infav+fe infom+ation requested; Minnesota. You have the right to refuse to Supply Lo info the Mi ne o Depa meet of P b0c af Se safety; he however, if You refuse to supply this information, the Board may not b¢ able to determine your qualifications and, as a consequence, may refuse Minnesota Attorney General; the Minnesota C o a to issue you an authorization. IP you supply the information requested, the Administration' Finance, and Reve the Minnesoc Legislative pursuant /call authorized Board will be able to process your application national and international gambtin regulatory ag Y Your name an nyeCeived b organ tne Board AN the othertlniornation tthatyou by�state or federal law have acccess to the nformatl onf individuate and ress will, be public to Y d anyone with your consent. iven; an provide will be privat d Board Issues unti a the B oard S ae of the information a lter this rvo lce g or authorizes a new use or snaring o information when authorization. When Information that you have provided to the Board In the process of applying for your authorization will become public. If the Board does not issue you Mail Application and Attachment(si r proof of nonprofit status at least 30 days prior to the Send the completed application and a copy of you activity date to: • Gambling Control Board Suite 300 South 1711 W. County Rd. B Roseville, MN s511$ If your application is denied by the local unit of government, do not send the application to the Gambling Control Board. City Council Agenda Item No. 6d Nlill 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 23, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY PARTICIPANTS Prepared by Carl H. Neu, Jr. January 24, 2001 © Neu and Company and the Center for the Future of Local GovernanceTM, 2001 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 23, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. January 24, 2001 I. INTRODUCTION On January 23, 2001, the members of the City Council, City Manager, and Assistant City Manager participated in a City Council Workshop. This workshop provided an opportunity for the participants to review the overall performance of the Council, the goals established for the year 2001, and the processes to be used for the annual goal- setting session set for August 11, 2001, and providing new Council- member orientation after the election on May 1 st to fill a vacancy on the Council. A copy of the Workshop Agenda and participant materials is attached as Appendix A. H. KEY CONCLUSIONS AND OBSERVATIONS MADE BY THE PARTICIPANTS A. General Team Building: Review of Council Performance and Relationships 1. Council Performance: effectiveness in addressing and resolving issues. Council members were asked to identify those areas where issues have been addressed and resolved effectively and those areas where attempts to address and resolve issues may have encountered obstacles or seem to be floundering. 1 Items Addressed and Resolved Issues Where Obstacles or Effectivelv Frustrations were Encountered • Big picture goals Brookdale established,communicated, and being achieved • Citizen concerns seem to • Old Police Department/ be moving away from big Community Center issue items toward smaller issues and concerns indicating that citizen confidence is growing because Council is seen to be addressing big issues • Citizen satisfaction seems • 69th and Brooklyn to be on the increase with Boulevard fewer complaints being . received and greater focus being given by the citizens to City projects • Overall, the City is seen to Redefining the dog be "working well" ordinance • Responding and listening to citizen input • Impact on staff time resulting from "smaller issues" • Long -term financial picture /framework • Appropriate staff alignments i 2 • Review of Boards and Commissions in terms of making them more effective consistent with City needs and opportunities for citizen participation 2. Discussion pertaining to issues identified above that have not been addressed or resolved completely or have encountered certain obstacles. The following observations were made to some of the issues identified above that have encountered obstacles or have not been completed fully. a. Brookdale Essentially this is seen as the City being "locked in" to an agreement in which a number of the elements affecting the future of Brookdale are not under the City's direct control. Secondly, the City is seen not to have a long -term exit strategy relative to the Brookdale issue. b. Old Police Department/Community Center Basically, the factors are: • There is a fixed amount of money allocated by Council to deal with the remodeling of the old Police Department and Community Center. • There are a number of unknowns and what if s that will affect potential outcomes, designs, and choices. C. 69th and Brooklyn Boulevard The following factors were identified: • Until construction is done on the 69th and Brooklyn Boulevard intersection, it is hard to address issues with high levels of confidence pertaining to land use and other factors that will occur in the area. • 3 • It may be appropriate "to wait" until the Boulevard construction is done before addressing subsequent issues affecting the area. d. Redefining the dog ordinance The primary issue here seems to be two -fold: • Council's comfort levels with various options available to it • Establishing a definite number of animals permitted per household • Council needs to resolve this issue quickly. The other issues on the list were discussed briefly with no specific conclusions reached as to how the issue may be resolved more quickly. 3. Working Relationships Within Council Basically, the Council members were unanimous in their conclusion that working relationships within the Council are seen as being "good ". Factors that indicate relationships are going well include: • A definite lack of partisanship within the Council • The Council's commitment to civility • Council's focus on "big picture" items. A primary factor that could affect the working relationship in the future is the introduction of a new Council member who will be elected on May 1 to fill a vacancy. This item is not seen as a negative, but a realization that whenever a new member comes into the Council, there is a period of accommodation and establishing new working relationships among all five Council members. B. Review of 2001 Goals and Approaches to Implementation The City Manager reviewed briefly the 11 goals adopted by the City Council for the year 2001. It was concluded, generally, that the goals and implementation steps were appropriate. Additional comments were made relative to three goals: ® 4 1. Goal No. l: The Council would like to have more proactive "monitoring" of developer performance relative to progress being made on Brookdale. It was recommended that this monitoring might consist of a monthly report outlining specific progress being made. 2. Goal No. 5: This goal deals with construction of the community center and city hall. Much of the discussion relative to this is outlined above in this report. 3. Goal No. 10: This goal focuses on traffic calming efforts to be carried out throughout the City. The City Manager indicated a need for more specific information from the Police Department so that measurable and reportable efforts and plans could be established by which the Council and community could evaluate improvements being achieved relative to the implementation of this goal. C. Discussion of Annual Goal- Setting Session • An outline of the process that was used for establishing goals for the year 2001 was reviewed. Council concluded that the same format for establishing goals should be used at the August 11, 2001, goal- setting session. D. New Council Member Orientation Council members concluded that the policies and procedures established for providing information to Council member candidates and newly- elected Council members should be the same as used for Council elections conducted in November, 2000. E. District 286 Elementary School and Grand View Park E The City Manager presented some conceptual ideas pertaining to how the City and the School District could work together to create constructive options beneficial to both jurisdictions. Council concluded that the Manager should explore these options with the District and report back as to what opportunities ortunities have been identified p warranting future consideration by the City and the School District. i 5 . CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP January 23, 2001 2:00 - 8:00 p.m. WORKSHOP AGENDA 1. General Team Building a. Approaches to issues as a Council i. How are we doing? ii. What would we like to be doing? 2. Review 2001 Goals and approaches to implementation a. Council roles in achieving b. Staff roles 3. Discussion of annual goal setting session a. Format from last year b. Any changes /additions 4. New Council Member orientation a. Guidelines for providing information to Council candidates b. New Council Member orientation C. Staff information to be assembled and provided to the new Council Member 5. District 286 elementary school and Grandview Park 6. Other issues 7 City Council Agenda Item No. 6e March 19, 2001 MEMO TO: Michael J. McCauley, City Manager FR Jane A. Chambers, Assistant City Manager SUBJE Surplus Property at Northbrook Liquor Store The Northbrook Liquor Store will be closing in the final week of March. The Acting Liquor Operations Manager has identified surplus goods that cannot be used at the remaining Brooklyn Center Liquor Store at Cub, and requested authorization to attempt to sale these items. An ad for the items was placed in the League of Minnesota Bulletin. Robbinsdale Municipal Liquor would like to purchase a wine cooler for the sum of $300. Another buyer has approached the Store Manager with a proposal for the beer cooler. The buyer's name is unknown to us, the person making the offer on his or her behalf is Dan Vang. Mr. Vang is the current owner's representative for the Hmong American Shopping Center in which Northbrook is located. Mr. Vang has been told that we would sell the goods only if we receive a cashier's check. The amount agreed upon for the beer cooler is $2500. We have received no other offers for these goods, and therefore, suggest that the items be sold as offered by Mr. Vang, and by Robbinsdale Municipal Liquor. We anticipate that the items will be claimed on either March 27 or March 28, 2001. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY WHEREAS, the Northbrook Liquor Store will be closed as of March 31, 2001; and WHEREAS, the following items cannot be used in any capacity at the remaining Brooklyn Center Liquor Store; and WHEREAS, a buyer for this property has agreed to provide a certified cashier's check and has offered the City of Brooklyn Center $2500 for following item: Beer Cooler WHEREAS, a buyer for the following item has offered $300: Two -Door Wine Cooler S NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the surplus items consisting of the beer cooler and a two -door wine cooler are hereby declared surplus property and are hereby authorized for sale. 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. 6f Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING LETTERS OF AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES LOCALS NO. 82 AND 86 WHEREAS, attached hereto and incorporated herein by reference is Exhibits A and B are Letters of Agreements with Law Enforcement Labor Services Local 82 and 86 that would amend the collective bargaining agreements with each of -those two unions to address issues related to 12 hour shifts; and WHEREAS, the substantive change in the Letters of Agreement actually impacting the contracts would be the provision of holiday leave in blocks, rather than around the named holidays; and WHEREAS, the proposed Letters of Agreement appear to be reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Mayor and City Manager be and hereby are authorized to enter into the Letters of Agreement set forth as Exhibits A and B to this resolution. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • EXHIBIT A LETTER OF AGREEMENT This agreement is entered into between Law Enforcement Labor Services, Inc., Local 82 and the City of Brooklyn Center. The Police Department of the City of Brooklyn Center wishes to implement a schedule with twelve hour per day shifts. The adoption of this schedule will affect the current labor agreement. The parties have met and discussed the matter and agree to change the following provisions of the labor agreement to the language specified below. ARTICLE 10 - Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: (a) hours worked on assigned shifts, (b) holiday hours, (c) assigned training, and (d) authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11- Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: (a) oral reprimand; (b) written reprimand; (c) suspension: (d) demotion; or (e) discharge. 11.2 Suspensions, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of is discipline during that 18 month period. EXHIBIT A ® 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 26 - Holiday Leave 26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1 St of each calendar year beginning on January 1, 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. In 2001, employees will receive eight (8) hours of holiday leave per month beginning April 1, 2001, and shall be advanced seventy -two (72) hours of holiday leave on April 1, 2001. In the event an employee is not employed for the entire period April 1, 2001 through December 31, 2001, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. 26.2 Employees may use holiday eave with the approval of the Employer. PP P Y 26.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veterans Day, Columbus Day, Martin Luther King Day, or President's Day shall receive one and one -half (I V2) times the employee's regular pay rate for all hours actually worked during the named holiday. 26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 26.5 An employee may request a holiday off, which they are required to work, prior to fourteen (14) calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 26.6 Employees beginning employment after January 1 St of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of holiday leave hours equal to eight (8) hours multiplied by the number of whole months • they will work through December of the year in which they were first employed. EXHIBIT A 26.7 Any holiday leave not used on or before December 31 of each year will be deemed forfeited and shall not carry over into the next calendar year. The above language constitutes the complete agreement of the Parties regarding changes to the labor agreement as a result of implementation of the new schedule. For the City of Brooklyn Center: For Law Enforcement Labor Services, Inc.: Date Date Date Date EXHIBIT B LETTER OF AGREEMENT This agreement is entered into between Law Enforcement Labor Service, Inc., Local 86 and the City of Brooklyn Center. The Police Department of the City of Brooklyn Center wishes to implement a schedule with twelve hour per day shifts. The adoption of this schedule will affect the current labor agreement. The parties have met and discussed the matter and agree to change the following provisions of the labor agreement to the language specified below. ARTICLE 10 - Work Schedules 10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by each employee through: (a) hours worked on assigned shifts, (b) holiday hours, (c) assigned training, and (d) authorized leave time. 10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the actual hours used for such leave based on the time that the employee would otherwise have been scheduled to work. 10.3 Nothing in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE 11- Discipline 11.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: (a) oral reprimand; (b) written reprimand; (c) suspension; (d) demotion; or (e) discharge. 11.2 Suspensions, demotions, and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual. personnel files at reasonable times under the direct supervision of the Employer. 11.5 A single disciplinary action for failure to attend training, court or tardiness will be removed from the personnel file after 18 months if, during that time, the single incident of discipline for failure to attend training, court or tardiness, is the only occurrence of discipline during that 18 month period. • i EXHIBIT B 11.6 Discharges will be preceded by a five (5) day suspension without pay. 11.7 For purposes of discipline, a day will mean eight (8) hours. 11.8 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 12. ARTICLE 25 - Holiday Leave 25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety -six (96) hours of holiday leave shall be advanced to employees on January 1 St of each calendar year beginning on January 1, 2002. In the event an employee is not employed for the entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for each full month that the employee will not have worked in that calendar year. In 2001, employees will receive eight (8) hours of holiday leave per month beginning April 1, 2001, and shall be advanced seventy -two (72) hours of holiday leave on April 1, 2001. In the event an employee is not employed for the entire period April 1, 2001 through December 31, 2001, the employee's holiday leave shall be reduced by eight (8) • hours for each full month that the employee will not have worked in that calendar year. 25.2 Employees may use holiday leave with the approval of the Employer. 25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence Day or Labor Day shall receive 1 1 /2 times the employee's regular pay rate for all hours actually worked during the named holiday. 25.4 An employee who works on New Year's Day, Thanksgiving Day, or Christmas Day shall receive two times the employee's regular pay rate for all hours actually worked during the named holiday. 25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours worked on holidays when such work is part of the planned schedule. 25.6 An employee may request a holiday off, which they are required to work, prior to fourteen (14) calendar days before the holiday. The Employer shall post the open holiday shift to be filled by another employee at the holiday rate of pay. The employee making the request for the holiday off is responsible for working the holiday if the posting is not filled five (5) days prior to the holiday. 25.7 Employees beginning employment after January 1 St of a calendar year shall receive eight (8) hours of holiday leave per month beginning on the first month in which they are working as of the first day of that month. Such employees shall receive an advance of EXHIBIT B holiday leave hours equal to eight (8) hours multiplied by the number of whole months . they will work through December of the year in which they were first employed. 25.8 Any holiday leave not used on or before December 31" of each year will be deemed forfeited and shall not carry over into the next calendar year. The above language constitutes the complete agreement of the Parties regarding changes to the labor agreement as a result of implementation of the new schedule. For the City of Brooklyn Center: For Law Enforcement Labor Services, Inc.: Date Date Date Date • City Council Agenda Item No. 7 i 2000 N Awards of Excellence Commercial real estate developers association works hard to ensure integrity of process hat makes for great real estate? into the equation. Excellence received 54 entries, represent- Is it the architecture? Certainly, These were the questions facing the ing the majority of new developments in first impressions are important judges for the 2000 National Association the Metro Area, in 12 different categories, but aesthetics alone can't make up for of Industrial and Office Properties ( NAIOP) from multi- tenant office buildings over cramped accommodations. What about Awards of Excellence. The awards have 100,000 square feet to repositioned or layout and design? Does the building allow been a set piece of the Twin Cities - chapter renovated properties. Evaluating these you to change and adapt to new trends of NAIOP since 1985 when the first event many varieties of real estate were four and space requirements, for example, to took place. In that year, there were just a teams of judges, accommodate new technologies? And, if handful of entrants and a single team of As the Twin Cities' professional organi- you're a real estate owner or developer, judges to select a winner. zation for real estate developers, NAIOP's economic returns should also be factored Fifteen .years later, the 2000 Awards of reputation is on the line each time it con- C70 Carlson Center GENERAL CONTRACTOR Carlson Center is a commanding t presence on the skyline with elegant Your Design -Build Contractor for Over 30 Years construction, manicured gardens and walking trails all surrounded by a Con*uctton 70, Inc. - 282 Anthony Lane South - Mlnnsap its, MN 55418 reflecting lake setting. Phone: 612781.0100 - Fax 612781.0123 - www,conshuction70.com Form i do mfion contact Scott Thompson, President orJayFeider, Nce President The 601 Tower at Carlson Center is a multi- tenant building that provides a spectacular corporate environment. itut�oere#itefb'p�o etY. ,trr�rusiness`acquon ' ` Image you deserve and quality you expect in the ultimate . ? : :*Jane M.yl/ ilia rd;' suburban location ­601 Tower at Carlson Center 113,jeauKin "bininess; E�Pro eats of experience ' r ,p ASSESSMENT CORP..' l 796 Cleveland AVe S. Suite 211 For leasing information, contact: St.'Paul, MN 55116 CB ® Richard Ellis Bill Rothstein or Brian Wasserman • •' • .. 952- 924 4666 E-mail: janewillard@usa.net - r 2 0 0 0 N A I 0 P A w a r d s o f E x c ell e n c e s� x+ ,11 J1Iwt; Category: Industrial Build- to-Suit, less than 200,000 s.f, - i ,•� ��i� i� ii t I� ++'Iil,t1'i� II u lllltl - � +f�illl t Winner: Belae Brands, Inc. Location: 1 150 Gateway Drive, Shakopee Company: First Industrial Realty Trust, Inc. The 153,000 square foot Belae Brands project is the latest major development in the r fj{ Shakopee market. Building characteristics of higher ceilings, wider columns, deeper truck +!: li • f i courts and thicker, reinforced floors in the warehouse were carefully calculated as being the next wave of industrial development in the Twin Cities area. The design is such that it could - -•w -= :�._ - • -- =� .- a•�� = be reconfigured, at a future date, to accommodate four tenants of approximately 35,000 square feet, at minimal cost. The colored aggregate panels with architectural reveals help soften the appeal of such a large- paneled building. The soft, neutral colors of the east side "store front" are attractive and help the facility blend in with the landscape design and the natural surroundings to the east. All components of the warehouse configurations, including the 36' clear height, were designed to provide the tenant with the utmost in economic value, while ensuring efficiency and safety. _t (Belae Brands, Inc.) Structural Engineer: McConkey and Associates Developer: First Industrial Realty Trust, Inc. Mechanical Engineer: Associated Mechanical Owner: First Industrial Realty Trust, Inc. Landscape Designer: Lan -De -Con t- Architect: Pope Associates, Inc. General Contractor: Westin Construction r ` Civil Engineer: Howard R. Green Company Category: Industrial Build -to -Suit, more than 200,000 s.f. Winner: Wickes Distribution Center Location: 4837 Azelia Avenue N., Brooklyn Center Company: Real Estate Recycling LLC At a time when most new distribution centers are being built on the outskirts of the Twin Cities, the 203,000 square foot Wickes Distribution Center is uniquely positioned within the 494/694 loop on Highway 100, which is currently being upgraded into a freeway. Located on a federal and state superfund site, it is one of the first redevelopments of a superfund site in the United States. The project featured complexity at all angles: real estate, which included a ground lease; con - struction, including massive soil correction and incorporation of groundwater cleanup system into the development environmental cleanup and regulatory approvals. However, the results were worth the effort. Eighty new jobs have been added and over $7.5 million in new tax base has been created in a city desperate for growth. Finally, an abandoned, blighted site is once again productive. (Wicks Distribution Center) Mechanical Engineer Associated Mechanical Developer Real Estate Recycling LLC Landscape Designer Arteka owner: Real Estate Recycling LLC interior Designer: Ryan Companies US, Inc. Agent for Owner: CB Richard Ellis General Contractor: Ryan Companies US, Inc. (Peter Mork, John Ryden, Steve Nilsson) Environmental Consultant: Geomatrix Consultants Agent for Tenant Equity Commercial (John Thompson) (Chris Thompson) Architect: Ryan Companies US, Inc. Construction Loan: Richfield Bank and Trust (Tom Wasmoen, Daryl Knighton) Permanent Loan: Principal Financial Civil Engineer: Polaris Group Mortgage Broker: Towle Financial (Dan Mott) i' Structural Engineer: Van Sickle Allen ,> w Category: Industrial —Bulk Distribution winner: Apollo Industrial Center III ' , Location: Apollo Road, Eagan n LL , �, _ _ Company: Duke-Weeks Realty Corporation Apollo Industrial Center III is a 248,000 square foot, state -of- the -art bulk distribution warehouse facility. Located in Eagan, Apollo III is the largest bulk facility in the surround - ing area. Completed in the spring of 2000, this facility offers tenants convenient access to major highways and interstates, along with close proximity to the Minneapolis/ St. Paul International Airport. The building features 28' clear ceiling heights, 40 x 40 column bay spacing, dock -high and drive -in doors, all within an attractive two -tone precast exterior. (Apollo Industrial Center 111) Structural Engineer: Smith Robarts Developer Duke -Weeks Realty Corporation Civil Engineer: Hanson Thorpe Pellinen Owner: Duke -Weeks Realty Corporation Landscape Designer: Hanson Thorpe Pellinen -- Architect ATA Architects General Contractor: Weis Builders, Inc. City Council Agenda Item No. 8a MEMORANDUM DATE: March 21, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Enginee�A SUBJECT: Resolution Ordering Improvements for Improvement Project Nos. 2001 -01, 02, and 03, Garden City North Street, Storm Drainage, and Utility Improvements On January 22 ° the City Council held a public hearing on the proposed Garden City North improvements. At that time the public hearing was continued and no resolution was made because according to Minnesota Statutes a four -fifths majority is required to order a public improvement. On March 12, 2001 the City Council approved the plans and specifications and authorized the advertisement for bids. Council action in now required to order the project. It is recommended that Council close the public hearing and adopt the attached resolution ordering the improvements for the Garden City North Neighborhood. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council on February 26, 2001 authorized consideration of street, storm drainage, and utility improvements in the area generally described as the "Garden City North," consisting of the following streets: All streets located within an area bounded by Brooklyn Boulevard, Xerxes Avenue, 63rd Avenue North, and I -94. The project also includes Halifax Drive between Brooklyn Boulevard and 63` Avenue, France Avenue between Halifax Drive and Grimes Avenue between Halifax Drive and 63` Avenue. The proposed project does not include improvements to Xerxes Avenue, Brooklyn Boulevard, or 63rd Avenue North. WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvements are necessary, cost effective and feasible as detailed in the feasibility report; and WHEREAS, the City Council on January 22, 2001 adopted a resolution setting a date for a public hearing regarding the proposed improvements for Garden City North Neighborhood; and WHEREAS, ten days published notice of the hearing was given and the hearing was held on February 26, 2001, at which time all persons desiring to be heard were given the opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the February 26, 2001 hearing; and WHEREAS, the City reasonably expects to spend monies from the Special Assessment Construction Fund, Local State Aid Fund, Water Utility Fund, Sanitary Sewer Fund, or Storm Drainage Utility Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $1,100,000; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project Nos. 2001 -01, 02 and 03, Garden City North Street, Storm Drainage, and Utility Improvements, are hereby ordered. i RESOLUTION NO. 2. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2 or any successor law, regulation, or ruling. 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. 8b MEMORANDUM DATE: March 19, 2001 TO: Michael J. McCauley, City Manager FROM: Joyce GulsethZ��i 6 1. J SUBJECT: Continued Public Hearing Regarding A Special Assessment for Delinquent Weed Removal Cost — Resolution Certifying A Special Assessment to the Hennepin County Tax Rolls On March 12, 2001, the City Council adopted Resolution 2001 -34, certifying special assessments for delinquent weed removal costs to the Hennepin County tax rolls with the exception of the property at 6332 Regent Avenue North. The Council chose to continue the hearing on the particular property at the request of the owner who appeared at the meeting. The following information is provided to assist the Council in their decision at the March 26, 2001 continuation of the hearing: On June 27, 2000 a Notice to Abate Noxious Weeds /Tall Grass Removal Agreement was sent to Paul & Kristen Krings at 6332 Regent Avenue North. Because there was no response from the owners and the property appeared to be abandoned, the City `s contractor was authorized to cut the grass on July 5, 2000 at a charge of $45.00 per hour /2 hour minimum. The charges of $90.00, along with a $40.00 special assessment fee, were pended to the property on July 11, 2000. On that same day, the owners on record (Paul & Kristen Krings) called to inform us that the Bank of America was responsible for the property. A call to that institution confirmed that the Bank of America would be responsible for maintaining the property until it was sold. On September 18, 2000 the property was acquired by HUD and subsequently sold to Mai Lee Thao and Ger Xiong on December 13, 2000. During a telephone conversation with Mai Lee Thao this morning, March 19, 2001, she indicated she was aware of the street and storm drainage assessments and the pending weed assessment that remain on the property but questioned why they should have to pay for someone's old bills. She was not certain an assessment search had been done on the property before they acquired it so she referred me to their realtor. A phone conversation with Thai of Country Realty confirmed that a search had been done and the buyers were told that HUD would not pay for any assessments that were certified or pended to the property at 6332 Regent Avenue North. He confirmed that the couple was aware at the time of closing of their obligation to pay the certified and pending assessments. Thai said he would call Mai Lee Thao and Ger Xiong and remind them of their commitments. All proper procedures were followed in our process of pending special assessments and a proper assessment search anytime after July 11, 2000 would have disclosed the amount of $130.00 for Weed Removal. If the property had been sold privately rather than through HUD, the certified and pending assessments would have paid off from the proceeds of the sale. HUD makes it clear to buyers that they are assuming obligations such as special assessments. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING A SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, the Weed Inspector of the City of Brooklyn Center has caused noxious weeds and tall grass to be cut down on the property at 6332 Regent Avenue North within the City under the authority of Minnesota Statutes, Section 18 -271; and WHEREAS, on March 12, 2001, the City Council met and heard and passed the proposed Special Assessment Levy No. 15125 for delinquent weed removal costs with the exception of the property at 6332 Regent Avenue North; and WHEREAS, the City Council chose to continue the hearing on the property at 6332 Regent Avenue North to review the pending special assessment procedure at the request of the owner; and WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for weed destruction • costs: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Said assessment roll of unpaid weed destruction accounts is hereby adopted and added to certified Levy No. 15125. 2. The assessment as adopted and confirmed shall be payable with ad valorem taxes in 2001, in one annual installment with interest thereon at seven (7) percent per annum and shall bear interest on the entire assessment from June 1, 2001 through December 31, 2002. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. 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: i and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL MARCH 12, 2001 WEED DESTRUCTION 2001 AUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED I OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. N AMOUNT Legal Descriotion Mailing Address 15125 01- 118 -21 -34 -0078 89225 $130.00 5305 BRYANT AVE N SHERRITA SCROGGINS 15125 33- 119 - 21.13.0077 89346 $230.00 6601 UNITY AVENUE NORTH SCHELLINA HUGHES 15125 33. 119.21.41 -0113 89342 $130.00 6332 REGENT AVE N MAI LEE THAD & GER XIONG 15125 34. 119.21 - 13.0009 89100 $130.00 6520 BROOKLYN BLVD PHYLLIS OWENS 15125 35. 119.21 -11 -0036 01291 $360.00 1531, 1537 HUMBOLDT PLACE N ROSEMARY TERRACE CORP 1507 & 1509 HUMBOLDT AVE N 17799 KENWOOD TRAIL #400 LAKEVILLE, MN 55044 15125 35- 119.21.11 -0038 03257 $130.00 WEST OF 6807 69TH AVE N VADIM PARTOLIN 616 MASSELIN AVE #223 LOS ANGELES CA 90036 15125 36. 119.21- 12.0038 89105 $320.00 EAST OF 701 69TH AVE N DAVID EVANSON . 2208 73RD AVE N BROOKLYN PARK, MN 55444 $1,430.00 City Council Agenda Item No. 9a MEMO To: Michael J. McCauley, City Manager f From: Ronald A. Warren, Planning and Zoning Specialist , Subject: City Council Consideration Item - Planning Commission Application No. 2001- 004 Date: March 21, 2001 On the March 26, 2001 City Council Agenda is Planning Commission Application No. 2001- 004 submitted by Brooklyn 55, LLC requesting Preliminary Plat Approval to subdivide into three new lots the property at 5445 Xerxes Avenue North containing the old Toys R Us building. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -004 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 March 15, 2001, 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 2 -16 -01 City Council Action Should Be Taken By 4 -17 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -004 Applicant: Brooklyn 55, LLC Location: 5445 Xerxes Ave N Request: Preliminary Plat The applicant, John Johannson on behalf of Brooklyn 55, LLC, is seeking Preliminary Plat approval to subdivide into three new lots the property at 5445 Xerxes Avenue North, which was formerly owned and occupied by Toys R Us. The property in question is zoned C -2 (Commerce) and is an L- shaped parcel of 214,992.7 sq. ft. (4.94 acres) lying between Xerxes Avenue and Brooklyn Boulevard, south of 55 Avenue North. It is bounded on the east by Xerxes Avenue with the Sears Automotive Center and Brookdale on the opposite side of that street; on the south by the T. H. 100 exit ramp to Brooklyn Boulevard; on the west by Brooklyn Boulevard; and on the north by 55`'' Avenue and the Firestone Tire Store. The existing legal description of the property is Lot 1, Block 1, Toys R Us Addition and, as mentioned above, would be divided into three lots. Lot 1 of the yet unnamed plat is proposed to be 146,710.9 sq. ft. (3.37 acres) and contains the old Toys R Us building which is to be occupied by K & G apparel in the near future. The other two lots are to be northerly of Lot 1 and adjacent to Brooklyn Boulevard. Lot 2 is proposed to be 32,561.9 sq. ft. (.75 acres) and Lot 3, located at the corner of Brooklyn Boulevard and 55 Avenue, is proposed to be 35,719.9 sq. ft. (.82 acres). The applicant has indicated the possible development of a combined convenience food restaurant on Lot 2 and a gas station/convenience store on Lot 3. These developments will be subject to future Site and Building Plan/Special Use Permit applications as final plans are developed. It appears, based on preliminary data submitted thus far, that these proposals will fit on the sites being created. One of the main considerations with this proposed subdivision is to assure that ordinance required on site parking will exist on the old Toys R Us site after the proposed subdivision. The building on this site has a 34,476 sq. ft. footprint. At 5.5 parking spaces per 1,000 sq. ft. of gross floor area (the retail parking formula), 189 parking spaces are required. The applicant has provided a parking analysis (attached) for all of the proposed sites in which he believes adequate parking will be available. Properly lines are being drawn to accommodate this analysis. The analysis shows 197 parking spaces will be provided on the proposed Lot 1. We are aware that there is a mezzanine in this building that adds approximately 13,000 sq. ft. to the gross floor area of the building. The applicant is to provide us with additional information regarding the use of this additional footage by K & G apparel. At a minimum, parking for this additional footage should be calculated at one parking space per 800 sq. ft. of gross floor area if it is to be used strictly for storage space or non - retail purposes. This might add about 17 more parking spaces. ® 3 -15 -01 Page 1 A reconfiguration of parking, or a proof of parking, should provide adequate on site parking to s allow this division. Cross access and parking over the various lots is anticipated to continue. An appropriate easement/deed restriction will need to be developed and filed with the plat to assure the free flow of traffic over the various parcels of land being created. The City Engineer is reviewing the preliminary plat and a copy of it has been provided to Hennepin County for their review and comment because the abutting Brooklyn Boulevard is a county road. The City Engineer will provide written comments, which will be attached with this report. He has indicated a need to expand an existing 30 ft. wide storm and sanitary sewer easement that runs in an east/west direction over the southerly portion of the proposed Lot 1. This easement exists to protect in place sanitary and storm sewer utilities. The survey shows the sanitary sewer line is located partly outside the existing easement. The easement must, therefore, be expanded to provide appropriate protection for these utilities. A water main easement is located over the very southerly end of Lot 1, while a 50 ft. NSP easement runs parallel with the T. H. 100 right -of -way. Ten -foot easements exist, and will continue along Xerxes and Brooklyn Boulevard. A six -foot sidewalk easement is in place over the proposed Lot 3 adjacent to 55`'' Avenue. A 20 foot wide private roadway easement will exist over a portion of Lots 2 and 3 matching up with a 20 foot wide roadway easement from the Firestone site. This roadway easement provides access from 55`'' Avenue to all three of the lots in this subdivision. The total land area of this preliminary plat is less than five acres, therefore, no Watershed Commission review is required with this application. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed preliminary plat appears to be in order provided additional parking information can be shown. Approval of this application is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. A revised storm and sanitary sewer easement in accordance with the recommendations of the City Engineer shall be provided over the proposed Lot 1 to protect existing utilities. 4. Cross access and parking agreements shall be provided over the plat in a manner approved by the City Attorney. 5. The plat shall receive final approval by the City Council and be filed with Hennepin County prior to issuance of any building permits for development of the proposed Lots 2 or 3. . 3 -15 -01 Page 2 lilt =� � : = t.. Willi! I of IN will V ■11 1111 11��// .; . �,� •<< -� .<��.���- � �� 111 �► � � - ---' -' , • � -- — t' � 1♦ ONES► IX t ;'� ■ 1111/�►�� � •!� J,. �n t,�, �h�fu r ,w,� � 1111����.■ :1 \L 1�J � �• _11117 n Y t ''i f1r r > � 1■ `�:\.�.a�r�►1. /111 oil "� - �`�■ IM RUMM I All EMM mm ON R,C 'r r'='e� � • F��t yin' z ter-"_-,-- ��� ��. .� ���- • � 1 t 6%Rti[1C I.86A1. D®OlRI'bfi �� -s�v� t g r t` e=e n rvt rn•. w...t .. r. un +.ac=- x•[: r.ri r ..v .... e e .." r: t.e�r ! e(- arf.r: .art x •[� w. 5- e. +nn.- n e� +lw.m.' x. Ni..r ra. r,. cv.. ii e,i+ r.. e.+ r r+= o-nen+ma ve v.e. •[t .rt.(, t•x, r =t = rrG a ••e. .. n.. t • =r•rn� ,.. • • v+,n, .+ ro, e: _ . ••• r t.• r . -• •- v •_ . _ .... � •e +r�r, r r. n... re n... .r -. r. r... rr+t �-.n... r. To 719m f•..r 1 a I Brooklyn 55 P,&.imry w"tw,*d P,Of ; of s.rl•.,. Int. I I ' - - _: _ ( Y : — I Welsh Companies . �.r Plat - or nrx.r.w.M eia. s+x. an c.« ,... ss..r. Johannson,John To: Ron Warren, City of Brooklyn Center O bject: Parking count - Former Toys 'R' us - Brooklyn Center. Ron, Per your request, please find attached a plan identifying the parking stalls /count for the Toys property. The parking available is as follows: On the Toys parcel (soon to be K &G): 197 stalls On the Tricon parcel (KFC /A &W): 28 stalls On the qas narcpL 20 stalls Total stall count 245 stalls Please note the following: 1. Eight (8) stalls have been drawn into the gas islands - each stall is 8' wide, by 24' long. 2. 1 overlayed the most recent site plan for the gas and KFC /A &W so that the current layout is depicted - sorry if it looks choppy, but it is accurate and current. 3. The stalls south of K &G are essentially untouched (along Hwy 100). We have re- striped the stalls on the north side as the existing layout does not provide the drive aisle width required by code. We lost stalls, but it meets code now. 4. There are numerous areas where we could add future parking, or proof of parking. Since we do not need additional stalls, I have not sketched in the future stalls. ------------------------------------------------------- ------------------------------------------------------- The required parking is as follows: Parking Required Alternate - at 5.5 stalls per Parking at User/Tenant Souare Feet 1000 souare fed Resta urant ratio, K &G (apparel) 34,476 sf 189.62 stalls 189.62 stalls KFC /A &W 3,100 sf 17.05 stalls N/A 59 seats (1 per 2 seats) N/A 29.50 stalls �6 employees (1 per 2 employees) N/A 3 stalls Gas station 3,900 sf 21.45 stalls 21.45 stalls Total stalls required 41,476 sf 228.12 stalls 243.57 stalls Please note: 1. The gas station does not have service bays. 2. The total size of the buildings is 41,476 sf - so up to 6,221 sf can be restaurant under the 15% provision without defaulting to the increased stall requirement under the restaurant designation. ----------------------------------------------- ----------------------------------------------- The property provides 245 stalls, which satisfies the parking requirement under either scenario. Please contact me with any questions. Thanks. John J. Johannson Welsh Companies, LLC 8200 Normandale Blvd. Suite 200 Bloomington, MN 55437 Phone: 952 - 897 -7750 Fax: 952 -842 -7750 jjohannson@welshco.com i MEMORANDUM DATE: March 6, 2001 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer 4 SUBJECT: Preliminary Plat of Brooklyn 55 The Engineering Department has reviewed the subject preliminary plat dated February 9, 2001. Comments are as follows: • The City has storm sewer and sanitary sewer crossing the southern portion of Lot 1. A portion the sanitary sewer main is located outside of existing 30' utility easement, which requires dedication of an additional 10 feet. Alternatively, the 30 -foot easement could be rotated and re- described over the existing utilities and avoid the need for additional easement area. • An additional triangular easement is required over a sidewalk located on the southern portion of lot 1 along Brooklyn Boulevard. The approximate area of the triangle is 300 square feet. • The site and building, drainage and erosion control plans have not been submitted to the Engineering Department. The developer should be made aware that plan comments may require changes to the plat. • Grading, drainage, erosion control and utility reviews will be made during the site and building plan review. • Copies of the Preliminary Plat have been submitted to Hennepin County. • Any recommendations or comments of the City Attorney will also need to be considered at the time of final platting. 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 MARCH 15, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:31 p.m. ROLL CALL Chair Tim Willson, Commissioners John Whitehead, Dianne Reem, Rex Newman, Graydon Boeck, and Stephen Erdmann. Commissioner Sean Rahn was absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. ADMINISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Commissioner Dianne Reem. APPROVAL OF MINUTES B FEBRUARY 15, 2001 There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to approve the minutes of the February 15, 2001 meeting as submitted. The motion passed unanimously. Commissioner Reem abstained. 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. 2001-004 B (BROOKLYN 55, LLQ Chair Willson introduced Application No. 2001 -004, a request from John Johannson on behalf of Brooklyn 55, LLC to seek Preliminary Plat approval to subdivide into three new lots the property at 5445 Xerxes Avenue North, which was formerly owned and occupied by Toys R Us. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 3/15/01 for Application No. 2001 -004 attached.) The proposed plan is to subdivide the property into three lots. Lot 1 of the yet unnamed plat is proposed to be 146,710.9 sq. ft. and contains the old Toys R Us building which is to be occupied by K& G apparel in the near future. The other two lots are to be northerly of Lot 1 and adjacent to Brooklyn Boulevard. Lot 2 is proposed to be 32,561.9 sq. ft. Lot 3 is located at the corner of Brooklyn Boulevard and 55 Avenue and is proposed to be 35,719.9 sq. ft. The applicant has indicated the possible development of a combined convenience food restaurant on Lot 2 and a gas station convenience store on Lot 3. Staff recommends approval subject to six conditions. 03-15-01 Page 1 Chair Willson asked about the ownership of the property at the corner of Xerxes Avenue and 55 Avenue, adjacent to the plat. Mr. Warren responded that is the location of the Firestone Tire Store. Chair Willson asked if access to the sites from 55` Avenue is the same arrangement as the access north of 55`' Avenue that this is not a public street. Mr. Warren responded this also is a private road and the landowners are responsible for its maintenance. He stated the adjoining properties would share in the maintenance of the access. He noted the two new lots would share in that. Mr. Warren recommended that there be a new sixth condition requiring a deed restriction limiting the use of the mezzanine area to non - retail uses and filed with the property records in a manner consistent with the approval of the City Attorney. Commissioner Boeck asked how Lot 2 or 3 were going to be served by public utilities. He stated he did not see them on the plat. He noted the preliminary plat should show all the existing utilities. Mr. Warren responded he believed the utilities are in Brooklyn Boulevard. He showed the location of the water on the plat, but did note that not all utilities are shown on the preliminary plat. Commissioner Boeck stated he is concerned about the third point made by the City Engineer in his report. He noted there were comments that might require changes to the plat. He asked how far they should go from the preliminary plat to the final plat. Mr. Warren responded there might be a need to modify the property line somewhat depending on the final site plans submitted. He stated these lots would meet the minimum requirements. He noted what would control this is the parking. He noted the City Engineer is questioning whether the granting of improvements would fit on the land. The City Engineer is cautioning that a different plan may require the need to modify the lot lines. Commissioner Boeck stated the Commission does not care what is put on the property at this stage. Mr. Warren responded they wanted to at least show when the property is divided they would have enough parking for the buildings proposed. He explained the developer would at least have an idea that what he is proposing would be feasible. Commissioner Reem asked if the restriction on the mezzanine should be a condition for the future. Mr. Warren recommended as a sixth condition there be a deed restriction limiting the use of mezzanine to storage or non - retail use and it be filed with the final plat. Commissioner Boeck asked if there was an alternative. Mr. Warren responded the alternative would be to tear the mezzanine out or add parking. He stated they would have to have proof of parking to be able to use the mezzanine for retail. He noted Toys R Us was built at a time when parking was more restrictive. He added parking was not an issue because there was much more land than needed. He stated the City has reduced their parking requirement from that used in 1988. • 03 -15 -01 Page 2 The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. PUBLIC HEARING — APPLICATION 2001 -004 There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2001 -004, at 8:03 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Greg Kopischke, of Westwood Professional Services, stated he represents Mr. Johannson. He noted they would like to keep the mezzanine and accept the restrictions on the building. He added that if they decide to use it later they would provide additional parking. He stated they do understand the utilities need to be confirmed. Chair Willson stated there also needs to be adjustment of easements. Mr. Kopischke responded they could take care of that with the final plat. Chair Willson asked if there was a deed restriction on the plat and if the owner wished to add parking to eliminate the restriction, would they need to come back before the Commission? Mr. Warren responded in the affirmative. Mr. Kopiscke stated K & G might have their own plans, but he believes they will leave the building pretty much as is. Mr. Warren stated he is expecting to see something in the next month to come before the Commission for site and building plan approval on the proposed Lots 2 and 3. He stated K & G is a go from what he understands. He noted they could get a building permit without this plat being filed. He added the purpose of the plat is for subsequent development. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -004. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the public hearing on Application 2001 -004, at 8:08 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 APPROVE OF APPLICATION NO. 2001-004 (BROOKLYN 55 LLC) There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to recommend to the Council that it approve Application No. 2001 -004, submitted by John Johannson on behalf of Brooklyn 55, LLC for Preliminary Plat approval to subdivide into three new lots the property at 5445 Xerxes Avenue North, which was formerly owned and occupied by 03 -15 -01 Page 3 Toys R Us, subject to the following conditions: 41 1. The final plat is subject to review and approval b the City Engineer. J Pp Y tY g 2. The final plat is subject to the p rovisions of Chapter 15 of the City Ordinances. 3. A revised storm and sanitary sewer easement in accordance with the recommendations of the City engineer shall be provided over the proposed Lot 1 to protect existing utilities. 4. Cross access, parking and utility agreements both existing and proposed shall be provided over the plat in a manner approved by the City Attorney. 5. The plat shall receive final approval by the City Council and be filed with Hennepin County prior to issuance of any building permits for development of the proposed Lots 2 or 3. 6. A deed restriction limiting the use of the mezzanine to storage or non - retail shall uses as drafted by the City Attorney shall be filed with the final plat. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its March 26, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren stated that at the study meeting on the 29`' of March he would like to review a PUD for develo p property ment of the at the southeast corner of T. H. 252 and 66 th Avenue. He added it has to do with the property the city owns, formerly the Atkins Mechanical Property. He stated the proposal is to combine that area into 21 lots. He noted the plan is for single - family detached townhome lots. He added the density is less than townhouse density. He stated he should point out the parties have entered into a preliminary development agreement with the City. He added there are projects in Brooklyn Park and Maple Grove that are comparable. Mr. Warren explained he had given approval for the Spiritual Life church to put up a garage without bringing it before the Planning Commission. He stated the garage is a storage building for the church. He noted that other churches have done this and there are no parking or location issues. He stated there are no drainage issues either. He added they have issued that permit since it is consistent with what has been done in the past. 03 -15 -01 Page 4 I There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:17 p.m. Chair Recorded and transcribed by: Nancy Czajkowski, Timesaver Off Site Secretarial, Inc. 03 -15 -01 Page 5 I City Council Agenda Item No. 10a Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk A WOt J� DATE: March 19, 2001 SUBJECT: Set Date and Time to Canvass Special Primary Election and Special Election The Special Primary Election is scheduled for Tuesday, April 17, 2001, and the Special Election is scheduled for Tuesday, May 1, 2001. MS 205.185, subd. 3 authorizes the City Council to canvass the returns and declare the results of the election. It is requested to set the date and time for the canvass of the Special Primary Election as Wednesday, April 18, 2001, at 5 p.m. and the Special Election as Wednesday, May 2, 2001, at 5 p.m. Both meetings will be held in the City Hall Council Chambers. 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. lOb • MEMORANDUM DATE. March 21, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: An Ordinance Amending Chapter 23 Of The Ordinances Relating To Courtesy Benches On The Public Right Of Way This proposed amendment to Chapter 23 of the Ordinances relating to courtesy benches updates and refines the ordinance. Courtesy benches are the privately -owned benches, usually located at bus stops, which contain advertising. Courtesy benches continue to proliferate in Brooklyn Center, and their owners are of varying degrees of attention to maintenance. Looking forward to the Brooklyn Boulevard improvements, we also do not have a mechanism in the ordinance to limit placement of benches in streetscaping areas where we may have just spent millions of dollars enhancing the aesthetics of the area. Our main concern is threefold: 1) To assure that these benches do not become a maintenance problem; 2) That these profit- making benches located in the public right of way are located where they are actually providing a service to the public; and 3) That the location, advertising matter, maintenance, etc. do not become an undue burden on the adjacent property owners. To update this ordinance, I have reviewed the codes of several cities. Several cities, including Plymouth and Shoreview, have eliminated courtesy benches entirely. Other cities have restricted locations, while others place few barriers to placement of • benches. Some of the proposed amendments were based on New Brighton's code, and some of the amendments are small changes that will assist in administering the code. Because so many of the amendments were changes of words or phrases here or there, for simplicity's sake this ordinance repeals the existing ordinance and replaces it with the sections here. Much of the original wording remains. I have attached both the old and the proposed new ordinance for comparison. Here are the changes to the existing ordinance: Section 23 -901. Added a definition of a courtesy bench. Section 23 -902. Amended the ordinance to provide for a permit rather than a license. The distinction is that a permit merely indicates the bench, its placement, and its advertising meet the requirements of the ordinance, but a license might imply that the bench, its location, and its advertising are endorsed by the City. Section 23 -903. Most of the section is similar to the current ordinance. There are some important differences. Subsection (b) was added to assure that courtesy benches would only be located at bus stops. There currently is no regulation on location other than as implied by the need for the location to be approved by the City Engineer. Subsection (c) was amended to require that adjacent property owner approval be obtained for all proposed locations. The current ordinance only requires consent when the bench is adjacent to residential or multifamily zoned property. Extending the consent to other types of property provides all property owners with the opportunity to comment on the desirability of this type of facility and the potential impact on maintenance of their properties. Subsection (f) was amended to provide that renewal of a permit is not automatic, and that usage of the bench will be one factor reviewed in considering permit renewal. Section 23 -904. One important amendment was added here: prohibition of courtesy benches in any locations, zones, or districts as established by the City Council. There currently is no formal prohibition on locating bus benches in locations such as the Earle Brown Farm commercial area with its extensive landscaped nodes, or in the future on Brooklyn Boulevard after the City and County complete the $10 million project to upgrade and beautify the segment between 65` and the north City limits or in the Brookdale area after extensive private and public upgrades are made. This provision would allow the Council to establish by resolution any locations where these private benches with advertising are not allowed for aesthetic reasons. Section 23 -906. Subsection (a) was amended to change the minimum curb setback from 18 inches to 30 inches. Subsection (d) was added to provide that benches be installed on a concrete slab, which would improve appearance and ease maintenance. Also, this subsection formally prohibits the placement on or encroachment onto sidewalks or trails. Subsection (e) was amended to provide that the areas around the bench should be kept weed free and directing that graffiti be removed immediately. Section 23 -907. Subsection (a) was amended to add tobacco products to the list of the types of advertising that is prohibited, and to remove the prohibition on legal advertising. The prohibition on political advertising remains. Section 23 -909. The insurance requirements language has been updated to be in compliance with current city and statutory requirements, and the language on bonding to assure removals was added. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of April, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 23 of the Brooklyn Center Ordinances relating to the placement of courtesy benches on the public right of way. 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 23 OF THE ORDINANCES RELATING TO COURTESY BENCHES ON THE PUBLIC RIGHT OF WAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 23 -901 to 23 -908 are hereby repealed and replaced with the following sections: Courtesy Benches on Public Right of Way Section 23 -901 DEFINITION. A "courtesy bench" is any bench or seat maintained on the public right of way for the convenience and comfort of persons waiting for buses or other vehicles. Section 23-90 PERMIT REQUIRED. No person shall place or maintain any bench or seat on public right of way in Brooklyn Center unless they shall have obtained a permit and have complied with the provisions of this ordinance. Section 23 -901 PROCEDURE FOR ISSUANCE OF PERMITS. A permit to install and maintain a bench on or along any public sidewalk or right of way may be issued b the requirements: e Ci Council to a person complying in with the following re Y City p p Y g g q a. The person, firm or corporation desiring such a permit shall make written application to the City Clerk showing the requested location and detailed plans and specifications of each proposed bench, the name and address of the applicant, and such other information as may be required in an application form to be prepared by the City Clerk, City Engineer and City Attorney. b. The location of each bench shall be placed at a designated pickup location for the public transit system. c. Each application shall be accompanied by a letter of consent in such form as the City Attorney shall require, signed by the owners or lessees of the property abutting the street upon which . each bench is proposed to be located, giving such owners' or lessees' consent to the installation and maintenance of such bench at the proposed location. The applicant shall furnish therewith such evidence of ownership or lease as shall be required by the City Attorney. • Ordinance No. d. Each application shall be accompanied by an inspection fee, as set forth by City Council resolution, payable to the City of Brooklyn Center for each such bench. e. If the application is approved, an additional permit fee will be required in the amount as set forth by City Council resolution, payable to the City of Brooklyn Center for each bench at the time the permit is issued. f. All permits shall expire as of the 1 st day of April next following the date of issuance thereof, unless renewed. At least thirty (30) days prior to the expiration of any permit, the holder may make written application for renewal thereof, accompanied by the permit fee in an amount as set forth by City Council resolution. Renewal of permits shall not be automatic. One factor in considering a permit renewal will be the level of demonstrated demand by the public for the courtesy bench. g. If plans and specifications of the bench, or location of the bench, are not to be changed, the application for renewal shall be sufficient if the applicant gives his name and address, and the location and number of the bench for which renewal permit is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located ranted to the permit holder the continuing right to maintain such bench, the g P g g application may so state, and renewed consent shall not be required. • h. Whenever a bench for which a permit has been issued is sold or title or control thereof transferred or assigned, a new permit shall be required and obtained for its maintenance. i. If the application is for permits for more than one bench at the same or different locations, a separate number and permit shall, when issued, be assigned and granted for each bench authorized to be installed, but each such permit issued shall be valid only for the particular location designated therein. Section 23 -90A- WHERE COURTESY BENCHES ARE PROHIBITED. No permit shall be issued for the installation of any such bench: a. without the approval of the City Engineer; b. in any alley, or any locations, districts, or zones as established by the City Council; C. at any location where the distance from the face of the curb to the inside sidewalk line is less than eight (8) feet; d. at any location more than fifty (50) feet from the nearest point of intersection with a street, unless the City Engineer shall direct change of location. • Ordinance No. Sectio 21 -905. REVOCATION. a. The application for installation and maintenance of any bench shall be denied if the City Engineer shall find that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way or to create a hazard, or otherwise to be detrimental to the public safety, convenience or welfare. b. An permit may be revoked or the application for renewal thereof denied for failure to Y > p Y PP comply with the provisions of this ordinance, or for misrepresentation of any material facts in the application, or for any reason which would have been ground for denial of the original application, or where in the judgment of the City Council or the City Engineer, maintenance has become inappropriate. No revocation or denial shall be made arbitrarily or inequitably as between different applicants. c. If the owner, or lessee, shall by writing filed with the City Engineer at least 30 days prior to the expiration of any permit, withdraw his consent to the renewal thereof after such expiration, the City Engineer shall promptly notify the permittee of the filing of such writing and shall deny the renewal of such permit unless and until such owner, or person in possession or control, shall in writing consent to such renewal permit being issued. Section 23 -906 LOCATION AND MAINTENANCE C a. Each such permitted courtesy bench shall be installed parallel with the curb and set back not less than thirty (30) inches from the face of the curb. b. No bench shall be more than forty -two (42) inches high nor more than thirty (30) inches wide or seven (7) feet long overall. c. Each bench shall have displayed thereon in a conspicuous lace the permit number. � p place d. Benches shall be installed on a level and stable base on a concrete slab, unless otherwise authorized by the City Engineer. At no time may the courtesy bench be installed on or otherwise encroach upon any sidewalk, bicycle trail, or other walkway or conveyance. e. It shall be the duty of the licensee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically in order that it may be properly maintained. Benches shall be kept at all times in a neat, clean and usable condition. Ice and snow shall be removed from the benches and the vicinity thereof in such a manner that each bench shall be accessible at all times. Weeds and grass shall be maintained at less than eight (8) inches in length. Any graffiti shall be removed from any courtesy bench within two days of receipt of notice from the city. is Ordinance No. Section 3 -907 ADVERTISEMENT ON BENCH. a. No advertising matter or sign shall be displayed upon any bench except only upon the front and rear surfaces of the backrest. No liquor, beer, tobacco products, or obscene, immoral or indecent advertising, or legal or political advertising of any character, shall be permitted, and all advertising shall be subject to the approval of the City Council. b. No advertising matter or sign on any bench shall display the words "STOP ", 'LOOK ", "DRIVE IN ", 'DANGER ", or any other word, phrase or symbol which might interfere with, mislead or distract traffic. Section 3 -909 REMOVAL OF BENCHES. a. Upon the revocation or expiration of any permit without renewal, if the permittee fails promptly to remove a bench, the City Engineer may do so within ten (10) days after written notice given by mail directed to the address of the licensee on file, and if the licensee shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the permittee's rights in said bench shall be forfeited, but such forfeiture shall not excuse the permittee from the payment of the cost of removal and storage of said bench. • b. The permittee shall move benches immediately upon request of the City, at permittee's expense, should temporary or permanent removal be made necessary by construction or repair work in the vicinity of the bench. Section 23 -909 INSURANCE AND BONDING. a. Applicants for permits shall maintain insurance and provide the City Clerk a Policy Certificate verifying public liability insurance approved by the City Attorney and conditioned as follows: That the permittee will indemnify and save harmless the City of Brooklyn Center, its officers, agents and employees from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of such permit, or the installation or maintenance of such bench for which a permit is issued, regardless of the point to which such bench or benches may be moved within the City of Brooklyn Center with or without the consent of the permittee, and that the permittee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by, or arise out of, such installation or maintenance. The insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such insurance policy may be furnished to cover two or more benches, and each policy shall be of a type in which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter is accrue. Such policy shall not be terminated without thirty days prior written notice to the City. Ordinance No. b. The required limits of liability insurance required by this section shall be $1,000,000 for any number of claims arising out of a single occurrence or applicable statutory limits. c. Before a permit is issued, the applicant shall post a performance bond, in an amount determined to be sufficient by the City Engineer and in a form approved by the City Attorney, conditioned on the applicant removing and disposing of the bench and foundation, restoring the site to its previous grade, and restoring and maintaining vegetative cover as appropriate. Section 23 -910. CITY COUNCIL APPROVAL. All applications for permits, when approved by the City Engineer, shall be presented to the City Council, which may grant or deny any one or more of the applications made. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Section 3. The terms of courtesy bench permit issuance and renewal shall be effective as of April 1, 2002. Courtesy bench licenses valid as of December 31, 2001 shall be extended to April 1, 2002. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) I I Current Ordinance BF.NCH ON PT TRT .TC W ALKS AND WAYS Section 3 -401 LICENSE REQUIREMENTS. Any person, firm or corporation desiring to place and maintain one or more courtesy benches for the convenience of persons waiting for street cars and buses at any place in the City of Brooklyn Center, upon the public streets of the City, may be granted a license therefore upon the following conditions: a. The person, firm or corporation desiring such license, or licenses, shall make written application to the City Clerk showing the requested location and detailed plans and specifications of each proposed bench, the name and address of the applicant, and such other information as may be required in an application form to be prepared by the City Clerk, City Engineer and City Attorney. b. The consent of the abutting property owners or lessees shall be required only where the proposed location of a bench is in an area where the abutting property is zoned residential or multiple dwelling; in such cases each application shall be accompanied by a writing in such form as the City Attorney shall require, signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving such owners or lessees consent to the installation and maintenance of such bench at the proposed location. The applicant shall furnish therewith such evidence of ownership or lease as shall be required by the City Attorney. C. Each application shall be accompanied by an inspection fee, as set forth by City Council . resolution, payable to the City of Brooklyn Center for each such bench. d. If the application be granted, an additional license fee as set forth by City Council resolution, shall be paid to the City of Brooklyn Center for each bench at the time the license is issued. e. All licenses shall expire as of the 1st day of January next following the date of issuance thereof, unless renewed. At least thirty (30) days prior to the expiration of any license, the holder may make written application for renewal thereof, accompanied by the license fee in an amount as set forth by City Council resolution. If plans and specifications of the bench, or advertising matter, or location of the bench, are not to be changed, the application for renewal shall be sufficient if the applicant gives his name and address, and the location and number of the bench for which renewal license is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located granted to the license holder the continuing right to maintain such bench, the application may so state, and renewed consent shall not be required. f. Whenever a bench for which a license has been issued is sold or title or control thereof transferred or assigned, a new license shall be required and obtained for its maintenance. g. If the application is for licenses for more than one bench at the same or different locations, a separate number and license shall, when issued, be assigned and granted for . each bench authorized to be installed, but each such license issued shall be valid only for the particular location designated therein. S .. inn .3 -90 ._ NO LICENSE ISSUED FOR INSTALLATION. No license shall be issued for the installation or maintenance of any such bench: a. without the approval of the City Engineer; b. in any alley; C. at any location where the distance from the face of the curb to the inside sidewalk line is less than eight (8) feet; d. at any location more than fifty (50) feet from the nearest point of intersection with a street, unless the City Engineer shall direct change of location. Section 3 -903 REVOCATION. a. The application for maintenance of any bench shall be denied if the City Engineer shall find that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way or to create a hazard, or otherwise to be detrimental to the public safety, convenience or welfare. b. Any license may be revoked, or the application for renewal thereof denied, for failure to comply with the provisions of this ordinance, or for misrepresentation of any material facts in the application, or for any reason which would have been ground for denial of the original application, or where in the judgment of the City Council or the City Engineer, maintenance has become inappropriate. No revocation or denial shall be made arbitrarily or inequitably as between different applicants. C. If the owner, or lessee, shall by writing filed with the City Engineer on or before the first day of April preceding the expiration of any license, withdraw his consent to the renewal thereof after such expiration, the City Engineer shall promptly notify the licensee of the filing of such writing and shall deny the renewal of such license unless and until such owner, or person in possession or control, shall in writing consent to such renewal license being issued. Section 23 -904. LOCATION AND MAINTENANCE. a. When a license is issued, each such courtesy bench shall be installed parallel with the curb and set back not less than eighteen (18) inches from the face of the curb. b. No bench shall be more than forty -two (42) inches high nor more than thirty (30) inches wide or seven (7) feet long overall. C. Each bench shall have displayed thereon, in a conspicuous place, the license number. d. It shall be the duty of the licensee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically in order that it may be properly maintained. Benches shall be kept at all times in a neat, clean and usable condition. Ice and snow shall be removed from the benches and the vicinity thereof in such a manner that each bench shall be accessible at all times. The licensee shall move benches immediately upon request of the City should temporary removal be made necessary by construction or repair work in the vicinity of the bench. . Section 23 -905_ ADVERTISEMENT ON BENCH. a. No advertising matter or sign shall be displayed upon any bench except only upon the front and rear surfaces of the backrest. No liquor, beer , or obscene , immoral or indecent advertising, lea n character, shall be permitted, and all g, legal or political advertising of any p , advertising shall be subject to the approval of the City Council. b. No advertising matter or sign on any bench shall display the words "STOP ", "LOOK ", "DRIVE IN ", "DANGER ", or any other word, phrase or symbol which might interfere with, mislead or distract traffic. Section 23 -906_ REMOVAL OF BENCH. a. Upon the revocation or expiration of any license without renewal, if the licensee fails promptly to remove a bench, the City Engineer may do so within ten (10) days after written notice given by mail directed to the address of the licensee on file, and if the licensee shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the licensee's rights in said bench shall be forfeited, but such forfeiture shall not excuse the licensee from the payment of the cost of removal and storage of said bench. Section 3 -907 INSURANCE. a. Before a license shall be issued, the applicant shall post or maintain with the City Clerk, a bond or policy or public liability insurance approved by the City Attorney and conditioned substantially as follows: That the licensee will indemnify and save harmless the City of Brooklyn Center, its officers, agents and employees from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of such permit, or the installation or maintenance of such bench for which a permit is issued, regardless of the point to which such bench or benches may be moved within the City of Brooklyn Center with or without the consent of the licensee, and that the licensee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by, or arise out of, such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the licensee at his expense at all times during the period for which the license is in effect. In the event that two or more licenses are issued to one licensee, one such bond or policy of insurance may be furnished to cover two or more benches, and each bond or policy shall be of a type which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter accrue. b. The limit of liability upon any bond or policy of insurance so posted shall in no case be less than twenty -five thousand and no /100 dollars ($25,000) for a loss, bodily injuries to or death occurring to one person or arising out of anyone accident. Section 23 -908_ CITY COUNCIL APPROVAL. All applications for licenses, when approved by the City Engineer, shall be presented to the City Council, which may grant or deny any one or more of • the applications made. City Council Agenda Item No. 10c MEMORANDUM DATE: March 21, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: An Ordinance Vacating June Avenue North from 69 to 70 Avenue for Street Purposes The redevelopment project in the northeast quadrant of 69 Avenue and Brooklyn Boulevard- requires the vacation of June Avenue from 69 to 70 Avenue. Because there are existing utilities which must remain in place, it is proposed to vacate June Avenue for street purposes, but to retain a utility easement over the former street right of way. This item is presented this evening for first reading. A public hearing would be held on April 23, 2001 to consider the vacation. 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of April, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating June Avenue from 69"' to 70``' Avenue for street purposes. 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 VACATING JUNE AVENUE NORTH FROM 69 TO 70 AVENUE FOR STREET PURPOSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. June Avenue North from 69` to 70 Avenues North is hereby vacated for street purposes. • Section 2. The City of Brooklyn Center retains in perpetuity a 60 -foot wide utility and drainage easement in the former June Avenue right of way. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of 1 200. _ Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) Z� r WEST ZSS.z7 V TY TERRACE ROADWAY TO i (67) 1 BE VACATED \ \\ 195.67 1 106825 18 EAST S89 2518'E 1098.25 _ - -- 9 70TH AVE� 161.8 / 96.8 i 75 75 130 150 M95B �� a 6945 6944 6: n i 30 (51 BROQKL) 1 (63) 4315�,� _ t7 LANE " ,30 > s (65) 6935 150 � A `�; i r 18 �, 2 b 6936 6 \ 13 ( ~ ( " 13 (62) 130 (50) 4+ >, 4307 > '�iy s 6938 '� � ,5D ; ``?t 's 6927 3 3 X27 \ 9� X m 2 (54) A X32 m e (13) \C� > �� > .t (49) \ 75 205 +v 4 6921 �. 71 CENTER 150 (14) \ �j >� 4 6918 t (60) ,55.75 j( m ( 48) tic •,\ j , / ' 10 6915 J> ` \ °$ (56) I 8912 1 >cp � '9 y 9 (47) °° 673 ( 75 150 75 75 i 54.1 �O (59) l 116 4408 �100 8 a� 9 8 W T\`k 7 (57) 9 9 6 9 7 (1 (16) N 4 ( g (46) m (8) 9 ig c 6901 Z 189.77 WEST '� \ m 75 80 ST p ^0 27.13 180.97 WE jN2653'1 � 1 75 75 75 — 222.16— \ W 0 35360 `- 1 NO 130, PLAT 27) 165.64 �; 69TH AVID N 320.45 S86 2534'E \ 258.57 171.09 \ BROOKLYN '�,�a \ AUD SUBD 6846 4215 Christenson Corporation March 12, 2001 Diane Spector Director of Public Works City of Brooklyn Park 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: June Street Vacation Brooklyn Center, Minnesota Dear Diane, As we discussed last week, we herein request the vacation of June Avenue North between 69 Avenue North and 70 Avenue North in Brooklyn Center. The purpose of this vacation is to accommodate our proposed redevelopment in the northeast quadrant of Brooklyn Boulevard and 69 Avenue North. We purpose to begin construction of the redevelopment June 1, 2001. If y&istenson tion or clarification on any item, please call. Ve Ro i Development and Constructi on Management Services 12 South Sixth Street — Suite 715 — Minneapolis MN 55402 — (612) 338 -7173 — Fax (612) 338 -7236 .City Council Agenda Item No. lOd • MEMORANDUM DATE: March 20, 2001 TO: Michael McCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Ordering Improvement Project No. 2001 -14, Centerbrook Storage Building Construction, and Making an Appropriation A new storage building for the Centerbrook Golf Course was discussed in the January 26, 2001 Staff Report Regarding Centerbrook Golf Course Water Tower. This storage building would be used to store mowers, aerators, top dressers, golf carts, sand rakes, tools, hand pull carts, and some concession items. These items are currently being stored in the water tower base that was originally intended to be temporary storage until a storage building was constructed. The space used in the base of the water tower has been reduced by the addition of cellular antenna equipment. The water tower produces condensation that produces a steady drip inside the base during the summer. Daily access to the tower also poses a potential security risk to the City's water system. A new storage facility would eliminate these problems while allowing the tower to be used for more appropriate storage needs. • City staff has prepared drawings and cost estimates for a 80' x 44' storage building that would be located next to the putting green over what is now one of the existing Lions Park tennis courts. .�- As proposed, the other tennis court will remain and fa. the trail will be relocated between the proposed storage facility and the existing tennis court. The golf course fence would be relocated so that the new facility is inside the golf course. Gas and electric facilities would be extended from the east where a new electric transformer was installed for the Lions Park Shelter. The existing sewage grinder and pump system in the club house would be The proposed storage building would be located beyond the fire hydrant in this picture. Note the clubhouse in the background. relocated into the new storage facility by gravity from the club house to the storage building and then through a new force main to the existing force main. The new storage building would have an overhead door at each end to help organize • an efficient use of the space for parking equipment. A small utility room would house the sewage grinder pump as well as mechanical and electrical equipment for the building. The ADA compliant bathroom will include a shower that will eliminate the need for an OSHA approved safety shower. A small office space will also be partitioned off the main storage area. The building must be fire sprinkled and heated. M IMev Lions Park Shelter This is an example of a similar building with two -one siding, metal roof windows. and portico. The type of building that meets this design in a cost effective package is sometimes referred to as a pole barn. The exterior of the building can be constructed to help it blend aesthetically with the • adjacent club house and park shelter. Two -toned steel siding and two roofing alternatives: shingles matching the club house or a rolled metal roof to match the adjacent park shelter would add to the aesthetics. The side of the building facing the putting green would include some windows and an access door with portico. Golf course staff would finish the building with substantial foundation plantings. The construction could begin as soon as weather permits this spring with the removal and relocation of the bicycle path and fencing. Then the installation of the new sewer line and grinder tank would occur with the installation of the gas and electric services. Construction of the building and then final restoration would occur last. A plan view of the proposed building location is attached. The drawing also shows the proposed fence and trail relocations and the new utility services. The Park and Recreation Commission has recommended that both tennis courts be removed, although construction can be accomplished by removing only one. Should the Council desire that both be removed, the CIP and Comprehensive Plan requires that the adjacent neighborhood be surveyed to determine local interest. Removing the remaining court would be an additional project cost. • • A breakdown of the costs and revenue sources for this project are below: COSTS: Building (Insulated Shell, concrete slab and foundation @ $ 23 /sf) $81,000 Finishing Work (Interior partitions, mechanical / electrical, lighting, fire sprinkler, and plumbing) $43,500 Site Work (grading, trail relocating, fence relocating and utilities) $41,000 Contingency $15.000 TOTAL $180,500 REVENUES: Water Utility Fund: 2001 Cell Phone Lease $88,120 2001 New Cell Site in Tower #3 $13,220 Storage Relocation Fee $6,000 Qolf Course Fund $10,000 Future Lease Pavments from Tower #3 (2002 -2003) $63.160 TOTAL $180,500 This new storage building will complete the goal of the golf course to build its own storage • facility and also allow the Public Works Department to utilize the water tower for more cellular antenna tenants and storage of materials that are more appropriate for the water tower base. Staff recommends that the council order Improvement Project No. 2001 -14, Centerbrook Storage Building Construction and make appropriations for funding. CENTERBROOK GOLF COURSE r r RELOCATE EXIST. CHAINLINK FENCE �r> n PUTTING \, 3 GREEN CLUB —x� HOUSE �' • k GRAVITY SAN. SEWER CO PAT ;,� �, PARKING LOT RELOCATED CHAINLINK FENCE X » Nom, X x 4 , ..,..r W ° �,-� EXIST. 16' WATERMAIN aLoG `Lt t 8., BITUMINOUS TRAIL 1 .. r BIT. PAD, NEW WATER SERVICE {' 3 - .. -, . TENNIS COURT a ' ° L x X_ LECTRICAL BOXES � X =x �I ` EXIST. 2" SAN. FORCE MAIM J / SAWCLTT BIT., REMOVE BIT, REMOVE AND REPLACE CHAINLINK FENCE AND CONST. CONCRETE PERIMETER EDGE AS DIRECTED BY THE ENGINEER NEW 2' FORCE MAIN J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 2001-14, CENTERBROOK STORAGE BUILDING CONSTRUCTION, AND MAKING AN APPROPRIATION WHEREAS, a new storage building for the Centerbrook Golf Course has been designed to relocate existing golf course storage from Water Tower #3 to an appropriate golf course building; and WHEREAS, a cost estimate for the construction of this building has been prepared; and WHEREAS, the 2001 Water Utility Fund has funds available from leasing space to cellular telephone antenna companies that could be redirected to fund this improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The 2001 Water Utility Fund Budget and the Golf Course Budget are hereby • amended as follows to authorize funds for the construction of a storage building at the golf course. COSTS: Building $81,000 Finishing Work $43,500 Site Work $41,000 Contin2encv $15,000 TOTAL $180,500 REVENUES: Water Utility Fund: 2001 Cell Phone Lease $88,120 2001 New Cell Site in Tower #3 $13,220 Storage Relocation Fee $6,000 Golf Course Fund $10,000 Future Lease Pavmen_ is from Tower #3 (2002 -2003) $63,160 TOTAL $180,500 2. The plans for Improvement Project No. 2001 -14, Centerbrook Storage • Building Construction, are hereby approved and ordered filed with the City Clerk. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 10e City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasm Nelson, and Peppe From: Michael J. McCauley City Manager Date: March 22, 2001 Re: Public Comments Several citizens have called expressing their opposition to losing tax base through the Metropolitan Council's request to locate housing units in Brooklyn Center. Attached are two letters that were also received. • i i I I 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 I City Hall & TDD Number (763) 569 -3300 FAX (763) 569-3434 FAX (763) 569 -3494 I i March 12, 2001 Mayor Myrna Kragness 340163' Ave. North Brooklyn Center, Minnesota 55429 Re: Met Council Seeks Public Housing Dear Mayor Kragness: We have been residences of Brooklyn Center for over 30 years, and would like to respond to the Met Council's proposal to remove 20 houses from Brooklyn Centers tax roles. These 20 houses would be changed to public housing and rented to welfare families. - Brooklyn Center is one of the highest tax communities in the Metro area and taking additional property off the tax roles would again increase our future taxes. Second, no matter how much assurance a corporation can give you, allowing housing stock to become rental housing will only decrease market values. Third, with the percentage of affordable housing currently in Brooklyn Center, we are doing our share and our community should not be dumping ground for the rest of the Metro area. Having a house next to our house become a rental unit is not something we ever thought would happen. If you allow this to happen, make sure you publish your decision in the SunPost so we can contact a realtor and get out house sold before a rental unit comes to our neighborhood. We encourage you and the City Council to stand up for the taxpayers of Brooklyn Center and say no to the Met Council's proposal. Thank You Davi d Audre e 2719 63 Ave. North Brooklyn Center CC: Michael McCauley, City Manager Aoki, T March 13, 2001 To City Manager Mike McCauley: This letter is in answer to the Met Council asking for the city's voluntary participation in the FAHP. I strongly disagree with Brooklyn Center even being asked to participate in this venture. It isn't too long ago that we had the city clean out some of these apartment buildings and a motel in this area to make room for more available housing that would contribute to our tax base. It seems like we are just getting back on our feet to renovate this particular suburb. We need all the tax money that we can accumulate to contribute to our schools and county and municipalities. You are to be thanked for the strong support that you have given to Brookdale plus the fact that you are trying to upgrade this area to make it a safer and more appealing area for people to live and support Brooklyn Center. Please inform me if there will be any future meetings on this particular issue. I do want to attend to offer my views on this matter. Sincerely, Ka y erasch 7230 Riverdale Road Brooklyn Center, MN 55430 • email gerasOOI@uswest.net City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Las an, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: February 22, 2001 SUBJECT: Metropolitan Council Request to Place 10 Units in Brooklyn Center Attached please find correspondence from the Metropolitan Council to Brad Hoffman regarding the Metropolitan Council's Family Affordable Housing Program. This program is being undertaken under the Hollman Consent Decree in which the City of Minneapolis Housing Authority destroyed public housing and agreed to place scattered site locations to disperse a concentration of poverty. The specific request from the Metropolitan Council is to place up to 10 units in the Community. One of the significant impacts of their proposal is that the property would be exempt from the payment of real estate taxes. There would be some payment in lieu of taxes, however that would be • limited to ten percent of the gross rents charged to each family. If the Metropolitan Council acquired ten single- family houses in Brooklyn Center we could see a loss of between 13 and 1.5 million dollars in taxable property. Additionally we would lose the growth in value on that same 1.3 to 1.5 million dollars. These properties would not be paying taxes for school bond referenda or City bond referenda such as the debt for the construction of, the police and fire stations. The Metropolitan Council representatives had one meeting with Mr. Hoffman that was followed up P P g by the letter of February 9'. Staff has obviously had little time to digest this request, nor has the Community, Planning Commission, and City Council had an opportunity to receive information and have public discussions regarding this proposal. As you are well aware, if the City were to undertake a public project to create 1.5 million dollars in additional real estate value through the use of tax increment financing or other development tools, the City would be required to go through a process of public notice and hearings and take public input into consideration before undertaking the project. It may be similarly appropriate then to have public input and review of a proposal to remove 1.3 to 1.5 million dollars in taxable property from the City if there was any interest in entertaining the request from the Metropolitan Council. 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 Metropolitan Council Working for the Region, Planning for the Future � 9 February 2001 Mr. Brad Hoffman Director of Community Development City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2100 Dear Mr. Hoffman: Thank you again for taking the time to meet with me to discuss the Council's Family Affordable Housing Program (FAHP). Please let this letter serve as the Metropolitan Council's formal request to the City of Brooklyn Center to participate in the Metropolitan Council's Family Affordable Housing Program. Specifically, we are asking that Brooklyn Center approve and execute the enclosed Cooperation Agreement that allows for the placement of up to 10 units in your community. There are several benefits to the citizens of Brooklyn Center in participating in the Family Affordable Housing Program: ➢ Quality improvements will be made to all properties purchased by the Council, thus improving the quality of the overall housing stock. ➢ Thirty percent of all Brooklyn Center FAHP units will be leased to Brooklyn Center residents! ➢ Participation in FAH? will potentially gain additional points on upcoming transportation funding applications Brooklyn Center submits to the Metropolitan Council for consideration. ➢ Upon request, Brooklyn Center will be provided with technical services to help address planning for senior housing needs. ➢ Upon request, the Council will give priority to requests for project -based Section 8 rental assistance for senior housing development(s) in Brooklyn Center! Regulations no longer require rehabilitation, providing for the simplified conversion of existing property. ➢ Residents of Brooklyn Center will be provided with long -term, quality, work -force housing for families. ➢ Brooklyn Center residents will not be displaced as the Council will only purchase vacant units or units for sale by their owner occupant. ➢ FAHP units will be rental housing that is professionally managed, with resident screening that will help ensure residents have a successful rental experience. ➢ Appropriate services will be provided to residents, particularly in the area of job attainment and job enhancement. ➢ The Metropolitan Council will work with Brooklyn Center staff to ensure acquisition efforts do not interfere with redevelopment plans or opportunities. As you know, the Metropolitan Council is committed to working with cities in cooperative, incentive based partnerships. In an effort to complete a potential total of 200 units, we are approaching cities throughout suburban Anoka, Ramsey and Hennepin Counties to partner with us on this critical new Please see attached Fact Sheet for detailed information. 230 East Fifth Street St. Paul, Minnesota 55101 -1626 (651) 602 -1000 Fax 602 -1550 TDD /TrY 291 -0904 Metro Info Line 602 -1888 An Equal OPPort-W! Em~ L Mr. Brad Hoffman 9 February 2001 Page Two initiative. Time is of the essence as the deadline for completion of these units is April 2002. In addition to the Fact Sheet and sample Cooperation Agreement, I have enclosed a sample resolution for consideration by the Brooklyn Center City Council. We would appreciate the City Council taking formal action on our request by the end of February or very early March. There are many benefits to FAHP participation by Brooklyn Center. If you need any further information, please contact me at 651.602.1345. Thank you for your thoughtful consideration. Sincerely, ME POLITAN CO CIL Ceci a edor Associate Director Special Projects /cmb Enclosures cc: Michael McCauley Tom Bublitz Elizabeth Ryan Caren Dewar Jay Lindgren Ted Mondale Council Member Todd Paulson Metropolitan Council Improve regional competitiveness in a global economy FAMILY AFFORDABLE HOUSING PROGRAM FACT SHEET What is the Family Affordable Housing Program? The Metropolitan Council's Family Affordable Housing Program (FAHP) is an affordable family rental housing program. This is one tool Brooklyn Center and other suburban cities can utilize to help address the critical and escalating need for more affordable housing units. Where will the FAHP be implemented? The Council hopes to partner with and execute Cooperation Agreements with several suburban municipalities in suburban Anoka, Hennepin and Ramsey counties. How many units will the Council acquire? At this time, the Council is in receipt of funding to acquire and improve approximately 50 units. The Council has been asked to complete 150 to 170 additional units, and is therefore seeking approval to acquire up to 20 units in each municipality. What types of units will the Council acquire? The Council will focus its acquisition efforts on single family homes, town homes, condominiums, and duplexes. In some cases the Council may elect to buy residential structures containing up to eight units. Unit sizes will range from two to five bedrooms. How will the FAHP be implemented? In order to avoid the unnecessary relocation of Brooklyn Center families, the Council will acquire residential properties for sale by their owner - occupants. At this time, the Council will only purchase multi - family rental dwellings if all units are vacant. The Council has engaged a real estate professional to assist in the identification of potential properties. The Council has established "Unit Location Criteria" (Attachment A) to serve as a guide to the Council's acquisition efforts. In addition, the Council will not buy properties in census tracks. that are "impacted" by race or poverty . Once a Cooperation Agreement has been executed, the Council will work with Brooklyn Center staff to identify appropriate areas in which to focus acquisition efforts. The Council wants to coordinate its efforts with city activities to ensure, for example, that it does not acquire properties a city plans to acquire for redevelopment purposes. Who will own the FAHP units? The Council will be responsible for and directly own all FAHP units. Census tracks may not have a poverty population of 12.2% or more, nor may they have minority population greater that 28.68 %. The Council will identify, and subsequently notify municipalities, of any ineligible census tracks. Family Affordable Housing Program Fact Sheet 9 February 2001 Page 1 of 3 Who will manage the FAHP units? The Council will retain a professional property management company to provide day to day property management services. Additionally, Council staff will provide professional asset management to ensure all units are managed and maintained according to Council standards and are long -term community and neighborhood assets. What are the Council's property management standards ?? In addition to providing quality affordable rental housing, the Council wants to ensure that its housing is a strong asset to communities. It is our goal that neighbors and other community members cannot ascertain by either the maintenance of the housing, nor by the behavior of residents, that the home is affordable rental housing. Rather, we plan to ensure that it is another spoke in the wheel of quality stable housing that helps provide a quality, stable community. We will be responsive and responsible to our residents and communities in ensuring that this goal is continually realized. Who will live in the FAHP Units? Up to 30% of all FAH? units in each municipality may be leased based upon local preferences. To that end the Council will notify families on the Council's Section 8 waiting list for Brooklyn Center. These units are designated "Incentive Units ". Since the acquisition and operation of the FAHP units will be funded by federal funds made available under the Hollman consent decree, 70% of the units will be made available to Minneapolis families whose rental units were demolished under the consent decree or otherwise are affected by the consent decree. If the Council is not able to lease available FAHP units to Minneapolis families within 30 days, the Council may lease FAHP units to eligible families living in Brooklyn Center. What are the Council's resident selection criteria? It is the Council's goal to provide quality, stable, secure homes for families in the region. To that end, it is imperative that resident selection criteria be applied that provides residents with ample opportunities to succeed and be stable, positive members of residential communities. A draft summary of the Council's Selection Criteria is attached (Attachment B). Will support services be provided to residents? The Council currently operates a Family Self- Sufficiency Program that will be made available to FAHP residents as well. We are currently enhancing our program further by implementing welfare -to -work initiatives, and building collaborative partnerships with TANF and job placement providers. We will meet with Brooklyn Center staff to obtain information on local employers in need of employees, and will work to build connections between the two. 2 All housing will be operated and maintained according to the Council's Low Rent Public Housing Policies & Procedures. Family Affordable Housing Program Fact Sheet 9 February 2001 Page 2 of 3 Will property taxes be paid on Council -owned property? State law exempts public housing units from all real and personal property taxes of cities, counties and the state. Rather, the Council is required to pay PILOT, Payment in Lieu of Taxes. Under State law, PILOT payments generally equal five percent of gross rents charged to a family. However, as provided for under federal law, Council PILOT payments for FAHP units will be 10% of gross rents charged to each family. Payments are made annually to the county in which the property is located. The county is then responsible for distributing that payment to the various taxing authorities. Why should cities participate in the FAHP? There are many reasons why cities will choose to participate in the Council's Family Affordable Housing Program: ➢ Quality improvements will be made to all properties purchased by the Council, thus improving the quality of the overall housing stock. ➢ Thirty percent of all Brooklyn Center FAHP units will be leased to Brooklyn Center residents. ➢ Participation in FAHP will potentially gain additional points on upcoming transportation funding applications Brooklyn Center submits to the Metropolitan Council for consideration. ➢ Upon request, Brooklyn Center will be provided with technical services to help address planning for senior housing needs. ➢ Upon request, the Council will give priority to requests for project -based Section 8 rental assistance for senior housing development(s) in Brooklyn Center as follows: • For every one FAHP unit secured in Brooklyn Center, the Council will prioritize project -based rental assistance for one senior unit. Thus, if 10 FAHP units are approved in Brooklyn Center, priority will be given for project- basing 10 senior units. Prioritization is contingent upon the following: • All proposals must be project - specific and submitted within 24 months of the Council's final acquisition in Brooklyn Center. (If Developer XYZ has a senior housing development in Brooklyn Center in need of Section 8 project -based rental assistance, the City of Brooklyn Center may forward a request to the Metropolitan Council for priority consideration (due to FAHP participation). • Requests for project basing must be made at application times as advertised by the Metropolitan Council. • The Metropolitan Council must have vouchers available to project -base and remain within the statutory project - basing limitations and established criteria. ➢ Residents of Brooklyn Center will be provided with long -term, quality, work -force housing for families ➢ Brooklyn Center residents will not be displaced as the Council will only purchase vacant units or units for sale by their owner occupant. ➢ FAHP units will be rental housing that is professionally managed, with resident screening that will help ensure residents have a successful rental experience. ➢ Appropriate services will be provided to residents, particularly in the area of job attainment and job enhancement. ➢ The Metropolitan Council will work with Brooklyn Center staff to ensure acquisition efforts . do not interfere with redevelopment plans or opportunities. Family g Pro Affordable Housing am Fact Sheet 9 February 2001 Program 3 of 3 Attachment A Metropolitan Council Improve regional competitftwness in a global economy Family Affordable Housing Program (FAHP) Unit Location Criteria Units being acquired by the Metropolitan Council for the FAHP will adhere to the following location criteria as a general guide for development. These criteria are established to focus efforts of the Metropolitan Council staff and its agents in placing the FAHP units in participating communities within Anoka, Hennepin, and Ramsey counties. 1) All units created under the FAHP will be located- outside of Minority and Poverty Concentrated Areas as prescribed in the Hollman Consent Decree, unless specifically agreed upon by all parties to the Consent Decree. 2) To the extent practicable, FAHP units will be located within V4 mile of public transportation opportunities and/or in communities with local public transportation services. These opportunities may consist of stops or routes, local dial -a -ride programs, transit hubs, LRT stations, or other public transportation programs as may be provided by the local or regional jurisdiction. . 3) To the extent practicable, FAHP units will be located near educational opportunities for children. These opportunities may include public or private elementary, middle or senior high schools, preschools, or other specialized learning centers that may benefit residents of the units. When possible, units should be located within walking distance of educational facilities. 4) To the extent practicable, FAHP units will be located within walking distance of daycare facilities, including commercial or licensed home daycare providers. 5) To the extent practicable, FAHP units will be located in communities experiencing entry- level job growth and to the extent possible near employment opportunities for residents. 6) To the extent practicable, FAHP units will be located within % mile of neighborhood services such as grocery or convenience stores. 7) To the extent practicable, FAHP units will be located within two miles of regional shopping and services, including grocery, banking, medical, dental, clothing and other services. 8) To the extent practicable, FAHP units will be located near social service centers and job training centers. 9) To the extent practicable, FAHP units will be located near recreational facilities such as parks, trail ways, bike paths, ball fields, tennis courts, community centers, playgrounds, ice rinks, etc. Attachment B Metropolitan Council Improve regional competitiveness in a global economy FAMILY AFFORDABLE HOUSING PROGRAM General Summary of Resident Selection Criteria (The contents of this document are subject to review and approval by the Metropolitan Council and the U.S. Department of Housing & Urban Development.) Goals The goals of the resident selection criteria detailed below are as follows: ➢ provide quality, stable, secure homes for families in the region ➢ provide an opportunity for families with low- incomes to enhance their positive rental history ➢ ensure residents of Council -owned housing are stable, positive members of residential communities ensure Council -owned property is an asset to all communities by operating such housing in a responsible and responsive manner. Criteria Generally, the history of an applicant's conduct must demonstrate capability of compliance with the terms of the Council's lease. A. Rental History Applicants must have the following to be considered for admission: ➢ positive rental history of at least 12 consecutive months within the previous two years S ➢ history of timely, full payment of rents ➢ history of cooperation with management and other residents ➢ . history of abiding by all other lease terms history of no property damage B. Criminal History Applicants must have no history of the following, subject to the Council's Basis for Admission Denial: criminal record of drug - related activity criminal record related to physical violence to persons or destruction of property ➢ criminal record that would adversely affect the health, safety or welfare of other residents and/or neighbors C. Income ➢ At least 40% of families admitted during the Council's fiscal year must have incomes that do not exceed 30% of area median income. ➢ The balance of residents admitted during the Council's fiscal year must have incomes that do not exceed 80 1 /b of median income. If the Council receives unfavorable information about an applicant, the Council will consider the time, nature, and extent of the applicant's conduct and factors that might indicate a reasonable probability of favorable future conduct or financial prospects. Background Checks In order to achieve the goals set out above, the Council will: ➢ Confirm sources of income ➢ Confirm rental history by contacting p revious landlords and obtaining unlawful detainer reports ➢ Order credit reports to identify other previous addresses and subsequently contacting other identified landlords, if any D Order criminal background checks to review criminal history of applicants and/or household members (Dtaft)1 November 2000 i Attachment B Metropolitan Council Improve regional competitiveness in a global economy FAMILY AFFORDABLE HOUSING PROGRAM Summary of Basis for Admission Denial (The contents of this document are subject to review and approval by the Metropolitan Council and U.S. Department of Housing & Urban Development.) A record of any of the following may be sufficient cause for the Council to deny admission: 1. Failure to pay rightful financial obligations, including rent and utilities. 2. Unpaid rent or other amounts owed to the Council or to another PHA in connection with Public Housing or Section 8 Programs. 3. Inability to comply with the Council's lease without supportive services from Council staff that would require an alteration in the fundamental nature of the Family Affordable Housing Program; 4. Disturbance of other residents, neighbors, or property management company staff; • S. History, or current violation, of the terms and conditions of any lease or occupancy agreement. 6. Destruction of property, or living or housekeeping habits at prior residences that may adversely affect the health, safety or welfare of other residents or neighbors; 7. A history of,* or current record of, criminal or other activity involving physical violence to persons or property by the applicant or any member of the applicant's household, or a history of other criminal acts, conduct or behavior by the applicant or any member of the applicant's household which would adversely affect the health, safety or welfare of other residents, neighbors, Council employees, or property management agent employees; _ 8. A history of, or current record of, drug - related criminal activity by the applicant, any member of the applicant's household, or a guest or other person under the applicant's control. 9. Illegal use or pattern of use of a drug or controlled substance, or abuse or pattern of abuse of alcohol which the Council determines may interfere with the health, safety or the right to peaceful enjoyment of the premises or adjacent premises by neighbors, Council or property management agent staff; 10. Any conviction for manufacturing or producing methamphetamine (speed) shall be cause for lifetime denial; . 11. Lifetime registration under a state sex offender registration program shall be cause for a lifetime denial. FAMII.Y AFFORDABLE HOUSING FROORAM Page 1 of 2 Dian Summary of Basis for Admission Denial I November 2000 Draft 12. Fraud in connection with any Federal housing assistance program; 13. Eviction from housin g programs or termination from residential ro ams (taking into account the date and circumstances); 14. Eviction from assisted housing within three years of the time the application is being processed for any drug related criminal activity involving personal use or possession; 15. Eviction from assisted housing within five years of the time the application is being processed for any drug related criminal activity involving the illegal manufacture, sale, distribution or possession with intent to manufacture, sell, distribute a controlled substance as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802; 16. Any misrepresentation relevant to the application process discovered at any time prior to after signing the lease; 17. Failure to cooperate with the Council or its management agent in completing the application process; 18. Failure to provide written accurate, current, objective and verifiable information regarding rental history, income, assets, family composition, childcare, drug or alcohol abuse, illegal drug use, or criminal activity; 19. Failure to supply requested documents as required to complete the application process; 20. Threatening, abusive or violent conduct towards a Council employee, management agent employee, other applicant, resident or neighbor. Except for items 10 and 11 above, an arrest or conviction is not required to deny admission. FAMILY AFFORDABLE HOUSING PROGRAM Page 2 of 2 Draft Smmmry of Baba for Admission DmW 1 November 2000 Draft i COOPERATION AGREEMENT Metropolitan Council Family Affordable Housing Program THIS COOPERATION AGREEMENT ( "Agreement ") is entered into by and between the Metropolitan Council (the "Metropolitan Council ") and the City of Brooklyn Center, State of Minnesota (the "Municipality "). WHEREAS, the Metropolitan Council is a public corporation and political subdivision of the State of Minnesota and is authorized by Minnesota Statutes section 473.195 to exercise the functions, rights, duties, privileges, immunities and limitations as are provided for housing and redevelopment authorities created for municipalities; and WHEREAS, pursuant to Minnesota Statutes section 473.195 the provisions of Minnesota Statutes sections 469.001 to 469.047 and of all other laws relating to housing and redevelopment authorities apply to the Metropolitan Council when the Metropolitan Council is functioning as an authority; and WHEREAS, in conjunction with the implementation of its Family Affordable Housing Program ( "FAHP "), the Metropolitan Council proposes to acquire within the corporate limits of the Municipality on a scattered -site basis a limited number of residential properties ( "FAHP Units") and will focus its acquisition efforts on housing structures containing four units or less; and WHEREAS, the governing body of the Municipality has given its prior approval regarding the Metropolitan Council's proposed housing initiative pursuant to Minnesota Statutes section 473.195, subdivision 1. WITNESSETH: In consideration of the mutual covenants in this Agreement, the Municipality and the Metropolitan Council agree as follows: 1. Whenever used in this Agreement: (a) The term "FAHP Units" shall mean up to ten (10) residential housing units, as defined in Title 42 United States Code section 1437a(b)(1), developed or acquired by the Metropolitan Council in connection with its Family Affordable Housing Program with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (the "Government") and located on a scattered -site basis within the corporate limits of the Municipality. (b) The term "Taxing Body" or "Taxing Bodies" shall mean the State of Minnesota and any and all political subdivisions or taxing units thereof in which FAHP Units are situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to the FAHP Units if the units were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total rentals of a FAHP Unit charged to tenants during the preceding calendar year, excluding any charges for utilities and special Page 1 of 4 Pages services such as heat, water, electricity, gas, sewage disposal or garbage removal, and excluding all other income of the FAHP Unit. 2. The Metropolitan Council shall endeavor to: (a) Secure a contract or contracts with the Government for capital grants and annual contributions for the FAHP Units; and (b) Acquire or develop and administer the FAH? Units. 3. The Metropolitan Council and the Municipality agree: (a) Pursuant to Minnesota Statutes section 469.040, and applicable federal laws and regulations, including Title 24 Code of Federal Regulations section 941.201(d), each FAHP Unit is exempt from all real and personal property taxes levied or imposed by any Taxing Body for so long as either: (i) the FAHP Unit is owned by a public body or governmental agency and is used for housing as defined in Title 42 United States Code section 1437a(b)(1); (ii) any contract between the Metropolitan Council and the Government in connection with the FAHP Unit remains in force and effect; or (iii) any bonds issued in connection with the FAHP Unit or any monies due to the Government. in connection with the FAHP Unit remain unpaid, whichever period is the longest (the "Exemption Period"). (b) During the Exemption Period, the Municipality, on behalf of all Taxing Bodies, agrees that it will not levy or impose any real or personal property taxes upon a FAHP Unit or upon the Metropolitan Council with respect to the FAHP Unit. (c) During the Exemption Period, the Metropolitan Council_ shall make, or cause to be made, payments in lieu of taxes ( "Payments in Lieu of Taxes ") in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to each FAHP Unit. Each Payment in Lieu of Taxes shall be made at the time when real property taxes on a FAHP Unit would be paid if the FAHP Unit were subject to taxation, and shall be in an amount equal to ten percent (10 %) of the Shelter Rent charged with respect to the FAHP Unit during the preceding calendar year. A Payment in Lieu of Taxes for a FAHP Unit may not exceed the amount which would be payable in taxes if the FAHP Unit were not exempt from real or personal property taxes. (d) Pursuant to Minnesota Statutes section 469.040, subdivision 3, the County within which a FAHP Unit is located shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the FAHP Unit were not exempt from taxation bears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the FAH? Unit were not exempt from taxation; provided, however, that no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the FAHP Unit were not exempt from taxation. Page 2 of 4 Pages 4. During the Exemption Period, the Municipality, or other appropriate Taxing Body, without cost or charge to the Metropolitan Council or the tenants of a FAHP Unit (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Metropolitan Council and the tenants of the FAHP Unit public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; Accept ants of easements necessary for the development (b) eP Sr' �' of FAHP Units; and p (c) Cooperate with the Metropolitan Council by such other lawful action or ways as the a e Municipality or other Taxing Body and the Metropolitan Council may find necessary in connection with the development and administration of the FAHP Units. 5. In respect to the initial development of FAHP Units, the Municipality further agrees, on behalf of all Taxing Bodies, that within a reasonable time after receipt of a written request from the Metropolitan Council: (a) It will accept the dedication of all interior streets, roads, alleys and adjacent sidewalks within the area of FAHP Units, together with all storm and sanitary sewer mains in such dedicated areas, after the Metropolitan Council, at its own expense, has completed the grading, improvement, paving and installation thereof in accordance with specifications acceptable to the Municipality or other Taxing Body; (b) When required by city ordinance, it will accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all streets bounding FAH? Units or necessary to provide adequate access to the FAH? Units (in consideration for which the Metropolitan Council shall pay to the Municipality or other Taxing Body such amount as are or could be assessed against the FAHP Unit sites for such work if such sites were privately owned); and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to FAHP Units and serving the streets bounding the FAHP Units (in consideration for which the Metropolitan Council shall pay to the Municipality or other Taxing Body such amount as would be assessed against the FAHP Unit sites for such work if such sites were privately owned). 6. If by reason of the Municipality's or other Taxing Body's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed to furnish or cause to be furnished to the Metropolitan Council or to the tenants of any FAHP Unit, the Metropolitan Council incurs any expense to obtain such services or facilities, then the Metropolitan Council may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality or other Taxing Body in respect to any FAHP Unit or any other housing units owned or operated by the Metropolitan Council. 7. No Cooperation Agreement previously entered into between the Municipality and the i Metropolitan Council, if any, shall be construed to apply to any FAH? Units covered by this Agreement. Page 3 of 4 Pages 8. No member of the governing body or any other public official of the Municipality or other Taxing Body who exercises any responsibilities or functions with respect to the any FAHP Unit during her or his tenure or for one year thereafter shall have any interest, direct or indirect, in any FAHP Unit or any contracts in connection with any FAHP Unit. If any such governing body member or such other public official of a Taxing Body involuntarily acquires or had acquired prior to the beginning of her or his tenure any such interest, she or he shall immediately disclose such interest to the Metropolitan Council. 9. During the Exemption Period, this Agreement shall not be abrogated, changed or modified without the consent of the Government. The privileges and obligations of the Municipality and other Taxing Bodies shall remain in full force and effect with respect to the FAHP Units so long as the beneficial title to the FAHP Units is held by the Metropolitan Council or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of housing as defined in Title 42 United States Code section 1437a(b)(1). If at any time the beneficial title to, or possession of, a FAHP Unit is held by such other public body or governmental agency, including the Government, the provisions of this Agreement shall inure to the benefit of and may be enforced by, such other pubic body or governmental agency, including the Government. 10. The obligations of the parties under this Agreement shall apply to each FAHP Unit. IN WITNESS WHEREOF., the authorized representatives of the Municipality and the Metropolitan Council have respectively signed this Agreement. This Agreement is effective on the date when both parties' authorized representatives have signed this Agreement. CITY OF BROOKLYN CENTER METROPOLITAN COUNCIL By By Jay R. Lindgren Its Regional Administrator Date Date and By Its Date This document drafted by: Office of the General Counsel Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101 (651) 602 -1706 FAHPCOOPBLN O123mi Page 4 of 4 Pages SAMPLE CITY RESOLUTION RESOLUTION NO. CITY OF BROOKLYN CENTER COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION APPROVING A COOPERATION AGREEMENT WITH THE METROPOLITAN COUNCIL FOR THE ACQUISITION AND OPERATION OF RESIDENTIAL PROPERTIES IN CONJUNCTION WITH THE METROPOLITAN COUNCII.'S FAMILY AFFORDABLE HOUSING PROGRAM AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE COOPERATION AGREEMENT ON BEHALF OF THE CITY. WHEREAS, the Metropolitan Council is authorized by Minnesota Statutes section 473.195 to exercise the, functions, rights, duties, privileges, immunities and limitations as are provided for housing and redevelopment authorities created for municipalities; and WHEREAS, in conjunction with the implementation of its Family Affordable Housing Program ( "FAHP "), the Metropolitan Council proposes to acquire and administer residential properties ( "FAHP Units ") within the boundaries of the City, up to thirty percent of which units will be made available to eligible residents of the City; and WHEREAS, Minnesota Statutes section 473.195, subdivision 1 requires the Metropolitan Council to obtain the approval of the governing body of the City before the Metropolitan Council may • implement its proposed housing initiative within the boundaries of the City; and WHEREAS, federal law requires the Metropolitan Council to enter into a Cooperation Agreement with the City in connection with the proposed acquisition and operation of the FAHP Units. NOW THEREFORE, BE IT RESOLVED by the City Council that pursuant to Minnesota Statutes section 473.195 the City Council gives its prior approval to the Metropolitan Council's proposal to, acquire and administer up to ten (10) FAHP Units within the boundaries of the City; and BE IT FUTHER RESOLVED, by the City Council that the Mayor and the City Administrator are authorized to execute the Cooperation Agreement on behalf of the City. Adopted this _ day of , 2001. Mayor ATTEST: City Administrator ( SEAL ) FAHPCITYRES 10@7/00 City Council Agenda Item No. lof • There are no materials for this item. • City Council Agenda Item No. 10g • • MEMORANDUM DATE: March 22, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing Xcel Energy to Recover the Cost of Undergrounding Brooklyn Boulevard Electric Transmission Facilities by a Surcharge to Brooklyn Center Xcel Customers Staff and City Attorney Charlie LeFevere are in negotiations with Xcel Energy about this item, and we expect to have (a) resolution(s) and more information for the Council at the meeting Monday night, possibly as soon as Friday. At issue in general is the estimated cost to accomplish the work. Staff and the City Attorney are of the opinion that the City's right of way ordinance provides the City with the authority to direct Xcel to relocate overhead utilities underground at no cost to the City when those utilities have to be relocated because of a public improvement. Staff, the City Attorney, and Xcel are in agreement that the City is required to pay the cost of undergrounding when the City requests it solely for its convenience, such as'.. for aesthetic purposes. Xcel attorneys are disputing that the City has the authority to direct that relocated utilities be relocated i underground at no cost. Because of the outstanding case in downtown Minneapolis regarding relocating . utilities in the way of the LRT project, Xcel is being very cautious and conservative when it comes to the issue of tandergrowiding. Xcel's original cost estimate of accomplishing undergrounding from 65` to the north city limits was .. ; . $650,000 in 1995. The most recent estimate was just over $1 million. The City Council had previously expressed its approval to pay this cost using a method known as surcharging. 'Under this method, th6 "City`" declines to pay the cost of the undergrounding up front, and does not dispute Xcel's ability to collect this charge by a small surcharge added to the monthly electric bills of customers in Brooklyn Center. Under this type of method, to pay for this cost Xcel would surcharge residential customers (by far the most numerous type of customer in Brooklyn Center) an estimated $3.39 per month for 20 months. If the undergrounding in the roadway project area, from 65 to Noble, were to be accomplished at no charge to the City, then the surcharge would be much less per month for a shorter period of time. Construction will begin in earnest on Brooklyn Boulevard around the first week of May. Unfortunately we are in a position where Xcel needs to get started on the undergrounding ASAP, and they won't start until this issue is resolved and the Council takes action. Additional Item Staff asked Xcel to provide an estimated cost of extending the undergrounding south, from 65 Avenue to just south of the fire station. This would clearly be for aesthetic purposes, and would be at City expense. The estimated cost of this improvement is about $150,000, which would result in a surcharge of $1 per month per residential customer for 12 months. The advantage of accomplishing this would be to improve • the look of the boulevard down past the new Rainbow shopping center and the new fire station. No other beautification or enhancement projects are scheduled for that segment of Brooklyn Boulevard. Member introduced the following resolution and moved its adoption: 1 ` RESOLUTION NO. RESOLUTION DIRECTING EXCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65TH AVENUE TO 63 AVENUE WHEREAS, enhancement improvements on Brooklyn Boulevard from 65th Avenue to just south of the West Fire Station at 63rd Avenue are proposed; and WHEREAS, these aesthetic improvements require that Xcel relocate its overhead facilities; and WHEREAS, the City does acknowledge that it is in receipt of a letter dated March 21, 2001 outlining the estimated cost of the requested undergrounding and the estimated monthly surcharge on Xcel's customers in the City and that the surcharge amount is based on an underground tariff now pending before the Minnesota Public Utilities Commission; and WHEREAS the City understands 1 Energy will not _ ty tands that Xce gy lace its facilities p underground on a County Road unless the City agrees to Xcel's collection of its necessary, actual and reasonably incurred costs by a surcharge on its customers within the City NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Xcel Energy is hereby requested and directed to relocate its overhead facilities on Brooklyn Boulevard from just south of the West Fire Station at 63rd Avenue to 65th Avenue. 2. The City agrees that Xcel may collect its necessary, actual and reasonably incurred costs by a surcharge once approval of an underground tariff is issued by the Minnesota Public Utilities Commission. Resolution No. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65TH AVENUE TO NORTH CITY LIMITS WHEREAS, in 2001, roadway and enhancement improvements will be completed on Brooklyn Boulevard from 65th Avenue to the North City Limits, widening Brooklyn Boulevard to provide for improved traffic safety; and WHEREAS, the roadway improvement project requires that Xcel relocate its overhead facilities; and WHEREAS, to improve public safety a below ground utility corridor in the boulevard and sidewalk/trail area of the east side of the roadway has been established; and WHEREAS, the City does acknowledge that it is in receipt of a letter dated March 21, 2001 outlining the estimated cost of the requested undergrounding and the estimated monthly surcharge on Xcel's customers in the City and that the surcharge amount is based on an underground tariff now pending before the Minnesota Public Utilities Commission; and WHEREAS, the City understands that Xcel Energy will not place its facilities underground on a County Road unless the City agrees to Xcel's collection of its additional necessary, actual and reasonably incurred costs by a surcharge on its customers within the City NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Xcel Energy is hereby requested and directed to relocate its overhead facilities on Brooklyn Boulevard from 65th Avenue to the North City Limits to the new below ground utility corridor. 2. The City agrees that Xcel may collect its necessary, actual and reasonably incurred costs by a surcharge once approval of an underground tariff is issued by the Minnesota Public Utilities Commission. Resolution No. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. lOh MEMORANDUM • DATE: March 21, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report Re: Spring Flooding Potential Various news reports have indicated that there is a potential for spring flooding on the Mississippi River. This memo will serve to bring the Council up to date on the status of potential flooding as well as remind the Council and interested parties of the details of the City's Flood Protection Contingency Plan. Flood Potential Police Chief Joel Downer, Fire Chief Ron Boman,' City Engineer Todd Howard; and I met with Tim Turnbull of Hennepin County Emergency Preparedness on Tuesday, March 20 to assess spring flooding potential in Brooklyn Center and review emergency response protocols. Based on information from the Corps of Engineers and the National Weather Service, Hennepin • County believes that flood potential is limited to the Mississippi reach below Minneapolis. This is based on the assumption that snowmelt will proceed as it has recently with moderate days, nights below freezing, and low to moderate rainfall. Hennepin County will continue to monitor conditions county wide, and the City Engineer will continue to monitor our reach of the river through his contacts at the Corps. Response As summarized in the City's Local Water Management Plan, there are about 100 "low -lying structures" in Brooklyn Center. A low -lying structure is a building adjacent to the flood, plain where the lowest floor elevation is one foot or less above the 100 -year flood elevation. Nine of these structures are on the Mississippi River, and the rest are located on Twin Lakes, Shingle Creek, or the Ponds. The City has in place a Flood Protection Contingency Plan, which was approved in 1975. Under this plan the City's response to a potential flood event is: ■ Notify persons that reside in an area which could be subject to flooding; ■ Provide a contact. person whom they can contact for help and information; ■ Provide the most current flood information available; ■ Provide sandbags and sand at cost to residents who desire them; ■ Strongly recommend that eligible homeowners purchase flood insurance; and ■ Strongly recommend that individuals actively take steps to floodproof their properties • through the construction of earthen dikes or dams. • In past times of flood potential, the City Public Works Department simply notified residents in areas of potential flooding of this information. In 1997, when flood potential was much greater than it had been since the 1965 and 1969 floods, as a result of pressure from the residents along Willow Lane south of 66 the City assisted by volunteers undertook an extensive temporary floodproofing project, including filling and placing thousands of sandbags and constructing an earthen dike. The estimated cost of this endeavor was about $26,700, of which $24,400 was reimbursed by FEMA. This does not include the cost of mutual aid provided by Crystal and Brooklyn Park, nor the value of labor provided by volunteers and donated items such as food and beverages. The value of the 1997 exercise is that we learned that we can mobilize and provide such flood disaster assistance very quickly and effectively. On the other hand, the assistance we provided went well beyond the City's Contingency Plan, and was a very expensive response to protect about seven or eight homes along the Mississippi River. At the time of that extraordinary response, representatives of the Riverwood Association were told that this was an extraordinary response, and that it is the property owner's responsibility to make arrangements to permanently floodproof their home. One property had been adequately flood proofed prior to the 1997 event. To our knowledge, none of the other property owners has done so, in fact, we have received unconfirmed reports that one property owner has regraded his back yard to eliminate the few small higher areas that had provided a small amount of flood proofing. • Recommendation It is the recommendation of the Flood Emergency Response .Team that the Council reaffirm the Flood Protection Contingency Plan, and direct staff to notify residents in areas of potential flooding of current conditions and of the City's Contingency Plan. The Flood Protection Contingency Plan will be revisited and updated later this year when the Storm Drainage and Shoreland Management ordinances are prepared, and as the City participates in the development of the Shingle Creek and West Mississippi Watershed Management Organization's Second Generation Watershed Management Plans. • A Example of a letter snet in previous years i March 19, 1982 TO: RESIDENTS IN FLOOD PRONE AREAS t Dear Property Owner: Although the U.S. Weather Bureau has not yet issued its predictions for spring flooding, it appears that a fast melt could result in fairly high. flood levels this spring. Therefore, the City of Brooklyn Center has prepared contingency plans for potential flooding in the areas where problems have existed in the past. In the event that you have experienced flooding in previous years and are in need of sand bags for diking around your home, the City, is making provisions to sell the bags to you at our cost of $0.30 per bag. The sand bags can be purchased at • the City Garage located at'6844'Shingle Parkway, between 8:00 A.M. and 4:30 P.M. Monday through Friday. Sand, use in filling sand bags, will be made available at no charge. .If you have any further questions or are in need of any assistance for preparation for potential flooding, please call Mr. Richard Green, Brooklyn Center Civil Defense at 561 -5443. MORE FLOOD INSURANCE NOW 'AVAILABLE On February 17, 1982, the City of Brooklyn Center converted to the Regular Phase of the National Flood Insurance Program. Greater amounts of flood insurance are now available to all residents and businesses in the City. Single family homes are eligible for up to $185,000 maximum coverage on the structure and $60,000 on content Maximum limits for other types of buildings have increased as well. However, if you are considering buying new insurance or increasing your coverage, we would urge that you do so very soon. There is normally a 5 day waiting period,after applicatio before coverage takes effect. Persons interested in obtaining or increasing flood insurance should contact any insurance agent or broker. For information on the availability of flood insurance, flood insurance maps, and instruction manuals on how to write flood insurance, call toll -free (800) 638 -6620. • Sincerely, Sy app Director of Public Works cv.�, WAIVER AND RELEASE AGREEMENT 1. The undersigned is (are) the owners) of the property identified below (the Property). • 2. The Property lies adjacent to the Mississippi River and is in imminent danger of damage from flooding. 3. I (we) hereby request the City of Brooklyn Center to take such actions as it deems appropriate and advisable given limited time and financial resources to protect my (our) property from flood damages including earthen dams, barriers and/or sandbagging. 4. If the City undertakes such work, I (we) agree as follows: a. The City (which includes its officers, agents, employees, contractors and volunteers) will not be responsible for any damage to my (our) property resulting from any such efforts to provide flood protection or to remove such flood protection after the danger from flooding has abated. I (we) agree to indemnify and defend the City from all claims for damages or injury resulting on my (our) property from such efforts to provide flood protection. b. The City is given license to enter upon ' any part of my (our) Property for the purpose of providing such flood protection. c.:. I (We) understand that the requested work will cause damage to my (our) Property .- including but not limited to danger from machinery, earthen fill, and sandbags to Pass, turf, landscaping and improvements_ I (We) understand and agree that I • (we) will be responsible for restoration o f the Property following completion of the City's work. d. After the danger of flood damages has abated the City is given the right to enter my (our) Property to remove sandbags and earthen or other materials which have been placed on the Property. However, the City is not required to undertake the removal of such materials. In the event the City does undertake to remove such materials, I (we) shall be responsible for grading and restoring vegetative growth. e. I (We) understand and agree that the City makes no guarantee or warranty for any work voluntarily undertaken by it in connection with efforts to provide flood protection and that such efforts may prove unsuccessful. Landowner(s) This is an example of an agreement that was executed by property owners ,Address before the City would do any sandbagging or diking atitheir proeprty. • Dated: CLL120607 BR291 -5 . J This copy was made from a faded mimeographed original, and is the best copy available. CITY OF BROOKLYN CENTER • FLOOD PROTECTION; CONTINGENCY PLAN _ • 0 r-•1 0• C C: 6. 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I A.1 (1) 0 0 r-I r, - r-4 r, V a) I r-I r-I to P 4-) U 0) 0 • r-I 1-1 111 tq, V V r, .> CN �j r-4 .1 M 0 4) W (1) .0 4J 0 " -r-I p 0 X" r-I - P Irl 0 m 0 m ti• (13 14-$ V Q E-4 $•i 4J -rl ti) - a) 0 0) W E-I 0 E•; 4J ol, -4 c *, 0 r� H p rl 0 0 -C) 44 01 In -r-I 0) 0 4.1 rd 9: -r-i P. (1) C.1 N rd N (1) 11 0 (1) 4-) 0 r-, 9: If) 4J U) -1 P 91 r-I (d P () ILI N $1 r-4 -r-I $1 bi 0 4-) () Q) • rq r-1 N 0 U) V) -r-i 04 41 01 to rd -I :j 0 ILI 111 0 M 1:1 V R6 1 Q 44 r! 1 (3 -rq 4J -rI Cyl 04 4 (d 9 4J 0 4. • rq 0 (U 0 9 (U In P-I 9 44 0 r) 0 0 (d -1 0 -r-I r-4 W V P -r-I III (d . •rq U) • rq U) 0 rf L: 4.1 4J 0 -r-I V U) o w Twin. -Ryan Lakes The analysis indicates that in the upper win_ Lake area, In nor:es ^' are within 1 foot below the flood. level, 2 within 2 feet, 2 within 3 feet, and 1 within g feet below the projected flood.', level. The lower T.k Lake area does not have any walk -out basements belotr the 'predicted flood levels, while the Ryan Lake area has one home with a .calk -out basement within 2 feet below the predicted flood level. in addition to these, the_e are a total of 10 hones in the above areas cvitt *a. =1i:; -cut b•aserents within l foot above the projected flood level. The flood elevation of 856 is based on a 4' increase in the lake elevation during a 12 -hour duration rainstorm, wiTh the lake elevation_ assumed to be initially at the 'yar. Cree': overnow eie °n of C,5 If the elevation of Twin Lake is at 850 at tae ti of floc-:: occurrence, then the maximum flood elevation would be 851.! rasher than 155.0; howeva.r, the most severe condition must he used for ;•fanning purpc yes. C. RECO %rIAENDATIOtTS To minimize potential flood dam..aRe; it is recommended that the following actions be taken within the respective areas: Mississippi River area • 1. COPAL —Ict a permanent dike which b len:?s into adjacent properties the lift station at 5�L'. _ °r�e and L�vr_da'_e. 1 2.• ^aisa all interceptor sanitary sewer r^_nholes between 57th Avenue and•F.I. 94 to an elevation_ above potential flood levels. 3. Contact residents with walk -out basements more than 1 foot below the projected flood levels and work with thee. to provide permanent diking around their property at an early data: .5520 Lyndale A..venue (3.1 6400 rJillow Lane I.I. 4. Bulkhead or sandbag the catch basin in the apartment building parking lot at 201 65th Avenue Ii., and the culvert at the westerly dead end of ��illow !,ane at the nort'� si ,r_ of F.I. 9� 5. Encourage all property owners that are within I font of the f_cod level to construct a bent around their pron_rty. sb ir_r; z e Creek area 1. During periods of possible f1c:ocing, keen a constant survPi? lance T �� l "^ and 6. ^.th Avenue If: e:_tended, • c ._ Shingle Creek between_ T. F. to minimize potential ice jams or other dar*.ir_a. ?_ Use Brooklyn Center Fire Department high pressure hoses for breaking; ice jams. -6- 3. Evaluate the cost benefit of installing ar_ct!.er 72" pi, under Noble Avenue North so that the potential flood level westarly of T.H. 152 can be lowered by 2 feet. Encourage the resident at 7043 Rege ^t Avenue North to build a permanent dike of approximately lh' around his property. 4. Encourage all property owners that are within 1 foot of the flood level to construct a berry around their property. Twin -Ryan Lake area T. Contact and encourage the following residents with walk- -out base - basements more than 1 foot below potential flood level to construct permanent dikes around their propertyz 5309 E. Twin Lake Boulevard (3.2') - 5325 E. Twin Lake Boulevard 1 ,1.2 1 ) 5737 June Avenue North (1,E') 4650 Indiana Avenue.N. (1.25') 2. Encourage all property ooiners that are within 1 foot of the flood level to construct a berm around their roperty. I • III . E:mEEGENC � P ROCEDUPES A. Prctection The City's need for materials, equiprent and marroc•Jer sources to of =ectively prepare for an emergency situation' Such as a flood, have been anticipated. While the present availability of raterials, such as 3andbar;s, plastic tarps and sand, is adequate, it t: %culd be prudent on the C_ty,'s -art to maintain a minimum supply of some items. A minimum stock Would off set the possibility that such items would not be readily avail- able to the City in an emergency 1. Materials It is recommended that the City of Brooklyn Center maintain a minimum supply of Materials necessary for the construction of dikes or barriers. The City should maintain a minimum of 5,000 sandbagsl to be replaced as they are used. The City should also retain a surplus stock of eight (8) plastic tarps (200' x 8 ") to be-used-as a waterproof barrier for dikes. Plastic tarps sell for $12.06, at,the present time. It is felt that the supply of sand will not be a problem and that -it will not be necessary to maintain a-stock for this purpose only. Materials, sandbags and sand, should be made available to the residents • of Brooklyn Center at a replacement cost. This would be approximately 25(� per bag at the present time. These items would be available at the City Garage between the hours of 8. A.M. to 4:30 P.M., Monday through Friday. During a declared emergency, sand and sandbags would be available during the after hours at the police station from the Dispatcher. Each resident :could be required to fill his /her own sandbags. 2. Equipment Occasions might occur when the City will have to rent equipment from outside sources. in that event, rental sources should be retained from the source list in this report. (See Table III -A) Of -primary concern are crater pumps. Situations could.arise when water will be trapped between dikes, requiring that pumps be used to pump water over the dikes. The City hai an adequate inventory of equipment necessary to implement this plan at the present time. • 1. Price information is listed an Appendix A. ,. See Appendix E for the rolling stock inventory of equipment Maintained by the City. -8- 1 • F. Public Relations This report makes rote of the fact that many of the existing rrctlems can not be solved by the City itself. Many of the probler..s will require that t'_:e individuals affected take the necessary actions to rectify his' er c�.Tn problems. --his might include the construction of private bermes, the contouring of private property, combinations of both or any action deemed neces-sary by the individual. The City, apart from its efforts to rectify these problems within its responsibility, should make an effect to bring to the attention of affected' residents the potential problems that do exist. Letters to this effect have been sent to approximately 160 Brooklyn Center residents. taking the suggested remedial actions.this r.umber can be significantly reduced td' about 53. in offering help and guidance to individual residents, the City should inform them that: a. they reside in an area which could be subject to _ ._ flooding; b. the City has a central point that they can contact for help and information; • c� trey should be given the most current information avail- able td' the City from the U.S. Weather Bureau; 'that-sardbags and sand will be available to them at a minir- al-cost through the City e. that flood insurance is available to them; f. and, that specific information be given them concerning their particular problem. The City should take an active part in encouraging individuals to take those measures to protect their property from these problems. 1. See Appendix 3 and Appendix C. • �: Fee Appendix D. - -11- � IV. RECOP-21ENT)All' cr,s Construction_ A. Short Term . 1. initiate contact with affect residents. 2. Sandbag parking lot at 201 - 65th Ave. 11. and the culvert at the end of Willow Lane nor - -h of FI 94. E. Lonc Cerm 1> Construct permanent dikes or berms at:. a. lift station 55th & Lyr_dale b. encourage such construction by all property owners within one (1) foot of the flood level.. 2, Raise all sewer manholes between 57th Ave. and . FI 94 to a level above flood potentials. ?. Evaluate cost of a 72 pipe under Noble Ave. Td. C. Immediate Need 1, Assign an- individual to monitor flood areas for ice jams and other flood, related problems. ..aterials 1, Immediately purchase eight (8) rolls of plastic tarp: ?Iaintain a stock pile of 5,000 sandbags. 3. materials to be'sold at replacement costs. 4. Materials available at the City Garage. Public Relations 1. Create a central point at City Hall for dissemination of information. y_ Contact affected individuals offering assistance `s noted in the reoort. -12- 71 T ii hi --i ►�� ^— MISSISSIPPI RIVER , � I BASEMENT ELEVATION MAP 3/25/75 —' I k I i RELATIVE TO PROJECTED TED FL00 D ELEVATIONS — o Alo z �6dTW AVX V. Q . cn r i 7 T M Art N. --- < - -_ --1 Z • .. — _ � FLOOD ELEV. `- -� -~ -- � —•� 1, 4 s re.�s s \ AVE 552 . 6 .. 4646 8i8 -r5 ® 4 BENC MAR ` , 817.97 PARTIAL t►DtKE' P TOP OF YD 29 i 81830 C,E.. f - W . .a O 82 12 6440 8 . Z � r Z ` 6432 8Z8.00 1p y 6424 1 t '�:' • .�' b4ra St9 Y I 6408 817.60 iKE E J 6400 16.6 f - 635e .1318.35 43 54 SE7. e!3.90G 43524tH t ?,2 DIKE EY, !• KEY (oc%s ..+....�..' .-:. jR ALL ELEVATIONS ARE RELATIVE TO USGS- SEA LEVEL DATUM 857.00 WALKOUT - ABOVE PROJECTED FLOOD ELEVATION 54.00 BELOW to u r• 857.006 CONVENTIONAL — ABOVE PROJECTED FLOOD ELEVATION �- 854.008 " BELOW " I