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HomeMy WebLinkAbout2001 04-09 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION April 9, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Pond Dedication Ceremony: Request for postponement 3. Miscellaneous 4. Adjourn RIVERWOOD NEIGHBORHOOD ; 'isrl ti; A S S, O C i A T/ I Q N Honorable Mayor Kragness and City Councilmembers April 9, 2001 City of Brooklyn Center City Hall 6301 'Shingle Creek Parkway Brooklyn Center MN 55430 Re: Petition for Willow Lane Improvements Dear Mayor Kragness and City Councilmembers, Please accept this letter as the River - wood Neighborhood Association's statement of support for the petition presented to you for the installation of improvements to Willow Lane from I -694 to the dead -end North of 66th Avenue Forth. On behalf of our.association, I wish to thank the Cit_v for the long history of support which our neighborhood has received in our quest to improve our neighborhood. The currently- proposed development of single- family homes between Willow Lane and T.H. 252 is the culmination of an extensive effort by the City, one which will certainly benefit our area, and the image of the entire City. We believe the approval of the petition for improvements to that section of Willow Lane would be the final step in enhancing that portion of our neighborhood, and that it makes a great deal of sense to coordinate that with the construction of improvements serving the new development. While we recognize that it may be difficult to include these improvements into your already -busy program for 2001, we ask that you consider doing so if that is ut all possible. In supporting that petition, we note its compliance with the City's ? "prioritization principles" for scheduling public improvements, i.e.: 1. Projects which serve multiple needs: • this project would finally resolve the problem created when heavy construction equipment used in the construction of the I -694 bridge over the Mississippi River seriously damaged the surface of this street. • because the new will include the closing of the service road, and will generate additional traffic, Willow Lane will be carrying more traffic than before. plof2 • by including the replacement of water main on Willow Lane, this project would end the problem of water main breaks in this location. • both the turnaround area on the South end of Willow Lane, and the barricaded dead - end on the North, are eyesores which need to be resolved. • installation of a trail in conjunction with other improvements will fill in the "missing link" in the Regional Trail which extends from downtown Minneapolis North into Brooklyn Park. 2. Projects which immediately reduce operating costs: • completion of this project would immediately and significantly reduce the maintenance costs associated with frequent and extensive patching and repair of the street, and costs related to water main breaks. 3. Projects for which a majority of property owners submit a petition in support of the project: • the petition presented tonight was signed by nearly 100 % of all single - family home owners adjoining the project, and the petitioners believe the owners of the Riverwood Estate Apartments may join in their request. 4. Projects which are part of a regional improvement: • (not applicable to this project) 5. Projects in conjunction with other improvements in the area: • certainly, the coordination of this project with Mr. Gleason's development simply makes sense. In the course of installing the improvements to serve that development, Willow Lane «rill need to be cut up at several locations to make connections to the water main, to the sanitary sewer, to the storm sewer, to private utilities, etc. Also, the construction equipment working on that project NN411 undoubtedly do some damage to Willow Lane. • If Willow Lane is improved this year, the developer will have the opportunity to properly shape and landscape the boulevard area between Willow Lane and the back end of the lots which abut Willow Lane. If Willow Lane is not improved now, that responsibility may fall on the City, or on the people who buy those lots. • By doing this project this year, the residents will not need to cope with two separate years of construction. Thank you for your attention to, and your consideration of this request. Respectfully su mitted, Sy Knipp, Chair/Riverwood Neighborhood Association p. 2 of 2 I IMPROVEMENT PETITION CITY OF BROOKLYN CENTER, MINNESOTA RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WILLOW LANE, I -694 TO DEAD END NORTH OF 66 AVENUE TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property abutting the above - described street, hereby petition that the following improvements be made to Willow Lane between 1 -694 and the dead end north of 66` Avenue: street reconstruction, installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm drainage facilities as necessary. I (we) petition that such improvement be made in accordance with the City's currently established policy for such improvements, and understand that this policy would require that I (we) pay special assessments to help finance the requested project. We understand that in 2001, for single - family properties assessments per property are $2,290 for street improvements and $750 for storm drainage improvements. For all other properties the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm drainage improvements. Assessments may be paid in full or in installments over ten years. Address(or legal Mailing Address Name(s) description of property (If different than (Please Print) abutting this improvement) property address) Signature(s) or (.'l(,flG ems - - / - 13 A kolilte /0 Z, � /1 .� "..�i` � . �: i � ° C: d r `i '1� � � },� j ��� 1(P � !:-/�' � .'� Z•vv,� v �J � ,^,G�,CicJ /,.� -� Please attach additional names and signatures as needed and return to: City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 IMPROVEMENT PETITION CITY OF BROOKLYN CENTER, MINNESOTA RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WILLOW LANE I -694 TO DEAD END NORTH OF 66 AVENUE TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property abutting the above - described street, hereby petition that the following improvements be made to Willow Lane between I -694 and the dead end north of 66' Avenue: street reconstruction, installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm drainage facilities as necessary. I (we) petition that such improvement be made in accordance with the City's currently established policy for such improvements, and understand that this policy would require that I (we) pay special assessments to help finance the requested project. We understand that in 2001, for single - family properties assessments per property are $2,290 for street improvements and $750 for storm drainage improvements. For all other properties the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm drainage improvements. Assessments may be paid in full or in installments over ten years. Address(or legal Mailing Address Name(s) description of property (If different than (Please Print) abutting this improvement) property address) Signature(s) f Iz SAM ., 1 J /� ` -J„'"" lc, I � � � Ck Ik ` Z, Tf A ! r �S� )a- �, l IIJVJI� � ` �5�7.1.;.J.�: C �w✓�1/ ' AJ LT j Please attach additional names and signatures as needed and return to: City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 IMPROVEMENT PETITION CITY OF BROOKLYN CENTER, MINNESOTA RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WILLOW LANE, I -694 TO DEAD END NORTH OF 66 AVENUE TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property abutting the above - described street, hereby petition that the following improvements be made to Willow Lane between I -694 and the dead end north of 66"' Avenue: street reconstruction, installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm drainage facilities as necessary. I (we) petition that such improvement be made in accordance with the City's currently established policy for such improvements, and understand that this policy would require that I (we) pay special assessments to help finance the requested project. We understand that in 2001, for single - family properties assessments per property are $2,290 for street improvements and $750 for storm drainage improvements. For all other properties the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm drainage improvements. Assessments may be paid in full or in installments over ten years. Address(or legal Mailing Address Name(s) description of property (If different than (Please Print) abutting this improvement) property address) Signature(s) 27 Jf ti ✓',. 1-Im i c7 667e j J Please attach additional names and signatures as needed and return to: City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 r IMPROVEMENT PETITION CITY OF BROOKLYN CENTER, MINNESOTA RE: STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WILLOW LANE, I -694 TO DEAD END NORTH OF 66 AVENUE TO THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: Pursuant to Minnesota Statutes, Chapter 429 I (we) the undersigned, owners of real property abutting the above - described street, hereby petition that the following improvements be made to Willow Lane between I -694 and the dead end north of 66' Avenue: street reconstruction, installation of concrete curb and gutter and concrete aprons; replacement or rehabilitation of water and sanitary sewer main as necessary; addition, replacement, or rehabilitation of storm drainage facilities as necessary. I (we) petition that such improvement be made in accordance with the City's currently established policy for such improvements, and understand that this policy would require that I (we) pay special assessments to help finance the requested project. We understand that in 2001, for single - family properties assessments per property are $2,290 for street improvements and $750 for storm drainage improvements. For all other properties the assessment rates are $0.28 per square foot for street improvements and $0.14 for storm drainage improvements. Assessments may be paid in full or in installments over ten years. Address(or legal Mailing Address Name(s) description of property (If different than (Please Print) abutting this improvement) property address) Signature(s) Please attach additional names and signatures as needed and return to: City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 C Public Copy ITY COUNCIL MEETING City of Brooklyn Center April 9, 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. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda PP g g -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 26, 2001 - Study Session 2. March 26, 2001 - Regular Session 3. April 2, 2001 — Work Session b. Licenses C. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1995 -05, Contract 1997 -G, 69" Avenue Landscape, Shingle Creek Parkway to Dupont Avenue North CITY COUNCIL AGENDA -2- April 9, 2001 i d. Resolution Amending Special Assessment Levy Roll No. 15126, Delinquent Public Utility Service Accounts, to Provide for the Reduction of Charges to Parcel ID No. 36- 119 -21 -42 -0020 7. Planning Commission Item a. Planning Commission Application No. 2001 -005 Submitted by Eagle Crest Northwest. Request for Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD) process for the development of 21 single family detached townhomes at the southwest quadrant of T. H. 252 and 66 Avenue North. The Planning Commission recommended approval of this application at its March 29, 2001 meeting. - Resolution Regarding Disposition of Planning Commission Application No. 2001- 005 Submitted by Eagle Crest Northwest -An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Riverwood Estates) *Requested Council Action: - Motion to approve resolution. - Motion to approve first reading of ordinance and set second reading and public hearing for May 14, 2001. b. Planning Commission Application No. 2001 -006 Submitted by Eagle Crest Northwest. Request for Preliminary Plat approval to subdivide 5.25 acres of land located at the southeast quadrant of T. H. 252 and 66` Avenue North into 21 single family detached townhome lots with necessary right of way. The Planning Commission recommended approval of this application at its March 29, 2001 meeting. • Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -006 subject to the conditions recommended by the Planning Commission. 8. Council Consideration Items a. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of David Fisher • Requested Council Action: - Motion to adopt resolution. CITY COUNCIL AGENDA -3- April 9, 2001 b. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of Our Earle Brown Days Parade and Sunday in Central Park Activities • Requested Council Action: - Motion to adopt resolution. C. Proclamation Declaring April 8 through 14, 2001, National Public Safety Telecommunications Week • Requested Council Action: - Motion to adopt proclamation. d. Proclamation Declaring April 15 Through 22, 2001, As Days of Remembrance • Requested Council Action: - Motion to adopt proclamation. e. Proclamation Declaring May 5, 2001, to be A Day of Spiritual Rededication and Prayer in Brooklyn Center • Requested Council Action: - Motion to adopt proclamation. f. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2001 -01, 02, and 03, Contract 2001 -A, Garden City North Street, Storm Drainage, and Utility Improvements • Requested Council Action: - Motion to adopt resolution. g. Staff Report Re: Forestry Activities - Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA - Proclamation Declaring April 28, 2001, Arbor Day and May 2001 Arbor Month in Brooklyn Center - Resolution Amending the Schedule of Diseased Tree Program Fees •Requested Council Action: - Motion to adopt resolutions. - Motion to adopt proclamation. . CITY COUNCIL AGENDA 4- April 9, 2001 h. Revisions to Animal Regulations -An Ordinance Amending Chapter 1 of the City Ordinances Eliminating Dog Licenses - Resolution Regarding Enforcement of Dog Licensing During Interim Period -An Ordinance Amending Chapter 19 of the City Ordinances Regarding Limitations on Keeping of Animals • Requested Council Action: - Motion to approve first reading and set second reading and public hearing for May 14, 2001. 9. Adjournment • 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 STUDY SESSION MARCH 26, 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, Ed Nelson and Bob Peppe. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Council discussed several items including agenda items 6b, 9a, l Ob, l Od, IOe, and 1Oh. REQUEST FOR TRUNK HIGHWAY 610 PROJECT City Manager Michael McCauley discussed the request from the North Metro Mayors Association regarding a proposed resolution for the Trunk Highway 610 project. It was the consensus of the Council that this request would not be in the best interest of the City of Brooklyn Center and to take no action on the request. APRIL 2" WORK SESSION Council discussed and was in consensus regarding the draft worksession agenda for April 2, 2001. MISCELLANEOUS Council discussed the following miscellaneous items: letter regarding permit for Brookdale, letter from North Hennepin Mediation Program thanking the City Council for the funding of $4,000, the cost estimates for the Highway 100 project, and the possibility of the City's logo at the new fire station. 03/26/01 -1- DRAFT i ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the study session at 6:37 p.m. City Clerk Mayor 03/26/01 -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 26, 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 6:37 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Steve Wacha, 5724 Girard Avenue North, on behalf of the Duoos Brothers American Legion Post No. 630, addressed the Council to request financial assistance for a new American Legion Post No. 630. Mr. Wacha submitted a letter to the Council and discussed the financial needs in order to move forward with any purchasing of a new location for American Legion Post No. 630. Council discussed the request and what options the City would have to help the American Legion Post No. 630. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 03/26/01 -1- DRAFT 4. ROLL CALL Mayor Myrna Kra ness, Councilmembers Ka Lasman Ed Nelson and Bob Peppe. Also resent: g Y � pp P City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported that he attended the National League of Cities Annual Congressional Conference that was held March 9 through March 13, 2001, and the Financial Commission meeting on March 22, 2001. Councilmember Peppe shared information that he had received at the Annual Congressional Conference and that he had a lot more information for the Council if they were interested. Councilmember Nelson reported that he attended the Housing Commission meeting on March 20, 2001, and shared that the Housing Commission has two items, fences and driveways, for City Council review on the April 2, 2001, work session agenda. Councilmember Lasman reported that she attended the Heritage Festival on March 18, 2001, the Park and Recreation Commission meeting on March 20, 2001, and the Crime Prevention meeting on March 21, 2001. Councilmember Lasman reported on the issues discussed at the Park and Recreation Commission meeting and the Crime Prevention meeting and shared that the Crime Prevention Annual Awards Ceremony will be held on April 18, 2001, and that the Fundraising Golf Tournament will be on May 18, 2001. If any person was interested in sponsoring a hole for the golf tournament, they should contact Sergeant Frank Roth at the Brooklyn Center Police Department. Mayor Kragness reported that she also attended the Heritage Festival on March 18, 2001, and commended the Chamber of Commerce Director and Valerie Jones with Northwest Hennepin Human Services Council on all the hard work for this event. Ms. Jones addressed the Council to provide history on the event and to discuss that the artwork comes from 6 7', and 8' graders from four different schools. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 03/26/01 -2- DRAFT �I • 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the March 5, 2001, general worksession with Commission Chairs, and March 12, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Condor Fireplace and Stone 8282 Arthur Street NE, Spring Lake Park Enviro Design Group P.O. Box 386302, Minneapolis 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 51S 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 6c. APPROVAL OF APPLICATION (EXCLUDED BINGO) FROM THE WILLOW LANE PTA FOR AN EVENT TO BE HELD ON MARCH 30, 2001, AT THE WILLOW LANE ELEMENTARY SCHOOL A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve an application for the Willow Lane PTA for an event to be held on March 30, 2001, at the Willow Lane Elementary School. Motion passed unanimously. 6d. APPROVAL OF REPORT ON CITY COUNCIL RETREAT A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the report on the City Council Retreat. Motion passed unanimously. • 03/26/01 -3- DRAFT 6e. RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY is RESOLUTION NO. 2001-40 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AND AUTHORIZING SALE OF SAID PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION AUTHORIZING LETTERS OF AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES LOCALS NO. 82 AND 86 RESOLUTION NO. 2001-41 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING LETTERS OF AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES LOCALS NO. 82 AND 86 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. APPEARANCE BY PAUL HYDE, REAL ESTATE RECYCLING REGARDING 2000 NAIOP AWARD OF EXCELLENCE Paul Hyde with Real Estate Recycling appeared before the Council to present a replica of an award that Real Estate Recycling received from the National Association of Industrial and Office Properties ( NAIOP). Real Estate Recycling received an Award of Excellence for the Wickes Distribution Center in Brooklyn Center and wanted to thank the City of Brooklyn Center for all their help with the Wickes project. Mayor Kragness accepted the plaque and commended Mr. Hyde on the project. 03/26/01 -4- DRAFT • 8. PUBLIC HEARINGS 8a. 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 City Manager Michael McCauley discussed that this public hearing was continued at the January 22, 2001, meeting since a four - fifths majority is required to order a public improvement and there were only three members at the January 22, 2001, meeting. The City Council approved the plans and specifications along with advertisement for bids at the March 12, 2001, meeting and this resolution would now approve the ordering of improvements for Garden City. A motion by Councilmember Nelson, seconded by Councilmember Lasman to open the continued Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-42 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS FOR 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 Peppe. Motion passed unanimously. 8b. CONTINUED PUBLIC HEARING REGARDING A SPECIAL ASSESSMENT FOR DELINQUENT WEED REMOVAL COSTS - RESOLUTION CERTIFYING A SPECIAL ASSESSMENT TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley discussed this public hearing was continued for staff to review the property assessment at 6332 Regent Avenue North. 03/26/01 -5- DRAFT Staff had reviewed and found that all proper procedures were followed on the process of pending special assessments and that the resolution now includes the property at 6332 Regent Avenue North to be adopted for certifying special assessments for delinquent weed removal costs to the Hennepin County tax rolls. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the continued 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. RESOLUTION NO. 2001-43 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING A SPECIAL ASSESSMENT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. 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. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 004 submitted by Brooklyn 55, LLC requesting preliminary plat approval to subdivide the property at 5445 Xerxes Avenue North, formerly owned and occupied by Toys R Us, into three lots. The Planning Commission recommended approval of this application at its March 15, 2001, meeting subject to the following six 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. 03/26/01 -6- DRAFT 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 and 3. 6. A deed restriction limiting the use of the mezzanine to storage or non - retail uses as drafted by the City Attorney shall be filed with the final plat. John Johannson on behalf of Brooklyn 55, LLC addressed the Council to discuss the timeframe of the project and the possibility of having the screening improved at the loading dock area. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2001 -004 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. SET DATE AND TIME TO CANVASS SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION Mr. McCauley requested that the Council set April 18, 2001, and May 2, 2001, at 5:00 p.m. to canvass the Special Primary Election that will be held on April 17, 2001, and the Special Election that will be held on May 1, 2001. A motion by Councilmember Lasman, seconded by Councilmember Nelson to set April 18, 2001, and May 2, 2001, at 5:00 p.m. for the canvass of the Special Primary Election and the Special Election. Motion passed unanimously. 10b. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER ORDINANCES RELATING TO COURTESY BENCHES IN THE RIGHT OF WAY Mr. McCauley discussed this ordinance amendment to Chapter 23 of the Brooklyn Center Ordinances relating to courtesy benches in the right of way would repeal the current ordinance and amend the ordinance to make changes requested by the Director of Public Works. 03/26/01 -7- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for April 23, 2001. Motion passed unanimously. loc. AN ORDINANCE VACATING JUNE AVENUE FROM 69 TO 70 AVENUE FOR STREET PURPOSES (THIS ITEM RELATES TO THE REDEVELOPMENT PROJECT AT 69 AND BROOKLYN BOULEVARD) Mr. McCauley discussed that this ordinance amendment vacating June Avenue North from 69"' to 70 Avenue is required for the redevelopment project in the northwest quadrant of the W Avenue and Brooklyn Boulevard project. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing for April 23, 2001. Motion passed unanimously. 10d. STAFF REPORT RE: CENTERBROOK GOLF COURSE STORAGE BUILDING - RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 2001-14, CENTERBROOK STORAGE BUILDING CONSTRUCTION, AND MAKING AN APPROPRIATION Mr. McCauley reported that this resolution would order Improvement Project No. 2001 -14 for the Centerbrook Golf Course storage building which would be used for storing mowers, aerators, top dressers, golf carts, sand rakes, tools, hand pull carts, and some concession items. Councilmember Peppe left the table at 7:43 p.m. and returned at 7:44 p.m. Public Works Director Diane Spector discussed that the project is planned for 2002; however, may be done in 2001, and that the reason the location of the building was because soil corrections had been made at that location. RESOLUTION NO. 2001-44 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 2001 -14, CENTERBROOK STORAGE BUILDING CONSTRUCTION, AND MAKING AN APPROPRIATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 03/26/01 -8- DRAFT 10e. METROPOLITAN COUNCIL REQUEST TO PLACE HOLLMAN UNITS IN BROOKLYN CENTER Mr. McCauley suggested that the Council direct staff to respond to the Metropolitan Council's request by inviting them to come before the Council to further discuss their request so that the Council and the citizens of Brooklyn Center can get a better understanding of their request to place Hollman Units in Brooklyn Center. It was the consensus of the Council to have staff respond to the request with a letter inviting the Metropolitan Council make a community presentation regarding their proposal. lof. REPORT ON BROOKDALE Mr. McCauley reported that he had received an amended and restated development agreement; however, there was one attachment missing and the Estoppel Certificate is still being worked on. log. RESOLUTION AUTHORIZING XCEL ENERGY TO RECOVER THE COST OF UNDERGROUNDING BROOKLYN BOULEVARD ELECTRIC TRANSMISSION FACILITIES BY A SURCHARGE TO BROOKLYN CENTER XCEL CUSTOMERS Mr. McCauley discussed that before the Council this evening are two resolutions that would authorize Xcel Energy to underground overhead utilities on Brooklyn Boulevard, 65 Avenue to 63r Avenue to North City Limits, and Brooklyn Boulevard, 65` Avenue to 63r Avenue. Ms. Spector discussed the estimated surcharge will not be known until the project is complete and that she was not sure if the amount will be indicated on residents billing statements, staff may have to educate residents on this issue. RESOLUTION NO. 2001-45 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65 AVENUE TO NORTH CITY LIMITS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 03/26/01 -9- DRAFT RESOLUTION NO. 2001-46 is Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DIRECTING XCEL ENERGY TO UNDERGROUND OVERHEAD UTILITIES ON BROOKLYN BOULEVARD, 65 AVENUE TO 63r AVENUE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10h. STAFF REPORT RE: SPRING FLOODING POTENTIAL Ms. Spector reported that staff had met with Hennepin County Emergency Preparedness to assess spring flooding potential in Brooklyn Center and to 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. Under the City's response to a potential flood event the City would do the following: • 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 • Strongly recommend that individuals actively take steps to flood proof their properties through the construction of earthen dikes or dams It is recommended that the Flood Protection Contingency Plan be reaffirmed and that staff is directed to notify residents in areas of potential flooding of current conditions and of the City's Contingency Plan. A motion by Councilmember Lasman, seconded by Councilmember Peppe to reaffirm the Flood Protection Contingency Plan and direct staff to notify residents in areas of potential flooding. Motion passed unanimously. 03/26/01 -10- DRAFT 11. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:01 p.m. Motion passed unanimously. City Clerk Mayor 03/26/01 -11- 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 GENERAL WORK SESSION APRIL 2, 2001 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a general work session at Brooklyn Center City Hall in Conference Room B and was called to order by Mayor Myrna Kragness at 6:01 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, and Bob Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Community Development Specialist Tom Bublitz, and Deputy City Clerk Maria Rosenbaum. Others present were Housing Commission Chair Ernie Erickson. HOUSING COMMISSION RECOMMENDATIONS (COUNCILMEMBER NELSON) City Manager Michael McCauley discussed that the Housing Commission had been studying certain ordinance revisions and that the Housing Commission Chair Ernie Erickson was present to discuss and answer any questions before developing a formal recommendation to the City Council. Chair Erickson reported that the Housing Commission has been working on changes to improve surfaces on driveways, fence construction and maintenance, and limiting the number of collector cars. The Housing Commission is recommending the following at this time to determine if the City Council wishes to further pursue all or any of the Housing Commission's recommendations: Requiring Improved Surfaces on Driveways (one and two family residences): • Require that driveways on one and two family residential lots be paved. The ordinance should specify the driveway should be a solid surface with materials used either, asphalt, concrete, or brick. • The existing policy of paving no more than 50 percent of the front yard should still be the maximum paved area. 04/02/01 -1- DRAFT • Households should not be required to pave parking areas on the side lot areas next to the house or garage or backyard areas but if these areas of the yard are paved, the paving should is be limited to an amount to be determined by the City's Engineering Department, taking into account water runoff issues etc. • Curb cuts should be limited to two per residential property and the second curb cut should be limited to 12 feet in width. • Financial incentives should not be implemented to assist property owners with paving driveways. • Building permits for installation of driveways should not be required. • The time line for requiring paved driveways should be three years for paving driveways, excluding the boulevard/apron areas which would be addressed by a future street improvement project. Limit on Number of Collector Cars: • Recommends no more than five collector cars to be allowed on any residential lot. Fence Construction and Maintenance: • Recommends that fences be constructed of materials designed or reasonably suited to the purpose for which the fence is proposed to be used, no previously used materials could be used for fence construction and the finished side of the fence should face the abutting property. The Commission noted that it would be helpful to have the fence requirements contained in the various City ordinances, such as height permitted, etc. to be included in one area of the ordinance for convenience. Mr. McCauley questioned if the Housing Commission had discussed parking of recreational vehicles. Chair Erickson informed the Council that the Housing Commission has in the past discussed the ordinance regarding parking of recreational vehicles but at this time is not considering making any recommendations for City Council consideration. Councilmember Peppe raised the question of having a survey submitted in the next City newsletter to hear input from the residents of Brooklyn Center regarding their thoughts on requiring hard surfaced driveways. Mr. McCauley suggested that the Housing Commission provide more specifics on the ordinance changes and then present them to the Planning Commission before submitting to the City newsletter. Chair Erickson stated that the Housing Commission could study the parking of recreational vehicles and submit that also to the Planning Commission during this process. 04/02/01 -2- DRAFT ® It was the consensus of the Council to have the Housing Commission prepare materials regarding the revisions suggested in more detail for the Planning Commission to review, including the parking of recreational vehicles. MASSAGE ORDINANCE Dennis Opitz, 710 58'' Avenue North, addressed the Council to request changes to the City's current massage ordinance, submitted materials to the Council regarding massage, and discussed that he would like the opportunity to provide massage to Brooklyn Center residents. He had started massage as a hobby and continued to pursue massage by helping his wife, who was present and spoke to the Council on how much he helped her condition due to a car accident. Mr. Optiz informed the Council that he would like to provide massage in a tanning salon and out of his home. At the present time he is providing massage at a Chiropractic office in Brooklyn Park and deals with providing relief to the muscles. He is certified through insurance or accreditation and has 500 plus hours of schooling. Mr. McCauley discussed that the City Attorney, Chief of Police, and Community Development Director provided materials regarding the request of Mr. Opitz. Staff is comfortable with having the City Attorney draft a revision amending the ordinance to expand the locations for massage. The staff had concerns about expanding home occupations. Any ordinance change should contain requirements for a minimum of 500 hours of training through a nationally accredited institution. The Council consensus was to proceed with development of an ordinance to allow therapeutic massage in commercial areas upon proof of accredited training. REGIONAL AMENITIES: STADIUMS (COUNCILMEMBER PEPPE) Council moved ahead to discuss the Historical Society books before discussion on this issue. HISTORICAL SOCIETY BOOKS Council discussed the contribution made to the Historical Society to assist in the Brooklyn Historical Society in publishing its book and whether or not staff should purchase more than the three copies ordered. Councilmember Lasman suggested that the City should have more than the three copies for departmental use within the City and on hand for sale if any person wanted to purchase a book. She believes the book is a valuable resource. It was the consensus of the Council to direct staff to purchase 12 more copies of the book. 04/02/01 -3- DRAFT REGIONAL AMENITIES: STADIUMS (COUNCILMEMBER PEPPE) • Councilmember Peppe requested that the Council consider pursuing regional amenities such as stadiums or other regional amenities to help address the tax burdens in Brooklyn Center. Council discussed the request and the upcoming focus group meetings with Calthorp that will take place in June 2001 and help for the future planning of regional amenities. ANIMAL ORDINANCE CHANGES Mr. McCauley discussed that the Council had previously discussed the changes drafted to the animal ordinance at a City Council meeting and continued the discussion because of the absence of a Council Member. This item is on the agenda for Council discussion and direction to staff for formal consideration regarding the changes drafted for the animal ordinance. Council discussed the issue of limiting the number of animals and discontinuing the licensing of private kennel licenses. Mayor Kragness shared her concern about the tough decisions the Council is presented with on issues of approving or denying private kennel licenses. She believes that the City Council needs to make a decision on whether to limit the number of animals. Councilmembers Peppe and Lasman raised the question about the persons who presently have private kennel licenses and what will happen to those licenses. Mr. McCauley responded that the current private kennel license holders would be grandfatheed into the ordinance and that the language in the ordinance would include the grandfathering of those licenses. Councilmember Nelson asked the Council if they would be comfortable with the limit of two cats and /or two dogs, a total of four animals. It was the consensus of the Council to have the ordinance changed to indicate no more than two cats and/or two dogs, a total of four animals. Mr. McCauley discussed that the second part of the animal ordinance changes was to better define the types of animals and requested direction from the Council on proposed changes. It was the consensus of the Council to have the ordinance amended to include the better definition of animal types. The third portion of the animal ordinance discussion is whether or not to continue licensing dogs in the City of Brooklyn Center. Police Chief Joel Downer suggest dealing away with the licensing of dogs and that the City just require rabies vaccinations. Councilmember Lasman discussed that the need for rabies vaccinations would need to be promoted and suggested that the City may want to sponsor low -cost clinics to help market this issue. 04/02/01 -4- DRAFT i Lynn Amacher -Maim, 5420 Fremont Avenue North, addressed the Council to discuss the issue of private kennel licenses and to share information about rabies vaccinations and other shots that are required when having a dog licensed. I Ms. Amacher -Maim informed the Council that she believes she is a responsible pet owner and will be sad if the City Council considers approving the change to limiting the number of animals. She requested that the City Council think about the limiting of animals before making their final decision. I Denise Mueller, 1601 70` Avenue North, addressed the Council to discuss her feelings about the proposed change to limiting the number of animals and that she did not understand the reason behind the three -year process of licensing. Mr. McCauley discussed the three -year process was a timeframe given to persons to come in compliance with the ordinance of having no more than two dogs or three cats. A private kennel license would allow the person having more than two dogs or three cats to be able to keep the animal until a location was found for the animal. Council further discussed the issue and the option of keeping private kennel licenses with strict restrictions and/or the possibility of grandfathering in the current private kennel licenses and allowing them to keep their animals until a home is found or they have died, provided that no complaints are received. Mr. McCauley suggested that the Council direct staff to have the City Attorney lan e ua Y gg t3' Y g g changes in the ordinance to indicate that the current private kennel license holders are grand fathered in the ordinance and that they may keep the current animals they have, with no additions, provided that no complaints are received. It was the consensus of the Council to have the City Attorney draft language to incorporate the limit of keeping animals to two cats and/or two dogs, a total of four animals, and to have the current private kennel license holders grandfathered in and to allow them to keep their current animals, with no additions, and provided that no complaints are received upon payment of an annual fee and proof of rabies vaccination. Ms. Mueller wanted it noted that this solves her problem but feels badly about the other persons in the City of Brooklyn Center. REPORT ON CIVIL LEGAL SERVICES Mr. McCauley discussed that the Council requested having the civil legal services reviewed after one year of service from reappointment last year. Provided in the materials were the survey results from department heads regarding Kennedy and Graven. 04/02/01 -5- DRAFT Council discussed the results of the survey and whether or not a Request for Proposals should be considered. Mr. McCauley suggested that the Council consider having the survey done again more towards the end of the year and that the Council revisit the issue again in six months. The Council indicated that plan was satisfactory. APARTMENT SEWER BILLING Mr. McCauley discussed that the billing for several years for sewer charges at the Earle Brown Apartments is being reviewed by the City Attorney's office. Assistant City Manager Jane Chambers informed the Council that this issue was brought to the attention by a staff member in the Finance Department and that when the property was purchased it was not added in the computer once the property was purchased. INN ON THE FARM Council discussed the possibility of having the Inn on the Farm rented only as a facility use and not renting to individual use and was comfortable with proceeding in that manner. MISCELLANEOUS Mr. McCauley discussed that the Civic Center improvement planning continues and that cost estimates are the issue at this time. Council discussed the planning proposed and the options that the City would have to help funding for the Civic Center improvements. Councilmember Nelson asked when the Centerbrook Pond Dedication would be held. Mr. McCauley informed the Council that the dedication will be on April 20, 2001, and that City Clerk Sharon Knutson will be sending out information on this event. Councilmember Lasman asked the City Manager if the Manager of St. Al's had contacted him regarding senior housing. Mr. McCauley informed the Council that at this time he had no contacts regarding senior housing from St. Al's. Councilmember Lasman requested to have the transportation that is provided from Five Cities Senior Transportation for the Game Day and Leisure Time events researched to see what type of events these seniors are being transported. Mr. McCauley will check into this issue. Councilmember Nelson raised the issue of the City Limit signage in the area of 7240 Brooklyn Boulevard. Mr. McCauley informed the Council that Brooklyn Boulevard is a County Road and that the County may have rules regarding the signage. He will check into this and report back to the Council. 04/02/01 -6- DRAFT • Mayor Kragness reported that the new population sign at County Road 10 is incorrect. Councilmember Nelson asked if any new information was available regarding the American Legion Post 630. Mr. McCauley reported that a report would be provided at a later date. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the work session at 9:04 p.m. City Clerk Mayor 04/02/01 -7- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION APRIL 2, 2001 CITY HALL 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Myrna Kragness at 9:09 p.m. 2. ROLL CALL President Myrna Kragness, Commissioners Kay Lasman, Ed Nelson, and Bob Peppe. Also present: Executive Director Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. 3. COMMISSION CONSIDERATION ITEM 3a. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT Executive Director Michael McCauley discussed the amended exhibits provided by Talisman and the money differences since the start of the project for Brookdale. Council further discussed this project and the outcome to date and the future outcome of the project. RESOLUTION NO. 2001-07 Commissioner Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Peppe. Motion passed unanimously. is 04/02/01 _ 1 _ DRAFT 4. ADJOURNMENT A motion by Commissioner Peppe, seconded by Commissioner Nelson to adjourn the meeting at 9:45 p.m. Motion passed unanimously. President 04/02/01 -2- DRAFT I i �s City Council Agenda Item No. 6b s City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: April 4, 2001 OW 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 April 9, 2001. MECHANICAL C O Carlson Air Cond. Company 1203 Bryant Avenue North, Minneapolis Fore Mechanical 3520 88 Avenue NE Blaine RENTAL Renewal: 873 -77 70 Avenue North Minnesota Lakes Realty 1519 Humboldt Place North Morning Sun Investments 5245 Drew Avenue North Scott French Initial: 5301 Bryant Avenue North Jason Quilling 7211 Girard Avenue North Tommy Vang SIGNHANGER Antco Cosntruction Company 4175 Lovell Road, Lexington Nordquist Sign Company, Inc. 312 West Lake Street, Minneapolis Signart Company 2170 Dodd Road, Mendota Heights 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. 6c MEMORANDUM DATE: April 4, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1999 -05, Contract 1997 -G, 69 Avenue, Shingle Creek Parkway to Dupont Avenue, Landscaping On July 28, 1997, the City Council awarded a contract to Greenworks for landscaping improvements along 69 Avenue. The project has been completed for few years, but has not been finaled. Council action is required to final the project. The project was not finaled in 1998 due to an area near the intersection of 69 Avenue where Greenworks did not satisfactorily establish turf. City maintenance staff has since corrected the problem and the pay item has been deleted from the contract. All other contract work by Greenworks has been constructed in accordance with the plans and specifications. The original contract amount was $47,844.54 and the final contract amount is $44,312.54. A letter from the City's consultant, SEH, is attached and recommends authorizing final payment to Greenworks, Inc. in accordance with a final contract amount of $44,312.54. • i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1999 -05, CONTRACT 1997 -G, 69 AVENUE, SHINGLE CREEK PARKWAY TO DUPONT AVENUE, LANDSCAPING WHEREAS, pursuant to a written contract signed with the City of Booklyn Center, Greenworks, Inc. has completed the following improvements in accordance with said contract: 6W Avenue, Shingle Creek Parkway to Dupont Avenue, Landscaping NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $44,312.54. 2. The work completed under said contract is accepted and approved according to the following schedule. COSTS Per Bid Final Contract $47,844.54 $ 44,312.54 Contingency (5 %) 2,392.23 $ 0.00 Admin /Legal /Engr. $ 15,000.00 $ 13,233.43 Total Estimated Project Cost $65,236.00 $ 57,545.97 REVENUES MSA $55,276.56 $ LSA $ 9,960.21 $57,545.97 Total Estimated Revenue $65,236.77 $57,545.97 • RESOLUTION NO. Date Mayor ATTEST City Clerk The motion for the adoption of the foregoing resolution was duly seconded b member p g g Y Y 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. 3535 Vadnais Center Drive, St. Paul, MN 55110 -5196 651.490.2000 651.490.2150 FAX architecture engineering environmental transportation January 13, -2001 RE: City of Brooklyn Center 69th Avenue Landscaping SEH No. ABROCT9602.01 Todd Howard P.E. City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Todd Enclosed is the Final Application for Payment from Greenworks, Inc. for landscaping on 69th Avenue between Shigle Creek Parkway and Dupont Avenue. The project has been completed for a number of years, but not finaled. We had been waiting for the contractor to restore an area of the project with turf , but the Contractor failed to respond. All other contract work had been . satisfactorily completed. Given the amount of time that has passed, we recommend that the project is finaled and the remaining amount of retainage paid. The original contract amount was $47,844.54. The final contract amount is $44,312.54. Final payment is $2,215.63. Included for your records is the IC -134 for the project. Please process this request accordingly. Sincerely, Short Elliott Hendrickson Inc. uan Mason 4ect Manager Short Elliott Hendrickson Inc. Offices located throughout the upper Midwest Equal Opportunity Employer We help you plan, design, and achieve. I City Council Agenda Item No. 6d MEMORANDUM DATE: April 3 2001 TO: Michael I McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Amending Special Assessment Levy Roll No. 15126, Delinquent Public Utility Service Accounts, To Provide For The Reduction of Charges to Parcel ID No. 36- 119 -21 -42 -0020 Upon review of Parcel ID No. 36- 119 -21 -42 -0020, at the request of the owner, Crown Brawley LLC, it has been determined the property has been double billed for storm drainage utility charges since August 1999. This double billing is the result of parcel combinations and subdivisions in the Regal Theater area. The overpayments have all been certified to taxes. Since the charge that was certified in spring, 2001 will not be transmitted to Hennepin County until this fall, the council can amend the levy roll to deduct the overbilled amount from the total certified to Crown Brawley. The remainder of the overpayment will be refunded to Crown Brawley. • Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15126, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, TO PROVIDE FOR THE REDUCTION OF CHARGES TO PARCEL ID NO. 36- 119 -21 -42 -0020 WHEREAS, Special Assessment Levy No. 15126 was on March 12, 2001 approved by the City Council; and WHEREAS, upon review, at the request of the property owner, parcel ID No. 36 -119- 21 -42 -0020 has been determined to be over billed on utility billing for storm drainage utility charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Special Assessment Levy No. 15126 is hereby amended to reduce the following assessment as noted: PREVIOUS PID # AMOUNT REDUCED TO 36- 119 -21 -42 -0020 $1,591.30 $707.06 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. 7a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning nd Zoning S i� st g g ec P Subject: City Council Consideration Item - Planning Commission Application No. 2001- 005 Date: April 4, 2001 On the April 9, 2001 City Council Agenda is Planning Commission Application No. 2001 -005 submitted by Eagle Crest Northwest requesting a Planned Unit Development /Rezoning from C -1 (Service /Office) to PUD /R3 (Planned Unit Development /Mid Density Residential) and site and building plan approval for the development of 21 single family detached townhomes. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -005 and also an area map showing the location of the property under consideration, various site and building plans for the proposed • development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their March 29, 2001 meeting and was recommended for approval through Planning Commission Resolution No. 2001 -01. It is recommended that the City Council, following consideration of this matter, approve the application. A resolution approving the application is offered for the City Council's consideration. Also, an ordinance amendment redescribing the property to be rezoned within this Planned Unit Development is offered for first reading by the City Council. The new description for the plat will be used for the ordinance amendment. The final plat will have to be approved and filed before the description can be utilized. is • Application Filed on 3 -05 -01 City Council Action Should Be Taken By 5 -04 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -005 Applicant: Eagle Crest Northwest Location: Southeast Comer of 66th Avenue North and T. H. -252 Request: Rezoning/Site and Building Plan - PUD/R -3 The applicant, Eagle Crest Northwest, is seeking rezoning and site and building plan approval through the Planned Unit Development (PUD) process for the development of 21 single family detached townhomes on a 5.25 acre site (228,856 sq. ft.) located at the southeast quadrant of T. H. 252 and 6& Avenue North. The property in question is currently zoned C -1 (Service /Office. Commercial) and has been acquired by the City of Brooklyn Center Economic Development Authority (EDA) over the past eight years. It was formerly occupied by the Atkins Mechanical operation, the Brookdale Motel and an 18 unit apartment complex. Also, land that currently contains a frontage road along T. H. 252 and what had been a vacant parcel of land at the comer of W Avenue and Willow Lane are included in the land being considered under this PUD. The property is bounded on the north by W Avenue; on the east by Willow Lane with single family homes on the opposite side of the S street; on the south by 65 Avenue with an R -5 zoned property containing the Riverwood Estates Apartments on the opposite site of the street; and on the west by T. H. 252 right of way. The applicant is seeking a PUD/R -3 rezoning to accommodate the above mentioned 21 single family detached townhomes. The R -3 (Townhouse) underlying zoning designation is being sought because the applicant is proposing a detached townhome concept on smaller lots with reduced front yard setbacks and a somewhat greater density than what is allowed in a typical R-1 zone. The land in question is designated in the City's Comprehensive Plan as mid - density residential, which basically is-our R -3 zone. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing that district (in this case R -3) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. In this case, the applicant will be seeking modifications to allow 25 ft. front yard setbacks rather than 35 ft. setbacks; a 20 ft. side corner setback rather than a 25 ft. side corner setback and a street right of way width of 50 ft. rather than a 60 ft. right of way required by the Subdivision Ordinance. • 3 -29 -01 Page 1 In many respects, the applicant is proposing a hybrid of the R -1 and R -3 zoning districts with this proposal. The plan is for detached single family residential buildings where our R-3 district normally contemplates single family attached dwelling units. The density sought in this development is much less than what is allowed under the R -3 zoning district and in some respects is closer in density to an R -1 development. Lot widths, which are proposed to be approximately 50 ft. in width for interior lots and at least 65 ft. in width for comer lots, are less than the 75 ft. wide and 90 ft. wide interior and comer lots required in an R -1 zone. The proposed lot areas are between 6,935 sq. ft. in area and 14, 496 sq. ft. in area. Under the R -3 zoning designation, lot widths and lot areas are a function of the townhome development plan. The plans, as being proposed by the developer, fit into this R -3 concept. Another reason why the R -3 underlying zoning designation is being sought is the applicant's intention to have an owner's association to take care of common maintenance concerns. Another reason for the R -3 underlying zoning designation is consistency with the City's Comprehensive Plan which calls for a mid- density, or R -3, zoning designation for this property. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addressed Planned Unit Developments (attached). REZONING The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the Zoning Ordinance as well as the City's Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208. The policy and review guidelines are attached for the Commission's review as well. The applicant's representative has submitted a written statement regarding his proposal along with comments as to how he believes their proposal addresses the Rezoning Evaluation Policy and Review Guidelines. The written submission indicates that their proposed Riverwood Estates development will consist of 21 detached townhome units in a Planned Unit Development. The PUD combines the various parcels previously described into the 21 lots through a preliminary plat, which is the subject of companion Application No. 2001 -006. They note that they believe the detached townhome project will provide a transition from existing single family homes . located easterly of Willow Lane and the apartment buildings that are located south of 65 Avenue. They note that their proposed Planned Unit Development requires some deviation from the standard subdivision ordinances to best develop the site. They propose 25 ft. front yard setbacks, 20 ft. side comer setbacks, 50 ft. minimum lot widths (this is an R -1 rather than an R -3 district requirement) and 50 ft. wide right of way, all of which are less than city standards. They note that the reduced setback allows for the preservation of trees which otherwise would be lost and provides an opportunity to berm along Highway 252 to the greatest degree possible. The modifications to the setback and right of width also allows for access away from Willow Lane and onto the proposed Riverwood Lane within the project. Further review of the details of the site plan will be presented later in this report. 3-29-01 9 1 Page 2 As with all rezoning requests, the Planning Commission must review the proposal based on the Rezoning Evaluation Policy and Review Guidelines contained in the zoning ordinance. The policy-states that zoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning" which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines, which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the zoning ordinance as we believe they relate to the applicant's comments and his proposal. A. Is there a clear and public need or benefit? The applicant indicates that the proposed PUD combines four separate properties into a zoning district that would better compliment the neighborhood. They also add that the development of the parcels involved would provide a use for properties that have been vacant for some time. It is the staff's opinion that this redevelopment could be considered a public benefit if the development is consistent with the development criteria established by the City and also the City's Comprehensive Plan. For a number of years the City has strived to see a development that can be considered a benefit to the community and meet the interests of neighboring properties. Residential development, of a mid- density nature, has been considered to be the best use for this area. Single - family residential development, of an owner occupied nature, has been pointed out by the neighborhood to be most desirable. The location of this property and the City's R -1 requirements has lead to the conclusion that a single family residential development under current City zoning standards would not be economically feasible. The applicant believes the plans they are putting forth with the modifications suggested provide a desirable product that is economically viable and a saleable commodity. This proposal, we have concluded, seems to meet the concerns previously expressed. B. Is the proposed zoning consistent and compatible with surrounding land use classifications? The applicant notes that they believe the project is compatible with both the single family and the apartment land uses that are adjacent to the subject property. They note that the addition of the detached townhomes provides a transition between these two land uses. The staff would concur with the applicant's comments. We believe, as will be shown later in the site plan review, that the proposed detached townhomes can be considered consistent and compatible with surrounding land use classifications. The ability to provide a somewhat more dense single family development than normally allowed in an R -1 zone, but meeting many of the criteria and a less dense development than an R -3 S 3-29-01 29 01 Page 3 i development makes this proposal consistent and compatible, both the single family developments and the multiple family development to the south. C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The applicant answers this question affirmatively noting that the permitted uses within the proposed zoning district would be limited to detached townhome residential units. We believe that all of the permitted uses can be contemplated for development in this proposed Planned Unit Development zoning district. As the applicant has pointed out, the plan is for detached townhome residential units. We would add that the R -3, or mid- density residential development proposal, could fit on this land and an attached townhouse complex could as well be contemplated for this area. However, we believe the detached townhome concept on smaller than normally allowed single family residential lots is a good development. This less dense proposed residential development is looked at as a better development given all factors to be considered. D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The applicant notes that previous land uses on this property have included a motel, apartment buildings and a gas station. They also note that since the time of zoning (we assume they mean the original zoning of the property which included C -2 and R -5 uses) that the area has changed considerably. The land in question has been the subject of much discussion, review and even rezoning actions over the past eight or so years. The City has acquired parcels in this area and has rezoned the property to C -1 (Service /Office Commercial) in an attempt to keep out what was considered to be undesirable land uses in this particular area. How the subject property should be used has been a much discussed and debated topic with respect to this land. This proposal seems to best fit all of the concerns expressed. The plan has been reviewed by the Riverwood Neighborhood Association and has been positively endorsed. (See November 13, 2000, address by Jerry Blamey to City Council, attached.) The proposed PUD/R -3 rezoning appears to be a good rezoning proposal. E. In the case of City initiated rezoning proposals, is there a broad public purpose evident? This evaluation criteria' is not applicable in this case because is not a City initiated zoning proposal but rather a developer initiated proposal. 3 -29 -01 Page 4 !► F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? The applicant notes that the PUD requires minor deviation from the standard subdivision ordinances to best develop the site. Their proposal provides a 25 ft. setback, 50 ft. minimum lot widths, 50 ft. wide right of way, all of which are less than city standards. The reduced setbacks allow for the preservation of trees which will otherwise be lost and provides an opportunity to berm along Highway 252 to the greatest degree possible. They note in designing this project, every effort was made to protect as many of the existing trees as possible. In addition, they are proposing new plantings within the project that far exceed the ordinance requirements. They note that particular emphasis has been paid to buffering the site from the highway and to provide trees in front yards of the homes. They note that additional trees will be added to those saved along Willow Lane to aid in further buffering the existing single family homes from their development. We believe the subject property will bear fully the ordinance development restrictions for this Planned Unit Development even with the deviations from some of the standard ordinance requirements mentioned. These modifications are offset by providing a good buffer and development in this area. With respect to the R -3 underlying zoning, only the front, side comer and 50 ft. wide right of way are different than the district requirements for this particular zoning district. These again, we believe, are offset by the positives of the development proposal. G. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The applicant, in response to this policy and review guideline, notes their comments for 'T" above. The staff would comment that subject property is generally unsuited for uses that are permitted in the present zoning district. The present zoning district is C -1 (Service /Office Commercial). We do not see some type of office development being proposed or developed in this area. At the time of the City's Comprehensive Plan review, in looking at this particular area, it was determined that the most appropriate use for this land, both from an economic and land use perspective was a medium density residential use of the property. Such a designation can include townhouse developments at a density of up to eight units per acre. Since that time, the City has been trying to pursue a redevelopment of this property, which would but it back on the tax rolls in a manner consistent with its Comprehensive Plan recommendations and be a development generally acceptable to the neighboring area. The proposed Planned Unit Development would allow these objectives to be accomplished. 3 -29 -01 Page 5 H. Will the rezoning result in an expansion of a zoning district warranted by: 1. Comprehensive Planning; 2. The lack of development land in the proposed zoning district or; 3. The best interests of the community? The applicant notes that the rezoning will not result in the expansion of a zoning district, but rather the creation of a new district in this area. The staff would note again that the proposed zoning is consistent with the City's Comprehensive Plan for this area and is warranted. We also believe the proposed development can be considered to be in the best interest of the community if it is properly developed and the plan, as we shall show later, appears to be a good development proposal. The proposed PUD/R -3 zoning provides the necessary flexibility in dealing with development issues for this site. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? The applicant notes that the detached townhome project will provide a transition from both the existing single - family homes along Willow Lane and the apartment buildings south of 65` They add that the project also provides a single use for four separate parcels. The proposal appears to have merit beyond only the interests of only a particular developer or property owner and will lead to the development of a plan that is consistent and compatible with surrounding land uses. The proposal appears to provide a quality development and it is our understanding that the units will be priced in the range of $180,000 to $220,000, should fit well in the neighborhood and be a positive impact on this area. Putting this property back on the tax rolls also demonstrates merit beyond the interests of just the developer in this case. SITE AND BUILDING PLAN PROPOSAL The proposed plan again calls for 21 detached townhome units. The 21 lots to be created under Planning Commission Application No. 2001 -006 will all face and have access to a new street to be called Riverwood Lane. This will be a public street with a 50 ft., rather than 60 ft., right of way. The lots will back up to Willow Lane, 66' Avenue North and Highway 252.. Access to the site from 252 will be gained by going east on 66' Avenue North, south on Willow Lane to its intersection with the proposed new Riverwood Lane. Parking for the new detached single family homes will be in double car garages on double wide drive ways. Off street parking for four automobiles is possible. Off street parking requirements in all residential zoning districts require the ability to park at least two vehicles on a residential lot. The plan exceeds these minimum requirements. 3 -29 -01 Page 6 The lots will run from a minimum area of 6,935 sq. ft. to 14, 496 sq. ft. The average lot size is 9,424 sq. ft. and the proposed density for this project is four units per acre. It should be noted that the R -3 density allows up to eight units per acre as a permitted use. The density of this project is much closer to a single family development in an R -1 zone than it is to the density allowed in the R -3 district. Given R -1 requirements, this area might support approximately 15 single family homes on standard size lots with standard right of way. Again, the actual density of this Planned Unit Development is closer to R -1 than R -3. Interior lots would be 50 ft. in width measured at the front setback line. The lots are deeper than what is typically found in an R -1 zoning district, which is about 130 ft. The depth of these lots allows for generous rear yard setbacks both along T. H. 252 and Willow Lane. The proposal calls for 5 ft. interior setbacks and 20 ft. side corner setbacks. In the R -3 zoning district; interior setbacks are a function of the development plan, so the fact that only 5 ft. interior yard setbacks are being proposed is not a conflict with the requirements of the R -3 zone. A minimum separation of 10 ft. between the units will result. Doors, windows and openings can be allowed along this side interior lot line. The 25 ft. front yard setback and the 50 ft. right of way width also allows for the deeper and more generous rear yards. The corner lots have a minimum of 65 ft. of width. A 20 ft. side comer setback, rather than a 25 ft. side comer setback is proposed because the lots are much narrower. GRADING/DRAINAGEIMTIES The applicant has provided grading, drainage and utility plans which are being reviewed by the City Engineer. The applicants have noted that there are no wetlands on the property and that the site generally drains from the west and the north to the south and east. This site will be serviced by existing city storm sewer and a sediment basin will be provided on the lot located northwest of 65` Avenue North and Willow Lane. Storm water will be collected in the sediment basin before being discharged into the city storm sewer. The site is less than 15 acres in total area and, 'therefore, no Watershed Commission review is required. The standards for the pond will meet the National Pollutant Discharge Elimination System (NPDES) requirements. Public utilities include sanitary sewer and water with the main being constructed in the proposed Riverwood Lane. Riverwood Lane will also contain curb and gutter to assist in drainage requirements. It should be noted that an existing frontage road, which leads between 66th Avenue North and 65th Avenue, parallel to T. H. 252, will be removed and incorporated with this development. A process for vacating this street right of way is currently underway. The existing access to this frontage road along 66 Avenue will be removed and curb installed along 66 h in its place. The existing access to 65 Avenue from the abandoned frontage road will be removed with a turn around installed at the west end of 65 h Avenue. A 30 ft. wide roadway will be constructed within the 50 ft. right of way for Riverwood Lane. The 30 ft. wide pavement is the standard width for residential city streets. • 3 -29 -01 Page 7 LANDSCAPING The applicant has submitted a landscape plan for consideration with this Planned Unit Development. Normally we do not review landscape plans with respect to single family type developments, however, we do with a townhouse development. A development of this size would require 334 landscape points. The plan shown provides a total of 537 landscape points with 22 shade trees including 11 Greenspire Linden, and 11 Skyline Honeylocust. These trees will be planted in the front yards and alternated along Riverwood Lane. Twenty -nine coniferous trees, including ten Austrian Pine, nine Black Hills Spruce and ten Colorado Green Spruce are also proposed. These are to be located along and on top of an approximate six -foot high berm running parallel with T. H. 252 and wrapping around 66' Avenue North. Twenty -five decorative trees including twelve Amur Maple, seven Canada Red Cherry, and six Snowdrift Crabapple are also interspersed on the berm and along Willow Lane. Two hundred eleven shrubs, including Andorra Juniper, Scandia Juniper, Mint Julip Juniper, Taunton Yew, Abbotswood Pontenilla, Anthony Waterer Spirea, Goldflame Spirea, Dwarf European Cranberry Bush, Dwarf Winged Euonymus, and Variegated Dogwood will be used for foundation plantings around the homes. In addition, the developer proposes to retain as many existing trees as is possible and these are indicated on the plan as well.. All in all, the landscape plan exceeds the landscape point system utilized by the Planning Commission for reviewing landscape plans by approximately 200 points. BUILDING The applicant has submitted only partial building plans. Additional plans hopefully will be before the Planning Commission by Thursday evening's meeting. The one floor plan provided shows a two bedroom, single story home with a porch and patio to the rear. A front porch is also included with the floor plan. Four different types of exterior treatments are provided with this particular floor plan with different roof lines and options for brick and stone. The applicant has indicated that full basements are an option with these homes as well. These detached townhomes may sound like a contradiction in terms but these types of units have recently been developed in a number of surrounding communities such as Brooklyn Park and Maple Grove. It is my understanding that these units will be priced in the range of $180,000 to $220,000 depending upon options and floor plans that will be made available. PROCEDURE Normally rezoning applications that are considered by the Planning Commission are referred to the respective Neighborhood Advisory Group, in this case the Northeast Neighborhood Advisory Group. State Statutes require the City to respond to zoning applications within a 60 day time frame from the date a properly submitted application has been filed with the city. This application was filed on March 5, 2001. Due to zoning requirements for notice and publication, 3 -29 -01 Page 8 this application needs to be submitted approximately four weeks prior to the Planning Commission's public hearing. The clock, however, begins at the date the application is accepted. Therefore, the zoning decision must be made by the City Council no later than May 4, 2001. Almost 30 days of the required 60 day time frame will have expired before the Planning Commission's public hearing is even held. This requirement makes it almost impossible for the City to hold the Neighborhood Advisory Group meetings we normally have. The Planning Commission has instituted a new procedure because it still wishes to receive Neighborhood Advisory Group input with respect to these rezoning applications. We have invited the Northeast Neighborhood Advisory Group members to the public hearing and are encouraging their comments and participation at this evening's meeting. A staff report will be delivered to the Neighborhood Advisory Group members at the same time that it is delivered to the Planning Commission members. Hopefully, they will have an opportunity to review the matter and to make comment to the Commission at the March 27` meeting. It should also be noted that the developer has met with the Riverwood Neighborhood Association, which is a formally established group of neighbors living in the area north of 694 and easts of T. H. 252. The applicant met with this neighborhood group on November 6, 2000, to discuss their proposal. Attached is a copy of a letter presented to the Brooklyn Center Council on November 13, 2000, from Mr. Jerry Blamey, a member of the Riverwood Neighborhood Association indicating support for the proposed development. Required notices of the Planning Commission's consideration have been mailed to property owners within 350 feet of the site under consideration per the City's zoning requirements. Also, notice of the public hearing has appeared in the Brooklyn Center Sun/Post. A public hearing has been scheduled and proper notices have been sent and published in the City's legal newspaper. The Planning Commission, following the public hearing, should consider a draft resolution which has been prepared in anticipation of a favorable reaction to this proposal. The resolution is offered for the Planning Commission's consideration. 3 -29- 01 Page 9 ` //� - • .►1//111 1 %0% [�:� • i1� ■1 . -. �/ �' / /1 /i X11 � -• ..• 111 NOW NOW Ili�ir► 1 111■ - r - ■� 1 11. N0�r''' +w1�`,` a� r {i.y,,, ;J � x - 6�t �v �.{v� r„g ft 1 +,y , • r '�'9�",rzlq. t a ��4��r i`� M. L��T �i°E$�K 'L �r)rt F ;�. "1 � �t ta ?� t,_ • • F � �`����� ���, {�f�is�y;.•`;>' i�• F�� ���;� t� l 4,�r�'S+ �� s *� i1,,�� 1 �'��sMr��IY� > - �xa � 3 /' � ! +3 C�dc� i'+�7rx. 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FOICE X UMT13 PIIG►WN G0k10UN '" , N S � �' l 0 -.•-o DMUS Clow STOW KNIX i ; _ _ • _ _ 1 W Al(E NM W _ _ 8--s mom C I IZ TO ssss r MM ^� S f I 1 1 CRC SAM crsl.lo 11 a m sc • omo # :ww:.`:;.r� - RC - 7 „ �� «]IerOlaslnW y �r � a7xom asnw vo7 oiwnol Y 1 N.- eNMw.A Yes .1 1!Y E .w. r..l..r.r 0O10Rf 1010POa0 Win S1SYA0Q1 0 NOT FOR CONSTRUCTION ..I.NNa7.11awl..wY W MN.r..,P.IWw Ow •YIMN Y S N S Riverwood �►m(usi.nfl s.ma f I : _ u R I Eagle Q=t Northwest, Inc Bstates Landemping Has i %mipa Aw lilw tr •. a S.. am .SLNI IIwP.s.fllPn -1q] Sw..gaA. mwr ~ ...Ylr. ( SAk.r.N r rl..r Section 35 -341. 0 -2 PUBLIC AND PRIVATE OPEN SPACE DISTRICT. 1. Permitted Uses a. Public parks, . playgrounds, athletic fields and other recreational uses of a noncommercial nature. b. Commercial recreational facilities of a semi -open nature such as golf courses and golf driving ranges. c. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: 1. Off-street parking. 2. Public recreational buildings and parks, playgrounds and athletic fields. 3. Signs as permitted in the Brooklyn Center Sign Ordinance. Section 35 -355. PLANNED UNIT DEVELOPMENT. Subdivision 1. Purpose. The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land development and redevelopment, preserve aesthetically significant and environmentally sensitive site features, conserve energy and ensure a high quality of design. Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations. a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by the alphanumeric designation of the underlying zoning district which may be either the prior zoning classification or a new classification. In cases of mixed use PUDs, the City Council shall, whenever reasonably practicable, specify underlying zoning classifications for the various parts of the PUD. When it is not reasonably practicable to so specify underlying zoning classifications, the Council may rezone the district or an art thereof to PUD- MIXED. Y � any Regulations governing uses and structures in PUDs shall be the same as those governing the underlying zoning district subject to the following: City of Br Ci ' Ordinance ty ooklyn Center 35 -45 ty 1. Regulations may be modified expressly by conditions imposed by the Council at the time of rezoning to PUD. 2. Regulations are modified by implication only to the extent necessary to comply with the development plan of the PUD. 3. In the case of districts rezoned to PUD -MIXED, the Council shall specify regulations applicable to uses and structures in various parts of the district. c. For purposes of determining applicable regulations for uses or structures on land adjacent to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the underlying zoning classification of PUD districts shall be deemed to be the zoning classification of the district. In the case of a district zoned PUD -MIXED, the underlying zoning classification shall be deemed to be the classification which allows as a permitted use any use which is permitted in the PUD district and which results in the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Development Standards. a. A PUD shall have a minimum area of one acre, excluding land included within the floodway or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds that at least one of the following conditions exists: 1. There are unusual physical features of the property or of the surrounding neighborhood such that development as a PUD will conserve a physical or terrain feature of importance to the neighborhood or community; 2. The property its directly adjacent to or across a public right -of -way from property which previously was developed as a PUD and the new PUD will be perceived as and function as an extension of that previously approved development; or 3. The property is located in a transitional area between different land uses and the development will be used as a buffer between the uses. b. Within a PUD, overall density for residential developments shall be consistent with Section 35-400 of this ordinance. Individual buildings or lots within a PUD may exceed these standards, provided that density for the entire PUD does not exceed the permitted standards. City of Brooklyn Center 35 -46 City Ordinance c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35-400 to 35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted with the addition of a screening treatment or other mitigative measures. d. Parking provided for uses within a PUD shall be consistent with the parking requirements contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the City's satisfaction that a lesser standard should be permitted on the grounds of the complementarity of peak parking demands by the uses within the PUD. The City e execution of a restrictive covenant limiting future use of the may require cut tY Y q g property to those uses which will continue this parking complementarity, or which are otherwise approved by the City. Subdivision 4. General Standards. a. The City may allow more than one principal building to be constructed on each platted lot within a PUD. b. A PUD which involves only one land use or a single housing type may be permitted provided that it is otherwise consistent with the purposes and objectives of this section. c. A PUD may only contain uses consistent with the City's Comprehensive Plan. d. All property to be included within a PUD shall be under unified ownership or control or subject to such legal restrictions or covenants as may be necessary to ensure compliance with the approved development plan and site plan. e. The uniqueness of each PUD requires that specifications and standards for streets, utilities, facilities and the a approval of land subdivision may be subject to e , public pp Y J modifications from the City Ordinances generally governing them. The City Council may, therefore, approve streets, utilities, public facilities and land subdivisions which are not in compliance with usual specifications or ordinance requirements where it is found that such are not required in the interests of the residents or of the City, except that these subdivisions and plans must be in conformance with all watershed, state, and federal storm water, erosion control, and wetlands requirements. Subdivision 5. Application and Review. a. Implementation of a PUD shall be controlled by the development plan. The development plan may be approved or disapproved by the City Council after evaluation by the Planning Commission. • City Brooklyn Cent 35-47 City Ordinance ty .f y Center h' Submission of the development plan shall be made to the Director of Planning and Inspection on such forms and accompanied by such information and documentation as the City may deem necessary or convenient, but shall include at a minimum the following: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; 3. A grading plan, including temporary and permanent erosion control provisions; 4. A landscape plan; 5. A lighting plan; 6. A plan for timing and phasing of the development; 7. Covenants or other restrictions proposed for the regulation of the development; 8. A site plan showing the location of all structures and parking areas; 9. Building renderings or elevation drawings of all sides of all buildings to be constructed in at least the first phase of development; and 10. Proposed underlying zoning classification or classifications. Such information may be in a preliminary form, but shall be sufficiently complete and accurate to allow an evaluation of the development by the City. b. The Planning Commission shall hold a public hearing on the development plan. Notice of such public hearing shall be published in the official newspaper and actual notice shall be mailed to the applicant and adjacent property owners as required by Section 35= 210 of this ordinance. The Planning Commission shall review the development plan and make such recommendations as it deems appropriate regarding the plan within the time limits established by Section 35 -210 of this ordinance. c. Following receipt of the recommendations of the Planning Commission, the City Council shall hold such hearing as it deems appropriate regarding the matter. The City Council shall act upon the development plan within the time limits established by Section 35 -210 of this ordinance. i City of Brooklyn Center 35-48 City Ordinance Approval of the development plan shall constitute rezoning of the property to PUD and conceptual approval of the elements of the plan. In addition to the guidelines provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: 1. Compatibility of the plan with the standards, purposes and intent of this section; 2. Consistency of the plan with the goals and policies of the Comprehensive Plan; 3. The impact of the plan on the neighborhood in which it is to be located; and 4. The adequacy of internal site organization, uses, densities, circulation, parking facilities, public facilities, recreational areas, open spaces, and buffering and landscaping. The City Council may attach such conditions to its approval as it may determine to be necessary to better accomplish the purposes of the PUD district. d. Prior to construction on any site zoned PUD; the developer shall seek plan approval pursuant to Section 35 -230 of this ordinance. In addition to the information specifically required by Section 35 -230, the developer shall submit such information as may be deemed necessary or convenient by the City to review the consistency of the proposed development with the approved development plan. The plan submitted for approval pursuant to Section 35 -230 shall be in substantial compliance with the approved development plan. Substantial compliance shall mean that buildings, parking areas and roads are in essentially the same location as previously approved; the number of dwelling units, if any, has not increased or decreased by more than 5 percent; the floor area of nonresidential areas has not been increased or decreased by more than 5 percent; no building has been increased in the number of floors; open space has not been decreased or altered from its original design or use, and lot coverage of any individual building has not been increased or decreased by more than 10 percent. e. Prior to construction on any site zoned PUD, the developer shall execute a development agreement in a form satisfactory to the City. f. Applicants may combine development plan approval with the plan approval required by Section 35 -230 by submitting all information required for both simultaneously. g. After approval of the development plan and the plan approval required by Section 35- 230, nothing shall be constructed on the site and no building permits shall be issued except in conformity with the approved plans. City of Brooklyn Center 35-49 City Ordinance h. If within 12 months following approval by the City Council of the development plan, no building permits have been obtained or, if within 12 months after the issuance of building permits no construction has commenced on the area approved for the PUD district, the City Council may initiate rezoning of the property. i. Any major amendment to the development plan may be approved by the City Council following the same notice and hearing procedures specified in this section.. An amendment shall be considered major if it involves any change greater than that permitted by subdivision 5d of this section. Changes which are determined by the City Council to be minor may be made if approved by the Planning Commission after such notice and hearing as may be deemed appropriate by the Planning Commission. City of Brooklyn'Center 35 -50 City Ordinance City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. I. Purpose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A) Zoning classifications must be consistent with the Comprehensive Plan, and, B) Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? i E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses`pirmitted•in the present zoning district, with . respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1) Comprehensive planning, 2) The lack of developable land in the proposed zoning district, or, 3) The best interests of the community? • I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? Section 35.208 Revised 3 -01 WESTWOOD PROFESSIONAL SERVICES, INC. February 28, 2001 RIVER WOOD ESTATES PROJECT SUMMARY AND NARRATIVE Ref. No. 20011005 Brooklyn Center, Minnesota PROJECT SUMMARY PROJECT NAME Riverwood Estates LOCATION East of Highway 252, west of Willow Lane North, north of 65' Avenue North and south of 66' Avenue North. OWNER/DEVELOPER/APPLICANT Eagle Crest Northwest Inc. P.O. Box 47333 Minneapolis, MN 55447 SITE PLANNING, ENGINEERING Westwood Professional Service, Inc. 7599 Anagram Drive Eden Prairie, MN 55344 -7399 Contact: Fran Hagen, II (952) 937 -5150 DEVELOPMENT DATA Existing Guide Plan: Medium Density Residential Existing Zoning: C -1, NO Existing Land Use: Vacant Proposed Zoning: P.U.D. / Rt Proposed Land Use: Residential — Detached Townhomes PROPOSED DEVELOPMENT SUMMARY Total Site Area: 228,856 square feet (5.25 acres) Total Public R.O.W.: 30,954 square feet (0.71 acres) Total Lots Proposed: 21 single family Average Lot Area: 9,424 square feet Density (Gross): 4.0 units /acre PROJECT NARRATIVE RIVERWOOD ESTATES T WESTWOOD PROFESSIONAL. SERVICES, INC. LEGAL DESCRIPTION Lots 1 and 2, Block 1, E and H Properties Addition, according to the recorded plat thereof, Hennepin County, Minnesota. Lot 16 except that part thereof embraced in Farr's First Addition, "Auditor's Subdivision 310, Hennepin County, Minnesota," According to the recorded plat thereof, and situate in Hennepin County, Minnesota. Lot 1, Block 2, Farr's First Addition, according to the plat thereof on file of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Plus MnDot Right of Way Turnback Per Doc. No. 5705369. REQUESTED ACTION This application is made in request of review and approval for P.U.D./Rezoning, Preliminary Plat and eventual Final Plat. The property is currently guided appropriately for the proposed land use. PROJECT NARRATIVE EXISTING CONDITIONS ' Previous land uses for the 5.25 acre parcel have included a motel, apartment buildings and a gas station. All of the previous land uses have been removed, leaving generally open space with isolated stands of trees. This site includes several different parcels of land that will be combined and subdivided through the platting process if approval is granted. SOILS /SLOPES The site is gently rolling with no wetlands on the property. Soils consist of the Becker and Duelm series, which can vary from fine sandy loam to loamy sand. Soils are moderately to well drained. The site drains from the west and the north to the south and east into the existing city storm sewer system and ultimately into the Mississippi river. VEGETATION The parcel is predominantly open space with isolated trees and small clusters of trees generally located around the perimeter of the site. WETLANDS No wetlands were observed on the property and confirmation is pending. PROJECT NARRATIVE RIVERWOOD ESTATES 2 WESTWOOD PROFESSIONAL SERVICES, INC. ABUTTING LAND USES, Neighboring land uses include single family homes along the east side of Willow Lane and apartment units south of 65' Avenue North. Northwest of the site is the intersection of 66"' Avenue North and Highway 252. r ACCESS Access to the property is currently provided off of 65' Avenue to the south, Willow Lane to the east, and 66' Avenue North to the north. The site is accessible from Highway 252 via the intersection at 66 h Avenue North. PROPOSED DEVELOPMENT Riverwood Estates will consist of 21 detached townhome units in a Planned Unit Development (PUD). Current zoning on the property includes Beth C -1 Commercial aa4 . The PUD combines the two different zoning districts and four separate properties into one zoning district that would better compliment the neighborhood. The detached townhome project would provide a transition from both the existing single family homes along Willow Lane and the apartment buildings south of 65' Avenue to Highway 252. The PUD requires minor deviation from the standard subdivision ordinances to best develop the site. Riverview Estates proposes a 25 foot front setback, 50 foot minimum lot width, and 50 foot wide right -of -way, all of which are less than city standards. A reduced setback allows for the preservation of trees which otherwise would be lost and provides an opportunity to berm along Highway 252 to the greatest degree possible. The modification to the setback and right -of -way width also allows for access away from Willow Lane and onto Riverview Lane within the project. In designing this project an effort was made to protect as many of the existing trees as possible where street, building, and pond construction allow. In addition to these trees, new plantings within the project far exceed the number required by the ordinance. Particular emphasis has been paid to buffering the site from the highway through considerable plantings along the berms at the west and north sides of the project. Boulevard trees are also included in the front yards of the homes. Additional trees will be added to the trees to be saved along Willow Lane to aid in further buffering the existing single family homes from Riverwood Estates. A pond is proposed in the southeast comer of the project to meet National Pollutant Discharge Elimination System (NPDES) requirements. The pond meets storage and rate control requirements outlined in the permit while reducing drainage off site and into the existing city storm sewer system. PROJECT NARRATIVE RIVERWOOD ESTATES 3 WESTWOOD PROFESSIONAL SERVICES, INC. Public utilities include sanitary sewer and water service to each home through main construction in the street and connection to existin g mains at Willow Lane and 66" Avenue. Connection to the city's storm sewer system is planned in two locations along Willow Lane for street drainage (north) and a pond outlet (south). An . existing access (frontage road along the west side of the roe will be removed. g ( g ) g property rty The existing access at 66' Avenue North will be removed with curb installed along 66' Avenue in its place. The existing access to 65`' Avenue North will be removed with a turn- around installed at the west end of 65 Avenue. A new 30 foot wide street with curb and gutter (Riverwood Lane) will be constructed through Riverwood Estates to provide access to all of the new homes in the project. PROJECT N RIVERWOOD ESTATES 4 W O O r Riverwood Estates Landscape Points Westwood Professional Services 3 -1 -01 Project # 20011005 0 "rJ Points Required m Type of Development: Multi - Family Residential N Area: 5.25 Acres w Points Required = 90 + 3.25 x 75 = 334 points Cn N • N Planting Type Points Per Maximum % Project Project Percent of Planting of Points Plantings Points Points Shade Trees 10 50% 22 220 41.0% Coniferous Trees 6 40% 29 174 32.4% Decorative Trees 1.5 35% 25 37.5 7.0% Shrubs 0.5 25% 211 105.5 19.6% y CrJ Total 287 537 . o o • N 03/20/01 13:35 FAX 952 937 5822 WESTWOOD PROF. SERVICES IM 002 WESTWOOD PROFESSIONAL SERVICES, INC. Rezoning Evaluation Review Guidelines Submitted 3 -20 -01 A. Is there a clear public need or benefit? The PUD combines the two different zoning districts and four separate properties into one zoning district that would better compliment the neighborhood Development of the parcels involved would provide a use for properties that have been vacant for some time. B. Is the proposed consistent with and compatible with surrounding land use classifications? The project is compatible with both the single family and apartment land uses adjacent to the subject property. The addition of detached Townhomes provides a transition between the single family homes and the apartment buildings. C. Can all permitted uses in the proposed zoning district be contemplated for the development of the subject property? Yes, permitted uses within the proposed zoning district would be limited to detached townhome residential units. D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? Previous land uses for the project have included a motel, apartment buildings and a gas station. Since the time of zoning, the area has changed considerably, particularly on 66' Avenue, west of Highway 252. E. In the case of City - initiated zoning proposals, is there a broad public purpose evident. This is not a City - initiated zoning proposal. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning districts? The PUD requires minor deviation from the standard subdivision ordinances to best develop the site. Riverview Estates proposes a 25 foot front setback, 50 foot minimum lot width, and 50 foot wide right -of -way, all of which are less than city standards. A reduced setback allows for the preservation of trees which otherwise . would be lost and provides an opportunity to berm along Highway 252 to the greatest degree possible. The modification to the setback and right -of -way width PROJECT NARRATIVE RIVERWOOD ESTATES 1 03/20/01 13:38 FAX 952 937 5822 WESTWOOD PROF. SERVICES 11003 WESTWOOD PROFESSIONAL SERVICES, INC. also allows for access away from Willow Lane and onto Riverview Lane within the project. In designing this project an effort was made to protect as many of the existing trees as possible where street, building, and pond construction allow. In addition to these trees, new plantings within the project far exceed the number required by the ordinance. Particular emphasis has been paid to buffering the site from the highway through considerable plantings along the berms at the west and north sides of the project. Boulevard trees are also included in the front yards of the homes. Additional trees will be added to the trees to be saved along Willow Lane to aid in further buffering the existing single family homes from Riverwood Estates. G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? See Section F answer above. H. Will the rezoning result in expansion of a zoning district, warranted by: 1. Comprehensive planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best interest of the community? The rezoning will not result in the expansion of a zoning district, but rather the creation of a new district in the area I. Does the proposal demonstrate merit beyond the interests on an owner or owners of an individual parcel? As stated above, the detached townhome project would provide a transition from both the existing single family homes along Willow Lane and the apartment buildings south of 65 Avenue to Highway 252. The project also provides a single use for four separate parcels that are currently in two different districts. PROJECT .NARRATIVE RIVERWOOD ESTATES COUNCIL ADDRESS - NOV. 13, 2000 I come before the council as a Brooklyn Center resident who lives in the Riverwood area of our City. I have talked other times on the issue which I believe is paramount to the preservation of our residential area of our City. That issue being the redevelopment of the property on the southeast corner of Highway 252 and 66th Ave. No. I want to compliment the council and city staff on their patience and their perseverance is the proper development of the said property, over the many years of ifs vacancy. We have had many difficult meeting about this issue and we as residents have always felt our wishes have been respected by the elected officials and city staff. Although we did not always find agreement at these meetings, they were always carried out with proper respect and decorum. A few months. ago, Mr. McCauley made me aware of a prospective developer for this property. I was invited to a proposal meeting at City hall and there met Mr. Bill Gleason and Laurie Karnes. The proposal they offered seemed not only workable but it would to be what we had always hoped the property would be used for, single family residential homes. After that meeting and the subsequent approval of the council in October to put the sale on the Agenda, Mr. McCauley suggested that Mr. Gleason could meet with our neighbors to detail the development to them. Mr. Gleason did agree, and on Nov 6, 2000 we did meet. On a night of rather nasty weather, 26 of our neighbors met with Mr. Gleason and found him to be very forthright and accommodating in explaining his plan and any particulars we may have questions on. After this meeing I believe all who attended would agree that if Mr. Gleason does what he said he will do, this would be a very attractive development for our neighborhood and our City. I personally believe Mr. Gleason has been honest and straightforward and I would encourage the Council to favorably consider this sale. I support the plan. Thank u. on - ag az A " l,7ii wn � Oketf UU - Member Graydon Boeck introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2001 -01 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001 -005 SUBbut 1 w BY EAGLE CREST NORTHWEST. WHEREAS, Planning Commission Application No. 2001 -005 submitted by Eagle Crest Northwest, proposes rezoning from C -1 (Service /Office) to PUD/R 3 of a 5.25 acre site located at the southeast quadrant T. H. 252 and 66' Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and site and building plan approval for 21 single family detached townhomes; and WHEREAS the Planning Commission held a duly called public hearing on March publi t estimon y r 29 2001 when a staff re and y S � the rezoning and site and building eP P plan were received; and WHEREAS, the Planning Commission considered the Planned Unit Development • request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that Application No. 2001 -005 submitted by Eagle Crest Northwest be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under this Planned Unit Development Rezoning is considered a reasonable use of the property and will conform with City Ordinance standards except for. allowing a front yard building setback of 25 ft. rather than 35 ft.; a side comer setback of 20 ft. rather than 25 ft.; and a street right of way width of 50 ft. rather than 60 ft. which are justified on the basis of this development being an appropriate development and transition between adjacent properties. s 4. This Planned Unit Development Proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that approval of Application No. 2001 -005 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer subject to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. B -618 curb and gutter shall be provided along streets in a manner approved by the - City Engineer. 5. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 6. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 7. The applicant shall obtain and NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's Engineering Department. 8. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the R -3 underlying zoning district as well as all conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 2 `� 9. The storm drainage plan shall be revised in accordance with the recommendations of the City Engineer prior to the issuance of building permits. 10. All driveways in the development shall be either blacktop or concrete. 11. The applicant shall be responsible for installing street lighting within the development in accordance with City standards. Date Chair A 61. ✓ -.-.. �. Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Rex Newman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, John Whitehead, Dianne Reem, Graydon Boeck and Stephen Erdmann and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 3 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-005 SUBMITTED BY EAGLE CREST NORTHWEST WHEREAS, Planning Commission Application No. 2001 -005 submitted by Eagle Crest Northwest, proposes rezoning from C -1 (Service /Office) to PUD/R -3 of a 5.25 acre site located at the southeast quadrant T. H. 252 and W Avenue North; and WHEREAS, the proposal comprehends the rezoning of the above mentioned property and site and building plan approval for 21 single family detached townhomes; and WHEREAS, the Planning Commission held a duly called public hearing on March 29, 2001, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Planning Commission recommended approval of Application NO. 2001 -005 by adopting Planning Commission Resolution No. 2001 -01 on March 29, 2001; and WHEREAS, the City Council considered Application No. 2001 -005 at its April 9, 2001 meeting; and WHEREAS, the City Council has considered this Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355, the City's Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2001 -005 submitted by Eagle Crest Northwest be approved in light of the following considerations: 1. The Planned Unit Development is compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The Planned Unit Development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. RESOLUTION NO. 3. The utilization of the ro as proposed under this Planned Unit Development p pe rtY P P p Rezoning is considered a reasonable use of the property and will conform with City Ordinance standards except for allowing a front yard building setback of 25 ft. rather than 35 ft.; a side corner setback of 20 ft. rather than 25 ft.; and a street right of way width of 50 ft. rather than 60 ft. which are justified on the basis of this development being an appropriate development and transition between adjacent properties. 4. This Planned Unit Development Proposal is considered consistent with the recommendations of the City's Comprehensive Plan for this area of the city. 5. The Planned Unit Development proposal appears to be a good long range use of the existing land and can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings as contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2001 -005 be approved subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer subject to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. B -618 curb and gutter shall be provided along streets in a manner approved by the City Engineer. 5. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 6. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's standard specifications and details. 7. The applicant shall obtain and NPDES permit from the Minnesota Pollution Control Agency and shall also provide adequate erosion control as approved by the City's . Engineering Department. I RESOLUTION NO. 8. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said development agreement shall be filed with the title to the property and shall acknowledge the specific modifications to the R -3 underlying zoning district as well as all conditions of approval. The agreement shall further assure compliance with the development plans submitted with this application. 9. The storm drainage plan shall be revised in accordance with the recommendations of the City Engineer prior to the issuance of building permits. 10. All driveways in the development shall be either blacktop or concrete. 11. The applicant shall be responsible for installing street lighting within the development in accordance with City standards. 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 OF BROOKLYN CENTER Notice is hereby given that hearing will held on the 14" day of M at 7:00 y g v a public g 1 be y y, , p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (RIVERWOOD ESTATES) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1170. SERVICE /OFFICE DISTRICT (Cl). The following properties are hereby established as being within the (Cl) Service /Office District zoning classification: Lets I onrl 2 , Blo c k 1 L �xxazoivEi , . � ... Lot 1 , BleGk 7 > Farms Fi'iro+ Addition S u b *T That pa# o f 1" of 1 A ii4A C bdivi43r. 1_l o. 31 9 bring west of o lin rwmin fF (joint i n outh lin „ f�6- distant 224.53 f ther-eef to a point in the neAh line ef Lot 16 distant 232 feet east frem the nedhAxes-t- Section 35. 1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 5. The following properties are designated as PUD/R3 (Planned Unit Development/Multiple Family Residence): Lots 1 through 13, Block 1, Riverwood Estates Addition Lots 1 through 8, Block 2, Riverwood.Estates Addition 1 Section 2. This ordinance shall become effective after adoption and upon thirty days • following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date Strikeouts indicate matter to be deleted, underline indicates new matter.) • 2 City Council Agenda Item No. 7b MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specia is1� t Zt. Subject: City Council Consideration Item - Planning Commission Application No. 2001- 006 Date: April 4, 2001 On the April 9, 2001 City Council Agenda is Planning Commission Application No. 2001 -006 submitted by Eagle Crest Northwest requesting Preliminary Plat Approval to subdivide 5.25 acres of land located at the southeast quadrant of T. H. 252 and 66th Avenue North into 21 single family detached townhome lots with necessary right of way. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -006 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 29, 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 3 -05 -01 City Council Action Should Be Taken By 5 -04 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -006 Applicant: Eagle Crest Northwest Location: Southeast Comer of 66th Avenue North and T. H. 252 Request: Preliminary Plat The applicant, Eagle Crest Northwest, is seeking Preliminary Plat approval to subdivide 5.25 acres of land located at the southeast quadrant of 66"' Avenue and T. H. 252 into 21 single family detached townhome lots with the necessary right of way to service these lots. The property under consideration is the subject of a Planned Unit Development Rezoning and Site and Building Plan approval from C -1 (Service /Office Commercial) to PUD/R -3 considered under.Planning Commission Application No. 2001 -005. It is bounded on the north by 66`' Avenue North; on the east by Willow Lane; on the south by 65 Avenue North; and on the west by T. H. 252 right of way. This property is currently made up of four lots and a frontage road running parallel to T. H. 252. The City is in the process of vacating this street right of way so it can be included in this plat. The plan is to combine the four lots and the vacated right of way into 21 single family detached townhome lots and public right of way to be known as Riverwood Lane. The lots in question have been acquired by the City of Brooklyn Center over the past eight years and formerly were the site of the Atkins Mechanical operation and a vacant parcel immediately to the east, which currently have a legal description of Lots 1 and 2, Block 1, E & H Properties Addition. Another parcel was formerly occupied by the Brookdale Motel and has a cumbersome metes and bounds description and is adjacent to the T. H. 252 frontage road. The last parcel is known as Lot 1, Block 2, Farr's 1' Addition and formerly contained an 18 unit apartment complex. The proposed plat would create the 21 above mentioned lots, 13 of which would be located along the west and north side of a proposed Riverwood Lane. The remaining lots would be located between Riverwood Lane and Willow Lane. The lots in question range in size from 6,935 sq. ft. in area to 14, 496 sq. ft. in area. The interior lots have at least a 50 ft. width at the building setback line with comer lots being at least 65 ft. in width at the building setback line. The proposed underlying zoning designation is R -3, which allows for townhouse lots with lot widths and areas being a function of the townhouse development plan. This proposed platting, with respect to lot widths and areas, is consistent with the proposed R -3 underlying zoning 3 -29 -01 Page 1 contemplated in the Planned Unit Development under Application No. 2001 -005. This same application comprehends building setbacks of 25 ft. for front yard setbacks and 20 ft. for side comer yard setbacks all of which are a part of the aforementioned Planned Unit Development. The Preliminary Plat comprehended under this application should not be approved unless the Planned Unit Development under the previous application is also approved. Without the approval of the Planned Unit Development there is no justification for the Preliminary Plat under consideration. The Preliminary Plat also proposes a 50 ft. wide, rather than 60 ft. wide right of way for the proposed Riverwood Lane_. This also is the subject of the Planned Unit Development and can only -be justified with that approval. The average size lot in this development is 9,424 sq. ft. in area and the overall density of the plat is 4.0 units per acre. The City Engineer is reviewing the Preliminary Plat and will be making written comments, which will be attached for the Commission's review. Because the plat is a residential plat and less than 15 acres, no Watershed Management Commission review is required. Sewer and water will be provided in Riverwood Lane for connection to the abutting residential lots. Easements around each of the lots include 10 ft. wide easements along Riverwood Lane, T. H. 252, 66" Avenue North, and Willow Lane. Five foot drainage and utility easements will be provided along the interior lots which basically establish the building setback lines for this development. As mentioned above, the T. H. 252 frontage road will be vacated and its connection to 65' Avenue North will be terminated in a turnaround area. The City Engineer is reviewing the proposal for this turnaround area and will be specifying certain dimensions for its construction.' The area where the former frontage road accessed 66' Avenue North, will be curbed and cut off from access to 66* Avenue. A public hearing has been scheduled for this Preliminary Plat and notices of the Planning Commission's consideration have been published in the Brooklyn Center Sun/Post. RECOMMENDATION As previously mentioned, this Preliminary Plat is dependent upon the approval of the Planned Unit Development under Application No. 2001 -005. If that application is not approved, this Preliminary Plat should also not be approved. All in all, we believe the Preliminary Plat is in order and approval is recommended subject to the following conditions: 1. Final plat is subject to the review and approval of the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, which will include a subdivision agreement and supporting financial guarantee to assure the completion of public improvements, contemplated within this plat. 3 -29 -01 Page 2 I I Approval of this Preliminary Plat is contingent upon approval of Planning Commission Application 2001 -005. 4. Building permits for the proposed single family detached townhomes shall not be issued until final plat is approved and filed with Hennepin County. 3 -29 -01 Page 3 1111 i _ _ +�• /1 ©i/■ ■11 /r 1. 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" xwa n .a Mw N.N �— - - - - -- r— r-_ -- �� _ —_ _ _ _ _ _ __ I oyw rw 11•/•n lf•t xa mn 100' Ifr NOT FOR CONSTRUCTION a , yMas rwww..• yay g ar V28M su 1 v s Ri verwood I ��� NMtweed hefes11101W s.TV1t.,. - �- Eagl Gent Northwest, Inc Estates P7eIlmla+l*r Pot nn t> w " i»rwcfSAn7dot I fOrrMi. 110011.00 ■W L 9 —1 MEMORANDUM DATE: March 27, 2001 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: Preliminary Review of Riverwood Estates The Engineering Department has reviewed the preliminary plat and preliminary site plan dated February 28, 2001, for the proposed development. Comments are as follows: PRELIMINARY PLAT • The City has an existing water main adjacent to State Highway 252. The developer shall field verify the location of this main. An additional utility easement may be required on the final plan to accommodate the location and future maintenance of this main. • Internal easements exist which cross 14 of the 21 proposed lots. The developer shall submit easement descriptions and request that the City vacate these easements prior to construction. • The developer shall be required to dedicate a 10 -foot trail easement along Willow Lane for a future trail. • Copies of the preliminary plat have been submitted to the Minnesota Department of Transportation for comment. • Any recommendations or comments of the City Attorney will also need to be considered at the time of final platting. PRELIMINARY SITE PLAN 1. The developer shall enter into a Subdivision Agreement. The agreement shall include utility connection fees, performance guarantees, and outline the Developers responsibilities for work on public infrastructure. The final plans and specification shall be included as part of the Subdivision Agreement. 2. The storm drainage plan shall be resubmitted prior final approval of the Subdivision Agreement. The "Future Storm Drain by Builder" shown in the rear lots of Block 1 and connecting to the City's storm drainage system is not acceptable. The side slope of the sedimentation basin shall not exceed a 1 -on -4 side slope. Drainage calculations have not been reviewed. 3. 'Final plans shall be signed and dated. 4. The bituminous turnaround noted on sheet 3 shall be detailed on the plan and include concrete curb and gutter. 5. The straw bale inlet sediment filter detail on sheet 3 should be deleted. 6 City standard street width is 30 feet face -to -face not B -to -B as shown. 7. Final plans shall include road and utility profiles. 8. The typical street section appears sufficient, however, boring logs shall be taken at two locations to insure adequate subgrade strength and suitable soils for utility placement. 9. The invert on sanitary manhole MH -3 is in error. 10. As -built drawings will be required. 11. Street lighting will be required as part of the improvement. 12. The project specifications shall be included with the final plans. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA • STUDY SESSION MARCH 29, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:33 p.m. ROLL CALL Chair Tim Willson, Commissioners John Whitehead, Sean Rahn, Dianne Reem, Rex Newman, Graydon Boeck, and Stephen Erdmann. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Community Development Specialist Tom Bublitz, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES MARCH 15, 2001 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the March 15, 2001 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2001 -00 AND APPLICATION 2001 -006 (EAGLE CREST NORTHWEST) Chair Willson introduced Application No. 2001 -005, a request from Eagle Crest Northwest to seek Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD) process for the development of 21 single family detached townhomes on a 5.25 acre site located at the southeast quadrant of T.H. 252 and 66 Avenue North. He further introduced Application No. 2001 -006, a request from Eagle Crest Northwest to seek Preliminary Plat approval to subdivide 5.25 acres of land located at the southeast quadrant of 66 Avenue and T.H. 252 into 21 single family detached townhome lots with the necessary right of way to service these lots. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 03/29/01 for Application No. 2001 -005 attached.) The property in question is currently zoned C -1 (Service/ Office Commercial) and has been acquired by the City of Brooklyn Center Economic Development Authority (EDA) over the past eight years. The proposed plan is to accommodate 21 single family detached townhomes. The R -3 underlying zoning designation is being sought because the applicant is proposing a detached townhome concept on smaller lots with reduced 03 -29 -01 Page 1 front yard setbacks and a somewhat greater density than what is allowed in a typical R -1 zone. Staff recommends approval subject to ten conditions. Mr. Warren noted there are a possible three other floor plans not ready yet for consideration by the Planning Commission. He added if the application is favorable, the applicant could be required to bring back any additional floor plans or elevation designs. He stated the City Council has to have all them before it eventually gives final approval. Mr. Warren further presented the staff report using overhead transparencies to describe the second proposal. (See Planning Commission Information Sheet dated 03/29/01 for Application No. 2001 -006 attached.) The proposed plan is to combine the four lots and the vacated right of way into 21 single family detached townhome lots and public right of way to be known as Riverwood Lane. Staff recommends approval subject to four conditions. Mr. Warren stated there needs to be a new legal description for a portion of the street that remains 66 Avenue so it remains a public street. He noted the drainage and utility easements required when it was previously platted also need to be described and vacated. Commissioner Newman asked why it was a PUD. Mr. Warren responded by explaining the differences between PUD and Variance requests. He noted the PUD process is a rezoning based on a plan. He added it is basically contract zoning and can allow deviations from standard requirements based on the positive aspects of the development plans. He stated he did not think this application would qualify for a normal zoning variance. He noted that is one of the reasons the PUD ordinance was adopted. Commissioner Newman asked if the PUD prevented this from becoming precedence. Mr. Warren responded in the affirmative. He pointed out that anyone wanting to seek similar modifications would have to go through the process and meet all of the same findings and considerations in order to get approval. He noted it is rezoned based on the development plan. Commissioner Boeck stated the PUD provides the City a greater opportunity to set standards according to the site under consideration. He noted the City has more flexibility to demand that more be done. He asked about common space. Mr. Warren responded there is none other than the ponding area. He stated the pond is the Association's responsibility. He noted it is not typical, but what they have proposed in this situation is common maintenance. Commissioner Boeck stated the City Engineer had indicated several items to be included. He noted some were in the resolution. He added another issue would be the dedication of a ten -foot trail easement on Willow Lane. He stated he believes it has to be a separate document. Mr. Warren concurred. Commissioner Boeck asked if they could add a requirement for street lighting. He stated the street lighting should be in accordance with city standards and paid for by the developer. Mr. Warren responded it could be added as Condition No. 11. 03 -29 -01 Page 2 Commissioner Reem asked about the easements mentioned in the report. Mr. Warren responded the easements referred to are part of the old platting and have to be formally vacated by the City through an ordinance process. • Commissioner Rahn stated some of the lots have possible basements. He asked if there are any left over gas tanks still there. Mr. Warren responded it is his understanding they have been removed. He stated they have gone through the various environmental requirements and no problems are known. Mr. Bublitz, Community Development Specialist, stated there has been an environmental Phase II study done on the site and there are no environmental issues. Commissioner Rahn asked if the city would be responsible for a cleanup if there was a problem found. Mr. Bublitz responded that a Phase I and Phase I1 study were completed on the property. He noted the Phase II study required soil borings to be taken on the site where the tanks were removed. He added that is as much assurance as they can have at this point and that there are no environmental problems there. He reviewed in more detail the process used to evaluate the site. Commissioner Whitehead asked about Highway 252 and the noise of the traffic and who would be responsible for a noise problem. Mr. Warren responded probably the association. He stated, to his knowledge, this area is not required to have a noise wall. 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 -005 AND APPLICATION 2001 -006 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to open the public hearing on Application No. 2001 -005 and Application No. 2001 -006, at 9:09 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Bill Gleason stated he represented the applicant. He noted his brother and partner is also here. Chair Willson stated there are going to be four different types of building plans. He noted they have seen two. He added the Commission would want to see the rest when can they. Mr. Gleason responded they have the floor plans, but the elevations are taking the time. He stated he expects those to be submitted within the week. Chair Willson asked Mr. Gleason to bring them forth two weeks from this evening. Commissioner Newman asked if it would hold up approval. Chair Willson responded no, but the plans must come before the Commission. 03 -29 -01 Page 3 Mr. Ron Schmidt, 6518 Willow Lane, stated his concern is the condition of Willow Lane. He noted it is projected to be reconstructed in 2008 and wondered if there would be any effect on it with this project. • He stated he would like to see the reconstruction moved up since the condition of the road is bad. He noted the closing of the frontage road would put more traffic on Willow Lane. He added the conditions have changed drastically. He stated if there is going to be any tearing up of Willow Lane, it seems logical to do all of it at once. He noted it would be more cost effective. He noted that he had been told that a petition of the neighborhood might move the timing of the project up by the City. Commissioner Boeck stated the project would have a very insignificant effect on Willow Lane. He noted it would more than likely not disturb the resurfacing. Mr. Schmidt asked about the catch basin right in front of his house and whether it would have sufficient drainage. Commissioner Boeck responded it would have a large pipe coming into the retention pond and going into the catch basin. Mr. Warren stated if they were told to do a petition to move the road project up then perhaps this would be the best thing for the neighborhood to do if they wanted to see the project on Willow Lane completed before it is scheduled. Mr. Ned Storla, 6536 Willow Lane, stated he is concerned about the fencing on the property. He noted he lives across from lot eight. He noted that since the development faces away from Willow . Lane, he is concerned that after the property is sold the fencing would conform to the back yard requirement. He added that in that event the Association could run a fence down Willow Lane. He stated it would mean he would be looking at a fence, possibly an 8 ft. fence. He noted he is hoping for a requirement in the plan to prohibit fencing along Willow Lane higher than four feet. He added his other concern is about the berming on T.H. 252. He stated the present plan for drainage does not seem to be workable. He noted the whole site is sloping toward Willow Lane. He added as much fencing as possible would be nice on the freeway side, but prohibit it as much as possible on Willow Lane. Mr. Tom Kouri, 6416 Willow Lane, stated he is a member of Northeast Neighborhood Advisory Group. He noted he is in support of the resolution. He added over the years they have looked for some good additional single family housing to strengthen the neighborhood. He stated he thinks this development goes towards that goal. He noted he is disappointed that they did not get to meet as a neighborhood group. Mr. Todd Paulson, 6408 Willow Lane, stated this is a good development. He noted he appreciates the questions that have been raised on the trail way. He asked where the trail way would run and where the easement was. He stated it would be great to have a connection to the other part of the trail system under the freeway. He noted there is a lot of use of that trail by bikers and rollerbladers. Mr. Warren responded the trail way easement would be along Willow Lane on the west side. He stated the ultimate plan is to connect this to the 694 bridge and tie into the other trail ways in the West River Road area. • 03 -29 -01 Page 4 Mr. Paulson asked if this would be part of the road. Mr. Warren responded it is his understanding it would be along the back sides of these lots. He stated it is a 10 -foot wide • easement. Commissioner Boeck stated the plan indicates there would be a 10 -foot trail easement. He assumes it would not be shown on the final plat. He added the trail would not be associated with automobile traffic in the street. He stated that often times with a heavy used trail, a fence is desirable to protect yards from the trail users. He noted the easements are granted at this time but the actual design of the trail would come later. Mr. Paulson asked about overhead utility lines. Mr. Gleason responded they bury their utilities. Mr. Jerry Blarney stated nothing about the plan has changed since he spoke to the City Council on November 13, 2000. He noted he urges approval and wants to see the development go forward. Mr. Steve Boone, Chairman of the Northeast Neighborhood Advisory Group Committee, stated he has lived in the area since 1945. He noted there are a lot of problems with that property and in his opinion they could not have designed a better project considering what is there. He added there is a bad access to what used to be 65 Avenue. He stated this plan works well with the existing property and he believes it would be an asset to the city. He noted Brooklyn Center has a real need for this type of project. He added it would still be single family, but would have common maintenance. He stated this is a nice alternative for people where the maintenance gets • to be too much. He noted it frees up their homes for younger people needing a home, also. Ms. Pat Schmidt, 6518 Willow Lane, stated she has lived in her home one year. She noted she has one concern regarding the drainage pond in the area. She added it is right across from an apartment building with lots of children. She stated this area is the only place for them to go. She noted she would like something that keeps the children out of the pond and prevents them from getting into it easily. She asked why suddenly there would be basements. She stated she was told before there would be no basements. She noted she is concerned about the use of a poisonous plant, such as a yew, and asked that it be excluded. Mr. Mike Snelson stated he is part of the Northeast Neighborhood Advisory Group Committee. He asked what the difference is between a single family home and these units. Mr. Warren responded the difference has to do with zoning. He stated the basic difference would be the lot sizes. He noted an R -3 zone typically acknowledges attached townhomes. He added this is a hybrid of R -1 and R -3. He stated these would be single family homes on smaller lots and smaller setbacks. Mr. Snelson asked who would pay for the public street. Chair Willson responded the construction would be done by the developer and the city would maintain it. Mr. Snelson asked about fencing along the berm. Chair Willson responded there are none in the plans. • 03 -29 -01 Page 5 Mr. Warren stated the fencing there now is highway fence. Mr. i Snelson said he agrees with what other members of the Northeast Neighborhood Advisory Group have said and that he supports the project. Tom Zenanko, 6512 Willow Lane, stated originally there were no basements, yet now there are. Chair Willson responded the Commission has floor plans before it and there will be two additional plans. He stated basements are a separate issue. Mr. Tom Zenanko stated the perceived value of the property should be of the highest quality. He noted he is not a big fan of slab homes, but wants them developed properly and did not want them to be rental units Chair Willson stated they have estimated $180,000 to $220,000 in value for these units. He noted he does not believe they will turn into rental properties and that these units are being geared more towards single family use. Mr. Bublitz stated the development agreement would not stipulate the sale price of units. He noted the City Council approves the design, so the price range would not be stipulated. He added they have required the developer to sell the units to persons who would occupy the units. He stated if a family member wants to purchase a unit for a parent that would be allowed. He noted it would have to be an immediate family member. Future sale of units would be between willing buyers and sellers. • Mr. Jerry Blarney stated that with regard to the materials used at the preliminary meetings, the requirement was equal to or exceeded the homes built on Bellvue Lane. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -005 and Application No. 2001 -006. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close the public hearing on Application 2001 -005 and Application 2001 -006, at 9:45 p.m. The motion passed unanimously. The Chair called for further discussion or questions on Application 2001 -05. Commissioner Newman asked about the fencing issue and whether they had jurisdiction on that issue. Commissioner Boeck responded there is a city ordinance that regulates fencing and he believed it was appropriate to this situation. Commissioner Newman asked about the pond. Mr. Warren responded the City Engineer is reviewing the plans to see if the pond grade is too steep. If it is, it will be modified. He added that it was his understanding that there would not always be water in the area. I 03 -29 -01 Page 6 The developer agreed to eliminate yews from the plants and replace them with non - poisonous shrubs. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 2001 -005 (EAGLE CREST NORTHWEST) There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adopt Planning Commission Resolution No. 2001 -01 Regarding the Recommended Disposition of Planning Commission Application No. 2001 -005 Submitted by Eagle Crest Northwest. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its April 9, 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. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 2001 -006 (EAGLE CREST NORTHWEST) There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2001 -006 submitted by Eagle Crest Northwest for preliminary plat approval to subdivide 5.25 acres of land located at the southeast quadrant of 66 Avenue and T.H. 252 into 21 single family detached townhome lots with the necessary right of way to service these lots, subject to the following conditions: I. Final plat is subject to the review and approval of the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, which will include a subdivision agreement and supporting financial guarantee to assure the completion of public improvements, contemplated within this plat. 3. Approval of the Preliminary Plat is contingent upon approval of Planning Commission Application 2001 -005. 4. Building permits for the proposed single family detached townhomes shall not be issued until final plat is approved and filed with Hennepin County. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, Reem, and Whitehead. The motion passed. 03 -29 -01 Page 7 The Council will consider the recommendation at its April 9, 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 he had no other business. Commissioner Reem stated that after review of the minutes from the City Council meeting she is concerned about placing "Holman units" in Brooklyn Center. Mr. Warren stated it is his understanding that the City Council is asking for a presentation from the Metropolitan Council. He noted the City has been asked to take "Holman units ". He added the City Council feels the City has sufficient affordable housing. Chair Willson asked why is the City being asked to solve this problem. He asked if any other first ring suburbs have been asked to take on these. Mr. Warren stated the idea is to disperse the concentration of low- income housing. He added the City Council intends to have a forum to have it presented so they can discuss it. Further discussion ensured relating to this question. Commissioner Reem stated her concern was that the Council was agreeing to this request. She noted she hopes they all feel they have done their share. There was no other business. ADJOURNMENT There was a motion by Commissioner Erdmann, seconded by Commissioner Boeck, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:02 p.m. Chair Recorded and transcribed by: Nancy Czajkowski TinieSaver Off Site Secretarial, Inc. 03 -29 -01 Page 8 City Council Agenda Item No. 8a i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID FISHER WHEREAS, David Fisher was hired as Housing Inspector for the City of Brooklyn Center on January 23, 1989; and WHEREAS, David Fisher was promoted to Building Inspector in July 1990 and then Building Official in November 1997; and WHEREAS, David Fisher has faithfully served the residents of Brooklyn Center by providing housing and building inspection services, advising on matters relating to building codes and building construction, and protecting the public health, safety, and welfare of the citizens by enforcing construction- related codes, including the State Building Code and City Ordinances; and WHEREAS, his dedicated public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of David Fisher is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8b i MEMORANDUM DATE: March 29, 2001 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe Director of Community Activities Recreation and Services r ns t Act Y SUBJECT: Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Li Club in Support of Our Earle Brown Days Parade and Sunday in Central Park Activities The Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars ($5,000.) They have designated that it be used to support our annual Earle Brown Days parade. In addition, The Brooklyn Center Lions Club has presented to the City a donation of two thousand dollars ($2,000.) They have designated that it be used to support our annual Sunday in Central Park activities. Staff recommends acceptance of these donations and asks that they be coded to the corresponding activity budgets. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS PARADE AND SUNDAY IN CENTRAL PARK ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of five thousand dollars ($5,000) and have designated it be used to support our annuai Earle Brown Days Parade; and WHEREAS n Center Club has resented to the City a d the Brookly Ce to Lions C p y donation of two thousand dollars ($2,000) and have designated it be used to support our annual Sunday in Central Park activities; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the corresponding activity budgets. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 8c PROCLAMATION DECLARING APRIL 8 —14,2001, NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK WHEREAS, emergencies can occur at anytime that require police, fire, or emergency medical service; and WHEREAS, when an emergency occurs the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Brooklyn Center public safety communications center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and WHEREAS, Public Safety Dispatchers of the Brooklyn Center Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of April 8 through 14, 2001, to be National Telecommunications Week in Brooklyn Center, in honor of the Public Safety Dispatchers whose diligence and professionalism keep our City and citizens safe. Date Mayor Attest: City Clerk City Council Agenda Item No. 8d PROCLAMATION • DECLARING APRIL 15 THROUGH 22, 2001, AS DAYS OF REMEMBRANCE WHEREAS, the Holocaust was the state - sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims — six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war, and political dissidents, also suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of the City of Brooklyn Center should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and WHEREAS, we the people of the City of Brooklyn Center should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Brooklyn Center to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96 -388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust to be Sunday, April 15, through Sunday, April 22, 2001, including the international Day of Remembrance known as Yom Hashoah, April 19. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the weep of Sunday, April 15, through Sunday, April 22, 2001, as Days of Remembrance in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Brooklyn Center, should strive to overcome intolerance and indifference through learning and remembrance. Date Mayor ATTEST: City Clerk • r UNITED r% STATES • HOLOCAUST MEMORIAL MUSEUM Dear Mayor: The United States Holocaust Memorial Museum in accordance with its Congressional mandate (Public Law 96 -388, 10/7/80) is leading the nation in the annual Days of Remembrance of the Victims of the Holocaust, commemorated this year from Sunday, April 15 through Sunday, April 22. Yom Hashoah is April 19 this year and the national Day of Remembrance Commemoration will be held on that day in the Rotunda of the United States Capitol. This year's theme is "Remembering the Past For the Sake of the Future." The year 2001 will mark the 60`'' anniversary of the beginning of the genocide of European Jews. Over the eight and a half years preceding 1941, Nazi persecution of the Jews and other selected groups became increasingly intense, widespread, and systematic, culminating in a campaign of extermination. When the slaughter was over, the lives of some six million Jews had been snuffed out along with those of some five million others: Poles, the handicapped, Gypsies, homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents. Yet to some extent before June 1941, and to a full extent before September 1939, what we now know as "the Holocaust" could have been prevented. And even after June 1941, opportunities were missed to save significant numbers of Jews. Remembrance obligates us to remember not only what was done, but also to reflect on what could have been done. A background piece on the theme is enclosed. Your personal leadership in this national commitment to remember is essential, as you set an example for your city and the nation. Thus, we respectfully encourage you to issue, as was done in the past, a special Days of Remembrance Proclamation for distribution to the citizens of your city. A sample is enclosed for your consideration and convenience. We also invite you to join us in observing these Days of Remembrance. Marian Craig Gilbert of the Museum's Days of Remembrance program will contact you soon to offer suggestions for arranging an appropriate observance. Please feel free to contact Mrs. Gilbert for further information or assistance. Her telephone number is (770) 650 -7712. We are grateful for your leadership and support in this important endeavor. Sincerely, Benjamin Meed Chairman, Days of Remembrance • Enclosures 100 Raoul Wallenberg Place, SW, Washington, D.C. 20024 -2126 • Tel (202) 488 -0400 • Fax (202) 488 -2690 • www.ushmm.org r UNITED r % STATES S HOLOCAUST MEMORIAL MUSEUM HOLOCAUST REMEMBRANCE DAY 2001-2011 Holocaust Remembrance Day is a day that has been set aside for remembering the victims of the Holocaust and for reminding Americans of what can happen to civilized people when bigotry, hatred and indifference reign. The United States Holocaust Memorial Council, created by act of Congress in 1980, was mandated to lead the nation in civic commemorations and to encourage appropriate Remembrance observances throughout the country. Observances and Remembrance activities can occur during the week of Remembrance that runs from the Sunday before through the Sunday after the actual date. While there are obvious religious aspects to such a day, it is not a religious observance as such. The internationally - recognized date comes from the Hebrew calendar and corresponds to the 27' day of Nisan on that calendar. That is the date on which Israel commemorates the victims of the Holocaust. In Hebrew, Holocaust Remembrance Day is called Yom Hashoah. 2001 Thursday, April 19 2002 Tuesday, April 9 2003 Tuesday, April 29 2004 Sunday, April 18 2005 Thursday, May 5 2006 Tuesday, April 25 2007 Sunday, April 15 2008 Thursday, May 1 2009 Tuesday, April 21 2010 Sunday, April 11 2011 Sunday, May 1 The Holocaust is not merely a story of destruction and loss; it is a story of an apathetic world and a few rare individuals of extraordinary courage. It is a remarkable story of the human spirit and the life that flourished before the Holocaust, struggled during its darkest hours, and ultimately prevailed as survivors rebuilt their lives. We encourage you to join with the United States Holocaust Memorial Museum in observing the Days of Remembrance. For further information, please contact: Days of Remembrance, United States Holocaust Memorial Museum, 100 Raoul Wallenberg Place, S.W., Washington, DC 20024 or see the Museum's web page at www.ushmm.gov. 100 Raoul Wallenberg Place, SW, Washington, D.C. 20024 -2126 • Tel (202) 488 -0400 • Fax (202) 488 -2690 • wwwushmm.org REMEMBERING THE PAST FOR THE SAKE OF THE FUTURE Days of Remembrance April 15 -22, 2001 "...a memorial unresponsive to the future would violate the memory of the past" President's Commission on the Holocaust Elie Wiesel, Chairman Days of Remembrance was established by the United States Congress as our nation's annual commemoration of the victims of the Holocaust, just as the United States Holocaust Memorial Museum was established as our permanent living memorial to those victims. This year, Holocaust Remembrance Day is Thursday, April 19. Its theme is "Remembering the Past for the Sake of the Future," underscoring that remembrance should also be an act of hope. Sixty years ago the darkest, most murderous moment of history was unleashed, and the voices of freedom and justice were still. Sadly, those voices were mute as Nazi persecution became increasingly intense, widespread and systematic, culminating in a campaign of extermination against Europe's Jews. When the slaughter was over, six million Jews had been killed and millions more targeted for persecution and destruction, including Poles; the handicapped; Gypsies; homosexuals; Jehovah's Witnesses; Soviet prisoners of war and political dissidents. Those who survived the killing camps tell us that as many of those people walked to their deaths, their last words were "Remember us. Remember us." Remembrance obligates us to focus not only on memorializing those who were killed; we must also reflect on what could have been done to save them. The year 2001 marks the 60 anniversary of the beginning of the genocide of European Jews. Yet to some extent before June 1941, and to a full extent before September 1939, what we now know as "the Holocaust" could have been prevented. And even after June 1941, opportunities were missed to save significant numbers of Jews. History teaches us that the Holocaust might not have occurred if governments and leaders had spoken out during the Nazi rise to power. And more people could have been saved if individual citizens had raised their voices to force their governments to act — if only to offer safety and refuge. In the aftermath of the Holocaust, indifference to genocide cannot be tolerated; Holocaust remembrance imposes a moral obligation to speak out. The United States Holocaust Memorial Council established a Committee on Conscience precisely because in the critical years prior to 1941 conscience did not prevail. The Council is determined that the Museum's ultimate achievement should be "that remembrance of the past will influence the course of the future." As we commemorate the 60 anniversary of the destruction of European Jewry, the theme of Days of Remembrance 2001 reflects our conviction that without a call to conscience, remembrance is incomplete. I City Council Agenda Item No. 8e i PROCLAMATION DECLARING MAY 5, 2001, TO BE A DAY OF SPIRITUAL REDEDICATION AND . PRAYER IN BROOKLYN CENTER WHEREAS, in 1952, an event was inaugurated by Christian Leadership groups in the United States Senate and the House of Representatives; and WHEREAS, the annual National Prayer Breakfast has become a national time for the rededication of the individual and the nation to God; and WHEREAS, many states and local communities have sponsored similar events at the state and local level; and WHEREAS, a volunteer committee of concerned citizens has joined together as the Brooklyn Center Prayer Breakfast Committee, Inc., to sponsor an annual Brooklyn Center Community Prayer Breakfast for a similar rededication of local community leaders, business representatives, our City, and its citizens to high Judeo- Christian ideals; and WHEREAS, the committee is planning the 23rd Annual Brooklyn Center Community Prayer Breakfast, the oldest contiguous prayer breakfast in the State of Minnesota, on the 5th day of May, 2001, at the Earle Brown Heritage Center, entitled, "2001 — A Faith Odyssey, `; and WHEREAS, the committee acknowledges our dependence upon God in our personal lives and in the life of our City; and WHEREAS, the breakfast will emphasize prayer in our individual lives and in the life of our community; and WHEREAS, the speaker, Chuck Knapp, a recognized radio personality and conference speaker; as well as recording artist Mary Beth Carlson and her daughter Kimberly Monsen; will direct our attention toward prayer in and for our community. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim that Saturday, May 5, 2001, be designated as a Day of Spiritual Rededication and Prayer in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage and join in quite reverence and dedication; and that it calls upon the citizens of Brooklyn Center, youth and adults, to join with hundreds of their friends, neighbors, and fellow citizens at the 23rd Annual Brooklyn Center Community Prayer Breakfast on Saturday, May 5, 2001, at our historic Earle Brown Heritage Center. I further encourage our churches to particularly pray for our community in their worship services during the week of April 29, 2001, which also includes The National Day of Prayer on Thursday, May 3, 2001. Date Mayor Attest: City Clerk City Council Agenda Item No. 8f • MEMORANDUM DATE: April 4, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer : ; SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 2001 -01, 02, and 03, Contract 2001 -A, Garden City North Street, Storm Drainage, and Utility Improvements Summary Explanation Bids for Contract 2000 -A were received and opened on April 4, 2001. The bidding results are tabulated as follows: Bidder Bid Amount Arcon Construction, Inc. $2,996,354.16 Palda & Sons, Inc. $3,294,034.15 Richard Knutson, Inc. $3,342,164.20 Barbarossa & Sons, Inc $3,411,765.60 S.R. Weidema, Inc. $3,469,527.98 La Tour Contruction $3,597,047.70 Northdale Construction $3,599,361.73 ENGINEER ESTIMATE $3,547,000.00 Of the seven (7) bids received, the lowest bid of $2,996,354.16 was submitted by Arcon Construction, Inc. The Engineer's Estimate for the project was $3,547,000.00, which is within 4% of 4 of the seven bids received. The low bid is approximately $550,000 below the Engineer's estimate and approximately $300,000 below the next lowest bidder, which is indicative of a competitive bidding environment. Arcon Construction, Inc. has proven experience in performing all of the requirements included in this contract and has the resources necessary to complete the project. Arcon constructed last year's project in the Garden City Central area. Accordingly, staff recommends acceptance of the low bid and award of the contract to Arcon Construction, Inc. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding the Garden City contract to Arcon Construction in the amount of $2,996,354.16. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2001 -01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 2001 -01, 02, and 03, bids were received, opened, and tabulated by the City Clerk and Engineer on the 4th day of April, 2001. Said bids were as follows: Bidder Bid Amount Arcon Construction, Inc. $2,996,354.16 Palda & Sons, Inc. $3,294,034.15 Richard Knutson, Inc. $3,342,164.20 Barbarossa & Sons, Inc $3,411,765.60 S.R. Weidema, Inc. $3,469,527.98 La Tour Contruction $3,597,047.70 Northdale Construction $3,599,361.73 WHEREAS, it appears that Arcon Construction is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Arcon Construction of Harris, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 2001 -01, 02, and 03, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract is signed. 3. The estimated project costs and revenues are as follows: RESOLUTION NO. COSTS Feasibilitv Estimate As Amended Per Low Bid Contract $3,547,000.00 $2,996,354.15 Contingency (10 %) 354,700.00 $299,635.42 Subtotal Construction Cost $3,901,700.00 $3,295,989.57 Admin/Legal /Engr. $280,000.00 $312,959.90 Reforestation $34,000.00 $34,000.00 Streetlights $70,000.00 $70,000.00 Total Estimated Project Cost $4,285,700.00 $3,712,949.47 REVENUES Street Assessment $785,368.94 $785,368.94 Water Fund $654,013.20 $693,999.02 Storm Drainage Assessment $271,644.77 $271,644.77 Storm Drainage Utility Fund $318,847.93 $187,698.47 Sanitary Sewer Utility $682,090.80 $617,045.56 Special Assmnt. Const. Fund $1,573,734.36 $1,157,192.71 Total Estimated Revenue $4,285,700.00 $3,712,949.47 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. 8g MEMORANDUM DATE: April 3, 2001 TO: Michael McCauley, City Manager ��QQ FROM: Diane Spector, Director of Public Services& SUBJECT: Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA; And Proclamation Declaring April 27, 2001 Arbor Day and May 2001 Arbor Month in Brooklyn Center For each of the past nine years, Brooklyn Center has strived for and achieved designation as a Tree City USA by the National Arbor Day Foundation. This national award recognizes communities with effective community forestry programs. The City's forestry programs include the following: ♦ Care for and planting of park and boulevard trees; ♦ Diseased and nuisance tree removal program; ♦ Mandatory tree contractor registrations requiring certain minimums of liability insurance; ♦ Boulevard tree planting permits requiring proper placement of tree and selection of tree species; ♦ A Residential Reforestation program which provides financial assistance in the form of $100 coupons to property owners who have lost a tree to disease. The coupons are good towards a replacement tree from one of several local nurseries; ♦ A tree ordinance specifying proper standards of care for all trees; and ♦ An Arbor Day and Month program which travels between elementary schools in Brooklyn Center, providing teaching resources, learning activities, and an Arbor Day event to plant one or more trees. One of the requirements for Tree City USA cities is that they host Arbor Day or Arbor Month celebrations. The ongoing project for Palmer Lake Ponds and Trail Improvements provides the perfect opportunity to partner with Palmer Lake Elementary School for the site for the 2001 Arbor Month celebration. Ninety 6' grade students will participate in the planting of 500 seedlings in the Palmer Lake Trail region. A resolution recognizing Brooklyn Center's designation as a Tree City USA and reaffirming the City's commitment to its urban forest is provided for Council consideration. A proclamation declaring Arbor Day and Arbor Month in Brooklyn Center is also included for Council consideration. PROCLAMATION DECLARING APRIL 27, 2001 ARBOR DAY AND MAY 2001 ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds, and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as construction damage and pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and i WHEREAS, We are in a decade that emphasizes the environment and how people can positively impact world problems like "global warming" by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, Brooklyn Center has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree - planting ways NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 27, 2001, Arbor Day and May 2001 as Arbor Month in the City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Date Mayor ATTEST: City Clerk i MEMORANDUM DATE: April 4, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Amending the Schedule of Diseased Tree Program Fees The Public Works Department administers the state - mandated Diseased Tree Removal program. When a diseased tree is marked on the boulevard and the property owners choose to have the City's contractor remove the tree, the city shares in half the cost of the removal. Property owners are given the option of being invoiced for their share of the amount of the removal or paying the costs by a special assessment to their property taxes. If the property owner chooses to be assessed, a pending assessment is recorded against the property including the cost of the removal plus a $30 special assessment fee (per property) and a $30 capitalized interest charge (per tree). If the total amount per property, including fees, is less than $300, the cost is levied in installments over three years; if the total is greater than $300, the period is five years. S The time involved between three departments (public works, finance and assessing) to administer the assessment options has increased each year as more property owners choose to assess the cost of removal that is under $300. We have begun to take on the role of a lending institution. We propose to amend the schedule whereby the property owner has the option of being assessed, only if the total amount per property, including fees, is greater than $300. The exception to this option would be for the occasional nonpayment of an invoice that is less than $300. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Foundation, upon the recommendation of the State of Minnesota forester, has designated Brooklyn Center as a Tree City USA in recognition of 2000 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Council hereby recognizes and accepts the designation of Tree City USA on behalf of the residents of Brooklyn Center. 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue a high level of maintenance and reforestation efforts. 3. The Council commends city staff and the residents of Brooklyn Center for their work in maintaining and enhancing Brooklyn Center's urban forest. 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 AMENDING THE SCHEDULE OF DISEASED TREE PROGRAM FEES WHEREAS, the City of Brooklyn Center administers the state - mandated Diseased Tree Removal program; and WHEREAS, various payment options are established by resolution for the payment of the removal costs of boulevard trees; and WHEREAS, the Director of Public Works has reviewed these options and recommends that certain changes be made. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the schedule be amended whereby a property owner only has the option of being assessed for the removal of a diseased tree if the total amount of removal costs per property, including fees, is greater than $300. The exception to this option would be for the nonpayment of an invoice that is less than $300. 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 g Council Agenda Item No. 8h Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager u� FROM: Sharon Knutson, City Clerk 7 1� DATE: April 5, 2001 SUBJECT: 1. An Ordinance Amending Chapter 1 of the City Ordinances Eliminating Dog Licenses 2. An Ordinance Amending Chapter 19 of the City Ordinances Regarding Limitations on Keeping of Animals At its April 2, 2001, work session, the City Council directed staff to prepare an ordinance amendment to eliminate dog licensing in the city of Brooklyn Center. The City Council also directed that the City Attorney review the draft amendment to Chapter 19 regarding live wild animals to ensure that the City can prohibit the wild animals listed. The City Attorney reviewed the proposed ordinance amendment and offered two minor changes to the language; however, no changes were recommended on the types of animals listed. Attached are draft ordinance amendments for City Council review and first reading. If approved for first reading, the public hearing and second reading would be held May 14, 2001, and the effective date would be June 22, 2001. Also included in the materials is the background information regarding eliminating dog licenses that was provided at the April 2, 2001, City Council work session. Attachment 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 OF BROOKLYN CENTER Notice is hereby g iven tha i the 14 day of May, at y g at a p ubl ic hearing will be held on y y, 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 1 of the City Ordinances Eliminating Dog Licenses. 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 1 OF THE CITY ORDINANCES ELIMINATING DOG LICENSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 1 -102. LICENSES REQUIRED. } Deg T inenses Ne nersnn shall e:cA 7 harbor , keen or hove G stedy of o dog ever ✓i2i mq the of one, •i,i thin the City of Br-eeklyn Center ■finless n ni irrent license for such deg has been ebtoinera as provided in this nrrainonne Ear. license shall he, volira frir the ra of the effective aerie of the deg!- :rA:higq I'Ar'Ping As stated in the, Compendium ^�rnal Rabies Varrines published by the, 99--4 ef State PubliG ue';44L Vetgrin:4ri An'; :4nd Center for Oiseose Cent of the Depa#ment of Re and 14 man Sexvisec. D3 Sections 1 -102.2 and 1 -102.3 are renumbered to Sections 1 -102.1 and 1- 102.2, respectively. Section 1 -103. LICENSE FEES. The license fee for u se, each commercial kennel license, each private kennel license, earh dW1iGate1iGGRS0, each renewal license, and each impounding penalty aa4- e ' to „an described herein shall be as set forth by City Council resolution. 1 . T ll enolt�, If a%, license required h erelln/l er is nbtoinera A'vhile the dog is im pounded by t he, City, e'r after t he, requ p eriod r.emmenom_ re ssb- be era to tl�gulorr lirease fee' tg lip-onse, pen alty as set f by Coy G ounG 1 res 9l„tinn nreviraera hew ever , that an) p Wttti - Q�b- quire a deg after t start of o license y ea , or any p ers �vra ^ vr n r`r�'ri v s, ke -ecl>$, nrs� or has G stedy of n teem of the time of hennminrr o ORDINANCE NO. • resident of the C ity, sh—all h e t2)@ 30 days to se ru;e ' l nse : i l,t ]t'l /.1lYM1ng any late lice p -2 Refunds, Prorating, and Transfers. No slog li c ense fee, ^r - commercial kennel license fee or private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferable. SOGt 1 1 V A (''GIN A TTllA1 T?T Q T�IP�EI.�. Th - - nilmnr of every deg in Br-eo G enter :,hall ed f�r rabierc. A certificate of yanniHatinn nr other statement of th vnrm�e /toil by n wi narlan sha ven�t pane fa ie nreef of the req ire 4 C vaQ ^ i ,.,-,} ieR. Section 1 -10-54. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 1 g T iGense. The, appliGa for a-dag l v liG@ns ? Ghall :ii address of the oy er of the ling and such other information as the Gitl) Clerk ui` req uire. All-applican shall b of l egal a g$. A plinonto shall p rovide a certificate ismlell by n llocter ofyet@rinarl) medicine shQWi gthat the ling has been yanninatnrl against rabies the typo of vaccine Mona and the 1eH g t h o f time t ya 1. l.lHatl off t8; 2. lssuanGe of Deg License. TTpen rere pt of the appliratlnn e the llnense foe and proof of a rabies yacciHafion _the, G43, (`lerlr sl a l issu A Me-t'u linens@ tan bearing the llkp member the name e f the City and the, year a colla or harness to ; the linens@ tag is firm. ly- affi -t vhal'! be 4—m-lawAzIA-11 for- an) per-s J )lake nr else a Gounter - felt tag 3. p lacem e nt A4-1-94 D eg Li GORS0 . i f ),deg license, tag is lest or stole the applicant may obtain a new tart by surrendering the, liners@ payment reGeipt and by paying the llharge fo a du p licate line - As i set f orth by City 41. Application for Commercial Kennel License. • -52. Application for Private Kennel License. ORDINANCE NO. Sections 1 -106 and 1 -107 are renumbered to Sections 1 -105 and 1 -106, respectively. Section 1 -107. RABIES VACCINATION REQUIRED. A person who owns, harbors, or keeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti - rabies vaccine that is currently effective. A vaccination certificate is valid only for the dog and owner to which it is issued. A person must not use a rabies vaccination certificate for a different dos than the one for which it was issued. Section 1 -108. TAGS. A person who owns, harbors, or keeps a dog over six months old within the city must securely attach an identification tag or plate to the dog's collar so that it can be readily seen. The tag or elate must contain the name and home telephone number of the owner or other person who is keepins the dog. The identification tag or plate must be worn by the dog at all times when it is off the owner's or keeper's property. Sections 1 -108 through 1 -120 are renumbered to Sections 1 -109 through 1 -121, respectively. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELATING TO DOG LICENSES WHEREAS, Brooklyn Center City Code, Section 1 -102, currently requires that dogs kept in the City be licensed; and WHEREAS, the City Council has under consideration an ordinance that would repeal the requirement that dogs be licensed; and WHEREAS, the public interest would not be served by enforcing the requirement that dogs be licensed during consideration of the ordinance and until an ordinance amendment repealing such requirement becomes effective. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that City Staff is directed not to accept applications for dog licenses and not to enforce the requirement of City Code that dogs be licensed until either (1) the City Council rescinds this directive, or (2) an ordinance repealing the requirement that dogs be licensed becomes effective. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14' day of May, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the City Ordinances regarding limitations on keeping of animals. 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 19 OF THE CITY ORDINANCES RELATING TO LIMITATIONS ON KEEPING OF ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 19 -104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 3. Horses, cows, sheep, pigs, goats, swine, mules, llamas, or other hoofed animals, chickens, ducks, geese, or other agricultural animals or domestic fowl. 4. Live wild animals, reptile, or fowl, of types that are not naturally tame or gentle but are of a wild nature or disposition that, because of their size, vicious nature, or other characteristics would constitute a danger to human life or property. Examples of such wild animals include, but are not limited to, bears, lions, tigers, jaguars, leopards, bobcat, cougars, cheetahs, lynx, ocelots, wolves, foxes, coyotes, dingoes, jackals, bison, panthers, apes, badgers, raccoons, ferrets, skunks, puma, rattle snakes, coral snakes, water moccasins, or cobras. n o t nat i v@ o "B=a ssets, except 1,^„°Pl,^l,a pets Gea ne, t^ a nacre ;r4thin a dwellinn s. r� i�n aroma t o humans ^r demestin animals innlu inn but not limited t^ welyeo hear 7 ) 7 f 56. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or fowl. ORDINANCE NO. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date . (Strikeout indicates matter to be deleted, underline indicates new matter.) Office of the City Clerk City of Brooklyn Center 0 A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 1 DATE: March 7, 2001 SUBJECT: Memorandum from Police Chief Joel Downer Regarding Suggested Ordinance Language Amendments to Eliminate Dog Licensing Attached is a memorandum from Police Chief Joel Downer with suggested language amendments to Chapter 1 of the City Ordinances. Chief Downer's recommendation is to eliminate dog licensing in Brooklyn Center. His memorandum references that the City of Minnetonka has eliminated dog licenses. I've attached a copy of the City of Minnetonka Council minutes regarding the elimination of dog licenses. I have also learned that the City of New Brighton does not license dogs either. The table below illustrates that revenue from dog licensing has decreased substantially since 1997, which may indicate that dog owners are not purchasing a license as required by ordinance. 1997 $8,872 1998 $5,909 1999 $5836 2000 $3,866 This item is for discussion by Council. If the Council would like to include the suggested language amendments to Chapter 1 of the City Ordinances as suggested by Chief Downer, staff could incorporate the amendments into the draft ordinance amendment regarding private kennels. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 Y (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 aKLYN CEO BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Police DATE: March 8, 2001 SUBJECT: Review of Chapter 1 - Animal Ordinance Dr. Robert K. Anderson, D.V.M., Professor Emeritus of the University of Minnesota, School of Veterinary Medicine was consulted regarding changes in the City of Brooklyn Center Animal Ordinances. Dr. Anderson was the City veterinarian in Denver, Colorado during a rabies outbreak in 1949 and 1950. He has also served as the director of the animal behavioral clinic at the University of Minnesota, was a professor in the College of Veterinary Medicine and is board certified by the American College of Veterinary Behaviorists. Dr. Anderson estimates that a suburb of the size and demographics of Brooklyn Center has an estimated 3,000 dogs within the city. Dr. Anderson's formula factors in single family dwellings, duplexes, and apartment buildings. He estimates one dog for every person residing in single family dwellings. Factoring in the size of yards in Brooklyn Center and the economic times have driven dog ownership estimates higher. Dr. Anderson supports abolishing dog licensing in favor of dog owner education. Dr. Anderson believes that owners should be certified before obtaining a pet. Of the estimated 3,000 dogs in the city of Brooklyn Center, 225 were licensed in 1999 and 216 were licensed in the year 2000. An estimated 90% of impounded dogs are unlicensed. Dog owners recovering their dogs must purchase a license as well as pay an impound fee of $25 plus $12 per day for kenneling. The first day of kenneling is at no charge. Dr. Anderson recommends that dogs be identified through an imbedded computer chip or tattoo. Most dogs recovered in the city of Brooklyn Center are identified by their rabies tag which was issued by a veterinarian. The Brooklyn Center Police Department impounded animals in 91 cases in 1999, 34 cases in the year 2000 and 5 cases in 2001. In several cases, multiple dogs were impounded. A combination of public education regarding the importance of rabies vaccinations, good • citizenship for owners of dogs, and enforcement of dogs at large and dogs disturbing will result in more effective animal control. The cities of Minnetonka and New Brighton currently do not issue dog licenses. JD:kh Brooklyn Center Police Department Impounded Animals 1999 2000 Dogs - Unspecified Breed 35 ' 15 Bassett 1 0 Beagle 2 0 Boxer 1 1 Bulldog 1 0 Cockerspaniel 2 0 Collie 1 0 Dachshund 0 1 Doberman 1 0 German Shepherd 1 3 German Short Hair 1 1 Golden Retriever 1 0 Husky 0 3 Labrador Retriever 18 3 Malamute 3 0 Pit Bull 2 1 Poodle 1 3 Pug 2 0 Rottweiler 1 3 Sheltie 3 0 Springer 1 2 • TOTAL Dogs Impounded 78 36 Dogs With Tags 13 0 Type of Tag: Brooklyn Center License 4 No Minneapolis License 2 Identifiable Veterinary Tags 5 Tags ID Tags 2 * ** Cats Impounded 32 43 I Wildlife Impounded 11 10 Crow 0 1 Duck 4 2 Pheasant 0 1 Pigeon 1 0 Rabbit 3 3 Raccoon 3 1 Squirrel 0 1 Turtle 0 1 ** Wildlife is transported and released to nature in the nearest wildlife area. Of the dogs impounded, less than 50% are claimed. The remainder are either sent to the Humane Society or euthanized. 90% of owners claiming their dogs are unable to produce proof of rabies vaccination. All dogs must be vaccinated against rabies and licensed before they are released from impound. BR DPOLICE BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Polic DATE: February 27, 2001 SUBJECT: Brooklyn Center Ordinance Chapter 1 - Animals I propose the following changes to Chapter 1. Section 1 -101 / Definitions Eliminate paragraph 8. ® Section 1 -102 / Dog Licenses Paragraph 1 - Eliminate dog licensing in the city of Brooklyn Center. Few dog owners in the city of Brooklyn Center purchase a license as required by this section. Other sections regarding the conduct of the animal and the owner seem to be a more effective means of animal control. The City of Minnetonka does not require dogs to be licensed and has not had a significant problem with animal control. Paragraph 2 - Change to paragraph 1. Paragraph 3 - Eliminate. Section 1 -103 / License Fees The license fee for each commercial kennel license, each duplicate license, each renewal license, each impounding penalty and the late penalty described herein shall be set forth by City Council Resolution. Eliminate paragraph 1. Change paragraph 2 to paragraph 1. . Refunds prorating and transfers - no commercial kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be transferable. Memorandum Page 2 Section 1 -105 / Application Procedures and Issuance of licenses, Eliminate paragraphs 1, 2, 3, and 5. Section 1 -106 Eliminate this section. Additional Section - Rabies Vaccination Required Paragraph 1 A person who owns, harbors or keeps a dog over six months old within the city must have the dog vaccinated by a licensed veterinarian with an anti - rabies vaccine that is currently effective. Paragraph 2 A vaccination certificate is valid only for the dog and owner to which it is issued. A person must not use a rabies vaccination certificate for a different dog than the one for which it was issued. S Additional Section - Ta s A person who owns, harbors or keeps a dog over six months old within the city must securely attach an identification tag or plate to the dog's collar so that it can be readily seen. The tag or plate must contain the name and home telephone number of the owner or other person who is keeping the dog. The identification tag or plate must be worn by the dog at all times when it is off the owner or keeper's property. JD:kh anor&.mem American Legal Publishing http : / /209.48.87.250 /minnetonka mn...ument- frame.htm &q= dog &x = Simple &2.0 12. INTRODUCTION OF ORDINANCES: A.INTRODUCTION OF AN ORDINANCE ELIMINATING DOG LICENSES. "City Attorney Desyl Peterson introduced this item. She noted that police staff estimate that there are approximately 14,750 dogs in Minnetonka, but only 2,000 dogs are licensed. The police staff felt that this indicates that the dog licensing program is not serving the citizens well. One of the intended goals of licensing was to provide a way to identify stray dogs so that they could be returned to their owners. Staff recommended that licenses be eliminated, and that the ordinance instead require that dogs wear an identification tag which would give the owner's name and phone number. Peterson said that another city eliminated licenses and requires that dogs wear their vaccination tags. The Minnetonka Police staff recommended identification tags instead because the vaccination tag would not provide information about the owner, and that information could only be obtained from the veterinary hospital that administered the vaccination. She noted that such hospitals are often not open on weekends or evenings which delays the return of animals to their owners. 'Anderson noted that staff was recommending significant community education if this ordinance is adopted. Peterson said that the Police staff is anticipating quite a bit of publicity through the Minnetonka Memo and the 2001 Summer Festival. She said that tags are available at most pet food stores. Schneider supported the concept and said that it was long overdue. He suggested using utility bill inserts to publicize the program, and asked if a coupon could be offered to increase participation. Peterson said that the Humane Society offers a tag program, and that it might be appropriate to include that information in the utility bill notice. Callison asked if this measure would cause a loss in revenue from the licensing fees. Rikala said that licenses are currently $14 and are good for two years. This generates about $14,000 in revenue, but the revenue is offset by the staff time involved in the paperwork and postage. Anderson asked about penalty provisions. Tauer suggested requiring both a vaccination tag and an identification tag. Rikala said that staff could explore those options. Thomas asked about the number of dogs impounded each year. Rikala said that about 200 dogs were impounded during the last year, and that about 11 were not claimed. Peterson responded to Anderson's question about penalties, stating that the proposed ordinance requires tags so violations could be referred to City Court. She also noted that the Police staff makes a concerted effort to place unclaimed animals in homes. Thomas suggested that staff explore alternatives to tags, such as tattoos and micro - chips. Rikala said that tattoos are not placed in standard locations so they would not be acceptable, but imbedded micro -chips might be an option. Thomas suggested that the ordinance specifically address whether or not these methods are allowed. Anderson asked for council feedback on the issue of requiring a vaccination tag, or an identification tag, or both. Schneider said that he has two small clogs and would not like to have them wear two tags each because of the noise. S Koblick agreed with ordinance recommendation and a one identification tag requirement. Thomas said that jingling tags can be desirable for sporting d €►gs. He also noted that sporting dogs wear I of 2 03/01/20012:16 PM American Legal Publishing http:/ /209.48.87.250 /minnetonka mn...ument- frame.htm &q= dog &x = Simple &2.0 wider collars which can accommodate a nameplate, and asked that nameplates be addressed in the ordinance. i Callison supported one tag and the ordinance. Allendorf supported the ordinance change and requiring only one tag. Schneider moved, Thomas seconded a motion to introduce an ordinance amending Minnetonka city code sections 925 and 710 regarding licensing of dogs. All voted `aye'. Motion carried. s s 2 of 2 03/01/20012:16 PM