Loading...
HomeMy WebLinkAbout2001 04-23 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION April 23, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. New Council Member Orientation 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Lasman, Nelson, and Peppe From: Michael J. McCauley City Manager Date: April 18, 2001 Re: New Council Member Orientation The new council member orientation is scheduled for May 7` at 6:00 p.m., just prior to the Board of Equalization meeting. It will continue after the Board of Equalization meeting. The materials suggested by the Council have been provided by Carl Neu: Westwood Video and the attached discussion sheets. The areas to be covered in the session are: City Council Members: - goals - goal setting in August - how the City Council works together as a group - how the City Council, under the Charter, works through the City Manager and not through other staff members City Manager: - open meeting law - data practices - miscellaneous Other Materials to be provided to the new Council Member: - Budget - Comprehensive Annual Financial Report - Comprehensive Plan - Commission lists and duties - Resolution on Invocation - City Council Goals 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 WESTWOOD "Situations" presented to Council by the City Managerbefore Council discussion begins (1st episode on video - entitled "The Crisis Meeting ".) 1. Reserves depleted by 50% (3 months into budget year) due to bus accident.. 2. Sales tax revenues down by $500,000 (1st quarter) compared to projections. 3. Community Center burns. $500,000 needed above insurance proceeds to repair; $7,500,000 to build new one. 4. Wastewater EPA violation: • $1000 /day fine • $8,000,000 to upgrade processing plant. 1 THE PLAYERS (Crisis Meeting) City Manager Mayor City Ed Carter Major Benson Attorney I Council- Council - member member LACEY MASTERS Council- Council - member member DEWEY WRIGHT Council- Council - member member SPIERS MORENO 9 CASE STUDY 1. Rating of Council Performance as a Leadership/Decision- Making Body. Circle one: 1 2 3 4 5 (Poor) (Excellent) Reason(s) for the choice you made: 2. What factors and behaviors enhanced the Council's effectiveness? 3. What factors and behaviors blocked/reduced Council's effectiveness? 4. What do you predict the future to be for this Council and the community it "governs ?" 5. Other observations you may have. I Stuart and Denise Mueller 1601 70 Avenue North Brooklyn Center, MN 55430 April 20 2001 City Council City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Council Members: We regret that we will be unable to attend the Council meeting on Monday, April 23, 2001 for the first reading of the new ordinance pertaining to kennel licenses and the new limit on the number of animals allowed, as we will be out of town. This letter is being sent in lieu of our attendance. We will attend the second reading of the ordinance. First, and foremost, thank you amending the language of the ordinance to allow the current kennel license holders to renew their licenses yearly for the lives of their current animals, provided that there are no complaints from the neighborhood. This is a huge relief for us, as well as for the other license holders that may be affected. Please be assured that we will continue to take measures to ensure our animals do not create a nuisance to our neighbors. However, we wish to express our disappointment that the city has decided to eliminate the kennel license option and reduce the number of animals citizens are allowed to keep on their property to a total of four. It was also disconcerting to see the portion of the new ordinance referring to the four animal limit posted in the May /June 2001 issue of City Watch before both the first reading and the public hearing on the issue. Nothing in the newsletter indicated that this ordinance is pending and has not been passed yet. The four animal limit does not seem unreasonable under normal circumstances. However, have you considered how this will affect those citizens that currently have two dogs and three cats and are in full compliance the current ordinances pertaining to pets? In June, anyone in this situation will suddenly be out of compliance with the city ordinance, and since the kennel license option will have been eliminated also, there will be no relief the council can offer those citizens. Although the four animal combo limit does not affect us, it seems unfair to those who will be affected. Secondly, we wish to express our confusion over the reason the council believes it necessary to eliminate the kennel license option. It is our understanding that some council members have been receiving more complaints about barking animals, but discussion at the work ou meeting on April 2 indicated that th �' p g p e complaints have not i been about the households with kennel licenses. In fact, we believe quite the opposite is true. Those of us who have gone through the effort to apply for the license, and have been required to address the City Council in order to obtain it, have been diligent in ensuring that our animals do not create a problem for our neighbors. We can tell you from our own experience, that although we have never routinely allowed our dogs to bark outside for indefinite periods, we are far more aware of the need to control their barking now that we have three. We do wish that the city council would reconsider their stand on this portion of the new ordinance. If you have not been receiving complaints about the kennel license holders, why not continue to grant them on a case by case basis? Keeping the kennel license option would also give you the ability to grant licenses to those people who currently are in compliance with the ordinance, but won't be after the four animal limit goes into effect. Again, thank you for your consideration of our concerns. We really do appreciate the change in the language of the ordinance that will allow the current kennel license holders to keep their current pets for the remainder of their natural lives. A N, Z" Ct~� Denise Mueller Nancy A. Ehlert 4406 66` Ave. No. Brooklyn Center, MN 55429 April 19, 2001 Mayor Myrna Kragness City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Kragness: This letter is in response to an article in this week's SunPost regarding changing the animal regulations and asking that concerns be sent to you. The proposed changes to the City's animal regulations should not pass — all dogs should be licensed and kept to a minimum. It is very easy to take the approach that most people will do the responsible thing and could handle these changes with no impact or consequences to others. However, I am proof that the opposite is true. I am a walker and have on numerous occasions have been charged at and jumped on by dogs allowed to run loose in this neighborhood. I have gone to carrying a dog - whistle but it is very little protection against aggressive dogs allowed to run loose. Also, I have been trying unsuccessfully for the past year to get help with my neighbors and their dogs. They got two dogs in December of 2000. Since then, we have had to deal with piles of dog doo in our yard -- front, back and especially the shared driveway area. My kids could not run around outside without first cleaning up after these dogs. I had to replace over 12 areas of grass damaged by their dogs. ( I had a lawn service company look at the damage and they estimated the cost at $300). We also had to deal with the stench because our neighbors didn't clean up after the dogs. I contacted the Police Dept. twice and was told something would be done — however, on both occasions I was told that unless the Police saw the act themselves (or in the last case, I could submit positive visual proof that their dogs made the piles we were complaining about), they would do nothing. Despite photographs that indicated the dogs were loose, in my yard, etc., I was told that unless I could supply a "graphic" photo, they wouldn't even consider the matter and that if I continued to seek relief by calling on the loose dogs, they would cite ME as being a nuisance! The police officer who handled my last case wouldn't even talk with the neighbors who lived on the other side of me and were also tired of cleaning up this neighbor's dogs' doo. It was much easier to write it off as my word against theirs. Since the Police take such a dim view of this ordinance, if you allow for more than two dogs or the non - licensing of dogs, you can bet these would be the people who would get more dogs and cause further problems. And yes, the dogs are still allowed to run loose! There are people who take care of their pets, but there are those who don't — it's not the law - abiding people we need these ordinances for — it's for neighbors like mine who don't care that there is a law or that they have any responsibility for their pets. It is sad that we should even need laws to force them to do the right thing! I hope you will consider ALL the citizens before passing this new law. Sincerely, Nancy Ehlert ** REVISED ** • CITY COUNCIL MEETING City of Brooklyn Center April 23, 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. Flag Ceremony -Troop 403 3. Call to Order Regular Business Meeting • 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. April 9, 2001 - Study Session 2. April 9, 2001 - Regular Session b. Licenses s CITY COUNCIL AGENDA -2- April 23, 2001 7. Public Hearings a. An Ordinance Amending Chapter 23 of the Brooklyn Center Ordinances Relating to Courtesy Benches in the Right of Way • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Vacating June Avenue from 69 to 70 Avenues for Street Purposes • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. S 8. Planning Commission Items a. Planning Commission Application No. 2001 -007 Submitted by Anoka- Hennepin ISD #11. Request for Site and Building Plan and Special Use Permit Approval for a Media Center Addition to Evergreen Park Elementary School, 7020 Dupont Avenue North. The Planning Commission recommended approval of this application at its April 12, 2001, meeting. -Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -007 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 2001 -008 Submitted by Erin T. Cunningham and Jeffrey Sackmaster. Request for Special Use Permit Approval to Conduct a Home Occupation at 2406 Ericon Drive. The Planning Commission recommended approval of this application at its April 12, 2001 meeting. *Requested Council Action: - Motion to adopt Planning Commission ApplicationNo. 2001 -008 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Proclamation Declaring May 20 Through 26, 2001, as Save a Life Week • Requested Council Action: - Motion to adopt proclamation. . CITY COUNCIL AGENDA -3- April 23, 2001 b. Resolution Declaring Surplus Property Authorized for Public Sale at City Auction • Requested Council Action: - Motion to adopt resolution. C. Resolution Declaring Adequacy of Petition and Ordering Preparation of Report for Improvements to Willow Lane *Requested Council Action: - Motion to adopt resolution. d. Hennepin County Mutual Aid Pact - Resolution Adopting the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment of July 1, 2001 • Requested Council Action: - Motion to adopt resolution. e. Revisions to Animal Ordinances -An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitations on Animals -An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals -Requested Council Action: Motion to approve first readings and set second readings and public hearings for May 29, 2001. f. Staff Report Re: Twin Lake Park Improvements • Requested Council Action: -None, report only. g. Report on City Council 2001 Goals • Requested Council Action: -None, report only. h. Resolution Amending Resolution No. 2000 -227 Setting Salaries and Benefits for the Calendar Year 2001 *Requested Council Action: - Motion to adopt resolution. 10. 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 APRIL 9, 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 agenda item 9h, Revisions to Animal Regulations. Councilmember Lasman indicated that she would like nuisance issues addressed and suggested that the consequences be stiffer to help the issue. City Manager Michael McCauley informed the Council that the ordinances on the agenda this evening were to eliminate dog licenses in Chapter 1 and identify wild animals in Chapter 19. The amendments regarding private kennel licenses and the keeping of animals are not on the agenda this evening since there are several issues that the Council will have to address. The City Attorney will draft the proposed amendments relating to private kennel licenses and the keeping of animals and the proposed ordinance amendments will be before the Council again at later date. Mr. McCauley suggested that the Council report that the Council discussed the issue of private kennel licenses and the keeping of animals and that if anyone wishes to comment on the issue, the City Council will take public input from residents regarding the animal ordinance at a future meeting. POND DEDICATION CEREMONY: REQUEST FOR POSTPONEMENT Mr. McCauley requested that the Pond Dedication Ceremony scheduled for April 20, 2001, be postponed due to Mr. Lindquist's unavailability. It was the consensus of the Council to postpone the Pond Dedication Ceremony. 04/09/01 -1- DRAFT I I MISCELLANEOUS Council discussed possible bench styles for the use of courtesy benches in the City, census information, the American Legion Post 630, DARE ceremonies, Willow Lane improvements, and flood potential. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the study session at 6:44 p.m. City Clerk Mayor 04/09/01 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL S OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 9, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from its study session into informal open forum at 6:44 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, Attorney Daniel Greensweig, and Deputy City Clerk Maria Rosenbaum. Sabrina Williams, Director and Founder of Excell Academy, addressed the Council to request an ordinance amendment to allow Excell Academy to place a Charter School at the old Office Depot building. Ms. Williams discussed the concerns that have been raised regarding the site, the potential for employment, and the focus of educating low income and minorities in the City of Brooklyn Center. Kathy Campbell, 4806 Howe Lane, and Judy Thorbus, 6265 Brooklyn Boulevard, addressed the Council to request an update on the Metropolitan Council's request regarding housing in the City of Brooklyn Center. Mayor Kragness discussed that the City Council had not made any decisions and that they will continue to discuss the issue and keep residents informed. Ms. Thorbus asked about the transit hub. Mayor Kragness informed Ms. Thorubs that no action had been taken on the issue and that there will be a Smart Growth community meeting on July 11, 2001, that will include an opportunity to consider transit issues. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. ® 04/09/01 -1- DRAFT I 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. 4. 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, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, Attorney Daniel Greensweig, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Nelson reported that the two companies that were considered to provide service for the Northwest Suburbs Cable Communications were no longer being considered and that the City of Brooklyn Center at the present time had only one cable provider. He also reported that he attended the Prevention Forum on March 27, 2001, and the CES Breakfast on March 28, 2001. • Councilmember Lasman asked that Brooklyn Center residents drive cautious since students are on spring break. She also reminded residents that the 11"' Annual Police and Citizens Awards Ceremony would be held on April 18, 2001. Mayor Kragness stated that the Riverwood Neighborhood Association wanted to make a presentation to the City Council and allowed them to do so. Jerry Blamey, 7136 Willow Lane North, addressed the Council to support the proposed detached townhome development. Tom Zenanko, 6512 Willow Lane North, addressed the Council to present a petition from surrounding neighbors supporting their request. The petition was presented to the Deputy City Clerk. Sy Knapp, Riverwood Neighborhood Association Chair, addressed the Council to present a letter to the Council and discuss the need for the improvements to Willow Lane. Mayor Kragness thanked the Riverwood Neighborhood Association representatives and informed them that staff will review their request and report to the Council. 04/09/01 -2- DRAFT ' I Mayor Kragness reported that she received a phone call from Phil Cohen, a former City Mayor, to bring her attention to an article in the St. Paul paper regarding a resident in Brooklyn Center who had helped a visitor to the community. Mayor Kragness shared the article with the Council. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the March 26, 2001, study and regular sessions, and the April 2, 2001, work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. 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 Construction Company 4175 Lovell Road, Lexington Nordquist Sign Company, Inc. 312 West Lake Street, Minneapolis Signart Company 2170 Dodd Road, Mendota Heights 6c. 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 04/09/01 -3- DRAFT RESOLUTION N0.2001 -47 Councilmember Nelson introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6d. RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15126, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, TO PROVIDE FOR THE CHARGES TO PARCEL ID NO. 36-119-21-42-0020 RESOLUTION NO. 2001-48 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 15126, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, TO PROVIDE FOR THE CHARGES TO PARCEL ID NO. 36-119-21-42-0020 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. PLANNING COMMISION ITEMS 7a. 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) 04/09/01 -4- DRAFT 7b. 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 Planning and Zoning Specialist Ron Warren outlined Planning Commission Application Nos. 2001- 005 and 2001 -006 submitted by Eagle Crest Northwest. Planning Commission Application No. 2001 -005 requested 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. Planning Commission Application No. 2001 -006 requested for preliminary plat approval to subdivide 5.25 acres of land located at the southwest quadrant of T.H. 252 and 66''' Avenue North into 21 single - family detached townhome lots with necessary right of way. Mr. Warren indicated to the Council that there was a resolution included in the materials for consideration that would approve Planning Commission Application No. 2001 -005. If the Council were to approve the resolution, an ordinance amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land (Riverwood Estates) would need to be considered also. Mr. Warren stated that the Planning Commission recommended approval of Planning Commission No. 2001 -005 by resolution 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 3 5 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. 04/09/01 -5- DRAFT 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. Also included for consideration of approval for Application No. 2001 -005 is the following pp pp g 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 r ' s g y provide adequate erosion control as approved b the City's q PP Y tY 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. 9. The storm drainage plan shall be revised in accordance with the recommendations of the City Engineer prior to the issuance of building permits. 04/09/01 -6- DRAFT 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. RESOLUTION NO. 2001-49 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-005 SUBMITTED BY EAGLE CREST NORTHWEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Peppe, seconded by Councilmember Lasman to approve first reading of an ordinance to amend Chapter 35 of the City Ordinances regarding the zoning classification of certain land (Riverwood Estates), and set second reading and public hearing for May 14, 2001. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2001 -006 subject the following conditions: 1. Final lat is subject to the review and approval of the City Engineer. p J PP tY g 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 No. 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. Motion passed unanimously. S. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID FISHER 04/09/01 -7- DRAFT Councilmember Lasman read the resolution expressing recognition of and appreciation for the dedicated public service of David Fisher. RESOLUTION NO. 2001 -50 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF DAVID FISHER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS PARADE AND SUNDAY IN THE PARK ACTIVITIES Councilmember Peppe read the resolution expressing appreciation for the donation of $5,000 to be used to support the Annual Earle Brown Days parade, and $2,000 to be used to support the Annual Sunday in Central Park activities. RESOLUTION NO. 2001-51 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS PARADE AND SUNDAY IN THE PARK ACTIVITIES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Sc. PROCLAMATION DECLARING APRIL 8 THROUGH 14, 2001, NATIONAL PUBLIC SAFETY TELECOMMUNIATIONS WEEK Councilmember Nelson read the proclamation declaring April 8 through 14, 2001, National Public Safety Telecommunications Week. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt proclamation declaring April 8 through 14, 2001, National Public Safety Telecommunications Week. Motion passed unanimously. 04/09/01 -8- DRAFT 8d. PROCLAMATION DECLARING APRIL 15 THROUGH 22, 2001, AS DAYS • OF REMEMBRANCE Mayor Kragness read the proclamation declaring April 15 through 22, 2001, as Days of Remembrance. A motion b Councilmember ber Lasman, seconded by Councilmember Nelson to adopt proclamation declaring April 15 through 22, 2001, as Days of Remembrance. Motion passed unanimously. 8e. PROCLAMATION DECLARING MAY 5, 2001, TO BE A DAY OF SPIRITUAL REDEDICAITON AND PRAYER IN BROOKLYN CENTER Councilmember Nelson read the proclamation declaring May 5, 2001, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center. A motion by Councilmember Lasman, seconded by Councilmember Peppe to adopt proclamation declaring May 5, 2001, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center. Motion passed unanimously. 8f. 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 IMPROVMENTS Mr. McCauley discussed that bids were received and opened on April 4, 2001, and of the seven bids received, Arcon Construction, Inc. submitted the lowest bid of $2,996,354.16. 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. RESOLUTION NO. 2001-52 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, CONTRACT 2001 -A, GARDEN CITYNORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. . 04/09/01 -9- DRAFT 8g. 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 Mayor Kragness discussed she attended an awards ceremony and received the award recognizing Brooklyn Center as a Tree City USA. This is the ninth year that Brooklyn Center has strived for and achieved designation of a Tree City USA by the National Arbor Day Foundation. RESOLUTION NO. 2001-53 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt proclamation declaring April 27, 2001, Arbor Day and May 2001 Arbor Month in Brooklyn Center. Motion passed unanimously. RESOLUTION NO. 2001-54 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE OF DISEASED TREE PROGRAM FEES The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Lasman. Motion passed unanimously. 8h. 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 O N KEEPING OF ANIMALS ITA 04/09/01 -10- DRAFT • Mr. McCauley discussed that the City Council previously discussed revisions to animal regulations. t The City Attorney reviewed the proposed ordinance amendments requested by the City Council and the following ordinance amendments are before the Council for consideration. At this time the private kennel license issue is not being considered. There are several issues that need to be addressed and the City Council wants to have an opportunity to take public input regarding animal regulations. Mr. McCauley reviewed the resolution that would set a moratorium on dog licenses. This resolution would direct staff not to accept applications for dog licenses and not to enforce the requirement of City Code that dogs be licensed until either one; the City Council rescinds this directive, or two; an ordinance repealing the requirement that dogs be licensed becomes effective. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first readings for Chapter 1 eliminating dog licenses and Chapter 19 regarding limitations on keeping of animals and set second readings and public hearings for May 14, 2001. Motion passed unanimously. RESOLUTION NO. 2001-55 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RELATING TO DOG LICENSES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 8:00 p.m. Motion passed unanimously. City Clerk Mayor 04/09/01 -11- DRAFT I� I City Council Agenda Item No. 6b i City of Brooklyn Center A Millennium Community i TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk An DATE: April 18, 2001 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 23, 2001. MECHANICAL, Air Corporation 13821 Industrial Park Boulevard, Plymouth Brooklyn Air Heating and A/C 8862 Zealand Avenue North, Brooklyn Park Commercial Plumbing and Heating 24428 Greenway Avenue, Forest Lake Facilitech 7206 Washington Avenue S., Eden Prairie LBP Mechanical Inc. 315 Royalston Avenue North, Minneapolis Total Heating and A/C 6960 Madison Avenue West, Golden Valley MOTOR VEHICLE DEALERSHIP Brookdale Metro Mitsubishi 7235 Brooklyn Boulevard Brookdale Motors, Inc. 6121 Brooklyn Boulevard R.L. Brookdale Motors 6801 Brooklyn Boulevard RENTAL Renewal: 1807 70th Avenue North Marya Hage 5300 70th Circle North Myrna Hubert 4200 Lakebreeze Avenue North Mark Anderson 4714 Lakeview Avenue North Gary Scherber 7230 West River Road Michael Cederberg Initial: 4213 62ND Avenue North Xeng Yang 5500 Bryant Avenue North Nedzad Ceric 6719 Quail Avenue North Estate of Stephen Sandberg 5209 Xerxes Avenue North Hongru Shen 5211 Xerxes Avenue North Hongru Shen SIGN HANGER Advanced Awning Design 1600 29th Street, Cloquet Express Sign 13321 Killdeer Street Northwest, Andover Install This Awning and Sign 5345 4th Street TOBACCO RELATED PRODUCT Tobacco Deals, Inc. .. 6300 Brooklyn Boulevard 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. 7a MEMORANDUM DATE: April 18, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: An Ordinance Amending Chapter 23 Of The Ordinances Relating To Courtesy Benches On The Public Right Of Way This proposed amendment to Chapter 23 of the Ordinances relating to courtesy benches updates and refines the ordinance. Courtesy benches are the privately -owned benches, usually located at bus stops, which contain advertising. Courtesy benches continue to proliferate in Brooklyn Center, and their owners are of varying degrees of attention to maintenance. Looking forward to the Brooklyn Boulevard improvements, we also do not have a mechanism in the ordinance to limit placement of benches in streetscaping areas where we may have just spent millions of dollars enhancing the aesthetics of the area. Our main concern is threefold: 1) To assure that these benches do not become a maintenance problem; 2) That these profit- making benches located in the public right of way are located where they are actually providing a service to the public; and 3) That the location, advertising matter, maintenance, etc. do not become an undue burden on the adjacent property owners. To update this ordinance, I have reviewed the codes of several cities. Several cities, including Plymouth and Shoreview, have eliminated courtesy benches entirely. Other cities have restricted locations, while others place few barriers to placement of benches. Some of the proposed amendments were based on New Brighton's code, and some of the amendments are small changes that will assist in administering the code or make it consistent with our right of way ordinance and our construction standards. This ordinance amendment has been provided to the two companies which currently license bus benches in Brooklyn Center. Because so many of the amendments were changes of words or phrases here or there, for simplicity's sake this ordinance existing repeals the i di and replaces it with the sections here. Much of the p stn g or nan e c p original wording remains. I have attached both the old and the proposed new ordinance for comparison. This ordinance also provides that the Council may be resolution establish districts, zones, or locations where private courtesy benches would not be allowed. Staff recommends two districts at this time: Brooklyn Boulevard from 65th Avenue to the north City limits, including cross streets (for example, on 65 Avenue at Brooklyn Boulevard); and the Earle Brown Farm commercial area: Shingle Creek Parkway from I -694 south to CR 10, and Earle Brown, Summit, and John Martin Drives in their entirety. We have also learned that Metro Transit will be completing its ridership and bus stop usage analysis for this area later this summer. We will have the latest usage data to use in evaluating potential • bench use in time to evaluate courtesy bench locations for 2002. Here are the changes to the existing ordinance: Section 23 -901. Added a definition of a courtesy bench. Section 23 -902. Amended the ordinance to provide for a permit rather than a license. The distinction is that a permit merely indicates the bench, its placement, and its advertising meet the requirements of the ordinance, but a license might imply that the bench, its location, and its advertising are endorsed by the City. Section 23 -903. Most of the section is similar to the current ordinance. There are some important differences. Subsection (b) was added to assure that courtesy benches would only be located at bus stops. There currently is no regulation on location other than as implied by the need for the location to be approved by the City Engineer. Subsection (c) was amended to require that adjacent property owner approval be obtained for all proposed locations. The current ordinance only requires consent when the bench is adjacent to residential or multifamily zoned property. Extending the consent to other types of property provides all property owners with the opportunity to comment on the desirability of this type of facility and the potential impact on maintenance of their properties. Subsection (f) was amended to provide that renewal of a permit is not automatic, and that usage of the bench will be one factor reviewed in considering permit renewal. Section 23 -904. One important amendment was added here: prohibition of courtesy benches in any locations, zones, or districts as established by the City Council. There currently is no formal prohibition on locating bus benches in locations such as the Earle Brown Farm commercial area with its extensive landscaped nodes, or in the future on Brooklyn Boulevard after the City and County complete the $10 million project to upgrade and beautify the segment between 65 and the north City limits or in the Brookdale area after extensive private and public upgrades are made. This provision would allow the Council to establish by resolution any locations where these private benches with advertising are not allowed for aesthetic reasons. Section 23 -906. Subsection (a) was amended to change the minimum curb setback from 18 inches to 30 inches. Subsection (d) was added to provide that benches be installed on a concrete slab, which would improve appearance and ease maintenance. Also, this subsection formally prohibits the placement on or encroachment onto sidewalks or trails. Subsection (e) was amended to provide that the areas around the bench should be kept weed free and directing that graffiti be removed immediately. Section 23 -907. Subsection (a) was amended to add tobacco products to the list of the types of advertising that is prohibited, and to remove the prohibition on legal advertising. The prohibition on political advertising remains. Section 23 -909. The insurance requirements language has been updated to be in compliance with current city and statutory requirements, and the language on bonding to assure removals was added. I BENCHES ON PUBLIC WALKS AND WAYS Section 23 -901. LICENSE REQUIREMENTS. Any person, firm or corporation desiring to place and maintain one or more courtesy benches for the convenience of persons waiting for street cars and buses at anyplace in the City of Brooklyn Center, upon the public streets of the City, maybe granted a license therefore upon the following conditions: a. The person, firm or corporation desiring such license, or licenses, shall make written application to the City Clerk showing the requested location and detailed plans and specifications of each proposed bench, the name and address of the applicant, and such other information as may be required in an application form to be prepared by the City Clerk, City Engineer and City Attorney. b. The consent of the abutting property owners or lessees shall be required only where the proposed location of a bench is in an area where the abutting property is zoned residential or multiple dwelling; in such cases each application shall be accompanied by a writing in such form as the City Attorney shall require, signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving such owners or lessees consent to the installation and maintenance of such bench at the proposed location. The applicant shall furnish therewith such evidence of ownership or lease as shall be required by the City Attorney. c. Each application shall be accompanied by an inspection fee, as set forth by City Council resolution, payable to the City of Brooklyn Center for each such bench. d. If the application be granted, an additional license fee as set forth by City Council resolution, shall be paid to the City of Brooklyn Center for each bench at the time the license is issued. e. All licenses shall expire as of the 1 st day of January next following the date of issuance thereof, unless renewed. At least thirty (30) days prior to the expiration of any license, the holder may make written application for renewal thereof, accompanied by the license fee in an amount as set forth by City Council resolution. If plans and specifications of the bench, or advertising matter, or location of the bench, are not to be changed, the application for renewal shall be sufficient if the applicant gives his name and address, and the location and number of the bench for which renewal license is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located anted to the license holder the continuing right to gr g maintain such bench, the application may so state, and renewed consent shall not be required. f. Whenever a bench for which a license has been issued is sold or title or control thereof transferred or assigned, a new license shall be required and obtained for its maintenance. g. If the application is for licenses for more than one bench at the same or different locations, City of Brooklyn Center 23 -28 City Ordinance a separate number and license shall, when issued, be assigned and granted for each bench authorized to be installed, but each such license issued shall be valid only for the particular location designated therein. Section 23 -902. NO LICENSE ISSUED FOR INSTALLATION. No license shall be issued for the installation or maintenance of any such bench: a. without the approval of the City Engineer; b. in any alley; c. at any location where the distance from the face of the curb to the inside sidewalk line is less than eight (8) feet; d. at any location more than fifty (50) feet from the nearest point of intersection with a street, unless the City Engineer shall direct change of location. Section 23 -903. REVOCATION. a. The application for maintenance of any bench shall be denied if the City Engineer shall find that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way or to create a hazard, or otherwise to be detrimental to the public safety, convenience or welfare. b. Any license may be revoked, or the application for renewal thereof denied, for failure to comply with the provisions of this ordinance, or for misrepresentation of any material facts in the application, or for any reason which would have been ground for denial of the original application, or where in the judgment of the City Council or the City Engineer, maintenance has become inappropriate. No revocation or denial shall be made arbitrarily or inequitably as between different applicants. c. If the owner, or lessee, shall by writing filed with the City Engineer on or before the first day of April preceding the expiration of any license, withdraw his consent to the renewal thereof after such expiration, the City Engineer shall promptly notify the licensee of the filing of such writing and shall deny the renewal of such license unless and until such owner, or person in possession or control, shall in writing consent to such renewal license being issued. Section 23 -904. LOCATION AND MAINTENANCE. a. When a license is issued, each such courtesy bench shall be installed parallel with the curb and set back not less than eighteen (18) inches from the face of the curb. b. No bench shall be more than forty -two (42) inches high nor more than thirty (30) inches wide or seven (7) feet long overall. c. Each bench shall have displayed thereon, in a conspicuous place, the license number. City of Brooklyn Center 23 -29 City Ordinance d. It shall be the duty of the licensee to maintain each bench at all times in a safe condition at it periodically in order that it may be properly s proper location and to inspect each bench p y y p p y maintained. Benches shall be kept at all times in a neat, clean and usable condition. Ice and snow shall be removed from the benches and the vicinity thereof in such a manner that each bench shall be accessible at all times. The licensee shall move benches immediately upon request of the City should temporary removal be made necessary by construction or repair work in the vicinity of the bench. Section 23 -905. ADVERTISEMENT ON BENCH. a. No advertising matter or sign shall be displayed upon any bench except only upon the front and rear surfaces of the backrest. No liquor, beer, or obscene, immoral or indecent advertising, or legal or political advertising of any character, shall be permitted, and all advertising shall be subject to the approval of the City Council. b. No advertising matter or sign on any bench shall display the words "STOP ", "LOOK ", "DRIVE IN ", "DANGER ", or any other word, phrase or symbol which might interfere with, mislead or distract traffic. Section 23 -906. REMOVAL OF BENCH. a. Upon the revocation or expiration of any license without renewal, if the licensee fails promptly to remove a bench, the City Engineer may do so within ten (10) days after written notice given by mail directed to the address of the licensee on file, and if the licensee shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the licensee's rights in said bench shall be forfeited, but such forfeiture shall not excuse the licensee from the payment of the cost of removal and storage of said bench. Section 23 -907. INSURANCE. a. Before a license shall be issued, the applicant shall post or maintain with the City Clerk, a bond or policy or public liability insurance approved by the City Attorney and conditioned substantially as follows: That the licensee will indemnify and save harmless the City of Brooklyn Center, its officers, agents and employees from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of such permit, or the installation or maintenance of such bench for which a permit is issued, regardless of the point to which such bench or benches may be moved within the City of Brooklyn Center with or without the consent of the licensee, and that the licensee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by, or arise out of, such installation or maintenance. The bond or policy of insurance shall be maintained in its original amount by the licensee at his expense at all times during the period for which the license is in effect. In the event that two or more licenses are issued to one licensee, one such bond or policy of insurance City of Brooklyn Center 23 -30 City Ordinance may be f d each bond or olio y furnished to cover two or more benches, an shall be of a policy type which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter accrue. b. The limit of liability upon any bond or policy of insurance so posted shall in no case be less than twenty -five thousand and no /100 dollars ($25,000) for a loss, bodily injuries to or death occurring to one person or arising out of anyone accident. Section 23 -908. CITY COUNCIL APPROVAL. All applications for licenses, when approved by the City Engineer, shall be presented to the City Council, which may grant or deny any one or more of the applications made. City of Brooklyn Center 23 -31 City Ordinance CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of April, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 23 of the Brooklyn Center Ordinances relating to the placement of courtesy benches on the public right of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE ORDINANCES RELATING TO COURTESY BENCHES ON THE PUBLIC RIGHT OF WAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 23 -901 to 23 -908 are hereby repealed and replaced with the following sections: Courtesy Benches on Public. Right of Way Section 23 -901 DEFINITION. A "courtesy bench" is any bench or seat maintained on the public right of way for the convenience and comfort of persons waiting for buses or other vehicles. Section 23 -902 PERMIT REQUIRED. No person shall place or maintain any bench or seat on public right of way in Brooklyn Center unless they shall have obtained a permit and have complied with the provisions of this ordinance. Section 23 -903 PROCEDURE FOR ISSUANCE OF PERMITS. A permit to install and maintain a bench on or along any public sidewalk or right of way may be issued by the City Council to a person complying with the following requirements: a. The person, firm or corporation desiring such a permit shall make written application to the City Clerk showing the requested location and detailed plans and specifications of each proposed bench, the name and address of the applicant, and such other information as may be required in an application form to be prepared by the City Clerk, City Engineer and City Attorney. b. The location of each bench shall be placed at a designated pickup location for the public transit system. c. Each application shall be accompanied by a letter of consent in such form as the City Attorney shall require, signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving such owners' or lessees' consent to the installation and maintenance of such bench at the proposed location. The applicant shall furnish therewith such evidence of ownership or lease as shall be required by the City Attorney. i Ordinance No. d. Each application shall be accompanied by an inspection fee, as set forth by City Council resolution, payable to the City of Brooklyn Center for each such bench. e. If the application is approved, an additional permit fee will be required in the amount as set pP p q forth by City Council resolution, payable to the City of Brooklyn Center for each bench at the time the permit is issued. f. All permits shall expire as of the 1 st day of April next following the date of issuance thereof, unless renewed. At least thirty (30) days prior to the expiration of any permit, the holder may make written application for renewal thereof, accompanied by the permit fee in an amount as set forth by City Council resolution. Renewal of permits shall not be automatic. One factor in considering a permit renewal will be the level of demonstrated demand by the public for the courtesy bench. g. If plans and specifications of the bench, or location of the bench, are not to be changed, the application for renewal shall be sufficient if the applicant gives his name and address, and the location and number of the bench for which renewal permit is desired. If the original consent of the owner of the land or lessee upon the premises abutting that portion of the street where the bench is located granted to the permit holder the continuing right to maintain such bench, the application may so state, and renewed consent shall not be required. h. Whenever a bench for which a permit has been issued is sold or title or control thereof transferred or assigned, a new permit shall be required and obtained for its maintenance. i. If the application is for permits for more than one bench at the same or different locations, a separate number and permit shall, when issued, be assigned and granted for each bench authorized to be installed, but each such permit issued shall be valid only for the particular location designated therein. Section 23 -904 WHERE COURTESY BENCHES ARE PROHIBITED. No permit shall be issued for the installation of any such bench: a. without the approval of the City Engineer; b. in any alley, or any locations, districts, or zones as established by the City Council; C. at any location where the distance from the face of the curb to the inside sidewalk line is less than eight (8) feet; d. at any location more than fifty (50) feet from the nearest point of intersection with a street, unless the City Engineer shall direct change of location. Ordinance No. Section 3 -905 REVOCATION. a. The application for installation and maintenance of any bench shall be denied if the City Engineer shall find that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way or to create a hazard, or otherwise to be detrimental to the public safety, convenience or welfare. b. Any permit may be revoked, or the application for renewal thereof denied, for failure to comply with the provisions of this ordinance, or for misrepresentation of any material facts in the application, or for any reason which would have been ground for denial of the original application, or where in the judgment of the City Council or the City Engineer, maintenance has become inappropriate. No revocation or denial shall be made arbitrarily or inequitably as between different applicants. c. If the owner, or lessee, shall by writing filed with the City Engineer at least 30 days prior to the expiration of any permit, withdraw his consent to the renewal thereof after such expiration, the City Engineer shall promptly notify the permittee of the filing of such writing and shall deny the renewal of such permit unless and until such owner, or person in possession or control, shall in writing consent to such renewal permit being issued. Section 23 -906 LOCATION AND MAINTENANCE a. Each such permitted courtesy bench shall be installed parallel with the curb and set back not less than thirty (30) inches from the face of the curb. b. No bench shall be more than forty -two (42) inches high nor more than thirty (30) inches wide or seven (7) feet long overall. c. Each bench shall have displayed thereon, in a conspicuous place, the permit number. d. Benches shall be installed on a level and stable base on a concrete slab, unless otherwise authorized by the City Engineer. At no time may the courtesy bench be installed on or otherwise encroach upon any sidewalk, bicycle trail, or other walkway or conveyance. e. It shall be the duty of the permittee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically in order that it may be properly maintained. Benches shall be kept at all times in a neat, clean and usable condition. Ice and snow shall be removed from the benches and the vicinity thereof in such a manner that each bench shall be accessible at all times. Weeds and grass shall be maintained at less than eight (8) inches in length. Any graffiti shall be removed from any courtesy bench within two days of receipt of notice from the city. Ordinance No. Section 2.3 - 907 . ADVERTISEMENT ON BENCH. a. No advertising matter or sign shall be displayed upon any bench except only upon the front and rear surfaces of the backrest. No liquor, beer, tobacco products, or obscene, immoral or indecent advertising, legal or political advertising of an character, shall be permitted and all g� g P g Y � advertising shall be subject to the approval of the City Council. b. No advertising matter or sign on any bench shall display the words "STOP ", "LOOK ", "DRIVE IN", "DANGER ", or any other word, phrase or symbol which might interfere with, mislead or distract traffic. Section 23 -909 REMOVAL OF BENCHES. a. Upon the revocation or expiration of any permit without renewal, if the permittee fails promptly to remove a bench, the City Engineer may do so within ten (10) days after written notice given by mail directed to the address of the permittee on file, and if the permittee shall fail to pay the cost of removal and storage thereof within a period of sixty (60) days after the giving of such notice, the permittee's rights in said bench shall be forfeited, but such forfeiture shall not excuse the permittee from the payment of the cost of removal and storage of said bench. b. The permittee shall move benches immediately upon request of the City, at permittee's expense, should temporary or permanent removal be made necessary by construction or repair work in the vicinity of the bench. Se ction 3 -909 INSURANCE AND BONDING. a. Applicants for permits shall maintain insurance and provide the City Clerk a Policy Certificate verifying public liability insurance approved by the City Attorney and conditioned as follows: That the permittee will indemnify and save harmless the City of Brooklyn Center, its officers, agents and employees from any and all loss, costs, damages, expenses, or liability which may result from or arise out of the granting of such permit, or the installation or maintenance of such bench for which a permit is issued, regardless of the point to which such bench or benches may be moved within the City of Brooklyn Center with or without the consent of the permittee, and that the permittee will pay any and all loss or damage that may be sustained by any person as a result of, or which may be caused by, or arise out of, such installation or maintenance. The insurance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. In the event that two or more permits are issued to one permittee, one such insurance policy may be furnished to cover two or more benches, and each policy shall be of a type in which coverage shall automatically be restored immediately after the occurrence of any accident or loss from which liability may thereafter accrue. Such policy shall not be terminated without thirty days prior written notice to the City. Ordinance No. b. The required limits of liability insurance required by this section shall be $1,000,000 for any number of claims arising out of a single occurrence or applicable statutory limits. c. Before a permit is issued, the applicant shall post a performance bond, in an amount determined to be sufficient by the City Engineer and in a form approved by the City Attorney, conditioned on the applicant removing and disposing of the bench and foundation, restoring the site to its previous grade, and restoring and maintaining vegetative cover as appropriate. Section 23 -910 CITY COUNCIL APPROVAL. All applications for permits, when approved by the City Engineer, shall be presented to the City Council, which may grant or deny any one or more of the applications made. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Section 3. The terms of courtesy bench permit issuance and renewal shall be effective as of April 1, 2002. Courtesy bench licenses valid as of December 31, 2001 shall be extended to April 1, 2002. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 7b MEMORANDUM DATE: April 18, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: An Ordinance Vacating June Avenue North from 69 to 70 Avenue for Street Purposes The redevelopment project in the northeast quadrant of 69 Avenue and Brooklyn Boulevard requires the vacation of June Avenue from 69 to 70 Avenue. Because there are existing utilities which must remain in place, it is proposed to vacate June Avenue for street purposes, but to retain a utility easement over the former street right of way. This item is presented this evening for second reading and public. Private utilities were not notified because the ordinance retains a utility easement over the entirety of the former street right of way. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of April, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating June Avenue from 69` to 70"' Avenue for street purposes. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING JUNE AVENUE NORTH FROM 69 TO 70 AVENUE FOR STREET PURPOSES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of June Avenue North as platted in Lanes Brooklyn Center addition lying south of the south line of the 70` Avenue right of way and lying north of the following described line is hereby vacated for street purposes: Commencing at the southeast corner of Lot 6, Block 2, thence northerly along the westerly right -of -way of June Avenue North a distance of 39 feet to the point of beginning, thence easterly at a right angle to the easterly right -of -way of June Avenue north there terminating. Reserving however a permanent utility easement over said property. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 200_. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8a MEMO To: Michael J. McCauley, City Manager ! From: Ronald A. Warren, Planning and Zoning Special <t Subject: City Council Consideration Item - Planning Commission Application No. 2001- 007 Date: April 18, 2001 On the April 23, 2001, City Council Agenda is Planning Commission Application No. 2001- 007 submitted by Anoka - Hennepin School District No. 11 requesting a Special Use Permit and Site and Building Plan approval for an approximately 5,600 sq. ft. Media Center addtion at Evergreen Park Elementary School. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -007 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 April 23, 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 -26 -01 Ci ty Council Action Should Be Taken By 5 -25 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -007 Applicant: Anoka- Hennepin ISD No. 11 Location: 7020 Dupont Avenue North Request: Site and Building Plan/Special Use Permit Approval The applicant, Tom Durand on behalf of the Anoka- Hennepin Independent School District, is seeking Site and Building Plan and Special Use Permit approval for an approximate 5,600 sq. ft. media center addition to the north side of the Evergreen Park Elementary School, 7020 Dupont Avenue North. The property in question is zoned R -1 (One Family Residence) and is bounded on the north by single family homes facing Dupont and 72 "d Avenues North; on the east by Evergreen Park; on the south by the Evergreen Park soccer /football field, Water Tower No. 2 and Well House No. 4; and on the west by Dupont Avenue with single family homes on the opposite side of the street. Elementary and secondary schools are special uses in the R -1 zoning district. The proposed media center addition would be constructed to the north of the circular portion of the Evergreen Park School building and would be connected to that building by a corridor /vestibule area. Currently the north wall of the school is set back 101 ft. from the north property line. The new addition would be located 32 ft. from that north property line. City ordinances require minimum 15 ft. building setback and buffer strips where such a use abuts R -1 zoned land as it does in this case. The buffer strip must be landscaped and may not be used for parking, driveways, off street loading or storage. This buffer strip has been established in the past and will not be encroached on by the proposed addition. ACCESS/PARKING Access to the site will continue with two existing curb cuts off Dupont Avenue leading to the site. An approximate 50 ft. green strip containing thick arborvitae and other landscaping are provided in this area. The area is used as a bus pick up and drop off for the school and also contains parking for 29 vehicles. A shared access for the school and the Evergreen Park soccer /football field is located further to the south. This access leads to a parking lot located mostly on the Evergreen School property containing 90 parking stalls on the school property and an additional 18 parking stalls on City property. These stalls are shared parking for the school and the park facilities. The school, therefore, has 137 parking spaces available for their use, with 119 of them being on school property. There is no specific parking formula in the City's zoning ordinance relating to school facilities. We have been advised by the school district that there are 76 regular employees at Evergreen Park Elementary. Parking on the site is certainly adequate to accommodate every day parking needs. It should be noted that additional parking is available i 4 -12 -01 Page 1 further to the east of the school property in Evergreen Park, which accommodates the softball fields. Joint use of these facilities both by the school and the park users has been acknowledged in the past. GRADING/DRAINAGE/UTILITIES The applicant has provided us with a site grading and drainage plan as well as a utility plan, which has been reviewed by the City Engineer. The extent of the changes to the site with respect to these items is minimal. A new seven foot wide concrete walk will be installed between the parking lot in front of the building and the new corridor /vestibule area connecting the new addition with the existing building. This will also serve as an entrance to the school. A new six inch sanitary sewer line will be installed adjacent to the walkway and will connect to an existing eight -inch sanitary sewer located in the 50 ft. green strip, southerly of the circular portion of the building. The site is less than 15 acres and, therefore, no Watershed Management Commission review is required for this proposed addition. The site is bound by existing B -612 curb and gutter and both the west and south parking lots are served by storm sewer. With the exception of some potholes in the southerly parking lot, paving on the site is appropriate. We would recommend that there be some filling and patching of the south parking lot as part of this project. LANDSCAPING The applicant has not submitted a separate landscape plan with this submission. They are not proposing any additional landscaping and believe the site is adequately landscaped. They have provided a landscape analysis of existing landscaping. This 8.24 acre site is required to provide 700 landscape points based on the landscape point system utilized by the Planning Commission for evaluating landscape plans. Their landscape analysis indicates that there are 2,300 landscape points based on existing landscaping at the Evergreen Elementary School site. The distribution is not in accordance with the point system distribution for evaluating plans, but the site far exceeds that which would be required if the school was being developed at this time. Although there might be considered a deficiency of decorative trees and shrubs, the site is well landscaped and we would not recommend requiring any additional landscaping for this project. It should be noted that three trees, a Maple, a Basswood and another deciduous tree, will be removed along the north side of the existing school building so that the addition can take place. BUILDING As previously mentioned, the building addition will be to the north of the existing circular portion of the elementary school building. The exterior will be of two contrasting types of face brick to match, as best as possible, the brick on the existing building. The floor plan shows a large media center, a computer lab, work room and restroom facilities. The vestibule /corridor ' 4 -12 -01 Page 2 will connect the two buildings and also serve as an entrance /exit both to the east and west sides of the building. LIGHTING /TRASH The applicant has provided lighting calculations and cuts for the additional lighting that will be placed on the building. Two lights will be located along the north wall with one each on the west and east walls. They note that the wall mounted fixtures will be shielded to direct light downward and to avoid glare. The lighting plan shows less than. 1 foot candles at the property line and also notes that there will be no glare from the lights. The City's lighting standards contained in the zoning ordinance, require that all exterior lighting shall be provided with lenses, reflectors, or shades so as to concentrate illumination on the property. Rays of light shall not pass beyond the property lines of the premises utilizing such illumination at an intensity greater than three foot candles measured at property lines abutting residentially zoned properties. The lighting proposed is much less than the standard established in the zoning ordinance. No glare is allowed to emanate from, or be visible beyond, the boundaries of the illuminated premises. The type of fixture provided should prevent light glare on adjacent properties. The plans submitted do not show trash enclosure areas. A review of the site indicates that at least two unscreened dumpsters are located at the southwest corner of the building adjacent to the southerly parking lot. It is recommended that as a condition of the approval of this application, that the school district be required to provide screening of this dumpster area in accordance with the requirements of city ordinances. SPECIAL USE PERMIT STANDARDS A public hearing is scheduled for this Special Use Permit and notices to surrounding property owners have been sent in accordance with the requirements of the City's zoning ordinance. Attached for the Commission's review is a copy of Section 35 -220 containing the five standards for Special Use Permits. As indicated previously, the school is a special use in the R -1 zoning district. The existing school has been on this site for some time and we believe the expansion of the school will not be detrimental to or endanger the public health, safety, morals, or comfort. Furthermore, we do not believe that the expanded use will be injurious to other property in the immediate vicinity, nor will it diminish or impair property values within the neighborhood. We also believe that adequate measures have been taken to provide proper ingress and egress as well as parking as required as part of the Special Use Permit process. We believe the school addition in other respects will conform to the applicable regulations of the district of which it is located. Schools such as this located in R -1 zoning districts, typically are required to meet the service /office standards for C -1 uses. These have been applied in this case and will be met. Two items that we believe need correcting are the screening of dumpsters and the patching and repairing of the south parking lot. With these items addressed, we believe a favorable recommendation can be made with respect to this application. 4 -12 -01 Page 1 RECOMEMNDATION We believe the plans and the Special Use Permit are in order and approval of this application is recommended subject to at least the following conditions: I . The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. The plan shall be modified, prior to the issuance of building permits, to provide proper opaque screening of the trash container area including opaque screening on any gate servicing this area. The use of plastic slates woven between chain link is not acceptable as a means of meeting this opaque screening requirement. 6. The applicant shall provide appropriate erosion an sediment control devices on the site during construction as approved by the City Engineering Department. 7. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. • 4 -12 -01 Page 2 ■■ ll .. ■ r, 11 • � • 111/ � ;, _ - ■ .r. 111 • • 111■ �. _ _ :.r • r i. -: _ �'rr 111.■ ��I■ .. �,, 1 �, ��FS'�7'x ��ti�y �i�,�•7w .Y` rs ��fX'`?....r... trJ tV� �����, '' _ � - • . S t d`ft 'fit*- ro �� r � � • cl ; � IN Jill Mill sm Nunn WIN MIN � ral' a } °� ��>r �s����� �` *� ti �`u� a ��t �, 'ui 1�` �'+$�N��• '�� >2r+hl„���, r "a ��.�`�•k -.r y �,�h { "+c�"�,r#�, w �r `.? _ � +,�k "" s'� y�yj a rc` E�� ° t+� � r' m'� ��` °3 �'� � �� �sw ��5`(� `• r a �-. ^ ` �r �'R � � >,�� �- r ��'?�r -., r;^l�s'$'�e���`�, > � ` lt`fc'.fN "+' tti f t ) ki a l.'Jr ``i .clj h�y;it '' ? ^`^•' Sr� ta` 11 ,, ff { ss {33 -- �� f.s s, f. .� .� ,�.,�f'x•c" u', c ,i: ; r }i? 'f. y!+ n yr -�J �`t�d' ? r, }i ." ! }��,.� � i }Tt n{ $Y' `S, d 7 � S�(, 1�Y S, t � � +� � r� . i 1 'f t � �` q y�+z + ,�2.{� ,}�15. i^ -.7� ; •rs. ti AsE . c t,� WH '5 ,� � t = ��5�r��{:� t � .t�.�.y L?k.� � J s�.��.+�,� 1� a��n � �, a fi'''�i+ �• k l' z � y i p '�sy� ` 4 � � � d �_- d it �• i i t -s .. a ? i � � i\ I,i__ � ut -J }iis,i! d f ? s I 9 } $ $ y F J f °¢ , -,.! .�c a` 3 $ d p k e i� (( 3 /d # .g ✓iHidt $ #IIi�6�$E a v T T• .. i i i i i i` d' ? i 1 ? 'C, � i 1 I t � \ V� • ; iEFB€ EaaSFtsAF $�a��gH$�:����eHH9s;4��;` €s >�I! �fi d, � �' �•�'i � .� /�, ? i� i I ,i a•�'• it �.. \ � '!Q i ; li" • -„�� s; •\ �U �t' H da neaaaaeaaasna ss nnasssaesnr. a e acne aae = -?'"'•• I I I� ,1 -�'� �"„ � 1aleddd &�3� &�d &111�II F$ �' •i i t �"`--- � - -_ - -- ii I H, � d L r a I4 +r '� , ? `., y .�' "' .:+°� � $ 9ea3Er„ isast3aas�l4$:: 35' 1 ! ce�k�FeF3a£l:ccel:'?.zq §s.Hc. �i-- - d - '�' ! - �aN � i �,— i —_ i '�• .• 1� " ' ��'��� -H t � -i }o ?, i 1 •i I I-I I I l l I1 ,i ac.i+�., , � �'�� � - 1 '' } �^ ♦r i 'S '..� ,• .I` d• is - . \ e�, f I /i :'� Z' li ' i � -Y "� "` iY 1 ✓f�'iv's I 'd � �' �` { / � � <' 3 'n ° t r� it d i. 4gi8i1 �(N' // ,�'•yyi ^ i � 14J / assess sae c ; s / !�a?� 1 i' i I i : I di CJ' i ''� \ j „1 '0, ,,, �,a * //7i; --.s U 1 t / se .I = U) ie H I V � \ "'r � �; i '.,• •3i li 'at f�Ie��� i��i"i I/* !.�\i - '�� 1� i �e � `�� � ,? f9 � it tj i Z i i W W W W g O � g. d3T.' s a� �/ �'! t H _ � � I �' 1 d •' � � * d I I /� i n i r_ y ��_a� .w ... '°' f$ ,�-' ' t, d a 1 i > J Ii =g'T�F$$` a1 i? ?' i 1+ s i (�' -' i', i } ?• i`� -It i i• p s ?`il / Q W Ig�Ij�sAaQ � d���. / d i I __I it 7 C� i � 1 P�; � • } / i d i }= :.>..I� " `�� T '� U � J r � ` Rg` +Iz =� TFR � '��, t: i tl i t •I'\ � : vJ Q 4 3j�oogE! i Ii } .� i -� i.�\ d � q •� —i •';53}yei .zii 3 Or W - 1 I� g 3; ^eI: /, i r ti i -= 3 i_.. -./ g- IS } i ' E () W T F' igi // g /i i ( 1 t • 1 1 1+ 1 CL W W gj "aH3l`dSgg E }iK� }t } 1 V . 1, ii \ I i �� j i_ ._ 1 d O W s i t3 :? d.Y-�. U_ „J.., a•+ �` i W W 'sa sH3Staj91 c Q [� i 1 \- i t. \ s ! i t bi 4 :!Ii E F_ Y ” W � �� T " TTTfi?�. Y A :, �`F�i \ � ? �, } • i' }f `S' 1 � '\ r 1 } r W W S;dz' &kl�si � 1�k o +§ rig '' 77777 H ZVI �. $ i r f W` e i r� Q�i • g I R /•. ?.ltd F 'i d i ` `i � d�--d -t ,ik � r'9 , , H a t lidF i ' ? i d 1• I T} } i ?t i d i ', I s �-' a -� -Q H T� g g jH b � # s �'� i �. I i li t I a ...� I l ..- ? i d ... 1 t i I • Hg ItS i � ,i � _ ?� ��i �_� L� 'f��' I d ° i" � ./ie+• . r -went= � .,- � E O CHI '•a : a g } g 1 6 I `. i I • ^ i m i i b' ; „� t i- .•-^.U' r _ �- -- i s m... R H�. € i��¢� it# �d g � a s �` i � € ��F: � t - _�:.. "- •- '-_ - - - .."• .. - .n,.... ',R 'Aa�:.a #�T_ - • a �,� �� � t I � w H Eg' q g' 1g € S = H tt Q 1. _5� ` __ - -•�� = •Y N ` = „ : -� i' d 4 � YH 3 ' k R $ g$ f � Ait �ag = a a � • ° € it f E d T D a 3 s 3 i •- i °- _'I_- _._.i_. .toi.ar.�N I I —� -- - -- , a e tEsa;: N C v e t I 61 Al ILI t, 7- 'irA-rr. � - . ........ .. x x x c 111 i H i Z I arm V: 1 C' y at . . . ....... l 0 r =1 �l i co I k i . ... . .. ..... I UT PLAN SIM LAYO W E z uj w . . . ....... w .. . ... ..... SITE DEMOLITION PLAN z W L a g U) ' I .. W Q [If < C T ) M E W N—V W W ° st> ,,'„�:. t {v �i,v��,.w. � � °z �` , � � `�1 / :r �..i �.,,..'� � �r 1 € ';y `' 3 (n W Ix. ..... V I . ........ iti � X 3 I �, ��:.- tf �f[� j . .. .. ...... ES PLAW" 61 SfTfUTILITI T SITE GRADING & DRAINAGE P ..... ._ U ofR OEM 64 4-'re4 �w 46 CONTRACTION JT. CONSTRUCTION JT. EXPANSION JT. (EJ) «* ��`°'� • °�� "�"'" � ' ........ .... ��• w."�.^o v & SIDEWALK JOINTS ASPHALT PAVING • ='A «°'=R' ~ "'°•' °�"M `''� < ` �',��" _ `! r..r w.ww .._swu.• r �„'L.' • i. a ... .i:.iw'��.: -a. mo r 8612 CU mo RB & GUTTER r`. ECCENTRIC MANHOLE SECTION TYPICAL MANHOLE PLAN rw w Ln ��..... @THICKENED EDGE CURB Z CONTRACTION JT. CONSTRUCTION JT. EXPANSION JT. (EJ) „• EEC. Ui 4 0 Z �' `''�` .eCS �•�"' - "frir ... CONCRETE PAVEMENT JOINTS SANITARY CLEANOUT (L Q CLASS C y 4 F �C;.. - . - - - 11 „ - r-r I.e ,hr . r-r Y STORM OUTLET DETAIL '" ` w Q PIPE - BEDDING 8 ,,, :;, • U) Q © CONCRETE INTEGRA CURB O w.a ..R -�•� • B L) �4 CL 21 Uw Q e t i i IL ERRE3 I j . HEIiEli �� G fOLlD I AM I FLOOR PLAN, FIRST LEVEL - AREA A t — cvccf-%cccm ceDW ct =U1= iTAPv .qrw )oI I "` i I l6l/A �S@Y� IM.N � OI P i I e e i 8 DLR Grou I w&f BUILDING ELEVATIONS P 1 GREEN PARK ELEMENTARY SCHOOL ��r� City of Brooklyn Center Special Use Permits : Section 35 -220 i 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d.. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. I Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Suecial Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that tine. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. City Council Agenda Item No. 8b L i MEMO To: Michael J. McCauley, City Manager / From: Ronald A. Warren Plannin g and Zonin g P S ecia islt --- -(.t,J Subject: City Council Consideration Item - Planning Commission Application No. 2001- 008 Date: April 18, 2001 On the April 23, 2001, City Council Agenda is Planning Commission Application No. 2001- 008 submitted by Erin Cunningham and Jeffrey Scakmaster requesting a Special Use Permit to conduct a home occupation involving operating a machine lathe in the garage of the above addressed property. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -008 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 April 23, 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 -28 -01 City Council Action Should Be Taken By 5 -27 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -008 Applicant: Erin T. Cunningham/Jeffrey R. Sackmaster Location: 2406 Ericon Drive Request: Special Use Permit (Home Occupation) The applicants, Erin T. Cunningham and Jeffrey R. Sackmaster, are requesting a Special Use Permit to conduct a home occupation involving the operation of a machine lathe in the garage of the home at 2406 Ericon Drive. The property in question is zoned R -1 (One Family Residence) and is located on a corner lot on the north side of Ericon Drive between Brookview Drive and Lilac Drive North. It is bounded on the north and east by single family homes; on the south and west by Ericon Drive with single family homes and Lions Park on the opposite side of the street. The proposed home occupation falls under the classification of a special home occupation because it involves the use of an accessory structure on the property; because the home occupation involves the use of equipment not customarily found in a residential dwelling; and because the home occupation may also involve the employment of a person who is not a member of the family occupying the dwelling. The applicants have submitted a letter (attached) and a video tape (which will be made available for viewing at the Planning Commission meeting) in which they describe the proposed home occupation and their reason for seeking this proposal. They note that their business, Complete Tool and Design, consists of a machine lathe that is capable of turning metal and plastic bars into parts. They are currently operating their business in the City of Ramsey, but will need to relocate this business by October because the City of Ramsey is acquiring the property. They note that the machine lathe is electric and produces no emissions and is about as loud as a washing machine. They further explain that there are no hazardous wastes and no customer traffic associated with their proposed business. They plan to house the machine and operate it in the garage at the Cunningham residence. Their business hours currently are between 7:00 a.m. and 9:00 p.m. Monday through Friday and 10:00 a.m. to 2:00 p.m. on Saturday. They do not operate the machine continuously through this time but would like to have these hours considered as appropriate for the business in the proposed location. Both applicants indicate that they have lived most of their life in the particular neighborhood and would like to continue to do so. Mr. Sackmaster notes that he resides at 2407 Ericon Drive, directly across from the street from the Cunningham residence. They believe they can operate the business within any guidelines the City may establish for operation and that the location of the machine lathe and its operation will not have an adverse impact on surrounding properties. 4 -12 -01 Page 1 I • In conversations that I have had with the applicants, they have indicated that material for the arts operation will Little if an material be picked u b them and brought to the home. al wil 1 P P p P Y � � Y� be stored for a long period of time and any product produced will be delivered by the applicants to the place that orders the parts. No extraordinary sized vehicles will be involved with this home occupation. Special home occupations are defined as any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot by a family member residing within the dwelling unit which is clearly incidental and secondary to the residential use of the dwelling and the accessory structure and the lot upon which it is being conducted. Special home occupations are subject to further limitations contained in Section 35 -406 of the zoning ordinance (copy attached). Among other things, special home occupations may involve the use of equipment not customarily found in a residential dwelling, employ no more than one no- Y g� Y p Y resident employee, may use no more than one accessory structure or installation on the premises, should not create traffic congestion on the lot or the streets adjacent thereto, may not require the parking of vehicles related to the home occupation on the street, nor produce light, glare, noise, odor or vibrations perceptible beyond the boundaries of the lot and not include the retail sale of merchandise produced off the lot. The main concern with this special home occupation is obviously the potential for creating noise or vibration perceptible beyond the boundaries of the lot, which may be a nuisance to ® surrounding property owners. The applicants have indicated that the machine does not cause vibrations and is about as loud as a washing machine. The Commission should review the various aspects of this business in light of the standards for special use permit contained in Section 35 -220, Subdivision 2 and make appropriate recommendations if necessary. One of the areas which we would recommend the Planning Commission consider if they are to recommend approval of the application is to reduce the hours of operation for this home occupation. The hour of 7:00 a.m. appears to be too early to start this operation and 9:00 p.m. may be a little late. We would recommend hours of operation to be between 8:00 a.m. and 8:00 p.m. Monday through Friday and 10:00 a.m. to 2:00 p.m. on Saturday with no operation being conducted on Sundays. A public hearing has been scheduled and notices have been sent to neighboring property owners. RECOMMRNDATTON If the Planning Commission determines the special home occupation to be appropriate, it should recommend approval of the application subject to at least the following conditions: 1. The special use permit is granted for a home occupation involving the operation of a machine lathe in the garage of the home at 2406 Ericon Drive with the possible employment of no more than one non - resident employee. This home 4 -12 -01 Page 2 occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All vehicle parking associated with the home occupation shall be off street on improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the city ordinances regarding the size of vehicles allowed. 4. The hours of operation shall be between the hours of 8:00 a.m. and 8:00 p.m. Monday through Friday and 10:00 a.m. and 2:00 p.m. on Saturday. The home occupation shall not be operated on Sunday. 5. The applicants shall comply with recommendations of the Building Official with respect to safety related matters regarding the location and operation of the machine lathe in the accessory structure. 6. The applicants shall provide an appropriate fire extinguisher in the area of the home occupation per the recommendation of the Building Official. 4 -12 -01 Page 3 1 AVE N. I IZI I I IJ q 1 3AV _ m K W * *iK;A;vi N. , Vi-EN 1 T AVE. N. M b ro Ul AM Id M 00 I p' UPT Avg° w� 7_ 0�.�. A c y RUSSELL AVE C pr ^ QUEEN VE. , _ 3g , r o ..z 0 + I PENN A /�� OUVER AVE. z - — y. NEWTON A N i _YYYy p MORr AVE IAORGAN A 1 8UMI111T OR. G OGAN AVE N. MIN I F I I I I I�NOX� (AVE. N 9 N k JJ 1] C �+ EARLE ROWN OR. VE. N. 11 111T41 l= L- 1_1_L11.J k1_L– LLLLJ j JAWS AVE. N. ^ `0 1� i t I IRVING LL1l "4VF— � m HllA18�11.0 _� fi LU� I ��� IRARD A I; RAW AVE. N. � AVE, N. � GIRARU AVE. L�L Stu 'r Si �7 $ �FWMWT ffdONT AVE N. 111L"' I"""' I � — FREMMM AVE. N �'I' I � I 1 11 I Complete Tool and Design Erin T. Cunningham / Jeffrey R. Sackmaster March 1, 2001 City of Brooklyn Center Planning Commission RE: Home Occupation Dear Brooklyn Center Planning Commission: This letter is a request for a special use permit to operate our business out of the attached double garage of Erin T. Cunningham who resides at 2406 Ericon Drive in the city of Brooklyn Center. We are currently operating our business in the city of Ramsey. The city of Ramsey has given us until October to relocate because they have another use for the property. We feel that our business would be within the guidelines to operate from the home of Erin T. Cunningham. Our business consists of a machine lathe that is capable of turning metal and plastic bars into parts. The machine is electric and produces no emissions and is about as loud as a washing machine. There are no hazardous wastes and no customer traffic. Our hours of business are currently 7:00 a.m. - 9:00 p.m. Monday through Friday and 10:00 a.m. — 2:00 p.m. Saturday. These are not continuous hours of work but the hours we operate inside of If necessary we can adjust the hours of operation to fit guidelines or restrictions. Erin T. Cunningham has lived most of his life with his family in the house he now resides in, at 2406 Ericon Drive he is currently remodeling the interior and has made many improvements to the property since acquiring it from his family. Jeffrey R. Sackmaster: I have lived in the same house most of my life and purchased it from my parents, It is located at 2407 Ericon Drive directly across the street from Erin T. Cunningham. I have also done a lot of remodeling and added a deck. We have put a lot of work into our properties and we would like to raise our families in the homes we grew up in. We each have a child that we would like to see enjoy the area that we live in and attend the same schools that we attended. To make this possible we need to have our business located nearer to us. We have looked at properties for our business and the only ones affordable to us are too far from our homes to make it possible to commute. We sincerely hope to stay in Brooklyn Center where we have close ties with our neighbors and our community. We ask that you consider us for the required permits necessary to operate our business from home. Attached is a Picture and statistics on our machine and a video of the property we would like to use as well as a video of our machine running. Thank you, Jeffrey R. Sackmaster 2407 Ericon Drive Brooklyn Center MN. 55430 Cell 612 - 309 -8870 Home 763 -560 -8227 City of Brooklyn Center Special Use Permits -- Section 35 -220 i 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood C. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion-in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. Home Occupation. Special - Subject to the further limitations of Section 35 -406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Hospital - An institution licensed by the state Department of Health primarily engaged in providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons. H otel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with .or without meals for periods of less than a week. Loading Space - A space accessible from a street, alley, or way in a building or a lot for the use of motor vehicles while loading or unloading merchandise or materials. Lot - A lot is a parcel or portion of land in a subdivision or plat of land, separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for the purpose of sale or lease or separate use thereof. Lot Area - The area of a horizontal plane bounded by the front, side and rear lot lines. Lot. Corner - A lot at the junction of and abutting on two or more intersecting streets. Lot. Death - The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. Lot. Interior - A lot other than a corner lot. Lot Line - A property boundary line of any lot held in a single or separate ownership. Lot Line. Front - That boundary of a lot which is along an existing or dedicated street. In the case of comer lots, the zoning official shall determine, but only for the purpose of this ordinance, which lot line or lines shall be considered front lot lines; such determination shall not be construed as stating in which direction buildings shall face. In general, the narrower of the lines abutting streets shall be the front line for the above stated purpose. City of Brooklyn Center 35 -83 City Ordinance 6. Enclosed porches, but not terraces and breezeways. 7. Accessory uses other than floor space devoted exclusively to accessory off -street parking or loading. But shall not include the following: 1. Garages, open porches, and open patios. Floor /area ratio - The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. Garaee. private - An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. GaraLye - school bus - A building, or portion of a building, used for the storage of school buses (defined in M.S.A. Section 169.01, Subdivision 6), or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. Green Stria- An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, an d maintained expressly for such purpose. Group Dav Care Facilitv - A facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. Home Occupation - Subject to the further limitations of Section 35 -405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. City of Brooklyn Center 35 -82 City Ordinance a. In any yards: Off- street open parking spaces; terraces; awnings; canopies; steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air conditioner condensers; opaque fences, hedges, or walls provided they shall not exceed four feet in height in front yards and provided they do not impede vision within the sight triangle described in Section 35 -560, or a clear view of the address of the principal building. Fences, hedges, or walls may exceed four feet in height alongside interior property lines. No fence, hedge or wall shall be allowed which constitutes an unsafe sight obstruction for pedestrians or motor vehicle operators. b. In rear yards: Recreational and laundry drying equipment; arbors and trellises; balconies limited to 15% of the yard area; breezeways, open porches; detached outdoor living rooms (patios). 9. Interior residential lots shall have a minimum rear yard area of 30% of the total lot area, exclusive of permitted accessory structures. 10. Setbacks along major thoroughfares as designated in Section 35 -900 shall in all cases be at least 50 feet, measured from the street right -of -way line, except for commercial buildings located in commercial zoning districts (C I and C2) or accessory structures or where the property abuts a marginal access street or where the property abuts a noise wall or noise berm constructed by Mn/DOT, or where the City Council finds that excess right -of -way mitigates the effects of traffic noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. 11. Service /office (Cl, C1A) uses abutting major thoroughfares shall have minimum lot area of one acre. 12. In instances where an existing one or two family structure in a residential zoning district is deficient in its setback from the front, side, or rear property line by not more than 30% of the setback requirement, the structure may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming structure resulting in a setback less than established by this ordinance. Section 35 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 2. No home occupation shall involve the use of any accessory structures or installations. • City of Brooklyn Center 35 -53 City Ordinance 3. No home occupation r . ation shall involve the use of equipment othe than that Gusto P manly found in a residential dwelling unit. 4. No home occupation shall involve the retail sale of merchandise produced off the lot. 5. No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. = 6. No home occupation providing day care shall serve more than twelve (12) children in the Rl district, five (5) children in the R2 and R3 districts, or five (5) children, including children of the family occupying a dwelling unit in other residential districts (R4 through R7). This subsection is not intended to supersede any lease arrangements which may be more restrictive. 7. No home occupation shall cause traffic congestion on the lot containing the home occupation or on the streets adjacent thereto. 8. No automobile parking related to the home occupation shall be permitted on the street. Section 35 -406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35 -220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 3 5-3 10 and Section 35 -311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. 4. No special home occupation shall employ, at any one time, more than one person who is not.a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. City of Brooklyn Center 35 -54 City Ordinance 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35 -220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. g J P C. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of merchandise produced off tl d lot. Section 35 -410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 1. All storage shall be contained wholly within an enclosed building. 2. The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered approved when approved by the zoning official and sanitarian. 3. Where a proposed R3, R4, R5, R6, or R7 development abuts an Rl or R2 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 25 feet wide in the case of R6 and R7 uses and not less than 15 feet wide in the case of R3, R4 and R5 uses. The protective strip shall contain an opaque fence or a Council approved substitute. The protective strip shall be landscaped and not be used for parking, garages, driveways, off -street loading or storage. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the multiple dwelling area. A proposed fence shall be no less than four feet in height and' shall not extend within 10 feet of any street right -of -way. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 15 feet of the street right -of -way, and the 15 foot area shall be maintained as a green strip. City of Brooklyn Center 35 -55 City Ordinance MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 12, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Sean Rahn, Dianne Reem, Graydon Boeck, and Stephen Erdmann. Commissioners John Whitehead and Rex Newman were absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES MARCH 29.2001 There was a motion by Commissioner Rahn, seconded by Commissioner Erdmann, to approve the minutes of the March 29, 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. 2001-007 (ANOKA- HENNEPIN ISD #11) Chair Willson introduced Application No. 2001 -007, a request from Tom Durand, on behalf of the Anoka- Hennepin Independent School District to seek Site and Building Plan approval to construct an approximate 5,600 square foot media center addition to the north side of the Evergreen Park Elementary School, 7020 Dupont Avenue North. 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 04/12/01 for Application No. 2001 -007 attached.) The proposed media center addition would be constructed to the north of the circular portion of the Evergreen Park School building and would be connected to that building by a corridor /vestibule area. Currently the north wall of the school is set back 101 feet from the north property line. The new addition would be located 32 feet from that north property line. City ordinances require minimum 15 -foot building setback and buffer strips where such a use abuts R -1 zoned land as it does in this case. The buffer strip must be landscaped and may not be used for parking, driveways, off street loading or storage. Staff recommends approval subject to seven conditions. He suggested another condition should be the repair and patching of the south parking lot blacktop. Chair Willson asked about fire exits. Mr. Warren pointed out the exits in the addition and reported that the Building Official has reviewed exiting requirements with the applicant. 04 -12 -01 Page 1 Commissioner Reem asked how many houses are across from the site. Mr. Warren responded there are five houses along the property line. Commissioner Reem questioned the removal of the three large trees. Mr. Warren responded there are trees and shrubs around the property line. He stated there are also fences. He added the school maintains the trees. He stated the buffer area that is required is 15 feet. He noted in this case there are 32 feet plus trees and landscaping. He added staff believes the landscaping to be adequate. Commissioner Reem stated her concern in the future for those people on the north. She noted right now there is a substantial distance without that building. Commissioner Rahn asked if the trash enclosure would have a gate. Mr. Warren responded he would assume that it would. He indicated the area he thought would be screened. Commissioner Rahn asked if they could require that it be gated. Mr. Warren responded the Commission could require it be enclosed. Commissioner Rahn stated he is concerned about children getting around the trash containers and being injured. Chair Willson asked about heaters in the vestibule area. He questioned how the new addition would be heated. Mr. Warren responded he would assume they would add additional duct work. He stated he further assumes the building official and the architect would discuss this further. Commissioner Erdmann stated he has similar concerns to that of Commissioner Reem regarding g g the visual impact of the addition to adjoining property owners on the north side. He noted it appears that the lighting is adequate. He added the screening on lot 3 and lot 4 is a bit less than on the other points on the northern border. He stated since it is a story and a half and placed closer to the homes, it might be good to beef up the screening on that portion of the northern lot line. He noted it would provide more buffering on that area. He added there is wider spacing on the existing screening. He stated there is a large gap where a tree appears to be missing. He noted six evergreens could fill in gaps and provide more substantial screening to the homeowners. Mr. Warren stated the trees look to be spaced uniformly. He noted it is a judgment call on the part of the Commission with respect to proper screening and buffering. He added that when he reviewed the site he did not notice any major gaps. He stated the same ordinance standard was in place at time this school was built and the council approved it as today. He noted he personally does not believe it would be necessary to require additional screening, but it is the Commission's decision. 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 -007 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing on Application No. 2001 -007, at 8:08 p.m. The motion passed unanimously. 04 -12 -01 Page 2 Chair Willson called for comments from the public.- ® Mr. Tom Durand, Director of Administrative Services for the school district, introduced the architect, Mr. Tom Sindelar of DLR Group. He stated after the 1999 referendum the school district looked at improvements for the school. He noted they felt the computer lab and media center would be an addition to the school and free up the current center for some much - needed extra space. He added they decided to design it in a way it could be used by the community as well. He stated there are separate entrances and restrooms. He noted they are able to block it off from the rest of the building. He added it would be a valuable addition to the school and to the community. Chair Willson asked about the heating. Mr. Sindelar responded the building currently has a central plant. He stated they would be tying onto that with a separate air handler. Chair Willson asked if there was enough capacity. Mr. Sindelar responded in the affirmative. He stated it is in very good condition. Chair Willson asked about the exits. Mr. Sindelar responded there is a second exit to the east that leads directly to the outside. Chair Willson asked about the windows. Mr. Sindelar responded the windows are fixed because the addition would have air conditioning. He stated the addition and the current building would g g be sprinkled. Commissioner Reem asked about the buffer and the people to north. Mr. Sindelar responded they looked at that issue. He stated they are doing 18 of these and we felt it was working with the existing setback. He noted they have double the setback and felt no additional landscaping was necessary. He added it is a mature site as it is. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -007. CLOSE PUBLIC HEARING There was a motion by Commissioner Rahn, seconded by Commissioner Erdmann, to close the public hearing on Application 2001 -007, at 8:15 p.m. The motion passed unanimously. Mr. Durand stated the potholes can be filled, but ultimately he has a set number of dollars. Mr. Warren stated the curb and gutter are in, the only problem is patching potholes in the south parking lot. Commissioner Rahn stated he ro osed an add amendment to condition number five. He noted P P it should include opaque screening on a lockable gate in this area. The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. 04 -12 -01 Page 3 ACTION TO APPROVE OF APPLICATION NO. 2001-0007 (ANOKA- HENNEPIN ISD #11) There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2001 -007, submitted by the Anoka- Hennepin ISD #11 for site and building plan and special use permit approval to construct an approximate 5,600 square foot media center addition to the north side of the Evergreen Park Elementary School, 7020 Dupont Avenue North, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. The building addition is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with chapter 5 of the City Ordinance. 5. The plan shall be modified, prior to the issuance of building permits, to provide appropriate opaque screening of the trash container area including opaque screening on a lockable gate servicing this area. The use of plastic slates woven between chain link is not acceptable as a means of meeting this opaque screening requirement. 6. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 7. All work performed and materials used for construction of the street utilities and the repairing of the deteriorating parking lot shall conform to the City of Brooklyn Center's current standard specifications and details. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Rahn, and Reem. The motion passed. The Council will consider the recommendation at its April 23, 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. APPLICATION NO. 2001-008 (ERIN T. CUNNI NGHAM & JEFFREY SACKMASTER) Chair Willson introduced Application No. 2001 -008, a request from Erin T. Cunningham & Jeffrey Sackmaster to seek Special Use Permit approval to conduct a home occupation involving the operation of a machine lathe in the garage of the home at 2406 Ericon Drive. ® 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 04/12/01 for 04 -12 -01 Page 4 Application No. 2001 -008 attached.) The proposed home occupation falls under the classification of a special home occupation because-it involves the use of an accessory structure on the property; because the home occupation involves the use of equipment not customarily found in a residential dwelling; and because the home occupation may also involve the employment of a person who is not a member of the family occupying the dwelling. Staff recommends approval subject to six conditions. Mr. Erin Cunningham described the machine as staff played a video -taped presentation showing the, machine in operation and the level of noise associated with it. Commissioner Boeck asked if they do prototype work. Mr. Cunningham responded in the affirmative. Chair Willson noted hearing Mr. Cunningham speak on the tape in a normal voice gave him an idea of the noise level. Mr. Cunningham stated if they are using plastic in the machine, they would only hear the hydraulics. Commissioner Boeck asked if the garage was attached, insulated, and heated. Mr. Cunningham responded in the affirmative. He stated the heater blows in on both sides of the wall between the home and the garage. Mr. Jeffrey Sackmaster stated the tape is intended to show people that not all machines make smoke and noise. He noted it has no vibration and sprays a coolant on the bar that brings the noise down. He added the coolant is nontoxic. Mr. Cunningham stated the chips and materials are all recycled. Mr. Sackmaster stated they have run only approximately four hours in the last two days at their current location. He noted it depends on the amount of requests that are called in to them. He added they do overflow work or do prototypes. He stated a lot of machine shops do not have this machine. He noted Mr. Cunningham does the programming to do the prototypes. He added that if the parts fit, the customer purchases the program and the parts so they can run more of the parts themselves. Commissioner Reem asked if the garage door is ever open. Mr. Cunningham responded it is always down. He stated the material comes in the side door and is no bigger than an inch and a 1/16. Commissioner Reem asked if they go through the living area. Mr. Cunningham responded no. Chair Willson recognized Ms. Shirley Block, 2412 Ericon Drive and Ms. Edythe Metz, 2344 Brookview Drive who spoke in favor of the applicant's proposal. Commissioner Boeck asked if they are allowed to have sewer or water in the garage. Mr. Warren responded they could have water, but not sewer. Mr. Cunningham stated they would remain at their current site until September 1, 2001. Mr. Warren responded it is an interim location to keep the business operational. He stated that it was his understanding that they are looking for an industrial site. Commissioner Erdmann stated he could personally vouch for the quietness of the enclosed 04 -12 -01 Page 5 machine. He noted he had worked in a machine shop previously. He added he thought that by 7:00 a.m. most people are up and about. He stated it was customary for machine shops to start early. He noted he does not think it would cause a problem if the start time for the home occupation was 7:00 a.m. He added he would leave the 8:00 p.m. ending time for the operation. 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 -008 There was a motion by Commissioner Rahn, seconded by Commissioner Reem, to open the public hearing on Application No. 2001 -008, at 8:52 p.m. The motion passed unanimously. Chair Willson called for comments from the public. He noted for record the parties present have been previously introduced and are in favor of the application. Commissioner Rahn asked about the water based coolant. He stated if it is run through the machine there could be shavings. Mr. Sackmaster responded the shavings and coolants fall into bottom of the machine. He stated there is a filter so that the shavings stay on top and the coolant gets recycled into the machine. Mr. Cunningham stated the lubricant goes into a five- gallon bucket and it is returned to where purchased. He noted they musty prove recycling. He added if there are any chips, they have to scrap out the bottom of the machine. Commissioner Erdmann asked about the electrical service for the machine. Mr. Cunningham responded it requires 220 volts. Mr. Warren noted he did receive a call from Mr. Leonard Buecksler, 2337 Brookview Drive. He stated Mr. Buecksler had questions, but did not express any negative views or comments. He noted Mr. Buecksler was not present. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -008. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to close the public hearing on Application 2001 -008, at 8:57 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. There was a motion by Commissioner Erdmann, seconded by Commissioner Reem to recommend a 7:00 a.m. starting time rather than the 8:00 a.m. starting time contained in the staff report. The motion passed unanimously. ACTION TO APPROVE OF APPLICATION NO. 2001-008 (_ERIN T. CUNNINGHAM/ JEFFREY R. SACKMASTER) There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2001 -008, submitted by Erin T. 04 -12 -01 Page 6 Cunningham/Jeffrey R. Sackmaster for a Special Use Permit approval to conduct a home occupation involving the operation of a machine lathe in the garage of the home at 2406 Ericon Drive, subject to the following conditions: 1. The special use permit is granted for a home occupation involving the operation of a machine lathe in the garage of the home at 2406 Ericon Drive with the possible employment of no more than one non - resident employee. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. All vehicle parking associated with the home occupation shall be off street on improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the city ordinances regarding the size of vehicles allowed. 4. The hours of operation shall be between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday and 10:00 a.m. and 2:00 p.m. on Saturday. The home occupation shall not be operated on Sunday. 5. The applicants shall comply with recommendations of the Building Official with respect to safety related matters regarding the location and operation of the machine lathe in the accessory structure. 6. The applicants shall provide an appropriate fire extinguisher in the area of the home occupation per the recommendation of the Building Official. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Rahn, and Reem The motion passed. The Council will consider the recommendation at its April 23, 2001 meeting. The applicant must be present. Maj or 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 explained Plan C for the Eagle Crest PUD. He stated he received it from Mr. Bill Gleason. He noted there are two building elevations with one floor plan. He added this would make a third floor plan. He stated the first had four different elevations and the second had one elevation. He noted Mr. Gleason had a tragedy in the family and was out of town for a week. He added there is one other floor plan that would be provided as soon as possible. He stated the City Council did approve the PUD subject to all considerations and conditions proposed by the Planning Commission. He noted the City Council would preview all the plans before the final development agreement is • put together. He added they would bring it before the Commission, too. Chair Willson stated he assumes it would probably be at the next meeting. 04 -12 -01 Page 7 Commissioner Reem stated she is concerned about the trash now that the snow is gone. She asked if the ordinances give a required number of days for clean up after the snow is gone. Mr. Warren responded it is not just true here, it is everywhere. He stated there would be a code enforcement sweep probably taking place in May. He noted new code enforcement officers have just been brought on. He added some businesses with the worst problems have been contacted Mr. Warren stated the next meeting is a study session. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:10 P.M. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. • 04 -12 -01 Page 8 City Council Agenda Item No. 9a PROCLAMATION • DECLARING MAY 20 THROUGH 26, 2001, AS SAVE A LIFE WEEK WHEREAS, save A Life Foundation's mission is to heighten public awareness and train individuals in Basic Life Saving techniques for emergency situations; and WHEREAS, the administration of Basic Life Saving techniques, including Cardiopulmonary - Resuscitation (CPR) and Automatic External Defibrillation (AED), helps to maintain life until professionals arrive, thus significantly reducing deaths and disabling injuries; and WHEREAS, in concert with Fire /Police /Emergency Medical Services Professionals, Save A Life Foundation institutes the training of Basic Life Saving First Aid techniques to school -age children and adults. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim May 20 through 26, 2001, as SAVE A LIFE WEEK in the City of Brooklyn Center. Date Mayor ATTEST: City Clerk SAVE A LIFE February 15, 2001 M Myrna Kra FOUNDATION ness _ y y g 6301 Shingle Creek Parkway ® Brooklyn Center, Minnesota 55430 Dear Mayor Kragness: The not for profit Save A Life Foundation (SALF) is dedicated to our mission of enabling everyone to act on another's behalf by providing training in uniform and safe application of basic life supporting first aid skills. Certain situations (choking, severe bleeding, no pulse, etc.) Board of Directors: require immediate action. The trained bystander can administer techniques until professional help arrives. This quick action could Carol Spizzirri, President/Founder possibly lessen the loss of life or permanent injury. Hon.Sam Amirante, Vice President Carlos M. Azcoitia Heightening public awareness to the importance of learning these life Carlos Cortes, Treasurer supporting skills and the significant role of the educated bystander is Hon. Martin Sandoval secretary essential. As a devoted public official concerned about the health, safety Scott Anderson and welfare of your community, the Save A Life Foundation is seeking Scott Betzelos, M.D. your assistance in making people cognizant of the need for this vital Deloris M. Burnam knowledge. Robert Conroy Michael Lavelle, Esq. The Save A Life Foundation is contacting members of Margarette Lawless Wayne Wiberg the U.S. Conference of Mayors and requesting a Ken Wiesner proclamation for your municipality declaring Stan Zydlo, M.D. MAY 20 -26, 2001 as SAVE A LIFE WEEK. !al Counsel: Robert Motta ESQ Illinois Governors James Edgar and George Ryan over the last five Medical Director: years have issued statewide proclamations for Save A Life Week (a copy of last years is enclosed as a format). This year SALF is contacting Stanley Zydlo, M.D. all fifty state governors, all mayors from Illinois and all mayors from the Assoc. Medical Director U.S. Conference to partake in Save A Life Week proclamations. This would run in conjunction with National Emergency Medical Services Scott Betzelos, M.D. (EMS) Week. A concerted effort on local, state and national levels will Medical Adivisors: help promote the need that everyone should be trained basic life supporting skills in order to reduce deaths and disabling injuries. Peter Safar, M.D. Nicholas Bircher, M.D. We look forward to working with you on this endeavor. Thank you for Henry Heimlich, M.D. your time and consideration in this matter. It would be appreciated if you Mark Mitchell, M.D. would please forward a copy of your proclamation to our headquarters. Ernesto A. Pretto, Jr. M.D. Paula Willoughby, M.D. Sincerely. Brian Churchill, EMT -P, Program Development: Cal �t•, Iry Bock, Director �' IL Central Branch: St. John's Hospital, Springfield Jan Kelley, RN, Facillitator Mayor Rita Mullins Mayor Iry Bock Carol J. Spizzirri Director of Director of Founder /President Governmental Affairs Program Development Save A Life Foundation, Inc. 9950 West Lawrence Ave., Suite #300, Schiller Park, IL 60176 Phone: (847) 928 -9683 (888) 892 -0606 • Fax: (847) 928 -9684 • e -mail: salfldds @SALF.org • www.SALF.org City Council Agenda Item No. 9b i Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of property on file with the City Clerk is hereby declared surplus property and is hereby authorized for public sale at a City auction to be held on May 5, 2001, at Anoka -Big Lake Auction House, 17020 Hwy 10 E, Big Lake, Minnesota. 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. 9c MEMORANDUM DATE: Ap ril 18, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Declaring Adequacy of Petition and Ordering Preparation of a Report for Improvements to Willow Lane On April 9, 2001, the City Council received a petition from property owners along Willow Lane between I -694 and the dead end north of 66 Avenue. In accordance with Minnesota Statutes, Chapter 429, the Council must make a declaration of the adequacy of the petition. Under the statutes, to be declared adequate, a petition must be signed by the owners of at least 35% of the frontage abutting the property to be improved. The petition has been reviewed by the Engineering Department and determined that owners of more than 35% in frontage of the property abutting Willow Lane have signed the petition. All except two property owners on the east side of Willow Lane have signed the petition and no properties on the west side have signed the petition. A copy of a letter from the Riverwood Neighborhood Association and the petition are attached. As required by Chapter 429, a feasibility report will be prepared for Council's consideration on May 14. I have done an initial review of engineering technician and other staff time, and we do not have the staff capacity to take on another project in 2001. Engineering and utility staff will be very busy with the Garden City North and Brooklyn Boulevard projects. The feasibility report will review in detail staff and fiscal capacity to undertake this project some time in the next 5 years. It is recommended that the City Council adopt the attached resolution declaring the petition adequate and ordering preparation of a report. • 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) t p /7//�'rJ /�IJ r n) a cc 41 V. 14a n A a- L n . /'0'? 17 z C-f�t e49C� 1?-16 ajillo Uf 4,t., __ �r_z� A. , 1 1 t Sr41 r u C: ( ' t 1 �. . ! ' ��"J Jl c:. 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) �(, 1fi Ur�f'14 �.�r�clv�'c -._ hS. V1-J, tff1L_) 4 V 4•wk • -, !� 'M..' Y� �'/ 'Y1'.•V 1 l.i d -(7 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 60 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) JU 1141--Picukon J d7�iJ " 0 6 s'C e l l! t t- a) �" ` D r • Please attach additional names and signatures as needed and return to: City of Brooklyn Center Engineering, 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 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 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 RIVERWOOD NEIGHBORHOOD A -, S S 0 C 1 A... T. '1 . 0 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 Riverwood Neighborhood Association's "staiement 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 North. . On behalf of our association, I wish to thank the City 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 maybe difficult to include these improvements into your already -busy program for 2001, we ask that you consider doing so if that is at,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 development will include the closing of the service road, and will , generate additional traffic, Willow Lane will be carrying more traffic than before. p'l of • 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 will 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 will 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, on the people who buy those lots. P tY Y , tY p p Y • 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 submitted, Sy Knap �, Chair/Riverwood Neighborhood Association p. 2 of 2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A REPORT FOR IMPROVEMENTS TO WILLOW LANE BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A certain petition requesting the improvement of Willow Lane between Interstate 694 and the dead end located approximately 150 feet north of 66' Avenue North filed with the Council on April 9, 2001, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the City Engineer and that person is instructed i to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. 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: P g g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. L City Council Agenda Item No. 9d CENTER' E � ROfl�YN ceHr�9 C N POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Mana FROM: Joel Downer, Chief of Police DATE: April 18, 2001 SUBJECT: Hennepin County Mutual Aid Pact Attached are the first 11 pages of the Mutual Aid Pact. The remaining pages list available resources in the county. Also attached are pages 87 (sample resolution) and 88 (signature page). The forward gives an overview of the purpose of the pact. The joint and cooperative agreement, which begins on page 7 and concludes on page 11, contains the legal language of the Mutual Aid Pact. Approval of the Mutual Aid Pact is critical in order to share resources to respond to public safety concerns in our communities. I JD /jm mutaidptmem HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT Effective Date: July 1, 2001 HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT Effective Date: July 1, 2001 TABLE OF CONTENTS FOREWORD............................................................................................. ..............................4 JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNELAND EQUIPMENT ............................................................. ..............................7 I. GENERAL PURPOSE .................................................................... ..............................7 Il. DEFINITION OF TERMS ................................................................ ..............................7 Ill. PARTIES ..................................................................................... ..............................8 IV. PROCEDURE ............................................................................. ..............................8 VILIABLITY .................................................................................... .............................10 VI. EFFECTIVE DATE ..................................................................... .............................10 Vll. WITHDRAWAL AND TERMINATION ......................................... .............................11 AVAILABLE RESOURCES ................................... �................,........... �.... .......................... .12 .. AIRPORT POLICE DEPARTMENT. .12 BLOOMINGTON POLICE DEPARTMENT ........................................ .............................15 BROOKLYN CENTER POLICE DEPARTMENT ............................... .............................17 BROOKLYN PARK POLICE DEPARTMENT .................................... .............................19 CHAMPLIN POLICE DEPARTMENT ................................................ .............................21 CORCORAN POLICE DEPARTMENT .............................................. .............................22 CRYSTAL POLICE DEPARTMENT .................................................. .............................24 DAYTONPOLICE DEPARTMENT .................................................... .............................26 DEEPHAVEN POLICE DEPARTMENT ............................................. .............................27 EDEN PRAIRIE POLICE DEPARTMENT .......................................... .............................29 EDINA POLICE DEPARTMENT ........................................................ .............................31 GOLDEN VALLEY PUBLIC SAFETY DEPARTMENT ....................... .............................33 HENNEPIN COUNTY SHERIFF'S OFFICE ....................................... .............................35 ADULT DETENTION DIVISION ..................................................... .............................35 CIVILPROCESS ........................................................................... .............................35 COURTSECURITY UNIT .............................................................. .............................36 CROWD CONTROL /CIVIL DISTURBANCES ................................ .............................36 INVESTIGATIVE ........................................................... .............................36 UNIFORMED PATROL DIVISION ................................................. .............................38 WARRANT ........................................................................... .............................42 HENNEPIN PARKS PUBLIC SAFETY .............................................. .............................43 HOPKINS POLICE DEPARTMENT ................................................... .............................44 MAPLE GROVE POLICE DEPARTMENT ......................................... .............................46 MEDINA POLICE DEPARTMENT ..................................................... .............................48 METRO TRANSIT POLICE DEPARTMENT ...................................... .............................49 MINNEAPOLIS POLICE DEPARTMENT .......................................... .............................50 Hennepin County Chief's of Police Association Mutual Aid Pact 2 Effective: July 1, 2001 . EMERGENCY RESPONSE UNIT .................................................. ....•........................51 BOMB DISPOSAL UNIT. .51 PRECINCTS AND DIVISIONS ....................................................... .............................52 MINNEAPOLIS POLICE RESERVES ................................................ .............................53 MINNEAPOLIS PARK POLICE ......................................................... .............................54 MINNETONKA POLICE DEPARTMENT ........................................... .............................56 MINNETRISTA PUBLIC SAFETY DEPARTMENT ............................ .............................58 MINNESOTA ARMY AND AIR NATIONAL GUARD .......................... .............................60 MINNESOTA WING HEADQUARTERS ....... ............................... ....62 ............................... MOUND POLICE DEPARTMENT ..................................................... .............................64 NEW HOPE POLICE DEPARTMENT ............................................... .............................66 ORONO POLICE DEPARTMENT ..................................................... .............................68 OSSEO POLICE DEPARTMENT ...................................................... .............................70 PLYMOUTH POLICE DEPARTMENT ............................................... .............................71 RICHFIELD DEPARTMENT OF PUBLIC SAFETY ............................ .............................73 ROBBINSDALE POLICE DEPARTMENT ......................................... .............................75 ROGERS POLICE DEPARTMENT ................................................... .............................77 SOUTH LAKE MINNETONKA POLICE DEPARTMENT .................... .............................78 ST. ANTHONY POLICE DEPARTMENT ........................................... .............................80 ST. LOUIS PARK POLICE DEPARTMENT ....................................... .............................82 UNIVERSITY OF MINNESOTA POLICE DEPARTMENT .................. .............................84 WAYZATA POLICE DEPARTMENT ................................................. .............................85 WEST HENNEPIN PUBLIC SAFETY DEPARTMENT ....................... .............................86 SAMPLE RESOLUTION .............................................................................. .............................87 • SIGNATURE PAGE ..................................................................................... .............................88 Hennepin County Chief's of Police Association Mutual Aid Pact 3 Effective: July 1, 2001 HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT Effective July 1, 2001 FOREWORD The Mutual Aid Committee of the Hennepin County Chief's of Police Association was tasked with revising and updating the mutual aid pact among all the police agencies of Hennepin County. The original pact was created in 1968 with the various agencies joining the pact throughout the years. Many provisions of the original pact were continued into the new pact. The Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment in Hennepin County ( "Joint Powers Agreement ") was updated to reflect accurately the procedures, address current issues and enhance the ability of departments to share resources with each other. Each agency's resources will be included in the new pact. The general purpose of the pact is to permit agencies to share enforcement resources with other agencies in Hennepin County. The Joint Powers Agreement specifically allows a requesting party to select the resources that best meets the needs of a given situation. A requesting party may call upon any other participating party for mutual aid. There is no requirement to make requests through a particular party. In addition, the Joint Powers Agreement should not be interpreted as restrictive in providing resources to deal with only major catastrophic situations. Participating parties can utilize the resources for many reasons including routine circumstances such as training efforts and back -up patrol service. This pact provides the flexibility for all agencies to use the resources located among all participating parties in Hennepin County. The decision as to when to invoke mutual aid and whether to respond is left to the discretion of the requesting or responding party. Each agency should acquaint supervisory personnel with Hennepin County Chief's of Police Association Mutual Aid Pact 4 Effective: July 1, 2001 any internal procedures used for mutual aid. While the Joint Powers Agreement does not require particular words or actions to initiate mutual aid, agencies should be clear about whether mutual aid was requested and what type of assistance is being provided. Furthermore, each officer within a department should have a basic familiarity with mutual aid, the responsibilities when reporting to another agency and the protections afforded under the agency's worker's compensation. Management of a mutual aid situation specifically remains under the control of the requesting party. The sending party retains direction and control of any personnel provided. Yet, the sending party must coordinate with the requesting party the law enforcement assistance provided. A reminder about the time commitments for mutual aid requests. While there is no hard and fast time limit, the commitment of resources can be taxing on agencies. And, in some situations, an advantage can be gained by ending a mutual aid request and entering into some contractual assistance. Especially when the law enforcement costs need to be tracked or can be recovered from other sources. The Hennepin County Sheriff's Department ( "Sheriff') has again volunteered to serve as the administrative coordinator of the pact. As communities adopt the Joint Powers Agreement, the appropriate documentation and signature page need to be forwarded to the Sheriff. The Sheriff will maintain a current list of the participating parties. The Sheriff will also distribute updates on available resources. is The effective date for the new Joint Powers Agreement is July 1, 2001. This date was established to allow enough time for agencies to receive the appropriate authority and to Hennepin County Chief's of Police Association Mutual Aid Pact 5 Effective: July 1, 2001 • provide some finality between the old pact and the new pact. When a party elects to enter into the new Joint Powers Agreement, their participation in the old pact will cease on July 1, 2001. Some agencies may elect to not participate in this pact; those agencies would be bound under other mutual aid agreements or state statutes. Again, this pact should be viewed as a means whereby participating parties may receive any needed assistance from other law enforcement agencies when such a request is made. The Mutual Aid Committee of the Hennepin County Chief's of Police Association; Chief Joel Downer, Brooklyn Center Chief Dean Mooney, Metro Transit Chief Dan Scott, Richfield Chief Jim Welna, Airport (MAC) Director Tim Turnbull, Hennepin County Emergency Preparedness Mr. John Kedrowski, MAC Associate Attorney Mr. Scott Williams, Richfield Emergency Preparedness Captain Bill Chandler, Hennepin County Sheriff's Office Lieutenant Joni Schauer, Metro Transit Hennepin County Chief's of Police Association Mutual Aid Pact 6 Effective: July 1, 2001 JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT I. GENERAL PURPOSE The general purpose of this Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment ( "Agreement ") is to provide a means by which a Party to this Agreement may request and obtain Law Enforcement Assistance from other Parties when the Party deems such assistance necessary. This Agreement is made pursuant to Minnesota Statutes, Section 471.59, which authorizes the joint and cooperative exercise of powers common to the Parties. II. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings: Subd. 1. "Eligible Party" means a governmental unit that is permitted to become a Party to this agreement, at its own option. The Eligible Parties are the County of Hennepin and every governmental unit authorized to exercise police powers within the County of Hennepin, State of Minnesota. Subd. 2. "Law Enforcement Assistance" means equipment and personnel, including but not limited to, licensed peace officers and non - licensed personnel. Subd. 3. "Party" means a governmental unit that elects to participate in this Agreement. Subd. 4. "Requesting Official' means a person who is designated by the Requesting Party to request Law Enforcement Assistance from other Parties. Subd. 5. 'Requesting Party" means a Party that requests Law Enforcement Assistance from other Parties. Subd. 6. "Sending Official' means a person who is designated by a Party to determine whether and to what extent that Party should provide Law Enforcement Assistance to a Requesting Party. Hennepin County Chief's of Police Association Mutual Aid Pact 7 Effective: July 1, 2001 Subd. 7. "Sending Party" means a Party that provides Law Enforcement Assistance to a Requesting Party. Subd. 8. "Sheriff" means the Hennepin County Sheriff or designee. 111. PARTIES The Parties to this Agreement shall consist of as many Eligible Parties that approve this Agreement and execute a separate signature page to become Parties. Upon approval, the executed signature page of this Agreement shall be sent to the Sheriff along with a certified copy of the documentation evidencing approval. Approval of this Agreement by a Party shall be evidenced by: ♦ for a municipality, a resolution adopted by the governing body, or ♦ for a non - municipality, a resolution adopted by the governing body or a letter executed by an official with sufficient authority to bind that party which recites the basis of that authority. • IV. PROCEDURE Subd. 1. Each Party shall designate, and keep on file with the Sheriff, the name of the person(s) of that Party who shall be its Requesting Official and Sending Official. A Party may designate the same person as both the Requesting Official and the Sending Official. Also, a Party may designate alternate persons to act in the absence of an official. Subd. 2. Whenever, in the opinion of a Requesting Official of a Party, there is a need for Law Enforcement Assistance from other Parties, such Requesting Official may, at their discretion, call upon the Sending Official of any other Party to furnish Law Enforcement Assistance to and within the boundaries of the Requesting Party. Subd. 3. Upon the receipt of a request for Law Enforcement Assistance from a Party, the Sending Official may authorize and direct personnel of the Sending Party to provide Law Enforcement Assistance to the Requesting Party. Whether the Sending Party provides such Law Enforcement Assistance to the Requesting Party and, if so, to what extent such Law Enforcement Assistance is provided shall be determined solely by the Sending Official (subject to such supervision and direction as may be applicable within the governmental structure of the Hennepin County Chief's of Police Association Mutual Aid Pact 8 Effective: July 1, 2001 Party by which they are employed). Failure to provide Law Enforcement Assistance will not result in liability to a Party. Subd. 4. When a Sending Party provides Law Enforcement Assistance under the terms of this agreement, it may in turn request Law Enforcement Assistance from other Parties as "back -up" during the time that such Law Enforcement Assistance is provided. Subd. 5. Whenever a Sending Party has provided Law Enforcement Assistance to a Requesting Party, the Sending Official may at any time recall such Law Enforcement Assistance or any part thereof, if the Sending Official in their best judgment deems such recall necessary to provide for the best interests of their community. Such action will not result in liability to any Party. Subd. 6. The Requesting Party shall be in command of all situations where Law Enforcement Assistance is requested. The Sending Party shall coordinate with the Requesting Party the Law Enforcement Assistance that it provides. Subd. 7. When a Sending Party supplies personnel to a Requesting Party, such personnel shall remain under the direction and control of the Sending Party; shall be subject to the policies and procedures of the Sending Party; shall be paid by the Sending Party; shall be protected by the worker's compensation of the Sending Party; and shall otherwise be deemed to be performing their regular duties for the Sending Party. Subd. 8. A Sending Party shall be responsible for its own personnel, equipment, and supplies and for injuries or death to any such personnel or damage to any such equipment or supplies. Unused equipment and supplies shall be returned to the Sending Party by the Requesting Party when circumstances permit. Each party waives the right to sue any other Party for any worker's compensation benefits paid to its own employee or volunteer even if the injuries were caused wholly or partially by the negligence of any other Party, its officers, employees or volunteers. Subd. 9. A Sending Party shall demand no charges or costs for Law Enforcement Assistance rendered under this Agreement. Hennepin County Chiefs of Police Association Mutual Aid Pact 9 Effective: July 1, 2001 VI LIABILITY The Requesting Party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a Sending Party nor shall the Sending Party be responsible for any injuries, losses or damages arising out of the acts of any personnel of the Requesting Party or the personnel of any other Sending Party. No Party shall be responsible for injuries, deaths, losses or damages arising out of the actions of Law Enforcement Personnel of any other Party. By entering into this Agreement, the Parties are not waiving any provisions or liability limitations established in Chapter 466, Minnesota Statutes. For purposes of efficiency and similar interests, any Party to this Agreement may enter into an agreement with another Party for defending any claim arising out of the Parties' participation in mutual aid. VI. EFFECTIVE DATE This Agreement shall become effective and operative beginning July 1, 2001, 12:01 A.M., local time, for those Eligible Parties that have provided resolutions and executed documents to the Sheriff by that date. An Eligible Party may join the Agreement after July 1, 2001, by providing the necessary documents to the Sheriff. This Agreement shall continue in force until a Party or this Agreement terminates under the provisions of Section VII. Upon the beginning date of this Agreement or any time after the beginning date that an Eligible Party joins, this Agreement shall supersede, replace and void for the Party the Joint and Cooperative Agreement for Use of Police Personnel and Equipment, dated 1968, that provides for mutual aid. The Sheriff shall maintain a current list of the Parties to this Agreement and, whenever there is a change, shall notify the designated Sending Officials. The Sheriff shall send a copy of each Party's executed signature page to all Parties of this Agreement. Hennepin County Chief's of Police Association Mutual Aid Pact 10 Effective: July 1, 2001 VII. WITHDRAWAL AND TERMINATION A Party may withdraw at any time upon thirty (30) days' written notice to the Sheriff. The Sheriff shall thereupon give notice of such withdrawal, and of the effective date thereof, to all other parties. Parties that have withdrawn may rejoin after executing the appropriate resolution and document. This Agreement will terminate when the number of Parties to the Agreement falls below eleven (11). End of Agreement Hennepin County Chief's of Police Association Mutual Aid Pact 11 Effective: July 1, 2001 Member introduced the following resolution and moved its s adoption: RESOLUTION NO. RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2001 WHEREAS, the City of Brooklyn Center has previously approved and participated in a mutual aid agreement between the police agencies within Hennepin County to provide cooperative use of police personnel and equipment; and WHEREAS, the participating governmental units have determined that it is advisable to clarify and update the language of that agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment, ( "Agreement ") dated July 1, 2001, from the Hennepin County Chief's of Police Association be approved; that the City is withdrawing from the previous Hennepin County Mutual Aid Agreement on the effective date in the new Agreement and that the City Manager is authorized and directed to execute said agreement on behalf of the City as a participating member of the Agreement. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being p o b ng taken thereon, the followin g voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i HENNEPIN COUNTY CHIEF'S OF POLICE ASSOCIATION . MUTUAL AID PACT SIGNATURE PAGE IN WITNESS WHEREOF, the undersigned have caused this Joint Powers Agreement to be executed for the police agency Dated: By: Title: Witness: Title: Hennepin County Chief's of Police Association Mutual Aid Pact 88 Effective: July 1, 2001 City Council Agenda Item No. 9e Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: April 19, 2001 SUBJECT: 1. An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitation on Animals 2. An Ordinance Amending Chapter 19 of the City Ordinances Relating to Limitations on Keeping of Animals At its April 2, 2001, work session, the City Council directed staff to prepare an ordinance amendment to Chapter 1 of the City Ordinances regarding animals. The City Council approved first reading of an ordinance to eliminate dog licensing at its April 9, 2001, meeting. Attached for City Council review is an ordinance amendment to Chapter 1 that would propose the following: 1. limit the number of dogs to be kept on a residential property to two (2), 2. keep the limit on the number of cats at three (3), 3. provide for a combination of animals not to exceed four (4) with no more than two (2) dogs in the four (4) animal combination, and 4. add a provision for those persons who currently have private kennel licenses that they may seek renewal of their private kennel license annually with proof of rabies vaccination and payment of $30 license fee until the excess animals that are currently listed on the private kennel license application are either removed from the premises or expire. Since Chapter 19 of the City Ordinances also addresses limitations on keeping of animals, an ordinance amending Chapter 19 has been prepared to be consistent with the draft amendment to Chapter 1. Attachments 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 given that a public hearing will be held on the 29 day of May, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Ordinances Relating to Private Kennel Licenses and Limitation on 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 1 OF THE CITY ORDINANCES RELATING TO PRIVATE KENNEL LICENSES AND LIMITATION ON ANIMALS 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 -101. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 8. Private Kennel means any premises zoned or used for RI and R2 purposes, as defined in the Brooklyn Center City Ordinances, on which three or more dogs ar f Gi or morn Gats six months old or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming or other commercial purposes. Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. Applications for all licenses required by this ordinance shall be made to the City Clerk. 5. Application for Private Kennel License. a. Initial application for a pri va t e. ena e-MI ,€1?-1all b-.o made to t Qer-k. Tho applisati3r, shall ro t-Ate tho „-A,,,o -Ana „ a , - miss- A-f the-, applinont the, pr , ad ess or 1 e b o1 dO[Gr4ption O f the prepeseil €,cri'Ning y t y rye ,] Ge th ;;4t heir- age, b #, and pr sox-. y eef- e= • 3 mpany t he app ! T � a � t i on . Net l ess U ha1 p z 1 seye� d ays r aft er `^ s pt of the a G ation f 'a private " nil GI 1i/.On OP t 11 �ry e C ity G1l[ ir. of t he `^�1'1 ,ppli elAsors of nronorl ` ithi?, 1_5 . ORDINANCE NO. The failure of any owner to reneive calash nntine shall not invalidate the b. prA�: C onsideration e A private yennPi linenso annl;noti ahall be refeff@ to the 1 ublll. Health 9 aH1ta Y1aH <S >h e shall ` oy ew: the, Venn Pl design and eperatie d il'_ a r C 022110. th e ti+eran e to the Gib Managew f Within fourteen (1 d\ clays after the nntinP of 81; tit ((��vl }l; & y G v 3 ll trivrw� rnciari- LVUrcwrLTx �7- ' accT�- ccrc axv- xxvcxvv - /y plica n 1 i 8 ma1 esn i,P STYle th City Il/IaHager nr t11P 1 it M anager's r's Aigpeyle shall review e , H ealth Sa�s I (pert, 1 eensi n er writt h J he an nant and an[-y,'her, affemIS per-sons, and , ( either PY approve or den t h e liGa,tien. �I T. teen (1 days [[ii�iiV?�I fa r after the n ntil.e of the ` Cit[ � 1M anagerC� (� l�nH 1(� 1�'C{r - CiS GVI Li1CTIV1Z�p P2 -LrI0 CLL�ZTiG[11L[��L TTCVi.71171TI�� mailed to area papPrty own the own or any other af- e rte.l p ers then 11 a Cu l.i Ci my xq et ahearing before the City Cei .il to A ci n[I1 /. all C•P <t the eion shoul be Gl an Manag er - g written A req eC for the, h e V ar ing must <S l/thtn such fourteen l (1 14) days Following- pkl-xlic h earing , t City ( s hall r e nder der.i r- ov lrf ing, a 0fir .l ming nY amending the erisin of the City Manager: b Standards �� kennel �or M a l p The City M may app rove he, p e' a aco kennel znw an may attanh to su e li appr nyal any nnnil itioHC• 1 C1 7 with Chapter- 19 of I , the City rdi aares and any other- rendition norossary to nrot Gt the health, sa f ety , welfare, anti pro perty valu in the, immediate, ar ea. Git<ry deny Manager may deny a private. kennel linens° upon finding that the esta of t the would re -e pub il;.lT 001-a would ad aff, th e health safety welfare or property yall<es of the person resirlinrt, living, 1✓ pr 9p@r-ty within the immed' a rea. Th fo rm of approval for a linense shall be a memoraHAUUm of approval from the, Gity Manager twly insure romplianro. d. Renew of LiGense. A Gepy-o the p r ivate kennel linens° shall bP fnr<yarilerl to the Gib, Glerk wh ✓ihali mn t win a register of ke n nel time li mitation set by the City Manager the Wanso shall b° valid fer a period of one year and until Oetobe Shall b- renewable on October 1 of earh y ear thereafter by the Gib, Gl erk upon payment of a renewal linense fee set forth by ( r Psnhlt 1 inn , only in the event nn n C�plah t regarding th ke nperat; h J b °en r @Geiyed „ring the li/.ep Cie yea�i t: o �ii� t that n xv it lJ � - ever° tienvf the Iieens is : Made-ear nnntemplaterl by the Git[i A/lanager the linense shall be renewable as set ORDINANCE NO. a. No new private kennel license will be issued on or after April 23, 2001. Those persons who were issued a private kennel license prior to April 23, 2001, may seek renewal of their private kennel license as set forth in this Chapter. b. Renewal of License. Application for renewal of a private kennel license shall be made annually on October 1 to the City Clerk who shall maintain a register of kennel licenses. The application shall state the name and address of the applicant, the property address or legal description of the kennel location, and the name, age, breed, and sex of each dog to be kept. Proof of current rabies vaccination for each dog and the applicable license fee as set forth by City Council resolution must accompany the application. A private kennel license shall only authorize the keeping of those animals listed on the license application approved prior to April 23, 2001. Nothing herein shall authorize the holder of a private kennel license to have additional animals, beyond those identified in the application for which the license was granted prior to April 23, 2001. At such time as the number of dogs on the licensed premises shall equal no more than two dogs, the license shall expire. A private kennel license shall be renewable only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this Chapter. c. Standards for Approval. An application for renewal of a private kennel license shall be reviewed by the City Clerk to insure compliance with this Chapter, with Chapter 19 of the City Ordinances, and with any condition imposed by the City Council at the time of issuance. ed. License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this i4rdin=oe, Chapter, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed by the City Council at the time of issuance. 2ITM. No far:li'i or fam W,AW,b in t4w keep rr Q r- edi fami c='' }�/e]7_ }^ 1 f age- aaZmllly dwelling umt - A-F A- „ T - �LG[11 ily p�s without CQiL12Z'Ig. a private-, VeHHeI ltlPY1 C,P ® ORDINANCE NO. � \ZT ded, �A`('yer, the sa i d f �f Circ exG �y� f am il y ine }may o prix � 1 Pl ese of pre YI��.Tiag aTJpi e, net to eed th ee Vt. s, iM v . ZhiW 1 N a plaGG [i1YlPr! the do ean be l egall y, sa felt' aa hl.: Hanna harbore Sec ien 1 1-09. K EEPING � CATr IQ T �£I3 —No fkmil.l ar il3 b shall keep, harb dblvellilRg unit or oia the family Premises ;;4theut ebtaining a private kennel hGense— h -A - 14eyer the said f u A r fiq ;,. mam ob tain a private - kernel lieease for- the plmese sar} be legally, safely, " hurnanely harbored.- Section 1 -108. LIMIT ON NUMBER OF CATS AND DOGS. Because the keeping of three (3) or more dogs or four (4) or more cats in the family dwelling unit or on the family premises is subiect to great abuse, causing discomfort to persons in the area, by way of smell, noise, hazard, and general aesthetic depreciation, and because the irresponsible maintenance of three (3) or more dogs or four (4) or more cats within a residential area has been the source of a variety of complaints, no family or family member shall keep, harbor, or have custody of more than two (2) dogs, or more than three (3) cats, or a combination of more than i four (4) animals exceeding six months of age in the family dwelling unit or on the family premises. Provided, however, those persons who were issued a private kennel license prior to April 23, 2001, may seek renewal of their private kennel license as provided in Section 1 -105. 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. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 29' day of May, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 19 of the City Ordinances Relating to 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: 1. ThYau or merc dog s, o;v ,,, old or 0 1 Or unier's -- k 4-t-A—in-ed More than two (2) dogs exceeding six months of age unless a private kennel license was issued prior to April 23, 2001, as set forth in Chapter 1 of the Brooklyn Center City Ordinances. 2. More than three (3) cats exceeding six months of age. 3. Any combination of more than four (4) animals exceeding six months of age. Sections 19 -104.3 through 19 -104.5 are renumbered to Sections 19 -104.4 through 19- 104.6, respectively. ORDINANCE NO. Section 2. This ordinance h be effective after adoption an shall opt 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.) City Council Agenda Item No. 9f MEMORANDUM DATE: April 18, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Staff Report RE: Twin Lake Park Improvements Twin Lake Park is proposed for improvements in 2002. There are a number of issues that have been discussed with the Park and Recreation Commission and which are also of interest to the Council and the community. This memo summarizes those issues and outlines the steps that will be taken in the next several months regarding this park and the proposed improvements. These issues include: • Specific improvements • Impact of TH 100 project • Park classification • Public input process Specific Improvements Certain specific improvements have already been identified for this park. The park shelter building should be replaced with a picnic shelter. Some of the playground equipment has been replaced with equipment salvaged from other parks; the entire playground apparatus should be replaced with the new style of equipment placed in the other parks. The long sandy beach has been a maintenance problem, and some or all of it should be replaced with some other type of shore edge type, such as native vegetation, lakewall, or riprap. Some portion of the beach could be maintained to allow for wading. The parking lot is in need of rehabilitation. There is some support for a DNR fishing pier at this park. The amount of $70,000 has been tentatively set aside in the CIP for improvements to this park. The estimated cost of shelter replacement is $20,000, and playground replacement is $30,000. The parking lot improvement would be completed as a part of the neighborhood street project programmed for that area in 2002. The beach replacement cost would not be known until there is agreement as to the particular shoreland improvements to be constructed. These improvements would be further developed using the typical park improvement process identified below. Impact of TH 100 Project The TH 100 may have a profound effect on Twin Lake Park. Construction of the interchange . at CSAH 81 will take up almost all of Robbinsdale's Lions Park on Lower Twin Lake. This park is owned by Mn /DOT and used as a park by conditional use permit. The park is a popular summer location for sunning, picnicking, wading and swimming, fishing, and generally hanging out by the lake. The popular boat launch has parking for about 15 vehicles with trailers, plus overflow parking on turf. During and after construction, no part of Lions Park will be available for general recreational and leisure uses, the boat launch will be moved to a shallower part of the lake, and the parking lot will be reduced in size to 12 spots, with no overflow parking. The 12 spots is all that is necessary for the three lakes based on the DNR's formula for determining the maximum number of watercraft per acre. After construction begins, Twin Lake Park will be the only substantial public parkland on Twin Lakes. It is expected that this will increase the number of visitors to Twin Lake Park. The parking lot there has only five spaces, one of which is a handicapped space, and there is no on- street parking allowed in that neighborhood during the summer. At Twin Lake Park, a portion of the park is located on Mn /DOT right of way by permit, and Mn /DOT will be using its right of way for storm water detention. This will decrease the size of the park. Further complicating matters, to construct the new Twin Lake bridge, Mn /DOT will be installing coffer dams at the narrows which will allow water to pass through but which would temporarily eliminate boat passage between Lower and Middle Twin Lake. This restriction would begin approximately October 1 this year, and would be in effect for about 1 -1/2 years. This means that boats desiring to use Middle or Upper Twin will either have to be docked or launched there. There is a boat launch on Middle Twin just north of the park, but there is no . boat or trailer parking allowed at the park or in the immediate neighborhood. There is a boat launch on Upper Twin with parking allowed on the street, but it is a shallow launch and is not heavily used. The Park and Recreation Commission discussed temporarily making provisions for trailer parking for users of the Middle Twin boat launch, but recommends against it. The Commission also discussed increasing the size of the parking lot to accommodate more users, but recommends only a modest increase in size, to six or eight spaces, depending on whether a fishing pier is installed. The Commission also was willing to consider providing possibly two trailer parking spaces at the park. Park Classification Twin Lake Park is classified as a Neighborhood Park in the Comprehensive Plan. However, based on the impacts to Robbinsdale's Lions Park, which was more of a regional amenity, the Park and Recreation Commission discussed whether the park should remain a Neighborhood Park, or be considered a hybrid of a Neighborhood Park and a Destination Park to recognize a larger purpose, that is, the last multi - purpose recreational public space on Twin Lakes. The Commission recommends that the park continue to be treated as a neighborhood park, and not a more regional amenity. Public Input Process In order to go forward with the planning process, information needs to be gathered. The neighborhood should be surveyed to obtain public input on the specific improvements, such as ® the type of playground equipment desired, the type of shore treatment desired, opinion regarding potential enhancements such as a DNR fishing pier, etc. We have not had the DNR out formally yet to evaluate whether the site is even suitable for a pier. This should be accomplished before the neighborhood is asked to consider this as an option. We need to further explore options and obtain cost estimates for the different types of shore treatments, and initiate discussions with the DNR and Corps regarding their requirements. After this information is gathered, the Park and Recreation Commission would hold a public meeting in early June to present proposals and obtain neighborhood feedback. A plan would be in place for inclusion in the draft CIP which is completed in August. e 'I �q;� 1G . ,,. p �, �4 "� + `R;m w ��,�5�� �' �� �:n , ^:'�ay ,. ii „d�' r �� I L�� � � �, .,. I o � � i j �r ��t.,., t�,.���,ah i µ, �'w t �•, � "�I ,� „�,,,�, �, i I �'�����, ' „w ih : n l ��; '• 0 'flolq ;d '.eta ��Ply a q. 11 hnk va il' f irm I � " `us e � I Ij[�� N � ” p'"' a�...*•' \ \\ �' �, ^�. ..y „ �.r :n If � �y�"'IN'k+4 vp Bi� 6:u ,11 q ' �I "'h4�F 1 r` • . ,+`°wM' � ;lr� � ,. k ` •y i C ? �A iafl��', ' '" j, { xi � i�' , , •: �W " ", v �`,' +i� „' ' `w.. w ( S IL f •r ,'A� ,, + M I l�� kw� �� ,�:, '�spsls►� � r .. 4 � 1 '�1 w , r . �. m e q : ` � �� � �� 1 �"� �” �,; +. ' 'AAA+++ F7 � d� � � � + •. i � �r' i�{., r �' x �. :A I ��a. �, � �� �ww ��„: �, " r . t �� ''; �`+ 4:C'I q I, i, ��'��' h , I � .' n• c „�T �� i t, ? '” a i ���,�� "��� � �` ���'�� , ' Vc 7 w � � ( i � ° . � „sit` ,• y a li�� _ r Y r'' a IR � M - J � • � ^ � y hII � I' F�'v ,yl� 1 ,:�� I :r0., F ,4� ) � ry I S I ►+ .:fl �g ,�I,,,, , ss ,gi � w �in� �„ � � g ' I'�d� 4 �'h, rt+'' ,.r'' r' ; ',r,�_ '��'"' �,�N �j °��• 1;r., �� C� "'� A , 1;4,; a fr la. {I A 7i • ?;, �C'�:' r l p Ml. '', " '�� j, I '; "�i�N��N I I " j, Bti 5 7 Z ! w +• y 3 I N : f y 06 t t �T" " 7 i r,'y`� I�rre ! M' r' "' �"� "'� ' .7�'"�}y t f r ,Q� qr N:' 'w e �u r 1 w g 1 ; " i 1 1 1 r +i' p m s >, ar, ,,. �' � � ' • '��; �� A,,, ,',� a.' ',� r, �`i.��'; �„ �., .. ",, " ' "'','A01 r� wPrw � "' , ' +` s �� ', w , �f ��7 �� � �';� e�" � ;y+ w"';,,•" ��,� �� � , T*9i ",' �� w '' i^T ^ 'g� � � . ,�n r� npr� � ��� h � y � ��` •;�M1.�.�k +..�� i • i P , ft',". o;*, „ K '�, ', ��,i tAyw' f (`� r� ,, +�.F „�f �. `.� y,t* M� r .,y�V 3 �:' P i itt �, ,. `\ 1 f4� '� M }�q *>wv! "'�1 a ' t � i t I . � , 'it �i NR'. P�r �� 4 I uG t,P,, I.4✓ '' * A ; r " ,.r,'�'Pk ,r. „1i vr� , i r i r r r d� ', , N r P' s „gw” y � ' k ♦ � , ho, , 7•� +� '�� " � s �' ,,� "�71 ! p.. r,r ' � • ' ' ^��. � , ! 'r'� P ^ ; +' A ��;���� ' ..4,r ,� t ,, F �' �' 4yq.•, �''�R.,� � y 1 *� *. .. k I x > w f '..4. \ Q �" � A'k r� ,; aw w� A R ♦ �. � , � �, � w' � �R n��� iV""'a� !• ,� n • r j �' �V ti ",� d •�� rt���'' ixx �' � � 1�y�,,,�;� � w�'1'�'� ��"� � r .,. .,� ��1 '�,., 0.�+ C \ �.� w} �� N �n �' w '\:�'. / r1 h, ,'� y w�, "°' � 1 � 1!.I -'f ,Z �4. ! Y� i w ' ' „t'•p' ?, ,r.E � �', ICY ',T+ ��' i � 1� w, e .� ' y ! � � � � ”" ��r� r 't �� 'I�"'.;((T � u `' r'•,K,, �� � � �� � �� �� � I, h' ^ *\ � 'Y ; •% x �� w' I � �, � * ` �, ` �* - M t l ► " �N/ ,' 't a qtr ' �, eP r- w, ,� ♦' �' 4 i 'r `�P4+, ,'� ,psi! '�� Y � � `�� P , . 'yl il !. �; � r p, �' . �' � •�' ' � r• r '�, �.�• �..t ^R�e' b , K r •'� � t�,, ,fir .k "�+ 1 A , . + 'Q y'),' Y , , �� C. , 7�Q�� l�+ . { • -,� �>w > ... b4' �,` A4M � ��,!y,'�r. �, '�• , ..,,,}R „!w V � � \ � C+, ��` � +Pr' �� , l ' �' � ITT'` � t it � '�y ' +* 1= +r Y a ' ' `y • �,� � � a 'VIP. 4r �' "'.r'�, " .ryc'�ti,�.,, �,� �i' �y i ll,. x��` 'N"` ^ , � ,�•'�' n '^ 1 '' 4 �ry I'� � � '' �l � � ♦ tr � r I 1p� i e �•We+ w " a T � r � .' " ' '� ,."�w �`kY ( i �A� x ✓M� �,+ ^� , '� i ' i " ' �',s'� ' ^u� .S�` ..,� � *"� . + � a � "r'1.•'. , 7 r. �' _� `�. � „�' is , � r3 •�• '"� l � uhlry ' i Pi r o .a '� Vo Q its • •. 5 � � � ft `' � ��' g1e• ,1N., r�', p¢ .�,�^�et' �p ����! 1i� '4t .J �'► � 6¢ .. y �+�^" ' ► " .�..lFw+^�i' ' ' L , Y� } � �'ar "sue w �'�M,�.tMl�''� I.w�. �� i�'�A�'iiN�9 �. \� 4 �' L '� , �.��t�.atll�' City Council Agenda Item No. 9g S . City Council 2001 Goals Goals are not in any order of priority. Goal 1: Support Brookdale Redevelopment By: • use of tax increment assistance • review and evaluation of land use applications • prompt construction and plan review /inspection • monitoring developer performance Status: Cary Counctl and EDA have revised agreeme nts and Restated andAmendedDevelo p meat Agreement has been executed Talisman has demolished northwest corner to prepare for construction of Old Navy, Barnes & Noble, and food court. Talisman is in process q f closing oil its financing. Goal 2: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated efforts of the police and community development departments • increased effort and focus on high - density areas, while continuing neighborhood enforcement • continuing to evaluate additional approaches to achieving improved compliance Status: Community Development and Police are preparing for annual code sweep. New neighborhood liaison has been hired. CEAP and HOME continue to participate in providing assistance to elderly and disabled in home maintenance and compliance with code enforcement orders. Goal 3: Increased Proactivity Towards Fighting Crime By: • increased visibility of police in neighborhoods and apartment complexes • continuing and expanding the participation rate in Neighborhood Watch programs • including public safety information in all City newsletters Status: Police Department has assigned liaisons to apartment complexes. Community Development, Police and City prosecutor have launched enforcement action directed at Summerchase's continuing problems. This has included apartment by apartment inspection, posting of unoccupied units, and numerous compliance orders. Community Development and Police Departments participate actively in ARM group. Participation in Neighborhood Watch continues at high level with efforts to maintain and increase participation. Public safety information is included in each City Watch newsletter. Goal 4: Actively Support Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • exploring responsible and credibly - financed development proposals • ensuring that plans support the long -term goals of the City's Comprehensive Plan • Status: EDA has selected a developer. All land has been acquired (American Legion will be in EDA possession shortly.) Developer is working on site submissions for planning approval. Draft development agreement is being reviewed. i Goal 5: Continue Planning For and Beginning Construction of Community Center and City Hall Work By: • developing final designs and cost estimates for the project • moving towards substantial construction of the project in 2001 Status: Conceptual plans reviewed with City Council, Park & Recreation Commission, and Financial Commission. Increased costs have required additional pre - design work to keep project scope affordable. Goal 6: Continue and Implement Long -Term Financial Planning By: • continued five -year planning for utilities and capital improvements • continuing /expanding five -year planning for other funds • reviewing and developing contingency planning • moving toward development of two to three year budget projections for the City • continuing to evaluate City priorities Status: This is part of budget and capital improvement plan process over the summer and fall. Goal 7: Support and Promote Major Road and Street Improvement Projects By: • starting the Brooklyn Boulevard project with the county in the year 2001 (completion in the year 2002) • Highway 100: - continuing to support and participate in the North Metro Mayor's Highway 100 Council - keeping project schedule with Mn /DOT • supporting and participating in the Highway 694 widening project, with improved sound walls, by Mn /DOT - supporting other arterial enhancements as opportunities arise Status: Brooklyn Blvd has started City continues to participate in North Metro Mayor's Highway 100 Council and work with MnDOT on 694. Goal 8: Plan for Destination Parks By: • development of a specific financial plan for destination park improvements in the Capital Improvement Plan Status: Capital Improvement Plan will be updated as part of summer /fall budget process. Destination park work will commence shortly at Evergreen Park. Grandview improvements are on hold pending further discussion with District 286 on their potential building plans. Goal 9: Support and Expand Joslyn Site Development By: • working with the developer to complete phases II and III • measuring compatibility of the proposed France Avenue routing with neighborhood /development Status: Phase H is under construction. Phase III will Commence this Spring. City Council has selected design for France Avenue. Goal 10: Continue Traffic Calming Efforts and Expand Information Available to the Public By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts Status: Police have increased traffic enforcement with 12 hour shifts in April. Efforts on education and traffac calming continue. Goal 11: Special Visioning Project to Create a Redevelopment Strategy Based on the City's Vision For the Future and Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • undertaking accomplishment of this goal in the Central Business District with the use of consultants who would facilitate public meetings and perform studies that would assist the City Council in developing a framework Status: Smart Growth process has begun. Consultants have begun familiarizing themselves with City and project area. City staff has provided information and assistance to consultants in assembling materials. Community Workshop scheduled for July 11th at 6:30 pm at Earle Brown Heritage Center. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 2000-227 SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 WHEREAS, the positions of Director Public Works, Director of Community Development, Community Activities Recreation and Services Director, Fire Chief, City Engineer, City Assessor, Assistant Finance Director, Liquor Operations Manager, Earle Brown Heritage Center Manager, and Police Administrative Manager were covered by a collective bargaining agreement; and WHEREAS, those positions have been decertified from recognition in a collective bargaining agreement unit; and WHEREAS, due to their prior status in a collective bargaining unit, no adjustment had been made in the 2001 salary ranges for those positions; and WHEREAS, Resolution No. 2000 -227 set salaries and benefits for the calendar year 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution No. 2000 -227 be and hereby is amended to adopt "Exhibit A" which is attached hereto and incorporated herein by reference as the correct sheets for the positions described in "Exhibit A" and be it further resolved that such adjustments to the pay ranges be made retroactive to January 1, 2001, and be it further resolved that the City Manager be and hereby is authorized to implement this resolution, consistent with Resolution No. 2000 -227, to provide salary increases effective as of January 1, 2001, for those positions set forth in "Exhibit A" that were not adjusted on January 1, 2001. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof- and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EXHIBIT A 2001 City Manager and Department Head pay plan Exempt from overtime (not eligible for overtime) 2•`.;`. kjL{ t iiL: i }::;:nL�:?iiti�tiY: +'vtititi:ti >.:: ?� �:•,.`,:•: "� •• • L' M4M1 ^:: �.`•:: hi`. �:•`.•' �: tii• ��vY•,: ii�•:?:.'•`.'. i}C ti : ?::iiLLviti ?v'.'. }:: ......:.:.x. ��] ♦}1�:�}(�}���{ �t ������ ; }yj�� .:. h....._..::: v.:.:.:.:... �.; � . • .:•.•. w : • . , :. v.: v.....:•:? :•::;•i;ii:3::6iii:'::?•:�i } };; •. }•yv;: n;::. ?v::::.};:; :;:• Yti;:• iYiIi: Fk1; k{ �1 =�:F:t���'�YK�i���i'CiI{::::L City Manager $ 97,850 2000 contract was $95,000 Assistant City Manager /HR Director $ 61,194 $ 75,574 Director of Fiscal & Support Services $ 72,000 $ 88,985 •iiti >.itiik'iviii�� � ' .bb.. }' �titi vti}:?':�iti• :i a �y;y�}y }�/��.y� �.'}y +.•: kv::: w::::: �:::: <?: }•.$Yi J'•�M1:;:`;.: •. ''iv`�ii . v. R. Fk: �i�iii1: L" is �: i$ i? vy.:.v.}vr.: ?`•�C ^::: •: -::. :.•:::::: •: •v: }: v >:: v::: }..,x, . ��.:....:•.,.. :: }}; ��: ....; .v.......:.,...... :.v:....:....,..•. 1����� :•:iliQ��ZS�lili2$? Works $ 72,000 $ 88,985 Director of Community Development $ 61,194 $ 75,574 Community Activities, Recreation, $ 60,450 $ 74,655 & Services Director Fire Chief $ 56,881 $ 70,248 Rate shown is from 2000 pending settlement of a contract for 2001. (Chief of Police ( $ 65,259 I $ 80,594 Salary setting authority: The City Manager is authorized to set salaries within the established ranges. i 4/23/01: 1999 City Manager Department Heads EXHIBIT A . 2001 Auxiliary Supervisors pay plan Exempt from overtime (not eligible for overtime) ::.: � :::>:::;«:>::>::>::::»>::>:>::>:<::<;;:.>;:.;:.;:<.;;:.;;:.;::.:: :<:.::.::. »:.:<.;:.::.;;:.;;;;; .. :::: �::..::«:.... ::««:: <:::: >< ... .::::.::.:::; ... t� ............:.Ste .............ate ...........::�,�t ::::.:::::::: .::::..:..: .:.::.:.::::.:: 5..... ............................... ::::. 1............................. ........:.:.:::.:::.::::::::::: .::.:: ::::::::.:::::............:.................: ......................:..:..... :::.:::, ....:..:........:..:::::.::..:................................:. ............................... I T35 City Engineer $ 5,163 $ 5,422 $ 5,693 $ 5,835 $ 5,981 $ 6,130 $ 6,284 T33 City Assessor $ 4,914 $ 5,160 $ 5,418 $ 5,553 $ 5,692 $ 5,834 $ 5,980 T31 Asst. Finance Dir. $ 4,677 $ 4,911 $ 5,157 $ 5,286 $ 5,418 $ 5,553 $ 5,692 T29 Liquor Operations Mgr. $ 4,453 $ 4,675 $ 4,909 $ 5,032 $ 5,158 $ 5,287 $ 5,419 1T26 EBHC Manager $ 4,134 $ 4,341 $ 4,558 $ 4,672 $ 4,789 $ 4,909 $ 5,031 �T20 Police Admin. Manager $ 3,565 $ 3,743 $ 3,930 $ 4,028 $ 4,129 $ 4,232 $ 4,338 Rate shown is from 2000 pending settlement of a contract for 2001. I T32 I Police Captain I $ 4,656 I $ 4,889 I $ 5,133 I $ 5,262 I $ 5,393 I $ 5,528 I $ 5,666 • Normal progression: Minimum is starting rate. After successful completion of 6 months of probationary period, individuals move to the next step. After 18 months of successful performance of job duties, individuals will move to the next step. Additional advances in steps up to the maximum shall be at the discretion of the City Manager, based upon recommendation by the Department Head. The City Manager may start employees above the minimum step based upon experience. City Managers Discretion: The City Manager is authorized to set salaries below the minimum rate when performance or qualifications are less than required for the position. The City Manager is authorized to set salaries above the minimum starting rate when qualifications exceed those required for the starting rate. 4/24/01 4:30 AM