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HomeMy WebLinkAbout2001 06-11 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION June 11, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Council Member Nelson: Twins stadium 3. Council Member Lasman: historical marker 69` & Brooklyn Boulevard 4. Miscellaneous 5. Adjourn WMichael McCauley study session item ... _ W._ .. _. Pa9e - 1 From: Kay Lasman To: Michael McCauley Date: 5/28/01 10:43AM Subject: study session item Item 2 on the study session: historical marker. In case I am not at the meeting by the time you address this item, the question is whether we could position a marker at this very historically significant intersection - timing is right for it, with the renewed interest in Brooklyn Center /Brooklyn Park history, and the recent publication of the Brooklyn's History book. The area of the intersection that the Howe Store /Brooklyn Center Store was located on was the southwest quadrant. Would there be a possiblity of placing a marker there? Phil Carruthers has contacted us in the past about this, and I agree that it would be a good time to consider it, if the Council agrees, and if it is legally possible. Thank you. I • ** REVISED ** CITY COUNCIL MEETING City of Brooklyn Center June 11 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 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. May 21, 2001 — Worksession with Financial Commission and New Council Member Orientation 2. May 29, 2001 - Study Session 3. May 29, 2001 - Regular Session b. Licenses C. Resolution Authorizing Use of Credit Cards I • ** REVISED ** CITY COUNCIL AGENDA -2- June 11, 2001 d. An Ordinance Vacating Certain Utility Easements in E & H PROPERTIES FIRST ADDITION, FARR'S FIRST ADDITION, Riverwood Estates on Willow Lane - Motion to approve first reading and set second reading and public hearing for July 9, 2001. e. Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #3 to XM Satellite Radio Inc. for the Purpose of Installing Digital FM Radio Antennas f. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 7. Recognition of Safety Patrols at Willow Lane Elementary School - Resolution Commending Safety Patrols at Willow Lane Elementary School •Requested Council Action: - Motion to adopt resolution. • 8. Planning Commission Items a. Planning Commission Application No. 2001 -012 Submitted by Opus Northwest, LLC. Request for Site and Building approval for a 109,000 sq. ft. industrial building at the northwest quadrant of Lakebreeze and France Avenues North. The Planning Commission recommended approval of this application at its May 31, 2001 meeting. *Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -012 subject to the conditions recommended by the Planning Commission. b. Planning Commission Application No. 2001 -013 Submitted by American Legion Post 630. Request for Site and Building Plan approval and a Special Use Permit to make modifications to, and occupy, the former Burger King building at 6110 Brooklyn Boulevard. The Planning Commission recommended approval of this application at its May 31, 2001 meeting. • Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -013 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Robert Neuenfeldt *Requested Council Action: - Motion to adopt resolution. I ** REVISED ** CITY COUNCIL AGENDA -3- June 11, 2001 b. Proclamation Declaring June 21, 2001, to Be Ernee McArthur Day • Requested Council Action: - Motion to adopt proclamation. C. Resolution for Security Transactions with Treasury Direct -Requested Council Action: - Motion to adopt resolution. d. Resolution Authorizing Change in Dental Insurance Provider to Delta Dental Plan of Minnesota • Requested Council Action: - Motion to adopt resolution. e. Rental License Fees • Requested Council Action: • - Council direction on next step. f. Staff Report Re: Watershed Second Generation Plan •Requested Council Action: -None, report only. g. Code Compliance Report • Requested Council Action: -None, report only. h. Report on Alcohol Compliance Checks • Requested Council Action: -None, report only. ** i. An Ordinance Authorizing the Sale of a Portion of Lots 8 and 9 Block 1 Lanes Brooklyn Center Addition, According to the Recorded Plat Thereof, Hennepin County, Minnesota by the City of Brooklyn Center to the EDA • Requested Council Action: - Motion to approve for first reading and set second reading and public hearing for July 9, 2001 10. Adjournment i City Council Agenda Item No. 6a S MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION MEETING WITH FINANCIAL COMMISSION AND NEW COUNCIL MEMBER ORIENTATION MAY 21, 2001 CONFERENCE ROOM B CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at Brooklyn Center City Hall in Conference Room B and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. S Financial Commission Members present were Financial Commission Chair Donn Escher, Financial Commissioners Jerry Blarney, Tim Elftmann, Gavin Wilkinson, and Lawrence Peterson. GENERAL DISCUSSION OF 2002 BUDGET PROCESS City Manager Michael McCauley discussed this worksession is to identify any Council issues that should be reflected in the budget discussions in August and September. At this time it is uncertain what course the Legislature will take, if any, on a Tax Bill. The House Tax Bill has severe implications for both operations and the tax increment districts and has very restrictive levy limits that are effectively retroactive. The impact is unknown but ranges from no increased levy in 2002 to a levy increase probably below 2 percent. The impact of the class rate compression would be to reduce the tax capacity in the TIF Districts in half. Mr. McCauley discussed the materials that were included in the agenda regarding a street light utility and that a street light utility could pay for expenses associated with street light operation, maintenance, and erection that are currently paid from the General Fund and capital sources. 05/21/01 -1- DRAFT • The Council and Financial Commission discussed where the residents would see the costs for a street light utility. Mr. McCauley responded that the resident's water bill would have an additional line added to their current bill. Councilmember Lasman indicated that she would like to see a breakdown of what the cost would be both ways regarding this issue. After further discussion it was the consensus of the Council and the Financial Commission to have the Financial Commission further explore this issue with City staff. Mr. McCauley discussed the tax burdens for 2001 and the retroactive levy limits if the House Tax Bill goes through, the pressures of the 2001 City Council goals, and the efficiencies occurring in general government and community development. Council further discussed the issues of the tax burdens and the levy limits. Councilmember Nelson raised the issue of having a user fee collected for cable use. Mr. McCauley responded that the Cable Commission had control of cable franchise revenues. Mayor Kragness indicated that she would like to see more factual numbers. Councilmember Lasman indicated that she would like to see levies at the lowest possible rate and to deliver the same service. Mayor Kragness inquired about the income from the liquor store and if another location is feasible. Mr. McCauley discussed that he would like to see the liquor store at the Cub Foods location in full operation for one year in order to consider if another liquor store if feasible. Mr. McCauley reviewed the rental housing issue that the Council previously discussed and informed the Council and the Financial Commission that an analysis is being put together and will be brought to Council by the June 11, 2001, meeting. UPDATE ON CIVIC CENTER PROJECT Mr. McCauley provided an update on the Civic Center project and informed the Council and Financial Commission that the Park and Recreation Commission made a recommendation to remove the Palmer Lake all season building from the current Capital Improvement Plan (CIP). That would free up $315,000 in funds. Mr. McCauley discussed an item that was not identified in the Civic Center project that had come to light was the deterioration of the railings and other metal in the pool area. Once reviewed it will be proposed to use funds from the Capital Reserve Emergency Fund. The approximate cost of retrofitting would be $60,000, and would leave the Capital Reserve Emergency Fund balance at approximately $140,000 above its target balance. 05/21/01 -2- DRAFT It was the consensus of the Council and the Financial Commission to have the 2001 -2005 CIP amended to reflect the recommendation of the Park and Recreation Commission to eliminate the Palmer Lake all season building and to use the Capital Reserve Emergency Fund to pay for the deteriorated metal replacement. Mr. McCauley informed the Council and the Financial Commission that this amendment would be put on a City Council agenda to establish the change. TWINS STADIUM Councilmember Peppe discussed the need for some commercial investment to the City of Brooklyn Center and the possibility of seeking input for a Twins Stadium. Councilmember Nelson agreed with the idea of a Twins Stadium and discussed the issues that would be raised such as safety and feasibility. Financial Commissioner Jerry Blarney raised the issue of the tens of millions of dollars that other cities could spend to get a stadium. Financial Commissioner Lawrence Peterson suggested that running shuttles from parking ramps in Minneapolis might be an option. Councilmember Peppe stated having a stadium in Brooklyn Center would be beneficial to all surrounding communities and that would be a great example for the City of Minneapolis. Financial Commissioner Gavin Wilkinson discussed that this issue would take a lot of partnerships. Councilmember Peppe indicated that yes it would take a lot of partnership and suggested talking is the first step. The Chamber of Commerce is welcoming to this venture and getting the attention of the North Convention Visitors Bureau would be beneficial in the starting process. Further discussion occurred on this issue. It was the consensus of the Council and the Financial Commission that no action be taken to expend money or staff time until after it is determined if the Twins would consider the Brooklyn Center location and the Legislature indicates funding will be provided. If those questions were answered affirmatively, the next step would be to have an analysis by Springsted and the Convention and Visitors Bureau, as well as us developing community support and partnership. A short break was provided and the meeting reconvened at 8:40 p.m. RECYCLING AND ANNUAL CLEAN -UP PROPOSAL FROM HENNEPIN RECYCLING GROUP Mr. McCauley informed the Financial Commission of the request from Hennepin Recycling Group to provide residents with the option of having curbside recycling and an annual citywide clean-up collection and discussed the request. After further discussion it was the consensus of the Council and the Financial Commission to have more information provided on the request to provide an annual citywide clean-up collection and proceed on carts for recycling. 05/21/01 -3- DRAFT MISCELLANEOUS ITEMS WITH THE FINANCIAL COMMISSION Councilmember Nelson encouraged the Financial Commissioners to attend the Smart Growth Regional and Community workshops on June 14, 2001, and July 11, 2001. The joint meeting with the Financial Commission ended at 9:05 p.m. NEW COUNCIL MEMBER ORIENTATION Council viewed a tape from Financial Management Institute and discussed. The Council discussed the goal setting process, the decision process, and Council protocols during meetings. Mr. McCauley outlined the open meeting law, and data practices law. It was determined that Councilmember Ricker would serve as a liaison for the Council on the Park and Recreation Commission and AMM. Councilmember Ricker requested to continue to attend ARM meetings. It was the consensus of the Council that would be adequate. MISCELLANEOUS Councilmember Nelson discussed that the Housing Commission is interested in providing a questionnaire for National Night Out. . ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the meeting at 10:29 p.m. City Clerk Mayor 05/21/01 -4- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 29, 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, Bob Peppe, and Tim Ricker. 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 City Council agenda items 6c, 6f, 6g, 6h, 7a, and Economic Development Authority item 4c. Councilmember Nelson requested that City Council agenda items 6f, Resolution Establishing Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements Project, and 6g, Resolution Establishing Improvement Project No. 2002 -04, France Avenue Relocation, removed from the Consent Agenda and added to Council Consideration. City Manager Michael McCauley discussed the materials for agenda item 7a, Public Hearing for Revisions to Animal Ordinances, and suggested that the language in the current ordinance be considered to be left as is, allowing three cats per household. Council discussed and was in consensus of leaving the current ordinance language allowing three cats per household. HISTORICAL MARKE 69TH AND BROOKLYN BOULEVARD The study session was adjourned before this item could be discussed. MISCELLANEOUS There were no miscellaneous items discussed. ADJOURNMENT The study session continued into the informal open forum at 6:45 p.m. City Clerk Mayor 05/29/01 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 29, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Yvette Ford, Community Liaison Representative for Mallard Creek Townhome Association, addressed the Council to discuss previous materials submitted to the Mayor, provided the Council with more materials regarding the health effects of noise, and to answer any questions the Council had regarding the request for help with noise on Unity Avenue between 69 and 73` Avenues. Mayor Kragness informed Ms. Ford that the information had been forwarded to the City Attorney and that the Chief of Police and City Attorney will be working together on ways to respond to the issue. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Nelson to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. ® 05/29/01 -1- DRAFT 4. ROLL CALL is Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Pond Dedication Ceremony on May 18, 2001, the Willow Lane DARE Graduation on May 22, 2001, and the Public Works Garage Open House on May 24, 2001. She also wanted to mention the unveiling of the Brooklyn Historical book that would take place on June 1, 2001, at Marquette Bank, and on June 2, 2001, at Brookdale Mall. Councilmember Peppe reported that the Council had a worksession on May 21, 2001, with the Financial Commission. Councilmember Nelson reported that he attended the Earle Brown Days Board of Directors meeting on May 15, 2001, and that the Earle Brown Days Event will begin on June 21, 2001 with a parade that evening and end on June 23, 2001, with fireworks that evening. On May 15, 2001, he attended the Housing Commission meeting and shared that the Housing Commission is looking forward to a questionnaire that will be distributed on National Night Out for input on housing and neighborhood concerns. On May 17, 2001, he attended the North Metro Highway 100 Council and informed the Council that he will no longer attend future sessions because the ultimate voting responsibility is in the hands of the Mayor and the City Manger only. Also on May 17, 2001, he attended the Northwest Suburbs Cable Communications Commission. On May 18, 2001, he attended the Centerbrook Pond Dedication Ceremony and participated in the planting of 500 trees at the Palmer Lake Preserve that was a part of the Tree City USA event. On May 22, 2001, he attended the DARE Graduation at Willow Lane, and on May 24, 2001, he attended an Ad Hoc Brooklyn Center Stadium Committee meeting. Mayor Kragness reviewed a portion of the minutes from the May 14, 2001, City Council meeting relating to the Brooklyn Center Corporate Centers II and III being negatively impacted by the orphanage proposal and wanted to encourage the community that the bonds that were passed at the May 14, 2001, City Council meeting will help the new owners continue to fix the buildings and increase occupancy. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Nelson requested to have Consent Agenda items 6f, Resolution Establishing Improvement Project Nos. 2002 -01, 02, and 03, Southwest Area Street, Storm Drainage, and Utility Improvements Project, and 6g, Resolution Establishing Improvement Project No. 2002 -04, France Avenue Relocation, removed and added to Council Consideration as items 9g and 9h. 05/29/01 -2- DRAFT ® City Manager Michael McCauley requested to have Council Consideration items 9a, Resolution Expressing Recognition and Appreciation for the 21 Years of Dedicated Public Service of Barbara Johnson with the City of Brooklyn Center, and 9b, Resolution Expressing Recognition and Appreciation for the 26 Years of Dedicated Public Service of Sergeant David Grass with the City of Brooklyn Center, moved and placed before the Public Hearing since both honorees were present. A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the May 14, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GASOLINE SERVICE STATION Hark's Company 1108 New Brighton Boulevard, Minneapolis MECHANICAL Heating and Cooling Two Inc. 18550 County Road 81, Maple Grove J.T. Enterprises 1400 Goose Lake Road, Gem Lake Knight Heating and Air Cond. 10413 61 St Street NE, Albertville Managed Services Inc. 6500 Oxford Street, St. Louis Park RENTAL Renewal: 2812 O'Henry Road Teresa Williams SIGN HANGER Arrow Sign Company 13735 Aberdeen St NE, Ham Lake TOBACCO RELATED PRODUCTS Hark's Company 1108 New Brighton Boulevard, Minneapolis 05/29/01 -3- DRAFT 6c. APPROVAL OF A SPECIAL EVENT 3.2 MALT LIQUOR LICENSE FOR SCOREBOARD PIZZA A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve an application for a special event 3.2 malt liquor licenses for Scoreboard Pizza. Motion passed unanimously. 6d. CONFIRMING MAYOR'S APPOINTMENT OF COUNCILMEMBER RICKER TO THE PARK AND RECREATION COMMISSION AND AMM A motion by Councilmember Nelson, seconded by Councilmember Lasman to confirm Mayor's appointment of Councilmember Ricker to the Park and Recreation Commission and AMM. Motion passed unanimously. 6e. RESOLUTION APPROVING FINAL PLAT, MEDTRONIC SHINGLE CREEK ADDITION RESOLUTION NO. 2001-69 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, MEDTRONIC SHINGLE CREEK ADDITION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT This item was removed and placed on Council Consideration as item 9g. 6g. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002-04, FRANCE AVENUE RELOCATION This item was removed and placed on Council Consideration as item 9h. 6h. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002- 05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT 05/29/01 -4- DRAFT RESOLUTION NO. 2001-70 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -05, 06, AND 07, GARDEN CITY SOUTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6i. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-71 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 21 YEARS OF DEDICATED PUBLIC SERVICE OF BARBARA JOHNSON WITH THE CITY OF BROOKLYN CENTER Councilmember Lasman read the resolution expressing recognition and appreciation for the 21 years of service of Barbara Johnson while Mayor Kragness presented her with a plaque. The Council applauded Ms. Johnson. RESOLUTION NO. 2001-72 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 21 YEARS OF DEDICATED PUBLIC SERVICE OF BARBARA JOHNSON WITH THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. I S 05/29/01 -5- DRAFT RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 26 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT DAVID GRASS WITH THE CITY OF BROOKLYN CENTER Councilmember Lasman read the resolution expressing recognition and appreciation for the 26 years of service of Sergeant David Grass while Mayor Kragness presented him with a plaque. The Council applauded Mr. Grass. RESOLUTION NO. 2001-73 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 26 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT DAVID GRASS WITH THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. PUBLIC HEARING 7a. 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 Mr. McCauley discussed the proposed ordinance amendments would eliminate private kennel licenses and reduce the maximum number of animals from a total of five to four with no more than two dogs in the four animal combination. For those persons who currently have private kennel licenses there would be a provision in the ordinance for them to keep their current animals and 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. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Ms. Klint, 5305 Irving Avenue North, addressed the Council to share she believes that the Council should allow people to keep the current number of animals listed in the ordinance. i 05/29/01 -6- DRAFT Dawn Chhuoy, 6200 Quail Avenue North, addressed the Council to discuss that she believes that the private kennel licenses should continue to be available and questioned the reason for the elimination of the dog licenses. Mayor Kragness informed Ms. Chhuoy that the Council has had several complaints received regarding the nuisance of dogs and that the issue has been on -going for many years. Ms. Chhuoy responded that she believes that persons who are not responsible should be the ones penalized, not the pet owners who are responsible. Mayor Kragness informed Ms. Chhuoy that the Council received a recommendation from the Chief of Police that the money accumulated for dog licensing was minimal and that staff time and money could be better utilized in other areas of the Police Department. Denise Mueller, 1601 70' Avenue North, addressed the Council to discuss that she has a concern with the ordinance amendment to reduce the number of animals to a total of four and wondered what will happen to those who have more than four animals. Tori Bolton, 6400 Fremont Avenue North, addressed the Council to state that she believes the ordinance should stay the way it is now. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. ® Councilmember Peppe discussed that this has been a tough issue for the Council and feels that the current ordinance allowing three cats would be fine with him. Councilmembers Lasman and Ricker agreed with Councilmember Peppe that three cats and standing firm on the limit of two dogs would be acceptable to them. Council consensus was to amend the language in Sections 1 -108 and 19 -104.3 as follows: 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 subject 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 five (5) 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 19- 104.3. Any combination of more than five (5) animals exceeding six months of age. 2 0 OS/ 9/ 1 -7 - DRAFT ORDINANCE NO. 2001-09 Councilmember Lasman introduced the following ordinance and moved its adoption with the language regarding the total number of animals of four to be amended to allow a total of five animals with no more than two dogs and three cats: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES RELATING TO PRIVATE KENNEL LICENSES AND LIMITATIONS ON ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. ORDINANCE NO. 2001 -10 Councilmember Lasman introduced the following ordinance and moved its adoption with the language regarding the total number of animals of four to be amended to allow a total of five animals with no more than two dogs and three cats: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES RELATING TO LIMITATIONS ON KEEPING OF ANIMALS The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2001-009 SUBMITTED BY BKV GROUP. REQUEST FOR REZONING AND SITE AND BUILDING PLAN APPROVAL THROUGH THE PLANNED UNIT DEVELOPMENT (PUD) PROCESS FOR THE DEVELOPMENT OF A FOUR BUILDING, 45,029 SQ. FT., MIXED USE COMMERCIAL/RETAIL DEVELOPMENT ON 5.6 ACRES LOCATED AT THE NORTHEAST CORNER OF 69 AVENUE NORTH AND BROOKLYN BOULEVARD. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 17, 2001 MEETING. 1. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-009 SUBMITTED BY BKV GROUP 05/29/01 -8- DRAFT 2. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) Mr. McCauley discussed that Planning Commission Application No. 2001 -009 submitted by BKV Group requesting for rezoning and site and building plan approval through the planned unit development (PUD) process for the development of a four building, 45,029 square foot mixed use commercial /retail development on 5.6 acres located at the northwest corner of W Avenue North and Brooklyn Boulevard, was recommended for approval by the Planning Commission at its May 17, 2001, meeting. This item would keep the process moving for the development at 69 and Brooklyn Boulevard and is combined with one of the items on the Economic Development Authority agenda. A resolution regarding the disposition of Planning Commission Application No. 2001 -009 and an ordinance that would need approval for first reading and setting second reading and public hearing for June 25, 2001, regarding the amendment to Chapter 35 regarding the zoning classification of certain land is included and recommended for approval. RESOLUTION NO. 2001-74 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2001-009 SUBMITTED BY BKV GROUP 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 Peppe to approve first reading of an ordinance amending Chapter 35 regarding the zoning classification of certain land (NE quadrant of 69" and Brooklyn Boulevard) and set second reading and public hearing for June 25, 2001. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2001-010 SUBMITTED BY LOUCKS ASSOCIATES. REQUEST FOR PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 5.6 ACRES OF LAND AT THE NORTHEAST CORNER OF 69 AVENUE NORTH AND BROOKLYN BOULEVARD INTO FOUR LOTS. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 16, 2001 MEETING. 05/29/01 -9- DRAFT Mr. McCauley discussed that Planning Commission Application No. 2001 -010 submitted by Loucks Associates requesting for preliminary plat approval to subdivide 5.6 acres of land at the northwest corner of 69"' Avenue North and Brooklyn Boulevard into four lots was recommended for approval by the Planning Commission at its meeting on May 16, 2001. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -010 subject to the following conditions. Motion passed unanimously. 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Approval of this preliminary plat is contingent upon approval of Planning Commission Application No. 2001 -009. 4. Appropriate cross access and cross parking agreements, as approved by the City Attorney, shall be developed and filed with the final plat. 5. The 60 -foot wide utility easement remaining after the vacation of June Avenue right of way shall be shown on the final plat. 6. The storm water retention plan proposed for the land comprehended under this preliminary plat shall be approved by the Shingle Creek Watershed Management Commission prior to final plat approval. 7. Building permits for construction of any of the buildings comprehended under Planning Commission Application No. 2001 -009 shall not be issued until the final plat has been approved by the City Council and filed with Hennepin County. 8c. PLANNING COMMISSION APPLICATION NO. 2001-011 SUBMITTED BY GPD ASSOCIATES. REQUEST FOR SITE AND BUILDING PLAN APPROVAL AND A SPECIAL USE PERMIT TO CONSTRUCT A 3,142 SQ. FT. COMBINED KENTUCKY FRIED CHICKEN AND A & W RESTAURANT ALONG BROOKLYN BOULEVARD, SOUTH OF 55 AVENUE NORTH. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 16, 2001 MEETING. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 011 submitted by GPD Associates requesting for site and building plan approval and a special use permit to construct a 3,142 square foot combined Kentucky Fried Chicken and A & W Restaurant along Brooklyn Boulevard, south of 55`' Avenue North. The Planning Commission recommended approval of this application subject to the following conditions: 05/29/01 -10- DRAFT 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. The final plat dividing this property into three lots shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 12. The plans shall be modified prior to the issuance of building permits to eliminate the indicated concrete wheel stops and to provide six additional parking spaces to the east end of the site. 13. A special use permit is granted for the convenience food restaurant proposal as indicated in this application. Any expansion or alteration of the use not comprehend by the Zoning Ordinance shall require an amendment to this special use permit. 05/29/01 -11- DRAFT 14. The special use permit is subject to all applicable codes, ordinance and regulations. Any violation thereof shall be grounds for revocation. Mayor Kragness asked if the right -of -way would be affected when dividing the property into three lots as defined in condition 11. Mr. Warren responded that the right -of -way will not be affected. Councilmember Ricker asked what would happen to the current KFC in Brooklyn Center. Mr. Warren responded that at this time he is not aware what will happen. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve Planning Commission Application No. 2001 -011 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 21 YEARS OF DEDICATED PUBLIC SERVICE OF BARBARA JOHNSON WITH THE CITY OF BROOKLYN CENTER This item was removed and put before public hearing item 7a. 9b. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 26 YEARS OF DEDICATED PUBLIC SERVICE OF SERGEANT DAVID GRASS WITH THE CITY OF BROOKLYN CENTER This item was removed and put after 9a, before the public hearing item 7a. 9c. AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY Mr. McCauley discussed the Council had received a request from a citizen to review and amend the City's ordinance regarding massage in public places. This ordinance amending Chapter 23 would add definitions for "bona fide health club ", "qualified ", and "recognized school" which would allow a person to administer massage in public places and includes exemptions from licensure for barber shops, hair or beauty salons, or for bona fide health clubs and would require a minimum of 500 hours of training in massage from a recognized school. A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve first reading and set second reading and public hearing for June 25, 2001. Motion passed unanimously. 05/29/01 -12- DRAFT 9d. RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING FOR A GRANT FOR A YOUTH ACTIVITIES CENTER AT GRANDVIEW PARK Mr. McCauley discussed this resolution would authorize execution of a grant agreement with the Department of Children, Families, and Learning to assist in the construction of a youth activities center at Grandview Park. This grant agreement provides a certain amount of flexibility in this area and the City would be agreeing to accomplish the objectives of the youth activities center and to expend the funds by December 31, 2002. The City would not be tied into the specifics of what was proposed in the grant application as long as the objectives are accomplished. RESOLUTION NO. 2001-75 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING FOR A GRANT FOR A YOUTH ACTIVITIES CENTER AT GRANDVIEW PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9e. STATUS REPORT RE: TH 100 PROJECT Public Works Director Diane Spector reported on the status of segment four that includes the Indiana Avenue neighborhood access, 47`'' Avenue intersection, phasing plan, and work with the 47`'' and 48" Avenue neighborhood and discussed the aesthetics for the project. Mayor Kragness raised a question regarding no railing along the west side bridge of France Avenue. Ms. Spector informed the Council that staff is having conversations with Mn/DOT to resolve the issue of no railing at that location. Ms. Spector discussed that SEH, the City's consultant, continues to work on plans for the Southwest completing area and is waiting on CP Rail to provide the final profile o f the bridge g and tracks before p letin g those lans. CP Rail is supposed to deliver the preliminary plans to Mn/DOT and the City b June 1 p pP p rY p tY Y 2001 after which SEH will complete the plans. As art of this area the Council is being asked to p p p g consider installation of decorative streetlights along Lakebreeze, Azelia, and 50"' Avenue North. There are also some retaining walls that would be required along 50' Avenue. The cost differential between the standard modular block wall and a cast in place wall with the ashlar texture is being investigated along with the cost of the decorative lights. 05/29/01 -13- DRAFT Ms. Spector requested direction from the Council regarding decorative streetlights. Mayor Kragness stated that she likes the idea of them. Councilmember Peppe stated that it would depend on the cost. Councilmember Ricker questioned the type of lighting that would be used if the decorative lights were not installed. Ms. Spector informed the Council that the same brass style that is currently used would be used. Councilmember Nelson asked when the construction would take place in segment four of the project. Ms. Spector informed the Council that there are several parts to segment four and that the Azelia Avenue, 50 Avenue North, and other areas of the France Avenue portion of the project will be first priority and finished in 2002. In October of 2002, a contract will be awarded for the frontage road bridge and construction would take place in the winter of 2002, and in the spring of 2003 the temporary signal at 53r Avenue will be installed. In 2004 the southbound lanes will be constructed. Mayor Kragness questioned when the railroad bridge construction would be done. Ms. Spector informed the Council that the work should be done in 2002 however might extend into 2003. Councilmember Lasman asked if the residents will be notified of the progress and what will be happening on this project. Ms. Spector informed the Council that residents will continue to receive mailing updates on the project. 9f. RESOLUTION AMENDING RIGHT -OF -WAY ACQUISITION AGREEMENT FOR WIDENING OF BROOKLYN BOULEVARD Mr. McCauley discussed this resolution would amend the right -of -way acquisition agreement for the widening of Brooklyn Boulevard and amends the cost sharing agreement the City has entered into with Hennepin County. Hennepin County is requesting the EDA to assist them in the acquisition and the settlement with Ryan Oldsmobile and Brookdale Dodge. A land exchange has been negotiated between the parties involved; however, the exchange is beyond the statutory authority of the County and is permissible for the EDA. Council discussed the area and what the costs would be to the City for this agreement. Mr. McCauley informed the Council that the costs should roughly be the same to go forward with the proposal as to have partial acquisition without a comprehensive solution. There may be some costs that are unknown at this time regarding damages to properties. Mayor Kragness asked if the dealerships involved are in favor of this agreement. Mr. McCauley discussed that yes the dealerships involved are in favor and have signed an agreement. RESOLUTION NO. 2001 -76 Councilmember Lasman introduced the following resolution and moved its adoption: 05/29/01 -14- DRAFT . RESOLUTION AMENDING RIGHT -OF -WAY ACQUISITION AGREEMENT FOR WIDENING OF BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9g. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT This item was removed from the Consent Agenda and placed on Council Consideration at the request of Councilmember Nelson. Councilmember Nelson requested to have this item explained by Mr. McCauley. Mr. McCauley discussed that this resolution would establish the improvement project for the southwest area street, storm drainage, and utility improvements. The Council had previously adopted the 2001 -2005 CIP; however, this substitution was a more cost effective way. RESOLUTION NO. 2001-77 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NOS. 2002 -01, 02, AND 03, SOUTHWEST AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS PROJECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9h. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 2002-04, FRANCE AVENUE RELOCATION This item was removed from the Consent Agenda and placed on Council Consideration at the request of Councilmember Nelson. Councilmember Nelson requested to have this item explained by Mr. McCauley. Mr. McCauley discussed this resolution is a housekeeping item and that last year SEH had been approved by the City Council for the work on this project. This resolution would establish the improvements, not authorize any work. RESOLUTION NO. 2001-78 Councilmember Peppe introduced the following resolution and moved its adoption: 05/29/01 -15- DRAFT RESOLUTION ESTABLISHING IMPROV - IMPROVEMENT N0.2002 04, FRANCE AVENUE RELOCATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10. ADJOURNMENT A motion b Councilmember y o cilmember Lasman, seconded by Councilmember Peppe to adjourn the City Y Council meeting at 8:29 p.m. Motion passed unanimously. City Clerk Mayor 05/29/01 -16- DRAFT City Council Agenda Item No. 6b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy C`it�y� Clerk DATE: June 6, 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 June 11, 2001. AMUSEMENT DEVICE OPERATOR Brooklyn Center Community Center 6301 Shingle Creek Parkway MECHANICAL Advantage Air 325 130''' Street West, Shakopee Harris Companies 909 Montreral Circle, St. Paul Minnesota Heating and Air 10701 93` Avenue North, Maple Grove Sharp Heating and A/C 4854 Central Avenue NE, Columbia Heights RENTAL Renewal: 1329 63` Lane North Ann Rockler Jackson 5107 Drew Ave North Douglas Williams 4210 Lakebreeze Avenue North James and Bobbie Simons 4216 Lakebreeze Avenue North Thomas Lee SIGN HANGER Schad Tracy Signs 325 Minnesota Ave, Oronoco TOBACCO RELATED PRODUCTS E.B.T. General Store 6120 Earle Brown Drive 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 - (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 - FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 6c ® Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING USE OF CREDIT CARDS WHEREAS, Minnesota Statutes Section 471.382 was adopted by the Minnesota Legislature; and WHEREAS, Section 471.382 provides that City Councils may authorize the use of credit cards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that subject to all other State Statutes, rules, and City policies applicable to purchases, the City Manager is hereby authorized to make purchases on behalf of the City by use of credit card and the City Manager is authorized to authorize any City Officer or employee who is otherwise authorized to make a purchase on behalf of the City to do so by use of credit card. 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. 6d s MEMORANDUM DATE: June 6, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: An Ordinance Vacating Certain Utility Easements in E & H PROPERTIES FIRST ADDITION and FARR'S FIRST ADDITION On March 9, 2001 the City Council approved the Preliminary Plat for RIVERWOOD ESTATES. Along with the platting, for the Eagle Crest Development, it is necessary to vacate the interior drainage and utility easements shown on the attached plat drawing. Consistant with the City Charter, the first reading for an ordinance vacating certain portions of drainage and utility easements for E & H PROPERTIES FIRST ADDITION and FARR' S FIRST ADDITION, is presented. • The second reading and public hearing are scheduled for July 9, 2001. • .2W Wal P.e1..imd sx� W LANE r J r J WILD n r � 1, ; yam �Y •,°;: °�,d arm (\ J J � c _ ;., .. - I ��; `,.• I , �_ �...�- ;,: -�'' °.�� �xer� ; w�: " °:� °, .�.YY ,... a .. °"`.. J y . t . _ °• y I v / � V n .. (J , _ I Q C . ...w,� ..., x.. 1 L - � I HIC�'lWAY NUNBER 252 t; I STATE ___-- - - - - -- t - -_ -- - -- 1 1 _ LI I _- X __ I ' --- n ' L ' n 1 ----------- - - - - -- -- - - - - ' F i l l vv�ll - - - -- nC> n- v 1\IV vl E Tn t r FAT J, A AI ^1 ^I[��In 0 as so• W S 1VI11v - - - -- roa,aos mm,mecssi.m i eeee 1 m 1 Riverwood 5/43/01 a �`• Westwood Professional Services, I nc. "' BBsenunt Sket& >s•xAx,Ymo�. "� "" Eagle Crest Northwest, Inc Estates Ed hYMSMNS5 Ra,e: fSL9A3150 Fm 9SN93]3A] P. a He. 1—ft ser ne.e ax x� ... lamrpd4, NlempoM 5549 arxxYlys cagey 111newY ® CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of July, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a public drainage and utility easement. 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 CERTAIN UTILITY EASEMENTS IN E & H PROPERTIES FIRST ADDITION, AND FARR'S FIRST ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The drainage and utility easements contained on Lot 1 and Lot 2, E AND H PROPERTIES ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota are hereby vacated. Section 2. The drainage and utility easement contained on Lot 1, Block 2, FARR'S FIRST ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota are hereby vacated. Section 3. 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 (Strikeouts indicate matter to be deleted, underline indicates new matter.) �s City Council Agenda Item No. 6e MEMORANDUM DATE: June 6, 2001 TO: Michael J. McCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #3 to XM Satellite Radio Inc. for the Purpose of Installing Digital FM Radio Antennas XM Satellite Radio Inc. has submitted an application to the City to place a digital radio antenna on water tower number three (Centerbrook Golf Course). The application was submitted along with the required $2,000 application fee. City staff, XM Satellite Radio Inc., KLM Inc. (the City's water tower consultant), and the City Attorney have developed a site lease agreement. City staff is currently finalizing review of XM's construction plans. XM will not be issued a building permit until staff approves the construction plans, the Site Lease agreement is executed, XM submits a $3,000 inspection escrow fund, XM pays for there portion of the electrical meter bank, XM pays a storage relocation fee, and XM or their contractor submits a restoration bond to ® cover construction activities. I recommend the City of Brooklyn Center authorize execution of a Site Lease agreement with XM Satellite Radio Inc. for the purpose of installing and maintaining a digital radio antenna on water tower number three. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #3 TO XM SATELLITE RADIO INC. FOR THE PURPOSE OF INSTALLING DIGITAL FM RADIO ANTENNAS WHEREAS, XM Satellite Radio Inc., a Delaware corporation, has submitted to the City a request to lease space in and on City water tower number three, along with the required $2,000 application fee; and WHEREAS, as compensation for the use of City facilities, XM Satellite Radio Inc. agrees to pay annual lease payment of $17,624.84. The payment shall be prorated for the first year then annually increased by 5 percent for twenty years represented by one five year lease period with three five year renewals; and WHEREAS, XM Satellite Radio Inc., the City Attorney, KLM Inc. (the City's water tower consultant), and staff have negotiated a lease agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: S 1. The lease agreement between XM Satellite Radio Inc. and the City of Brooklyn Center for the placing a digital radio antenna at water tower number three is hereby approved. The Mayor and City Manager are hereby authorized to execute said lease agreement. 2. All lease payments collected from said lease shall be deposited into the Water Utility Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. 6f MEMORANDUM DATE: June 6, 2001 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased tree at the following address is hereby declared to be a public nuisance: TREE PROPERTY OWNER_________________________ 6918 LOGA AVE N PROPERTY ADDRESS_______________ NUMBER _ _______ JAIME & TWILA MONCADA N 8 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. 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. 7 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION COMMENDING SAFETY PATROLS AT WILLOW LANE ELEMENTARY SCHOOL WHEREAS, the Willow Lane Safety Patrol members assist students in crossing at four locations to ensure their safe arrival coming to school each day and returning home safely after school; and WHEREAS, the Willow Lane Safety Patrol members were honored for their outstanding efforts and received the Outstanding Achievement Award at the annual Youth Safety Day conference on May 4, 2001, an event coordinated by the Minnesota Safety Council; and WHEREAS, Willow Lane Safety Patrol Captain, Stefani Egnell, was honored at the AAA National School Patrol Celebration in Washington, DC, May 4 -8, 2001, for her outstanding efforts as a safety patrol and the lifesaving effort she exhibited while on patrol last January; and WHEREAS, two of Willow Lane Elementary students have won awards in the local portion of the AAA 57"' Annual National School Safety Poster contest. Amanda Perkins won second place in the Jr. High Division and Alex Ryan won first place in the Elementary Division. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Willow Lane Safety Patrol members be and hereby are recognized for their hard work, dedication, and outstanding efforts and are congratulated on their achievements and honors received in 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. City Council Agenda Item No. 8a s MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning nd Zoning S ialist g g ec P Subject: City Council Consideration Item - Planning Commission Application No. 2001- 012 Date: June 6, 2001 On the June 11, 2001 City Council Agenda is Planning Commission Application No. 2001 -012 submitted by Opus Northwest, LLC requesting Site and Building Plan approval for a 109,000 sq. ft. industrial building at the northwest quadrant of Lakebreeze and France Avenues North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -012 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 31, 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 5 -17 -01 City Council Action Should Be Taken By 7 -16 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -012 Applicant: Opus Northwest, LLC Location: Northwest Quadrant of Lakebreeze Avenue North and France Avenue North (3900 Lakebreeze Avenue North) Request: Site and Building Plan Approval The applicant, Opus Northwest, LLC, on behalf of Twin Lakes III, LLC (Paul Hyde), is seeking site and building plan approval for the third phase of the redevelopment of the old Joslyn pole yard site and' surrounding property to the south. The property in question is zoned I -2 (General Industry) and is legally described as Lot 2, Block 1, Joslyn Second Addition.. This property was recently created through a plat which combined a portion of the old Joslyn pole yard, the Dale . Tile site, an off site parking lot for the Northwest Racquet Club, and a portion of the old Davies Water Company property. (Note: The Dale Tile building was demolished this past winter.) The property is bounded on the north by the Soo Line Railroad right of way; on the east by France Avenue right of way; on the south by Lakebreeze Avenue with the Denny's restaurant site and a part of the Northwest Racquet Club property on the opposite side of the street; and on the west by the site of the Twin Lakes II spec office /industrial building approved under Planning Commission No. 2000 -021. The applicant proposes in this third, and final, phase to construct a 109,000 sq. ft. speculative office /industrial building on this 8.7 acre site. The proposed use is a permitted use in the I -2 zoning district. R ACKGR OT TNT) The Joslyn pole yard property, as the Commission is aware, was listed as a Federal "Super Fund" site and has been undergoing a clean up of the property to an industrial standard under a supervised agreement with the Minnesota Pollution Control Agency (MPCA). The clean up has proceeded to a point where the U S Environmental Protection Agency delisted the Joslyn Manufacturing and Supply Company site (except the westerly portion) from the National Priority List. In June of 2000 the MPCA delisted the site (except for the westerly area) from the State of Minnesota's permanent list of priorities. As with the development of the Wicke's Distribution Center and the Twin Lakes II building, this proposal can proceed provided development on the former Joslyn site is consistent with the MPCA approval. We have requested the applicant to provide a letter from MPCA acknowledging that their plans are consistent with MPCA findings and recommendations. The applicant has complied with this request and submitted a letter requesting MPCA approval. We have not yet received this letter but expect to do so within the next week, hopefully prior to Planning Commission consideration of this matter. 5 -31 -01 Page 1 It should also be noted that the City has established a soils Tax Increment Financing district (TIF) to assist in the redevelopment of this property. This was in effect at the time of the Wickes Distribution Center development as well as the Twin Lakes II proposal and will be in effect with the final Phase III of the development plans. This site is also adjacent to a MNDOT planned upgrading of Trunk Highway 100 which includes a new France Avenue/T. H. 100 interchange. This is scheduled to begin in 2003 and will take approximately two years to complete. A connection between Azelia Avenue and France Avenue north of the railroad tracks is scheduled for construction in 2002. With these projects, France Avenue east of this site will no longer cross the Soo Line tracks at its current location. The grade of the railroad tracks at the current France Avenue crossing will be raised because of a new railroad overpass constructed at T. H. 100. This necessitates an at grade crossing westerly of the existing France Avenue, and the Azelia to 50 and France Avenue route has been chosen to meet this need and is being pursued. A( CPISR/PARKTNCT Access to the site in question is to be provided at two locations off Lakebreeze Avenue. The easterly access will be to the main parking lot, approximately at the center of the site. This access, at the present time, will be a full movement access. With the construction of the France Avenue overpass /interchange, a median will be constructed along Lakebreeze Avenue that will not allow full access to this site at this location. Access after completion of the median, will be limited to right in and right out only. A shared access with the Phase II building to the west will provide full access to Lakebreeze from these sites even after construction of the median. This will be a truck access as well to the two buildings. The City Engineer has indicated that the proposed easterly access will need to be relocated because it will conflict with an existing City lift station easement at that location. He is also recommending that a turn lane to the shared access be provided at least at the time Lakebreeze is upgraded with the France/T. H. 100 interchange construction. Parking is to be provided for the Phase III site primarily on the south and east sides of the building. The loading docks for the building will be on the north side. Access around the entire building is possible. Parking for this 109,000 sq. ft. facility is based on a combination of the office parking requirement (one space for every 200 sq. ft. of gross floor area) and the industrial parking'formula (one space for every 800 sq. ft. of gross floor area). The plan calls for up to 15 percent of the building to be office (16,350 sq. ft.) requiring 82 parking spaces and 85 percent industrial, manufacturing and warehouse space (92,650 sq. ft.) requiring 116 parking spaces. The total parking requirement for this building is, therefore, 198 parking spaces for the entire site. Two hundred sixteen parking spaces are shown on the site plan, seven of which are handicap accessible stalls (a surplus of 18 parking stalls). 5 -31 -01 Page 2 . The Commission may recall that a portion of what is now the Phase III lot was once owned by the Northwest Athletic Club located across Lakebreeze Avenue from this development. In 1986 the City approved Planning Commission Application No. 86003, which consisted of a special use permit to provide off site accessory parking for the racquet and swim club in order to accommodate expansion of the facility. A condition of that approval required a restrictive covenant encumbering 104 parking spaces on the off site lot for the sole use of the racquet and swim club. Such a declaration was executed and filed with the title to the property. This covenant still continues even though the ownership of the property has transferred to Twin Lakes III, LLC. The requirement for the 104 parking spaces must be provided for in this plan. The owner hopes to be able to lift this restriction in the future by possibly acquiring surplus property from the highway proj ect to accommodate this need. In the mean time, they have provided a proof of parking for 107 parking spaces on the north side of the property on a portion of the site that is proposed to be used for allowable outside storage for Toro, who will occupy a portion of the Phase II building (4830 Azelia). This part of the site will be blacktopped and separated by a chain link security fence. We believe it is possible to designate this area, which can support parking for more than 107 vehicles, as a proof of parking provided a proof of parking agreement is executed requiring the owner to provide additional parking upon notice by the City. In the mean time, existing parking can serve as overflow parking for the racquet club at the same time as serving the proposed building. The nature of the parking demand is such, we believe, as to accommodate the peak hour demand for the athletic club which is in the evenings and on weekends. B -612 curb and gutter is required around all driving and parking areas and is noted on the site plan. The loading dock areas are accessed from the common drive access to the west. The building elevations show that the potential for twelve loading docks along the north wall of the building servicing this site. Access to the office areas would be along the south and east elevations where more store front or office accommodations are provided. The plan should indicate that curb and gutter will tie into existing curb and gutter located to the west along the north curb line. GRATYNGr IDRATNAC'TF./IMUTES The applicant has provided a grading and drainage plan which will be tied into an overall drainage system for this entire area including the Phase II building and the Wickes Distribution Center further to the west. The applicant has received approval from the Shingle Creek Watershed Management Commission for a master plan providing a detention pond to service this overall area. The pond is located along the west side of Azelia Avenue, westerly of the Phase II building site. This overall plan has been previously submitted to the MPCA for their review and is acceptable. Plans call for working around containment areas and monitoring wells on the various sites, which will continue in order to monitor and treat ground water on the old Joslyn pole yard site. Drainage from the Phase III building and site will be handled by storm sewer which will collect water in catch basins, six of which are located on the north side of the site and are connected into an existing 24 inch storm sewer which will convey water to the detention 5 -31 -01 Page 3 pond area. Water will be collected in the south parking lot area and tied into, through two catch basins, an existing 30 inch storm sewer also which will be conveyed to the detention pond area westerly of Azelia Avenue. Roof drainage for the building is split with a portion being conveyed to the north storm sewer and the other to the south storm sewer. The Shingle Creek Watershed Commission will need to review the details of this plan prior to issuance of building permits. The City Engineer is reviewing the grading, drainage and utility plans and will be offering written comments, which will be attached to this report. Water service to the building will be on the north side connected to existing water main in the France Avenue right of way. Water main will loop this and the neighboring building to the west. Sanitary sewer will be provided on the south side of the building connecting to existing sanitary sewer iri the Lakebreeze Avenue right of way. The building is to be equipped with an automatic fire extinguishing system that meets NFPA standards and is required to be monitoring through a central monitoring device. The plan shows the building being serviced by a total of five hydrants, two of which are existing and lay along the property line separating this site from the Phase H site. Three proposed hydrants are shown, one immediately south of the main entrance to the building, another at the southeasterly corner of the site and a third at the northeasterly corner of the building. Further review of the number and location of fire hydrants by the Building Official and Fire Chief is in order. T.ANDSC'APTNG The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 8.7 acre site requires 552 landscape points. The applicant's proposal provides 598 points through a variety of plantings. The plan calls for 273 points in shade trees including Fallgold Black Ash, Hackberry, Imperial Locust and Swamp White Oak; 174 points in coniferous trees including Black Hills Spruce and Austrian Pine; 36 landscape points in ornamental trees including Amur Maple, Prairiefire Crabapple, Red Splendor Crabapple and Spring Snow Crabapple; and 115 landscape points in shrubs including Bush Honeysuckle, A. W. Spirea, Little Princess Spirea, Andorra Juniper and Sea Green Juniper. The landscaping is spread uniformly around the west, south and east sides of the site. The north side of the site is mostly blacktop and contains the loading dock area and the previously mentioned storage space for Toro and proof of parking area. The shade trees, coniferous trees and ornamental trees are planted in the green strip areas along the France Avenue and Lakebreeze right of way. Shrubs are contained in planting areas at the main entrance to the parking lot as well as the main entrance to the buildin g plantings . Foundation lantin s include shrubs and deciduous, shade and ornamental trees. These are provided for in soded areas around the west, south, east and northeast corner of the buildin g planting . Island lantin areas include shade trees and shrubs in the south parking lot. It should be noted that the actual landscaping point calculation is 645 points. The allowed 5 -31 -01 Page 4 distribution does not give credit for some of the shade trees planned for the site. All in all the total of landscape points would be 645 while allowable points are 598, both in excess of the minimum required. RT M .T)TNCT The applicant has provided building elevations and a floor plan for this speculative office /industrial building. The building elevations show the location of loading docks on the north side of the building and a more office /store front exterior along the south and east sides of the building. The exterior finish is to be a precast wall panel with 12 inch reveals and accent bands that are carried around the building. The south elevation provides glass entry doors and a store front type window at various locations. The building is identical to the Phase R building to the west of this site. T .TC'TT4TTNC -r/TR A ISH The applicant has submitted a lighting plan indicating compliance with City Ordinances. The plan shows a mixture of freestanding and wall mounted lighting. There are three double fixtured freestanding light poles in the south parking lot and ten wall mounted light fixtures, five of which are on the north wall (loading dock area), three are on the south wall and two on the east wall. The fixtures shown indicate a boxed type of fixture shielding light and directing it downward on the site. The foot candles shown on the lighting plan do not exceed those authorized by city ordinance. The ordinance requires that lights contain lenses, reflectors or shades so as to concentrate illumination on the property and to prevent glare off site. The lighting fixtures indicated should meet this standard as well. The plan does not show any outside trash area. Apparently trash will be contained within the building. If, however, there are trash facilities out of doors or compactors, they must be screened with a screening device that matches the building exterior and contains a solid opaque gate. The outside storage area for Toro indicated previously in the report is allowed per city ordinance. Screening of this area is only required if it abuts residentially zoned property, which is not the case. This application is for site and building plan approval and requires no public hearing, therefore, no notices of the Planning Commission's consideration have been sent. RED.OM VfFN Altogether the plans appear to be in order and approval of the application is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 5 -31 -01 Page 5 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of site improvements. 4. Any outside trash disposal facilities and roof top and on. ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is provided for handicap accessibility. Curb and gutter shall be indicated on the plan as tying into existing curb and gutter to the west, along the north curb line. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department 12. Storm water drainage systems and the detention pond shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. • 5 -31 -01 Page 6 14. The applicant shall provide written confirmation from the MPCA that the Phase III soil management plan is approved and further that the construction details are consistent with the MPCA's approval of the response action plan. 15. The plan shall be modified to relocate the easterly access in accordance with the recommendation of the City Engineer. i 16. The applicant shall enter into a proof of parking agreement with the City acknowledging the need for 104 additional parking spaces on the site and that they will install said parking upon a determination by the City that any or all parking spaces are required. Said proof of parking agreement shall be filed with the title to the property prior to the issuance of building permits. 5 -31 -01 Page 7 t w � .u� wi■n w� /foil � t.yo t },' „» �• a' i '�.W � ' C 4 c �i•� w t �, s� r j s - �,, • i� , f Lk ■ mill �� ►�i I �.. „y. 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PRELIMINARY PLAT OF LAW 71M1Y[Y.IY. csa.leolMa JOSLYN SECOND ADDITION • CITY OF - BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA i i NgMln MAP - CD IOl7U0 IM OOY11df M6 M 011NNE0 a e17• w1a u mm a wwo � � � •� - w..:S"iM'�"..t"+..'L 1.�..'i:�' `rte,. I ` an °awlo 7RL ooMnrsrt w M aww0 a W7a oe/oau � iC10 OD IW1C 7.L OaYeOR 11a M °slots a 1 UND J Y y Coco -• — — wa — aw"Ir - 71 11 1 � .�.:il i mo �r .w—w BLOCK i ``� '�- �., «+• r�.r � Z .. i . «e ..w ® �:OiCllliilllMU _�..fliwr0 0 �. 1 •O Ie �� I � ��� r l°°- wM�� lrurwn w• ..S ► ,.. ar FLOOD zone - � - ro anw wr�w: °w1m�w � rr am r wra� u "�iw e�.w •r �r � . n e.1 ",w..M..e .,...l.a unwlw aasnn• Yolaa Iroallwlnln ur wens w a wr- w-a �vrla.w OwIIr ueaw rw eer w tl q CuI/Ir awns j • { aam -slla woo wt11 -Mw[ 7�f� j — pwr IRS �wy1 ylwlls w Owp - MI 101 IMI V CMWFICATE OF SURVEY.- MEMORANDUM DATE: May 25, 2001 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: France Avenue Business Park - Building #3 I have reviewed the subject drawings dated 5 -17 -2001 and have the following comments to offer at this time. • The east entrance to Lakebreeze Avenue is shown centered over the City's sanitary lift station. This is not acceptable. The driveway entrance should be shifted to avoid the easement for the lift station. • The Minnesota Department of Transportation will be constructing a bridge over Highway 100 and reconstructing Lakebreeze at a higher grade to accommodate the bridge. The preliminary design was provided to the developer's engineer. The developer is responsible for verifying that the future Lakebreeze construction elevations are accommodated at the east entrance to the site. This entrance will become a right- in/right- out when Mn/DOT completes the center median on Lakebreeze in the summer of 2003. It is recommended that temporary bituminous curbs be used at the east entrance. • The City will consider a deceleration lane at the joint access when Lakebreeze Avenue is reconstructed. • The drainage appears to be generally consistent with the plan submitted with the Building #2 Site. Surface water runoff is directed into the pond located east of the Wickes building. Approval of the site and building plan should be contingent upon Shingle Creek Watershed review of the site. • An erosion control plan is required. • Sanitary sewer connection shown on the utility plan will require connecting to a sewer at a depth of 22 feet. This will require a lane closure on Lakebreeze Avenue. The Developer should be made aware that Lakebreeze Avenue shall remain open to traffic at all times and any traffic control shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices. • A gate valve is required at the connection to the existing water main at the west property line. • The Developer shall be required to enter into a Maintenance and Inspection Agreement. • The building permit should be subject to review of the Fire Chief. • As -built drawings are required, 0000 0.R•E•Rt 0 ,vC2". Thursday, May 9, 2001 Mr. Gerald J. Stahnke Project Manager, Site Remediation Section Metro District Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155 -4194 Re: Joslyn Site Redevelopment/Building 3 MPCA Project Number 9730 Dear .Mr. Stahnke: As you know, Twin Lakes III LLC is redeveloping the former Joslyn Manufacturing Company Site and is proceeding with the construction of the third building. In preparation for the redevelopment, Remediation Strategies Group LLC, d/b /a RER submitted plans for identifying and managing any contaminated soil or groundwater in the Developers Response Action Plan Addendum and Work Plan for Implementation, Joslyn Site — Lot 2 and Lot 3, dated January 14, 2000 submitted by Geomatrix Consultants (Addendum No. 4). Since Addendum No. 4 was approved by the MPCA (on February 18, 2000), the easterly portion of the former Joslyn Site and three additional properties, namely: the former Northwest Athletic Club parking lot (3650 Lakebreeze Avenue), the Davies Water Equipment Company (40 10 Lakebreeze Avenue), and the Dale Tile Company property (4825 France Avenue North) have been combined and replatted as Lots 1 and 2, Block 1, Joslyn Second Addition. A copy of the survey of Lots 1 and 2, Block 1, Joslyn Second Addition, dated September 25, 2000 is enclosed for reference. On October 31, 2000, RER and its development subsidiary, Twin Lakes III LLC submitted Addendum No. 5 the RAP detailing the additional response actions associated with the redevelopment of Lot 2, Block 1, Joslyn Second Addition (Building 3). The MPCA approved Developers RAP Addendum Number 5 by letter of November 15, 2000 subject to the disclaimers and modifications listed on Attachments A and B to the letter. On April 29, 2001, Geomatrix submitted Twin Lakes' plan to manage the soils in Grid Squares K 1 and L 1 where excavation, backfilling and compaction are necessary for the construction of Building 3. A copy is attached for your reference. Copies have also been 3060 Metropolitan Centre 333 South Seventh Street, Minneapolis, MN 55402 phone: (612) 904 -1513 fax: (612) 904 -1590 Mr. Gerald J. Stahnke Tuesday, May 9, 2001 Page 2 of 2 sent to Joslyn and its consultant, Barr Engineering Company with the request that Joslyn concur that the Plan is consistent with the applicable Declaration Of Restrictions And Covenants. A copy of the letter to Joslyn is also enclosed for completeness of reference. The general contractor, Opus Northwest L.L.C., has applied to the City for planning and building approvals to construct a 109,000 square foot industrial facility on Lot 2, Block 1, Joslyn Second Addition.. Twin Lakes III, RER and Opus are prepared to move ahead with the site preparation. The City is prepared to approve the project on the condition that the Building 3 Soil Management Plan is approved and the further condition that construction details are consistent with the Agency's approval of the Response Action Plan, including the Addenda. I am enclosing the latest plans for site preparation and civil work as follows: • Plan A 1'— is Site Plan • Plan C —1: Grading and Utility Plan • Plan L 1.0 Concept Planting Plan RER and Twin Lakes III respeetfully request your acknowledgment that the submitted work plans are approved as consistent with the Developers Response Action Plan and RAP Addenda. RER and Twin Lakes III also request approval of the plan for the management of soils in Grid Square K 1 and L 1 as described in the Geomatrix letter of April 29, 2001. Please feel free to call me with any questions. Sincerely, Maclay tIT40, . y Chairman cc: Ron Warren, Planning Director, City of Brooklyn Center Chris Thompson, Geomatrix Al Gebhard, Barr Engineering Carl Grabinski, Joslyn Manufacturing Co. City Council Agenda Item No. 8b MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren Planning and Zoning S ecialist g g P Subject: City Council Consideration Item - Planning Commission Application No. 2001- 013 Date: June 6, 2001 On the June 11, 2001 City Council Agenda is Planning Commission Application No. 2001 -013 submitted by the American Legion Post 630 requesting Site and Building Plan approval and a Special Use Permit to make modifications to, and occupy, the former Burger King building at 6110 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -013 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 31, 2001 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject sect to the conditions recommended by the Planning Commission. s Application Filed on 5 -18 -01 City Council Action Should Be Taken By 7 -17 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -013 Applicant: Steven A. Wacha (American Legion Post 630) Location: 6110 Brooklyn Boulevard Request: Site and Building Plan/Special Use Permit The applicant, Steven A. Wacha on behalf of Duoos Brothers American Legion Post 630, is seeking site and building plan approval and a special use permit to make modifications to and to occupy the former Burger King building at 6110 Brooklyn Boulevard for an American Legion Club. The property in question is zoned C -2 (Commerce) and is bounded on the north by C -1 zoned property containing a dental clinic; on the east by R -4 property containing townhomes; on the south by the Que Viet Restaurant; and on the west by Brooklyn Boulevard with C -1 and PUD /C -2 zoned property on the opposite side of the street. The American Legion is classified in the zoning ordinance under the category of "club rooms and lodges ". Such uses are special uses per Section 35 -322, Subdivision 3j. RAC'KGRO T-M Duoos Brothers American Legion Post 630 was formerly located at 4307 70 Avenue North. This property was acquired by the City of Brooklyn Center EDA as part of the 69 and Brooklyn Boulevard redevelopment project, which was approved under Planning Commission Application No. 2001 -009. As a result, the Legion was forced to relocate. They have reached agreement to acquire the former Burger King site and are now seeking a special use permit to occupy that building and site and building plan approval to make various modifications for the purpose of operating the American Legion Club at this location. Their plans are to modify the building by eliminating the drive up window and canopy formerly used by Burger King plus making some exterior modifications to the building. The City uses opportunities such as the need for a special use permit or site and building plan review to assure that a site is in compliance with current requirements of the zoning ordinance. This is being undertaken with this particular request. AC'C'RSSMARKTMr. Access to the site will remain unchanged and consists of two driveway openings onto Brooklyn Boulevard. The traffic flow around the site is in a counter clockwise manner as it was for the Burger King operation. The Legion Club has been advised that the south access point can only is be used as an entrance with the north access point being used only for exiting the site. 5 -31 -01 Page 1 Modifications to the flow of traffic around the building, or the desire to use both of these accesses for full traffic movement would require elimination of one of the access points to provide an in and out access at a single location. Such modification would have a major impact on parking for the site. The parking scheme will be that used by Burger King which includes 90 degree parking on either side of a concrete walk to the front of the building. Angled parking and a one -way drive lane are provided along the south property line as well as the north property line. Elimination of the drive thru canopy and concrete delineator makes it possible for the Legion Club to provide nine additional parking spaces along the north side of the site. Slight modification to a landscaped area will be made so as to accommodate this parking. The angled parking shown meets the minimum requirements for stall depth, width and driveway width contained in the zoning ordinance. Required parking for the building is based on the seating capacity of the bar and the seating capacity for a proposed meeting room used for induction ceremonies, general meetings and small banquets. The capacity of the meeting room is 38 people. The bar capacity is 52 seats and there will be six employees at the maximum shift. The parking requirement is based on a ratio of one parking stall for every two seats and employees in the bar area (29 spaces) and one parking space for every three seats in the meeting room area (13 spaces). The plan shows a total of 50 parking spaces provided, 46 regular spaces and four handicap spaces. Forty-two parking spaces are required to meet the minimum requirements of the zoning ordinance. There will, therefore, be eight surplus parking spaces on the site. The applicant is proposing to make no changes with respect to grading, drainage and utilities on the site. The site is bound by curb and gutter and water and sanitary sewer services are located in Brooklyn Boulevard and are connected to the existing building. The applicant will be resurfacing and patching various areas on the site where concrete pylons and the drive thru canopy area will be removed. Also, a low spot on the easterly side of the building will be filled and repaired. The area of the site is 31,449 sq. ft. or .72 acres. This plan does not require any 'Watershed Commission Review or comment. The City Engineer has received a copy of this plan but has indicated that he has few, or no, comments with respect to the proposal. LANDSC"APTNC', The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This .72 acre site requires 80 landscape points. They have provided a landscape analysis of existing landscaping on the site which comes to a total of 45.5 landscape points using the point system. They are proposing to add some additional landscaping to the site to reach the minimum of 80 landscape points. Their plan calls for providing new shrubs in the 5 -31 -01 Page 2 island area between the two access drives and new decorative trees at the north and south green strip areas on the site. The decorative trees proposed are Crabapple or Bradford Pear. Three new shade trees, Ginko Bilboa are proposed along the north green strip, two at the center of the site and the other at the northeast comer. They plan to relocate three decorative trees located by the former drive up window and provide ten additional decorative trees on the site. They also propose to retain as many shrubs that are located around the boundary of the property as possible and to add some additional shrubs to augment the existing landscaping and to bring the site into compliance with the landscape point system. RT MINN The Legion Club proposes to make some modifications to the exterior of the building and has submitted building elevations indicating the changes to be made. They will retain many of the store front type windows along the front or west elevation. They are proposing some new roof construction and plan to have a painted stucco on the upper portions of the building with brick along the lower portion. They will fill in some windows with new stucco exterior to match the other stucco proposed. They plan to have the American Legion crest over the front entrance to the building which will have a file background. The floor plan shows the meeting room and bar area, which will occupy the greatest portion of the building. They will be demolishing existing restrooms and making changes to meet codes and to upgrade the restroom facilities. The former kitchen area will not be used at the present time and they will demolish or remove unused equipment and cap all utility lines in this area. There is also an existing walk -in refrigerator cooler at the rear (east end) of the building that they intend to utilize. T .TGrT-TT A qN The Legion plans to utilize existing lighting on the site, which includes six existing light poles around the perimeter of the property. They also propose to light the north and south walls with wall sconces. Wall lights will be provided on the front to light up the entrance and sign area and two new, approximately 7 ft. high, light poles will be placed to the rear of the building in the location of the trash enclosure to light the drive lane going around that portion of the building. They also plan to erect an American flag, which will be lit with indirect lighting. It does not appear that the proposed lighting will be in conflict with the standards contained in the City's Zoning Ordinance for lighting. All lighting should be shaded or directed in such a way as to concentrate illumination on the site and not cause glare to adjoining properties. The site contains an existing trash enclosure which is a stucco finish to match the existing exterior. It also contains solid opaque gates consistent with the requirements for screening devices. A masonry screen wall located along the east property line is in need of some minor repair, which should be done in conjunction with other improvements to the site. 5 -31 -01 Page 3 9PFCTAT. TTR PFR STANDARDS The applicant has submitted a written explanation as to how they believe they meet the standards for special use permits contained in Section 35 -220 of the City's Zoning Ordinance (attached). These standards require that the proposed special use permit will promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minmiz traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. Their written comments note the American Legion's preamble states that as whole it will promote law and order and Americanism. They state that they are an organization dedicated to serving its countrymen and community and that the Post will maintain the establishment according to the law of the governing parties as required. They also note that their use will not damage the property but rather enhance the community. They note that the exterior of the building will be remodeled to better present itself, that signs will be tastefully done and comply with the City's code and additional landscaping will be added to further enhance the look of the property. They point out that little construction is being done to the existing building. It will not gain excessive height as to impede the sight lines of neighbors. Additional parking will be added to meet the minimum requirements of the code as well as the additional landscaping previously mentioned. They add that ingress and egress to the property has remained the same in a one way manner. Finally, the American Legion will conform to the codes set forth in the district which . they are located. They note that the American Legion has gone through the steps necessary with the governing agencies to assure that codes will be met. We would concur in general with the comments submitted by the Legion Club and we do believe that their proposal meets the standards for special use permits. contained in the City's Zoning Ordinance. Their modifications to the building are certainly acceptable and their proposed use appears to be a good reuse of the existing building. A public hearing has been scheduled with respect to the special use permit and notices have been sent to surrounding property owners. I have received one call in response to the notices of public hearing sent to surrounding property owners. Bobbie Simons who owns 6109, 11, 13 Beard Avenue North, a multi- residential building to the east of this site, is vehemently opposed to the location of the Legion Club at this site. She believes it is a totally inappropriate location for this use. She also stated she would bring a class action suit against the City if this use is allowed. She wanted this information conveyed to the Planning Commission as she might not be able to attend Thursday evening's meeting. is 5 -31 -01 Page 4 • REMAIMRN D ATTOW We.believe the plans are generally in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes. 2. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 3. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive all signery which is subject to Chapter 34 of the City Ordinances. S. The masonry screen wall on the east property line shall be repaired as part of the site improvements for this proposal. 6. A special use permit is granted for the American Legion to operate a Legion Club at 6110 Brooklyn Boulevard as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance nor by these approved plans, shall require an amendment to this special use permit. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 5 -31 -01 Page 5 w l4CTc V O PARx k- 00 A•= •r V PP.RK 9 • x r GAiWG' uTY � P ii S CHOOL " R5 C1 O R MA RLIN �Fd I. I I,� o PAAK C2 'u 11 01 IR RD. I I 4 n 63RD. 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I T • � �u Uu � u ASSOCOA — rES 119 north fourth street, suite 506 minneapolis mn 55401 (D612.335.8791 m 612.340.0019 p ry a; ,�, lid,. .;�• _ O Ole 0-1 1141 all It 11, „ 1 AMERICAN LEGION FRONT ELEVATION'- OPTION ONE A -3 1/8 1 1 r N o A g MERICAN LEGION � 6110 BROOKLYN BLVD E ° - . e u^ m QE® BROOKLYN CENTER, MN p ee..•I• {•. •.••• I�111 ®�� .t ��7 �N hu La la z a � i sm •� ��{ 1 rei•noeev uweraeeiJ3"w eser��!; OF VIA all a list rur r •w r.Y •• r 4 i � �ge�i •i a.` i � � 1•�li�! �� t 1 � i BR �K�,,,•+je` w 'W AMERICAN LEGION t o �• 6110 BROOKLYN BLVD E BROOKLYN CENTER, MN A 7+'3 7/M %0 7' OWN - -ua- . -WV" 3&311/ S/1NY& 3NNY�T' ' 'S'213N O 86.9 b& IY11/N/1 ahw mumm wo�is awa a sa+rr aivwo 1N3R36Yi AYLfl 7 3CNN�VYp 'L a 1 1 � 77T77'� r b 1 ee i / R • 01 n: —i i 5 . W_- _ Ilia • y . OKy �p,(t \pew BR ,� pE01GP�'0 / /ems FW AMERICAN LEGION (i o . 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X X X X Im 1 AMERICAN LEGION REFLECTED CEILING PLAN DATE: OL0.0, DRAWN BY. cEvou tr - otr f� r -a n,tr r -a tt/tr14or tr - otn' IF �+ �— —R u _ x y a - ASSOCIATES r-r 4 I T � � a•_x tp• 0 o m z :........ :.: 0 o K S sat ttrt to z O z MW SMUCRAL tr.r tthr Fr ' o0 0 wic t onsn roaw.rx : p� 0 m z ,oK ( I � < a Ile • � v To - -- - -- sr -x 1 AMERICAN LEGION ROOF PLAN DATE: 0.17.01 A -3 332 " =1' -0" DRAWN BY. fEK/blu �w � AMERICAN LEGION Q 4 .. 1a�� � 6110 BROOKLYN BLVD < m BROOKLYN CENTER, MN .n uv } ti r 1 � r r X INDS z is C D b X� ( FW AMERICAN LEGION oj. 6110 BROOKLYN BLVD Q BROOKLYN CENTER, MN • � IM+ Aft HA �� J '�'•'' ` T H M J � • Y ; , F 0 ' O 5 V' � 11.+ A0 sa I RR ASSOCIATES fbMt. wKf Ofi minmrpW6, mnfdWl / /// p •4l.fif.fiH tflf.flf.Mq t b C o BOOTHS W/ WOW t MALLS: WAINSCOT, 14• -9 J/e' _ p O FABRIC UPHOLSTERY PAINT t WALL p co m CwERING. z WEST INTERIOR ELEVATION x A-b C) 1 /4 "= 1 " -0" p z p z C.) m M z � KITCHEN AREA MA AGER's T TICE WWI 1's RESTROOM YEN'S RESTROOM �...� z p ' m z DOOR TO ELZ A B O 0 REFRIOGERATOR. PANELS EIECiRKX Z Q EAST INTERIOR 'ELEVATION 1/4 "= 1' -0" Ir qp O 1/4 V -0" WOMEN'S TOILET - ELEVATIONS r 1/4'= MEN'S TOILET - ELEVATIONS D 0° " A -b A-b 1' -0" DRA 8Y CO(/blll r L i Request for Special Use Permit - Section 35 -220 6110 Brooklyn Blvd Brooklyn Center, MN 55429 The American Legion's preamble states that it as a whole it will promote law and order and Americanism. It is an organization dedicated to serving its countrymen and community. The post will maintain the establishment according to the law of the governing parties as required. This special use will not damage the property. It will enhance the community. The exterior of the building will be remodeled to better present itself in the community. The signs will be tasteful and comply with code. Additional landscaping will be added to further enhance the look of the property. There is little construction done to the existing building. It will not be gaining excessive height as to impede the sight lines of the neighbors. Additional parking will be added to meet the code requirement, however, we are adding additional landscaping to.make up for lost landscaping. The ingress and egress of the property has remained a one way. The traffic enters at the south west comer of the property and exits at the north east corner. The American Legion will conform the codes set forth for the district in which they are a The A eri Leg ion aid its responsible p:.-t gone thn cs have i the steps with the loCa�eu. � u.. ...1.., .. �..... , responsible a Y governing agencies to ensure that the codes have been met. 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 DRAFT MAY 31, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Boeck at 7:29 p.m. ROLL CALL Chair Pro Tem Graydon Boeck, Commissioners John Whitehead, Dianne Reem, and Rex Newman. Chair Tim Willson, Stephen Erdmann, and Sean Rahn 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 MAY 17, 2001 Commissioner Newman requested the deletion of the names of the persons not present at the meeting from the list of those voting in favor of the action on Page 9. There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the May 17, 2001 meeting as amended. The motion passed. (Commissioner Reem abstained). CHAIR'S EXPLANATION Chair Pro Tem Boeck 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 -012 (OPUS NORTHWEST, LLC) Chair Pro Tem Boeck introduced Application No. 2001 -012, a request from Opus Northwest, LLC, on behalf of Twin Lakes III, LLC (Paul Hyde) to seek Site and Building Plan approval for the third phase of the redevelopment of the old Joslyn pole yard site and surrounding property to the south. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/31/01 for Application No. 2001 -012 attached.) The property in question is zoned I -2 (General Industry) and is legally described as Lot 2, Block 1, Joslyn Second Addition. This property was recently created through a plat which combined a portion of the old Joslyn pole yard, the Dale Tile site, an off site parking lot for the Northwest Racquet Club, and a portion of the old Davies Water Company property. The applicant proposes in this third, and final, phase to construct a 109,000 square foot speculative office /industrial building on this 8.7 -acre site. The proposed use is a permitted use in the I -2 zoning district. Staff recommends approval subject to 15 conditions. 5 -31 -01 Page 1 Mr. Warren noted the receipt of a letter from the MPCA stating the Phase III soil management plan is approved and that the construction details are consistent with the MPCA's approval of the response action plan. Commissioner Reem asked if parking would be affected if the tenant needs outside trash and screening. Mr. Warren responded parking should not be affected since there are other locations on the site where parking could be added. Commissioner Reem asked if they should add anything to proposed Condition 16 about the trash. Mr. Warren responded Condition 4 states it shall be appropriately screened from view. He stated as long as the proof of parking agreement is in effect there should not be a problem. He noted in order to enforce it, the city would need to give notice and time to accomplish the change. He added there is additional room and staff does not think they will have to use the 104 parking spaces. Mayor Pro Tern Boeck stated it is the applicant's responsibility to maintain the parking. Mr. Warren responded that in this situation the area is already blacktopped so it would be easier to add parking spaces if and when they might be needed. Mayor Pro Tern Boeck asked about proposed Condition 15 regarding the relocation of the driveway and whether there was a possibility for an alternative in order to maintain the integrity of the layout. He stated the cost could be borne by the applicant. Mr. Warren responded other options might work also. He stated the City Engineer thought it might be difficult to access and service the manhole. He noted they are open to suggestions by the developer. He added if the easement area is moved or the lift station modified it would be at the applicant's expense. Chair Pro Tem stated this matter does not require a public hearing. He noted he was aware that some persons present did have remarks regarding this site and the proposed building. He stated they should come forward and state their name and address. He added the Commission appreciates any remarks made. Mr. Bob Hill, 4701 Twin Lake Avenue, stated he is in favor of this development but he has a lot of issues with it. He noted one basic issue is with the overall design and how it has been pushed down the citizens' throats. He asked if they normally grant parking space deviations. Chair Pro Tern Boeck responded that parking requirements will be met in that there is space on the site to accommodate required parking. It just would not be installed at this time. Such arrangements have been used by the City in the past. Mr. Hill asked if a traffic study had been done and asked how this is going to work with regard to the relationship of the neighborhood and the France Avenue traffic. Chair Pro Tern responded he was not aware of a traffic study or if one is scheduled. He stated this location would contribute the least amount of traffic of any businesses in that area. He noted the building to the west might contribute some traffic. Mr. Warren stated that SEH had done a traffic analysis as part of their recommendations for T. H. 100 alternatives for France Avenue. He added they were aware of these proposed buildings and had taken into consideration the traffic that would be generated in this area. 5 -31 -01 Page 2 Mr. Hill asked if this facility would have a restriction for no unattached trailers. Chair Pro Tem Boeck responded there would be none unless allowed under the city ordinance. He stated Wickes was handled as a special situation because of residential abutment with the property. Mr. Warren noted that since this property does not abut a residential property at a property line or structure line, the ordinance does not require screening of outside storage. Mr. Hill asked why they screen trash, but not a junkyard for Toro. Mr. Warren responded the ordinance requires screening of trash containers. He stated screening of outside storage areas in this case is not required. The proposed storage is not junk or discarded material, but rather product. Storing of refuse, garbage, junk vehicles, etc. is prohibited by city ordinances. Mr. Hill stated the street in front of the entrances has an extreme amount of ponding and standing water. Chair Pro Tem Boeck stated it would be reconstructed as part of the France Avenue Highway 100 interchange improvement project. Mr. Hill stated they are creating a sea of asphalt and are putting the water all in a pond. He asked where the pond would go. Chair Pro Tem Boeck responded it is a detention pond to get rid of floatables. He stated it is part of an environmental program. He stated all sites that are developed now are required to have a detention pond. He noted that eventually the water goes into Twin Lake. Mr. Hill asked if the water goes through the Superfund site. Chair Pro Tem Boeck responded the water would drain through a conduit to Twin Lake. Mr. Warren stated some of the water would flow over land on the south side of the Wickes building to a wetland area that is not de- listed on the west side. He added this plan has been reviewed by Minnesota Pollution Control Agency and Shingle Creek Watershed Commission and they have found it to be acceptable. He noted it is consistent with these approvals and the applicable laws. ' Mr. Hill stated retention ponds are designed to overflow. Chair Pro Tem Boeck responded they are not designed to overflow. He stated they are designed with at least two feet of freeboard. Mr. Hill stated the location of the building eliminates all the possible alternatives for France Avenue. Chair Pro Tem Boeck responded that is not a consideration for this body. He stated that is the city council's consideration. He noted the Commission only has the site plan for consideration this evening. g Mr. Hill stated this body is responsible for planning and zoning. Chair Pro Tem Boeck responded they do not make final judgments on highway and reconstruction plans for MnDOT. Mr. Warren stated the plans approved by the City Council include the Azelia Avenue to 50 Avenue connection with an at -grade railroad crossing which will be under construction probably next year. He noted that plans for the frontage road along Highway 100 are not being pursued. 5 -31 -01 Page 3 Mr. Hill stated he is concerned about boat and trailer parking. He noted additional parking is need for the boat launch facility. Chair Pro Tem Boeck responded this is private property. He stated the owners would have to approve parking for boats and trailers. 0 Mr. Hill asked if they could request signs. Chair Pro Tem. Boeck responded they could ask the developer about it. Mr. Joe Mann, 5415 East Twin Lake Boulevard asked for clarification on the plans for France Avenue. Chair Pro Tern Boeck responded that is the route the city council and MnDOT have agreed upon as of this date. He stated this building does not encroach on the right of way of the existing France Avenue. He noted the site plan and plat previously approved accommodates and does not take any right of way from France Avenue. Ms. Diane Niesen, 5107 East Twin Lake Boulevard, stated she appreciates the opportunity to speak tonight to give comments and input. She noted they all have to live with what is decided. She added their concern is that this land is so different. She added the westerly portion of the Joslyn site is not totally de- listed from the Superfund List. She stated the Superfund area was supposed to be fenced. She noted that did not occur to keep people off of that contaminated area. She added she is concerned about whether the overall development is protective of them. She stated the Commissioners need to do their jobs. She noted she is concerned that the plan for the roads that the City Council is pursuing could prevent a road that is needed. Chair Pro Tern Boeck stated all the Planning Commission is considering this evening is approval of a site plan request for an industrial building. He noted they are not considering the reroute of France Avenue or Azelia. He added that is a matter for the City Council. Ms. Niesen stated the residents have looked at this site and where the water goes when it rains. She asked if the Commissioners have walked the site and looked at it when it rains. She noted they are trying to be protective of human health. She added she is concerned if something happens and the road does not go through that then this plan would hamper their access to Highway 100. She stated the plan is not final yet. She noted they should put this plan on hold. Chair Pro Tern Boeck stated they could not deny this request based on a future decision placed on that road. Mr. Warren stated this site has access to a public street and a plan for rerouting traffic is in place. This site plan complies with that plan. He noted if that roadway does not go through then some other alternative would have to be found if access was determined to be necessary. He added there is no moratorium on building development in this area. He stated there is no reason why the City should deny the site plan proposed. Mr. Mac Hyde stated he is one of the partners involved in this project, which has spanned a number of years. He noted this is a third and final phase. He added they take properties that are abandoned and have environmental issues, make certain they comply with PCA requirements and then develop them. He stated this property would be put back to use as an employer. He noted he would work with city staff to follow carefully the city ordinances. He added they look to be a e productive member of the community. He stated they intend to be a property owner in Brooklyn Center for many years to come. 5 -31 -01 Page 4 Commissioner Reem asked about Toro and the possibility of rusty trucks being a code enforcement issue. Mr. Warren responded inoperable, unlicensed vehicles are not allowed to be stored. He stated they could have trailers stored on an industrial site. He noted a trailer could not be used as an outside storage unit. He added the reason for the conditions on the Wickes site was that it abutted residential property. Chair Pro Tem Boeck asked how much detail the developers had on the lift station before they made these plans. Mr. Leith Dumas, 161 Timber Island Trail, Maple Plain, stated he was the engineer on the project. He noted the only part of the lift station that the site interferes with is an access manhole in the middle of the driveway. He added their plan is to adjust the height of the manhole, put a cover on it, and leave it in the driveway. He stated they do have alternative accesses if a truck accessing the manhole temporarily blocks this driveway. Commissioner Newman stated Condition 14 relating to the PCA letter should be deleted. Chair Pro Tern Boeck concurred. The Chair Pro Tern called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO APPROVE A_PPLICA,TION NO. 2001 -012 (OPUS NORTHWEST. LLC) There was a motion by Commissioner Newman, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2001 -012, submitted by Opus Northwest, LLC, on behalf of Twin Lakes 111, LLC (Paul Hyde) for site and building plan approval for the third phase of the redevelopment of the old Joslyn pole yard site and surrounding property to the south, subject to the following conditions: 1. The building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of site improvements. 4. Any outside trash disposal facilities and rooftop and on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscape areas to facilitate site maintenance. i 5 -31 -01 Page 5 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is provided for handicap accessibility. Curb and gutter shall be indicated on the plan as tying into existing curb and gutter to the west, along the north curb line. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. Storm water drainage systems and the detention pond shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The lan shall e p b modified to relocate the easterly access in accordance with the recommendation of the City of Engineer. 15. The applicant shall enter into a proof of parking agreement with the City acknowledging the need for 104 additional parking spaces on the site and that they will install said parking upon a determination by the City that any or all parking spaces are required. Said proof of parking agreement shall be filed with the title to the property prior to the issuance of building permits. Voting in favor: Chair Pro Tern Boeck, Commissioners Newman, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its June 11, 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. 2001-013 (AMERICAN LEGION POST 630) Chair Pro Tem Boeck introduced Application No. 2001 -013, a request from Steven A. Wacha, on behalf of Duoos Brothers American Legion Post 630 to seek site and building plan approval and a special use permit to make modifications to and to occupy the former Burger King building at 6110 Brooklyn Boulevard for an American Legion Club. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/31/01 for 5 -31 -01 Page I Application No. 2001 -013 attached) Duoos Brothers American Legion Post 630 was formerly located at 4307 70 Avenue North. This property was acquired by the City of Brooklyn Center EDA as part of the 69 and Brooklyn Boulevard redevelopment project, which was approved. e As a result, the Legion was forced to relocate. They have reached agreement to acquire the former Burger King site and are now seeking a special use permit to occupy that building and site and building plan approval to make various modifications for the purpose of operating the American Legion Club at this location. Their plans are to modify the building by eliminating the drive up window and canopy formerly used by Burger King plus making some exterior modifications to the building. Staff recommends approval subject to seven conditions. Commissioner Reem asked if the trees along the wall that are dying out would be addressed. Mr. Warren responded in the affirmative. The Chair Pro Tem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the application. PUBLIC HEARING — APPLICATION 2001 -013 There was a motion by Commissioner Reem, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2001 -013, at 9:22 p.m. The motion passed unanimously. Chair Pro Tem Boeck called for comments from the public. Ms. Bobbie Simons, owner of 6109, 6111 and 6113 Beard Avenue North, stated she told Mr. Warren what her concerns were. She noted they have tenants living in their building. She added S over the years they have had to contend with smelling the Burger King and the Vietnamese restaurant. She stated that within a few years they are going to have a restaurant. She noted it is unfair to people who live behind this site to smell this business. She added they have had to contend with people with boom boxes. She stated they are concerned about listening to the tanked up old folks coming out late at night. She asked if there would be loud music. Chair Pro Tem Boeck stated there is nothing in this request for any of the things that Ms. Simons is apparently concerned about. He noted there is nothing here for a restaurant. Ms. Simons stated she does not like the plan for this location because of the noise associated with the operation. She noted right next to her building is a four -plex and a townhouse building. She added they did not need the noise from an American Legion or VFW club. She stated she thinks they could put something else on the site that does not create such a big disturbance. Chair Pro Tem Boeck stated this building has extremely limited uses. Ms. Simons asked where the overflow parking is going to go. Chair Pro Tem Boeck responded they have a declining membership. Mr. Simons stated that if the Commission approves this application, she would start a class action suit against the city. Mr. Warren stated use of the kitchen, although not comprehended at this time, would be part of this application because it was previously allowed. He noted if the Commission wants to 5 -31 -01 Page 7 separate out use of the kitchen, they would need to state that specifically. He added it is a common part of an American Legion club to have a restaurant. He stated Burger King was already a restaurant. He noted if the Commission specifically wants the kitchen use to come back for a special use permit, than they should indicate that. Commissioner Whitehead asked if the main concern was possible odors. Ms. Simons stated the odors were a concern and so were the loud mouths and loud music. Mr. Warren stated a special use permit is not granted to violate any noise or odor regulations. He noted the city does not have regulations with respect to odor. He added Hennepin County might cover that under it's licensing. He stated that perhaps these comments should be directed to the Public Health Department of Hennepin County. He noted the special use permit does not authorize them to disturb the peace or violate noise ordinances. He added the things the American Legion plans to do would comply with all of the regulations. He stated there would need to be a special use permit granted for live entertainment, like a band. He noted there is a slim chance such a permit would be denied. He added if the Legion Club is creating a nuisance by an activity, then they would be subject to the same nuisance ordinances as anyone else. An unidentified gentleman, who gave his address as 3312 Lawrence Road, spoke in favor of the Legion Club proposal. He stated as citizens, we need to support those common men and women who did uncommon things. He noted that if they have asked to place a small building in my neighborhood, then he stands behind them. Ms. Joyce Wood, 6117 Beard Avenue, stated she is directly behind this site. She noted something has to go in there. She added the noise and smell was unbearable. She added the upper right corner that abuts her property has been a back door to Burger King for years. She stated they fixed the fence and the Burger King patrons knocked it down. She noted the block fence is going to fall down. She added it needs repair and painting. She stated the fence on the doctor's side is chain link and the red strips falling out looks very bad. She noted she thinks there could be worse uses than an American Legion Club. She added having fun makes a lot of noise. She stated there used to be a lot of burning of rubber and noise when the Burger King was there. Mr. Warren stated that it appears the chain link fence is on the clinic's property to the north. He noted that in terms of closing the opening in the fence, the Commission might want to recommend that the American Legion take care of it. Ms. Simons stated the blocked wall was sprayed several years ago. She noted the whole wall needs to be painted on their side since it looks very bad. Mr. Steve Wacha, 5724 Girard Avenue North, stated he is the Commander of the American Legion Post. He thanked everyone for his or her comments. He noted he thinks they would be better neighbors than the Burger King. He added boom boxes and drunken old people are not the style of the American Legion. He stated they have very good intentions to create a good impression. He noted the Doous brothers were killed in WWII. He added this post was named after these two Brooklyn Center residents that died for their country. He stated kids going to Burger King made the hole in the fence, but they would fix it. He noted they have not had police calls for anything major at their current location. He added he had called the police once at the 5 -31 -01 Page 8 old club. He stated if there are problems with noise in the parking lot the neighbors should call the Commander. He noted they would probably not want to be serving food beyond 8:00 p.m. at night if they ever decide to have food. He added they are a small club with light lunches. He thanked the Commissioners for their time. Commissioner Newman asked if the membership was open. Commander Wacha responded they could restrict access since they are a private club, but they let people come in. He stated one would have to be a veteran to join. He noted a person could join the Sons of the American Legion if they had an uncle or father, who was a veteran. He added he appreciates having the neighbors come in since it is a neighborhood type of establishment. Commissioner Newman asked if they had a liquor license. Commander Wacha responded they have a permit. Mr. Warren stated they have a club license, which is a special application. He noted the cost is substantially less and there is a requirement that it be for a legion or fraternal organization. He added there are certain standards to qualify for a club license. He stated this is a special category within the city's liquor licenses. Commander Wacha stated it is not a public bar. He noted everyone would have to register as a guest. Commissioner Whitehead asked if there would be small banquets. Commander Wacha responded there is a small meeting room. He stated it could be used for somebody's retirement party or fantasy football leagues. He noted it is small with only 30 seats. He added they have two meetings a month. He stated there is some use by little leagues or youth football for meetings. Commissioner Whitehead asked about overflow crowds and how they would handle parking. Commander Wacha stated they would like to have that as an issue. He noted it is a concern they would have to address. Ms. Pat Labelle, 3319 61" Avenue, asked what there membership was. Commander Wacha responded there are 250 members, with the auxiliary and the Sons of American Legion there are 400 members. He stated there have been 20 people at the biggest membership meeting he has had. He noted a lot of their members are not that agile. He added many could not get out of the house. Ms. Labelle asked how many people would be there on a Saturday afternoon. Commander Wacha responded on a Friday or Saturday by 11:00 p.m. there is nobody at the club. Ms. Labelle asked about their busiest times. Commander Wacha responded Saturday afternoon is their busiest time, but they could not exceed the occupancy limit on the building. He stated the best they have ever seen is 50 people. He noted it is not a Benchwarmer Bob's. Ms. Labelle stated she is concerned about parking. • Commander Wacha stated the would not exceed the occupancy because of the fire code. Y p Y 5 -31 -01 Page 9 Ms. Wood asked if this would be a purchase or a lease. Commander Wacha stated they are purchasing the site. He noted they still pay taxes even thought they are non - profit business. He added the taxes were a big concern. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001-013. CLOSE PUBLIC HEARING There was a motion by Commissioner Whitehead, seconded by Commissioner Reem, to close the public hearing on Application 2001 -013, at 9:52 p.m. The motion passed unanimously. Commissioner Newman asked about the language regarding a restaurant. Chair Pro Tern Boeck responded he would like to see it added. He suggested a Condition 6 that the American Legion must apply for a special use permit in order to use the kitchen. Chair Pro Tem Boeck asked if there was a special use prior to this application. Mr. Warren responded a fast food restaurant could have used this building "as is" without a special use permit. He stated that there was already one granted for a restaurant. Chair Pro Tem. Boeck asked if they need additional language to cover a restaurant. Mr. Warren responded he believes they already have the right to have a restaurant. He stated they would need to get a food establishment license from Hennepin County to be able to serve food on site. He noted that if the Commission wanted to make findings and add a condition it would be the Commission's call. Chair Pro Tem. Boeck asked if the club could have restaurant without further application. The Commissioners concurred that there needed to be no additional language. Mr. Warren stated the Commission might want to be more inclusive regarding improvements of the masonry wall. Commissioner Newman stated they should get the hole in the fence closed. He noted they should add language to Condition 5 stating that the existing gap in the fence to the adjoining residential property must be closed. Commissioner Whitehead asked if the fence was part of their property. Mr. Warren responded they could close the gap, even if it is not their fence. He stated he could not imagine the neighbors objecting. The Chair Pro Tern called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the application. ACTION TO APPROVE APPLICATION NO. 2001-013 (AMERCIAN LEGION POST 630) There was a motion by Commissioner Newman, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 2001 -013, submitted by Steven A. Wacha on behalf of Duoos Brothers American Legion Post 630, for site and building plan 5 -31 -01 Page 10 approval and a special use permit to make modifications to and to occupy the former Burger King building at 6110 Brooklyn Boulevard for an American Legion Club, subject to the following conditions: 1. The building plans are subject to review and approval b the Building Official with g p J pp Y g respect to applicable codes prior to the issuance of permits. 2. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 3. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive all signery which is subject to Chapter 34 of the City Ordinances. 5. The masonry screen wall on the east property line and the gap in the fence on the adjoining property shall be repaired as part of the site improvements for this proposal. 6. A special use permit is granted for the American Legion to operate a Legion Club at 6110 Brooklyn Boulevard as indicated in this application. Any expansion or alteration of the use not comprehended by the Zoning Ordinance nor by these approved plans, shall require an amendment to this special use permit. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be ground for revocation. Voting in favor: Chair Pro Tem Boeck, Commissioners Newman, Reem, and Whitehead. The motion passed. The Council will consider the recommendation at its June 11, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren explained Plan D for the Eagle Crest proposal, which needs approval. He stated it is another floor plan that would be considered. There was a motion by Chair Pro Tem Boeck, seconded by Commissioner Whitehead, to recommend to the Council that it approve Plan D for the Eagle Crest proposal. Voting in favor: Chair Pro Tem Boeck, Commissioners Newman, Reem, and Whitehead. Commissioner Reem stated it was good that they followed through and complied with the request to bring it in front of the Commission. 5 -31 -01 Page 11 Mr. Warren stated the project would be moving forward this summer. Commissioner Reem asked about Applebee's brick wall. Mr. Warren responded the wall belongs to Brookdale. Commissioner Reem asked about the landscaping around Applebee's. Mr. Warren responded that it is not finished. He stated there is supposed to be a decorative finish on it. He noted it is Brookdale's responsibility. He added Xerxes is mostly a public right of way so there could not be a lot of landscaping. Commissioner Reem stated it looks bad now. There was no other business. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to adj ourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:06 p.m. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. 5 -31 -01 Page 12 City Council Agenda Item No. 9a MEMORANDUM DATE: June 6, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Worksb SUBJECT: Resolution Expressing Recognition of and Appreciation for the Dedicated Public Service of Robert Neuenfeldt Bob Neuenfeldt has worked for the City of4 Brooklyn Center as an Engineering Technician III I since May 11, 1987. Bob was first brought on board to implement the City's first Geographic a Information System (GIS) mapping application, UltiMap. When UltiMap was replaced with the more user friendly ArcView, the City contracted with LOGIS to maintain our geographic database, f distributed thematic mapping to various departments, and administration of mapping was shifted to the Public Works Specialist. When the Neighborhood Street and Utility Improvement Program began, he shifted full time to design, survey, and inspections. Bob has been an integral part of the engineering Bob Neuenfeldt (center) working with the technician team, mastering AutoCAD computer- survey crew on last years' construction project. aided design, and leading the switch from traditional surveying to computerized total station surveying. Total station surveying has allowed us to greatly reduce the time involved in completing field work and in construction staking, allowing more time for design and inspections. Bob has also performed traffic counts, accident surveys, special studies, and miscellaneous other engineering duties. Bob is leaving the public sector to join a private engineering firm as a land surveyor. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT NEUENFELDT WHEREAS, Robert Neuenfeldt has been an employee of the City of Brooklyn Center in the Engineering Division of the Public Works Department from May 11, 1987 to June 15, 2001; and WHEREAS, Robert Neuenfeldt has faithfully served the residents of the City of Brooklyn Center by providing mapping, surveying, construction design and construction inspection, traffic counting, accident surveying, and other miscellaneous engineering duties; and WHEREAS, his dedicated public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that his service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the dedicated public service of Robert Neuenfeldt is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9b PROCLAMATION DECLARING JUNE 21, 2001, TO BE ERNES MCARTHUR DAY WHEREAS, Ernee McArthur helped organize the Brooklyn Center Chamber of Commerce in 1963 and ran its office from her home for seven years; and WHEREAS, Ernee McArthur chaired the Brooklyn Historical Society's first "Major Event of Historical Significance" at the Earle Brown Farm in 1970 with 3,000 in attendance; and WHEREAS, Ernee McArthur has volunteered with the League of Women Voters; the Brooklyn Historical Society; Brooklyn Center Charter Commission; North Hennepin Business and Professional Women's Club; Our Lady of Victory Catholic Church; advisory committees for Brooklyn Center High School and North Hennepin Junior College; Earle Brown School PTA; and North Suburban Community Theatre; and WHEREAS, Ernee McArthur produced the history boob of Brooklyn Center and Brooklyn Parr called Tie Brooklyns; and WHEREAS, it is highly appropriate that her service to the community should be recognized and expressed; and WHEREAS, in recognition of her commitment to community service and volunteerism in Brooklyn Center, the Brooklyn Center Lions Club have selected her to be Grand Marshal of the 2001 Earle Brown Days Festival Parade. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim June 21, 2001, to be ERNES MCARTHUR DAY throughout the city of Brooklyn Center. Date Mayor ATTEST: City Clerk City Council Agenda Item No. 9c �► Memorandum Date: May 29, 2001 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal d Support Services RE: Resolution for Security Transactions Attached is a proposed resolution and resolution form required by the Department of the Treasury, Bureau of Public Debt, to effect changes to the individuals authorized to make investment purchase /sale of treasury securities on behalf of the City. We have identified the City Manager, Director of Fiscal and Support Services and the Assistant Director of Finance as named individuals, by position, to have such authority. Following adoption of the resolution, the City Clerk would be authorized to sign and affix the city's seal certifying the adoption of the resolution. Request the resolution be placed before the City Council for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION FOR SECURITY TRANSACTIONS WITH TREASURY DIRECT WHEREAS, the Department of the Treasury, at a minimum, requires adoption of a resolution annually identifying agents authorized to transact investment transactions on behalf of the City; and WHEREAS, recent staff changes require that a new resolution identifying individuals authorized to make investment transactions be adopted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Resolution for Security Transactions as required by the Department of Treasury, Bureau of Public Debt is hereby adopted and such document is attached to and made part of this resolution. 2. The City Clerk is hereby authorized and directed to execute the Resolution for Security Transactions on behalf of the City. Date Mayor ATTEST: City Clerk The motion for adoption of the forgoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against same: whereupon said resolution was declared duly passed and adopted. PD F 5189 OMB No. 1535 -0069 Department of the Treasury Bureau of the Public Debt t RESOLUTION FOR SECURITY (Revised April 2000) .� of ®RY TRANSACTIONS °Na o� www. trea su ryd i rect. gov 1 -800- 943 -6864 (Electronic Services) SEE INSTRUCTIONS - TYPE OR PRINT IN INK ONLY - NO ALTERATIONS OR CORRECTIONS 1. TreasuryDirect ACCOUNT INFORMATION l FqR DrPAFiTMNT USE TreasuryDirect ACCOUNT NUMBER � 1 8 1 0 1 0 1— 1 — 1 18 P 1 11 ACCOUNTNAMFC1ty of Brooklyn Center - A POblic Corporation DOCUMENT AUTHORITY APPROVED BY This resolution is in effect for ALL securities maintained in this account during the term of authorization. 2. RESOLUTION I (Provide the names and titles of individuals being granted authority. If more than one individual is named and all must sign, use "and" between the names. If any one of the individuals may sign, use "or" between the names.) DATE APPROVED Resolved that: Douglas Sell, Director of Fiscal and Support Services; or Michael J McCauley, City Mana §gr; or Robert Sundberg, Assistant Director of Finance EXPIRATION DATE is /are authorized to perform any transactions for the account described above [including, but not limited to, change of payment information; transfer or sale of securities; purchase by ACH debit (Pay Direct); or reinvestments]. The authorized individual(s) ❑ may ® may not appoint an Attorney -in -fact with authority in turn to appoint one or more substitutes. ( "May not" will be assumed unless otherwise indicated.) It is further resolved that any action taken by the individuals listed above is hereby ratified and that this authorization shall remain in effect for Ell year ❑ 2 years ®otherUnti 1 changed from the date of certification. (One year will be assumed unless otherwise indicated.) 3. AUTHORIZATION 1. Do NOT sign this form until you are in the presence of a certifying individual. 2. Must be signed by an officer other than the persons authorized herein to execute transaction requests. 1 certify that the foregoing is a true copy of a resolution adopted at a meeting of the governing body of: City of Brooklyn Center - A Public Corporation Name of Organization and that said meeting was duly called and held and that the resolution was duly adopted and is in full force. SEAL OF THE ORGANIZATION Signature(s) Dale City Clerk 763 - 569 -3300 Title Telephone 4. CERTIFICATION I Certification required ONLY if Organization's Seal is NOT affixed above. Instructions to Certifying Individual: Name of person(s) who appeared and date of appearance MUST be completed. I certify that Name(s) of Person(s) Who Appeared , whose identity(ies) is /are known or proven to me, personally appeared before me this day of and signed this resolution. Month/Year ACCEPTABLE CERTIFICATIONS: Signature and Title of Certif Individual 1. Financial Institution's official seal or stamp (such as Corporate Seal or Signature Name of Financial Institution Guaranteed Stamp). 2. Notary Public's official seal or stamp. Address City /Stale /ZIP Code MY COMMISSION EXPIRES Telephone (For notaries only) City Council Agenda Item No. 9d June 5, 2001 MEMO TO: Michael J. McCauley, City Manager FRO Jane A. Chambers, Assistant City Manager SUBJEC . Change in providers, and Open Enrollment for Dental Insurance Over the past five years or so, AT Group has provided the City of Brooklyn Center with quotes and proposals for dental insurance. The group worked closely with the former Finance Director to provide this information. AT Group representatives have received quotes for continuing the existing Health Partners Dental plan currently in place for City employees. This plan is due for renewal July 1, 2001. The current provider increased the premiums by 40 %, based on the City's claims and use of the insurance. Other quotes received in the market also represented a substantial increase in premiums. These premiums were based on looking at the City as a single employee group. AT Group sought a quote from Delta Dental Plan of Minnesota. The Delta Plan is based on a standardized product offered to all enrollees, for a standardized price. The claims pool consists of all purchasers of the product rather than being limited to a single employee group. Because of the large number of persons in the claims group, Delta Dental can offer the City lower premiums for dental insurance. The coverage, with the exception of orthodontics, is the same as in the current provider. The maximum payment for orthodontics is $1000, which is $500 less than under the current plan. However, savings in premium costs will make up for the loss of the $500 within the first few months of coverage. If the City does not switch carriers, it is likely that many employees would have to drop dental insurance due to the premium cost increases. Employee meetings were held to inform the employees of the quotes from all potential providers, and to discuss the Delta Dental program. Employees were encouraged to voice any concerns or problems with the proposed change. To date, I have received no negative comments regarding the change. I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING CHANGE IN DENTAL INSURANCE PROVIDER TO DELTA DENTAL PLAN OF MINNESOTA WHEREAS, the City of Brooklyn Center has been notified by its current carrier of significant cost increases for the renewal of dental insurance due July 1, 2001; and WHEREAS, the insurance brokers working with the City regarding dental benefit providers have researched the market and received proposals for dental care for City employees; and WHEREAS, the most feasible and cost effective dental care proposal was received from Delta Dental under the Millennium Choice DeltaPreferred Option; and WHEREAS, acceptance of the Delta Dental proposal for the six month period of July 2001 through December 2001 will also allow the City to switch from a mid -year to a calendar year dental open enrollment period in keeping with all other benefit and open enrollment processes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to sign a contract of service with Delta Dental Plan of Minnesota and to hold open enrollment for employees to make a choice in plans under the Delta Dental provisions. 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. 9e I Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Cler DATE: June 5, 2001 SUBJECT: Rental License Fees At its May 14, 2001, meeting, the City Council discussed the proposal prepared by staff regarding increasing rental license fees for 2002. The City Council requested additional information regarding the cost breakdown for regulating rental units, how much the increase was in 1997, and what other municipalities have done in the past with fee increases and how often. Attached is a memorandum prepared by Community Development Director Brad Hoffinan regarding the Community Development inspection costs. Following is a history of rental license fees for Brooklyn Center and also for other municipalities. Brooklyn Center Licensing of rental property began June 1, 1975. Proposed 1975 1987 1998 2000 2002 Single Family Dwelling $12 $25 $50 $60 $150 Two Family Dwelling First Unit $12 $25 $50 $55 $150 Second Unit $6 $10 $50 $55 $150 Multiple Family Dwelling Each Building $15 $20 $100 $110 $150 Each Unit $4 $5 $5 $6 $10 Bloomington Licensing of rental property began in 1990. The City of Bloomington increases its fees approximately 3% annually. The proposed fee increase is based on the Consumer Price Index and wage increases. The City also does a periodic study to make sure its fees are comparable with other cities. Brooklyn Park Licensing of rental property began in 1990. Its initial fees were set based on the Brooklyn Center rental license fee schedule. The City of Brooklyn Park periodically increases its license fees. Its fees were increased in 1996 approximately 50 -100 %. Currently, Brooklyn Park is proposing fee increases of approximately 15 -50 %. 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 L Memo to Michael J. McCauley Page 2 June 5, 2001 Crystal Licensing of rental property began in 1992. Crystal set its initial fees on the estimated inspector time and support staff time for administering the program. Initial annual fees were set at $65 /single family; $80 /duplex; $90 /apt. bldg., plus $5 /unit. Fees were reviewed in 1997 and moderately increased - $80 /single family; $100 /duplex; $110 /apt. bldg., plus $5 /unit. Crystal plans to propose increases for its rental license fees for 2002, however the proposed fees are not yet established. This information is provided for City Council review at its June 11, 2001, City Council meeting. Also included are the materials that were presented at the May 14, 2001, City Council meeting. Attachments MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: May 25, 2001 SUBJECT: Community Development Inspection Costs You have requested information relative to the costs of providing rental related inspection services. Our primary cost is obviously the labor involved primary of which is the housing inspector. Also included would be support staff, which would include the building official, the building inspector, the department secretary and myself. Other costs include training, communications (cell phones and etc), supplies, capital expenditures and at times professional services. The following is an approximation of the costs incurred by Community Development in the providing of rental inspections. Housing Inspector (85 %) $49,912 Building Official (15 %) 9,057 Building Inspector (10 %) 5,872 Clerical (25 %) 10,137 Community Development Director (10 %) 9,447 Supplies (20 %) 600 Communications (25 %) 530 Training (25 %) 3,375 Capital (annual approximation) 1,000 Total $89,930 The cost estimate does not include the costs associated with prosecutions by the City Attorney. It does not include the costs incurred by the department for motor vehicles nor does it include costs that may be incurred by other departments that become involved in special cases. This expense is paid for primarily from rental license fees and to a minor extent from Section 8 inspections for which we receive $25 no matter how many inspections might be required for a single unit. is Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk a4AZA � DATE: May 1, 2001 SUBJECT: Rental License Fees Chapter 12 of the City of Brooklyn Center Code of Ordinances requires that all rental property be licensed. The objectives are as follows: • to protect the character and stability of all buildings and property within the city; • to correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health, including the physical, mental and social well -being of persons occupying buildings within Brooklyn Center; • to provide minimum standards for cooking, heating, and sanitary equipment necessary to the health and safety of occupants of buildings; • to provide minimum standards for light and ventilation, necessary to health and safety; • to prevent overcrowding of dwellings by providing minimum space standards per occupant for each dwelling unit; • to provide minimum standards for the maintenance of existing buildings, and to thus prevent slums and blight; and • to preserve the value of land and buildings throughout the city. About 75% of the Housing Inspector's time is spent inspecting rental property. When the Housing Inspector determines that any rental property fails to meet the provisions of Chapter 12, a compliance order setting forth the violations of Chapter 12 and ordering the owner, occupant, operator, or agent to correct such violations is issued. On several occasions the Housing Inspector has to re- inspect and re -issue compliance orders. When a property owner fails to comply with a compliance order within the time set, the Housing Inspector either issues a violation tag summoning the responsible person into court or requests the issuance of a criminal complaint. The City Prosecutor has provided prosecution services for a number of non - compliant rental property owners. The revenue the City receives from rental licensing does not cover the cost of providing inspection services of rental property or the cost of prosecution services. Attached is a comparison that shows the total revenue received annually from rental license fees for the City of Brooklyn Center. The chart uses Brooklyn Center's rental dwelling data and provides a comparison of Brooklyn Center's fees with the cities of Bloomington, Crystal, and Brooklyn Park's fee schedule. In reviewing the attached comparison, Brooklyn Center rates are substantially lower than the three other cities listed. As part of the budget planning process for 2002, rental license fees are brought to your attention for review and consideration. If it is your directive to increase rental license fees to offset the cost of inspection and prosecution services, a resolution is attached that would increase the rental license fees similar to the rental license fees set by Brooklyn Park. Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Rental License Revenue Fee Comparisons April 2001 The following is a comparison of total revenue from rental license fees for the City of Brooklyn Center using a comparison of Bloomington, Crystal and Brooklyn Park's fee schedules. These totals are based on each city's fee schedule for a 12 -month period. These numbers are based on Brooklyn Center's current license estimates of 119 single - family homes, 52 two - family homes (72 units are licensed) and 245 multi - family buildings (3,300 units). Brooklyn Center Bloomington Crystal Brooklyn Park* Fee Schedule Fee Schedule Fee Schedule Fee Schedule Single Family Dwelling $30 /dwelling $67.45 /dwelling $80.00 /dwelling $75.00 /dwelling 12 Month Total Revenue $3,570.00 $8,026.55 $9,520.00 $8,925.00 { Two Family Dwelling $27.50 /per unit $67.45 /per unit $80 /one side /$100 /both $75.00 /per unit 12 Month Total Revenue $1,980.00 $4,856.40 $5,760.00 $5,400.00 Multi Family Property $55/bldg plus $3 per unit $67.45 /1 Bldg Plus $11 0.00/1' Bldg Plus $165.00 1 -14 Unit Bldg $8.15/Unit $5.00/Unit 15 or more units = $11 /unit 12 Month Total Revenue $23,375.00 $32,358.45 $25,410.00 $37,344.00 Total License Revenue Brooklyn Center Rates Bloomington Rates Crystal Rates Brooklyn Park Rates (Annual) $28 $45 $40 $51,669.00 *Proposed new fees. Rental/License/License Revenue Comparisons Comparison - Brooklyn Center Rental Dwelling Fees 2000 Biennial Fee 2002 Proposed Biennial Fee Single Family Dwelling $60 $150 Two Family Dwelling First Unit $55 $150 Second Unit $55 $150 Multiple Family Dwelling Each Building $110 $150 Each Unit $6 $10 Based on the same rental dwelling estimates used in the comparison with other cities, the total license revenue for Brooklyn Center with the 2002 proposed biennial fees would be $49,200, which is more in line with the other cities compared. YwrydIlW' Member Ain oduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES WHEREAS, the City Council of the City of Brooklyn Center adopted Resolution No. 97 -180 on October 14, 1997, which amended fees to be charged for various City licenses, including rental dwellings; and WHEREAS, the City Council has determined that it wishes to increase the fees for rental dwelling licenses to offset the expenses incurred by the City for rental inspection and prosecution services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the City's fee schedule for rental dwelling licenses as follows: Rental Dwellings Biennial Fee Single Family Dwelling $150 Two Family Dwelling First Unit $150 Second Unit $150 Multiple Family Dwelling Each Building $150 Each Unit $10 BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that this resolution shall be effective January 1, 2002. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City g Council Agenda Item No. 9f MEMORANDUM DATE: June 6, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report RE: Watershed Second Generation Plan Since 1984 Brooklyn Center has been a member of the joint powers Shingle Creek and West Mississippi Watershed Management Commissions, which are state - mandated watershed management organizations. The Commissions prepared and in 1988 received approval of their required Watershed Management Plans, which. establish various standards regarding water resources in the watersheds, and which are then used by cities to establish their Local Water Management Plans. Now by law the Commissions must update their plans, a process which is known as "second generation planning." The purpose of the second generation plan is to guide the next ten years of water resources efforts. Since the original 1982 Surface Water Management Act there have been numerous changes in the laws and rules governing water resources. There have also been changes in approach, changes in focus, and changes in priorities, both at the watershed and local levels. There has been considerable work accomplished during the 17 years the Commissions have been formally organized that should be recognized, but there is considerable work yet to be accomplished. This second generation plan will be a substantial investment of time and resources. The estimated cost of this second generation plan between the two Commissions is about $200,000, paid for from Commission cash reserves accumulated for this purpose and from member assessments. The plan process will take about 1 -1/2 years, and require significant staff, council, advisory Commission, agency, and community participation. The Commissions have appointed a Steering Committee to oversee this process, and have elected me to chair this Steering Committee. The Commissions will host a large "public forum" in July to provide decision makers and the public with background information on the Commission's activities, and to identify problems and issues that should be addressed in this next ten year plan. Commissions Ask for Council Input The Commissions have asked for local input prior to that public forum, to identify issues that are important to decision makers and the public. To that end, the Commission has prepared a "Second Generation Planning Process" one -pager with some background information and a worksheet with three questions intended to stimulate discussion. This one -pager is attached, as well as a background paper prepared last fall, called "Shingle Creek and West Mississippi Watershed Management Organizations: History and Activities." This information is presented to the Council for review and discussion at the June 11, 2001 Council meeting. WATERSHED MANAGEMENT COMMISSIONS 3001 Harbor Lane • Suite 150 • Plymouth, MN 55447 Telephone (763) 553 -1144 • Fax (763) 553 -9326 May 14, 2001 Member City Managers Hennepin County Commissioners Minnesota State Senators Minnesota State Representatives Gentlemen and Ladies: The Shingle Creek and West Mississippi Watershed Management Commissions are required by law to update their 1988 Watershed Management Plans, a process known as "Second- Generation Planning." This process began in April 2001 and will take about 1 -1/2 years. The requirements of these plans are laid out in Minnesota Rules Chapter 8410. The development of these plans will require a substantial commitment of your staff's time, as well as discussions with your City Council, advisory commissions, and residents. There will be a substantial cost as well, but we expect that the cost of updating the management plans will be funded in total from reserve funds being accumulated for this purpose, and that this should notrequire an increase in the annual apportionments. As one of the first steps in this process, the Commissions will be holding a large "public forum" in July 2001 to provide decision makers and the public with background information on the Commission's activities, and to identify problems and issues that should be addressed in this next ten year management plan. Prior to this large public meeting, we ask your help in identifying issues that are important to decision makers and the public in your community. The purpose of this exercise is to identify issues that are likely to be raised at the July meeting so the Commission can be ready to respond to those concerns. To assist you in this process, we have prepared a "one pager" that summarizes the second generation planning process and a worksheet with three questions intended to stimulate discussion. We would appreciate your response by Thursday, June 14, 2001, or as soon as possible thereafter. This first step unfortunately has a short timeframe, so we understand that many cities will not be able to go through a formal review process. You may choose to review this at the staff level and, if you have time available, obtain input from your Council and/or advisory commissions. We have provided some additional background material for you to use as you see fit, including a "History SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK • CHAMPLIN • MAPLE GROVE • OSSEO WATERSHED MANAGEMENT COMMISSIONS Second Generation Planning May 14, 2001 page 2 of the Watershed" document that provides a good summary of what the watershed commissions are, why they are joint powers organizations, and what they do. Your watershed Commissioner has more background and information on this process. If you have additional questions, please feel free to contact me at 763 - 509 -5525 or the Steering Committee Chair, Diane Spector, at 763- 569 -3340. I look forward to continuing to work with you through this process, and appreciate your assistance in this matter. Sincerely, l`v Ronald S. Quanbeck Shingle Creek Commission Chair RSQ jaa cc: Mayors J.\ CLIENTS \WAWATERSHEGSHINGLEC \SECOND 1 \LM - MRI S.WPD SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK • CRYSTAL • MAPLE GROVE • MINNEAPOLIS • NEW HOPE • OSSEO • PLYMOUTH • ROBBINSDALE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION BROOKLYN CENTER • BROOKLYN PARK • CHAMPLIN • MAPLE GROVE • OSSEO Second- Generation Plan Planning Process Shingle Creek and West Mississippi Watershed Management Commissions The 1982 Minnesota Legislature adopted the Metropolitan Surface Water Management Act mandating that all watersheds within the seven county metropolitan area be governed by a watershed management organization. The Shingle Creek and West Mississippi Watershed Management Commissions are Joint Powers Organizations charged with setting standards for and managing surface water in their respective watersheds. The members of Shingle Creek are: Brooklyn Center, Brooklyn Park, Crystal, Maple Grove, Minneapolis, New Hope, Osseo, Plymouth, and Robbinsdale. The members of West Mississippi are: Brooklyn Center, Brooklyn Park, Champlin, Maple Grove, and Osseo. The Commissions are required by law to update their 1988 Watershed Management Plans, a process known as "Second- Generation Planning." This process began in April 2001 and will take about 1 -2 years. Minnesota Statutes and Administrative Rules prescribe very specific items that must be addressed in these Plans. However, the Minnesota Board of Water and Soil Resources (BWSR) and other agencies such as the DNR and the Met Council that oversee this process want these plans to be locally driven and to reflect local issues and concerns. It is very important to get local input at all stages of this planning process. This is especially important as with a Joint Powers type of organization, the Commissions simply establish minimum standards and the cities are responsible for implementation. This planning process is now underway. The Commissions have appointed a Steering Committee and have developed a policy document to guide this process. The Commissions will hold a public forum in July 2001 to obtain general public input. To help prepare for that meeting, the Commissions would like input from cities as to specific issues and concerns. The general issues to be discussed as a part of this process will include: • How well the Commissions have met the goals established in the first generation management plan; the development of future goals, and strategies and tactics for achieving them; and a process to monitor future performance. • Understanding the condition of water bodies in the Shingle Creek and West Mississippi watersheds; setting goals for future water quality; and establishing a process to monitor future performance. • Reviewing and evaluating the runoff collection system and storm water management for quantity and quality; control of erosion; protection of wetlands; prevention of flooding; protection of wildlife and fish habitat; and protection of groundwater resources. • Evaluating the effect of development and redevelopment on water quality and quantity in the watersheds. • Determining the role of the commission relative to other groups, organizations, agencies and boards that have a stake and a role in management of water in the Shingle Creek and West Mississippi watersheds. • Identifying and prioritizing improvements in the watershed for action by the Commissions and recommending action by other agencies or organizations. • Developing and implementing a comprehensive public information program. 1. Areas managed by the Watershed Commissions are: • Runoff management (adequate storm sewer systems, standards for amount of discharge between communities, stormwater detention and storage, resolve and prevent flooding problems) • Floodplain management (prohibit encroachment, maintain flood storage capacity) • Shoreland management (local shoreland management ordinances) • Water quality monitoring (comprehensive and systematic monitoring) • Erosion and sedimentation control (local erosion control ordinances) • Stormwater treatment (standards for treatment, standards for quality ofdischarge between communities) • Wetlands management (preserve protected waters, administer Wetlands Conservation Act) • Groundwater protection (local groundwater protection ordinances) Thinking Big Picture, what do you think are the most important issues to be addressed in the next ten years in the watershed? (For example: preserve and protect water quality in lakes; retrofitting developed areas with stormwater treatment ponds; building more storm sewers; preserve and protect wetlands; control erosion of Mississippi River riverbanks.) 2. What do you think are the most important issues to be addressed in the next ten years in your city? 3. What are the kinds of issues people in your community think are important? What kinds of concerns have you heard from residents, property owners, developers, etc.? Please return this questionnaire by June 14, 2001 to your community's Commission representative or the Second Generation Steering Committee via fax 763.569.3494 or email dspector @ci.brooklyn- center.mn.us J:\CLIENTS\W\WATERSHE\SFUNGLEC\SECOND-I\QUESTNS.WPD • WATERSHED MANAGEMEO PLAN SHINGLE CREEK - -•�r_ ___ -_� - -- WATERSHED MANAGEMENT COMMISSION -r L ^� r ! i i I i SA r MRnL GROVE ©® RRadiIYN MRN ca x I r IROONLY CINT[R 1 • 1 - - - - -� �• - - ---- - - - - -- -- ----- • - - - - -- yr ,, - =�- i II 1 Ly / CRYSTAL 1 L I 1. 5 ��� J I � MINN[APOLN RpBWloAlf i 1 1 I 1 j ii r r - S I — x..� .... -' -' 1 i 1 ' i i - i - I ( WATERSHED MANAGEMENT PLAN WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION PARK MAPLE WW4 MEO "bw—\ A. 5 ti J, i i 55 O Shingle Creek and West Mississippi Watershed Management Organizations g PP g g History and Activities In 1982 the Minnesota Legislature adopted the Metropolitan Surface Water Management Act mandating that all watersheds within the seven county area be governed by a watershed management organization (WMO). The nine cities with land in the Shingle Creek watershed and five cities with land in the West Mississippi watershed entered into Joint Powers Agreements forming watershed management organizations charged with certain surface and ground water management functions. These charges include: • Alleviate damage from flood waters by requiring construction of facilities to drain or pond storm waters; • Improve creek channels for drainage; • Assist in planning for land use; • Assist in water conservation and the abatement of water pollution and the improvement of water quality; • Promote groundwater recharge; and • Protect and enhance fish and wildlife habitat and water recreational facilities. History Although the Shingle Creek and West Mississippi Watershed Management Commissions were formally established as WMOs under the basis of Joint Powers Agreements in 1984, the roots of these organizations go back to the early 1970's, when seven communities organized to jointly sponsor and fund the development of the 1974 Shingle Creek Basin Management Plan, "the Barr study." This management plan was developed largely in response to a USGS study of the metro area for the National Flood Insurance Program. Various city engineers and staff members believed parts of the USGS study establishing 100 and 500 -year flood elevations were in error and did not fully take into account local conditions such as the anticipated fully developed condition. During heir discussions the decided that a joint management ement stud g � Y J g Y should be undertaken to more fully understand the nature of the watershed and its hydrology. The study recognized that future development in what were then largely undeveloped upstream communities such as Brooklyn Park, Champlin, Maple Grove, and Plymouth would have a dramatic impact on flood elevations in downstream, developed communities such as Minneapolis, Brooklyn Center, Robbinsdale, Crystal, New Hope, and Osseo. After the Barr study was completed and outstanding issues with the Flood Insurance Program resolved, the communities struggled with the next step. They were clearly interested in jointly managing the watershed through the application of common standards. They were also clearly interested in monitoring the entire watershed to assure the preservation of water quality and to reduce flooding potential. In the late 1970s Minnesota Statutes authorized communities to establish watershed management organizations, which could be accomplished by establishment of either a watershed district or a joint powers commission. Each of these types of organizations has its strengths and weaknesses. After extensive discussions, in 1979 the cities decided to form joint powers commissions for the following reasons: ■ The cities were very clear that they did not wish to create "another layer of government," or more importantly, another taxing body. ■ The cities desired to create a planning group that would develop the expertise to design and adopt water resource policies. They preferred that cities carry out the implementation of the overall watershed plan in accordance with uniform standards agreed to by all the cities. ■ The cities were concerned that with a District, they would lose local representation and local control over issues that are often of great importance to their residents. ■ The cities also did not want to create another bureaucracy with its own staff and equipment, duplicating what cities already have. Watershed Districts usually employ full time staff, and have extensive engineering and legal budgets. For example, for 2001 the Minnehaha Creek WMD has approved a budget of just over $5 million; administrative costs are budgeted at about $727,000, and improvement projects at about $3.8 million. Administrative costs (costs not related to capital projects or programs) are about 14.5 percent of the budget. By contrast, in 2001 the City of Brooklyn Center has budgeted $978,346 in its Storm Drainage Utility for administration, operations, programs, and capital projects. Administrative costs at $60,579 are about six percent of the total. This administrative cost includes the city's share of Shingle Creek and West Mississippi watershed management expenses. The j oint powers type of organization was selected, in summary, because the cities believed that it provided the best balance for the establishment of watershed wide policies and strategies for meeting watershed management requirements while at the same time retaining the most flexibility and local input at the lowest cost. When the Minnesota Legislature mandated watershed governance, the specific organizational charges, financing, and governance of the Shingle Creek and West Mississippi watershed management organizations were debated and joint powers agreements approved. The Barr study had identified not only management strategies but also capital improvements, some of which the local communities had already implemented. The Commissions selected the engineering firm of Hickock & Associates to update the Barr study and to expand it to meet the new requirements established in Chapter 509. The Commissions' Water Management Plans were completed in 1988. The Surface Water Management Act also required that local governments adopt and implement Local Water Management Plans in conformance with the Watershed Management Plans. All but two cities in Shingle Creek/West Mississippi have completed these plans. Both of those cities are in the plan development process. Activities The Commissions meet monthly to conduct a variety of business. These activities are summarized in an annual report which is distributed to each city and other interested parties. Annually the Commissions review 20 -30 projects a year for residential and commercial development to ensure that discharged runoff meets the water quality standards for the Commission and flooding problems do not occur. The Commissions also act as responsible LGUs (Local Government Units) for Wetland Conservation Act (WCA) wetland activities for about half the watershed member cities, who do not have such specialists on their staffs. The Commissioners share information, meet with representatives from agencies such as the Hennepin Conservation District, the Board of Water and Soil Resources, the DNR, and the MPCA and review other related information. In addition to regular activities, the Shingle Creek and West Mississippi WMOs have completed numerous special studies. These include: ■ The Shingle Creek WMO annually conducts extensive water quality monitoring at three Shingle Creek locations. Shingle Crcakl Vest Mississippi History and Activities page 2 • A USGS special study of Shingle Creek in 1996 found elevated levels of chloride in the creek during the winter months, which was enough to designate Shingle Creek as an impaired water for chlorides. There is some evidence that this may be a metro -wide problem, but there has been no systematic study of this phenomenon. Shingle Creek has initiated a regular sampling and testing program for chlorides, and is in the early stages of working with various agencies to do a wider diagnosis and analysis. Early indications are that the higher levels of chlorides can be traced to road salt use. • All of the water quality basins constructed in both watersheds as part of residential and commercial developments are inspected after construction to assure compliance with Commission requirements. Results of the inspection are passed on to the member community's engineering departments and they assure that any necessary work is completed. The local community generally requires a performance bond or other surety from the developer to assure that the work will be constructed satisfactorily. • The Shingle Creek WMO is participating in the Citizen - Assisted Monitoring Program (CAMP) through the MPCA and every year monitors five to six lakes on a rotating basis. • A profile survey and an inspection of Shingle Creek was recently performed, noting erosion, blockages, bank failures, and the need for repairs as well as the conveyance capacity of the channel. Local communities constructed improvements where necessary. • The Shingle Creek WMO funded a shoreline workshop in 1998 to promote aquascaping around lakes. • Both WMOs annually coordinate with, and provide financial support to, the Hennepin Conservation District for macroinvertebrate monitoring. The Shingle Creek WMO has also conducted its own biological monitoring at the three water - quality sampling sites. • A hydrologic model has been created and calibrated for the entire Shingle Creek watershed. • A diagnostic /feasibility study for Twin Lakes has been completed, including a nutrient budget and recommendations for water quality improvements to Twin Lakes. Several grant applications for improvements have been prepared and are still pending. • A review of water quality treatment provided by storm water detention ponds was recently performed for the entire Shingle Creek watershed, with an analysis of where new or expanded treatment could have the most impact on water quality in surface waters. Local Implementation The implementation of water resources management takes place at the local level, and the scale and nature of activity in the cities within the watershed varies from city to city and from year to year based on their unique circumstances: developing, fully developed, or redeveloping; emphasis on private projects versus regional public projects; and fiscal capacity. Cities actively reconstructing streets and utilities have unique opportunities to retrofit existing systems with ponds or other facilities on a very cost effective basis. Some of the cities in the Shingle Creek and West Mississippi watersheds are currently actively constructing or reconstructing infrastructure. Other cities may have completed a cycle of construction or reconstruction, and are currently in the mode of maintaining their systems. Some actively developing cities require private developers to construct all the infrastructure improvements and thus may not need to construct public improvement projects. All of these activities are consistent with the overall water resource goals of the commissions. Shingle Creek/West Mississippi History and Activities page 3 I Cities also routinely perform maintenance BMPs (Best Management Practices) such as routine street sweeping (usually 2 -3 times per year), catch basin and storm sewer cleaning, and maintenance of outfalls and ponds. These maintenance activities not only protect the City's investment in infrastructure and improve water quality, they can reduce private property damage during extreme runoff events by maximizing storm water storage and flow. Major storm drainage /water quality projects undertaken in the past few years by cities • Brooklyn Center has recently completed installation of a series of six V2B 1 underground treatment devices as a part of its 2000 Neighborhood Street and Utility Reconstruction project, at a cost of $160,000. These devices were installed just above the stormwater outlet into Shingle Creek. The devices could be a very useful addition to the water quality BMP toolbox, as they can provide water quality treatment in developed areas with no land to spare for conventional ponds. They will be monitored for effectiveness. In the past several years Brooklyn Center has constructed six regional treatment ponds in connection with street and utility reconstruction projects, at a cost of about $200,000. These projects were funded by a combination of Storm Drainage Utility funds and special assessments. Two major regional ponds are the Cahlander Park and Pond at 65th Avenue and I -694, constructed at a cost of about $600,000, and the Brooklyn Center portion of the Shingle Creek Regional Pond system. • Brooklyn Park requires private developers to construct storm drainage /water quality projects in accordance with the watershed commission standards. All of the water quality treatment has been constructed by those developers at their expense, minimizing public expense. • Crystal has dredged natural and man -made ponds to improve their water treatment effectiveness. • Maple Grove developed a detailed and thorough storm water management plan for its Arbor Lakes development area. This includes construction of a series of regional storm water ponds and ground water ponds that serve to treat storm water and recharge the aquifer. • Minneapolis has completed its portion of the Shingle Creek Regional Pond system. This project cost approximately $4 million, of which $2 million was provided through a grant from the Department of Trade and Economic Development, $1 million from Brooklyn Center, $100,000 from LCMR grant funds, and $900,000 from Minneapolis. Minneapolis has also completed numerous regional treatment facilities citywide, including Cedar Meadows, Calhoun Wetland, 60th Street East at First Avenue South, and at least 75 grit chambers and other sumps. • Plymouth, as does most cities, considers storm water runoff in all City projects. Storm water management features are designed into all projects. For example, the City's 1998 Street Reconstruction Project included the excavation of a large basin to enhance wetland characteristics and provide water quality treatment for the surrounding neighborhoods, at a cost of over $60,000. Ponds were constructed as a part of projects to construct a nearly one mile long segment of Schmidt Lake Road and the reconstruction of Zachary Lane. In 1999 a street project improved a drainage system with flooding problems that serves Minnetonka as well as Plymouth. At a cost of about $160,000, Plymouth completed a pond excavation/wetland enhancement project to provide storm water treatment for much of its central commercial area. • In 2000, Robbinsdale constructed a $150,000 pond project serving the new Hubbard Marketplace. Shingle Creek/West Mississippi History and Activities page 4 Storm water /water quality projects undertaken by developers All cities enforce the Shingle Creek and West Mississippi requirements regarding water detention and treatment. All private development exceeding certain size requirements must provide detention and treatment on site or demonstrate that adequate detention and treatment is available in a regional or other facility. The cities within the watersheds are evenly split as to whether they require the watershed standards or the slightly more stringent NURP standards for pond facilities. Another requirement that all private developers must meet is adequate erosion control. Each project is reviewed by the commissions and includes water control features to ensure the water management goals of the watershed are met. • Brooklyn Center developers have constructed several ponds to satisfy local and watershed requirements, including: Hennepin County Government Center; Regal Theater; TGIFridays /Country Inn Suites; Extended Stay America/Motel 6/Franz Engineering; Wickes Distribution Center and Rainbow Foods. • Brooklyn Park has required private developers to construct storm water detention and treatment for over 450 acres of commercial and industrial property in Shingle Creek and 1,100 acres (residential) and 420 acres (commercial) in West Mississippi. • Recent private projects in Crystal where storm water treatment was required include: Industrial Equities; Project for Pride in Living; and Parkside Addition, a development of single family homes. • New Hope in its existing industrial parks has required building expansions to include water quality improvements in accordance with Shingle Creek Commission requirements. • Numerous ponds have been constructed in Plymouth by private developers. In addition, Plymouth has enacted a wetland buffer ordinance that restricts development adjacent to wetlands. All developers are required to show how they are minimizing runoff and increasing on -site water infiltration beyond the minimum NURP and erosion control requirements. Finally, Plymouth monitors and inspects over 200 sites annually for erosion control purposes, and requires noted deficiencies to be corrected. Surface water quality projects Almost all the cities have constructed numerous public and/or private facilities that control runoff and treat storm water. These have a beneficial effect on the quality of surface waters, substantially reducing pollutants. However, additional projects have been completed or are contemplated specifically to provide benefits to lakes or to Shingle Creek itself. • Brooklyn Center has started construction on a project intended as a first phase in improving water quality in Palmer Lake. Several storm sewers discharge directly into Palmer Lake. At some outfalls storm water will be directed into new ponds. At other outfalls, existing channels will be dredged so they function more effectively. The cost of this project is about $250,000. • Minneapolis has accomplished numerous projects to improve the quality of surface waters. A major project is the completion after 34 years of the elimination of combined sewer overflows and separation of storm water from sanitary sewer. In other watersheds, Minneapolis has also participated in the Clean Water Partnership at the Chain of Lakes, along with Minneapolis Park Board, St. Louis Park, and Minnehaha Creek Watershed District. Minneapolis also participates in the Blue Water Commission, which focuses on Lakes Nokomis and Hiawatha. Slungle CreelvWest Mississippi History and Actiiities page 5 ■ Plymouth has been an active manager of its surface waters. In 2000, the City initiated a water - quality monitoring program at seven locations throughout the City to assess surface water quality, at a cost of $30,000 per year. Plymouth is also performing a hydrologic and hydraulic study in an undeveloped area of the Shingle Creek watershed to determine the effect of development and to implement best management practices to compensate for any impact. Plymouth's Engineering and Parks Departments collaborated with the Hennepin Conservation District and area volunteers to bioengineer the restoration of a portion of eroded banks of Elm Creek. Finally, at Plymouth Creek Park a wetland is being improved to enhance the habitat and improve water quality. Planned projects The cities within the Shingle Creek and West Mississippi Watersheds are in varying stages of development and redevelopment. Some cities are actively constructing street and utility improvements, while others have already completed reconstruction or are just gearing up. A number of improvements are currently in the active planning stage. Not to be discounted are other agencies such as Mn/DOT, which is planning or completing extensive storm water detention and treatment on major projects such as the construction of TH610 and the reconstruction of TH100 and I- 94/694. • Brooklyn Center has a number of projects identified in its CIP for construction in the next few years. These include: participation in a multi jurisdiction wetland restoration project identified in the Commission's Twin Lake Study to potentially provide a major improvement to water quality in Upper Twin Lake; dredging and embankment improvements in Shingle Creek; future phases of Palmer Lake improvements to enhance wetland quality and restore storage; and several ponds or other facilities to be constructed along with neighborhood street project drainage improvements. • Robbinsdale has been working with Mn/DOT on Phase III of the TH100 Reconstruction to provide additional ponding in Graeser Park to accommodate City storm water. • Several cities in the Shingle Creek and West Mississippi watersheds are also members of other watershed management organizations. Within the Bassett Creek watershed Plymouth is investigating ways to perform improvements in the Medicine Lake watershed in the near future. It will also be performing a lake management and watershed management study for Parker's Lake, anticipating that improvements will be constructed shortly after completion. Outreach Many of the cities within the watersheds have active outreach programs. These range from assisting lakeshore associations, to promoting use of phosphorus free fertilizer, to providing educational materials to schools. All of the cities have some type of a citizen commission that reviews and provides recommendations to their city councils on environmental matters, such as a park commission or an environmental commission. All of the cities have planning commissions that review private developments and that make recommendations on land . use and zoning matters. Shingle Cree4lWVest Mississippi History and Acawties page 6 • Brooklyn Center has an active Adopt -A -Park Program that includes frequent creek cleanups. Water quality information is occasionally included in the city newsletter. The City staff is in the very early stages of discussing a phosphorus free fertilizer ordinance. • Brooklyn Park through its Park and Recreation Department organizes an annual Shingle Creek clean up. The Operations and Maintenance Department has worked together with Hennepin Parks on a storm drain stenciling project. • Minneapolis has an extensive outreach program. Catch basin stenciling has been performed since 1993. Clean Water Partnership educational materials were developed for the Chain of Lakes project. Minneapolis sponsors an annual Earth Day Watershed Cleanup, which includes Shingle Creek. The Lake Harriet Pesticide Project has helped educate residents about proper use of pesticides to reduce impacts on surface waters. Minneapolis sponsors a Citizen's Water Quality Education Committee that puts together and distributes educational materials. Water quality information is occasionally included in Solid Waste collection literature, the City Calendar, and on City Cable Channel. • Plymouth is also very active in outreach. The Plymouth Environmental Quality Committee appointed by the City Council is responsible for many water quality initiatives. About $35,000 is budged for various educational programs in 2001. The past five years Plymouth has conducted an environmental fair in cooperation with area schools. The City has adopted and implemented a phosphorus free fertilizer ordinance that bans the use of phosphate -based fertilizer throughout the City. Other cities are now following Plymouth's lead. Plymouth has performed some catch basin stenciling and in 2001 will continue the program around Medicine Lake. Finally, Plymouth publishes the Environmental Extra, dedicated solely to environmental issues. This two -page section is published and distributed along with the City's newsletter. • Robbinsdale is working with citizen's groups to form lake associations. One of the goals of this activity is to educate residents about phosphorus free fertilizers. The city does plan to enact such an ordinance after suitable public education has taken place and residents are comfortable with the concept. Other Efforts Effective water resources management requires cities to enact various municipal controls. Several cities are actively preparing or have completed Erosion Control ordinances and Shoreland Management ordinances. In accordance with EPA requirements, Minneapolis was issued a NPDES Phase I permit on November 30, 2000. The other cities in the watersheds fall under the requirements of NPDES Phase H and will be focusing future efforts on meeting those requirements. Both Shingle Creek and West Mississippi will begin development of their second - generation management plans in 2001. Shingle CreeOVest Mississippi History and Acouties page 7 Second - Generation Plan Planning Process Shingle Creek and West Mississippi Watershed Management Commissions Introduction The Shingle Creek and West Mississippi Watershed Management Commissions are required by law to update their Watershed Management Plans, a process known as "Second- Generation Planning." The Commissions have appointed a Steering Committee and have developed this policy document to guide this process. Major Issues As the second - generation management plans are developed, the Shingle Creek and West Mississippi Watershed Management Commissions will consider a large number of water - management related issues. One of the most critical outcomes of the second generation planning process will be a renewed focus on the key water - management issues in the watersheds. To develop that focus, the planning process will prioritize the issues and make a determination about the appropriate role for the Commissions in addressing them in coming years. Broadly, the issues to be discussed as a part of this process will include: o How well the Commissions have met the goals established in the first generation management plan; the development of future goals, and strategies and tactics for achieving them; and a process to monitor future performance. o Understanding the condition of water bodies in the Shingle Creek and West Mississippi watersheds; setting goals for future water quality; and establishing a process to monitor future performance. o Reviewing and evaluating the runoff collection system and storm water management for quantity and quality; control of erosion; protection of wetlands; prevention of flooding; protection of wildlife and fish habitat; and protection of groundwater resources. o Evaluating the effect of development and redevelopment on water quality and quantity in the watershed. o The role of the commission relative to other groups, organizations, agencies and boards that have a stake and a role in management of water in the Shingle Creek and West Mississippi watersheds. o Identifying and prioritizing improvements in the watershed for action by the commission and recommending action by other agencies or organizations. o The development and implementation of a comprehensive public information program. The following sections include a preliminary list of requirements and issues that need to be reviewed and possibly resolved as part of the Commissions' second generation planning process. The issues identified in the following list are a starting point. The list is neither comprehensive nor definitive. The issues included have not been prioritized and the order of presentation does not indicate priority. Regulatory Requirements a 1. The existing water management plan must be revised by July, 2002. 2. The plan must contain a Land and Water Resource Inventory, including: o An inventory of water resources and physical factors affecting the water resources; o Precipitation data; o General geology and topographic data; o Surface water resource data, including: • A map of the public waters and public ditch systems, including the location of existing dams and control structures; • A copy of the National Wetlands Inventory Map; • An inventory of the functional values of the wetlands present, or details of the process by which that inventory will be completed and when; • A table of the major hydrologic characteristics of public waters; • Maps showing the areas served by each existing stormwater system that identify existing stormwater ponds and the location of all stormwater outfalls; • A table summarizing available information on the 100 -year flood levels and peak discharges of existing and proposed stormwater ponds and flood profile information that corresponds to the peak discharges of channelized flow passing through the watershed • A general discussion of, or a map showing areas of, known flooding problems not identified as flood -prone in a published flood insurance study; • A listing of the existing flood insurance maps; • A summary of water quality; • A map or list, if available, showing the location of known existing and abandoned surface water quality and quantity monitoring sites; • A list of municipalities with approved shoreland ordinances and projected completion dates for those without ordinances; and • A table listing the amounts and locations of all surface water appropriations as permitted by the Department of Natural Resources and provided to the organization. o Groundwater information as required by County Groundwater Plan. If no groundwater plan is in place, groundwater issues must be addressed as necessary; o Soils data; o Land use, both existing and anticipated, and MUSA location; o Water -based recreation areas and land ownership; o Fish and wildlife habitat, including lake and stream ecological and management classifications; o Unique features and scenic areas; and o Pollutant sources. 3. The plan must collect policies and goals of each review authority, take into account those goals and policies when drafting the plan, and reconcile inconsistent goals and policies. 4. Specific goal statements and policies must be provided in sufficient detail to provide direction regarding what the policies should accomplish, provide direction to the commissions, and allow for the success or failure of the goals and policies to be quantified. At the minimum, the following issues must be addressed: 2 o Water uanti . Management of stormwater runoff, allowable peak runoff. q tY g � p o Water quality. Specific goals for lake and stream water quality. o Recreation and fish and wildlife. Protecting recreational activities and wildlife interests, classification of water resources for management purposes. o Flooding and stormwater rate control; o Enhancement of public participation, information, and education. Advisory committees and public information programs. o Public ditch systems. Relationship to ditch authority, evaluate managing ditch systems. o Groundwater. Goals and policies as appropriate to county groundwater plan. o Wetlands. High priorities for wetland preservation and restoration, wetland banking. o Erosion. Policies to control erosion. 5. Each plan must include an assessment of existing and potential water resource related problems. 6. Each plan must include an implementation program consisting of nonstructural, structural and programmatic solutions to identified problems, issues and goals. The program must identify appropriate regulatory controls, design performance standards, information programs, data collection programs, and management programs. The responsibilities of the Commissions and the cities in carrying out the implementation program needs to be defined. 7. The plan must review existing local controls and programs and the administrative and financial ability of the local units of government to adopt and enforce needed controls and programs. The analysis of financial impact of the implementation of regulatory controls and programs on cities should include an estimate of costs and possible sources of funds. 8. The plan must develop a prioritized schedule for implementation of needed controls or programs by the Commission or local units of governments. The plan must include a Capital Improvement program. The plan must identify the procedure to be followed to enforce violations of controls of the Commissions and the local units of government. 9. The plan must specify a process for its amendment. Recommendations from Other Agencies The Board of Water and Soil Resources /Metropolitan Council recommends that: 1. The plans concisely state the current and future role and philosophy of the Commissions. 2. The plans include a listing of specific problems and issue areas as well as areas of opportunity. 3. There is an earnest opportunity for stakeholder involvement, including citizen input. 4. The plans identify and address plans for areas of exceptional resources, such as Twin Lakes. 3 5. The plans include a detailed Capital Improvement Plan (CIP) covering the various agencies within the watersheds, showing who will do what project when and for how much, and how those projects would be funded. 6. The plans identify methods for measuring success and for revising strategies over time. 7. The Commissions create an annual or biannual cycle to review and update the Capital . Improvement Plan CIP p ( ) 8. The Shingle Creek plan should address the chloride issue, detailing the action plan. 9. The plans should feel free to reference work already completed, with no need to reinvent or revisit issues adequately addressed previously. 10. If required components of the plans are not completed at the time of the plan, the plan should include details of the schedule and methods for completion of that work. Issues Identified by Citizens, Commissioners, and Cities 1. The plans should clarify operational requirements so they are consistent and easily identifiable. 2. The plans should set realistic standards for water bodies. 3. The plans should be realistic about availability of resources. 4. The plans should utilize existing information and policies to the greatest extent practical. 4 Shingle Creek Water Management Organization West Mississippi Water Management Organization Statement of Purpose and Strategy The Shingle Creek Water Management Commission ( SCWMC) and the West Mississippi Watershed Management Commission ( WMWMC) were established as joint powers organizations in 1984, in response to the requirements of the Surface Water Management Act. The roots of these organizations go back to the early 1970's, when seven communities organized to jointly sponsor and fund the development of the 1974 Shingle Creek Basin Management Plan, which was developed largely in response to the USGS study of the Metro area for the National Flood Insurance Program. The SCWMC and WMWMC continue to work closely with their member cities to assign responsibility for water resource issues seeking to efficiently and effectively use the cities' and the Commissions' planning and implementation resources. In an effort to enhance past and current initiatives, the Commissions will continue to assist citizens and communities with the management of water resources, in the following areas: • Partner with member communities in the management of surface and groundwater for the benefit of citizens within the watershed and region. • Work with citizens, citizen advisory groups and member communities to establish goals and prioritize and implement initiatives that will preserve and improve water resources within the watershed. o Collect, develop, and distribute information regarding watershed surface water and groundwater in the watershed to assist citizens and watershed communities in the preparation of local plans for the management of water resources. 1. Water Resource Management The Commissions will look to member communities for primary management of runoff and water management issues. The Commissions will provide leadership and assist member communities with the following water management issues: Coordinate intercommunitv stormwater runoff nlanninLy and design— Commissions will: (a) review community water resource management plans for consistency with Commission goals and intercommunity consistency, and (b) assist in calculating or calculate when necessary, the apportionment of costs between adjoining communities for water resource projects with intercommunity participation. This role applies to both water quantity and water quality issues. Water aualitv — Commissions will require implementation of best management practices (BMPs) that will improve the quality of stormwater runoff wherever possible. Commissions, in cooperation with the member communities, will continue to set reasonably attainable goals and identify areas where improved BMPs are desirable and will have the greatest effect. 5 This effort will continue to include monitoring of stormwater runoff to collect data about the quality of water in lakes, streams, and storm sewers within the watersheds to create a water quality database. This database will be used to develop intercommunity water quality models for the purpose of planning watershed -based initiatives to improve runoff water quality, and to assess the success of past and future municipal water quality initiatives and applied BMPs. The member communities can also use the water quality database to do more localized water quality modeling. Lake and stream management —The Commissions and member cities will, with input from the public, set goals for streams and water bodies in the watershed. The Commissions will implement water management activities and water quality improvement projects for water bodies with regional significance based on feasibility, prioritization, and available funding. The Shingle Creek WMC has performed lake monitoring to determine the condition and use attainability of these major resources, classified the water resources according to their current and attainable uses (based on the data collected, municipal water management plans, and regional goals), and is developing management plans for these water bodies to help these priority resources meet their intended use. Management activities include recommendations for land -use controls, plans for integrated water resource management (parks /nature centers, etc.), and passive or active water treatment projects or facilities Wetland management — Unless assistance is requested from the Commissions, cities will manage wetlands in accordance with the Wetlands Conservation Act. 2. Local Water Management Activity Assessment The Commissions will work with member communities to assess each community's progress toward agreed upon expectations. The Commissions will use the following assessment process: The Commissions and the cities will identify and prioritize initiatives that support outcome - based goals of the Commissions' water management plan. Outcome -based goals might include phosphorus limits for specific water resources, turbidity limits in streams, implementation of BMPs, education programs, etc. Together, the cities and the Commissions will set expectations of performance in terms of effort and schedule. The water quality of the watershed's water resources will continue to be monitored. The monitoring program will be reviewed annually, or as needed, to determine progress. Successes will be celebrated, and failures will be brought to the attention of policy makers to encourage meeting the Commissions goals. The Commissions will work to support the staff and elected officials to meet the agreed upon expectations. 3. Public Education and Participation in Water Management A general goal of the Commissions is to increase watershed awareness among residents and provide them with information. The strategy of the Commissions is to work within existing education programs whenever possible and not duplicate the education efforts of others. Another general goal of the Commissions is to continue to provide its member communities with useful information about 6 the Commissions, its activities, and water resource management. In addition to its required annual report and ongoing education efforts (e.g. brochures, news releases, internet website, citizen participation in resource monitoring), other efforts might include creating a standing citizens advisory group, establishing guides and issuing/distributing technical memoranda, and promoting active training (e.g., targeted presentations to neighborhood or public organizations). During the planning process, the Commissions will be looking for recommendations from citizens regarding the development of an effective long -term public information and public involvement program. 7 i Work Plan This work plan describes tasks that are necessary in preparing the Shingle Creek and West Mississippi Watershed Management Commissions' second - generation watershed management plans (WMP). This work plan is not an outline of the WMP, only of the work. Most water management plans follow the format inferred by MN Rules 8410: an inventory of resources and related infrastructure; identification of issues or problems; establishment of standards, goals and policies relating to the issues; and description of implementation initiatives (including costs and financing) and capital improvement schedules. Within this format, the plan must present information regarding precipitation, geology, topography, ditches, wetlands, the hydrologic system, groundwater, soils, land use, parks and recreation, fish and wildlife habitat, unique features, and pollutant sources. Although MN Rules 8410 describes the appropriate content of a WMP, rules allow the Commission to vary the format to best meet our needs. This work plan focuses on issues key to Commissions rather than a presumed report format. This method allows the inventories, problem assessments, policies, and implementation plans to be built around the key issues. The key issues identified to date are: Plan Emphasis • Water quality in lakes, ponds and streams • Management of surface water flows and flooding • Development and redevelopment issues • Development of a system of accountability and performance evaluation for the WMO and member communities • Development/continuation of public information program i Work Plan Outline Task Description Schedule 1.0 Develop Work Plan, Budget, and Planning Handbook April -May 2001 2.0 Continue Evaluation of Draft Statement of Purpose and May 2001 Strategy 3.0 Review Existing Water Quality Goals and Policies May -June 2001 4.0 Identify Past, Current, and Potential Flooding Issues July 2001 -April 2002 5.0 Establish a Method for Monitoring and Evaluating Plan July 2001 -April 2002 Implementation 6.0 Develop Effective, Long -Term Public Information July 2001 -April 2002 I Program 7.0 Review and Address Wetland and Groundwater Goals, July 2001 -April 2002 Characterize Watershed Climate, Topography and Soils, and Other Water Resource Elements 8.0 Define Structural and Nonstructural Programs Needed to March 2002 -May 2002 Address Issues 9.0 Develop and Adopt Watershed Management Plan April 2001 -June 2002 8 Organizational Structure Commission Steering Committee Overall Responsibility For All Tasks Keeps Work on Track, Provides Assistance to Committees, Compiles Work Product i Technical Advisory Committee Advisory Committee (AC) (TA C) Provides Stakeholders` Provides City Engineer's and Perspective, including City Agency Perspective Managers and Elected Officials, Property Owners and Developers, Provides Data, Prepares Special and the General Public Studies, Defines Goals and Policies, Defines Capital Debates Goals, Policies, Improvement Program Priorities, Functions, Resources, Information, and Outreach 9 Planning Process Commission Appoints Second Generation Plan Committee T Second Generation Plan Committee Prepares Draft Planning Process Prepares Draft Work Plan Develops Proposed Organizational Structure Commission Reviews and Approves Planning Process and Work Plan Creates Advisory Committees and Defines Responsibilities Steering Committee Develops Agendas, Background Papers, and Work Plans for Advisory Committees Provides Direction for Advisory Committees Liaison between Advisory Committees and Commission V Technical Advisory Advisory Committee Committee Develops Policies Addresses Technical Issues Prioritizes Goals and Work Plans Prepares Capital Improvement Develops Public Information Program Program Establishes Performance Monitoring Prepares Financing Plan V t Steering Committee Receives Recommendations from Advisory Committees Prepares Goals, Strategies, Work Plans, and Capital Improvement Program Drafts Plan 1 Commission 'Responds to Comments and Recommendations Reviews /Revises Plan Conducts Public Meetings n Proposed Plan b eet s o g p Approves Plan 10 City Council Agenda Item No. 9g BROOKLYN CENTER ��D�KLYNGENrF� POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Police DATE: June 6, 2001 SUBJECT: Code Enforcement Report The neighborhood liaison and one community service officer have been assigned to work exclusively on code inspections in the city. Other community service officers and police officers are assisting as the inspections require. The area east of Hwy 100 and south of I -694 has been completely inspected. Inspections have begun north of I -694 between Dupont and Humboldt Avenues and also in the area west of Palmer Lake. Number Of Violations By Type: Garbage Storage/Removal 9 Screening of Dumpsters (commercial) 5 Parts/Engines/Related Items 4 Accumulation Rubbish/Brush/Debris 93 Accumulation of Junk/Furniture/ Appliances 61 Storage of Commercial Vehicles 2 Illegal Parking /Storage of Vehicles 46 Unlicensed/Inoperable Vehicles 115 Yard Maintenance (seed & sod) 16 Proper Addressing 23 Fences 6 Accessory Buildings 2 Windows/Doors /Screens 9 Stairs /Porches/Decks 2 Driving/Parking Area Repairs 20 Foundations/Exterior Walls /Roofs 34 Miscellaneous (60 day notice) 1 Miscellaneous (30 day notice) 1 TOTAL NUMBER OF VIOLATIONS: 449 Memorandum S Page 2 Letters: First Letters: 304 Second Letters: 6 Citation or Formal Complaint: 2 This report includes activities conducted from May 9, 2001 through June 5, 2001. JD:kh code -Lmem s+•Wt�GQ�'._!1Y v. 'rylsf ( 1 \ J• ,�0 z .. <- f°, Cqut V N ,.•. 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W V ROAL N MIS SISSIP 1t < ID <l AF.S J _i n ..BIZ__ A i LE w PI DR I ° n z •�Il l, . ?IY R A c s , 1 LA / N b �RIVERDAL� 1�` = x < '��- ..r :.. J _.y z" � `-- -.-. -� �/ ;t`��• ° , BROOK '•. kISSlftir ONO /' 3 ' . t' ' '\, b P 1 '------ - -- ,.- -' ���,.>, >ns ,t -�. _`=� °� ississipx .�i�NOd 9� • a �'/` {� �`_� o _� :�' 4 ---r City Council Agenda Item No. 9h ��ppKIYN CEAT� BROOKLYN CENTER is POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Polic DATE: June 6, 2001 SUBJECT: Alcohol Compliance Checks School Liaison Officer Bill Koncar conducted alcohol compliance checks during the month of May. The purpose of the checks was to assure that establishments licensed to sell alcoholic beverages were not making sales to minors. Please refer to the attached memo from Officer Koncar and the list of liquor license holders in the city of Brooklyn Center. JD:kh To: Joel Downer From: Bill Koncar Subject: City of Brooklyn Center Alcohol Compliance Checks On Wednesday, May 16, 2001 I conducted alcohol compliance checks of businesses in the City which sell alcoholic beverages. There are 23 establishments licensed_ to sell liquor in the City. Two eighteen year old underage adults were recruited to attempt to but the liquor and they were photographed prior to attempting to make purchases so their youthful appearance could be documented. Eighteen of the establishments were checked on Mayl6, 2001. Sixteen establishments passed the checks by asking for identification from them and were refused service. Immediately after these employees appropriately asked for identification I spoke to the employee and their supervisors or owners and congratulated them as I gave them a letter from the Chief of Police advising them that they had successfully complied with State Statutes. Two establishments holding licenses were not checked. The Duoos Brothers American Legion Post 630 is presently not open because they lost their building to a renovation project. The Earle Brown Heritage Center was not checked because they are not open to the public as they hold only private functions and were not open at the time checks were conducted. Two businesses failed t6 ask for identification from the underage adults and served them alcohol. The Olive Garden Restaurant at 1601 James Circle served wine to the two underage adults on May 16, 2001 at approximately 1515 hrs. The server was arrested on a Gross Misdemeanor charge of Serving Alcohol to a Minor under state statute 340A.503. The Brooklyn Center Police Department case number is 01 -8928. The server was booked at the Police Department and released pending a formal complaint. On May 16, 2001 at approximately 1620 hours an employee of SuperAmerica at 6545 West River Road sold a twelve pack of 3.2 percent beer to the underage adults without asking for identification and was arrested on the same charge, booked and released pending a formal complaint. The police case number at SuperAmerica is 01 -8930. Three businesses were not checked on May 16` due to time limitations. These remaining businesses were checked on Tuesday, May 29, 2001 All passed and were issued letters from the Chief of Police. Find attached a list of liquor license holders in the City of Brooklyn Center. 2001 Liquor Licenses CLASS A On -Sale Intoxic ° Intoxicating Liquor License (80 /o or greater food) &Sunday: GMRI, Inc. dba/ The Olive Garden Italian Restaurant #1253 1601 James Circle North Brooklyn Center, MN 55430 CLASS B On -Sale Intoxicating Liquor License (50 to 79% food) & Sunday: AMF Bowling Centers, Inc. dba/ AMF/Earle Brown Lanes 6440 James Circle North Brooklyn Center, MN 55430 Apple American Limited Partnership of Minnesota dba/ Applebee's Neighborhood Grill & Bar 1400 Brookdale Mall Brooklyn Center, MN 55430 Brooklyn Property LLC dba/ Holiday Inn North 1501 Freeway Blvd Brooklyn Center, MN 55430 Chi - Chi's, Inc. dba/ Chi -Chi's Mexican Restaurante 2101 Freeway Boulevard Brooklyn Center, MN 55430 Davidson Hotel Properties dba/ Hilton Hotel 2200 Freeway Boulevard Brooklyn Center, MN 55430 GR of Minnesota, Inc. dba/ The Ground Round • 2545 County Road 10 Brooklyn Center, MN 55430 Class B On -Sale Intoxicatin (50% to 79% food) & Sunday - continued: TGI Friday's of MN, Inc. dba/ T.G.I. Friday's 2590 Freeway Blvd Brooklyn Center MN 55430 Y , Class F & Sunday On -Sale Intoxicating Liquor License Flik International Corp. dba/ Flik International Corp at Earle Brown Heritage Center 6155 Earle Brown Drive Brooklyn Center, MN 55430 On -Sale Club Intoxicating Liquor License: Duoos Bros. American Legion, Post 630 dba/ American Legion 4307 70th Avenue North Brooklyn Center, MN 55429 On -Sale Wine Licenses: Brooklyn Center Restaurant Inc. dba/ 50's Grill 5524 Brooklyn Boulevard Brooklyn Center, MN 55429 Denny's, Inc. dba/ Denny's Restaurant # 1284 e 3901 Lakebre ze Avenue North Brooklyn Center, MN 55429 On -Sale 3.2 Malt Liquor Licenses: Brooklyn Center Restaurant Inc. dba/ 50's Grill 5524 Brooklyn Boulevard Brooklyn Center, MN 55429 On -Sale 3.2 Malt Liquor Licenses - continued:, Donald Castleman dba/ Chuckwagon Grill 1928 57th Avenue North Brooklyn Center, MN 55430 City of Brooklyn Center Centerbrook Golf Course & Central Park 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Davanni's, Inc dba/ Davanni's Pizza and Hot Hoagies 5937 Summit Drive Brooklyn Center, MN 55430 Denny's, Inc. dba/ Denny's Restaurant # 1284 3901 Lakebreeze Avenue North Brooklyn Center, MN 55429 Scoreboard Pizza, Inc. dba/ Scoreboard Pizza 6816 Humboldt Avenue North Brooklyn Center, MN 55430 Off -Sale 3.2 Malt Liquor Licenses: Diamond Lake 1994 L.L.C. dba/ Cub Foods 3245 County Road 10 Brooklyn Center, MN 55430 Holiday Stationstores, Inc. dba/ Holiday Stationstore #292 420 66th Avenue North Brooklyn Center, MN 55430 Rainbow Food Group, Inc. dba/ Rainbow Foods #69 6350 Brooklyn Blvd Brooklyn Center, MN 55429 Off -Sale 3.2 Malt Liquor Licenses - continued:, Speedway /SuperAmerica LLC e dba/ SuperAmerica #4160 6545 West River Road Brooklyn Center, MN 55430 Speedway /SuperAmerica LLC dba/ SuperAmerica #4058 1901 57th Avenue North Brooklyn Center, MN 55430 George Y. Gerges dba/ Value Food 6804 Humboldt Ave N Brooklyn Center, MN 55430 License Totals: Class A =1, B = 7, F =1, Club =1, Wine = 2, On -Sale = 6, Off -Sale = 6, Sunday =9 Total Licenses = 33 1 05 -01