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HomeMy WebLinkAbout2001 06-25 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION June 25, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Council Member Nelson: Twins stadium 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manage DATE: June 5, 2001 SUBJECT: Community Leadership Poll Attached please fmd a poll prepared by Councilmember Nelson. As indicated on the study session agenda, there is an item to discuss the Twins Stadium. Councilmember Nelson would like to discuss the points set forth on the attached community leadership poll as part of that discussion. Councilmember Nelson would appreciate your review of the poll to facilitate the discussion of that agenda item. 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 BROOKLYN CENTER STADIUM CO "ITTEE BROOKLYN CENTER, MN, USA An All- American City A Millennium Community ommuni& Leadership Poll NOTE: To determine if there is the possibility for a community consensus, complete this anonymous response poll and return it within three days in the envelope provided. 1) What do you see as the role of professional sports businesses in Minnesota? 2) How do you think professional baseball fits the economic agenda of Minnesota? 3) What do you understand about the Minnesota Twins' need for a new ballpark? 4) What do you perceive are the long -range economic and business development needs of Brooklyn Center? 5) How do you think that an open -air stadium (retractable -roof ready), with a 30-year lease from the Minnesota Twins and /or Major League Baseball, could contribute to long -term economic solutions for Brooklyn Center? 6) How do you compare the desirability of a corporate - sponsored "community stadium" with other potential economic developments? (Please state your alternative economic development ideas) 7) How committed are you to supporting a feasibility study for a Brooklyn Center stadium? * * * * *BuildingA Quality Community * * * ** i MINNESOTA i DEPARTM NNTOFHEALTH Protectin& maintaining and improving the health of all Minnesotans June 21, 2001 Dear Mr. Oman, Thank you for your recent letter regarding the former Joslyn Manufacturing Superfund site in Brooklyn Center. The Minnesota Department of Health (MDH) has been contacted by a number of residents in the area of the site and have also been in contact and met with members of the Brooklyn Center Community Association (BCCA) to hear their concerns. MDH Site Assessment and Consultation (SAC) Unit staff have been requested by staff from the Minnesota Pollution Control Agency (MPCA) to prepare an evaluation of human health concerns associated with contamination remaining on the western end of the site, known as the West Area. This evaluation will also include Twin Lakes. MDH staff carry out this work under an agreement with the federal Agency for Toxic Substances and Disease Registry (ATSDR), a branch of the Centers for Disease Control and Prevention (CDC) located in Atlanta, Georgia. This evaluation, known as a Health Consultation, includes a summary of the known facts about the West Area, an evaluation of the contamination, and our conclusions and recommendations for the protection of public health. Community concerns about the contamination, past use patterns and the impact of future activities will all be taken into consideration. This process is underway, and will be completed later this summer. In the interim, we are recommending area residents refrain from entering the West Area. The area has been partially fenced and posted by the site owner. To ensure that any proposed road is constructed in such a fashion that it does not expose buried contamination or create an exposure pathway for users of the road, including pedestrians, MDH staff will support MPCA staff in their review of any proposed road construction plans for the development portion of the Joslyn site. It is our understanding that MPCA has not yet received a proposed plan. If you have any questions about MDH's activites, or other concerns about the West Area please feel free to contact me or Tannie Eshenaur, MDH's health educator assigned to the site at (651) 215 -0916. Sincerely, t s Kelly Health Assessor Site Assessment & Consultation Unit cc: Kathy Carlson, MPCA Helen Goeden, MPCA I General Information: (651) 215 -5800 ■ TDD /TTY: (651) 215 -8980 ■ Minnesota Relay Service: (800) 627 -3529 0 wwwhealth.state.mn.us For directions to any of the MDH locations, call (651) 215 -5800 ■ An equal opportunity employer i Summary of Council and EDA Actions on Joslyn Date City Council EDA Discussion 4/27/98 X Resolution authorizing the EDA to submit a containment grant application to the Department of Trade and Economic Development. 8/17/98 X Development issues and projects for the potential use of the Joslyn site and TIF. 10/13/98 X Resolution authorizing the EDA to apply for a contamination clean up grant from the Minnesota Department of Trade and Economic Development. Resolution authorizing the submission of a grant application to the Metropolitan Council for the tax base revitalization account. 1/11/99 X Resolution calling for a public hearing to be held on February 8, 1999, regarding the creation of tax increment financing (soils condition) district and the adoption of a tax increment financing plan therefore. 2/8/99 X X Public hearing on creation of tax increment financing district for Joslyn site. This item was continued to the February 22, 1999, meeting. 2/22/99 X Continuation from February 8, 1999, meeting of public hearing on creation of tax increment financing district for Joslyn site. This item was continued to the March 8, 1999, meeting for further refinement of documents. 3/8/99 X Continuation from February 22, 1999, meeting of public hearing on creation of tax increment financing district for Joslyn site. Resolution approving the establishment of tax increment financing (soils condition) district no. 4 and the adoption of a tax increment financing plan therefor. 4/26/99 X Resolution approving and authorizing execution of a development agreement for the Joslyn Poleyard Twin Lake Business Park (Real Estate Recycling). 5/24/99 X Planning Commission Application Co. 99005 submitted by Ryan Companies U5, Inc. requesting for site and building plan approval for a 203,040 square foot furniture distribution center as the first part of the redevelopment of the old Joslyn Poleyard site (4837 France Avenue). 7/12/99 X Resolution establishing improvement project no. 1999 -20, Azelia Avenue improvements and authorizing the preparation of plans and specifications. Ir Date City Council EDA Discussion 8/9/99 X Resolution ordering project, approving plans and specifications and authorizing ad for bids, improvement project no. 1999 -20, contract 1999 -L, Azelia Avenue improvements. 10/11/99 X An ordinance vacating a drainage and utility easement in Dale and Davies 3' Addition. 10/25/99 X Resolution authorizing the EDA to apply for a contamination clean up grant from the Minnesota Department of Trade and Economic Development. Resolution authorizing the submission of a grant application to the Metropolitan Council for a tax base revitalization account. 11/1/99 X Joslyn water hook up charges. 11/8/99 X Resolution setting water connection fee for Joslyn site redevelopment. 1 /10 /00 X Letter shared commending staff on the Joslyn development. 1/24/00 X Resolution recommending the creation of a TIF district #4, dividing the EDA Fund into an EDA # 1 fund and an EDA #2 fund, and amending the 2000 EDA budget. 6/12/00 X Consideration of acquisition with Minnesota Tile. Staff report regarding Highway 100 segment 4 design. 7/10/00 X Resolution approving and authorizing execution of a development agreement with Real Estate Recycling for additional redevelopment. This item was tabled to the July 24, 2000, meeting. 7/19/00 X Special session at Northport Elementary School regarding the presentations from City staff, Real Estate Recycling, Commissioner Mike Opat, and Phil Cohen. 7/24/00 X X Resolution approving Highway 100 segment 4 preliminary plan. Consideration of engaging services with SEH. There was a motion to hire SEH to review the layout proposed and examine if there was other viable options. Resolution approving and authorizing execution of a development agreement with Real Estate Recycling for additional redevelopment. This item was tabled to the August 14, 2000, meeting. t qF Date City Council EDA Discussion 8/14/00 X X Planning Commission Application No. 2000 -018 submitted by Paul Hyde, Twin Lakes II, LLC requesting for preliminary plat approval to subdivide four existing parcels of land located at the northeast quadrant of Azelia and Lakebreeze Avenues North into two new lots for redevelopment purposes. Resolution approving and authorizing execution of a development agreement. This item was tabled from the July 24, 2000, meeting and was tabled again to the September 25, 2000, meeting. 9/25/00 X X Resolution approving final plat, Joslyn Second Addition. Resolution releasing Lot 3, Block 1, Joslyn Addition, from a utility maintenance agreement. Resolution approving and authorizing execution of a development agreement. This item was tabled at the July 24, and August 14, 2000, meetings and was tabled again to the October 23, 2000, meeting. 10/9/00 X Resolution authorizing the EDA to apply for a contamination clean up grant from the Minnesota Department of Trade and Economic Development. Resolution authorizing the submission of a grant application to the Metropolitan Council for the tax base revitalization account. 10/23/00 X Resolution approving and authorizing execution of a development agreement. This item was tabled at the July 24, August 14, and September 25, 2000, and was tabled again to November 27, 2000. 11/13/00 X Report and presentation on Highway 100 project and relocation of France Avenue. 11/27/00 X Highway 100 discussion. Resolution selecting option for France Avenue in connection with the reconstruction of Highway 100 on the west side of the proposed Highway 100 project. 12/11/00 X Resolution authorizing execution of a memorandum of understanding with Mn/DOT regarding the construction of the relocation of France Avenue. Resolution approving and authorizing execution of a development agreement. This item was tabled from July 24, August 14, September 25, October 23, 2000, and was again tabled to January 8, 2001. I F ' I Date City Council EDA Discussion 1/8/01 X Resolution approving and authorizing execution of a development agreement. 3/26/01 X Paul Hyde resented the City Council with a replica of Y p Y p an award that Real Estate Recycling received from the National Association of Industrial and Office Properties. I Public Copy CITY COUNCIL MEETING City of Brooklyn Center June 25, 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. June 11, 2001 - Study Session 3. June 11, 2001 -Regular Session b. Licenses C. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2001 -14, Contract 2001 -E, Construction of Storage Building at Centerbrook Golf Course d. Resolution Approving Change Order No. 1, Improvement Project Nos. 2000 -16 and 2000 -17, Contract 2000 -G, Palmer Lake Ponds and Palmer Lake Trails CITY COUNCIL AGENDA -2- June 25, 2001 e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 7. Presentations a. Mayor Kragness: Dan Vang Presentation on Northbrook Shopping Center and 4' of July Carnival b. Deloitte & Touche LLP Presentation on Annual Financial Report - Resolution Accepting the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 2000, Amending the 2000 General Fund Budget, and Ratifying Interfund Loans • Requested Council Action: - Motion to adopt resolution. 8. Public Hearings a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (NE Quadrant of 69' and Brooklyn Boulevard) • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Amending Chapter 23 Relating to the Licensure of Massage in the City of Brooklyn Center •Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. C. Consideration of Private Kennel License Application Submitted by David Kramlinger, 5415 Dupont Avenue North *Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to render a final decision to affirm, reverse, or amend the City Manager's decision to deny a private kennel license. CITY COUNCIL AGENDA -3- June 25, 2001 d. Consideration of Private Kennel License Application Submitted by Peter Tallman, 6930 Newton Avenue North • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to render a final decision to affirm, reverse, or amend the City Manager's decision to deny a private kennel license. 9. Planning Commission Item a. Planning Commission Application No. 2001 -014 Submitted by Architectural Alliance. Request for Site and Building Plan Approval to Construct a 2,505 Square Foot Covered Walkway for Medtronic at their Shingle Creek Parkway Complex. The Planning Commission recommended approval of this application at its June 14, 2001, meeting. • Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -014 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of Our Earle Brown Days Junior Golf Tournament • Requested Council Action: - Motion to adopt resolution. b. Resolution Expressing Appreciation for the Volunteer Efforts of Target Employees at the Eugene Hagel Arboretum *Requested Council Action: - Motion to adopt resolution. C. Update on Status of Highway 100 •Requested Council Action: None, update only. d. Resolution Authorizing Acceptance of Payment in Satisfaction of the Termination Agreement Dated the 28` Day of November 2000 By and Between the Housing and Redevelopment Authority (HRA) of the City of Brooklyn Center, the City of Brooklyn Center, and Brookdale Associates Limited Partnership (Successor and Interest to Brookdale Three Limited Partnership) • Requested Council Action: - Motion to adopt resolution. i CITY COUNCIL AGENDA 4- June 25, 2001 e. 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. -This time was tabled from the June 11, 2001, meeting. • Requested Council Action: - Motion to adopt Planning Commission ApplicationNo. 2001 -012 subject to the conditions recommended by the Planning Commission. f. Report on Police Staffing • Requested Council Action: -None, report only. 11. Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 11, 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 Ed Nelson, Bob Peppe, and Tim Ricker. Councilmember Lasman was absent and excused. Also Present: City Manager Michael J. McCauley, Community Development Director Brad Hoffinan, Director of Fiscal and Support Services Doug Sell, and Deputy City Clerk Maria Rosenbaum. Public Works Director Diane Spector arrived at 6:30 p.m. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Peppe raised a question regarding agenda item 6c, Resolution Authorizing Use of Credit Cards. City Manager Michael McCauley responded that this issue is before the Council to authorize the City Manager to make purchases on behalf of the City by use of credit card and to authorize any City Officer or employee who is authorized, which he believes to be four or five, to make purchases on behalf of the City under Section 471.382 of the Minnesota Statutes which was adopted by the Minnesota Legislature. Councilmember Ricker raised a question regarding agenda item 9h, Report on Alcohol Compliance Checks. Mr. McCauley discussed that staff is working with the City's attorney to address the action that will be taken for formal action and that this issue will be brought back to the Council for approval. Mayor Kragness stated that she had a concern with agenda item 9c, Resolution for Security Transactions with Treasury Direct. Mr. McCauley discussed the resolution and Director of Fiscal and Support Services Doug Sell explained the process that will be used for transactions. Councilmember Peppe discussed his concern on agenda item 8a, Planning Commission Application No. 2001 -012 Submitted by Opus Northwest, LLC regarding truck traffic through the residential area and questioned what will happen if the MPCA does not approve the plan. Mr. McCauley responded is that he believes that the MPCA has no reason to disapprove the plan. 06/11/01 -1- DRAFT Council further discussed the issue and Councilmember Peppe stated that he wanted to know what assurance the City would have if the route does not go through and if there will be a route for the trucks so that they will not be going through the residential area. Councilmember Nelson suggested tabling the item to the July 9, 2001, City Council meeting. Public Works Director Diane Spector, who arrived at 6:30 p.m., discussed that staff could check with Mn/DOT on the issue; however, she believes the only assurance they will offer is that they will work with the City to design an alterative and reviewed a France Avenue alterative. Mr. McCauley suggested that the Council continue this discussion to the regular meeting. TWINS STADIUM Councilmember Nelson indicated that the issue of the Twins Stadium should be addressed as a Brooklyn Center Community Stadium that will be leased by the Twins. Councilmember Nelson requested to have this issue tabled to the June 23, 2001, study session. HISTORICAL MARKER 69 AND BROOKLYN BOULEVARD Mr. McCauley discussed that Councilmember Lasman had requested the Council consider placing an historical marker at 69 and Brooklyn Boulevard. It was the consensus of the Council to have staff design a marker and incorporate it into the 69 ' and Brooklyn Boulevard project at the southwest quadrant of the intersection where the Howe and Brooklyn Center Stores were once located. I MISCELLANEOUS Councilmember Nelson requested that the May 29, 2001, minutes be modified to indicate that he abstained from the vote on City Council Agenda Items 8a, Planning Commission Application No. 2001 -009 Submitted by BKV Group, and 8b, Planning Commission Application No. 2001 -010 Submitted by Loucks Associates. Mayor Kragness informed Councilmember Nelson that he would have had to verbally done so at the meeting and that the minutes could not be modified to that request. Councilmember Nelson requested that it be noted in these study session minutes that his intention was to abstain from the vote of Planning Commission Applications 2001 -009 and 2001 -010. ADJOURNMENT The study session continued into the informal open forum at 6:45 p.m. City Clerk Mayor 06/11/01 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 11, 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 Ed Nelson, Bob Peppe, and Tim Ricker. Councilmember Lasman was absent and excused. Also present: City Manager Michael J. McCauley, Community Development Director Brad Hoffman, Director of Fiscal and Support Services Doug Sell, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Paul Oman, 5239 East Twin Lake Boulevard, was present to discuss with the Council agenda item 8a, Planning Commission Application No. 2001 -012 Submitted by Opus Northwest, LLC. Mayor Kragness informed Mr. Oman that he would have to address the Council at the regular City Council meeting since the item that he wished to discuss was on the agenda. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn informal open forum at 6:59 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. 41 06/11/01 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Ed Nelson, Bob Peppe, and Tim Ricker. Councilmember Lasman was absent and excused. Also present: City Manager Michael J. McCauley, Community Development Director Brad Hoffman, Director of Fiscal and Support Services Doug Sell, 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 Ricker reported that there would be a Smart Growth Regional meeting at Constitution Hall on June 14, 2001, at 6:00 p.m. Councilmember Nelson reported that he attended the AMM 2001 Annual meeting on May 31, 2001, the Earle Brown Days Board of Directors Meeting on June 5, 2001, the Earle Brown Terrace Tenants Association meeting on June 8, 2001, and that the Park and Recreation Commission will be holding a community meeting on June 13, 2001, at Twin Lake Park. Councilmember Nelson reminded the Council that the Earle Brown Days Events will take place June 21 through June 23, 2001, that the community focus groups with the Metropolitan Council will be on July 11, 2001, at the Earle Brown Heritage Center, and that there will be a Highway 100 meeting on Segment Four at the West Fire Station on July 12, 2001. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve the minutes from the May 21, 2001, worksession, and the May 29, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICE OPERATOR Brooklyn Center Community Center 6301 Shingle Creek Parkway 06/11/01 -2- DRAFT MECHANICAL Advantage Air 325 130" Street West, Shakopee Harris Companies 909 Montreral Circle, St. Paul Minnesota Heating and Air 1070193 rd Avenue North, Maple Grove Sharp Heating and A/C 4854 Central Avenue NE, Columbia Heights RENTAL Renewal: 1329 63r 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 6c. RESOLUTION AUTHORIZING USE OF CREDIT CARDS RESOLUTION NO. 2001-79 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING USE OF CREDIT CARDS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. 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 A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve first reading of ordinance and set second reading and public hearing for July 9, 2001. Motion passed unanimously. • 06/11/01 -3- DRAFT 6e. 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 RESOLUTION NO. 2001-80 Councilmember Peppe introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-81 Councilmember Peppe 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 Nelson. Motion passed unanimously. 7. RECOGNITION OF SAFETY PATROLS AT WILLOW LANE ELEMENTARY SCHOOL - RESOLUTION COMMENDING SAFETY PATROLS AT WILLOW LANE ELEMENTARY SCHOOL Mayor Kragness read the resolution commending the safety patrols at Willow Lane Elementary School. RESOLUTION NO. 2001-82 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION COMMENDING SAFETY PATROLS AT WILLOW LANE ELEMENTARY SCHOOL 06/11/01 -4- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. 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. Planning and Zoning Specialist Ron Warren outlined Planning Commission Application No. 2001- 012 submitted by Opus Northwest, LLC requesting for site and building approval for a 109,000 square foot 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 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. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 06/11/01 -5- DRAFT 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 plan shall be 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. Councilmember Nelson requested for public input. Mac Hyde, Partner of Real Estate Recycling, addressed the Council. Councilmember Peppe asked Mr. Hyde when the beginning of Phase Three would begin and if any leases had been signed. Mr. Hyde responded that the project would begin in mid August and that they have not signed a lease yet with any tenants. There is very strong interest but until the development plans are approved there will be no leases signed. The project will be finished in the spring of 2002. Councilmember Nelson stated that he believes that Mr. Hyde had indicated to the Council that Phase Three would be done in December 2002 and questioned why this project is being rushed since not all the answers have been found for the Highway 100 project. 06/11/01 -6- r 6 DRAFT . Mr. Hyde responded that they are on schedule beginning Phase Two in mid 2000 and starting construction again in the spring once the footings and foundation had been laid and finishing the end of July. Mr. Hyde informed the Council that they are following the same pattern with Phase Three and that once the leasing is complete will start the construction in 2001 having the building ready to go in 2002. Mr. Hyde discussed the uncertainty of the market with the Highway 100 project and that he believes that with the markets and the development changing with a site like this, there is a competitive advantage. Councilmember Nelson questioned if the MPCA approval had been received for this project. Mr. Hyde informed the Council that yes the MPCA approval had already been received. The MPCA had approved the project, de- listed the site that made it possible for them to finance the project and that there was a condition in the approval that the project would have to be completed as planned. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to discuss his concern with the approval of this project and to ask the Council to consider the actual cost and tabling this issue for consideration of other alternatives. Councilmember Peppe discussed that the Council discussed this issue at the study session and that his biggest concern is with the MPCA approval and what will happen if the proposed route is not approved. Councilmember Peppe indicated that he is comfortable with the project proposed; however, does not want to have truck traffic diverted through the residential neighborhood. The Council discussed alternatives to the route if the MPCA did not approve the plan and the potential cost to the City. Councilmember Nelson made a motion to table this item to the July 9, 2001, meeting for staff to gather more information for a better understanding of the alternatives. City Manager Michael McCauley suggested that the Council consider tabling this item to the June 25, 2001, meeting. Councilmember Nelson amended his motion to table this item to the June 25, 2001, meeting, seconded by Councilmember Ricker. Motion passed unanimously. 8b. 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. 1 - DRAFT 06/ 1 /Ol -7 THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MAY 31, 2001, MEETING. Mr. McCauley discussed that the Planning Commission recommended approval of Planning Commission Application No. 2001 -013 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. 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 of 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. A motion by Councilmember Peppe, seconded by Councilmember Nelson to approve Planning Commission Application No. 1002 -013 subject to the above listed conditions. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDCIATED PUBLIC SERVICE OF ROBERT NEUENFELDT Councilmember Peppe read the resolution expressing recognition of and appreciation for the dedicated public service of Robert Neuenfeldt. 06/11/01 -8- DRAFT • RESOLUTION NO. 2001-83 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDCIATED PUBLIC SERVICE OF ROBERT NEUENFELDT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9b. PROCLAMATION DECLARING JUNE 21, 2001, TO BE ERNEE MCARTHUR DAY Mayor Kragness read the proclamation declaring June 21, 2001, to be Ernee McArthur Day. Councilmember Peppe discussed that Ernee McArthur has done a lot for the City and that this proclamation is well deserved. A motion by Councilmember Nelson, seconded by Councilmember Peppe to adopt proclamation declaring June 21, 2001, to be Ernee McArthur Day. Motion passed unanimously. 9e. RESOLUTION FOR SECURITY TRANSACTIONS WITH TREASURY DIRECT ® Mr. McCauley iscussed that this resolution would authorize the City Manager, of Fiscal Y Y er g and Support Services, and the Assistant Finance Director as individuals to have authority to make investment purchases or sale of treasury securities on behalf of the City. RESOLUTION NO. 2001-84 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION FOR SECURITY TRANSACTIONS WITH TREASURY DIRECT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9d. RESOLUTION AUTHORIZING CHANGE IN DENTAL INSURANCE PROVIDER TO DELTA DENTAL PLAN OF MINNESOTA Mr. McCauley discussed that the current dental provider increased the premiums by 40 percent, based on the City's claims and use of the insurance. Staff had been working with a group on different proposals from dental insurance carriers. Delta Dental was the company that would offer the City lower premiums for dental insurance. 06/11/01 -9- DRAFT This resolution would authorize Delta Dental to provide insurance to the City's employees. RESOLUTION NO. 2001-85 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING CHANGE IN DENTAL INSURANCE PROVIDER TO DELTA DENTAL PLAN OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 9e. RENTAL LICENSE FFEES Mr. McCauley discussed that the Council previously reviewed the rental license fees and had requested more information on 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. The cities of Bloomington, Brooklyn Center, and Crystal were surveyed and the summary was included with the materials. It was the consensuses of the Council to have this item placed on a study session agenda to further discuss the increase of rental license fees. 9f. STAFF REPORT RE: WATERSHED SECOND GENERATION PLAN Public Works Director Diane Spector reported on the proposed watershed second generation plan which would guide the next ten years of water resources efforts and gave a brief history of the City's involvement as a member of the joint powers Shingle Creek and West Mississippi Watershed Management Commissions, which are state - mandated watershed organizations. The proposed watershed second generation plan would be a substantial investment of time and resources and is estimated to cost $200,000 between the two watershed commissions. The planning process will take about one and a half years and require significant staff, Council, Advisory Commission, agency, and community participation. A Steering Committee has been appointed to oversee the process. Ms. Spector indicated that she has been elected to Chair for the Steering Committee and discussed that a public forum would be held in July to provide information on the Commission's activities and to identify problems and issues that should be addressed in this next ten year plan. Mr. McCauley discussed the issue prioritization and asked if the Council is comfortable with the development of priorities for the watershed and the local Brooklyn Center priorities. It was the consensus of the Council that the priorities were appropriate. 06/11/01 -10- DRAFT 9g. CODE COMPLIANCE REPORT Mr. McCauley reported that code compliance is in full swing and that the southeast portion of the City had been completed. There were 449 violations with unlicensed or inoperable vehicles having the highest number of violations and accumulation of rubbish, brush, debris, junk, furniture, and appliances having the second and third highest violations. Mr. McCauley discussed that 304 code compliance letters had been sent and that there were a total of six second code compliance letters sent, with two citations or formal complaints issued. Mayor Kragness asked how much time the letter indicated when the person receives a code compliance letter. Mr. McCauley responded that the people are generally given two weeks; however, there are special circumstances for allowing more than two weeks to come in compliance for major repairs or projects. 9h. REPORT ON ALCOHOL COMPLAINCE CHECKS Mr. McCauley reported that the Police Department had conducted alcohol compliance checks during the month of May to assure that establishments licensed to sell alcoholic beverages were not making sales to minors. Two businesses failed to ask for identification from underage adults and served them alcohol. Criminal prosecution is pending and staff is reviewing the procedure before asking the Council for direction since it has been some period of time since the City has had to prosecute. 9i. AN ORDINANCE AUTHORIZING THE SALE OF A PORTION OF LOTS 8 AND 9 BLOCK 1 LANES BROOKLYN CENTER ADDITION, ACCORIDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA BY THE CITY OF BROOKLYN CENTER TO THE EDA Mr. McCauley discussed that this ordinance would allow a portion of Lots 8 and 9, Block 1, Lane's Brooklyn Center Addition, that are currently part of the greenscape /right -of -way along 69" Avenue to be conveyed to the Economic Development Authority. The EDA will in turn convey this property as part of the development site to RonSam LLC. The City Charter requires an ordinance for the sale of real property by the City and this ordinance would provide conveyance to the EDA. A motion by Councilmember Nelson, seconded by Councilmember Peppe to approve first reading and set second reading and public hearing for July 9, 2001. Motion passed unanimously. ® 06/11/01 -11- DRAFT 10. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:21 p.m. Motion passed unanimously. City Clerk Mayor I 06/11/01 -12- DRAFT City Council Agenda Item No. 6b WMT City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: June 19, 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 25, 2001. AMUSEMENT DEVICES AMF Earle Brown Bowl Lanes 6440 James Circle North Denny's Restaurant 6405 James Circle North MCTO 6845 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Avenue North GARBAGE HAULERS Aatlas Waste Services LLC 4640 B Lyndale Avenue North, Minneapolis Aspen Waste Systems, Inc. 2523 Wabash Avenue, St. Paul Mengelkoch Company 119 NW 14 Street, New- Brighton Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls Walz Brothers Sanitation P.O. Box 627, Maple Grove MECHANICAL Air and Furnace Care 4101 93r Avenue North, Brooklyn Park Carrier Commercial Services 7550 Washington Avenue S, Eden Prairie Kraemer Heating, Inc. 7441 Dallas Court, Maple Grove RENTAL Renewal: 1107 57' Avenue North Bobby and Sally Robson 5448 Humboldt Avenue North Francis and Lorri Kaas 120157' Avenue North Edward Doll SIGN HANGER Attracta Sign 7420 West Lake Street, St. Louis Park 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 6c MEMORANDUM DATE: June 19, 2001 TO: Michael McCauley, City Manager FROM: Michael Krech, Public Works Specialist SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 2001- 14, Contract 2001 -E, Construction of Storage Building at Centerbrook Golf Course Summary Explanation Bids for Contract 2001 -E were received and opened on June 19, 2001. The bidding results are tabulated as follows: Bidder Bid Amount Lester Buildings, Inc. $83,864.00 ENGINEER ESTIMATE $93,000.00 Of the one (1) bid received, the lowest bid of $83,864.00 was submitted by Lester Buildings, Inc. This project was advertised for 21 days in the Construction Bulletin, which is the most widely read notice publication. Although more bidders would have been preferred, Lester Buildings, Inc. is a competent company and their bid is lower than the Engineer's Estimate. The Engineer's Estimate for the project was $93, 000.00. The bid is $9,136 below the Engineer's estimate which is indicative of a competitive bidding environment even though other companies did not submit a bid. Lester Buildings, Inc. has proven experience in performing all of the requirements included in this contract and has the resources necessary to complete the project. Accordingly, staff recommends acceptance of the low bid and award of the contract to Lester Buildings, Inc. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding the Centerbrook Storage Building contract to Lester Buildings in the amount of $83,864.00. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001-14, CONTRACT 2001 -E, CONSTRUCTION OF STORAGE BUILDING AT CENTERBROOK GOLF WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 2001 -14, bids were received, opened, and tabulated by the City Engineer on the 19th day of June, 2001. Said bids were as follows: Bidder Bid Amount Lester Buildings, Inc. $83,864.00 WHEREAS, it appears that Lester Buildings, Inc. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Lester Buildings, Inc. of Lester Prairie, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 2001 -14, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer. 2. The estimated contract costs and revenues are as follows. Additional cost for utility work and building finishing are not shown here. COSTS Feasibility Estimate As Amended Per Low Bid Contract $93,000.00 $83,864.00 Contingency (10 %) 9,300.00 $8,386.40 Subtotal Construction Cost $102,300.00 $92,250.40 Admin/Legal/Engr. $2,500.00 $2,500.00 Total Estimated Project Cost $104,800.00 $94,750.40 REVENUES Water Fund $94,800.00 $84,750.40 Golf Course Fund $10,000.00 $10,000.00 • Total Estimated Revenue $104,800.00 $94,750.40 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I I City Council Agenda Item No. 6d MEMORANDUM DATE: June 19, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineerl I SUBJECT: Resolution Approving Change Order No. 1, Improvement Project Nos. 2000 -16 and 2000 -17, Contract 2000 -G, Palmer Lake Ponds and Palmer Lake Trail Introduction On December 11, 2000 the City Council awarded a construction contract to Viet Construction Company. Change Order No. 1 in the amount of $59,052.50 is proposed to add additional riprap, additional muck excavation and an increased quantity in tree removal. Background On April 10, 2000, Council approved a professional services contract with WSB and Associates, Inc. to complete detailed design and obtain the necessary environmental permits. The design was completed and the project was awarded in December, 2000. The Project includes T e P Ject ud constructing regional ponds on the east and west side of Palmer Lake and raising and rerouting a portion of trail that is frequently flooded. The purpose of the project is to improve the water quality of Palmer Lake, provide off -site storm water treatment for future development of property around 69 and Brooklyn Boulevard and enhance the use of recreational facilities around the lake. Discussion WSB Associates has been engineering and administering the contract and have recommended the approval of Change Order No. 1. The change order was initiated to include the following changes: • The quantity of riprap was increased at the west pond outlet to better protect the newly installed skimmer structure. • The quantity of tree removal was increased to reflect the actual field conditions. • The quantity of muck excavation was increased to expand the wetland mitigation area at East Palmer Lake Park as required by the Corps of Engineers' permit. The ro'ect completion has been delayed due to extremely wet condition. It is anticipated the p J p Y Y p remaining trail and restoration work can be completed in about 10 days after lake elevations subside. Landscaping work will follow under a separate contract. A resolution approving Change Order No. 1 is attached for council consideration. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000 -16 and 2000 -17, CONTRACT 2000 -G, PALMER LAKE PONDS AND PALMER LAKE TRAIL WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Veit Construction Company is completing the following improvement in accordance with said contract: Improvement Project Nos. 2000 -16 and 2000 -17, Contract 2000 -G, Palmer Lake Ponds and Palmer Lake Trail. WHEREAS, the City of Brooklyn Center wishes additional riprap at the west pond outlet to better protect skimmer structure; and WHEREAS, the City of Brooklyn Center finds it necessary to increase muck excavation at East Palmer Lake Park as required by Corps of Engineers; and WHEREAS, the City of Brooklyn Center finds it necessary to increase tree removal to reflect actual field conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved for additional riprap, and additional muck excavation and an increased quantity in tree removal. 2. Projected costs and revenues are hereby amended as follows: • RESOLUTION NO. COSTS Per Low Bid As Amended Per Chanize Order No. 1 Contract $ 206,450.00 206,450.00 Change Order No. 1 -- 59,052.50 Contingency (10 %) 20,645.00 10,645.00 Subtotal Construction Cost $ 227,095.00 276,147.50 Admin/Legal/Engr. 65,000.00 65,000.00 Landscaping $ 10,000.00 10,000.00 Total Estimated Project Cost $ 302,095.00 351,147.50 REVENUES Storm Drainage Utility $ 166,152.00 201,147.50 Tax Increment EDA $ 135,943.00 150,000.00 Total Estimated Revenue $ 302,095.00 351,147.50 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. 6e • s MEMORANDUM DATE: June 20, 2001 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide ' G' 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 trees at the following addresses are hereby declare_ d to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER BROOKDALE FORD 2500 COUNTY RD 10 13 CITY OF BROOKLYN CENTER LION'S PARK 14 TIMOTHY OLSON 5901 UPTON AVE N 15 JOHN GARDAS 5900 VINCENT AVE N 16 CYRIL & NETTIE MURRAY 6000 ABBOTT AVE N 17 MICHAEL & PATRICIA PRATT 906 60 AVE N 18 THOMAS & JULIE REPINSKI 6024 JUNE AVE N 19 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 RESOLUTION NO. The motion for the adoption, of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a i There are no materials for this item. i City Council Agenda Item No. 7b Memorandum Date: June 19, 2001 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Comprehensive Annual Financial Report (CAFR) for the Year Ended December 31, 2000 Auditors from Deloitte &Touche have completed their work including a review of the City's CAFR for the year ended December 31, 2000. Representatives from Deloitte &Touche made a presentation to the City Council and the Financial Commission at the council's work session on Monday, June 18, 2001. Mr. Hoffman has indicated that he will be present at the City Council meeting on Monday, June 25, 2001 to make the formal presentation. Submission of the CAFR to the Office of the State Auditor is mandated by statute no later than June 30, 2001. We are suggesting that the attached resolution be presented to the Council for adoption at the June 25, 2001 meeting to meet the submission deadline. Copies of the CAFR have been provided to the City Council along with several letters from the auditor to include the Auditor's Report on Compliance and Internal Control and the Auditor's Management Letter. We have reviewed the management letter and provided responses to the comments and observations of the auditor. Our comments have been summarized in a memorandum and attached. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 2000. WHEREAS, the City of Brooklyn Center is required by State Statute and City Charter to annually produce financial statements for submission to the Office of the State Auditor by June 30 and WHEREAS, the City of Brooklyn Center is required to provide an auditor's opinion as to the representations in the annual financial statements; and WHEREAS, the attached financial statements have been audited by Deloitte & Touche LLP as required; and WHEREAS, Deloitte & Touche LLP have opined that the general purpose financial statements present fairly, in all material respects, the financial position of the City of Brooklyn Center as of December 31, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the Comprehensive Annual Financial Report for the City of Brooklyn Center for the calendar year ended December 31, 2000 is hereby accepted. 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. • Memorandum Date: June 15, 2001 To: Michael J McCauley City Manager From: Douglas Sell Director of Fiscal and Support Services RE: Management Letter — 2000 Audit Results Following completion of the annual audit, the auditing firm generally prepares a letter that identifies issues or concerns they encountered or observed as part of the review. Mr. Hoffinan, the partner -in- charge from Deloitte &Touche for the City's audit, has provided the City with such a letter. He has identified several items as follows. PG &E Investment This investment provided for the purchase of $2.5 million in commercial paper that may have been ill advised. Mr. Hoffinan has suggested that the City continue its efforts to improve controls and monitoring of investments on a regular basis. We concur with the observation and have implemented a control system that includes documentation of each investment transaction (rate of return, maturity date, type of security, etc.). A monthly recapitulation report is prepared reflecting all investment activity. We have suspended all purchases of investments that represent this kind of risk to include commercial paper pending a review of the Investment Policy with the Finance Commission. Fixed Assets - Trade -in Mr. Hoffinan has noted that the trade -in allowance or value has been applied to the purchase price of new equipment reducing the initial cash outflow. This has been standard practice for the City. When the City has traded a vehicle or equipment as part of a new purchase, it has applied the trade value towards the purchase price of the new equipment or vehicle. However, the City was not capitalizing the acquisition cost of the new asset (total purchase price). Rather, the City was capitalizing the net acquisition cost (total purchase price less the trade -in value). This is in violation of generally accepting accounting practices. Although this may not have a material effect on the financial statements, it is a practice that needs to be corrected. With the implementation of GASB #34 in 2003, this practice must change. During 2002, we will be reviewing the practice and making the necessary adjustments to process to correct this problem. Accrual for Post Employment Benefits Historically, the City has set aside amounts to fund post retirement employee benefits (health insurance) in accordance with a plan. Mr. Hoffman has indicated that this plan should be reviewed and validated with an actuarial study to support the amounts we are setting aside. The issue has been the inflationary factor the City employs to adjust the contributions upward. This inflation factor has been set at 6.0 %. While this has been sufficient and the actual cost of this benefit is less than $25,000 annually, there is a potential for the benefit to increase in cost over time. However, the cost to generate an actuarial report to document the ongoing requirement may very well exceed the benefit. Segregation of Duties — Utility Billing Mr. Hoffinan has identified a potential breach in the internal control scheme as it relates to the utility billing and receipting practices. Simply, on several occasion, it was noted that the billing technician may be the same individual posting the billing receipts. Their suggestion is a lock -box system. A lock -box system was proposed to the LOGIS group without success as it would require additional software and hardware services and equipment at a separate location. LOGIS is not in a position, at this time, to support the lock -box system as it would require development of additional software to ensure an interface with existing utility billing applications. Although this is not an available solution at this time, we will continue to work with LOGIS to move towards the development of such an application. In the interim, we minimize the access and opportunity issues as there is review of all receipting activities for utility billing within the department as well as independent validation of deposits and bank reconciliations. Capitalization Policy Mr. Hoffman has identified a concern that the level at which the City capitalizes an asset (purchase equipment and /or machinery) may be set to low. Currently, the City capitalizes all purchased equipment and/or machinery with an acquisition cost in excess of $1,000.00. This means that each item we purchase over this threshold amount is capitalized, inventoried and tracked. Mr. Hoffman has indicated that this $1,000.00 threshold may be to low and has suggested a review and that consideration be given to increasing the threshold to $5,000.00. The federal government has established a $5,000.00 level for all dollars it provides to the City in the form of grants or aid. We concur that the level should be reviewed but are not sure that the level he has indicated as the appropriate level for our operation. This issue will be reviewed over then next few months following an analysis of fixed asset activity, the work -load level necessary to maintain fixed asset records and the requirements under GASB #34. Of primary importance will be the protection of assets. • Financial Reporting Model A new reporting model has been developed and Mr. Hoffman has provided the highlights of the reporting standard. We are aware of the new standards and have scheduled staff members to attend training session on this item. Basically, our annual financial report will more closely resemble a statement developed by a profit- oriented organization. The changes in focus will be accounting basis (modified accrual versus full accrual), presentation of a single statement that cuts across all fund types and activities, budgetary presentations for each fund type and a section that provides for management's analysis and comment on the financial statements and results of operations (annual report). There will be an impact on our ability to generate these statements that is compounded by the conversion to a new fiscal management system through LOGIS. We are encouraged that the new fiscal management system will provide additional tools that will assist with the preparation of the new reports. S City Council Agenda Item No. 8a CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing ill be held on the 25th day of June, 2001, at 7:00 g Y .m. or as p soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69TH AND BROOKLYN BOULEVARD) THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1190. COMMERCE DISTRICT (C2). The following properties are hereby established as being within the (C2) Commerce District zoning classification: Leto 6 thrnUgh 18 Bje eEj- 2 j . T ... W -I Section 35 — 1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development zoning classification: 4. The following properties are designated as PUD /C2 (Planned Unit Development/Commerce): Lots 1 through 4, Block 1, RonSam Addition; Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8b I Office of the City Clerk WT City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk JW44t DATE: June 20, 2001 SUBJECT: Public Hearing: An Ordinance Amending Chapter 23 Relating to the Licensure of Massage in the City At its May 29, 2001, meeting, the City Council adopted first reading of An Ordinance Amending Chapter 23 Relating to the Licensure of Massage in the City and set June 25, 2001, as second reading and public hearing. Attached is correspondence from City Attorney Charlie LeFevere regarding the massage ordinance. Attachments 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ii 470 Pillsbury Center ME 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone (612) 337 -9310 fax H A R r ER E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy - graven.com June 18, 2001 Mr. Mike McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Massage Ordinance Dear Mike: As you know, the City has reviewed its massage ordinance at the request of Mr. Dennis Opitz and is currently considering several code amendments. One of the requests made by Mr. Opitz that is not incorporated in the proposed amendment is his request to remove from the code the restriction that massage parlors may not be constructed within 300 feet of a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, or residence. The code amendment being considered by the City Council modifies this requirement, but does not eliminate it. Under the code amendment, a massage business may be allowed within 300 feet of the listed uses provided that it is a part of a bona fide health chub or oualif ed barber shop, hair or beauty salon, or licensed cosmetology salon, as defined in the code amendment. It seems to me that the prohibition against establishing a massage parlor within 300 feet of the listed uses serves several purposes. The prohibition against establishing a massage parlor within 300 feet of currency exchange operations, secondhand goods dealers, pawn shops, tattoo or body piercing establishments, and other massage parlors may help to preserve neighborhood shopping. These kinds of uses may tend to be an indication of a shopping center in decline, and allowing a significant number of such businesses in close proximity may hasten that decline. Additionally, these uses may serve a regional need, but are not as important to local residents as uses like drug stores, dry cleaners, restaurants, grocery stores, and barber shops. The Council may have had in mind preventing the occupation of a large percentage of such commercial space by businesses that do not serve the local community in the same way. CLL- 199103vl BR291 -4 Mr. Mike McCauley June 18, 2001 Page 2 of 2 The proposed code amendment would allow massage parlors within 300 feet of the other listed uses provided the massage use was in a health club, barber shop, hair or beauty salon, or licensed cosmetology salon. Adding a massage therapy business as an accessory use to such businesses would not frustrate the purpose of the 300 foot limitation from these other kinds of businesses. However, deleting the prohibition entirely would allow a massage parlor as a primary business to be located within 300 feet of these other kinds of businesses. The prohibition against locating a massage business within 300 feet of a day care center, church, hospital, halfway house, theater, or residence serves a different purpose. I assume that the purpose of this prohibition is to protect tbL other uses, such as day care centers and residences, from any adverse influences that may result from the establishment of a massage parlor that is not operated as an entirely wholesome or legitimate business. In this case, the proposed amendment provides a certain amount of protection because the massage parlors within 300 feet of a day care center could only be allowed in a business that was a bona fide health club, qualified barber shop, or the like. A bona fide health club must have a capital investment of $250,000 and $20,000 in exercise equipment. Given this kind of capital investment, it seems unlikely that a massage operation will be operated in an illegitimate manner. Likewise, in the case of qualified barber shops, beauty salons, etc., there must be an investment of $30,000, and the massage use can only occupy 15% of the floor area. Because the massage use would clearly be accessory to the primary use, and because of the capital investment and professional licensing of the primary business, again it seems unlikely that a massage operation would be conducted in an illegitimate manner. However, these same protections do not exist if a massage business is allowed to operate as a primary, free - standing business. If the Council finds that there are sufficient controls of massage businesses without the 300 foot limitation, the code amendment could be amended by deleting all of Section 23 -1709, except the first sentence. Very truly yours, Charles L. LeFevere CLL:lh CLL- 199103vl BR291 -4 i 470 Pillsbury Center - - 200 South Sixth Street ikk,JN( L, Minneapolis MN 55402 Griven L (612) 337 -9300 telephone (612) 337 -9310 fax C H A R T E R E D http: / /www.kennedy- graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere @kennedy- graven.com June 1, 2001 Mr. Demiis Opitz 710 58' Avenue North Brooklyn Center MN 55430 RE: Massage Ordinance Dear Mr. Opitz: Your letter to Brooklyn Center Mayor Myrna Kragness has been referred to me for comment. It is unfortunate that you continue to be dissatisfied with the ordinances of the City of Brooklyn Center regulating massage. However, it should be noted that, at your request, the City has expended considerable time and effort in reviewing this matter. This review and consideration by the City Council has resulted in a number of significant changes to the ordinance, most of which liberalize the regulatory provisions of the ordinance. Your letter suggests that some of the changes being proposed by the City may be misunderstood. At your request, the City Council directed that ordinances of other cities be reviewed to determine whether the Brooklyn Center ordinances could be improved. The ordinances reviewed included Mounds View, New Brighton, Rosemount, Brooklyn Park, Crystal, Richfield, Shakopee and Cottage Grove. I believe that these ordinances included those that you requested the City to review. The proposed ordinance that was prepared following that review, and consideration by the City Council, repeals the provision previously contained in the ordinances that allowed only same sex massage. If the ordinance is adopted, masseurs and masseuses may provide massage services to members of opposite sex as well. The ordinance further attempts to assure professionalism in the business by requiring 500 hours of training in massage. The ordinance was also liberalized in a number of other significant ways. To understand these changes, one must realize that the Brooklyn Center ordinance, like most others, requires both a business license for massage businesses and a personal certificate for each of the masseurs and masseuses operating at that business. The current City ordinance requires all massage to occur at licensed massage parlors or massage establislments and prohibits such establishments from CLL- 198037v1 BR291 -4 Mr. Dennis Opitz June 1, 2001 Page 2 of 3 being within 300 feet of certain other businesses such as currency exchanges, pawn shops, tattoo parlors, schools, and certain other uses. The proposed ordinance would substantially liberalize those requirements. The proposed changes to the current ordinance include the following: 1. Massage parlor business licenses would not be required for a number of qualified businesses. Subject to the requirements of the ordinance, these include: a. barber shops; b. hair salons; C. beauty salons; d. health clubs. 2. No business license is required for a masseur or masseuse who holds a valid _certificate to give massages at public places provided both the masseur or masseuse and customer are fully clothed, the place is open to the public and access is not limited to adults, and the massage is limited to the scalp, neck, shoulders, arms and back. This would allow, for example, massage to be conducted, without a business license, at shopping centers and other business locations throughout the City. 3. The provision requiring 300 feet of separation between a massage establishment and other uses such as tattoo parlors has been eliminated in the case of the following businesses meeting the requirements of the ordinance: a. health clubs; b. barber shops; C. hair or beauty salons; d. licensed cosmetology salons. Finally, your letter states that it is your understanding that the proposed amendment will continue to prohibit massage therapy in the City except in medical offices and large businesses. First, the ordinance distinguishes the practice of massage from the practice of medicine. Therefore, such businesses as the practice of medicine, surgery, osteopathy, chiropractic, physical therapy, and others are not subject to the ordinance and are permitted in appropriate zones of the City. Second, as noted above, massage therapy subject to the conditions noted above (both masseur and masseuse being fully clothed, the place open to the public, etc.) would be allowed in any place in the City that is open to the public and where access is not limited to adults. Certainly, massage is permitted in certain large businesses. However, it is not limited to large businesses. Assuming the requirements of the ordinance are met, a massage establishment of any size could be operated in any appropriate location in the City without being connected to any • other business, subject to the 300' separation requirement. Massage therapy could also be located in such qualified small businesses as barber shops, hair or beauty salons, or licensed cosmetology CLL- 198037v1 BR291 -4 Mr. Dennis Opitz June 1, 2001 Page 3 of 3 salons even if they were within 300 feet of such businesses as tattoo parlors, pawn shops, day care centers, and the like. The City appreciates your interest and concern. Your input has resulted in a number of proposed amendments to the City's licensing provisions that would expand the locations and opportunities for the operation of massage businesses in the City. Very truly yours, 1 Charles L. LeFevere CLL:lh cc: Mr. Mike McCauley CLL- 198037vl BR291 -4 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25 day of June, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending Chapter 23 relating to the licensure of massage. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code Section 23 -1701 is amended by adding the following paragraphs: 5. The term "bona fide health club" means those parts of a facility that are designed and used primarily for health and fitness activities and that have a capital investment of at least $250,000 in building and fixtures and at least $20,000 in exercise equipment. 6. The term "qualified" when used to refer to a barber shop, hair or beauty salon, or licensed cosmetology salon, means that such primary use has at least two full time employees engaged in the primary business use, is in a zoning district where such use is a permitted use, has no more than 15% of the floor area of the premises devoted to a massage use, has been in business in the city for at least three years, and has a capital investment in furniture, fixtures and equipment of at least $30,000. 7. The term "recognized school" means a school or educational institution that: a) is in good standing with the Minnesota Therapeutic Massage Network or the American Massage Therapy Association; b) is either registered or licensed with the Minnesota Higher Education Office or accredited by a federally recognized accrediting agency; c) has for its purpose the teaching of the theory, method, profession or work of massage; and d) requires a resident course of study before the student is given a diploma or certificate of graduation following the successful completion of the course of study or learning. ORDINANCE NO. Section 2. Brooklyn Center Code Section 23 -1703 is amended as follows: Section 23 -1703. LICENSE AND CERTIFICATE REQUIRED. No person shall engage in the business of operating a massage parlor or massage establishment either exclusively or in connection with any other business enterprise without being first duly licensed as provided herein. No person shall engage in or hold himself or herself out as being engaged in the practice of massage nor shall any person administer or practice massage commercially or for hire, or for the exchange of any valuable consideration within the City of Brooklyn Center without first having obtained a certificate as herein provided, except any person who is currently registered by the State Board of Medical Examiners. No business license shall be required for Qualified barber shops, hair or beauty salons or for bona fide health clubs; provided, however that all other requirements of Sections 23 -1700 through 23 -1720 must be met, and all masseurs and masseuses must have certificates. No business license shall be required, and the requirements of Section 23 -1712 need not be met, for a masseur or masseuse, holding a current and valid certificate, to give massages to persons at public places if both the masseur or masseuse and the customer are fully clothed._ the place is open to the public and access is not limited to adults, and the massage is limited to the scalp, neck, shoulders, arms and back. Section 3. Brooklyn Center Code Section 23 -1709, paragraph 6 is amended as follows: 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any premises which is within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece or parcel of land as a currency exchange operation, secondhand goods dealer, pawn shop, tattoo or body piercing establishment, another massage parlor, school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater or residence; provided, however, that this limitation shall not apply to bona fide health clubs or qualified barber shop_ s, hair or beauty salons or licensed cosmetology salons. Section 4. Brooklyn Center Code Section 23 -1710 is amended by adding paragraph 6 as follows: 6. Certificates shall be issued only to persons having at least 500 hours of training in massage from a recognized school. • ORDINANCE NO. Section 5. Brooklyn Center Code Section 23 -1711, paragraph 10 is amended as follows: 10. Except as provided in Section 23 -1703, aAny person practicing massage within the City may do so only at premises which are licensed for the conduct of such business as herein provided and further any person practicing massage shall inform the City of any changes in employment or the location of his employment within the City within seven (7) days after such change. Section 6. Brooklyn Center Code Section 23 -1711, paragraph 11 [requiring same sex massage] is repealed and the remaining paragraphs of Section 23 -1711 are renumbered. Section 7. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8c Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk �2 - DATE: June 20, 2001 SUBJECT: Consideration of Private Kennel License Application Submitted by David Kramlinger, 5415 Dupont Avenue North, to Keep Three Dogs Chapter 1 of the Brooklyn Center City Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for Rl and R2 purposes on which three or more dogs or four or more cats six months old or older are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the application based on the sanitation report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. • Section 1- 105.5b reads, "within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected persons then may request a hearing before the City Council to show cause why the City Manager's decision should be changed." The City Manager denied the application for a private kennel license for Mr. David Kramlinger, 5415 Dupont Avenue North, allowing a period of six months to come into compliance with the City Ordinance which allows two dogs to be kept on the premises. Mr. Kramlinger has requested a public hearing before the City Council to show cause why the decision should be changed. Following is a chronological list of events from receipt of Mr. Kramlinger's private kennel license application to request for public hearing. April 24, 2001 Received application for private kennel license from David Kramlinger, 5415 Dupont Avenue North, to keep three dogs, along with $30 license fee. Included with license application were copies of certificates of rabies vaccination for two of the three dogs. April 27, 2001 Sent memorandum to the Building Official requesting a sanitation inspection be completed and a report submitted. Attached is a memorandum from Building Inspector Larry Martin reporting his findings. 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 Memo to Michael J. McCauley Page 2 June 20, 2001 April 27, 2001 Sent memorandum to Police Chief Joel Downer requesting a records check to verify any dog complaints. The attached memorandum from Chief Downer indicates no animal complaints or violations. May 1, 2001 Mailed notice of receipt of application for private kennel license to owners of property within 150 feet of the applicant's property as required by City Ordinances Section 1- 105.5a. Mailed notice to the owner /applicant. May 7 through 17, 2001 Received seven written responses; 5 affirming approval; 2 denying approval. May 22, 2001 City Manager sent letter to owner /applicant denying application for a private kennel license and allowing until November 22, 2001, to come into compliance with the City Ordinances. May 22, 2001 Mailed notice of denial of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5b. • May 31, 2001 Received written appeal from Mr. Kramlinger requesting a public hearing before the City Council as allowed by City Ordinances Section 1- 105.5b. June 4, 2001 Mailed notice of public hearing to owner /applicant and owners of property within 150 feet of the applicant's property. June 13, 2001 Published public hearing notice in the Brooklyn Center Sun -Post setting date and time for public hearing as June 25, 2001, at 7 p.m. or as soon thereafter as the matter may be heard. Council Action It is requested that the Mayor open the public hearing, take public comments, close the public hearing, and then render a final decision to affirm, reverse, or amend the City Manager's decision to deny a private kennel license for David Kramlinger, 5415 Dupont Avenue North. Attachments City of Brooklyn Center 6301 Shingle Creek Pkwy. 55430 -2199 (763) 569 -3300 License Application Private Kennel Annual Fee: $30 Annual Expiration: September 30 Purpose: To provide the owner of more than two dogs or more than three cats exceeding six months of age residing in the family dwelling unit or on the family remises a period of time, not to exceed three years, in which to find a place where the animals cB CW and humanely harbored. APR 2 4 2001 Date: `�` 0 1 OWNER (APPLICANT) Name: re' ki i ICt Q'l l Liv� f G " Last First Middle Address: S P:/' PO A j A 1 v & - ook Iv, (e" k- Min �M 6' (Street Address, City, State, Zip) Telephone Number: '76 6 d 6 5 - Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this in the space provided. �r^r t,t., ° � r" e ! �' / ��r� � 11 Indicate the number of animals together with their name (if any), age, breed, and sex (use additional sheets if necessary). C` ^ k^ iC.. 3� w < t ' {^ cy .CVR n t «" 3. e. b5 '.' yr• la k. 'kS F e.. aj Page 1 of 2 (complete back side also) -The undersigned hereby applies for a private kennel license and acknowledges receipt of a copy of City Ordinance Sections 1 -101 through 1 -120 and attests the subject premises will be operated and maintained according to the requirements contained therein. Submitted with this application is proof of current rabies vaccination, City dog license for each, animal, and the license fee in the amount of $30.00. bein first st dul '.. sworn, upon his/her oath deposes .. ,•µ . and says that he /she is the person who has executed the'foregoimg application and that the statements made therein are true of his%her own knowledge and belief. Signature 'of Applicant • b - S , t . J. � -� t � j4 ' 4r • i+ } «i' y^..A M •,� �• �/ " t - Subscribed. and sworn to before me, this day of Notary Public . .e .. County My Commission expires SHARON L. KNU N NOTARYpW,C- ►NNESOTA M, c farm ,1M 3i. fts Page 2 of 2 BRIGHTON VET HOSPITAL F , 2615 MISSISSIPPI ST. NEW BRIGHTON, MN 55112 651 -636 -1063 ---------------------------------------------------------------- CERTIFICATE OF Rabies Vac 2 Yr 1 Pet VACCINATION This is to certify that the following animal received a rabies vac 2 yr 1 pet vaccination on 04/18/01 Vaccination expires: 04/18/03 Vaccine Manufacturer: FORT DODGE Serial Number: 1215158A Serum batch expires: 04/12/02 Tag Number: 5638 Animal SHEBA Born 1-1-14- 1 0 i . Species CANINE Breed GERMAN SHEPHERD Color BLACK /TAN Weight 95 Sex F Spayed Date 04/18/01 Owner : WELLS, STACIE / KRAMLINGER, DAVID Address : 5415 DUPONT AVE N BROOKLYN CENTER, MN 55430 Home : 763 - 55666 -6065 W COAJO k: 612- 789 -0002 by �� - CARLOS GANDARA, DVM • 08/28/QQ XON 18:12 FAN( ' 1 25598903 ROCKFORD ROAD A H FO'R 19001 ROCKFORD ROAD ANIN(N. HOSPITAL AH6 28 2000 MEDICAL HISTORY REPORT FROM: — l„i TO: 00 /28 /00 CLIENT ID: OBIT Ne Is 1 r Stacie and Dave 5415 Dupont Ave Korth Brooklyn Center, NON 55030 612- 566 -6065 PATIENT III: i UWz SPECIES: CANINE BREED: BEAT PYRENEES M.- HALE BIRT!(68TE: 11 /98 - --- - - - - -- BODY NEIN)HT SOtDNARY; 15.00 lbs.. - Neight Range: 0.00 - 0.00 lbs. JUL E.? 99 74.00 lbs. MY 20 99 68.90 lbs. FEB IB 99 39,00 lbs. JAN 07 94 2E.80 lbs. DATE DOCTOR TYPE !D DESCRIPTION !KNITS `EB OZ 2000 Ann Barlsdaie II.V.If. COMMENT Hxt rill be boarding this weekend. needs Bordetelia and update an other vaccines. owner wants to salt an RV test. PE: eyeloral ok. slid wax in right ear,na inflammation. pins vol. testes not descended. heart llungs /abdoe wal. thin dou needs about Sibs more. stiifes ok. parents had good hips. Rest of exam NSF. stubborn 4 V about examining eyeslearslaral. Owner needs to handle these parts tNf` more frequently. SERVICE 2360 OFFICE CALL 1090 91" BOOSTER / 1300 RABIES CAtItE. E_ YEAR BNETER" 1006 WDETELLA BOOSTER 1030 CORONA BOOSTER 1110 VAMINATION VERIFICATION AOS 03 1999 Judy Harty VT calm s/r - incision looks good JUL 26 1999 Karen Jensen CVi C(NIw Phone: LN laceration. Phone: Is healing but is scratching. still keep a physical barrier or JUL se E. collar. SIR this sat. JUL 23 1999 Ann Barksdale. D.V.R. COMIN:NT Hx; owner was clipping out matts and cut dog today behind left oar. PE: about 5 1nchy shaped laceration in skin behind left ear. needs suturing. Preued with 3.5cc Atrop /0.05 cc Ace U. 3.5cc KetNal IV. clipped area free of hair, flushed with saline. 4-0 ADS SG. 3-0 Nylon skin sutures. gave Pen and Oxymorpb. Routine Recovery. ABI for 7 days. SIR in 10 -14 days. DIANNIOSTIC 3770 LACERATION REPAIR (FINAL) N'LAN owners declined preanes bloadwork due to costs today. Recommend AL 11 1994 ,spit Barksdale D.V.M. ainicbeu at tine of neuter. s COMNENI 4f9335099 14.00 Cepbaiexin 500 ag Up. ,_l,_ 0 Ref. ..1) Directions: Hive one capsule twice daily Free Fora Label ..P) for 7 days. Bost when given mith food. SERVICE 2340 OFFICE CALL. LINITED/RECIECK MEDICINE 1450 t SERVICE 4010 ANESTHESIA INTRAVENIOUS OVER 50 INVENTORY 725A Nwarphan Inj si,pain relief 040 MEDICINE 6645 C"halexin 300 mg 14.00 SERVICE 3775 LACERATION REPAIR (NEDIUK) 8640 MIL TRIM 6000 MT TERM HOSPITALIZATION MEDICINE 2294 Ketasine Injectable 2.00 ISO Dia:epas Injectable JINN 16 1999 David B. Brewer, D.V.M. SERVICE 111E VACCINATION VERIFICATION • MAY 20 1999 Susan V. Brewer, D.V.M. COMMEKT 4N<9333805 6.00 Heartgard Chew. Plus E7Pdcq Esp. /,_ 0 fief. - Office of the City Clerk *Mir City of Brooklyn Center A Millennium Community Sharon Knutson City Clerk MEMORANDUM TO: Larry Martin, Building Official FROM: Sharon Knutson, City Clerk DATE: April 27, 2001 SUBJECT: Private Kennel License Application for 5415 Dupont Avenue North On April 24, 2001, I received an application for a private kennel license from David Kramlinger, telephone number is 763 -566 -6065, to keep three dogs. Attached is a copy of the application. City Manager Michael McCauley requests a sanitation inspection by the inspection department be completed. Please submit the report to me by May 9, 2001. Should you have any questions relevant to this inspection, please call me. Thank you for your cooperation. Attachment cc: Brad Hoffinan 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 MEMORANDUM TO: Larry Martin, Building Official FROM: Gary Gilpin, Building Inspector DATE: 5 -11 -01 RE: Private Kennel License Application for 5415 Dupont Avenue North On May 4, 2001, I conducted a health and comfort inspection at 5415 Dupont Avenue North, the residence of David Kramlinger, for a private kennel license. Upon questioning the homeowner, I was told the house has two people residing in the home and that two of the three dogs spend a majority of the time inside. The third dog is mostly outside in the kennel. Upon walking through the home (approximately 1000 sq. ft.), I found it to be adequately maintained. The overall condition of the yard will be fine. A four foot chain link fence encloses the back yard with a 10 x 20 dog kennel towards the back of the lot. I was unable to talk to any of the neighbors to find out if there were any complaints or issues with dogs. CC: Brad Hoffinan, Community Development Director Sharon Knutson, City Clerk - Office of the City Manager OX City o Brooklyn n Center y A Millennium Community Michael I McCauley City Manager MEMORANDUM TO: Joel Downer, Chief of Police FROM: Michael J. McCauley, City Manager DATE: April 27, 2001 SUBJECT: Private Kennel License Application for 5415 Dupont Avenue North On April 24, 2001, an application for a private kennel license was received from David Kramlinger, 5415 Dupont Avenue North, to keep three dogs. A copy of the application is attached. Please provide me with a memorandum regarding any dog complaints on record under the owner /address David Kramlinger, 5415 Dupont Avenue North. Thank you for your cooperation. 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 WON CENN BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: May 1, 2001 SUBJECT: Private Kennel License Application for 5415 Dupont Avenue North A search of police records indicates no calls for service to this address. JD /jm kenneWmem i City of Brooklyn Center A Millennium Community May 1 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: David Kramlinger 4 5 15 Dupont Avenue North Brooklyn Center, in p , Bro y ter, M nesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? (please circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Address Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 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 Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson City Clerk May 1, 2001 Mr. David Kramlinger 5415 Dupont Avenue North Brooklyn Center, MN 55430 RE: Private Kennel License Application Dear Mr. Kramlinger: Your application for a private kennel license, license fee, and proof of current rabies vaccination for each dog has been received by the City of Brooklyn Center. Within the next fourteen (14) days, the City inspector will visit your home to complete a health and sanitation inspection. Please be advised the enclosed notice /survey has been mailed to area property owners within 150 feet of your home. The City Manager will consider your application for a private kennel license and either approve or deny it based on the City inspector's report and any written comments from you or affected persons. You will be notified of the City Manager's decision. You should also be aware that the City Council is in the process of amending Brooklyn Center's code of ordinances regarding private kennel licenses. Enclosed is a copy of the materials that were reviewed and discussed at the April 23, 2001, City Council meeting. Should you have any questions relevant to your private kennel license application, please call me at 763- 569 -3306. Sincerely, Sharon Knutson City Clerk Enc. • cc: City Manager Michael J. McCauley 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Venter A Millennium Community May 1, 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: David Kramlinger 5415 Dupont Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and P P WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? (please circle) Yes No based orl llow circle): MAY o 7 �aQ� cessive dog feces in yar exc essive og barlcin dogs bite dogs running -at -large Other comments spec cally related to the ke ping of the dogs: J Name 4 k�41 Address '��- (' nl � a Signa 4,r�'L d Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 9 301 Shingle Creek Parkway Recreation and Community Center Phone &TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Halt & TDD Number (763) 569 -3300 'FAX (763) 569 -3434 FAX (763) 569 -3494 IO'd I91-0 296 X: >ua6V suI sLdW VVV dZ£ =I0 TO- LO -XeW City of Brooklyn Center OX A Millennium Community RECEIVED May 1, 2001 MAY 0 7 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: David Kramlinger 5415 Dupont Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? 7 e circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name � C _ ('� � ""U_�� Address Signature_C� Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk ShE.ron Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community May 1, 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: David Kramlinger 5415 Dupont Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location.. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? (please circle) RECEIVED '`Yes �� (� dot � ��� � 7 �`I� - �ffi�j �� � MAY 0 8 2001 No based on the following (please circle): excessive dog feces in yard 1 BY: excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name 4 ;1 a°q f 14'e 'fel.. 4� 7 Address W SignaturCX� r Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Shzron Knutson at 763 -569 -3306. 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 MRY -09 -2001 08:44 THE STROKE CENTER RT NMHC 763 520 4555 P.01 MT City of Brooklyn Center A Millennium - Community May 1, 2001 .�` ED NOTICE OF RECEIPT OF APPLICAUON MA 9 200, FOR PRIVA'T'E KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: David Kra mlinger 5415 Dupont Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to' the owners of property within 150 feet of the proposed kennel location. - Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the Police report and WRITTEN comments by the applicant or any affected person, All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? • (please circle) Yes No based on the following (please circle): excessive dog feces in yard f6x6essive dog barlang dogs bite cak, Q 4A dogs running - large -- yW (t"A V !J�`�14 uk b p3rcr ar'6 ,� � � co "tints specifically reI t edtdthe keeping oftbe dogs:. 1'"� �' �mQ GLOSS �bC:� ;;�3(,cv�ol �, �3D'► -t �'1 - Name Address 5q_0 Si guature Please 'ma"il this survey • to City , Clerk, City, of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questi6ns or concerns regarding the private kennel license application should be .directed to "City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone* TDD Number Brooklyn Center, MN 65430 =2199 (763) 569.3400 City Halt & TDD Number (763) 569 -3300 FAX 063) 569444 FAX (763) 56 $494 MAY -09 -2001 08:45 THE STROKE CENTER RT NMHC 763 520 4555 P.02 CkM S yam 4��- 9/15 bt Dom' � n. Cbn n '6 bv OW rhoc�C a � • au ouC5. o r) in �� - - �doPS 3 ocd- o � �� � CM he cd� TOTAL P.02 City of Brooklyn Center RE CFTvsn A Millennium Community MAY 1 0 2001 May 1, 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: David Kramlinger 5415 Dupont Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? (please circle) �; it e& d Yes �t�V� j Q s r .S' I��.v /►l��4 1 e .�V/ Uf �Z�f�iuc�,9 � _? p * Im 5 Q CL, OL01 No based on the following (please circle): �� ��'� Q, excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of `f1ie dogs: Name JP!'o* Z gvc pw o' Address Signature '?�zq.f 4 1 , Please mail this survey City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 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 MRY 1 Z> — ;dWU 1 02:43 PM IMAGINEERING 952 922 2157 P.01 City of Brooklyn Center A Millennium Community 5 . .. . Y ` May 1, 2001 MAY 1 5, 2001 NOTICE OF RECEIPT OF APPLICATION� FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep hree dogs. o P g APPLICANT: David Kramlinger 5415 Dupont Avenue North, Brooklyn Center, Minnesota City � y Ordinance Section 1- 105,5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information Provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? (please circle) c y e — s - - -, - ) No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large n v.rj, r Other comments specifically related to the keeping of the dogs:4 a" Name . �uo 1 Address Si gnature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, 2 Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6801 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55480.2199 (763) 569 -3400 City Hall & TDD Number (763) 569.3300 PAX (768) 569.3484 FAX (763) 569.3494 MOT City of Brooklyn Center A Millennium Community May 1, 2001 R EC EUVED MAY 17 2001 NOTICE OF RECEIPT OF APPLICATION .BY. FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: David Kramlinger 5415 Dupont Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for David Kramlinger to keep three dogs on his property at 5415 Dupont Avenue North? lease circle) Yes 1k�rt pRV V`C 15 G� r 6 0�-- o �(Z No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other continents specifically related to the keeping of the dogs: Name 5 vk c `Bp- 0 w cJ Address 5 g o o Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license • application should be directed to City Clerk Sh&ron Knutson at 763 -569 -3306. J . 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 Office of the City Manager lie X City of Brooklyn Center A Millennium Community Michael J McCauley City Manager May 22, 2001 Mr. David Kramlinger 5415 Dupont Avenue North Brooklyn Center, MN 55430 Dear Mr. Kramlinger: Your application for a private kennel license dated April 23, 2001, is denied based on the lack of any special circumstances that would justify a three -year keeping of a foster animal. It is my understanding that you are interested in potentially adopting an animal that is in your foster care. I have also reviewed the comments of neighbors and the concerns with respect to the total number of animals in your neighborhood and concerns about potential for animal feces and barking, especially with large dogs such as those owned by you and the one in your foster care. I will provide you with a six -month period until November 22, 2001, within which to complete your foster care responsibilities for the St. Bernard dog in your care. Sin , Michael J. McC ey City Manager 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community May 22, 2001 NOTICE OF DENIAL OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has denied an application for private kennel license to keep three dogs for David Kramlinger, 5415 Dupont Avenue North, and has allowed Mr. Kramlinger until November 22, 2001, to come into compliance with the City Ordinances which require no more than two dogs on the premises. The City Manager based his decision on the intent of the City Ordinances to limit the keeping of animals in residential areas and surveys received from neighbors. City rdinance Section 1- 105.5b requires the ' Y q City Clerk to mail notice of the City Manager's decision to approve or deny the applicant's private kennel license application to the owners of property within 150 feet of the proposed kennel location. The owner or any other affected person may request a hearing before the city council to show cause why the decision should be changed. A WRITTEN request for the hearing must be received by the City Manager within fourteen (14) days of the date of this notice. Direct written requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. If a written request for a public hearing before the city council is received, notice of the date and time of the public hearing will be mailed to owners of property within 150 feet of the proposed kennel location. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. Questions or concerns regarding the private kennel license application denial should be directed to City Clerk Sharon Knutson at 763 -569 -3306. "J" 44� Sharon Knutson 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 JUN 0 4 2001 BY: b t-ol1 "'Cl�1 i+ MCN CL)r)cr-ff) L'T C1 pf'Wc),fe CSC. nof� ic6n,5e. t oeudd c jz, Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson City Clerk June 4, 2001 Mr. David Kramlinger 5415 Dupont Avenue North Brooklyn Center, MN 55430 RE: Request for Public Hearing Dear Mr. Kramlinger: Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on Monday, June 25, 2001, at 7 p.m. or as soon thereafter as the matter may be heard. You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the City Council may have. Should you have any questions relevant to the public hearing, please call me at 763 -569 -3306. Sincerely, Sharon Knutson, CMC City Clerk Enclosure 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 OX City of Brooklyn Center A Millennium Community June 4, 2001 NOTICE OF PUBLIC HEARING Monday, June 25, 2001 Council Chambers City Hall 7 p.m. (or as soon thereafter as the matter may be heard) TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the City Manager's decision to deny the private kennel license submitted by David Kramlinger, 5415 Dupont Avenue North, to keep three dogs should be changed. The City Council will make its decision based on the City inspector's report, Police records, any written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express our concerns r q � y p y o comments directly to the City Council, you are encouraged to attend. If you are unable to attend the City Council meeting, written comments should be directed to the City Council, c/o City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you previously submitted written comments to the City Manager, they will be forwarded to the City Council. Following the public hearing, the City Council shall render a final decision affirming, amending, or reversing the City Manager's decision. Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson at 763 -569 -3306. J WX�Kft":tlt Sharon Knutson 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARIN TO WHOM IT MAY CONCERN: � �� ��• NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a public hearing on Mon- day, June 25, 2001, at 7 p.m. or as soon thereafter as the n�c: ;t papers matter may be heard in the City Hall Council Chambers, 6301 Shingle Creek Parkway, to consider an application for private kennel license submitted by David Kramlinger, AFFIDAVIT OF PUBLICATION 5415 Dupont Avenue North, Brooklyn Center, Minnesota, Hennepin County. STATE OF MINNESOTA) BRIEF STATEMENT OF CONTENTS OF APPLICA- TION: Application for a private kennel license to keep three dogs at the residence at 5415 Dupont Avenue North, ss. Brooklyn Center, Minnesota, Hennepin County. COUNTY OF HENNEPIN) Sharon Knutson City Clerk Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the (June 13, 2001)Pl/Kramlinger newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 13 day of June , 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghgklmnopgistuvwxyz / .0, Pubiisher, �. Subscribed and sworn t or affirmed b fore me 1 orb this Z3_ day c 001. Nota vv�vw�nA® MERIDEL M. HEDBLOM A•c y, NOTARY PU8ll0•MINNESOTA MY COMMISSION EXPIRES 1.31 -2005 12 ryn.� ^�y yyy�o RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 aer line for comparable space (2) Maximum rate allowed by law $ 6.20 oer line (3) Rate actually charged $ 1.40 per line City Council Agenda Item No. 8d L Office of the City Clerk Or City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk JWW w June 20, 2001 SUBJECT: Consideration of Private Kennel License Application Submitted by Peter Tallman, 6930 Newton Avenue North, to Keep Three Dogs Chapter 1 of the Brooklyn Center City Ordinances requires the licensing of all private kennels, defined as any premise zoned or used for RI and R2 purposes on which three or more dogs or four or more cats six months old or older are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the application based on the sanitation report and written comments by the applicant and any other affected persons and Section 1- 105.5c outlines the standards for approval. Section 1- 105.5b reads, "within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected persons then may request a hearing before the City Council to show cause why the City Manager's decision should be changed." The City Manager denied the application for a private kennel license for Mr. Peter Tallman, 6930 Newton Avenue North, allowing a, period of six months to come into compliance with the City Ordinance which allows two dogs to be kept on the premises. Mr. Tallman has requested a public hearing before the City Council to show cause why the decision should be changed. Following is a chronological list of events from receipt of Mr. Tallman's private kennel license application to request for public hearing. April 18, 2001 Received application for private kennel license from Peter Tallman, 6930 Newton Avenue North, to keep three dogs, along with $30 license fee. Included with license application were copies of certificates of rabies vaccination for all three dogs. April 27, 2001 Sent memorandum to the Building Official requesting a sanitation inspection be completed and a report submitted. Attached is a memorandum from Building Inspector Larry Martin reporting his findings. 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 Memo to Michael J. McCauley Page 2 June 20, 2001 April p it 27, 2001 Sent memorandum to Police Chief Joel Downer requesting a records check to verify any dog complaints. The attached memorandum from Chief Downer indicates continuing history of violations associated with this address. April 27, 2001 Mailed notice of receipt of application for private kennel license to owners of property within 150 feet of the applicant's property as required by City Ordinances Section 1- 105.5a. Mailed notice to the owner /applicant. May 2 through 11, 2001 Received four written responses; 2 affirming approval; 2 denying approval. May 17, 2001 City Manager sent letter to owner /applicant denying application for a private kennel license and allowing until November 17, 2001, to come into compliance with the City Ordinances. May 17, 2001 Mailed notice of denial of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5b. May 29, 2001 Received written appeal from Mr. Tallman requesting a public hearing before the City Council as allowed by City Ordinances Section 1- 105.5b. May 30, 2001 Mailed notice of public hearing to owner /applicant and owners of property within 150 feet of the applicant's property. June 6, 2001 Published public hearing notice in the Brooklyn Center Sun -Post setting date and time for public hearing as June 25, 2001, at 7 p.m. or as soon thereafter as the matter may be heard. Council Action It is requested that the Mayor open the public hearing, take public comments, close the public hearing, and then render a final decision to affirm, reverse, or amend the City Manager's decision to deny a private kennel license for Peter Tallman, 6930 Newton Avenue North. Attachments City of Brooklyn Center 6301 Shingle Creek Pkwy. 55430 -2199 (� j - :? 3 Q C _4f ,,j� ^����.; (763) 569 -3300 RECEIVED License Application AER 18 U1 Private Kennel Annual Fee: $30 Annual Expiration: September 30 Purpose: To provide the owner of more than two dogs or more than three cats exceeding six months of age residing in the family dwelling unit or on the family premises a period of time, not to exceed three years, in which to find a place where the animals can be legally, safely, and humanely harbored. Date: /to 1 r OWNER (APPLICANT) Name: t4 Y\j I 5P l 1 Last First Middle Address: 1A N ") N)o V A r, five" 2 (�P✓r, ��� i /'/, 5S� 3 0 (Street Address, City, State, Zip) Telephone Number: - 7u 3 - 5 {t 1 - S - / 3 o Attach a sketch or drawing with this application describing the construction and operation of the proposed kennel, or, if the animals are to be confined within the family dwelling unit, indicate this in the space provided. �r'; (�'�'•n r r:� i a7r . f��,: , �� �� <'0 J14 Indicate the number of animals together with their name (if any), age, breed, and sex (use additional sheets if necessary). — �:hF i r. >. „ x „ a. a W z '&t Page 1 of 2 (complete back side also) The undersigned hereby applies for a private kennel license and acknowledges receipt of a copy of City Ordinance Sections 1 -101 through 1 -120 and attests the subject premises will be operated and maintained . according to the requirements contained therein. Submitted with this application is proof of current rabies vaccination, City dog license for each animal, and the license fee in the amount of $30.00. r ( being first duly sworn, upon his/her oath deposes and says that he /she is the person who has executed the foregoing application and that the statements made therein are true of his/her own knowledge and belief. Signature of Applicant— tit _ Subsc bed anc: sworn: to be ore me this _ ((,0 ^ day of 6�0 €14 ,,� y Notary Public i County • Z�G�-O My Commission expires s DEBORAH J. JURISCH z NOTARY Rime MINNESOTA { WASHINGTON COUNTY f " My eamm E7q�ins8 Jan. 31, 2005 ; ■ vo Page 2 of 2 RABIES VACCINATION CERTIFICATE ---------------------- - Rabies Vaccination - - I Tag Number DATE VACCINATED VACCINATION EXPIRES 00- 000322 ------- - - - - -- ----------- - - - - -- ---------------------- Jun 21 2000 Jun 21 2003 ------- - - - - -- --------------- -- NAME: Naja Kalal PET: Deli 6930 Newton Ave Brooklyn Center, MN 55430 561 -8430 ( ) SPECIES SEX AGE WEIGHT - - - - - -- -- - - - - -- ------- - - - - -- ---- - - - - -- Canine FEMALE 2 yrs 4 mos 44.0 lbs. BREED COLOR ------------------------ - - - - -- ------------------------------ Lab /Springer X Black PRODUCER: Pfizer MODIFIED: KILLED: Killed I hereby certify that I have vaccinated this animal in accordance with t ompany's rec endation the vaccine used on the above date. Brooklyn Park Pet Hospital. 5815 80th Avenue North Brooklyn Park, MN 55443 Signature of licensed veterinarian Thomas G. Diffell D.V.M. 10688 administering vaccine. ! RABIES VACCINATION CERTIFICATE ---------------------- -- Rabies - Vaccination - -I Tag Number .DATE VACCINATED VACCINATION EXPIRES 00- 000571 ------- - - - - -- ----------- - - - - -- ---------------------- Nov 29 2000 I Nov 29 2001 ------- - - - - -- ----------------- NAME: Naja.Kalal PET: Suzi 6930 Newton Ave Brooklyn Center, MN 55430 561 -8430 ( ) SPECIES SEX AGE WEIGHT - - - - - -- -- - - - - -- ----- -- - - - - -- ---- - - - - -- Canine FEMALE 0 yrs 7 mos 45.0 lbs. BREED COLOR -- ---------------------- - - - - -- ------------------------------ LabX PRODUCER: Pfizer MODIFIED: KILLED: Killed I hereby certify that I have vaccinated this animal in accordance with the company's recommendation for the vaccine used on the above date. R Brooklyn Park Pet Hospital 5815 80th Avenue North @@ 4 Brooklyn Park, MN 55443 Signature of licAy,'Ised veterinarian Thomas G. Diffell D.V.M. 10688 administering vaccine. s RABIES VACCINATION CERTIFICATE ---------------------- -- Rabies - Vaccination Tag Number DATE - VACCINATED VACCINATION EXPIRES 01- 000152 ------ - - - - -- ---------------------- � Mar - 12 - 2001 1 1 Mar 12 2002 --------------- -- NAME: Naja Kalal PET: Poco 6930 Newton Ave Brooklyn Center, MN 55430 561 -8430 ( ) SPECIES SEX AGE WEIGHT -- -- - - - - -- --- --- - - - - -- ---- - - - - -- Canine MALE 0 y rs 11 mos 54.0 lbs. BREED COLOR ---------------------- - - - - -- ------------------------------ LabX PRODUCER: Pfizer MODIFIED: KILLED: Killed I hereby certify that I have vaccinated this animal in accordance with the company's recommendation for the vaccine used on the above date. IN Brooklyn Park Pet Hospital „k 5815 80th Avenue North �? Brooklyn Park, MN 55443 Signature of licenll ed veterinarian Thomas G. Diffell D.V.M. 10688 administering vaccine. Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson City Clerk MEMORANDUM TO: Larry Martin, Building Official FROM: Sharon Knutson, City Clerk bwm I - 1mAZ-r� DATE: April 27, 2001 SUBJECT: Private Kennel License Application for 6930 Newton Avenue North On April 18, 2001, I received an application for a private kennel license from Peter Tallman, telephone number is 763 -561 -8430, to keep three dogs. Attached is a copy of the application. City Manager Michael McCauley requests a sanitation inspection by the inspection department be completed. Please submit the report to me by May 9, 2001. Should you have any questions relevant to this inspection, please call me. Thank you for your cooperation. Attachment cc: Brad Hoffman 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 MEMORANDUM TO: Larry Martin, Building Official FROM: Gary Gilpin, Building Inspector DATE: 5 -11 -01 RE: Private Kennel License Application for 6930 Newton Avenue North On May 10, 2001, I conducted a health and comfort inspection at 6930 Newton Avenue North, the residence of Peter Tallman, for a private kennel license. Upon questioning the homeowner, I was told the house has two people residing in the home and that the three dogs spend a majority of the time inside. Upon walking through the home (approximately 1200 sq. ft.), I found it to be maintained very nicely. The overall condition of the yard is fine. A four foot chain link fence encloses the back yard. I was able to talk to one of the neighbors to find out if there were any complaints or issues with dogs. I was told that when the dogs are outside they tend to bark a lot. CC: Brad Hoffinan, Community Development Director Sharon Knutson, City Clerk • " Office of the City Manager City of Brooklyn Center A Millennium Community Michael I McCauley City Manager MEMORANDUM TO: Joel Downer, Chief of Police FROM: Michael J. McCauley, City Manager DATE: April 27, 2001 SUBJECT: Private Kennel License Application for 6930 Newton Avenue North On April 18, 2001, an application for a private kennel license was received from Peter Tallman, 6930 Newton Avenue North, to keep three dogs. A copy of the application is attached.' Please provide me with a memorandum regarding any dog complaints on record under the owner /address Peter Tallman, 6930 Newton Avenue North. Thank you for your cooperation. 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 i ��QQKLYH CE'Ni BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Polio DATE: May 1, 2001 ' l SUBJECT: Private Kennel License Application for 6930 Newton Avenue North The Brooklyn Center Police Department has received several complaints regarding dogs being kept at 6930 Newton Avenue North. • Case #99 -9120 The dog reportedly constantly runs at large, jumps the fence, and nips at pedestrians in the area. The dog is described as a black lab. Officers were unable to locate a resident and left a note advising of the dog's conduct. • Case #98 -17436 A black dog running at large reportedly jumps the fence and goes into other yards or kennels. • Case #97 -5346 Complaint of a barking dog. Telephone contact was made with the resident advising. It appears there is a continuing history of violations associated with this address. JD /jm kenneMmem - Office of the City Clerk X City of Brooklyn Center Knutson A Millennium Community City Clerk April 27, 2001 Mr. Peter Tallman 6930 Newton Avenue North Brooklyn Center, MN 55430 RE: Private Kennel License Application Dear Mr. Tallman: Your application for a private kennel license, license fee, and proof of current rabies vaccination for each dog has been received by the City of Brooklyn Center. Within the next fourteen (14) days, the City inspector will visit your home to complete a health and sanitation inspection. Please be advised the enclosed notice /survey has been mailed to area property owners within 150 feet of ® your home. The City Manager will consider your application for a private kennel license and either approve or deny it based on the City inspector's report and any written comments from you or affected persons. You will be notified of the City Manager's decision. You should also be aware that the City Council is in the process of amending Brooklyn Center's code of ordinances regarding private kennel licenses. Enclosed is a copy of the materials which were reviewed and discussed at the April 23, 2001, City Council meeting. Should you have any questions relevant to your private kennel license application, please call me at 763- 569 -3306. Sincerely, Sharon Knutson City Clerk Enc. cc: City Manager Michael I McCauley 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 *:T City of Brooklyn Center A Millennium Community April 27 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Peter Tallman 6930 Newton Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Peter Tallman to keep three dogs on his property at 6930 Newton Avenue North? (please circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Address Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 - FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A. Millennium Community April 27, 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Peter Tallman 6930 Newton Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Peter Tallman to keep three dogs on his property at 6930 Newton Avenue North? (please circle) Yes R P E EIVED No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite . dogs running -at -large Other comments specifically related to the keeping of the dogs: Name TD Address mo, /m l"tte /v- Signature- - Please mail this survey "Clerk, y of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota,, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 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 ex City of Brooklyn Center A Millennium Community RECEIVED April 27, 2001 � NOTICE OF RECEIPT OF APPLICATION M o 3 FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Peter Tallman 6930 Newton Avenue_ North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Peter Tallman to • keep three dogs on his property at 6930 Newton Avenue North? (please circle) Yes N�Jbased on the following (please circle): excessive dog feces in yard r excessive dog barkinE dogs bite dogs running -at- large Other cou.:nents specifically related to the kecpi=offthedogs: :52 Name Address�� Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community April 27, 2001 Y a 7 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Peter Tallman 6930 Newton Avenue North, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Peter Tallman to keep three dogs on his property at 6930 Newton Avenue North? (please circle) Yes No based on the f o ll owing (please circle): !excessive dog feces in yard excessive dog bark.ng' —� dogs bite .............._ . dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Address Signature' Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 = FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center" A Millennium Community M AY 1 0 2091 April 27, 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Peter Tallman 6930 Newton Avenue North, Brooklyn Center, Minnesota Ci Ordinance Section 1 -1 OS.Sa requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Peter Tallman to keeg�hree dogs on his property at 6930 Newton Avenue North? (please circle) No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Address /5 S 3 - 7 It4`cm Signature,' Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 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 I June 13, 2001 Council �� ]REC EIVED City of Brooklyn Center 6301 Shingle Creek Parkway , JUN 2 0 goal Brooklyn Center, MN 55430 Dear Cit y Council: I We would again like to express our opposition to a private kennel license at 6930 Newton. With three large dogs at 6930 Newton, two large dogs at 6930 Morgan and two large dogs at 6937 Morgan you can imagine how much barking is going on. These dogs spend much of their time running back and forth on the fence lines barking at each other. As far as we are concerned on these small city lots one dog is OK, -two is too many and three is unthinkable! Please abide by the City Manager's decision and deny the private kennel license. Gordon and Gladys Kuehl 6925 Morgan Ave N Brooklyn Center, MN 55430 Office of the City Manager City of Brooklyn Center A Millennium Community Michael J. McCauley City Manager May 17, 2001 Mr. Peter Tallman 6930 Newton Avenue North Brooklyn Center, MN 55430 Dear Mr. Tallman: Your application for a private kennel license dated April 10, 2001, is denied based upon a review of your application, the responses received from neighbors, and a review of the police records. The responses received from neighbors indicate problems with dogs not being keep on the premises and barking. In order to transition into compliance with the denial of your license, you will have a period of six months until November 17, 2001, within which to bring the number to conformance with the City ordinance limiting the number of dogs to two. You should also be aware there are other City Ordinances that require Brooklyn Center residents to control barking and other nuisances generated by the keeping of pets, such as dogs, on their property. We expect all citizens will be in compliance with these requirements. Dog owners are particularly responsible for barking of their dogs and causing a nuisance to their neighbors. Under Brooklyn Center City Ordinances, the City Manager's decision in these matters is appealable to the City Council. To institute the appeal process, you must submit to my office, within 14 days of receipt of this notice, a written request for a hearing before the City Council. Should you choose the appeal option, the City Council will hold a public hearing on your appeal after mailed notice to adjoining property owners. Should you have any questions with regard to this matter, please call City Clerk Sharon Knutson at 763 -569 -3306. Since Michael J. M ul City Manage MJM:sk 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 O:r City of Brooklyn Center A Millennium Community May 17, 2001 NOTICE OF DENIAL OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has denied an application for private kennel license to keep three dogs for Peter Tallman, 6930 Newton Avenue North, and has allowed Mr. Tallman until November 17, 2001, to come into compliance with the City Ordinances which require no more than two dogs on the premises. The City Manager based his decision on the intent of the City Ordinances to limit the keeping of animals in residential areas and surveys received from neighbors. City Ordina ty e 1- 105.5b requires the City Clerk to mail notice of the City Manager's decision to approve or deny the applicant's private kennel license application to the owners of property within 150 feet of the proposed kennel location. The owner or any other affected person may request a hearing before the city council to show cause why the decision should be changed. A WRITTEN request for the hearing must be received by the City Manager within fourteen (14) days of the date of this notice. Direct written requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. If a written request for a public hearing before the city council is received, notice of the date and time of the public hearing will be mailed to owners of property within 150 feet of the proposed kennel location. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. Questions or concerns regarding the private kennel license application denial should be directed to City Clerk Sharon Knutson at 763 -569 -3306. ,�-" - k� Sharon Knutson 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 RECEWED MAY 2 9 2001 C Ile -- - - - - -- - -- - - -- - �/ -= _ � - - -- - - -- - - - - -- � i' IDe 4-1 47-1Z-- Office of the City Clerk City of Brooklyn Center A Millennium Community Sharon Knutson City Clerk May 30, 2001 Mr. Peter Tallman 6930 Newton Avenue North Brooklyn Center, MN 55430 RE: Request for Public Hearing Dear Mr. Tallman: Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on Monday, June 25, 2001, at 7 p.m. or as soon thereafter as the matter may be heard. . You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the City Council may have. Should you have any questions relevant to the public hearing, please call me at 763 -569 -3306. Sincerely, Of it Sharon Knutson, CMC City Clerk Enclosure 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 OX City of Brooklyn Center A Millennium Community May 30, 2001 NOTICE OF PUBLIC HEARING Monday, June 25, 2001 Council Chambers City Hall 7 p.m. (or as soon thereafter as the matter may be heard) TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the City Manager's decision to deny the private kennel license submitted by Peter Tallman, 6930 Newton Avenue North, to keep three dogs should be changed. The City Council will make its decision based on the City inspector's report, Police records, any written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. If you are unable to attend the City Council meeting, written comments should be directed to the City Council, c/o City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you previously submitted written comments to the City Manager, they will be forwarded to the City Council. Following the public hearing, the City Council shall render a final decision affirming, amending, or reversing the City Manager's decision. Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 4"Xlu�� Sharon Knutson 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 = (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 = FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brookip Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN. = NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a public hearing on Mon- nic: *oL ►opapers ma b heard June at 7 pm. or as soon thereafter as the matter may be heard in the City Hall Council Chambers, AFFIDAVIT OF PUBLICATION private kennel leekPersubm submitted by de Peter Tallman, private ennel license submted by ter Tallman, 6930 Newton Avenue North, Brooklyn Center, Minnesota, Hen- nepin County. STATE OF MINNESOTA) BRIEF STATEMENT OF CONTENTS OF APPLICATION: Application for a private kennel license to keep three dogs at the residence at 6930 Newton Avenue North, Brooklyn ss. Center, Minnesota, Hennepin County. COUNTY OF HENNEPIN) Sharon Knutson City Clerk Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the (June 6, 200uPlffaliman newspaper known as Sun -Post , or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 6 day of June , 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghVklmnopgrstuvwsyz Y. r' Publisher Subscribed and swo or affirme before me on this 6 day of , 2001. �n LP I I- A I- i � NOta� 4%b4iCV r�,. n MERIDEL nr. HEDBLOM (vOTARYPU:sLIGIvfINNE307k a;.` 'a J M. f CU14t11SS10N EnPIR'cS 1.31.2005 c: b" m99�^ JV°d�MeM/vvvav�.v.�nl+�s`NdWbV RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 Der tine for comparable space (2) Maximum rate allowed by law $ 6.20 Der line (3) Rate actually charged $ 1.40 Der line City Council Agenda Item No. 9a s MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speci list e � + Subject: City Council Consideration Item - Planning Commission Application No. 2001- 014 Date: June 20, 2001 On the June 25, 2001 City Council Agenda is Planning Commission Application No. 2001 -014 submitted by Architectural Alliance requesting Site and Building Plan approval to construct a 2,505 square foot covered walkway for Medtronic at their Shingle Creek Parkway complex. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -014 and also an area map showing the location of the property under consideration, various site and building plans, 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 June 14, 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. i Application Filed on 5 -31 -01 City Council Action Should Be Taken B 7 -30 -01 60 Days) s ( Y) Planning Commission Information Sheet Application No. 2001 -014 Applicant: Architectural Alliance (for Medtronic, Inc.) Location: 6700 - 6800 Shingle Creek Pkwy Request: Site and Building Plan Approval The applicant, Architectural Alliance on behalf of Medtronic, Inc., is seeking site and building plan approval for a 2,505 sq. ft. covered walkway structure to be built in the parking lot between 6700 Shingle Creek Parkway and 6800 Shingle Creek Parkway, two buildings owned by Medtronic. The property in question is zoned I -1 (General Industry) and is bounded on the north by 69 Avenue; on the east by the Earle Brown Farm Apartments and the Hiawatha Rubber site; on the south by 67 Avenue; and on the east by Shingle Creek Parkway. The Medtronic facilities are considered a permitted use in this zoning district. The parcels under consideration were the subject of two Planning Commission Applications which were approved by the City Council earlier this year. One application was No. 2001 -002, which was a preliminary plat proposing to combine three parcels of land, 6800 Shingle Creek Parkway, 6700 Shingle Creek Parkway and a parking lot parcel located between these two sites, into a single lot for Medtronic. The City Council has approved the final plat for Medtronic but the plat has yet to be filed with Hennepin County. The other application was No. 2001 -003 for site and building plan approval for a 9,974 sq. ft. addition to 6800 Shingle Creek Parkway. At the time of the processing of these applications, the site was reviewed for compliance with current ordinance requirements such as landscaping, drainage, etc. Therefore, no further review of these matters is being undertaken at this time other than as these matters would relate to this particular proposal. The plan is to construct an approximate 13 ft. wide by 193 ft. long enclosed walkway running in a north/south direction in the approximate center of the parking lot between the two buildings. The facility would be a metal and glass structure, approximately 9 ft. in height along the sides and about 13 ft. high at the peak of the gable roof. It is in the same location as an at -grade walkway running through the parking lot, which is separated from a drive lane by various concrete planters. The structure has four doors evenly spaced on each side of the structure and double doors on each end. An open elevated walkway is located on the south end of the structure connecting to the curb line on the north side of the 6700 building. It will be like a speed bump requiring automobile traffic to slow when crossing this area. It would be appropriate to sign this area as a pedestrian walkway and possibly have a stop sign on either side. A walkway through the berm on the north side of the parking lot is also planned. 6 -14 -01 Page 1 The structure is not going to be heated and is ramped to accommodate the descending elevation from north to south. Doors will swing out. It is recommended that some type of physical protection be provided by doorways, particularly on the east side of the facility where curb cuts are shown. The site plan shows a 27 ft. wide drive lane. The door will swing approximately 3 ft. into this area. Planters, flowers or some other device would be appropriate in this area. The structure exceeds 2,000 sq. ft. in area. Buildings in excess of 2,000 sq. ft. in commercial and industrial zones are required to be equipped with automatic fire sprinklers. The Building Official and Fire Chief have reviewed this proposal and will not require a fire sprinkler system. The structure is made of non - combustible materials and is not considered a high fire risk. Fire extinguishers will be required and the number and location shall be as approved by the Fire Chief. It should be noted that if this walkway were connected to a building, a fire sprinkler system would have been required. If the structure is connected to either of the two buildings, such a system will have to be installed to meet NFPA standards. As mentioned previously, the structure is to be metal and glass. No color for the metal finish has been indicated on the plans. A copy of the plans have been submitted to the City Engineer for his review. He has indicated that there is very little affecting grading, drainage, utilities or other matters which he reviews. No formal report will be submitted with respect to this application. RRC OMMF.ND ATTON The plans appear to be 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 prior to the issuance of permits. 2. Grading and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The structure is not required to have a fire sprinkler system at this time. Fire extinguishers shall be provided in a number and location approved by the Fire Chief. 4. The applicant shall provide appropriate protection for doorway openings adjacent to drive lanes as well as appropriate cautionary signs. 5. The building permit for this structure shall not be issued until the final plat comprehended under Planning Commission Application No. 2001 -002 has been . filed with Hennepin County. 6 -14 -01 Page 2 S �. � £. h fb aC .yp. • � �- j J�''�' y "��z�t ,Y�, �,' ,� �,'„' • � � JAI t ?�y��icS� yx"�� ,�+.i's y . c�z 5 � 'F K2 ✓`y Sr �TS�� s � fi1� �; v..i. E)'t1�:' t mm MEM IN mm wit on fill •� _ -�� in Air via li f e was t /t/ ���� �♦ t RIND► In y. oil low, IS ■ �.♦ F i ARCH ITECTUHAL ALLIANCE May 31, 2001 400 CLIFTON AVENUE SOUTH Mr. Ron Warren, Planning and Zoning Specialist MINNEAPOLIS, MINNESOTA 55403 -3299 City of Brooklyn Center TELEPHONE ( 612) 871-5703 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FAX ( 612) 811.1212 Re: Medtronic ECC Facility Site and Building Plan Approval for Proposed Covered Walkway Structure Dear Mr. Warren: Please find enclosed the Site and Building Plan Application for the proposed 2,505 square foot covered walkway structure to be built at Medtronic's Energy and Components Center (MECC) facility at 6700/6800 Shingle Creek Parkway in Brooklyn Center. Please note that Medtronic has submitted the $500 filing fee under separate cover. Background Medtronic wishes to provide an enclosure between (but independent of) its two buildings at the MECC facility at Shingle Creek Parkway. The enclosure will provide shelter for individuals walking between the two buildings. In January of 2001 Medtronic applied for a subdivision approval (Planning Commission Application No.2001- 002) of the contiguous 6700 and 6800 Shingle Creek Parkway sites. (This subdivision /replatting project was reviewed by the Planning Commission on 02/15/01 and approved by City Council on 05/29/01). Also in January of 2001, Medtronic applied for Site and Building plan approval (Planning Commission Application No. 2001 -003) for a 9,974 square foot addition to its 6800 Shingle Creek facility. (This project was reviewed by the Planning Commission on 02/15/01 and approved by City Council on 02126/01). Project Purpose/ Building System The purpose of the proposed covered walkway structure is to shelter pedestrians from the weather when they walk between the two buildings on site. The walkway structure will be designed and constructed by C.S.P., the Commercial Division of Patio Enclosures. Mr. Ron Warren May 31, 2001 Page 2 obe Z. Water Management Considerations The proposed structure will not change the hydrology of the site. Landscape Considerations As noted in the attached February 6, 2001 letter to you in reference to Planning Commission File No. 2001 -003, the existing landscape inventory yields 1088 landscape points versus a requirement of 995.2 points. Enclosed Plans We are submitting (4) full size, (1) 8-1/2 x 11 reduced copy and (1) 8-1/2 x 11 transparency of each of the following drawings: Site Survey (from Preliminary Plat Application. Howard S. Johnson (HSJ) Drawing No. 1- 3- 5826A) A 0.02 Site Plan A 0.03 Partial Site Plan Drawings 1 through 8 from C.S.P. (Cover sheet, specifications, plans, elevations, sections and details) Please contact me at (612) 874 -4110 if you have any questions or desire additional information. Sincerely, PETER VESTERHOLT, AIA Principal Encl.: 02/06/01 Letter to Mr. Ron Warren Drawings Cc: Wolfe Scherling Halligan File H:\HQ PROJECTS\2001 \2001132\Correspondence\053 101 BrooklynCenterApplication.doc TA i n �.vuiTI ? i :. 1 3 • f .... .r. •yi ., F f i y 53 .� -: 4'54'43` E 1218. !: —L -�. �1 - _ - \ j n , 3 rr I Eli i rp ♦ +� �} j��' "rt „r” .� ,\ i � ,^'"• � $ SCALE: 7 INCH 60 FEET OMM W N y Q � i I X A u::wya u. W i K ✓" e ' I Y.'..,:: .. fJ _ �, .,• e��l U � i %/ .0 .. � /�. � i :EE �� pVt'.vi.rfr Rlrvrrrwcq " p � 1•�,' � i. ;., ,rte - /�' �•�-�/ ! m .+ LEGAL OE=RIP'"ON si h I � : 'v y¢ , E •.,r E , i r / / - G Pµb.w :..r SwY xe t]W xans» I ECi ND rw roe. aruo RAL ., iot ]. upa t. Yepmawe zmar au« emnpx 7 ('' �+' ` fit-- ' L�\ 2 i ✓' - -f' y+. -.-lh GENE NOT93 2 �3 ` V. J It' y . • .a rEi ._.._ �`�t. �F',-;:'. :.,' _ I "~ `+`' -- -- *'•.`~\ — __ _ o'.rn «e s�..:vk n. e..» - '0 - _.__._a__ �% N 07 '30" W 646.06 n co.�vww .s I i ,x� I O a. YS a' sar -rp I , I „ „ fin! Emwtwn a u«n.. a uu w — Ya °�7] _ _ _ _ E.nLLp Contour ! a ruin b ea »s m red,b• CMa Mm us Sx�«^ , i i � _ _ _ is wl�nManl a emna el npp uY Sr wnY - EIw14. 9fpp, , Pn4)EC7 LOC•liGl Baas t PAGE NO. M' _ 1 SURVEY PREPARED BY. cu[N: Pao.tcr '.WE 55x/34 M1e b — Lmp' thl p ' a.P by °" " b °"" PRELIMINARY M I NARY PLAT OF 6700 -SSW SHINGLE CREEK PKWY �� 2001112 my HARRY S. JOHNSON CO., INC. — 11" P, 'avpct wxd,im o mot t o»r o pwy rpvn]•ue ]ppa ,o.wypY ARCHITECTURAL ALLIANCE . apes Lhp m », o] Enp styes of u�ppp oLp. BROOKLYN CENTER, MN. use orr: No. _ LAND SURVEYORS rn ,,,,,, er 770 'N. 797H ST. NO. �'3 1 !'•;I; %'i�1S�OiLtill:� ,�. �la(:�ii3 lCi�� lilri HENNEPIN COUNTY Lcr. - oalk_LL^ - '� risq!.vatwn .23x77 BLOOMINGTON, MN. 55420 syEar _ ..toy oea taxvoNS '(952) B84 -5341 n a !7 (L l I(�. _ t of ! i r i AICIITICTIEAIALLIANCE cr— W CU /IIY iYnNi IOYIi ' YWYUr1u4 W +NIIIiI iYN111/ I � ( Nu YIY I>1Yll . 1. 1 I� i IF w1IIIIIII IMP II[IIjU II I p, _ � _ ,� .,. _ L �. •, hew rlt.� A I ( t C71 �I i - L P L / Y.. .+w p lh� � ►^ II t ( �� f ;♦ -\ ' ! d"k % Medtronic ECC Covered Walkway j &OCOP CUW. WN g wRT ( H) 00.02 �,,L do.en..^r.v+e.uw ARCRITUTRRAIALLIANCE / n.osuis WCLriH.vm.tr.,. • uwrunua ri. +Hrt..HrvnH sralu�rpr w! CAM•V .NM TItOHY! AHIt. -HH 6A �TMGH SECTION j \\ I F I f 1 / I \ —.] it 4 \ I \ — I j� I •••• +\ \\ —� / / // ��' Medtronic ECC Covered Walkway BrooAin Cantu, W _ i I I PAKIAL SrTE PLAN g ol o ji i WnAL SITE PLAN NORTH 0. 0 3 R � 10 0.03 MANUFACTURERS AND P INSTALLERS OF C t • 1 • SUNROQMS The CompzercialDivision SOLARIUMS S K YL I G H `TS Of Patio enclosures, Inc. * STOREFRONTS „�EmPloyee Ow compmy � BLI SHADES 7 ROAD. MACEDONIA,:, 10 4405 (8q0) 468 -0720 /FAX (330) 47 -4297 T I ' JOB ;M EDTR ON ICS ALL WALKWA LOCATION: BROO CEN TRE, MIN OWNER: ME DTRON IC S, IN C. ARCHITE CUSTOME M IN C. S SWCONS SSAWNi PART GFNERALPEODUCTSPECIFICATIONS- WALWWAY 5.1. PEI will furnish sealant. for the installation d the walkway. All sealants furnished bell meet or exceed LT federal specifications TTS- 001543A. PEI walkway I.I. T he . PLT walkway T depleted oa these drawings la s structure comyoaed d p »- IeD*Snatad, pre- 5.2. The oalor of the sealants will be dmtler to 'he sdhring eortscas. Imtesa aP^ -coned Otherwise by the Archit . engineered dummum frames with glazing. Owner and /- Manufacturer. 1.1.1. The aluminum frames may include steel reinforcing for specific loading can dlUOns. 1.12. ALL walkway supports include welded steel tube inserts at the mitered joint LGLA2I4(: e.1. All glazing shall be tempered safety glass (ANSI 287.1 -1864 and CPSC 18 CFR 1203) 2 PERFORMANCE 8.2. insulated glass umt. shell be I overall thickness. 2.1. PEI walkways have been designed, and tested where Indicated, to meet or exceed the following cified by the Architect /General Contractor /Owner. are nat iadl -tad requirements: B.S. Optional glaring con as eye 2.11. Deflection - load- bearing members, under any design load combination (including deadload), on these drawings. MU deflect no more than 1/180 of their respective clear epm. 2.1.2 loading - . Rind lding land ons loading calculati based on ANSf- A58.1 /ASCF - guldellnes. 2.1.2.1. 50 year mean recurrence interval .--ad far beat. wind speed PART4 FA8RIGTION 21.3. live /auow loading - Vertical roof load calculations utilize 40 pa l roof anow load based LFARRICATION n Minnesota State Building Code guidelines. Chapter 1305. 1.1. PEI +ill drill and /or Punch all molar awembly holes. waepaae holes at the feetory. 2.1.3.150 year m roc c Int.rval ...—ad for ground en w load 22. No allowance has base made for lead. resulting from the attachment of malllary equipment LFINISH to the walkway unless indicated otherwise. 2.1. PEI will furnish U visible du minare with an a tarn- grade of PPG ad lua on/Polycron Pdat fideh. 2.9. 1mdsH.tiav of ancillary equipment onto the walkway - drilling holes in the walkway structure 2.E. Palnl IInIW on extruded aecU— shall be eleclroetaticailp spelled, and Baked. 1s prohibited without the written consent from PEI. Such dterationa. without written consort, will vo{d the warmly. 2.2. 3.SURNMAIA PARTS DUIYRRY, WE 1Ng1KC ION ANDMTAUAT10N 3.1. PEI will hereby submit drawings (Shop Drestnga) to the Mchit-t /Gen-al Contractor /Owner for review. .• These drawings will include pertinent details for Indaltation. anchorage of framing members, glazing, sealing and Dashing. LDgLWERY 3.1.1. All submittal drawings will be clearly marked Indicating their intended purpose. I.I. The Canard Contractor /Owner ahaU provide a secure above grade staging end storage location for F 3.1.2. Fabrication shall act begin un1R m approved set of shop drawings 1a returned to PEI with the required signature. PEI material at the job site- O The e ec. gnat box In located above the UUe box. 1.2. PEI famished material will be deUvered to the jobsite in msnufnefurer's packaging. Z S.R. PEI Engineering Calculations will be submitted to the Architect/General Contractor /Owner, H requested. .4.q._7 1.3- PEI will supply the necessary labor to unload all PEI furnished materiel. . 3.2.1. Engineering Calculations shall be stamped and certified by a R Pd -1 Engine- site sting d 1 the PEI walkway to meet required loads. t 3.3. A eampla corn- sill be supplied to th Architeat /Ge erd Contractor /Owner for review. U requested, to represent Z � m �� n 2.1. PEI i nsta ll a ti on crew shell examine surrounding a Couctre an d the co nd iti o ns under which the work n 14 minimum quality of work. to be performed, and ratify the Mchtteet /Cenerel Contraor /Owner in in wr iti ng of any candiUane detrimental 3.4. A 12 -in.h long section o1 e.t-.i- will be supplied to the Ar U ebitect /General Contractor /Owner far review. requested • to th proper and timely completion of the job. y to represent color of alundnum finish. 2.2. Erection shell not proceed until any and ell uns.t daatory condition. have been eorrectad In a mannar caeptable to the walkway installation cre N N 4. WASMNTY 2.9. Surrounng di and adjoining structure, (b asewall. building well, etc.) .hail be plumb. lave) end squaro. Plus or minus 4.1. PEI provides a complete mmunct-we- warranty; 5 yea» m defect. in materials and me year an labor as delineated to C in the PEI Terms and Conditions. 3• INSTALLATION m 3.1. Shall be in accordance with manufacturer's lnst.0 tj_ Instruc and .onset FM enginnering data that la a _ applicable to this project. 3 a PART 3 SCOPE OF WORK &CLEANING will leave the immedr.te work ere n } 1. SCOPE OF WORK 4.1. After each workday. PEI i remove oe . x ere r ... ].at compounds from aluminum glas earl.... promptly after completion. I.I. The walkway and the necessary festenen required for structural attachmen! ea ahowa on those drawings comprise the 4 installation .3. Final c adng *I the glass sur shall be performed by other,. complete scope of work. =ga 1.2. Structural analyst. of the existing structure to determine its adequacy to support loads imposed by the PEI walkway is r a ge # beyond the scope of work and is not included. oa $ o� 1.3. Additional discipllnee, a amp -alag any electricd /mechanlcal ayaiems I. beyond the scope of work and Is not Included. ? q � E s 1.4. Soil bearing analysis is beyond the scope of work and is not included. 1.6. The scope of work doe. not include the assessment of the project for compliance with Ore protcetbn. means of ogres. Qy yy 6 € ADA, ener conservation or other regulatory issues. C/1 g Ratio 1he 1 8 to the atructura. I recornmends profe -trust s a shell lso p rofessional . t r ider s specific determine quirement. e impact ebu ding regulatory and qui o ther governing YY,, n U agencies having jurlediction on the project. a re a 1sT. The seaming d payment, of all permit. required by the governing agencies having jurisdiction over this project will De by the General Contractor /Owner e C PART 3 MATERIALS ti 1. STRUCTURAL SECTIONS formed from 8060, 8081, 8006 or 8106 alloys. Tampers re o "s 3 v I.I. AU eat- .4 aluminum sections that are fardehed as part of the wallrwny a» Temp T5 or TB 1.R. Steel read —ing will be AMU 500 Credo B. provisions have been made to permt dissimilar corrosion using a combination of galvanizing. zinc plating insulating tape and / or paint. L FIOSR� 2.1. The finish applied on alt PEI furnished ainminum ae.Uom meets or exceeds the physical test requirements of AAIIA specifications 603.8. ( /^' 3. GASKETS v ' 3.1. Gaskets that am furnished a part 11 the walkway are EPDM and a» comp.Uble with all contact -starlets. 3.2. Gaskets furnished by others that are in contact with the walkway aheU be EPDU and *hall be oompatlbis with all ( < naiad materiel. V O 3.3. PEI furnished glazing tape la Arlon 810.1 -22 type I - Z 4. FASTENERS z 4.1. PEI will furnish all fast-." required to assemble the wdlcway. steel. AMU standard A278, deq O 3 4.11. Threaded fastens» required to attach tha walkway shall b. .telalem u indicated otherwise. 4.1.2. lag craws shall be plated low carbon steel. S ■- g � U J Q Y O W m Y 3 SHEET 2 OF 8 µ vjl, WOUT At CLE—ON G i i i i 1 i I j i i i I i i i 1 1 I i i i I i I i i I i 1 i 1 I I i I L.rr e< -J.rro � +o Jsrrc- tste <.1.nr a <. 1. r..• u. 1+. re< ,- 1- >'.r. <- �- s.•o<.i- r +•e <-1-,: o<.- I.,ro<_lw.ra <.J� ->• row ••L>•.ro <_l.r +o<,�t- r - e<._l- r'.r.i.l -, roc- i- rrs<..! -,r r< :. sro<- Lr.•. <- t- r.re<.- �- rre <.- I- r +as -l-s -r o<..1.,.- ,c -I-,. a< -tw•. roc- J- cro<. -l+.r e<.-� rr-r e<. -l-rre r.E•nw «r - -� � - .,.. «. n<w. vr>o no,.ro. >.. 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MA50N¢Y-- 08z I /Z" f9K 5mW5 n UVIOx3 /4" PAM NEAO 5C2E0 for, MIOOLE, E BOffOM -- -8" COUG. MA5011¢Y 08x1/2" fee 52EWS d EACH SILL CLIP COMM. EACN 510E o f2' 6 8" O.L. 1YP. A¢0Uu0 i TUBE ELBOWtb" STEEL a 3 — � 3 " - A FE21MIf9¢ OF KMEEWALL M50 _ _ ALUMINUM SILL CLIP °,."• fee 5 L2EW5 a � 6LAZIM6 W FAME o v ' GLAZING BA2 FAME (¢63830) ¢EAO H9AO _ , 8" O.L. TYPICAL, I ¢901- BOLTS, iYF. #12. I /Z" NEX MW CA? `O a 2 AMGNO¢5 (283830) 290 NEAO ALL A901.11,10 FOAM_ a ( 5L¢EW5 6 W CUBE f0 ?� ° -• _ I 601_90,0 TYP. KUEEWALL PANEL > 6LAZI 6 9A2 COMMELf10M ALUMINUM SILL CLIP IF. 4x 4" LOM6 CAOIUM \ d •�+• d ~' �a o , o, AfEO feK 5C¢EW5 �' r d aX I r FE¢ Cot tME¢ P05S .. < " m o1 r, _ ' • - s ' SEE ELEVATIOM i \ J I s � - a A - t( N +I N \ N F- a ,•I tat _ I �-Vluri 6LAZIM616A6e0f �n uOfE OM 1 �I /4" OIA. x I I/4" LONG ZAMAL MAILIM 1 �3" FOAM KNEEWALL 'a CONE¢ POST- 1 5A5N NEIGNI e 4 hfA 290 BuBrpE�IAfE POINTS -J J / XPAM099 6 PO-5f 3. S� �6C¢E9M NEI64f COME¢ P05f- 3" FOAM KMEEWALL #8x2" TEK 5C¢9W- F 3" FOAM KUEEWALL I 3 "= TOP, MI001 E,E BOTTOM MF JAMB Z AMCH02h 1Y . EXFAMNI! 6 P05f EXPAM09¢ 9 P05t 1x3 EXPAMOE2 A P 0,51 ' 010. I /Z" NEX HEAD 3 m 3 PA MALNILIE 5L2 - 3 I/ EW (2 EACH SILL CLIP CO b110z3/4" M NEAO 5L¢EWh #!Ox 1/2" NEX HEAD MALHIUE SC2EW Z 2 "- COIN. r' :� > #IOx I /Z" HEX NEAO MALNIME 5C¢EW -FOAM KUEEWALL W1011-1 /, q FOAM KMEEWALL WIOfN— (Z) #8xl /Z" W 5 C¢EWS=- MA5fE2 FAME WIOfN- )♦18x1 2" fEK 5L¢EW GAM6ING OlS \GANGING 0151 a \ (Z / \- -FOAM KMEEwALL WIOtN ® fOP, 1/3 d OOwN, \ `GAM61M6 061' ®TOP, 1 /3rd GOWN, - LGAUGIMG 01St (2) #8z1 /2" fee 5C¢EW 6LAZIM6 W FAME iNILKME55 BOtfOM, AMO I /3rd UP ~ o 0 6LAZIM6 W f¢AME THIGKM955 BOffOM, AMO 1 /3rd UP 6 for, Ord GOWN, GLAZING 9A2 RAMS THICKWESS BOTTOM, ANO I /3rd UP EXPAMOE¢ 6 6040 ALLVIEW 510E WALL ALLVIEW 510E WALL fYPILAk TYPICAL BOTH 5109-5 ALLVIEW 510E WALL OF ¢1610 FVAME i 0 '^ 3 • ' • _ ' =: r11COPWE2 P06T TYPICAL �1COPWw POST TYPICAL �3 ALLVIEW ItJLIIJE COWWECTIOW TYPICAL �SJ d 6LIOIW6 f FIXED WIW00 AT "A' NO 6 FOAM kQEEWALL9 AT "A" WO 6 FOAM KUEEWALL I p A As t io #8xf fee 5C¢EW6, 5fAGGE¢EO i 91 TOP, 1 /3rd OOWM, ANO AT Slrvdural 5ilic0nn 5aalant I I12 "x4 "x3 1I6" STEEL z BOifOM, t /3rd UP 1UBE ELBOW 3" 200( Panel W o i;IG10 F¢AM9 I /- 6LAZIU6 BA¢ P¢AME v (263830) ¢EAO NEAO VIMri GLAZING 6A6KEf �6A5N WIM _ �5C2EEU WIOfN 8 L= Ro - -- ! MF SILL .., /r ` STEEL fUBE ELBOW S y ti d o 41" 5UPP02i SL2E IkINVO FOAMS o e . a / / #8zl /Z" fee W5 fYP. .. _ _ • � f #8xl /r' fee hC¢EW6 a 8" O.C. `•, 7V'c2NANG j ALL A¢OUMO KUEEWALL PANEL _ Faecia � "•' � c OM BOSH -5106 TYPICAL SiGcons Sealant i� - °mac Fz t #8 x 1/2" fee harews, (2) at each < w ' m - - - - - -- ` .__Z� (1) of Each End of Header _ hh'' I Header Arm \_. xu I /2" foe SLQEw \ I r SPACED 18" OL. / -- •VIM11. 6LAZIM6 6A5KEt 08 x I /Z" fEK Screws, Tat Eech o VIMYL GLAZING 6AhKEf �SASN NEI6Hf i I -Bcam, And (I) At Each End t Neadcr 4 (n o 5A HE1-1. 5C2EEM HE16Hf a Neadsr Axeembly i (, w MF JAM8 MF JAMB SASH WIOfH o Z _z #IZx I /2" NEX NEAO LAP X9614-5 #IOx I/2" HEX NEAO MACHIME 66UW ; " -`. v VIMri GLAZING GASVif ® SfEEI fU6E f0 6LAZIM6 9A2 =;`r'.. 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UAZIU6 BA¢ FAME (Z) 318" VIA. z 3 1/4" LOUD p 3 STAIUL966 - fIrM BOLTS WIYN W W °o - ---- ---- ' -1' -4 IIlI6' - -- - - -- P OUT t WA6N90 TYPICAL m Zb 2106E BEAM TO 2106E 6UPP02T B2AGKEf CONNECTION a 25 AL UMINUM L2066 B2ALE 6069T DETAIL Q R SHEET O OF `.' 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 JUNE 14, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Pro Tem Boeck at 7:30 p.m. ROLL CALL Chair Pro Tern Graydon Boeck, Commissioners Sean Rahn, Dianne Reem, Rex Newman, and Stephen Erdmann. Chair Tim Willson and Commissioner John Whitehead were absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Public Works Director Diane Spector, and Planning Commission Recording Secretary Nancy Czajkowski. APPROVAL OF MINUTES MAY 31. 2001 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the May 31 2001 meeting as submitted. The motion asked. Commissioners Y � g P Erdmann and Rahn 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 -014 (ARCHITECTURAL ALLIANCE) Chair Pro Tern Boeck introduced Application No. 2001 -014, a request from Architectural Alliance on behalf of Medtronic, Inc. to seek Site and Building Plan approval to construct a 2,505 square foot covered walkway structure to be built in the parking lot between 6700 Shingle Creek Parkway and 6800 Shingle Creek Parkway, two buildings owned by Medtronic. Mr. Warren resented the staff re overhead transparencies to describe the location of p port using h tr p the property and the proposal. (See Planning Commission Information Sheet dated 6/14/01 for Application No. 2001 -014 attached.) The proposed plan is to construct an approximate 13 -foot wide by 193 -foot long enclosed walkway running in a north/south direction in the approximate center of the parking lot between the two buildings. The facility would be a metal and glass structure, approximately 9 feet in height along the sides and about 13 foot high at the peak of the gable roof. It is in the same location as an at -grade walkway running through the parking lot, which is separated from a drive lane by various concrete planters. Staff recommends approval subject to five conditions. Commissioner Newman asked about the fire sprinkler system. Mr. Warren responded the ordinance discusses buildings and this enclosed walkway could be classified as a structure. He stated it is not designed for occupancy of a continued nature. He noted the Fire Chief does not feel this structure is a high fire risk. He added it does not affect any other buildings and is made 6 -14 -01 Page 1 out of non - flammable materials. He stated that if the structure would ever be connected to any other buildings it would need to be retrofitted by a fire sprinkler system. Commissioner Rahn asked about lighting for the area and whether there are lights along the walkway currently. Mr. Warren responded no. He indicated the parking lot light standards at various locations in the parking lot. He noted it would be lit internally as well. Commissioner Erdmann asked about the curb cuts on the on the east/west sides. Mr. Warren responded that language refers to a ramp. He stated the side elevations show that the walkway would be stepped down. He noted it would be ramped so handicapped individuals would be accommodated. He added there are cuts into the ramp so it would be at the same grade as the parking lot. Commissioner Reem referenced the end of the walkway before the berm and asked if it could be extended without coming back before the Commission. Mr. Warren responded that if the applicant decided to extend the walkway and tie into the building they would make an additional submission. He stated that submission would need to be reviewed by the Planning Commission. Chair Pro Tem Boeck asked if the applicant would lose any parking spaces to the north. Mr. Warren responded they would lose one or two parking spots, but there is excess parking available. Commissioner Erdmann asked if the walkway was expanded to the north by a canopy covered walkway, would it come before the Planning Commission for review. Mr. Warren responded a canopy would only require a building permit and not Planning Commission review or approval. Mr. Peter Vesterholt, the architect for the project, and Mr. Don Wolfe of Medtronic, Inc. introduced themselves. Mr. Wolfe stated as Medtronic, Inc.'s presence grows in the north building they have more traffic going back and forth between the buildings. He noted a rough survey showed about 300 trips a day. Commissioner Reem asked about the adequacy of the lighting. Mr. Wolfe responded there would be internal lighting and internal security cameras. He stated there are emergency boxes on each end of the walkway. He noted each box contains a red button, which with just a push rings security. He added the walkway is open seven days a week, 24 hours day. He stated there are a number of shifts that go round the clock seven days a week. He noted there is also an emergency response kit in the walkway. Commissioner Erdmann asked about the material used for the windows on the walkway. Mr. Vesterholt responded the windows are high enough so that they are not required to have safety glass under the City Code. Commissioner Newman asked whether smoking would be allowed in the walkway and whether the walkway would house transients. Mr. Wolfe responded no. He stated Medtronic, Inc. does not allow smoking on its property unless it is in an individual's car. He noted there is sufficient lighting to monitor and keep out transients. 6 -14 -01 Page 2 The Chair Pro Tem called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO APPROVE OF APPL I N . 2001 -014 (ARCHITECTURAL ALLIANCE) APPLICATION O n There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 2001 -014, submitted by Architectural Alliance on behalf of Medtronic, Inc., for site and building plan approval to construct a 2,505 square foot covered walkway structure to be built in the parking lot between 6700 Shingle Creek Parkway and 6800 Shingle Creek Parkway, two buildings owned by Medtronic, 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 and drainage plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The structure is not required to have a fire sprinkler system at this time. Fire extinguishers shall be provided in a number and location approved by the Fire Chief. 4. The applicant shall provide appropriate protection for doorway openings adjacent to drive lanes as well as appropriate cautionary signs. 5. The building permit for this structure shall not be issued until the final plat comprehended under Planning Commission Application No. 2001 -002 has been filed with Hennepin County. Voting in favor: Chair Pro Tem Boeck, Commissioners Erdmann, Newman, Rahn, and Reem. The motion passed. The Council will consider the recommendation at its June 25, 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. PRESENTATION — WATERSHED SECOND GENERATION PLAN Chair Pro Tem Boeck introduced Ms. Diane Spector, Public Works Director for a presentation of the Watershed Second Generation Plan. Ms. Spector reviewed the Shingle Creek and West Mississippi Watershed Management Commissions. She gave a brief history of the Watersheds and a presentation of possible goals for the next ten years: Watershed Wide Goals 1. Preserve and rotect water quality in lakes p q Y 6 -14 -01 Page 3 2. As upstream communities develop, monitor discharge between communities 3. Control erosion of Shingle Creek and Mississippi Riverbanks 4. Protect groundwater quality 5. Address chloride issue in Shingle Creek Local Goals 1. Improve water quality in Twin Lakes 2. Improve storage capacity of Palmer Lake 3. Continue upgrading storm sewer system 4. Monitor and improve capacity of Shingle Creek 5. Plan for long -term pond maintenance. Commissioner Rahn asked about water quality and the chloride issue. Ms. Spector responded the Watershed Commissions have been monitoring the water quality of Shingle Creek for several years at three locations. She stated they also have locations in Shingle Creek and the Mississippi River at which they engage in the study of macroinvertebrates. She noted certain kinds of macroinvertebrates live only in clean water and some live only in dirty water. She added the researches have found that Shingle Creek is typical of an urban stream and is somewhat dirty. Commissioner Reem stated Shingle Creek has progressively gotten unsightly. She noted she has seen it stagnant with debris in it. Ms. Spector stated by saying it is dirty she is not referencing the clarity of the water. She noted it means the total phosphorus levels are slightly higher than they would like the creek to have. She added the term is more a reflection of it being stagnant. She stated it refers more to the amount of the water flow than the quality of the water. Chair Pro Tern Boeck stated as the area develops and the ground is covered with houses, streets, and driveways, all of the water is running off into the stormwater systems. He noted this is making Shingle Creek a parched conduit. He added there is nothing to provide flow any more. He stated the ground water table used to be much higher. He noted the flow is going to be more and more a product of rainfall. Ms. Spector stated one of those testing sites was a United States Geological Survey (USGS) water testing station. She noted the USGS did some through investigations and reported the data to a statewide data warehouse. She added one of their findings was that during ertain times of g the year Shingle Creek has elevated amounts of chloride. She stated the elevated chloride levels strongly correlated to the use of road salt. She noted several other watersheds also had elevated levels of chloride. She added an evaluation is in progress of a metro wide study. Commissioner Erdmann asked about the storage capacity of Palmer Lake and Shingle Creek. Ms. Spector responded there have been 11 storm sewer outlets into the Palmer Lake basin for many years. She stated these outlets have conveyed a lot of sand and sediment. She noted there is also some organic materials that decompose and cover the bottom of the lake. She added a p ridge has been built u around the lake where the storm sewers are. She stated the lake used to . be three or four feet deep and now it is 6 to 12 inches deep. She noted they are building stormwater ponds on the east and west side of the lake. She added the outlets would discharge 6 -14 -01 Page 4 water into the ponds so that the sediments could settle out before the water goes into the lake. She stated there are areas of the lake, which need dredging. She noted they would clear out channels so the water could move faster. She stated in Shingle Creek they have some sandbars that need to be cleared out for additional water flow. She noted it would also improve the aesthetics of Shingle Creek. Commissioner Newman asked about phosphate free fertilizer. He stated that for fine gardeners this is an important issue. He noted that perhaps all the residents need is some additional education on this issue. He added he would rather see voluntary compliance rather than mandatory compliance. Ms. Spector responded the city might not have a choice. She stated there might be a statewide band on phosphate fertilizer. She noted several communities have done it and found that after the readjustment period the ban was very effective. Commissioner Newman stated this would be an extensive study, but they were only given 30 days to respond. Ms. Spector responded tonight was just a chance to review some of the issues, which are of importance to the Commission. She stated the next step would be to have a very large public meeting, which is scheduled for early August. She noted the Commissioners would be invited to that session so there was time to discuss it further. Commissioner Reem stated the maintenance upkeep issue for the ponds has to be addressed at some point. Ms. Spector responded it is in the city's local management plan. She stated the Watershed has established its standards and policies. She noted they have inspected all the ponds and are in the process of sending out compliance letters to the owners of the ponds both private and public. She added they have set a policy to inspect the ponds every year and send compliance letters out. She stated the property owner has the responsibility to correct the ponds. Chair Pro Tem Boeck noted it was a good session. He asked the Commissioners to think seriously about being at the August meeting. The Chair Pro Tem called for further discussion or questions from the Commissioners. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Reem, seconded by Commissioner Rahn, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:56 p.m. Chair Recorded and transcribed by: Nancy Czajkowski TimeSaver Off Site Secretarial, Inc. 6 -14 -01 Page 5 City Council Agenda Item No. 10a OX City of Brooklyn Center A Millennium Community MEMORANDUM DATE: June 14, 2001 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services (/PA SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of Our Earle Brown Days Junior Golf Tournament The Brooklyn Center Lions Club has presented to the City a donation of three hundred dollars ($300.) They have designated that it be used to support our Earle Brown Days junior golf tournament. Staff recommends acceptance of this donation and asks that it be coded to the corresponding activity budget. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of three hundred dollars ($300) and have designated it be used to support our Earle Brown Days Junior Golf Tournament and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donation with gratitude. 2. Appropriates the donation to the corresponding activity budget. 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. lOb MEMORANDUM DATE: June 18, 2001 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide SUBJECT: Resolution Expressing Appreciation for the Volunteer Efforts of Target Employees at the Eugene Hagel Arboretum On June 9, 2001 Target Corporation employees volunteered a morning of giving to their community. The employees of the Brooklyn Center store selected the Eugene Hagel Arboretum as their project site this year. The employees assisted Betty Muellner of the Brooklyn Center Garden Club in planting and transplanting bulbs, seeds and plants as well as weeding flower gardens and wood chipping garden paths. The continued effort to improve and maintain the Arboretum started in 1997 with employees of Target, Dayton's and Mervyn's. Throughout the past five years employees have donated gifts of time, money and planting materials to improve the grounds at the Arboretum. adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE VOLUNTEER EFFORTS OF TARGET EMPLOYEES AT THE EUGENE HAGEL ARBORETUM WHEREAS, employees of Brooklyn Center Target have generously volunteered their time and energy to improve the grounds and flower gardens at the Eugene Hagel Arboretum; and WHEREAS, the City Council is appreciative of volunteer programs that involve the community and commends Target Corporation for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the public service of Brooklyn Center Target Employees is hereby recognized and appreciated. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member p g g Y and upon vote being taken thereon, the following voted in favor thereof- and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOc MEMORANDUM DATE: June 20, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Staff Report RE: TH 100 Update Attached for discussion and Council direction is a copy of a Memorandum of Understanding (MOU) between Mn/DOT and the City of Robbinsdale. Those parties have requested Brooklyn Center concurrence with the MOU. Also included in this memo is additional material updating the status of the TH 100 project. Memorandum of Understanding This MOU sets forth the terms of the Indiana Avenue Frontage Road option. Of particular concern is paragraph four, which states in part "The City of Robbinsdale will negotiate a land swap agreement or road maintenance agreement with the City of Brooklyn Center." You will recall that throughout Robbinsdale's negotiations with Mn/DOT our support of the Frontage Road option was based on the condition that Robbinsdale take ownership of the parcel of land through which the frontage road would run. We had suggested that the city boundaries be changed (see exhibit A) so that the city limits bisect France Avenue to the centerline of TH 100, then proceed down the centerline of TH 100 to about the middle of the Twin Lake bridge. In effect this would be a swap of land: Robbinsdale would get the parcel on which the frontage road would be located, and Brooklyn Center would get the area just south of Twin Lake Park, where a Mn/DOT pond would be located. Apparently some members of the Robbinsdale City Council were concerned that `they would be getting swamp while giving up lakefront;' they proposed instead a Maintenance Agreement for the frontage road. Staff's concern with a Maintenance Agreement is that it may not effectively shield Brooklyn Center from any liability associated with the Frontage Road. It is staff's recommendation that the City Council NOT accept the proposal of a Maintenance Agreement, but to hold firm to the condition of a land swap. As an alternative to the "swap," the City Council could propose detaching and conveying the Frontage Road parcel to Robbinsdale WITHOUT the stipulation that Robbinsdale detach and convey the area south of Twin Lake Park to Brooklyn Center. Mn/DOT and Robbinsdale have requested Brooklyn Center concurrence with this MOU. The Council is requested to authorize City Manager Michael J. McCauley to sign the agreement on behalf of the city. Direction is also requested from the Council as to the land swap, partial land conveyance, or maintenance agreement alternatives. Additional Information on TH 100 Project Schedule and Additional Approvals Required Mainline June 25, 2001 Receive Beach condos noise berm visualization mid July, 2001 Meet with Beach condos to finalize noise berm ?, 2001 Council approval of flap amendment for the Robbinsdale frontage road July 12, 2001 5pm — 8 pm, TH 100 Open House, West Fire Station July 13, 2001 Target date for completion of 30% plans August 16, 2001 Completion of 30% plan review (Mn/DOT and City staff) Winter, 2002 Target for completion of 60% plans Winter, 2002 Completion of 60% plan review (Mn/DOT and City staff) Late Spring, 2002 Target for completion of 90% plans Late Spring, 2002 Completion of 90% plan review (Mn/DOT and City staff) June 30, 2002 Completion of plans, mainline July ?, 2002 Completion of final plan review (Mn/DOT and City staff) August ?, 2002 Brooklyn Center and Robbinsdale Councils approve final layout Aug -Oct, 2002 Mn/DOT approvals, final bid documents production October ?, 2002 Contract letting France Avenue Relocation June 1, 2001 Railroad profile received from CP Rail Early July, 2001 Construction limits defined, initial meetings with PCA July 31, 2001 Target date for completion of preliminary plans Aug -Sept, 2001 Cooperative Agreement plan review by Mn/DOT October 31, 2001 Target date for completion of permits and ROW acquisition December, 2001 Council review and approve Cooperative Agreement December 31, 2001 Target date for completion of final plans January, 2002 Mn/DOT State Aid review of final plans January, 2002 Council approval of final plans, authorize ad for bids March, 2002 Council lets contract Southeast Area Mid Nov, 2001 First public informational meeting Early Jan, 2002 Second public informational meeting Mid Jan, 2002 Council receives Engineer's feasibility report, orders public hearing Mid Feb, 2002 Public Hearing, approve plans, authorize ad for bids March, 2002 Council lets contract Additional Information Mainline Our negotiations with Mn/DOT have achieved the following: Mn/DOT will pay for the turnlane on Azelia/France Avenues; Mn/DOT will pay for the reconstruction of most of Lakebreeze; we are working on Mn/DOT to pay for the reconstruction all the way to Azelia; Mn/DOT is conducting signal justification studies for the intersection of France and 47 as well as the NB ramp terminal on Brooklyn Boulevard (previously Mn/DOT wanted simply to close EB 50 Avenue and "See what happens "; and We continue to negotiate with Mn/DOT to pick up a larger share of 47 Avenue. Azelia/50 We have contacted Mn/DOT and have received a verbal assurance that in the event the Azelia/50 extension is not doable, they would work together with the city to design and help finance an alternative. We expect to get written confirmation of this verbal assurance shortly. We also asked if the Azelia/50 extension is not doable, would Mn/DOT be willing to reconsider the closure of 50 Avenue. Mn/DOT has replied that the closure of 50 Avenue is a safety issue. The 50 Avenue slip ramp is located between the high -speed entrance ramp from Brooklyn Boulevard and the high -speed exit ramp to France Avenue. The 50 Avenue location is immediately adjacent to the start of the France Avenue exit ramp, and does not have the proper acceleration and deceleration length needed for an exit and entrance onto a freeway carrying 50,000 vehicles per day. Traffic safety is the reason why all these types of accesses along TH 100 were removed as a part of the TH 100 project. SEH has completed the wetland delineation of the degraded wetland in the ditch between the NSP substation and the Murphy Warehouse. The preliminary design and construction limits should be established within a few weeks. At that time the extent of the wetland impact will be known. It is expected to be minimal but in excess of the de minimus exemption in the Wetland Conservation Act. Wetland mitigation of 2:1 will be either on the NSP site or on the City -owned parcel west of the Murphy Warehouse. When construction limits are established we will submit plans to and meet initially with the PCA regarding the submittals needed for final permitting of the work plan. The elevation of the railroad track at the Azelia crossing has been determined. CP Rail and Mn/DOT continue to discuss design elements of the bridge and track, so the elevation increase at the France Avenue crossing has not been finalized. However, it now looks as if it will be about seven feet, plus or minus a half foot or so. t MEMORANDUM OF UNDERSTANDING BETWEEN THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE CITY OF ROBBINSDALE WHEREAS, the Minnesota Department of Transportation (Mn/DOT) and the City of Robbinsdale wish to proceed with a construction project to provide a new local access to the Indiana Avenue neighborhood as a part of Segment 4 of the TH 100 Reconstruction Project; and I WHEREAS, the new access will be a Frontage Road on structure (approximately 835 feet in structure length) connecting France Avenue with Indiana Avenue and touching down at 47 Avenue and Lilac Drive; and WHEREAS, the work to be performed is as generally shown on the attached Exhibit A, ("Project"); and WHEREAS, the alignment of the Frontage Road is proposed in the City of Brooklyn Center; and WHEREAS, the City of Robbinsdale will own the Frontage Road and the storm water pond and be responsible for their maintenance immediately after construction is complete; and WHEREAS, construction is planned to begin in the winter of year 2002; and WHEREAS, the project financing will come jointly from Federal, State, and City of Robbinsdale funds; and NOW THEREFORE, Mn/DOT and the City of Robbinsdale agree to the following: 1. This Memorandum of Understanding ( "MOU ") is not a binding agreement and that any binding obligations of the parties to this MOU will be made pursuant to written, and properly executed and approved agreement(s). 2. Mn/DOT's consultant (SEH) will design the Frontage Road and storm water treatment pond as a part of Segment 4 of the TH 100 Reconstruction Project. The roadway will be designed as shown in Layout 2 and Profile 2 for SP 2755 -75 dated April 18, 2001 approved by the Robbinsdale City Council on May 15, 2001. 3. Mn/DOT will acquire the property at 4644 Indiana Avenue for construction of a storm water detention pond. After construction is Mn/DOT and City of Robbinsdale MOU 1 TH 100 — Segment 4 April 30, 2001 complete, the City of Robbinsdale will own and maintain the pond. The pond will treat runoff from the Frontage Road. 4. The City of Robbinsdale will negotiate a land swap agreement or road maintenance agreement with the City of Brooklyn Center. This agreement is to be signed at least 16 weeks prior to the letting of the Segment 4 project currently scheduled for October 25, 2002. 5. Mn/DOT and the City of Robbinsdale agree that upon completion of construction, the City of Robbinsdale will assume ownership and maintenance responsibilities for the Frontage Road. . 6. The City of Robbinsdale has agreed to a lump sum price for construction of the Frontage Road of $107,000 based on preliminary estimates of the difference in costs between Mn/DOT's preferred alternative on the 40 Avenue alignment and the City's preferred option of the frontage road. Robbinsdale agrees to a contingency amount not to exceed 10% to cover costs in the event the construction cost exceeds $107,000. The total contingency amount shall not exceed $10,700.00. Mn/DOT and City of Robbinsdale MOU 2 TH 100 — Segment 4 April 30, 2001 a I concur with this Memorandum of Understanding. MINNESOTA DEPARTMENT OF CITY OF ROBBINSDALE TRANSPORTATION Richard Stehr Dennis Kraft Metro Division Engineer City Manager Mike Holtz L/ Mayor CITY OF BROOKLYN CENTER Recommend Concurrence Mike McCauley City Manager WDOT and City of Robbinsdale MOU 3 TH 100 — Segment 4 April 30,2001 Exhibit A 51ST 'AV _ N w AVI L 50TH AVE. N. W U >' LAKEBREEZE AVE. N. LLJ > 48TH AVE LAKESIME AVE. Z 47TH TWI LAK PARK 17 46 TH AVE. N. 46TH AVE. N. ,tea" � �� .... . ....... .... Current City Boundary — — — — — — Proposed City Boundary W* E Land to Detach and Convey to Robbinsdale for Frontage Road S Land Which Could Be Detached by Robbinsdale and Conveyed to X111111A Brooklyn Center OR Which Could Be Retained by Robbinsdale BR OOKLYN TH 100 Robbinsdale Frontage Road CE NTER "Land Swap" Options City Council Agenda Item No. lOd 0 • Or City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers Lasman, Nelson, P ppe, and Ricker FROM: Michael J. McCauley, City Manager DATE: June 15, 2001 SUBJECT: Settlement with Brookdale Three Limited Partnership In connection with the purchase of the Brookdale Corporate Center Three, the City, the Housing and Redevelopment Authority (HRA), and Brookdale Associates Limited Partnership (successor and interest to Brookdale Three Limited Partnership) entered into an agreement that facilitated the sale of the property so that it would be repositioned and redeveloped. In connection with that sale, the termination agreement identified potential obligations under a deficiency agreement that had been entered into in 1985 between the HRA and Brookdale Three Limited Partnership. Pursuant to the termination agreement, the parties agreed that the maximum amount of payment that would be made under the deficiency agreement would be $335,000 or the maximum amount which could be paid on the payment date pursuant to the terms of the deficiency agreement whichever was less. The reason for the limitation or cap was to set sometime of limit on the potential liability for Brookdale Associates Limited Partnership. The agreement further went on to provide a mechanism in which the actual the deficiency payments that would be allowable under the Internal Revenue code would be determined and an appeal process to resolve differences of opinion. Springsted has undertaken additional study and review of the parties' position on estimated market value and what would constitute deficiency payments based on those market values and taxes actually paid. That analysis has indicated a range of the maximum amount that the City and HRA would be able to obtain under the termination agreement that ranges from a high of $266,773.99 to a potentially negative value. In the discussions to bring the termination agreement to a close, the position of the parities basically ranged from $83,515 to $266,773. The proposed resolution would have the City and HRA receive $176,000 in final and full settlement of the obligations under the termination agreement. This would be a reasonable result and avoid expensive efforts to deal with fixing the actual obligations for real estate taxes payable in the period 1992 through 1996, which were the years for further review and negotiation as identified in the termination agreement. These monies would be used for debt service pursuant to the applicable regulations etc., regarding this district. As this represents a reasonable resolution of the situation and provides a substantial amount of money that will be placed in the debt service account, I would recommend its approval. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ACCEPTANCE OF PAYMENT IN SATISIFICATION OF THE TERMINATION AGREMEENT DATED THE 28 DAY OF NOVEMBER 2000 BY AND BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY (HRA) OF THE CITY OF BROOKLYN CENTER, THE CITY OF BROOKLYN CENTER, AND BROOKDALE ASSOCIATES LIMITED PARTNERSHIP (SUCCESSOR AND INTEREST TO BROOKDALE THREE LIMITED PARTNERSHIP) WHEREAS, as of the 28' Day of November 2000, the City, the HRA, and Brookdale Associates Limited Partnership entered into an agreement to terminate the deficiency agreement dated December 19,1985, between the HRA and Brookdale Three Limited Partnership and various other agreements identified in the termination agreement of November 28, 2000; and WHEREAS, the parties agreed that there would be further calculation and discussion regarding the maximum payment to be received by the City and HRA pursuant to the deficiency agreement; and WHEREAS, further review of the market value of the property and what would constitute deficiency payments by virtue of the payment of taxes in excess of the fair market value of the property have been undertaken; and WHEREAS, the parties have proposed a final settlement pursuant to the termination agreement of November 28, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is hereby authorized to accept the payment of $176,000 in full and complete discharge of the obligations of Brookdale Associates Limited Partnership under the termination agreement of November 28, 2000, for any and all deficiencies owed under the agreements identified in the termination agreement of November 28, 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. �I TERMINATION AGREEMENT. THIS TERMINATION AGREEMENT ( "Agreement "), made this A day of �)c"Q-,r , 2000, by and between The Housing and Redevelopment Authority of the City of Brooklyn Center, a Minnesota public body corporate and politic ( "HRA ") the City of Brooklyn Center, a Minnesota public body corporate and politic ( "City ") and Brookdale Associates Limited Partnership, a Minnesota limited partnership successor in interest to Brookdale Three Limited Partnership ( "Brookdale "). RECITALS HRA and Brookdale are parties to a Deficiency Agreement dated December 19, 1985, between HRA and Brookdale Three Limited Partnership (the "Deficiency Agreement "), relating to tracts A and H, registered land survey No. 1594, Hennepin County, Minnesota (the "Property") and recorded as Document No. 1695004, and an Assessment Agreement and Certification of Assessor dated December 19, 1985, between HRA and Brookdale Three Limited Partnership (the "Assessment Agreement "), relating to the Property and recorded as Document No. 1695005, and a Contract for Private Development dated December 19, 1985 filed December 31, 1985, as Document No. 1695001 among the HRA, the City, Brookdale Three Limited Partnership, and Brookdale Corporate Center, a limited partnership ("Contract for Private Development"). In consideration of Brookdale's agreement to pay the amount determined pursuant to this Agreement to HRA, HRA and City hereby terminate the. Deficiency Agreement and Assessment Agreement. The City and HRA also hereby terminate the Contract for Private Development but only as it relates to Lot 2, Block 1, Brooklyn Farm, Hennepin County, Minnesota. Nothing herein shall act to terminate the Contract for Private Development as it relates to Lot 1, Block 1, Brooklyn Farm, Hennepin County, Minnesota. NOW, THEREFORE, the parties hereto agree as follows: 1. On or before the "Payment Date," (or, if applicable, the payment date set forth in Section l.c.) Brookdale shall pay to HRA an amount (the "Payment ") equal to the lesser of $335,000 or the maximum amount which could be paid on the Payment Date pursuant to the terms of the Deficiency Agreement, including the provisions thereof incorporating the limitations of Section 6.1(04) of the Development Agreement, as defined below, to pay all tax increment deficiencies payable in 2003 and all prior years. For purposes of this Agreement, it shall be conclusively presumed that no "private payments" for purposes of the Internal Revenue Code were or would be included in real estate taxes payable in 1997 or any later year or in 1991- or any prior year, and that the tax increment deficiency under the Deficiency Agreement in payment years 2001, 2002 and 2003, calculated without reference to the limitation in Section 6.1(04) of the Development Agreement, would be $53,726.58 per year. a. The "Payment Date" shall be the later of the 30 day after the date of the Agreement or the tenth day after the day the HRA provides Brookdale written notice of such tax increment deficiency and all calculations of the tax increment deficiency prepared by its consultants and attorneys for real estate taxes 1227977v6 paid during the term of the Deficiency Agreement, including without limitation, calculation of the limitations on tax deficiency set forth in Section 6.1(04) of the contract for Private Development, dated December 19, 1985 among the HRA, City, Brookdale Three Limited Partnership, and Brookdale Corporate Center ( "Development Agreement "). b. Brookdale shall have the right to contest any such calculations by written notice delivered to City on or prior to the Payment Date. In the event the parties disagree as to the correctness of the calculations, the parties shall seek the written opinion of Joseph Gonnella, Esq. of the Dorsey Whitney law firm. If Joseph Gonnella is unavailable, the parties shall seek the written opinion of Lynn Endorf of the Dorsey Whitney law firm. If Lynn Endorf is unavailable, the parties shall seek the written opinion of a mutually acceptable bond attorney who is regularly retained to advise developers, owners and municipalities as to tax exempt financing and who regularly renders opinions as to tax exempt bonds. (i) If Joseph - Gonnella and Lynn Endorf are unavailable and the parties cannot agree as to such attorney, within ten (10) days of delivery of Brookdale's written notice of objection (such notice delivery date hereafter called "Notice Date "), Joseph Gonnella and Lynn Endorf shall jointly select an attorney who is regularly retained to advise developers, owners and municipalities as to tax exempt financing and who regularly renders opinions as to tax exempt bonds. (ii) Brookdale shall have the right to submit a memorandum to the attorney explaining Brookdale's position within five (5) days of the later of the date of Brookdale's notice of its contest of any such calculations or the date the attorney is selected. (iii) The selected attorney shall render an opinion to the HRA, City, Brookdale and BCC Associates, LLC as to the correct calculation of the deficiency and the correct calculation of the limitations imposed by Article VI of the Development Agreement including the opinion that such deficiency payment shall not affect the tax exempt status of the bonds within thirty (30) days of being selected and notified of the dispute. Such opinion shall resolve the dispute as to the calculation of such deficiency and the calculation of any limitations on such deficiency. The opinion, as a resolution of such disputes, shall be final and nonappealable. (iv) Brookdale shall pay the cost of the attorney retained pursuant to the process outlined above. C. Payment of such tax increment deficiency shall be postponed pending resolution of any such dispute but shall be paid within seven (7) days of such resolution. i 1227977v6 2 i w 2. In consideration of Brookdale's commitment to make the Payment, the City, HRA and Brookdale hereby terminate the Development Agreement, the Deficiency Agreement and Assessment Agreement and the City and HRA hereby releases and discharges Brookdale, Brookdale Three Limited Partnership and their respective successors and assigns from any and all obligations and liabilities, for payment or otherwise, now existing or hereafter arising under the Development Agreement the Deficiency Agreement or Assessment Agreement. 3. A notice, demand or other communication under the Agreement by any party to another party shall be sufficiently given or delivered if and when it is sent by mail, postage prepaid, return receipt requested or delivered personally to the following addresses: As to the HRA: Executive Director The Housing and Redevelopment Authority in and for the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota As to the City: City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota As to Brookdale: Brookdale Associates Limited Partnership c/o Ryan Properties, Inc. 900 Second Avenue South Minneapolis, Minnesota 55402 Attention: John Kelly [Signature pages to follow] 1227977v6 3 9 IN WITNESS WHEREOF, the parties hereto have caused these presents to be made as of the day and year first above stated. THE HOUSING REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER By Its And 124a Its l/ 0 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrum t was acknowle o� m 'a e 's da y of November, 20 0, by i & 1 d , , the � ed bef j(jj. -hA d by �(YlcL ,the _ of The Housing and Red elopment thority in and for the City of Brooklyn Center, a Minnesota public body corporate and politic, on behalf of The Housing and Redevelopment Authority in and for the City of Brooklyn Center. I r Notary Public r MARIA L. ROSENBAUM :. NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 • 1227977v6 4 BROOKDALE ASSOCIATES LIMITED PARTNERSHIP By Brookdale Three Limited Partnership, its general partner By Ryan Properties, Inc., its general partner STATE OF MINNESOTA ) ss. - COUNTY OF HENNEPIN ) The fore 10mi g mistriment was acknowledged before me this0 day of November, 2000, bySOkA Y161M - r• , the V I GQ.T'e 1dG1:t' of Ryan Properties, Inc., general partner of Brookdale Three Limited Partnership, general partner of Brookdale Associates Limited Partnership, a Minnesota limited partnership, on behalf of the . limited partnership. Notary Public -„� LISA M. ADAIR Notary Public Minnesota My Commission Expires Jan. 31 20D5 " I 1227977v6 5 I CITY OF BR KLYN CE ER By fts l' , 'i-(1 z And By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was kno ledged beforp me on this 4gg' da�Y of 2000 by j and 10wrni S�the t"Yl and Ma..v cl ✓ Of the CitY of Brookl3ff Center, a Minnesota municipal corPtration. r Notary Public R MARIA L. ROSENBAUM NOTARY PUBLIC - MINNESOTA Mr COMMM n Exp M JOL a1, zoos w X DRAFTED BY: BRIGGS AND MORGAN, P.A. (JRS) 2400 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612 - 334 -8400 • 1227977v6 6 City Council Agenda Item No. 10e ® MEMO To: Michael J. McCauley, City Manager n From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2001- 012 Date: June 20, 2001 On the June 25, 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. The application was placed on the City Council agenda on June 11, 2001 and was tabled. It is being resubmitted for the June 25, 2001 City Council meeting 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 A CKGR nT 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 ti 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 5e and France Avenue route has been chosen to meet this need and is being pursued. A[' CF.S�/PARKIN('T 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 ma a Phase III lot was once owned b ` y recall that a portion of what is now the o y 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 project 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. GRA T)TNC r / R ATNA C'TR/[ TTTT .TTF.S 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 and area. Water will be collected in the south parking lot area and tied into, through two catch p p g � 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 in 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 II 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. LANDS . APTN� 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 building. Foundation plantings 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 building. Island planting 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 TTT 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 H building to the west of this site. T JGrTJTTNCTaR A ST-T 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. R RC OMM1 ND A TTOW 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. 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 �� ' �1• Y lill Y_ s i- ` _ -- - - 1� ,�_ =�''' - t► � al r� .xrY a • _ Y - ; ., : �,1 � r r . 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PRELIMINARY PLAT OF LAWWRI"ING - O "`°"'° JOSLYN SECOND ADDITION ''' CITY OF'HROOELYN CENTER. 9E N'IEPIN COUNTY. MINNESOTA • Wenw t% .arur n 1 INNIN RAW r or i \ on. LM4L J 010 IV WIIC N 001Y\Olf "a Newsom C M/m Nw. Ii lam SSW MINTY MAP MlO OCIVAI . clx= ut..i wrwr sr a�w �•. tk ! Mn IS d1I7MM 4 .gyp ��.n.r �-- w. � �•_ —._. —. �.'. �.+�• W(� � � � '• 1t� ! J#I BLOCK , AW w. w +� ® 1��0iiiiliiillNi • • �•_ �� MOW" IF ' � I FWWz a rmdw'sawxer: WO I S, �Ml al d wa Yt'aYlus tC011at ulO Ilnwl� w S.. OIIR .rgde I1wr d tw 1. rw IpwY s ♦ ^ mum N dor�..d.ri[IauMe.�� w.�..� ��� OOSiNO2QM0 IIfgUIlO/Dllt lwll�ip y! a aa'1� w.� w orawow M � dam' w" +��++. w93 "�3" .no -sal � : "roes— „�,M.., .,. ..�....,. 8 .�.. d . '"n`u'n` n� — _C 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 tune. • 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. • n enter into a Maintenance and Inspection he Developer shall be required to Agreement. e t p g • The building permit should be subject to review of the Fire Chief. • As -built drawings are required, • R•E•R 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 (4010 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 Ill LLC submitted Addendum No. 5 the 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 _L___. /it'll and i �►Z r (A V)) on4_1 540 Mr. Gerald J. Stabnke 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 Buildin g g 3 Soil Management Plan is approved roved 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'— l : Site Plan • Plan C —1: Grading and Utility Plan • Plan L 1.0 Concept Planting Plan RER and Twin Lakes III respectfully request our acknowledgment that the submitted P Y hubi q Y . 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 R. Hyae 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. 10f ��40KLYN CEHTF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Joel Downer, Chief of Police DATE: June 21, 2001 SUBJECT: Patrol Stang In March of 2001, the patrol division of the Brooklyn Center Police Department changed its primary staffing from a work schedule of 8.5 hour days to 12 hour days. The 8.5 hour work day required an officer to work seven days on, three days off, seven days on and four days off. The four days off were always scheduled every third weekend. Officers working the 12 hour shift have every other Friday, Saturday and Sunday off and have an additional 60 days they do not report for duty. The remaining six officers are scheduled to work 8.5 hour shifts during the department's busiest periods. 12 hour shifts start at 6 am and at 6 pm. With a full complement of officers, the following coverage is provided: 6:00 am to 9:30 am = 5 Officers 9:30 am to 4:00 pm = 7 Officers 4:00 pm to 6:00 pm = 9 Officers 6:00 pm to 4:00 am = 7 Officers 4:00 am to 6:00 am = 5 Officers In addition, a sergeant is scheduled to be on duty on all shifts. The staffing levels have allowed sergeants to assign proactive details including traffic law enforcement and plain clothes surveillance details. The department has received numerous comments from residents who have observed the increased number of squad cars on patrol. This tends to make the residents feel more secure in their community. There has been a decrease in the amount of overtime spent based on the increased number of officers working on a given shift. The 12 hour shift was researched by the department's labor management committee and by the administrative staff. Patrol officers seem to generally support the 12 hour shifts and have made the adjustment to the longer work day. 12hrshilmem