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2001 07-09 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION July 9, 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 I 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 find 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 COMMITTEE BROOKLYN CENTER, MN, USA An All - American City A Millennium Community Community Leader-ship 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? *""Building A Quality Community CITY COUNCIL MEETING Public Copy City of Brooklyn Center July 9, 2001 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 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 18, 2001 - Worksession 2. June 25, 2001 - Study Session 3. June 25, 2001 - Regular Session b. Licenses C. Approval of Application for Authorization for an Exemption from Lawful Gambling License (Raffle) from the Proper Economic Resource Management for an Event to be Held on Saturday, February 23, 2002, at the Earle Brown Heritage Center d. Resolution Amending Resolution No. 2000 -227 Setting Salaries and Benefits for the • Calendar Year 2001 CITY COUNCIL AGENDA -2- July 9, 2001 e. Resolution Approving Final Plat, BROOKLYN 55 ADDITION f. Resolution Approving Final Plat, RIVERWOOD ESTATES g. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 7. Presentations a. Relay for Life b. Mayor Kragness: Northbrook Shopping Center and 4`' of July Carnival Provided by Dan Vang 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: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Vacating Certain Utility Easements in E & H PROPERTIES FIRST ADDITION and FARR' S FIRST ADDITION, Riverwood Estates on Willow Lane • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. C. An Ordinance Authorizing the Conveyance of a Portion of Lots 8 and 9, Block 1, Lane's Brooklyn Center Addition, According to the Recorded Plat Thereof, Hennepin County, Minnesota *Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. CITY COUNCIL AGENDA -3- July 9, 2001 9. Planning Commission Item a. Planning Commission Application No. 2001 -015 Submitted by Renee Stoddard. Request for Special Use Permit approval to operate a go -cart track and entertainment center at the old K -Mart site, 5930 Earle Brown Drive. The Planning Commission recommended approval of this application at its June 28, 2001, meeting. • Requested Council Action: - Motion to adopt Planning Commission Application No. 2001 -015 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Proclamation Declaring July 15 Through July 21, 2001, To Be Community Activities, Recreation and Services Week • Requested Council Action: - Motion to adopt proclamation. b. Mayoral Appointment to Housing Commission *Requested Council Action: - Motion to ratify Mayoral appointment. C. Report on Code Enforcement Sweep • Requested Council Action: -None, report only. 11. Adjournment i City Council Agenda Item No. 6a f MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA GENERAL WORK SESSION MEETING WITH FINANCIAL COMMISSION NNE 18, 2001 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met for a general work session with the Financial Commission at Brooklyn Center City Hall "in Conference Room B and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Fiscal and Support Services Director Doug Sell, and Deputy City Clerk Maria Rosenbaum. Others present were Financial Commissioners Jay Hruska, and Timothy Elftmann. Commissioner Gavin Wilkinson arrived at 6:35 p.m. Clifford Hoffman and Molly Manke from Deloitte & Touche LLP were present to present the 2000 Financial Audit. DISCUSSION OF 1999 FINANCIAL AUDIT Auditor Clifford Hoffman presented selected financial information regarding the City's Comprehensive Annual Financial Report (CAFR) for the year ended December 31, 2000, on operating fund status, productivity measures, enterprise funds with operating income (loss), selected performance indicators, performance definitions, utility enterprise fund comparisons, general fund revenues and expenditures, unreserved undesignated general fund balance compared to annual expenditures, debt service schedule, and a summary of the practice ratings that the City received, and the competitive advantages and challenges that the City faces. Mr. Hoffman discussed the audit includes 3 reports, the statement of CAFR, an independent auditors' report on compliance and on internal control over financial reporting based upon the audit performed in accordance with government auditing standards, and a management content letter. Council discussed a few of the items with Mr. Hoffman. 06/18/01 -1- DRAFT i Mr. Hoffman indicated that the City is in a good financial state and that the outcome of the year with the City's staff being short one employee was handled extremely well. Mr. Hoffman thanked the Council for their time and informed the Council that he will be at the City Council meeting on June 25, 2001, to make a formal presentation to the City Council if they had no questions. There were no more questions from the Council. MISCELLANEOUS Council discussed tax increment finance (TIF) Districts and the Twins Stadium issue. Mayor Kragness informed the Council that she had heard that Dayton's had announced the news about their eight million dollar renovation. Council discussed the TIF regarding Brookdale. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adj ourn the meeting at 7:47 p.m. Motion passed unanimously. City Clerk Mayor 06/18/01 -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 STUDY SESSION JUNE 25, 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 6:05 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Director of Fiscal and Support Services Doug Sell, Public Works Director Diane Spector, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS . Council discussed agenda items 8c and 8d, 9a, and 10f. There was a considerable amount of discussion on agenda item 10c, Update on Highway 100. City Manager Michael McCauley discussed a petition that was received requesting an Environmental Assessment Worksheet (EAW) and informed the Council that the Environmental Quality Board will review the petition and refer the petition to the responsible agency which is anticipated to be the City or Mn/DOT. The environmental liability if Azelia Avenue is extended was discussed and Mr. McCauley informed the Council that the City will not be responsible for environmental clean up or liability by virtue of a public road and that the landowners would be responsible. Councilmember Nelson asked if agenda items l Oc and IOe were related issues. Mr. McCauley informed the Council that the two agenda items are two different issues. Agenda item l0e is a regulatory function. The Planning Commission recommended approval of the application subject to conditions and unless the applicant did not comply with the conditions, there would be no reason to reject the application. Mayor Kragness questioned the fencing along the west side of the Joslyn area. Public Works Director Diane Spector informed the Council that the fencing is along all three sides and that the lakeside has no fencing. Joslyn has been directed to fence in the area by the MPCA. Council continued discussion on the actions that will take place once the approval is received from is the PCA regarding the roadway. 06/25/01 -1- DRAFT I TWINS STADIUM Councilmember Nelson requested to have this item discussed at the next study session. MISCELLANEOUS Councilmember Lasman requested that the Council be informed of events such as the Police promotion reception. ADJOURNMENT The study session continued into the informal open forum at 6:45 p.m. City Clerk Mayor 06/25/01 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL S OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 25, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Director of Fiscal and Support Services Doug Sell, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to share that she believes the information she has been provided is contradicting from what staff is saying in regards to the Highway 100 project and to express her concern regarding the development of Phase Three for the Joslyn development. Bob Hill, 4701 East Twin Lake Boulevard, addressed the Council to discuss his belief that the businesses involved in the area of the Highway 100 project in the Joslyn development would not be taken if an alternate route were used for the France Avenue relocation. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn informal open forum at 6:59 p.m. Motion passed unanimously. 2. INVOCATION 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 7:02 p.m. • 06/25/01 -1- DRAFT 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, 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 he attended the Park and Recreation Commission meeting on June 13, 2001, and discussed the meeting they had with the Twin Lake residents. Councilmember Lasman reported that on June 13, 2001, she attended the Park and Recreation Commission meeting and a Smart Growth meeting, on June 14, 2001, a regional Smart Growth follow up meeting, and on June 19 through June 22, 2001, the League of Minnesota Cities Conference in Duluth. Councilmember Peppe reported that on June 15, 2001, he attended a neighborhood watch group meeting. Councilmember Nelson reported that he attended the Earle Brown Days Board of Directors meetings on June 12 and June 19, 2001, the Smart Growth meeting on June 13, 2001, the regional Smart Growth follow up meeting on June 14, 2001, and the League of Minnesota Cities Conference in Duluth on June 19 through June 21, 2001. Mayor Kragness reported that she volunteered at the street dance for the teens as part of the Earle Brown Days events and reminded the Council that the Focus Group for Brooklyn Center would be on July 11, 2001, at the Earle Brown Heritage Center. Councilmember Nelson reminded the Council that there would be a Highway 100 meeting on July 12, 2001, at the West Fire Station. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the June 11, 2001, study and regular sessions. Motion passed unanimously. 0 - • 6/25/01 -2 DRAFT i 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. 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 93` Avenue North, Brooklyn Park Carrier Commercial Services 7550 Washington Avenue S, Eden Prairie Kraemer Heating, Inc. 7441 Dallas Court, Maple Grove RENTAL Renewal: 110757 1h Avenue North Bobby and Sally Robson 5448 Humboldt Avenue North Francis and Lorri Kaas 1201 57 Avenue North Edward Doll SIGN HANGER Attracta Sign 7420 West Lake Street, St. Louis Park 6c. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001 -14, CONTRACT 2001 -E, CONSTRUCTION OF STORAGE BUILDING AT CENTERBROOK GOLF COURSE RESOLUTION NO. 2001-86 Councilmember Lasman introduced the following resolution and moved its adoption: • 06/25/01 -3- DRAFT I RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2001-14, CONTRACT 2001 -E, CONSTRUCTION OF STORAGE BUILDING AT CENTERBROOK GOLF COURSE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000 -16 AND 2000 -17, CONTRACT 2000 -G, PALMER LAKE PONDS AND PALMER LAKE TRAILS RESOLUTION NO. 2001-87 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2000- 16 AND 2000 -17, CONTRACT 2000 -G, PALMER LAKE PONDS AND PALMER LAKE TRAILS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-88 Councilmember Lasman 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. PRESENTATIONS 7a. MAYOR KRAGNESS: DAN VANG PRESENTATION ON NORTHBROOK SHOPPING CENTER AND 4 TH OF JULY CARNIVAL Mayor Kragness informed the Council that Dan Vang, new owner of Northbrook Shopping Center, was not able to be present and discussed that Mr. Vang wanted to discuss the carnival that will be at the Northbrook Shopping Center on July 3 and 4, 2001. 06/25/01 -4- DRAFT 7b. 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 Cliff Hoffman, Auditor from Deloitte & Touche LLP, presented a brief summary of what the Council had reviewed at a worksession on June 18, 2001, before the Council was asked to consider acceptance of the Comprehensive Annual Financial Report of the City of Brooklyn Center for the calendar year ended December 31, 2000. Mr. Hoffinan informed the Council that the concern regarding the House Bill is looking more positive than it was last week; however, the Legislature is not done yet. RESOLUTION NO. 2001 -89 Councilmember Lasman introduced the following resolution and moved its adoption: 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 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NE QUADRANT OF 69 AND BROOKLYN BOULEVARD) City Manager Michael McCauley requested that the public hearing be opened and continued to the July 9, 2001, meeting since the plat had not yet been filed. A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Peppe, seconded by Councilmember Lasman to continue the Public Hearing to July 9, 2001. Motion passed unanimously. 06/25/01 -5- DRAFT I 8b. AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this ordinance amending Chapter 23 would add definitions for "bona fide health club ", "qualified ", and "recognized school" which would allow a person to administer massage in public places and includes exemptions from licensure for barber shops, hair or beauty salons, or for bona fide health clubs and would require a minimum of 500 hours of training in massage from a recognized school. A motion by Councilmember Nelson, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2001 -11 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 RELATING TO THE LICENSURE OF MASSAGE IN THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8c. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY DAVID KRAMLINGER, 5415 DUPONT AVENUE NORTH Mr. McCauley discussed that the Council adopted an ordinance amending Chapter 1 regarding private kennel licenses at its May 29, 2001, meeting which would entirely eliminate private kennel licenses. The effective date of the ordinance is July 6, 2001. Two private kennel license applications had been received, reviewed by the City Manager, and denied under the current ordinance. David Kramlinger, 5415 Dupont Avenue North requested a public hearing. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. 06/ - - r 25/01 6 DRAFT A motion by Councilmember Lasman, seconded by Councilmember Nelson to support the City Manager's decision to deny a private kennel license for three dogs at 5415 Dupont Avenue North. Motion passed unanimously. 8d. CONSIDERATION OF PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY PETER TALLMAN, 6930 NEWTON AVENUE NORTH Mr. McCauley discussed that this is the second private kennel license application requesting to keep three dogs that was submitted and is considered under the current ordinance. A motion by Councilmember Nelson, seconded by Councilmember Ricker to open the Public Hearing. Motion passed unanimously. Peter Tallman, 6930 Newton Avenue North, addressed the Council requesting approval of a private kennel license to keep three dogs. Mr. Tallman informed the Council that they have had three dogs for a year and three months and are not aware of any police complaints. They take every precaution to keep the dogs in and do have the invisible fencing for the dogs when they are left outside. Two of the three dogs stay outside during the day while they are at work and the third is in the house since that dog does need supervision. Council discussed responses that had been received regarding excessive dog barking, feces in the yard, and dog running at large and informed Mr. Tallman that there were neighbors that had requested that the private kennel license be denied. Mr. Tallman discussed an incident that had happened a while ago and informed the Council that a City Inspector had been out to inspect his property and that his property was approved to be fine. Paula Knight, 6931 Morgan Avenue North, addressed the Council regarding the three dogs at 6930 Newton Avenue North and to express that she had no concerns with the three dogs. Councilmember Lasman discussed that the Council opted to have a two dog minimum and after having letters of concern from residents in the neighborhood would have to support the City Manager's decision to deny the private kennel license. A motion was made by Councilmember Lasman to support the City Manager's decision to deny the private kennel license for 6930 Newton Avenue North. Mr. Tallman addressed the Council again to express that they would take other precautions such as the barking collar to help the barking and requested that the Council consider another option other than the two dog limit such as a poundage limit. Tom Knight, 6931 Morgan Avenue North, addressed the Council to discuss that he has two dogs and when his two dogs are out with Mr. Tallman's dogs, the dogs run along the fence line and bark all day. • 06/25/01 -7- DRAFT Mr. Knight indicated that he believes this is playtime for the dogs, just like kids playing outside and making noise. Mr. Knight expressed that he believes the three dogs should be allowed at 6930 Newton Avenue North and questioned if the Council had ever approved a private kennel license. Mayor Kragness informed Mr. Knight that the Council had approved some in the past and that at this time with the concerns of the neighbors and the decision of the Council to limit the two dogs would have to support the denial of the private kennel license. A motion by Councilmember Nelson, seconded by Councilmember Ricker to support the City Manager's decision to deny the private kennel license for three dogs at 6930 Newton Avenue North. Motion passed unanimously. 9. PLANNING COMMISSION ITEM 9a. PLANNING COMMISSION APPLICATION NO. 2001 -014 SUBMITTED BYARCHITECTURAL 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 MAY 31, 2001, MEETING. Mr. McCauley discussed that the Planning Commission reviewed Planning Commission Application No. 2001 -014 submitted by Architectural Alliance requesting for site and building plan approval to construct a 2,505 square foot covered walkway for Medtronic at their Shingle Creek Parkway complex and recommended approval 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. 06/25/01 -8- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve Planning Commission Application No. 2001 -014 subject to the above listed conditions. Motion passed unanimously. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT Mayor Kragness discussed that the Lions had donated $300 which was to be used to support the Earle Brown Days Junior Golf Tournament and that this resolution would accept the donation. Councilmember Nelson commended the Lions for all the support they provide to the City. RESOLUTION NO. 2001-90 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF OUR EARLE BROWN DAYS JUNIOR GOLF TOURNAMENT The motion for the adoption of the foregoing resolution was duly seconded b Councilmember p g g Y Y Peppe. Motion passed unanimously. 10b. RESOLUTION EXPRESSING APPRECIATION FOR THE VOLUNTEER EFFORTS OF TARGET EMPLOYEES AT THE EUGENE HAGEL ARBORETUM Mayor Kragness discussed that this resolution expresses appreciation for the volunteer efforts of Brooklyn Center Target employees who volunteered in planting and transplanting bulbs, seeds, and plants, as well as wedding flower gardens and wood chipping garden paths at the Eugene Hagel Arboretum. RESOLUTION NO. 2001-91 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING APPRECIATION FOR THE VOLUNTEER EFFORTS OF TARGET EMPLOYEES AT THE EUGENE HAGEL ARBORETUM 06/25/01 -9- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. loc. UPDATE ON STATUS OF HIGHWAY 100 Mr. McCauley updated the Council that the City of Robbinsdale had approved a frontage road plan and that the issue this evening is concurrence in principle to detach property from Brooklyn Center and attach to Robbinsdale where the ramp/bridge structure would be located. The schedule for the main project would be constructed in 2003. The France Avenue /Azelia construction would be in 2002. On the Azelia extension, SEH has completed the wetland delineation and is finishing preliminary design and construction limits and it is anticipated that the completion of this will be in a few weeks. The plans will then go to the PCA and DNR for approvals. There is no reason to believe that there should any reason that approvals would not be obtained. Council discussed the land swap options and it was the consensus of the Council to move forward with the land swap for the frontage road. Mr. McCauley discussed the petition that was received by residents regarding the request for an Environmental Assessment Worksheet. The Environmental Quality Board will review the request and refer to the responsible agency, which is anticipated to be the City or Mn/DOT, and then the responsible agency will review the petition. Mr. McCauley informed Council that the implications of the draft PCA report on dioxins in the west area of Joslyn. As indicated in the PCA e -mail that was received, the dioxins do not affect the delisted site where the Real Estate Recycling has its project. The dioxins in the area are around 900 feet from the proposed extension of Azelia with Wickes situated between the road and the west area. Mr. McCauley discussed that the City would not undertake environmental liability if Azelia is extended and that at this stage in the development would wait for the Environmental Quality Board to review the petition received and the approvals to come back from the PCA and DNR. Mayor Kragness asked what timeline the Council could expect. Mr. McCauley informed the Council that the approval from the PCA would be received early to late fall. 10d. 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) 06/25/01 - -10 DRAFT i I Mr. McCauley discussed that this resolution would authorize the City Manager 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, 2000. RESOLUTION NO. 2001-92 Councilmember Nelson introduced the following resolution and moved its adoption: 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) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 10e. 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 ITEM WAS TABLED FROM THE JUNE 11, 2001, MEETING. Mr. McCauley discussed that the Council at its June 11, 2001, meeting tabled this item and that the Council is being asked this evening to consider approval of this application. The Planning Commission reviewed the application and recommended approval subject to 15 conditions. Real Estate Recycling has complied with all of the rules and regulations that are applicable to a site plan. Councilmember Lasman made a motion to move the application. Mayor Kragness indicated that there was a request for public comments and opened the meeting for public input. Paul Oman, 5239 East Twin Lake Boulevard, addressed the Council to discuss reasons why he believes this would not be in the best interest for the residents and they are the following: serious pollutes, blind railroad crossing, safety regarding alternative and emergency accesses, wetland issues, convenience matter, trees along 50' Avenue, salt running into the wetland, and the wasteful use of fuel. 40 06/25/01 -11- DRAFT Mayor Kragness reminded Mr. Oman that this application is to approve a building, not a roadway. Mr. Oman was aware of this and indicated that he believes they are related to the Highway 100 project. Mr. Oman indicated that in all of the reasons above there was no money issues discussed and requested that the Council get access as to how the cost was arrived for the option chosen previously by the Council because he believes that not everything was considered for the option that should have been considered. Bob Hill, 4701East Twin Lake Boulevard, addressed the Council to discuss the option that was chosen for the Highway 100 project and questioned the outcome with the City of Robbinsdale's portion of the project. Mr. Hill discussed his concern with the current plan for Phase Three of the Joslyn development regarding the new report issued by the PCA and his discussions at the Planning Commission meeting regarding the 100 -year flood plain issues. He believes that this is a serious concern and the Council needs to look into further before approving Phase Three. Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council to discuss that she has gone through the Council minutes over the past year and it was indicated that Phase Three approval would not take place before the roadway was finalized. She indicated that the Council might want to consider this before approving Phase Three so that the Council is not held responsible and face a lawsuit and a lot of unnecessary expense. She believes that the taxpayers of Brooklyn Center cannot take that expense. Ms. Niesen discussed a letter and provided a copy to the Council from the Minnesota Department of Health regarding the recommendation to refrain people from entering the west area of the development. Ms. Niesen wanted to state for the record that she is for this development and is looking forward for the tax dollars that will come with the development. She is trying to work as a team with the City and asked the Council to consider tabling this application. Mayor Kragness asked the City Attorney to discuss the rights and what the legal requirements are for approval of this application. City Attorney Charlie LeFevere informed the Council that they have limited, if any, discretion and reason for denying the application since the rules and regulations have been complied with. When the Council acts in its capacity as a regulator reviewing zoning issues, the Council in effect is going through a checklist to see whether or not the rules that the Council had adopted have been complied with. The Planning Commission went through the process of reviewing the application and is provided to the Council with a recommendation to approve or disapprove the application. 06/25/01 - DRAFT Is -12 RA i The only issue before the Council this evening is whether or not the rules have been complied with s and the recommendation and deliberations of the Planning Commission would indicate that in fact all of those rules and regulations have been complied with. Councilmember Nelson requested Mac Hyde, Real Estate Recycling, to address the Council and questioned his past as a City Attorney in the City of Brooklyn Center and asked Mr. Hyde if he had any compassion for the concerned residents of the City. Councilmember Nelson indicated that he is aware of the concerns for tax purposes, financing, and market issues regarding the project but questions why he would like to proceed with the development when there is such a concern with the residents of Brooklyn Center and if Mr. Hyde would be willing to waive the 60 -day rule. Mr. Hyde indicated that he was the City Attorney for Brooklyn Center in 1963, 1964, and 1965 and learned a lot during those years dealing with a lot of environmental issues. Mr. Hyde continued the discussion of his past and informed the Council that he lead the first redevelopment under the new Land Recycling Law that was adopted and shared the outcome of what he learned from that law. Mr. Hyde stated that in his experience of almost 30 some years he is more intimately involved with these laws than most people in the Country. Mr. Hyde is absolutely convinced that what they are doing with the development is as protective as any project could be managed in this Country. He has an enormous amount of confidence that the rules that have been applied, the restrictive covenant that has been required to be filed and is filed continuing the PCA jurisdiction on management of this property in perpetuity, and the requirement that Joslyn continue to be obligated under the consent order that was issued in May of 1985. Councilmember Nelson agreed that Mr. Hyde has done well in the development of the property and that it is very important that the City have that property redeveloped. Councilmember Nelson questioned who made the decision to route the State Aid road through the development. Mr. Hyde responded that their only view of the roadway access was since they were developing the entire parcel that the roadway be designed in a fashion that would make the greatest use of the parcel. Mr. Hyde wanted to inform the Council that the stormwater runoff plan had been submitted to the watershed district for approval and they have approved it. This all occurred after the Planning Commission action unanimously recommending approval of the site plan. Councilmember Nelson again asked Mr. Hyde if he would consider waiving the 60 -day rule. Mr. Hyde responded that they would not. There is nothing that he is aware in any regulatory scheme that could be done to be more protective than what has been done. Councilmember Ricker questioned the liability of the environmental effect of putting the road through the development, the possibility of tenants developing cancer, and if the City would be liable if they approved such a plan. Mr. LeFevere discussed that the City would rarely be liable for approving such an application as this. • 06/25/01 -13- DRAFT Councilmember Peppe discussed that he realizes that this will probably come back before the Council and wanted to make sure that Mn/DOT would be responsible for providing an alternative roadway if the proposed roadway is not viable. Mr. McCauley discussed if the current roadway plan is not viable then the City would be back to the drawing board with Mn/DOT. Councilmember Peppe stated that it would be best to continue to look at these alternatives and to work out with Mn/DOT should this arise. Ms. Niesen addressed the Council to discuss that as a taxpayer she is not sure that the Council has heard her concerns and wanted to discuss again how important it was that the Council consider holding off on approving Phase Three. She questioned why she has not heard from the developer that they will not hold the City responsible if the roadway is not approved. Councilmember Peppe requested to have Mr. Hyde address the Council to answer if the proposed roadway is not approved and a different roadway is selected and does not interfere or infringe on the development, if it would be a problem. Mr. Hyde responded no, as long as the access to the property for the employees, customers, and truck traffic, is not adversely affected. Councilmember Nelson questioned if there had been any leases signed and if the tenants are made aware of the proposed reconstruction in the area. Mr. Hyde informed the Council that they furnish anyone who is negotiating a lease with a large amount of materials that includes everything that the Council has seen and everything that has to do with the status of the property ownership and regulatory approvals. Councilmember Lasman made a motion under the direction of the City Attorney's expertise and after the discussion of the developer Mr. Hyde to support adopting Planning Commission Application No. 2001 -012 subject to the 15 conditions recommended by the Planning Commission which are followed after this motion. Councilmember Peppe seconded the motion. Voting in favor was Mayor Kragness, Councilmembers Lasman, Peppe, and Ricker. Councilmember Nelson abstained and discussed the reason being is that he voted against approving the roadway through the Joslyn development and therefore cannot concur, but does want the project under Planning Commission Application No. 2001 -01 to move forward. Motion passed. 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. 06/25/01 - • i -14 DRAFT 4. Any outside trash disposal facilities and rooftop and on ground mechanical S 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. 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. 06/25/01 -15- DRAFT i 10E REPORT ON POLICE STAFFING 0 Mr. McCauley reported on the recent staffing change from 8.5 -hour days to 12 -hour days. The 12- hour shifts start at 6:00 a.m. and at 6:00 p.m. with a full complement of officers and the following coverage is provided: 5 Officers 6:00 a.m. to 9:30 a.m 7 Officers 9:30 a.m. to 4:00 p.m. 9 Officers 4:00 p.m. to 6:00 p.m. 7 Officers 6:00 p.m. to 4:00 a.m. 5 Officers 4:00 a.m. to 6:00 a.m. Mr. McCauley discussed that the change to 12 -hour shifts has been well accepted and that there have been comments from residents who have observed the increased number of squad cars on p atrol. The 12 -hour shifts will be evaluated in the future to review the outcome of working 12 hour shifts. At this time the officers support the 12 -hour shifts and have made the adjustment to the longer work day. 11. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 9:00 p.m. Motion passed unanimously. City Clerk Mayor i 06/25/01 -16- DRAFT City Council Agenda Item No. 6b OX City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum Deputy City Clerk p Y Y DATE: July 3, 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 July 9, 2001. AMUSEMENT DEVICES Americinn Motel and Suites 2050 Freeway Boulevard Chuckwagon Grill 5720 Morgan Avenue North Comfort Inn 1600 James Circle North Davanni's Pizza 5937 Summit Drive Ground Round 2545 County Road 10 Hilton Hotel 2200 Freeway Boulevard Holiday Inn 1501 Freeway Boulevard Regal Cinemas, Inc. 6420 Camden Avenue North GARBAGE HAULERS Ace Solid Waste, Inc. 6601 McKinley Street NW, Ramsey Armor Roll -Off Service 3291 Terminal Drive, Eagan BFI Waste Systems 8661 Rendova Street, Circle Pines Darling International, Inc. 9000382 d Avenue, Blue Earth Randy's Sanitation, Inc. P.O. Box 169, Delano T & L Sanitation Service P.O. Box 49695, Blaine Walters Recycling & Refuse P.O. Box 67, Circle Pines MECHANICAL Construction Mechanical Services 1307 Sylvan Street, St. Paul Expert Sheet Metal, Inc. 30 West Main Street, Bethel RENTAL Renewal: 6854 West River Road David Wagtskj old 6845 Willow Lane David Wagtskj old 5601 Lyndale Ave N David Theisen Initial: 1510 69 Ave N , , , Brian Doyle 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 noyMN CEAr BROOKLYN CENTER ry POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: June 26, 2001 SUBJECT: Application for Authorization for an Exemption from Lawful Gambling License (Raffle) Proper Economic Resource Management On June 26, 2001, the Brooklyn Center Police Department received an Application for Authorization for an Exemption from Lawful Gambling License (Raffle) from the Proper Economic Resource Management. This application is for an event to be held at the Earle Brown Heritage Center on Saturday, February 23, 2002. This application has been approved and returned to the Proper Economic Resource Management representative who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. JD:kh Minnesota Lawful Gambling Page 1 of 2 8 /00 For Board use only LG220 - Application for Exempt Permit Fee - $25 Fee Paid Organization Information Check No. Organization name n�'' Previous lawful gambling exemption number �"C6Y1(1'�?1 i C �IJVi )''( I r IUi F1Gt�r` )b1r't� - �C , 1 4� F �- fi C. Street City r State /Zip Code qoun S-S 0 t�lk el. v (Y- Name of chief executive officer (CEO) Daytime hone number of CEO first name Last me yt p Name of treasurer Daytime phone number of First jT Last name treasurer: . Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran Other nonprofit'" organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization ® Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be c (for raffles, list the site where the drawing will take place) l'!C d'CGC r? /k rrliq_ t (rr_ li Address (do not use PO box) City StatelZip Code County In FrOC, k7(�q Y 14V 5 Y30 Date(s) of activity (for raffles, indicate the date of the drawing) r 4 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo Raffles ❑ *Paddlewheels [] ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members, staff of the alternative format (i.e. large print, Braille) name and address willpe public information Board whose work assignment requires upon request. The information requested when received by the hoard. All he other that they have access to the information; on this form (and any attachments) will be information that you provide will a private the Minnesota Department of Public Safety, used by the Gambling Control Board data about you until the Board is ues your the Minnesota Attorney General; the ( Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, all of the information that you have Administration, Finance, and Revenue; the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supply the information requested; however, applying for your permit will become public. international gambling regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal refuse to issue you a permit. If you supply private, with the exception of your name law to have access to the information; the information requested, the Board will and your organization's name and address individuals and agencies for which law or be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; and anyone with your consent. Page 2 of 2 Application for Exempt Permit - LG220 8/00 Organization Name Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. Ip( The city approves the application with no The county approves the application with no �l waiting period. waiting period. The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class permit after 30 days. city). The city denies the application. the county denies the application. Print name of cit✓y{�� a� BY'ocl�lyn C�+!' Print name of county 16 Tl wjoavi (Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title Date 1 / . Date_ /�$/ 1 TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the.township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application ' to a / t t the best of my knowledge. Chief executive officer's signature / r Name (please print) Pct -- oo ro � - � `� Date,_ Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota "). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not ® Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 Application for Exempt Permit - LG220, Information Sheet 8/00 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitutes one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standina - Nonprofit Articles Under a national organization of Incomoration OR If your organization falls under a national organization, Attach a copy of your organization's Certificate attach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a subordinate. Minnesota Secretary of State Business Services Division Not under a national organization 180 State Office Building If yoyr organization does not fall under a national organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651 - 296 -2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS P: . Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report • You will receive a financial report form and instructions with your permit. and recordkeeping . Complete and return the financial report form to the Board within 30 days of your date of required activity. • Your organization must keep its gambling records for 3 -1/2 years. is Questions? Call the Licensing Section of the Gambling Control Board -at 651- 639 -4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1- 800 -627 -3529 and ask to place a call to 651- 639 -4000. Or, check our Web site at www.gcb.state.mn.us. • City Council Agenda Item No. 6d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING RESOLUTION NO. 2000-227 SETTING SALARIES AND BENEFITS FOR THE CALENDAR YEAR 2001 WHEREAS, the City conducted a salary survey of the position of Fire Chief; and WHEREAS, the findings of the survey identified that the average maximum of the salary range for the position of Fire Chief was substantially lower than other cities surveyed; and WHEREAS, Resolution No. 2000 -227 set salaries and benefits for the calendar year 2001. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Resolution No. 2000 -227 be and hereby is amended to reflect the salary range of the position of Fire Chief to be $61,000 - $75,248. 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. • 2001 City Manager and Department Head pay p Ian Exempt from overtime not eligible for overtime ( 9 City Manager: Salary pursuant to $ 97,850 employment contract Assistant City Manager/HR Director $ 61,194 $ 75,574 Director of Fiscal &Support Services $ 72,000 $ 88,985 Director of Public Works $ 72,000 $ 88,985 Director of Community Development $ 61,194 $ 75,574 Community Activities, Recreation, $ 60,450 $ 74,655 &Services Director Fire Chief $ 61,000 $ 75,248 Rate shown is from 2000 pending settlement of a contract for 2001. Chief of Police $ 65,259 $ 80,594 Salary setting authority: The City Manager is authorized to set salaries within the established ranges. City Council Agenda Item No. 6e S MEMORANDUM DATE: July 3, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer ' f SUBJECT: Resolution Approving Final Plat, BROOKLYN 55 On March 26, 2001, the City Council approved the Preliminary Plat. The property owner, Brooklyn 55, LLC, has submitted an application for Final Plat. The purpose of this plat is to subdivide the parcel located at 5445 Xerxes Avenue North containing the old Toys R Us building into three contiguous lots. The final plat includes the dedication of an additional utility easement over existing City Utilities as requested at the time of the preliminary plat. The Plat of BROOKLYN 55 is recommended for final approval. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, BROOKLYN 55 WHEREAS, the City Council on March 26, 2001 approved the Preliminary Plat of BROOKLYN 55; and WHEREAS, Brooklyn 55, LLC has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for BROOKLYN 55 is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. 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. 1111 • •, ` - �.>�! �'C'!'r �� �� • it y t �� X111► .alp VIP No mm �: .ii ■� +� f G. � l' S 'x BROOKLYN 55 IR.T. DOC. NO. 5OOMI C r 5 4958' 00 - ' L -- -- -r- ;, ,,, �• \ \ _ ._-- � `^ - \ \,9 , � .,- ter' r ; � r;`• �;, m,� BLOCK 1� I 1 � \\,° w \ \ •� i `�``` t ag \ � >�. � al l I I 41 II 5 \4 °Sj.OpaE 241.0 °l din' 9 ^'" I9 3 ' J I ' Bhorhgh anon an MM plat on V7� ` p , h , o ,, ' based apon Mh hart us aI the i+^ I rte enM broa NMh and SouM. o 0° drn rya faar.aahaf "I mhaurahaf f—d ��?�` '-__ �•����T' � "� � aaaegh ara uwrryc e, o>a ana9a enu: (N9 Sa ) �° p Beh9 10 f r . ,h aw aeoHa ° bd ,.4 WESTWOOD $Cale r h Mf >kfrr - oFeaY fbre; unread oMerr/ m shoes en I" plat. ProASSknW S-f— w I City Council Agenda Item No. 6f ! ! MEMORANDUM DATE: July 3, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer f SUBJECT: Resolution Approving Final Plat, RIVERWOOD ESTATES On April 9, 2001, the City Council approved the Preliminary Plat. The property owner, Eagle Crest Northwest, Inc., has submitted an application for Final Plat. The purpose of this plat is to combine four parcels of land into 21 lots for a Planned Unit Development. In addition to filing the Final Plat the developer must close on the subject property, enter into a Subdivision Agreement, and receive approval on a grading and utility plans. The Plat of RIVERWOOD ESTATES is recommended for final approval. ® Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, RIVERWOOD ESTATES WHEREAS, the City Council on April 9, 2001 approved of the Preliminary Plat of Riverwood Estates; and WHEREAS, Eagle Crest Northwest, Inc. has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for RIVERWOOD ESTATES is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. 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. mom • 1111 ; 3 Aims � ©Iii Imom gong .. ri U ■r ri, 11 - • ,i►11/ /1 11N� '' • i1��1 • 11 X1111 i r■� 1110 ♦ . • 1�� /1 /1�i► 111 .. 1 �� 111■ • - , „ � ' M1r ��� ,y � '� r • � '�� ?��'ti`�� Y�>�� � ,�`�C� ��' , , � � ' .� r ��,/*� � "�tr,`z 1 ' � j�' F'�� �Y.+. �t �t" isY�'r?��k • � . ° ��i -c�hah �, - �� � , t` + - .a `a �� � yp^5 ': ^''� � ������� t' �fi�"r� �`v'3 - y f� L��'r�Yihi"t� �•,� =�fz�� r-� `%�? rr L ,�c�7g t�s n�-� -� {f $� �Y ��� 4 4�'� . ! �� F � n 'r r..: • ��� ��{ K F ���� ,� 3 µ��, V' ?;��''�'k'3c;,� c� 1�i� �*� ;�•. -. �€i�Ftl'�.� }: �,�, u ,}vay . -h,(,. �a' .. �:v'}, r' �t�,ts,,: x.✓�� tt�� L' i` '�h f r-,t;l G. , Z.f' '�i �-' `'..v+�c �� S 1 �.,, .4� s, "� ,� +S". ( a - ' �.t.V'r'a' � +'.Yl��!. 3 .E�ui,- �G4��;� ��L 5 �'E'y�'�",t � 4, �,' i '+ '' y ��+F 'k w.�, � r5� '�Y •! , •3001 W.1•sed hsM1•.Nn•I 3«NCM. Nc D.II N Rain b.— MOW'F 99PHPI STATE, PA ML T•N my A— 331- .s.-0002 IIM Td im 1 -1100- 232 -IIN DEKIOPRFNT DATA SR. A,.s x211.1153 M. Ze Prge..d P.U.D. Toll D.t.Na1 TO•Mwm• Lob 21 Reed RI.AI-•x -Rey t - 1.. s - 1. xx.M ..L WI ..d P.U.D. !latch. (mNimun.j ROW - W Mz a S.ta..N 50 R. n 'n - x.mt Ya. SanM 25 It 12 . 3 - SW. Id a.—& (C—I, IM Ie d .•Q 20 K 04 1 _-._1 f ' - SW. Y >. S.— (NI— Let) S' -�-\ r - M« r«. SNSac• b••iw et ]0 « ]Ofl L•1 DMtn « y . -' - eaw Yr. s.1•wA (Rwr fail G.•1« N 110' v aDR L•1 Dw1A / 1 x' 10 ` \\ t � 1 q G 7 ` 1 t i / _ •rfecA3. Lor 8 t R a L�yC.0 t 1 � Lot x.nie« 30• xr \ \ ���� r - -- 4 T \ p• r - �4 \ 1 1 _ -- —= 3 — `I \\ - i - -^ 2 B ARN IN H�1114.1 - ? ---- -- AYE y Ag4iW d L o su Iar I SIY NOT FOR CONSTRUCTION ._,,..,.,..«e»....• Y DR• 2/UM ... : a e Riverwood I P W stwood �� rof slona SeMces, Inc. I =�== •� Eagle Crest Northwest, Inc Estates Pre$minary sit Plan )SH M r. er IY� 1.. sm..y.ar SO•P...r 311.0 11).+tH. vr, se.r. City Council Agenda Item No. 6g MEMORANDUM DATE: July 3, 2001 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- CITY OF BROOKLYN CENTER CENTRAL PARK WEST 20,21 ROBERT ELLEDGE 6840 HUMBOLDT AVE N 22 ROSS & PATRICIA SWANSON 5937 VINCENT AVE N 23 HENNEPIN COUNTY PARKS NORTH MISSISSIPPI REGIONAL PARK 24 TERESA GOWDA 2706 63 AVE N 25 MICHELLE & STEVEN KOENIGSFELD 5443 LOGAN AVE N 26 JERILYN BORTH 5448 GIRARD AVE N 27 LAURIE HAYDEN 6700 GRIMES AVE N 28 SOONTAREE UBEL 6701 FRANCE AVE N 29 JOHN WRIGHT JR 1219 73 AVE N 30 KENNETH & GLORIA BRAY 6800 SCOTT AVE N 31 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. RESOLUTION NO. Date Mayor I ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a • There are no materials for this item. i City Council Agenda Item No. 7b There are no materials for this item. S City Council Agenda Item No. 8a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of June 2001 at 7:00 Yg P 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: , , Lane's Brooklyn Center- Addition 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 9th day of July 2001. Mayor ATTEST: City Clerk Date of Publication: July 18, 2001 Effective Date: August 17, 2001 (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8b MEMORANDUM DATE: July 3, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: An Ordinance Vacating Certain Utility Easements in E & H PROPERTIES FIRST ADDITION and FARR'S FIRST ADDITION On March 9, 2001 the City Council approved the Preliminary Plat for RIVERWOOD ESTATES. Along with the platting, for the Eagle Crest Development, it is necessary to vacate the interior drainage and utility easements shown on the attached plat drawing. Consistant with the City Charter, the second reading for an ordinance vacating certain portions of drainage and utility easements for E & H PROPERTIES FIRST ADDITION and FARR' S FIRST ADDITION, is presented. This item is presented this evening for second reading and public hearing. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of July, at 7:00 Y g P g y Y> > p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance vacating a public drainage and utility easement. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN E & H PROPERTIES FIRST ADDITION, AND FARR'S FIRST ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The drainage and utility easements contained on Lot 1 and Lot 2, E AND H PROPERTIES ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota are hereby vacated. Section 2. The drainage and utility easement contained on Lot 1, Block 2, • FARR'S FIRST ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota are hereby vacated. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8c MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: July 3, 2001 SUBJECT: An Ordinance Authorizing the Conveyance of a Portion of Lots 8 and 9, Block 1, Lane's Brooklyn Center Addition, According to the Recorded Plat Thereof, Hennepin County, Minnesota The Development Agreement between the Economic Development Authority (EDA) and RonSam LLC provides for the sale of the development property at 69 and Brooklyn Boulevard to be sold to RonSam LLC by the EDA. Two of the 17 parcels being assembled for this development are owned by the City rather than the EDA. The two former lots are 4208 and 4212 69"' Avenue North, and were acquired by the City as part of the 69 Avenue Street Redevelopment Project. A portion of the two lots are now part of the greenspace /right -of -way along 69 Avenue North. The ® north 97.19 feet of each lot would be needed for the neighborhood commercial development and is not part of the greenspace /right -of -way. The attached map shows the location of the lots and the area to be conveyed to the EDA. The City Charter requires the sale of real property by the City must be accomplished by ordinance. The ordinance included with this memorandum provides for the conveyance to the EDA of the north 97.19 feet of lots 8 and 9, block 1, Lane's Brooklyn Center Addition, according to the recorded plat thereof, Hennepin County, Minnesota. The EDA will in turn convey this property as part of the development site to RonSam LLC. The City Council approved An Ordinance Authorizing the Conveyance of a Portion of Lots 8 and 9, Block 1, Lane's Brooklyn Center Addition, According to the Recorded Plat Thereof, Hennepin County, Minnesota for a first reading on June 11, 2001. The ordinance was published in the City's official newspaper on June 20, 2001 and is offered for a second reading. 1068.25 SB9 2618"E 1098.25 70TH AVE I� m i 75 75 130 150 150 30 30 6945 6944 69451 I co �I (52) 51 (1) I '► 17 LANE'S �� ,50 i 65 1 ) 6935 ,50 6937 1 N 18 '� �n 2 m 6938 , 1 a (53) r (53) r- I 13 2 2 { m (2) co 130 I (50) I 4307 I 150 130 ire 6927 { 3 Lo 2 (54) ; X12 69293 75 , i z (49) ( 0D 1 z >s I CENTER A,PN 150 '� 1 : > > Q* 4 > 6918 6921 Q 10``,` s (55) Q 11 W 4 °�° (60) 155.75 i °° (48) (4) i W 150 100 1 z > s m Iz { 4 5° 6915 Q ( 6 912 !9 5 ;9 9 i m (47) m (5) z s 8 67.3 ! - 150 150 (59) { 75 \ 75 75 i 7 I ' VA (57) (57) 1 � 7 6 (7) (6) N2653'1 E I 75 75 75 R9�4 30 30, i DOC NO 3329612 W 0 35360 I m �.: 6+9� AVE N (FOwv�� DOCNO3303648 \ -- 258.57 - - - �C NO 3278517 �� OT 8-2 -2000 6649 `�� 4 AUD SUBD 1 I s i. �`a Bgg6 4215 ( 6 ) PART OF LOT 3N i N MOBIL , EAST 253.03 _ \ \ (1 � ($) 245.03 N88 2634"W \ CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9"' day of July, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Providing for the Conveyance of a Portion of Lots 8 and 9, Block 1, Lane's Brooklyn Center Addition, According to the Recorded Plat Thereof, Hennepin County, Minnesota. 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 AUTHORIZING THE CONVEYANCE OF A PORTION OF LOTS 8 AND 9, BLOCK 1, LANE'S BROOKLYN CENTER ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: I. BACKGROUND 1.1 The City is the owner of certain real property in the City of Brooklyn Center legally described as Lots 8 and 9, Block 1, Lane's Brooklyn Center Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 1.2 The City Council has determined that it is in the best interest of the City to convey a portion of said property legally described as: The North 97.19 feet of Lots 8 and 9 Block 1, Lane's Brooklyn Center Addition, according to the recorded plat thereof, Hennepin County, Minnesota (hereinafter referred to as the "Property) to the Economic Development Authority in and for the City of Brooklyn Center (EDA). II. SALE OF PROPERTY 2.1 The Mayor and City Manager are authorized and directed to execute all documents and take all steps necessary to effect the conveyance of the Property. III. EFFECTIVE DATE 3.1 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: City Council Agenda Item No. 9a MEMO To: Michael J. McCauley, City Manager From: Ronald A. // 11 -��tJ Warren, Planning and Zoning Spe alis� Subject: City Council Consideration Item - Planning Commission Application No. 2001- 015 Date: July 3, 2001 On the July 9, 2001 City Council Agenda is Planning Commission Application No. 2001 -015 submitted by Renee Stoddard requesting Special Use Permit approval to operate a go -cart track and entertainment center at the old K -Mart site, 5930 Earle Brown Drive Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -015 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their June 28, 2001 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 6 -15 -01 City Council Action Should Be Taken By 8 -14 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -015 Applicant: Renee Stoddard Location: 5930 Earle Brown Drive Request: Special Use Permit The applicant, Renee Stoddard co -owner of Thunder Alley Indoor Speedway, Inc., is seeking special use permit approval to operate an indoor go -cart track and entertainment center in the old K -Mart space at 5930 Earle Brown Drive. Uses comprehended under this application include one or possibly two go -cart tracks, an arcade with video games, a concession area where food and beverages will be sold, an area for laser tag and a pro shop where various merchandise will be offered for sale. The property in question is zoned C -2 (Commerce) and is bounded on the north by Earle Brown Drive and the Davanni's Pizza property; on the east by Summit Drive with the Park Nicollet Clinic on the opposite side of the street; on the south by T. H. 100 right of way; and on the west by John Martin Drive. The proposed use is classified as a "recreation and amusement place" such as motion picture theaters and legitimate theaters, sports arenas, bowling alleys, skating rinks and gymnasiums as listed in Section 35 -322, Subdivision 3d of the Zoning Ordinance. Such a use is listed as a special use in the C -2 zoning district and is allowed provided it does not abut an R -1, R -2 or R -3 zoning district including abutment at a street line. No such abutment exists in this area. RACKGR n j,jj!M The Commission may recall that Mr. Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc. approached the City last fall about the possibility of locating this proposed use in the I -1 (Industrial Park) zoning district. He requested the City to amend the zoning ordinance to allow a "recreation and amusement place" use in that zoning district. The City concluded such an amendment was not warranted and that there was no compelling reason to add such a use classification in the I -1 zoning district as long as this use was an acknowledged use in the C -2 zone. Mr. Baxter was advised to seek a location within the C -2 zone to pursue his plans for his go -cart track and entertainment center. The applicants have signed a letter of intent with K -Mart to sublease the old K -Mart space for their go -cart operation and are seeking approval of a special use permit in order to occupy this site. Most changes to the site will be internal and relate to the occupancy of the building for the intended uses. The Building Official has met with the applicant's architect to discuss building S 6 -28 -01 Page 1 classification issues and modifications to the building, which will be required for the proposed occupancy. Matters of concern that will need to be addressed prior to the issuance of a building permit include proper air handling/exchange equipment for building ventilation given the gasoline powered go -carts being operated inside the building; necessary exiting from the site; separation requirements for various uses; possible fire sprinkler modifications due to the building changes; and safety and noise concerns. The sale of food within the building will require the applicants to obtain a food - handling license from Hennepin County. The operation of amusement devices such as video and arcade games are regulated and licensed by the City of Brooklyn Center. The applicants have submitted a copy of the original site plan for this building showing the location of the building, parking and access to the site. These things will remain unchanged. They have also submitted a floor plan for when the building was used as a K -Mart store and a new floor plan indicating how they propose to modify and use the building for this recreation and amusement use. They have provided written comments regarding their proposal and how they believe they will meet the standards for special use permits contained in the zoning ordinance and also a listing of proposed landscape additions to the site in order to meet the landscape point system used for evaluating landscape plans. (All of these items are attached for the Commission's review.) The site is 11.88 acres in area and requires 715.2 landscape points. The applicants will be submitting a landscape inventory indicating existing plantings and their points. They have provided a landscape proposal that will add 109 points to the site by providing eight Black Hills or Colorado Spruce to be installed at the eastern or southern perimeters of the parking lot adjacent to Summit Drive and Highway 100 in gaps between existing trees; eight Spring Snow Flowering Crab, three of which will be installed on either side of the Summit Drive entrance and two will be installed in gaps between existing trees along Earle Brown Drive; Eight Pink Spire Flowering Crab are proposed, four of which will be installed in the area off the northeast side of the parking lot by Davanni's Pizza and four will be installed on the west side of the Earle Brown Drive entrance; eight Japanese Tree Lilac will be installed in eight empty curb bordered areas within the parking lot; and 50 Dwarf Burning Bush are to be installed in ten separate curb bordered areas closest to the building. A recommendation regarding the adequacy of the proposed landscaping will be made upon the submission of the above mentioned landscape analysis. SPECIAL TISE PERMIT gTANDARDS This proposal is required to meet the special use permit standards contained in Section 35 -220 of the Zoning Ordinance. These standards require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion S 6 -28 -01 Page 2 on the public streets; and conform with applicable regulations of the district in which it is located. The applicants have provided a letter highlighting their proposal and explaining how they believe it will meet the standards for special use permits. They note their goal is to bring fun and entertainment to Brooklyn Center in the way of a large corporate /family entertainment center that will be beneficial to local retailers as well as families. They do not believe their use, or any aspect of it, will be detrimental to the city or the surrounding area. They point out their opinion that this facility will increase tourists to the area and increase the volume of customers to the hotels /motels located in and around Brooklyn Center. They note they will take all safety precautions necessary in order to eliminate any safety and health issues by adding additional safety equipment relating to the go -carts and to the ventilation of the building. It is not their intent to be detrimental in any way to surrounding businesses such as Slumberland and they make reference to the noise studies they have submitted showing generated noise which should not impact the Slumberland operation. They point out that they believe they will be beneficial to surrounding businesses and not having a negative impact on property values in the area. They believe the upgrading, such as the landscaping they are proposing, will enhance the site. They also believe they will have a positive impact and will maintain the appearance of the building and site and note that currently the business is the target of vandalism and is being used as a dumping ground for various items projecting a negative image upon the community. They also point out that they have over 665 parking spaces on the site and do not see any problems related to traffic flow or parking in the future. They conclude by noting that they will follow all City, County and State building and health codes and will maintain a facility that is community and family oriented. We question some of the claims made by the applicant particularly with respect to the potential tourist impact, but other claims such as noise levels, seem to be realistic based on the information presented. Parking should be more than adequate for the given activity levels and access to the site is also good. The applicants will be required to meet all building code requirements relating to safety, ventilation and occupancy of the building. All in all, this appears to be a good reuse of a large vacant space within the city. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RRC'nMEMNT) A TTnN This application appears to be in order and we would recommend approval subject to the following conditions: 1. The special use permit is granted for the operation of a "recreation and amusement place" involving a go -cart operation, an arcade with video games, a concession area with food and beverages, a laser tag operation, a pro shop where various merchandise will be offered for sale and other related activity areas. Any change in this use not 6 -28 -01 Page 3 comprehended by this application or permitted under the zoning ordinance will require approval of a amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 3. All plans relating to the remodeling and occupancy of the building are subject to the review and approval of the Building Official prior to the issuance of building permits and a certificate of occupancy for the building. 4. There shall be no service, repair or maintenance of go -carts or operation of go -carts out of doors. Said activity shall be conducted wholly within the building. 5. 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 landscape improvements. 6. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 7. Food sales and concession areas are subject to licensing by Hennepin County. 8. All video and arcade games are subject to licensing and regulations established by the City of Brooklyn Center. 9. Approval of this special use permit does not comprehend any signs. All signery is subject to the provisions of Chapter 34 of the City Ordinances. 10. No banners, pennants, streamers, balloons, or other attention attracting devices may be used in conjunction with this activity other than what is authorized under administrative permits comprehended under the City's Zoning Ordinance. 6 -28 -01 Page 4 WTm N� 3AV S xr- Z AVE N I I I I — r .. o N g �--u-u -I - z _ X 70 WP tF18URN AVE N. P Y 4 D VENT AVE. N. V WO-NAME N�l Y , To ° N. �, _ #RoWN �6 fi .. d {{ I TOR. g � AVE. N. � I I I� .0am AVE N. V e� r 11 � JAMES AVE. N. 1 11 4 N M = N �a AVE. N. > D A g - I � � \: �•• SARI£ RONYN OR.� r . D vE. N 4 1 k 1 JAMES AVE N. '\ J N �iq s9WVt I � I 1 1 1 AVE. N. > UNI AVE ! H Fm OIAM GI AVE N. GIRARD AVE. N ;�J �, `T7 t:REMONtAYE.�� It I �, I�1 t 1 t t =M.T ,, I I I I ► I ► ► III ►� .,.1 .. , , ►l _ CAMMUDGE Commercial Realty Commercial Brokerage • Leasing • Tenant Representation • Consulting June 19, 2001 To Whom It May Concern: This letter is in regards to the sublease between Kmart and Thunder Alley. Kmart has received a signed Letter of Intent from Thunder Alley. Thunder Alley has received a draft copy of the lease and it is currently under review by both ( Kmart and Thunder Alley) parties. We anticipate to have the lease signed within the next two weeks. If you have any further questions, please do not liesitate to contact us. Sincerely, v� Roger C. Lenahan Principal Cambridge Commercial Realty CC: Renee Stoddard Brooklyn Center File • 4530 W. 77th Street • Suite 250 • Edina, MN 55435 • (952) 933 -0042 - FAX (952) 835 -3117 ��- . - � ... -. .: ; r �-'- :'• - .: .. - e -. ?"r: sett ,,: .' . . _ '• J f . . 11 .7i +hL' IcMI1LV ` II.9 -TI SGI R... JjAH N ')A A ;VT'I N DFt y :•t'... I. ..c •.r�'•. ..•;'. ::..,� =: l3sa"7�'nmea ~� aX+3 ._ 4+�. . . .., i. s -, .L • _yam i "- •i .. :' 'i..l•, , 1• ' -,. . i� ..t - /4_ + • "�,." � .. -� (•,r(„- '�e. 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[ 'FAA (�RAPaN Gd'Nr +� J I s i 4 ! c A y Y m � Vii• ' •� � V i y e A A , i 7 it' , I wk P1tOJEGT+ DATE+ SP6E O W Lt y P20.2 o eel 3 a PRAWN 5A 1 J (i2aol� [ yn/ GEn/�/L � Mn/ � , TI7LEa DRAWING NO.: Luken Architecture, P.A. 322 First Avenue N. • Suite .3 °b Minneapolis, MN 55401 • (612) 630 -0074 SpyG� �; Sri! rrrro.✓ PGt��/ G� . ......... Y , - i w u q 7J [7114 C6.kQDEN E �E;T_ IL + + + + r7 D b !!tt CENTER 10 �-ffih?,T S ARE,\. + + + LIT ARTI + =VV Imv LI FLOOR PLAN 30�7 VLYN C ENTLP MINNI - �*- .,.....L...- ......•...L � -- -----'- .. _....._._ ._ -__. ....>^ _ _--- - - - - eau, KRESGE dGg'CO NOW FLOOK P LAN June 12, 2001 City of Brooklyn Center Brooklyn Center, MN 55430 Re: Special Use Permit for Thunder Alley Indoor Speedway Dear City Members, This letter contains information on Thunder Alley Indoor Speedway. Our goal is to bring fun & entertainment to Brooklyn Center in the way of a large corporate /family entertainment center. The center will include go- karts, arcade, laser tag, NASCAR proshop and concession. We feel that we will be able to supply something for everyone across the board from variety of ages. We feel this will be beneficial to local retailers as well as families. We have traveled to many of the indoor go -kart tracks in the United States and found them to be an exciting place to bring your family and friends. We have not found any issues we would consider to be a detriment to the city or surrounding area. The businesses offered families a place to go and spend time together as a family unit with activities inclusive for a wide variety of ages. Answers to the questions pertaining to "Standards for Special Use Permits" (a) The corporate functions will bring key individuals from a variety of large corporations across the United States. Visiting our entertainment facility will offer them a chance to see and spend time in this city that they may not have had reason to otherwise visit. Our belief is that it will increase the tourists to this area and increase the volume of customers to the hotels /motels located in and around the city. (b) We feel that we have taken all safety precautions necessary in order to eliminate any safety and health issues which may arise by adding additional safety equipment pertaining to the karts, ventilation and sensors in the building. As our goal is focusing on families and community thus it is not our intent to be detrimentalinany way. We do not feel that we will have a negative impact upon the surrounding business Slumberland is the only tenant in the immediate proximity to the "old" Kmart building. Sound studies done by previous tracks in the United States (please see the studies included) have shown the noise generated by the karts 74 decipals at 7 meters, 68 decipals at 10 meters etc. note that 65 decipals is equal to conversation and 82 decipals is comparable to listening to an orchestra. Unsafe levels start at 90 decipals. We are well below these limits. We feel that not only will we NOT be injurious to other properties in the area but beneficial by brining in new customers for surrounding businesses. We will not have a negative impact on property values in the neighborhood as we will be upgrading this property site with additional landscaping, etc. There is a considerable number of mature tress now but with the additional tress and shrubs we will enhance the appearance of the site. • (c) We will have no negative impact on the development and improvements of surrounding area. We will be a positive impact as we will be a business that will maintain a neat and respectable appearance. Currently the building is a target of vandalism. It is deteriorating and is being used As a dumping ground for such items as air conditioners, refrigerators and other debri. as it stands today it is projecting a negative image upon the community. (d) The building site has multiple accessibility from 3 out of four sides. The parking for the site is contains over 665 spaces. We do not see and problems in relation to traffic flow or parking now or in the future. (e) We will follow all city, county, state building and health codes for any alterations and construction done to the above - mentioned site. We have spent a year researching all aspects of this project and believe that we have covered all possible areas, which may be of concern. We will be in compliance with all city, county and state ordinances and maintain a facility that community and family oriented. Thank you in advance for taking the time to review this material. Sam Baxter / Renee Stoddard Owners Thunder Alley Indoor Speedway, Inc. ._. ., ... _•. _ . ..._ � .� ... ... ._• �.. � .C.��:,c.!1. 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'S 6 F :.,. .. r . _ ,,�',. .,A��E...` .. jry ,.- - + ^,f' - - :• -'i. , rnmtY; Rs 'r :5` <.>m•�b>r7 � �'y I ifn 1 c b o _ �..<... ��. :..:w� .- r;:�:i t:'�siaiL�'z'•,`L� _ _ _ r +c..:�y- "at'- :u�:.•s- w%: � :jM•t' �.'.i.i „ }, �_:, i...'K,�; `r • gi p..,,. � n .,-.. ., / y, .... n.... ixL+.+ ici ;W:.',dtia2'.:_„ui.i:.,i _.,....x ... - :i.� - - - -,) �;.,4y�s',�,',.g, , ART y I At t " n�.vpw uulr8^s..;.f @.... tie.:,;.. s7�•' +w..y„i`1" 2 0 v JV 0 5 60 /0 ao a SVV 110 �' :1 T,m City of Brooklyn Center Special Use Permits - Section 35 -220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met- a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. In all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. In any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. City of Brooklyn Center Landscape Point System Landscape Plantings will be provided on the site based on the point system indicated below: P g P P Y Planting Type Minimum Size Points/Planting Max. % of Points Shade trees (Deciduous, Maple, Linden, Ash, Oak, 2 %" diameter 10 50 Locust, etc) Coniferous Trees (Pine, Spruce, Cedar) 5' height 6 40 Decorative Trees Russian Olives Radiant Crab 1" diameter 1.5 35 Canada Red Cherry, etc) Shrubs (Dogwood, Spirea, Mockorange, Juniper, 1 12" diameter .5 25 Arborvitae, etc) Points Required Per Acre The following schedule will be used to determine the required number of points for a given site. The schedule is cumulative so that the first two acres of any site will require points on the basis of the column headed "0 -2' ; the next eight acres will be computed on the basis of the column headed "2-10" and, area over ten acres will be computed on the basis of the column headed "10 + " . Land Area of Site in Acres Type of Development 0 -2 2 -10 10+ (Office 100 80 60 Restaurant/ Retail/Service /EntertainmentlHotels 80 60 40 Light Industrial 75 60 50 Heavy Industrial 60 50 40 Office/Industrial (Over 25% office) 90 70 50 Multi - Family Residential 90 75 60 Ex A am Ies :::;:: .......::.: Six acre office site T acres @100 p1 :; 4`acres (air '$0 = 520 you fs Fifteen acre seta l xO aurant= 2 acres,;@ SO plus $acres @ 6Q plus 5 acres a�7 4� :.840 points. 2. The above point system in no way substitutes for the screening and buffer requirements set forth in the Zoning Ordinance. Plantings used for screening purposes will be accorded points, but fulfilling the point requirements will not obviate the requirements for screening. 3. Mature existing trees will be accorded points on the basis of the above point schedule. A bonus equal up to the full value of a given planting may be granted by the Commission for the preservation of large existing plantings. 4. All green areas on a site will be sodded except in areas where viable turf exists and is totally undisturbed by construction. The burden will be on the developer to prove at the time of a site inspection that such viable turf, in fact, exists and has been properly maintained. 5. All greenstrips adjacent to an interior property line will be a minimum of 5 ft. in width except in cases where special buffer provisions apply. Landscape Point System 3 -01 ARMSTRONG LANDSCAPE SERVICES LANDSCAPING BID PROPOSAL FOR: THUNDER ALLEY 8 -5' Black Hills or Colorado Spruce Spruce will be installed at the eastern and southern perimeters of parking lot adjacent to Summit Drive and Highway 100 in gaps between existing trees. 8- 1.5" Spring Snow Flowering Crab Flowering Crabs will be installed at the Summit Drive entrance, 3 on each side.2 will be installed off Commerce Drive in gap between existing trees. 8 -1.5" Pink Spire Flowering Crab 4 Pink Flowering Crabs will be installed in area off northeast side of parking lot, between existing trees off Commerce Drive entrance and Davanni's Pizza. (See Picture) 4 Pink Flowering Crabs will be installed on west side of Commerce Drive entrance. 8 -1.5" Japanese Tree Lilac Tree Lilacs will be installed in 8 empty curb bordered areas within parking lot. 50 -24" Dwarf Burning Bush urning Bush will be installed in 10 separate curb bordered areas closest to building entrance. 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 28, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, , Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Sean Rahn was absent and excused. APPROVAL OF MINUTES — JUNE 14, 2001 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to approve the minutes of the June 14, 2001 meeting as amended to show a change on Page 4. The motion passed, with Chair Willson abstaining. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2001 -015 — R_EN_ RF STODDARD OF THUNDER ALLEY INDOOR SPEEDWAY. INC Chair Willson introduced Application No. 2001 -015, a request from Ms. Renee Stoddard of Thunder Alley Indoor Speedway, Inc. submitted for a special use permit to operate an indoor go -cart track and entertainment center in the old K -Mart space at 5930 Earle Brown Drive. Ms. Renee Stoddard was represented by Mr. Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 6 -14 -01 for Application No. 2001 -015 attached.) He advised the property in question is zoned C -2 (Commerce) and reviewed the neighboring property uses. Mr. Warren reminded the Commission that Mr. Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc. requested last fall that the City amend the zoning ordinance to allow a "recreation and amusement place" use in the I -1 (Industrial Park) zoning district. The City concluded such an amendment was not warranted since this use was an acknowledged use in the C -2 (Commerce) zone. Mr. Baxter was advised to seek a location within the C -2 zone for the go -cart and entertainment center. 6 -28 -01 1 Mr. Warren reviewed the applicant's intent to sublease the old K -Mart space and added most changes to the site will be internal. The Building Official has met with the applicant's architect to discuss necessary modifications to the building including proper air handling /exchange equipment, separation requirements, fire sprinkler modifications and safety and noise concerns. Mr. Warren further described the interior layout of the building pointing out where various activities are proposed to be located including the location of the track and safety issues. The site is 11.88 acres in area and requires 715.2 landscape points. A landscape analysis is to be provided by the applicant prior to the approval of building permits. Mr. Warren further clarified the landscape requirements for the site, which will be verified on the landscape analysis. He recommended the addition of a Condition No. 11 stating, " The applicant shall submit a landscape analysis of the site indicating that the proposed 109 additional landscape points are sufficient to meet the landscape point system prior to the issuance of building permits." Commissioner Reem inquired about the fencing along John Martin Drive. Mr. Warren indicated a screened fence is required. The previous owner was sent a compliance order to make repairs to the fence. No further screening was required by K -Mart. Commissioner Reem asked about gas storage on the site. Mr. Warren responded that it will have to be stored in an approved area based on the building and fire code requirements. Mr. Warren added that Commissioner Rahn was unable to attend the meeting and he had talked to him regarding the applicant's request. Commissioner Rahn had concerns with maintenance of the building and the parking lot. Mr. Warren responded that he felt the property was acceptable and added if new trash disposal facilities are built outside the current screened area, additional screening would be required. Screening would also be required for any additional rooftop or on ground mechanical units. Commissioner Rahn felt that approval was appropriate. Mr. Warren discussed the applicant's response to the special use permit standards. They believe their proposed use will be beneficial to the community and surrounding businesses. Mr. Warren recommended approval of Application 2001 -015, subject to the addition of Condition No. 11. PUBLIC HEARING - APPLICATION NO. 2001-015 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the public hearing on Application No. 2001 -015, at 8:04 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Sam Baxter, co -owner of Thunder Alley Indoor Speedway, Inc., addressed some of the questions raised by the Commission members. He responded that the gasoline would be stored 60 ft. away from the building in an enclosed area according to the fire code. The area formerly occupied by the K -Mart garden center will be an enclosed meeting room with a possible court yard area. He added drivers must be over 16 years of age to drive go carts. Drivers must have a parent if they are under 18 and they must be a legally licensed driver. If necessary, private security will be provided inside the building and in the parking lot. Ventilation will be added to the building. There will be an 6 -28 -01 2 arcade, restaurant, etc. He pointed out a site in Atlanta often draws people to the hotels in the area and Mr. Baxter feels that will be the case here. Hours of operation will be 12 pm to 11 pm weekdays and 12 pm to 1 am on the weekends. He added the site will have two tracks that will allow for public use and private parties. They will also offer a training course for the younger people (under 16). Commissioner Whitehead asked about speed limits on the track. Mr. Baxter responded that they can shut down the cars if they are being driven recklessly. Drivers must wear helmets and seatbelts. Commissioner Newman asked about further description and clarification of how the track is operated and how maintenance is handled. Mr. Baxter showed a "card" that is used by customers to show they are eligible to drive the cars and proves they have signed a waiver. Commissioner Whitehead asked about he possibility of serving liquor at the site. Mr. Baxter responded that is not being considered at this time. Mr. Warren added that a request for a liquor license would be reviewed by the City Council as part of a liquor license application. The Commissioners were in agreement that the consumption of liquor and the driving of go -carts was not a good mix. Commissioner Reem inquired about the location for repairs to the go -carts. Mr. Warren indicated that the area occupied by K -Mart's automotive center is the area that the applicant plans to use for repairs and fueling for the go -carts. He adds the area would have to be separated from the rest of the building by a rated fire wall meeting the building and fire code requirements. The applicant has • indicated no plans for use of the garden center at this time. Chair Willson made reference to comments by the applicant, Mr. Sam Baxter, from the November 30, 2000, Planning Commission meeting relating to a request to amend the zoning ordinance regarding I -1 uses. He summarized the applicant's comments regarding his inability to lease a space such as the K -Mart site and stated that it was ironic that adult uses could go into the industrial zone and not his proposed entertainment use. Chair Willson asked Mr. Baxter what had changed his views regarding his statements made that the city has lost Target and K -Mart and would lose again by not allowing this use. He also asked about his comments about needing deep pockets in order to locate in the commercial zone as well as stating that the city must expand its horizons and provide entertainment in the city or businesses would go other places. He also pointed out that Mr. Baxter had indicated that K -Mart's ceilings were too low to provide proper ventilation and he felt his proposal would keep the kids from hanging out in the malls. Mr. Baxter responded that those comments were made prior to talking to K -Mart about leasing the site. He feels security won't bean issue since kids will have something to do rather than just hang out. If there is a problem, the police will be called and security will be hired. He adds the contractor says lower ceilings actually provide better ventilation since there is less air volume to move. K -mart has offered them a good deal for cost and is one which they can afford. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -015. 6 -28 -01 3 CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2001 -015 at 8:28 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAT, OF APPLICATION NO. 2001 -015 — RENEE STODDARD OF THUNDER ALLEY INDOOR SPEEDWAY, INC. There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 2001 -015, submitted by Renee Stoddard of Thunder Alley Indoor Speedway, Inc. for a special use permit to operate an indoor go -cart track and entertainment center in the old K -Mart space at 5930 Earle Brown Drive, subject to the following conditions: 1. The special use permit is granted for the operation of a "recreation and amusement place" involving a go -cart operation, an arcade with video games, a concession area with food and beverages, a laser tag operation, a pro shop where various merchandise will be offered for sale and other related activity areas. Any change in this use not comprehended by this application or permitted under the zoning ordinance will require approval of a amendment to this special use permit. 2. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 3. All plans relating to the remodeling and occupancy of the building are subject to the review and approval of the Building Official prior to the issuance of building permits and a certificate of occupancy for the building. 4. There shall be no service, repair or maintenance of go -carts or operation of go -carts out of doors. Said activity shall be conducted wholly within the building. 5. 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 landscape improvements. 6. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 7. Food sales and concession areas are subject to licensing by Hennepin County. 8. All video and rca a de ames are subject to licensing and regulations established b the g J g g Y City of Brooklyn Center. 6 -28 -01 4 9. Approval of this special use permit does not comprehend any signs. All signery is subject to the provisions of Chapter 34 of the City Ordinances. 10. No banners pennants, streamers balloons or other attention attracting devices may ,p � � g Y be displayed outside in conjunction with this activity other than what is authorized under administrative permits comprehended under the City's Zoning Ordinance. 11. The applicants shall submit a landscape analysis of the site prior to the issuance of building permits indicating that the proposed 109 additional landscape points are sufficient to meet the landscape point system. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its July 9, 2001 meeting. The applicant must be present. Maj or changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Planning Commission Secretary Ron Warren advised the Commission that as of this date, no applications have been submitted for the July 12, 2001, meeting. If there are none received by Friday, June 29, 2001, the meeting will likely be cancelled. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adj ourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:32 p.m. Chair Recorded and transcribed by: Rebecca Crass 6 -28 -01 5 City Council Agenda Item No. 10a PROC DECLARING JULY 15 THROUGH 21, 2001, TO BE COMMUNITY ACTIVITIES, RECREATION AND SERVICES WEEK WHEREAS, community activities, recreation and services provided in our community by the Community Activities, Recreation and Services Department are an integral part of our citizens' everyday lives; and WHEREAS, the Community Activities, Recreation and Services Department provides for the maintenance and custodial functions for City -owned buildings, development and implementation of organized recreational activities, operation of the Community Center and swimming pool, and management of Centerbroolz Golf Course; and WHEREAS, parrs, recreation activities, and leisure experiences provide opportunities for people to live, grow, and develop into contributing members of society and experience a sense of community through fun recreational pursuits; and WHEREAS, parks, playgrounds, nature trails, well- maintained government buildings, including Centerbroolz Golf Course and Community Center, mare our community attractive and a desirable place to live, work, play, and visit to contribute to our ongoing economic vitality; and WHEREAS, the knowledge, shills, and abilities of the government buildings staff promotes the health, safety, and comfort of this community by providing necessary grooming and maintenance of our government buildings; and WHEREAS, the dedicated service and commitment of parrs and recreation staff touch the lives of individuals, families, groups, and the entire community which positively impacts upon the social, economic, health, and environmental quality of our community; and WHEREAS, it is highly appropriate that the services provided b the community activities, recreation and services staff be recognized and expressed. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim the week of July 15 through 21, 2001, to be Community Activities, Recreation and Services Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that parks and recreation and government buildings staff maize every day to our health, safety, comfort, and quality of life. Date Mayor ATTEST: City Clerk City Council Agenda Item No. lOb Office of the City Clerk City of Brooklyn Center 40 A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk ��Uh� r l (� DATE: July 3, 2001 SUBJECT: Mayoral Appointment to Housing Commission Housing Commission (one vacancy) The Housing Commission is composed of a chairperson and eight members. On May 31, 2001, Martin Frawley resigned from the Housing Commission, thereby creating a vacancy with a term expiration of December 31, 2003. Notice of vacancy on the Housing Commission was published in the Brooklyn Center Sun -Post on May 16, 2001. Notice was posted at City Hall and Community Center and aired on Cable Channel 16 from May 10 through June 15, 2001. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only are copies of the applications received: Valerie Forsch 6306 Howe Lane North Kris Lawrence - Anderson 5213 Eleanor Lane A letter was sent to the applicants notifying them that their application for appointment would be considered at the July 9, 2001, City Council meeting. Other attachments include: 1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 2) Memorandum from Mayor Kragness indicating her nomination. 3) Housing Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establishing Housing Commission duties and responsibilities. Recommended Council Action: . Motion by Council to ratify the Housing Commission nomination by Mayor Kragness with term expiring December 31, 2003. , . . 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 Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES.DOC Office of the Mayor Or City of Brooklyn Center A Millennium Community MEMORANDUM TO: Councilmember Kay Lasman Councilmember Ed Nelson Councilmember Bob Peppe Councilmember Tim Ricker FROM: Myrna Kragness, Mayor �' vo_� DATE: July 3, 2001 SUBJECT: Housing Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Kris Lawrence - Anderson, 5213 Eleanor Lane, to the Housing Commission with term expiring December 31, 2003. 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 Ci ty Y of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Current Members July 3, 2001 Neighborhood `1rsM Current Members iu nnwnnninnnnnni me onniinn�rn Southeast Northeast Kathleen Carmody 7024 Knox Avenue North Lloyd Deuel 1606 72nd Avenue North Northwest Elizabeth Davis 6936 France Avenue North Ernie Erickson 6800 Drew Avenue North Shawn Taylor 3955 69th Avenue North West Central Valerie Forsch Dennis Snook 5306 Howe Lane North 5836 Halifax Avenue North Kris Lawrence - Anderson Michael VonDelinde 5213 Eleanor Lane 5312 Boulder Lane Central Mark Yelich 6018 Beard Avenue North Southwest f CITY OF BROOKLYN CENTER COMMISSION BYLAWS Adopted: June 22, 1987 Amended: March 27, 1995 Pursuant to the following resolutions relating to and providing for the establishment, appointment, organization, and responsibilities of the Brooklyn Center Financial, Housing, Human Rights and Resources, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these bylaws and rules for the conduct of their affairs. COMMISSION RESOLUTIONS Financial 91 -115, 92 -99, 92 -168, 95 -78, 98 -13, 99 -110 Housing 73 -140, 75 -97, 77 -22, 87 -131, 92 -136, 95 -79, 98 -13 Human Rights and Resources 68 -44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135, 93 -76, 95 -80, 98 -13 Park and Recreation 73 -25, 77 -52, 87 -133, 92 -137, 95 -81, 98 -13 Planning 87 -87, 87 -134, 92 -134, 95 -82, Ordinance 35- 201 Article I. Officers Section 1. Personnel The officers shall consist of a Chairperson and Vice - Chairperson. Section 2. Duties The Chairperson shall preside at all meetings and shall appoint Ad Hoc Committee members and Ad Hoc Committee Chairpersons. The Vice - Chairperson shall be appointed annually by the Chairperson and shall perform such duties as may be assigned by the Chairperson, and shall assume the Chair in the absence of the Chairperson. Article II. Meetings The Commission shall hold regular meetings. Special meetings may be called at any time by the Chairperson upon sufficient notification to all Commission members. Article III. Quorum A quorum shall consist of a majority of the members of the Commission. Article IV. Attendance Three consecutive unexcused absences from duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. Article V. Minutes Minutes of each regular meeting, in writing, shall be provided to each Commission member prior to the commencement of the succeeding regular meeting. Article VI. Ad Hoc Committees Section 1. Structure The Commission may create Ad Hoc Committees to investigate those areas where problems relative to the Commission's purpose are recognized. Section 2. Membership Each Ad Hoc Committee shall have a Chairperson, who shall provide regular interim reports on the progress of the Ad Hoc Committee. A final report to the Commission must be submitted. Article VII. General Provisions No member of the Commission or its Committees shall be authorized to speak on behalf of the Commission publicly, unless the Commission has first considered and approved such statements. Article VIII. Parliamentary Authority Robert's Rules of Order Newly Revised shall be the governing authority for all meetings of the Commission and for its committees. Article IX. Amendments These bylaws may be amended by a four -fifths vote of the City Council. RESOLUTION NO. 73 -140 RESOLUTION NO. 75 -97 RESOLUTION NO. 77 -22 RESOLUTION NO. 87 -131 RESOLUTION NO. 92 -136 RESOLUTION NO. 95 -79 RESOLUTION NO. 98 -13 RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the housing situation in Brooklyn Center has reached a point in its development which requires a concentrated effort in the development of housing standards to protect the quality of life in the community; and WHEREAS, Brooklyn Center shows the beginning of some housing deterioration and it is a common fact that deterioration can quickly reach a point where repair is no longer feasible and deterioration will then spread to the entire neighborhood causing blight; and WHEREAS, for a housing program to be successful, it must involve citizen participation to tailor the program to the citizens of Brooklyn Center; and • WHEREAS, the City of Brooklyn Center being a progressive community, must commit itself to the maintenance of quality housing for its citizens. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council that there is hereby established within the City of Brooklyn Center an advisory Housing Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Housing Commission. Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to housing. Subdivision 3. PURPOSE: The general purpose of this Commission shall be to afford citizen input in the development of a housing program to supplement the activities of the City Council. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: 1 . Advise, investigate and review relevant matters for the City Council. 2. Develop an overall plan for housing in line with the comprehensive plan for Brooklyn Center and the needs of the metropolitan area. 3. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding housing matters. 4. Work closely with the Planning Commission and all other commissions on matters regarding housing. 5. Work with the neighborhood advisory committees of the Planning Commission to understand the housing needs of each area of Brooklyn Center. 6. Develop and recommend standards for occupancy and maintenance of housing for the community. 7. Study the feasibility of establishing an occupancy permit program in conjunction with a housing maintenance code in Brooklyn Center. 8. Investigate new and innovative concepts in housing for the community. 9. Develop and recommend programs which will provide quality housing for low and moderate income citizens. 10. Develop and recommend a rehabilitation program as needed for existing housing in Brooklyn Center, especially for major maintenance and energy modernization projects. 11. Understand the financial resources available to the citizens in Brooklyn Center as it relates to housing. 12. Investigate all housing programs in terms of life safety. 13. Provide education seminars for the citizens of Brooklyn Center in matters of housing. 14. Serve as the initial review and advisory body for the Board of Appeals regarding contested compliance orders pursuant to the Housing Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203. -2- 15. Assist the Planning Commission in reviewing and discussing a redevelopment policy for the City of Brooklyn Center, and make recommendations to the City Council with regard to redevelopment in the City. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and eight (8) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF OFFICE — REMOVAL: Chairperson: The Chairperson shall be elected by majority vote of the Housing Commission membership. The election shall be conducted at the Housing Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Housing Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Housing Commission membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Commission; 2. Appear or appoint a representative to appear, as necessary, before City advisory commissions and the City Council to present the viewpoint of the Commission in matters pertaining to housing, as it relates to business under consideration by said commissions or City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Housing Commission of matters relevant to housing; 4. Provide liaison with other governmental and voluntary organizations on matters relevant to housing. Vice Chairperson: A Vice Chairperson shall be appointed annually by the Chairperson from the members of the Commission. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the Chairperson. Members' Term of Office: Members of the Commission shall be appointed b the PP Y Mayor with majority consent of the Council. The terms of office shall be staggered Y J tY gg three -year terms, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall -3- be appointed only for the remainder of such term. Upon expiration of his or her term of office, a member shall continue to serve until his or her successor is appointed and shall have qualified. Terms of office for members of the Commission shall expire on December 31 of respective calendar years. In the event an appointed Commissioner suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Commission, the Commissioner may be temporarily replaced during the temporary leave by an interim Commissioner appointed by the Mayor with majority consent of the City Council. Oualifications for Membership: Members of the Commission shall be residents of the City of Brooklyn Center while serving on the Commission, shall have been residents of said City for at least one year prior to their appointment, and shall represent a broad range of interest in the housing function. Representation Requirements: Due regard shall be given by the Mayor and City Council in appointing Commission members which will take into consideration geographical distribution within the City, as described in Subdivision 11, and the representative nature of the Commission in terms of gender, religion, ethnic, racial, age, handicapped, employee, and employer groups. Conflict of Interest: No Commissioner shall take part in the consideration of any matter wherein he or she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his or her interest might reasonably be expected to affect his or her impartiality. Initial Appointment: The Commission under this resolution shall become effective September 1, 1973, and shall consist of three members appointed for a term through December 1974, three members appointed for a term through December 1975, and three members appointed for a term through December 1976. Resignations— Removal from Office— Vacancies: Commissioners may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive unexcused absences from the duly called Commission meetings or unexcused absences from a majority of duly called Commission meetings within one calendar year shall constitute automatic resignation from office. The City Council liaison shall inform the Mayor and City Council of suc h automatic resignations. Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; -4- 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. Compensation: Commissioners shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Commission shall be convened at the call of the Chairperson during October 1973. Thereafter, regular meetings shall be held with date and time to be determined by the Commission. Special meetings may be called by the Chairperson. Subdivision 9. STAFF: The City Manager shall assign one member of the administrative staff to serve as staff to the Commission. The staff member assigned shall perform such clerical and research duties on behalf of the commission as may be assigned by the Chairperson or the City Manager. Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her Councilperson- appointee shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council. -5- ® Subdivision 11. NEIGHBORHOODS: NeiLyhborhoods Described: Southeast Neighborhood: The Southeast neighborhood shall be bordered on the south by the south city limits; on the east by the Mississippi River; on the north by FAI -94; and on the west by Shingle Creek. Northeast Neighborhood: The Northeast neighborhood shall be bordered on the south by FAI -94; on the east by the Mississippi River; on the north by the north city limits; and on the west by Shingle Creek. Northwest Neighborhood: The Northwest neighborhood shall be bordered on the south by FAI -94; on the east by Shingle Creek; on the north by the north city limits; and on the west by the west city limits. West Central Neighborhood: The West Central neighborhood shall be bordered on the south by County Road 10; on the east by Brooklyn Boulevard; on the north by FAI -94; and on the west by the west city limits. Central Neighborhood: The Central neighborhood shall be bordered on the south by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on the west by Brooklyn Boulevard. Southwest Neighborhood: The Southwest neighborhood shall be bordered on the south by the south city limits; on the east by Shingle Creek; on the north by County Road 10; and on the west by the west city limits. Neighborhood Advisory Committees: Commissioners shall be assigned by the Chairperson as liaison to neighborhood advisory committees of the Planning Commission. It will then be a responsibility of each neighborhood advisory committee of the Planning Commission to review housing matters and present the neighborhood attitudes and opinions on general and specific housing programs directly affecting that neighborhood. -6- Q. AX IP- PPPWMN ■ Pill"�� !r f ■ ��`�Si�ll��� ''i City Council Agenda Item No. lOc nQ N CEHr� BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Chief Joel Downer FROM: Sgt Frank J Roth` DATE: 06 -28 -01 SUBJECT: Summer Sweep All initial inspection have been completed, except for an area from Indiana Av to Xerxes from 694 to 63rd Av (road construction). This would put us within the expected time of completion date of June 30, 2001. Re- inspects have begun and should continue through the summer. The majority of re- inspects will be completed by July 20, 2001. You will find attachments that show the number of violations, first letters sent, second letters sent and citations issued. As in the past, the most common violation is unlicensed/ inoperable vehicles and accumulation of rubbish, brush and debris. I have attached a copy of the memorandum I received from NLO Hansen and two other documents in regards to the summer sweep. If you have any questions or concerns please feel free to contact me at your convenience. p�ORIYN CEN7 BROOKLYN CENTER � POLICE DEPARTMENT rouce MEMORANDUM TO: Sgt. Frank Roth FROM: Deb Hanssen, Neighborhood Liaison DATE: June 28, 2001 SUBJECT: Summer Sweep Update Here are the following results for the Summer Sweep from May 14 through June 28, 2001: SECTI 1 - So utheast Quadrant The entire area has been inspected and re- inspected. Second letters have been sent and the "contact" phase has begun for those homeowners not in compliance. Three homeowners have received citations, and one apartment complex has been referred to Bill Clelland. SECTION 2 - Northeast Quadrant This section was inspected after the Northwest quadrant. Re- inspections are now beginning for this area. SECT IO N1 - No rthwest Quadran t Still unable to inspect the area between Indiana Ave to Xerxes Ave and from 694 to 63rd due to construction, re- inpections are approximately 50% finished. SECTION 4 - Southwest Quadrant The inspections for this entire region are completed and all initial letters have been sent. The first round of re- inspections began 06 -27 -01 for properties south of 50th Ave to the Robbinsdale border, and those surrounding Happy Hollow Park east of Highway 100. Conclusion *Phase one was completed on or around June 21, 2001. *Phase two, first round of re- inspections, is anticipated to conclude on or around the week of July 16 - July 20, 2001. *The long grass complaints have declined since the last update. *The highest percentage of phone calls disputing the ordinance letters have come from the Northwest quadrant; it should be noted that this area has the highest number of ordinance violations pertaining to unlicensed/inoperable vehicles and junk, debris and rubbish on the properties. *To date, two more homeowners have requested information from the Housing Resource Center. *It has been requested by several homeowners that the City of Brooklyn Center sponsor a "dump day" for junk, tires and old appliances. Report Name: Violation Summa i n Summa Totals Page: 1 V olatio Summary Print Date:06 /28/2001 City of Brooklyn Center 0 Violation Date Range: 20010514 through 20010628 Number of Violations by Twe Garbage Storage/Removal 16 Screening of Dumpsters (Commercial) 17 Parts/Engines & Related Items 7 Accum. of Rubbish/Brush/Debris 194 Accum. of Junk/Furniture /Appli 118 Storage of Commercial Vehicles 3 Illegal Parking /Storage Vehicles 94 Unlicensed /Inoperable Vehicles 219 Yard Maintenance (Seed & Sod) 29 Proper Addressing 40 Limitations on Animals 1 Fences 13 Accessory Buildings 6 Windows /Doors /Screens 26 Stairs /Porches/Decks 3 Driving/Parking Area Repairs 28 e Foundations/Ext Walls/Roofs 85 Miscellaneous (60 Days) 3 Miscellaneous (30 Days) 2 Total Number of Violations: 904 Report Name: Action Summary Action Summary Totals Page: I Print Date:06 /28/2001 (Letters, Citations and Formal Complaints) Report Action Date Range: 20010514through 20010628 Letters 1 St Letter 611 2nd Letter 101 Citations and Formal Complaints Citation or Formal Complaint: 8