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HomeMy WebLinkAbout2001 08-27 CCP Regular Session r AGENDA CITY COUNCIL STUDY SESSION August 27, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Council Member Peppe: Future of Old Jerry's Site 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community To: Mayor Kragness and C cil Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: August 23, 2001 Re: Jerry's New Market Site Council Member Peppe wanted to have this item placed on the study session agenda to discuss future uses for the site in light of a potential thrift store and interest in senior housing. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 i CITY COUNCIL MEETING Public Copy City of Brooklyn Center August 27, 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. August 6, 2001 - Joint Worksession with Financial Commission 2. August 13, 2001 - Study Session 3. August 13, 2001 - Regular Session b. Approval of Renewal Application for a Minnesota Lawful Gambling License (Pull Tab Booth at Earle Brown Bowl) from the Lions Brooklyn Center Club C. Licenses d. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees CITY COUNCIL AGENDA -2- August 27, 2001 e. Resolution Approving Settlement Agreement Between City of Brooklyn Center and Hanson Pipe and Products, Inc. (Spancrete) and Authorizing Final Payment f. Proclamation Declaring October 21 Through 27, 2001, as World Population Awareness Week 7. Report from Financial Commission Chair Donn Escher Regarding Street Light Utility and Changes to Investment Policy Recommendations S. 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 continue to September 10, 2001, meeting. b. Consideration of Private Kennel License Application Submitted by Michael Videen, 6215 Brooklyn Drive, to Keep Three Dogs *Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to render a final decision for a private kennel license to keep three dogs. 9. Planning Commission Items a. Planning Commission Application No. 2001 -016 Submitted by Herbert A. Margolis. Request for Preliminary Plat approval to combine and divide 13.957 acres of land located east of Brooklyn Boulevard between I -94 and 69'' Avenue North into two lots. The Planning Commission recommended approval of this application at its August 16, 2001, meeting. • Requested Council Action: - Motion to approve Planning Commission Application No. 2001 -016 subject to the conditions recommended by the Planning Commission. CITY COUNCIL AGENDA -3- August 27, 2001 b. Planning Commission Application No. 2001 -017 Submitted by Herbert A. Margolis. Request for a Special Use Permit and Site and Building Plan approval for an 11,000 sq. ft. addition to the Brookdale Dodge automobile dealership at 6800 Brooklyn Boulevard. The Planning Commission recommended approval ofthis application at its August 16, 2001, meeting. -Requested Council Action: - Motion to approve Planning Commission ApplicationNo. 2001 -017 subject to the conditions recommended by the Planning Commission. C. Planning Commission Application No. 2001 -018 Submitted by L & D Contracting. Request for a Special Use Permit and Site and Building Plan approval to enlarge the convenience store and expand the car wash at Hark's Mobil Station, 6501 Humboldt Avenue North. The Planning Commission recommended approval of this application at its August 16, 2001, meeting. • Requested Council Action: - Motion to approve Planning Commission Application No. 2001 -018 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Proclamation Declaring September 16 Through 22, 2001, To Be Fiscal and Support Services Week *Requested Council Action: - Motion to adopt proclamation. b. Resolution Authorizing the City Manager and Staff To Enter Into a Feasibility Study with the Brooklyn Center Stadium Committee for the Development of a Community Stadium in Brooklyn Center, Minnesota to be Leased by the Minnesota Twins -Requested Council Action: - Motion to adopt resolution. C. An Ordinance Amending Chapter 1 of the City Ordinances Deleting Language Referencing Dog Licensing *Requested Council Action: - Motion to approve first reading and set second reading and public hearing for September 24, 2001. d. Mayoral Appointment to Park and Recreation Commission -Requested Council Action: - Motion to ratify Mayoral nomination. CITY COUNCIL AGENDA 4- August 27, 2001 e. Staff Report Re: Grant Application for Enhancements in the Brookdale Area • Requested Council Action: -None, report only. f. Approval of Joint and Cooperative Agreement with Anoka- Hennepin Narcotics and Violent Crimes Task Force • Requested Council Action: - Motion to approve agreement. g. Resolution of Intent to Proceed with Land Exchange with Independent School District No. 286 • Requested Council Action: - Motion to adopt resolution. h. Cancellation of September 4, 2001, Worksession • Requested Council Action: - Motion to cancel September 4, 2001, Worksession. i. Discussion of Special Assessment Policy Application to Commercial Property Used for Single - Family Residential Occupancy • Requested Council Action: - Council discussion and direction for policy. 11. Adjournment City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION AUGUST 13, 2001 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also Present: City Manager Michael J. McCauley and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Michael McCauley requested deletion of agenda item 6i, Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2000 -01, 02, and 03, Contract 2000 -B, Garden City Central Street, Storm Drainage, and Utility Improvements. Council discussed agenda item 6h, Approval of Report and Resolutions Regarding Early Ordering and Purchase of 2002 Equipment and requested information regarding the choice of Crown Victoria squad cars and funding for these vehicles. Mr. McCauley discussed the routine replacement for the vehicles and that the vehicles are purchased through a State contract. Councilmember Lasman raised a question regarding agenda item 6f, Resolution Providing for Hearing on Proposed Special Assessments for Delinquent Public Utility Service Accounts, and if not turning the water off would be the reason for more delinquent accounts. Mr. McCauley responded that he did not believe so and discussed the policy amendment has saved money and staff time. Council discussed the outcome of agenda item 8b, Resolution Reaffirming Commitment to the Shingle Creek Watershed Management Commission and agenda item 7b, Ordinance Prohibiting the Feeding of Deer. Councilmember Lasman questioned the response from the resident that telephoned her regarding the ordinance and the possibility of amending the language in the ordinance. Mr. McCauley distributed information prepared by Public Works Director Diane Spector regarding the resident's inquiry and discussed the different types of feeding for wild animals. is 08/13/01 -1- DRAFT I Councilmember Peppe questioned agenda item 81, Resolution Regarding Civic Center Remodeling. Mr. McCauley discussed the proposed plans and funding and informed the Council that he will be outlining the project at the meeting with some overheads so that residents can see what will be included in this remodel. Councilmember Nelson stated that he believes that it would be beneficial to inform the residents that the City has stayed within the parameters discussed during the police and fire bond referendum that cash would be used for this project rather than use bonds. MISCELLANEOUS Council discussed National Night Out and the Brooklyn Boulevard project. I ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the study session at 6:49 p.m. Motion passed unanimously. The City Council re- opened the study session and had further discussion regarding the Brooklyn Boulevard project. Councilmember Lasman requested an update on the project and accidents that have occurred since the construction started. I A motion by Councilmember Lasman, seconded by Councilmember Ricker to close the study session at 6:51 p.m. Motion passed unanimously. City Clerk Mayor I 08/13/01 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 13, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The City Council met in 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, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. Marlene Woods, 5900 Upton Avenue North, addressed the Council regarding a tree in her backyard that is lying across Shingle Creek. Ms. Woods had contacted the City a week ago and was questioning why no one had been out to look at the tree. City Manager Michael McCauley informed Ms. Woods that he would have staff check into the tree. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:50 p.m. Motion passed unanimously. 2. INVOCATION Rev. Sarah Lawrence - Wieben, Prison Fellowship Ministries, offered the invocation. 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. ® 08/13/01 -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, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Peppe reported that he attended National Night Out on August 7, 2001, and the Financial Commission meeting on August 9, 2001. He shared that the Financial Commission is working on an ordinance regarding a street light utility and a revised investment policy and that these issues will come before the City Council in the future. Councilmember Ricker reported that he attended an ARM meeting on August 9,200 1, and that Todd Paulson educated the participants on the Smart Growth process. He reported on the City Council's Retreat that was on August 11, 2001, and shared that he is looking forward to 2002. Councilmember Lasman reported that she attended the Shingle Creek Watershed meeting on August 1, 2001, and the Brooklyn Center High School Theatre "Dam Yankees!" Musical Comedy on August 4, 2001. She discussed that the musical had uali workmanship and that she enjoyed the q tY p performance. Councilmember Nelson reported that he attended the Earle Brown Board of Directors meeting on July 31, 2001, and that the Board of Directors are looking for input for next year's festival. On August 1, 2001, he attended the AMM meeting and the Second Generation Watershed Plan meeting. Councilmember Nelson discussed his participation in National Night Out on August 7, 2001, and comprehensive assessments regarding third and fifth graders. He commended the Brooklyn Center educators and encourages the help for the upcoming school year. Mayor Kragness reported that on August 4, 2001, she attended the Brooklyn Center High School Theatre "Dam Yankees!" and a meeting on August 12, 2001, with the Corps of Engineers regarding flood litigation. She discussed that she hopes the Brooklyn Center High School Theatre will be performing again next year and that she really enjoyed their performance. Councilmember Nelson stated that he believes it would be beneficial to encourage residents to participate in the Smart Growth meeting on August 20, 2001, at the Earle Brown Heritage Center from 7:00 p.m. to 9:00 p.m. 08/13/01 -2- DRAFT a 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Nelson, with the deletion of agenda item 6i, Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 2000 -01, 02, and 03, Contract 2000 -13, Garden City Central Street, Storm Drainage, and Utility Improvements, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the minutes from the July 23, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES Brookdale 1108 Brookdale Center Chi -Chi's 2101 Freeway Boulevard MECHANICAL Anderson Heating & A/C 4347 Central Avenue NE, Columbia Heights Fireplace Gallery 1803 South Ferry Street, Anoka McDowall Company P. O. Box 1244, St. Cloud R & S Heating & A/C 12600 Creek View Avenue South, Savage RENTAL Renewal: 5444 Bryant Ave N Ralph Johnson 5639 Girard Ave N Helene Ebhardt 5701 James Ave N Svetlana Tsurkan 5523 Lyndale Ave N Brett Hildreth 6012 Zenith Ave N Hearthstone Properties SIGN HANGER Electric Light Sign Company 926 Dale Street, St. Paul Fish & Labean Signs, Inc. 3320 Winpark Drive, Crystal TAXICAB Thomas Omad 6836 Fremont Place North 08/13/01 -3- DRAFT 6c. APPROVAL OF SITE PERFORMANCE RELEASE/REDUCTIONS FOR THE FOLLOWING: - BROOKDALE CHRYSLER PLYMOUTH (6121 BROOKLYN BOULEVARD) -DR. DUDLEY'S PET CARE EXPANSION (4900 FRANCE AVENUE SOUTH) -MOTEL 6 (2741 FREEWAY BOULEVARD) - BROOKPARK DENTAL (6437 BROOKLYN BOULEVARD) A motion by Councilmember Nelson, seconded by Councilmember Lasman to approve the above listed for performance release /reductions. Motion passed unanimously. 6d. PROCLAMATION DECLARING OCTOBER 14, 2001, TO BE HONOR -OUR- POLICE SUNDAY A motion by Councilmember Nelson, seconded by Councilmember Lasman to adopt Proclamation Declaring October 14, 2001, to be Honor -Our- Police Sunday. Motion passed unanimously. 6e. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 -A, GARDEN CITY NORTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS RESOLUTION NO. 2001 -100 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 -A, GARDEN CITY NORTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS RESOLUTION NO. 2001 -101 Councilmember Nelson introduced the following resolution and moved its adoption: 08/13/01 -4- DRAFT RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6g. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2001-102 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6h. APPROVAL OF REPORT AND RESOLUTIONS REGARDING EARLY ORDERING AND PURCHASE OF 2002 EQUIPMENT - RESOLUTION AMENDING THE 2001 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE TRACKLESS SIDEWALK PLOW - RESOLUTION AMENDING THE 2001 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE SINGLE AXLE DUMP TRUCK CAB AND CHASSIS - RESOLUTION PROVIDING FOR THE EARLY ORDER OF FIVE 2002 FORD CROWN VICTORIA SQUAD CARS INCLUDED IN THE 2002 CENTRAL GARAGE BUDGET RESOLUTION NO. 2001-103 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2001 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE TRACKLESS SIDEWALK PLOW The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 08/13/01 -5- DRAFT RESOLUTION NO. 2001-104 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 2001 CENTRAL GARAGE BUDGET TO PROVIDE FOR THE PURCHASE OF ONE SINGLE AXLE DUMP TRUCK CAB AND CHASSIS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2001-105 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE EARLY ORDER OF FIVE 2002 FORD CROWN VICTORIA SQUAD CARS INCLUDED IN THE 2002 CENTRAL GARAGE BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6i. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 2000-01,02, AND 03, CONTRACT 2000 -11, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS This item was deleted from the agenda. 6j. RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2001-01,02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2001-106 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 2001- 01, 02, AND 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 08/13/01 -6- DRAFT I 7. PUBLIC HEARINGS 7a. 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 discussed that the documents have not . been obtained and suggested tabling this item to the August 27, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Ricker to continue the Public Hearing to the August 27, 2001, meeting. Motion passed unanimously. 7b. AN ORDINANCE PROHIBITING THE FEEDING OF DEER Mr. McCauley discussed that the proposed ordinance prohibiting the feeding of deer was prepared due to the number of calls received from residents and requested Public Works Director Diane Spector to outline the background of the proposed ordinance. Ms. Spector summarized that the City manages or monitors animal control in three primary areas, Canada geese, beavers, and deer. This year the calls complaining about deer had increased and it is likely that either the deer population is increasing; or the deer are migrating even further away from their traditional habitats in Palmer Lake, Twin Lakes /Arboretum/Preserve, and Durnam Island; or some combination of both. One element that cities are implementing as part of their deer management programs is an ordinance prohibiting the intentional feeding of deer by anyone other than DNR or other authorized personnel acting in accordance with the deer management plan. The deer management plan is intended to keep the deer population at a level that is supportable by the natural habitat available, so as to avoid the need to actively manage populations through deer removal. The City of Brooklyn Center had proposed the following deer management plan: • Obtain biennial deer counts from Hennepin Parks or the DNR (cost approximately $300 each occurrence). • Consult regularly with the DNR regarding the deer management plan. • Continue monitoring police reports. • Track and follow up on general deer complaints. • Provide information in the City newsletter and educational brochures on deer repellants. • Adopt an ordinance prohibiting the intentional feeding of deer. Ms. Spector discussed that the enforcement of this proposed ordinance would be on a complaint basis. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. 08/13/01 -7- DRAFT Wayde Lerbs, 5107 East Twin Lake Boulevard, addressed the Council to discuss his concern with the feeding of deer in the City of Brooklyn Center and to state that he believes the ordinance should be more exclusive to include other animals. Mary Saugestad, 5912 Upton Avenue North, addressed the Council to discuss that she likes feeding the deer and believes that feeding the deer provides an educational opportunity for the children in her daycare. Ms. Saugestad requested that the Council consider tabling this ordinance to allow time for statistics to be researched and offered assistance in working with staff on the research. Mayor Kragness indicated that safety is an issue and shared with Ms. Saugestad some of the concerns that the Council had with safety. Gerald Abild, 3712 Woodbine Lane, addressed the Council to share the destruction the deer have caused on his property. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. Councilmember Peppe questioned whether or not the ordinance could be approved in order to move forward with the prohibiting of feeding deer and amended at a later date to include other animals. Mr. McCauley suggested that the ordinance be tabled and the City Attorney review the comments and issues to see if the proposal should be amended. brought back before the Council for adoption if they wished to have the ordinance amended. A motion by Councilmember Peppe, seconded by Councilmember Nelson to table this ordinance to the September 24, 2001, meeting. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 2001 LANDSCAPING AND GARDEN CONTEST Ms. Spector discussed the 7 Annual Landscaping and Gardening Contest that took place on July 19, 2001, which was judged by Brooklyn Center Garden Club members Diane Sannes, Elizabeth Muellner, and Wanda Gast, and shared slides of the winners who were as follows: 08/13/01 -8- DRAFT Judge's Award of Excellence for Landscaping Sandra and Walt Wenholz, 50169' Avenue North Judge's Award of Excellence for Gardens Carole Hallman, 5501 Irving Avenue North Best Yard Design Ginny and John Steffes, 7125 Ewing Avenue North Best Hillside Design John and Caroll Brodin, 7035 Willow Lane Best Rose Garden Penny Larkin, 5631 Emerson Avenue North Best Shade Garden Janice Jungwirth, 5521 Girard Avenue North Special Recognitions Patricia Weitzel, 4418 66' Avenue North Harriet and Bill Corcoran, 6324 Lee Avenue North ® Councilmember Peppe discussed with this event being so successful that maybe the City should consider a remodeling house event to help people get recognized for their hard work on the remodels done in Brooklyn Center. Councilmember Nelson pointed out that the recognitions are in different areas of the City. RESOLUTION NO. 2001 -107 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION RECOGNIZING AND COMMENDING THE WINNERS OF THE 2001 LANDSCAPING AND GARDEN CONTEST The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8b. RESOLUTION REAFFIRMING COMMITMENT TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION • 08/13/01 -9- DRAFT Mr. McCauley explained that it was suggested that the Shingle Creek Watershed Management Commission be replaced by a watershed district with members appointed by the County Board and that this resolution would reaffirm its support and commitment to the Shingle Creek Watershed Management Commission and to the accomplishment of the purposes of the Act as set forth in Minn. Stat., §103B.201. RESOLUTION NO. 2001-108 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION REAFFIRMING COMMITMENT TO THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8c. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2002 Mr. McCauley discussed that this resolution would elect to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2002. RESOLUTION NO. 2001-109 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8d. RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT Mr. McCauley discussed that this resolution would authorize the matching fund expenditures of $3,262 for participation in the Local Law Enforcement Block Grant Program. RESOLUTION NO. 2001 -110 08/13/01 -10- DRAFT Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING MATCHING FUNDS FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 8e. STAFF REPORT RE: I- 94/694 THIRD LANE PROJECT Mr. McCauley reported on the status of the I- 94/694 Third Lane project and discussed that there was no action requested from the Council at this time. Since the Council's approval of the conceptual of the plan in February, Mn/DOT has contracted with URS (formerly BRW) to complete the construction plans for the segment of I -94 through Brooklyn Center. The most significant change in the plan is the elimination of all work east of Brooklyn Boulevard. The conceptual plan included reconstructing the highway to Dupont Avenue and while this work was included in the environmental assessment it was not funded. Mn/DOT has secured funding to mill and overlay the segment of 94 east of Brooklyn Boulevard but not for the additional sound walls proposal Another issue is the location of storm water ponds. Mn/DOT will be soliciting comments at the sixty percent plan review and ninety percent plan review stages and will request Council approval of the I- 94/694 final plan before construction can begin. Mayor Kragness requested a letter be sent to Mn/DOT indicating the Council's displeasure with elimination of improvements to benefit Brooklyn Center. 8f. RESOLUTION AUTHORIZING THE DELETION OF THE NOISE WALL ON THE NORTH SIDE OF HIGHWAY 100 ABUTTING THE BEACH CONDOMINIUMS AND TWIN LAKE PARK Mr. McCauley discussed that a survey had been taken of the residents on the Highway 100 side of the Beach Condominiums and that the results indicated that more residents would prefer no noise wall. This resolution would authorize the deletion of the noise wall on the north side of Highway 100 abutting the Beach Condominiums and Twin Lake Park. Councilmember Peppe questioned what would be done in the area of the noise wall if it is deleted. Mr. McCauley responded that the staff could request vegetative plantings along with additional berming. Councilmember Ricker questioned who had been surveyed. Ms. Spector reviewed the history of the discussions and meetings that had taken place and informed the Council that the majority of the residents who most benefit from a noise wall prefer no noise wall. Councilmember Ricker indicated that he would like to see an official vote regarding this issue. 08/13/01 -11- DRAFT Councilmember Lasman questioned what will happen if the traffic increases along that stretch of Highway 100 and new residents arrive after the decision is made to delete this noise wall. Mr. McCauley responded that after a noise wall has been deleted from a project it is extremely unlikely that a sound barrier would be constructed in the future. RESOLUTION NO. 2001 -111 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE DELETION OF THE NOISE WALL ON THE NORTH SIDE OF HIGHWAY 100 ABUTTING THE BEACH CONDOMINIUMS AND TWIN LAKE PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8g. UPDATE ON CODE ENFORCEMENT Mr. McCauley updated the Council on the code enforcement sweep that had been conducted July 17, 2001, through August 8, 2001. Council discussed the code enforcement process and what could be done for the dumping of trash that seems to be an issue on commercial property. 8h. RESOLUTION TO INCREASE THE FEE CHARGED FOR THE PROCESSING OF RETURNED CHECKS ISSUED TO THE CITY OF BROOKLYN CENTER Mr. McCauley discussed that this resolution would increase the fee charged for the processing of returned checks from twenty dollars to thirty dollars as allowed by State Law and recommended by the Director of Fiscal and Support Services. RESOLUTION NO. 2001-112 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION TO INCREASE THE FEE CHARGED FOR THE PROCESSING OF RETURNED CHECKS ISSUED TO THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 08/13/01 -12- DRAFT I 8i. RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES Mr. McCauley discussed that the Council had previously reviewed rental dwelling license fees and that this resolution would bring the City to a more comparable level with some surrounding communities. The increase will offset the expenses incurred by the City for rental inspection and prosecution services. RESOLUTION NO. 2001-113 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE SCHEDULE FOR RENTAL DWELLING LICENSE FEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 8j. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONVEYANCE OF LAND FROM THE CITY OF BROOKLYN CENTER TO THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER (RIVERWOOD ESTATES TOWNHOME DEVELOPMENT ON WILLOW LANE) Mr. McCauley informed the Council that this resolution authorizing execution of agreement for conveyance of land from the City of Brooklyn Center to the Economic Development Authority in and for the City of Brooklyn Center (Riverwood Estates Townhome Development on Willow Lane) is a house keeping mechanism. RESOLUTION NO. 2001-114 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR CONVEYANCE OF LAND FROM THE CITY OF BROOKLYN CENTER TO THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER (RIVERWOOD ESTATES TOWNHOME DEVELOPMENT ON WILLOW LANE) The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 08/13/01 -13- DRAFT 8k. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR VOICE/DATA/PAGING /CATV CABLING AND CEILING SPEAKER DEVICES FOR THE CITY OF BROOKLYN CENTER ADDITION AND REMODEL, IMPROVEMENT PROJECT NO. 1995-12 Mr. McCauley discussed that the resolution recommends accepting bid and awarding a contract to All State Communications, Inc. for voice /data/paging /CATV cabling and ceiling speaker devices in conjunction with the remodeling of the Civic Center. Councilmember Nelson questioned the time frame of this portion of the remodel. Mr. McCauley responded that there are several phases and once started will be finalized around May of 2002. RESOLUTION NO. 2001-115 Councilmember Peppe introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR VOICE/DATA/PAGING /CATV CABLING AND CEILING SPEAKER DEVICES FOR THE CITY OF BROOKLYN CENTER ADDITION AND REMODEL, IMPROVEMENT PROJECT NO. 1995 -12 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 81. RESOLUTION REGARDING CIVIC CENTER REMODELING (RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CITY OF BROOKLYN CENTER CIVIC CENTER ADDITION AND REHABILITATION PROJECT AND PARKING LOT RECONSTRUCTION, IMPROVEMENT PROJECT NO. 1995 -12) Mr. McCauley discussed that this resolution would accept bid and award contract to RJM Construction for building construction and parking lot reconstruction as set forth in the base bids accepted on August 7, 2001. Mr. McCauley shared plans of the improvements that will be made to both the Community Center and City Hall. Councilmember Nelson and Mayor Kragness commended staff and architects on the hard work done on this project. RESOLUTION NO. 2001-116 Councilmember Nelson introduced the following resolution and moved its adoption: 08/13/01 -14- DRAFT RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CITY OF BROOKLYN CENTER CIVIC CENTER ADDITION AND REHABILITATION PROJECT AND PARKING LOT RECONSTRUCTION, IMPROVEMENT PROJECT NO. 1995 -12 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the City Council meeting at 8:36 p.m. Motion passed unanimously. City Clerk Mayor 08/13/01 -15- DRAFT City Council Agenda Item No. 6b � CEA BROOKLYN CENTER ® POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: - August 10, 2001 SUBJECT: Renewal Application For A Minnesota Lawful Gambling License (Pull Tab Booth) Lions Brooklyn Center Club On August 10, 2001, the Brooklyn Center Police Department received a State of Minnesota Gambling Control Board Premises Permit Renewal Application to operate a pull tab booth at the • Earle Brown Bowl (AMF Bowling Centers, Inc.) from the Lions Brooklyn Center Club. The State Gambling Control Board requires a city council resolution approving the issuance of the license in order for them to take any action on the license. As such, if the license is approved, a certified copy of the resolution must be returned to us. All necessary paperwork and fees have been submitted. There was nothing found that would preclude the above from being issued a Minnesota Lawful Gambling License. Per this memo, I am requesting that this item be put on the council agenda for consideration. f er of of Police JD:kh ® Iions0l.mem adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER LIONS CLUB TO OPERATE A PULL -TAB BO AT TH E EARLE BROWN BOWL WHEREAS, the Minnesota Charitable Gambling Control Board requires a municipality to submit a resolution authorizing issuance of any lawful gambling license within its borders; and WHEREAS, the Brooklyn Center Lions Club has held and currently holds such license within the City of Brooklyn Center and there has been no illegal activity with regards to the gambling activities at that location; and WHEREAS, the City of Brooklyn Center allows for such conduct on premises within the City of Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a lawful gambling license to the Brooklyn Center Lions Club to operate a pull -tab booth at the Earle Brown Bowl is hereby approved. Date Mayor ATTEST: Deputy 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. • State of Minnesota For Board Use Only Gambling Control Board Premises Permit Renewal Application Amt. Pd Check # G214PPR Printed: 7 /132001 License Number•.B- 01834 -002 Effective Date: 1/1/2000 Expiration Date: 12 /31/2001 Name of Organization: Lions Brooklyn Center Club Gambling Premises Information Name of the establishment where gambling will be conducted Earle Brown Bowl Note: Our records show the P remises 6440 James Cir N is located within the city limits Brooklyn Center, MN 55430 County: Hennepin Lessor Information Note: Our records indicate that the organization owns this premises Bingo Activity Our records indicate that Bingo is conducted on these premises. Please refer to the instructions for required Storage Information Bremer Bank Bank Information South St Paul MN 55075 -- -JE-r. e tar . Gambling Bank 2299 Palmer R Account Number: 7206113 N.,, Brighten-,- AW E'_n On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title John Dwain Russell 5312 N Lilac Dr Brooklyn Center, MN 55430 Thomas Shinnick 5324 Oliver Aver N Brooklyn Center, MN 55430 ka rt - JpscAiorek ' 400' Mcrgari Ave NO Brooklyn Center, MN 55430 (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization Oath 6. any changes in application information I hereby consent that local law enforcement I declare that: will be submitted to the board and local officers, the board or agents of the board, or 1. I have read this application and all unit of government within ten days of the commissioner of revenue or information submitted to the board is true, the change; and public safety or agents of the accurate, and complete; 7. I understand that failure to provide commissioners, may enter the premises to 2, all other required information has been required information or providing false or enforce the law. fully disclosed; misleading information may result in the Bank Records Information 3. I am the chief executive officer of the denial or revocation of the license. The board is authorized to inspect the bank organization; ( _ records of the gambling account whenever 4. I assume ful I responsibility for the fair and necessary to fulfill requirements of current lawful operation of all activities to be gambling rules and law. conducted; Organization License Authorization 5. I will familiarize myself with the laws of Signature of the chief executive I hereby authorize the Gambling Control Minnesota governing lawful gambling and officer (Designee may not sign) Board to modify the class of organization rules of the board and agree, if licensed, to , license to be consistent with the class of abide by those laws and rules, including permit being applied for. amendments to them; Date Local Unit of Government Acknowledgment and A te' roval On behalf of the city, I hereby acknowledge this application Rc n 1 t / tJ for lawful gambling activity at the premises located within Print a of city the city's jurisdiction, and that aresolution specifically approving or denying the application will be forwarded to the applying organization. Signature of city personnel receiving application Cl-i Clem 1 2 /� 6 1 Title Date For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling Print name of township activity within the township limits. A township has no statutory authority to approve or deny an Signature of township official receiving application application (Minn. Stat. sec. 349.213, subd. 2). 1 / Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at Print name of county the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Signature of county personnel receiving application Title Date The information requested on this form (and Your name and address will be public Board whose work assignment requires any attachments) will be used by the information when received by the Board. that they have access to the information; Gambling Control Board (Board) to All the other information that you provide the Minnesota Department of Public determine your qualifications to be involved will be private data about you until the Safety; the Minnesota Attorney General; in lawful gambling activities in Minnesota, Board issues your license. When the Board the Minnesota Commissioners of and to assist the Board in conducting a issues your license, all of the information Administration, Finance, and Revenue; the background investigation of you. You have that you have provided to the Board in the Minnesota Legislative Auditor, national the right to refuse to supply the information process of applying for your license will and international gambling regulatory requested; however, if you refuse to supply become public. If the Board does not issue agencies; anyone pursuant to court order, this information, the Board may not be able you a license, all the information you have other individuals and agencies that are to determine your qualifications and, as a provided in the process of applying for a specifically authorized by state or federal consequence, may refuse to issue you a license remains private, with the exception law to have access to the information; license. If you supply the information of your name and address which will remain individuals and agencies for which law or requested, the Board will be able to process public. your application. Private data about you are available only to Minnesota Lawful Gambling Lease for Putt -Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 Name of Legal Owner of Premises Street Address City State Zip Daytime Phone ANF BOWLING L;t;iv INC. 8100 AMF DR. MECHANICSVILLE VA 23111 804 - 730 -4342 Name of Lessor Street Address City State Zip Daytime Phone (If same as legal owner, write in "SAME") SAME Name of Leased Premises Street Address City Zip Daytime Phone EARLE BROWN BOWL 6440 JAMES CIRCLE NO BROOKLYN CENTER 55430 (763) 566 -6250 Name of Lessee (name of organization leasing the premises) GCB license no. of organization Daytime Phase BROOKLYN CENTER LIONS CLUB B -01834 612 588 -5 Rent Information • Total rent cannot exceed $1,000 per month for all An organization may not pay rent to itself or to non -bingo activity for this premises. any of its affiliates for space used for the conduct • For bingo activity, use lease form LG222. of lawful gambling. • For pull -tab dispensing machines, use lease form LG223. 1000.00 Rent to be paid per month $ (If no rent is to be paid, indicate 4)-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct For Premises Permit Renewal Applications Only: If no of gambling and storage of gambling product at this changes have been made at the site, you do not have to premises, attach a sketch (drawing) showing: (1) the complete this section or provide a sketch. leased area(s), and (2) the dimensions. Dimensions The leased areas are: 9 feet by 9 feet for a total of 81 square feet. feet by feet for a total of square feet. feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Combined total square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. Paddlewheels I" 1 Pull-Tabs n Raffles n Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with If this is an amended lease showing changes occur - the premises permit issued by the Gambling Control ring during the term of the current premises permit, Board, unless terminated sooner by mutual consent of write in the date that the changes will be effective the lessor and lessee. / 1 1. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing The information requested on this form will become public Section of the Gambling Control Board (Board) at 651 -639- information when received by the Board, and will be used to 4000. This publication will be made available in alternative determine your compliance with Minnesota statutes and rules format (i.e. large print, Braille) upon request. Hearing impaired governing lawful gambling activities. individuals using a TTY may call the Minnesota Relay Service Page 1 of 2 at 1- 800 -627 -3529 and ask to place a call to 651- 639 -4000. 1/99.__.:. Lease for Pull: Tab, Paddlewheel, Tipboard, and /or Raffle Activity - LG221 LESSOR PROHIBITIONS agents are found to be solely 4. The lessor shall not modify or Management of Gambling responsible for any illegal gambling terminate this lease in whole or in part Prohibited conducted at that site that is due to the lessor's violation of the prohibited by Minnesota Rules, part provisions listed on this lease. The owner of the premises or the lessor 7861.0050, subpart 1, or Minnesota will not manage the conduct of gambling Statutes, section 609.75, unless the Arbitration Process at the premises.. organization's agents responsible the illegal gambling activir also The lessor agrees to arbitration when a Participation as Players Prohibited agents or employees of the lessor. violation of these lease provisions is The lessor, the lessor's immediate family, alleged. The arbitrator shall be the CRG. and any agents or gambling employees 4. The lessor shall not modify or of the lessor will not participate as players terminate the lease in whole or in part ACCESS TO PERMITTED PREMISES in the conduct of lawful blip on the because the organization reported to 9 g a state or local law enforcement State of Minnesota and Law premises, authority or the board the occurrence Enforcement Illegal Gambling at the site of illegal gambling activity The board and its agents, the 1. The lessor is aware of the prohibition in which the organization did not commissioners of revenue and public against illegal gambling in Minnesota participate. safety and their agents, and law Statutes, section 609.75, and the Other Prohibitions enforcement personnel have access to penalties for illegal gambling the permitted premises at any violations in Minnesota Rules, part 1. The lessor will not impose restrictions reasonable time during the business 7861.0050, subpart 3. on the organization with respect to hours of the lessor. 2. To the best of the lessors knowled providers (distributors) of gambling- ge, related equipment and services or in Or g anizatfon the lessor affirms that any and all the use of net profits for lawful The organization has access to the games or devices located on the purposes, permitted premises during any time premises are not being used, and are 2 The lessor, the lessor's immediate reasonable and when necessary for the not capable of being used, in a family, and any agents or employees conduct of lawful gambling on the manner that violates the prohibitions of the lessor will not require the Premises. against illegal gambling in Minnesota organization to perform any action penalties for illeegal gal gambling Statutes, section ,and the that would violate statute or rule. i LESSOR RECORDS MAINTAINED violations in Minnesota Rules, part 3. if there is a dispute as to whether any The lessor shall maintain a record of all 7861.0050, subpart 3. of these lease provisions have been money received from the organization, violated, the lease will remain iri effect and make the record available to the 3. Notwithstanding Minnesota Rules, pending a final determination by the board and its agents, the commissioners part' 7861.0050, subp. 3, an Compliance Review Group (CRG) of of revenue and public safety and their organization must continue making agents upon demand. The record shall rent payments, pursuant to the terms the Gambling Control Board. be maintained for a period of 3-1/2 years. of the lease, if the organization or its OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) This tease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pulkab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to the Gambling Control Board ten days prior to the effective date of the change. Signal of Les I sor Date N, otu of Organization Official (Lessee) Date �1 ,✓� 5 Print Marne and Title of Lessor L Print Name and Title of Lessee Page 2 of 2 1199 Minnesota Lawful Gambling Lease for Pull -Tab Dispensing Device Activity - LG223 Name of Legal Owner of Premises Street Address City State Zip Daytime Phone AMF BOWLING CENTERS INC 8100 AMF DR MECHICSVILLE VA 23111 (804) 730 -4342 Name of Lessor Street Address City State Zip Daytime Phone (if same as legal owner, write in "SAME") SAME Name of Leased Premises Street Address CRY zip Daytime Phone EARLE BROWN BOWL 6440 JAMES CIRCLE NO BROOKLYN CENTER MN 55430 (763) 5606250 _ BROOKLYN CENTER LIONS CLUB B -01834 (612) 588 -5416 Name of Lessee (name of organization leasing the premises) GCB license no. of organization DWfime Phone Times and Days Pull Tab Dispensing Device In Operation List the hours each pull -tab dispensing device will be in operation (example 5:00 p.m. to 1:00 a.m.): Machine #1 Machine #2 Machine #3 Monday LOAM 1 AM Monday Monday Tuesday LOAM 1 AM Tuesday Tuesday Wednesday ijAm 1 AM Wednesday Wednesday Thursday 10AM 1 AM Thursday Thursday Friday LOAM 1 AM Friday Friday Saturday LOAM 1 AM Saturday Saturday Sunday 12PM 1 AM Sunday Sunday Rent information • Total rent cannot exceed $1,000 per month for all non- An organization may not pay rent to itself or to any of bingo activity for this gambling premises. its affiliates for space used for the conduct of lawful gambling. • For bingo activity, use lease form LG222. Rent to be paid per month $ 0.00 (if no rent is to be paid, indicate -0-) Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of For Premises Permit Renewal Applications Only: If no gambling and storage of gambling product at this changes have been made at the site, you do not have premises, attach a sketch (drawing) showing the leased to complete this section or provide a sketch. area(s) and the dimensions. Dimensions The leased areas are: Machine #1 4 feet by 6 feet for a total of 24 square feet. Machine #2 feet by feet for a total of square feet. Machine #3 feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Storage feet by feet for a total of square feet. Combined total 24 square feet. Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the if this is an amended lease showing changes occurring dur- premises permit issued by the Gambling Control Board, unless ing the term of the current premises permit, write in the date terminated sooner by mutual consent of the lessor and lessee. that the changes will be effective / i . Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing The information requested on this form will become public in- Section of the Gambling Control Board at 651- 639 -4000. This formation when received by the Board, and will be used to publication will be made available in alternative format (i.e. determine your compliance with Minnesota 'statutes and rules large print, Braille) upon request. Hearing impaired individuals governing lawful gambling activities. using a TTY may call the Minnesota Relay Service at 1-800- Page 1 of 2 627 -3529 and ask to place a call to 651- 639 -4000. 1/99 Lease for Pull Tab Dispensing Device Activity - LG223 LESSOR PROHIBITIONS 2.To the best of the lessor's knowledge, 3. If there is a dispute as to whether any the lessor affirms that any and all of these tease provisions have been Management of Gambling Prohibited games or devices located on the violated, the lease will remain in effect premises are not being used, and are pending a final determination by the The owner of the premises or the lessor not capable of being used, in a manner Compliance Review Group (CRG) of will not manage the conduct of gambling that violates the prohibitions against the Gambling Control Board. at the premises. illegal gambling in Minnesota' Statutes, 4. The lessor shall not modify or terminate Participation as Players Prohibited section 609.75, and the penalties for this lease in whole or in part due to the The lessor, the lessor's immediate family, illegal gambling violations in Minnesota lessor's violation of the provisions listed and any agents or gambling employees Rules, part 7861.0050, subpart 3. on this lease. of the lessor will not participate as players 3. Notwithstanding Minnesota Rules, part Arbitration Process in the conduct of lawful gambling on the 7861.0050, subpart 3. an organization of th premises. must continue making pursuant i rent payments, The lessor agrees l arbitration when s t t r uant o he terms e lea e, if alleged. The arbitrator shall be the CRG. violation of these lease provisions is Pull-Tab Dispensing Devices the cant o organization to its agents are found 1.Any pull -tab dispensing device to be solely responsible for any illegal (hereinafter referred to as device) shall gambling conducted at that site that is ' ACCESS TO PERMITTED PREMISES' be located within the leased space, in prohibited by Minnesota Rules, part a location other than a hallway and 7861.0050, subpart 1, or Minnesota State of Minnesota and Law where alcoholic beverages are regularly Statutes, section 609.75, unless the Enforcement dispensed and consumed. organization's agents responsible for g g � The board. and its agents, the 2. The lessor shall prohibit persons from the illegal gambling activity are also commissioners of revenue and public tampering with or interfering with the agents or employees of the lessor. safety and their agents, and law normal operation or play of the device. I enforcement personnel have access to the 3.The lessor /organization shall ensure 4. The lessor shall not modify or terminate permitted premises at any reasonable that the device is inoperable whenever the lease in whole or in part because time during the business hours of the an organization employee is not present the organization reported to a state or lessor. to redeem a winning pull4ab. local law enforcement authority or the Organization board the occurrence at the site of O r9 4. Except for the provisions in Minnesota illegal gambling activity in which the The organization has access to the Rules, part 7861.0080, the lessor or the organization did not participate. permitted premises during any time lessor's employees shall not access or reasonable and when necessary for the attempt to access the interior of a Other Prohibitions conduct of lawful gambling on the device. The lessor or the lessor's 1 The lessor will not impose restrictions premises. employees shall not permit any person, on the organization with respect to other than authorized employees or providers of gambling - related LESSOR RECORDS MAINTAINED representatives of the organization. to ass the interior of a device. equipment and services or in the use of net profits for lawful purposes. The lessor shall maintain a record of all Illegal Gambling 2.The lessor, the lessor's immediate money received from the organization, 1.The lessor is aware of the prohibition family, and any agents or employees and make the record available to the against illegal gambling in Minnesota of the lessor will not require the board and Its agents, the commissioners Statutes, section 609.75, and the organization to perform any action that of revenue and public safety and their penalties for illegal gambling violations would violate statute or rule. agents upon demand. The record shall be In Minnesota Rules, part 7861.0050, maintained for a period of 3412 years. subpart 3. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this tease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and lessee.) This lease is the total and only agreement between the lessor and the organization operating pull -tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the puli4ab dispensing devices and other matters related to this lease. Any changes in this lease must be submitted to the Gambling Control Board ten days prior to the effec�l date of change. � 1 �.. , > �� -7-of Signatu of Lessor Date S' of Organization bfficiai (lessee) Date Print Nan{e and Title of Lessor Print Name ,and Title of Lessee y Page 2 of 2 llgq City Council Agenda Item No. 6c City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy Ci Clerk DATE: August 22, 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 August 27, 2001. MECHANICAL Fireworks Fireplace Installation, Inc. 3030 4` Street South, Waite Park Heated Floor Systems 1658 Louise Avenue, St. Paul White Bear Mechanical, Inc. 2379 Leibel Street, White Bear Lake i PRIVATE KENNEL LICENSE John Proctor 6025 Halifax Avenue North RENTAL Renewal: 507 69t Avenue North Mary Tjosvold (Outreach Acres) 6142 Scott Avenue North John and Marlys Pepera TAXICAB Elhadji Diaby- Gassama 4949 Grenwich Avenue North, Oakdale 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. 6d • MEMORANDUM DATE: August 22, 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. adoption: Member introduced the following resolution and moved its 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 PLAZA 104 CITY OF BROOKLYN CENTER HAPPY HOLLOW PARK 105 THOMAS REVARD 6437 JUNE AVE N 106 KEVIN KLEIN & MICHELE VAGENA 5611 INDIANA AVE N 107 MICHAEL & CHARICE GOUDE 381256 TH AVE N 108 ANTHONY & FELISA MARTIN 5412 PENN AVE N 109 WILLIAM & MARY D'AMOUR 7118 WILLOW LANE N 110 LAKE ENERGY INVESTMENTS 6640 HUMBOLDT AVE N 111,112 ROGER ANDA 1301 67 AVE N 113,114 BROOKDALE OFFICE PARK PARTNERS 3300 CO RD NO 10 115,116 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 ATTEST: City Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 6e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SETTLEMENT AGREEMENT BETWEEN CITY OF BROOKLYN CENTER AND HANSON PIPE AND PRODUCTS, INC. SPANCRETE AND AUTHORIZING FINAL PAYMENT WHEREAS, the City of Brooklyn Center entered into three contracts to provide certain labor and materials for the Brooklyn Center Police Station and the West Fire Station new construction projects; and WHEREAS, certain disputes arose with regard to final payment for amounts owed under these contracts that have now been resolved between the parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager is authorized to sign a settlement agreement that provides for a final payment of $86,201.92 to Hanson Pipe and Products (formerly known as Spancrete), and that releases the City from any further claims by the company. is Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I August 22, 2001 MEMO TO: Mic J. McCauley, City Manager FROM: a e A. Chambers, Assistant City Manager SUBJECT: Settlement Agreement with Hanson Pipe and Products (Spancrete) For construction of the Police and West Fire buildings, the City of Brooklyn Center entered three contracts for labor and materials with a company, which at the time, was called Spancrete, and is now called Hanson Pipe and Products. I have worked with our attorney Mr. Steven Melcher to reach agreement on outstanding amounts owed to the company under each of the three contracts. The City's dispute with the company was due to costs the City incurred as a result of winter conditions. The City maintained that we would not have incurred these costs if Spancrete had delivered the product on time to each job site, and we sought to have Spancrete back - charged for the cost of these winter conditions. Spancrete, for its part, disputed our calculation of these costs and refused to have these costs subtracted from its final payment. Although the City made concerted efforts to resolve these issues with Hanson Pipe and Products, negotiations with the company stalled about 9 months ago. The City has been waiting for certain information about the delivery dates of product to be supplied by the company to our attorney. That information was finally supplied to the Attorney recently. Based on that information, Mr. Melcher advised me that the City might be liable for a slightly larger payment to Spancrete than we had originally proposed. Therefore, we offered an additional amount to Spancrete, and the offer was accepted. A DRAFT agreement is attached. Some minor changes in the language is being made by the attorney for each side. I anticipate receipt of a final agreement for your signature shortly. At that time, the City will need to issue a check in the amount of $86,202.92. This will represent a final and complete payment for labor and materials. This amount is $31,906 LESS than the original total requested by the company. This payment to Spancrete completes all payments outstanding to contractors for the Police and Fire Projects, with the exception of a final settlement with the Bossardt Corporation. A draft settlement agreement sent to Bossardt upon which all the parties had agreed has not to date been signed by the Bossardt Corporation. „u u- i 4 AUG 15 ­ ' 01 04 i '42PM � �FA$YANSKE � � WESTRA & HART P. 2%3 SETTLEMxNT AGPX EMENT This Settlement Agreement { "AgreemenfD is hereby entered into Hanson y of August, 2001, by and between the City of Brooklyn Cent h" i Spancrete Midwest, Inc. Wa Spanmete Midwest Co. { Sp RECrTALS, 1. The City and Spancrete entered into a contact dated August for Spancrete to provide certain labor and materials for the Brooklyn Center police S Sta tation 6645 Humboldt Avenue North, Brooklyn Center, Minnesota' The City and Spancrete entered into a contract dated June 2.. 1998 for Spancrete to provide certain labor and materials for the City of Brooklyn Center Police Station located at 6301 Sl-ingle Creek parkway, Brooklyn Center, Minnesota The City and Spa=ete entered into a contract dated June 2, 1998 for Spancrete to provide certain labor and materials for the City of Brooklyn Center Firestation West, 6300 Brooklyn Boulevard, Brooklyn Center, Minnesota. The three contracts described above shall collectively be refm cd to herein as the "Contracts” and the three Prof ects shall be collectively referred to herein as the "Projects ". 2. A dispute has arisen regarding the payments due from the City to Spaaerete under the Contracts. the parties have an� I £ r �evpro�jledct�as provided . them regarding payments due under herein. NOW, THEUPORE, the parties agree as follows' I. Settlement. Upon execution of this agreement by all parties, the City shall pay Spancrete the sum of $86,201.92 computed as follows: Contract Balance w/o Back - charge, Final pavraent, Back charges, Police 1.06 $ 2,102.75 $ p $ 2,102.75 Police 1.07 $49,434.50 $31,906.00 $17,528.50 I West Fire $66.570.67, $66,570.67, Total $118,107.92 $31,906.00 586,201.92 2. Release. Spancrete and the City hereby remise, release and forever issues, discharge each other from any and all debts, claims, demands and similar Pa AUG 14 2001 17:59 + PAGE.02 AUG- 14-AUG 64"43PFf ABYANWff WESTRA & HART T ' - " `'" including without limitation, all change orders and back charges, sassing out of the projects and/or Contracts. 3. Settlemet is Not A rm and shall be considered as an admission of the compromise by the parties and 1s no P arties against any of the other truth of the allegations, claims or contentions of any of the parties, each of whom continue to deny such allegations,llabihnes and responsibilities. 4. Advice of Counsel,. Bach of the parties has received the advice of iDdependent counsel prior to sigz1iag this Agreement. Each of the parties aclmowledges that no other party or agent or attorney of any other party has made a promise, representation, or warranty whatsoeYet, express or implied, not contained herein the subject matter bcrein to induce the other pany to execute this Agreement. concerning J a This Agreement is the result of ne and comp romise between the patties and shall not be interpreted asst the party originally draftg this .Agreement. 1N WITNESS VIB ERJ�OF, the parties have executed this Agreem en as of the day and year first written above. CITY OF BROOKLYN CENTER By Its HAN SON SPANCRETE MIDWEST, INC. f/k/al SpANCRBTE MIDWEST CO. By Its :2947205%1. 40797.001 2 AUG 14 2001 17:55 + PAGE.03 I City Council Agenda Item No. 6f I PROCLAMATION DECLARING OCTOBER 21 THROUGH 27, 2001, AS WORLD POPULATION AWARENESS WEEK WHEREAS, world population stands today at more than 6.1 billion and increases by some one billion every 13 years; and WHEREAS, the most significant feature of the 20t century phenomenon of unprecedented world population growth was rapid urbanization; and WHEREAS, cities and urban areas today occupy only 2 percent of the earth's land, but contain 50 percent of its population and consume 75 percent of its resources; and WHEREAS, the most rapid urban growth over the next two decades is expected in cities with populations ranging from 250,000 to one million, and WHEREAS, along with advantages and amenities, the rapid growth of cities leads to substantial pressure on their infrastructure, manifested in sanitary, health and crime problems, as well as in deterring the provision of basic social services; and WHEREAS, in the interest of national and environmental security, nations must redouble voluntary and humanitarian efforts to stabilize their population growth at sustainable levels, while at all times respecting the cultural and religious beliefs and values of their citizens; and WHEREAS, World Population Awareness Weep was proclaimed last year by Mayors of 315 United States cities, as well as Governors of 32 states, and was co- sponsored b 231 organizations in 63 countries; and WHEREAS, in 2001 the theme for World Population Awareness Weep is "Population and the Urban Future ". 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 October 21 -27, 2001, as World Population Awareness Week and urge all citizens of our City to take cognizance of this event and to participate appropriately in its observance. Date Mayor ATTEST: City Clerk THE POPULATION August, 2001 INSTITUTE 107 Second Street, N.E. The Honorable Myrna Kragness Washington, DC 20002 Mayor of Brooklyn Center (202) 544 -3300 6301 Shingle Creek Pkwy Fax (202) 544 -0068 Brooklyn Center, MN 55430 -2113 U.S. COMMITTEE OF MAYORS Dear Mayor Kragness: ON RESOURCE CONSERVATION AND POPULATION This October, people across the world will be observing World Population CHAIRMAN Awareness Week in an effort to promote greater public awareness of the The Honorable Charles F. Tooley ramifications of rapid population growth. For the past 16 years, the Population Billings, MT Institute has been the lead sponsor and coordinator of this awareness CHARTER MEMBERS campaign. This year the Institute plans to organize the most comprehensive The Honorable Robert Whiti IN ca to date, focusing on "Po ulation and the Urban Future ". Whiting IN p gn g p The Honorable Gilda Cabreera Oliveros Hialeah Gardens, FL The Honorable Salvadore Caruso At current growth rates, the world population in 2030 is expected to exceed 8 Slidell, LA The Honorable Nancy Crandall billion. Ninety -seven percent of that growth will be in the developing world. Norton Shores, MI Cities and urban areas today occupy only 2 percent of the earth's land but The Honorable Sam Dobbins � Glenwood, IL contain half of the world's population and consume 75 percent of its resources. The Honorable Alvin Dupont Tuscaloosa, AL The most rapid urban growth over the next two decades, however, is expected The Honorable Alex Fekete Pembroke Pines, FL in cities with populations ranging from 250,000 to one million. By 2050, an The Honorable Carolyn Luoma Virg inia , ini estimated two thirds of the p opulation will live in urban areas, i Virginia, MN P p P g even The Honorable Mara Giulianti greater pressures on their infrastructure. Most of the increase will occur in Hollywood, FL The Honorable Merle Gordon cities of poor and less developed nations that are ill equipped to accommodate Beachwood, OH The Honorable Gerald Johnson the magnitude of the human growth. The rapid increase in urban population DeRJ on exacerbates health sanitation pollution public safety and unemployment The Honorable Kenneth P. Johnson > > > Wood Dale, IL problems, making urbanization an issue we cannot afford to ignore. The Honorable Bernard Kempf Boonville, MO The Honorable Scott King Gary, IN Because of the global ramifications of urbanization and rapid population The Honorable Charlie Kou n,jian gr owth I ask y ou to p roclaim the week of October 21 -27 2001 as World Jamestown, ND gr owth, y 1> > The Honorable James Ledford Population Awareness Week. In 2000, the week was proclaimed by Palmdale, CA The Honorable Patrick Long g0verl' of 32 states, as well as mayors of more 'than 315 United States c.tics, Carlisle, OH The Honorable Nick Mason and co- sponsored by 231 organizations in 63 countries. Northfork, WV The Honorable Joseph Migliorini Macedonia, OH The time has come for us to redouble our voluntary and humanitarian efforts to The Honorable Billy G. Moore San Marcos, Tx stabilize population growth at sustainable levels, while at all times respecting The Honorable Edwa Ro Falls, Mulvane the cultural and religious beliefs and values of all citizens. I sincerely hope The Honorable Walter Parker ou will join this worldwide effort. Tybee Island, GA y The Honorable Julie Partansky Davis, CA The Honorable Abe Pierce With Appreciation, Monroe, LA The Honorable Edward Randolph Alexandria, LA The Honorable Joe Rice Glendale, CO The Honorable Julio Robaino South Miami, FL The Honorable Joyce Rogers Inverness, FL The Honorable Herbert Schaefer South Bethany, DE Werner Fornos Charles F. Tooley, Chair The Honorable Mark Schwn President Mayor of Billings, MT , Rock Islan IL L The Honorable Leni Sitnick Asheville, NC The Honorable George Waters National City, CA ® Committee still in formation E -mail: web @populationinstitute.org Website: http :/(www.populationinstitute.org Printed on recycled paper. City Council Agenda Item No. 7 1 PRESENTATION TO THE CITY COUNCIL MONDAY, AUGUST 27, 2001 Madam Mayor, City Council Members and city staff. My name is Donn Escher and I am appearing before you this evening in my capacity as Chair of the Brooklyn Center Financial Commission. I wish to address our Commission's two proposals for Council consideration: one, to establish a Street Light Utility in Brooklyn Center and the other, a revision to the City's Investment Policy. Before I speak to our Commission's proposal, it is appropriate for me to inform our citizens that the Financial Commission is composed of seven members - all residents of Brooklyn Center who serve on the Commission on a volunteer basis. We have been appointed by the Mayor and confirmed by the City Council. Our purpose is to serve as an advisory body to assist the City Council in evaluating and developing fiscal policies, fiscal procedures, budgetary and capital matters and such other issues as may be assigned by the City Council or referred to it by the City Manager. The Commission also has the authority to identify and recommend matters to the City Council for Commission and /or city staff review. STREET LIGHT UTILITY PROPOSAL Following considerable research and discussion, the Financial Commission at its meeting on August 9, 2001, voted unanimously to recommend to the City Council the adoption of a Street Light Utility assessment. Such assessments are very common in most cities and can be compared with our current assessments for water, sewer, recycling, etc. And, the City possess the authority to do so under MN Statutes 412.321 (Municipal Utilities). Why is this needed? We have heard much out of St. Paul and from our state politicians regarding tax rebates and reduced property taxes. However, what has not been stressed from these sources, is that State Aids to cities are being "mst� hard hit b reduced. Cities such as Brooklyn Center ` - y III;' -be this policy decision at the State level. This means tharour City Council will have to fund from the Operations Budget items, which previously have been funded, in part, b the State. In so doing, the routine responsibilities of City Government such Y g� p Y street lighting and maintenance will suffer if some other source of funding is not established. At the present time, nearly $140,000 per year is spent on street lighting activities, which includes the purchase of electrical power maintenance and depreciation. Additionally, new street lighting associated with our streets and boulevards must also be funded from this same source. It is expected that costs for lighting will considerably increase over the next few years. It should also be noted that property taxes do not provide for capital improvements to the lighting system of the city. It is our proposal that the City Council establish a Street Lighting Utility, which will make up for the loss of State Aid and protect our Operational Budget for other necessary services. It should be understood that under State law, the monies collected for such a Utility Fund can only be used for that purpose. The monies cannot be used for other purposes other than for what they have been collected. City staff prepared a draft proposal of assessment costs for the Commission to review. The Commission did not take action on these suggested assessments because we believe this decision is up to the City Council if it establishes a Street Utility. We did endorse, however, that all properties which benefit from street lighting be included in the assessment. This includes: single family dwellings, multi- family dwellings, townhouses, condos, institutions, retail and service -office businesses, industrial buildings parks and open spaces, schools and other non - profit organizations. The City Manager and his staff can provide the details on this for the Council. In closing this part of my presentation, it should be understood that this proposal would affect each member of the Commission if implemented by the Council. While none of us likes to pay more than we have to for City services, it is our collective judgment as Commission members that this is the right action to take at this time. + + +++ + ++++ ++......11111111111111 ....... INVESTMENT POLICY PROPOSAL The second item for presentation this evening by the Financial Commission relates to the City's current Investment Policy which was adopted by the City Council, following recommendation by the Financial Commission, on March 24, 1997 by Resolution 97 -60. The Financial Commission, at the request of City Manager, Michael McCauley, and Douglas Sell, Director of Fiscal and Support Services, reviewed the current policy. A sub - committee of the Financial Commission met with Mr. Sell and reviewed current policy specifically as it pertains to investments in commercial paper. The sub - committee recommended to the full Commission that the policy be revised to "limit" investments in commercial paper due to the inherent risk associated with commercial paper. Under current policy on all investments, the City generally holds all investments to maturity. This policy, when associated with commercial paper, is risky. The full Commission agreed with the sub - committee recommendation and has proposed a revision of current investment policy to limit such investments to situations where our investments are pooled and professionally managed. An example of this type of arrangement would be the 4M Fund which provides investment opportunity that includes a combination of instruments, including commercial paper, treasuries, government agencies, certificates of deposit, etc. This fund is professionally managed and limits its investments to those that meet the standards of the provisions set forth in MS Chapter 118A and the clients they serve. This policy change will permit the continued acquisition of commercial paper, but limits the venues under which such purchase activity can take place. If you have a copy of the policy before you, the recommended change is found on page 6, item 2. The last sentence in that paragraph would implement the proposed change in policy. Either Mr. Mc Cauley or Mr. Sell can go into detail on the effect of this proposed revision and answer specific questions which the Council may have. +++++++++ t- E - +++ +++++ +++ + + +++ + + + + + + +++++ + ++ Thank you! Donn H. Escher, Chair Brooklyn Center Financial Commission 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 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding the zoning classification of certain land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (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: 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 27th day of August 2001. Mayor ATTEST: City Clerk Date of Publication: September 5, 2001 Effective Date: October 6, 2001 (Strikeouts indicate matter to be deleted, underline indicates new matter.) 0 City Council Agenda Item No. Sb Office of the City Clerk Or City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 44^ 4 4ZZW , DATE: August 22, 2001 SUBJECT: Consideration of Private Kennel License Application Submitted by Michael Videen, 6215 Brooklyn Drive, to Keep Three Dogs On June 7, 2001, Michael Videen, 6215 Brooklyn Drive, submitted a private kennel license application to keep three dogs. The application was submitted prior to the effective date of the amended City Code which eliminates private kennel licenses (July 6, 2001, was effective date of Ordinance amendment). The City Manager denied the application for a private kennel license for Mr. Videen, allowing a period of six months until January 12, 2002, to come into compliance with the City Code which allows no more than two dogs to be kept on the premises. On July 19, 2001, Mr. Videen submitted an appeal and has requested a public hearing before the City Council to show cause why the decision should be changed. Attached is a memorandum from the City Attorney's office. Following is a chronological list of events from receipt of Mr. Videen's private kennel license application to request for public hearing. June 7, 2001 Received application for private kennel license from Michael Videen, 6215 Brooklyn Drive, to keep three dogs, along with $30 license fee. Included with license application were copies of certificates of rabies vaccination for each dog. June 11, 2001 Sent memorandum to the Building Official requesting a sanitation inspection be completed and a report submitted. Attached is a memorandum to Building Inspector Larry Martin from Building Inspector Gary Gilpin reporting his findings. June 11, 2001 Sent memorandum to Police Chief Joel Downer requesting a records check to verify any dog complaints. The attached memorandum from Chief Downer indicates no animal complaints or violations. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Memo to Michael J. McCauley Page 2 August 22, 2001 June 14, 2001 Mailed notice of receipt of application for private kennel license to owners of property within 150 feet of the applicant's property as required by City Ordinances Section 1- 105.5a. Mailed notice to the owner /applicant. June 20 through June 28, 2001 Received five written responses; 2 affirming approval; 3 denying approval. July 11, 2001 City Manager sent letter to owner /applicant denying application for a private kennel license and allowing until January 12, 2002, to come into compliance with the City Ordinances. July 12, 2001 Mailed notice of denial of application for private kennel license to owners of property within 150 feet of the applicant's property as required by Section 1- 105.5b. July 17, 2001 City Manager sent letter to owner /applicant explaining appeal process. July 19, 2001 Received written appeal from Mr. Videen requesting a public hearing before the City Council. August 10, 2001 Mailed notice of public hearing to owner /applicant and owners of property within 150 feet of the applicant's property. June 13, 2001 Published public hearing notice in the Brooklyn Center Sun -Post setting date and time for public hearing as August 27, 2001, at 7 p.m. or as soon thereafter as the matter may be heard. Council Action It is requested that the Mayor open the public hearing, take public comments, close the public hearing, and then render a final decision to affirm, reverse, or amend the City Manager's decision to deny a private kennel license for Michael Videen, 6215 Brooklyn Drive. Attachments MEMORANDUM TO: Charlie LeFevere FROM: Mary Tietjen DATE: August 16, 2001 RE: Private Kennel License Application City of Brooklyn Center Facts On June 7, 2001, Michael Videen, a resident of Brooklyn Center, submitted an application for a private kennel license. At the time Mr. Videen submitted his application, the City Code allowed private kennel licenses pursuant to the discretion of the City Manager, with review available by the City Council. Effective July 6, 2001, the City Code was amended to eliminate private kennel licenses. On July 11, 2001, the City Manager sent a notice of denial of the application to Mr. Videen. On July 17, 2001, the City Manager sent a letter to Mr. Videen explaining the appeal process. On July 19, 2001, Mr. Videen sent a letter to the City Manager indicating his interest in appealing the denial to the City Council. A public hearing is scheduled for August 27, 2001. Issues May the City retroactively apply the amended Ordinance to Mr. Videen's application for a private kennel license? Short Answer: Yes. Retroactive application of an amended ordinance is allowed where the applicant does not have vested rights. Does Mr. Videen have a "vested right' ' in the private kennel license? Short Answer: No. A mere application for the license does not create vested rights. Discussion As a preliminary matter, there is no question that the City's amended ordinance eliminating the private kennel license is valid. A city has authority to both regulate the use of private property and, in particular, the keeping of dogs on residential property. See Minn. Stat. § 412.221, subd. 21 (power to regulate keeping of animals); subd. 32 (power to provide for the protection of private property); Holt v. City of Sauk Rapids, 559 N.W.2d 444 (Minn. App. 1997) (ordinance limiting the number of dogs per residential unit is constitutional). The issue of whether an amended ordinance can be retroactively applied has typically been analyzed by the courts in the context of zoning and the issuance of building permits. The general rule of law allows for retroactive application of an amended ordinance, unless the amended ordinance was enacted as "special legislation" in an attempt to frustrate, a developer's plans to lawfully use his property. Interstate Power Co. v. Nobles Countv Board of Commissioners, 617 N.W.2d 566, 576 (Minn. 2000). Courts have upheld the retroactive application of an amended zoning ordinance MDT- 201825v1 BR291 -4 when the amended ordinance precluded the use applied for before the amendment. See Almquist v. Town of Marshan, 308 Minn. 52, 245 N.W.2d 819 (1976) (the rule in most jurisdictions permits the retroactive application of a zoning regulation to deny a building permit for which application was made prior to the effective date of the new ordinance); Properly Research and Dev. Co. v. City of Eagan 289 N.W.2d 157 (Minn. 1980) (amendment to zoning ordinance made after a property owner sought approval of a preliminary plat for the construction of single - family dwellings which precluded the proposed use, was not subject to a mandamus action even assuming the city improperly denied approval of the plat); Rose Cliff Landscape Nursery v. Rosemount, 467 N.W.2d '641 (Minn. Ct. App. 1991) (landowner lost whatever right it may have had to approval of its building permit application and site plan when zoning ordinance was amended to preclude the proposed use). However, if a developer has proceeded to a point where it has obtained "vested rights," application of the amended law may be prohibited. See Property Research, supra Kiges v. City of St. Paul, 240 Minn. 522, 62 N.W.2d 363 (Minn. 1953). The Minnesota Supreme Court set out the conditions which give rise to a vested right: "[A] right becomes vested when it has arisen upon a contract, or transaction in the nature of a contract, authorized by statute and liabilities under that right have been so far determined that nothing remains to be done by the parry asserting it ... Nevertheless, in zoning cases decided under this theory, we have held that the mere possession of a building permit, the incurring of some expense and assumption of obligations preliminary to construction, such as excavation, create no vested right ... Neither do expenditures associated with the acquisition of the property." Jaska v. City of St. Paul, 309 N.W.2d 40, 44 (Minn. 198 1) (quoting Ridgewood Development Co. v. State, 294 N.W.2d 288 (Minn. 1980)). Although there are no cases specifically involving entitlement to private dog kennel licenses, the courts have held that there is no property right in a liquor license because the licensee's interest in renewal of his liquor license does not rise to the level of a "legitimate claim of entitlement" protected by the Fourteenth Amendment Due Process Clause. Flesner v. City of Elv, 863 F.Supp. 971, 979 -80 (D. Minn. 1994); Paron v. City of Shakopee, 32 N.W.2d 603, 608 (Minn. 1948) (an expired license confers no rights upon the former license); see also State v. City of Austin, 75 N.W.2d 780, 784 (Minn. 1956) (no person can acquire a vested right to continue, when once licensed, in a business ... which is subject to control and regulation under the proper exercise of a municipality's police power). In addition, one who is merely an applicant for a liquor license has no vested interest which the courts are able to protect. Paron 32 N.W.2d at 609. In the present case, the City may retroactively apply the amended Ordinance to Mr. Videen's application for a private kennel license. (It doesn't have to, of course, but it lawfully may.) The change in the law occurred before a license was granted to Mr. Videen. Even if the ordinance had been amended after the license was issued, there might be an argument that the City could nonetheless retroactively apply the amended ordinance. Also, Mr. Videen had no previous license and, thus, there is no question about whether he has an ongoing property interest. Mr. Videen was in violation of the ordinance before he even applied for the license. He has no vested rights in a license based solely on his application for one. Further, the City did not amend the Ordinance to eliminate the kennel licenses for the sole purpose of denying Mr. Videen's application. MDT- 201825v 1 BR291-4 i The ordinance applies to all license applications. If the courts allow cities to retroactively apply an amended zoning ordinance to a developer who has already either applied for or obtained a building permit and expended funds on a project, it is my opinion that a court would allow the City in this case to retroactively apply its ordinance eliminating private kennel licenses to an individual who has applied for a license under the prior ordinance. Please let me know if you have any further questions related to this matter. • MDT- 201825vl BR291.4 City of Brooklyn Center 6301 Shingle Creek Pkwy. 55430 -2199 (763) 569 -3300 License Application Private Kennel Annual Fee: $30 Annual Expiration: September 30 Purpose: To provide the owner of more than two dogs or more than three cats exceeding six months of age residing in the family dwelling unit or on the family premises a period of time, not to exceed three years, in which to find a place where the animals can be legally, safely, and humanely harbored. Date: OWNER (APPLICANT) Name: cu Last First Middle Address: /�� (Street Address, City, State, Zip) Telephone Number: 76 70 Attach a sketch or drawing with this application describing the cstruon an �r e the proposed kennel, or, if the animals are to be confined within the , , t on .;� .. cti n r funi y „dwelling,u ,' M � . in the space provided. Indicate the number of animals together with their name (if y) age; abr�ed; at�'('#i Tonal sheets if necessary). Nom. k... , .; ` AcE SAX; . . S r �J 1. � 1 Page 1 of 2 (complete back side also) The undersigned hereby applies for a private kennel license and acknowledges receipt of a copy of City Ordinance Sections 1 -101 through 1 -120 and attests the subject premises will be operated and maintained according to the requirements contained therein. Submitted with this application is proof of current rabies vaccination, City dog license for each animal, and the license fee in the amount of $30.00. being first duly sworn, upon his/her oath deposes and says that he /she is the erson who has executed the fore foregoing application P g g and that the statements made therein are true of his/her own knowledge and belief. Signature of Applicant Signature and sworn to before me this `� day of ODD Notary Public County My Commission expires MAM A R M A IyMMy- SHARON L. KNUTSON NOTARY PMUC- MINNESOTA My a mawm Expice IM 31.2006 s Page 2 f g o 2 I 06/07/01 THU 16:11 FAX 16123234789 Ramsey Animal Hospital 11001 k ; V'! 'fl44 j �iiw� vM1 I 'n - 1z 01j; it'll" �Xt' F ii - r4 " .._,. ..s .,. .._.f t.n ..:::.,. .,.._,:tits_ ,_..::.. .;- •, t §.. .r. ,..., -. lit (.t..t�ut., +tl .. . +...3. :.Y.t Y���� 'NS:ii'TW!.h - ----- ----- VETERINARY CLINIC OWNER OF ANIMAL Ramsey Animi: I Hospital Tracey & Michael Videen 14027 St. Frar -is Blvd. 6215 Brooklyn Drive Ramsey, NIN ': 0 5303 Brooklyn Center, MN 55430 763 323-41338 612 566-9704 Patient infom ation: PATIENT: Oz TAG NO: 00-14847 SPECIES: Car ine SEX: Neutered Male BREED: ChIht ahua Mix AGE: 24 months COLOR: Blac c and Tan WEIGHT: 15.00 This is to certit THAT I HAVE (ACCINATED AGAINST RABIES, THE ANIMAL DESCRIBED ABOVE. Signed Dr. David L.. Sil L erman, D.V.M License: 081-74 . ..... -- --------------- . ....... . ...... . ....... . ................. Rabies Vaccir a Information Date of Rabie.c Vaccination: 09-30-00 Next Rabies V iccination Due On: 09-30-02 Current Rabile , Tag Number: 00-1 4847 MFG BY: RHO qE SER 12293 LOT EXP: 8 -1 i -01 ADM: SQ Vaccinations i lone on Expires on 09-30-00 D': c Bordetella, Annual 09-30-01 09-30-00 D. Rabies Canine, Two Year, #00-14847 V-30-02 09-30-00 D,' • DHLPP, Annual 09-30-01 10-09-99 D,:; DHLPP, Booster Ann 10-08-00 09-11-99 il'. Rabies Canine, One Year 09-10-00 09-11-99 &1 DHLPP, Second 10-02-99 07-02-99 S1 E DHLPP, First 07-23-99 06/07/01 THU 16:12 FAX 16123234789 Ramsey Animal Hospital Z 002 ;:.,,; . CthYtl: ?iir'df ^, Y,'!:iIYN;� r., ;?r: +!r Nn:: s °:r::P?":c,,;: e!Hl°nl. ..WIN « ...I ,a:, _laze, 1 ••,: "AjF!!, s+ «_'-..r, �tq t riaii!f:,. «rf ^ %h•' ':€t » Tf. � "a :i i9c:: :n:: t . ii • .e%` -ri sir - - ,S,i, . t ' r. :�,nld x:4• rt•C .:�" .z.c:; _.7 �r "�" i'i,t ry - - "'i''' - it .r d'.. .it;lt.,::• _�.i:,> P3iS °e _ ;itii: %�'!' - .. I..,, 6iti;• 's: t ^d f.. . t t 'tit :.LF :i ?ASi3 t i,: .. i r r a :tIL 9.e x tS,Ey, u ..�.. � 4�: 4,t :fi .sit iii •..{ 1 ri �I .` �:�; •!�q ,. .......... tmr ........... .:_. , ,..,........, ... , � .,, ._.:::_.,.:.... s... :.. « f, , , ..17 -. . 1.. ..0 �.. -,- _ �'. r,rrr� ,9rir. ,.3., _taA, iC�t.t...t srz: - ri4:_lt,�t,f.. •,S'.:.C.,�.t.in` °:IV' :..i: ...LI�In..:'< Pi,+, �c•^: „ .. , d' ,:. ;; , ;i *;iti VETERINARY CLINIC OWNER OF ANIMAL Ramsey Animi it Hospital Tracey & Michael Videen a 14027 St. Frar cis Blvd, 6215 Brooklyn Drive Ramsey, MN :6303 Brooklyn Center, MN 55430 763 323-4338 612 566 -9704 Patient in ation: PATIENT: Am a TAG NO: 01 -16032 SPECIES: Car ine SEX: Female BREED: B�oxe • AGE: 16 weeks 1 COLOR: 1 °ads' d Brindle WEIGHT: 22.50 This is to certif- THAT I HAVE /ACCINATED AGAINST RABIES, THE ANIMAL DESCRIBED ABOVE. Signed : �, ,�►� - i Dr. David L. Sil ierman, D,V.M License: 081 -74 j Rabies Vaccir a Information... Date of Rabies: Vaccination: 05 -05 -01 Next Rabies V. tecination Due On: 05 -05.02 Current Rirbie, c Tag Number: 01 -16032 MFG BY: RHO +lE SER.N 9: 12293 LOT EXP: 3 -1 - 1'-0 1 ADM: SQ Vaccinations (, one on... Expires on... 06 -02 -01 D:: DHLPP, Booster Annual 06 -02 -02 06 -02 -01 D:: Lyme Disease, Second 06 -02 -02 05 -05-01 D: Lyme Disease, First .. 05 -26 -01 05 -05-01 D:. Bordetella, Annual 05 -05 -02 05 -05 -01 D: Rabies Canine, One Year, #01 -16032 0505-02 05 -05 -01 D: DHLPP, Third 05 -26 -01 04 -14 -01 D:: DHLPP, Second 05 -05 -01 • 03 -23 -01 •”' DHLPP, First 04 -13 -01 06/07/01 THU 16:13 FAX 16123234789 Ramsey Animal Hospital 19 003 s 4 E?. dA! s}: x iA M. u« ;.rt'NG:t:•�Nkh:; y ,y t •. " IA N rr .y, . ku.. °l.i:t'�;: , „.. , ,._r ->. [ �. . + �lisltli�il'•iv •xc`a t s ":�D - .: 1:'c�^ •.i.l.i - t ` • FS � s '!fir” —• . <a "[cl ,.S :a i:.3'• 3: .x y +'J I 3_ . [,t .. . �. .x � Vii: .Itlp - i :.S h ..-. -. ,wA.. e�Jl . f . ks., ..tks - -• -kp +k. «� s' •'::: — nS., • [i ^�i:3 =�r�� u' + "rrrai 'I ate,,... E•. S.:cii_ : : ,l ..� .. € , �, � �i L. a ..[...,. �In ^ �::. :lur.,—,:GS�.S:r:� ?::: _ , � ..��,— .— �,�....�... . ,.—�.. ,.,., .. •� _JL nrle,..,,•m,:n`1;+a._ _......>..'sm:. +.,.:F: +it. Sc� - �' • —. VETERINjkRY CLINIC OWNER OF ANIMAL Ramsey Anim,: I Hospital Tracey & Michael Videen 14027 St. Frar cis Blvd. 6215 Brooklyn Drive ! Ramsey, MN ;:15303 Brooklyn Center, MN 55430 �! 763 323 -4338 612 566 -9704 Patient inforr>•: ation: PATIENT: Wllll :�w TAG NO: 99 - 12315 SPECIES: Car ine SEX: Spayed Female j BREED: B'oxw - Mix AGE: 3 years COLOR: Brine Ile and White WEIGHT: 47.50 This is to certif, ... ` THAT I HAVE fACCINATED AGAINST RABIES, THE ANIMAL DESCRIBED ABOVE. Signed i Dr. JH License: ......... . ...... -o. .... r.. ..... w--. s-.00-- r.-.N---M -.00..osso--r..- u-o-ow.:....... - .............. Rabies Vaccim : Information... Date of Rabies Vaccination: 09 -11 -99 Next Rabies V.: ccination Due On: 09 -10 -01 Current Rabie:c Tag Number: 99 -12315 MFG BY: PFIZE: SER.NfS 173918080 LOT EXP: 4 -21 00 ADM: SQ Vaccinatioats d )ne on... Expires on... 09 -30 -00 DS Bordetella, Annual 09 -30-00 DS Lyme Disease, Annual 09 -30 -01 09 -30 -00 DS DHLPP, Annual 09 -30-01 09 -11 -99 JH Rabies Canine, Two. Year 09 -10 -01 10 -12 -98 DS Parvo Virus Vaccination 05 -30 -98 09 -14 -98 DS DHLPP, Booster Annual 09 -14 -99 09 -01 -98 DS Lyme Disease, Second 09 -01 -99 08 -24 -98 DS Rabies Canine, One Year 08 -24 -99 08 -24 -98 DS DHLPP, Third 09 -14-98 08 -11 -98 DS Lyme Disease, First 09 -01 -98 CITY OF BROOKLYN CENTER C IER: CDS TERMINAL NO: 784 06/07/01 TIME: 15:52:56 ID: NAME: VIDEEN, MICHAEL 9001 3150 PRIVATE KENNEL LI 30.00 Total Receipt Amount: 30.00 RECEIPT #: CR066986 USER ID: REGISTER ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** S Office of the City Clerk City y f Brooklyn Center A Millennium Community Sharon Knutson City Clerk MEMORANDUM TO: Larry Martin, Building Official FROM: Sharon Knutson, City Clerk DATE: June 11, 2001 SUBJECT: Private Kennel License Application for 6215 Brooklyn Drive On June 7, 2001, I received an application for a private kennel license from Michael Videen, telephone number is 763 -566 -9704, to keep three dogs. Attached is a copy of the application. City Manager Michael McCauley requests a sanitation inspection by the inspection department be i completed. Please submit the report to me by June 19, 2001. Should you have any questions relevant to this inspection, please call me. Thank you for your cooperation. Attachment cc: Brad Hoffman 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 MEMORANDUM TO: Larry Martin, Building Official FROM: Gary Gilpin, Building Inspector DATE: M& RE: Private Kennel License Application for 6215 Brooklyn Drive On June 18, 2001, I conducted a health and comfort inspection at 6215 Brooklyn Drive, the residence of Michael Videen, for a private kennel license. Upon questioning the homeowner, I was told the house has Three people residing in the home and that the three dogs spend a majority of the time inside. Upon walking through the home (approximately 1000 sq. ft.), I found it to be adequately maintained. The overall condition of the yard will be fine. A four foot chain link fence encloses the back yard. I was able to talk to one of the neighbors to find out if there were any complaints or issues with dogs and he had none. CC: Brad Hoffinan, Community Development Director Sharon Knutson, City Clerk Office of the City Manager ox City of Brooklyn Center A Millennium Community Michael I McCauley City Manager MEMORANDUM TO: Joel Downer, Chief of Police FROM: Michael J. McCauley, City Manager DATE: June 11, 2001 SUBJECT: Private Kennel License Application for 6215 Brooklyn Drive On June 7, 2001, an application for a private kennel license was received from Michael Videen, 6215 Brooklyn Drive, to keep three dogs. A copy of the application is attached. Please provide me with a memorandum regarding any dog complaints on record under the owner /address Michael Videen, 6215 Brooklyn Drive. Thank you for your cooperation. Attachment s 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 ��pOKLYN CE1yT BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager ty g Michael McCaul FROM: Joel Downer, Chief of Police DATE: June 12, 2001 SUBJECT: Private Kennel License Application for 6215 Brooklyn Drive Records from the Brooklyn Center City Assessor indicate that Michael Videen has owned the property at 6215 Brooklyn Drive since May 9, 1998. The police department has not received any dog complaints nor responded to any calls associated with this owner or address since he purchased the property. JD:dh kenviden.mem. Office of the City Clerk *T City of Brooklyn Center A Millennium Communit Sharon Knutson City Clerk June 14, 2001 Mr. Michael Videen 6215 Brooklyn Drive Brooklyn Center, MN 55430 RE: Private Kennel License Application Dear Mr.. Videen: Your application for a private kennel license, license fee, and proof of current rabies vaccination for each dog has been received by the City of Brooklyn Center. Within the next fourteen (14) days, the City inspector will visit your home to complete a health and sanitation inspection. Please be advised the enclosed notice /survey has been mailed to area property owners within 150 feet of your home. The City Manager will consider your application for a private kennel license and either approve or deny it based on the City inspector's report and any written comments from you or affected persons. You will be notified of the City Manager's decision. Should you have any questions relevant to your private kennel license application, please call me at 763- 569 -3306. Sincerely, JVW �AJWk Sharon Knutson City Clerk Enc. cc: City Manager Michael J. McCauley 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number IN Brooklyn Center, MN 55430 -2199 _ (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community June 14, 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Michael Videen 6215 Brooklyn Drive, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Michael Videen to keep three dogs on his property at 6215 Brooklyn Drive? (please circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Address Signature Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 I City of Brooklyn Center A Millennium Community June 14, 2001 RECEIVED NOTICE OF RECEIPT OF APPLICATION JUN 2 0 2001 FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Michael Videen 6215 Brooklyn Drive, Brooklyn Center, Minnesota City Ordinance Section 1- 105.1 a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Michael Videen to keep three dogs on his property at 6215 Brooklyn Drive? (please circle) Yes Q ased on the following (please circle): excessive dog feces in yard excessive do,,b„ki ogs rte dogs running -at -large Other ce ents specs, c ly related to the keeping of the dogs: Name Address! Signature Please mail this survey to City Clerk, Cityrof Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 a (763) 569 -3400 City hall & TDD Number (763) 569 -3300 - FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center ® A Millennium Community June 14, 2001 R E CEIVED NOTICE OF RECEIPT OF APPLICATION JUN 2 0 200' FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Michael Videen 6215 Brooklyn Drive, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Michael Videen to keep three dogs on his property at 6215 Brooklyn Drive? (please circle) Yes &ased on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keep Lng of the dogs: J �G aGPS� t , . Name Address Signature-22 �, Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community June 14, 2001 RECEIVED NOTICE OF RECEIPT OF APPLICATION JUN 2 0 2001 FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Michael Videen 6215 Brooklyn Drive, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Michael Videen to keep three dogs on his property at 6215 Brooklyn Drive? (please circle) Yes No ased on the following (please circle): exce ve dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Rree—A 14 4e LI-1. � Address Z- 0 (p )e- Signature �•. Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center OX A Millennium Community RECEIVED June 14, 2001 JUN 2 1 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Michael Videen 6215 Brooklyn Drive, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and-return within fourteen days. Should the City Manager approve a private kennel license for Michael Videen S to keep three dogs on his property at 6215 Brooklyn Drive? (please circle) Yes No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name 9 � Address�s , � 4 efVr Signature '�-- 1 Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX 763 ( ) 569-3494 W:r City Brook y f n Center y AMillennium Community RECEIVED June 14, 2001 JUN 2 8 2001 NOTICE OF RECEIPT OF APPLICATION FOR PRIVATE KENNEL LICENSE Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application for private kennel license to keep three dogs. APPLICANT: Michael Videen 6215 Brooklyn Drive, Brooklyn Center, Minnesota City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14) days of the date of this notice, the City Manager will approve or deny the license application based on the police report and WRITTEN comments by the applicant or any affected person. All information provided in the written comments becomes public information. Notice of approval or denial will be mailed to owners of property within 150 feet of the proposed kennel location. Please complete the following survey and return within fourteen days. Should the City Manager approve a private kennel license for Michael Videen to keep three dogs on his property at 6215 Brooklyn Drive? (please circle) No based on the following (please circle): excessive dog feces in yard excessive dog barking dogs bite dogs running -at -large Other comments specifically related to the keeping of the dogs: Name Addressry� 9 ( Signatures Please mail this survey t ity Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license application should be directed to City Clerk Sharon Knutson at 763 -569 -3306. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 _ FAX (763) 569 -3434 FAX (763) 569 -3494 Office of the City Manager ox City of Brooklyn Center A Millennium Community Michael I McCauley City Manager July 11, 2001 Mr. Michael Videen 6215 Brooklyn Drive Brooklyn Center, MN 55430 Dear Mr. Videen: Your application for a private kennel license dated June 7, 2001, is denied based on the lack of any special circumstances that would justify a three -year keeping of more than two animals. I have also reviewed the comments of neighbors and the concerns with respect to excessive dog barking. I will provide you with a six -month period until January 12, 2002, within which to bring the number to conformance with the City ordinance limiting the number of dogs to two. You should also be aware there are other City Ordinances that require Brooklyn Center residents to q Y control barking and other nuisai}ces generated by the keeping of pets, such as dogs, on their property. We expect all citizens will be in compliance with these requirements. Dog owners are particularly responsible for barking of their dogs and causing a nuisance to their neighbors. Should you have any questions with regard to this matter, please call City Clerk Sharon Knutson at 763 - 569 -3306. Sin , Michael J. MCC ey City Manager MJM:sk 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 - (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 City of Brooklyn Center A Millennium Community July 12, 2001 NOTICE OF DENIAL OF APPLICATION FOR PRIVATE KENNEL LICENSE TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has denied an application for private kennel license to keep three dogs for Michael Videen, 6215 Brooklyn Drive, and has allowed Mr. Videen until January 12, 2002, to come into compliance with the City Ordinances which require no more than two dogs on the premises. The City Manager based his decision on the intent of the City Ordinances to limit the keeping of animals in residential areas and surveys received from neighbors. Questions or concerns regarding the private kennel license application denial should be directed to City Clerk Sharon Knutson at 763 -569 -3306. JLU)C�� Sharon Knutson 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Office of the City Manager ox City of Brooklyn Center A Millennium Community Michael I McCauley City Manager July 17, 2001 Mr. Michael Videen 6215 Brooklyn Drive Brooklyn Center, MN 55430 Dear Mr. Videen: On July 11, 2001, I denied your private kennel license and granted a period of six months until January 12, 2002, within which to bring the number of animals in conformance with the City ordinance limiting the number of dogs to two. You may file an appeal to the City Council requesting reconsideration of your private kennel license application. To institute the appeal process, you must submit to my office, within 14 days of receipt of this notice, a written request for a hearing before the City Council. Since the City ordinance has been changed to eliminate kennel licenses, we do not have a definitive opinion yet from the City Attorney as to exactly how the new ordinance and the old ordinance are to be reconciled in a case like this where the denial of the license under the old ordinance is appealed after the date of the new ordinance. Should you choose to file an appeal, you will be notified of the opinion of the City Attorney regarding the appeal as part of the materials that will be submitted to the Council for an appeal. Since Michael J. McC 1 City Manager MJM:sk 6301 Shingle Creek Parkway • • • Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 6215 Brooklyn Drive Brooklyn Center, MN 55430 July 19, 2001 Mr. Michael J. McCauley City Manager 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Dear Mr. McCauley, I would like to take this opportunity to Thank You for the time and effort you put into considering our kennel license application we know you are a very busy man. Although we were very disappointed in the decision that was made we also understand why it was made. Of course we don't agree with the decision and would therefore like to formally file an appeal to the City Council for reconsideration of our is private kennel license application and request a hearing before the City Council. Since the private kennel license application was filed under the old City ordinance we hope the City Council will allow us our appeal as defined under the old City ordinance. Sincerely, Michael Videen City of Brooklyn Center A Millennium Community August 10, 2001 NOTICE OF PUBLIC HEARING Monday, August 27, 2001 Council Chambers City Hall 7 p.m. (or as soon thereafter as the matter may be heard) TO WHOM IT MAY CONCERN: Please take notice that the City Manager of the City of Brooklyn Center has received a written request for a public hearing before the City Council to show cause why the City Manager's decision to deny the private kennel license submitted by Michael Videen, 6215 Brooklyn Drive, to keep three dogs should be changed. The City Council will make its decision based on the City inspector's report, Police records, any written comments by the applicant and any affected persons, and anyone wishing to address the Council at the public hearing. Attendance is not required; however, if you would like to express your concerns or comments directly to the City Council, you are encouraged to attend. If you are unable to attend the City Council meeting, written comments should be directed to the City Council,.c /o City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. If you previously submitted written comments to the City Manager, they will be forwarded to the City Council. Following the public hearing, the City Council shall render a final decision affirming, amending, or reversing the City Manager's decision. Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson at 763 -569 -3306. J" ( - I XA W—UC Sharon Knutson 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 Office of the City Clerk City of Brooklyn Center 0 K A Millennium Community Sharon Knutson City Clerk August 27, 2001 Mr. Michael Videen 6215 Brooklyn Drive Brooklyn Center, MN 55430 RE: Request for Public Hearing Dear Mr. Videen: Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your property. As stated in the notice, the public hearing will be held on Monday, August 27, 2001, at 7 p.m. or as soon thereafter as the matter may be heard. You are not required to be present at the public hearing, but you may wish to attend so you can answer any questions the City Council may have. Should you have any questions relevant to the public hearing, please call me at 763 -569 -3306. Sincerely, Sharon Knutson, CMC City Clerk Enclosure 6301 Shingle Creek Parkway • • • Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 ))1 City Council Agenda Item No. 9a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speci x ist / .�- Subject: City Council Consideration Item - Planning Commission Application No. 2001- 016 Date: August 22, 2001 On the August 27, 2001 City Council Agenda is Planning Commission Application No. 2001- 016 submitted by Herbert A. Margolis requesting Preliminary Plat approval to combine and divide 13.957 acres of land located east of Brooklyn Boulevard between I -94 and 69th Avenue North into two lots. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -016 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 August 16, 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 7 -26 -01 City Council Action Should Be Taken By 9 -25 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -016 Applicant: Herbert A. Margolis Location: East Side of Brooklyn Boulevard Between I -94 and 69th Avenue North Request: Preliminary Plat The applicant, Herbert A. Margolis on behalf of Bri-Mar Company, Inc., is seeking preliminary plat approval to combine and divide 13.957 acres of land located on the east side of Brooklyn Boulevard into two lots for the Brookdale Dodge automobile dealership and the Luther Brookdale Mazda dealership (formerly Ryan Olds). The property under consideration is zoned C -2 (Commerce) and includes the former Total Gas Station site, the Big Wheel Auto Parts store, the Car X/Pit Stop site, Brookdale Dodge and Brookdale Mazda. It is surrounded on the west by Brooklyn Boulevard; on the north by 69 Avenue; on the east by R -1 and R -3 zoned property; and on the south by I -94 right of way. BACKGROT TNT) For a number of years, the City and Hennepin County have pursued the widening of Brooklyn Boulevard from 65 Avenue on the south to approximately 71 Avenue on the north. The widening of this roadway necessitated the acquisition of certain properties, or portions of pro on the east side of Brooklyn Boulevard north of I -94. In the area between I -94 and 69 Avenue this has meant the total taking of Pilgrim Cleaners, Total Gas, Big Wheel Auto Parts, and Pit Stop Oil Change. All of these buildings have been removed from their respective sites. Negotiations are nearing final completion on the acquisition of the Car X property and this building should be removed in the near future. Partial takings of the Brookdale Mazda and Brookdale Dodge properties have also been accomplished. The Brooklyn Boulevard widening project includes a center median to be constructed from I -94 up to 70 Avenue with breaks at the freeway ramps and 68 and 69 Avenues. The construction of the center median would result in only right in/right out access for the Brookdale Mazda site. A series of complex negotiations between the City, the County and the various affected property owners has resulted in an agreement that calls for the redrawing of property lines along with appropriate easement agreements that will allow the two automobile dealerships to have full access at a signalized intersection at 68 and Brooklyn Boulevard. The proposed plat reflects the resulting property changes. In effect, the remaining land from Total Gas, Big Wheel Auto, Pit Stop and Car X sites, will be attached to the Brookdale Dodge property, while the southerly leg of the Brookdale Dodge property will be attached to the Brookdale Mazda property, squaring out that site and allowing full access to the 68 and Brooklyn Boulevard intersection. • 8 -16 -01 Page 1 The current Brookdale Dodge showroom, which is located on a portion of the property to be attached to Brookdale Mazda, will eventually be demolished and a new facility for Brookdale Dodge will be built. Planning Commission Application No. 2001 -017 comprehends the site and building plan/special use permit approval necessary to accomplish these changes. The proposed plat is made up of portions of five properties that would be replatted into two lots and an outlot to be known as the Bri-Mar Addition. Right of way for the expansion of Brooklyn Boulevard (County Road No. 152) will be dedicated with the plat and is shown. An expanded right of way area is provided for opposite 68 Avenue to provide an intersection type access to the two proposed lots. Lot 1 will be the site of the Brookdale Dodge dealership and is proposed to be 267,588 sq. ft. (6.35 acres). Lot 2 will be the site of Luther Brookdale Mazda and is proposed to be 304,599 sq. ft. (6.993 acres). A 30 ft. by 26 ft. outlot (proposed Outlot A) is established to house PCA monitoring equipment in a shed surrounded by a 6 ft. high chain link fence on the former Total Gas property. This structure will be located there on a temporary basis while monitoring takes place. Cross access between the Dodge and Mazda dealerships (proposed Lots 1 and 2) will be established as part of an agreement between the various parties. Said access easement agreement should be filed with the plat. The City Engineer is reviewing the preliminary plat and will be making written comments, which will be attached for the Commission's review. Copies of the preliminary plat have been forwarded to Hennepin County and MNDOT for their review because Brooklyn Boulevard is a county road and the plat abuts highway right of way. Comments received from these agencies will also be passed on. No on site water detention is planned for this area as water will be conveyed to a regional facility located in the Palmer Lake basin area. The particulars of such plan for the Brookdale Dodge dealership have been reviewed and approved by the Shingle Creek Watershed Management Commission. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. REC'.OMMRNT)ATTON This preliminary plat appears to be in order and approval is recommended subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Cross access agreements between the proposed Lots 1 and 2 shall be filed with the final plat. • 8 -16 -01 Page 2 - • � _ i • Y U �t ■ V I kill mom oor fi 111 N 1 9 IT �'.. .. �■"',.. maids MEMORANDUM DATE: August 15, 2001 TO: Ron Warren, Planning and Zoning. Specialist FROM: Todd Howard, City Engineer SUBJECT: Preliminary Plat of BRI MAR ADDITION The Engineering Department has reviewed the subject preliminary plat. Comments are as follows: • Outlot A houses a groundwater treatment system for the Total Gas Station previously occupying the site. It is not known how long the remediation work will continue, but a Hennepin County Environmental Specialist thought the remediation would continue for the next. few years. • The improvements occurring to Brooklyn Boulevard include burying overhead electric. In order to accommodate this work, utility easements are required in two locations: a 5'x15' easement along approximately 250 feet south of the joint access onto Brooklyn Boulevard, and a 15'x 15' along the south property line. • The City has not received plans for improvements to LOT 2. The owners should be made aware that future improvements to LOT 2 would be required to conform to the platted boundaries. • The preliminary plat has been reviewed at Hennepin County. The proposed plat does include adequate right of way for ongoing construction on Brooklyn Boulevard. The joint access also conforms to the plan for reconstruction. • The turning movements at the joint access should not be allowed for a minimum of 60 feet from the right of way. An easement or other agreement restricting access must be executed prior to final platting. • The southerly property line borders the Mn/DOT right of way for Interstate 94. Accordingly, a plat has been submitted to Mn/DOT for review. Any comments from the State should be considered at the time of final platting. • Any recommendations or comments of the City Attorney will also need to be considered at the time of final platting. i . 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SSNJ9 O.IM Mr IM r.Y .1 .kNY. Sttl "� y fwx• r wrr r.w.w. r •wwr ., w. R..+• .ww...x « r w r l.ww cwlw TM1 - p rluw Pmp«tra LLC 51NpF two swv[Trx" LLC •eM .wwr r .w.• c -f (we c•+••.wl C/0 Bet Rwe gevnWl. rc cwv�w ss.rf eY snu a s..kw. R.�s Nw,. Rw. N. IE156 y rfe� a •�imu - - • l� n::/Wm"" rn.w..t w 1.1 " - M Iw.f « �• . •) Sunde Land Surveying, LLC. I NI � `x« fe r., • wow � I •rxW nww k /� we �w rYnw.'••Mia ub.�) • Lx. II. rl Yrwr w•rM•r.•.>r Vr x•wwx tM,Mw•Mw MMS wfMi -3.b. of /M!-93b I I ,eeo-m• �. .fw R„ f>..,R�.w),R. ,w>s «ff.r, i City Council Agenda Item No. 9b i MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speci ist C, L J . Subject: City Council Consideration Item - Planning Commission Application No. 2001- 017 Date: August 22, 2001 On the August 27, 2001 City Council Agenda is Planning Commission Application No. 2001- 017 submitted by Herbert A. Margolis requesting a Special Use Permit and Site and Building Plan approval for an 11,000 sq. ft. addition to the Brookdale Dodge automobile dealership at 6800 Brooklyn Boulevard. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -017 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their August 16, 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 8 -3 -01 City Council Action Should Be Taken By 10 -2 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -017 Applicant: Herbert A. Margolis Location: 6800 Brooklyn Boulevard Request: Special Use Permit/Site and Building Plan Approval The applicant, Herbert A. Margolis on behalf of Bri-Mar Company, Inc., is seeking a special use permit and site and building plan approval for an approximate 11,000 sq. ft. addition to the Brookdale Dodge automobile dealership at 6800 Brooklyn Boulevard. The property in question is zoned C -2 (Commerce) and is the site of the proposed reconfigured property for Brookdale Dodge as comprehended by the preliminary plat under Planning Commission Application No. 2001 -016. It is bounded on the west by Brooklyn Boulevard; on the north by the old Pilgrim Cleaner's site, the Brookdale Honda off site lot and 69 Avenue; on the east by R -1 and R -3 zoned property and on the south by the Luther Brookdale Mazda property. The retail sale of motor vehicles is classified as a special use in the C -2 zoning district. The applicant proposes to make an 11,000 sq. ft. addition to the existing Brookdale Dodge service building. This would be to replace the current showroom building. Following completion of the new construction, the old showroom and connecting walkway would be demolished. As indicated in the preliminary plat report, the building and land reconfigurations are the result of extensive negotiations and agreements between the City, the County and affected property owners due to Brooklyn Boulevard widening and redesign plans. When all is said and done, Brookdale Dodge will have a combined showroom, office and service center with access to the 68 Boulevard intersection while Brookdale Mazda will have an expanded lot for additional automobile display and access to this same intersection. AC:CRSSIPARKTNC, Access to the Brookdale Dodge property will be from the newly configured 68 Boulevard intersection. It will be a shared access with cross access easements granted between the Dodge and Mazda dealerships. This will be the only Brooklyn Boulevard access for Brookdale Dodge. Access to the site can also be gained from 69 Avenue North. The new property configuration will allow an expanded parking/display area between Brooklyn Boulevard and the new showroom for Brookdale Dodge. Required parking for the auto dealership is based on multiple parking formulas. 5.5 parking spaces per 1,000 sq. ft. of gross floor area is required for the retail and showroom space (3,415 sq. ft. equals 19 spaces); one . parking space for every 200 sq. ft. of gross floor area is required for the office portion of the 8 -16 -01 Page 1 building (3,158 sq. ft. equals 16 spaces); three parking spaces per service bay and one parking space per each service employee is required for the service repair areas (31 service bays and 28 employees a uals 121 spaces). A total of 156 parking spaces are required for this use. There are q P g p q 468 parking spaces, including handicap parking, on the site which will accommodate required parking plus vehicle display and storage throughout the site. B -612 curb and gutter will be provided around the new parking/display area in front of the new showroom. A new 15 ft. green strip will be provided from the expanded Brooklyn Boulevard right of way line. An existing shed, surrounded by a 6 ft. high chain link fence, is located in the northerly portion of this new parking area. The shed contains PCA monitoring and pumping equipment for the old Total Gas Station operation. This structure will eventually be removed from the site once this activity is completed and will then become part of the parking/display area for Brookdale Dodge. GR AT)TNC'TIDR ATNAC-rF./i TTTT .TTTFS The applicant has provided grading, drainage utility and erosion control plans, which the City Engineer is reviewing. New storm sewer will be constructed westerly of the new building location and contain four new catch basins. This will drain the new parking lot into existing storm sewer that serves the parking lot on the east and north sides of the building. Existing storm and sanitary will be removed and replaced around the perimeter of the new showroom building. The sanitary sewer will connect to existing sanitary sewer on the north side of the building. B -612 curb and gutter will be provided to assist drainage. Concrete parking delineators will be provided at the end of parking lanes and around landscaped areas. The City Engineer is reviewing the drainage, grading, utility and erosion control plans and will be providing written comments. to be attached with this report for the Commission's review. The overall drainage plan does not include on site water retention. Drainage from this site will be directed to a regional storm water pond located in the Palmer Lake basin. This overall drainage plan has been reviewed and approved by the Shingle Creek Watershed Management Commission. T.ANDSC''APTNC'T The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. The plan includes a landscape summary showing the existing landscaping on the site and the applied point value for this landscaping. This 6.35 acre site requires 421 landscape points. The landscape analysis indicates there are 48 existing shade trees, 15 existing pine trees, and six existing decorative trees, which amounts to 579 existing, landscape points. The applicant has been encouraged to provide additional landscape in the nodes on either side of the new green strip to be provided along Brooklyn Boulevard and perimeter and decorative plantings and trees around the perimeter of the new building addition. He has responded to this by proposing four new shade trees (Ash), four new coniferous trees (Colorado Green Spruce), 8 -16 -01 Page 2 one new decorative tree (Indian Magic Crab) and 80 new shrubs (including Anthony Waterer Spirea and Blue Chip Juniper). This would add 105.5 more landscape points to the existing 579 points for a total of 684.5 landscape points. Although the plan does not meet the generally required distribution of landscaping, we feel that the amount of landscaping well exceeds that required and that the plan is acceptable. BT M DTNC� The new showroom office and slight service expansion will be attached to (on the Brooklyn Boulevard side) of the existing service building. The north and south elevations will be rock faced concrete block painted to match the existing. The west, or Brooklyn Boulevard elevation will have aluminum store front windows across most of the face with the exception of where two glass overhead doors will be located leading to the service garage area. Over the store front windows and overhead doors will be an E.I.F.S. band with an E.I.F.S. and glass architectural feature around the main entrance to the showroom. The floor plan shows new showroom space, office space, and a service write up area in addition to four new service bays to be attached to and incorporated into the existing building. T .TCTHTTNG /TR ASH The applicant has submitted a lighting plan showing the photo - metrics and location of new parking lot lighting to be provided. The foot candles shown do not exceed the standards outlined within the City's zoning ordinance. The light standards will be a cut off type of light to direct light down onto the site. The ordinance provision requires that light standards be shielded in such a way as to concentrate illumination on the property. No glare should emanate from, or be visible beyond the boundaries of the property at the prescribed foot candles. The plan submitted appears to be within the parameters of the City Ordinance. The plan shows no location for a trash enclosure on the site. It is assumed that trash will be contained either within the building or the applicant will provide an appropriate location for a trash enclosure to be installed. Roof top and on ground mechanical equipment are also required to be screened from view. The site currently contains a large brick and cedar screen wall around the north and west sides of the property screening the parking lot areas from abutting residential property. This screening device meets the requirements of the ordinance and is in good shape to continue providing necessary screening on the site. �PF�1 P-P--R XU1 - S1AhU1ARDS . This application also involves a special use permit for the expansion/alteration of the existing automobile dealership. It is, therefore, required to meet Section 35 -220 of the City Ordinances (attached). These standards require that the proposed special use permit will promote and • enhance the general public welfare and not be detrimental to or endanger the health and safety of 81601 Page 3 the public; not be injurious to the use and enjoyment of other property in the immediate area, nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with the applicable regulations of the district in which it is located. It is believed that the proposed reconfiguration and expansion of the Brookdale Dodge dealership will not have any detrimental affects on the health or safety of the general public. We do not see this proposal to diminish or impair property values within the neighborhood and in fact see this redevelopment to be a plus. The Brooklyn Boulevard widening project, which is considered to be a public improvement to this area has caused the need to redevelopment various parcels in this neighborhood and this proposal, and the subsequent platting application dividing most of this area into two lots makes sense. At least three curb cuts along the east side of Brooklyn Boulevard will be eliminated and the automobile dealership use of the property does not have significant impact on the traffic in this location. The redevelopment will be constructed and arranged in such a way as not to interfere with the use and development of neighboring property. The site design meets the building, parking, landscaping and setback requirements set forth in City Ordinances. Again, we believe this proposal meets the standards for special use permits contained in the ordinance. A public hearing has been scheduled with respect to this special use permit and notices have been sent to surrounding property owners. RECOMMENDATION The plans are in order and approval is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 8 -16 -01 Page 4 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. A special use permit is granted for the altered automobile sales, display and service operation indicated in this plan. Any expansion or alteration of the use not comprehended by the zoning ordinance nor this approval, shall require and amendment to the special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. ® 13. The old Brookdale Dodge showroom and connecting walkway shall be demolished and removed from the site in conjunction with the occupancy of the new addition. 14. The final plat comprehended under Planning Commission Application No. 2001 -016 shall receive final approval and be filed with Hennepin County prior to the occupancy of the Brookdale Dodge showroom addition. 8 -16 -01 Page 5 . I 1. � TOLEDO AVE H-1 i ... �� TALE EDQ AVE N TOt EDO AV SCOTfAVE sm E O ' F� ' ►T AVE. C -t - REGENT AVE REGENT AY � -'!' � -"- — , ' ::�, t • [ �- `+•. 6100 -- ---- - ' -- --- I I I I a i.A C) QUAIL AvE N. y QUAIL A i � • , 6000 plfA1L AVE N.• � .._ � _ N. -_w -• • • PERRY AVE --C PERRY AVE. N. t •t -t •t 4Y00 PERR CI1A AVE N. ' �� t" * t ° OR ' 4800 RD AVE. N. �►� N09t.E AVE K N081. AVE N 'N• . S 4700 AVE . � .. ---�_ ORAVE.N� t � 4700 AVE — MAJOR AVE.N j 1 (► I Z - MAJOR AVE LEEAVE. 4800 MAJOR ' E m m- LEE AVE N KYLE KYLE AVE N h _ .r— _ JUNE itmE 4400 JUNEAVEN 4300 a +�-7 : / � ►.. p INDUWAAVE t N CB FA) ew-1 _ 4200 vW FF f ~ z b HALIFAX AVE IIIi o - 4100 GRIM Z y iA o �' r N. ' • TG RIME m GRIMES AVE � c _ z 4 000 (�y _ FRANCE AVE. pl � —m � p FRANCE AVE 1221 1 . " � : aeon �' - EW It4o AVE. D E:WING AVE 0 MEMORANDUM DATE: August 15, 2001 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: BROOKDALE DODGE - SITE PLAN REVIEW The Engineering Department has reviewed the subject grading, utility and site plan dated August 2, 2001. Comments are as follows: • The turning movements at 68 Avenue are shown at a distance of 40 feet from sidewalk. This is not acceptable. A minimum of 60 feet is required. The curb should be extended a minimum of 20 feet. • The Shingle Creek Water Management Organization has reviewed and approved the drainage and erosion control plan. Ponding is provided for the site by a regional storm water detention pond located near Palmer Lake. • The plan is generally consistent with Hennepin County's ongoing reconstruction of Brooklyn Boulevard. A permit will be require from Hennepin County for work within the County right of way. Coordination should begin immediately to avoid removing newly installed curb, decorative concrete sidewalk, and facilities for the 68 Avenue signal system. Detailed questions should be directed to Mr. Clayton Nolby, Project Coordinator, at 763 - 745 -7578. The Hennepin County permits section should also be contacted at 763 - 745 -7643. • The proposed new building is shown being served by an existing private sanitary sewer service. Water service is not shown on the utility plan. If modification to the water service is required for the proposed new building a new utility plan will be required. • A permit is required for the demolition of the Car -X building. Hennepin County will be applying for a permit. Requirements for abandoning the sanitary sewer and water services will be included in the demolition permit. 0 .... J -� 0 69TH AVENUE NORTH Ju SIX STA11SM - - ♦ / 4rsere Aa .. S.F. ACRE X OF SM U1 O = / \ " sTE AREA 2e2 e96 a4o 100 X ' Ui BUILDING CDVERAGE 34,3W .79 12 0 \ HARD SINFACE 206.147 4.72 73 W O y o O Y r MEN SPACE 42,471 .91 15 of m GENERAL NOTES p[ Q 01 to Q i n 1 y E I • ALL am r0lN TAM DeM M DMM�I /rrA M ar - : " � W Wel• LAUD Y{110 ■ a t f - Ma MVr MI,...Y. 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BROOKLYN CENTER, MIN 280" BOULDER BRID09 DRIVE SHOREWOOD, SIR 58931 GRADING, DRAINAGE & EROSION CONTROL PLAN S.M.I. PROJECT NO. 63340-002 SHEET I OF 3 SHEETS F:\EW,\63340\002\04\63340002.dw.9, 08/02/0102:45:11 PM, barL n . ......... . ... .. . . ..... . .. . LEGEND of \ :� ♦ \ a h g.�__�_�._ • 41W I I Wim 11, 1 M A- I-- T— —.—NlAN A, N—1 KW— m A. A. . 1.1 K A—M Tlft SKORCAT-5 1A6 j l MWT K—T& $A. .1.1 K r PK aM m M AcaNmA,la MTx A— A _ — E—N— —S—A— A I I Ll I I I I I I _T .1— 3— K K—ED Al. Lea, MTN —1 1A —1 K I — —AlT J _ X —D M- 1\ _tg �L K —01 -01 R. — � T ft— Al A— 0— A— � CA— MAU K 1 NEEN-1 MA—l— HAVE A W aT —T .11 A U=A T ^weTM 3 'T \N" WARNING FAR NOMH OF MOOKDAU DOOGE DOM MW na8.75 REVISIONS SCHOELL MADSON• INC. \ CUENT LOCATION MIRI-MIAR, CO. BROOKDALE DODGE 28045 BOULDER BRIDGE DIUVE BROOKLYN CENTER, M m,% AN $HOMEWOOD, M 05331 UTILITY PLAN S.M.I. PROJECT NO. 63340-002 SHEET 2 OF 3 SHEETS FAEN6 \63340\002\04\63340002.dwq, 08/02/0102:45:26 PM, baril. A& ii iii PLAN WW.. caw ow ze 1 r, 5r 0.0. M r r 4-4 x °HA 12V Icr I v, !> Am ummm HYDRANT DETAIL ILTATION PENCE FABRIC S 5•e 7 1 FROM SECTION A-A MOCK CONSTRUCTION ENTRANCE CATCH BASIN mm_ $11 CL N131ef W A pf>lUCII011 WZ jq�W —II — DWAUM �M (,V IW. 4, max"— r I&r Mt4 �•'� r TYPICAL MAHNOLK / tr s.w+{ a.t tr oaeez na 21 F. CONCRETE CURB AM GUTTER DETAILS SI RAW WATER TO" SEALS SLAB -TOP CATCH RAM MANHOLE STANDARD SANITARY MANHOLE rz REVISIONS SCHOELL k MADSON. INC.) CLIENT LOCATION ® ,mes wrruta .ouLrtM. a.lE , SRI-MAR, CO. BROOKDALE DODGE 20045 BOULDER BRIDGE DRIVE BROOKLYN CENTER, SEE SHOREWOOD, WIN 55331 DETAIL SHEET S.M.I. PROJECT NO. 63340-002 SHEET 3 OF 3 SHEETS F;\EN6 \63340\002\04\63340002.dwg• 08/02/0102:44:51 PM, baL City Council Agenda Item No. 9c MEMO To: Michael J. McCauley, City Manager 1 From: Ronald A. Warren Plannin g and Zoning s .6 ` g Spec� Subject: City Council Consideration Item - Planning Commission Application No. 2001- 018 Date: August 22, 2001 On the August 27, 2001 City Council Agenda is Planning Commission Application No. 2001- 018 submitted by L & D Contracting requesting a Special Use Permit and Site and Building Plan approval to enlarge the convenience store and expand the car wash at Hark's Mobil Station, 6501 Humboldt Avenue North Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -018 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the . Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their August 16, 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 7 -31 -01 City Council Action Should Be Taken By 9 -29 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -018 Applicant: L & D Contracting Company Location: 6501 Humboldt Avenue North Request: Special Use Permit/Site and Building Plan Approval The applicant, L & D Contracting Company on behalf of Harks, Inc. owner of the Mobil Station at 6501 Humboldt Avenue North, is seeking a Special Use Permit and Site and Building Plan approval to enlarge the convenience store as well as to expand the existing car wash at the above location. The property in question is zoned C -2 (Commerce) and is bounded on the north and west by R -5 (Multiple Family Residence) zoned property containing a 102 unit apartment complex; on the east by Humboldt Avenue with the Brooklyn Center Junior /Senior High School on the opposite side of the street; and on the south by Freeway Boulevard with the Holiday Inn on the opposite side of that street. A gas station/convenience store /car wash is a special use in the C -2 zoning district. S The applicant is planning to expand the existing convenience store into three of the four service bays at the site and to also add 10 ft. to both ends of the existing car wash so that a newer type car wash can be installed. The fourth service bay, a former car wash bay, will be converted to accommodate convenience store storage and a car wash equipment room. The convenience store expansion will more than double the size of the existing retail operation by providing 1,210 sq. ft. of sales area plus coolers (3 3 9 sq. ft.), walk -in freezer (130 sq. ft.), storage space (185 sq. ft.), checkout counter (250 sq. ft.), bathroom (48 sq. ft.) and an existing clean room (108 sq. ft.). The expanded and remodeled car wash and equipment room will total an additional 1005 sq. ft. A('CF.RR/PARKTWGT The proposed plan calls for no change to the access for this site, which is gained from driveways located along Humboldt Avenue and Freeway Boulevard. The former owner in 1994 expanded the retail area and at that time provided 25 parking spaces to meet the minimum requirements in the zoning ordinance for parking. Eleven parking spaces were required for the retail area with three parking spaces being required for three of the service bays plus one space for each service bay employee and two parking spaces for service vehicles. The current applicant is proposing to do away with the service bays and convert this space to either retail, storage or equipment room. 2270 sq. ft. of the building will be devoted to retail space or accessory storage and the applicant is has proposed to provide parking on the basis of 5.5 parking spaces per 1,000 sq. ft. of retail 8 -16 -01 Page 1 space. This comes to 12.48 or 13 parking spaces to meet the parking requirements. The spaces would be located along the north side of the site where 17 former parking spaces were provided. The reason for the reduced number of spaces in this area is to accommodate the expansion of the car wash and to provide stacking space in this area. Five additional parking spaces are located at the southwest portion of the site and handicap van accessible parking is provided next to the building. It might be possible to provide some additional parking, but we believe the analysis provided (providing 13 parking spaces specifically for the retail establishment) should accommodate parking on the site. This does not account for pump island parking, which also can be accommodated and could provide up to six additional spaces. The fact that the service operation is being discontinued will free up parking spaces which can be used for retail customers. GR ADMCIMR ATNAC'TRATTR ITTF.S There are no alterations being proposed with respect to this site regarding changes in grading, drainage or utilities. No watershed review is required and, therefore, no such plans are included with this review. LANT)SC ~APM The site is fairly well landscaped based on a 1994 landscape plan provided by the then owner to meet the landscape point system. The current applicant has provided a landscape schedule that shows the existing landscaping is a total of 81 landscape points. This meets the minimum points required for this site, which is 80. BT MD The building addition is to both the north and south side of the car wash bay, which is the bay furthest to the west on the site. As indicated previously, the car wash will be modified to accommodate new equipment and the extended area is being provided to accommodate that equipment. The building currently is a combination of brick with board and batten accent. The applicant proposes to use board and batten siding where four overhead doors on the north side of the site will be removed. The expansion of the car wash will be mostly brick with board and batten accent over the upper portion above the overhead door. TR A SH/1 JGHTTN("T There are no changes proposed to the site with respect to lighting. A trash enclosure area is located along the west side of the site north of the building. It is in need of repair and updating for proper screening of trash on the site. It should be noted that the current owner is replacing a 6 ft. high metal opaque fence that was along the west side of the site. Screening is required where the gas station abuts with multi - residential property. The applicant has repaired and repainted the screening on the north side. This will suffice to meet the screening requirements for the site. is 8 -16 -01 Page 2 A propane facility, which was located east of the easterly pump islands, has been removed also. S PECIAL TT,�F. PRRM I� �TANART)S The applicant has submitted a written explanation as to how they believe they will meet the standards for special use permits contained in Section 35 -220 of the City's zoning ordinance (attached). This is an existing facility and, for the most part, it is believed the addition is compatible with the standards for special use permits. Eliminating the service operation will reduce the number of junk vehicles that have often been parked on the site for an extended period. All in all, we believe the proposed changes will allow for less congestion on the site. The applicant also notes that it is their intent to resurface the entire parking lot upon completion of the interior project. The standards for special use permits require that the proposed special use permit (in this case an amendment to the special use permit) should 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 or substantially diminish or impair property values; not impede the normal and orderly development of surrounding be desi ed so as to minimize traffic on the public streets; and conform g gn p with the applicable regulations of the district in which it is located. The applicant has commented that they believe the improvements proposed will not be detrimental to the neighborhood and should not impair property values within the area. They point out that the site should not impede the development or improvement of property but should help spur the development of surrounding dwellings. They note that egress, ingress will not be altered and said improvements shall conform to the regulations of the district in which the property is located. We would concur with the applicant's comments and believe the standards for special use permits can be met particularly with respect to the upgrading of the screen fencing on the site and the other improvements proposed. A public hearing has been scheduled for this special use permit and notices of the Planning Commission's consideration have been sent to surrounding property owners. RFCOMMENID ATTON We believe the plans are generally in order and approval is recommended subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Any grading, drainage or utility plans are subject to final review and approval by the City Engineer prior to the issuance of permits. 3. All outside trash disposal facilities and roof top mechanical equipment shall be 8 -16 -01 Page 3 appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 5. The area to the east and south by the entrances into the retail area shall be signed as "no parking, fire lane" as determined by the Fire Chief. 6. The amended special use permit is granted for the expansion of the retail area and the car wash addition as contained in the plans submitted. Any other expansion or alteration of this use shall require additional amendments to the special use permit granted. The repair of vehicles on this site is being discontinued and shall not be allowed. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof shall be grounds for revocation. 8 -16 -01 Page 4 NEWTO " e y I I I I I H* 1 MOR mI IAVE I 11141 JJCUN I !J! . 111111INH SNING _R : GREEK PKWY aR > — Q JMAAT DR. C1R N fil r - Q m x> JAMES AVE. N. D N _— , m m" p ~ '� -_� �JAMESAVE.9 u _ ►•�• ? _ qq � EARL6'iROWN DR.z � � � �• v9 c LH4 KNO N '2110 S3WVI t n ,`�„ o 'IRVING AVE. N. z D I T Z (nQJ �� HUMBOLD N G) �� ( O g LFJ R 3. UMBOIU� AVE. ' z �\ 1)AAVE. O p B FREMON wo N n GIRARD AVE. N.. N _ ? OM L13 �n FREFAONT A O C EMIRS AVE. r [ # I IIII Qp EMERSGI•! AVE. N - FREf�ONT AVE. FI R 'k / ME40 qMA +Z I lO ! I IN� I � , Iw m � � I (I I Z AVE. L1- i- +-�-"' DUPONT jjjj I EMERSON A I a DUPONT AVE. N. TM DUPONT E . - COI FAX AVE• N• x g rJ!�' o a AVE N. $ $' m PC I FAX i (��� ��� fl+H COLFAX AVE N I , BRYANT AVE is,, v 1 -I BRYANT AVE. N ,. I I I I I i.i+•+ I! I 1 1 I BR ANC AVE f I I = i ' IAtARICN AVE. N. J J.� I� I s I D kLLL I I I I I I N ? CAMDEN AVE. N D CAMDEN AVE. N ALDRICH.AVE _L� -'-�" ' W Z EN AVE N �� � ? •� I I �AM� ' I I STN. AVE. N. F CAMDEN AVE. N I I I �- --^� - I _. y o LYNDALE AVE N. - - - _ YAK' ° S R ~ DALLAS � ED - T b WILL I I. m RIV I Lull LA N• WILLOW LA. N. til I !. + t• I I I I JUL -30 -2001 02:10P FROM:L AND D MAINT CO 6514302551 TO:7635693494 P:2/3 Layout and Design for the New Millennium L A D -R COMPANY 6045 Lake Elmo Avenue North Stillwater, Minnesota 55052 Telephone 651- 430 -2550 Fax 651 -430 -2551 31 JULY 2001 MR RONALD A. WARREN CITY OF BROOKLYN CENTER - PLANNING AND ZONING 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER MINNE50TA 55430 -2199 RE: HARK'5 MOBIL 6501 HUMBOLDT AVENUE NORTH BROOKLYN CENTER, MINNESOTA MR WARREN: IN REGAURD5 TO THE CONDITIONS AND 5TANDAKD5 FOR THE SPECIAL USE PERMIT OUR OUTLINE IS AS FOLLOWS: THE SCOPE OF OUR PROJECT IS TO ENLARGE THE EXISTING `C STORE WITH THE PURPOSE OF SERVING THE NEIGHBORHOOD COMMUNITY WITH A LARGER SELECTION OF MERCHANDISE. THE FINISHED PROJECT WILL NOT ONLY BE LARGER, THE INTERIOR OF THE STORE WILL 13E BRIGHTER ADDING TO THE SECURITY OF THE PATRONS. THE ADDITION OF TEN FEET TO EACH END OF THE EXISTING CARWA5H IS BEING ADDED 50 THAT THE OWNER MAY INSTALL A NEWER TYPE CARWASH. THE EXTERIOR FINISHES WILL CONFORM TO THE EXISTING FINISHES, IN THE CASE OF THE BRICK; THE MATCH WILL BE AS CLOSE AS P055113LE. THE EX15TINO ROOFING MATERIAL AND A NUMBER OF THE ROOF JACKS THAT NO LONGER HAVE A FUNCTION WILL BE REMOVED. THE ROOFING MATERIAL WE PROPO5E TO INSTALL 15 A THREE TAB 30 -YEAR ASPHALT/ FIBEKGLA55 SHINGLE. THI5 WILL PROVIDE THE STRUCTURE WITH A `CLA55 A' ROOF. THE LARGE PROPANE TANK THAT WAS LOCATED ON THIS 51TE HAS BEEN REMOVED AND THE AREA IN QUESTION HAS BEEN PUT INTO 500, 5HRU135 AND FLOWERS. THE EXISTING METAL FENCING 15 NOW BEING REPLACED WITH A MATERIAL THAT 15 MORE IN KEEPING WITH THE NEIGHBORHOOD. JUL -30 -2001 02:10P FROM:L AND D MAINT CO 6514302551 TO:7635693494 P:3/3 WE AL50 INTEND TO RESURFACE THE ENTIRE PARKING LOT AT THE COMPLETION OF THE INTERIOR PROJECT. WE WILL 13E REMOVING SEVERAL PARKING 5PACE5 TO ALLOW CARS TO TURN 5AFELY INTO THE CARWASH. THE PARKING LOT WILL 13E RESTRIPPED A5 5HOWN IN OUR 5ITE PLAN. THE IMPROVEMENT5 PKOP05ED A13OVE WILL NOT DE DETRIMENTAL TO THE NEIGHBORHOOD AND SHOULD NOT IMPAIR THE PROPERTY VALUE5 WITHIN THE AREA, THE 51TE SHOULD NOT IMPEDE THE DEVELOPMENT OR IMPROVEMENT OF PROPERTY 5UT 5HOULD HELP SPUR THE DEVELOPMENT OF THE SURROUNDING DWELLINGS. THE EGRE55, INGRE55 WILL NOT 15E ALTERED AND SAID IMPKOVEMENT5 SHALL CONFORM TO THE REGULATIONS OF THE D15TR1CT IN WHICH THI5 PROPERTY 15 LOCATED. 51NCERELY, PETER E. MARTIN PROJECT MANAGER i a r . • ,c �� � � � �e a a a r �n+�exr N I 1 I - 1, 1. 1. a — a � � 1.1iV0C' 5 Mom. L SP MWff** a co w.204LYMU l'm=hFANpN R17Plfommo� f , 1 �I I h aawm wa I auft9mg0m WU -NCO= jp I I � o vvvww ❑ I ______�____ -- ___ ----- - - - - -- p' � ii a[ n }- -- LJ it V i w� MARK' S MO(31L D mWiMm e co .. ►+.,. o ,, r ,,,,,.. A" LO ILWADO Nadi w�2iJLYxX1 I — PAWRfN !FUN`ifFi�O?!!0 r-X15 - nNG VVr,5rr SL r- VA xxavr -N ..�..... to F VV4-, r-LF-VA'nON Iavr.r-a 1 C 1 1 1 1 °1 1 1 1 It I I IL �X15�1'ING �ASrt' �L�VATION g� www�sw it IL I ®�. I I I IL IY� www pROPOSMV P-A5V PLP-VA xw,avr -r�a X i z � z - r - D � � 0 - z HARK' 5 MOBIL _ MNNt�NNJG� G0. ..p14MMOCLar.MASmam" eo�urs MnNRlle ttaeN ONOO ,,,,,,,, a ,,, m A00419M auwrae wx�:aoou�aez F,x1511NG 5OUTH MZVATION a� PROP05F-P 550UTH M- eVATION z�a -ray ® • aar�e� D 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 AUGUST 16, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:34 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Sean Rahn, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Rebecca Crass and Community Development Director Brad Hoffman. Stephen Erdmann and Rex Newman were absent and excused. APPROVAL OF MINUTES — JUNE 28, 2001 There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to approve the minutes of the June 28, 2001 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2001 -016 — HERBERT A. MARGOLIS ON BEHALF OF BRI -MAR COMPANY, INC. Chair Willson introduced Application No. 2001 -016, a request for preliminary plat approval to combine and divide 13.957 acres of land located on the east side of Brooklyn Boulevard into two lots for the Brookdale Dodge automobile dealership and the Luther Brookdale Mazda dealership. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 8 -16 -01 for Application No. 2001 -016 attached.) The property is zoned C -2 (Commerce) and includes the former Total Gas Station site, the Big Wheel Auto Parts store, the Car X/Pit Stop site, Brookdale Dodge and Brookdale Mazda. The proposed plat is made up of portions of five properties that would be replatted into two lots and an outlot to be known as the Bri-Mar Addition. Right of way for the expansion of Brooklyn Boulevard (County Road No. 152) will be dedicated with the plat and is shown. An expanded is right of way area is provided for opposite 68 Avenue to provide an intersection type access to the two proposed lots. Lot 1 will be the site of the Brookdale Dodge dealership and is proposed 8 -16 -01 Page 1 to be 267,588 sq. ft. (6.35 acres). Lot 2 will be the site of Luther Brookdale Mazda and is proposed to be 304,599 sq. ft. (6.993 acres). A 30 ft. by 26 ft. outlot (proposed Outlot A) is established to house PCA monitoring equipment in a shed surrounded by a 6 ft. high chain link fence on the former Total Gas property. The City and Hennepin County have pursued the widening of Brooklyn Boulevard from 65 Avenue to approximately 71 Avenue. This necessitated the acquisition of certain properties. Partial takings of the Brookdale Mazda and Brookdale Dodge properties have also been accomplished. Negotiations between the City, the County and the various affected property owners has resulted in an agreement that calls for redrawing of property lines along with appropriate easement agreements. The current Brookdale Dodge showroom, which is located on a portion of the property to be attached to Brookdale Mazda, will eventually be demolished and a new facility for Brookdale Dodge will be built. Planning Commission Application No. 2001 -017 comprehends the site and building plan/special use permit approval necessary to accomplish these changes. Mr. Warren stated it is appropriate to hold a combined public hearing for both Application 2001 -016 and 2001 -017. APPLICATION NO. 2001-017 — HERBERT A. MARGOLIS ON BEHALF OF BRI -MAR COMPANY. INC. - _. _.._ Mr. Warren then reviewed companion Application No. 2001 -017, a request for a special use permit and site and building plan approval for an 11,000 sq. ft. addition to the Brookdale Dodge automobile dealership at 6800 Brooklyn Boulevard. This would replace the current showroom building, which will be demolished after completion of the new construction. The application also involves a special use permit for the expansion/alteration of the existing automobile dealership. Mr. Warren added that normally building permits associated with a site and building plan are not authorized prior to the approving and filing of a final plat. However, in this case, since the City, County and property owners have various agreements for the development of the site, the applicant will be allowed to proceed with development based on those agreements. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 8 -16 -01 for Application No. 2001 -017 attached.) The property is zoned C -2 (Commerce) and is the site of the proposed replatted property for Brookdale Dodge (Lot 1) as comprehended under Planning Commission Application No. 2001 -016 for preliminary plat approval. Mr. Warren explained that access to Brookdale Dodge will be from the newly configured 68 h /Brooklyn Boulevard intersection and will be a shared access with cross access easements granted between the Dodge and Mazda dealerships. Access to the site can also be gained from 69 Avenue North. The new property configuration will allow an expanded parking/display area between Brooklyn Boulevard and the new showroom for Brookdale Dodge. Chair Willson asked for questions from the Commission Members. The Commission asked Mr. Warren for further clarification on the design of Brooklyn Boulevard and 68 Avenue regarding access, drive lanes, congestion at the freeway ramps, parking for the auto dealerships, and landscaping. Mr. Warren pointed out that the plan being proposed will be adequate and 8 -16 -01 Page 2 confirmed they will be adding an additional traffic light at 68 and Brooklyn Boulevard to control traffic to the site. PUBLIC HEARING — APPLICATION NO. 2001 -016 & 2001 -017 There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2001 -016 & 2001 -017, at 8:38 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. Herb Margolis, Vice President of Bri-Mar Company, stated they have been working on this project with the County for four years. After many complex negotiations between the County, City and himself, they have accomplished the proposed plan. He further explained how acquisition of and replatting of the various properties was done to achieve the desired result of two parcels. Commissioner Boeck asked Mr. Brad Hoffinan, Community Development Director, to clarify how the City (EDA) became involved with negotiating these properties. Mr. Hoffinan briefly described what has taken place to achieve the desired effect of replatted, useable parcels. The property that the County has acquired for highway right -of -way to complete the widening of Brooklyn Boulevard, will be purchased from the City of Brooklyn Center (EDA) by the car dealerships at the time of closing. No persons from the public appeared before the Commission during the public hearing on Application No. 2001 -016 & 2001 -017. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem seconded by Commissioner Rahn, to close the public hearing on Application No. 2001 -016 & 2001 -017, at 8:47 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 APPROVA OF APPLICATION NO. 2001-016 - HERBERT A. MARGOLIS ON BEHALF OF BRI -MAR COMPANY. INC. There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the City Council that it approve Planning Commission Application No. 2001 -016, submitted by Herbert A. Margolis on behalf of Bri-Mar Company, Inc., for preliminary plat approval to combine and divide 13.957 acres of land located east of Brooklyn Boulevard between I -94 and 69 Avenue North into two lots, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 8 -16 -01 Page 3 3. Cross access agreements between the proposed Lots 1 and 2 shall be filed with the final plat. 4. Other appropriate easements for utility and restricted access purposes, as approved by the City Engineer, shall be executed and filed with the final plat. 5. Final plat approval is subject to MNDOT review and requirements. Voting in favor: Chair Willson, Commissioners Boeck, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 27, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2001-017 — HERBERT A. MARGOLIS ON BEHALF OF BRI -MAR COMPANY. INC. There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend to the City Council that it approve Planning Commission Application No. 2001 -017, submitted by Herbert A. Margolis on behalf of Bri-Mar Company, Inc. for a special use permit and site and building plan approval for an 11,000 sq. ft. addition to the Brookdale Dodge automobile dealership at 6800 Brooklyn Boulevard, subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. i 8 -16 -01 Page 4 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 11. A special use permit is granted for the altered automobile sales, display and service operation indicated in this plan. Any expansion or alteration of the use not comprehended by the zoning ordinance nor this approval, shall require an amendment to the special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 13. The old Brookdale Dodge showroom and connecting walkway shall be demolished and removed from the site in conjunction with the occupancy of the new addition. 14. The final plat comprehended under Planning Commission Application No. 2001 -016 shall receive final approval and be filed with Hennepin County prior to the occupancy of the Brookdale Dodge showroom addition. 15. Construction and relocation of driveways within the Brooklyn Boulevard (County Road 152) right -of -way are subject to the issuance of driveway permits from Hennepin County. 16. The plans shall be modified prior to the issuance of building permits to extend the curb delineation at the entrance to the site easterly by 20 ft. per the City Engineer's recommendation. Voting in favor: Chair Willson, Commissioners Boeck, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 27, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. Commissioner Boeck acknowledged the staff's efforts in implementing this plan together with the County and property owners. 8 -16 -01 Page 5 APPLICATION NO. 2001-01.9 —L &D CONTRACTING FOR HARK'S MOBIL STATION Chair Willson introduced Application No. 2001 -018, a request from L & D Contracting for a special use permit and site and building plan approval to enlarge the convenience store and expand the car wash at Hark's Mobil Station, 6501 Humboldt Avenue North. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 8 -16 -01 for Application No. 2001 -018 attached.) The property is zoned C -2 (Commerce). A gas station/convenience store /car wash is a special use in the C -2 zoning district. In this case, an amendment to the special use permit is required. Mr. Warren explained that the applicant is planning to expand the existing convenience store into the current service bay area and add 10 ft. to both ends of the existing car wash. This will more than double the size of the existing retail operation. PUBLIC HEARING — APPLICATION NO. 2001 -018 There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to open the public hearing on Application No. 2001 -018, at 9:10 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Joe Keisling from L & D Contracting Co., stated that the new owner wants to go forward with this plan to make necessary improvements to the site, which will positively enhance the city. No other persons from the public appeared before the Commission during the public hearing on Application No. 2001 -018. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to close the public hearing on Application No. 2001 -018, at 9:13 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 APPROVAL OF APPLICATION NO. 2001-018- L & D CONTRACTING FOR HARK'S MOBIL STATION There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to recommend to the City Council that it approve Planning Commission Application No. 2001- 018, submitted by L & D Contracting for Hark's Mobil Station for a special use permit and site and building plan approval to enlarge the convenience store and expand the car wash at Hark's Mobil Station, 6501 Humboldt Avenue North, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 8 -16 -01 Page 6 2. Any grading, drainage or utility plans are subject to final review and approval by the City Engineer prior to the issuance of permits. 3. All outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 4. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city ordinances. 5. The area to the east and south by the entrances into the retail area shall be signed as "no parking, fire lane" as determined by the Fire Chief. 6. The amended special use permit is granted for the expansion of the retail area and the car wash addition as contained in the plans submitted. Any other expansion or alteration of this use shall require additional amendments to the special use permit granted. The repair of vehicles on this site is being discontinued and shall not be allowed. 7. The special use permit is subject to all applicable codes, ordinances and regulations. Any violations thereof shall be grounds for revocation. Voting in favor: Chair Wilson, Commissioners Boeck, Rahn, Reem and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its August 27, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for consideration. BROOKLYN CENTER SCHOOL DISTRICT PRESENTATION Mr. Ron Warren described to the Commission I. S. D. No. 286's plan to relocate Earle Brown Elementary School to part of the property currently used for Grandview Park. Cheryl Jechorek, School Board Member (5 100 Morgan Avenue North), explained that a few years ago the school district received City approval for the use of temporary classrooms due to lack of space. They continue to be faced with numerous problems due to inadequate facilities. Ms. Jechorek adds that a task force has done a facility study. They have concluded that putting more money into the existing elementary school by way of an addition and further renovations would not be feasible. They would like the City to consider a land swap with them to acquire the park site and build a new elementary building, then tear down the existing building. This plan would provide some shared land uses between the City and the School District. It would also involve vacating Humboldt Avenue between the school and the park. Steve Anderson, Director of Building Services, used visual aids to show the lack of space in the current building and how remodeling would not solve the space issues. He stated there seems to . be a common goal between the City and School District to improve both sides. He added the school is land locked and this seems to be a viable solution for both. 8 -16 -01 Page 7 Dr. Toni Johns, Superintendent of Schools, stated that school officials have discussed their proposal with the Mayor and City Manager. The school district would have to pass a bond issue to fund a new building. This is planned for 11 -6 -01. Commissioner Boeck stated he has reviewed the report and asked who would pay for the cost of relocating the park. Dr. Johns explained that the School District's plans include a new playground area to be shared by the City and they hope to work with the City in planning and funding the park. She adds the City already has plans for improvements at the park and the School District's intent is to work with the City to establish shared uses of the property. Mr. Warren pointed out that the Planning Commission's role is to respond to whether they are favorable or not to the School District's plan to move ahead. Chair Willson stated that he supports the project and encouraged the School District to move forward with their proposal. He also encourages other City staff to work with the School District to see further development of the plan. OTHER BUSINESS Mr. Warren informed the Commission that a drive up ATM will be constructed with a small canopy at 7100 Brooklyn Boulevard for the Credit Union that occupies the building. The project did not require Planning Commission review and all requirements have been met for issuance of building permits. Commissioner Reem reported that she would be unable to attend the September 13, 2001, Commission meeting and requested to be excused. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:52 p.m. I Chair Recorded and transcribed by: Rebecca Crass 8 -16 -01 Page 8 City Council Agenda Item No. 10a PROCLAMATION DECLARING SEPTEMBER 16 THROUGH 22, 2001, TO BE FISCAL AND SUPPORT SERVICES WEEK WHEREAS, fiscal and support services provided in our community by the Fiscal and Support Services Department are an integral part of our citizens' everyday lives; and WHEREAS, the Fiscal and Support Services Department provides for the fiscal management of all funds of the City, processing and maintenance of all accounting transactions, including accounting policies and procedures, payroll, accounts receivable, accounts payable, audit, financial statements, bonding, investment programs, risk management, and utility billing, and Assessing functions such as the accurate classification and valuation of all real property within the city, administration and collection of special assessments, and maintaining the City's property data system (PDS) information; and WHEREAS, it is important that our community recognize the value of fiscal and support services; and WHEREAS, fiscal and support services staff contribute to the success of local government operations and activities, and it is highly appropriate that their services 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 weep of September 16 through 22, 2001, to be Fiscal and Support Services Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that fiscal and support services staff maize every day. Date Mayor ATTEST: City Clerk City Council Agenda Item No. lOb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER AND STAFF TO ENTER INTO A FEASIBILITY STUDY WITH THE BROOKLYN CENTER STADIUM COMMITTEE FOR THE DEVELOPMENT OF A COMMUNITY STADIUM IN BROOKLYN CENTER, MINNESOTA TO BE LEASED TO THE MINNESOTA TWINS WHEREAS, the general public has been made aware of the need for a new stadium for use by the Minnesota Twins through the study of the public committee, Minnesotans for Major League Baseball, in its report of January 2001; and WHEREAS, that need for a new stadium for use by the Minnesota Twins has been confirmed by the Metropolitan Sports Facilities Commission; and WHEREAS, the Minnesota Twins have indicated their interest in such a stadium in the City of Brooklyn Center, and that interest has been verbally confirmed by both their lobbyist and public relations firms; and WHEREAS, an Ad Hoc Brooklyn Center Stadium Committee has been established to purse this endeavor; and r WHEREAS, the City of Brooklyn Center and its Economic Development Authority are looking for ways to increase the economic development and economic activity with the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City Manager and staff be authorized to work with the Brooklyn Center Stadium Committee in a feasibility study to determine if a community, county, or regional stadium for lease by the Minnesota Twins could be developed in the City of Brooklyn Center, Minnesota. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof. and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. lOc Office of the City Clerk Or City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk JWUYL DATE: August 17, 2001 SUBJECT: An Ordinance Amending Chapter 1 of the City Ordinances Deleting Language Referencing Dog Licensing Earlier this year, the City Council amended Chapter 1 of the City Ordinances eliminating dog licensing effective June 22, 2001. In updating the City's Fee Schedule, I reviewed Chapter 1 to verify fees for impounding and boarding of animals and discovered language referencing dog license requirements. With the elimination of dog licensing, the City Code needs to be amended to remove the reference to dog licensing requirements in these sections. These sections were inadvertently missed when reviewing elimination of dog licensing earlier this year. Attached is an Ordinance Amending Chapter 1 of the City Ordinances Deleting Language Referencing Dog Licensing. The amendment cleans up the City Code to remove the outdated language. • Attachment 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24`' day of September, 2001, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 1 of the City Ordinances Deleting Language Referencing Dog Licensing. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES DELETING LANGUAGE REFERENCING DOG LICENSING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: Section 1 -113. ENFORCEMENT PROCEDURES. The Animal Control Officer may capture and impound any animal running at large, and any 1—in-1-i-c-,emnsed deg. Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1 T h v_J1! Ot<C p TPO T/1Y f„0 111m l� 1T NP �11 P19[ P has no AltC <1 �AAH obtained - 1 xo cir. - - F- e fA the Anxxaccz� � rme lirense has n v�reyi o u previous b@en 2. Th late- hGens ors <, where 0 fi reiiSo - , l, 00 Ret b een proyio sly „ bt � -3 The amount of the boarding fee which the City is required to pay the pound keeper. 42. An impounding penalty as set forth by City Council resolution. Section 1 -118. DISPOSAL OF UNREDEEMED ANIMALS. The City's designated pound keeper shall make an effort to contact the owner of any animal which has been impounded and which has identification on it. If at the end of the impounding period the animal is not reclaimed by the owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of unclaimed animals by veterinarians. 9-the animal is t b�* the City, a hGonse shall be; ebtaiRed by suGh person before possession ef the animal is given to tho PUFGhasGT Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. ORDINANCE NO. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) Cit y g Council Agenda Item No. 10d Office of the City Clerk City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Ma FROM: Sharon Knutson, City Clerk DATE: August 22, 2001 SUBJECT: Mayoral Appointment to Park & Recreation Commission Park & Recreation Commission (one vacancy) The Park & Recreation Commission is composed of a chairperson and six members. On May 9, 2001, Art Mead submitted a letter resigning from the Park & Recreation Commission effective June 29, 2001, thereby creating a vacancy with a term expiration of December 31, 2001. Notice of vacancy on the Park & Recreation Commission was published in the Brooklyn Center Sun -Post on July 4, 2001. Notice was posted at City Hall and Community Center and aired on Cable Channel 16 from May 25 through July 30, 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 (also indicating in which Park Service Area (P.S.A.) each applicant resides: Valerie Forsch 6306 Howe Lane North P.S.A. IV Lori Huot 5341 Twin Lake Boulevard East P.S.A. V John Peterson 5212 64t Avenue North P.S.A. IV Roger Peterson 1511 71S Avenue North P.S.A. II Judy Thorbus 6265 Brooklyn Drive P.S.A. IV A letter was sent to the applicants notifying them that their application for appointment would be considered at the August 27, 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) Park & Recreation Commission geographical distribution of current members and applicants. 4) City advisory commission bylaws and City Council Resolution establishing Park & Recreation Commission duties and responsibilities. Recommended Council Action: Motion by Council to ratify the Park & Rec -- Commission nomination by Mayor Kragness with term expiring December 31, 2001. 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 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 DATE: August 22, 2001 SUBJECT: Park & Recreation Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Valerie Forsch, 6306 Howe Lane North, to the Park & Recreation Commission with term expiring December 31, 2001. 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 Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members August 22, 2001 �, . .',_"•.,;. ' '.,<,••.�,.�y`t�'_� " a °,,.�,. Area � �= = .. � Park Service N pplica�ts r = =s -, Current Members P.S.A. I Thomas Shinnick 5324 Oliver Avenue North P.S.A. II ;. s . °, u< (y' �"�t+ers�n � s' ,., �w y;� �, <. ,- �:-��. Gail Ebert 1613 Irving Lane P.S.A. III Bud Sorenson 6901 Toledo Avenue North Richard Theis 3006 Thurber Road P.S.A. IV Q �: . F�= ��•��.: �,�� 5 q >_� zY :530: awrieslsirth:�` ,s NA o 'x s: ,, .. �.C� cii.� - '. Via'• z��,�*'°';;',; ds ,—�, n ��g� . ` . �Ue >�1+D1`t�tz" a4 •'- � 11 t >:• •:<: ,5," ., Olulnlfl4li' � a P.S.A. V ' Don Peterson 3715 58th Avenue North Nw . '.:.a. John Russell , 5312 N. Lilac Drive �1 x , m nu n ® CITY OF BROOKLYN CENTER COMMISSION BYLAWS Adopted: June 22, 1987 Amended: March 27, 1995 Pursuant to the following esolutions relating to and providing for the establishment appointment, g g p g pp intment, 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 g 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 -25 RESOLUTION NO. 77 -52 RESOLUTION NO. 87 -133 RESOLUTION NO. 92-137 RESOLUTION NO. 95 -81 RESOLUTION NO. 98-13 RESOLUTION CONTINUING A BROOKLYN CENTER PARK AND RECREATION COMMISSION AND REDEFINING DUTIES AND RESPONSIBILITIES THEREFOR WHEREAS, the City of Brooklyn Center is promoting the development of a quality park system and recreation program consistent with the financial capability of the community; and WHEREAS, provisions for an advisory Park and Recreation Commission were established in Chapter 13 of the municipal ordinances in 1966 prior to adoption of a City Charter; and WHEREAS, the City Charter provides for the establishment of commissions to advise the City Council with respect to policy formulation for municipal functions and activities; and WHEREAS, as a consequence of certain Charter provisions and the increasing complexity of the park and recreation function it is desirable to restructure the Park and Recreation Commission and its mission; and WHEREAS, it is acknowledged that the significance of the park and recreation function is such that it must be effectively and currently responsive to the citizenry; and WHEREAS, in pursuit of such goals the City Council recognizes the need to redefine and clarify the duties and responsibilities to be assigned a Park and Recreation Commission: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that there is hereby re- established within the City of Brooklyn Center an advisory Park and Recreation Commission as follows: Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center Park and Recreation Commission. Subdivision 2. SCOPE: O E: The scope of activity of this Commission shall consist of advising the City Council and other Brooklyn Center advisory commissions regarding matters relevant to the conservation, p ark and recreation functions. Subdivision 3. PURPOSE: The general purpose of this Commission is to monitor and reflect the attitudes and concerns of the citizens of Brooklyn Center relative to the conservation of environmental resources in the City of Brooklyn Center and to the park system and recreation programs, and to advise the City Council of citizen attitudes and policy matters relevant to the conservation, park and recreation functions in Brooklyn Center. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Commission shall be to: 1. Develop, recommend, and, upon adoption by the City Council, monitor the execution of a comprehensive plan for the park, recreation, and conservation function in the City of Brooklyn Center. 2. Annually report to the City Council regarding achievements toward fulfillment of such comprehensive plan and recommend amendments to the plan as may be warranted. 3. Frequently visit the City parks and Recreation Center and wildlife areas, and keep informed of current recreation programs in order to continually review and evaluate park system development and recreation programming, and cultural activities. 4. Develop and recommend methods to stimulate positive public interest in the conservation, park and recreation functions. 5. Develop and recommend feasible methods of discouraging vandalism and destruction of park facilities. 6. Serve as a forum for the citizens of Brooklyn Center to voice their opinions regarding the conservation, park and recreation functions. 7. Promote coordination with the school districts serving Brooklyn Center, encouraging the interchangeable use of city and school district facilities and programs to the best interests of citizens. 8. Encourage dissemination of information to, and coordination with, Brooklyn Center organizations interested in the conservation, park and recreation function such as garden clubs, athletic groups, youth groups, civic organizations, and the like. 9. Encourage coordination with other communities and agencies to the extent appropriate in matters pertinent to the park and recreation function and the conservation of environmental resources 10. Monitor and reflect attitudes and concerns of citizens relative to the park system, recreation programs, and conservation matters through informal -2- contacts and meetings of neighborhood advisory groups. Subdivision 5. COMPOSITION: The Commission shall be composed of a Chairperson and six (6) 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 Park and Recreation Commission membership. The election shall be conducted at the Park and Recreation Commission's first regular meeting of the calendar year, or, in the case of a vacancy, within two regularly scheduled Park and Recreation Commission meetings from the time a vacancy of the chair occurs. The Chairperson may be removed by majority vote of the Park and Recreation 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 the conservation, park, and recreation function 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 Park and Recreation Commission of matters relevant to the park and recreation function; 4. Provide liaison with other governmental and volunteer units on matters relating to the conservation, park, and recreation function. 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 by the Mayor with majority consent of the Council. The terms of office shall be staggered Y J Y 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 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 -3- 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. Qualifications 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 conservation, park and recreation functions. 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 March 12, 1973, and shall consist of three members appointed for a term through 1975, two members appointed for a term through 1974, and two members appointed for a term through 1973. 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 such 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: -4- 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 rY 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 April 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. 40 -5- Subdivision 11. PARK SERVICE AREA: Park Service Areas Described: Park Service Area 1: bounded on the east by the Mississippi River, on the south by 53rd Avenue, on the west by Shingle Creek Parkway to County Road 10 and thence by Shingle Creek, on the north by FAI -94. Park Service Area 2: bounded on the east by the Mississippi River, on the south by FAI -94, on the west by Shingle Creek Parkway and the west line of Section 26, on the north by the north city limits. Park Service Area 3: bounded on the east by the west line of Section 26 and Shingle Creek Parkway, on the south by FAI -94, on the west by the west city limits, on the north by the north city limits. Park Service Area 4: bounded on the east by Shingle Creek Parkway, on the south by County Road 10, on the west by the west city limits, on the north by FAI -94. Park Service Area 5: bounded on the east by Shingle Creek, on the south by the south city limits, on the west by the west city limits, on the north by County Road 10. • -6- ,r / /' _ ;• �� ■�� I r iii t � E �.! ' — =� .00�000' � j, • ;`viii ��':� v1;, � - - � J IN iii � • ILI H City Council Agenda Item No. 10e MEMORANDUM DATE: August 22, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report Re: Grant Application for Enhancements in the Brookdale Area Attached for Council review and authorization to submit is a draft of an application for a TEA -21 Transportation Enhancements grant in the amount of $1,000,000 to help fund enhancements in the Brookdale area. The Capital Improvement Program has for several years identified potential improvements in this area, including landscaping in the area and the completion of segments of sidewalks. The Comprehensive Plan identifies several long -term goals in this area, including improving the appearance of the area and providing linkages to sidewalks, trails, corridors, parks, and neighborhoods. The Smart Growth Opportunity Site study includes recommendations for substantial enhancements as a part of all three proposed alternatives. Funding is available in the CIP in 2003 -2004 for modest landscaping improvements and addition of sidewalks /trails. If the grant application is approved, then we would be able to construct a ® more extensive program of improvements. The proposed enhancements include decorative street lighting and landscaping on CR 10 from TH 100 to Brooklyn Boulevard and Brooklyn Boulevard to TH 100, and Xerxes Avenue from CR 10 to 55 Avenue. The project as proposed would also include construction of a sidewalk/bicycle trail on the south side of CR 10 from the North Hennepin Regional Trail (Shingle Creek Trail) to Xerxes Avenue, and on the east side of Xerxes from CR 10 to 55 Avenue. Finally, improvements would be made to various intersections in the area to improve crosswalk safety. The grant application is for funding for construction in either 2005 or 2006, which is the earliest those TE funds would be available. The Metropolitan Council expects to release point rankings of submitted applications by the end of November, with final decisions made in Spring, 2002. Should the grant application not be approved, we would prepare a more modest project for construction in 2003 or 2004, and would continue to seek out grant funding to supplement City funding. If the application is approved, we would work to develop a phased series of projects leading up to the larger project so that some improvement would be made prior to 2005. Federal Transportation Enhancement Fund Application INS UCTIONS: Complete and return to Kevin Roggenbuck, Transportation Coordinator, Transportation Office Use Only Advisory Board, Mears Park Centre, 230 E. Fifth Street, St. Paul, Minnesota 55101. (651) 602 -1728. Applications must be received by 5:00 PM or postmarked on August 31, 2001. *Be sure to complete and attach the Project Information form. .,T �, d... .;k* - .-:.. r:.,:.aa.• -: ;,;...... ,;.-, a- ed'k^vyae: .a:?;< .y< - .: ;2'r, as ?^ �+ig: t= ;.*::;° acr. sy. Kam: -� ­1.` INFORMATION - � : 1. APPLICANT City of Brooklyn Center 2. JURISDUCTIONAL AGENCY (IF DIFFERENT) 3. MAILING ADDRESS 6301 Shinqle Creek Parkway CITY Brooklyn Center STATE MN ( ZIP CODE 55430 4. COUNTY Hennepin 5. CONTACT PERSON TITLE PHONE NO. Diane Spector Director Public Works 663 )569 -3340 11. PROJECT INFORMATION 6. PROJECT NAME Brooklyn Center Opportunity Site Implementation, Phase I 7. PROJECT DESCRIPTION (Please provide location, termini, length, type of improvement, etc...} Attached -­ PROJECT FUNDING' 8. Are you applying for funds from another source(s) to implement this project? Yes No _ X If yes, please identify the source(s): 9. FEDERAL AMOUNT $ 1, 000, 000 12. SOURCE OF MATCH FUNDS Local 10. MATCH AMOUNT $ 250,000 13. MATCH % OF PROJECT TOTAL 25% 11. PROJECT TOTAL $ 1,350,000 14. PROGRAM YEAR (CIRCLE ONE) 200 2006 IV, CHECKLIST::. 15. THE FOLLOWING ITEMS ARE REQUIRED © Project Description Project Location and Limits Map (Reproducible) © Response to Each Qualifying Criterion Response to Each Prioritizing Criterion ® Completed Applicable Worksheets and Checklists 16. SIGNATURE 17. TITLE Director of Public Works V Transportation Enhancements Proposal Brooklyn Center Central Business District Opportunity Site Implementation, Phase I Project Description: Installation of sidewalk/trail on: • South side, CR 10 (CSAH 10) from Shingle Creek Parkway (MSAS 109 -109) to Xerxes Avenue (MSAS 109 -110); and • East side, Xerxes Avenue from CR 10 to 55 Avenue (MSAS 109 -122). Installation of colored concrete radiuses, median ends, and curb cuts and improved crosswalk pavement markings at the following intersections: • CR 10 and Shingle Creek Parkway; • CR 10 and Northway Drive; • CR 10 and Xerxes Avenue; • Xerxes and 56 Avenue (MSAS 109 -123); • Xerxes and 55 Avenue; and • Brooklyn Boulevard (CSAH 152) and 55 Avenue. Installation of boulevard and median landscaping trees raised beds and planters) P g( P ) on: ❑ CR 10 from TH 100 to Brooklyn Boulevard; ❑ Brooklyn Boulevard from CR 10 to TH 100; and ❑ Xerxes, CR 10 to 55 Avenue. Installation of decorative street and pedestrian -level lights on: ❑ CR 10 from TH 100 to Brooklyn Boulevard (CR 152); ❑ Brooklyn Boulevard from CR 10 to TH 100; and ❑ Xerxes, CR 10 to 55 Avenue. Installation of improved trail signs and informational kiosks on: • North Hennepin Regional Trail from TH 100 to CR 10; • CR 10 from North Hennepin Regional Trail to Xerxes; • Xerxes from CR 10 to 55 ;and • 55 from Xerxes to Brooklyn Boulevard. PROJECT INFORMATION (To be used to assign State Aid Project Number after proj ect is selected) Please fill in the following information as it pertains to your proposed project. Items that do not apply to your project, please label N /A. Do not send this form to the State Aid Office. For project solicitation package only. COUNTY, CITY RLEAD AGENCY Brooklvn Center FUNCTIONAL CLASS N/A (If project is a roadway project) ROAD SYSTEM CSAH, MSAS (TH, CSAH, MSAS, or OFF SYSTEM ROAD (CO. RD., TWP. RD., CITY STREET) ROAD NO._(ifapplicable) CSAH 10; CSAH 152; MSA 109 -110 NAME OFROAD CR10; Brooklyn (Example; 1st ST., MAIN AVE) Blvd.; Xerxes Avenue North IF KNOWN, OTHER TIED PROJECTS: N/A LOCATION: From: DO NOT INCLUDE To: LEGAL DESCRIPTION SECTION - TOWNSHIP -RANGE OF ONE END OF PROJECT 2-118-21 TYPE OF WORK Sidewalk /Trail, Lighting, Landscaping Examples: GRADE, AGG BASE, BIT BASE, BIT SURF, SIDEWALK, CURB AND GUTTER, STORM SEWER, SIGNALS, LIGHTING, GUARDRAIL, BIKE PATH, PED RAMPS, ETC. PROJECT LENGTH: IN MILES RURAL MILES MUNICIPAL MILES 1.6 7 URBAN MILES (List miles in each city the project passes through) BRIDGE /CULVERT PROJECTS OLD BRIDGE NO. or IF CULVERT, TYPE AND SIZE NEW BRIDGE NO. STRUCTURE IS OVER NAME OF TWP. • Vi Transportation Enhancements Proposal Brooklyn Center Central Business District Opportunity Site Implementation, Phase I Qualifying Criteria 1. QUALIFYING ACTIVITIES The proposed project encompasses two of the 12 qualifying activities: facilities for pedestrians and bicyclists and landscaping and other scenic beautification. Indirectly, the project also addresses a third activity, safety and educational activities for pedestrians and bicyclists, through the elimination of conditions that allow unsafe pedestrian and bicycle uses. Facilities for pedestrians and bicyclists The proposed project includes completion of several "missing links" of sidewalk/trail as well as linkages to the North Hennepin Regional Trail and the City of Brooklyn Center's local trail system. Improvements to pedestrian crossings are also included as a part of the proposed project. Also included is the improvement of a substandard segment of the North Hennepin Regional Trial that crosses the parking lot of Brookdale Shopping Center. Landscaping and other scenic beautification Both Hennepin County Road 10 (CSAH 10) and Brooklyn Boulevard (CSAH 152) are A minor arterials over 100 feet wide, with narrow to wide turfed medians. Adjacent to the roadways are various commercial and retail uses with large parking lots. Small planters adjacent to Brookdale Shopping Center are usually planted with annuals. These transportation corridors are very stark, and the minimal landscaping is not of appropriate scale. This project would include substantial landscaping on the boulevards and the turfed medians. Raised planting beds on the medians would visually "break up" the expanse of pavement as well as discourage mid -block pedestrian crossing. Colored concrete radiuses would help delineate proper pedestrian crossings. Decorative street and pedestrian lighting would increase illumination while creating a unified sense throughout the retail district. Safety and educational activities for pedestrians and bicyclists The project includes installation of street and pedestrian level street lights to improve safety. Also included are design features that discourage pedestrian crossing mid - block, which now occurs frequently. City of Brooklyn Center: Opportunity Site Implementation Phase I Page 1 2. PROJECTS MUST RELATE TO SURFACE TRANSPORTATION The project relates to several modes of surface transportation. Bicycle and pedestrian facilities would encourage walking and bicycling to and between retail uses. These facilities would be integrated with the relocated Metro Transit Brookdale Transit Hub. County Road 10 and Brooklyn Boulevard are both A minor arterials, carrying about 14,000 and 21,000 ADT respectively. The proposed enhancements would improve safety by increasing illumination and calm traffic by increasing landscaping on both the boulevard and median. 3. IMPLEMENT A SOLUTION TO A TRANSPORTATION PROBLEM DISCUSSED IN: 1) COMPREHENSIVE PLAN; 2) CAPITAL IMPROVEMENT PROGRAM; 3) AN ADOPTED CORRIDOR STUDY; OR 4) SOME OTHER OFFICIAL PLAN OR PROGRAM. The proposed project would implement the first phase of the Brooklyn Center Central Business District Smart Growth Opportunity Site study. Brooklyn Center is one of six Smart Growth Opportunity Sites Metro wide selected by the Metropolitan Council for intensive study. This study applies Smart Growth principles to a plan to revitalize and redevelop the City's central core. A final study report is planned for Spring, 2002, but in community workshops and staff/consultant work thus far certain principles have been identified as being common to any plan for redevelopment: sidewalk/trail linkages and streetscape improvements. Because these improvements can be made readily with limited property acquisition, they have been combined into the proposed project and titled Phase I Implementation. The proposed improvements also address problems identified in the City's adopted Comprehensive Plan, Capital Improvement Program, Brooklyn Boulevard Enhancement Study, and Brooklyn Boulevard Corridor Study. Attached are excerpts from the city's approved Comprehensive Plan. In summary, the various studies conclude that connections and linkages between neighborhoods, corridors, parks and open spaces, central business district should be improved and that the visual environment should be enhanced. 4. PROJECTS MITIGATING A TRANSPORTATION PROJECT ARE NOT ELIGIBLE The proposed improvements do not involve mitigation, nor are they are requirement of any permit. 5. APPLICANT MUST ASSURE IT WILL OPERATE AND MAINTAIN THE' PROPERTY AND FACILITY THROUGHOUT ITS USEFUL LIFE The City of Brooklyn Center through a cooperative maintenance agreement with Hennepin County will agree to own and maintain any enhancements constructed as a part of the proposed improvements. A similar agreement with Hennepin County was obtained for ISTEA- supported work on Brooklyn Boulevard, 65 Avenue to the north city limits. City of Brooklyn Center: Opportunity Site Implementation Phase I Page 2 6. IMPROVEMENTS MUST HAVE AN ESTIMATED COST OF AT LEAST $125,000 The estimated cost of this roject is $1.35 million. P J Estimated Cost I Landscaping $285,000 Lighting 760,000 Sidewalk/trail/curb /median 210,0001 Subtotal $1,255,000 1 Engineering/admin 95,0001 Total $1,350,000 1 7. TAB WILL NOT PROVIDE MORE THAN $1,000,000 IN TE FUNDS The City of Brooklyn Center requests $1,000,000 in TE funds, and will fund its share and other non - fundable costs such as engineering design from local funds. 8. PROJECTS MUST HAVE AN ASSURED LOCAL MATCH OF AT LEAST 20 PERCENT S The City of Brooklyn Center has set aside a minimum of $350,000 in its Capital Improvements Program for this project. 9. TAB WILL NOT PROVIDE FUNDS FOR STUDY COMPLETION, ENGINEERING DESIGN, CONSTRUCTION ENGINEERING, OR OTHER SIMILAR COSTS Those costs will be funded locally. 10. BIKEWAYS AND COMBINED BIKE/PEDESTRIAN FACILITIES MUST MEET STATE AID AND AASHTO STANDARDS The proposed improvements would meet those standards. 11. PROJECTS MUST BE COORDINATED WITH ALL AFFECTED COMMUNITIES AND OTHER LEVELS AND UNITS OF GOVERNMENT The proposed improvements would be coordinated with Hennepin County, Metro Transit, Suburban Hennepin Regional Parks and Mn/DOT as well as adjacent retail owners and the community at large. City of Brooklyn Center: Opportunity Site Implementation Phase I Page 3 Transportation Enhancements Proposal P p Brooklyn Center Central Business District Opportunity Site Implementation, Phase I Prioritizing Criteria A. RELATIONSHIP TO THE INTERMODAL OR MULTIMODAL TRANSPORTATION SYSTEM 1) Describe how the project will function as a component or an enhancement of the transportation system. The project would complete the network of sidewalk/trails in the area surrounding Brookdale Shopping Center, a regional mall, to serve the transit, housing, educational, and retail uses in the area. The project would also construct trail linkages from the North Hennepin Regional Trail across Brookdale and Brooklyn Boulevard to the local trail system leading to the Twin Lakes area. This linkage, a segment of the proposed Brooklyn Center - Robbinsdale Corridor Trail, was identified in the Suburban Hennepin Regional Park District "First Tier Trails, Greenways, and Parks Plan" as being recommended for implementation. Other segments of that corridor will be constructed along with the TH 100 widening project now underway through Golden Valley, Crystal, Robbinsdale, and Brooklyn Center, and with future Brooklyn Center neighborhood street projects. Street lighting in the corridors would be increased, improving both vehicular and pedestrian safety. Finally, additional landscaping would provide opportunities for traffic calming while improving the aesthetics of what are now very stark transportation corridors. 2) Describe how the project will have a beneficial impact on the transportation system, the community where it is located, or the environment. As a Smart Growth Opportunity Site, it is intended that the Central Business District be redesigned to be more people - friendly. Mobility options are a hallmark of Smart Growth: transit anchored; pedestrian and bicycle friendly; walkable, tree lined streets. This project is a first step towards implementation of this approach. The proposed project would fill in missing segments in the sidewalk and trail system, to improve linkages between the regional trail and transit, retail, educational, and housing uses in the immediate area. This would encourage pedestrian and bicycle usage. Substantial landscaping would be added to make walking and bicycling a pleasant alternative to driving, as well as to improve the aesthetics of the entire area. Pedestrian and bike safety would be improved by adding lighting and improving crosswalks, as well as eliminating opportunities to cross at inappropriate and unsafe locations. Mid -block crossing is frequent in this area. City of Brooklyn Center: Opportunity Site Implementation Phase I Page 4 Traffic safety would be improved by using lighting and landscape materials to calm traffic. Finally, substantial landscaping and decorative lighting would not only improve the aesthetics of the area, but would also create a unified sense of place. 3) Describe the project's proximity to the following: a) principal and A minor arterials; b) public transit routes; c) railroads, ports, and intermodal terminals; d) bikeways and pedestrian facilities; and e) population and job concentrations likely to use or benefit from this project. a. Principal arterials: the proposed project is immediately adjacent to TH 100;1- 94/694 is approximately 3 /4 mile north on Shingle Creek Parkway. A minor arterials: Brooklyn Boulevard and County Road 10, on which improvements would be constructed, are A minor arterials. These arterials convey traffic to and from Brooklyn Center, Brooklyn Park, Minneapolis, Crystal, and beyond, as well as traffic to an from TH 100 and I -694. b. Public transit routes: Within the project area is a Metro Transit transit hub serving about 2,000 patrons per day; approximately eight routes traverse the project area. c. Railroads etc.: None. d. Bikeways and pedestrian facilities: the project area includes a regional bike trail, the North Hennepin Regional Trail, and a network of sidewalks. e. Population and job concentrations: Brookdale attracts an estimated visitors annually, and provides about jobs. Within the larger area are approximately jobs; the Hennepin County Brookdale Service Center including the Brookdale Library; and 3 higher educational institutions. B. PROJECTS WITH COMPONENTS THAT HAVE ALREADY BEEN FUNDED AND /OR IMPLEMENTED FROM OTHER FUNDING SOURCES. The proposed project would implement the first phase of the Brooklyn Center Central Business District Smart Growth study. Brooklyn Center is one of six Opportunity Sites Metro wide selected by the Metropolitan Council for intensive study. This study pp principles applies Smart Growth rinci les to a plan to revitalize and redevelop the City's central core. The Metropolitan Council funded this study through a grant from the McKnight Foundation. Elements of the proposed project have been supported by other funding sources, including the North Hennepin Regional Trail, which was constructed by the City in the mid 1980's with LAWCON funds. Some other elements such as existing sidewalks were constructed with municipal State Aid for Transportation funds. Drainage improvements in the area were funded by a $2 million grant from Department of Trade and Economic Development, which allowed for the development of the Shingle Creek Regional Pond. This off site storm water treatment City of Brooklyn Center: Opportunity Site Implementation Phase I Page 5 project allowed Brookdale to substantially expand and remodel the Shopping Center S without loss of parking. A missing link that would be filled in with this project is the substandard segment of the North Hennepin Regional Trail that crosses the Brookdale parking lot. This segment was identified in Hennepin Parks as being regional trail study g a trail segment to be improved. Currently the trail exits a pedestrian bridge crossing TH 100 onto a sidewalk, and then follows a sidewalk to County Road 10. Many bicyclists exit the sidewalk and use the Brookdale access road. This project would include improvement of the trail segment on the sidewalk, including widening, landscaping, and signage improvements, to keep bicyclists on the trail to CR 10. C. MULTIPLE ACTIVITIES. The proposed project encompasses two of the 12 qualifying activities: facilities for pedestrians and bicyclists and landscaping and other scenic beautification. Indirectly, the project also addresses a third activity, safety and educational activities for pedestrians and bicyclists, through the elimination of conditions that allow unsafe pedestrian and bicycle uses. D. PROJECT WHICH DEMONSTRATE MORE THAN A LOCAL BENEFIT ® The ro osed project is located within the city's Central Business District, and area p p p ) Y that includes a regional mall — Brookdale Shopping enter. Brookdale is currently undergoing a $50 million renovation to add retail space and modernize its facilities to restore its attractiveness as a regional mall. This retail area has a service area that includes most of the Northwest Metro area. Successful implementation of the Smart Growth concept means that shoppers at Brookdale would feel safe and taking a pleasant walk, for example, across CR 10 to a coffee shop, or across Xerxes Avenue to a flower shop. The project also includes improvements to other regional facilities, including the Brookdale transit hub and the North Hennepin Regional Trail. These improvements primarily serve the Northwest Metro area. From a larger perspective, selection of Brooklyn Center's Central Business District as a Smart Growth Opportunity Site means that it is intended to serve as a model for how Smart Growth principles can be implemented in other communities. Thus the improvements constructed here would be viewed by other communities Metro, state, or even nation wide as a model for implementation elsewhere. City of Brooklyn Center: Opportunity Site Implementation Phase I Page 6 E. BLUEPRINT IMPLEMENTATION 1) Support or enhancement of the following: a) transit oriented development that is bicycle and pedestrian friendly; b) a neighborhood revitalization area; c) a redevelopment are of increased intensification and mixed uses; d) an existing or proposed economic development node /job concentration; e) a development node on a transitway or a high volume transit, facility; J9 a brownfield revitalization project; g) access between housing and jobs. a. Transit- oriented development/bicvcle and pedestrian friendly. One of the primary objectives of the proposed project is the construction of missing sidewalks and trail links and the improvement of connections with the Brookdale transit hub and the north Hennepin regional trail. The proposed project would create pleasant, pedestrian and bicycle friendly linkages between several transportation modes, with adequate and attractive signage, landscaping, and lighting. b. Neighborhood revitalization. The Central Business District is undergoing redevelopment according to Smart Growth principals. The multi -phase redevelopment includes redevelopment of outmoded or vacant retail and construction of new housing. The neighborhood beautification that would result from the proposed project would increase the attractiveness of the site to potential redevelopers. c. Redevelopment area of increased intensification and mixed uses. The Smart Growth Study of the Central business District identified several options for mixed use and more intense development, including the addition of a substantial number of housing units. As above, implementation of the improvements in the proposed project would increase the attractiveness of the site to potential redevelopers, small business owners, and residents. d. An existing or proposed economic development node /iob concentration. The Brookdale Shopping Center in currently undergoing renovation. Redevelopment of adjacent areas has been on hold until potential investors are confident the Brookdale renovations are sufficient to anchor the area. The proposed project would enhance the attractiveness of the area, supplementing the efforts being funded privately by the owner of Brookdale. The combined improvements would serve as a vote of confidence in the future redevelopment of the area. e. Develop_ ment node on transitwav or high volume transit facilitv. The Brookdale Transit hub serves the second highest number of transit riders in the Metro area, second only to the Mall of America Transit Hub. Metro transit has $5 million allocated to construct a transit hub building to replace the current hub, which uses right of way on Xerxes Avenue. Improvements in the proposed project area would be coordinated with Metro transit so that appropriate pedestrian and bicycle linkages are made to adjacent retail, housing, and educational uses. City of Brooklyn Center: Opportunity Site Implementation Phase I Page 7 f. Brownfield revitalization. Not applicable. g. Access between housing and jobs. By Improving sidewalk and trail linkages, residents will have improved access between nearby housing, transit, and employment opportunities in redevelopment within the Central Business District. 2) Affordable Housing Performance. Brooklyn Center exceeds its affordable housing goals. Its affordable housing score is 60. F. MATURITY OF PROJECT CONCEPT See attached project development checklist (Appendix J). This project may be Categorical Exclusion, as activities are limited to the addition of sidewalk and bicycle trails, landscaping, and lighting. At this time we believe the project would require the acquisition of a short trail easement across Brookdale property at the Shingle Creek weir, but that the remainder of the project will likely be able to be constructed within existing right of way. This project is proposed for construction in 2005. Conceptual and preliminary design would occur in 2003 with final design and construction approvals and any necessary easement acquisitions in 2004. City of Brooklyn Center: Opportunity Site Implementation Phase I Page 8 , Letters of support being solicited from Hennepin County, Metropolitan Council (Commissioner Todd Paulson) and Hennepin Parks I C a rxpeqia,-- ib 4ve T ir Ane p. kk-1 U N, =exi 121 81 103 - 7 Blaine W Rif) 0 L CkYl' 202 FR 6 , I � I I 1 k W 30 47)" nd LZ It 4 0 k ss in tt 49 X La 3 1139 8 Ua % 0 S. viel N- 2 Bro'* 101 3 0 Project Area FiSh L 9 rdeft' ta Itj r T A S reWev)i 44 4 10 r L 1252 4 — %- 1 19, , Jill 46 Y. 96 51 Fr' a e p3rd L J, ku 3rd v 62 11 A 12 70 47 J Mon - le jp 77 2 9th 46 %4 -�A 4u4nib 0 k ins, a e eigiv bb J 9 166 �71 T\,. 67 f 100 � ................ I'- 66 U 3 23 81 2 Ike nth 24 163 63 36 70 88 26 Go le 30 La derd K didin aK Ma Falco V i LL .66 Heig s G.Orn iN 286 L 40 12 r -Sf Pw -c L iG r-1 La 6 33 Soft 0 P,12,000 NavTech, C T.jnc 10 ru U r. ..ER Central Business District Opportunity Site Implementation, Phase 1 Regional Map � north } almer L /trail 1 normer Lake — ma y j OR r m lltt, 8 ar } LA 1. _. CO. R ' NO. 10 Improve trail segment across z i t. b Brookdale Add Sidewalk/Trail 67' i H U3 o � o � 'ORT O z BROOKDALE \�G �� J o {} MALL ,� Improved crosswalk y Existing sidewalk / trail SCHOOL New NNew sidewalk / trail New Landscaping 55TH AV { Decorative Street Lighting Location options for new Metro Transit Hub LIONS 2 PARK O�� wf,TER - CEN B OK O y TONER i z C 3 „ GOL North z 0�� C E Hennepin a ui ui ui Regional a o Trail W z U W z W Ex sidewalk / LILAC DR. 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"�� :a*.4._ �< .r �'Y ..�: �,y tea" ���� • � 4 't Y « f ,� "Y ' 01+111; 1 - k �F. 4 500 0 500 1000 Feet CENTER Central Business District Opportunity Site Implementation, Phase 1 Aerial Photo 0 o q � D LA - CO. RD. N0.10 x z 667 ` << - o m o X BROOKDALE o MALL ERICON NORTHPORT SCHOOL 55TH AVE. N. LIONS A N 2 = PARK v, W),TER` CEN B OK TOWER - Z O� ti-o . z O� C E Y Existing sidewalk/ trail LILAC DR. N. z z AVE. N. > a I 3UU l . \l 1 11 11 11 11 11 1 1 \ BROOKLYN Central Business District Opportunity Site Implementation, Phase 1 : Existing Conditions CENTER amt = — =' ����`;. >.. � � -' ¢ �:ir'u upii t �F,;� � I �� ? ®���� 91'�t1• / t= ° - . - UK - 7E `.Mmml i= "' * • MERIN_, OWN g is- = I =z=SIS zz zz I t- fit zz = =me �� i� _7/� a .iJ1 _ � L zz it r. I no I � LAND USE, REDEVELOPMENT AND COMMUNITY IMAGE PLAN What resources should be committed to upgrade this area. 4. 65TH AVENUE RESIDENTIAL NEIGHBORHOOD This largely single - family neighborhood located just south of 66th Avenue and north of I- 94/694 will continue to be subject to increasing traffic pressures as congestion increases on TH 252 and 1-94/ 694, leading to traffic taking alternate routes through the neighborhood. It is likely to be subject to increased traffic from the Gateway area in the future, as redevelopment occurs. The neighborhood will also experience economic pressure for changes in land use because of access and visibility from adjacent highways and proximity to commercial development. • What should the City do to sustain the viability of this neighborhood? 5. CITY CENTER This area, extending from Brookdale to the municipal complex and the Earle Brown Heritage Center, encompasses most of the City's retail, office and civic uses. While most of these buildings are occupied and in excellent condition, connections betwee th em are often lacking, and the whole area lacks a clear iden#ty and a meaningful internal circulation pattern. The continued success of the whole area li hinges on}he�Iorig -term viability of the Brookdale Shopping Center. • What should be the role of the City in the future of the City Center? • Should land development be intensified from current levels? • Should this area take on more of an "urban, downtown" feet? • Should the edges of the City Center be expanded into adjacent_ single-family ' neighborhoods through redevelopment? • What should be done, if anything, to improve the transition and buffer between the ' commercial land uses in City Center and their single-family neighbors? • What should be done to link the City Center to the rest of the community better? • Where in the order of priority does City Center currently stand_, among other locations vying for City involvement? How might that order shift in the future? 5A. NORTHBROOK SHOPPING CENTER AND V ICINITY • What es of uses should be considered for Northbrook Shopping Center as it is hJP i Ct _ redeveloped over time? 1 JANUARY 2000 2-1 BRW, INC. ¥24531 LAND USE, REDEVELOPMENT AND COMMUNITY IMAGE PLAN 5. Assist in the adual evolution �' tion of the Brooklyn Boulevard corridor consistent with the 1996 lan so that it offers s a positive, complementary different environment from that of the City Center. P entary but 6• Use the zoning ordinance to provide for a more flexible mix of land uses and to encourage good design. COMMUNITY I MAGE 7• Improve the connections and linkages between eighbo hoods, -major 2 c Ors, pks and open space, and the Ci Center, throe h streetsciF 3' g eme nts; signage systems, and o ther public realm improvements. • Improve the Brooklyn Boulevard corridor through redevelopment and intensification of underutilized sites, traffic improvements, and appearance enhancements, as outlined in the Brooklyn Boulevard Streetscape Amenities Study (1994). • Improve the landsca lightin g,sidewallcs and, possibly, bike lanes along major streets th link -the- neighborhoods to--the Clay Centear such as 57th Avenue /Bass Lake Road 63rd, 69th, and Xerxes Centel, etp `Tri puticular, create a vises strong loop around the City using 57th, 69tfi and Dupont Avenues and lirooldyrr Boulevard. Establish a 20 -year program through the City's capital improvement progr process to identify, rank, finance and accomplish such improvement. Coordinate this work with street reconstruction projects. • Improve the appearance of the Brookdale Mall vicinity through signage, landscapin and upg rading of co mmercial areas. • Revisit the possibility of making the Humboldt Avenue corridor a neighborhood amenity through a combination of public and private improvements. One aim would be to make this corridor a link between an enhanced 57th Avenue and the proposed new open space in Minneapolis. Extending the corridor treatment in some form all the way to Brooklyn Park should be another strong consideration. (Unlike the 1996 Hennepin Community Works "Humboldt Greenway "proposal, these improvements would not require land acquisition.) • Strengthen the pedestrian bicyclist link from Shingle Creek south through Lions Park to Humboldt Avenue and south to the Grand Round of the Minneapolis parkway system. Better signs and street J ANUARY 2000 *24531 Z_' 9 - � ` BRW, INC. LAND USE, REDEVELOPMENT AND COMMUNITY IMAGE PLAN crossing strives are needed so that bicyclists can find t heir way safely through the- Brook__dale parking lot. Thi wo uld fill a g�p in the regional gree way...syslern 8. Improve local public access to and awareness of the City's natural amenities, specifically the Mississippi River and the Twin Lakes. • Work with Hennepin Parks and the City of Minneapolis to extend and improve the North Mississippi Regional Park. • Improve the sidewalks, landscaiRm: and li ghting alb 57th Avenue to enhance sense of that corridor as a passageway between the city center, the southwest neighborhood and the riverfront park. • Use the riverfront and lakefront as amenities that can serve surrounding neighborhoods, rather than just adjacent property owners, and can create a setting for higher -value housing. 9. Capitalize on the City's visibility and access from state and interstate highways through improved signage and landscaping. 10. When practical and feasible, use naturally- designed drainage for better storm water management and community beautification. JANUARY 2000 2-20 BRW, INC. i1124S31 LAND USE, REDEVELOPMENT AND COMMUNITY IMAGE PLAN 5. CRY CENTER As mentioned above under "City -Wide Land Use Issues," this area has experienced much new development in the 1980s and 90s. The long -term strategy for strengthening this area as a true "town center" involves gradual "intensification" — adding complementary land uses such as medium - density housing, adding structured parking to reduce the amount of land in surface arkin lots, enhancing p g g transit services and facilities, and adding more pleasant outdoor public or semi- public spaces. -' 5A. NORTHBROOK SHOPPING CENTER AREA Like Humboldt Square, this neighborhood shopping center could benefit from redevelopment. While its current retail use is appropriate, this location may also be suitable for a more comprehensive mixed -use redevelopment that would include the surrounding retail and residential uses. 6. 53RD AVENUE CORRIDOR Brooklyn Center initiated in 1996 a project to create a green buffer and pedestrian path along 53rd Avenue from I -94 to Bryant Avenue. One north -south local street would be shortened and looped, creating a new road parallel to 53rd, bordered with new housing parcels and green space. The project will also improve pedestrian access to the riverfront parkland. If this project is judged a success, the City will discuss with other residents the possibility of extending it further west, perhaps to Humboldt Avenue, which is also proposed for improvement in both Brooklyn Center and Minneapolis. There may be an opportunity to collaborate with the City of Minneapolis to implement further improvements. 7. SOUTHWEST NEIGHBORHOOD A. JOSLYN srrE AND VICINn The level of cleanup this site has undergone and the amount of monitoring it will require make it suitable for continued industrial rather than residential use. Furthermore, its proximity to the rail line and other industrial uses seem to point toward continued industrial use. However, the lakefront portion of the site, consisting mainly of wetlands and floodplain, should remain as undeveloped open space. The City should continue to assist in the removal of the small multiple- family - buildings between Lake Breeze Avenue and the Joslyn site, and their replacement with new duplexes or possibly single - family units. B. 47TH AvENuE: The row of apartments on the south side, although sandwiched between industrial uses on the north and a channel of Ryan Lake on the south, are in sound condition. In spite of their proximity to industry, they JANUARY 2000 2 BRW, INC. *24531 i. LAND USE, REDEVELOPMENT AND COMMUNITY IMAGE PLAN seem to be viable sources of affordable housing, and, as such, should remain in place for the time frame of this plan. S. RIVERFRONT AMENITY AREAS The City's Mississippi riverfront offers opportunities for upgrading surrounding neighborhoods and increasing housing values. When waterfront properties extend to the shoreline, as they do today, the amenity value of the waterfront is reflected only in the values of those properties, while residents just inland have no access to the waterfront, and share none of the increased value it brings.. Redeveloping these areas with common amenities spreads their value over the entire neighborhood. For example, redevelopment of residential areas along the riverfront on the west side of Lyndale Avenue with higher -value detached or attached housing could help ` to diversify the City's housing stock while capitalizing on views of the river and parkland on the east side. -�' 9. ROAD CORRIDOR ENHANCEMENTS E - It is proposed that the City undertake a 12nE�-term program to beautify and visually unite the City Center and surrounding neighborhoods by creating,f ee disti 3 iziterconnecte2 road corridor "loops" as + shown on Figure 2-4, Road Corridor - F.n)iaiicemerits: �� _._ ............._ .... __. . A . COMMERCIAL - CIVIC LOOP This loop includes segments of B�roold.,y-n B 69th Avenue N., Shingle Creek Parkway, _and County Road 0. tlinks- most• -; of the City's commercial and civic uses within the City Center B. NEIGHBORHOODS LOOP This loop offers an alternative route around and into the City Center, using the largely residential north -south streets of Xerxes and Dupont Avenues and the east -west connecting segments of 69th Avenue and County Road 10/57t1i Avenue N. C. SOUTHEAST NEIGHBORHOOD PARKS Loop: This loop would act as an internal circulation system and public amenity within the Southeast neighborhood, linking parks, schools and the riverfront, along 53rd Avenue, Humboldt Avenue, 57th Avenue and Lyndale Avenue. Improvements to Humboldt Avenue as part of this loop would be coordinated with proposed improvements to that street in Minneapolis. This project would have the added benefits of supporting housing values and pride in the Southeast Neighborhood and of extending the effects of the other proposed streetscape improvements. 1'. One of the themes of this plan is to improve the sense of a civic core surrounded by a ring of residential areas. This would be achieved by a strategy of uniting the J ANUARY 2000 2-29 BRW, I #24531 LAND USE, REDEVELOPMENT AND COMMUNITY IMAGE PLAN neighborhoods more strongly, hr idn them to the City Center area complementing g t , co p ementing j the improvements proposed for Brooklyn Boulevard and mi_n;miz the barriers posed by the highways. Other benefits include better linkage to the riverfront park and neighborhood enhancement. Physical elements of the loops may include coordinated, attr active stareet lighting, bo �"evar tr eason 7�r�ower plots, continuous , sidewalks, bike lanes when feasible, corner cures "bump- outs; "directional signs, and neighborhood entry signs. Work on 57th Avenue could also be part of a program to improve the community's access to an enhanced riverfront park. It is anticipated that these and related streetscape improvements . would be conducted over 20 years, in conjunction with local street improvements. This loop system should be formally incorporated into the City's Neighborhood Street and Utility Improvement Program. SOLAR ACCESS POLICIES Since 1978, in response to the energy shortages of that decade, state legislation requires that local comprehensive plans include a solar access protection element. Solar energy can supply a significant portion of the space heating and cooling and water heating requirements of the individual home or business, through the use of active or passive solar energy systems. About half of the local streets in Brooklyn Center, mainly in the City's western neighborhoods, run east -west, giving many houses a southern orientation. However, the City's extensive mature tree cover I partially shades the typical house. The City can protect solar access on individual properties by: 1 ■ Requiring that builders of units of two or more stories requiring setback variances or requesting Planned Unit Development designation demonstrate that their proposals will not reduce winter solar access to the second story or roof of the adjacent building to the north. Solar access should be explicitly reviewed in each variance case, and in all PUD proposals. • Exempting solar collectors from height re necessary, P g gh restrictions >f es ary, p rovided that they do not block solar access to the adjacent building's roof. JANUARY 2000 2-30 BRW, INC. #24531 � tt• • : u m o. m �:_ _c =__ '..q.i I141Ir101 - = 7 7 :11 /IIIIn �_ _ - . . uu.n' C _ � �5� ;'i'� L4 / � � � .: -_ =o ' -_ o ' �• nuL% • i 3 : ... r.. -_ _ o c: a o;'� lu - �__ � '• '? � f. 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BE %1�►��$�Q�luuuue _ � auumru o � ■ / � �� i ���'� G.I � � ,-L � ■ , .� Vii' APPENDIX J Project Development Checklist Project path — Class I Environmental Impact Statement or X Class II Project Path Report/Memorandum or Class III Environmental Assessment (EA) — Has been determined by FHWA Has been determined by MN/DOT X Is considered likely by proposing agency Need for added right -of -way not currently owned by project applicant _ Likely X Unlikely Absolutely Unnecessary Other project impacts and status of consideration Impact Likely Absolutely Likely No Mitigation Mitigation Impact No Idea Impact Discussed Agreed 4(f) Parks x Sec. 106 Historic x Endangered Species x Section 404 Permit x Air Quality x Noise x Floodplain x Wetland x Water Pollution x Adjacent Property x Hazardous Waste x and Contamination 92 S For actions determined or likely to be determined as Class I: Impact Started Complete Approved (1) Scoping Document � Scoping Meeting Scoping Decision Document g }- ~` Draft EIS (DEIS) DEIS Public Hearing Final EIS Record of Decision Study Report For actions determined or likely to be determined as Class H: Impact Needed Not Needed I Started Complete Approved (1) I Project path report x Project memo X Public meeting x • Study report X For actions determined or likely to be determined as Class III: Impact Needed I Not Needed Started Complete Approved (1) Scoping report Pre -EA public involvement ' I Environmental Assessment Public -, hearing/Opportunity I Finding of No Significant Impact Study report (1) Include a co of cover sheet of approved document PY PP 93 City g Council Agenda Item No. 10f IF BROOKLYN CENTER POLICE DEPARTMENT MEMORANDUM TO: Michael McCauley, City Manage . FROM: Joel Downer, Chief of Police - DATE: 8 -22 -01 SUBJECT: Joint and Cooperative Agreement The Anoka- Hennepin Narcotics and Violent Crimes Task Force is comprised of nine law enforcement agencies that have assigned employees to work cooperatively with drug interdiction efforts through the investigation of crimes related to drug trafficking. The agreement must be renewed annually. The agreement submitted will be in effect calendar year 2002. Thirty -five cases have been investigated, seven search warrants have been served, and thirty -three arrests have been made by the Task Force in Brooklyn Center during the first six months of 2001. DOWNER deh ANOKA- HENNEPIN 612 - 784 -3255 NARCOTICS AND VIOLENT CRIMES TASK FORCE FAX 784 -3451 ✓' r August 7, 2001 Dear Enclosed is your department's copy of the Anoka- Hennepin Narcotics Task Force Joint and Cooperative Agreement. Please have your mayors and city managers sign the agreement form and return the form to me by October 1, 2001. Please call me if you have any questions. Sincerely, Rob Bredsten Lieutenant Anoka County Sheriffs Office 763 - 323 -5034 JOINT and COOPERATIVE AGREEMENT t Anoka - Hennepin EM Narcotics &Violent Crimes Task Force • JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKA - HENNEPIN EM NARCOTICS AND VIOLENT CRIMES TASK FORCE I. PARTIES The parties to this agreement are political subdivisions of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section § 471.59, as amended. II. PROBLEM AND PURPOSE The parties hereto find that drug abuse and related violent criminal activities have increased significantly within and between their communities in recent years. As first ring - suburban communities located on or near the northern borders of Minneapolis and St. Paul, a significant amount of drug traffic, violent crime, and organized criminal gang activity has emerged and migrated into their communities. Linked by the 610, 694, and 169 bridges over the Mississippi River, the communities share common borders with easy access which has provided a conduit for drug traffickers and criminal elements to utilize. The nature of drug law enforcement, violent crime, and the criminal enterprise associated with them does not adhere to jurisdictional boundaries. In addition, the individual parties hereto face the difficulty of limited resources and ever - increasing demands for service which make effective organized drug enforcement difficult on an individual basis. The general purpose of this agreement is to provide coordination and joint enforcement efforts within the jurisdictional boundaries of the parties of controlled substance crimes as defined in federal, state, and local statutes, as well as related violent crime and the criminal enterprise associated with them. III. AFFILIATION This joint enforcement project will have an affiliation with the East Metro Coordinated Narcotics Task Force through the participation of Anoka County in the East Metro Coordinated Narcotics Task Force Joint Powers Agreement. As a part of this affiliation, activities of this project may be coordinated with East Metro Coordinated Narcotics Task Force activities. IV. NAME This joint enforcement project shall be known as the Anoka- Hennepin EM Narcotics and Violent Crimes Task Force. V. MEMBERSHIP The parties to this agreement shall be the Cities of Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Coon Rapids, Fridley, Maple Grove, and the County of Anoka (herein collectively referred to as "the parties "). VI. ADMINISTRATION A Task Force Advisory Board is formed consisting of the Chiefs of Police and Sheriff, or his or her designee, from each party. The Task Force Coordinator and supervisors will serve in an advisory capacity and shall have responsibility for administration of the Task i 2 Force. A prosecuting attorney from Anoka and Hennepin Counties will act in an advisory capacity to the Board. The County of Anoka will provide the day -to -day administration of the Task Force through the assignment of the Investigative Lieutenant, assisted by a sergeant assigned to the Task Force by the Coon Rapids Police Department. The Task Force Advisory Board members, which have voting authority, will be the Chiefs of Police and the Sheriff, or his or her designee, from each party. The votes shall be weighed based on the number of officers assigned to the Task Force. In any issue requiring a vote of the Advisory Board, a quorum of five voting members must be present to vote. In order for a motion to pass, a majority vote shall consist of at least eight votes. The Advisory Board shall elect a chair to conduct board meetings and serve as liaison between the parties, the Coordinator, and the Board. VII. OPERATION Section 1. Composition The Task Force shall initially consist of 14 full-time peace officers POST licensed to practice law enforcement as defined in Minnesota Statutes, Chapter 626. These officers will be assigned to the Task Force by the parties as follows: Anoka Police Department 1 Officer Anoka County Sheriff 3 Officers 1 Lieutenant Blaine Police Department 1 Officer 3 Brooklyn Center Police Department 1 Officer Brooklyn Park Police Department 2 Officers Champlin Police Department 1 Officer Coon Rapids Police Department 1 Officer 1 Sergeant Fridley Police Department 1 Officer Maple Grove Police Department 1 Officer Each officer will remain an employee of the party assigning the officer to the Task Force. The Advisory Board may approve a change in the composition of the Task Force upon the request of any party. No party may be required to assign additional officers to the Task Force without the consent of the affected party. Section Z Chain of Command Coordinator/Lieutenant: The Task Force Coordinator shall be the head of the Task Force. The Criminal Investigation Lieutenant of the Anoka County Sheriff's Department will act in this capacity at the onset of this agreement. The Coordinator shall serve at the pleasure of the Advisory Board and may be removed by a majority vote of the Board. The Coordinator reports directly to the Advisory Board. The Coordinator will make the day -to -day operational and administrative decisions of the Task Force. Supervisors /Sergeants: One sergeant shall be assigned to the Task Force by the Coon Rapids Police Department. One Team Leader shall be assigned to the Task Force by the • 4 Anoka County Sheriff's Office. The Sergeant and Team Leader operate at the direction of the Task Force Coordinator. They are responsible for the direct supervision of officers assigned to the Task Force by the parties. Officers: Officers assigned to the Task Force operate at the direction and under the supervision of the Task Force Coordinator and Supervisors while assigned. Clerical: The Task Force may hire clerical support for the Task Force from the grant budget. The City of Brooklyn Park agrees to act as the employer of the person hired. Section 3. Equipment Equipment purchased by the Task Force during the grant period for Task Force usage shall be divided amongst the parties by the Advisory Board at the end of the grant period if this agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, all equipment owned by the Task Force will be distributed between the parties as decided by the Advisory Board. Parties are expected to also utilize their own equipment such as body transmitters and surveillance vans on an as- needed basis. All equipment brought into Task Force use by an agency will remain the property of the agency supplying said equipment. Section 4. Facilities Each Task force member will work out of a centrally located office furnished and maintained by the Task Force as provided in the annual grant budget. Section S. Policy and Procedure Operational policy and procedure may be developed for the Task Force based on an i 5 examination of operational goals and administrative need. These policies and procedures will be proposed to the Advisory Board by supervisory staff who will conduct ongoing evaluations of Task Force operations and need. Policies and procedures will be implemented at the direction of the Advisory Board. Section 6. Purchase of EvidencelInformation The Task Force Coordinator, will maintain an accounting of all confidential funds utilized for the purchase of evidence and information and to pay investigative expenses incurred by the Task Force. The administration of confidential funds will undergo review b the Task Force supervisory personnel prior to implementation of the following procedure. Y P rYP P P gP In the event changes of procedure are deemed necessary, they will be reflected in policy and procedure developed for the Task Force. At present, each Task Force officer will fill out a "Confidential Funds Receipt" when obtaining advances of confidential funds from the Coordinator or Supervisor. Upon expenditure of confidential funds by a Task Force officer, a "Payment for Evidence and Information" form will be completed by the officer making the expenditure, and this form will be forwarded in a timely fashion to the Coordinator. The Coordinator will maintain a master expenditure to for all Task Force officers. Each P g individual officer will maintain an individual expenditure log for confidential funds. The Coordinator will audit the confidential funds on a regular basis and will file the necessary quarterly report with the Office of Drug Policy of the Minnesota Department of Public Safety. 6 Any evidence obtained or seized by the Task Force will be maintained in the department property room of the officer assigned as the case agent. Section 7. Supplies Office supplies will be provided by the Task Force under the grant annual budget. Any supplies not itemized in the grant annual budget will be provided by that officer's employment agency. Section 8. Sworn Personnel Each party is providing licensed peace officers under the conditions outlined herein. Wages and benefits for these officers will be the primary responsibility of the officer's employing agency during the grant period. Wage and benefit reimbursement, to include overtime costs, may be reimbursed through the grant as approved by the Advisory Board. The Sergeant's position will be reimbursed from the grant the difference between detective pay and sergeant's pay. An officer assigned to the Task Force by a party may be removed from the Task Force by the appointment party or through a majority vote of the Advisory Board. The party shall then appoint a suitable replacement for the removed officer. Peace officers assigned to the Task Force shall be equipped by their employment parties with appropriate police credentials and suitable firearms. The employment party will be responsible for providing any POST required training to their officers assigned to the Task Force. 7 The Coordinator may direct additional, specialized training to be paid through the grant budget. Section 9. Vehicles The Task Force shall lease up to one vehicle for each officer assigned to the Task Force. Each party will be responsible for fuel, insurance, and maintenance costs incurred by the vehicle(s) leased for the officer(s) assigned by that party. Upon termination of this agreement, the vehicles will either be absorbed by the parties agreeing to assume leasing obligations or returned to the leasing agency. Vehicles owned by a party and utilized by the Task Force will remain the responsibility of the party, as will costs incurred for the vehicle's use and maintenance. VII. TASKS Section 1. The primary function and responsibility of the Task Force is to detect, investigate, gather e evidence and apprehend drug traffickers within the geographic g g � PP g g �' hic area of P the parties. As a result of the nature of covert undercover operations, it is anticipated that undercover operatives may detect or become aware of other crimes. The Task Force will pursue other avenues of investigation only upon recommendation of the Task Force Coordinator and by permission of the Chief of Police or Sheriff of the particular party involved. In addition, the Task Force may be used for other investigative purposes under exigent circumstances or in a capacity wherein the nature of the investigation being undertaken requires undercover officers. 8 Section 2. It is the mission priority of this Unit to investigate drug wholesalers (those individuals who bring drugs into the Task Force area), street -level drug distributors, those persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals who attempt to acquire pharmaceutical drugs in violation of the provisions of Minnesota Statutes, Chapter 152. Section 3. A function of the Task Force will be to gather and to disseminate controlled substance intelligence information. The Task Force will maintain an ongoing intelligence filing system. The Task Force will attempt to investigate those leads, maintain on file that information, and upon request disseminate that information to the parties hereto. Section 4. With permission of the Task Force Coordinator, the Task Force will provide training to member parties requesting that service. Requests for community drug education and drug awareness will be provided only upon permission of the Task Force Coordinator and the department of that particular party. Section S. Public announcements concerning the function of the Task Force will be made only by permission of the Advisory Board in conjunction with the parties to this agreement and by approval of the Chief of Police or Sheriff of the party in which that release is to be made. Section 6. Public announcements concerning arrests or investigations conducted by the Task Force will be made by the Chief of Police or Sheriff of that party, or his or her designee, where that arrest was made, and upon approval of the Task Force Coordinator. News • 9 releases concerning the Task Force's function, investigations, and/or arrests will not be made by any Task Force officer unless specifically requested by the Chief of Police or Sheriff with permission of the Task Force Coordinator or the Advisory Board. VIII. FINANCIAL MATTERS Section 1. The fiscal year of the Task Force shall be the calendar year. Section 2. The Finance Department of Anoka County will be responsible for the administration of all funds coming under the direct supervision of the Task Force, whether federal grant funds or contributions of the parties. Section 3. The Task Force Advisory Board shall direct the Coordinator to prepare an annual grant application, including proposed budget, which will be presented to the parties on or before the application deadline set by the Office of Drug Policy, Department of Public Safety. The Task Force Coordinator shall submit the approved grant application and budget to the Office of Drug Policy by the deadline established by the Office of Drug Policy. Section 4. Funding shall be in the form of a matching grant from the federal government. The contributions of the parties shall be at least 25% of the total budget established for the current year. An individual party's financial contribution shall be proportioned to the number of officers committed to the Task Force as shown in the grant application budget. The matching funds will be submitted to the Finance Department of Anoka County by the parties at the beginning of the. grant period. Any unused match funds will be returned at the end of the grant period in a manner determined by the Advisory Board. 10 Section 5. Any assets seized by the Task Force and awarded to the Task Force through administrative or judicial proceedings shall be distributed to the partes on a periodic basis as determined by the Board. The formula for distribution of these assets shall be proportioned based on the number of officers assigned for each participating agency. The Task Force Coordinator will be responsible for the distribution of funds or assets seized or forfeited by the Task Force. Section 6. The Coordinator, upon direction and approval of the Advisory Board, is authorized to sign and enter into contracts on behalf of the Task Force as may be necessary. IX. DEPUTATION Officers assigned to the Task Force, while performing their assigned duties as Task Force officers in a jurisdiction other than their own jurisdiction, shall have the same powers, duties, privileges, and immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the Task Force or by the city or county in which the duty or duties are being performed. Any worker's compensation claim or work related injury that may occur as a result of working with the Task Force shall be the sole responsibility of the officer's home jurisdiction. Further, the authority granted hereunder extends only so far as may be necessary to complete the duties assigned to the officers and terminates at the expiration of this agreement and any extension thereof. X. INSURANCE 11 ® The Task Force shall purchase insurance to provide liability and property damage coverage in the amount determined by the Advisory Board. In no event will the insurance coverage be less than the League of Minnesota Cities Insurance Trust standard liability coverage. The insurance shall provide coverage for all authorized Task Force operations by Task Force members. M. DURATION Section 1. This agreement for Task Force operations shall be in effect from January 1, 2002, notwithstanding the dates of signature by the parties, and shall continue in effect until terminated in accordance with the provisions herein. Section 2. Any party may withdraw from this agreement on December 31 of any year by declaring its intention to withdraw in writing and providing the written notice, delivered by mail or in person, to each of the other parties on or before June 1 of that year. Notice by mail shall be deemed received three days after mailing. Withdrawal by a party shall not result in the discharge of any legal liability incurred by such party before the effective date of withdrawal. Section 3. This agreement shall terminate under the following circumstances: (1) There are no remaining parties as a result of withdrawal pursuant to this agreement; or (2) All remaining parties mutually agree to terminate this agreement; or (3) This agreement shall terminate automatically when grant funding for Task Force 12 activities is discontinued. XII. CONTRACTS AND PURCHASES Any contracts and purchases made pursuant to this agreement shall be made by the County and shall conform to the requirements applicable to Anoka County. XIII. STRICT ACCOUNTABILITY Pursuant to Minnesota Statute §471.59, a joint powers agreement is to provide for strict accounting of all funds and report of all receipts and disbursements. Any party to this agreement may request a strict accounting at any time. XIV. ENTIRE AGREEMENT This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. XV. SIGNATURES All parties to this agreement need not sign the same copy of the agreement. An original agreement signed by each party to this agreement shall be maintained in the Office of the Anoka County Sheriff. 13 DATED: CITY OF BROOKLYN CENTER By Its By Its 14 • City Council Agenda Item No. lOg MEMORANDUM TO: Mayor and Councilmembers FROM: Michael J. McCauley, City Manager DATE: August 23, 2001 SUBJECT: District 286 Request Regarding Grandview Park and Earle Brown School After the City Council received the formal request from Independent School District 286 to consider an exchange of Grandview Park land for current Earle Brown Elementary School property to facilitate construction of a new elementary school, the matter was referred to the Park and Recreation Commission. The Park and Recreation Commission reviewed the request on Tuesday, August 21 At that meeting, the Park and Recreation Commission adopted the enclosed recommendation to the City Council. The recommendation to the City Council is that the City adopt a resolution of intent to proceed with the land exchange provided a referendum is approved by the voters in District 286 for the project, the terms and conditions of an exchange result in a unified site plan that is beneficial to the community and is accomplished at the school district's expense except for those improvements that are not currently in place that are planned for construction or replacement by the City whether the exchange would occur or not. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION OF INTENT TO PROCEED WITH A LAND EXCHANGE WITH INDEPENDENT SCHOOL DISTRICT NO. 286 WHEREAS, Independent School District No. 286 has requested that the City of Brooklyn Center favorably consider an exchange of land between the City and Independent School No. 286 involving a portion of the current Grandview Park property and the current Earle Brown Elementary School site; and WHEREAS, this request would be for the purpose of allowing District 286 to construct a new elementary school; and WHEREAS, Independent School District No. 286 would necessarily have to conduct a bond referendum election on the proposed project, which would provide citizen control over the final determination as to whether the project should go forward; and WHEREAS, it appears that a unified site plan for new elementary school and reconfigured Grandview Park would result in a net benefit to the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it indicates its intent to favorably consider a formal process to exchange land between the City and Independent School No. 286 for the construction of a new elementary school and a unified site plan for such school and the City's Grandview Park provided that: I. The voters in Independent School District No. 286 approve a bond issue based on such exchange and construction of a new elementary school; and 2. The terms and conditions of such exchange of property results in a unified site plan that is beneficial to the community; and 3. It results in no expense to the City of Brooklyn Center for recreating or relocating existing improvements at Grandview Park except in so far as the City would be responsible for additions or enhancements that are currently planned or may be planned in the future for the Grandview Park destination plan. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon the following voted in favor thereof: p g � g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ST City of Brooklyn Center A Millennium Community MEMORANDUM DATE: August 22, 2001 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Park and Recreation Commission Recommendation At their meeting last evening, the Park and Recreation Commission discussed the request from I.S.D. #286 to proceed with planning for the proposed Grandview Park "land exchange" should the District's fall referendum be successful. After a presentation from School District staff, and after considerable discussion, the Commission unanimously approved the attached recommendation. Please let me know if you have any questions these recommendations, or would like additional information. Attach (1) 0 ... 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 PARK AND RECREATION COMMISSION RECOMMENDATION FOR THE CITY COUNCIL TO ADOPT A RESOLUTION OF INTENT TO PROCEED WITH A LAND EXCHANGE WITH INDEPENDENT SCHOOL DISTRICT NO. 286 WHEREAS, Independent School District (ISD) No. 286 has proposed to the City Council of the City of Brooklyn Center that a land exchange be undertaken to exchange land at the current Earle Brown Elementary School site for a portion of Grandview Park and the vacation of Humboldt Avenue between those two properties; and WHEREAS, such exchange would be to allow District No. 286 to construct a new elementary school; and WHEREAS, ISD No. 286 would necessarily have to conduct a bond referendum election on the proposed project, which would provide citizen control over the final determination as to whether the project should go forward; and WHEREAS, it appears that a unified site plan for a new elementary school and reconfigured Grandview Park would result in a net benefit to the community. NOW, THEREFORE, BE IT RECOMMENDED by the Park and Recreation Commission to the City Council of the City of Brooklyn Center that the City Council adopt a resolution of intent to proceed with a land exchange with ISD No. 286 involving the current Earle Brown Elementary School site and Grandview Park provided: -that the voters in ISD No. 286 approve a bond issue based on such exchange and construction of a new elementary school -that the terms and conditions of such exchange of property results in a unified site plan that is beneficial to the community -it results in no expense to the City of Brooklyn Center for the recreation or relocation of existing improvements at Grandview Park with the City being responsible only for those enhancements or additions that are currently planned or may be planned in the future for the Grandview Park Destination Plan. Date Chair City Council Agenda Item No. lOh OX City of Brooklyn Center A Millennium Community To: Mayor Kragness and o cil Members Lasman, Nelson, Peppe, and Ricker From: Michael J. McCauley City Manager Date: August 23, 2001 Re: September 4 th Work Session The September 4 th Work Session is scheduled to review the Capital Improvement Plan. With the lateness of the legislative session (we still have not received the levy calculations from the State), we are still immersed in the General Fund Budget and would request that the September 4 th Work Session be cancelled to concentrate on preparation for the September 10 preliminary budget adoption. 6301 Shingle g e Creek Parkway ecreation and Community Center Phone &TDD Number y y 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. 10i City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kra ess Councilmembers Nelson Pe e and Ricker y gn Lasman, pp , FROM: Michael J. McCauley, City Manag r DATE: August 23, 2001 SUBJECT: Special Assessment Policy Attached are materials prepared by Ms. Spector regarding two properties in this year's neighborhood street project which, under the current policy, would be assessed at the commercial rate. Attached also the current policy which on page four at the bottom contains the applicable policy language regarding other streets. In reviewing past history, a 245.19 by 155 foot parcel at the intersection of 65 Avenue and Camden Avenue which is now part of the Regal Theater site was assessed at a commercial rate though it was used as a single - family dwelling. The difference in assessment in 1989 was approximately $100 between the commercially zoned and the multi - family zoned properties. In looking at the specific properties in question owned by Ms. Owens and Ms. Farrier, the Farrier property is an owner occupied single - family residence on a piece of property that is zoned C -1, but of residential dimensions. The Owens property is substantially larger and occupied by one residential building that has recently been converted for use of a double bungalow. While both of these properties are zoned C -1, past history would suggest that they would not be useful as commercial property unless combined. Thus, it may be appropriate for the City Council to consider amending the policy to provide that commercially zoned property that does not appear to be useable for commercial purposes unless combined with other properties be assessed at a residential rate on a per lot basis where the property is used for single - family residential use. That is for lots that are substantially larger and capable of subdivision for residential purposes, it may be appropriate to assess at a rate equal to the number of residential uses or potential uses. If the City Council would like such a policy to be drafted, one could be prepared prior to the adoption of the assessment roll for this project area and address the issues raised with respect to the Owens and Farrier properties. 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 Wo (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 fil L X " ER KLYN public Works Department T MEMORANDUM Engineering TO: Michael J. McCauley, City Manager Streets FROM: Diane Spector, Director of Public Works SUBJ: Special Assessments, Garden City North Parks Commercially Zoned, Residentially Used Properties Ir •�a�••• DATE: August 21, 2001 Public Utilities im ®> Two properties on the Garden City North levy roll are commercially zoned, single - Central family residentially used properties: 6520 Brooklyn Boulevard (Phyllis Owens) and Garage 6507 Ewing (Judith Farrier). Under the City's special assessment policy, commercially zoned properties are assessed based on property acreage, regardless of Watershed current use. The Farrrier property thus was assessed based on its 11,880 square feet Management ($3,319.96 streets and $1,659.98 storm drainage) and the Owens property based on its 49,328 square feet ($6,720 streets and $3,360 storm drainage). This compares to the street assessment for a single - family zoned and used property of $2,290 for streets and $750 for storm drainage. Special assessments are based on benefit to the land, not to the landowner. The argument for zoned -and- used rather than simply used is that properties do undergo use changes over time. For example, in 1990 three commercially zoned, single - family used properties on Camden Avenue just south of 66 Avenue were assessed for Freeway Boulevard/66` Avenue improvements at the commercial rate. Several years later (while the assessments were still being paid off), the three properties were purchased and the land assembled with other adjacent commercial parcels into the Regal Theater development. The two properties in question in this years' project area are zoned Cl but used as single family. The Owens property is large enough to be developed as a commercial property, but does not have adequate frontage without combination with some other parcel(s). However, the area has been identified in the Comprehensive Plan for redevelopment and consolidation, and eventually market forces will redevelop this area as a commercial use. The special assessment policy could be amended to allow that commercially zoned, single family used properties would be treated in a manner similar to Rl zoned parcels. The Council would have to make a finding that these commercially zoned, single - family used properties do not accrue a greater benefit from the improvements than RI zoned property. Thus the Farrier property would be charged one residential unit, and the Owens property two. While the Owens property might be able to be subdivided into three lots, given the location of the home on the lot it is more likely that one lot on the Ewing side would be split off. There are a small handful of properties that are in this type of situation, most of which are on or immediately adjacent to Brooklyn Boulevard. If the Council were to amend the assessment policy and apply it to these two properties, the net increase in cost to the City would be $3,169.96 from the General Fund for streets, and $2,769.98 from the Storm Drainage Utility. U t i 1 6.66 12.54. t 1. 4? I 11 29 I 138 96 135. 13 135. 1211" 135. 13 135. 12 30 � 3D q 1 6607 � � � 6606 (26) 9 (93) 6607 6606 sD � (22) 6607 135. 18 135. 17 135.18 135. 17 2 > a 3 2 w 3 w 2 (2) 3800 c I 3708 (25) (24) (21) N (20) 3700 3608 360E I 135. ?2 1j5_?1 135 22 135.21 I 90.49 90 90 135.25 135.24 Z 3609 10 1 380/ y I W `� (43) (34) 1 7' 3 2 I ti_ z 3G Q $ (29) (28) N (27) 135.28 135.28 W ti �W 6549 3707 3701 L s y 2 6538 ti z s so Q (42) `� (35) o. 2 9a 651,319 6 s Q 135.32 135.32 135.32 Li- ►-i 3 (30) (33) `� ° (7) 6532^ I 6532 6533 W (41) (36) � 30 135.36 135.3fi 6532 I 1 135.36 35.36 � 5 - 6 (31) Lm (32) 6526 6527 sa (40) (37) 135 4 135.4 6526 330.8 135.4 PART OF LOT 8 ,_ 135.4 AM© SU1 BD No °° 5 6 (38) (g) 6520 50. fi I can No 6520 a'1 \� 6 n•29 °50^ A L7 Z 330,.89 3D A �� \6 I $ \ Q !! `� 6 6.48 139.41 \ \\ 5510 10 ° iV \\ a (10) w (76) \ - ------ 6507 \\ 185 5 t�5 F X1 \ � 332.53 N89 °55 "34'E \\ R d S P \\ R. L. S. N0. 1326 NO •N hti (77) CO S ul \\ N A �' o 5607 A2 6500 366.11 828.48 N89 °56'41 `s tag y�• / � •' '•' � A / p 9 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT POLICY TABLE OF CONTENTS SECTION I. GENERAL POLICIES ............................................ ............................... 1 A. Initiation of Public Improvement Projects ..................... ............................... 1 B . History ............................................................... ............................... 1 C. Financing and Assessment Policies Applicable to all Types of Improvements .......... 1 SECTION II. SURFACE IMPROVEMENTS .................................. ............................... 2 A. Standards for Surface Improvements ........................... ............................... 2 B. Assessment Formula for Surface Improvements ............. ............................... 3 1. Residential Streets ....................................... ............................... 3 2. Municipal State Aid Streets ............................. ............................... 4 3. Other Streets .............................................. ............................... 4 4. Alleys ...................................................... ............................... 5 SECTION III. SUBSURFACE IMPROVEMENTS ........................... ............................... 5 A. Standards 5 B . Water Mains ....................................................... ............................... 5 C. Sanitary Sewer ..................................................... ............................... 6 D . Storm Drainage .................................................... ............................... 6 SECTION IV. ASSESSMENT DEFERRAL PROGRAM ..................... ............................... 8 A. Eligibility ........................................................... ............................... 8 B . Calculation ......................................................... ............................... 8 C. Interest ................................................................ ............................... 9 D . Termination .......................................................... ............................... 9 I SECTION I. GENERAL POLICIES A. Initiation of Public Improvement Projects Public improvement projects may be initiated by petition of affected property owners. Public improvements may also be initiated by the City Council when, in its judgment, such action is required. The Capital Improvements Program shall detail a program of street improvements based on Pavement Management Program data, street and utility maintenance records, Municipal State Aid Standards, and the Local Storm Water Management Plan. B. History In 1964, the Village Council approved a Special Assessment Policy which detailed matters regarding the financing of public improvements as the community developed. This Policy has been periodically amended, and related policies approved by separate resolution. In 1985, a substantial change in policy was approved by resolution, when the City abandoned residential assessments based on frontage to adopt a policy based on residence unit. This policy is intended to incorporate all policies related to improvement project financing. It is understood that this policy cannot anticipate every situation, and that certain circumstances may justify deviations from this policy. C. Financing and Assessment Policies Applicable to all Types of Improvements When an improvement is constructed which is of special benefit to properties within a definable area, it is the intent of the City Council that special assessments be levied against the benefitted properties within that area to the extent that the costs of such project can be deemed to benefit the properties. The following general principles shall be used as a basis of the City's assessment policy: 1. The "project cost" of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing, and other contingent costs. 2. The "assessable cost" of an improvement shall be defined as being those costs which, in the opinion of the City Council, are attributable to the need for service in the area served by the improvement. Said "assessable cost" shall be equal to the "project cost" of the current project, minus any credit attributed to remaining useful life expectancy or to that part of the improvement deemed to benefit the community as a whole. November, 2000 Page 1 City of Brooklyn Center Special Assessment Policy 3. Terms of special assessments shall be as follows: a. Street improvements - 10 years b. Bituminous alley improvements - 10 years Concrete alley improvements - 20 years C. Water and sanitary sewer hookups and improvements - 10 years d. Storm sewer improvements - 10 years Interest is charged at a rate established by the City Council at the time of certification of the levy. SECTION II. SURFACE IMPROVEMENTS Surface improvements shall include grading and base construction, sidewalks, curb and gutter, surfacing, resurfacing, undergrounding overhead utilities, landscaping, beautification, and street lighting. A. Standards for Surface Improvements 1. Arterial streets — shall be of "9 ton" design, of adequate width to accommodate projected traffic volumes. Sidewalks shall be provided on both sides of all arterial streets unless specifically omitted by the City Council, and shall be of the width approved by the City Council. 2. Collector streets — (including commercial and industrial access streets) shall be of 7 ton" design, or "9 ton" design, based on anticipated usage, and shall normally be constructed in accordance with state aid standards. Sidewalks may be provided on one or both sides of all collector streets in accordance with the comprehensive plan and shall be at least 5 feet in width, unless otherwise approved by the Council. Wherever feasible, a boulevard at least 7 feet in width shall be provided, measured from the street face of curb to the street face of the sidewalk. 3. Residential streets — shall be of "5 ton" design, 30 feet in width, measured between faces of curbs or edge of street, unless otherwise approved by the Council. The Council may order the construction of sidewalks when such construction is warranted. 4. Alleys, in residential areas, shall be of "5 ton" design. Alleys shall be of bituminous construction unless drainage or other conditions require concrete. 5. Street lighting, when installed, shall be installed in accordance with the Council's policy on street lighting. Mid -block lights may be installed when the length of one block from the centerline of one intersecting street to the next intersecting street exceeds 700 feet, or when it is determined that a special public safety benefit would accrue. November, 2000 Page 2 City of Brooklyn Center Special Assessment Policy B. Assessment Formula for Surface Improvements The assessments to be levied against properties within the benefitted areas shall be distributed to those properties on the basis of the following provisions: 1. Residential Streets a. For residential properties zoned R1, the assessment to be applied against each non - subdividable property shall be a unit amount established annually by the City Council. Said assessment is intended to represent a specific proportion of the average cost of making a typical improvement, such as the average cost of reconstructing a typical block of residential street. For properties which may be legally subdividable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unit assessment. The assessment shall be calculated as follows: 1. For reconstruction or resurfacing of a residential street, the average cost of a typical similar project shall be multiplied by the Council's designated proportion to be assessed. The total assessed shall be divided by the average number of lots to be assessed to determine the unit assessment. 2. Absent any other policy changes, such as an increase in the proportion of cost to be assessed, the unit assessment shall be adjusted annually to reflect cost of living increases as measured by the Construction Index. b. For residential properties zoned R2, the assessment shall be applied on a front foot basis, said unit being calculated as follows: The R1 unit assessment shall be divided by 75 feet, to determine the front foot rate. The minimum assessment for an R2 property shall be the R1 unit assessment. C. For residential properties zoned R3, the assessment shall be applied per unit on the following basis. The R2 front foot rate shall be multiplied by the total feet of frontage to determine the total benefit. The total benefit shall be divided by the total number of units in the development to determine the unit rate. d. For R4 to R7 properties, commercial, industrial, institutional, or special use properties, the benefits and resulting assessments shall be determined on an individual project basis. e. For those properties zoned R1 or R2 having frontage on two or more streets, special assessments shall be levied for improvements on only one of those frontages, at the owner's choice. For example, a property on the corner of A street and B Avenue may choose to be assessed when A street is improved, or B Avenue, but not both. November, 2000 Page 3 City of Brooklyn Center Special Assessment Policy 2. Municipal State Aid Streets a. For properties that are not commercial or industrial in project areas which are primarily residential in character: 1. Benefitting properties abutting a state aid designated street shall be assessed in the same manner as those abutting other residential streets. 2. In those cases where a municipal state aid street improvement project totally removes parking from a residential street where parking was previously allowed, no special assessments shall be levied. Where parking arrangements have been made, special assessments shall be levied. b. For properties which are commercial or industrial in project areas which are primarily residential in character, and for those properties in commercial areas: 1. Commercial and industrial properties shall be assessed based on an area (acreage) basis. An "A" zone of benefit shall be determined on a project basis, but would typically include that area of all properties abutting the street to be improved, extending to a depth of 200 feet or the property depth, whichever is less. A "B" zone of lesser benefit may be established to identify those properties or portions of properties which do not abut the improved roadway, but which accrue benefit. 2. Unless otherwise approved by the City Council, benefitting properties within this category will be assessed for 70 percent of the total project cost. The Brooklyn Center Municipal State Aid Fund regular account will be liable for the remaining 30 percent of the project costs. 3. If there is a combination of commercial, industrial and residential properties, the commercial- industrial rate will be determined by calculating an equivalent footage rate based on assessing 70 percent of the total project cost, while the residential properties will be assessed in accordance with Subsection 2.a. of these policies. 3. Other Streets 1. Commercial and industrial properties abutting streets which are not designated as Municipal State Aid routes shall be assessed in the same manner as properties abutting State Aid routes, as detailed in Subsection 2.b above. 2. Unless otherwise approved by the City Council, benefitting properties November, 2000 Page 4 City of Brooklyn Center Special Assessment Policy within this category will be assessed for 70 percent of the total project cost. The Brooklyn Center Municipal State Aid Fund local account will be liable for the remaining 30 percent of project cost. 4. Alleys a. The cost of installation, resurfacing, or reconstruction shall be assessed on a unit basis. Forty percent of the cost to be assessed shall be assessed equally to all owners of lots abutting the alley. The remaining 60 percent shall be assessed equally to all owners of lots currently having access to the alley. b. The cost to be assessed shall include all project costs. For properties where a non -hard surfaced driveway exists, the cost of constructing an asphalt driveway between the paved portion of the alley and property line, minus the cost of sod restoration for an equivalent area, shall be individually computed and added to the uniform assessment for the specific property involved. SECTION III. SUBSURFACE IMPROVEMENTS Subsurface improvements shall include water distribution lines, sanitary sewer lines and storm sewer lines, ponds, or other drainage improvements. A. Standards Subsurface improvements shall be made to serve current and projected land use. All installations shall conform to the minimum standards therefore as established by those state, local, or federal agencies having jurisdiction over the proposed installations. All installations shall also comply, to the maximum extent feasible, to such quasi - official, nationally recognized standards as those of the American Insurance Association (formerly National Board of Fire Underwriters). Service lines to the property line of each known or assumed building location shall be installed in conjunction with the construction of the mains. B. Water Mains All properties shall be assessed their share of the cost of installing water main to serve the property and the cost of installing the water service line between the water main and the property line. In addition, all properties shall be assessed their share of city-wide or area improvements such as distribution mains, wells, above ground storage, and elevated storage tanks. 1. For those improvement projects where existing main or appurtenances are repaired or • replaced, including service replacement to the property line, no special assessments November, 2000 Page 5 City of Brooklyn Center Special Assessment Policy shall be charged. The full cost of said improvements shall be financed by the Water Utility Fund. 2. For those improvement projects where main or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the water system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing service from the main to the building. C. Sanitary Sewer All properties shall be assessed their share of the cost of installing sanitary sewer laterals to serve the property and the cost of installing the sanitary sewer service line between the street and the property line. In addition, all properties shall be assessed their share of city- wide or area improvements such as interceptors and pumping stations. 1. For those improvement projects where existing lateral or appurtenances are repaired or replaced, including service replacement to the property line, no special assessments shall be charged. The full cost of said improvements shall be financed by the Sanitary Sewer Utility Fund. 2. For those improvement projects where lateral or appurtenances are installed to provide new service to previously unserved properties, the full cost of said improvement shall be assessed, with the basis being the Engineer's determination of benefit to each newly served property. 3. All properties connecting to the sanitary sewer system shall be charged a connection charge as per the most current utility rate structure. Properties without services shall be responsible for the full cost of installing a service from the main to the building. D. Storm Drainage All properties shall be assessed their share of the cost of installing storm drainage facilities to serve the property. In addition, all properties shall be assessed their share of city- wide or area improvements such as interceptors and detention ponds. 1. For a project which includes construction of a storm sewer interceptor, detention pond, or other regional facility, an engineering study shall establish the distribution of benefit November, 2000 Page 6 City of Brooklyn Center Special Assessment Policy and determine the assessable portion of the project cost. The assessable cost of a storm sewer interceptor or detention pond shall be assessed equally per unit of area (square foot, acre, etc.) over the entire district served by the interceptor or detention pond. The assessment is generally levied in the current year of construction of the interceptor storm sewer or detention pond, and it is entirely likely that a large number of properties will be assessed which do not receive immediate and total drainage relief. It is, however, considered that such properties do accrue benefit from the interceptor storm sewer since the interceptor is available to receive lateral storm sewer connections, or the detention pond or other regional facility may provide relief from storm events of greater magnitude than a 5 year storm. 2. For those improvement projects where existing lateral or appurtenances are repaired or replaced, or slightly upgraded, no special assessment shall be charged. The full cost of said improvements shall be financed by the Storm Drainage Utility Fund. 3. For those improvement projects where laterals or appurtenances are installed to provide new service to previously unserved properties, or where service is substantially upgraded, a portion of the cost of said improvement shall be assessed. Said portion shall be the same as the assessable portion of residential street improvement costs, as established in subsection B.1.a. November, 2000 Page 7 City of Brooklyn Center Special Assessment Policy S SECTION IV. ASSESSMENT DEFERRAL PROGRAM There shall exist a program to defer a portion of the special assessments of qualifying persons under the provisions of Minnesota Statutes 435.193 through 435.195. Said program shall defer the payment of a portion of certified special assessments by property owners who are at least 65 years of age or older or who are retired due to permanent and total disability whose households meet certain financial characteristics. A. Eligibility 1. The property upon which the assessment is deferred must be homesteaded; 2. The property is owned by a person at least 65 years of age on January 1st of the year in which payment of the first installment of the subject assessment levy is due; or is owned by a person who is retired due to permanent and total disability. 3. The applicant must have a "financial hardship" defined as: a. An annual income for the applicant's household size which is at or below the "Very Low Income" limit established annually by HUD for the Minneapolis and St. Paul Metropolitan Area; and b. The aggregate total of special assessment installments from previously- existing special assessment levies plus the first year of the current levy will exceed 1 - 1 /2 percent of the applicant's annual income. B. Calculation 1. The portion of the current levy which will be deferred will be that portion of the levy against the applicant's property which requires a first year installment payment which, when added to the applicant's annual payments from previously existing special assessment levies, would result in an aggregate total of special assessment installments totaling more than 1 - percent of the applicant's annual income. The portion of the current levy which can be paid without aggregating total installments above 1 - 1 /2 percent of the applicant's annual income shall not be deferred. 2. Special assessments levied due to the applicant's failure -to -pay charges for City services or failure to comply to City codes (i.e. delinquent utility assessments, assessments for weed removals, assessments for nuisance abatement, etc.) shall not be deferred, and installment payments for existing levies for such services shall not be included in calculating the maximum 1 - percent aggregate payment defined in paragraph B.1. above. November, 2000 Page 8 City of Brooklyn Center Special Assessment Policy 40 C. Interest Simple interest at the rate of that particular assessment levy shall be added to the deferred assessment, calculated from the date interest started to accrue on the original levy (usually the October 1 immediately following the certification date) to the date of payment of the deferred portion of the assessment. D. Termination The option to defer the payment of special assessments shall terminate and all amount accumulated plus applicable interest, shall become due upon the occurrence of one of the following events: 1. The death of the owner, provided that the spouse is otherwise not eligible for the benefits. 2. The sale, transfer, or subdivision of the property or any part thereof. 3. If the property should for any reason lose its homestead status. 4. The City Council determines that a hardship no longer exists. I November, 2000 Page 9 I