Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2001 09-24 CCP Regular Session
AGENDA CITY COUNCIL STUDY SESSION September 24, 2001 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Review of Draft 2002 City Council Goals 3. Miscellaneous 4. Adjourn City of Brooklyn Center A Millennium Community MEMORANDUM TO: Mayor Kragness, Councilmembers L an, Nelson, Peppe, and Ricker FROM: Michael J. McCauley, City Manage DATE: September 18, 2001 SUBJECT: Draft City Council Goals Attached please find a draft resolution adopting the 2002 City Council Goals. The resolution incorporates the items identified in Mr. Neu's summary report to you with one exception. Goal 7 on page 7 of Mr. Neu's summary has been changed to delete the second bullet regarding continue /expanding five -year planning for other funds. My recollection from the City Council Retreat was that that item would be removed since the Legislature has effectively precluded such planning in the General Fund. If the draft is an acceptable form after your discussion, it would be placed on a regular agenda for adoption. 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 Member introduced the following resolution and moved its adoption: RESOLUTION NO. DRAFT RESOLUTION ADOPTING GOALS FOR 2002 WHEREAS, the City Council met in a facilitated workshop to discuss goals and objectives for 2002; and WHEREAS, the goals set forth in this resolution are the results of the discussions amongst the Council in the course of the facilitated workshop. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following goals be and hereby are adopted as the official goals of the City Council directing the leadership priorities for City government. Goals are not in any order of priority. Goal 1: Promote the Inclusion of all Residents in Brooklyn Center's Community Life By: • emphasizing opportunities to include the intent of this goal in all of the community's activities and plans Goal 2: Support Brookdale Redevelopment By: • use of tax- increment financing • monitoring developer performance and construction Goal 3: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated efforts of the police and community development departments • increased effort and focus on high - density areas, while continuing neighborhood enforcement • continuing to evaluate additional approaches to achieving improved compliance • increased enforcement of noise ordinances; barking dogs and other noise generating nuisances Goal 4: Increased Productivity Toward Fighting Crime By: • increased visibility of police in neighborhoods and apartment complexes • continuing and expanding the participation rate in Neighborhood Watch Programs • including public safety information in all City newsletters Goal 5: Actively Support Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • completing project and monitoring developer performance Goal 6: Complete Community Center and City Hall Retrofitting Project By: • completing projects as planned Goal 7: Continue and Implement Long -Term Financial Planning By: • continued five -year planning for utilities and capital improvements • r enti auinr./n.,,.o,,diag fi. " iear pean. -A ,r. f ,- .,�� • reviewing and developing contingency planning • continuing to evaluate the City's financial priorities RESOLUTION NO. DRAF1,1diftl Goal 8: Support and Promote Major Road and Street Improvement Projects By: • completing Brooklyn Boulevard project with the County in the year 2002 and streetscaping in 2003 • Highway 100: - continuing to support and participate in the North Metro Mayor's Highway 100 Council - keeping project schedule with Mn/DOT • Supporting and participating in the Interstate 694 widening project, with improved sound walls, and in a manner advantageous to the City of Brooklyn Center Goal 9: Plan for Destination Parks By: • implementation and review of a specific financial plan for destination park improvements in the Capital Improvement Plan Goal 10: Support and Expand Joslyn Site Development By: • working with the developer to complete Phase III • completion of the proposed France Avenue routing Goal 11: Continuing Traffic Enforcement Efforts and Expand Information Available to the Public By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts • enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use Goal 12: Utilize Recommendations Developed in the Opportunity Site Process to Create a Vision and Plan for Brooklyn Center's Central Business District By: • additional public input on directions and priorities for development and redevelopment of the Central Business District • establishing specific development priorities for the next five -ten years • modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes 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. NE11 0 COMPANY CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP August 11, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. August 13, 2001 © Neu and Company and the Center for the Future of Local GovernanceTM, 2001 CITY OF BROOKLYN CENTER, MINNESOTA CITY COUNCIL WORKSHOP August 11, 2001 SUMMARY OF KEY OBSERVATIONS AND CONCLUSIONS REACHED BY THE PARTICIPANTS Prepared by Carl H. Neu, Jr. August 13, 2001 I. INTRODUCTION The members of the City Council (Robert Peppe absent), City Manager, and Assistant City Manager participated in a City Council Goal- Setting Workshop on August 11, 2001. A copy of the objectives and agenda for this workshop is included as Appendix A. 7 II. KEY CONCLUSIONS AND OBSERVATIONS MADE BY THE PARTICIPANTS A. Council "Time -Out" (Council members only) Prior to the workshop, the council members were asked to complete a pre - workshop questionnaire in which each person could make observations pertaining to progress being made on the completion of the goals established for 2002, key factors affecting the City over the next five years, proposed priorities that should be addressed in the 2002 goals, and general conclusions about factors promoting or inhibiting council's overall performance effectiveness. 1. Obstacles or difficulties perceived to be affecting achievement of some of the goals established for 2001. (a) Goal 7: Highway 100 (1) Perceived obstacles or difficulties: • France Avenue relocation (seeking alternatives) 2 • Lack of consensus among council members as to alternative chosen by the City Council (2) Status: City Council by a vote of 4 -1 has stated the City's position and the matter now is before MnDOT for action. (b) Goal 8: Grandview Park (1) Perceived obstacles or difficulties: • Effecting possible land swaps with the School District (2) Status: City must wait until a decision is made by the School District and a bond referendum is passed that would facilitate land swap. If this does not occur within a reasonable time frame, the City may have to consider other options. (3) Next Steps (CY 2002): • Recommendations from the Park and Rec Commission will be submitted to the council in September of 2001 • Planning Commission is reviewing the proposals and will make recommendations to the City Council. (c) Goal 9: Joslyn Roadway See discussion above pertaining to Highway 100 redevelopment and France Avenue. (d) Goal 1: Brookdale Visible progress is being made as a result of construction occurring in the Brookdale area. Status now is that City will monitor the developer's progress and ensure that timelines are met as defined in the agreement between the City and the developer. 2. Other items discussed during the "time- out ": Council conducted a general discussion on the following: 3 • Status and resolution of certain items before the City pertaining to personnel and related matters. • The perceived strengths and weaknesses of the City Council with the conclusion being that overall the council is doing a very good job of providing effective leadership to Brooklyn Center. B. History of each goal and an overview of accomplishments during 2001: The City Manager provided a detailed overview of the status of City Council goals for the year 2001. A copy of this overview dated July 17, 2001, was distributed to each council member prior to the workshop. C. Five -Year Horizon: Critical challenges and emerging issues that will/might affect the City of Brooklyn Center during the next five years. The following potential critical challenges and major issues were identified: 1. Specific factors affecting the future of the City over the next five years. (a) Revenue /expenditure instability and insecurity occasioned by reduction in government aid in a number of areas and the state legislature's ambiguity and fluctuations in establishing local aid formulas. (b) Smart growth and implications of outcomes from the Smart Growth study for the City of Brooklyn Center. (c) Sustaining economic vitality for the City through economic development and redevelopment. (d) Addressing aging housing stock and achieving a better mixture of housing stock throughout the City. (e) Diversity - recognizing the changing demographics of the City and establishing ways for bringing people into "community processes" that will build a strong sense of community and simultaneously provide opportunities for recognizing and celebrating diversity within the community. (f) Maintaining and renewing the City's infrastructure. 4 (g) Planning for and responding to retirements that are projected to occur within the senior management staff for the City. (h) Attracting a quality City workforce reflective of the community and possessing the professional competencies to deal with rapidly- changing circumstances. (i) Dealing with legislative preemption of City authority and the fiscal instability and insecurity that the legislature's policies are creating for cities. (j) Community safety; dealing with shifting demand and response patterns occurring within the delivery of community safety oriented services. (k) Brooklyn Center's image as a City, both within the region and among its residents. (1) Establishing City priorities pertaining to revenues and expenditures. 2. Factors /trends promoting or inhibiting the City's ability to deal with these challenges. The following factors or trends were seen as promoting or inhibiting the City's ability to deal with these challenges: Promoting Inhibiting • Finances - monies, • Finances - cuts revenue, and local aid emanating from state coming to Brooklyn and federal programs Center and policies • The City's willingness to • Ability to focus and identify issues and seek allocate staff resources effective solutions due to state legislature's impacts on the City (creates time commitments on City staff resources) • Successful State mandates and implementation of code requests that absorb 5 I enforcement programs staff time and City resources without any identifiable benefit to the City's citizens • City Council works well as a leadership group in providing direction to the community and support to the City's management and employees • Brooklyn Center is located ideally within the greater metro area D. Proposed City Goals for the Year 2002: The goals listed below are not in any order of priority. Numbering is for identification purposes only. Goal 1: Promote the Inclusion of all Residents in Brooklyn Center's Community Life By: • emphasizing opportunities to include the intent of this goal in all of the community's activities and plans Goal 2: Support Brookdale Redevelopment By: • use of tax- increment financing • monitoring developer performance and construction Goal 3: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated efforts of the police and community development departments • increased effort and focus on high - density areas, while continuing neighborhood enforcement • continuing to evaluate additional approaches to achieving improved compliance • increased enforcement of noise ordinances; barking dogs and other noise generating nuisances Goal 4: Increased Productivity Toward Fighting Crime By: 6 • increased visibility of police in neighborhoods and apartment complexes • continuing and expanding the participation rate in Neighborhood Watch programs • including public safety information in all City newsletters Goal 5: Actively Support Northeast Corner of 69 Avenue and Brooklyn Boulevard Redevelopment By: • completing project and monitoring developer performance Goal 6: Complete Community Center and City Hall Retrofitting Project By: • completing projects as planned. Goal 7: Continue and Implement Long -Term Financial Planning By: • continued five -year planning for utilities and capital improvements • continuing/expanding five -year planning for other funds • reviewing and developing contingency planning • continuing to evaluate the City's financial priorities Goal 8: Support and Promote Major Road and Street Improvement Projects By: • completing Brooklyn Boulevard project with the county in the year 2002 and streetscaping in 2003 • Highway 100: continuing to support and participate in the North Metro Mayor's Highway 100 Council keeping project schedule with MnDOT • supporting and participating in the Highway 694 widening project, with improved sound walls, and in a manner advantageous to the City of Brooklyn Center Goal 9: Plan for Destination Parks By: • implementation and review of a specific financial plan for destination park improvements in the Capital Improvement Plan. Goal 10: Support and Expand Joslyn Site Development By: 7 • working with the developer to complete Phase III • completion of the proposed France Avenue routing Goal 11: Continue Traffic Enforcement Efforts and Expand Information Available to the Public By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts • enforcement of noise ordinances as they relate to noise originating from vehicles and vehicular use Goal 12: Utilize Recommendations Developed in the Opportunity Site Process to Create a Vision and Plan for Brooklyn Center's Central Business District By: • additional public input on directions and priorities for development and redevelopment of the Central Business District • establishing specific development priorities for the next five -ten years • modifying and updating the Comprehensive Plan consistent with the results of public input and planning processes E. Scheduling of Next Council Workshops The City Manager and consultant will confer to identify proposed dates for workshops to be conducted in February and August, 2002. 8 r :. 4' ILI AXE JV t CITY OF BROOKLYN CENTER CITY COUNCIL GOAL- SETTING & LEADERSHIP WORKSHOP August 11, 2001 8:30 a.m. - 3:30 p.m. 1. Objectives: Upon completion of this workshop, the participants will have: a. reviewed briefly the August, 2000 and January 23, 2001 workshops and the conclusions reached at them. b. completed an assessment of council's perceptions of issues and actions that must be addressed to complete 2001 goals successfully. C. assessed council's leadership performance and its continuing efforts to improve its effectiveness. d. identified major challenges and emerging issues confronting the city and council over the next 5+ years. e. established council's goals for 2002. f. addressed other issues raised by council members for discussion. 2. Agenda 8:30 a.m. Welcome and review of workshop objectives. 8:35 a.m. Council "Time out" (Council members only) • Where are we in bringing our 2001 goals to successful outcomes? • How are we performing as a council; opportunities for continuous improvement • Big challenges and emerging issues confronting the city and council 10 • Proposed priorities for 2002. 11:00 a.m. History of each goal and an overview of accomplishments during 2001 to date (Manager, Assistant Manager and Council). Course Corrections for remainder of 2001. 11:30 a.m. Review of bids for Community Center and City Hall Retrofitting Project 12:15 p.m. Lunch 1:00 p.m. Leadership Priorities and Direction • 5 year horizon: critical challenges and emerging issues - desired outcomes and force -field analysis; i.e., what's working for us and against us in achieving the outcomes we desire? • Goals for 2002 2:45 p.m. Council discussion forum 3:30 p.m. Conclusion 11 L Public Copy CITY COUNCIL MEETING City of Brooklyn Center September 24, 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 and Moment of Silence a. Invocation from Father Will Lowry, St. Alphonsus Catholic Church b. Resolution Extending Support and Offering Condolence for the Tragic Loss of Lives Caused by the Attacks on the World Trade Center and the Pentagon and By the Airplane Crash in Pennsylvania - Motion to adopt resolution. 3. Call to Order Regular Business Meeting g 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. September 10, 2001 - Study Session 2. September 10, 2001 - Regular Session b. Licenses CITY COUNCIL AGENDA -2- September 24, 2001 C. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2001 -16, Contract 2001 -G, 2001 Sealcoating d. An Ordinance Vacating Certain Utility Easements in BROOKLYN 55 ADDITION -This item relates to the development at Brooklyn Boulevard and 55 Avenue and is presented this evening for first reading. e. Resolution Amending the 2001 General Fund Budget to Provide for the Repaving of the Parking Lot at Lions Park f. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees g. Resolution Approving Supplementary Agreement No. 1 and Change Order No. 2, Improvement Project Nos. 2001 -01, 02, and 03, Contract 2001 -A, Garden City North Street, Storm Drainage, and Utility Improvements 7. Presentation on 2002 Marketing Plan - Minneapolis Metro North Convention and Visitors Bureau ® 8. Public Hearings g 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 public hearing to the October 8, 2001, meeting. b. An Ordinance Prohibiting the Feeding of Deer *Requested Council Action: - Continue the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. C. An Ordinance Amending Chapter 1 of the City Ordinances Deleting Language Referencing Dog Licensing • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. CITY COUNCIL AGENDA -3- September 24, 2001 9. Planning Commission Item a. Planning Commission Application No. 2001 -019 Submitted by Sandness Construction. Request for Site and Building Plan Approval for an Approximate 7,000 Sq. Ft. Addition to the Spiritual Life Church, 6865 Shingle Creek Parkway. The Planning Commission Recommended Approval of this Application at its September 13, 2001, Meeting. *Requested Council Action: - Motion to approve Planning Commission Application No. 2001 -019 subject to the recommendations by the Planning, Commission. 10. Council Consideration Items a. Proclamation Declaring October 7 Through 13, 2001, To Be Administrative Services Week • Requested Council Action: - Motion to adopt proclamation. b. Proclamation Declaring National Breast Cancer Awareness Month 2001 • • Requested Council Action: - Motion to adopt proclamation. C. Resolution Approving Final Plat, BRI -MAR ADDITION •Requested Council Action: - Motion to adopt resolution. 11. Adjournment I_ Member introduced the following resolution and moved its adoption: RESOLUTION NO. I RESOLUTION EXTENDING SUPPORT AND OFFERING CONDOLENCES FOR THE TRAGIC LOSS OF LIVES CAUSED BY THE ATTACKS ON THE WORLD TRADE CENTER AND THE PENTAGON AND BY THE AIRPLANE CRASH IN PENNSYLVANIA WHEREAS, on September 11, 2001, hijacked airplanes slammed into the twin towers of the World Trade Center in New York City, New York, and another into the Pentagon in Washington, D.C., attacking our Nation with deliberate and massive cruelty; and WHEREAS, a fourth hijacked lane crashed into a field near Pittsburgh, Pennsylvania, J P g Y possibly headed for another Washington target; and WHEREAS, an estimated 6,000 people have lost their lives because of these horrific attacks, including hundreds of rescuers who were there to help others; and WHEREAS, hundreds of rescue workers, law enforcement officials, fire fighters, emergency response workers, and volunteers continue to work on the rescue effort and cleanup; and WHEREAS, the fallout of this devastating attack touched the lives of everyone in our Nation with the skies empty of airplanes, schools closing, and many events canceled or postponed; and WHEREAS, our entire country changed, and in the aftermath we are committed to doing everything in our power to ensure that our City is safe and secure and to work with our national leaders to prevent future acts of senseless violence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that we extend our heartfelt sympathy to the children, parents, spouses, families, and friends of the victims of these devastating attacks and we salute the heroic efforts by local officials and emergency workers in responding to these horrendous attacks. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that a moment of silence be observed to offer condolences for the tragic loss of lives caused by the attacks on the World Trade Center and the Pentagon and by the airplane crash in Pennsylvania. 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. 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 SEPTEMBER 10, 2001 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Peppe informed the Council that Councilmember Ricker's name was missing from the roll call portion of the EDA minutes of August 27, 2001. It was noted that his name would be added to indicate that he was present at the August 27, 2001, meeting. Council discussed the Economic Development Authority (EDA), Housing and Redevelopment Authority (HRA), and City Council budget and levy items. City Manager Michael McCauley informed the Council that he will present information at the meeting tonight for a better understanding of what is happening with the numbers from the State and discuss the preliminary budget and levy numbers for consideration. REVIEW DISCUSSIONS REGARDING JERRY'S NEW MARKET SITE Mr. McCauley discussed that staff had conversations with representatives from Jerry's Foods regarding their interest in resolving the ownership issues and its redevelopment on the site. Bond Counsel will be working on drafting a proposed development agreement for the EDA consideration and it is anticipated to be before the EDA in October. REVIEW POTENTIAL REQUEST FROM BROOKDALE TO VACATE RIGHT -OF -WAY Mr. McCauley reviewed that Jim Schlesinger had discussed an interest and need to expand the parking and road system in connection with their redevelopment project and requested direction from . the Council. If Mr. Schlesinger pursues this interest to vacate the right -of -way, that would impact the Metropolitan Transit Hub. 09/10/01 -1- DRAFT It was the consensus of the Council to move forward if Mr. Schlesinger submits a request to vacate the right -of -way that would impact the Transit Hub. The Council discussed the concerns they have and complaints they had received from constituents regarding the safety at the Transit Hub and believe that relocation of the Transit Hub would be beneficial. Mayor Kragness requested an update be provided to the Council regarding accident activity at the Transit Hub. MISCELLANEOUS Mr. McCauley discussed that staff will be hiring Springsted to help with the Police Chief recruitment and that the salary may need to be increased approximately $7,000 to $8,000 to be competitive. Councilmember Nelson questioned who is responsible for the portion of the Mississippi Regional Park in Brooklyn Center and discussed that there was an excessive amount of garbage when he was visiting the park recently. Mr. McCauley informed the Council that Hennepin County is responsible and that City staff could contact them regarding cleanup. Councilmember Nelson requested that Hennepin County be contacted to inform them of the excess garbage in the park. ADJOURNMENT A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn the study session at 6:55 p.m. Motion passed unanimously. City Clerk Mayor • 09/10/01 -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 SEPTEMBER 10, 2001 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Council continued from the study session into informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. No one wished to address the Council. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Peppe to adjourn informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION An invocation was offered at the Economic Development Authority (EDA) meeting. 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 7:06 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers McCauley, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 09/10/01 -1- DRAFT 5. COUNCIL REPORT Councilmember Nelson reported that he attended an Association of Metropolitan Municipalities Transportation Committee meeting on September 5, 2001. Councilmember Lasman reported that she attended a Human Rights Meeting on September 4, 2001. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes from the August 27, 2001, study and regular sessions. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Pearson Mechanical Services 5630 Memorial Avenue North, Stillwater PRIVATE KENNEL LICENSE Jeanne O'Brien 6730 Drew Avenue North RENTAL Renewal: Brookhaven Apartments Douglas Lida 2307 -09 54 Avenue North Robert Messersmith 3 813 61S Avenue North Shawn Yang 5843 Fremont Avenue North Ronald & Diane Miller 5338 Queen Avenue North Robert Messersmith 7218 -24 West River Road Arlene Johnson 6c. RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST NO. 630 09/10/01 -2- DRAFT RESOLUTION NO. 2001-121 Councilmember Lasman introduced the following resolution and moved its adoption: .RESOLUTION AUTHORIZING ISSUANCE OF A LAWFUL GAMBLING LICENSE (RENEWAL) TO THE BROOKLYN CENTER FIRE DEPARTMENT RELIEF ASSOCIATION TO OPERATE A PULL -TAB MACHINE AT THE DUOOS BROTHERS LEGION POST NO. 630 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY REGARDING TREATEMENT OF PARCELS USED AS SINGLE FAMILY RESIDENTIAL BUT ZONED AS OTHER THAN R1, R2, OR R3 RESOLUTION NO. 2001-122 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE CITY'S SPECIAL ASSESSMENT POLICY REGARDING TREATEMENT OF PARCELS USED AS SINGLE FAMILY RESIDENTIAL BUT ZONED AS ® OTHER THAN R1, R2, OR R3 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6e. RESOLUTION AUTHORIZING THE PURCHASE OF SOFTBALL FIELD LIGHTS FOR EVERGREEN PARK RESOLUTION NO. 2001-123 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SOFTBALL FIELD LIGHTS FOR EVERGREEN PARK The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 09/10/01 -3- DRAFT RESOLUTION NO. 2001-124 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6g. RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION RESOLUTION NO. 2001-125 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY AUTHORIZED FOR PUBLIC SALE AT CITY AUCTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7h. APPROVAL OF SITE PERFORMANCE GUARANTEE RELEASES FOR: -6405 JAMES CIRCLE (DENNY'S RESTAURANT) -6501 HUMBOLDT AVENUE NORTH (DUKE'S MOBIL) A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve site performance guarantee releases for Denny's Restaurant, 6405 James Circle, and Duke's Mobil, 6501 Humboldt Avenue North. Motion passed unanimously. 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 plat has not been filed and suggested tabling this item to the September 24, 2 00 1, meeting. A motion by Councilmember Peppe, seconded by Councilmember Ricker to continue the Public Hearing to the September 24, 2001, meeting. Motion passed unanimously. 09/10/01 4- DRAFT 7b. PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 - A, GARDEN CITY NORTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 -A, GARDEN CITY NORTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 IN ACCORDANCE WITH THE SPECIAL ASSESSMENT POLICY AMENDMENT REGARDING RESIDENTIAL USES IN COMMERCIAL ZONES Public Works Director Diane Spector outlined the project and discussed the proposed assessments for the Garden City North neighborhood street and storm drainage improvements, Improvement Project Nos. 2001 -01 and 02, Contract 2001 -A before opening the public hearing. Mayor Kragness asked if the project would be completed on time. Ms. Spector informed the Council that the original completion date for the project was September 15, 2001, and that there were a few rain days so the completion date was extended to the end of September 2001. A motion by Councilmember Nelson, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Donn Escher, 3107 65`' Avenue North, addressed the Council to share that he believes the assessments are reasonable and to address two appeals. The first appeal was to discuss not using chemicals on residential streets except at intersections. The second appeal was to discuss concern with buses going through the neighborhood. Mr. McCauley informed Mr. Escher that the City's policy is to use the chemicals at the intersections only other than on arterial streets and that the City does not control the bus routes. Louise Wirtz, 6501 Beard Avenue North, addressed the Council questioning the unfinished curbing in front of her property and unfinished sidewalk in front of the apartments across the street. Ms. Spector discussed that the project is not completed and that there has been some delays because of some NSP work. A Brooklyn Center resident who lives on Quarles Road addressed the Council to commend City staff and the contractors working on this project for a job well done. 09/10/01 -5- DRAFT Sue Schendel, 3200 65`" Avenue North, addressed the Council to ask for help with an abandoned well on her property that has been discovered during construction. Ms. Spector informed the Council that the abandoned well is an old irrigation well and that City staff is waiting for finds regarding the well and working on preparing cost estimates at this time. Ms. Schendel asked if a better cover could be provided for the well for she fears the safety for herself and others. Councilmember Peppe requested an update to the Council regarding this issue. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-126 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2001 -01 AND 02, CONTRACT 2001 -A, GARDEN CITY NORTH NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. RESOLUTION NO. 2001-127 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION AMENDING LEVY NOS. 15128 AND 15129 IN ACCORDANCE WITH THE SPECIAL ASSESSMENT POLICY AMENDMENT REGARDING RESIDENTIAL USES IN COMMERCIAL ZONES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ricker. Motion passed unanimously. 7e. PUBLIC HEARING REGARDING PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley discussed the process that is used to prepare the delinquent public utility service accounts before requesting the public hearing be opened. 09/10/01 -6- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. Frank Lang, Earle Brown Terrace representative, addressed the Council to ask that the City Council dismiss the assessment of approximately $60,000 for the Earle Brown Terrace property. Mr. Lang informed the Council that $60,000 is a large amount that their budget is not capable of paying for an error of this type and asked the Council again to have mercy on this assessment for Earle Brown Terrace. Mayor Kragness asked Mr. Lang if there had been any agreements or adjustments discussed with City staff. Mr. Lang informed the Council that there were no agreements made. Mr. McCauley informed the Council that staff had previously tried to discuss resolution of the issue, but the owner had cancelled subsequent meetings and that the City Council may wish to approve the balance of the resolution and table Mr. Lang's assessment to the October 8, 2001, meeting to allow time for Mr. Lang to contact the Director of Fiscal and Support Services Doug Sell to discuss the issue. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2001-128 Councilmember Peppe introduced the following resolution and moved its adoption with the amendment to table the Lang - Nelson (Earle Brown Terrace, 6100 Summit Drive) assessment to the October 8, 2001, meeting: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR OLIVE GARDEN Mr. McCauley discussed that the Olive Garden in Brooklyn Center had an illegal activity of serving alcoholic beverages to two persons under the age of 21 and that this resolution and consent order imposing civil penalty for Olive Garden be considered and approved as written. RESOLUTION NO. 2001-129 . Councilmember Nelson introduced the following resolution and moved its adoption: 09/10/01 -7- DRAFT RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR OLIVE GARDEN The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. RESOLUTION CALLING FOR HEARING ON THE IMPOSITION OF SANCTIONS AGAINST LIQUOR LICENSEE SPEEDWAY SUPERAMERICA, LLC Mr. McCauley discussed since the agenda had been prepared, Speedway SuperAmerica, LLC had signed a consent order and requested that the resolution calling for a hearing be removed from the agenda. A resolution and consent order imposing civil penalty for Speedway SuperAmerica, LLC had been prepared and submitted to the City Council prior to the meeting for adoption. RESOLUTION NO. 2001-130 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR SPEEDWAY SUPERAMERICA, LLC The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 8e. JOINT RESOLUTION REQUESTING CONCURRENT DETACHMENT FROM ROBBINSDALE AND ANNEXATION TO BROOKLYN CENTER OF CERTAIN PROPERTY NORTH OF TH 100; AND CONCURRENT DETACHMENT FROM BROOKLYN CENTER AND ANNEXATION TO ROBBINSDALE OF CERTAIN PROPERTY SOUTH OF TH 100 PURSUANT TO MINN. STAT. § 414.061 Mr. McCauley discussed that he had not heard whether or not this resolution is acceptable from the City of Robbinsdale and requested that the Council table this resolution to the September 24, 2001, meeting. A motion by Councilmember Lasman, seconded by Councilmember Nelson to table this resolution to the September 24, 2001, meeting. Motion passed unanimously. 8d. AN ORDINANCE AMENDING CHAPTERS 4 AND 16 OF THE BROOKLYN CENTER ORDINANCES AND ESTABLISHING A STREET LIGHT SERVICE DISTRICT i 09/10/01 -8- DRAFT Mr. McCauley discussed that the City Attorney had reviewed the proposed ordinance amendments for Chapters 4 and 16 of the City Ordinances and that since the agenda had been prepared a new version of the ordinance establishing a street lighting service district had been submitted to the City Council for approval of first reading and setting public hearing for October 8, 2001. A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve first reading of the revised ordinance and set second reading and public hearing for October 8, 2001. Motion passed unanimously. 8e. 2002 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT 1. RESOLUTION DOPT O A THE 2 002 PRELIMINARY BUDGET T 2. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 3. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 4. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 Mr. McCauley outlined the proposed preliminary budget and levy numbers and discussed the influences on the General Fund Budget for the year 2002. Mr. McCauley shared that the City Council will not hold a Truth in Taxation Hearing and that updates will be provided at City Council meetings as to the happenings that take place now through December 10, 2001, at which time the adoption of the 2002 budget and levy will be before the City Council for action. RESOLUTION SOLD ON N0.2001 -131 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2002 PRELIMINARY BUDGET 09/10/01 -9- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-132 Councilmember Lasman introduced the following esolution and moved its adoption: g p RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE GENERAL FUND, DEBT SERVICE FUNDS, HOUSING AND REDEVELOPMENT AUTHORITY AND ECONOMIC DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001-133 i Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES CHAPTER 469 FOR THE CITY OF BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR FISCAL YEAR 2002 The motion for the adoption of the foregoing p g mg resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. RESOLUTION NO. 2001 -134 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FISCAL YEAR 2002 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 09/10/01 -10- DRAFT e 9. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:53 p.m. Motion passed unanimously. City Clerk Mayor e e 09/10/01 -11- DRAFT City Council Agenda Item No. 6b City of Brooklyn Center A Millennium Community TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Cler DATE: September 19, 2001 SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on September 24, 2001. MECHANICAL P & D Mechanical Contractors 4629 41" Avenue North, Robbinsdale Kumar Mechanical, Inc. 877 SW 3r Street, New Brighton Yours by Design Heating & Cooling 1061 109'' Avenue NE, Blaine PRIVATE KENNEL LICENSE Denise Mueller 160170' Avenue North Lynn Amacher -Maim 5420 Fremont Avenue North RENTAL Renewal: 5919 Pearson Drive Gary Nesseth 5318 Queen Avenue North Carin Rudolph 5329 Queen Avenue North Alvin Stachowski Riverwood Estates LLC Donald Kasbohm 5340 -44 Russell Avenue North Judith Swenson Initial: 5918 June Avenue North Janet Kmett 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 - FAX (763) 569 -3434 FAX (763) 569 -3494 City Council Agenda Item No. 6c MEMORANDUM DATE: September 18, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineerf c" SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2001 -16, Contract 2001 -G, 2001 Sealcoating On July 23, 2001, the City Council awarded a contract to Allied Blacktop Company in the amount of $55,592.00. Allied Blacktop Company has completed the work in accordance with the specifications. The final contract amount of $55,193.00 is $399.00 under the approved amount due to a slight under run in contract quantities. It is recommended to accept the work performed in the amount of $55,193.00. i its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 2001 -16, CONTRACT 2001 -G, 2001 SEALCOATING WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Allied Blacktop has satisfactorily completed the following improvement in accordance with said contract. Improvement Project No. 2001 -16, Contract 2001 -G, 2001 Sealcoating NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the contractors receipt in full. The total amount to be paid for said improvement shall be $55,193.00. 2. Project costs shall be charged to the Street Maintenance Division. 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. is City Council Agenda Item No. 6d VIII • MEMORANDUM DATE: September 19, 2001 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City EngineerOl SUBJECT: An Ordinance Vacating Certain Utility Easements in BROOKLYN 55 ADDITION On July 9, 2001, the City Council approved the final plat for BROOKLYN 55 ADDITION. The final plat subdivided the parcel located at 5445 Xerxes Avenue North containing the old Toys R Us building into three contiguous lots. As part of the platting process, the Developer, Brooklyn 55, LLC dedicated an additional utility easement over existing public utilities. The platting resulted in an overlap of utility easements. It is proposed to eliminate this overlap at this time rather than further encumber the property with duplicate easements. Consistent with the City Charter, the first reading for an ordinance vacating certain portions of utility easements for BROOKLYN 55 ADDITION, is presented. The second reading and public hearing are scheduled for October 22, 2001. BROOKL YN 55 IR.T. DOC. NO.. ;r,o 5-.Al \ st D o Y nr.K. +�£ 'r{•���% � i -----. - /," wz os _ �•w I I 1 � l i � » I % �'� i � � � lam �`� 4♦ I � 1 1 1 BLOCK 1 1 1 t 5• 1 y •J �� i ' �i � 51 {• ,•+_''„ � Y _.. � F' cJ ` , e ��•ti I TS t� J � � < IP.1 79 4, �••F•� �yyi•3 ��` "` ��♦ _ .' �, .:0• — — — ►ww �a« ww «� a ROAD — — — �• / • o..ow I•. �, rw i — — p'w• w wry r.....a .. r.. H•r a Be I N I PA. sort' 1 WESTWOOD .. w.a..a�r srt. a. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of October, 2001 at 7 Yg P g Y > p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amending chapters 4 and 16 of the Ordinances and to establish a street light service district. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING CERTAIN UTILITY EASEMENTS IN BROOKLYN 55 ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Utility easements described as: The north 30 feet of the south 150 feet of that part of Lot 57, AUDITORS SUBDIVISION NO. 216, lying east of the west 150 feet thereof, and also shown on the original plat of TOYS R US are hereby vacated. Section 2. This ordinance shall be effective after adoption and days p thirty s Y following its legal publication. Adopted this day of , 2001. Mayor ATTEST: City Clerk Date of Publication Effective Date Strikeouts indicate matter to be deleted underline indicates new matter. i City Council Agenda Item No. 6e i MEMORANDUM DATE: September 19, 2001 TO: Michael I McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Amending the 2001 General Fund Budget to Provide for the Repaving of the Parking Lot at Lions Park The 2001 Street Maintenance budget includes $90,000 for sealcoating. The sealcoating and liquid sealer projects are now complete, and between them total just under $75,000. Maintenance staff has identified a need to reconstruct the Lions Park parking lot to eliminate drainage issues. Normally such an improvement would be included in the adjacent neighborhood street project, which in this case would be in 2004. However, the drainage issues have resulted in continued maintenance problems, and early reconstruction of the lot would relieve what is a growing maintenance burden. We estimate it would cost about $10,000 to reconstruct the lot. We have received a quote for concrete work and are in the process of obtaining a quote for the bituminous work; City staff would perform the removals, grading, and site preparation. Approximately $15,000 remains available from the appropriation for sealcoating. In past years, Council has authorized the use of unexpended sealcoating funds for similar activities, such as the repaving of the West Palmer Lake Park parking lot and repaving the City Garage parking lot. We request Council consideration of a resolution amending the 2001 budget to authorize the use of unexpended sealcoating funds to fund the repaving of the Lions Park parking lot, at an estimated cost of $10,000. ® adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION AMENDING THE 2001 GENERAL FUND BUDGET TO PROVIDE FOR THE REPAVING OF THE PARKING LOT AT LIONS PARK WHEREAS, the 2001 General Fund budget for Street Maintenance activities includes $90,000 for sealcoating; and - WHEREAS, the 2001 sealcoating projects have been completed at a total cost of just under $75,000, leaving about $15,000 unspent; and WHEREAS, Park Maintenance staff have identified a need to repave the parking lot at Lions Park to improve drainage and correct an ongoing erosion problem, at an estimated cost of $10,000; and WHEREAS, this improvement is similar to other projects previously approved for construction with unexpended sealcoating funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the 2001 General Fund budget is hereby amended to authorize the repaving of the Lions Park parking lot at an estimated cost of $10,000, using unexpended funds budgeted for sealcoating. 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. 6f MEMORANDUM DATE: Septemberl9, 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. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER --------------------------------------------------------------------------------------------- CITY OF BROOKLYN CENTER PALMER LAKE TRAIL 138 MARK KLINKNER 5637 BROOKLYN BLVD 139,140,141,142 143,144,145 THOMAS REVARD 6437 JUNE AVE N 146 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 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. is City Council Agenda Item No. 6g MEMORANDUM DATE: September 20, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer j SUBJECT: Resolution Approving Supplementary Agreement No. 1, and Change Order No. 2, Improvement Project Nos. 2001 -01, 02, and 03, Contract 2001 -A, Garden City North Street, Storm Drainage, and Utility Improvements On April 9, 2001, a contract was entered into with Arcon Construction, Inc in the amount of $2,996,354.16 for the above Improvement Project. Change Order #1 was approved for over runs in stump and tree removal and for sewer lining under Brooklyn Drive in the amount of $57,864.83. There are several small projects that could most cost - effectively be performed by Arcon Construction. Supplementary Agreement No 1. is proposed for this additional work that was not included in the original contract estimated as follows: ITEM AMOUNT Sewer and Water Main Replacement on June Avenue $30,000.00 Centerbrook Gate Valve 25,000.00 Remove Tree Grates on Humboldt Avenue 15,000.00 Additional Sidewalk at 66' Avenue near Camden Avenue 6,900.00 TOTAL $76,900.00 The sewer and water main replacement on June Avenue is in connection with the approved retail development at 69� Avenue proposed by the Christensen Corporation. Under the terms of the subdivision agreement the City of Brooklyn Center is to make the improvements to the water and sewer main and the developer will reimburse the City for one half the costs of the improvements, with the balance paid for from the respective utility funds. This work would have been accomplished in the 1998 St. Al's neighborhood project but the redevelopment requirements were not known at that time. The Centerbrook gate valve work is included in the 2001 Capital Improvement Plan. The work would be accomplished through force account work and would not begin until October 1 to accommodate the golf course schedule. Similarly, the tree grate removal on Humboldt Avenue would be completed through force account and is identified in this year's Capital Improvement Plan. The additional sidewalk work would be an extension of the sidewalk along 66' Avenue. This work was inadvertently omitted from the recently completed improvements at Camden Avenue and 66"' Avenue and would be paid for as a part of this year's Miscellaneous Concrete work budget in the CIP. Change Order No. 2 is to extend the contract completion date from September 20 to October 20 2001 g P P . due to rain days and added work. There is no additional cost involved. Recommended City Council Action Attached for council consideration is a resolution approving Supplementary Agreement No. 1 and Change Order No. 2. i adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1 AND CHANGE ORDER NO. 2, IMPROVEMENT PROJECT NOS. 2001 -01, 02, & 03, CONTRACT 2001 -A, GARDEN CITY NORTH STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Arcon Construction Co., Inc. is completing the following improvement in accordance with said contract: Improvement Project Nos. 2001 -01, 02 & 03, Contract 2001 -A, Garden City North WHEREAS, the City of Brooklyn Center wishes to add additional items pursuant to the written contract; and WHEREAS, the City of Brooklyn Center finds it necessary to include additional street, utility and other related work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Supplemental Agreement No. l and Change Order No. 2 are hereby approved for addition work. 2. The total cost of Supplemental Agreement No. 1 is $76,900. The revised contract amount is $3,372,889.57. 3. The costs of Supplementary Agreement No. 1 shall be paid as follows: Funding Source Amount Water Utility Fund $32,500 Sanitary Sewer Fund 7,500 Local State Aid 21,900 Developer Contribution 15,000 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7 Minneapolis Metro North Convention & Visitors Bureau 2002 Marketin g Plan MISSION STATEMENT: The Minneapolis Metro North Convention & Visitors Bureau is a destination marketing organization whose mission is "to promote economic growth for its members as a preferred destination for events, meetings, and tourism. Funding for the Bureau's operation is derived from a 3% lodging tax assessed by hotels and motels on rented rooms. Funding cities currently include: Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, Mounds View, and Shoreview The administration of the Bureau is a Board whose members represent the cities, business, and hoteliers. The management of the Bureau is performed by a paid Executive Director. This upcoming year will be the Bureau's 16th year of operation. What We Are Selling What Visitors Are Buying 1. Nine Twin Cities Northern Suburbs and • Value their venues, attractions, and services. • Places to stay when visiting local residents • Convenient access and location to the venues within the area • Sports and recreation venues • Free parking • Safe environment a Fun • History • Attending events in Minneapolis /St. Paul 2. 3100 Sleeping Rooms 0 Choice of amenities and rates • 59% of all rooms are in the limited service • Room amenities segment and 41% are full service • Recreation on site • Brand name properties nationally known • Breakfast included • Sleeping rooms are concentrated in • Free Parking Brooklyn Center and in Coon Rapids • Frequent Guest Programs • Lowest occupancy typically is November- • Entertainment and dining nearby March and around Holidays • Customer Service • Highest occupancy typically is June- • New properties October • Airport accessibility 3. Restaurant, Shopping, Hotels, Attractions • Hospitality service • Historic attractions • Recreation like golf, water parks indoor and outdoor, and trails • Twin Cities attractions and events • Unique dining experience a Entertainment • Retail: Brookdale, Northtown, Outlet Mall, and Antique. Mall of America 4. Meeting facilities and hotels with meeting • Unique meeting facilities that provide space different learning environment • Dedicated exhibit space • Accessibility for their attendees • Quality food and service staffmg • State -of -the -art technology • Value for the dollar spent 3 5. All sports venues in the Minneapolis Metro o Quality sports /recreation venues, North area including the National Sports Center operational staff, and local support �,n �„�":;.4'�,° ;S�"• Y, :tw. f », - ,..-�.,. ,;.,y;.,..;e. •.�_�r 4 mss _ .� u''�,�ws � ,dd'; c'd:4zr• ��r,a �A,,1' y,:<:.. s � . e r a � . �. >°;,? � �&,- #g ^ >��;. ° .��;.��a���n.. ���:ru .r..�; i STRENGTHS OPPORTUNITIES • Good access via highway and freeways • Form alliances to increase visibility • Free parking • Promote small meetings as important • Distinctive meeting facilities with variety • Desirable shopping and entertainment • Competitive rates and choices • Sell off -peak occupancy periods • Parks and trails • Expand Bureau membership • Close to the Downtown Minneapolis • Build on our destination image • Recreation opportunities • Expand marketing in new publications and • First class sports venues with local contacts increase direct mail • New hotels and remodeled hotels in area • New venues coming on line next year • Identity as amateur sports hub for MN • Special events • Continuing growth in the area related to • Medtronic expansion and Target expansion corporations, services, and entertainment along with 610 development, Maple Grove • Population and political strength of area • Growth in budget makes us more • Regional promotion effort to attract visitors competitive with other CVBs and the tourism related assets all of our • Use of technology for marketing travel members have over the internet WEAKNESS THREATS • Lack of major attractions and distance from • Competition with larger bureaus and ® the major ones in area smaller ones • Limited meeting capabilities • Loss of professional sports • Distance from airport and transportation to • Casino events and rates and from the airport • New properties opening in metro area • Brand identity - who is Minneapolis Metro • Canadian dollar devaluation North? • Economic downturn effecting corporations • Traffic increase on 694 and time getting travel expenses around • Expansion of Minneapolis Convention • Rooms not connected to larger meeting Center competing for meeting space venues • Additional properties without additional meeting space or new attraction SUMMARY The Minneapolis Metro North Convention & Visitors Bureau's area will continue to grow in the future. We now represent Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, Mounds View, and Shoreview. The area has attracted new properties and hotel developers that are primarily limited service. There are opportunities for expanded promotion and sales for our tourism product. In 2002, the Bureau will focus on creating new business and growing our share of the Twin Cities visitor. This means continuing our campaign to increase our visibility throughout the region by using the spectrum of marketing activities such as: print ads, direct mail, and shows. This follows our Board of Directors strategic objectives. The Board revisited its strategic plan in the spring of 2001, and directed staff to continue expanding is goals and activities. .Cs . � �&s,..c„sx �,.,�. �3:� �_�.k% - .��: t$v, � .�.. arc: , ,>ra.>,. ,e ;•s.. ^ <, : � a �:'"+°,'�_:;:� ^, w>�.• , +; ;^:; The mission of the Bureau is "to promote economic growth for its members as a preferred destination for events. meetings. and tourism." Resources for the Bureau will be allocated to attract those visitors identified as delivering the greatest results and benefits to all stakeholders. In some cases the marketing efforts will favor the certain market segments. The end result will always be to increase our market share and generate new business into the area. In 2001, the Bureau departmentalized each segment to allow for growth and capitalize on each markets strength. For 2002, staff will implement and execute the Bureaus plan to benefit all members. Our 2002 Marketing Plan focuses on these strategic priorities: STRATEGIC PRIORITIES 1. Fulfill organizational goals of growth in new business and achieving a larger market share of existing business 2. Achieve goals of lead generation, bookings, room night bookings and distribution of visitor information • Number of leads Goal = 220 (10% increase over 200 1) • Number of bookings Goal = 97 (8% increase over 2001) • Number of room nights generated Goal = 26,750 (7% increase over 2001) • Tourism fulfillment and combined Goal = 15,000 Inquiries Web related activity Goal= 73,000 Visitors 3. Execute our 2002 Activity Calendar in all market segments within the budget approved by our Board of Directors 4. Creating and executing two new business opportunities, not previously served, in each market segment (meetings, events, and tourism). MEETINGS AND TRADESHOWS The Bureau focuses on regional and state meetings, which require sleeping rooms. These meetings are within the following market segments: corporate, association, government, religious, medical, education, and hobby markets. The national market will involve cooperative efforts with other Bureaus in certain market segments. MARKETING GOAL: • Attract meetings and tradeshows by establishing Minneapolis Metro North as a preferred destination. OBJECTIVES: • Create sales strategies needed to compete with other destinations and/or venues • Reach local residents to help invite their association to Minneapolis Metro North • Serve niche markets that are identified as compatible with our product • Increase our market share of meetings in the metro area by establishing relationships in all market segments Growth markets area targeted to be corporate and government markets • Address the downturn in corporate travel by increasing efforts on retention and venturing into new markets ACTIVITIES: • Direct mail, tradeshows, personal sales calls, special promotions, advertising, telemarketing, site inspections, presentations, convention services, and internet marketing using e-mail. TARGET MARKETS: • Corporate, government, fraternal and social organizations, trade & professional associations (medical), religious, and hobby SPORTS MARKET AND EVENTS With the growth in amateur sports in our member communities, the Bureau is looking at this as a growth market. MARKETING GOAL: • Position Minneapolis Metro North as the best location for amateur sporting events and the Bureau as the "GO -TO SPORTS CONNECTION" OBJECTIVES: • Develop relationships with local sports organizations that can bring events into the area • Identify appropriate events that meets established criteria for room nights and participants • Maintain cooperative partnerships with the National Sports Center to identify new events • Establish relations with regional and national sports organizations that have potential events available to bid on: USSSA, MSHSL, MYAS, MSF, and MRPA ACTIVITIES: • Direct mail, tradeshows, partnerships, bids, presentations, advertising, telemarketing, personal sales calls, special events, industry meetings, and internet and e-mail marketing TARGET _. MARKETS: • Amateur Athletic Union events, state /regional youth sport associations, sports meetings, team sports, and other compatible events • Local sports organizations willing to host tournaments • Statewide organizations that hold events • Partner with the Minnesota Amateur Sports Commission to secure new events LEISURE CONSUMER Our destination is positioned to capture visitors coming for events and entertainment in the Twin Cities because of value! In addition, we have quick access to downtown Minneapolis. MARKETING GOAL: • Increase new visitors and retain repeat visitors coming for activities in the Twin Cities Metro Area. Increase our market share of the Twin Cities visitor. OBJECTIVES: • Target advertising to create awareness of amenities, value and accessibility • Provide same day response to inquiries by phone and other sources • Update visitor guide and increase distribution of it through new sources • Provide the Travel Information Centers with vacancy status for referrals • Use strategic locations to place our map identifying lodging and attractions • Use our web site to drive business to our hotels and use other sites to steer customers to us • MOT partnerships and promotions that leverage our own marketing efforts • Expose our destination to travel media for additional editorial on our destination ACTIVITIES: • Print advertising, direct mail, customer and information service, internet marketing, cooperative marketing with MOT, consumer shows, and special promotions TARGET MARKETS: • The leisure traveler coming into the Twin Cities • The traveler coming into the metro for events • The traveler passing through the metro area in route to another destination GROUP TOUR AND TRAVEL The Bureau's marketing efforts in the group tour and travel market segment is to maintain existing relationships with tour operators and contacts. A new initiative with the Metro CVB's could result in more cooperative efforts in this market segment to broaden our effect. MARKETING GOAL: Attract new and existing group tour business by positioning Minneapolis Metro North as the preferred destination. ACTIVITIES: • Direct mail, trade shows, familiarization tours, personal sales calls, advertising, telemarketing, and joint promotions with the Minnesota Office of Tourism and Metro CVB's TARGET MARKETS: • Group leaders, bank clubs, American Bus Association, National Tour Association, schools, local tour operators MINNEAPOLIS METRO NORTH CONVENTION & VISITORS BUREAU 6200 SHINGLE CREEK PARKWAY, SUITE 248 BROOKLYN CENTER, MN 55430 2002 BUDGET INCOME 00 2002 2 1 Lodging Tax $1,260,400.00 $1,348,200.00 Accounts Receivable $ 0.00 0.00 MOT Partnership $ 25,000.00 $ 25,000.00 Interest $ 11,000.00 $ 12,000.00 TOTAL INCOME $1,296,400.00 $1,385,200.00 EXPENDITURES I. Administration $416,100.00 $443,000.00 H. Operational $136,300.00 $149,000.00 III. Marketing $580,000.00 $627,000.00 IV. Sales and Promotion $ 43,000.00 $ 45,000.00 V. Memberships $ 21,000.00 $ 21,200.00 VI. Public Relations $ 100,000.00 $ 98,000.00 TOTAL EXPENDITURES $1,296,400.00 $1,385,200.00 TOTAL COME $1,385,200.00 TOTAL EXPENDITURES $1,385,200.00 PROFIT/LOSS $ 00.00 MINNEAPOLIS METRO NORTH CONVENTION & VISITORS BUREAU RE U 2002 BUDGET I. ADMINISTRATION 2001 2002 Salaries 0 $335,20 .00 359,000.00 IRA 10,000.00 10,000.00 Payroll Taxes / taxes 36,500.00 37,400.00 Temporary Help 6,000.00 6,000.00 Insurance - Workers Comp 2,000.00 2,100.00 Audit/Tax Preparation 2,500.00 2,500.00 Professional Accounting Fees 5,000.00 5,500.00 Legal Counsel \Tech Support 5,700.00 6,000.00 Medical Insurance 13,200.00 14,500.00 TOTAL ADMINISTRATION $416,100.00 $443,000.00 U. OPERATIONAL 2001 2002 Office Rent 46,200.00 49,000.00 Office Equipment 13,600.00 17,000.00 Maintenance & Service Agreement 7,000.00 6,000.00 Office Supplies 7,100.00 7,500.00 Telephone 13,000.00 14,500.00 Postage /Courier/UPS 21,800.00 22,500.00 Auto Mileage/Parking 6,300.00 7,000.00 Printing/Stationary 6,000.00 7,500.00 Insurance - Officers & Directors 2,300.00 2,500.00 Insurance - General Liability 1,500.00 1,800.00 Board of Directors 2,500.00 3,000.00 Conferences and Schools 9 10.700.00 TOTAL $136,300.00 $149,000.00 III. MARKETING 2001 2002 Standard Collateral $ 49,000.00 50,000.00 Local Advertising & Promotion 4,000.00 7,000.00 Meeting & Conventions 162,000.00 170,000.00 Tour & Travel 16,000.00 16,000.00 Sports 72,000.00 88;000.00 Leisure Consumer (Tourism) 158,000.00 170,000.00 Special Promotions 9,000.00 10,000.00 National Sports Center 73,000.00 80,000.00 Marketing Incentive Fund 37,000.00 30,000.00 �' TOTAL MARKETING $580,000.00 $627,000.00 MINNEAPOLIS METRO NORTH CONVENTION & VISITORS BUREAU 2002 BUDGET IV. SALES AND PROMOTION 2001 2002 Airfare $ 10,500.00 11,000.00 Hotel - Travel 14,500.00 15,000.00 Meals/Entertainment (travel) 5,500.00 5,500.00 Meals/Entertainment (local) 5,500.00 5,500.00 Mileage/Parking/Taxi - Travel 3,500.00 3,500.00 Car Rental 3,500.00 4,500.00 TOTAL SALES & PROMOTION $ 43,000.00 $ 45,000.00 V. MEMBERSHIPS i Metro Assn. of CVB' $ 6,000.00 MN Assn. of CVB's 350.00 MN Society of Assn. Executives (MSAE) 500.00 PCMA 250.00 MN Hospitality 250.00 MN Innkeepers 200.00 Hospitality Sales & Marketing (HSMA) 200.00 Meeting Professionals, Inc. (MPI) 500.00 Chicago Society of Assn. Executives (CSAE) 275.00 Twin Cities Tourism Attractions Assn. 450.00 Tour Managers Assn. (TMA) 300.00 MN Festival & Events 125.00 Religious Conference Managers Assn. (RCMA) 100.00 Int'l Assn. of Convention & Visitor Bureaus 750.00 National Tour Assn. (NTA) 450.00 American Bus Assn. (ABA) 400.00 National Association Sports Commissions 500.00 EMGA 4,000.00 Other 3.000.00 3.000 TOTAL MEMBERSHIPS $ 21,000.00 $21,000.00 VI. ADVERTISING. MARKETING & P UBLIC RELATIONS Public Relations /newsletters $ 10,000.00 10,000.00 Special Events & Promotions 8,000.00 8,000.00 Local Festivals 16,000.00 18,000.00 Marketing Services and Fees 66,000.00 62,000.00 (includes chamber fees) TOTAL MARKE TING SERVICES $100,000.00 $ 98,000.00 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 day of 2001. Mayor ATTEST: City Clerk Date of Publication: Effective Date: (Strikeouts indicate matter to be deleted, underline indicates new matter.) 0 City Council Agenda Item No. 8b MEMORANDUM DATE: September 19, 2001 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works �y SUBJECT: An Ordinance Prohibiting the Feeding of Deer The proposed ordinance prohibiting the feeding of deer is presented this evening for second reading and continued public hearing. At the public hearing on August 13, 2001, a resident suggested that the language as proposed was not specific enough, and that taken broadly it could prohibit residents from doing things such as composting, mulching their gardens, feeding birds or wildlife other than deer, etc. I have reviewed the proposed ordinance with the City Attorney, and we suggest that the following exception be added as subsection 4. 4. Planting of seeds or plants for the purpose of establishing or maintaining a lawn or garden, covering gardens or plants with straw for the purpose of providing protection during winter months or when establishing new lawns, or using straw bales for erosion control. This would address the concern that the ordinance might be construed as prohibiting gardening or planting plants that deer find tasty, such as hostas, or mulching a garden or establishing a lawn. Another concern that was expressed was whether the ordinance might prohibit composting. From a practical standpoint, from spring to fall deer would probably not feed on dead or decaying materials in a compost pile or bin when there are tasty hostas nearby, and if a compost bin or pile does become an attractive nuisance, it is easy enough to cover it, which is what a CSO might direct a homeowner to do should it come to that. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of August, 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 prohibiting the intentional feeding of deer. 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 PROHIBITING THE FEEDING OF DEER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the Brooklyn Center City Ordinances is hereby amended to renumber section 1 -120 as Section 1 -300. Section 2. Chapter 1 of the Brooklyn Center City Ordinances is hereby amended to add the following section. Section 1 -200, FEED OF DEEg_ BT TED,. No person may 11n ace, or p ermit to he placed on the ground or within four (4) feet of y the ground surface, a rain, fruit, nuts fodder, salt licks, or any other food. in 1 1 _ding feed for birds, which may reasonab he expe cted to result in deer feeding . unless such items are screened or protected in a manner that prevents deer from feeding on them, excot as fo lows: 1. Fe _.eding programs or efforts and rtaken by t City or he Department of Natural Resources in accordance with a deer management 1p an" 2. Veterinarians. City animal control officers, or county, state or federal _gam officials who, in the course of their duties, have deer in their custody; or 3. Any food lab ced upon lhe4noperty for the nu mme, o f traMing or otherwise aki g deer where such trapping or taking is pursuant to a 1� it issued byte DDen rtment of Natural Resources. 4. Planting o_ f seeds or plants for the p=ose of establishing or maintaining lawn or garden_ covering gardens or 1lants with straw for the 12=ose of providing - protection during winter months or when establishing new lawns, or using straw bales for erosion control Ordinance No. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 2001. Mayor ATTEST:— City Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8c Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael I McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: September 19, 2001 SUBJECT: Public Hearing on An Ordinance Amending Chapter 1 of the City Ordinances Deleting Language Referencing Dog Licensing At its August 27, 2001, meeting, the City Council approved first reading of An Ordinance Amending Chapter 1 of the City Ordinances Deleting Language Referencing Dog Licensing and set September 24, 2001, for second reading and public hearing. Attached are the materials that were included in the Council agenda packet on August 27 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 Office of the City Clerk OX City of Brooklyn Center A Millennium Community MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk o �q�y�/vU�tJ 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 24t' 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 ° ^a any unlir .@nsed d og Section 1 -117. REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed from the pound by the owner upon payment of the following: 1. v 7 xxw .,.. �.. 2. T h e la to lirense penalty, `vii p- r zvr ° v a lig-e x. net be p -ebttail4ve 4 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. rf +>7o on;r,,ol is to b k the G43 a liGense shall be ebtaiRed by suGh per-son befere pess@ssien of the animal is given th e w,.rnlh.,nor Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. i 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.) s City Council Agenda Item No. 9a MEMO To: Michael J. McCauley, City Manager �r From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item - Planning Commission Application No. 2001- 019 Date: September 19, 2001 On the September 24, 2001 City Council Agenda is Planning Commission Application No. 2001- 019 submitted by Sandness Construction requesting Site and Building Plan approval for an approximate 7,000 sq. ft. addition to the Spiritual Life Church, 6865 Shingle Creek Parkway. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2001 -019 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 September 13, 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 -16 -01 City Council Action Should Be Taken By 10 -15 -01 (60 Days) Planning Commission Information Sheet Application No. 2001 -019 Applicant: Sandness Construction Location: Spiritual Life Church Request: Site and Building Plan Approval The applicant David Sandness of Sandness Construction is seeking site and building plan approval for an approximate 7,000 sq. ft. addition to the Spiritual Life Church, 6865 Shingle Creek Parkway. The property in question is zoned C -1 (Service /Office) and is bounded on the north by Shingle Creek Parkway with I -1 zoned property containing the Palmer Lake Plaza office /industrial building on the opposite side of the street; on the east by Xerxes Avenue and a two story office building with I -1 zoned property containing an office /industrial building on the opposite side of Xerxes Avenue; and on the south and west by Freeway Boulevard with R -3 zoned property containing the Earle Brown Farm Estates townhomes on the opposite side of that street. Places for religious assemblies such as chapels, churches, temple, mosques and synagogues, are permitted uses in the C -1 zoning district. Spiritual Life Church was granted site and building plan approval by the City Council for a 900 seat church on June 9, 1997, under Planning Commission Application No. 97006. They are now seeking site and building plan approval for an approximate 7,000 sq. ft. addition including a fellowship hall and meeting room. The fellowship hall addition will be located at the northwest corner of the existing building, is 5,088 sq. ft. and is labeled on the site plan as Addition A. The meeting room will be located on the south side of the building, is 1,692 sq. ft. and is labeled Addition B on the site plan. A 24 ft. by 26 ft. garage is also shown to be located in the south parking lot. The applicant is not proposing to make any site changes other than the building expansion. The church was planned with a possible expansion in mind and this expansion will not affect existing improvements. The City is still holding a financial guarantee to assure the completion of site improvements associated with the 1997 application. We may be close to recommending elimination of this guarantee upon verification of the completeness of the site improvements. ACC E 1 ; , q/PARK1NC'T Access to the site is unchanged and is gained from Xerxes Avenue and two access points from Freeway Boulevard. The parking requirement for the church is based on seating capacity. Nine hundred seats were indicated on the original plan which required 300 parking spaces. Three 9 -13 -01 Page 1 hundred and four arkin spaces were constructed. Five parking spaces will be eliminated with p g p p g P the construction of the garage leaving a balance of 299 parking spaces on the site. The seating capacity of the church is now 600 seats. The additions to the church do not require additional parking. We believe the parking space provided will be sufficient'to meet the church's needs even with a seating capacity expansion over the present number. If need be, an additional one or two parking spaces could be provided on the site. CTR ADTNCT/T)R ATNACTR/i TTTT,TTTF',; No site revisions are proposed with respect to grading, drainage or utilities for this expansion. It should be noted that the church had received Shingle Creek Watershed Commission approval in 1997 for a water retention plan that included two ponds, one on the north side of the site, the other on the south side. The church has recently been advised that the north pond was not constructed to the proper depth and that the outlet was not constructed according to the plan. A correction notice has been sent to the church and these matters are to be addressed by September 18, per that notice. T,ANDgC'APTNCT The applicant's landscape plan that has been submitted with this application is a verification of the landscape plan proposed in 1997. They note that the landscape point system required 392 points which they have slightly exceeded with their plantings which include 17 Fallgold Ash, 21 Plum Leaved Crabapple, 14 White Spruce, 7 Colorado Spruce, 15 Techney Arborvitae, 48 Hillieri, 49 Purpleleaf Sand Cherry and 22 Red Barked Dogwood. Final verification of the landscaping and pond modifications could allow the financial guarantee currently being held to assure completion of the 1997 site improvements to be released. We do not believe it is necessary to include a condition for a performance guarantee with the proposed expansion. BT TTT DTNC'T The building exterior for the proposed additions will be a rock faced concrete masonry unit colored to match the existing building. Prefinished metal fascia will also be provided to match the existing. The floor plan shows a fellowship hall addition, which will be L shaped. A portion of the expansion in this area is labeled preschool. The preschool is considered a permitted accessory use with the church. Elementary and secondary schools (K -12) are not an allowable use in the C -1 zoning district. The preschool use should be acknowledged as a condition of this approval provided it is properly licensed by the Minnesota Department of Human Services and that a copy of the license is kept on file with the City. 9 -13 -01 Page 2 UGHTTN("T The lighting plan shows the location of lighting standards that were installed. These light poles coincide with the original lighting plan submitted and no modifications are planned. RECOMMRNT)ATTnN The plans appear to be in order and approval is recommended subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Any altered grading, drainage or utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. The building additions are to be equipped with an automatic fire extinguishing . g system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 4. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 5. Plan approval acknowledges a preschool use on the property. The applicant shall receive appropriate licensing from the Minnesota Department of Human Services d i shall e file with the City. an a co of said license sha be kept on f PY P I i 9 -13 -01 Page 3 i r { � l Tt qww El IN NINE ��oll�i�■ ���� �� �� mass law ��j �. ♦ • SPIRITUAL LIFE CHURCH ADDITION SHINGLE CREEK PARKWAY r W#4" CF W PAFICIMAY BROOKLYN CENTER, MINNESOTA 0 �-1ww wows .. i M Al FLO PLAN I I I I I I I I I I I I I I I I I I� I I I III III I I I I "- ulrfa, � A4 ELEVA w A4 Tp C P SCHEDULES � E `, ♦ 1v it Is �' ' a f. L EXISTING LANDSCAPE PLAN SECTIONS � ` .0 on 4 � � a} I L L-al Irwt r 'w. 13 �A ��.. , \ L4 M Y VI Now11�\ + m' �}ti' L �oiw'ortiicrw� Mih Irwl AO{ OmIV11w. M KCpML \ �� It ��� � 4 q lMl1w'.�wf . 1g110M0 wiwn ww 1w1t • mgm�pw� 6 OO.wwR1 OOww1 f j a w�i�l R WIIN OwIMP. • 0710wR f f f I0-I0 wL ,�\ '•I 1 1111 �I I { I 1111111 � _ j 1s ww. r.1n a v r au I s \�\ le ( a >rwef �oww� me 11rf <wa awUa \ R wvm fii Wlw —� PFIZEWAY BLVD: KIM PLAN 1 ( - �!r .. r H F K H H ri K rt N u. r� ,t+r,*tJt,K1 -, f f i s r i e aawwmgl .ort� 1 r _1 w ti.w. aloe mswc� omaa wsvr wa �n.a e. r«aywT•w awwe u . v menwe:eer A eemewr. i Zvi L vm e rewca. 6 nA Nw s nw� n sw2j • kv ..... rua I � ..(( • re.� rQ, ew: r /, eanne.r .*u W � � eK e'/� R ne, .a a e{ 16�aF � OR e a r w f O �OI Oe�t Ne FW � ran Nu Iauw. - = ALL1110N A N fl H H i i `��� ✓' i i e ' / r1 H r! l /' aret w-e c < own Him N iQIR cool Y � - K KCIfICfI e El ' r e 1 e r I e e h eo.ecss FM FLOOR PLAN r* H N rI rf Lar t e l e V EP [ e{ lflMr�fl MIIIfRMM�11LiAtl !•• •-a r ��•' ���� � E • � 51J Si?37if�W 631V170YiV 110WAiVIB lB NOUX30Y HounHO -3=Fl - ivni E m � u x Mv; .. 4.4 - 'li €ICE ¢ � t gttwatttt _ -- o .`;f.M Y . Ir 4.1. t 1 1 IL c - A ssassaaas` a A « 11 � � 4 i l - I fea [ 9 MAN [71LI1 1 � [titTlt. I M. O R �' I /,tw.. �. ,e..t, .c. Rt61 � _eta"" _ALJ„c -r FeCL -1 - oa e.a toe lute tilt. NOW �� II t,L .a ' ti1tTIM. � -0t1A7 � ee Mo ....- � ew IIIO• [1LV. � ® IIOR 1.M [Y[. nq . T 4 .r.� tilp l Z s e IR fart � MIldf I ®� Rs+ta tn� I.tltt —�� � r[[aa IICIt RRM� pwe � j .�.— m Itte arfa 11[.1 PC1[tYV.�� [t1.Tlt0 saw t I [[It Tlt• Aw„1 f �t iee• itrtY a R[ Itl KOl IItO� A Yr.M mg ; 1• Ip A W{i OMll.tt t�PR l IWI I!A YM01M V/lt r[ 1R O. ML Im A R Y.CM OAC N0 ttO 1R i > . lta w.n u saw .ma tafutllo UI.7 1 w r stew Rte x t[ two[ up A Lm ./.txt a w.u[O EIEVAIMM ? O wtvw Tam O a u tale W - ft an -WRa" p M�M, p 11[e1M[ t.d11M M[�l �. � �� • PiC[ � flit. OaC�I . M[M4 _ A � _ V1 rnanry r.ran �vy� Y.1'tV+ .e -.ran p t.r,V+ py rran ��' `, ,rr.N ��r .► -.r.an Y ,+ T1MM MOdiY1 C TNM 1�IA 1NS C TT1M HI}!ON O - MM WhON'18Df3 % T1VM MUM Iwo O TT1M HUtOQ O TNM 1B3M'1BDf3 TiVM Jim lB0f3 �✓ p - , r err a rMrr r F u 3 i 'woe—_ — r+ue X — e.rrr o.a..m r.w — ,dm +awe - rwrww+ *rte ftu, Itua 1. E— — AN -' _ ,�.�✓... o AN i 111130 wow - WIW 3D07wVW w Y ire eer wo all e.o. p �r I �«Mr�a y'w�olrwrtaor �ahih w 1 1 '�N W�91i�UY �LVI�OWY ICtl1QhM16 f6'7t NOWXCr KMM - - W a&r ro e 0. i � i G R 3 .. S!! Q■ O � b f•• iLL1. i E Q i � Q IIiIIIi i� i r MEMORANDUM DATE: August 23, 2001 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer SUBJECT: SPIRITUAL LIFE CHURCH ADDITION The Engineering Department has reviewed the subject site plan dated August 15, 2001 and has no comments. It is worth noting that the Shingle Creek Watershed Commission approved a plan that required a pond be constructed. The north pond at Spiritual Life Church was not constructed to the proper depth and the outlet was not constructed according to plans. A copy of field report from Shingle Creek Water Management Organization and a compliance letter from the City are attached. City of Brooklyn Center A Millennium Community CITY OF BROOKLYN CENTER PUBLIC WORKS DEPARTMENT (763) 569 -3340 FAX (763) 569 -3494 STORM WATER POND AND UTILITIES MAINTENANCE AGREEMENT COMPLIANCE ORDER DATE:7/18/01 COMPLIANCE DATE: 9/18/01 TO: SPIRITUAL LIFE MINISTRIES PO BOX 29546 BROOKLYN CENTER, MN 55429 LOCATION: 6865 SHINGLE CREEK PARKWAY 1 ST NOTICE COMPLIANCE OFFICIAL: Michael Krech The following violations of the AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS were cited during an inspection of the storm drainage ponds located on the property at 6865 Shingle Creek Parkway. You are hereby informed that these violations must be corrected on or before the compliance date indicated. Failure to correct these violations will result in the City contracting to have the violations abated and charging the cost to the property owner or assessing it to the property. A re- inspection of this property will occur on the compliance date. Please notify our department when the corrections have been completed. If you have any questions or comments, please contact me at 569 -3331, Monday through Friday, 8:00 a.m. to 4:30 p.m. DESCRIPTION OF VIOLATIONS The pond must be constructed as shown in the plans attached as Exhibit B to the AGREEMENT FOR MAINTENANCE AND INSPECTION OF UTILITY AND STORM DRAINAGE SYSTEMS. 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 I Project Review SC 97 -07: Spiritual Life Church Location: Southwest quadrant of Shingle Creek .., q gl Parkway and Xerxes Avenue, Brooklyn Center Inlet: All outfalls are stabilized with riprap and clear of debris. z1, . Outlet: Outlet is clear of debris. Skimming is not provided. Outlet is not constructed according to plan. L' Basin: Pond does not have a permanent pool. All sideslopes are vegetated. Basin does not appear to be graded to bottom elevation show in plans. Inspection Date: September 11, 2000 Comments: Pond should be graded/excavated to bottom elevation shown in plans. Pond outlet should be constructed according to plans. ANIL Am • ' .d Tom• � `.i'�� _ -5c�ln9a:�i_: a Yl�: ;:y:::....;: -. .r t. • �s 'i ~fi Pond Outlet Pond - West J. -2- 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 SEPTEMBER 13, 2001 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners, Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Dianne Reem was absent and excused. APPROVAL OF MINUTES — AUGUST 16, 2001 There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead,to approve the minutes of the August 16, 2001 meeting as submitted. The motion passed unanimously. Commissioners Erdmann and Newman abstained from voting as they were absent from the meeting. 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 -019 — SANDNESS CONSTRUCTION Chair Willson, introduced Application No. 2001 -019, a request for site and building plan approval for an approximate 7,000 sq. ft. addition to the Spiritual Life Church, 6865 Shingle Creek Parkway. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (Refer to Planning Commission Information Sheet dated 9 -13 -01 for Application No. 2001 -019 attached.) The property is zoned C -1 (Service /Office). Places for religious assemblies such as chapels, churches, temple, mosques and synagogues are permitted uses in the C -1 zoning district. Spiritual Life Church was granted site and building plan approval by the City Council for a 900 seat church on June 9, 1997, under Application No. 97006 and they are now seeking site and building plan approval for an approximate 7,000 sq. ft. addition including a fellowship hall and meeting room. The applicant is not proposing to make any site changes other than the building • expansion. 9 -13 -01 Page 1 Mr. Warren explained that in 1997 the Shingle Creek Watershed Management Commission had approved a water retention plan, which included two ponds. The church has recently been advised that the north pond is not constructed to proper depth. He added that the City Engineer has met with the applicant to rectify the situation and is satisfied with the progress being made. Chair Willson raised a question about the outstanding performance bond and asked why it was not released after the new building was constructed. Mr. Warren responded that he generally does not release a performance bond until requested to do so by an applicant and added that the original contractor (Zeman Construction) did not contact the City to release the bond. Chair Willson called for questions or comments from the Commissioners. A representative of the Spiritual Life Church explained that they had no previous knowledge of the ponding problem. They have met with the original contactor and the City Engineer to rectify the situation and will do so as soon as possible. He added the church does not currently have a preschool on the site. Mr. Warren responded that he was aware of that and stated that they would need to be licensed with the State if they do decide to operate a preschool. Commissioner Boeck asked about the former grading plans and why they did not appear on the current plans. Mr. Warren responded that retention pond plans are part of the original site and grading plans and were filed at that time. He added that the applicant has agreed to make the necessary corrections and the City is confident the work will be done. The Church representative ® added that it is the intent of the Church to make all corrections according to the City Engineer's recommendations. Mr. Warren further explained that the ponding corrections would have been done whether or not the church was constructing an addition. He further explained the process for releasing performance bonds and added the City does not generally "foreclose" on performance bonds. They are returned to the applicant when all work has been complete and a request is received from the applicant. 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 - 019- SANDNESS CONSTRUCTION There was a motion by Commissioner Newmann, seconded by Commissioner Rahn, to recommend to the City Council that it approve Application No. 2001 -019, submitted by Sandness Construction for an approximate 7,000 sq. ft. addition to the Spiritual Life Church, 6865 Shingle Creek Parkway 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. Any altered grading, drainage or utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 9 -13 -01 Page 2 3. The building additions are 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. p Y 4. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 5. Plan approval acknowledges a preschool use on the property. The applicant shall receive appropriate licensing from the Minnesota Department of Human Services and a copy of said license shall be kept on file with the City. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its September 24, 2001 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:10 p.m. Chair Recorded and transcribed by: Rebecca Crass 9 -13 -01 Page 3 City Council Agenda Item No. 10a PROCLAMATION DECLARING OCTOBER 7 THROUGH 13, 2001, TO BE s ADMINISTRATIVE SERVICES WEEK WHERAS, each year the League of Minnesota Cities sponsors Cities Week, an opportunity for cities to celebrate city government and communities; and WHEREAS, in celebration of Cities Week, the City of Brooklyn Center would life to recognize the administrative services provided in our community by the Administration Department; and WHEREAS, it is important that our community recognize the important role of city government in building a health vibrant community and value those services offered by the Administration Department: • Customer .Service Representative - prompt and efficient customer service ■ Information Technology Coordinator - effective management and support of communication and data needs ■ City Clerk - safekeeping of official City records, administration of election activities, and communication to residents through City newsletters ■ Deputy City Clerk - coordination of City Council agendas and accurate minute taking ■ Human Resources - effective personnel policies, procedures, and practices ■ Brooklyn Center Liquor - efficient operation and customer service ■ Earle Brown Heritage Center — an historic preservation providing a high level of hospitality services; and WHEREAS, our citizens' high quality of life is enhanced because of the work of administrative services staff and the crucial role they play in the interest of citizens; and WHEREAS, it is highly appropriate that the services provided by the administrative services staff be recognized and appreciated. NOW, THEREFORE, 1, 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 7 through 13, 2001, to be Administrative Services Week in the City of Brooklyn Center and encourage all citizens to recognize the contributions that administrative services staff maize every day. Date Mayor ATTEST: City Clem City Council Agenda Item No. lOb PROCLAMATION DECLARING NATIONAL BREAST CANCER AWARENESS MONTH 2001 WHEREAS, October 2001 is National Breast Cancer Awareness Month; and WHEREAS, October 19, 2001, is National Mammography Day; and WHEREAS, an estimated 192,200 new cases of female breast cancer will be diagnosed in 2001 and 40,200 will die from the disease; and WHEREAS, an estimated 1,500 new cases of male breast cancer will be diagnosed in 2001 and 400 will die of the disease; and WHEREAS, early detection and prompt treatment can significantly reduce suffering and deaths caused b y this disease; and WHEREAS, mammography, an "x -ray" of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt. 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 month of October 2001 as National Breast Cancer Awareness Month and October 19, 2001, as National Mammography Day in the City of Brooklyn Center. Date Mayor ATTEST: City Clerk is City Council Agenda Item No. lOc MEMORANDUM DATE: September 19, 2001 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Approving Final Plat, BRI MAR ADDITION On August 27, 2001, the City Council approved the Preliminary Plat. A property owner, Herbert A. Margolis, has submitted an application for Final Plat. The purpose of this plat is to combine and divide 13.957 acres of land located east of Brooklyn Boulevard between I -94 and 69"' Avenue North into two lots. A copy of the proposed final plat is attached The plat of BRI MAR ADDITION is recommended for final approval. Big/ MA A DDI TION R.T. DOC. NO. IV,n A 'UCl C.R. DOC. NO. V" CR Y. :- l A 68 MEAS. . I 'c , ' , j . 50 , ,5 NC 304. A'4: (304.55 PLAr OF VELIE ADDIRON) , 3 '4545 " E 617.31 J76.97 A 24aJ4 ii A ii N A . A C Z d 256.67 A, At IF 09 BLOCK �•, h � / J T om \ , \ � /� ; ,r. A N (J\ (I\,- L j 2. 0 ob NI '9 ri '04'29'W 256.20 I m� 3 a r L \ l y.; 1 3 � 96 � k 6 \ XX N� �22 lz y '-mwl �wwy OF Lai 2- 1 60 0 60 120 • \4 186.21 — I SCALE IN FEET 070 r D 'LY R/W 3 - --1 BEARINGS ARE ASSUMED NO. 2— • DENOTES IRON MONUMENT g o 42-- NW Co NM W Sande Land S g LLC N. I/ NOT TA—T 34. 9, RGE II SHEETS BRI MAR ADD /T/ON R.T. DOC. NO. KNOW ALL MEN BY THESE PRESENTS: That Bri -Mor Compony, Inc., a Minnesota corporation, owner and proprietor, and Century Bank N.A., a national C.R. DOC. N0. banking a ciation, mortgagee of the following described property situated in the County of Hennepin, State of Minnesota, to wit: Lot 2, Block 1, CHRYSLER REALTY ADDITION In witness whereat said General Motors Acceptance Corporation, a New York corpombt has co used these presents to be signed by its proper officer this AND __ day of 200_ Tract A. REGISTERED LAND SURVEY NO. 1456 General Motors Acceptance Corporation AND Tract B and All that part of Trocl C lying South ... huly of a line drawn parallel with and distont 15 feet (measured at right angles) Northwesterly of the Southeasterly line of said Tract C. STATE OF MINNESOTA REGISTERED LAND SURVEY N0. 595, COUNTY OF AND The foregoing instrument was acknowledged before me this _,_ day of 200_, by its ^f said General Motors Acceptance Corporation, a New York corporation, on behalf of said corporation. Thal part of Tract C lying Northwesterly of a line drown parallel with and distant 15 feet (measured at right angles) Northwesterly of the Southeasterly line of said Tract C, REGISTERED LAND SURVEY NO. 595, And Ihal Tri- Fortune Properties, Inc., a Minnesota corporation, owner and proprietor, and Gmerai Motors Acceptance Corporation, a New York corporate,". mortgagee of the following described property situated in the County of Hennepin, Slot, of Minnesota, to wft. Nolory Public, County, Minnesota My Commission Expires Lot I, Block 1. VELIE ADDITION, according to the recorded plot thereof, and situate in Hennepin County, Minnesota. Part of the bo,e being registered land as evidenced by Certificate of Title No. 719063 and more particularly described as that part of Lot I, 1 hereby that I have surveyed and plotted the property described an this plat as BRI MAR ADDITION; that this plat is correct representation of Black I, VEUE ADDITION embraced within Tract S. REGISTERED LAND SURVEY N0. 370 and Tract A. REGISTERED LAND SURVEY NO 595. said survey. that alt distances ore correctly shown on said plat in feel and hundredth. of a fool; that oil monuments have been correctly placed in the ground as shown an said plat: that the outside boundary lines ar rrectly designated en said plot; and that there are no wetlands as defined in Have caused the s e to be surveyed and platted as BRI MAR ADDITION and do hereby donate and dedicate to the public, for public use forever, the Minnesota Statutes, Section 505.02, Subdivision I, or public highways to be designated on said pill. boulewrd and easements as shown an said plat. Scott J. Soukup. Land Surveyor In witness whereof said Bri -Mor Company, Inc., a Minnesota corporation, has caused these presents to be signed by its proper officer this _ day of Minnesolo Registration No. 17256 200. BRI -MAR COMPANY, INC. STATE OF MINNESOTA COUNTY OF HENNEPIN SIGN— Its The foregoing surveyor's certificate was acknowledged before me this day of 200_, by Scott J. Soukup, Land Surveyor. STATE OF MINNESOTA COUNTY OF The foregoing instmment was acknowledged before me this _ day of , 200 by its Notary Public, County, Minnesota of said Rn -Mar Company, Inc., a Minnesota corpora UOn, on behalf of said corporation. My Commission Expires BROOKLYN CENTER, MINNESOTA This plat of BRI MAR ADDITION was oppraved and accepted by the City Council of the City of Brooklyn Center, Minnesota of a regular meeting thereof held this day of 200 — If appbcable, the wntts, c ents and rec endolions of the Commissioner of Transportation and the Nolory Public, County, Minnesota Lounty Highway Engineer hove been receivetl by the City or the prescribed 30 day penod h s elapsed without receipt of such comments and My Commission Expires recommendations, as provided by Minn Statutes, Section 50503 Saba, 2. CITY COUNCIL OF BROOKLYN CENTER. MINNESOTA In witness whereof said Century Bank N A., o national banking associ.if -. has caused these presents to be signed by its proper officer this _ day of 200_ Century Bonk N.A. By _ _ u ^yor BY: _ onager SIGNED: _ its TAXPAYER SERVICES DEPARTMENT, Hennepin County, Minnesota STATE OF MINNESOTA I hereby certify that loxes payable in 200_ and prior years have been paid for land described on this plat. Dated this day of , COUNTY OF 200_. The foregoing instrument was acknowledged before me this day of 200_ by its Poinck H. O'Connor, Hennepin County Auditor BY: of said Century Bonk N.A., a notional banking association, an behalf of said banking association. SURVEY DIVISION, Hennepin County, Minnesota Pursuant to Minnesota Statutes, Sec. 383B.565 (1969), this plat has been oppraved this __— day of 200_. Notary Public, County, Minnesota My Commission Expires Gory F. Caswell, Hennepin County Surveyor BY. In witness whereof said Tri- Fortune Properties, Inc., a Minnesota corporation, has caused these presents to be signed by its proper offcer this day COUNTY RECORDER, Hennepin County, Minnesota of , 200_. TRI- FORTUNE PROPERTIES, INC. I hereby certify that the within plot of BRI MAR ADDITION ws filed in this office this day of 200_ at o'clock _.M. SIGNED: _ _ its STATE OF MINNESOTA Michael H Conniff, County Recorder BY: n ^^ y COUNTY OF The foregoing instrument wo acknowledged before me this __ day of . 200_, by its REGISTRAR OF TITLES, Hennepin County, Minnesota -f said Tri - Fortune Properties, Inc., a Minnesota corporation, on behalf of said corporation. I hereby certify that the within plat of BRI MAR ADDITION was filed in this office this day of 200_ at o'clock —M. Michael H. Conniff, Registrar of Titles BY: n ^uty Notary Pub l on Expses ic, County. Minnesota My Commissi Sunde Land S SEET ying, LLC. 9 I OF 2 SHEETS adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, BRI MAR ADDITION WHEREAS, the City Council on August 27, 2001 approved of the Preliminary Plat of the BRI MAR ADDITION; and WHEREAS, Herbert A. Margolis, has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final plat for BRI MAR ADDITION is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney, 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County or the State of Minnesota as S required. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted.