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HomeMy WebLinkAbout2000 03-27 CCP Regular Session AGENDA CITY COUNCIL STUDY SESSION March27, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Vacancy on Association of Metropolitan Municipalities Board of Directors 3. Civic Center Building Options process 4. Miscellaneous 5. Adjourn City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members ' om, Lasman, Nelson and Peppe From: Michael J. McCaul City Manager Date: March 23, 2000 Re: Vacancy on Association of Metropolitan Municipalities Board of Directors I would like to discuss with the Council the possibility of my applying for one of the vacant board positions on the Association of Metropolitan Municipalities Board of Directors. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An rmative Action /E Equal Opportunities Employer � 4 PP P �er ' Association of Metropolitan Municipalities DATE: March 22, 2000 TO: Mayors, Managers/Administrators, and Councilmembers FROM: Gene Ranieri, Executive Director RE: Vacancies on the AMM Board of Directors BOARD OF DIRECTORS VACANCIES — NOMINATIONS SOLICITED There will be three vacancies on the AMM Board effective in June of 2000. The officials selected to fill these vacancies are eligible to serve two two -year terms. The AMM Board consists of 19 city officials and is responsible for the overall direction of staff, approval of the annual budget and work program, establishment of the annual dues schedule, determination of yearly legislative priorities. The Board also makes appointments to the Transportation Advisory Board (TAB), Technical Advisory Committee (TAC), the Metropolitan Radio Board and the Metro GIS Policy Board. The Board meets the second Thursday of each month at 7:00 p.m Nominations are solicited from all parts of the metro area and can be either elective or administrative officials. Action reauested The nominations should be in written form, including a brief resume of the nominee, and should be sent to the attention of Gene Ranieri. Nominations should be received in the AMM office by no later than Monday, April 10, 2000. Please call Gene Ranieri at 651- 215 -4001 should you have questions or want more detailed information. Thank you. 145 University Avenue West Saint Paul, Minnesota 55103 -2044 Telephone: (651) 215 -4000 Fax :.(651) 281 -1299 E -mail: amm @amm145.org City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and uncil Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: March 23, 2000 Re: Civic Center Building Options This item is for purposes of discussing the process to be used at this juncture in the study of civic center building options. As the Council is aware, the cost estimates prepared by a person in the development field and a different architect have indicated much higher costs for the concept that was selected for further study. These costs exceed available resources and present a wide gap between remodeling and a new building. I anticipate that my recommendation to the Council will be to abandon the new building concept and to explore remodeling. I would like direction from the Council on how to proceed in presenting the results of the studies that have been undertaken. That is, would the Council prefer to have the results presented: - to the Park & Recreation Commission and Financial Commission at the regular commission meetings for recommendation to the City Council - have a joint meeting with the Commissions - proceed in some other fashion? 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer * *REVISED ** CITY COUNCIL MEETING City of Brooklyn Center March 27, 2000 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. Flag Ceremony - Boy Scout Troop 454 3. Call to Order Regular Business Meeting 4. Roll Call • 5. Council Report 6. Presentation - Ted Mondale and Todd Paulson Regarding Livable Communities Grant 7. 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. March 13, 2000 - Study Session 2. March 13, 2000 - Regular Session b. Licenses • • CITY COUNCIL AGENDA -2- March 27, 2000 c. Approval of Application for Exemption from Lawful Gambling License (Bingo/Raffle) from Earle Brown Elementary PTA for an event to be held on April 14, 2000, at Earle Brown Elementary School d. Resolution Declaring that the City Does Not Waive the Statutory Limit on Municipal Tort Liability for the Purpose of Renewing Insurance Policies for the 2000 Year 8. Planning Commission Items a. Planning Commission Application No. 2000 -002 Submitted by Jay Scheffler and Adolph and Doris Smietana. Request for a Variance to allow a subdivision of land by metes and bounds description. The Planning Commission recommended approval of this application at its March 16, 2000, meeting. •Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -002 subject to the conditions recommended by the Planning Commission. • b. Planning Commission Application No. 2000 -003 Submitted by Pan African Social Club. Request for a Special Use Permit to operate a social club at 1 910 57th Avenue North (Northbrook Shopping Center). The Planning Commission recommended approval of this application at its March 16, 2000, meeting. •Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -003 subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lions Club in Support of the Year 2000 Celebration Activities •Requested Council Action: - Motion to adopt resolution. _ b. 2000 Chemical Toilet Contract •Requested Council Action: - Motion to enter into an agreement with On -Site Sanitation for chemical toilet services. c. Resolution Authorizing Execution of Lease Agreement with Hennepin County for Election Equipment •Requested Council Action: - Motion to adopt resolution. 1 • CITY COUNCIL AGENDA -3- March 27, 2000 d. Resolution Authorizing Termination of Contract for Construction Management Services •Requested Council Action: - Motion to adopt resolution. e. Resolution Amending the 1999 General Fund Budget and Authorizing the Transfer of Surplus Funds from the General Fund to the Public Employees Retirement Fund •Requested Council Action: - Motion to adopt resolution. f. An Ordinance Relating to the Location of Secondhand Goods Dealers, Pawn Shops, Currency Exchanges, Tattoo Parlors and Body Piercing Establishments, and Massage Parlors; Amending Brooklyn Center City Code Sections 23 -610, 23 -661, 23 -2309, 23- 2203, and 23 -1709 •Requested Council Action: - Motion to approve first reading of ordinance and set second reading and Ill public hearing for April 24, 2000. g. Modification of April 17, 2000, Commission Recognition •Requested Council Action: - Motion to modify April 17, 2000, Commission Recognition from 6:00 p.m. to 6:30 p.m. in Constitution Hall, Community Center. h. Comments on Suburban Hennepin Regional Parks: Draft First Tier Trails, Greenways and Parks Plan •Requested Council Action: - Discussion and approval of comments to be forwarded to Suburban Hennepin Regional Park District. i. Mock City Council Meetings at Brooklyn Center High School •Requested Council Action: - Discuss Council participation. j. Status Report on 2000 City Council Goals •Requested Council Action: -None, report only. 41, • CITY COUNCIL AGENDA -4- March 27, 2000 k. Resolution Awarding Bids for Cooler and Flooring Materials for the New Brooklyn Center Liquor Store •Requested Council Action: - Motion to adopt resolution. 10. Adjournment III III • City Council Agenda Item No. 7a • • 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 MARCH 13, 2000 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 Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Recording Secretary Maria Rosenbaum. City Attorney Charlie LeFevere was present to discuss legal services. • Council discussed CEAP and the services it could provide to the City of Brooklyn Center. DISCUSSION OF LEGAL SERVICES WITH CITY ATTORNEY CHARLIE LEFEVERE Council discussed with City Attorney Charlie LeFevere the expectations and services required and that the status report recently started is a good opportunity to find out about projects happening in the City. Mr. LeFevere commented that the status report is helping on both ends since the report keeps his staff and City staff on the same track. Mr. LeFevere asked about the opportunity to serve as the City's Bond Attorney. The Council reviewed the service lapse that resulted in behind having Briggs and Morgan act as the City's Bond Attorney. • 03/13/00 - DRAFT CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Lasman raised a question about the facilities for Lutheran Social Services for agenda item 7c, Issuance of Revenue Bonds Under Minnesota Statutes, Sections 469.152 Through 469.165, as Amended, on Behalf of Brooklyn Center. Assistant City Manager Jane Chambers responded that she believes the project is to finance equipment for two group homes in the City of Brooklyn Center. REPORT ON TRANSIT HUB Mr. McCauley reported that he responded to a letter from Senator Scheid regarding a transit hub in Brooklyn Center and requested Council direction as to whether or not they were comfortable with staff continuing to work on potential State funding for a transit hub in Brooklyn Center. It was the consensus of the Council to have staff work with the Legislature if there would be a bill for funding a transit hub. MISCELLANEOUS Council discussed a recent application received from Cash N Pawn requesting to be licensed as a currency exchange operation at its pawn shop. Mr. LeFevere will prepare an ordinance amendment to clarify that the Council's intent is to prohibit • licensing more than one operation at a single location. The matter will be placed on the March 27, 2000, City Council agenda. ADJOURNMENT The Council adjourned the study session and continued to the informal open forum at 6:45 p.m. City Clerk Mayor 03/13/00 -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 MARCH 13, 2000 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. • Steve Klein and Madeleine Roche, representatives from CEAP, were present to discuss CEAP services and request financial help from the City of Brooklyn Center. Mr. Klein, Director of CEAP, reported on the budget process for CEAP and the financial help its receiving from the City of Brooklyn Park. Mayor Kragness asked about the volunteer work and food provided by CEAP. Mr. Klein and Ms. Roche informed the Council that the food that is prepared and delivered to residents by the volunteers of CEAP is not donated; however, the food shelve items are donated. Mayor Kragness informed Mr. Klein and Ms. Roche that the Council would like to consider helping CEAP but that the Council would like to have more time to study the options. Mr. McCauley informed Mr. Klein that a review of options for the Council would be prepared in the next 30 days. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adjourn informal open forum at 6:58 p.m. Motion passed unanimously. • 03/13/00 -1- DRAFT 2. INVOCATION A moment of silence was observed. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, and Robert Peppe. Councilmember Ed Nelson was absent and excused. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum. 5. COUNCIL REPORT Councilmember Lasman reported that she attended the Northwest Human Rights Coalition meeting on March 7, 2000, and shared information about upcoming events. Councilmember Hilstrom reported that the ribbon cutting for the police and fire stations had been • held on March 9, 2000, and informed the audience that there will be open houses for the facilities in May and August of 2000. More information on these dates will be published in the Brooklyn Center City Watch. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the minutes from the February 28, 2000, study session and regular session, and the March 6, 2000, work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Lasman, seconded by Councilmember Peppe to approve the following list of licenses. Motion passed unanimously. 03/13/00 -2- DRAFT • • AMUSEMENT DEVICES Brooklyn Center Community Center 6301 Shingle Creek Parkway (Formerly C.D.L.) Chi -Chi's Inc. #424 2101 Freeway Boulevard COURTESY BENCH Ameribench Company 4215 Winnetka Avenue North, New Hope MECHANICAL Anderson Heating and A/C 4347 Central Avenue NE, Columbia Heights Automatic Garage Door and Fireplace 9210 Wyoming Avenue N, Brooklyn Park Carver Mechanical, Inc. 116 Peavey Road, Chaska Cronstroms Heating and A/C 6437 Goodrich Avenue, St. Louis Park Hansen Heating, Inc. 1011 42nd Avenue N, Columbia Heights Home Energy Center 15200 25th Avenue N, Plymouth M and D Plumbing and Heating 11050 26th Street NE, St. Michael Maple Grove Heating and Air 401 County Road 81, Osseo Modern Heating and Air 2318 1st NE, Minneapolis P and H Services Company 1601 67th Avenue N, Brooklyn Center Petroleum Maintenance 3172 Spruce Street, St. Paul Residential Heating and Air 1815 East 41st Street, Minneapolis • Riccar Heating and Air 2387 Commercial Blvd NE, Andover Golden Valley Heating and Air 5182 West Broadway, Crystal River City Sheet Metal 9928 Bluebird Street, Coon Rapids Rouse Mechanical 2916 Nevada Avenue N, New Hope Royalton Heating and Air 4120 85th Avenue N, Brooklyn Park Standard Heating and Air 410 West Lake Street, Minneapolis Total Heating and Air 3307 Vera Cruz Avenue N, Crystal Vogt Heating and Air 3260 Gorham Avenue, St. Louis Park Wenzel Heating and Air 4131 Old Sibley Mem Highway, Eagan Yale, Inc. 9649 Girard Ave South, Minneapolis RENTAL Renewal: 1425 55th Ave N Frank Mayers 5351 Irving Ave N Frank Mayers 4408 69th Ave N Eugene and Diane Wright 7205 Perry Court E Muchtar Sajady • 03/13/00 -3- DRAFT SIGN HANGER • Demars Signs 410 93rd Ave NW, Coon Rapids Schad -Tracy Signs 325 Minnesota Ave N, Oronoco Signart, Inc 2170 Dodd Road, Mendota Heights Suburban Lighting 6077 Lake Elmo Ave N, Stillwater Topline Advertising 11775 Justen Circle, Osseo 6c. RESOLUTION APPROVING CHANGE ORDER NO. 1 AND 2, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998-15, CONTRACT 1998 -F, ELEVATED STORAGE TANK REPAIR - TOWER #3 RESOLUTION NO. 00-42 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1 AND 2, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1998 -15, CONTRACT 1998 -F, ELEVATED STORAGE TANK REPAIR - TOWER #3 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. • 6d. RESOLUTION ESTABLISHING A POLICY FOR THE SALE OF SALVAGED STREET NAME SIGNS RESOLUTION NO. 00 -43 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A POLICY FOR THE SALE OF SALVAGED STREET NAME SIGNS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 03/13/00 -4- DRAFT • • 7. PUBLIC HEARINGS 7a. PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, AND PUBLIC UTILITY HOOKUP CHARGES 1. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 2. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS 3. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS 4. RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS • City Manager Michael McCauley requested the Council open the public hearing for all special g Y q p P g p assessments and that all resolutions be adopted under one motion. These resolutions would certify special assessments for diseased tree removal costs, delinquent weed removal costs, delinquent public utility service accounts, and public utility hookup charges to the Hennepin County tax rolls. A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 00-44 Councilmember Lasman introduced the following resolution and moved its adoption: • 03/13/00 -5- DRAFT RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 00 -45 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 00-46 Councilmember Lasman introduced the following resolution and moved its adoption: 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 Hilstrom. Motion passed unanimously. RESOLUTION NO. 00 -47 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7b. PUBLIC HEARING ON PROPOSED USE OF 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS 03/13/00 - 6 - DRAFT • • 1. RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2000 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS Mr. McCauley discussed the resolution that would adopt $231,212 for rehabilitation of private property and $9,000 for household outside maintenance for the elderly projects for funding from the Urban Hennepin Community Development Block Grant (CDBG) program and authorize submittal of the proposal to Hennepin County for review and inclusion in the 2000 Urban Hennepin CDBG program. Mr. McCauley reviewed the allocation in the proposed budget and informed the Council that it is required to adopt a budget. If the Council wanted to amend the budget at a later date, a subsequent hearing could be held to amend the budget. Mr. McCauley advised that the anticipated budget to use 2000 CDBG funds for reimbursement on the 53rd Avenue project was disallowed by HUD even though the multi -year plan had previously been approved. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. • Bill O'Meara from Community Action for Suburban Hennepin (CASH) addressed the Council to discuss services provided by CASH such as programs on how to purchase a home, foreclosures, revised mortgages, and a program for first time home buyers which will be started soon. Mr. O'Meara stated that he would like support from the City of Brooklyn Center in the future. Mayor Kragness requested to have information about the program for first time home buyers once the program is scheduled. A motion by Councilmember Lasman, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. Council discussed the budget being approved by this resolution and how the money would be used. Mr. McCauley informed the Council that the resolution adopting the budget could be approved and that the City would not go forward with Hennepin County using the money until the Council were to have an opportunity to review options for an amended budget. RESOLUTION NO. 00 -48 Councilmember Lasman introduced the following resolution and moved its adoption: • 03/13/00 -7- DRAFT RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 2000 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING SIGNATURE OF SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 7c. ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, ON BEHALF OF BROOKLYN CENTER 1. RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF REVENUE NOTES BY THE CITY OF BRAINERD UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, TO FINANCE PROPERTY FOR THE BENEFIT OF LUTHERAN SOCIAL SERVICE OF MINNESOTA Mr. McCauley discussed this resolution would approve and authorize the issuance of revenue notes by the City of Brainerd under Minnesota Statutes, Sections 469.152 through 469.165, as amended, to finance property for the benefit of Lutheran Social Service of Minnesota, a portion of a project located in the City of Brooklyn Center. • Council discussed the project and if the improvements would come before the Council for approval. Mr. McCauley responded that the improvements would only come before the Council if a permit was required. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 00-49 Councilmember Peppe introduced the following resolution and moved its adoption: 03/13/00 -8- DRAFT • RESOLUTION APPROVING AND AUTHORIZING THE ISSUANCE OF REVENUE NOTES BY THE CITY OF BRAINERD UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165, AS AMENDED, TO FINANCE PROPERTY FOR THE BENEFIT OF LUTHERAN SOCIAL SERVICE OF MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF GARY GIVING Mayor Kragness shared information about the services Gary Giving provided to the City of Brooklyn Center during his 38 years with the City. She stated that he will be missed and wished him farewell. RESOLUTION NO. 00-50 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE • DEDICATED PUBLIC SERVICE OF GARY GIVING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8b. PROCLAMATION DECLARING APRIL 8, 2000, TO BE A DAY OF SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adopt proclamation declaring April 8, 2000, to be a Day of Spiritual Rededication and Prayer in Brooklyn Center. Motion passed unanimously. 8c. AN ORDINANCE RELATING TO THE REGULATION OF POOL TABLES; REPEALING CITY CODE SECTIONS 23- 201.01 AND 23- 201.02 AND AMENDING SECTION 23 -2102 Mr. McCauley discussed the City Council previously amended its fee resolution for amusement device licenses to comply with the new legislation which limited the fees for amusement devices to $15 per location plus $15 per machine. 03/13/00 -9- DRAFT Pool tables were not included in this fee amendment and the City was sued by a pool table operator • claiming that the City was limited to a $15 fee verses the ordinance charge of $35. The matter was forwarded to City Attorney Charlie LeFevere. It would not be cost effective for a few pool tables to litigate the issue because even if the City prevailed, it would cost significantly more to litigate than the revenue lost. Mr. LeFevere drafted an ordinance that would remove Sections 23- 201.01 and 23- 201.02 regarding pool tables. Section 23 -2102 would amend the definition of amusement devices to include pool or billiard or bumper pool tables. These amendments would bring pool tables under the same regulations as amusement devices. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve first reading of ordinance and set April 10, 2000, for second reading and public hearing. Motion passed unanimously. 8d. REPORT ON PRISM Mr. McCauley reported the Council previously requested to have a report provided by PRISM on services it provides. A report was provided and the following information was shared. There had been 32 client riders and 153 rides provided as of the end of February. It is projected that 144 riders and 852 rides throughout 2000 will be provided. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to accept report. • Motion passed unanimously. _ 8e. RESOLUTION RE- APPOINTING KENNEDY AND GRAVEN AS CITY ATTORNEY FOR GENERAL CIVIL REPRESENTATION Mr. McCauley discussed the City Council recently review civil legal services and that this resolution would reappoint Kennedy and Graven as City Attorney for general civil representation. RESOLUTION NO. 00 -51 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION RE- APPOINTING KENNEDY AND GRAVEN AS CITY ATTORNEY FOR GENERAL CIVIL REPRESENTATION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. • 03/13/00 -10- DRAFT • • 8f. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed after the public hearing held on February 28, 2000, ordering the improvements for the Garden City improvements, surveys were sent to residents to provide more information on the project per the Council's request. Two property owners had a number of questions which were answered by staff. RESOLUTION NO. 00 -52 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion . assed unanimously. Y • 8g. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NOS. 2000 -04, 05, AND 06, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Mr. McCauley discussed this is a joint project with the City of Brooklyn Park and that if Brooklyn Park does not approve the project, the project would be canceled. The Brooklyn Park City Council will have this item on its March 27, 2000, agenda. RESOLUTION NO. 00-53 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING AD FOR BIDS, IMPROVEMENT PROJECT NOS. 2000 -04, 05, AND 06, 73RD AVENUE, HUMBOLDT TO CAMDEN, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. • 03/13/00 -11- DRAFT 8h. MODIFICATION OF JUNE 19, 2000, WORK SESSION Mr. McCauley requested modifying the June 19, 2000, work session meeting with the Financial Commission to 7:00 p.m., in the Council Chambers. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to modify the June 19, 2000, work session meeting with the Financial Commission to 7:00 p.m., in the Council Chambers. Motion passed unanimously. 8i. RESOLUTION AMENDING CITY COUNCIL HANDBOOK TO CREATE POLICY ON CITY COUNCIL USE OF ELECTRONIC MAIL AND VOICE MAIL Mr. McCauley discussed this resolution would amend the City Council handbook to create a policy on City Council use of electronic mail and voice mail. The policy amendment would improve and enhance communications between City Council Members, City residents, and City staff to provide electronic mail and voice mail communications capabilities. RESOLUTION NO. 00-54 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING CITY COUNCIL HANDBOOK TO CREATE POLICY ON CITY • COUNCIL USE OF ELECTRONIC MAIL AND VOICE MAIL The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peppe. Motion passed unanimously. 8j. RESOLUTION AMENDING THE POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS Mr. McCauley discussed this amendment to the policy for public utilities account collections further defines the major elements of the process that shall be followed in various circumstances where the utility billing accounts can not be certified to special assessments. RESOLUTION NO. 00 -55 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE POLICY FOR PUBLIC UTILITY ACCOUNT COLLECTIONS 03/13/00 -12- DRAFT • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8k. RESOLUTION AMENDING THE 1999 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS Mr. McCauley discussed the amendment to the 1999 General Fund budget would be to increase appropriations for various operating departments. RESOLUTION NO. 00 -56 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1999 GENERAL FUND BUDGET TO INCREASE APPROPRIATIONS FOR VARIOUS OPERATING DEPARTMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 81. REPORT ON BROOKLYN PARK CAR DEALERSHIP ORDINANCE Mr. McCauley reported on the information gathered by City staff regarding the Brooklyn Park car dealership ordinance. In reviewing the summary provided, it was noted that both Brooklyn Park and Brooklyn Center have similar ordinances pertaining to car dealerships. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to accept report. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to adjourn the meeting at 7:45 p.m. Motion passed unanimously. City Clerk Mayor • 03/13/00 -13- DRAFT City Council Agenda Item No. 7b • I 1 . City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk 411g, , DATE: March 22 , 2000 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 March 27, 2000: MECHANICAL Allied Fireside 2700 Fairview Avenue North, Roseville DelMar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park Excel Air Systems, Inc. 2075 Prosperity Road, Maplewood Faircon Service 1891 West County Road C, Roseville Fore Mechanical 3520 88th Avenue NE, Blaine • Gilbert Mechanical Contractors 4451 West 76th Street, Edina Guyer's Builders Express 13405 15th Avenue North, Plymouth Heights Mechanical Company 615 Southview Boulevard, South St. Paul Metropolitan Mechanical 7340 Washington Avenue South, Eden Prairie Nielsen's Equipment and Design 4301 Quebec Avenue North, New Hope Pierce Refrigeration 1920 2nd Avenue South, Anoka P. R. S. Mechanical, Inc. P. O. Box 68111, Minneapolis Ron's Mechanical 12010 Old Brick Yard Road, Shakopee Sedgwick Heating and Air 8910 Wentworth Avenue South, Minneapolis g � p South -Town Refrigeration 5610 West 36th Street, Minneapolis St. Marie Sheet Metal Inc 7940 Spring Lake Road, Spring Lake Park Superior Contractors, Inc. 6121 42nd Avenue North, Minneapolis Swenson Heating and Air 6700 West Broadway, Brooklyn Park Total Comfort 12800 Highway 55, Plymouth RENTAL Renewal: Brookdale Towers Miles Fiterman, Ira Sklader Brookwood Estates Lang Nelson Associates Brookwood Manor Lang Nelson Associates Ewing Square Townhomes Ewing Square Associates Victoria Townhomes The Gaughan Companies 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569-3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Page 2 • March 27, 2000 RENTAL - Conitnued Renewal: 2913 64th Avenue North Joesph and Patricia Simmon 3715 69th Avenue North Gary Olson 1513 Humboldt Place N Kwi -Ha Wong 1549 Humboldt Plave N Kwi -Ha Wong Initial: 6230 Kyle Avenue North Warren McLaughlin SIGN HANGER Advanced Awning Design 1600 29th Street, Cloquet Arrow Sign Co 13725 Aberdeen Street NE, Ham Lake Lawrence Sign 945 Pierce Butler Route, St. Paul Universal Signs Inc 1033 Thomas Avenue, St. Paul TOBACCO RELATED PRODUCT • Tobacco Boulevard, Inc. 6300 Brooklyn Boulevard 111/ • City Council Agenda Item No. 7c 0 0 ts eaLYN CENT T. BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Sharon Knutson, City Clerk FROM: Joel Downer, Chief of Police DATE: March 13,2000 SUBJECT: Application for Exemption from Lawful Gambling License (Bingo /Raffle Application) Earle Brown Elementary PTA . On March 13, 2000, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the Earle Brown Elementary PTA. This application is for an event to be held at the Earle Brown Elementary School, 5900 Humboldt Ave N, on Friday, April 14, 2000. This application has been approved and will be returned to the Earle Brown Elementary representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. . Joe "6 : ...._.._� j ief of Police JD:kh • App o o E em Permit - LG220 Page 1 of 2 For Chec Bo k N ard o. Use only Minnesota l icati Law ful f Gambling r x p t 10/98 Fee Paid 0 �/�,- Initials Organization Information t Received i i Organization name Previous lawful gambling exemption number -- ark. .n ' rt_ PiPt. X oLigai Street City State /Zip Code County 533 Nail \a -(- Akk - ralt 1 N( €: ftw 1 Name of chief executive officer (CEO) of organization `J Daytime phone number of First name Last name CEO: ( ) lqa MeCar4 (ow - 5(o l -'7935 Name of teasur r of organization Daytime phone number of First name Last name treasurer. ( ) �'. G �V 9 r - 1 SW Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran VOther nonprofit organization Check the box that indicates the type of proof your organization attached to this application: [r IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office © A charter showing you are an affiliate of a parent nonprofit organization III dProof previously submitted and on file with the Gambling Control Board • Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) A . ► .ls ! g Ig 1 11 . , Address (do not use PO box) City State/Zip Code County 59 tkti rtfi N. M, ►rt I Cdr 14M P Date(s) of activity (for �raf less,, indicate the date of the drawing) d \, � r e Check t e box or boxes that indicate the type of gambling activity your organization will be conducting: []''Bingo Q?taffies 0 *Paddlewheels ❑ *Pull -Tabs 0 *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in altemative Your name and and your organization's name Private data about you are available only to the format (i.e. large print, Braille) upon request. The and address will be public information when following: Board members, staff of the Board information requested on this form (and any received by the Board. All the other information whose work assignment requires that they have attachments) will be used by the Gambling that you provide will be private data about you access to the information; the Minnesota Control Board (Board) to determine your until the Board issues your permit. When the Department of Public Safety; the Minnesota qualifications to be involved in lawful gambling Board issues your permit, all of the information Attorney General; the Minnesota Commissioners activities in Minnesota. You have the right to that you have provided to the Board in the of Administration, Finance, and Revenue; the refuse to supply the information requested; process of applying for your permit will become Minnesota Legislative Auditor, national and however, if you refuse to supply this information, public. If the Board does not issue you a permit, international gambling regulatory agencies; • the Board may not be able to determine your all the information you have provided in the anyone pursuant to court order; other individuals qualifications and, as a consequence, may refuse process of applying for a permit remains private, and agencies that are specifically authorized by • to issue you a permit. If you supply the with the exception of your name and your state or federal law to have access to the information requested, the Board will be able to organization's name and address which will information; individuals and agencies for which process your application. remain public. law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Page 2 of 2 Application for Exempt Permit - LG220 10/98 Organization Name . Local Unit of Government Acknowledgment (Required by Statute) f h amb lifili re sa ptio thin` i tin a tone gamb'tiriti irit " ito ., atowrishigniOp 't ir' c nab::, r iYi �5`�,m Ge � �'.� l F�.w e � y �,��. �� .. �. � .5� fF L " R '. "'y .... �.�. y us >> _ + ,.. • V catro x' the county ndtowns ip�must " ppticabon : a: - On behalf of the city, 1 acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county: 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2. Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution • within 30 days (60 days fora first / class city). (Signature of county personnel receiving application) Print a of city: 3r'vD t1 yip. LC."IP., Title 1 104tag Date / / (Signature of city personnel receiving application) On behalf of the township, I acknowledge that the Title e_1 Cleric organization is applying for exempted gambling activity Date 3 / 4 / within the township limits. A township has no statutory authority to approve or deny III an application (Minn. Stat. sec. 349.213, subd. 2). . Print name of township: • (Signature of township official acknowledging application) Title Date / / Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief Executive Officer's signature A V kC (`)� c 1/4\-\ Jl Name (please print) Q(� ne,1 I AC . 111 Date / 1 /((> Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board • 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. • City Council Agenda Item No. 7d 0 0 • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: March 22, 2000 SUBJECT: Resolution Declaring that the City does not Waive the Statutory Limit on Municipal Tort Liability for the Purpose of Renewing Insurance Policies for the 2000 Year Attached is a resolution which provides that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. The 1997 legislature increased the municipal tort liability limits to $300,000 per claimant and $1,000,000 per occurrence, effective on January 1, 2000. Also included in the legislation is a requirement that the City Council decide to waive or not to waive the statutory limits. The League of Minnesota Cities Insurance Trust asks that this declaration be made prior to the inception of the policy year. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING THAT THE CITY DOES NOT WAIVE THE STATUTORY LIMIT ON MUNICIPAL TORT LIABILITY FOR THE PURPOSE OF RENEWING INSURANCE POLICIES FOR THE 2000 YEAR WHEREAS, the Director of Finance and the City's Insurance Agent -are negotiating annual renewal premiums for the City's comprehensive insurance coverage for the period from April 1, 2000 to April 1, 2001; and WHEREAS, the State of Minnesota has set the statutory limit on tort liability at $1,000,000 for Minnesota cities and requires city councils to make a decision to stay with or to waive this limit; and WHEREAS, the Director of Finance does not recommend waiving the statutory limit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City does not waive the monetary limits on municipal tort liability • established by Minnesota Statutes 466.04. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • i City Council Agenda Item No. 8a S i MEMO To: Michael J. McCauley, City Manager � / From: Ronald A. Warren, Plannin g and Zoning S P ecia 'sr2 + •�l.J' Subject: City Council Consideration Item - Planning Commission Application No. 2000- 002 Date: March 22, 2000 On the March 27, 2000 City Council Agenda is Planning Commission Application No. 2000- 002 submitted by Jay Scheffler and Adolph and Doris Smietana requesting a Variance to allow a subdivision of land by metes and bounds description. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -002 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their March 16, 2000 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 3 -1 -00 City Council Action Should ty Be Taken by 4 -30 -00 (60 Days) • Planning Commission Information Sheet Application No. 2000 -002 Applicant: Jay Scheffler and Adolph & Doris Smietana Location: 5308 and 5316 East Twin Lake Boulevard Request: Variance (Subdivision by Metes and Bounds) The applicants, Jay Scheffler (5308 East Twin Lake Boulevard) and Adolph and Doris Smietana (5316 East Twin Lake Boulevard), are requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties. The ro erties in question are 5308 East Boulevard of 1 Mal color s Lakeview P t Twin Lake 0 P q (Lot 10, Addition) owned by Mr. Scheffler and 5316 East Twin Lake Boulevard (Lot 11, Malcolm's Lakeview Addition) owned by the Smietanas. They are zoned R -1 and are located on the east side of East Twin Lake Boulevard, just northerly of 53rd Avenue and are surrounded by other single family residential properties. The intention is to divide off a triangular portion along the south side of the Smietana property, using a metes and bounds description, so that it can be conveyed and combined with the Scheffler property. Section 15 -104 of the city ordinances requires division of lands to be done through a formal plat or registered land survey unless the City Council, by variance, allows otherwise. The applicants have submitted a survey of the two properties showing the triangular shaped parcel to be conveyed. It is 14.5 ft. wide along the East Twin Lake Boulevard right of way and would be approximately 596 sq. ft. in area. The division would make the south property line of the Smietana property (north property line of the Scheffler property) 82.24 ft. deep. The survey shows that the division would not create any setback encroachments nor would it create any lot deficiencies if approved. The loss of 596 sq. ft. from 5316 East Twin Lake Boulevard would leave it with a new lot area of 9,507 sq. ft. Minimum lot requirements in the R -1 zone for interior lots are 75 ft. in width and 9,500 sq. ft. in area. Currently, 5308 East Twin Lake Boulevard is deficient in area and, according to the information provided, the additional land would make it approximately 9,507 sq. ft. in area also. The transfer would make it a "conforming" lot. Both lots are deficient in minimum lot depth of 110 ft. 5308 East Twin Lake Boulevard has a lot depth of 102.2 ft. at the south property line and would be 82.24 ft. at the new northerly property line while 5316 East Twin Lake Boulevard has a lot depth of 80.36 ft. at the north property line. • 3 -16 -00 Page 1 • The applicants have submitted a letter with their variance application indicating that • Mr. Scheffler wishes to purchase a small piece of land from the Smietanas. They have had an unrecorded agreement for a number of years for Mr. Scheffler to use a portion of the Smietana property. The Smietanas are planning to sell their home in the near future and Mr. Scheffler is concerned that new owners may not grant him the same use of the property that he experiences now. The letter indicates that the purpose of the conveyance will allow Mr. Scheffler the continued use and enjoyment of this property and will not create a new lot. They indicate that the granting of the variance will relieve the parties of the burdensome time and expense of going through the entire formal platting process. They also note that they believe granting of the variance will not be detrimental to the public welfare or injurious to any other property in the area and note that the Smietana property will still meet city ordinance standards. They also indicate that they are aware that the City has also granted similar variance requests in the past. Under the City's Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15 -112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings, the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable affect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the City Council must find: • 1. That there are special circumstances or conditions affecting said property such that strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. As pointed out in the applicant's letter, it is their contention that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the d ivision of land and that their is substantial precedent for granting similar variances. We would concur with the applicant's comments and, in this case, we do believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time, at least six such divisions have been approved through the variance process by the City Council. The variances that have been granted typically site the right of the property owner to • 3 -16 -00 Page 2 • divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also, the division of land by metes and bounds have been allowed provided that: 1. No new buildable lots were created; 2. The underlying land is platted property; and 3. No lot or setback variances were implied and that all lot area requirements can be met. In our opinion, the proposed metes and bounds description variance requested by the applicants appears to meet both the variance standards contained in Section 15 -112 of the city ordinances and also the City's policy regarding the division of land by metes and bounds description. A public hearing has been scheduled and notices to surrounding property owners have been sent. RECOMMENDATION Again, it is believed that the standards for variance and the City's policy regarding subdivisions by metes and bounds descriptions have been met in this case. Therefore, approval of this application is recommended noting the above findings and subject to at least the following conditions: 1. The legal descriptions and survey showing the division of Lot 11, Malcolm's Lakeview Addition shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to • allow the combination to Lot 10, Malcolm's Lakeview Addition for tax purposes. • 3 -16 -00 Page 3 • I tt=11-1-*11:nl Lil-t II---t n. / 1 53D-1 .E1 e 1 1 1.-1 I I DR. d „„ . 2 < cl/Ap• - -.. a- na AVE - Tr -1------' .. H".- ..; ., MU I Oar abl, .c MI Mr 1111 \.1 A k(:. 4111111VAt''.14414)-0, ,, , w till: III 2 E , : % — u• , : p/E. N. 1"- ....., am 58TH i'--,7--- S Mr euto-' E -. . 4 \ , _ - 1.2.2i.J A tia ,.... I= ..: --- :______FM - z 11211 2 V II i ill = , _ c v 6 1 t. 0 0 mit , III ILI' ..._-. I - \ _, 5n „ ,w f ., n 011 1 A k C2 g M IN aT „, _ , -,,:---„ , E !'-':-'-',--::-. ill —:. I 1 t la t t ii, ) 3 \ % 1 BuRQuEsr 7(11 ilk ,:,... • ,,,...„ N. ....... 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''' (..1.1 ....N.:\ ... 4b 2 "------ la - / .i 3 5�. • �• - -- .` z B•os - /I'm(' o I T '` -.1... o - Z' vvys S E lorntr a "E_- tEdS� - _J �' E ii " /ray !of • /� { /i/ / a 7 Sri In /� . :Y. oaf :::;:+'` _ • iti•. March 1, 2000 • Planning Commission City of Brooklyn Center We the undersigned, are requesting a variance from the subdivision ordinance requirement to allow a metes and bounds description for purposes of conveyance. Jay Scheffler wishes to purchase a small piece of land from Adolph and Doris Smietana. Through agreement with Mr. & Mrs. Smietana, Mr. Scheffler has been using this property for several years. The Smietana's are planning to sell their home in the near future and Mr. Scheffler is concerned that the new owners may not grant him the same use. The sole purpose of this conveyance will be to allow Mr. Scheffler the continued use and enjoyment of his property and not to create a new lot. The granting of this variance will relieve the parties of the burdensome time and expense of going through the entire platting process. We do not believe that the granting of this variance will be detrimental to the public welfare or injurious to any other property in the area as the Smietana's lot will still meet the city's standards. Since the city has granted approval from the subdivision ordinance requirement in the past we are hopeful this variance request will also be • approved. Thank you for your consideration on this matter. Respectfully, )(// ' Scheffler AdopvvSmietana Doris Smietana • March 1, 2000 111 We, Adolph and Doris Smietana authorize Jay Scheffler to speak on our behalf before the Planning Commission and City Council regarding variance from subdivision requirement to allow a metes and bounds division of our properties. Adolph Smietana Doris Smietana S • • 15 -112 Section 15 -112 VARIANCES. S . The council may authorize a variance from these regulations when in its opinion, undue hardship may result from strict compliance. In granting any variance the council will prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings as required herein below, the council will take into account the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the council will find: 1. That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. b. Application for any such variance will be made in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the council, stating fully and clearly all facts relied upon by the petitioner, and will be supplemented with maps, plans, or other additional data which may aid the • council in the analysis of the proposed project. The plans for such development will include such . covenants, restrictions, or other legal provisions necessary to guarantee the full achievement of the plan. • Section 15 -112 Revised 2 -95 PC FORM NO. 2n (4-931 • City Council Agenda Item ty No. 8b g N • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S ecia� Z J• g g P Subject: City Council Consideration Item - Planning Commission Application No. 2000- 003 Date: March 22, 2000 On the March 27, 2000 City Council Agenda is Planning Commission Application No. 2000- 003 submitted by the Pan African Social Club requesting a Special Use Permit to operate a social club at 1910 57th Avenue North in Northbrook Shopping Center. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -003 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the • Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their March 16, 2000 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. 0 Application Filed on 3 -2 -00 City Council Action Should Be Taken by 5 -1 -00 (60 days) Planning Commission Information Sheet Application No. 2000 -003 Applicant: Pan African Social Club Location: 1910 57th Avenue North (Northbrook Shopping Center) Request: Special Use Permit The applicant, Mr. H. Kwaku Addy on behalf of the Pan African Social Club, is seeking a special use permit to operate a "social club" in a 3,300 sq. ft. tenant space in the most easterly building at the Northbrook Shopping Center (1910 57th Avenue North). The shopping center property is zoned C2 (commerce) and is bounded on the east by Logan Avenue North; on the southeast by Acme Typewriter; on the south by 57th Avenue North and the Bill West Service Station; and on the northwest by TH100. This proposed social club, as it has been described in this application, is considered to be a special use under the use category of "club rooms and lodges" (section 35 -322, subdivision 3j). The applicant has submitted a letter (copy attached) describing the proposed Pan African Social • club which is a non -profit organization established to provide services to African immigrants in this area that will assist in the understanding of cultural differences between Africans and Americans. The letter notes that the organization is to educate Africans and help them become self sufficient and understand the laws governing the State of Minnesota. The social club will provide a place where Africans can gather to educate one another and also socialize. The 3,300 sq. ft. would be divided into a 10 ft. x 13 ft. office space and two 15 ft. x 15 ft. classroom areas. The balance of the space would be what is described as a dinner hall which would be used for graduation programs, reunions, wedding receptions as well as dinners and banquets. The facility will be a members only facility, not open to the general public. It has been explained that a member of the organization has a food catering license and the serving of food will be handled through that license. The group is also seeking a "club" license to sell and serve beer and wine on the premises and will, have to qualify under Chapter 11 of the City Ordinances. The term "club" is defined in the liquor ordinance as . "any incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports or a congressionally chartered veterans organization." We believe the zoning classification of "club'rooms and lodges" fits the proposed uses. To some extent the use is an educational use, however, counseling and advice giving will be the actual • 3 -16 -00 Page 1 • services provided. The social room would fit the category of eating and drinking establishments. All of these uses are allowed in the C2 zoning district. Part of the Planning Commission recommendation should include a recommended finding that the applicants use meets the zoning classification for "club rooms and lodges ". The banquet/reception hall will require more parking than the typical retail parking formula. The Northbrook Shopping Center has surplus parking beyond the minimum required for a retail center. Furthermore, the ordinance allows up to 15% of a retail shopping centers gross floor area to be used for eating and drinking establishments without the need for additional parking. The Chuck Wagon Inn and Subway are located in the center but do not exceed 15% of the gross floor area. Therefore, no additional parking is necessary. As a special use, the proposal is required to meet the standards for special use permits contained in section 35 -220, subdivision 2 of the zoning ordinance (copy attached). The standards require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Mr. Addy has also submitted in writing how they believe their application meets the standards for special use permits. He notes . that their organization will follow the rules and regulations governing the City of Brooklyn Center and they will have a mature staff that respects the law and conducts business within the framework of the law. They believe they will not diminish and impair property values within the neighborhood because they will promote good values, educate their community, therefore, uplifting the spirit and values of the community. He notes that they will help build the community, not destroy it. He indicates that they are committed to use the property professionally and will improve the area by bringing more businesses to the community, doing their community training, etc. He further notes that their culture has taught them to conduct . themselves in a manner that is accepted by all societies. They will respect the laws and other businesses in the area and hope to bring development in the area by upholding the high standards it already possesses. They also note they will conform to the applicable regulations of the district in which they are located. We believe the standards for special use permits can be met given the information provided. It is also believed that the services offered can be considered a value to the community. A public hearing has been scheduled with respect to this special use permit application and notices have been sent to surrounding property owners. • 3 -16 -00 Page 2 - • RECOMMENDATION All in all we believe the application is in order and would recommend approval subject to the following conditions: 1. The Pan African Social Club is considered to be a use classification of "club rooms and lodges" under section 35 -322, subdivision 3j of the City's Zoning Ordinance. 2. The special use permit is granted for a social club providing educational, counseling and advisory services as well as social services such as facilities for dining, programs, reunions, wedding receptions, banquets and the like on a members only basis. The facility is not open to the general public. 3. Building plans for tenant remodeling and occupancy of this space are subject to the approval of the Building Official prior to the issuance of permits. 4. The serving of food is subject to health department regulations and licensure. 5. The serving of alcoholic beverages may be done only following the granting of an appropriate license by the City of Brooklyn Center. 6. The special use permit is subject to all applicable codes, ordinances and regulations • and any violation thereof shall be grounds for revocation. • 3 -16 -00 • Page 3 ---v . i 1 1 . - as I r — isa . - �I1 g r r _. R3 X co R RI °� 3 • w 1 '10111: F REE WAY BLVD 144.i •-_, ,,,---- 4 ..... 2 . uwt ro _ ' 647H YE N. i L 0 I Z BUD / C2 7 1 ati-=‘,- t m R 5 1- . : ,,:,.. ......, gri,...,_,/tr)._ _W U rr rr .r _• , rr �� . c NAU \ \\ .________. \----..... _ t�1 A 74-12 HERITAGE � � � 1 � • R7 coma Z d Mawr — .� Pa MIIIIM MI All a � :1A —� . .. MI vat 67447, i SERVICE p / " '� R r 2 - 1- ./.4 ...._:g _ c , I= _..... ___ i =A I [E I E - Planning Commission '� r Application No. 2000 -003 " = _ Z� I F UM rr r . t ill AVE N. — 5BTH :A. - x L N _ .� i .... V i i m _ �� ��0 1 • 411 1 77-- — r T 11 _.1 . v ----, _,_,01A,,,„, R= 2 I 11 4 , I I I A II 1 11,4= _....._-_,„z1_63 E A ETTH -VE. N. 4 111111 ' " ''..44 " - � --F SEA ■ ---� I R li l ._ - — -- F • \ ' + 4% ' S ,,�.' TH EVE N _--T -� I 1 — — -_ 5 5TH AlE.N � :_ iii I I 1 6 55 AJE N - __ . I I A V E I ' III _ = =__ = _ - - zz ` ,� _ ' = 1 • = sa ic -_-. M �l a - Zsb _ �iG Cell ► From: H. Kwaku Addy (1 J1 1b 03 -01 -00 S Pan African Social Club P. 0. Box 29482 Brooklyn Center, MN. 55249 To: Mr. Ronald A. Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN. 55430 -2199 Subject: Zoning Permit Dear Mr. Warren, Due to the large number of Africans living in the Brooklyn Center area, we have organized ourselves into a non - profit organization to help one another understand the cultural differences between Africans and Americans; especially in the twin cities areas. This organization is to educate Africans and help contribute to the American society. We • will help Africans become self sufficient and understand the laws governing the state of Minnesota. In order to reach our goals and make our dream a reality, we have decided to obtain a property to run a "social club" were Africans can gather to educate one another and socialize. The property we located is at the North Brook Plaza in Brooklyn Center, Minnesota. The property is 3300 square feet. We intent to have an office space, approximately 10'X13'; two class rooms, approximately 15'X15' and the rest of the area as a dinner hall. The office space will be used for counseling and other office work. The class rooms will be used for after school programs. The dinner hall area will be used for graduation programs, reunions, wedding receptions, dinners, and banquet. This facility will be a member -only facility. It will not be open to the general public. Please grant us the permission to use this property. It is easily assessable to our members. S I i _��� • C J - ' MR- 3 -00 FRI 17 :14 RED WING PLANT FAX NO. 6513855600 P.01 From: H. Kwaku Addy Pan African Social Club P. O. Box 29482 Minneapolis, MN. 55429 To: Mr. Ronald A. Warren City of Brooklyn Center Zoning Department Brooklyn Center, Minnesota 55430 Date: March 3, 2000 Subject: Special Use Permit Below listed is the answer to Standards for Special Use Permits: A. Pan African Social Club will not be detrimental to or endanger the public health, safety, moral or comfort of the general public because we will follow the rules and regulations governing the City of Brooklyn Center. We will have a mature staff that • respects the law and conduct business within the frame work of the law. B. The special use permit will not be injurious to the use and enjoyment of other property because we will operate within our boundary. We will certainly not diminish and impair property values within the neighborhood because we will promote good values, educate our community, therefore uplifting the spirit and values of the community. We will help build the community; not destroy it C. We will be committed to use the property professionally. We will not impede the normal and orderly development of surrounding property. We will improve the area by bring more businesses to the community, doing community training, etc. D. Our culture has taught us to conduct ourselves in a manner that is accepted by all societies. We will respect the laws and other businesses in the area. We hope to bring development in the area by upholding the high standards it already posses. E. We will conform to the applicable regulations of the district in which we are located. Signed: H. 1'fwa u Addy Section 35 -220 2. aardards for Special IJgg Permits • A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress and parking so designed as to minimize traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 3. Conditions and Restrictions • The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establi special u shment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and 411 to sec compliance with requirements specified in this ordinance. In all cases in which use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission • No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. S. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within • that time. • In any instance where an existing and established special use is abandoned for a period of . one year, the special use permit related thereto shall expire one year following the date of abandonment. 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 MARCH 16, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn, and Dianne Reem. Commissioner John Whitehead arrived at 8:10 p.m. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Sara Beck. APPROVAL OF MINUTES - JANUARY 27. 2000 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the minutes of the January 27, 2000 meeting as submitted. The motion passed. Commissioner Rahn abstained, as he was not at that 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 2P00 -042 - JAY SCHEFFLER AND ADOLPH & DORIS SMIETANA Chair Willson introduced Application No. 2000 -002 and advised the applicants, Jay Scheffler (5308 East Twin Lake Boulevard) and Adolph and Doris Smietana (5316 East Twin Lake Boulevard), are requesting a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat. The purpose of the division is to relocate the common property line between the two properties. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (See Planning Commission Information Sheet dated 03 -16 -00 for Application No. 2000- 002, attached.) He noted the properties in question are 5308 East Twin Lake Boulevard (Lot 10, Malcolm's Lakeview Addition) owned by Mr. Scheffler and 5316 East Twin Lake Boulevard (Lot 11, Malcolm's Lakeview Addition) owned by the Smietanas. They are zoned R -1 and are located on the east side of East Twin Lake Boulevard, just northerly of 53rd Avenue and are surrounded by other single - family residential properties. The intention is to divide off a triangular portion along the south side of the Smietana property, using a metes and bounds description, so that it can be conveyed and combined with the Scheffler property. Section 15 -104 of the city ordinances requires division of lands to be done through a formal plat or registered land survey unless the City Council, • by variance, allows otherwise. 03 -16 -00 1 Mr. Warren advised that the applicants have submitted a survey of the two properties showing the triangular shaped parcel to be conveyed. It is 14.5 ft. wide along the East Twin Lake Boulevard right of way and would be approximately 596 sq. ft. in area. The division would make the south property • line of the Smietana property (north property line of the Scheffler property) 82.24 ft. deep. The survey shows that the division would not create any setback encroachments nor would it create any lot deficiencies if approved. The loss of 596 sq. ft. from 5316 East Twin Lake Boulevard would leave it with a new lot area of 9,507 sq. ft. Minimum lot requirements in the R -1 zone for interior lots are 75 ft. in width and 9,500 sq. ft. in area. Currently, 5308 East Twin Lake Boulevard is deficient in area and, according to the information provided; the additional land would make it approximately 9,507 sq. ft. in area also. The transfer would make it a "conforming" lot. Both lots are deficient in minimum lot depth of 110 ft. 5308 East Twin Lake Boulevard has a lot depth of 102.2 ft. at the south property line and would be 82.24 ft. at the new northerly property line while 5316 East Twin Lake Boulevard has a lot depth of 80.36 ft. at the north property line. Mr. Warren explained that under the City's Subdivision Ordinance, divisions of land are to be performed by a plat or registered land survey unless the City Council, by variance, allows otherwise. Section 15 -112 of the Subdivision Ordinance authorizes the Council to grant variances from their regulations, when in their opinion, undue hardship may result from strict compliance. In making its findings, the City Council must take into consideration the nature of the proposed use of land, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable affect of the proposed subdivision upon traffic conditions in the vicinity. To grant a variance, the City Council must find: 1. That there are special circumstances or conditions affecting said property such that strict • application of the provisions of the ordinance would deprive the applicant of the reasonable use of his/her land. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. 3. That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. Mr. Warren noted that it is the applicant's contention that to require the formal platting process for this division is overly expensive, burdensome and unnecessary in that no new legal lots are being created with the division of land and that their is substantial precedent for granting similar variances. Mr. Warren stated staff concurs with the applicant's comments and, in this case, believe the standards for variance can be met. Also, there is much precedent for the granting of metes and bounds division variances in cases such as this. Such variances were quite common prior to 1978. Since that time, at least six such divisions have been approved through the variance process by the City Council. The variances that have been granted typically cite the right of the property owner to divide his/her property and the hardship of bearing full platting costs to divide the property by plat. Also, the division of land by metes and bounds has been allowed provided that: 1. No new buildable lots were created; 2. The underlying land is platted property; and 3. No lot or setback variances were implied and that all lot area requirements can be met. 03 -16 -00 2 A public hearing on this application, properly noticed, is scheduled at this meeting. Mr. Warren recommended approval of Application No. 2000 -002, subject to additional conditions • 1 -2 outlined in the staff report. Chair Willson called for questions /discussion from the Commissioners. Commissioner Erdmann questioned that since both lots are non - conforming in depth, would they both be buildable if a fire were to occur. Mr. Warren explained that the zoning ordinance considers substandard legal lots of record created before June, 1976 to be buildable lots provided they are at least 40 feet in width and 5,000 sq. ft. in area. Commissioner Newman questioned as to when the Smietana's driveway originated, and if it meets the city specifications since it is so close to the adjacent property. Mr. Warren explained that there are no city specifications regarding how close a driveway can be to an interior property line. PUBLIC HEARING - APPLICATION NO. 2000-002 There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public hearing on Application No. 2000 -002, at 7:48 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. Jay Scheffler, 5308 East Twin Lake Boulevard, explained that the driveway has been in existence since the home was built, he also stated that he bought the home in 1980. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -002. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to close the public hearing on Application 2000 -002 at 7:50 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2000-002 - JAY SCHEFFLER AND ADOLPH & DORIS SMIETANA There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2000 -002, submitted by Jay Scheffler (5308 East Twin Lake Boulevard) and Adolph and Doris Smietana (5316 East Twin Lake Boulevard), for a variance to allow a subdivision of land by metes and bounds description rather than by a formal plat with the • contingence that the standards for a variance and the policy for a metes and bounds description are met. The approval is also subject to the following conditions: 03 -16 -00 3 1. The legal descriptions and survey showing the division of Lot 11, Malcolm's Lakeview Addition shall be filed with Hennepin County. 2. Once new legal descriptions have been established, the City Assessor is authorized to 1 0 allow the combination to Lot 10, Malcolm's Lakeview Addition for tax purposes. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, and Reem. The motion passed unanimously. The Council will consider the recommendation at its March 27, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. APPLICATION NO. 2000 -003 - PAN AFRICAN SOCIAL CLUB Chair Willson introduced Application No. 2000 -003 submitted by Mr. H. Kwaku Addy on behalf of the Pan African Social Club, which is a request for a special use permit to operate a "social club" in a 3,300 sq. ft. tenant space in the most easterly building at the Northbrook Shopping Center (1910 57th Avenue North). Mr. Warren presented the staff report using overhead transparencies to describe the location of the property. (See Planning Commission Information Sheet dated 03 -16 -00 for Application No. 2000- 003, attached.) He advised the shopping center property is zoned C2 (commerce) and is bounded on the east by Logan Avenue North; on the southeast by Acme Typewriter; on the south by 57th Avenue North and the Bill West Service Station; and on the northwest by TH100. This proposed • social club, as it has been described in this application, is considered to be a special use under the use category of "club rooms and lodges" (section 35 -322, subdivision 3j). Mr. Warren reviewed the letter form the applicant describing the proposed Pan African Social Club, which is a non -profit organization, established to provide services to African immigrants in this area that will assist in the understanding of cultural differences between Africans and Americans. The letter notes that the organization is to educate Africans and help them become self - sufficient and g p understand the laws governing the State of Minnesota. The social club will provide a place where Africans can gather to educate one another and also socialize. The 3,300 sq. ft. would be divided into a 10 ft. x 13 ft. office space and two 15 ft. x 15 ft. classroom areas. The balance of the space would be what is described as a dinner hall, which would be used for graduation programs, reunions, wedding receptions as well as dinners and banquets. The facility will be a members only facility, not open to the general public. It has been explained that a member of the organization has a food - catering license and the serving of food will be handled through that license. The group is also seeking a "club" license to sell and serve beer and wine on the premises and will have to qualify under Chapter 11 of the City Ordinances. The term "club" is defined in the liquor ordinance as "any incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports or a congressionally chartered veterans organization." • 03 -16 -00 4 L Mr. Warren stated that staff believes the zoning classification of "club rooms and lodges" fits the proposed uses. To some extent the use is an educational use, however, counseling and advice giving will be the actual services provided. The social room would fit the category of eating and drinking • establishments. All of these uses are allowed in the C2 zoning district. Part of the Planning Commission recommendation should include a recommended finding that the applicant's use meets the zoning classification for "club rooms and lodges ". The banquet/reception hall will require more parking than the typical retail parking formula. The Northbrook Shopping Center has surplus parking beyond the minimum required for a retail center. Furthermore, the ordinance allows up to 15% of a retail shopping center's gross floor area to be used for eating and drinking establishments without the need for additional parking. The Chuck Wagon Inn and Subway are located in the center but do not exceed 15% of the gross floor area. Therefore, no additional parking is necessary. As a special use, the proposal is required to meet the standards for special use permits contained in section 35 -220, subdivision 2 of the zoning ordinance. The standards require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located. Mr. Addy has also submitted in writing how they believe their application meets the standards for special use permits. He notes that their organization will follow the rules and regulations governing the City of Brooklyn Center and they will have a mature staff that respects the • law and conducts business within the framework of the law. They believe they will not diminish and impair property values within the neighborhood because they will promote good values, educate their community, therefore, uplifting the spirit and values of the community. He notes that they will help build the community, not destroy it. He indicates that they are committed to use the property professionally and will improve the area by bringing more businesses to the community, doing their community training, etc. He further notes that their culture has taught them to conduct themselves in a manner that is accepted by all societies. They will respect the laws and other businesses in the area and hope to bring development in the area by upholding the high standards it already possesses. They also note they will conform to the applicable regulations of the district in which they are located. Mr. Warren recommended approval of Application No. 2000 -003, subject to additional conditions 1 -6 outlined in the staff report. A public hearing on this application, properly noticed, is scheduled at this meeting. Chair Willson called for questions /discussion from the Commissioners. Commissioner Newman questioned as to how much available space is in the Northbrook Shopping Center currently, and if there is room for expansion if the Pan African Social Club so desires. S Mr. Warren stated that there is space available in the shopping center, and therefore there would be room for expansion if the club chooses. 03 -16 -00 5 Commissioner Boeck questioned a statement in the staff report which read as follows: Part of the Planning Commission recommendation should include a recommended finding that the applicants use meets the zoning classification for "club rooms and lodges ". He questioned if this statement pertained to item #1 in the proposed motion. Mr. Warren clarified that the statement Commissioner Boeck read does in fact pertain to item #1 in the proposed motion. Commissioner Rahn questioned if there are other properties or businesses in the area that require members only. Mr. Warren explained that other properties or businesses such as churches, health clubs, and legions may require members only. Commissioner Reem questioned the large available space and what purpose it will serve. She mentioned that tenant space is 3300 square feet which will be divided into a 10' x 13' office space, two 15' x 15' classrooms, and the remaining space will serve as a dining hall. She questioned if the dining hall will be open to the general public since it is such a large space. Mr. Warren a be open to the general public. w s unsure as to whether or not the dining hall would p g p However, he did state that alcoholic beverages will be served at club meetings and the food license will be needed for club gatherings. Mr. Warren explained that the type of liquor license being requested is different than what a restaurant would require, and therefore that is why they are seeking a club license. Commissioner Reem questioned as to how often the events will occur, and what constitutes a membership. Mr. Warren clarified the purpose for the social club and how they plan to service the community, and as such fits the classification of club or lodge. Commissioner Whitehead arrived at 8:10 p.m. Commissioner Boeck questioned what events and activities the Pan African Social Club will offer where a social club permit would be necessary. Mr. Warren stated the use would be much like that of an American Legion, VFW, or fraternal group and would require a membership to be involved in the club's activities. Chair Willson questioned if the state will require the same guidelines and regulations as they would for any restaurant requesting a license. Mr. Warren stated that Hennepin County would be doing the food licensing and explained they do have certain guidelines and regulations they will be required to follow. • Commissioner Reem questioned what the hours of the club will be for weekdays and weekends. 03 -16 -00 6 Mr. Warren stated he was unsure of the exact hours, however believes that since they are requesting a liquor license they will need to follow state regulations regarding hours. • Commissioner Rahn questioned as to how many establishments in the Northbrook Shopping Center already hold a liquor license. Mr. Warren stated the Chuck Wagon Inn is a restaurant that has a beer and wine license. PUBLIC HEARING - APPLICATION NO. 2000-003 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to open the public hearing on Application No. 2000 -003, at 8:19 p.m.. The motion passed unanimously. Chair Willson called for comments from the public. Henry Kwaku Addy, 11356 Rosemill Lane, stated that the Pan African Social Club is a professional group and has more than 500 members. Commissioner Boeck questioned as to what purpose they will have for the large amount of excess space available in the dining area. Mr. Addy explained that they are unsure as to how many members will become involved in the social club, however they hope to educate as many members as possible about American culture. Commissioner Boeck questioned if there will be a professional staff employed with the social club, • and will the club allow non - members of the professional group to become members. Mr. Addy stated that in order to become a member of the social club, it will be necessary to be a member of the professional group first. Commissioner Whitehead questioned if guests will be welcome at the club. Mr. Addy stated that for special events such as weddings, reunions, and graduation programs guests will be welcome if accompanied by a member. Commissioner Whitehead questioned if liquor will be available to guests at events such as weddings, reunions, and graduations. Mr. Addy explained that liquor will be available to guests, however the member of the accompanied guest will need to purchase the beverage for the guest. Commissioner Reem questioned Mr. Addy on what the hours will be for the social club. Mr. Addy stated that the staff or employees of the club will be available from 8:00 a.m. to 5:00 p.m. weekdays, and the entertainment portion of the club will follow state regulations for hours. • Commissioner Reem questioned the applicant as to what constitutes a member of the Pan African Social Club. 03 -16 -00 7 Mr. Addy explained that a member must be of Pan African decent. He further mentioned that they counsel and educate members on American language and culture, since many of them have come to America and are unsure on how to communicate with Americans. • Commissioner Newman uestioned if the club membership would include many different countries q P Y in Africa. Mr. Addy stated that the club would include members from many countries throughout Africa. He explained that one objective of the club is to educate young children about their own nationality as well. Commissioner Rahn questioned if this club is to be a regional site and/or will there be other locations throughout the Twin Cities and surrounding areas. Mr. Addy stated that since this is the beginning they are unsure as to how successful the club will be, however if it is a success they hope to grow and serve an even larger community. Commissioner Whitehead questioned if there is an age requirement in order to be eligible for membership, and will school buses be using the club as a drop -off site for young children. Mr. Addy explained that at this time the club will not be a drop off site for children, the only time children will be present is if the parents /guardian bring their child to the club. Commissioner Reem questioned if the liquor license were not granted to the social club would they • continue to pursue the request for a social club. Mr. Addy stated that the liquor sales will be a small portion of the clubs services, and therefore they would continue to operate the other aspects of the social club if they did not receive the license to have liquor. No other persons from the public appeared before the Commission during the public hearing on Application No. 2000 -003. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application 2000 -003 at 8:36 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2000-003 - PAN AFRICAN SOCIAL CLUB There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2000 -003, submitted by Mr. H. Kwaku Addy on behalf of the Pan African Social Club, for a special use permit to operate a "social club" in a 3,300 sq. ft. tenant space in the most easterly building at the Northbrook Shopping Center (1910 57th Avenue North), subject to the following conditions: 03 -16 -00 8 1. The Pan African Social Club as presented herein meets the use classification of "club rooms and lodges" under section 35 -322, subdivision 3j of the City's Zoning Ordinance. 2. The special use permit is granted for a social club providing educational, counseling and advisory services as well as social services such as facilities for dining, programs, reunions, wedding receptions, banquets and the like on a members only basis. The facility is not open to the general public. 3. Building plans for tenant remodeling and occupancy of this space are subject to the approval of the Building Official prior to the issuance of permits. 4. The serving of food is subject to health department regulations and licensure. 5. The serving of alcoholic beverages may be done only following the granting of an appropriate license by the City of Brooklyn Center. 6. The special use permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its March 27, 2000 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 A. 5650 North Lilac Drive - Accessory Building Mr. Warren advised the Planning Commission of the Accessory Building at 5650 North Lilac Drive. He mentioned that the city staff authorized the issue of a permit for the building without having to go through the site and building plan process. The reason for this being that the building is only 60 square feet, which is an extremely small building. Mr. Warren wanted to bring the request to the Planning Commission's attention so they were aware of the permit request. B. Brookdale Mr. Warren advised of the modification to the Brookdale Mall construction plans. He stated that the 2nd story addition will not be added and therefore there will not be a theater on the 2d floor. Mr. Warren questioned the Planning Commission if it is necessary for the change to come back to the Planning Commission Board for revisions or could it be handled administratively. Chair Willson thanked Mr. Warren for bringing the modification to his attention, but stated he did g g not believe it would be necessary for the Planning Commission Board to get involved. • 03 -16 -00 9 ACTION TO RECOMMEND APPROVAL OF THE BROOKDALE MALL CONSTRUCTION MODIFICATIONS There was a motion by Commissioner Boeck, seconded by Commissioner Whitehead, to recommend approval of the modifications at the Brookdale Mall with omitting the 2 story addition without a formal amendment to the Planned Unit Development. The motion passed unanimously. Commissioner Boeck will be absent at March 30, 2000 Planning Commission meeting and will be excused. 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 8:50 p.m. Recorded and transcribed by: Sara Beck TimeSaver Off Site Secretarial, Inc. • • 03 -16 -00 10 City Council Agenda Item No. 9a City of Brooklyn.Center A great place to start. A great place to stay. • MEMORANDUM DATE: March 13, 2000 TO: Michael J. McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services' SUBJECT: Resolution Expressing Appreciation for the Gift of the Brooklyn Center Lio Club in Support of the Year 2000 Celebration Activities The Brooklyn Center Lions Club has presented to the City a donation of three thousand, five hundred dollars ($3,500) and have designated that it be used for Year 2000 Celebration activities. Staff recommends acceptance of the donation and asks that it be coded to the City Initiatives Grant Fund. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE YEAR 2000 CELEBRATION ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of three thousand, five hundred dollars ($3,500) and has designated that it be used for Year 2000 Celebration activities; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: • 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the City Initiatives Grant Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9b • • MEMORANDUM DATE: March 20, 2000 TO: Michael J. McCauley, City Manager Diane Spector, Director of Public Works FROM: Michael Krech, Public Works Specialist SUBJECT: 2000 Chemical Toilet Contract I have received responses to a RFP that I sent to four portable toilet companies. (Biffs, Inc; On Site Sanitation; Action Portable Services; and Sanitation Stations) This contract is renewed yearly on April 1st. Copies of proposals from On Site Sanitation and Biffs, Inc. are attached for your review. Sanitation Stations and Action Portable Services did not submit a bid. A summary of the bid proposals is also attached. I recommend that the city enter into agreement with On Site Sanitation for chemical toilet services. • Approved: Date: 2000 Summary of Proposal for Chemical Toilets Contract • For services contracted from April 1, 2000 to March 31, 2001 3 SG Skid unit chemical toilet rented for 1 or more months, serviced once weekly. 16 $59.00 $58.50 $944.00 $936.00 Skid unit chemical toilet rented for 1 or more months, serviced twice weekly. 3 $108.00 $113.00 $324.00 $339.00 Handicap accessible skid unit chemical toilet rented for 1 or more months, serviced once weekly. 1 $150.00 $214.00 $150.00 $214.00 Handicap accessible skid unit chemical toilet rented for 1 or more months, serviced twice weekly. 6 $225.00 $288.00 $1,350.00 $1,728.00 • Monthly Total $2,768.00 $3,217.00 Skid unit chemical toilet - rented for less than 1 week, serviced daily. 8 $50.00 $58.50 $400.00 $468.00 Handicap accessible skid unit chemical toilet rented for less than 1 week, serviced daily. 2 $150.00 $214.00 $300.00 $428.00 Portable sink rented for lees than 1 week, serviced daily. 4 $50.00 $58.50 $200.00 $234.00 Special Event Total $900.00 $1,130.00 Seasonal Total based on 6 months $17,508.00 $20,432.00 * Prices shown for units rented less than one week serviced daily include the initial clean. • Additional cleans are $20 each on weekdays and $30 each on weekends. • Request For Proposals and CONTRACT March 7, 2000 Chemical Toilets The City of Brooklyn Center is seeking to retain the services of a qualified and experienced contractor to provide chemical toilets for city locations and special events. This document provides information to prospective proposers. Proposals must be received by Monday, March 20, 2000, at 1:00 p.m., addressed to: Michael Krech, Public Works Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 After proposals are reviewed, interviews with up to two proposers may, at the City's discretion, be arranged. Proposals will be reviewed and a contractor selected on the basis of both cost and experience with similar municipalities. It is anticipated a contract will be awarded to begin April 1, 2000. Contract Period The contract period will run April 1, 2000 through March 31, 2001. All quantities or services ordered prior to the contact end date will be considered canceled as of that date. Bid Criteria Bids must be priced, signed and returned (with necessary attachments) to the Public Works Department prior to the date and time specified above. Base bid shall include rental charges, pick up and delivery per unit, insurance per unit, cleaning as per specs per unit and total bid per unit, per month. Quantities Quantities indicated on the attached bid proposal form are twelve (12) month estimates based upon the best information available at the time these specifications were prepared. Budgeting considerations and other factors may increase or decrease these quantities. The city reserves the right to place orders for any quantity necessary to meet their needs. Locations The contractor will deliver, service and pickup from any site as determined by the city within its boundaries. The city will provide schedules on seasonally placed units to help facilitate the contractor's planning. The contractor will maintain an adequate inventory of additional units to service the city's various special event needs. The cost of delivery, servicing and pick up of special event units, may be no higher than the lowest per unit monthly cost on any rental unit service listed on the proposal. • Contractor Q ualifications To ensure continuity of service and expeditious response to service needs, the city may elect to disqualify a bidder if: 1. The contractor has not been in the portable rest room business at least two years; 2. or the contractor's business is located outside a 50 mile radius of the city limits. In addition, each contractor is requested to provide a list of their major equipment and assets available to service the city. This list should include the number of: 1. Skid Toilets 2. Handicapped toilets with ramps 3. Hand wash stations 4. Service vehicles and number of service employees Each contractor is also asked to provide a list of municipalities they currently service along with contact names and telephone numbers the city may use for reference purposes. Service Standards 1. Service of the units will be performed by professionally trained, bonded and uniformed employees using modern, clean tank trucks with watertight valves, joints and pipe connections that prevent leakage onto city streets or park locations. 2. Each unit will be serviced at least once per week, included in the proposal price, or as required by the city. 3. If the unit is not accessible for pumping because of snow or other obstacles, the unit will be serviced nonetheless, except for the pumping which will be rescheduled. 4. Each unit will be recharged weekly with fresh germicide of at least five (5) gallons which contains antifreeze to prevent freezing to minus 30 degrees F, and sufficient potency to eliminate and control odors to a temperature of 100 degrees F. 5. Each unit will be thoroughly cleaned, scrubbed, and disinfected using uniform techniques with quality control provided by the contractor. 6. Contents of units will be disposed in accordance with approved methods and procedures designated by. the State Department of Health and will be the sole responsibility of the contractor. Special Service In a letter attached to the bid proposal, the bidder may quote a price for Special Service required beyond that called for in the specifications. Charges for Special Service will be allowed when the contractor is requested to provide service as a result of heavy usage. Vandalism to the unit and tipping of a unit will be considered Special Service, and will be billed in accordance with the schedule of charges included in the contractor's Special Service narrative. When vandalism or tip overs occur, the city will notify the contractor of the problem and location. The contractor will guarantee that all necessary repairs and cleaning will be completed within eight (8) normal working hours (7:30 a.m. to 4:30 p.m, 7 days per week) after notification from the city. If this • service is not completed within the eight hour response time, the contractor will perform the services free of charge. • If continued vandalism or tipping occurs, the contractor will be responsible for removing the unit upon request of the city. Note: At any time, should the above specifications and/or standards not be adhered to by the contractor, the city reserves the right to terminate the existing contract and award it to the next lowest bidder. In the event the contract is canceled, the contractor has three (3) working days to remove all units from city property. Evaluation Criteria The Selection Committee will determine and recommend the most qualified contractor by applying the following criteria: 1. Contractor qualifications and experience in providing chemical toilet facilities to municipalities of similar size and needs; 2. Approach to cleaning and service needs; and 3. Cost. Submission of Proposals Proposals for professional services should be submitted to: • Michael Krech, Public Works Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 All proposals must be received by 1:00 p.m. on Friday, March 20, 2000. Proposals received after the deadline will be returned unopened Company Representative N KJ a2t Srza Signed • Dated 3// ai /00 2000 Proposal for Chemical Toilets Contract For services contracted from April 1, 2000 to March 31, 2001 To be Opened Monday, March 20, 2000 at 1:00 Proposal of c J 3t rC, SP N ITA r7D1/4) Address 95 1jcnr L-41.1 ¢P1/ City, State, Zip Sr" P./4 L 4._ /h.,&J O5 i 1 i Phone bv5 I — -- . `1$ I Fax !05 1 `4840 - 6o�oO acv �.,, ,t��`,.; `• •:;.:,,r:w•:. ,,aa;> �..�•�t: v :2,;;:�.,, ,,;:� a . .�•.��.,,: .: �c �:�3•�.< >.:�.,: . :gas"::: ?n' ~`••�::w:., ,a..,,,,,w::w >• #:.::. ;a �i��;,`t#v+staa. > °w'C` `':v::`w`\;•`.��,:•:2' a , ..�,�,:,• ,.•., '''•`•+.ti'Q..�`''`''~�.. ...*:�;�"s::'.M• �#a '.�\`'t�µ'z..�C,' . ``.`k2?::. :2:: "�•``.�`.`. �ti >: •,v >~ '�a:`::. ?#•;..t{;:,,:.0 K:: ... <•:.: .:�•r.• �• :•.,�,, ...,,::: • >..c:•, >. +ti..,.; `vn4`•. +��N���•' .�:.•�.a'v�.vvyi"�`v:}/'a.: i��•�.ta�kv "'w.•v.�v'vx•`fiv anti% }i�Gx�S:k:�•.. �::v }x,iG'.,�a:.''�"u~�...:vw. vxa rJ.`w•M1`•.•..'�.•.'. x'v. '. �?C•:•:•i?':M1 ~• vvv`v'}.+4�''v ~n vtiv.L`rv`:kva~Wt.•'^�i!: ^S.. •��ii win •`.::avaa`v�`,ai Skid unit chemical toilet rented for 1 or more months, c serviced once weekly. 16 59 - 0 0 94-14. co Skid unit chemical toilet rented for 1 or more months, serviced twice weekly. 3 t Di? • 00 32_4 . co Handicap accessible skid unit chemical toilet rented for 1 or more months, serviced once weekly. 1 15o. co 1S0. 00 • Handicap accessible skid unit chemical toilet rented for 1 or more months, serviced twice weekly. 6 12.5. Co I + 350. co Monthly Total Z :7402'. CO Skid unit chemical toilet rented for less than 1 week, L' serviced daily. 8 5o. co �7b0'0b Handicap accessible skid unit chemical toilet rented for less than 1 week, serviced daily. 2 I SD - 60 Bco. o 0 Portable sink rented for lees than 1 week, serviced daily. 4 '50 _ 00 ZOO. bb Company Representative 1 4 Yvi) 1 r`P` rnA 1 Sine Dated 34/ )0e 9 3 ` Inc. Potectiee Rea roo icd { Ratted & Service March 13, 2000 The purpose of this letter is to assist you in making an informed decision that is in the best interests of the community by choosing to go with Biffs, Inc. for your portable restroom service needs. Our mission over the ast fourteen years has been to first, grow and survive as a small business. Secondly, in p Y � 9 Y� trying to accomplish the first thing, we discovered that the only way to survive was to provide our services so rY 9 P 9� Y Y P well that people would just keep coming back year after year. In our 14 years in the portable sanitation industry, we have seen many companies come and go. The ones that are gone are the ones that do not know what it costs to run a professional restroom service company. Their focus is to have their restroom units on the street at whatever cost. Most new entries came from the equipment rental business or from the septic tank service and installation industry. Unfortunately, these new entries have no idea of the relentless nature of a portable restroom service business. We believe that it is important to know and understand that we are more than just "pumpers." All of us at Biffs, Inc. recognize that with every service we perform, on each restroom we service each day, we do so because it is our mission to serve the customer. We know and believe that our people are special and the things we do are special. We believe strongly that after every service we perform we would let anyone in our family use that restroom. In addition, what we do every day protects the health, welfare, and dignity of every person who finds themselves having a need for portable temporary field sanitation. There can be no short cuts. We also believe that nothing ever improves unless it is monitored, measured and reported. We do not just 0 ssume that the work gets done by our team members. We know when our work is getting done and done roperly. We have a full -time Quality Assurance Coordinator in the field who performs quality checks on at least 24 -30 units per day! We also make use of our own Website and Global Positioning System (GPS) which keeps us in touch with each driver at all times. The following are some additional aspects which Biffs, Inc. has to offer as a portable restroom service provider: 1. 24 hour on -call management and service every day of the year. 2. 65 employees 3. 41 trucks 4. Over 5,000 restrooms 5. Performed over 200,000 services in 1999 6. Over 35 PSAI Certified professional sanitation workers 7. 14 years of experience in this industry 8. Response time for emergency cleans of .5 -4.0 hours 9. 3 full -time certified mechanics to ensure safe trucks 10. Cell phones and radio in each truck to assist in better communication In summary, we hope that you will select Biffs, Inc. as your portable restroom service provider. We believe that prices for our level of service are at the lowest level you can be at and do it the way it should be done. Thank you for your ideration, Jennifer M. Hayden ales and Customer a ice Represe tative .4e414 &weed &O d 8610 Hansen Ave., Shakopee, MN 55379 612.403.1221 fax 403.1220 800.642.3246 Unit Service Procedures E411 TIME A PORTABLE RESTROOM IS SERVICED The following procedures will be performed in order: 1. Sign and date the "service log sticker" in each unit. If there is no sticker- you MUST add one. 2. Replace and replenish appropriate amount of toilet tissue to last until the next servicing. 3. Replace Hand Sanitizer bladder pack if needed and check that it operates properly. Wear gloves for next steps 4 -18: . 4. Pump waste from the tank. 5. Remove rocks, ice and other debris from the tank. 6. Add fresh water and chemical solution to the tank: Light- medium use units: 5 -6 gallons Heavy use units: 7 -10 gallons Special Events: 7 -10 gallons 7. De -scale urinal with oven cleaner often. • 8. . Scrub urinal inside and out. 9. Wipe off ledges above screens and door. 10. Remove graffiti with oven cleaner / graffiti remover. 11. Scrape, Clean and scrub all surfaces (except floor) with the appropriate scraper, brush, chemical solution. 12. Towel dry al l surfaces. Do NOT use vour towel on the floor . ry Check screens, urinal hose, seat, door handle, lock, etc. Complete repairs or replace what is needed. • 14. Scrape, Clean and Scrub floor of mud, ice and other debris. Remove liquid with squeegee. 15. Spray with fragrance as needed. 16. Confirm unit is in the proper place and is level. 17. Check and/or replace Biffs' Logos on all four sides. . 18. Dispose of all debris you have removed from the unit in your waste container. NO debris is to be left on the site. - Communicating and Reporting (Paperwork) 19. Date card, note usage, add appropriate comments, and sign off on route card. For a Completely Blocked Unit complete items 20 -24 below. For a Partially Blocked Unit complete service items 1 -3 and 7 -18 above (No Pump' procedure) and: 20.. Provide adequate information on "yellow missed service tag." 21. Tag the gate or the office trailer (or the unit if that is all that is there). 22. Contact Job Superintendent, explain how the unit is inaccessible, and that you have completed everything except pumping and replacing chemical. 23. If you are unable to speak with the superintendent, Call in to the office for assistance so someone can call the 0 superintendent or company, to notify them of our attempt to complete service. Complete Service Change Form. . Also complete a Service Change Form for: Tipover Units, Units for Additional Repairs, or Replacement of Unit Why Use e flifin M. • QUALITY SERVICE BENEFITS YOU! Compliance, Certification, Licensing: BENEFITS: Compliance with Minnesota Pollution Control (MPCA) Sewage Treatment System's Registration Knowledge that our company- Registration #3790 Compliance with State & Federal Sets the highest of standards for health, Department of Transportation safety and environmental preservation by (DOT) Regulations meeting and exceeding all State and for Driver's physicals, regular drug Federal Regulations testing, commercial driver's licensing and truck maintenance Health & Safety Sanitation Workers Knowledge that our drivers - Tested and Certified by the Portable Sanitation Association International Meet the highest of safety & performance (PSAI) standards and are tested regularly Quality Assurance Checks: BENEFITS: • Supervision of Performance Guaranteed service you can monitor All routes are checked regularly Service Logs The quality of our service never goes We sign and date every unit with unmeasured, ensuring you receive the each cleaning service you are paying for Equipment & Availability: BENEFITS: Specialty equipment for construction The most complete line of equipment and events of all sizes options available Over 40 radio equipped trucks No matter when you need us - service is only hours away Three locations in metro area Scheduled Team Members Our phones answered 24 hours always on call Locally Owned & Operated: BENEFITS: We have been in the service business You are treated special by highly our entire careers experienced and dedicated customer • service people • YOU WILL EXPERIENCE A DIFFERENCE!!! Call us at 612.403.1221 800.642.3246 I • • 2000 Proposal for Chemical Toilets Contract For services contracted from April 1, 2000 to March 31, 2001 • To be Opened Monday, March 20, 2000 at 1:00 Proposal of 6 i nt✓ < Address ' 10 J Ja ti$ afire. City, State, Zip i ��✓ 55379 Phone 9 5 2 \ 1/4U J' Fax al 5 ` L /0 3 — I o�o2d :i :4: • }: fiv }:• }:• } +:vr•: {: {:.v:.} +i }'n;. }y:.;:::....vv: v., +..: • +} ::...x ..:a,.w.{:•:::.v:.v:.; :.}•. }.:y::.}:S- :::.,.•:.:v.: .{w:.v...4:.....:.......:.+.. .. ..::,.:..v. •.+ w::: { }:}vv:.x :: :..•.: »:::4;:: ::::: n :v;: ..v.. n.nv...: : . :....... ......... . • ^. }. ? +,} ::,.. vv } +..... .. .... ......... %. :7.. . +, r. £:.: : vi,:: v. aw. ay. ::t:::.v.....::.w:.w::::..•:::: ,.:.: .:...••:..:.::. :.. r.v.:, ....rr.,.....r.... : ::.,•.t... } {.:; } :, .: }::: :... :} : •:::. t :; {: {n..•.v:.;+:••,.yw:.- v,.y.} .. . :vv ?.:L :yy,. }n•• :Yv. v::v ..:vn :•.vrv.:•.::x•. Skid unit chemical toilet rented for 1 or more months, 58'. � O � � <�� serviced once weekly. 16 -I Skid unit chemical toilet rented for 1 or more months, ( � f O O 339.00 serviced twice weekly. 3 Handicap accessible skid unit chemical toilet rented for 1 or more months, serviced once weekly. 1 a iLI <00 411,andicap accessible skid • unit chemical toilet rented for 1 or more months, serviced aO 00 1 l � 8^ O D twice weekly. 6 o V • Monthly Total D.1-7.00 • Skid unit chemical toilet rented for less than 1 week, p► n c . t S serviced daily. 8 6 j p •55u ; ni) i a� ct ctv) L(112, . 00 Handicap accessible skid unit chemical toilet rented for less ff '' � rct v�d3S rr� p �l than 1 week, serviced daily. 2 ,.1"1.0 0 i n. +t' . c c.z. ) `''I 1 -• 00 Portable sink rented for lees G �l 0 0 than 1 week, serviced daily. 4 5 0 • 60 d � sp ec&c41 C czr\s : w e e.kac = $ zo . O c t , / w-te.,1c e.rd = $ 30.00 ta-c 1. Company Representative J- (AVAA Yk1 1— Vex.OGQ.Q • r - Signe , it ( Dated � f 5/C0 • City Council Agenda Item No. 9c 7 11 Office of the City Clerk City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: March 17, 2000 SUBJECT: Hennepin County /City of Brooklyn Center Lease Agreement for Election Equipment In 1986, the City of Brooklyn Center, along with several other Hennepin County cities, purchased Optech IIIP optical scan election equipment. Since 1996 several Hennepin County cities have had significant problems with the election equipment due to its age and advances in technology. In early 1997, a City /County task force was formed to research options to replace the election equipment and consider the benefits of a countywide replacement and upgrade for the 1998 elections; however, there were numerous roadblocks which prohibited the task force from meeting its deadline for the 1998 elections. Following the 1998 elections, the task force increased its efforts to research and test election equipment for use in the 2000 elections due to the fact that the current Optech IIIP election equipment was not Y2k compliant and could • not be modified to be used in 2000 elections. The City /County task force tested several models during 1999 and made its recommendation to select the Model 100 from Election Systems & Software, Inc. The Hennepin County Board of Commissioners issued bonds to successfully facilitate the replacement of old voting equipment. With the County purchasing the equipment, there are no budgetary constraints on the City and it enables the County to continue countywide uniformity of voting equipment and countywide no- cost election programming services. The Hennepin County Board of Commissioners, in Resolution No. 99- 6 -426, authorized the purchase of election equipment for a countywide optical scan voting system, election hardware, and services through the State of Minnesota Cooperative Purchasing Agreement. The County, pursuant to Minn. Stat. § 383B.145.subd. 9, may transfer property to the City for it use, and the County desires to lease new election equipment to the City for use in all City elections. An agreement has been drafted which outlines the terms and conditions of the lease. Section 5.12 of the lease agreement has two options, a and b; the City would choose option b — convey to the County Optech IIIP precinct count units equal in numbers to the number of Model 100 precinct count units delivered to the City. City Attorney Charlie LeFevere has reviewed the lease agreement and his comments are attached. Finance Director Charlie Hansen is checking with LMCIT (League of Minnesota Cities Insurance Trust) to assure that the City is covered for our obligations under Sections 3.1 and 5.6. A resolution authorizing execution of the lease agreement is attached for City Council approval. Attachments • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer haronCnutson Pa. age 1 Sharon, I have reviewed the proposed Hennepin County lease agreement for election equipment. I found several parts of the agreement to be confusing or unclear. However, after hearing more about the background of discussions with the County, some of the issues were resolved. If we were dealing with a party other than the County, or if we were reviewing an early draft of the agreement for suggested changes, I would recommend some changes or clarifications. However, because the agreement has gone out for execution by all Hennepin County cities, I would not expect the County to be very receptive to suggested changes. Generally , the contract in its current form does not cause me significant concerns, and I see nothing illegal in the agreement. I would recommend that a copy of the agreement be sent to the LMCIT to assure that we are covered for our obligations under sections 3.1 and 5.6. Please let me know if you have any further questions. Charlie S • Hennepin County • An Equal Opportunity Employer March 15, 2000 City Clerk City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 Dear City Clerk: Enclosed please find the Lease Agreement between your city and Hennepin County for the new election equipment. Please have the agreement routed to the proper authority for approval and return the signed original to our office no later than Wednesday, April 12, 2000. • Once we have received the approved agreement from you, the process of delivery of new equipment and retrieval of the old Optech IIIP precinct counters will begin. ES &S will be contacting you to establish a convenient date and time. If you have any questions, feel free to call me at (612)348 -5103. Thank you, ,0/J arge hristianson, Manager Elections Division MC:mdd enclosure • Taxpayer Services Department A -600 Hennepin County Government Center Recycled Paper Minneapolis, Minnesota 55487 -0060 1 1 1 Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99 -6 -426 authorized the purchase of election equipment for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145. Subd. 9 may transfer property to the City for its use; and WHEREAS, the County desires to lease new election equipment to the City and the City desires to lease new election equipment from the County for its use in all City elections; and WHEREAS, attached hereto and incorporated herein by reference as Exhibit A is a lease agreement between Hennepin County and City of Brooklyn Center for election equipment; and • WHEREAS, the terms and conditions set forth in Exhibit A are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to execute lease agreement between the County of Hennepin and the City of Brooklyn Center for election equipment. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member I and upon vote being taken thereon, the following voted in favor thereof: III and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. Exhibit A • Agreement No. A07910 HENNEPIN COUNTY /CITY OF BROOKLYN CENTER LEASE AGREEMENT THIS AGREEMENT, made by and between the COUNTY OF HENNEPIN and the CITY OF BROOKLYN CENTER, both political subdivisions of the State of Minnesota, hereinafter referred to as the "County" and the "City" respectively. For purposes of this Agreement, the address of the County is A2300 Government Center, Minneapolis, Minnesota 55487 and the address of the City is 6301 Shingle Creek Pkwy, Brooklyn Center, Minnesota 55430. WITNESSETH WHEREAS, the Hennepin County Board of Commissioners in Resolution Number 99 -6- 426 authorized the purchase of election equipment (hereinafter "Election Equipment ") for a countywide optical scan voting system, election hardware and services through the State of Minnesota Cooperative Purchasing Agreement; and WHEREAS, the County pursuant to Minn. Stat. § 383B.145, Subd. 9 may transfer • property to the City for its use; and WHEREAS, the County desires to lease new Election Equipment to the City for use in all City elections. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County and the City agree as follows: Section 1 SCOPE OF AGREEMENT 1.1 The County hereby leases to the City at the cost identified below and subject to the terms and conditions of this Agreement, and the City hereby agrees to lease from the County Election Equipment identified as: one (1) Model 100 Optical Scan Precinct Count Unit (including two (2) PCMIA memory cards, one (1) Model 100 metal ballot box, one (1) Model 100 hard cover carrying case, and one (1) Model 100 soft cover carry case) for each precinct contained within the City. The County may additionally lease to the City and the City may lease from the County one (1) Model 100 Optical Scan Precinct Count Unit and related items identified above for each backup Optech HIP Precinct Count Unit transferred to the County by the City for trade -in value. • RESOLUTION NO. Exhibit A • Section 2 OWNERSHIP 2.1 The City acknowledges that the County owns the Election Equipment and that the City is authorized to use said Election Equipment for official election related purposes. Use of the Election Equipment for any other purpose is strictly prohibited absent express written consent of the County. 2.2 The City acknowledges and agrees that the Election Equipment may contain proprietary and trade secret information that is owned by Election Systems and Software (ESS) and is protected under federal copyright law or other laws, rules, regulations and decisions. The City shall protect and maintain the proprietary and trade secret status of the Election Equipment. Section 3 HANDLING OF EQUIPMENT AND INDEMNIFICATION 3.1 The City shall be responsible for the Election Equipment while it is in the City's custody. The City either through insurance or a self - insurance program shall be responsible for all • costs, fees, damages and expenses including but not limited to personal injury, storage, damage, repair and/or replacement of the Election Equipment while this contract is in effect, consistent with the City's defense and indemnity obligations contained in Section 5.6 herein. Section 4 TERM, TERMINATION 4.1 The City and the County agree that this Agreement is in effect during the period commencing upon signature by the County and terminating when the City and County mutually agree that the equipment will no longer be used for the City's elections, unless terminated sooner by either party with cause upon seven (7) calendar days' written notice to the other. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Waiver. No delay or omission by either party hereto to exercise any right or' power • occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a 2 RESOLUTION NO. Exhibit A • waiver thereof unless the same is consented to in writing. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be observed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 5.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by both parties. 5.4 No Assignment. Neither party shall assign, sublet or transfer this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempt to do so shall be void and of no force and effect. 5.5 THE CITY AGREES THAT THE COUNTY IS FURNISHING THE ELECTION EQUIPMENT ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR • IMPLIED WARRANTIES, OTHER THAN THOSE PROVIDED BY ESS, INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE ELECTION EQUIPMENT. THE COUNTY'S SOLE LIABILITY AND THE CITY'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE ELECTION EQUIPMENT FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE ELECTION EQUIPMENT WILL BE ERROR FREE. THE COUNTY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS AGREEMENT OR THE ELECTION EQUIPMENT. 5.6 In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The County and the City agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall • defend, indemnify and hold harmless the other party for such acts. Each party shall not 3 RESOLUTION NO. Exhibit A S be responsible for the acts, errors or omissions of the other party under the Agreement and the results thereof. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.7 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: To the City: (Name) City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 To the County: Hennepin County Administrator A -2300 Government Center (233) Minneapolis, MN 55487 -0233 Copy to: Patrick H. O'Connor Director, Taxpayer Services Department A -600 Government Center (060) Minneapolis, MN 55487 -0060 • 5.8 Audit Provision. Both parties agree that either party, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the other party and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the contract and for six (6) years after its termination or cancellation. 5.9 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this Agreement are incorporated into and made a part hereof by this reference. 5.10 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties of the City and County hereof shall survive the completion of performance and termination or cancellation of this Agreement. 5.11 Authority. The person or persons executing this Lease Agreement on behalf of the City and County represent that they are duly authorized to execute this Lease Agreement on behalf of the City and the County and represent and warrant that this Lease Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. S 4 RESOLUTION NO. Exhibit A • 5.12 For use of the Model 100 Optical Scan Precinct County Units, the City shall: a. Pay the County the amount of One Hundred dollars ($100) per Model 100 Optical Scan Precinct Count Unit upon delivery to the City of said equipment; OR b. Convey to the County Optech IIIP Precinct Count Units equal in number to the number of Model 100 Precinct Count Units delivered to the City. The City makes no implied or express warranties concerning the equipment, and the County will accept the Optech IIIP Precinct Count Units if each is in reasonable working condition. 5.13 Maintenance Agreement. The County will enter into a Maintenance Agreement with Election Systems & Software, Inc., for maintenance of the City equipment at the expiration of the Warranty Period, determined to be December 31, 2001. The City shall obtain the services furnished by the Maintenance Agreement directly from Election • Systems & Software, Inc.. The annual fee for said Maintenance Agreement shall be One Hundred Twenty -five dollars ($125) per unit, and any increase in the fee shall not exceed three percent (3 %) of the prior two (2) year Maintenance Agreement with the County. The City shall reimburse the County for the County's out -of- pocket costs in securing the Maintenance Agreement at the time of renewal of said agreement by the County. • Payment by the City shall be made within thirty-five (35) days of receipt of invoice. 5.14 Program Service. The County shall, without charge, provide programming services prior to each time the City uses the Election Equipment. Service for the accumulation of election results may be made available at the discretion of the County. 5.15 Inspection and Return of Equipment. The County shall have the right to enter into and upon the premises where the Election Equipment is located for the purposes of inspecting the same or observing its use. On an annual basis, during the term of this Agreement, the City shall comply with the County's request for verification of Election Equipment inventory. Upon termination of this Agreement, the city shall forthwith deliver the Election Equipment to the County or its designee, complete and in good order and working condition. The City shall be responsible for all costs, including but not limited to shipping, related to the repair or replacement of lost, stolen, destroyed or damaged Election Equipment. THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK • 5 RESOLUTION NO. Exhibit A • COUNTY BOARD APPROVAL CITY, having signed this contract, and the Hennepin County Board of Commissioners having duly approved this contract on the 3rd day of August, 1999, and pursuant to such approval, the proper County officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to form COUNTY OF HENNEPIN STATE OF MINNESOTA By: Assistant County Attorney Chair of Its County Board Date: And: Assistant/County Administrator Approved as to execution ATTEST: Deputy /Clerk of County Board Assistant County Attorney Date: CITY OF BROOKLYN CENTER s Approved as to form By: Mayor By: City Attorney City Clerk/City Manager Date: • 6 City Council Agenda Item No. 9d City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM f TO: Mayor Kragness, Councilmembers 44m, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager / DATE: March 22, 2000 / SUBJECT: Resolution Authorizing Termination of Contract for Construction Management Services Enclosed is a letter from the law firm that the Council authorized to provide legal assistance due to their specialized construction expertise. As indicated in the letter from Mr. Melcher, we feel that the Bossardt Corporation is in default of a number of its contractual obligations. We have been working with our law firm in an attempt to resolve and ameliorate the situation. As indicated in the March 21st letter, we have not made the progress that is needed. We would concur in Mr. Melcher's evaluation that it is appropriate to terminate the contract since we will resolve and close out these • projects sooner without the Bossardt Corporation than we anticipate would occur with them. In reviewing how we have gotten to this point, I reviewed the materials submitted to the Council in November of 1997. Enclosed also are copies of the materials that were presented to you when Bossardt Corporation was engaged to provide these services. As indicated in those materials, staff did contact other municipalities and reviewed this with the architect for the police building. The conversations with other cities indicated that we would not anticipate the problems what we in fact experienced. One of the major problems was that the project superintendent working for the Bossardt Corporation quit in the middle of the project. The Bossardt Corporation also may have undertaken too many projects during this period of time. Ms. Chambers estimates that we will be able to close out the projects. The work remaining is to close out punch list items, finish landscaping and paving at West Fire Station. We also need to resolve the outstanding contracts and payment. As indicated in Mr. Melcher's letter, City staff has been auditing the payment requests. This auditing has prevented us from making over or double payments that would have occurred in the absence of our own auditing. The architects have also identified requests for payment that were approved by the construction manager for work that was not actually completed. Thus, we have, of necessity, been forced to provide much greater oversight and supervision of this process than would be anticipated with a construction management firm. S . 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AUTHORIZING TERMINATION OF CONTRACT WITH BOSSARDT CORPORATION WHEREAS, by Resolution No. 97 -218 the Mayor and City Manager were authorized to execute a contract with Bossardt Corporation for construction management services related to the police and fire building projects; and WHEREAS, legal counsel has advised that it would be appropriate for the City to terminate its contract with the Bossardt Corporation; and WHEREAS, such recommendation is based upon a review of the performance of service by Bossardt Corporation, which review indicates that Bossardt Corporation is in breech of its contractual obligations and the City would be better served by completing the final portions of the police and fire projects itself. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the City Manager be and hereby is authorized to terminate and provide notice of termination of the contract between the City of Brooklyn Center the Bossardt Corporation as provided in the contract with Bossardt Corporation for termination. AND, BE IT FURTHER RESOLVED, that the City Manager be and hereby is authorized through the law firm of Fabyanske, Westra and Hart to continue to pursue appropriate remedies and resolution of issues surrounding contractual performance of the Bossardt Corporation. 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. MAR 21 '00 07:31PM FRBYANSKE WESTRA & HART P.1 /2 FABYANSKE, WESTRA & HART A PROFESSIONAL ASSOCIATION B.C. HART PATRICK W. NOAKER M.T. FABYANSKE W JOCELYN L. KNOLL MARK . WES TRA SUITE 1100 6TE "EN C, OOK JEREMIAH J. KEARNEY BRIAN L. WILLIAMS DENNIS .1. TROOIEN 920 SECOND AVENUE SOUTH JULIE A DOHERTY SCOTT LLOYD ANOERSON MINNEAPOLIS, MINNESOTA 55402 JAYNE E. GARDNER PAUL L. RATELLE AARON A. DEAN GREGORY T. SPAU TELEPHONE 812 - 338-0115 CARA 0, HELPER DEAN B. THOMSON ARLENE D. ANDERSON GARY C. EIDSON TELECOPIER 6124384857 DAVID A. MEYER KYLE E. HART TIEN T. CAI JUDITH E. KROW DANIEL J. MCGARRY STEPHEN A. MELCHER FREDERICK H. LADNER RICHARD G. JENSEN DERECK R. BROWER THOMAS J. TUCCI OHARLES G, OARPENTER, III OF COUNSEL: March 21, 2000 HOLLY A. R. HART • EMAIL SAMELCHEROMINNLAW.00M DIRECT (012) 3364626 VIA FACSIMILE (6121569 -3494 Mr. Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 Re: City of Brooklyn Center Police and Fire Station Projects File No.: 81084 -001 Dear Mr. McCauley: I am writing concerning Bossardt Corporation's persistent failure to perform its contractual obligations as the City's construction manager on the above - referenced projects. I have been working with the City in an effort to gain Bossardt's cooperation in the performance of its contractual obligations since January of this year. At that time, Bossardt was in default of its obligations to provide the City accurate cost updates on project costs (Owner /Construction Manager Contract, paragraphs 2.3.8 -.10); to review, assist in the negotiation of, and make recommendations to the City regarding change orders (Owner /Construction Manager Contract, paragraph 2.3.17); and to properly prepare applications for payment (Owner/Construction Manager Contract, paragraph 2. PP P Ym ( g >� P � ph 3.11). Bossardt i is contractually obli to perform all of its obligations `in an expeditious and economical manner consistent with the interests of the Owner." (Owner /Construction Manager Contract, paragraph 1.1.3). By letter on February 17, I advised Bossardt of the City's frustration with its poor performance and asked Bossardt to cure these defaults prior to meeting with Jane Chambers and me on February 17. The efforts Bossardt made in preparation for the February 17 meeting were minimal, at best. Although Bossardt was aware that there were at least forty -two proposed change orders (in addition to many "pending issues "), it did not bring a single signed change order to our February 17 meeting. Moreover, no applications for payment or cost updates had been prepared. The summary information that Bossardt did bring to the February 17 meeting was inaccurate and unreliable. At the conclusion of the meeting, Bossardt romised to deliver by February 25: signed change orders for all of the proposed P Y h az'Y g g P P • change orders and fending issues, revised payment applications; and project cost updates. MAR 21 '00 07 :31PM FABYANSKE WESTRA & HART P.2/2 Mr. Michael McCauley, City Manager March 21, 2000 Page 2 • Bossardt did not deliver anything by February 25. Although it did eventually provide project costs updates and revised payment applications, the payment applications were inaccurate and, in numerous instances, would have caused the City to pay prime contractors for work that had previously been paid by checks the City had disbursed through Bossardt. This is a prime example of Bossardt's carelessness. Moreover, the payment application for the Police Station covered only one prime contractor. Meanwhile, Ms. Chambers has been receiving calls from a number of prime contractors who ask why they are not getting paid in a timely fashion and who report that Bossardt has informed them that "the City is not paying." What Bossardt has not told these contractors is that Bossardt has not submitted proper payment applications on their behalf that would permit the City to pay them. At least one contractor has informed Ms. Chambers that Bossardt would not even return its phone calls and that it will not return to the site to complete its work until it gets paid. The current status of the change orders is somewhat uncertain. Bossardt states that it has signed all of the proposed change orders and forwarded them on for the contractors' and architects' signatures. However, the City has only received ten change orders with the requisite signatures. In an effort to promptly resolve some of the more problematic issues surrounding change orders, Jane Chambers and I called for a meeting including Spancrete, the architects and Bossardt. Bossardt ignored Ms. Chambers' phone calls for two weeks and, although two dates have been suggested for early April, she has not heard back from Bossardt. • In terms of supervising the completion of the work, Bossardt appears to be causing as much P PP g confusion as anything else. Brooke Peterson appears to be unfamiliar with the various contractors' contract requirements and the current status of construction. Today he insisted that a catch basin needed to be installed at the West Fire Station until City staff had expended much effort proving to Mr. Peterson that the catch basin had already been installed. Bossardt is clearly in breach of its contractual obligations and, under the circumstances, it would be appropriate for the City to terminate Bossardt's contract. (Owner /Construction Manager Contract, paragraph 9.1). Very truly yours, 'DT- 1114 A AI 0 Stephen A. Melcher cc: Ms. Jane Chambers (Via Fax: 569 -3494) Kyle E. Hart, Esq. 410 NAPUSAM150094092.wpd /0 1 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: November 20, 1997 SUBJECT: Resolution Authorizing Engagement of Construction Management Firm for Police and Fire Building Projects We requested and reviewed proposals for construction management services for the police and fire building projects. Ms. Chambers reviewed the proposals and checked references with other cities. Bossardt Corporation has experience with the construction of two police stations and one fire station. They also have extensive municipal construction management experience for other municipal buildings. Based on the conversations Ms. Chambers had with other municipalities and discussions with the architect for the police building, we feel that Bossardt Corporation would be a good choice. • The initial review of fee ro osals from construction management firms also had Bossardt P P g Corporation as the lowest initial proposal for construction management services. One other firm, after the receipt of request for proposals, did modify their proposal and reduce their proposed cost below the cost proposed by Bossardt Corporation. However, our evaluation of the services to be performed and the personnel assigned with experience in this type of municipal construction causes us to recommend Bossardt Corporation for the provision of this service. Ms. Chambers also negotiated a lower and fixed cost fee from Bossardt Corporation after the initial proposals. Our recommendation for construction management is to improve the process of construction and to monitor the cost and material so as to have these projects come in on budget and in the time frame allowed. Many municipalities have been using construction management to overcome some of the difficulties associated with using a general contractor. The anticipated process basically substitutes construction management for the cost of a general contractor so that the overall cost of the project is the same, with fewer surprises. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • •etl r Construction Management Proposals I 5- Nov -97I 1 I Company I Experience Personnel Approach !Fee I I 1 I I I I I Bossardt Corporation 12 Police Identified PM on CM phase Lump Sum 2.5% of construction costs + 11 Fire 2 Senior One Proj.Supt $10,400 max r month project superin uper assigned Est. 10 months Estimate fee based on taking out Architect and CM fees from Revised Flat Fee $275,000 $284,000 $180,000 + $104,000 I I I I I I Plus on -site job trailer (general conditions) I This to be based on approved budget u front Imax cap $15,000 I AM 1 3 County Jails I5 person team no time estimate Design, Bid, Construction, " I I 2 County Law Centers (with 1 Construction Post-Construction Phases, and I I • • . I 1 Fire Station I Coordinator $299,000 1 1 1 plus general conditions requirements ■ Amcon I2 Fire, One Public Safety 'Identified $315,100 I $187,600 + $127,500 on site 1 Current SW Metro 1PM and Field Super CM oversight based on 2.5% construction Training Facility (will name additional 2 Field Supers doesn't mention general conditions ' 1 9 month const I Stahl Construction experience 1Team no time estimate $325,000 174,500 + 150,480 I 1 CM experience? I Project Manager doesn't mention general conditions I 2 Fire Stations Ion -site? • I E & V 2 Police, 1 Fire Principal in Charge 9 -10 months $326,900 150,600 + 1 176,300 Submitted revised fixed fee Project Manager construction does not refer to general conditions reduced supervision 1 $251,311 team -how much personnel on job real experience? lots of ice- capacity? Kraus Anderson 5 Fires and 1 Police team, project manager 7 months I $328,000 fixed fee no one on team assigned 2nd project manager does not refer to general conditions had any of these 2 job superintendents 'I projects, all experience schools commercial 1 CPMI I multiple, but listed as Team 13 months I $382,500 estimated, open to guaranteed max "cost" management on -site mgr 5 yrs ex I (general conditions additional on -site assist 3 yrs I (see break -out of est. hours I Page 1 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ENGAGEMENT OF CONSTRUCTION MANAGEMENT FIRM FOR POLICE AND FIRE BUILDING PROJECTS WHEREAS, bonds have been authorized through a referendum for police and fire construction projects; and WHEREAS, request for proposals (RFPs) have been solicited for construction management services for police and fire construction projects; and WHEREAS, the City Manager has received several proposals and has selected from those proposals Bossardt Corporation for consideration by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager be and hereby is authorized to engage the services of Bossardt Corporation to perform required construction management services for the police and fire building projects. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute a contract with Bossardt Corporation for construction management • services related to the police and fire building projects upon terms and conditions as set forth in the proposals submitted by the respective construction management firm as set forth in the attachment to this resolution. • • 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. • 111, DOSS,Rnr CORPORATION Pralesrkrnal Cun .Ttrnctton Managers November 19, 1997 • • City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 AT'T'ENTION M a_ T n . A Chambers Assistant City nag RE: CONSTRUCTION MANAGEMENT AGREEMENT POLICE /FIRE BUILDING PROJECTS Dear Ms. Chambers: Further to our telephone conversation today, November 19, 1997, we are pleased to confirm the following revisions to our October 17, 1997 Proposal: 1) The construction management fee has been reduced from $180,000 to $171,000 based • on an approximate total' construction cost of $6,850,000, and will be a fixed fee. 2) The on -site supervision costs will be capped at $104,000 based on a ten (10) month construction phase. If the construction phase Is longer than that Bossardt Corporation will be at risk for any overruns. The resultant total compensation for #1 and #2 above will be fixed at $275,000. 3) Reimbursable costs (indicated under the on -site office) other than on -site supervision will be capped at $15,000 and will be billed at a cost not -to- exceed that amount. In addition, we would like to confirm that all critical path scheduling is included in our fixed compensation amount and that the anticipated construction phase schedule would start on April 1, 1998. Jane, we trust the above accurately outlines our verbal agreement and will allow the City Council to take action on our selection as your Construction Manager at the November 24, 1997 City Council meeting. • • 7400 Ale to) Boulevard • Suite /1400 • Minneapolis, MN 55439.2326 • (612)831.540R • flax (612) 831-1268 z • d ,C :RR 14At•017•Tt ICI?IHCC(1A 1./f1?Id ij I • • City of Brooklyn Center Page Two Thank you for considering our firm for these great projects. We are looking forward to beginning our work as soon as we receive your direction to do so. Yo very truly, John R. Bossardt President • JRB: �IF�.. -• cc: Charlene Jasan • • } • 2 'd 3S:SA JAAT•A7 *TT n,ur,n ..n.. Member Kay Lasman introduced the following resolution and moved its adoption: S RESOLUTION NO. 97 -21R RESOLUTION AUTHORIZING ENGAGEMENT OF CONSTRUCTION MANAGEMENT FIRM FOR POLICE AND FIRE BUILDING PROJECTS WHEREAS, bonds have been authorized through a referendum for police and fire construction projects; and WHEREAS, request for proposals (RFPs) have been solicited for construction management services for police and fire construction projects; and WHEREAS, the City Manager has received several proposals and has selected from those proposals Bossardt Corporation for consideration by the Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager be and hereby is authorized to engage the services of Bossardt Corporation to perform required construction management services for the police and fire building projects. BE IT FURTIIER RESOLVED that the Mayor and City Manager be and hereby • are authorized to execute a contract with Bossardt Corporation for construction management services related to the police and fire building projects upon terms and conditions as set forth in the proposals submitted by the respective construction management firm as set forth in the attachment to this resolution. November 24, 1997 j��.I�Q,�/J Date Mayor 0 ATTEST: v *WUA City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, and Robert Peppe; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. • Resolution No. 97 -218 • DossANDT CozwonATloN Pen rrloriul Cum Mnlw rrs f 8 November 19, 1997 City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 : 11 '► •■• u• .I• 1%11 IV • ,l 11,1• RE: CONSTRUCTION MANAGEMENT AGREEMENT POLICE /FIRE BUILDING PROJECTS Dear Ms. Chambers: Further to our telephone conversation today, November 19, 1997, we are pleased to confirm the following revisions to our October 17, 1997 Proposal: • 1) The construction management fee has been reduced from $180,000 to $171,000 based on an approximate total construction cost of $6,850,000, and will be a fixed fee. 2) The on -site supervision costs will be capped at $104,000 based on a ten (10) month construction phase. If the construction phase is longer than that Bossardt Corporation will be at risk for any overruns. The resultant total compensation for #1 and #2 above will be fixed at $275,000. 3) Reimbursable costs (indicated under the on -site office) other than on -site supervision will be capped at $15,000 and will be billed at a cost not -to- exceed that amount. in addition, we would like to confirm that all critical path scheduling is included in our fixed compensation amount and that the anticipated construction phase schedule would start on April 1, 1998. Jane, we trust the above accurately outlines our verbal agreement and will allow the City Council to take action on our selection as your Construction Manager at the November 24, 1997 City Council meeting. • • 7400 Win) noulcvunl • Suite 11400 • bfbuieopalls, AIN 5.5439.2326 • (612)831-540A • 11“ (6121$31 - /2G8 Resolution No. 97 -218 i 4 City of Brooklyn Center Page Two Thank you for considering our firm for these great projects. We are looking forward to beginning our work as soon as we receive your direction to do so. Yo s very truly, John R. Bossardt President 1111 cc: Charlene Jasan • • City Council Agenda Item No. 9e • • MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: March 22, 2000 SUBJECT: Resolution Amending the 1999 General Fund Budget and g g Authorizing the Transfer of Surplus Funds From the General Fund to the Public Employees Retirement Fund The attached resolution adjusts the 1999 General Fund Budget to provide for a transfer of $120,000 from the General Fund to the Public Employees Retirement Fund. This fund has been used since 1986 to provide for the payment of the employee single health insurance premium for some retired employees. Substantially all of the City's full time police and fire employees; and all other full time employees who were hired before July 1, 1989, may be eligible for these benefits from the time they qualify for an unreduced PERA pension until they reach age 65 or become eligible for Medicare. • A calculation is done annually of the number of months of benefits which current employees are eligible to collect in the future. This is multiplied by the current single health insurance premium to produce an estimated liability for the city. The Public Employees Retirement Fund was originally funded in 1986 from a surplus. Since then, interest earnings on the fund have been sufficient to pay for insurance premiums and the increase in liability for future premiums. Single health insurance premiums increased from $195.16 per month in 1999 to $225.53 per month in 2000. This created a substantial new liability which isn't expected to be covered by future interest earnings. The City Charter allows the City Council to increase the budget, but only if there actual revenue increases to offset the increased appropriations and to authorize transfers to other funds. The attached resolution recognizes actual revenues over the budgeted estimates and authorizes the transfer of $120,000 from the General Fund to the Public Employees Retirement Fund. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AMENDING THE 1999 GENERAL FUND BUDGET AND AUTHORIZING THE TRANSFER OF SURPLUS FUNDS FROM THE GENERAL FUND TO THE PUBLIC EMPLOYEES RETIREMENT FUND WHEREAS, Section 7.11 of the City Charter provides the City Council with the authority to make permanent transfers between all funds which may be created, provided that such transfers are not inconsistent with the provisions of relevant covenants, the provisions of this charter, or State statute; and WHEREAS, The City has provided a program of certain health care insurance benefits for City employees who retire before age 65, consisting of the single health care insurance premium from the time of their retirement until they reach age 65 or become eligible for Medicare, provided that they qualify for an unreduced PERA pension; and WHEREAS, the liability for this benefit is calculated annually and recorded in • the Public Employees Retirement Fund; and WHEREAS, the increase in the single health care insurance premium from $195,16 per month in 1999 to $225.53 per month in 2000 has created a deficit in the Public Employees Retirement Fund; and WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to increase the appropriations fixed in the budget, but only to the extent that actual revenues exceed the estimates; and WHEREAS, actual revenues have in several cases exceeded the estimates in the budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to amend the 1999 Annual Budget as follows: 1. Appropriations in the General Fund are increased to include a transfer to the Public Employees Retirement Fund in the amount of $120,000. • • RESOLUTION NO. 2. Estimated revenues in the General Fund are increased in the following categories: Property Taxes $80,000 Lodging Taxes $40,000 Total $120,000 Date Mayor ATTEST: City Clerk • The motion for the adoption of the foregoing resolution was duly seconded by member P g g Y Y , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 110 City Council Agenda Item No. 9f Office of the City Clerk City of Brooklyn f yn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk jlICIA4k DATE: March 23, 2000 SUBJECT: Currency Exchange License Application C -N -P Northwest, Ltd. dba Cash -N -Pawn 1964 57th Avenue North, Brooklyn Center, Minnesota On March 8, 2000, the City received a letter from the Minnesota Department of Commerce requesting City Council consideration of a currency exchange license application submitted by C -N -P Northwest, Ltd. dba Cash -N -Pawn to operate as a currency exchange at 1964 57th Avenue North. Minn. Stat. § 53A.04 (a) requires the governing board of the City to consider the issue and approve or disapprove the issuance of the currency exchange license. The City is required to publish notice of the Council's intention to consider the • currency exchange lice y license and solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. Notice was published in the City's official newspaper on March 22, 2000, indicating that the City Council will consider the issue at its April 10, 2000, meeting. A copy of the notice is attached. At its March 13, 2000, study session, the City Council discussed the currency exchange license application submitted by C -N -P Northwest, Ltd. dba Cash -N -Pawn to operate at 1964 57th Avenue North. Cash -N- Pawn is currently licensed by the City as a pawnshop at 1964 57th Avenue North. The matter as to whether or not Cash -N -Pawn could be licensed as both a pawnshop and a currency exchange at the same location was referred to the City Attorney and his March 13, 2000, letter of response is attached. The City Council requested City Attorney LeFevere to draft an ordinance amendment which clarifies the intent of the ordinance to allow pawnshops and secondhand goods dealers to occupy the same premises provided two licenses are issued, but that other listed businesses may not occupy the same premises or be located within 300 feet of each other or in the same arcel i.e. on -sale liquor establishment, halfway ( � q Y house currency exchange operation, tattoo establishment, body piercing establishment, massage parlor, etc.). Attached is the draft ordinance prepared by City Attorney LeFevere. If approved for first reading, the second reading and public hearing would be held April 24, 2000, with effective date as June 2, 2000. Attachments 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer '� —, '`= MINNESOTA DEPARTMENT OF COMMERCE I. `_ ) _ Financial Examinations Division ;,. March 7, 2000 City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Currency Exchange License Application C -N -P Northwest, Ltd. dba Cash -N -Pawn Dear City Clerk: Enclosed is a copy of an application submitted by Alan L. Cross to operate a currency exchange business at 1964 57 Avenue North, Brooklyn Center, Minnesota. The name of the currency exchange company is C -N -P Northwest, Ltd. dba Cash -N -Pawn. Minnesota Statute 53A.04 (a) states: "Within 30 days after the receipt of a complete application, the commissioner shall deny the application or submit the application to the governing body of the local unit of government in which the applicant is located or is proposing to be located. The commissioner may not approve II the application without the concurrence of the governing body. The governing body shall give published notice of its intention to consider the issue and shall solicit testimony from interested persons, including those in the community in which the applicant is located or is proposing to be located. If the governing body has not approved or disapproved the issue within 60 days of receipt of the application, concurrence is presumed. The commissioner must approve or disapprove the application within 30 days from receiving the decision of the governing body. The governing body shall have the sole responsibility for its decision. The state shall have no responsibility for that decision." Please respond in writing within 60 days of the receipt of this notice as to the decision of the governing body regarding the application for the currency exchange operation. If I do not hear from you within 60 days, approval will be presumed and the license will be issued. If you have any questions, please feel free to contact me. V truly yours, ,&,,,(17..ize‘._..} R bin H. Bro n Financial Examinations Division (651) 282 -9855 Enclosure • 133 East Seventh Street, St. Paul, MN 55101 -2333 Telephone (651) 296 -2135 • Fax (651) 296 -8591 • TTY/TDD (651) 296 -2860 e -mail: financial @state.mn.us Web Site: www.commerce.state.mn.us An Equal Opportunity Employer . City of Brooklyn Center (Official Publication) NOTICE OF INTENT TO CONSIDER A CURRENCY EXCHANGE LICENSE Notice is hereby given that the City Council of the City of Brooklyn Center will consider the application for a currency exchange license from C -N -P Northwest, Ltd. dba Cash -N -Pawn, to operate at 1964 57th Avenue North, Brooklyn Center, Minnesota. This consideration will be given at the April 10, 2000, City Council meeting at 7 p.m. or as soon thereafter as the matter may be heard. The meeting will be held in the Council Chambers of the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. Sharon Knutson City Clerk • 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone Graven (612) 337 -9310 fax H AR T E R E D http: / /wwwkennedy- graven.com • CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere®kennedy- graven.com March 13, 2000 Mr. Michael McCauley City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 RE: Application for Currency Exchange License at Pawnshop Location Dear Mike: 410 The City has received an app lication to operate 'a currency y_ exchange from a party currently licensed for a pawnshop operation at the same location. You have asked whether both a currency exchange and pawnshop business can be licensed for the same address. The City Code prohibits issuance of a currency exchange license for a premises which is within 300 feet of a pawnshop. Section 23 -2203. Likewise, a pawnshop license may not be issued to a premises within 300 feet of a currency exchange. Section 23 -610. At first blush it would seem, therefore, that a currency exchange license may not be issued for a premises which currently has a pawnshop license since the two would obviously be within 300 feet of each other. However, if it is the intent of the City that two such establishments may not occupy the same premises, it may be advisable to clarify this point by an ordinance amendment. It seems to me that the ordinance is open to some interpretation for the following reason: Just as the Code prohibits pawnshops and currency exchanges from being licensed within 300 feet of each other, the Code also prohibits the licensing of both pawnshops and second hand goods dealers within 300 feet of each other. In the case of these businesses, the code provides that if a party is conducting both a pawnshop business and a second hand goods business, the applicant must secure two licenses. Sections 23 -602 and 23 -652. This would seem to contemplate that two such businesses may exist in the same location. In other words, if the code allows a pawnshop license andlsecond hand goods license to be issued for the same premises, why would a pawnshop and currency exchange business be ineligible for licenses on the same premises. • CLL-177472v1 BR291 -4 Mr. Michael McCauley March 13, 2000 • Page 2 of 2 It seems to me that there are two somewhat different public purposes served by the ordinance provisions that require separation of uses. One of these is to protect one use from the adverse impacts of another use. For example, pawnshops may not be located within 300 feet of churches and schools. Presumably the purpose of this provision is to protect churches and schools from the adverse impacts of a nearby pawnshop business. It could not be reasonably suggested that a pawnshop could operate within a school since that would obviously be within 300 feet of a school. However, some of the uses specified in the ordinance are probably specified not to protect one use from another, but to prevent an unreasonable concentration of similar uses in one location of the City. For example, the required separation between pawnshops and massage parlors was probably not intended to protect the massage parlor, but to protect an unreasonable concentration of such businesses. If the purpose of prohibiting the location of pawnshops within 300 feet of currency exchange businesses is not for the protection of either the pawnshop or the currency exchange business, it could be argued that the purpose of the ordinance would be served if they located on the same premises just as it would if second hand goods dealers and pawnshops co- located on the same premises. Therefore, it seems that it would be advisable to request some input from the City Council as to whether the various uses listed in these code provisions should be allowed to locate on the same premises. It may be that the intent of the ordinance is that pawnshops and second hand goods • dealers may occupy the same premises provided two licenses are issued, but that the other listed businesses may not. If this is the case, I would recommend that the City act to deny the application for a currency exchange license on the ground that it is for a place that is ineligible for a license. At the same time, I believe it would be advisable to modify the code provisions which require separation to make it entirely clear which uses may be allowed to exist on the same premises and which may not. Even if the Council concludes that it is reasonable for two such businesses to exist on the same premises, it may be advisable to clarify these ordinance provisions so no questions arise in the future as to which types of business may be co- located and which may not. Please let me know if you have any further questions about this matter. Very truly yours, Charles L. LeFevere CLL:lh III CLL- 177472y1 BR291 -4 • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of April, 2000, at 7 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider an ordinance relating to the location of secondhand goods dealers, pawnshops, currency exchanges, tattoo and body piercing establishments, and massage parlors. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3306 to make arrangements. ORDINANCE NO. AN ORDINANCE RELATING TO THE LOCATION OF SECONDHAND GOODS DEALERS, PAWNSHOPS, CURRENCY EXCHANGES, TATTOO AND BODY PIERCING ESTABLISHMENTS, AND MASSAGE PARLORS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23 -610, 23 -661, 23 -2309, 23- 2203, AND 23 -1709 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23 -610 (pawnbrokers) is amended as follows: Section 23 -610. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of. or in the same building as. or on the same legally subdivided lot. piece. or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, secondhand goods dealer, tattoo establishment, body piercing establishment, [or] massage parlor. or another pawnshop: provided however. that a pawnshop and a secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; c. Where operation of a licensed premise would violate zoning ordinances; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the 110 property of the licensed premise which improvements have not been completed or; ORDINANCE NO. • 1 1 e. Established as a awnsho after April 2, 1996, which is within ten 10 P P P � ( ) driving miles of any gambling casino. Section 2. Brooklyn Center City Code Section 23 -661 (secondhand goods dealers) is amended as follows: Section 23 -661. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the City or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. Within 300 feet of. or in the same building as. or on the same legally subdivided lot. piece. or parcel of land as any of the following uses: a school or day care center if the secondhand goods dealer will receive firearms or if located within 300 feet of a pawnshop, tattoo establishment, currency exchange operation, massage parlor, [or] body piercing establishment, or another secondhand goods dealer: provided however. that a pawnshop and a 0 secondhand goods dealer may occupy a single licensed premises in common if both activities are licensed for that premises; c. Where operation of a licensed premise would violate zoning ordinances; or d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed. Section 3. Brooklyn Center City Code Section 23 -2309 (tattoo and body piercing establishments) is amended as follows: Section 23 -2309. PLACES INELIGIBLE FOR LICENSE a. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.0- 278.03, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be • granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. ORDINANCE NO. b. No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments. c. Premises Licensed For Alcoholic Beverages. No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35 -2182. d. No license shall be granted if the premises is within 300 feet of. or in the same building as. or on the same legally subdivided lot. niece. or parcel of land as any of the following uses: a church, school, day care center, hospital, on -sale liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshop, secondhand goods dealer, [or] massage parlor, or another tattoo or body piercing establishment. Section 4. Brooklyn Center City Code Section 23 -2203 (currency exchanges) is amended as follows: Section 23 -2203. RESTRICTIONS. All Currency Exchanges shall be operated and maintained in accordance with the requirements of state law and of this section: A. The business may not be advertised with backlighted signs or awnings, roof signs, portable signs, temporary signs, or freestanding signs. Window signs shall not exceed thirty (30) percent of the window area and shall not block views into the building at eye level. B. The window and door area of any existing first floor facade that faces a public street or sidewalk shall not be reduced, nor shall changes be made to such windows or doors that block views into the building at eye level. C. For new construction, at least thirty (30) percent of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into the building at eye level. D. The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. E. The premises, all adjacent streets, sidewalks, and alleys, and all sidewalks and alleys within one hundred (100) feet shall be inspected • regularly for purposes of removing any litter found thereon. • ORDINANCE NO. F. The business premises shall not be so equipped as to enable employees to activate remote locking mechanisms to lock in patrons, customers, or others. G. The licensee shall not engage in street solicitation for the business or distribute handbills within three hundred (300) feet of the licensed premises. H. The licensee shall not give away cigarettes or liquor to customers either free or in connection with a check cashing transaction. I. The business premises shall not be located within 300 feet of. or in the same building as. or on the same legally subdivided lot. niece. or parcel of land as any of the following uses: a school, day care center, church, hospital, on -sale liquor establishment, halfway house, theater, residence, pawnshop, secondhand goods dealer, tattoo establishment, body piercing establishment, [or] massage parlor. or another currency exchange. Section 5. Brooklyn Center City Code Section 23 -1709 (massage parlors) is amended as follows: • Section 23 -1709. CONDITIONS GOVERNING ISSUANCE OF A LICENSE. 1. No license shall be issued if the applicant or any of its owners, managers, employees, agents or interested parties is a person of bad repute. 2. Licenses shall be issued only if the applicant and all of its owners, managers, agents, employees or interested parties are free of convictions for offenses which involve moral turpitude or which relate directly to such person's ability, capacity or fitness to perform the duties and discharge the responsibilities of the licensed activity. 3. Licenses shall be issued only to applicants who have not, within one year prior to the day of application, have been denied licensure, have had a license revoked or suspended in or by any community or political subdivision or the State of Minnesota and whose owners, managers, or any interested parties have not been similarly denied, revoked, or suspended. 4. Licenses shall be issued only to applicants who have answered fully and truthfully all of the information requested in the application, who have paid the full license fee and fee for investigation and have cooperated fully and • truthfully with the City in the review of the application. • ORDINANCE NO. 5. If the applicant is a natural person, a license shall be granted only if such person is 18 years of age or older. 6. Licenses may only be granted when in complete conformity with the zoning code of the City of Brooklyn Center. No license shall be granted for any Premises which is within 300 feet of. or in the same building as. or on the same legally subdivided lot. piece or parcel of land as a currency exchange operation. secondhand goods dealer. pawn shop. tattoo or body Piercing establishment. another massage parlor. school. day care center. church. hospital. on -sale liquor establishment. halfway house. theater or residence. 7. Licenses shall be granted only to establishments which can meet the safety, sanitary and building code requirements of the City. 8. A license shall not be granted if granting the license (a) would be inconsistent with the comprehensive development plans of the City, or (b) would otherwise have a detrimental effect upon other property or properties in the vicinity. Section 6. This ordinance shall become effective after adoption and upon 30 p thirty ( ) days following its legal publication. Adopted this day of , 2000. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeout indicates matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 9g i • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kragness, Councilmembers H is om, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 23, 2000 SUBJECT: Modification of April 17, 2000, Co ission Recognition I would request the Commission Recognition be modified from 6:00 p.m. to 6:30 p.m. at Constitution Hall on April 17, 2000. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 0 City Council Agenda Item No. 9h 0 0 MEMORANDUM 1 • DATE: March 23, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: Comments on Suburban n Henne P i Regional Parks: Draft First Tier Trails, g Greenways & Parks Plan The Parks & Recreation Commission reviewed the Suburban Hennepin Regional Parks' draft Trails, Greenway, and Parks Plan at its March 21, 2000 meeting. Staff has also had the opportunity to review the proposed plan. Comments are summarized below: General Comments In general, staff appreciates the fact that Hennepin Parks is working to facilitate the development of recreational trail corridors. Hennepin County Public Works recently completed a study and a county wide bike transportation plan. • The Park and Recreation Commission was concerned that Hennepin Parks conceives the proposed trail systems as solely Hennepin Parks owned and operated. Many of the proposed trail links, both in Brooklyn Center and other communities, would utilize existing or planned city trails. As with the Shingle Creek Trail and its role as an important link in the North Hennepin Regional Trail, the Commission strongly believes in local ownership and control over local trails. In accordance with that belief, the Commission is willing to co- designate a trail as both a city trail and as a link in a regional trail, but is unwilling to relinquish ownership or control. The Commission and staff believe that urban trails such as those being proposed are indistinguishable by the general public from other city trails, and thus should be maintained in a manner similar to other trails. For example, current Hennepin Parks policy is to not provide any winter maintenance of trails. Brooklyn Center, like many suburbs, regularly plows its recreational trails. Residents have grown to expect this level of service, and complain when it is not completed promptly. It would be difficult to explain why one trail in the city is not plowed, simply because it is under another agency's jurisdiction; the public doesn't care who owns the trail, they simply want to use it. It was the consensus of the Park and Recreation Commission that: 1) They were eager to see additional recreational trails be available; 2) They were unwilling to give up ownership and control of trails; • 3) They were in favor of maintaining all trails in the city in a consistent manner; 4) They were in favor of negotiating with Hennepin Parks to the effect of: "You give us . Page 2 money to build trails, we'll build them, you give us money to maintain them, we'll maintain them, if we want a higher level of service than you would provide, we will pay for that, we'll own them but you can designate them as part of the Hennepin Parks trail system." The osition stated in item #4 above would provide Hennepin Parks with visibility in the inner p e d p ov de He p ty tier suburbs and would credit them with facilitating the cooperative development of trails, but would not burden them with adding personnel to maintain facilities; they would simply contract with cities to provide a certain minimum level of maintenance. Capital funds provided by Hennepin Parks would be an incentive for cities to construct trails that they otherwise may not have planned to do, or to construct them at a faster pace. Specific Comments Hennepin Parks has proposed a Brooklyn Center/Robbinsdale Corridor, which has been reviewed by staff and the Commission. The following is a summary of the comments, with recommendations where appropriate: Utility Corridor v. 53rd Avenue Utility Corridor Option Pro: • Is a nice 75 foot wide corridor with periodic towers to go around, but probably uncomplicated easement rights to acquire (NSP has reportedly said they would be interested) Residents would be assured of more regular maintenance than NSP provides • The corridor would end at Logan, where there is an existing sidewalk to go north to Grandview or south to 57th Con: • Probable neighborhood opposition • Would require a new sidewalk or on -street trail on Camden from the easement south to 57th Avenue, to use the existing sidewalk to make the connection to N Mississippi Regional Trail • Doesn't "go" anywhere. The trail would head west from the N Mississippi Regional Park on the 57th Avenue sidewalk, then head north into a residential neighborhood, then head west on the utility corridor until it came to an end up against the back of the Northbrook shopping center. At that point, trail users would have to ride through a commercial area on the sidewalk until they got to the North Lilac trail, where they wold go off road again until they got to the Shingle Creek Trail. • • Page 3 53rd Avenue Option Pro: • Would link with the Humboldt Greenway, which in turn links with the Grand Round Would fit in with long -term redevelopment plans • Would directly link one regional trail (N Mississippi) with another (N Hennepin), along a residential street • Would be consistent with Minneapolis' plan to create a parkway along 49th from Humboldt to N Mississippi. Con: • Would require substantial acquisition of property for redevelopment, or acquisition of easements • Longer term project The Park and Recreation Commission prefers the 53rd Avenue option. The primary reasons are that 1) it better fits in with long -term planning; and 2) it "goes" somewhere, that is, it is a direct link between two regional trails. Middle Section of Trail • • Redevelopment of Brookdale provides an opportunity to create a trail link across the center. For example, a trail could be created along the south side, adjacent to the highway fence. The trail could curve up to 55th, and use a sidewalk on 55th to cross Xerxes and Brooklyn Boulevard. • Old Osseo Road, 53rd, and France Avenue will need reconstruction in the next five years and are tentatively scheduled for 2005. The actual date would depend upon the TH 100 reconstruction schedule; we would not want to be reconstructing those streets until the new France Avenue interchange is completed. This reconstruction provides the opportunity to construct the trail link as a combination of off - street trail, sidewalk, and possibly on- street trail. Twin Lakes Area: France Ave v. E Twin Lake Blvd: France Pro: • The Old Osseo /53rd/France reconstruction is an opportunity to incorporate trail or dedicated bike lane • France option would connect to the trail planned to be constructed along the south side of the relocated France Avenue. On the realigned France, the trail would • cross the railroad at a protected crossing • Page 4 Con: • France Avenue is busier street than E Twin Lake Boulevard . E Twin Lake Blvd Pro: • Quieter street for on -street trail • Leads directly to city -owned open space at the south end of Upper Twin Lake with potential for long -term future recreational development Con: • This trail would require a connection to the realigned France Avenue across the city -owned open space which is mostly wetland. While this is something we may want to do long -term when a reasonable plan for recreational development is in place, there are a number of issues which make it tricky • Railroad corridor alternative unlikely The Park and Recreation Commission prefers the France Avenue option. The primary reason is that it is a more direct connection to the new trail being constructed with the proposed France Avenue realignment. South Segment of Trail 0 The trail across the west part of the Joslyn site is likely infeasible, and should be removed • P Y Y from consideration. Even if the MPCA does eventually de -list the west portion of the site (i.e., certify that it is "clean" enough to be used again), the railroad was unwilling to allow a trail crossing, and at this point is only accepting of a protected trail crossing at the proposed realigned France Avenue. • The realigned France Avenue trail would fork to the east and west. To the east, the trail would continue along Lakebreeze, then across the new France Avenue highway bridge and continue down France Avenue to the Robbinsdale border. To the west, the trail would continue on -street on Lakebreeze to Twin Lake Avenue to Twin Lake Park, where a new trail link from the park across the bridge to Robbinsdale would be constructed with the TH 100 project. 41) MAJOR BENEFIT /VALUE: - MAJOR REGIONAL ISSUES /CONSTRAINTS: DETAILED Figure 5 • AS A REGIONAL TRAIL: R econstruction of TH 100 at CSAH Bland France Avenue ; # CORRIDOR Trail construction Brookdale Center >. .. s . Connects North Mississippi Regional Park to the Shingle Creek Trail and to the on through ANALYSIS Proposed Crystal /Robbinsdale Trail Corridor • I < -- _7 - - - - -- - -- -..' ..... : — »_,.__.: ' ' Difficult trail connections near Twin Lakes e %fP/'' t�i �' � _ ___ _ . F - BROOKLYN CENTER /ROBBINSDALE AS A LOCAL TRAIL: _ CORRIDOR - .. < _,..... r n Center's southeast neighborhoods to existing M - Y gh g �.. Better connection from Brookl :.. e - r t. ; . regional facilities =. ._.. _... � > f ; ' . , sot REGIO CONNECTION FI T IER TRAILS, G RE E N W AYS AND PA P ' . : .. 1 n from Brooklyn Center's southwestern ne' hborhoods to regional facilities and :. ` Shingle Creek Trail to NorthHennepin Trail • _ �` ti -.• • Connection lyn Ce neighborhoods g .. i ,. i G , i'Tyt .a• shopping a t Brookdale Center and downtown Robbinsdale r ..,4 . r OPPORTU t ' i t , fF - i • . o- �'� r �� fir _; � ;:'; PP • m :.Y ,;, i ting ped crossin i p % '. a • 'l g. ' i � q t Exis of; 100; • Crossings of TH 100,1-94, and Brookdale Center .41- ; ._ „ . _,:.. ... ' t = . < tg i 1 �. i OP O TU Iii i { a ; !I I - - �^ t , 1 Y• 4 $_.; ._. �. n/l.ila : ; ,y i t f r '�p i , i e i 1 LOga C }:: a i . ,i , : .. • 3 ' e ; a y REGIONAL CON t : ... :r : . k >'' ; x f ; x • CONNECTION - , s' <; BROOKL ` ;1 ` .; `� <.' ' i s ... . l 4 1I. s ; .. € a • ,. _ : ,f f' 3 i Qr ,a te O !? ,., w,: _ • ..,. .. .. <..... ' Possible Crystal /Robbinsdale Corridor i ' ` . . __, Li-. I . 7 :.`• 3 ! • i .._ e C � : > 1� rT ,7 a �� 7 :,. • k CE ER • § ' i 3 i • .. s i ,. T 1 Utilit o , . _ i s X ,. .._ CRYSTAL y ` ` I ,. =s °S ,...... >,.., , . i's <; 1 PPOR O O z,,, 1. f s • I; . s. ' . t, s NS TRAINT M ` ` i TbNUY /C ` .. _." ,•. ,.,. _. . .. • � ��,: a , ; ' - HI" : i CO ... : , i - •, .. _.._, .<i i ,? BroolidaleCent .. :.. .. T 1 ' i i f I . I z " „. x .. _ _,: : , i EJ,, CONSTRAINT �...:. i e ,. _.57 a K - t ,� Difficuk connection across -94: s . CONST ., . r ` CONSTRAINT - -•'• `- § _•�•, - „•;” im lementtrailwithin parking • 1 ` N , r P r _ P k g ' � �� r ` ® Dif # crossin g of 57th Av i < �'- narrow sidewalk on 57th Ave bridge Local street, o n road l ” - ° �; ; lot or if m all re develops ; r s I i ; ; t�' • i ? s fadiit , only } f :.:: ,. ... r ' < . .Sya t 44, 2 . I ♦ ,., ., <,:: �' .OPP OR;CUNITY ` 4 ¢ � .P � T = I. � y i ,, . � , : f. . ..,i, , . .i . . . � . � +'x r � . s y' ; �� E �; 4, fi r'" 1 - I i 1 I sv iew Rd wide ROW, trai potsible I I } t ot f I i E i i :� � 44,,r Existing •sidewalk, al f', _ ,. L r 1 , ; l i I if ? i a ; 4 • ; t c • a r ♦ .. Bass IA Rd- L La . , �;;� wide R 4 = r .r° a• � " O�?PORTUNI TY � § .� z< D s. <, � .. � • • � ; • ; RAILROAD CORRIDOR ; .r', ogl Trail Q N I � � � t Existing Shingle Creek s t , R EGIONAL CONNECTION 5 x F �^ ; ~ I ; North Mississip Regional Park ; ♦;,; • c+ ALTERNATIVE -• '•' . ; 1 I � 4 r • x ... i u 9 'OPPORTUNITY � 4 4 i ♦ 9,5, ROW width vanes, "r.-Wit-i. "y s -x •� Q s »..... .....R F..._�.. $ iiA • r ; • e , - � f Existing pedestrian R a f r ' I t § j,.; , i etlan • °wd • issu es 1 y ua 3rd Ave N + °cr of TH.too j I r ° Basting Citjr troll x � s d '' µ ..Vi . ♦ _ ,: : ♦ , ♦ 3 • ? : i r § 1 --"' , .. ^ r F' i ; { I. ' " 'r t z S 53rd'A F 9 ' ` ! y , • . ,.%'? `, + + " ', r 4 " mow, . ' � t i tt t.< , ♦ ; - ,.r . t - -..;< .i h " 3' �' y S ti • t tf ,,G�d ! ' , ! L I 3 i ., y ! qd.' ___ ! 9 * , 3 S § it � :. - y,.....,.. „ a , , :. ;, <•OPPOR TLINITYI � • b r ,:. •: �� � V r � z rrsn .. ra _ _ ss A; 4 . a � . : 1 CONSTRAINT. I .. c .. p � 5 ` = a # s j • _•� i'c.ya 2 `L. • iv y t . r _ ''M1 .? V .. J . r a . • w W.• _:- t F rance Ave: 44€: .4 i . ` • E 9 ' : . . 41 a 1 ._. _. - - - __.. oPPOi#TUtuITY -a �., , • UNI Y! existing sidewal _h; * �+� � .. � ; / ' — ' a • OPPORT ^- ♦ .<. .:•••-,9-,,,,,, ; ° I $ `*� Brooklyn Center priority corridor: ,1,. • e . r '�i ; . '` • S CONSTRAINT , • u• residential street i i i y t t a i , • • ' • Natural' a rea ; N ` t a s .1..' ONST i l N '' MINNEAPOLIS 4 i frailyand recleveloplrient to os:cur to geth % r te 'a l f •Y �, £ .. hoc trails exist ; •P'” --..,.. i r' ' ° >C. , RA NL_. .... z =• _ ;.. _ •&„ ..� ...,... .,... fir... , ?,..,, _ >-..T _ -: ` r -i�r <k, ' `''' " k' 3 II �. € ♦ t. France Ave to b i s i " r t u , ; i :CONSTRAINT � ' severed by TH i a - E.. _� / ..:•::: a . ; • i a i 8 t. L OCQ I Street Lake Bree2e Ave. • i StrUCtiOn x.= i . -S.. .... .. ... _ F. . s s ',� R , .,� >..� 100 +", t _. . -� tq I > § L :: t i -� 3 ... , . /' J •. !; Y - 4 c� ','casr.e .z"LV:[nsx�•` --. ' ': i 49t Ave N i x ` ' ~ i y" + j W 0 ,, 1 E . , mot:' 1 ' ¢ 4 _,.„-4;� } r l i iV g.,:, i OPPORTUN > _-u ' FITUNITV , g ^x .'..... , �. - ,... REGIONAL CONNECTION r �� i { .,. : y z a OPPO i § , � +_ _ , i ` { { Trail on reconstructed >' ° ; P r3" Q Existin trail: Shingle Creek Trail /Minneapo Grand Rou _ . . >r 1t 1 ••- TH 100 bridge ,,.°a. -. t ; , '1, . p l / S . , +,.. -...__ i.i g47 O PORTUNI1 V? , t i . ` x ` " • , \ '1. 4. i , i i :3 , � , "'a" FRANC A „ GIONAL CO NNECT IO N ; x Ag Trail ,, raded; under budge ; • i t r. , ,, ALTERNATIVE T - : w i " RE ' �:,w ; § ; g , ~r = -- -i witt}TH.log_constructlonY. °. ; 4. � • t�r"' ' ouh street _.._.. -. • • Posslble'CP /Soo Line $ : ,•0,. � ' � •. '+ $ r• l (}a ilroa d M } ` ou s tre at c .. ; ,. thr i 4 ' : r'S' • :: r 'si d` r ` � I TH 100 constrUCtion - -_ _ { _ __. , .. :Memorial Parkw .__, ^__....___ .. , _:, .. _ _ "° x ' "''' P ..... ' i i i ; .. : ' i § ,,,...., z- t " �'�.r•.∎ �,L - ,u A. . .. .�., i. ^- 5 > x / _ � 4.. i % t » i "ity ar # I � i , t . ` 45th Ave/Lake'Dri e I ANO COUNTY; S i s 6 Y 'a a. 100 . �` _ i ga ti on , i F ''' • r : rz+ , t _ i, - '� } : r ' x 5 r # .. M � ` ± ' . ,., �,• r is � �. FRANCE AVE/ - y''y ENNEPiN COUNTY P. < . \ I � . n,:M > F Y ' - Y 5 , t 4' • 1.,,:,,i.,, - ,. 3 i / • = 'ROBBINSDALE i`y'• Y % .I 45TH A.VE/LAKE DR s _ ; i .t 't - ? �' ; • ',... ', `.;. , 9 •' "^ Ti § { t N i ) • A ' :,. hi vo a RO � • REGIO L'CON �•�� a' f F Mi R oland _ t,. ? '� ' t, "t ` x i < :tik''. w3., i i Y i 4 's. 7 ._ r 42nd Ave N +n ' 1 ': % NORTH " R EGI ONAL CONNECTION a .: L e ., 4 , tr ' , ,. . t + ' _ 4 fi•4' , Possible C tal/Robbinsdaie Corridor . ' i I. �•• •• .- - ' - Existing Hennepin Parks Trail �— Brooklyn Center/Robbinsdale Trail Corridor Immediate Feasibility Primary Route Other Possible Trail Corridor. Primary Route DRAFT FOR REVIEW Existing City Trail Brooklyn Center /Robbinsdale Trail Corridor: Contingent Feasibility FEBRUARY 17, 2000 Planned City Trail Brooklyn Center /Robbinsdale Trail Conidor. Difficult Implementation IN Secondary Route - MN IN Possible Troll Corridor. Alternate Route __�.�_- _— __.___ .— ._�-- _�_ —_._ CoHSVar,rae Gsour, INC. - ICI -:, • ' . 0 • . • . . - Attachment T ye • , PLANTING REGUIREMENTS: ,. Is ... IS All tIllICIIIAL ALLIII ?t, 7 fa Po Se at O C)11 / 011 % LC' .....„.....,......... 236. 66161 1 166 72 . 1 00 WINN 1.1.1 es 162464 • 00 • • o/ 66666 1 Cl 663. • 5 PPL-At .4.,,,,,,,,„ = 616 64g 066/1 C66 4 ...4110101.001.1.1 ■ WW1 16664 reht• . . 111.411111.11e1 • AC0C404 0 11115 614 ••••• torzaz: 1°T .11.2211627 AL •7674063 ra•& 4004e0 perm. CIS MSC A Z 2 66 6 6 • 162 26 :=66 i t r W ."" 1"." :234 Z et 40 • 'W 214;40 pls. 1333.16 MIR •••• ' 3411;6114111 6161110 PL0N4144161. 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UPS • Awe 1•0••••• IAD a..•••■•••.s 40 4 .^•••••.- • • 0 '4 nwr CP amm a o nwes .. landscape Plan .9 ..... • Oih NE, ya 7-. --„..1„-_,...-4--f4 4 1 • 7__--- ,-, ,-.... 46116141 MD 6616 16 63164 • um PAWS LAM PAsticSIS STAU. " twos MAR . TINO DIELIMINAM PARKINS LOT BOULEVARD • • XERAES AVE. N. rut. ,••,. NuTfOliPirtlitlUCIO SECTION A. PARKING PUFFER , r9111179 I MAL VsotO. • f ff 64 sr 44 11.1 . .. . �� _ 35 ( ) _ P �" ''' t . . \ l 11 C--..--- U -.-I - III Ipok rpouu -[_,,, Ji ,..,...,ei J// 477, N.1_0,0:-71.111mitu(11 � �. `� P alm er. l Ax III (� EDO . \ 69tv 6 9th Ave \ N -- �il , _. 1 1 [ L ` u � Shingle Creek \ 36 — ■ ri \ � � �� F reew Blvd � � " z ! : � a. �► j oo � 4 Itt"ITO D -��? - - , M® ® �� a � 1 • rd A - n 1_0 � I L.__, : 1 �� -- '. = i - - - - - - - - Ilinirri° --..r.-_(... l ' l ) ' Al •.,,. , o- .; ,-. 1. 1 1 , . 1_____, ---- A\- / */ .144 ii & ii ,, 1 33 1. �_i A F / `ll1VII ■� v 1 ;,;', ° . . 1 Z . ooac 1 1 ) / . - mow, -__C 11_ = ,2 1 11 � 'ft R m N �, , m � :as ��� 1 _ iI Sidewalk/On Street L4 1 I _ � � ° ts Trail — �1 r I . • 4.4...Ersr...ek.. .: , li z 311 � % - -- —� gig . I 1 _ �c t.crE p _ ih ,. S 1 A 11 it 1 I11 Ii R . 11 !!. , 0 , fi : � I IIIII IIIIII' � \ - � , - 1 _.,..„1.44,.. t - f. i , � r 1 MNs '�! I r � �k;: � I . I �\ December 0 0.75 OS 0.75 c., € r .. x. _ s »fin 1 53rd Avenue Greenway 15 Environmental Preserve 30 Northport Park r � 1 2 Arboretum 16 Evergreen Pa 31 Northport School " 3 Bellvue Park 17 Evergreen School 32 Orchard Lane Park ••• _, ,, $ 4 Bob Cahlander Park 18 Firehouse Park 33 Orchard Lane School s 5 Brooklane Park 19 Freeway Park 34 Palmer Lake Park �� ; •� /�J� 6 Brooklyn Center High School 20 Garden City Park 35 Palmer Lake School I .. • " e Ave ` 7 Centerbrook Golf Course 21 Garden City School 36 Police Station 8 Central Park 22 Grandview Park 37 Riverdale Park 1 I u 9 City Hall 23 Happy Hollow Park 38 Twin Lake Park . I \ 0 Community Center 24 Kylawn Park 39 Wangstad Park " ;i 3 ; W :A- 11 Earle Brown Heritage Center 25 Lakeside Park 40 West Fire Station _ . 12 Earle Brown School 26 Lions Park 41 West Palmer Lake Park Ir./.., z, K 13 East Fire Station 27 Marlin Park 42 Willow Lane Park ♦. � I 14 East Palmer Lake Park 28 MCTO Park and Ride 43 Willow Lane School 29 North Mississippi Regional Park City Council Agenda Item No. 9i • 1 City of Brooklyn Center eT A great place to start. A great place to stay. 1 MEMORANDUM TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe FROM: Michael J. McCauley, City Manager DATE: March 23, 2000 I SUBJECT: Council Meeting Simulation at Brooklyn Center High School As indicated in Ms. Chamber's memorandum, Council meeting simulations will be conducted at the Brooklyn Center High School at April 17th and April 18th. We would like to know if any members of the Council would be available to take part in the simulations. The simulations are scheduled from 8:00 to 9:00 a.m., 9:30 to 10:30 a.m., and 1:00 to 2:00 p.m. on the 17th and 18th. • I 1 III 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • March 22, 2000 MEMO TO: Michael J. McCauley, City Manager FROM: pcle tY . Chambers Assistant Ci Mana g er i t SUBJECT: L Brooklyn Center High School Tours Council Meeting Simulation Over the past two years, City staff have been active partners with teachers at Brooklyn Center High School to provide a tour of City Hall and a "mock" Council meeting experience for 9th grade students. The City has hosted over 180 students to date in these tours. While the Police were still at City Hall, the tours consisted of the Police Depai tinent, Assessing, and Engineering. The tours have been limited to Assessing and Engineering since the Police moved to their new building. We have limited the tours to these departments as they have proven to be of the most interest to the students and provide staff with the opportunity to have "hands -on" displays of city . functions, such as the engineering design that takes place on the computers in engineering, and the tax assessment process that takes place in the assessing office. • The school has requested our participation on April 17 and 18 in the tours and simulation of a council meeting. The groups were last here February 7 & 8. There are 3 classes that come through each day, each one split in half, for a total of six tours and simulation sessions. As a change of pace, and in order to give assessing and engineering staff a break from the tours (they have hosted each of the 12 tours to date), I have proposed to the school that we have tours of the new Police and Fire buildings in place of the City Hall tours for April. The council meeting simulation would take place in the classroom, and then the tours could be completed. In my planning with the teachers, we also discussed the possibility of having the Mayor and Council members work with the students as part of the Council meeting simulation. The simulation was written a few years ago by the City Manager's association, and has proved to be an interesting learning tool for the students. The part that staff has played in the simulation is to be the Mayor, presiding over the meeting. This assures that the "mock" meeting moves along as the students each play their role. I can provide copies of the simulation exercise to any Council member interested in participating. I anticipate that the times needed for the simulation on Monday April 17 and Tuesday April 18 will be 8 -9 am, 9:30 - 10:30 am, and 1 -2 pm. 410 0 City Council Agenda Item No. 9j 0 • I City of Brooklyn Center A great place to start. A great place to stay. 0 To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCaul City Manager Date: March 23, 2000 Re: Status Report on Council Goals Attached is a status report as requested by the City Council on Council Goals for 2000. • • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer • 2000 City Council Goals (Goals are not in any order of priority) Goal No. 1: Support Brookdale Redevelopment By: • use of tax increment assistance • review and evaluation of land use applications • prompt construction and plan review /inspection • monitoring developer performance STATUS: Development Agreement signed with Talisman Brookdale, L.L.C. Preliminary plans submitted for comment by Inspection Division. Goal No. 2: Continue and Improve Code Enforcement and Compliance Activities By: • coordinated effort of police and community development departments • focus on high - density areas while continuing neighborhood enforcement • continue to evaluate additional approaches to achieving improved compliance STATUS: interdepartmental team meeting to finalize plan for Council review in April; hiring process started to fill neighborhood liaison position; new computer program implementation for tracking complaints & violations Goal No. 3: Increase Proactivity Towards Fighting Crime By: • increased visibility of police in neighborhoods • continue and expand participation rate in neighborhood watch program • include policy safety information in all City newsletters STATUS: information included in every City Watch; continued police work on visibility and continued high neighborhood watch participation Goal No. 4: Support and Encourage Northeast Corner of 69th Avenue and Brooklyn Boulevard Redevelopment By: • supporting and exploring responsible and credibly financed development proposals • ensuring that plans support the long -term goals of the City's Comprehensive Plan STATUS: Requests for Proposals solicited; one proposal for mixed use: senior housing over commercial received and being reviewed by staff for presentation to City Council • • Goal No. 5: Continue Planning for Community Center and City Hall Work By: • developing actual designs and cost estimates for project and improvements STATUS: reviewed concept estimates and feasibility to test cost estimates and suitability; finalizing review of that information may lead to conclusion that re- modeling is the only feasible alternative as the comparison cost estimates on a new structure are considerably higher than former architect's estimates that we discovered omitted fees Goal No. 6: Continue and Improve Long -Term Financial Planning By: • continue five -year planning for utilities and capital improvements • continue /expand five -year planning for other funds • review and develop contingency planning • move toward development of 2 -3 year budget projections for the City STATUS: planned as part of budget process this summer and fall Goal No. 7: Support and Promote Major Road and Street Improvement Projects: pp Major p J • start Brooklyn Boulevard with the County in the year 2000 (completion in the year 2001) • Highway 100: - continue support/participation in North Metro Mayors Highway 100 Council - keep project schedule with Mn/DOT - - support Highway 694 widening project, with improved sound walls, by Mn/DOT - support other arterial enhancements as opportunities arise STATUS: continued participation in North Metro Highway 100 Council; City participating with Robbinsdale on engineering study - staff continues to work with Hennepin County on Brooklyn Blvd, including review of options to ameliorate impacts on and lessen costs to acquire car dealers Goal No. 8: Plan for Destination Parks By: • develop plan for destination park improvements in Capital Improvement pP p P P p Plan STATUS: this is being explored by Public Works Department and reviewed by Park & Recreation Commission Goal No. 9: Support and Expand Joslyn Site Development By: • working with developer to complete phase II and III • STATUS: grant application for Phases II has been approved & potential for a I Phase III has been developed as a potential undertaking dependent on P P g future P f S proposals ; developer is having difficulty overcoming land write -down occurring in Brooklyn Park and Champlin which have reduced costs below bare land costs Goal No. 10: Continue to Improve Traffic Safety Focusing on Traffic Calming By: • continuing enforcement efforts through multiple resources • continuing and expanding information to the public on traffic safety and calming efforts STATUS: police continue targeted enforcement; we are exploring purchasing a new traffic counting smart trailer; information planned for inclusion in newsletters; safety camp again this summer; installation of new crosswalk signs in chartreuse color; public works evaluates projects for ways to achieve this goal Goal No. 11: Special Visioning Project to Create a Redevelopment Strategy Based on the City's Vision for the Future; and, Developing Opportunities to Promote Inclusion of ALL Residents in Brooklyn Center's Community Life By: • establishing 2 to 4 work sessions and retreats to be conducted during the period of January - March, 2000, to set direction and develop outlines for accomplishing goals STATUS: this project has been not yet started due to Brookdale and other projects 41) that have required council and staff focus and time • • City Council Agenda Item No. 9k • . March 24, 2000 • MEMO TO: Michael J. McCauley, City Manager FROM: e A. Chambers, Assistant City Manager SUBJECT: Award of Bids, New Liquor Store at Cub Foods A resolution authorizing award of bids for cooler equipment and flooring/wall materials for the interior of the new liquor store at the Cub Foods site has been prepared for Council consideration at its Monday, March 27 meeting. There is some urgency to awarding the bids due to lead time necessary for order of equipment and materials. The bids were opened Thursday, March 23, and the architect advises city staff that the low bid received for the cooler, and the one bid received for the flooring and tile materials are from reputable suppliers and are well within the cost estimates for the products. Only one bid was received on the bid package for interior flooring and tile materials. The architect's estimate for this bid package was $33,000, and the bid received is for $29,323. The company is known to the architect as a reputable supplier. III Three bids were received for the cooler. The lowest bid, that of $62,143 is from a company that the City has done business with before, and is known to the Liquor Store Manager and the architect to be a reputable supplier. The architect's estimate for the cost of the cooler was $72,000. Other bids were received at the bid opening that will be presented to the Council at a later meeting, once review of the bids has been completed. III Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AWARDING BIDS FOR COOLER AND FLOORING MATERIALS FOR THE NEW BROOKLYN CENTER LIQUOR STORE WHEREAS, the City Council approved a lease agreement for a liquor store at the Cub Foods Development Site by approving Resolution 99 -178 and in approving the lease agreement recognized the City would be responsible for completion of the interior portion of the liquor store site, and WHEREAS, Ringdahl Architects has developed plans and specifications for the completion of the interior portion of the store, including specifications for all equipment and materials necessary, and WHEREAS, bids were received on various portions of the work and were opened on March 23, 2000, following public notice required by law, and bids for cooler equipment and interior finishes were received as follows: Bid Package 9A- Including Ceramic Tile Floor Finish, Ceramic Tile Wall Finish, Resilient Flooring - Cork, and Carpet St. Paul Linoleum and Carpet Company $29,323.00 Bid Package 13A- Walk -ln Refrigerators, Complete AA Equipment Co. $62,143.00 St. Cloud Refrigeration $74,737.00 Steine Cold Storage, Inc. $85,550.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager are hereby authorized to proceed to enter contracts for the work to be completed under Bid Package 9A with St. Paul Linoleum and Carpet Company, and for Bid Package 13A, with AA Equipment Co. 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.