Loading...
HomeMy WebLinkAbout2000 06-12 CCP Regular Session , P AGENDA CITY COUNCIL STUDY SESSION June 12, 2000 6:00 P.M. CONFERENCE ROOM B 1. City Council discussion of agenda items and questions 2. Discussion of Development Projects - Joslyn site acquisition/expansion - 69th & Brooklyn Blvd. offer from remaining property - Willow Lane concept 3. Miscellaneous 4. Adjourn City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: June 8, 2000 Re: Discussion of Development Projects 1. Joslyn Site As indicated in Mr. Hoffman's memo, Real Estate Recycling is proposing to acquire the Dale Tile site to square off its development parcel. There had been some discussion at the beginning of the project about acquiring Dale Tile, but Real Estate Recycling did not reach an agreement with Dale Tile. Dale Tile is now willing to be acquired for the assessed value. Acquisition would provide a better traffic flow and long term re- development. The concept would use monies from TIF district #3 to underwrite the acquisition. The other issue raised in Mr. Hoffman's memo is further underwriting the cost of land. Other cities have underwritten bare land below the cost of land in Brooklyn Center. This item is brought to your attention for your review. We have been slowly successful in redevelopment by overcoming the redevelopment costs associated with developed property. I do not feel that we need to go beyond writing down the costs of acquisition and demolition to get bare land for redevelopment. 2. 69th & Brooklyn Blvd. There are two parcels that need to be acquired and removed to complete the parcel assembly on the Northeast corner of 69th & Brooklyn Blvd. The owner of Viking Blinds has offered to sell his property to the EDA at a total cost that is within the range of anticipated cost of acquisition and below the potential costs of acquisition through eminent domain. I would recommend going forward with the acquisition of the two remaining parcels: Viking Blind and the American Legion. This will facilitate redevelopment of the site. The other issue to whether to make improvements at Palmer Lake to provide regional storm water treatment, rather than construct a pond on the re- development site. A regional pond would appear to be preferable since there is more developable property and the elimination of the requirement for a small pond on site. Small on site ponds raise aesthetic and future maintenance issues. 3. Willow Lane The City has been approached by a developer interested in building houses on the site owned by the EDA on Willow Lane. We would like to review the concept to determine the Council's interest in 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 further development of the concept. 4. Financial Issues. Staff has been working on the financial forecasts for the TIF districts. While the conceptual issues are proposed for direction, an analysis of the source and use of funds would accompany a proposal for action at a later date if the Council wants to proceed in having these concepts pursued. • • • MEMO To: Michael McCauley, City Manager From: Brad Hoffman Subject: Current EDA Project Update Date: June 8, 2000 I would like to bring to you and the City/EDA an update of current development projects. The projects include the Joslyn Redevelopment, the redevelopment of the northeast quadrant of 69th avenue and Brooklyn Boulevard and finally development proposals for the land owned by the EDA along Willow Lane. Each of these projects is at a point where staff requires direction from the EDA in order to continue. Joslyn There are essentially two (2) areas of directions needed by the staff in order to proceed with this project. First, should the EDA amend its development agreement with RER (Real Estate Recycling) to include the acquisition of the Minnesota Tile /Sketch Book Tile site as part of the current development site? Second, in light of the level of subsidies being provided by other communities to competing industrial park projects, does the EDA want to take a more aggressive stance and provide a deeper subsidy or land write down to the Joslyn site? These two • (2) questions are currently confronting staff. Both questions or issues are independent of each other. In essence, the EDA is not obligated to answering yes to both questions should they elect to do one of them. As you will recall, the redevelopment of the Joslyn superfund site was identified as one of the Council's/EDA's top priorities for this year. The EDA has a development agreement with RER for a site that includes the former Joslyn Pole Yard, the Davies Water site and the off site parking of the Northwest Health Club. A soils TIF district was create in conjunction with the development agreement that includes the parcels noted in the agreement and it also includes the Sketch Book Tile site. The agreement with RER provides funding to bring the cost of land down to $2 per foot. TIF ($ 4 million cap) in conjunction with grants from the state and the met council are the sources of revenue being used to write the land down. TIF is on a pay as you go basis for a term of 10 years of full tif funding in each phase of the sites development if grants are received or 15 years of full tif if grants are not received. TIF district #4 is limited in its fiscal capabilities to generate any significant increase in revenue to accommodate an expansion of the project without substantially extending the term of the agreement. In fact, all tif generated in this district is dedicated under the current development agreement with RER to writing down the land to $2.00 per foot. It should be noted that the $2.00 per foot goal may not be met under the terms of the agreement because of the distinct possibility that insufficient tif will be generated within the ten (10) year time frame of the agreement. The Michael McCauley, City Manager Page 2 June 8, 2000 risk that this would happen is very real and is a risk undertaken by RER. One of the goals of the Joslyn redevelopment was to return the site to the general tax roles as soon as possible. The problem(s) that we are facing with the second phase of development are two fold. First, while there has been significant interest in the site most end users that have indicated an interest in the site would require the acquisition of Sketch Book Tile property to complete their proposed development. As previously noted, the Sketch Book Tile site is included in the TIF district but its development or inclusion in the development of the Joslyn site has not been addressed in our agreement with RER. At the time the agreement was being structured, RER was in discussion with Alan Dale about acquiring the Sketch Book Tile site. The two parties were unable to conclude an agreement at that time. The inability to come to an agreement was principally due to the initial MnDot design for the France Avenue/Hwy 100 exit. As originally conceived, the design required a significant taking of the property owned by Alan Dale. Since that time the design has changed and there will not be a need for a taking on this site. Mr. Dale was previously incline to see what offer he would receive from MnDot. RER and Mr. Dale have now entered into a purchase agreement for the site at a cost equivalent to the Assessor's value for pay 2000. The agreement is contingent upon Brooklyn Center's agreeing to write the land down to $2.00 per for RER and Mr. Dale receiving a letter from the City/EDA expressing our willingness to use eminent domain at this site. Such a letter provides certain tax benefits to him allowing him additional time to reinvest the ains in a like investment. The purchase price is 1 g p p $ ,200,000 or $11.33 per foot. The second problem relates to what our neighboring communities are doing. A short time ago the Joslyn site was the preferred site of Scherer Brothers to construct a window /door manufacturing facility. It was a two (2) phase project. The first phase was a 120,000 square foot building with over 85 full time jobs. The second phase was an additional 110,000 square foot building with approximately 150 more jobs. Both Brooklyn Park and Champlain offered to write down vacant land in pursuit of this development. Champlain appears to have gotten the project with a write down to approximately $1 per square foot. The EDA may want to consider two (2) actions related to the development of the Joslyn site. First, the EDA should give serious consideration to underwriting the acquisition of the Sketch Book Tile site. The site would be combined with the phase 2 development for purposes of clean up and development. The result of combining the parcels is a larger site that can accommodate two (2) large buildings. As currently configured, phase 2 would most likely have one (1) building with a significant amount of land left undeveloped because of its irregular shape. The addition of the Sketch Book Tile site tends to square off the site thus allowing better use of the overall site. Second, the EDA should consider whether or not it wants to compete for developments such as the Scherer Brother's development. In order to do so you would have to provide a deeper discount or land write down than what is currently offered. As an example, the Joslyn site with acquisitions and pollution cleanup is running approximately $12 per foot. Our agreement with RER is to write the costs down to $2 per foot with TIF not to exceed $4 million for the entire project. The tif subsidy is further capped by grants received from other sources and a time duration for tif for each phase. If sufficient grant money is received it reduces the tif Michael McCauley, City Manager Page 3 June 8, 2000 contribution which means that tif monies will be used to write down the cost of land to $2 per foot after all other revenue sources are accounted for but not less than $2 per foot. In Brooklyn Park, the Winnetka Association (the Marfield Group) purchased 54 acres of open land for $1.15 per foot in 1997. The City of Brooklyn Park provided up to $1.7 million in utility costs which effectively provides a write down of $.72 per foot. Marfield's land cost is effectively $.43 per foot. (See attached news article). On top of that they received funding up to 22.5 percent of the developers cost of building of the property. They have created significantly reduced land costs for clean vacant land and this is the site we compete with the most. Champlain is a similar story. There are a number of advantages to acquiring the additional property for the development. First, the additional 2.43 acres makes phase 2 a more attractive and useable 16 1 /2 acre development site for potential users. Currently, phase 2 is approximately 14 V2 acres. For industrial use the site in terms of square footage is at the smaller end of at spectrum and its shape is very limiting to the siting of a building. Second, the existing building is adjacent to Hwy 100. For a building located at an entrance point to the City it is not an aesthetically appealing structure and its potential future use is very limited. Third, upon completion a development such as the Scherer Brother's project would have added approximately $10,000,000 to Brooklyn Center's tax base above and beyond the current value of $1, 200,000. Fourth, to the extent the addition of the Sketch Book Tile property leads to a faster development of the Joslyn property, the faster the entire TIF district can be returned to the general tax roles. The current agreement with RER will continue for ten (10) years of full TIF levy for each development phase or until the eligible development costs have been paid off, which ever is shorter. Fifth, the acquisition of the Sketch Book property will eliminate the need for an access point to the existing site in close proximity to the new Hwy 100/France Avenue intersection. The France Avenue interchange as currently designed would provide the property with a right in and right out only. With semi traffic to the Sketch Book Tile site, this could be at source of great aggravation in the neighborhood since all traffic leaving the Sketch Book Tile site would have to go west and find a place to turn around in order to get back to Hwy 100. The project would be an addendum to the current agreement with RER. The EDA would reimburse RER through available TIF funds over at period not to exceed four (4) or five (5) years. RER would provide the up front financing of the acquisition and/or land write down. The cost would be $1,000,000 less any grants that might be received to offset the acquisition price. Staff has had conversations with DTED and Met Council staff about the acquisition and they have been supportive of the concept. To date Brooklyn Center has received 2 grants for the Joslyn cleanup from both DTED and the Met Council. However, while I am optimistic that we will be able to receive additional funding from other sources for planning purposes the EDA should assume that outside funding would not be available and that TIF monies would come from TIF District 3 which would be required to pay the entire cost of the land write down. Funding would be from TIF #3 as opposed to the Joslyn TIF district #4 because cash flows from the Joslyn tif district would not be sufficient without extending the life of the district considerably. Michael McCauley, City Manager Page 4 June 8, 2000 At the end of this year, TIF District 3 will have an accumulated fund balance of $2,487,488. After accounting for all current annual obligations of this tif district stating in the year 2001, the annual surplus tif will exceed $1,300,000 and grow each year there after. (See attached TIF District #3 Report). New development within the district will further escalate this growth in revenue. With a cap rate of 9.5 %, the annual cost or obligation of the district for the acquisition of Sketch Book Tile would be as follows: Annual Cost Total Cost 3 years $390,000 $1,170,000 4 years $307,000 $1,228,000 5 years $256,000 $1,280,000 If the EDA elects to write down the acquisition cost, the EDA would make application to both the Met Council and DTED for assistance with this project. As previously noted, I believe such applications would be looked upon favorably. The EDA could receive between $300,000 and $400,000 in additional grant monies. If funded then there would be a corresponding reduction in tif assistance and the dollar figures noted would be reduced. The EDA could also consider a reduced time frame and save the interest expense. Another option the EDA may want to consider is at further write down of the remaining Joslyn site. Currently there is approximately fourteen and at half (14'/2) acres. If combined with the Dale property about two (2) acres is added to the site.'As noted, we seem to be in constant competition with several sites in neighboring communities that are providing significant financial assistance. The primary competitor is the Duke site in Brooklyn Park. If the EDA were to write down the cost of land to $1.50 per foot the two (2) sites would be competitive. The cost of a write down of that scope would be about $360,000 for the remaining 16.5 acres which includes the Sketch Book Tile site. The EDA could also elect to do nothing more. The EDA may want to consider indicating a willingness to staff only to consider an additional write down for future developments dependent upon the specific development that is being proposed. This site will develop I would recommend that additional land write downs be withheld for that "special" development project. The disadvantage to the two proposals is the cost and that the projects would be outside of TIF district 3 and would count against our 25% cap. The 25% cap also includes administrative charges for the district. The cost for the acquisition and write down would be $1,360,000. The acquisition only would be $1,000,000. TIF districts are allowed to spend up to 25% of tif expenditures outside of a tif district but within a project area. Joslyn meets this criteria. The acquisition of the Sketch Book Tile site would be for redevelopment purposes and the removal of a blighted property/building. 69th and Brooklyn Boulevard To date the EDA has acquired all of the properties in the proposed redevelopment area of Michael McCauley, City Manager Page 5 June 8, 2000 the northeast quadrant of this intersection with the exception of the Duoos Brothers American Legion and Viking Blinds. Initial estimates g mates for the acquisition of the entire site including relocation and demolition was $2,500,000 to $2,750,000. At this time, total expenditures for the project including land acquisitions, demolition, relocation, legal, closing fees, special assessments, property taxes and miscellaneous costs are $2,019,739. There are still two (2) outstanding expenses not included. A relocation expenditure of approximately $13,000 for Laws Engine Repair and the demolition of the strip center still remain. The remaining two (2) parcels will cost and estimated $600,000. The total acquisition and demolition for the northeast corner of 69th and Brooklyn Boulevard should come in between $2,675,000 and $2,750,000. The EDA has requested development proposals on three (3) different occasions for this q p P p ( ) site. Each time we have received only a single response. In the latest round of proposals the EDA has received a proposal for a mixed development. The proposal before the EDA would be a four (4) story building. The first floor would be 25,000 square feet of retail space. The top three (3) floors would be affordable senior apartments. There would be 60 units in all. The proposed development would also have sixty (60) underground parking spaces. Again, we received only one (1) proposal. The proposal was submitted by GAD, LLC which is a limited partnership between Dunbar Development and Amcon Construction. As proposed, they would construct and own the 25,000 square feet of retail space. Above the retail space and under a different ownership (Wedum Foundation) there would be three (3) stories of affordable senior apartments. The units would be served by underground parking. The developers have a commitment from John G Kinnard & Co. to provide construction financing. This group has done similar projects in the metro area including the University Village at 2515 and University Avenue SE which consists of 196 apartment units and 26,000 square feet of commercial area and River City Center located in downtown Shockopee with 25,400 square feet of commercial and 52 senior units. They also have a similar development currently underway in Savage, Minnesota. Before this development or any other development can happen on the site the EDA must conclude the acquisition of the remaining parcels. Relative to the list of projects that can be undertaken by the EDA within the TIF district this one should have priority. If the EDA elects to go forward with the response to the latest RFP would be required to deliver the site clear of an encumbrances. A June start on acquisition would give us control of the remaining parcels by September /October. Another consideration for the EDA is the construction of a regional storm water retention pond at Palmer Lake that would service not only this redevelopment site, but also the St. Al's area including the property owned by the EDA on 70th and Brooklyn Boulevard and the car dealerships on the east side of Brooklyn Boulevard south of 69th. Public works estimates the cost of the retention pond at $150,000. A regional pond would eliminate the need for a number of such ponds located on the respective sites. The requirement for a retention pond limits the development potential for each of these areas. You will note that the conceptual plan of GAD, LLC includes a retention pond. Their proposed pond could be used as another building site. The relocation of the storm water retention pond to Palmer Lake needs to be given serious consideration because in absolute costs it is very inexpensive compared to the use of expensive Michael McCauley, City Manager Page 6 June 8, 2000 and potentially viable development sites. The downside is that while it would be a of eligible expenditure it would be counted against the City's 25% expenditure limit for projects outside of district. This is true even though the benefit is limited to properties within the District. Relative to the RFP received from GAD, LLC staff should be directed by the EDA to negotiate a development agreement with them for EDA approval if it is the desire of the EDA to see this development at this site. The terms and conditions of an agreement need to be negotiated but obviously subject to the approval of the EDA. Also, at this time I would recommend that staff be directed to proceed with the acquisition of the remaining two (2) parcels. It will be necessary to get control of the parcels if we are to see a development on the site in 2001. I would also recommend that the City/EDA give conceptual y g ual a royal to the regional and concept. PP t. g P P Without some direction it becomes necessary to require site plans that provide on site retention. This will be true for this development site as well as the car dealers in the immediate future. Remaining Projects Cost Estimate Viking Blind $380,000 American Legion $200,000 Regional Pond $150,000 Project Total $730,000 It would be my recommendation that these projects begin now. The acquisitions could start immediately for possession this fall. The regional pond would not have to start now but could be a future project. However, if the City/EDA elect to develop the pond it will remove an obstacle to the redevelopment of this area. 65th and Willow Lane The EDA has received an offer from Eagle Crest Northwest, a home builder, to purchase the EDA property at this site. They propose to build twenty one (21) single family homes with a townhouse association agreement. The offer is $200,000. Eagle Crest has built homes in a number of communities including Brooklyn Park and Plymouth. They can be available to discuss their offer and the product they wish to build. • City of Brooklyn Center Special Revenue Funds T.I.F. DISTRICT #3 2001 BUDGET 1996 1997 1998 1999 2000 2001 2002 2003 ACTUAL ACTUAL ACTUAL ACTUAL ESTIMATE BUDGET BUDGET BUDGET Revenues Tax increments 137,600 402,545 816,475 1,565,400 2,022,255 2,022,255 3,000,000 3,000,000 Investment earnings 1,853 7,321 23,817 37,832 25,000 25,000 25,000 25,000 Unrealized gain or loss 358 2,214 - 14,174 Total Revenues 139,453 410,224 842,506 1,589,058 2,047,255 2,047,255 3,025,000 3,025,000 Expenditures Contractual services 11,287 19,469 24,299 20,000 20,000 20,000 20,000 69th & Brooklyn Blvd Pay -as- you -go Sunlite 43,700 119,801 119,801 119,801 119,801 119,801 Pay -as- you -go Brookdale 850,000 850,000 Pay -as- you -go TGI Fridays 122,850 Total Expenditures 0 54,987 139,270 266,950 139,801 139,801 989,801 870,000 Excess or Deficiency ( -) of Revenues Over Expenditures 139,453 355,237 703,236 1,322,108 1,907,454 1,907,454 2,035,199 2,155,000 Other Financing Sources or Uses Transfer to TIF Bonds of 95 Fund 260,000 570,000 550,000 560,000 590,000 550,000 540,000 Total Other Financing Sources or Uses 0 260,000 570,000 550,000 560,000 590,000 550,000 540,000 Surplus or Deficit 139,453 95,237 133,236 772,108 1,347,454 1,317,454 1,485,199 1,615,000 Fund Balances January 1 0 139,453 234,690 367,926 1,140,034 2,487,488 3,804,942 5,290,141 Fund Balances December 31 139,453 234,690 367,926 1,140,034 2,487,488 3,804,942 5,290,141 6,905,141 f: \finance\budget \depts \624tif TIFDIST3.XLS 5/9/00 4:06 PM 2004 2005 2006 2007 2008 2009 2010 BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 25,000 25,000 25,000 25,000 25,000 25,000 25,000 3,025,000 3,025,000 3,025,000 3,025,000 3,025,000 3,025,000 3,025,000 20,000 20,000 20,000 20,000 20,000 20,000 20,000 850,000 850,000 850,000 850,000 850,000 850,000 850,000 870,000 870,000 870,000 870,000 870,000 870,000 870,000 2,155,000 2,155,000 2,155,000 2,155,000 2,155,000 2,155,000 2,155,000 530,000 510,000 500,000 480,000 470,000 460,000 440,000 530,000 510,000 500,000 480,000 470,000 460,000 440,000 1,625,000 1,645,000 1,655,000 1,675,000 1,685,000 1,695,000 1,715,000 6,905,141 8,530,141 10,175,141 11,830,141 13,505,141 15,190,141 16,885,141 8,530,141 10,175,141 11,830,141 13,505,141 15,190,141 16,885,141 18,600,141 flfinancelbudgetkiepts1624tif TIFDIST3.XLS 5/25/00 11:12 AM I I I l i l l \ .. . , - 7 ------,,,_____ / . ___. 1 , , , 1 J t 0 utlot A R��•r — aa Lot 1 . (Wickes) — Lot 2 Jos n Development Site — Lot 3 N ______p a r Proposed 1 Acquisitio . p t reeze Avenue NM , . - . N 1 ME li INEF ( H W -- "'" E � J) / z► a = S Brooklyn Center Engineering Division 6/00 BRC�� OOKLYN Joslyn Development Site and Adjacent Property .. 1_—/ ,,.,,„,, , ■ _ _ ti, - I to e OutlotA f° ,",Jicke8 v ( - ! 11 4 '+ . Jos/ n, eve op �" e = i 1`,, . w E � ; ai, ei ` er l + - - .- 4, � r; ,�" .6' �--. • # °!�c + - 4 — ' _ 1 1 1 n drop • " III ;, C i�1itN dP i1' -- -' sti4 s s ,p�ty".I wgy ',.. MN ake reeze �-en t r • i = nm uw.� M MN MI N ONI _ - L 1 ( ( k H 1 1 i O----- W r E S Brooklyn Center Engineering Division 6/00 rrof TE'R Joslyn Site and Adjacent Property Industrial park is rising in TIF d... Minneapolis /St. Paul CityBusiness wysiwyg: / /16/http: / /www.bizjournal...ies /stories /1997 /11 /17 /story7.html 4 Reasons _ .i to choose CAIS Managed Internet Access. tNTf.kNfT biz' urnal m" Alin /twincities Home : Minneaoolis /St. Paul : Archive : 1997: November : Week of November 17, 1997: Leadino Stories Story Options Leading Stories 411 Pritilli ile version r:`. ClitialtgrOWitArIgird From Minneapolis /St. Paul CityBusiness OW a e • A, I n d ustrial park is rising in TIF Week of November 17, 1997 district ° pDailWEditiortra:`" . ` Leading Stories Brooklyn Park approved new district this year tndiidt NewssGOlumns ; li all blit s5; s Dirk Deyoung Staff Reporter \*attiS€ B t1 ma .Firianc� � � ; : At 1 �t 5 i • ; A 180 -acre Brooklyn Park tax increment district approved by the City Cp In p , , • Council earlier this year is quickly producing the industrial park it was Other 4 a u ' :1V.>`;' supposed to create, ii1ti=t•fiiaJ►alg,ft:t=m St. Louis Park -based Marfield Belgarde and Yaffe Cos. is developing a Sam3Zell wili:buy-= s,w 50 -acre site called Crossroads North Business Center, starting with two t LaSallwPlazag f: "- multi -tenant office /warehouse buildings totaling 226,300 square feet under 'F'airvleVteams°withlSt'e construction. Both are being built on spec, meaning that no tenants have Luke"s` al ` , • signed on yet. p , 1 x Pi n " elie:. ro ects:f(crvu��;; 4Asian crisis causes:b: ._:' : One of the buildings under construction will occupy 158,000 square feet, :�concem;.not°Danic = t: with 25- foot -high ceilings in the warehouse portion, which is in line with Coo erati e A distribution - center needs, said Dan Swartz, the other CB broker on the `,rscraps *Fiber©ne < The other structure will occupy 63 300 square feet with ,... project. PY q "Unisourceyolens ` ' '»- 1 18- foot -high ceilings. Coroorate'campuS :::7 --...32 Industrial Dark i s risino Crossroads North is located at the intersection of West Broadway and 93rd in TIF district avenues, a few blocks east of Highway 169 and even closer to the proposed . = patent =flK �` •eledi i gets CC z, ' � , ; , ;; r. Highway 610. "The area is a very strong market. There is a scarcity of : 2-10:,.,4.'-: - . , attractive available land, " Swartz said. Because the property is in a tax increment financing (TIF) district, the city is paying up to $1.7 million in utility costs as well as 22.5 percent of the developers' costs in building on the property. Those costs are repaid to the city by the increased generation of tax revenue in the district that is caused by new development. The Crossroads project is only one of several either recently completed or under construction in Brooklyn Park. Also in the new TIF district is the 35 -acre Wyoming Business Complex being developed by owner Martin Woody. Current developments there include a 27,000- square -foot industrial building for Technical Resin Packaging Inc., which is currently leasing 1 of 3 05/30/2000 2:17 PM Industrial park is rising in TIF d... Minneapolis /St. Paul CityBusiness wysiwyg: / /16/http: / /www.bizjournal...ies /stories /1997/1 l /17 /story7.html space in Brooklyn Center, and a new 50,000- square -foot building for International Packaging Inc., which is now located in Golden Valley. TIF is often used by cities to spur development in blighted or vacant areas. Because of the assistance, "we can build a higher - quality project than what market rents would justify," said Dennis Panzer, a broker with Bloomington -based CB Commercial, which is marketing the project. The city believes it can fill up the new district within six years, based on the tremendous amount of activity in the city during the past few years. "This is an exceptionally busy time," said Ann Nisiewicz, the city's business development director. She credits the city's proximity to major highways, including 169, the proposed 610, as well as highways 81 and 252 and Interstate 694 for the interest in the city. "We are crisscrossed with a great highway system," she said. Another major development in Brooklyn Park, outside of the new TIF district, has been Northland Park, a business campus that rose out of 96 acres of raw land in fewer than three years and now has only about 10 acres left, said Chris Hickok, a broker with Bloomington -based United Properties, which is representing the business center. That complex, located at the interchange of 169 and 694, has attracted the 100,000 - square -foot corporate headquarters of Avecor Cardiovascular Inc., the 100,000- square -foot headquarters for Recovery Engineering Inc. and the 80,000- square -foot headquarters of Angeion Corp., which has room to expand another 30,000 square feet, Hickok said. But there are concerns across the metro area that there's more industrial space going on line than there are tenants ready to fill it. The northwest sector, which includes Brooklyn Park, is no exception. A recent report by Minneapolis -based Towle Real Estate Co. found that the vacancy rate for office /warehouse properties rose from 4.2 percent in 1996 to 7 percent in the third quarter this year. Net absorption of existing space was minimal, at 28,704 square feet, leaving recent developments empty at the time of the report. However, that vacancy rate was still the lowest among all metro -area sectors. Ron Scholder, a senior broker with Towle, said that despite the numbers, the area is attractive because of its proximity to a large labor pool. "Employee retention has become the key to moving anybody in the Twin Cities," he said. Panzer isn't concerned about the numbers, either. The maturity of the Northland park as well as others in Golden Valley and St. Louis Park means that industrial users will be migrating up Highway 169 to Brooklyn Park. Pointing to the new corporate headquarters in the city, he said, "The reason these guys are all moving north is they can't find the land in these traditional markets." 2 of 3 05/30/2000 2:17 PM Industrial park is rising in T1F d... Minneapolis /St. Paul CityBusiness wysiwyg : //16 /http: / /www.bizjournal...ies /stories /1997/11/17/story7.html • Copyright 1997 American City Business Journals Inc. — Click for permission to reprint (PRC# 1.1645.65255) Top of the pane Home 1 This Week's Contents I Daily Edition 1 Search /Archive 1 Extra Edge I Contact Us I Other Journals All contents of this site © American City Business Journals Inc. All rights reserved. At present, there is no charge for access to arty sites maintained by American City Business Journals. Minneapolis /St. Paul CityBusiness email: twincitiesebiziournals.com Privacy Policy I User Agreement 3 of 3 05/30/2000 2:17 PM . . . . . . . . . . . . . N \ \ 70th Avenue North ,.....„, , .. .. . .„ , ,.. ... . _ - , , r ,,,, ‘ ,,,, . ,,,,,, , , I , ,• , , , .:., 4444:1 „ ,‘ s, 1: 6, 4 N „ .. ,,.\\ ,,,,\.,,.,, \ ..,,,, , 4 ,, , w , :l ,,,,,,,,V, \ AN, .e • ••••\•,•.• 1., •*;`,,`, O. . :i. \:-.,, ” \• 4SF : 1 1 Q ‘ \ v/1 _.... w.• \ 1 — CD N \ Z / 69th Avenue North \ \ , \ \ \ N , / W — , E / S Brooldyn Center Engineering Division 6/00 " yet 69th Avenue Redevelopment Area BROOKLYN CENTER Proposed Acquisitions • \ .-,._ � ism I I I I I I I I I I I I I I I I I I I I L , Kra 11 Alr in- irlizi . .... � at: /: :: Nvi nn o' '4 01: . .. am. :■ D " iii OM I � nn n ! .ill�/11 % • 1 ■ fi ■■■ ■■■ � ' 114 &4� � C Palmer nn (fT1 l i I I I . air Lr— . . i� �� Lake J !, ■■■ — Ian! E . aa ow -- — - . a ' r" w` - ■ � i\ " _ ■ j � „ i �� � � Nos , 2 MOE "� �� ■1 ■a \ MIN p rut r 69th Ave POnds , ... .. H1 ��\ \ \ �� �� : ,ice a • • Ea in i. — V . i um - MI .Ewa — t — i ._ u " .. u / 1 Or .\ .,;,...w. , , _ -.ft \\ 2 III: --=1 'i 11H111111 \'' tta " "// ■•EM . \H\\I�, t\\\ 5► \ e 1 :■ ■= �■..... ' . : ! I I I I I l I l 1 1 111 ! ! ! I - 111t0 1 :■ = au SIB ■ ■■�/■. �1. I\ � i i I I I I I I � � 1 I I H H I I H I I I I I I I I I I I I I I I _ fir ■..mi T���� Brooklyn Center Engineering Division, 6/00 ay of Approximate Draina a Area, N OKLYN W E CENTER West Palmer Regional Ponds s PURCHASE AGREEMENT Date: April 19, 2000 Received of Eagle Crest Northwest, Inc., a Minnesota Corporation, (Buyer), the sum of One Thousand Dollars ($1,000) check as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or before the next three business days after acceptance, in a trust account of Land For Sale Inc., Broker. Said earnest money is to be credited as payment toward the purchase of +/ -5 acres excluding existing right of way as depicted in the attached Exhibit A.The exact legal description is to be supplied by Seller's Surveyor. Seller has this day agreed to sell to Buyer this property and all of the rights that go with it, excepting any preexisting and previously recorded easements. The purchase price is $40,000 /acre or $200,000 subject to exact acreage from Survey. The purchase price is to be paid as follows: $1,000 earnest money $199,000 cash at closing The closing is to be within 30 days of preliminary plat approval by the City of Brooklyn Center. The closing is to be at Old Republic Title in Brooklyn Park. Property Information Within fifteen (15) days of the date hereof Seller shall cause to be furnished to Buyer, any test reports, leases, maps, surveys, engineering studies, development agreements, etc, and all other information which Seller has and which concerns or may affect the development of the Property. The information provided to Buyer shall remain the sole and exclusive property of the Seller and shall be returned to Seller in the event closing does not occur pursuant to this Agreement. Permission to Enter Property: Seller gives Buyer permission for Buyer and Buyer's agents, employees and contractors and invitees to enter the Property to perform surveying, soils and engineering tests, or any other investigation necessary to development of the property. Buyer to make appointment with Seller if Buyer wishes to visit inside of home. Buyer indemnifies Seller from any harms or actions to Buyers or Buyer's agents, employees or contractors while on Property. Contingencies: All Contingencies are to be at the sole expense of the Buyer. A. Buyer shall have obtained all necessary related approvals from local, regional and federal government authorities regarding Purchaser's proposed project as well as zoning and /or Preliminary Plat approval from the City of Brooklyn Center ( "City ") for the development of the Land into lots for single family homes 1 with a homeowners assocation, all of which must be satisfactory to the Buyer. B. Buyer shall have determined that the soil conditions of the Property are satisfactory for the development and the Land contains no hazardous materials. C. Buyer shall have determined that existing easements, regardless of type, do not materially and adversely affect the intended development of the Property. In the event the contingencies are not satisfied then Buyer and Seller agree to sign a cancellation and the Earnest Money is returned to the Buyer. Upon performance by Buyer, Seller shall deliver a General Warranty Deed conveying marketable title, subject to: A) Building and zoning laws, ordinances, State and federal regulations; B) Restrictions relating to use or improvements of the property without effective forfeiture provision; C) Reservation of any mineral rights by the State of Minnesota; D) Utility and drainage easements which do not interfere with existing improvements or Buyer's planned improvements. Real Estate taxes will be prorated from the day of closing between Buyer and Seller. "Green Acres ", if any, shall be paid by the Seller. Buyer shall pay on date of 1 deferred and pending closing all special assessments currently levied, de e p g as of the date of closing. As of this date, Seller warrants that he has not received a notice of hearing for a new public improvements project from any governmental assessing authority, the costs of which project may be assessed against this property. If a notice of pending special assessments is issued after the signing of this agreement by both parties and on or before the date of closing, Buyer shall assume payment 1 Seller and Buyer to s of any such special assessments after closing. split the cost of y p the Closing Fee. Seller to pay State Deed tax. Buyer shall take possession of the property at closing. Representations and Warranties of Seller Seller represents and warrants to Buyer as follows: A. Seller has the authority and power to enter into this Agreement and to consummate the transaction contemplated hereby. B. The Seller is the owner of the Property described in paragraph 1. C. There are no lawsuits pending affecting the Property or affecting the right of Seller to convey the Property. D. Neither the Seller nor any agent or employee of Seller has actual knowledge of nor has received notice of any suits, judgements or violations relating to or at the Property of any zoning, building, fire, health, pollution, environmental protection or waste disposal ordinance, code, law or regulation which has not been heretofore corrected, E. There are no pending or threatened eminent domain proceedings affecting the Property or any part thereof of which Seller has notice. F. There are no violations of any covenants, conditions or restrictions of record with respect to the Property. 2 • G. Seller makes no representation regarding future real estate taxes for the Property. Seller represents that it has no knowledge or information of any pending or contemplated proceedings for public improvements which could or might result in the levy of any special tax or assessment against the Property except as may be related to future development of The Property. H. To Seller's actual knowledge (without prior investigation), no hazardous waste or hazardous substance (as those terms are defined in any and all applicable federal and /or state laws) or any other toxic substances, petroleum, asbestos, PCBs or pollutants or contaminates have been generated, stored, used, buried or disposed of on, in, under or otherwise at or in a location that will contaminate or otherwise adversely affect the Property, or the ground water located thereunder and Seller has not used the property for or engaged in the business of, the generation, transportation, storing, treating or disposing of any "hazardous substance" or "pollutant" or "contaminant" included within the definition of such terms under Federal, State or local statute or ordinance now existing or hereafter enacted or amended. Seller has no knowledge that any other person has used the property for the disposal of waste, Seller has not knowingly permitted use of the property for the disposal of waste. I. Seller certifies that there is are no wells or sewage disposal systems on the property. Condemnation If, prior to the Closing Date all or any portion of the Land is taken by eminent domain (or Seller obtains notice of information that the Land is the subject of a pending or contemplated taking which has not been consummated), then the Seller shall notify Buyer of such fact and either Seller or Buyer shall have the option to terminate this Agreement upon notice to the other given not later than ten (10) days after receipt of Seller's notice. If neither exercise this option to terminate this Agreement, then the parties shall close the transaction contemplated hereby in accordance with its terms, but subject to such proceeding, in which event the Purchase Price shall not be reduced and Seller shall assign and turn over, and Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain. RISK OF LOSS: If there is any loss or damages to the property between the date hereof and the date of closing, for any reason including fire, vandalism, flood, earthquake the risk of loss shall be on Seller. If the property is destroyed or substantially damaged before the closing date, this purchase agreement shall become null and void, at Buyer's option, and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of purchase agreement. Seller shall reimburse Buyer for all title work and third party reports. This constitutes the entire agreement, with any attached addendums signed by the parties. This purchase agreement can be modified only in writing signed by Seller and Buyer. 3 . Default: If buyer defaults in any of the agreements here, Seller may, as sole remedy, terminate this Purchase Agreement, and payments made hereunder may be retained by Seller as liquidated am y q damages. If Seller defaults Buyer may seek actual damages for breach of this agreement or specific performance of this agreement, and as to specific performance, such action must be commenced within six months after such action arises. TITLE AND EXAMINATION: Seller shall, within 30 days after acceptance of this Agreement, furnish as Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches, covering bankruptcies, state and general judgements and liens. Title work to be done by Northwest Title of Brooklyn Park. Buyer shall be allowed 30 business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, Seller shall be allowed 120 days to make title Marketable. Pending correction of title, payments thereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If title is not corrected within 120 days from the date of written objection, this Agreement shall be null and void, at option of Buyer, neither party shall be party for damages hereunder to the other, and earnest money shall be refunded to the Buyer. Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction, alteration or repair of any structure or improvement to the property. REAL ESTATE BROKER: Buyer is represented by Laurie E. Karnes of Land For Sale, Inc., a Minnesota Licensed Real Estate Broker. Buyer is responsible for any commissions due to Broker as a result of this sale. All terms of this agreement shall survive the closing. I, undersigned owner of the above property, do hereby approve the above Agreement and the sale thereby made. City of Brooklyn Center by its date I hereby agree to purcha the said ,r perty for the price and upon the terms above mentioned, subjec all co ns hereby expressed. --) M il 4.(i Ici/) Eagle Crest Nofth st, Inc. by Rd Gleason, Its Vice President Dat 4 VY.11 /VV 1 c.01.8 CAA a14C4fa•t6 web KIM) kMUM. SRRv1Ch'S • 141 005 N ) ' 1 04/11/00 12:35 FAX 6129375822 WES•r400D PROF. SERVICES ® 004 • -V -- -' .... r ..... 0 t _.�1 . . I �--- - •• Ls .I ......_ ....._ 4:1; N h• • I ..........,, , , ________, • ,•• 1 o .4 .....„.. I • v n •• \-..." . 1,7 Vim. t L_ • \ •Z C) . tg • V k 1 4\ e . • (s i 4s. I .. . .........\............\. . ........\.......... 1\ .• • • 3..........." I. i • AIM I \ f • I i :•y`. .tt ' �', Jr�...•.• . t l,, ?'z•; t ,,' ,K • d: 4 �r ;\. 4 i,: .' 's n r't ' :i �.• 1'Y,' ''J •Y it - j• :1 ' r' • .) • .f ' 7' w ' e i Y••' \ ti r ,-V I ; {.,: �..= ;' } °t, I �i -Ji:. "t•� 1:' '�. �, J . � Y i. •SI i " - • �. ,�_ • '�• .; ' � . t l : - .i • ••• 1•..,. • .l.': • >Z I • J ^ ,l' L • `' 4 1505 : .�1 °hn�g ton. .,... '� . ° f • a& :. r�Y', , • rem • t ^ ' * ° II. � f ,. , •+r ah • ,, .r•, i . s fi -Bedroom • Living . _nti Jrn • 'dt `u ' S, WE •14x12 Room • '''' ; \.- --- y. : � s _ -W - —� ^ , �. • Vj ie 3S t 'tl i p�ll It. .n 16 x 13 . . Z ;. : •. + Fi1u Sri. 11} i t' arPr II/�iu Dining ' • = 1 1. 111 „\ i ././.4z, • -4: aD D [JO _ — _ -If/ _ 4 s --:7:--,:i........ . 4lt , h Kitchen ' Y: _ 'd 7ocunDE,- a .. 4.,. . " M � ` - • _' 11 .. ' � i , 13.4 x 14 • • �=t`,.,vu • i om �mL` LL u.. _' . , I(�umm lalll i n uGlI • ,�" It t• , • - . .. 1 u YI m 1 d "r „ 1 rr.. L.,.,1 , . ,aye ,:/ 1 lt ^ ,.,,I �;,• „ uliw ll � 1b i lrr.u , , uli• m .. , 't '• . ,. rL : .. llr : LL7T7r - , a ln n` i M1e. - t t 2 0x24 • • • Ben tly: • Optonal I V.V V sq.-f .. eet. • 4 Season 1 Por 1 '. .. - , ,. _ 14x12' .. ., • y I Z ual• Master . '4: '' • a• , . • •• Room uut aq uu�• Bed room -,C. -,C. . : C W t a e 15 z 16 . � G= i 1 3 z 14 , • • Vr1 o { ' „fi UI 1 u u•• • • Y , ,Vl ` pn k ! / r rk arr� �_ mow �1nl ' Dining iu • • • �`�'7- ,may � `: Y Room ; ` • :�.. . • • �+ 7 �- s - ` °3� • 1? x 11 'La,m• O .-.r / �,� :� ,w ` _ - �w .1 F 7 x 6 Ue� Beliroom ,' — z, - .,,--- ;�..t 1 ., }1 f..1 1, 12x11 • • `►�� �ca ' I .I x h !tW uu f ll Kttchcn . � _� S _ 2.2:-Z__ z 1 . 19x13 ? :atilt y 1] :�E__ = �` ° ❑COCOCmg Foyer` . • • nn 00000L� s s . R' s, � - Dinette ;474.1114%. i li u W I1�... e �,i�,i'l Cn i� N ',SINN - .. • . Gatave • ') yy� - -1 ._ •U ,, µlu u l o -,Y,u ` mc. , . ,6, ` + ,, . , • • • tt 11' �ll�llu.. , t \ u,IIINtM Y1YnAW�� \l,b i l l 1 I1� . ., r...� %r 21 x 24 a • . - _ , Ur . • .tlyill54 , nwlnn u,,,•. - Y • . •• • '. "... • • PUBLIC COPY CITY COUNCIL MEETING S City of Brooklyn Center June 12, 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. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and q g 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. May 22, 2000 - Study Session 2. May 22, 2000 - Regular Session b. Licenses c. Resolution Declaring Surplus Property d. Resolution Amending the 2000 Central Garage Budget and Authorizing the Purchase of a Chevrolet Suburban for the Fire Department e. Resolution Approving Change Order No. 1, Improvement Project No. 1999 -12, Contract 1999 -B, Lift Station Nos. 8 & 9 Replacement II CITY COUNCIL AGENDA -2- June 12, 2000 f. Resolution Authorizing Execution of a Limited Use Permit for a Trail Within State Right of Way for the Brooklyn Boulevard Trail g. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees 7. Public Hearings a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning -This item was first read on May 8, 2000; published in the City's official newspaper on May 17, 2000; and is offered this evening for a second reading and public hearing. •Requested Council Action: -Open the public hearing. - Take public input. - Close the public hearing. - Motion to adopt ordinance. • 8. Planning Commission Items a. Planning Commission Application No. 2000 -011 submitted by the Brooklyn Center Economic Development Authority. Request to Rezone from R -5 (Multiple Family Residence) to C -1 (Service /Office) the property at 6421 Brooklyn Boulevard to eventually accommodate the expansion of the Brookpark Dental Clinic. The Planning Commission recommended approval of this application at its May 25, 2000, meeting. Resolution Regarding Disposition of Planning Commission Application No. 2000 -011 Submitted by the Brooklyn Center Economic Development Authority •Requested Council Action: - Motion to approve Resolution Regarding Disposition of Planning Commission Application No. 2000 -011 Submitted by the Brooklyn Center Economic Development Authority. b. Planning Commission Application No. 2000 -012 Submitted by Talisman Brookdale, LLC. Request for Preliminary Registered Land Survey approval to modify two existing tracts of land at Brookdale Center to reflect building expansions recently approved for the shopping center. The Planning Commission recommended approval of this application at its May 25, 2000, meeting. •Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -012 subject to the conditions recommended by the Planning Commission. • CITY COUNCIL AGENDA -3- June 12, 2000 9. Council Consideration Items a. Resolution Expressing Recognition and Appreciation for the 29 Years of Dedicated Public Service of Officer Dick Fryer with the City of Brooklyn Center •Re ue ted q s Council Action: - Motion to adopt resolution. b. Resolution Thanking The Brooklyn Center Lions For Their Gift in Support of Arbor Month •Requested Council Action: - Motion to adopt resolution. c. Staff Report Re: TH 100 Segment 4 Design •Requested Council Action: - Motion to adopt resolution. d. Resolution Recognizing Phil Carruthers and Proclaiming June 22, 2000, as Phil S Carruthers Day in the City of Brooklyn Center •Requested Council Action: - Motion to adopt resolution. e. Code Enforcement Report •Requested Council Action: -City Manager will provide report. f. Resolution Designating Recognition of Mary Jane and Art Gustafson and Leonard Lindquist •Requested Council Action: - Motion to adopt resolution. 10. Adjournment • S City Council Agenda Item No. 6a • • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 22, 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 and was called to order by Mayor Myrna Kragness at 6:47 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. Donna Zieska, 5455 Brooklyn Boulevard, expressed that she was pleased with the recommendation to name the ponds at Centerbrook Golf Course after Mary Jane and Art Gustafson. She also confirmed June 5, 2000, as the special City Council meeting date with Sharing and Caring Hands. Councilmember Lasman discussed a letter from Representative Phil Carruthers suggesting the City Council consider a wetlands boardwalk over the marshy area to the south and west of the Hennepin County Brookdale Library. Mr. McCauley explained that currently there are no resources available for this project, but it could be considered in the long -range planning for the trail system as part of the park Capital Improvement Program. Councilmember Nelson discussed a letter from legislators addressed to NSP regarding housing issues at Summerchase Apartments and inquired if the City is working to address these issues. Mayor Kragness said that the Association of Apartment Managers (ARM) meets regularly to review and discuss apartment- related issues. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman and seconded by Councilmember Nelson to adjourn informal open forum at 6:56 p.m. passed unanimously. 05/22/00 -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 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also present: City Manager Michael McCauley, Assistant City Manager Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Nelson reported that he attended the Earle Brown Days Committee meeting on May 16. The Earle Brown Days Festival is scheduled for June 22 through 24, and one of the events this year is an inter - generational tennis day on Saturday, June 24. Councilmember Nelson also attended the Park and Recreation Commission park tour on May 16. Councilmember Lasman attended the Crime Prevention Fund meeting on May 17 and the Crime Prevention golf tournament on May 19. Councilmember Lasman also attended the Police Department open house on May 20. Councilmember Hilstrom attended the May 20 Police Department open house, and approximately 300 people toured the police station. She commended Police Department staff for their work in hosting the open house. Mayor Kragness displayed a plaque which was presented to the City for the Highway 100 ground breaking on April 27, 2000. The plaque will be displayed on the City awards wall in City Hall. Councilmember Hilstrom noted the artwork which was displayed on the wall behind the City Council dias. Council Consideration Item No. 9a, Staff Report on Human Rights Art Display, was moved to Council Report for discussion. Assistant City Manager Jane Chambers explained the Northwest Regional Human Rights Coalition held a Kids Who Care art contest for 6th, 7th, and 8th grade students to express universal human rights issues. The winning artwork was part of a traveling art show being displayed at City Council meetings throughout the Northwest region. The 1st prize winner was awarded to Jessica Kay, grade 8— Plymouth Middle School, for her entry called Friend, Kids Who Care; 2nd prize belongs to Sara Bondhus, Maple Grove Junior High, for her entry called Diversity is more interesting; and 3rd prize was awarded to David Clark, 8th grade— Hosterman 411 05/22/00 -2- DRAFT • Middle School, for his piece called The flag of peace. The judges' favorites and honorable mention were also displayed, for a total of 26 winning entries. 6. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to approve the agenda and consent agenda passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to approve the minutes as printed from the May 1, 2000, Board of Equalization; May 8, 2000, Study Session; and May 8, 2000, Regular Session, passed unanimously. 6b. LICENSES A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to approve the following list of licenses passed unanimously. MECHANICAL Centrair, Inc. 7402 Washington Ave S • Dependable Indoor Air 2619 Coon Rapids Blvd Flare Heating and A/C 9303 Plymouth Ave N #104 Minnesota Heating and Air 10701 93rd Ave N Silvernail Ent Ltd 3645 Perry Ave N RENTAL Renewal: Earle Brown Farm Apartments Earle Brown Farm Apartments Georgetown Park Townhomes James E. Wiensch 1200 67th Ave N Tom Morrow 1600 69th Ave N Roland Scherber 7018 Brooklyn Blvd Thomas Schaff 7212 Newton Ave N Roland Scherber 5400 -02 Russell Ave N Bruce and Karen Vanderschaaf SIGNHANGER Minnesota Sign Company 791 S Garfield Street 05/22/00 -3- DRAFT 6c. RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES RESOLUTION NO. 2000 -92 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6d. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #2 TO U S WEST WIRELESS FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS RESOLUTION NO. 2000 -93 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE ON WATER TOWER #2 TO U S WEST WIRELESS FOR THE PURPOSE OF INSTALLING WIRELESS COMMUNICATIONS ANTENNAS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000 -94 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. S 05/22/00 -4- DRAFT e 6f. RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS RESOLUTION NO. 2000 -95 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY MANAGER TO WRITE -OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE AND RETURNED CHECKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7. PUBLIC HEARING 7a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING CHURCH AND EDUCATIONAL USES City Manager Michael McCauley discussed that the Planning Commission studied the issue of permissible uses with respect to churches and school or educational uses in the general commercial districts, Cl and C2. Based on that study and review, this ordinance was developed and is offered for a public hearing this evening. The basic change in the ordinance is that in multiple family residence districts, public and private elementary and secondary schools are set forth as a special use and provides that access must be through specified types of streets, collector or arterial. In the Cl and C2 zone, it clarifies that the only educational uses that are permitted in general commercial areas will be post secondary schools. It also clarifies that places of worship are permitted uses and separates out and indicates that libraries and art galleries are also permitted uses in a Cl or C2 zone. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses passed unanimously. No one wished to address the Council. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Church and Educational Uses passed unanimously. ORDINANCE NO. 2000 -06 Councilmember Nelson introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING 05/22/00 -5- DRAFT L CHURCH AND EDUCATIONAL USES The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 2000-005 SUBMITTED BY CHARLES AND VIVIAN CLOUTIER REQUESTING A RESUBDIVISION TO UNCOMBINE, OR RESUBDIVIDE, TWO OF THREE UNDERLYING LOTS AND A VARIANCE TO ALLOW A SUBDIVISION OF LAND BY METES AND BOUNDS DESCRIPTION AT 5318 62ND AVENUE NORTH Mr. McCauley introduced Planning Commission Application No. 2000 -005 submitted by Charles and Vivian Cloutier requesting approval to uncombine, or resubdivide, two of three underlying lots and a variance to allow a subdivision of land by metes and bounds description rather than by formal plat at 5318 62nd Avenue North. The three lots were combined into one parcel in the early 1960s for tax purposes. The uncombining or resubidiving of the lots requires City approval. The requested variance would allow a metes and bounds division of land that would leave resulting lots meeting the minimum lot width and area requirements and having no setback deficiencies or property line encroachments. The Planning Commission recommended approval of this application at its May 11, 2000, meeting. There was a motion by Councilmember Peppe, seconded by Councilmember Nelson to approve Planning Commission Application No. 2000 -005 submitted by Charles and Vivian Cloutier subject to the following two conditions: 1. The legal descriptions and survey showing the re- establishment of the underlying parcels and the division of land shall be filed with Hennepin County. 2. The City Assessor is authorized to process the resubdivision in conjunction with Hennepin County and to acknowledge the newly established legal descriptions. Motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 2000-006 SUBMITTED BY ERICK AND SUSAN BATES REQUESTING A SPECIAL USE PERMIT FOR A HOME OCCUPATION INVOLVING THE USE OF EQUIPMENT NOT CUSTOMARILY FOUND IN A RESIDENTIAL DWELLING AT 6413 NOBLE AVENUE NORTH Mr. McCauley introduced Planning Commission Application No. 2000 -006 submitted by Erick and Susan Bates requesting a special use permit for a home occupation involving the use of equipment 05/22/00 -6- DRAFT not customarily found in a residential dwelling at 6413 Noble Avenue North. Planning and Zoning Specialist Ron Warren explained that the applicants are requesting to place a trash disposal unit 4 ft. wide, 4 ft. high, and 5 ft. in length either inside their garage or on the side of their garage on a concrete slab in a screened area. The applicants operate a carpet removal business out of their home and provide carpet removal services at off -site locations. Their business is a permitted home occupation not requiring formal approval by the City. The use of the large trash receptacle puts the business into the Special Use Permit category. The Planning Commission held a public hearing regarding this application and recommended approval at its May 11, 2000, meeting, subject to six conditions which Mr. Warren reviewed. Council Members discussed frequency and time of trash pickup, location of trash disposal unit on collection day, and whether the garbage service is required to recycle the materials. Councilmember Peppe recommended one additional condition relative to the location of the trash disposal unit on collection day so the location is clearly defined. Erick and Susan Bates, applicants residing at 6413 Noble Avenue North, addressed the Council regarding location of the trash disposal unit on collection day. Councilmember Hilstrom raised the issue of limiting the trash collection frequency. • Mr. McCauley said the frequency limitation could be incorporated into the additional condition along with set hours for pickup and location of trash disposal unit. Mr. Bates requested the additional condition also include that the trash disposal unit have locking wheels. There was a motion by Councilmember Nelson, seconded by Councilmember Lasman to approve Planning Commission Application No. 2000 -006 submitted by Erick and Susan Bates subject to the following seven conditions: 1. The Special Use Permit is granted for a carpet removal home business that will involve the use of a 4 ft. wide, 4 ft. high, and 5 ft. long covered and locked trash disposal unit for the storage and disposal of discarded carpet and pads. This use may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the Special Use Permit. 2. The Special Use Permit is subject to all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 3. The trash container unit may only be used for discarded carpet and carpet pads and shall not be used for collecting and storing refuse, rubbish, trash, yard waste or • 05/22/00 -7- DRAFT recyclable materials. • 4. The applicants are required to house the trash container unit within a 6 ft. high opaque screening structure with an opaque locked gate, except for when routine pick up is conducted. 5. The trash container shall be tethered or securely fastened in such a way as to keep it secure from rolling loose. Rollers or wheels both front and back must be locked when out of the screened area. 6. All vehicle parking associated with the home occupation shall be off street on an improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12, of the City Ordinances. 7. The contents of the container shall be collected not more than three times per week. Collection must be between the hours of 8:00 a.m. and 5:00 p.m. Motion passed unanimously. 8c. PLANNING COMMISSION APPLICATION NO. 2000-007 SUBMITTED BY MELVIN RAILE REQUESTING A VARIANCE FROM THE MINIMUM DISTRICT REQUIREMENTS IN SECTION 35 -400 TO LOCATE A TWO - FAMILY DWELLING ON THE PROPERTY AT 5411 BRYANT AVENUE NORTH Mr. McCauley introduced Planning Commission Application No. 2000 -007 submitted by Melvin Raile requesting a variance from the minimum district requirements in Section 35 -400 to locate a two- family dwelling on the property at 5411 Bryant Avenue North. Mr. Warren explained that the applicant's home in Minneapolis is being acquired by eminent domain to make way for the Humboldt Greenway project. The applicant would like to relocate the two - family dwelling to 5411 Bryant Avenue North. The lot is zoned R -2 and is 63 ft. wide by 136 ft. deep with an area of 8,568 sq. ft. and contains a garage which was accessory to a single family home that was recently demolished. Section 35 -400 of the City Ordinances defines the minimum lot requirements, and a two - family dwelling interior lot is required to have a minimum lot width of 75 ft. (at the building setback line) and a minimum land area of 6,200 sq. ft. per unit or a total of 12, 400 sq. ft. The lot in question is sub - standard, or too small, for the two - family dwelling that the applicant would like to move onto it. A variance may be granted by the City Council after demonstration by evidence that all of the standards for variances contained in the Zoning Ordinance are met. It is staff's opinion that none of the standards for variance are met with respect to the applicant's request. The Planning Commission held a public hearing regarding this application and recommended denial at its May 11, 2000, meeting. A resolution denying the requested variance was presented to the City Council for consideration. Mr. Warren noted the applicant was not present. 05/22/00 -8- DRAFT RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000-007 RESOLUTION NO. 2000-96 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000-007 The motion for the adoption of the foregoing resolution was seconded by Councilmember Hilstrom. Motion passed unanimously. 8d. PLANNING COMMISSION APPLICATION NO. 2000-008 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY REQUESTING TO REZONE FROM R-7 (MULTIPLE FAMILY RESIDENCE - SIX OR MORE STORIES) TO C -1A (SERVICE /OFFICE - NO HEIGHT LIMIT) A 3.352 ACRE PARCEL OF LAND SOUTH OF AND ADJACENT TO THE HENNEPIN COUNTY REGIONAL SERVICE CENTER 8e. PLANNING COMMISSION APPLICATION NO. 2000-009 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY REQUESTING PRELIMINARY PLAT APPROVAL TO COMBINE TWO PARCELS OF LAND INTO A SINGLE PARCEL TO ACCOMMODATE THE EXPANSION OF THE HENNEPIN COUNTY REGIONAL SERVICE CENTER 8f. PLANNING COMMISSION APPLICATION NO. 2000-010 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY REQUESTING SITE AND BUILDING PLAN APPROVAL FOR THE REMODELING AND EXPANSION OF THE HENNEPIN COUNTY REGIONAL SERVICE CENTER, 6125 SHINGLE CREEK PARKWAY Mr. McCauley introduced Planning Commission Application Nos. 2000 -008, 2000 -009, and 2000- 010 which consist of requests submitted by Clark Engineering Corporation on behalf of Hennepin County for rezoning, preliminary plat approval, and site and building plan approval for expansion of the Hennepin County Regional Service Center, 6125 Shingle Creek Parkway. Mr. Warren reviewed Planning Commission Application No. 2000 -008 and explained that Hennepin County acquired 3.352 acres of land south of the Hennepin County Regional Service Center and seeks to rezone it to C -1A which is the same zoning classification as the Service Center. The Planning Commission found the rezoning request to be consistent with the rezoning evaluation 05/22/00 -9- DRAFT policy and the City's Comprehensive Plan and recommended approval at its May 11, 2000, meeting. • A resolution approving the rezoning request was presented to the City Council for consideration. Mr. Warren reviewed Planning Commission Application No. 2000 -009 and explained that the applicant is seeking preliminary plat approval to combine the two parcels into a single parcel to accommodate the expansion of the Hennepin County Regional Service Center. The applicant proposes to relocate the existing pond to the southerly portion of the combined lot. The pond development requires approval by the Shingle Creek Watershed Management Commission. The applicant plans this summer to begin the first phase of the project which is the pond relocation and some driveway modifications. The Planning Commission recommended approval at its May 11, 2000, meeting subject to four conditions. Mr. Warren reviewed Planning Commission Application No. 2000 -010 and explained that the applicant seeks site and building plan approval for the remodeling and expansion of the Hennepin County Regional Service Center located at 6125 Shingle Creek Parkway. The proposed expansion will almost double the size of the Service Center, expanding the building to the east and south. Access to the Service Center will be at the same existing locations, with the primary access to the facility at the south entrance at the intersection of John Martin Drive and Shingle Creek Parkway. The new parking facilities will be to the east of the expanded building. Mr. Warren exhibited a bird's eye view schematic design of the Hennepin County Regional Service Center and discussed the exterior features and landscaping. The Planning Commission recommended approval at its May 11, 2000, meeting subject to sixteen conditions. The City received a request from Hennepin • County to waive the requirement for the financial guarantee in condition #3. Mr. Warren noted the architect, engineer, and a representative from Hennepin County is present if the Council wished to address questions. Councilmember Nelson raised the issue of costs related to street improvements at the intersection of John Martin Drive and Shingle Creek Parkway at the Service Center's south entrance. Mr. Warren responded there would be some street improvements made and the cost would be born by the County. RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000 -008 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY RESOLUTION NO. 2000 -97 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2000 -008 SUBMITTED BY CLARK ENGINEERING CORPORATION ON BEHALF OF HENNEPIN COUNTY • 05/22/00 -10- DRAFT • The motion for the adoption of the foregoing resolution was seconded by Councilmember Lasman. Motion passed unanimously. There was a motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve Planning Commission Application No. 2000 -009 submitted by Clark Engineering Corporation on behalf of Hennepin County subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The storm water drainage system and the design of the water detention facility are subject to the review and approval of the Shingle Creek Watershed Management Commission prior to final plat approval. 4. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement documents shall be executed and filed with Hennepin County as part of the final plat. Motion passed unanimously. • There was a motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve Planning Commission Application No. 2000 -010 submitted by Clark Engineering on behalf of Hennepin County subject to the following 16 conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement shall be submitted prior to the issuance of permits to assure completion of site improvements. 4. Any outside trash disposal facilities and roof top or on ground mechanical equipment shall be appropriately screened from view utilizing material that is compatible with the building. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 0 05/22/00 -11- DRAFT 6. An underground irrigation system shall be installed in all landscaped areas to • facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area which will be allowed to have surmountable curb to assist as a drop off area. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. The storm water drainage system and ponding areas shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits, including grading and drainage permits for this project. • 13. An easement description over the proposed pond shall be submitted to the City and the easement shall be executed and filed with the title to the property at Hennepin County prior to issuance of permits. 14. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 15. A driveway and utility permit from the Engineering Department shall be required for work within the Shingle Creek Parkway right -of -way. 16. The final plat combining this site into a single lot shall be approved by the City Council and filed with the County prior to the issuance of permits. Motion passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. STAFF REPORT ON HUMAN RIGHTS ART DISPLAY The staff report on human rights art display was given during Council Reports. 05/22/00 -12- DRAFT 9b. MAYORAL APPOINTMENT TO HOUSING COMMISSION Mayor Kragness requested Council ratification of her nomination of Martin Frawley, 6219 Chowen Avenue North, to the Housing Commission. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to ratify the Mayoral nomination of Martin Frawley, 6219 Chowen Avenue North, to the Housing Commission passed unanimously. Mayor Kragness indicated there are two new openings on the Housing Commission, and interested persons should contact the City Clerk for an application. Councilmember Hilstrom requested that Shawn Taylor's application again be submitted for consideration. 9c. SET DATE AND TIME FOR SPECIAL CITY COUNCIL MEETING Mr. McCauley explained that Mayor Kragness was approached by Sharing and Caring Hands requesting a meeting with the City Council. In response to the request and a recent press conference held by Sharing and Caring Hands regarding a proposed orphanage in Brooklyn Center, a recommended meeting date of June 5, 2000, at 7 p.m. is presented for Council consideration. The City has not received an application, which in the normal process would be reviewed by City Staff and the Planning Commission and then referred to the City Council for approval, so this special • meeting is out of the normal course. However, since there is a strong public interest in the issue and the potential applicant has requested the meeting, it is suggested to hold the meeting in Constitution Hall, Community Center, to accommodate interested persons. The meeting would be for the purpose of receiving information from Sharing and Caring Hands and any other interested persons regarding the proposed orphanage. There was a motion by Councilmember Lasman, seconded by Councilmember Hilstrom to set Monday, June 5, 2000, at 7 p.m., Constitution Hall, Community Center, as a special City Council meeting for the purpose of responding to the request of Sharing and Caring Hands to meet with the City Council and to receive information from Sharing and Caring Hands and any other interested persons regarding a proposed orphanage. Motion passed unanimously. 9d. RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND THE INSURANCE AGENT FOR 2000 Mr. McCauley explained the resolution authorizes renewal of several City insurance contracts and designates Arthur J. Gallagher & Co of Minnesota, Inc. as the insurance agent and risk management consultant for the insurance contracts. RESOLUTION NO. 2000 -98 Councilmember Lasman introduced the following resolution and moved its adoption: r 05/22/00 - DRAFT RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND THE INSURANCE AGENT FOR 2000 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 9e. RESOLUTION REQUESTING DISSOLUTION OF THE MINNESOTA POLICE RECRUITMENT SYSTEM Mr. McCauley explained that the City of Brooklyn Center, along with a number of other municipalities, is a member of the Minnesota Police Recruitment System. The City has not received services from the agency for a number of years but has been part of the litigation. The agency no longer serves the purpose for which it was formed, and it would be in the best interest of the City to request dissolution of the Minnesota Police Recruitment System. RESOLUTION NO. 2000 -99 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REQUESTING DISSOLUTION OF THE MINNESOTA POLICE RECRUITMENT SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9f. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT GREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE Mr. McCauley said the proposed resolution would renew the City's user agreement with Hennepin County to continue to have access to and use the County's electronic proprietary tY p p �' di itize g d data base for automated mapping. RESOLUTION NO. 2000-100 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE 05/22/00 -14- DRAFT S The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9g. RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CITY OF BROOKLYN CENTER'S 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. McCauley stated the proposed resolution calls for a public hearing to be held on June 26, 2000, to consider an amendment to the City of Brooklyn Center's 2000 Community Development Block Grant program. When the City Council originally adopted the 2000 Community Development Block Grant program budget, there was discussion that an amendment may be brought back to the Council given the new requirements for CDBG expenditures and that monies could not be allocated for the 53rd Avenue Project as anticipated. City Staff met with Community Emergency Assistance Program (CEAP) and Household Outside Maintenance for the Elderly (H.O.M.E.), and the two organizations elected to submit a joint proposal for consideration. The proposal would expand services offered by both agencies to provide additional services to senior citizens, disabled persons, and to address code enforcement issues to improve the community in terms of housing stock and maintenance. RESOLUTION NO. 2000 -101 Councilmember Nelson introduced the following resolution and moved its adoption: • RESOLUTION CALLING FOR A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CITY OF BROOKLYN CENTER'S 2000 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 9h. RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5327 PENN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, QUEEN ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA Mr. McCauley said the Prosecuting Attorney forwarded this resolution and Order to the City for Council consideration. The dwelling at 5327 Penn Avenue North has been defined as a hazardous property and a public nuisance. The resolution and Order would require the abatement of nuisances and fire hazards and allow the City to remove all public nuisances and correct the hazardous condition at 5327 Penn Avenue North in the event the owner does not comply. • 05/22/00 -15- 5 DRAFT RESOLUTION NO. 2000-102 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 5327 PENN AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, QUEEN ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 10. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the City Council meeting at 8:10 p.m. passed unanimously. • City Clerk Mayor • 05/22/00 -16- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 22, 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, Ed Nelson, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and City Clerk Sharon Knutson. Mr. McCauley requested that item 5 on the study session agenda be moved to number 1. DISCUSSION OF MEETING WITH SHARING and CARING HANDS Ill Mr. McCauley explained that Sharing y p anng and Caring Hands has requested to meet with the City Council on June 5, 2000. Mr. McCauley distributed a draft agenda for the June 5 special City Council meeting. Due to the citizen interest in this issue, the meeting will be held in Constitution Hall to accommodate the audience. He reviewed the draft agenda and meeting room setup for Constitution Hall. Council discussed the purpose of the meeting, whether a question and answer format should be considered, length of meeting (i.e., 11 p.m. adjournment), sign -up cards, sign -up sheets, and how the citizens would receive answers to questions raised. Mr. McCauley said that sign -up sheets would be available for persons wishing to receive minutes or a summary sheet of the meeting and future information on public hearings or meetings related to this topic. A summary sheet could be composed which identifies questions and places them into categories relating to topic and relevancy to issues that the Council would need to consider. Persons with questions specifically for Sharing and Caring Hands could be directed to speak with Sharing and Caring Hands following the meeting. Council accepted the draft agenda and agreed the meeting would be held as information gathering /receiving only, questions will be noted, and concerns will be identified. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Mayor Kragness inquired about the addition of Council Consideration Item No. 9h. Mr. McCauley explained this was forwarded over from City Prosecutor Bill Clelland's office on Friday, after the City Council agenda packets were already distributed. • 5/22/00 -1- DRAFT MAYOR KRAGNESS: DESIGNATION OF DAY OF RECOGNITION FOR OUTGOING LEGISLATOR Mayor Kragness advised there had been a request from the Earle Brown Days Committee to designate Thursday, June 22, 2000, as Phil Carruthers Day. Representative Carruthers is the Grand Marshal for the Earle Brown Days parade, and the Committee would like to recognize his contributions to the city. The City Council directed Staff to prepare a proclamation. MAYOR KRAGNESS: REQUEST TO NAME GOLF COURSE PONDS Mayor Kragness received a request from Representative Phil Carruthers to name the ponds at Centerbrook Golf Course after some prominent people in Brooklyn Center's history, Mary Jane and Art Gustafson and Leonard Lindquist. Council Members were in favor of this idea and directed Staff to proceed with naming the ponds. COUNCILMEMBER PEPPE: BROOKDALE Councilmember Peppe explained that residents in his neighborhood seem to have a negative perception of Brookdale. The neighbors have expressed they do not believe the City Council is pushing the renovation project forward. Council Members discussed the progress of the project, and noted the new Applebee's is open, contracts are signed with Old Navy and The Gap, and J C Penney completed its remodeling and the ribbon - cutting ceremony is scheduled for next week. 1111 ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn the City Council study session at 6:45 p.m. passed unanimously. City Clerk Mayor • 5/22/00 -2- DRAFT S City Agenda A enda Item No. 6b • S 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 e A DATE: June 7, 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 June 12, 2000: AMUSEMENT DEVICE OPERATOR Americinn Motel 2050 Freeway Blvd. Davanni's 5937 Summit Drive Earle Brown Bowl 6440 James Circle Ground Round 2545 County Road 10 Hilton Minneapolis North 2200 Freeway Blvd. K -Mart 5930 John Martin Drive MCTO 6845 Shingle Creek Parkway Scoreboard Pizza 6816 Humboldt Ave. N. AMUSEMENT DEVICE VENDOR American Amusement Arcades 2100 W. 96th Street, Bloomington CDL 11071 93rd Ave. N., Maple Grove D.V.M. Inc. dba Dahlco 296 North Pascal, St. Paul Theisen Vending Co. 3800 Nicollet Ave. S., Minneapolis MECHANICAL ELK Mechanical HVAC Inc 6361 Sunfish Lake Ct, #100, Ramsey Fisher Bjork Sheet Metal 1441 Iglahart Ave., St. Paul Lakeland North Heating & A/C 16041 Kangaroo St, Anoka Maintenance Team 5599 W. 78th Street, Edina Northland Mechanical 2900 Nevada Ave. N., New Hope Sabre Heating & A/C 14505 21st Ave N. #230, Plymouth Thermex Corporation 3529 Raleigh Ave S, Minneapolis • 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 RENTAL Renewal 2816 67th Lane N Lonnie & Heidi Amundsen • 5333 Brooklyn Boulevard Amy Lewis 5235 Drew Ave N Jay Nelson Battenberg 5301 Dupont Ave N Amy Des Parois 5505 Lyndale Ave N Brett Hildreth 5519 Lyndale Ave N Brett Hildreth 5328 -30 Queen Ave N Michael Haase 5115 Twin Lake Blvd E Ruth Cioni Initial 4204 Lake Breeze Ave N Kathy Nguyen SIGNHANGER Scenic Sign Corporation 828 S. 5th Str, Sauk Rapids • 0 City Council Agenda Item No. 6c 0 0 o ppKLYN CE0 loLUNTEER WITH a Brooklyn Center Fire SINCE1944 Memorandum FIRE DEPT. TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief SUBJECT: Sale of old Salvage Van DATE: May 18, 2000 I received an phone call from Kelly Spratt of North Memorial Manager of Metro Operations for • North Memorial Medical Center Emergency Services, who would like to purchase our old salvage rig. This unit is being stored on there property on 68 ave. They proposed to pay the City $3,000 for this 20 year old vehicle, which is probably more than we could get at the auction. They would like to use this unit for a disaster supply unit, it would contain a major supply of medical bandages and equipment that would be used in the event of disaster in the area. • I am recommending that we sell this unit to them for $3,000 which is a fair price, I would like to point out that over the years North has supplies medical supplies for the fire department as well at training our people in 1St. responder. They have also given a van to police department at no cost for the swat team. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY WHEREAS, the City of Brooklyn Center currently owns a 1980 Chevrolet Van which has been used by the Fire Department; and WHEREAS, this vehicle is no longer in use by the Fire Department and should be declared surplus to facilitate sale of the vehicle; and WHEREAS, North Memorial Medical Center Emergency Services has expressed an interest in purchasing this vehicle from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the 1980 Chevrolet Van is hereby declared surplus property and is hereby authorized for sale to North Memorial Medical Center Emergency Services. Date Mayor S 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. 6d 1 • MEMORANDUM DATE: June 6, 2000 TO: Michael J. McCauley, City Manager - FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Amending the 2000 Central Garage Budget and Authorizing the Purchase of a Chevrolet Suburban for the Fire Department Fire Chief Ron Boman has submitted a request to accelerate replacement of vehicle #100, his command Suburban. This vehicle is scheduled for replacement in 2001. Ron has found an opportunity to purchase this vehicle with his desired options through the St. Louis County Cooperative Purchasing Venture. The Suburban would be a 2001 model at 2000 prices, ordered now with delivery later this Fall. There is sufficient accumulated depreciation in the central garage reserves for this accelerated purchase. Purchasing this vehicle in 2000 would require an amendment to the Central Garage budget. A resolution so doing is provided for Council consideration, as are Ron's various II memos and backup materials. 1 0 • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 2000 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF A CHEVROLET SUBURBAN FOR THE FIRE DEPARTMENT WHEREAS, the Fire Department's command vehicle, a Chevrolet Suburban, is scheduled for replacement in 2001, and in preparation the Fire Chief has been reviewing price and availability of equipment; and WHEREAS, as a result of this research the City has been offered an opportunity to purchase immediately this replacement vehicle from Eggebrecht Chevrolet of Duluth, Minnesota, off the 2000 St. Louis County Cooperative Purchasing venture at a total cost of $33,335; and WHEREAS, as of January 1, 2000 there was accumulated depreciation funds in the amount of $37,430 set aside in the Central Garage Fund for the replacement of this equipment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn • Center, Minnesota that: 1. The 2000 Central Garage Budget is hereby amended to provide for the purchase of a Chevrolet Suburban for the Fire Department at a cost of $33,335. 2. The bid of Eggebrecht Chevrolet of Duluth, Minnesota is hereby accepted, and the purchase of a Chevrolet Suburban is hereby approved. 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. A WITH - -to Ft cl\*Sk Brooklyn Center Fire SINCE1943 Memorandum FIRE DEPT. TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief 4 SUBJECT: Purchase of Fire Department Suburban DATE: June 1, 2000 During the past couple of years it has been difficult to find full size vans available on the state and counties bid list, as the fire department has a scheduled replacement of it 1986 Chevrolet van in 2001 I started to do some research on availability of this type of van on other government agencies that we could purchase from. • I have located a current holder of a county bid, Eggebrecht Chevrolet in Duluth Minnesota has the St. Louis County Bid #4056 which we can purchase from. I contacted Eggebrecht Chevrolet and was told they have 2 units that have not been sold and Brooklyn Center can purchase one of these units for $33,335. This would be a 2001 vehicle as Chevrolet has delayed there order to Eggebrecht Chevrolet until the new models are being built. This unit would not be delivered until sometime after September or October 2000 at the earliest and will be a savings of $3,000 or more to the city if we purchase this unit now. We have complete funding for this vehicle in the central garage replacement fund. I am requesting that we purchase this vehicle now as we will save money over waiting until 2001 to order this vehicle and that we put this on the next council agenda. • 0 CITY OF BROOKLYN CENTER 2001 BUDGET JUSTIFICATION OF CAPITAL OUTLAY REQUESTS 1. Division: Central Garage /Fire Div. #: 685 Object #: 4553 2. Give description and quantity of item requested. Indicate date desired. #100 - One (1) Chevrolet Suburban Type Vehicle = 4 Wheel Drive, 3/4 Ton Light Bars, Siren, Detailing. 4 -01 -01 3. Describe the necessity for and /or benefits or savings expected from this item. Replacement of existing 1986 Chevrolet Suburban Silverado, 4 Wheel Drive Vehicle. Department requests a 3/4 ton vs. existing 1/2 ton vehicle. This is explained in attached memo from the Fire Chief. 4. If the item requires an increase in personal services for the activity, state the job titles contingent upon the item. n/a 5. Indicate any expenses necessary to place this item in operation and whether these expenses are included in your budget request. The new light bars and siren will be installed by the Central Garage. Detailing is at an extra cost. Both of these costs are in budgeted amount. Fire Dept.will pay extra cost if over budgeted amount. 6. List any item which will be replaced by this purchase. State recommendations for disposition of this item. For example, trade -in salvage, discard, etc. 1986 Chevrolet Suburban 2001 Hennepin County Auction 7. Estimated Net Cost: $40,000.00 tax included Quantity Unit Cost Total Cost Trade -in Net Total Cost 1 $42,000.00 $42,000.00 $2,000.00 $40,000.00 g:\ debts \garage\ budget \Olcapout \vehicles \just_100 S � a WITH S R 0 R , ,, o ► R I k\n' II N /-}` E G Brooklyn Center Fire SINCE 1949 Memorandum FIRE DEPT. TO: Michael McCauley City Manager FROM: Ron Boman Fire Chief 0 SUBJECT: Suburban Replacement . DATE: April 4, 2000 Our 1986 Chevrolet suburban is scheduled for replacement in 2001, this is a 15 year old fire department vehicle that is used and responds to almost every emergency the fire department has, it is our command vehicle and is equipped ed with a laptop computer loaded with CAMO for hazardous q p P com p II material along with other maps and emergency documents. I am requesting that we replace this vehicle with a similar vehicle with the only additional features I am requesting are power windows power door locks and move into a 3/4 ton suburban from the half ton we now have. I am requesting the 3/4 ton unit due to the amount equipment we carry on this vehicle which make it heavy and does not track on the highway as the front end is light. This vehicle is also the last vehicle to clear the scene as it also carries all of the equipment necessary to do cause and origin at the fire scene III • City Council Agenda Item No. 6e • MEMORANDUM DATE: June 5, 2000 TO: Michael 3. McCauley, City Mana er FROM: . Todd Howard, City Engineer SUBJECT: Resolution Approving Change Order No. 1, Improvement Project No. 1999 -12, Contract 99 -B, Lift Station Nos. 8 & 9 Replacement On January 24, 2000 the City Council awarded a contract to Barbarossa & Sons for replacing Lift Station Nos. 8 & 9. The awarded contract amount was $391,868.00. Funding for the construction is being provided by the Sanitary Sewer Utility Fund. Change Order Number 1, in the amount of $11,400.00 is for augering a 42 -inch steel casing pipe under Bass Lake Road instead of the 18 -inch diameter steel casing identified in the contract. Large rocks and very coarse gravel were encountered which prohibited augering the smaller casing. • The $11,400 quoted by the contractor for use of the 42" casing and the additional labor required for hand mining inside the casing in reasonable. A resolution approving Change Order No. 1 in the amount of $11,400.00 is provided for Council consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO.1, IMPROVEMENT PROJECT NO. 1999 -12, CONTRACT 99 -B, REPLACEMENT OF LIFT STATION NOS. 8 & 9 WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Barbarossa & Sons is completing the following improvement in accordance with said contract: Improvement Project No. 1999 -12, Contract 1999 -B, Replacement of Lift Station Nos. 8 & 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 1 is hereby approved. 2. Project costs and revenues are hereby amended as follows: As Amended Per COSTS As Amended Per Low Bid Change Order No. 1 Contract $391,868.00 $391,868.00 Contingency / Change Orders $ 39,187.00 Change Order No. 1 $ 11,400.00 Subtotal $431,055.00 $403,268.00 Admin/Legal /Engr. $ 40,000.00 $ 40,000.00 Total Estimated Project Cost $471,055.00 $443,268.00 REVENUES Sanitary Sewer Utility Fund $471,055.00 $443,268.00 Total Estimated Revenue $471,055.00 $443,268.00 • Resolution No. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. 6f MEMORANDUM DATE: June 6, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Resolution Authorizing Execution of a Limited Use Permit for a Trail Within State Right of Way for the Brooklyn Boulevard Trail Among the many final pieces of paperwork required by Mn/DOT in its approval of the Brooklyn Boulevard roadway plan is execution of a limited use permit for construction of a Cit y yp s p bicycle /pedestrian trail across Mn/DOT right of way. You will recall that the trail from the south connects with the park and ride trail, then travels north along the west side of Brooklyn Boulevard, under the I- 94/694 bridge and up to 69th, where it crosses over to the east side. The permit is straightforward. By executing this permit, the City agrees to maintain the boulevard between the trail and the roadway. This would apply only to the segments from the ramps to the bridge, on the west side. This is an area which Mn/DOT and Hennepin County minimally maintain now, so this would result in a higher level of maintenance than is currently enjoyed. Note: At last word, the bid letting date of July 11 was still tentative. S • Proposed ADDENDUM to Permit US -00 -042x: * City of Brooklyn Center is Permittee and contact person is David Peterson, Phone: 763 -569 -3380. By the execution of this permit, the City of Brooklyn Center assumes all liabilities, obligations or responsibilities described herein pertaining to the construction, maintenance and operation of the Brooklyn Center Trailway project, as located within the corporate limits Brooklyn Center. Said agreement has been made between all the parties referenced herein and is necessary in the public interest and done by their free will for public purposes. * See attached exhibit for T.H. 94 trail segment and right of way, as shown colored in red. This project has been reviewed and approved for construction as S.P. 27- 752 -07 by the Metropolitan Division State Aid Office. * The construction, maintenance, and supervision of the trail shall be at no expense to the Minnesota Department of Transportation. This permit is non - exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy said right of way. * Any and all maintenance of the trail, together with all areas lying east of the trail that are within the Minnesota Department of Transportation right of way, shall be provided by the Permittee; this includes, but is not limited to, the plowing and removal of snow and ice, the installation and removal of regulatory signs, sweeping and joint/crack sealing and patching of the trail surface, all necessary maintenance of vegetation (including mowing, tree trimming, noxious weed control, etc.), erosion control, slope repair, ditch cleaning and perpetuation of drainage, cleaning and repair of drainage structures, litter and debris collection and disposal, law enforcement and graffiti control, and the general maintenance of right of way in good condition. * No permanent structure(s) or advertising device(s) in any manner, form or size shall be constructed, placed or permitted to be constructed or placed upon the State of Minnesota right of way. No commercial activity or activities shall be allowed to operate upon said State of Minnesota right of way. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and /or restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this permit is granted, so as to maintain the safety of both the motoring public and trail users. * The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns, from liability claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the operations of the trail or from the use of the portion of highway right of way over which this permit is granted. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of Transportation and employees and its successors and assigns from claims arising or resulting from the temporary or permanent termination of trail user rights on any portion of highway right of way over which this permit is granted. The Permittee will hold harmless and indemnify • the State of Minnesota, its Commissioner of Transportation and employees from claims resulting from temporary or permanent changes in drainage patterns resulting in flood damage. * The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless the State of Minnesota from all such liens and claims. * The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's right of way. In the event of spillage of regulated materials, the Permittee shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. * Any use permitted by this permit shall remain subordinate to the right of the 411 Minnesota Department of Transportation to use the property for highway and transportation purposes. This permit does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge facility that would become subject to Section 4 (f) of the Federal -Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement pursuant to Minnesota Statutes Section 160.264. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall on the grounds of race, color, or national origin, be excluded from, or denied use of any trail. * This permit shall be subject to cancellation and termination by the Minnesota Department of Transportation, with or without cause after ten years of trail operations by the Permittee, by giving the Permittee 60 days written notice of such intent. Upon said notice of cancellation the trail shall be removed within 60 days, at no cost to the Minnesota Department of Transportation, by the Permittee and at the sole expense of the Permittee. Upon cancellation of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a condition satisfactory to the Minnesota Department of Transportation Division Engineer. Prior to ten years of trail operations by the Permittee, proper notice (as above) and concurrence of both parties and consultation with the Minnesota Department of Transportation and the FHWA will be required, should P p q termination of the permit be requested. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A LIMITED USE PERMIT FOR A TRAIL WITHIN STATE RIGHT OF WAY FOR THE BROOKLYN BOULEVARD TRAIL WHEREAS, the City's Trail Plan includes a bicycle /pedestrian trail on the west side of Brooklyn Boulevard from 65th Avenue to 69th Avenue North; and WHEREAS, Hennepin County has included construction of said trail in its plans for the widening and upgrade of Brooklyn Boulevard (CSAH 152), proposed for construction in 2000; and WHEREAS, construction of a portion of said trail would require the use of Mn/DOT right of way; and WHEREAS, Mn/DOT requires a Limited Use Permit to be obtained for permanent facilities located within state right of way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn • Center, Minnesota that: 1. The terms of said Limited Use Permit are acceptable to the City of Brooklyn Center. 2. The Mayor and City Manager are hereby authorized and directed to execute a Limited Use Permit for a trail within state right of way for the Brooklyn Boulevard trail 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: S and the following voted against the same: whereupon said resolution was declared duly passed and adopted. It • IL 1 (2) RETAINING WALLS ISLAND RADII STREET RADII I STATION RADIUS STATION OFFSET RADIUS STATION OFFSET OFFSET (APPROXIMATE) 1.0 m 1 LNB 2 +767.870 I 10.038 RT. 580.0 m LSB 2 +717.073 i 588.715 LT, I 5.0 m LNB 2 +794.789 I 12.800 RT. LSB 2 +895 TO 2 +956 1 8.9 m LT. It 50.0 m LSB 2 +780.421 I 60.173 LT. LSB 2 +881 TO 2 +956 I 4.8 m LT. 2.0 m LSB 2 +801.000 I • LNB 2 +855 TO I I 9.800 RT 5.0 m LNB 2 +817.689 I 12.800 RT. ? +925 I 4.8 m LT. ' 1.5 m LSB 2 +814.211 I 7.520 LT. 3.0 m LSB 2 +830.677 I 7.200 LT. -t t G r- O , 1.5 m LSB 2 +995.000 I 12.900 RT. 3.0 m LNB 2 +967.365 I 9.800 RT. lv l'----) 1.5 m LSB 3 +000.467 I 6.020 RT. • 15.0 m LNB 2 +997.848 I 22.800 RT. 0) 0.5 m LSB 3 +003.614 16.522 LT. I t I 3.0 m LSB 2 +989.244 1 7.200 LT. �� '�� � I ,\ 30.0 m LSB 3 +003.914 I r4.I CT. I �, ^ c 30.0 m LNB 3 +308.150 j 34.199 LT. 16.3 m LSB 3 +027.751 24.754 LT. o 45/7---------------------1 \ F '• - =` +009.200 i 6.400 LT. �9 819,999 SB *is RETAINING WALL ill e 27.942 LT / / �� 4 SEE SHEET XXX- �� 1 �� BEGIN fin( / A \ / °/ 2 +782 M - IMPACT D424 \ i I /� /. y / +84 1 LSB SB-_. 0>t"' D424 +011.949 56 .92 It ATTENUATOR N0. 28.752 LT _ _ _ _ _ _ _ 11 ,1 �U1111 " � i. 29.412 LT ° +980.638 SB / - - - - - -- IIII IIII • 1 p « °° t 20.039 LT f ' r- � ` s� I�� Ctl. - --A- -=`i get, M B424 f I +026.666 1 • 2+ � -- - - - - -- -_ ___ , _ ��M�� 8424 1 S T 2 NU (3L�D6c N a \�� +037.027 _ � II IIIIIIIIIIIIIIIIIIIIIII IIIIII11 1 u SE III 6.63 m - . 111 ' \ \ II _ �- 1 � _ ' 2 ' 3.6 m 2 +$ 6 0 `�.: • • illllll . Ilillllllllll/ IIJIIIIIIIIIIilllllllllllllllllil /; + . _ - \e't \ \ . \ ---i\ 4.2 m 2.0% I y � .. Iff 2 t .0% +846.0131 x+860.4 3.6 m I "`` \\`\\\�� •\A N, ■ 2.0% ! / 2.0 2.0% +950.307 1+964.7 • �"� j I 54 ' - -- _ ' \ \ \�� \\ .<; 2.0% / 2.0 � 3 .9 m i� �j ' 7 � 2.0% • . � 4.2 m VAR. ... ...- :� .... .. ..,, , �3 2 0 % d J jj / f t 2.0% / -.......e +703.720 -3 m ,,s it 2.0% of / 2.0% '�. • .6 O, � If- 7 +4(lfl 7 3•6 m % / �� __ \ \\ \\ 1 °avEPHE•0 j. 6 m q 2. o% % t, .r• z. o % I ✓/ 2. o% 3 \ \ \ \ \ \ \ \ \ \ \ \\\ \�,� `�,/ ° , eH ;, � _ m 2.0% +849.863 \--4864.263 3.6 m . '/852.0% I 1 I �4.2 m 35.30 2 I W 2.0/2.0, +954.1 - � \ j \ \ / *Om .� _ a _ �- 4.2 m / 2.0%* / N • \ `+939729 IIIIII* / I" y ` B424 / (2) : :424 � � S r \ / j / /� / �/ °�° 6424 N� -� 4 . /, ��e - �� - 5�- , , 1 ,, (0, / co \I � // u /f / , IMPACT NB sF� tiF - 1 1' 11/ / / / f NTTE CONST. INTEGRAL SLOPE 4�'r j • +977.102 NB / , /,/ // - PAVING SHEAR LUG. /' BEGIN 26.314 RT :$ CONSTRUCTION LEGEND / (SEE WALL CONST. / IT CURB F7.::: :: : :31 100 mm CONC. WALK SHEETS FOR DETAILS) L\ \ \ \ \ \ \ \ \ \ \ \\` 100 mm CONC. WALK SPECIAL COLORED ,/ r t , 111111111111111111111 100 mm BITUMINOUS WALK CONC. MEDIAN BARRIER IG8334 TYPE F 1 150 mm CONC. DRIVEWAY PAVEMENT STATION TO STATION OFFSET TO FOOTING 1 LENGTH 200 mm CONC. DRIVEWAY PAVEMENT LSB 2 +851 TO LSB 2 +956 ! 11.10 m RT. 1 122 m ' I (TYPE 41 BIT MIX. FOR DRIVEWAY PAVEMENT ff LNB 2 +855 TO LNB 2 +925 ! 7.50 m LT. 1 122 m ,f CONCRETE CURB & GUTTER I I a --- CONSTRUCTION LIMITS RR CURB RAMP APPLICATION p4/19/ ( �6 PEDESTRIAN C i NOTES: i T MODULAR BLOCK RETAINING WALL (2)CONSTRUCT CONCRETE RETAINING WALLS *SEE TYPICAL SECTIONS FOR DETAILS ALL C &G SHOWN IS B624 MODIFIED UNLESS u m STRUCTURAL CONCRETE R WAL (1)SPEC. 2554.615 - SEE SPECIAL PROVISIONS FOR APPROVED ATTENUATORS FOR THIS ° SEE WALL CONSTRUCTION PLANS FOR DETAILS OTHERWISE INDICATED. SEE SHEET XXX RA AY a SCALE (SEE SPECIAL PROVISIONS FOR MATERIALS) FOR INTERSECTION DETAILS. I . I • CERTIFIED BY • z ' DRAWN BY SHEET m CH BY HENNEPIN COUNTY PROJECT 9322 j m II In " °Q$p}j »� l»' ��n Ur C. S. A. H. 152 S.P. 27-752-07. S.P. 1 09- 020 -08 kliP / Q P PROFESS1MAI FNG1NFFR ' LAST REVISION _..__ • City Council Agenda Item No. 6 tY g 6g • • • MEMORANDUM DATE: June 7, 2000 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. • • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER • JANIS SALO 6543 BEARD AVE N 8, 9, 10, 11, 12 ALOYSIUS & DARLENE PAWLENTY 6836 TOLEDO AVE N 13, 14, 15 JERRY & CAROL SINON 6823 BRYANT AVE N 16A CAROL RIVERS 6831 BRYANT AVE N 16B 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member • and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 7a • 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 aULM. ✓ �Y " DATE: June 7, 2000 SUBJECT: Public Hearing: An Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning At its May 8, 2000, meeting, the City Council approved first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning. The second reading and public hearing are scheduled for June 12, 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 • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of June, 2000, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Comprehensive Planning. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING COMPREHENSIVE PLANNING THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is Amended in the Following Manner: Section 35 -202. COMPREHENSIVE PLANNING. 1. Comprehensive Planning. The City Council hereby undertakes to carry on comprehensive study and planning as a continuing guide for land use and development legislation within the municipality. For this purpose the City Council has adopted, by Resolution No. -82- 255 00 -29, a Comprehensive Guide Plan for the City of Brooklyn Center, and designates an advisory planning agency by Section 35 -201 to aid in such planning. The Planning Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Planning Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Planning Commission shall hold at least one public hearing to consider the proposed amendment. The Secretary to the Planning Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the Secretary shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. 110 • ORDINANCE NO. Following the review and recommendation by the Planning Commission, the City Council shall consider the proposed amendment and may, by resolution of two- thirds of its members, amend the Comprehensive Plan. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of . 2000. Mayor ATTEST: Clerk Date of Publication • Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) • • City Council Agenda Item No. 8a • • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning S eciali6 61 g g P Subject: City Council Consideration Item - Planning Commission Application No. 2000 -011 Date: June 7, 2000 On the June 12, 2000 City Council Agenda is Planning Commission Application No. 2000 -011 submitted by City of Brooklyn Center, Economic Development Authority requesting Rezoning from R -5 (Multiple Family Residence) to C -1 (Service /Office) of the property at 6421 Brooklyn Boulevard to eventually accommodate the expansion of the Brookpark Dental Clinic. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -011 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 May 22, 2000 meeting and was recommended for approval by the Commission through adoption of Planning Commission Resolution No. 2000 -02. It is recommended that the City Council, following consideration of this matter, approve the attached resolution relating to this application. • • Application Filed on 4 -27 -00 City Council Action Should Be Taken By 6 -26 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -011 Applicant: City of Brooklyn Center, Economic Development Authority Location: 6421 Brooklyn Boulevard Request: Rezoning The applicant, the City Economic Development Authority (EDA), is seeking rezoning from R -5 (Multiple Family Residence) to C -1 (Service/Office) of the property addressed 6421 Brooklyn Boulevard. The property in question is a 75 ft. by 166.5 ft. (12,487.5 sq. ft.) lot containing a non - conforming single family dwelling and garage that have been used as a vacuum cleaner repair home occupation since 1973. The parcel is bounded on the west by R -5 zoned property containing an apartment complex; on the north by C -1 zoned property containing the Brookpark Dental Center; on the south by C -1 zoned property containing an office building and some off site accessory parking serving the Brookpark Dental Center; and on the east by Brooklyn Boulevard with Garden City School on the opposite of the street. BACKGROUND • The Brookpark Dental Center has, for some time, expressed interest in acquiring 6421 Brooklyn Boulevard to accommodate an expansion of the dental clinic. They have worked out an agreement whereby the City would acquire the property through condemnation, if necessary, so • that it could be conveyed and combined with the Brookpark property. The EDA has acquired the property and the City has agreed to seek the necessary rezoning to C -1 so that the zoning of the property would be the same once the properties are to be combined. Applications for platting the property and site and building plan consideration will be forthcoming. As mentioned above, the property in question is zoned R -5 which allows as a permitted use multi- family residential dwellings of 2 1 /2 to 3 stories in height at a density of 2,700 sq. ft. of land per dwelling unit. The R -5 zoning district requires a minimum lot width of 100 ft. The existing lot is substandard for a multi- family residential use of the property on its own because it lacks 100 ft. of width. The existing single family home and garage are considered a "legal non- conforming use" of property and the vacuum cleaner repair operation conducted there is a special home occupation, again granted in 1973. The single family use of the property can continue, however, if destroyed by more than 50 percent, or if the land is cleared, the property can only be used for multi residential purposes. The land area of this lot could support 4.6 dwelling units. The only practical use of the property under its current zoning would be to attach it with the adjacent R -5 property to expand that site. Rezoning it to C -1 so that it can be attached to the Brookpark Dental Center is what is being sought ultimately through this application. • 5 -27 -00 Page 1 GUIDELINES FOR EVALUATING REZONINGS, All rezoning applications are reviewed in light of the rezoning evaluation policy and review guidelines contained in Section 35 -208 of the City's Zoning Ordinance (attached). The following is a list of the guidelines and the City's response to each of the guidelines: A. Is there a clear and public need and benefit? The City would contend that there is a clear and public need or benefit. To rezone this property to C -1 allows the dental center to expand. Such an expansion is consistent with long standing recommendations for land uses on Brooklyn Boulevard. Also, the elimination over time of inappropriate single family homes on this portion of Brooklyn Boulevard has been the City's policy for some time and was expressed in the recent Brooklyn Boulevard study and the revised City Comprehensive Plan. This property which lies between two service /office sites and a multi - family residential site should not be used for single family residential purposes. It is believed that the C -1, or service/office use, is the most appropriate and should be pursued. A.public benefit can, therefore, be presumed by this rezoning and use. B. Is the proposed rezoning consistent with and compatible with surrounding land uses classifications? • The City would contend that the rezoning would be consistent with surrounding land uses. Property both north and south of the subject site is zoned C -1. To incorporate a _ C -1 zone would allow this site to be used for C -1 purposes by expanding the Brookpark Dental Center, eliminating the need for direct access to Brooklyn Boulevard from the site. The use of the existing site under its current R -5 zoning can only be allowed by attaching it to the existing multi- residential complex to the west. It is a better fit to combine it with the service /office use to the north. Elimination of the non - conforming single family use of the property has been a long range goal of the City. C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? The subject site is not large enough to be used for an independent C -1 use. C -1 uses along a major thoroughfare, such as Brooklyn Boulevard, require a minimum lot width of 150 ft. and a minimum lot area of one acre. This site must be combined with other property to be used either under its existing zoning or under the proposed C -1 zoning. Once combined, it will be large enough to be used for C -1 purposes. In fact, the combination of this parcel with the Brookpark Dental site allows it to meet the minimum one acre land area requirement. The Brookpark Dental site would no • 5 -27 -00 Page 2 longer be substandard in area for C -1 uses on a major thoroughfare.. D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? The subject property has been zoned R -5 since at least 1968. The house on the property was built in 1948 and the garage in 1958. As mentioned previously, the vacuum cleaner repair home occupation was authorized in 1973 and has been continued until recently being acquired by the EDA.. The lot to the south of this site, was rezoned from R -5 to C -1 in 1975. It was owned at that time by the Brookpark Dental Center which sought the rezoning for the purpose of removing an existing dwelling and garage and to seek a special use permit for off site accessory parking to expand the dental operation at the Brookpark Clinic. Later, in 1979, an office building was built on the property and an off site accessory parking special use permit for 20 parking spaces for the sole use of the Brookpark Dental Center was approved and has continued from that time until today. At the time of the rezoning of the property south of the subject site, there had been discussion about rezoning the subject site to C -1 also. The record notes that once the property at 6421 Brooklyn Boulevard "was cleared of its non - conforming house and garage, there would be merit in rezoning that piece to C -1 as well ". There was concern at that time that rezoning the lot to C -1 would only aggravate the non - conforming use situation. The owner of II) the property had also apparently expressed an interest in rezoning the property to C -2 (Commerce) which the City believed would be inappropriate. It can be said that the rezoning to C -1 of the subject site is the fulfillment of the long range plan for this area. E. In the case of City initiated rezoning proposals, is there a broad public purpose evident? It can be argued that the fulfillment of the City's long range plan for this area can indeed be considered a broad public purpose. The elimination over time of inappropriate single family uses on Brooklyn Boulevard has been a long standing goal of the City. Expansion of service /office commercial uses into these areas has also been an long standing goal of the City. The City believes the Brookpark Dental expansion to be in its best interest and has entered into an agreement with them to assist in that expansion by agreeing to acquire through condemnation, if necessary, the property and to convey it to Brookpark Dental for inclusion and expansion of their site. F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning district? 110 5 -27 -00 Page 3 • 0 We believe this guideline can be met as well. The applicants will be submitting a preliminary plat and a site and building plan application in the near future at which time they will be required to meet all of the development restrictions contained in city ordinances. It does not appear that there are any major obstacles in meeting all of the development restrictions for the C -1 zoning district for the proposed site. G. Is the subject property generally unsuited for uses permitted in the present zoning district with respect to size, configuration, topography or location? The subject site is believed to be too small for development of a multi - family use under its current zoning classification. As mentioned before, a minimum lot width of 100 ft. is required in the R -5 zoning district and the density requirement of 2,700 sq. ft. of land per dwelling unit would only allow 4.6 dwelling units on this site. Buildings of 2 to 3 stories in height are required in this district. Smaller buildings are allowed but at higher densities making it impractical for development. The only feasible use of the property under its current zoning designation would to be attach it to the apartment complex to the west. We are not aware of any such interest. H. Will rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive Planning; 2. A lack of developable land in the proposed zoning district; or 3. The best interests of the community? 0 We believe the proposed rezoning is warranted by Comprehensive Planning. Although the Comprehensive Plan does not specifically address this particular parcel of land, the proposal to rezone it to C -1 is certainly consistent with the long range recommendations for Brooklyn Boulevard in this area in both the current Comprehensive Plan and in past comprehensive plans. The proposal is, therefore, consistent with these long range plans. With respect to the lack of developable land in the proposed zoning district, there is little developable land in the city. Multi- family residential uses are considered to be plentiful within the city and the City's practice has not been to rezone property to multi - family residential unless specific development proposals are in hand. The City has encouraged C -1, or service/office developments, along Brooklyn Boulevard and the proposed zoning would be consistent with this philosophy. The proposed rezoning would allow for the rational use of the land in question and does appear to be in the best interests of the community. I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual parcel? We do believe that this proposal demonstrates merit beyond just the interests of an individual owner by meetin g objectives objectives of the City's long range plans. Also, in as 0 5 -27 -00 Page 4 • • • much as this proposal furthers valid zoning objectives, it also demonstrates merit • beyond just the interests of the owner. The rezoning evaluation policy and review guidelines also note that the city policy is that zoning classifications must be consistent with the Comprehensive Plan and rezoning proposals must not constitute "spot zoning ", which is defined as a zoning decision which discriminates in favor or a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. We find no significant conflicts with this policy as noted above in our review of the guidelines for rezonings. This proposal is consistent with comprehensive planning done for the city with respect to Brooklyn Boulevard and, we believe, is also consistent with good planning principles with the proposed use being consistent and compatible with existing surrounding land uses. We find no conflict with the proposal in this regard. PROCEDURE It has been the City's practice with respect to rezoning applications for the Planning Commission to refer them to neighborhood advisory groups for additional review and comment. Mandates in the State Statute require the City to complete zoning reviews within 60 days and to give applicants an answer within that time frame. Because of notice requirements for publication and public notice, we require applications to be submitted four weeks prior to their review by the Planning Commission. Almost half of the 60 day time frame is, therefore, exhausted before the Planning Commission's review begins. The proposal in hand does not appear to be controversial • and we do not believe it is necessary in this case to refer the matter to the West Central Neighborhood Advisory Group for additional review and comment. • A public hearing has been scheduled and notices have been sent to surrounding property owners and a notice of the Planning Commission's consideration of this request has appeared in the Brooklyn Center Sun/Post. RECOMMENDATION We believe this application is in order and would recommend approval of the rezoning acknowledging its consistency with the rezoning evaluation policy and review guidelines contained in the zoning ordinance. Attached for the Commission's review is a draft Planning Commission resolution regarding the recommended disposition of Application No. 2000 -011 submitted by the City of Brooklyn Center Economic Development Authority. • 5 -27 -00 Page 5 ' - - -- '' J--I--L yam 92.45 -- :.;- P. :_ ' St-.v., . . __ ` r IIII 311 - T— x �, j�;1 Con _ . — J E L JI T AU J � � �� •... ' � � - -- Z S C AVE N.. I� ._ _ - Irlr mil z • _ REG EGEN � • - : � — — M&N. ,� /■ imum"si."""r; IIF1 �, . � (I, , ` , L• o / � ii ii - 11111 PE . 'I , 1'QUAIL VE.N: I1IIHI Z QUALI. AV �r " I , h' ` - t 10 _D AVE. N. PERRY AVE. N. '''' j ']'� -1-` < III r . N , 6F � „� y`! D �z N tillim P _� - / I I I IIII :. S 1631 E'ER', . � — . ORCHA' � AVE N. � �' r � P76 4 ( , Iii C . z m m DAVE. W 11111 O D w a ORC R AVE. N. 74 x n -- NOEL . � , � � • � clo a I I "1 %. i - -.. I O R AVE. N. ! N I/ D N OBLE AVE __ - -- p I _ I • . �� - R.C. VE. � �IIr � I�I / '� ..1 V NO - A V ,. — ^ (� I III LEI r' MA ! OR A • _ •/ 1 MAJOR AV � 0� I , ' � � ,� � � �'a � _ ; � K s 0.� I HA A VE. N• I A `0/,�' z_ r-- A - f1i _ '`- 0) _ D ` JUNE A VE 4 JUNE � = N ___•_ X- -- -- n . IIIIKLIEILLI1j1111 A_._ 0— ?_ . z 1 Z _ i �_ _ 11 I 1 1 I 1 --17---- F — ..- ---- -' — / .� , `0�' INDIANA 1 II AVE N - --I ' _ ' all 11111 I �,� { = AX la I H I HU ;. • 1� / NE I �� as i { �I, : �� i " 1 1 1 1 1 / �• V :--, , ..... ,� ► D �. S GRIMES t �,I', - 4 I I . . � x a 1''� i•• r G RIME: 1 . ` f�+ .:.1� 4 11 V/ o '' 0 -- ----; tzl....-`••- .741, X 0.., t t o rn to m . 441: -- MO MO • ' I i MICE N. _ mom � 1 C7 1t I I � f o �, o '' � C A 2 EW1HL UHIR. . 1/ D \ i EWIAVE N. O �- ''� — DREW • VE. ' . N ' P � A ij J . 1 I_" ��� -.- 7_ O °m DREW AVE.I - g z p011117M0 e` A � City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. Purpose • • The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy • It is the policy of the City that: A. Zoning classifications must be consistent with the Comprehensive Plan, and, B. Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. • 3. Procedure Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively' or individually as deemed by the City. 4. Guidelines A. Is there a clear and public need or benefit? • B. Is the ro osed zoning consistent with and compatible with surrounding land use classifications? • P P 9 com P C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? • D. Have there been substantial physical or zoning classification changes in the area since the subject . property was zoned? E. In the case of City- initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning • districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best interests of the community? I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual • parcel? • Section 35 -208 ° • Member Graydon Boeck introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 2000 -02 RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 2000 -011 SUBM I ED BY THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA). WHEREAS, Application No. 2000 -011 submitted by the City of Brooklyn Center Economic Development Authority (EDA) proposes rezoning from R-5 (Multiple Family Residence) to C -1 (Service /Office) of the property addressed 6421 Brooklyn Boulevard; and WHEREAS, the Planning Commission held a duly called public hearing on May 25, 2000, when a staff report and testimony regarding the rezoning request were taken; and WHEREAS, the Planning Commission considered the rezoning request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, and in light of the recommendations of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Planning Advisory Commission to recommend to the City Council that Application No. 2000 -011 submitted by the City of Brooklyn Center Economic Development Authority be approved in consideration of the following: 1. The rezoning will allow for the appropriate expansion, renovation and redevelopment of the Brookpark Dental Center which is considered to be a benefit to the public. 2. The rezoning proposal is believed to be consistent with the City's Comprehensive Plan for this area which generally calls for service /office land uses in this particular area of Brooklyn Boulevard. 3. The proposed C -1 zoning of the property is consistent and compatible with surrounding land use classifications. 4. All permitted uses in the proposed C -1 zone may be contemplated for development or redevelopment of the subject property. 5. The subject property will bear fully the ordinance development restrictions for the C -1 zonin g district. 6. The subject property is considered to be unsuited for uses permitted under its present • zoning classification. • 7. It is believed that the proposal is consistent with the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance, is consistent with the City's Comprehensive Plan and good planning principles and is, therefore, in the best interest of the community. Date " Chair A ST: C. Secretary The motion for the adoption of the foregoing resolution was duly seconded by member Sean Rahn and upon vote being taken thereon, the following voted in favor thereof: Tim Willson_ Stephen Erdmann Sean Rahn Dianne Reem Graydon Boecti John Whitehead and the following voted against the same: None Rex Newman abstained whereupon said resolution was declared duly passed and adopted. r_ I • S Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 2000-011 SUBMITTED BY THE CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA). WHEREAS, Application No. 2000 -011 submitted by the City of Brooklyn Center Economic Development Authority (EDA) proposes rezoning from R -5 (Multiple Family Residence) to C -1 (Service /Office) of the property addressed 6421 Brooklyn Boulevard; and WHEREAS, the Planning Commission held a duly called public hearing on May 25, 2000, when a staff report and testimony regarding the rezoning request were taken; and WHEREAS, the Planning Commission recommended approval of Application No. 2000 -011 by adopting Planning Commission Resolution No. 2000 -02 on May 25, 2000; and WHEREAS, the City Council considered the rezoning request at its June 12, 2000, meeting in light of the report received, testimony given, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the recommendations of the City's • Comprehensive Plan and the Planning Commission's recommendation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 2000 -011 submitted by the City of Brooklyn Center Economic Development Authority be approved in consideration of the following: 1. The rezoning will allow for the appropriate expansion, renovation and redevelopment of the Brookpark Dental Center which is considered to be a benefit to the public. 2. The rezoning proposal is believed to be consistent with the City's Comprehensive Plan for this area which generally calls for service /office land uses in this particular area of Brooklyn Boulevard. 3. The proposed C -1 zoning of the property is consistent and compatible with surrounding land use classifications. 4. All permitted uses in the proposed C -1 zone may be contemplated for development or redevelopment of the subject property. 5. The subject property will bear fully the ordinance development restrictions for the C -1 zoning district. 4110 • RESOLUTION NO. 6. The subject property is considered to be unsuited for uses permitted under its present zoning classification. 7. It is believed that the proposal is consistent with the guidelines for evaluating rezonings contained in Section 35 -208 of the Zoning Ordinance, is consistent with the City's Comprehensive Plan and good planning principles and is, therefore, in the best interest of the community. Date Mayor ATTEST: 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 0 City Council Agenda Item No. 8b 0 0 S MEMO To: Michael J. McCauley, City Manager From: Ronald A. Speci ist d .Warren, Planning and Zoning Spe (mil Subject: City Council Consideration Item - Planning Commission Application No. 2000 -012 Date: June 7, 2000 On the June 12, 2000 City Council Agenda is Planning Commission Application No. 2000 -012 submitted by Talisman Brookdale, LLC requesting Preliminary Registered Land Survey to modify two existing tracts of land at Brookdale Center to reflect building expansions recently approved for the shopping center. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -012 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 May 22, 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. S • Application Filed on 5 -03 -00 City Council Action Should Be Taken By 7 -02 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -012 Applicant: Talisman Brookdale, LLC Location: Brookdale Shopping Center Request: Preliminary Registered Land Survey The applicant, Talisman Brookdale, LLC, is seeking preliminary registered land survey approval to change two existing tracts of land at Brookdale Shopping Center to reflect the new building expansions recently approved for the shopping center. The proposal would also create a separate tract for the out building proposed to be located east of the Midas operation. The properties under consideration are Tract B, RLS 1469, which is the Brookdale Shopping Center common property owned by Talisman and Tract B, RLS 1649, which is the Mervyn's property. Brookdale is made up of a number of parcels or tracts which reflect the ownership interest in Brookdale. Sears, Penney's, Dayton's, Mervyn's, Midas and the Brookdale common are the various parcels. The reason for the of land from Talisman RLS is basically to swap identical areas sman owned property to Mervyn's and to also create a separate tract for the out building mentioned • • above. The areas swapped between Talisman and Mervyn's are triangular shaped and are determined based on the new building configuration proposed by the recently approved Brookdale expansion. The triangle will be carved out of the west side of Mervyn's property and added to the east side. The new Tract A of an unnumbered RLS will be the Talisman property; the new Tract B will be the Mervyn's property; and the new Tract C will be the site of out building three. The City Engineer has provided a memo regarding his review of this proposed RLS (attached). He notes potential problems with defining new property lines before completion of the proposed site plan which may require going through the RLS process again if the property lines do not accurately reflect the final building lines. He also notes the condition of City Council approval regarding the elimination of access from the perimeter road by Building No. 3 and the need to identify the location of, and provide for, an easement for the Shingle Creek Regional Trail, which also is a condition of the Planned Unit Development. For the most part, the proposed Registered Land Survey is a simple transfer of land that will accommodate the revisions being made to Brookdale due to the expansion and renovation • 5 -25 -00 Page 1 • proposed under the Planned Unit Development. A public hearing has been scheduled for this preliminary Registered Land Survey and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun Post. RECOMMENDATION The proposed preliminary Registered Land Survey appears to be in order and approval of the application is recommended subject to at least the following conditions: 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. • S • 5 -25 -00 Page 2 ��� McEE r RACE Fir wAr �i , va S t. % �/ .. l)) � � ail �� � t I ;))/> 1911!i1 4 I GM AVE N. — I MI/Iiiii144 14 I gSW, , I i i 1 I 1 a a 111 4/ 4 4A -. A ' • . \ I Min MOM Mitt //1* A 1 1 $ eaccomarties p � 0 R R1 RINIIIIR 'w *pa � , 44 EwAY BL VD litg i;�� . ■ AVgµ 711111111r IN 6.50( AYE - . . al: ,..,...,.. x ....... .,,,„,,,,,, P 1 iniia'r4,40 R ■■■ 0 C E>NRAL I I1-� .. 6311 l f 1 11111111 W l �! ��� '. CENTER VIII < ii�ii 1 1 1 1 1 1 I c 6 It j 1 A 4=c-iii ; �p i i ii t1■� � � R7 I. CIA ci CENTER , . img r ,, f tp ): -ft. ji■ A HENNEPIN CO MARYS. i . •_= tidal - 61ST VS . N - COW E6RVICE � I/ i I y 11.11. ..11. MI RM. CENTER ' nil= millml mill. 2 MO CZ 1/" .>, � E «L ; AMLE 6EM .EN MOM MI R7 a AI- raw = � I --I- .1 Fri F l • 01 g 11111 - =1 Planning Commission / I , PARK BROM SCHOOL =4 Application No. 2000 -012 r it I�� 11 " ] 14 =' 661 �1.Er�sa , A .-t =t t = L I I� _ DR. ` 661 -- 1 — _ a � =< �� t 1 a: -I t ' 7 9 ail =IL A R5 _ 1.1 A K �7 - ---- co r1o. N e _ 111 llA a _ On � t ± , 1 i M. i .V N. 17 1: ..\\, . ik . * / , so.. AvE 4 ■ 4 4tfr ior y am :"Pe" 4 11 11 i llt um Il i \ %.. "IrM E . v I. - a - Hi 111 ,; Ili um * O 4 4Y4 ...., -aim 41)Iitill\ MN I \ lila t l i r ah* E„CL! * 4 11i . irl ji1 i.,, I\ oak 0 ::/,, L iEl U STN AVE N 1 III — ..—• ���11 i MI i 0 i 1 ! 10, C . B.,,..„.. \ , InlI211 CI: $ /zit. OK ■ ■■ .. H. \ c � 2,- AL C ♦ 1121 i ll IY LILAC DR N. _ N 1➢ - 'I/ £ tx -1,- TD N. " CID 111111111 I R4 - �f " = I= Pow 1121 ( al o # I__J f%. ) - - --- 1. 1 il 2 - �� E WE • V I I I R5 1 - il ' �L� . • • F+ o • o 4 i4 14 1. ' 1 cZIiii S'' 1:rAtsi '1: Z 4 � V C TR v N p 4 ` Q /PI4X A-, w tmi a r N ' 2 " 0-A o /Po p r i g e � ° X '�'q o� n p . , r y u TRACT � A lop 7 .. TRACT £O R.L.S. .. NO. 1469 TRACT E .o ..,>' < / * ( s 9 �� RAg TNC R.I.. B N y 0a / 46g R, 9 ./ 1'°C (NOT rr 1,0 IN NOT INCLUDED / UDEN .O Q 7._ TRACT 0 . J "-R.L.S NO (NOT INC J A - - ANA _I STATE HIGHWAY NO. 100 • MEMORANDUM DATE: May 19, 2000 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer < SUBJECT: Brookdale Shopping Center - Preliminary Registered Land Survey I have reviewed the subject registered land survey and have the following comments to offer at this time. • A site improvement plan was not submitted with the application. The developer should be made aware of the risk of defining new property lines before completion of a site plan for the proposed new parcel east of the Midas Parcel. Should the proposed new parcel require additional land, the developer will be required to go through the RLS process again. • The City Council approved the Brookdale Planned Unit Development (PUD) subject to the elimination of access from the perimeter road to the parking lot east of Building Number 3. Thus, access to the existing parking will have to be through the new parcel. • Consistent with the PUD approval, the developer must identify the location and provide an easement for the Shingle Creek Regional Trail. The developer should be made aware that future site and building plan approvals will be delayed until this Council condition is met. • Copies of the RLS have been submitted to Hennepin County and the Minnesota Department of Transportation for review and comment. Any concerns from these agencies need to be addressed prior to final approval. • Any recommendations or comments of the City Attorney will also need to be considered for this plat. • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 25, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Sean Rahn, Rex Newman, Dianne Reem, Graydon Boeck and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Sara Beck. APPROVAL OF MINUTES — MAY 11. 2000 There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to approve the minutes of the May 11, 2000 meeting as submitted. The motion passed with Commissioner Graydon Boeck abstaining as he was not at the meeting. • CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2000 -011 - BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY -- - - _ Chair Willson introduced Application No. 2000 -011, a request to rezone from R -5 (Multiple Family Residence) to C -1 (Service /Office) the property at 6421 Brooklyn Boulevard to eventually accommodate the expansion of the Brookpark Dental Clinic. Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the proposal. (See Planning Commission Information Sheet dated 5/25/00 for Application No. 2000 -011 attached.) He explained that the Brookpark Dental Center has expressed interest in acquiring the property at 6421 Brooklyn Boulevard to accommodate an expansion of the dental clinic. It was mentioned that the Economic Development Authority (EDA) has acquired the property and the City has agreed to seek the necessary rezoning to C -1 so 05 -25 -00 5 Page 1 that the zoning of the property would be the same once the properties are to be combined. • Mr. Warren stated that all rezoning applications must be reviewed in light of the rezoning evaluation policy and review guidelines contained in Section 35 -208 of the City's Zoning Ordinance. Commissioner Rahn questioned where the current parking on the off -site lot is located. Mr. Warren used an overhead transparency to point out the location used for parking. He explained that most of the parking is to the rear of the office building. Commissioner Rahn questioned if there would be any problem with parking in the future after the building expansion is completed. Mr. Warren stated that he doesn't anticipate any parking problems once the expansion is complete. Commissioner Newman questioned why the EDA is involved in the procedure. Mr. Warren explained the process that has taken place. He noted the reason the EDA has become involved was to acquire the property through condemnation if necessary. An agreed upon acquisition has taken place and the property will be conveyed to Brookpark per the agreement. Commissioner Newman questioned if it is correct procedure to acquire the property first and then rezone the property. Mr. Warren explained that it is correct procedure since rezoning the property first might be considered denying the owner the highest and best use of his or her • property. PUBLIC HEARING - APPLICATION NO. 2000-011 There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to open the public hearing on Application No. 2000 -011, at 7:56 p.m. The motion passed unanimously. Chair Willson called for comments from the public. No persons from the public appeared before the Commission during the public hearing on Application No. 2000 -011. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to close the public hearing on Application No. 2000 -011, at 7:57 p.m. The motion passed unanimously The Chair called for further discussion or questions from the Commissioners. Commissioner Boeck questioned the reason the City is recommending to rezone property along 05 -25 -00 Page 2 411 Brooklyn Boulevard to a C -1 District. Mr. Warren explained that the revised Comprehensive Plan has expanded the ability to zone along Brooklyn Boulevard more intensively than ever before. He ave a brief history of the rezoning policies in the past compared to what is g rY g P p p happening today. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO.2000 -011— BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (PLANNING COMMISSION RESOLUTION NO. 2000 -021 There was a motion by Commissioner Boeck, seconded by Commissioner Rahn, to recommend to the Council that it approve Application No. 2000 -011, submitted by the City of Brooklyn Center Economic Development Authority, for a rezoning request at 6421 Brooklyn Boulevard by way of the Planning Commission Resolution 2000 -02. Voting in favor: Chair Willson, Commissioners Erdmann, Boeck, Reem, Rahn, and Whitehead. The motion passed with Commissioner Newman abstaining to avoid a conflict of interest because his daughter works for the dental center. The Council will consider the recommendation at its June 12, 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 -012 — TALISMAN BROOKDALE. LLC Chair Willson introduced Application 2000 -012, a request for Preliminary Registered Land Survey approval to modify two existing tracts of land at Brookdale Center to reflect building expansions recently approved for the shopping center. Mr. Warren ave the Commission the option to discuss the application since the applicant was g PP P Pp absent and, under normal procedure, the applicant is required to be present. Commissioner Boeck mentioned concerns regarding the City Engineer's remarks regarding the different items that are required to be included in the site plan. He mentioned that an explanation is necessary prior to approval of the application. Chair Willson stated it would be possible to move forward since there is no one present for the public hearing. Mr. Warren mentioned that he recommends moving forward with the application since it would only slow down the Bookdale PUD. Mr. Warren stated that the concerns mentioned in the City Engineer's remarks can be addressed and worked out as the plan progresses. 05 -25 -00 • Page 3 Commissioner Reem questioned if it would be possible to table the item for further discussion if after staff presented the request there were still unanswered questions. Mr. Warren stated that doing so would not be a problem. Commissioner Boeck questioned if staff is satisfied that all City ordinances have been met. Mr. Warren stated that he believed the application has met all City requirements. Chair Willson requested Mr. Warren proceed with the presentation since it was the consensus of the Planning Commission to consider it. Mr. Warren presented the staff report using an overhead transparencies to show the location of the property. (See Planning Commission Information Sheet dated 5/25/00 for Application No. 2000 -012 attached.) He explained that the properties under consideration are Tract B, RLS 1469, which is the Brookdale Shopping Center common property owned by Talisman and Tract B, RLS 1649, which is the Mervyn's property. It was mentioned that the reason for the proposed RLS is basically to swap identical areas of land from Talisman owned property to Mervyn's and to also create a separate tract for the out building as mentioned in the staff report. Commissioner Boeck questioned who owns Tract C. Mr. Warren stated that Brookdale owns Tract C. Commissioner Boeck questioned if it extends into the Mervin's parking area. Mr. Warren • pointed out the location using overhead transparencies. Commissioner Boeck questioned if there would be enough parking available to meet the demands of the shopping center. Mr. Warren stated that there would indeed be enough parking noting that Brookdale is viewed as a single entity for purposes of parking. Commissioner Boeck questioned the location of the two existing tracts. Mr. Warren pointed out the location of the existing tracts using an overhead transparency. He also pointed out the location of the trail in relation to the site. Commissioner Newman questioned if the trail affects the proposal in any way. Mr. Warren stated it doesn't affect the proposal at this time. PUBLIC HEARING — APPLICATION 2000 -012 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to open the public hearing on Application No. 2000 -012, at 8:25 p.m. The motion passed unanimously. Chair Willson called for comments from the public. 05 -25 -00 Page 4 • No persons from the public appeared before the Commission during the public hearing on Application No. 2000 -012. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application 2000 -012, at 8:26 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 APPROVE OF APPLICATION NO 2000 -012 — TALISMAN BROOKDALE., LLC There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 2000 -012, submitted by Talisman Brookdale, LLC for a preliminary Registered Land Survey, subject to the following conditions. 1. The final RLS is subject to review and approval by the City Engineer. 2. The final RLS is subject to the provisions of Chapter 15 of the City Ordinances. Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Boeck, Reem, Rahn and • Whitehead. The motion passed unanimously. The Council will consider the recommendation at its June 12, 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 Mr. Warren commented on the wall by Applebee's and explained that Brookdale is proposing to match the new exterior on the center, to give the outside appearance a finished look. It was mentioned that it will take some time before the project will be completed. Mr. Warren requested that the August 17, 2000 meeting be rescheduled to August 10, 2000 since he will be on vacation the week of August 17th. Chair Willson stated that he didn't see a problem with the request, but mentioned that he will be on vacation the week of August 10th. Commissioner Whitehead and Commissioner Newman also stated that they wouldn't be available the week of August 10, 2000. Mr. Warren stated that there will be a Special City Council meeting on June 5, 2000 at 7:00 p.m. at 05 -25 -00 Page 5 Constitution Hall to discuss the Sharing and Caring Hands proposal. He mentioned that the Planning Commission is also welcome to attend the meeting for informational purposes. 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 8:48 p.m. Chair Recorded and transcribed by: Sara Beck TimeSaver Off Site Secretarial, Inc. • 05 -25 -00 Page 6 • • City Council Agenda Item No. 9a • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE 29 YEARS OF DEDICATED PUBLIC SERVICE OF OFFICER DICK FRYER WITH THE CITY OF BROOKLYN CENTER WHEREAS, Officer Fryer was hired as a police officer by the City of Brooklyn Center on May 18, 1971; and WHEREAS, Officer Fryer has worked extensively with juveniles through his assignments as school patrol coordinator and Officer Friendly; and WHEREAS, Officer Fryer was the first D.A.R.E. officer for the City of Brooklyn Center; and WHEREAS, Officer Fryer has organized and coordinated Brooklyn Center D.A.R.E. Track and Field Day which offers an opportunity for D.A.R.E. students to participate and receive recognition in an organized athletic event; and WHEREAS, Officer Fryer has received numerous commendations for his actions in the line of duty; and WHEREAS, Officer Fryer has received numerous letters of thanks from citizens commending him for his actions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Council express their sincere gratitude to Officer Fryer for his 29 years of dedicated public service. • 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. 0 City Council Agenda Item No. 9b 0 0 MEMORANDUM DATE: June 7, 2000 TO: Diane Spector, Public Works Director FROM: Joyce Gulseth 1 SUBJECT: Resolution Thanking the Brooklyn Center Lions for their Gift in Support of Arbor Month The Brooklyn Center Lions Club has been very generous to the City in support of many recreation and community programs. For the past four years their enthusiasm and financial support has enhanced the activities associated with Arbor Month. On May 31, 2000, thirty-four students and staff from Garden City Elementary, accompanied by Lions Club members and city staff enjoyed a field trip to the Minnesota Landscape Arboretum in Chanhassen. The field trip has become an annual event with the elementary school that is designated for the Arbor Month celebration. Box lunches, backpack tours and bus transportation were all funded from a three - hundred dollar ($300) gift from the Brooklyn Center Lions Club. The members have proven that their club is intent on promoting community as a place where 110 individuals, businesses and organizations work together to make the place they reside, work and become educated in a better place to live. A resolution expressing appreciation of the gift of the Lions Club is attached for Council consideration. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION THANKING THE BROOKLYN CENTER LIONS FOR THEIR GIFT IN SUPPORT OF ARBOR MONTH WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of $300 and has designated that it be used for Arbor Day activities at Garden City Elementary School; and WHEREAS, the City Council is appreciative of the donation and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it acknowledges the donation with gratitude and appreciation. 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. 9c • MEMORANDUM • DATE: June 7, 2000 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Wor SUBJECT: Staff Report Re: TH 100 Segment 4 Design � n g Mn/DOT will be formally requesting approval of the Segment 4 design soon. Staff has been working with the Mn/DOT staff engineers, and we have developed what we think is a reasonably final design. The Indiana access option question is still open. What follows below is 1) a detailed review of the attached draft final design; 2) items for further discussion; and 3) a review of where things are at with the TKDA study of the Indiana access design options. Review of Draft Final Design Referring to the attached plan dated May 30, 2000, I will review the major design features, starting on the northwest side at Twin Lake Park proceeding east on the north side, and then Ili crossing over to the south side and proceeding west. I request that the Council consider these features and make comments. My goal is to inform Mn/DOT that aside from the question of the Indiana Avenue access, the Council has approved all the other design features. 1) Construction of Segment 4 has been officially rescheduled for 2003. The bid letting will be in the late Fall 2002, and it is likely that some work will be done in Winter 2002, such as structure removal, earthwork, and temporary bypasses. The CP Rail bridge will be reconstructed by CP Rail in 2002, which will require that the France Avenue realignment also be completed in 2002. More discussion on that work is below. Assuming that preparatory work can be completed in winter /early spring, at this time Mn/DOT believes this work can be accomplished by the end of 2003, with landscaping in 2004. 2) The south construction limit is nominally the end of the Twin Lake bridge approach, however, during construction of segment 3 (39th to Twin Lake bridge), there will be construction between the bridge and Indiana Avenue to provide for traffic bypasses. 3) A noise wall will be constructed in front of The Beach condos and Twin Lake Park from what is now Indiana west to 100 - 200 feet from Middle Twin Lake. A detention pond will be constructed in the low area between the trees and the noise wall. This will require the removal of the Twin Lake Park softball diamond from Mn/DOT right of way. The noise wall opening adjacent to Middle Twin Lake will allow us to construct a bicycle/ pedestrian trail link from the trail over the Twin Lake bridge into Twin Lake Park. • Indiana Avenue would be terminated in a cul de sac. 1 . Page 2 4) The SB ramp from France onto TH 100 has been pulled as far south as it can go, so as to avoid any impact on the racquet club. Retaining walls will be required. 5) The France Avenue bridge has been realigned from previous designs. It was pushed west to avoid impacting the Cass Screw parcel on the south, and to minimize impact on the Dale Tile parcel on the north. While it does not appear so on the plan, this design will require the acquisition of Dennys, which has been contemplated all along. (In fact, when Denny's first applied to locate on that site, they were informed that the parcel would be necessary in total for construction of an interchange at France, so they have been aware of this from day one.) This is because the elevation of Lakebreeze Avenue as it rises to approach the France Avenue bridge will preclude access from Lakebreeze. It will still be possible to access the site from the racquet club site, and it is likely that the racquet club will be interested in acquiring the Dennys site for expanded parking. 6) The ramp terminals on France will be controlled by four way Stop signs. These . intersections do not meet signal warrants. Mn/DOT will install conduit for possible future signalization. Mn/DOT has informed us that the ramps will be metered. 7) The France Avenue bridge will include a bicycle /pedestrian trail on the east side of the bridge, which will tie into trail on each side of the bridge. The bridge will constructed • with the same aesthetic design as the other bridges, that is, with the decorative features and stone work, green decorative fence, and decorative lights (the "Robbinsdale model "). 8) The France Avenue realignment will have to be constructed in 2002. This roadway would include a bicycle /pedestrian trail on the east and south sides. Mn/DOT has requested that the City construct this improvement, with Mn/DOT reimbursement. This is acceptable, and preferable, as these neighborhood streets, as well as 47th and 48th across the highway, were scheduled for reconstruction in 2002, and we can combine this into one big project. The Joslyn site developer has already consented to the realignment, and Mn/DOT has made initial contacts with NSP and with the owners of the Murphy Warehouse and made them aware this is being considered. Mn/DOT has also conducted a phase I environmental study and soil borings in the area. There is further discussion below about options to mitigate the impact of the 50th Avenue closure and the France Avenue realignment on both the commercial and residential neighborhoods in this area. 9) France Avenue would terminate just north of the railroad with a cul de sac. The 50th Avenue right in right out would be closed. 10) A noise wall will be constructed from just east of 50th Avenue to approximately the north construction limits. Mn/DOT's noise wall policy provides for noise walls adjacent to • residential areas; in commercial areas, noise walls are constructed only with the consent Page 3 • of the adjacent property owners. Since 50th Avenue at this point is commercial, at this J P Pe rtY P time there is no plan to construct a noise wall up to, around, or across 50th Avenue. If this is something that is desired by the Council and neighborhood, then Mn/DOT requires the written consent of adjacent property owners, and a resolution from the Council. 11) Crossing over to the south side, a noise wall is planned starting just south of Malmborg's, and running south to the railroad tracks. The 50th Avenue right in right out will be closed, and a detention pond constructed just north of the tracks. 12) In the industrial park, the 48th Avenue intersection will have to be closed. A new segment of Drew Avenue would be constructed to connect 47th and 48th. Mn/DOT has already started acquisition proceedings on this property, at the request of the property owner. The streets in this area, too, were scheduled for reconstruction in 2002. 13) The France Avenue bridge will require acquisition of all the residential properties on the west side of France in Brooklyn Center except one, which is questionable. Staff is working with Mn/DOT to cnosider acquiring this last property to provide for wetland replacement and additional flood storage. While these needs would be the primary reason for acquisition, this would also avoid leaving an "orphan" home. 0 14) At this time, Mn/DOT is showing the Indiana neighborhood access as being the 46th Avenue bridge. This is discussed in further detail below. A noise wall would be constructed from approximately the wetland west to the end of Lilac Drive, at the driveway into the Lakeside Office Park. 15) We are beginning to identify categories and broad estimates of local costs of this project. We know we will have some utility costs: there is a 10" watermain crossing just south of the railroad bridge that is shallow and that may have to be relocated, depending on how much the highway is lowered in that area. There is a sanitary sewer crossing at France Avenue which may have to be relocated depending on bridge construction. Some portions of the cost of the France Avenue realignment will be the City's: Mn/DOT will pay to replace in kind, but upgrades are a local responsibility. In other words, if the roadway is now 32 feet wide and we want it replaced with a 40 foot roadway, Mn/DOT would pay for 80 percent (32 feet) and the City 20 percent (8 feet). Also, any aesthetic upgrades such as colored concrete, signage, landscaping, decorative lighting, etc. are a local cost. Staff has reviewed these plans a number of times with Mn/DOT and they have been "tweaked" to the point where they are acceptable in concept. Some minor changes may be necessary during final design for technical reasons. 41) • Page 4 Items For Further Discussion 1) Aesthetics into and around the France Avenue north and south industrial parks. I have assumed that we will want to design some amenities into either the street project or the highway project, or both. These might include development of a "theme," such as a colored concrete treatment on medians and radiuses and certain types of landscaping. At this time I would expect that street lighting would be the typical "decorative" lighting of fiberglass poles and rectilinear fixtures that we are putting into neighborhoods rather than anything more elaborate. I have also assumed that we would want to install City entrance signage on the north side, with possibly a scaled -down version on the south. While it is desirable to have a good- looking industrial park, the aesthetic treatments will also help mitigate the impact of the realignment of France Avenue on the residential neighborhoods. While the route from the France Avenue interchange to the residential neighborhood will be more circuitous, it will be more attractive than the current route. 2) Residential roadway reconstruction. At this time staff is debating expanding the France Avenue realignment project to reconstruct France north to 53rd, and possibly 53rd and Old Osseo to 55th Avenue. France Avenue from 50th to 53rd is in fair to poor condition. Expanding the project all the way to 55th & Brooklyn Boulevard would provide us with an opportunity to "upgrade" what will be the other main entrance into the neighborhood. . On the down side, this expansion hasn't been previously contemplated in the CIP, so the property owners are not aware that this, along with special assessments, is a possibility. It also has not been programmed into the MSA fund 5 year plan, so we will have to evaluate our ability to pay this additional cost. Status of TKDA Study The City of Robbinsdale, with financial assistance from Brooklyn Center and the Highway 100 Council, retained the consulting firm of TKDA to provide a third party review of options for the Indiana Avenue neighborhood. Staff from both cities and Mn/DOT met several times with TKDA and with representatives from the DNR and other interested parties to work on these options. Robbinsdale was especially interested in determining if option 2, the frontage road option, could be revised so that it was acceptable to both Robbinsdale and Mn/DOT, and since it would impact protected wetlands, to the DNR as well. Staff and TKDA are in the process of developing a final report. TKDA was able to revise Option 2 so that it reduced both the cost and the environmental impact. However, there is additional work to be done to refine both option 2 (revised) and option 3A (46th Avenue bridge). It is expected that the report will be finalized within the several days, and will then be the basis of final discussions between the two cities, the Highway 100 Council, and Mn/DOT. Mn/DOT • expects that the final selection of an option will occur by mid June. • City Council Agenda Item No. 9d Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION RECOGNIZING PHIL CARRUTHERS AND PROCLAIMING JUNE 22, 2000, AS PHIL CARRUTHERS DAY IN THE CITY OF BROOKLYN CENTER WHEREAS, Representative Phil Carruthers has served in the Minnesota House f Representatives since 1987; and WHEREAS, Representative Carruthers has served in several leadership positions, including serving as Speaker of the House; and WHEREAS, Representative Carruthers has been instrumental in obtaining assistance in the form of State funding for the Brookdale area water ponding project and the addition of land, a new building, and renovations at the Earle Brown Heritage Center; and WHEREAS, Representatives Carruthers will be serving as the Grand Marshal of the Earle Brown Days parade on Thursday, June 22, 2000; and WHEREAS, the City Council of the City of Brooklyn Center wishes to express the • City's recognition and appreciation for his many efforts on behalf of the citizens of Brooklyn Center. NOW, THEREFORE, the Mayor and City Council of the City of Brooklyn Center do hereby proclaim Thursday, June 22, 2000, as Phil Carruthers day in the City of Brooklyn Center. 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. S City Council Agenda Item No. 9e i • i[ City of Brooklyn Center A great place to start. A great place to stay. To: Mayor Kragness and Council Members Hilstrom, Lasman, Nelson and Peppe From: Michael J. McCauley City Manager Date: June 8, 2000 Re: Code Enforcement The entire city has now been inspected in the sweep. The coordinated efforts of Community Development, Administration, and the Police Department has resulted in a very efficient and swift completion by the focused assignment of personnel. Ed Lovelace (Housing Inspector) headed the group. Rebecca Crass pulled the data bases together. Sgt. Frank Roth coordinated the police personnel in a very effective and positive manner. Anne Finn helped pull the various components together. • • 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 • MEMORANDUM June 8, 2000 TO: Michael McCauley, City Manager FROM: Code Enforcement Team SUBJECT: Update on Code Enforcement Activities Seasonal Sweep The seasonal code enforcement sweep began in the second week of May. Sgt. Roth Reports that inspectors are ahead of schedule. They have finished the sweep of the entire City and are now reinspecting cited properties as scheduled. Since May 8, 902 correction letters have been sent to property owners. This number includes complaint and sweep related orders. The following is a breakdown of the orders: Violation Number of Orders III garbage storage/removal 28 screening of dumpsters (commercial) 1 abandoned vehicles 2 parts/engines and related items 13 accumulation of rubbish/brush/debris 205 accumulation of junk/furniture/appliances 106 storage of commercial vehicles 22 illegal parking/storage of vehicles 185 unlicensed/inoperable vehicles 203 yard maintenance (seed & sod) 110 proper addressing 71 public nuisance 2 limitations on animals 1 III fences 19 accessory buildings 181 windows/doors/screens 41 stairs/porches/decks 17 electrical hazards 5 driving/parking area repairs 4 foundations/exterior walls/roofs 162 miscellaneous 13 Total number of Violations 1,391 Inspectors are reinspecting properties according to compliance deadlines. Thank you/compliance letters have been sent to 291 property owners. Most of the remaining 611 properties have not been reinspected because compliance deadlines have not passed. Approximately 100 second/non- compliance letters have been sent to property owners who have failed to comply with orders. Next month's report will provide the exact number of second/non- compliance letters sent. Hazardous Properties Ed Lovelace has been handling issues relating to hazardous properties. The following table lists • recently abated and existing hazardous properties. Address Issue(s) Status 5130 Howe Ln. fire damaged home pending; Aurora mortgage doing cleanup 4726 Lakeview Ave. N. fire damaged home pending; owner cleaning up yard and plans to get permit for electrical in ten days 5427 Knox Ave. N. house had burned down and was problems have been removed; property was littered corrected; property is for with junk and debris sale 7231 Knox Ave. N. garbage house; unfit for problems have been habitation corrected; property has been sold 5525 Morgan Ave. N. water and mold damage; unfit for pending; on track for habitation demolition 5327 Penn Ave. N. garbage house; unfit for owner has brought property habitation into compliance • 3506 53rd Ave. N. Abandoned by owner; unfit for First Preston corrected habitation problems i Personnel All code enforcement hiring has been completed. The Community Development intern, part-time CSOs and cadets have been conducting sweep activities for approximately four weeks. A temporary agency employee has been entering data and producing letters. The new neighborhood liaison/CSO, Jason Dodge, began on Tuesday, May 30. A full-time, temporary data entry clerk, Brenna Crass, began on June 6. Brooklyn Center Cares Inspectors have referred several residents with violations to Brooklyn Center Cares. CEAP has coordinated a three home and garage exterior painting projects. Two other residents were referred to Paint -A Thon. Senior Community Services is assisting two residents, one with a fence repair project and another with an exterior painting project. Other projects are pending. Four residents declined assistance. Attachment cc: Joel Downer Brad Hoffman • S City Council Agenda Item No. 9f • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING RECOGNITION OF MARY JANE AND ART GUSTAFSON AND LEONARD LINDQUIST WHEREAS, Mary Jane and Art Gustafson were active and involved in the Brooklyn Center area. Mary Jane Gustafson was a long -time reporter for the Brooklyn Center Post and served as President of the Brooklyn Historical Society. Art Gustafson was Manager of Dayton's at Brookdale and active and involved in the Brooklyn Center area. Leonard Lindquist is a resident of Brooklyn Center and was very involved Brooklyn y nvolved m okl n Center having rY Y Center, g served as Village and City Attorney, as well as being a member of the District 286 School Board, and serving as a Representative to the State Legislature; and WHEREAS, it would be appropriate to recognize Mary Jane and Art Gustafson and Leonard Lindquist by designating that two of the ponds at the City golf course be designated in their honor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that the City Manager be and hereby is authorized and directed to recognize Mary Jane and Art Gustafson and Leonard Lindquist by designating two golf course ponds in recognition of Mary Jane and Art Gustafson and Leonard Lindquist. 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. 1 •