HomeMy WebLinkAbout2000 07-10 CCP Regular Session AGENDA
i , CITY COUNCIL STUDY SESSION
July 10, 2000
6:00 P.M.
CONFERENCE ROOM B
1. City Council discussion of agenda items and questions
2. Discussion of Highway 100 Information
3. Council Salary Recommendation: relationship to reimbursement
4. Report on survey of Marlin Drive residents and parking observations
5. Miscellaneous
6. Adjourn
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City of Brooklyn Center
A great place to start. A great place to stay.
To: Mayor Kragness and ouncil Members Hilstrom, Lasman, Nelson and Peppe
From: Michael J. McCauley
City Manager
Date: July 6, 2000
Re: Highway 100
Attached is a memorandum from Diane Spector outlining some options for your consideration in
providing additional information and informational opportunities to residents regarding Highway
100. The report referred to in Ms. Spector's memorandum could be an edited version of the
memorandum you received last week and/or the draft letter responding to the issues raised by Mr.
Lerbs and Ms. Niesen. A draft letter to Mr. Lerbs and Ms. Niessen is also enclosed for your
consideration if you would like a response to the letter you received from them this week. Mayor
Kragness forwarded a copy of the letter from Mr. Lerbs and Ms. Niessen so that staff could prepare
information for your review.
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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
DATE: July 5, 2000
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Works
SUBJECT: Staff Report Re: TH 100 Segment 4 Design
The Council may desire to elicit further public input regarding certain elements of the TH 100
design prior to considering final approval of the design on July 24, 2000.
I recommend the following:
1) Staff would prepare a brief report regarding the elements of the Segment 4 design.
Included in this report would be a short history of the design process, and overview of
options available for the Indiana Avenue neighborhood and for the France Avenue
realignment. Where known, we would include the cost estimates of the various options.
2) This report would be mailed to all property
owners adjacent to TH 100. A suggested area
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would be all property owners south of 53rd
and west of Brooklyn Boulevard.
3) Prior to the Council meeting on July 24, staff ,
would host an open house to review
information on an informal basis with affected
property owners. I would suggest Wednesday
July 19 or Thursday July 20, from 5 pm to
7:30 pm. The actual date would depend on our ;
ability to schedule a meeting place on short
notice. We would try for Northport School,
but schools are very hard to schedule during Recommended Mailing Area
the summer. Alternatively, we could use the
West Fire Station.
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City of Brooklyn Center
A great place to start. A great place to stay. July 5, 2000
Wayde Lerbs and Diane Niesen — -
5107 E. Twin Lake Boulevard
Brooklyn Center, MN 55429 DRA
Dear Mr. Lerbs and Ms. Niesen:
The City Council has requested that I respond to the questions raised in your letter of July 4, 2000 to the
City Council regarding the Highway 100 project and the development of the design for France Avenue
after Mn/DOT determined that its original plans were not feasible due to a need to raise the CP Rail
bridge elevation. I have attempted below to address your questions, plus provide some additional history
or background which I hope will help you better understand why the City Council and City staff have
taken particular actions.
1. Regarding the relocation of France. You are correct in that the relocation of France was a more
recent element of the design process than the rest of the design of Segment 4. While the design
of the TH 100 improvements, including Segment 4, has been underway since February 1990, the
relocation of France was first proposed by Mn/DOT in February 1999. At that time, Mn/DOT
was moving forward with preliminary design, and had proposed to lower the TH 100 main line at
the CP Rail bridge to increase the clearance. In their research, they had become concerned about
the possibility of drawing contaminated groundwater from the Joslyn site into the dewatering
system which would be necessary to lower the road. The groundwater contamination right now
is successfully contained under the Joslyn site, where a pumping system pumps out the
contaminated groundwater into the sanitary sewer system.
Please understand that the contamination is at very low levels and does not pose a health risk to
persons on the surface. The pumpout is intended to prevent as much as possible my amount of
contamination from possibly entering a surface water system such as the Ryan Creek/ Ryan Lake
system, or from potentially contaminating one of the shallower aquifers from which drinking
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water is obtained. At this time, the contamination is well contained, and there does not appear to
be migration of contamination, which is very good news.
When Mn/DOT learned that there was some risk of drawing this contamination into its
dewatering, system, it immediately revised its preliminary plans to minimize the need to dewater.
This meant that they could not dewater to lower the TH 100 mainline under the CP Rail bridge.
To obtain the required clearance, the CP Rail bridge would have to be raised. The exact amount
the bridge will have to be raised is not precisely known right now, but it will be in the range of
3%2 feet to 5 feet. The exact grade change will depend upon the bridge design that CP Rail
selects, and that won't be determined for sure until final design. We do know it will be
somewhere in that range. This raised elevation then affects the France Avenue crossing, which
also would have to be raised anywhere from 3% to 5 feet.
There are essentially three options for addressing this grade change: lower France Avenue to
create an underpass; raise France Avenue to create an at -grade crossing; or relocate France
• Avenue. Mn/DOT immediately rejected the underpass as technically infeasible, citing the same
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 ActionlEqual Opportunities Employer
Page 2
groundwater concerns that caused the rejection of the option of lowering the TH 100 mainline.
If the groundwater issues could be resolved, the underpass option would cost an estimated $3.5 -4
million. Raising France Avenue would create access and drainage issues for the commercial
properties on the east side ofFrance, and would cost an estimated $2.5 -3 million, all in local
(i.e., not federal of state) funds. Mn/DOT proposed to relocate France Avenue to cut diagonally
through the Joslyn site.
At a meeting in early February 1999, Mn/DOT presented this option to City staff. The City
immediately opposed the relocation because it bisected a prime redevelopment area. Instead,
City staff proposed that the relocation be moved further west so that it coincided with a common
driveway through the redevelopment property. Mn/DOT agreed to review this alignment. This
development was reported immediately to the City Council. Staff meanwhile reviewed the
proposed Mn/DOT alignment with the developer of the Joslyn site, who raised a number of
objections to it. The developer was pleased with the City staff proposal asitailowed the site,
which was a Brownfield considered a high priority to redevelop, to be developed to its maximum.
Please note that the Mn/DOT proposed realignment would have impacted not only the
Sketchbook Tile property, but also the eastern portion of the Joslyn property, and the Hwy 100
Racquet Club parking lot property, both of which were acquired privately by the developer rather
than by eminent domain.
In late February 1999, the City formally requested the Metro Division Engineer, Mr. Dick Stehr,
to consider the City's proposed realignment, and he immediately directed his staff to begin field
work to develop the City's option. On March 2, 1999, City Council Member Ed Nelson
requested Transportation Commissioner Elwin Tinklenberg to consider an underpass option, and
on March 22, 1999 Mr. Stehr responded for the Commissioner that Mn/DOT had determined that
the underpass option was infeasible and that it would not be pursued.
During the various informational meetings and public hearings regarding the development of the
Joslyn site over the summer months of 1999, the relocated France Avenue was shown on all
plans and even described in the Brookl Center Post. The relocation was a part of the site plan
and the redevelopment agreement approved by the City Council in 1999.
2) Regarding the Joslyn Superfund Site. Remediation of soil contamination on the site is complete,
and all of the site except the westernmost area between the fence and the lake has been officially
Delisted, or removed from the Permanent List of Priorities, by the Minnesota Pollution Control
Agency. It is now being published in the Federal Register for a 30 day comment period, after
which it will be Delisted from the Superfund NPL. The Joslyn Corporation is working to Delist
the outlot which is adjacent to Twin Lake, and that is on a different schedule.
All the soil which had the highest levels of contamination has been removed from the Joslyn site.
The remainder of the soil, which had lower levels of contamination, has been treated in the Land
Treatment Unit, then removed from the LTU and used as fill beneath the Wickes building. All
the other soil on site is clean fill which bps been brought in from off site. There is a small
amount of "residuals," such as some tree stumps and extremely small pockets of low level
• contamination in the areas immediately adjacent to the monitoring wells. When those are
relocated this Fall for construction of storm water treatment ponds for the site, the developer has
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received permission from the PCA to excavate that small amount of material and bury it under
berms.
During the treatment process and also as a condition of Delisting, extensive air monitoring was
conducted on the site. This air monitoring found no evidence of airborne contaminants. I don't
know the source of any odors you may have experienced recently. I speculate they may have
come from the heavy earthmoving equipment which has been at the site periodically during the
soil corrections and regrading which is currently preparing the site for construction of another
building later this Fall.
As to the fencing and signage, there is no longer the requirement that the Delisted area be fenced
off with warning signage, and I would expect that the developer would eventually change the
type of fencing and signage adjacent to the developed area. The area closest to the lake, known
as the "West Area," has not yet been Delisted, and there is a requirement that it be fenced off to
prevent casual entry.
The Delisting of the sites by the PCA and EPA indicates that those agencies certify that the site
is no longer a threat to human health and safety. I can say very confidently that a roadway and
bicycle trail through the site in no way endangers or jeopardizes the public health apd safety.
3) Regarding environmental impacts. The relocated roadway will likely result in the loss of some
trees. Unfortunately, this is often the case. We do try to minimize the impact on trees through
creative road design. Where we cannot avoid impacts on trees, road projects are followed up by
landscaping projects. A good example of this philosophy is the 69th Avenue Parkway between
Brooklyn Boulevard and Palmer Lake. This project won the 1994 City Engineer's Association
Project of the Year Award.
Our wetland maps indicate that there may be a jurisdictional wetland in the general area of the
proposed roadway. One of the first steps in the road design process would be a wetland
delineation to determine the type and extent of any wetlands. Again, the design of the roadway
would be such that we would avoid as much as possible any wetland impacts. The Shingle
Creek Watershed Management Commission is the Local Government Unit (LGU) for wetland
impacts under the Wetland Conservation Act.
There is no requirement for an EAW for this proposed relocation. We expect there would be no
impact at all on Middle Twin Lake from this proposed relocation.
4) Design issues. As discussed in item #1 above, City and Mn/DOT staff did review the possibility
of raising France Avenue to continue the at -grade crossing. This option would be only slightly
less expensive than the underpass option in that most of the cost impact is the acquisition of right
of way south of the railroad. This option also causes some grading and drainage issues for the
commercial properties north of the railroad.
The relocated France Avenue crossing is on a curve. However, that curve has been reviewed and
approved by Mn/DOT State Aid traffic design engineers, and the curve and the crossing has been
reviewed and approved by CP Rail design engineers. We are confident that the roadway would
be safe as designed.
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Page 4
In summary, this proposed relocation of France Avenue was presented to the City Council in February
1999, almost a year and a half ago. It has been reviewed several times by the Council, and was approved
as a part of the Joslyn site plan and development agreement. The proposed relocation is a compromise
developed jointly by Mn/DOT and City staff, and the Joslyn site developer.
Redevelopment of the Joslyn site has been a very high priority of the City Council. There will be very
substantial benefit to the community from this redevelopment. The redevelopment when complete is
expected to generate more than $600,000 annually in property taxes. This compares to the current
property taxes of about $65,000. This substantial increase is of great benefit not only to the City, but
also to the Robbinsdale school district. As the development is completed, new jobs will be created - an
additional benefit. Any France Avenue option which compromises the ability to fully redevelop the
Joslyn site compromises the ability of the community and school district to fully benefit from this
significant development.
We have reviewed all the options which are available to us, and have made recommendations that we
believe are in the best interest of the community as a whole. The proposed relocation of France Avenue
does the best job of balancing cost to the City, benefit to the City in the form of dramatically increased
tax base and additional jobs, and reasonable access. While we acknowledge that this is not the perfect
solution, it is a reasonable solution which allows the long awaited TH 100 project to move forward to
reality.
Mn/DOT has established a time line for the decision making process which requires the City Council to
make a decision by the end of July 2000. The project time line is already 4 months behind schedule, and
further delay will mean that Mn/DOT will not be able to deliver a final design in time for construction in
2003. This segment is fully funded by the special one -time funding appropriated in the last legislative
session for removing bottlenecks on Metro area highways. This funding must be committed in 2003 or it
will be lost and will revert to the state's General Fund. Mn/DOT does not have the ability through its
regular funds to fully fund this project in the state Transportation Improvement Program (TIP), thus the
only source of funds sufficient to build this project are the special one -time funds. The loss of funding is
not a Mn/DOT threat, it is a condition of the legislative funding.
I hope that this has answered the questions you raised in your letter. If you do have any further
questions, please contact Director of Public Works Diane Spector at 569 -3340.
Sincerely,
Michael J. McCauley
CITY MANAGER
cc: Mayor Myrna Kragness and Council Members
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d — bMinnesota Pollution Control Agency
June 12, 2000
Mr. Francis X. Lyons
Regional Administrator
U.S. Environmental Protection Agency
77 West Jackson Boulevard
Chicago, IL 60604 -3590
RE: Concurrence with the Partial Deletion of to Joslyn Manufacwring and Supply _Company
Superfund Site from the National Priority List
Dear Mr. Lyons:
The Minnesota Pollution Control Agency (MPCA) concurs with the decision of the
U.S. Environmental protection Agency to delist the Joslyn Manufacturing and Supply Company
Site ("Site") (except the West Area) from the National Priority List. The portion of the Site
being proposed for delisting consists of Lots 1, 2, and 3 of the Site (see the attached survey map).
The decision is based upon the fact that the responsible party has implemented appropriate
response actions for Site soils (Operable Unit 4) and that no further Superfund response is
appropriate for Site soils (except in the West Area) in order to provide protection for human
health and the environment.
On June 1, 2000, the MPCA delisted the Site (except for the West Area) from the State of
Minnesota's Permanent List of Priorities (see attached memorandum from Commissioner
Studders to Timothy ScheaCh).
Sincerely,
James L. Warner, P.E.
Director
Metro Division
JLW:csa
Enclosure
• cc: Cara Grabinski, Joslyn Manufacturing Company
Maclay Hyde, Real Estate Recyciing
$20 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (651) 296.6300 (Voice); (651) 292 -5332 (TTY)
St. Paul - Brainerd - Detroit Lakes - Ouluth - Mankato - Marshal) - Rochester - Viumar; www.pca.state.mn.us
Equal opportunity Employer • Printed on recycled paper eontalninp at least 20 leers from paper recycled by consumers.
i DEPARTMENT : POLLUTION CONTROL AGENCY STATE OF WNNESOT leeei
Office Memorandum
DATA: June 1, 2000
I,
To: Timothy K Scherkenbach' k�1 v ri•1�
Division Director
Policy and Planning Division JUN 0 2 01
FROM: Karen A. Studders M DW
Commissioner
Site Remediation
PHONE: (651) 296 -7301
sti mcT : Approval of a-P-a dal- Deletion of the Joslvn M=ufacturing and Supply Company Site
&m Minnesota Environmental Response and Liability Act Permanent List of
Priorities
Pursuant to the Minnesota Environment Response and Liability Act, Minn. Star § 11513.17 (1998), and
Minn. R. ch. 7044 (1999 the Minnesota Pollution Control Agency (MPCA) proposed a modification to
the Permanent List of Priorities (PLP). The State Register notice of this proposed modification of the
PLP was published on May 17,1999, with the public .comment period ending on June 17, 1999 (see
Attachment 1).
The MPCA proposed the deletion of a portion of the Joslyn Manufacturing and Supply Company (Joslyn)
site, Brooklyn Center, Hennepin County. The MPCA proposed to delete all areas of the site, except for
what is known as the "West Area" (see Attachment 2). The MPCA received no comments concerning
this proposed partial site deletion.
In addition, Minn. Stat. § 116.03, subd. l (e) (1998X authorize /the Commissioner of the MPCA to make
decisions on behalf of the MPCA concerning the deletion of sites from the PLP. Therefore, on behalf of.
the MPCA, -1 hemby- delete from the PLP the portion of the Joslyn site that is described in Attachment 2.
KASjmn
Attachments
cc: Jocelyn Olson, Attorney Oenerai's Office
Jim Warner, MPCA, MDMO
Jerry Stahnke, MPCA, MDSR
Mark Schmitt, MPCA, PPRF
Barb Jackson, MPCA, MDSR
Mike Kanner, MPCA, MDSR
Bruce Brott, MPCA, MDSR
Dave Douglas, MPCA. MDSR
•
TTV (for hesrina wW swch lmpxhvd only): (651) 282.5332
primed on regWied paper eowob►gar Ifm 10% ibmfraa, paper raoyo/ed by eaiswners
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r City of Brooklyn Center
A great place to start. A great place to -stay.
To: Mayor Kragness and Council Members Hilstrom man, Nelson and Peppe
From: Michael J. McCaul
City Manager
Date: July 6, 2000
Re: Financial Commission Council Salary Recommendations
The purpose of this item is to discuss directions in response to Financial Commission
recommendations on Council salaries. Mr. Hansen raised the issue if the Council would want to
revisit the internet reimbursement policy if the increased compensation recommendation was
adopted.
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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 Bmployer
t
- 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: July 6, 2000
Re: Marlin Drive survey
Attached is a copy of a mailing that will be sent to the residents along Marlin Drive to better gauge
the issues and seek input from all of the residents prior to making any specific plans to respond to
the parking complaint. As indicated in the monitoring, very few cars have been found to be parked
along Marlin Drive and some days there have been no cars when staff has monitored.
I
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
A great place to start. A great place to stay.
July 6, 2000
Dear Marlin Drive Resident:
Some residents of this area recently expressed their concern to the City Council that there is on
street parking occurring on Marlin Drive for periods longer than the maximum 6 hours allowed
by ordinance. The residents suggest that the vehicles are "overflow" from the 65th Avenue Park
and Ride.
For several weeks we have been informally monitoring on street parking, and have found very
few vehicles parked. For several days in the middle of June, Police Code Enforcement staff have
made regular checks in the morning and then again four to five hours later. Some days they
have found 1 -3 vehicles parked in the morning and again in the afternoon, and some days have
found none. License plate surveys indicate that most of these parked vehicles are registered to
Brooklyn Center residents.
Some neighbors have said that the amount of on street parking was much greater before
i Memorial Day, but has dropped off since summer has begun. So that we can better understand
the problem and what the neighborhood wishes to do about it, we have enclosed a short survey
form for you to fill out and return. The survey form should only take a few minutes to fill out,
and will be used to determine a course of action.
Sincerely,
Diane Spector
DIRECTOR OF PUBLIC WORKS
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6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community enter Phone & TDD Number 612 569 -3400 • FAX (612) 569 -3494
y ( )
An Affirmative Action /Equal Opportunities Employer
! w `
MARLIN DRIVE SURVEY
JULY 2000
Some residents have said that there are vehicles parking on Marlin Drive longer than the
maximum 6 hours allowed by City ordinance. They suggest that this is "overflow" parking from
the Park and Ride. Please take a few minutes to fill out this survey and return it by Friday, July
14, 2000. Your responses will determine the course of action to be taken.
1) In your opinion, does there appear to be an on -street parking problem on Marlin Drive?
Yes No
Comment:
2) Which of the following options would you prefer? (Check only one)
Post the street "No Parking 6 -9 AM"
Post the street "6 Hour Parking Only"
Post the street "No Parking"
Do nothing
3) Do you have any other comments?
Please return this survey by Friday, July 14, 2000 to: Engineering Division
Fax: 763 -569 -3494 6301 Shingle Creek Parkway
. E -mail: info @ci.brooklyn- center.mn.us Brooklyn Center, MN 55430
CITY COUNCIL MEETING PUBLIC copy
City of Brooklyn Center
• July 10, 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
time for problem solving or reacting be used as a p g g 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
considered at the end of Council Consideration Items.
a. Approval of Minutes
- Councilmembers not present at meetings will be recorded as abstaining from the vote
on the minutes.
1. June 19, 2000 - Work Session
2. June 26, 2000 - Study Session
3. June 26, 2000 - Regular Session
e
b. Licenses
C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
7. Presentation by Financial Commission Chairperson
a. Recommendation of the Financial Commission Regarding the Policy and Procedure
on Requests for Proposals for Financial Professional Services
Resolution Amending the Policy and Procedure on Requests for Proposals for
Financial Professional Services
• - Requested Council Action:
- Motion to adopt resolution.
CITY COUNCIL AGENDA -2- July 10, 2000
b. Recommendation of the Financial Commission Regarding the Mayor and Council
Member Total Compensation
-Requested Council Action:
- Motion directing staff regarding recommendation.
8. Planning Commission Items
a. Planning Commission Application No. 2000 -014 Submitted by Allen J. Franz, Franz
Engineering Reproductions, Inc. requesting approval of a Planned Unit Development
(PUD) amendment to construct a 20,670 sq. ft. service /office commercial complex on
a 2.28 acre parcel of land at 2781 Freeway Boulevard. The Planning Commission
recommended approval of this application at its June 29, 2000, meeting.
Resolution Regarding Disposition of Planning Commission Application No.
2000 -014 Submitted by Franz Engineering Reproductions, Inc.
- Requested Council Action:
-Motion to approve Planning Commission Application No. 2000 -014 subject
to the conditions recommended by the Planning Commission.
b. Planning Commission Application No. 2000 -015 Submitted by Exodus Community
Development Company requesting a Special Use Permit to provide a child care
operation at the former Brook Park Baptist Church, 4801 63rd Avenue North. The
Planning Commission recommended approval of this application at its June 29, 2000,
meeting.
- Requested Council Action:
-Motion to approve Planning Commission Application No. 2000 -015 subject to
the conditions recommended by the Planning Commission.
9. Council Consideration Items
a. TH 100 Update
- Requested Council Action:
-Staff report.
b. Mayoral Appointments to Housing Commission
- Requested Council Action:
- Motion to ratify Mayoral nominations.
C. Code Enforcement
- Requested Council Action:
-City Manager will provide report.
•
CITY COUNCIL AGENDA -3- July 10, 2000
d. An Ordinance Amending Chapter 7 of the City Ordinances Regarding Refuse
Containers
- Requested Council Action:
- Motion to approve first reading and set date of public hearing for August 14,
2000.
e. Council Goals
- Requested Council Action:
-City Manager will provide report.
10. Adjournment
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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
GENERAL WORK SESSION
MEETING WITH FINANCIAL COMMISSION
JUNE 19, 2000
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met for a general work session with the Financial Commission
at Brooklyn Center City Hall in the Council Chambers and was called to order by Mayor Myrna
Kragness at 7:00 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 Finance Director Charlie Hansen.
Others present were Financial Commission Chair Donn Escher, and Financial Commissioners Jay
• Hruska, Mark Nemec, Jerald Blamey, Timothy Elftmann and Gavin Wilkinson.
Also present were Clifford Hoffman and Michelle Henricks of Deloitte & Touche.
DISCUSSION OF 1999 FINANCIAL AUDIT
Auditor Clifford Hoffman presented the City of Brooklyn Center Selected Financial Information
Report, dated December 31, 1999. He reviewed the report in light of new GASBY requirements for
reporting of fund balances.
Mr. Hoffman noted that the report showed a 7% increase in property values within the community
in 1999. He also noted that the City's financial condition was excellent, and showed capacity for
future projects.
New GASBY reporting requirements will require that the City place a value on all real property,
such as parks and streets, within the next years. The City will meet these new requirements by
placing a value on all improvements based on historical costs.
Michelle Henricks reviewed the City's CAFR (Comprehensive Annual Financial Report) for 1999.
• 06/19/00 -1- DRAFT
The audit includes 3 reports, the statement of CAFR report being free of material misstatement, and •
independent auditors report which considered the City's internal controls and results of internal
compliance testing, and a management content letter with suggestions for various improvements.
Charlie Hansen reviewed the management response letter to the Auditor's suggestions.
ADJOURNMENT
The meeting adjourned at 8:20 p.m.
City Clerk Mayor
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06/19/00 -2- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JUNE 26, 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 Kragness
at 6 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.
1. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS
Councilmember Lasman discussed City Council Agenda Item No. 9a, Public Hearing Regarding
• Amendment to the Community Development Block Grant Program. She inquired about tracking
the benefit to Brooklyn Center residents and also inquired about CEAP providing assistance with
household chores, which is not an exterior improvement. City Manager Michael McCauley said that
CEAP will provide the City with a report on all the assistance it provides to Brooklyn Center
residents. The household chores would include raking and other yard work, as well as interior work.
CEAP provides many services, and the CDBG money will expand the services related to house
maintenance and repair.
Councilmember Nelson discussed City Council Agenda Item No. 11 b, Public Hearing Regarding
Private Kennel License Application Submitted by Jean Wessling, 5649 Brooklyn Boulevard. He
inquired of the last time Council approved a private kennel license. Mr. McCauley responded that
it was January or February 2000, and the Council placed the condition that it be reviewed after one
year.
Councilmember Lasman discussed City Council Agenda Item No. 11 a, Resolution Amending
Personnel Rules and Regulations Regarding City Vehicles. Mr. McCauley explained that the
Teamsters contract provides language identifying which City employees are authorized to take home
a City vehicle, and it was recommended by the City's labor consultant to remove the language from
the City's policy that is covered in a labor contract.
•
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2. DISCUSSION OF 2001 BUDGET PROCESS AND GOALS •
Mr. McCauley explained he is seeking input from the Council on specific items the Council wishes
to see included in the 2001 budget and anticipated revenue targets. Councilmembers discussed
various issues including, information on costs for traffic signal override systems for emergency
vehicles; Highway 100 infrastructure costs for Phase IV; and Twin Lake water quality study. Mayor
Kragness discussed youth and teen activities and the City funding an activity for teens.
Councilmember Hilstrom raised the issue of street improvement projects and the City's
responsibility for sod replacement. There was discussion regarding the dying sod issue, providing
a brochure to educate the homeowner on the care of new sod, responsibility for the care of the sod,
and future efforts to deal with sod replacement.
Councilmember Nelson raised the issue of a left turn lane on northbound Shingle Creek Parkway
into the south parking lot of City Hall. Mr. McCauley indicated that Public Works Director Diane
Spector was researching this issue, but it may not be conducive to traffic safety.
Mr. McCauley provided an overview of the 2001 budget. There will be no HACA increases; and
current LGA are extremely small. A tax levy increase of three percent raises only $201,000; four
percent is $268,000. A three percent salary increase costs just over $260,000. He is projecting an
increase in revenues between three and four percent. He outlined some of the proposed budget
issues as follows: a large police equipment request; additional cost in MIS with web site
development; part-time benefits; additional personnel in park maintenance division; software
conversion; increased PERA contributions; and street projects in front of City facilities (no
assessments to recapture costs).
3. MISCELLANEOUS
Councilmember Peppe raised the issue of the Council- approved concept for Highway 100 and
France Avenue plans.
Councilmember Hilstrom discussed an inquiry she received from Mr. Olson, 6532 Brooklyn
Boulevard. She said he would like something in writing indicating exactly what is happening with
his property in conjunction with the Brooklyn Boulevard Project. Ms. Spector said that Mr. Olson
has received materials regarding the project and that there is no plans for beautification on his side.
Mr. McCauley responded that he can have the information provided to Mr. Olson.
There was discussion regarding the property at the northwest corner of Brooklyn Boulevard and 63rd
Avenue. Mr. McCauley said he would request an update on the status from the City's Prosecuting
Attorney Bill Clelland.
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• 4• ADJOURNMENT
A motion by Councilmember Lasman and seconded by Councilmember Nelson to adjourn the City
Council study session at 6:40 p.m. passed unanimously.
City Clerk Mayor
•
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. 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
JUNE 26, 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 6:40 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.
Patricia Murphy, 6449 Marlin Drive, addressed the Council with concerns relating to the MCTO
Park and Ride overflow parking on Marlin Drive. She stated that when the discussions were held
to build the Park and Ride, MCTO said there would not be concerns with overflow parking and the
Police Department would intervene and enforce the six -hour parking limit, but this is not being
enforced. She believes bus ridership will increase, and she requested the street be posted with six -
hour parking limit signs. She also indicated that there hasn't been as much of a problem since
Memorial Day. City Manager Michael McCauley responded that the Public Works and Police
Departments are monitoring Marlin Drive for violators. He will provide a report of the findings.
Diane Niesen, 5107 East Twin Lake Boulevard, addressed the Council with several concerns
regarding the preliminary design of Segment 4 of Highway 100. She is concerned with the
realignment of France Avenue and its impact on the area. She stressed that the residents should be
involved and given an opportunity to provide input and options.
Mary McGowan, 6407 Marlin Drive, addressed the Council with concerns regarding the replacement
sod that was laid after the street improvements. She noted that several of the neighbors have found
brown patch fungus on the sod. Mr. McCauley responded he will look into it and update the
Council.
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ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Nelson and seconded by Councilmember Hilstrom to adjourn informal
open forum at 6:58 p.m. passed unanimously.
2. INVOCATION
Reverend Jerry O'Neill, Cross of Glory Lutheran Church, offered the invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna
Kragness at 7 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, Finance Director
Charlie Hansen, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson.
5. COUNCIL REPORT
Councilmember Lasman reported that she attended the League of Minnesota Cities annual
conference June 13 -16 in St. Cloud, along with City Manager Michael McCauley and Administrative
Specialist Anne Finn. The City received the League's City Achievement Award for Innovation and
Excellence in Cooperation for 2000 for its after- school enrichment program. She commended Sue
LaCrosse for her coordination of the program and work with the grant proposal. She also
congratulated Mr. McCauley on his election to the League of Minnesota Cities board.
Councilmember Hilstrom reported that Earle Brown Days was a tremendous success and thanked
the Brooklyn Center Lions and City staff for all their hard work.
Councilmember Nelson expressed his appreciation to all persons who participated in Earle Brown
Days. He reported his attendance at the Northwest Suburbs Cable Communications Commission
meeting on June 16. He introduced Rex Newman, City representative for Northwest Suburbs Cable
Communications Commission, who explained the cable commission is discussing the creation of
competition for consumers of cable TV and other services in the area.
Councilmember Peppe reported his attendance at the June 15 Crime Prevention organizational
meeting which included apartment owners and managers, business owners, and representatives from
the Brooklyn Community Chamber of Commerce. The goal is to brainstorm and discuss ways to
reduce crime activity in the community. •
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i
Mayor Kragness reported her attendance at the United States Conference of Mayors in Seattle,
Washington, June 9 -13.
6. PRESENTATION: KATHLEEN ROACH, EXECUTIVE DIRECTOR OF
NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL
The following representatives were present from Northwest Hennepin Human Services Council
( NWHHSC): Kathleen Roach, Valerie Jones, Kathleen Ganter, and Shana Cadwell. Ms. Roach
distributed the NWHHSC 1999 annual report and accompanying materials. She explained that
NWHHSC is responsible for the overall research, planning, and coordination of human services for
the northwest Hennepin area. She discussed the planning services provided by NWHHSC and
identified some of the programs which include: Home Free Shelter for Women and Children,
Northwest Mental Health Center, Emergency Services Program for Northwest Hennepin County
residents, and POINT Northwest for Runaway Youth. She said there exists an Advisory
Commission which consists of citizen representatives from the 15 cities in northwest Hennepin
County. She identified the collaborative efforts which include: CO -OP Northwest, Northwest
Hennepin Family Services Collaborative, Success By 69 Northwest, and Northwest Hennepin
Family Independence Network (FIN), Welfare -To -Work Initiative. She explained that the funding
the City provides addresses the needs of the citizens in the areas of human services, human rights,
senior services, youth, education, transportation, housing, and several other areas.
Ms. Ganter, NWHHSC City advisory commissioner, gave an overview of the purpose of the
• advisory commission and its activities and its need for another representative from Brooklyn Center.
She explained that an advisory commissioner is charged with the responsibility of identifying and
prioritizing the human service needs which are then summarized in a Community Social Services
Act Report.
Ms. Jones explained she is responsible for the communications efforts for NWHHSC, including
advertising and strategy, brochures, annual report, and mobile displays. She spoke of the City
liaison effort in which a NWHHSC representative is linked to a City staff member to coordinate
human service needs. She said it is a goal of NWHHSC to increase the awareness of the agency's
activities amongst its contributing cities.
Mayor Kragness thanked the representatives of NWHHSC.
7. APPROVAL OF AGENDA AND CONSENT AGENDA
A motion by Councilmember Nelson and seconded by Councilmember Lasman to approve the
agenda and consent agenda passed unanimously.
7a. APPROVAL OF MINUTES
A motion by Councilmember Nelson and seconded by Councilmember Lasman to approve the
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minutes as printed from the June 5, 2000, Special Session; June 12, 2000, Study Session; and
June 12, 2000, Regular Session, passed unanimously.
7b. LICENSES
A motion by Councilmember Nelson and seconded by Councilmember Lasman to approve the
following list of licenses passed unanimously.
GARBAGE HAULERS
Ace Solid Waste Inc. 3118 162nd Lane NW, Anoka
Walters Recycling & Refuse P.O. Box 67, Circle Pines
Walz Brothers Sanitation P.O. Box 627, Maple Grove
MECHANICAL
Conrad Mech Contractors, Inc 509 1st Ave. NE, Minneapolis
RENTAL
Renewal:
7018 Brooklyn Blvd. Thomas Schaff
5243 Ewing Ave. N. Roland Scherber
5412 - 12 '/z Fremont Ave. N. Gary Anakkala •
4207 Lakeside Ave. N. #123 Donna Kabanuk
3813 Urban Ave. N. Arthur Hogenson
Initial:
6749 Humboldt Ave. N. Kwi Ha Wong
6757 Humboldt Ave. N. Kwi Ha Wong
6761 Humboldt Ave. N. Kwi Ha Wong
SIGNHANGER
Equity Construction Co 561 Third Street, Excelsior
Install This Awning & Sign Co 5345 4th Street, Brooklyn Center
TOBACCO RELATED PRODUCTS
Tobacco Castle Inc. 5625C Xerxes Ave. N.
7c. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT,
IMPROVEMENT NOS. 2000 -04, 05, AND 06, CONTRACT 2000 -C, 73RD
AVENUE, HUMBOLDT AVENUE TO CAMDEN AVENUE STREET,
STORM DRAINAGE AND UTILITY IMPROVEMENTS
06/ _ _ •
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• RESOLUTION NO. 2000-113
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT NOS.
2000 -04, 05, AND 06, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT AVENUE TO
CAMDEN AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
7d. RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT FOR SURVEYING SERVICES FOR
IMPROVEMENT PROJECT NOS. 2000-04,05, AND 06, CONTRACT 2000 -C,
73RD AVENUE
RESOLUTION NO. 2000-114
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT FOR SURVEYING SERVICES FOR IMPROVEMENT PROJECT NOS. 2000 -04,
05, AND 06, CONTRACT 2000 -C, 73RD AVENUE
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
7e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES
RESOLUTION NO. 2000-115
Councilmember Nelson introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF
DISEASED TREES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Lasman. Motion passed unanimously.
8. PRESENTATION AND ACCEPTANCE OF ANNUAL FINANCIAL REPORT
Mr. McCauley introduced Cliff Hoffman, Partner of Deloitte & Touche, the City's auditor. Mr.
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Hoffinan gave a presentation of the City's audit results for year ended 1999. He believes the City's
Comprehensive Annual Financial Report will continue to earn the certificate of excellence in
financial reporting which less than 2% of the governmental units earn. He said there are no material
weaknesses in internal control. The City follows a conservative accounting that charges today's
taxpayers for today's services in today's cost of government. He reviewed the City's operating fund
status and the Government Accounting Standards Board rule regarding City investments, and noted
that Brooklyn Center holds its investments to maturity and is not in the business of buying and
selling government bonds. With regard to the general fund revenues, he pointed out the City is in
control of 72% of its own revenues. In reviewing the general fund expenditures, Mr. Hoffman said
the City is consistent from year to year, which means the City is providing consistent level of
services. He stated the City's one -year property value growth of 7% is very good. He reviewed the
enterprise funds and noted that Earle Brown Heritage Center is not capable of covering depreciation
expense which is typical of convention centers. He compared the market values and legal debt
margin and explained that in exchange for issuing approximately $7 Million in new debt in 1997,
property values rose by over $100 Million; over a 10 to 1 payback.
Mayor Kragness thanked Mr. Hoffman for his presentation and Finance Director Charlie Hansen.
RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE
CALENDAR YEAR ENDED DECEMBER 31,1999, AMENDING THE 1999
GENERAL FUND BUDGET, AND RATIFYING INTERFUND LOANS is
RESOLUTION NO. 2000-116
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF
THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31,
1999, AMENDING THE 1999 GENERAL FUND BUDGET, AND RATIFYING INTERFUND
LOANS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Peppe. Motion passed unanimously.
9. PUBLIC HEARINGS
9a. REGARDING AMENDMENT TO CITY OF BROOKLYN CENTER'S 2000
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Mr. McCauley explained that the City Council had previously adopted a Community Development
Block Grant program budget for the fiscal year which starts July 1, 2000. It was necessary to adopt
the budget in April, and there was discussion at that time that an amendment may be brought back
i
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to the Council given the new requirements for CDBG expenditures which would not allow monies
to be allocated for the 53rd Avenue Project as anticipated. The majority of the funds was allocated
to rehabilitation of private property and a small amount to the H.O.M.E. program. The proposal
would amend the budget to transfer $27,000 from the rehabilitation of private property into the
neighborhood public service project, which is a cooperative venture undertaken by H.O.M.E. and
CEAP. This proposal would expand services to provide additional services to senior citizens,
disabled persons, and to address code enforcement issues to improve the community.
A motion by Councilmember Lasman, seconded by Councilmember Peppe to open the public
hearing regarding amendment to City of Brooklyn Center's 2000 Community Development Block
Grant Program passed unanimously.
No one wished to address the Council.
A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the public
hearing regarding amendment to City of Brooklyn Center's 2000 Community Development Block
Grant Program passed unanimously.
RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY
STATEMENT OF PROJECTED USE OF FUNDS FOR YEAR 2000 BY
REALLOCATING $27,000 FROM THE REHABILITATION OF PRIVATE
PROPERTY PROJECT TO EXPAND SERVICES UNDER THE EXISTING
. HOUSEHOLD OUTSIDE MAINTENANCE FOR THE ELDERLY (H.O.M.E.)
PROGRAM AND TO FUND A NEW HOUSING SERVICE PROJECT
RESOLUTION NO. 2000-117
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AMENDING THE URBAN HENNEPIN COUNTY STATEMENT OF
PROJECTED USE OF FUNDS FOR YEAR 2000 BY REALLOCATING $27,000 FROM THE
REHABILITATION OF PRIVATE PROPERTY PROJECT TO EXPAND SERVICES UNDER
THE EXISTING HOUSEHOLD OUTSIDE MAINTENANCE FOR THE ELDERLY (H.O.M.E.)
PROGRAM AND TO FUND A NEW HOUSING SERVICE PROJECT
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Hilstrom. Motion passed unanimously.
9b. PRIVATE KENNEL LICENSE APPLICATION SUBMITTED BY JEAN
WESSLING, 5649 BROOKLYN BOULEVARD
Mr. McCauley explained that a private kennel license application was received by Jean Wessling,
5649 Brooklyn Boulevard. The application was denied by the City Manager, and the applicant has
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an appeal to the City Council to conduct a public hearing.
Mayor Kragness invited the applicant to address the Council. The applicant was not present.
A motion by Councilmember Lasman, seconded by Councilmember Nelson to open the public
hearing on a private kennel license application submitted by Jean Wessling, 5649 Brooklyn
Boulevard, passed unanimously.
No one wished to address the Council.
i
A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the public
hearing on a private kennel license application submitted by Jean Wessling, 5649 Brooklyn
Boulevard passed unanimously.
A motion by Councilmember Nelson, seconded by Councilmember Hilstrom to render final decision
to affirm the City Manager's decision to deny a private kennel license for Jean Wessling, 5649
Brooklyn Boulevard, passed unanimously.
10. PLANNING COMMISSION ITEM
10a. PLANNING COMMISSION APPLICATION NO. 2000-013 SUBMITTED BY
FRAUENSHUH COMPANIES REQUESTING PRELIMINARY PLAT •
APPROVAL TO COMBINE TWO PARCELS OF LAND AT 6421 AND 6437
BROOKLYN BOULEVARD INTO A SINGLE PARCEL TO
ACCOMMODATE REDEVELOPMENT OF THE BROOKPARK DENTAL
CENTER
Mr. McCauley introduced Planning Commission Application No. 2000 -013 submitted by
Frauenshuh Companies requesting Preliminary Plat approval to combine two parcels of land at 6421
and 6437 Brooklyn Boulevard into a single parcel to accommodate redevelopment of the Brookpark
Dental Center. Planning and Zoning Specialist Ron Warren described the location of the property.
He explained that the property at 6437 Brooklyn Boulevard is the current site of Brookpark Dental
Center, and the property at 6421 Brooklyn Boulevard was acquired by the EDA so that the property
could be conveyed and combined with the Brookpark property to accommodate an expansion of the
Brookpark Dental Center. The Planning Commission recommended approval of Planning
Commission Application No. 2000 -013 at its June 15, 2000, meeting subject to two conditions. Mr.
Warren indicated that representatives of both Frauenshuh Companies and Brookpark Dental Center
were present to answer questions from the Council.
There was a motion b Councilmember Nelson, seconded b Councilmember Lasman to Y ,
Y approve
Planning Commission Application No. 2000 -013 submitted by Frauenshuh Companies subject to
the following two conditions:
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I
1. The final plat is subject to review and approval b the City Engineer.
PP Y tY g
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
The motion passed unanimously.
11. COUNCIL CONSIDERATION ITEMS
lla. RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS
REGARDING CITY VEHICLES
Mr. McCauley explained this resolution would amend the Personnel Rules and Regulations to be
consistent with a number of changes previously made to the Personnel Rules, and it would continue
the criteria for City vehicle use but would eliminate specifying a particular person that would
qualify.
RESOLUTION NO. 2000-118
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS REGARDING CITY
VEHICLES
• The motion for the adoption of the foregoing resolution was duly seconded b Councilmember
p g g Y s_ Y
Nelson. Motion passed unanimously.
llb. REVIEW OF CHAPTER 1 REGARDING ANIMALS
Mr. McCauley discussed that the City Clerk had surveyed a number of cities regarding animal
ordinances. He reviewed animal ordinance language from some of the cities relating to allowing a
variance to keep excess animals and terminology and also more descriptive language on prohibition
of animals. He noted that some cities do not provide a variance; excess animals are prohibited. He
inquired if the Council would entertain further research with regard to descriptive language on
prohibition of animals. Council discussed and was receptive to further study on an animal ordinance
amendment, including regulation of barking dogs. City staff will prepare language which includes
both allowing a variance and phasing out the variance.
llc. CERTIFICATE OF APPRECIATION FOR ROD SNYDER
Mayor Kragness said Rod Snyder would be moving out of Brooklyn Center, and she read a
certificate of appreciation for Mr. Snyder. Mr. Snyder addressed the Council and expressed thanks.
A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to approve certificate
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of appreciation for Rod Snyder passed unanimously.
11d. MILLENNIUM TRAIL DESIGNATION
Public Works Director Diane Spector stated the Shingle Creek Trail has been designated a
Community Millennium Trail by the White House Millennium Council. She explained that the
endeavor is a public /private /non -profit partnership, including the White House Millennium Council,
the U.S. Department of Transportation, the Rails -to- Trails Conservancy, the National Endowment
for the Arts, the National Park Service, the American Hiking Society, and American Express. She
said the certificate has been placed on a plaque and will be displayed in City Hall, and she displayed
a Millennium trail sign which will be placed on the trail. She also noted that an advantage of the
Millennium Trail designation is that there are TEA -21 funds available for trail improvements.
12. ADJOURNMENT
A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to adjourn the City
Council meeting at 8 p.m. passed unanimously.
•
City Clerk Mayor
06/26/ •
00 -10- DRAFT
i
City Council Agenda 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 c�
DATE: July 5, 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
July 10, 2000
AMUSEMENT DEVICE - OPERATOR
Brooklyn Center Community Center 6301 Shingle Creek Pkwy.
Chi -Chi's Restaurant 2101 Freeway Blvd.
Chuck Wagon Grill 1928 57th Ave. N.
Nickels and Dimes, Inc. Brookdale Center
• Yun's Restaurant dba Denny's 6405 James Circle
AMUSEMENT DEVICE - VENDOR
Metro Coin 8055 Ranchers Rd.
GARBAGE HAULERS
Darling International Inc. 9000 382nd Ave. N.
Mengelkoch Co. 119 NE 14th St.
Midwest Grease Buyers P.O. Box 26
Randy's Sanitation P.O. Box 169
Waste Management - Blaine 10050 Naples Street NE
MECHANICAL
Ace Mechanical 4820 Lexington Ave, Ham Lake
Air Quality Services 3910 Leslee Curve, Excelsior
Heating and Cooling Two 18550 County Road 81, Maple Grove
RENTAL
Renewal
5401 63rd Ave. N. John Schwarz
6744 France Ave. N. Donald Renelt
918 Woodbine Lane Donna Goga
630 1 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 Council Agenda Item No. 6c
. MEMORANDUM
DATE: July 5, 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.
•
i
Member introduced the following resolution and moved its
adoption:
• RESOLUTION NO. '
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL
OF DISEASED TREES
WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has
been issued to the owners of certain properties in the City of Brooklyn Center giving the owners
twenty (20) days to remove diseased trees on the owners' property; and
WHEREAS, the City can expedite the removal of these diseased trees by declaring
them a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared to be a public
nuisance:
TREE
PROPERTY OWNER PROPERTY ADDRESS NUMBER
-------------------------------------------------------------------------------------------------
PAUL & GAIL STONE 7101 MAJOR AVE N 73
LARRY & K MBERLEE SHACKELFORD 7230 NOBLE AVE N 74
TOM BETLEY 6424 PERRY AVE N 75
JAMES HESTER & ESTHER VERSALLES 6301 INDIANA AVE N 76
CITY OF BROOKLYN CENTER HAPPY HOLLOW PARK 77,78
JOHN WRIGHT 1219 73RD AVE N 79
ROBERT LEHSE JR 5431 CAMDEN AVE N 80
CITY OF BROOKLYN CENTER 6645 HUMBOLDT AVE N 81, 82, 83
MARY ULM 7008 OLIVER AVE N 84
STEPHEN & MARTHA REICHEL 3618 53RD AVE N 85
YUA YIA VU & YEE HER 3613 54TH AVE N 86
JOHN SKOLTE BUILDER INC. 6753 HUMBOLDT AVEN 87
2. After twenty (20) days from the date of the notice, the property owner(s) will
receive a second written notice providing five (5) business days in which to
contest the determination of the City Council by requesting, in writing, a
hearing. Said request shall be filed with the City Clerk.
3. After five (5) days, if the property owner fails to request a hearing, the tree(s)
shall be removed by the City. All removal costs, including legal, financing,
and administrative charges, shall be specially assessed against the property.
RESOLUTION NO.
•
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 7a
MEMORANDUM
• TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director
DATE: July 5, 2000
SUBJECT: Recommendation of the Financial Commission Regarding the
Policy and Procedure on Requests for Proposals for Financial
Professional Services
The Policy and Procedure on Requests for Proposals for Financial Professional Services
require the Finance Department to conduct requests for proposals (RFP) on a preset
schedule for the professional services it uses. From time to time, it has been necessary to
amend the schedule which controls the order and timing under which RFPs for various
services are done.
There currently is a need for another amendment to the RFP schedule. I have attached the
memo dated May 1, 2000 which explains the need and copies of the current schedule dated
January 25, 1999 and the proposed "Alternative" schedule.
• The Financial Commission met on June 19, 2000 and reviewed this policy and its attached
schedule. The Financial Commission has a recommendation to amend the schedule for
conducting RFPs for financial professional services. The recommendation is stated in the
following excerpt from the minutes of the June 19, 2000 meeting.
Policv and Proce d ure on Requests for Proposals for Finp ji(.ial. Professional Services.
Charlie Hansen explained that the current schedule for requests for proposals (RFP) for
Finance Department professional services calls for an RFP for insurance agent and risk
management consultant to be completed in the year 2000. The ideal time to do this RFP
would be in the fall so that the existing agent would service the insurance policies for close
to the full year before we potentially select a new agent.
The Finance Department will experience a heavy additional workload this fall due to the
impending conversion to new financial and payroll software. Doing an RFP at the same
time is not advisable and possibly not workable. Michael McCauley explained the
advantage of an alternative schedule which moved the insurance agent /risk management
RFP back to 2003 while preserving the auditor RFP in 2001 and banking RFP in 2002.
• A motion was made by Commissioner Gavin Wilkinson to recommend the alternative
schedule to the City Council. Commissioner Jay Hruska seconded the motion and all
members voted in its favor.
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE POLICY AND PROCEDURE ON
REOTJF�STS FOR PROPOSAL FINANCIAL PROFESSIONAL SERVICES
WHEREAS, the City Council established the Policy and Procedure on Requests for
Proposals for Financial Professional Services on May 28, 1996; and
WHEREAS, other projects and workloads in the Finance Department make it
advisable to delay the RFP scheduled for the year 2000; and
WHEREAS, the Financial Commission is recommending that the schedule for
conducting further requests for proposals be amended so that the Insurance Agent and Risk
Management Consultant RFP will be in 2003.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to amend the Policy and Procedure on Requests for Proposals for Financial
Professional Services by adopting the "Alternative" Schedule of Requests for Proposals.
i
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.
•
MEMORANDUM
• TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director
DATE: May 1, 2000
SUBJECT: Amended Schedule of Requests for Proposals
The schedule of requests for proposals, as amended by Resolution 99 -20, calls for a request
for proposal (RFP) for insurance agent to be conducted in the year 2000. I am
recommending that the schedule be revised to push this RFP out to a future year. Doing this
will ease the Finance Department's work flow in 2000 and allow time to accomplish some
other more important objectives. The insurance agent just took over risk management
consulting duties and it wouldn't be productive to change that relationship again so soon.
The process of contracting for insurance policies for 2000 is currently wrapping up.
Worker's compensation insurance, liquor liability insurance, and the accident plan for
volunteers policies renewed on January 1, 2000. The larger policies for property, liability,
automotive, and open meeting law insurance renewed on April 1, 2000. The insurance agent
• will be paid the flat fee for services for this year as soon as the policies are in place and the
fee includes servicing the policies until they expire.
It would be ideal to time a RFP so that if a new insurance agent is selected, they will be
named just in time to place the worker's compensation insurance, liquor liability insurance,
and the accident plan for volunteers policies as they renew on January 1, 2001. That way,
the old agent doesn't lose motivation to service the policies long before they expire.
Planning the steps involved in a RFP and backing up from the date the City Council appoints
them in late November or early December, reveals that much of the work would be done in
the fall. In view of the fact that my staff and I will be spending 40% of our time at LOGIS
from mid September on for the training and conversion to the JD Edward software, this isn't
workable.
Trying to do the RFP earlier isn't much better. We currently are undergoing the audit, which
includes training new staff members in this function. We also are bidding out dental
insurance, reviewing health insurance options for employees, and starting the 2001 operating
budget. I have plans for vacations this summer which will take me away from the office
more than in previous years.
• Based on these factors, I asking that the Financial Commission consider an amended
schedule and determine if it should be recommended to the City Council.
CITY OF BROOKLYN CENTER
SCHEDULE OF REQUESTS FOR PROPOSALS
As Amended January 25, 1999
NORMAL
INTERVAL
BETWEEN LAST
PROFESSIONAL SERVICE R.F.P.s R.F.P. 1999 2000 2001 2002 2003 2004 2005
Financial Advisor for bond sales 6 years 1998 Fin Advis
Banking Services 6 years 1996 Bank
Insurance Agent 6 years 1990 Ins Agent
Risk Management Consultant 6 years 1997 Risk Mgmt
Custodian for investment securities 6 years 1998 Custodian
Auditor 6 years 1994 Auditor
SCHEDULE.XLS Res 99 -20 6/30/00
• 0
CITY OF BROOKLYN CENTER
SCHEDULE OF REQUESTS FOR PROPOSALS
Alternative
NORMAL
INTERVAL
BETWEEN LAST
PROFESSIONAL SERVICE R.F.P.s R.F.P. 2000 2001 2002 2003 2004 2005 2006
Financial Advisor for bond sales 6 years 1998 Fin Advis
Banking Services 6 years 1996 Bank
Insurance Agent 6 years 1990 Ins Agent
Risk Management Consultant 6 years 1999 Risk
Custodian for investment securities 6 years 1998 Custodian
Auditor 6 years 1994 Auditor
SCHEDULE.XLS alternative 6/30/00
City Council Agenda Item No. 7b
MEMORANDUM
• TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director
DATE: July 5, 2000
SUBJECT: Recommendation of the Financial Commission Regarding the
Mayor and Council Member Total Compensation
The Policy and Procedure on Mayor and Council Member Total Compensation require the
Financial Commission to compare Brooklyn Center's compensation to those of similar
cities and make a recommendation to the City Council by July 1 of election years.
The Financial Commission met on May 4, 2000 and June 19, 2000 to review the total
compensation for the Mayor and Council members. It was found that the current levels
of Mayor and Council Member compensation are near the average and median of
comparable cities.
The Financial Commission has a recommendation for compensation levels for 2001 and
2002 and wishes to inform the City Council of a motion passed regarding the matter. The
recommendation is stated in the following excerpt from the minutes of the June 19, 2000
meeting.
"Mayor and Council l\! hmber Total Compensation, 200 & 2002 Study.
Donn Escher reviewed the discussion from the May 4, 2000 meeting when the
subcommittee of Larry Peterson and Tim Elftmann recommended that the Mayor and
Council Members' compensation be increased 3 % in 2001 and 3 % in 2002 and there -vas
discussion of reimbursement of other expenses incurred in the conduct of city business.
Extensive discussion followed regarding the types of expenses incurred by the City
Council, the proper amount of reimbursement for these expenses, and how to incorporate
it into the City Council total compensation.
A motion was made by Commissioner Gavin Wilkinson to recommend to the City Council
that Mayor and Council Member compensation for the year 2001 should increase by 3 %
over the 2000 level, plus an additional $50 per month to reflect additional costs related to
communications technologies and the time demands of using the technologies. Mayor and
Council total compensation for the year 2002 should increase by 3 % over the total 2001
• level. Presentation in future compensation studies should show that salaries were increased
in 2001 by $50 per month to reflect additional costs related to communications
technologies and the time demands of using the technologies. Commissioner Jerry Blamey
seconded the motion and all members voted in its favor. This recommendation will be
reported to the City Council on July 10, 2000. "
If adopted, this recommendation will result in the Mayor's compensation raising from
$8,721 in 2000, to $9,583 in 2001, and $9,870 in 2002. Council members' compensation
will rise from $6,541 in 2000, to $7,337 in 2001, and $7,557 12002.
State law and the City's Policy and Procedure on Mayor and Council Member Total
Compensation require that the City Council enact any pay increases which will apply to
itself prior to a general election and that the pay increase not take effect until after the
general election. An ordinance amendment to accomplish this increase may be placed on
future agendas for first and second readings.
•
. LEAGUE OF MINNESOTA CITIES
SURVEY OF MAYOR AND COUNCILMEMBER SALARIES
2000 COMPENSATION COMPARISON
2000 COUNCIL
MUNICIPALITY POPULATION MAYOR MEMBER
Golden Valley 20,870 $10,245 $7,668
New Hope 21,698 $10,059 $7,119
Maplewood 34,008 $10,023 $8,821
Roseville 34,014 $9,000 $6,840
Fridley 28,267 $8,820 $6,405
Brooklyn Center 28,484 $8,721 $6,541
Crystal 23,667 $8,277 $6,367
Richfield 35,120 $7,995 $6,206
Shoreview 26,118 $7,740 $5,736
White Bear Lake 26,017 $7,680 $5,400
Average 27,826 $8,856 $6,710
Median 27,193 $8,771 $6,473
• Brooklyn Center 28,484 $8,721 $6,541
Brooklyn Center as a per cent of:
Average 98.48% 97.48%
Median 99.44% 101.05%
•
fincomm\policies\council\cncicomp 2000 7/5/0011:26 AM
City Council Agenda Item No. 8a
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning nd Zoning S eci is�
• w
g g P
Subject: City Council Consideration Item - Planning Commission Application No. 2000-
014
Date: July 5, 2000
On the July 10, 2000 City Council Agenda is Planning Commission Application No. 2000 -014
submitted by Allen J. Franz of Franz Engineering Reproductions, Inc. requesting a Planned
Unit Development (PUD) Amendment to construct a 20,670 sq. ft. service /office commercial
complex on a 2.28 acre parcel of land at 2781 Freeway Boulevard. .
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 2000 -014 and also an area map showing the location of
the property under consideration, various site and building plans for the proposed
development, the Planning Commission minutes relating to the Commission's consideration of
this matter and other supporting documents.
This matter was considered by the Planning Commission at their June 29, 2000 meeting and
was recommended for approval by the Commission through adoption of Planning Commission
Resolution No. 2000 -03.
It is recommended that the City Council, following consideration of this matter, approve the
attached resolution relating to this application.
•
Application Filed on 6 -01 -00
•
City Council Action Should Be
Taken By 7 -31 -00 (60 Days)
Planning Commission Information Sheet
Application No. 2000 -014
Applicant: Allen J. Franz
Location: 2781 Freeway Boulevard
Request: Planned Unit Development Amendment
The applicant, Allen J. Franz, owner of Franz Engineering Reproductions, Inc., is seeking a
Planned Unit Development Amendment to construct a 20,670 sq. ft. service /office commercial
complex on a 2.28 acre parcel of land that is legally described as Lot I. Block 1, Shingle Creek
5th Addition and is more commonly identified as 2781 Freeway Boulevard. The property is
zoned PUD/I -1 and is bounded by Xerxes Avenue on the west; Freeway Boulevard on the north;
the Extended Stay America to the east; and the site of the Motel 6 which is under construction to
the south.
A Planned Unit Development Rezoning from I -1 (Industrial Park) to PUD/I -1 of this property as
well as two other adjacent properties contained in the Shingle Creek 5th Addition along with the
• first phase site and building plan approval for the Extended Stay America was approved by the
City Council under Resolution No. 98 -47 on March 23, 1998. Attached for the Commission's
review is a copy of that resolution containing the various findings, considerations and conditions
of approval for that proposal (Planning Commission Application No. 98005).
It was noted at the time of this approval that other developments for lots 1 and 2 would be
subject to review and approval under the Planned Unit Development process, as an amendment,
when such proposals came forward. Motel 6 Operating LP acquired lot 2 and pursued a Planned
Unit Development Amendment for the development of a three story, 122 unit motel under
Planning Commission No. 99009. The Planned Unit Development Amendment was approved by
the City Council under Resolution No. 99 -159 on October 25, 1999. Attached for the
Commission's review is a copy of that resolution containing the various findings, considerations
and conditions of approval for the Motel 6 proposal.
Franz Engineering Reproductions, Inc. was located at 52nd and Humboldt Avenues North until
recently acquired as part of the Hennepin County green way project. They have relocated to the
industrial building at 2700 Freeway Boulevard which is on the opposite side of Freeway
Boulevard from the site in question. They have recently acquired the property and are proposing
to construct the 20,670 sq. ft. service /office building mentioned above to house their business as
well as providing three additional tenants spaces for other service /office development.
• 06 -29 -00
Page 1
As the Commission is aware, the PUD process involves a rezoning of land to the PUD
designation followed by an.alpha numeric designation of the underlying zoning district. This
underlying zoning district provides the regulations governing uses and structures within the
Planned Unit Development. The rules and regulations governing that district (in this case I -1)
would apply to the development proposal unless the City were to determine that another standard
or use would be appropriate given mitigating circumstances that are offset by the plans submitted
by the developer. One of the purposes of the PUD district is to give the City Council the needed
flexibility in addressing development and redevelopment problems.
Regulations governing uses and structures may be modified by conditions ultimately imposed by
the City Council on the development plans. The PUD process involves a rezoning of land and,
therefore, is subject to meeting the City's Rezoning Evaluation Policy and Review Guidelines
that are contained in Section 35 -208 of the City's zoning ordinance. Also, proposals must be
consistent with Section 35 -355 of the City's zoning ordinance which addresses Planned Unit
Developments. Attached for the Commission's review are copies of Section 35 -208 and 35 -355
of the City's zoning ordinance for review.
The rezoning of the property to the Planned Unit Development designation was accomplished
with the March 23, 1998, approval and it was anticipated at that time that other freeway oriented
businesses such as hotels and restaurants would in all likelihood seek approval for development
of the remaining parcels. Other commercial developments as represented in the current
• application can be considered as well. Findings as to the appropriateness of these developments
have been made generally for the remaining parcel. Approval of any development plan should
acknowledge compatibility with the policy and review guidelines of Section 35 -208 and the
provisions of Section 35 -355 of the zoning ordinance.
The applicant has submitted a brief description of the Franz Engineering Reproductions, Inc.
activities. It notes that their customers are primarily architects, engineers, designers and
surveyors and they provide large format and high speed copying, plotting, large format color
plotting, sales of plotters and large format copiers and supplies. They are considered a
service /office type of business with only incidental retail sales. They indicate that the proposed
tenants for the balance of the space in the building would probably be occupied by such uses as
an architectural firm, a personal computer networking and repair operation and an operation
dealing with high end office printers /copiers. All of these uses are again considered to be
service /office type uses.
It is believed that the proposed use of the property will be consistent and compatible with the
immediate uses surrounding the property as well as those in the general vicinity. While
reviewing the previous proposals for this Planned Unit Development, concern was expressed
over perhaps having too many hotel/motel complexes in this general area. The proposal at hand
provides an appropriate departure from some of the questioned uses and appears to be a good
• 06 -29 -00
Page 2
• transitional use between uses to the east and the townhouse use on the opposite side of Xerxes
Avenue.
The Commission's attention is directed to the rezoning evaluation guidelines contained in
Section 35 -208. The staff generally believes that the proposal will be consistent and compatible
with surrounding land uses in the area. We also believe that the site and building plan being
submitted for the subject property will bear fully the ordinance development restrictions for the
proposed development or be offset by factors related to the plan. It also appears that the use of
the property as provided for will be a good long range use of the land and can be considered to be
in the best interests of the community.
SITE AND BUILDING PLAN PROPOSAL
The proposed plan calls for a one story, 20,670 sq. ft. service /office commercial complex located
in the approximate middle of the 2.28 acre parcel. The building will be an L shaped building
with the main entrance facing northeast.
ACCESS/PARKING
Access to the site will be gained via a shared access with the Motel 6 operation on Freeway
Boulevard. This access lines up directly across from an access serving the office industrial
• complex on the opposite side of Freeway Boulevard. No other accesses to Freeway Boulevard
or Xerxes Avenue are being proposed or will be allowed for this site. A drive lane is being
constructed between the entrance on Freeway Boulevard and the access to the Motel 6 site.
Access to the building area for the Franz Engineering operation will be off of this interior access
drive. As mentioned previously, the building is located in the center of the site with parking and
circulation around the perimeter of the building. The plan provides 115 parking stalls and the
applicant has calculated the parking requirement based on the retail parking formula of 5.5
parking spaces per 1,000 sq. ft. of gross floor area. We have advised the applicant that the uses
anticipated to be located in this commercial center are of a service /office nature and that the
appropriate parking requirement would be one parking space for every 200 sq. ft. of gross floor
area requiring only 103 parking spaces to meet the parking requirements contained in the
ordinance. The parking plan provides parking stalls meeting the standards contained in the
zoning ordinance and provides four ADA accessible parking spaces, one of which is a van
accessible space. All driving lanes servicing the parking areas meet the minimum requirements
and standards set forth. B -612 curb and gutter is required, and is provided, around all parking
and driving areas. One modification to the parking plan would be to provide concrete parking
protectors around the 11 parking spaces located immediately adjacent to the building on the east
side of the site.
The applicant is requesting a departure from the street line buffering standards where I -1
property is across from R -3 zoned property. Such a situation requires a 50 ft. buffer setback area
. 06 -29 -00
Page 3
. which cannot be used for drive lanes and parking. The applicant's plan calls for a building
setback of approximately 68 ft. measured from the street right of way line on Xerxes Avenue.
They propose a 15 ft. parking setback in this area which is in line with what is typically required
for drive lane and parking setbacks in commercial zoning areas as represented by the uses
proposed. To offset this requirement, the applicant's plan is to provide heavy landscaping,
utilizing a dense, staggered planting scheme of coniferous trees to screen the area. Details of this
are outlined in the review of the landscape plan. It should be noted that the parking lot for the
Motel 6 to the south is also at a 15 ft. setback measured from the property line along Xerxes
Avenue. Justification for this is the grade of Xerxes Avenue and the excessive right of way that
takes in the slope between the Xerxes Avenue road bed and the Motel 6 property line.
Staff have suggested that the applicant could possible forego constructing either all, or a portion,
of the parking along Xerxes Avenue providing instead 20 additional feet of green space in a
"Proof of parking" area. Additional parking, if needed, could be provided on the east end of the
site where four parallel parking spaces are shown. This area could accommodate 90 ° parking
instead. Also, there is a surplus of 12 parking spaces due to the difference in calculating the
parking requirement. Further review of this by the Planning Commission would be in order.
The staff, however, believes the applicant's plan and the nature of the use is a sufficient enough
factor to waive the 50 ft. buffer normally required where an industrial use is across the street
from an R -3 (Townhouse) use.
• GRADING/DRAINAGE/UTILITIES
The drainage and utility plan proposes draining the parking lot into six catch basins located at
various points around the perimeter of the parking lot and a seventh catch basin located in front
of a depressed loading dock along the west side of the building. Storm water will be collected in
these catch basins and carried to existing storm sewer which will convey it to a storm water
retention pond at the east end of the Extended Stay America site. This pond was sized to
accommodate storm water run off for all of the property located in the Shingle Creek 5th
Addition, including the Extended Stay, Motel 6 and the proposed development at hand. It is not
anticipated that further review or approval will be required by the Shingle Creek Watershed
Management Commission as this was accomplished at the time of the original proposal for this
area. Maintenance and utility agreements will need to be provided for this property and the
applicant will, in all likelihood, be required to obtain and NPDES (National Pollution Discharge
Elimination System) permit from the Minnesota Pollution Control Agency and will also be
required to provide adequate erosion control during construction of the project.
Sanitary sewer and water will be connected to the building at the southeast corner. Fire hydrants
are shown on an island area in the northeast parking lot and adjacent to the building at the
northwest corner.
i 06 -29 -00
Page 4
• The City Engineer has reviewed the plans and his comments are attached for the Commission's
review.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system utilized
by the Planning Commission to evaluate such plans. This 2.28 acre site requires a total of 222.4
landscape points. The applicant proposes to meet this requirement, and in fact exceeds it, by
providing a variety of plantings including nine shade trees (Marshall's Green Ashe), 26
coniferous trees (Black Hill's Spruce), ten decorative trees (Spring Snow Crabapple and Amur
Maple), and 71 shrubs (Gold Mound Spires and Little Princess Spirea). The plan calls for the
Marshall's Green Ashe to be located in the green strips along Freeway Boulevard and on Xerxes
Avenue. Seven Amur Maple will be located along the south side of the site adjacent to the Motel
6 property. The Spring Snow Crab are located to the north of the building, two in an island
planting area and one adjacent to the building on the north side. Gold Mound Spirea are located
as foundation plantings on the south side and east side of the building and in groupings at the
northwest corner and west side in green strip areas. Little Princess Spires are located as a
foundation planting by the main entrance to the Franz Engineering space.
Twenty -six Black Hills Spruce are proposed to be planted in a staggered fashion in the west
green strip to provide screening of the parking lot from the R -3 (Townhouse) property on the
opposite side of Xerxes Avenue. These trees are proposed to be 5 ft. in height at planting time
. and are offered as screening to offset the industrial buffer requirement where an industrial
building is across the street from a townhouse. It appears that this treatment should provide
adequate screening of the parking lot. We have also suggested the possibility of foregoing some,
or all, of the parking spaces in this area to provide some additional landscape or buffer.
BUILDING
The building elevations show a one story commercial building with a fiber glass shingled peaked
roof. The exterior will be EFIS, white in color with red accent columns. A 13 ft. high by 50 ft.
long masonry screening wall with an EFIS exterior is provided on the west side of the building to
screen a loading facility serving the Franz Engineering space.
LIGHTING/TRASH
The applicant has submitted a lighting plan showing one 24 ft. high light pole to be located in an
island area to the northeast side of the building. The balance of lighting will be 20 wall mounted
lights at approximately 14 ft. high, five along the west wall, five along the south wall, six along
the east walls and four along the north wall. Foot candles on the lighting plan do not exceed the
lighting standards outlined in the zoning ordinance. Our main concern is that all lighting be
shielded and directed down onto the site so as to not create glare effecting street rights of way
and abutting property.
• 06 -29 -00
Page 5
• The plan indicates that a trash enclosure will be located along the south property line at the
southwest corner of the site. The facility will be made up of 8 in. concrete rock face block with
the height of the facility being a little over 6 ft. The details on the trash enclosure show vinyl
filler strips over a chain link gate. The applicant has been advised that the use of vinyl filler strips
does not meet the screening criteria used for trash enclosures. The gate should have an
acceptable wood or metal material attached to it to provide the adequate screening.
PROCEDURE
As pointed out previously in this report, this proposal is an amendment to the Planned Unit
Development proposal already approved for this site. The first phase of the PUD was the
Extended Stay America site and the second phase, which was treated as an amendment to the
PUD, was the Motel 6 proposal. As a Planned Unit Development, the proposal is required to
follow the procedures contained in Section 35 -355 regarding Planned Unit Developments. This
requires a public hearing, which has been scheduled. Notices of the Planning Commission's
consideration have been sent and notice has also been published in the Brooklyn Center
Sun/Post. The Planning Commission serves as the Neighborhood Advisory Group for
development proposals within the industrial park area. This matter, therefore, can be reviewed
and recommended at Thursday evening's meeting if the Planning Commission deems it
appropriate.
• All in all, we believe this plan is in order and, therefore, would recommend approval of the
amendment for the development of the Franz Engineering project. Approval of this application
should acknowledge findings, considerations and conditions that are comparable to those made
in previous City Council Resolutions. A draft Planning Commission Resolution is offered for
the Planning Commission's consideration. This resolution outlines the Planning Commission
consideration of this matter and also recommended considerations and conditions for approval.
• 06 -29 -00
Page 6
VIII,
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Member Kathleen Carmody introduced the following resolution and moved.
its adoption:
RESOLUTION NO. 98 -47
)RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 98005 SUBMI i t rw BY EXTENDED STAY AMERICA,
INC.
WHEREAS, Planning Commission Application No. 98005 submitted by Extended Stay
America, Inc. proposes rezoning from I -1 (Industrial Park) to PUDII -1 of a 7.28 acre parcel of
land located at the southeast quadrant of Xerxes Avenue North and Freeway Boulevard, bounded
by Freeway Boulevard on the north and east; by I -94 on the south; and Xerxes Avenue North on
the west; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and
site and building plan approval for a three story, 104 unit efficiency hotel on the easterly portion
of the aforementioned site; and
WHEREAS, the Planning Commission held a duly called public hearing on March 12,
1998, when a staff report and public testimony regarding the rezoning and site and building plan
i
were received; and
I WHEREAS, the Planning Commission recommended approval of Application No. 98005
by adopting Planning Commission Resolution No. 98 -01 on March 12, 1998; and
WHEREAS, the City Council considered Application No. 98005 at their March 12, 1998
meeting; and
WHEREAS, the City Council has considered this rezoning and site and building plan
requests in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35 -208 of the City's zoning ordinance, the provisions of the Planned Unit Development
ordinance contained in Section 35 -355, 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. 98005 submitted by Extended Stay America, Inc. be approved in light
of the following considerations:
I. The rezoning and Planned Unit Development proposal are compatible with the
standards, purposes and intent of the Planned Unit Development section of the City's
zoning ordinance.
2. The rezoning and Planned Unit Development proposal will allow for the utilization of
•
Resolution No.
the land in question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on surrounding
land.
3.
The utilisation of the property as proposed under this rezoning and site and building
plan will conform with city ordinance standards and is considered a reasonable use of
the property.
4. The rezoning and Planned Unit Development proposal are considered compatible with
the recommendations of the City's Comprehensive Plan for this area of the city.
5. The. rezoning and site and building plan appear to be a good long range use of the
existing land and an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35 -208 of the City's zoning ordinance are met and
that the proposal is, therefore, in the best interest of the community.
. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that
approval of Application No. 98005 be subject to the following conditions and considerations:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans as well as appropriate utility easements for
adjoining properties are subject to review and approval by the City Engineer prior
to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment
shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the city ordinances.
• 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
Resolution _
tion No. 98 47
ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to the 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 plans shall be modified to provide either a reduced size access where a shared
access is to be provided. between this property and the adjoining property to the west
or the installation of a concrete delineator as approved by the City Engineer.
12. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center standard specifications and details.
I
13. Ponding areas required as part of the storm drainage plan shall be protected by an
approved easement. The easement document shall be executed and filed with
Hennepin County prior to the issuance of building permits.
! 14. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City's Engineering Department.
15. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
permits.
16. Approval of this Planned Unit Development acknowledges "efficiency or extended
stay hotels" offering transient lodging accommodations for periods of longer than
one week as being comparable in intensity and use as transient lodging defined in the
Brooklyn Center zoning ordinance and, therefore, an allowed use in this Planned
Unit Development.
ftr.h 7'1 1 QQR
Date Mayor (J
ATTEST: AVMY*W�
City Clerk
Resolution No. 98 -47
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman and upon vote being taken thereon, the following voted in favor
thereof: Myrna Kragness, Kathleen Carmody, Kay Lasman, and Robert Peppe;
and the following voted against the same: Debra Hilstrom
whereupon said resolution was declared duly passed and adopted.
i
I
Member E3 Nelson introduced the following resolution and moved
� its adoption:
4 RESOLUTION NO. 99 -159
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 99009 SUBMLY it u ON BEHALF OF MOTEL 6
OPERATING LP
WHEREAS, Resolution No. 98-47 approved a rezoning from 1-1 (IndustrW Park)
to PUD/I 1 of a 7.28 acre parcel of land located at the'southeast quadrant of Xerxes Avenue North
and Freeway Boulevard; and
WHEREAS, that PUD proposal also included site and building plan approval for
the first phase development on a portion of the properly for a - 104 -unit Extended Stay America
Motel; and
WHEREAS, future development on the remains two lots was deferred pending
submission of a Planned Unit Development amendment; and
WHO, Planning Commission Application No. 99009 submitted by
Progressive Consulting Engineers, Inc, on behalf of Motel 6 Operating LP has been submitted for
} the development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th Addition
�.� which is a part of the above mentioned Planned Unit Development; and
Wes, the Planning Commission held a duly called public hearing on October
14, 1999, when a staff report and public testimony regarding the Planned Unit Development
amendment were received; and
WHEREAS, the Planning Commission recommended approval of Planning
Commission Application No. 99009 by adopting Planning Commission Resolution No. 99 -03 on
October 14, 1999; and
WHEREAS, the City Council considered Planning Commission Application No.
99009 at their October 25, 1999, meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
amendment request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35-208 of the City's Zoning Ordinance, the provisions ' of the Planned Unit
Development ordinance contained in Section 35 -355, the City's Comprehensive Plan and the
Planning Commission's recommendation.
RESOLUTION NO. 99-159
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Planning Commission Application No. 99009 submitted by Progressive
Consulting Engineer's, Inc. on behalf of Motel 6 Operating LP be approved in light of the
following considerations:
1. The Planned Unit Development Amendment is compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land
in question in a manner which is compatible with, complimentary to and of
comparable intensity to adjacent land uses as well as those permitted on
surrounding land.
3. The utilization of the property as proposed under this Planned Unit Development
amendment is considered a reasonable use of the property and will conform with
city ordinance standards except for allowing an off premise directional sign which
is justified on the basis of extensive precedent for such a sign.
.� 4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development amendment appears to be a good long range use of
the existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35-208 of the City's Zoning Ordinance are met
and that the proposal is, therefore, in the best interests of the community
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center
that approval of Planning Commission Application No. 99009 be subject to the following
conditions and considerations:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans as well as appropriate utility easements for
i adjoining properties are subject to review and approval by the City Engineer prior
to the issuance of permits.
LO
RESOLUTION NO. 99-159
3. A site performance agreement and supporting financial guarantee in an amount to
be determined based on cost estimates shall be submitted prior to the issuance of
permits.
4. Any outside trash disposal facilities and rooftop or on ground mechanical
equipment shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances with the exception of an off premises directional sign no larger than 16
square feet in area and 15 feet in height which can be located at the shared access
on Freeway Boulevard. Said directional sign is justified on the basis of extensive
precedent for such sip -sips in similar circumstances.
8. B-612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems as determined by the City
Engineer prior to the issuance of permits.
11. Plans shall be modified to relocate the driveway serving this property so that it is
directly across from the driveway on the opposite. side of Freeway Boulevard as
required by the City Engineer. The cross access easement providing access from
Freeway Boulevard to Lot 2 shall be modified to reflect the driveway indicated on
the site plan.
12. All work performed and materials used for comftmction of utilities shall conform
to the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall also provide adequate erosion control as approved by the City's
Engineering Department.
`d
M
'RESOLUTION NO. 9 9 - 159
14. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building* permits. Said development agreement shall be filed with the title to the
Property
15. The plans shall be modified to provide 132 parking spaces which reflects the
ordinance parking requirement for a 122 unit motel with 10 employees'on any one
shift.
October 25, 1999
Date Mayor
t ' ` ATTEST:
�.t
r
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Tasman
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Debra Hilstrom, Kay Tasman, Fri Nelson, and Robert Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
a
7
City of Brooklyn Center
• Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES.
1. 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 proposed zoning consistent with and compatible with surrounding land use classifications?
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
c. Accessory uses incidental to the foregoing principal uses when located on the same
property with the use to which it is accessory but not including any business or
industrial uses. Such accessory uses to include but not be restricted to the following:
1. Off -street parking.
2. Public recreational buildings and parks, playgrounds and athletic fields.
3. Signs as permitted in the Brooklyn Center Sign Ordinance.
Section 35 -355. PLANNED UNIT DEVELOPMENT.
Subdivision 1. Purpose.
The purpose of the Planned Unit Development (PUD) district is to promote flexibility in land
development and redevelopment, preserve aesthetically significant and environmentally sensitive site
features, conserve energy and ensure a high quality of design.
Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable Regulations.
• a. Upon rezoning for a PUD, the district shall be designated by the letters "PUD" followed by
the alphanumeric designation of the underlying zoning district which may be either the prior
zoning classification or a new classification. In cases of mixed use PUDs, the City Council
shall, whenever reasonably practicable, specify underlying zoning classifications for the
various parts of the PUD. When it is not reasonably practicable to so specify underlying
zoning classifications, the Council may rezone the district, or any part thereof, to "PUD-
MIXED."
b. Regulations governing uses and structures in PUDs shall be the same as those governing the
underlying zoning district subject to the following:
1. Regulations may be modified expressly by conditions imposed by the Council at the
time of rezoning to PUD.
2. Regulations are modified by implication only to the extent necessary to comply with
the development plan of the PUD.
3. In the case of districts rezoned to PUD- MIXED, the Council shall specify regulations
applicable to uses and structures in various parts of the district.
35-45
' c. For purposes of determining applicable regulations for uses or structures on land adjacent
to or in the vicinity of the PUD district which depend on the zoning of the PUD district, the
underlying zoning classification of PUD districts shall be deemed to be the zoning
classification of the district. In the case of a district zoned PUD - MIXED, the underlying
zoning classification shall be deemed to be the classification which allows as a permitted use
any use which is permitted in the PUD district and which results in the most restrictive
regulation of adjacent or nearby properties.
Subdivision 3. Development Standards.
a. A PUD shall have a minimum area of one acre, excluding land included within the floodway
or flood fringe overlay districts and excluding existing rights -of -way, unless the City finds
that at least one of the following conditions exists:
1. There are unusual physical features of the property or of the surrounding neighborhood
such that development as a PUD will conserve a physical or terrain feature of
importance to the neighborhood or community;
2. The property is directly adjacent to or across a public right -of -way from property which
previously was developed as a PUD and the new PUD will be perceived as and function
as an extension of that previously approved development; or
3. The prope ty is located in a transitional area between different land uses and the
development will be used as a buffer between the uses.
b. Within a PUD, overall density for residential developments shall be consistent with Section
35400 of this ordinance. Individual buildings or lots within a PUD may exceed these
standards, provided that density for the entire PUD does not exceed the permitted standards.
c. Setbacks, buffers and greenstrips within a PUD shall be consistent with Section 35 -400 to
35 -414 and Section 35 -700 of this ordinance unless the developer can demonstrate to the
City's satisfaction that a lesser standard should be permitted with the addition of a screening
treatment or other mitigative measures.
d. Parking provided for uses within a PUD shall be consistent with the parking requirements
contained in Section 35 -704 of this ordinance unless the developer can demonstrate to the
City's ty satisfaction that a lesser standard should be permitted on the grounds of the
complementarity of peak parking demands by the uses within the PUD. The City may
require execution of a restrictive covenant limiting future use of the property to those uses
which will continue this parking complementarity, or which are otherwise approved by the
City.
35-46
`. Subdivision 4. General Standards.
a. The City may allow more than one principal building to be constructed on each platted lot
within a PUD.
b.
A PUD which involves only one land use or a single housing a may be permitted
g g tYP Y P
provided that it is otherwise consistent with the purposes and objectives of this section.
c. A PUD may only contain uses consistent with the City's Comprehensive Plan.
d. All property to be included within a PUD shall be under unified ownership or control or
subject to such legal restrictions or covenants as may be necessary to ensure compliance with
the approved development plan and site plan.
e. The uniqueness of each PUD requires that specifications and standards for streets, utilities,
public facilities and the approval of land subdivision may be subject to modifications from
the City Ordinances generally governing them. The City Council may, therefore, approve
streets, utilities, public facilities and land subdivisions which are not in compliance with
usual specifications or ordinance requirements where it is found that such are not required
in the interests of the residents or of the City.
. Subdivision 5. Application and Review.
a. Implementation of a PUD shall be controlled by the development plan. The development
plan may be approved or disapproved by the City Council after evaluation by the Planning
Commission. Submission of the development plan shall be made to the Director of Planning
and Inspection on such forms and accompanied by such information and documentation as
the City may deem necessary or convenient, but shall include at a minimum the following:
1. Street and utility locations and sizes;
2. A drainage plan, including location and size of pipes and water storage areas;
3. A grading plan;
4. A landscape plan;
5. A lighting plan;
6. A plan for timing and phasing of the development;
7. Covenants or other restrictions proposed for the regulation of the development;
35 -47
8. A site plan showing the location of all structures and parking areas;
9. Building renderings or elevation drawings of all sides of all buildings to be constructed
in at least the first phase of development; and
10. Proposed underlying zoning classification or classifications.
Such information may be in a preliminary form, but shall be sufficiently complete and accurate
to allow an evaluation of the development by the City.
b. The Planning Commission shall hold a public hearing on the development plan. Notice of
such public hearing shall be published in the official newspaper and actual notice shall be
mailed to the applicant and adjacent property owners as required by Section 3 5-2 10 of this
ordinance. The Planning Commission shall review the development plan and make such
recommendations as it deems appropriate regarding the plan within the time limits
established by Section 35 -210 of this ordinance.
c. Following receipt of the recommendations of the Planning Commission, the City Council
shall hold such hearing as it deems appropriate regarding the matter. The City Council shall
act upon the development plan within the time limits established by Section 35 -210 of this
ordinance. Approval of the development plan shall constitute rezoning of the property to
• PUD and conceptual approval of the elements of the plan. In addition to the guidelines
provided in Section 35 -208 of this ordinance, the City Council shall base its actions on the
rezoning upon the following criteria:
1. Compatibility of the plan with the standards, purposes and intent of this section;
2. Consistency of the plan with the goals and policies of the Comprehensive Plan;
3. The impact of the plan on the neighborhood in which it is to be located; and
4. The adequacy of internal site organization, uses, densities, circulation, parking facilities,
public facilities, recreational areas, open spaces, and buffering and landscaping.
The City Council may attach such conditions to its approval as it may determine to be necessary
to better accomplish the purposes of the PUD district.
d. Prior to construction on any site zoned PUD, the developer shall seek plan approval pursuant
to Section 35 -230 of this ordinance. In addition to the information specifically required by
Section 35 -230, the developer shall submit such information as may be deemed necessary
or convenient by the City to review the consistency of the proposed development with the
approved development plan.
35-48
The plan submitted for approval pursuant to Section 35 -230 shall be in substantial
compliance with the approved development plan. Substantial compliance shall mean that
buildings, parking areas and roads are in essentially the same location as previously
approved; the number of dwelling units, if any, has not increased or decreased by more than
5 percent; the floor area of nonresidential areas has not been increased or decreased by more
than 5 percent; no building has been increased in the number of floors; open space has not
been decreased or altered from its original design or use, and lot coverage of any individual
building has not been increased or decreased by more than 10 percent.
e. Prior to construction on any site zoned PUD, the developer shall execute a development
agreement in a form satisfactory to the City.
f. Applicants may combine development plan approval with the plan approval required by
Section 35 -230 by submitting all information required for both simultaneously.
g. After approval of the development plan and the plan approval required by Section 35 -230,
nothing shall be constructed on the site and no building permits shall be issued except in
conformity with the approved plans.
h. If within 12 months following approval by the City Council of the development plan, no
building permits have been obtained or, if within 12 months after the issuance of building
permits no construction has commenced on the area approved for the PUD district, the City
Council may initiate rezoning of the property.
i. Any major amendment to the development plan may be approved by the City Council
following the same notice and hearing procedures specified in this section. An amendment
shall be considered major if it involves any change greater than that permitted by subdivision
5d of this section. Changes which are determined by the City Council to be minor may be
made if approved by the Planning Commission after such notice and hearing as may be
deemed appropriate by the Planning Commission.
•
35 -49
Franz Repro, Inc.
2700 Freeway Blvd. • Suite 900
Brooklyn Center, MN 55430
PRO To ll, Phone: (763)503 -3401
Free: (800)288 -8541
Fax: (763)503 -3409
FRANZ ENGINEERING REPRODUCTIONS, INC.
OWNER: Allen J. Franz
ESTABLISHED: September 1965
CUSTOMERS: Architects, Engineers, Designers, and Surveyors
BUSINESS: Large format and high speed copying plotting, large
Format color plotting, sales of plotters and large format
copiers and supplies. (I.e.: paper, toner, ink jet cartridges)
RENTERS /PARTNERS
1) Architectural firm
2) PC Doctors — PC networking and repair
3) Riverbend — Networking and Cannon Dealer — high -end office
printers / copiers.
•
Large Format Color Direct Digital High Speed Duplicating CAD Supplies
MEMORANDUM
DATE: June 23, 2000
TO: Ron Warren, Planning and Zoning Specialist
FROM: Todd Howard, City Engineer
SUBJECT: Franz Engineering Reproduction
The Public Works Department has reviewed the civil drawings dated 6 -6 -00. Comments are as
follows:
The property owner is required to enter into an agreement for maintenance and inspection of
storm drainage facilities, prior to the issuance of permits.
Detailed comments on the plan are as follows:
• Sheet C -2. The watermain should be looped and the hydrant relocated near catch basin 3.
• Sheet 7 will likely become a future
t C 2. The owner should be made aware that CB y
maintenance problem due to freezing. The storm sewer can be designed to lower the
invert approximately 1.5 feet. CB 3 can also be lowered.
• Sheet C -2. A note should be added that "The City shall be notified 48 -hours in advance
of all testing including bacteriologic testing and Hydrostatic Testing. Point of contact is
Mark Hartfiel, Supervisor of Public Utilities, at 612 -585- 7103."
• Sheet C -2. Sheet Mega -Lugs are to be used at all water main connections.
• Sheet C -4. "Hydrants shall be Waterous Pacer model WB -67 -250 with continuous
polywrap sleeve.
• Sheet C -4. All hydrant valves shall be located in bituminous or concrete pavement.
• Sheet C -5. Casting shall be Neenah R- 3250A.
• Sheet C -5. Steps shall be polymer polypropolene.
•
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STATE IAW; 46 HOURS BEFORE E%CAVATWG OR OEMOUSHWL � �w�
F. F.E / =' ; BwLDW45, CALL (a5t) 454-00021OR FIELD LCCATUN OF £
f { i 851.5 / I� UNOERGRWND UTIUir LINES
Out — P (1Nia :<..ICe I,:mPa merty P »».a 1MPa 4
-1 l i ' ', nvnla R-1)
ov >Ar
I REFER TO RECOMMENOARONS IN THE CEOICCHNICAL —11 POR ANY
_ VIII Y 1� I AODIMONAL 4TE PREPMATON INFORMATION OR REQUIREMENTS
/y 1 SO ( XW DIUP ACLESSBLE PARK NO SPACE AMC ACCESS SLOPE NOT TO
EXCEED 2 IN ALL OR —S.
PROVOE SET �sGpwj��
__ liv 1 TOC CONSTRUCT 4' DOMESTIC WATER ') J.Ct �." ' I I 1 r I FENCE PRIOR TO CONSTRUCTION (BEE SHEET
DETAIL
__.__ �i• 1, m . ea]z] SERVICE To wMm M' of auaomc j . ,l ®W.S__ •er
I VERIFY WITH MECH v. 8433'- A-_ %r i lI PROMDE FlLTER FIBRIL CDVEii OVER SEWER OtA1E5 ONIEOATELY�
-- -- 1 T �' I L. AFTER INSTALLATION OF STRUCTURE.
•,, j /
ALL
CONTR TRK
CTOR SHALL DESIGN ONE ENTPONCE AS CONSTRUCMm
lOC BSO ]8 � �' - ' - L - • qq ) Ex CE AND PEST ALL NI ON A R L I C 1
En1RONCE CONTRAf,TOR 5H,a1L PRONOE OE I GRAVEL ON X15
SVUCTOi w J
LONSIRUCT 0' DON F SANITARY CE
C ` LB 5 ENTRANCE (SEE S PAVE
Er C -51 PAVEMENT —S _
SERVICE TO WI
Y W 1HW S' OF BIIXDING 10C 8 COVM CTOt IS REVSPONSBLE FOR _NEEPIN EEPIN4 ROAD FREE OF SOIL
M MECH. WV. NSULATE
{ SI NV. B 3 '/ DEPMRT BY CONSTRUCTION TRAFFIC ON A DRILY BASS
IENIf 84]56 I M AIN S CROia SEWER ALL STORM SEWER CATCH BASINS L BE CONSTRUCTIOO mM A
xc /
SUMP (BEE DETAIL SHEET C -s).
CONSTRUCT SANITARY MANHOLE ON EXISTING LINE. 7 i
SAN MHz `'// Q STORM SEWER CATCH BASIN PROVIDED BY MOTEL 6 zg
4
/ W ZO
TOC B.O.83 i �
I 0 INV. 811.33 [- , 'T' }• ! VL 4 /. ! [n 2 t/, o
} CONTRACTOR TO CONSTRUCT MANHOL ON EXISTING STUB NECES SARY - F �z
I
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� REMOVE SECTION OF PIPE IF NECES.ARY TO MAINTAIN 8 W .I
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w�
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CLEARANCE FROM WA E M IN.
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II• i 5 41 Jy F � �{ CONTRACTOR TO TIE INTO IN EXISTIN. ^. WATERMAIN a � Ie
F I nroRavr If LEGEND
VA-w �\ ` V
� 1w. Ze\ % " " CONSTRUCTION LIMITS
v /
ea6,5s v a / y � !� PROPERTY LINE
I• \ PROPOSED SANITARY SEWER
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T.-S N EXISTING STORM SEWER x.»
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C4- ct v v -v- qm - -- d ' / Revisions:
sascap. I Np N•rYlm: paN:
I .•-- ^nexnmmae o I I w I —� � \`\ �w — —
I
TRASH ENCLOSURE SECTION
LAPITING MATERIAL SCHEDULE —
�_ i xww LLa •� a lCN,4.1 Certification:
"gi +v -s..v r.•enwe � I � I n-wr �'«�r x.m e. p•n
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— /�— Ir in s:oww•..�c (•.w��.w aw.�v�.dw v,;>�a;�
LANDSCAPE POINT CALCULATION
-- -- - _ TYPE OF DEVELOPMENT (POINTS REQUIRED / ACRE I Drawing:
- - - - -- - - - -- - _ - -� �� - -- - — - / RETAIL / SERVICE 2.00 ACRES ®700 = 200.0 p I�p r�F�
TOTAL POINTS REQUIRED 0.28 ACRES ® 80 m 222.4 I (L4�pQ/p�V�®p���Ir 15
L — _. — — — — — — — — — — PLAN
t -- -- — — — - LANDSCAPE MATERIALS PROVIDED
�.L.A PREUMINARY
u • Ay PLANTING TYPE IGUAN. PNTS /PLANTING TOTAL PNTSI7. OF POINTS( SU I NOT FOR CONSTRUCTION
: e
TRASH ENCLORE - GATE ELEVATION LANDSCAPE PLAN SHADE TREES 9 10 90.00 39 wn o.rz cr9e
xor ro srwt CONIFEROUS TREES 28 6 90.00 I39 I
�,_ DECORATIVE TREES 10 1.5 15.00 7 I S h e et No:
SHRUBS -- 71 .5 35.50 15 I O lu' L�
TOTAL POINTS PROVIDED 23 100
2 TRASH ENCLOSURE SITE PLAN
1-1.— 0 . - -'- 0 &--,—
z
i U H r
- —= -- LEGEND w
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RADIUS �s I I QUARTER C C RCLE
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FULL CIRCLE TORO 570 SERIES 5' RADIUS Y
HALF CIRCLE TOR 5,0 SERIES 5 R ADIUS I
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p l
f - - - � I _ s - I Q i "ELECTRIC FLOW CONTROL VALVE li
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9 CASING e j
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1 857,5 , y a CASC_. x
IRRIGATION NOTES' S4'� 1. 120 VOLT ELECTRICAL POWER OUTLETS FOR CONTROLLERS rcWZ ,
s i 15 j BE PROVIDED BY THE GENERAL CONTRACTOR. THE
s s s P5 3 5 3 �I °mss
SP I NOOK - ,LEER CONTRACTOR TO BE RESPONSIBLE FOR MAKING
5 jj�,', n l. 1 T r j� • �� I HOOK -UP FROM OUTLETS TO CONTROLLERS � gg
_ ..R...- p< Sz
- �g 5 4z�
2 ALL WIRE FROM CONTROLLERS TO ELECTRIC VALVES TO BE m
YY_
;i x
COPPER UF- 14 DIRECT BURIAL. USE BLACK FOR PILOT AND
y \ \ '.t5 WHITE FOR COMMON INSTALL IN COMMON TRENCH COO WITH MAIN
-
9 / LINE WHERE POSSIBLE PROVIDE MIN OF :8” COVER _� R
3, PROVIDE MIN 18' COVER OVER ALL MAIN LINE PIPING AND
3 { e � \` \�3 ,5 '/ /• 12' COVER OVER ALL IATERIAL LINE PIPING §$ i
9"
4 ALL PIPING UNDER PAVED AREAS EAS TO BE PVC SCH. 40 �
3 I 9 l IRR lKW NMNIINF 1' - c t \ \\ f 13 /� ! / \, INSTALL PRIOR TO PAVING, n
°`I s 1 \ \ \, 15 5. THIS DESIGN IS DIAGRAMMATIC EQUIPMENT SHOWN IN PAVED ice
s AREAS IS FOR DESIGN CLARIFICATION ONLY AND IS TO BE W • - �
` : % .,,4 INSTALLED WITHIN THE NEAREST PLANTED AREA WHERE > C5
s \\ 15 \�_ POSSIBLE. to Z of
15 - � 6. CONTRACTOR SHALL FLUSH ALL LINES AND ADJUST ALL HEADS
FOR BEST PERFORMANCE AND TO PREVENT OVERSPRAY ONTO Of p Z r
1 - WALKS, DRIVES, AND BUILDINGS AS MUCH AS POSSIBLE THIS O_ U W>
SHALL INCLUDE THE SELECTION OF THE BEST DEGREE OF APC
5
II 5c /` /•
21 7, INSTALL ALL EQUIPMENT AS REQUIRED BY MANUFACTURER.
J
8. DO NOT WILLFULLY INSTALL THE SYSTEM AS DESIGNED WHEN IT
^ I z IS OBVIOUS IN THE FIELD THAT UNKNOWN OBSTRUCTIONS OR GPADE
ly
\ _ DIFFERENCES EXIST THAT WERE NOT KNOWN DURING DESIGN.
Q \, IS I iS t3 SUCH CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE
OWNEWS, AUTHORIZED REPRESENTATIVE. OTHERWISE THE IRRIGATION
q� 1 RESPONSIBILITY R ANY AND
F
Is CONTRACTOR MUST ASSUME FULL G
a �g _
f3 5 ALL NECESSARY REVISIONS.
y/ +_ 9. FINAL LOCATION OF AUTOMATIC CONTROLLER D / DETERMINED
�
BY OWNER'S AUTHORIZED REPRESENTATIVE AND/OR OR LANDSCAPE
1 2 .._ _� .,N: w •;!' �.ai.. ARCHITECT. w x..... GOOIo
I'J_.:.r. �.:
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REPLACED OR CORRECTED BY THE TH�IGATDi0o FOR A CONTRACT SHAL E
OR AT NO
�~+ 1 COST TO THE OWNER, '
CONTRACTOR IS TO ADJUST IRRIGATION TO WHERE LIGHTING FI %TOPES
AND OTHER OCCURED IN FIELD,
Y
i1TILITIES
iRRIGATICN SHEE
SCALE IN FEET
12 STATE LAW': S. 48 HWRS BEFOkE E %CAVATING OR DEMOLISHING
BUILDING CALL ((657) 454 -0002 FOR FIELD LOCATION OF
0 20 40 UNDERGROUND UY�UTr LINES (This service locates ptility owned r
y�� •v ^\ � ,r?" hoes but not private Lines).
'
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LEASED CfFICE SPACE
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LEASED SPACE — Certification
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PLAN
PRELIMINARY
NOT FOR CONSTRU
Sheet No
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El (FIR5TrLOORpL^w
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NORTH BUILDING ELEVATION
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SOUTH ENJILDINdl ELEVATION
Revisions:
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Certification:
EAST BUILDING ELEVATION
Drawing:
BUILDING
ELEVATOONS
PRELIMINARY
NOT FOR CONSTRUCTION
n*i Sheet No:
POST BUILDING ELON
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ti W e
• Member Graydon Boeck introduced the following resolution and
moved its adoption:
PLANNING COMMISSION RESOLUTION NO. 2000 -03
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF
PLANNING COMMISSION APPLICATION NO. 2000 -014 SUBMITTED BY
FRANZ ENGINEERING REPRODUCTIONS, INC.
WHEREAS, City Council Resolution No. 98-47 adopted on March 23, 1998,
approved a rezoning from I -1 (Industrial Park) to PUD /I -1 of a 7.28 acre parcel of land located
at the southwest quadrant of Xerxes Avenue North and Freeway Boulevard; and
WHEREAS, that Planned Unit Development (PUD) proposal also included site and
building plan approval for the first phase development on a portion of the property for a 104 unit
Extended Stay America Motel and deferred approval for the remaining two lots pending
submission of Planned Unit Development amendments for subsequent development; and
WHEREAS, Planning Commission Application No. 99009 consisting of a PUD
amendment submitted by Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating
LP calling for development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th
• Addition, was approved by the City Council under Resolution No. 99 -159 on October 25, 1999;
and
WHEREAS, Planning Commission Application No. 2000 -014 has been submitted
by Franz Engineering Reproductions, Inc. as an amendment to the Planned Unit Development for
this area to allow construction of a 20,670 sq. ft. service /office commercial complex on the
remaining 2.28 acre parcel of land known as Lot 1, Block 1, Shingle Creek 5th Addition; and
WHEREAS, the Planning Commission held a duly called public hearing on June
29, 2000, when a staff report and public testimony regarding the Planned Unit Development
Amendment were received; and
WHEREAS, the Planning Commission considered the Planned Unit Development
Amendment request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35 -208 of the City's zoning ordinance, the provisions of the Planned Unit
Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan..
NOW, THEREFORE, BE IT RESOLVED by the Planning Advisory Commission
of the City of Brooklyn Center to recommend to the City Council that Application No. 2000 -014
submitted by Franz Engineering Reproductions, Inc. be approved in light of the following
considerations:
•
Page 1
1. The Planned Unit Development Amendment is compatible with the standards, purposes
and intent of the Planned Unit Development section of the City's zoning ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land in
question in a manner which is compatible with, complimentary to and of comparable
intensity to adjacent land uses as well as those permitted on surrounding land.
3. The utilization of the property as proposed under the Planned Unit Development
Amendment is considered a reasonable use of the property and will conform with city
ordinance standards except for allowing a 15 ft. rather than 50 ft. buffer strip along the
Xerxes Avenue right of way area which is justified on the basis of providing heavy
landscaping and utilizing a dense, staggered planting scheme of coniferous trees to
screen and buffer the area.
4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development Amendment appears to be a good long range use of the
existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35 -208 of the city's zoning ordinance are met and
that the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of
Brooklyn Center to recommend to the City Council that approval of Application No. 2000 -014 be
subject to the following conditions and considerations:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits.
4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment
shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
is with Chapter 5 of the city ordinances.
Page 2
• 6. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement with the City for
maintenance and inspection of utility and storm drainage systems as recommended
by the City Engineer prior to the issuance of permits.
11. The plans shall be modified prior to the issuance of building permits to indicate:
a. Parking deliniators on each end of a line of parking located on the east side of the
building.
b. Solid wood or metal screening on the trash enclosure gate rather than the vinyl
• filler strips shown on the plan.
c. That the 21 parking spaces on the west side of the property do not need to be
striped to discourage parking in this area.
12. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall also provide adequate erosion control as approved by the City's
Engineering Department.
14. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building permits. Said development agreement shall be filed with the title to the
property.
15. Utilization of the building shall be limited to service /office commercial uses with
limited incidental sales. General commercial and retail uses such as convenience
stores, video rental, restaurants, recreation and amusement places shall not be
allowed to occupy this building.
i
Page 3
Date Chair
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by member Dianne
Reem and upon vote being taken thereon, the following voted in favor thereof: Chair Tim
Willson, Stephen Erdmann, Sean Rahn, Rex Newman, Dianne Reem, Graydon Boeck, John
Whitehead
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
Page 4
• its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 2000 -014 SUBMITTED BY FRANZ ENGINEERING
REPRODUCTIONS, INC.
WHEREAS, City Council Resolution No. 98 -47 adopted on March 23, 1998,
approved a rezoning from I -1 (Industrial Park) to PUD /I -1 of a 7.28 acre parcel of land located
at the southwest quadrant of Xerxes Avenue North and Freeway Boulevard; and
WHEREAS, that Planned Unit Development (PUD) proposal also included site and
building plan approval for the first phase development on a portion of the property for a 104 unit
Extended Stay America Motel and deferred approval for the remaining two lots pending
submission of Planned Unit Development amendments for subsequent development; and
WHEREAS, Planning Commission Application No. 99009 consisting of a PUD
amendment submitted by Progressive Consulting Engineers, Inc. on behalf of Motel 6 Operating
LP calling for development of a three story, 122 unit motel on Lot 2, Block 1, Shingle Creek 5th
Addition, was approved by the City Council under Resolution No. 99 -159 on October 25, 1999;
• and
WHEREAS, Planning Commission Application No. 2000 -014 has been submitted
by Franz Engineering Reproductions, Inc. as an amendment to the Planned Unit Development for
this area to allow construction of a 20,670 sq. ft. service /office commercial complex on the
remaining 2.28 acre parcel of land known as Lot 1, Block 1, Shingle Creek 5th Addition; and
WHEREAS, the Planning Commission held a duly called public hearing on June
29, 2000, when a staff report and public testimony regarding the Planned Unit Development
Amendment were received; and
WHEREAS, the Planning Commission recommended approval of Planning
Commission Application No. 2000 -014 by adopting Planning Commission Resolution No. 2000 -03
on June 29, 2000; and
WHEREAS, the City Council considered Planning Commission Application No.
2000 -014 at their July 10, 2000 meeting; and
WHEREAS, the City Council has considered this Planned Unit Development
Amendment request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35 -208 of the City's zoning ordinance, the provisions of the Planned Unit
•
• RESOLUTION NO.
Development ordinance contained in Section 35 -355, 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 -014 submitted by Franz Engineering Reproductions,
Inc. be approved in light of the following considerations:
1. The Planned Unit Development Amendment is compatible with the standards, purposes
P P P rP
and intent of the Planned Unit Development section of the City's zoning ordinance.
2. The Planned Unit Development proposal will allow for the utilization of the land in
question in a manner which is compatible with, complimentary to and of comparable
intensity to adjacent land uses as well as those permitted on surrounding land.
3. The utilization of the property as proposed under the Planned Unit Development
Amendment is considered a reasonable use of the property and will conform with city
ordinance standards except for allowing a 15 ft. rather than 50 ft. buffer strip along the
. Xerxes Avenue right of way area which is justified on the basis of providing heavy
landscaping and utilizing a dense, staggered planting scheme of coniferous trees to
screen and buffer the area.
4. The Planned Unit Development proposal is considered compatible with the
recommendations of the City's Comprehensive Plan for this area of the city.
5. The Planned Unit Development Amendment appears to be a good long range use of the
P PP g g g
existing land and can be considered an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for evaluating
rezonings as contained in Section 35 -208 of the city's zoning ordinance are met and
that the proposal is, therefore, in the best interest of the community.
BE IT FURTHER RESOLVED b the City Council of the City of Brooklyn Center
Y tY tY Y
that approval of Application No. 2000 -014 be subject to the following conditions and
considerations:
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.
•
• RESOLUTION NO.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits.
4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment
shall be appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the city ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to facilitate
site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement with the City for
maintenance and inspection of utility and storm drainage systems as recommended
by the City Engineer prior to the issuance of permits.
11. The plans shall be modified prior to the issuance of building permits to indicate:
a. Parking deliniators on each end of a line of parking located on the east side of the
building.
b. Solid wood or metal screening on the trash enclosure gate rather than the vinyl
filler strips shown on the plan.
c. That the 21 parking spaces on the west side of the property do not need to be
striped to discourage parking in this area.
•
I
• RESOLUTION NO.
12. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's standard specifications and details.
13. The applicant shall obtain an NPDES permit from the Minnesota Pollution Control
Agency and shall.also provide adequate erosion control as approved by the City's
Engineering Department.
14. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney prior to the issuance of
building permits. Said development agreement shall be filed with the title to the
property.
15. Utilization of the building shall be limited to service /office commercial uses with
limited incidental sales. General commercial and retail uses such as convenience
stores, video rental, restaurants, recreation and amusement places shall not be
allowed to occupy this building.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
City Council Agenda Item No. 8b
i
• MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. i
Warren, Planning and Zoning Spe iali�
Subject: City Council Consideration Item - Planning Commission Application No. 2000-
015
Date: July 5, 2000
On the July 10, 2000 City Council Agenda is Planning Commission Application No. 2000 -015
submitted by Exodus Community Development Company requesting a Special Use Permit to
provide a child care operation at the former Brook Park Baptist Church, 4801 63rd Avenue
North.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 2000 -015 and also an area map showing the location of
the property under consideration, the Planning Commission minutes relating to the
Commission's consideration of this matter and other supporting documents.
This matter was considered by the Planning Commission at their June 29, 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 of the Planning Commission.
•
Application Filed on 6 -7 -00
City Council Action Should Be
Taken By 8 -6 -00 (60 Days)
Planning Commission Information Sheet
Application No. 2000 -015
Applicant: Exodus Community Development Company
Location: 4801 63rd Avenue North
Request: Special Use Permit
The applicant, Exodus Community Development Company, is seeking a Special Use Permit to
provide a child care operation at the former Brook Park Baptist Church, 4801 63rd Avenue
North. The property in question is zoned R -1 (Single Family Residence) and is located on the
south side of 63rd Avenue, easterly of Perry Avenue. It is bounded on the north by 63rd Avenue
and a single family home located at the corner of 63rd and Perry Avenues; on the east and south
by Orchard Lane School property; and on the west by single family homes and Perry Avenue.
The church parsonage property, 6226 Perry Avenue North, is located adjacent to the church and
is being considered in this application.
A partnership of Exodus Community Development Company and Christ Temple have recently
acquired the Brook Park Baptist Church property and are planning to continue its use as a
church. They also plan to operate the Imani Child Development Center in the lower level of the
church building to provide child care for children 16 months through 11 years of age. They also
propose to use the old parsonage as an extension of their program to provide child care for
children that need to be separated from the main facility because of illness or other reasons.
They also plan to use the parsonage at other times for staff and community training and
education in early childhood development.
The applicant has submitted written information regarding their program and how it meets the
standards for special use permits contained in the zoning ordinance. The program will be
licensed by the State of Minnesota Department of Human Services in accordance with their
guidelines for child care. It will be run Monday through Friday, 50 weeks per year between the
hours of 7:00 a.m. and 6:00 p.m. Entrance to the property is from 63rd Avenue into the church
parking lot with a sidewalk being provided between the church building and the adjacent
property at 6226 Perry Avenue. There will be no need for traffic associated with this use to be
on Perry Avenue. They note that the church property has a fenced in play area adjacent to the
church and they also note that they will not be changing or altering the residential property which
will remain a part of the church.
As previously indicated the program will be required to be licensed by the Minnesota
Department of Human Services and subject to their regulations with respect to child care. The
buildings will need to be evaluated further by the Building Official and/or Fire Chief.
. 06 -29 -00
Page 1
• Discussions with the Building Official regarding occupancy and accessibility have taken place
and it is not anticipated that any major problems related to their use will be encountered. The
lower level of the church had previously been utilized as part of the former church's "Children's
Church Ministries ", but had not previously been used for a child care or day care use.
The Planning Commission's attention is directed to the written comments submitted by the
applicant with respect to how they believe they will meet the standards for special use permits.
They believe that their program will be a benefit to the community and surrounding communities
since their is limited child care in the immediate area. They note that their program will be
licensed by the State of Minnesota. Access to the site will be from 63rd Avenue rather than
Perry and a connection between the church and the parsonage facilities is provided.
It should be noted that other churches have made use of parsonages for other than residential uses
such as for youth ministries or other church related functions. Brooklyn Peacemakers even made
use of the parsonage at the Brookdale Covenant Church for counseling and mediation services at
one time. The use of the parsonage as proposed by the applicants will be in keeping with past
approvals.
We see no conflict with the standards for special use permits as proposed by this child care
operation to be conducted by Exodus Community Development Company and Christ Temple.
A public hearing has been scheduled for this application and notices have been sent.
RECOMMENDATION
In general, we believe the application is in order and approval is recommended subject to at least
the following conditions:
1. The special use permit is issued for a child care operation which may utilize the
adjoining parsonage property at 6226 Perry Avenue North for child care along with
staff and community training and education in early childhood development.
2. The child care operation shall receive the proper licensing from the Minnesota
Department of Human Services and a copy of the license shall be kept on file with the
City.
3. The church building d remises will be brought into compliance with applicable
g p g p PP
state and local regulations relating to fire safety, health and building code standards
for this operation as determined by the Building Official and Fire Chief.
4. The special use permit is subject to all other applicable codes, ordinances and
regulations. Any violation thereof may be grounds for revocation.
06 -29 -00
Page 2
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SECTION 35 -220
2. standards for Special Use Permits,
A special use permit may be granted by the City Council after demonstration by
evidence that all of the following are met:
A. The establishment, maintenance or operation of the special use will promote
and enhance the general public welfare and will not be detrimental to or endanger
the public health, safety, morals or comfort.
The "Imam Child Development Center" will be located at 4801 -63 Avenue North in
Brooklyn Center and will serve children 16 months through 11 years of age. This
property is a church that has a full basement with daylight windows on the south and east
walls. The basement area which will house the Imam Child Development Program, was
formerly used by the church for it's "Children's Church Ministries." Additionally, we
will be acquiring the property at 6226 Perry Avenue North (directly behind the church),
formerly used as a parsonage to house the family and Pastor of Brook Park Church. We
would like to use the property at Perry as an extension of the Imani Program. This would
be a place where children can go if they need to be separated from the larger child care
population due to ill; this way the parent can continue to work or go to school. The
program hours are: 7:00 am to 6:00 pm, Monday thru Friday, 50 weeks per year. During
alternate times, we may also use this property for staff and community training and
. education in early childhood development.
We believe that it will be a benefit to this community and surrounding communities since
there is no child care center in the immediate area. This program will be licensed by the
State of Minnesota in accordance with Department of Health (DHS) guideline.
B. The special use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood.
The entrance to property at 4801 -63 Avenue North will be from 63 Avenue North onto
the church parking lot which has the capacity for 70 cars. A sidewalk will be added to
access the property at 6226 Perry Avenue North therefore, entrance from Perry Avenue
will be minimal.
C. The establishment of the special use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
The church at 63 Avenue has a fenced in play area directly behind the property, the
Perry Avenue residence is adjacent to the church. The property at Perry Avenue will not
be changed or altered as a residential property and will remain a part of church.
Exodus Community Development Company
• D. Adequate measures have been or will be taken to provide ingress, egress
and parking so designed as to minimize traffic congestion in the public
streets.
Please refer to section C.
E. The special use shall, in all other respects, conform to the applicable
regulations of the district in which it is located.
We trust that our request for this special use permit will conform to the applicable
regulations of the district in which the Imani Program will be located.
•
Exodus Community Development Company
Section 35 -220
3. Standard for.Snec.ia1 t f,e Perms
A special use permit may be granted by the City Council after demonstration by evidence
that all of the following are met:
a. The establishment, maintenance or operation of the special use will promote and
enhance the general public welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort.
b. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
C. The establishment of the special use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
d. Adequate measures have been or will be taken to provide ingress; egress and parking
so designed as to minimize traffic congestion in the public streets. .
e. The special use shall, in all other respects, conform to the applicable regulations of the
district in which it is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may impose such
conditions and restrictions upon the establishment, location, construction, maintenance and
operation of the special use as deemed necessary for the protection of the public interest and
to secure compliance with requirements specified in this ordinance. In all cases in which
special use permits are granted, the City Council may require such evidence and guarantees
as it may deem necessary as part of the conditions stipulated in connection therewith.
4. Resubmi ion
No application for a special use permit which has been denied by the City Council shall be
resubmitted for a period of twelve (12) months from the date of the final determination by
the City Council; except that the applicant may set forth in writing newly discovered
evidence of change of condition upon which he relies to gain the consent of the City Council
for resubmission at an earlier time.
d. Revocatio and Extension of Special Use Permits
Nvhen a special use permit has been issued pursuant to the provisions of this ordinance, such
permit shall expire without further action by the Planning Commission or the City Council
unless the applicant or his assignee or successor commences work upon the subject property
within one year of the date the special use permit is granted, or unless before the expiration
of the one rear eriod the applicant shall apply for an extension P PP pp , thereof by filling out and
submitting to the Secretary of the Planning Commission a Special Use Permit application
requesting such extension and paving an additional fee in an amount as set forth by the City
Council resolution.
Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn
Center shall expire within one year of the effective date of this ordinance if construction
upon the subject property pursuant to such special use permit has not commenced within
that time.
• In any instance where an existing and established special use is abandoned for a P eriod of
one year, the special use permit related thereto shall expire one year following the date of
abandonment.
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JUNE 29, 2000 DRAFT
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:31 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Stephen Erdmann, John Whitehead, Rex Newman, Dianne
Reem, and Graydon Boeck were present. Commissioner Rahn arrived at 7:40 p.m. Also present
were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and
Planning Commission Recording Secretary Sara Beck.
APPROVAL OF MINUTES — JUNE 15.2000
There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the
minutes of the June 15, 2000 meeting as submitted. The motion passed unanimously with
Commissioner Whitehead abstaining as he was not at that meeting.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
• Commission's functions is to hold public hearings. In the matters concerned in these hearings,
the Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO. 2000-014 — ALLEN J. FRANZ
Chair Willson introduced Application No. 2000 -014, a request to seek a Planned Unit
Development Amendment to construct a 20,670 sq. ft. service /office commercial complex on a
2.28 acre parcel of land that is legally described as Lot 1, Block 1, Shingle Creek 5th Addition
and is more commonly identified as 2781 Freeway Boulevard.
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 6/29/00 for
Application No. 2000 -014 attached.) He explained the activity that has taken place in recent
years regarding the property and the two adjacent properties contained in the Shingle Creek 5th
Addition. He mentioned that staff generally believes that the proposal will be consistent and
compatible with surrounding land uses in the area, and comply fully with the applicable
ordinances or be offset by factors related to the plan.
Commissioner Boeck questioned condition #10 listed in the proposed resolution enclosed in the
staff report. He explained that he would like to see different language where it states that the
06 -29 -00
Page 1
l
easement and agreement for maintenance is determined by the City Engineer. A brief discussion
ensued relative to the language and format for the utility maintenance agreement.
Commissioner Boeck suggested changing the language in condition #10 to read "as •
recommended by the City Engineer." Mr. Warren agreed to this suggestion.
Chair Willson asked for a consensus from the Commission on condition #10 in the proposed
resolution to use the word "recommended" instead of "determined."
Chair Willson indicated the Commission has agreed to the revision. Mr. Warren stated that the
change would be made.
Commissioner Reem questioned if there is adequate parking available. Mr. Warren stated that
there should be adequate parking available because the plan is based on use of the retail parking
formula rather than the lesser service /office formula.
PUBLIC HEARING — APPLICATION 2000 -014
There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to open the
public hearing on Application No. 2000 -014, at 8:24 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
Allen Franz, the applicant, stated that he has been in business since 1965. He explained that they
feel strongly about owning their own building and since they have found a nice lot, they would
like to pursue it further. He mentioned that the majority of their business is pick -up and delivery, •
therefore, they wouldn't have a lot of traffic in and out of the site.
Chair Willson questioned if he had heard some of the discussion on the parking concerns. Mr.
Franz stated that he did hear their concerns and asked that his son speak in response since he is in
the process of taking over the business.
Bruce Franz, the son of the applicant, stated that he has worked in the business for 15 years. He
stated that the reason they are proposing_an_abundance of parking is so there is room to push the
snow in the winter time. He explained that they would like to have the maximum number of
parking spaces allowed for a retail setting, even though there is no intention to operate a retail
business.
In response to a coment and inquiry by Commissioner Boeck, Mr. Bruce Franz stated that one
consideration would be to pave the area but not stripe it for parking. He explained that they
don't need the parking since they only 14 employees. He mentioned that they would just like to
store snow in that area instead of pushing the snow on the grass.
Commissioner Boeck stated that it is a reasonable request, however, the citizens adjacent to the
property may feel differently.
06 -29 -00
Page 2
Commissioner Boeck questioned who would establish a proof of parking. Mr. Warren stated
there would be an agreement between the City and the developer that is filed with the property.
He explained that if there were ever a need for additional off street parking, a notice would be
given to the owner to put the parking in within one year.
Commissioner Newman stated that the only reason it would come about is if people are parking
on the street.
Mr. Warren stated the staff is convinced that there would be enough screening provided by the
evergreen trees.
Commissioner Boeck questioned if it would ever be possible to put a restaurant in this location.
Mr. Warren stated it would not be an option based on the recomended condition #15.
Commissioner Reem suggested paving the area, but to avoid painting stripes to designate actual
parking.
There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to add
condition 11 C to the proposed resolution which states: That the 21 parking spaces on the west
side of the property do not need to be striped to discourage parking in this area." The motion
passed unanimously.
Larry Poplar, the Engineer, introduced himself and offered to answer any questions. He clarified
some of the parking concerns and also mentioned that it is possible that they may lose another
parking stall.
Rose Gordon, 6666 Xerxes Place, mentioned that she would like to see the plan on an overhead
projector. She explained that as a neighbor directly across the street, she has concerns with
where the snow would be piled and the screening provided. Chair Willson explained that the
snow piles would be screened.
Ms. Gordon stated that she would appreciate if the commission would consider the view the
neighbors across the street will have on the property. She also questioned condition 415 in the
proposed resolution. She asked what would prevent this location from ever becoming a strip
mall in the future.,
Chair Willson explained that because it is a PUD there are limited uses and restrictions. He
stated that in order to build and develop that area, the developer must follow these stipulations.
Commissioner Newman mentioned that condition #14 relating to the development agreement
also addresses those concerns.
Mr. Warren explained that there is a condition listed that the owner has to agree with. He
explained that all the findings are filed with the property and if there were to be a new owner
• 06 -29 -00
Page 3
they are in turn subject to these conditions and only have the right to use the property as the
development agreement states. He mentioned that the only way it could be changed is if the City
Council approved the change which could only take place after a public hearing was held.
Mr. Bruce Franz stated that he understands the neighbors. He mentioned that he also has an
agreement with Motel 6 which would not allow them to make this a strip mall.
No other persons from the public appeared before the Commission during the public hearing on
Application No. 2000 -014.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to close the
public hearing on Application 2000 -014, at 8:50 p.m. The motion passed unanimously.
The Chair called for further discussion or questions from the Commissioners. The
Commissioners interposed no objections to approval of the Application.
ACTION TO APPROVE O A PPLI(,ATIQN NO, 2000 -014 — ALLEN J. FRANZ
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend
to the Council that it approve Application No. 2000 -014, submitted by Allen J. Franz, to make an
amendment for the development of the Franz Engineering project, subject to the following
conditions:
The Council will consider the recommendation at its July 10, 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.
ACTION RECOMMENDING APPROVAL OF RESOLUTION 99 -03
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve
Resolution 99 -03 regarding disposition of Planning Commission Application No. 2000 -014
submitted by Allen J. Franz. The motion passed unanimously.
The Council will consider the recommendation at its July 10, 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,. 2044 -01.5 - EXOPUS, C:CI MMUNITY DEVELOPMENT COMPANY
Chair Willson introduced Application No. 2000 -015, a request to seek a Special Use Permit to
provide a child care operation at the former Brook Park Baptist Church, 4801 63rd Avenue
North.
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 6/29/00 for
Application No. 2000 -015 attached.) He explained that a partnership of Exodus Community
06 -29 -0 •
•
Page 4
Development Company and Christ Temple have recently acquired the Brook Park Baptist
Church property and are planning to continue its use as a church. He stated that they also plan to
operate the Imani Child Development Center in the lower level of the church building to provide
child care for children 16 months through I 1 years of age.
Commissioner Newman questioned whether the Special Use Permit is for the owner of the
business or the property. Mr. Warren explained that the permit is for the property.
Commissioner Reem questioned if there is an entrance or an exit off Perry Avenue. Mr. Warren
explained that the only access to the property will be from 63rd Avenue.
Commissioner Reem questioned if the property would be taxed. Mr. Warren stated since the
church is a non - profit organization it would be tax exempt.
PUBLIC HEARING — APPLICATION 2000 -015
There was a motion by Commissioner Newman, seconded by Commissioner Rahn, to open the
public hearing on Application No. 2000 -015, at 9:11 p.m. The motion passed unanimously.
Chair Willson called for comments from the public.
Sylvia Mondane, Director of Exodus Community Development Company, introduced herself and
offered to answer any questions.
Commissioner Newman questioned if the parsonage facilities would be utilized for uses other
• than sick children and training. Ms. Mondane stated that there should be no reason to use the
parsonage for anything but sick children and training. She explained that they plan to remove the
child from the main building until the parent arrives to pick them up.
Commissioner Reem questioned if the entrance off Perry Avenue would be used in any way.
Ms. Mondane stated it would be rarely be used, if ever. She mentioned that perhaps it would be
used if they held a training for employees from other child care facilities.
Chair Willson questioned the procedure if a child was ill. Ms. Mondane stated that the child
would be signed in and out of the lower level, even if the child is sick and over at the parsonage.
Commissioner Reem questioned the number of children the facility will allow. Ms. Mondane
stated that the child care facility will be able to care for approximately 32 children.
Commissioner Boeck questioned if everyone on staff will be required to attend the community
training. Ms. Mondane explained that they will have 8 -10 employees and all will be required to
attend Continuing Education Training. She mentioned that they also plan to open these training
sessions to other child care facilities.
Commissioner Whitehead questioned what the hours would be of the child care facility and if the
training will take place during business hours. Ms. Mondane explained that the child care will be
• 06 -29 -00
Page 5
open from 7:00 a.m. to 6:00 p.m. She also mentioned that there could be some training that
would take place after hours from 6:00 p.m. to 8:00 p.m.
Commissioner Whitehead questioned if the training would ever take place in other locations. i
Ms. Mondane stated that there could be a possibility that some training would take place outside
on the site.
Dave Hreha, 4811 63rd Avenue North, questioned if the children attending the facility would be
from the church only or if children from the surrounding communities would be welcome as
well. Ms. Mondane explained that the child care facility will be open to the community, church,
and employee's children.
Mr. Hreha questioned what the hours and days of operation would be for the child care. Chair
Willson stated that the facility would be open from 7 -6 p.m. and open Monday through Friday.
Annette Dahlin, 6208 Perry Avenue North, questioned what the ages of the children would be
that are attending the child care facility. Mr. Warren stated the ages of the children.
Ms. Dahlin questioned if the playground area to the south and east of the building would be
fenced in and if so where would the fence be installed. She also questioned if the playground
area is church property.
Commissioner Boeck pointed out that it is mandatory to have a playground fenced in if there is
child care on the premises.
Ms. Dahlin stated that she supports the limiting of the access to Pe Avenue since the traffic is •
pp g n'Y
already heavy. She questioned if the children would be using the playground at the school
nearby.
Ms. Mondane stated that there is no agreement with the school to use their playground,
furthermore, they have their own playground to use.
Ms. Dahlin questioned if the playground area would be within the fenced in area. Ms. Mondane
stated that the playground area would be within the fenced in area.
Ms. Dahlin questioned the length on the Special Use Permit. Chair Willson explained that the
permit would be for an indefinite period of time provided all conditions are abided by.
Ms. Dahlin questioned if the training would be held on weekends. Ms. Mondane stated that the
facility will only be open Monday through Friday, no weekends.
Ms. Dahlin questioned the number of children that will be allowed in the facility. Ms. Mondane
stated 32 children.
06 -29 -00
Page 6
Mr. Warren stated that there are regulations the child care will be required to follow in order to
` abide by state law for a daycare facility. These regulations are administered by the Department of
Human Services, State of Minnesota.
• No other ersons from the public appeared before the Commission during the public p p pp g p hearing on
Application No. 2000 -015.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to close
the public hearing on Application 2000 -015, at 9:26 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.
Commissioner Reem recommended including a condition 5 to state that there will be no access
of Perry Avenue.
Mr. Warren suggested the following language, "Access to the site and from the site for child care
purposes shall be from 63rd Avenue."
ACTION TO APPROVE OF APPLICATION NO. 2000-015 — EX ODUS COMMUNITY
DEVELOPMENT COMPANY
There was a motion by Commissioner Erdmann, seconded by Commissioner Reem, to
recommend to the Council that it approve Application No. 2000 -015, submitted by Exodus
• Community Development Company for a Special Use Permit, subject to the following
conditions:
1. The special use permit is issued for a child care operation which may utilize the
adjoining parsonage property at 6226 Perry Avenue North for child care along with
staff and community training and education in early childhood development.
2. The child care operation shall receive the proper licensing from the Minnesota
Department of Human Services and a copy of the license shall be kept on file with the
City.
3. The church building and premises will be brought into compliance with applicable
state and local regulations relating to fire safety, health and building code standards
for this operation as determined by the Building Official and Fire Chief.
4. The special use permit is subject to all other applicable codes, ordinances and
regulations. Any violation thereof may be grounds for revocation.
5. Access to the site and from the site for child care purposes shall be from 63 Avenue.
• 06 -29 -00
Page 7
Voting in favor: Chair Willson, Commissioners Erdmann, Newman, Boeck, Reem, Rahn and
Whitehead.
The Council will consider the recommendation at its July 10, 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 -016 — PAN AFRICAN SOCIAL CLUB
Chair Willson introduced Application No. 2000 -016, a request to seek a Special Use Permit to
operate a "social club" in a 7,300 sq. ft. space in the lower level of the building located at 5800
Shingle Creek Parkway.
Mr. Warren presented the Planning Commission with a letter from the applicant requesting the
application be tabled indefinitely.
Commissioner Whitehead questioned if the applicant has no intention of pursuing the request
since the applicant is requesting the item to be tabled. Mr. Warren explained that at this time
they are having complications with the lease, therefore, until those issues are resolved no action
can take place.
Mr. Warren explained that if the motion is made to table per the applicant's request that would
allow the application to remain open indefinitely.
Commissioner Newman questioned if staff is aware of how long the application may be tabled.
Mr. Warren explained that if the City is not notified within a year then it would expire and not •
come back before the Planning Commission.
There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to table
Application No. 2000 -016 indefinitely per the applicant's request. The motion passed
unanimously.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to adjourn the
Planning Commission meetin g p Y . The motion passed unanimously. The meeting adjourned at 9:39
p.m.
Chair
Recorded and transcribed by:
Sara Beck
TimeSaver Off Site Secretarial, Inc.
06 -29 -0 •
0
Page 8
City Council Agenda Item No. 9a
� Agenda Item 9a
This will be a verbal report.
•
f
•
City Council Agenda Item No. 9b
Office of the City Clerk
City o f Brooklyn Center
A great place to start. A great place to stay.
• MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk '26 -- �m4bk—
DATE: July 6, 2000
SUBJECT: Mayoral Appointments to Housing Commission
Housing Commission (two vacancies)
The Housing Commission is composed of a chairperson and eight members. Two vacancies exist with a
term expiration of December 31, 2002.
Notice of vacancy on the Housing Commission was published in the Brooklyn Center Sun -Post on May 31,
2000. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from May 19
through June 19, 2000.
A letter was sent to those persons who previously had submitted an application for appointment to a
Brooklyn Center advisory commission informing them of the vacancy and requesting that they call the City
• Clerk if they are interested in applying for the commission. They were given the choice of either reapplying
or having their application previously submitted considered. Notices were also sent to current advisory
commission members.
Attached for City Council Members only is a copy of the applications received:
Elizabeth Davis 6936 France Avenue North
Shawn Taylor 3955 69th Avenue North
A letter was sent to the applicants notifying them that their application for appointment would be considered
at the July 10, 2000, City Council meeting.
Other attachments include:
1) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995.
2) Memorandum from Mayor Kragness indicating her nominations.
3) Housing Commission geographical distribution of current members and applicants.
4) City advisory commission bylaws and City Council Resolution establishing Housing
Commission duties and responsibilities.
Recommended Council Action:
Motion by Council to ratify the Housing Commission nominations by Mayor Kragness with terms
• expiring December 31, 2002.
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
Procedures for Filling Commission /Task Force Vacancies
Adopted by Council 3 /27/95
The following process for filling commission/task force vacancies was approved by the City Council
at its March 27, 1995, meeting:
Vacancies in the Commission shall be filled by Mayoral appointment with majority consent
of the City Council. The procedure for filling Commission vacancies is as follows:
1. Notices of vacancies shall be posted for 30 days before any official City
Council action is taken;
2. Vacancies shall be announced in the City's official newspaper;
3. Notices of vacancies shall be sent to all members of standing advisory
commissions;
4. Applications for Commission membership must be obtained in the City
Clerk's office and must be submitted in writing o the City Clerk;
g Y
5. The City Clerk shall forward copies of the applications to the Mayor and City
Council;
6. The Mayor shall identify and include the nominee's application form in the
City Council agenda materials for the City Council meeting at which the
nominee is presented;
7. The City Council, by majority vote, may approve an appointment at the City
Council meeting at which the nominee is presented.
•
PROCEDUR.CC
=31 City of Brooklyn Center Office of the Mayor
A great place to start. A great place to stay.
MEMORANDUM
TO: Councilmember Debra Hilstrom
Councilmember Kay Lasman
Councilmember Ed Nelson
Councilmember Robert Peppe
FROM: Myrna Kragness, Mayo
DATE: July 6, 2000
SUBJECT: Housing Commission Appointments
As outlined in our policy for filling commission vacancies, I would request ratification from Council
Members for the nomination of Elizabeth Davis, 6936 France Avenue North, and Shawn Taylor, 3955 69th
Avenue North, to the Housing Commission with terms expiring December 31, 2002.
•
•
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
Housing Commission
Geographical Distribution
(Chairperson and Eight Members)
Current Members
July 6, 2000
Neighborhoods
00
ds
p .......::::::.:.::::::::::.:.::::::::::..::.:;.: ;.;:.;:;.;::<:;<.:::.:.::.::.:. Current Members
1111111111_ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII
Southeast
Northeast Kathleen Carmody
7024 Knox Avenue North
Lloyd Deuel
1606 72nd Avenue North
Northwest Elaleth::Dis Ernie Erickson
6 F� au:;e t?�v�enue:l�orth?:: < 6800 Drew Avenue North
..:. ...:...
955C9h;:Ave�nue: North::::: ::.:.::.
... .........
I I I I I I I I I I I I I I I I I I I I11111111111111111111111111111111111111
West Central Dennis Snook
5836 Halifax Avenue North
Michael VonDelinde
5312 Boulder Lane
Central Martin Frawley
6219 Chowen Avenue North
Mark Yelich
6018 Beard Avenue North
Southwest
Two vacancies.
i
• CITY OF BROOKLYN CENTER
COMMISSION BYLAWS
Adopted: June 22, 1987
Amended: March 27, 1995
Pursuant to the following resolutions relating to and providing for the establishment, appointment,
organization, and responsibilities of the Brooklyn Center Financial, Housing, Human Rights and
Resources, Park and Recreation, and Planning Commissions, the City Council does hereby adopt these
bylaws and rules for the conduct of their affairs.
COMMISSION, RESOLUTIONS
Financial 91 -115, 92 -99, 92 -168, 95 -78, 98 -13, 99 -110
Housing 73 -140, 75 -97, 77 -22, 87 -131, 92 -136, 95 -79,
98 -13
Human Rights and Resources 68 -44, 69 -35, 71 -211, 74 -68, 87 -132, 92 -135,
93 -76, 95 -80, 98 -13
Park and Recreation 73 -25, 77 -52, 87 -133, 92 -137, 95 -81, 98 -13
Planning 87 -87, 87 -134, 92 -134, 95 -82, Ordinance 35-
201
Article I. Officers
Section 1. Personnel
The officers shall consist of a Chairperson and Vice - Chairperson.
Section 2. Dutie
The Chairperson shall preside at all meetings and shall appoint Ad Hoc Committee
members and Ad-Hoc Committee Chairpersons.
The Vice - Chairperson shall be appointed annually by the Chairperson and shall
perform such duties as may be assigned by the Chairperson, and shall assume the
Chair in the absence of the Chairperson.
Article II. Meetings
The Commission shall hold regular meetings. Special meetings may be called at any time by the
Chairperson upon sufficient notification to all Commission members.
Article III. Quorum
• A quorum shall consist of a majority of the members of the Commission.
Article IV. Attendance
Three consecutive unexcused absences from duly called Commission meetings or unexcused
absences from a majority of duly called Commission meetings within one calendar year shall
constitute automatic resignation from office.
Article V. Minutes
Minutes of each regular meeting, in writing, shall be provided to each Commission member prior
to the commencement of the succeeding regular meeting.
Article VI. Ad Hoc Committees
Section 1. Structure
The Commission may create Ad Hoc Committees to investigate those areas where
problems relative to the Commission's purpose are recognized.
Section 2. Membership
Each Ad Hoc Committee shall have a Chairperson, who shall provide regular
interim reports on the progress of the Ad Hoc Committee. A final report to the
Commission must be submitted.
S Article VII. General Provisions
No member of the Commission or its Committees shall be authorized to speak on behalf of the
Commission publicly, unless the Commission has first considered and approved such statements.
Article VIII. Parliamentary Authority
Robert's Rules of -Order Newly Revised shall be the governing authority for all meetings of the
Commission and for its committees.
Article IX. Amendments
These bylaws may be amended by a four -fifths vote of the City Council.
i
I
RESOLUTION NO. 73 -140
• RESOLUTION NO. 75 -97
RESOLUTION NO. 77 -22
RESOLUTION NO. 87 -131
RESOLUTION NO. 92 -136
RESOLUTION NO. 95 -79
RESOLUTION NO. 98 -13
RESOLUTION ESTABLISHING A BROOKLYN CENTER HOUSING
COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES
THEREFOR
WHEREAS, the housing situation in Brooklyn Center has reached a point in its
development which requires a concentrated effort in the development of housing standards to
protect the quality of life in the community; and
WHEREAS, Brooklyn Center shows the beginning of some housing deterioration
and it is a common fact that deterioration can quickly reach a point where repair is no longer
feasible and deterioration will then spread to the entire neighborhood causing blight; and
WHEREAS, for a housing program to be successful, it must involve citizen
participation to tailor the program to the citizens of Brooklyn Center; and
WHEREAS, the City of Brooklyn Center being a progressive community, must
commit itself to the maintenance of quality housing for its citizens.
NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center City Council
that there is hereby established within the City of Brooklyn Center an advisory Housing
Commission as follows:
Subdivision 1. TITLE: This organization shall be known as the Brooklyn Center
Housing Commission.
Subdivision 2. SCOPE: The scope of activity of this Commission shall consist of
advising the City Council and other Brooklyn Center advisory commissions
regarding matters relevant to housing.
Subdivision 3. PURPOSE: The general purpose of this Commission shall be to
afford citizen input in the development of a housing program to supplement the
activities of the City Council.
Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose,
the duties and responsibilities of the Commission shall be to:
. 1 . Advise, investigate and review relevant matters for the City Council.
2. Develop an overall plan for housing in line with the comprehensive plan
S for Brooklyn Center and the needs of the metropolitan area.
3. Serve as a forum for the citizens of Brooklyn Center to voice their
opinions regarding housing matters.
4. Work closely with the Planning Commission and all other commissions
on matters regarding housing.
5. Work with the neighborhood advisory committees of the Planning
Commission to understand the housing needs of each area of Brooklyn
Center.
6. Develop and recommend standards for occupancy and maintenance of
housing for the community.
7. Study the feasibility of establishing an occupancy permit program in
conjunction with a housing maintenance code in Brooklyn Center.
8. Investigate new and innovative concepts in housing for the community.
9. Develop and recommend programs which will provide quality housing
for low and moderate income citizens.
10. Develop and recommend a rehabilitation program as needed for existing
housing in Brooklyn Center, especially for major maintenance and
energy modernization projects.
11. Understand the financial resources available to the citizens in Brooklyn
Center as it relates to housing.
12. Investigate all housing programs in terms of life safety.
'13. Provide education seminars for the citizens of Brooklyn Center in
matters of housing.
14. Serve as the initial review and advisory body for the Board of Appeals
regarding contested compliance orders pursuant to the Housing
Maintenance and Occupancy Ordinance, Sections 12 -1202 and 12 -1203.
-2-
I
15. Assist the Planning Commission in reviewing and discussing a
• redevelopment policy for the City of Brooklyn Center, and make
recommendations to the City Council with regard to redevelopment in
the City.
Subdivision 5. COMPOSITION: The Commission shall be composed of a
Chairperson and eight (8) members, all of whom shall be appointed and serve as
set forth in Subdivision 6.
Subdivision 6. MEMBERS METHOD OF SELECTION —TERM OF
OFFICE — REMOVAL:
Chairperson: The Chairperson shall be elected by majority vote of the Housing
Commission membership. The election shall be conducted at the Housing
Commission's first regular meeting of the calendar year, or, in the case of a
vacancy, within two regularly scheduled Housing Commission meetings from the
time a vacancy of the chair occurs. The Chairperson may be removed by majority
vote of the Housing Commission membership. The Chairperson shall assure
fulfillment of the following responsibilities in addition to those otherwise described
herein:
1. Preside ver meetings eetmgs of the Commission;
2. Appear or appoint a representative to appear, as necessary, before City
advisory commissions and the City Council to present the viewpoint of
the Commission in matters pertaining to housing, as it relates to
business under consideration by said commissions or City Council;
3. Review all official minutes of the City Council and other advisory
commissions for the purpose of informing the Housing Commission of
matters-relevant to housing;
4. Provide liaison with other governmental and voluntary organizations on
matters relevant to housing.
Vice Chairperson: A Vice Chairperson shall be appointed annually by the
Chairperson from the members of the Commission. The Vice Chairperson shall
perform such duties as may be assigned by the Chairperson and shall assume the
responsibilities of the chair in the absence of the Chairperson.
Members' Term of Office: Members of the Commission shall be appointed by the
Mayor with majority consent of the Council. The terms of office shall be staggered
three -year terms, except that any person appointed to fill a vacancy occurring prior
• to the expiration of the term for which his or her predecessor was appointed shall
-3-
L
be appointed only for the remainder of such term. Upon expiration of his or her
term of office, a member shall continue to serve until his or her successor is
appointed and shall have qualified. Terms of office for members of the
Commission shall expire on December 31 of respective calendar years.
In the event an appointed Commissioner suffers from an extended illness,
disability, or other activity preventing proper fulfillment of duties, responsibilities,
rules and regulations of the Commission, the Commissioner may be temporarily
replaced during the temporary leave by an interim Commissioner appointed by the
Mayor with majority consent of the City Council.
Qualifications for Membership: Members of the Commission shall be residents of
the City of Brooklyn Center while serving on the Commission, shall have been
residents of said City for at least one year prior to their appointment, and shall
represent a broad range of interest in the housing function.
Representation Requirements: Due regard shall be given by the Mayor and City
Council in appointing Commission members which will take into consideration
geographical distribution within the City, as described in Subdivision 11, and the
representative nature of the Commission in terms of gender, religion, ethnic, racial,
age, handicapped, employee, and employer groups.
Conflict of Interest: No Commissioner shall take part in the consideration of any
matter wherein he or she is the applicant, petitioner, or appellant, nor in the
consideration of any application, petition, or appeal wherein his or her interest
might reasonably be expected to affect his or her impartiality.
Initial Anpointment: The Commission under this resolution shall become effective
September 1, 1973, and shall consist of three members appointed for a term
through December 1974, three members appointed for a term through December
1975, and three members appointed for a term through December 1976.
Resignations — Removal from Office— Vacancies: Commissioners may resign
voluntarily or may be removed from office by the Mayor with consent by majority
vote of the City Council. Three consecutive unexcused absences from the duly
called Commission meetings or unexcused absences from a majority of duly called
Commission meetings within one calendar year shall constitute automatic
resignation from office. The City Council liaison shall inform the Mayor and City
Council of such automatic resignations. Vacancies in the Commission shall be
filled by Mayoral appointment with majority consent of the City Council. The
procedure for filling Commission vacancies is as follows:
1. Notices of vacancies shall be posted for 30 days before any official City
. Council action is taken;
-4-
• 2. Vacancies shall be announced in the City's official newspaper;
3. Notices of vacancies shall be sent to all members of standing advisory
commissions;
4. Applications for Commission membership must be obtained in the City
Clerk's office and must be submitted in writing to the City Clerk;
5. The City Clerk shall forward copies of the applications to the Mayor
and City Council;
6. The Mayor shall identify and include the nominee's application form in
the City Council agenda materials for the City Council meeting at which
the nominee is presented;
7. The City Council, by majority vote, may approve an appointment at the
City Council meeting at which the nominee is presented.
Compensation: Commissioners shall serve without compensation.
Subdivision 7. RULES AND PROCEDURES: The Commission shall adopt such
rules and procedures not inconsistent with these provisions as may be necessary for
• the proper execution and conduct of business.
Subdivision 8. MEETINGS: The initial meeting of the Commission shall be
convened at the call of the Chairperson during October 1973. Thereafter, regular
meetings shall be held with date and time to be determined by the Commission.
Special meetings may be called by the Chairperson.
Subdivision 9. STAFF: The City Manager shall assign one member of the
administrative staff to serve as staff to the Commission. The staff member assigned
shall perform such clerical and research duties on behalf of the commission as may
be assigned by the Chairperson or the City Manager.
Subdivision 10. EX OFFICIO MEMBERS: The Mayor or his or her
Councilperson- appointee shall serve as an ex officio member of the Commission,
privileged to speak on any matter but without a vote, and shall provide a liaison
between the Commission and the City Council.
•
-5-
Subdivision 11. NEIGHBORHOODS:
Nei
g. borh oocls Described:
Southeast Neighborhood: The Southeast neighborhood shall be bordered on the
south by the south city limits; on the east by the Mississippi River; on the north by
FAI -94; and on the west by Shingle Creek.
Northeast Neighborhood: The Northeast neighborhood shall be bordered on the
south by FAI -94; on the east by the Mississippi River; on the north by the north
city limits; and on the west by Shingle Creek.
Northwest Neighborhood: The Northwest neighborhood shall be bordered on the
south by FAI -94; on the east by Shingle Creek; on the north by the north city
limits; and on the west by the west city limits.
West Central Neighborhood: The West Central neighborhood shall be bordered
on the south by County Road 10; on the east by Brooklyn Boulevard; on the north
by FAI -94; and on the west by the west city limits.
Central Neighborhood: The Central neighborhood shall be bordered on the south
by County Road 10; on the east by Shingle Creek; on the north by FAI -94; and on
the west by Brooklyn Boulevard.
Southwest Neighborhood: The Southwest neighborhood shall be bordered on the
south by the south city limits; on the east by Shingle Creek; on the north by County
Road 10; and on the west by the west city limits.
Neighborhood Advisory Committees: Commissioners shall be assigned by the
Chairperson as liaison to neighborhood advisory__ committees of the Planning
Commission. It will then be a responsibility of each neighborhood advisory
committee of the Planning Commission to review housing matters and present the
neighborhood attitudes and opinions on general and specific housing programs
directly affecting that neighborhood.
•
-6-
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.�
City Council Agenda Item No. 9c
MEMORANDUM
June 29, 2000
TO: Michael McCauley, City Manager
FROM: Code Enforcement Team
SUBJECT: Update on Code Enforcement Activities
Seasonal Sweep
The seasonal code enforcement sweep continues to progress ahead of schedule. Inspectors are
focused primarily on reinspecting properties that were issued letters for violations. Since May 8,
921 correction letters have been sent to property owners. This number includes complaint and
sweep related orders. The following is a current breakdown of the orders:
Violation Number of Orderl
garbage storagelremoval 28
• screening of dumpsters (commercial) 1
abandoned vehicles 2
parts/engines and related items 15
accumulation of rubbish/brush/debris 213
accumulation of junk/furniture/appliances 112
storage of commercial vehicles 22
illegal parking/storage of vehicles 194
unlicensed/inoperable vehicles 213
yard maintenance (seed & sod) 114
proper addressing 72
public nuisance 3
limitations on animals 1
fences 19
accessory buildings 185
I
Violation Number of Orders
windows/doors/screens 41
stairs/porches/decks 17
electrical hazards 5
driving/parking area repairs 4
foundations/exterior walls/roofs 163
miscellaneous 16
Total number of Violations 1,440
Thank you/compliance letters have been sent to 613 property owners, up from 291 last month.
Second/non- compliance letters have been sent to 236 property owners who have failed to comply
with orders. Formal complaints have been issued to 17 property owners. The remaining 58
properties have not been reinspected because compliance deadlines have not passed.
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
5912 Camden Ave. N. needs weeds removed and grass orders being sent this week;
cut; debris scattered in back and city prosecutor will be
front yards copied
5302 Emerson Ave. N. needs weeds removed and grass orders being sent this week;
cut city prosecutor will be
copied
5130 Howe Ln. fire damaged home demo and cleanup have been
completed; rehab started
4726 Lakeview Ave. N. fire damaged home sending final letter to owner
that legal action will be
taken
5427 Knox Ave. N. house had burned down and was lot has been sold to builder;
removed; property was littered awaiting permit to build
with junk and debris
7231 Knox Ave. N. garbage house; unfit for new owner has taken
habitation possession
•
Address Issues) Status
5525 Morgan Ave. N. water and mold damage; unfit for mortgage company
habitation accepting bids for
demolition
6842 West River Road miscellaneous chronic problems currently in compliance
3506 53rd Ave. N. abandoned by owner; unfit for First Preston corrected
habitation problems
Personnel
The neighborhood liaison/CSO, Community Development intern, part-time CSOs and cadets have
been conducting sweep activities for approximately nine weeks. The data entry clerk has been
entering data and producing letters.
Brooklyn Center Cares
Inspectors continue to refer elderly and disabled residents with violations to Brooklyn Center
Cares. CEAP has completed three home and garage exterior painting projects. HOME has
coordinated two similar projects. Two residents were referred to Paint- A -Thon. HOME is
assisting one resident with a fence repair project and another with driveway repair work.. Three
residents who do not qualify for CEAP or HOME assistance have been referred to the Northwest
• Housing Resource Center. Six residents have declined assistance.
Attachment
cc: Joel Downer
Brad Hoffman
•
•
City Council Agenda Item No. 9d
S
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 Jwt&*rn�
DATE: July 6, 2000
SUBJECT: An Ordinance Amending Chapter 7 of the City Ordinances Regarding Refuse Containers
Chapter 7 of the City Ordinances regulates health, garbage, and sanitation. Section 7 -102 defines the type
and size container to be used for the safe and sanitary storage of garbage and refuse accumulated on the
premises between disposal or collection. Most of the residential garbage haulers now utilize the automated
collection vehicles and provide roll -cart containers to their customers. The roll -cart containers vary in
capacity, with a maximum capacity of 95 gallons. The proposed ordinance amendment updates the language
to include the 95 gallon roll -cart container as a sufficient container for the storage of garbage and refuse.
•
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 10th day of August, 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 7 of the City Ordinances Regarding
Refuse Containers.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES
REGARDING REFUSE CONTAINERS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 7 of the City Ordinances of the City of Brooklyn Center is
hereby amended as follows:
Section 7 -102. REFUSE STORAGE AND DISPOSAL.
Subdivision 1. Containers Required. The owner of any premises, and any other
person having refuse as herein defined, must provide and keep on such premises sufficient
containers for the storage of refuse accumulated on the premises between disposal or collection.
Each container must be watertight, must have a tight fitting lid, must be impervious to insects,
rodents, vermin, and absorption of moisture and may not exceed 30 gallons in t rAess
iz�-d in v. ' ' by the he4th autherity capacity or 95 gallons in
capacit in the case o roll -cart automated contai or have ragged or sharp edges or anv other
defect liable to hamper the person collectinv the contents thereof.
All refuse on any premises must be stored in required containers unless it is
immediately consumed or disposed of on the premises in an approved incinerator.
All commercial, business, industrial, or other such establishments having a refuse
volume in excess of two cubic yards per week, and all six - family and larger dwellings, must
provide approved bulk or box type refuse storage containers or approved equivalent. The
containers must be located so as to be accessible to collection equipment and so as not to require
an intermediate transfer.
ORDINANCE NO.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 2000.
Mayor
ATTEST:
City Clerk
Date of Publication
• Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
City Council Agenda Item No. 9e
• 2000 City Council Goals
(Goals are not in any order ofpriority)
Goal No. 1: Support Brookdale Redevelopment By:
• use of tax increment assistance
• review and evaluation of land use applications
• prompt construction and plan review /inspection
• monitoring developer performance
STATUS: Development Agreement signed with Talisman Brookdale, L.L.C.
- Applebee's re- located and open
- GAP plans approved and building permit issued
- several stores re- located in mall to prepare for NW demolition
- Contempo Casuals and Vision World completed
Goal No. 2: Continue and Improve Code Enforcement and Compliance Activities By:
• coordinated effort of police and community development departments
• focus on high - density areas while continuing neighborhood enforcement
• continue to evaluate additional approaches to achieving improved
compliance
STATUS. new computer system installed for tracking compliance
is - interdepartmental team formed
- sweep of entire City completed ahead of schedule
- re- inspections taking place
- CDBG monies re- allocated to provide greater level of assistance to
persons in maintaining and repairing homes through a joint effort of
CEAP and HOME; Brooklyn Center Cares program providing some
assistance using these resources and other volunteers.
Goal No. 3: Increase Proactivity Towards Fighting Crime By:
• increased visibility of police in neighborhoods
• continue and expand participation rate in neighborhood watch program
• include policy safety information in all City newsletters
STATUS: information included in every City Watch; continued police work on
visibility and continued high neighborhood watch participation
•
Goal No. 4: Support and Encourage Northeast Corner of 69th Avenue and Brooklyn
• Boulevard Redevelopment By:
• supporting and exploring responsible and credibly financed development
proposals
• ensuring that plans support the long -term goals of the City's
Comprehensive Plan
STATUS: Requests for Proposals solicited, one proposal for mixed use: senior
housing over commercial received and being reviewed by staff for presentation to
City Council
Goal No. 5: Continue Planning for Community Center and City Hall Work By:
• developing actual designs and cost estimates for project and improvements
STATUS. reviewed concept estimates and feasibility to test cost estimates and
suitability; remodeling selected as only viable option; requests for proposals from
architects due July 14th
Goal No. 6: Continue and Improve Long -Term Financial Planning By:
• continue five -year planning for utilities and capital improvements
• continue /expand five -year planning for other funds
• review and develop contingency planning
• • move toward development of 2 -3 year budget projections for the City
STATUS. planned as part of budget process this summer and fall
Goal No. 7: Support and Promote Major Road and Street Improvement Projects:
• start Brooklyn Boulevard with the County in the year 2000 (completion in
the year 2001)
• Highway 100:
- continue support/participation in North Metro Mayors Highway 100
Council
- keep project schedule with Mn/DOT
- support Highway 694 widening project, with improved sound walls,
by Mn/DOT
- support other arterial enhancements as opportunities arise
STATUS: continued participation in North Metro Highway 100 Council; City
participated Robbinsdale on engineering study, final design approval will be
presented to City Council at July 24th meeting due to MnDOT deadline of July
25th for final design approval; MnDOT announced full funding for Stage IV and
Stage V, with Stage V moved to 2003 construction;
• - staff continues to work with Hennepin County on Brooklyn Blvd., including
review of options to ameliorate impacts on and lessen costs to acquire car dealers
• Goal No. 8: Plan for Destination Parks By:
• develop plan for destination park improvements in Capital Improvement
Plan
STATUS: draft plan approved by Park & Recreation Commission and public input
being sought in upcoming City Watch newsletter before refining concepts and
options for Council review with Capital Improvement Plan
Goal No. 9: Support and Expand Joslyn Site Development By:
• working with developer to complete phase II and III
STATUS: grant application for Phases II has been approved & potential for a
Phase III has been developed as a potential undertaking dependent on future
proposals ; developer is having difficulty overcoming land write -down occurring
in Brooklyn Park and Champlin which have reduced costs below bare land costs
- acquisition of Dale Tile proposed to facilitate full development of Joslyn site.
Goal No. 10: Continue to Improve Traffic Safety Focusing on Traffic Calming By:
• continuing enforcement efforts through multiple resources
• continuing and expanding information to the public on traffic safety and
calming efforts
STATUS: police continue targeted enforcement, we are exploring purchasing a
new traffic counting smart trailer; information planned for inclusion in
newsletters; safety camp again this summer; installation of new crosswalk signs
in chartreuse color; public works evaluates projects for ways to achieve this goal
Goal No. 11: Special Visioning Project to Create a Redevelopment Strategy Based on the
City's Vision for the Future; and, Developing Opportunities to Promote
Inclusion of ALL Residents in Brooklyn Center's Community Life By:
• establishing 2 to 4 work sessions and retreats to be conducted during the
period of January - March, 2000, to set direction and develop outlines for
accomplishing goals
STATUS. this project has been not yet started due to Brookdale and other projects
that have required council and staff focus and time
Note: Orphanage proposal has consumed a great deal of staff time and focus.