Loading...
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 I • 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. • 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 J gg 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. ti • f 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 Y P Y g q g 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 f Page 3 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. i 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 O ♦ k t � f n ~*' �� ° ,s' *. mew., `te '� % a 1� •'a � Y �`, }•J�� n' .J`' \ ', . \ l ' r ,,p�� t � �, _ 1 � �, ljia, S 'pi `n' \�`�{ n d 9 i b ` < / • '. p � b '! \ � \` °,. 6 � �� `° � "'a,a ti' a4� b ti,�"� \,_ -ZS(} • \ }✓ } T Ql�i `/\fir t� �\ i `r� • ti / fit } " „ ,p ' \ / 40 � f Under a s �� \ � rr ,+� Cry P fr � ..._ �-► �'���, t • ,�t �' : `�i, i � '`�° �'� .", bC} � * t"� L� � � # ww- �• spy �, .. r* , t o �•"- ", e3'1 !fit 7Cyw"IM'"'4'w�• •` €�`',� .ehi, - 6 ,f +• c SAN* -+ n 1 �c ,fit • ww ,'+yam...: i�.,- � �• ^' `' � Vi a'- .� � �"•` � - u . r 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 I t . 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. • • 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 • 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 • di S bind af' -I a�2✓1 f Wi =I - �I �kT?(T�i -E s i t � =Z `�� /r ✓I !r r*. raw °OrTr} 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 • • 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. • 6/26/00 -1- DRAFT 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. • 6/26/00 -2- DRAFT • 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 • 6/26/00 -3- DRAFT . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION 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. • 06/26/00 -1- DRAFT 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. • 06/26/00 -2- DRAFT 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 • 06/26/00 -3- DRAFT 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/ _ _ • 26/00 4 DRAFT • 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. is 06/26/00 -5- DRAFT 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 06/26/00 -6- DRAFT 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 • 06/26/00 -7- DRAFT 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: 06/26/00 -8- DRAFT 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 • 06/26/00 -9- DRAFT 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, d . � 4 _r 1� 't� i l� y ',� i k •`..� � 37S .Y`Z C 2; -.c ['_1�4.:1�r K It 1 I l�jt AJIFF AWN NIB& fill fill IN loom �IIII��►� -: r 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. • — XERXES A V84Ug f fOg n< Tff PXIa ACCIaMrI 9M wR Isr6xs AMD swans r , ro swwE4 rvAx AcQS9nC p6, a aua Mt"rxawo w-r - i Ww ACI'L919E Sall l J► WPIOFY:^pfAR D:a�&(L .' .�•.^^�Astp 2�r •�u • • d2Y---'—.� MYIw AMwG P6Xt XCT KProPC W4� � X12 CMG •..-� } F.YmYYpoaA,b6rrMwtl 56190 21 1 PkwYi6w00N9 F�:OG.66n0/41 i awuuR +/ I I b t PAwr-� /-6Xws/� �^�Y;.�`�.Yaw�..�«e•... siIIP I I r nA axaaR 9mnsw ` I _ � Xis mxG eunws _--_,.___ Ar-o- •°wow''".. ' " sr b II PROVIDE ONE SIGN PER HANDICAP STALL Project: HANDICAP SIGN _ I .� �%rP I Iwt ro swt j Y/ WT XaM IXM o+Ta CASs 0wE i/2' w0 9Ja,AVT I I— A — b b 1Y-1)A2•`` MIT- )/AT• ® •"'1 g - '- - - 9 06 B SIDEWALK CURB EDGE Q _ I i "°' IQ Z — xr-r I �n SIDEWALK I -Xnl�z CPK Yq-P b SiRP Y�1 —�MrX ' r vAY �,z sr-P vaourPa bf O 9 � W r �COCOC I � uRA lY I I 6 9 �a °'� x � I 1wwN ra _ I Revisions: 911PE 1:w y �l/TpYYA%Fpa�F1flID Ai y -P YFE15 PMEiIMMITP O wY-P '- R%AND SUR%APF A PA%R !IqR: MMP 1fYlUlaXC 6 ro H 00[Ww%x 21PNIX0 YETK Cw0 PUfID I b SaAP AwT \ Uw IdO+ID faM YCT ManC1E ro IFAN:A oYYCrw PAi1FM IY1'0®. _— 2�•-P M { /SaP M oaaa AM APPSam 61ww£R%wla I se aR� A � �---�-I ..-- �s� w � SITE AREA: 99.979 sq.ft. Certification: 77.071 s ft. � HANDICAP CURB CUT "ro`P — — � — IAAPRENIOUS AREA: q• xor BUILDING ARE A. 90.670 sq.ft. �-- t f ARfBPC CALCULATIONS sew%• Z P y BUILDING AREA PARKING STALL DrdWing: att siArwiu�" CLASSIFICATION CRITERIA ���IS 11/FIRST ADDITION S.F. LAN I RETAIL 5.5/EACH ADDITION 1,000 S.F. 114 — — — _- 114 PRELIMINARY L — _ — — —. - TOTAL STALLS REQUIRED NOT FOR CONSTRUCTION lll•••JJJaaa"' PARKING STALLS PROVIDED 115 �,._�_�•.t±.o•,<t�-- 4 _P Slte lflia �p,� ADA ACCESSIBLE SPACES REQUIRED Sheet No: ADA ACCESSIBLE SPACES PROVIDED 4 I(1 HANDICAPPED RAMP/PARKING LAYOUT zo'-o —-- U 9CAIE T•v F - ADA VAN ACCESSIBLE SPACES PROVIDED — —I SITE DETAILS YOT ro xAi.e xlYZ r.sa-o• __— - -- >•. A a - f , - 'i o W V S CALE _ - - -- i i SCALE IN FEET W z LLJ CD sr, NDAROI�- i �aSU.B •,.,�_T �, -' o'°_ tr'- ,- :- .� , . �.. "i.;, P., 3.:� A1 � W W "AS0.80 FL - El CB - CB 4 - OP ' - - Toc ssasa Ta' h 4 I v eazv 2 •y v. aaa 33 _I _. >, i. 1 , _ I I U ! �, � -� � I roy,� Ps'I e° 0°''`� _ '°� . -._ _ _ '-___a. ...___. �. f- '° ..''• ,i I � I Q � - -_ __ .._ l j L -_.�, �'�- _ �_ -., I �__� �' -: E•- $ . 851.3s 1 g e° `abnsTRUCngN uNns I(.' I SURVEY WAS PREPARED BY LOTS W1— A 'P onaRWTSE. 116 fa _ 1 !' MATCH EdSTING ELEVATIONS AT SILT FENCE UNITS UNLESS SHOWN % !U CCNTRAGTOR(5) NUST FIELD VERIFY LOCATION AND ELEVATION OF ALL W § E%ISnNG VRUtES MHETHEP, SING M ON THE DR—NG OR NOT p LOCATIONS NUST BE ESTABLISHED WINEOI41ELr PRIOR TO ^orc CONSTRUCTION. I STATE LAW: 48 HWRS BEFORE E%CAVATNC OR DEN —ING a w BUILDINGS, CALL (651) 451 -0002 FOR FIELD LOCATION OF �F F.E. - -. - / �1° �f' (�. S ! uw —.OVND —TY LINES (Tnl :.... Romeo .urtr o.ow INm L^ " - � - "_•.,iia� 85't : 5 � � e`T i! �� evL RoL wNRSa INe >) 'aNw REFER TO RECOMNENDATIONS IN THE iEOTECHNICAL REPORT FOR ANY XX __ _ ,I r / - `.••\ �,\ i t i I j ADOInONA. SITE PREPARATION INF —TION OR REWIRENENTS. SLOAL NOT HANDICAP ��. /l E %GEED M][R�W ALL dREC ONSR S TO AND U<TON (SEEOETAg SHEET PRO— SILT FENCE PRIOR TO C TOC gas. TO MV. 84721 >ROVIDE FILTER FABRIC COVER OVER ALL SEWri GRATES INNEOIATELY y _- I � "'I • - I - � �,& ��� /'% ,% � AFTER INStAL.ATON OF S1INCTURE. 3 w CONTRACTOR SNALL OESNYIATE ONE ENTRANCE AS A CONSTPUCTION .. __ _ —i \\ r _ - ;• E TO �/ I �l ! NTR ANCE AND CONTRACTOR S T PISTRUCA p TRAFFIC Cd ENTRANCE CCHT TRAF NS THIS m ,f RA TRIC T H L t NSTAL1 A TRAF 15RUCTI0N n R 81 /'r ENTRANCE (SEE OETNL SHEET C -3) WHERE PAVEMENT ENDS u T 1 Sr� 3 , f / CONTRACTOR IS RESPpiSgtE FOR S JF WFEPMG ROAD FREE SOIL DEPORTED, BY CONSTRUCTION TRAFFIC ON A DAILY BASIS ALL STORM SERER CATCH BASINS SHALL BE CONSTRUCTED YIN A =' f / / SUMP (SEE DETAIL SHEET C -Sj i "' " •� � esD.TO n ,� 1. aae so il / � -,��'• � / "� 85 2 050 C �°. LEGEND of Z u� of c y 0A / SILT FENCE LIMITS PROPERTY LINE EXISTING CONTOURS _ PROPOSED CONTOURS i 'K TOO 848.28 B�Tr - dr-- B �� ;' rn ,/ D El,r, M 846.59 ° TA' '<� %'i 8 EXISTING ELEVATIONS x % 850 PROPOSED ELEVATIONS TOC - 849.10 TOP OF CASTING OF STRUCTURE b' 3 '_„ / INV a 845.19 INVERT OF STRUCTURE 2 '' w;' �.�'u ,'/ ❑CBI PROPOSED CATCH BASIN No. I (ETC) PROPOSED CONCRETE 6 y.0 " N�CRA�g�NO BY.. D2HE7 pg � -' - ' fire /00 E "rya l i ..w. 849 `��"= - >::. I v 2aP'�s-:' / - •, w / Ins NO �'_- _.__'�_ - c f1j3,1 .. cs.l_ r cr'r,• ,.�' -ti GRADING SHEE 0 X^:-'.oy -- �- -- I I' ,r. n"• 5 2 ", � Y°;,'e, ".i';_ I I 'rZ G w :,._,.• — i S CALE IN FEET CL G 20 40 ct W W I W� TOC ioD ..... BH 33 II I z GS I » q I I r> » gdxsmucnaN SURAT WAS PREPARED BY 1Y MATCH EX STING EIEVATIONS FENCE LIMITS UNLESS SHOWN CONTRACTOR(5) MUST FIELD VERIFY LOCATION AND ELEVATION OF ALL of F ...... f f ' K ,;( EXISTING UT MUST WHETHER SHOWN ON THE 1—Hr OR NOT. - gr,z VIII 9 AND VALVE — I BE ESTABLISHED INLIEOIATELY CONS TRUCTION ST PRIOR TO ¢ a 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 1 wm � REMOVE SECTION OF PIPE IF NECES.ARY TO MAINTAIN 8 W .I z — w� T R A 0_ CLEARANCE FROM WA E M IN. i - C7 N Z 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 A ^� I s 's• '� v i p Le 6 /y -'-"" -' "' ' " -'- "" EXISTING SANITARY SEWER 1noc 3 PROPOSED STORM SEWER p M S \ T.-S N EXISTING STORM SEWER x.» PROPOSED WATERMAIN \\ .' fl- �, -.. - �-.:��, � f..• 3� _ _v „ __._'.._. _ -. - AIN w.. 000:0 • I BAN Mn . - I EXISTING WATERM .. - th. tuni3O�� -, TOO B4B.M 'C o.H 6 /5 /00 _,•- -' _ / B7 C ATCH BASIN N (ETC C (, � PROPOSED r, o. 'A TOC 84910 TOP OF CASTIN OF STR INV 845 INVERT OF STRUCTURE EXISTING CATCH BASIN l ' ! EXISTING MANHOLE JH.I nD T U7Ili IES SHEE R z , r a FA t „ 1: . � I GnNn LN4N MWN•M ►w 5"3 W ' NYm:••p•II•. NYm•aN 5313 (P"¢58o0448 icB1II.4eaw ,, X Projec t: T TRASH ENCLOSURE PLAN xorro �--- -- [71 t=mq�12L , T - / jp$ �g � IL vj i e x 10 � 1 VV 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 n.. naz aA•pxw $ b b b — — — — — — — — --- — — — ' — — — — r ' �•n Is N e aAp w x I w� v • o — /�— 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 ___ -._ ------- LL CIRCLE TORO 570 SERIES 15' RADIUS RADIUS �s I I QUARTER C C RCLE .. 1s ,v'15w:s" Is 1 1s t o-- n- „_ ^... s,�.¢ +a:,., SERIES t5 S RA DIUS d' Z 1$ ' p.:.. '. .. ... i'., I 1 570 SERIES ES f 5 4A W FU S 3 5 5 Q D - e LL CIRCLE TORO 570 SERIES 8' W I' { ) 15 _ l y 3 _ 1 HALF CIRCLE TORO 570 SERIES 8' PAOIUS z s I 1! Z g 15 ii i I s (3 QUARTER CIRCLE TORO 570 SERIES 8' RADIUS Z Z J , FULL CIRCLE TORO 570 SERIES 5' RADIUS Y HALF CIRCLE TOR 5,0 SERIES 5 R ADIUS I W C 0 R N G - { s (3 QUARTER CIRCLE TORO 570 SERIES 5' RADIUS Q m p l f - - - � I _ s - I Q i "ELECTRIC FLOW CONTROL VALVE li smucnav uMlTS (�` 2 'ELECTRIC FLOW CONTROL VALVE 9 CASING e j s- 5 1 I ;�� ZONE 2 0 1 1 (DV-- INDICATOR s s F.F.E. 1 Is �+ 1� i VALVE SIZE '3 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. �.: --- .�- .__-_- t cc bpi % " — _--- -_ ___._ —�.. . _... -__. :N'.., y_ •,off _'"� . -" ! --- -- '" -- -' � ^" — - .•, ,•••�•,�• OT EF R Y 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). ' | --~----- ' -- ----------- ------' ---- | � --- � T I AL LEASED CfFICE SPACE ENGINEERINGI W. cj ^�"�° ��___ =��="=`� ---. � � | - � r ------ __� -- -----' --- ' | � | -- --___- --- lu frl AL W. LEASED SPACE — Certification | � / � I I N o=°m PLAN PRELIMINARY NOT FOR CONSTRU Sheet No .~~�' ` `»' El (FIR5TrLOORpL^w 0.r Lw M P.A urt taut P-m� F-G. mtmmrnyrwa "..mow 77 NORTH BUILDING ELEVATION Projec t: 1 0 at MUM* am mi SOUTH ENJILDINdl ELEVATION Revisions: 'm Aad Certification: EAST BUILDING ELEVATION Drawing: BUILDING ELEVATOONS PRELIMINARY NOT FOR CONSTRUCTION n*i Sheet No: POST BUILDING ELON Q I — d sEe wRwl¢rnw.� Puns PDR DlwExsox � � - --- _. / I /:• E, ae, °t uw • E Ps exED P ., b . 0 / / nww sus tz- sratES d Z .. ,• �� I PER e<lE) coPao°uw JOIM .'• I ` I' f ' a�mm�.m 9 w rnlw[ w"rED saE roRUx -oPr m+w a+�AS � vRE PI%xc � a. (Y ' NTAO� c.'cx LJ N PER x CD H c ° ore amm � uP V W d LM Z D sPlpw I I ?- oissPxm�'v DID' I/{ Ewf STRAW BALE BARRIER STRAW BALES ® CB /MH'S W 0 - Y e NTS NS d N m 11 R Q t � sea bJ L� I�Mp -7T—FL - -_ � li Ppwl waM Seel! Net Auee 8 Pt wwnv 3 D,Iwvuy ie &Oils Oeune CvnnPte P.- w' uiep J Gufbr To & Peree 1"e wpb DAV P-t CONCRETE DRIVEWAY TS APRON sz gI uw..`w°fw"pnwntl ° .. .o�R {o � the Miwt cvsunp b I /:' plew 1mi%nee p,aee e ' � I(rOWY%WER �' 3' Aeiwtm9 nnpa w /evYn.E (wln 3, aez {) Uu D i3 xvOMwi IANIXFP w1aES IL 0 3 w 1 a,4 4elween •%cu eneN eew z � � : 3`o-' fin9 ruebe, z u�sns Tut vu+ER _� ` _ •� c cot. vaw Re.a.m aw e Lw o. wwe .° 4 . nx.sn . nuw w Mw -.ue• mu.w w. � § W�.iSiE DPFIRxa !n r L: m C>bT CONORfif 9E W W u°e�ew,e.e sal O �a au`w„ 3 °N°zF 1rvpR"'^ OK I.- STORM SEWER MANHOLE i%tED x�iH RD NTS HYDRANT AND GATE VALVE INSTALLATION NTS 00010 °W 6/6/40 e.wu. O S ene JlAJ L IEN 3 DETAIL SHEET" a e o #..... ci`e v - OiNERwSE - HENi ( CASiING�'�1 �. NEFNUI R -b6) uNlEaa NO,EO � �� 5 � I _ b• RMDwnY I J/ /� uw OE 2. w.% !, a• MJUStttIG RIrv65 r �t /3•P SuRFKE� / / µ� O O /2•R J /!' PFR fi_ '� x m . -- COVER�WIa1 0 R1INC II d Ll.) .. n r _� ,� REFER TO PLANS FOR „EGHT ° 4 a E Ca,CREiE ® DOw mR SIOE , ti7 1— I z� PIPF cNW- TO BE :r LJ 10• CDItvM.1E0 INVFRr GEpUN1ED E RISE (1001 CRUSHED) w 27 usE 1 -5 /SR Fat H a a• � � �� J I' Y. L,J O PERSPECTIVE 1 - 1 O •. xuPen,EO SUOGRADE N � s• I w. ,e• I w- :.• I u wR. b Tn�c - -_ Z m k PRECAS, Ca,cREIE &SE --- ' $ cu ms Fr. cu.O �rvcaiwc n I _ ms RE,E n. CONCRETE PAVEMENT Q ! ER w cu ro ER cum aR fN w cu CATCH BASIN (STRUCTURE) NTS L� a>-JreF1 -1'S ea,:l Owz le., a I , a Ra. o.ads - b e 6J - ,r..aezl o.Oa! ae lee B aosez 1 n. Ba:l, O.obao ,as I e 5- s/e6s -vz ee,zl o.Ossa eau`omsa ra 1Ba,e T I sa Beu onna I ,za 1 °° ID'a- J(ehT -s /e enl9 ooseo n.o la,o+e oabvv I u.a 'elo:d oaeos ,z! I ao� DESIGN B CONC. CURB & GUTTER DETAILS VARIES ;p ' �5" MnDOT 2527 3� �j �sN i<U� rl r 1 0 6' - _ , I /I• - TmE !, wF1N COUPSE unaw SPEC. /aJ], / •. • \ ¢ s ° �I i B.�sE cwREE, re�ooT vEC /nn 6' GRANULAR MAtERIAL Tm$E I e _ - cuss s .ccREm,TE f,00x cnusRec Roa). uwor SaEC Jarx waw.cran aeauDE .^� °^ NEW PAVING SECTION CONCRETE SIDEWALK SECTION zF NTS 3 p mw•u (� NRB gnMP /// EDGE OF RAMV W Z o 3.Ow (mw.) / 10 8E RUSH YR1N SUPPORT I&i E' / BOTfOx OF CURB N VE,.IEHT GEO1FYnlE nLrzR W -D w nas�clPxes2) 0 7'� Z� L com— flu T<UPFO BKRFlLL ° 7 ac�w� +/r PNEFa+um _ SECTION L -L F ~w T, .S' voEwuR _ __ aocwnu - 11-1 I I - �. Q Q(� O -- �,� a• METHOD #1 METHOD #2 Q� (� METHCD "V V SECTION K -K QQ QU O K _ • �"�• L K m c.aM a�"ine v..ant,ml .r+l.m'aer m ,n. <W) a w.,oe. t w+ u ow . Q • < �mmum }' ov ��vxnt level au+,nal n 9 v, v °ib E /6(OC i O CaRSE RGWE�GerE � Q �' y � • tvY tn. pvuom b' v.dmentalinn :antral rvinx ante Ine ,rmcN "'"'�'� - I' 11,%M � °e aa� � Imev )• � •�} I � BacxlW Imwn .ttn nor�ve saR wmvaal SWEw.Wt • SOEWMx METHOD y2 �^ N GRAVEL CONST ENTRANCE L n. w,wm s• al :wm.Rtmmn aaroa rmRw na as Ia. nom..ae, ane ,a e.a mal ''f M Eex NTS I avnnm me arc a „ -J— b -o u no<wm aR n. rm,a< a..m.n ane ,amP +inn .un roR raa� m P...an, uaxaQa DE TA.t. 7HEE a s o•. 5 _ x:, w ,ems.. t ' HANDICAP RAMP TYPE EROSION CONTROL BARRIER DETAIL a NTS NTS 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 _ : `•i ��_ ' 11 111 � = � � �■ � �■ir� �■� z im o wl w _ e� �,• MI ` .. loss Bill fin S Q ter, ,�■ L� Rill i Y now 111 ■ r�� �. ������ 1111 � n [:.. oil ;�� ` m i i r . ,, F'ERRx At/FhN3E I O N� OW* _ �-- 0003F, , y , x se o : O f FE Vow. xrl �•� Imoni ftoithl Chdo Ueveloomertt Center � r . i e aak � A etlowahip D oars Com Cunity 9 NoNpws4f � 1 y` �wr i i' i , I . i STORAGE — i — ur d n C,1 Vil I I, j yr I. c 1; o l i fvr.NACE &RtkRo1K RRTH�.IDN { 01 yC[[r .I v l I i t i � 4 Ij ; - foDC�IE:, ,tyCf.-1 faESCKOC( -• ,�f{ri I } - I � II { KlrcH6N Torc AMA _ i i Op 00 V { t;j I � t I •�Cl =��cE 1 a ' t ta',c�tr i i I� ■ up up i I D SCALE: Vg� =l -0 - ,i �ian�ACf tLTihCtt+1 Kti 21TN 10 =5� to -Y� 7- i`K{u-Y` p cz."% ' O 1 $ KEY i ID i' I. d P. a'oPOSFr7 6ASF.14FNT FtAM I I. - I I 1; � i • ' UP up � FA ft LoT NO S u•_B: � < ;- ( _r..' i ' 1 r,rS�oF �uaYCizouND !�r/o.rr —# 0 1 � �I 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- i Q t i NO _ 'y 1 pmr,,m .� • 1 l MA mown Now Ow re am i �' • ...... �.�Y __ � III � � '•'•••••'•'•••••; � • -- .� 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.