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Home My WebLink About2000 09-25 CCP Regular Session CITY COUNCIL MEETING rustic corY • City of Brooklyn Center September 25, 2000 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report Marilyn Corcoran, HRG Administrator - Report on Hennepin County Grant to HRG for a Recycling Pilot Project 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. September 11, 2000 - Study Session 2. September 11, 2000 - Regular Session b. Licenses C. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees d. Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1999 -14, Contract 1999 -D, Earle Brown Drive Street Improvements • CITY COUNCIL AGENDA -2- September 25, 2000 e. Resolution Approving Final Plat, JOSLYN SECOND ADDITION f. Resolution Releasing Lot 3, Block 1, JOSLYN ADDITION, from a Utility Maintenance Agreement 7. Public Hearing a. An Ordinance Amending Ordinance No. 98 -03 Regarding Council Salaries for 2001 - 2002 and Accepting Recommendation of Financial Commission -This item was first read on August 24, 2000; published in the official newspaper on September 6, 2000; and is offered this evening for a second reading and public hearing. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. . 8. Planning Commission Items a. Planning Commission Application No. 2000 -021 Submitted by Ryan Companies US, Inc. requesting Site and Building Plan approval for a 110,700 sq. ft. industrial building at the northwest corner of Azelia and Lakebreeze Avenues North (4830 Azelia Avenue North). The Planning Commission recommended approval of this application at its September 14, 2000 meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 2000 -021 subject to the conditions recommended by the Planning Commission. b. An .Ordinance Amending Chapter 35 of the City Ordinances Regarding Building Setbacks Along Major Thoroughfares - Requested Council Action: - Motion to approve first reading of ordinance and set October 23, 2000, for second reading and public hearing. 9. Council Consideration Items a. Resolution Determining Negative Declaration of Need for Environmental Impact Statement for Improvement Project No. 2000 -16, Palmer Lake Ponds, and 2000 -17, Palmer Lake Trail - Requested Council Action: • - Motion to adopt resolution. • CITY COUNCIL AGENDA -3- September 25, 2000 b. Resolution Expressing Recognition and Appreciation of Ron Rauchel for His Years of Dedicated Public Service with Mn/DOT -Requested Council Action: - Motion to adopt resolution. 10. Adjournment • I q'. S MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT APPLICATION - YEAR 2000 Applicant Information: Municipality: HENNEPIN RECYCLING GROUP" Cities of Brooklyn Center, Crystal, New Hope Contact Person: Marilynn Corcoran, "HRG" Administrator 5200.85 Ave. North _ Brooklyn Park, MN 55443 Phone: 763 -493 -8006 FAX: 763- 560 -4459 E -Mail Marilv Brooklyn- o arkma Grant Request: $34,778 (55 %) IN-KIND Latching Funds: $28,521 (45%) TOTAL PROJECT COST: $63,299 Authorizing Sian ature: Name Anne Norris. "HRG Boa Chair & Crvstal Citv Manager Signature Project Ti e: SIMPLE E -SORT Recycling Project Description: Z. dniroduction: Simple one -sort, co- mingled, automated curbside collection of all acceptable residential recyclabies, using a cart equipped with wheels, handle, and hinged lid, collecting from three separate and demographically different neighborhood communities, one each in the cities of Crystal, Brooklyn Center and New Hope, each consisting of approximately 200 housing units, every other week same day as garbage, working collaboratively with the contractor WASTE }}�� MANAGEMENT. li. O .- • Introduce new collection method • Increase waste reduction. Increase participation. • Reduce collection costs. ZZZ. Detail • COLLECTION METHOD changes as proposed would be to a system that is fully automated by using a 64 gallon cart equipped with wheels and lid that would be lifted by mechanical arms and hydraulically dumped into a specially equipped truck and taken to a special sorting facility for processing. This system would allow the resident to place all recyclable cans, glass bottles, narrow neck plastic bottles and all mixed paper materials, co- mingled together, Iry to the cart for placement at the curb every other week, same day as their garbage is collected. The every other week pilot program would reduce the number of truck trips, cost of operation, fuel and wear and tear on street in half. The 64 gallon cart capacity would allow for program growth due to increased volume and possible additional materials. Wheels would address the often raised issue of convenience and ease of set out and the hinged lid would answer the often raised'Issue of wet materials and litter. 4 • WASTE REDUCTION would be the anticipated direct measurable result as this simple system evolves because it is user friendly and it encourages participation. INCREASED PARTICIPATION would be both realized and be measurable — because all residents could accomplish, with ease, both the accumulation and the set out of more recyclable materials. • REDUCED COLLECTION COSTS would be realized by going to the every other week system yet still being able to collect more recyclables with one -pass of the truck. One special truck would then be able to be utilized in other neighborhoods on the alternating week, decreasing the need for the capital investment in now unnecessary vehicles. f=uel consumption would reduce as would the wear on the vehicle and to the street, not to mention the positive to the driver that now must leave the truck at each stop and manually collect each set out. SPECIAL ISSUES: • Processing and Sorting: The materials collected from the pilot areas would all be taken to the Super Cycle facility in St. Paul to be sorted, volumes and contamination numbers documented and results recorded. • Reports and Documentation: it is recommended that there be, at a minimum, two reports generated for this project, one documenting the selected areas statistics prior to pilot implementation, and a summary conclusion report documenting the selected areas statistics during the six -month pilot project. • Public Education: There would be an aggressive effort made to inform and educate the residents of the selected pilot program areas prior to implementation, at delivery of the carts and throughout the project. This would include letters, cart.tags, cart labeling, collection calendar and respective city newsletters and issues. of language barriers would be identified and efforts made to address those special needs and other special needs. 1. Pilot Program Area Maps 2. Project Budget MUNICIPAL WASTE ABATEMENT INCENTIVE FUND GRANT BUDGET 2000 QTY. ( DESCRIPTION UNIT TOTAL I IN- GRANT I COST PR03ECT KIND REQUEST 1 650 64 GALLON $40.00 $26,000 $26,000 UNITS CAPACITY CART WITH WHEELS AND LID 2,600 CART $1.50 $3,900 3,990 lid LABELS /STICKERS (4 PER CART) 650 CART INFO. TAGS $1.00 $650 650 (Tied to cart at delivery) 650 I DELIVERY /PICKUP I $3.00 I $1,950 � � 1.950 200 MULTI- LINGUAL 1 $.3S $70 70 EDUCATION ` HANDOUT vT� 2000 PROGRAM $700 700 I EDUCATION - FLYER- 1 $.35 `' 650 ROUTE SCHEDULE ( $1.00 I $650 I I 650 � "' CALENDARS 1300 POSTAGE /DELIVERY 1 $46 1$858 1 I 858 ` 1 - HRG - I I I 1 PR03ECT $40.00 /HR $8320 $8,320 ADMINISTRATOR 1 (6 NO 0208HRS) 1 ADMINISTRATION $28.00 /HR $2,184 2 SUPPORT (6 NO 0 78 HR) - WASTE MGT ! 2 STATISTICAL $2,500 $5,000 5 REPORTS 1 -.SEPARATE' $60.00 /HR $8,640 8,640 COLLECTION USING SPECIAL EQUIPMENT (24 hrs /mo x 6 mo 144 hrs.) i Processing $62.35/ton $4,377 4 600 HH X 39# /mo x 6= 140,400# (70 ton) I 1 ! 1 1 TOTAL 1 1$63,299 1$28,5111$34,778 { I 45% 1 55% Ak ,■ �.,�.,L,.... ■Et 1�� t-7, �■ �rrai r� tom-01.ru. now ,.> Al qW ,r szr nL ' 4*11i 4.421D j In ML �� ■fie■■ i�.4�°trirk�� .: �_'�a�i�� a�o�e�� ,. � .�� ■ice iwe� .... ■fib rrw� ,.■ ■r,■ ..,.�� ,�,� ,pMr A► � � L W � � ■■ .■ ■t mm cc= � ■pis � _ .; �Bill rw �w ■� wall �1� - s.r- ��► / r mw , r s ■� �// jr piiiil► 74 u W ill IN —gift ■�L : Sw ;: ��: , ■ ,,� =iti Il11 #�iiiilt�i �: ,� ■ Al Bill! 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F . ` o am IM QiRrt� 6i� i�r�ii�+i i t liiill! ■� oil ,,,' a u m r� '`"_; . r v,C mr air ■i�iii! ,. .. � �pj� WAWA �. ■fir � .. .. 7 y 's ;. �� V iiiiII Z " MINIM /!i/ ■//1I /i�� ■iiiii■ .� ' _ W . !ice`.. ■i11 / AW ■ /iill .. ._.'_am #11, �<J � iiiill ��r ,rill R oom ■ City Council Agenda Item No. 6a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 11, 2000 CONFERENCE ROOM B CALL TO ORDER STUDY SESSION The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert Peppe. Also Present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Deputy City Clerk Maria Rosenbaum. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS • Councilmember Hilstrom requested the following language, "since the 2001 goals had not been developed and will be done so at the Council Retreat on August 26, 2000 ", be added to the worksession minutes of August 21, 2000, MISCELLANEOUS City Manager Michael McCauley informed the Council that the amusement device license ordinance is being reviewed and that the issue will be coming before the Council in the near future. Council discussed the destination park plan and the Crystal Airport. At 6:10 p.m. the Council left the table to tour the new equipment at the Community Center. The Council reconvened the meeting at 6:20 p.m. ADJOURNMENT A motion by Councilmember Peppe, seconded by Councilmember Lasman to adjourn the study session at 6:25 p.m. Motion passed unanimously. is City Clerk Mayor 09/11/00 -1- DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 11, 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 6:45 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, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. • Jack Lynch, 5611 James Avenue North, addressed the Council to discuss his concern about the City's enforcement on parking of City streets. He had recently received two parking citations and had been parking on the street all summer and wanted to know why the enforcement is random. Mayor Kragness informed Mr. Lynch that the City's ordinance is effected 12 months of the year. Councilmember Hilstrom requested that the issue be reviewed with the Police Department and that Mr. Lynch be contacted regarding his concern. Bob Hill, 4701 Twin Lake Avenue, addressed the Council regarding the interest of an orphanage in the City of Brooklyn Center and questioned the taxes paid on the property. Mr. McCauley informed Mr. Hill information about the taxes. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded Councilmember Nelson to adjourn informal open forum at 6:56 p.m. Motion passed unanimously. 2. INVOCATION A moment of silence was observed at the EDA meeting. • 09/11/00 -1- DRAFT 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 7:17 p.m. 4. 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, Finance Director Charlie Hansen, Public Works Director Diane Spector, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 5. COUNCIL REPORT Mayor Kragness reported that she had received petitions with over 500 signatures opposing an orphanage being located in the C1 -A zoned office /commercial in the City of Brooklyn Center. Councilmember Nelson reported that he, Mayor Kragness, and the City Manager attended the Highway 100 Council meeting and that the 36th Avenue interchange was discussed. He also had attended a Mn/Dot meeting and reported that Interstates 94 and 694 will have construction starting in 2001 and ending in 2003 on the bridges at Highway 81 and West Broadway. 6. APPROVAL OF AGENDA AND CONSENT AGENDA • A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the agenda and consent agenda. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the minutes from the August 21, 2000, joint work session with Financial Commission, the August 28, 2000, study and regular sessions, the August 28, .2000, executive session, and the September 5, 2000, general work session. Motion passed unanimously. 6b. LICENSES A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to approve the following list of licenses. Motion passed unanimously. MECHANICAL Assured Heating A/C and Ref Inc. 514 Jefferson Highway, Champlin Owens Companies, Inc. 930 E. 80th Street, Bloomington 09/11/00 -2- DRAFT PRIVATE KENNEL • Barbara and Gregory Ulbrich 6807 Emerson Avenue North RENTAL Renewal: 5746 Irving Avenue North Kathy Becker 5337 70th Circle Gary Bistodeau 4715 France Avenue North Paul Hinck Initial: 6718 Colfax Avenue North Kenneth Fountain 5256 E. Twin Lake Boulevard Scot Frenzel 6c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 2000-147 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES • The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 6d. RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, IMPROVEMENT PROJECT NOS. 2000-01,02, AND 03, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 2000-148 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1, IMPROVEMENT PROJECT NOS. 2000 -01, 02, AND 03, CONTRACT 2000 -B, GARDEN CITY CENTRAL STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. . 09/11/00 -3- DRAFT 6e. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR . IMPROVEMENT PROJECT NO. 2000 -7, CONTRACT 2000 -B, PALMER LAKE CIRCLE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS RESOLUTION NO. 2000 -149 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2000 -7, CONTRACT 2000 -B, PALMER LAKE CIRCLE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKPARK DENTAL CENTER) City Manager Michael McCauley discussed that this item had been before the Council several times . regarding the expansion of the Brookpark Dental Center and that amending this ordinance is consistent with the plan for Brooklyn Boulevard. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 2000-09 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BROOKPARK DENTAL CENTER) The motion for the adoption of the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 09/11/00 -4- DRAFT • 7b. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR • IMPROVEMENT PROJECT NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS Public Works Director Diane Spector discussed the appeal and objection process for the special assessments before reporting on the project areas and assessments for the public hearings. Ms. Spector reviewed the 2000 assessments which are code and are as follows: Residential $2,180 Street per property $1,593 Street - 66th Avenue (because it had less work done) $ 710 Storm per property $ 0 Storm - 66th Avenue Non - Residential $ .27 per square foot • $ .14 per square foot A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public Hearing. Motion passed unanimously. Ron Kronen, 2807 65th Avenue North, addressed the Council to ask if the staging area next year would be the same as this year. Ms. Spector advised that we anticipate using a different staging area next year. Mike Batty, 3319 Mumford Road, addressed the Council to ask about trees that were destroyed from the construction. Ms. Spector informed Mr. Batty that if it is proven that the tree died due to construction, the City will remove and replace any trees that were destroyed. A motion by Councilmember Lasman, seconded by Councilmember Nelson to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-150 Councilmember Nelson introduced the following resolution and moved its adoption: • 09/11/00 -5- DRAFT RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT • NOS. 2000 -01 AND 02, CONTRACT 2000 -B, GARDEN CITY CENTRAL NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 7c. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS; TO THE HENNEPIN COUNTY TAX ROLLS Ms. Spector outlined the project area indicated that the project may be done on October 12, 2000. A motion by Councilmember Hilstrom, seconded by Councilmember Nelson to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-151 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 2000 -04 AND 05, CONTRACT 2000 -C, 73RD AVENUE, HUMBOLDT TO CAMDEN AVENUE STREET AND STORM DRAINAGE IMPROVEMENTS, TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nelson. Motion passed unanimously. 7d. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS AND PUBLIC NUISANCE ABATEMENT 09/11/00 -6- DRAFT • • - RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR DELINQUENT PUBLIC UTILITY SERVICE TO THE HENNEPIN COUNTY TAX ROLLS - RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT OF PUBLIC NUISANCES TO THE HENNEPIN COUNTY TAX ROLLS Mr. McCauley iscussed that these resolutions would certify the special assessments for delinquent fY p q public utility service and abatement of public nuisances to the Hennepin County tax rolls. A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to close the Public Hearing. Motion passed unanimously. RESOLUTION NO. 2000-152 Councilmember Nelson introduced the following resolution and moved its adoption: . RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR DELINQUENT PUBLIC UTILITY SERVICE TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. RESOLUTION NO. 2000-153 Councilmember Nelson introduced the followin g resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR ABATEMENT OF PUBLIC NUISANCES T HE PIN AN S O T HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 8. COUNCIL CONSIDERATION ITEMS 8a. PROCLAMATION DECLARING OCTOBER 2000 NATIONAL BREAST CANCER AWARENESS MONTH • 09/11/00 -7- DRAFT A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to adopt proclamation declaring October 2000 National Breast Cancer Awareness Month. Motion passed unanimously. 8b. PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 17 THROUGH 23, 2000, AS CONSTITUTION WEEK A motion by Councilmember Lasman, seconded by Councilmember Nelson to adopt proclamation declaring the week of September 17 through 23, 2000, as Constitution Week. Motion passed unanimously. 8c. STAFF REPORT RE: DESTINATION PARK PLAN Mr. McCauley discussed that the Destination Park Plan is one of the Council's goals for 2000 and that the purpose of this item on the agenda is to receive public input. The plan must be refined and prioritized to reflect our fiscal capacity. The Parks and Recreation Commission will be working on refining the plan and it will come hack for further Council review as part of the CIP. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to open the Public Hearing. Motion passed unanimously. Mary O'Conner, 5429 Lyndale Avenue North, addressed the Council to ask about the funding for the plan, her concern about the amount of money, and the loss of softball fields. Mr. McCauley responded that the plan could not be implemented as to all of the items because it would be too expensive over the next five years, $400 - $500,000 would be targeted for major improvements from existing resources. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to close the Public Hearing. Motion passed unanimously. 8d. 2001 PRELIMINARY BUDGET AND PROPERTY TAX LEVY REPORT 1. RESOLUTION TO ADOPT THE 2001 PRELIMINARY BUDGET 2. RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS 11 - • 09/ /00 - DRAFT 8 3. RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 , 4. RESOLUTION SETTING DECEMBER 4, 2000, AS DATE FOR TRUTH IN TAXATION PUBLIC HEARING AND DECEMBER 11, 2000, FOR CONTINUATION HEARING AND BUDGET ADOPTION Mr. McCauley discussed that the State law requires adoption of the preliminary 2001 real estate tax levy and budget and that along with the levy and budget, State law also directs that the Council set the truth in taxation and continuation hearing (if needed) dates. The recommended date for the truth in taxation hearing is Monday, December 4, 2000, at 7:00 p.m., and the continuation hearing (if needed) Monday, December 11, 2000, 6:00 p.m. Mr. McCauley discussed the preliminary levy that would increase real estate taxes levied by the City, Economic Development Authority, and Housing and Redevelopment Authority by a total of 3.95 percent above the gross levy for taxes payable in 2000. The preliminary levy may be reduced, but may not be increased after the adoption this evening. • Mr. McCauley discussed that the draft 2001 General Fund budget proposes an overall increase of $444,063 or 3.19 percent and that there is much more work needed on the budget to bring it into balance for the December 4, 2000, truth in taxation meeting. RESOLUTION NO. 2000-154 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION TO ADOPT THE 2001 PRELIMINARY BUDGET The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2000-155 Councilmember Nelson introduced the following resolution and moved its adoption: • 09/11/00 -9- DRAFT RESOLUTION TO AUTHORIZE A PRELIMINARY TAX LEVY FOR 2001 APPROPRIATIONS FOR THE GENERAL FUND, THE STREET IMPROVEMENT DEBT SERVICE FUNDS, THE POLICE AND FIRE BUILDING DEBT SERVICE FUNDS, THE EDA FUND, AND THE HRA FUND BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2000-156 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION APPROVING A PRELIMINARY TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATING ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047 OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 2001 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. RESOLUTION NO. 2000-157 Councilmember Nelson introduced the following resolution and moved its adoption: RESOLUTION SETTING DECEMBER 4, 2000, AS DATE FOR TRUTH IN TAXATION PUBLIC HEARING AND DECEMBER 11, 2000, FOR CONTINUATION HEARING AND BUDGET ADOPTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. Se. REPORT ON LOT 1, BLOCK 1, BROOKLYN FARM SUBDIVISION Mr. McCauley reported that Lot 1, Block 1, Brooklyn Farm Subdivision, has recently been a location of interest for a orphanage /charter school. In December of 1985, the City and the HRA entered into a Contract for Private Development of this property as part of the tax increment district plans for development of the Earle Brown Heritage Center and the surrounding area. The contract obligated the developer to build the glass tower located south of Lot 1, Block 1, Brooklyn Farm Subdivision and was called Phase 1 of the development. The developer had obligations relating to Phase II located on Lot 1, Block 1, Brooklyn Farm Subdivision that contemplated an office building of a specific footprint, with the height of the building to be determined in reference to the parcel's physical capacity and the adjacent area's traffic capacity. 09/11/00 -10- DRAFT • The City and the HRA acquired property in the Brooklyn Farm Subdivision and then re- conveyed ni them to the developer for $1.00. The tax increment district has expended significant resources to • P P g generate commercial development to enhance the tax increment district which carries a debt load and to generally enhance the commercial development in the City. Mr. McCauley requested, based on these actions and investment, that the EDA, HRA, and -City Council authorize the City Manager to fiu ther explore options available in protecting the investment already made and enforcing the obligations imposed on the owner of Lot 1, Block 1, Brooklyn Farm Subdivision pursuant to the contract, and as part of the authorization, approve authorization that the EDA's bond counsel, Briggs and Morgan and the City Manager be authorized to undertake legal enforcement of the contract as may be deemed appropriate. A motion by Commissioner Nelson, seconded by Commissioner Peppe to authorize City Manager to further explore options available in protecting the investment already made and enforcing the obligations imposed on the owner of Lot 1, Block 1, Brooklyn Farm Subdivision pursuant to the contract, and as part of the authorization, approve authorization that the EDA's bond counsel, Briggs and Morgan and the City Manager be authorized to undertake legal enforcement of the contract as may be deemed appropriate. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Nelson, seconded by Councilmember Lasman to adjourn the City Council meeting at 7:54 p.m. Motion passed unanimously. City Clerk Mayor • 09/11/00 -11- DRAFT City Council Agenda Item No. 6b City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Rosenbaum, Deputy City Clerk DATE: September 20, 2000 x " SUBJECT: Licenses for Council Approval The following companies /persons have applied for City licenses as noted. Each company /person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on September 25, 2000. AMUSEMENT DEVICES - VENDOR Dandy Amusements International, Inc. 15455 San Fernando Mission Blvd., Mission Hills, CA • MECHANICAL Burnsville Heating and Air 12481 Rhode Island Avenue South, Savage Total Air Supply 541 North Wheeler Street, St. Paul Total Refrigeration Systems, Inc. 221 South Concord Exchange, St. Paul Whelan-Davis Company, Inc. 7872 12th Avenue South, Bloomington RENTAL Renewal: 3713 47th Ave North Bill Modell TAXI CAB Thomas Omae (Metropolitan Taxi) 6836 Fremont Place North • 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 Council Agenda Item No. 6c MEMORANDUM DATE: September 20, 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. • RESOLUTION NO. 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. 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 - _-- _- _____ -_ -_ - - -_-_- LYNNE KASPER 4901 ABBOTT AVE N 186 CITY OF BROOKLYN CENTER 55TH/LYNDALE 187, 188, DEAN JOHNSON & KIMBERLY WALETKO 1619 73RD AVE N 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200 JOHN PARENT 6836 COLFAX AVE N 201 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor . ATTEST: City Clerk s City Council Agenda Item No. 6d • MEMORANDUM DATE: September 20, 2000 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City Engineer ilW SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1999 -14, Contract 1999 -D, Earls Brown Drive Street Improvements On June 28, 1999, the City Council awarded a contract to Frattalone Paving, Inc. for street improvements to Earle Brown Drive. All contract work by Frattalone Paving has been completed to the City's satisfaction. The final contract amount of $287,675.00 is $9,697.85 over the original contract amount of $277,977.15. The approximately 3.5% difference is due to additional costs to remove unsuitable soil from the road bed. It is recommended to approve the attached resolution authorizing final payment to Frattalone Paving in accordance with a final contract amount of $287,675.00. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1999 -14, CONTRACT 1999 -D, EARLE BROWN DRIVE STREET IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Frattalone Paving, Inc. has satisfactorily completed the following improvement in accordance with said contract: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $287,675.00. 2. The work completed under said contract is accepted and approved according to the following schedule: I Costs I Per Bid I Final • Construction $277,977.15 $287,675.00 Contingency /Change Orders $13,898.86 0 Subtotal Construction $291,876.01 $287,675.00 Engineering $14,000 $18,312.82 Legal /Admin/Bond cost 0 2,913.55 Bonding 0 4,356.74 Other 0 0 Total Costs I $305,876.01 I $313,258.11 Revenues I Per Bid I Final Street Assessments 223,916.00 $223,916.00 Local State Aid (45,261.03) (43,468.74) Municipal State Aid 119,397.97 125,555.07 Sanitary Sewer Utility Fund 2,541.32 2,550.24 Water Utility Fund 880.29 517.78 Storm Drainage Utility Fund 4,401.46 4,187.76 Total Revenues I $305,876.01 , $313,258.11 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. • • i City g Council Agenda Item No. 6e • MEMORANDUM DATE: September 20, 2000 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Approving Final Plat, JOSLYN SECOND ADDITION On July 27, 2000, the Planning Commission recommended approval of the Preliminary Plat. The Developer, Twin Lakes II LLC, has submitted an application for Final Plat. The purpose of this plat is to subdivide four existing parcels of land located at the northeast quadrant of Azelia and Lakebreeze Avenues into two new lots for redevelopment purposes. It should be noted that the Developer has relocated the property line between the proposed Lots 1 and 2 twenty feet to the east since the Planning Commisions review. The property line was relocated to accommodate the depth of the truck court for the building on Lot 1. The Plat of JOSLYN SECOND ADDITION is recommended for final approval. • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT, JOSLYN SECOND ADDITION WHEREAS, the Planning Commision on July 27, 2000 recommended approval of the JOSLYN SECOND ADDITION; and WHEREAS, Twin Lakes II LLC has applied for Final Plat approval as required by City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the final PLAT for JOSLYN SECOND ADDITION is hereby approved subject to the following conditions: 1. Any additional requirements of the City Engineer or City Attorney. 2. Any additional provisions of Chapter 15 of the City Ordinances. 3. Any other conditions of Hennepin County as required. • 4. Any costs associated with re- locating existing private utilities shall be borne by the Developer. 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. • tzj fi ' I s I I 1 1 ;Ii* , NI i ' .J= •r 1. N• �.. 1 JJ \ g x r ' 0 9 IL f wh i s . nh — Wk 4 .t t b. ti . ,■Y ss .. y • t, a •, S • t ��:.Y ' ^lam: :t u :k .wn...,.r;�,NS% �1f•"` • 1 .. i +i , •' :�•', • :t\, .�•,i...tt�'.N -'". �• .l�•��1�•� .��:j(vv'pY :..r , h t.. '', .t`. ,`q .�., .Shi11.`, •'. 1�.N .4 "•. �:ta ,.•:��1 :+�'.,'.aqt: • it — ^\tl w �:�.,. „�!! .',�\' 'r1•� ^ui. 1)�`'. 11 \�.,k,.,•.. isJ';.< C,.:„; �;U: u i° . J .. , ,., \. .;.. ht ... .� , dr..,. ^. • +. 1,!w: t•�x;rF : + ..i? ;d;,t'. `...� , d lip 4 ; ` �. po aq • .,,� � # t � # � � t City Council Agenda Item No. 6f MEMORANDUM DATE: September 20, 2000 TO: Michael McCauley, City Manager FROM: Todd Howard, City Engineer SUBJECT: Resolution Releasing Lot 3, Block 1, JOSLYN ADDITION, from a Utility Maintenance and Inspection Agreement On August 2, 1999, the Developer entered into an agreement for the maintenance and inspection of utility and storm drainage systems for the entire Joslyn Site as part of the Wicks development. The Developer is now re- platting the property and has requested a release from the agreement on the Phase 2 portion of the Joslyn Site. The purpose of the release is to simplify the platting and land transactions. The Developer, as a condition of site and building plan approval, will be required to enter into a Maintenance and Inspection agreement for the Phase 2 development. It is recommended that Council approve the attached resolution releasing Lot 3, Block 1, JOSLYN • ADDITION, from the maintenance agreement. • . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RELEASING LOT 3, BLOCK 1, JOSLYN ADDITION, FROM A UTILITY MAINTENANCE AND INSPECTION AGREEMENT BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the City of Brooklyn Center hereby releases Lot 3, Block 1, JOSLYN ADDITION, from the terms, _ covenants, and conditions of that certain Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems dated August 2, 1999, filed September 8, 1999 in the office of the Hennepin County Recorder as Document No. 7177633 and in the office of the Hennepin County Registrar of Titles on December 7, 1999 as Document No. 3231686. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • s City Council Agenda Item No. 7a . CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of September, 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 Ordinance No 98 -03 Regarding Council Salaries for 2001 -2002. 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 ORDINANCE NO. 98 -03 REGARDING COUNCIL SALARIES FOR 2001 -2002 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 98 -03, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 1999, is hereby amended. Section 2. Effective January 1, 2001, the annual salary for Mayor shall be $9,583 . and the annual salary for Council Members shall be $7,337. Section 3. Effective January 1, 2002, the annual salary for Mayor shall be $9,870 and the annual salary for Council Members shall be $7,557. Section 4. 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 • MINUTES OF THE PROCEEDINGS OF THE FINANCIAL COMMISSION OF THE CITY OF BROOKLYN CENTER JUNE 19, 2000 COUNCIL CHAMBERS CALL TOO DER Chair Donn Escher called the meeting to order at 8:30 P.M. in the Council Chambers. ROLL CALL Present at roll call were Chair Donn Escher, Commissioners: Jay Hruska, Jerry Blamey, Gavin Wilkinson, Tim Elftmann,,.and Mark Nemec. Also, present were Council Liaison Debra Hilstrom, Council Member Kay Lasman, City Manager Michael McCauley, and Finance Director Charlie Hansen. Commissioner Larry Peterson was absent and unexcused. i Agenda. A motion was made by Commissioner Gavin Wilkinson to approve the agenda. Commissioner Mark Nemec seconded the motion and all members voted in its favor. AWroval of Minmes _ . A. motion was made by Commissioner Jay Hruska to approve the minutes of the May 4, 2000 meeting. Commissioner Tim Elftm= seconded the motion and all members voted in its favor. Mayor and Council Member Total Compensation. 2001 & 2002 Study. A motion was made by Commissioner Gavin Wilkinson to lift this item from the table. Commissioner Jerry Blamey seconded the motion and all members voted in its favor. 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 Member compensation be increased 3 % in 2001 and 3 % in 2002 and there was 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 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 toe total 2001 ra 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. Discussion of an amended ch ediia,P f or requests for pro on sals• A motion was made by Commissioner Mark Nemec to lift this item from the table. Commissioner Gavin Wilkinson seconded the motion and all members voted in its favor. Charlie Hansen explained that the current schedule for requests for proposals (RFP) for. Finance Department p professional services calls for an RFP for msurance 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 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. This recommendation will be reported to the City Council on July 10, 2000. City Manager 11pdates, Michael McCauley provided updates on the neighborhood street improvements, Metro Transit hub, League of Minnesota Cities achievement award for education, Joslyn site developments, and the 69th & Brooklyn Boulevard_ redevelopment site acquisition, Brooklyn Boulevard road improvements, Motel 6 construction, -and the proposed orphanage. Next Meeti= The next meeting of the Financial Commission will be a joint meeting with the City Council on Monday, August 21, 2000 at 6:00 P.M. for the purpose of reviewing the proposed General Fund 2001 budget. ADJOU RNMENT. . Commissioner Gavin Wilkinson moved to adjourn the meeting at 9:32 P.M. Commissioner Jerry Blamey seconded the motion and all members voted in its favor. City Council Agenda Item No. 8a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specs t ! Subject: City Council Consideration Item - Planning Commission Application No. 2000- 021 Date: September 20, 2000 On the September 25, 2000, City Council Agenda is Planning Commission Application No. 2000 -021 submitted by Ryan Companies US, Inc. requesting Site and Building Plan approval for a 110,700 sq. ft. industrial building at the northwest corner of Azelia and Lakebreeze Avenues North (4830 Azelia Avenue North) . Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2000 -021 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 is e P g g this matter and other supporting documents. This matter was considered by the Planning Commission a_ t their September 14, 2000, meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • Application Filed on 8 -17 -00 City Council Action Should Be Taken By 10 -16 -00 (60 Days) Planning Commission Information Sheet Application No. 2000 -021 Applicant: Ryan Companies US, Inc. Location: Northeast Corner of Azelia and Lakebreeze Avenues North (4830 Azelia Avenue North) Request: Site and Building Plan Approval The applicant, Ryan Companies US, Inc., on behalf of Twin Lakes II, LLC (Paul Hyde) is seeking site and building plan approval for the second phase of the redevelopment of the old Joslyn Pole Yard site and surrounding property to the south. The property in question is zoned I -2 (General Industry) and is the proposed Lot 1, Block 1, Joslyn 2nd Addition, which received preliminary plat approval by the City Council on August 14, 2000, under Planning Commission Application No. 2000 -018. This property is bounded on the north by the Soo Line Railroad; on the east by the proposed Lot 2, Block 1, Joslyn 2nd Addition, which currently contains the Dale Tile Building and an off site parking lot for the Northwest Racquet Club; on the south by Lakebreeze Avenue with the racquet club on the opposite side of that street; and on the west by • Azelia Avenue and Lots 1 and 2 Block 1, Joslyn Addition, containing the entrance into the Wickes development and vacant land containing some of the monitoring equipment for the former Joslyn site. On the opposite side of Azelia is property zoned R -4 (Multi Residence) containing an apartment building and other residential property. The applicant proposes in this second phase of the redevelopment to construct a 110,700 sq. ft. speculative office /industrial building on this eight acre site. The proposed use is a permitted use in this I -2 zoning district. The site under consideration is a portion of the Joslyn property and the old Davies Water Company property that are being combined under the above mentioned plat. The Joslyn Pole Yard property, as the Commission is aware, was listed as a federal "super fund site" and had been undergoing a clean up of the property to an industrial standard under a supervised agreement with the Minnesota Pollution Control Agency (MPCA). The clean up has proceeded to a p point where the U S Environmental Protection Agency delisted the Joslyn Manufacturing and Supply Company site (except the westerly portion) from the National Priority List. On June 1, 2000, the MPCA delisted the site (except for the westerly area) from the State of Minnesota's permanent list of priorities (see attached correspondence dated June 12, 2000). As with the development of the Wickes Distribution Center, this proposal can proceed provided development on the former Joslyn site is consistent with the MPCA approved report entitled "Developers Response Action Plan Addendum and Work Plan for Implementation of the Joslyn Site ". Attached is a September 1, 2000, letter from MPCA acknowledging that the plans • 09 -14 -00 Page 1 submitted are consistent with the above mentioned report but that possible future access road construction would be subject to a deed restriction on the site that will require additional submittals from the property owner if such plans go forth. The City has established a Soils Tax Increment Financing District (TIF) to assist in the redevelopment of this property that was in effect at the time of the Wickes Distribution Center development and also encompasses a development agreement to proceed with a three phase redevelopment of the property in question. Again, this is phase two of that three phase redevelopment. ACCESS/PARKING Access to the site is to be provided at two locations. One is a shared access off of Lakebreeze that will serve this site (primarily the loading dock area at the rear of the building) and the phase three development lying farther to the east. The other access point will be to the main parking facility for the site off of Azelia Avenue directly across from the access leading to the Wickes Distribution facility. Also, as the Commission is well aware, the Minnesota Department of Transportation (MNDOT) is preparing for an upgrading of TH 100 from Golden Valley to Brooklyn Center in various phases over an approximate five year period. Part of that improvement will be the development • of an interchange at France Avenue requiring the raising of the Soo Line Railroad bridge over TH 100. This will cause a need to redo access in this immediate area. Current plans are that France Avenue will no longer be a through route because of the grade problems at the Soo Line crossing. Access through the area has been determined to be by extending Azelia Avenue and tying it into 50th Avenue at France Avenue. There has been more discussion with respect to this plan and various meetings have been held along with the City retaining a consultant (Short Elliott Hendrickson) to facilitate discussion between neighboring concerns and Highway Department concerns. To date no additional right of way has been acquired to extend Azelia Avenue through this area and the development plans and platting that has gone forward indicates Azelia ending in a cul -de -sac at the approximate location of the Wickes Distribution Center access. However, the site plans approved, and the plan at hand, both allow for the extension of Azelia to the north and do not interfere with such roadway planning. It should be noted that if changes to these plans result in a need for an alternate route as has been proposed by some neighboring property owners that it can be accommodated on the area proposed for the third phase in this redevelopment project. Therefore, it seems appropriate at this time to proceed with the site and building plan review for the proposed 110,700 sq. ft. phase two industrial building. Again, the access from Lakebreeze will be primarily a truck access shared with the neighboring property to the east leading directly to the loading facilities behind the proposed building. This driveway width slightly exceeds the 30 ft. wide driveway maximum that is typical in most commercial and industrial developments. Allowing the 40 ft. width without concrete delineation . 09 -14 -00 Page 2 _ will accommodate semi truck movement which will be in and out of this area. The other access, off Azelia Avenue, is limited to a maximum of 30 ft. in width and will accommodate primarily non -truck traffic. Access to parking spaces can be gained around the entire building. Parking for this 110,700 sq. ft. facility is based on a combination of the office parking requirement (one space for every 200 sq. ft. of gross of floor area) and the industrial parking formula (one space for every 800 sq. ft. of gross floor area). The plan calls for 26,675 sq. ft. of office space requiring 136 parking spaces and 83,025 sq. ft. of industrial, manufacturing and warehouse space requiring 104 parking spaces. A total of 240 parking spaces are required for the entire site given the proposed office to industrial mix anticipated by the plan. The applicant's plan provides 227 parking spaces to be located around the north, west and south sides of the building and 13 "proof of parking spaces" to be located to the rear of the building and are designated as dotted lines on the site plan. Such an arrangement appears to be appropriate given the size of the building and the great amount of parking already being provided. It is not certain that the actual occupancy for office space will be as proposed because the building is speculative in nature at this time. However, if necessary, the additional 13 parking spaces could be provided by the applicant in the future. B -612 curb and gutter is required around all driving and parking areas and is noted on the site plan. The loading dock areas are accessed from the common access to the east. The building elevations show the potential for 12 loading docks along the west wall of the building servicing the site. Access to the office areas would be along the west and south elevations where more store front or office accommodations are provided. GRADING/DRAINAGE/UTILITIES The applicant has provided a grading and drainage plan showing a storm water detention pond and silt fencing for erosion control. The applicant is required to receive Shingle Creek Watershed Management Commission approval of their plans and is providing a detention pond to service this area which will be located off site to the northwest of the building itself lying between this facility and the Wickes Distribution Center. The storm water detention pond would lay to the west of Azelia Avenue if it is extended as has been proposed by MNDOT. As mentioned previously, the plan has been submitted to the MPCA for their review and is acceptable. Their plans call for working around containment areas and monitoring wells on the site which will need to continue in order to monitor and treat ground water on the site. Drainage from the paved areas will be handled by storm sewer which will collect water in catch basins located around the perimeter of the property to be conveyed into the proposed storm water detention pond. It is anticipated that the applicant's watershed plan will be on the Watershed Commission agenda for September 14, 2000. The City Engineer is reviewing the grading, drainage and utility plans and will be offering written comments. One particular matter that will need to be addressed is a modification to the grading plan to indicate a 4 ft. To 4 %2 ft. high berming area to be located in an approximate 42 ft. green strip • 09 -14 -00 Page 3 . along Azelia Avenue. City ordinances require screening of activity areas where industrial property is across the street from multi residentially zoned property as exists in this situation. 1 The applicant have provided a cross section detail showing an approximate 4 to 4 2 ft. high rise in the green strip area for the purpose of primarily screening vehicles located in the parking lot from the residential area across the street. The grading plan does not show such an elevation change and should be modified prior to the issuance of building permits to acknowledge this type of berm. City ordinances require a minimum 25 ft. buffer area where industrial zoned land is located across the street from multiple residential land. Activity areas are to be effectively screened from view in a manner approved by the City Council. Section 35 -711 of the city ordinances also requires parking lot screening where parking of more than six vehicles is across the street from residentially zoned property. No specific screening height is indicated in the ordinance, however, such areas are to provide effective screening at least of this parking area. It appears that the 4 %2 ft. high berming proposed would be effective provided the 4 1 /2 ft. rise is measured from the parking lot rather than from the street elevation. A six inch water line will be provided along the east side of the building tying into an 8 in. water main that is located in Lakebreeze Avenue. The sanitary sewer connection will also be from Lakebreeze tying in at the southwest comer of the building. The building is to be equipped with an automatic fire extinguishing system that meets NFPA standards and is required to be monitored through a central monitoring device. The site plan currently shows the building being serviced by four fire hydrants, two of which are existing along the west side of the building and • two new proposed hydrants, one at the northeast corner and the other at the southeast comer of the building. Further review of the number and locations of fire hydrants by the Building Official and Fire Chief is in order. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 8+ acre site requires 522 landscape points. The applicant's proposals provides 522 points through a variety of plantings. The plan calls for 260 points in shade trees including Patmore Ash, Greenspire Linden, Green Column Maple and Northwood Red Maple; 204 points in evergreen trees including Austrian Pine and Black Hills Spruce; 26 points in ornamental trees including Adams Crabapple, Amur Maple, Japanese Tree Lilac; and 32 points in shrubs including Black Chokeberry, Mohican Viburnum, Gold Flame Spirea and Sea Green Juniper. The landscaping is spread out uniformly around the large green strip areas along Azelia and Lakebreeze Avenues with some landscaping around the building foundation. Shade trees are interspersed with coniferous trees in the green strip along Azelia Avenue adding to the approximately 4 1 /2 ft. high berm in this area to provide screening as mentioned above. The Planning Commission should recommend whether or not this is considered to be appropriate screening as per the ordinance requirement. The same pattern of shade trees and coniferous trees continues around the west and north portions of the parking lot. That pattern is also in the green strip area along Lakebreeze Avenue. Five evergreen trees are provided in a planting area at the • 09 -14 -00 Page 4 southeast corner of the site to assist in some screening of the loading area. The shrubs and ornamental trees are used as foundation plantings close to the building and in island areas at the corners of the building. All in all the landscape plan appears to be appropriate, provided the Commission concurs in the required screening. BUILDING The applicant has provided building elevations and a floor plan for this speculative office /industrial building. The building elevations show the location of loading docks on the east side of the building and the office /store front exterior along the west and south sides of the building. The exterior finish is to be a pre -cast wall panel with 12 in. reveals that are carried around the building. The west elevation provides glass entry doors and store front windows at the various office locations. The color is not yet indicated on the plan. LIGHTING/TRASH The applicant has submitted a lighting plan indicating compliance with City ordinances. The plan shows a mixture of free standing and wall mounted lighting. There are fourteen freestanding light poles located around the perimeter of the parking lot. These are 400 watt lights that are 25 ft. in height. No fixture is shown, however, they should contain lenses, • reflectors or shades so as to concentrate illumination on the property and to prevent glare off site. The foot candles shown on the lighting plan do not exceed those authorized by City ordinance. The plan also calls for 10 building mounted light fixtures, 6 along the west elevation and 2 each on the north and south building elevations. These also are 400 watt lights and should contain the same type of shading and reflectors as the freestanding lights directing light downward on the site and avoiding glare. Five 1,000 watt lights will be located on the east building wall to light up the loading dock area. The plan does not show any outside trash area. Apparently trash will be contained within the building. If, however, there are trash facilities out of doors, or compactors, they must be screened with a screening device that matches the building exterior and contains a solid opaque gate. There is no place on the site plan that is indicated for the outside storage of trailers. The receiving and loading dock areas are not of sufficient size to accommodate dead storage of trailers and it is, therefore, not comprehended as part of the site plan. If such activity is to be undertaken, the plan must be expanded to show a specific trailer storage area which should be screened, otherwise no such storage activity should take place on the site. • 09 -14 -00 Page 5 RECOMMENDATION All together the plans appear to be in order, however, there are some minor modifications that need to be made such as the grading plan corresponding with the berming to be provided in the green strip areas along Azelia Avenue. Approval of the application should be subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. 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 guaranty in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assurance completion of site improvements. 4. Any outside trash disposal facilities and rooftop oF or, 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 Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is provided for handicapped accessibility. 9. The applicant shall submit an as-built survey of the property, improvements and utility service lines prior to release of the performance guaranty. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering department. 12. Storm water drainage systems and the detention pond shall be approved by the Shingle Creek Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 14. The plans shall be modified prior to the issuance of permits to indicate the nature and extent of berming to be provided in the green strip areas along Azelia and Lakebreeze Avenues. The rise of said berming shall be at least 4 1 /2 ft. measured from the elevation of the arkin lot. P g • 09 -14 -00 Page 6 • 15. There shall be no dead storage of trailers on the site. Said vehicles are to be parked or stored at loading dock areas only. 16. The plat approved under Planning Commission Application No. 2000 -018 shall receive final approval by the City Council and be filed with Hennepin County prior to the issuance of building permits. • 09 -14 -00 Page 7 - c � � sill � � . , � � � >• � �� i 5 I t � � ti 1 _ r , r � � � � � � ., � �� s 1 /!�j ►��,•r► l A A y � � 1 N 2 il ' . t 2 ra w l .� lion o N f g.. S , � ire r erg or 4 CO € Jim 4 .. goy C S B �I �. Od a YS Al 4 . IN IN* D o I t ! 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Lt ,.21 , 1X L L9 • B•j t1 .81 21, SA 12 Lf Sl t1. E2 1 'L7 •. i6 ;I' . 9.1 2y . I3- • 1A• . Lq P2 t1 ffi 7.► f2 i2 81 'PS•2[ •C¢ L) - u • p•� PS . E d . 7f,:19 _ 1 23 S! L Z'w ''9Nb 33 1A • t ` L3•89 { 12 !8. Lg' . .. 3 i� 42 0 IA .71 2 -51 �6 23 L:.LE' 2s' S9�4A 53 fA . 1A !A' •r � . \ AS .SlAUVN 6 '76 100 Ay6 FC MAX'Ff MIN Ffp �p X /.MIN' • : :AVG /WIN .. 6 17/00 LUFMS LLF ?, 41..E 1 & ir DrniY10 Nod j uB; ; aTY Dgs i IPTION • : y s>R ' { . - 4QpyT: ► pRK yr EM24'40 g 5' . AEG 22 44 . § : A 1 f I c e I' ' ..: S . ' RANCAV,AGI IO .MN C/O FLD- FCL4499.E - � 5 ' 'AFG t 30 DEG ' 8 6300 n 4 - NH PRKG /RDVY�PM8410•P 5: AFG.DL'DG MNf•. 80500. .. .. - .. . Drdsn • Dyl . PROJECT 'FILE NO. •'. NI' \AADVG515 \FRANCAiI. AdI • - �•A•Q• IT[ITAL NgTEI 'MEAN LUMEN LAND VALUE 2 j .. . -�i sr,sMir q's sii� waw,irYn w'nrruarrirraratnl�Nma<waM!� •arwrc rn,rs.R W.-s- .. \ . ` '•�io umf.Yrsroridrm T'o�wol� f+eibwaur ry Yriile ss!.wi,mrr,,�wiwrv..4�ww mrf/r�!M. -'\• _ - - // .• .. _.__.....,;� ...,..mr,.ru'uwir pis irre.wo, areas r. uier,kaam w,r'rwsrr�w+i rt+iens sr®rsirsrer Minnesota 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 the Joslyn Manufacturing 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 C' Site) (except the West Area) from the National Priority List. The portion of the Site S 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 Scherkenbach). Sincerely, James L. Warner, P.E. Director Metro Division JLW:csa Enclosure . cc: Carl Grabinski, Joslyn Manufacturing Company Maclay Hyde, Real Estate Recycling 520 Lafayette Rd. N.; St, Paul, MN 56155-4194 296 -6300 (Voice); (651) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar; www.pca.state.mn.us Equal Opportunely Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. 5F-00006-05 tvOBl S DEPARTMENT POLLUTION CONTROL AGENCY STATE OF MINNESOTA Office Memorandum DATE: June 1, 2000 To: Timothy K. Scherkenbach Division Director Policy and Planning Division JUN 0 `� FROM: Karen A. Studders WCA, Meho p(ahid Commissioner Site P iation PHONE: (651) 296 -7301 SUBJE Approval of a Partial Deletion of the Joslyn Manufacttring and Supply Company Site from the Minnesota Environmental Resvonse and Liability Act Permanent.List of Priorities Pursuant to the Minnesota Environment Response and Liability Act, Minn. Stat. § I I5B.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. S In addition, Minn. Stat. § 116.03, subd. I(c) (1998), 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, I hereby delete from the PLP the portion of the Joslyn site that is-described in Attachment 2. KASjmn Attachments cc: Jocelyn Olson, Attorney General's Office Jim Warner, MPCA, MDMO Jerry Stahnke, MPCA, MDSR Mark Schmitt, MPCA, PPRP Barb Jackson, MPCA, MDSR Mike Kanner, MPCA, MDSR Bruce Bros, MPCA, MDSR Dave Douglas, MPCA, MDSR TTY (tor hearing and speech impaired only): (051) 282 -5332 Primed o v retyeled paper co,ltatning at least 16%jberi fiv it, paper recycled by voputeners Minnesota Pollution Control Agency September 1, 2000 Mr. Maclay R. Hyde Real Estate Recycling LLC 3060 Metropolitan Centre 333 South Seventh Street Minneapolis, MN 55402 RE: Joslyn Site MPCA Project Number VP 9730 Dear Mr. Hyde: d Cleanup Unit Voluntary P Agency ( MPCA) staff in the Vo rY Investigation an The Minnesota Pollution Control Ag y ed hereby acknowledges that the latest plans f p repara tion elope s Response r Action t P clan and low are ' consistent with the MPCA approved report entitled bmitted by Work Plan for Implementation Joslyn Site —Lot 2 an re approved by the 2 MPCA u on February l 8, Geomatrix Consultant (Addendum Number 4). This p ort was P • 2000. The civil plans which were reviewed for consistency are: • A01— Title Sheet • Al.I —Site Plan • Preliminary Plat of Joslyn Second Addition • C -1— Grading, Drainage, and Erosion Control • C -2 - Utility Plan • L-1— Preliminary Landscape Plan The MPCA points out that while Azalia Avenue was A ddendum o a deed restriction n on p ossible be sub•ect future access road, the construction of this road would royal b the MPCA will require additional submittals from the property owner for review and app Y addition, a "Suplemental Fence Commissioner before construction would be allowed ion to Addendum Number 4 s currently a Plan" submitted on August 31, 2000, which is a review by the MPCA staff. If you have any questions on the above, please contact me at (651) 297 -1459. Sincerely, �® Gerald J. Stahnke Project Manager • Voluntary Investigation and Cleanup Unit Site Remediation Section Metro District GJSljmp 651 } 292 -5332 (TTY) Rd. N.• St. Paul, MN 55155 -4194; (651) 296.6300 (Voice); (• ar 332 ( ca.siate.mn.us 520 Lafayette Rochester Willmar; P • Marshall R o M .._.__., _i_ . Iluluth Mankato .___..,.- ..,.1e.4 1 f, . MEMORANDUM A DATE: September 11, 2000 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Howard, City Engineer <c SUBJECT: France Avenue Business Park - Building #2 I have reviewed the subject drawings dated 8 -31 -2000 and have the following comments to offer at this time. • The property owner shall be required to enter into an agreement for maintenance and inspection of storm drainage and utility facilities prior to the issuance of a building permit. • Drainage is shown to be directed from the Building #2 site to a pond on the Wicks site. A cross agreement must be developed allowing drainage and ponding on the Wicks site. Proof of this private agreement shall be provided to the City prior to issuance of a building permit. • The berm shown on sheet A8.2 is not reflected on the grading plan. In addition, the plan reflects grading on Canadian Pacific Rail property on filling a section of Lakebreeze Avenue. A • revised grading plan should be submitted for review and approval prior to issuance of a building plan. • ' Erosion control on the existing site has been problematic. An erosion control plan of ringing the site with silt fence is inadequate. A revised erosion control plan should be re- submitted and address the following: the location of the construction access to the site, turf establishment, construction staging and street sweeping. If grading is to occur on the future Building #3 site, then the erosion control plan should include that work. • The water main shall be looped and constructed in accordance with City Standards. A copy of the City Standards will be furnished to the Developer. • Catch Basins S & T should be relocated away from the existing water main. • The tapping of the new water main shall be accomplished through directional boring or by open cutting the road. Note that traffic control will be required and that complete road closure will not be permitted. 48 -hour notice shall be given to the city prior to starting work and road restoration shall be required withing 24 hours of beginning work. • The Azelia Avenue access is wider and has larger radius than needed to accommodate cars. • The final plat is currently under review by MnDOT, the City Attorney, and the Engineering Department and is tentatively scheduled for City Council consideration on September 25, 2000. • Any required changes as a result of this review may affect the site plan. 9 -5 -00 • SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION PRO,TEC:T REVIEW SC 2000 -18: REAL ESTATE RECYCLING /JOSLYN ADDITION Owner Twin Lakes Business Park, LLC c/o Paul Hyde 3060 Metropolitan Center 333 South Seventh Street Minneapolis, MN 55402 Purpose: Approval of a Stormwater Management Plan for the redevelopment of a warehouse/office facility. Location: South of the Soo Line Railroad, east of Twin Lakes, northwest of TH 100, north of Lake Breeze Avenue at Azela and Lakeview Avenues in Brooklyn Center, MN. Exhibits: 1. Project Review Application submitted by VAA, Inc., August 31, 2000. 2. Stormwater calculations submitted and prepared by VAA, Inc., revised August 31, 2000. 3. Plan sheets C1 -C4 submitted by VAA, Inc., August 31, 2000. Findings: 1. The total site area is 16.91 acres. Of this proposed area, 13.07 acres are impervious (C =0.95) and 3.84 acres are pervious (C=0.3) (Lot 2 to be constructed now, Lot 3 in the future). 2. A stormwater pond is being proposed on site to provide treatment for runoff from the entire site. This pond discharges into an existing storm sewer, a second existing stormwater detention basin, and then flows to Twin Lakes (MnDNR protected water 42P) via surface drainage. I. An Erosion Control Plan was provided. Silt fence was not included around the proposed detention pond. 4. The pond was designed with a clay liner which will maintain the water level at the outlet elevation (858.8 feet). The "Treatment" elevation will therefore become the "Permanent Pool" elevation when the pond fills. Therefore, the 10:1 bench should be placed 1 foot below elevation 858.8 feet, not 856.3 feet. "Treatment" 5. It appears that adequate dead ooh was provided below the PP 4 P P elevation (858.8 feet). This volume should be recomputed once the 10:1 bench is relocated. PROTECT REVIEW SC 2000 -18: REAL ESTATE RECYCLINGUOSLYN ADDITION 6. A baffled weir was rovide t p d at the outlet for skimming. The baffle structure extends 3 inches below the normal water elevation. Velocity computations and a plan view of the skimmer were not provided. No aggregate was placed at the skimmer and an anti- seepage collar was not included. 7. The active pool was designed to limit proposed 100 -year, 30- minute discharges to existing. 8. The outlet was designed so the detention time of the runoff from a inch rainfall was 6 hours. 9. An emergency overflow was provided. 10. Average depth computations were not provided. These should be recomputed once the. 10:1 bench is relocated. 11. No review fee payment was received. Recommendation: Approval pending receipt of: • 1. An Erosion Control Plan showing silt fence around the proposed ponding site. 2. A plan showing the relocation of the 10:1 bench to 1 foot below the outlet elevation. 3. Computations showing adequate deadpool volume and average depth for the regraded detention pond. 4. A plan view of the baffled weir showing the length required to limit the discharge velocity to 0.5 feet/second per NURP standards. The baffled weir detail should also include a 4 -inch overlap of the structure below the normal water level. 5. Computations showing that the proposed discharge rates for the 1 -year and 100 -year, 24 -hour rainfall events are limited to existing discharge rates. 6. Payment of the $1,000.00 review fee. • i PROTECT REVIEW SC 2000 -18: REAL ESTATE RECYCLING /,TOSLYN ADDITION . 7. A legal description or plat granting an easement over areas used for stormwater runoff treatment. MONTGOMERY WATSON Engineers for the Commission 9 -14 -00 Edward A. Matthiesen, P.E. Date • • MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 14, 2000 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Rex Newman, Sean Rahn (arrived at 7:40 p.m.) and Dianne Reem. Commissioner John Whitehead was absent and excused. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Heidi Guenther. APPROVAL OF MINUTES - AUGUST 10. 2000 There was a motion by Commissioner Boeck, seconded by Commissioner Erdmann, to approve the minutes of the August 10, 2000 meeting as submitted. The motion passed (Chair Willson and Commissioner Newman abstained because they were 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 was 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. 2000-021 - (RYAN CQMPANIES US, INC.) Chair Willson introduced Application No. 2000 -021, a request to seek Site and Building Plan approval for a 11 0,700 sq. ft. industrial building at the northwest corner of Azelia and Lakebreeze Avenues North (4830 Azelia 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 09/14/00 for Application No. 2000 -021 attached.) He explained that the applicant, Ryan Companies US, Inc., on behalf of Twin Lakes II, LLC (Paul Hyde) was seeking site and building plan approval for the second phase of the redevelopment of the old Joslyn Pole Yard site which has been declared a federal "super fund site" and has been undergoing a clean up of the property to an industrial standard. The property in question is zoned I -2 (General Industry) and is the proposed Lot 1, Block 1, Joslyn 2nd Addition, which received preliminary plat approval by the City Council on August 14, 2000, under Planning Commission Application No. 2000 -018. Mr. Warren advised of the property location and surrounding uses. Mr. Warren indicated the applicant proposes in this second phase of the redevelopment to construct a 110,700 sq. ft. speculative office /industrial building on this eight acre site. The proposed use is a permitted use in this I -2 zoning district. The site under consideration is a portion of the Joslyn property and the old Davies Water Company property that are being combined under the above mentioned plat. • Mr. Warren presented staff's analysis of the request, noting that all together the plans appear to be in 09 -14 -00 Page 1 order, however, there are some minor modifications that need to be made such as the grading plan corresponding with the proposed berming to be provided in the green strip areas along Azelia Avenue and Lakebreeze Avenue. Staff recommends approval subject to 16 conditions. • Commissioner Boeck questioned Phase III of this site. He suggested that action on Phase II be considered without taking Phase III into consideration. Commissioner Boeck indicated he would not like to see the Commission or Council bound to approving Phase III by approving Phase II. Mr. Warren reiterated that in no way was the applicant receiving approval of Phase III through Phase II approval. He stated the retention pond was being built to withstand drainage from both phases but again that Phase III approval would not be warranted without application. Commissioner Rahn asked for the location of the retention pond. Mr. Warren indicated the retention pond was located on Lot 2 of the Joslyn Addition. He explained the retention pond would work with the possible Azelia Avenue extension. Mr. Warren indicated the pond would service Phase II and III of this subdivision as Wickes Distribution Center has its own retention pond. Commissioner Reem asked if the lighting proposed in the plan was stated within the conditions. Mr. Warren indicated a condition could be added with regard to the lighting standards within the City Ordinance. He indicated the developer would be bound by the conditions listed and all City Ordinances not listed within the conditions. Commissioner Reem asked if the berming issue needed further discussion or if the condition suggested by staff was sufficient. Mr. Warren stated he felt the 4 '/2 feet measure from the elevation of the parking lot • would be sufficient, as this has been the standard in past developments abutting multi - residential zoned properties. Paul Hyde, Golden Valley, Minnesota, stated he was the developer of the property and would be willing to discuss any questions or concerns with the Commission. Chair Willson stated the berming along Azelia Avenue was a concern at this time that needed clarification. Mr. Hyde indicated berming would be placed along Azelia Avenue in the hopes of saving several mature trees. He added that earlier today, the watershed approved their permit for the retention pond and berming. Commissioner Reem asked if the developer has been in contact with MnDOT regarding the Azelia Avenue extension. Mr. Hyde stated he has been in contact with MnDOT to discuss this item and will continue to share communications with MnDOT as the development proceeds. He indicated the proposed building does not interfere with the proposed right -of -way easement at this time and therefore could proceed without MnDOT approval. Mr. Hyde indicated a solution should be known by this fall for how access to the France/T.H. 100 interchange will be provided. Commissioner Boeck questioned if the Davies Water Company building was removed. Mr. Hyde indicated the building has been removed to make room for the proposed development. 09 -14 -00 Page 2 Commissioner Erdmann inquired if the developer knew information on the grading of the nearby railroad site. Mr. Hyde stated by changing the grading of the approach to Highway 100 the drainage surrounding would be changed dramatically and indicated this would affect the Joslyn site as well. g Y Y • Diane Niesen, 5107 East Twin Lake Boulevard, questioned the roadway grading and wetland testing of this area. She indicated Wickes' retention pond may not be effective and asked if the proposed retention pond would be effective. i Commissioner Boeck noted the retention pond at Wickes was serving its purpose at this time. He indicated the contaminant removal property of this pond was highly effective and was protecting Twin Lakes. Chair Willson added that the MPCA has approved the proposal from the applicant and does not have issue with the retention pond or concern with future contamination. Mr. Warren stated all runoff at the Wickes property was landing on three feet of clean fill and was running into a detention pond to the north of the site. He explained that from the retention pond the water flowed into a wetland area for filtration before it enters the Twin Lakes. Mr. Warren indicated the MPCA was comfortable with this case and added that this issue should not be confused with the past clean up efforts at this site. The only area of the Joslyn site not yet delisted is Outlot A which is west of the Wickes site and not subject to development. Ms. Niesen asked how the footings would be placed on this site with the high water table level on this site. Paul Johnson, Ryan Companies, indicated the footing would be placed four feet in the ground and the nearest aquifer was 12 feet below the surface. He stated the retention pond was designed to hold a 100 year rain and indicated the development of the site would act as an "umbrella" and improve the soil over time. Mac Hyde noted this site has been delisted and was now ready for development as approved by the MPCA. 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 APPLICATION NO. 2000-021 B (RYA (;QMPANIES US. INC.) There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 2000 -021, submitted by Ryan Companies US, Inc. for Site and Building Plan approval for a 110,700 sq. ft. industrial building at the northwest corner of Azelia and Lakebreeze Avenues North (4830 Azelia Avenue North), subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. Pp P P 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 to • assurance completion of site improvements. 09 -14 -00 Page 3 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 Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of where surmountable curb is provided for handicapped accessibility. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering department. i 12. Storm water drainage systems and the detention pond shall be approved by the Shingle Creek Management Commission prior to the issuance of permits. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center current standard specifications and details. 14. The plans shall be modified prior to the issuance of permits to indicate the nature and extent of berming to be provided in the green strip areas along Azelia and Lakebreeze Avenues. The rise of said berming shall be at least 4 '/Z ft. measured from the elevation of the parking lot. 15. There shall be no dead storage of trailers on the site. Said vehicles are to be parked or stored at loading dock areas only. 16. The plat approved under Planning Commission Application No. 2000 -018 shall receive final approval by the City Council and be filed with Hennepin County prior to the issuance of building permits. 17. Approval of this application comprehends only Phase II of this overall redevelopment plan. Phase III is subject to a subsequent Site and Building Plan application. • 18. The lighting plan shall comply in all respects with Section 35 -712 of the City Ordinances. 09 -14 -00 Page 4 Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Reem. The motion passed. The Council will consider the recommendation at its September 25, 2000 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren indicated he had a proposed Ordinance Amendment for building setbacks along major thoroughfares which the Commission had requested to be prepared. He stated the Commission is asked to review the Ordinance and make a recommendation to the Council on the table of minimum district requirements. Mr. Warren reviewed the major thoroughfares within the City that would be effected and recommended approval of the Ordinance as submitted. There was a motion by Commissioner Boeck, seconded by Commissioner Erdniann, to recommend approval of an Ordinance Amending Chapter 35 of the City Ordinances regarding Building Setbacks along Major Thoroughfares. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, Rahn, and Reem. The motion p assed. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:52 p.m. Chair Recorded and transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. 09 -14 -00 Page 5 City Council Agenda Item No. 8b MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Speci ist SUBJECT: An Ordinance Amending Chapter 35 of the City Ordinances Regarding Building Setbacks Along Major Thoroughfares DATE: September 20, 2000 On the September 25, 2000, City Council Agenda is a recommended ordinance amendment that would modify building setbacks for commercial buildings located along major thoroughfares in the city. Over the past 2 '/2 years the City has granted a number of variances beginning with the new fire station at 63rd and Brooklyn Boulevard to allow building setbacks for commercial buildings along major thoroughfares to be less than 50 ft. The primary justification for the granting of these variances was two Brooklyn Boulevard studies undertaken by the City since 1993 that had provided various recommendations to encourage redevelopment along Brooklyn Boulevard. Both of these studies recommended that the City allow non - residential buildings in the boulevard corridor to be built closer to the street right of . way than the current 50 ft. building setback. One study even favored the City establishing a specific building setback closer than the 50 ft. line that would be a required setback for all non- residential structures located in the corridor. Variances to allow a 35 ft. setback rather than the 50 ft. setback for commercial buildings on other major thoroughfares (Xerxes and County Road 10) were granted for the Brookdale redevelopment Planned Unit Development and the Brookdale Corner redevelopment, which included Cub and other commercial buildings. In each of these cases, the same justification as for the fire station was used. Most recently the Frauenshuh redevelopment of the Brookpark Dental Center was granted a variance from the major thoroughfare setback requirement to allow a 35 ft. setback rather than a 50 ft. setback. Plans are to create an overlay ordinance to deal with Brooklyn Boulevard development and redevelopment which has yet to be established. In the meantime, the Planning Commission has recommended that the zoning ordinance be amended to reflect the building setback precedent that has been established by these variances being granted to allow non -major thoroughfare setbacks for commercial buildings along major thoroughfares rather than to address these matters separately as variance requests. The Planning Commission considered this ordinance amendment at its September 14, 2000, meeting and recommended approval of this ordinance amendment at that time. It is • recommended that the City Council consider this matter for first reading and direct publication of the proposed amendment and set a public hearing date. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd day of October, 2000, at 7:00 • p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 35 of the City Ordinances regarding building setbacks along major thoroughfares. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING BUILDING SETBACKS ALONG MAJOR THOROUGHFARES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable to the land use district in which such use is contemplated. 10. Setbacks along major thoroughfares as designated in Section 35 -900 shall in all cases be at least 50 feet, measured from the street right -of- way line, except for commercial buildings located in commercial zoning districts (Cl and C2) or accessory structures or where the property abuts a marginal access street or where the property abuts a noise wall or noise berm constructed by Mn/DOT, or where the City Council finds that excess right -of -way mitigates the effects of traffic noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of .2000. Mayor ATTEST: City Clerk Date of Publication Effective Date • (Strikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 9a • MEMORANDUM DATE: September 20, 2000 TO: Michael J. McCauley, City Manager FROM: Todd Howard, City EngineerTtr SUBJECT: Resolution Determining Negative Declaration of Need For Environmental Impact Statement for Improvement Project No. 2000 -16, Palmer Lake Ponds, and 2000 -17, Palmer Lake Trail On April 10, 2000, the City Council authorized a professional service contract with WSB & Associates, Inc. to provide design and permitting services for these projects. As part of the environmental permitting process, the consultant prepared an Environmental Assessment Worksheet (EAW) and solicited comments from regulatory agencies. The 30 -day review and comment period has ended and the City Council must determine if there is a need for an Environmental Impact Statement. Background The proposed Palmer Lake Ponds and Trail Improvement project includes constructing a regional • pond, cleaning out existing sewer outfalls, and raising segments of trails that are frequently flooded. The purpose of the project is to improve the water quality of Palmer Lake and allow for the better use of recreational facilities within the p ark. Discussion The EAW was published in the Environmental Quality Board Monitor on August 21, 2000 and 17 Governmental Agencies were provided a copy of the document. Written comments have been received from Mn/DOT, DNR, Metropolitan Council, Shingle Creek Watershed, and the Minnesota Historical Society. A copy of the agency comments are attached and the City's consultant is preparing formal responses to the comments. In addition to the EAW process, there is a permitting procedure that will require an Army Corps of Engineers permit, a Department of Natural Resources permit, a Pollution Control Agency g P p p � g Y permit, and a Shingle Creek Watershed Management permit. It is anticipated that the permit process could be completed late this year and winter construction of the ponds could be completed this winter. Trail work would commence in the spring. Recommendation It is recommended that Council approve the attached resolution determining that an • Environmental Impact Statement is not required for the Palmer Lake Water Quality and Trail Improvements. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION DETERMINING NEGATIVE DECLARATION OF NEED FOR ENVIRONMENTAL IMPACT STATEMENT FOR IMPROVEMENT PROJECT NO. 2000 -16, PALMER LAKE PONDS, AND 2000 -17, PALMER LAKE TRAIL WHEREAS, the preparation of the Palmer Lake Water Quality and Trail Improvement Project Environmental Assessment Worksheet (EAW) and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental effects; and WHEREAS, the EAW has identified areas _ where the potential for significant environmental effects exist, the appropriate mitigative measurers have or will be incorporated in the project plan and /or permits to reasonably mitigate these impacts; and WHEREAS, the Palmer Lake Water Quality and Trail Improvement Project is expected to comply with all the City of Brooklyn Center standards and review agency standards; and • WHEREAS, based on the criteria established in Minnesota R. 4410.1700, the project does not have the potential for significant environmental effects; and WHEREAS, based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota has determined that an Environmental Impact Statement is not required for the Palmer Lake Water Quality and Trail Improvement Project. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. A° Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 132 Roseville, MN 55113 August 22, 2000 Mr. Todd Howard City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Subject: Palmer Lake Water Quality and Trail Improvement Project Environmental Assessment Worksheet (EAW) Dear Mr. Howard: The Minnesota Department of Transportation (Mn/DOT) has reviewed the above - referenced EAW and has no comments, as this development does not directly impact state highway right of way. Thank you for submitting this EAW to our agency. Please address all future correspondence for • development activity such as plats, site plans, environmental reviews, and comprehensive plan amendments to: Sherry Narusiewicz Mn/DOT - Metro Division Waters Edge 1500 West County Road B -2 Roseville, Minnesota 55113 Please note that Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's review and response to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. Feel free to contact me at (651) 582 -1771 if should have any questions. Sincerely, 0 �4j Paul Czech Senior Transportation Planner/Local Government Liaison • Copy: Mn/DOT Division File — C.S. N/A Mn/DOT LGL — Brooklyn Center An equal opportunity employer • MINNESOTA HISTORICAL SOCIETY STATE HurORIC PRESERVATION OFFICE September 13, 2000 Todd Howard City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: EAW — Palmer Lake Water Quality and Trail Improvement Project T119 R21 S26, 27, 34 & 35, Brooklyn Center, Hennepin County SHPO Number: 2000 -3023 Dear Mr. Howard: Thank you for providing this office with a copy of the EAW for the above - referenced project. It has been reviewed pursuant to responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act and through the process • outlined in Minnesota Rules 4410.1600. There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion, the "no" response to question 25a is appropriate. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, Procedures of the Advisory Council on Historic Preservation for the protection of historic properties., if this project is considered for federal assistance, or requites a federal permit or license, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at (651) 296 -5462 if you have any questions regarding 'our review of this project. txxl incerely, -' Uv� Britta L. Bloomberg Deputy State Historic Preservation Officer • MONTGOMERY WATSON i September 19, 2000 i j Mr. Todd Howard City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 i i SUBJECT: Palmer Lake Water Quality and Trail Improvement Project EAW I I r Dear Mr. Howard: i We have reviewed the above mentioned project EAW and offer the following: i Findings: 1. The purpose of the project is to improve the water quality of Palmer Lake, perform maintenance to allow the storm sewer outfalls to better function to treat and convey water, and to raise trails to prevent flooding and allow better use of the recreational facilities within the park. 2. The channel improvements are proposed to provide 3.3 ac -ft of dead pool storage within a modified two -cell design. Using a CN of 73, this equates to NURP treatment for 70 acres (29% of the drainage area). Skimmers will also be installed at culvert crossings. 3. The filling of 210 sf of WCA jurisdictional wetland will occur due to trail reconstruction near the ballfield pond. I 4. The filling of the stormwater channel within East Palmer Lake Park was not included in area under jurisdiction of WCA since the intent of the area was to create a stormwater channel. It will be claimed exempt under Exemption 5 of the WCA. i 5. 11,320 sf of on site mitigation is proposed. 6. LGU approval by Shingle Creek WMO is required and will be submitted. Waterford Park Te1:612 593 9000 Serving the World's Environmental Needs 505 U.S. Hwy. 169 Fax: 612 593 9975 Suite 555 Minneapolis, Minnesota 55441 Todd Howard -2- September 19, 2000 • Comments: 1. We appreciate efforts to improve water quality within the Shingle Creek watershed. 2. Please submit the appropriate WCA reports at your earliest convenience. Sincerely, MONTGOMERY WATSON David R. Oj a Associate Engineer • • Sep 19 2000 1405 P.01 � wnrN 9 Minncsota Department of Natural Resources q 5tH? Lafayettc Road 10 St. Paul. Minnesota 51155.4() September 19, 2000 Post -it! Fax Note ' 7671 OW � /jg � "p�� s► Z Todd Howard, City Engineer 1 r r'°"FTow �ql City of Brooklyn Center t � Phone �, 6301 Shingle Creek Parkway � Ir /- , 4 4 - ?� Brookl yn Center, MN 55430 F " a# (71031 4P -3 s'Pr ra x -?fL -6 W7 RE: Palmer Lake Water Quality and Trail Improvement Project Environmental Assessment Worksheet (EAW) Dear Mr. Howard: The Department of Natural Resources (DNR) has reviewed the EAW for the Palmer lake Water Quality and Trail Improvement Project. We offer the following comments for your consideration. The EAW correctly notes the need for a DNR Public Waters Permit regarding project related fill e Public Water • d with Palmer Lake which is designat d as Pu i activ associate and/or excavation ty Wetland #27 -59P. This permit will address construction of 1) the West Pond; 2) the East and North Channel Cleanouts; and 3) the Stormwater Fill areas. We take this opportunity to note two (2) issues that will receive particular attention during the permit process, specifically: • Regarding plans to raise (south section) and reconstruct (north and west sides of the balifield) parts of the trail, please be advised that DNR would not support as pert for woodchip fill, or any other fill, into wetland #27 -59P. We recommend moving the trail to the landward side of the ordinary high water (OHW) level (east of the ballfield) and out of Palmer Lake. • A DNR permit will be. needed for the planned excavation marked as "Mitigation Area." It should be noted that generally sites intended for mitigation purposes are located above the OHW. Therefore, be advised that this particular location may not be eligible for consideration as a mitigation area because it is a wetland type conversion from mowed turf to wetland that falls below the OHW. Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement (EIS) based upon natural resource considerations. We look forward to receiving your record of decision and responses to comments submitted on the EAW i at a future date. Minn. Rules part 4410.1700, subparts 4 & 5, require that you send us these DNR Information: 651- 296 -6157 • 1 -888- 646 - 6167 • TTY: 651 -296 -5484 19 1- 800 -657 -3929 An Equal opponunity Employe I� Printed on Reoyded Paper containing a Wbo Valucs Diversity 0 Mirdmum of to% Post - Consumer Waste Sep 19 2000 1406 P.02 Todd Howard, City Engineer September 19, 2000 documents within five (5) days of your decision. Please contact Bill Johnson of my staff at (65 1) 296 -9229 if you have questions regarding this letter. Sincerely, Thomas W. Balcom, Supervisor Environmental Planning & Review Section Office of Management & Budget Services c: Kathleen Wallace Con Christianson Joe Oschwald Russ Peterson, US1: WS Jon Larsen, EQB 4""03'".00M PAL VAWPD S • 2 FROM MCES (TUE) 09. 19' 00 15:42/ST. 15:41/N0, 3560910516 P 2 September 20, 2000 Todd Howard City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, NN 55430 RE: Environmental Assessmcnt Worksheet (EAW) fo,- Pahner Lake Water Quality and Trail improvement Project Metropolitan Council Referral File No. 18352 -1 Metropolitan Council District 2 Dear b4r. Howard: Thank you for submitting the Environmental Assessment Worksheet (EAW) to the Metropolitan Council for review. The Council staff is responsible for reviewing the kAW to determine whc.•ther it adequately and accurately addresses regional concerns. We find that the EAW is complete and raises no major issues of consistency with the Council's regional Policies. An environmental impact statement (EIS) is not necessary for regional purposes. Our staff • offers the following comments for your consideration. The proposed project removes sediment and organic recreational trail around the lake. The city of r000klyn Center s propusi this project for the is a Purpose of improving the water quality of Palmer Lake, maintaining the stone sewer outfalls, and improving recreational facilities within the park. The entire project is approximately three acres in size. Item 12 — Physical Lampacts ou Water Resources The Metropolitan Council's Regional Blueprint includes an action step indicating that the Council will work to protect natural watercourses such as lakes, wetlands, rivers, streams, natural drainage courses and the critical adjoining land areas that affect them, to maintain and improve water quality and quantity, and to preserve their ecological tiwctions. Palmer Lake is a 1 pe 4 wetland that has been used for stormwater management over the years. The proposed project will remove sediment and organic material within the storm sewer outfal)s of the lake to provide pretreatmeirit of stormwater prior to discharge to the main basin of the wetland. In accordance with the Council's policy on wetland protection, the Council generally does not promote activities that impact wetland area. However, this project will maintain the basin's water quality and Protect the wetland's main basin. The EAW states that the excavated spoil taken from the lake would be disposed of properly in a non - wetland, non- floodplairi site. The Council staff concurs with this action and encourages the city to have • the spoils tested before disposing of thane. It is very important that contaminated spoils are not disposed at sites where children play such as public playgrounds and park-;. FROM MCES (TUE) 09. 19' 00 15 :42/ST. 15:41/NO. 3560910516 P 3 • Todd Howard September 20, 2000 Page 2 11em 17 — Water Quality; Surface Water Runoff The proposed channel improvements will provide 3.3 acre -Feet of dead pool storage within a modified two -cell design. A skimmer structure will be placed at the ponding area outlet to provide additional water quality treatment prior to discharge to the main basin. We recommend that the city develop a program to maintain the stormwatcr storage system and a schedule for sediment removal to ensure that the system functions properly. If you have questions about our comments, phase contact Victoria Dupre, principal reviewer, at 651602-1621. Sincerely, Helen Boyer Director, Enviroranentai Services cc: Todd Paulson, Metropolitan Council District 2 Keith Buttlernan, MCES, Director of Environmental Planning and Fvaluation Department Linda Milashius, Metropolitan Council Referrals Coordinator Pbyllis Hanson, Metropolitan Council Sector Representative Judy Sventek, Metropolitan Council Watcrshed Coordinator Ak B.A. Mittelsteadt, P.E. 350 Westwood Lake Office Bret A. Weiss, P.E. iVSAO Peter R Willenbrin P. 8441 Wayzata Boulevard g� • Minneapolis, MN 55426 Donald W. Sterna, P.E. • -__ Ronald B. Bray, P.E. & Associates, Inc. FAX 541 -1700 Memorandum To: Thomas Balcom, Department of Natural Resources Helen Boyer, Metropolitan Council Sherry Narusiewicz, MnDOT - Waters Edge Britta Bloomberg, Minnesota Historical Society David Ojala, Montgomery Watson From: Todd Howard, P.E., City of Brooklyn Center Pete Willenbring,.P.E., WSB & Associates Andrea Moffatt, WSB & Associates Date: September 20, 2000 Re: Palmer Lake Water Quality and Trail Improvements EAW - Response to Comments WSB Project No. 1143 -02 Please find the responses to the comments from Department of Natural Resources, the Metropolitan Council, Minnesota Department of Transportation, the Minnesota Historical Society, and Montgomery Watson that were received in response to the Palmer Lake Water Quality and Trail Improvement Project EAW for Brooklyn Center, MN. The public comment period for this EAW ended September 20, 2000. We appreciate those agencies who commented on the EAW. Comments from the Department Natural Resources 1. Comment: The EAW correctly notes the need for a DNR Public Waters Permit regarding project - related fill and/or excavation activity associated with Palmer Lake, which is designated as Public Water Wetland #27 -59P. This permit will address construction of: 1) the West Pond; 2) the East and North Channel Cleanouts; and 3) the Stormwater Fill area. We take this opportunity to note two issues that will receive particular attention during the permit process, specifically: • Regarding plans to raise (south section) and reconstruct (north and west sides of the ballfield) parts of the trail, please be advised that DNR would not support a permit for woodchip fill, or any other fill into wetland #27 -59P. We recommend moving the ? trail to the landward side of the ordinary high water (OHW) level (east of the ballfield o� and out of Palmer Lake. Response: The trail located on the north and west sides of the ballfield are currently within the OHW. This trail would be converted to woodchips and a paved trail would be moved outside of the OHW. No change to the existing footprint of the existing trail would be altered by this project. Further, a trail of lesser impact (i.e. less weight, less impervious) would replace it. Since no change to the existing conditions related to fill would occur, it is • anticipated that the impact would not change. Recreation opportunities are important to the City, the residents, and the surrounding community of Palmer Lake. Trail flooding has significantly hindered the public's use and Min neap o l i s • S t. C l o u d Infrastructure Engineers Planners F: \WPWQJ \1143 02�092000commeats.wpd EQUAL OPPORTUNITY EMPLOYER • September 20, 2000 Page 2 enjoyment of the area. The landward side of the OHW is still jurisdictional wetland and/or private residential lots. Therefore, either wetland impact would still occur or private property would need to be acquired for the trail. This latter alternative is not an option for the City. Further, using a new footprint would be cost prohibitive. The City appreciates being made aware of the issue and it will be addressed through the permitting process with the DNR. 2. Comment: A DNR permit will be needed for the planned excavation marked as "Mitigation Area ". It should be noted that generally sites intended for mitigation purposes are located above the OHW. Therefore, be advised that this particular location may not be eligible for consideration as a mitigation area because it is a wetland type conversion from mowed turf to wetland that falls below the OHW. Response: To clarify, while the proposed mitigation area is partially within the OHW, the 11,320 sf is the area outside of the OHW. Only credit for wetland creation outside of the OHW is being considered. This should fully address this issue and be further reviewed during the permit process. 3. Comment: Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact assessment (EIS) based upon natural resource considerations. • Response: No response is necessary. Comments from the Metropolitan Council 1. Comment: Item 12 - Phvsical Imnacts on Water Resources The Metropolitan Council's Regional Blueprint includes an action step indicating that the Council will work to protect natural watercourses such as lakes, wetland, rivers, streams, natural drainage courses and the critical adjoining land areas that affect them, to maintain and improve water quality and quantity, and to preserve their ecological functions. Palmer Lake is a Type 4 wetland that has been used for stormwater management over the yp g years. The proposed project will remove sediment and organic material within the storm sewer outfalls of the lake to provide pretreatment of stormwater prior to discharge to the main basin of the wetland. In accordance with the Council's policy on wetland protection, the Council generally does not promote activities that impact wetland areas. However, this project will maintain the basin's water quality and protect the wetland's main basin. The EAW states that the excavated spoil taken from the lake would be disposed of properly in a non - wetland, non -flood lain site. The Council staff concurs with this action and es encoura p g the city to have the spoils tested before disposing them. It is very important that contaminated spoils are not disposed at sites where children play such as public playgrounds and parks. • Response: Spoils will be the responsibility of the contractor and will be handled in an appropriate manner. The City appreciates the support of the Met Council for this project. F:1 W P W IM 1143 - 02 \092000comments.wpd September 20, 2000 Page 3 2. Comment: Item 17 - Water Oualitv : Surface Water Runoff The proposed channel improvements will provide 3.3 acre -feet of dead pool storage within a modified two -cell design. A skimmer structure will be placed at the ponding area outlet to provide additional water quality treatment prior to discharge to the main basin. We recommend that the city develop a program to maintain the stormwater storage system and a schedule for sediment removal to ensure that the system functions properly. Response: A maintenance program has been developed as part of the Palmer Lake Basin Water Resources Studv (April 1999) to ensure that the system functions as designed. Comments from the Department of Transaortation 1. Comment: The Minnesota Department of Transportation has reviewed the above - referenced EAW and has no comments, as this development does not directly impact state highway right - of -way. Response: No response is necessary. Comments from the Minnesota Historical Societv 1. Comment: There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our opinion, the "no" response to question 25a is appropriate. Response: No response is necessary. Comments from Monteomery Watson 1. Comment: We appreciate the efforts to improve water quality within the Shingle Creek watershed. Please submit the appropriate WCA reports at your earliest convenience. Response: Appropriate permit applications will be submitted for agency review within the next week. This concludes the responses to comments generated from the public comment period for the EAW. The City appreciates the input received as part of this process. If you have questions, please contact Todd Howard at (763) 569 -3300 or Andrea Moffatt at (763)5414800. • FAWP DA1143- 02 \092000comments.wpd s CITY OF BROOKLYN CENTER In the matter of the Decision on the FINDINGS OF FACT Need for an Environmental Impact AND CONCLUSIONS Statement (EIS) for the Palmer L e Water Quality and Trail Improvement Project, Brooklyn Center, MN. The City ofBrooklyn Center has proposed to remove sediment and organic material within the storm sewer outfalls of Palmer Lake and provide pretreatment of stormwater prior to discharge to the main basin of the wetland. Approximately 10,235 cubic yards of material is anticipated to be removed between - 2 to 7 feet below the existing ground elevation. This project also proposes to fill 3,560 sf of existing stormwater channel and fill 3,730 sf of wetlands associated with the trail raising around Palmer Lake. Pursuant to Minn. R. 4410.4300, subp. 27, the City of Brooklyn Center has prepared an Environmental Assessment Worksheet (EAW) for this proposed project. As to the need for an Environmental Impact Statement (EIS) for the project and based on the record in this matter, including he EAW and g comments received, the City of Brooklyn Center makes the following Findings of Fact and Conclusions: FINDINGS OF FACT I. PROJECT DESCRIPTION • A. Project The project proposes the removal of 10,235 cubic yards of material located within the outfalls of Palmer Lake for maintenance and water quality treatment. Approximately 7,290 sf (US Corps Jurisdiction), 5,5530 sf (DNR jurisdiction), and 3,730 (LGU jurisdiction) of wetland will be filled for this project. B. Project Site The proposed project is within the City owned Palmer Lake property in Brooklyn Center. The work is proposed to occur on the west side of Palmer Lake at the Urban Avenue storm sewer outfall, in East Palmer Lake Park and the associated storm sewer outfalls, and the outfall at 73' Avenue in the northeast portion of the property. II. PROJECT HISTORY A. The project was subject to the mandatory preparation of an EAW under Minnesota R. 4410.4300, subp. 27. B. An EAW was prepared forthe proposed project and distributed to the Environmental • Quality Board (EQB) mailing list and other interested parties on August 10, 2000. C. A press release containing the notice of availability of the EAW for public review was provided to media serving the project area the week of August 10, 2000. FAWPWIM 1143 -02I FOF. %Vd • D. The EAW was noticed in the August 21, 2000 EQB Monitor. The public comment period ended on September 20, 2000. Comment letters were received from the Department of Natural Resources, Metropolitan Council, Department of Transportation, Minnesota Historical Society, and Montgomery Watson. Copies of the letters are hereby incorporated by reference. Responses to the comments are also incorporated by reference. III. CRITERIA FOR DETERMINING THE POTENTIAL FOR SIGNIFICANT ENVIRONMENTAL EFFECTS Minnesota R.4410.1700, subp. 1 states that "an EIS shall be ordered for projects that have the potential for significant environmental effects." In deciding whether a project has the potential for significant environmental effects, the City must consider the four factors set out in Minnesota R.4410.1700, subp. 7. With respect to each of these factors, the City fords as follows: A. TYPE, EXTENT, AND REVERSIBILITY OF ENVIRONMENTAL EFFECTS The first factor that the City must consider is "type, extent and reversibility of environmental effects," Minnesota R.4410.1700, subp. 7.A. The City's findings with respect to each of these issues are set forth below. 1. The type of environmental impacts and mitigation efforts anticipated as art P g P P of this project include: a. Impact to the wetland during construction from vegetation removal, dredging, and trail construction. This is proposed to be mitigated by performing the sediment removal in a manner that disturbs the least amount of trees as feasible. Impacts to the wetland from fill will be mitigated on -site in East Palmer Lake Park. Disturbed areas will be restored with seeding and/or planting of live material. e. This project is anticipated to improve the water quality of the water within the main basin of the wetland by providing better pretreatment at the stormsewer outfalls. 2. The extent of impacts are anticipated to be temporary in nature. Disturbed areas will be restored and impacts to the wetland will be mitigated onsite through adjacent wetland creation/restoration. B. CUMULATIVE POTENTIAL EFFECTS OF RELATED OR ANTICIPATED FUTURE PROJECTS . The second factor that the City must consider is "the cumulative potential effects of related or anticipated future projects ", Minnesota R.4410.1700. supb. 7.B. The City's findings with respect to this factor are set forth below. 1. Past projects at Palmer Lake include the construction of 69' Avenue and the replacement of the culvert. i • 2. Future projects could involve additional water quality improvement measures and sediment removal in the main basin of the wetland. These options were investigated in the "Palmer Lake Basin Water Resources Study" in April, 1999. These types of projects would have temporary impacts on the wetland during construction. The intent of these projects would be to improve the water uali of w q ty water leaving the wetland and providing additional storage capacity within the wetland to alleviate surrounding flooding problems. C. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS ARE SUBJECT TO MITIGATION BY ONGOING PUBLIC REGULATORY AUTHORITY 1. The following permits or approvals will be required for the project: PP q P J Unit of Government Permit or Approval Reauired Federal: US Army Corps of Engineers 4 Section 404 Permit State: DNR 4 Work in Protected Waters • MPCA 4 Section 401 Water Quality Certification (To note: The EAW stated that an NPDES permit would be required. However, the project is not anticipated to impact more than 5 acres. Therefore, this type of permit would not be required.) Local: Shingle Creek WMO 4 LGU Approval Hennepin County SWCD 4 Plan Review City 4 Final plan approval 2. The City of Brooklyn Center finds that the potential environmental affects of the project are subject to mitigation by ongoing regulatory authorities such that an EIS need not be prepared. D. THE EXTENT TO WHICH ENVIRONMENTAL EFFECTS CAN BE ANTICIPATED AND CONTROLLED AS A RESULT OF OTHER ENVIRONMENTAL STUDIES UNDERTAKEN BY PUBLIC AGENCIES OR THE PROJECT PROPOSER, OR OF EISs PREVIOUSLY PREPARED ON SIMILAR PROJECTS. • The fourth factor that the City must consider is "the extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies or the project proposer, or of EISs previously prepared on similar projects," Minnesota R.4700.1700, subp. 7.D. The City's findings with respect to this factor are set forth below: �i The environmental impacts of the proposed project have been addressed in the following plans prepared by the City: 1. Palmer Lake Basin Water Resources Study, 1999 2. City or Brooklyn Center Comprehensive Stormwater Management Plan The City finds that the environmental effects of the project can be anticipated and controlled as a result of the environmental review, planning, and permitting processes. CONCLUSI ®NS The e aration of the Palmer lake Water Quality d ail Improvement pr p Qu ty an Tr Protect EAW and comments received on the EAW have generated information adequate to determine whether the proposed project has the potential for significant environmental effects. The EAW has identified areas where the potential for significant environmental effects exist, but appropriate mitigative measures have or will be incorporated into the project plan and/or permits. The project is expected to comply with all the City ofBrooklyn Center standards and review agency standards. Based h on the criteria established in Minnesota R.4410.1700, the potential project does not have the • p J P for significant environmental effects. Based on the Findings of Fact and Conclusions, the project does not have the potential for significant environmental impacts. An Environmental Impact Statement is not required. F:\WPVnM 1 143 -02\FOF.wpd Palmer Lake Water Quality and Trail Improvement'Pro - - r �$ i I« City of Brooklyn Center -- --' c% Todd Howard 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 EQB Publication Date: August 7, 2000 - 350 Westwood Lake Office EAW Comment Deadline: September 6, 2000 WSB 8441 Wayzata Boulevard Minneapolis, MN 55426 - 612 - 5414600 & Associates, hic. FAX 541 -1700 INFRASTRUCTURE - ENGINEERS - PLANNERS WSB Project No. 1143 -02 ENVIRONMENTAL ASSESSMENT WORKSHEET Note to preparers: This form is available at www.mnplan.state.mn.us. EAW Guidelines will be available in Spring 1999 at the web site. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared. The project proposer must supply any reasonably accessible data for — but should not complete — the final worksheet. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30 -day comment period following notice of the EAW in the EQB Monitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project title Palmer Lake Water Oualitv and Trail Improvement Proiect 2. Proposer Citv of Brooklvn Center 3. RGU Citv of Brooklvn Center Contact Person Todd Howard Contact Person Todd Howard Title Citv Engineer Title Citv Engineer Address 6301 Shingle Creek Parkwav Address 6301 Shingle Creek Parkwav City, State, Zip Brooklvn Center. MN 55430 City, State, Zip Brooklvn Center, MN 55430 Phone (763)569 -3300 Phone (763)569 -3300 Fax (763)569 -3494 Fax (763)569 -3494 • E -mail E -mail 4. Reason for EAW preparation (check one) EIS scoping Mandatory EAW X Citizen petition RGU discretion Proposer volunteered If EAW is mandatory give EQB rule category subpart number 4410.4300. subv. 27 and subpart name Wetlands & Protected Waters 5. Project location County Hennepin Countv City / Township Brooklvn Center Section 26.27.34.35 Township 119N Range 21W Attach each of the following to the EAW: ■ County map showing the general location of the project (Figure 1, Appendix A); ■ U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy acceptable); (Figure 2, Appendix A) ■ Site plan showing all significant project and natural features (Figure 3, Appendix A). 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The Palmer Lake Water Quality and Trail Improvement Project consists of approximately 53,000 sf of sediment removal and excavation around the perimeter of the basin at the storm sewer outfalls. This project also involves the reconstruction of 3,205 linear feet of trail around the Lake. This project involves wetland excavation and filling. b. Give a complete description of the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation of the environment or will produce wastes. Include modifications to existing equipment or industrial processes and significant demolition, removal or remodeling of existing structures. Indicate the timing and duration of construction activities. 1 F:%WPW I143- 02\EAW.wpd • The Palmer Lake Water Quality and Trail Improvement Project has been developed in an effort to improve the water quality of Palmer Lake and its tributary water bodies. This project is the result of a study that was completed by the City in 1999 that, in part, outlined potential projects that could address water quality issues within the basin. Palmer Lake is DNR Public Water (59P) and has an Ordinary High Water Level (OHW) of 842.8. Palmer Lake is a Type 4 wetland and is approximately 2 -4 feet deep in the center portion of the basin. This project proposes to remove sediment and organic material within the storm sewer outfalls of Palmer Lake and provide pretreatment of stormwater prior to discharge to the main basin of the wetland. During the 1999 study, it was noted that many of the outfalls were impacted by sediment deposition and that removing this sediment would allow the outfall channels to treat water more effectively and allow cleaner water to reach the main basin. The project proposes to the remove 10,235 cubic feet of material at the storm sewer outfalls as shown on the Figure 3 in Appendix A. The depth of the sediment removal is proposed to range from 2 -6 feet. Spoils from the project will be disposed of properly in a non - wetland, non- floodplain area as determined by the contractor. This project also proposes to fill 3,651 sf of existing stormwater pond and fill 3,730 sf of wetland associated with raising the trail located around East Palmer Lake Park as shown on Figure 3 in Appendix A. Those portions of existing trail which are to be converted to wood chips or will not change the grade of the landscape are not included in the calculation for impact since wetlands will not be filled as part of this work. Construction will be accomplished through the use of bulldozers, backhoes, and trucks. Potentially toxic materials include petroleum products to be used by the construction equipment. However, contamination potential is no greater than at comparable dredging and construction sites. Construction is anticipated to be completed during the winter of 2000/2001. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. This project is being proposed by the City of Brooklyn Center. The purpose of this project is to improve the water quality of Palmer Lake, perform maintenance to allow the storm sewer outfalls to better function to treat and convey water, and to raise trails to prevent flooding and allow better use of the recreational facilities within the park. It is anticipated that this project . will benefit the residents around Palmer Lake and those that use the area for recreation. Downstream water bodies, including Shingle Creek and the Mississippi River, will also benefit by cleaner water being directed downstream. d. Are future stages of this development including development on any outlots planned or likely to happen? ■ Yes 0 No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. The study completed in 1999 outlined a variety of options and project to address water quality and high water levels within Palmer Lake. As funding is available, other water quality projects may be implemented. The purpose of these projects would be to benefit water quality, local residents, and downstream water bodies. e. Is this project a subsequent stage of an earlier project? 0 Yes ■ No If yes, briefly describe the past development, timeline and any past environmental review. 7. Project magnitude data Total Project acreage amwoximately 3.0 acres Number of residential units: unattached N/A attached N/A maximum units per building N/A Commercial, industrial, or institutional building area (gross floor space); total square feet N/A Indicate areas of specific uses (in square feet): Office N/A Manufacturing N/A Retail N/A Other industrial N/A • Warehouse N/A Institutional N/A Light industrial N/A Agricultural N/A 2 FAWPWINM1143- 02\EAW.wpd I . Other commercial (specify) N/A Building height N/A If over 2 stories, compare to heights of nearby buildings 8. Permits and approvals required. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. Unit of government TVDe of aDDlication Status Federal US Army Corps of Engineers Section 404 Permit To be submitted State Minnesota DNR Work in Protected Waters/Wetlands To be submitted Minnesota DNR Temporary Dewatering Permit To be submitted, if needed MPCA NPDES- General Construction Permit To be submitted MPCA Section 401 Certification for Water To be submitted Quality MPCA SDS Permit To be submitted, if needed Local • Shingle Creek WMO LGU Approval To be submitted Hennepin County SWCD Plan review To be submitted 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Discuss project compatibility with adjacent and nearby land uses. Indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. Past Land Use Past land use within and around Palmer Lake included agricultural activities and rural development. In the 1930's, portions of the basin were used for agriculture. Shingle Creek flowed through the wetland. Current Land Use Urban residential surrounds the wetland. The wetland is used for passive, water -based recreation such as walking, biking, and wildlife observation. Shingle Creek continues to flow through Palmer Lake. The spoil material is anticipated to be typical of an urban wetland and no soil contamination or abandoned storage tanks are anticipated to be within the site. i 10. Cover types. Estimate the acreage of the site with each of the following cover types before and after development: Before After Before After Types 1 -8 wetlands 2.15 acres 2.4 acres Lawn/landscaping 0.45 acres 0.15 acres Wooded/forest Impervious surfaces Brush/Grassland Other (describe) Trail 0.40 acres 0.45 acres Cropland 3 F: \WPWIN\1143- 02\EAW.wpd i • TOTAL 3.0 acres 3.0 acres If Before and After totals are not equal, explain why: Item #10 describes the estimate of cover types only within the project limits. 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. Palmer Lake is Type 4 wetland with typical depths of 2 to 4 feet in the main portion of the wetland. There are a number of wildlife resources within the project site including waterfowl and deer. The major fish species present within Palmer Lake is carp. Portions of the site are contain mature cottonwood, box elder, buckthorn, and aspen, which are typical of an urban, wooded area. Silt fence will be used to minimize the impacts of sedimentation during construction. The area will be seeded and mulched after disturbance to provide permanent erosion and sedimentation control measures. The project has been designed to reduce the amount of tree removal while still providing sediment removal and treatment areas. Further, the project will be completed during the winter months to reduce the impact to the wildlife. b. Are any state - listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? ■Yes ❑ No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: ES #990348 . Describe measures to minimize or avoid adverse impacts. The DNR Natural Heritage Database has been contacted. Most occurrences of state - listed species or rare plant communities are associated with the Mississippi River. It is likely that Shingle Creek acts as a travel corridor from the River to Palmer Lake and beyond. Further, a Blanding's Turtle was observed in 1988 within the Palmer Lake area. If Blanding's turtles are encountered during construction, they will be moved to a more suitable location where disturbance is not occurring within the wetland. This project is not anticipated to impact the travel corridor since work will be conducted on the fringes of the wetland and work will be completed during the winter months. The letter from the DNR is included in Appendix B. 2. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, and impoundment) of any surface waters such as a lake, pond, wetland, stream or drainage ditch? EYes DNo If yes, identify water resource affected and give the DNR Protected Waters Inventory number(s) if the water resources affected are on the PWI: DNR Number 59P Describe alternatives considered and proposed mitigation measures to minimize impacts. The project proposes to excavate the following jurisdictional areas of wetland (these areas show each jurisdictions regulatory impact individually): DNR Jurisdiction (below the OHW): Fill: 5,530 sf Excavate: 52,679 sf (area includes 12,190 sf of the mitigation area) WCA Jurisdiction (between the and the delineation): Fill: 210 sf US Corps of Engineers Fill: 7,381 sf Excavate: 54,808 sf Areas that are exempt from the above calculations include the existing 7,600 sf of bituminous trail that is being converted • to wood chip trail within East Palmer Lake Park. No change to the trail footprint is being proposed and since the areas is currently non - wetland, converting to wood chip will not constitute a wetland impact. The proposed new wood chip trail (6,200 sf) along the north bank of the west outlet channel has also not been included in the impact since this work will not change the grade of wetland in that area and will be used for access and maintenance purposes. The filling of the stormwater pond within East Palmer Lake Park has been included in the US Corps of Engineers impact for the total area 4 F: \WPWIN\1143- 02\EAW.wpd • (3,651 sf) and the area below the OHW (2,010 sf) for the DNR This pond was not included in the area under jurisdiction of the WCA since the intent of the area was to create a stormwater pond and is exempt under Exemption 5 of the WCA. The impact to the wetland has been minimized by limiting the location of activity to the storm sewer outfalls where excessive amounts of sediment have accumulated. Attempts have been made to conduct sediment removal while disturbing the least amount of wooded area. Mitigation measures have been incorporated into the design such as constructing primary and secondary treatment areas and installing skimmers at culvert crossings (see Appendix A). Excavation has been minimized the greatest extent feasible while still allowing adequate treatment for the surrounding area. Consideration has been given to providing treatment outside and upstream of the basin. However, due to the fully developed nature of the basin's subwatershed, this option is not feasible nor cost effective. Based on the above outlined filling, 11,060 sf of on -site mitigation through wetland creation is proposed as shown in Appendix A. 13. Water use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? ■Yes ❑ No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. It is likely that this project will require temporary dewatering for construction. A permit application will be submitted to the DNR for this work. 14. Water - related land use management district. Does any part of the project involve a shoreland zoning district, a delineated 100 -year flood plain, or a state or federally designated wild or scenic river land use district? ■Yes ❑ No If yes, identify the district and discuss project compatibility with district land use restrictions. The 100 -year floodplain of Shingle Creek is elevation 846.0. Much of the excavation is proposed within the floodplain. Approximately 337 cubic yards of fill in the floodplain is proposed by this project. Therefore, 10,235 cubic yards of area will be excavated at the 846 elevation to compensate for this loss (see Figure 3 in Appendix A). 15. Water surface use. Will the project change the number or type of watercraft on any water body? ❑Yes ■ No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. Palmer Lake is too shallow for the majority of the year to be used by any type of watercraft. 16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres 3.0 ; cubic yards 12.000 . Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. The soils within and around the basin are mucky, organic material. Erosion and sedimentation measures to be used during construction include the use of silt fence and floating silt curtain. Disturbed areas will be restored by seeding and/or sodding. 17. Water quality: surface water runoff' a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. The drainage area to the storm sewer outfall on the west side of Palmer Lake at Urban Avenue and W. Palmer Lake Drive is 238 acres. This area is developed with residential and commercial land uses. The proposed channel improvements on the west side will provide 3.3 acre -feet of dead pool storage within a modified two -cell design. Using a curve number of 73, the channel improvements are proposed to provide NURP treatment for 70 acres (29% of the drainage area). In terms of NPDES treatment, the channel improvements will treat 80 acres (34% of the drainage area). A skimmer structure will be placed at the ponding area outlet to provide additional water quality treatment prior to discharge to the main basin. • The storm sewer outfalls within the basin currently provide the only treatment prior to stormwater discharge to Palmer Lake. Due to the fully developed nature of the watershed, providing treatment upstream of Palmer Lake is not feasible. Therefore, improving the existing channels and removing the existing sediment will provide more treatment than the water currently received prior to discharge to the main lake and then downstream to Shingle Creek and the Mississippi River. 5 FAWPWIMI 143- 02\EAW.wpd i r The storm sewer outfalls on the east side of Palmer Lake will be cleaned out to improve the treatment capabilities of these areas. b. Identify routes and receiving water bodies for runoff from the site; include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. Water is drained from Palmer Lake via Shingle Creek. Shingle Creek discharges to the Mississippi River. The intent of this project is to improve the water quality entering the main basin of Palmer Lake; therefore, it is anticipated that this project will improve the quality of water being discharged to Shingle Creek and the Mississippi River from that portion of the drainage area in Brooklyn Center. 18. " Water quality: wastewaters a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. Not applicable. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on -site sewage systems, discuss the suitability of site conditions for such systems. Not applicable. c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. Not applicable. d. If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. Not applicable. 19. Geologic hazards and soil conditions a. Approximate depth (in feet) to ground water: 0 feet minimum 0 to 1 feet average to bedrock: 51 to 100 feet minimum 101 to 150 feet average Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. These geologic site hazards are not present within the site. b. Describe the soils on the site, giving MRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. Based on information within the Soil Survev : Henneain Countv, the soils within the project area are classified as marsh. This land generally consists of deep peaty muck. These soils are very poorly drained. The only contamination hazard would be from petroleum products from the construction equipment. However, contamination potential is no greater than at comparable dredging and construction sites 20. Solid wastes, hazardous wastes, storage tanks a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure, sludge and ash, produced . during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. 6 FAWPWIMI 143- 02\EAW.wpd • Not applicable. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. Not applicable c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. Not applicable 21. Traffic. Parking spaces added N/A . Existing spaces (if project involves expansion) N/A . Estimated total average daily traffic generated N/A . Estimated maximum peak hour traffic generated (if known) and time of occurrence N/A . Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. Not applicable. 22. Vehicle - related air emissions. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EAW Guidelines about whether a detailed air quality analysis is needed. Not applicable. 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EAW Guidelines for • a listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone - depleting chemicals (chloro- fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. Not applicable. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? ❑Yes ❑No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) It is anticipated that minimal fugitive dust will be generated by the project due to the saturated nature of the soils. Noise will be generated by the construction equipment. However, construction hours will be limited to 7:00 am to 10:00 pm on weekdays and 8:00 am to 10:00 pm of Saturdays.. 25. Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? ❑ Yes ❑ No Prime or unique farmlands or land within an agricultural preserve? ❑ Yes ■ No Designated parks, recreation areas or trails? ■ Yes ❑ No Scenic views and vistas? ❑ Yes ■ No Other unique resources? ❑ Yes ■ No If yes, describe the resource and identify any project - related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. The Minnesota State Historical Office has been contacted regarding archaeological resources within the project site. Once this information is available, it will be included in Appendix B. Palmer Lake has a walking/biking trail around its perimeter and • two parks will ball fields located on the west and east side of the wetland. The intent of this project is to improve the trail system within these parks as well as improve water quality. 26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? ❑ Yes ■ No 7 F: \WPWM1143- 02\EAW.wpd If yes, explain. 7. Compatibility with plans and land use regulations. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other applicable land use, water, or resource management plan of a local, regional, state or federal agency? ■ Yes ❑ No. If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resolved. If no, explain. This project is subject to the City of Brooklyn Center Water Resource Management Plan and Comprehensive Plan. This project is also subject to local, state, and federal wetland regulations. This project is in conformance with these plans and regulations and will be reviewed through the permitting process. 28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? ❑ Yes ■ No. If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines for details.) 29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate item(s) elsewhere on this form). Past projects within and around the basin include the construction of 69' Avenue and the replacement of the box culverts under 69 Avenue. Future projects may involve dredging within the main basin, additional trail improvements, and additional water quality improvement measures. The cumulative impact of these projects would be to enhance the resource by improving water quality, improving water flow through the wetland, and improving the recreational resources around the lake with regional trail connections. 40 0. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items 1 to 28, identify and discuss them here, along with any proposed mitigation. Not applicable. 31. Summary of issues. Do not complete this section if the EAW is being done for EIS scoping, instead, address relevant issues in the draft Scoping Decision document, which must accompany the EAW. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. Impacts associated with this project involve the fill of 7,381 sf (based on the US Corps jurisdiction) of wetland with 5,5530 sf being below the OHW. This project also involves the excavation of 10,235 cubic yards of material from the wetland. The filling impact will be mitigated by creation of additional wetland on -site and addressed through the permit process. RGU CERTIFICATION. The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60, respectively. • Copies of this EAW are being sent to the entire EQB distribution list. Signature Date Title 0 nvironmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at Minnesota Planning. For additional information, worksheets or for EAW Guidelines, contact: Environmental Quality Board, 658 Cedar St., St. Paul, MN 55155, 651- 296 -8253, or www.mnplan.state.mn.us 8 F: \WPWIMI143- 02\EAW.wpd # HENNEPIN COUNTY 94 1 55 94 12 394 PROJECT LOCATION I 494 PALMER LAKE WATER QUALITY AND TRAIL IMPROVEMENT PROJECT BROOKLYN CENTER, MINNESOTA FIGURE 1 Iii Park y a WPL, n y d _ . wQ tr. 7Tii (,� '1' _ {, � ..r ►ter �� -IS � , ^'•� �1�� , rr�J... .•�i i All LAP ro. r - � �,� , �"'�•�. x �� S .- ��.e -- st.. - .I, 3 - - �rc7' -� � v = �:: ,.. t j { I � '� �' y � ' } All s \< ft I t + r",��.•xa'4_S`z�r %`� h �Sirf .._� -¥ .,Iti< r id e � dr a s rtt c -,s F 71 ; ;tYIFL tie • ; 'Y0. ; `;�, Q1 rk,'• .. ", ':, , -gin. t ... � � 4 e r -d "gr',. ru I 6 ? - • � �:ti�z;: �,,•.,s.�;:: � '� �'.,�� :�`:. ��i"< !( fie('-- ^—",.. ..q � _ � '- � y.k`n:. -� :. a � T'`g.'a. stn':.... �•' � � 5 .`Ey,'� ,j[ �'T tfl P ,'�, `X.v'' .:._ Y. -.: Nn -: • - Fti.i { p,�,� [ ��`�/ s '�� '. � ^`+ � r ��•�, j J }jj � ! ' f�,:s * <�Y,: `- rte• ".�; <5�,.. �.- PALMIER LAKE WATER QUALITY AND TRAIL IMPROVEMENT PROJECT BROOKLYN CENTER, MINNESOTA FIGURE 2 YYDOOCF3P - - TRAIL .. ............ .. 3 1 70 VARIES _ 10 1 f It a CREATE EMERGENT 1 r VEGETATION NOT TO SCALE TOT CROSS SECTION A-A SENCH ag � $I -- -------- ----- ---- - -- - -- -- - year FI dplain Elev. = 846.0 Tn a , • _ a 100 00 � ~I ;) C --- -- 0 30 So q F- a; ------- ------- ------ -- -- -------- - - ---- 845-- -- :It' ' • ' "" _ - �-- �� - - -"- - - -- �~ OHW Elev. - 842.8 t p ---------------------- DEULNEATED --WET AND - -- ----------------- EDGE - - -- - - W , , , -- - -- , • . �� ` - - YYaODCWP _ „ _ W, - „ `. • 1 -. _ _ ----- _ _ Ir , N • • `� \ \ \\ ` � 9 ,5, a i 4 � �� LrE S , 100 - yeor Floodplain Elev. = 846.0 �~ A .i OHW Elev. = 842.8 J GRADING PLAN -VYEST POND SHEET 3 OF B SHEETS Trail Raise — 300 LF Total Impacted Area = 4528 sq. ft. _ Impacted Area Below OHW = 3520 sq.vft• a Wetland Area Above OHW =.210 sq. iff. e s - - - - - - -- - 11 "Wet I and M i t i gat i q a �$ tal Imp te'd Area — 20,280 S Impp tad Ar OHW = 9140 s'q ° Rep I act nt W t anQ A @a= 1 1.140 sq. - \ —� - - a 50 100 I I OHW E I V. — .8-7 �,_ - W E , a 0 100 — year F I oodp I a i n Elev. — 842.8 \� '' •, - - -' t ` % 1 '/ '\ �'� - . ..... 04 \ ; IL 1 T, a Stormwater Channel Fall ( Total Impacted Area = 6400 sq. ft. 4 \�I� "§ Impacted Area Below OHW = 2010 sq. ft. SI a s ' I GRADING PLAN - aALLFIELD AREA 1SHEET 4 OF 9 SHEE' .:%1x3 -023%C e\®s.aa, - ---- ------- - o aG a v 6 -- - CIb _ -- ------ `�, y i 0 • c w,w..m 66 .a PALMER LAKE I K .. >,K. > , ..m +I..w BASIN IMPROVEMENTS • Appendix B 10 F:\WPWIN\1143- 02 \EAW.wpd OF MIN, Minnesota Department of Natural Resources • m w y Natural Heritage and Nongame Research Program, Box 25 yQ J 500 Lafayette Road St. Paul, Minnesota 55155 =40_ �FNATUaP Phone: (651) 296 -8319 Fax: (651) 296-1811 E -mail: karen.cierninski @dnr.s=e.mn.us EEIEft LD January 26, 1999 E :r Andrea Moffat WSB & Assoc., Inc. V � '"T"t A 9 Q G I AT 2 350 Westwood Lake Office 8441 Wayzata Blvd. Minneapolis, MN 55426 Re: Request for Natural Heritage information for vicinity of proposed Palmer Lake Basin Study; Hennepin County; T119N R21W S.26,27,34,35. Dear Ms. Moffat, Please note that the location description that was submitted on the Information Request Form did not match the project area outlined on the map that was submitted with the form. The enclosed search results are for the area indicated on the map. The Minnesota Natural Heritage database has been reviewed to determine if any rare plant or animal species or other significant natural features are known to occur within an approximate one -mile radius of the area indicated on the map enclosed with your information request. Based on this review, there are 6 known occurrences of rare species or natural communities in the area searched (for details, see enclosed database printout and explanation of selected fields). The printouts represent the most current information on the locations of rare species and natural communities in the planning area, and can serve as a valuable planning tool to help minimize negative impacts to these rare features. I have enclosed fact sheets specific to those rare features found in your planning area. The Natural Heritage database is maintained by the Natural Heritage and Nongame Research Program, a unit within the Section of Ecological Services, Department of Natural Resources. It is continually updated as new information becomes available, and is the most complete source of data on Minnesota's rare or otherwise significant species, natural communities, and other natural features. Its purpose is to foster "better understanding and protection of these features. Because our information is not based on a comprehensive inventory, there may be rare or otherwise significant natural features in the state that are not represented in the database. A county-by- county survey of rare natural features is now underway, and has been completed for Hennepin County. Our information about natural communities is, therefore, quite thorough for that county. However, because survey work for rare plants and animals is less exhaustive, and because there has not been an on -site survey of all areas of the county, ecologically significant features for which we have no records may exist on the project area. The enclosed results of the database search are provided in two formats: index and full record. To control the release of locational information which might result in the damage or destruction of a • rare element, both printout formats are copyrighted. The index provides rare feature locations only to the nearest section, and may be reprinted, unaltered, in an Environmental Assessment Worksheet, municipal natural resource plan, or internal DNR Information: 612 -296 -6157, 1- 800 - 766 -6000 • TTY: 612 -296 -5484, 1- 800 - 657 -3929 An Equal Opportunity Employer 4% Printed on Recycled Paper Containing a Who Values Diversity 40 Minimum of 10 %n Post - Consumer Waste report compiled by your company for the project listed above. If you wish to reproduce the index for • any other purpose, please contact me to request written permission. Copyright notice for the index should include the following disclaimer: "Copyright (year) State of Minnesota, Department of Natural Resources. This index may be reprinted, unaltered, in Environmental Assessment Worksheets, municipal natural resource plans, and internal reports. For any other use, written permission is required." The full- record printout includes more detailed locational information, and is for your personal use only. If you wish to reprint the full- record printouts for any purpose, please contact me to request written permission. Please be aware that review by the Natural Heritage and Nongame Research Program focuses only on rare natural features. It does not constitute review or approval by the Department of Natural Resources as a whole. An invoice for the work completed is enclosed. You are being billed for map and database search and staff scientist review. Please forward this invoice to your Accounts Payable Department. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, 4" / d�"_ Karen L. Cieminski Data Manager / Ecologist . encl: Database search results Natural Heritage Database Print -Outs Fact sheets: waterwillow, floodplain forest, bald eagle, Blanding's turtle Invoice ES# 990348 • PALMER LAKE BASIN STUDY; HENNEPIN COUNTY; T119N R21W 5.26,27,34,35 Minnesota Natural Heritage Database 21:14 Thursday, DECEMBER 17, 1998 1 Element Occurrence Records MnDNR, Natural Heritage and Nongame Research Program Copyright 1998 State of Minnesota DNR TWP RNG PRIMARY FED MN S RANK ELEMENT and OCCURRENCE NUMBER MANAGED AREA SECTION STATUS STATUS T118N R21W 03 SPC DECODON VERTICILLATUS (WATERWILLOW) #1 T119N R21W 11 S2 FLOODPLAIN FOREST #32 MISSISSIPPI NATL RIVER RECREATION AREA T119N R21W 25 LT SPC HALIAEETUS LEUCOCEPHALUS (BALD EAGLE) #1547 ANOKA COUNTY RIVERFRONT REGIONAL PARK T119N R21N 26 THR EMYDOIDEA BLANDINGII (BLANDING'S TURTLE) #338 T119N R21N 36 COLONIAL WATERBIRD NESTING SITE #809 ANOKA COUNTY RIVERFRONT REGIONAL PARK T119N R21W 36 S2 FLOODPLAIN FOREST #40 ANOKA COUNTY RIVERFRONT REGIONAL PARK RECORDS PRINTED 6 I I City Council Agenda Item No. 9b its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF RON RAUCHLE FOR HIS YEARS OF DEDICATED PUBLIC SERVICE WITH MN /DOT WHEREAS, completion of the TH 100 Reconstruction Project has been a high priority for the Brooklyn Center City Council for many years; and WHEREAS, Ron Rauchle, Mn/DOT project engineer, has diligently and diplomatically worked with the cities, businesses, and residents in the corridor to design and advance a project,which addresses both regional transportation needs as well local concerns, all the while keeping the project on schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn • Center, Minnesota that the dedicated public service of Ron Rauchle and his work for Mn/DOT, local agencies, and the public in advancing the TH 100 Reconstruction Project is hereby recognized and appreciated. 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.