HomeMy WebLinkAbout1998 04-13 CCP Regular Session Public Copy
CITY COUNCIL MEETING
City of Brooklyn Center
April 13, 1998 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.
-Flag ceremony by Cub Scout Pack 544.
3. Call to Order Regular Business Meeting
4. Roll Call
5. Council Report
6. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from the consent agenda and
considered at the end of Council Consideration Items.
a. Approval of Minutes
- Councilmembers not present at meetings will be recorded as abstaining from the vote
i
on the minutes.
1. March 16, 1998 - Special Work Session
2. March 23, 1998 - Regular Session
�. March 30, 1998 - Special Work Session
b. Resolution Approving Specifications for Requests for Proposals for Custodian of
Investments
C. Resolution Authorizing the Purchase of One Front End Loader
d. Resolution Rescheduling Improvement Project and Special Assessment Hearings,
Improvement Project No. 1998 -07. Street Improvements, Lee & 68th Avenues, 1998 -
40 18, Street Improvements. John tilartin Drive, and 1998 -19, Street Improvements,
CITY COUNCIL AGENDA -2- April 13, 1998
James & 67th Avenues
e. Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1998 -08,
Contract 1998 -C, Reforestation of 1997 Street Improvement Project Areas
f. Resolution Establishing Improvement Project No. 1998 -26, Contract 1998 -G,
Relocation of 16" Water Main and Appurtenances at West Fire Station, Accepting
Engineer's Feasibility Report, Approving Plans and Specifications and Authorizing
Advertisement for Bids
Licenses
7. Public Hearings
a. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land
-This item was first read on March 23, 1998; published in the official newspaper on
April 1, 1998, and is offered this evening for a second reading and public hearing. It
relates to Extended Stay America, southeast quadrant of Xerxes Avenue North and
Freeway Boulevard.
-Requested Council Action:
-Open the public hearing.
-Take public input.
-Close the public hearing.
- Motion to table ordinance until final plat has been filed with Hennepin County.
8. Planning Commission Items
a. Planning Commission Application No. 98006 Submitted by Budget Car and Truck
Rental. Request for Special Use Permit amendment to expand the car rental operation
at the Sears Automotive Center (Brookdale) to include trucks and to expand the
location for inventory on the site. The Planning Commission recommended denial of
the application submitted by Budget Car and Truck Rental to expand the extent and
location of inventory parking on the grounds that Standard E of Section 3 -220 is not
met. The Planning Commission also recommended that the City Council amend
Condition No. 2 of the Special Use Permit granted in April 1986 to Budget Car and
Truck Rental to read: "Storage of inventory of cars and trucks for rent shall be
confined to the area under the canopy."
-Requested Council Action:
- Motion to accept Planning Commission recommendation to deny the
application submitted by Budget Car and Truck Rental for expansion and to
® amend Condition No. 2 of the Special Use Permit.
CITY COUNCIL AGENDA -3- April 13, 1998
•
9. Council Consideration Items
a. Sewer Backup at 5160 Drew Avenue North
- Appearance by homeowner.
b. Resolution Expressing Recognition and Appreciation for the Dedicated Public Service
of Ronald Pearson
- Requested Council Action:
- Motion to adopt resolution.
C. Resolution Receiving and Accepting Summary Report of Conclusions and Findings
Prepared by Carl H. Neu, Jr.
- Requested Council Action:
- Motion to adopt resolution.
d. Set Date and Time for Council Work Sessions
- Requested Council Action:
-Set Monday, April 20, 1998, at 7:00 p.m. as a general work session to be held
in City Hall Conference Room B.
-Set Wednesday, Apri129, 1998, at 7:00 p.m. as a public informational meeting
regarding the proposed senior cooperative housing development at Willow Lane
and 66th Avenue North to be held in Constitution Hall.
e. Mobile Computing Device (MCD) Update
- Requested Council Action:
- Council receive report.
f. Emergency Preparedness Operations Plan
- Requested Council Action:
- Council receive plan.
g. Report on Recent Personnel Items
- Requested Council Action:
-City Manager will provide verbal update on personnel vacancies.
h. Resolution Ordering the Correction of Hazardous Conditions and the Abatement of
Public Nuisances Existing at 6842 West River Road
- Requested Council Action:
Motion to adopt resolution.
10. Adjournment
•
City Council Agenda Item No. 6a
April 13, 1998
•
•
�
MINUTES OF THE PROCEEDINGS OF THE CITY CO lug■
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL WORK SESSION
MARCH 16, 1998
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in a special work session and was called to order by Mayor
Myrna Kragness at 7 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and
Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane
Chambers, Community Activities, Recreation and Services Director Jim Glasoe, Community
Development Director Brad Hoffman, and Recording Secretary Mary Schendel.
PRESENTATION BY OWNERSHIP REPRESENTATIVE CONCERNING BROOKDALE
UPDATE
• \4ayor Kragness introduced Lance Sturgis and Michael Romelotti representing Talisman Companies,
with Mr. Sturgis describing an overview of the anticipated renovation project to take place at
Brookdale Mall. Mr. Sturgis explained he was a week away from providing a full presentation and
agreed to have some materials available for the Council to view at Brookdale on March 24. Mr.
Sturgis stated the McComb Research Study supports a major renovation for the Mall with an
interactive mix of entertainment, food, and retail shopping for its customers. Mayor Kragness
referred to the increase in employment opportunities which would benefit the citizens. Discussion
followed concerning access to Brookdale and Highway 100 construction plans. Councilmember
Hilstrom spoke of concerns about theater development. Mayor Kragness and City Manager
McCauley discussed the issues of special use permits and tax forfeited property.
REPORT BY COUNCIL CARMODY ON LEAGUE OF MINNESOTA CITIES
LEGISLATIVE CONFERENCE
Councilmember Carmody cited information stating budget surplus issues were addressed at the
League Conference along with information concerning a parallel grant allowing for a special services
tax. She also spoke of the Board of Innovation and Cooperation in Government which gives money
for innovative ideas to address city issues.
03/16/98 _1_
REPORT ON MEETING WITH iV1ETRO TRANSIT
F �
Councilmember Carmody ttended the Metro Transit meetin and gave an update on the discu
Y s
g b P
of the issues around a transit hub at Brookdale.
DISCUSSION OF TRANSPORTATION REPORT
The city manager outlined the transportation study development for the Council and the April
deadline to decide if the City would continue in the Five Cities transportation program. City
Manager McCauley then asked Community Activities, Recreation and Services Director Giasoe to
present his study of transportation providers, transit services, specialty transportation options, and
other programs to the Council. Issues discussed included priorities of medical transportation vs.
social programs, after school bus use, budget concerns, and availability. Councilmember Carmody
compared Five Cities Senior Transportation's analysis with other medical transportation programs.
Mayor Kragness and Councilmember Hilstrom raised a concern regarding citizens being able to
access transportation for medical appointments and suggested a community bus to run throughout
the City during daytime hours. Mr. Glasoe spoke of expanded MCTO routes as another alternative
for meeting medical appointment needs throughout the metro area. City Manager McCauley
explained the option for cities to "opt out" of the metro transit services and provide its own services
that existed during a limited period of time. Both Plymouth and Maple Grove operate separate
transit systems. Councilmember Lasman spoke of sharing school bus transportation during daytime
hours.
Councilmembers addressed the issues of a growing population of people without cars and the
necessity to provide transportation within the City to promote City businesses. Further work would
be done to research specific questions raised by the Council with a report back in April.
RECESS
The Council recessed at 9:30 p.m. and reconvened at 9:33 p.m.
DISCUSSION OF COMMUNITY CENTER & CITY HALL
City Manager McCauley requested feedback from the Council whether discussions should proceed
with other governmental units in connection with the planning process for the Community Center
and City Hall.
MISCELLANEOUS ITEMS
The Council requested minutes relating to deferred loans be addressed at the Council meeting.
Councilmember Hilstrom asked when the Council would address the Marquette Study
recommendations for the Heritage Center at a work session.
03/16/98 _1)_ 0
ADJOURNMENT '
® A motion by Councilmember Lasman and seconded by Councilmember Carmody to adjourn the
meeting at 9:55 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
Mary Schendel
03/16/98 _;_
m "RAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 23, 1998
CITY HALL
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 Mvrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and
Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane
Chambers, and Recording Secretary Mary Schendel.
INFORMAL OPEN FORUM
Jim McCloskey, representing the Brooklyn Center Prayer Breakfast, and Ed Nelson, 5236 Great
View Avenue North, a member of the Brooklyn Center Planning Commission and 16 -year resident
of the City, encouraged councilmembers and commission members to romote interest in this event.
ent.
Rex Newman, 3107 61st Avenue North, had questions about a web site for the City, rebuilding the
neighborhood TV channel, and e -mail use.
ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to adjourn informal
open forum at 6:58 p.m. passed unanimously.
INVOCATION
I
Debbie Felton offered the invocation.
CALL TO OR RF, GT T T
I A R BUSINESS M EETING
The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna
Kragness at 7:01 p.m.
i 3/23/98 -1_
7ft weft
aiNAFT
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman and
Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane
Chambers, Director of Public Works Diane Spector, Planning and Zoning Specialist Ron Warren,
City Attorney Charlie LeFevere, and Recording Secretary Mary Schendel.
COUNCIL REPORT
Councilmember Carmody attended the Park and Recreation Commission meeting and reported Art
Mead attended.the North Mississippi Regional Park Study, which is considering the creation of a
regional park for the area between I -94 and the Mississippi River.
Mayor Kragness reported receiving a plaque for City Hall display in appreciation for the City's
commitment and participation in the Heritage Festival on March 22, 1998.
Councilmember Lasman spoke of her attendance at the Crime Prevention meeting and the benefit
of citizens' involvement in crime prevention. She also reported attending the National League of
Cities meeting in Washington D.C.
Councilmember Hilstrom attended the Riverwood Neighborhood Association meeting in which the
City presented possible redevelopment of part of the 10 acre site.
Councilmember Peppe reported on t
pp p he Housing � Commission meeting of March 17 where slides were
reviewed concerning a time of sale ordinance that will be addressed. They also reviewed plans for
the Greenway Project on 53rd Avenue.
Mayor Kragness and the Council sent a special greeting to recognize Phil Cohen's 70th birthday.
APPROVAL OF AGENDA AND CONSENT AGENDA
Councilmember Carmody requested item no. 6e, Proclamation Declaring April 25 and 26, 1998, to
be a Weekend of Spiritual Rededication and Prayer in Brooklyn Center, be removed from the
consent agenda and added as item no. 8f on the regular agenda. Councilmember Hilstrom noted a
correction to the March 9, 1998, minutes. A motion by Councilmember Carmody and seconded by
Councilmember Peppe to approve the agenda and consent agenda as amended passed unanimously.
APPROVAL OF MINUTES
A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the
minutes of the March 2, 1998, Work Session and the March 9, 1998, Regular Session passed
unanimously.
3/23/98 -2-
DRAF
RESOLUTION APPROVINC7 PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR RIDS,. I�IPROVELIFNT PROJECT NO. 1998 -15. ELEVATED
STORAGE TANK REPAIR - TOWER NO. 3
RESOLUTION NO. 98 -45
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING
ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998 -15, ELEVATED
STORAGE TANK REPAIR - TOWER NO. 3
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and
passed unanimously.
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT. IMPROVEMENT
PROJECT NO. 1 997 -10 CONTRACT 98 -B SCADA AND INTRAC SYSTEMS REPL ACEMENT
RESOLUTION NO. 98 -46
Member Carmody introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT
PROJECT NO. 1997 -10, CONTRACT 98 -B, SCADA AND 1NTRAC SYSTEMS REPLACEMENT
The motion for the adoption of the foregoing resolution was duly seconded by member Peppe and
passed unanimously.
PROCLAMATION DECLARING APRIL 19 THROUGH APRIL 26. 1998. AS DAYS OF
REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST
A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the
proclamation declaring April 19 through April 26, 1998, as days of remembrance of the victims of
the Holocaust in Brooklyn Center passed unanimously.
LICENSES
A motion by Councilmember Carmody and seconded by Councilmember Peppe to approve the
following list of licenses passed unanimously.
MECHANICAL SYSTEMS
Air and Furnace Care 8733 Humboldt Ave. N., Brooklyn Park
Blaine Heating, Air Conditioning & Electric. Inc. 13562 Central Ave. NE, Anoka
3/23/98 _3_
Changing Climates 1029 Paul' A-oFainT,
DelMar Furnace Exchange, Inc. 4120 83rd Ave. N., Brooklyn Park
Doody Mechanical, Inc. 520 Front Ave., St. Paul
Faircon Service 1891 W. County Road C, Roseville
Ron's Mechanical, Inc. 12010 Old Brick Yard Road, Shakopee
RENTAL DWELLINGS
Initial:
Bruce/Karen VanderSchaaf 5400/02 Russell Ave. N.
Renewal:
Dennis J. Bona 5207 Xerxes Ave. N.
Joseph/Patricia Simmon 2913 64th Ave. N.
Joseph/Patricia Simmon 3715 69th Ave. N.
TAXICAB
Town Taxi, #53 7000 57th Ave. N., Crystal
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APP LICATION NO. 98004 SUBMITTED BY SHIN_ GLE CREEK
LAND COMPANY
AND
PLANNING COMMISSION APP LICATION NO. 98005 SUBMITTE BY EXTENDED STAY
AMERICA. INC.
Mayor Kragness suggested discussing agenda item 7b, concerning a request for rezoning, to help
define agenda item 7a.
City Manager McCauley explained item 7a and 7b are related items, and Application No. 98004 is
a request from the Shingle Creek Land Company for approval to subdivide into three lots, two
existing parcels of land totaling 7.28 acres, located at the southeast quadrant of Xerxes Avenue North
and Freeway Boulevard. The most easterly of these lots is for development by Extended Stay
America, a 104 unit efficiency hotel. Planning and Zoning Specialist Ron Warren described the
proposed property and recommended approval of Application No. 98004 subject to conditions
recommended by the Planning Commission.
City Manager McCauley requested that Planning and Zoning Specialist Warren clarify Application
No. 98005 requesting rezoning from I -1 to PU61I -1 and first phase site and building plan approval
through the Planned Unit Development process for a three story, 104 unit efficiency hotel to be
located east of Xerxes Avenue North. The zoning ordinance requires that all parcels have frontage
on public right -of -way. The Shingle Creek Land Company is the owner of the mo parcels and their
proposal is to provide appropriate access to Lot 2 with the dedication of a 30• foot wide access
3/23/98 -4-
iA!FT
easement, 15 feet on the easterly property line of Lot 1 and 15 feet on the westerly property line of
Lot 3. Drainage and utility easements will be provided on each of the lots and the plat also shows
a 29,808 sq. ft. ponding area on the easterly portion of Lot 3. Mr. Warren outlined the conditions
of the preliminary plat approval of this application.
The number of hotels and motels and increased traffic were discussed. Public Works Director Diane
Spector explained how and when traffic counts are taken to reach a representative average daily
count.
Councilmember Hilstrom pointed out this is one of the last pieces of large development parcels, so
its importance to the community is significant. She asked the Council to consider a study of hotels,
and she raised the issue of occupancy difficulties and how that would affect the City. City Manager
McCauley responded the size and nature of the facility would not lend itself for other uses.
The Mayor opened the meeting to public comment.
Marshall Pedley, 6645 Xerxes Place, President of the Earle Brown Townhome Association,
expressed concern that this agenda item was not publicized adequately. Planning and Zoning
Specialist Warren related information concerning the ordinance requiring notice to citizens residing
within 350 feet of the planned development.
Nancy Blitsch, 6620 Xerxes Place North, asked if a bar or restaurant would be included in this
e project. She was informed this was not part of the development.
Pudge Linman, 7217 Woodstock Curve. Bloomington, construction manager for the development,
approached the podium stating this is a beneficial project for the City with increased employment
and business for the community.
Frank Kris, 9133 35th Avenue North, New Hope. representing the developer, offered to answer
questions the Council would have concerning the project. He reported concerns regarding the
driveway on Freeway Boulevard were being addressed. Councilmember Hilstrom questioned what
active steps were being taken to attract other businesses for the remaining two parcels. Mr. Kris
assured the Council the remaining parcels were being marketed for an appropriate blend with the
proposed hotel.
Discussion followed concerning the flexibility of the Planned Unit Development process and the
flexibility to scrutinize development planning in more detail.
A motion was made by Councilmember Carmody to approve Planning Commission Application No.
98004, a request for a preliminary plat to subdivide into three lots, two existing parcels of land
totaling 7.28 acres, located at the southeast quadrant of Xerxes Avenue North and Freeway
Boulevard, subject to the following conditions:
• 3/23/98 -5-
-DRAFT . The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Appropriate driveway and cross access easements shall be developed and filed with the title
to the properties in question. These easements, agreements and documents are subject to
the review and approval of the City Engineer and City Attorney prior to final plat approval.
4. The storm drainage system and the design of the water detention facility are subject to the
review and approval of the Shingle Creek Watershed Management Commission prior to
final plat approval for this proposal.
5. Ponding areas required as part of the storm drainage plan shall be protected by an approved
easement. The easement documents shall be executed and filed with Hennepin County as
part of the final plat.
6. The access easement that is shared between Lots 1 and 3 shall be revised to accommodate
a perpendicular driveway approach to Freeway Boulevard.
7. The applicant shall provide an appropriate covenant prohibiting access from Xerxes Avenue
to Lots 1 and 2 to be filed with the final plat.
The motion was seconded by Councilmember Peppe and passed on a vote of Mayor Kragness, •
Councilmembers Carmody, Lasman, and Peppe voting aye; Councilmember Hilstrom voted nay.
RESOLUTION REGARDING THE DISPOSITION OF PLANNING C OMMISSION
APPLICATION NO. 98005 SUBMITTED BY EXTENDED STAY AMERICA. INC.
RESOLUTION NO. 98 -47
Member Carmod introduced the following resolution and moved for its adoption.
RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION
APPLICATION NO. 98005 SUBMITTED BY EXTENDED STAY AMERICA, INC.
The motion was seconded by Councilmember Lasman and passed on a vote of Mayor Kraaness,
Councilmembers Carmody, Lasman, and Peppe voting aye, Councilmember Hilstrom voted nay.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING
THE ZONING CLASSIFICATION OF CERTAIN LAND
A motion was made by Councilmember Carmody to approve first reading of an ordinance amending
Chapter 35 of the City Ordinances regarding the zoning classification of certain land and set April
3/23/98 -6-
DRAFT-
1 1998, for public hearing and second reading. The motion was seconded by Councilmember
Lasman and passed on a vote of Mayor Kragness, Councilmembers Carmody, Lasman, and Peppe
voting ave; Councilmember Hilstrom voted nay.
COUNCIL CONSIDERATION ITEMS
SET DATE AND TIME OF COUNCIL WORK SESSION
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the date
for a general Council work session as Monday, March 30, 1998, at 7 p.m. in City Hall Conference
Room B passed unanimously. Councilmember Lasman reported she will be out of town on this day
and will be unable to attend the session.
UPDATE ON POLICE AND FIRE BUILDINGS
City Manager McCauley reviewed information regarding the design of the proposed police and fire
buildings and indicated the project has progressed to the point of preparation for bids for
architectural panels used for the exterior of the buildings. Mr. McCauley answered questions of the
Council concerning ADA standards, completion date, communication concerns during construction,
and potential space for a workout room.
RESOLUTION AMENDING THE ADFQUATF_ FUND_ BALANCE FORMULA IN
THE FINANCI.AL MANAGEMENT POLICIES
City Manager McCauley presented information on a proposed change to the City's current financial
management policies. The change proposed and discussed by the Financial Commission is to
exclude the debt service tax levy from the calculation of the required working capital cash balance.
This change in the formula for general fund reserves will eliminate the overstatement of reserves
when debt service levies are included. The current fund balance requirement ties up resources which
the City could use for capital needs. Mr. McCauley answered questions the Councilmembers
addressed concerning propriety of this process.
Councilmember Hilstrom reported a constituent brought to her attention that the bond referendum
is to be kept in a separate account and asked City Attorney Charlie LeFevere if this is appropriate.
He replied the debt service is maintained as a separate fund, a type of collection fund which he feels
is appropriate in this case, but will research this question.
City Manager McCauley explained procedures used for transfer of funds. The recommended
changes have the effect of reducing the level of fund balance the formula establishes as a goal.
The Financial Commission approved two motions at its January 22 meeting. The first excludes the
debt service tax levy from the subsequent year's budget before calculating amounts to be reserved.
The second revises the formula to make it easier to read.
•
3/23%98 -7-
"RAFT
RESOLUTION NO. 98 -48
Member Pe e introduced the following pp n� resolution and moved for its adoption:
RESOLUTION AMENDING THE ADEQUATE GENERAL FUND BALANCE FOIz-mULA IN
THE FINANCIAL MANAGEMENT POLICIES
The motion for adoption of the foregoing resolution was duly seconded by member Carmody and
passed unanimously.
STAFF REPORT REGARDING DUPONT AVENUE STREET WIDTH. IMPROVEMENT
PROJECT NOS. 1998 -01. 02. AND 03_ BEI,I,VUE NEIGHBORHOOD STREET. STORM
DRAINAGE. AND UTILITY IMPROVEMENTS
City Manager McCauley presented information regarding the Bellvue Neighborhood Street
Improvement Project. Mr. McCauley recommended the roadway be widened to 9.6 meters as a
result of information received from neighborhood surveys and the City Engineering Staff. The
resolution establishes the street width at 9.6 meters and also establishes the parking restrictions as
per Mn/DOT requirements.
RESOLUTION ESTABLISHING PARK_ NG R_STRICTIONS ON DUPONT AVENUE NORTH.
53RD AVENUE NORTH TO 55TH AVENUE NORTH
RESOLUTION NO. 98 -49
Member Lasman introduced the following resolution and moved for its adoption:
RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON DUPONT AVENUE NORTH,
53RD AVENUE NORTH TO 55TH AVENUE NORTH
The motion for adoption of the foregoing resolution was duly seconded by member Carmody and
passed unanimously.
UPDATE ON DEFERRED LOAN PROGRAM
Councilmember Carmody proposed a freeze on the CDBG Deferred Loan Program. City Manager
McCauley provided information on the CDBG loan program, and currently there are over 40 people
on the deferred loan waiting list. Mr. McCauley stated the City could lose 1997 moneys if the
program does not proceed, and could freeze use of 1998 funds for future reprogramming.
A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to freeze the
Deferred Loan Program for the upcoming fiscal year passed unanimously.
3/23/98 -8-
DRAFT
PROCLAMATION DECLARING APRIL 25 AND 26. 1998. TO BE A WEEKEND OF
SPIRITUAL REDEDICATION AND PRAYER IN BROOKLYN CENTER,
A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve the
proclamation declaring April 25 and 26, 1998, to be a weekend of spiritual rededication and prayer
in Brooklyn Center passed unanimously.
ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Lasman to adjourn the
meeting at 9:05 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
Mary Schendel
3 -9-
MINUT
• ES OF THE PROCEEDINGS OF THE CITY COU L
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL WORK SESSION
MARCH 30, 1998
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in a special work session and was called to order by Mayor
Myrna Kragness at 7 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe.
Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers,
Community Development Director Brad Hoffman, and Recording Secretary Mary Schendel.
Councilmember Lasman was absent and excused from this evening's meeting.
FUTURE USE OF SHINGLE CREEK TOWER
• Mayor Kragness opened the meeting and stated the Council's purpose for meeting was to hear
concerns of the residents at Shingle Creek Tower regarding the anticipated sale and possible increase
in rents.
Nevin Hench, representing the residents of Shingle Creek Tower, 6125 Shingle Creek Parkway, read
a prepared statement describing the background of Shingle Creek Tower, problems that may arise
with the sale, explanation of "sticky vouchers," and a request for support from the City Council. He
expressed his appreciation for the City's efficient police department and the quick response he
encountered when emergencies develop at Shingle Creek Tower.
Mayor Kragness invited others to speak after Mr. Hench finished.
Donald Foodeen, a resident of Shingle Creek Tower, stated his need for subsidized rent due to
multiple medical problems and repeated his frustration about changes that may be occurring.
Dorothy Diethert, also a resident, asked that efforts be made to interest non -profit agencies to
purchase the building in order to keep rents constant.
Paul Lane, a resident of Brooklyn Center since 1959 and also a resident of Shingle Creek Tower,
expressed concern that low - income residents have affordable housing available in Brooklyn Center.
03/30/98
-1-
06 "RAFT,
Romon Cheree spoke for his parents and in -laws living at Shingle Creek Tower, asking that
reasonable rental units be provided for citizens of Brooklyn Center.
Dorothy Novak stated she recently moved to Shingle Creek Tower to avoid accepting public
assistance and is concerned over higher rental charges.
Mayor Kragness asked if an organization has been formed to communicate concerns to the owner.
Mary Hurkman, representing HOME Line, a part of CASH (Community Action for Suburban
Hennepin), stated she is helping the residents select non - profit agencies to pursue the purchase of
Shingle Creek Tower.
Romon Cheree reminded the Council and audience time is running out; another resident appealed
for rent restrictions.
Mayor Kragness thanked the residents for attending the work session to express their concerns.
Councilmember Carmody stated that support by the City involved certain constraints, but as
individuals, the Councilmembers supported the residents in their effort to control costs.
A question arose about Brookwood Manor being managed by the City. Community Development
Director Brad Hoffman responded that the City never managed Brookwood Manor.
RECESS
The Council recessed at 7:30 p.m. and reconvened at 7:35 p.m.
RIVERWOOD NEIGHBORHOOD ASSOCIATION POSITION RELATED TO COOPERATIVE
HOUSING DEVELOPMENT PROPOSAL AT 66TH AND WILLOW LANE
Tom Kouri, 6416 Willow Lane North, and Jerry Blarney, 7136 Willow Lane North, presented issues
concerning City development priorities. In question are the development funds for a Brooklyn
Boulevard strip all redevelopment of the area occupied by the n River P p L Ri ap artments , ',N/lx. Stinski's
P Y
P
reputation as a developer with a rental rather than ownership record, the 40 year HUD financing for
senior cooperative housing, and building height limits along the Mississippi River Corridor.
Mayor Kragness and the Councilmembers discussed the various concerns. Mayor Kragness asked
if a request for developers had been made for the projects in question. City Manager McCauley
responded that no requests have been made at this time. Councilmember Hilstrom asked if the
movie theaters proposed for this area would change the dynamics and make the area more attractive.
Mr. McCauley responded that it would enhance value for commercial development, but create
additional residential value, though there would be some synergies for both sides of Highway 252
due to redevelopment of the other side. City Manager McCauley and the Councilmembers discussed
policies, development funding issues. the necessary priorities to make Lvn River rehabilitable,
03/30/98 _�_
DI
• CDBG monies, and Brookdale's impact on the area. Mayor Kragness suggeste a me FT he
City Council and Staff to address these questions.
ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the
meeting at 8:00 p.m. passed unanimously.
City Clerk Mayor
Recorded and transcribed by:
Mary Schendel
03/30/98
-3-
City Council Agenda Item No. 6b
April 13,1998
MEMORANDUM
40 TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director C H
DATE: April 8, 1998
SUBJECT: Resolution Approving Specifications for Requests for
Proposals for Custodian of Investments
During 1996, the Financial Commission recommended and the City Council adopted a
Policy and Procedure on Requests for Proposals for Financial Profession Services. A
major element of this policy was a schedule for doing requests for proposals (RFP) on a
rotating basis for the six professional services used by the Finance Department. The policy
also calls for the specifications for the professional services to be approve by the City
Council.
Custodian of investments is a service under which the City's investment securities are held
• in the City's name by a bank with a separate federal bank charter. This insures that in the
event of a bankruptcy or any other financial difficulty by the custodian, the securities could
be immediately retrieved by the City without loss or delay. Any other custody
arrangement would not provide these safeguards.
First Trust of St. Paul has provided this service to the City since 1993. Fees from First
Trust for this service during 1997 totaled $2,436.51.
The draft specification was reviewed by the Brooklyn Center Financial Commission at
their meeting on April 7, 1998. They voted unanimously to recommend the draft
specification to the City Council.
The attached resolution approves the specifications for the RFP.
0
Member
introduced the followin g on and
d
•
moved its adoption:
RESOLUTION NO.
RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR
PROPOSALS FOR CJJSTC)D! N nF INVFSTMENTS
WHEREAS, the City Council adopted a Policy and Procedure on Requests
for Proposals for Financial Profession Services; and
WHEREAS, proposals for a custodian of investments are to be solicited in
1998 in accordance with this policy; and
WHEREAS, the staff and the Financial Commission have developed
specifications for proposals for custodian of investments and are recommending the
attached specifications to the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center that the specifications for Requests for Proposals for Custodian of
Investments are hereby approved.
Date Mayor
ATTEST:
� Clerk
The motion for the adoption of the foreg resolution was duly seconded b member
P g � Y Y
and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER, MINNESOTA
REQUEST FOR PROPOSALS
FOR
CUSTODIAN OF INVESTMENTS
I. Statement of Purpose
The City of Brooklyn Center, Minnesota is inviting proposals for the purpose of selecting
a bank to serve as custodian of investments for the City. The City expects to select a bank
which will provide custodian services for a period of six years. The custodian must be a
bank trust department with a federal bank charter which legally separates it from other
banking services. It will hold investment securities in the City's name in such a fashion
that the securities may be listed in Credit Risk Category 1 of the Government Accounting
Standards Board Statement #3.
II. Schedule of Events
The City has developed the following schedule of events for selection:
Event Timing
Send out Request for Proposals April 16, 1998
Receive proposals from custodians May 15, 1998
Select finalists for interviews May 22, 1998
Interviews June 1 -5, 1998
Recommendations to City Council June 22, 1998
All questions regarding this request for Proposal are to be directed to:
Mr. Charles Hansen
Finance Director 569 -3345
III. Scope of Services
A. The custodian will hold City owned securities from the time of their purchase until
their maturity, sale, or call by the issuer. The custodian will provide for the
movement of securities at the time of their purchase, maturity, sale, or call by the
• issuer.
1
• B. The custodian will provide a money market mutual fund into which interest
payments, security sale proceeds, and incoming wire transfer proceeds may be
deposited and into which any idle cash will be swept. This money market mutual
fund will comply with restrictions on investments as established for cities by
Minnesota State Statutes Chapter 118A.04, 118A.05 and 118A.06. Funds needed
to settle the City's purchase of securities will be withdrawn from this account.
C. The custodian will provide secure procedures by which funds may be wire
transferred out of the money market mutual fund to other banks for purposes such
as making debt service payments, meeting the City's cash needs in its checking
account, for the purchase of securities, or other purposes as may be defined.
Processes such as the written pre - qualification of employees authorized to initiate
transactions, pre - qualification of wire transfer destinations and written confirmation
of transactions are of particular interest to the city.
D. The custodian will provide secure procedures by which funds may be wire
transferred into the money market mutual fund from sources such as the State of
Minnesota and Hennepin County.
E. The custodian will provide a monthly statement listing the securities held as of the
last day of the month, their market price, and either their Standard & Poors or
Moody's ratings. The statement will also list all transactions for the month and the
beginning and ending balance in the money market mutual fund.
IV. Requirements
Proposals should include responses to each of the following items. Include other
information as appropriate to address the services available from the custodian.
A. A description of the custodian's Federal Bank Charter establishing its independence
and ability to hold securities in the name of the city.
B. A description of how the custodian will provide for each service listed in Section
III. Scope of Services. Include samples of reports and transaction procedures.
C. A statement of custodial fees must be provided. This will include fees based on
assets held, fees based on transaction volume, and any other fees.
D. A copy of the custodian's latest annual audited financial statements.
•
2
V. Tvziical Portfolio
Attached are inventories of the city's portfolio of securities held in custody from several
dates in 1997. These are representative except that the portfolio was inflated at the end of
1997 by the proceeds of a building improvement bond sale.
The following quantities of transactions represent totals for the full year of 1997. These
may be somewhat higher than a typical year due to the proceeds of the bond sale.
Security purchases 16
Security maturities 2
Securities called by issuer 7
Interest payments received 32
Wire transfers for debt service payments 15
Wire transfers to checking account 42
VI. Terms and Conditions
A. The City reserves the right to reject any or all proposals or to award the contract
to the next most qualified custodian if the successful custodian does not execute a
contract within thirty (30) days after the award of the proposal.
• B. The City reserves the right to request clarification of the information submitted and
to request additional information of one or more applicants.
C. Any agreement or contract resulting from the acceptance of a proposal shall be on
forms approved of by the City, and shall contain, as a minimum, applicable
provisions of the Request for Proposal. The City reserves the right to reject any
agreement that does not conform to the Request for Proposal and any City
requirements for agreements and contracts.
D. If, through any cause, the custodian shall fail to fulfill in timely and proper manner
the obligations agreed to, the City shall have the right to terminate its contract by
specifying the date of termination in a written notice to the custodian at least sixty
(60) working days before the termination date. In this event, the custodian shall
be entitled to normal fees for services through the termination date.
The custodian shall also have the right to terminate the contract b specifying the
Y n
date of termination in a written notice to the City at least sixty (60) working days
before the termination date.
E. The custodian shall annually submit to the City a copy of its audited financial
statements.
•
3
F. All data, documents and other information provided to the City by the custodian
® as a result of this Request for Proposal shall become the property of the City and
subject to its disposal.
G. All costs associated with the preparation of a proposal in response to the Request
for Proposal shall be the responsibility of the custodian submitting the proposal.
H. The custodian must submit three (3) copies of its proposals to the finance director
not later than 4:30 P.M., Monday, May 15, 1998. The address and telephone
number is:
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
(612) 569 -3300
All proposals must be signed by a duly authorized individual. All proposals shall
become the property of the City and the City may, at its option, request oral
presentation prior to selection. No public bid opening will be held.
I. Mr. Charles Hansen, Finance Director, shall be the primary source of contact for
your firm during the Request for Proposal and selection process. Mr. Hansen will
coordinate appointments with staff and answer any questions.
VII. Evaluation of Proposals.
The City may select two or more banks for oral presentations. Each bank will have an
opportunity to present their proposal and answer questions. The proposals will be
evaluated on the basis of the bank's ability to provide quality and secure custodian services
at a reasonable cost. Final award of the contract shall be by the City Council based upon
the recommendation of the Finance Director.
i
4
•
City Council Agenda Item No. 6c
April 13, 1998
MEMORANDUM
DATE: March 31, 1998
TO: Michael J. McCauley, City Manager
FROM: Dave Peterson, Superintendent of Public Works/
SUBJECT: Resolution Authorizing the Purchase of One Front End Loader
The 1998 Central Garage budget includes $128,500.00 for the replacement of the City's 1979
Caterpillar 930 loader. I propose to replace this loader with a Caterpillar 928G loader from the
state cooperative purchasing program.
This year the State of Minnesota purchasing contract for loaders was established differently than
in past years. This year a multi- vendor contract was awarded, which allows participants to
purchase different brands of equipment, competitively bid within the State specification, at their
discretion. This recognizes that there are sometimes very legitimate reasons why an agency such
as a city would prefer to purchase a specific brand of equipment. The state prepared
specifications for a base bid for this class of front end loaders. The specifications were made
available to be competitively bid on by the various dealerships which handle those brands of
• equipment. The state contract then awarded the bid to one dealership for each brand of loader
meeting the specification. Ziegler Inc. is the dealership for Caterpillar, St. Joseph Equipment for
Case, and so on for the other brands.
To evaluate two brands of the equipment offered on the state contract, and a third highly
reputable product John Deere, on a joint powers purchasing contract, we had a demo unit of each
at the Central Garage for four to five days. All the crew members had the opportunity to try out
each unit, and the mechanics went over each unit to review its expected reliability and
serviceability. All the employees then rated each unit in 10 areas at a meeting on 3 -19 -98 for that
purpose (see the attached evaluation).
Based on the review of the equipment by the employees, mechanics, and supervisors, we
recommend the City purchase a Caterpillar 928G. This is the highest initial cost unit of the three
brands we evaluated, but we believe the Caterpillar is the best value because:
1) Performance guarantee and major component warranty of 5 years or 5000 hrs. is included
at no additional charge with Caterpillar, Case = $3,200.00 for same coverage. John
Deere = S6,800.00 for the same coverage. A transmission or engine failure could cost up
to $10,000.00 to repair. y
2) City of Brooklyn Center employee evaluation of 10 criteria areas covering operation.
safety_ , and overall satisfaction.
3) Proven industry record for traditionally highest resale or trade -in value.
4) Caterpillar offers Balderson mounting and bucket attachment as standard. The
competition offers the American coupler brand which through research with City of
Minneapolis shows the American attaclunents do not stand up as well in our maintenance
operations. To replace would cost $10.000 to $15,000 for mount and bucket.
In conclusion, we recommend the purchase of a Caterpillar 928G because it was the highest rated
equipment and because it is the best value within our budget. Purchasing quality equipment is
the best value in the long run. Estimated life is 12 years for this equipment.
State bid prices are as follows:
Case $ 81,342 .57
John Deere $ 87,487.62
Caterpillar $105,773.67
Note, a specialized snowplow will be purchased separately for $15,000.00 from manufacturer.
i
i
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF ONE FRONT END LOADER
WHEREAS, an appropriation of $128,500.00 was approved in the 1998 central garage
capital outlay budget for the purchase of one front end loader; and
WHEREAS, it is possible for the City of Brooklyn Center to participate in the Minnesota
State Cooperative Purchasing Venture to purchase the Caterpillar front end loader; and
WHEREAS, the Minnesota State Purchasing Cooperative Venture Contract #418786 for
Caterpillar front end loaders was awarded to Ziegler Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the purchase of one Caterpillar front end loader, under the Minnesota State
Cooperative Purchasing Venture in the amount of 5105,773.67 is hereby approved.
Date Mavor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
• EMPLOYEE
LOADER EVALUATION
' :CASE 'DEER :,CATERPILLAR:
ENGINEIDRIVETRAIN 3 3 3
ICAB I 1 2 3
1 SEATING I 2 3 3
ICONTROLS l 2 3 I 3
STEERING 2 I 3 I 2
VISIBILITY 2 I 2 3
SERVICEABILITY l 2 I 2 3
PARTS/SERVICE i 3 3 3
ATTACHMENTS I 2 2 3
POWER/BREAKOUT 2 I 3 3
I COST 3 l 2 1
Performance Guarantee 0 0 3
5yr/5000hr
Warranty Major 0 0 3
Components 5yr/5000hr
TOTAL POINTS 24 28 36
The loaders were evaluated on a scale of 1 (low) to 3 (high) for each category. All
categories were then summed for a total point score.
Following are the quoted prices: including options requested and MN state tax, minus
the trade value of our CAT 930 loader.
QUOTED PRICE I $102,728.00 1 $97,399.00 $129,318.00
TRADE VALUE I $ 26,350.00 I $28,000.00 $ 30,000.00
MN TAX I $ 4,964.57 $ 5,339.62 $ 6,455.67
1 TOTAL COST ( $ 81,342.57 $87,487.62 $105,773.67
•
92BG Wheel Loader
Offering world class performance, value and reliability.
S t' Power Train Operator Station Buckets and Ground Engaging Tools
ae 92SG uses an all Caterpillae power Ergonomicallv designed for total Choose from two general purpose
train to most effectively get maximum control in a comfortable, spacious buckets or a penetration bucket.
power to the ground. A Caterpillar environment. All controls, levers, Designed and built by Caterpillar, these
S/ 3116T standard low- emission engine switches and gauges are positioned to buckets feature rugged construction,
and Cat' power shift transmission is maximize comfort and productivity. integral spill plates and replaceable heel
performance- matched to the Cat torque 6/ Sound levels are greatly reduced. Two- wear plates. Various ground engaging
converter and axles. door cab offers exceptional ventilation tools are available to match virtually all
pg. 4 - 5 +/ and easy entry and exit. Full- length job conditions. pg. 8
glass windshield with silicone joints
enhances visibility. pg. 6 -7
Performance You Can Feel
illfore horsepower, higher torque rise,
greater rimpull, larger and stronger
hvdraidics and a new bticket design make
the 928G a solid performer. The best place
you can evaluate this exceptional
performance, of course. is from the
operator's seat.
e due You Can See
A larger, intelligent-design operator station
of exceptional forward and peripheral
visibility. Lower interior and exterior sound
levels and larger fitel capacity make the
928G easier to operate. New, wider loader
linkage enhances visibility to the bucket and
provides increased reach and dump ;
clearance for expanded applications. And N, -
unprecedented serviceab helps keep
b lity e you _• �r...„
working with the machine, rather than on it.
Reliability You Can Trust
Proven Cat power train and hydraulic
components, exhaustive field testing and the
world best sic
pport system assure the 928G Vu:
will provide ma -rimum uptime.
7
® Serviceability Environmentally Responsible Design Complete Customer Support
Easily perform daily maintenance with Quieter operation, lower engine Your Cat Dealer offers a wide ranee of
`round -level access to all major service emissions, less fluid disposal and services that help you operate longer
j / points. New gull -wing doors provide cleaner service help you meet worldwide with lower costs. Select individual
excellent engine access and a swing -out regulations and protect the environment. services or a comprehensive Customer
fan simplifies radiator service. Fuel pg. 10 Support Agreement. pg. 11
✓ capacity has increased nearly ?S
percent for fewer interruptions. And a
new transmission sight gauge makes
checking the fluid level easier. pg. 9
w
fi
.r.
x
i
a
i
City Council Agenda Item No. bd
April 13, 1998
e
MEMORANDUM
DATE: April 8 1998
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Works
SUBJECT: Resolution Rescheduling Improvement Project and Special Assessment Hearings,
Improvement Project No. 1998 -07, Street Improvements, Lee & 68th Avenues;
1998 -18, Street Improvements, John Martin Drive; and 1998 -19, Street
Improvements, James & 67th Avenues
The City Council on March 9, 1998 received the Engineer's Feasibility Report for each of the
above - referenced improvement projects, declared the Cost to be Assessed, and called for
concurrent improvement project and special assessment hearings to be held on April 13, 1998.
The project schedule prepared by staff erroneously scheduled official notice publication only the
improvement project hearing, and not the special assessment hearing. Improvement project
hearings require 10 days published notice, while special assessment hearing notices require 14
days published notice. By the time the error in the schedule was caught, it was too late to submit
the notice of special assessment hearing for publication and still provide the required 14 days
notice.
Due to this defect in notice, the hearings must be rescheduled for April 27, 1998. Proper notice
has been sent to the Post The attached resolution ratifies the amended hearing notice and
reschedules the public hearings.
No published notice of the April 13 hearings has appeared, and the mailed notices to property
owners had not yet been sent when it was determined that the hearing date would have to be
rescheduled. Threfore, it is unlikely that any property owners will appear at the April 13 meeting
expecting the hearing.
•
Member introduced the following resolution and moved
40 its adoption:
RESOLUTION NO.
RESOLUTION RESCHEDULING IMPROVEMENT PROJECT AND SPECIAL
ASSESSMENT HEARINGS, IMPROVEMENT PROJECT NO. 1998 -07, STREET
IMPROVEMENTS, LEE & 68TH AVENUES; 1998 -18, STREET IMPROVEMENTS, JOHN
MARTIN DRIVE; AND 1998 -19, STREET IMPROVEMENTS, JAMES & 67TH AVENUES
WHEREAS, the City Council by Resolutions 98 -42, 98 -43, and 98 -44 established
Improvement Project Nos. 1998-07, Street Improvements, Lee & 68th Avenues; 1998 -18, Street
Improvements, John Martin Drive; and 1998 -19, Street Improvements, James & 67th Avenues, and
accepted the Engineer's Feasibility Reports; and
WHEREAS, by those resolutions the Council also called for improvement project
hearings, declared the cost to be assessed, and called for special assessment hearings, all of said
hearings to occur at the regularly scheduled Council meeting on April 13, 1998; and
WHEREAS Chapter 429 Minnesota p nn sota Statutes, specifies procedures to be followed
for projects financed all or in part from special assessments; and
WHEREAS, a defect in those procedures, specifically, 14 days' published notice of
the special assessment hearing, requires the hearing notice to be amended and the hearings
rescheduled.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. A public hearing shall be held on the 27th of April, 1998, in the City Hall
Council Chambers at 7:00 P.M., or as soon thereafter as the matter may be
heard to hear and pass upon said improvement projects and at such time and
place all persons owning property affected by said improvement projects will
be given an opportunity to be heard with reference to said improvements.
2. The amended notice of public hearing, which has been published in the
official newspaper at least two weeks prior to the hearing, is hereby ratified.
3. A hearing shall be held on the 27th day of April, 1998, in the City Hall
Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be
heard to pass upon such assessments and at such time and place all persons
• owning property affected by such improvements will be given an opportunity
to be heard with reference to such assessments.
Resolution No.
4. The amended notice of public hearing, which has been published in the
official newspaper at least two weeks prior to the hearing, is hereby ratified.
5. The City Clerk shall cause mailed notice to be given to the owner of each
parcel described in the assessment roll not less than two weeks prior to the
rescheduled hearing.
Date Mayor
ATTEST:
• City Clerk
I
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6e
April 13, 1998
• MEMORANDUM
DATE: April 8, 1998
TO: Michael McCauley, City Manager
FROM: Scott Brink, Citv Engineero
SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No.
1998 -08, Contract 1998 -C, Reforestation of 1997 Street Improvement Project
Areas
The City Council by Resolution No. 97 -204, established Project No. 1998 -08, Reforestation of
1997 Street Improvement Project Areas, ordered preparation of plans and specifications and
authorized advertisement for bids.
Bids for this improvement were received on April 7. 1998.
The following bids were received:
North Metro Landscaping $47,092.10
Greenworks S53,966.00
Midwest Landscaping $56.92.00
The Engineer's estimate for this improvement project was $70,00; S56,000for Orchard Lane
West and $1 5,500 for France Avenue North. This estimate was based on the premise that all
residents eligible to receive replacement trees would select the allotted quantity. Most recipients
selected one larger diameter tree instead of two smaller diameter trees, and 18% of the Orchard
Lane West area did not request a replacement. The savings was reflected in the reduced quantity
of replacement trees required.
North Metro Landscaping has successfully performed work for the City of Brooklyn Center. It is
therefore recommended the City Council approve the attached resolution accepting the bids and
awarding a contract to North Metro Landscaping of Hanover, Minnesota, for Improvement
Project No. 1998 -08.
•
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT
PROJECT NO. 1998 -08, CONTRACT 1998 -C, REFORESTATION OF 1997 STREET
IMPROVEMENT PROJECT AREAS
WHEREAS, pursuant to Resolution 97 -204, the following bids were received and
opened on April 7, 1998, for Improvement Project No. 1998 -08, Contract 1998 -C,
Reforestation of 1997 Street Improvement Project Areas; and
Bidders Bid Amount
North Metro Landscaping $47,092.10
Greenworks $53,966.00
Midwest Landscaping $56,592.00
WHEREAS, it appears that North Metro Landscaping of Hanover, MN, is the
lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The Mayor and City Manager are hereby authorized and directed to enter
into a contract with North Metro Landscaping, Hanover, Minnesota in the
name of the City of Brooklyn Center, for Improvement Project No. 1998 -08
according to the plans and specifications therefor approved by the City
Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized an directed to return forthwith to all
bidders the deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained until a
contract has been signed.
3. Project costs and funding are hereby established as follows:
•
RESOLUTION NO.
Orchard Lane West Per Feasibilitv As Bi
Contract $47,655.00 $41,037.56
Contingencies 10 % 4.765.00 4.103.76
Subtotal $52,420.00 $45,141.32
Legal, Admin. , Engineering 2.580.00 2.125.00
Total $55,000.00 $47,266.32
Revenues
Special Assessment Construction Fund $55,000.00 $47,266.32
France Avenue North
Contract $13,563.00 $6,054.54
Contingencies 10% 1.356.00 605.45
Subtotal $14,919.00 $6,659.99
Legal, Admin., Engineering 581.00 375.00
Total $15,500.00 $7,034.99
Revenues
Municipal State Aid $15,500.00 $7,034.99
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor
thereof:
• and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6f
April 13, 1998
• MEMORANDUM
DATE: April 8, 1998
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer W
SUBJECT: Resolution Establishing Improvement Project No. 1998 -26, Contract 1998 -G,
Relocation of 16" Water Main and Appurtenances at West Fire Station, Accepting
Engineer's Feasibility Report, Approving Plans and Specifications and
Authorizing Advertisement for Bids
This portion of Improvement Project No. 1998 -10, Demolition of Old & Construction of New
West Fire Station, is being designed, bid and constructed as a function of the City of Brooklyn
Center Public Works, Engineering Division.
The Engineer's estimate for this phase of the construction is $60,700.
0
•
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -26, CONTRACT
1998 -G, RELOCATION OF 16" WATER MAIN AND APPURTENANCES AT WEST FIRE
STATION, ACCEPTING ENGINEER'S FEASIBILITY REPORT, APPROVING PLANS
AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS
WHEREAS, the City of Brooklyn Center City Council, by Resolution 97 -205,
established Improvement Project No. 1998 -10; and
WHEREAS, the City Engineer has prepared the plans and specifications and
recommends that the proposed improvements be considered; and
WHEREAS, costs have been estimated for this improvement; and
WHEREAS, the costs shall be funded by the Water Utility Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
•
1. Improvement Project No. 1998 -26, Contract 1998 -G, Relocation of 16" Water
Main and Appurtenances at West Fire Station is hereby established.
2. The plans and specifications for said improvement project are hereby approved
and ordered filed with the City Clerk.
3. The City Clerk shall prepare and cause to be inserted in the official newspaper and
in the Construction Bulletin an advertisement for bids for the making of such
improvement in accordance with the approved plans and specifications. The
advertisement shall be published in accordance with Minnesota Statutes, shall
specify the work to be done and shall state the time and location at which bids will
be opened by the City Clerk and the City Manager or their designees. Any bidder
whose responsibility is questioned during consideration of the bid will be given an
opportunity to address the Council on the issue of responsibility. No bids will be
considered unless sealed and filed with the City Clerk and accompanied by a cash
deposit, cashier's check, bid bond, or certified check payable to the City of
Brooklyn Center for 5 percent of the amount of such bid.
RESOLUTION NO.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
•
•
City Council Agenda Item No. 6g
April 13, 1998
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: April 13, 1998
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 and submitted
appropriate applications and paid proper fees.
Licenses to be approved by the City Council on April 13, 1998:
AMUSEMENT DEVICES - VENDOR
• Kiddie Rides International 3801 East 50th Ave., Denver, CO
Brookdale Center 1108 Brookdale Center
MECHANICAL SYSTEMS
Egan Mechanical Contractors, Inc. 7100 Medicine Lake Road, Minneapolis
Kalmes Mechanical, Inc. 15440 Silverod St. N.W., Andover
P. & H. Services Co., Inc. 1601 67th Ave. N., Brooklvn Center
Ray N. Welter Heating Co. 4637 Chicago Ave. S.. Minneapolis
Richmond & Sons Elec. Inc.
dba Golden Valley Htg & Air 5182 West Broadway, Crystal
Sedgwick Heating & Air Conditioning Co. 8910 8910 Wentworth Ave. S., Minneapolis
Sterling Design, Inc. 2205 U.S. Highway 8, St. Croix Falls, WI
MOTOR VEHICLE DEALERSHIPS
Bob Ryan Oldsmobile 6700 Brooklyn Blvd.
Brookdale Chrysler Plymouth 6121 Brooklyn Blvd.
Brookdale Dodge, Inc. 6800 Brooklyn Blvd.
Brookdale Ford. Inc. 2500 County Road 10
Iten Chevrolet Company 6701 Brooklyn Blvd.
Metro Brookdale LLC 7235 Brooklyn Blvd.
•
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD iVumber (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
RENTAL DWELLINGS
Initial:
Frank W. Lang Earle Brown Terrace
Renewal:
Miles Fiterman Brookdale Towers
Lang Nelson Associates Brookwood Estates
Lane Nelson Associates Brookwood Manor
Earle Brown Farm Apartments Earle Brown Farm Apartments
Patrick J. Gaughan Victoria Townhouses
Eugene/Diane Wright 4408 69th Ave. N.
Robert/Bonnie Healy 5517 Bryant Ave. N.
Christian Knutson 5200 France Ave. N.
Matthew Albrecht 7240 West River Road
SIGN HANGERS
Metro Sign Services 9223 Annapolis Ln. N., Maple Grove
Twin Cities Sign Images, Inc. 1050 County Road 81, Maple Grove
•
•
City Council Agenda Item No. 7a
April 13, 1998
4
•
K
i MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Speci st / .�i,,, •
Subject: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning
Classification of Certain Land (Extended Stay America)
Date: April 8, 1998
On March 23, 1998 the City Council adopted Resolution No. 98 -47, which approved Planning
Commission Application No. 98005 submitted by Extended Stay America, Inc. This application
was a request for rezoning from 1 -1 (Industrial Park) to PUD/I -1 (Planned Unit
Development/Industrial Park) of 7.28 acres and first phase site and building plan approval for a
three story. 104 unit efficiency hotel on a 2.68 acre portion of that property. A preliminary plat
(Application No. 98004) was approved at that time that would create the 2.68 acre parcel for the
Extended Stay America building.
• Also at that time, the City Council considered a first reading on an ordinance amendment relating
to Chapter 35 regarding the zoning classification of this land. This is a housekeeping type
ordinance amendment that would redescribe in the zoning ordinance the properties rezoned
through the Planned Unit Development. The descriptions used in the ordinance amendment are
the new legal descriptions that would be created through the above mentioned platting process.
The final plat for this property has not yet been approved by the City Council, therefore, the legal
descriptions utilized in the zoning ordinance amendment are non - existent until the final plat is
approved and filed with Hennepin County. The ordinance amendment was published on April 1,
1998 and is set for public hearing by the City Council on April 13, 1998.
It is recommended that the City Council, following the scheduled public hearing on this
ordinance amendment, take any additional public input and then close the public hearing. The
ordinance amendment should then be tabled until the final plat which includes this property has
been approved and filed with Hennepin County. This should be accomplished in approximately
30 days.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearin <o will be held on the 13th day of April, 1998, 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 amendment to Chapter 35 of the City Ordinances Regarding the Zoning Classification
of Certain Land.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the Citv Clerk at 569 -3300 to make arranaements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND
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 -1200. INDUSTRIAL PARK DISTRICT (I -1). The following properties
are hereby established as being within the (I -1) Industrial Park District zoning classification:
Tracts A, B-, D. and E, R.L.S. No. 1377
Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The
following properties are hereby established as being within a (PUD) Planned Unit Development
District zoning classification:
3. The following properties are designated as PUD /I -1 (Planned Unit
Development/Industrial Park):
Tract C, R.L.S. No. 1377
Tracts A, B, and C. R.L.S. No. 1564
Tracts A. B, C, and G. R.L.S. No. 1572
Tracts A and B, R.L.S. No. 1619
Lots 1. 2. and 3. Block 1. Shingle Creek 5th Addition
e
Section 2. This ordinance shall be effective after adoption and thirty (30) days
following its legal publication.
Adopted this day of 1 1998.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
City Council Agenda Item No. 8a
April 13, 1998
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specia ist ,
Subject: City Council Consideration Item - Planning Commission Application No. 98006
Date: April 8, 1998
On the April 13, 1998 City Council Agenda is Planning Commission Application No. 98006
submitted by Budget Car and Truck Rental requesting a Special Use Permit amendment to
expand the car rental operation at the Sears Automotive Center (Brookdale) to include trucks
and to expand the location for inventory on the site.
Attached for your review are copies of the Planning Commission Information Sheet for
Planning Commission Application No. 98006 and also an area map showing the location of the
property under consideration, other supporting and informational documents including a letter
from the applicant and the Planning Commission minutes relating to the Commission's
consideration of this matter.
This matter was considered by the Planning Commission at their March 26, 1998 meeting
with the Commission making two recommendations with respect to the application:
First, to recommend denial of the application to expand the extent and location for
inventory parking on the site based on the grounds that Standard E of Section 35 -220 is not
met; and second, to recommend that the City Council amend Condition No. 2 of the Special
Use Permit granted in April 1986 to Budget Car and Truck Rental to read: "Storage of
inventory of cars and trucks for rent shall be confined to the area under the canopy. "
It is recommended that the City Council. following consideration of this matter, accept the
Planning Commission's recommendation.
•
Application Filed on 3 -12 -98
City Council Action Should
Be Taken by 5 -11 -98 (60 Days)
Planning Commission Information Sheet
Application No. 98006
Applicant: Budget Car and Truck Rental
Location: 1299 BrookdaIe Center (Sears Automotive)
Request: Special Use Permit Amendment
The applicant, Budget Car and Truck Rental, is seeking an amendment to the special use permit
-ranted to them in 1986 in order to expand its car rental operation at the Sears Automotive
Center at Brookdale to include truck rental. The property in question is zoned C-2 and
"automobile and truck rental and leasing" is a special use in the C -2 (Commerce) zoning district.
The Sears Automotive Center is located at the southerly end of Brookdale Shopping Center and
is bounded on the west by Xerxes Avenue and on the east and southeast by T.H. I00.
The Citv granted Budget Rent-A-Car a special use permit on April 7, 1986, to conduct a car
rental business at the Sears Automotive Center. One of the conditions of that approval was that
the storage of inventory of cars for rent be confined to the area under the canopy. The canopy
referred to is located at the northerly side of the automotive service center building.
• The car rental operation was conducted consistent with the conditions of approval until 1992
when the City became aware of trucks beinU offered for lease and being stored across from the
Sears Automotive Center. A letter was sent to Budget advising them that the special use did not
comprehend the storage of trucks for lease in the parking lot and that condition No. 2 of their
approval limited the storage of cars for rent to be confined to an area under the canopy. The
letter went on to note that the reason for limiting car parking to that particular location was
because Brookdale Shopping Center was deficient in terms of parking required under the Ciry's
zoning ordinance. The letter required compliance by September 1, 1992. The options of
appealing the order or seeking an amendment to the special use permit were both offered in the
letter. Attached for the Commission's review is a copy of the Plannin- Commission Information
Sheet for Application N Planning p o 8601 -1, the . lanrun_ Commission minutes of March .1986. the City
Council minutes of April 7, 1986, and the letter dated July 23, 1992.
Budget Rent -A -Car complied with the letter and the truck rental ceased. It Iater began again and
the City recently contacted a representative of Budget (Dennis Goneau) regarding this matter.
Budget has proposed to seek an amendment to allow it to expand their operation to include truck
rental to be housed across the perimeter road from the Sears Automotive Center. It should be
noted that we have agreed not to pursue removing the truck rental operation while the applicant
is seekinQ the necessary special use permit.
-26 -98
Page I
Mr. Dennis Goneau, on behalf of Budget Car and Truck Rental, has submitted a written request
® (attached) showing the location for the proposed truck storage and information as to why they
believe their proposal should be allowed based on the standards for special use permit contained
in Section 3- of the zoning ordinance.
Special use permits, or amendments thereto, may be granted ultimately by the City Council after
demonstration by evidence that all of the five standards for special use permits are met. Attached
is a copy of Section 35-220 for the Commission's review.
Standard A requires that the establishment, maintenance or operation of the special use will
promote and enhance the general welfare and will not be detrimental to or endanger the public
health, safety, morals or comfort. Mr. Goneau notes that Budget rents an average of 150 trucks
per month in a very competitive market area. He notes that Brooklyn Center consumers benefit
from their presence and they have also developed a strong rental base. Two of their largest
commercial renters are established Brooklyn Center businesses - Custom Office Installation and
Audio Visual and Film Group (note letter from Rob Cincotta of Audio Visual and Film Group
attached). He goes on to point out that they perform no repairs or preventive maintenance on any
of the vehicles at this location. Parking is limited to cold storage of vehicles prior to rental and
possesses no public health or safety concerns.
Standard B of the special use permit standards requires that the special use will not be injurious
to the use and enjoyment of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within the neighborhood. Mr.
Goneau notes that the lot used for storage of veiicles is in an area removed from the main mall
activity and is approximately 700 ft. from the nearest main entrance to the mall. He adds that the
lot is literally surrounded by businesses that are motor vehicle oriented and implies that their use
should not be injurious to other uses in the vicinity nor diminish or impair property values.
Standard C requires that the establishment of the special use will not impede the normal and
orderly development and improvement of surrounding property for uses permitted in the district.
Mr. Goneau notes that they believe they will comply with this standard in that they have become
familiar with the people involved in funzre plans for a major renovation of Brookdale Mall.
Budget is excited to be a part of Brookdale's bright. new future. Thev have had contact with Mr.
James Schlesinger, the new owner of Brookdale, and believe the car and truck rental operation
can be an enhancement to their plans. The plans for mall enhancements are conceptual at this
time, but they want to be involved with Sears and the Brookdale ownership. The implication is
that their wanting to be involved in the redevelopment of Brookdale should not impede that
development or the improvement of other properties in the district.
Standard D requires that adequate measures have been or will be taken to provide ingress, egress
and parking so designed as to minimize traffic congestion in the public streets. Nlr. Goneau
notes that there currently are no direct accesses to public streets from their proposed storage lot.
Page
He believes that parking needs are limited and public streets are not affected. He also points out
that future plans may alter the lot, but that they hope to have an opportunity to work with Sears
and the Brookdale ownership for future needs.
Standard E requires that the special use shall, in all other respects, conform to the applicable
regulations of the district in which it is located. Mr. Goneau notes that the Brookdale Mall is
zoned for commercial use. He adds that their operation provides rental service to
household/consumer as well as commercial car and truck renters at this location. They believe
they will be operating among businesses that are motor vehicle related and that their parking
needs are met in a lot that is far removed from the main mall activity.
Mr. Goneau's points are well made and one might be able to conclude that the standards for
special permits are met. There are, however, two areas with respect to the standards that need to
be evaluated further. One has to do with Standard E regarding conformance with applicable
regulations of the district in which the use is located. Brookdale Shopping Center has long been
held by the City to be a single shopping center complex or a single entity for purposes of
evaluating matters under the zoning ordinance such as parking requirements. Even though
Brookdale is composed of major tenants such as Sears, Penney's, Dayton's and Mervyn' s, which
own separate parcels, there are necessary cross access and parking easement agreements covering
all of the parcels at Brookdale making it the same as a shopping center complex or a single parcel
of land. Brookdale as a whole is deficient in parking based on the current parking requirements
contained in the zoning ordinance, which requires 5.5 parking spaces per 1,000 sq. ft. of floor
area. For this reason, it has been the City's position that no expansion at Brookdale can be
allowed without providing additional parking.
In cases where the City has granted special use permits to allow for car rental or truck rental
operations, parking has always been a significant factor and applicants have been required to
show their operation will not exceed the ordinance required parking for the site they wish to be
located on. The special use permit granted for Budget at Sears, for example, limited auto related
parking to under the canopy at the Sears Automotive Center. This condition was imposed
because Brookdale was considered deficient in parking. However, when Brookdale was
originally developed, the area under the canopy was a gasoline service station that has since been
abandoned. Because this area was never considered to be an ordinance required parking area, the
logic was that Budget could utilize this particular space without "aggravating the parking
deficiency at Brookdale ". This was the reason the special use permit was granted and the
particular location limitation of "the area under the canopy" was imposed.
I think it is important for the Planning Commission to also look at other auto rental /leasing and
truck rental /leasing special use permits that have been granted in the past by the City at locations
other than automobile dealerships where such activity is considered a normal part of their
operation. The special use permits that come to mind include:
• 3 -26 -98
Page 3
Truck rental at the then Brooklvn Service Center, 6901 Brooklvn Boulevard in 1933
• (Planning Commission Application No. SS017). The central question of that application
was whether there was adequate parking available on the site to accommodate the trucks
proposed to be stored and rented there. An evaluation of the ordinance required parking
was conducted and the applicant was limited in the number of trucks and trailers allowed
for rental based on parking space available. Also, the parking of vehicles longer than 20
ft. was limited to certain locations which could accommodate vehicles longer than the
typical parking space.
In 1991 a special use permit was granted to Altra Auto to operate a car rental and leasing
operation at the Northbrook Shopping Center (Planning Commission Application No.
91023). The reason for the special use permit was that there would be some incidental
storage of vehicles on the site of this operation. A parking analysis was conducted and it
was determined that there was a surplus of parking, based on ordinance requirements for
Northbrook Shopping Center. A limit of 15 cars on the site was imposed.
In 1994 the City granted a special use permit to Enterprise Rent -A -Car for an automobile
rental and leasing operation at the Boulevard Shopping Center, which is located on the
west side of Brooklyn Boulevard in the 6200 block (Planning Commission Application
No. 94011). Again, as part of the application review process, a parking analysis for the
center was conducted and it was determined that a surplus of parking existed which
would accommodate the extra 25 parking spaces proposed to house auto leasing
inventory on the site.
In 1997 the Citv Council granted a special use permit to 1vir. Robert Elledge to have a
truck rental operation at his gasoline service station located at 63=10 Humboldt Avenue
North, which is at the southeast corner of Humboldt and 69th Avenues (Planning
Commission Application No. 97005). Again, a review of parking requirements and site
constraints were undertaken. The applicant was limited to no more than four trucks being
housed on the property and the location for parking these vehicles was limited to the
southeasterly corner of the site with the larder vehicles being parking closest to the east
property line.
A review of these applications including even the Budget at Sears application, shows that the
City has always looked for compliance with ordinance required parking formulas as a basis for
granting special use permits involving truck or automobile rentaL'leasing proposals. Limiting the
number and sometimes the location of the parking were also factors in evaluating these
proposals. An argument certainly can be made that the current proposal by the applicant does
not meet Standard E of the standards for special use permits because it does not conform %with the
applicable regulations of the district in which it is located, namely the parking requirements for
Brookdale.
-y5 -9S
Page 4
The second area we believe needs to be reviewed is the appropriateness of having a very visible
truck rental operation as part of a regional shopping center. Brookdale, as the applicant points
out and as the commission is well aware, is in the preliminary stages of planning a major and
much needed renovation to the shopping center. A question that should be addressed is whether
or not the truck storage associated with such a use is detrimental to the image necessary for a
successful regional shopping center operation. To my knowledge there are no truck rental
operations with very visible outside storage of vehicles associated with other regional malls such
as the Mall of America, SouthdaIe, Rosedale, Ridgedale, etc. That isn't to say that it can't be
done, but without some screening or proper location of the storage area, the use might very well
be considered injurious to the use and enjoyment of other property in the immediate vicinity.
Yes, there are other automotive related uses in the immediate vicinity, such as Sears Automotive,
Firestone, Good Year, Valvoline Oil Change, and the Brookdale Car Wash, as the applicant
points out, but there are no truck storage facilities in these areas with as many as 15 trucks and
three trailers being housed on the property (not the five to ten the applicant cites), which do have
a ne visual impact that may well negatively impact on Brookdale overall.
On the other side of the coin, the applicant points out that Sears management favors the operation
and that possibly Nlr. James Schlesinger, the new owner of Brookdale, may not object to havin
such an operation involved with the proposed renovated Brookdale.
Any expansion of Brookdale, which is being contemplated, will need to address the ordinance
parking deficiency previously noted. This could be done by providing ramp parking, seeking a
variance from the parking requirements, determining another possibly more favorable parking
requirement for a regional mall or pursuing the Brookdale redevelopment plans through a
Planned Unit Development process that may seek an appropriate conforming parking
requirement based on any one or a combination of the above factors. This, however, may not be
an immediate solution to the applicant's request. From a practical standpoint, the parking of
these vehicles on the site will probably not cause a parking shortage for Brookdale or Sears
customers. The Planning Commission should evaluate and discuss the request in light of the
factors presented.
Options available to the Commission include:
I . Recommend approval of the applicant's request citing the standards for special use
permits and acknowledging the factors provided by the applicant.
2. Recommend denial of the application based on the fact that Standard E cannot be
met because of the ordinance related parking deficiency. The Commission could
also cite non - compliance «Mth Standard B. noting that the proposal is injurious to the
use and enjoyment of Brookdale Shormina Center as a major regional mall.
Tn to work out an acceptable compromise that will allow the Budget Car and Truck
Rental proposal. but offset the negative aspects of that proposal such as requiring
Pane
screening of the truck stora,e area from public view with an appropriate opaque
screening device.
4. Allow the application to go forward citing the need to deal with the parking
deficiency, which could be done in the future by deferring this until Brookdale's
plans for expansion are pursued.
5. A combination of some of the points above or pursuing the matter in some other
manner yet to be determined.
Discussion, direction and/or further study are all other options open to the Commission for
consideration of this matter.
A public hearing has been scheduled and notices of the Planning Commission's consideration
have been sent. City Council action on this matter must be taken by May 11, 1998.
Page 6
1 1. t_ . • .1 1 .• 111 , 1 1 1 111 r r / 'k k {• / _'. _- -� I Il i) i� „ 1 il• - -�- .'� J
'II 1 `1 ���1�f�11���1. 2: 1_ �. ��illll( i( illl l!l.11i(I.ill�,lll�lr�l,�;�`.�. •. /� �*�� /" li` _ _ �- -- '=- �- ____� -� - - -_ -- � t � "i ��
frr (.., ! 11{ l I .� r 1,\ Il lll.,,jl�� <IIII /�tr �s� . r�':�: • ��� "� l p -� - -- 1 �--- -- 1. { II '::�� ) % '
X
tiri ��i�' � _ 1 ,[ il!!- llllil� - i,�;l =1r111(IIIII! ��' , � ,,< �:.��:� c1,1 lr,,•.f�Il�t� �,( /Ie�lh'I lI1`'��E,� / �; � .dy..l..
I "�I I III �.• ,.. C, C'�
I T
l I f 111
21I[� .tillll l[ E _`� I � � /Il, j � I ; ' y ' f ci,� — _.. •; l ,- 1 !� l� f I ; l�l_:1�� �� l
I r �f(/ ��I r •' '` aIl!llt /1�1:•;�I.Illll ,,.. .. ,• ;l �; � �) —. � _ 1I I_I1;�rl�.1l �, ..1.
SIII1►,� II_. _I'�h 1 I , `,,' /:
.1 Ir . I � ► , . ���! l lie� ,c,11l1 I f 11 -f,�• �
�� ''t lEC�•Y�y E1. 1 -, . - �< :l' .� ';;; , , _I -I .�_If ��E���Ir�_a�l f:�l Il�' I,�• _
r Y A! r���� ( Y - � P E ��1!. � .�• fig'`. W ,� _ Y ill,', -.�.' ,X�>rX I ! + �rJ I � ,.,....,,
l : • „1
1 - �I ill ��I��rlf fl l loll l�lf � � ��� - �__ -� ==�, i I
02 � CC � �Ilf. IJ1 I I1 E111
' [( 1 111! =( ,.II I �� n NNt N C cc�rvrn/rr�;iC�ty I ; %`�► `_ ' I
I 1 ( ,( I -! ) i
lt),[I[ tv . rd. 1 J 1_ /_ _ ij S . �f � I'I�I _I �I_ I�xlls. elf l -�� I Ii _ - I� I�FnI / !
) ) + ,
A r LICA nON NO.
_ - r ►- 1 ► =1.1E IJI =I -II_ _ - _li � i f I ► � �
1, ... _ i I
�?-`' .. � E
(�fI! I 1 A .';,, Y1- ll / 1
.,
i
1 P .
[+� .I [ � •" ,� �f�; �r' �� - �fl•v , , — � � r�(��.�rrt�f• � �_ = _ 1 �_' I � _t ,a�', R• � -�; � \
1 �� . ,. �� , �a. �� � •:ACZ�� � �- � � �.j � ������� � �I E 1f �_i1: =11f f l 1 C f I it I�n�:l I_I� � I 1 ,
'
►►1 1► ,��, H �. ��.� '�Y hn I 2 i [ LLl1 ! �11 1�L
'x'111111• �) � , +•r � ��} y ,.,.,': t � ;� "�'I �, 1' 1 _
Ir- 11�111J_`r`: R2��1EY:EElO�E�!�p� 21 1 j 1 � S.
�f-� <�►�� I�I► �! [ =fU�l ����- -� � `<< � i � � / ' ' �'� '� i
85 ,1,� I I� l II I l 1� � �►>>>I I Il 111 I it I I
. I' � �•� I —YN
/ON _ING DIS
C F _ J ALL DI51N(CI IWIDAMIfS EYIEIID 10 lit W11EI411ts St SIILLEIS
ALL AXEAs 140 1 ol,Fx.l sE r�E SIUUIEO u7E NI
"� _ ,• �' 2 r e;•�'si l /� !N lilt 1 XI - Ulf iwllY Nt5iDU1[k [I SENVi [F / (fFitk
1 - r.u..au e. wuwr, a•.,w. ,,,va N2 - l.0 EwllY Nt 51pENtf C,A - SERVICE / EfEIYE
AS - su IIYIE FIIT AESILENEE C2 uaKACE
(I(M t .V aAIr M1I Au
1 f 1 !!! !. ;'. ;i;;';: "": •�:` t..0 ",
At - uA llrlE Pwl(T NFSIDEIxE !j y'[. u�S
Y
95 - a CE FA2riLY FESILf11cE 11 - UDUS1A14 PANT(
X6 - AIIPEE FAMILY hESIDEnCE 12 - CEItlU1 IIYrUSIN1
W
1 , OPEN SPACE
ATM LAKE N2 - WEIIt" fAm Ity RESIDE"', 01 - Pultic CYE1l Sre[F NESEASED
E LE
( + l � .• I — ! - I'I f l I / I tt Slwu w yx.r 02 Puts SC F PNIYAIN SPACE NESEA'
�j .EO
�'f t I I �� � JI __ __ -- I I _ (
Y II „ 1(I 1( 1 11 1 )1 ll ), _...I •�1 I ; l :) DE NO I ES FIUUD'.AY ( 100 YEAR) IW VIM 2l(" EEEvAIlU4 AI 1F(ECIED toUIIULS
••,u• ut n.•a i. n:w unw,.../ s1u. p.up - 1. uIEN1AY lOUIlU1
'. .,a..... ••.n •.ulu_..n taw ,r .,n .nr Pf11UIL5 )LINIU ERINt:E (IuU YEAR) (LEWICII (F1. 11ew)
L. is ti (0 1.l ✓W.11 v. vi r, L(.(.., SIu111 uy rx;11•IS .•,tit .r..a
.1 f..G a.(
"III ICAA R1VE Its ,1 t.w.,t w n , l
AIL,A IM)IINDAIIY •1s:1:1u., nn. ., 1su, a.1 .y •�
a1 r>"p a.r .4 •'•
.•t�•...11 Lul. I.l 1ti
••.. Sul ..N.1.1 1:/
1M
f -MR1I1 "A" of tICEr..c AGkEE ^nEf1T !:
Event Date' — - - - - --
Mu+yn. C
Ir
-
• „}may - - - -- - - - -- -- - -- - - -- -
j - _ , r
fo �,
�--�
.' r
O
q It) In In N • tll 31 al In IJ a) tt1 in 'U U` 11 31 N 4 t tp tit In O ,r; ;J 4 , t; at a)
Q tr) 11J _J, •• -t • r: U tip a) .r; •• 1 U - I C: a) r' !; N a) .rj I i (; C: JJ J r C7 U U In 1 t ;
Q U 1 '7 -• 1 U (1l - i U` .r ' I J .11 _I 11 >, •• 1 (1) f), E I
M N I_ U Ii I) c: 14 :z 1
. 1 i t), : >, O U 0 a) U) r' [) N ! r
tf rtJ q1 1
Q to J J 1 1 r) c) {) I) 1 - -, O N In U N rt) tl rd ., { N• 1 I 1 r l In
w r� UJ r; • { U) rti t O 1), r: ,, •. 1 U, , a)
Z ' v) U r - a) U 1 a) .0 ni S 1 a) N a) rl 1.1 U al In , 1 [)
i! z ro J U U J ,U a; N a) rr] 1 [' I� nJ 1 ,�j a) n, L v q , �� rtl 'a)
W �i Q N f) r; C: ,• U ej N N •a' N .ij +j IJ J' IJ �. nj G; O t Ul rU
U ( 2 to (' rn j �, } , I- 1 j In 4_1 I U. �a) j r nt � ' r1 . f U if In •cj n
Ill �• f) n ) IJ IJ j ..{ 'U n a/ a) 31 n J-I y , u' R) I
U K z IJ 1 c; in ° Ij rtl N In In , o ;� .q {J °' • -t t U U� al {J
Z �j jji t Ell rt) N O {) a/ rj � p b• �! I� N IJ ! -, IJ �l .•r 1, •rI •r; t i
N rll [7�� -• a�aJPU; I, t�[JI�r.:t�,tn a)0 IJ
(n >_ N Uj a) (n nJ a) N (J .�� t l In 'n a) U !� rl a)� U N, a1 N U, I -,
1 f )
p, ! t •r. N', In I N I 1 I I 1
o Y a t " ,r� N N U �� ,r •N IJ ` U ), IJ c, F" ai V U a► v a
tD +J i U' 1 r, I ,> c .,{ U n) �'.:; rl ( 5, IJ t1 al
U ) O O ti! J rtl v [) U t7 , nl •.1 )t nj
CC + O "1 r' O In "t t 1 .�' n1 . • i I' `I r
m U` 1 N 1� }1, r 11 N ai N 1 r •1 �. to'� .Y� t)
r 4 i N N U []' 11 ZIP N j !1 t)t t� rt1 ` 1 N (j (1) 0 U • [ t r
° 4 ,
{ N 11 1 1 11 [� t] r 1 R, t : .r j al al $1 O of
I I t I J I 01 - , LP a) U) � 1 1 ti N a a) in U `1 rttl� IJ j1 U cis N U r: .I I rr) ai } IVJ rl
- - -- -- - N ; !, ) nl ):i •r; 1 1 ( J (n i N }), ai in at 1 ' C • - I r
In U U In a) r; ! I 1.1 O 1.1 } 1 r) O Y rti ^—•-�� t
r' { _ } 1 rI 1 U O o 1 I :.1 to 'cJ r' 't 1
nl 1 N n � N ' i i ; O 'iJ ai rA IJ a) F1 '1 , ,n 'rti
N E;
r1 a S 1 .0 a► to ui r� r ' to , ,- • { l)
1+ �� n � J ,' ( !, �t aj f) U VI }, c) 1 i • i } 't1 >, Ii , j t ;U • In
rti ii
° O tJ [) �� •' y l 'rt �, �O r) .,.1 r7 c) tt) l l N t)t 1 -rj nl rt l nl
I r'1 4 -I � ti, N U 1 1 In N ) 11 I I J 11 N U 7 r, al IJ
}, 14 a) :3 U [)' 31 , TJ •, i r IJ U] }" •,.i }� r: i 1 y
In 1 I F) O .{ j j `1 rajj rl.t O r N U U N 1 r 't1 C O N •t 1 J 'U a1 1 1n rd
r� t) '{ j 31 ;, r1 to In ( to (1) I f r
to U n r) .r; U a r.; t �t i
i f V
v U, I
I- o I ►• +1 l` i r i N 3, rtl } 1 U 1) al '�1 N N ;� U O al 17,
u 11 1J r). 0 r' . I nl a) r , . I I !I a.j >, �; "1 't1 .� n r 1 .) n) 't1 r . t . i � N
rt} f] Cf U
(if (J r; r ' 1 [)' O a: I.1 } 1 p I J 1
, 1J S } 1 r. Al t) J • ( r N S t
(� CJ 11 '1 t U r, 9:� I I E t 1 ai al 'I I C U 'JJ ! I �, N�• t i j I I
a) N O N U1 IJ r, O r) , a) U }), ri • 1, (If i
3 SI 11 E, 1 nl N > r it a) }), N U,
r7 _V N r IJ r: •,-I t7,
UA U N r' N 31 f; N ,r) [l, >, t O al In U a) '� [), it a) r: N t), t), 1, t 1 i a) of (11
a, N 1J 'U (1) U� N ! 1 { i) co rtj' ! i al In U I J a) p N U ! 1 r rtl o N N
r1
V. y u nl ;I, N IJ U, l'. r :�' • ' -1 r' '1 1 ) 1 a) 1-1 1 1 1 to r; ) I t), U '>, ) • t
11 N U !1 I N •I , { {J I [),:U tl N IJ al a1 N r.: I) ,) U (I 1 r; }' �), 1 , l) •1
r1 rY O 5, a� I) In }1 N r: o f; aJ U� 13 }I U U U) N .r: •• { . { •, t V U r ' 4:
N I.1 rn rf (n , a) n1 1 r. r of In O I1 1 r; al N
Ih N y r1 a► O, "1 1� �; (� .r; IJ 't t),•�j rti ' rj �1 rtl 11 • -1 �t•�i al tJl �I, it 'Cf n1 a) q+ 11
!I Ui N (.) [), ,z •.-1 •.I ai U . -I t7 ,rj ' 11 '..
r1 'U Ul U • • nl ••1 11 U 11 U� In •.-{ {) '• 1 U
>I 11 tPr- U
J N ;J ry 11 (1) q) r.: O U .► U 11 �) U O a) r ai :j IJ ai o a) tJ c' J .c, r, "f a) fs t)iU a� , , U
` In 1, N r) [J, (] 1 ,r, - r, t 1 11 I;
U r) U i i r:. I t)r [n 1 t O -to tY U J t UI U of to In I J n O ,1
• •
>, q w tP fn
I ) -c) f r. •.f
(J I iJ tj
11 U )r U ()
•. f U
, J " •�� rtJ qJ ? � q)
!f N -iJ
q!
)1 ql )J c
•0 tt q)
-f q) U 1f j U U
to .0 f
q) If
t
) a
C;
N 1!) JJ la C-j C,
5 r1 O 1 Rl
U v f r 1
rr )
n f O 1 rtf O fr
a) � �
11 in
N N f-: q)
S), N rf f1, RJ ()
U) r: t •.f
ql
� ( U
rvq;u 1, 1f PJ
a � rf o a q) 1-4 .f
to t'
�I {J [: U N C:
O
Q) (J
tJ {J J ) f
l
n q) (1)
rf JA IA
rtf
j; i
f f
«J N 0 N, G tJ r], F; >, 'A tU
r f r f f ij, J 1 f v 1 1 t f f (n q) (Y
nl f U in O qJ q) N
D I q) : , rtf [; >r f •• ( { 1 U ''f r;
:J U +•-f ! -) � ;, iJ . -I t.) r: !f of
r4 o f (1) (U N f N I O t
..l
o. If 0 N i f f 1 "f Fi rh t� Of U
Planning Com.,rission information Sheet
,application No. 86014
Applicant: Budget Rent a Car (Sears)
Location: 129 Brookdale (Sears Auto Center)
Request: Special Use Permit
The applicant requests special use permit approval to operate a car rental business
out of the Sears Auto Center in Brookdale. The property in question is zoned C2
is bounded by Xerxes Avenue North on the west, by County Road 10 on the north, and
by Highway 100 on the southeast. Automobile and truck rental and leasing is a
special use in the C2 zoning district.
The proposed car rental business would operate out of the retail sales portion of
the auto center. The inventory of cars for rent would be stored under the existing
canopy at the north end of the auto center.
No additional parking is required since no building addition is proposed and the
car rental use requires no more parking per 1,000 sq. ft. than the existing retail
use.
The applicant has submitted a letter (attached) explaining the operation of the
special use dated March 4, 1986. A second letter, dated March 12, 1986 (also
attached) explains that the operation will be conducted in the existing sales/
service building rather than in a small outside building located under the canopy.
The applicant was advised by staff that the small, transportable building he initi-
ally proposed did not meet building code requirements and would have to be signifi-
cantly modified. The question of parking requirements for additional building space
was also raised. The applicant decided, in the interests of time, to locate the
rental office inside the existing building and use the available area tinder the
canopy for storage of inventory.
Staff do not see any conflict with the standards for special uses posed by the
proposed car rental business. It should have no measurable inpact on the imorove-
ments or traffic circulation within Brookdale Center. Approval is, therefore,
recommended, subject to at least the fol1owino conditions:
1. The special use permit is subject to all applicable codes, ordinances,
and regulations and any violation thereof shall be grounds for
revocation.
2. Storage of inventory of cars for rent shall be confined orinarily -_
to*the area under the canopy.
3. Special use permit approval acknowledges rental and leasing only. No
sales of automobiles or other vehicles is acknowledged by this action.
7 -27 -86
� s -oning Crt -�e _-�atet s --cn-rc-'s be scu,--�-t under
deet restr_ but that there may we-- be ccrs:]*.t orcb;1ems even with
su__ 2
a z- a
n miss her Santstrcm statet tnat he ."-_.Lt the acolicant 'na(-' =zce a gcct atLtem--t to
complement other units along Russell Avenue Ncr-.! that a th
4 tliree be
unit is good' for resale value.
ACTION RECCMW
_N:)7,NG APPROVAL CF APPLICA NO. 860 (Stephen Cook)
Motion by Commissioner Sandstrom seconded by Ccm-missicner Nelson to recc end
a pproval of Apo licat ion No. 86013, Subject to the f ollowing condi
The final plat is subject to review and approval- by the City
Engineer.
2. The fl-al plat is sub - ject to the prov].sic,ns of Chapter 115 of I-"-
City Crt-inances.
3. The .) the property shall receive final approval and be fried
at the County prior to the issuance of building permits.
The ex- sewer service to the half-lots on the south side of
the crccerty (old legal- denser ..,ion: North half oFLot 4, Block
2, Robert L. Ea-nsenls Firsl� Additicn) si'mall be disconnected at
-afn to the _'ssuance cf bul. pe—s unl ess
ne r e
separate sewer system-s are 4 01 ded for - - 1. e two unfts.
-
Voting in favor: Chairman Luchz, Cc=_ Santstr cm, Nelson, Bernar-.Js an"
I Ya - SZe ,4 t.
Voting against. none. - -ne motion nas3e
Ie Citv Enz- lef the mmee!"r- 3:40 D.m.
Z%_PL7C177ON NO. 36014 (Budget Rent a Car/Sea-rs)
he
ec-rezary then introduced tlne last item of business, a request -for Special use
permit approval to conduct a car rental tusiness in the Sears Automotive Center at
Erookdalle. T Secretary reviewed the contents of the staff reocrL ( See Planninc-
Cc= ssicn 1nfcr=at_icn Sheet for Application No. 8601 attached). The Secretary
a.L_ Showed the Ccrr=1ss_ a transparency of the parkirg are=- -1-.der the canopy north
of the auto center building. reccr-nmended t. the O=iss-ion alter Conditi-n
No. 2 to corfi.ne storage of inven only to the canopy area.
Eernar-As asked whether tne car rental office *,iou!L, occupy a:)or1_Jc,
L_e - auto center. The Secretary answered in the af-firm-ative, stating tha'L there
wou be a 'booth in the retail portion of the center. C,-=.,,Ssi
L, -oner Bernards asked
what woul be rented. Secretary stated that only cars wcul. be rented
to h_ krcwletge. 7 7 - 4e applicant a7 zo stated t-at small and cars wou'
rent-et, no trucks cr recreational ve-
response t_- another question _-cm. Cc=`ssioner Eernaz`s regarding storing cars
he "= shou A 'ce I t
J m ted tc ', f s are-a
urter the canopy, - .;n=- Secreta.-Y stat-et - _,-Ia�,
Sc a t wcu" be -0 impact C^^ the carkfrg ask;
n e e r ..h er e was an c ff t wL- I* e S w o o w ^ ar s ::' c::: .
no !:.-,a a su-= a 1 1 c t Is re ferre-tJ - 10 1'- th app' ic-an: I s letter.
1aIrmna-1
Cher asked tne applicant whether h e nat anythinc- to
fir. tiosech . an attorney for t "end, a Car, 5�..., t 'n a`. t_ c.1ient :JCL'IC-
} the Cond:� � ens __Stet _. ^. the report �o ' s et % a td, yrt a
accep a ri that t., w ord ^r i aari �' b
1Z: t in CcL-C _.,_:.n No. 2 _n or t o allow _ ° or _flex
• There follo ^wed a leg discussion as t o t r of i. en and whether it
should be con fined Strictly to the area Linde: the canopy c;^ whether some cars could
be allowed outside of the canopy, Mr . i+ inley stated that cars would not normally be
outside the canopy, except on ccoasional days when an extr aordina. ^y amount of cars
came in. The Secretary stated that he would rather have the condition limit the
storage to th.e canopy so that the City could limit the storage to that area. The
Secretary stated that he did not think the enforcement of the condition would be
rigid, but that the option should be there to prevent a consistent practice of
storing Cars outside the canopy from developing.
The Secretary also expressed a concer. ^, that storing the cars outside the canopy
would have an impact on the parking lot. :.e stating that there was a conflict which
dealers constantly face between storing inventory on their lots and providing
customer parking.
Commissioner Sernards stated that the record could show that the CommisSion
understands that there will be occasional situations when a car or two may be parked
outside the ca_ nepy. The Secretary stated that this understanding collld be
acceptable, but Limed that the conditio not expl icitly allow for such stcraze
outside the carcpv. Kr. Finley consented to the dropping of the word "primarily" in
Condition No. 2..
:. _1CN rSCCi�i�' `i);.1C ?� ° =CV L Cr �T _ �� T1CTi NC. �bO- t (Budget Sent afar /Sea „s i
L:etion by Cc-muiSsioner Nelson seconded by Commissioner Sandstrom r-o reccmmend
Vieot 'the 1^ i ^� � _cns
= cproval or app «cat ion No 8oC1 -. , sub ^` �o n _01 „w -� c�n,.i
. he special use permit is sub ject to all app is ",) e codes,
ord_nances, and r egulations and any Viclaticr thereof shall be
grounds for revocation.
G. Storage O inventory of cars for rent sha11 be Con_ to the
a r ea under the canopy.
j Special use permit approval acknowledges recital and leasing
only. No Sales of autcmociles or other vehicles is acknowledged
by this action.
V f avor: i �^ ,.. i r c ' rc Nelson Derr rd r
�ot_ng _n _aver. Ch a i r man Luc �, L� ssiore s .z^..st. gym, a s a
Wallerstedt. Voting against. none. The motion passed.
_ne , lar^ing Ccmriissicn recessed at c:01 p.m. and r esumed at 9:1_ p.m.
Commissioner S'iallerstedt left during the recess because of Illness.
y "ecuest :or �' - a? Ne bcr ^ccd ?. Group Review.
_re Szecreta t,^, reviewed, wit the p �cmmissicn the prcpiem ?rOUg
c n y- e tee. ^.tr al Nei,:"pcnhccd by Cars moving from rooklyn Eculevard to
• :roCl:da_e Shopping Center a nd vice versa. :e Stated that this concern should be
attresset py a Leetfng of the Ne g :pcncccd Atviscry t`�.�.rc'up _`or the Centra.: *—
r, --orncct ant O` "e_^ esiterts __.”
+ te :e_; g bcncccd a: footed, by the prcb! em.
_� r r
P - -r,-�, qO. 560 q77,MT7 *T7,) 3Y 3I)GT'r '07N'
- -� �,: 'DVT,T,_t7
COHMISS
7 A CAR
(S-Z, Rs)
_DUC A CAR RENTTAL
A?PROV.�T 'r �3 C ONI
SIIN S S TN 7 SZ_.�,RS
Yana7er noted this item was
recommended -`or a-,n-,o-,-al ov the Planni-
Commission at: its March 27, 1986 meeting. The Director of Planning &
I n spection nspection, reZferred the Council to pages five and six of the Ya--c. 27, 1986
Planning Commiss minutes and the informational sheet on Application No.
4
36014 attached with those minutes. He proceeded to review the application and
also showed a transparency of the parking area under the canopy north of the
auto center building. The Director of Plann & inspection stated that a car
rental business is a special use allowed in a C^ zone. He added that the
P Commission recommended approval of Application No. 86014 subject to
three
conditions which he - reviewed _'or Counc-ilmembers.
Councilmember Hawes asked there had been any --nought given to the
constr - -
Uc -, o a wall or fence around the area. The Director of Planning &
Inspection stated that this had not been indicated to the Planning Commission.
Mavor Nv *
I quist opened the meeting for the purpose of a public hearing on
Planning Commission Application No. 86014 submitted by Budget: Rent a Car
(Sears) requesting special use permit approval to conduct a car rental
business in the Sears Automotive Center at Brookdale. Mavor Nvou-*sz ;inquired
i f Z: "", a r a was anyone present in the audience who wished to speak at the public
heari Mayer Nyquist -recognized Mr.
Jack Schmitz, a representative of the
a Counc' Imember - stated 'he would like to ask Mr. Schmitz the
same cuesz reaar—nu - waii or f ence. Hr. stated t at th
D
Z: m a there were -no -)I-a-s to put a wall or fence around the area. He stated
, ::ia:: Budget Rent a Car operates in s;%
locations throughout the Twin. City are and added that if 'a rob 0
am develops they will have to address the
4 M ,
s zuaz; on. Councilmember 'Hawes asked tae Director of Ka Mn & Inspect
ion if
a wall -or fence would be permitted. The Director of 'Planning & Inspection
stated that a sec - -Pence would be allowed. The City Manager stated that
before a fence is erected the C should be allowed to t: other ways to
so-I-e the problem. Councilmemb— l-'iot'Ka asked if he was correct in saving
that there would be IZ cars allowed in the area. Mr. Schmitz stated that it
would be a - rare instance when there would be 12 cars i n the lot. He noted
that Budget Rent a Car makes their money with cars on the road not Darked in a
ot. He not-ad ::. usuall there would on-y be =-roe to tour cars in the lot.
Councilmember Scott asked what :: hours - ::' Bud - Z�
ge R ent a Car business
would be Mr. Sc replied that Budget -Rent a Car would be open from 9:00
a.-.. to 7 : 0 0 v -m p Monda throuc-I
'-
. . I _. .ridgy 9:00. a.-M. to 3 or 4:00 P.M. on
Saturday, an possibly 12:00 noon to 1 -:00 p.m. on Sunda-- •
Mavor NVcuisz asked there was anvone else present at the meeting this
e"aning w W to speak at the pL�6 hearing No one requested to speak
and he entertained a motion - cn to cl t"
� ..a 7u51 c hearing.
T'nere was a motion by Councilmember Scott and seconded by Councilmember Hawes
=o close the ' on : CommissZon A �caz No. 8601-
s a - Z -' . - - - : - -
Y Bu'Sez Rent a Car / Sears , .
The notion - oassed una
There was a mc::-zo-, - ou - c_ l Scott and seconded b� Councilmem-ber Hawes
to a ? 4
- P -, ) 74 cat`on No. 8601 S —it ad by 3u-,---- Rent
7-::
a Car (Sears) reQL'est_ng spec-3_ Use permit approva_ r.' a Ca
b)us the t0 CO d1Ct r rental
-
• co Sears Automct_ve Center at 3rockdale, s:. -ect to t. ^.e rollowing
J w
conditions:
1. The special use hermit is subiect to applicable codes,
ordinances, and regulations and any violation thereof shall be
grounds for revocation.
2. Storage of inventor;] of
cars nor rent shall be conz—ned to the
area under the canopy.
2. Special use permit approval acknowledges rental and leasing
only. No sales of automobiles or other vehicles is acknowledged
by this action.
The motion passed unanimously.
The City :tanager noted that the week of April 20 hr
t....oug : ^. the 27tt7 is Volunteer
Recognition Gieek.
AD,i 0UR_`71IENT
There was a motion by Councilmember Hawes and seconded by Council ember Theis
to adjourn the meeting. The motion passed unanimously. one 3rooklv:: Center
City Council adiour::ed at 9:48 p.m.
C -s
Clark
J
A 2.
•
Dennis Gcneau
Budget Rental
Sears location
Dennis,
We are certainly interested in the continuing operation of the
Sears /Budget vehicle rental facility in our Automotive Center at
Brockdale mall.
In your many years of residence here (and prior to my arrival in 1989),
Bud -et has contributed significantly to our sales and profit success.
in addition, the ccim:unity 'nas been well served by the availability of
quality rentals and the contributions to sales tax revenues.
I do not recall one single custcri:er service dispute in my 9 years here
elated t0 vOLr CDerat;OniS'. i apDr °Gate the Y C
p..ofessional mana a e+ment
Or Your bllS... ^ess and the :Jay VOLT take care Of cur ct StCYierS . I would
• bore t at we could work together with all parties ( Budget, Sears and the
Ci�.j of Brocklyr. LCnter) to resolve anv issues related the use of our
pro perty. Sears i?aS aPreed to your use Of Our Out parcel, Outside of the
mall ring - rOaG, and I believe that acccmcdates parking for all Other
c "StcmerS near 011r store Or AutOmctive Center. Again, I appreciate your
relatl0nshiU :v ^yti Sears and vcur Service to our customers.
Sincerely,
� rJ�
D. Eric ?restegaard
I
e
Budget.
CORPRATE
e ar ana T;ucx mental
Date: 3-10-93
To: Mr. Ron Warren. City of Brooklyn Center
From: Dennis Goneau, Budget Car sand Truck Rental
Subj : Application For Special Use Permit
In September on I986 a Budget Rent -A -Car franchisee be j
� s ari a car and truck rental operation
at Brookdale mall. The operation was housed at the Sears Automotive Center and vehicle
parking was designated in ajacent areas by their lease holder Sears Roebuck and Company.
Some years later Budget Rent -A -Car of Minnesota was reaquired by Budget Rent -A -Car Systems
Inc. Included in the acquisition was the Brockdale operation.
In the fall of 1994 I became a Location Manager with Budget and was given charge of the day
to day operation and growth of this Iocation. In January of 1995 I scheduled a meeting with
Sears management to discuss our respective operations and to explore future enhancements to
both of our businesses. The meeting was attended by myself, Sears of Brockdale General
Manager Eric Prestegard. and our new General Manager Tim Stommel. During the meeting we
were asked why we did not rent trucks at this operation like other Sears - Budget Iocations in malls
throughout the country. This was a question we were not prepared to answer. We speculated
that it was probably a business decision Wade by previous management or previous ownership, or
that a truck operation was net allowed by the mall. Eric explained that we were operating
entirely on Sears property and that anv eermissions needed to operate were at the disgression of
• Sears management and not the mail. We were then iven the go-ahead by Sears to persue this
action if we chose to do so.
In a reveiw of limited past financial data vve determined that the previous ownership and
management had operated truck rental at some p oint of our history with limited success. Arid
then at a later date chose to cease that part of the operation.
We decided shortly thereafter that there was potential for a successful truck operation at
Brockdale and proceded accordingly.
We have operated successfully and without incident since January of 199: and have provided
quality rental services to the community of Brooklyn Center.
In December of 1997 we were contacted by the city of Brooklyn Center and informed that we
were in violation of a special use permit zranted to the original owner in 1986. Since that
notincauon ,, have been in contact with ail Interested parties ( The City of Broekiyn Center,
Sears, and Talisman Companies ) to come to an understanding of how we have reached this point
in our history and how we will proceed going forward.
At this time Budget Car and Truck Rental would like to formally apply for an expansion of
our special use permit to include truck rental fi Brockdale Mall.
T o follow is documentation that supports our continued operation and rational to meet the
standards for special use permits listed in section 35 -2Z0.
i
• SinCerelV, � 1
_.. _..... -te :.. .... _.. ....'.i:. ,.,
Budget.
�}-
3r and 7ruc;r Renral
Section a.
Budget rents an average of 150 trucks per month at this location. Each rental averages 1
days in length and thus an average of 5 -10 trucks will cover this demand We operate in a very
competitive market in this area. Brooklyn Center consumers benefit from our prescence as we
are one of three price competitive suppliers in the city. We have also developed a strong
commercial renter base as well. Our two largest commercial renters are established Brooklyn
Center businesses - Custom Office installation and Audio Visual Film Group.
We perform no repairs or preventative maintenence to any of our vehicles at this location.
All maintenence is performed at our facilities in St. Paul. Thus parking is limited to ` cold
storage' of vehicles prior to rental and poses no public health or safety concerns.
Section B.
The lot used for storage of vehicles is in an area that is removed from the main mall activity.
This lot is approximately 700 feet from the nearest main entrance to the mall. Also this Iet
is literally surrounded by businesses that are motor vehicle oriented - Sears Automotive,
Firestone. Goedvear, Valvoline Oil Change and The Brockdale Car Wash.
• Section C.
In the past 60 days I have received a wealth of information regarding the future plans for
Brockdaie Nfall. I have come to know the major players as it were,involved in this enormous
undertaking Budget is excited to be a cart of Broekdales bright new future. I have spoken
to James Schlesinger and we believe car and truck rental can be an enhancement to their clans.
We also understand that there are a number renovations needed not only to our operation but to
the facilities we share with Sears Automotive. Talisman has informed me that the Mall
enhancements are very much in the conceptual phase and that construction dates are at best
speculative. We have asked to be involved in the planning with Sears and Talisman.
S c::
e .ten D.
Currently there is no direct access to public streets form our storage lot. The one entrancz: exit
comes from an outer perimeter mall sere ice road. Parking needs are limited and public
streets are not auected. We understand that f-rure clans may alter this let. We again hope to
have the opportunity to work with Sears and T :lisman on our future needs.
r
Budget.
Q , ... .
3r 3no Trucx Rental
Section E.
Brockdale Mall is zoned for commercial use. Budget Car and Truck Rental provides rental
service to household/consumer as well as commercial car and truck renters at this location. As
stated earlier we are operating among businesses that are motor - vehicle related. our parking
needs are met in a lot that is far removed from the main mall activity. :knd entrance and exit
from this space is limited to one access
this space is limited to one access.
Budget.
� , rand Truck Rental
Date: 3 -10-93
To: Ltr. Ran Warren, City of Brooklyn Center
From : Dennis Goneau, Budget Car sand Track Rental
Subj : application For Special Use Permit
In September an 1936 a Budget Rent-A-Car franchisee began a car and truck rental operation
at Brookdale mall. The operation was housed at the Sears automotive Center and vehicle
parking was designated in ajacent areas by their lease holder Sears Roebuck and Company.
Some years later Budget Rent-A-Car of Minnesota was reaquired by Budget Rent-A-Car Systems
Inc. Included in the acquisition was the Brookdale operation.
In the fall of 1994 I became a Location Manager with Budget and was given charge of the day
to day operation and growth of this location. In January of 1995 I scheduled a meeting with
Sears management to discuss our respective operations and to explore future enhancements to
both of our businesses. The meeting was attended by myself, Sears of Brookdale General
Manager Eric Prestegard. and our new General Ltanager Tim Stommel. During the meeting we
were asked why we did not rent trucks at this operation like other Sears- Budget locations in malls
throughout the country. This was a question we were not prepared to answer. We speculated
that it was probably a business decision made by previous management or previous ownership, or
that a truck operation was not allowed by the mall. Eric explained that we were operating
entirely on Sears property and that any permissions needed to operate were at the disgression of
• Sears management and not the mall. We were then given the go -ahead by Sears to gersue this
acucn if we chose to do so.
In a reveiw of limited past financial data v e determined that the previous ownership and
management had operated truck rental at some point of our history with limited success. and
then at a later date chose to cease that pan of the operation.
We decided shortly thereafter that there was potential for a successful truck operation at
Brookdale and preceded accordingly.
We have operated successfully and without incident since January of 1995 and have provided
quality rental services to the community of Brooklyn Center.
In December of 1997 we were contacted by the city of Brooklyn Center and informed that we
were in violation of a special use permit gran ted to the original owner in 1986. Since that
notmcation we have been in contact with all interested parties ( The City of Brooklyn Center.
Sears, and Talisman Companies ) to come to an understanding of how we have reached this point
in our history and how we wtil proceed mooing toward.
At this time Budget Car and Truck Rental would like to formally apply for an expansion of
our special use
permit to include truck rental .
, ztal from Brookdale Mail.
To follow is documentation that supports our continued operation and rational to meet the
standards for special use ;permits listed in secuen 35 - 2=0.
i
j
n
r Sincerely r i s
1 A
Budg
•�! ' , i
•ar 3nd `ruck Rentat
Section A.
Budget rents an average of 150 trucks per month at this location. Each rental averages I -'_
days in length and thus an average of 5 -10 trucks will cover this demand We operate in a very
competitive market in this area. Brooklyn Center consumers benefit from our prescence as we
are one of three price competitive suppliers in the city. We have also developed a strong
commercial renter base as well. Our two largest commercial renters are established Brooklyn
Center businesses - Custom Office installation and Audio Visual Film Group.
We perform no repairs or preventative maintenence to any of our vehicles at this location.
All maintenence is performed at our facilities in St. Paul. Thus parking is limited to ` cold
storage of vehicles prior to rental and roses no public health or safety concerns.
Section B.
The lot used for storage of vehicles is in an area that is removed from the main mall activity.
This let is approximately 700 feet from the nearest main entrance to the mall. Also this lot
is literally surrounded by businesses that are motor vehicle oriented - Sears Automotive,
Firestone, Goodyear, Valvoline Oil Change and The Brockdale Car `Nash.
• Section C.
In the past 60 days I have received a wealth of information regarding the future plans for
Broekdale Nlall. I have come to laiow the maior players as it w - ere,involved in this enormous
undertaking. Budget is excited to be apart of Brookdales bright new future. I have spoken
to lames Schlesinger and we believe car and truck rental can be an enhancement to their plans.
We also understand that there are a number renovations needed not only to our operation but to
the facilities w m
e share with Sears Automotive. Talisan has informed me that the Mall
enhancements are very much in the conceptual phase and that construction dates are at best
speculative. We have asked to be involved in the planning with Sears and Talisman.
Section D.
Currently there is no direct access to public streets form our storage tot. The one entrancelexit
comes =rn an cuter perimeter mail serice -cad. Parking needs are limited and public
streets are not affected. We understand ?hat nature plans may alter this lot. We ag in hope to
have the oppern:nit✓ to wcrk with Sears and T aiisman on cur future needs.
BedVe.
C ORPRA TE
�ar and 7ruck Rental
Section E.
Brockdale Mall is zoned for commercial use. Budget Car and Truck Rental provides rental
service to hcusehold/consumer as well as commercial car and truck renters at this location. As
stated earlier we are operating among businesses that are motor - vehicle related. our parking
needs are met in a lot that is far removed from the main mall activity. And entrance and exit
from this space is limited to one access
this space is limited to one access.
Standards for Sce.c.al Use pe :mi`_
A special use Y ermit may be granted by the City Council ter
demonstration by evidence that all of the f011cwing are met:
• (a) The establishment, maintenance or opera t' -on of the
special use wli� .remote and enhance the general
welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort.
(b) The special use will nom be injurious to the use
and enjoyment of other property in the immediate
vicinity for the purposes already permitted, nor
substantially dir,,.inish and impair property values
within the neighborhood.
(c) The establishment of the special use will not
.: the normal and orderly development and
improvement of surrounding property for uses
permitted in the district.
(d) Adequate measures have been or will be taken to
provide ingress, egress and parking so designed
as to minimize traffic congestion in the public
streets.
(e) The special use shall, in all other respects,
conform to the appl icable regulations of the
district in which it is located.
3. Conditions and Restrictions
The Planning Commissi y
on may recommend and the City Council may , such conditions and restrictions upon the establishment,
location, construction, maintenance and eperat'_on of the special
use as deemed necessary for the protection of the public interest
and to secure compliance with recuirements specified in this ord-
inance. In all cases in w, ,
Which special use permi..s are granted,
tie City Council may y as art of t-he conditions s require such evidence and guarantees as it
may deem necessary part in conr,ec-
ticn t:erew_t.
4. Resubmission
No, apolicaticn for a special use permit which has been denied
by the City Council shall be resubmitted far a period of twelve
(' _ 2) months 'fro t �o a . � }
^� he dam_ of t fi.a_ de ermina t .cn by the City
Council expect that the applicant may set forth in writi
t_ relies es
discovered evidence of change of condition open which he relies to
gain the consent of the City Counci
time. l for resubmission at an earlier
5. Revocation and Extension of Special Use Per:rits
When a special use permit has been issued pursuant to the pro-
visions of this ordinance, such permit shall expire without fur ther
action by the Planning Com.- fission or the City Council u.-iless the
applicant or his assignee cr successor con•,mences work upon the sub-
ject property within one y ear of the date the special use permit is
befo
' the or unless t'
ro ze expiration Of
the one year period the
applicant shall apply for an extension
submitting - ns_on thereof by filling out and
g � �p the of the Planning Commission a "Special
Use Permit" appl requesting such extension and paying an
additional fee of $15.00.
Special use permits granted pursuant to the provisions of a
Prior ord
Fr ' _Hance f 9rcek'_yr,. Center shall expire within one year of
the effective date Of this cr ^_ ^arse tru _ _� cons ` ct on upon t he sub -
-ect prccerty _suant u t^
wit h�n that ti- e such special use pez.rit has not ccmmenced
In any instance where an existing and established special use
• 1s abandoned --oz +
or a Fericd of one year, the sp r.cr ec' _
ment. Ted thereto shall expire one year foilcwi thedate abandon-
February 12, 1998
City or Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 35430
To Whom It May Concern:
We would like to express our concerns on the relicensing or Budget Truck Rental, Brookdale
Center.
We have been a valid customer of Budget Truck Rental for over six years. We do 520,000 -
525.000 of business per year with them and an average of renting trucks at least once per week.
It is very vital to our business to have them as close as they are. Time is of essence to us with the
lane amounts of audio visual equipment we transport all around the city. We believe if Budget
Truck Rental was to abolish, it would cause a hardship to our company.
We. at _audio visual & Film Group would like to see that Budget Truck Rental. Brookdale Center
remain in Brooklyn Center so we could continue our good working relationship them.
Sincerely,
ROB CINCOTTA
Transportation Director
Audio Visual & Film Group
RC: kjd
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 MEETING
MARCH 26, 1998
CALL TO ORDER
The Planning Commission met in a regular meeting called to order by Chair Willson at 7:30 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, Edward Nelson, and Dianne Reem were
present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist
Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioners
Erdmann and Walker were excused. Commissioner Newman did not attend.
APPROVAL OF MINUTES TES -MARCH 1 _. 1998
There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to approve the
minutes of the March 12, 1998 meeting as submitted. The motion passed unanimously.
CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NO. 98006 (RUDGFT CAR AND TRUCK RENTAL)
Chair Willson introduced Application No. 98006, a request submitted by Budget Car and Truck
Rental to amend their special use permit to expand its car rental operation at the Sears Automotive
Center, 1299 Brookdale Center, to include trucks and to expand the location of inventory on the site.
The application was filed on 03 -12 -98 and City Council action should be taken by 05-11 -98 (60
days).
Mr. Warren presented the staff report and used overhead transparencies to show the location of the
property at the southerly end of Brookdale Shopping Center, bounded on the west by Xerxes
Avenue, and on the east and southeast by Highway 100. The property is zoned C -2 and automobile
and truck rental and leasing is a special use in that zoning district. (See attached Planning
Commission Application Information Sheet dated 3- 26 -98) for Application No. 98006.)
The special use permit was granted for a car rental business at the Sears Automotive Center in April
1986. Mr. Warren noted that one of three conditions of that approval requires that storage of the
inventory of rental cars be confined to the area under the canopy. The permit did not comprehend
• the rental/storage of trucks at that location. In 1992, the City discovered that trucks were also being
3 -26 -98 1
offered for lease and were stored across from the Sears Automotive Center. The company was
i s advised of the violation of the conditions of the special use permit. The reason for limiting car
parking /storage to the area under the canopy was because under the City's zoning code, parking
requirements are not met at the Brookdale Center. At that time, the company did not appeal the
order or seek an amendment to the special use permit and ceased the truck rentals at the location.
According to Budget Car and Truck Rental, a truck rental operation was reestablished in 1995. At
the end of 1997, the City again contacted the local company regarding the violation. The company
now seeks an amendment to the special use permit to allow expansion of its operations to include
truck rental. Rentals would be housed across the perimeter road from the Sears Automotive Center.
The City agreed not to pursue removal of the truck rental operation while the applicant seeks the
necessary special use permit.
Mr. Warren reviewed the written request (letter dated 3- 10 -98) submitted by Mr. Dennis Goneau,
on behalf of Budget Car and Truck Rental, which describes how its proposal meets the five standards
for a special use permit contained in Section 35 -220 of the zoning ordinance.
Mr. Warren acknowledged that the documentation provided by the applicant in support of its request
has merit. He pointed out, however, that Standard E requires conformance to the applicable
regulations of the district in which the use is located, which includes parking requirements. He
explained how parking requirements are determined for the Brookdale Center noting the City's
position that expansion at Brookdale cannot be allowed without the provision of additional parking
to meet the current requirements of 5.5 parking spaces per 1000 sq. ft. of floor area. He pointed out
that the original special use permit granted for Budget at Sears allowed rental car storage /parking
only under the canopy area which was an abandoned service station which was not considered to be
a customer parking area under the ordinance. It is therefore concluded that the applicant's proposal
does not conform to the applicable regulations of the district it is located in, specifically with respect
to parking requirements.
A review of other special use permits for auto /truck rental/leasing granted by the City in the past
indicates that compliance with required parking formulas has always been a basis for granting such
permits with limitations on the number of rentals and/or the location of parking at those sites.
In addition, the staff report questions the appropriateness of a highly visible truck rental operation
at a regional shopping center (Standard B). Mr. Warren noted that recently 19 trucks and trailers
have been counted at the applicant's Brookdale site. In view of the major renovation of the shopping
center contemplated by new owners, storage of rental trucks and trailers may be viewed as
detrimental to the image necessary for a successful regional mall, although comment from the new
owner on this application is not available.
Mr. Warren described options available to the Commission with respect to action on this application
and noted a public hearing is scheduled on the matter at this meeting.
Chair Willson called for questions on the application from the Commissioners.
3 -26 -98
Commissioner Nelson asked about the relationshi p between Sears and the Brookdale Center. Mr.
Warren described the composition of Brookdale, named its major tenants, and explained that parking
requirements are determined for the shopping center complex as one entity. He explained that the
retail parking formula was last modified about 1990. Mr. Warren described options the new owners
may consider to alleviate the parking deficiency.
PUBLIC HEARING (APPLICATION NO. 98006 - BUDGET CAR AND TRUCK RENTAL)
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to open the public
hearing on Application No. 98006 at 8:12 p.m. The motion passed unanimously.
Mr. Dennis Goneau, location manager of Budget Car and Truck Rental, representing the applicant,
stated they were unable to get any documentation from the new owner regarding their position on
this matter. He explained that since 1986 there have been ownership and management changes at
the rental company, therefore the inclusion of truck rentals was only considered with the Sears
management, since the space occupied by Budget is leased from Sears.
In response to Commissioner Reem's question regarding Budget's relationship with Sears, Mr.
Goneau explained that Budget is a separate company operating out of Sears property at the
Brookdale location. The company has 500 rental locations throughout the country including several
in the Twin Cities area. He stated the Brookdale operation is very successful with more than 50
truck rentals each month.
Commissioner Boeck suggested allowing truck rentals, but that no storage of trucks be permitted.
The trucks could be moved to Brookdale from other locations as needed to satisfy customer
demands. Commissioner Boeck also noted that the Commission recently approved truck rentals by
limiting the number and size of trucks on site at the 69th Avenue/Humboldt Avenue location.
Chair Willson inquired whether Brookdale's owners have plans for dealing with the parking issue.
Mr. Goneau stated he did not know what the plans are, but anticipates working with the new owners
to maintain their operations there. He acknowledged that Budget is looking at other properties in
Brooklyn Center for relocation of its operations should the vehicle rental business not be a part of
the renovated mall.
No
other individuals from the public appeared before the Commission during the public hearing on
Application No. 98001.
CLOSE PUBLIC HEARING (APPLICATION NO. 98006)
There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to close the public
hearing at 8:27 p.m. The motion passed unanimously.
Chair Willson called for further discussion from the Commissioners.
Chair Willson stated there have been no changes since 1986 when the special use permit was granted
that warrant amending the existing permit. Furthermore, parking at Brookdale remains deficient
3 -26 -98
based on the applicable ordinance and the Commission must uphold City ordinances, until changed,
and should not set any precedents by exempting applicants from complying with current zoning
regulations.
Commissioner Reem agreed that ordinances and the existing conditions of the special use permit
should be upheld, indicated that truck rental at the shopping center does not seem appropriate, and
expressed support for retaining the business in Brooklyn Center at another acceptable location.
Commissioner Boeck moved to recommend to the Council that Application No. 98006 be approved
to expand the special use permit to include truck rental and to allow 4 truck storage spaces on the
site to be located at the southerly area of the presently used parking area. The motion failed for lack
of a second.
Commissioner Boeck explained his motion for approval is based on previous Commission actions
to permit limited truck rental at other locations, including the Humboldt/69th location. The truck
storage area he recommended at the Sears/Brookdale site does have some trees to provide screening
that could meet the requirements of Standard B of the regulations.
Commissioner Nelson noted that the Humboldt location is close to a small neighborhood shopping
center and is not comparable to a major regional shopping center. It was also pointed out that
although this application may have some similarities to the Humboldt/69th truck rental operation,
that permit was granted under strict adherence to ordinances including parking requirements. In
• general, the Commission agreed that issues of concern surrounding Brookdale shopping center
include an underlying image problem.
ACTION RECOM MENDING DENIAL OF APPLICATION NO. 980 - BUDGET CAR AND
TRUCK RENTAL FOR EXPANSION OF OPERATION
There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to recommend
denial of Application No. 98006 submitted by Budget Car and Truck Rental to amend its special use
permit to expand the extent and location of inventory parking in conjunction with their rental
operation at 1299 Brookdale Center on the grounds that Standard E of Section 35-220 (Standards
for Special Use Permits) is not met particularly with respect to the ordinance parking requirements
for Brookdale Shopping Center.
Commissioner Boeck requested Commissioner Reem to consider an amendment to the motion to
include approval of truck rentals with limiting storage and/or parking to only the area under the
canopy as specified in condition number 2 of the original special use permit granted in April 1986.
Commissioner Boeck reiterated his concern for consistency with previous approvals by the
Commission for truck rental operations.
Commissioner Nelson inquired how compliance is handled by the City. Mr. Warren explained that
code enforcement officials are responsible for compliance and violations could result in a
misdemeanor tag. He acknowledged that due to employee turnover, the rental and storage of trucks
•
3 -26 -98 4
at the Brookdale Budget operation was inadvertently overlooked for a period of time and closer
scrutiny to compliance is essential.
Commissioner Reem subsequently rejected Commissioner Boeck's amendment to her motion and
the Commissioners voted on the motion to deny approval of Application No. 98006.
Voting in favor: Chair Willson, Commissioners Nelson, and Reem.
Voting against: Commissioner Boeck.
The motion passed on a vote of 3 to 1.
There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend
to the Council that it amend the special use permit granted in April 1986 to Budget Car and Truck
Rental, 1299 Brookdale Center, to include trucks in its overall rental operations by amending
condition 2 of the original special use permit to read: " 2. Storage of inventory of cars and trucks
for rent shall be confined to the area under the canopy."
Voting in favor: Chair Willson, Commissioners Boeck, Nelson, and Reem.
The motion passed unanimously.
The Council will consider the recommendations at its Monday, April 13, 1998 meeting. The
applicant must be resent. Major changes to the application as reviewed b the Commissioners will
PP P J � PP anon y
require that the application be returned to the Commission for re- consideration.
CLARIFICATION OF SECTION 35 -355. SUBDIVISION 5
As requested by the Commission at its March 12, 1998 meeting, Mr. Warren presented information
on how the staff reviews and considers planned unit development (PUD) applications. In general,
if a PUD contains individual parcels, development of all parcels need not be fully described in an
initial application; i.e. each parcel may be presented as individual applications for separate parcels
are subsequently developed. This approach allows flexibility in the development of properties.
However, certain components, such as access, utilities, drainage, etc., generally are integral parts of
the entire PUD and are carefully reviewed.
Commissioner Boeck explained that in his judgment it was in the best interests of the City that the
entire property and/or parcels of a PUD should be presented and viewed as a total development
package to ensure control, compatibility, and overall acceptability of the property's development.
There was a discussion of the merits of both approaches. Mr. Warren indicated that according to a
discussion and review with the City Attorney, the current procedures are appropriate.
OTHER BUSINESS
No other business came before Commission. The next meeting of the Planning Commission is
scheduled for Thursday, April 16, 1998.
3 -26 -98 5
ADJOURNMENT
There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:27
p.m.
Recorded and transcribed by:
Arlene Bergfalk Chair
TimeSaver Off Site Secretarial, Inc.
•
3 -26 -98 6
City Council Agenda Item No. 9a
April 13,1998
• April 7 1998
MEMO
TO: Michael J. McCauley, City Manager
v Jane A. Chambers, Assistant City Manager/HR Director
SUBJECT: Agenda Item for April 13 meeting, Sewer Back -up at 5160 Drew Avenue
The homeowners at 5160 Drew Avenue are planning to attend the April 13 meeting of the City
Council. They want to bring their concerns to the City Council regarding the LMCIT's denial of
their claim with regard to a sewer back -up which took place on March 3, 1998. Staff is not
requesting any action of Council regarding this item other than to hear the homeowner's
concerns.
The Council has previously received information regarding this issue. City Attorney Charlie
LeFever has also received the information from the LMCIT regarding its denial of the claim.
Attached is a copy of the memo and LMCIT information that was released to us regarding the
status of the homeowner's claim.
:March 30, 1998
® MEMO
TO: Michael J. McCauley, City Manager
Charles Hansen, Finance Director/Risk Manager
FROM: Jane A. Chambers, Assistant City Manager/HR Director
SUBJECT: Sewer Backup at 5160 Drew Avenue
On March 3, 1998, the home at 5160 Drew Avenue experienced a sewer backup. Damage to the
property was sustained as a result of the backup, and Finance Director Charlie Hansen advised the
homeowners to file a claim with the City's insurance carrier, League of Minnesota Cities
Insurance Trust (LMCIT).
LMCIT has denied the claim of the homeowners for the incident. Decisions about payment of
claims at LMCIT are based on negligence factors. LMCIT has concluded the City is not negligent
with regard to this incident. The City of Brooklyn Center has an excellent program of
maintenance and inspection of sewer lines, and therefore cannot be held liable for this incident.
This decision is supported by common practice and case law in sewer back -up incidents.
The homeowners claim damage to walls and floors, to carpeting, to furniture, and to clothing that
• was in the basement. The LMCIT adjuster report indicates that clean-up cost was estimated at
$1,738.27 (Service Master), plus carpenter bid for tearing out walls and floors in the amount of
$4,450.71, or about $6200. The homeowner has told me of additional cost of lost clothing
($800), cleaning of furniture ($400), and estimated lost carpeting of ($1850). The homeowner
claims a total loss close to $9,250 for the incident. The homeowner will receive $5,000 from
homeowner's insurance to offset the loss.
The LMCIT insurance adjuster in this case has visited with the homeowners and discussed the
reason for the denial of the claim with them. City staff has also discussed the reasoning behind the
denial with the homeowners. Attached, please find the portion of the denial report that LMCIT
would release to us regarding the claim. This portion is signed by the adjuster, Peter Schroeder.
cc: Charles LeFever, City Attorney
Thomas and Angela Agness
0 facsimile LMCIT
TRANSMITTAL League of Minnesota Cities Insurance Trust
145 University Avenue West
St. Paul, MN 55103 -2044
to: rome, �� a � s fax m: 57 q 3 �JV
company: rd v S ri, k fyM. r date: � - �d �9�' - r 4 r pages: �
(including this oovcr shcct)
re: 4n e (.A,4-4 A e hzirl� 4 i
�"P - f�' �i' �I �r���'+�s l'o,Q�� �" • � Get �1T�" S•!r`t N6Nci ?�'/.2 .�%�/t�i
��° G,�ll�c�.r 't"s�° ��� r C��2� ,�► /1'�v' 7Y"l_, 1 S7`�ltCPr�,
From the desk of...
Dennis Filas
Claim Supervisor
BERKLEY RISK SERVICES, INC.
(612)281 -1284 (Direct) or (800)925 -1122
iDD (612)281-1290 Claims Fax: (612) 281 -1297
Underwriting Fax: (612) 281 -1298
dfilas @Imnc.org
U•
• I f.. N [�i
o )
) .) C1.
r 11 t_) 1�
N U N RS )
-
S-+ to IP I--
O I ll ?. cn p s "A N Lj H
1J C) 'A
N Cd r v. f r.
0 t) qy •r1 O
N 4) M to dt M ra 4) r: pt
1 4) to (h V)
U) a-) .X
rt00-1 N UU N 0
i ,q Q, r: a� ' �� S O O O ca X Cj u
�� 'd L , •�+ tr O r. o u u td
1 4 17 : rj
r1 0 O N N,
U O ,J O f= r I } 1 N O
cn 1
o ,� C [ } -1 4) •rt 0
,
C{ � N 3 a) I)
.0 (13 U, t, .3
' U •-a ,) j -ri .C� )) c) ..1 tJl.r: ji
f�, • 1 �!1 11 -. 1 U r 1 C) U) t1S
N r I y, Q) , i
N ) -
f f' s: d •) r-1 U O a) to N u Ot 3 fn
U 41 4)
'! iC N 1( LS t td ', O -IJ R S nl u .N O f
U U -14
rt} N t)
rd 5 N aj N la a -, O cn (o 11 N at
N c; } 1 rd t3) U) > �t 1 F' N N 11 n) • 1
O N N t: 1-I td O d rti U t) i N U r rri
9 N C E✓ s rtS Q, S), RS -
0 N
E" 4y nS cn
4, � cn E: rd `� •� t •mot )� 0 ,.) 0 � .t1 t - ' �, to
t > C71 0) G tj [: E t a rt1
N U
� ff) r: V U .C2 't t [ , rtS In )d r { N E s -{ U }, r-I r , •
RS a) to rt -A U .$) t31 (ail
F t U c 0, } r N n, G to rtS rr i U N
ell 1 O E }) r 1 4) ca r( . -1 ) --A 0
to rd 11 0 o
U U U
U
I.
Berkley Risk Servr -Ces, �.LC
SRS Claim No.: 11021598
Our - rile No. M?S30000
N ?arch !7, 1998
a nnually. Upon rece:.ving notice of a backup, the Cyty r esponCled
and resolved within 20 minutes.
On March 13, 1995 we contacted , is. Agness by telephone advising
of cur position and have follow °d up wi th the enclosed
correspondence.
RSNLTLRKS :
we will retain an open file for a period of 20 days and close at
that time absent any further contact from the claimant.
very truly yours,
ALLIED ADJUSTERS
Pete Schroeder
=sic
•
s
City Council Agenda Item No. 9b
April 13, 1998
Member
introduced the the followm., resolution and moved
its adoption:
I
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF RONALD PEARSON
WHEREAS, Ronald Pearson has been an employee of the City of Brooklyn Center,
Police Department, from May 6, 1970 to May 9, 1998; and
WHEREAS, Ronald Pearson has been a Public Safety Dispatcher from 1970 to
1998; and
WHEREAS, Ronald Pearson has faithfully served the residents of the city of
Brooklyn Center for over 28 years; and
WHEREAS, his dedicated public service and civic effort for the betterment of the
community merit the gratitude of the citizens of Brooklyn Center; and
WHEREAS, it is highly appropriate that his service to the community should be
recognized and expressed.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the dedicated public service of Ronald Pearson is hereby recognized and
appreciated by the City of Brooklyn Center.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
� CFNl�
BR.00�:LYN CENTER
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Joel Downer, Chief of Policeg2,._
DATE: April 1, 1998
SUBJECT: Resolution For Public Safety Dispatcher Ronald Pearson
Public Safety Dispatcher Ronald Pearson has submitted his resignation and his last day of
employment with the City of Brooklyn Center will be May 9, 1998. Mr. Pearson has been a
public safety dispatcher for the Brooklyn Center Police Department for over 28 years.
A signed resolution by the City Council is usually presented to an employee retiring from City
service. I have attached a resolution that should be put on the council agenda at the April 13th
meeting.
If you have e an Yquestions, please contact me.
SK:kh
Pearson. mzm
•
City Council Agenda Item No. 9c
April 13, 1998
i
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION RECEIVING AND ACCEPTING SUMMARY REPORT OF KEY
CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU, JR.
WHEREAS, the City Council met in a facilitated workshop on February 27, 1998,
to refine the direction given on a number of critical issues facing the City and to review proposed
goals for calendar year 1998, and
WHEREAS, the facilitator, Carl H. Neu, Jr., has prepared a Summary Report of
Key Conclusions and Findings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Summary Report of Key Conclusions and Findings prepared by Carl H.
Neu, Jr., be and hereby is received and accepted.
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.
O
CITY OF BROOKLYN CENTER,
MINNESOTA
CITY COUNCIL LEADERSHIP
AND GOAL - REFINEMENT WORKSHOP
Conducted on
February 27, 1998
SUMMARY REPORT OF
KEY CONCLUSIONS AND FINDINGS
Prepared by
Carl H. Neu, Jr.
March 2. 1998
cc Neu & Company, 1998
•
CITY OF BROOKLYN CENTER,
MINNESOTA
CITY COUNCIL LEADERSHIP
AND GOAL - REFINEMENT WORKSHOP
SUMMARY REPORT OF
KEY CONCLUSIONS AND FINDINGS
I. INTRODUCTION
On February 27, 1998, the five City Council members, the City Manager and Assistant
City Manager of Brooklyn Center conducted a Workshop to refine the direction given on
a number of critical issues facing the City.
H. KEY CONCLUSIONS AND FINDINGS
A. Review of Proposed 1998 Goals
Attached is a listing of the proposed 1998 goals prepared during the August, 1997
Workshop.
1. Discussion pertaining to Goal F: City Council will be more active in
• regional issues affecting the City.
The question before the group was "How does Council become more
effective in representing the City in regional issues ?"
The conclusions reached were:
• As opportunities present themselves to the City of Brooklyn Center,
the City Council and staff will respond as appropriate. It was
concluded that the City does not have sufficient staff and time to
assume a proactive stance on all regional issues affecting the City.
•
Use Council liaisons and various organizations the City has
available to it to represent the City on regional issues.
A question arose as to whether or not Council members should be assigned
as representatives to certain League of Minnesota Cities committees:
2
• The following process was discussed:
Organization Reoresentation
a. League of Minnesota Kathleen Carmody
Cities City Manager
• Council members
attend annual LMC
meeting
b. Legislative Conference City will contact members of
Meetings the Legislative delegation.
C. North Metro Mayors 0 Mayor
• City Manager
d. Aid tI v1 Debra Hilstrom is
representative for the City
It was concluded that liaisons to these various organizations
will provide feedback and appropriate materials to the rest of
Council and staff.
B. Community Involvement
A brief discussion ensued among the Council members pertaining to achieving
more community involvement through efforts such as presenting awards
certificates for achievement to students for things such as perfect attendance, etc.
It was concluded that whatever effort is undertaken needs to be a program that is
easy to administer on the part of the City and replies on self - reporting of
information to the fullest extent possible. Kay Lasman and Kathleen Carmody
will bring ideas back to the Council for further consideration.
Some of the ideas discussed briefly at this meeting included random acts of
kindness, attendance awards, and participation in volunteer projects.
C. Specific Review of Selected Items:
1. Earle Brown Heritage Center
• Need to reconfigure financing
• Update on financing will be included in Capital Improvement Plan
to reflect T.I.F. changes resulting from recent legislation.
Golf Course
A plan was adopted for its capital needs with a restructured debt.
3. Liquor Store Status:
• Profomma to relocate a facility across the street for a two year
period.
• Two proformas for the Rainbow Site are being developed
• Council will get information at March 2, 1998 meeting.
• Council will schedule the review of the Liquor Store item for
discussion in early 1999 so that adequate time exists to make a
final decision and act upon City direction within the two -year lease
time frame - leases expire in the year 2000.
4. Community City/Pool
• Establish information framework to present options to the
community for discussion
• Provide data and profiles on usage of community center/pool
• Solicit input from users and seniors at public meetings
• Revisit and revise options based upon data and feedback
• Follow the processes that were used for the police and fire facility
discussions.
D. Development Issues
1. Brookdale:
• Information on the development is undergoing a number of
iterations and currently lacks specifics
• No concrete proposal has been received from the developer for the
City to evaluate or to which to respond
• City will respond only to specific proposals submitted by the
developer
• City needs to clarify and state clearly its role in this issue
• The City Manager will keep Council informed when specific
information is available to him
• The City Manager will visit developer projects in other cities
• City Manager was asked to schedule a session permitting the
developer to meet with the City Council to discuss the project.
4
53rd Avenue
• Invite Commissioner Mike Opat to the neighborhood meeting to
receive input and hear neighborhood comments.
• City will not delay the project.
• Final design details will emerge after receipt of neighborhood
input.
3. 252 and 694
• A multi -plex theater proposal at the southwest corner of 252 and
694 is scheduled to come before the Council on March 2, 1993
• Policy issues related to this proposal will be presented to Council
on March 3, 1998
• Potential impact of multi -plex theater project on Brookdale
Potential Positive Potential Negative
Imoacts Imnacts
• Definite cash flow for Could hurt prospects
the TIF for Brookdale to
acquire multi -plex
theater complex at that
site
• Redevelopment will City could turn down
occur at a corner the project and
where it is needed Brookdale still may
not get theaters at its
site.
• There will be
relatively low traffic
impact on the
intersection
• High level of
certainty, virtually
100 0 /10, that project
could go forward if
approved by City
Council
5
4. 69th and Brooklyn Boulevard
• It is recommended that a specific accounting procedure be used to
determine the cost of land to be developed after desired roadwork
is complete at this intersection. Essentially the process would
involve using the net cost of the land available for redevelopment
after intersection improvements have been completed.
E. Enterprise Management
This item essentially involves the creation of a senior management position within
the City for an individual who will manage entrepreneurial and special projects.
City Council members decided that this position should be pursued with the City
Manager bringing definite recommendations to the City Council.
F. Loan Improvement Program for Home (exterior) Improvements
The City Manager will report back to the Council on strategies for pursuing this
objective and evaluating the possible participation of GMHCC.
G. Goal - Setting Workshop
Date of August 14, 1995, was adopted tentatively as the time for the next City
Council Goal- Setting Workshop.
• 6
r
PROPOSED 1998 GOALS
The following proposed goals were presented during the August, 1997 Workshop
for calendar year 1998:
a. Develop plan for providing operating and future capital needs funds
for the golf course, liquor stores, and Earle Brown Heritage Center.
b. Review City's departmental structure with analysis of needs and
identification of opportunities for improved service delivery.
C. Establish contingency option for Council in the event of funding
losses.
d. Establish long -range financial plan for City:
(1) 5 -year
(2) 10 -20 year appendix of major future needs and possible
•
approaches for addressing these needs
e. Implement fire and police plans
(1) either build with bond proceeds
(2) seek betterment of facilities if no bond monies are available.
f. City Council will be more active in regional issues affecting the City.
(1) Continue work on redevelopment issues with emphasis on:
Brookdale
(3) Brooklyn Boulevard
(4) 53rd
g Continue Code enforcement with Council review of rocess and goals
P ..
with staff to refine the code enforcement effort.
r
h. Meet with Commission chairs to develop updated goals and missions
for each of the City's Commissions.
i. Develop a plan to address building needs at City Hall /Community
Center for handicapped accessibility, roofing, heating, ventilation and
air conditioning and removal of police functions, and citizen access
and service.
(1) Council chambers (sound system, lights, etc.)
(2) ADA accessibility
(3) Roof
(4) Entrances
(5) Community center
(6) Heating, ventilation and air conditioning
Implement those study recommendations adopted by Council for liquor
store and Earle Brown Heritaue Center.
•
City Council Agenda Item No. 9d
April 13, 1998
Office of the Citv Manager
City of Brooklyn Center
A great place to start. A great place to stay.
Michael I McCauley
City :11ana,er
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody Hilstro , asman, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 8, 1998
SUBJECT: Work Sessions
I would request that a general work session be set for Monday, April 20, 1998, at 7 p.m. As the Council
requested previously. I would suggest April 29, 1998, at 7 p.m. for the City Council to conduct a public
informational meeting regarding the proposed senior cooperative housing development at Willow Lane and
66th Avenue North in Constitution Hall.
s
6301 Shingle Creek Pkuti; Brooklyn Center, i'V 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. 9e
April 13, 1998
e
i
gQ pmyx Ce 19
BROOKLYN CENTER
,
POLICE DEPARTNIEN
POLICE
MEMORANDUM
TO: Mike vlcCaulev, Cite )vlanager
FROM: Joel Downer, Chief Downer
DATE: April S. 1993
SUBJECT: Mobile Computing Device (MCD) update
The Brooklvn Center Police Departments Mobile Computing Devices (MCD's) have the
following capabilities:
Communication
Car to car. car to dispatch, car to workstation messaging
Computer aided Dispatch (CAD)
J Receive information on a current dispatched call for service including previous call for
service information to that location
�1 Time stamps officer response (enroute, arrive, close) regarding the dispatched call for service
rl Assign case number and add comments regarding the dispatched call for service
J Chanae officer status (i.e., lunch break, report writing, directed patrol, etc.)
J Display current status of all units
V Display current pending calls for service
Records Management System (RtiIS)
r/ Query Brooklyn Center's Records System (ten years of data) by address. business name, case
number, citation number, name, and vehicle plate
State of NIr Connection ('established in SeDLember, 199;-)
1 Query- drivers licenses (all states)
J Query vehicle plates (all states)
l Query. boat registration
Quern warrants /missing persons (C1C. State of ylinnesota. and county rya ants that are
prov. to the Mate)
® Miscellaneous Features
I Printing
., Savin z to nary drtve
Memorandum to tit. McCauley
® Page 2
April 8, 1998
The following are statistics on use/maintenance of the MCD System:
Car to Car, Car to Dispatch, Car to Workstation Messaging
Friday, April 3. 1998 (0001 to 2359) 15Y Messages
Saturday, April 4. 1998 (0001 to 2359) 257 Messages
Sunday, April 1998 (0001 to 239) 264 Messages
State Inquires from the hICD
Friday, April 3. 1998 (0001 to 23 5 9) 161 Inquires
r� Saturday, April 4, 1998 (0001 to 23- 214 Inquires
Sunday, April 5, 1998 (0001 to 2359) 172 Inquiries
Maintenance on Hardware (10 Units)
dine units were sent in for maintenance sine January 1. 1993. Each unit was out of service
an average of three to five days. Accommodations are made that each officer on patrol has an
NICD in their assigned squad.
Overall the department is pleased tivita the NfCD System. The MCD's have become a valuable
tool in the department's daily operations. Officers have experienced very little down time
considering the complexity of the NICD System.
JD:pph
•
City Council Agenda Item No. 9f
April 13, 1998
•
GK�E.c
i
5tt',
f P IP 4� l
3 00KLY!ti" CENTER
FIRE DEPARTMENT
MEMORANDUM
TO: Michael McCauley City Manager
FROM: Ron Boman Fire Chief
SUBJECT: Emergency Prep. Manuel
DATE: February 25, 1998\
Here is a copy of our emergency preparedness manuel for the City we need to have the
City Council approve it and them get the needed signatures on it.
Basically either myself or in my absence Joel Downer will give you the information you
need to make decision should we have a disaster in our city. The line of authority is
still the City Manager, City Council ect. This Manuel is required to be a part of the
federal emergency management system in the event of a disaster.
Any question please call me.
C!; Y Or BROOKLYN CENTER Basic Plan
EMERGENCY OPERATIONS PLAN Revision: 0
I. Reason for Plan
High winds, tornadoes, floods, bli ards, cold weather and other natural disasters
can affect the City. In addition, major disasters such as car and train wrecks, plane
crashes, explosions, accidental releases of hazardous materials, barricaded
subjects and civil disorder could pose a potential threat to public health and safety
in Brooklyn Center. An emergency plan is needed to ensure the protection of the
public from the effects of these conditions.
II. Purocse of Plan
The City has many capabilities and resources which could be used in the response
to disasters. These include facilities, equipment, personnel and the skills of both
government and non - government professions and groups. The purpose of this plan
is to ensure the effective, coordinated use of these resources so as to:
A. Maximize the protection of ilfe and property;
B. Ensure the continuity of government;
® C. Sustain survivors;
D. Repair essential facilities and utilities.
III. Corrective Plan Action
At least once annually, the Emergency Preparedness Director or Coordinator will
hold either a planning, table top or full scale exercise to test the planning and
operational components of the general operations plan. Upon the completion of the
exercise, a briefing will be held to determine strengths and areas which may need
corrective action.
In addition to the mock exercise, significant actual events occurring during the year
would be recorded and submitted to the Hennepin County Emergency
Preparedness Division for exercise validity.
i
CITY OF BROOKLYN CENTER Basic plan
• EMERGENCY OPERATIONS PLAN Revision 0
1V. Orcanization
Existing government is the basis for emergency operations. That is, government
agencies will perform emergency activities related to those they perform on a
day -to -day basis. City organization and inter - relationships are shown on Chart A
of this basic plan.
2
L
CITY OF BROOKLYN CENTER Basic Plan
EMERGENCY OPERATIONS PLAN Revision: 0
IV, Legal Basis and References
A. Public Law 920, as amended.
B. Public Law 99 -499, (Superund Amendments and Re- authorization Act
(SARA) of 1986).
C. Minnesota Statutes, Chapter 12, as amended.
D. Minnesota Statutes Chapter 3153, Pipeline Safety Act.
E. Minnesota Statutes, Chapter 318, Emergency Planning; Community Right -to-
Know Act.
F. City of Brooklyn Center Code of Ordinances, Chapter 31.
G. Minnesota Division of Emergency Management Bulletin No. 87 -1.
H. Hennepin County Emergency Plan.
I. Mutual aid agreements.
J. Metro West EMS Operational Plan.
K. Facility hazardous materials plans.
e
Basic Plan
CITY OF BROOKLYN CENTER Chart A
EMERGENCY OPERATIONS PLAN Revision: 0
CITY ORGANIZATION AND INTERRELATIONSHIPS
EXECUTIVE BOARD
Mayor /Council i
Policy Group
OPERATION CONTROL Public info Officer
i I City Manager Assistant City Manager
1 I ,
Coordinator Group
Director
Coordinator
I I
I
EOC STAFF
I DEPARTMENT HEADS
STAFF
1
• City Manager Deputy City Clerk/Purchasing
I MANAGER'S OFFICE ;PURCHASING DEPT.
Public Affairs ; Purchasing of Supplies
Police Chief I
Community Deveiooment Director
POLICE DEPARTMENT PLANNING & INSPECTION DEPT.
j Law Enforcement Medical EMS ( Congregate Care, Damage Assessment
Warning Communications
Director of Public Works
I Director of Finance
1 PUBLIC WORKS DEPT. FINANCE DEPARTMENT
Utity Restoration, Sanitation, Debris , i Accounting of Expenditures
I Clearance
i Assistant Fire Chief i I Director of Park and Recreation '
FIRE DEPARTMENT PARK & RECREATION DEPT.
Fire, Medical -EMS, Radiological Monitor Congregate Care
0
ti
CITY OF BROOKLYN CENTER Basic Plan
• EMERGENCY OPERATIONS PLAN Revision: 0
V. Direction and Control
The direction and control of government operations from a central, protected facility
with adequate communications and key personnel is essential to the continuation
of emergency operations.
The Mayor is responsible for providing overall policy direction of City government
resources involved in the response to a disaster. The City Manager will serve in
a staff capacity to the Mayor and will coordinate aspects of this plan with the
Emergency Management Director (Fire Chien. The Emergency Management
Director will also serve as a liaison with the Hennepin County /Minnesota
Emergency Management Directors.
Generally, direction and control of the City's response to a major disaster will take
place from the City Hall Emergency Operating Center (EOC). The City EOC is
located at 6301 Shingle Creek Parkway.
The on -scene commander is the ranking or senior officer at the scene unless
designated otherwise. Principles of the Minnesota Incident Management System
(MIMS) will be utilized whenever practical.
(For additional EOC information, such as staf�ing, communications, etc., refer to the
Direction and Control Annex to this Plan.)
VI. Emergency Resoonsibility Assionments
A. A summary of the City's emergency responsibility assignments, by function,
is shown on chart B. Directors /heads of the various City government
departments and agencies will be responsible for carrying out the
assignments shown on this char,.
B. Responsibilities have been assigned by a code letter: "P," "S" or "C."
1. "P" indicates primary operational responsibility, which means the
official or agency is in charge of, and responsible to make provision
for, that function.
2. "S" indicates su000rt responsibility, which means the agency so
assigned will, if possible, support and assist the official or agency
designated primarily responsible.
"C" indicates coordination responsibility, and is assigned when
® several agencies have support capability but no specific official Cr
agency has obvious primary responsibility. This will be especially
'rue when non -gover ^mental agencies are involved.
CITY OF BROOKLYN CEN TER Basic Plan
® EMERGENCY OPERATIONS PLAN Chars B
Revision: 0
EMERGENCY RESPONSIBILITY ASSIGNMENTS
Code: P =Primary, S = Support, C = Coordination
I� FUNCTION RESPONSIBLE AGENC REMARKS ,
1. Warning and Police Department (P)
Notification Hennepin County (S) Activation of Sirens
Waminq Point
2. Direction and Control City Manager's Office (P) Emergency Management
Office of Emergency Director
Preparedness (C) Emergency Management
Coordinator
Emergency Public Mayor (P) Public Information Officer
• v Information City Manager's Office (S)
4. Search and Rescue Fire Department (P)
Police Department (S)
Mutual Aid (S)
S. Health /Medical and Health Department (P) Health & Sanitation
Sanitation North Memorial Medical Center Emergency Medical
(S) Assistance
Police Department (S) First Response
Fire Department (S) First Response
American Red Cross (S) Supplemental First Aid
North Ambulance (S) Ambulance Service
6. Security, Evacuation Police Department (P)
and Traffic Control Fire Department (S)
Mutual Aid (S)
Brooklyn Center High School & Buses
MTC (S)
Basic Plan
t Cl T Y OF BROOKLYN CENTER Chart B
EMERGENCY OPERATIONS PLAN Revision: 0
EMERGENCY RESPONSIBILITY ASSIGNMENTS
Code: P = Primary, S = Support, C = Coordination
FUNCTION RESPONSIBLE AGENCIES REMARKS
7. Fire Protection Fire Department (P)
Mutual Aid (S)
S. Damage Assessment Planning & Inspections
Department (P)
Assessing Department (S)
Public Works Department (S)
9. Congregate Park & Recreation Department (P) Care
American Red Cross (S)
Salvation Armv (S)
0 10. Debris Clearance Public Works Department (P)
Mutual Aid (S)
1. Utilities Restoration Public Works Department (P) Includes Utilities Department
Utility Companies (S) NSP, US West, AT &T,
Minneaasco
12. Radiological/ Fire Department (P)
Hazardous Materials Police Department (S)
Protection Hennepin County (S)
Mutual Aid (S)
Mate of MZnrps (,Cl
CITY OF BROOKLYN CENTER Basic Plan
EMERGENCY OPERATIONS PLAN Revision: 0
V11. Ooerations Policies
A. Protection of life and property during an emergency is the primary
responsibility of government at all levels.
B.
Inane a
emergency affecting mor., than 9 Y � t one political jurisdiction, officials of all
jurisdictions will coordinate their services to the maximum extent possible.
C. The Emergency Management Director will assist in providing resource
coordination between government agencies and the private sector.
D. City government resources must be utilized to the maximum before City,
State or Federal assistance is be made available.
E. Each participating agency will provide for maintenance of records during an
emergency. These records should include work hours, equipment hours,
supplies and materials, injuries to personnel, along with any damage to
public facilities and equipment.
F.
Priority consideration should be given by the responding agency to those
racilities which are critical to municipal operations.
G. Staging areas --in the case of situations that require a large response of
personnel and equipment, the incident commander shall be responsible for
establishing various staging areas to accommodate and coordinate
responding personnel. Generally, staging areas shall not be in the
immediate area of the incident, but in the general area adjacent to the scene.
Staging areas should be designated by purpose, i.e., police, fire, EMS, etc.
Open areas such as parking lots with well connecting routes to the
emergency scene are desirable.
H. The City is in the process of developing a recovery plan i
p g n the event that 'the
rY P
main City facilities are rendered inoperable. Duplicate copies of all vital data
necessary for operations is maintained off -site.
CITY OF BROOKLYN CENTER Basic Plan
EMERGENCY OPERA T IONS PLAN Revisicn:0
Vlll. Sucoort
A. National Guard
1. Overview
When a natural disaster or other major emergency is beyond the
capability of local government, support from National Guard may be
available through the State Duty Officer. Only the governor, as
commander -in -chief of the Minnesota National Guard, has the
authority to activate the Guard. The purpose of the activation is to
ensure the preservation of life and property and to support civil law
enforcement agencies:
National Guard assistance will complement, and not be a
substitute for City participation in emergency operations.
b. National Guard personnel will remain under military command.
They will support and assist City forces in the accomplishment
of assigned tasks.
2. Request Procedure.
In the case of the County and cities that are not of the first class, the
sheriff must submit a request for assistance to the Governor. In the
case of cities of the first class, the mayor, after consulting with the
County sheriff, will also submit the request to the Governor for
consideration. Requests for activation of the National Guard should
be submitted to the State duty officer by calling 549 -5451.
B. State and Federal Agencies.
1. A summary of State and Federal programs available to local
governments which are experiencing cr have experienced a disaster
is contained in Disaster Resoonse and Recovery: A Handbook for
Local Government.
Also available is a guideline entitled Minnesota Emergencv
Management Director's Handbook.. Both of these documents were
developed by the Minnesota Division of Emergency Services (DES),
and are on file with the Brooklyn Center Emergency Management
Director.
c
CITY OF BROOKLYN CENTER Basic Plan
® EMERGENCY OPERATIONS PLAN Revision; g
2. Information and assistance in securing State or Federal support rr;a
Y
be obtained by contacting the Hennepin County Emergency
Management Director.
3. Federal Assistance - Hazardous Materials Incidents
The following types of assistance can be accessed through the State
DEM duty officer.
The On -Scene Coordinator (OSC) is the Federal official
predesignated by the Environmental Protection Agency to coordinate
and direct Federal responses and removals under the National
Contingency Plan; or the Department of Defense (DOD) official
designated to coordinate and direct the removal of hazardous
substances, pollutants, or contaminants from DOD vessels and
facilities. When the National Response Center (NRC) receives
notification of a pollution incident, the NRC duty officer notifies the
appropriate OSC, depending on the location of an incident. Based on
this initial report and any other information that can be obtained, the
OSC will go to the scene and monitor the response p e of the responsible
i party of State or local government. If 'fie responsible art is
� party
unknown or not Lakin aQ ro riate actin e is beyond
n and the respons g , P P � pons.,
the capability of appropriate State and local governments, the OSC
may initiate Federal actions, using funding from the Federal Water
Pollution Control Act Pollution Fund for oil and similar
dischar and
the CERCLA Trust Fund (Superfund) for hazardous substance
releases.
The Regional Response Teams (RRT) are composed of
representatives of Federal agencies and a representative from each
state in the Federal region. During a response to a major hazardous
materials incident involving transportation or a fixed facility, the OSC
may request that the RRT be convened to provide advice or
recommendations in specific issues requiring resolution. Under the
National Contingency Plan, RRTs may be convened by the chairman
when a hazardous materials discharge or release exceeds the
response capability available to the OSC in the place where it occurs;
crosses regional boundaries; or may pose a substantial threat to the
public health, welfare or environment, or to regionally significant
amounts of property. Regional contingency plans specify detailed
• criteria for activation of RRTs. RRTs may review plans developed in
compliance with Title III, if the local emergency planning committee
so requests.
CITY OF BROOKLYN CENTER Basic Plan
EMERGENCY OPERATIONS PLAN Revision:0
IX. Plan Uodatino and Distributicn
A. For purposes of this plan, the Emergency Management Director shall serve
as the planning coordinator. As such, the Director will have overall authority
and responsibility for the maintenance and implementation of the emergency
operations plan. The Coordinator will assume this responsibility in the
absence of the Emergency Management Director.
B. This lan will be reviewed a o e
p and updated as necessary, p ry, tat least once
annually. The Emergency Management Director will be responsible for
ensuring that this updating occurs, and that it is in accord with the schedule
and procedures established by the Minnesota Division of Emergency
Management. In order to carry out this task, the Director may request
assistanc=. from staff members and the Hennepin County Emergency
Management Director,
C. The City of Brooklyn Center is in compliance with the Hennepin
Ccunty/Minnesota Department of Emergency Management and the Federal
Emergency Management Agency in regard to exercise requirements.
Information is on fiie in the Emergency Manager's Office.
D. This plan will be distributed as indicated to all City government departments
and agencies which have emergency assignments in the event of a major
disaster in the City. The Distribution List is located in the front of this
manual.
A .,
City Council Agenda Item No. 9g
April 13, 1998
I
g N
Cit y Council Agenda Item o. 9h
April 13, 1998
•
G - _LND GLELL-LIND
,1TTORI EYS AT 1-NIV
• PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE
WILLIAM G. CI-ELI-AND (6121 561 -2800
ELLEN M. SCHREDER MINNEAPOLIS, MINNESOTA 55430-2 190 FAX
ANN L. HARBINSON (612) 561 -1943
7 April 1998
Mr. Michael J. McCauley
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -2199
RE: David Wright Berg
6842 West River Road
Dear Mike:
I enclose herewith the original City Council Resolution and
Order for the abatement of the hazardous conditions and repair of
the dwelling at this address. I am arranging service of the
documents upon the homeowner and the bank so that they can attend
the council meeting on 27 April 1998 if they wish.
I am proceeding both under the state hazardous building
statute, Minn. Stat. §463 as well as Chapters 12 and 19 of your
Ordinances. The state statute does not require a hearing but City
Ordinance 12 -1206 does provide for a hearing with notice of not
less than ten days before the hearing to the landowner.
Once the City Council has passed the Resolution and directed
you to execute the Order, please give me copies and I will arrange
for service of the Order upon the homeowner and bank, and we will
follow up with enforcement as quickly as possible in the event that
the nuisances are not abated.
Sincerely,
CARSON AND CLELLAND
William�"G. Clelland
WGC:gn
a
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS
AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY
AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY
VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 6842
WEST RIVER ROAD, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY
DESCRIBED AS LOT 2, "AUDITOR'S SUBDIVISION NUMBER 310,
HENNEPIN COUNTY, MINNESOTA" EXCEPT THAT PART DESCRIBED AS:
THE SOUTH 200 FEET OF LOT 2 "AUDITOR'S SUBDIVISION NUMBER
310, HENNEPIN COUNTY, MINNESOTA ", LYING EASTERLY OF THE 50
FEET ROAD RUNNING THROUGH SAID LOT 2, THE CENTER LINE OF
SAID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 362 FEET
EAST OF THE SOUTHWEST CORNER OF SAID LOT 2 AS MEASURED
ALONG SAID SOUTH LINE; THENCE NORTHERLY TO A POINT ON THE
NORTH LINE OF SAID LOT 2, SAID POINT BEING A DISTANCE OF
387 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2, AS
MEASURED ALONG SAID NORTH LINE,IN THE CITY OF BROOKLYN
• CENTER, HENNEPIN COUNTY, MINNESOTA.
WHEREAS, Minnesota Statutes §463.15 et seq defines a hazardous
building or hazardous property as any building or property which
because of inadequate maintenance, dilapidation, physical damage,
unsanitary condition or abandonment constitutes a fire hazard or
hazard to the public safety or health; and
WHEREAS, Brooklyn Center City Ordinances Chapters 19 -103
specifically defines as nuisances and prohibits the same, the
presence on any real property of any accumulation of rubbish,
garbage, junk, disused furniture, appliances, equipment, junk motor
vehicles, building materials, scrap lumber and construction debris,
and the like; and
WHEREAS, the correction of hazardous conditions and the
abatement of public nuisances is necessary to protect the health,
safety and welfare of the public by elimination of dangerous
conditions, attractive nuisances and for the elimination of harborage
for vermin, rats and other animals who may pose a danger to the
public safety and health and to provide for the proper storage of
refuse and garbage, debris and junk thereby providing for more
sanitary and safe conditions and to further protect the integrity and
desirability of neighborhoods by prohibiting the storage of junk and
other refuse in residential areas; and
• 1
WHEREAS, City Inspectors have inspected the above - described
premises in August, September, October and December, 1997, and found
® that the single- family home thereon is in poor condition, suffering
from rotting and missing fascia, that the roof is dilapidated, not
watertight and needs replacement and /or repair and that the
inspection by City officials has further found numerous statutory and
ordinance violations on said property including the storage of great
quantities of building materials, scrap lumber, broken windows, auto
parts, tires, fencing materials, construction equipment, including a
small tractor, cement mixer, construction trailer and the like,
numerous and unusable snowmobiles, boats, motorcycles, and trailers,
appliances, sinks, and related accessories, more than 13 broken and
disabled lawnmowers and the presence of four junk motor vehicles to
wit: one Dodge motor vehicle, Minnesota registration 364 EVJ, one
Dodge Colt motor vehicle, Minnesota registration AGG 727, one
Mitsubishi motor vehicle, Minnesota registration 246 JXY, and one
unidentified silver motor vehicle, Minnesota registration 246 DVY,
all of which are in a disabled condition and none of which has any
current registration, and numerous accessory buildings in violation
of City Ordinances, and
WHEREAS, the City Council adopts the findings of the Housing
Inspectors as to the hazardous conditions on said property and the
dilapidation to the single family home thereon, and
WHEREAS, the owners of record of said real property are David W.
Berg and Gwendyne C. Berg, husband and wife, and
• WHEREAS, said property is encumbered by a mortgage dated 28
December 1987 in favor of First Northtown National Bank, and
WHEREAS, David and Gwendyne Berg were previously served with
Compliance Orders from the City of Brooklyn Center requiring
abatement of all of the nuisances and hazardous conditions recited
herein, and
WHEREAS, David W. Berg and Gwendyne C. Berg have failed and
refused to comply with said Compliance Orders.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER THAT:
1. The City Council finds that the single - family dwelling
at 6842 West River Road, Brooklyn Center, Minnesota 55430 is a
hazardous building because of inadequate maintenance,
dilapidation, physical damage, and the like.
2. The City Council finds that the condition of the
premises at 6842 West River Road, Brooklyn Center, Minnesota
55430 constitutes a hazardous property and a public nuisance
within the meaning of Minnesota Statutes §463 and Brooklyn
Center Ordinances Chapters 19 and 12 due to the presence of the
storage of great quantities of building materials, scrap lumber,
• 2
broken windows, auto parts, tires, fencing materials,
construction equipment, including a small tractor, cement mixer,
construction trailer and the like, numerous and unusable
snowmobiles, boats, motorcycles, and trailers, appliances,
sinks, and related accessories, more than 13 broken and disabled
lawnmowers and the presence of four junk motor vehicles to wit-,
one Dodge motor vehicle, Minnesota registration 364 EVJ, one
Dodge Colt motor vehicle, Minnesota registration AGG 727, one
Mitsubishi motor vehicle, Minnesota registration 246 JXY, and
one unidentified silver motor vehicle, Minnesota registration
246 DVY, all of which are in a disabled condition and none of
which has any current registration, and
3. The City finds that there is present at said property
more than two accessory structures which violates the provisions
of Chapter 35 of the City Ordinances, and that the size of the
accessory structures is greater than permitted by Chapter 35 of
said Ordinances, and that the accessory structures in violation
of the City Ordinances must be removed, and
4. The repair to the roof and fascia of said single
family dwelling and the abatement of nuisances thereon by
removal of all of the debris, junk, motor vehicles, construction
equipment and the like, recited herein, is hereby ordered by the
City Council of the City of Brooklyn Center as follows:
1. Repair of the missing fascia and replacement of
the rotting fascia in a good and workmanlike manner such
• that the exterior of the home shall comply with the
provisions of Chapter 12 of the City Ordinances.
2. Replacement and/or repair of the roof of said
dwelling such that said roof shall be watertight, in sound
condition and afford protection against the intrusion of
water and dampness as required by Chapter 12 of the City
Ordinances.
3. The removal of all accessory buildings such that
there shall not be more than two accessory buildings on
said premises and that the buildings shall conform to
Chapters 35 -310 and 35 -530 of the City Ordinances.
4. The removal of all junk motor vehicles,
construction equipment trailers, scrap lumber, construction
materials, auto parts, tires, lawnmowers, trailers, boats,
garbage, refuse, debris and the like, as recited herein.
The City Manager is hereby authorized to cause and carry out the
abatement described herein and to perform all other tasks and
functions reasonably incident thereto and to keep an accurate record
of the cost of all actions and proceedings herein, including
administrative time, attorney's fees, costs and disbursements, and
3
all other costs of the enforcement of this Order, and to send a
statement of such costs to the landowners and occupants who are
• directed herewith to pay the same.
Dated:
Mayor
ATTEST:
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: none,
whereupon said resolution was duly passed and adopted.
•
4
ORDER FOR THE CORRECTION OF HAZARDOUS
CONDITIONS AND THE ABATEMENT OF
PUBLIC NUISANCES EXISTING AT
6842 WEST RIVER ROAD,
BROOKLYN CENTER, MINNESOTA 55430
The City Council of the City of Brooklyn Center, Minnesota,
pursuant to Resolution No. herewith orders David W. Berg
and Gwendyne C. Berg, husband and wife, to correct those
hazardous conditions and to abate those public nuisances existing
at 6842 West River Road, Brooklyn Center, Minnesota 54430, which
has been declared to be a hazardous property and a public
nuisance within the meaning of Minn. Stat. Chapter 463.15 et seq
and constituting public nuisances and other violations under
Chapters 12, 19 and 35 of the Ordinances of the City of Brooklyn
Center, and to correct and resolve said hazardous conditions and
to abate all public nuisances and to correct and resolve all
Ordinance violations within thirty (30) days from the date of
service of this Order and Resolution upon you. If there is no
compliance with this Order, a Motion for summary enforcement of
this Order shall be made to the Hennepin County District Court
unless an Answer is filed herein within twenty (20) days of the
date of service of this Order upon said parties pursuant to
Minnesota Statute §463.18.
If no compliance with this Order shall have taken place or
no Answer contesting this action filed herein or if such Answer
is filed and the Court orders the enforcement of this Order then
the City of Brooklyn Center shall cause the hazardous conditions
• 1
to be corrected and all public nuisances abated and all Ordinance
violations corrected and all costs of the correction of hazardous
conditions, the abatement of nuisances and other actions required
by this Order, including filing fees, publication fees,
attorney's fees, witnesses fees, administrative time and the like
shall be a lien against the real property on which said
conditions and violations were located, said lien to be levied
and collected only as a special assessment in the manner provided
by Minnesota Statutes Chapter 429 and the provision of Minnesota
Statute §463.161.
CITY OF BROOKLYN CENTER
Dated:
Michael McCauley, City Manager
0 2