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HomeMy WebLinkAbout1998 04-27 CCP Regular Session Public Copy CITY COUNCIL MEETING i City of Brooklyn Center ® April 27, 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. - Reverend Robert L. Cottingham, Lutheran Church of the Master 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the u mm tes. 1. April 13, 1998 - Regular Session b. Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1998 -15, Contract 1998 -F, Elevated Storage Tank Repair, Tower No. 3 C. Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1998- 01, 02, and 03, Contract 1998 -D, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements d. Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1998- 04, 05, and 06, Contract 1998 -E, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements CITY COUNCIL AGENDA -2- April 27, 1998 • e. Table: Resolution Approving Final Plat -- HOLIDAY BROOKLYN CENTER ADDITION f. Licenses 7. Public Hearings a. Public Hearing Regarding Proposed Improvement Project No. 1998 -07, Street Improvements, 68th and Lee Avenues North, and Public Hearing Regarding Proposed Special Assessments for Improvement Project No. 1998 -07, Street Improvements, 68th and Lee Avenues North 1. Resolution Ordering Improvements, Approving Plans and Specifications, and Authorizing Advertisement for Bids, Improvement Project No. 1998 -07, Street Improvements, 68th and Lee Avenues North 2. Resolution Certifying Special Assessments for Improvement Project No. 1998- 07, Contract 1998 -J, Street Improvements, 68th and Lee Avenues North, to the Hennepin County Tax Rolls - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolutions. b. Public Hearing Regarding Proposed Improvement Project No. 1998 -18, Street Improvements, John Martin Drive, and Public Hearing Regarding Proposed Special Assessments for Improvement Project No. 1998 -18, Street Improvements, John Martin Drive 1. Resolution Ordering Improvements, Approving Plans and Specifications, and a _ Authorizin Advertisement for Bids Improvement Project '�l p o�ect � o. 1998 18, Contract 1998 -K, Street Improvements, John Martin Drive 2. Resolution Certifying Special Assessments for Improvement Project No. 1998- 18, Street Improvements, John Martin Drive, to the Hennepin County Tax Rolls - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearings. - Motion to adopt resolutions. CITY COUNCIL AGENDA -3- April 27, 1998 C. Public Hearing Regarding Proposed Improvement Project No. 1998 -19, Street Improvements, James and 67th Avenues North, and Public Hearing Regarding Proposed Special Assessments for Improvement Project No. 1998 -19, Street Improvements, James and 67th Avenues North 1. Resolution Ordering Improvements, Approving Plans and Specifications, and Authorizing Advertisement for Bids, Improvement Project No. 1998 -19, Contract 1998 -L, Street Improvements, James and 67th Avenues North 2. Resolution Certifying Special Assessments for Improvement Project No. 1998- 19, Street Improvements, James and 67th Avenues North, to the Hennepin County Tax Rolls -Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolutions. ® 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 35 -220 is not met. The Planning Commission also recommended that the Citv 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." -This item was tabled at the April 13, 1998, City Council meeting. -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. 9. Council Consideration Items a. Resolution Amending the Policy and Procedure Relating to City Contractual Services for Nonprofit Organizations -Requested Council Action: - Financial Commission Chair Donn Escher will provide report. - Motion to adopt resolution. CITY COUNCIL AGENDA 4- April 27, 1998 0 b. An Ordinance Amending Chapter 23 of the City Ordinances Relating to the Regulation of Pawnshops and Secondhand Goods Dealers -Requested Council Action: - Council discuss. Motion to approve first reading of ordinance. C. 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 4746 Lakeview Avenue North, Brooklyn Center -Requested Council Action: - Motion to adopt resolution. d. Proclamation Declaring the Week of April 26 through May 2, 1998, as Skip a Meal for the World's Children Week -Requested Council Action: - Motion to adopt proclamation. ® e. Uses Abutting Open Space Zones -Requested Council Action: - Information only. £ Disposal of Property -Requested Council Action: - Motion to approve. Cr. Update on Neighborhood Liaison/Code Enforcement -Requested Council Action: -City Manager will provide verbal update. h. Set Date and Time for Council Work Sessions -Requested Council Action: - Motion to set dates for general Council work session as Monday, May 18, 1998, 7 p.m., and Monday, June 15, 1998, 7 p.m., in City Hall Conference Room B. i. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA -Requested Council Action: - Motion to adopt resolution. • j. Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Annual Sunday in Central Park and Arbor Day Activities -Requested Council Action: - Motion to adopt resolution. CITY COliNCIL AGENDA April 27, 1998 • k. Resolution Expressing Appreciation for Assistance from Representative Trimble, Gunther, and Haas -Requested Council Action: - Motion to adopt resolution. 1. Resolution Expressing Appreciation for Assistance from Senators Betzold, Junge, and Higgins -Requested Council Action: - Motion to adopt resolution. m. Resolution Recognizing Efforts of Representatives Luther, Abrams, and Haas on Behalf of the City of Brooklyn Center -Requested Council Action: - Motion to adopt resolution. n. Resolution Recognizing Efforts and Assistance Provided by Speaker Phil Carruthers -Requested Council Action: ® - Motion to adopt resolution. o. Resolution Recognizing Representative Lyndon Carlson for His Legislative Efforts on Behalf of the City of Brooklyn Center -Requested Council Action: - Motion to adopt resolution. p. Resolution of Appreciation for Senator Linda Scheid -Requested Council Action: - Motion to adopt resolution. q. Resolution Recognizing Efforts of Senators Junge, Higgins, Pappas, and Novak on behalf of the City of Brooklyn Center -Requested Council Action: - Motion to adopt resolution. r. 6842 West River Road -Requested Council Action: - Motion to table for two weeks. S. Ordinance Providing For the Sale of a Portion of BelIvue Park -Requested Council Action: . - Council discuss. Motion to approve first reading of ordinance. 10. Adjournment 0 City Council Agenda Item No. 6a April 27, 1998 • • 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 APRIL 13, 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 Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, and Recording Secretary Mary Schendel. Councilmember Kay Lasman was absent and excused from this evening's meeting. INFORMAL OPEN FORUM Dan Remiarz, 6201 June Avenue North, inquired about the members of the Board of Equalization. It was explained that the Council Members also make up the Board of Equalization. No other citizens appeared for informal open forum. ADJOURN INFORMAL OPEN FORUM Informal open forum adjourned at 6:53 P.M. INV0CATI0N A flag ceremony was performed by Cub Scout Pack 5 CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragmess at 7:03 p.m. ROLL CALL Mayor Mvrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers. Director 4/13!98 -1- ' 'uMYYi lih! "t Omlulii � of Public Works Diane Spector, Planning and Zoning Specialist Ron e , i orn Charlie LeFevere, and Recording Secretary Mary Schendel. Councilmember Kay Lasman was absent and excused from this evening's meeting. COUNCIL REPORT Councilmember Carmody inquired about licensing the sale of secondhand used goods. City Manager McCauley responded the Police Department and City Attorney LeFevere were analyzing data and a draft will be available for consideration at the next Council meeting. Mayor Kragness and the Council offered condolences for the death of Councilmember Lasman's mother. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Peppe requested item no. 6c, Resolution Authorizing the Purchase of One Front End Loader, be removed from the consent agenda and added as item no. 9i on the regular agenda and a Legislative Update by City Manager McCauley added as item no. 9j. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the agenda and consent agenda as amended passed unanimously. APPROVAL OF MINUTES • A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the minutes of the March 16, 1998, Work Session, the March 23, 1998, Regular Session, and the March 30, 1998, Work Session, passed unanimously. RESOLUTI APPROVING SPECIFICATIONS FOR RE OTIFSTS FOR PROPOSALS FOR CUSTODIAN OF INVESTMENTS RESOLUTION NO. 98 -50 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR REQUESTS FOR PROPOSALS FOR CUSTODIAN OF INVESTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 4/13/98 _?_ RESOLUTION RESCHEDULING IMPROVEMENT PROJECT A NT HEARINGS. IMP PROJECT NO. 1998 -07. STREET IM TS. E & 68TH AVENUES: 1998 -18. STREET IMPROVEMENTS. JOHN MARTIN DRIVE: AND 1998 -19, STREET IMPROVEMENTS. JAMES & 67TH AVENUES RESOLUTION NO. 98 -51 Member Carmody introduced the following resolution and moved its adoption: 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 motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ACCEPTING BID AND AWARDIN CONTRACT. IMPROVEMENT PROJECT NO. 1998 -08. CONTRACT 1998 -C. REFORESTATION OF 1997 STREET IMPROVEMENT. PROJECT AREAS RESOLUTION NO. 98 -52 Member Carmod introduced the following resolution and moved adoption: y g o edit sad p RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998 -08, CONTRACT 1998 -C, REFORESTATION OF 1997 STREET IMPROVEMENT PROJECT AREAS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1998 -26. CONTRACT 1998 - G. RELOCATION OF 16" WATER MATj\T .AltiD APPI RTENANCES AT WEST FIRE STATION. ACCEPTING ENGINEER'S FEASIBILITY REPORT. APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS RESOLUTION NO. 98 -53 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHNG IMPROVEMENT PROJECT NO. 1998 -26, CONTRACT 1998= G, RELOCATION OF 16" WATER MAIN AND APPUR:- ENANCES AT WEST FIRE STATION, =1/13/98 -3- ACCEPTING ENGINEER'S FEASIBILITY REPORT, APPROVING P ' NS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve the following list of licenses passed unanimously. 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., Brooklyn 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. RENTAL DWELLINGS Initial: Frank W. Lang Earle Brown Terrace Renewal: Miles Fiterman Brookdale Towers Lang Nelson Associates Brookwood Estates Lang Nelson Associates Brookwood Manor Earle Brown Farm Apartments Earle Brown Farm Apartments Patrick J. Gaughan Victoria Townhouses 4/13/98 -4- 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. 10550 County Road 81, Maple Grove PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER_ '5 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND City Manager McCauley explained this item was first read on March 23, 1998, officially published April 1, 1998, and offered at this meeting for a second reading and public hearing. It relates to Extended Stay America, southeast quadrant of Xerxes Avenue North and Freeway Boulevard. 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 nonexistent until the final plat is approved and filed with Hennepin County. A motion by Councilmember Carmody and seconded by Councilmember Peppe to open the public • hearing passed unanimously. No public input was offered. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Peppe to table the ordinance amendment until the final plat has been approved passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPI CATION NO. 98006 SUBMITTED BY BUDGET CAR AND TRUCK RENTAL City Manager McCauley explained the history of this subject and asked Planning and Zoning Specialist Ron Warren to provide an overview of 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 at Brookdale. Mr. Warren explained the City granted Budget a special use permit in 1986 to conduct a car rental business at the Sears Automotive Center. One of the conditions was to confine storage vehicles under the canopy of Sears Automotive 4/13/98 -5- Center. In 1992 the City became aware of trucks being offered for lease and store acros om e Automotive Center. The City sent a letter advising Budget the special use permit did not include trucks, and reminded them of the confinement of vehicles under the canopy. The letter stated the reason for limiting car parking was that Brookdale was deficient in terms of parking required under the City's zoning ordinance. Budget complied with the letter and the truck rental ceased. It later began again and the City recently contacted a representative of Budget regarding this matter. Mr. Warren stated this matter was considered by the Planning Commission at its March 26, 1998, meeting and the Commission made two recommendations: 1. 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. 2. 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." Mayor Kragness commented the inventory in the overflow area was unappealing. In response to Councilmember Hilstrom's question regarding property ownership, Mr. Warren responded Sears is the owner but leases the area to Budget. City Manager McCauley stated Sears recently took over responsibility for maintaining the area where cars and trucks are parked for Budget Car and Truck Rental, rather than Mall ownership maintaining the area for Sears. Dennis Goneau, Location Manager of Budget Car and Truck Rental, approached the podium to clarify the circumstances regarding storage of vehicles. He stated his business is compatible with other properties surrounding the area in question and is located outside the main Mall location, allowing for cooperation with the space needs of the Ride Share program. Discussion followed concerning Brookdale's parking deficiencies as a whole and what Budget could do to limit storage of trucks. City Manager McCauley raised the issue of Brookdale's renovation and whether the concept of truck rental would be included in the renovation. Mr. McCauley addressed the use of planned unit development (PUD) applications for seasonal adjustment to address the parking issue. He stated the time limit for acting on this decision is May 11, 1998. He will request a formal response from Brookdale owners regarding the continued operation of car and truck rental at this site as requested by the Council. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table until the April 27, 1998, Council meeting, the application submitted by Budget Car and Truck Rental for expansion and to amend Condition No. 2 of the Special Use Permit passed unanimously. COUNCIL CONSIDERATION ITEMS SEWER BACKUP AT 5160 DREW AVENUE NORTH 4/13/98 -6- DRAFT Homeowners Tom and Angela Agness, 5160 Drew Avenue North, appeared before the Council to appeal the decision of the City's insurance carrier, League of Minnesota Cities Insurance Trust ( LMCIT). City Manager McCauley explained the blockage and stated he had requested a review of the claim for adjustment by LMCIT. The determination by LMCIT remained that the City was not liable in this case. Discussion followed concerning other funds or low- interest loans that might be available to homeowners faced with this predicament. Councilmember Peppe expressed concern over setting a precedent for cases involving damage to property. City Attorney LeFevere explained the City is not legally responsible for damages and cannot be viewed as a backup for insurance companies. City Manager McCauley responded to Mr. Agness' belief that his property would be devalued, and agreed to ask the assessor to review valuation of the property in its current state. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RONALD PEARSON RESOLUTION NO. 98 -54 Member Carmody introduced the following resolution and moved for its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RONALD PEARSON The motion for adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. RESOLUTION RECEIVING AND ACCEPTING SUMMARY REPORT OF CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU. JR. On February 27, 1998, the City Council conducted a workshop to refine the direction given on a number of critical issues facing the City. A summary report was prepared by Carl H. Neu, Jr. Councilmember Hilstrom suggested the goals be published in the City's newsletter. RESOLUTION NO. 98 -55 Member Carmody introduced the following resolution and moved for its adoption: RESOLUTION RECEIVING AND ACCEPTING SUMMARY REPORT OF CONCLUSIONS AND FINDINGS PREPARED BY CARL H. NEU, JR. The motion for adoption of the foregoing resolution was duly seconded by member Peppe and passed unanimously. SET DATE AND TIME FOR COUNCIL WORK SESSIONS 4/13/98 -7- 4 f D't RA A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the date' for a general work session as Monday, April 20, 1998, at 7 p.m. in City Hall Conference Room B and a public informational meeting as Wednesday, April 29, 1998, at 7 p.m. in Constitution Hall for the proposed senior cooperative housing development at Willow Lane and 66th Avenue North passed unanimously. UPDATE ON MOBILE COMPUTING DEVICE (MCD) City Manager McCauley gave a brief update on the Police Department's Mobile Computing Devices (MCD's) and listed some of the capabilities of the system. The communication from car to car, car to dispatch, and car to workstation messaging is now fully operational. The system has the ability to query warrants, drivers licenses, and vehicle plates statewide and nationally. Discussion followed concerning access and use. EMERGENCY PREPAREDNESS OPERATIONS PLAN City Manager McCauley presented the updated emergency preparedness manual which covers procedures used for emergency management in the event of a disaster. Councilmember Carmody asked that a list of basic emergency procedures be printed in the City newsletter. Mayor Kragness requested the plan be made available to the public. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the Emergency Preparedness Operations Plan passed unanimously. REPORT ON RECENT PERSONNEL ITEMS City Manager McCauley reported progress is continuing related to hiring for the Police Department. On April 3, the applications were closed for a Police Captain, Police Officer, Neighborhood Liaison, and Receptionist/Secretary for the Police Department. The Police Captain position will be testing on April 30th. The Police Officer position will have initial testing on April 16th and 17th, and the Neighborhood Liaison will take place mid -month for that testing process. The Police Officer final interview will be the beginning part of May. The Police Receptionist/Secretary will be set up to have cross - trained staff to share administrative responsibilities, with interviews occurring next week. Because of background checks, new police officer hires should be in place near the middle of July. Mr. McCauley agreed to Councilmember Hilstrom's request for a code enforcement update regarding the Neighborhood Liaison by either the April 27th or May 11th Council meeting. 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. '\/1INNESOTA 35430 LEGALLY DESCRIBED AS LOT 2. "AUDITOR'S SUBDIVISION NUMBER 310. HEN NEPIN COUNTY. MINNESOTA" EXCEPT THAT PART DESCRIBED AS THE SOUTH 200 FEET OF LOT 2 ` �AUDTTOR'S SUBDIVISION NUMBER 310. HENNEPIN. 4/13/98 -8- DRAFT,, COUNTY. MINNESOTA." LYING FASTERLY OF THE 50 FEET ROAD RUNNING. • THROUGH SAID LOT 2, THE CENTER LINE OF S AID ROAD BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUT 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 13FINCT A DISTANCE OF 387 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2.. AS �IFASURED ALONG SAID NORTH LINE. IN THE CITY OF BROOKLYN CENTER. HENNFPIN COUNTY. MINNESOTA. City Manager McCauley explained the materials are in place to approve the resolution necessary to execute the order for the abatement of the hazardous conditions and repair of the dwelling at 6842 West River Road. RESOLUTION NO. 98 -56 Member Hilstrom introduced the following resolution and moved for its adoption: RESOLUTION ORDERING THE CORRECTION OF HAZARDOUS CONDITIONS AND FURTHER FOR THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND OTHER ORDINANCE AND STATUTORY VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 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 LIME, IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA The motion for adoption of the foregoing resolution was duly seconded by member Carmody_ and passed unanimously. RESOLUTION AUTHORIZING THE PURCHASE OF ONE FRONT END LOADER City Manager McCauley presented information regarding the replacement of the City's 1979 Caterpillar 930 loader with a Caterpillar 928G loader from the state cooperative purchasing program. Councilmember Peppe questioned the selection of Caterpillar brand when other brands were available at a lower cost. City Manager McCauley indicated analysis by Public Works personnel was that using a life -cycle cost, the Caterpillar appeared the best for overall cost due to warranty, re- sale, and evaluation of durability. Public Works Director Spector responded the Caterpillar brand 4/13/98 -9- is the best value because of 1) performance, 2) the warranty is included at no additional charge, 3) highest resale or trade -in value, and 4) Caterpillar offers Balderson mounting and bucket attachment as standard. Discussion followed with Mayor Kragness stating the importance of trusting the judgment of people who work with the equipment. RESOLUTION NO. 98 -57 Member Carmody introduced the following resolution and moved for its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE FRONT END LOADER The motion was seconded by Councilmember Hilstrom and passed on a vote of Mayor Kragness, Councilmembers Carmody and Hilstrom voting aye; Councilmember Peppe voted nay. LEGISLATIVE UPDATE City Manager McCauley reported Speaker Carruthers contacted him before the session began regarding the Heritage Center's cost of completing the originally planned buildings and parking needs. That resulted in legislation being prepared with Representative Lyndon Carlson being the chief author in the House and Senator Linda Scheid chief author in the Senate. That legislation went forward and was included in the bonding bill. $2.5 million was included in the bonding bill through the efforts of Speaker Carruthers, Senator Scheid, and Representative Carlson that would be available to build the G -Barn, to put connectors, and remodel so that would be finished and then to acquire and build parking space. It was Mr. McCauley's understanding that legislation that was supported by Brooklyn Center's legislative delegation would exempt from sales tax those items that would be taxable in final construction. Speaker Carruthers was the chief author in the House and Senator Scheid was the chief author in the Senate of legislation that would allow for a special tax to be levied in the Brookdale area that would be available to assist with redevelopment and would be a backup to tax increment financing that may be used in the event of class rate compression or change in tax rate. If the City were to enter into an agreement that anticipated a certain level of taxation retiring debt, the City could use a special tax to make up any deficiency that might occur for unforseen reasons in the future. This legislation became a part of the Omnibus Tax Bill. The City had started out with a special bill and there is an exemption in effect which reinstates the special bill terms as part of the tax bill. In this last legislative session, Speaker Carruthers, Senator Scheid, and Representative Carlson spent a great deal of time working on these two important issues and were successful in the legislation passing out of the conference committees and the full houses. Councilmember Hilstrom mentioned This Old Apartment provision had been extended and also the threshold had been lowered so in the past 55,000 was required per unit, now the amount is $2,500 per unit. The City Manager stated there were also several things the delegation responded to that were 4/13/98 -10- concerns. One of the areas of great concern that was proposed was limited market value for commercial and industrial property that did not become law. Also in terms of levy limits - they are simply in for the anticipated two -year period which would be payable 1998 and 1999. Mr. McCauley considered this good news as opposed to perhaps a long period of levy limits coming out of the legislature. Mayor Kragness notified the audience of the Brooklyn Center Crime Prevention Awards Night taking place April 15, 1998, at Constitution Hall and the Brooklyn Center Prayer Breakfast for April 25, 1998, at the Heritage Center. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 8:30 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Mary Schendel 4/13/98 -11- • City Council Agenda Item No. 6b April 27 1998 • • MEMORANDUM ® DATE: Aril 22 1998 P > TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer -'o SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1998 -15, Contract 1998 -F, Elevated Storage Tank Repair, Tower No. 3 Summary Explanation Bids for Contract 1998 -F were received and opened on April 22, 1998. The bidding results are tabulated as follows: Bidder Bid Amount V. E. Grav and Son Contracting, Inc. $423,040.00 Swanson and Youngdale, Inc. $428,588.00 DeLoughery Painting Co. $487,000.00 TMI Coatings, Inc. $495,800.00 Odland Protective Coatings, Inc. $556,987.00 Diversified Coatings, Ltd. $584,000.00 Eagle Tank Tech. Corp. $720,000.00 Of the seven bids received, the lowest bid of $423,040.00 was submitted by V. E. Gray and Son Contracting, Inc. The original Engineer's Estimate for this project was $610,650.00. However, that fi was a conservative estimate made at the time of the 1995 tank inspection, without the aide of detailed plans and specifications. In addition, very competitive bids were received. Along with contingencies and the costs of consulting engineering and inspection fees, and administrative costs, a total estimated project cost of $515,300 has been tabulated. An amount of $700,000 has been budgeted in the 1998 water utility budget to cover the cost of these repairs. All costs would be funded from the City's water utility fund. V. E. Gray and Son Contracting, Inc. has experience in performing all of the requirements included in this contract, and has performed similar projects for municipalities throughout Minnesota and the metropolitan area. Accordingly, staff recommends acceptance of the low bid and award of the contract to V. E. Gray and Son Contracting, Inc. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to V. E. Gray and Son Contracting, Inc. e Member introduced the following resolution and moved its 40 adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1998 -15, CONTRACT 1998 -F, ELEVATED STORAGE TANK REPAIR, TOWER NO. 3 WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1998 -15, bids were received, opened, and tabulated by the City Clerk and Engineer on the 22nd day of April, 1998. Said bids were as follows: Bidder Bid Amount V. E. Gray and Son Contracting, Inc. $423,040.00 Swanson and Youngdale, Inc. $428,588.00 DeLoughery Painting Co. $487,000.00 TMI Coatings, Inc. $495,800.00 Odland Protective Coatings, Inc. $556,987.00 Diversified Coatings, Ltd. $584,000.00 Eagle Tank Tech. Corp. $720,000.00 WHEREAS, it appears that V. E. Gray and Son Contracting, Inc., of Newport, Minnesota, 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 V. E. Gray and Son Contracting, Inc., of Newport, Minnesota, in the name of the City of Brooklyn Center, for Improvement Project No. 1998 -15 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and 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 is signed. 3. The estimated project costs and revenues are as follows: COSTS As Bid Contract $423,040.00 Contingency(10 %) $ 42,300.00 Admin. /Engineering /Legal S 50.000.00 Total Estimated Project Cost $515,340.00 RESOLUTION NO. REVENUES Water Utility $515.340.00 Total Estimated Revenue $515,340.00 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. 6c April 27, 1998 MEMORANDUM DATE: April 17, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Enginee SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1998 -01, 02, and 03, Bellvue Neighborhood Street, Storm Drainage, and Utility Improvements Summary Explanation Bids for Contract 1998 -D (Bellvue Neighborhood) were received and opened on April 16, 1998. The bidding results are tabulated as follows: Bidder Bid Opened Amount Corrected Total Thomas and Sons Construction, Inc. $2,142,303.81 $2,142,383.81 S. R. Weidema, Inc. $2,162,518.50 Northdale Construction $2,331,824.89 Hardrives, Inc. $2,392,277.15 $2,392,963.11 Arton Construction Co. $2,467,557.97 Barbarossa & Sons, Inc. $2,526.073.66 $2,542,843.26 ® C.S. McCrossan Construction, Inc. $2,611,143.50 Of the seven bids received, the lowest bid of $2,142,303.81 was submitted by Thomas and Sons Construction, Inc. The Engineer's Estimate for this project was $2,141,974.50. Thomas and Sons has experience in performing all of the requirements included in this contract, and has performed similar projects for the City of Brooklyn Center for the past five consecutive years. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas and Sons. Recommended City Council Action Approve the attached resolution accepting PP the low bid and awarding P g g a contract to Thomas and Sons Construction, Inc. of Rogers, Minnesota. Note: An issue regarding the electric service lines which cross over Camden Avenue was brought up at the informational meetings, and also at the public hearing. The neighborhood and City staff would prefer that these overhead service lines be undergrounded. To the best of our knowledge, this is the only location in Brooklyn Center where so many homes (22) receive their electric service from overhead services strung from poles across the street. • We have now received an estimate from NSP for the cost associated with undergrounding these services. The cost for undergrounding the main would be about $22,000; and each property would be charged a fiat $590 to install an underground service from the undergrounded main. Then, each ® property would incur some cost depending on the amount of work necessary to convert them from overhead service to underground service. Based on the favorable bids received for this project, it appears that the City would be able to afford to pay the cost of undergrounding the main, as well as the $590 per property charge. Any costs incurred by individual property owners (estimated to average $500) would appropriately be the homeowner's cost. We will make this information available to the affected property owners on Camden Avenue, and will provide a petition for this improvement. If a majority of property owners petition for the improvement, staff would bring this petition to the Council and recommend its approval. • • Member introduced the following resolution and moved its is adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1998 -01, 02, AND 03, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1998 -01, 02, and 03, bids were received, opened, and tabulated by the City Clerk and Engineer on the 16th day of April, 1998. Said bids were as follows: Bidder Bid Opened Amount Corrected Total Thomas and Sons Construction, Inc. $2,142,303.81 $2,142,383.81 S. R. Weidema, Inc. $2,162,518.50 Northdale Construction $2,331,824.89 Hardrives, Inc. $2,392,277.15 $2,392,963.11 Arcon Construction Co. $2,467,557.97 Barbarossa & Sons, Inc. $2,526,073.66 $2,542,843.26 C.S. McCrossan Construction, Inc. $2,611,143.50 WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, Minnesota, 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 Thomas and Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1998 -01, 02, and 03 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. 2. The City Clerk is hereby authorized and 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 is signed. RESOLUTION NO. i 3. The estimated project costs and revenues are as follows: COSTS Per Engineer's Estimate As Amended Per Low Bid Contract $2,141,974.50 $2,142,383.81 Contingency(10 %/5 %) 224.129.26 107.118.42 Subtotal Construction Cost $2,356,171.90 $2,249,502.23 Admin/Legal /Engr. $ 101,000.00 $ 125,000.00 Reforestation $ 10,000.00 $ '10,000.00 Street Lights $ 55,000.00 $ 55.000.00 Total Estimated Project Cost $2,522,171.95 $2,439,502.23 REVENUES Street Assessments $432,715.00 $432,715.00 Local State Aid 67,795.00 44,676.32 Municipal State Aid 217,054.53 193,216.12 Sanitary Sewer Utility 230,387.78 294,568.51 Water Utility 130,073.83 147,783.56 Storm Drainage Assessment 130,117.00 130,117.00 Storm Drain Utility 648,958.90 764,324.50 Special Assess. Const. Fund 570,534.59 337,565.90 53rd Avenue DALP Funds 94.535.32 94.535.32 Total Estimated Revenue $2,522,171.95 $2,439,502.23 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded b member P g � Y Y and upon vote being taken thereon, the following voted in favor thereof: and ' st the same: ® the followin voted a Z whereupon said r am esolution was declared duly passed and adopted. • City Council Agenda Item No. 6d April 27, 1998 • • MEMORANDUM DATE: April 17, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer' - r SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project Nos. 1998 -04, 05, and 06, Contract 1998 -E, St. Al's Neighborhood Street, Storm Drainage, and Utility Improvements Bids for Contract 1998 -E (St. Al's Neighborhood) were received and opened on April 16, 1998. The bidding results are tabulated as follows: Bidder Bid Opened Amount Corrected Total Thomas and Sons Construction, Inc. $410,693.20 Northdale Construction $415,208.34 Hardrives, Inc. $417,590.76 $417,556.76 Arcon Construction Co. $455,354.60 S. R. Weidema, Inc. $490,143.55 Lan Dar, Inc. $497,557.40 Barbarossa & Sons, Inc. $499,165.28 Widmer, Inc. $508,733.86 G. L. Contracting, Inc. $557,872.92 C.S. McCrossan Construction, Inc. $571,609.10 Dave Perkins Contracting, Inc. $577,126.85 Of the eleven bids received, the lowest bid of $410,693.20 was submitted by Thomas and Sons Construction, Inc. The Engineer's Estimate for this project was $410,543.50. Thomas and Sons has experience in performing all of the requirements included in this contract, and has performed similar projects for the City of Brooklyn Center for the past five consecutive years. Accordingly, staff recommends acceptance of the low bid and award of the contract to Thomas and Sons. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Thomas and Sons Construction, Inc. of Rogers, Minnesota. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1998 -04, 05, AND 06. CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1998 -04, 05, and 06, bids were received, opened, and tabulated by the City Clerk and Engineer on the 16th day of April, 1998. Said bids were as follows: Bidder Bid Onened Amount Corrected Total Thomas and Sons Constntction, Inc. $410,693.20 Northdale Construction $415,208.34 Hardrives, Inc. $417,590.76 $417,556.76 Arcon Construction Co. $455,354.60 S. R. Weidema, Inc. $490,143.55 Lan Dar, Inc. $497,557.40 Barbarossa & Sons, Inc. $499,165.28 Widmer, Inc. $508,733.86 G. L. Contracting, Inc. $557,872.92 C.S. McCrossan Construction, Inc. $571,609.10 Dave Perkins Contracting, Inc. $577,126.85 WHEREAS, it appears that Thomas and Sons Construction, Inc. of Rogers, Minnesota, 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 Thomas and Sons Construction, Inc. of Rogers, Minnesota in the name of the City of Brooklyn Center, for Improvement Project Nos. 1998 -04, 05, and 06 according to the plans and specifications therefor approved by the City Council and on file in the office of the city Engineer. 2. The City Clerk is hereby authorized and 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 is signed. 3. The estimated project costs and revenues are as follows: RESOLUTION NO. • COSTS Estimated Costs Per Engineer's Estimate As Amended Per Low Bid Contract $410,543.50 $410,693.20 Contingency (10 %) 41.054.35 41.069.32 Subtotal Construction Cost $451,597.85 $451,762.50 Admin/Legal /Engr. $ 41,931.35 $ 47,250.00 Reforestation 10,000.00 10,000.00 Street Lights 12.500.00 12.500.00 Total Estimated Project Cost $516,029.20 $521,511.42 REVENUES Street Assessments $186,390.00 $186,390.00 Sanitary Sewer Utility 94,612.32 105,232.30 Water Utility 20,755.13 31,643.00 Storm Drainage Assessment 64,614.00 64,614.00 Storm Drain Utility (15,773.99) (31,379.30) Special Assess. Const. Fund 165.431.74 165.011.42 ® Total Estimated Revenue $516,029.20 $521,511.42 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. 6e April 27,1998 • • • MEMORANDUM DATE: April 17, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer j16 SUBJECT: Final Plat Approval - HOLIDAY BROOKLYN CENTER ADDITION On October 22 _, 1997, the City Council approved Planning Commission Application Nos. 97010, 97011, and 97012, providing for platting of property to accommodate the construction of a new Holiday Service Station, along with relocation of the existing dental clinic facility. Attached are copies of correspondence and specific conditions as part of the Preliminary Plat approval process by both the Planning Commission and City Council. Of note, the preliminary plat was approved subject to several conditions, including the issue of driveway access to 66th Avenue and related traffic concerns. It was established that approval of the final plat would be based upon the requirement that many of these conditions are met, including the execution of a subdivision agreement between the property owner and the City. The subdivision agreement includes provisions for the construction and funding of certain items that are needed to allow for site construction. Traffic and Access Concerns As expressed at previous City Council and Planning Commission meetings, traffic, access, and related safety issues have been of paramount concern. Traffic on 66th Avenue, turning movements to and from T.H. 252, and the close proximity to the intersection of Super America's existing driveway and Holiday's proposed driveway raised justifiable concerns. In addition, potential redevelopment in the northern quadrants of the I- 94/694/TH 252 interchange and subsequent traffic volumes would impact 66th Avenue the 't location even q p a t site further. Consequently, an extensive amount of traffic studies and meetings between all affected p arti es (including SuperAmerica and Holiday) have occurred several times over the several months. The studies concluded that full access to both the Super America station and proposed Holiday Station could only be provided in a safe and acceptable manner by aligning both driveways directly opposite each other at a location further west from the existing Super America driveway(see attached sketch). The result of the extensive traffic studies was the identification of a three phased approach to manage traffic. Phase one would be the extension of the median from T.H. 2�2 to the re- aligned Holiday /Super America driveways. Phase two, the extension of the median to Camden Avenue would be considered as the area south of 66th Avenue redevelops and traffic increases. Phase 2 could also possibly include modifications that would alter full access movements at the Holiday /Super America access point, depending upon traffic volumes and movements. A Phase three improvement, if determined warranted, would include a full median barrier from T.H.252 to Camden Avenue, thus restricting the service station driveways to a right -in right -out movement only. Any further improvements would not only include median work, but would also include any additional improvements as needed for the roadway itself, such as widening, turning lanes, etc. Staff and the consulting traffic engineer conducted several meetings with both Holiday and Super America to investigate the possibility of acquiring a shared access between Super America and the property to their west(Fiterman). However, the ownership status of the Fiterman property has not been determined clearly(tax forfeiture), and therefore, no access arrangements or easements have been obtained at this time. It should be noted that the parties agree in theory with the location of the median access. The proposed Holiday Station cannot be constructed without extension of the median. Without the shared Super America/Fiterman access, Super America's existing full access driveway would be restricted to a right- in/right -out movement. Although a shared access with the Fiterman property has not been attained, a sixty foot wide sewer easement currently exists at this location. Summary and Recommendation The applicant has submitted the appropriate application and fee. Cross access agreements between the proposed Holiday Station and relocated dental clinic have also been submitted. Although a copy of the final plat has been submitted, reproducible mylars must also still be provided for signatures by the City. Approval of the final plat is also subject to all conditions previously established as part of the preliminary plat approval, including the following: • Review and Approval by the City Engineer • Execution of a subdivision agreement, which includes Holiday's responsibility for the cost of constructing the necessary median/ roadway improvement to accommodate Holiday's development of the site. • Provisions of Chapter 1; of the City Ordinances • Execution of a Utility and Maintenance Agreement Upon submittal of a final plat application, the City Code allows the City to act upon the application within 60 days, provided all conditions have been met. However, at the time of this writing, all conditions have not been met; including execution of the Subdivision and Maintenance and Utility Agreements. An approximate location of the required median has been determined. However, field surveys and final engineering design have not been completed. It is therefore recommended that approval of the final plat be tabled at this time, and be re- considered when Holiday has fulfilled the conditions of final plat approval. MEMORANDUM TO: Michael J. LlcCauley FROM: Ronald A. Warren, Planning and Zoning Specia fist / ' SUBJECT: City Council Consideration Item - Planning Commission Application Nos. 97010, 97011, 97012 Date: October 22, 1997 On the October 27, 1997 City. Council Agenda are Planning Commission application Nos. 97010, 9 70 11, and 97012 submitted by Holidav Stationstores, Inc. requesting preliminary plat approval to subdivide two existing lots into three lots to allow redevelopment of a dental office and Holiday Stationstore (97010); a special use permit and site and building plan approval to construct a new 4.2- sq. ft. Holiday Stationstore with a 1,080 sq. ft. attached car wash (97011); and site and building plan approval to demolish the existing dental office and build an approximate 5,=100 sq. ft. new dental clinic (97012). The site in question for these applications is located at the northwest corner of T.H. 252 and 66th Avenue North. Attached for your review are copies of the Planning Commission Information Sheets for Application Nos. 97010, 97011 and 97012 and also an area map showing the location of the property under consideration, various site and building plans for the proposed deyelopment`redevelopment. the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. T:_ese items were first reviewed by the Planning Commission at their August 14, 1997 meeting and. following a public hearing on the preliminary plat and special use permit, were tabled for further review of various traffic issues and concerns. These applications were again considered by the Planning Commission at their October 16, 1997, meeting at which time they_ were recommended for approval. It is recommended that the Citv Council. following consideration of these matters. separately approve these applications subject to the conditions recommended by the Planning Commission for each application. Planning Commission Information Sheet Application Nos. 97010, 97011, 97012 Applicant: Holiday Stationstores, Inc. Location: Northwest Quadrant of T. H. 252 and 66th Avenue North Request: Preliminary Plat (97010), Site and Building Plan/Special Use Permit for Holiday Stationstore (97011), and Site and Building Plan for Dentist Office Relocation (97012) Mr. Mark Nelson, on behalf of Holiday Stationstores, Inc., is requesting approval of the above applications for the purpose of developing a 4,232 sq. ft. Holiday bas station/convenience store with an attached car wash along with the relocation/redevelopment of the River Road Dental Clinic at the northwest quadrant of T. H. 252 and 66th Avenue North. The property under consideration is zoned C -2 (Commerce) and gas station/convenience store /car washes are special uses while a dental clinic is a permitted use in this C -2 zoning district. The site is bounded on the west by R -3 zoned property containing the River Townhomes; on the north by vacant R -3 zoned property; on the east by T. H. 252 right -of -way; and on the south by 66th Avenue North with the Super America gasoline service station and convenience store on the opposite side of the street. Lot 1 of the proposed plat (Holiday Brooklyn Center Addition) is the site for the Holiday Stationstore; Lot 2 of the proposed plat is the location for the relocated dental office /clinic, and Lot 3 of the proposed plat would be a vacant parcel for future commercial development. These applications were presented to the Planning Commission at the August 14, 1997 meeting at which time they were all reviewed and a public hearing on the preliminary plat and special use pe., t was held. The commission closed the public hearing after considerable public comment and tabled the applications, with the applicant's consent, so that access and traffic concerns could be addressed and possible plan modifications could be made relating to these concerns. The applicant had also agreed to meet with the dental clinic to discuss possible screening /landscaping requests made by a representative of the Riverwood Townhomes Homeowner's Association. Attached for the Commission's review are copies of the Planning Commission Information Sheets for Application Nos. 97010. 97011. 9701 which were presented to the Commission on August 14, 1997 along with the minutes of the meeting relating to this consideration. The Commission's attention is directed to those information sheets for a review of the details of the proposal. Nlembers of the city staff and Glen Van Wormer of Short Elliott Hendrickson (SEH), a consulting firm used by the City for traffic recommendations, have met on two occasions with representatives of Holiday and Super America to discuss various access issues. Mr. Van Wormer has reviewed the access question along with the possibility of future major ® 10-16-97 Page i development/redevelopment south of 66th Avenue in the Camden Avenue area. (Attached is a copy of a report from Mr. Van Wormer regarding his findings and recommendations.) Camden Avenue will serve as the primary access to the development/redevelopment area. A median and turn lanes along 66th Avenue North will be needed for traffic control purposes in the future related to such development/redevelopment. He notes, however, that it is possible to develop a median break about midway between T. H. 252 and Camden Avenue to provide access to commercial developments, both north and south of 66th Avenue. The location of the break would line up closely to the shared access for the Holiday /dental clinic development. This would necessitate the need for Super America to provide another access point westerly of their existing access to take advantage of the recommended location for a median break. This access could also serve possible future development west of Super America (when Super American expanded in 1939, there was a plan for a strip center to the west of the site). SEH has not recommended the construction of the median all the way to Camden Avenue at this time, but rather to stage this development until the major redevelopment occurs to the south. A median, however, would be installed at this time with the break at the proposed location. Turn lanes would also be established. The right -in access proposed by Holiday on their original plan would not be allowed. Holiday is agreeable to this proposal and Super America is pursuing what they need to do in order to establish access adjacent to the proposed median opening. Mr. Van Wormer izas also indicated that he has had preliminary discussion with NN /DOT, which • controls the right -of -way in this area, and that their initial reaction is favorable. It is recommended that if the Holiday proposal goes forward. that this initial stage of median construction and turn lanes be constructed along with this project. The applicant has also submitted a revised landscape /screening plan for the area westerly of the proposed dental office where it abuts with the Riverwood Townhomes. Discussions between the applicant and a representative of the towrihomes has resulted in a proposal to provide a 6 ft. high cedar screen fence in the 35 ft. buffer area between the building and the west property line and to supplement that screening with eight Colorado Blue Spruce to provide additional screening in this area. Such a proposal would be consistent with the screening requirements required of a C -2 development where it abuts with an R -3 development. The balance of the project is the same as reported to the Planning Commission on August 14. 1997 and, again, the Commission's attention is directed to the attac she ched infornation �he,.ts and minut rela to the P P ro osal for those details. As mentioned previously, the public hearing on the preliminary plat and special use permit was closed following public comment on August 14. The Commission may wish to reopen the public hearing for new - comments relating to the proposal and its revisions. Notices have been sent to surrounding property owners relating to the Planning Commission's consideration of these matters. 10-16-97 Page 2 All in all, with the recommended changes with respect to roadway improvements being incorporated with these plans, we believe the plans can be recommended for approval. It is recommended that Planning Commission Application No. 97010, for preliminary plat approval, be approved subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. I A subdivision agreement. as approved by the City Engineer, shall be executed prior to final plat approval. q Appropriate driveway and cross access easements shall be developed and filed with the title to the properties in question. These easements and documents are subject to the review and approval of the City Engineer and City Attorney prior to final plat approval. 5. The existing 60 ft. wide easement shall be continued and shown on the final plat for this property. It is recommended that Planning Commission Application N 9� pp tcation i o. � X011, for special use permit and • site and building plan approval of a Holiday Stationstore project, be approved subject to the following conditions: 1. The building plans are subject to review- and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities or on- ground mechanical equipment shall be appropriately screened from view. D. The 'building is to equipped with an automatic fire extinguishing system to meet NFPA standards and Q sriall be connected to a central monitoring device in accordance,, with Chapter 5 of the City Ordinances. 10 - -97 • PaJ °e 6. An underground irrigation system shall be installed in all landscaped areas to is facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. A special use pen is `ranted to Holiday Stationstores. Inc. for a gas station/convenience store /car wash at this location. Any expansion or alteration of the use shall require an amendment to the special use permit granted. 12. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation 13. The plan shall be modified prior to the issuance of building permits to indicate: a. A concrete delineator to be installed in the parking lot southeasterly of the building to define the end of the parking and the one way drive lane leading to the car wash area. b. A "one way" sign shall be located at the southeast corner of the building to indicate proper traffic movement in this area. c. A delineator in the drivew serving this site to separate in -bound and out -bound traffic and to be consistent with zoning ordinance provisions limiting driveway widths to no more than 30 ft. d. The elimination of the right -in only access from 66th Avenue North. 14. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 15. All work performed and material used for construction of utilities shall conform to the City of Brooki_vn Center current standard specifications and details. • 1O -9% Page 1 16. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 17. The screening between the dental office and the R -3 zoned property to the west, consisting of a combination of a 6 ft. high opaque fence and Colorado Blue Spruce trees is consistent with screening required by the Ordinance. 18. Roadway improvements to 66th Avenue North, including turn lanes and median opening, based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the Holiday Stationstore project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. It is recommended that Planning Commission Application No. 97012 for site and building plan approval be approved subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. I Gradin�.z, drainage and utility plans are subject to review and approval by the City • Engineer prior to the issuance of permits. 3. Site performance agreements and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure completion of all site improvements. 4. Any outside trash disposal facilities and on- `round mechanical equipment shall be appropriately screened from view. 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. v 6. An underground irrigation sv_ stem shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signory which is subject to Chapter 34 of the City Ordinances. 8. B -61 curb and gutter shall be provided around all parking and driving areas. • lJ -9 Page ; 9. The applicant shall submit an as -built survey of the property, improvements and 40 utility service lines, prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standards specifications and details. 13. The final plat comprehended under Planning Commission Application No. 97010 shall be approved by the City Council and filed with Hennepin County prior to the issuance of building permits. 14. Roadway improvements to 66th Avenue North, including turn lanes and median opening based on a design approved by the City Engineer, shall be installed either prior to or in conjunction with the issuing of a building permit for the dental clinic project. A certificate of occupancy shall not be issued until the roadway improvements are completed and functional. • 10 -16 -9 r Pale 6 AdOW iawwmE7f I 3v5 VAD,VAIS CE` +T LRIVE. 200 SEH CENTER ST P-1 UL. %1N �7 110 1312' 4:30 -20 i) : °_Cu ZS- ✓7 APC.HI"EC'L:RE ENGINEEPING E,NVIPONMENriL -;.ANSPOPT4TICPI October 14, 1997 RE: Brooklyn Center, Minnesota 66th Avenue North/ Highway 252 to Camden Avenue SEH No. A- BROCT9801.00 Mr. Scott Brink City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Brink: We have completed the study of Upper 66th Avenue west of Highway 252 including access and future development needs. We have had an opportunity to discuss this with the City staff and some of the adjoining property owners. Background The Minnesota Department of Transportation (Nln/DOT) rebuilt Highway 252 several years ago. At 66th Avenue North, it provided dual northbound left turn lanes to provide needed intersection capacity. This is similar to intersections on the remainder of Highway 252. The dual northbound left turn lanes require two lanes for westbound 66th Avenue to a point where the two lanes can merge or traffic can divert to local entrances. At the same time, Mn/DOT provided three lanes eastbound on 66th Avenue including a left turn lane, a through lane, and a right turn lane which becomes a free flowing movement onto southbound Highway 252 at the intersection. A raised center island was provided. At approximately the same time, Super America rebuilt the existing service station and changed access from driveways close to the intersection with Highway 252 to a single wide intersection closer to the west end of the building. There is also a "travel behind" roadway on the south side of the station and potential for future connection west to Camden Avenue. Currently, Holiday Corporation proposes to build a station store on the north side of 66th Avenue. In addition to the Holiday Store, other development has been proposed for the area, although none has gone to formal application. The area between Camden Avenue and Highway 252 has very few buildings and is very under used for being prime land. Potential development for the area could or could not include redevelopment of adjacent areas. It is likely to generate a significant amount of traffic as we showed in a report for Skyline Enterprises. S- -R7` _ S CL 'Mr. Scott Brink October 14, 1997 Page 2 • Transportation Concerns The intersection of Highway 252 and 66th Avenue has capacity limitations. A major concern for potential future development is the northbound left turn in the morning rush period. In addition to having the dual left turn, a significant westbound area is needed so the traffic does not back up or hesitate as it travels west away from the intersection. In addition, there are likely to be longer traffic signal cycles at the intersection resulting in longer delays to eastbound traffic and longer backup from the intersection. In the future, major access to the new development south of 66th Avenue should be through Camden Avenue. This will then require a westbound left turn lane in the future in place of the "two way left turn lanes" now in place through much of 66th Avenue. It is resently wide enough for a westbound left to g P g turn lane with a single lane traveling west for through traffic. In the future, the widening could provide for two lanes in each direction plus the left turn lane. Future Design The future 66th Avenue design between Camden Avenue and Highway 252 will be dictated by a number of design elements. There needs to be enough eastbound left turn storage length for traffic in the evening peak hour. With anticipated redevelopment traffic, this will require a length of 225 feet. With a minimum "taper length" for the left turn lane of 50 feet t P � he end of the median island would be approximately 275 feet west of Highway 252. • Similarly, the westbound left turn lane at Camden Avenue will require storage for the heavy left turns in the morning peak period. Based on one redevelopment scheme, there needs to be 350 feet of westbound left turn lane storage. With an additional 50 feet of taper length for the median, the total median length would be almost 400 feet. Thus, the eastbound left turn and westbound left turns would have taper end close to each other. The distance left between the two is approximately 100 feet. This b itself would no g t provide enough Y p �h room for an intermediate access point for development on either side. This, however, would be extremely undesirable since these properties would then require access through Camden Avenue. A mitigating circumstance for the eastbound left turn lane is the lack of through traffic. It is possible to develop the left turn lane so that at the intersection there is adequate storage for left and through traffic. For the peak periods, the left turning traffic could back out into the left through lane of traffic since there is little through traffic that will be in that lane. Thus the total left turn lane need not hold the 225 feet of traffic but a combination of the full left turn lane, the taper and some of the remaining left lane could be used for storage. Similarly, the westbound left turn in the morning at Camden Avenue will not be in conflict with a significant volume of other westbound traffic. If dual left turn traffic from northbound Highway 252 were to continue to the west, with the right lane continuing past Camden and the left lane being backed up from traffic from the left turn lane, the section of road would still work satisfactorily since the traffic will be commuters. Thus, the westbound left through lane could be used in the morning . rush hour to store westbound left turning traffic at Camden Avenue. Mr. Scott Brink October 14, 1997 Page 3 Using these two mitigating circumstances, it is possible to develop an intersection approximately half way between Camden Avenue and Highway 252 which would provide access to the north and south properties. This could be adjusted slightly to line up with the west property line of the Super America station. This coincidentally would line up with the proposed access to the north to the Holiday Station which would also provide access to two additional lots. The eastbound traffic on 66th Avenue would have adequate storage for Highway 252 and would also have a full 100 foot left turn lane for the Holiday Station. Westbound traffic would also have a left turn lane to the Super America property as well as adequate storage for a left turn at Camden Avenue. These are shown on the concept drawing which is attached. It does not have the median opening shown in the final location subject to adjustments in negotiations with Super America, the adjacent property owner and Holiday Station stores. The concept would require Super America to relocate its driveway to the west to line up with the utility easement and the Holiday proposed driveway. These concepts have been presented to Super America and Holiday and seem to be a solution to a long -term access concern. We have not developed the concepts any further pending review from Super America. The concepts as shown would provide a single access point for both Super America and the adjacent property. This would provide reasonable access to both properties. In the absence of the development of a relocated driveway, Super America would be limited to its future access to Camden Avenue or a right turn in/right turn out access to 66th Avenue. If you have any questions or need any of the backup information which we have developed, please feel free to call us. Sincerely Short Elliott Hendrickson Inc. Glen Van Wormer Manager, Transportation Department sah Attachment F:IPROIECTSMAI -B LIBROCM951111C\B RI`K.O 14 • 77_ J - - N I� > r ' / r i .,.,1� .. / r ' r - .! «, ,r. - r , r �•'sai!'.3.v , . S C�� E s, .', 1 �i I ',`��„_�` J , r l • ,mot • �•,� �" f; �n r -,•• I V I tnlii ��C x �' , \ I, 1 _ u I r 1' d I °m ZLI b' b. Itl'19 `� J i , ' j•'i io SW Fj Ocfry I - , 1, + �'1•'� r , lr,\ 1 , 'i II ' s 1 t , - t { \y � �• 'i, e , •��r••-r ' 1 'J�-, 4 \ :�,• �.. .\ =I •n I •�a � I' ; ..�.. e._— ,1 � �~��� '" 'N � � .- �, l / (•- .� � �l •/ i' � �T•d1-tm�- - -' .s br, , %71 �: � n � w�' - ...- -• = \/ r i ,r.- ...,.�'_...T j� � � ' l r4 r y 1 _ _ I O1,ritrn umtnt I I � 1 r j L- ir .. 6624 G8G 5745 ' f -t" ;� „• _ �' ^�• y.•,o w+ ICS.. �G' ' ay e, L i '� / ✓ •� '` ; j6 _�1�' —" �„ -- r — � : ' � 13.. �1 �=, 1.r�• -�`.-- % 1 . „ r; �: ); r ^ �� , W `` � I O� i j I i 10 KI `J 8) Lu — �4 O II is �f�c� rQ°P(NG CEN7LRj, F �.1 i ±J« `Y ,1 Ir I- :' � • 1 �`— ', r a �, gee: • City Council Agenda Item No. 6f April 27, 1998 • • City of .Brooklyn Center A great place to start. A great place to stay. MEMORANDUM AMENDED TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: April 27, 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 27, 1998: MECHANICAL SYSTEMS A -abc Appliance & Heating 2638 Lyndale Ave. S.. Minneapolis Advanced Enemy Services, Inc. 3650 Annapolis Lane, Plymouth C.O. Carlson Air Conditioning Co. 1203 Bryant Ave. N., Minneapolis Gilbert Mechanical Contractors, Inc. 4451 W. 76th Street, Edina Michal's HHH 2779 161st Ave. N.W.. Anoka Minnesota Htg & AIC, Inc. 10701 93rd Ave. N. 413, Maple Grove RENTAL DWELLINGS Initial: Robert/Kathy Carpentier Ryan Terrace Kjirsten Bjerke -Keenan 3614 -16 50th Ave. N. Ronald L. Green 806 55th Ave. N. Renewal: HCM Investments 1425 55th Ave. N. Arthur /Dolores Kvamme 5529 Aldrich Drive N. Northport Properties 5401 Brooklyn Blvd. Duane Om 5407 Brooklyn Blvd. Boulevard Properties 5837 Brooklyn Blvd. HCNI Investments 5351 Irving Ave. N. James Shoultz 4214 Lakeside Ave. N. Thomas T\4ylan/Lorraine Owings 6907 W. Palmer Lake Dr. Hogenson Properties 3813 Urban Ave. N. i 6301 Shingle Creek Pktuv, Brooklyn Center, WN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3.100 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer SIGN HANGER Elements, Inc. 4920 Otter Lake Road, St. Paul TAXICAB COMPANIES Town Taxi, 4104 7000 57th Ave. N., Crystal i • City Council Agenda Item No. 7a April 27, 1998 • • MEMORANDITi I • DATE: April p it 20, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 5j SUBJECT: Public Hearing Regarding Proposed Improvement Project No. 1998 -07 Street In P P J Improvements, 68th and Lee Avenues North, and Public Hearing Regarding Proposed Special Assessments for Improvement Project No. 1998 -07, Street Improvements, 68th and Lee Avenues North Project Hearing - Summary Explanation On March 9, 1998, the City Council accepted the Engineer's feasibility report and approved a resolution calling, for public hearings to consider both the project and special assessments. Attached is a copy of the feasibility report and the proposed assessment rolls. The proposed project essentially consists of the reconstruction of Lee Avenue and 68th Avenue, all between 69th Avenue North and Brooklyn Boulevard. The streets serve primarily ® industrial and commercial properties in that area. Traffic volume as well as the more frequent use of the streets by trucks and vehicles with heavier weights have contributed to their deterioration. It is proposed to remove and replace the asphalt surface of the streets. The streets already have concrete curb and nutter, and it is proposed to replace only specific portions of the curb and gutter. Some adjustments to existing utilities are expected, such as new hydrants, replacement of leaky valves and the installation of some new catch basins. Overall however, the existing under -round utilities are in good condition and no major replacement expenditures are anticipated. The attached feasibility report provides a detailed breakdown of the specific project work items and costs. Also attached are copies of the correspondence forwarded to property owners. The 1998 Special Assessment Construction Fund Budget includes $420,000 for the estimated cost of the improvement project. The estimated project cost is $281,225, of which 70 percent, or $196,900 would be assessed to adjacent property owners, and the balance, or $84,325, would be paid from other sources as explained in the feasibility report and attached information. Special Assessment Hearing - General Summary • A second resolution is attached certifying special assessments for Improvement Project 1998- 07 to the Hennepin County tax rolls. It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City's current policy. The City's policy for street improvements in commercial and industrial zoned areas is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area (square footage) of properties benefitting from the improvement, we have calculated a preliminary assessment roll (attached with the feasibility report). The roll shows proposed assessments for all properties in the project area. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), the "A Zone," and the total square footage of the property minus the "A Zone, "or the "B Zone." These square footages are then multiplied by a unit cost rate, with the "A Zone," or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, because substantial drainage improvements to the proposed streets are not anticipated (other than some replacements and /or adjustments to the existing structures), any costs associated with storm sewer would be paid from the storm drainage utility. All property owners in the area affected by the proposed improvements have been duly notified as required by law. Generally, we have not received a significant amount of comments or feedback regarding the proposed improvement. ® Recommended City Council Action Staff Presentation. Open the public hearing on the proposed project, take public comment, and close the hearing. Consider the improvement project. A resolution ordering Improvement Project No. 1998 -07, Street Improvements, 68th Avenue North and Lee Avenue North, approving plans and specifications, and authorizing an advertisement for bids is provided. Open the public hearing to consider certification of the special assessment roll. A second resolution certifying special assessments for Improvement Project 1998 -07, Contract 1998 -J, Street Improvements, 68th and Lee Avenues North is also provided for consideration. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- , 07, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH WHEREAS, the Brooklyn Center City Council on April 27, 1998 authorized consideration of street improvements for the streets described as Lee Avenue North from 68th Avenue North to 69th Avenue North, and 68th Avenue North from Lee Avenue North to Brooklyn Boulevard; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvement is necessary, cost effective, and feasible as detailed in the feasibility report; and WHEREAS, the City Council on the 9th of March, 1998 adopted a resolution setting a date for a public hearing regarding proposed improvements for Improvement Project No. 1998 -07, and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 27th day of April, 1998, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and • WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the April 27, 1998 hearing; and WHEREAS, the City reasonably expects to expend monies from the Special Assessments Construction Fund, Water Utility Fund, Sanitary Sewer Utility Fund, or Storm Drainage Utility Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax- exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $285,000; and WHEREAS, City Staff, under the direction of the City Engineer have prepared plans and specifications for said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1998 -07, Street Improvements, 68th and Lee Avenues North is hereby ordered. 2. The plans and specifications for said improvement project are hereby approved • and ordered filed with the City Clerk. RESOLUTION NO. 3. The City Clerk shall prepare and cause to be inserted in the official newspaper and 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 State 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's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 4. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2. or any successor law, regulation, or ruling. ® 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -07, CONTRACT 1998 -J, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 14278; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy No. 14278, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessments levied against it. 1 Such assessments shall be payable in equal annual installments extending over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 1999, and shall bear interest at the rate of six and one -half (6.5) percent per annum on the entire assessment from October 1, 1998 through December 31, 1999. 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. • RESOLUTION NO. • 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 4/28/98 LEE AVE /68TH AVE PAVEMENT REPLACEMENT 1998 -07 LEVY #14278 LEVY # PID # ADDN # Street Address AMOUNT 14278 34- 119 -21 -22 -0004 89424 6845 Lee Ave N $33,927.82 14278 34- 119 -21 -22 -0005 89644 4501 68th Ave $23,725.91 14278 ' 34- 119 -21 -22 -0007 89646 6848 Lee Ave N $36,117.40 14278 34- 119 -21 -22 -0008 89646 4301 68th Ave N $14,273.28 14278 '34- 119 -21 -22 -0009 89646 6701 Brooklyn Blvd $28,189.45 14278 1 34- 119 -21 -22 -0010 89646 4315 68th Ave N $3,858.90 14278 :34- 119 -21 -22 -0011 89646 4321 68th Ave N' $6,174.81 14278 34- 119 -21 -22 -0012 89646 4435 68th Ave N $22,872.38 14278 34- 119 -21 -22 -0017 02961 6801 Brooklyn Blvd $27,718.05 TOTAL $196,858.00 031 City of Brooklyn Center A great place to start. A great place to slay. April 16, 1998 Dear Brooklyn Center Property Owner: On April 9, 1998, you were notified by certified letter of two public hearings to be held at City I Hall on April 27, 1998. The hearings are to consider a proposed improvement project and assessments affecting, property that you own within the City of Brooklyn Center. In the above referenced letter, additional information about the proposed assessments was provided for payment options. The following changes have been made to that information: Payin in fit1l between April 28 and November 30, 1998: 1. You may pay the total special assessment in full, without interest anytime between April 2S and May 31, 1998 [not May 27, 1998]. 2. From June I [not April 28] through November 30, 1998, you may pay the • total assessment, with interest calculated from June 1, 1998, to the date of payment. The interest rate is 6.5%. Very Important! Please contact the Asse sor's office at 569-')' 10 for payoff balance. If you have any questions regarding the amount of this assessment, please contact the City Engineering Office at 569- If you have any questions regarding payment, please contact the City Assessor's Office at 569-33 Sincerely, Diane Spector PUBLIC WORKS DIRECTOR • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 • City Hall & TDD Number (612) 569-3300 Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569-3494 An Affirmative Action 1Equal Opportunities Employer Cit �� �~� ��� �y� y City �� ������������� ���s��vcm �� - ' � A great place to start. A great place to stay. April 9 l990 Dear Center Owner: As you were notified in a letter sent January 22, 1998, the City Council -is considering a Street and Utility Improvement Project affecting property that you own within the City of Brooklyn Center. The letter explained the proposed project, which generally involves rehabilitation of the street that serves your property. Included with the letter was a survey that requested various pieces of infoririation from property owners. After surveys were returned and other preliminary design work and information gathering were completed, a feasibility report was prepared, and is attached for your information. The feasibility report was accepted by the City Council at their March 9, 1998 meeting, and a public hearing to consider the proposed improvement project and assessments was scheduled. Two public hearings will be held at 7:00 p HaUjacated at 6301 Shi gle Creek Parliway. The two hearings will be an Lmpravemeint Project Hearing to consider the project itself, and a Special Assessmknt Hearing to adopt the proposed assessments. At the public hearings the City Council will receive public comments, and then at the conclusion of the hearing will make a decision whether or not to order the project You dQi1QJJaay-e. to attend the public hearings. The results of the hearings will be available on our Construction Hotline at 569-3421. If you are unable to attend, you may � your — to our office, and we will ensure the Council receives copies. � Enclosed iau Notice of Public Hearing On Proposed Improvements and Proposed Special Assessments. Also enclosed iso copy ofthe s Feasibility Report. These are the highlights of the proposed improvements: D All streets in the project areas are proposed to be reconstructed to the same width. Some portions of the existing concrete curb and gutter will be replaced, while portions in good condition would remain. The � existing bituminous pavement would be removed and recycled for use as a base material tbrUhe new bituminous pavement surface. The additional base material will allow for added structural strength and a ���� bm|dopot�z anugocaozugc ���� structures is proposed along with minor repairs to utilities such as replacement of older water valves and � hydrants. Tiuffioand access to properties would he maintained throughout construction. Some minor repairs and adjustments to the existing water main and sanitary and storm sewer systems would also be performed aa part ofthe project. However, any costs incurred to repair these facilities would be paid for by available utility funds, and would not be assessed to property owners. � 2) Ifuui ' project cot i for your street, it would be funded in part by special assessments. ' The City's policy for commercial and industrial oo d properties io that 70 percent of the cost ofstreet improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon the estimated expected improvement cost and the area (square footage) of properties benefitting from the improvement, the proposed assessment for your property is shown (highlighted) on the attached � proposed levy roll. The amount is based upon a combination ofactual front square footage (property 'e.'gu/ � along the of 200 feet), and the total square footage of tbc property. These square fboiugeo are then multiplied hyo unit cost rate, with the ^'/\Z000",or that part of the property which io closest to the street assessed o10 higher rate than the ^^]0Zooe." Additional Information � _',- Proposed Projects � � If the projects are ordered atthe April 27 hearing, final plans and specifications will be prepared, undthe projects will ho bid out. After a contract io awarded, you will receive u construction newsletter. The periodic newsletters will update you oo the status of the projects, undprovidcnuuzc000dobouoonnbccaofposooxyon can contact for various issues throughout the project. � � Wc understand that access is very important issue to property . We will work closely if the projects arcorderod,yoor6ueioonsdieruptioovviDbcaooduiuulooposeihlc. Please feel free tocontact Scott Brink, City Engineer, at 569-3340, with any questions you may have about this. 6301 Shingle Creek P&myl Brooklyn Center, MN554J0'22999 City Hall &2YD Number (6J2)569'3300 Bocroodum and Chrnnxuo/ty Center Phone & TDDNunxbwr (912) 569'3400 w FAX (612) 569'3494 � An Affirmative Actioo/Equu/ Opportunities Employer _ Additional Information About the Proposed assessments If the Council adopts the proposed special assessments, - T O M . WILL BE SENT This letter is your notice. You will not receive any further information regarding assessments, unless the Council makes a change to the proposed assessments at the public hearing. Call the Construction Hotline, 569 -3421, to hear the results of the hearings. You have the following payment options: Paying in full between April 28 and iovember 30, 1998: 1. You may pay the total special assessment in full, without interest, within 30 days .of its adoption (any time between April 28 and May 27, 1998). 2. From April 28 through November 30, 1998, you may pay the total assessment, with interest calculated from June 1, 1998, to the date of payment. The interest rate is 6.5 %. Very Important! Pleas on a e-Assessor's off -c - C forte ayo_f lz�lans If you choose to pay your assessment in full, you may do so in person or by mail. Please make checks payable to "City of Brooklyn Center." If paying by mail, enclose a note stating that this is a payment of a special assessment, and the address of the property. Mail your payment to, or make payment in person at, the City Assessor's Offtee. Paying in installments with your property taxes, starting in 1999: I. You may choose to make payments with your property taxes over a 10 year period, at 6.5% interest. If you wish this payment option, you do not have to do anything —if the assessment is not paid in full by November 30, 1998, it automatically "rolls over" to your taxes. The first payment will be due with your taxes in 1999. 2. If at some point in the future you wish to pay off the balance of your special assessment, you may do so prior to November 15 of any year. Please contact the Assessor's office at 569 -3310 for a payoff balance. Partial payments: We cannot accept any partial prepayments of assessments (for example, half now, half later). Finally, if you have any questions regarding the amount of this assessment, please contact the City Engineering Office at 569 -3340. If you have any questions regazdi pgymea please contact the City Assessor's Office at 569 -3310. I IMPORTANT NOTE: refer to the notice of public hearing for information regarding assistance for persons 4 with disabilities who wish to attend the hearing and have special needs. We look forward to seeing you at the public nearing on Monday April 27, 1998 at 7 p.m. I Sincerely, z Scottrink, P. . CITY ENGINEER NOTICE OF PUBLIC HEARING ON PROPOSED IMPROVEMENTS AND NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Brooklyn Center will meet in the Council Chambers of Brooklyn Center City Hall, 6301 Shingle Creek Parkway at 7:00 p.m. or as soon thereafter as the matter may be heard, April 27, 1998 for a public hearing on each of the following proposed improvements and pass upon all objections, if any, to the proposed assessments for the following improvements: Description: Street reconstruction including regrading, base preparation, repair of damaged curb and gutter and driveway aprons, repair of manholes and catch basins, bituminous paving, and boulevard restoration. Location 1: PROJECT 1998-07: The area proposed to be assessed includes all properties abutting 68th Avenue North from Brooklyn Boulevard to Lee Avenue North and Lee Avenue North from 68th Avenue North to 69th Avenue North. The estimated cost of the project is 281,200. The amount proposed to be assessed is $196,858. • Location 2: PROJECT 1998-18: The area proposed to be assessed includes all properties abutting John Martin Drive from Shingle Creek Parkway to T.H. 100. The estimated cost of the project is $184,517. The amount proposed to be assessed is $129,162. Location 3: PROJECT 1998-19: The area proposed to be assessed includes all properties abutting James Avenue North from Freeway Boulevard to 67th Avenue North and 67th Avenue North from the circle east of James Avenue North to Shingle Creek Parkway. The estimated cost of the project is $215,600. The amount proposed to be assessed is $150,968. The Council proposes to proceed under the authority granted by Minnesota Statutes, Section 429.011 to 429. 111. Persons who desire to be heard with reference to the proposed improvements will be heard at this meeting. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has filed a written objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. These assessments are now on file at City Hall and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. AUXILIARY AIDS AVAILABLE LTON REQUEST Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 569-3300 to make arrangements. Published in Brooklvn Center Post, April 8 and April 15, 1998 /s/ Sharon Knutson, City Clerk 0 o City of f Brooklyn Venter A great palace to start. A great place to stay. AMA i ■ i 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569 -3344 F4X. 569 -3494 I.Ilw ial��ili�uhe ilu �,Ip .IL�h lip Jid.dlnnl JIII. I i I I WUI MI TI I! I. u. d 10, I II I, I, l III: i .. IL III II I I I I I I I III I I II L 1, 111, 1 l u I, I I .III II IIIIII 1111111 Id II L I I III w lilt na It I Iy I II Ihi ,J l u 1111111 J 1 nude, Nall i1 11 1 l 11HI �iil �Ih4 „L, I'y�lu ilil' ENGINEER'S FE A S IBILITY E T FOR STREEI 68TH AVENUE NORTH(LEE AVENUE N. TO BROOKLYN BOULEVARD) ANO • LEE AVENUE NORTH(68TH AVENUE N. TO 69TH AVENUE N.) IMPROVEMENT PROJECT NO. 1998 -07 I March 1, 1998 I hereby certify that this f easibility re Y .fY .f tY ort P was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of innesota Reg. No 7657 Scott Brink City Engineer March 1, 1998 • Feasibility Report Lee Avenue and 68th Avenue Page 1 J_EjRM1J' (see Figure 1) ne The proposed pi'cjeci, J-ncludcs roadway improvers -,nts aind altillit adjusti . nts for 68th Avenue North and Lee Avnwe r,`orth b, 69th Avenue vorti airl Brookly BoLdevaxd. W specific sm-,-ets f-ou im proveni--rit the City con duds a congnehensiv; Chywide evviluadon of the Mrs inRasnuenHe syster This in, strects, stor'll drains, sanit-ary sewers, and water dfist Because Brooklyii Center is amsidered an iolder 'Turst ring" sub.,urb, micch of ,his. i-td'astructure is reuchbig the age and condition wh�vre m:.i.chonit - nceds to be rehabilitated or - n replaced. Eie avoraH conAtion of 68th Ave nic and We Avenue in this cacti om aging and increasingly ii� �nowfom This is typical of strcxts in ri 1 ar in cas wh�.-�e si, ,nificant mnourits of heavior vehicles and WE& vollam"cs W"Aiz�� the n st7 Hc . ects an ageand condition who - o,-tizi-ae r-air Can no nainto 4, the q va""'ity and sc of It roadw ay, rehn � had on then becornes a v eco nr d a ac'tio 11. Generally, :1, �,:� � to remove and replace the asp hal' e • :-;. , ).d base of the roadway. The streets already W . concrete curb and gutter, and A is pmpuscd to rey only these pordous o"thc ourb and gutter vl= nacessa, Some adjustnionts w existin - 3 ate expected, such as new hyloints, replacemaro o!'.I--�rAy valves acid the rehlbilhation and of some new catch basins. Overall however, Onan"Ang undugnmnd OHM are to good comMm and no major - cp1acernent e;i are This was, in 5-: with previous din,-cluon ol " , .he City Con ncil and that staff would so lid , pub h c , ornI-n c t,�. - 1 1 he p r qj cot was previously id s ane; 1 6 - v the C ity C olm— ii in i Au, ust o f 199 - 7 and • k" r'T1.r;-doR iett-'crs stu have been sent W 6`ae pro7perfy owners. 9-MOSED-1-4-1-P-R. 11E - F, 1 7 All of the st-,e,--.ts in th.:� proposed project area serve ay industrml and comr-nicrcial , area. Among tdw businesses direotl serrve.d by these two streets are the t - Inited States Post 0 firice, North Medical Transportation, Health Partners, Osseo-Brooldyn Pus. Cornpany, and other businesses including Ren Chevrolet and Brookdale Buick. The streets are 4 teet in width, and the total length of both streets com bined i� 1 630 Boih streets are comti:ucted -, ,, , idh concrete curb and gutter, along with an existing bituminous pavernent thick-ness of 3-4 inches. These streets were construciod in 1966 and 1968. T1 . e typical service life of a properly maintained street is2V3Oyears- The streets an thereire aging and shciwing fatigue and distress, particularly as a result of the heavier vehicles that utilize these streets. Heav amounts of longitudinal and block cracking, raveling, and alligatoting have led to large amounts of skin patching and pothole repairs. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction of the bituminous surface is recommended. It is proposed to reconstruct the bituminous pavement of both of these streets. Generally, the existing concrete curb and gutter is in good condition with the exception of Lee Avenue. The southerly 300 feet is generally cracked and settled, and the northerly 300 feet (near the intersection with 69th Avenue) will be replaced due to a proposed grade change, Partial replacement of selected concrete driveway aprons is anticipated as part of this project. Feasibility Report Lee Avenue and 68th Avenue Page 2 Because of the excessive wear and use of the roadway over the years, the center crown of the roadway has settled; thus resulting in a very flat cross section that inhibits good drainage and promotes further deterioration of the roadway. It is proposed to remove and re-use(recycle) much of the existing bituminous pavement to provide additional base for the new bituminous surface, and build up, or reconstruct the roadway crown as needed. Because most of the existing curb and gutter would essentially remain, the streets would therefore remain the same width as -existing. The bituminous pavement would also be designed and constructed to provide for the heavier traffic, or a 9-ton axle weight design load. This is the typical design utilized for collector streets, or streets with higher volumes and heavier vehicles. In addition, a design is being incorporated that will attempt to reduce the severity of the sharp "rise" from northbound Lee Avenue to 69th Avenue at the Post Office, and provide a more , rise ise in elevation. Surveys have been sent to adjacent property owner regarding, the proposed work. Comments have been expressed with some concerns regarding the maintaining of traffic while the construction is occurring The maintaining of traffic on 68th Avenue is not anticipated to be a significant problem, largely because of the relatively small amount of underground utility work that is anticipated, and explained further in this report. Construction will cause some slow traffic on Lee Avenue, however, for the Post Office and Health Partners, who have driveway entrances that will be affected by the proposed change in street ,grade. Temporary measures will be provided to maintain access for those properties. In addition, there are no sidewalks or trails along these streets, and none are proposed. STORM DRAINAGE The existing storm sewer system in the project area has bqen inspected and found to be in relatively good condition. However, several of the catch basins and castings are aging and in need of either rehabilitation or replacement. Survey results received from these commercial establishments have not indicated si g i amounts of standing water and/or drainage problems. It is expected that the re- establishment of the roadway crown and the replacement of deteriorated or settled curb and gutter segments will alleviate localized incidents of poor drainage in the street itself. All storm sewer construction costs would be paid for from the storm sewer utility fund. S ANITARY-SEWERS Both streets are served by 8 inch diameter clay pipe sewers. Televised inspections of the sewer pipes and services show that the lines are in relatively good condition. This could in part be attributed to the Z� fact that there are very few trees within the roadway boulevard area, and root infiltration of the lines is not as prevalent as seen in many of the residential neighborhood areas. Surveys received from property owners do not appear to indicate any problems as well. As final design of the project progresses, any problem areas will be identified and corrected accordingly. Any costs associated with repair of the sanitary sewer lines would be paid from the sanitary sewer utility fund. AAIER MAINS The water distribution system for these particular streets installed in 1966 and 1968, and is in relatively good condition. Maintenance records do not appear to indicate any significant history of problems as well. Therefore, no major replacements are anticipated. Known problem locations, leaky valves, and aging hydrants would be replaced however as part of this work. All costs associated with any repairs to the water distribution system would be paid from the water utility fund. Feasibility Report Lee Avenue and 68th Avenue Page 3 ESTIMATED COSTS AND FUNDING CONSIDERATIONS ® ������ F� bS�r_eet Imprc�vemen The estimated cost for roadway improvements for 68th Avenue North and Lee Avenue North is $253,398. No street light or sidewalk work are proposed as part of the project. It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City's current policy. The City's policy for streets in commercial and industrial zoned areas is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area (square footage) of properties beriefitting from the improvement, we .have calculated a preliminary assessment (attached). The roll shows proposed assessments for all properties in the project area. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), the "A Zone', and the total square footage of the property minus the "A Zone,"or the "B Zone." These square footages are then multiplied by a unit cost rate, with the "A Zone", or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, because substantial drainage improvements to the proposed streets are not anticipated (other than some replacements and/or adjustments to the existing structures), any costs associated with storm sewer can be paid from the storm drainage utility. An amount of $12,070 has therefore been. included in the project cost to cover storm sewer appurtenance replacements and/or adjustments. As previously stated in this report, any costs for repair or adjustments to the sanitary sewer and water distribution systems would be paid from their respective utility funds. The estimated costs are $7,040 for sanitary sewer repairs, and $8,717 for water main repairs. As a result, the total estimated project cost'streets and utilities) is $2 Feasibility Report Lee Avenue and 68th Avenue Page 4 Recommended 1998 Project Scheduk March 9 City Council receives feasibility report and calls for public hearing April 27 Public Hearing and Special Assessment Hearing; City Council may authorize the project, order or approve plans and specifications, and authorize Ad for Bids May 6 First date of advertisements in Post and Construction Bulletin May 27 Bid opening June 8 City Council awards contract June 12 Preconstruction conference June 15 Start construction August 28 Substantial completion Conclusiotr The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the safety, welfare, and economic health of the entire City. As a result of the infrastructure needs, proposed solutions, and estimated costs described in this report, the proposed project is necessary, cost effective, and—feafible. • Scott Brink City Engineer Reg, No. 17657 • Feasibility Report Lee Avenue and 68th Avenue Page 5 68TH & LEE AVEENUES COSTS & FUNDING CONSMERAT� ONS IMPROVEMENT PROur-- 9'0 FEASIBILITY SU MMA RY ESTIMATED EXOIFI�,­DYTURE STREr SANITARY - %TFpM , lii T, AI L o s c S 220 .00 6,125.o ESTIMATED CONSTRUCTION COS1 11.50 1. 24. 464. 0 612.00 7 68. 0 0 CONTINGENCY (10%' SUBTOTAL CONSTRUCTI:IN C 053T 2 4 2, -i " . C) I 0,7,q 7 . 'j 0, 8. �A' (),0 6 $ j '37:5 00 ADMIN, ENG, LEGAL (1.5%) REFORESTAIION STREET LIGHTS ...... .... 12,070." I T — OTALES'MIN =TEDP�ROJECTVOUJ �-22 . ....... ESTIMATED REVENUE COMMERCIAL ASSESSMENT� $ ­ 196,wo;oo SANITARY SEWER T­-'.-'--­.'--­77­$­ 7 - 00 i v t, $ 8,717.00 WATER FUND STORM INAGE UTILITY FUND 12,070.66] S, 12,070 00 E I i$ 1,017 C)Ct SID, WALK - LOCAL STATE A D' ­7 LOCAL STATE.AID v 77 , $ 2 - TOTAL'FST. kE..ENjjE- (FEAS E:1 ENGiPROJEC'ngBPROJ\INDCOM168LEEItf :LASBYD!V • • IMPROVEMENT PROJECT NO. 1998 -07 LEE AVE /68TH AVE, PAVEMENT REPLACEMENT ESTIMATED SPECIAL ASSESSMENTS ESTIMATED PROJECT COST = $ 281,225 70% ASSESSED = $ 196,858 A ZONE = 622,692 SF @ $ 0.2213. / SF (70% of total) S ZONE = 1,031,395 SF @ $ 0.0573 / SF (30% of total) PROPOSED A ZONE B ZONE PID# ADDRESS ASSESSMENT AREA AREA - .. ... ...$33,927. 82 6 123,200 11 . 34- 119 -21 -22 -0004 6845 Lee Ave , ,380° 34- 119 -21 -22 -0005 4501 68th Ave $23,725.91 38,200 266,720" 34- 119 -21 -22 -0007 6848 Lee Ave $36,117.40 147,800 59,545_ 34- 119 -21 -22 -0008 4301 68th Ave $14,273.28 61,400 11,973 34- 119 -21 -22 -0009 6701 Brooklyn Blvd $28,189.45 35,000 357,040- 34- 119 -21 -22 -0010 4315 68th Ave $3,858.90 16,600 3,237 -34- 119 -21 -22 -0011 4321 68th Ave $6,174.81 26,492 5,452 34- 119 -21 -22 -0012 4435 68th Ave $22,872.38 66,000 144,372: 34- 119 -21 -22 -0017 6801 Brooklyn Blvd $27,718.05 108,000 66,576 TOTAL PRELIMINARY ASSESSMENTS $196,858.00 622,692 1,031,395 e:,e ngtproject\98project19807 asse.xls PARK O_f 7 - y OF BqOOKL YN . H m N `�iN39 �"� X __ . ,___.- - _( {�� l n _ 1SaftG _Mv lTr :W 1� A�. �. L� ____.._ �-- �. ... T 1 �� .� C > >do-efiAl — ��''�� fi M IL A Y i — � 11 -i -� -� i : A pmy A J Qww PT OR(,4 Of. N- i _j f A A- 1-1 nl - J�v wry#, A, tLt fli m 40 1-fe AVE j-- _ - ffl M_ S _ [LE kA > ME A r-n MA MA" AVE 14 tiDIANA AVE. al I T11 AVE. /.���' AWE r GKI&S 90 � - -- F k PL. � _ � t }}Y -Y"" '(� � r� ���1111.1 -� '. H -_ _ A r AYE. N. � '. N 1 � Cn � �� �{ Y "�O � �� .N � — }r � tT LME:_ mn OUP C5 W- Vufl n� i goD Z� rn EEAfWj A� -� o - 1- tpdt3V - �T 7�� �}� cn �AL AYE. N.I I� — C — a G euy I R Aill January 22, 1 4998 Dear Property Owner: Brooklyn Center will soon be in the fifth year of its twenty-year program to improve streets, utilities and storm drainage throughout the City. At this time, the City is performing preliminary engineering survey work to determine the feasibility of reconstructing certain streets and utilities that serve a particular property that you own in the City, with the intent to perform street reconstruction and utility work in 1998 Development of a preliminary feasibility study does not mean that an improvement project has been approved, or necessarily will be approved. The study is intended to look into the street and infrastructure needs in more detail, to make better cost estimates, and review the possibility of improvements with property owners. All of this information is then brought back to the City Council, which will then decide if an improvement project is warranted. If the Council takes that next step, it will conduct a public hearing on the matter. I have enclosed a map of the City showing the location of specific streets being considered for reconstruction. Our records indicate that you are the owner of property bordering or being at least partially served from at least one of the streets highlighted on the map. This letter is to inform you that (1) an improvement project is being considered for a street serving your property in 1998; (2' ) you may notice City survey crews and private sewer televising crews working to gather information about existing street grades and conditions of utilities; (3) special assessments would be levied against benefitting properties; and (4) when we complete the gathering of • data and cost determinations, a public hearing will be held, later this spring. All property owners with affected properties in the proposed project areas will receive a Notice of Public Hearing letter seven to ten days before any public hearing is scheduled. Proposed project areas for 1998 include John Martin Drive, James Avenue and 67th Avenue, and Lee Avenue and 68th Avenue(see attached map). Why Your Street? When selecting specific streets for improvements, the City conducts a comprehensive Citywide evaluation of the entire infrastructure system. This includes streets, storm drains, sanitary sewers, and water distribution pipes. Because Brooklyn Center is considered an older "first ring" suburb, much of this infrastructure is reaching the age and condition where much of it needs to be rehabilitated or replaced. The overall condition of the infrastructure(particularly the street), serving your property is falling into a deteriorating condition. This is typical of streets in commercial and industrial areas where significant amounts of heavier vehicles and traffic utilize the streets. In addition, the City utilizes a Pavement Management Program (PMP) to assist in prioritizing and scheduling streets for reconstruction. The PMP is a computer program which analyzes surface and subsurface information about streets and predicts how much longer the pavement will last. When stre(-ts typically reach an age and condition where routine maintenance can no longer maintain the quality and serviceability of the roadway, rehabilitation then becomes a recommended action. The result is that we are looking at rehabilitating or reconstructing the streets serving the industrial and commercial property areas as shown on the map, adding storm sewer where necessary, and repairing water and sanitary sewer mains where necessary. Rehabilitation of the street itself would likely involve removal and replacement of the existing bituminous pavement, and the repair and replacement of • concrete curb and gutter as needed. Financing If an improvement project is approved for your street, it would be funded in part by special assessments. The City's policy for commercial and industrial zoned properties is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area(square footage) of properties benefitting from the improvement, ement, we have calculated a preliminary assessment (attached). The roll shows estimated assessments for all properties in the project area, including your particular property or properties. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), and the total square footage of the property. These square footages are then multiplied by a unit cost rate, with the "A Zone", or that part of the property vwhich is closest to the street assessed at a higher rate than the "B Zone. However, these figures are only preliminary at this time, and more detailed inform,%'fion will be provided prior to the public .1ing. At this time, we anticipate the City Council wo - uld- hold a public hearing late in March or eavy lAl April, 1998. Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners -2,. portion of that cost as well. However, at this time, we do not anticipate any substantial drainage improvements to the proposed streets, other than some replacements and/or adjustments to the existing sty Jnn sewer system. Some minor repairs and adjustments to the existing water main and sanitary sewer systems would also be performed as part of the project. However, any costs incurred to repair sanitary sewer and water facilities would be paid for by available utility funds, and would not be assessed to property owners. Again, more detailed and specific numbers regarding assessments and the proposed improvement work will be provided to you prior to the public hearing. In order to provide an accurate and comprehensive assessment of the neighborhood's needs, your input and suggestions is valuable and needed. We have therefore included a survey that should only take a few minutes to fill out and send back to us. We request that the survey be returned by February 13, 1998. Your input is appreciated. In the meantime, if you have any questions or comments, please don't hesitate to call us in the Engineering Division at 569-3340. Aside from improving the infrastructure, we're always looking for good ideas to improve the general appearance of our streets and boulevard areas, and would welcome your suggestions. Sincerely, Scott Brink, P. E. City Engineer cc: Mayor Myrna Kragness, Council Members, City Manager IMPROVEMENT PROJECT NO. 1998 -07 LEE AVE /68TH AVE, PAVEMENT REPLACEMENT ESTIMATED SPECIAL ASSESSMENTS ESTIMATED PROJECT COST= $310,000 70% ASSESSED = $217,000 A ZONE = 622,692 SF @ $0.2439 / SF (70% of total) B ZONE = 1,031,395 SF @ $0.0631 / SF (30% of total) PROPOSED A ZONE B ZONE PID# ADDRESS ASSESSMENT AREA AREA 34- 119 -21 -22 -0004 6845 Lee Ave $37,399.23 123,200 116, 6,380 i 34- 119 -21 -22 -0005 4501 68th Ave $26,153.48 38,200 266,720= 34119- 21. -22 -0007 6848 Lee Ave $39,812.84 147,800 59,545 34- 119 -21 -22 -0008 4301 68th Ave $15,733.68 61,400 11,973= 34- 119 -21 -22 -0009 6701 Brooklyn Blvd $31,073.72 35,000 357,040. 34- 119 -21 -22 -0010 4315 68th Ave $4,253.73 16,600 3,237 -34- 119 -21 -22 -0011 4321 68th Ave $6,806.60 26,492 5,452= 34- 119 -21 -22 -0012 4435 68th Ave $25,212.62 66,000 144,372-_ 34- 119 -21 -22 -0017 6801 Brooklyn Blvd $30,554.09 108,000 66,676 TOTAL PRELIMINARY ASSESSMENTS $217,000.00 622,692 1,031,395, eaeng \project\98project \9807asse.xls SURVEY This survey will help us better understand conditions and needs regarding the infrastructilre serving your property. Please return this sur�,.,y by February 13, 1998. You may also call us at 569-2:340 ta talk abTu', these issues. x. ., Thank YDu for vc.:,�.r Scott Br Cit-, Engineer shows a number qfse sewerser vice s with :rood erate gerc' root in, - Utrre ✓ vo expefiencedtva -,woblems with sanitary sewer 4- tie.? : -; ice` ;" to a eet Row yken? Do you have tre-es mnr vGu'r '0 ?.'rnt Eetver system? Are there 2. have 4,rh v; i7poding il e t - r r y o v r prop er ty afte, r e", e a vy ems Me 3. aw�- of any Mj �S • - p - ONelas relating" t', (he - kvow di 'fibution �Mher coneerris dfo vou ihave? A'-e Spee catic -,eeds? Do you have any idea5j& eral d:'? g1 if; cyne bothfigryour ar ihf" ge-neral? 0 youz Jiiave .questions or nted n-i-ore ;Diease collitact the engineering deif?2�-;uri at 569- yol-u jaanae- ?., .3 Add Please re tern by February 13, 1998 to: Engineering Department City of Brooklpa Center 6301 Shingle Creek- Pkwy Brooklyn Center, MN 55430 a . z -'e °� IL 4 CIL'] I OU , - J n 3AMISA ML� - V IL F iL ­ 2 FT, IL I I CO L I 771 0 !"Ji F FL' -41 UF I ]Fh -:� t ]Li' 111M I j v lb [ il �f Ml 0 Ill IF k 'UL' 1 1111 111-L L.000"L -i[ F Fi 1 C ITY OF BROOKLYN CENTER PROPOSED STREET REHAB -1998 INDUSTRIAUCOMMERCIAL STREETs • SURVEY This survey will. help us better understand conditions and needs regarding the infrastructure !D serving your property. Please return this survey by February 13, 1998. You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. Sc Brink, City Engineer I. Our -sewer televising typically shows a number o f sanitary sanita sewer services with moderate to severe root inft1tration. Have you exper any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service? NJF-A*7 -r rL 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or flooding in the streets or your property after heavy rainfalls? 3' * Are you aware of any problems relating to the water distribution system? xj • 4. What other concerns do you have? Are there traffic problems? i S ecode p JT c c enforcement needs? , Do you have any ideas for general improvements, both., for your street or the City in general? 6 432cnkt VAI Should you have questions or -need more information, please contact the engineerIncr department at 569- )340. Your n ame: Address: 7o /4 S S' z Please return by February 13, 1998 to: Engineering Department City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, NLLN 55430 SURVEY This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 1.3, 1998. You may also call us = 4 1 at 569-3340 to talk about these issues you for your cooperation, SJott Brink, City Engineer 1. Our sewer televising typically shows a number of sanitary sewer services with moderate to severe root infUtration- Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service? -7 2. Do you have any comments regarding drainage or the storm: sewer system? Are there Z), any problems with ponding, water or flooding in the streets or your property after heavy rainfalls? 3. Are you aware of any problems relating to the water distribution system? 4. What other concerns do- you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in general? 1,646e, e zo :7 Should you hi!aMcquestions or need more inforni6tion, Please contact the ena* - e - rM - 9 department at 569-3 Your name: Al l Address: Please return by February 13, 1998 to: Engineering Deparanent City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, WN 55430 a ealthPartners Brooklyn Center iVedical Clinic 6845 Lee Avenue North Brooklyn Center, MIN 1 4 5429-1799 612-569-0300 SUR"IT-1 Y 1). As far as anyone knows here, we haven't had our service cleaned out to the street. We do have tree's alonc the boulevard, but the tree's (as of this date) don't seem to be creating any problem. Our two four-inch services comes into the building, from Noble Z:) Avenue which is on the west side of the building. 2). No No 4). One problem that stands out is the meetin of Lee Avenue and 69th. The hill at this intersection is very severe which makes entering; onto 69th dangerous, especially on slippery days. It would be nice if some of the severity could be taken out of the hill, keeping our entrance and exit level with Lee Avenue. If you need more information, please contact: Patsy Kuentz, Clinic Manager HealthPartners Brooklyn Center Medical Clinic 6845 Lee Avenue North Brooklyn Center, Minnesota Phone: 569-0450 Health Partners' mission is to improve the health oTour members and our communit,✓ City Council Agenda Item No. 7b April 27, 1998 MEMORANDUM DATE: Ap ril 20 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer rr SUBJECT: Public Hearing Regarding Proposed Improvement Project No. 1998 -18, Street Improvements, John Martin Drive, and Public Hearing Regarding Proposed Special Assessments for Improvement Project No. 1998 -18, Street Improvements, John Martin Drive Project Hearing - Summary Explanation On March 9, 1998, the City Council accepted the Engineer's feasibility report and approved a resolution calling for public hearings to consider both the project and special assessments. Attached is a copy of the feasibility report and the proposed assessment rolls. The proposed project essentially consists of the reconstruction of John Martin Drive (from Shingle Creek Parkway to T.H. 100). The street serves primarily commercial properties in that area. The heavier volumes of traffic as well as the more frequent use of the streets by trucks and vehicles with heavier weights have contributed to the deterioration of the roadway. John Martin Drive is also classified as a Municipal State Aid Street, and State Aid funds are therefore available to assist in the reconstruction of the roadway. It is proposed to remove and replace the asphalt surface of the roadway. The streets already have concrete curb and gutter, and it is proposed to replace only those portions of the curb and -utter that have deteriorated or settled. Some adjustments to existing utilities are expected, such as new hydrants, replacement of leaky valves and the installation of some new catch basins. Overall however, the existing underground utilities are in good condition and no major replacement expenditures are anticipated. The attached feasibility report provides a detailed breakdown of the specific project work items and costs. Also attached are copies of the correspondence forwarded to property owners. The 1998 Municipal State Aid Fund Budget includes an amount of $287,000 for the project cost. The preliminary estimated project cost is $184,517, of which 70 percent, or $129,162 would be assessed to adjacent property owners. The street improvements are eligible for funding from regular Municipal State Aid. Special Assessment Hearing - General Summary A second resolution is attached certifying special assessments for Improvement Project 1998- 19 to the Hennepin County tax rolls. 4 It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City's current policy. The City's policy for street improvements in commercial and industrial zoned areas is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area (square footage) of properties benefitting from the improvement, we have calculated a preliminary assessment roll (attached with the feasibility report). The roll shows proposed assessments for all properties in the project area. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), the "A Zone," and the total square footage of the property minus the "A Zone, "or the "B Zone." These square footages are then multiplied by a unit cost rate, with the "A Zone," or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, because substantial drainage improvements to the proposed streets are not anticipated (other than some replacements and /or adjustments to the existing structures), any costs associated with storm sewer would be paid from the storm drainage utility. All property owners in the area affected by the proposed improvements have been duly notified as required by law. Generally, we have not received a significant amount of comments or feedback regarding the proposed improvement. a Recommended City Council Action Staff Presentation. Open the public hearing on the proposed project, take public comment, and close the hearing. Consider the improvement project. A resolution ordering Improvement Project No. 1998 -18, Street Improvements, John Martin Drive, approving plans and specifications, and authorizing an advertisement for bids is provided. Open the public hearing to consider certification of the special assessment roll. A second resolution certifying special assessments for Improvement Project 1998 -18, Contract 1998 -K, John Martin Drive is provided for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- 18, CONTRACT 1998 -K. STREET IMPROVEMENTS, JOHN MARTIN DRIVE WHEREAS, the Brooklyn Center City Council on April 27, 1998 authorized consideration of street improvements for the streets described as John Martin Drive from Shingle Creek Parkway to T.H. 100; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvement is necessary, cost effective, and feasible as detailed in the feasibility report; and WHEREAS, the City Council on the 9th of March, 1998 adopted a resolution setting a date for a public hearing regarding proposed improvements for Improvement Project No. 1998 -18; and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 27th day of April, 1998, at which time all persons desiring to be heard were given an opportunity to be heard thereon, and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the April 27, 1998 hearing; and WHEREAS, the City reasonably expects to expend monies from the Special Assessments Construction Fund, Municipal State Aid Fund, Water Utility Fund, Sanitary Sewer Utility Fund, or Storm Drainage Utility Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax- exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is 5185,000; and WHEREAS, City Staff, under the direction of the City Engineer have prepared plans and specifications for said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1998 -18, John Martin Drive is hereby ordered. 2. The plans and specifications for said improvement project are hereby approved and ordered filed with the Citv Clerk. RESOLUTION NO. 3. The City Clerk shall prepare and cause to be inserted in the official newspaper and 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 State 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's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 4. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 -2. or any successor law, regulation, or ruling. • 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 followin � voted against the same: whereupon said resolution was declared duly passed and adopted. • i Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -18, CONTRACT 1998 -K, STREET IMPROVEMENTS, JOHN MARTIN DRIVE, TO THE HENN'EPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 14279; and WHEREAS assessment 'w i y s nt rolls, copses of which are attached hereto and part hereof b, reference, have been prepared by the City Clerk, tabulating those properties where street improvement costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City ouncil of the City of Y Y Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy No. 14279, made a part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessments levied against it. _. Such assessments shall be a able in equal annual installments extending pY q � over a period of ten (10) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 1999, and shall bear interest at the rate of six and one -half (6.5) percent per annum on the entire assessment from October 1, 1998 through December 31, 1999. 3. The owner of any propert so assessed may at any time prior to the certificate of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. 0 e RESOLUTION NO. =l. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 4/28/98 JOHN MARTIN DRIVE PAVEMENT REPLACEMENT 1998 -18 i LEVY #14279 LEVY # PID # ADDN # Street Address AMOUNT 14279 02- 118 -21 -12 -0007 89769 5925 EARLE BROWN DR $17,150.52 14279 02- 118 -21 -12 -0010 89769 5930 EARLE BROWN DR $23,803.68 14279 02- 118 -21 -12 -0011 89769 5915 JOHN MARTIN DR $9,572.79 ( 14279 02- 118 -21 -12 -0014 03183 6000 SHINGLE CR PKWY $10,653.41 14279 02- 118 -21 -12 -0015 03183 6050 SHINGLE CR PKWY $8,953.72 14279 02- 118 -21 -21 -0002 89766 5930 SHINGLE CR PKWY'' $4,686.55 14279 02- 118 -21 -21 -0005 89769 5901 JOHN MARTIN DR $5,643.44 14279 02- 118 -21 -21 -0014 01091 5939 JOHN MARTIN DR $9,434.16 14279 02- 118 -21 -21 -0015 01091 5927 JOHN MARTIN DR $9,524.22 14279 02- 118 -21 -24 -0020 04252 5900 SHINGLE CR PKWY $29,739.51 J TOTAL $129,162.001 • City of Brooklyn Center ® A great place to start. A great place to stay. April lb, 1998 Dear Brooklyn Center Property Owner: On April 9, 1995, you were notified by certified letter of two public hearings to be held at Citv Hall on April 27, 1998. The hearings are to consider a proposed improvement project and assessments affecting property that you own within the City of Brooklyn Center. In the above referenced letter, additional information about the proposed assessments was provided for payment options. The following changes have been made to that information: Paying its ficll between April 28 and November 30, 1998: 1. You may pay the total special assessment in full, without interest anytime between April 28 and May 3 ! , 1998 [not May 27, 1998]. 7 1 a v may _. From June � not Ann..8' throu_h November 30 1998, ou pay the m 7� • total assessment, with interest calculated from June 1, 1998, to the date of payment. The interest rate is 6 6.5 %. Very Important! Please contact the assessor's 0 Ffi Ce at `or na�vo balance. If you have anv questions regarding the amount of this assessment, please contact the City Engineering Office at 569 -3340. If you have any questions regarding pay »sent, please contact the City Assessor's Office at 3b9 -3310. Sincerely, l Diane Spector PUBLIC WORKS DIRECTOR 6301 Shingle Creek Pkwy, Brooklyn Center, SIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 - 3494 An Affirmative Action /Equal Opportunities Employer City of Brooklyn Center A great place to start. A great place to stay. April 9, 1998 Dear Brooklyn Center Property Owner: As you were notified in a letter sent January 22, 1998. the City Council is considering a Street and Utility Improvement Project affecting property that you own within the City of Brooklyn Center. The letter explained the proposed project, which generally involves rehabilitation of the street that serves your property. Included with the letter was a survey that requested various pieces of information from property owners. After surveys were returned and other preliminary design work and information gathering were completed, a feasibility report was prepared, and is attached for your information. The feasibility report was accepted by the City Council at their March 9, 1998 meeting, and a public hearing to consider the proposed improvement project and assessments was scheduled. Two public hearings will be held at 7:00 p.m. on Mon daA. Ap 2 7. 1999. i the Council Chambers at City Hall, located at 63(1 Shingle Creek Parkway The two hearings will be an Improvement Project H ring to consider the project itself, and a Special Assessment Hearing to adopt the proposed assessments. At the public hearings the City Council will receive public comments, and then at the conclusion of the hearing will make a decision whether or not to order the project You do not have to attend the public hearings. The results of the hearings will be available on our Construction Hotline at 569 -3421. If you are unable to attend, you may send your comments in writing to our office, and we will ensure the Council receives copies. Enclosed is a Notice of Public Hearing On Proposed Improvements and Proposed Special Assessments. Also enclosed is a copy of the Engineer's Feasibility Report. These are the highlights of the proposed improvements: 1) All streets in the project areas are proposed to be reconstructed to the same width. Some portions of the existing concrete curb and gutter will be replaced, while portions in good condition would remain. The existing bituminous pavement would be removed and recycled for use as a base material for the new bituminous pavement surface. The additional base material will allow for added structural strength and a build up of the roadway crown to enhance drainage. Rehabilitation and /or replacement of existing drainage structures is proposed along with minor repairs to utilities such as replacement of older water valves and hydrants. Traffic and access to properties would be maintained throughout construction. Some minor repairs and adjustments to the existing water main and sanitary and storm sewer systems would also be performed as part of the project. However, any costs incurred to repair these facilities would be paid for by available utility funds, and would not be assessed to property owners. 2) If an improvement project is approved for your street, it would be funded in part by special assessments. The City's policy for commercial and industrial zoned properties is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon the estimated expected improvement cost and the area (square footage) of properties benefitting from the improvement, the proposed assessment for your property is shown (highlighted) on the attached proposed levy roll. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), and the total square footage of the property. These square footages are then multiplied by a unit cost rate, with the "A Zone ", or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." Additional Information About the Proposed Projects If the projects are ordered at the April 27 hearing, final plans and specifications will be prepared, and the projects will be bid out. After a contract is awarded, you will receive a construction newsletter. The periodic newsletters will update you on the status of the projects, and provide names and phone numbers of persons you can contact for various issues throughout the project. We understand that access is a very important issue to property owners. We will work closely with you so that if the projects are ordered, your business disruption will be as minimal as possible. Please feel free to contact • Scott Brink, City Engineer, at 569 -3340, with any questions you may have about this. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 e 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 Additional Information About the Proposed Assessments If the Council adopts the proposed special assessments, NQ - BII,I, WII,I. BF C This letter is your notice. P P cil makes a change to the You will assessments g Y.�u N.11 not receive any furthe information �.,garal_.g , unless the Council proposed assessments at the public hearing. Call the Construction Hotline, 569 -3421, to hear the results of the hearnnas. You have the following payment options: Paying in full between April 28 and Alovember 30, 1995: 1. You may pay the total special assessment in full, without interest, within 30 days of its adoption (any time between .April 28and May 27, 1998). 2. From Aprl 28 through November 30, 1998, you may pay the total assessment, with interest calculated from June 1, 1998, to the date of payment. The interest rate is 6.5 %. Very Important! Please coniac e Assessor's office at-5-69 -' for a,_pavoffbal If v our assessment in full, you may do so in p erson or. b mail. Please I_ you choose to pa y , y y p y make checks , payable to "City of Brooklyn Center." If paying by mail, enclose a note stating that this is a payment of a special assessment, and the address of the property. Mail your payment to, or make payment in person at, th:: GO Assessor's Office. Paying in installments with your property tares, starting in 1999: 1. You may choose to make payments with your property taxes over a 10 year period, at 6.5% interest. If you wish this payment option, you do not have to do anything —if the assessment is not paid in full by November 30, 1998, it automatically "rolls over" to your taxes. The first payment will be • due with your taxes in 1999, 2. If at some point in the future you wish to pay off the balance of your special assessment, you may do so prior to November 15 of any year. Please contact the Assessor's office at 569 -3310 for a payoff balance. Partial payments: We cannot accept any partial prepayments of assessments (for example, half now, half later). Finally, if you have any questions regarding the amount of this assessment, please contact the City Engineering Office at 569 -3340. Ifyou have any questions re ardin payment, please contact the City Assessor's Office at 569 -3310. f ENITORT_A- T '`4OTE: refer to the notice of public hearing for information regarding assistance for persons !! with disabilities w,vho wish to at *end the hearing and have special needs. We look forward to seeing you at the public hearing on Monday, April 27, 1998 at 7 p.m. Sincerely, Scott Brink, P.I3! CITY ENGINEER NOTICE OF PUBLIC FEARING ON PROPOSED IMPROVEMENTS AND NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Brooklyn Center will meet in the Council Chambers of Brooklyn Center City Hall, 6301 Shingle Creek Parkway at 7:00 p.m. or as soon thereafter as the matter may be heard, April 27, 1998 for a public hearing on each of the following proposed improvements and pass upon all objections, if any, to the proposed assessments for the following improvements: Description: Street reconstruction including regrading, base preparation, repair of damaged curb and gutter and driveway aprons, repair of manholes and catch basins, bituminous paving, and boulevard restoration. Location 1: PROJECT 1998 -07: The area proposed to be assessed includes all properties abutting 68th Avenue North from Brooklyn Boulevard to Lee Avenue North and Lee Avenue North from 68th Avenue North to 69th Avenue North. The estimated cost of the project is 281,200. The amount proposed to be assessed is $196,858. • Location 2: PROJECT 1998 -18: The area proposed to be assessed includes all properties abutting John Martin Drive from Shingle Creek Parkway to T.H. 100. The estimated cost of the project is $184,517. The amount proposed to be assessed is $129,162. Location 3: PROJECT 1998 -19: The area proposed to be assessed includes all properties abutting James Avenue North from Freeway Boulevard to 67th Avenue North and 67th Avenue North from the circle east of James Avenue North to Shingle Creek Parkway. The estimated cost of the project is $215,600. The amount proposed to be assessed is $150,968. The Council proposes to proceed under the authority granted by Minnesota Statutes, Section 429.011 to 429.111. Persons who desire to be heard with reference to the proposed improvements will be heard at this meeting. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSNIENTS An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has filed a written objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. These assessments are now on file at City Hall and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected propem owners as it deems advisable. AL- MLLARY AIDS AVAILABLE UPON REQUEST Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 569 -3300 to make arrangements. Published in Brooklvn Center Post. April 8 and April 15, 1998 /s/ Sharon Knutson, City Clerk 31 City of Brooklyn Center A great place to start. A great place to stay. . . 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569-3340 FAX. 569 -3494 ENGINEER FEASIBILITY REPORT FOR S TRE IMPR 0 VEMENTS JOHN MARTIN DRIVE (SHINGLE CREEK PARKWAY TO T. H. 100) IMPROVEMENT PROJECT NO. 1998 -18 March 1, 1998 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of inneessota Reg`. t1Vo. 7657 Scott Brink City Engineer March 1, 1998 Feasibility Report John Martin Drive Page I O VER VIE Yi' (see Figure 1) The proposed project includes roadway improvements and utility adjustments for John Martin Drive between Shingle Creek Parkway and T.H. 100. When selecting specific streets for improvements, the City conducts a comprehensive Citywide evaluation of the entire infrastructure system. This includes streets, storm drains, sanitary sewers, and water distribution pipes. Because Brooklyn Center is considered an older "first ring" suburb, much of this infrastructure is reaching the age and condition where much of it needs to be rehabilitated or replaced. The overall condition of John Martin Drive is aging and increasingly deteriorating. This is typical of streets in commercial and industrial areas where significant amounts of heavier vehicles and traffic volumes utilize the streets. When streets reach an age and condition where routine maintenance can no longer maintain the quality and serviceability of the roadway, rehabilitation then becomes a recommended action. Generally, it is proposed to remove and replace the asphalt surface and base of the roadway. The streets already have concrete curb and gutter, and it is proposed to replace only those portions of the curb and gutter that have deteriorated or settled. Some adjustments to existing utilities are expected, such as new hydrants, replacement of leaky valves and the rehabilitation and installation of some new catch basins. Overall however, the existing underground utilities are in good condition and no major replacement expenditures are anticipated. This report was prepared in accordance with previous direction of the City Council and that staff would solicit public comment. The project was previously initiated by the City Council in August of 1997, and i information letters and surveys have been sent to the appropriate property owners. PP OFPOSrxl DO IMPP O VEMENTS STREETS John Martin Drive services a significant amount of traffic within a commercial area of the City. In addition to serving the adjacent properties and local traffic, John Martin Drive also serves as an essential link between Shingle Creek Parkway and T.H. 100. The roadway carries over 6,000 vehicles per day and is classified as a Municipal State Aid street. Among the businesses directly served by John Martin Drive are Shingle Creek Center(Target), Brookdale Square, and several others. The street is 44 feet in width, and the total length is approximately 1700 feet. The street is constructed with concrete curb and gutter, along with an existing bituminous pavement thickness of 3 -5 inches. The typical service life of a street with proper maintenance is 20 -30 years. John Martin Drive was constructed in 1970, and is aging and showing signs of fatigue and distress, particularly as a result of the heavier vehicles that utilize these streets. Heavy amounts of longitudinal and block cracking and raveling, have led to large amounts of skin patching and pothole repairs. The City's Pavement Management Program indicates that it is no longer cost - effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction of the bituminous surface is recommended. Feasibility Report John ,Martin Drive Page 2 It is proposed to reconstruct the bituminous pavement. Generally, the existing concrete curb and gutter IS in good condition with the exception of some segments. Therefore, most of the existing concrete curb • and gutter would remain in place, with replacement of some selected segments. Partial replacement of some concrete driveway aprons is anticipated as part of this project. Because of the excessive wear and use of the roadway over the years, the center crown of the roadway has settled; thus resulting in a very flat cross section that inhibits good drainage and promotes further deterioration of the roadway. It is proposed to remove and re- use(recycle) much of the existing bituminous pavement to provide additional base for the new bituminous surface, and build up, or reconstruct the roadway crown, as needed. Because most of the existing curb and gutter would essentially remain, the streets would therefore remain the same width as existing. The bituminous pavement would also be designed and constructed to provide for the heavier traffic, or a 9 -ton axle weight design load, in accordance with Mn/DOT State Aid standards. This is the typical design utilized for collector streets, or streets with higher volumes and heavier vehicles. The project will terminate at T.H. 100 where the roadway turns to Mn/DOT jurisdiction. Surveys have been sent to adjacent property owners regarding the proposed work. Comments have been expressed with some concerns regarding the maintaining of traffic while the constriction is occurring. The maintaining of traffic during construction is not anticipated to be a significant problem, largely because of the relatively small amount of underground utility work that is anticipated, and explained further in this report. In addition, some comments have been expressed regarding the condition of the "nodes," or sidewalk/pedestrian corners at the intersections with Shingle Creek Parkway and Earle Brown Drive. Repairs to the sidewalks and pavers on the nodes on John Martin Drive are included in this project. Repairs to the sidewalks and pavers on the nodes on Summit Drive plus landscaping improvements to all the nodes will be completed by a separate project in 1998. STORM DRATNA -GE The existing storm sewer in the project area has been inspected and found to be in relatively good condition. However, several of the catch basins and drainage castings are aging and in need of either rehabilitation or replacement. Survey results received from property owners have indicated few localized incidents of standing water and/or drainage problems. It is expected that the re- establishment of the roadway crown and replacement of deteriorated or settled portions of concrete curb and gutter segments will alleviate any localized points of drainage deficiencies in the street itself. All costs associated with storm drainage would be eligible for reimbursement with State Aid funds. SANITARY _ SEWERS John Martin Drive is served by an 8 inch diameter clay pipe sewer. Televised inspections of the sewer pipe and services show that the line is in relatively good condition. This could in part be attributed to the fact that there are very few trees within the roadway boulevard area, and root infiltration of the line is not as prevalent as seen in many of the residential neighborhood areas. Surveys received from property owners do not appear to indicate any problems as well. As final design of the project progresses, any problem areas will be identified and corrected accordingly. Any costs associated with repair of the sanitary sewer lines would be paid from the sanitary sewer utility fund. Feasibility Report John _Llarrin Drive Page 3 The water distribution system on John Martin Drive was installed in 1969, and is in reiatively good condition. Maintenance records do not appear to indicate any significant history of problems as well. Therefore, no major replacements are anticipated. Mown problem locations, leaky valves, and aging hydrants would be replaced however as part of this work. All costs associated with any repairs to the water distribution system would be paid from the water utility fund. ESTIMATED COSTS AND FUNDING CONSIDERATIONS Costs and Funding for Street Improvement The estimated cost for roadway improvements for John Martin Drive is S 170,579. No street tight work is proposed as part of this project. State Aid funds would be available to assist in the reconstruction of John Martin Drive. It is also proposed to levy special assessments for street . improvements in accordance with the rates adopted by the City's current policy. The City's policy for streets in commercial and industrial zoned properties is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area(squwe footage) of properties benefitting from the improvement. we have calculated a preliminary assessment (attached). The roll shows proposed assessments for all properties in the project area. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), the "A Zone ", and the total square footage of the property minus the "A Zone ", or the "B • Zone." These square footages are then multiplied by a unit cost rate, with the "A Zone ", or that part of the property which is closest to the street assessed at a higher rate than the ``B Zone." Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, because substantial drainage improvements to the proposed street, are not anticipated (other than some replacements and /or adjustments to the existing structures), any costs associated with storm sewer which are not reimbursable by MSA can be paid from the storm drainage utility. An amount of $9,196 has therefore been included in the project cost to cover storm sewer appurtenance replacements and/or adjustments. As previously stated in this report, any costs for repair or adjustments to the sanitary sewer and water distribution systems would be paid from their respective utility funds. The estimated costs are 53,017 for sanitar sewer repairs, and 51,725 for water main repairs. As a result the total estimated project cost is $184,517. Feasibility Report john Martin Drive Page 4' Re zanun nd- dj 998 Proiect Sche • March 9 City Council receives feasibility report and calls for public hearing April 27 Public Hearing and Special Assessment Hearing; City Council may authorize the project, order or approve plans and specifications, and authorize Ad for Bids May 6 First date of advertisements in Post and Construction Bulletin May 27 Bid opening June 8 City Council awards contract (pending State Aid plan approval by Mn/'DOT) June 12 Preconstruction conference June 15 Start construction August 28 Substantial completion Conclusion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the safety, welfare, and economic health of the entire City. As a result of the infrastructure needs, proposed solutions, and estimated costs described in this report, the proposed project is necessary, cost effective, and fe4sible. Oel Scott Brink City Engineer Reg. No. 17657 Feasibility Report John iiartin give Page 5 |||||| I t ff- t-- T - 111 11 J- i r-J-1 wa--tl MT A HT-L-if IR f E� T mv lu H" m Rti 111RUB-111141 u-MU ^^^ MY jxn4wl MlMtH 1111- aff[l I tj _VY] 17-- R - 3AY 16 M"I T Rt 0 k , [Tl�y A jj � TH H ff I �tj im" qAY p AN RL V111111 r--ml X. mu t 11 ay ulai� �ii I m-_- 0 • IJOHN MARTIN DRIVE COSTS & FUNDING CONSIDERATIONS IMPROVEMENT PROJECT 1998 -18 FEASIBILITY SUMMARY 3/5/98 ESTIMATED EXPENDITURE STREET SANITARY WATERMAIN STORM ESTIMATED SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 148,395.00 $ 2,625.00 $ 1,500.00 $ 8,000.00 '$ 160,520.00 CONTINGENCY (10 %) $ 14,839.00 $ 262.00 $ 150.00 $ 800.00 $ 16,051.00 SUBTOTAL CONSTRUCTION COST $ 163,234.00 $ 2,887.00 $ 1,650.00 $ 8,800.00 $ 176,57 ADMIN, ENG., LEGAL (4.5 %) $ 7,345.00 $ 130.00 $ 75.00 $ 396.00 $ 7,946.00 REFORESTATION STREET LIGHTS TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $ 170,579.00 $ 3,017.00 $ 1,725.00 $ 9 $ 184,517.00 ESTIMATED REVENUE 1 COMMERCIAL ASSESSMENT $ 129,162.00 $ 129,162.00 SANITARY SEWER FUND $ 3,017.00 $ 3,017.00 WATER FUND $ 1,725.00 $ 1,725.00 STORM DRAINAGE UTILITY FUND $ - MSA FUNDING $ 170,579.00 $ 9,196.00 $ 179,775.00 LOCAL STATE AID $ (129,162.00) TOTAL EST. REVENUE (FEASIBILITY) $ 170,579.00 $ 3,017.00 $ 1,725.00 $ 9,196.00 $ 184,517.00 t E: \ENG\ PROJECT MPROJ\INDCOM \JOHNMART\PEASBYDIV Page 1 - 0 0 IMPROVEMENT PROJECT NO. 1998-18 JOHN MARTIN DRIVE, PAVEMENT REPLACEMENT EST SPECIAL ASSESSMENTS EST PROJECT COST = $ 184.517 7U96 ASSESSED = $ 129.162 /\ ZONE =412.272GF@ $ 02193 /SF (70Y6oftotal) B ZONE =6b8.O83QF@ $ 0.0589 /SF (3U96oftotal) Current Project Future Project* PROPOSED AZ0NE BZONE FUTURE FUTURE _ P|D# _ ADDRESS ASSESSMENT AREA _ AREA AZ()NE BZONE , 02-118-21-12-0007 5Q25 Earle Brown Dr. $17.150.52 67.300 40.612 85.663 40.812 02-118-21'12-8810 5930 Earle Brown Dr. $23.883.68 72.000 136.100 216.000 93.392� 02'118-21-12-0014 GUUU Shingle Creek Pkwy $10.653,41 48.578 28.000 82-118-21-12-0015 GU50 Shingle Creek Pkwy $8.95372 10.450 113.143 � 02-118-21-12-OO11 6S15 John Martin Dr. $9.57270 40.800 10.617 � 02418'21-21-0006 5901 John Martin Dr. $5.643.44 10.762 33.414 � � 02-118-21-21-0015 5927 John Martin Dr. $8.524.22 37.698 21.353 02-118-21-21-0014 5Q3Q John Martin Dr. $0.434.16 33.316 36.137 02-118-21'21'0002 5Q30 Shingle Creek Pkwy $4.686.55 21.370 58.887 02-118-21-24-0020 5SOU Shingle Creek Pkwy $29.739.51 64.080 268.707 148.000 533.416 � � � TOTAL PRELIMINARY ASSESSMENTS $129.182.00 412.272 658.083 528.360 667.420 � °FuhunePnojeot'nnaonsareaabutdnganadacentstroat(auohauShinQ|eCreekPkwyorEade8rownOrive).which would be assessed when that adjacent street ioimproved v:\one\po4actm8p^oject\9605aase-x|s January 22, 1998 Bear Property Owner: Brooklyn Center will soon be in the fifth year of its twenty -year program to improve streets, utilities and storm drainage throughout the City. At this time, the City is performing preliminary engineering survey work to determine the feasibility of reconstructing certain streets and utilities that serve a particular property that you own in the City, with the intent to perform street reconstruction and utility work in 1998. Development of a preliminary feasibility study does not mean that an improvement project has been approved, or necessarily will be approved. The study is intended to look into the street and infrastructure needs in more detail, to make better cost estimates, and review the possibility of improvements with property owners. All of this information is then brought back to the City Council, which will then decide if an improvement project is warranted. If the Council takes that next step, it will conduct a public hearing on the matter. I have enclosed a map of the City showing the location of specific streets being considered for reconstruction. Our records indicate that you are the owner of property bordering or being at least partially served from at least one of the streets highlighted on the map. This letter is to inform you that (1) an improvement project is being considered for a street serving your property in 1998; (2) you may notice City survey crews and private sewer televising crews working to gather information about existing street grades and conditions of utilities; (3) special assessments would be levied against benefitting properties; and (4) when we complete the gathering of data and cost determinations, a public hearing will be held, later this spring. All property owners with • affected properties in the proposed project areas will receive a Notice of Public Hearing letter seven to ten days before any public hearing is scheduled. Proposed project areas for 1998 include John Martin Drive, James Avenue and 67th Avenue, and Lee Avenue and 68th Avenue(see attached map). Why Your Street? When selecting specific streets for improvements, the City conducts a comprehensive Citywide evaluation of the entire infrastructure system. This includes streets, storm drains, sanitary sewers, and water distribution pipes. Because Brooklyn Center is considered an older "first ring" suburb, much of this infrastructure is reaching the age and condition where much of it needs to be rehabilitated or replaced. The overall condition of the infrastructure(particularly the street), serving your property is falling into a deteriorating condition. This is typical of streets in commercial and industrial areas where significant amounts of heavier vehicles and traffic utilize the streets. In addition, the City utilizes a Pavement Management Program (PMP) to assist in prioritizing and scheduling streets for reconstruction. The PMP is a computer program which analyzes surface and subsurface information about streets and predicts how much longer the pavement will last. When streets typically reach an age and condition where routine maintenance can no longer maintain the quality and serviceability of the roadway, rehabilitation then becomes a recommended action. The result is that we are looking at rehabilitating or reconstructing the streets serving the industrial and commercial property areas as shown on the map, adding storm sewer where necessary, and repairing water and sanitary sewer mains where necessary. Rehabilitation of the street itself would likely involve removal and replacement of the existing bituminous pavement, and the repair and replacement of concrete curb and gutter as needed. Financing If an improvement project is approved for your street, it would be funded in part by special assessments. The City's policy for commercial and industrial zoned properties is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area(square footage) of properties benefitting from the improvement, we have calculated a preliminary assessment (attached). The roll shows estimated assessments for all properties in the project area, including your particular property or properties. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), and the total square footage of the property. These square footages are then multiplied by a unit cost rate, with the "A Zone ", or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." However, these figures are only preliminary at this time, and more detailed information will beprovidedprior to the public hearing. At this time, we anticipate the City Council would hold a public hearing late in March or early in April, 1998. Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, at this time, we do not anticipate any substantial drainage improvements to the proposed streets, other than some replacements and/or adjustments to the existing storm sewer system. Some minor repairs and adjustments to the existing water main and sanitary sewer systems would also be performed as part of the project. However, any costs incurred to repair sanitary sewer and water facilities would be paid for by available utility funds, and would not be assessed to property owners. Again, more detailed and specific numbers regarding assessments and the proposed improvement work will be provided to you prior to the public hearing. In order to provide an accurate and comprehensive assessment of the neighborhood's needs, your input and suggestions is valuable and needed. We have therefore included a survey that should only take a few minutes to fill out and send back to us. We request that the survey be returned by February 13, 1998. Your input is appreciated. In the meantime, if you have any questions or comments, please don't hesitate to call us in the Engineering Division at 569 -3340. Aside from improving the infrastructure, we're always looking for good ideas to improve the general appearance of our streets and boulevard areas, and would welcome your suggestions. Sincerely, �� iO Scott Brink, P. E. City Engineer cc: Mayor Myrna Kragness, Council Members, City Manager • • • e IMPROVEMENT PROJECT NO, 1996 -05 JOHN MARTIN DRIVE, PAVEMENT REPLACEMENT ESTIMATED SPECIAL ASSESSMENTS ESTIMATED PROJECT COST = $157,800 70% ASSESSED = $110 A ZONE = 412,272 SF @ $0.1876 / SF (70% of total) B ZONE = 658,083 SF @ $0.0504 / SF (30% of total) Current Project Future Project* _ 1 ct* PROPOSED A ZONE B ZONE FUTURE FUTURE PID# ADDRESS ASSESSMENT AREA AREA A ZONE B ,. Z ONE 02- 118 -21 -12 -0007 5925 Earle Brown Dr. $14,667.21 67,300 40,612 85,663 40,612 - 02- 118 -21 -12 -0010 5930 Earle Brown Dr. $20,357.03 72,000 136,100 216,000 93,392= - 02- 118 -21 -12 -0014 6000 Shingle Creek Pkwy $9,110.85 48,578 20,000 02- 118 -21 -12 -0015 6050 Shingle Creek Pkwy $7,657.26 10,450 113,143 02- 118 -21 -12 -0011 5915 John Martin Dr. $8,186.70 40,800 10,617 02- 118 -21 -21 -0005 5901 John Martin Dr. $4,826.30 16,762 33,414 02- 118 -21 -21 -0015 5927 John Martin Dr. $8,145.16 37,696 21,353 02- 118 -21 -21 -0014 5939 John Martin Dr. $8,068.14 33,316 36,137 02- 118 -21 -21 -0002 5930 Shingle Creek Pkwy $4,007.96 21,370 58,697 02- 118 -21 -24 -0020 5900 Shingle Creek Pkwy $25,433.38 64,000 266,707 148,000 533,416 TOTAL PRELIMINARY ASSESSMENTS $110,460.00 412,272 658,083 528,360 667,420- *'Future Project" means area abutting an adjacent street (such as Shingle Creek Pkwy or Earle Brown Drive), which would be assessed when that adjacent street is improved e:\engtproject\98project\9605asse.xis SURVEY • This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998. You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. Slott Brink, City Engineer 1. Our sewer televising typically shows a number of sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service? 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or flooding in the streets or your property after heavy rainfalls? 3. Are you aware of any problems relating to the water distribution system 4. What other concerns do you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in general? Should you have questions or need more information, please contact the engineering department at 569-3340. Your name: Address: Please return by February 13, 1998 to Engineering Department City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 IL I •=� f y� — �� t r l 1 a s L I J [�' LU q — °�u+�`� y JAMESAN< � VF, Al I �gE77, S. c F-T-14 i MOM Jo MJN MIT s !f L LILT m I L CITY OF BROOKLYN CENTER PROPOSED STREET REHAB -1998 G l � INOUSTRIAUCOMMERCIAL STREETS —'T, (—rmrT l fi i� • IMPROVEMENT PROJECT NO. 1996-05 JOHN MARTIN DRIVE, PAVEMENT REPLACEMENT ESTIMATED SPECIAL ASSESSMENTS ESTIMATED PROJECT COST = $157,800 70% ASSESSED = $110,460.00 A ZONE = 412,272 SF @ $0.1876 / SF (70% of total) B ZONE = 658,083 SF @ $0.0504 / SF (30% of total) Current Project Future Project* PROPOSED A ZONE BZONE FUTURE FUTURE PID# ADDRESS ASSESSMENT AREA AREA A ZONE BZONE 02-118-21-12-0007 5925 Earle Brown Dr. $14,667.21 67,300 40,612 85,663 40,612 02-118-21-12-0010 5930 Earle Brown Dr. $20,357.03 72,000 136,100 216,000 93,392 02-118-21-12-0014 6000 Shingle Creek Pkwy $9,110.85 48,578 20,000 02-118-21-12-0015 6050 Shingle Creek Pkwy $7,657.26 10,450 113,143 02-118-21-12-0011 5915 John Martin Dr. $8,186.70 40,800 10,617 02-118-21-21-0005 5901 John Martin Dr. $4,826.30 16,762 33,414 02-118-21-21-0015 5927 John Martin Dr. $8,145.16 37,696 21,353 - 02-118-21-21-0014 5939 John Martin Dr. $8,068.14 33,316 36,137 02-118-21-21-0002 5930 Shingle Creek Pkwy $4,007.96 21,370 58,697 02-118-21-24-0020 5900 Shingle Creek Pkwy $25,43138 64,000 266,707 148,000 533,416: TOTAL PRELIMINARY ASSESSMENTS $110,460.00 412,272 658,083 528,360 667,420 *'Future Project" means area abutting an adjacent street (such as Shingle Creek Pkwy or Earle Brown Drive), which would be assessed when that adjacent street is improved e:\eng\project\98project\9605asse,xis SURVEY This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998. You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. Slott Brink, City Engineer 1. O u r s ewer televising typically shows a number of sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service? 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or flooding in the streets or your property after heavy rainfalls? 3. Are you aware of any problems relating to the water distribution system? 4. What other concerns do you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in general? Should you have questions or need more information, please contact the engineering department at 569-3340. Your name: Address: Please return by February 13, 1998 to: Engineering Department City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 SURVEY • This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998. You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. W/I S; ott Brink, City Engineer 1. Our sewer televising typically shows a number of sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees nearyour service? /Vo , / 11_r�r Z. 410 11�041Z ia4&1Z44#v'S 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or flooding in the streets or your property after heavy rainfalls? t- 3. Are you aware of any problems relating to the water distribution system? A/o 4. What other concerns do you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in general? 0,/., e.,,e A-'.-.JJQ bz -1-kZ 4,4';I'i� .'r 7 C/ Should you have questions or need more information, please contact the engineering department at 569-3340. Your name: Address: 1 Please return by February 13, 1998 to: Engineering Department City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 City Council Agenda Item No. 7c April 27, 1998 • MEMORANDUM DATE: April 20, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer,�� SUBJECT: Public Hearing Regarding Proposed Improvement Project No. 1998 -19, Street Improvements, James and 67th Avenues North, and Public Hearing Regarding Proposed Special Assessments for Improvement Project No. 1998 -19, Street Improvements, James and 67th Avenues North Project Hearing - Summary Explanation On March 9, 1998, the City Council accepted the Engineer's feasibility report and approved a resolution calling for public hearings to consider both the project and special assessments. Attached is a copy of the feasibility report and the proposed assessment rolls. The proposed project essentially consists of the reconstruction of James Avenue North between Freeway Boulevard and 67th, and 67th Avenue North between Shingle Creek Parkway and • James Avenue. The streets serve primarily industrial and commercial properties in that area. The heavier volumes of traffic as well as the more frequent use of the streets by trucks and vehicles with heavier weights have contributed to the deterioration of the roadways. It is proposed to remove and replace the asphalt surface of the roadway. The streets already have concrete curb and gutter, and it is proposed to replace only those portions of the curb and gutter that have deteriorated or settled. Some adjustments to existing utilities are expected, such as new hydrants, replacement of leaky valves and the installation of some new catch basins. Overall however, the existing underground utilities are in good condition and no major replacement expenditures are anticipated. The attached feasibility report provides a detailed breakdown of the specific project work items and costs. Also attached are copies of the correspondence forwarded to property owners. The 1998 Special Assessment Construction Fund Budget includes $547,000 for the estimated cost of the improvement project. The estimated project cost is $215,668, of which 70 percent, or 5150,968 would be assessed to adjacent property owners and the balance, or $64,700, would be paid from other sources as explained in the feasibility report and attached information. Special Assessment Hearing - General Summary A second resolution is attached certify special assessments for Improvement Project 1998 - Y � P P J 19 to the Hennepin County tax rolls. It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City's current policy. The City's policy for street improvements in commercial and industrial zoned areas is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area (square footage) of properties benefitting from the improvement, we have calculated a preliminary assessment roll (attached with the feasibility report). The roll shows proposed assessments for all properties in the project area. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), the "A Zone," and the total square footage of the property minus the "A Zone," or the "B Zone." These square footages are then multiplied by a unit cost rate, with the "A Zone," or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, because substantial drainage improvements to the proposed streets are not anticipated (other than some replacements and /or adjustments to the existing structures), any costs associated with storm sewer would be paid • from the storm drainage utility. All property owners in the area affected by the proposed improvements have been duly notified as required by law. Generally, we have not received a significant amount of comments or feedback regarding the proposed improvement. Recommended City Council Action Staff Presentation. Open the public hearing on the proposed project, take public comment, and close se the hearin Consider the improvement project. A resolution ordering Improvement Project Nos. 1998 -19, Street Improvements, James Avenue North and 67th Avenue North, approving plans and specifications, and authorizing an advertisement for bids is provided. Open the g ublic hearing to consider certification f t P � o he special assessment roll. A second resolution certifying special assessments for Improvement Project 1998 -019, Contract 1998 -L, James and 67th Avenues North is provided for consideration. Member introduced the following resolution and moved its 40 adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENTS, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1998- 19, CONTRACT 1998 -L, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH WHEREAS, the Brooklyn Center City Council on April 27, 1998 authorized consideration of street improvements for the streets described as James Avenue North from Freeway Boulevard to 67th Avenue North, and 67th Avenue North from Shingle Creek Parkway to James Avenue North; and WHEREAS, the Council has previously received and accepted a feasibility report for said proposed improvements, as prepared by the City Engineer; and WHEREAS, said improvement is necessary, cost effective, and feasible as detailed in the feasibility report; and WHEREAS, the City Council on the 9th of March, 1998 adopted a resolution setting a date for a public hearing regarding proposed improvements for Improvement Project No. 1998 -19; and WHEREAS, ten days published notice of the hearing was given and the hearing thereon was held on the 27th day of April, 1998, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered all comments, testimony, evidence and reports offered at or prior to the April 27, 1998 hearing; and WHEREAS, the City reasonably expects to expend monies from the Special Assessments Construction Fund, Water Utility Fund, Sanitary Sewer Utility Fund, or Storm Drainage Utility Fund on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax- exempt bonds, the debt service of which is expected to be paid from property taxes, special assessments, or utility fees. The maximum amount of obligations expected to be issued for such project is $215,700; and WHEREAS, City Staff, under the direction of the City Engineer have prepared plans and specifications for said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1998 -19, James Avenue North and 67th Avenue North Street Improvement is hereby ordered. 2. The plans and specifications for said improvement project are hereby approved and ordered filed with the City Clerk. RESOLliTION NO. 3. The City Clerk shall prepare and cause to be inserted in the official newspaper and 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 State 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 tiled with the City Clerk and accompanied by a cash deposit, cashier's's check, bid bond, or certified check payable to the City Clerk for 5 percent of the amount of such bid. 4. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.105 -2 and any successor law, regulation, or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.105 2. or any successor law, regulation, or ruling. • 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. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1998 -19, CONTRACT 1995 -L, STREET IMPROVEMENTS, JAMES AND 67TH AVENUES NORTH, TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by laws, the City Council has met and heard and passed upon all objections to the proposed Special Assessment Levy No. 14280; and WHEREAS, assessment rolls, copies of which are attached hereto and part hereof by reference, have been prepared by the City Clerk, tabulating those properties where street improvement costs are to be assessed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Such proposed assessments, Special Assessment Levy No. 14280, made a • part hereof, are hereby accepted and shall constitute the special assessments against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessments levied against it. 1 Such assessments shall be payable in equal annual installments extending over a period of ten (1()) years as indicated on the assessment roll. The first of the installments to be payable with ad valorem taxes in 1999, and shall bear interest at the rate of six and one -half (6.5) percent per annum on the entire assessment from October 1, 1998 through December 31, 1999. 3. The owner of any property so assessed may at any time prior to the certificate of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest shall be charged through December 31 of the succeeding year. RESOLUTION NO. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. 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 OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 4/28/98 JAMES /67TH AVE PAVEMENT REPLACEMENT 1998 -19 LEVY #14280 LEVY # PID # ADDN # Street Address AMOUNT 14280 35- 119 -21 -11 -0012 89781 1600 67TH AVE N' $30,389.15 14280 35- 119 -21 -11 -0013 89781 1700 67TH AVE N $16,831.20 f 14280 35- 119 -21 -12 -0005 89778 6700 SHINGLE CR PKWYI $8,720.33 14280 35- 119 -21 -14 -0002 89273 2100 67TH AVE N: $8,476.88 14280 35- 119 -21 -14 -0003 89273 6530 JAMES AVE N' $27,716.32 14280 35- 119 -21 -14 -0005 89772 1801 67TH AVE Ni $9,830.28 ) 14280 35- 119 -21 -14 -0006 89772 6660 SHINGLE CR PKWY $4,645.64 f 14280 35- 119 -21 -14 -0007 89772 6540 SHINGLE CR PKWY' $7,394.08 J 14280 35- 119 -21 -14 -0008 89772 1800 FREEWAY BLVD $15,455.31 ) 14280 35- 119 -21 -14 -0011 90068 1600 FREEWAY BLVD $8,013.10 ) 14280 35- 119 -21 -14 -0014 00258 1601 67TH AVE N' $13,495.71 TOTAL' $150,968.00 i 1 City of Brooklyn Center A great place to start. A great place to stay. • April 16, 1998 Dear Brooklyn Center Property Owner: On April 9, 1998, you were notified by certified letter of two public hearings to be held at City Hall on April 27, 1998. The hearings are to consider a proposed improvement project and assessments affecting property that you own within the City of Brooklyn Center. In the above referenced letter, additional information about the proposed assessments was provided for payment options. The changes es have been made to that information: lln Paying in full between April 28 and November 30, 1998: y 6 1. You may pay the total special assessment in full, without interest anytime between April 28 and May 3 ) 1, 1998 [not May 27, 1998]. 2. From June I [not April 28] through November 30, 1998, you may pay the total assessment, with interest calculated from June 1, 1998, to the date of payment. The interest rate is 6.5%. Very Important! Yleq- contact thQ Aaaessor's office at 569 -331 for 12ayoff balance, If you have any questions regarding the amount of this assessment, please contact the City Engineering Office at 569 -33 40. )40. If you have any questions regarding payment, please contact the City Assessor's Office at 569- ) )10. Sincerely, C/�� Diane Spector PUBLIC WORKS DIRECTOR • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 • City Hall & TDD Number (612) 569-3300 Recreation and Community Center Phone & TDD Number (612) 569-3400 • FAX (612) 569-3494 An Affirmative Action 1Equal Opportunities Employer ity 'Brooklyn Center 99v el Of A great place to start. A great place to sta April 9, 1998 Dear Brooklyn Center Property 0 As you were notified in a ) sent January 222, 1998, the City Council s considering a Street and Utility L ri Pro;ec " ai ..sting property ilia t you ovvT, tN i th PA the City of Brooklyn C inter. The letter explained Vrie proposed pro�jt-et, whichcrenerally involves rchaNlitation oll'the street that serves your property. Included witht the letter was a, silrvcy 'J r.-quested various pieccs of iintorri-,atdon Erom property owners. After surveys -- " - d - �., , siv, - ) ,voTk andinforniation gatheritig werc; completed, a feasibOity report wc­re retumed- and ot`­ Tlfti , v,, p-Lepared, and Ibr , your inf6rrnation. The flas -- bility re pm' was accepted by the, City Couric", a, Mcif Nlf�l'zh Q, .;.-e an 6 a pu,- !,- ic iiearing lo consid cr the proposcd trIprovenlent py ect ai j be geld at U - : , C an kc 7 tlld :':' t ?' C , 'OrOPOSCLI assessments. A the at 'd C conclusion of the hearin • aublic City r v nt 1-ke a­ wlieihe3 t ;'d the public hearings. Tlle results of the hc:c�­s wilt be on our Cof!st,r I ,,-- al: 1 vou are unable; to attend, , you may S-,nd yoiis ? in ;Allritirlg 33- officc,, c0pies, : liar',_ of Publi,- iii al- On Praposcd Also J �c Fnigin.ctla s Rer Tht-:-1­- `- 'U,*& criosed improvements: S ;r� -.arne kA,` orrtions Of I n il be J (i ;on 0-n "vould, 1 pdVr_'MeV.J: _vOulubu 1,:CI !Or 111SC : -).s <I, base :'naer:al for the ne-�+v :T iov� �' d streng ar�d p.�;, surfacc. Th- additional basc bunlrl crown to eiihancc� dra�­,­ hal �, emsting olrl ak)np, - vvith rnainor r tc�l o , vater vah'es and hv&ants, ;JCC��,SS t0 J)Tonertle�, ""'OuIld mai -, .) , roughour cons' uctian, Som;� mil'.-C' 4nd adjUstrnents to tb- v. niail ar. sanitary and ston-1 sewer syst-'rns V.U.Uid aisr. lhc, perf"il-aled as p-art clf the pr-ji--cl, H; .­-­-, an,, costs, !z-jcc-_n ed to iepair thew facilities woul U il nd,�, and, no d aqs,�.ssed t"Y nrc cliv ov.- be hv i PY _-1 - )"cl ' I's approved f (Yr , it "vould 'oe fun in pairi by spe assz�ss . for cornmercial and - indlust , " -all IS U ercentof the. co? .; of street A to the properly nt:,-s ;r3d .5 p4 r% pai d for -,vid 1 ad cit f Based is as.­ss berieffiting from tlac area (aq =e apon the estllrn ` ., �.- inyprm, . 4�osl and 1­ footage) of rop- -t -o,vr -, h pmpos,-d asSessmeni , flor, 1 ) i e,. , is sl�,( ��Hgl lfighicd) on the attached 4, f ont sc 1 are "rootage property length C( -UL ni�,;Ual z�lor g th s I ce-t Li rn e3 a depth of 2 00 fe e �an d thz: I sq , f.,c I" of I property. These square loc,tages �'_ ; by a unit co�t rab:-., wi�h "A Zonc-", Jr . t7. ? p, )f' c property which is c I os.es'L to. th s'11 asst. ssed at a hi gb ;r - a tc f tl :,�: 13 Zont ; p - Adtfithwra,l About ther 1 I ref-i r-Pt 11 the -,)rojecs �_t the Npril 2 h,-;, nial E)iainl.- and specifications will be prepared, and the projects ?vffl be b oul, Aiter aconlract is a-,; vou vvill receive a construction newsletter. The periodic ,i-pc!at­ thcl, status 0 f"'rojects, and names and phone numbers of persons you ca:v.,. i or varl( Jss-, z4ro Rhout the project. We uM1 that access is a very important issue to property owners. We will work closely with you so that if the projects are ordered, your business disruption will be as minimal as possible. Please feel free to contact • Scott Brink, City Engineer., at 569-3340, with any questions you may have about. this. 6301 Shingle Creek Pkwy, Brooklyn Venter, MN 55430-2199 • City Hall & TDD Number (612) 569-3300 Recreation and Community Center Phone & TDD Number (612) 569-3400 9 FAX (612) 569-3494 An Affirmative Action /Equal Opportunities Employer Additional Information About the Proposed Assessments If the Council adopts the proposed special assessments, i 0 BILL WILL BE SENT. This letter is your notice. You will not receive any further information regarding assessments, unless the Council makes a change to the proposed assessments at the public hearing. Call the Construction Hotline, 569-3421, to hear the results of the hearings. You have the following payment options: Paying in full between April 28 and November 30,1998: I. You may pay the total special assessment in full, without interest, within 30 days of its adoption (any time between April 28 and May 27, 19981. 2. From April 28 through November 30, 1998, you may pay the total assessment, with interest calculated from June 1, 1998, to the date of payment. The interest rate is 6.5%. Very Important! E=S_Q ontast th�A �r',s office aT. 569 10 f6r__"ayQff balance If you choose to pay your assessment in full, you may do so in person or by mail. Please make checks payable to "City of Brooklyn Center." If paying by mail, enclose a note stating that this is a payment of a special assessment, and the address of the property. Mail your payment to, or make payment in person at, the City Assessor's Office. Paying in installments with your property taxes, starting in 1999: I . You may choose to make payments with your property taxes over a 10 year period, at 6.5% interest. If you wish this payment option, you do not have to do anything—if the assessment is not paid in full by November 30, 1998, it automatically "rolls over" to your taxes. The first payment will be due with your taxes in 1999. 2. If at some point in the future you wish to pay off the balance of your special assessment, you may do so prior to November 15 of any year. Please contact the Assessor's office at 569-3310 for a payoff balance. Partial payments: We cannot accept any partial prepayments of assessments (for example, half now, half later). Finally, if you have any questions regarding the amount of this assessment, please contact the City Engineering Office at 569-3340. If you have any questions regarding paymeA4 please contact the City Assessor's Office at 569-3310. IMPORTANT NOTE: refer to the notice of public hearing for information regarding assistance for persons with disabilities who wish to attend the hearing and have special needs. We look forward to seeing you at the public hearing on Monday, April 27, 1998 at 7 p.m. Sincerely, Scott Brink, P. CITY ENGINEER NOTICE OF PUBLIC HEARING • ON PROPOSED IMPROVEMENTS AND NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Brooklyn Center will meet .in the Council Chambers of Brooklyn Center City Hall, 6301 Shingle Creek Parkway at 7:00 p.m. or as soon thereafter as the matter may be heard, April 27, 1998 for a public hearing on each of the following proposed improvements and pass upon all objections, if any, to the proposed assessments for the following improvements: Description: Street reconstruction including regrading, base preparation, repair of damaged curb and gutter and driveway aprons, repair of manholes and catch basins, bituminous paving, and boulevard restoration. Location 1: PROJECT 1998-07: The area proposed to be assessed includes all properties abutting 68th Avenue North from Brooklyn Boulevard to Lee Avenue North and Lee Avenue North from 68th Avenue North to 69th Avenue North. The estimated cost of the project is 281,200. The amount proposed to be assessed is $196,858. Location 2: PROJECT 1998-18: The area proposed to be assessed includes all properties abutting John Martin Drive from Shingle Creek Parkway to T.H. 100. The estimated cost of the project is $184,517. The amount proposed to be assessed is $129,162. Location 3: PROJECT 1998-19: The area proposed to be assessed includes all properties abutting James Avenue North from Freeway Boulevard to 67th Avenue North and 67th Avenue North from the circle east of James Avenue North to Shingle Creek Parkway. The estimated cost of the project is $215,600. The amount proposed to be assessed is $150,968. The Council proposes to proceed under the authority granted by Minnesota Statutes, Section 429.011 to 429. 111. Persons who desire to be heard with reference to the proposed improvements will be heard at this meeting. PROCEDURAL INFORMATION FOR OBJECTIONS TO SPECIAL ASSESSMENTS An owner may appeal an assessment to district court pursuant to Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has filed a written objection to that assessment, signed by the affected property owner, with the City Clerk prior to the hearing or has presented such a written objection to the presiding officer at the hearing. • These assessments are now on file at City Hall and open to public inspection. Written or oral objections to the proposed assessments will be considered at this meeting, but the City Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. AUXILIARY AIDS AVAILABLE UPON REQUEST Auxiliary aids for persons with disabilities are available upon request at least 96 hours (4 days) in advance of the hearing. Please contact the City Clerk at 569 -3300 to make arrangements. Published in Brooklyn Center Post, April 8 and April 15, 1998 /s/ Sharon Knutson, City Clerk • Jill C f U .7 of Brooklyn C enter VAN .4 'great place to start. A great place to s 5 toy. A 6301 SHIN GLE ORTFE K PITWY BROOKI-nNCENT MI.-NINIESOTA55430 E.7VG)7V, 569-3,3--6 FA-',Y'.- 569--_3494 VE A, 1 V 21 Ft Y* BIL VD, '10 tu 1, '"t "E IV 67TII A E, TH M;LE CREEK PAR.-TOTAIV TO A 'ETT NO T_11 . 1998 N T P b"I" I i'VIL, 1 19 Aslawch hereby cei­.6,¢y at fb'U;o repenlrt 'by ir was prepared I .-- supervision, and 1h -1 dl 's 64 "I'y Regisft�re'd 0 ProfessionalEnginel-r undez the I.-w-s ofthe State- v­j^_Wr.rw.sl Ref _No, 1 7657 Scoz't,ilrin,k City Engineer Alarch 1, 1998 Feasibility')�e'po`rt' James A venue and 6 7t I h � Ave I nue Page 1 0 TIER VIEW(see Figure 1) Z:) The proposed project includes roadway improvements and utility adjustments for 67t Avenue North between Shingle Creek Parkway and James Avenue North, and James Avenue North between Freeway Boulevard and 67th Avenue North. When selecting specific streets for improvements, the City conducts a comprehensive Citywide evaluation of the entire infrastructure system. This includes streets, storm drains, sanitary sewers, and water distribution pipes. Because Brooklyn Center is considered an older "first ring" suburb, much of this infrastructure is reaching the age and condition where much of it needs to be rehabilitated or replaced. The overall condition of the streets James Avenue and 67th Avenue in this area are aging and increasingly deteriorating in condition. This is typical of streets in commercial and industrial areas where significant amounts of heavier vehicles and traffic volumes utilize the streets. When streets reach an age and condition where routine maintenance.can no longer maintain the quality and serviceability of the roadway, rehabilitation then becomes a recommended action. Generally, it is proposed to remove and replace the asphalt surface and base of the roadway. The streets already have concrete curb and gutter, and it is proposed to replace only those portions of the curb and gutter that have deteriorated or settled. Some adjustments to existing utilities are expected, such as new hydrants, replacement of leaky valves and the rehabilitation and installation of some new catch basins. Overall however, the existing underground utilities are in good condition and no major replacement expenditures are anticipated. This report was prepared in accordance with previous direction of the City Council and that staff would solicit public comment. The project was previously initiated by the City Council in August of 1997, and information letters and surveys have been sent to the appropriate property owners. I­ IV %_Yl OiSED IMPR 0 VEMENTS' STREETS All of the streets in the proposed project area serve an industrial and commercial area. Among the businesses directly served by these two streets are Medtronic, Hoffman Engineering, Johnson Controls, Hiawatha Rubber and several other businesses. The streets are 40 feet in width, and the total length of both streets combined is nearly 2,000 feet. Both streets are constructed with concrete curb and gutter, along with an existing bituminous pavement thickness that varies from 3-1/2 - 6 inches. The typical service life of a street with proper maintenance is 20-30 years. These streets were constructed in 1970, and are aging and showing fatigue and distress, particularly as a result of the heavier vehicles that utilize these streets. Heavy amounts of longitudinal and block cracking, raveling, and alligatoring have led to large amounts of skin patching and pothole repairs. The City's Pavement Management Program indicates that it is no longer cost-effective to routinely maintain these streets (i.e., patch and sealcoat). Complete reconstruction of the bituminous surface is recommended. • Feasibility Report James Avenue and 67th Avenue Page 2 It is proposed to reconstruct the bituminous pavement of both of these streets. Generally, the existing concrete curb and gutter is in good condition with the exception of some segments. Therefore, most of the existing concrete curb and gutter would remain in place, with replacement of some selected segments. Partial replacement of some concrete driveway aprons is anticipated as part of this project. Because of the excessive wear and use of the roadwav over the years, the center crown of the roadway has settled; thus resulting in a very flat cross section that inhibits good drainage and promotes further C� 0 deterioration of the roadway. It is proposed to remove and re-use(recycle) much of the existing C� bituminous pavement to provide additional base for the new bituminous surface, and build up, or reconstruct the roadway crown, as needed. Because most of the existing curb and gutter would essentially remain, the streets would therefore remain the same width as existing. The bituminous pavement would also be designed and constructed to provide for the heavier traffic, or a 9-ton axle weight design load. This is the typical design utilized for collector streets, or streets with higher volumes and heavier vehicles. Surveys have been sent to adjacent property owners regarding the proposed work. Comments have been expressed with some concerns regarding the maintaining of traffic while the construction is occurring. The maintaining of traffic during construction is not anticipated to be a significant problem, largely because of the relatively small amount of underground utility work, that is anticipated, and explained further in this report. In addition, there are no sidewalks or trails along these streets, and none are proposed. STORM DRAINAGE The existing storm sewer system in the project area has been inspected and found to be in relatively good condition. However, several of the catch basins and castings are aging and in need of either rehabilitation or replacement. Survey results received from property owners have indicated only isolated incidents of standing water and/or poor drainage problems after heavy rainfalls. It is expected that the re-establishment of the roadway crown and the replacement of deteriorated or settled curb and gutter segments will alleviate localized incidents of poor drainage in the street itself. All storm sewer construction costs would be paid for from the storm sewer utility fund. SANITARY SEWERS James Avenue is served by an 8 inch diameter clay pipe sewer. Properties on 67th Avenue, west of James are served either from James Avenue, or Shingle Creek Parkway. Televised inspections of the sewer pipes and services show that the lines are in relatively good condition. This could in part be attributed to the fact that there are very few trees within the roadway boulevard area, and root infiltration of the lines is not as prevalent as seen in many of the residential neighborhood areas. Surveys received from property owners do not appear to indicate any problems as well. As final design of the project progresses, any problem areas will be identified and corrected accordingly. Any costs associated with repair of the sanitary sewer lines would be paid from the sanitary sewer utility fund. Feasibility Report James Avenue and 67th Avenue Page 3 WAIER M AM The water distribution system for these particular streets was installed in 1970, and is in relatively good condition. Maintenance records do not appear to indicate any significant history of problems as well. Therefore, no major replacements are anticipated. Known problem locations, leaky valves, and aging hydrants would be replaced however as part of this work. All costs associated with any repairs to the water distribution system would be paid from the water utility fund. ESTIMATED COSTS AND FUNDING CONSIDERATIONS Costs and Funding for Strut I sunrovu=ls The estimated cost for roadway improvements for James Avenue North and 67th Avenue North Avenue North is $201,157. No street light or sidewalk work are proposed as part of the project. It is proposed to levy special assessments for street improvements in accordance with the rates adopted by the City's current policy. The City's policy for streets in commercial and industrial zoned areas is that 70 percent of the cost of street improvements is assessed to the property owners, and 3 )0 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area(square footage) of properties benefitting from the improvement, we have calculated a preliminary assessment (attached). The roll shows proposed assessments for all properties in the project area. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), the "A Zone", and the total square footage of the property minus the "A Zone", or the "B Zone." These square footages are then multiplied by a unit cost rate, with the "A Zone", or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." Where substantial new drainage improvements occur, the City's policy is to assess beriefitting property owners a portion of that cost as well. However, because substantial drainage improvements to the proposed streets are not anticipated (other than some replacements and/or adjustments to the existing structures), any costs associated with storm sewer can be paid from the storm drainage utility. An amount of $6,897 has therefore been included in the project cost to cover storm sewer appurtenance replacements and/or adjustments. As previously stated in this report, any costs for repair or adjustments to the sanitary sewer and water distribution systems would be paid from their respective utility funds. The estimated costs are $5,028 for sanitary sewer repairs, and $2,586 for water main repairs. As a result, the total estimated project cost is $215,668, Feasibility Report James Avenue and 67th Avenue Page 4 Recammendf.d 1998 Proiect Schedule • March 9 City Council receives feasibility report and calls for public hearing April 27 Public Hearing and Special Assessment Hearing; City Council may authorize the project, order or approve plans and specifications, and authorize Ad for Bids May 6 First date of advertisements in Post and Construction Bulletin May 27 Bid opening June 8 City Council awards contract June 12 Preconstruction conference June 15 Start construction August 8 Substantial completion The overall condition of the City's infrastructure system (streets, sewers, utilities) is critical to the safety, welfare, and economic health of the entire City. As a result of the infrastructure needs, proposed • solutions, and estimated costs described in this report, the proposed project is necessary, cost effective, a f/asible. Scott Brink City Engineer Reg. No. 17657 Feasibility Report James Avenue and 67th Avenue Page 5 1 P-5 r-' . � III ail 11 � �-- m r r I�t�[� (�.��t1 r tl �__I__�_L.l_) F� -� � - _ ELEULT AT - aq Mr I FFV!i T w w cc [Rat M Fff Run TM A -dd - ; I 1 ' �� t 1 1 � t� I. .� I)atdtlU �_ _ - - N = .. R � - - 1 1 1 �- '�'-7! DUPfNi AiT: N}.- � �- _ - _ S Wilff I Iff •> 7�r-� {r-j7�-{' }� -"'jj —� - Ki - �I 1 1 I 1 + � � - � rtStNA � +E �� N L� ` � � � � - iiT�- - 30 } dt - N C � I �� /K �1� t_ I t 1 (,�t._� -,. {BCD r' ��! 4 a j } -0 3AY qq"131 -Vy TMIS 111G"-f Tr r .,. u `- �_ �� �` � � _i_t_.t HM ��� IL _4ffi j F -- 1 u- - Itl [- If -11177 H T lo A c Cie -40 WPM rS AYE. N. M - 311 I'll �T�m gas" w I lo, ����� �� - - r - � ____ c � ��., �,„• . � �„ ��" �a Liss jg� LL F R UE ff T P FY 4 \ �� _ :� i ce _� t Ja FftEFI'A_Y_ � �� © y� ~ � ( ��� - S � - 11J � I I t 1 ! 1 � I 1 �J,_ _ -.._., -i' g , ' _ 7ff5 YE. N — � � � � J 'N N '30 it � Yool rt A� � �t�l r -� - - _ = z MTW 1'N i SPT�et1 • IJ AVENUES COSTS & FUNDING CONSIDEIRATIONS IMPROVEMENT PROJECT 1998 --19 FEASIBILITY SUMMARY 315198 ESTIMATEI9'EXPENDITURE STREET SANITARY WATERMAIN STORM ESTIMATED SEWER SEWER TOTAL ESTIMATED CONSTRUCTION COST $ 174,995.00 $ 4,375.00 $ 2,250.00 $ 6,000.00 $ 187,620.00 CONTINGENCY (10 %©) $ 17,500.00 $ 437.00 $ 225.00 $ . 600.00 $ 18,762.00 I SUBTOTAL CONSTRUCTION COST $ 192,495.00 $ 4,812.00 $ 2,475.00 $ 6,600.00 $ 206,382.00 ADMIN, ENG., LEGAL (4.5 %) $ 8,662.00 $ 216.00 $ 111.00 $ 297.00 $ 9,286.00 REFORESTATION STREET LIGHTS TOTAL ESTIMATED PROJECT COST (FEASIBILITY) $. 201,157.00 $. 6,028:00 $ 2,586.00 $ 6.897.00 $ 215,668.00 (ESTIMATED REVENUE COMMERCIAL ASSESSMENT $ J50 968.00 :. { $ 150,968.00 f SANITARY SEWER FUND $ 6;028 00 $ 5,028:00 WATER FUND 2.6$6:00 STORM DRAINAGE. UTILITY FUND $ 6,897:00 $: 6,897.00 LOCAL STATE AID: : 50,1$9 04 $ 50,188:04 $ 201,157:00 $ 5,a ?8.40' $ 2, 8si:00 `$ 215;668.00 TOTAL EST REVENUE (FEASIBILITY ); P - . O(4 6 .� E:\ENG\PROJECT\98PROJ1INDCOMUAMES671XFEASBYDIV Page 1 IMPROVEMENT PROJECT NO. 1996 -04 JAMES /67TH AVE, PAVEMENT REPLACEMENT ESTIMATED SPECIAL ASSESSMENTS ESTIMATED PROJECT COST = $ 215,668 70% ASSESSED= $ 150,968 A ZONE = 646,217SF @ $ 0.1635 / SF (70% of total) B ZONE = 695,417 SF @ $ 0.0651 / SF (30% of total) Total Area PROPOSED A ZONE B ZONE PID# ADDRESS ASSESSMENT AREA . AREA 35- 119 -21 -11 -0012 1600 67th Ave 369,911 $30,389.15 64,000 305,911 35- 119 -21 -11 -0013 1700 67th Ave 170,058 $16,831.20 61,800 103,258 35- 119 -21 -12 -0005 6700 Shingle Creek Parkway 156,424 $8,720.33 34,000 48,524 35- 119 -21 -14 -0002 2100 67th Ave 51,836 $8,476.88 51,836 35- 119 -21 -14 -0003 6530 James Ave 279,655 $27,716.32 96,488 183,294 35- 119 -21 -14 -0005 1801 67th Ave 60,112 $9,830.28 60,112 35- 119 -21 -14 -0006 6660 Shingle Creek Parkway 90,604 $4,645.64 28,408 35- 119 -21 -14 -0007 6540 Shingle Creek Parkway 93,218 $7,394.08 40,000 13,094 - 35- 119 -21 -14 -0008 1800 Freeway Blvd 320,601 $15,455.31 94,509 35- 119 -21 -14 -0011 1600 Freeway Blvd 255,261 $8,013.10 49,000 35- 119 -21 -14 -0014 1601 67th Ave 107,400 $13,495.71 66,064 41,336 TOTAL PRELIMINARY ASSESSMENTS 1,955,080 $150,968.00 646,217 695,417 e:\eng\project198project\9604asse.xis January 22, 1998 Dear Property Owner: Brooklyn Center will soon be in the fifth year of its twenty-year program to improve streets, utilities and storm drainage throughout the City. At this time, the City is performing preliminary engineering survey work to determine the feasibility of reconstructing certain streets and utilities that serve a particular property that you own in the City, with the intent to perform street reconstruction and utility work in 1998. Development of a preliminary feasibility study does not mean that an improvement project has been approved, or necessarily will be approved. The study is intended to look into the street and infrastructure needs in more detail, to make better cost estimates, and review the possibility of improvements with property owners. All of this information is then brought back to the City Council, which will then decide if an improvement project is warranted. If the Council takes that next step, it will coil-duct a public hearing on the matter. I have enclosed a map of the City showing the location of specific streets being considered for reconstruction. Our records indicate that you are the owner of property bordering or being at least partially served from at least one of the streets highlighted on the map. This letter is to inform you that (1) an improvement project is being considered for a street serving your property in 1998; (2) you may notice City survey crews and private sewer televising crews working to gather information about existing street grades and conditions of utilities; (3) special assessments would be levied against benefitting properties; and (4) when we complete the gathering of data and cost determinations, a public hearing will be held, later this spring. All property owners with affected properties in the proposed project areas will receive a Notice of Public Hearing letter seven to ten days before any public hearing is scheduled. Proposed project areas for 1998 include John Martin Drive, James Avenue and 67th Avenue, and Lee Avenue and 68th Avenue(see attached map). Why Your Street? When selecting specific streets for improvements, the City conducts a comprehensive Citywide evaluation of the entire infrastructure system. This includes streets, storm drains, sanitary sewers, and water distribution pipes. Because Brooklyn Center is considered an older "first ring" suburb, much of this infrastructure is reaching the age and condition where much of it needs to be rehabilitated or replaced. The overall condition of the infrastructure(particularly the street), serving your property is falling into a deteriorating condition. This is typical of streets in commercial and industrial areas where significant amounts of heavier vehicles and traffic utilize the streets. In addition, the City utilizes a Pavement Management Program (PMP) to assist in prioritizing and scheduling streets for reconstruction. The PMP is a computer program which analyzes surface and subsurface information about streets and predicts how much longer the pavement will last. When streets typically reach an age and condition where routine maintenance can no longer maintain the quality and serviceability of the roadway, rehabilitation then becomes a recommended action. The result is that we are looking at rehabilitating or reconstructing the streets serving the industrial and commercial property areas as shown on the map, adding storm sewer where necessary, and repairing water and sanitary sewer mains where necessary. Rehabilitation of the street itself would likely involve removal and replacement of the existing bituminous pavement, and the repair and replacement of concrete curb and gutter as needed, Financing If an improvement project is approved for your street, it would be funded in part by special assessments. The City's policy for commercial and industrial zoned properties is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. Based upon preliminary construction cost estimates and the area(square footage) of properties beriefitting from the improvement, we have calculated a preliminary assessment (attached). The roll shows estimated assessments for all properties in the project area, including your particular property or properties. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), and the total square footage of the property. These square footages are then multiplied by a unit cost rate, with the "A Zone", or that part of the property which is closest to the street assessed at a higher rate than the "B Zone. However, these figures are only preliminary at this time, and more detailed information will be provided prior to the public heating. At this time, we anticipate the City Council would hold a public hearing late in March or early in April, 1998. Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, at this time, we do not anticipate any substantial drainage improvements to the proposed streets, other than some replacements and/or adjustments to the existing storm sewer system. Some minor repairs and adjustments to the existing water main and sanitary sewer systems would also be performed as part of the project. However, any costs incurred to repair sanitary sewer and water facilities would be paid for by available utility funds, and would not be assessed to property owners. Again, more detailed and specific numbers regarding assessments and the • proposed improvement work will be provided to you prior to the public hearing. In order to provide an accurate and comprehensive assessment of the neighborhood's needs, your input and suggestions is valuable and needed. We have therefore included a survey that should only take a few minutes to fill out and send back to us. We request that the survey be returned by February 13, 1998. Your input is appreciated. In the meantime, if you have any questions or comments, please don't hesitate to call us in the Engineering Division at 569-3340. Aside from improving the infrastructure, we're always looking for good ideas to improve the general appearance of our streets and boulevard areas, and would welcome your suggestions. Sincerely, j / A Scott Brink, P. E. City Engineer cc: Mayor Myrna Kragness, Council Members, City Manager SURVEY • This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998, You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. �,//�� Sclott Brink, City Engineer I. Our, sewer televising typically shows a number of sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or flooding in the streets or your property after heavy rainfalls? I Are you aware of any problems relating to the water distribution system? 4. Mat other concerns do you have? Are there traffic problems? Specific code enforcement needs Do you have any ideas for general improvements, both for your street or the City in general? Should you have questions or need more information, please contact the engineering department at 569-3340. Your name: Address: Please return by February 13, 1998 to: • Engineering Department City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 IL � 2, 1 1-4i L I Q, 1� a L �� � ` _ !+ it I� f��L_ =' L JAME&AN 101JIMM �� �� r,�- -� ��_ o --' �� _ � :� � i �� � F 11— 1 L L kA Jo M RTI' DO on MET N 1� *1, � L � JLF � I , M IT L IL � j �� ;re,�,T LIL C ITY OF BROOKLYN CENTER I PROPOSED STREET REHAB —1898 INDUSTRIAUCOMMERCIAL STREETS • 0 0 IMPROVEMENT PROJECT NO. 1996 -04 JAMES /67TH AVE, PAVEMENT REPLACEMENT ESTIMATED SPECIAL ASSESSMENTS ESTIMATED PROJECT COST = $187,500 70% ASSESSED = $131,250 A ZONE = 646,217SF @ $0.1422 / SF (70% of total) B ZONE = 695,417 SF @ $0.0566 / SF (30% of total) Total Area PROPOSED A ZONE B ZONE DRESS ASSESSMENT AREA AREA 35- 119 -21 -11 -0012 1600 67th Ave 369,911 $26,420.01 64,000 305,911 35- 119 -21 -11 -0013 1700 67th Ave 170,058 $14,632.87 61,800 103,258 35- 119 -21 -12 -0005 6700 Shingle Creek Parkway 156,424 $7,581.37 34,000 48,524 35- 119 -21- 140002 2100 67th Ave 51,836 $7,369.71 51,836 35- 119 -21 -14 -0003 6530 James Ave 279,655 $24,096.28 96,488 183,294 35- 119 -21 -14 -0005 1801 67th Ave 60,112 $8,546.34 60,112 35- 119 -21 -14 -0006 6660 Shingle Creek Parkway 90,604 $4,038.87 28,408 35- 119 -21 -14 -0007 6540 Shingle Creek Parkway 93,218 $6,428.34 40,000 13,094 35- 119 -21 -14 -0008 1800 Freeway Blvd 320,601 $13,436.69 94,509 35- 119 -21 -14 -0011 1600 Freeway Blvd 255,261 $6,966.51 49,000 35- 119 -21 -14 -0014 1601 67th Ave 107,400 $11,733.03 66,064 41,336 TOTAL PRELIMINARY ASSESSMENTS 1,955,080 $131,250.00 646,217 695,417 e: \eng \project \98project \9604asse.xls January 22, 1998 Dear Property Owner: Brooklyn Center will soon be in the fifth year of its twenty-year program to improve streets, utilities and storm drainage -throughout the City. At this time, Z:) the City is performing preliminary engineering survey work to determine the feasibility of reconstructing certain streets and utilities that serve a 0 particular property that you own in the City, with the intent to perform street reconstruction and utility work in 1998. Development of a preliminary feasibility study does not mean that an improvement project has been approved, or necessarily will be approved. The study is intended to look into the street and infrastructure needs in more detail, to make better cost estimates, and review the possibility of improvements with property owners. All of this information is then brought back to the City Council, which will then decide if an improvement project is warranted. If the Council takes that next step, it will conduct a public hearing on the matter. I have enclosed a map of the City showing the location of specific streets being considered for reconstruction. Our records indicate that you ZD are the owner of property bordering or being at least partially served from at least one of the streets highlighted on the map. This letter is to inform you that (1) an improvement project is being considered for a street serving your property in 1998; (2) you may notice City survey crews and private sewer televising crews working to gather information about existing street grades and conditions of utilities; (3) special • assessments would be levied against beriefitting properties; and (4) when we complete the gathering of data and cost determinations, a public hearing will be held, later this spring. All property owners with 0 Z:� affected properties in the proposed project areas will receive a Notice of Public Hearing letter seven to ten days before any public hearing is scheduled. Proposed project areas for 1998 include John Martin Drive, James Avenue and 67th Avenue, and Lee Avenue and 68th Avenue(see attached map). Why Your Street? When selecting specific streets for improvements, the City conducts a comprehensive Citywide evaluation of the entire infrastructure system. This includes streets, storm drains, sanitary sewers, and water distribution pipes. Because Brooklyn Center is considered an older "first ring" suburb, much of this infrastructure is reaching the age and condition where much of it needs to be rehabilitated or replaced. The overall condition of the infrastructure(particularly the street), serving your property is falling into a deteriorating condition. This is typical of streets in commercial and industrial areas where significant amounts of heavier vehicles and traffic utilize the streets. In addition, the City utilizes a Pavement Management Program (PMP) to assist in prioritizing and scheduling streets for reconstruction. The PMP is a computer program which analyzes surface and subsurface information about streets and predicts how much longer the pavement will last. When streets typically reach an age and condition where routine maintenance can no longer maintain the quality and serviceability of the roadway, rehabilitation then becomes a recommended action. The result is that we are looking at rehabilitating or reconstructing the streets serving the industrial and commercial property areas as shown on the map, adding storm sewer where necessary, and repairing water and sanitary sewer mains where necessary. Rehabilitation of the street itself would likely involve removal and replacement of the existing bituminous pavement, and the repair and replacement of concrete curb and gutter as needed. • Financing If an improvement project is approved for your street, it would be funded in part by special assessments. The City's policy for commercial and industrial zoned properties is that 70 percent of the- cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds, Based upon preliminary construction cost estimates and the area(square footage) of properties beriefitting from the improvement, we have calculated a preliminary assessment (attached) The roll shows estimated assessments for all properties in the project area, including your particular property or properties. The amount is based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), and the total square footage of the property. These square footages are then multiplied by a unit cost rate, with the "A Zone", or that part of the property which is closest to the street assessed at a higher rate than the "B Zone." However, these cures are only preliminary at this time, and more detailed information will be provided prior to the 0 P hearing. At this time, we anticipate the City Council would hold a public hearing late in March or early in April, 1998. Where substantial new drainage improvements occur, the City's policy is to assess benefitting property owners a portion of that cost as well. However, at this time, we do not anticipate any substantial drainage improvements to the proposed streets, other than some replacements and/or adjustments to the existing storm sewer system. Some minor repairs and adjustments to the existing water main and sanitary sewer systems would also be performed as part of the project. However, any costs incurred to repair sanitary sewer and water facilities would be paid for by available utility funds, and would not be assessed to property owners. Again, more detailed and specific numbers regarding assessments and the proposed improvement work will be provided to you prior to the public hearing. In order to provide an accurate and comprehensive assessment of the neighborhood's needs, your input and suggestions is valuable and needed. We have therefore included a survey that should only take a few minutes to fill out and send back to us. We request that the survey be returned by February 13, 1998. Your input is appreciated. In the meantime, if you have any questions or comments, please don't hesitate to call us in the Engineering Division at 569-3340. Aside from improving the infrastructure, we're always looking for good ideas to improve the general appearance of our streets and boulevard areas, and would welcome your suggestions. Sincerely, Z / / 41 1V Scott Brink, P. E. City Engineer cc: Mayor Myrna Kragness, Council Members, City Manager SURVEY This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998. You may also call us at 569- D I 40 to talk about these issues. Thank you for your cooperati ion. .01 Son Brink, City Engine--r 1. Our sewer televising iypically shows a number of sanitary sewer services with moderate to severe root infiltration, Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have 6 boulevard trees near your service? 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or 0 co flooding in the streets or your property after heavy rainfalls? 3. Are you aware of any problems relating to the water distribution system? 4. What other concerns do you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in general? Should you have questions or need more information, please contact the enc,,ineering department at 569-3340. Your name: Address: Please return by February 13, 1998 to: Engineering Department City of Brooklyn Center 6301 Shingle Creel, Pkwy Brooklyn Center, MN 55430 SURVEY This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998. You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. S ott Brink, City Engineer Y. Our sewer televising typically shows a number of sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service? 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or flooding in the streets or your property after heavy rainfalls? 3. Are you aware of any problems relating to the water distribution system? 4. Mat other concerns do you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in genera 9 A, kj Should you have questions or need more information, please contact the engineering department at 569-3340. Your name: 0 0 —.4f / Iq Address: t' t �4 Please return by February 13, 1998 to: Engineering Department City of Brooklyn Center 6301 Shinzle Creek Pkwy Brooklyn Center, MN 55430 SURVEY This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998. You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. SJott Brink, City Engineer 1. Our sewer televising typically shows a number of sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to the street? How often? Do you have boulevard trees near your service 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with ponding water or flooding in the streets or your property after heavy rainfalls L) F F-Y I 7 VI rk-9 7 C &G'i L L S7'1)N-o / /z/ IW6 11 3. Are you aware of any problems relating to the water distribution system? • 4. What other concerns do you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in general? 12 F- /YL 0 V tgLfflL Y- 4 zn� Does)ut7 C-a Should you have questions, or need more information, please contact the engineering department at 569-3340. 17 PR6 Your name: T A) 0 7` 5 F FFIV S 0- 3 - 3 17 Address: I - t 13f 6 ox /L; ci: Please return by February 13, 1998 to: • Engineering Department City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 SURVEY This survey will help us better understand conditions and needs regarding the infrastructure serving your property. Please return this survey by February 13, 1998. You may also call us at 569-3340 to talk about these issues. Thank you for your cooperation. ���,� � �fl� Sclott Brink, City Engineer 1. Our sewer televising typically shows a number of sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as having the service cleaned out to e street? How often? Do you have boulevard trees near your service 2. Do you have any comments regarding drainage or the storm sewer system? Are there any problems with pondin water or flooding in the streets or your property after heavy rainfalls? C: -� 5 6'� C. �)4t -ctcl C/;-T a4/r i C74 il '-ty A S 44 4 c/iie >I,4t' J IL le" e ' L-r I / - V 'll. 3. Are you aware of any problems relating to the water distribution system? 4. What other concerns do you have? Are there traffic problems? Specific code enforcement needs? Do you have any ideas for general improvements, both for your street or the City in general? )VO/Le' Should you have questions or need more information, please contact the engineering department at 569-3340. Your name: (.ilk cvj'-� '5� Pc f Address: -A Please return by February 13, 1998 to: Engineering Department City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 City Council Agenda Item No. 8a April 27, 1998 i • MEMORANDUM To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialist•• Date: April 22, 1998 Subject: Planning Commission Application No. 98006 Submitted By Budget Car and Truck Rental On the April 27, 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 to include trucks and to also expand the location for inventory on the site. This matter was tabled by the City Council on April 13, 1998, with the City Manager directed to contact the new owner of Brookdale regarding his opinion relating to the Budget Rental proposal. Jim Schlesinger of Talisman Companies, owner and operator of Brookdale, has contacted Brad ® Hoffman noting his company's support for Budget's continued operation provided there are no more than 15 trucks parked in the lot, that the location of the parking be outside of the mall perimeter road and further that the car and truck rental activity be allowed only through December 31, 1998. He explains that during that time they will try to work with Budget, Sears and the City to develop acceptable permanent plans for the operation. (See 4/15/98 memo attached.) As you are aware, the Planning Commission has recommended against the expansion of this operation at this time based on a conflict or inconsistency with Standard E of the standards for special use permits contained in the City's zoning ordinance. This recommended denial is premised on the fact that Brookdale Shopping Center, as a whole, is deficient in parking based on the requirements of the ordinance and, therefore, unable at this time to expand it's operation in a manner which would require additional parking on the site. The Commission is not necessarily opposed to having such an expansion if it is done and justified in conjunction with the overall expansion and upgrading of Brookdale. This would allow such a use to be accommodated appropriately with the redevelopment of the complex when parking considerations are reviewed in the overall context of the redevelopment plan. Their recommendation is also based on the precedent established with respect to allowing car and truck rental operations in similar situations only when there is a surplus of parking which would accommodate the need to house such vehicles on a commercial lot. They did not object to the idea of having truck rental as part of the overall vehicle rental operation provided the storage of such vehicles and inventory would be • limited to the area already approved under the previously granted special use permit. • It is also questionable whether or not the special use permit for the expansion could be granted on a temporary basis when, in effect. any expansion of the truck rental operation should be allowed on the basis of current compliance with city ordinances and the standards for special use permits. Granting such a special use permit amendment is really granting a property right to the applicant to use the property in the manner approved. A time consideration without an ordinance related reason may well be an inappropriate condition placed on the applicant and, therefore, non - defendable. The fact that an owner of property, such as Sears or Brookdale in this case, does not object to the use of their property is not, in and of itself, a reason to approve a Special Use Permit amendment without a finding of compliance with the Standards for Special Use Permits and other related ordinance provisions. The appropriate time to consider the Budget Car and Trick Rental proposal for the expansion of their operation would be when Brookdale itself is redeveloped, possibly through the Planned Unit Development process. It is recommended that the City Council adopt the Planning Commission's recommendation, which is: First to deny 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, 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." • TALISMAN COMPANIES, L.L.C. 1 COMMERCIAL DEVELOPMENT, LEASING & MANAGEMENT' Memorandum To: Mr. Brad Hoff n f Brooklyn Center From: Jim Schlesinger Date: April 15, 1998 Re: Budget Car and Tel tal As the owner and operator of Brookdale Mall, Talisman Companies is in full support of Budget Car and Truck Rentals continued operation at the mall. Budget's method of operation, provided there are no more than 15 trucks parked in the lot outside of the mall perimeter road and far removed from the main activity of the mall, is acceptable to my company. Budget is eager to work with us in the formulation of future plans for the mall. Therefore we are not opposed to Budgets continued car and truck rental activity until 12- 31 -98. During the interim we will work with Budget and Sears to develop permanent plans for the storage and housing of cars and trucks at the mall. Should plans not be formulated that are acceptable to Talisman, Budget, Sears and the City, the use should be discontinued. 1500 SAN REMO AVENUE. SUITE 135 - CORAL CHARLES. FLORIDA 33146 - (305) 662 -4559 - Fcx (305) 662 -9o16 MEN10 To: Michael J. McCauley, City Manager From. Ronald A. Warren, Planning and Zoning Specia ist �J 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, par'.tiing on the site based on the Vrounds that Standard E of Section 35 - is not met: and second. to recommend that the City Council amend Condition No. ? 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 shail be confined to the area under the canot,y." It is recem-mnended that the City Council. followi::g consideration of this matter, accept the Planning Commission's recommendation. .Aaeiication riled on 3- 1`' -93 City Council Action Should ® Be Taken bv 5-11-98 (60 Days) Planning Commission Information Sheet Application No. 98006 Applicant: Budget Car and Truck Rental Location: 1299 Brookdale Center (Sears automotive) Request: Special Use Permit A men d ment The aopiicant. Budget Car and Truck Rental, is seeking an amendment to the special use permit j granted 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 -? 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 or Brookdale Shopping Center and is bounded on the west by Xerxes Avenue and on the east and southeast by T.H. 100. ` Tne City granted Budget Rent -A -Car a special use permit on April 7, 1936, to conduct a car r-mai business at the Sears automotive Center. One or the conditions of chat anoroval was that the storage of Cars for rent be Confined t0 the area under Lhe Canoey. 1 i?e canopy referee ; LO is located at the northerly sICC of :he automotive serJlCe c Culldln?. ..e Cal renal ocerallon , vas Cond= d c'cr.Sist. - , v4irh the Conditions oI apnro`•al u'' ' i _ _ . :.t. 1 1, 9 92 vhen tr :e Cinr beca.-r,e aware or sac!<s heir oft e or lease and be:^, s across cred .he Sears Automotive CCnler. A leLmer %vas Sent t0 judJet advising there :hat the special use did :lot ccmcrenerd:he Storage o tucks for lease ln, the DaL'{?ng lot and that CondiLiOn No. of their approval ilinited the storage of cars for rent to be confined to ail. area udder the cancov. lee :cite- went on t0 note L the reason for li. n car parking to that -articular location %vas b ecause dal JhOpplrl as �r Br00K Q Ce ^ter �� dd.flcie t in terms of par!z 'egL'ired under the CiL-i s ==z ordinance. The letter required comniiarce by September 1, 199?. T..e cotior :s of appealing the order or se-ki ing an amendment to : e special use pe=, it were both offered in the , per A Cn e; e ` :Or CVirL uSS:on . °•vie'.' ;s a Copy of a le g CCnl 1ssion !nfbr riat :on = =i.'r ;Or 1p^llCatiCr. �0. sbi�1 ie ?l"_ Q C=nraission min iteS oI -farce 7 -7. t 986. z e C:- LOUT :C_I u Cr A ^ l 1956. and e !e er -'ated July lU9_. j ud g -.� lie 1 c o and t e t^uc:C re:?ta1 CeaSe�. It late: be?P. ^, again and e C i 7, .,.Cenri or tacted a renr°Senta:iv'° of 3ud_et (DerLnis CConeau) regarding this mar.er. w ' .mo J - - - o_ r_as roposed:c set' an ar er ' ^L al! ow :o o•.v it Lo -xpand their operation *.o nc'.ude t.uc:< • :0 :e :Ouse; 3C705S nie "C°, c'L'. rc d ::01: :r. Sears .�_UIt L i�tl�: °C.�..I.° :. 1: si ould ie �v n0: - 0 r urS r_m0�'1^Z ..-L. _..^:a! carlL Oe Oder L10r: ,L' 1 ap"ir ;S Sti'_ 7eCessa^' sctcia1 uSe = e.- r:11L. Is Mr. Denznls Goneau. on Oehalf of Budget Car an(i Truck Rental, has sucmimt d a 4wT ; ( 1CaCnei7) Sh O%L'1ne7 trie location for the propose d lru& storage and 1P.:Ormatlon as t0 w'nV the • believe their proposal should be allowed based on the standards for special use permit contained in Section 35 -220 of the zonin, 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 per=mits are met. Attached is a copy of Section 35 -220 for the Commissions 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. ML. 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 thev have also developed a strong rental base. Two of their lar¢est 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 Grout) attached). He goes on to point out that they per no repairs or preventive maintenance on any of the veiicles at this location. Parking is limited to cold storage of vehicles prior to rental and possesses no public health or safety concemns. Scand - d B 01 the Special use pennir Standards requlrCs that the Special Use will.not be injurious tL :e us: a_-:a en o- Trent of other Croce:,-_ in the i u-nediaie vicinin f : ^ or the auoses aireadv pe..:�ined. nor substantially diminish and impair proper values within the neighborhood. N Goneau notes what t:he lot used for storage of veHicles is in an area removed from the main mail - izy and is approximately 7 00 tt. from he nearest main enhance to the mail. He adds that the lot is lite: su,:ounded by businesses :hat are motor vesicle oriented and implies that their use should not be iniurous to other uses in t.`ie v cinity nor diminish or impair property values. Standard C rai �q` r° that s the e m Stablisrent o he spe, Ml Use %VI, not Impede the vernal and Orderly de- elot)ment ar_d Inprover ert of s ounding properr✓ for uses CermineC 1n the d1Sir:Ct. .%L. Goneau notes that thev beiie -e the "' u, lI comply with ti'us standard in that then _ L T ha be..ome - 111 ' LiL trio' ceouie 11 , , oved In nur „ ans zcr a raior rC:lovailo 3 �i = � n OI Lr00KCr:e x . Bur et ;$ e %it.� 0 'tie pat of 3rl7o 1 a! e's �i.c�nt, ne `.�,. LT re i heir• :-have nag co 1 : _ nt�c, with tiL. Jaiues Sc :!esi*i_ the new 0«ner C: Broo 3:.' -1 � e l l ca r a . 1 uZC �` e-e u-he Q t aC� ien�ai 0perau0n c'=n be an e:--:a cement to .:eir ^l ns. . ne piars fcr mail - nhan:ce -nei- -s are corceatua at this ir..e. but t:-1ev -, -ant to be ir�-al -ed ;u, Sears and ;:e Brook owners up. The implication is ghat heir �- arming t0 be involved in t:~le retie`: elopme it o Brookdaie should i n ot i11 ode th at ce elccrnent or rl ^•lp men: of other rr�p i.. rove e ies in the dlst::et. `!'nn ,. or ii n eS t: at aCeCu'ate . ^._C:S� eS -ee. .� i ce - a:K,-n to "ro vide :nQreSS. e2reSS _rid park; ng so \::esi2ne a.S t0 i:iirlr l °Tr �C COP.�eStICP: _. tt ? ,'; -_��f, _ 'rl pLL1.0 J. �lr. COreau J _._a: .:er enli: a.r no V:.. _ aCCtJses _o cu: L.CC:) Lm , C:r nr CCJ. 4 J.Ora?e i0!. it 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 :Hain 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 Iong 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 llyfervvn'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 narking based on the current parking requirements contained in the zoning ordinance, which requires - parking spaces per 1,000 sq. ft. of floor area. For this reason, it has been the Ciry's position that no expansion at Brookdale can be allowed without providing additional parking. In cases where the City has granted special use pe , its to allow for car rental or truck rental ocerations. parking has always been a si-am -cant factor and applicants have been required to s how - their operation will not exceed the ordinance required parkin, 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 sunder the canopy at the Sears automotive Center. This condition was imposed because Brookdale was considered deficient in parking. However, when Brookdale was ori,inakly developed, the area under the cazopv was a gasoline service station that has since been abandoned. Bec --use this area was never considered to be an ordinance required parking area, the lozic was that Budget could utilize this particular space , .vithout "aggravating the parking deticiency 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 t111ILi it is important for the Planning C omrrii - :o also look at other auto rental; leasing and :-_ICN rental, Ieasing special use pe.=its that have been 'Jrarited in the past bv the City at locations other than automobile dealerships where such ac:i%, ;tti is considered a normal part of their ope "anon. T he special use permits : ^'''° -� ' t hat C i.i iiu 1nC :' Lde: Tnick rental at the then Brooklyn SL rvice Center, 590 i Brook!vn Boulevard in 1953 tPlannin1 Commission Application No. 33017. The cents i a1 quest;on 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 ti. 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 sur of parkin,, based on ordinance requirements for Northbrook Shopping Center. A limit or 15' cars on the site was imposed. In 1994 the City granted a special use pe:znit 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 bloc; (Planning Commission Application NO. 9 again, as part of tlhe appiication review process. a parkin, analysis for the center was conducted and it was de% = =ned that a surplus of p existed which "yould accommodate the extra ` -ark ng spaces proposed to house auto leasin, :rivenrory on the site. e _ ; i In 1�9 the Cro Council granted a special use permit to %L-. Robert Elledge to have a ::^.lc..% rental operation at his gasoilne service station located at 6840 Hu:Tiboldt Avenue \Or-d'i. which is at the southeast corner of Humboldt and 69th Avenues (Planning COnI,'P.1SSi0n Application No. 9 i 00S). again. a review of parking requirements and site const-aints were unde'tak n -r ;e ap lim r t e... �:� ... eiic:.nl w�.s ,.mi � �O no more u�an f our our triicks berg housed on the proper• and the location ror parting these vehicles was limited to the SOLL Corner CL the Sire th :.e Iarger vehicles being parkin_ closest to the Cast croper-v 1 e. .e' .eyv 0 ; se app:ications lnettU:ng ' e Budget ... Sews wpnl.caaon. sh ows that ,he ^_ S al v looked for comoli.ancC OrQL' =ce reCulr o I k P.Q i0r i`.ulaS as a CcSiS for r;t S�CCi�' �Se p e ;i its 1nv0l%' :P_g �C.< Qr autOri Oblie .C. ^.tal 1C'S1ria proposals. T ;IP1LiP.q e number and sornetirnes the location or . e par!Lng were also raptors in evaluating these ropOSa!S. .� ^ ar ?' : Me ^t Certauuv Can be .%al':e aL the Cum , ^.i proposal ?V the ppliC rit COeS S ai:L:._... - uJ .l') r Ce:i: ; its CZC3.t:S e It QLeS .i0t COnlO r'.:i «itl: t he -- L.. ...:QiiC '�1 .�':.'. l..:Suaa ill z,`'r ., iJ •llCa:e u. - file ^•7r Tyr? �, ✓ar. - � c, ec uirtrnents for �r Tire second area we believe needs to be rev.iev ;c2d is the approprateress of havin =, a very visible truck rental operation as part 0f a regional Sh0cclmy 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 successzill 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 ofAmerica, Southdale, 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 ' might very well be considered injurious to the use and property en of other in the J p 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 BrookdaIe Car Nash, 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 negative visual impact that may well negatively impact on Brookdale overall. On e th other side of the coin, the applicant oints out t � h p tha Stars m�..naa �eme:lt favors t.:e operation and tidal possibly 'Mr. James Schlesinger, the new owner of Brookdale. may not object to having such an operation involved with the oroposed renovated Brookdale. --�,ry expansion of Br0o - dale. which is being contemplated, wiii need to address the ordinance park ng detICIC. ^,C'; preyi0usly noted. This could b e done by providlng rClilp par Seeking a `•a. i ?om, h a ,e pa rking l° realllrerndnis, deco n- iining another COSSiD1v mor ravorable parkin? .t .or .... -_onal m is ti Q Z! .> °.ti • Y ., ..ail Or pl__ �..� :gr00kdal.. r plans tI'u0u�? a �t _ .alined Unit Deve .opm,.nt process that May Seek Wrl approprate COnoi.::irg parkir:g recuire:rient based on any one or a combination of - above factors. This, however. may not be an immediate solution to the applicant request. From a practical smndpoint, the parking of vehdcles on the site will probably r_ot cause a parking shortage for Brookdale or Sears cast0mers. The Planning Com_*rission S ouid evaluate and discuss the : °quest in light ofrhe .actors ores'-nte L ci:ons . !e :0 the Co,,, 1: 1SSi0P. i,. teCCrr� erd approval or :.ie a^ r ar S re ^1 ° t:n :c .� st c: ? the Starda-cS for S eC:ai use CC•'� aS a : :d ac:`now!ddz�n? :he :CC:CrS ^rov,Cl- C%• .n e -• ReCOr: era On e aenlal 0t t: e ap i a ' r r ,� `i , pi C t1CP. aSed th `aC, t at Sta.^d C Car:^Ot be t - -ecause of the ordinance related .CC: Ling deficiency. i ne Co,- mmission c0uld -L C::.° Cn COmpltanCe «ii% B. noting :::at the proposal is i':lunous to T en;eY:�_ent of B. S;,_ocp ng C---ter as a - .a;cr re?ienal mal'_- - • tC '•�'Or:< Ota a n acc raD:e . =7- T o r se that ?l'Ow' B "C' Ct Ca' and �.°.__:.... rL CCSaI. but CF_,.�- :� . ^..°_ :. ..... at �rC ^C?a' S::C as _ �4 sc.et.mng of the t,LIc'- sior.'? Tom public ,.,e'.V '.l'I:1 11 C a broprl t.. opacut scree nin�7 device. • 4. Allow the application to �- foinvard elfin- the need to deal with the parking deficiency, which could be done in the Future by defern'ng this until Brookdale's plans for expansion are pursued. �. A combination of some of the points above or pursuing, the matter in some other manner vet 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 Plannint7 Commission's consideration have been sect. City Council action on this matter must be taken by tilay 11, 1998. • j ............ ►I 1 I I:, �i11111ilillll !!.Ilill.l,lll'I','�l� i' I l: ����' ;i ! 1.;) ; 11 1 _i I „ ;I___�� 'i 7 / � . III ,i ( •l - ,`� IIII +I it 11 II ,/ � •r ,.�� f�. . _ .. � . -_ -_ _ - -. ; -__ - c - -_ 10 r , ;; , .:11111 -3 . , ril ( I I III l�',� ,� . 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( • rn N r, nt [), 11 IJ tr U, N 1 r V) U: N 1 •.I U N N U N n! � ' U 1t nl (V rl J G N O L) r(J f: V) C; � • ^r � r' nl q N N v, tJ O 11 ( C: ) r t j ! r 'V r) !J nl , j3 (J r fr U r'r O) '1 ( nl U N al in N r), - V 11 .r; a/ N n 1 1 nl r: rI rl i •.I tjr J 11'11 l# f1 -F ri •• t U to rJ qj al nl '_ 1 nl nj I U N I i • -( lr f's ,�) N r1 t) r • • .4 i i Ca - -7 on NC . 46U i Rent a Car i Sears oc i 2°. S r ook ' - ' ! a ti Or,: i e tJear, ,�.;'_C Oenter RequeSt: SPEC ia1 use D arilit i Tne applicant requests special use permit approval to operate a car rental business out of the Sears Auto Center in Brockdale. 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 wouid operate out or the retail sales portion or the auto center. The inventory or cars r "or rent would be stored under the existing canopy at the north end or the auto center. NO additional parking is required since no building addition is proposed and the car ren tal use requi no more parking per 1,000 s ft. than the exlsti retail use. The applicant has submitted a letter (attached? explaining the operation of the sp use dated M a, 1980. A second letter, g dated M ar..n 12, i�a 86 (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. he applicant was advised by staff gnat the small, transportable boil nc t.- a l iy pro d d1 V dig he ini � � pCS d not meet buh Code requirements and .oul rave to be Sir^ Can v ;ate T - 1 IOdi T question o parkins; requirements fo additional . n0 ,-as .l so raised. a bui spa Ce e �^.1 hCant dEC i d i tale i of ^irtE t'C I Ccate ' "Sh tIn a x - 4 a: _ i _ T � � �� •• _,�i S _, n, ..0 i i ,,, nC ..nd ,tie tae aVc i I cz I ,, ar2_ .tnder Can V f - r r C Or a ` - en Cc n0 _ see any Con r i 1c: w _a _ne Stancards for speC a I e h - car r _,, ,., , bush ness . - v e � _ _ ,. _,�nCU I C na !,, r.0 mea � i , ^n� n . -, __. _ Sur,.b,� ii, ? ^an - ^ or _ +C l l 1 -pr Jc , I h C C1rculation Wi thi n Br --Ckda Center. Ap 1 Ere` e recur- a7end s- r ed SuoJeCt tJ at lea _ the ot i i ' ng condi tI ons : V S, ,cre, c, h The spec use zer;,i_ i s: act to ail �ppii a' e ` c zi codes, ordinances, and r and any `Ji o i at`On tnereoff shall bE ^rounds revccat,on. _ 'cr 2 r' Er - ,r. - ..v 'vi i nV tLO J C -3r3 - or _nL Cana I, ze conf t, ` a re: jyT :` der e andzv. JzECi ` - Use - Use er t ap rCVa ; edges r enta 1 _nd 1 _CS i n^ Cn 1 v. No sa I e- S r �UIZOre'o , , �z or 0-ner E, S cx aclrl e ^sec oV tr i s act, on. Z •..._.� r.�. ........ .... J .. °.. . .. C Sa..�.♦ . v.. .. u . S S... _ 11 ^ y Gv '� -I n?. v� C� c .C.n. '..S even w yy • �.t — .._SS _.Jr.e •+ C G.:. s ..r...0 SI.G ...'�.� ...:G .. ..e felt .....__.. ,.—... i.G.,. ..... .. .y... y t T V y� e a:: C _ a-•!"- `:e �+. ,..5 along : L'SS e__ Y�f� l�Cr �.':. .... .�C�.e� l...G .. y:. c �..r e° CeC ^CC''I unit is gccd :or resale val ue. A= C, FrCCLfi ;1D_NG fLMPRCV�j CT A ?r 7CAT_CN NQ. , ) Soo � � (Stephen cock �.oticn by C.: issicrer S c e � b ants`^cm Se crc Cc issicrer Nei scr to recc, — zerd app rCVa1 Ci C01iCatiCn NO. ACQt Ste` eCt tC t::e foll C �,, 110 ..g c nditions: 1• ::e nal 1a„ is subject to review and approval by the City :e _final at is sub ject tc " ^rov_siccs o. C;:a�ter ? , ci the C*tv Crtira:^ces. at e: the proper *y s a1 rece T ve f _..:.1 approval ant be Ie-' at the County pricy to t o issuarce c_' buildir g permits. • e c' _^.g sewer to '. h —1_f-lots cif t: e sc)Lt i siCe of t e , r ^Perry (old legal bescr I.,... Vcrc a__ c. i c r '' :z1cc!{ .�.1 ..0 C er.. L.. . .a,_Sen s • _. sz A C._a. _ vn) Sa.G_ � b e L_SCva� eC ...�..� Ga. 'e ____. _cr to the 1 _ss a. ce c_ b :_mod_ oer-acs u: es _ S S sewer sVst - s 7 - - e cv1CeC e w S the Wee7__. a -Q _ � (�lldget "e ^" r Ccr /Sears ..e JeCr °_: .' e. ^ . auce^_ :' e °e C: ^ .:S:_ ^.°_ss a eCue S _t polo_ use ^ _t , ••• , CVa_ tJ .zcnd a car re al �GS: eCS _. ^ - wCt_,'e e^ � ^cCKCa _e. _ ,e Secrer r y rev =ewes' `: e ccr,:e. ^::S of t ;e S .a : -O Ccr: ( S= Sheet - .- + r - _. : ..o ^.` c t) V nV _ ca __,,_�_ :+ . ..cv_ _...,a ,.re� T`:e Secret _ c a...""".. iss -C:: a tram a -en y .._ t.: Sar: {� - e. ...... °r t. ..-..C.. ."C... -. C_ -e r°_c^.^ente- -- Gt the Cc ' t tic. r LV _ne Cu-.. age _ ^TV On f v e can czy . are-=. - - _ CS GsrCe`'. wr. a cnta_ - _ - e :YCL1^. CCC' ny G C_ e Gr J pen..;-. _ .° y�eCr °_ - =_s .=r °C _G _V° ¢- _ ^ `^_ -" �. L. -.. .^.e y .� ^ ......_L: e .,G .. ..� 1...... ...ere w - C��•♦ -.. ire re'..G_'_ vcrv_on c- ^.e C°_nt_=r. t,c.^^^.1_szicrer rer is GsmeC _..s wl1 L._r . re . y .. ___,...eC. ^e:.Gn�� S..G., a,..,.... C:: y CGrS nCL_ :)e re. ...:� __Ca: Sa.G CGr. "C.._.. se r° e no .C. {s or recrea ^ e c ... ^ ....Se .. -. �... ....e- e. u v_.. _ S Cr_ _rS e. -•..e .G.. - ..::e .�.. =ore s .... _._.. .... -... .. ... r.0 ..., v.._.. e_ a -a s C l ent No 27 crte- :C allcw - flex I 7n e r e f o I -Ic w e a c s s -: c n _t s e s c r a g e c f n e n t 0 r • an w n e t e r should 'o e cc nfinec; s z:r-;c t -' the area unt e cano Cv or ,;Le ther scrme cars ccu be allowed cuzs-fte c.' the canopy. stated that cars would net normally be cuts de the cancoy, excec t on ccc a I days when �_:n extracrd inary a-mount. of cars came I n The Secretary stated that lie would rather have the condition limit the storage to t canopy so that the C could limit the storage to that are-=. The Secretary stated that he did not t" the enforcement of the ccrdit would be _; _4 9 - b u t t` a Z; th e- c p r, s hI c L I t t e there to prevent a ccns-istan"L practice of szcring cars cuzs- the can-opy frcm deve_Icp_i-g,. .e Secretary also expressed cc•cern t-at s'ori-g the cars outside the cancoy w c u Id r,a Ve a i _- p a c t Cn ne par _C t. e s­*;ng ",a' 'here was a con" ic� ' ' * __ - - . - I , �. - __ - wr:.cn dealers constantly face between storing inventcry on their lets and provit cuzzcmer parkir.E. C, •zernards stated '.he record cculd show 'Chat the iy Tin =.dersta::ts that t here will be cccasional situaticns when acar Cr two Way be parked cuisine the canopy• Secrezary stated t.'-at t,' urterszanding could be accez but ch s�,-­Ee ­Z� not explicitly a- for sL L: t s - 1. d e t'-, e z _­. c . ccnsenzet t- t..edr-_p::_i.-z cl , 4cr , - 4 11 primarily" it NeIzcn _sec=z -7 LC=ISS ICner J nzstrcm zc recur enc • tC_1 = ?aC. Ctl _-) °Ct t- - _- le qcec _ per­­ 's su—ec: to a" appif-ftin any V Zrourt- f_-- `-venr-cry cf fcr rent si to c=f to ackrcwledges rental and or czner vehic-es is ackn o S aI s o t s c n e r s _& �- tr cm, N e zz on, `­= ant , Na__ers:=_d none - - - - e =t- paz-se'_. ::.:z. an- res at p.- _e t recesS f �!_-Cuz st e le. 7 - -e ..Ccz �_�. C'� ., -_ __•- Cc: Sy .. _C ^ =_ ^ - c ..._ -_ `_ ,.-., _ -_v__c ..` r • c �... -a `_. . C - -. - •- � Sa.v. - -- _ac�:a�, �:�d� ... ✓a�..zCvaS . _2 _ . -..., ....��....a... �`.. ✓ .. _. .s .. -_�_ :`',Tads C_ Oc:Sc :✓c S- :"' c:_ a:.. =? _.:cS2.:... aS - a ate......:? -_ - _- ' . ^. C;. .`.: .:_..c • 52. c_. c:. ._ - ' ;'cam _S' ,., - __• _n c..-% r71C: CZ aa.' - 2C O ✓' c c L - .S:i __ 'c -C c C i:0 a 5 ►2 L O _. o= C-aL S'c: ? -�• _ 1 ✓a =0u o.: .C' 2t__ .: ' S•;PO 2C .= -' .__.; P . 11C c uaUM cOU:� 2✓. �a. ^.d'I2 5 =20 - aC � 1C _ _' • aPS ' _JC..wC�. s2:: a _ . S' '' � ... - _ .- C= slzr ` �aq =o . __ C= _ i> ac Cr_ ::7: 1? .._ cAc Acv_ SCC af.a✓ a: .^.CSC ? _ _ ✓ - ^ .c .2.S - L: - . .m a:. 2a :2 2;: ✓�:1C ►. a - = -9.. : C. SU_ =P =' ✓'c:P;S u OC � a0 c- -. -7 -e-M 2.• - -_C - ^r aU; - =:O c`'' - L70.": a': "cC _S S -c"= -a ^'•. =_tee ^v _So.. a^:S a =0 af_-= P=.:aSzzdG . P Cr -- _ "•n :JO -S - :OAS = oAPp� '�:: _U2:. IC lc ati^ :2 : c:: pa�.s� OU Z O Ua' I, n a _ Jc� -TLDtI' z Y u252CC aU ^v. ^.:2 SPf =S 7oAj� :Of. y � oiP^?700" .P cCU2� aA 0uC : 1� S P2 _ S a4� ssau-s ^� IPzua APO P uco C_ IP Ad cd2 as I2,oacs �::, ^sanba: (s- -e : BZ :T=. C TS O P2S� a P ^ __ • '7'0, 8 u o s u i : Pat: O ?'C'iC P =0 2504: 1C1 a ., - :C2a� a ^ lc ' - _ c tz_ Fauacd _S" 1DA :OAPri u0 :SS7=OD 5U- • P L G at 0:', ?2CP0'vu 7 uaaq :Ot_ �P" s' ^ ^• u ' _ `t : � t _ -_..; ra =P =S : O C Oc"Q o Po :P aU:^ pu car ZDUa_ ao l lP` :7 a � c_ uaf s _ ur - 2 : o uo ; �succ 10�_ .:a2C �P : a s2::E - •• aadMazr•I-ot_ ^c:) ' s�agaatul-cuno� �o_ p2r.2 ,Aa.: ati t;o-u:: suc'_-puco a2�;:_ cz coa Cgrns rIOeS - of� ud- _ :o IPAC �cc2 p2pua aoo2� no; ss- off �U. - aL_ CPtzz e= D a� auoc -- LC P P- P t..: �a»,c-- 2sn IP -oacs P s- ssaU'snq IP_ua� :EO E .PLC 02:P.S t+O -C OaCSUI auTL ^ :P : - 3z= a - LQ' .r0 C.0 'Q �.:. _ at;; - :1 0 t: =�0u t�COUPO at :-a Pa�P Su7:...Pc zu - 0 .. ".OUa;PCSUP :C _ P pa:+,ot csle PUB uO _.:PJ -ICCP at; n a-Aa i C; pa?aaOoac a;; Zsol:_ y �2�OP ^�2 t1 i�pS Otj UO- :ZPO -IadC' uo _aaUS ay, OUP Sa^ 1L' _ W u0'SS' II IOC '5 3U - LuuP' 9361 �L �C :E aU CO X u aA -� szS O. i �' Ilou �d� at:. �a,�a.a� ud' zcacSU- $u cuuP is :0 s. Tour- at �c y - _ CC _ 'T_:.C� C2 ; pap uaC^Mcoza SP-`: L^.2= S-::; pzzou - c C' � 1 . C J a. _ i :,.+ _ ., :cam T • 'z a r S ears r a Cues Z:_'nS sz a c ,:s in re z: _'. Sears A'u::z=o::-:%2 zenzer a:: .s 1 —'!a Speci us e s subject CO a co o r d i -. anc e s , and - des, Za9UIa::_';ons and any viclaZion. . �:" snall *o grounds for revocazl Sto rage Of o -: - Cars : rent SI-all be --ned to Z:,,e area under Z`e canopy. SPec' use - je=- , *:: a ar-knowled--es renc=l and leas; n 7 No sales o: auzomo b Or czhe ve is acknowledged acz ..a moz;or., passed '--e C_' ':!anager moced ::',.ac ; a a k e week of Apri-I 20 Z:hz'ouz' Z:' 27::':1 's Voju nae:: -'Zze was a mo:40n . ov CCU-,c-*! --mem-er Hawes and sacc-da-� C a — - ___. , De:: , e;s ::-",a zassed una—mot Council a 3:ockly.' can::e- cu-zned a:: a rK rt r, t •u C, t� rn cra ;.J ! ,7 rt (L N fD (L C R, ' 7 G, r) 1 (1, OQi < O H ill H rt Oq "J n r t 1 n. (D n Us ri N. u, (U t'• (" n) 1 (r n. rr { 0. � N W rt u, t i Cs. C7 1 ' in u)114 u, rt u' n rt !' (ll (D n. N n {D 0 rt N n U, (IQ (D 7 �J J (D rt r r rr N ; u NO If) r) ni n r na �u rt (ss t' t„ ps u, r; 1 -' us 1• rt (I n 4 cu :3 !: rn n rs s N I I• r �7 n N rn rt O N rt {U rt 1 -1 ri Ci r (D f t () ill N I S ( j-1 F J. [� n f N t - i U, r i ( IJI, r t ?,' ,' 1 - '• { ,7 (U .7 r W r N (U I i N r) (14 1' U7 N :J U is 1­ N rt :7 1 - - n rt t-'• U, rt n n. I - ( (D CI. r) (1') 0) r <: t U n rt :7' f-' N " 't -N rt It t t t{ (u rts:7 it n !: () (D ( rt ( u, (D n rt tT n (U O f i r) t' n I t {. P r s t c�' s t i r N - 3 :s" i' CJ t' . tD rt (D N rt I 1 (D j 1 • „ r ( r { O ,7 1,' t-( rt (u n n (: , 1 J' (U n (n to 0 rt ;7 t V'� rD N n n [.,. 1 - -' ti (U 1 ,. n rl n t7 C) I t rr :7 n u . 1 - ts , (U G n u, U, (U U rt (U Ut t7 vI (D n) (D t{ C) rt 1 -1 J. U r t n r. (), C) J' H 1 n ( r { tU r-t, (D r). t {' (D I ( N (n (D o A. U, I t u; r [ [ ' t1s p t= U4 (U F ( 1 , n 'U to (a. 3 ' ri F1 n u, t7 n r t (D (- r { 'rl rr N r [7 r i n ( N r (U to r{ U r Es 0 Ur rt N (l, t: tfti rt rt 1 rt, rr n `C U rt p, ,-, n (U (U R, [,s rt 1 . f . 1 0 r t t„ ( : to rt rt J D 1'• rr to Us '• (U T (1.`� t i t - rr ( rr, (u U 3 '� 1 �7 t), r i r (7 U, C) t --' (s ,-t R> ns C C) r N o • Ps rt r t t N ps its 1' :7 its U r u, p to 1'• 1'• C rt h Ds n r m ] 1 ' rt !ss rD • r - r (D I -' (1 !U 7 N 0 cn (D t r t t' N n C) •� (U (D n f J { (D s' t l in kU (-I. ('I I t n �D n O j't IU its N { B :aJ TE it in0 7 iefi zi w • Date: 3-lo To : ; "Ir. Ron %Marren, Cit.; of 3rocklyn Center From : Dennis Goneau- Budget Car sand Truck Rental Subj : Applicatien For Special Use Pe^nit In September an 1936 a Budget Rent -A -Car Lranchisee beg= a car and truc'.< rental operation at B:Ockda! e mall. Tile epe:acon :vas housed at the ears Automorve Cent er and vetuc.e Parking Was designated in ajacznt areas by t, ',eir lease holder Sears Roe+cuck and Company. Some years lacer Budget Rent- k -Car of vGnnescta was rzaquir°e oy Budget Rent -A -Car Systems Inc, Included in the acquisition was the Brockdale opera tien. In the fa.11 Of 1994 1 became a Location Manager with Budget and was given charge of the day to day Operation and yOwth of this lcccen. In January of 199: I scheduled a meeting with Sears management to disc•,= our - espercve Operations and to explore fursre enhancements to both of our businesses. The meeting was attended by mysel>; Seals of Brockdale General Manager -tic Prescegard, and cur new General -Nianager Tim Stemmel. During the meeting we were asked why wE did not rent trucks at thus operation like other Sears - Budget iec::riens in mails Ch:cuzhcut Che ciounr '" 1 .uS :Etas a Cu..S.Cn :L were net prepared :0 aI1SwZ:. We SL)eLttl3teQ that IL probably a business d°c:SIan made by Cre'rlcus ranagement or Or_vlCus Cwne :sh'io, Cr ^CI a :; Uck CC:eCaticn 'a.:iS not a0cwZC V rnal1. :., ^.0 ^ the � �XCta1...,,. - tat we :LZre Cpz ratiP.g ...^.z" "'; on .Sears Crc eT✓ and :het any pe °ded CZr- rm1SSi0P.S ne_ i0 0 ut :L'e:e a t S :OP. Cf •''- S ...an y ^e l[ and not . e n all. +e -vere :hen z en the go Cv Sears :0 ^ ersue P : r^ this CC::C t - :n a 'telly Cf limu d e OaSi inarci: - bata ae*e..ru CUs ovvnershiu and -� Z �.�..... ne,. Chat Che Cr °'!; 7 1 = 29e -lent had cceratea..a 1C:c :°72 l 3t some 'Dint of cur nisicrr tLICh IiTLtad 51CC_SS. At1d :hen at a later date C;aCse t0 Cense that ;:arL of the cceranon. �Ve d-" = :ded Shcrdy thereafter :h :t Lie:e cole ItIal for a success -ful sac's ace, con at 3rxic ile and accordin_z.'v. ;� _ :a:aV° Cps' 3iet". SCCCeSSil111v and w1tL'CL't :nc :de - 1 t since Jnnulr; CL 99 a. ^,d i,al'e CrCL1CC UZ :Cr 7e ^.L3I SZ .1Ce5 CC the C^tIL('1- IIt✓ 1Dec� =a mber of i 9 :LE :LEre _ant: c:� y ;he C:tv Of '.Le " ' ' ^ =r- =r- ::1:--r7-ed. ::1:--r7-ed. :hat �rOCk.Vn 'er C_... •sere :. 'r'iciaL:cn ork a 2C :al use Pe.^l C ?— ^.: :0 :he Cr ?' ^,a1 C:LT,e. 19s6. ^.C° :�aI act coca ;.tie have men in con—c: - -v,:1 - 1 aiI - a Ccmpa ^'es a,:._ n urde :sit c R et ..w e ;e . __...ems .. :,: W'A :'Us xln, cu: stcr c cw x9 :L1I vr�ze^ JOin7 =or.Lar .. ::hs me Eudzer C z and . - uck �,en l "'cu`ld 1 iK! t0 wr l L" _CC :, :.Cr a.:, Ou • ^='- =: =`= -e^^It Io i_ ^.ci d C'c ,ea i .7Cm 3rookd ae % v 7 c ,clicw is dccume ,:.aicn c e - _. S rCr S CL: - _ nC. ^.L . C C:, d �. ^.1 :c :tai." .. _. ... S �naV CS tC: SZ2C:al uEe i J Budget. .� .:.1 . • • • a .;r anc 7 rue.e .4em%il Sec -ion .� Budget rents an average of 1 ;0 trucks per month at this location. Each rental averages 1 -2 days in length and thus an average of 3 -10 trucks will cover this demand. We operate in a very Competitive market in this area. Breekl,,rn Center consumers beneat from cur prescence as we are one of three pnce competitive suppliers in the city. We have also developed a strong commercial renter base as well. Cur two largest commercial renters are estabiished Brooklyn Center businesses - Custom C Ece installation and audio Visual ; ilm Croup. We perform no repairs or preventative rnaintenence to any of our vehicles at this location, ill maintenence is performed at our facilities in St. Paul. Thus parking is limited to ' cold storage' of vehic!es prier ro rental and roses no public health or safety ccncet;ts. Section B. The ' used for storage of veiicles !s in = area that is removed -cm the main mall activity. 7u,s let s acprcximate!v 7 00 feet tom Lhe nearest main entrance to the mall. Aso this ;et is liter lly Sur rounded i.v businesses chat are mcaer vehuc... erect_ . - ars Automotive. •.es"cne, Ccc :ear. Vaivcilne Cpl C znz 1 e and The urn � I CKC:.le C r .Nash. in the I ave __. _ paSC CV �:;:VS i? ��• :oQ 3'.1�.�..jL�1 OI IIIICCT.ai:Cn th;e � ri ft.: p1a..S .Cr rCCK.^:sle Mail. i .. -. .a%e Come tC ':c::Cw i e =Jcr players as IL'�ere,laVClVed In ;L`s enormous L`nc-r . ong Budg °t is excited :o be a pa:, ci 3 d— b _�ht new rpek,..es ri '-11; e. I have spck�n C :aT,eS :C 11eSt - I =er aPC we pelle':e C1 =d c xic ren cnrI be an !:,d .cem_nC :C th:elr IV-2 a1SO 'Understand Lhzt :.':ere are a number ,_nCVatiCns :jet-;-,j � aI S. .. ^.CC CP'V :0 Cu.* Cpe. ^.aL1CP. bCt ;C W $: are with Sears Automcu : e. i 3llSi' ::S : ^iCr ec me t.' at :he � Tall Much he ^.0 ° ^ :'hzs a.-,,d :h-it is e'e IS nC diie= Zcc2ss ;C pL'p!iC : :-_ :S :or:n Chi: 5:-, !CL. lie Ore °. ^.ti T eS C 1 ^ Ctae: ^e ^., °re' M ail an Z. ex .. M Se, ^r C° ,'Cad. '-rti ^T ^. °_ S u2 °^ ..^.0 ^L'Ci:C • B�dge�. if 1nC I � UC1 .�dnf�l ORPRATE • . - icn C. Broekdale Mall is zoned for commercial use. Budget Car and Truck Rental provides rental service to licusehold/consumer as Ae!l as commercial car and truck renters at this location. As stated earlier we are operating among businesses that are mcror- vehlc!e related. our parking needs are met in a tat 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. • 8_�dget. u in a -rucs ,ian:ai Date: 3-1c.-93 10 : fir. Ron Warren, Civf of Brooklyn C_nter From: Dennis Goneau, Budget Car sar;d Tnick Rental Subj : .application For Special Use Pe^nit In September on 1936 a Budget Rent-A-Car franchisee began a car and track rental oeeraucn at Brcckdale mall. Tile operation w;s housed at the Sears Automotive Center and vehic:e parking was designated in aiacent areas by their lease holder Sears Roebuck and Companv. Some vears later Budget Rent - A -Car of %Unneseta was reaquired by Budget Rent -A -Car Systems Inc. Included in the acquisition was the Brcekdale operation. In ;he Ali of 1994 I became a Location Manager with Budget and was given charge of the day to day operation and growth of this loc :tics. In lanuary of 1995 I scheduled a meeting with Sears management to discuss our resoe=ive eperauens and to explore tature enhancements ro both of cur businesses. 1 ":e meeting was attended by mvs Sears of Brockdale General v1arager E 1 c Prestegard, and our new Gener N ( Tim Stommel. During the meeting we titre asked why we did net rent trucks at this opetatien iike other Sears - Budget lotions in mails :hrcug.+tcur the country. T ims was a question vm were net prepared to answer. We s-ecuiared that :t'xaS pfCbalrty 3 bl2S;neSS d°C:SICR made _v �fev;CU5 math ai�TZTe. ^,C Cr Cf0'a'CUS OwnersCt D, Cr ^at a i. ack cop ztien w s not alicwed by , e , nalI. cis explained oce.uting nt:rety Se=s - h On nrCter y and C aI any per 'dSS:CnS neede CC Cpef ate w t Tr - e - n . = = - C ement ere a the C S_ °SS:CR Or T - and ^.CL •1;a nlali. VV tie._ Cl - .e ^ . , r , Ye ^. .rte. �a .e "• • . - = CiZC' - d OY r5 to _`_'rSue t dS c'.cri a `ve C ;CSe :C v0 SC. :n a :'e;w cC iiI?dte Cas fri nc ! '..Z= " e deters ri fly i i " d e .:,al i. Cr Cu5 OwiierS L^ a% had Operated ruck rental at some point of cur is;cr w1L , it Lt�t. SucC'SS. ^.d Cheri aL a later date t ` C::CSZ tC cease at Car OI Che C^'_r azion. y We deeded s: only thereafter :h:ar there enri wLLS -,or al . ° cr a succeSSttll — c:C ope .^LCR at 31 and prcce - 4 - acccrdin ?'v. "'Ve Have Opera,* {ed Sdczessruhv and w7thcu'r i ic:d - °.nt SinC_ ja 1 C q9; ' entsl ua r i Of nd have cr traded C ` I `� -`�+ ser - 'ices t0 :he zcmmu�Zir OI 3 : Cante recemper CI 1 91' wE were CCRi C -- �' L:.0 C--r; CI rCCklvrt Cam. ^.ter n ncI and nfor- ed ::t we %% 1 r+ ar cn OI 3 special use permit zan:�d :O the Cu ca '.iz have been in .cn=ct tLZt all :n._r ^ ca r, - es a :.e5 ( 7 C :C: CI - �: CCIi: j'1 C ° ^a °.• Corn ides t :C :c " unCerS"diI1CP.Y v ^I Cw'.t2 ....ve .'..; c 4 :tats CI^ CL'r C1 StC^ ana . - -cw w? WIH ^rccz °_C _zing :O — , ;v .rQ. :. ^ d5 .z dd -get .ar ar .G y _.dc t Ould ! , Our sclec Use al.. CCU ^ °n i:CP. t: r SdCCC Cur CCRCI: 1eG arid . 0.^. i :0 me!: s _nd ds - . - 07 scec:al use Per -,ru listed in r,._.:en. __ ._._ Budget. -- . 'ar ana ',uex ienz.j .�eC;ion A. Budget rents an average of l - trucks i er month at this location. Each rental averages 1 days in length and thus an average of 5 -i0 trucks will cover this demand We operate in a very competitive market in this area. Brooklyn Center consumers benerit from cur prescence as we are one of three price Com , ive suppliers in the city. We have also developed a strong commercial renter base as well. Our two largest commercial renters are established 3reekiyn Center businesses - Custom C Ece instaliatien and audio Visual Film Group. We pet"ortn no repairs or preventative maintenence to any of our vesicles at this location. All maintenence is performed at our facilities in St. Paul. Thus parking is limited to ' cold stor,.ge' of vehicles prior to rental and ;odes no public health or safe y concerns. Section B. The lot used for s;er -.ge of vehicles is in an area ;hat is removed from the main mall ac ;i airy. ;Lis lot is accroxlmateiv 700 teet:]rc -1 :he nearest rain e.^,uance to :,he mall. also 4115 iCt is :iteraiiy surrounded by businesses that are motor veiucie or- e::ted - Sears automotive, = stone. Gcacdve; r, ti*aivcii :.e Oil Charge and The Brcekd:le C r Wash. in -h. cast 00 da ys 1 have received a w_._l':h or In:Ct'na;:Cn re! , din, the future oi:i2ls :Cr arc icdale 1vtail• I have come to :mcw ;.he rn2icr piayers as it we:e,invcived in *. •.:s enor ycus u;1der � � .. . -n Budget is excited to be a pa:; of 3rock a es or:ght new fun I have Spoken :o James Sciliesinger and we believe car and :,-,;ck :eat I c be an ear -mce :lent co their ci: ns. ve also un , derrand that there are a :.umber 7enCti -"t:Crs ae_d, � not only �. y to cur cperaricn out :o t, ._ :aciiiues we Share with Sears a' 'e atemcti, Ta1is., n ;1.s in:,cr- led me l= are ve^• the u t t` much in t : �CncCpe.:,.. =h=,- and :hat cCnr,.ic; :on dates are at ber Sn 0 Ce J-ars and i tits ^. an. -u-:ently s no direct access :o �uci c i su °_S :C.^..1 cur s;Crag °_ 'tCt. -, . :e CCe d, ^,t :ar:C.� 'e:Cit •,C° ^.' :C ^g ^, °e^S ale i.i...ii�...'_, ^.d =Lbi :C CC 'C `+V °_ a Ce :s a^.0 c ns .,.: v .: :a: ::_:s ;Cl. 'Je "^ o Oil • Bpdet. e .. , Ijr .na 'ruts ,;er.rit `ectian c.. Broekdale Mall is zoned for commercial use. Budget Car and Truck Rental provides rental service to heusehold/consumer as wEII as commercial car and truck renters at this location. As stated earlier we are operating among businesses that are motor- vehic'.e related our parking nerds are met in a lot that is far removed f—cm the main mail activity. And entrance and exit from this space is limited to one access this suace is limited to one access. • A s=ecia! =ermi:: Mzy be q'Zanze'j b." t:i a - a 0_ tne. :C nq a__ me (a) 7 .`.e estab-is�Imenz, �na_',IZeriance a,- of the S=ec_'ai W; 3-0,-.1oze and ennance general '`e and wi not be detz to C.- endan(ger the =ub 1_' he, sa fety - .Ora I s , or cc.n, (b) The special use w-;-'-' not be injurious to L4e use and of other property in the ixmediaze vic for the purposes already Permitted, nor stibstant-,al1y di:nilinish and impair Property values W;­.;:" 1-he neig,"tcr-liccd. • The establizhm'e Og the sze use wi not Impede t�he no-r.n a - I and orderly development and '"'Mravernenc 0: sur=oundinq Property fczr uses in the distzt (d) Adequate measures have been or will be taken to Provide ingress, ecrenz and cazking so d e3 ; cne d as t tza:_'-;c ccnge.3t_ in t!j p stZeets. =-I-;c (e) The smecial us shall, in all ot!jer rescect5, ccn c � Zm. to t-he ap?licable zequlaticns of: t!ie d-istx4 ; ft; C:% it ' located. Ccnc!- and Restrictions The ?Ianninc CZr.-.-.L;sz" cm may recommend and =cse suc t!ia -:7. City Ccu ^cif -ay ccnditicns and Zes, tz ct u=cr. I!ie est2 I; 'zcat ccnstz-__�; - 31-Zhment, cn, mantenance and c:=eraz_-' o f �"e scecial. use as deemed necelsaz­ fZ_r t: c:'=tect_'cn cf the pubic ;_taZaSZ a n to sec re ccm= I.' -ance witn sp ecified -;:I crd- nancz. _n al' c a ases in z" sz:ecial use are crante- 7' Ze d recu e "_"ence an c-'- t s as M a azan -2-2 ticns ccnnec as pazz z � =ezew4 4. R esu b-4 5s ; cn Ya a=z7l set ted for a cer-cd of twel cat n a s=ec a use =e- t wh has d *_-e n ,* cv th e C.L ty C 4 ' _- S , - a , be 'esu I !: M - % e J mcnths e ; ate cz t-he f I n a -I d e t e n a t- c:- b e C i t Coun cil. tha = -he a==!_ namay - writina ne- czt 4 h sccvezed e of c!'a nce of ccndl t-cn upon wh he :e to e ca- t�:e ccnsent of _.� 7 ** _el es Iss-cn -oz ras=m­ at an eaz_'_�er ReVcca"cn and 7 :.Zans 4 cn c-z Scecia7 ' S=ecial use pe_t - 4 ss�:e` :)uzs-zant tc t�-e t:l-;s Ordinance, been ac - = b s =ez-- t �=_;Ze wit"cuz �' t�le ?!annin CC . ._as C­' - urz`ez .-.-as cn. Cr the C" t Ccunci I unlless t^e n z or - -;s as34 -- 9,ccesscz cc=ences wczk U=cn eat =rc::ez!t*,, cne ye c � the date t' smecia use t is -'-cant cr u befzre - -"e ex-z a iZat'cn o t Cne year ::=* pericd: t-e s a! acm zcz an extension thereof cv to "e Secreta-r- cf the ?Ianninq C c::= , Z3-c a ---. _r. a Use rp__can add fee Z2ns`cn and cayinc_ an c _ - Scia use t a: -7 n 4 : 2 2nzed =u:s�:anz ::c �­ 7 a cf Er=ck!" Canter 5'-al' em=ize c �ne veaz :::-.a ef_ pe ec l :_"'re daze cf ::.�I_�Z t:�Zz :_=e. -as - cz cc=encad any inst ance an ex;Sz. anz a t a e 2 7 re- z_'-er2zZ Z: ex=iz Cne year f I * - Men, Z. daze February 12, 1998 City Of Brockltin Center 6301 Shingle Creek Parkway Brooklyn Center, NfN 55430 TO WZ nom It May Concern: We would like to express our concerns on the reiicensing of Budget Truck Rental, Brookdaie Center. We have beet a valid customer of Budget Truck Rental for over six years. We do SZ0.000 - S2 .000 OI business per vear with them and an average OI rennin, trucks at least once per Week. .t is ve^ .Ztal OL'r busin to have a :o s a t� era as close as they re. Time is of essence to us with .rig :a,- amOlntS or audio viS: III '.uipme:a'.ve uar.s -Or: aII around the ;n «e beiteve it 3udnet • • `:ck Ren tal n t0 ..bo ish. it would cause a hardsip t0 our compa m � n`. we. Audio V isual c� Film Group �.vould ale to see that Bud get T _ �' Bud_ t � � 'c:; Re ^ ra , i. Brookdaie Center rer::ain ir. 3ro6kl. ctnmr so we could canonue our good wor'.{ ng reiar.oaship them. Sincere ROB CINCO ; A Transcor:ation Dir....tor a..:dio Visual 3_ Film Group RC:'.<id • MINUTES OF THE PROCEEDINGS OF THE PLAXNIN'G COMMISSION OF THE CITY OF BROOKLYN CENTER N THE COUNTY OF HENI FNEPIN AND THE STATE OF �IItiNESOTA REGULAR 11EETTNG 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 Boeek, Edward Nelson, and Dianne Reem were present. Also present were Secretary to the Planning CommissioniPlanning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Berafalk. Commissioners Erdmann and Walker were excused. Commissioner Newman did not attend. APPROVAL, OF yITNUTES - )JARCH 13. 1994 There was a motion by Commissioner Boeek, seconded by Commissioner Nelson, to approve the minutes of the Nfarch 12. 1998 ° e + a , m .�in as submitted. e n The motion .,assed unanimously. CHAIR'S EXPLAiNTATION Chair Willson explained the Plannina Cora- mission's role as an advisory body. One of the • Corn mission's functions is to hold public hear.•nt_ >s. In the matters concerned in these hearings. the Commission makes recommendations to the Citr, Council. The City Council makes all final decisions in these matters. APPLICATTOti Nn 9 8006 (BUDGET CA R_ N TRITCK RE NTAL) 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. 1 299 Brookdale Center, to include tracks and to ex the location of inventory on the site. The appiieation was filed on 03- 1L' -98 and Cit<r Council action should'ee taken by 05 -11 -98 (60 days), Mr. `Z arren presented the staff report and used overhead transparencies to show the location of the grope -' ry at the southerly end of Brook Shopping Center, bounded on the west by Xerxes avenue. a.nd on the east and southeast by 11izhway 100. The property is zoned C -2 and automobile a truck rental and leasing is a special use In that zoning dis r (See attached Planning Commission Application information Sheet dated 3- 26 -93) for Application No. 93006.) The special use pe=_it was panted for a car renml business at the Sears Automotive Center in April 1956• -Mr. 'Warren noted That one of three conditions of that approvai requ'lnes that storaae of the :n� ent01�' of re ntal cars be confined to the a- under the cano py'. i ne permit it did not comp rehend :1 e r °. nta! storm' of ui"uc s at that locatior_. i__ 99' h er � T - 1 t he Cin- i c.scoy,., d u~l�t ac.s were also being _ - -98 1 offered for lease and were stored across from the Sears Automotive Center. The company was 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 o 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 agree ., d 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 storagerparkina 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 renta- Uleasing granted by the City in the past indicates that compliance with required parking formulas has always been a basis for granting such permits 1, tiih limitations on the number of rentals and/or the location of par:ina at those sites. In addition. the staff repot quesilons the appropriateness of a highiv visible truck rental operation at a regional shopping center ( Standard B). Mr. `;v arren noted that recently 19 tricks and trailers have been courted 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 1 e image necessary for a successful regional mall, although comment from the new o wner on Iris application is not available. %L-.'Z alien described options available to t.':e Corn=` -ssion with uOI respect to action. on this application '71d no ted h earing i CC ? �llDIIC ne�rinQ 1S Sc :lc''. Cn t c' ma a-- at this ITIeeun_ . Chair VVI:1son called :or cuestions on the -application from ;ie Colru__isslorers. 0 -98 Commissioner Nelson asked about the relationship between Sears and the Brookdale Center. 1\1Ir. 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 HEARrNj (T ( 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 8:1? 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 g uestion regarding Budget's relationshi with Sears Mr. q regarding _ P Goneau a explained that Bud is a separate company operating out of Sears property at the P P � P P . 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 track 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 AvenueiHumboldt Avenue location. Chair Willson inquired whether Brookdale's owners have plans for dealing with the parking issue. Y1r. Goneau stated he did not know what the plans are, but anticipates w•orkmg 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 mn11. No other individuals appeared + a , ..I� t mom the public L.pceu red before the Comlrnsssion �t_ri.._ the public hearing on Application No. 98001. CLOSE PUBLIC HF_AFTNCT r 2D1 LICATIO NO. 98006) There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to close the public hearing at S:27 p.m. The motion passed urim- nimously. Chair illson called for further discussion fr ; om the Commissioners. Cr.air , ;iison stat: d there have been no clnanoes since 1986 %vhen t he sce .a.i use ^° writ vas `_ranted • F -u. �al.w L an'e l 1 "-_ eX!sl�n; pelis i:. F 11 — ' w he=ore. parkinz at Brookdai., remains det7c.em 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 Iocated 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 SearsiBrookdale 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. v ACTIONN RECOivtNt DENTAL OF APPLICAT NO. 94006 - BUDGET CAR AND TRUCK RENTAL FQ EXPANSION OF OPER ATION 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 soecial use permit to expand the extent and location of inventory parking in conjunction 'with their rental operation at 12 Brookdale Center on the Grounds that Standard E of Section 35 -2 (Standards for Scecial Use Permits) is not met par-,iculariv'vita 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 th e canonv as sLecined in condition number ? of he original special use permit granted in April 1986. Commissioner Boeck reiterated his concern for consistency 'with previous approvals by the Commission for suck rental ouerations. Corn issioner Nelson inquired how compiiarce is handled by the City. Mr. `Vat -en explained that code enforce- ent o icials are responsible for compliance and violations could result in a 1�� C jai :Cr rah He ac nowledzed Lhat Clue :o emplovee riumover. u�-- re. ^.Iai and siora2e Oi truC is i '16 -93 at the Brook 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. 93006. 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 1936 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 w consider the recommendations � ti �.t i ts -Monday. April 1 -, 1993 meeting. The applicant must be prese changes applicant nt. �Ia'o r p � r chan�..s �o t_.e application as reviewed by she Commissioners w1I require that the application be returned to the Commission for re- consideration. CLARIFICATION OF SFCTTnN, St 5 As requested by the Commission at its March 12, 1993 meeting,'NIr. Warren presented information on how the staff reviews and considers planed 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 carefullv reviewed. Commissioner Boeck explained that in his judgment it was in the best interests of the City that the entire property ard. %or parcels or a PUD should be presented and viewed as a total development package to ensure control, compatibility, and overall acceptability of the property's development. Thee 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 ` pth:r blSin-ss came before Commission. The next m--, of the Planting Commmss'on tS scheduled for Thursday. April 16. 1993. aDJOi_fRNMENT There was a motion by Commissioner Reem, seconded by Commissioner Neilson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:27 p.m. Recorded and transcribed bv: Arlene Berafalk Chair TimeSaver Off Site Secretarial, Inc. • City Council Agenda Item No. 9b April 27, 1998 • �QOOKLYB CENTg BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Assistant City Manager Jane Chambers FROM: Chief Joel Downer DATE: April 21, 199$ SUBJECT: Pawn Shop /Secondhand Dealer Ordinance The police department has reviewed the proposed ordinance regulating pawn shop and secondhand dealers and has compared the ordinances of several other cities including Minneapolis, Blaine, Fridley, and Robbinsdale. The police department has researched the transactions involving compact discs and electronic cartridges. Other cities are split on addressing this issue. Blaine allows for an exemption of "the sale of secondhand books, magazines, sound or video recordings, or films." Robbinsdale and Minneapolis do not allow exemptions for compact discs or electronic cartridges. It is suggested that Brooklyn Center follow Robbinsdale and Minneapolis and not allow exemptions for these items. Suggested revision for Section 23 -602, subd. 12 Add "all sales of secondhand clothing and shoes, except for items generally associated with a playing of, or as equipment for, any sporting event or recreational activity." (This language is consistent with the Minneapolis city ordinance.) This section would require that the transaction involving sporting goods would be reported to the police department. Sporting goods are a frequently stolen item especially during the summer months. The review of other cities ordinances do not provide for an exemption for musical instruments. The suggestion by the police department is that no exemption be allowed for musical instruments or devices in the Brooklyn Center ordinance. In calendar year 1997, 13 musical instruments were stolen in Brooklyn Center with a total value of S10,093. During calendar year 1997, 2353 compact discs were stolen with a total value of • $31,201. • Memorandum Page 2 Section 23 -618, Records, paragraph G It is suggested that the wording in the second line be changed to "dealers in computer cartridges or compact discs." JD:kh pawnshp4.mem • '`. 470 Pillsbury Center 200 South Sixth Street Minneapolis NIN 55 -+0_' a- (612) 337 -9300 telephone (612) 337 -9310 fat C H A R T E R E D e -mail: attvs@kennedv-graven.com CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 email: clefevere@kennedy- graven.com March 24, 1998 Ms. Jane Chambers Assistant City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Pawnshop Ordinunce Dear Jane: • Attached is a revised draft of the pawnshop ordinance. I believe that the Police Department had some investigation to complete on this subject. However, I thought it might be helpful to keep the ball rolling by generating another draft of the ordinance. I am providing a copy of the ordinance to Chief Downer. If this draft ordinance meets the needs of the Police Department, further investigation may not be necessary. The changes made to the draft of this ordinance are intended to address the concerns raised by the Council. The changes are as follows: 1. Section 23 -602, paragraph 12 exempts the sale of used clothing from regulation under this ordinance. The previous draft of the ordinance conditioned this exemption on the requirement that no new clothing be sold. This requirement was added at the suggestion of the Police Department which felt that new clothing stolen from department stores could be disposed of at secondhand goods dealers. However, a concern was expressed that this language could be interpreted as causing a loss of the exemption if the used clothing dealer were to make legitimate retail sales of new clothing. Therefore, language has been added to preserve the exemption of used clothing dealers which sell new clothing provided that the new clothing is purchased from commercial wholesalers for resale at retail. 2. In the previous draft of the ordinance, consignment house dealers were exempted from two requirements of the ordinance. The first was the requirement of Section 23 -618, • paragraph g, that secondhand goods dealers and pawn brokers make a photographic record of the seller, the identification, and the transaction receipt. The second was the Ms. Jane Chambers March 24, 1998 Page 2 requirement of Section 23 -619 that a computerized record of all transactions be submitted to the Police Department on a daily basis. The City Council was concerned that the ordinance might be unduly restrictive for dealers in compact discs and computer games. Therefore, the attached draft exempts dealers in compact discs and computer games, as well as consignment dealers, from these requirements. 3. The changes described in the preceding paragraph eliminate the most burdensome requirements from dealers in compact discs and computer games. However, certain records must be kept even by these dealers. Section 23-618 requires that the secondhand goods dealer record a description of the item being sold, the purchase price, the date, time and place of receipt, and identifying information about the seller and the seller's form of identification. In the attached draft, these requirements would continue to apply to all secondhand goods dealers' transactions. No exemption was created for transactions of less than a specified dollar amount because the remaining record - keeping requirement did not seem to be too burdensome, and it was expected that some records of transactions would be maintained in the normal course of business. However, if the City Council feels that certain transactions should be completely exempt from record- keeping requirement, this could be accomplished by adding the following at the end of Section 23- 618: i. Secondhand goods dealers are not required to make or maintain the records required by paragraphs a through e of this section for purchases of one or more compact discs or computer games if the total purchase price for all items is less than $ Section 23 -622 requires that secondhand goods dealers and pawn brokers provide a receipt to the seller or consignor with certain specified information. In the case of secondhand oods dealers, the information required to be on the receipt is essentially the same as the records which the dealer is required to keep. Therefore, the additional requirement of providing a receipt did not seem to be overly burdensome. However, again, if the Council wishes to exempt certain transactions from all such record keeping requirements, the requirement that a receipt be furnished for purchases of compact discs or computer oames of small value could be accomplished by adding the following at the end of Section 23 -622: k. Secondhand goods dealers are not required to provide the receipt required by this section for the purchase of one or more compact discs or computer • games if the total purchase price for all items is less than $ Ms. Jane Chambers March 24, 1998 Page 3 4. Finally, the attached draft amends Section 23 -621 relating to holding periods. This section requires items which are received in a pawn transaction or purchased by a secondhand goods dealer to be held for a certain number of days before it may be sold. The provision which applies to secondhand goods dealers requires that secondhand goods may not be sold for a period of thirty days after receipt. In the attached draft this requirement is modified so that goods must be held for thirty days only if they are the type of goods for which a daily police report is required by Section 23 -619. The effect of this change would be to allow compact discs, computer games, and goods received on consignment to be sold without a required waiting period. Please let me know if you have any questions or coirunents about any of these matters. Very truly yours, Charles L. LeFevere CLL:Ih Enclosure • cc: Mr. Joel Downer, Chief of Police (with enclosure) • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1997, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 regarding the regulation of pawnshops and secondhand goods dealers. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3303 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center Code, Section 23 -601 is amended as follows: Section 23 -601. DEFINITIONS. For the purpose of Sections 23 -601 through 23 -633, • the terms defined in this section have the meanings given them. 1. Pawnbroker means a person who loans money on deposit or pledge of personal property, or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property, taking possession of the property or any part so mortgaged. 2. Secondhand Goods Dealer means a person whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned or leased. 3. Consienment House Dealer means a person whose regular business includes receiving. but not purchasing. tangible r)rot)erty with the intention to sell the t)ropertv and divide the proceeds with the owner. Section 2. Brooklyn Center Code, Section 23 -602 is amended as follows: Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apply to or include the following: 1. The sale of secondhand goods where all of the following are present. CLL131807 68291-4 1 a. The sale is held on property occupied as a dwelling by the seller or owned, rented or leased by a charitable or political organization; b. The items offered for sale are owned by the occupant; C. That no sale exceeds a sale of 72 consecutive hours; d. That no more than four (4) sales are held in any 12 -month period; e. That none of the items offered for sale shall have been purchased for resale or received on consignment for the purpose of resale. 2. The sale of goods at an auction held by an auctioneer. 3. The business of buying or selling only those secondhand goods taken as part or full payment for new goods and where such business is incident to and not the primary business of a person. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales by a licensed automobile dealer, unless the motor vehicle is taken in a pawn transaction. 7. Firearms, including antique firearms, sold by firearms dealers holding current valid federal firearms dealer licenses permitting them to deal in such sales. 8. Sales made by the sheriff or other public officials in the discharge of their official duties. 9. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 10. Sales at public markets such as a flea market. 11. Sales of furniture, excluding electronic devices. 12. Sales of clothin prgvided no new clothing is sold (other than clothing purchased, from commercial wholesalers for resale at retail). 13. Sales of recvcled motor oil. CLL131807 BR291 -d 2 14. Sales by charitable organizations sellinv donated Qoods. 15. Sales of bona fide antiques or collectibles. 16. Sales of used books and maizazines. 17. Sales of soortine szoods. 18. Resale of merchandise returned to the seller after an initial sale by the seller. 19. Sale of used tovs. 20. Sale of musical instruments. Section 3. Brooklyn Center Code, Section 23 -613 is amended as follows: Section 23 -613. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school or church; C. Where operation of a licensed premise would violate zoning ordinances of; d. Where the applicant's present license was issued conditioned upon the applicant making specified improvements to the licensed premise or the property of the licensed premise which improvements have not been completed: - ori e. Established as a Qawnshoo after Anril 2. 1996. which is within ten (10) driving miles of anv Qamblino casino. Section 4. Brooklyn Center Code, Section 23 -618 is amended as follows: Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, at the time of receipt of an item, must immediately record, in ink or other indelible medium, in the English language, in a book or word processing unit, the following information: a. An A complete and accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and/or other identifying mark(s) on such item; CLL131907 BR291 -4 3 b. The purchase price; C. Date, time and place of receipt; d. Name, residence address, residence phone number and date of birth and a description including sex. race, and approximate height of the person from whom the item was received; e. The identification number from any of the following forms of identification of the seller; (1) Valid picture driver's license; (2) Official state photo identification, passport or military I.D. f. The books, as well as the goods received, must be open for inspection by the police department during business hours. The records required by this subsection must be stored and maintained by the licensee for a period of at least three (3) years. g. A secondhand goods dealer (other than consignment house dealers and dealers in computer games or compact discs) or pawnbroker must, at the completion of any transaction, make a photographic record of the seller, the identification used, and the transaction receipt using a split image photographic device. A video record of the seller, the identification used, and the transaction receipt may be used in place of a photographic record, provided the video recording device produces a clear image of at least five (5) seconds in duration. All ID's and receipts must be legible when printed and must bear the date of the transaction. The exposed film or video tape used to record these transactions must be retained for a minimum of one vear after the date of the last transaction recorded. It must be turned over to an authorized Peace Officer, upon demand, at any time during the retention period. h. If a pawn transaction. the amount due and maturit date, and monthly and annual interest rate, including all pawn fees and charges. Section 5. Brooklyn Center Code, Section 23 -619 is amended as follows: Section 23 -619. DAILY REPORTS. Fef the fel lewing items, Fegafdless e f °sal prie °, -send dui , a legible the b g the pfeeeding day. tegethef ef th n d :a, „ r om v. th gee e CLL131807 4 BR291_q • a. items � a- serial numl3�e per sonal id +: on . : bey s3� r itcm3 f�o.m a hi„h seek nruzrlbei-ef-5yii+ ha3 been, -may l a rzMeved, b:--C-ae f 0. E.. etrenie audie er- videe equip-ment; d. . 1 jewe!Fy or- gcm3, and pre eieus fn etals-, C. 1 11 11Jl 7 f G uns a nd f b ite ffis e t 1 ,i 7 + hy aba vc, e:Eee t fi :r, a nd kit t i la und� ap plianees, whie-h the d a b ee d s d cale: or pav n.b_, k f i t call f r f e th $204 A computerized record of all transactions (except transactions of consignment house dealers and dealers in computer games and compact discs) must be submitted to the police department on a daily basis. The compute_ rized records must be compatible with the computer sv_ stem used by the Brooklyn Center Police Dep�rtm All items received must be reported on the computer • system. Section 6. Brooklyn Center Code, Section 23 -620 is amended as follows: Section 23 -620. STOLEN GOODS AND IDENTIFICATION MARKINGS. A licensed pawnbroker or secondhand goods dealer must report to the police any article pledged or received, or sought to be pledged or received, if the licensee has reason to believe that the article was stolen or lost. A licensed pawnbroker or secondhand goods dealer may not receive items from which a serial number, or other personal identification number or symbol has been, or may have been, removed, altered, or obliterated. Section 7. Brooklyn Center Code, Section 23 -621 is amended as follows: Section 23 -621. HOLDING. An item received by a 3ocnndh Reeds deal,,,- of pawnbroker fe: which epeftto- the pe lz required - may not be sold or otherwise transferred for a period of 4-2120 days after the date of receipt However, an individual may redeem an item pawned 72 hours after the item was received on deposit, excluding Sundays and legal holidays. An item received by a secondhand goods dealer for which a daily report to the police department is reauired by Section 23 -619 may not be sold for a period of 30 days after receipt. Firearms acquired by a secondhand goods dealer may not be sold for a period of 90 days after receipt. i _ CLL131807 ER291 -4 5 Section 8. Brooklyn Center Code, Section 23 -622 is amended as follows: Section 23 -622. RECEIPT. A licensed secondhand goods dealer or pawnbroker must provide a receipt to the seller or consignor of any item which includes: a. The full name, residence address. residence telephone number, and date of birth of the Dledeer or seller. ab. The address and telephone number of the business; bc. The date and time of Dawn or purchase transaction: e-d. A complete and accurate description of the items purchased including model and serial number if indicated on the property: de. The purchaser's or consignee's signature. f. The identification number. state of issue and tvDe of identification provided by the oledgor or seller. g_ A description of the pledger including approximate height. sex and race., h. The amount Daid or advanced. i. In the case of Dawn transactions. the maturity date and amount due and the monthlv and annual interest rates, including all Dawn fees and charges. J. In addition. in the case of Dawn transactions. the following statements shall be printed on the receipt: D "Anv personal property pledged to a pawnbroker within this state is subiect to sale or disposal when there has been no pavment made on the account for a period of not less than 120 days past the date of the Dawn transaction. renewal. or extension: no further notice is necessary. There is no obligation for the oledgor to redeem pledged goods." ii "The oledgor of this item attests that it is not stolen, it has no liens or encumbrances ag_ ainst it. and the oledgor has the right to sell or Dawn the item." "This item is redeemable only by the oledgor to whom the receipt was issued, or anv Derson identified in a written and notarized authorization to redeem the Drovertv identified in the receipt, or a person identified in writing by the oledgor at the time of the initial transaction and signed by CLL131 &07 BR291 -4 6 • the pledgor. Written authorization for release of property to persons other than the original pledgor must be maintained along with the oriszinal transaction record." Section 9. Brooklyn Center Code is amended by adding new Section 23 -624.1 as follows: Section 23- 624.1. MOTOR VFHICLE TITLE PAWN TRANSACTIONS. Subd. 1. In addition to the other_ requirements of this section. a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction shall: a. be licensed as a motor vehicle dealer under Minnesota Statutes section 168.27. and post such license on the pawnshop premises: b. verify that there are no liens or encumbrances against the motor vehicle with the department of public safety: co verify that the nlehor has automobile insurance on the motor vehicle as rea_uired by law. Section 10. Brooklyn Center Code, Section 23 -626 is amended as follows: Section 23 -626. PROHIBITED ACTS AND SIGNAGE. Subdivision 1. Minors: A minor may not sell or consign, or attempt to sell or consign, goods with a secondhand goods dealer or pawnbroker. A secondhand goods dealer or pawnbroker may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or pawnbroker may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer or pawnbroker may not receive goods, unless the seller presents identification in the form of a valid picture driver's license or official state photo identification, united States passport or military I.D. Subdivision 4. Ownership: No person may pawn. sell. or deposit any article of oronertv that is not their own. Subdivision 5. State Statutes: In the case of pawn transactions. violation of Minnesota Statutes. Chapter 325J is a violation of this section. Subdivision 6. Signage: A sign must be conspicuously posted on each licensed premises that is not less than four feet square in surface area, comprised of lettering not less than 3/4" high stating the following: i CLL131807 BR291 -s 7 To pawn or sell property: A. You must be at least 18 vears of age. B. You must be the true owner of the provertv. C. The propertv must be free of all claims and liens. D. You must present valid photo identification. E. Violation of anv of these requirements is a crime. Section 11. Brooklyn Center Code, Section 23 -628 is amended as follows: Section 23 -628. REDEMPTION. A person who pawns an item shall have at least 120 days to redeem the item before it may be sold. Redemption and effect of nonredemption shall otherwise be Lyoverned by Minnesota Statutes Chapter 325J. Section 12. Brooklyn Center Code, Section 23 -629 is amended as follows: Section 23 -629. PAYMENTS BY CHECK. When a seee dhana goods de a le r- pawnbroker makes payment for an item pledged or received at the license place of business, payment must be made by check, made payable to the named payee, who is actually the intended seller. When a secondhand goods dealer makes navment in an amount ereater than one hundred dollars ($100) for an item or items received from a single seller at the licensed place of business pavment must be made by check. payable to the named navee. who is actually the intended seller. Section 13. Brooklyn Center Code, Section 23 -630 is amended as follows: Section 23 -630. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter—,Ht and search business premises licensed under this section, or offsite stora.e facilities of the licensee. during normal business hours, without a warrant for the purpose of inspecting such premises and the records and articles therein Section 14. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. CLL13 ISO 7 p BR291 -4 O • Adopted this day of 1997. Mayor ATTEST- Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • • CLL131807 BR291 -4 9 City Council Agenda Item No. 9c April 27, 1998 G:.�SON -\.ND GLI:LL -NND A-T T O IZ E Y S AT T.AW PROFESSIONAL LIMITED LIABILITY PARTNERSHIP JEFFREY A. CARSON 6300 SHINGLE CREEK PARKWAY, SUITE 305 TELEPHONE WILLIAM G. CLELLANO (6121 561 - 2800 MINNEAPOLIS, MINNESOTA 55430-2 190 ELLEN M. SCHREDER FAX ANN L. HARBINSON (612) 561 -1943 16 April 1998 Mr. Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 RE: Leonard Martin, 4746 Lakeview Avenue North Dear Mike: Enclosed please find a Resolution and Order in the above- entitled matter. Please put in on the agenda for the May 11, 1998 meeting. Thank you. Sincerely, CARSON AND CLELLAND William G. Clelland WGC �j p Encl�res • adoption: Member introduced the following resolution and moved its 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 4746 LAKEVIEW AVENUE NORTH, BROOKLYN CENTER, MINNESOTA 55430 LEGALLY DESCRIBED AS THE WEST 15 FEET OF THE EAST '/2 OF LOTS 7 AND 8; WEST '/2 OF LOTS 7 AND 8, BLOCK 2, "LAKEBREEZE ADDITION, HENNEPIN COUNTY, MINNESOTA," ACCORDING TO THE PLAT THEREOF ON FILE OR OF RECORD IN THE OFFICE OF THE REGISTER OF DEEDS IN AND FOR SAID COUNTY, IN THE CITY OF BROOKLYN C ENTER, HENNEPIN COUNT 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 Ordinance 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 p ublic 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 WIEREAS, City Inspectors have inspected the above- described premises in October, 1997, and found that the single - family home thereon is in poor condition, suffering from a lack of exterior paint, rotted exterior wood on the soffit, fascia and trim, suffers from a defective roof which needs repair or replacement to make it watertiaht, is missing an exterior storm door and the garage on said premises needs repair to its garage doors and must be painted, and further found numerous statutory and ordinance violations on said property including the storage and accumulation of junk, furniture, appliances, machinery, auto parts, fencing materials, plastic tarpaulins, shelving, cabinets, cans, toys, tools, cardboard debris, glass, batteries, leaf and brush piles, and further found on said premises numerous non- licensed and inoperable motor vehicles and trailers; and • RESOLUTION NO. WHEREAS, City Inspectors further found on said remises during said Y P p g inspection, that the exterior wiring leading from the home was not installed and /or certified by a licensed electrician, and that there also exists on the premises four (4) sheds and lean -tos, which exceeds the number of accessory buildings which may be present on the property, and that the sidewalks on said property are in need of repair; and WHEREAS, the City Council adopts the finding 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 Theresa Lee Hasbrouck, married to Leroy A. Hasbrouck, Jr., and Leonard Martin, who maintains life estate therein; and WHEREAS, Leonard Martin and Theresa Lee Hasbrouck 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, Leonard Martin and Theresa Lee Hasbrouck 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 4746 Lakeview Avenue North, 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 4746 Lakeview Avenue North, Brooklyn Center, Minnesota 55430 constitutes a hazardous property and a public nuisance within the meaning of Minnesota Statutes §46' Brooklyn Center Ordinances Chapters 19 and 12 due to the presence of the storage of great quantities of junk, furniture and appliances, machinery, auto parts, building materials, shelving, cabinets, tools, lumber, leaf and brush piles, inoperable and unlicensed junk motor vehicles and trailers, and deterioration of the fencing, garage and dwelling. 3. The City finds that there is present at said property a greater number of accessory structures than permitted by Chapter 35 of the City Ordinances, and that the accessory structures are in violation of the City Ordinances must be removed. 4. The repair to the single- family home, garage, fencing and sidewalks and the abatement of nuisances thereon by removal of all of the debris, junk, motor vehicles, auto parts, debris and the like, recited, supra, is hereby ordered by the City Council of the City of Brooklyn Center as follows: RESOLUTION NO. • a. Repair and/or replacement of all rotted exterior wood on the dwelling, repair or replacement of the roof of the dwelling, repair of the garage doors of said garage, repair and/or removal of uneven sidewalks, repainting of all surfaces of the dwelling and garage following repair, workmanlike manner such that the exterior of the home shall comply with the provisions of Chapter 12 of the City Ordinances. b. Inspection, and if necessary, repair or rewiring of the external electrical wiring such that it shall meet all applicable building codes and City Ordinances. c. 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 3 5-3 10 and 35 -530 of the City Ordinances. d. The removal of all junk motor vehicles and trailers, debris, junk, furniture, shelving, tools, brush piles, refuse, and the like as recited herein. e. Repair or replacement of existing fences such that they shall conform to • Section 12 -706 of the City Ordinances. 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 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. 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 follotiving voted against the same: • whereupon said resolution was declared duly passed and adopted. • ORDER FOR H C FOR T HE ORRECTION OF HAZARDOUS CONDITIONS AND THE ABATEMENT OF PUBLIC NUISANCES EXISTING AT 4746 LAKEVIEW AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55430 The City Council of the City of Brooklyn Center, Minnesota, pursuant to Resolution No. herewith orders Leonard Martin, Theresa Lee Hasbrouck and Leroy A. Hasbrouck, Jr. to correct those hazardous conditions and to abate those public nuisances existing at 4746 Lakeview Avneue North, 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 • 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 • City Council Agenda Item No. 9d April 27, 1998 PROCLAMATION DECLARING THE WEEK OF APRIL 26 THROUGH MAY 2, 1998, AS SKIP A MEAL FOR THE WORLD'S CHILDREN WEEK WHEREAS, iodine deficiency disorders are the leading preventible cause of mental retardation in the world today; and Kiwanis clubs around the world have pledged to raise $75 million to assist nations in virtually eliminating IDD by the year 2000; and WHEREAS, during the week of April 26 through May 2, 1998, more than 600,000 members of Kiwanis clubs and Kiwanis- sponsored youth organizations will skip a meal and donate the cost of that meal to the IDD campaign; and WHEREAS, it only costs 5 cents to protect a chid from IDD for a year, so that the cost of one meal can protect from 25 to 50 to 100 or more children. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of April 26 through May 2, 1998, as Skip a Meal for the World's Children Week in Brooklyn Center and encourage all our citizens to support the Kiwanis campaign to save the world's children form mental retardation. Date Mayor Attest: City Clerk Tape this news release on your club letterhead, double- member who can answer calls from the public during the spaced (one blank line between each typed line), and add day and evening. Submit the release to your local .he appropriate local information indicated by the newspapers and broadcast stations early in the week prior underlined words. In the last paragraph, designate a club ;o Skip A Aleal Week. I a Hungry Kiwanis Club Members Combat Mental Retardation The 38 members of the Kiwanis Club of Smithville will be skipping a meal during the week of April 26-May 2 and donating the cost to help eliminate the leading preventable cause of mental retardation in the world today. In partnership with the United Nations Children's Fund, Kiwanis clubs have pledged to raise S75 million to help nations virtually eliminate iodine deficiency disorders (IDD) by the year 2000. The campaign is Kiwanis International's first Worldwide Service Project. Iodine is needed by the human body to produce the hormones that regulate brain and nervous system develop- ment. Lack of iodine during prenatal development and early infancy can cause severe mental and physical disabilities. IDD has been virtually eliminated in industrial coup ics like the United States by the universal consumption of iodized salt. But in the rest of the world, about 1.5 billion people live in areas at risk of iodine defciencv. Saturday, May 2, is Global IDD Day. The week leading up to IDD Day has been designated Skip A Meal for the World's Children Week. The Smithville Kiwanis members will be joining more than 600,000 other members of Kiwanis clubs and Kiwanis- sponsored youth groups who will skip a meal and donate the cost to the IDD campaign. The Kiwanis- sponsored youth groups include Builders Clubs in junior high and middle schools, Key Clubs in high schools, and Circle K clubs on college and university campuses. "It only takes 5 cents to protect a child from IDD for a year," says Smithville Kiwanis club president Allen Browne "so the cost of one meal can protect 25, 50, or even IM children. Skip A Meal for the World's Children Neck is ust a small art of our worldwide I g But big • r J P DD campaign. this ore event can have a g Impact iI evcryone participates. We invite our fellow service clubs, churches, workplace groups, and everyone else to join us in saving the world's children from mental retardation." The Kiwanis Worldwide Service Project has already raised more than S25 million. Kiwanis funds are assisting IDD programs in more than 50 nations. UNICEF estimates that these Kiwanis- funded IDD programs have now saved more than 4 million children from mental retardation. For more information about Skip A .heal for the Wor!d's Children Week and the IDD carnnaign, contact: Name and ohone numbers of club member who can 'handle ca.: NE1VS CONTACT. Name and r. hone nuT` ;,r c! ?R c ^air or other me r oer who ca "7- ide additional, inttorrnmior for ne%vg reporters. i i Reportin Your Skip A a • Succ "Join the f ast for children: participate • in Global IUD Day," says Between April 26 international Use the transmittal fornn below to report and May 1, 1998 President r NAalte r ernati .Sellers. and receive credit for the dollars raised towards your IDD Club Goal during the "While you are 10111* week of April 2G -May .l, 1998. -, m m KIP A MEAL is a worldwide deonstra- hoetown, )lour ) ` ed by uteri and tion of Kiwanis F ainily service. Men)bers Wonten in Asia he Americas, Reminder: Skip A Meal is in a ddition i3 all over the world will show their support Africa, and t e Pacific," says to your club's IDD DAY activities Q for children by giving tip one meal. The camp g chairman Allen H'cic_.J � (community education and collection). cost of the meal skipped will be used to 17 mm L � Delp funs! file Worldwide Service Project Pr t April 6tli, re ort t ur lieutena to eliminate the leading cause of prevent- p nt Skip A Meal '1'ransmittrtl I +orm t error or the division �)rldwide service able mental retardation front the Lace of roject chairperson t i You' club V II be Club Name +�`� P� 1�1 S V - 16 W_A/y the earth: iodine deficiency })anticipating in t p ping thtl', � filclre►t. - \Ldisordels ( IDD). Club Key Number KO - 7' C 3 `j Order y(►u • +IZE , cluneti a b 1 Il()1Y '1'U: packet Skii6A Meal an ay) Club Contact Name _L1.�? �_ 14 ri S a t 1. Skip a club meeting m t) eal and contribt to ' ' nlr FREE o, ers and into Cards Q the cost of that m er your I eal; donate the equivalent lk:ki )D it J c�rnisters g District M 1� A 1 - _ — cost of your club meeting meal; or bring; luid handling m s only) out meal frog � your » hot e (brown bag) to your Too tour aterir Is, p m I onI ict the We had unebels parlicipate club meeting and contribute the cost of 'c �ide Service I' o' t during the week of April 20-Rlay 1, 1998, partn)ent at Your club meeting meal. anus Intern Za it re April I, 19 8 for SKIP A MEAL to save children live% Enclosed is a check that represents 2. Skip a ineal through the week and to ensure that our lb receives the $ collected. �} donate flue cost of that meal. Make it a materials in it ti I , manner. Call tha Please credit our club contribution family commitment to the IDD project numbef below. accordingly. r r 3. Sl)oc� our sc}iool dace 1-800-549-2647 � , s of Worshi 1 p, ext. #262 Mail to: Kiwanis international Foundation and community how they can help the After May 2, report to your Attn: WSP Funds Processing 3636 Woodview Trace world's children by skipping i t meal. division leadership What Indianapolis, IN 46268 - 3196 USA � your club accomplished � , , for Skip A Meal and IDD DAY. Please Remit Skip A Meal funds no later ' than May 30, 1998. Find Skip A Meal information and materials on the Web at wwNv.kiwanis.org /wsp /skip.litm. • City Council Agenda Item No. 9e April 27, 1998 MEMORANDUM To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speci ist +^✓ Date: April 22, 1998 Subject: Uses Abutting Open Space Zones Attached is the Planning Commission's memorandum regarding the City Council's requested review of uses abutting open space zones in Brooklyn Center. The Planning Commission adopted the report on April 16, 1998 and requested that it be forwarded to the City Council. The recommendation was made after review, discussion and deliberation by the Planning Commission on two occasions, February 11, and April 16, 1998. Attachment MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Planning Advisory Commission DATE: April 16, 1998 SUBJECT: Uses Abutting Open Space Zones i You have requested the Planning Commission to review the appropriateness of certain land uses abutting open space zoning districts within the City of Brooklyn Center. This question came about when the Pep Boys, Inc. proposal to locate in the Brookdale Square Shopping Center came before the City Council. The Pep Boys use involved a retail auto parts business that included an automobile service and repair operation. Originally, it was believed that the zoning ordinance would not allow the auto repair /service operation because it was to be located across Shingle Creek Parkway from the City owned Shingle Creek greenstrip that was thought to be zoned R -1. Further review of the land use designation showed that the property in question, and a larger area as well, were actually located in an 0-1 (Public Open Space) zoning district and the project was allowed to proceed because no prohibited abutment existed. The question now before the Planning Commission is whether uses such as auto repair and service and possibly other uses not allowed to abut or be adjacent to certain residential zones, should be prohibited from abutting open space zones. Zoning in general is an attempt to regulate the use and development of land by dividing a community into various districts containing compatible uses and to separate incompatible uses from each other. Our zoning ordinance divides the community into four general categories of zoning districts; residential, commercial, industrial and open space. We have two open space zoning districts; the 0-1 (Public Open Space District), which allows as permitted uses public parks, playgrounds, athletic fields and other recreational uses of a non - commercial nature and accessory uses incidental to these principal uses. The O -? (Public and Private Open Space District) allows as permitted uses public parks, playgrounds, athletic fields and other recreational uses of a non - commercial nature and commercial recreational facilities of a semi -open nature, such as golf courses and golf driving ranges. Accessory uses incidental to these principal uses are also allowed. Open spaces are lands that are largely free of man made structures and are often used for protecting areas unsuited for other forms of urban development, such as environmentally sensitive areas like wetlands and flood plains. Open space areas are also used for providing a buffer or transitional area between incompatible land uses such as a separation between residential areas and incompatible commercial or industrial areas. Open spaces have also been • used to screen one use from another. In Brooklyn Center's case, the open space zoning designations have been used for all of the above mentioned purposes and our open space zones abut almost all types of residential, commercial and industrial zoning districts. The Planning Commission does not believe that the open space zoning districts need extraordinary protection from abutting commercial and industrial areas and the uses contained in them. In many cases, the open space zoning district serves as a buffer or transitional area between the more sensitive residential areas and the more intense commercial or industrial areas. Although open space areas could include some environmentally sensitive areas, they generally do not need to be protected from other land uses other than through the various environmental regulations established. The noise and vibration for instance that comes from an auto repair operation should not cause a detrimental impact on open space zones and, therefore, does not need to be prevented from abutting such uses. The Planning Commission unanimously recommends no changes be made to the zoning ordinance at this time that would require extraordinary separation or buffering beyond what is required currently in the zoning ordinance. This position, for the most part, is based on the fact that our open space zones serve as either a buffer between sensitive and intense zones or as a protector of park and open space areas. We hope this memo addresses the City Council's inquiry in an appropriate manner. Respectfully, I'im Willson, Planning Commission Chair CC: Michael McCauley, City Manager City Council Agenda Item No. 9f April 27, 1998 .�nox�Ya cEyTF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Joel Downer DATE: April 20, 1998 SUBJECT: Disposal of Property The City of Brooklyn Center has a long history of holding a City auction in the spring of each year. The auction is held at the public works garage for the purpose of auctioning off abandoned or confiscated property from the police evidence room as well as disposable City property. The police department evidence area is overflowing with property that either needs to be held as • evidence for criminal prosecution or is waiting to be claimed by the rightful owner. An additional amount of property is considered abandoned or unclaimed and is being held for the City auction. The 1997 City auction was one of the largest ever conducted. The Gross income was approximately $21,300. The City showed a net profit of just under $5,000. (See attached list of expenditures.) The itemized list of expenditures does not include many of the hours spent by City administrative staff, City maintenance staff, and the property room manager in preparation for the auction. '�,lany of the hours spent by the police department property room manager will remain the same if an alternative to a City auction is explored. City Manager Michael McCauley, Public `Yorks Director Diane Spector. and Police Chief Joel Downer met with City Garage employees to gain' heir input on the proposal to change from a City auction to an auction house. Discussion centered around the loss of overtime for Citv garage workers and the lost opportunity for residents of Brooklyn Center, especially children, to purchase bicycles at a low cost. The loss of overtime did not seem to concern a great deal of the Citv garage crew. The recollection of those who have worked previous auctions was that many bicycle dealers actually purchase the best bikes from the auction for a resale at their retail outlets. Discussion continued regarding the type of items that would be appropriate to send to an auction house. It was determined that items such as trucks, cars. and other large maintenance equipment would still go through the Hennepin County auction in order to gain top dollar. Memorandum Page 2 t Several City garage workers approached me after the meeting and recommended that the City use the auction house service in order to more quickly dispose of property. The staffing for any future City auction may include an off duty police officer for crowd control and an additional clerk to speed the claiming process. The following auction services were contacted to determine the services that they offered: I. Anoka - Fridley Auctions 17020 Highway 10 Big Lake, Minnesota, 55309 Contact person: i&s. June Link Telephone: 263 -6800 Anoka- Fridley Auctions provide the following: - Transportation of all merchandise from a City of Brooklyn Center facility to the Anoka- Fridley Auctions house in Big Lake. - The auction service may be used as frequently as the City of Brooklyn Center desires. i - The auctioneer's fee is 350 of gross sales plus $150 advertising fee. - Anoka- Fridley Auctions will remit the net proceeds to the City of Brooklyn Center within 10 days of the sale. - The City of Brooklyn Center is responsible for tagging individual items and auction lots with identification numbers so the auction house may easily track the merchandise. Other cities successfully using Anoka - Fridley Auctions are the City of Becker, the City of Brooklyn Park, the City of Elk River, and the City of' linretonka. 2. Auction Masters 19150 Territorial Road Osseo. )vN 55369 Auction Masters provide the following: Transportation of all merchandise from a City of Brooklyn Center facility to the • Auction Masters auction house in Osseo is available for a fee of S45 per hour which includes a truck and two movers. There is no restriction on how frequently the auction service is used. Memorandum Page 3 - The auctioneer's fee is 25% of gross sales which includes advertising, set up of auction, and storage. - Auction Masters will remit the net proceeds to the City of Brooklyn Center within 10 days of the sale. - Auction Masters charges a "dump" fee if an item does not sell during the course of several auctions. - The City of Brooklyn Center is responsible for tagging individual items and auction lots with identification numbers so the auction house may easily track the merchandise. 3. Fred W. Radde & Sons, Inc. 5545 County Road 33 New Germany, MN 55367 Radde auction service does not provide transportation of goods nor do they offer storage space at their facility. - Auctions may be conducted as frequently as monthly. Auction fees are based on a sliding scale and it appears that the City of Brooklyn Center would pay 8% for the auction fee. The City is also responsible for paying advertising expenses. Radde auction center will remit net proceeds to the City of Brooklyn Center within five working days of the sale. All individual items and auction lots are taQ-ed by the on -site staff at Radde's auction house. 4. Christian Auction (Quickie Auction House) 22895 141 st Ave NW Rogers. �vN 55374 (No Reply Received) 5. Harvey Auction Service 19976 Erskin Street NE • East Bethel. MiN 55092 (No Reply Received) Nlemorandum Pa,e 4 I would like to see the City of Brooklyn Center contract with Anoka- Fridley Auctions to provide property disposal service as an alternative to the annual City auction. Anoka - Fridley Auctions history with other municipalities and the availability of transportation and storage of merchandise make their service a cost effective option. Attached to this memorandum is a sample contract from Anoka- Fridley Auctions. Also attached to this memorandum is a sample letter sent to the auction services listed in this memo. JD:kh aurianImem 1 • • The Citv of Brooklyn Center has a long history of conducting a City auction in the spring of each year. We are now exploring cost effective options which may replace the City auction. Typical auction items include electronic equipment, bicycles. office equipment, abandoned prope.rry. and City propemr that is no longer used. Tine City of Brooklyn Center is interested in detennini.-lg if your auction service provides: a . 7?- atior. of all merchandise corn our facility to vours. B. , W-lat se. , ices the Ciro must orovide re_arding tagging of items and so=.Q into auction • lots. _ _ _ C. now i57ecuently can the City use your auction servic ? D. T there a limit on type of property a*�d equipment winch may be auctioned? B. % hat is die auct ioneer . s fee. r. how soon are auction proceeds remixed to the Citt ?lease include any other pertinent information including a sample contract. The information must be received by R ednesday, March 4. 1998 at 1:00 pm. Responses maybe sent to: Chief loel Downer number 561-0717 or to the Brooklyn a P D C :� 1 nter 1 ollce Depar�ent. 03301 Shingle Creek _ � �� . Brooklyn Center. �Lv 3;0-_.99. C.. Sirlc�re�v, JOeI Do��T?er C;:lv: OI �vl :Ce ::i.:l • Auction Expenditures 1997 Gross $21,279.90 Auctioneer Cost 1,489.59 Bill West Towing 1,741.51 Police Accounts 534.88 Drug Forfeiture 8,998.83 Personnel - Prior to Auction 1,759.80 Personnel - Day of Auction 1,452.43 Advertising 1,341.49 Net Profit $ 4,961.37 Note: The time spent by the police property room manager is not included in the expenditures. auction I.wpd 0 City Council Agenda Item No. 9h April 27, 1998 Office of the City Manager City o f Brooklyn Center A great place to start. A great place to stay. • Michael I McCauley City Manager MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, ilstrom, s an, Peppe FROM: Michael J. McCauley, City Manager DATE: April 8, 1998 SUBJECT: Set Date and Time for Council Work Sessions I would request that general work sessions be set for Monday, May 18, 1998, 7 p.m., and Monday, June 15, 1998, 7 p.m., in City Hall Conference Room B. • 6301 Shingle Creek Pkwy, Brooklyn Center, 11N 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • F_4X (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 0 City Council Agenda Item No. 9i April 27 1998 • • MEMORANDUM DATE: April 20, 1998 TO: Diane Spector r' FROM: Joyce Gulset SUBJECT: 1998 Forestry Activities TREE CITY USA Brooklyn Center has received national recognition by being named a Tree City USA by The National Arbor Day Foundation. It is the sixth year that our City has received the designation. The program is sponsored by The National Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters and the designation must be renewed annually. To maintain Tree City USA status a cotnmunit y must meet four standards: a tree board or department, a city tree ordinance, a comprehensive community forestry program, and an Arbor Day observance. An effective community forestry program is an ongoing process of growth and • renewal —a program of planting and care that continues through the years. The Tree City USA award is an excellent indication that there is a solid foundation for that process of improvement. The State of Minnesota ranks third in the nation with its 132 communities that received the designation Tree City USA. Joyce Gulseth and Ole Nelson attended the presentation ceremony and informal awards luncheon for the Metro Region communities hosted by the DNR, Division of Forestry on Thursday, March 26, 1998. Attached is a resolution recognizing the designation of Brooklyn Center as a Tree City USA. ARBOR DAY CELEBRATION Attached is a proclamation declaring April 24 as Arbor Day, and May, 1998 as Arbor Month in Brooklyn Center. The City of Brooklyn Center along with students from Earle Brown Elementary will celebrate Arbor Day in mid -May at Grandview Park where we established our first `outdoor classroom" in 1994. Enhancements will be made to the original planting area by Student Council members who will assist City park personnel in planting trees and other landscape material. ® In preparation for the event I am providing every classroom instructor with a copy of Teachers' Guide to Arbor 11lonth, a cross - curricular thematic unit offering ideas for dozens of learning activities to supplement daily lessons In language arts, math, music and art, social studies, science and health, and physical education. Environmental education is integrated throughout other subject areas. A field trip to the Minnesota Landscape Arboretum will provide incentive for students to participate in individual classroom contests. Two winners from each room will enjoy a day at the Arboretum with seminars, tours and a box lunch. The Brooklyn Center Lion's Club will be funding the costs involved. i • • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A TREE CITY USA WHEREAS, die City of Brooklyn Center is committed to preserving and enhancing its urban forest; and WHEREAS, the National Arbor Day Foundation, upon the recommendation of the State of Minnesota forester, has designated Brooklyn Center as a Tree Citv USA in recognition of 1997 forestry activities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Council hereby recognizes and accepts the designation of Tree City USA on behalf of the residents of Brooklyn Center. • 2. The Council reaffirms its commitment to urban forestry, and directs staff to, within the constraints of existing resources, continue a high level of maintenance and reforestation efforts. 3. The Council commends city staff and the residents of Brooklyn Center for their work in maintaining and enhancing Brooklyn Center's urban forest. 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. • PROCLAMATION DECLARING APRIL 24, 1995, ARBOR DAY AND MAY 1998 ARBOR MONTH IN BROOKLYN CENTER WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by purifying air and water, helping conserve soil and energy, creating jobs through a large forest products industry, serving as recreational settings, providing habitat for wildlife of all kinds b and making our cities more livable; and WHEREAS, Trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Human activities such as construction damage and pollution, as well as drought, disease and insects threaten our trees, creating the need for concerted action to ensure the future of urban and rural forests in our state, country, and world; and • WHEREAS, We are in a decade that emphasizes the environment and how people can positively impact world problems like "global warming" by locally planting trees and ensuring that these trees are nurtured, protected, and wisely used in the years ahead; and WHEREAS, Brooklyn Center has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree - planting ways. i NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim April 24, 1995, Arbor Day and May 1998 as Arbor Month in the City Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Date Mayor Attest: City Clerk • City Council Agenda Item No. 9j April 27, 1998 MEMORANDUM • DATE: April 22, 1998 TO: Michael McCauley, City Manager FROM: Jim Glasoe, Director of Community Activities, Recreation and Services SUBJECT: Resolution Expressing Appreciation for the Gifts of the Brooklyn Center Lions Club in Support of the Annual Sunday in Central Park and Arbor Day Activities The Brooklyn Center Lions Club has presented to the City donations of one thousand seven hundred and fifty dollars ($1,750) and three hundred dollars ($300) and has designated that they be used for the Sunday in Central Park and Arbor Day activities respectively. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFTS OF THE BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL SUNDAY IN CENTRAL PARK AND ARBOR DAY ACTIVITIES WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of one thousand seven hundred and fifty dollars ($1,750) and has designated that it be used for the Sunday in Central Park activities; and WHEREAS, the Brooklyn Center Lions Club has presented to the City a donation of three hundred dollars ($300) and has designated that it be used for the annual Arbor Day activities; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Lions Club for its civic efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. Acknowledges the donations with gratitude. 2. Appropriates the donations to the special events program. I Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City Council Agenda Item No. 9k April 27, 1998 • • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM REPRESENTATIVES TRIMBLE, GUNTHER, AND HAAS WHEREAS, Representatives Trimble, Gunther, and Haas were co- authors of H.F. 280 to assist the City of Brooklyn Center in the completion of the Earle Brown Heritage Center restoration and the provision of adequate parking; and WHEREAS, the legislative efforts supported by Representatives Trimble, Gunther, and Haas have resulted in assistance being provided to the City of Brooklyn Center that will enable the restoration of the G Barn and the creation of adequate surface parking to go forward. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Representatives Trimble, Gunther, and Haas be and hereby are recognized and thanked for their efforts on behalf of the restoration of the Earle Brown Heritage Center in the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City. Council Agenda Item No. 91 April 27, 1998 • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING APPRECIATION FOR ASSISTANCE FROM SENATORS BETZOLD, JUNGE, AND HIGGINS WHEREAS, Senators Betzold, Junge, and Higgins were co- authors of S.F. 2321 to assist the City of Brooklyn Center in the completion of the Earle Brown Heritage Center restoration and the provision of adequate parking; and WHEREAS, the legislative efforts supported by Senators Betzold, Junge, and Higgins have resulted in assistance being provided to the City of Brooklyn Center that will enable the restoration of the G Barn and the creation of adequate surface parking to go forward. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Senators Betzold, Junge, and Higgins be and hereby are recognized and thanked for their efforts on behalf of the restoration of the Earle Brown Heritage Center in the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9m April 27, 1998 • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING EFFORTS OF REPRESENTATIVES LUTHER, ABRAMS, AND HAAS ON BEHALF OF THE CITY OF BROOKLYN CENTER WHEREAS, Representatives Luther, Abrams, and Haas were co- authors of H.F. 2783 providing special district taxing authority to the City of Brooklyn Center to facilitate redevelopment planning for the Brookdale Mall; and WHEREAS, the efforts of Representatives Luther, Abrams, and Haas were instrumental in the final legislation resulting in the ability to use special district taxation as a means of ensuring that sufficient tax revenues would be received as set forth in potential assessment agreements that would be reached in connection with the redevelopment of Brookdale; and WHEREAS, this legislation facilitates the ability of the City to enter into discussions for a redevelopment. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of • Brooklyn Center that Representatives Luther, Abrams, and Haas be and hereby are recognized and thanked for their legislative efforts resulting in special district legislation authorization for the City of Brooklyn Center that will be of great assistance in structuring redevelopment agreements for the Brookdale Shopping Center, an integral part of the northwest suburban metropolitan area's vitality. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i • City Council Agency Item No. 9n April 27, 1998 • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING EFFORTS AND ASSISTANCE PROVIDED BY SPEAKER PHIL CARRUTHERS WHEREAS, Speaker Carruthers, in the recently completed legislative session, was instrumental in the passage of legislation to assist the City of Brooklyn Center in two major projects; and WHEREAS, Speaker Carruthers initiated efforts to provide State assistance for the restoration of the Earle Brown Heritage Center and the provision of adequate parking; and WHEREAS, without the great interest and energy invested by Speaker Carruthers in pursuing legislation to provide special taxing district authority for the Brookdale area, the City's ability to negotiate potential redevelopment project agreements would have been limited by factors beyond the City's control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Speaker Phil Carruthers be and hereby is recognized and thanked for his many efforts on behalf of the City of Brooklyn Center in this past legislative session, especially for his efforts that resulted in the passage of legislation granting special district authority to the City of Brooklyn Center that would be necessary for the City to accurately predict the impact of the redevelopment of Brookdale in connection with the development of a redevelopment agreement for the Brookdale Center, for Speaker Carruthers' efforts that identified and resulted in the City of Brooklyn Center receiving an exemption from sales tar charges for the final phase of the restoration project at the Earle Brown Heritage Center, and for Speaker Carruthers' initiative in identifying the potential to seek funding for the final phase of the restoration of the Earle Brown Heritage Center and the provision of adequate parking and his tireless efforts that have resulted in a grant from the State of Minnesota to fund this final stage of restoration and creation of adequate parking. 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. 90 April 27, 1998 • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING REPRESENTATIVE LYNDON CARLSON FOR HIS LEGISLATIVE EFFORTS ON BEHALF OF THE CITY OF BROOKLYN CENTER WHEREAS, Representative Lyndon Carlson was the chief House author of H.F. 2580 to provide assistance to the City of Brooklyn Center for the completion of the Earle Brown Heritage Center and the provision of adequate parking; and WHEREAS, Representative Lyndon Carlson was a co- author of H.F. 2783 to provide special district taxing authority for the City of Brooklyn Center in connection with the redevelopment of Brookdale; and WHEREAS, Representative Lyndon Carlson actively worked throughout the legislative session for the passage of H.F. 2783 and H.F. 2580; and WHEREAS, Representative Lyndon Carlson served in a key role on the House /Senate Bonding Bill Conference Committee; and ® WHEREAS, Representative Lyndon Carlson's efforts on behalf of the City of Brooklyn Center have resulted in the City receiving special taxing district authority for Brookdale and a $2.5 Million grant from the State of Minnesota to complete the historic restoration and provision of adequate parking for the Earle Brown Heritage Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Representative Lyndon Carlson be and hereby is recognized and thanked for his many efforts on behalf of the City of Brooklyn Center during this past legislative session. 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. 9 April 27, 1998 Member introduced the following resolution and moved its adoption: r RESOLUTION NO. RESOLUTION OF APPRECIATION FOR SENATOR LINDA SCHEID WHEREAS, Senator Linda Scheid was the chief Senate author of S.F. 2408 providing for special taxing district authority for the City of Brooklyn Center in connection with the Brookdale area; and WHEREAS, Senator Linda Scheid was the chief Senate author of S.F. 2321 to provide funds to assist the City of Brooklyn Center in the final phase of restoration at the Earle Brown Heritage Center and the provision of adequate parking; and WHEREAS, Senator Linda Scheid worked diligently on behalf of the City of Brooklyn Center in advancing the passage of this legislation; and WHEREAS, Senator Linda Scheid's efforts in the Senate were of critical importance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Senator Linda Scheid be and hereby is recognized and thanked for her many efforts on behalf of Brooklyn Center during this past legislative session that resulted in final adoption of legislation providing the City with special taxing district authority that will assist in the development and redevelopment of Brookdale and the passage of legislation providing a $2.5 Million State grant for the final phase of restoration at the Earle Brown Heritage Center and the provision of adequate parking. 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 loo. 9q .April 27, 1998 • • i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGNIZING EFFORTS OF SENATORS JUNGE, HIGGINS, PAPPAS, AND NOVAK ON BEHALF OF THE CITY OF BROOKLYN CENTER WHEREAS, Senators Junge, Higgins, Pappas, and Novak were co- authors of S.F. 2403 providing special district taxing authority to the City of Brooklyn Center to facilitate redevelopment planning for the Brookdale Mall; and Zn WHEREAS, the efforts of Senators Junge, Higgins, Pappas, and Novak were instrumental in the final legislation resulting in the ability to use special district taxation as a means of ensuring that sufficient tax revenues would be received as set forth in potential assessment agreements that would be reached in connection with the redevelopment of Brookdale; and WHEREAS, this legislation facilitates the ability of the City to enter into discussions for a redevelopment of Brookdale. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Senators Junge, Higgins, Pappas, and Novak be and hereby are recognized and thanked for their legislative efforts resulting in special district legislation authorization for the City of Brooklyn Center that will be of great assistance in structuring redevelopment agreements for the Brookdale Shopping Center, an integral part of the northwest suburban metropolitan area's vitality. 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. 9r April 27 1998 City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, Lasman, and Peppe { FROM: Michael J. McCauley, City Manager DATE: • 2 ^ L-% Z E. April _�, 1998 SUBJECT: 6842 West River Road Attached please find the materials that Mr. Clelland served which indicated an April 27th date. This was on the last Council agenda and adopted. However, to avoid any confusion with respect to the date it has been placed on the agenda again. I was contacted by the owner, David Berg. Mr. Berg has experienced some difficulties but is interested in working out a strict time table for compliance efforts. I would ask that the matter be tabled for two weeks to allow Mr. Berg and the inspectors to work on a compliance time table that could be incorporated into an order. • Attachment • 6301 Shingle Creek Pkicy, Brooklyn Center, YIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAY (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer GLELLA- D : \TT+D ItN F YS AT • PROFcSSiCN aL '..I .ui ^_O LIA9iU 7Y ?AR7NERSr+ia JEFF REY A. C A R S CN C �_`,� 5 7EL o3C.. SHINGLE C PARKWAY. 51117E 3C_ - c P WILLIAM v. CLELLANO 1 512 561-23CO ELLEN M. SC:.,REOE :.R MINNEAPOLIS. , -IN.NES07A 55430.219C F.�X ANN L. HARSINS0N SS; IBa3 7 April 1998 us. Michael J. McCauley City of Brooklyn Center 6301 Shingle Creek parkway Brookivn 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 t:7is address. - aim arranging service of the documents ucon the homeowner and the bank so that they can attend zhe council meeting on 27 April 1998 if they wish. I am proceeding both under the state hazardous building statute, Minn. Stat. §40'3 as well as Chapters 12 and 19 of your Ordinances. The state statL does not reculre a hearing but City Ord 12-1206 does provice for a hearl.na 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 ceoies and I will arrange for service of the Order upon the homeowner and bank, and we will fellow up with enforcement as cu as possible in the event that the nuisances are not abated. Sincerely, C ?RSON AiNL D CLELLAND i r7illialn�G. Clelland vGC :cn r `Iember introduced the followina 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 SOUTHwEEST CORNER OF SAID LOT 2 AS ; EASURED ALONG SAID SOUTH LINE; THENCE NORTHERLY TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING A DIST "NCE OF 387 FEET EAST OF THE NCRTHWEST 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 sec de fines a hazardous bulding or hazardous property as any buddin or property which because of inadecuate maintenance, dilapidation, physical damage, unsanitary condition er abandonment constitutes a Tire hazard or hazard to the public safety or health; and WHEREAS, Brooklyn. Center City Ordinances Chanters 19 -103 specifically defines as nuisances and prohibits the same, the presence on any real property of any accumulation of rubbish, g arage, Junk, disL'sed furni lure, appliances, eQL'lpment, Junk m vehicl build?ng materials, scrap lu -inber 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 b harorage f or ver nin, rats and Other an L pals who Ma nose a danger to the public safety and health and to provide Tor the proper storage of refuse and garbage, debris and Junk thereby providing for more sanitary and safe cond'_tiOnS and t0 further protect the i ntegrity and des_.rahility oL n eignb onccods ^ T p roh ibiting th e StGrag Ci j u nk and ct ier re „use r: reside n�_al area and WHEREAS, City Inspectors :;ave inspected the above- described pre -raises in August, September, - ,ctober and December, 1997, and found that the single family home tn'ereon i s in Door 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 ccnditions on said property and the dilapidation to the single ;al home thereon, and WHEREAS, the owners of record of said real property are David W. Herg ar_d Gwendyr.a C. Berg, husband and wife, and • WHEREAS, said property is encumbered 'by a mortgage dated 28 Decerwer 1937 in favor of rust Nort'htown National Bank, and WHEREAS, David and Gwend ,, ;.e Berg were previously served Wit:i 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 al-d Gwendyne C. Berg have failed and refused to comply with said Compliance Orders. NOW, THEREFORE, '4 IT RES01VED BY THE. CITY COU'NCII: CE THE CITY CE 3RCOK1 YN CENTER THAT: 1. The City Council- - finds that the single-family dwelling at 6342 West River Road, Brooklyn Center, Minnesota 55430 is a hazardous building because of inadequate maintenance, dilapidation, physical damage, and the 'Like. 2. The City Counc? 1 LindS that the condition of the premises at 6842 West River Road, Brooklyn Center, Minnesota 55430 coast lutes a hazardous property and a public nuisance w' h - n the meaning oz `-- .nesota Statutes §40 and Brooklyn Center Ordinances Chapters 19 and 12 d'u'e to the presence of the Storage Of great qua. titles cf bu_lCin g ma Scrap lu=, er, brO }den windows, auto pats, tires, f°_. ^.Cron materials, construction equipment., including a small tractor, ce:7ent- 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 tour - 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 24 JYY, 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. 1 1 su c h T .. rl 3. T he r emoval of a,� accessory build�ngs su . there shall not be more than two accessory buildings on said premises and that the buildi.nas shall conform to Chapters 35 -310 and 35 -530 of the City Ordinances. 4. The removal of all junk motor vehicles, construction eQUipII:ent trailers, scrap lumber, construction materials, auto parts, tires, lawnmowers, trailers, boats, garbage, refuse, debris a^ the like, as recited herein. = e �itv ManaCer 1s hereby aut :cri fed to cause and carr'i out the abatement described herein and to perform all other tasks and _'d ct'cns reasonably incident thereto and to keeo an accurate record of the cost of al- actions and _proceedings herein, including ad ti_ �Strat =T�e time , attornev's fees t costs and dlscurse::lents, and _ 3 all Other CCSts of one eniOrceITe nt Of t h1S Order, and to send a statement Oi SllC,i costs t0 t' ^_e d nCCw;,e? S and OCCl1I_]an`� S w� C 3 directed herewith to aav the same. Dated: Mavor ATTEST: 1 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 dul gassed and adooted. i i 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 Gwendvne C. Berg g hLSbar:d 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 nu isance with -,-, 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 �- C , to aoa�e all oub�i� o r co o Zuisanc..s and to ..or�ect and resole.. all Or v -olat within w th i:,r _n t �y (30) days from the date of service of this Order and Resolution upon you. If there is no compliance with this Order, a Mction for summary enforcement of this Order shall he made to the Hennepin County District Court llrleSS an Answer - S , W 4 i led here-_. _t h_ri twenty ( 20 ) days of the Care CZ service of this `hoer uzcn said parties pursuant to M.Lnnescta cc l at- - - - t o §4 1 8. f no ccmp i ance with thiS Order Shall have taken place or _- 'iC --= isWc'r con testin g "� i i s n r 't ? Answe �,._s ac�_.,,: __d �:e_ei:_ o� __ ssch _s filed and the Court orders the enforcement of this Order there e C_ BrCC'. {1Vn Ce ,-ter . Via_! cause the hazardous conditions - to be corrected and all cub -ic nuisances abated and all Crdinance 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 §463.10'1. CITY OF BRCCKLYN CENTER Dated: Michael McCauley, City Manager • • City Council Agenda Item No. 9s April 27, 1998 • • MEMORANDUM • DATE: April 23, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: An Ordinance Providing For the Sale of a Portion of Bellvue Park Section 12.05 of the City Charter requires that real property of the City shall be disposed of by ordinance. The final design of the Bellvue Lane Addition (the 53rd Avenue DALP) encroaches on the southerly end of Bellvue Park. A portion of the encroached area would be dedicated via the plat of Bellvue Lane Addition as public right of way. Approximately .27 acres of Bellvue Park would be conveyed to the EDA for sale to private parties. The total area of Bellvue Park is 7.44 acres; about 3.7 percent of the park would be conveyed for private use. The two exhibits attached show the area to be conveyed in the context of the entire park, and then in more detail. This ordinance is presented for first reading and discussion, with a public hearing scheduled for ® May 26, 1998. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearin g will be held on the 26th day Y of May, 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 ordinance providing for the sale of a portion of Bellvue Park. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The City Council finds that the following portion of Bellvue Park is no longer necessary for park purposes: The West 150.00 feet of the North half of Lot 9, Block 3, Bellvue Acres, according to said plat on • file and of record in the office of the County Recorder, Hennepin County, Minnesota. and also the East 150.00 feet of Lot 12 in said Block 3. and also that part of Lot 13 in said Block 3, which lies Southerly of a 60.00 foot radius circle, concave to the South, the center point of said circle is described as follows: Commencing at the Northeast Corner of Lot 9, said Block 3, thence Southerly, along the East line of said Lot 9, a distance of 25.00 feet, thence Westerly, parallel to the North line of said Lot 9 and its Westerly extension, a distance of 424.19 feet to said center point. Section 2. That portion of Bellvue Park described in Section 1 above is hereby conveyed to the Economic Development Authority of Brooklyn Center for sale to private parties for housing redevelopment purposes. The Mayor and City Manager are hereby authorized and directed to take such steps as are necessary to effect the transfer of title. Ordinance No. Section 3. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1998. Mayor ATTEST: City Clerk Date of Publication • Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) I i i Y Ir,l `r 18'30 "E call i 14.96 "f' \3 10 FT. UTILITY EASEMENT { -• i u ! - - -- -- 148.71' 01- 118- 21 -34' 0124 I . 01- 118- 2,- 3a -oo,s o, r CITY PARK C E. HO FKMAN W c, -�,' ;, ,.�\ ' `\ 0,2„ 5+ A AREA TO BE CONVEYED I q i 1 ! ; \843 E+ H5f 4 I . 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