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HomeMy WebLinkAbout1998 06-08 CCP Regular Session Public C opy CITY COUNCIL MEETING City of Brooklyn Center June 8, 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. -Jerry Blarney, Rep resenting Cross of Glory Lutheran Church �Y Y� P g rY 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. May 18, 1998 - Special Session 2. May 26, 1998 - Regular Session b. Approval of Application for Exempt Permit from Goodwill/Easter Seal to Hold Raffle on July 24 and 25, 1998, at Earle Brown Heritage Center, 6155 Earle Brown Drive C. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 1998- 07, Contract 1998 -J, 1998 -18, Contract 1998 -K and 1998 -19, Contract 1998 -L, Street Improvements, 68th and Lee Avenues North, John Martin Drive, and James and 67th Avenues North . CITY COUNCIL AGENDA -2- June 8,1998 d. Resolution Prohibiting Parking on John Martin Drive from Shingle Creek Parkway to T.H. 100 e. Resolution Authorizing Execution of an Agreement with Mn/DOT Regarding Upgrade of Traffic Signals at T.H. 100 and County Road 10 £ Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees g. Licenses 7. Public Hearings a. An Ordinance Providing for the Sale of a Portion of Bellvue Park -This item was first read on April 27, 1998, published in the official newspaper May 20, 1998, and is offered this evening for a public hearing and second reading. The public hearing scheduled for May 26, 1998, was tabled due to a publication error and rescheduled to this evening S - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. b. An Ordinance Amending Chapter 23 of the Brooklyn Center Code of Ordinances, Relating to the Regulation of Pawnshops and Secondhand Goods Dealers -This item was first read on April 27, 1998, tabled to May 11, 1998, published in the official newspaper May 20, 1998, and is offered this evening for a public hearing and second reading. - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 8. Planning Commission Items a. Planning Commission Application No. 98008 Submitted by the EDA of the City of Brooklyn Center. Request for Preliminary Plat approval to create 15 new single family residential lots and two outlots on 6.48 acres of land located between 4th Street North and Bryant Avenue North, north of 53rd Avenue North. The Planning i s Commission tabled this application on May 14, 1998. It was reviewed again on CITY COUNCIL AGENDA -3- June 8, 1998 • May 28, 1998, and the Planning Commission recommended approval of the application at that time. - Requested Council Action: - Motion to approve Planning Commission Application No. 98008 subject to the conditions recommended by the Planning Commission. 1. Resolution Approving Final Plat -- BELLVUE LANE ADDITION - Requested Council Action: - Motion to adopt resolution. 9. Council Consideration Items a. Set Date and Time of Council Meetings - Requested Council Action: - Motion to set date and time of Council meetings: 1) Special meeting at Shingle Creek Tower, 6221 Shingle Creek Parkway 2) Work sessions for August 17, August 31, October 19, and November 16 (work sessions held in Conference Room B, City Hall, 7 p.m.) b. Proclamation Declaring June 13, 1998, as Hall of Fame Day - Requested Council Action: - Motion to proclaim June 13, 1998, as Hall of Fame Day. C. Resolution Authorizing Acquisition of Property for Earle Brown Heritage Center Parking Lot - Requested Council Action: - Motion to adopt resolution. d. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Extended Stay America) -This item was first read on March 23, 1998; published in the official City newspaper on April 1, 1998; a public hearing and second reading were held on April 13, 1998, and it was tabled until the final plat was filed; and it is offered this evening for final adoption, as the final plat has been filed. - Requested Council Action: - Motion to remove the ordinance from the table and adopt. • • CITY COUNCIL AGENDA 4- June 8,1998 e. An Ordinance Amending Ordinance No. 96 -11 Regarding Council Salaries for 1999- 2000 -Requested Council Action: - Motion to approve first reading of ordinance and set public hearing and second reading for July 13, 1998. f. Staff Report Re: Proposed Median on 66th Avenue for Proposed Holiday Station -Requested Council Action - Council approve Phase I of the median installation. g. Resolution Accepting Bid and Awarding Contract, New Telephone System for City Hall and Other Locations -Requested Council Action: - Motion to adopt resolution. 10. Adjournment • • May 22, 1998 .To: Mayor and City Council members Creek Tower for 4' I am a home I have lived at Shingle Cre � ears. Y health aid and have throughout the years %worked with many of the residents living here. Being so much a part of Shingle Creek Tower has been a rewarding experience for my daughter and I. Not only have we been able to make wonderful friends and warm relationships with neighbors and clients. The rent has been quite a . blessing! It has helped me become more self - sufficient in supporting.my daughter and myself. My heart and greatest concern goes out to my friends, neighbors and clients residing here at Shingle Creek Tower. Many are living on SSDI and their income is very low. If the rent goes up to market rent or beyond, many people here will have to leave with no place to go. Many of the disabled and elderly do*not quite understand what is exactly going on. They are not aware that i:r Mr. Boisclair purchases this building and,puts in additions, such as a kitchen, enlarged lobby for dining, indoor garden, whirlpool, library, beauty shop etc. etc. He also plans on sky rocketing the rent. A lot of these things are really ridiculous as there is a mall across the street with two beauty shops and the civic center is right next door on the north side "of the building across from the parking lot. Why isolate the elderly any more than they already are? Some may have no family or relatives left, but still can get out to the beauty shops, Brookdale etc. Some enjoy going to the civic center for swimming 2 - 3 times a week. Some enjoy going to the library next door and just getting outside of the building for a change of pace ... going to the mall to get their hair done and window shop does wonders for those who. can't get out .very often. Why obligate the disabled and elderly to something they don't want? Please do not give money to Mr. Boisclair. I strongly urge you to consider a non - profit for the purchase of Shingle Creek Tower. Thank you, Sarah J. Tellevik Shingle Creek Tower 6221 Shingle Creek Parkway 1008 TO THE MAYOR AND COUNCIL PEOPLE._ I LIVE AT SHINGLE CREEK - PARKWAY. I WOULDN'T LIKE TO HAVE A BEATI SALON A LIBRARY A POOL A GARDEN,_ BECAUSE THERE'S A POOL IN RIGHT ACROSS THE STREET. THERE'S A LIBRARY ACROSS THE STREET. AND A BEATI_SALON AT BROOKDALE. AND YOU CAN GET PLANTS ANYTIME SO IT WILL BE LIKE A GARDEN BUT INSIDE. OH I FOREGOT ABOUT UNDERGROUND PARKING,WHY WOULD YOU DO THAT WHEN THE CREEK'WATER - WILL SEEP THROUGH THE WALLS. I WOULDN'T LIKE A NEW PERSON OWNING THE BUILDING BECAUSE THE PRICES WILL GO HIGHER'IN ANOTHER YEAR AND THE NEW OWNER DOESN'T WANT KIDS LIVING HERE WELL I'M A KID AND DON'T THINK THE BUILDING IS SO BAD EXCEPT FOR SOME OF THE OLD PEOPLE. I'M TEN YEARS OLD AND I USE THE LIBRARY FOR MY HOMEWORK, I USE THE CIVIK CENTER FOR EXERCISE FOR FEILD DAY (EVENTS LIKE THE 100 YARD DASH AND MORE EVENTS SO YOUR CLASS CAN WIN),. THANKS SHALEAH TELLEVIK. May 24, 1998 Dear Mayor and City Council - Members, I am an elderly resident at Shingle Creek Tower. I've lived here for a few years and am paying a lot for my one -bed room apartment now. My income has just recently dropped down .- :..:;.;.. ;::: -. -. -- -. _$200. .cannot af f ord to pay any more.-.- - than what I'm paying now. I'm concerned about what is going to happen to me as well as my neighbors if Mr. Borsclair purchases this building. Please consider a non - profit buyer for - -- -. -- Shingle Creek Tower. Sincerely, Leonard Kenow 6221 Shingle Creek Pkwy #702 7. �� arse�nunvnnu -,- coa- cs� ��s, a '�SWma2 y saw Monthly Rent Amounts for Assisted Living. St. Therese in New Hope Phone # 531 -5400 1 BR Rent $ 2 BR Rent $ Comments: Speak with Peter Bartol St. Therese SW in Hopkins Phone # 933 -3333 1 BR Rent $925 2 BR Rent $1210 Comments: Bryant House in Maple Plain Phone # 479 -3655 No 1 BR or 2 BRs Studios rent for $2098 -$2272 Comments: I Boardwalk in Wavzata Phone # 473 -0502 None available for at least 2 years. Comments: 30% of income after medical expenses. Waiting list is over 2 years long and they aren't putting any more names on it. Chandler Place in St. Anthonv Phone # 788 -7321 1 BR Rent $1400 2 BR Rent $1750 Comments: 1 BRs are 625 square feet, 2 BRs are 854 square feet. Rents include 2 meals per day for one person. There is an additional charge of $180 per month for the second person in the household for 2 meals per day. Cormerfield II in Robbinsdale Phone # 533 -1268 1 BR Rent $1975 No 2 BRs Comments: Excelsior Health Care Phone # 474 -5488 Rent Range $2256.90- $4302.60 Comments: Rent range $75.23 - $143.42 per day, depending on level of care needed. City Council Agenda Item No. 6a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION MAY 18, 1998 CONFERENCE ROOM B CITY HALL CALL TO ORDER The Brooklyn Center City Council cil met in a work session and was called to order b Mayor Y h' y a, or Myrna Kragness at 7:30 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager Jane Chambers, Finance Director Charlie Hansen, and Community Development Director Brad Hoffman. COUNCILMEMBER LASMAN: ACCIDENTS AT WOODBINE LANE AND HALIFAX AVENUE NORTH This item was brought to the Council's attention by Councilmember Lasman. Councilmember Lasman introduced the item and cited a memo from staff about the accident record at a home at the T- intersection of Woodbine Lane. The house has experienced several vehicle accidents over time due to drunk drivers and others mistaking the driveway to the home as a continuation of the roadway. Councilmembers discussed possible solutions to the problem. Solutions discussed included a barricade in front of the home, a street sign at Kyie Avenue and Woodbine, methods to slow traffic on Woodbine such as speed bumps, and the possible staking out of the area by the Police Department so that one or two of the offending drivers speeding down the road could be caught. A resident of the area, Karen L. O'Connell of 4106 Woodbine Lane, was present for the discussion. There was consensus that the neighborhood area on Woodbine Lane and the neighbors on either side of the home in question on Woodbine would be surveyed regarding the desirability of a four -way Stop sign at Kyle Avenue and Woodbine Lane. Councilmember Lasman suggested that the SMART trailer be used in the area to help drivers see the speed at which they are traveling. DISCUSSION OF RIVERWOOD NEIGHBORHOOD ASSOCIATION REQUEST FOR WORK SESSION REGARDING THEIR SURVEY RESULTS AND THE PROPOSED SENIOR COOPERATIVE PROJECT 05/18/98 -1- DRAFT ity 1Vlanager McCauley reported that he had met with Jerry Blarney of the neighborhood group had assured Mr. Bl�unev and others of the group that the City would not take action on t e • pro set t senior project until there was time to discuss the outcome of the survey results th the nei rhood association had taken. There was consensus by the Council that June 15, 1998 ould be the w k session meeting date to discuss the outcome of the survey results with the neie orhood associatio Councilmem r Hilstrom asked when the City Council could expect to see so ething on the proposed projec Community Development Director Hoffman said that the dev pers would like to break ground i 1998, but that the process for approval of the senior hous' g plan would take whatever time was n essary for adequate review and input. City Manager M auley added that the City staff would need be able to answer questions regarding the develo ent and that mid -June would be an acceptable . eframe to have those questions answered. COUNCILMEMBER C RMODY: PARK IMPROV ENT INPUT FROM NEIGHBORHOOD Councilmember Carmody question why citizen comments o improvements to parks were limited to the immediate neighborhood area ' hin the three block r ius of those parks. She stated that all citizens should have some say in the velopment of e parks whether or not they line close proximity to those parks. City Manager i Cauley sue ested having the item sent to the Park and Recreation Commission to review having th Co ' sion seek input on proposed improvements. The request for input could be made through no 'ce n the newspaper and reminders at City Council meetings. There was consensus to have the subject se to the P and Recreation Commission and request that the Park and Recreation Commissi review an ecommend how to seek input on park improvement projects. DISCUSS N OF DEVELOPMEN ISSUES TW LAKE PROPERTY PROPOS S Councilmember Carmody et with property owners in the Halifax, June, d Indiana Avenues area where the City Council cently approved a preliminary plat for a new ve -home development. Councilmember C dy reported that the neighbors were concerned ab t blocked vision on Indiana if the street ' made a through street. She also reported that the neighb s wanted a cul -de- sac instead of the treet being cut through and that homeowners enjoy a patch o trees in the area. She reported t the neighbors don't care about having a dead end at the end o he street. The neighbors w� ild prefer to have a dead end rather than have the street go through to J e as proposed on the an oved plat. City anager McCauley reported that on consideration of a new plat, the City Council does not have 05/18/98 -2- DRAFT City Manager McCauley reported that he had met with Jerry Blarney of the neighborhood group. ® He had assured Mr. Blarney and others of the group that the City would not take action on the proposed senior project until there was time to discuss the outcome of the survey results that the neighborhood association had taken. There was consensus by the Council that June 15, 1998, would be the work session meeting date to discuss the outcome of the survey results with the neighborhood association. Councilmember Hilstrom asked when the City Council could expect to see something on the proposed project. Community Development Director Hoffman said that the developers would like to break ground in 1998, but that the process for approval of the senior housing plan would take whatever time was necessary for adequate review and input. City Manager McCauley added that the City staff would need to be able to answer questions regarding the development and that mid -June would be an acceptable timeframe to have those questions answered. COUNCILMEMBER CARMODY: PARK IMPROVEMENT INPUT FROM NEIGHBORHOOD Councilmember Carmody questioned why citizen comments on improvements to parks were limited to the immediate neighborhood area within the three block radius of those parks. She stated that all citizens should have some say in the development of the parks whether or not they line close proximity to those parks. City Manager McCauley suggested having the item sent to the Park and Recreation Commission to review having the Commission seek input on proposed improvements. The request for input could be made through notices in the newspaper and reminders at City Council meetings. There was consensus to have the subject sent to the Park and Recreation Commission and request that the Park and Recreation Commission review and recommend how to seek input on park improvement projects. DISCUSSION OF DEVELOPMENT ISSUES TWIN LAKE PROPERTY PROPOSALS Councilmember Carmody spoke with and Mayor Kragness met with property owners in the Halifax, June, and Indiana Avenues area where the City Council recently approved a preliminary plat for a new five -home development. Councilmember Carmody reported that the neighbors were concerned about blocked vision on Indiana if the street is made a through street. She also reported that the neighbors wanted a cul -de -sac instead of the street being cut through and that homeowners enjoy a patch of trees in the area. She reported that the neighbors don't care about having a dead end at the end of the street. The neighbors would prefer to have a dead end rather than have the street go through to June as ro osed on p p the approved plat. City Manager McCauley reported that on consideration of a new plat, the City Council does not have 05/18/98 -2- DRAFT a great deal of discretion. If the proposed plat meets requirements, the City is required to approve • the plat. Councilmember Lasman reported that residents have asked her if they could have some input on new development such as this one proposed in the Twin Lake area. A question was also raised with regard to whether or not the City could require the home that now contributes to a blind spot in the road to be brought into compliance with right of way regulations. Councilmember Peppe suggested that by allowing neighborhood input and discussion of proposals over which the City Council has little discretion could create a misconception about the neighborhood's ability to have a say over the matter. Councilmember Hilstrom stated that citizens should at least be able to be informed about proposals such as this in their neighborhood. There was a general discussion among Council Members regarding ways in which citizens could be informed of proposals such as that represented by the plat approved for the Twin Lakes area. There was consensus that the Council would request the Planning Commission and Staff to look into the feasibility of having signs placed on property indicating the type of action the City Council is considering for that property. This would give notice to the neighbors within the area of pending actions on ro erties. P P TOLD DEVELOPMENT PROPOSAL City Manager McCauley reported that the TOLD Development Company now has options on all property except the City's for the development they propose of a 20- theatre complex. The TOLD Development Company has indicated that they intend to move forward with this project whether or not the City sells them the City -owned property within the development boundaries. The City • Manager also reported that even though the developer of Brookdale would prefer that the City not cooperate with the TOLD Development concept, there was nothing that the City could actively do to prevent the TOLD Development Company from pursuing their project. Questions regarding the selling of the City property at market rate, signals at Camden Avenue, and the scheduled repair of Camden Avenue were discussed. Also discussed was the need for a large storm water retention pond within the project. There was consensus that the City should move forward to sell the City -owned property to the TOLD Development Company. It was believed that the City might as well be a part of the project if it was going to take place anyway. Otherwise, the City would have an awkward and basically unusable piece of property surrounded by the theatre complex. 53RD AVENUE DEVELOPMENT City Manager McCauley reported that Mayor Kragness and he would meet with Commissioner Opat on Wednesday, May 20. They plan to discuss Commissioner Opat's concerns regarding the proposed 3rd Avenue development. • 0511 8/98 DRAFT BROOKDALE City Manager McCauley and Community Development Director Hoffman passed photographs • around of their trip to the Miami shopping mall which was operated by the developer of Brookdale. There was general discussion regarding the photographs and the conditions of the Mall of the Americas in Miami. City Manager McCauley also reported that the bond attorney at Kennedy & Graven had missed the deadline for a draft of an agreement between the City and the developer of Brookdale. This deadline was missed even though the City Manager and Community Development Director had repeatedly been assured that the deadline would be met. The problem for the City with the missed deadline is that it puts our response to the developer behind schedule. Mr. McCauley requested authorization to seek a new bond and development attorney for the Brookdale project due to these capacity issues. There was discussion among the Council with regard to seeking a new request for proposal for all bond and development work. I There was consensus that the City Manager would seek authorization to retain new bond and development counsel for pending development projects, and that an RFP could be issued in the fall to separate bond and development work from the general civil work currently completed by Kennedy and Graven. DISCUSSION OF THE 69TH AND BROOKLYN BOULEVARD DEVELOPMENT City Manager McCauley reported that there would be an item on a regular Council meeting agenda to discuss this proposal. He also stated that notices would be sent to the neighborhood. There was agreement that the developer should be asked if a sign could be placed on the property indicating pendma y Council action on the project. 1999 BUDGET City Manager McCauley submitted the proposed calendar and process for the 1999 budget. He outlined the preliminary estimated revenues and discussed the levy limits impacting the 1999 budget. There was consensus that the Financial Commission would be invited to all budget discussions. There was consensus that the City Manager could develop the 1999 budget based on the maximum levy increase allowed of 1.78 %. The Council could alter the proposed levy as it saw fit as the process progresses. The City Manager indicated to the Council that the long -range Capital plan for the Earle Brown Heritage Center would be presented at the June 15 work session. He also reported that a rough draft of the agreement between the City of Brooklyn Center and the State for grant funds to make improvements to Earle Brown Heritage Center might be available this week. He indicated that the City has been told by the State that it can proceed to tie up the land for the parking lot prior 05/18/98 -4- DRAFT • to final approval of the grant agreement. City Manager McCauley opened discussion for items that the City Council would like to see handled differently for the 1999 budget. Councilmember Hilstrom wanted to know the priorities for the Community Center. The City Manager discussed the need to have a public input process established for the Community Center and City Hall improvement projects. The City Manager stated that he would like to have a preliminary plan for what improvements are feasible to the buildings before the public input process is initiated. The City Manager stated that although the goal was to get the planning done in 1998, the City Staff is still working on Police and Fire buildings, as well as the new improvement projects for the Earle Brown Heritage Center. The City Manager discussed how a number of issues impact on decisions to be made about the types and cost of improvement to both the Community Center and City Hall. The City Manager cited an example of the question of use of the City Council Chambers. He stated that one idea would be to use a newly built "G" Barn with state -of -the -art communications and video equipment for City Council meetings. An alternative idea would be to refurbish Constitution Hall for use during City Council meetings. There are handicapped accessibility, structural synergy, and ground level entry issues that all have to be addressed with renovation of the Community Center and City Hall. Councilmember Hilstrom asked about street improvement projects. She wanted to know what the status of sealcoating was in the 20 -year plan. The City Manager indicated that he would obtain an update on this subject from Public Works Director Diane Spector as part of the Capital Improvement budget process. City Manager McCauley discussed the calendar for approval of the 1999 budget. He suggested that the Capital Improvements Program be separated from the General Fund discussions. He would suggest adding another General Fund discussion in the end of September and would recommend two additional budget meetings in August. The City Manager also suggested a need to add a work session for the City Council on enterprise funds. There was consensus among Council to have the City Manager add these additional meetings to the proposed budget calendar. MISCELLANEOUS Councilmember Hilstrom asked about storm damage in the southeast neighborhood. She wanted to know what activity the City would undertake in assisting in cleanup from the storm. The City Manager indicated that he would look into what particular storm drainage issues there were on the 60th and Aldrich Avenues area. Councilmember Hilstrom also indicated that she had had a complaint from a resident about the high penalties for failure to pay water bills. There was consensus among the Council that the penalties charged for failure to pay water bills were fair. • 05/18/98 -5- DRAFT ADJOURNMENT The meeting adjourned at 10 p.m. City Clerk Mayor • 05/18/98 -6- DRAFT o t 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 MAY 26, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in informal open forum and was called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, Director of Public Works Diane Spector, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. INFORMAL OPEN FORUM • Bob Huber, 5603 Indiana Avenue North addressed the Council on behalf of the residents s d Co e nts of the Indiana neighborhood. He explained the neighbors are disappointed that they were not notified of the proposed subdivision at 5621 Indiana Avenue North, especially as it relates to the linkage of Indiana and June Avenues. He raised the following questions: 1) what options were proposed, if any; 2) will the streets be upgraded; 3) will there be a neighborhood survey regarding the project; 4) have there been any studies on the linkage of the streets; 5) have there been any environmental studies; 6) is this part of the street improvement plan; and 7) are the costs being spread out to the homeowners along Indiana. He urged the Council to table this proposed project until the neighborhood could provide input. Wayne Paulson, 5330 Camden Avenue North, appeared before the Council to request that the Police be given more authority to provide stricter enforcement as it relates to barking dogs. He would like to see a change to allow the Police to remove a barking dog from the premises even when the owner is not present. He also suggested that the City impose a curfew on dogs and recommended that dogs are not allowed to be outside for extended periods of time between 10 p.m. and 6 a.m. ADJOURN INFORMAL OPEN FORUM 5/26/98 -1- DRAFT r A motion by Councilmember Lasman and seconded by Councilmember Carmody to adjourn informal open forum passed unanimously. Informal open forum adjourned at 6:58 p.m. 2. INVOCATION Ulyssess Boyd offered the invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:01 p.m. 4. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager /HR Director Jane Chambers, Director of Public Works Diane Spector, City Engineer Scott Brink, Planning and Zoning Specialist Ron Warren, Director of Community Development Brad Hoffman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. I 5. COUNCIL REPORT Councilmember Carmody reported her attendance at the Park and Recreation Commission meeting. Councilmember Peppe said the Housing Commission is looking forward to passage of the time of sale ordinance which is on tonight's agenda. Councilmember Lasman stated the Financial Commission has been working on a policy change regarding Council compensation, and the Financial Commission Chairperson is scheduled on this evening's agenda to provide a report and recommendation. 6. APPROVAL L OF AGENDA AND CONSENT AGENDA A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the agenda and consent agenda passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve minutes of the April 21, 1998, Joint Session with Housing Commission; May 4, 1998, Board of Equalization; and May 11, 1998, Regular Session, passed unanimously. 5/26/98 -?- DRAFT 6b. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK S PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1997 -11, CONTRACT 1997 -J, ELEVATED STORAGE TANK REPAIR - TOWER NO.2 RESOLUTION NO. 98 -86 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT FOR IMPROVEMENT PROJECT NO. 1997 -11, CONTRACT 1997 -J, ELEVATED STORAGE TANK REPAIR - TOWER NO.2 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6c. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -87 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6d. RESOLUTION CANCELING A CONTRACT FOR REPLACEMENT OF A SEVEN -REEL TRACTOR MOWER AND AUTHORIZING ADVERTISEMENT FOR NEW BIDS RESOLUTION NO. 98 -88 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION CANCELING A CONTRACT FOR REPLACEMENT OF A SEVEN -REEL TRACTOR MOWER AND AUTHORIZING ADVERTISEMENT FOR NEW BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. • 5%261/98 DRAFT 6c. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 25 THROUGH JUNE 28, 1998 • RESOLUTION NO. 98 -89 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 25 THROUGH JUNE 28, 1998 The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 6f. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses passed unanimously. MECHANICAL CONTRACTORS Alliant Heating and A/C dba Fredrickson Heating and A/C 3650 Kennebec Drive #l, Eagan Anderson Heating and A/C 4347 Central Ave NE, Columbia Heights J & K Heating 7609 James Ave N, Brooklyn Park Marsh Heating and A/C 6248 Lakeland Ave N, Brooklyn Park Quality Air, Inc. 10830 Magnolia St NW, Coon Rapids Sabre Heating and A/C 14505 21 st Ave N, Ste 230, Plymouth RENTAL DWELLINGS Initial: Chuck Hartell 7107 Palmer Lake Circle Renewal: Jon Veard The Pines of Brooklyn Center Norene Miller 3513 47th Ave N Howard/Harriet Oien 5801 Brooklyn Blvd Amy DesParois 5301 Dupont Ave N Roland Scherber 7212 Newton Ave N 7. PUBLIC HEARING 7a. AN ORDINANCE PROVIDING FOR THE SALE OF A PORTION OF BELLVUE PARK 5/26/98 -4- DRAFT O Mayor Kragness asked if anyone was present to speak regarding this issue. No one appeared to speak. A motion by Councilmember Carmody and seconded by Councilmember Peppe to continue the public hearing on An Ordinance Providing for the Sale of a Portion of Bellvue Park to June 8, 1998, passed unanimously. The public hearing was continued due to a publication error by Minnesota Sun Publications. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 98009 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING SITE AND BUILDING PLAN APPROVAL AND SPECIAL USE PERMIT TO CONSTRUCT A NEW FIRE STATION AT THE SOUTHEAST CORNER OF 63RD AVENUE AND BROOKLYN BOULEVARD City Manager McCauley explained this item relates to the construction of a new fire station at the southeast corner of 63rd Avenue and Brooklyn Boulevard. He requested the Council consider both Planning Commission Application Nos. 98009 and 98010 at the same time. The last condition recommended by the Planning Commission relates to the construction of a four -foot high opaque fence along the south and southeasterly sides of the site. Since there may have been confusion regarding the fencing in this area, it is recommended that the Council refer this condition back to the Planning Commission for further review, while adopting all of the Planning Commission recommendations, including condition number 11. Planning and Zoning Specialist Ron Warren reviewed the applications, noting that Planning Commission Application No. 98009 is a request for site and building plan approval and a special use permit to construct a new 16,800 square foot fire station at the southeast corner of 63rd Avenue and Brooklyn Boulevard. Planning Commission Application No. 98010 is a request for a variance from Section 35 -400 to allow a 35 foot building setback rather than a 50 foot building setback required along a major thoroughfare. He explained there are two accesses to the proposed fire station, one on Brooklyn Boulevard and one on 63rd Avenue; and adequate parking is provided. He reviewed the landsca inQ p � lan and screening mechanisms. He noted the building is proposed � g to be set back P p 35 feet from Brooklyn Boulevard, and Brooklyn Boulevard is a major thoroughfare requiring building setbacks of 50 feet. The Brooklyn Boulevard Study recommends closer building setbacks to Brooklyn Boulevard for non - residential structures, so this fits well within the recommendations of the study. One of the reasons for proposing a 35 foot building setback is to incorporate the City well in the proposed fire station. The Planning Commission recommended approval of both applications at its May 14, 1998, meeting. Mayor Kragness inquired if the City well would be upgraded. Director of Public Works Spector responded that the pump would be rehabbed. 5/26/98 -5- DRAFT Mr. McCauley explained the fire department building incorporates the City well so that it can be serviced as needed with exterior access. Councilmember Hilstrom raised a concern regarding cut - through traffic. Mr. McCauley said signage would be installed indicating fire vehicles only. There was a motion by Councilmember Peppe and seconded by Councilmember Lasman to approve Planning Commission Application No. 98009 submitted by the City of Brooklyn Center requesting site and building plan approval and a special use permit to construct a new fire station at the southeast corner of 63rd Avenue and Brooklyn Boulevard subject to the following conditions recommended by the Planning Commission, referring condition number 11 back to the Planning Commission for further review and consideration: 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 Engineering Department prior to the issuance of permits. 3. Any outside trash disposal facilities and /or rooftop or on- ground mechanical equipment shall be appropriately screened from view. 4. 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. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 7. B -612 curb and gutter shall be provided in all driving and parking areas. 8. An as -built survey of the property, improvements, and utility service lines shall be provided to the City Engineering Department. 9. The landscape screening plan submitted with this application is deemed to be appropriate screening to meet the intent of the City Ordinance for screening between a service /office type use and R -1 zoned property. 10. Approval of this application is subject to the approval of the building setback 5/26/98 -6- DRAFT variance comprehended under Application No. 98010. 11. In addition to the landscaping shown on the plan, a four -foot high opaque fence shall be constructed along the south and southeasterly sides of the site adjacent to all proposed or future parking stalls. The fence is to be located on the interior side of the 15 feet greenstrip. The motion passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 98010 SUBMITTED BY THE CITY OF BROOKLYN CENTER REQUESTING A VARIANCE FROM SECTION 35 -400 TO ALLOW A 35 FOOT BUILDING SETBACK RATHER THAN A 50 FOOT BUILDING SETBACK REQUIRED ALONG A MAJOR THOROUGHFARE A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve Planning Commission Application No. 98010 submitted by the City of Brooklyn Center requesting a variance from Section 35 -400 to allow a 35 foot building setback rather than a 50 foot building setback required along a major thoroughfare passed unanimously. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION SUPPORTING THE ROBBINSDALE AREA SCHOOL ® DISTRICT ARTS PROGRAM Kathleen Adix, Karen Olson, and Georgia Goodwin, representing Robbinsdale Area Schools, reviewed the many programs communicating, initiating, and promoting the arts in the school district and showed a video depicting these programs. RESOLUTION NO. 98 -90 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING THE ROBBINSDALE AREA SCHOOL DISTRICT ARTS PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and passed unanimously. 9b. UPDATE ON AUCTION City Manager McCauley said the first auction conducted by an auction house will take place on Saturday, June 13, by Anoka- Fridley Auctions, 17010 Highway 10, Big Lake. He explained that • 5/26/98 -7- DRAFT a display ad would be in the Brooklyn Center Sun -Post notifying residents. It is anticipated that the City will send property to the Anoka- Fridley auction house every three or four months. Based on the timing of the auction, notice will be placed in the City newsletter or Sun -Post to notify residents. 9c. REPORT FROM DONN ESCHER, FINANCIAL COMMISSION CHAIR Donn Escher, Financial Commission Chair, explained that eve two ears Minnesota p every y so State Law and the City Charter require the City Council to adopt an ordinance setting salaries for local elected officials. In 1994, the Financial Commission established a policy and procedure on Mayor and Council Member total compensation. The Financial Commission recommends amendments to the policy as follows: 1) comparing salaries of elected officials with fully developed metro cities with within 10 populations 000 of Brookl •n Center and .. adding the requirement that computations of Brooklyn P the average and median values be made of the compensation of the other cities for comparison to Brooklyn Center. RESOLUTION NO. 98 -91 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE POLICY AND PROCEDURE REGARDING THE MAYOR AND COUNCIL MEMBERS TOTAL CONIPENSATION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously.' p s Y• Mr. Escher stated the Financial Commission reviewed the total compensation for the Mayor and Council Members and recommends the total compensation be increased 3% for 1999 and an additional 3% for 2000. An ordinance amendment would need to be adopted by the City Council to authorize the recommended compensation increase. A motion by Councilmember Carmody and seconded by Councilmember Lasman directing City staff to prepare an ordinance amendment regarding salaries for 1999 and 2000 as recommended by the Financial Commission passed unanimously. 9d. RESOLUTION AMENDING THE 1998 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF ONE ROAD GRADER City Manager McCauley explained that the City's road grader is 30 years old and needs to be replaced. The Superintendent of Public Works has located a used demonstration unit which can be purchased on the State contract. The Central Garage has $124,400 built up in replacement funds, and there is a $7,000 surplus from excess capital up petal outlay funding the purchase of the front end loader. 5/26/98 -8- DRAFT RESOLUTION NO. 98 -92 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1998 CENTRAL GARAGE BUDGET AND AUTHORIZING THE PURCHASE OF ONE ROAD GRADER The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 9e. STAFF REPORT REGARDING PROPOSED MEDIAN ON 66TH AVENUE FOR PROPOSED HOLIDAY STATION City Manager McCauley said this item is continued from the May 11, 1998, Council meeting. Short- Elliott- Hendrickson, the City's traffic engineering consultant, faxed further materials regarding their recommendation. Director of Public Works Diane Spector reviewed for Council three options for the roadway design as follows: 1. Do nothing. Conflicting traffic patterns. It does nothing to address or improve the traffic safety issues. 2. Unbroken median from T.H. 252 to Camden Avenue. Confines the movements to right turn and right out only for accessibility. Mav cause drivers to make U- turns. I Broken median. The traffic engineer recommends this option, and makes the recommendation based on a fully developed site to the south with acceptable uses such as office buildings or hotels. There is no need for long stacking left turn lanes, as the roadway is two lanes. Ms. Spector said there is no agreement between SuperAmerica and the adjoining property owner regarding the joint driveway access. City Manager McCauley explained this item was for informational purposes only and would be brought back for action at the next Council meeting. 9f. RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR EARLE BRO`VN HERITAGE CENTER PARKING LOT At this point the agenda was renumbered. and this item was deferred to be discussed as item no. 9h. 5/26/98 -9- DRAFT I Ci v Manager McCauley explained this resolution authorizes the City to purchase the property for the rle Brown Heritage Center parking lot. Since the purchase agreement was not available, ' was recom ended this item be tabled to the next Council meeting. A motion y Councilmember Carmody and seconded by Councilmember Lasman table a Resolution thorizing Acquisition of Property for Earle Brown Heritage Center Parkin of passed unanimously. 9g. A1V RDINANCE AMENDING CHAPTER 12 OF THE CITY RDINANCES IMP EMENTING A TIME OF SALE HOUSING INSPECTION, REQ RING AN INSPECTION, DISCLOSURE CONSUMER INFO ATION CONCEICNING THE CONDITION F A DWELLING PRIOR T ITS SALE, AND CORRECTION OF CE AIN HAZARDOUS CONDITI S At this point the agenda was rent bered, and this item was deferred be discussed as item no. 9i. City Manager McCauley referred o an alternate ordinance endment which Staff drafted incorporating language changes reco ended by the Council t its last meeting. Mr. McCauley reviewed the types of hazards that wool be recorded in the r ort as at -risk or safety hazards. He included electrical wiring, grounding, ou ide plumbing, oor drain cleanout plug, leaky roofs, furnaces, water heaters, smoke detectors, an any other i ms that create a life safety condition. Councilmember Lasman raised a concern with th Ian age in Section 12 -1511 � stating she doesn't b b support it as it may not do what is intended. Council Members discussed the alternate langu e as it lates to the intent of the ordinance and also the need to move the ordinance along. Councilmember Hilstrom stated that the dinance needs to b written to address all of the housing stock, not just houses for sale and that ealth and safety issue eed to be fixed. Mr. McCauley recommended the C uncil approve first reading of t alternate ordinance as written, which includes more restrictiv anguage. At the second readin if the Council wishes, the ordinance can be revised to be ss restrictive; however, it cannot be m ified to be more restrictive without setting an additiona ublic hearing. Councilmember Hilstr inquired if there would be a staff requirement o add this ordinance provision. She doe not want to create more staff time, but there does nee to be a reason for residents to com with the ordinance. City Manag McCauley responded that the premise of the ordinance is outside of Ci staff, and the 5J26/98 -10- DRAFT i City Manager McCauley explained this resolution authorizes the City to purchase the property for the Earle Brown Heritage Center parking lot. Since the purchase agreement was not available, it was recommended this item be tabled to the next Council meetin-. A motion by Councilmember Carmody and seconded by Councilmember Lasman to table a Resolution Authorizing Acquisition of Property for Earle Brown Heritage Center Parking Lot passed unanimously. 9g. AN ORDINANCE AMENDING CHAPTER 12 OF THE CITY ORDINANCES IMPLEMENTING A TIME OF SALE HOUSING INSPECTION, REQUIRING AN INSPECTION, DISCLOSURE OF CONSUMER INFORMATION CONCERNING THE CONDITION OF A DWELLING PRIOR TO ITS SALE, AND CORRECTION OF CERTAIN HAZARDOUS CONDITIONS At this point the agenda was renumbered, and this item was deferred to be discussed as item no. 9i. City Manager McCauley referred to an alternate ordinance amendment which Staff drafted incorporating language changes recommended by the Council at its last meeting. Mr. McCauley reviewed the types of hazards that would be recorded in the report as at -risk or safety hazards. He included electrical wiring, grounding, outside plumbing, floor drain cleanout plug, leaky roofs, furnaces, water heaters, smoke detectors, and any other items that create a life safety condition. Councilmember Lasman raised a concern with the language in Section 12 -1511 , b stating she doesn't support it as it may not do what is intended. Council Members discussed the alternate language as it relates to the intent of the ordinance and also the need to move the ordinance along. Councilmember Hilstrom stated that the ordinance needs to be written to address correcting hazards identified during inspections whether or not the house sells after being inspected. Mr. McCauley recommended the Council approve first reading of the alternate ordinance as written, which includes more restrictive language. At the second reading, if the Council wishes, the ordinance can be revised to be less restrictive; however, it cannot be modified to be more restrictive without setting an additional public hearing. Councilmember Hilstrom inquired if there would be a staff requirement to add this ordinance provision. She does not want to create more staff time, but there does need to be a reason for residents to comply with the ordinance. City Manager McCauley responded that the premise of the ordinance is outside of City staff, and the ® 5/26/98 -10- DRAFT City would rely on the Realtors to make the requirement known to the sellers. The City would be • involved only on the corrections requiring permits for compliance. A motion by Councilmember Peppe and seconded by Councilmember Lasman to approve first reading of the ALTERNATE Ordinance Amending Chapter 12 of the City Ordinances Implementing a Time of Sale Housing Inspection, Requiring Inspection, Disclosure of Consumer Information Concerning the Condition of a Dwelling Prior to its Sale, and Correction of Certain Hazardous Conditions passed unanimously. The second reading and public hearing will be scheduled for June 22, 1998. 9h. SPEAKER CARRUTHERS, SENATOR SCHEID, AND REPRESENTATIVE CARLSON Speaker Phil Carruthers provided a legislative update, stating it was an excellent experience working the City. He reviewed the approved legislation as follows: 1. Equity funding for K -12 education, which provides State Aid increases to the four school districts in Brooklyn Center. 2. Br a �okdale taxin bill, which provides financing options to allow the City to assist with financing for the redevelopment of Brookdale without increasing the property owner taxes. 3. Legislation to keep affordable housing, new Class 4D reduced Class and its effect, aid pro for sustaining loss capacity, loss made up by the State of Minnesota. 4. Federally assisted housing, funds made available to preserve the availability of affordable housing. 5. "This Old Apartment," in which landlords who make significant improvements to their apartments (over $2,500), the improvement will not accrue against the apartment building. 6. After school enrichment program funding for at -risk youth. 7. $2.5 million arant for Earle Brown Heritage Center and the sales tax exemption. b m on. b P Senator Linda Scheid expressed her appreciation for the work of the Mayor, City Staff, and citizens who provided support at the legislature. Planning and communicating is the key to getting results. She encouraged the continuance of the open communication. Representative Lyndon Carlson reported that it was a good year at the legislature, a real victory. He is 5/26/98 -11- DRAFT said it was a team effort, including great support from the City Staff and officials, and expressed his gratitude. • 9i. RESOLUTION GIVING PRELIMINARY APPROVAL TO A SENIOR HOUSING PROJECT ON BEHALF OF BOCA LIMITED PARTNERSHIP, AUTHORIZING APPLICATION FOR ALLOCATION OF ISSUANCE AUTHORITY AND CALLING PUBLIC HEARING City Manager McCauley explained this item was tabled from the May 11, 1998, Council meeting due to the absence of the proposed developer. Mr. Boisclair addressed the Council and gave a background on providing affordable housing. He explained the Section 236 Program, Section 8, and the voucher system. He said his primary objective is to give confidence to the residents of Shingle Creek Tower that the housing will be affordable. He reviewed the preservation voucher with respect to availability for the residents. The rent will always be at 30% of their income; it will be annually adjusted based on the voucher system. Mr. Boisclair also addressed stabilizing the property. He explained the brick is in need of repair and there are leaking windows which need to be fixed. The rents need to be raised to bring in profit to stabilize a cash flow to do the necessary repairs. He also said it needs to be marketable. He said a garage unit is also proposed for the building, possibly underground. Mr. Boisclair explained there cannot be a full -time on -site manager under the Section 236 Program. He proposes to bring in a services coordinator, provided through a special grant program. This would enhance the program to provide assisted living. Councilmember Hilstrom raised the issue of assisted resident living and licensing. Mr. Boisclair said he would be working with an outside provider who is licensed. City Manager McCauley asked if the current tenant base has no need for parking or the proposed improvements, then what happens to the project. Mr. Boisclair responded that there is an outside grant provided by the State for the services coordinator. Councilmember Lasman inquired if there is a time line in which to apply for the grant. Mr. Boisclair answered that he is uncertain, but it is probably based on use. Councilmember Hilstrom asked what is the breakdown of the $7.2 million which he is requesting. Mr. Boisclair responded that $4.3 million is the purchase price; $1.5 million rehab; $600,000 improvements; and the rest is closing /financing costs. Councilmember Hilstrom inquired if Class 41) funding would be used. Mr. Boisclair responded 5/26/98 -12- DRAFT affirmatively. Community Development Director Brad Hoffman said the current value of the property is just over $3 million. City Manager McCauley inquired if the survey of residents had been completed. Mr. Boisclair responded that it is progressing, but not complete. Councilmember Hilstrom raised the question of what happens to the residents if the voucher program ceases. Mr. Boisclair said historically the Federal government has budgeted for the vouchers every year, but there is no guarantee. RECESS The Council recessed at 9 p.m. and reconvened at 9:07 p.m. Mayor Kragness opened the meeting for public comment. Patricia Carias, resident of Shingle Creek Tower, said she is in full support of the proposal, but asked when it would be in writing. She inquired if the owner would seek tenants who could pay full market rent. Mr. Boisclair explained there is an income limit under the tax credits being sought. • Douglas ouglas Mayo, Director of Housing Development with CommonBond Communities, explained CommonBond Communities is a non - profit provider of affordable housing. He wanted to clarify the preservation vouchers. The vouchers go with the resident; if the resident dies, the affordable unit is lost. He expressed no confidence in the renewal of preservation vouchers. He urged the Council to look at other options. Sarah Tellevik, resident of Shingle Creek Tower, said Mr. Boisclair's company is not listed with the Secretary of State's Office, and he does not have a license to operate a nursing home or assisted living. She is not interested in the proposed improvements and is concerned about the building being turned into a nursing home. She asked what is in it for the City, how would the City benefit. Mr. Boisclair advised that the corporation would be formed if the request was granted. May or a Kra ness resp that ' y � at the City doesn't benefit and the City Council is responsible P Y for P approving this request. She added that hopefully it will be the tenants that will benefit. Councilmember Hilstrom asked the City Manager to summarize why there is no staff recommendation on this item. • 5/26/98 -13- DRAFT City Manager McCauley explained that the initial recommendation of City staff was denial. Mr. Boisclair's letter of March 24 addressed several concerns and shifted City staffs recommendation to a neutral state. He explained the three options that are available for this building. Donald Floodeen, resident of Shingle Creek Tower, raised concerns about the affordability of the units and explained he has high medical costs and lives on Social Security. Councilmember Hilstrom said there have been two separate non -profit agencies at the meetings, and she is greatly concerned that the senior subsidized housing be retained. City Manager McCauley recommended that the Council not adopt the resolution if there were still questions and concerns by Council and public discussion and input were still needed since adoption of the resolution would authorize the developer to expend funds and basically commit the City to the issuance of bonds notwithstanding the preliminary title of the resolution. There was a motion by Councilmember Hilstrom to deny the recommendation and request that staff and Mr. Boisclair discuss affordable housing. Councilmember Peppe seconded the motion, amending the motion to request that the resolution be tabled until the Metropolitan Council report is complete and tenant surveys are submitted. Councilmember Carmody recommended that a special meeting be set at Shingle Creek Tower to receive further public input on this issue. • The motion by Councilmember Hilstrom, seconded and amended by Councilmember Peppe, was amended as follows: the resolution be tabled indefinitely and a special meeting be set at Shingle Creek Tower to obtain further input on the proposal. Them i passed unanimous. ) p p oposa . motion p y 9j. CODE ENFORCEMENT UPDATE City Manager McCauley said the Neighborhood Liaison will begin on June 1. A review of the community is scheduled to start June 8. There have been a great number of animal complaints this year. The Neighborhood Liaison will start in the Northeast section of the City with a systematic review, the Southeast section was the starting point for the past two years. He indicated residents can call the main City Hall phone number, 569 -3300, with code issues, and there also is established a code hotline. 9k. RESOLUTION APPROVING SECTION 28 OF CHAPTER 389 OF THE LAWS OF MINNESOTA 1998 - BROOKDALE SPECIAL TAXING DISTRICT City Manager McCauley explained this is one of the pieces of legislation passed this year, and State 5/26/98 -14- DRAFT Law requires the local authority to approve such special legislation. RESOLUTION NO, 98 -93 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SECTION 28 OF CHAPTER 389 OF THE LAWS OF MINNESOTA 1998 - BROOKDALE SPECIAL TAXING DISTRICT The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. 91. RESOLUTION APPROVING SECTION 34 OF CHAPTER 389 OF THE LAWS OF MINNESOTA 1998 - RENTAL PROPERTY IMPROVEMENTS ASSESSED VALUATION ADJUSTMENT DEFERRAL City Manager McCauley said this legislation was previously approved by the legislators last year and was amended this year as an incentive to landlords to make improvements to their buildings. It also requires local authority approval. RESOLUTION NO. 98 -94 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SECTION )4 OF CHAPTER X89 OF THE LAWS OF MINNESOTA 1998 - RENTAL PROPERTY IMPROVEMENTS ASSESSED VALUATION ADJUSTMENT DEFERRAL The motion for the adoption of the foregoing resolution was duly seconded by member Lasman and passed unanimously. 9m. SET DATE AND TIME OF COUNCIL WORK SESSION City Manager McCauley requested that a Council work session be scheduled for June 3, 1998, to discuss general EDA issues, including development issues. A motion by Councilmember Hilstrom and seconded by Councilmember Lasman to set Wednesday, June 3, 1998, 7 p.m., Conference Room B. City Hall, as a Council work session passed unanimously. 5/26/98 -15- DRAFT 10. ADJOURNMENT A motion by Councilmember Lasman and seconded by Councilmember Hilstrom to adjourn the meeting at 10:20 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Sharon Knutson 5/26-98 -16- DRAFT • City Council Agenda Item No. 6b �QggKIYH MyT BROOKLYN CENTER r . POLICE DEPARTMENT � POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Joel Downer, Chief of Police DATE: May 29, 1998 SUBJECT: Application for Exempt Permit (Raffle Application) On May 29, 1998, the Brooklyn Center Police Department received an Application for Exempt Permit to conduct a raffle from Goodwill/Easter Seal. This application is for an event to be held at the Earle Brown Heritage Center on July 24th and July 25th, 1998. This application has been approved and will be returned to the Goodwill/Easter Seal representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. i J Do er - Chief of Police JD:kh • ra8le.mem For Board Use Only Minnesota Lawful Gambling Fee Paid Application for Exempt Permit - LG220 Check No. Initials Organization Information Received Organization name Previous lawful g mbling exemption number Goodwi It Ilcds (Sta a Street Ci State /Zip G County 2513 Coym hven�� a C `iaol MN 55108 Name of chief executive officer (CEO) of organization Daytime phone number of First name Last name CEO: '� u �7 mic�3 I�l.a f{'1-- Wi k Name of teasurer of organization P Daytime hone number of First name Last name Y A p� , ` /� n e treasurer. { ��Z ) / ,ll -2591 Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: • ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling a will be conducted for raffles, list the site where the drawing will take place) du)t 2q 3 Z5 pnl� Address (do not use PO box) City State2ip Code County Co(5v Earl �gt�,,� �ri J � Deolfr mm 55`f30 2�I3 Como 19Lw -nv-P, ��. PIT 'Cnk) Date(s) of activity (f pr r ffles, indi to the ate of the drin ) pia iQ,s s o }n �ojl &� — sa a w n d occur � w Ea�( C Eer an (Jul - � -- Pnc5 c10ain e iq�,�u �j � On Or 8bdu+ s�-12�,1�9� Check the box or boxe� 2: 2 that indicate the type of gambling activity your organization will be conducting: ❑ 'Bingo tg Raffles ❑ 'Paddlewheels ❑'Pull -Tabs ❑'Tipboards 'Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 3198 Page 2 of 2 Application for Exempt Permit - LG220 3198 Organization Name g Local Unit of Government Acknowledgment (Required by Statute) If the gambling premises is within city limits, the ff the gambling premises is located in a township, both city must sign 0 Is application. - the county and township must sign this application. On behalf of the city, I acknowledge this application On behalf of the county, I acknowledge this application and three options for the city: and three options for the county, 1. Approve the application: By taking no action, 1. Approve the application: By taking no action, the the city allows the Board to issue a permit after county allows the Board to issue a permit after 30 days. 30 days (60 days for a first class city). 2• Waive the above -noted waiting period: 'The county allows the Board to issue a permit before 30 days. 2. Waive the above -noted waiting period: The Documentation attached. city allows the Board to issue a permit before 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). Docu- 30 days. mentation attached. Print name of county: 3. Deny the application by passing a resolution within 30 days (60 days for a first class city). (Signature of county personnel receiving application) Print name of city: Brooklvn Center Title Date / I (Signature of city personnel receiving application) On behalf of the township, I acknowledge that the Title City Manager organization is applying for exempted gambling activity within the township limits. Date / ! A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is complete and accurate to the' best of my knowledge. Chief Executive Officer's signature Name (please print) Date I / Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota "). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of government, do not send the application to the Gambling Control Board. City Council Agenda Item No. 6c ® MEMORANDUM DATE: June 1, 1998 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 1998- 07, Contract 1998 -J, 1998 -18, Contract 1998 -K and 1998 -19, Contract 1998 -L, Street Improvements, 68th and Lee Avenues North, John Martin Drive, and James and 67th Avenues North Summary Explanation Bids for Contracts 1998 -J, 1998 -K and 1998 -L were received and opened on June 3, 1998. The bidding results are tabulated as follows: Bidder Bid Onened Amount Corrected Total Hardrives, Inc. $456,111.41 Thomas and Sons $459,262.75 Midwest Asphalt Corp. $617,117.35 • W.B. Miller, Inc. $627,948.05 $627,949.15 C.S. McCrossan Const. Co. $640,903.28 Of the five (5) received, the lowest bid of $456,111.41 was submitted by Hardrives, Inc. The total En Estimate for all three projects was $638,035.97. Hardrives, Inc. has proven experience in performing all of the requirements included in this contract. Accordingly, staff recommends acceptance of the low bid and award of the contract to Hardrives. John Martin Drive is classified as a Municipal State Aid Street, and State Aid funds are intended to be utilized to assist in paying for the improvement costs on that street. The award of a contract is therefore subject to approval of the plans by Mn/DOT State Aid. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Hardrives, Inc. of Rogers, Minnesota. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NOS. 1998 -07, CONTRACT 1998 -J, 1998 -18, CONTRACT 1998 -K AND 1998 -19, CONTRACT 1998 -L, STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, JOHN MARTIN DRIVE, AND JAMES AND 67TH AVENUES NORTH WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1998 -07, 1998 -18, and 1998 -19, bids were received, opened, and tabulated by the City Clerk and Engineer on the 3rd day of June, 1998. Said bids were as follows: Bidder Bid Ornened Amount Corrected Total Hardrives, Inc. $456,111.41 Thomas and Sons $459,262.75 Midwest Asphalt Corp. $617,117.35 W.B. Miller, Inc. $627,948.05 $627,949.15 C.S. McCrossan Const. Co. $640,903.28 WHEREAS, it appears that Hardrives, 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 Hardrives, Inc. in the name of the City of Brooklyn Center, for Improvement Project Nos. 1998 -07, 1998 -18, and 1998 -19 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: 1998 -18, SCHEDULE A - JOI -LN MARTIN DRIVE COSTS Per Engineer's Estimate As Amended Per Low Bid Contract $160,449.56 $129,579.16 Contingency (10 %) 16.044.95 12.957.92 Subtotal Construction Cost $176,494.51 $142,537.08 Admin/Legal /Engr.(5 %) 8.824.72 7.126.85 ® Total Estimated Project Cost $185,319.24 $149,663.92 • RESOLUTION NO. REVENUES Per Engineer's Estimate As Amended Per Low Bid Street Assessments $129,162.00 $129,162.00 Local State Aid (128,539.76) (129,162.00) Municipal State Aid 179,775.00 142,326.92 Sanitary Sewer Utility 3,017.00 4,000.00 Water Utility 1,725.00 3,337.00 Total Estimated Revenue $185,319.24 $149,663.92 1998 -19, SCHEDULE B - JAMES /67TH AVENUES COSTS Per Engineer's Estimate As Amended Per Low Bid Contract $187,537.39 $156,312.50 Contingency (10 %) 18.753.74 15.631.25 Subtotal Construction Cost $206,291.13 $171,943.75 Admin/Legal /Engr.(5 %) 10,314.55 8,597.19 Total Estimated Project Cost $216,605.68 $180,540.94 REVENUES Per Engineer's Estimate As Amended Per Low Bid Street Assessments $150,968.00 $150,968.00 Local State Aid 51,126.68 22,772.94 Sanitary Sewer Utility 5,028.00 2,000.00 Water Utility 2,586.00 2,800.00 Storm Drain Utility 6,897.00 2,000.00 Total Estimated Revenue $216,605.68 $180,540.94 1998 -19, SCHEDULE C - LEE /68TH AVENUES COSTS Per Engineer's Estimate As Amended Per Low Bid Contract $244,543.47 $170,219.75 Contingency (10 %) 24.454.35 17.021.98 Subtotal Construction Cost $268,997.82 $187,241.72 Admin/Legal /Engr. (5 %) 13,449.89 9,362.09 Total Estimated Project Cost $282,447.71 $196,603.81 • RESOLUTION NO. REVENUES Per Engineer's Estimate As Amended Per Low Bid Street Assessments $196,900.00 $196,900.00 Local State Aid 56,648.71 (26,626.44) Sanitary Sewer Utility 7,040.00 3,500.00 Water Utility 8,717.00 18,229.00 Storm Drain Utility 12,070.00 3,850.00 Sidewalk - Local State Aid 1,072.00 751.25 Total Estimated Revenue $282,447.71 $196,603.81 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. 6d NIEMORANDUNI • DATE: June 1, 1998 TO: Michael McCauley, City ;Manager FROi\1: Scott Brink, City Engineer S/0 SUBJECT: Resolution Prohibiting Parking on John Martin Drive from Shingle Creek Parkway to T.H. 100 Summary Explanation On April 27, 1998, the City Council approved a resolution providing for the reconstruction of John Martin Drive between Shingle Creek Parkway and T.H. 100. The reconstruction of John Martin Drive will essentially consist of replacing the existing bituminous surfacing between the existing concrete curb and gutter lines. The roadway carries four lanes of traffic and is 15.2 meters (49.9 feet) in width. In order to utilize State Aid funds, the roadway must conform to specific design standards established by Mn/DOT State Aid. A four lane collector street with no parking must be at least 48 feet in width. John Martin Drive currently meets this requirement. However, there are no • postings along the roadway indicating any parking restrictions. A "No Parking" resolution prohibiting parking on both sides of the roadway must therefore be provided, and posted accordingly upon completion of the project. This is not considered a problem since vehicles are very seldom (if ever) parked on John 'l Martin Drive. Council Recommendation It is recommended that the City Council approve the attached resolution prohibiting parking on John Martin Drive between Shingle Creek Parkway and T.H. 100. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. _ RESOLUTION PROHIBITING PARKING ON JOHN MARTIN DRIVE FROM SHINGLE CREEK PARKWAY TO T.H. 100 WHEREAS, the City Council on April 27, 1998, by Resolution No. 98 -60 ordered Improvement Project No. 1998 -18, John Martin Drive, Roadway Improvements; and WHEREAS, John Martin Drive from Shingle Creek Parkway to T.H. 100 is designated as a Municipal State Aid Street; and WHEREAS, the design plans and specifications provide for a width for John Martin Drive of 15.2 meters in accordance with Minnesota Department of Transportation State Aid standards; P F > and WHEREAS, said State Aid standards ohibit parking on both sides of the street for a P roadway f said width th and four lanes of traffic. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Upon final completion of Improvement Project No. 1998 -18, parking will be prohibited on both sides of John Martin Drive between T.H. 100 and Shingle Creek Parkway and posted accordingly. 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 MEMORANDUM DATE: June 4 19 , 98 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Work SUBJECT: Resolution Authorizing Execution of an Agreement With Mn/DOT Regarding Upgrade of Traffic Signals at TH 100 and County Road 10 Mn/DOT will shortly replace the existing signal systems at TH 100 and County Road 10 with new signals. Federal fields will pay 80 percent of the cost of this improvements, and Mn/DOT, and the County will pay the remaining 20 percent. Mn/DOT has prepared a cooperative agreement detailing responsibilities between them, the County, and the City. Typically for signal systems in the City which are owned by Mn/DOT or the County, the City's share of the cost of the signal system is in operations. In almost all cases, the City pays for power to operate the signal systems, and any street lights which might be mounted on the poles or masts. Cleaning, painting, and relamping responsibilities vary. These responsibilities are spelled out in the cooperative agreements between the City and the state or county (see attached). • The City currently has an agreement with Mn/DOT regarding the signals at the ramps to TH 100 at County Road 10. This agreement specifies that the City pays the cost of power for the signals and street lights. Mn/DOT is responsible for cleaning and painting and relamping these signals, with the cost reimbursed by the City. The proposed agreement would continue the City's costs responsibilities. One difference, though, would be that the agreement requires the City to initiate the cleaning and painting and relamping rather than simply reimburse expenses. From our perspective, this is desirable because we then have more control over when those activities happen. The new signal systems would include energy- efficient LED lamps, such as the City is installing on other signal systems for which we have relamping responsibilities. Pedestrian ramps will also be improved as a part of this project. The signal systems will be interconnected with the Shingle Creek Parkway signal to provide a more efficient traffic flow. Finally, the signal systems would be "EVP (Emergency Vehicle Pre - emption) ready." Even though EVP will not be installed at this time, should in the future the City decide to install EVP on certain signal systems in the City, only minimal additional work would be required at this intersection. The proposed agreement would superseded the old agreement, and would be in effect indefinitely. or until superseded. I recommend the Council authorize the Mayor and City Manager to execute the agreement. • 1 1/1 811 994 CITY OF BROOKLYN CENTER SUMMARY OF TRAFFIC SIGNAL OPEAA7CNS AND MAINTENANCE RESPONSIBILITIES CLEANING COOPERATIVE & STREET PAY AGREEMENT LOCATION OWNER CONTROLLER HARDWARE RELAMPING PAINTING LIGHTS POWER NUMBERS TH 100 • INDIANA AVENUE S S S SIX SIX M X 55902.1143R 100- FRANCE AVENUE S S S M M M M 59878 100- FLASHER N OF RR BRIDGE S S S S S M 1817 100- CR 10 E RAMP - 57TH AVE S S S SIR SIR M M 56828, 799R 100 - CA 10 W RAMP - 57TH AVE S S S SIR SIR M M 56828,799R CA 152 - 49TH AVENUE C C C C C M M PW- 40 -02 -80 152- 100 NORTH RAMP S S S S S M S 152- 55TH AVENUE C C C C C M M PW- 40 -02 -80 152- CR 10 (BASS LAKE ROAD) C C C C C M M PW -40 -02.80 152- 63RD AVENUE C C C C C M M PW -40 -02.80 152- 65TH AVENUE C C C C C M M 152- 94 SOUTH RAMP S S S SIR SIR M M 58929 152- 94 NORTH RAMP S S S SIR SIR M M 58929 152- CR 130 - 69TH AVENUE C C C C C M M PW- 40 -02 -80 152- 71 ST AVENUEINOBLE AVENUE C C C C C M M PW- 40 -02 -80 TH 252 - 66TH AVENUE S S S M M 63390 252 - 70TH AVENUE S 5 S M M 63390 252- 73RD AVENUE S S S M . M . M. M' 60197M SEE 11124/80 AGREEMENT WITH SP FOR INSTALLATION AND MAINTENANCE CR 10 - XERXES AVENUE C C C C C M M 80052 10 NORTHWAY DRIVE C C C C C M M PW- 02 -02 -75 10 - SHINGLE CREEK PARKWAY C C C C C M M PW- 17 -02 -71 CR 57 - LOGAN AVENUE C C C C C M M PW- 02 -02 -75 SC - SCP - BROOKDALE SQUARE M C/R C/R M M M M PW40 -02 -80 SCP - SUMMIT M C/R CIA M M M M 59928M, 6 PW- 40.02 -80 SCP - JOHN MARTIN M CIA C ;R M M M M 59928M, 61263M PW- 40.02 -80 SCP - 94 SOUTH RAMP S S S M M M M 59928M SCP - 94 NORTH RAMP S S S M M M M 59928M, 61263 SCP - FREEWAY BLVD /65TH M C ;A C ;R M M M M 59928M, 61263M P W- 40 -02 -80 HUMBOLDT AVE - FREEWAY B /65TH M CiR C,R M M M M 60197M, PW- 40­02 -80 DUPONT AVE - 65TH AVE M C;R CiR M M M M PW40 -02 -80 697H & FRANCE AVENUES M C;R C M M M M MAINTENANCE RESPONSIBILITIES CODE: S = STATE OF MINNESOTA DOT SIR = WORK DONE BY STATE, REIMBURSED BY B C C - HENNEPIN COUNTY SIX - WORK DONE BY STATE, REIMBURSED BY ROBBINSOALE M = CITY OF BROOKLYN CENTER C ;R = WORK DONE 3Y HENNEPIN COUNTY, REIMBURSED BY B C X - CITY OF ROBSINSOALE M' • B C, 50% REIMBURSEMENT FROM 9 P i81LLED ANNUALLY) Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MN /DOT REGARDING UPGRADE OF TRAFFIC SIGNALS AT TH 100 AND COUNTY ROAD 10 WHEREAS, the City desires to facilitate proposed Mn /DOT improvements to the traffic signal systems located at TH 100 and County Road 10 in Brooklyn Center; and WHEREAS, Mn/DOT has prepared a Cooperative Agreement which details various cost and other responsibilities of Mn/DOT, Hennepin County, and the City, superseding Cooperative Agreement 56828 which g overned operations and maintenance of the existing signal systems; and ID WHEREAS the r e Cooperative Agreement would continued o os d Coo era A o renew the City's co t P P P g Y responsibility for the cost of: electric power to the signals and street lights; relamping; and cleaning and painting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The City shall enter into an agreement with the Minnesota Department of Transportation to remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre - emption and signing on Is Trunk Highway No. 100 West Ramps at County State Aid Highway No. 10 (57th Avenue North), and on Trunk Highway No. 100 East Ramps at County State Aid Highway No. 57 (57th Avenue North); and install interconnect on County State Aid Highway No. 10/57 (57th Avenue North) from Shingle Creek Parkway to Trunk Highway No. 100 East Ramps in accordance with the terms and conditions set forth and contained in Agreement No. 77578, a copy of which was before the Council. 2. The Mayor and City Manager are hereby authorized and directed to execute the Agreement. 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: r and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 77578 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF HENNEPIN AND THE CITY OF BROOKLYN CENTER TO Remove the existing Traffic Control Signals and Install new Traffic Control Signals with Street Lights, Emergency Vehicle Pre- emption and Signing on Trunk Highway No. 100 West Ramps at County State Aid Highway No. 10 (57 1h Avenue North), and on Trunk Highway No. 100 East Ramps at County State Aid Highway No. 57 (57` Avenue North); and Install Interconnect on County State Aid Highway No. 10157 (57th Avenue North) from Shingle Creek Parkway to Trunk Highway No. 100 East Ramps in Brooklyn Center, Hennepin County, Minnesota. S.P. 2755 -72 S.P. 27- 610 -23 and 27- 657 -03 F.P. STP 5402 (22) Prepared by Traffic Engineering E.S"T INIATED ?uCL'NT RECEIVABLE A24OUNT ENCUMBERED Counter of Henneoi n 525. 029.00 None Otherwise Covered THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State ", and the County of Hennepin, hereinafter referred to as the "County ", and the City of Brooklyn Center, hereinafter referred to as the "City ", WITNESSETH: WHEREAS, Minnesota Statutes Section 161.20 (1994) authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system; and T ,6HEREAS, the State has determined that there is justification and it is in the public's best interest to remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre - emption and signing on Trunk Highway No. 100 West Ramps at County State Aid Highway No. 10 (57 :' Avenue North), and on Trunk Highway No. 100 East Ramps at County State Aid Highway No. 57 (57�' Avenue North); and install interconnect on County State Aid Highway No. 10/57 (57"' Avenue North) from Shingle Creek Parkway to Trunk Highway No. 100 East Ramps; and WHEREAS, the City requests and the State agrees to the installation of Emergency Vehicle Pre- emption Systems, hereinafter referred to as the "EVP Systems ", as a part of the 77575 -1- • new traffic control signal installations on Trunk Highway No. 100 West Ramps at County State Aid Highway No. 10 (57`" Avenue North), and on Trunk Highway No. 100 East Ramps at County State Aid Highway No. 57 (57 " Avenue North) , and in accordance with the terms and conditions hereinafter set forth; and WHEREAS, it is anticipated that the traffic control signals with street lights, EVP Systems and signing, and the interconnect work is eligible for 80 percent Federal -aid Surface Transportation Project Funds; and WHEREAS, it is considered in the public's best interest for the State to provide six (o) mast arm pole standards, three (3)' pedestal shafts and bases, and two (2) new cabinets and control equipment to operate said traffic control signals; and WHEREAS, the County, City and the State will participate in the cost, maintenance and operation of the new traffic control signals with street lights, EVP Systems and signing, and the interconnect, as hereinafter set forth; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The State shall prepare the necessary plan, specifications and proposal which shall constitute "Preliminary Engineering". The State shall also perform the construction irspecticn required to complete the items of work hereinafter set 1778 forth, which shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. 2. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials, and equipment rental required to complete the work, except the cost of providing the power supply to the service poles or pads, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The State with its own forces and equipment or by contract r r ' t shall perform the traffic control signal work provided for under State Project No. 2755 -72, State Project No.'s 27- 610 -23 and 27- 657 -03 and Federal -aid Project No. STP 5402 (22) with the Construction Costs shared as follows: a) Trunk Highway No. 100 West Ramps at County State Aid Highway No. 10 (57 Avenue North) System "A ". Remove the existing traffic control sianal and install a new traffic control signal with street lights, EVP System and signing. Estimated Construction Cost is $115,500.00 which includes State furnished materials. Anticipated Federal -aid share is 80 percent. Anticipated State's share is 10 percent. County's share is 10 percent. 77573 s b) Trunk Highway No. 100 East Ramps at County State Aid Highway No. 57 (57t Avenue North) System "B ". Remove the existing traffic control signal and install a new traffic control signal with street lights, EVP System and signing. Estimated Construction Cost is $110,250.00 which includes State furnished materials. Anticipated Federal -aid share is 80 percent. Anticipated State's share is 10 percent. County's share is 10 percent. c) On County State Aid Highway No. 10/57 (57` • Avenue North) from Shingle Creek Parkway to Trunk Highway No. 100 East Ramps. Install interconnect. Estimated Construction Cost is $6,000.00. Anticipated Federal -aid share is 80 percent. Anticipated State's share is 10 percent. County's share is 10 percent. 4. Upon execution of this agreement and a request in writing by the State, the County shall advance to the State an amount equal to its portion of the project costs. The County's total portion shall consist of the sum of the following: a) The Councv's share (as specified in Paragraph 3) based on the actual bid prices 71578 � and the estimated State furnished material costs. b) Eight (8) percent of its share (Item (a) above] for the cost of Engineering and Inspection. 5. Upon completion and final acceptance of the project, the Countv's final share shall consist of the sum of the following: a) The Countv's share (as specified in Paragraph 3), based on the final payment to the Contractor and the actual State furnished • materials costs. b) Eight (8) percent of its final share [Item (a) above] for the cost of Engineering and Inspection. The amount of the funds advanced by the County in excess of the County's share will be returned to the County without interest and the County agrees to pay to the State that amount of its final share which is in excess of the amount of the funds advanced by the County. 6. The City shall provide an adequate electrical power supply to the service pads or poles, and upon completion of said new traffic control signals with street lights installations 7 7578 shall provide necessary electrical power for their operation at the cost and expense of the City. 7. Upon completion of the work contemplated in Paragraph 3 hereof, it shall be the City's responsibility, at its cost and expense, p se, to: (_) maintain the luminaires and all its components, including replacement of the luminaire if necessary; (2) relamp the new traffic control signals and street lights; and (3) clean and paint the new traffic control signals, cabinets and luminaire mast arm extensions. It shall be the State's responsibility, at its cost and expense, to maintain the signing and interconnect, and to perform all other traffic control signal and street light maintenance. 8. The EVP Systems provided for in Paragraph 3 hereof shall be installed, operated, maintained, or removed in accordance with the following conditions and requirements: a) All maintenance of the EVP Systems shall be done by State forces. b) Emitter units may be installed and used only y _ on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 159.01, Subdivision 5 and 10 6 9.03. The City will provide t: -_e State's Assistant Division Engineer or his duly appointed representative 77578 i a list of all such vehicles with emitter units. c) Malfunction of the EVP Systems shall be reported to the State immediately. d) In the event said EVP Systems or components are, in the opinion of the State, being misused or the conditions set forth in Paragraph b above are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the State, the State shall remove the EVP • Systems. Upon removal of the EVP Systems pursuant to this Paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the State. e) All timing of said EVP Systems shall be determined by the State through its Commissioner of Transportation. 9. In the event the State advertises for bids for all or a portion of the work in Paragraph 3 hereof, the State shall submit to the Hennepin County engineer a certified copy of the • „77573 low bid received and an abstract of all bids received by the State, together with the State's request for concurrence by the County in the Award of a construction contract. Award of the contract shall not be made until the County Engineer advises the State in writing of its concurrence. 10. Final plans and specifications for construction of the traffic control signal work provided in Paragraph 3 hereof shall have County approval prior to award of construction contract by the State. Said County approval shall be evidenced by signature of the County Engineer in the designated space therefor on the original plan. ® 11. The construction work provided for herein shall be under the direction and supervision of the State. It is agreed, however, that the County shall have the right to periodically inspect the cost sharing construction work provided for in Paragraph 3 hereof. The State shall have the exclusive right to determine whether the work has been satisfactorily performed by the State's Contractor. 12. The State shall insert in any contract with the successful bidder a clause requirina the successful bidder to hold the County and City harmless and also clauses requiring the successful bidder to provide and maintain insurance, all as follows: ! 77573 -3- • a) The Contractor agrees to defend, indemnify and hold harmless the County and City, their officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the Contractor, its subcontractors, anyone directly or indirectly employed by them, and /or anyone for whose acts and /or omissions they may be liable in the performance of the services required by this Contract, and against all loss by reason of injuries or damages received or sustained by a person, persons, or property on account of the operations of the Contractor or any subcontractor or their agents or employees; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any environmental damage or .azardous material damage caused by or resulting from the Contractor's 77578 -9- • activities; or because of any act or omission, neglect, or misconduct of the Contractor; or because of any claims arising or amounts recovered from infringements of patent, trademark, or copyright; or because of any claims arising or amounts recovered under the Worker's Compensation Act; or under anv other law, ordinance, order or decree, or due to the failure of the Contractor to perform fully, in any respect, all obligations under this Contract. b) In order to protect itself and Hennepin County the Contractor shall at all times during the term of this Contract, and beyond such term when so required, have and keep in force the following insurance coverages: 1. Commercial General Liability on an occurrence basis with Contractual Liability and Explosion, Collapse, and Underground Property Damage (XCU) Liability coverages: - General Aggregate Limit $1,000,000 - Products -- Completed Operations 7779 -10- • Aggregate Limit $1,000,000 - Personal and Advertising Injury Aggregate Limit $1,000,000 - Each Occurrence - Combined Bodily Injury and Property Damage Limit $1,000,000 2. Automobile Liability Combined single limit each occurrence coverage for bodily injury and property damage covering owned, non- owned, and hired automobiles. Limit $1,000,000 3. Workers' Compensation and Employer's Liability: (A) Workers' Compensation Limit - per Minnesota Statutes. If the Contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. (B) Employer's Liability. Bodily injury by: Accident - Each Accident $100,000 i 77578 Disease - Policy Limit $500,000 Disease - Each Employee $100,000 c) An umbrella or excess policy over primary liability insurance coverages is an acceptable method to provide the required insurance limits. The above subparagraphs establish minimum insurance requirements. It is the sole responsibility of the Contractor to determine the need for and to procure additional insurance which may be needed in connection with this contract. Copies of insurance policies shall be submitted to the County upon written request. d) The Contractor shall not commence work until the Contractor has obtained required insurance and filed with the County a properly executed and acceptable Certificate of Insurance which clearly evidences all required insurance coverages. The certificate shall name Hennepin County as certificate holder, and shall also name Hennepin Countv and the City as additional insureds for the Commercial General Liability 77578 -12- i coverage with respect to operations covered under the Contract. The certificate should also show that Hennepin County will receive 30 days' prior written notice in the event of cancellation, nonrenewal, or material change in any described policies. The Contractor shall furnish to the County updated certificates during the term of the Contract as insurance policies expire. If the Contractor fails to furnish proof of insurance coverage, the County through the State may cause payments to be withheld from the Contractor, and /or may pursue any other right or remedy allowed under the Contract, law, equity, and /or statute. e) The County agrees to pay to the State the total amount of the liability insurance coverage premium costs, described herein, incurred by the State's Contractor for State Project No. 2755 -72 in procuring and maintaining for the duration of the Contractor's contractual obligation to said 77578 -13- • State project. As such time, be it one or more, as the said State's Contractor furnishes the State with a certified statement of the insurance premium costs the Contractor has incurred on procuring the aforesaid insurance coverage, the State will invoice the County for the total amount of the insurance premium costs set forth in said certified statement from the Contractor, and the County small, upon receipt of said invoice, promptly make payment thereof to the . State. 13. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the County or City and any and all claims that may or might arise under the Workers' Comaensatior_ Act of this State on behalf of said employees while so engaged, and any and all claims made by any fourth party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the County or City. The State shall not be responsible under the Worker's Co^pensation Act for any employees of the County or City. • 14. All timing of the new traffic control signals provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 15. Upon execution and approval by the County, the City and the State and completion of the construction work provided for herein, this agreement shall supersede and terminate Agreement No. 56828, between the parties. 77578 -15- COUNTY OF HENNEPIN ATTEST: By: Chair of its County Board By: Deputy /Clerk of the Countv Date: Board Date: And: Assistant /Deputy /County APPROVED AS TO FORM: Administrator By: Date: Assistant County Attorney Date. And. Associate County Administrator Public Service and County APPROVED AS TO EXECUTION: Engineer Date. By: RECOMMENDED FOR APPROVAL: Assistant County Attorney Bv: Date: Director, Transportation_ Department Date: This certifies that the signatories for the County have lawful authority, by virtue of board resolution, to bind the County to the terms of this Agreement. State of Minnesota County of Hennepin This before is Agreement was acknowledged bero�e me phis day of 1998, by and the Chair of the Board and (Name) of t e County of Hennepin. (Title) Notary Public My Commission Expires 77578 -16- • CITY OF BROOKLYN CENTER APPROVED AS TO FORM: By City Attorney Mayor Date By Title Date State of Minnesota County of Hennepin This Agreement was acknowledged before me this day of 1998, by and (Name) the Mayor and (Name) (Title) of the Citv of Brooklyn Center. Notary Public My Commission Expires 77578 -17- • STATE OF MINNESOTA DEPARTMENT OF TRAiNSPORTATION RECOMMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION By Assistant Division Engineer Assistant Commissioner Dated APPROVED AS TO FORS AND EXECUTION: DEPARTMENT OF ADMINISTRATION By Assistant Attorney General State of Minnesota Dated • 775- 78 RESOLU?'ION BE IT RESOLVED that the County of Hennepin enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre - emption and signing on Trunk Highway No. 100 West Ramps at County State Aid Highway No. 10 (57t Avenue North), and on Trunk Highway No. 100 East Ramps at County State Aid Highway No. 57 (57t Avenue North); and install interconnect on County State Aid Highway No. 10/57 (57 Avenue North) from Shingle Creek Parkway to Trunk Highway No. 100 East Ramps in accordance with the terms and conditions set forth and contained in Agreement No. 77578, a copy of which was before the Board. IT IS FURTHER RESOLVED that the Chair of the Board and the are authorized to execute the Agreement. (Title) CERTIFICATION State of Minnesota County of Hennepin City of Brooklyn Center I he + �, r hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Board of the County of Hennepin at a duly authorized meeting thereof held on the day of 1998, as shown by the minutes of said meeting in my possession. Notary Public (signac1re) is My Commission Expires RESOLUTION BE IT RESOLVED that the City of Brooklyn Center enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: To remove the existing traffic control signals and install new traffic control signals with street lights, emergency vehicle pre - emotion and signing on Trunk Highway No. 100 West Ramps at County State Aid Highway No. 10 (57" Avenue North) , and on Trunk Highway No. 100 East Ramps at County State Aid Highway No. 57 (57t Avenue North) ; and install interconnect on County State Aid Highway No. 10/57 (57 1h Avenue North) from Shingle Creek Parkway to Trunk Highway No. 100 East Ramps in accordance with the terms and conditions set forth and contained in Agreement No. 77578, a copy of which was before the Council. IT IS FURTHER RESOLVED that the Mayor and the are authorized to execute the Agreement. (T itle) CERTIFICATION State of Minnesota County of Hennepin City of Brooklyn Center I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Brooklyn Center at a duly authorized meeting thereof held on the day of 1998, as shown by the minutes of said meeting in my possession. (Signature) �Tocary Public �JV Co:PSitission Exuires City Council Agenda Item No. 6f IIEIIORANDUII DATE: June 2, 1998 TO: Michael J. McCauley, City Manager FROM: Joyce Gulseth, Public Works Administrative Aide SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ----------- - - - - -- -------------- - - - - -- - - - - -- RAYMOND & GERALDINE CROASTON 6743 DREW AVE N 24 RICHARD & BEVERLY CHAPPLE 2001 71ST AVE N 25,26,27 SONNTAREE LBEL 6701 FRANCE AVE N 28 CALVIN WILLIAMS 7212 KYLE AVE N 29 JOHN & STEPHANIE KUNIK 7224 DUPONT AVE N 30 M. SCHWEITZER & C. BESAW 1300 55TH AVE N 31 BONITA & HENRY JOHNSON 6736 SCOTT AVE N 32 SHANA WINTER & BRUCE BLRFEEND 6707 REGENT AVE N 33 RICHARD SULLIVAN 6713 REGENT AVE N 34,35 LORRAINE GREGORY 6700 DREW AVE N 36 CITY OF BROOKLYN CENTER SHINGLE CREEK NORTH PARK 37,38,39 THE BEACH CONDO ASSOCIATION 4207 LAKESIDE AVE 40 LEONARD & ROBIN MAZUREK 4200 LAKE BREEZE 41 CITY OF BROOKLYN CENTER NORTHPORT PARK 42 W1I. & IRENE BARTRANI 6107 BROOKLYN BLVD 43,44,45,46 PATRICK READY 1019 73RD AVE N 47 VALORIE BEADY 7249 DUPONT AVE N 48 Is BRADLEY & DEDRE FOSS 5537 JUDY LANE 49 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 6g City of Brooklyn Center Agreat place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk J"4� DATE: June 3, 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 June 8, 1998: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Brooklyn Center Community Center 6301 Shingle Creek Parkway Earle Brown Bowl 6440 James Circle Davanni's 5937 Summit Drive Fuddrucker's 5800 Shingle Creek Parkway Lynbrook Bowl 6357 North Lilac Drive MCTO 6845 Shingle Creek Parkway AMUSEMENT DEVICES - VENDOR American Amusement Arcades 2100 West 96th Street, Bloomington CDL 12322 Business Park Blvd N, Champlin MECHANICAL SYSTEMS Northwest Sheetmetal Co. of St. Paul 110 Sycamore Street W, St. Paul River City Sheetmetal, Inc. 10105 Linnet Street NW, Coon Rapids MOTOR VEHICLE DEALERSHIP R. L. Brookdale Motors, Inc. 6801 Brooklyn Boulevard RENTAL DWELLINGS ,Renewal: KMS Management, Inc. Ryan Lake Apartments 6301 Shingle Creek Pktvy, Brooklyn Center, iTLY 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 1 Eq ual Opportunities Employer Licenses -2- June 3, 1998 KiNIS Management, Inc. Shingle Creek Apartments Barbara and Maurice Moriarty 2825 67th Lane N Gregory Lutgen 7216 Brooklyn Boulevard Jay Nelson Battenberg 5235 Drew Avenue N Roland Scherber 5213 Ewing Avenue N Robert and Marilyn Cashman 5430 Humboldt Avenue N Brett Parker 5242 Lakeside Place Steve Loechler 5736 Logan Avenue N Gerard Moss and Brett Hildreth 5519 Lyndale Avenue N SIGN HANGER Imaginality, Inc. 6182 Olson Memorial Hwy, Golden Valley TAXICAB Town Taxi, #123 7000 57th Avenue North, Crystal • City Council Agenda Item No. 7a • MEMORANDUM. DATE: June 2, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: An Ordinance Providing for the Sale of a Portion of Bellvue Park This ordinance would provide for the sale of a portion of Bellvue Park to the City's EDA. The land would be replatted as portions of several new private residential lots in the Bellvue Lane Addition. The first reading of this ordinance was conducted on April 27, 1998, and a public hearing was scheduled for May 26, 1998. Due to a Brooklvn Center Post publication error, the public hearing on May 26 was tabled until June 8, 1998. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day 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 10 E I111lIfY EASE{Af qT_ _ - -��,� � � � ,.- • ' f f, ! \•� .•, f , , n, 01- 1111 -21- 11!•0124 01- 119 -21 -34 -0016 t') CI FY 1'ArfK CC. IICA KMAII J - 1 •�` a 1 1 , ltl i - \• AREA TO BE CONVEYED T UC) w 1 12.428 $f • 610 �\ 15' i , ,. N89 ° 25'55 'E AD Pt' 1 - - t P� , bt -- �' ' l 0 n7� -- y 1 I o t W n uPf ''I'Ca.l,: i, %. 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REGIONAL PARK -` 53RD AVE N °- � City Council Agenda Item No. 7b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 8th day of June, 1998, at 7 p.m. or as soon thereafter as the matter may be heard 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 City Clerk at 569 -3300 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. Section 23 -601 of the City Ordinances of the City of i Brooklyn Center is herebv amended n the following manner: 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. Consignment House Dealer means a person whose regular business includes receiving, but not nurchasina. tangible property with the intention to sell the, nronertv and divide the proceeds with the owner.. Section 2. Section 23 -602 of the City Ordinances of the City of Brooklyn Center is herebv amended in the following manner: Section 23 -602. EXEMPTIONS. Sections 23 -601 through 23 -633 shall not apple to or include the following. ORDINANCE NO. • 1. The sale of secondhand goods where all of the following are present. 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 roe from a merchant manufacturer r p p rty o wholesaler having b 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 mo tor vehicle is taken in a ba' n 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 fiirniture. excluding electronic devices. ORDINANCE NO. • 12. Sales of clothing provided no new clothing is sold (other than clothing, purchased from commercial wholesalers for resale at retail). 13. Sales of recvcled motor oil. 14. Sales by charitable organizations selling donated goods.. 15. Sales of bona fide antiques or collectibles. 16. Sales of used books and magazines. 17. Resale of merchandise returned to the seller after an initial sale by the seller. 118. Sales of used toys. Section 3. Section 23 -613 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: 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, dav_ care center. or church; C. Where operation of a licensed premise would violate zoning ordinances et; 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 . or: e. Established as a pawiZShop after April 2. 1996. which is within ten (10) driving miles of anv gambling casino. Section 4. Section 23 -618 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -618. RECORDS. A licensed secondhand goods dealer and pawnbroker, . ORDINANCE NO. 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. A4n A complete and accurate description of the item including, but not limited to, any trademark, identification number, serial member, owner avi)lied number. model number, brand name and/or other identifying mark(s) on such item; b. The purchase price; C. Date time and lace of receipt; p 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 (excluding consianment house dealers and dealers in computer cartridges. nortable video games. and compact discs or similar sound or video recordings) 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 minim of one year 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. ORDINANCE NO. h. If a pawn transaction. the amount due and maturitv date• and monthly and annual interest rate. including all pawn fees and charges.. Section 5. Section 23 -619 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -619. DAILY REPORTS AND EXEMPTIONS. 1e- 1Ullowin items; regardless oF c, 3% etTds 4e`icr oT privq+t mu3t ttta e ou t ,tppl'ev -d b° the police department, ly me.1 - 1 or cou:icr t-e -the p31:ec u-ep`art� le pfcced ing day tegether time rcceivt4 llc i1 u `Ili, E306 VvC'.Zi, EL. 1 iems with a serial nttiabcr, or other per3oaal ide�tria i1u11 ibf -r81 Symbol @rite --- -- from which Rich auillber :.; 3)ii b1 - -ca, of - nay have bcca, rcnlov; a , IAL a Uf ob literated-, L• Caa1Cf `u3,- e. Elce c io or video cquip t; d. Pft;ei0tt3 ji,V;C1 )" 0 .F dild " f i11etC't�3; t. i 11C1JC •�� 1 � Gtm alild F;rc Tits - , , p *-hen of lauil� g. T ft�,1133 no lnillUdt:Ci zivoVe, e.. \ "t`1,' i u11d kip appli a11,ti3, wllii,h ,hC 3CC0i1d hftnd geods fic alc r of p ,......1__..k er i tends to sell for more t1tatt $290. A comnuterized record of all transactions (except transactions of consignment house. dealers and dealers in computer cartridges. portable video games. and compact discs, or similar sound or video record in.Ps) must be submitted to the police department on a dailv basis. The computerized records must be compatible with the computer system used by the Brooklyn Center Police Department. All items received must be. reported on the computer system The report shall include all information required under Section 23-618. Section 6. Section 23 -620 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -620. STOLEN GOODS AND IDENTIFICATION MARKINGS. A ORDINANCE NO. 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 seria number or other personal identification number or symbol has been. or mav_ have been.. removed. altered. or obliterated. Section 7. Section 23 -621 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -621. HOLDING. An item received by a seeondhand goods dealer o pawnbroker as a pawn or loan transaction, for-or izh c, T%.pert -to the poliee i3 rcquircd -may not be sold or otherwise transferred for a period of 4-2 days after the date of stieh reptft -to the yla.icc 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 g Y .. a daily to t police department is required by Section 23 -619 mav not be sold for a period of 30 days after re ceipt. Firearms acquired by a secondhand good dealer may be sold for a period of 90 days after receipt. . Section 8. Section 23 -622 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: 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 telep_ hone number, and date of birth of the pledger or seller. ab. The address and telephone number of the business; be. The date and time of pa or purchase transaction: ed. 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 type of identification provided by the pledgor or seller. A description of the pledger including approximate height, sex and race. h. The amount p aid or advanced. ORDINANCE NO. i. In the case of pawn transactions. the maturitv date and amount due and the, monthlv and annual interest rates. including all pawn fees and charges.. 1-= In addition. in the case of pawn transactions. the following statements shall. be printed on the receipt: 1. "Anv personal property pledged to a _pawnbroker within this state is subiect to sale or disposal when there has been no payment made on the account for a period of not less than 90 days past the date of the Dawn transaction. renewal. or extension: no further notice is necessary. There is no obligation for the pledgor to redeem pledged goods." 2. "The oledgor of this item attests that it is not stolen. it has no liens or encumbrances against it. and the pledgor has the right to sell or pawn the item." 3. "This item is redeemable only by the pledgor to whom the receipt was issued. or any person identified in a written and notarized authorization to redeem the property identified in the receipt. or a person identified in writing by the pledaor at the time of the initial transaction and signed bv pledgor. Written authorization for release of property to persons other than the original nledgor must be maintained along with the original transaction record." Section 9. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -623. POLICE ORDERS. If a city police officer or other law enforcement officer notifies a dealer not to sell an item, the item may not be sold or removed from the licensed premise until authorized to be released by the police, or court order. Said notification, if verbal, should be followed by a written order within 7213ettrs 14 dav_ s setting forth the item to be held and the reasons therefore. Section 10. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Section 23- 624.01 as follows: Section 23- 624.01. MOTOR VEHICLE TITLE PAWN TRANSACTIONS. Subdivision 1. In addition to t other requirements o f this section. a pawnbroker who holds a title t a motor vehicle as part of a p awn transaction shall: ORDINANCE NO. a. be licensed as a motor vehicle dealer under Minnesota Statutes section 168.27. and post such license on the pawnshop premises: b. verifv that there are no liens or encumbrances against the motor vehicle with the department of public safety: C. verifv that the pledgor has automobile insurance on the motor vehicle as required by law. Section 11. Section 23 -626 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: 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 sell. or deposit anv article of nronerty 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. Si¢nase: A, sign must he conspicuously posted on each licensed premises that is nqt less than four feet square in surface area. comprised of lettering, not less than 3/4" high stating the following: To pawn or sell property: A. You must be at least 18 years of age. B. You must be the true owner of the property. C. The property must be free of all claims and liens. ORDINANCE NO. • D. You must present valid photo identification. E. Violation of anv of these requirements is a crime. Section 12. Section 23 -628 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -628. REDEMPTION. A person who pawns an item shall have at least 4-2.0 90 days to redeem the item before it may be sold. Redemption and effect of nonredemntion shall otherwise be governed by Minnesota Statutes Chapter 325J. Section 13. Section 23 -629 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 23 -629. PAYMENTS BY CHECK. When a seeondliand ,1 ,. r go 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 sec ondhand goods dealer makes payment in an amou greater than one hundred dollars 1001 for an item or items receive from a single seller at the licensed - I ' ace of business payment must be mad by check, payable to the named payee wh o is actually the intended seller., Section 14. Section 23 -630 of the City Ordinances of the City f Brooklyn Center Y y is hereby amended in the following manner: Section 23 -630. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter—, iftspeet and search business premises licensed under this section, or offsite storage facilities of the licensee. during normal business hours, without a warrant for the pu rpose of inspecting such p remises and the records and articles therein. Section 15. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. V Adopted this p day of .1998. Mayor ATTEST: City Clerk ORDINANCE NO. Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 8a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Sp talist .' Subject: City Council Consideration Item - Planning Commission Application No. 98008 Date: June 3, 1998 On the June 8, 1998 City Council Agenda is Planning Commission Application No. 98008 submitted by City of Brooklyn Center requesting Preliminary Plat approval to create 15 new single family residential lots and two outlots on 6.48 acres of land located between 4th Street North and Bryant Avenue, north of 53rd Avenue. Attached for your review are copies of two Planning Commission Information Sheets for Planning Commission Application No. 98008 and also an area map showing the location of the property under consideration, the proposed plat, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their May 14, 1998 meeting and was tabled by the Planning Commission to give City representatives an opportunity to meet with Hennepin County and Minneapolis representatives to discuss further the Brooklyn Center proposal. It was reviewed again by the Planning Commission at their May 28, 1998 meeting and was recommended for approval with slight modifications to the plat to provide for three lots instead of four on the west end of the Bellvue Lane cul -de -sac and to accommodate adjustments to the location of the easements for sewer and water lines. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of the Planning Commission. i • Application Filed on 4 -23 -98 City Council Action Should Be Taken By 6 -22 -98 (60 Days) Planning Commission Information Sheet Application No. 98008 Applicant: Economic Development Authority Location: 53rd Avenue North Between 4th Street North and Bryant Avenue Request: Preliminary Plat The Economic Development Authority (EDA) of the City of Brooklyn Center is seeking preliminary plat approval to create single family residential lots and outlots out of the property which was recently acquired and cleared, located between 4th Street North and Bryant Avenue North, north of 53rd Avenue. The property in question is zoned R -2 (One and Two Family Residence) except for approximately 25,000 sq. ft. of land located at the northeast comer of 53rd and Camden Avenues that is zoned R -4 (Multi- Family Residence) and was the former location of two four - plexes. The EDA has acquired and cleared 28 residential lots within the past year for the purpose of • creating a parkway like greenstrip amenity along 53rd Avenue and new housing in this area. This application was presented to the Planning Commission on May 14, 1998, at which time a public hearing regarding the proposal was held. Following the closing of the public hearing and discussion on the matter, the Commission tabled the request until city representatives had an opportunity to meet with representatives of the City of Minneapolis and Hennepin County regarding issues that had been raised relating to the City's proposed 53rd Avenue project. The meeting was held on Wednesday, May 20, 1998, and the matters were discussed. City Manager, Michael McCauley, will be present at Thursday evening's meeting to discuss the results of that meeting. The preliminary plat is back on the Commission's agenda for consideration. We have requested the consulting engineer to slightly modify the plat so that there will be three lots instead of four on the west end of the Bellvue Lane cul -de -sac. This will necessitate the need to adjust the location of the easements for sewer and water lines running between the proposed Bellvue Lane and Bryant Avenue. Attached for the Commission's review is the Planning Commission Information Sheet from May 14, 1998, related to this application and the Commission's attention is also directed to the minutes of May 14, 1998 related to this matter. We will have a modified plat by Thursday S 5 -28 -98 Page 1 • evening for the Commission's review, in the meantime, the previously presented plat is attached for review purposes. A public hearing was held on May 14, 1998, and was closed. No new notice was published. The Commission may reopen the hearing if it wishes additional comments. RECOMMENDATION We recommend proceeding with the preliminary plat and recommend approval subject to at least 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 Approval of this plat acknowledges the need to rezone the proposed Lots 1, 2 and 3, Block 2 from R -4 to R -2. The platting process may proceed, however, no building permits for said lots may be issued until the rezoning process has been completed. • 5 -28 -98 Page 2 Application Filed On 4 -23 -98 City Council Action Should Be Taken By 6 -22 -98 (60 Days) Planning Commission Information Sheet Application No. 98008 Applicant: Economic Development Authority Location: 53rd Avenue North Between 4th Street North and Bryant Avenue Request: Preliminary Plat The Economic Development Authority (EDA) of the City of Brooklyn Center is seeking preliminary plat approval to create 16 new single family residential lots and two outlots out of the property which was recently acquired and cleared, located between 4th Street North and Bryant Avenue North, north of 53rd Avenue. The property in question is zoned R -2 (One and Two Family Residence) except for approximately 25,000 sq. ft. of land located at the northeast corner of 53rd and Camden Avenues that is zoned R -4 (Multi - Family Residence) and was the former location of two four- plexes. The area is bounded by 4th Street North on the east; 53rd Avenue on the south; Bryant Avenue on the west; and by a number of single family homes and Bellvue Park on the north. Camden Avenue runs north and south through the approximate center of the property under consideration. • The EDA acquired and cleared 28 residential lots within the past year for the purpose of creating a parkway like greenstrip amenity along 53rd Avenue and new housing in this area. The proposed plat calls for dedication of 50 ft. of right -of -way for a new east west roadway to be known as Bellevue Lane which will connect with 4th Street on the east and will end in a cul -de- sac between Camden and Bryant Avenues. The plat, to be known as the Bellvue Lane Addition, will create 16 single family lots ranging in size from 10,211 sq. ft. to 19,822 sq. ft. with the average size being just a little over 12,000 sq. ft. in area. The minimum requirements for a single family lot in a R -2 zone are 60 feet in width and 7,600 sq. ft. in area for an interior lot and 75 feet in width and 8,750 sq. ft. in area for a corner lot. Most of the interior lots in the proposed subdivision are 80 feet in width with the two corner lots being 90 feet. The lots around the cul- de-sac are all at least 60 feet in width at the front setback line. A portion of Bellvue Park will become part of the newly created lots and the new Bellvue Lane. Outlots A and B will be the 50 foot wide greenstrip, landscape or parkway area separating the new lots from the existing 53rd Avenue North. The City has had numerous meetings to discuss the landscaping and proposed housing in this area and the neighborhood is in support of the project. Mr. Tom Bublitz, Community Development Specialist, will be in attendance at Thursday's Planning Commission meeting to review the project plan for the parkway greenstrip and the plans and timing for construction of the new homes in this area. • 5 -14 -98 Page 1 ® Neighborhood street improvement projects including sanitary sewer, water, storm sewer and curb and gutter will be constructed this summer for 4th Street North, Camden and Bryant Avenues. The new Bellvue Lane will be constructed as well. Sanitary sewer and water will be installed in Bellvue Lane along with storm sewer for the new development. The City Engineer is reviewing the preliminary plat for roadway and utility extensions and may make additional comments as well. Existing homes to be located on the north side of the proposed Bellvue Lane will continue in their present location with new accesses to their garages to be provided off the new street. Five foot wide drainage and utility easements are to be provided around the interior lot lines with ten foot wide easements on the front and rear lot lines. A 35 foot wide easement will be provided on the very east end of the plat over the proposed Lot 7, Block 2. This contains existing utilities and is a portion of 4th Street that will be vacated. Building setbacks for a principal building are 50 feet where it abuts with I -94 ri ght -of -way (a major thoroughfare). A 20 foot wide drainage and utility easement, 10 feet each on Lots 2 and 3, Block 1, are proposed to accommodate sanitary sewer and water running between Bryant Avenue and the new Bellvue Lane. A 10 foot wide easement, 5 feet each on Lots 1 and 2, Block 1, will accommodate a 15 inch storm sewer line running between Bryant and the new Bellvue Lane. A matter that has been unintentionally overlooked until now is the need to rezone the approximate 25,000 sq. ft. area of land at the northeast corner of 53rd and Camden Avenues from . its current R -4 zoning designation to R -2, which is the predominant zoning in this area. As indicated previously, there have been a number of neighborhood meetings to determine the best way to redevelop this area, and this plat meets that criteria. We will need to go through a rezoning hearing process to accomplish the necessary rezoning and a separate application will be brought before the Planning Commission on June 11, 1998. In the meantime, the plat can go forward, however, no building permits could be issued over the proposed Lots 1, 2 and 3, Block 2 until the rezoning process is complete. The total area comprehended in this plat is 6.48 acres. This is below the threshold for requiring Watershed Commission review of the plat. A public hearing has been scheduled for this preliminary plat and notice of the Planning Commission's consideration has been published in the Brooklyn Center Sun/Post. RECOMMENDATION The proposed preliminary plat appears to be in order and approval of this application is recommended subject to at least the following conditions: I. 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. 5 -14 -98 Page 2 a 3. Approval of this plat acknowledges the need to rezone the proposed Lots 1, 2 and 3, Block 2 from R -4 to R -2. The platting process may proceed, however, no building permits for said lots may be issued until the rezoning process has been completed. • -14 -98 Page 3 o w ww w�.ww Mw' wwwwwww N Ott /E �/ 1 1 w Nw 3AY 1140 V ++ '3AY 11 30 '7 _ x I � ���� -1 f 1 f CC� N '3 Y Ipla01Y Ul "(1 x l � ' �x . C�f. . = C=RC -- FJ - - - - - C _ 7 �i Fr1 L - r CC__�l IC 1 'N •3nr xrd _ -- -._ - _. 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Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Assistant City Manager Jane Chambers, Community Development Specialist Tom Bublitz, Councilmember Debra Hilstrom and Planning Commission Recording Secretary Arlene Bergfalk. APPROVAL OF MINUTES - APRIL 30. 1998 There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to approve the minutes of the April 30, 1998 meeting as submitted. The motion passed unanimously. Commissioner Newman abstained. CHAIR'S EXPLANATION Chair Willson explained the Planning, Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. ECONOMIC DE VELOPMENT AUTHORITY - APPLI_CATION NO. 98008 Chair Willson introduced Application No. 98008, submitted by the Economic Development Authority (EDA) of the City of Brooklyn Center, requesting preliminary plat approval to create 16 new single family residential lots and two outlots out of property located between 4th Street North and Bryant Avenue North, north of 53rd Avenue. The application was filed on 04 -23 -98 and City Council action should be taken by 06 -22 -98 (60 days). Mr. Warren presented the staff report and used overhead transparencies to show the location of the 6.48 acre property and the preliminary plat to be known as Bellvue Lane Addition. (See attached Planning, Commission Application Information Sheet dated 05- 14 -98.) Except for 25,000 sq. ft. of land zoned R -4, the property is zoned R -2. A separate application to rezone the R -4 portion to R -2 will come before the Commission at its meeting on June 11, 1998. This plan. a result of EDA property acquisition along with neighborhood meetings, provides for a g,reenstrip amenity along, 53rd Avenue North and near housing, in the area. Mr. Warren described 5 -14 -98 1 the various lot sizes and the plans for construction of the new roadway (Bellvue Lane), new drainage • and utility installations, and other street improvements in the area. The 50 ft. wide greenstrip, developed on Outlots A and B, separate the new lots from 53rd Avenue North. Notice of a public hearing on the Application scheduled at this meeting was published in the Sun /Post. Mr. Warren stated the proposed preliminary plat appears to be in order and recommended approval of the application subject to 3 conditions outlined in the staff report. Mr. Warren indicated that Community Development Specialist Tom Bublitz is present to review the project plan for the greenstrip and the plans and timing for construction of new homes in this area. At Chair Willson's request, Mr. Bublitz provided additional background information about the EDA's work on this project, reviewed the proposed timeline and tasks for completion, methods for marketing and development, design and construction of the project. He showed examples of house designs and floor plans expected to be built. It is anticipated that construction of 3 model homes will be completed by late summer or early fall 1998. The homes will sell in the $140,000- 150,000 range; however, input on the selling prices from the assessor and real estate professionals is expected. Commissioners had questions concerning the purpose of the project and City costs of the project (including property purchase, relocation, demolition, streets, utilities, marketing and management). Commissioners expressed concerns on various matters such as: management of the project, taking of park property, the "break -even point" of the project, maintenance of the greenstrip, connections • to the Mississippi River, regional parks and trails, orientation of homes on lots, fencing, buffering of traffic, security of residents, involvement and discussion (if any) with the City of Minneapolis, impact on the "critical area," and the sizes of some lots. Messrs. Bublitz and Warren responded to Commissioners' questions and concerns based on current information available to them. The Planning ommissio g n enerall viewed the Bellvue Lane Addition p reliminar y p lat resented y r �n r r at this time as incomplete and premature since many questions and concerns have been raised. A major concern at this time is the need for input from the City of Minneapolis and County Commissioner Opat with respect to adjacent project(s) and to determine whether coordination/relationship may be beneficial. It was noted that a meeting of County and Minneapolis officials with Mayor Kragness is apparently scheduled for the near future to discuss mutual interests in the subject area. PUBLIC HEARI - APPLICATI NO 98008 - ECONOM DEVELOPMENT AUTHORITY There was a motion by Commissioner Nelson. seconded by Commissioner Newman, to open the public hearing on Application No. 98008 at 8:45 p.m. The motion passed unanimously. Chair Willson called for comments from the P ublic. Ms. Nancy Carlson, 6024 Aldrich Avenue North, expressed pleasant surprise at the depth of the Commissioners' uestioning and discussion on the project. She explained her interest as a q � p J P ® neighborhood/political activist in the affected area and reported that residents of the neighborhood are appalled at the proposed plans that include a high wall, large berm, and placement of homes on the lots. In addition, she stated there are ending discussions scheduled with Minneapolis and p � p 5 -14 -98 Hennepin County officials regarding projects in the area. Ms. Carlson urged the Commission to • delay any action on the project to allow for additional discussion to be completed with officials of the City of Minneapolis and Hennepin County regarding projects in the area. Chair Willson called for additional comments from the public. No other individuals from the public appeared before the Commission during the public hearing on Application No. 98008. CLOSE PUBLIC HEARING - APPLICATION NO. 98008 There was a motion by Commissioner Newman, seconded by Commissioner Boeck, to close the public hearing at 8:50 p.m. The motion passed unanimously. I Chair Wilson called for additional questions /discussion from the Commissioners. It was noted that elevations do not appear on the plat and matters regarding re- zoning, variations, and landscaping, etc. remain to be considered and resolved. Based on the issues and concerns expressed by the Commissioners and the lack of input from the City of Minneapolis and Hennepin County, the Commissioners agreed to table action on Application No. 98008. ACTION TO TABLE CONSIDERATION OF APPLICATION NO. 98008 - ECONOMIC DEVELOPMENT AUTHORITY CONSIDERATION There was a motion by Commissioner Reem, seconded by Commissioner Boeck, to table Commission action on Application No. 98008, a request submitted by the EDA (City of Brooklyn Center) for preliminary plat approval to create 16 new single family residential lots and two outlots out of 6.48 acres of property located between 4th Street North and Bryant Avenue North, north of 53rd Avenue. • Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. CITY OF BROOKLYN CENTF,R - APPLICATION NO. 98009 AND APPLICATION INTO. 98010 Chair Willson introduced Application No. 98009, a request submitted by the City of Brooklyn Center for site and building plan approval and a special use permit to construct a new fire station at the southeast corner of 63rd Avenue North and Brooklyn Boulevard, and Application No. 98010, submitted by the City of Brooklyn Center, requesting a variance from Section 35 -400 to allow a 35 ft. building setback rather than a 50 ft. building setback required along a major thoroughfare (related to Application No. 98009 - construction of new fire station). These applications were filed on 04 -27- 98 and City Council action should be taken by 06 -26 -98 (60 days). The Commissioners agreed to consider both applications concurrently. APPLICATION NO. 98009 Mr. Warren presented the staff report using overhead transparencies to show the location and site and building plans for construction of a new 16,800 sq. ft. fire station at 6250 Brooklyn Boulevard. (See attached Planning Commission Application Information Sheet dated 05- 14 -98.) Mr. Warren described the combined properties that comprise the site that will be platted into a single lot. Demolition of existing buildings and relocation of the liquor store will clear the site for a new 5 -14 -98 3 fire station. The property is zoned R -1 and the station, as a publicly ow=ned structure, is considered a special use in that zone. Using overhead transparencies, Mr. Warren outlined the location of two accesses to the site, the position of the fire station building, the floor plans, parking, and landscaping. C -1 zoning requirements are imposed on the property. Mr. Warren noted that special attention be given to the adequacy of screening in specific areas of the site because of ordinance stipulations where C -I use abuts R -1 zoned property. A new storm drain, water main, and sanitary sewer line will be constructed on the property. The City Engineer is reviewing the plans and may have additional comments. Mr. Warren pointed out that the building is proposed to be set back 35' from the Brooklyn Boulevard property line. Application No. 98010 details the variance required to allow the 35' setback rather than the 50' setback required from a major thoroughfare (Brooklyn Boulevard). Mr. Warren stated the site and building plans appear to be in order and meet the five standards under Section 35 -220 for a special i use permit and recommended approval of Application No. 98009, subject to approval of Application No. 98010, and subject to 10 conditions outlined in the staff report. i APPLICATION NO. 98010 Mr. Warren presented the staff report which details the need for a setback variance related to construction of a new fire station at 6250 Brooklyn Boulevard (Application No. 98009). (See • attached Planning Commission Application Information Sheet dated 05- 14 -98.) The City seeks a variance from Section 35 -400 which requires a 50' building setback for structures located along a major thoroughfare. Site and building plans under Application No. 98009 provide for construction of the building at a 35' setback which is the standard front yard setback for buildings along a non -major thoroughfare. Mr. Warren explained the reasons for building at the 35' setback line. A major justification is the need to incorporate the existing city well on the property into the building plans since relocation of a well is a costly endeavor. In addition, Brooklyn Boulevard studies done over the past few years recommend and encourage the City to allow non - residential buildings in that corridor to be constructed closer to the street than currently required to provide enclosure and a continuous public facade. This approach would also provide for less parking space adjacent to the Boulevard and more landscaping opportunities, and allow better utilization of lots lacking depth. Changes in the applicable ordinance are contemplated, therefore this variance request can be considered an interim variance until new regulations are adopted. Mr. Warren illustrated how the request meets the five standards for variances under Section 35 -400, noting that Standard A regarding hardship is met by the need for the City to avoid costly relocation Of an existing well. The request is also consistent with recommendations of Brooklyn Boulevard studies which endorse. ways to create a more pleasing, attractive Boulevard /streetscape. • 5 -14 -98 4 The staff recommends approval of the variance request to allow a 35' building setback rather than • a 50' setback along Brooklyn Boulevard for the West Fire Station building based on the reasons outlined in the staff report/information sheet. Notices on the public hearings scheduled for Application Nos. 98009 and 98010 have been mailed to surrounding property owners as required. Chair Willson called for comments from the Commissioners. Commissioner Boeck requested clarification regarding the accesses to the fire station site. A wide access to accommodate fire trucks on Brooklyn Boulevard will be located at approximately where the current driveway is at 6236 Brooklyn Blvd; there will be no turn lanes and existing driveways ,"Ill be closed. Extension of the median on Brooklyn Blvd is designed to prohibit dangerous turns across traffic from driveways on the other side of the Boulevard. The access on 63rd Avenue, while offset somewhat from the Rainbow entrance, will be reduced from its current width. The Commissioners acknowledged that due to the nature of a fire station with limited in and out traffic, the recommended accesses to the site are acceptable. (7 Q OQ Parkin on the site was discussed further with u e ted to improve traffic flow the east forth th chan s, s 0 on side of the site where the traffic lane is rather narrow and to take into consideration avoiding headlight glare into the residential areas. It was noted that although the 10' parking stalls provided are wider than the allowable 8'8" width, the site can accommodate at least 55 spaces, more than adequate to service the need and meet the ordinance requirements. Commissioner Reem had concerns regarding adequate screening between the site and the residential areas in terms of fencing, landscaping, lighting, parking, and trash disposal. Mr. Jeff Melchert, representing Melchert/Block Associates, further detailed the landscaping and screening plans adjacent to the residential areas, and responded to Reem's questions. The Commissioners considered and discussed improvements to the screening plans. The Commissioners agreed to conduct a combined public hearing on Application Nos. 98009 and 98010. PUBLIC HEARING - APPLICATION NOS. 98009 AND 9801 - CITY OF BROOKLYN CENTER There was a motion by Commissioner Newman, seconded by Commissioner Nelson, to open the public hearing on Application Nos. 98009 and 98010 at 10 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Ms. Jane Chambers, Assistant City Manager, introduced Mr. Al Mojrud, Mojrud Architecture, Minneapolis. Mr. Mojrud displayed a composite photograph of the building. He stated that the • offset access on 63rd will create no traffic conflict and noted that the Fire Department will be authorized to control the traffic lights at the 63rd Avenue/Brooklyn Boulevard intersection. He commented on the space for traffic flow, the fencing and landscaping on the east side of the site, 5 -14 -98 5 exterior lighting, and signage. Mr. Mojrud noted that the City staff has been outstanding to work with on this project. The cost of the new station is $2.6 million. Ms. Chambers reviewed the agreement with the residential/home business owner on the east side who requested that no fencing be constructed between the two properties to allow for continued parking for his property. Ms. Chambers reported that the bids are out for the pre -cast concrete since the material requires a lengthy lead time. A 10 month construction period is expected to begin in August/September. Ms. Chambers is coordinating design and cost efficiencies with the Bosshardt Corporation for both the new fire station and new police station. No other individuals from the public appeared before the Commission during the public hearing on Application Nos. 98009 and 98010. CLOSE PUBLIC HEARING - APPIJCATION NOS. 98009 AND 98010 There was a motion by Commissioner Newman, seconded by Commissioner Reem, to close the public hearing at 10:15 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAT, OF APPLICATION NO. 98010 - CITY OF BROOKLYN CENTER There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to the Council that it approve the City's Application No. 98010, to allow a 35 ft. building setback rather than the 50 ft. major thoroughfare setback along Brooklyn Boulevard, for the Brooklyn Center West Fire Station building. The Commissioners �, ss oners concluded that: • - a royal :is consistent with Brooklyn Boulevard studies encoura ins non - residential pP y g b buildings to be located close to the street right -of -way along the Boulevard, and - the proposal meets the Standards for Variance, particularly with respect to hardship and not being detrimental to the public welfare or injurious to other land or improvements in the neighborhood. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. At Commissioner Boeck's recommendation, based on the Commission's discussion, it was agreed that Application No. 98009, be subject to an additional condition (No. 11) to provide for improved screening on the south and south east sides of the fire station site that abut residential property. Commissioner Nelson disagreed, however, and stated that the limited use of the site in terms of parking did not justify additional fencing in those areas. ACTION RECOMMEN APP R_O_ VA_T_ n F APPLICATION NO. 98009 - CITY OF BROOKLYN CENTER There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to recommend to the Council that it approve Application No. 98009, a request submitted by the City for site and building plan approval and a special use permit for construction of a new fire station at the southeast • corner of 63rd Avenue North and Brooklyn Blvd., subject to the following conditions, in addition to the variance approved under Application No. 98010: 5 -14 -98 6 1. The building plans are subject to review and approval by the Building Official with S 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 Engineering Department prior to the issuance of permits. 3. Any outside trash disposal facilities and/or rooftop or on- ground mechanical equipment shall be appropriately screened from view. 4. 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. 5. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 6. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7. B -612 curb and gutter shall be provided in all driving and parking areas. 8. An as -built survey of the property, improvements and utility service lines shall be provided to the City Engineering Department. • 9. The landscape screening plan submitted with this application is deemed to be appropriate p g p pp screening to meet the intent of the City ordinance for screening between a service /office type use and R -1 zoned property. 10. Approval of this application is subject to the approval of the building setback variance . comprehended under Application No. 98010. 11. In addition to the landscaping shown on the plan, a 4 foot high opaque fence shall be constructed along the south and south easterly sides of the site adjacent to all proposed or future parking stalls. The fence is to be located on the interior side of the 15 ft. greenstrip. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Newman, and Reem. Voting against: Commissioner Nelson. The Council will consider these recommendations at its Tuesday, May 26, 1998 meeting. The applicant must be present. Major changes to the applications as reviewed by the Commissioners will require that the applications be returned to the Commission for reconsideration. OTHER BUSINESS • The next meeting of the Planning Commission is scheduled for Thursday, May 28, 1998. 5 -14 -98 7 Mr. Warren described a request from the Highway 100 Racquet and Swim Club for permission to allow one of it's temporary covered tennis facilities to remain up throughout the year to determine whether its clientele is interested in a permanent year -round tennis facility. The Fire Chief and • Building Official have no objections to the facility being up for a longer period on a test basis. He explained that if they decide to have a year round covered facility, they will have to seek site and building plan approval for a permanent addition to the building that will have a consistent exterior treatment and will include other things they need for fire sprinklers. It was the consensus of the Commission that one tennis facility be allowed to remain at that location past the permitted 6 months during 1998. Mr. Warren advised that a change in the exterior and accent coloring of the new Spiritual Life Church has been reported to the City. He indicated the change is considered an upgrade to the facility and will consist of a rock faced panel rather than a smooth precast concrete panel as originally proposed. In response to an inquiry by Commissioner Nelson, Mr. Warren explained that the City Council had accepted the Planning Commission's recommendation in its entirety with respect to the Budget Car and Truck Rental proposal. This meant that all vehicles stored at the Sears Automotive Center by Budget would have to be confined to under the canopy area on the northerly side of the automotive center. He further explained that Budget would have 60 days to relocate and remove the vehicles from the site. Commissioner Newman inquired about the permit required for automobile sales by the Credit Union located on Xerxes Avenue. Mr. Warren explained that two 10 -day administrative permits are allowed annually for such activities. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:35 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial, Inc. • 5 -14 -98 8 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 28, 1998 CALL TO ORDER The Planning Commission met in a regular session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, Rex Newman, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Attending a portion of the meeting were Mayor Myrna Kragness, Councilmember Kathleen Carmody, City Manager Michael McCauley, and Community Development Specialist Tom Bublitz, • APPROVAL OF MINUTES - MAY 14. 1998. There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve the minutes of the May 14, 1998 meeting amended as follows: (new language underscored) Page 3, line 1 to read: "Ms. Nancy Carlson, 6024 Aldrich Avenue North, expressed pleasant surprise at the depth of the" Page 3, line 2, beginning with the full sentence to read: "She explained her interest as a" Page 8, line 6, delete the sentence: The motion passed unanimously. Page 8, add another paragraph under OTHER BUSINESS noting the update given in response to Commissioner Nelson's inquiry about the status of the Budget Car and Truck Rental application. The motion passed unanimously. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. ECONOM DEV ELOPMENT AUTHORITY - APPLICATION NO. 98008 • Chair Willson re- introduced Application No. 98008, submitted by the Economic Development Authority (EDA) of the City of Brooklyn Center, requesting preliminary plat approval to create -28 -98 1 • single family residential lots and two outlots out of property located between 4th Street North and Bryant Avenue North, north of 53rd Avenue. Action on this application was tabled at the Commission's May 14, 1998 meeting. The application was filed on 04 -23 -98 and City Council action should be taken by 06 -22 -98 (60 days). Mr. Warren presented the staff report and used overhead transparencies to show the location of the 6.48 acre property and the preliminary plat to be known as Bellvue Lane Addition. (See attached Planning Commission Application Information Sheets dated 05 -28 -98 and 05- 14 -98). Except for 25,000 sq. ft. of land zoned R -4, (the former location of 2 four plexes) the property is zoned R -2. A separate application to rezone the R -4 portion to R -2 will come before the Commission at its meeting on June 11, 1998. This plan results from EDA property acquisition within the past year and creates a parkway and new housing in the area. On May 14, the Commission tabled action on this Application to allow input from the City of Minneapolis and Hennepin County regarding the relationship between this project P P g b P P J and adjacent J cent Minneapolis � ro'ects. Mayor Kraness and City Manager McCauley ill P J ., Y � Y rep on P their meeting with the adjacent officials. Mr. Warren used a transparency to review a modification to the plat which will create 3 lots instead of 4 on the west end of the Bellvue Lane cul -de -sac. This modification reduces to 15 the number of residential lots created for new housing. The change avoids reduction of adjacent park land in the area. A public hearing on the Application was conducted and closed at the 05 -14 -98 meeting, however, the hearing may be reopened at the Commission's discretion. Mr. Warren recommended approval of the application subject to 3 conditions outlined in the staff report. Chair Willson called for questions from the Commissioners. Commissioner Boeck inquired why the necessary re- zoning did not precede or coincide with the preliminary plat application, and whether there were any other variances required. Mr. Warren explained the re- zoning was an oversight on the part of the staff and that no variances are needed since the plat meets and/or exceeds requirements for single family lots. Commissioner Reem inquired whether a traffic count has been conducted on Bryant Avenue to determine the impact of traffic on the homes whose backyards face Bryant. Mr. Warren explained that the streets in the area are in a true grid pattern and stated that Camden, Humboldt, and Dupont Avenues may carry more traffic than Bryant. Therefore, no more than customary traffic is expected on Bryant Avenue. Mr. Warren stated that although a revised plat including all the required material is not available at this meeting, the plat has been reviewed and approved by the City Engineer to ensure that the Commission's previous concerns were addressed. It was pointed out that the EDA, along with City 5 -28 -98 ® staff and the neighborhood, worked over a year on all aspects of this project and ultimate approval of the final plat is the responsibility of the City Council. Chair Willson called on Mayor Kragness to report on the City's meeting with Minneapolis and Hennepin County officials. Mayor Kragness informed the Commissioners that a 2 hour meeting was held on May 20 with Hennepin County Commissioner Opat and Minneapolis City Councilmember Barbara Johnson. She reviewed the comments of the other officials with respect to the Brooklyn Center Bellvue project. Apparently any Minneapolis sponsored improvement plans for property adjacent to the Bellvue project are in the distant future (2 -3 years or possibly 20 years). The EDA prefers to move ahead promptly with the Bellvue plans. Mayor Kragness stated the improvement project is supported by the Brooklyn Center School District. Mayor Kragness responded to questions and concerns from the Commissioners. Councilmember Carmody, liaison to the Park and Recreation Commission, stated the Commission reviewed and approved the Bellvue Park plans. Ms. Mary Simmons, 5530 Camden Avenue North, who also attended the meeting due to her interest in the Bellvue project, provided additional insight into the project history and plans. She responded to Commissioner's questions regarding the planned cost and design of the homes as it relates to the adjoining neighborhoods. where the homes may be of lesser value and older vintage. According to Ms. Simmons, these issues are not of particular concern to residents of the other neighborhoods, since there currently exists an unusual mix of homes. City Manager McCauley y g ey reviewed the two -year history of the EDA 's project. Mr. McCauley characterized the Bellvue Lane Addition as an experiment from which the City can gain experience and knowledge for possible future improvements in adjacent and other areas of the City. Mr. McCauley responded to Commissioners' questions and concerns. Following discussion, the Commissioners generally concluded that the Bellvue Lane Addition preliminary plat, as revised, meets the City's ordinances and the Council is responsible for final approval of the project, therefore interposed no objections to Application No. 98008. ACTION TO RECOM APPROVAL OF APPLICAT NO. 98008 - ECONOMIC DEVELOPMENT AUTHORITY There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to recommend to the Council that it approve Application No. 98008, a request submitted by the EDA (City of Brooklyn Center) for preliminary plat approval to create 15 new single family residential lots and two outlots out of 6.48 acres of property located between 4th Street North and Bryant Avenue North, north of 53rd Avenue, in accordance with the revisions presented to the Planning Commission, and subject to the following conditions: I. 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. 5 -28 -98 t 3. Approval of this plat acknowledges the need to rezone the proposed Lots 1, 2, and 3, Block 2, from R -4 to R -2. The platting process may proceed, however, no building permits for said lots may be issued until the rezoning process has been completed. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, and Reem. Voting against: Commissioner Newman. The motion passed on a S to 1 vote. Commissioner Newman stated that while he supports the concept of the improvement in that neighborhood, he believes that aspects of the project need refinement and definition and that the overall project could be better. The Council will consider s der this recommendation at its Monday, June 8, 1998 meetm The applicant must be present. Major changes to the application as reviewed by the Commissioners will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS FUTURE MEETING DATE The next meeting of the Planning Commission is scheduled for Thursday, June 11, 1998. Mr. Warren briefly reviewed the agenda items for that meeting. PEP BOYS PLAN Mr. Warren described a revision to Application No. 98001, submitted by Casco Corporation/Pep Boys Service Center, considered by the Commission at its January 14, 1998 meeting. Pep Boys has acquired additional space at the Brookdale Square Shopping Center and now wishes to re- locate its loading facility closer to the west wall of Circuit City (also located in the Center). Mr. Warren used an overhead transparency to show the re- located loading dock and explained the screening requirements attached to the proposed tire facility and the loading dock area. He said the eight foot high screen wall should be extended 15 feet to 20 feet to provide better screening of the loading dock. Following discussion, it was the consensus of the Commissioners that the revision to Application No. 98001 to relocate the loading dock, reviewed and proposed by the City staff, be approved provided the addition to the screen wall is made. APPLICATION NO. 98009 Mr. Warren reported the approval by the Council of Application No. 98009, City of Brooklyn Center new fire station at 63rd Avenue and Brooklyn Boulevard, as submitted by the Planning Commission. The Council, however, requested the Commission's re- consider Condition No. 11, with regard to additional fencing, which it attached to the Application presented to the Council. Mr. Warren described the landscaping, screening, and fencing for the project and noted that a complete and accurate picture of new and existing fencing, including fencing on private property, was not clarified -28 -98 4 at the Planning Commission's May 14 meeting. Mr. Warren described the residential fencing currently in place and explained that Condition No. 11, which requires construction of additional fencing on the south and south easterly sides of the site, which are adjacent to proposed and/or future parking stalls, is superfluous, costly and difficult to maintain. The Commissioners thoroughly discussed the matter and generally concluded that Condition No. 11 should remain attached to Application No. 98009 to protect the interests of adjoining residential property. Commissioners Erdmann and Newman opposed the condition on the basis of redundancy, esthetics and cost. ACTION ON RE CONSIDERATION OF APPLIC ATION NO. 98009 There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to rescind Condition No. 11 attached to Application No. 98009. Voting for: Commissioners Erdmann and Nelson. Voting against: Chair Willson, Commissioners Boeck, Newman, and Reem. The motion failed on a vote of 2 in favor to 4 opposed. Therefore, the Commission recommends that Condition 11, regarding additional screening, remain attached to Application No. 98009, as a condition for approval. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:15 p.m. Chair Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Site Secretarial, Inc. 5 -28 -98 5 MEMORANDUM • DATE: June 1, 1998 TO: Michael McCauley, City Manager FRONT: Scott Brink, City Engineer`, SUBJECT: Resolution Approving Final Plat - BELLVUE LANE ADDITION On June 8, 1998, the City Council will be considering Preliminary Plat approval for the above referenced plat. The Preliminary Plat has been reviewed extensively throughout its development, and all technical revisions and considerations pertinent to the final plat have been completed as part of that process. Presuming that the City Council first approves the Preliminary Plat on June 8, the Final Plat may be subsequently approved accordingly. Final copies of the Final Plat have been completed, and approval is recommended subject to any further review conditions of the Hennepin County Surveyor. Council Recommendation Approve the attached resolution approving the Final Plat, BELLVUE LANE ADDITION i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT - BELLVUE LANE ADDITION WHEREAS, the Brooklyn Center City Council on June 8, 1998, approved Planning Commission Application No. 98008, providing preliminary plat approval submitted by the City of Brooklyn Center for Bellvue Lane Addition; and WHEREAS, the property owner(applicant) has applied for Final Plat Approval as required by the City Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the plat of BELLVUE LANE ADDITION is hereby approved subject to the following conditions: 1. Any other conditions of the City, and Hennepin County as required. 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. 9a City of Brooklyn Center Agreat place to start. A great place to stay. r MEMORANDUM TO: Mayor Kragness, Councilmembers Ca7aed Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager i DATE: June 2, 1998 SUBJECT: Set Date and Time of Special Meeting with Shingle Creek Tower Residents At the May 26, 1998, meeting, it was Council consensus to schedule a special meeting with the residents of Shingle Creek Tower to discuss the proposal of the tentative new owner. The meeting would be held at Shingle Creek Tower, 6125 Shingle Creek Parkway, at 7 p.m. I have spoken with the resident manager of Shingle Creek Tower, and the following dates are available: Tuesday, June 2' June 30 Notice of the meeting would be sent to the residents of Shingle Creek Tower and the resident manager. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 50430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD IVumber (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. MEMORANDUM TO: Mayor Kragness, Councilmembers ody, Hilstrom, Lasman, and Peppe FROM: Michael J. McCauley, City Manager ' DATE: May 22, 1998 SUBJECT: <7 Bud, et Work Sessions I would request that the following dates be set for general City Council work sessions with an b `J emphasis on budget: August 17 General Fund August 31 Capital Improvement Program October 19 Enterprise Funds, Excluding Utility Funds November 16 Utility Funds I would also ask Council direction on scheduling a review of social service requests. As the budget process goes forward, I would anticipate that another one to two work sessions may be advisable. I would suggest scheduling those work sessions based on the actual experience of going through the budget review. 6301 Shingle Creek Pkwy; Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative ActioniEqual Opportunities Employer City Council Agenda Item No. 9b i • {oo!�Ayn Histo�' POST OFFICE BOX 29345 BROOKLYN CENTER, MN 55429 -0345 • so c iet y May 29, 1998 Sharon Knutson Deputy Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN Dear Sharon, This is a request for the presentation qu p esentat on of a proclamation to the Mayor and Council members at the next Council meeting. Enclosed is the information describing what we wish to have addressed. Thank you for your attention to our request. Sincerely, JJ Ji Mary Ellen Vetter President Representing the Cities of Brooklyn Center and Brooklyn Park PROCLAMATION • DECLARING JUNE 13. 1998. OF FA AS HALL ME DAY WHEREAS, numerous leaders in the history of Brooklyn Center have had a significant impact on the development of Brooklyn Center; and WHEREAS, the Brooklyn Historical Society has endeavored to identify persons who exemplify past and present community leaders and have inducted them into the Brooklyn Center Hall of Fame; and WHEREAS, the Brooklyn Historical Society and the City of Brooklyn Center have identified an area in City Hall to honor those so inducted; and WHEREAS, HENRY DORFF has been part of buildin the foundations of the community and his contributions have had a cumulative positive effect on the community; and WHEREAS, HENRY DORFF has been elected by the Brooklyn Historical Society to be inducted into the Brooklyn Center Hall of Fame on June 13, 1998. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of . Minnesota, do hereby proclaim June 13, 1998, to be Hall of Fame Day in the City of Brooklyn Center. Date Mayor Attest: City Clerk i City Council Agenda Item No. 9c City of Brooklyn Center • A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers ody, Hilstr , Lasman, and Peppe FROM: Michael J. McCauley, City Manager DATE: June 4, 1998 SUBJECT: Acquisition of Property for Heritage Center Parking Lot Acquisition of the property for the proposed parking at the Earle Brown Heritage Center has been negotiated for a purchase price of $560,000. We anticipate receiving a grant from the State of Minnesota for $2.5 million. The State Department of Administration has not yet forwarded a draft grant agreement. In conversations with the person handling the grant at the Department of Administration, she has been verbally advised that there is no problem with the City expending finding prior to the execution of the agreement. Since acquisition of land for the parking is clearly described in the special legislation, the only risk would be if the City did not enter into an agreement with the State of Minnesota. I could not foresee circumstances under which we would not enter into an agreement with the State of Minnesota. The only term contained in grant agreements of this nature is that we must use the property for the purposes described in the grant agreement or the money would need to be returned. In this circumstance, this would mean that if the City were to later dispose of this property or discontinue using it for the purposes described in the legislation, we would have to return the grant monies used for that discontinued purpose. In order to be able to acquire the property, it is necessary to conclude a transaction with the owner by entering into a binding purchase agreement. The closing date set in the document would be set for the later of August 15 or the date on which receive funds from the State of Minnesota. i 6301 Shingle Creek Pkwy; Brooklyn Center, MX 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative ActionlEqual Opportunities Employer • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR EARLE BROWN HERITAGE CENTER PARKING LOT WHEREAS, Polo Investment has offered to sell to the City of Brooklyn Center property located at 6160 Earle Brown Drive (PID 935 -119 -21-44 -0002) across from the Earle Brown Heritage Center; and WHEREAS, the State Legislature has authorized a grant of $2.5 million to the City of Brooklyn Center for projects to assist the Earle Brown Heritage Center, including the acquisition of property for additional parking at the Earle Brown Heritage Center; and WHEREAS, the proposed terms and agreements for the acquisition of the real estate are proper and reasonable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Mayor and City Manager be and hereby are authorized to enter into an agreement for the purchase of the property described in the purchase agreement which is attached hereto as Exhibit A and incorporated herein by reference on the terms and conditions as set forth in such agreement attached hereto as Exhibit A. BE IT FURTHER RESOLVED that funds for the purchase be advanced from the Capital Improvement Fund to be reimbursed upon receipt of grant funds from the State of Minnesota. 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. EXHIBIT A PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made this day of 1997 by and between ROBERT H. BRADLEY ( "Seller ") and the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, a public body corporate and politic under the laws of Minnesota ('Buyer "). 2. SUBJECT PROPERTY. Seller is the owner of that certain real estate (the "Property ") located in Brooklyn Center, Hennepin County, Minnesota and legally described as follows: Tract D, REGISTERED LAND SURVEY NO. 1380, Hennepin County, Minnesota, except Parcel 39C as shown on Minnesota Department of Transporta- tion Right of Way Plat No. 27 -60 3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property and all improvements thereon, together with all appurtenances, including, but not limited to, plants, shrubs, trees, and grass. 4. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the Property are included in this • sale: None. 5. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the real estate and personal property included in this sale is Five Hundred Sixty Thousand and No /100ths Dollars ($560,000.00). B. TERMS: (1) EARNEST MONEY. The sum of One Dollar ($1.00) Earnest Money paid by the Buyer to the Seller, the receipt of which is hereby acknowledged. (2) BALANCE DUE SELLER. Buyer agrees to pay by check on the Closing Date any remaining Balance Due according to the terms of this Purchase Agreement. (3) ASSUMPTION OF EXISTING INDEBTEDNESS. The Buyer, in its discretion and in partial payment of the purchase price, may, to the extent assumable, assume or take title subject to any existing indebtedness encumbering the Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. CAH141865 BR305 -71 1 MIBIT A (4) DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. C. Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property for a parking lot. (5) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Warranty Deed required at paragraph 513(4) above, Seller shall deliver to Buyer: a. Standard form Affidavit of Seller. b. Owner's Duplicate Certificate of Title, if applicable, or abstract of title. C. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. 6. CONTINGENCIES. Buyer's obligation to buy is contingent upon the following: a. Buyer's determination of marketable title pursuant to paragraph 11 of this Agreement; and b. Buyer's determination, in its sole discretion, that the results of the environmental investigation under paragraph 8 of this Agreement are satisfactory to Buyer. Buyer shall have until the Date of Closing to remove the foregoing contingencies. The contingencies are solely for the benefit of Buyer and may be waived by Buyer. If the contingencies are duly satisfied in a timely manner or waived, then the Buyer and Seller shall proceed to close the transaction as contemplated herein. If, however, one or more contingencies is not satisfied, or is not satisfied on time, and its not waived, this Purchase Agreement shall thereupon be void, Seller shall return the Earnest Money to Buyer, and Buyer and Seller shall execute and deliver to each other the terminat0ion of this purchase agreement. As a contingent purchase agreement, the termination of this agreement is not required pursuant to Minnesota Statutes, Section 559.21, et sec.. 7. CLOSING DATE. The closing of the sale of the Property shall take place on or before • the later of: (a) August 15, 1998 or (b) the date on which the Buyer receives funds from the State of Minnesota for the purchase of the Property, or at such earlier date as may be mutually agreed CAH141865 BR305 -71 2 EXHIBIT A • upon by the Seller and Buyer. The closing shall take place at a location as mutually agreed upon by the parties. S. ENVIRONMENTAL INSPECTION. Buyer and its agents shall have the right to enter upon the Property after the date of this purchase agreement for the purpose of inspecting the Property and conducting such environmental examination and tests as Buyer deems necessary. Buyer agrees to indemnify the Seller against any liens, claims, losses or damage occasioned by Buyer's exercise of its right to enter and work upon the Property. Buyer agrees to provide Seller with a copy of any report prepared as a result of such examination and tests. 9. REAL ESTATE TAXES. A. Seller shall pay at or prior to closing all real estate taxes due and payable in 1997 and prior years on the Property. B. Buyer and Seller shall prorate to date of closing the real estate taxes due and payable in 1998 on the Property. C. Buyer shall be responsible for all real estate taxes due and payable in 1999 and thereafter on the Property. 10. SPECIAL ASSESSMENTS. A. Seller shall pay at or prior to closing the balance of all special assessments levied prior to closing, including assessments certified for payment with 1998 real estate taxes. B. Buyer shall assume all special assessments pending as of the date of this Purchase Agreement and all special assessments that become pending after the date of this Purchase Agreement, except that Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees, snow removal, or other current services provided to the Property by the assessing authority while the Seller is in possession of the Property. 11. MARKETABILITY OF TITLE. The Seller, within a reasonable time after acceptance of this agreement, shall furnish Buyer with an abstract of title or registered abstract of title to the Property, certified to a current date and including proper searches covering bankruptcies, judgments and tax liens. Buyer shall have twenty (20) days after receipt of the abstract to examine the same and to deliver written objections to title, if any, to Seller. Seller shall have until the Closing Date to cure title defects, at the Seller's cost. In the event that title to the Property cannot be made marketable by the Seller by the Closing Date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest Money shall be refunded to the Buyer. 12. CLOSING COSTS AND RELATED ITEMS. The Seller shall be responsible for the following costs: (1) the cost of the abstract of title or registered property abstract pursuant to paragraph 11; (2) deed transfer taxes and conservation fees required to be paid in connection with CA.T4141865 BR305 -71 3 EMIBIT A the warranty deed to be given by Seller; (3) recording fees, conservation fees and deed transfer taxes for all instruments required to establish marketable title in Seller. Buyer shall be responsible for the payment of the following costs: (1) recording fee for the warranty deed to be given by Seller; (2) title insurance premium, if any. Each party shall be responsible for its own attorneys fees and costs. 13. POSSESSION /CONDITION OF PROPERTY. Seller shall deliver possession of the Property to Buyer by 4:30 p.m. on the Closing Date, in the same condition as the Property existed on the date of this Purchase Agreement, reasonable wear and tear excepted. Seller shall remove all debris and all personal property not included in this sale from the Property prior to delivery of possession. Any personal property not removed shall be deemed abandoned, and Buyer shall have the right to dispose of such personal property. Buyer shall have the right to inspect the Property prior to the closing contemplated by this Agreement, for the purpose of ensuring that all personal property has been removed as required. 14. DAMAGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty -one (2 1) days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the Earnest Money shall be refunded to Buyer. 15. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there IS NOT an individual sewage treatment system on or serving the Property. 16. CONDITION OF SUBSOIL AND GROUND WATER. Seller hereby warrants to Buyer that during the time the Seller has owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. Seller agrees to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in the subsoil or groundwater of the Property or other adjacent properties which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. Seller's agreement to indemnify Buyer shall not merge into the deed and shall survive the closing of this transaction. 17. WELL DISCLOSURE. Buyer acknowledges receipt of a well disclosure statement, which is attached to this Purchase Agreement as Exhibit B. 18. SELLER'S WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right -of -way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction. CAFE 1416 6 5 BR305 -71 4 EXHIBIT A • 19. BROKER COMMISSIONS. The Seller represents and warrants that Seller's broker is The Cambridge Group, that Seller has no other broker, and that Seller is responsible for paying any commission due to The Cambridge Group. Buyer represents and warrant to Seller that there is no broker involved in this transaction with whom Buyer has negotiated or to whom Buyer has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 20. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 21. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated p P P Y rP herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 22. BINDI F BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seller. 23. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: Robert H. Bradley 3630 West Teton Drive Wilson, WY 83014 b. If to Buyer: Brooklyn Center EDA Ann: Brad Hoffman 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 24. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. CAH141865 BR305 -71 5 MlIBIT A IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. SELLER Robert H. Bradley BUYER ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER By Its President By Its Executive Director CAH141865 BR305 -71 6 City Council Agenda Item No. 9d • MEMO TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialist / . C4 • • SUBJECT: Ordinance Amending Chapter 3-5 of the City Ordinances Regarding the Zoning Classification of Certain Land (Extended Stay America) DATE: June 2, 1998 On March 23, 1998 the City Council adopted Resolution No. 98 -47, which approved Planning Commission Application No. 98005 submitted by Extended Stay America, Inc. This application was a request for rezoning from I -1 (Industrial Park) to PUD /I -1 (Planned Unit Development/Industrial Park) of 7.28 acres and first phase site and building plan approval for a three story, 104 unit efficiency hotel on a 2.68 acre portion of that property. A preliminary plat (Application No. 98004) was approved at that time that would create the 2.68 acre parcel for the Extended Stay America building. Also at that meeting, the City Council considered a first reading on an ordinance amendment relating to Chapter 35 regarding the zoning classification of this land. This is a housekeeping type ordinance amendment that would redescribe in the zoning ordinance the properties rezoned through the Planned Unit Development. The ordinance amendment was published on April 1, p p 1998 and was set for public hearing by the City Council on April 13, 1998. The legal descriptions used in the ordinance amendment were the new legal descriptions created through the above mentioned platting process. The final plat for this property had not been approved by the City Council at the time of the public hearing. The legal descriptions utilized in the zonin a ordinance e d i am ndment were non - existent until the final plat was approved an filed with Hennepin County and, therefore, the ordinance amendment was tabled, following the closing of the public hearing, pending completion of the platting. The final plat for this property was approved by the City Council on May 11, 1998 and the plat has been released by the Engineering Department for filing with Hennepin County. The adoption of the ordinance amendment may now proceed and is on the June 8, 1998 City Council agenda. It is recommended that the City Council adopt the ordinance amendment describing the property rezoned to PUD /1 -1. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 13th day of April, 1998, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1200. INDUSTRIAL PARK DISTRICT (1 -1). The following properties are hereby established as being within the (1 -1) Industrial Park District zoning classification: Tracts A, B-. D. and E, R.L.S. No. 1377 Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 3. The following properties are designated as PUD /1 -1 (Planned Unit Development/Industrial Park): Tract C, R.L.S. No. 1377 Tracts A, B, and C, R.L.S. No. 1564 Tracts A. B, C. and G, R.L.S. No. 1572 Tracts A and B, R.L.S. No. 1619 Lots 1.2. and 3. Block 1. Shingle Creek 5th Addition Section 2. This ordinance shall be effective after adoption and thirty (30) days a a followin Its le al ub ' p llcatlon. Adopted this day of .1998. Mayor ATTEST: City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, underline indicates new matter.) City Council Agenda Item No. 9e CITY OF BROOKLYN CENTER Notice is hereby hearing wi ll y b given that a public h ann� v Il be held on the lath day of July, 1998, at 7 p.m. or as soon thereafter as the matt::r may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Ordinance No. 96 -11 Regarding Council Salaries for 1999- 2000. 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 AMENDING ORDINANCE NO. 96 -11 REGARDING COUNCIL SALARIES FOR 1999 -2000 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. City of Brooklyn Center Ordinance No. 96 -11, which amended the amount of the annual salaries to be paid to the Mayor and Council Members to become effective January 1, 1997, is hereby amended. Section 2. Effective January 1, 1999, the annual salary for Mayor shall be $8,467 and the annual salary for Council Members shall be $6,350. Section 3. Effective January 1, 2000, the annual salary for Mayor shall be $8,721 and the annual salary for Council Members shall be $6,541. Section 4. 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 (Strikeout indicates matter to be deleted. underline indicates new matter.) • City Council Agenda Item No. 9f MEMORANDUM DATE: June 2, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works SUBJECT: Staff Report Re: Proposed Median on 66th Avenue for Proposed Holiday Station At the May 26, 1998 meeting the Council received detailed information regarding the proposal to install a broken median on 66th Avenue between TH 252 and Camden Avenue, with the easterly portion of that median to be constructed by the developers of the proposed Holiday station on the north side of 66th. Staff recommends the Council approve the broken median concept. Background Traffic studies were first prepared based on the concept of redeveloping the entire area south of 66th Avenue, from TH 252 to either Camden or Bryant, with the understanding that there would be some development or redevelopment north of 66th. These traffic studies looked at the impacts of development on the intersection of TH 252 and 66th Avenue, where access points to • the developable sites should be located, and impacts on 66th Avenue. These studies assumed various types of scenarios for development. Several months ago, Holiday stations proposed developing the parcel on the north side of 66th. Previous traffic studies were refined to determine the appropriate traffic control for 66th given the proposed Holiday development and the best -guess of development /redevelopment on the south side. The options which were identified for 66th are summarized as: 1) Do nothing except restripe the median on 66th. This would result in conflicting traffic. l; . ,4� F �. movements between SuperAmerica and Holiday. d0, The offset driveways would create sightY� H91itla y / problems for turning movements. This option P g P would do nothing o correct existing stacking g g g OMa [ traffic problems into SuperAmerica except to possibly divert some of that stacking traffic to = 4L canop the Holiday station. v 'I, WIC► SuperAmerica Y f y a Alternative 1: Do nothing 2) Construct a continuous median from TH 252 to i " t • Holiday Camden. While this would eliminate conflicting turning movements, it would do so N �. at the loss of full access for all parcels on both ¥ the north and south sides of 66th. It would also +� Canopy .t , create a new conflict by requiring drivers to exit right and make a U -turn at either Camden = '- ," a. �-= or TH 252 if they wished to turn left out of the '." 3 • •° -� ____,. -..- -- ..�.._ - �� !- Holiday /dental office or SuperAmerica sites. g, rw Alternative 2: Continuous median 3) Construct a broken median which would allow full access to parcels on the north and south " sides of 66th midway between TH 252 and � : R Camden. Under the fully developed condition, Holiday 6 • for most hours adequate stacking could be provided in the various turn lanes. During Nil' certain peak periods under certain scenarios there may be some stacking which would overflow from the turn lane into a through lane, however, because there are multiple lanes on 66th, through traffic would still be able to use the outside lane. ,. Recommendation Staff and the traffic consultant recommend z implementation of option 3, the broken median ..•.,.:,. ` ` t _ concept. This alternative would provide for full access to the properties abutting 66th; would correct existing Alternative 3: Broken median turning and stacking problems at Super America; and would accommodate access to the area south off 66th, which would have full access to 66th at Camden Avenue. Staff and the consultant also recommend that only the easternmost portion of the median be constructed at this time. The intersection at Camden would have to be revised with additional turn lanes and potentially a traffic signal in accordance with a specific development proposal, . when such a proposal is presented in something more than conceptual form. City Council Agenda Item No. 9g MEMO To: Michael McCauley City Manager From: Krissy Berg MIS Coordinator Date: June 4, 1998 Subject: Resolution Accepting Bid and Awarding Contract, New Telephone System The 1998 Capital Budget has $200,000.00 appropriated for a new telephone system for City Hall and other existing facilities. This bid includes equipment for the City Hall Campus, Earle Brown Heritage Center, West Fire Station, Public Works Facility, and Centerbrook Golf Course. Phone and computer systems for the new facilities at the Police Station and West Fire Station are not included in the budget amount, or in this bid. The equipment chosen with this bid is capable of expanding to additional locations, and will be compatible with equipment acquired for new facilities. A separate bid will need to be completed when the new buildings are closer to completion Bids for the New Telephone System at City Hall were received and opened on May 20, 1998. The bidding results are tabulated as follows: Bidder Bid Amount Cady Communications $182,465.00 Fujitsu Business Communications $204,462.00 Lucent Technologies $258,950.00 Of the three bids received, the lowest bid of $182,465.00 was submitted by Cady Communications. Cady Communications has experience in performing all of the requirements included in this contract, and has performed similar projects for other government agencies. Accordingly, staff recommends acceptance of the low bid and award of the contract to Cady Communications. Recommended City Council Action Approve the attached resolution accepting the low bid and awarding a contract to Cady Communications. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, NEW TELEPHONE SYSTEM FOR CITY HALL AND OTHER LOCATIONS WHEREAS, pursuant to Resolution No. 95 -43, the following bids were received and opened on May 20, 1998, for a New Telephone System for City Hall and Other Locations; and Bidders Bid Amount Cady Communications $182,465.00 Fujitsu Business Communications $204,462.00 Lucent Technologies $258,950.00 WHEREAS, it appears that Cady Communications of Plymouth, 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 Nlayor and City Manager are hereby authorized and directed to enter into a contract with Cadv Communications of Plymouth. Minnesota, in the name of the City of Brooklyn Center, for a New Telephone System according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is herebv 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 has been signed. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM • DATE: June 8, 1998 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineers SUBJECT: An Ordinance Vacating a Portion of 4th Street North On June 8, 1998, the City Council will be considering resolutions providing for the approval of preliminary and final plats for the plat titled "Bellvue Lane Addition ". The plat as proposed provides for the vacation of 4th Street North between 53rd Avenue North and the new proposed street (Bellvue Lane). As part of the administrative process of filing the final plat with the Hennepin County Surveyor, an ordinance providing for the vacation of public roadways or right of ways must be provided. Accordingly, the Council should vacate the roadway as proposed. The ordinance is presented for first reading, with a public hearing scheduled on July 13, 1998. CITY OF BROOKLYN CENTER Notice is hereby given that a ublic hearing' will be held on the 13th dg' of July, 1998 at 7 P � Y Y .m. P or as soon thereafter as the matter may be will at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance to vacate a public roadway. 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 VACATING A PORTION OF 4TH STREET NORTH THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. The segment of 4th Street North as described below, is hereby vacated: That part of 4th Street North (formerly known as 5th Street North, as dedicated in the plat of Bellvue Acres, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota) lying Southerly of a line drawn parallel with and distant 50.00 feet South of the North line of Lot 9, Block 2, in said plat, and it Easterly extension. • Section 2. 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I ..... ......... ad't�. –'!v '�`'± .r i........__......_. - +.- i Ef `TR7E no - TRE#s .•�, 12.163 Ss I, r I t .V o 19.621, 4' S TO BE 5� `� I. twE -a+ 20"T'�ff...`a I T r r4,E 'TREf VACATED os Uar I 1, 43,622 ST I I 12.163 Y 11 r I E .. 1' I , I L I I r1i63 'I; 'I t_ �.I; I 'I 'R a L, - - - -J' 'rr� L — L — REv � TOP Sa2.53 7f' .;80' TREE 2 "R• .� '� 24 ;'REE v " 6 'tREE . `.GqC T L 0 T 2 .• TR � B RE; w I 6 I rE 2'1RE£,...; t+ry - 6 "EWtrr _ _ ^�. 5r''. r •TREE 72" -VtEE 1 4, - - - -. > 7 E t J. 12' REE / tf �` \- 1 ' r .°�' s VALVE .g c_I Q , �, - SETBACKS NOTES LEGEND FRONT 35* O IRON MONUMENT SET POWER POLE SIDE 10' •IRON MONUMENT FOUND REAR 25' OR 30% ` TELE BOX OF LOT AREA 9 SIGN PLAT INFO BUSH NUMBER OF LOTS 15 EXISTING ZONING g GATE VALVE AVERAGE LOT SIZE 12,100 SF ZONED R -2 OWNER CITY OF BROOKLYN CENTER TREE SURVEYOR H.R.GREEN COMPANY 644 -4389 *= PINE AREA — t EX. MH 282,175.00 SF E) EX. C0 6.48 AC O PROP NOR. HYDRANT • 0 50 1326 ENERGY PARK DMVE SHEET NO. ST. PAUL, MINNESOTA 95108 PRELIMNARY PLAT OF 2 (612) 6u -4389 CITY OF BROOKLYN CENTER Green Company 53RD AVENUE LINKAGE PROJECT BELLVUE LANE ADDITION 2 OF _NGINEERS