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1998 07-27 CCP Regular Session
Public Copy CITY COUNCIL MEETING City of Brooklyn Center July 27, 1998 AGENDA 1. Informal Open Forum With City Council - 6:45 p.m. - provides an opportunity for the public to address the Council on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation - 7 p.m. 3. Call to Order Regular Business Meeting 4. Roll Call 5. Council Report 6. Presentations - Deloitte & Touche LLP. 7. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. June 22, 1998 - Regular Session (Tabled from the July 13, 1998 meeting) 2. July 13, 1998 - Regular Session b. Licenses C. Accept Proposal from PSC Alliance, Communications Consultant for New Police Building d. Resolution Approving Section 14 of Chapter 231 of the Laws of Minnesota 1997 - Use of Tax Increment Financing e. Report on the Average Available Financing Per Active Firefighter in the Brooklyn Center Fire Department Relief Association CITY COUNCIL AGENDA -2- July 27, 1998 f. Resolution Authorizing Engagement of Architect for Earle Brown Heritage Center Project g. Resolution Approving Change Order No. 2, Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 1997 -17, Contract 1997 -N, Shingle Creek Regional Pond h. Resolution Accepting Bid and Authorizing Purchase of One Hydraulic Reel Mower i. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees j. Resolution Declaring Cost to be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 1998 -01 and 02, Contract 1998 -D, Bellvue Neighborhood Street and Storm Drainage Improvements k. Resolution Declaring Cost to be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 1998 -04 and 05, Contract 1998 -E, St. Al's Neighborhood Street and Storm Drainage Improvements 1. Resolution Providing for Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, Public Utility Hookup Charges, and Delinquent Public Utility Service Accounts m. Approval of Grant Application for Community Oriented Policing n. Resolution in Recognition of Patricia Wilder's Service as Executive Director for the Northwest Hennepin Human Services Council 8. Public Hearings a. Shingle Creek Tower Public Hearing - Resolution Adopting a Housing Program Providing for the Issuance and Sale of Multifamily Revenue Bonds in the Approximate Amount of $7,200,000 Relating to Shingle Creek Tower Project - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt resolution. CITY COUNCIL AGENDA -3- July 27, 1993 9. Planning Commission Items a. Planning Commission Application No. 98015 Submitted by Centres Group Brooklyn Center, LTD. Request for Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD) process for a 20 screen theater at the northwest quadrant of I -694 and T. H. 252. The Planning Commission recommended approval of the application at its July 16, 1998, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 98015 subject to the conditions recommended by the Planning Commission. 1. Resolution Regarding Recommended Disposition of Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. Requested Council Action: - Motion to adopt resolution. 2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (Regal Theater) - Requested Council Action: - Motion to approve first reading of ordinance and set public hearing and second reading for August 24, 1998. b. Planning Commission Application No. 98016 Submitted by Centres Group Brooklyn Center, LTD. Request for Preliminary Plat approval to combine nine privately owned properties plus a City owned parcel of land and vacated street right -of -way into three lots at the northwest quadrant of I -694 and T. H. 252. The Planning Commission recommended approval of the application at its July 16, 1998, meeting. - Requested Council Action: - Motion to approve Planning Commission No. 98016 subject to the conditions recommended by the Planning Commission. 10. Council Consideration Items a. Resolution Submitting Brooklyn Center Comprehensive Plan to the Metropolitan Council - Requested Council Action: - Motion to adopt resolution. b. Resolution Recognizing Winners of the 1998 Landscape and Garden Contest - Requested Council Action: • - Motion to adopt resolution. CITY COUNCIL AGENDA 4- July 27, 1998 C. Proposal from People Responding in Social Ministry (PRISM) for Continuation of Medical Trip Transportation Program for 1999. -Requested Council Action: - Council discuss. d. Regulation of Barking Dogs -Requested Council Action: - Council discuss. e. Status of Secondhand Goods Dealer Ordinance -Requested Council Action: -City Manager will provide verbal update. f. Code Enforcement Update -Requested Council Action: -City Manager will provide verbal update. g. Update on 69th and Brooklyn Boulevard Development -Requested Council Action: -City Manager will provide verbal update. 11. Adjournment SENT jY: 7 -27 -98 ; 2 :38PM : MN HOUSING FINANCE 612 369 3494:# 1/ 4 M C ey�,.td1� 11"1 Finance A� FAX NUMBER: (612) 296 -8139 TELECOPIER TRANSMISSION DATE: July 27, 1998 TIME: PLEASE DELIVER THE FOLLOWING PAGES TO: Michael McCauley FROM: Tonja M. Orr PHONE #: (612) 296 -9820 TOTAL NUMBER OF PAGES 4 INCLUDING TRANSMITTAL SPECIAL INSTRUCTIONS /MESSAGES: Laurie Schaefer of Representative Carruthers' office asked me to fax you a copy of this memo regarding Shingle Creek. IF YOU DO NOT RECEIVE ALL OF THE FOLLOWING PAGES, PLEASE LET PIXIE PETERSON AT (612) 296 -8208 KNOW. SENT, BY: 7 -27 -98 ; 2:38PM ; MN HOUSING FINANCE 612 569 8494:# 2/ 4 STATE OF MINNESOTA Office Memorandum Housing Finance Agency Date July 27, 1998 To: Representative Phil Carruthers From: Tonja M. Orr Phone: 296 -9820 Subject: SHINGLE CREEK You asked for some information about the Shingle Creek housing development and whether this development would be an appropriate candidate for use of some of the $10 million that was appropriated to preserve federally assisted housing. There are federal financing tools outlined below that are the most cost - effective sources of funding and the most beneficial to tenants in this particular instance. As the financing for this project becomes fine - tuned, it may be appropriate to provide Shingle Creek with a modest amount of funding from this recent appropriation. The Agency has had conversations with the prospective owner about various options for Shingle Creek. We will continuing working with all concerned stakeholders, as we have for the past twelve years, to most effectively target available financing resources to preserve federally assisted housing. Shingle Creek is a Section 236 development. Section 236 is a federal housing assistance program created in 1968. It was the precursor of the Section 8 program. Section 236 developments received FHA mortgage insurance and interest rate subsidies to make rents more affordable to low - income households. Shingle Creek has an FHA insured loan; it was not financed by the MHFA. Mortgage payments are based on a 1% interest rate and HUD provides a subsidy to the lender to cover the difference between 1 % and the market interest rate on the loan. At a minimum, the tenant pays what is called a "basic rent" which is based on the 1% interest rate. Unlike the Section 8 program, the rent paid by the tenant is not calculated on the basis of the tenant's income, so some tenants could pay much more than 30% of their income for rent. Nevertheless, rents at Shingle Creek, because of the Section 236 subsidy, are well below market rents in the area. The owner of Shingle Creek can prepay the Section 236 mortgage and terminate the low- income use restrictions because 20 years has elapsed. If the SENT BY: 7 -27 -98 ; 2 :39PM ; MN HOUSING FINANCE 612 569 8494 ;# 3/ 4 owner chooses to continue in the program, HUD must continue the interest rate subsidy for another 20 years It is our understanding that the current owner of Shingle Creek is determined to sell the building and there is no opportunity to convince him to continue as the owner. Once the building is sold, the Section 236 FHA insured mortgage is normally prepaid and the new owner would be free to raise the rents. The current tenants are entitled to what are known as "enhanced vouchers" or "sticky vouchers ". These are Section 8 vouchers which the current tenants can use at Shingle Creek to stay in their apartments even if the rents are raised to an amount that exceeds the Section 8 fair market rents. The tenants can also take their voucher and use it at a new location, although in the new location the voucher will not subsidize the rents above the Section 8 fair market rent level. Continuation of the enhance voucher is dependent on Congressional funding. The political reality seems to be that, particularly for seniors with enhanced vouchers, Congress will continue this funding. These enhanced vouchers protect the current tenants from displacement but do not preserve the units on a long term basis as affordable, federally assisted units. As you know, the prospective owner will be seeking tax- exempt bonds to finance the acquisition and rehabilitation of the project. In addition, the development will most likely receive federal housing tax credits to help finance the acquisition and rehabilitation. Both of these financing tools will help keep the rents affordable because both have low- income use restrictions. There is a possibility that the development could be preserved long -term as affordable federally assisted housing. The prospective owner is exploring the possibility of substituting the existing FHA insured mortgage with tax exempt bond funds keeping the Section 236 interest rate subsidy in place. HUD's risk would be reduced since HUD would no longer be insuring the mortgage; HUD would still have a financial commitment to the project in terms of the interest rate subsidy. HUD has agreed to a similar scheme on 2 projects in California, so there is a precedent. HUD has not rejected the possibility of preceding in such a manner with the Shingle Creek development. If the Section 236 subsidy is continued, current tenants, as well as tenants for the next 20 years, would enjoy substantially below market rents. The continuation of the Section 236 interest rate subsidy would strengthen the possibility that the project will be allocated tax - exempt bonds in January because state bond allocation law was changed last session to give a priority to rental projects which preserve federally assisted housing. Late last Friday afternoon, Bob Odman and I discussed this option of continuing the Section 236 interest subsidy with Mike McCauley of Brooklyn Center. He seemed unaware of the fact that this option was being pursued, but had no objection to it. SENT, BY: 7 -27 -98 ; 2 :39PM ; MN HOUSING FINANCE 612 569 3494;# 4/ 4 While continuation of the Section 236 interest rate subsidy is the preferable route, even in its absence, the use of tax - exempt bonds and housing tax credits will help keep rents in the development lower. It is our opinion that these financing mechanisms provide the most protection for the current tenants. It is our understanding that the prospective owner is very interested in pursuing the continuation of the federal subsidy, which would provide the best long -term solution. We would not recommend that approval of the proposed issue of tax - exempt bonds be conditioned of getting HUD's agreement to continue the Section 236 subsidy because the prospective owner cannot control this outcome. Please feel free to call either me at 296 -9820 or Bob Odman at 296 -9821, if you have any other questions about Shingle Creek. CC , . Laurie Schaefer Michael McCauley Debra Hilstrom 1 City Council Agenda Item No. 6 MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director CH DATE: July 21, 1998 SUBJECT: Comprehensive Annual Financial Report for the Year Ended December 31, 1997 Representatives of the City's auditors, Deloitte & Touche LLP, were at the June 10, 1998 City Council work session to present the financial reports and the results of the annual audit. A resolution accepting the report was passed at the June 22, 1998 City Council meeting. This was done to meet a June 30, 1998 deadline for submitting the report to the State of Minnesota and several other bodies. The auditor will return on the July 27, 1998 to formally present the audit results at a City Council meeting. The following reports were provided to the City Council for the June 10, 1998 work session. Additional copies will be available at the meeting if needed: Comprehensive Annual Financial Report Schedule of Federal Financial Assistance Auditor's Letter to the City Council Auditor's Management Letter Included in the agenda packet are the following reports: Resolution No. 98 -108 Accepting the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year Ended December 31, 1997, Ratifying Interfund Loans, and Writing Off Uncollectible Accounts Responses to the Auditor's Management Letter Auditor's Presentation Graphics Member Hilstromintroduced the following resolution and moved its adoption: ® RESOLUTION NO. 98 -108 RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL IZEPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 1997, RATIFYING INTERFUND LOANS, AND WRITING OFF UNCOLLECTIBLE ACCOUNTS ------------------------------------------------------------------------------------ WHEREAS, the City of Brooklyn Center is required by state law and City Charter to annually produce audited financial statements by June 30; and WHEREAS, the attached financial statements have been audited by Deloitte & Touche LLP as required; and WHEREAS, the City Charter gives the City Council the power to make interfund loans as may be deemed necessary and appropriate. WHEREAS. The City Manager has reported the Bituminous ConsuIting Inc. , accounts receivable is not expected to be collected due to staff and attorney efforts being exh With the adoption of this resolution, the account will be removed from the accounts receivable records and charged off as an expenditure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. that the Comprehensive Annual Financial Report of the City of Brooklyn Center for the Calendar Year ended December 31, 1997 is accepted. 2. that the interfund Ioan balances as displayed in Note 9 on Page 43 of the financial report are hereby approved and ratified by the City Council. 3. that the accounts receivable in the Capital Improvements Fund from Bituminous Consulting, Inc. be written -off as uncollectible from the City's records. June 22, 1998 Date Mayor ATTEST: `t� jtil,U� City Clerk RESOLUTION NO. 98 -108 The motion for the adoption of the foregoing resolution was duly seconded b member y S Kay Lasman , and upon vote being taken thereon, the following voted in favor thereof: Mayor Kra, Kathleen Carmody, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. • MEMORANDUM • TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director DATE: June 5, 1998 RE: RESPONSES TO THE AUDITOR'S MANAGEMENT LETTER At the June 10, 1998 City Council work session, Cliff Hoffman of Deloitte &. Touche will make a presentation on the audit of city operations for the year 1997. He will review several reports, including a Management Letter which makes recommendations re ardina administrative and g In operating issues. The City Council will be asked to formally accept the Comprehensive Annual Financial Report and related reports at the June 22, 1998 City Council meeting. This memo provides the Management Responses to the Auditor's Management Letter. GOVERNMENT FINANCE OFFICERS ASSOCIATION BEST PRACTICES: Discounts The staff proposes to calculate the discount on sewer services for senior citizens and report it to the City Council as part of the annual utility rate study. A discussion of the rational behind the discount and a review of the discount compared to actual costs can be held as part of the utility rate study. CUSTOMER SERVICE REORGANIZATION: As identified by the auditors, the proposed customer service reorganization does eliminate the segregation of duties in several functions. Segregation of duties is an important component of the City's system of internal controls. The purpose of internal controls is to provide a reasonable, but not absolute, assurance that the City's assets are protected from loss due to error, fraud, misappropriation, theft, or other cause. The cost of maintaining the internal control should not exceed the probable value of the loss it is seeking to prevent. The internal control problems basically were divided into four areas. Compensating controls were identified in three of the four areas as follows: • Personnel from the Assessing Department will not be assigned to work at the customer service counter during the approximately two months each fall when the largest volume of special assessment prepayments is received. • Reports of all building type permits will be run off the financial system and the permits and inspections system and will be periodically compared by the Building Official to detect omissions. Specific procedures for this need to be developed. • A "lock box" service will be contracted with to receive all utility billing payment delivered through the U. S. Mail and deposit the payments directly to the City's bank account. The presumption is that increased interest earnings from faster deposit of utility payments will offset the cost of the lock box service. • Utility payments from customers who either hand carry the payments into City Hall or leave them in the drop box will still be rung up at the customer service counter. If the Utilities Technicians are assigned to work at the counter, they will routinely have access to both the customer payments and the customer records. No compensating control has been identified f for these incompatible duties. D'AMICO CATERING: Negotiations continue with D'Amico Catering for a contract renewal, including several accounting and financial control issues. • YEAR 2000: Planning for the year 2000 has primarily centered on the City's data processing operations. This should be expanded to all areas of city operations where there may be equipment which is sensitive to the date change. ACCOUNTING AND REPORTING FOR INVESTMENTS: Reporting changes for the City's IRS Code Section 457 deferred compensation plan were made in the 1997 Annual Financial Report. Changes to report investments at fair market value will be made in the 1998 Annual Financial Report. FINANCIAL REPORTING MODEL: The staff will be monitoring the requirements of the new reporting model as they are fmalized and will prepare to implement them on the required date. City Council Agenda Item No. 7a • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 22, 1998 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Recording Secretary Maria Carlson, and City Clerk Sharon Knutson. INFORMAL OPEN FORUM Mr. McCauley reported that they have scheduled a neighborhood meeting for June 29, 1998 on the June and Indiana Avenues North Project. Rex Newman, a resident of Brooklyn Center addressed the Council with concerns about the Proposed Time of Sale Ordinance. Mr. Newnan expressed that he felt the City is forgetting the owners and hopes that the Council will suggest more notice to the owners when selling their homes. Earl Roland Bolier, 6825 Quail Avenue North, addressed the Council with a complaint about the smoke that he is experiencing from his neighbors burning, along with a complaint about the dump trucks being parked or stored in residential areas. Mr. Bolier would like to see the wording changed in Item 9 and Item 12 of the Public Nuisance Ordinance, Section 19 -103. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to adjourn the informal open forum at 6:58 p.m. Motion passed unanimously. 6122/98 -1- DRAFT 2 . INVOCATION OCATION The invocation was offered by Father Stillmach of St. Alphonsus Catholic Church. 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 7:04 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, Planning and Zoning Specialist Ron Warren, Building Official Dave Fisher, City Attorney Charlie LeFevere, Recording Secretary Maria Carlson, and City Clerk Sharon Knutson. 5. COUNCIL REPORT Councilmember Carmody reported that she attended the League of Minnesota Cities Conference. Mr. McCauley informed the Council that the Unveiling Ceremony for the Earle Brown Heritage Center is Saturday, June 27, 1998. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mr. McCauley requested the following addition to the Council Agenda: 1) Item 9i, Resolution Authorizing Grant Application to Minnesota Amateur Sports Commission. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve minutes of the June 3, 1998, Special Work Session, June 8, 1998, Regular Session, and June 10, 1998, Special Work Session. Motion passed unanimously. 6/22/98 -2- DRAFT 6b. RESOLUTION DESIGNATING A CUSTODIAN OF CITY INVESTMENTS RESOLUTION NO. 98 -101 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING A CUSTODIAN OF CITY INVESTMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman and passed unanimously. 6c. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. GARBAGE AND REFUSE COLLECTION Darling International Inc. P.O. Box 12785, New Brighton Aagard Environmental 3291 Terminal Drive, Eagan RENTAL DWELLING Initial: Ruth Cioni 5115 Twin Lake Boulevard East Renewal: John Schwarz 54016' rd Avenue North Susan Jenson 6628 Camden Drive North Gary Anakkala 5412 -12 '/s Fremont Avenue North SING HANGER All -Brite Sign, Inc. 5223 Lakeland Avenue North, Crystal 6d. RESOLUTION ACCEPTING BID AND AWARD A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -27, CONTRACT 1998 -H, 1998 SEALCOATING RESOLUTION NO. 98 -102 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARD A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -27, CONTRACT 1998 -H, 1998 SEALCOATING 6/22/98 -3- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6e. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -103 Councilmember 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 Councilmember Lasman. Motion passed unanimously. 6f. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE RESOLUTION NO. 98 -104 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HENNEPIN COUNTY REGARDING USE OF THE COUNTY'S ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6g. RESOLUTION CERTIFYING LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1999 RESOLUTION NO. 98 -105 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING LOCAL PERFORMANCE MEASURES FOR LOCAL PERFORMANCE AID PAYABLE IN 1999 6/22/98 -4- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. 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 Mr. McCauley outlined the history of the ordinance that was proposed by the Housing Commission. He noted changes in the Ordinance that were made at Council direction which would cause immediate hazards to be reported to the City, regardless of whether a sale occurred. A second alternate was included in the Council packet that would better reflect the Council's request that the Ordinance allow more readily for buyers and sellers to enter into agreement that the buyer would correct hazardous conditions. The second alternate removed the requirement that the City consent to such agreements between buyers and sellers. Mr. McCauley introduced Building Official Dave Fisher to present a slide show of common • items found in residential inspections. Mr. Fisher showed the slide presentation while discussing some of the safety hazards. He also explained to the Council some of the comment and below standard items. A motion was made by Councilmember Hilstrom and seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Donna Zieska, 5455 Brooklyn Boulevard, appeared before the Council to address her concerns about the Ordinance. Ms. Zieska stated that she is not against the inspections, but is against the Ordinance. She thought Brooklyn Center residents should be more aware of this Ordinance, and that buyers do need to be protected, but also need to be responsible when purchasing a home. She feels that this Ordinance is against her Right of Privacy. Bill Gerst from the Minneapolis Area Realtors Association (MARA) also appeared before the Council to address two things, one being the change in the MARA's position as a result of the proposed change in Minneapolis' Ordinance, and two, the fact that buyers are having their own inspections. 6/22/98 -5- DRAFT I Mr. Gerst explained that the MARA's position has changed because of the fact that more and more buyers are hiring independent inspectors, and that the inspections are far more thorough. Mr. Gerst did not have statistical information yet as the percentage of buyer inspections for the Council and assured the Council that he will check into this further and report back to the Council. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the Public Hearing at 7:55 p.m. Motion passed unanimously. Discussion continued and Councilmember Peppe expressed that he was not comfortable with passing this Ordinance and that this item should be tabled. Mayor Kragness suggested that it be tabled until the statistical information from the Minneapolis Area Realtors Association is received and brought back to the Housing Commission. Once the Housing Commission has the information they will report back to the Council. Councilmember Hilstrom requested information on the rights that buyers currently have for correcting problems after purchasing a house. A motion by Councilmember Lasman to refer this Ordinance back to the Housing Commission and report back to the Council when statistical information is available, seconded by Councilmember Peppe. Councilmember Carmody stated that she felt the Council had had ample opportunity to have their concerns addressed and should not wait any longer to decide this matter. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Myrna Kragness, Debra Hilstrom, Kay Lasman, and Robert Peppe; and the following voted against: Kathleen Carmody. The motion passed. 7b. AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CODE OF ORDINANCES, RELATING TO THE REGULATION OF PAWNSHOPS AND SECONDHAND GOODS DEALERS A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. Attorney Tom Johnson from Gray, Plant, and Mooty representing Grow Biz International (GBI) addressed the Council. Mr. Johnson expressed that GBI had concerns regarding the proposed changes because the changes will burden the secondhand dealers, and will not be effective in reaching law enforcement goals. Mr. Johnson discussed the different types of businesses such as Play It Again Sports, and Once Upon A Child. He brought to the Council's attention that these types of business' sales will be affected if the Ordinance is changed. He reported that a number of items brought to secondhand stores had a minimal amount of items that were reported as stolen property. 6/22/98 -6- DRAFT Mr. McCauley suggested that the City's Attorney and Police Department get together and f prepare additional information and that a report be brought back to the Council at the July 27, 1998 meeting. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the Public Hearing. Motion passed unanimously. A motion by Councilmember Hilstrom and seconded by Councilmember Peppe to table this Ordinance for further discussion until the July 27, 1998 Council meeting. Motion passed unanimously. 8. PLANNING COMMISSION ITEMS 8a. PLANNING COMMISSION APPLICATION NO. 98011 SUBMITTED BY THE EDA OF THE CITY OF BROOKLYN CENTER. REQUEST TO REZONE FROM R -4 (MULTI FAMILY RESIDENCE) TO R -2 (ONE AND TWO FAMILY RESIDENCE) TWO PARCELS OF LAND FORMERLY ADDRESSED AS 610 AND 620 53RD AVENUE NORTH A motion by Councilmember Lasman and seconded by Councilmember Carmody to approve Planning Commission Application No. 98011 submitted by the EDA of the City of Brooklyn Center requesting to rezone from R -4 (Multi Family Residence) to R -2 (One and Two Family Residence) two parcels of land formerly addressed as 610 and 620 53rd Avenue North. Motion passed unanimously. RESOLUTION NO. 98 -106 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98011 SUBMITTED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody and passed unanimously. 8b. PLANNING COMMISSION APPLICATION NO. 98012 SUBMITTED BY THE EVANGELICAL LUTHERAN CHURCH OF THE MASTER. REQUEST FOR A PLANNED UNIT DEVELOPMENT AMENDMENT FOR PHASE II AND PHASE III OF THE LUTHERAN CHURCH OF THE MASTER PUD. THE PLANNING COMMISSION RECOMMENDED 6/22/98 -7- DRAFT APPROVAL OF THE APPLICATION AT ITS JUNE 11, 1998 MEETING Planning and Zoning Specialist Ron Warren discussed the above application that was submitted by the Evangelical Lutheran Church of the Master. This application was considered by the Planning Commission at its June 11, 1998, meeting and was recommended for approval. A motion by Councilmember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 98012 for a Planned Unit Development amendment subject to the following conditions: 1. Approval of this planned unit development amendment acknowledges City Council Resolution No. 94 -224 in terms of the findings made at that time and notes that the Phase II and Phase III plans are consistent with those findings. 2. The building plans for building additions and modifications are subject to the approval of the Building Official with respect to applicable codes prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee shall be submitted to assure the completion of approved site improvements. 4. The church shall enter into a modified development agreement with the City, to be reviewed and approved by the City Attorney, prior to the issuance of building permits for the Phase II and Phase III utilization of the buildings. Said agreement shall be modified to reflect the final phasing plan as submitted by the church. Motion asked unanimously. P 8c. PLANNING COMMISSION APPLICATION NO 98013 SUBMITTED BY THE EVANGELICAL LUTHERAN CHURCH OF THE MASTER. REQUEST FOR PRELIMINARY PLAT APPROVAL TO COMBINE INTO A SINGLE LOT FOUR PARCELS OF LAND THAT MAKE UP THE LUTHERAN CHURCH OF THE MASTER COMPLEX. THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE APPLICATION AT ITS JUNE 11, 1998 MEETING Planning and Zoning Specialist Ron Warren discussed the above application that was submitted by the Evangelical Lutheran Church of the Master. This application was considered by the Planning Commission at its June 11, 1998, meeting and was recommended for approval. Hilstrom asked what landscaping would be required. Mr. Warren outlined the areas around the proposed project where landscaping would occur. 6/22/98 -8- DRAFT i A motion b Councilmember y ci ember Lasman, seconded by Councilmember Carmody to approve Planning Commission Application No. 98013 for Preliminary Plat approval subject to the conditions recommended by the Planning Commission: 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. Motion passed unanimously. RECESS The Council recessed at 9:00 p.m., and reconvened at 9:05 p.m. 8d. PLANNING COMMISSION APPLICATION NO. 98014 SUBMITTED BY THE CITY OF BROOKLYN CENTER. REQUEST FOR A SPECIAL USE PERMIT AND SITE AND BUILDING PLAN APPROVAL FOR A NEW POLICE DEPARTMENT ON PROPERTY TO BE ADDRESSED AS 6645 HUMBOLDT AVENUE NORTH Planning and Zoning Specialist Ron Warren discussed the above application for the new police station that was submitted by the City of Brooklyn Center. This application was considered by the Planning Commission at its June 11, 1998. meeting and was recommended for approval. Mr. Warren outlined the components of the application and site plan. Councilmember Carmody questioned the adequacy of parking area for purposes of training. Mr. McCauley responded that multi jurisdiction training could take place in Constitution Hall at the Community Center while the site should accommodate departmental training, except perhaps large scale training which could also be held at other City facilities. Councilmember Hilstrom questioned whether or not there would be overflow parking from the adjacent owner, and Mr. Warren responded that he did not anticipate any problems. It was also discussed that this building plan was designed for expanding the front parking lot at a later date, along with the building itself being able to be expanded. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve Planning Commission Application No. 98014 subject to the following conditions: i 6/22/98 -9- DRAFT I 1. The building plans are subject to review by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. 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 on 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 around all driving and parking areas. 8. An as -built survey of the property, improvements and utility service lines shall be provide to the City Engineering Department. 9. The landscape screening plan submitted with the nce screening between a service/office screening meeting the intent of the City Ordina type use and residentially zoned property. Motion passed unanimously. 9, COUNCIL CONSIDERATION ITEMS 9 RESOLUTION AUTHORIZING ACQUISITION N G iO OP E RTY FOR EARLE BROWN HERITAGE CENTER This item was tabled from the June 8, 1998 meeting to receive confirmation from the developer the acceptance of the proposed agreement terms. Mr. McCauley informed the Council with a memo the status of the acquisition of the property for the proposed parking at the Earle Brown Heritage Center. He also informed the Council that there has been no progress in receiving the Grant Agreement from the State of Minnesota. The only risk for the City would be if the City did not enter into an agreement with the State. + 6/22/98 -10- DRAFT i r Mr. McCauley does not foresee any circumstances under which the City would not enter into the agreement with the State, but in order to acquire the property, it is necessary to conclude a transaction with the owner by entering into a binding purchase agreement. T 7 , T ISO. 98 -10 RESOLUTION Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ACQUISITION OF PROPERTY FOR EARLE BROWN HERITAGE CENTER PARKING LOT The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 9b, RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31,1997, RATIFYING INTERFUND LOANS, AND WRITING OFF UNCOLLECTIBLE ACCOUNTS Mr. McCauley reported that the Comprehensive Annual Financial Report which was reviewed at a Work Session with the Auditor and Financial Commission has a clean opinion. A formal presentation will be made to the Council at the July 27, 1998 meeting by the Auditors. Councilmember Hilstrom questioned if next year this report could be done prior to approval. Mr. McCauley discussed that we could try to do so, but timing is an issue on the Auditors' availability. RESOLUTION NO. 98 -108 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEAR ENDED DECEMBER 31, 1997, RATIFYING INTERFUND LOANS, AND WRITING OFF UNCOLLECTIBLE ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6/22/98 -11- DRAFT 9 C. REPORT ON POLICLIFIRE STATIONS • vised that the construction schedule has been delayed due to a strike at the Mr. McCauley ad concrete panel contractors. back to a late October time line for building i n June ar d will This has pushed the schedule gust rather t police station, thus appears to be around Aug e utility work for the completion of the p Sep tember. Work is in progress to do th be moved for the police Station 1 rior Mr. McCauley also presented renderings of the exte Brooklyn Boulevard F designs for the new buildings. DATE AND TIME OF SPECIAL MEETING AT BROOKDALE 9d. SET DA ancellation of the special meetings at Brookda e � June 9 dueto e Y Mr. McCauley requested c Jul 6, 1998, 30 in the Community Room and rescheduling for Monday, owner's art. Motion by Councilmember Hilstrom and seconded by conflict on the o p Motion passed unanimously. Councilmember Lasman• 9e. SPRAYING FOR ALGAE ON MIDDLE TWI LAKE S ermits to spray the Brooklyn Center ermit to spray Mr. McCauley advised that the st in Lakes t The st ffcould not obtain a p owners. It was of U p p er and Middle p erm per from a ions PP getting p would portion in in other cities and g g Twin Lake without spray g h ears, to spray Upper Twin Lake. Thus, staff w possible, as has been done in the p a for Upper st few y which in the past proceed to obtain permits Twin Lake and not for Middle Twin Lake, individual ov�'ners, rather than the City. As the Councl had been done by a watershed would be making recom requested, the mendations on these matters o r next vear. MENDED AMENDMENTS TO PERSONNEL RULES AND 9f. RECOM REGULATIONS n comes from the Employee Action Committee changes being rec ommended to the Personnel Rules first recommendatio Mr. McCauley dis cussed The f that there are two c 1a1� and indicated a preference to and Regulations. to ees were surveyed g the Columbus Day Holiday. EmP Y off. This woul but it is limite t d result in one additional re garding service without impact on total number of hol idays state that City to I have a floating holiday rather than take Columbus Day vide regu n to provide rules and e p e ru being o e th day of b g P to non -union employees. It is recommended to and mployees will accrue one more floating Hall Offices will be opened on Columbus Day, holiday. DRAFT -12- 6/22/98 �,II RESOLUTION NO. 98 -109 • Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS REGARDING OFFICIAL CITY HOLIDAYS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. The second recommendation was to change the rules and regulations for the probationary period of a new employee. Rather than complete a six month probation period with no paid vacation being used during that period, a new employee could use vacation as earned within their six months of probation. If for some reason the employee did not stay with the City after the six month probation period, the City is liable for the time accrued and will not lose anything. RESOLUTION NO. 98 -110 Councilmember Lasman introduced the following resolution and moved its adoption: RESOLUTION AMENDING PERSONNEL RULES AND REGULATIONS REGARDING • BENEFITS DURING PROBATIONARY PERIOD The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hilstrom. Motion passed unanimously. 9g. CITIZEN INPUT - PARK IMPROVEMENTS Mr. McCauley reviewed the recommendation by the Parks and Recreation Commission on citizen input for park improvements. A plan was distributed with the agenda regarding the long- term parks capital plan and specific park improvements to be instituted. It was also recommended to the Council that a direct mailing be made to residents within two blocks of the park to be improved within one week of the proposed meetings. 9h. REPORT ON CODE ENFORCEMENT It was reported that about 40 complaints were pending on the hotline that the Neighborhood Liaison has handled. She has been receiving 6 to 8 complaints per day. The plan is to schedule handling complaints on 1 /2 days on Monday, Wednesday and Friday, with the balance of the week spent on the sweep some complaints, depending on their nature may be handled by others. 6/22/98 -13- DRAFT Councilmember Lasman questioned what is the right amount of time for responding to these complaints. Mr. McCauley responded one to two business days. • Councilmember Hilstrom questioned how often with the Council would be updated. Mr. McCauley responded that a report could be given as often as the Council felt appropriate. He indicated an intent to provide monthly updates. The Council consensus was that monthly updates would be acceptable. 9i. RESOLUTION AUTHORIZING GRANT APPLICATION TO MINNESOTA AMATEUR SPORTS COMMISSION Mr. McCauley discussed that grant funding is available and a motion was in favor to authorize a grant application to Minnesota Amateur Sports Commission. RESOLUTION NO. 98 -111 -Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING GRANT APPLICATION TO MINNESOTA AMATEUR SPORTS COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember • Hilstrom. Motion passed unanimously. 10. ADJOURNMENT TO CLOSED SESSION TO DISCUSS POTENTIAL LAWSUIT WITH CITY ATTORNEY A motion by Councilmember Lasman and seconded by Councilmember Carmody to adjourn the meeting at 9:37 p.m., passed unanimously. City Clerk Mayor 6/22/98 -14- DRAFT } MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HEN - NEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 13, 1993 CITY HALL 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in an 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 Recordina Secretary Maria Carlson. ® INFORMAL OPEN FORUM Mr. Leon Wenninger, 5133 France Avenue North, addressed the Council with a complaint he had about his neighbor's trees on the south side of his property. Mr. Wenninger explained his concerns and had photos for the Council to review. Mayor Kragness suggested that the City's Forester visit the properties. Mr. McCauley stated that the City Forester could do this, but if the trees are not diseased Mr. Wenninger would have to pursue this complaint further on his own. Since the City only had authority over diseased trees, Mr. McCauley explained that the City does not become involved unless it concerns a crime or a public nuisance. The City Forester will be instructed to visit the properties. The City then will respond to Mr. Wenninger. ADJOURN INFORMAL OPEN FORUM A motion by Councilmember Lasman, seconded by Councilmember Carmody to adjourn the informal open forum at 6:55 p.m. Motion passed unanimously. 2. INVOCATION No invocation was offered. 7/13/98 -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:00 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, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Recording Secretary Maria Carlson. 5. COUNCIL REPORT Mayor Kragness reported the Unveiling Ceremony for an historical marker at the Earle Brown Heritage Center that was provided by the State Historical Society. Residents should stop and look at the new plaque. Mayor Kragness reported that she received a letter from the City of Shoreview thanking the City of Brooklyn Center maintenance crews for helping tivith the May 15, 1998 tornado damage. Councilmember Hilstrom informed the Council that the Brooklyn Center Walk for Life will be on July 24, 1998, at 6:00 p.m. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Carmody requested that the minutes from June 22, 1998, be discussed at the end of the meeting for clarification and discussion. Mr. McCauley requested that the June 23, 1998 minutes be modified to reflect Councilmember Peppe's absence being excused. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the agenda and consent agenda as amended. Motion passed unanimously. 6a. APPROVAL OF MINUTES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve minutes from the Work Session on June 15, 1998, the Executive Session on June 22, 1998, the Special Meeting on June 23 1998 with amendment and the Special Meeting on Jul 6 1998. Motion P g Y 98 passed unanimously. r 7/13/98 -?- DRAFT 6b. LICENSES A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the following list of licenses. Motion passed unanimously. AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6525 West River Road Chuckwagon Grill 1928 57th Avenue North Hilton Mpls. North 2200 Freeway Boulevard K -Mart X930 John Martin Drive Nickels and Dimes Inc. 1328 Brookdale Center Scoreboard Pizza 6816 Humboldt Avenue North AMUSEMENT DEVICES - VENDOR D.V.M. dba Dahlco 296 North Pascal, St. Paul Theisen Vending Company 3800 Nicollet Avenue South, Mpls. GARBAGE AND REFUSE COLLECTION Aspen Waste Systems, Inc. 223 Wabash Avenue, St. Paul Hilger Transfer, Inc. 95 West Ivy Avenue, St. Paul ,% Company 119 NE 14th Street, New Brighton Midwest Grease Buyers, Inc. P.O. Box 26, Redwood Falls Randy's Sanitation, Inc. P.O. Box 169, Delano T & L Sanitation Service, Inc. P.O. Box 34695, Blaine United Waste Systems of Minnesota 95 West Ivy Avenue, St. Paul Walters Recycling & Refuse Service P.O. Box 67, Circle Pines Walz Brothers Sanitation, Inc. P.O. Box 627, Maple Grove Waste Management 100 >0 Naples Street NE, Blaine MECHANICAL SYSTEMS Flare Heating and Air Conditioning 9303 Plymouth Avenue North, Golden Valley Total Heating and Air Conditioning Inc. 3307 Vera Cruz Avenue North, Crystal RENTAL DWELLINGS Initial: Brett Hildreth 5505 Lyndale Avenue North Daniel Krawiecki 5209 Xerxes Avenue North John Bunch 5 630 Bryant Avenue North Tom Morrow 1200 67th Avenue North Nelia Schaff 7018 Brooklyn Boulevard 7 i 13198 -3- DRAFT Renewal: • Anda Construction Brookside Manor Apartments Charles/Maribel Kokanson 5308 Emerson Avenue North Dion Properties, Inc. 5740 Dupont Avenue North Clive West 6773 Humboldt Avenue North Michael W. Haase 5328 -30 Queen Avenue North Muchtar/Fatima Sajady 7205 Perry Court East SIGN HANGER Metro Sign Services 9223 Annapolis Lane, Maple Grove TOBACCO RELATED PRODUCT Value Food Market 6804 Humbolt Avenue North 6c. AUTHORIZATION TO PAY CITY'S SHARE OF MPRS LAWSUIT DAMAGES A motion by Councilmember Carmody, seconded by Councilmember Lasman to authorize the City's share of MPRS damages. Motion passed unanimously. 6d. SETTLEMENT OF AGNESS CLAIM A motion by Councilmember Carmody, seconded by Councilmember Lasman to authorize Mr. McCauley to sign agreement for the Agness claim. Motion passed unanimously. 6e. FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS FOR THE CALENDAR YEAR ENDED DECEMBER 31, 1997 A motion by Councilmember Carmody, seconded by Councilmember Lasman to accept the Fire Department Relief Association Financial Statements. Motion passed unanimously. 6f. APPROVAL OF APPLICATION FOR TEMPORARY BEER LICENSE FOR ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH FOR EVENT TO BE HELD AUGUST 2, 1998 A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the application for a temporary beer license for St. Alphonsus Church. Motion passed unanimously. 6g. APPROVAL OF APPLICATION FOR TEMPORARY ON -SALE LIQUOR LICENSE FOR ST. ALPHONSUS CHURCH, 7025 HALIFAX AVENUE NORTH FOR EVENT TO BE HELD OCTOBER 10, 1998 7/13/98 -4- DRAFT A motion b Councilmember Carmody, y } , seconded by Councilmember Lasman to approve the application for a temporary pp p ary on -sale liquor license for St. Al honsus Church. Motion passed q P P unanimously. 6h. RESOLUTION AUTHORIZING ENGAGEMENT OF CONSTRUCTION MANAGEMENT FIIVvI FOR EARLE BROWN HERITAGE CENTER BUILDING PROJECT RESOLUTION NO. 98-113 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ENGAGEMENT OF CONSTRUCTION MANAGEMENT FIRM FOR EARLE BROWN HERITAGE CENTER BUILDNG PROJECT The motion foregoing on for the adoption of the fore oin resolution was duly Y seconded b Councilmember Lasman. Motion passed unanimously. 6i. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1997-01,02, AND 03, CONTRACT 1997 -E, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS RESOLUTION NO. 98 -114 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1997 -01, 02, AND 03, CONTRACT 1997 -E, ORCHARD LANE WEST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6j. RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2 AND SUPPLEMENTAL AGREEMENTS 2 AND 3, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1997-04,05, AND 06, CONTRACT 1997 -F, FRANCE AVENUE, 69TH TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IlVIPROVEMENTS • 7/13/98 -5- DRAFT RESOLUTION NO. 98-115 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NOS. 1 AND 2 AND SUPPLEMENTAL AGREEMENTS 2 AND 3, ACCEPTING WORK PERFORMED, AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1997 -04, 05, AND 06, CONTRACT 1997 -F, FRANCE AVENUE, 69TH TO NORTH CITY LIMITS, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6k. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -14, CONTRACT 1998 -I, KYLAWN PARK TRAIL LINKAGE RESOLUTION NO. 98 -116 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -14, CONTRACT 1998 -I, KYLAWN PARK TRAIL LINKAGE The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 61. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -22, CONTRACT 1998 -M, PLAYGROUND REPLACEMENT AT BELLVUE, EAST PALMER, AND HAPPY HOLLOW PARKS RESOLUTION NO. 98 -117 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -22, CONTRACT 1998 -M, PLAYGROUND REPLACEMENT AT BELLVUE, EAST PALMER, AND HAPPY HOLLOW PARKS The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 7/13/98 -6- 6 DRAFT 6m. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, • IMPROVEMENT PROJECT NO. 1998 -24, CONTRACT 1998 -N, EVERGREEN PARK SHELTER BUILDING RESOLUTION NO. 98-118 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 1998 -24, CONTRACT 1998 -N, EVERGREEN PARK SHELTER BUILDING The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lasman. Motion passed unanimously. 6n. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES RESOLUTION NO. 98 -119 Councilmember 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 Councilmember Lasman. Motion passed unanimously. 7. PUBLIC HEARINGS 7a. AN ORDINANCE AMENDING ORDINANCE NO. 96 -11 REGARDING COUNCIL SALARIES FOR 1999 -2000 This item was first read on June 8, 1998; published in the official newspaper on June 17, 1998; and is offered this evening for a second reading and public hearing. Mr. Donn Escher, Chair of the Financial Commission was present and discussed that every two years Council Salaries are amended and need to be approved by the Council. The Financial Commission recommended the proposed salary increases based on their review of salaries at comparable cities. A motion by Councilmember Lasman, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. • 7/13/98 -7- DRAFT i No one in the audience wished to address the Council. A motion by Councilmember Carmody, seconded by Councilmember Lasman to close the Public Hearing. Motion passed unanimously. ORDINANCE 98 -03 Councilmember Lasman introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING ORDINANCE NO. 96-11 REGARDING COUNCIL SALARIES FOR 1999 -2000 The motion for the foregoing ordinance was duly seconded by Councilmember Carmody. Motion passed unanimously. 7b. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BELLVUE LANE ADDITION) Mr. McCauley discussed that the Camden and 53rd Avenue Project had two lots zoned R -4 (Multiple Family) and the application being submitted is requesting to rezone those lots to R -2 (One and Two Family Residence). R -2 zoning is the same as the remainder of lots on 53rd Avenue. A motion by Councilmember Carmody, seconded by Councilmember Lasman to open the Public Hearing. Motion passed unanimously. No one in the audience wished to address the Council. A motion by Councilmember Lasman, seconded by Councilmember Carmody to close the Public Hearing. ORDINANCE NO. 98 -04 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (BELLVUE LANE ADDITION) The motion for the foregoing ordinance was duly seconded by Councilmember Lasman. Motion passed unanimously. 7/13/98 -8- DRAFT e 7c. AN ORDINANCE VACATING A PORTION OF 4TH STREET NORTH On June 8, 1998 the Council approved a resolution providing the approval of preliminary and final plats for the plat titled "Bellvue Lane Addition'. As part of the approved plat, the vacation of 4th Street North between 53rd Avenue North and the new proposed street (Bellvue Lane) is required. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to open the Public Hearing. Motion passed unanimously. No one in the audience wished to address the Council. A motion by Councilmember Hilstrom, seconded by Carmody to close the Public Hearing. Motion passed unanimously. ORDINANCE NO. 98 -05 Councilmember Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING A PORTION OF 4TH STREET NORTH • The motion for the foregoing ordinance was duly seconded by Councilmember Hilstrom. Motion passed unanimously. S. COUNCIL CONSIDERATION ITEMS 8a. RESOLUTION APPROVING FINAL PLAT - TWIN LAKE OVERLOOK Mr. Warren discussed the previously approved final plat. Councilmember Hilstrom asked if the Developer was present. Mr. Doug Peterson from Accessible Homes was available for the Council to answer their questions. Councilmember Carmody questioned Mr. Peterson if there were any conditions that needed to be taken care of, and Mr. Peterson responded that there were no conditions to be taken care of. Councilmember Carmody questioned if stop signs would be incorporated. Mr. McCauley responded that they will not, unless later determined to be warranted. The City is not going to assume problems but will be observing and responsive to problems that occur related to traffic as outlined in the materials prepared for this item. Councilmember Carmody recommended that the traffic should be monitored and a report made back to the Council so that a report could be give to residents in one year. 7!13x"98 -9- DRAFT Councilmember Hilstrom questioned if the residents were aware of the proposed traffic monitoring and response. Mr. McCauley responded they were sent a letter from Public Works Director Diane Spector with the details of the monitoring plan. RESOLUTION NO. 98 -120 Councilmember Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT - TWIN LAKE OVERLOOK The motion for the foregoing resolution was duly seconded by Councilmember Lasman with the understanding that the traffic would be monitored for one year and that an update will be brought to the Council's attention for review. Motion passed unanimously. 8b. RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION GRANT FOR NORTHWEST HOUSING RESOURCE CENTER Mr. McCauley discussed that this application would be for the proposed expansion of services offered by the Housing Resource Center. These services would include a revolving urc a a base /rehabilitation housing loan program, a targeted demonstration purchase/rehabilitation p P p program, a demonstration reinvestment/rehabilitation incentive program, and a rehabilitation design assistance through the University of Minnesota Design Center and the PLANBOOK currently being developed by a consortium of first ring communities. The City of Brooklyn Center participates with three other cities in a resource center that will be a one stop center to provide housing rehabilitation/improvement, and home purchasing services at no cost to the users. Mayor Kragness stated that she thinks that this resource center will be good for neighbors. Councilmember Lasman questioned if the location would be a rotating one as was previously indicated. Mr. McCauley explained that it would be at 2140 44th Avenue North as opposed to a previous concept of a rotating location. Councilmember Carmody questioned if this resource center will be available for all residents and if there were any specific income ranges. Mr. McCauley responded that there is no certain income range to access the resource center, however all programs may not be available for all residents due to income qualification for specific programs. RESOLUTION NO. 98 -121 Councilmember Lasman introduced the following resolution and moved its adoption: 7/13/98 -10- DRAFT RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES • DEMONSTRATION GRANT FOR NORTHWEST HOUSING RESOURCE CENTER The motion for the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8c. PROCLAMATION DECLARING AUGUST 16,1998, TO BE HONOR -OUR- POLICE SUNDAY Mayor Krangess read the Proclamation declaring August 16, 1998 to be Honor - Our - Police Sunday. A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to approve this Proclamation. Motion passed unanimously. 8d. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE Councilmember Carmody read the proposed resolution. RESOLUTION NO. 98 -122 Councilmember Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the foregoing resolution was duly seconded by Councilmember Carmody. Motion passed unanimously. 8e. MAYORAL APPOINTMENTS - PLANNING AND FINANCIAL COMMISSION Mayor Kragness requested ratification from the Council for the appointments of the following persons: Financial Commission - Timothy Elftmann, 5301 Howe Lane A motion by Councilmember Hilstrom, seconded by Councilmember Carmody to confirm appointment of Timothy Elftmann. Motion passed unanimously. Planning Commission - Sean Rahn, 601 70th Avenue North, Apartment 114 7/13/98 -11- DRAFT • A motion by Councilmember Carmody, seconded by Councilmember Hilstrom to confirm appointment of Sean Rahn. Motion passed unanimously. 8f. REQUEST OF EARLE BROWN DAYS COMMITTEE FOR CITY PARTICIPATION IN YEAR 2000 CELEBRATION Mr. McCauley discussed that the Earle Brown Days Committee is suggesting that the City participate in a year 2000 celebration which would be a good opportunity for the City to highlight positive things occurring in the City. A letter was received from the City's Attorney outlining the different structures for the City's participation. Councilmember Carmody questioned the letter from the Attorney and stated that she felt the City should not control and conduct this event on its own. Councilmember Carmody stated that she thinks that the Earle Brown Days Committee should organize and conduct the entire activity, with the City participating only with incidental support such as scheduling of park facilities, police traffic control, etc. Councilmember Hilstrom questioned what type of money the City would have to allocate. Mr. McCauley discussed this item was put on the agenda to discuss the Council's interest in participating. He was requesting an indication that the Council was interested in the concept and the specifics would be developed and the specific participation of the City would be brought back to the Council for approval. Mayor Kragness stated that she does like the idea and would like to at a later date determine how lengthily the City would participate in this event. A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to go forward with development of the concept to be brought back to the Council. 8g. REPORT ON RECREATIONAL FIRES Mr. McCauley discussed that at the June 22, 1998 Council meeting a resident brought to the Council's attention a complaint with recreational fires. Mr. McCauley discussed that after meeting with Fire Chief Ron Boman, it is being suggested to the Council that the permit for recreational fires be changed to four times a month and that an ordinance be drafted and brought to the Council at a later date. Mr. McCauley stated that this would change the current permit that now allows residents to have unlimited number for fires as long as they follow regulations printed on the permit issued by the Fire Department. 7/13/98 -12- DRAFT i oun C cilmember Carmody questioned if enforcement on recreational fires is complaint driven from residents, and Mr. McCauley responded that yes they are. Mayor Kragness questioned the permit being for a one year period. Mr. McCauley responded that if an ordinance was drafted the time line would be included in the ordinance. Councilmember Carmody stated that she felt four fires a month is a lot and that two fires with a three -hour time limit would be enough. Mr. McCauley stated that there would be an opportunity for discussion of the draft ordinance and the limits that may be appropriate. 8h. REPORT ON AUCTION RESULTS Mr. McCauley reported that the Police Department received $2,774.67 from the auction that was held on June 13, 1998. This amount was less than would be anticipated under the previous practice, but also resulted in significant savings of staff time. Si. 1996 AND 1997 LOCAL LAW ENFORCEMENT BLOCK GRANT, BUREAU OF JUSTICE ASSISTANCE (BJA) Mr. McCauley discussed that the Police Department is participating in a U.S. Department of Justice, Bureau of Justice Assistance Block Grant. This grant requires a meeting with an advisory board, and • Chief Downer will be meeting the advisory board during the week of July 13 - 17, 1998. A required advisory board public hearing will on July 29, 1998, at 7:00 p.m., in the Council Chambers. 8j. APPOINT REVIEW COMMITTEE FOR FINANCIAL ADVISORY SERVICES Mr. McCauley discussed that four firms submitted proposals for providing Financial Advisory Services and that all firms are qualified. The policy provides for a review committee appointed by the Mayor. Donn Escher and Jay Hruska expressed their willingness to serve on the review panel at the last Financial Commission meeting as did Financial Commission Member Jerry Blamey. Mr. McCauley and Finance Director Charlie Hansen would serve on the panel for city staff, and a council member needs to be appointed. Councilmember Carmody suggested Councilmember Lasman serve since she is the liaison to the Financial Commission. Mayor Kragness stated that she would like to attend the meeting to review the proposals which will either be July 21 or July 22, 1998. Councilmember Lasman and Councilmember Carmody expressed an interest in participating. Councilmember Hilstrom asked when the meeting would be held. Mr. McCauley responded that it would be during the day. 7/13/98 -13- DRAFT Mayor Kragness recommended confirmation of her appointment of Councilmembers Carmody and • Lasman, Financial Commission Members Escher, Hruska, Blarney, and herself. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve the review panel of Mayor Kragness, Councilmember Carmody, Councilmember Lasman, Financial Commission Chair Donn Escher, Financial Commission Member Hruska, and Financial Commission Member Blarney to review Financial Advisory Services firm proposals. Motion passed unanimously. 8k. APPOINTMENT OF ATTORNEY FOR SPECIAL PERSONNEL MATTER Mr. McCauley discussed that he is requesting confirmation of retaining Bruce Peterson of the Hinshaw and Culbertson Law Firm. Mr. Peterson would serve as legal counsel to review the transcript and coordinate investigation of the matters identified in the transcript with the John Barlow matter. Mr. McCauley discussed the reasoning for an outside counsel would be that the City's Attorney also represents Brooklyn Park and that the City will be seeking information that has not been released to the City of Brooklyn Park regarding other complaints. A motion by Councilmember Carmody, seconded by Councilmember Lasman to approve Mr. Peterson. Motion passed unanimously. DISCUSSION ON JUNE 22, 1998 MINUTES • At the June 22, 1998 Council meeting, item 7a on the agenda regarding the Ordinance of Implementing a Time of Sale was discussed. Councilmember Carmody stated that she felt the third paragraph on page six of the June 22, 1998 minutes needed to be changed to indicate that the item was tabled until the Minneapolis Area Realtors Association had gotten statistical information to the Housing Commission and that once this information was received the Housing Commission could review the information to see if it affects the decision they have made. The Council then discussed further some of the issues that were previously discussed and wanted to make sure the Housing Commission specifies what will happen if residents have an inspection and do not sell their homes. Councilmember Hilstrom stated that Councilmember Lasman summarized the items to be hazardous at the previous meeting on June 22, 1998. Councilmember Carmody thought those should be noted so that the Housing Commission is aware of them and that they should be included with the minutes, or this discussion. Councilmember Lasman stated that the language needs to be redefined to clarify what will happen after an inspection is done. Councilmember Carmody questioned when this item will be brought back to the Council and suggested three months was plenty of time to make a decision one way or another. Councilmember Hilstrom questioned when the Housing Commission meets to make sure that time would be appropriate. Staff advised the Housing Commission was meeting during the summer months. It was the consensus of the Council that this item be brought back to the Council after three Housing Commission meetings and that a decision is made at that time. ® 7/13/98 -14- DRAFT • Councilmember Lasman questioned if the Minneapolis Area Realtors Association would be notified of the time given. Mr. McCauley responded that if a motion is made, the City would communicate to the Minneapolis Area Realtors Association. A motion by Councilmember Lasman, seconded by Peppe to table the minutes of June 22, 1998 until July 27, 1998, and that the Council make a decision on this item after three Housing Commission meetings. Motion passed unanimously. 9. ADJOURNMENT A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting at 8:02 p.m. Motion passed unanimously. City Clerk Mayor 7/13/98 -15- DRAFT City Council Agenda Item No. 7b 1 • City of Brooklyn Center • A great place to start. A great place to stay. MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Maria Carlson, Administrative Technician DATE: July 22, 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, submitted appropriate applications, and paid proper fees. 3Licenses to be approved by the City Council on July 27, 1998: GARBAGE AND REFUSE COLLECTION Browning Ferris Industries 8661 Rendova Street NE, Circle Pines • MECHANICAL SYSTEMS Ace Mechanical Services, Inc. 4820 Lexington Avenue, Ham Lake Dale Huber Company 1200 West Highway 13, Burnsville Fisher -Bjork Sheetmetal Company, Inc. 1441 Iglehart Avenue, St. Paul Flare Heating and Air Conditioning 9303 Plymouth Avenue N #104, Golden Valley Louis DeGidio Services, Inc. 6501 Cedar Avenue South, Minneapolis Midland Heating and Air Conditioning, Inc. 6442 Penn Avenue South, Richfield Sharp Heating and Air Conditioning 4854 Central Avenue NE, Minneapolis Wencl Services, Inc. 5301 Edina Industrial Boulevard, Edina Westair, Inc. 11184 River Road NE, Hanover RENTAL DWELLINGS Renewal: Donna Goga 918 Woodbine Lane Paul Hinck 4715 France Avenue North Victor /Jean Huang 3813 72nd Avenue North 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer City Council Agenda Item No. 7c July 20, 1998 MEMO TO: Michael J. McCauley, City Manager FROM: �'�� Jane A. Chambers, Assistant City Manager/HR Director B 1 SL JECT: , / Communications Consultant - Police Buildin On December 31, 1998, the City of Brooklyn Center issued a request for proposals for communications consulting work with regard to the building of the new police facility. The City received two proposals in response to the request, and selected the low bid for the work from PSC Alliance Inc., in the amount of $16,500. City staff, the architects, and the construction manager have been working with Mr. Jeff Nelson of PSC Alliance. To date, Mr. Nelson has provided consulting services for decision making with regard to the location of the antenna for emergency services, evaluation and inventory of current equipment for use at the new location, and analysis of linkage with a proposed future area wide communications system. This work has been completed except for submission of a final written report. PSC Alliance, at the request of staff, has submitted a proposal to extend the existing contract to include some additional work necessary for the purchase, installation, and coordination of communications equipment for the new building. The work will be performed on an hourly basis, with a total cost anticipated to be less than $13,000. The coordination work is necessary due to the technical nature of the purchases required and technicalities of installation with security and other building systems that will be required to move the police dispatch and emergency systems to the new location. The PSC Alliance proposal to extend the contract work has been reviewed by both the architect and construction manager on the project . Since the total fee of PSC Alliance Inc., may exceed $25,000, it is recommended that this request be placed on the consent agenda for July 27, 1998 for approval by the City Council. • June 29, 1998 Ms. Jane Chambers, Asst. City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 -2199 Joel Downer, Chief of Police City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 -2199 Dear Jane & Joel: This letter recaps our recent conversations concerning communications equipment and systems for the new police department facility. As you may recall, the proposal which is the basis of our current contract with the City does not include: 1. Preparation of specifications to acquire new communications systems /equipment; nor does it include, 2. Project oversight and verification of contractor compliance with specification requirements. As I see it, the new police building will require at least the following communications systems: 0 Building telephone system 0 9 -1 -1 answering equipment 0 Dispatch console furniture and electronics 0 Recording equipment 0 Backup radios and antenna systems The 9 -1 -1 answering equipment is available under tariff (similar to lease) from US WEST and could be acquired in that fashion. Other systems are each expected to have purchase prices in excess of $25,000 requiring that the City procure them via competitive bidding. We can prepare the required specifications and also perform the project oversight plus coordinate technical aspects of the relocation to new quarters. Should you elect to hire us to perform this work, I suggest that these tasks be worked on an hourly basis plus expenses. Our fee structure is shown on the following page. i FEES AND EXPENSES Our fee structure is: 1998 -'99 Hourly Rate Structure Principal .................... ............................... $100 Senior Engineer ............... ............................... $130 Associate..................... ............................... $80 Typical expenses are listed below: Auto Travel ............. ............................... $0.32 /mile Document Preparation, Printing, & Duplicating ................ Actual Cost Telephone Conference Bridge' .............................. Actual Cost Topographic Maps ....... ............................... Actual Cost Test Equipment Rental (not in inventory) ...................... Actual Cost To prepare the necessary specifications, chair pre -bid conference, address bidder questions, issue clarifying addenda, analyze received bids, and recommend contract awards I estimate that about 80 hours of effort will be required for the five major systems identified on page 1. For project oversight activity and pre -move coordination I estimate that an additional 24 -30 hours of effort will be required. Total estimated consulting cost (including expenses for) this follow -on work is expected to be less than $13,000. Hourly invoices will be prepared monthly showing hours /tasks worked plus expenses. If the City wishes to retain us for this work I can prepare a change order to our existing contract. Thank you for your confidence in our previous work. Please call with any questions.. Very truly yours, Jeff Nelson V: 612.825.6399 ext 123 F: 612.825.8972 1 We have facilities to establish three -way telephone calls. Under some circumstances our customers ask us to coordinate telephone conference calls with more than three connection points to save time and travel expense. In these situations we use a • multi -point conference bridge which offers guaranteed connection quality. We bill for conference bridge time at actual cost. City Council Agenda Item No. 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SECTION 14 OF CHAPTER 231 OF THE LAWS OF MINNESOTA 1997 - USE OF TAX INCREMENT FINANCING WHEREAS, the Laws of Minnesota 1997 Chapter 231, Section 14, provides for a time limit for tax increment financing district number 3, established on December 19, 1994, by Brooklyn Center City Council Resolution No. 94 -273, Minnesota Statutes, Section 469.1763, Subdivision 3, by permitting a period of ten years for commencement of activities within the district; and WHEREAS, local approval is required for this legislation to be effective. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of "~Brooklyn Center that Section 14 of Chapter 231 of the Laws of Minnesota 1997 be and hereby is approved. i Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council C y Co cil Agenda Item No. 7e MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: July 20, 1998 SUBJECT: Report on the Average Available Financing Per Active Firefighter in the Brooklyn Center Fire Department Relief Association Attached is a memo from Craig Swanberg, President of the Brooklyn Center Fire Department Relief Association, reporting the average available financing per active firefighter. The purpose of the memo is to meet a State of Minnesota requirement that the City Council be kept fully informed of the financial condition of the Association. This was done in part by the submission to the City Council of the Association's annual financial report (done on July 13, 1998). The attached memo is the second art of the reporting process. It compares the P P �P P Association's benefits to a State supplied table to determine the financing need per firefighter to support the benefits. The Association's revenues are then divided by the number of members to determine the financing available per member. If the financing available is greater than the financing needed, the Association is financially sound. A three year average is used to prevent one year fluctuations from influencing a decision. In brief, the report shows that the available financing of the Fire Relief Association is sufficient to met the benefit plan currently in effect. S,N CE 7 OROOK LYN CENTER, FIRE DEPARTMENT 6301 Shingle Creek Parkway Emergency Fire 911 Brooklyn Center, Minnesota 55430 July 13, 1998 Telephone n 561-0717 360 TO: Michael J. McCauley, City Manager FROM: Craig Swanberg, BCFD Relief Association President SUBJECT: Average Available Financing Per Active Firefighter Minnesota State Statutes, Section 424.02, subd. 3 require the Fire Relief Association to annually calculate and certify to the City Council the average amount of available financing per active covered firefighter for the most recent three -year period. We understand the purpose of this requirement is to better inform the City Council of the Relief Association's financial condition for when the City Council is asked to approve any change in the bylaws to increase pension benefits. We have determined the average available financing per active firefighter per of the Fire Department Relief Association is as follows: Pension City 1110th Year Aid Taxes Surplus Tota 1995 $69,299 $42,092 $4,313 $115,704 1996 88,272 39,292 31,262 158,826 1997 $84,619 $38,451 $36,258 159.328 Total $433,858 The average available financing for the three year period is $144,619 ($433,858 divided by 3). The average financing per firefighter is $3,615 ($144,619 divided by 40 members). Authorized membership in the fire department is forty. We currently are slightly below that level, but we expect recruiting efforts to return strength to forty and should plan for that number of members. The most recent increase in the monthly benefit took effect on January 1, 1994 and requires average financing of $2,267 for a monthly annuity of $26.50 per year of service. The most recent increase in the lump sum benefit took effect on January 1, 1998 and requires average financing of $2,697 for a lump sum benefit of $5,000 per year of service. Therefore, we are well above the state requirements. Please forward this report to the City Council. City Council Agenda Item No. 7f MEMORANDUM TO: Michael J. McCauley. City Manager FROM: Brad Hoffman, Community Development Director ~' v i DATE: July 22, 1998 SUBJECT: Resolution Authorizing Engagement of Architects for Earle Brown Heritage Center The City of Brooklyn Center has received a grant from the State in the amount of $2,500,000. The grant was made to the City for purposes of completing and/or updating conference facilities including the expansion of the parking lot, construction of the G Barn and providing building links as well as other related building needs. The City has already retained the services of E and V Construction Managers to coordinate and supervise this project. The City has also requested proposals for architectural services from eleven (11) firms. The proposals were due back July 17th. Three (3) proposals were received, all of which were considered to be qualified. Fees were to be stated in a not to exceed figure. Blumentals' fee is $78,000 or 4.88% of the construction budget. The following proposals were received: ARCHITECT FEE Thorbeck Architects $141,600 (8.85 %) Barbour/LaDouceur $84,500 Blumentals Architecture Inc. 578,000 (4.88 %) It is my recommendation that the Council accept the proposal of Blumentals Architecture Inc. and that the City manager be authorized to execute a contract for architectural services. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ENGAGEMENT OF ARCHITECTS FOR EARLE BROWN HERITAGE CENTER WHEREAS, the City of Brooklyn Center has received a grant in the amount of $2,00,000 for the completion of the conference facilities at the Earle Brown Heritage Center; and WHEREAS, the City has requested proposals for architectural services related to the completion of the Heritage Center; and WHEREAS, the City has received three (3) qualified proposals for architectural services and the proposal of Blumentals Architecture Inc. is deemed to be the most qualified. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the City Manager be and hereby is authorized to engage the services of Blumentals Architecture Inc. for architectural services related to the Earle Brown Heritage Center project upon terms and conditions as set forth in the proposal submitted by Blumentals Architecture Inc. 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. t e n R VOA . - 1t, � � �il��✓cT'� '1 � :Y fi r- r AN NK 1 Blumentals0 6205 Earle Brown Drive • Suite 120 Brooklyn Center, Minnesota 55430 -2150 (612) 561 -5757 • FAX (612) 561 -2914 r July 17, 1998 Mr. Brad Hoffmann, Community Development Director City of Brooklyn Center " 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Earle Brown Heritage Center Request for Architectural Services Dear Mr. Hoffman: We respectfully submit a proposal for professional services for EARLE BROWN HERITAGE CENTER as described in the Request for Architectural Services that we received July 1, 1998. THE FIRM • Blumentals /Architecture, Inc. is a Minnesota Corporation established in 1976 in Brooklyn Center. Owned by Susan Blumentals, AIA, CID, President and Janis Blumentals, AIA, CID, NCARB, Chief Executive Officer. The firm is certified by the State of Minnesota as a WBE Firm. • We have been active corporate citizens of this community and have been proud tenants of the Earle Brown Farm since 1976. • We were part of the original professional team for the RESTORATION AND REDEVELOPMENT OR, THE EARLE BROWN FARM /HERITAGE CENTER and were in charge of the construction documents and construction coordination /observation. THE TEAM We have assembled a well - established team for this project. The team has worked together for some time, and includes the structural engineer for the original professional team for the Restoration and Redevelopment project. Architectural • Principal in Charge /Project Architect Janis Blumentals, AIA, CID, NCARB • Project Designer /Interior Designer Susan Blumentals, AIA, CID • Project Job Captain James Moy, Associate AIA Page 1 THE TEAM (Continued) Structural Engineer Mattson MacDonald, Inc. 1516 West Lake Street Telephone: (612) 827 -7825 Minneapolis, MN 55408 Mechanical and Electrical Engineers Cain Ouse Associates, Inc. Birch Lake Professional Building Telephone: (612) 426 -9549 1310 East Highway 96 White Bear Lake, MN 55110 Landscape Architect Dahlgren, Shardlow & Uban, Inc. 300 First Avenue North Telephone: (612) 339 -3300 Minneapolis, MN 55401 SCHEDULE i • The schedule indicated is very aggressive and the only way it can be fulfilled is by using fast track construction. It will take a team effort and we have been part of fast track construction teams for years. • We, together with our consultants, herewith make a commitment to start the work promptly and to supply the necessary leadership and staff. SCOPE OF SERVICES /APPROACH • Architecture is fun and we live to have fun, but we do not want to play alone. We feel very strongly about the team approach and the involvement of the Owner and the Construction Manager. When everyone works together, the client and the users are the ultimate winners and in this case, it will also help to fulfill the aggressive schedule. • We are very familiar with the existing buildings and the proposed program. In fact, we helped to work out the program. This intimate knowledge and our special interest in this project will be very valuable for the schedule and for the entire project. • We intend to start the project as soon as we are selected. We can proceed with some of the drawings while the program is finalized. Our design development drawings will be turned directly into construction documents, even while we are getting the necessary approvals and the construction manager is getting the estimates, etc. • During construction, for obvious reasons, we will have our entire staff on the site. In this electronic age we will not have to rely on faxes from the field to explain existing conditions or what ever. The contractors will be working on our "home" and we will be there. Page 2 QUALIFICATIONS PUBLIC AGENCIES A good portion of the firm's practice has been with developers and developer /contractors, but more and more over the years we have diversified our practice and have established extensive experience with all kinds of public and corporate clients. We apply our experience from private work to projects for the public and corporate sector, incorporating the practicality and budget awareness so necessary to make any project viable. I We are proud to have worked for twenty public agencies, organizations, as well as many corporations. The I following is a list of selected clients: Public Sector Experience * Barron Memorial Medical Center, Inc. * Minnesota Housing Finance Agency * Blue Earth County Housing and Redevelopment Authority * New Ulm Housing and Redevelopment Authority * City of Brooklyn Center * Ramsey County * City of St. Paul Dept. of Housing & Economic Development * Scott County Housing and Redevelopment Authority * Dakota County Housing and Redevelopment Authority * South Dakota Housing Finance Agency * Hennepin County * State of Minnesota * Metropolitan Transit Commission * Todd County * Minneapolis Park Board * U.S. Air Force Strategic Air Command * Minneapolis Public Housing Agency * U.S. Department of Housing and Urban Development * Minneapolis Public Schools * YWCA, St. Paul CONFERENCE /MEETING FACILITIES EARLE BROWN FARM /HERITAGE CENTER (Brooklyn Center, MN) Restoration and redevelopment of this historic farmstead as a convention center with ballroom for 1,000, banquet kitchen, meeting rooms, a bed and breakfast inn with 11 guest rooms and offices, in 9 buildings on a 15 acre site. Blumentals /Architecture, Inc. was Associate Architect in charge of construction documents and construction C phases. SUNWOOD INN, ENERGY PARK (St. Paul, MN) Existing railroad paint shop located next to and connected to Bandana Square shopping center, also located in a similar, remodeled, railroad shop. Both of these railroad barns are on the National Register for Historic Buildings. The hotel is a two -story, 110 -unit hotel within the existing shop building. The hotel is complete with meeting rooms for smaller conventions and other public or private events. 6100 SUMMIT DRIVE NORTH (Brooklyn Center, MN) 1978 —Earle Brown Farm Administration Building was adapted as a bank building. 1986 —The building was adapted to be a Community Building and the Main Entrance for the Earle Brown Commons Housing Project. Project included several meeting and dining rooms. SUNWOOD INN EXPANSION (St. Cloud, MN) Addition to the existing Inn connecting the existing facility and the City Convention Center, six -story, 110 units. Project included full set of meeting rooms to compliment the convention center as well as the hotel. ADDITIONAL HOSPITALITY PROJECTS We have designed 30 other hospitality projects in various locations, each one with meeting rooms for smaller conventions and/or other public or private events. Page 3 RENOVATION /REMODELING EARLE BROWN FARMIHERITAGE CENTER (Brooklyn Center, MN) Restoration and redevelopment of this historic farmstead as a convention center with ballroom for 1,000, banquet kitchen, meeting rooms, a bed and breakfast inn with 11 guestrooms and offices, in 9 buildings on a 15 -acre site. Renovation of existing wood frame buildings included complete exterior and interior restoration and in some cases rebuilding of existing structures and adapting them for new uses. Existing hippodrome was a masonry and steel structure and the existing structure was maintained, but a new basement for the kitchen and other services were added, as well as a new large addition for lobby, public facilities, etc. Blumentals /Architecture, Inc. was Associate Architect in charge of construction documents and construction phases. BLUMENTALS /ARCHITECTURE, INC. (Earle Brown Farm, Brooklyn Center, MN) Lofted architects' office suite in a renovated barn located at the newly restored and redeveloped Earle Brown Farm /Heritage Center, 1,910 square feet. The existing wood building structure is exposed and featured as a single volume with the upper level bridging the center space. SUNWOOD INN, ENERGY PARK (St. Paul, MN) Existing railroad paint shop located next to and connected to Bandana Square shopping center, also located in a similar, remodeled, railroad shop. Both of these railroad barns are on the National Register for Historic Buildings. The motel is a two -story, 110 -unit motel within the existing shop building. 6100 SUMMIT DRIVE NORTH (Brooklyn Center, MN) 1978 —Earle Brown Farm Administration Building was adapted as a bank building. 1986 —The building was adapted to be a Community Building and the Main Entrance for the Earle Brown Commons Housing Project. SUNWOOD INN EXPANSION (St. Cloud, MN) Six -story, 100 unit addition to the existing Inn connecting the existing facility and the City Convention Center. AMERICAN CENTER BUILDING RENOVATION (St. Paul, MN) Former Farwell, Ozman, Kirk & Company warehouse built in 1905. In 1973 -1976 Janis Blumentals was the architect for remodeling the warehouse building into an office facility. Remodeling maintained existing exterior character and used the same design elements for the interior. FLOUR EXCHANGE BUILDING (Minneapolis, MN) 1975 -1993 Interior remodeling, tenant improvements and renovation studies for this historic building on the National Register for Historic Buildings, built in 1892. MINNEAPOLIS PUBLIC HOUSING AUTHORITY (Minneapolis, MN) Area wide consultant, 1995 -1999. Five -year contract for miscellaneous consultations for 42 buildings in Minneapolis. Consultations include roofing, exterior repairs, new windows, public areas and apartment remodeling, office building remodeling, scattered site single- family houses, physical needs assessment and sprinkler system retrofit assessment and estimating. Page 4 1PROPOSAL • We propose to provide our professional services based on hourly charges with a maximum not to exceed • Hourly Charges Architectural $75.00 to $47.00 Structural Engineering $86.00 to $36.00 Mechanical and Electrical Engineering $90.00 to $50.00 Landscape Architectural $83.00 to $45.00 Maximum Not To Exceed Limit Seventy eighty thousand and no /100 dollars ($78,000) Equal to 4.88% of the construction budget of $1,600,000.00. ENCLOSURES We are enclosing additional information about Blumentals /Architectural, Inc. complete with graphics illustrating similar projects; five of the referenced projects are in Brooklyn Center. 1"CONCLUSION We know that we are not the out of town experts but we also know that this Brooklyn Center project is our type of project where we can: + Use our extensive experience and our abilities • Use our intimate familiarity with the buildings to the benefit of the project. We are residents of this historical jewel, EARLE BROWN HERITAGE CENTER, and we have tremendous interest and pride in completing the ultimate form for the FARM: • We have been corporate citizens of Brooklyn Center for over 20 years. + We have been tenants on the farm for over 20 years. • This is our home. Thank you for allowing us to present Blumentals /Architecture, Inc. to you for consideration. We are very C interested in receiving this commission so we can continue working on and complete this multi -year development of THE EARLE BROWN FARM. Sincerely, Ja is Blum n Is, AIA, CID, NCARB C O Enclosures jb /cz Page 5 Blumentals0 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 Blumentals /Architecture, Inc. is a Minnesota Corporation owned by Susan Blumentals, AIA, CID, and Janis Blumentals, AIA, CID, NCARB. Blumentals /Architecture, Inc. is a firm with a varied practice established in 1976, after the principals each had more than 15 years of experience in the field of architecture. Since that time we have evolved into a small group of well- experienced and diversified professionals. We are a general practice firm, with experience encompassing most types of buildings and the project scope ranging from a few thousand dollars to several million. We have the skills and experience to handle any project, from site evaluation and programming through the various phases to completion, including interiors and graphics. Since 1976, we have designed over 700 projects in 19 states, with a total construction value well over $200,000,000.00. These years have been productive, and together with previous experience of the principals, have established an extensive background for the future: 20,000 Multi Residential units 4,000 Hospitality units 31 Office Buildings totaling 1,350,000 square feet 92 Industrial Buildings totaling 2,900,000 square feet 210 Restaurants/Food Services /Convention Facilities 36 Retail Buildings or Centers 73 Medical Facilities 10 Banking Facilities 50 Recreation Facilities 77 Child Care/Play Facilities c 1$ Vehicle Maintenance Facilities 60 Single Family Residences 1,000 Planning and Master Planning Projects Sites totaling 4,500 acres 200 Renovation/Remodeling Projects totaling 1,100,000 square feet 170 Interior Design Projects 1,000 Space Planning Projects totaling 2,000,000 square feet In addition to the above experience, we have the philosophy and the expertise in certain architectural practice specialties and skills: ^� Production Oriented Practice • Design Build /Construction Management/Fast -Track Construction • Public and Corporate Projects • Life Safety/Building Code Expertise • Accessibility Expertise • Energy Efficient Design • Computer Aided Practice 3/98 WI Blumentals0 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 (612) 561 -5757 • FAX (612) 561 -2914 Susan Blumentals, AIA, CID President Education: • Bachelor of Architecture, with distinction, 1959, University of Minnesota Registered Architect in Minnesota. Certified Interior Designer in Minnesota. Experience: BlumentaWArchitecture, Inc., Brooklyn Center • Smiley - Glotter Associates, Minneapolis • Gingold -Pink Architecture, Minneapolis Professional Memberships: • State of Minnesota * Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design * Appointed 1991 * Chair Architect's Section 1993 -1994 * Chair of the Board 1994 -1996 • National Council of Architectural Registration Boards * Exam Writing Committee 1992 -1996 * Exam Grading Committee 1992 -1996 * Research Committee, Chair 1996 -1998 * Committee on Examination 1996 -1998 * Vice Chair, Region IV NCARB 1997 -1998 • American Institute of Architects • AIA Minnesota * Board Member 1986 -1988 * Secretary 1990 Janis Blumentals, AIA, CID, NCARB CEO Education: • Bachelor of Arts, 1956, University of Minnesota Bachelor of Architecture, 1959, University of Minnesota Registered Architect in Minnesota. Certified Interior Designer in Minnesota. Registered Architect in 22 Other States: - Arizona - Florida Mississippi Nevada South Dakota Washington California - Idaho Missouri - North Dakota Texas Wisconsin Colorado - Illinois Montana Oklahoma Utah Wyoming - Connecticut - Iowa Nebraska Oregon National Council of Architectural Registration Boards Certificate Experience: • Blumentals /Architecture, Inc., Brooklyn Center Grover Diamond Associates, St. Paul • Tropicana Hotel, Las Vegas, Sheehy Construction Co., St. Paul Kehne and Carmody, Bloomington • Gingold -Pink Architecture, Minneapolis Office of Supervising Engineer, University of Minnesota Professional Memberships: • American Institute of Architects * Member 1983 -1998 • ALA Minnesota * Professional Development Committee, Chair 1987 -1988 * Lake Superior Design Retreat, Founder Member 1990 -1998, Co -Chair 1993 -1995 • International Conference of Building Officials • National Fire Protection Association • Hennepin County Designer Selection Board Civic Memberships: • Brooklyn Center Chamber of Commerce * Board Member 1985 -1987, 1993 -1998 * President 1997 -98 * Economic Development Committee, Chair 1988, 1992 and 1993 * 1993 Small Business Person of the Year Marquette Bank, Brookdale, Advisory Board of Directors, 1997 2/98 , Blumentals0 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 James Moy, Associate AIA Senior Architectural Intern Education: • Bachelor of Architecture, 1995, North Dakota State University Experience: • Blumentals/Architecture, Inc., Brooklyn Center Professional Memberships: American Institute of Architects, Associate Minnesota American Institute of Architects, Associate Civic Memberships: Habitat for Humanity 1997 �s 3(98 Blumentalsf z . 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 i RESTAURANTS/FOOD SERVICES /CONVENTION FACILITIES Blumentals /Architecture, Inc. has designed over 210 food facilities. Selected Projects: EARLE BROWN FARMIRERITAGE CENTER Brooklyn Center Restoration and Redevelopment of this historic farmstead as a convention center with ballroom for 1,000, banquet kitchen, meeting rooms, a bed and breakfast inn with 11 guest rooms and offices, in 9 buildings on a 15 acre site. Blumentals /Architecture, Inc. was in charge of construction documents and construction phases. MCDONALD'S RESTAURANTS Abbott- Northwestem Hospital Minneapolis A 6,200 square foot restaurant in a new one -story addition to the existing hospital. A 4,200 square foot basement for storage, services and hospital use. 150 OTHER MCDONALD'S RESTAURANTS Minnesota, Illinois, Iowa, Montana, North Dakota, South Dakota and Wisconsin. New restaurants, additions and remodelings. THE EVERGREENS, ASSISTED LIVING RESIDENCE Brooklyn Center and Apple Valley Five buildings each for 30 residents. Each building complete with one kitchen and two "family" dining rooms. CONREGATE DINING —EARL BROWN COMMONS Brooklyn Center Elderly apartments, Earle Brown Farm, kitchen and dining area for 269 units. c CONGREGATE DINING —MAPLE CROFT RETIREMENT COMMUNITY Barron Memorial Medical Center Barron, Wisconsin Kitchen and dining area for 40 units. SUNWOOD CONVENTION CENTER EXPANSION St. Cloud Six -story addition, 110 hotel rooms, to the existing convention center connecting the existing facility and the City Convention Center. Includes several meeting rooms, service facilities and a future restaurant. 1 3/98 Blumentalsf 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 PLANNING AND MASTER PLANNING Blumentals /Architecture, Inc. has planned and/or master planned over 800 sites. The principals have worked on additional 200 sites. The total acreage exceeds 4,500 acres. AIR FORCE FAMILY HOUSING 10 acres * Strategic Air Command Design Award Powell, Wyoming AUTO SERVICE CENTER 3.3 acres Chanhassen WESTSIDE PLAZA 3.5 acres Northfield EARLE BROWN FARMSTEAD 15 acres $rooklyn Center ANOKA ENTERPRISE PARK 200 acres Anoka TRAVEL PLAZA 67 acres St. Cloud MCSTOP CENTER 14 acres Lakeville OAK CLIFF PONDS DETACHED TOWNHOMES 22 acres c Eagan MOUNTAIN SKY GUEST RANCH 1,000 acres Emigrant, Montana SHINGLE CREEK BUSINESS PARK 39 acres Brooklyn Center BROOKLYN CENTER REDEVELOPMENT 4 acres Brooklyn Center MAPLE GROVE BUSINESS PARK 230 acres Maple Grove CAMELBACK AND MILLER SHOPPING CENTER 13 acres Scottsdale, Arizona SITE PLANS Large, Multi - residential projects 130 acres 21 projects, all sites larger than 3 acres 3/98 Blumentalsf 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 RENOVATION/REMODELING Blumentals /Architecture, Inc. feels very strongly that almost every existing building, with or without historic significance, should be considered for renovation. The firm has an extensive background in building renovation. EARLE BROWN FARM/HERITAGE CENTER Brooklyn Center Restoration and redevelopment of this historic farmstead as a convention center with ballroom for 1,000, banquet kitchen, meeting rooms, a bed and breakfast inn with 11 guest rooms and offices, in 9 buildings on a 15 acre site. Renovation of existing wood frame buildings included complete exterior and interior restoration and in some cases rebuilding of existing structure and adapting them for new uses. Existing hippodrome was a masonry and steel structure and the existing structure was maintained, but a new basement for the kitchen and other services were added, as well as a new large addition for lobby, public facilities, etc. Blumentals /Architecture, Inc. was Associate Architect in charge of construction documents and construction Phases. BLUMENTALS /ARCHITECTURE, INC. Earle Brown Farm, Brooklyn Center Lofted architects' office suite in a renovated barn located at the newly restored and redeveloped Earle Brown Farm/Heritage Center, 1,910 square feet. The existing wood building structure is exposed and featured as a single volume with the upper level bridging the center space. SUNWOOD INN, ENERGY PARK St. Paul Existing railroad paint shop located next to and connected to Bandana Square shopping center, also located in a similar, remodeled, railroad shop. Both of these railroad barns are on the National Register for Historic Buildings. The motel is a two -story, 110 unit motel -,vithin the existing shop building. s 6100 SUMMIT DRIVE NORTH Brooklyn Center 1978 —Earle Brown Farm Administration Building was adapted as a bank building. 1986 —The building was adapted to be a Community Building and the Main Entrance for the Earle Brown Commons Housing Project. SUNWOOD INN EXPANSION St, Cloud Addition to the existing Inn connecting the existing facility and the City Convention Center, six -story, 110 units. AMERICAN CENTER BUILDING RENOVATION St. Paul Former Farwell, Ozman, Kirk & Company warehouse built in 1905. In 1973 -1976 Janis Blumentals was the architect for remodeling the warehouse building into an. office facility. Remodeling maintained existing exterior character and used the same design elements for the interior. FLOUR EXCHANGE BUILDING S Minneapolis 1975 -1993 Interior remodeling, tenant improvements and renovation studies for this historic building on the National Register for Historic Buildings, built in 1892. 11/96 Blumentalsf &Y@h M; Kn once 1 11 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 i PORT ST. ALBANS COOPERATIVE - (HARTZELL SCHOOL RENOVATION) St. Paul Consisted of renovating an existing two -story school building into 10 cooperative units, for Common Space. A non -profit housing developer. YWCA St. Paul 1986 -1988 Exterior /interior renovation and code updating for eight -story, 130,000 sq. ft. multi -use building, including assembly areas, indoor pool and other recreation uses, administrative offices, women's shelter and a day care facility. McDONALD'S RESTAURANT /ABBOTT - NORTHWESTER HOSPITAL Minneapolis Restaurant/cafeteria (6,200 square feet) with 4,200 square foot basement in an addition to the existing building. Stone exterior matches stone used for the existing hospital. MOUNTAIN SKY GUEST RANCH Emigrant, Montana Master planning expansion and renovation for 1,000 plus acre ranch in Montana Mountains, elevation 6,000 feet. Includes renovation of the existing and design new Guest Cabins, as well as renovating and adding to the existing Lodge Building. HAMILTON SCHOOL REMODELING Minneapolis New Elevator, new sprinkler system. Life safety improvements and accessibility modifications. NORTH STAR PRIMARY SCHOOL REMODELING Minneapolis Life safety improvement and accessibility modifications. Sports deck renovations. Our firm has designed over 200 remodeling /renovation projects covering approximately 1,100,000 square feet. The following is a list of selected projects, in addition to the projects listed above: RENOVATIONS: -- Studies for McColl Building, St. Paul. Study for using historic building on National Register for a bank. -- One room school house /Camilla Rose Health Complex, Coon Rapids. Historic school house renovation for meeting and guest facility. -- An old Grainery into a Personal Library/Retreat, Pine Creek Farm, Hampton Township. -- Tjosvold Residence, Coon Rapids. Renovation of a 100 year old house into a contemporary residence. ADDITIONS AND REMODELING: -- Tropicana Hotel, Las Vegas -- New Horizon Child Care, Plymouth Over 90 McDonald's Restaurants and Woodbury -- Barron Memorial Medical Center, -- Kinderberry Hill Child Care, Edina Barron, Wisconsin and Maplewood -- Todd County Social Services, Long Prairie -- 4 motels -- State of Minnesota, Department of -- 8 single family residences Agriculture, St. Paul -- 19 apartment projects with.a total -- Sheehy Office Building, St. Paul over 1,400 units -- 24 industrial buildings 11/96 Blumentalsf 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 (612) 561 -5757 FAX (612) 561 -2914 1 PRODUCTION ORIENTED PRACTICE Blumentals /Architecture, Inc. is well -known and a well established design firm. In the last 21 years we have designed over 700 projects following the goals of the firm to provide architectural solutions that are: a EXCITING IMAGINATIVE FUNCTIONAL PRACTICAL We are also proud to be known as a production- oriented firm with extensive technical competence, and we know how to combine our extensive design capability with our practical experience. ♦ PROGRAMMING - A program is the first step for any project. - Establish exact scope and defines the project. - We stress a certain process to manage a successful project. - We have extensive progr experience. ♦ PRODUCTION /QUALITY CONTROL - We combine the requirements of the program with the realities of the budget, resulting in solutions that are affordable, that work, and are a good design. - We stress efficiency and organization in construction documents. - We make everything clear to the trades and others. - We emphasize quality control. - We use the latest production techniques. ♦ BUDGET AWARENESS e - We always stress cost control. - None of our projects have been canceled because it has been over - designed. e TIME SCHEDULE AWARENESS - We are known to fulfill any reasonable schedule. ♦ LIFE SAFETY AND ACCESSIBILITY EXPERTISE - Knowledge of the Building Codes. - State Contract for Contract Inspection Services (1991- 1996). - Fair Housing Act Training and experience. -� - ADA Training and ADA Surveys. - Active in Continuing Education. ♦ PRINCIPALS INVOLVEMENT - Principals are always in direct control of every project. 2/98 Blumentals0 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 1 DESIGN BUILD /CONSTRUCTION MANAGEMENT/FAST -TRACK CONSTRUCTION A good portion of the firm's practice is with developers, property manager, construction managers and contractors. This very often means a condensed planning and design phase and/or fast tracking preparation of construction documents, coordinated with fast track construction. Tight cost control and working very closely with the construction management staff is 'of great importance as well. We understand the developer's requirements, schedules and goals. We know what the contractors need for estimating, for negotiations with subcontractors and for construction. Janis Blumentals, before establishing his own practice, worked for a construction company as a staff architect. In addition to design, preparation of construction documents and field coordination duties, Janis was also involved with construction management, fast tracking, estimating and life cycle cost analysis. We are proud to have worked for and with many developers, property managers, construction managers and contractors. The following is a list of several selected firms: * ACM, Inc. * Lombard Properties, Inc. * Beisner Ltd. * Lund -Martin Construction, Inc. * Bor -Son Construction Co. * M.A. Mortenson Co. * Braun Built Corporation * Merit Siding, Inc * Brutger Companies, Inc. * Metro Siding, Inc. * Building Environments, Inc. * National Lodging Development, Inc. * C.A.M., Inc. * Podawiltz Development Corp. * CBS Construction Services, Inc. * Project for Pride in Living, Inc. * Christian Builders * R. A. Morton & Associates, Inc. * Development Representation Assoc., Ltd. * Riverside Companies * DeVries Builders, Inc. * Rosewood Construction, Inc. * Dominium Group, Inc. * Ross & Associates, Ltd. * Equitec Properties, Co. * Ryan Construction Co. of MN, Inc. * Frana & Sons, Inc. * Schaefer Development * Frerichs Construction Co. * Sheehy Construction Co. * Gentry Construction * Summit Mortgage Co. * Griffin Companies * T Lee Development, Corp. * Hagman Construction, Inc. * The Trillium Group, Inc. 1 * Heskin Resource Group, Inc. * Trucker Constructors, Inc. * Holle Construction Co. * Uhde/Nelson, inc. * Wellington Management, Inc. 11/96 Blumentalsf 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 PUBLIC AND CORPORATE PROJECTS A good portion of the firm's practice has been with developers and developer /contractors, but in recent years we have diversified our practice and we have established extensive experience with all kinds of public and corporate projects. We apply our experience from private work to projects for the public and corporate sector, incorporating the practicality and budget awareness so necessary to make any project viable. Janis Blumentals, before establishing his own practice, was on the staff of Office of Supervising Engineer for the University of Minnesota. In addition to design and preparation of construction documents, Janis Blumentals was also involved with University faculty and administrative staff, budgets and schedules. We are proud to have worked for over twenty public agencies, organizations, as well as many corporations. The following is a list of selected clients: PUBLIC AGENCIES • Barron Memorial Medical Center, Inc. * Minnesota Housing Finance Agency • Blue Earth County Housing and Redevelopment Authority * New Ulm Housing and Redevelopment Authority * City of Brooklyn Center * Ramsey County • City of St. Paul Department of Housing & Economic * Scott County Housing and Redevelopment Authority Development * Dakota County Housing and Redevelopment Authority * South Dakota Housing Finance Agency * Hennepin County * State of Minnesota * Metropolitan Transit Commission * Todd County * Minneapolis Park Board * U.S. Air Force Strategic Air Command * Minneapolis Public Housing Agency * U.S. Department of Housing and Urban Development * Minneapolis Public Schools * YWCA, St. Paul CORPORATIONS * Brockdale Car Wash, Inc. * Minnesota Diversified, Inc. * Burger Brothers Sporting Goods * Minnesota School of Business * Century Tools, Inc. * Motel Development & Management, Inc. * Creative Carton Corporation * National Ag Underwriters, Inc. * Eagle Windows of the Twin Cities, Inc. * New Horizon Child Care, Inc. * Edina Realty, Inc. * Precision Graphics, Inc. _.� * Evergreens Group * S.T. Specialty Foods, Inc. * Gammon Brothers, Inc. * Splatball Indoors, Inc. * Gold'n Plump Poultry, Inc. * State Farm Insurance * Harmony Scenic Studios, Inc. * Summit National Bank * Kavouras, Inc. * Summit State Bank of Richfield * Kurt Manufacturing Co. * Sunlite Properties * McDonald's Corporation * Superior Collision and Paint, Inc. * Mega Stop Fuel Center * Supreme Tool, Inc. * Metro Paper Recovery * TCR Corporation * Metropolitan Federal Bank * Thies & Talle Management, Inc. * Wuorio Truck Sales 2/98 Blumentalsf 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 i 1 LIFE SAFETY/BUILDING CODE EXPERTISE Blumentals /Architecture, Inc. is committed to LIFE SAFETY, not only for all of the projects we design, but also to maintain and improve Life Safety knowledge in the profession and the building industry in general. KNOWLEDGE OF THE BUILDING CODES • We pride ourselves in knowing, understanding and using building codes. Code is the minim requirement and you have to know when the minimum requirement is acceptable and when we should exceed these requirements. • Janis Blumentals has been approved by the State of Minnesota to conduct General Building as well as Handicap Accessibility Inspections and/or Evaluations. We had a state contract for Contract Inspection Services (1991 - 1996). MEMBERSHIPS • Susan Blumentals, in 1991 was appointed to the State of Minnesota Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design. Chair of Architect's Section 1993 -1994. Chair of the Board 1994 -1995. • Susan Blumentals is National Council of Architectural Registration Board's Exam Writing Committee 1992 -1996 * Exam Grading Committee 1992 -1996 * Research Committee, Chair 1996 - 1998 * Committee on Examination 1996 -1998 * Vice Chair, Region IV NCARB 1997 -1998. • Janis Blumentals is a professional member of the International Conference of Building Officials. • Janis Blumentals is a member of the National Fire Protection Association. CONTINUING EDUCATION • We all attend seminars and we have in -house training. • Janis Blumentals is a member of AIA Minnesota Professional Development Committee. Member 1983 -1998 Chair 1987 -1988 �I Janis Blumentals has organized several Building Code Seminars. • Janis Blumentals is a member of AIA Minnesota Lake Superior Design Retreat. Member 1990 -1998 Co -Chair 1993 -1995 t� , � 2/98 Blumentalsf Y 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 ACCESSIBILITY EXPERTISE Blumentals /Architecture, Inc. believes that BARRIER FREE DESIGN is a matter of philosophy, plus knowledge of codes, laws and regulations. • ADA and Fair Housing Act are new Federal Laws that together with Building Codes affect every project in the Country. We are up -to -date with these laws. We are using the necessary requirements as we design all of our projects. • We all attend seminars and we have in- house training. • Janis Blumentals is a member of the AIA Minnesota Professional Development Committee. Member 1983 -1997 Chair 1987 -1988 • Janis Blumentals has organized several Accessibility Seminars. • In 1984 we completed a Study of Handicapped Housing for the Minnesota Housing Finance Agency. This research was conducted on four existing multi - family residences designed for the disabled. The study covered design features, type of units, construction details, resident needs, etc. • We completed an 18 unit project from 1991 -1992, PARK CROSSING APARTMENTS, St. Paul. The entire building, including units, was designed using the Fair Housing Accessibility Guidelines. • Since 1992, we are designing all our non - residential projects using ADA Accessibility Guidelines and that includes office buildings, space planning, motels, restaurants, industrial buildings and dam care facilities. • ADA Surveys - Department of Agriculture 82,000 sq. ft. St. Paul, Minnesota - 1210 East College Drive 20,000 sq. ft. Marshall, Minnesota 1 11/96 I I i Blumentals0 6205 Earle Brown Drive • Suite 120 • Brooklyn Center, Minnesota 55430 -2150 • (612) 561 -5757 • FAX (612) 561 -2914 ENERGY EFFICIENT DESIGN Inc. believes and is committed to energy efficient architecture: Blumentals /Architecture, gy ♦ Proper building orientation ♦ Super insulation ♦ Efficient building design ♦ Energy efficient materials ♦ Limiting exposure ♦ Solar technology The firm is in general practice and does not specialize in solar technology, but believes in incorporating energy efficiency and energy considerations in every projects. SOLAR TOWNHOUSES Apple Valley, Burnsville and Rosemount 72 townhouses with passive solar design and active solar for domestic hot water. GLENDALE WOODS CONDOMINIUM TOWNHOMES Savage 44 super insulated townhomes. Double wall construction. Wall insulation with R -38 and roof insulation with R -69. PUBLIC HOUSING FOR THE ELDERLY New Ulm and Blue Earth County Active solar systems for domestic hot water. SUN CANYON INN 1Z Sierra Vista, Arizona Active solar system for the outdoor pool. ADDITION TO THRIFTY SCOT MOTEL Billings, Montana Active solar system for the original motel and the addition. DAKOTA COUNTY HRA OFFICE BUILDING Rosemount Energy efficient building using light shelves, daylighting, thereto mass, limited northern exposure and earth berming. SWEDISH MANUFACTURED HOUSING Custom designing single and duplex houses for the Midwest, USA, using local design and code requirements. These homes were to be built in Sweden using the latest energy efficient manufacturing techniques. The ultimate goal was to establish a manufacturing plant in Minnesota. 11/96 J Blumentals0 6205 Earle Brown Drive •Suite 120 •Brooklyn Center, Minnesota 55430 -2150 e (612) 561 -5757 •FAX (612) 561 -2914 COMPUTER AIDED PRACTICE In 1985, Blumentals /Architecture, Inc. joined the limited number of architectural firms that use computers for design and drafting. At that time, we acquired a Bruning CAD Spectra work station with Easy Draft H software. In 1992, we added an IBM compatible 486 Computer with AutoCad Release 11 software. This addition keeps our office abreast with state -of -the -art technology. We increased our CAD capability as well as our ability to communicate directly with more clients and consultants, via modem or diskette. In 1993, we upgraded our software to AutoCad Release 12 and replaced our Bruning CAD system with a faster, larger capacity IBM compatible computer. In 1995/96, we upgraded our software to AutoCad Release 13 and installed the network system complete with five computer stations. In 1997, we upgraded our software to AutoCad Release 14. COMPUTER AIDED DRAFTING • We use the latest production techniques in computer aided drafting. Building consist of many repeated elements. It is time consuming to draw these elements and combinations of them in many repeated assemblies such as motel rooms, apartments, office building bays, etc. COMPUTER AIDED DESIGN The computer is also used for planning and design. AutoCad makes it simple to move buildings or portions of buildings, enabling us to study many more schemes and layouts within the given timq_ schedule. COMPUTERIZED SPECIFICATIONS AND REPORTS We use our IBM/PC system with a laser jet printer for specifications and reports. REVISIONS There are always revisions or additions that the client or our own staff come up with that really would improve the project, but would require a delay to revise all the drawings. Now, with the computer, we can incorporate these revisions with considerable time savings. ACCURACY Our computers require exact information from us and then maintain and build on this accuracy. This ensures that the drawings produced are precisely accurate and drawn that way. TIME SAVINGS Our computers enable us the luxury of providing time savings for the professional, speeding up production which allows more time for consideration of several design possibilities, which ultimately improves our projects. 2/98 ti• Blumentals/ a i �' ; v �" i J BLUMENTALS /ARCHITECTURE, INC. AT EARLE BROWN FARMIHERITAGE CENTER Brooklyn Center, Minnesota 1990 Owner: City of Brooklyn Center Susan Blumentals, AIA, Principal in Charge/Project Designer Lofted office suite of 1,910 sq. ft. in the renovated 'H Barn' located at the newly restored and redeveloped Earle Brown Farm and Heritage Center. Renovation of the existing 'H Barn' included complete exterior and interior restoration. The building structure is tly sandblasted natural wood with the variety of windows and doors normally found in the farm buildings. Entire Blumentals suite is viewed as a single volume with the upper level loft bridging the center space, and lighting accenting the tall space. Biumentals/ i na a'? ME al �I 9 f PARK CROSSING APARTMENTS St. Paul, Minnesota 1991 -1992 Apartments for low income families Construction Budget: $1,098,000 Developer: Wellington Management, Inc. Non -profit Owner: Project for Pride in Living c Financing: Minnesota Housing F inance Agency and City of St. Paul 18 Units, 23,400 sq. ft. Janis Blumentals, Principal in Charge and Architect Theodore J. Arneson, Job Captain Small Sloped infill site next to a new city mini -park, to provide a connecting link between two established neighborhoods- -north and south St. Anthony Park, and this required considerable community participation. All units and the entire building were designed using fair housing accessibility guidelines. Three -story wood frame building with elevator. A 14 stall garage incorporated on the first floor. Automatic sprinkler system. Wood siding. Aluminum windows. ' REFERENCES: Ralph Colby, Director of Development -- Project for Pride in Living 874 -8511 Han Lee -- Minnesota Housing Finance Agency 296 -7608 Gary Grabko, Housing Advisory- -City of St. Paul 228 -3105 r � 1 N 1 BlumentaISLi t; 1 y, 6ElE }j / . - � ► w -w+r 1 THE EVERGREENS Earle Brown Farm, Brooklyn Center, Minnesota 1992 -1994 Assisted Living Residence Cost: 53,100,000 90 Units Three one -story buildings. Each building is a 30 unit assisted living residence, with most activities occurring in a "family" of 15 people, including dining. There is one common kitchen per building. The project is located on a historical farm and design of the buildings reflects and enhances the design of the farm, complete with red siding. Extensive landscaping including a pond on a very compact site. Blumentals � �hKa q • .. 'w.i�i -r+A ;' ' . ,... - y,� :' -• . � fi .,.y , Xr.. "'"s'r ° - ..X- }7P.�e .' : - - .: 51'� •'• =r'is�lle.., d � }µf'. At ho Y:�1.4�1,.�a�,s�a, 4 . .: •M:,.raLS,xY�,� 11v+ - � i M1 I go t� s STATE OF MINNESOTA DEPARTMENT OF JOBS AND TRAINING East Lake Street and Chicago Avenue South, Minneapolis 1990 -1992 20,000 sq. ft. Construction Budget: $1,400,000 Susan Blumentals, AIA, Designer Janis Blumentals, AIA, Project Architect Through a multi-year effort, a highly visible commercial corner was transformed from Ferris Alexander's pornographic hub to a vital, active, neighborhood integrated facility. This two -story 20,000 sq. ft. building combines: * The needs of the State * The wishes of the neighborhood for a project aesthetically integrated into their community * Planning that recognizes the vital part of pedestrians and public transportation at Chicago and Lake * Design based on importance to maintain the historic urban commercial character and scale l of Lake Street —� This project was an involved effort, and in addition to professionals the team included: Chicago- Lake Project Review Committee; Sharon Sayles- Belton, Ward 8 Councilperson; Peter McLaughlin, legislator, County Commissioner; Minneapolis Community Development Agency; Minnesota Department of Jobs and Training. • ' REFERENCE: Fred Wilkinson, DJT 296 -3711 Blumentals.," i y 1 � 1 6100 SUMMIT DRIVE NORTH Earle Brown Farm, Brooklyn Center, i'v innesota 1978 -1988 Renovation and New Construction Susan Blumentals, AIA Designer c Janis Blumentals, Project Architect In 1978, Earle Brown Farm administration Building was adapted as a bank building. In 1986, the building was adapted to be a community building and the main entrance for the Earl Brown Commons Apartments for seniors. First Phase 140 Units Built $6,500,000.00 Second Phase 129 Units Abandoned The 11 -story apartment building designed to compliment the existing administration building, as well as to reflect and to enhance the design of the historical farm. The Apartment project includes: * Congregate Dining * Commercial Kitchen * Beauty Shop * Work Shop * Two Level Parking Ramp know 600 fr,r,: it MOW mom kftad bood mom WN09 L..- __-,A i.E+itY 03 .. ;� .�--% : lj r .^•.ye.'._�q� F. �:'^ !Fl � :Z I, ��: x :_ ` --+ -. ..rl _ ;..::y �t_ii> rl'- f=- �;•1_ - � '' �.�tr - _ - •...: �� r, �� c f �; • �t� .: `� ^�I�� - � � � � �, _ - 1 *� _�...�= !l � - '� H H 8 9 El t3� t�a,.i l� -f .. L_ _� L_ /..1. ! ,Llr' /jJ t• ^ , � `J, t L t�ttltlE�tia;& C: L - I'�� - L _j � � r. r,• %: /- :1:1-(.'.1 /•' �;��� � com. s:L- c}z .cz:c x c�a ,rte z:c e i � a ► _ ' *r r� — - - - - - cy' is — >>i'��: *�r _!GY �� _.yc1'i :rt % i (o i�` t � ' .���. • . �` _� ��`� � • %• l.. : � � '(a —cam � (,� ' 1�`• -\ 1 ',� J �•. ,(:.. -` � 1 �.-. ` %�^ =-"i+ =�:: =1 � — • , � � - , �-- - - �,� _ - , ,(� -_..` of C ��y.:. _ - _ - - �.__ z.= z: = :��` - , �'-.: •v•. f %.-----.00" EARLE BROWN FARM /HERITAGE CENTER Brooklyn Center, Minnesota 1987 -1990 Cost: $8,500,000 Owner: City of Brooklyn Center Architect: Winsor /Fancy Architects Associate Architect: Btu mental s/Architecture, Inc. - -In charge of construction documents and construction phases. Renovation and re- development of this historic farmstead on the State Historic Register as a I Ieritage Center and Convention Center: * Ballroom for 1 b complete with other meeting rooms and banquet kitchen. * Bed and Breakfast Inn with 1 I guest rooms. P 9 * Tenant and Administrative Offices. * Total of nine buildings on a 15 acres site. wood frame buildings included complete exterior and interior restoration and in some cases rebuilding of existing structure and adapting them for Renovation of existing b 1 S � new uses. The existing hippodrome was masonry and steel structure and existing structure was maintained, but new basement for the kitchen and other services were added, as well as anew large addition for lobby, public facilities, et New sprinkler system throughout. REFERENCE: Brad Ilof man, City Community Development Director 569 -3300 t Blumentals." i - 4 ` ` 1 SUNWOOD INN AT ENERGY PARK 1010 West Bandana Boulevard, St, Paul, Minnesota $2,600,000 Janis Blumentals, AIA, Principal in Charge Susan Blumentals, AIA, Designer The project is located in a redevelopment of a railroadlindustrial area of St. Paul called Energy Park_ A 1911 railroad paint shop located next to, and connected to Bandana Square Shopping Center, also located in a similar, remodeled, railroad shop. Both of these railroad barns are on the National Register for Historic Buildings. The restored structure of sandblasted heavy timber, railroad tracks, strip skylights, and a monitor running the length of the building establish the scale and setting of the two -story hotel facility built within. The 110 guest rooms and meeting rooms are situated around two court areas in a "figure eight ". Hotel rooms located around the exterior of the building utilize windows in existing trackage doors, and interior rooms use the light from the courts. The courts are treated as exterior spaces, drawing from the numerous skylights and the monitor. The entry court contains the registration area and the breakfast station, which recalls the architectural charger of the historic Minenehaha Depot (Circa 1870), located in Minneapolis. The second court contains the complex of three pools and lounging areas. The atmosphere of a small railroad town has been created in these courts, with detailing reminiscent of the Victorian era and an t :imate scale established by a varying of he surfaces enclosing the courts. REFERENCE: Dan J. Brutger (302) 252 -6262 Blumentals! ............... .. .......... C ) 110 c J z 2 70 C. z L ------ ------ r �c: t z - ---- -------- U) ---------- 0 01 Q lk 6 10 -J 2 LL LU i 0 C 0 L) k cc z .1 _I C> l 0 LL to 4d ZZ 3: Cl) tic z Ll 10 00 to CL ............................................... ..... . AIR FORCE FAMILY HOUSING Strategic Air Command Design Award M t' Strategic Training Range Complex, Powell, Wyoming Cost: $3,400,000 Project administrated by the Army Corps of Engineers 50 Units 72,600 Sq. Ft. Design consisting of detached louse,, duplexes and 4-plex apartments. All units are oriented and designed for passive solar heating and informally grouped into cul-de-sacs which are located to consolidate open space for recreation. of �Blumentalsv n 7 7 ..� t !1'7����� _ " � �. "r^• r� �/ -- 111 �• i = i . h • ��� � I6' t MINNEAPOLIS PUBLIC HOUSING AUTHORITY ,.r ~ Area Wide Consultant 1995-1999 C Susan Blumentals, ALA, Principal in Charge Janis Blumentals, ALA, Assoc. Principal /Project Architect James L. Moy, Job Captain ` Five -year contract for miscellaneous consultations for 42 buildings in Minneapolis. Consultations include roofing, exterior repairs, new windows, public areas and apartment '.' remodeling, office building remodeling, scattered site single - - family houses, physical needs assessment and sprinkler system - retrofit assessment and estimating. REFERENCE: etta lio Head of Improvements Ca ital Emilio B g � P Minneapolis Public Housing Authority (612) 342 -1419 e J / / 1 Blument ;P ^�,a �j �i�. ^_its n�, � I Amok i "Tn W• S v i / 1 SAINT PAUL YWCA HEADQUARTERS 65 East Kellogg Boulevard, St. Paul, Minnesota 1986 -1989 First Phase: $317,000 Janis Blumentals, ALA, Project Architect Renovation of this eight -story, 130,000 square foot multi use headquarters building. 4 Construction was completed for the first phase only. Second, third and future phases were interrupted by a change of administration, and eventual sale of the building to the St. Paul School District. EXTERIOR WORK: * Brick restoration and window work. * Roof top sports /play area. INTERIOR WORK: * Code update and new finishes for: 1 -- Assembly and meeting rooms. -- 75 foot long pool, gymnasium and recreation uses. -- Women's shelter, day care complete with kitchen. -- Administrative offices. * Elevator Service Extension and update. * Partial new sprinkler system. 1 REFERENCE: Ellen Hart, Former Administrator (6 12 690 -4897 Blumentals Mactirs Inc 1 'f 7 LLL Q STATE OF MINNESOTA ADDITION TO DEPARTMENT OF AGRICULTURE 90 West Plato Boulevard, St. Paul, Minnesota A privately owned building leased to the State 1989 -1990 Fourth Floor Addition; 11,000 sq. ft. Construction Budget $400,000 Janis Blumentals, ALA, Project Architect Fourth floor addition to the West Wing. Energy efficient Exterior Insulation and Finish System to match existing exterior. The building was fully occupied during the construction, and the construction was scheduled ® accordingly. i J City Council Agenda Item No. 7g • MEMORANDUM DATE: July 20, 1998 TO: Michael J. McCauley, City Manager FROM: Scott A. Brink, City Engineer SUBJECT: Resolution Approving Change Order No. 2, Accepting Work Performed and Authorizing Final Payment, Improvement Project Nos. 1997 -17, Contract 1997 -N, Shingle Creek Regional Pond On October 23, 1997, the City Council awarded a contract for the subject improvement to DKH Excavating, Inc. of Shakopee, Minnesota. All contract work has been completed, and a final payment is ready to be processed. The project generally consisted of the following: grading and earthwork to expand the ponding network at Centerbrook Golf Course, the installation of a storm sewer conduit under T.H. 100 from the Brookdale property to Centerbrook, and provisions for a connection to the City of Minneapolis portion of the Shingle Creek Regional Pond project. • The original contract amount with DKH Excavating totaled $727,467.45. Since a significant portion of the funding for this project is provided by a grant between the State of Minnesota Department of Trade and Economic Development Division, it was recognized that prevailing wage requirements did apply, and the contract amount was adjusted appropriately to an amount Of $792,940.03. This adjustment was approved by the City Council as Change Order No. 1 on January 12, 1998. For budgeting purposes, a 10% contingency is typically added to construction contracts of this nature to cover unforeseen conditions and problems, or any extra work items required or requested. The total amount of work completed totals $823,892.91, a net increase of 4% over the contract amount. The additional amount, or Change Order No. 2 ($35,801.33), primarily reflects additional work requested by the City to improve the overall finished Centerbrook product. This includes additional aggregate base for cart pathways, and additional fill, and grading and shaping for tees and fairways. In addition, the original contract provided for the deposit of excess materials at the 53rd AvenueBellvue Lane improvement area. However, actual grading and shaping of the redevelopment area was not included in the Shingle Creek Regional Pond project, but was performed by the Contractor later at the request of the City. Some additional equipment cost time for that work was therefore included in Change Order No. 2. Final contract quantities did end slightly less than the original bid quantities, thus adjusting the total amount to $823,892.91. • The project was substantially completed in early April, and all remaining contract work has been completed. Centerbrook was opened for play on May 27 as originally scheduled, despite less than favorable working conditions throughout the winter months. It is recommended to approve the attached resolution accepting the work performed in the amount of $823,892.91. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING CHANGE ORDER NO. 2, ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, DKH Excavating, Inc. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1997 -17, Contract 1997 -N, Shingle Creek Regional Pond NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Change Order No. 2 in the amount of $35,801.33 is hereby approved. 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $823,892.91. 3. The work completed under said contract is accepted and approved ® according to the following schedule: As Amended Per Final Project Costs Low Bid As Final Contract $727,467.45 $707,870.00 Change Order No. 1 $ $ 80,221.58 Change Order No.2 $ $ 35,801.33 Contingencies (10 %) $ $ $823,892.91 Staff Engineering $ $ 41,273.04 Professional Services $ $138,296.00 Other Contractual Work $ $ 37,245.00 Le /Admire. $ S 24.717.00 $1,065,423.91 TIF $ 500,000.00 DTED Grant $ 565.423.91 $1,065,423.91 • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i City Council Agenda Item No. 7h • MEMORANDUM DATE: July 20, 1998 TO: Michael J. McCauley, City Manager FROM: John Harlow, Supervisor of Streets and Parks SUBJECT: Resolution Accepting Bid and Authorizing Purchase of One Hydraulic Reel Mower Following the cancellation of the contract for the purchase of a "seven reel tractor mower," (see attached memo) the Park Department re- evaluated the latest reel mowing equipment available that would suit our turf mowing needs. After extensive research and demonstrations, the decision was made to proceed with the procurement of a hydraulic mower vs. a -round driven unit as previously proposed. This piece of equipment meets all our mowing requirements, including the critical steering problem encountered with the previous bid. L Having established the required specifications, the `hydraulic reel mower was advertised in Brooklyn Center's official publication and a call for bids published. In addition to the published notice, vendors of this type of mower were notified by phone. The bid opening was scheduled for July 14, 1998, at which time only one bid was received from Cushman Motor Company in the amount of $66.965.07. Upon evaluation of this bid, it was deemed to meet all specifications and was fairly priced with other manufactures of like equipment. Therefore, it is recommended that the bid from Cushman Motor Company in the amount of $66,965.07 be accepted. The 1998 Central Garage capital outlay budget included an appropriation of $62,000.00 for the purchase of a reel mower. The savings from other 1998 capital outlay equipment purchases could be used to cover the $4,965.07 that is over the $62,000.00 appropriation. Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE HYDRAULIC REEL MOWER WHEREAS, an appropriation of $62,000 was approved in the 1998 Central Garage capital outlay budget for the purchase of one hydraulic reel mower; and WHEREAS, sealed bids were taken on July 14, 1998; and WHEREAS, one bid was received that met specifications: Cushman Motor Company $66,965.07 WHEREAS the single bid exceeded the appropriated amount• and .. WHEREAS, monies are available in the central garage capital outlay budget for the appropriation of additional funds in the amount of $4,965.07 to cover the overage of the low bid. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. An additional appropriation of $4,965.07 from the central garage capital outlay budget toward the purchase of one (1) hydraulic mower is hereby approved. 1 The bid of Cushman Motor Company, Inc. is hereby accepted, and the purchase of one hydraulic mower is hereby approved. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member s g and upon vote being taken thereon, the followin in favor thereof: P � ., and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMO., To: Michael McCauley, City Manager From: Dave Peterson, Public Works Superintendent Subject: Resolution Canceling a Contract for Replacement of a Seven -reel Tractor Mower and Authorizing Advertisement for New Bids Date: May 21, 1998 On February 23, 1998 the City Council accepted bids and awarded a contract for the replacement of vehicle 4205, a seven reel tractor mower. At that time, two bids were received, with only one meeting our specifications. The bid from North Star Turf (NST), for a Jacobson model F -10, was accepted and a contract awarded. One of the conditions of the mower specifications was that it include an adequate power steering system. After the contract was awarded, we were informed by NST that factory installed power /power assist steering was no longer available on the mower they bid. We made the decision to try their proposed dealer installed steering system on our Jacobson F -10 mower purchased in 1997, before going ahead with the 1998 purchase. The steering system was installed by NST in April, 1998 and returned to us for a field trial. It was tried and tested and deemed inadequate by City of B.C. operators. After continued contact and negotiations with NST, the unit was again returned to the dealer for additional modifications and a re- evaluation of the escalating cost of conversion. Changes were then made to both the hardware and cost of the system. upon receiving the unit from NST a second time, and after revamping by City forces of the less than adequate installation of power steering system by NST, a field trial was again conducted. With the final modifications in place, the system performed marginally on our 1997 mower, and it was determined that the proposed steering system could not meet our specified performance criteria. All attempts for a power steering system to meet specifications have been made on the 1997 mower. We have not yet ordered the 1998 mower as it does not meet the steering specification. Therefore we recommend that in the best interest of the City of Brooklyn Center, the contract for the 1998 seven reel tractor mower be canceled, and advertisement for new bids be authorized. We will revise the specifications, and hope that new bids can stay within our price range. If the bids we receive are substantially greater than the 562,000 we have budgeted, then we will defer replacing this mower until 1999, when additional accumulated depreciation and interest earnings will increase the amount available. Member Kathleen Car - nodv introduced the following resolution and moved its adoption: • RESOLUTION N0. , 98 - 88 RESOLUTION CANCELING A CONTRACT FOR REPLACEMENT OF A SEVEN -REEL TRACTOR MOWER AND AUTHORIZING ADVERTISEMENT FOR NEW BIDS WHEREAS, the City Council on February 23, 1998 accepted a bid and awarded a contract to North Star Turf for a Jacobson model F -10 seven reel tractor mower; and WHEREAS, the specifications for said mower required that it include an adequate power steering system; and WHEREAS, the manufacturer has discontinued factory- installed power /power assist steering system as an option, and a dealer - installed system was tried and tested and deemed inadequate by City of Brooklyn Center operators; and WHEREAS, North Star Turf is thus unable to meet the specifications for this mower as required by contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • 1. _ The contract with North Star Turf for a 1998 Jacobson model, F 10 seven reel tractor mower is hereby canceled. 2. Staff is hereby authorized and directed to develop new specifications and advertise for new bids. , 26, 1998 Date - Nfayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: illy=a Kragness, Kathleen Carmod Debra Hilstrom, Kay Lasr?an, and Robert Peppe; and the following voted against the same: none whereupon said resolution was declared dulv sassed and adocted. R ansomes 1= 3500 t A" DESIGNED TO PERFORM 7 PRODUCTI`"E :3 DESIGNED FOR COMFORT Fixed or tloatin, heads witil 1 cuttin, s%vntll Deluxe. bill}" adjil:tahle hi,h- `,"ari wei,,ht transfer hulT L'r C;) 7. D -1 1 11 -h n10WIn` - s p eed G ., T lack staC ;round conl,'Ur'; L 11T 1 n1� 1 tr, ?I1s�`UCt sF tt.l lower r r' 7 sitL t ' h' \ 1" eels or , \ reels ? 1 -i „` �Lll' 'La. �1 U1 1 �.` `lt.l Ti![ �retrin wheel 6,S-or 1 bla, rtt!s, rR lsit`t1 J'.e>eI en_m : All contr ols L�IChin t,is \" re.lcn ,- roLltl.l aI1.l halanct hlrtcL 11' .iLlUlic .lri \'e Cie ctICC1I1' Or O eraG'r CrOS1,1:ut ?rat iilr scln l.lr.l Lilllt BUILT TO LAST Lar :b s 1 1' rent tires 7 � 7 i \Llazetl llCclro;raric drive sCSttnl cJLl� with nc e Ic. "1-1, rear I EASY TO OPERATE Blades and hedknives are or'the L'res ,C`rc� \ 'lilt inl:Ct: ?�c': CT;llati�I? � , �Lti_:i'._ ;a ;!;;1L a�llU�Ctllcllt x.`111 hi,'ht`i lltaltLl" anal hardness and re duced com aCZ or 4 -wheel , rig �Ulr lC chassis consrrucie l of aria[ le rte sV 1 I, lcti i.`, l`t.: :::;e adjllsLl11tt1L L heavv -duty hollow �eciion sicel l tt�� A n? Lcu Curt c0ndlClc'ns C: i ".'LI_l7 haI1 i I ?1:cI1`a l(l; Ltrs Heavy - Jiuc " 11%JrAllic PLIIII " ?G r 7 O"e 1l I c n t_ � SERVICEABLE �`�iC1�`nC.l 1f Lr, `2:C "Cr �r \ � n \L �C r 1 { niet, .'i Backlar .u' L:, - cl `CtL11iL:1CI `I1• tt': tr rest ^�`r ----- -- ----- -- ---- ---- -- ----------------- — - ---- - - - - - - - -- - - - - -- - - --'- x/"'11 "1/vriOME For T're rear ResLd[S CENTRAL GARAGE 1998 Budget July 20, 1998 Detail of Canital Outlav Council Purchase Descriotion Citv # Adopted Price Difference assessing_ : 1. Staff Car 707 S 13,800 13,653 147 Communitv Develop_ ment: 2. Staff Car 705 S 13,800 13,773 27 Engineering: 3. Truck - ' /2 ton - xcab 31 S 18,600* 17,033 1,567 Streets: 4. Front -End loader 13 S 128,500 120,494 4,606 5. Sidewalk Plow Trackless 65 S 54,900 53,082 1,818 6. Oil Distributor Truck 35 S 95,000 93,680 1,320 7. Roller 17&-20 S 29,850 --- - - - - -- 29,850 S. 1 -Ton ruck w/dump box 37 S 26,900 24,589 2,311 Parks: 9. 1 Ton 4x4 Truck,plow 202 S 3 28,929 3,771 10. H reel mower 205 S 62,000 62,000 11. Sweeper; "pull behind 221 S 1,000 13,941 1,059 Centerbrook Golf Course 12. Sand Trap Rake 260 S 5,380 6,727 1,653 13. Greens Mower 264 S 16,240 12,747 3,493 Public Utilies Fund: 14. 3i4 Ton Truck 36 S 19,300 16,546 2,754 Central Garage Fund: 15. Oil Dispensing Eqpt S 2,720 1,914 806 16. Brake Lathe S 5,660 5,601 59 17. Snorkel Exhaust System S 3,000 - - - - - -- 3,000 18. High Press Eqpt Washer S 5.700 5,047 653 19 . Engine Analvzer S 17,000 - - - - - -- 17,000 20. Fax Machine S 1.10 1,163 - 13 23 . Computer, Monitor S 2.500 - - - - -- 2.500 Grand Total: S572.700 5428.919 5143.781 r * - #31 - Trade -in allowance of 5600.00 not in effect - F garage budget 98 �� _capdt 1 j ,�; 1. City Council Agenda Item No. 7i • MEINIO RAND UII DATE: July 22, 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISAINCE 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 a --- P.90 RE171 X QT- �SF.L ------------------ PY,S2PF. QTY -AD-1D =S ------------ ? aIMBER - - - - -- DJWB, INC. 5207 XERXES AVE N 128 GLORIA POINTER 6019 BROOKLYN BLVD 129 IRM.A H_AASE 1300 57TH AVE N 130 NORM CHAZIN 1- 02 69TH AVE N 131 HI CREST SQUARE TOWNHOMES 6848 67TH LANE N 132, 133, 134 EARLE BROWN FARM APTS. 6717 69TH AVE N 135, 136 THOMAS DOANE 5359 DUPONT AVE N 137 CITY OF BROOKLYN CENTER PALMER LAKE PARK 138 NORTH SUBURBAN CO. 1505 69TH AVE N 139 CHURCH OF ST. ALPHONSUS 7025 HALIFAX AVE N 140,141,142,151,158 159,160,161,162 EARL & ELIZABETH CARLSON 6715 GRIMES 143 GISELE GRUNWALD 824 69TH AVE N 144 LANIKA WOODARD 5118 66TH AVE N 145 ORVILLE MICKELSON 2812 NASH RD 146 LATONIA JOHNSON 2807 63RD AVE N 147 DENNIS & BARBARA JOHNSON 5432 BRYANT AVE N 148,149 RALPH JOHNSON 5411 BRYANT AVE N 150 THOMAS ERLANDSON 5405 EMERSON AVE N 151 THOMAS MYLAN 6907 PALMER LAKE DR 152 DONALD & KAREN VINJE 6330 SCOTT AVE N 153 KURT DUHN 3312 621v"D AVE N 154 ROBERT & BLANCHE PETERSEN 3600 72ND AVE N 155 BRIAN EWOLDT & KAREN OSHIRO 7221 DALLAS RD 156 ROGER & MARION VEIHT 6130 EMERSON AVE N 163 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. 7j INIEM0RANDUivI • DATE: July 21, 1998 TO: Michael McCauley, City Manager y ✓� FROM: Diane Spector, Director p of Public Services SUBJECT: Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 1998 -01 and 02, Contract 1998 -D, Bellvue Neighborhood Street and Storm Drainage Improvements The purpose of this resolution is to order a public hearing on Monday, September 14, 1998, at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon all objections, if any, to the proposed special assessments for the cost of the roadway reconstruction and a 'o storm draina improvements in the Bellvue Nei rhood. F � bo An improvement hearing on this project was held on March 9, 1998. The contract was let on April 27, 1998. Work will be substantially complete by September 30, 1998. Two levies are proposed: street improvements and storm drainage improvements. Assessments • are proposed to be in accordance with the City Council's policy, that is for residential properties a flat rate of $2,060 per parcel for street improvements and $670 per parcel for storm drainage improvements. The interest rate is 6.5 percent, as previously established by the Council. Further council actions include the public hearing at the specified date and adoption of the resolution to certify the special assessment levy roll with Hennepin County. Should any property owners proposed to be assessed apply and be eligible for a deferral of some part of their assessments, Council action would be required to amend the levy rolls accordingly. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -01 AND 02, CONTRACT 1998 -D, BELLVUE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, a contract was let for Improvement Project Nos. 1998 -01 and 02, Contract 1998 -D, Bellvue Neighborhood Street and Storm Drainage Improvements; and WHEREAS, the total cost of the improvement is estimated to be $2,439,502.23; and WHEREAS, the City Clerk has prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefitted property owners for street improvements is declared to be $426,732.00. That P ortion of the cost to be assessed against benefitted property owners for storm drainage improvements is declared to be $141,518.00. 2. A hearing shall be held on the 14th day of September, 1998, in the City. Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 7/27/98 BELLVUE NEIGHBORHOOD 1998 -01 & 02 • PID # ADDN # Street Address LEVY # STREET LEVY # STORM 101- 118 -21 -31 -0057 920 55TH AVE N $2,060.00 $670.00 101- 118 -21 -31 -0061 5500 BRYANT AVE N $4,105.00 $2,134.00 101- 118 -21 -31 -0065 820 55TH AVE N $2,060.00 $670.00 1 101- 118 -21 -31 -0075 5501 COLFAX AVE N $2,060.00 $670.00 101- 118 -21 -31 -0076 5500 DUPONT AVE N $2,060.00 $670.00 101- 118 -21 -31 -0107 ! 5501 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -31 -0117 1910 55TH AVE N i $2,060.00 $670.00 101- 118 -21 -31 -0118 5576 ALDRICH DR N $165.25 $52.75 101- 118 -21 -31 -0119 5572 ALDRICH DR N $165.251 $52.75 101- 118 -21 -31 -0120 15568 ALDRICH DR N ! $165.25 j $52.75 101- 118 -21 -31 -0121 5564 ALDRICH DR N $165.25 $52.75 101- 118 -21 -31 -0122 5560 ALDRICH DR N $165.25 $52.75 101- 118 -21 -31 -0123 5556 ALDRICH DR N $165.25 $52.75 1 01- 118 -21 -31 -0124 5552 ALDRICH DR N $165.25 + $52.75 01- 118 -21 -31 -0125 5548 ALDRICH DR N $165.25 '$52.75 101- 118 -21 -31 -0126 5553 ALDRICH DR N $165.25 ! $52.75 101- 118 -21 -31 -0127 5549 ALDRICH DR N $165.25: $52.75 101- 118 -21 -31 -0128 1 5545 ALDRICH DR N $165.25. $52.75 01- 118 -21 -31 -0129 1 5541 ALDRICH DR N $165.25 $52.75 01- 118 -21 -31 -0130 5544 ALDRICH DR N $165.25 $52.75 01- 118 -21 -31 -0131 5540 ALDRICH DR N (" $165.25 $52.75 101- 118 -21 -31 -0132 5536 ALDRICH DR N i $165.25 $52.75 101- 118 -21 -31 -0133 '5532 ALDRICH DR N }} $165.25 $52.75 101- 118 -21 -31 -0134 5537 ALDRICH DR N f $165.25 $52.75 i 101- 118 -21 -31 -0135 5533 ALDRICH DR N $165.25 $52.75 1 101- 118 -21 -31 -0136 5529 ALDRICH DR N 1 $165.25 $52.75 101- 118 -21 -31 -0137. 5525 ALDRICH DR N $165.25 $52.75 • 101- 118 -21 -31 -0138 5528 ALDRICH DR N $165.25 $52.751 101- 118 -21 -31 -0139 5524 ALDRICH DR N $165.25: $52.75 101- 118 -21 -31 -0140 5520 ALDRICH DR N j $165.25 $52.75 101- 118 -21 -31 -0141 5516 ALDRICH DR N { $165.25 $52.751 101- 118 -21 -31 -0142 15512 ALDRICH DR N $165.25 $52.75 101- 118 -21 -31 -0143 15508 ALDRICH DR N $165.25 $52.75 4 ALDRICH DR N $165.25 $52.75 1 1 1 01- 118 -21 -31 -0145 1 1550G ALDRICH DR N $165.25 $52.75 1 101- 118 -21 -31 -0149 1 800 55TH AVE N $2,060.00 $670.00 1 101- 118 -21 -31 -0150 806 55TH AVE N $2,060.00 $670.00 01- 118 -21 -32 -0030 1300 55TH AVE N $2,060.00 $670.00 01- 118 -21 -32 -0031 15504 GIRARD AVE N $2,060.00 $670.00 01- 118 -21 -32 -0058 15509 GIRARD AVE N $2,060.00. $670.00 01- 118 -21 -32 -0059 (1424 55TH AVE N $2,060.00 $670.00 01- 118 -21 -32 -0085 DUPONT /55TH $2,060.00 $670.00 01- 118 -21 -32 -0095 5501 EMERSON AVE N $2,060.00 $670.00 01- 118 -21 -32 -0099 1220 55TH AVE N $2,060.00 $670.00 01- 118 -21 -32 -0124 5500 EMERSON AVE N $2,060.00 $670.00 1 101- 118 -21 -33 -0033 j 5455 FREMONT AVE N $2,060.00 $670.00 1 101- 118 -21 -33 -0053 1 5456 GIRARD AVE N $2,060.00 $6670.00 1 101- 118 -21 -33 -0054 5453 GIRARD AVE N $2,060.00 $670.00 1 101- 118 -21 -33 -0072 1425 55TH AVE N $2,708.00 $1,408.00 1 101- 118 -21 -33 -0073 5453 DUPONT AVE N $2,060.00 $670.00 1 1- - - - 10 118 21 33 0074 5451 DUPONT AVE N 2 060.00 $670.00 $ 1 101- 118 -21 -33 -0075 5447 DUPONT AVE N $2,060.00 $670.00 1 101- 118 -21 -33 -0076 5441 DUPONT AVE N $2,060.00 $670.00 101 - 118 -21 -33 -0077 5433 DUPONT AVE N $2,060.00 $670.00 1 • 101- 118 -21 -33 -0078 5427 DUPONT AVE N $2,060.00 $670.00 1 101 - 118 -21 -33 -0079 5421 DUPONT AVE N $2,060.00 $670.00 1 ' 01- 118 -21 -33 -0080 5415 DUPONT AVE N $2,060.00 $670.00 1 01- 118 -21 -33 -0081 5407 DUPONT AVE N $2,060.00 $670.00 1 101 - 118 -21 -33 -0082 5401 DUPONT AVE N $2,060.00 $670.00 1 1 CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 7127198 BELLVUE NEIGHBORHOOD 1998 -01 & 02 PID # ADDN # Street Address LEVY # STREET - LEVY # STORM 101- 118 -21 -33 -0091 5455 EMERSON AVE N $2,060.00 i $670.00 101- 118 -21 -33 -0109 '5452 FREMONT AVE N $2,060.00 $670.00 101- 118 -21 -33 -0136 5359 DUPONT AVE N $2,060.00 $670.00 101- 118 -21 -33 -0138 $2,060.00 1 $670.00 101- 118 -21 -33 -0139 5333 DUPONT AVE N $2,060.00 ! $670.00 101- 118 -21 -33 -0140 5327 DUPONT AVE N $2,060.00 ! $670.00 101- 118 -21 -33 -0141 1 5323 DUPONT AVE N $2,060.00 $670.00 101- 118 -21 -33 -0142 15319 DUPONT AVE N $2,060.00 1 $670.00 101- 118 -21 -33 -0143 15315 DUPONT AVE N i $2,060.00 $670.00 101- 118 -21 -33 -0144 5311 DUPONT AVE N $2,060.00 $670.00 101- 118 -21 -33 -0145. 5307 DUPONT AVE N $2,060.00 $670.00 101- 118 -21 -33 -0146 5301 DUPONT AVE N $3,840.00 1 $1,997.00 101- 118 -21 -33- 0158 ,5456 EMERSON AVE N $2,060.00 $670.00 101- 118 -21 -34 -0001 ;5445 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -34 -0003 5441 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -34 -0004 15435 CAMDEN AVE N f $2,060.00 i $670.00 101- 118 -21 -34 -0005 15439 CAMDEN AVE N $2,060.00 1 $670.00 101- 118 -21 -34 -0008 15421 CAMDEN AVE N $2,060.00 1 $670.00 101- 118 -21 -34 -0009 15333 CAMDEN AVE N ! $2,060.00 $670.00 101- 118 -21 -34 -0010 '5325 CAMDEN AVE N $2,060.00 1 $670.00 101- 118 -21 -34 -0011 15331 CAMDEN AVE N ( $2,060.00 { $670.00 101- 118 -21 -34 -0012 ;5321 CAMDEN AVE N { $2,060.00 $670.00 101- 118 -21 -34 -0013 5323 CAMDEN AVE N 1. ( $ 2,060.00 $670.00 101- 118 -21 -34 -0014 15319 CAMDEN AVE N 4 $2,060.00 $670.00 101- 118 -21 -34 -0015 5317 CAMDEN AVE N $2,060.00 1 $670.00 101- 118 -21 -34 -0016 5311 CAMDEN AVE N $2,060.00 i $670.00 101- 118 -21 -34 -0017 5315 CAMDEN AVE N $2,060.00 $670.00 • 101- 118 -21 -34 -0018 i5309 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -34 -0019 5307 CAMDEN AVE N $2,060.00 1 $670.00 101- 118 -21 -34 -0025 1702 53RD AVE N I $2,060.00 1 $670.00 101- 118 -21 -34 -0028 822 53RD AVE N I $2,060.00 $670.00 101- 118 -21 -34 -0033. 5304 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0034 5306 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0035 ► - 5320 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0036 C 5324 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0037 1 5326 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0038 1 ,5334 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0039 I 5328 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0040 15406 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0041 15400 BRYANT AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0042 "15418 BRYANT AVE N $2,060.00 - $670.00 1 101 - 118 -21 -34 -0043 5424 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0044 15432 BRYANT AVE N $2,060.00 ; $670.00 01- 118 -21 -34 -0045 5440 BRYANT AVE N $2,060.00 $670.00 1 01- 118 -21 -34 -0046 819 55TH AVE N $2,060.00 ! $670.00 1 01- 118 -21 -34 -0047 j 5448 BRYANT AVE N $2,060.00 $670.00 01- 118 -21 -34 -0048 ' 5453 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0049 5447 BRYANT AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0050 5448 COLFAX AVE N $2,060.00: $670.00 101- 118 -21 -34 -0051 5454 COLFAX AVE N $2,060.00 $670.00 101- 118 -21 -34 -0052 5442 COLFAX AVE N $2,060.00 $670.00 1 101 - 118 -21 -34 -0053 5436 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0054 5428 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0055 5420 COLFAX AVE N $2,060.00 $670.00 101- 118 -21 -34 -0057 5405 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0058 5408 COLFAX AVE N $2,060.00 $670.00 101 - 118 -21 -34 -0059 5412 COLFAX AVE N $2,060.00 $670.00 1 101 - 118 -21 -34 -0060 5411 BRYANT AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0061 5406 COLFAX AVE N $2,060.00 $670.00 1 2 CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 7/27/98 BELLVUE NEIGHBORHOOD 1998 -01 & 02 • PID # ADDN # Street Address LEVY # STREET LEVY # STORM 101- 118 -21 -34 -0062 5400 COLFAX AVE N $2,060.00 $670.00 101- 118 -21 -34 -0064 5348 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0066 15350 COLFAX AV E N $2,060.00 $670.00 1 101- 118 -21 -34 -0067 5340 COLFAX AVE N $2,060.00 1 $670.00 101- 118 -21 -34 -0068 15344 COLFAX AVE N $2,060.00 $670.00 101- 118 -21 -34 -0069 15325 BRYANT AVE N $2,060.00 I $670.00 01- 118 -21 -34 -0071 ! 5321 BRYANT AVE N $2,060.00 ! $670.00 01- 118 -21 -34 -0072 5309 BRYANT AVE N $2,060.00 I $670.00 1 01- 118 -21 -34 -0073 5315 BRYANT AVE N $2,060.00 1 $670.00 01- 118 -21 -34 -0074 5336 COLFAX AVE N $2,060.00 $670.00 01- 118 -21 -34 -0075 15330 COLFAX AVE N $2,060.00 $670.00 01- 118 -21 -34 -0076 15320 COLFAX AVE N $2,060.00 $670.00 01- 118- 21 -34- 0078 ;5305 BRYANT AVE N $2,060.00 1" $670.00 01- 118 -21 -34 -0079 1 5307 BRYANT AVE N $2,060.00 1 $670.00 101- 118 -21 -34 -0081 15424 IRVING AVE N $2,060.00 i $670.00 101- 118 -21 -34 -0082 1 904 53RD AVE N $2,060.00 j $670.00 101- 118 -21 -34 -0083 15300 COLFAX AVE N $2,060.00 $670.00 01- 118 -21 -34 -0084: ;922 53RD AVE N j $2,060.00 ! $670.00 01- 118 -21 -34 -0085 15300 DUPONT AVE N ! $3,572.00 $1,842.00 01- 118 -21 -34 -0086 5307 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0087 5301 COLFAX AVE N j $2,060.00 ( $670.00 101 - 118 -21 -34 -0088 i 5316 DUPONT AVE N $2,060.00 ! $670.00 101 - 118 -21 -34 -0089 ,5310 DUPONT AVE N j i $2,060.00 $670.00 101- 118 -21 -34 -0090 5321 COLFAX AVE N 1 I $2,060.00 $670.00 101- 118 -21 -34 -0091 5317 COLFAX AVE N j $2,060.00 $670.00 1 101- 118 -21 -34 -0092 5322 DUPONT AVE N j $2,060.00 $670.00 1 101- 118 -21 -34 -0093. 15327 COLFAX AVE N $2,060.00 $670.00 1 101 - 118 -21 -34 -0094 15328 DUPONT AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0095 5333 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0096 5336 DUPONT AVE N $2,060.00 $670.00 1 01- 118 -21 -34 -0098 5350 DUPONT AVE N I $2,060.00! $670.00 01- 118 -21 -34 -0099 15343 COLFAX AVE N $2,060.00 ! $670.00' 01- 118 -21 -34 -0100 15345 COLFAX AVE N $2,060.00 $670.00 01- 118 -21 -34 -0101 a5400 DUPONT AVE N $2,060.00 $670.00 01- 118 -21 -34 -0102 15404 DUPONT AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0103 5403 COLFAX AVE N $2.060.00 $670.00 I 01- 118 -21 -34 -0104 '5357 COLFAX AVE N $2,060.00 $670.00 01- 118 -21 -34 -0105 15416 DUPONT AVE N $2,060.00 $670.00 1 01- 118 -21 -34 -0106 15408 DUPONT AVE N $2,060.00 $670.00 1 01- 118 -21 -34 -0107. 15425 COLFAX AVE N $2,060.00 $670.00 01- 118 -21 -34 -0108 15417 COLFAX AVE N $2,060.00 $670.00 � 01- 118 -21 -34 -0109 5438 DUPONT AVE N $2,060.00 $670.00 1 01- 118 -21 -34 -0110 5439 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0111 5432 DUPONT AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0112 5445 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0113 1 '5449 COLFAX AVE N $2,060.00 $670.00 101- 118 -21 -34 -0114 I 5448 DUPONT AVE N $2,060.00 $670.00 101 - 118 -21 -34 -0115 15444 DUPONT AVE N $2,060.00 $670.00 101 - 118 -21 -34 -0116 5455 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0117 5459 COLFAX AVE N $2,060.00 $670.00 101- 118 -21 -34 -0118 5452 DUPONT AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0119 5431 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -34 -0120 5427 CAMDEN AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0121 5341 COLFAX AVE N $2,060.00 $670.00 • 101- 118 -21 -34 -0122 5337 COLFAX AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0124 801 55TH AVE N $2,060.00 $670.00 1 101- 118 -21 -34 -0125 5316 COLFAX AVE N $2,060.00 $670.00 f 101- 118 -21 -34 -0126 5441 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0127 5435 BRYANT AVE N $2.060.00 $670.00 1 3 CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 7/27/98 BELLVUE NEIGHBORHOOD 1998 -01 & 02 PID # ADDN # Street Address LEVY # STREET LEVY # - STORM 101- 118 -21 -34 -0128 5425 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0129 5333 BRYANT AVE N $2,060.00 $670.00 101- 118 -21 -34 -0130 5327 BRYANT AVE N $2,060.00 $670.00 01- 118 -21 -34 -0131 5403 BRYANT AVE N $2,060.00 $670.00 01- 118 -21 -34 -0132. 5401 BRYANT AVE N $2,060.00 $670.00 01- 118 -21 -42 -0044 516 55TH AVE N I $2,060.00 $670.00 01-118-21-42-0045'i i 520 55TH AVE N $2,060.00 $670.00 01- 118 -21 -42 -0048 510 55TH AVE N $2,060.00 $670.00 01- 118 -21 -43 -0047 1 5444 CAMDEN AVE N $2,060.00 ►, $670.00 101- 118 -21 -43 -0048 15448 CAMDEN AVE N 1 $2,060.00 $670.00 101- 118 -21 -43 -0049 1501 55TH AVE N $2,060.00 $670.00 101- 118 -21 -43 -0050 5436 CAMDEN AVE N $2,060.00 I $670.00 101- 118 -21 -43 -0051 5438 CAMDEN AVE N $2,060.00 ;` $670.00 1 01- 118 -21 -43 -0052 5453 4TH STN $2,060.00 $670.00 101- 118- 21 -43- 0054 5430 CAMDEN AVE N $2,060.00: ( $670.00 01- 118 -21 -43 -0055 5434 CAMDEN AVE N !. $2,060.00 M $670.00 01- 118 -21 -43 -0056 5433 4TH ST N $2,060.00 i j $670.00 01- 118 -21 -43 -0057 5427 4TH ST N $2,060.00 $670.00 101- 118 -21-43 -0058 5421 4TH ST N I $2,060.00 $670.00 101- 118 -21 -43 -0059 :5407 4TH STN $2,060.00 $670.00 101- 118 -21 -43 -0060 5401 4TH ST N f $2,060.00 $670.00 101- 118- 21 -43- 0061 15351 4TH ST N $2,060.00 ; $670.00 101- 118 -21 -43 -0062 5345 4TH ST N $2,060.00 $670.00 101- 118 -21 -43 -0063 5339 4TH ST N { $2,060.00 i $670.00 101- 118 -21 -43 -0064 5333 4TH ST N $2,060.00 $670.00 101- 118 -21 -43 -0065 5323 4TH STN $2,060.00 $670.00 • 101 1182143 0066 5329 4TH ST N $2,060.00 $670.00 101- 118 -21 -43 -0067 5311 4TH STN $2,060.00 $670.00 101-118-21-43-0068 :5315 4TH ST N $2,060.00 i $670.00 101- 118 -21 -43 -0071 5305 4TH ST N $2,060.00 1 $670.00 � 01- 118 -21 -43 -0072 .15301 4TH ST N 1 $2,060.00 ! 1 $670.00 01- 118 -21 -43 -0073 1620 53RD AVE N $2,060.00 j $670.00 101 -118 -21-43 -0076: 15318 CAMDEN AVE N $2,060.00 $670.00 101 -118 -2143 -0077 1 15306 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0078 1 15330 CAMDEN AVE N $2,060.00 $670.00 +01- 118 -21 -43 -0079 5324 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0080 5334 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0081 5340 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21-43 -0082 15350 CAMDEN AVE N $2,060.00 $670.00 101 -118 -21-43 -0083 15344 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0084 15400 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0085 5406 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0086 5428 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0087 5416 CAMDEN AVE N $2,060.00 $670.00 101- 118 -21 -43 -0090 5447 4TH ST N $2,060.00 $670.00 101- 118 -21 -43 -0091 j 5441 4TH ST N $2,060.00 $670.00 102- 118 -21-41 -0001 I 5501 HUMBOLDT AVE N $2,060.00 $670.00 102 -118 -21-41 -0028 1508 55TH AVE N $2,060.00. $670.00 1 102 - 118 -21 -41 -0029 1504 55TH AVE N $2,060.00 $670.00 102- 118 -21 -41 -0036 1600 55TH AVE N $2,060.00 $670.00 102- 118 -21 -44- 0076 5455 HUMBOLDT AVE N $2,060.00 $670.00 102- 118 -21 -44 -0080 5442 IRVING AVE N $2,060.00 $670.00 102 - 118 -21 -44 -0081 5443 IRVING AVE N $2,060.00 $670.00 • 1 TOTAL $426,732.00 $141,518.001 4 City Council Agenda Item No. 7k • MEMORANDUM ® DATE: July 21, 1998 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services SUBJECT: Resolution Declaring Cost to Be Assessed, and Calling for a Public Hearing, Improvement Project Nos. 1998 -04 and 05, Contract 1998 -E, St. Al's Neighborhood Street and Storm Drainage Improvements The purpose of this resolution is to order a public hearing on Monday, September 14, 1998, at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon all objections, if any, to the proposed special assessments for the cost of the roadway reconstruction and storm drainage improvements in the St. Al's Neighborhood. An improvement hearing on this project was held on March 9, 1998. The contract was let on April 27, 1998. Work has now been substantially completed. Two levies are proposed: street improvements and storm drainage improvements. Assessments are proposed to be in accordance with the City Council's policy, that is for residential properties a flat rate of $2,060 per parcel for street improvements and $670 per parcel for storm drainage improvements. The interest rate is 6.5 percent, as previously established by the Council. Further council actions include the public hearing at the specified date and adoption of the resolution to certify the special assessment levy roll with Hennepin County. Should any property owners proposed to be assessed apply and be eligible for a deferral of some part of their assessments, Council action would be required to amend the levy rolls accordingly. Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1998 -04 AND 05, CONTRACT 1998 -E, ST. AL'S NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, a contract was let for Improvement Project Nos. 1998 -04 and 05, Contract 1998 -E, St. Al's Neighborhood Street and Storm Drainage Improvements; and WHEREAS, the total cost of the improvement is estimated to be $521,511.42; and WHEREAS, the City Clerk has prepared a proposed assessment roll showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center, Minnesota that: 1. That portion of the cost to be assessed against benefitted property owners for street improvements is declared to be $186,390.00. That portion of the cost to be assessed against benefitted property owners for storm drainage improvements is declared to be $64,614.00. 2. A hearing shall be held on the 14th day of September, 1998, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 7/27/98 ST. AL'S NEIGHBORHOOD 1998 -04 & 05 PID # ADDN # Street Address LEVY # STREET LEVY # STORM 27- 119 -21 -33 -0051 6944 JUNE AVE N $2,060.00 $670.00 127- 119 -21 -33 -0052 6945 JUNE AVE N $2,060.00 $670.00 I 27- 119 -21 -33 -0064 6956 BROOKLYN BLVD $3,656.00 $1,901.00 27- 119 -21 -33 -0065 4315 70TH AVE N $4,709.00 $2,448.00 127- 119 -21 -33 -0066 4307 70TH AVE N $3,750.00 $1,950.00 f 127- 119 -21 -33 -0067 7000 BROOKLYN BLVD' $6,380.00 ; $3,317.00 127- 119 -21 -33 -0069 7025 HALIFAX AVE N $40,175.00 ; $13,458.00 127- 119 -21 -34 -0001 6945 INDIANA AVE N $2,060.00 $670.00 127- 119 -21 -34 -0002 6937 INDIANA AVE N $2,060.00 $670.00 127- 119 -21 -34 -0003 6929 INDIANA AVE N' $2,060.00 $670.00 127 - 119 -21 -34 -0004 6921 INDIANA AVE N' ( $2,060.00 $070.00 127 - 119 -21 -34 -0005 6915 INDIANA AVE N, $2,060.00 { $670.00 I 127- 119 -21 -34 -0009 4101 70TH AVE N $2,060.00 ! $670.00 I 127- 119 -21 -34 -0010 6931 HALIFAX AVE N' $2,060.00 $670.00 127- 119 -21 -34 -0011 6925 HALIFAX AVE N $2,060.00 $670.00 127- 119 -21 -34 -0012 6919 HALIFAX AVE N $2,060.00 f $670.00 I 27- 119 -21 -34 -0013 6913 HALIFAX AVE N' i $2,060.00 ! $670.00 27- 119 -21 -34 -0014 6907 HALIFAX AVE N f $2,060.00 $670.00 127- 119 -21 -34 -0017 6906 INDIANA AVE N 1 $2,060.00 1 $670.00 127-119-21-34-0019 27- 119 -21 -34 -0018 6912 INDIANA AVE N' ! $2,060.00 $670.00 6918 INDIANA AVE N, $2,060.00 I - $670.00 i ` 27- 119 -21 -34 -0020 6924 INDIANA AVE N $2,060.00 $670.00 27- 119 -21 -34 -0021 6930 INDIANA AVE N{ $2,060.00 $670.00 27- 119 -21 -34 -0022 4109 70TH AVE N; i $2,060.00 $670.00 27- 119 -21 -34 -0023 4001 71ST AVE Nj ( $2,060.00 ! $670.00 I 27- 119 -21 -34 -0024 7037 GRIMES AVE N'. { $2,060.00 $670.00 127- 119 -21 -34 -0025 7031 GRIMES AVE N $2,060.00 $670.00 1 27- 119 -21 -34 -0026 7025 GRIMES AVE N $2,060.00 $670.00 27- 119 -21 -34 -0027 7019 GRIMES AVE N! $2,060.00 ' $670.00 27-119-21-34-0028 7013 GRIMES AVE N' $2,060.00 $670.00 127- 119 -21 -34 -0029 { 7007 GRIMES AVE N $2,060.00 ' $670.00 127- 119 -21 -34 -0030 i 7001 GRIMES AVE N' $2,060.00 $670.00 I I 27- 119 -21 -34 -0031 I 6937 GRIMES AVE N' $2,060.00 $670.00 I 27- 119 -21 -34 -0032 1 6931 GRIMES AVE N' $2,060.00 $670.00 I 127 - 119 -21 -34 -0033 6925 GRIMES AVE N $2,060.00 $670.00 I 127- 119 -21 -34 -0034 6919 GRIMES AVE N $2,060.00 $670.00 f 127 - 119 -21 -34 -0035 6913 GRIMES AVE N $2,060.00 $670.00 1 127 - 119 -21 -34 -0036 j j 6912 HALIFAX AVE N $2,060.00 $670.00 7 127- 119 -21 -34 -0037 j 6918 HALIFAX AVE N $2,060.00 $670.00 I 127 - 119 -21 -34 -0038 6924 HALIFAX AVE N $2,060.00 $670.00 I 1 27- 119 -21 -34 -0039 1 6930 HALIFAX AVE N $2,060.00 $670.00 1 27- 119 -21 -34 -0040 6936 HALIFAX AVE N $2,060.00 $670.00 1 127 - 119 -21 -34 -0041 7000 HALIFAX AVE N $2,060.00 $670.00 127 - 119 -21 -34 -0042 7006 HALIFAX AVE N $2,060.00 $670.00 I 127 - 119 -21 -34 -0043 7012 HALIFAX AVE N $2,060.00 $670.00 127 - 119 -24 -34 -0044 ; 7018 HALIFAX AVE N $2,060.00 $670.00 127 - 119 -21 -34 -0045 ! 7024 HALIFAX AVE N $2,060.00 $670.00 127 - 119 -21 -34 -0046 7030 HALIFAX AVE N $2,060.00 $670.00 127- 119 -21 -34 -0047 7036 HALIFAX AVE N' $2,060.00 $670.00 127- 119 -21 -34 -0048 7042 HALIFAX AVE N $2,060.00 $670.00 127 - 119 -21 -34 -0067 6906 GRIMES AVE N $2,060.00 $670.00 127- 119 -21 -34 -0068 6912 GRIMES AVE N $2,060.00 $670.00 127- 119 -21 -34 -0069 6918 GRIMES AVE N $2,060.00 $670.00 . 127- 119 -21 -34 -0070 6924 GRIMES AVE N $2,060.00 $670.00 1 1 27- 119 -21 -34 -0071 6930 GRIMES AVE N 52,060.00 $670.00 i 27- 119 -21 -34 -0072 6936 GRIMES AVE N $2,060.00 $670.00 1 127- 119 -21 -34 -0073 6942 GRIMES AVE N 52,060.00 $670.00 127 - 119 -21 -34 -0074 7000 GRIMES AVE N $2,060.00 $670.00 127- 119 -21 -34 -0075 7006 GRIMES AVE N $2,060.00 5670.00 1 CITY OF BROOKLYN CENTER PENDING ASSESSMENT ROLL 7127198 ST. AL'S NEIGHBORHOOD 1998 -04 & 05 • PID # ADDN # Street Address LEVY # STREET LEVY # STORM 27- 119 -21 -34 -0076 7012 GRIMES AVE N $2,060.00 $670.00 127- 119 -21 -34 -0077 7018 GRIMES AVE N $2,060.00 $670.00 � 27- 119 -21 -34 -0078 7024 GRIMES AVE N $2,060.00 $670.00 27- 119 -21 -34 -0079 7030 GRIMES AVE N $2,060.00 $670.00 127- 119 -21 -34 -0080 7036 GRIMES AVE N $2,060.00 $670.00 127- 119 -21 -34 -0081 3909 71ST AVE N $2,060.00 $670.00 127- 119 -21 -34 -0082 6907 GRIMES AVE N' $2,060.00 $670.00 127- 119- 21 -34- 0083 6906 HALIFAX AVE N $2,060.00 I ' $670.00 TOTAI I $186.390.00 j $64,614.00 • 2 City Council Agenda Item No. 71 MEMORANDUM DATE: July 2_, 1998 TO: Michael J. McCauley, City Manager FROM: Diane Spector, Director of Public Works '" SUBJECT: Resolution Providing for Hearing on Proposed Special Assessments for Diseased Tree Removal Costs, Delinquent Weed Removal Costs, Public Utility Hookup Charges, and Delinquent Public Utility Service Accounts The purpose of this resolution is to order a public hearing on Monday, September 14, 1998, at 7 p.m. or as soon thereafter as the matter may be heard, to hear and pass upon all objections, if any, to the proposed special assessments for tree removal costs, delinquent weed removal accounts, public utility hookup charges, and delinquent public utility service accounts. All trees have been declared a public nuisance in the past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with established policy. Delinquent weed destruction account property owners have received notice of delinquent • accounts in accordance with the established collection policy and have not made payment. The public utility hookup property owner has signed an agreement requesting the charges be assessed. y Property owners with delinquent public utilities service accounts have received notice of delinquent account in accordance with the established collection policy and have not made payment. Proposed levy rolls are attached for the Council's information, except for the Delinquent Public Utility Service Accounts. That proposed levy roll has over 500 entries and is quite lengthy. It will be available for inspection Monday night. Future council actions include the public hearing at the specified date and adoption of the resolution to certify the special assessment levy rolls with Hennepin County. The interest rate is 6.5 percent, as previously established by the Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL COSTS, DELINQUENT NEED REMOVAL COSTS, PUBLIC UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. A hearing shall be held on the 14th day of September, 1998 in City Hall at 7 p.m. or as soon thereafter as the matter may be heard, to pass upon the proposed assessments for the following charges: Diseased Tree Removal Costs Delinquent Weed Removal Costs Public Utility Hookup Charges Delinquent Public Utility Service Accounts 2. The City Clerk with the assistance of the Director of Public Services shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BR.YN CENTER SPECIAL ASSESOWNIT PENDING ROLL 7/27/98 TREE REMOVAL 98 -3 MUNICIPAL CODE NO. 22 Levy runs three (3) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 03- 118 -21 -12 -0085 90090 $238.00 6042 Ewing Ave N Bruce & Cynthia Monkkonen 26- 119 -21 -42 -0099 89437 $188.00 7243 Oliver Ave N Yolanda Adams 33- 119 -21 -12 -0080 89628 $285.50 6700 Scott Ave N Thomas & Phyllis Pomeroy 34- 119 -21 -44 -0078 89392 $245.50 3119 62nd Ave N Rick & Renee Peterson 35- 119 -21 -32 -0104 89390 $245.50 2812 63rd Ave N Harlan & Lilamae Tronvold $1,202.50 I I • CITY OF BROOKLYN OER PENDING ASSESSMEN i ROLL 7/27/98 TREE REMOVAL 98 -5 MUNICIPAL CODE NO. 22 Levy runs five (5) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 01- 118 -21 -33 -0034 89365 $493.50 5427 Fremont Ave N James & Eileen Mack 02- 118 -21 -41 -0057 89580 $849.50 5619 James Ave N Florence Johnstone 02- 118 -21 -41 -0070 89580 $609.88 5643 Knox Ave N Delphine Heath 02- 118 -21 -42 -0002 89103 $1,009.25 5601 Logan Ave N Gregory Johnson $2,962.13 I I I II CITY OF BROOKLYN *ER SPECIAL ASSESSMENT PENDING ROLL 7/27/98 WEED DESTRUCTION 98 MUNICIPAL CODE NO. 22 Levy runs one (1) year PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 01- 118 -21 -34 -0046 89225 $80.00 821 55th Ave N Turning Point 1500 Golden Valley Rd Minneapolis, MN 55411 01- 118 -21 -34 -0081 89225 $80.00 900 53rd Ave N M.J. & C.D. Bailey 02- 118 -21 -41 -0057 89580 $100.00 5619 James Ave N Florence Johnston 02- 118 -21 -43 -0060 89475 $100.00 5331 Morgan Ave N Jack Boniface /Mary Leighton 03- 118 -21 -42 -0023 89695 $110.00 6501 Brooklyn Blvd Chris & Anne Colbjornsen 10- 118 -21 -32 -0058 89495 $80.00 Lot 7 Block 6 Lakebreeze Addn. Cecelia Bruce 17800 Yakima St. NW Ramsey, MN 55303 25- 119 -21 -31 -0058 89636 $130.00 7218 Dupont Ave N Kelvin Harrington 26- 119 -21 -41 -0048 89645 $100.00 1506 Amy Lane Ricky & Debra Riemann 33- 119 -21 -11 -0034 89570 $120.00 6812 Perry Ave N Carlos Mauica 34- 119 -21 -11 -0024 89281 $200.00 6801 York Place Modern Building & Remodeling Chisago State Bank Chisago City, MN 55013 34- 119 -21 -13 -0009 89100 $210.00 6520 Brooklyn Blvd Phyllis Owens 35- 119 -21 -11 -0038 03257 $100.00 Lot 2, Block 1 Tanami Addition Hennepin County forfeited Land 35- 119 -21 -22 -0010 00584 $160.00 Registered Land Survey No. 1499 Hennepin County Forfeited Land 36- 119 -21 -12 -0038 89105 $180.00 Lot 30, Auditor's Subdivision No. 31 David Evanson 2208 73rd Avenue North Brooklyn Park, MN 55430 36- 119 -21 -13 -0033 89720 $170.00 Registered land Survey No. 0678 Norwest Bank Spring Lake Park 8455 Plaza Blvd NE Spring Lake Park, MN 55432 36- 119 -21 -13 -0110 04268 $290.00 Lot 2, Block 1 Superamerica Miles Fiterman 3564 Fairway Court Minnetonka, MN 55305 $2,210.00 CITY OF BROOKLY1`10TER PENDING ASSESSMENT ROLL 7/27/98 UTILITY HOOUP 9B MUNICIPAL CODE NO. 22 Levy runs ten (10) years PROPERTY ASSESSED OWNER LEVY PROPERTY ADDN. Address Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address 03- 118 -21 -31 -0001 89102 $10,994.54 5621 Indiana Avenue North ROSEMARY CROSBY WILEY 5621 INDIANA AVE N BROOKLYN CENTER, MN 55429 $10,994.54 City Council Agenda Item No. 7m F O �pOKLYH CE'V BROOKL CEN f y POLICE DEPARTMENT POLICE MEMORANDUM TO: City Nlanager Michael McCaule FROM: Chief Joel Downer DATE: July 22, 1998 SUBJECT: Community Oriented Policing Grant The Minnesota Department of Public Safety is offering a Community Oriented Policing (COPS) rant in order to enable local law enforcement agencies to pay costs of assigning overtime officers to patrol high crime areas within their jurisdiction. • I ro ose that the City of Brooklyn Center apply for the COPS grant in order to fund extra patrol p P in the most problematic apartment complexes in the city. Targeted apartment complexes are Summerchase, Brookside Manor, and HiCrest. These three complexes account for 25°'o to 30% of all police calls to apartment complexes (1996 - 24%. 1997- 30 1 /'o. and January-June of 1998- 27°'x). The highest number of calls is for disturbing the peace and nuisance complaints. The police department plans to utilize grant funding to conduct citizens meetings with tenants in the three complexes. The purpose of the meetings is to outline problems in the complex and to discuss proposed solutions including crime prevention and crime free multi - housing initiatives. The second phase involves uniformed officers working foot patrol in the complexes. A cooperative effort involving foot patrol, crime prevention, and coordination With ongoing efforts of community development will be implemented to reduce crime and nuisance complaints by 200 in the targeted apartment complexes. We will be requesting 58,000 to fund 200 hours of overtime. The application deadline is august 10. 1998. JD:kh • cc: Brad Hoffman Director of Community Development MINNESOTA DEPARTMENT OF PUBLIC SAFETY: Office of the Commissioner =' 445 Minnesota Street St., Suite 1000, North Central Life Tower, St. Paul, Minnesota 55101 -5000 Phone: 612/296 -6642 FAX: 612.297.5723 TTY: 612/232 -6555 Internet: http://Www.dps.state.mn.us p: /iwww.dps.state.mn.us C,`FM „NUS' i I MEMO Alcohol & Gambling Enforcement To: TO ALL APPLICANTS Bureau of Criminal Apprehension From: Pamela Docken, Grants Administrator Capitol Security Driver &Vehicle Date: July 2, 1998 I Services Emergency J Subject: COMMUNITY-ORIENTED POLICING (COPS) GRANT Management / { PROGRAM: OVERTINIE i Emergency Response I Commission State Fire Enclosed is the application for the Community- Oriented Policing (COPS) Grant Marshal ! Program. Instructions for completing the application are on each pane of the •veline Safety application packet. State Patrol The purpose of this grant is to enable local law enforcement agencies to pay costs of Traffic Safety j i assigning overtime officers to high -crime areas within their jurisdiction. It is important that you completely describe the area that you will be serving to insure proper consideration of your request. i If a grant is awarded, you wiII be required to provide a 'RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT'. This resolution to accept these grant funds must be passed by your governing body. The person signing this resolution, and any resulting grant agreement, must be authorized by the governing body to accept and expend these funds. This resolution will not be required unless your agency has been awarded a grant. The resolution DOES NOT NEED TO BE RETURNED WITH THE APPLICA77ON. Please include all requested information by the August 10, 1998 deadline to insure consideration of your application. If you have any questions, please feel free to contact me at 612 -297 -1697. Enclosures E:,cal Opcortunity Empioyer FOR PtiBLICATION Lei THE STA TE REGISTER Request for Proposal Department of Public Safet y Notice of Availability of Funds for Public Safety Initiatives The Minnesota Department of Public Safety announces the availability of State Omnibus Crime Prevention Act of 1997 (Chapter 239) funds to pay for police overtime. A total of $1,102,000.00 is available. The estimated size for awards v ary with the individual programs. This is a one time appropriation. Local law enforcement agencies may apply. The deadline for grant submission is August 10, 1998, 4. ')0 P.M. To receive a request for proposal application contact: Minnesota Department of Public Safety, Attention: Pam Docken, 445 Minnesota Street, Suite 1000, North Central Life Tower, St. Paul, MN 55101 -2128, Telephone: (612) 297 -1697, TDD: (612) 282 -6555. 1 �I MINNESOTA DEPARTMENT OF PUBLIC SAFETY FY99 COMMUNITY - ORIENTED POLICING (COPS) i OVERTIME GRANTS PROGRAM This form is to be used as the cover sheet for your grant application. CONTRACTING AGENCY: Use your legal name and Project Director Name full address. This is the fiscal agent with whom the grant agreement will be executed. Telephone Number { ) Fax Number ( } CONTACT MAILING ADDRESS: (If different than Contact Name: above) Telephone Number ( ) Fax Number ( ) PROJECT SERVICE AREA (Counties/Cities) Project Start Date: Project End Date: rant agreements will not be processed without these ININ Tax ID r Federal Employee ID # .umbers: TOTAL GRANT FUNDS REQUESTED 00 Project Summary - SO words or less in the space below: i Page 1 FY99 COMMUNI T Y- ORIENTED POL!C!NG (COPS) OVERTIME GRANTS PROGRAM 2 PROJECT L iFORNLATION SHEET I 1. Application Agency (nith which contract is to be executed) Legal Name I Street - City -Zip I Phone i 'f I 2.Authorized Official Legal Name g Street City- Zip Phone 3.0perating Agency (if different from # 1) Legal NameI Street - City - Zip Phone.: I ® 4.Contact Person for further information on application Legal Name " g :. Street City -Zip Phone - 5. I certify that the information contained herein is true and accisrate'to the best of my knowledge and that I submit this application on behalf of the applicant agency. Signature of Authorized Official: Title: Date: Pace 2 FY99 COMMUNITY - ORIENTED POLICING (COPS) OVERTIME GRANTS PROGRAM ECT OVERVIEW (narrative) `i) Describe the project you hope to implement (specifically state the problem you will address). (2) Describe the services you intend to provide and the population you will serve (identify the specific geographic location and why you chose the site). (3) Describe how the need for this project was identified and how this program will address that need (include facts on crime demographics for the target area). (4) Describe the planning process you propose to implement (Provide specific information about the individuals and organizations that actively helped in the planning process). (5) If other organizations will help provide services, describe their role. You may use up to ten (10) attachment pages to support this narrative. Page 3 FYG9 COMMUNITY - ORIENTED POLICING (COPS) OVERTIME GRANTS PROGRAM 4 ....PROJECT EVALUATION (narrative) What are your desired goals /outcomes? Describe how you will measure the impact of your services on your target population as it relates to outcomes. (Use specific examples, including statistics from the geographic location, surveys from the community etc.) Be realistic about what you can measure. You may use up to ten (10) attachment pages to support this narrative. • Page 4 FYI COMMUNITY- ORIENTED POLICING (COPS) OVERTIME GRANTS PROGRAM 5 BUDGET REQUEST OVERTIME APPLICANT AGENCY: Average SaIary Used to Compute Grant Request Number of Officers Amount of Overtime per Week Number of Weeks • TOTAL BUDGET REQUEST $ .00 i STATE AGENCY USE ONLY f GCN DATE i Pa s FYS9 CCMMUNITY- ORIENTED POLICING (COPS) OVERTIME GRANTS PROGRAM � City Council Agenda Item No. 7n Member introduced the following resolution and moved . its adoption: RESOLUTION NO. RESOLUTION IN RECOGNITION OF PATRICIA WILDER'S SERVICE AS EXECUTIVE DIRECTOR FOR THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL WHEREAS, Patricia Wilder has served as Executive Director for Northwest Hennepin Human Services Council since September 7, 1987; and WHEREAS, the City of Brooklyn Center has participated in the Joint and Cooperative Agreement with Northwest Hennepin Human Services Council since December 20, 1976, working with Ms. Wilder since 1987; and WHEREAS, during that time several new services were created that served Brooklyn Center residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that we hereby recognize and extend appreciation to Patricia Wilder for her services as Executive Director and extend to her our best wishes for her future endeavors. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I City Council Agenda Item No. 8a • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director DATE: July 23, 1998 -" SUBJECT: Shingle Creek Towers Public Hearing The Council passed a resolution calling for a public hearing and giving preliminary approval to the request of BOCA Limited Partnership for 57,200,000 in housing revenue bonds and $75,000 in Section 42 Tar Credits. The resolution before the Council Monday evening reflects the conditions set by the Council at the June 23, 1998 Council meeting held at Shingle Creek Towers. The conditions of approval include: L Tenant paid portion of the rent will not increase for 1 year from the date of acquisition (closing). • 2. The borrower will pay all tenant costs associated with moving caused by construction. 3. Annual rents will not increase more than 3% or CPI which ever is lower. 4. Current residents will be able to continue as residents as long as they desire provided they meet their obligations as tenants. 5. Cable hook -ups to be provided at no cost to tenants. This resolution is still just a preliminary approval. Once there is a commitment of a bond allocation and bond documents are prepared it will come back for final approval. It is my understanding that there will not be funds available until January of 1999. Therefore, a final resolution will probably be around February, 1999. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A HOUSING PROGRAM PROVIDING FOR THE ISSUANCE AND SALE OF MULTIFAMILY REVENUE BONDS IN THE APPROXIMATE AMOUNT OF $7,200,000 RELATING TO SHINGLE CREEK TOWER PROJECT WHEREAS, the City of Brooklyn Center, Minnesota (hereinafter referred to as the "Issuer "), is a body corporate and politic organized and existing under the laws and the Constitution of the State of Minnesota (the "State "), is authorized and empowered by Minnesota Statutes, Chapter 462C, as amended (hereinafter referred to as the "Act "), to issue its obligations and use the proceeds from the sale of said obligations to finance the acquisition and rehabilitation of multifamily housing developments, and to secure such obligations by the pledge of all or any part of the revenues of the project financed: and WHEREAS, the Issuer has been requested by Boisclair Corporation, the general partner of Boca Limited Partnership, a Minnesota limited partnership (the `Borrower ") to issue its obligations to finance the acquisition and rehabilitation of an existing 122 -unit residential rental facility for senior citizens located at 6221 Shingle Creek Parkway in Brooklyn Center and known as • Shingle Creek Tower (the "Project ") by the Borrower; and WHEREAS, the Issuer has by Resolution No. 98 -112 adopted on June 23, 1998 given its preliminary approval to the issuance of revenue bonds in an amount up to approximately $7,200,000 for the purpose of financing the Project; and WHEREAS, there has been proposed a program (the "Program ") for the issuance of bonds to make a loan to finance the acquisition and rehabilitation of the Project; and WHEREAS, the Issuer on the date hereof has conducted a public hearing on the Program, following publication of notice as required by the Act; and WHEREAS, the Program was submitted to the Metropolitan Council on or prior to the date of publication of notice of the public hearing on such Program, and the Metropolitan Council has been afforded an opportunity to present comments at the public hearing, all as required by the Act; and WHEREAS, the Issuer desires to encourage the preservation of affordable housing opportunities for residents of the Issuer, encourage the preservation of housing facilities designed for occupancy by persons of low or moderate income, including senior citizens, within the boundaries of the Issuer, and the maintenance of affordable units in the Project would assist the Issuer in achieving these objectives; and RESOLUTION NO. • WHEREAS the Program og am will result in the provision of decent, safe and sanitary rental housing opportunities to persons within the community; and WHEREAS, this City Council has been advised that conventional commercial financing to pay the capital costs of the Program is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but the City Council has been further advised that with the aid of municipal financing and resulting low borrowing costs, the Project is economically more feasible; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota: 1. The issuance of multifamily housing revenue bonds pursuant to the Act in the approximate amount presently estimated not to exceed $7,200,000 to finance the costs of the Program is hereby preliminary approved by the City Council subject to final agreement between the Issuer, the Borrower, and the purchaser of the bonds as to the detailed terms and conditions on which the bonds will be issued. 2. The Program is hereby adopted, with the following specific conditions: • a. Tenant paid portion of the monthly rent will not be increased by the Borrower for one year from the date of acquisition. b. If a resident has to move while building is under construction, the Borrower will bear the expense. c. Annual rent for existing tenant will not be increased by more than 3% or the Consumer Price Index, whichever is lower. d. Current residents will be able to stay as tenants after purchase of the Project by the Borrower as long as they desire and meet their obligations as tenants. e. Cable hook -ups will be provided at no cost to the residents, provided actual monthly service will be at the tenant's expense. 3. The Issuer shall have the right in its sole discretion to withdraw from participation and, accordingly, not to issue the bonds for the Project should the Issuer, at any time prior to the issuance thereof, determine that it is in the interest of the Issuer not to issue the bonds or should the parties to this transaction be unable to reach agreement as to the terms and conditions of any of the documents required for this transaction. The decision of the Issuer with respect to the aforementioned . matters shall be uncontestable. RESOLUTION NO. 4. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Program other than as specified and authorized by separate actions of the City Council and other than the revenues derived from the Project. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. 9a MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specialiaa Subject: Citv Council Consideration Item - Planning Commission Application No. 98015 Date: July 22, 1998 On the July 27, 1998 City Council Agenda is Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, LTD requesting Rezoning and Site and Building Plan approval through the Planned Unit Development (PUD) process to construct a 20 screen theater at the northwest quadrant of I -694 and T.H. 252. Attached for your review are copies of the Planning Commission Information Sheets for Planning Commission Application No. 98015 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter, • Planning Commission Resolution No. 98 -3 and other supporting documents. This matter was considered by the Planning Commission at their June 25, 1998 and July 16, 1998 meetings and was recommended for approval by the Commission through the adoption of Planning Commission Resolution No. 98 -3. c It is recommended that the City Council, following consideration of this matter, approve the application. A draft resolution has been prepared for City Council consideration and an ordinance amendment redescribing the property rezoned to PUD /C -2 is offered for first reading. i Application Filed On 5 -28 -98 City Council Action Should Be Taken By 7 -27 -98 (60 Days) Planning Commission Information Sheet Application No. 98015 Applicant: Centres Group Brooklyn Center, LTD Location: Property Located South of 66th Avenue North, East of Camden Avenue North and North and West of Interstate 694 and T. H. 252 (Except For the Super America Property.) Request: Rezoning/Site and Building Plan - PUD /C -2) The applicant is requesting rezoning and site and building plan approval through the Planned Unit Development (PUD) process for the development of an 85,240 sq. ft., 4,592 seat, 20 screen theater on a 570,313 sq. ft. (13.09 acres) site located northwesterly of Interstate 694 and T. H. 252. The proposal also comprehends the creation of two other sites, one 71,693 sq. ft. (1.65 acres) and the other 8 8, 186 sq. ft. (2.02 acres) for future commercial development, most likely restaurant uses. The property in question is currently zoned C -2 (Commerce) and is 730,192 sq. ft. in area (16.76 acres). It is bounded on the north by 66th Avenue and the Super America site; on the east by T. H. 252; on the south by Interstate 694; and on the west by Camden Avenue. The applicant has acquired or has obtained options on all of the properties in question and is seeking to acquire a parcel owned by the City, w=hich is located at the southwest corner of 65th Avenue and North Lilac Drive. He is also seeking to acquire and has requested the vacation of 65th Avenue North from Camden to North Lilac Drive as well as portions ofNorth Lilac Drive controlled by the City between Camden Avenue and 65th Avenue. They have also made inquiries of M`NDOT reaarding the ability to acquire surplus highway right -of -way for inclusion in their project. At w this point, no MIv'DOT controlled property is being comprehended in either the site plan or the preliminary plat for the property in question. If the applicant is able to obtain surplus highway right -of -way, they will need to replat the property- to incorporate it into their plan. In the meantime, the southerly and easterly property lines are somewhat irregular and jagged reflecting the location of M\7DOT controlled right -of -way. The reason for the requested PUD zoning is the extent of the applicant's proposal and also their request to seek parking for the theater on the basis of one parking space for every four seats as opposed to the one parking space for every three seats as required in the city's zoning ordinance. The requested rezoning is to PUD /C -2 (Planned Unit Development/Commerce). Motion picture theaters are special uses in the C -2 zoning district, provided they do not abut R -1, R -2 or R -3 zoned districts including abutment at a street line. The way the theater and adjacent lots are proposed, there will be no prohibited abutment between the theater site and the adjacent residential property. The theater is, therefore. an allowable use under the underlying C -2 zone. 7 -16 -98 Page 1 Because of the need for a different parking formula, the applicant is proposing to pursue this ® request through the Planned Unit Development process and seeking rezoning based on a site and development plan to a PUD /C -2 zoning designation. Such a zoning designation could allow the proposed parking ratio through a finding and a develo agreement. As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing the district (in this case, C -2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flelxibility in addressing redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. In this case, the applicant would be seeking modification to allow on site parking on a less restricted basis than currently required in the zoning ordinance. Attached for the Planning Commission's review is a copy of Section 35 -355 of the city's zoning ordinance, which addresses Planned Unit Developments. This application was originally considered by the Planning Commission at its meeting on June 25, 1998, at which time the applicant's request, his written proposal relating to the city's rezoning evaluation policy and review guidelines, and his plans were all considered. The Commission opened the public hearing and took comments from persons in attendance at that meeting. After r eviewing the matter fur, 4her, the Commission took action to continue the public hearing, table further consideration of the ma-ter and referred it to the Northeast Neighborhood i Advisory Group for review and comment. The Northeast Neighborhood Advisory Group met to consider this matter at the Brooklyn Center City Hall on July 7, 1998. Attached for the Commission's review is a copy of the Neighborhood Advisory Group minutes from that meeting. After review, discussion and input from persons in attendance, the advisory group recommended approval of the proposal to the Planning Commission on a vote of 2 in favor, 0 oppossed, and 3 abstentions. Attached for the Commission's review is a copy of the information sheet for Planning Commission Application No. 98015, which was presented on June 25, 1998, and the Planning Commission minutes from that meeting relating to this application. The applicant has submitted a revised plan based on the creation of a large lot for the 20 screen multi -plex theater and two, rather than three, sites for future commercial development, most likely restaurant uses. Also, as indicated previously, the site no longer comprehends surplus 'DOT right -of way. Changes to the site plan reflect the new configuration. The 7 -16 -98 Page 2 Commission's attention is directed to the informatin sheet for application No. 98016 (Preliminary Plat) for more detailed information regarding the land areas in question. The Commission's attention is again directed to the Planning Commission Information Sheet presented to the Commission on June 25, 1998, relating to the applicant's written comments and statements regarding their proposal and how they believe their proposal addresses the rezoning evaluation policy and review guidelines. The report also provides comments relating to each specific rezoning evaluation policy and review guideline. We will not repeat the point by point review of the guidelines as we believe the matter is well addressed in the previous report. SITE AND BUILD N BUILDING PLAN PROPOSAL The applicant's proposal calls for the eventual demolition of the Lynbrook Bowl, Schwalenberg Interiors, the Lynbrook Autobody Shop, the Beacon Bowl, and three single family homes located at the northeast corner of 65th and Camden Avenue North. Nine parcels will be consolidated along with the requested right -of -way that the applicant is seeking to be vacated, which has been previously mentioned and the city owned property at the southwest corner of 65th and North Lilac Drive. It should be noted that the City Council has not yet committed to the conveyence of either the city property or the right -of -way vacations being requested by the applicant. These matters are subject to final negotiations and approval along with necessary ordinance vacations, which will have to be approved ultimately by the City Council. The assumption being made in this plan review is that this will be successfully resolved, however, it is still subject to City Council approval. The applicant has submitted a revised site plan, revised landscape plan, a grading drainage and utility plan, a lighting plan, building elevations and a floor plan ACCESS /PARKING Access to the site is unchanged from the plan previously presented. Access will be gained via two access points off of Camden Avenue North, one to the north of the building and the other to the south end of the building where a cul -de -sac will be provided terminating the Camden Avenue right -of -way northerly of its present connection with North Lilac Drive. The applicant has indicated that they have reached agreement with the owners of the Melrose Gates apartment complex to allow access over the applicant's property from the proposed cul -de -sac back to the southerly most access point to the Melrose Gates complex. The size of the driveway access will accommodate fire vehicles and will accommodate vehicle traffic if needed from the Melrose Gate access to the cul -de -sac on Camden Avenue. The plan calls for 1,148 parking stalls. The parking is based on a projected one parking space for every four seats. The 1,148 parking stalls would allow for 4,592 seats in the theater complex which is also indicated on the plan. 7 -16 -98 • Page 3 The applicant has submitted a parking analysis entitled `Multi- Theater Parking Brooklyn Center, ` Minnesota' submitted by Parsons Brinkerhoff, dated May 28, 1998, for the purpose of providing information that may be used in evaluating the adequacy of their proposed parking formula for this multi -plea theater. This report was submitted to the Planning Commission along with the June 25, 1998, Information Sheets. We believe, in this particular case, the one parking space for ever four seat ratio would be appropriate given the nature of the multi -plea theater business. GR ADING/DRAINAGE/UTILITIES The applicant has submitted a grading, drainage, and utility plan, which is being reviewed by the City Engineer. The total site in this Planned Unit Development is 16.76 acres and is subject to review by the West Mississippi Watershed Management Commission. Utilities are located in the Camden Avenue North right -of -way as well as 65th Avenue North, which will serve the properties to be developed. Utilities will be extended to the other sites proposed under the platting. If right -of -way is vacated, as is being requested by the applicant, it will be necessary to develop the appropriate drainage and utility easements to protect the public utilities from encroachment. This would be accomplished with the platting of the property and would include easements needed over the 65th Avenue North right -of -way, portions of North Lilac Drive right - of -way and the southerly portion of Camden Avenue which would be vacated with this proposal. The biggest concern is the underground treatment facility being proposed by the applicant as part of their drainage plan. Water from the site would be conveyed into this underground storage and treatment facility prior to its being released into the MNDOT right -of -way. This will be the subject of the West Mississippi Watershed Management Commission review of this proposal. The matter will not be on the Watershed Management Commission's agenda until their August 13, 1998, meeting. Any approval of the Planned Unit Development would be subject to compliance with Watershed Management Commission recommendations and conditions. C L AND SCAPIINTG The applicant has submitted a revised landscape plan meeting the landscape point system utilized by the Planning Commission for evaluating such plans. This 13.09 acre site requies 764 points. The landscape plan submitted provides 926 landscape points based on a variety of shade trees, coniferous trees, ornamental trees, deciduous shrubs, coniferous shrubs and perennials. The landscape plan is essentially the same as that presented to the Planning Commission at its June 25, 1998 meeting but modified to meet the new configuration of the site, absent inclusion of MNDOT surplus right -of -way. An expanded parking lot on the north side of the theater building calls for coniferous trees to screen the parking lot from the residential area on the opposite side of Camden Avenue. It should be noted that the building is set back 35 ft. from the Camden Avenue right -of -way and this area, running the lens *.h of the building, will be sodded and bermed and the applicant is proposing to grow ivy on the back wall to soften it's appearance and impact on the residential area on the opposite side of Camden Avenue. No loading facilities will be located in 7 -16 -98 Page 4 this area. The trash enclosure is to be at the northwest corner of the building and not face Camden Avenue. Emergency exits -will be located on the west wall and walkways leading from the emergency exit to other walkways around the building will be provided. The main entrance will be on the east side of the building. BUILDING The applicant has submitted building elevations showing a very decorative building to be of a variety of materials. The lower portion of the building w7ll be a reddish brown brick with the balance of the building exteriors being a drive -it material and standard painted block and face block. The colors include bright red, yellow, purple, teal, aqua and beige. A canopy over the front entrance is proposed and various architectural features are indicated on the front and north and south sides of the building ee exit doors are located. Large columns are ro osed iding mainly where � p p by the main entrance and these too will be colorfully decorated. The applicant proposes to use neon lighting at various locations and intends to affix the letters for the word Regal on columns that are enclosed and may be considered to be portions of the building wall. It appears the proposal can meet the city's si regulations limiting the amount of signery to 15 percent of the building wall. LIGHTINGITRASH The lighting plan has been modified to reflect the new boundaries of the property and continues • to show 17 light poles, most of which are located in the parking lot to the east of the building. The photometric plan showing information on the proposed foot candle limitations meets the city's zoning ordinance. Liaht fixtures will need to be shielded and direct light downward onto the site. The main concern is that the parking lot lighting be shielded to avoid light glare. As indicated previously, the plan shows the location of the trash enclosure at the northwest corner of the building. Outside trash disposal areas are to be screened from public view with a solid screening device compatible with the building. We would recommend that the screening device be the same exterior materials as that of the building and believe that the applicant has committed to this. Any rooftop mechanical equipment or on- ground mechanical equipment shall be screened from view as well. Attached for the Commission's review is a copy of a draft analysis conducted by Short Elliot Hendrickson, Inc. (SEH) relating traffic impacts from this proposed development on 66th Avenue operations. SEH, approximately one year ago, evaluated this area in terms of major redevelopment and a proposed Holiday StationStore and dental clinic redevelopment on the north side of 66th. Construction of a median, with median opening, was part of the recommended improvements to 66th Avenue at that time. 7 -16 -98 Page L The theater proposal will generate a large volume of traffic with access to it being from Camden • Avenue. The report notes that this traffic will not be at its greatest during the peak hours when 66th Avenue is currently busiest. Concern is expressed regarding the need for roadway and signal improvements on 66th Avenue and at Camden. Driveways on the north side will need to coincide with median breaks proposed to serve commercial developments as well as at Camden Avenue. It appears that a traffic signal will be warranted at Camden and 66th Avenues as a result of p.m. peak hour traffic generated from this site. A signal would provide a level of service "A" during the p.m. peak hour for the adjacent roadways (66th and Camden) and a level of service "B" during peak hour traffic generated by the proposed development. The report suggests a dual left turn lane from west bound 66th Avenue to Camden and the restriction of access points into 66th Avenue. PROCEDURE The public hearing for this PUDIC -2 rezoning and site and building plan application has been continued until Thursday evening, July 16, 1998. As mentioned previously, the Northeast Neighborhood Advisory Group met to review this application on July 7, 1998. Attached for the Commission's review is a copy of the minutes of the Northeast Neighborhood Advisory Group meeting. The Commission should take any additional comments into consideration prior to closing the public hearing on this matter. It should also be noted that state statutes orly give the City 60 days in which to review and make a decision on zoning matters. The 60 day period started with the filing of the application, which in this case was May 28, 1998. City Council action should be taken by July 27, 1998, without any agreed to extension by the applicant. Notices to property owners within 360 ft. of this site of- the continued public hearing on this application have been sent. RECOMMENDATION We believe, given the revised plans submitted, that the Planning Commission can be in a position to make a recommendation with respect to this application by their July 16 meeting. 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BROOKLYN CENTER, MINNESOTA i • s .,4 jib <._..1 Lo FA[_)r4 i ELE VAl"4 REGAL CINEMAS 20-PLEX Ar,Y.r) Architects, h.a BROOKLYN CENTE=R, MINNESOTA MN TUTES OF THE PROCEEDINGS OF THE NORTHEAST NEIGHBORHOOD ADVISORY GROUP OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA JULY 7, 1998 CALL TO ORDER The Northeast Neighborhood Advisory Group meeting was called to order by Chair Steve Boone at 7:30 p.m. ROLL CALL/INTRODUCTIONS Chair Steve Boone asked the members to introduce themselves. Present were Advisory Group members Tom Kouri, Michael Snelson, Rod Snyder, and Charles Stutz. Representing the City of Brooklvn Center were Planning Commissioner Edward Nelson, Commission Liaison to the Advisory Group; Planning Commissioner Dianne Reem; Planning and Zoning Specialist Ronald Warren; and Planning Commission Recording Secretary Arlene Berg a portion falk. City Councilmember Peppe attended of the meeting. APPLICATION N0.9801 SU_RiITTF_P BY CENTRES GROUP BROOKLYN CENTER. LTD. Chair Boone explained the purpose of the meeting and the role of the Advisory Group. The Group considers, on a grass roots level, issues of concern regarding rezoning applications and Zr Comprehensive Plan amendments in its quadrant of Brooklyn Center as directed by the Planning Commission, and makes recommendations to the Planning Commission on such issues. Mr. Boone called on Mr. Warren to review the Application. Mr. Warren explained that the concept. of neighborhood advisory groups began in 1965 when the City's first Comprehensive Plan was developed. Mr. Warren referred to his June 25, 1998 memorandum and Planning Commission Information Sheet sent to the members regarding this Application. The Planning Commission conducted a public hearing and preliminary discussion on the application at its 06 -25-98 meeting, referred the matter to the advisory group, and continued the public hearing. Mr. Warren indicated the Commission specifically requests comments regarding the proposed rezoning and appreciates any recommendations from the group. The applicant, Centres Group, Brooklvn Center. LTD. is requesting rezoning approval from C -2 (commerce) to Planned Unit Development (PUD)/C-2 of a 17.72 acre site for development of a 20 screen theater and two restaurant sites. Using overhead transparencies, Mr. Warren showed the location of the site which is bounded on the north by 66th Avenue and the SuperAmerica site; on the east by T.H. 252: on the south by Interstate 694; and on the west by Camden Avenue. Rezoning to the PUD designation allows some deviation from ordinance standards based on guidelines and requires that a development agreement be signed by the applicant and the City. Therefore PUD • zoning gives the City Council flexibility to address problems, governing regulations, and authority to impose conditions on a development plar of this magnitude. Mr. Warren explained the modification to the site plan reviewed by the Planning Commission which • reduces to rivo restaurant sites and adds parking spaces in the northwest corner of the property. The reason for this revision relates to the applicant's desire to acquire specific vacation of certain portions of the site from the City of Brooklyn Center and the NfN State Department-of Transportation (NI NDOT). Those acquisitions may take more time than originally contemplated, therefore revisions to the plans were made to meet ordinances without those acquisitions, to avoid delay in the applicant's "fast track" schedule for the project. Parking for the 4,660 seat, 20 screen theater is proposed at a ratio of 1 space to 4 seats. Coincident with Application No. 98015, under Application NO. 98016, the applicant is also seeking preliminary plat approval to combine the 9 privately owned properties along with the City /State acquisitions into a plat to be known as Regal Road Development Addition. Chair Boone called for questions from the Advisory Group members. A member inquired about the likelihood of the State allowing the acquisition of its property in view of traffic concerns. Mr. Warren stated there is a good chance for acquisition of certain parcels, but was unsure about another. Recommendations resulting from a recently updated traffic study include extension of the median to Camden, installation of a traffic semaphore at Camden, and additional turn lanes in certain locations. These improvements along `with the off-peak traffic pattern of movie theaters appear to alleviate any traffic concerns. Chair Boone asked for comments from the applicant. Mr. Kaare Birkeland, developer of the theater complex, provided background on Regal Theaters, described changes in the theater industry, explained its customer oriented philosophy and operating schedule, and explained the basis for the 4/1 parking ratio. A color rendering of the theater building was shown. c A member inquired about the lighting plan for the site. Birkeland indicated the plan is not complete, but parking lot lighting will be channeled downward and will meet City Ordinances. Regal uses neon lightina on its buildiings which does not "carry far." It was noted that freewav liahtina is worse than the liahtina allowed for this development. Mr. Birkeland explained that the company will be responsible for the cost of street improvements associated with its development. Mr. Boone stated it was obvious that substantial "homework" has been completed by the applicant. He supported the private undertakina that benefits the City and area without the use of City funds. He noted the desirability of a theater complex in that location since it can control movie start times to ease potential traffic problems. Product deliveries to the building -Mll be made by step -down trucks (not semis) once each day between the hours of 8 a.m. and 4 p.m. Mr. Terry Moses, who is responsible for the restaurant development, stated the company ,mil not allow fast food service, gas stations, or convenience stores on the sites. Negotiations for sit -down 7 -07 -9S l nationally - known up -scale restaurants, that probably will serve liquor, are in process. No outdoor • music will be allowed and lighting will meet Citv ordinances. Mr. Russell McGintry, consultant to Regal Theaters, stated the company never sells tickets for more than SO °% of the theater seating, and staggers movie start times. Members inquired about plans for snow removal on the site and the impact of the development on the Melrose Gates complex. Mr. Birkeland stated that after plowing, the snow will be removed from the site to accommodate maximum parking. He explained that easement agreements have been accomplished with the Melrose complex and resident, emergency and fire truck access remains adequate /unchanged through street improvements. In response to a member's inquiry, Mr. Warren explained the coordination of the roadway improvements with the proposed Holiday Station Store /dental clinic on 66th Avenue. A member requested information on the drainage plan which requires watershed management commission and city engineer approval. Messrs. Birkeland and Warren explained the location and concept of the underground detention facility. It was pointed out that an alternative holding pond plan has also been developed. Developer representatives responded to questions regarding its demographicJcustomer,marketing efforts. The company's year long study suppo; `s the desirability of the location along the I- 694 and TH 252 corridor and customers Mll come from all parts of the Twin Cities metro area. The company is in negotiations with several other suburbs for similar developments of varying sizes in those communities. A 16 screen theater is in the footing stage in Eagan, MN. As requested, representatives provided information about the exterior building materials. In response to a question regarding the existing businesses on the property, Mr. Steve Nelson, owner of Lynbrook Bowl explained the chances in the success and vitality of the bowling industry, stated he does not intend to re- locate his business, and fully supports the theater /restaurant project. It was pointed out that the developer has agreements to purchase three homes, and all of the existing businesses, none of which intend to relocate elsew=here. The cost of the entire development is in the S 15-17 million range and the tax base will increase nine times. The development is in a TIF district which is part of the Brookdale Center. According to the developer, no funds will be accepted by the company, and will be directed for retention and use by the City. There was discussion regarding the likelihood of successful operation of this development and a similar one announced recently for the Brookdale Center and the existing movie theaters, and what impact failure of the Regal operation would 'nave. Views expressed by advisory members and other citizens in the audience included: developers make business decisions; competition draws tra =fic, people, and money to central locations (i.e. car dealers on Brooklyn Blvd, Holiday development'Super_- kmerica, etc.); is there a better location for this development in Brooklyn Center./Brookivn Park that would provide greater tax benefits; City should 7 -07 -95 be involved in selecting the best location of businesses /development; skepticism of the success of this 20- screen theater due to location and questionable demographic study; support the development because of easy freeway access, visibility, and viable demographics; free - market issues; gateway to Brooklyn Center and north Hennepin County; exciting beneficial development for the City. Mr. Birkeland and other company representatives defended its selection of the property and development resulting from year long careful studies supported by a powerful company with successful theater operations nationwide. The property could support 175,000 square feet of retail space. Mr. Birkeland responded to a question regarding security cameras on the building, by stating that the company would like assistance from the City on the issue of crime prevention/deterrence. Mr. Warren g responded to questions reardin the four seats to one parking space ratio noting that P 4 .. g P P .. the city ordinance does allow that ratio for theaters in retail developments of 50,000 square feet or more. Mr. Billota, a company consultant, summarized the rationale for 4/1 parking for theaters based on a nationwide study. Flexibility of theater scheduling including staggered times, multi screens etc. has proven to support the adequacy of the parking ratio. The study showed support for a 511 ratio and considered 3/1 an outdated standard based on old theater industry operations. Intensive local studies reached the same conclusions. Nis. Sharon Paulson, General tilanager of the Brookdale Center, in the audience at this meeting. . stated that its plans for Loews multiscreen theater project , ,vill be finalized within 3 -4 weeks. It vvil1 be a 90,000 square foot, 20 screen complex with stadium seating, located at the west end of the shopping center. Construction is anticipated to begin Spring 1999. Ms. Paulson stated that l i competition is good, however while certain types of competition may be difficult to sustain, no conclusions have been drawn with respect to the development of the two multi - screen complexes. She indicated that the parking issue at Brookdale is currently under study as the theater's footprinf is being plotted. Chair Boone wished success to representatives of the proposed Regal and Brookdale theater . developments and acknowledged the excitement of new additions to the City. p - - ACTION RECOMMEND :�PPROV AI. OF APPLI CATION NO. 98015 -- There was a motion by Chair Steve Boone, seconded by Member Michael Snelson, to recommend to the Planning Commission that it recommend Council approval of Application No. 98015, a request submitted by Centres Group, Brooklyn Center, Ltd., for rezoning and site and building, plans P .. through the PUD process for development of a 20 screen theater, and creation of two other sites for future restaurants on a 17.72 acre site located northwesterly of 1 -694 and T.H. 252, subject to a development agreement and appropriate conditions. Voting for: Chair Boone and Member Snelson. Voting against: None. Abstentions: Members Kouri, Snyder, and Stutz. 7 -07 -98 a The motion passed. 40 Chair Boone acknowledged with appreciation the participation of the advisory group members, interested citizens, and representatives of the developer- Centres Group, Brooklyn Center, LTD. Mr. Warren said the Planning Commission will consider the recommendation of the Northeast Neighborhood Advisory Group in conjunction with its continued review and discussion of the application at its meeting on July 16, 1998. I ADJOURNMENT Chair Boone adjourned the meeting at 9:15 p.m. I Chair Recorded and transcribed by: Arlene Bergfalk TimeSaLer Off Site Secretarial, Inc. i • 7 -07 -98 i Application Filed On 5/2S/98 • City Council Action Should Be Taken By 7/27/98 (60 days) Planning Commission Information Sheet Application No. 98015 Applicant: Centres Group Brooklyn Center, LTD Location: Property Located South of 66th Avenue North, East of Camden Avenue North and North and West of Interstate 694 and TH252 (Except for the SuperAmerica property) Request: Rezoning/Site and Building Plan- PUD /C -2 The applicant is requesting rezoning and site and building plan approval through the Planned Unit Development (PUD) process for the development of an approximate 85,000 sq. ft., 4,696 seat, 20 screen theater on a 584,933 sq. ft. (13.43 acre) site located northwesterly of Interstate 694 and TH252. The proposal also comprehends the creation of three other sites, ranging in size from approximately 53,000 sq. ft. to 72,000 sq. ft., for future commercial development, most likely restaurant uses. The ro erty in q uestio n - 2 (C and is 7 7 8 467 s . ft. in area 7 p p q on is currently zoned C _ Comm � ) q (1 .8 7 acres). It is bounded on the north by 66th Avenue and the SuperAmenca site; on the east by TH252; on the south by Interstate 694; and on *,he west by Camden Avenue. The applicant has • acquired or has obtained options on all of t1he properties in question and is seeking to acquire a parcel owned by the City which is located at the southeast corner of 65th Avenue and North Lilac Drive. He is also seeking to acquire and has requested the vacation of 65th Avenue North from Camden to North Lilac as well as North Lilac between Camden and 65th Avenue which is owned in part by the City of Brooklyn Center and i /IN/DOT. Also, a portion of the south end of Camden Avenue is being sought to be incorporated into this project. The reason for the requested PUD zoning is the extent of the applicants proposal and also the request to seek parking for the theater on the basis of one parking space for every four seats as opposed to the one parking space for every three seats required in the City's zoning ordinance. The requested rezoning is to PUD /C -2 (Planned Unit Development/Commerce). Motion picture theaters are special uses in the C -2 zoning district, provided they do not abut R -1, R -2 or R - zoned districts including abutment at a street line. The way the theater and adjacent lots are proposed (see preliminary plat under Application No. 98016) there will not be any prohibited abutment between the theater site and the adjacent residential property. The theater is, therefore, an allowable use under the underlying C -2 zone. Because of the need for a different parking formula, the applicant is proposing to pursue this request through the Planned Unit Development process and is seeking rezoning based on a site and development plan to a PU'D /C -2 zoning designation. Such a zoning designation could allow the proposed parking ratio through a finding and a development agreement. 6-25-9S 5- 98 Page 1 As the Commission is aware, a Planned Unit Development proposal involves the rezoning of land to the PUD designation followed by an alpha numeric designation of the underlying zoning district. This underlying zoning district provides the regulations governing uses and structures within the Planned Unit Development. The rules and regulations governing the district (in this case C -2) would apply to the development proposal. One of the purposes of the PUD district is to give the City Council the needed flexibility in addressing redevelopment problems. Regulations governing uses and structures may be modified by conditions ultimately imposed by the City Council on the development plans. In this case, the applicant would be seeking modification to allow on site parking on a less restrictive basis than currently required in the zoning ordinance. The Planning Commission's attention is directed to Section 35 -355 of the City's Zoning Ordinance, which addresses Planned Unit Developments (attached). REZONNG The PUD process involves a rezoning of land and, therefore, is subject to the rezoning procedures outlined in Section 35 -210 of the Zoning Ordinance as well as the City's rezoning evaluation policy and review guidelines contained in Section 35 -208. The p olicy and review guidelines are attached for the Commission's review as well. The applicant has submitted a written statement regarding their proposal along with comments as to how they believe their proposal addresses the rezoning evaluation policy and review guidelines. Their written submission indicates that Regal Cinemas and its regional developer, Centres Group, LTD of Minneapolis are involved in a joint development with TOLD Development Company of Minneapolis to redevelop this approximate 17 acre site. Centres would use approximately 14 acres of the properry to construct the theater and off street parking needed with TOLD being responsible for the development of the remaining three properties in the immediate area. The theater proposed would be a state of the art mega -plea with full stadium seating in all auditoriums. They indicate that their project will meet all of the City's requirements for zoning, set backs, green spaces, etc. but that they need the PUD proposal in order to provide theater parking on a one parking space per four seat ratio rather than the required one parking space for three seats and to also qualify as a special use which theaters are under the underlying C -2 zoning district. The applicant goes on to note that their proposed redevelopment would be a consolidation of nine privately owned properties and would require purchasing a small City owned lot, plus seeking reconveyance by the City of all those parts of street rights -of -way for 65th Avenue, North Lilac Drive and the southerly end of Camden Avenue. Also they are seeking City cooperation in obtaining turnback of excess right -of -way along the east and south sides of the site from MNDOT. Negotiations with the State are underway as well as negotiations with the City to acquire the properties mentioned above. They also note that the current site is used as a mixture of older, under performing businesses, several small businesses of varying types and some older single family homes all of which would be consolidated into the theater proposal and surrounding commercial development. 6 -25 -98 Page 2 As with all rezoning requests, the Planning Commission must review the proposals based on the rezoning evaluation policy and review guidelines contained in the Zoning Ordinance. The police • states that zoning classifications must be consistent with the City's Comprehensive Plan and must not constitute "spot zoning" which is defined as a zoning decision which discriminates in favor of a particular land owner and does not relate to the Comprehensive Plan or accepted planning principles. Each rezoning proposal must be considered on its merits and measured against the City's policy and against the various guidelines which have been established for rezoning review. The following is a review of the rezoning guidelines contained in the Zoning Ordinance as we believe they relate to the applicant's comments and their proposal. A. IS THERE A CLEAR AND PUBLIC NEED AND BENEFIT? The applicant indicates that their proposal would create multiple benefits to the City including placing tax exempt City owned vacant land and under used street right -of -way property back on the tax rolls; replacement of existing low tax base real estate with higher base new facilities, creating additional increment to the existing TIF district; generating additional patronage to existing local businesses and creating sales tax revenues far in excess of those now generated on the site; creating a landmark property on the site which currently appears under used and deteriorating. They claim the vitality of the theater facade and view lines from all roadways introduces a prominent new feature to the City streetscape at the main gateway to the City. It is the staff s opinion that such a redevelopment could be considered a public benefit as the applicant has indicated if it indeed balances the business needs of the community and it is not anticipated to be a detriment to the community but, on the other hand, be a positive factor providing the benefits that the applicant has outlined. B. IS THE PROPOSED ZONING CONSISTENT AND COMPATIBLE WITH SURROUNDING LAND USE CLASSIFICATIONS? ` We believe, as will be noted later in the report, that the proposed development can be considered consistent and compatible with surrounding land use classifications. Commercial development will be taking place on the north side of 66th Avenue with a relocated dental office and a Holidav Station Store being proposed. Townhomes are located also on the opposite side of 66th Avenue and we believe the proposed development can be considered compatible with that utilization of property. Melrose Gates is located to the west of Camden and will share frontage on Camden Avenue with the proposed developments. A traffic study, by Short- Elliot - Hendrickson (SEH), had been conducted last summer contemplating major redevelopment in this area and also the Holiday development. We have requested SEH to update its traffic analysis given the proposed theater development and potential accompanying restaurant uses. They will be analyzing the traffic impact of the development proposal and potential roadway, traffic signal and other traffic related needs. All in all we believe the site layout, landscape plan. 6 -25-98 Paz-, 3 parking and other physical features can be considered compatible with surrounding land uses as will be shown later in the repo; C. CAN ALL PER NUTTED USES Iv THE PROPOSED ZONING DISTRICT BE CONTEMPLATED FOR DEVELOP.NIENT OF THE SUBJECT PROPERTY? We believe that all permitted uses and proposed uses can be contemplated for development in the proposed Planned Unit Development district if this proposal is accepted. The underlying zoning district is C -2 which allows the biggest variety of commercial uses within the City Zoning Ordinance. There may be some uses which the City might determine to be inappropriate and a listing of those uses could be provided in the development agreement. Uses such as a fast food restaurant or a gasoline service station/convenience store have been prohibited in other Planned Unit Developments within the City and maybe it would be appropriate to restrict these developments in this PUD as well. There may be other uses which would be considered inappropriate which could also be sited. Although the applicant has indicated the likely development on the other parcels of a restaurant use, no approval of those uses is part of this Planned Unit Development. Any other uses which might be comprehended can only be allowed through an amendment to the Planned Unit Development process and those plans will have to be submitted for review at a furare date. D. HAVE THERE BEEN SUBSTANTIAL PHYSICAL OR ZONING CLASSIFICATION CHANGES IN THE AREA SINCE THE SUBJECT PROPERTY WAS ZONED? There have been no physical or zoning classification changes in the immediate area. The City, however, has sought to have a major redevelopment in this area which would provide a major focal point at this very visible portion of the City which has been called ` at times a "gateway" not only to the City of Brooklyn Center but to the entire northwest suburban area. This proposal seems to meet that objective. E. IN THE CASE OF CITY INITIATED REZONING PROPOSALS, IS THERE A BROAD PUBLIC PURPOSE EVIDENT? This evaluation criteria is not applicable in this case. F. WILL THE SUBJECT PROPERTY BEAR FULLY THE ORDINANCE DEVELOPMENT RESTRICTIONS FOR THE PROPOSED ZONING DISTRICT? We believe the subject property can fully bear the ordinance development restrictions for the Planned Unit Development based on findings which would need to be made by the 6 -25 -98 Page 4 City in a development agreement between the City and the developer which would address an issues and would acknowledge the site plan as part of the development agreement. The applicant's proposal will need to be reviewed by the West Mississippi Watershed Management Commission and is subject to other regulations as well. They are seeking a different parking formula for theaters and the applicant has provided information to make a case for a different parking formula given the size of the theater and their experiences with such theaters at other locations. It should be noted that the City does have an alternate parking formula for places of public assembly that are located in commercial shopping centers over 50,000 sq. ft. in gross floor area. The parking requirement for a motion picture theater in such a situation would be one parking space for every four seats, the same as being requested by the applicant. As the plan review will show, the applicant can meet all of the other requirements of the City's zoning regulations for development and those matters should be expected as well. G. IS THE SUBJECT PROPERTY GENERALLY UNSUITED FOR USES PERMITTED IN THE PRESENT ZONING DISTRICT, WITH RESPECT TO SIZE, CONFIGURATION, TOPOGRAPHY OR LOCATION? We don't believe that it can be argued that the site is generally unsuited for uses permitted in the C -2 (Commerce) zoning district. That is why the C -2 designation is the underlying zoning designation in this planned unit development. But given the potential impacts of this major redevelopment and future commercial uses of the additional properties, we believe the best w=av for controlling such a redevelopment is through this Planned Unit Development process. again, any modifications, new development proposals or the anticipated use of the other sites as restaurants will require a Planned Unit Development amendment and a development agreement as a basis for such development to proceed. This does give the City some additional control over potential developments that may not be appropriate in this area. c H. WILL THE REZONING RESULT IN THE EXPANSION OF A ZONING DISTRICT, WARRANTED BY: 1. COMPREHENSIVE PLANNING; 2. THE LACK OF DEVELOPABLE LAND IN THE PROPOSED ZONING DISTRICT; OR 3. THE BEST INTERESTS OF THE COh'IMUNITY? It is believed that the creation of the PUDIC -2 zoning district in this area provides for flexibility in dealing with redevelopment issues for this site. We believe the proposed development could be considered to be in the best interests of the community if it is properly developed. The proposal is certainly not inconsistent with the City's current Comprehensive Plan which recommends an intense commercial development in this area. The PUD rezoning is not considered a major change in the zoning of the property as the C -2 district is the underlying zoning district for uses and development restrictions. This does give the City what is considered the needed flexibility in dealing with the redevelopment of this entire area. And again, We believe this proposal can be considered E -25 -98 Page to be in the best interests of the City if properly developed along with appropriate traffic analysis and findings that the proposed parking is sufficient to meet the development needs. I. DOES THE PROPOSAL DEMONSTRATE MERIT BEYOND THE INTERESTS OF AN ONVI ER OR OWNERS OF AN INDIVIDliAL PARCEL? The proposal does appear to have merit beyond only the interests of a particular property owner and will lead to an upgrading of the site in this area. The applicants note that the project allows the City a redevelopment completely administered by the private sector creating revenues and tax generation far in excess of the existing uses, with a cornerstone project visible to all freeway users and yet convenient to community residents. We do not argue with that characterization. SITE AND BliILDING PLAN PROPOSAL The applicant's proposal calls for the eventual demolition of the Lynbrook Bowl, Schwalenberg Interiors, the Lynbrook Auto Body Shop, the Beacon Bowl and three single family homes located at the northeast corner of 6th and Camden Avenues North. Nine parcels will be consolidated along with the right -of -way that the applicant is seeking to be vacated which has been previously been mentioned (65th Avenue North, North Lilac Drive and a small portion of Camden Avenue)and the City owned property at the southeast comer of 65th and North Lilac. The proposal again calls for the development of an 85,240 sq. ft. Regal Cinema theater seating 4,696 persons in 20 theaters containing stadium seating. The theater itself would be located in the westerly portion of the 13.43 acre site proposed for the theater use. The building would be located approximately midway between the I694 right -of -way on the south and 66th Avenue on the north. c ACCESS /PARKING Access to the site would be gained via two access points off of Camden Avenue North, one to the north of the building and the other to the south end of the building where a cul -de -sac would be provided, terminating the Camden Avenue right -of -way northerly of its present connection with North Lilac Drive. The applicant is seeking agreement with the owner of the Melrose Gates apartment complex to allow access over the applicants property to the proposed cul -de -sac from the southerly most access point to Melrose Gates. It is our understanding that this entrance is not utilized to any great extent but the cross access will never the less be pursued keeping open the option to access the site at that point. The northerly access to the theater site is divided by a median at the entrance from Camden Avenue, while the southerly access will be off the proposed cul -de -sac. The cul -de -sac will also serve as access to a proposed future site located south of the theater building. 6 -25 -98 Page 6 The plan seems to provide for 1,199 parking spaces based on a review of the parking count while the site plan indicates a total of 1,174 stalls. This again is based on a projected one parking space • for every four seats. The applicant has submitted a parking analysis entitled Multi- Theater Parking Brooklyn Center, Minnesota submitted by Parsons Brinkerhoff dated May 28, 1998 for the purpose of providing information that may be used in evaluating the adequacy of local parking standards for multi - theater complexes. They note that smaller theater complexes generally maintain their profitability by running top grossing films for a short period of time in order to assure that their theaters are kept near full occupancy at peak periods. They claim that in contrast large multi - screen theaters generally maintain their profitability by utilizing staff more efficiently. They say this is possible because multi- theater complexes continue to show films for a much longer period, even when they are not drawing the crowds of the new releases. By staggering start times and balancing new releases with aging films, the flow of customers can be more efficiently managed, although overall theater occupancy is reduced. The net affect of these operational differences on parking demand is that the probability of achieving full seating capacity at all screens decreases as the number of screens increases. They go on to evaluate national norm, local norms, parking generation, local parking studies and conclude that the standard of one parking space for every four seats is a reasonable standard to apply to the proposed theater. Attached for the Commission's review is a copy of this study submitted by the applicants. As previously noted the City's current parking formula requires one parking space for every three seats for places of public assembly such as churches, theaters, auditoriums, mortuaries, stadiums, arenas and dance halls. An exception is made for places of public assembly such as a motion picture theater located in a retail shopping center complex of 50,000 sq. ft. or more. In such a case the requirement is for one parking space for every four seats, the same as being proposed by the applicant in this case. The reason for this reduction had to do with the potential for common parking by patrons of a theater and a commercial shopping center. The one parking space for every four seats has worked in theses situations and we are not aware of parking problems at the Brookdale Square theater complexes. As a comparison, a retail shopping complex with a comparable square footage as being proposed for the theater (85,240 sq. ft.) would only be required to provide 469 parking spaces based on the retail parking formula of _ 5 .5 parking spaces per 1,000 sq. ft. of gross floor area. The theater proposal would require a little more than 2.5 times the amount of parking for a comparable retail shopping area. Given the report submitted and the analysis conducted it does appear to be a reasonable proposal to provide parking for the multi -plex theater on the basis of one parking space for every four seats and we would recommend this for the Planning Commission's consideration. The fact that the theater can control starting times and having the ability to provide popular motion pictures on numerous screens should lead to less demand for parking and also the ability to control traffic in and out of the site. Traffic congestion and a shortgage of on -site parking are not in the interests of the theater operators either. GR G/DRAI\NAGEliTILITIES The applicant has submitted a grading, drainage and utiliv plan which is being reviewed by the 6 -2-- 98 Page 7 City Engineer. The total site in this Planned Unit Development is 17.87 acres and is therefore, subject to watershed management commission review. The applicant has submitted an application for watershed review through the City Engineer and the West Mississippi Watershed Management Commission will be reviewing this plan at their July 9th meeting. It is my understanding that the applicants are proposing a subsurface holding area which will be located in the easterly portion of the parking lot. They are trying to determine the best location for this facility which may be where the Beacon Bowl is currently located. The applicants have an agreement with Beacon Bowl which would allow the bowling alley to continue operation through next winter and would mean they would have to locate a pond on an interim basis, possibly at the northwest corner of the site. They are also exploring the possibility, if permissible to have the underground storage facility somewhere other than the Beacon Bowl location. Discussions are taking place and plans are being proposed with the City Engineer and, again, are subject to review by the Watershed Management Commission. The drainage and grading plan is therefore not finalized. Utilities are in place in Camden Avenue and in 66th Avenue North and providing services for sewer and water to the proposed buildings should not be a problem. The City Engineer is reviewing the drainage, grading and utility plans and hopefully will have additional comments for the commission review. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system utilized by the Planning Commission for evaluating such plans. This 14 acre site requires 800 landscape points. The landscape plan submitted to this point shows 798.E points being provided, however, this plan is based on a site plan not including the proposed cul -de -sac on Camden Avenue. The applicant will be providing a revised landscape plan based on the revised site plan. Generally, however, they are proposing a mixture of plantings including 390 points for shade trees which would include Hackberry, Little Leaf Linden, Swamp White Oak, Patmore Ash, Marshall's Seedless Ash, Pin Oak or Autumn Blaze Maple. These trees would be located along the westerly side of the theater building, along the island area separating the in and out driveway to the site and on greenstrips adjacent to other building sites, with a few along the easterly side of the building and some in island areas. They propose 192 landscape points with coniferous trees which would be either White Spruce, Colorado Green Spruce, Black Hills Spruce or Arborvitae. These would be used for screening purposes to screen the parking lot areas from the adjacent residential complex to the west. They are also proposed around the foundation of the building. 63 points are to be provided by making use of ornamental trees such as Serviceberry, Amur Maple, Flowering Crabapples and Japanese Tree Lilac. Ornamental and coniferous shrubs amounting to 153.5 points are also shown around the perimeter of the building. Such shrubs would include Bush Honeysuckle, Dwarf Winced Euonymous, Red Twigged Dogwood, Annabelle Hydrangea, Emerald Mound Honeysuckle, Alpine Currant, Dwarf Korean Lilac, Shrub Roses, EngLeman I Seaareen Juniper, Savin Juniper and Taunton Spreading Yew. The west wall of the proposed theater building is to be planted with ivy to soften the impact on the adjacent residential complex. 6 -25 -98 Page 8 No parking will be permitted between the west property line and the building as this area will be sodded and contain walkways leading from some of the emergency exits out of the theater. Sod • is indicated in a number of the island areas as well as around the perimeter of the site. Underground irrigation is to be provided in all landscaped areas to facility site maintenance and such a note is on the landscape plan. We have requested the applicants to provide additional trees alon the TH252/I694 right -of -way area to soften the parking lot impact on the surrounding roadways. We anticipate a revised landscape plan which should be available by Thursday evening's meeting. BUILDING At the time of writing this report the building elevations have not yet been submitted but the applicant has indicated that the exterior material will be a combination of brick and other materials. We hope to have the building elevations and exterior treatment schedule by Thursday evening's meeting. LIGHTING /TRASH The applicant has submitted a lighting plan showing the location of 17 light poles most of which are located in the parking lot to the east of the building. The plan provides photometric information showing that the proposal will meet the foot candle limitations contained in the City's Zoning Ordinance. No light fixture types are indicated. The main concern is that parking lot lighting be shielded and directed downward onto the site to avoid glare. The site lan w' north west comer e building. p sho the location of she trash enclosure at the north s of th d Outside trash disposal areas are to be screened from public view with a solid screening device compatible with the building. We would recommend that the screening device be of the same exterior material as that of the building. Any rooftop mechanical equipment, or other on around mechanical equipment shall be screened from view. y PROCEDURE This PUD /C -2 proposal as previously mentioned, is a rezoning with a specific development plan accompanying it. As such, it must go through the normal rezoning process. This means that following the Planning Commission's public hearing the rezoning proposal and the site and building plan should be referred to the appropriate Neighborhood Advisory Group for their review and comments. In this case it would be referred to the Northeast Neighborhood Advisory Group. We have invited the advisory group members to attend the Planning Commission meeting. We will attempt to schedule a meeting of the Northeast Neighborhood Advisory Group and would like to have that meeting conducted between July 6th and July 9th so that this matter can be back onto the Planning Commission's agenda, hopefully, by July 16. 6 -2f Page -� It should also be noted that State Statutes only give the City 60 days in which to review and make a decision on zoning matters. This 60 day period starts with the filing of the application, which in this case was on May 28, 1993. City Council action should be taken by July 27th. A public hearing has been scheduled and notices have appeared in the Brooklyn Center Sun -Post and notices have also been sent to neighboring property owners within 350 feet of the site. The Planning Commission should discuss the proposal, open the public hearing, and then table the application and refer the matter to the Northeast Neighborhood Advisory Group for additional review and comment. The Commission may wish to comment on the proposal and 4 give any direction to the neighborhood advisory group ghat they feel is appropriate for their review. 6 -2 - -98 Page 10 City of Brooklyn Center Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES. • Pureose The City Council finds that effective maintenance of the comprehensive planning and land use classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City Council has established a rezoning evaluation policy and review guidelines. 2. Policy It is the policy of the City that: A. Zoning classifications must be consistent with the Comprehensive Plan, and, B. Rezoning proposals will not constitute "spot zoning ", defined as a zoning decision, which discriminates in favor of a particular landowner and does not relate to the Comprehensive Plan or to accepted planning principles. 3. Procedure. Each rezoning proposal will be considered on its merits, measured against the above policy and against these guidelines, which may be weighed collectively or individually as deemed by the City. 4. Guidelines A. is there a clear and public need or benefit? B. Is the proposed zoning consistent with and compatible with surrounding land use classifications? C. Can all permitted uses in the proposed zoning district be contemplated for development of the subject property? D. Have there been substantial physical or zoning classification changes in the area since the subject property was zoned? E. In the case of City - initiated rezoning proposals, is there a broad public purpose evident? F. Will the subject property bear fully the ordinance develcpment restrictions for the proposed zoning districts? G. Is the subject property generally unsuited for uses permitted in the present zoning district, with respect to size, configuration, topography or location? H. Will the rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best interests of the community? 1. Does the proposal demonstrate merit beycrd the interests of an oviner or owners of an individual parcel? • Sec;icn 35 -208 C. a,CCe$$Ci V uses incld to .�e fbregoi principal uSeS PVC en locate OPL the Sane pioce ^J With Lhe use to wVi;c" it IS accessory but not Including any business OC i ndust±ial uses. Suc accesse ; uses to include but not be restr cted to t:`ie tollo%v:ng: 1. 0'� -st eat gar'.cing. ^. Pu0tic i,lcz- Ion- 0 11C:P:�S and �ar:<S, plaV� Ou^,dS and a,�_letic r1-Ids. �. Sims as ae=.;cted 1:1 th. Sio0kl %n Ce Sign Ordinance. Section 5. PLaNN D UNIT D EVE L0P N 1. Subdivision 1. Pul.ose. i ;.e C=pose of tide Pla_ - Unit T✓eve :opiat=e (?UD) Ci1Su_Ct IS t0 ?;OmCi' 11 —KiDI I in IWT: Cevelo�JPndnt ':. n_d iecevelC rlieP�t, DreSe: ve 3eS :e: tally Si =:uric.�._rt anQ euV iiOPu le:it3!lV Se. ^.SiiiVe SitZ f "n' eS. conseri° merry and ensure a h. ^ "-?i:" or C °Sio" C viSiOr _. C 7Si:ICC c Ci PU D ..0 S; D c ^ i:Led Uses; Apel!cable F, 'z- latio • �- n _�."ltn; Cr =^� a D7 .. al —a ri ' ,_)v L^�o Ieneis "PU 1 ' rollo�� ~ v UCO �i.laY _b �, e J _ be 'd eSi 'e t _ L'e V :.e ?'" _ ^.Lii:.` ^.0 eSi?n?i:C 0: iQ °::'v T.c ZCi li:Q �:5 :C: v'C1C 1 :1_�/ Ce either 4 ^.e �i:or ZOPyIg Cla..eSircary0lr or a ile`N Cl2SSi C�tiOII. L_ cases or mi:Ce'�_ use PU S, the C1N COUIlCil Snail %ie :eve, reCSOnSCI% veyC C 0!e, S�eCi u:ide:Iv Il� ZOPy"C Cla_SJ'i _C2'1Ons lOr Va.'iCUS car PUD. '; ea .t is not _�asoaa pract? cable t0 SO SLeciffv u de:l a— ZorlIlg ciassi::ca ons, the CCU. ^_ci1 na'+ _czone the diS C:, Or any pa.-: t_te:eof to "TUD C). Reg':._2 0T1S cO V nc t eS �^d _ eS .. DT $ %.W' De a "_e S�:_.e as --Hose -C`fe. ^_. 'c L%Ce: %"III Zor �nv C:S�:;C_ S� c; Ct t0 iu ^ llOk�nc i. 1Zeg llaLa s yi2V e .TiCCi eC °��'e$S1V b�' COP_di CnS � uCSed OV Zr-- i e of .eZOP — in C to P - UT D 2. T Re ^'1ict:ons a,e m Ody:ed bV ' liC t:CP 0G % t0 `le e C ea neC °SSa_T" tC Corr-. VVi . ~.�.. e`ie.001 Clan c: .,:D. case C_ C.s Pv ✓ ✓ - ��i� = D, :ne CvL_Ca Si:a s ec' "!!C30ie 0 LSeS ���C �'� " 'Y CuS '` S CL t.e Q'_SU:c;. t� C. ror punoses ofdetermmirdng applicable regulations for uses or on lard adjacent to or Ln u: e vicinity or d— PUD disc c: wl IC i depend or , the ZOrllng or the PUD Clstrict, the underlying zoning classification of PUD districts shall be dee.-ried to be the zoning classification of the dis -mict. In the case of a disc ct zoned PUD -MIXED, die underlying zoning classification shall be deemed to be the classification which allows as a pe, nirLed use any use which is permitted in the PUD district and which results ir. the most restrictive regulation of adjacent or nearby properties. Subdivision 3. Develorml-, t Standards. a. A PUD shall have a rrinimuri area of ore acre, excluding la .d included Within the iloodway or 'lood fringe overlay districts and excluding existing rights- of- way, ',irless the City finds that at least one otFthe following conditions exists: I. There are =usual physical teattres of zhe prope `v Cr of ih-- s ound'l g neighborhood such that development as a PUD will conserve a physical or te:raln f azure of Inacortanct to the ne ;?i?uCr need or corn. :.n. propei is Lire 'Iv aC1aC2._: to or across a pudic ,g^t- Cr -wav ::on plc' e.7Y vinic o.•eln .> z 7T �� e DT 4 or e �� 7 J ,-' ous y was d + o ` ,as v and e r. as a LL : �D 3 !1 ' o Ge; :y n nc on y IL 1 a5 an extension of :Hat. previously approved develop:.:. nt, Cr 3. T'ne prope'"y is locate" in di=e - ,-tat land uses ariC t1he deyeloprlent will be used as a buffer be ^. the uses. p. W liLi'? a PUD, cvera, ll deasj - L✓ for r ,-Sidential developments shall be consistent wZ:n Se-icn - it nc t?�in m 3 —00 or t:Hls ordinance. Individual buildungs or lots w a PUD ay exceed t� ese StanCa_ - CS, provided that density for ..ne .°.npu PUD does :or - -Yceed the pe=' — Led Stal!da CS. C. "e'.v C'<5, p =ferS an d Z' pS�_p'S wi't1i:.i a _ L'D shall ue CurJist%.^:t with .: On 3 5 --tJ t0 35-' 1 -4 and Section 35 -700 of this crdH:-Lance ur tess the developer can demons ate to the. C17; 's Satisfac`oII Hat a less, - Lar:Ga'd Sh C =1d be pe--�i w ^th t*�e adcLucr. o a screer?rg .Y - �,:.� treatmen or otter ^lam Clue y e?St rips. p -� 'ded " a P nai ^nc ?-' c re — U -men for .1ses w UDI s� l be c� isze— w� h the part n� q 'L costa wed i_� Section -7C -. of s ordi__ -, =_less the developer ca-- d - .-OnS ate to the City's satisfacucn that a lesser sta,.dar1d Should be pe =it;ed on the grounds of the 0f pe -'{ pa_' = e:n?ndS by he ',:S - S wit?'? �e PUD. The Cie✓ - Lay - dui, e ;ec =tips Cf .. C1 ,e Coyenan: li_Wting _ cue ��e o grope -y to these T1ses `iv' CCn ._ e - WS :{:_? r�� 'jz :t' Or 'Ni?Cn are Ct7er W:Se approved tV t %e • C;t;J S�! ^divisio-! Genemi Standards. a. i :1e � ity Tlav allow' mT:ore L an. one p nCiOa! 'bui:di-S, to be conszrac'e-d on each ptaned !OC w:ti In a PUD, b. A' PUD which involves only one !a-rid use or a sine housincr type may be permitted provided that it is otherw se consistent with the p=oses and objectives or this section. c. A PUD may only contair_ uses consistent with the Ciry's Comprehensive Plan. d. All property to be included a PUD sl all be under unified ownership or control or subject to such !e�al restrctiens or cove ^�v as ,,:ay be necessary to ensLre co:�ipliarce VI;t`i t` e aparoved development p!az 2zd site plan. 1 ne ti i queness of each PUD r!2quir s that $peCificaiions and standards for sweets, ut'. t public facilities and the approval o� !and subdivision may be subject to rnodifications from t:^_e City Ordir_ances Qene: zove=.g them. i ne City Council may, therefore, approve SC.'..etS, lliillCieS, DL'bl:c facili :eS an'' lard subdivisior_'s '�y^Ich are r10t I, COI^'- na.T'_C° wiL usual Spec;flcatiOnS or Ordu a , c' ! rtzu, where it is fourid that such, are n require`? �_ 1_y._.,.. _re.__e, "u not L_ t�.. IiiCe;eSi$ Cf t`ie reSldeL S or c_ _ ~e. Utv. . C, b ?S C^ pplICarion and Rev: '.v. a. l p!eL'ieIlt'_tioP. of a PUD s a_'l be Cori polled by W e ' +e;loprne plan. 1 Cie dev -1 cu nest_ - 1 -c r a�n- ,.a.ti "^,n � i'4' ifl i'� ' i -clan may be act3rov d or dis , .iv . Y by C � COLicil after eva ation b v the Com- mission. Submussi0n of t t Cevtlopment P"an shall be rn.ade t0 the Director of P1?.n" inc and L speCt':ori Or. such f - c — r — and acc0in:;=eR by SUCL 1^Lor:;ia: ion a-rid doc = —_ tailor as t'i'le C17y m ay, deem necessary or ccnveRient, but s:.all Lich de at a r:ilnlrn= the foilow_nq. 1. St:r eel and utility locatiCis _-rd sizes; I �I ^c,e piay mC uc�nQ lCCat`CR ar:d S1 Cf p10eS anc. `.vater s a ea s; ta. ^escape Jlzn' . 7. Coven- or O,�er ..'.5:_...'��.�, ^ ^'�QJ.'.� s. Site clati sinoWing _he loca for of all 5�: =Ct 1reS arid barking artas; 9. Building renderings or e(eva tlor: dravri _gs vi all sides of all bulldings to be corsz,icted in at least the first phase cf development; and 10. Proposed underE z0r :g c(assI cation. or classiiicati0ns. Such in orrnation may be in a pre ?il - ninu corm, but shall be sufficiently complete a:.d accurate to allow an evaluation o` the development by the City. b. Tile Pl?sn ins Commission sh_1 ;I h old a public hearing on the development plan. Notice oz such public hea shat( be publislin-ed in the ofilcial newspaper and actual notice shall be mailed to the applic ,.t and adjacect property owners as required by Section 35 -210 of this ordinance. The Pla -ning Co='!ssion shall review the development plan and mW' {e such °°�- - r the plan Within the tune limits rec0mnieadat $ c d a, �rocriate : lr .on �s t .. � � P . established by Section 35 -210 of :l_;s ordinance. C. Follo` ing recelc: 0 ::.hie rec0rcll- ercarl0n$ of :he Plan ^? Commission, the City Council sI all hold suc hean..r:Q as it de -teas prODnate rtgardi -ag Lh? matter. 7 -Lae Cl:f Council shali aC: upon the de_v eloc: ;:ear time !'=:$ establiSh ed by Section, -210 02 t�ms Or�L ^a ^Ce. 4pproval or.:h Ce` +'e'tCp *en plan S hall CCnst_t� ?e reZvr?IIc of the p*'v z �% i0 • P UD and Concept?,. 1 - _rova. CI a ~° ..le.: tats OF the plate.. In additl0n to the g'lldel.Iles , nr v e Se c : �- n - t `+: ord; ^_ance, the C:tv Ccun ci' s a i1 base iiS achods o th .0 .C...i 1I1 ..� r Oi _..5 v. S.. o . 3- _Oo r i v > r..ZOr:.LriQ upOrl the :O :IoW'r:,g 1. Compatibility of tide plan wi:.^ the S ?andardS, pu. - poses aid' inte_n:Oi t`;S S°C'101; ' e 2. Consisteacv of te plarl Wi t he goals and policies of the Comprehensive Plan; 1 ne im cact C? ' e 71a = or *_he : e: -^ Corhood In W" it is to be located; a=d G He adequacy ade �'^CV t: " ^ ^' %a ti0n, uses, der - .dues, cl.rculauOP_, par! g'ac Of La . al s.te or; public faclli * reCr .iCna a:e =S open Spaces and buffering and landsca __Z J : e CI:; Cou-icil may 2 �C:i SuCn CCr.d:::OP.S t0 its _.JDfOV.....S it LT :a, d..�.,..__�. , __ CO Bert.., a C c o rnpli s- _'n 7u:uCSeS d. PrlOr t0 COnS:Ti C�:On CIl a u .:e ZCnen P=, the developer shall seek plan au, - pL2suai:: to 5 - , ' On 35 -230 - � $ CrC y�C °. i;_ addiCOri t0 ` IOry ati0r: SpeCir_Cally required by I� �� Sec e 3 ='30 e �eve:oce- shah subr it suc of:_:ation as may be deemed necessa:; or co ^yerie ^.t by ^:e ~ Cr to e.v .ne Consistency 0= :`_e proposed deve ?0�- wdl u approved devel00Me ^:t ian. 1P.e ciar subrnined for apprpVal purSUaP :t to S C'�ii0n 35-230 shall be 1P. substantial cc. :cliance With the approved development plain. Substan compliance shall mean that Oull s, padding areas and roads are in essential uhe sx location as CreV;Ousl f approved; the numberof dwelliP_gr units, if any, has not increased or decreased by more t:`:an 5 percent; the floor area of nonresidential areas has not been increased or decreased by more rhan 5 percent; no building has been increased in the number of Boors; open space has not been decreased or altered from its origirlal design or use, and lot coves --e of anv individual buiidin, has not been increased or decreased by more than i0 percent. e. Prior to construction on any site zoned PUD the developer shall execute a development a m a form satisfactory to the City. f. Applicants may combine development plan approval With the plan approval required by Section 35 -230 by submirtin� all it orn ation required for both si :.:ultaneously. Cr Ge, approvai of the development plan and the plate approval required by Section 33 -2"0, notHLao = shall be conscted on tine site and no building pe pits shall be issued except in cor�oin' wZrh uhe approved clans. _. if w�tuin i? r oP :ths fen ?cVV�_z approval by tH. Ciry Cour_cii of the develoome pian, no bLiiCi ^c De �� :5 �iaVe bee : Ob'? :ed Or, li 1 inOntnS a`� ISsuar;ce , ir v no h as cc=eric CA `he area aDDroved i0r tae PUS dis%ilct the Cl1 Cou:- -cil n av in'_tia e ..,zoP 0: t e p:oDe v. i. A-av �:.ajor _ n- nd:nent t0 the development Dian may be approved by the City Council C ij W'1+TQ h. dn r+ .. - c dit e ci d h se la e1 ^ loLC � t :.., same rc�.� an � � Dr�ce..�r s spe.,Lie ir_ t se..tio am d: shall be considered rnaJor if it Involves any change seater than that pe^T._..ined by subdlvfsiOa 5d of 'pis section. Chances wEic,_ are dete— m-L by lie City Council to be n'? 'Or may be mac II approved by tae Pia' 'r :� COiurriission are. such. notice and Lie as may be Ce° tied aDproc at by the Pia ^? =� COr._1 ssion. 1 • BROOKLYN CENTER, NUNN. Regal Cinemas Application for PUD /C2 - NWC Hwy 252 & I - 694 General Proiect Description Regal Cinemas of Knoxville, Tetinessee and its regional developer, Centres Group, LTD of Minneapolis are seeking the approval for an 85,000 square foot, 20 screen, 4,762 seat theatre at the northwest corner of the Interstate 694 and Minnesota Highway 252. Through a joint development agreement with TOLD Development of Minneapolis, the total redevelopment area would be approximate) seventeen P Y 17 acres. Centres would use ( approximately fourteen (14) acres to construct the theatre, off - street parking, and all appurtenances, and the remainder would be developed as outlots by TOLD. 'F e theatre that is proposed for the site would be state -of -u e -art mega - plex with full stadium seating in all u h meet a a u d itor i ums . T'ne project will requi - v g, _l. m.,,,t all reaLi...m....ts of .,i� 2orun.. setbacks are�n space, e tc. , P J , , � u t , • however a PUD proposal is required for the follo%�ing reasons: (a) Regal wzli require a 4:1 on -site parking ratio (I parking stall per 4 theatre seats), which is less than the current code, and (b) Brooklyn Center requires a special use permit for theatre usage in spite of the appropriate zoning and the fact that the development would remain consistent with the existing comprehensive plan. The foilowina additional information and comments are intended to further describe the ct r proj and provide '�g, r g redevelopment. p ) pertin irz�ornatlon _� ard.�Z this r.,o.eveP P ., � P ExisrLna Land Uses The entire site is currently zoned C2. The property as it is currently used is a mixture of older under - performing businesses; several small businesses of varying types and some older single family houses. 1 The proposed redevelopment site would be a consolidation of nine (9) privately owned • properties, and would require purchasing a small City owned lot, plus re- conveyance (turn back or vacation) by the City of all those parts of street rights -of -way for 65' Street lying east of the east line of Camden Avenue to the N4nDOT right -of -way, and North Lilac Drive lying south of 66` Street and east of the east line of Camden Avenue. It would also require City cooperation in obtaining turn back of excess right -of -way along the east and south sides of the site, from the INlinnesota Department of Transportation (�IvInDOT). The nine private properties are listed below. 1. 6357 and 6351 Lilac Drive North (Lynbrook Bowl and Schwalenberg) 2. Vacant land at southeast corner of Camden Avenue and 65` Street J. 6525 Lyndale Avenue North (Beacon Bowl) 4. 430 - 65`� Avenue North (auto body shop) 5. Vacant land between Beacon Bowl and tllne three houses on Camden Avenue 6. 6500 Camden Avenue North (single family house) 7. 6506 Camden Avenue North (single family house) S. 6512 Camden Avenue North (single family house) 9. Vacant land at southeast corner of Caraden Avenue North and 66' Street (adjacent to Supera-nerica property). Negotiations are under way with the State to acquire the required excess right -of -way. Agreements with the City as a part of the apnrovai process would be required, to re- convey the streets and excess right -of -way, as well as to purchase the City owned lot. Project Benefits Redevelopment of the site would create multiple benefits to the city of Brooklyn Center, including the following: (a) Placing tax exempt City owned vacant land and under -used sleet right -of -way property • back on the tax rolls. (b) Replacement of existing low tax base real estate with higher basis new facilities, creating additional increment to the existing TIF district. i b (c) The use would generate additional patronage to existing local businesses and would create sales tax revenues far in excess of those now generated from the site. (d) The redevelopment would create a landmark property on a site which currently appears under -used and deteriorating. The vitality of the theatre facade and the view -lines from all roadways introduces a prominent new feature to the city streetscape, at the main gateway to the City. Traffic/Parking The theatre on this site creates a very strong traffic draw. However, the benefit of this use is that the traffic would be primarily off -peak, which would have the effect of adding little or no additional traffic congestion. The concept of the new megaplex has evolved out of theatre • operators' desires to create q uality ex p eriences for their p atrons. The show times a t tae ed p q ty p p s v � r a intervals to prevent congestion in the roadways, in the parking lot, at the ticket booth and at the concession stand. Regal wants repeat customers who are happy with their experience and are comfortable with the theatre's fimetionality. Unlike the new theatre in Coon Ranids the location of which requires all left turns to access a nearby highway, this site will have the more desirable traffic patterns involving right tuns to access the adjacent major highways, when exiting the theatre. We are attaching several studies done regarding both traffic and parking for other municipalities in the Twin Cities. The studies basically support two elements critical to this development: (a) Ou -peak traffic generation, and (b) 4:1 parking is more than sufficient for the theatre usage. • 3 Proiect Schedule If approved by the city this project would commence construction. within 30 days of final approval. A spring of 1999 opening is projected for the theatre based on the current submittal. Due to the fact that the owner of the Beacon Bowl would like to have a gradual retirement from his business, and leisurely say goodbye to his long -time customers and friends, we have agreed to close on the purchase of his property but let him remain in operation until April 30, 1999, the end of his bowling season. Therefore, the onsite storm water storage would be temporarily located on the northerly outlot site. The permanent storage facility would then be built, in the location shown on the site plan, as soon as the property is vacated, which should be approximately the time of the theatre's opening. The theatre is of primary concern at this time, however, development of the outlots is -1 , ^ P + re an�.�.pated to follow very quickly. W„ have done no solicit but have already re�.,ived strong f interest from two sit -down restaurants. Summary This site allows Regal Cinemas exactly what it wants - a high visibility, easily accessible, c commercially zoned ro erty in a community with impeccable denogra hics. The project P P ,� P P J allows the City a redevelopment completely administrated by the private sector, creating revenues and tax generation far in excess of t1ie existing uses, with a cornerstone project visible to all freeway users, and vet convenient to community residents. • a C E NN T R E S_ G R 0 U P, _ L T D. FL, A member of the Centres Group July 7 1998 Nfx. Ron Warren Planning and Zoning Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, ?NN 55430 -2199 Re: Regal Road Development Addition (66` Avenue North and Camden Avenue North) Dear Ron; As of one the co- applicants for approval of the above - referenced development, Centres Group Brooklyn Center Limited Partnership, agrees that, as a part ofsuch development, the following uses of the subject property small be prohibited: (i) "fast food." restaurant- 0 gas station; and (iii) convenience store. Further, simultaneously with the recording of the proposed plat of subdivision for the subject property, the owners of the subject property shall execute and file for record against the subject property a declaration of such restrictions, in a form reasonably acceptable to the City. c Centres Group Brooklyn Center Limited Partnership I<,are A. Birkeland iLS:dmm • Real Estate Development and .N anagement %�; 0 iiigaazy 5;, Suite 1�0. Minn apolis, M\ � =427 (612) 5 41 - 1 991 Fax (61 5»1 -1266 i W VdCN.1S V �.� r^lLE 2CC SE: C24 rER S "A L7- "V S5T iQ 61 219G.2Jpp ax 325 2 6 � ?Ctv July 6, 1998 RE: Brooklyn Center, Nfinnesota Proposed Brooklyn Center Multiplex SEH No. A 1 3ROCT9801.00 M Scott Brink DD I Citt y Engineer City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, NLN 55430 Dear Scott: As requested, we have completed our retihetiv of Lhe tral�c related impacts of the proposed theater multiplex located in the southwest gr,draat of the TH 252 intersection with 56th Street in the City of Brooklyn Center. Specii caly, we have :oc,:sed on the traffc generated, by the proposed development, 66th Street operations, and parld—cg requireme>,ts. Background As shown in the proposed site plan., sent to us via fa.: on June 18, 1998, the development would consist of a 20 screen /4,762 seat multi- Screen theater, and t:`:ree separate pad sites which are andcipated to be developed as sit -down restau*-arts. The proposed theater is shown on the sire plan to have two access driveways located along Camdenc Avenue. While the pre- hirinary site plan does not currently show the driveway locations of the restaurant pad sites, it is assurned that the two pads locat-ed in, mediately to the north and the south of the proposed theate mde r would each have a driveway on Can Avenue. The rernaining restaurant pad site was assumed to share a driveway on 66th SL-e--t, with the existing Super America gas station. Traffic Volumes Estimated weekday and p.m.- peak hour (of the adjacent roadway and that of the site) trip generation volumes for the proposed development are shown in Table 1. The vehicle trips generated by the proposed development we,;, based on the rates contained the Sixth Edition of the Institute or Trarspor"tion Engineers Trip Generation, 1997, as we'll as local rates (if known) for the specific land use and intensity. A 10 percent reduction was applied to the restaurant trips to account for multipurpose t of is between the various on-site establishments. 11 is anticipated that approxim,c;tely 80 perczn. of the i aiitC enter - ing and exiting the Site will do 50 L'sIli° 66Ch S[�ee to the east. The remain:;.? 20 Dercent w;Ii likely use 66th Street to the west of S -CR i Q �:vCRlC� c�,v 1r C. .1AtNrd�,;, =fir 's !.+ry S; C��!.'., Mr. Scott Bripl< July 6, 1993 Pa -t 2 Camden Avenue. This is based on the connections to the metropolitan roadway system, general flow of traffic, distribution of residential areas, and availability of services within th6 immedia* �e Twin Cities metropolitan area. The p.m. peak hour of the proposed development will likely coincide with peak hour of the theater. Based on r ecent representative counts tak at a local multi- theater complex, the peak hour of the theater is anticipated to occur between 6:50 p.m. and 7:30 p.m (after the p.m. peak hour of the adjacent roadways). Therefore, the site generated tea=k was added to the adjacent roadways for both the p.m. peak hour of the adjacent roadway and the p.m. peak hour of the proposed development. The proposed development will have the greatest impacts on the Ieft turns in from westbound 66th Street and the outbound right turns onto 66th Street at the Camden Avenue intersection and the anticipated shared driveway between the ex&jng Super America and the proposed .m. e 1� g posed restaurant_ DLLrl_nQ the p p hour of the adja cent �ac..nt roadways, we esrrnate that ther well be 192 westbound left turn s onto Camden Avenue and 9') left rums into the shared driveway off of 66th Street. Right turns onto 66th ST from Camden Avenue and the snasc d driv,, way ar„ estirnated at 110 and 82 vehicles, respectively. The curving movements are ancctoated to s;niLcantly increase during the p.m_ peak hour or the � e l p.opese,. develop articular) at the -, t"t - Pf particularly 66... 5..��� tn,.,.sdon w'- , 117 Camden Avenu i _ A �e. It is estimated that 602 vehicles w 'ill make t w..,�eun P 1- ,., .d ...rt turn onto Camden Avenue and 512 will make the northbound right turn onto 66th Street, during the share the p.m. peak hour of the proposed development. Volu v- a -P meJ at d dnvewav on 66th Sleet wi1� also likely increase at a lesser extent. It is estimated that 111 westbound left . e er ft ns into the shared driveway and 102 northbound right turns onto 66th Street wT1I be made during t15e p.rn. pear hour of the proposed development.` 60th Street Operations AS the estir:; a and volumes indic the roposed develo meat will Likely a f .c ". , , P p y h..ve a,i impact on the ooe:aCOrs of 6otln Street; particularly at the Camden Avenue intersection. Given the existing lane COnfl,.srazion, traffic control, and the site ;eremted tra1': during the g.rn. peak hour of the adjacent roadways, the intersection of 66th S °t and Ca, tdea Avenue will Likely operate at an acceptable level of service "A ". Considering the peak hour traffic generated by the proposed development, the intersection will operate at a level of service ".c ", with the stop - controlled northbound left turn operating at s Level of service "F'. In other words, while the e;.isring lane c onfigurat ion and tr...frc control may be able to accor� the �affc volumes genera ed by the proposed development dunsg the P.M. peak hour of the adjacent roadways, they will not be able to accommodate the traffic generated by the proposed development's peak hour. Pre1L -ur'47y investigation reveal d tl at a Gu 'c sibnal may be w ^ar;altcd at the interse of 66th StTect with Camden Avenue, as a result of the site generated 0. m. peak hour satfic alone. Assuming • $ r q: ali "anon, the intersection of 66th Street and Camden Avenue will iiloly operate at a Level of servic e A „ 'iven site C'ene�;red =FF- •� r , c �t” �t ',n .tC p.m. pe� c hour of tie adjacent roadways, and a qtr. Scott ErL ^i.K July 6, 1995 Page 3 level of service "B" given the peak hour traffic generated by the proposed development. it should be noted that this analysis considers the intersection of 60 Street and Camden Avenue independently, without considering the effects of the turn lane storage requirements and the potential vehicular queues that may occur, especially if the intersection is signalized. Currently, there is adequate * storage in the sniped two- -way left -turn lane to accommodate approximately IS westbound left - turning vehicles on 66th Street before access into the existing Super America is partially blocked. As a general rule, dual left -turn lanes should be considered when turning volumes are equal to or greater than 300 vehicles per hour, or when the requirements for storage make the turn lanes extremely long. At unsigna?ired intersections, run, lanes should provide enoug storage length to accommodate the number or vehicles anticipated to arrive ill an average two - minute period during the peals hour. At signalized intersections, turn lane storage lengths should be based on the average number of vehicles that will need to be stored per signal cycle times a safety factor (usually 1.5 or 2.0). Considerzg the exisdrg, unsi. 1 ;T d intersecdcn operation and the peak hour traffic of the proposed development, &,e westbound left turn Lane on 66th Street at Camden Avenue should accommodate 22 vehicles (or be roug 550 feet in length Assuming twat a traffic sisal with a 60 second cycle length is i nstalled at this intersection, the lei turn lane should be able to accommodate 77 to 22 • ve111C1eS (Or appro mately � � ` t0 »'� feet ir l onorh), deDen(...:.ng on t1he safety factor used. Under either scenaho,,it is likely that 66th S -aeet will not be able to accommodate the t: volumes ;generated durin.g the proposed developmzr.['s teak hour without impacting access in and out of the e.�dsdng driveways betwee:r Camden Avenue and Highw7!y 252. Revised roadway and/or intersection geometaics, such as a dual westbound lei: turn lanes are a likely solution; however, they would regt.�re the widening of 66th Street and there may not be sufficient distances or widths to develop the dual left-tu_Tn lane using standard taper lengths. Access along both Street may also new revisions. The Camden Avenue intersecdon is located approximately 700 feet wtst of the existing signed Highway 252 ingestion on 66th Stre—et. There are currently four driveways located along 66th Street, be tween these two int ersections (three on the nosh and one on the south side). As pan o` other studies for the City, we have suggested that the installation of a median and access revisions 'such as shared drivewa along 661h Street may be required in order to help channelize ti2fnc ari d reduce the overall number of conflicts as traffic volumes increase due to potential redeve lopment in th area. In order to reduce the conflict arer between vehicles entering development on both sides of 66Lh Street, it is recommended that the potential shared driveway between the exsdfng Super America and the proposed restaurant be aligned with the driveway located on the ncr ,h side of 66th Street. Due to the nature of the land uses proposed as py.- of this developmcat, the ma jority of the additiona • traffic added to the Highway 252 irte eaion with 66th Street will tend to occur after tl:e roadway's p.m. peak hour and be oriented to and from: the south on Highway 252. This will result in heavier, but n0(i- conriicting norribound left turns and eastbound right turns at ,he in: °_rse=lon. Alternative Mr. Scor, Brink July 6, 1998 Page y a" • land uses proposed for this site, which included office space, tended to increase traffic during the roadway's peak periods, as well as adding to the number of eastbound left turns, which would direcuy conflict with the northbound left turns. While the theater/restaurant land uses of this development proposal will likely have less overall traffic related impacts during the peak periods on the Highway 25166th Street intersection than multi -use developments with substantial office type land uses, the shear number of vehicles making the ncmu boLuid left turn onto 66th Street during the proposed development's peak hour wU likely be a problem, too. Parking Requirements The proposed site plan shows that 11.74 parking spaces are provided for the theater complex. We have reviewed several sources including the Institute of Transportation Engineers Parking Generar.'an (1937), the Urban Land Institute's Sizared Parking (1983), and data from Northwestem University's Traffic institute, and have determined that the proposed multi- theater com will M<ely require approximately 1,155 parking spaces during a ty - pical peak period. We therefore conclude that the 1,174 parking spaces provided will adequately se:ve the proposed multi- theater complex. It should be noted, that the parking req uirem ents T Ire T menu o_ the tl��e restaurant ad sites, an - q p d the potenaal for shar Pal dn between the proposed land uses were not studied as part. of this analysis. If you have any questions regard= the informaror. provided in this lever, please feel free to contact us (Glen at 490 -2045 or Join at 490 2195 RespectfuIly submitted, Short Elliot Hendrickson Inc. c Glen Van Wor P.E. John Nf. Hagen, P.E. Manager, Transportation Depart ent Transportation Engineer j Li h Enclosure <1TR, \; 'SV InGG*N.tL.(ailt3.vNK.^c� Table 1 TRIP GENERATION ESTIMATES PROPOSED MULTI - THEATER COMPLEX BROOKLYN CENTER, MINNESOTA P.M. Peak Hour of P.M. Peak Hour of Adjacent Roadways Generator Daily Land Use Size Trips In ( Out I Total I In I Out Total Movie Theater with Matinee 1 4,762 seats 3.100' 4 183' 1 103' 296' i 72 0' 1 566' 1286 Sit -Down Restaurant 6,000 SF 780 i 39 I 26 65 I 64 52 116 Sit -Down Restaurant 6,000 Sr 790 39 ( 26 65 I 64 ` 52 116 Sit -Down Restaurant 5,000 SF I 650 32 I 22 54 I 53 I 44 97 Existing Super America N/A 2,000 80 80 160 81 81 162 Subtotal ( 7,310 373 257 I 630 ` 982 , 795 1,777 Total Trips Added to Adjacent Roadways` I 6.950 356 240 I 596 I 954 ( 767 1,721 Note: Unless otherNise noted, trip Gene z- cn es i, ,ates are derived form tie vale provided in tte Slxth Edition of the Institute of Transportation Engineers i r?0 Generation'report, 1997. 'Daiiy tr da, itrmcvia treaters should ✓e usad 'Kith Caution, slnca the ra"tc is fused on a fimitac nur ber of studies. ric yrnarctic'n estiMlatF is CaS2d on rs ^rssc'^ I�° coun's at /OC2/ a /ti t!�O_3tarC mot X. • `Ad ust a ,t+ �^ , Cd Ct n 'c� c a �a�; f^ u$ f ad ;Ctai r °f /eCiS �� io !;tLr:i- au�OSC i� a (Cr1 aD..(:..... �O th.- r..Si2:., t (.:rld cs. 4 i Member Gravdon Boeck introduced the following resolution and moved its adoption: PLANNING COMMISSION RESOLUTION NO. 98 -3 RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. WHEREAS, Planning Commission Application No. 98015 submitted by Centres Group Brooklyn n Center, LTD. proposes rezoning from C -2 (Commerce) to PUD /C -2 of 730,192 Suer sq. 76 acres) of land that is bounded on the north by 66th Avenue and the p ft. (16 ) America site; on the east by TH252; on the south by Interstate 694; and on the west by Camden Avenue; and WHEREAS, this proposal comprehends the rezoning of the above mentioned approval for an 85,240 s roe and site and building plan app . ft., 4,592 seat, 20 screen theater q � property P s on proposed a ro osed 13.09 acre site and the creation of two o ther sites, one that is 71,693 q . ft. in area and the other 88,186 sq. ft. in area for future commercial development, most likely restaurant uses; and WHEREAS, the Planning Commission held a duly called public hearing on June 25, 1998, when a staff report and public testimony regarding the rezoning and site and building plan were received; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on July 7, 1998, at the City Hall and recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on July 16, 1998, received an additional staff report and took further testimony during a continued public hearing; and WHEREAS, the Commission considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan. T O Advisory BEFORE BE IT RESOLVED b the Plannm Commission NO W, THE Y of the City of Brooklyn Center to recommend to the City Council that Application No. 9801 o okl y e a p p roved in light o f the followin Brookly Center. LTD. b p submitted by Centres Group y _ P considerations: i 1. The rezoning and planned unit development proposal are compatible with the 1 Planning Commission Resolution No. 98 -3 1. The rezoning and planned unit development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The rezoning and planned unit development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the rezoning and planned unit development proposal will conform with City ordinance standards with the exception of the parking requirement for theaters which requires one parking space for every three seats within the theater complex. Variation from the Zoning Ordinance to allow a parking formula of one parking space for every four theater seats is justified on the basis of the development plan submitted and the operational differences on parking demand that a multiplex theater of this size has which allows the ability to stagger starting times within the theater complex to lessen or spread out the demand for parking over a greater period of time. The applicants have also provided a parking analysis that indicates national norms, local norms, parking generation, and local parking studies all conclude that the standard of one parking space for every four seats is a reasonable standard to apply to this proposed theater complex. 4. The rezoning and planned unit development proposal are considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The rezoning and planned unit development appear to be a good utilization of the property under consideration and the future potential uses of two adjacent properties for commercial restaurant sites is also a good long range use of the existing land and can be considered an asset to the community. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezonings and contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED by the Planning Advisory Commission of the City of Brooklyn Center to recommend to the City Council that approval of Application No. 98015 be subject to the following conditions and considerations: 1. The building plans are subject to review and approval by the Building Official with i s respect to applicable codes prior to the issuance of permits. Planning Commission Resolution No. 98 -3 2 Gradino, drainage and utility P lans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all sianery which is subject to Chapter 34 of the City Ordinances. • 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. agreement for maintenance and an easement a 10. The property owner shall enter into � inspection of utility and storm drainage systems, prior to the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 12. Approval of this application is subject to the applicant complying with all of the requirements and regulations of the West Mississippi Watershed Management Commission with respect to this site. The storm drainage system shall be acceptable to the Watershed Management Commission and the applicant shall comply with any conditions imposed by that body prior to the issuance of building permits for this project. 13. Ponding areas required as part of the storm drainage plan shall be protected by approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building permits. Planning Commission Resolution No. 98 -3 14. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of ; building permits. Said agreement shall acknowledge a parking ratio of one parking space for every four seats in the multiplex theater and shall acknowledge all conditions of approval and assure compliance with development plans submitted by the applicant. 15. The area identified on the site plan as "pad site 2" and "pad site 3" shall be seeded in a manner to allow appropriate maintenance of this property pending future development. Future development of this area is subject to amendment to this planned unit development. 16. The applicant has agreed and the City acknowledges that it will not allow the development of "pad site 2" and "pad site 3" as a fast food /convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 17. The construction and cost of all traffic control improvements related to 66th and Camden Avenues due to the project shall be the responsibility of the applicant including, but not limited to, traffic signal, median extension, traffic control structures, and any necessary ri -of -way. This shall be acknowledged in the development agreement. 18. Vehicle access between the theater parcel and the proposed Lot 3, Block 1, Regal Road Development Addition and between the theater parcel and the Super America property is prohibited. The applicant shall provide a physical barrier, acceptable to the City, to prevent such cross access. C YZ Date Chair 1 ATTE �: --- �-���� Secretary F • I mo_ 4 Planning Commission Resolution No. 95 -3 The motion for the adoption of the foregoing resolution was duly seconded by member Stephen Erdmann and upon vote being taken thereon, the following voted in favor thereof: Commissioners Willson, Reem, Boeck, Newman, Erdmann and Nelson. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted. • Member introduced the following resolution and moved its adoption: CITY COUNCIL RESOLUTION NO. RESOLUTION REGARDING RECOMMENDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 98015 SUBMITTED BY CENTRES GROUP BROOKLYN CENTER, LTD. WHEREAS, Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. proposes rezoning from C -2 (Commerce) to PUD /C -2 of 730,192 sq. ft. (16.76 acres) area of land that is bounded on the north by 66th Avenue and the Super America site; on the east by TH252; on the south by Interstate 694; and on the west by Camden Avenue; and WHEREAS, this proposal comprehends the rezoning of the above mentioned property and site and building plan approval for an 85,240 sq. ft., 4,592 seat, 20 screen theater on a proposed 13.09 acre site and the creation of two other sites, one that is 71,693 sq. ft. in area and the other 88,186 sq. ft. in area for future commercial development, most likely restaurant uses; and I WHEREAS, the Planning Commission held a duly called public hearing on June • 25, 1998, when a staff report and public testimony regarding the rezoning and site and building plan were received and the Planning Commission continued the public hearing and referred the application to the Northeast Neighborhood Advisory Group for review and comment; and WHEREAS, the Northeast Neighborhood Advisory Group met to consider this matter on July 7, 1998, at the City Hall and recommended approval of this planned unit development proposal; and WHEREAS, the Planning Commission resumed consideration of this matter on July 16, 1998, received an additional staff report and took further testimony during a continued public hearing; and WHEREAS, the Planning Commission recommended approval of Application No. 98015 by adopting Planning Commission Resolution No. 98 -3 on July 16, 1998; and WHEREAS, the City Council considered Application No. 98015 at its July 27, 1998 meeting; and WHEREAS, the City Council considered the rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development 1 • City Council Resolution No. ordinance contained in Section 35 -355, the City's Comprehensive Plan, and the Planning Commission's recommendation contained in Planning Commission Resolution No. 98 -3. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 98015 submitted by Centres Group Brooklyn Center, LTD. be approved in light of the following considerations: 1. The rezoning and planned unit development proposal are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The rezoning and planned unit development proposal will allow for the utilization of the land in question in a manner which is compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those permitted on surrounding land. 3. The utilization of the property as proposed under the rezoning and planned unit development proposal will conform with City ordinance standards with the exception of the parking requirement for theaters which requires one parking space Is for every three seats within the theater complex. Variation from the Zoning Ordinance to allow a parking formula of one parking space for every four theater seats is justified on the basis of the development plan submitted and the operational differences on parking demand that a multiplex theater of this size has which allows the ability to stagger starting times within the theater complex to lessen or spread out the demand for parking over a greater period of time. The applicants have also provided a parking analysis that indicates national norms, local norms, parking generation, and local parking studies all conclude that the standard of one parking space for every four seats is a reasonable standard to apply to this proposed theater complex. 4. The rezoning and planned unit development proposal are considered compatible with the recommendations of the City's Comprehensive Plan for this area of the City. 5. The rezoning and planned unit development appear to be a good utilization of the property under consideration and the future potential uses of two adjacent properties for commercial restaurant sites is also a good long range use of the existing land and can be considered an asset to the community. • 2 • City Council Resolution No. 6. In light of the above considerations, it is believed that the guidelines for evaluating rezoninas and contained in Section 35 -208 of the City's Zoning Ordinance are met and that the proposal is, therefore, in the best interests of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to approve Application No. 98015 subject to the following conditions and considerations: 1. The building aps are subject to review and approval b the Building Official with g P J PP Y g respect to applicable codes prior to the issuance of permits. P PP P P 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure completion of all approved site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system t g 5 Y o meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to release of the performance guarantee. 10. The property owner shall enter into an easement agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center standard specifications and details. 3 • City Council Resolution No. 12. Approval of this application is subject to the applicant complying with all of the requirements and regulations of the West Mississippi Watershed Management Commission with respect to this site. The storm drainage system shall be acceptable to the Watershed Management Commission and the applicant shall comply with any conditions imposed by that body prior to the issuance of building permits for this project. 13. Ponding areas required as part of the storm drainage plan shall be protected by approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building permits. 14. The applicant shall enter into a development agreement with the City of Brooklyn Center to be reviewed and approved by the City Attorney prior to the issuance of building permits. Said agreement shall acknowledge a parking ratio of one parking space for every four seats in the multiplex theater and shall acknowledge all conditions of approval and assure compliance with development plans submitted by the applicant. 15. The area identified on the site plan as "pad site 2" and "pad site 3" shall be seeded in a manner to allow appropriate maintenance of this property pending future development. Future development of this area is subject to amendment to this planned unit development. 16. The applicant has agreed and the City acknowledges that it will not allow the development of "pad site 2" and "pad site 3" as a fast food /convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property. 17. The construction and cost of all traffic control improvements related to 66th and Camden Avenues due to the project shall be the responsibility of the applicant including, but not limited to, traffic signal, median extension, traffic control structures, and any necessary right -of -way. This shall be acknowledged in the development agreement. 18. Vehicle access between the theater parcel and the proposed Lot 3, Block 1, Regal Road Development Addition and between the theater parcel and the Super America property is prohibited. The applicant shall provide a physical barrier, acceptable to the City, to prevent such cross access. 4 City Council Resolution No. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • CITY OF BROOKLYN CENTER Notice is hereby 'v g . given that a public hearing will be held on the day of , 1998 at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an 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 (REGAL THEATER) 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 -1190. COMMERCE DISTRICT (C -2). The following properties are hereby established as being within the (C -2) Commerce District zoning classification: T4tat -are,- bianded by the €ellovviri 66th Avenue 3.3 the - ortf ; Lyndal T cn A „nu., extended) ott the wes+. Lot 1. Block 1. SuperAmerica Addition. 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: 4. The following properties are designated as PUD /C -2 (Planned Unit Development/Commerce): Lot 1, Block 1, Metro Motors Addition; Lots 1. 2 and 3. Block 1. Regal Road Development Addition. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this day of 1998. • Mayor ATTEST: Clerk Date of Publication Effective Date (Srikeouts indicate matter to be deleted, underline indicates new matter.) • City Council Agenda Item No. 9b MEMO To: Michael J. McCauley, City Manager � From: Ronald A. Warren, Planning and Zoning Speci isal t h � cak) Subject: City Council Consideration Item - Planning Commission Application No. 98016 Date: July 22, 1998 On the July 27, 1998 City Council Agenda is Planning Commission Application No. 98016 submitted by Centres Group Brooklyn Center, LTD requesting Preliminary Plat approval to combine nine privately owned properties plus a City owned parcel of land into four lots at the northwest quadrant of I -694 and T. H. 252. Attached for your review are copies of the Planning Commission Information Sheets for Planning Commission Application No. 98016 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their June 25, 1998 and July 16, 1998 meetings and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • Application Filed On 6 -4 -98 City Council Action Should be Taken by 8 -3 -98 (60 days) Planning Commission Information Sheet Application No. 98016 Applicant: Centres Group Brooklyn Center LTD Location: Property Located South of 66th avenue North, East of Camden Avenue North, and North and `Vest of Interstate 694 and T. H. 252 (Except for the Super America site) Request: Preliminary Plat The applicant is seeking preliminary plat approval to combine nine privately owned properties plus a city owned parcel of land and vacated street right -of -way for 65th Avenue North, a portion of Camden Avenue, and that portion of North Lilac Drive that is controlled by the City of Brooklyn Center into three parcels of land. The preliminary plat has been modified from the preliminary plat which was considered and tabled by the Planning Commission on June 25, x,998. The plan no longer reflects excess NfNDOT right -of -way over portions of North Lilac Drive. The purpose of the plat is to create a large 570,313 sq. ft. parcel of land for the development of a 20 screen multi -flex theater and two other lots, one being 71,693 sq. ft. and located southwesterly . of the theater lot, and the other being 85,1 S6 sq. ft. and located northwesterly of the theater lot. The property in question is currently zoned C -2 (Commerce) and is bounded on the north by 66th Avenue and the Super America site; on the east by T. H. 252; on the south by Interstate 694; and on the west by Camden Avenue. The subject property is the site of the proposed Planned Unit Development Rezoning and Site and Building Plan comprehended under Application No, 98015. The properties under consideration are the following: 1. 6357 and 6351 Lilac Drive North (Lynbrook Bowl and Schwalenberg Interiors). 2. Vacant land at the southeast corner of Camden Avenue and 65th Avenue. 3. 6525 Lyndale Avenue North (Beacon Bowl). 4. 430 65th Avenue North (auto body shop). 5. Vacant land between Beacon Bowl and three homes fronting on Camden Avenue. 6. 6500 Camden Avenue North (single family home). 7. 6506 Camden Avenue North (single family home). S. 6512 Camden Avenue North (single family home). 9. Vacant land at the southeast corner of Camden Avenue North and 66th Avenue North (adjacent to the Super America property). 10. City owned property at the southv. comer of 65th Avenue North and North Lilac Drive. i 7 -16 -98 Page 1 11. Street right -of -ways for 65th Avenue North between Camden and North Lilac Drive; portions of North Lilac Drive between Camden Avenue and 65th Avenue North controlled by the City of Brooklyn Center; and the southerly portion of Camden Avenue North. The proposal would divide these properties into three lots to be known as the Regal Road Development addition. Lot 1 of the proposed addition would be 570,313 sq. ft. (13.09 acres) and would be the site of the Regal Cinema 20 screen multi -plea theater. Lot 2 is 71,693 sq. ft. (1.65 acres) and is the site proposed for future commercial development. Lot 3 is 88,186 sq. ft. (2.02 acres) and is also a site for future commercial development. The applicant has indicated that they have acquired or have options on all of the privately owned property in the proposed plat. They are seeking to acquire from the City the city owned property at the southwest corner of 65th and North Lilac and also city controlled right -of -way along North Lilac Drive and a portion of Camden Avenue right -of -way through a vacation process. The City Council must ultimately agree to the conveyance and vacation of these properties before they can h-e included in the plat. The City Council has not vet agreed to the final conditions for the conveyance of this property. If the conveyance is accomplished and the plat goes forward, easements for public utilities in the 65th, North Lilac and Camden Avenues will need to be drafted to protect utilities in these areas. There will be a need for a cross access easement over Lot 2 to the Camden Avenue North cul -de- sac for the ylelrose Gate apartment complex in order to get access to the southeast access to the site. As mentioned in the previous report, the site is required to be review ed by the `Vest tilississippi Watershed ivlanagement Commission along with the Planned Unit Development proposal. This matter should be before that body at their meeting on August 13, 1998. This application was tabled by the Planning Commission at its June 25, 1998, meeting pending review of the Planned Unit Development under Application No. 98015 by the Northeast Neighborhood Advisory Group. That group met to review the proposal and did recommend approval of it at a meeting held in the City Council Chambers on July 7, 1998. It is recommended that the Planning Commission, following a continued public hearing on this matter as well as the Planned Unit Development, recommend approval of this application if the Planned Unit Development is also recomrrer_ded for approval. The approval should be subject to at least the following conditions: 1. The final plat is subject to review and approval by the City Engineer. ?. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 7 -16 -98 Page 3. Appropriate drainage and utility easements shall be drafted and filed with the final plat covering the utilities contained within the existing 65th Avenue North right -of- way, the portion of the Camden Avenue North right -of -way to be vacated and portions of the North Lilac right -of -way controlled by the City also requested for vacation. 4. Appropriate street vacation ordinances must be approved by the City Council prior to final plat approval. 5. The final plat is subject to review and approval of the West lvlississippi Watershed Mana -ement Commission relating to ponding areas and potentially the need for easement areas also. a 7 -16 -98 Pane 3 K<'.Al 3AY IDGAN AVf M ad nbx A',f H } � (� 11 '3AV S3N1 n J It V T `r — ' 'N - iAV Sr ff j r. U _ JAlF S AVf M _ s r i ' I •yl V3 S low p 4 4 44 -" LAVING AVf N ---"'° taY�dtrW V -- I I AVf N 1 I AA N AVE. 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Application File On 6 -4 -98 City Council Action Should be Taken by 8 -3 -98 (60 days) Planning Commission Information Sheet Application No. 98016 Applicant: Centres Group Brooklyn Center LTD Location: Property Located South of 66th Avenue North, East of Camden Avenue North, and North and `Vest of Interstate 694 and TH252 (except for the SuperAmerica site) Request: Preliminary Plat The applicant is seeking preliminary plat approval to combine nine privately owned properties plus a City ow ed - p ty n parcel of land and vacated street right-of-way for 6th Avenue North, North Lilac Drive, a portion of Camden Avenue and excess MN/DOT right -of -way into four lots for development of a multi -plea theater and three additional commercial lots. The property in question is currently zoned C -2 (Commerce) and is bounded on the north by 66th Avenue North and the SuperAmerica site; on the east by TH252; on the south by Interstate 694; and on the west by Camden Avenue. The subject property is the site of the proposed Planned Unit Development comprehended under application No. 98015. The properties under consideration are the following: 1. 6357 and 6351 Lilac Drive North. (Lynbrook Bowl and Schwalenberg Interior) 2. Vacant land at the southeast corner of Camden Avenue and 65th Avenue 3. 6525 Lyndale Avenue North (Beacon Bowl) 4. 430 65th Avenue North (auto Body Shop) 5. Vacant land between Beacon Bowl and three homes fronting on Camden Avenue 6. 6500 Camden Avenue North (single family home) 7. 6506 Camden Avenue North (single family home) S. 6512 Camden Avenue North (single family home) 9. Vacant land at southeast corner of Camden Avenue North and 66th Avenue North (adjacent to the SuperAmerica property) 10. City owned property at the southwest comer of 65th Avenue North and North Lilac Drive 11. Street ri ght -of -ways for 65tin Avenue North between Camden and North Lilac Drive; North Lilac Drive between Camden and 65th Avenue North; and the southerly portion of Camden Avenue North 12. Excess N LN/DOT right -of -way adjacent to I694 and TM52 The proposal is to divide these properties into four lots to be known as the Regal Road Development Addition. Lot 1 of the proposed addition would be 584,933 sq. ft. (13.4 acres) 6 -25 -98 Page 1 and would be the site of the Regal Cinema 20 screen multi -plea theater. Lot 2 is a 72,004 sq. ft. (1.65 acres) site proposed for future commercial development. Lot 3 is a 53,436 sq. ft. (1.23 acres) future commercial development site. And lot 4 is proposed to be 68,094 sq. ft. (1.56 acre site) also for future commercial development. These properties again are part of the Planned Unit Development proposal under Application No. 98015. The applicant has indicated that they have acquired or have options on all of the privately owned property in the proposed plat. They are seeking of the City owned property at the southwest corner of 65th and North Lilac and also seeking right -of -way from 65th Avenue, North Lilac Drive and a portion of Camden Avenue and have requested vacation of these roadways. The City is in the process of negotiating such a conveyance to the applicant. If the conveyance is accomplished and the plat goes forward, easements for public utilities and the 65th, North Lilac and Camden Avenues will need to be drafted to protect utilities in these areas. A need for cross access easements between the proposed lot 2 and lot 1 and lot 3 and lot 1 seem highly likely. Also negotiations between the applicant and the owner of the apartment complex to the west of Camden Avenue include an access easement from the southerly access point on the existing Camden Avenue to the proposed cul -de -sac access to the site. The applicant has also requested the City to seek and convey surplus highway right -of -way from IN1N/DOT for inclusion in the plat as well. All of these matters will need to be negotiated and accomplished before the final plat for this property can proceed. The site is requir: d to be reviewed by the West Mississippi Watershed Management Commission along with the Planned Unit Development proposal and it is anticipated that this will be before that body on their July 9, 1998 meeting. The City Engineer is reviewing the preliminary plat that has been submitted and may have additional comments for the Commission's meeting. A ublic hearing has been scheduled for this preliminary plat and notice of the Planning P � P .P Commission's consideration has been published in the Brooklyn Center Sun -Post. There are a number of things that need to be accomplished prior to final plat approval such as the negotiation and acquisition of public right -of -way and excess ivN/DOT right -of -way. The final plat will need to be approved and filed prior to any building permits for the proposed theater project. It is recommended that the Planning Commission. following a public hearing on this matter, table the application so that it can be concurrently presented to the City Council at the time of the Planned Unit Development proposal under Application No. 98015. Any changes to the site plan may cause the need to alter the preliminary plat as well. 6 -25 -98 Pate 2 Amended 7 -21 -98 • T MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JUNE 25, 1998 CALL TO ORDER The Planning Commission met in a study session called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Edward Nelson, and Dianne Reem were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Rex Newman entered the meeting at 7:35 p.m. APPROVAL OF MINUTES - JUNE 11. 1998 There was a motion by Commissioner Nelson, seconded by Commissioner Reem, to approve the • minutes of the June 11, 1998 meeting, as submitted. The motion passed unanimously, with Commissioner Boeck abstaining. g 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. CENTRES GROUP BROO CENTER. LTD. - APPLICATION NOS. 98015 AND 98016 Chair Willson introduced Application No. 98015, a request for rezoning and site and building plan approval through the Planned Unit Development (PUD) process for a 20 screen theater, and 3 other parcels in the northwest quadrant of 1 -694 and T.H. 252: and Application No. 98016, a request for preliminary plat approval to combine 9 privately owned properties, a city -owned parcel of land, vacated street right -of -way, and excess MN/DOT right -of -way into 4 lots at the northwest quadrant of 1 -694 and T.H. 252, both submitted by Centres Group Brooklyn Center, LTD. Application 98015 was filed on 05 -28 -98 and Council action should be taken by 07 -27 -98 (60 days). Application No. 98016 was filed on 06 -01 -98 and Council action should be taken by 08 -03 -98 60 days). The Commissioners agreed to consider these applications concurrently and to conduct one public hearing for the two applications. APPLICATION Oi NO. 98015 i 6 -25 -98 1 Mr. Warren presented the staff report and used overhead transparencies to show the location of the properties and the site and building plans for a 20 screen theater. This 13.43 acre site is currently zoned C -2 (Commerce) and is located northwesterly of Interstate 694 and T.H. 252. In addition to the theater, 3 other sites will be created for future development - most likely for restaurant uses. (See attached Planning Commission Application Information Sheet dated 06- 25 -98, including revised pages distributed at the meeting). A PUD /C -2 zoning designation is being requested due to the extent of the applicant's proposal and their desire to seek parking for the theater on the basis of 1 parking space for every 4 seats versus the ordinance required 1 space for every 3 seats. The requested parking ratio would be allowed through a finding and development agreement. The applicant owns or has acquired options on all the properties involved. In addition, Centres Group requests acquisition and vacation of 65th Avenue North from Camden to North Lilac; North Lilac between Camden and 65th Avenues; and a portion of the south end of Camden Avenue. These pieces are owned by the City of Brooklyn Center and /or MN/DOT, and negotiations for these are underway with the State and City staff. Mr. Warren described how the proposed PUD adequately meets guidelines A through I of Section 35 -208 of the zoning ordinance. He stated the proposal appears to meet the City's comprehensive plans for commercial development of the area, and that the project may lead to upgrading the area through private development of a highly visible cornerstone project benefiting residents through increased revenues and tax generation. The PUD procedure allows the City to restrict uses of the properties through conditions attached to the development agreement with the applicant. Mr. Warren noted that an update of a 1997 traffic analysis in this area is in progress. He described the access and parking for the site. With respect to parking, he referenced an analysis submitted by the applicant "Multi- Theater Parking Brooklyn Center, submitted by Parsons Brinckerhoff, May 28, 1998." This document concludes that 1 parking space for every 4 seats in a theater is reasonable given the nature of the multi - theater complex business. Exception under the City's parking formula for public assembly allows 1 parking space for every 4 seats for a motion picture theater located in a retail shopping complex of 50,000 sq. ft. or more. The site requires watershed management commission review which is scheduled for July 9. A new concept is being proposed by the applicant for drainage which involves a subsurface holding area. The grading and drainage plan is not finalized, however discussions continue with the city engineer, and is ultimately subject to the review of the watershed commission. Sewer and water services to the proposed buildings are currently in place. A revision to the landscape plan provides additional trees along the 252/694 right of way. The exterior of the building will be a combination of brick and .- g Y g other materials. Proposed signage requires modification to meet City codes. In view of outstanding issues /deficiencies that remain regarding the application, Mr. Warren recommended that the Commission discuss the proposal, open the public hearing, and table the application. The procedure for rezoning provides that following the Commission's public hearing, 6 -25 -98 2 the rezoning and site and building plan be referred to the Neighborhood Advisory Group for its • review and comment. A meeting of the Northeast Group is scheduled for 7:30 p.m. Tuesday, July 7, in council chambers. Under State Statutes. unless waived by the applicant, the city must act within 60 days from the date the application is filed, therefore the Commissioners would again review the application at its meeting on July 16, with final action taken by the Council by July 27, 1998. Public hearings for Application Nos. 98015 and 98016 have been appropriately noticed through the Sun/Post and to neighboring property owners. APPLICATION NO. 98016 Mr. Warren briefly referred to Application No. 98016, preliminary plat approval requested by Centres Group Brooklyn Center, LTD. to combine 9 privately owned properties plus a city -owned parcel of land and vacated street right of way for 65th Avenue North, North Lilac Drive, a portion of Camden Avenue, and excess MN /DOT right of way into 4 lots for development of a multiplex theater and 3 additional commercial lots, which is the proposed PUD comprehended under Application No. 98015. This plat would be known as the Regal Road Development Addition. (See Planning Commission Information Sheet, Application No. 98016, Preliminary Plat, dated 06- 25 -98.) Application No. 98016 is to be considered and acted upon in conjunction with Application No. 98015. Chair Willson called for questions and discussion from the Commissioners. Concern was expressed regarding the tight time frame in which action on such an extensive development must be taken under state statutes. It was noted that while the Council has considered this development in a work session, sale or vacation of City property has not been accomplished and is subject to approval by the City Council. In addition, major items including drainage, lighting and signage remain incomplete at this time. To date, the applicant has not requested a waiver to delay the deadline of July 27. Commissioner Boeck questioned the need for PUD re- zoning at this time. He stated the application appears to be incomplete because it does not include specific plans for the other 3 parcels with respect to lot lines, utilities, etc., and that he would p refer that the development, including all 4 parcels, be prepared and presented to the Commission in a complete package. Mr. Warren explained that he accepted the application based on the provisions of the City's PUD procedure, which has been interpreted and affirmed by the city attorney. It is proper to defer future development in a PUD to be handled as an amendment at a later date when plans have been more finalized. No information is available with respect to current or projected tax receipts or other potential revenues from this development. Chair Willson inquired about the existing buildings on the properties. Mr. Warren indicated the entire site would be demolished before new construction would begin with the exception of the Beacon Bowl, which will operate through the winter. Traffic issues including accesses, site distances. signal lights, costs of roadwork, design of the cul- de -sac, impact on the access to Melrose Gates, were considered. Most of these issues remain unresolved at this time. 6 -25 -98 3 Commissioner Boeck alluded to the City's intention to preserve the integrity of the Brookdale Shopping Center. Construction of a multiplex theater at that location was recently announced, however, its relationship to this application was considered inappropriate. Commissioners expressed disappointment that Application No. 98015 lacks sufficient information on major issues of concern to them and further that those issues are not resolved at this point which inhibits competent recommendations or direction to the applicant. Mr. Warren reminded the Commissioners the application will be considered again by the Commission at its July 16 meeting and that this is a "preliminary" plat and the "final" plat will be considered and acted upon only by the Council. PUBLIC HEARING - APPI,ICATION NOS. 98015 AND 98016 - CENTRES GROUP BROOKLYN CENTER. LTD. There was a motion by Commissioner Nelson, seconded by Commissioner Erdmann, to open the public hearing on Application Nos. 98015 and 98016 at 9:10 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Terry Moses, representing the developer, stated the existing entrance to Melrose Gates is gated and locked and a driveway designed to accommodate a fire truck is being designed, and the appropriate easements are being negotiated with Melrose Gates. He stated that while an extension to the statutory approval time frame may be necessary, the developer intends to make every effort • to fill in the gaps on all the outstanding issues by the date of the neighborhood advisory group meeting (July 7, 1998). Therefore at this time, no waiver is contemplated. Mr. Moses stated fast food, gas stations, etc. are not acceptable tenants on the site. He understands that future development on the 3 remaining parcels must pass through the Planning Commission. An enlarged preliminary color print of the theater together with samples of proposed colored building materials was made available for the Commissioners' inspection. Mr. Kaare Birkeland, representing Centres Group, Ltd., provided information on Regal Theaters, a private company headquartered in Knoxville TN, with successful theaters in 24 states. A new Regal complex currently exists in Eagan, NIN. As prudent business operators, he explained their desire to work diligently to keep the Brooklyn Center development intact. Whether this theater will have 20 or 22 screens, the company's philosophy is customer oriented, and it is believed that a 4 to 1 parking ratio is acceptable. Birkeland pointed out this development will have no loading docks, no garbage, will be heavily landscaped, attentive to adjacent residents, and provide a bright appealing facade and entrance to the City. The rear wall of the "dressed up" theater building will be covered with ivy and lighting will be kept in the parking lots. The Regal Theater signage will be changed from the proposed plan to meet the City's ordinance. Mr. Birkeland described the nature of the theater business noting that parking and traffic will not be an issue because showings do not coincide with other peak traffic times. The developer fully intends to pay for traffic improvements and will work to make intersections and streets workable. Based on the company's experience, they are confident this development will be successful, attract business to the city and area, and be a project • that the City will be proud of. 6 -25 -98 4 Commissioners inquired about use of parking on adjacent lots, anticipated marketing area, and comparison of Regal Theaters with other metro area new multi- screen theaters. Mr. V. Paul Bilotta, representing Parsons Brinkerhoff Quade & Douglas, Minneapolis, commented on the multi - theater parking analysis and explained the congested conditions at the new Coon Rapids facility which involve installation of a traffic signal and poor snow removal at the time of the opening. Coninissioner Newman ointed out some problems with the proposed cul -de -sac noting a possible e o g � p P P P P blind corner, the need for pedestrian crosswalks. etc. Mr. Birkeland indicated that safety is a concern and signage /warning lights are under consideration. He also noted that discussion with the fire chief resulted in some building design changes. Unique center seating for handicapped customers in Regal Theaters was described. Mr. Bob Dilks representing Henry E. Davis, 6500 Camden Avenue North, requested clarification regarding the 60 day state statutory requirement for action on the application and whether the 4 to I ratio of parking would apply to the other 3 parcels. Mr. Moses stated that when the 3 parcels are developed and presented to the City, they will be considered separately from the theater, therefore would be required to meet the City's ordinance for parking on those parcels. Mr. Moses further noted that the applicant was advised to seek PUD approval versus variance approval because the City retains more control over the project under a PUD. • Mr. Dennis Robinson inquired whether this developer is aware of plans for a multi- screened theater at the Brookdale Shopping Center and what impact the proposed Regal Theater will have on existing theaters in the area. Chair Willson explained that the Commission's responsibility is to consider an application on the basis of City ordinances and the applicant is responsible for marketing studies. Commissioner Nelson requested that information on the Eagan facility and completed revisions on the application be available at the July 7, 1998, neighborhood meeting. I 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 Nos. 98015 and 98016. T ACTION ON APP LICATION NOS. 9801 AND 9801 - CENTRES GROUP BROOKLYN CENTER. LTD. There was a motion by Commissioner Boeck, seconded by Commissioner Nelson, to continue the public hearing on Application Nos. 98015 and 98016, refer the Applications to the Northeast Neighborhood Advisory Group for comment and review, and to table to July 16, 1998 consideration of the Applications. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. 6 -25 -98 5 Mr. Warren stated the Northeast Neighborhood Advisory Group will meet on Tuesday, July 7, 1998, at 7:30 p.m. in Council chambers. Commissioner Nelson, liaison to the Group, agreed to facilitate the meeting. Appropriate mailing of notices of the meeting will be made and other interested parties are encouraged to attend. OTHER BUSINESS Commissioner Reem reiterated concerns regarding dead trees, weeds, and general poor maintenance at 63rd and Brooklyn Boulevard, specifically related to Hollywood Video. Mr. Warren indicated that it was his understanding that the property owner has been contacted and analysis of the status of trees will be conducted. He noted the City holds a bond that would not be released until the property meets standards. Reem also reported that work on the new fire station at 63rd and Brooklyn Boulevard has begun. i FUTURE MEETING DATE The next meeting of the Planning Commission is scheduled for Thursday, July 16, 1998. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:50 p.m. • Chair I Recorded and transcribed by: Arlene Berafalk TimeSaver Off Site Secretarial, Inc. 6 -25 -98 6 . MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR MEETING JULY 16, 1998 CALL TO ORDER The Planning Commission's regular meeting was 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. It was noted that on July 13, the Council appointed Mr. Sean Rahn to fill the vacant position on the Commission. APPROVAL OF MINUTES - JUNE 25. 1998 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to approve the • minutes of the June 25, 1998 meeting, amended on page 5, paragraph 6, second sentence to read: "...the application be available at the Julv 7 neighborhood meeting." The motion passed unanimously. (New language underscored.) 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. CENTRES GR OUP BROOKLYN CENTER LTD. - APPLICATI NOS. 98015 AND 98016 Chair Willson introduced Application Nos. 98015 and 98016, submitted by Centres Group Brooklyn Center, LTD. These applications were initially considered at the Commission's June 25 meeting and a public hearing was conducted. At that time, the Commission referred the applications to the Northeast Neighborhood Advisory Group for comment and review, tabled reconsideration to the July 16 meeting, and continued the public hearing to July 16, 1998. Application 98015 was filed on 05- 28-98 and Council action should be taken by 07 -27 -98 (60 days). Application No. 98016 was filed on 06 -01 -98 and Council action should be taken by 08 -03 -98 (60 days). There was a motion by Commissioner Boeck. seconded by Commissioner Reem, to re -open the public hearing at 7:35 p.m. and return Application Nos. 98015 and 98016 to the table. The motion • passed unanimously. 7 -16 -98 1 Commissioner Nelson, liaison to the Northeast Advisory Group, summarized the results of the • Group's July 7 meeting. The five members of the Group and a number of other citizens attended. The Group recommended approval of the Centres Group applications on a vote of 2 for, 0 against, 3 abstentions. (Refer to July 7, 1998 minutes of the Advisory Group.) APPLICATION NO. 98015 Mr. Warren presented the staff report and used overhead transparencies to show the location of the development and the site and building plans for a 85,240 sq.ft., 4,592 seat, 20 screen theater on a 13.09 acre site located northwesterly of 1 -694 and T.H.252. The applicant requests site and building plan approval and rezoning of the property from its current C -2 designation to Planned Unit Development (PUD), which could allow a parking ratio of 1 space for 4 seats. (See attached Planning Commission Application Information Sheet dated 07- 16 -98.) The proposal includes creation of two other sites (one 1.65 acres and the second 2.02 acres) for future commercial development, most likely restaurant uses. Mr. Warren explained that the applicant submitted a revised plan which reflects a change from the original 3 additional sites and excludes surplus MNDOT highway right -of -way which the applicant is attempting to acquire. Mr. Warren described and located the excluded area on the overhead transparency. No MNDOT controlled property other than a small portion of 65th Avenue North, is included in either the site plan or the preliminary plat for the property. Conveyance of City property and vacation of City right -of -way required for this development are subject to City Council approval. . Because of the exclusion of the MNDOT property, the revised plan reflects a re- configured site plan and includes a revised landscape plan, a reconfigured parking plan, a grading, drainage and utility plan, a lighting plan, building elevations and a floor plan. Mr. Warren described each plan as detailed in the Staff Report. The two accesses to the site are from Camden Avenue North and include cul -de -sac construction at the south end of the theater building. The plan calls for 1,148 parking spaces based on a ratio of 1 space for every 4 seats, which is considered appropriate given the nature of the multiplex theater business and the parking analysis submitted. The city engineer is currently reviewing the grading, drainage and utility plan. The site is also subject to review by the West Mississippi Watershed Management Commission. Discussions continue with the watershed engineers on the underground treatment facility which is part of the drainage plan. The watershed commission will consider the proposed drainage plan at its August 13, 1998 meeting. Should the plan not be approved, the application will be returned to the Planning Commission with an alternative drainage proposal that likely would affect the site plan. The landscape plan exceeds the required evaluation points and includes a sodded berm running the length of the building on Camden Avenue. Underground watering and maintenance of all landscaping on the properties are the responsibility of the developer. A colorful building will be constructed of brick, drive -it material, painted block and face block. Multicolored neon lighting will be installed. The letters for the word REGAL ,Hill be affixed to enclosed columns considered to be . part of the building wall. The lighting plan meets City code. 7 -16 -98 2 Mr. Warren reviewed the recommendations contained in the Short Elliot Hendrickson traffic analysis regarding proposed developments on 66th Avenue North. The recommendations to accommodate traffic in the area include extension of the median, a traffic signal, possible dual turn lanes, access restrictions, and driveway alignments. It was noted that the cost of the public improvements related to this Application is the responsibility of the developer. Mr. Warren reviewed a draft resolution which outlines the proposal, makes recommended findings, and recommends approval subject to conditions to be a part of the Planned Unit Development agreement. He noted that notice of the continued public hearing was sent to affected property owners. APPLICATION NO. 98016 Mr. Warren presented the staff report relating to modified Application No. 98016, preliminary plat approval requested by Centres Group Brooklyn Center, LTD. to combine 9 privately owned properties plus a city -owned parcel of land and vacated street right of way for 6th Avenue North, a portion of Camden Avenue, and that portion of North Lilac Drive controlled by the City of Brooklyn Center into 3 parcels of land. This plat would be known as the Regal Road Development Addition and does not include MNDOT right of way over portions of North Lilac Drive. This property is the site of the proposed Planned Unit Development Rezoning and site and building plan comprehended in Application No. 98015. (See attached Planning Commission Information Sheet, Application No. 98016, Preliminary Plat, dated 07- 16 -98.) The staff recommends approval of Application No. 98016, subject to 5 conditions outlined in the staff report, and a 6th condition regarding a subdivision agreement presented orally by Mr. Warren. Chair Willson called for questions from the Commissioners. Commissioner Boeck recommended that site distances for traffic /pedestrians be carefully reviewed. He also inquired whether the City would maintain the underground drainage system and asked who regulates its operations and spillage. Mr. Warren stated the City would not maintain the facility. The City may require an escrowed performance guarantee from the developer, and customary state guidelines regulate its operations, similar to above ground ponding /drainage systems. Commissioners Boeck and Nelson inquired whether additional prohibited uses of the site should be specified and included in condition 16 in the proposed Resolution. Mr. Warren explained that the underlying C -2 zone controls the use of the property, however, he cautioned against adding too many caveats that may discourage or preclude development in the future. It was noted that the developer of the two additional sites provided a written statement precluding fast food, gas stations, or convenience stores, etc. businesses on those properties. Commissioner Erdmann inquired about the traffic analysis recommendation for a double turn lane at Camden Avenue and noted the site plan shows only one turn lane. Mr. Warren said the consultants prefer not to have a double left turn lane, however, one might be necessary. He said he will inform the Commissioners of any decision made regarding that recommendation. 7 -16 -98 3 Commissioners Boeck and Erdmann asked about access to sites 2 and 3. Mr. Warren explained that access to those pads would be the same as to the theater pad and landscaping physical barriers should prevent crossover traffic from the SuperAmerica property. Chair Willson called for comments from the public. Mr. Kaare Birkeland, representing the developer, showed a colored rendering of the theater building with the re- designed Regal signage and displayed interior photographs of a completed theater. He stated the underground drainage facility must meet the watershed requirements, is regulated by the State as to the amount of discharge, will be maintained by the developer, and is designed to accommodate access for cleaning and other upkeep. He noted similar facilities are located through the metro 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 Nos. 98015 and 98016. CLOSE PUBLIC HEARING - APPLICATION NOS. 98015 AND 98016 There was a motion by Commissioner Reem, seconded by Commissioner Nelson, to close the public hearing at 8:55 p.m. The motion passed unanimously. Chair Willson called for additional comments from the Commissioners. Commissioner Erdmann recommended including pawn shops and check cashing facilities as prohibited businesses outlined in Condition 16 of the Planning Commission Resolution. Commissioner Boeck recommended addition of Condition 17 to define the developer's financial responsibility for public street and roadway improvements associated with the development including provision of necessary right -of -ways to accomplish the improvements. Boeck also recommended addition of Condition 18 to clarify that access to the three parcels on the property are from Camden Avenue North and that direct cross access to 66th Avenue North is prohibited between the theater parcel and the parcels to the north. Mr. Warren responded to Commissioner Reem's inquiry by reviewing the responsibility and coordination of median construction on 66th between this development and the Holiday /dental clinic developments. Following discussion, the Commissioners accepted the suggested revision to Condition 16, and the addition of Conditions 17 and 18 as presented, and did not interpose any objections to Application Nos. 98015 and 98016, with the Conditions mutually agreed upon. ACTION TO RECOMMEND APPROVAL OF .APPLICATION NO. 98015 - CENTRES GROUP BROOKLYN CENTER. LTD. W Commissioner Graydon Boeck introduced the following resolution and moved its adoption: Planning Commission Resolution No. 98 -3: "Resolution regarding Recommending Disposition of Planning Commission Application No. 98015 submitted by Centres Group Brooklyn Center, Ltd.," amended to include a revision to Condition 16, and the addition of Conditions 17 and 18, as agreed. 7 -16 -98 4 The motion for the adoption of the foregoing resolution was duly seconded by Commissioner • Stephen Erdmann and upon vote being taken thereon, the following voted in favor thereof. Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem; and the following voted against the same: None; whereupon said resolution was declared duly passed and adopted. The complete Resolution No. 98 -3 is made a part of these minutes as an attachment. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 98016 - CENTRES GROUP BROOKLYN CENTER. LTD. There was a motion by Commissioner Reem, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 98016, a preliminary plat combining 9 privately owned properties, a city -owned parcel of land, vacated street right -of -way for 65th Avenue North, a portion of Camden Avenue, and the portion of North Lilac Drive controlled by the City of Brooklyn Center into 3 parcels, to be known as the Regal Road Development Addition, subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. Appropriate drainage and utility easements shall be drafted and filed with the final plat covering the utilities contained within the existing 65th Avenue North right -of- way, the portion of the Camden Avenue North right -of -way to be vacated, and • portions of the North Lilac right -of -way controlled by the City also requested for vacation. 4. Appropriate street vacation ordinances : must be approved by the City Council prior to final plat approval. 5. The final plat is subject to review and approval of the West Mississippi Watershed Management Commission relating to ponding areas and potentially the need for easement areas also. 6. The applicant shall enter into a subdivision agreement with the City as approved by the City Engineer relating to installation and financing of public improvements required to be completed as a part of this development project. Voting in favor: Chair Willson, Commissioners Boeck, Erdmann, Nelson, Newman, and Reem. The motion passed unanimously. The Council will consider these recommendations at its Monday, July 27, 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. is 7 -16 -98 OTHER BUSINESS FUTURE MEETING DATE At Mr. Warren's request, the Commissioners agreed to cancel its July 30 meeting. Mr. Warren is scheduled for jury duty at that time. The next meeting of the Planning Commission will be on Thursday, August 13, 1998. APPLICATION NO. 98012 Mr. Warren advised of a modification to Application No. 98012, submitted by the Evangelical Lutheran Church of the Master, approved by the Commission at its June 11 meeting. The applicant wishes to construct additional ramping rather than install an elevator as part of remodeling of the Phase II building o achieve handicap accessibility in that building. The Commissioners agreed the g P Y g modification is an acceptable alternative. COMPREHENSIVE PLAN Mr. Warren directed attention to Comprehensive Plan revisions, dated June 1998, distributed at the meeting. He explained the proposed revisions and responded to questions. There was a motion by Commissioner Nelson, seconded by Commissioner Boeck, to accept the revisions to the Comprehensive Plan as presented, for resubmission to the Metropolitan Council. The motion passed unanimously. 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 9:48 p.m. Chair Recorded and transcribed by: Arlene Berafalk TimeSaver O, ff Site Secretarial, Inc. 7 -16 -98 6 City Council Agenda Item No. 10a • MEMORANDUM 49 0 : Michael J. McCauley, City Manager FROM: Ronald A. Warren, Plannin and Zoning Specialist 1 SUBJECT: Resolution Submitting Brooklyn Center Comprehensive Plan to Metropolitan Council DATE: July 21, 1998 On the July 27, 1998 City Council agenda is a resolution submitting the Brooklyn Center Comprehensive Plan to the Metropolitan Council. We had previously submitted the Comprehensive Plan to the Metropolitan Council for their review and it had determined the plan to be incomplete and the review was suspended pending the submission of additional information. The Metropolitan Council also requested that the City adopt a resolution submitting the Brooklyn Center Comprehensive Plan to the Metropolitan Council for their review. BRW has made revisions for inclusion with our Comprehensive Plan based on the comments we have received from the Metropolitan Council. Attached are various pages to be added to the Comprehensive Plan with highlighted changes. Also attached are two colored maps for inclusion, one being a land use plan map and the other a sanitary sewer systems map. T he changes made to be included in the Comprehensive Plan include the following general areas: ► Revised aviation section of the Transportation chapter. ► Revised wastewater section of the Public Facilities Plan and wastewater flow projections. ► Revised plan and submittal form incorporating the Metropolitan Council's employment forecasts and forecast phasing of redevelopment activities. ► Revised projections for individual Transportation Activity Zones (TAZ's) reflecting current population, household and employment forecasts. We are also required to update the Mississippi River Critical Area Plan, which is being undertaken separately. The comments made in the revised Comprehensive Plan submittal refer to the Critical Area Plan and should be sufficient pending the separate completion of the Mississippi River Critical Area Plan. These additional revisions were reviewed with the Planning Commission at its meeting on July 16, 1998, and the Commission recommended approval of the revisions for inclusion in the Brooklyn Center Comprehensive Plan. Once the City Council has accepted the revisions for inclusion in the Comprehensive Plan and adopted a resolution submitting the plan to the Metropolitan Council, we will forward the information to B.R.W. who will fill out necessary worksheets and submit the plan to the Metropolitan Council for review. The Metropolitan Council will have 60 days to review and make a determination that our Comprehensive Plan is consistent with Metropolitan Council policies and guidelines and meets the requirements for adoption. The City Council then W s nine months to adopt the plan. It is recommended that the City Council adopt the resolution submitting the Brooklyn Center Comprehensive Plan to the Metropolitan Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUBMITTING BROOKLYN CENTER COMPREHENSIVE PLAN TO METROPOLITAN COUNCIL WHEREAS, 1995 amendments to the Metropolitan Land Planning Act require municipalities in the metropolitan area to review and, if necessary, update their Comprehensive Plans by December 31, 1998; and WHEREAS, pursuant to this mandate, the City of Brooklyn Center has undertaken such study utilizing a Comprehensive Plan Task Force, made up of city council members, planning commission members and citizen representatives; and WHEREAS, this task force has recommended approval of this updated Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center pursuant to State Statutes to submit the Brooklyn Center Comprehensive Plan to the Metropolitan Council for review. i Date Myrna Kragness, Mayor ATTEST: 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. • Table 2 -1 - Existing Land Use (in acres) i I Category ! Number of Acres Total Acreage Within the Current Urban Service Area' ++ 5,440 ._ I I Existing land uses within the urban service area I Single- family residential (detached and mobile homes) + 1,901 Multifamily residential (2- family, townhouse, multi) 362 Commercial and office /service 517 1 Industrial 217 I Public and semipublic (institutional) 240 I Parks and recreation ! 556 Roadways I 1,263 Open water 285 Existing use subtotal 5,341 Vacant land that is restricted from development , Environmental protection: wetlands, flccdplains I 4 f;ighWay and street right of way � 1 Airports I 11 i Utilitj easements 7 Other 1 Development restrictions subtotal I 24 Vacant developable land - � 1 Single- family residential _ 2 1.6 tMultifamily residential - 11.5 Ccrnmercial 35.9 1 Industrial I 9.5 j Vacant developable subtotal_ I 78.5 f I Total Land 7 I Area of Communit I 5,440 (approx.) Notes T ^e City is eni;r ely vv Rhin the urban seriic :s area LAND USE. RED EVELOPMENT AND COMMUNITY IMAGE P!,AV Central Neighborhood, it has a larwc single- family core, occupying fully 80 percent • of the land within the neighborhood, with more intense uses on the periphery. Nfulti- family housing is found along Brooklyn Boulevard, where the largest complex is Brookhaven, at 65th Avenue N., and in the southwest corner of the neighborhood, alone County Road 10. Here, the Twin Lake North Apartments and the adjacent townhouses enjoy a private location backing up to Kylawn Park and a nature preserve in Crystal. The Brooklyn Boulevard corridor in this area is characterized by the typical mixture of commercial, office and institutional uses, intermixed with small segments of single- family residences. A recent redevelopment project has replaced a block of sin and multi - family units at 65th Avenue North with a new INICTO park -and- ride lot and Cahlander Park, a new park with landscaped seating areas and a storm water basin n adjacent to the I- 94/694 interchange. The neighborhood is well- served by parks: in addition to the large Kylawn Part: and Arboretum, there are three small neighborhood parks — Marlin, Wangstad and Orchard Lane — and the new Cahlander Park, which is designed around a regional storm water pond. The southwest corner of the neighborhood is adjacent to the Crystal Airport and contains several parcels of protected open space and wetland that are part of the airport property. • ISSUES - WEST CENTRAL NEIGHBORHOOD • b at other actions should the City pursue to eliminate additional single - family uses along Brooklyn Boulevard? • -4re facilities at.Marlin and TT "argstad Parks still in need of upgrading, as mentioned in the 1959 Housing Market report? • Is the continuing operation of Cn- stal.4 rport compatible ;city e..isting land uses in the neighborhood? LANG USE. REDE VELOPMENT ANO COMMUNITY IM A GE PLAN 8 • COMMUNITY PHYSICAL IMAGE W hile Brooklyn Center contains attractive and well-maintained nei an identifiable ntifiable ton center and an excellent park system, its visual image has suffered because of the deterioration of a few highly visible areas such as Brooklyn Boulevard or clusters of older apartment buildings. Meanwhile, the City' image in the region has suffered because of the perception of decline, exacerbated by negative media coverage. • TYhat steps should the City take to improl•e ifs image? • How can the City improve the appearance of "Auto Row" (on Brooklyn Boulevard)? • How can the City best unify itself across the highways that divide it? • How can the City best enhance and caDitalice on its natural amenities (Shingle Creek, the l fisslssippi River, Twin and Palmer Lakes) to build its image? Q. INFRASTRUCTURE AND MUNICIPAL SERVICES A cluster of issues was identified under the topic of infrastructure and municipal services. While not directly related to lard use and redevelopment, City facilities and services can play a powerful role in supporting and encouraging private property investment and influencing public perceptions about the community. • TY7.at is the best pace (phasing, timing) for infrastructure improvements? • That are the most effective methods the City can employ for preventing crime? • Hoyt should the Cin allocate its resources benti eer. in� and social pro • How much will citi_ers support in bond costs for capital improvements? • Is the City's p ar,'; system adequate for its current population and recreation needs? TT hick parks �zeed improvements or upgrading? (This and related park: system issues are reiterated in the Parks chaoter of the Comprehensive Plan.) 2 1 J E RIN. INC. 3�35]I LAND USE. R EDEVELOPMENT AND COMMUNITY IMAGE PLAN �. Reduce the geographic over- concentration of particular types of land • development when that pattern has become a negative influence on the community. �. Continue the selective redevelopment of targeted areas, commercial, industrial and residential, to eliminate obsolescent or deteriorating land uses and stimulate new investment. • Identify key commercial redevelopment sites through this comprehensive plan and subsequent investigations. • Ensure that redeveloped sites adhere to the planning and design principles contained in this comprehensive plan and special area plans (such as the Brooklyn Boulevard Corridor Streetscape amenities Studv). • Ensure that site plans for redevelopment within the designated Mississippi River corridor preserve the shoreline, bluff impact area and views to and from the river, minimize adverse effects and maximize beneficial effects on corridor resources, as indicated in the Mississippi River Critical area Guidelines. . Replace inappropriate single - family housing with attractive non- residential development in a way that protects remaining housing. • Assist with spot replacement of housing that becomes deteriorated' beyond the point of economic rehabilitation. Ensure that replacement housing fits with its neighbors. • Reduce the over - concentration of apartment buildings in certain neighborhoods by assisting in redeveloping it to housing that has a low e.- densit`•, a ht rate of o%vner -occupancy. and a more pedestrian- friendly relationship to the street. 4. Build on the success of the city center and take it to the next level of sophistication: • Help increase retail sales, rental occupancy, tax base and civic pride. • `Work with the owners of the Brookdale Mall to inject new life into that area and strengthen it as the visual. social and psychological center of Brooklyn Center. This could be done by adding different • .1UNC 1998 =R'.V. INC. =21 =J, IANO USE. REDEVELOPMEN" ANo CoHMUNITY IMAGE PAN • Revisit the possibility of making the Humboldt Avenue corridor a neighborhood amenity through a combination of public and private improvements. One aim would be to make this corridor a link between an enhanced 57th Avenue and the proposed new open space in Minneapolis. Extending the corridor treatment in some form all the way to Brooklyn Park should be another strong consideration. (Unlike the 1996 Hennepin Community Works "Humboldt Greenway "proposal, these improvements would not require any land acquisition.) • Strengthen the pedestrian - bicyclist link from Shingle Creek south through Lions Park to Humboldt Avenue and south to the Grand Round of the Minneapolis parkway system. Better signs and street crossing stripes are needed so that bicyclists can find their way safely through the Brookdale parking lot. This would fill a gap in the regional greenway system. S. Improve local public access to and awareness of the City's natural amenities, specifically the Mississippi River and the Twin Lakes. • Work with Hennepin Parks and the City of ilyfirrneapolis to extend and improve the North Mississippi Regional Park. • Improve the sideNvalks, landscaping and lighting along 57th Avenue to enhance the sense of that corridor, as a passageway between the city center, the southwest neighborhood and the riverfront park. • Use the riverfront and lakefront as amenities that can serve surrounding neighborhoods, rather than just adjacent property owners, and can create a setting for higher -value housing. Improve connections between neighborhoods, parks, and the riverfront. Increase access to the river and lakefront in redevelopment projects, where practical. 9. Capitalize on the City's visibility and access from state and interstate highways through improved signage and landscaping. 10. tiLi:en practical and 'feasible, use naturally- designed drainage for better storm, water management and community beautification. • s2,..7 LAND USE. REDEvELOPyE:NT ANO COMMUNITY IMAGE PLAN 6. 53RD AVENUE CORRIDOR Brooklyn Center initiated in 1996 a project to create a green buffer and pedestrian path along, 53rd Avenue from I -94 to Bryant Avenue. P .. A n e. One north-south h local street would be shortened and looped, creating a new road parallel to 53rd, bordered with new housing parcels and green space. The project will also improve pedestrian access to the nverfront parkland. If this project is fudged a success, the City will discuss with other residents the possibility of extending it further west, perhaps to Humboldt Avenue, which is also proposed for improvement in both Brooklyn Center and Minneapolis. There may be an opportunity to collaborate with the City of Minneapolis to implement further improvements. 7. SOUTHWEST NEIGHBORHOOD A. JOSLYN SITE AND VICINITY: The level of cleanup this site has undergone and the amount of monitoring it will require make it suitable for continued industrial rather than residential use. Furthermore, its proximity to the rail line and other industrial uses seem to point toward continued industrial use. However, the lakefront portion of the site, consisting mainly of wetlands and floodplain, should remain as undeveloped open space. The City should continue to assist in the removal of the small multiple- family buildings between Lake Breeze Avenue and the Joslyn site, and their replacement with new duplexes or possibly single- family units. a. 47TH AVENUE: The row of aparm,ents on t-he south side, although sandwiched between industrial uses on the north and a channel of Ryan Lake on the south, are in sound condition. In spite of their proximity to industry, they seem to be viable sources of affordable housing, and, as such, should remain in place for the time frame of this plan. 6. RIVER=RONT AMENITY AREAS The City's Mississippi riverfront offers opportunities for upgrading surrounding neighborhoods and increasing housing values. `<<'hen waterfront properties extend to the shoreline, as they do today, the amenity value of the waterfront is reflected only in the values of those properties, while residents just inland have no access to the waterfront, and share none of the increased value it brings. Redeveloping these areas with common amenities spreads their value over the entire neizhborhood. For example. redevelopment of residential areas along the rive^ront on the west side of"Lvndaie avenue with "igher -value detached or attached ;sousing could help to diversiiti the Ciry's ^OUSM2 Stock while capital ; I_i zllz On y : e%vS Oi the r " °: and arkland On the e?ai L LA ND USE. REDEVELOPM AND COMMUNITY IMAGE PLAN • side. Improved connections to the river (as described below under - Road Corridor Enhancements ") are also needed in order to enhance property values in nearby neighborhoods that are now disconnected from the river. 9. ROAD CORRIDOR ENHANCEMENTS It is proposed that the City undertake a long -term program to beautify and visually unite the City Center and surrounding neighborhoods by creating three distinct but interconnected road corridor "loops" as shown on Figure 2 -4, Road Corridor Enhancements. A. COMMERCIAL - CIVIC LOOP: This loop includes segments of Brooklyn Boulevard, 69th Avenue N., Shingle Creek Parkway, and County Road 10. It links most of the City's commercial and civic uses within the City Center. B. NEIGHBORHOODS Loop: This loop offers an alternative route around and into the City Center, using the largely residential north -south streets of Xerxes and Dupont Avenues and the east -west connecting segments of 69th Avenue and County Road 10/57th Avenue N. C. SOUTHEAST NEIGHBORHOOD P ARKS Loop: This loop would act as an internal circulation system and public amenity within the Southeast neighborhood, linking parks, schools and the riverfront along d r ... g � a�ru Avenue, Humboldt • e - Avenu1. 57th Avenue and Lvndale Avenue. Improvements to p Humboldt Avenue as part of this loop would be coordinated with proposed improvements to that street in Minneapolis. This project tivould have the added benefits of supporting housing values and pride in the Southeast Neighborhood and of extending the effects of the other proposed streetscaFe improvem rovem.,.nts. One of the themes of this plan is to improve the sense of a civic core surrounded b" a ring of residential areas. This would be achieved by a strategy of uniting the neighborhoods more strongly, linking them to the City Center area, complementing Me improvements proposed for Brooklyn Boulevard and minimizing the barriers posed by the highways. Other benefits include better linkage to the riverfront park and neighborhood enhancement. Physical elements of the loops may include coordinated, attractive street Iighting, boulevard trees, seasonal flo «er plots, continuous sidewalks, bike lanes when feasible, corner curb "bump- outs," directional signs, and neighborhood entry signs. `York on 57th Avenue could also be part of a program to improve the community's access to an enh anted riverfront park. i T R ANSPORTATION PLAN AvI ATION Brooklyn Center is within the influence area of the Crystal Airport, which is a designated reliever airport for Minneapolis -St. Paul (MSP) Airport metropolitan system airports. The airspace over Brooklyn Center is also used by aircraft operating from Metropolitan Area airports and other airports. Only a small portion of the Crystal Airport is located within Brooklyn Center. Most of this small area is located in the Shingle Creek floodway and is not suitable for development; it is controlled by the City's floodplain zoning. Brooklyn Center is a member (with Crystal and Brooklyn Park) of the Joint Airport Zonin; Board, which regulates land use around the airport. This commission functions under a joint power agreement. In the early 1980s, it adopted airport zoning regulations which apply to each of the member cities. The airport zones are shown on the Brooklyn Center zoning map but the text of the regulations has not been incorporated into the City's zoning ordinance. Airspace zones are imaginary surfaces around the airport into which no structure or tree is permitted to penetrate. The imaginary surfaces include approach surfaces, prima, -v surfaces, horizontal surfaces and conical surfaces. i Land use safety zones are established to control land uses near public airports for the safety of airport users and persons in the vicinity of airports. There are three safety zones: A, B and C (see Figure 3 -7). Safety zone A extends outward from the end of the runwav for a distance equal to two- thirds of the length of the existing or planned runway. No buildings, transmission lines, or uses which would cause an assembly of persons are permitted. In Brooklyn Center, this area is partially airport- ov-ned open space and is partially in single- family residential use. Safety zone B extends outward from safer• zone A. a distance equal to one -third the existing or planned run %vav length. It covers an additional single - family residential area. Safety zone C contains all land within an arc dravvn with a 6,000 foot radius from the ends of all runways, exciudinz the areas in zones A and B. uses are only subject to general restrictions regarding interference with electronic communications, air_ ort lighting and the impai�rnent of visibility in the vicinity of the airoort. In Brooklyn Center. this zone - xitnds as far as Brookl %n Boulevard. encompassing a wide range of land uses. f' -531' J' Ste.°, �^.. - = 'V. G LIJ 1.L - 0 A N1,3 I t t J, I ' Irt / — A "if /'*,!!t Rl T . _ m_ L1_I_�_I.1_���_I_�� — .�. : x -'- ��� II1EI 1 i _ _ :��µ M; _ : _: :_ . �1><>0 = __ �«�. _ _ r.�� +f ,,..� � l 1 I ��1 -t' � a — � - _ — — � 1 1�j = _ — _ _� i = , _- cJ) � �:� .. r ia "s i / ,� �r " +t oR; �_ — _ — =Y' � _� _ � = ��t,�1�' /'/ � i k ' :� _ � � _� = � _ 'c) .. � '� - ( - � ,/. % -� - ' � — : *�� mi � --fit — — — .Er, _ _ _ � � �.)_ �. • �/ f _ _ - _. U_Il _ - � - - - - _ -- _ _ -�� - ,.t ►1 _ - X1.1_ -�_�'' - . I : � - - j _ - � f I.II 1:1 - II1 EEI�IIJ:I1� EI �f�4.�. _��� _ � - _ . '� ::::.::: �_ �. Y - - t v = .. _ — — Ell � M _ �,;:� �, 1� - 1 [ ,<,� - Y _ , . V Ali x K > R! 1 10 - Itr IT .......... JAi Sri Alt qP11 I I I ( I I mjxr IM I t ul CC - 2_1 c ... .. . Lull -11,111 N1( 1-100Y9 jo ,110 TR ANSPORTATION PLAN " Structures which are 160 feet or higher above ground level and within approximately two miles of the airport may be considered hazards to air navigation. Brooklyn Center has no existing structures of this height; does not permit such structures under its zoning ordinance, and has no plans to permit such structures in the future. Any applicant who proposes to construct such a structure shall notify the city, the Minnesota Department of Transportation and the Federal Aviation Administration at least 30 days in advance as required by law (%MCAR 8800.1200 Subpart 3 and FAA form 7-1 - P 60 8 . } The Cit<'s policy in the 1979 Comprehensive Plan was to encourage the eventual Crystal Air phase -out of the port and its replacement with a new minor classification airport. Both Brooklyn Center and they City of Crystal have maintained that relocation would eiminate hazardous situations caused by the proximity of the airport to surrounding residential development. Brooklyn Center still supports this policy. However, the Metropolitan Airports Commission has no plans to close the airport. The Crystal airport Long -Term Comprehensive Plan (August 1996) states that the airport's existing facilities will generally be adequate to accommodate the projected 20 -year demand without major expansions. None of the land use changes proposed in this Comprehensive Plan will affect the functioning of the Crystal Airport. By the same token. airport operations have relatively few impacts on the adjacent neighborhood in Brooklyn Center. Noise impacts are considered in the Long -Term Comprehensive Plan for the airport. The Metropolitan Council suggests that the 60 DNL (day -night average sound level) contour should be used for planning purposes for areas inside the ilvIUSA. The 60 DNL noise contours in 1993 had minimal impact on Brooklyn Center, since most departures are to the northeast, into the prevailing wind direction. The projected 60 DNL noise contours for 2013 in the Long -Term Comprehensive Plan extends just beyond the airport boundary into Brooklyn Center, but should affect fey, if any, residential properties. According to FAA standards, the 60 DNL contour is compatible with residential development. However. the Minnesota Pollution Control Agency (MPCA) uses a different standard, the L,,66 contour, which identifies the area where 65 dB A (decibels) is exceeded 10 percent of the time (6 minutes) in a given hour. The projected 2013 L.,66 contour for the airport extends much further into Brooklyn Center. in a roughly triangular shape that ends at the I -9' %694 and Brooklyn Boulevard interchange. DNL is the average sound level, in decibels, obtained from the accumulation of all sound events; it v. - eights night-time sound events to account for the increased disturbance resulting from night -time noise. It is the FAA's single systern for deter mining exposure of individuals to airport noise. ` UN_ ISSA J S E R'N, !NC. TRANSPORTATION Pt-AN There are no heliports in Brooklyn Center, and heliports are not a permitted use in any zoning district. The City should examine the issue of where heliports might best be permitted, to ensure that any future proposals for heliports occur in appropriate locations. ERIN, INc. s s24EZ1 PUBLIC FActLCMES P LANS • pose any health risks and are not regulated, but which are considered impurities. If a water treatment facility becomes necessary or desirable, it would be financed through reserves in the water utility find and through rate increases. Continuing maintenance and improvements to the existing system will include regular and routine projects to inspect and rehabilitate well pumps; rehabilitate well houses; repair or reconstruct water main as necessary; paint and repair towers; and maintain the SCAD A system. WASTEWATER SYSTEM The sanitary sewer system consists of about 105 miles of gravity and force main. The City operates ten sanitary sewer lift stations, monitored by a radio alarm system which is currently being upgraded and integrated with the water utility's SCADA system. The Cit is connected to the Metropolitan Wastewater System, and is served by Crystal Interceptor I -BC -453. No major system deficiencies exist. There are no on -site septic systems in the City, and all new development is required to connect to the local sanitary sewer system. Figure 6 -1 shows the current wastewater system. The City's current wastewater flow generally ranges between 1,100 and 1,300 million gallons per year. This flow amount is expected to remain relatively stable • in future years. As redevelopment occurs, flows would be expected to increase slightly. Overall flows have in fact been showing very slight reductions over the past several years. This can be attributed at least in part to reduced water usage through upgraded and more efficient plumbing fixtures, the City's ongoing infiltration and inflow reduction efforts, water conservation measures, and an overall trend toward fewer individuals per household. It is expected that the continuation of many of these factors will somewhat mitigate any slight overall increases from redevelopment activities. There is a limited amount of additional industrial growth potential remairing in the City. In addition, the City is in the fifth year of a twenty -year effort to reconstruct or rehabilitate neighborhood streets and utilities. Of high priority are neighborhoods with high rates of suspected infiltration. Given these factors, it is not expected that flow will increase significantly. Worksheet E further describes the City's efforts to reduce inflow and infiltration. Future improvements to the system will consist of continued maintenance through regular and routine projects to maintain the lift stations; repair or reconstruct sanitary sewer main as necessary: and maintain the SCADA system. JUNE 19SZ C"� ?irt:Y, INC. Pusuc FAc a- tES PLANS APPENDIX: WORKSHEET D PROJECTION OF WASTEWATER FLOWS INTO THE METROPOLITAN WASTEWATER SYSTEM (BY METROPOLITAN INTERCEPTOR SERVICE AREA) ' Projected Households Projected Flow J � s and Employees (in millions of gallons) First Service Area First Service Area Year Households , Employees I 1 I 2000 11,300 I 18,800 I 1,100 1 I 2005 I 11,550 19,200 I 1,150 I 2010 11,800 22,400 1,200 ` 2020 12,200 ` 23,500 1,225 , NOTES: Projected future flows were based on modest redevelopment over the nest several years. Brooklyn Center is considered a "fully developed" first ring suburb with almost no open space remaining for development. Any fixture growth is expected to occur from redevelopment activity. Wastewater flows are not expected to increase appreciably due to the limited opportunities for growth, and because of the City's aggressive efforts to reduce inflow and infiltration (L1). The City's on - going street and infrastructure improvement program has included extensive repairs and replacements of wastewater collection conduits identified as having L!1 problems. These efforts will continue for at least the next 20 years. v JuxE 1993 Y ? -SJ: COMPREHENSIVE PLAN 2020 is MISSISSIPPI RIVER CRITICAL AREA AND MNRRA P LAN Dayton e State of Minnesota requires each city along the Mississippi River from to Hastings to prepare and adopt a for the Mississippi River Critical Area corridor. The purpose of this requirement is to promote the preservation, enhancement and public understanding of the natural, cultural, scenic and economic resources of this very important area. Generally, the boundaries of the Critical Area extend approximately one - quarter mile or less back from each side of the river. Also, each City from Davton to Hastings along the i✓Iississigpi River is required to amend its Critical Area Plan to come into conformance with the requirements of the Management Plan for the Llississippi National River and Recreation Area. The City of Brooklyn Center had approved and adopted its Mississippi River Critical Area Plan in 1981. The City also prepared an overlay zoning district to help implement its Critical Area Plan, but that draft ordinance was not adopted by the City Council. MISSISSIPPI NATIONAL RIVER AND RECREATION AREA In 1988, the United States Congress passed legislation creating the Mississippi National River and Recreation Area (N>NRRA), as a unit of the national park system. The legislation calls for the National Park Service (NPS) to assist state and local units of government "to protect, presen and enhance the significant values of the waters and land of the Mississippi River Corridor within the Saint Paul - Minneapolis _Metropolitan Area." This new recreational area encompasses a 72 -mile stretch of . the Mississippi, including Brooklyn Center. The Comprehensive _Management Plan for MNRRA was approved by the Secretary of the Interior in 1995. This plan details goals that the Park Service has identified for the area and the coordinating role that the agency will pursue with local Governments. Unlike a traditional national park such as Voyageurs or Yellowstone, the Part: Service will not own any land in the recreation area (with the exception of an interpretation facility in St. Paul). Instead, federal funds could become available to local Gover=, eats for purchase of land along the river to be developed for public us". • uv_ 1998 �_ 5 R'N, fv ;, C RIncA L AREA - MNRRA PL A,, CURRENT REQUIREMENTS Each City along the Mississippi River is now required to update its Critical Area Plan by adding certain requirements that bring it into conformance with the ,V VRR-I Management Plan. The plan update will aid the City in its efforts to comply with both the Tier I and Tier H requirements of the :l Management Plan, which is necessary to qualify for land acquisition and development grants. In mid -1993, Brooklyn Center was in the process of updating its Critical ,4rea Plan and its draft Critical Area Overlay Zoning District. Although that plan and ordinance were not ready in time to be submitted to the Twin Cities Metropolitan Council with this Comprehensive Plan, the City expects to have them ready by the end of 1993 or shortly thereafter. The City has been in contact with representatives of the Metropolitan Council (for the Critical Area Plan) and the Minnesota Department of Natural Resources (for the UNRRA requirements) and understands what is expected of it for these documents. Helpful suggestions and recommendations have been provided to the City by both agencies. RELATIONSHIP TO THE COMPREHENSIVE PLAN When adopted, the new Brooklyn Center Critical .-lrea - M RPL4 Plan will be incorporated into the Comprehensive Plan by reference and will thus have the full force of the rest of this plan. The overlay district will be codified as part of the City's zoning ordinance. The Comprehensive Plan already contains may policies and plans that are highly supportive of the Critical Area and MNRRA objectives. Through this plan, Brooklyn Center recognizes the river as a major amenity and a key element in its overall efforts toward improvement. Consequently, this plan continues residential land use along the riverfront nosh of I -694 and improvement of Nor' th Mississippi Regional Park (in conjunction with Hennepin Parks) south of 1 -694. An important new initiative in this comprehensive plan is the improvements to sidewalks, bicycle ZO lanes, trees and lighting along -1rd and pith Avenues, which lead across I -94 to the regional riverfront park. These corridors will also link to the planned Humboldt Greenwav in Minneapolis and the existing North 'lississippi Regional Park. The update to the Critical Area - :VLVRRR.4 Plan vill give the City another opportunity to elaborate on its policies for protecting and enhancing the riverfront, which will surely pay dividends to this community. S;R'N. INC. s?tSJ: r O IL CL X 00 nr I (. � �l l b '.•4�" � . [Il 7 I . - �.. ri. ?••.....�•...�, - ( 11177 Illlfu,►fIIi_ti f �l'4 �, ;iut' " l.l_ ` •"rlu�'�,.. if t ill t ill 1 v' , n 1 1, III , `y it I� 1 , II („ ill ry +'�' 111777 tU G -2 r • C' J,N a. 11'a!l -may, y• ...,.. Y..rr - I — (I '` 'r rl Q ��,b ___,r ° d, 'E �,_ > -9' a'n' C_ al (, ., .. 1. i Sa[j •.,,:�I lt ;t , i (� rt � lllti111[!II(III([iIiill 1[lf�[IPI (([1(11((11 fNIA t IIP•: ; !ii;SIDIJiJ II i 1 [ll(IIl(I([iiiifi Illllil(11111 '!I(11111111111[fillVIM r ,�. n ,,,, n IID(illl. 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" -_ t ® , .1 •:��'% 11`tl�ri[Ilullltt r I rl[ Ciitll(I. - /! ��I � �,i '�y1ti• il r , tl ,• .ili• 1 1i(hIII .3 O a ll " CL r' t - ,tr 19)illJllll(Iif iN�riti(6bi.I (Ilil.rr c o a l, C I, am r'•-' Q ( { q Z /) � • $ •� �� }.. ' iiL., Jruli r I .•� >.(�: �,111t , Y•,Y...n - � .� rK � '� J y, t 1 i �Y um _ s, ......LL r---. �, r 2000 • 1.89 mqd �'\ Tatsl Mvr,ea pis Y mcs crth Cnsdns •��+ - 2010 - 1.18 mgd � 9d r 2000- O.tBmgd 201 m d \ — ` TCTO - 1.82 2010 - 0.18 mgd 202 .21 mgd 2C2o • 0.18 mgd Taal Crysiv tnt.Connecaons 2cco - 0.14 mgd 2010.0.14 mgd 2C.0- 0.tomgd Pipe Size i1 Fcrce Main N 9" i 10" I 12" /U 15" 18" 24" N 27 o k yn__C`ente -r City Council Agenda Item No. 10b • MEMORANDUM DATE: July 22, 1998 TO: Michael McCauley, City Manager FROM: Joyce Gulseth, Administrative Aide it l SUBJECT: Resolution Recognizing Winners of the 1998 Landscape and Garden Contest Winners of the fourth annual Landscape and Garden competition were announced July 22, 1998. The contest, initiated in the City's continuing efforts to encourage beautification and enhancement of properties in the City, had fourteen very qualified candidates entered in the competition. The judges for the contest were Master Gardener Doris Wickstrom, and Horticulturists Jody Lazaroff and Lowell Blom. The Best Overall Yard & Garden was awarded to Fred and Yvonne Bebensee at 2913 63rd Avenue. The judges recognized them for this award because of their good species variety, • exceptional vegetable garden, pond and waterfall, and good use of many materials. The St. Alphonsus Garden Club was awarded the Best GroupNolunteer Garden for their efforts at St. Alphonsus Catholic Church at 7025 Halifax Avenue North. The gardens P rovide a burst of color very visible from the street with a creative summer -long display of plantings. Janet Goettsch of 805 57th Avenue North was awarded the Best Boulevard Garden and John Cariveau of 6301 Unity Avenue North was awarded the Best Backyard Flower Garden. The judges awarded special recognition to Mark & Shirley Alt of 3900 56th Avenue North for their water garden and the Slind family of 4018 Janet Lane for their new landscaping. All the entrants created unique masterpieces of art to enhance and improve the environment and quality of life in our community with their gardening and landscaping skills. A resolution recognizing the winners of the 1998 Landscape and Garden Contest is attached for consideration. • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION RECOGNIZING WINNERS OF THE 1998 LANDSCAPE AND GARDEN CONTEST WHEREAS, the City Council desires to promote beautification of residential and commercial properties in Brooklyn Center; and WHEREAS, the Council is appreciative of the hard work and efforts of many residents and businesses in gardening and landscaping their properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following winners of the 1998 Citywide Landscape and Garden Contest are recognized and commended for their achievements: BEST OVERALL YARD & GARDEN Fred & Yvonne Bebensee 2913 63rd Avenue North • BEST GROUP /VOLUNTEER GARDEN St. Alphonsus Garden Club 7025 Halifax Avenue North BEST BOULEVARD GARDEN Janet Goettsch 805 57th Avenue North BEST BACKYARD FLOWER GARDEN John Cariveau 6301 Unity Avenue North SPECIAL RECOGNITION Water Garden Mark and Shirley Alt 3900 56th Avenue North New Landscaping The Slind Family • 4018 Janet Lane RESOLUTION NO. • Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • City Council Agenda Item No. lOc 'INIEN10RANDUINI DATE: July 22, 1998 TO: Michael J. McCauley 4 FROTNI: Jim Glasoe SUBJECT: Proposal From eople Responding in Social Ministry (PRISM) for Continuation of Medical Trip Transportation Program for 1999. As follow up to the City Council's request for additional information and alternatives for transportation of area seniors to medical appointments, staff has been working with area transportation providers on possible program alternatives. Until this past January, Pillsbury Neighborhood Services had been providing medical appointment transportation to residents in North Minneapolis and a limited portion of Brooklyn Center. As a result of budget reductions, this service was discontinued early this year. With the discontinuance of this program and the lack of medical trip transportation in Brooklyn Center, there became a very large area in the north metro that was in need of services. In response to this need, representatives of Senior Resources obtained $19,000 in emergency funding from Hennepin County to provide some services in these areas. On May 28, representatives of many transportation providers in the north metro area met to examine existing resources (vans, drivers) and determine if they could be coordinated to provide service in the North Minneapolis, Brooklyn Center areas. During that meeting, resources were identified and a plan put together that would provide medical transportation options for the remainder of 1998. This new program is now up and running. Currently, two Brooklyn Center residents are already using this service and several residents have called to seek additional information. When fully utilized, PRISM estimates that the program will transport a minimum of 18 residents per week to medical appointments. That represents a total of at least 936 trips during 1999. As the current program is only funded until the end of this year, I have met with representatives of PRISM regarding the continuation of this program in 1999. The largest single impediment to PRISM continuing the program in 1999, is that the lease on their third van will be expiring August 1 of this year. The buy out cost following their lease is approximately $14,000. Without purchase of the van, PRISM would not have the capacity to continue transportation services for residents of North Minneapolis and Brooklyn Center. With the above in mind, PRISM has put together a proposed plan for purchase of the vehicle and continuation of these services through 1999. A copy of a memorandum received this week from their Director, Liz Johnson is attached for your information. We are bringing this item to the City Council on this relatively short time -line, because PRISM needs to make a decision regarding purchase of the van within the next week. As ou can see in the memo the proposed share for Brooklyn Center would be $10,000. Thi s Y $ p P Y $10,000 figure includes $5,000 for permanent acquisition of the third van and $5,000 for operating expenses. The proposed budget is based upon participation from the City, North Memorial Hospital and CEAP. Both CEAP and North Memorial have tentatively made commitments for 1999. As always, please let me know if you have questions or would like additional information. Attachments: (3) JUL -20 -98 MON 10:57 AM PRISM 6125291454 P.O. Me o TO: Jim Glascoe (g Brooklyn Center From Liz Johnson, PRiSM Executive Director Daito: July 20, 1998 Rw Emergency Funding For Elder Express Vehicle Good Morning! I wanted to present PRISM's request in writing for you to pass on to the city manager. As you know, PRISM operates an transportation service called Elder Express. Since 1984, Elder Express has been serving the elderly and disabled In Golden Valley, Robbinsda €e, Plymouth, Crystal, and New Hope. Statistics show that over 65% of the riders are over 80 years of age, and that WX; percentage are €rt or below the poverty level. More than 500's of the clients remain in private homes or apartments.. Without transportation services such as Elder Express, these elderly would either have to reiy on expensive means of transportation such as taxis or simply be unable to access needed resources, thus forcing them into dependent living situations. The door-to-door individual €zed transportatioi. service provided by Elder Express includes rides to medical and dentist appointments, visits t) nursing homes to spend time with spouses or other family members, trips to local stores, and other personal errands. Cn July 1, 1998, PRISM expanded our elder transportation services into Brooklyn Center and Norti) Minneapolis. PRISM currently owns and operates two vehicles in the five cities we originally seuvec. The third vehicle, which as allowed PRISM to expand is a leased van. PRISM has been working with the company we lease the vehicle from to ensure continued use of this vehicle, but have not had tho response we had hoped. As a result, PRISM is asking for assistance to secure this vehicle. PRiSM has approached the FIN program in Brooklyn Paris to contribute $2000 to paying the balance due on this vehicle to ensure it:; use as a transportation option for getting to daycare and work for the Welfare To Work clients. This would be used on an emergency bans and during hours that the vehicle would not be used for tN1 elder riders program. Hennepin County has contributed money to establish a elder ride program in North Minneapolis anc Brooklyn Center, and PRISM has allocated $1300 of its half of this funding to be used toward the residual due on this vehicle. The Brooklyn Center /North Minneapolis Transportation Program has started very smoothly. PRISM has committed to serving these areas 3 -day a week based on requests. Although the program juv • Page I JUL. -20 -98 NON 10:5 AN PRI 61- P. 0 2 started, Elder Express Is already working with two elderly from Brooklyn Center transporting them three times a week to needed appointments. The need is great and the program will only expand in this area as the word gets out to the elderly needing transportation to medical appointments and such. Elder Express has a reputation in the community for its excellent service and we are clearly planning to continue serving the elderly and disabled living in the city of Brooklyn Center. PRISM is quite concerned about the turn of events regarding the donation of this vehicle to the program, as it is vital to the continued success of the Brooklyn Center/North Minneapolis Transportation expansion. PRISM had previously compiled a budget stating the cost of the vehicle @ $15,000. The actual residual value due at this time In $13,599.30. PRISM hope Is that the entities requesting our transportation service would help us secure this vehlcl We have requested: CEAP/NWH - PIN program $2,000 Brooklyn Center $5,000 Hennepin County $1,300 PRISM will absorb the rest and will continue to negotiate with the car company regarding further donation options. ($5,299.30) Please keep in mind, PRISM is already absorbing $5,878 of the other costs involved in expanding our transportation services into Brooklyn Center and North Minneapolis. Your prompt attention would be very much appreciated... The wo* on this vehicle with Walser must be Completed this week_ c , • Page 2 NUN C1 i rj .` Brooklyn Center ELDER EXPRESS BROOKLYN EXPENSES CENTER TOTAL Telephone $375 Gasoline & Mileage+ 2,250 Destination request ,lave most often been to north Memorial and area cMlos Vehicle Maintenance) 3, 0001 Less miles reflect !ess maintenance Vehicle insurance 2,550+ 1 3rd Van Expense 5,000! 1998 Expense only Employee Compensation 3,825 I EE Salaries 19,74018ased on three -day per weak Medicare - Employer) 3951 1 Social Security j Employ — 1,3821 TOTAL ELDER EXPRESS EXPENSE $38,517 ELDER EXPRESS BROOKLYN `INCOME CENTER TOTAL North Memorial 1,950 Client Donations 6,000 Hennepin County - one time funding 9,850 City of Brooklyn Center 10,000 Funding from July 1, 1906 - January3l, rOCO PRISM 10,917 '�'" 1 ELDER EXPRESS INCOME $38,517 This reflects service in ADDITIONAL PR13M COSTS Brooklyn C beyond budget amount: Building coats, utility cost,, f�„ $ ; office coats, plus balance of EE j� �" Expenses. 1/31/2000 "Funding to be raised through foundations, community organizations, and fund raisers throughout 1998. 1999 r Page 1 City Council Agenda Item No. 10d City of Brooklyn Center Office of the City Clerk A great place to start. A great place to stay. Sharon Knutson City Clerk July 22, 1998 Mr. Wayne Paulson 5330 Camden Avenue North Brooklyn Center, 55430 Dear Mr. Paulson: Enclosed is correspondence prepared by the City Attorney relating to regulation of barking dogs. This item will be on the City Council agenda on Monday, July 27,199S. The meeting begins at 7 p.m. and is held in the Citv Hall Council Chambers, 6301 Shingle Creek Parkway. Sincerely, Sharon Knutson, CMC City Clerk ene. • 6301 Shingle Creek Pkwy, Brooklvn Center, A 55430 -2199 • City Hall &- TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer U 111 lkk6Aia 470 Pillsbun' C corer i 200 south Sixth sneer ! 'Y�f ily N(inncapohi . \1` 55-t02 _ (612) 33' -9300 relephon ( 6 12 ) 33' -9310 fax H A R T E R E D e -mail: attvsC CHARLES L. LEFF.VERE Attorney at Law Direct Dial (612) 337 -9215 Email: cleievere @kennedy- graven.com July 15, 19911 Ms. Sharon Knutson City Clerk City of Rroo klyn Center 6301 Shingle Creek Parkway Brooklyn Center MN 55430 RE: Regulation o Barker, Dogs Dear Sharon: In your memorandum of June 4, 1998, you requested that we comment on suggestions about regulation of barking dugs which were offered by a citizen at a recent City Council open forum. A memorandum on the subject prepared by Ann Blair of my office is attached. S We would not recommend g adoption of an ordinance providing for removal of barking dogs in the P P .. � g absence of the dog's owner for legal reasons. The government may not take or interfere with private property without due process of:law. When the governmental action involves removing private property from a person's place of residence, even if that removal is temporary, the government may be exposed to suits for an unconstitutional taking of the owner's property. Therefore, we would not recommend removal of barking dogs, or any other personal property, without constitutionally acceptable due process of law prior to the removal, except in the most extreme cases of public necessity. The suggestion that a dog curfew be implemented would seem to be legally defensible. However, such an ordinance would create obvious burdens on dog owners which may be out of proportion to the annoyance which barking dogs occasionally cause to individual citizens. Criminal prosecution of owners of barking dogs is available and specifically addresses the barking problern. Please let me know if ou have an further questions. Y Y q Yours very truly, Charles L. LeFevere CLL:Ih Enclosure CLL- 146801 BR291 -4 INTEROFFICE ME4IORANDUNI Date: July 13, 1998 To: Charlie LeFevere From: Ann J. Blair Re: Brooklyn Center / Open Forum Requests — Barking Dogs Matter F.,... Mr. Wayne Paulson, 5330 Camden Ave. No., appeared on Open Forum at the Brooklyn Center City Council meeting on May 26 1998. Regarding stricter police enforcement of barking b � g g g a P .. dogs, he requested: 1) That the Police Department be allowed to remove barking dogs from the premises even if the owner is not present 1 home; 2) That a curfew be implemented which provides that dogs cannot be out between 10 p.m. and 6 a.m. Analvsis 1. Minnesota case law provides that dogs are regarded as personal property. Corn v. Sheppard. 229 N.W. 869 (1930). Property cannot be taken from the owner without due process of law, Except in extreme circumstances (such as emergencies involving public safety or health) due process would involve notice and a hearing prior to the action. Dogs must have a license, subject to the rules of the county where the dog is kept. per M.S.A. § 347.08, subd. 1. Dogs which are unlicensed or running at large may be captured without notice to the owner (impounded). NI.S.A. § 347. i4, subd. 1. Barking dogs do not tit into this category and are regulated under the "Nuisance" provisions of the Municipal Code. Dogs located on private property may not be impounded without due process. Even in • cases of animal cruelty / neglect, a search warrant is required. M.S.A.§ 343.22, subd. 2. AJB- 146810 BR- 91-4 1 Problems associated with the keeping of dogs, such as barking problems, are left to the • enforcement departments of local municipalities, so long as these regulations are not inconsistent with the provisions of Minnesota Statutes. M.S.A. § 347.08, subd. 1. See also 4 Am. Jur 2d Animals § 24. Municipalties have the power to suppress nuisances and preserve public health. Id. Barking dog problems fit this "nuisance" definition. Brooklyn Center has the requisite "Nuisance" provisions incorporated into its City Code which address barking dogs. Section 1 -110, which prohibits nuisances, specifically enumerates disturbance caused by "barking, howling, fighting, or other noise ... which unreasonably annoys ". Brooklyn Center, Minn., Code § 1 -110 (1997). Section 1 -120 provides penalties for violations of 1 -110, which constitute a misdemeanor and are punishable by fines of up to $700 or imprisonment or both. Each day that a violation exists constitutes a separate offense. Id. at I- I- There have been no other requests to date for the stricter policies that Mr. Paulson seeks. Therefore, it would seem that the City's current Code provisions as to barking dog problems are sufficiently restrictive to resolve the majority of these cases. There may be other ways for the City to address specific, chronic problems such as those Mr. Paulson is experiencing. One possible way would be for the City to'enact a code provision which prohibits the harboring of a dog that makes frequent or long continued noise that aisturbs persons of normal sensibilities. This was successfully done in a Texas municipality, and this ordinance survived a challenge as to constitutionality on a "void for vagueness" theory. Lear v. State, (Tex. App. Austin) 753 S.W.2d 737 (1988). See also 4 Am. Jur 2d Animals § 24. I am not aware that a Minnesota municipality has adopted this approach, but it may be a consideration if the Council feels this problem is sufficiently recurring to warrant additional code provisions. 2. A dog curfew such as a prohibition against allowing dogs to be outside unaccompanied by a person during certain nighttime hours is probably legally defensible, but AJB- 146810 BR-291-4 may be unnecessarily burdensome to most pet owners. Such a prohibition would eliminate any outside kenneling of dogs (even dogs which do not bark); would require owners to accompany their pets outdoors in inclement weather; and may be a hardship for the elderly or handicapped. AJB- 116810 BR291 -4 3 City Council Agenda Item No. 10e � CFNTF 40 BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCaule FROM: Chief Joel Downer DATE: July 23, 1998 SUBJECT: Pawn Shop / Secondhand Ordinance Mr. Thomas Johnson, representing Grow Biz, International met with City Attorney Charlie LeFevere and I on July 8, 1998. We discussed the basis for the proposed ordinance and proposed changes that were brought forward by Mr. Johnson. Mr. Johnson submitted those changes in writing on July 16, 1998. City Attorney LeFevere and I have not had ample opportunity to review the proposed changes and make appropriate recommendations to you and to the city council. JD:kh pawnshp5 mem 3 +00 CITY CENTER COI'SULTI.N'(. OFFICE, BEIIING C.NIN.I 33 SOUTH SIXTH STREET MINNEAPOLIS, MN 55402-3796 612 3 2 300 '♦ � F.Ax: 61 1Z 333-0066 WEB SITE: w%vw.gpmlaw.Com Thomas L. Johnson 612 343 -2820 thomas.johnson @gpmlaw.com July 16, 1998 Via Telecopv and First Class Mail Michael McCauley, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 • Re: Proposed Secondhand Dealers Ordinance Dear Mr. McCauley: As we discussed after the last City Council meeting, I am sending you Grow Biz International's suggestion for revising Brooklyn Center's Secondhand Dealers Ordinance. I have also enclosed a redlined copy that demonstrates the changes from the current ordinance. Here is a summary of the proposed changes: • definition of secondhand goods and dealers limited to items more likely to be stolen • exemptions therefore more narrow • exemption for trade -ins expanded to include store credit transactions, consignment transactions, and trade -ins for other used goods • references to pawnbrokers removed, so ordinance is limited to secondhand dealers • application content: amount of information required increased; before it was left solely to the discretion of police. Also, manager requirement added • bond increased to $10,000 and requirement that stolen property be returned to owner included GRAY, PLANT, MooTY, MOOTY & BENNETT, P.A. ATTORNEYS IT L.4w Mr. Michael McCauley Page 2 July 16, 1998 • records, reports and receipts limited to secondhand items as defined • records and reports must be stored and transmitted electronically • photograph requirement is removed • receipts required upon request only • holding period kept at 12 days; only applies to secondhand items as defined • references to weapons and antique dealers retained Since the Council meeting, I have met with Chief Downer and City Attorney LeFevere. I am also sending them a copy of the proposal per my discussion with them. Please let me know how I and Grow Biz International can be of further assistance to you in this matter. Sincerely, Thomas L. Johnson ENCLOSURE cc: Joel Downer, Chief of Police (w /encl.) Charles L. LeFevere, City Attorney (w /encl.) GP:500181 v 1 • SECONDHAND DEALERS Section - 01. DEFINITIONS. For the purpose of Sections _ through _ , the terms defined in this section have the following meanings: 1. Secondhand Goods Dealer shall mean a natural person, partnership or corporation, which, as its primary business, sells and receives secondhand items. 2. Secondhand item shall mean the follow - ing personal property, if previously owned, used, rented or leased: a. Laptop computers; b. Bicycles; C. Camera equipment; d. Electronic audio or video equipment which the dealer intends to sell for $100 or more; e. Precious jewelry or gems, and precious metals; f. Artist signed or artist attributed works of art; g. Guns and firearms; h. Sporting equipment which the dealer intends to sell for $100 or more; i. Items not included in the above, except furniture and kitchen or laundry appliances, having a serial number or operation identification number and which the secondhand goods dealer intends to sell for more than $100. Section - 02. EXEMPTIONS. Sections _ through _ shall not apply to or include the following. 1. The sale of secondhand goods where all 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 receipt of goods on consignment, the receipt of goods in trade for other merchandise from the dealer, and the receipt of goods when store credit is given as payment. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. 6. Sales made by the sheriff or other public officials in the discharge of their official duties. 7. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 8. Resale of merchandise returned to the seller after an initial sale by the seller. Section - 03. LICENSE REQUIRED. No person may engage in the business of a secondhand goods dealer without first having obtained a license. Subdivision 1. Separate Licenses Required: A secondhand goods dealer may not conduct, operate or engage in the business of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand goods dealer license. A pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. Section - 04. MULTIPLE DEALERS. Subdivision 1. Licensing: The owners of a business, at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers, may obtain a multiple secondhand goods dealer license for that location. The following requirements must be met before a multiple dealer license may be issued: 1. The business must have a single name and address; 2. The business must operate in a compact and contiguous space as specified in the license; • 3. The business must be under the unified control and supervision of the one person who holds the license; -2- 4. Sales must be consummated at a central point of register operated by the owner of the business, and the owner must maintain a comprehensive account of all sales. Subdivision 2. Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section, including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section. Section - 05. LICENSE FEE. Subdivision 1. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer shall be set by the council by resolution. Subdivision 2. Multiple Sales: The annual license fee for a secondhand goods dealer for a location where more than one secondhand goods dealer is engaged in business shall be set by the council. Subdivision 3. In addition to the annual fee, the City Council may establish, by resolution, an investigation fee to be paid upon initial application and upon any change in ownership. Change in ownership shall include, in the case of a partnership, a change in identity of any partner and in the case of a corporation, a change in ownership of more than five percent of shares. Section - 06. APPLICATION. Subdivision 1. Contents: A license applicant must complete an application form provided by the chief of police. The following information shall be included: a. Name, place and date of birth, residence address and residence phone of the applicant; b. The business address and the name and address of the owner of the premises; C. A statement as to whether, within the preceding five years, the applicant has been convicted of any law relating to theft, damage or trespass to property, sale of a controlled substance or the operation of a business; the nature and date of the offense and the penalty assessed; d. Whether the applicant is a natural person, corporation or partnership: i. If the applicant is a corporation, the state of incorporation and the names and addresses of all officers and directors; -3- • ii. If the applicant is a partnership, the names and addresses of all partners. Subdivision 2. The information required in paragraphs a -c for each manager or proprietor of the business. Subdivision 3. Applicants for a multiple dealer license shall provide the information required in paragraphs a -c for all individual dealers. Subdivision 4. Execution: If the applicant is a natural person, the application must be signed and sworn by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner. Subdivision 5. Fees: The application must be accompanied b the required Pp P Y q license fee and the established fee for investigation. The annual license fee, but not the investigation fee, will be returned to the applicant if the application is rejected or denied. Subdivision 6. False Statements: It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties, the license may be subsequently revoked by the city council for violation of this section. Section - 07. BOND. A secondhand goods dealer license will not be issued unless the applicant files with the city clerk a bond with corporate surety, cash, or a United States government bond in the amount of $10,000. The bond must be conditioned on the licensee obeying the laws and ordinances governing the licensed business; paying all fees, taxes, penalties and other charges associated with the business; and the principal accounting for and delivering to any person legally entitled any goods which have come into the principal's hand through the principal's business as a dealer in secondhand goods, or in lieu thereof, paying the reasonable value in money to the person. The bond must provide that it is forfeited to the city upon violation of law or ordinance. Section - 08. SITE PLAN. Subdivision 1. The application for a secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A le proposed license gal description of the property upon which the propos premises is situated. b. A survey. C. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the is premises. -4- • d. The location of and distance from the nearest church, school, hospital and residence. e. A floor plan of the license premises. Section - 09. INVESTIGATIONS. Subdivision 1. Conduct: The city, prior to granting of an initial secondhand goods dealer license, or a renewal if there has been a change in ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The chief of police must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each original application for a license, the applicant shall pay in full an investigation fee, in an amount set by city council resolution. All investigation fees are nonrefundable. Subdivision 3. At any time that an additional investigation is required because of a change in ownership or control of the licensee or because of an enlargement, b P alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee in an amount set by city council resolution. All investigation fees are nonrefundable. The investigation fee shall accompany the application. Section - 10. PUBLIC HEARING. A secondhand goods dealer license will not be issued without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by a 10 -day published notice specifying the location of the proposed licensed business premises. Section - 11. GRANTING OF THE LICENSE. After review of the license application, investigation report and public hearing, the city council may grant or refuse, for one or more of the reasons set forth in Section - 27, the application for a new or renewed secondhand goods dealer license. A license will not be effective unless the application fee and bond have been filed with the chief of police. Section - 12. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A secondhand goods dealer license will not be issued to: i -5- • a. A person who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; b. A person under 18 years of age; c Subject to the provision of law, a person has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) years of the license application date had a pawnbroker or secondhand goods dealer license revoked; C. A person who the city council determines not to be of sufficient good moral character or repute; f If the city council determines, after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect public health, safety or welfare. Section - 13. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school or church; C. Where operation of a licensed premise would violate zoning ordinances; or 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. Section - 14. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section - 15. TERMS; EXPIRATION; PRO RATA FEE. The license is issued for a period of one (1) year beginning on January 1 except that if the application is made during the license year, a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. • -6- Section - 16. LICENSE REFUND. The city council may, in its judgment, refund a pro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to operate because of destruction or damage; b. The licensee dies; C. The business ceases to be lawful for a reason other than license revocation; d. The licensee ceases to carry the licensed business under the license. Section - 17. DEATH OF A LICENSEE. In the case of the death of a licensee, the personal representative of the licensee may continue operation of the business for nor more than 90 days after the licensee's death. Section - 18. RECORDS. Subdivision 1. A licensed secondhand goods dealer, at the time of receipt of a secondhand item as defined in section _01, must immediately record in a computerized storage system the following information: a. An accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and/or other identifying mark(s) on such item; b. The purchase price; C. Date, time and place of receipt; d. Name, address, phone number and date of birth 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 drivers license; (2) Official state photo identification, passport or military I.D. Subdivision 2. The books or electronic storage system, 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. Section - 19 DAILY REPORTS. • -7- Subdivision 1. A secondhand goods dealer must submit the computerized records required in Section -18 to the police department on a daily basis. The computerized records must be compatible with the computer system used by the Brooklyn Center Police Department. Section - 20. RECEIPT. A licensed secondhand goods dealer must, upon request, provide a receipt to the seller of any secondhand item which includes the information required in section _ -18, subd. 1(a -d) and includes the signature of the licensee or licensee's employee making the purchase. Section - 21. STOLEN GOODS AND IDENTIFICATION MARKINGS. Subdivision 1. A licensed secondhand g oods dealer must report to the police any article received, or sought to be received, if the licensee has reason to believe that the article was stolen or lost. Subdivision 2. A licensed secondhand goods dealer may not receive items from which a serial number or other personal identification number or symbol has been, or appears to have been, removed, altered, or obliterated. Section - 22. HOLDING. Any secondhand item, as defined in section - -0 1, received by a secondhand goods dealer may not be sold or otherwise transferred for a period of 12 days after the date of such report to the police. Section - 23. 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, shall be followed by a written order within 72 hours setting forth the item to be held and the reasons therefore. An order to hold shall expire 90 days from the date it is placed, unless the police determine the hold is still necessary and notify the dealer in writing. Section - 24. WEAPONS. Subdivision 1. A licensed secondhand goods dealer may not receive any revolver, pistol, rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. Subdivision 2. A licensed secondhand goods dealer may not receive any sawed - off shotgun, automatic rifle, blackjack, switchblade, knife, or other similar weapons or firearms. Section - 25. HOURS OF OPERATION. Secondhand dealers shall open no earlier than 7 a.m. and close no later than 9 p.m. No seondhand goods may be purchased or sold outside of these hours. -8- Section - 26. PROHIBITED ACTS. Subdivision 1. Minors: A minor may not sell, or attempt to sell, goods with a secondhand goods dealer. A secondhand goods dealer may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer may not receive any goods from a person of unsound mind or an intoxicated person. Subdivision 3. Identification: A secondhand goods dealer 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. Section - 27. LICENSE DENIAL, SUSPENSION OR REVOCATION. A license under this section may be denied, suspended or revoked by the city council after a public hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons: a. The operation of the business is in conflict with any provision of this ordinance; b. The operation of the business is in conflict with any health, building, maintenance, zoning, or other provision of this ordinance or law; C. The licensee or the business premise fails to conform with the standards for license application contained in this section; d. The licensee has failed to comply with one or more provisions of this section or any statute, rule or ordinance pertaining to the business of secondhand goods dealer; e. Fraud, misrepresentation or bribery in securing a license; f. Fraud, misrepresentation or false statements made in the course of the applicant's business: g. Subject to the provisions of law, the licensee has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substances, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of secondhand goods dealer. Section - 28. PAYMENTS BY CHECK. When a secondhand goods dealer makes payment for a secondhand item received at the licensee's place of business, payment must be made by check. • -9- Section - 29, INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter, inspect and search business premises licensed under this section, during normal business hours, without a warrant. Section - 30. COUNTY LICENSE. Secondhand goods dealers dealing in precious metals and gems must be licensed by Hennepin County in addition to the city license. Section - 31. SEVERABILITY. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section - 32. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof; shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. CT:496175 v2 • -10- • a :� �in�rtz>? nrr> c A N;) SECONDHAND DEALERS Section 01. DEFINITIONS. For the purpose of Sections 22 -€8!_ through ?3- 6-33_, , the terms defined in this section have the cgs gi•. =cr tefm. following meanings: ,,..++ 1., Pled elher vallua -b b, b AA PA;qditieR E4 b b b b b i�noFt= b R=ed 1. Secondhand Goods Dealer shall mean a natural person, partnership or comoration, which, as its primary business. sells and receives secondhand items. 2. c t, a a r ^ ^d Tlo to ,•t, t ,d 1urn_- t,, to ott; n r, b ^ b tan b > > or l asc4- 2. Secondhand item shall mean the following personal property. if previously owned, used, rented or leased: c aeti 2 a. Laptop computers; b. Bicvcles; C. Camera equipment; d. Electronic audio or video equipment which the dealer intends to sell for $100 or more, e. Precious iewelry or Rems. and precious metals, f. Artist signed or artist attributed works of art; 2. Guns and firearms; h. Sporting eauipment which the dealer intends to sell for $100 or more: i. Items not included in the above, except furniture and kitchen or laundry appliances, having a serial number or op_ eration identification number and which the secondhand goods dealer intends to sell for more than $100. Section - 02. EXEMPTIONS. Sections 23 601 through shall not apply to or include the following. 1. The sale of secondhand goods where all the following are present. a. The sale is held on property occupied as a dwelling by the seller or owned, i 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 b fill p mat f ir, new g aeds nn.a . 4 C- 1..,,n;R v i3 iz "awn ++,. nnll n„ + +l, n, >, „�: °° ^ f a peon. receipt of goods on consignment, the receipt of goods in trade for other merchandise from the dealer, and the receipt of goods when store credit is g iven as pavment. 4. A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or goods sold at open sale from bankrupt stock. 5. Goods sold at an exhibition, providing the exhibition does not last longer than ten days in any twelve month period. I 6 . S b n ke a +i x,, bile 4 ln,- in al„a;nb nn4g f4. -ea++ s n^l b:y 1„.l4i4 n ,.,won+ nl; l f E l f4feaFmn .lonlor 1; ee n ses r EM 444 a b t efl: +^ d &al in :r'µok sales. 4. Sales made by the sheriff or other public officials in the discharge of their official duties. .97. Sales made by assignees or receivers appointed in this state to make sales for the benefit of creditors. 8. Resale of merchandise returned to the seller after an initial sale by the seller. Section - 03 ctieii 23 . LICENSE REQUIRED. No person may engage in the business of a secondhand goods dealer without first having obtained a license. Subdivision 1. Separate Licenses Required: A secondhand goods dealer may not conduct, operate or enaaae in the bu siness of a pawnbroker without having obtained a pawnbroker license in addition to a secondhand szoods dealer license. A pawnbroker may not conduct, operate or engage in the business of secondhand goods dealer without having obtained a secondhand goods dealer license in addition to a pawnbroker license. a€; Been -qo i a dditi o n to a seee ndh a nd e e d s dc+ 1 . , �r license- Section - 04. MULTIPLE DEALERS. -3- • S o n 22604 N rr T E Subdivision 1. Licensing: The owners of a business, at which two or more secondhand goods dealers are engaged in business by maintaining separate sales and identifying themselves to the public as individual dealers, may obtain a multiple secondhand goods dealer license for that location. A miditiple lieeasa r- be issued ° The following requirements afe -met must be met before a multiple dealer license may be issued: 1. The business must have a single name and address; ?. The business must operate in a compact and contiguous space as specified in the license; 3. The business must be under the unified control and supervision of the one person who holds the license; 4. Sales must be consummated at a central point of register operated by the owner of ZD the business, and the owner must maintain a comprehensive account of all sales. Subdivision 4- 2. Compliance: The holder of a secondhand goods dealer license under this section for a business with more than one dealer at the same location must comply with all of the requirements of this section, including the responsibility for police reporting and record keeping in the same manner as any other dealer licensed under this section. A dealer licensed under this section is responsible to its customers for stolen or misrepresented goods sold at its place of business in the same manner as any other dealer licensed under this section. Section 22 695 r rCENS9 i 05. LICENSE FEE. 1 P v ak r: T '? „! fee f s oh_ it b set J eity 4 s ien 2 Subdivision 1. Secondhand Goods Dealer: The annual license fee for a secondhand goods dealer net ^ pa - raker -, shall be set by the council by resolution. Subdivision -3 2. Multiple Sales: The annual license fee for a secondhand goods dealer for a location where more than one secondhand goods dealer is engaged in business shall be set by the council. Subdivision 4 3. In addition to the annual fee, the City Council may establish, by resolution, an investigation fee to be paid upon initial application and upon any change in ownership. Change in ownership shall include, in the case of a partnership, a change in identity of any partner and in the case of a corporation, a change in ownership of more than five percent of shares. Section 23 60 6- 06. APPLICATION. -4- Subdivision 1. Contents: A license applicant must complete an application form provided by the chief of police. The applieati^„ fnu8t be in a � � an r .,+e,.,,.,atie,, of th p li e ,.,t as getes:nined b tl,n e hi e f o f Peliee. following information shall be included: gub 2 a. Name, place and date of birth, residence address and residence phone of the applicant; b. The business address and the name and address of the owner of the premises; C. A statement as to whether, within the preceding five years, the applicant has been convicted of anv law relatinr to theft, damage or trespass to pronertv sale of a controlled substance or the operation of a business; the nature and date of the offense and the penalty assessed; d. Whether the applicant is a natural person, corporation or partnership: i. If the applicant is a corporation, the state of incorporation and the names and addresses of all officers and directors: ii. If the applicant is a partnership, the names and addresses of all • partners. Subdivision 2. The information reauired in paragrap a -c for each manasaer or proprietor of the business. Subdivision 3. Applicants for a multiple dealer license shall provide the information required in para2ranhs a -c for all individual dealers. Subdivision 4. Execution: If the applicant is a natural person, the application must be signed and sworn by the person; if a corporation, by an agent authorized to sign; if a partnership, by a partner. Subdivision ; 5. Fees: The application must be accompanied by the required license fee and the established fee for investigation. The annual license fee, but not the investigation fee, will be returned to the applicant if the application is rejected or denied. Subdivision 4 6. False Statements: It is unlawful to knowingly make a false statement in the license application. In addition to all other penalties, the license may be subsequently revoked by the city council for violation of this section. Section .; 60:7- 07. BOND. A pa- wnbreker- @+ secondhand goods dealer license will not be issued unless the applicant files with the city clerk a bond with corporate surety, cash, or a • United States government bond in the amount of , $10,000. The bond must be conditioned on the licensee -5- obeying the laws and ordinances governing the licensed business aF41 paying all fees, taxes, penalties and other charges associated with the business and the principal accounting for and delivering to any person legally entitled anv goods which have come into the principal's hand through the principal's business as a dealer in secondhand goods, or in lieu thereof. paving the reasonable value in money to the person. The bond must provide that it is forfeited to the city upon violation of law or ordinance. Section ' -402- 08. SITE PLAN. Subdivision 1. The application for a paal£er -a+ secondhand goods dealer license must be accompanied by a site plan drawn to scale. The site plan must contain: a. A legal description of the property upon which the proposed license premises is situated. b. A survey. C. The exact location of the license premise on the property, customer and employee parking areas, access onto the property, and entrances into the premises. d. The location of and distance from the nearest church, school, hospital and residence. e. A floor plan of the license premises. Section ? -60Q 09. INVESTIGATIONS. Subdivision 1. Conduct: The city, prior to granting of an initial or- r-ene; secondhand goods dealer license or a renewal if there has been a change in ownership or control of the licensee or because of an enlargement alteration, or extension of premises previously licensed, must conduct a background and financial investigation of the applicant. Any person having a beneficial interest in the license must be investigated. The chief of police shall cause to be made such investigation of the information requested in this ordinance and shall make a written recommendation and report to the city council. The chief of police must verify the facts stated in the application and must report all convicted violations of state, federal or municipal law involving the applicant, interested persons, or the unlicensed premises while under the applicant's proprietorship. Subdivision 2. At the time of each original application for a license, the applicant shall pay in full an investigation fee in an amount set by city council resolution. • All investigation fees are nonrefundable. -6- Subdivision 3. At any time that an additional investigation is required because of a lieensa- r wal, a change in ownership or control of the licensee or because of an enlargement, alteration, or extension of premises previously licensed, the licensee shall pay an investigation fee in an amount set by city council resolution. All investigation fees are nonrefiindable. 'The investigation fee shall accompany the application. Section 22 3 448- 10. PUBLIC HEARING. A paA-*r_b-ohe�7 a+ secondhand goods dealer license will not be issued without a public hearing. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. The public hearing must be preceded by a 10 -day published notice specifying the location of the proposed licensed business premises. Section 23 -11 11. GRANTING OF THE LICENSE. After review of the license application, investigation report and public hearing, the city council may grant or refuse, for one or more of the reasons set forth in Section 2 -4- 624 27, the application for a new or renewed ., m%bfeU °r ^r secondhand goods dealer license. A license will not be effective unless the ,application fee and bond have been filed with the chief of police. 41 1 12. PERSONS INELIGIBLE FOR LICENSE. Subdivision 1. A pwvTT bralier ar- secondhand goods dealer license will not be issued to: a. A person who is not a citizen of the United States or a resident alien, or upon whom it is impractical to conduct a background and financial investigation due to the unavailability of information; b. A person under 18 years of age; c Subject to the provision of law, a person has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substance, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawnbrokers or secondhand goods dealers; d. A person who within five (5) years of the license application date had a pawnbroker or secondhand goods dealer license revoked; C. A person who the city council determines not to be of sufficient good moral character or repute; f If the city council deternines, after investigation and public hearing, that the issuance of or the renewal of the license would adversely affect public health, safety or welfare. -7- • Section 24 13. PLACES INELIGIBLE FOR LICENSES. A license will not be issued or renewed under this section for any place or for any business: a. If taxes, assessments or other financial claims of the city or the State of Minnesota on the licensee's business premise are delinquent and unpaid; b. If the premise is located within 300 feet of a school or church; C. Where operation of a licensed premise would violate zoning ordinancesi or; 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. Section ' -414- 14. LICENSE LIMITATIONS. A license will be issued to the applicant only and only for the business premises as described in the application. The license is effective only for the premise specified in the approved license application. Section 2:'3 616 15. TERMS; EXPIRATION; PRO RATA FEE. The license is issued for a period of one (1) year beginning on January 1 except that if the application is made during the license year, a license may be issued for the remainder of the license year for a monthly pro rata fee. The unexpired fraction of a month will be counted as a complete month. The license expires on December 31. i Sectio 16. LICENSE REFUND. The city council may, in its judgment, refund a pro rata share of the license to the licensee or the licensee's estate if: a. The business ceases to operate because of destruction or damage; b. The licensee dies; C. The business ceases to be lawful for a reason other than license revocation; d. The licensee ceases to carry the licensed business under the license. Section ''�? 17. DEATH OF A LICENSEE. In the case of the death of a licensee, the personal representative of the licensee may continue operation of the business for nor more than 90 days after the licensee's death. Section 29 619. 18. RECORDS. Subdivision 1. A licensed secondhand goods dealer and pawxbrel�e, at the time of receipt of aR it@Fn a secondhand item as defined in section 01, must immediately record in ink ^ othef i -adel bl cdiu:. ir. t4e--gngliJ '_ar. E, :n a b9ok or- wer-4 pew in a computerized storage system the following information: i -8- • a. An accurate description of the item including, but not limited to, any trademark, identification number, serial number, model number, brand name and/or other identifying mark(s) on such item; b. The purchase price; C. Date, time and place of receipt; d. Name, address, phone number and date of birth 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 drivers license; (2) Official state photo identification, passport or military I.D. f Subdivision 2. The books or electronic storage system. 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. 0 Section - 19 DAILY REPORTS. Subdivision 1 g. A secondhand goods dealer ^ pabf-a er- psi, at the eamplati°n -°f aFz t-raansaati 1 a 4 1, 4 � +4 11 t o e ;40„+;4 spa .,a +4 , b t,.7S i f, 1, ., +;„ 411 TTl J :1 F 86@ipt S + b@ 1 ,4 4 ., ,,, S+ loo r th Raiust jee Fetained for- a fRIFAimuffi ef eRe yep—r- 44er- tke date E)f the last tr-ansaetien r-eeer-4@4. v to f etefAien peF ,,a must submit the computerized records required in Section -18 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., co +; ^r �� X 19. DAILY P cpnl? rc > +1, P 11 + �� a1 � eR Section - 20. RECEIPT. A licensed secondhand goods dealer ^ -, r - m„s+ ,,. aka eiat oil ferns appr av@4 la th 1 a ,4.V „+ H ,,,1 a. -4— mail. b a , b must, upon request, provide a receipt to the seller of anv secondhand item which includes the, information required in section _ -18, subd. 1(a -d) and includes the signature of the licensee or licensee's emnlovee making the purchase. -9- LL- 4:2C1fJ v, ita ] , Section - 21. STOLEN GOODS AND IDENTIFICATION MARKINGS. b . Camefas and , b' , b Se--}on 33 - 1 29. ODS. A 1 o 8as °a ^ %br-e er- ^r Subdivision 1. A licensed secondhand goods dealer must report to the police any article pled received, or sought to be petg@4 or received, if the licensee has reason to believe that the article was stolen or lost. Subdivision 2. A licensed secondhand aoods dealer may not receive items from which a serial number or other personal identification number or svmbol has been, or a>7pears to have been, removed, altered, or obliterated. Section -22. HOLDING. Any secondhand item, as defined in section -01, Se6ie:R 23 621 unr PPNQ 4 r ;teg received by a secondhand goods dealer rep to ac i-c rqqa4e4 may not be sold or otherwise transferred for a period of 12 days after the date of such report to the police. 'a . an iri ,;,a l FA-ay °.l° °m it p ° a 72 48 U+s .,1=+-° • + 1,° 4 3 :1 was r$se e 4eig ^t„+ (.l,,.a;,•]rt C,,,- ..a.,<r„ .,, -..7 l °(..,1 1,8144.4..., ..+ t to sell r or rcnaiz. er- ,.g an , , ; + ° ,,,1 62 Section - 23. 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, sbe;llci shall be followed by a written order within 72 hours setting forth the item to be held and the reasons therefore. An order to hold shall expire 90 days from the date it is placed, unless the police determine the hold is still necessary and notify the dealer in writing. Section - 24 Seetior 29 . WEAPONS. Subdivision 1. A licensed paya4bfekera+ secondhand goods dealer may not receive as ^l e4ge of et4ep , ise aer for ^ nt er sa any revolver, i pistol, rifle or shotgun unless said dealer also maintains a federal firearms dealer's license. -10- Subdivision 2. A licensed pawnbFelief 9F secondhand goods dealer may not receive as pledge o f aeea f r ^ ^ .,lo any sawed -off shotgun, automatic rifle, blackjack, switchblade, knife, or other similar weapons or firearms. ,{ Section 2:3 625 25. HOURS OF OPERATION. � p.:�: Sat M ra� <� *^ '' n c -ndu„ ii^ efty s k ll be o as a pl,1 " d , ^ a ^nsign"net t ^r n e h e b nh, - ef rah a o e d S ,ao.,lo . ,, 1 ulny pr ;a >, 1, <, b aRy 5 94fi4mas_ Da Thanlrsb4*ing44ay- Secondhand dealers shall open no earlier than 7 a.m. and close no later than 9 mm. No seondhand goods may be purchased or sold outside of these hours. s 29 Section - 26. PROHIBITED ACTS. Subdivision 1. Minors: A minor may not sell or- eeiasign, or attempt to sell of 6ensig.-., goods with a secondhand goods dealer er pxiinb>:ol-'ef. A secondhand goods dealer or may not receive goods from a minor. Subdivision 2. Others: A secondhand goods dealer or may not receive any goods from a person of unsound mind or an intoxicated person. 4tA Subdivision 3. Identification: A secondhand goods dealer or pave :'arm 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. Section 23 62:7 27. LICENSE DENIAL, SUSPENSION OR REVOCATION. A license under this section may be denied, suspended or revoked by the city council after a public hearing where the licensee is granted the opportunity to be heard, for one or more of the following reasons: a. The operation of the business is in conflict with any provision of this ordinance; b. The operation of the business is in conflict with any health, building, maintenance, zoning, or other provision of this ordinance or law; C. The licensee or the business premise fps fails to conform with the standards for license application contained in this section; d. The licensee has failed to comply with one or more provisions of this section or any statute, rule or ordinance pertaining to the business of p l ele + secondhand goods dealer; • e. Fraud, misrepresentation or bribery in securing a license; -11- £ Fraud, misrepresentation or false statements made in the course of the applicant's business,_ g. Subject to the provisions of law, the licensee has been convicted of any state or federal law relating to receiving stolen property, sale of stolen property or controlled substances, burglary, robbery, theft, damage or trespass to property, operation of a business, or any law or ordinance regulating the business of pawabr-eker- a secondhand goods dealer. C�ZO L T1T \ f�TT(lAT A « -1�� rani s +loner+ S ection - 28 ?3- .,_.,. �.. .. r�r;, an.:kem .;hall ha 129 d ays t redeem toe ite b f .o it b iri Seetier 2 6 29 . PAYMENTS BY CHECK. When a secondhand goods dealer or makes payment for as a secondhand item p,@4 -er received at the lseese licensee's place of business, payment must be made by eherk, Fnade p -Mete tke fiaFaed pa5 ;i4w is aetually to i , j seller c o,. +; o 2' 44: n check. Section - 29. INSPECTIONS. Any peace officer or a properly designated employee of the city or the state of Minnesota may enter, inspect and search business premises licensed under this section, during normal business hours, without a warrant. Section 2:'3 6:'� 1- 30. COUNTY LICENSE. Secondhand goods dealers and pava-,br- dealing in precious metals and gems must be licensed by Hennepin County in addition to the city license. Section 31. SEVERABILITY. If any part of this ordinance shall be adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. Section 32. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than seven hundred dollars ($700) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. GP:496175 vRED -12- City Council Agenda Item No. lOg MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Brad Hoffman, Community Development Director,- - - -. DATE: July 23, 1998 SUBJECT: 69th and Brooklyn Boulevard Update I met with Dave Nelson today to get a progress report on the redevelopment of 69th and the Boulevard. At the time the development agreement was approved, Mr. Nelson indicated that he would be making contact with each of the homeowners involved in the development within the next thirty (30) days. To date, Mr. Nelson has made contact with each of the homeowners with the exception of 6918 June Avenue North which has been foreclosed on. I was advised that the attorney for Boulevard Shoppes Ltd. was preparing purchase offers for each of the homeowners and that the offers will be going out to them within the next two (2) weeks. In addition, an offer will also be going out to Dr. Moen within the same time frame. No contact has been made since the agreement was approved with either Viking Enterprises or the Legion Club. The Attorney representing the partnership will be contacting the Legion's attorney. y In addition the partnership has been shopping various finance packages. They have also been considering bringing on additional partners. They are currently interviewing brokers for the project. Prospective tenants include discussions going on medical clinics dental clinics, ( � � ) to c cs, cluropractors office, drug store, hardware store and restaurants. The architect is currently doing a preliminary pricing on the roposed buildin . His numbers should p be done next week. g