HomeMy WebLinkAbout1997 10-27 CCP Regular Session • CITY COUNCIL MEETING pubVIe COPY
City of Brooklyn Center
October 27, 1997
AGENDA
1. Call to Order Informal Open Forum with City Council - 6:45 p.m.
2. Informal Open Forum with City Council
- 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.
3. Call to Order Regular Business Meeting - 7 p.m.
4. Roll Call
• 5. Invocation .
6. Council Report
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. Resolution Appointing Auditors for the Year Ended December 31, 1997
b. Approval of Application for Authorization to Conduct an Excluded Raffle Submitted
by Southern Anoka County Chamber of Commerce
C. Approval of Application for Authorization to Conduct Excluded Bingo Submitted
by Willow Lane PTA
d. Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997-
17, Contract 97 -N, Shingle Creek Regional Pond
e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
£ Licenses
• CITY COUNCIL AGENDA -2- October 27, 1997
8. Public Hearings
a. Private Kennel License Application Submitted by Patrick Hansen, 5425 Irving
Avenue North
- Requested Council Action:
-Open the public hearing.
-Take public input.
-Close the public hearing.
-Motion to render a final decision reversing, affu-ming, or amending the decision
of the City Manager to deny a private kennel license application for Patrick
Hansen, 5425 Irving Avenue North.
b. An Ordinance Amending Chapters 11 and 23 of the City Ordinances Relating to the
Sale of Pull -Tabs
-This item was first read on August 11, 1997, published in the official newspaper on
August 20, 1997, tabled on September 8, 1997, and the public hearing is continued
this evening.
- Requested Council Action:
-Open the public hearing.
-Take public input.
-Close the public hearing.
- Motion to reject the proposed ordinance.
9. Planning Commission Items
a. Planning Commission Application No. 97010 submitted by Holiday Stationstores,
Inc. Request is for preliminary plat approval to subdivide two existing lots into three
lots to allow redevelopment of a dental office and Holiday Stationstore at the
northwest corner of T.H. 252 and 66th Avenue North. This application was first
considered by the Planning Commission and tabled at its August 14, 1997, meeting.
The application was recommended for approval by the Commission on October 16,
1997.
- Requested Council Action:
- Motion to approve Planning Commission Application No. 97010 submitted by
Holiday Stationstores, Inc. subject to the conditions recommended by the
Planning Commission.
b. Planning Commission Application No. 97011 submitted by Holiday Stationstores,
Inc. Request is for a special use permit and site and building plan approval to
construct a new 4,232 sq. ft. Holiday Stationstore with 1,080 sq. ft. attached car wash
located at the northwest corner of T.H. 252 and 66th Avenue North. This application
• was first considered by the Planning Commission and tabled at its August 14, 1997,
meeting. The application was recommended for approval by the Commission on
October 16, 1997.
I
I
• CITY COUNCIL AGENDA -3- October 27, 1997
- Requested Council Action:
- Motion to approve Planning Commission Application No. 97011 submitted by
Holiday Stationstores, Inc. subject to the conditions recommended by the
Planning Commission.
C. Planning Commission Application No. 97012 submitted by Holiday Stationstores,
Inc. Request is for site and building plan approval to demolish an existing dental
office and.build an approximate 5,400 sq. ft. new dental clinic on the proposed Lot 2
that would be located west of the proposed Holiday Stationstores. This application
was first considered by the Planning Commission and tabled at its August 14, 1997,
meeting. The application was recommended for approval by the Commission on
October 16, 1997.
- Requested Council Action:
- Motion to approve Planning Commission Application No. 97012 submitted by
Holiday Stationstores, Inc. subject to the conditions recommended by the
Planning Commission.
10. Council Consideration Items
• a. Discussion Regarding Social Service Funding Policy Development
- Requested Council Action:
- Financial Commission Chair Donn Escher will make presentation.
b. Resolution Creating a City Initiatives Grant Fund and Authorizing the Appropriations
Associated with the Programs Funded by the Grants
- Requested Council Action:
- Motion to adopt resolution.
C. An Ordinance Vacating a City Roadway for Park Purposes
-This ordinance would vacate the City's jurisdiction over the roadway through the
former Riverridge Park, which was turned back to the City by Mn/DOT, to be turned
over to the Hennepin Regional Park District for North Mississippi Regional Park.
- Requested Council Action:
- Motion to approve first reading of ordinance and set November 24, 1997, for
public hearing and second reading.
d. Resolution Expressing Appreciation for the Gift of the Cahlander Family and Friends
in Memory of Robert Cahlander, Jr.
- Requested Council Action:
- Motion to adopt resolution.
• CITY COUNCIL AGENDA -4- October 27, 1997
e. Resolution Commending Third Grade Students at Garden City Elementary School
- Requested Council Action:
- Motion to adopt resolution.
11. Adjournment
•
•
Q•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director C N
DATE: October 20, 1997
SUBJECT: Resolution Appointing Auditors for the Year Ended
December 31, 1997
In 1987, the City began using the firm of Deloitte & Touche for audit services. In 1994, the City
Council directed that a requests for proposals be solicited from other auditing firms. An audit
committee composed of Financial Commission members and staff members was formed in the
summer of 1994 and reviewed proposals from six firms. The committee recommended that the
City continue to receive services from Deloitte & Touche.
In 1996, the Financial Commission recommended and the City Council adopted a policy which
established a schedule for conducting requests for proposals (RFPs) for the six professional
services used by the Finance Department. The purpose was to ensure that some RFPs would be
done each year and that all services would be periodically rebid. This schedule established the
year 2000 as the next time that a RFP would be conducted for audit services.
The proposal accepted from Deloitte & Touche in 1994 covered audits for the years 1994, 1995,
and 1996. The attached proposal from Deloitte & Touche will provide for audits of the years
1997, 1998, and 1999. We anticipate that in the summer of 2000 we will solicit proposals for an
audit of that year which will be conducted in the winter /spring of 2001.
Deloitte & Touche has submitted the attached engagement letter which provides for them to audit
the City's financial report and records for the next three years. They propose a fee for this service
for 1997 of $27,500 which is an increase of 3.4% over the actual fee for the service for the prior
year. The proposed fee for 1996 had been $27,100 and the actual fee was $26,600. This
reduction came about because the city had an unusually low level of reimbursements for the
C.D:B.G. program in 1996 which allowed Deloitte & Touche to conduct a less expensive Federal
Funds Program Audit instead of the normal Federal Funds Single Audit. If the comparison is
made for the same service, then the proposed 1997 fee is only 1.5 % over the 1996 proposed fee.
The proposed 1998 fee is 2.5% over 1997 and the proposed 1999 fee is 2.0% over 1998.
Based on factors known to staff, Deloitte & Touche is doing excellent work, and we recommend
continuing their service. If service were to become a concern, the city would be able to solicit
• proposals in 1998 or 1999 prior to the start of audit work.
• Deloitte normally assigns four people to our audit. The are: a partner, a manager, an in charge
accountant, and a junior accountant. The in charge accountant and junior accountant do most of
the work in our offices while the partner and manager are in contact by phone and review work
at Deloitte's office.
Deloitte has audited the City since 1987. It has been their policy throughout this time to rotate in
at least one new person out of the four assigned to our audit each year. The more junior members
of their team rotate more frequently than the senior members. All of the positions have changed
at least once, usually several times since 1987.
For this year's audit, Deloitte has informed me that last year's in charge accountant is leaving our
team. Last year's junior accountant will become this year's in charge accountant and a new junior
accountant will be assigned. A new manager was assigned to our account last year.
•
Deloifte
•
ToucheLL
I 400 One Financial Plaza Telephone: (612) 397 -4000
120 South Sixth Street Facsimile: (61 2) 397 -4450
Minneapolis, Minnesota 55402 -1844
October 5, 1997
Charles Hansen
Director of Finance
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Dear Mr. Hansen:
In response to the City's request for a three renewal option of our audit agreement, we are pleased
to submit a fee proposal for the audit of the City of Brooklyn Center, including the Single Audit,
for 1997, 1998, and 1999. This letter serves as an extension of the proposal for professional
auditing services submitted to you on September 19, 1994. It is our understanding that you will
be soliciting audit proposals as part of counsil policy for the year 2000.
Total fees (including expenses) for the audits shall not exceed those listed in the schedule below:
• Actual Proposed
1996 1997 1998 1999
City $ 23,600 $ 24,000 $ 24,500 $ 25,000
Single Audit 3.000 3.500 3.675 3,750
Total $ ?6.6 00 S 27.500 S 1 8,175 $ 28.750
The fees listed previously assume that City staff will assist Deloitte & Touche at the same level of
service as in prior years, including but not limited to, completion of report and footnotes and
other supporting schedules prepared by City personnel and assumes no changes in key City audit
support personnel. These fees also assume no significant changes in scope or material errors. To
the extent such changes occur, any resultine increases to the fees set forth above will he (ii—Illsced
with you as soon as the changes are identified. Our proposed fee includes implementation of the
new A -133 Single Audit requirements. In addition, the 1996 single audit fee was lower due to the
1996 federal receipts being unusually low allowing for a much less expensive program audit. The
1995 single audit cost was $3,500.
If you have any questions regarding this fee proposal, please let me know. I can be reached at
(612) 397 -4212. Thank you, again, for this opportunity to continue to provide audit services to
the City of Brooklyn Center.
Sincerely,
• Clifford Hoffman
Partner
DeloitteTouche
Tohmatsu
International
its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION APPOINTING AUDITORS FOR THE YEAR ENDED
DECEMBER 31 1997
WHEREAS, Section 7.01 of the City Charter provides that the City Council shall
have full authority over the financial affairs of the City, including the conduct of an annual audit;
and
WHEREAS, the City Council has contracted with the firm Deloitte and Touche for
the conduct of these audits for the years 1987 through 1996; and
WHEREAS, the City Council appointed an Audit Committee to conduct a request
for proposal process in 1994 and they have recommended that Deloitte & Touche LLP be retained
as the City's auditor; and
WHEREAS, the City Council has adopted a Policy and Procedure on Requests for
Proposals for Financial Professional Services establishing a schedule which sets the year 2000 as
the next time that requests for proposals will be solicited for auditors; and
WHEREAS, Deloitte and Touche has submitted a proposal to audit the City for the
year 1997 at a fee of $27,500 and offers the option for renewals for 1998 and 1999.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Deloitte and Touche be appointed to conduct the City audit for the year 1997
at a fee of $27,500.
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.
-7b
eV jA!%LYN GENLe
BROOKLYN CENTER
POLICE DEPARTMENT PoUCE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Scott Kline, Chief of Police
DATE: October 9, 1997
SUBJECT: Application for Exemption from Lawful Gambling License
(Raffle Application)
On October 8, 1997 the Brooklyn Center Police Department received an Application for
•. Authorization to Conduct an Excluded Raffle from the Southern Anoka County Chamber of
Commerce. This application is for an event to be held at the Hilton Hotel on February 7, 1998.
This application has been approved and will be returned to the Southern Anoka County Chamber
of Commerce representative after City Council review. The representative will forward it to the
State Gambling Control Board.
If you or any member of the City Council objects to issuing this license, you must notify me
within 30 days according to Minnesota State Statute.
Scott Kline
Chief of Police
SK:kh
•
soanoka.mem
City of Brooklyn Center
A great place to start. A great place to stay.
•
October 28, 1997
Department of Gaming
Gambling Control Division
Rosewood Plaza South, 3rd Floor
1711 West County Road B
Roseville, MN 55113
To Whom It May Concern:
The City of Brooklyn Center has received and reviewed the Application for Authorization to
Conduct an Excluded Raffle from the Southern Anoka County Chamber of Commerce. This
application is for an event to be held at the Hilton Hotel, 2200 Freeway Blvd in the city of
Brooklyn Center on February 7, 1998. The City of Brooklyn Center has waived the 30 day
period to withdraw our approval.
Should you have any questions regarding the waiver, please feel free to contact me at 569 -3300.
Sincerely,
Michael McCauley
City Manager
NLM:kh
soanoka.ltr
r
6301 Shingle Creek Pkwy, Brooklyn Center, .IIY 60430 -2199 • City Hall & TDD Number (612) 669 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 - FAX (612) 569 -3494
An Af7iirmative Action l Equal Ooportunities Employer
(Rev. 1121M) Minnesota Lawful Gambling
Application for Authorization to Conduct an Excluded Raffle
(If your organization has been licensed or exempted in the
current calendar year, you are not eligible to apply for excluded raffle)
Fill in the unshaded areas of this application and send it to the
0 Gambling Control Board at least 30 days prior to the activity
r '
D anzzation Inform at io n A
9 � att FOR BO USE ONLY
Proof
Organization Southern Anoka County Chamber of Camierce I ❑ S [3 C ❑
Street
O ❑ N ❑ NA ❑
1250 East M oore Lake Drive, Suite C
City State Zip code 55432 Other Activity: -
F y MN
Type of nonprofit organization (check one):
❑ Fraternal ❑ Veteran
❑ Religious ® Other nonprofit organization
Type of proof of nonprofit status attached (check one):
❑ Certificate of Good Standing - Minnesota Secretary of State's Office
C]
Internal Revenue Service
Affiliate of Parent nonprofit organization (charter)
Excluded Raffle Activity 'Information
The value of AU raffle prizes in a calendar year may not exceed $750
Date of raffle drawing February 7, 1998
Total market value of raffle prizes $ 500.00
Name of person in charge of raffle Barbara warren Phone ( 612) 571 -9721
• Premises where excluded raffle will be conducted
Jame of premises
hilton Hotel
Street Address
2200 Freeway Boulevard
city Brooklyn Center, My 55430 OR County a Township
Chief Executive of Signature
Tne inf ation provAded above is complete and accurate to the best of my knowledge.
XF-zecutive O cer's I Name (please print) Date
LAC GAG/
Barbara warren October 6, 1997
knowledgm of Regis tration (For Board Use Only)
Your request to conduct excluded raffle has been received and is acknowledged by the Executive Director of the
Gambling Control Board.
Acknowledged by: Gambling Control Boa Date
Send the completed registration form with your organization's proof of nonprofit status to:
Gambling Control Board White - Original
1711 W. County Road B, Suite 300 South Yellow - Board
Roseville, MN 55113
This form will be made available in alternative FOR BOARD USE ONLY
format (i.e. large print, braille) upon request.
i
MINNESOTA SECRETARY OF STATE
A . ANNUAL REGISTRATION �•�9f,
j/ MINNESOTA NONPROFIT CORPORATION
� �( Minnesota Statutes Chapter 317A 221 r
_ffective August 1 1
g 989, all nonprofit corporations are required t file e an annual reg istra t io n n
P q once every calendar year.
1. Corporate Charter Number PLEASE READ ALL INFORMATION BELOW
F -4 77 Items 1 through 4, if pre - printed, list information
2. Corporate Name currently on file with the Office of the Secretary
SOUTHERN ANQKA COUNTY CN.AN. EER 0 F COH. E of State. If items 2 - 4 are no longer current, you
must complete the amendment of articles of incor-
3. Registered Office Address (Complete street address or rural poration found on the reverse side of this form.
route and rural route box number.) There is a $35.00 fee for filing an amendment.
i � .!1
FRICLEY NN 55432
4. Registered Agent (required only if an agent is listed in the
on articles of incorporation or subsequent amendments)
NC�IC
S. Name of Corporate President (please print) Must Be comoieted All nonprofit corporations must provide the full
► name of its corporate president on the Annual
Registration.
1 6. Does this corporation own, lease, or have any financial interest in agricultural land or land capable of being
farmed in Minnesota? check one Yes
( No
7 me and Telephone. number of conta t erson for the corporation:
EA e ure of utho fficer r repress ^ + *' e
S' nature Date
Before July of each year a pre - printed Annual Registration is sent to the registered office address on file with the
Secretary of State. The Annual Registration must be filed no later than December 31 of each year.
There is no fee for filing the Annual Registration; however, failure to file the registration will result in the loss of corporate
good standing and will require a 525.00 reinstatement fee.
Failure to file an Annual Registration for three consecutive years will result in the statutory dissolution of the corporation,
by the Secretary of State.
i f you laV2 2nV gL'eStiCr1S, please CCntaC', the Secretary of State's office at ;o i 2)29c-= BCSTD� ENT
TA
OF'ZATE
e a turr, ;his form to: Secretary of State FILM
180 State Office Building t ",l a 'i' 12 1 19 0 4 5
f 100 Constitution Ave.
vow—
St. Paul, MN 55155 -1299
-7921:53 =ev. 2.
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7�
��ppKIYN CFpt
BROOKLYN CENTER
POLICE DEPARTMENT POLICE
MEMORANDUM
TO: Michael McCauley, City Manager
FROM: Scott Kline, Chief of Police
DATE: October 9, 1997
SUBJECT: Application (Excluded Bingo) - Willow Lane PTA
On October 9, 1997, the Brooklyn Center Police Department received an Application for
Authorization to Conduct Excluded Bingo from the Willow Lane PTA. This application is for
events to be held on November 14, 1997 and April 17, 1998 at the Willow Lane Elementary
• School located at 7020 Perry Ave N within the city of Brooklyn Center, Minnesota. This
application has been approved and returned to the Willow Lane PTA who will forward it to the
State Gambling Control Board.
If you or any member of the City Council objects to issuing this license, you must notify me
within 30 days according to Minnesota State Statute.
Scott Kline
Chief of Police
SK:kh
• willow5.mem
City of Brooklyn Center
A great place to start. A great place to stay.
October 28, 1997
Department of Gaming
Gambling Control Division
Rosewood Plaza. South, 3rd Floor
1711 West County Road B
Roseville, MN 55113
To Whom It May Concern:
The City of Brooklyn Center has received and reviewed the Application for Authorization to
• Conduct Excluded Bingo from the Willow Lane PTA for events to be held on November 14,
1997 and April 17, 1998 at the Willow Lane Elementary School located at 7020 Perry Ave N
within the city of Brooklyn Center, Minnesota. The City of Brooklyn Center has waived the 30
day period to withdraw our approval.
Should you have any questions regarding the waiver, please feel free to contact me at 569 - 3300.
Sincerely,
Michael McCauley
City Manager
TVIM:kh
•,fflow; .I=
•
6301 Shingle Creek Pkuvy, Brooklyn Center, WV 50430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone chi TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
Minnesota Lawful Gambling
Application for Authorization to Conduct Excluded Bingo
Part 1 of 2
(if your organization has been licensed or exempted in the
current calendar year, you are not eligible to apply for excluded bingo)
• Fill In the unshaded areas of this application and send it to the
Gambling Control Board at least 30 days prior to the activity.
FOR BOARD USE ONLY
Organization Inf o r mation Proof ' .
OrV 74 0 n .. Q .: `.S ❑ C p
e
Street
Other Activity
City State Zip code
Type of nonprofit organization (check one):
❑ Fraternal O Veteran
❑ Religious Other nonprofit organization
cc �
Type of proof of nonprofit status attached (check one):
❑ Certificate of Good Standing - Minnesota Secretary of State's Office
❑ Internal Revenue Service
Affiliate of Parent nonprofit organization (charter)
Excluded Bingo Activity Information
Has your organization held a bingo event in the curve t calendar year? ":o ❑ Yes
if yes, list the dates that bingo was conducted _� Z-1 ' C1
heck one:
` The bingo event will be one of four or fewer bingo events your organization will hold this year.
� Date(s) of bingo event: o V I Y A, 7 A,0/
Lr
OR
❑ The bingo event will be conducted (up to 12 consecutive days) in connection with a:
County Fair - Date(s) of bingo event
State Fair - Date(s) of bingo event
Civic Celebration - Date(s) of bingo event
Print the name of the person in charge of the bingo event Daytime Phone
Premises where excluded bingo will be conducted,
Name of premises 3 J f I 1 lD w L ane
Street Address
City , �+ , OR County 111d Township
(Be sure to complete Part 2)
•!� - BORIC
LG240B
m«. c WD) Dfinnesota Lawful Gambling
Application for Authorization to Conduct Excluded Bingo
Am Part 2 of 2
organization Name
11 14) Lan PTA
Chief Executive Ooicees Signature - -
The information provided in this application is complete and accurate to the best of my knowledge.
Chief Executive Officer's signature Name (please print) Date
Local Unit of Government Acknowledgment and Approval
• The city must sign this application if the gambling premises is located within city limits.
• The county AND township must sign this application if the gambling premises is located within a township.
• if this application is denied by the local unit of government, it should not be submitted to the Gambling Control
Board.
Township: A township has no statutory authority to approve or deny an application (Minn. Stat. 349.213,
Subd. 2).
Name of City OR County Name of Township
B y signature below, the local unite government ere y B y signature below, the township acknowledges
approves this application for excluded bingo activity at that the organization is applying for excluded
�he premises located within their jurisdiction. bingo activity within the township Jimits.
Signature of person approving application for local unit Signature of person acknowledging application for
of government. (Sign above) for township. (Sign above)
T itle Date Received Title Date Received
City Manager 10 -28 -97
Township is: Organized ❑
Unorganized ❑ Attach letter
Unincorporated 0
Ac of Registration (Far Boa U se Only)
Your request to conduct excluded bingo has been received and is acknowleged by the Executive Director of the
Gambling Control Board.
Acknowledged by: Gambling Control Board Date
Send the completed registration form with your organization's proof of nonprofit status to
Gambling Control Board White- Original
1711 W. County Road B, Suite 300 South Yellow - Board
Roseville, MN 55113
FOR BOARD USE ONLY
This form will be made available in aitemative
ormat (i.e. large print, braille) upon request.
MEMORANDUM
r DATE: October 23 1997
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project No. 1997-
17, Contract 1997 -N, Shingle Creek Regional Pond
Summary Explanation
Bids for Contract 1997 -N were received and opened on Thursday, October 23, 1997. The
contract work will consist of the Brooklyn Center portion of the Shingle Creek Regional Pond
Improvement. This work will include the installation of a storm sewer conduit beneath T.H. 100
between the Brookdale Property and Centerbrook Golf Course, earthwork to enlarge the existing
ponding network at Centerbrook, and a storm sewer connection between Centerbrook and the
improvements to be constructed by the City of Minneapolis. The Minneapolis portion of the
project is expected to be completed shortly after completion of the Brooklyn Center segment.
The bidding results are tabulated as follows:
• Bidder Bid Amount
DKH Excavating, Inc. $ 727,467.45
Jay Brothers, Inc. $ 827,633.32
Barbarossa & Sons Const. $ 914,294.94
Ames Construction $ 915,354.23
Park Construction $ 947,620.26
Veit and Company, Inc. $ 956,319.00
C.S. McCrossan Construction $1,077,680.80
Lametti and Sons $1,107,574.00
Of the 8 bids received, the lowest bid of $727,467.45 was submitted by DKH Excavating, Inc. of
Shakopee, Minnesota. The Engineer's Estimate for this project was $720,000.
DKH Excavating, Inc. has experience in performing the various items of work included in this
contract. At the time of this writing, all bids are being tabulated, and appropriate references are being
checked. Accordingly, it is expected that staff will recommend acceptance of the low bid and an
award of the contract to DKH Excavating, Inc. of Shakopee, Minnesota.
All work is expected to be completed over the winter months, with a specified completion date of April
3, 1998. If a contract is awarded by the City Council, work would be expected to commence within
the 2 -3 weeks.
•
Recommended City Council Action
•
Approve the attached resolution on accepting the low bid and awarding a contract to DKH
Excavating, Inc. of Shakopee, Minnesota.
•
Member introduced the following resolution and moved its
® adoption:
RESOLUTION NO. _
RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT
PROJECT NO. 1997 -17, CONTRACT 1997 -N, SHINGLE CREEK REGIONAL POND
WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1997 -
17, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 23rd day of
October, 1997. Said bids were as follows:
Bidder Bid Amount
DKH Excavating, Inc. $ 725,467.45
Jay Brothers, Inc. $ 827,633.32
Barbarossa & Sons Const. $ 914,294.94
Ames Construction $ 915,354.23
Park Construction $ 947,620.26
Veit and Company, Inc. $ 956,319.00
C.S. McCrossan Construction $1,077,680.80
Lametti and Sons $1,107,574.00
WHEREAS, it appears that DKH Excavating, Inc. of Shakopee, Minnesota is the
• lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with DKH Excavating, Inc. of Shakopee, Minnesota in the name of
the City of Brooklyn Center, for Improvement Project No. 1997 -17 according
to the plans and specifications therefor approved by the City Council and on
file in the office of the City Engineer.
2. The City Clerk is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained until a contract is
signed.
•
RESOLUTION NO.
•
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.
•
�G
MEMORANDUM
DATE: October 22, 1997
TO: Michael McCauley, City Manager
ro
ti
FROM: Joyce Gulseth, Administrative Aide W
i�
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The attached resolution represents the official Council action required to expedite removal of the
trees most recently marked by the City tree inspector, in accordance with approved procedures.
It is anticipated that this resolution will be submitted for council consideration each meeting
during the summer and fall as new trees are marked.
Member introduced the following resolution and
moved its adoption:
• RESOLUTION NO.
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES (ORDER NO. DST 10/27/97 )
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, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota that:
1. The diseased trees at the following addresses are hereby declared
to be a public nuisance:
TREE
PROPERTY OWNER PROPERTY ADDRESS NUMBER
-------------------- -- - - - - -- ----------------------- - - - - -- -- - - - - --
GARY & JULIE MADISON 5301 EMERSON AVE N 176
BRUCE & PATRICE BRYANT 6006 HALIFAX PL 177
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 adCDtion of the foregoing resolution was duly Seconded by
member , and upon -rote being takers thereon, the following
voted in =aver thereof.
and the following voted against t ^? same:
.Jhereunon Said resol'it =on '.Jas declared dul.vr DdSSZd and adopt ed.
7F
City of Brooklyn Center
Agreat place to start. A great place to stay.
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk
DATE: October 23, 1997
SUBJECT: Licenses for Council Approval
The following companies /persons have applied for City licenses as noted. Each company /person
has fulfilled the requirements of the City Ordinance governing respective licenses and submitted
appropriate applications and paid proper fees.
Licenses to be approved by the City Council on October 27, 1997:
• Mechanical Systems
Advantage Air 12906 Ventura Court #5, Shakopee
Air Flow Systems, Inc. 489 East Nebraska Avenue, St. Paul
LBP Mechanical, Inc. 315 Royalston Avenue N, Minneapolis
Romark, Inc. 293 Commercial Street, St. Paul
Rental Dwellings
Initial:
Douglas Lida Brookhaven Apartments
Penelope Brown 4819 Azelia Avenue North
John and Iris King 2112 69th Avenue North
Renewal:
Arlene Johnson 7218 -24 West River Road
Eugene Berg 1200 67th Avenue North
Sign Hanger
Twin Cities Sign Images, Inc. 10550 County Road 81, Maple Grove
Taxicab
Minnesota Taxi Cab #13
David Wokpeh Natee 135E 59th Street, #104, Minneapolis
6301 Shingle Creek Pkwy, Brooklyn Center, IWIV 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
YO-
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk ,4hat4 C.
DATE: October 23, 1997
SUBJECT: Private Kennel License Application Submitted by Patrick Hansen, 5425 Irving
Avenue North
Chapter 1 of the Brooklyn Center City Ordinances (copy attached) requires the licensing of all
private kennels, defined as any premise zoned or used for R1 and R2 purposes, as defined in the
Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six months old
or older, are kept or harbored as pets and not for selling, boarding, showing, treating, grooming, or
other commercial purposes. Section 1- 105.5b requires the City Manager to approve or deny the
application based on the sanitation report and written comments by the applicant and any other
. affected persons and Section 1- 105.5c outlines the standards for approval.
Section 1- 105.5b reads, "within fourteen (14) days after the notice of the City Manager's decision
is mailed to area property owners, the owner or any other affected person then may request a hearing
before the City Council to show cause why the City Manager's decision should be changed."
The City Manager denied the application for a private kennel license for Mr. Patrick Hansen, 5425
Irving Avenue North. Mr. Hansen has requested a hearing before the City Council to show cause
why the decision should be changed.
Following is a calendar of events from receipt of application to request for public hearing:
July 29, 1997
Received application for private kennel license from Patrick Hansen, 5425 Irving Avenue North, to
keep three dogs.
August 6, 1997
Sent memorandum to the Building Official requesting a sanitation inspection be completed and a
recommendation submitted. The attached memorandum from Janine Atchison indicates the house
and yard meet all the requirements for kennel licensing.
•
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
Memorandum to Michael J. McCauley
• Page 2
October 23, 1997
August 8, 1997
Sent memorandum to Police Chief Scott Kline requesting a records check to verify any dog
complaints. Report indicated impounded animals dated 12/14/90.
August 8, 1997
Mailed notice of receipt of application for private kennel license to owners of property within 150
feet of the applicant's property as required by City Ordinances Section 1- 105.5a. Mailed notice to
the owner /applicant.
August 8 through August 22, 1997
Received seven written responses; six requesting denial, one requesting approval.
September 11, 1997
City Manager sent letter to Mr. Hansen denying application for a private kennel license and allows
until October 12, 1997, to come into compliance with City Ordinances.
® September 11, 1997
Mailed notice of denial of application for private kennel license to owners of property within 150
feet of the applicant's property as required by Section 1- 105.5b.
September 25, 1997
Received letter from Mr. Patrick Hansen requesting a public hearing before the City Council as
allowed by City Ordinances Section 1- 105.5b.
October 3, 1997
Mailed notice of public hearing to owner /applicant and owners of property within 150 feet of the
applicant's property.
October 15, 1997
Published public hearing notice in the Brooklyn Center Sun -Post setting date for public hearing as
October 27, 1997.
Council Action
It is requested that the Mayor open the public hearing, take public comments, close the public
hearing, and then render a final decision to reverse, affirm, or amend the City Manager's decision
to deny a private kennel license for Patrick Hansen, 5425 Irving Avenue North.
City of Brooklyn Center 6301 Shingle Creek Pkwy • 55430 -2199
(612) 569 -3300
License Application
Private Kennel Annual Fee: $30
Annual Expiration: September 30
TO THE HONORABLE CITY COUNCIL: Date: -7
OWNER (A.PPLICANT)
Name. n ��"� �A 1�`e k—
Last First Middle
Address: _S4 .5 - ,7- - /'viyt9 /4 re of C 2 NN ssg3o
(Street Address, City, State, Zip) p
Telephone Number: �Ca Sbd — T b 3 4 � ke lut ' -f oo -toz7 /31:.�c
Attach a sketch or drawing with this application describing the construction and operation of the proposed
kennel, or, if the animals are to be confined within the family dwelling unit, indicate this in the space
provided.
Indicate the number of animals together with their name (if any), age, breed, and sex (use additional
sheets if necessary).
NAI, AGE BREED SEx.
�o
�on C 1 /'z Cock-
Soc `7 )-, t a b f } ci r�r- VA iX F
The undersigned hereby applies for a private kennel license and acknowledges receipt of a copy of City
Ordinance Sections 1 -101 through 1 -120 and attests the subject premises will be operated and maintained
according to the requirements contained therein. Submitted with this application is proof of current rabies
vaccination and City dog license for each animal and the license fee in the amount of $30.00.
A being first dul sw T sworn, upon his /her oath deposes and says that he/ she is
Y , P
P Y
the person who has executed the foregoing application and that the statements made therein are true of
his,'her own knowledge and belief.
Y 1
Signature of Applicant
Subscribed and sworn to before me this - `i day of �C
s
•n LlAM
� � y �! --� .,
Notary Public �.= C� �h� -� �, ; ;,,� ✓� SHAr,C; _ �N
1 _ • >; U
�� HENN�� • , _ L JTY s
County y Yes, r, t
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J1CR:,SSic^ c'
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PET LICENSE, License Tag
Expires 1-7 No. {�
Name Q
Dat �S ( 7 t--
Address T _ Amount Received
Name of Animal Marking 44;t_. [j Male [ smile r— Unsexed �
Y
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Al A,
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I hereby acknowledge receipt of amount indicated above, being the amount due for pet license for one pet as described
above. You are aunt— hoorriize1d fo eep m aid _ pet without further payment until Pet Tax for next fiscal year becomes due.
PET LICENSE -f6 License Tag
Expires C �
T j
Name
I `
Addres�v Amount Received
Name or Anima('` Marki g 41a1er+ale Unsexed 1 �
i
m S l l J Q J ��h�"�p y �� � ( CI l
QJ L Q
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I hereby acknowledge receipt of amount indicated above, being the amount due for met license for ore pet as described
above You uth r, e o ee x id pet without further payment until Pet Tax for next_ fiscal year becomes due.
rte' B /
• ,f
C E R T I F I C A T E O F V A C C I N A T I O N
Date of Rabies Vaccination: 07 -11 -97 CERTIFICATE NO: 22185
Next Rabies Vaccination On: 07 -11 -99 Previous Rabies Vaccination:
• - - -- VETERINARY CLINIC-------------------- - - - - -- -OWNER --------------
Bass Lake Pet Hospital Connie Franks
8119 Bass Lake Road 5425 Irving Ave N
New Hope, MN 55428 Brokklyn Ctr, MN 55428
612 535 -4250 County
612 560 -4636 Wk:
This is to certify...
THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW.
Vaccination: Canine Rabies, 2 Year -22185
Patient information...
NAME: Socky TAG NO: 22185
SPECIES: Canine WEIGHT: 0.00 SEX: F AGE: 17w
BREED: Labrador Retriever Mix
COLOR & MARKINGS: B(l,,k/W
Signed �'L.J' 1.lYl(� License: 107 -85
Camp e McArdle, DVM
Vaccinations done...
264 Intestinal Parasite Exam 07 -11 -97 Camille Mc_-Xrdle, DVM
1 04 K -9 Distemper(DHIPPC) booster 07 -11 -97 Camille McArdle, DVM
102 Canine Rabies, 2 Year -22195 07 -11 -97 Camille Mc_A dle, DVM
Rabies Vaccine Information...
MFG BY: SK3 LOT NO: 131838060 LOT EXP: 041898 VIRUS: {V ALM:
•
=== sasss= ssssssssssssa sssasasssssssasaassssssssssssassssssssssas =sss
C E R T I F I C A T E O F V A C C I N A T I O N
Date of Rabies Vaccination: 05 -02 -97 CERTIFICATE N0:
Next Rabies Vaccination On: 05 -02 -98 Previous Rabies Vaccination:
• - - -- VETERINARY CLINIC -------------------- - - - - -- - OWNER OF ANIMAL --------- - - - - --
Bass Lake Pet Hospital Connie Franks
8119 Bass Lake Road 5425 Irving Ave N
New Hope, MN 55428 Brokklyn Ctr, MN 55428
612 535 -4250 County
612 560 -4636 Wk:
This is to certify...
THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW.
Vaccination: Canine Rabies, 1 Year -
Patient information...
NAME: Cookie TAG NO:
SPECIES: Canine WEIGHT: 0.00 SEX: F AGE: 20m
BREED: Cock. Mix
COLOR & MARKINGS: Slk /W
Signed License:
Vaccinations done...
' -1- Lymes Vaccination, 2nd of 2 07 -11 -97 Camille McArdle, DvmL
260 Hearzworm, Antigen Test 06 -05 -97 Rick Camercn, DVM
1 1 , -
- vmes Vaccination, 1st of 2 06 -05 -97 Rick Camercn, DVM
. 264 Intestinal Parasite Exam 05- 02 -97
i05 Annual K -9 D_stemper(DH7 PPC) 05 -02 -97
10i Canine Rabies, 1 Year- 005 -02-97
Rabies Vaccine Information...
MFG BY: SKS LOT VC. _3-938060 LJ'_' EXP. 04 VIRUS. KV AZM:
•
1
PET ICENSE License Tag
3 1& Lk,-, 34 No. 437 C**J
Expires 1`�1
Name Dat " rz,
Addres _ I mount Received 3
Name of Animal -Markings' f '`'� [ Male f_'( emale Unsexed
IT
* 1 J O .�.' " - � d 2 /
TI
/
• i hereby acknowledge receipt of amount indicated above, being the amount due for pet license for one pet as described
above. You are authorized to said pet without further payment until Pet Tax for next fiscal year becomes due.
BY
• e
- aaam3= amsaaaa= aamm= asa saaanmaaa= aasmmaaasaaasaasam= sagas= 3saasaamm= a aaaaamaam
C E R T I F I C A T E O F V A C C I N A T I O N
Date of Rabies Vaccination: 03 -28 -96 CERTIFICATE NO: 13389
Next Rabies Vaccination On: 03 -29 -98 Previous Rabies Vaccination:
• - - - --
- - -- VETERINARY CLINIC -------------------- - - - - -- - OWNER OF ANIMAL
Bass Lake Pet Hospital Patrick Hansen
8119 Bass Lake Road 5425 Irving Ave. N.
New Hope, MN 55428 Brooklyn Cnt, MN 55430
612 535 -4250 County
This is to certify... 612 560 -4636 Wk: 800 - 627 -3529
THAT I HAVE VACCINATED AGAINST RABIES THE ANIMAL DESCRIBED BELOW.
Vaccination: Canine Rabies, 2 Year -18389
Patient information...
NAME: Bo TAG NO: 19389
SPECIES: Canine WEIGHT: 0.00 SEX: S AGE: 2y
BREED: Sprg Mix
COLOR & MARKINGS: Sltk //W
Signed r +t� ✓ License:
Vaccinations done...
250 Heart-worm, Antigen Test 05 -09 -97 Camille McArd DVM
113 Limes Vaccination, Annual 05 -09 -97 Camille McArdle, DVM
105 Annual K -9 0istemper(DEiL2PC) 05 -09 -97 Camille McArdle, DVM
• 110 Berdetel'_ (Kennel Couch) 05 -09 -97 Camille McArdle, DVM
254 Intestinal Parasite Exam 05 -09 -97 Nick Cameron, DVM
112 wines Vaccination, 2nd of 2 06 -20 - 96 Rick Cameron., DVMi
- -- L;rmes Vacc4nati.on, i 04 -1B -96 Rick C st of 2 amercr., V','-
_02
Canine Rabies, 2 Year -13389 03 -29 -96
R abies Vaccine In.or: nation--=______________ ___________________ __________ __
MFG BY: SKS LOT NO: 131838060 L'T 17 -XP: 041398 V - -RUS: KV ACM:
•
MEMORANDUM
TO: David Fisher, Building Official
FROM:
Sharon Knutson, City Clerk
DATE: August 6, 1997
SUBJECT: Private Kennel License Application for 5425 Irving Avenue North
On July 28, 1997,1 received an application for a private kennel license from Patrick Hansen,
5425 Irving Avenue North, telephone number 560 -4636 (Note: applicant is hearing impaired;
Relay number is 1 -800- 627 - 3529), to keep three dogs.
City Manager Michael McCauley requests a sanitation inspection by the inspection department
be completed and a recommendation be submitted.to him. Please submit the report to me by
August 20, 1997. Should you have any questions relevant to this inspection, please call me.
. Thank you for your cooperation.
cc: Brad Hoffman
•
Sharon Knutson
• From: Janine Atchison
To: Sharon Knutson
Subject: Patrick Hanson
Date: Thursday, August 28, 1997 3:49PM
Both Jim Davis and Dave Fisher have recently been in the house at 5425 Irving Ave N, owned by Patrick Hanson.
According to them both, the house and yard are in good, clean condition and the animals are receiving very good
care.
Based on their observations, there is no need to conduct another inspection of the house. The house and yard
meet all the inspectton requirements for kennel licensing.
Pase 1
•
MEMORANDUM
TO: Scott Kline, Police Chief
FROM: Sharon Knutson i
City Clerk YL
DATE: August 8, 1997
SUBJECT: Private Kennel License Application for 5425 Irving Avenue North
On July 28, 1997, I received an application for a private kennel license from Patrick Jess
Hansen, 5425 Irving Avenue North, to keep three dogs.
City Manager Michael McCauley requests a records check be completed to verify any complaints
on these dogs. Please check your records for complaints and send the report to me by August 20,
1997. Thank you for your cooperation.
' ROOKLYN CENTER BROOKLYN CENTER BROOKLYN CENTER
ROOKLYN CENTER BROOKLYN CENTER BROOKLYN CENTER
IROOKLYN CENTER BROOKLYN CENTER BROOKLYN CENTER
IROOKLYN CENTER BROOKLYN CENTER BROOKLYN CENTER
' ROOKLYN CENTER BROOKLYN CENTER BROOKLYN CENTER
LROY S. RODEN HOWARD L. BURSCH ARNOLD J. DOOOS
406 IRVING AVE N 5407 IRVING AVE N 5412 IRVING AVE N
ROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CEN'T'ER MN 55430
LENN I. WIGGINS ARTHUR F. BRUSS STEPHEN WOWCHAK
ONNA J. WIGGINS 5418 IRVING AVE N OKSANA WOWCHAK
413 IRVING AVE N BROOKLYN CENTER MN 55430 5419 IRVING AVE N
ROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430
ICHAEL J. BAILEY PATRICK J. HANSEN CARL J. HOL'INEIER
1,ARICE D. BAILEY JOY L. DALEN MILDRED E. HOLIMEIER
424 IRVING AVE N 5425 IRVING AVE N 5430 IRVING AVE N
ROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430
AVID F. FINK KEVIN K. VANG MEE VANG
431 IRVING AVE N SUE MEE VANG 5436 IRVING AVE N
ROOKLYN CENTER MN 55430 5436 IRVING AVE N BROOKLYN CENTER, MN 55430
BROOKLYN CENTER MN 55430
iIARON MOTTER JOHN J. WITKOWSKI RICHARD C. ARNTSON
137 IRVING AVE N 5412 JAMES AVE N DOLORES M. ARNTSON
ROOKLYN CENTER MN 55430 BROOKLYN CENTER MN 55430 5418 JAMES AVE N
BROOKLYN CENTER MN 55430
- )NGVIENG PHOMPKAKDY PAUL D. YANZER KYLE L. STENSRUD
?LISSA A. BIRD AMY C. YANZER 5436 JAMES AVE N
124 JAMES AVE N 5430 JAMES AVE N BROOKLYN CENTER MN 55430
200KLYN CENTER MN 55430 BROOKLYN CENTER MN 55430
is 0 •
3 City of Brooklyn Center
A great place to start. A great place to stay.
August 8, 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KENNEL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, NIN 55430
City Ordinance Section 1- 105.5a requires the City Clerk to mail notice of the license application
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City Manager approve a private kennel license for Mr. Hansen to
keep three dogs on his property at 5425 Irving Avenue North? (please circle)
Yes
No based on the following (please circle):
excessive dog feces in yard
dogs bite
dogs running -at -large
Other comments specifically related to the keeping of the dogs:
Name
Address
Sianature
Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway,
Brooklyn Center, Minnesota 55=130. Questions or concerns regarding the private kennel license
application should be directed to City Clerk Sharon Knutson at 569 -3.06.
i
6301 Shingle Creek Pkwy, Brooklyn Center,. _VLY.55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD dumber (612) 569 -3400 • F.-1X (612) 569 -3494
An A/� Action l Equal Opportunities Employer
Office of the City Manager
City of Brooklyn Center
A great place to start. A great place to stay.
•
Michael J. McCauley
City !Clanger
August 8, 1997
Mr. Patrick J. Hansen
5425 Irving Avenue North
Brooklyn Center MN 55430
y ,
RE: Private Kennel License Application
Dear Mr. Hansen:
Your application for a private kennel license, license fee, and proof of current rabies vaccination and
doa license for each animal have been received by the City of Brooklyn Center.
• Within the next fourteen (14) days, the City inspector will visit your home to complete a sanitation
inspection.
Please be advised the enclosed notice/survey has been mailed to area property owners within 150 feet
of your home. The City Manager will consider your application for a private kennel license and
either approve or deny it based on the City inspector's report and any written comments from you or
affected persons. You will be notified of the City Manager's decision.
Should you have any questions relevant to your private kennel license application, please call me at
569 -3306.
Sincerely,
Sharon Knutson
City Clerk
enc.
cc: City i'yIanazer Michael J. -NIcCaulev
6301 Shin, CreeR Pkwy, Brooklyn Center. M- 55430 -3199 • City Hall & TDD -Vum.oer (613) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • F_LY (613) 569 - 3-494
An Aj�i iiue c ionJEauai Opportunities Employer
City of Brooklyn Cente
A great place to start. A great place to stay.
• August S. 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KENNEL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, ININ 55430
City Ordinance Section 1- 105.5a requires the City Clerk to *nail notice of the license arplica *ie::
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City Manager approve a private kennel license for Mr. Hansen to
• keep three dogs on his property at 5425 Irving Avenue North? (please circle)
es
No based on the following (please circle):
excessive doh feces in yard
dogs bits
dogs running -at -large 1 f
Other comments specifically related to the keeping of the dogs:
•
City of Brooklyn Center
A great place to start. A great place to stay.
• August 8, 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KENNEL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, NL 1 53430
City Ordinance Section 1- 105.5a requires the City Clerk to mwill nCt:C� Cf bhp l; a Yp1�Cµt:Cn
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City Manager approve a private kennel license for Mr. Hansen to
keep three dogs on his property at 3423 Irving Avenue North? (please circle)
Yes
No b sed on the foil _ e circle):
xcessive dog feces in yard
ogs bite
dogs running -at -large � ,
Other comments specifically related to the beeping of the dogs. � °�JU
r
City of Brooklyn Center
n
^- `� "' 11aq
31
A great place to start. A great place to stay. .r. -
• August 8, 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KENNEL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, 1VLN1 55430
C'.ity Ord 1 - 1()5 1a ran,,irps the (`; ('1Prlt to mail ant ;C" cf the hoe ^°e ^^^l "
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City �-lanager approve a private kennel license for M.W. Hansen to
. keep three dogs on his property at 5425 Irving Avenue North? (please circle)
Yes
g based on the following (please circle):
excessive dog feces in yard
dons bite
,- dogs runpjgQK at- lar ge I I
Other comments specifically related to the keeping of the dogs:
L
August ' 1 0, 1997
•
Dear Citv Clerk and Nlanager:
In regards to Mr. Hansen's request for a private kennel license I would
strongly oppose such a permit.
Y PP P
I am concerned about the number of dogs at the residence of Mr. Hansen.
Mr. Hansen has been a very courteous neighbor, keeps his yard clean and
neat and is a good neighbor in every other way. However, with the
number of dogs (4 since May) in his yard, along with the neighbor's dogs,
the barking can become insisent and excessive. I have only called the
police once about 2 weeks ago. On this incident the dogs started barking at
about 11:30 pm and continued for 15-20 minutes before I contacted the
authorities. I was concerned for the dogs and for Mr. Hansen.
I am well aware that Mr. Hansen is hearing impaired, I know he doesn't
hear the dogs barlcing but when he had two dogs it was tolerable. This
summer has been very difficult with' the four. Any time I come home I
may be barked at, not by one dog, but by six (four of Mr. Hansen's and two
• neighbors'). If I go on the south part of my yard I may get barked at. If I
play with my dog in the backyard it is a crazy frenzy of barking.
In regards to the dogs running at large it is not a problem per say. But the
two larger dogs are capable and have been known to climb (not jump) the
fence. As recently as Thursday. August 7th I witnessed one of the dogs
(black/ white named Bo) climb the • fence and go into the front yard.
i am also concerned that with tour do living next door the value of our
own home will decrease when we are ready to sell. I don't know too many
people who will willingly live next to three or more barking dogs.
For the reasons stated above as well as the overall peace and quiet for the
neighborhood I ask that the city does not grant a private kennel license to
Mr. Hansen. Thank you for considering our opinion.
Sincerely,
•
City of Brooklyn Center
A great place to start. A great place to stay.
August 8, 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KENNEL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, NIN 55430
City Ordinance .Section 1- 105.5a requires the City Clerk to mail notice of the license appli cation
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City Manager approve a private kennel license for Mr. Hansen to
keep three dogs on his property at 5425 Irving Avenue North? (please circle)
Yes
No based on the following (please circle
excessive o- s in yard
dogs b
�ogs running -at -lame �
Other comments specifically rel to the keeping of the do's f L�4 -��t
•
City of Brooklyn Center
A great place to start. A great place to stay.
• August 8, 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KENNEL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, NIN 55430
City Ordinance Sect 1- 105.5a requires the C;r%' rl r to :nail notice of the license application.
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City Manager approve a private kennel license for Mr. Hansen to
keep three dogs on his property at 5425 Irving Avenue North? (please circle)
Yes
No aced on the following (please circle):
excessive doQ feces in yard
dogs bite
dogs running- at -lar
Other commen ally related to the keeping of the dogs:
City of Brooklyn Center
Agreat place to start. .1 great place to stay.
� 1
August 8, 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KENNEL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, TvIN 55430
City Ordinance Sec 7-l0S.�3 rprni�roc t� h - � r —../ ' tct Clerk to m3; ,^.Ot'r�o .f r}, t'�o,Ze �: ..
..1 . �� V l aL.r Vl LL1V ll\.4.11Jlr sppl... 11
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City Manager approve a private kennel license for NMr. Hansen to
• keep three dogs on his property at 5425 Irving Avenue North? (please circle)
Yes
6 10>ased on the following (please circle):
excessive dog feces in yard
dogs bite
dogs running -at -large
Other comments specifically related to the keeping of the dogs: r.
Name "
Address
Signature
Please mail this survey to City Clerk, City of Brooklyn Center, 6501 Shingle Creels Parkway,
Brooklyn Center. tilinnesota, 55430. Questions or concerns regarding the private kennel license
application should be directed to Ciry Clerk Sharon Knutson at 569 -3306.
•
6301 Shingle Cree.Q Pkxv, Brcoklyr Center, .11.V55430-2199 • City Hall & TDD Number (61?) 009 -3300
Recreation and Community Center Phore & TDD dumber 612 • FAX (613) 569 - 3494
An A;1, ,rmat'z e Action E uai Opportunities Employer
City of Brooklyn Center
A great place to start. A great place to stay.
�i
• August S, 1997
NOTICE OF RECEIPT OF APPLICATION
FOR PRIVATE KEN NI EL LICENSE
Please take notice that the City Clerk of the City of Brooklyn Center is in receipt of an application
for private kennel license to keep three dogs.
APPLICANT: Patrick Hansen
5425 Irving Avenue North, Brooklyn Center, MN 5 430
Ci_ry Ordinance Section 1 - 105,5a r? --z the ri ('la *tr t m2; not:Ce of L lice ^.S� wppl;cat;o
to the owners of property within 150 feet of the proposed kennel location. Within fourteen (14)
days of the date of this notice, the City Manager will approve or deny the license application
based on the police report and WRITTEN comments by the applicant or any affected person. All
information provided in the written comments becomes public information. Notice of approval
or denial will be mailed to owners of property within 150 feet of the proposed kennel location.
Please complete the following survey and return within fourteen days.
Should the City Manager approve a private kennel license for Mr. Hansen to
keep three dogs on his property at - Irving Avenue North? (please circle)
Ye
No ased on the following (please circle):
excessive dog feces in yard
dogs bite
dons running -at -large
Other comments,specifically related to the keeping of th eg, d / ogs:
-,g 4-,-e Cf 44 �c -lr' /�ZAS-2r7 t5 C 1
Name
Address
Signature
Please mail this survey to City Clerk, City of Brooklyn Center, 6301 Shingle Creek Parkway,
Brooklyn Center, Minnesota, 55430. Questions or concerns regarding the private kennel license
application should be directed to City Clerk Sharon Knutson at 569 -3306.
6301 Shingle Creek Pku y, Brooklyn Center W-V 55430 -2i99 • City Hall dz TDD Number (612) 569 -3300
Recreaticn and Community Center P ^one &; TDD Num&er (612) 569 -3400 • FAX 612) 569 -3794
__n Ajj,r .natiae Action!Equal Opportunities Employer
31 City of Brooklyn Center Office of the City Manager
A great place to start. A great place to stay.
•
Michael J. McCauley
City :11anager
September 11, 1997
iNIr. Patrick Hansen
5425 Irving Avenue North
Brooklyn Center, vEt 55430
RE: Private Kennel License Application
Dear Mr. Hansen:
I have received your application for a private kennel license dated July 28, 1997. In accordance with
Brooklyn Center City Ordinances, notice of the license application was mailed to property owners
within 150 feet of the proposed kennel. The Police Department and Inspections Department submitted
reports on the proposed kennel with relation to health and safety issues.
After considering the report from the Police Chief and public comments received, please be informed
that I am denying your request for a private kennel license to house three or more dogs on your
residential premises. You will be allowed until October 12, 1997, to come into compliance with City
Ordinances which require no more than two dogs on your premises.
I fund that the issuance of this license would have an adverse affect on the health, safety, welfare, or
property values of persons residing, living, or owning property within the immediate area. I base this
finding on written public comments received.
You should also be aware there are other City Ordinances which require Brooklyn Center residents to
control barking and other nuisances generated by the keeping of pets, such as dogs. on their properly.
We expect all citizens will be in compliance with these requirements. Dog owners are particularly
responsible for barking of their dogs and causing a nuisance to their neighbors.
Under v v
L er Brookl, n C„nter City Ordinances, the City �✓Iana�ers decision in these matters is appealable to
the City Council. To institute this appeal process, you must submit to my office, within 14 days of
receipt of this notice. a written request for a hearing before the City Council. Should you choose the
acpeal option. the Ciry Council will hold a public hearing on your appeal af'Ler mailed notice to
adjoining proce: �j owners.
•
6301 Shingie Creek Pkwy, Brooklyn Center, 1Iti 554,30 -2199 • City Hall do TDD Number (612) 569 -3300
Recrea,%or. and Communitv Center Phone & TDD Number (612) 569 -3400 • FAX (612) 609 -3494
An TTirrnatice Action; Eauai Opportunities Employer
Mr. Patrick Hansen
• Pa
September 11, 1997
Should you have any questions with regard to this matter, please call Assistant City Manager Jane
Chambers at 569 -3300.
Sincerely, _
Michaet J. McCaulev
City Nfanager -
, iJ�f:sk
cc: Sharon Knutson
•
•
September 11, 1997
NOTICE OF DEN
LAL OF APPLICATION
FOR PRIVATE KENNEL LICENSE
TO WHOM IT MAY CONCERN:
Please take notice that the City Manager of the City of Brooklyn Center has denied an application
for private kennel license for Patrick Jess Hansen, 5425 Irving Avenue North, and has allowed
Mr. Hansen until October 12, 1997, to come into compliance with the City Ordinances which
require no more than two dogs on the premises. The City Manager based his decision on the
intent of the City Ordinances to limit the keeping of animals in residential areas and written
comments received by affected persons.
City Ordinance Section 1- 105.5b requires the Q
q City Clerk to mail notice of the City Manager's
decision to approve or deny the applicant's private kennel license application to the owners of
property within 150 feet of the proposed kennel location.
The owner or any other affected person may request a hearing before the city council to show
cause why the decision should be changed. A WRITTEN request for the hearing must be
received by the City Manager within fourteen (14) days of the date of this notice. Direct written
requests to City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, 55430.
If a written request for a public hearing before the city council is received, notice of the date and
time of the public hearing will be mailed to owners of property within 150 feet of the proposed
kennel location. Following the public hearing, the City Council shall render a final decision
reversing, affirming, or amending the decision of the City Manager.
Questions or concerns regarding the private kennel license application denial should be directed
to City Clerk Sharon Knutson at 569- 306.
Sharon Knutson
ACA
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• AF ve. l,orrh
oklyn c:eurer. ,It,—V55430
31 City of Brooklyn Center
A great place to start. A great place to stay.
•
October'), 1997
Mr. Patrick Hansen
5425 Irving Avenue North
Brooklyn Center, VN 55430
RE: Private Kennel License Application - Request for Public Hearing
Dear. 1�Ir. Hansen:
Enclosed is a copy of the public hearing notice being mailed to area property owners within 150 feet of your
property. As stated in the notice, the public hearing will be held on Monday, October 27, 1997, at 7 p.m.
or as soon thereafter as the matter may be heard.
You are not required to be present at the public hearing, but you may wish to attend so you can answer any
questions the Cin Council may have. As you have requested, an interpreter v� ll be provided for the meeting
and I will contact the interpreter you suggested in vour letter.
Should you have any s questions relevant to the public hearing, lease call me at 369 -3306.
q P .�P
Sincerely.
Sharon Knutson
Ciro Clerk-
enc.
cc: City tilaraQer Michael McCauley
Assistant City Manager Jane Chambers
•
6301 Jning_e Cr ee' ?&w y, Brooki":n Cente. *, VV 56 -30- .199 • Cite rcii & TDD dumber (612) 569 -3300
Recreation and. Corr_manity Center ?hone &; TDD Vumcer (612i 669 -3400 * 1 612i 5(59 -3494
ar�armati�e �ction!Eauci Opportunities Em- plover
•
October 3, 1997
NOTICE OF PUBLIC HEARING
Monday, October 27, 1997
Council Chambers
City Hall
7 p.m. (or as soon thereafter
as the matter may be heard)
TO WHOM IT MAY CONCERN:
Please take notice that the City Manager of the City of Brooklyn Center has received a written
request fora public hearing before the City Council to show cause why the City Manager's decision
to deny the private kennel license submitted by Patrick Hansen, 5425 Irving Avenue North, to keep
three dogs should be changed.
The City Council will make its decision based on the City inspector's report, any written comments
by the applicant and any affected persons, and anyone wishing to address the Council at the public
• hearing. y
Attendance is not required; however, if you would like to express your concerns or comments
directly to the City Council, you are encouraged to attend. If you are unable to attend the City
Council meeting, written comments should be directed to the City Council. If you previously
submitted written comments to the City Manager, they will be forwarded to the City Council.
Following the public hearing, the City Council shall render a final decision reversing, affirming, or
amending the City Manager's decision.
Questions or concerns regarding the public hearing should be directed to City Clerk Sharon Knutson
at 569 -3306.
-J �c
Sharon Knutson
•
CITY OF BROOKLYN CENTER
• NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center will hold a
public hearing on Monday, October 27, 1997, at 7 p.m. or as soon thereafter as the matter may be
heard in the City Hall Council Chambers, 6301 Shingle Creek Parkway, to consider an application
for private kennel license submitted by Patrick Hansen, 5425 Irving Avenue North, Brooklyn Center,
Minnesota, Hennepin County.
BRIEF STATEMENT OF CONTENTS OF APPLICATION: Application for a private kennel
license to keep three dogs at the residence at 5425 Irving Avenue North, Brooklyn Center,
Minnesota, Hennepin County.
Sharon Knutson
City Clerk
(Published in the October 15, 1997, Brooklyn Center Sun -Post)
•
• TABLE OF CONTENTS
ANIMALS - CHAPTER 1
cti
Definitions .......................
..................................-............................................... ............................,. 1-101
LicensesRequired .............................................................................................. ..............................1 -102
LicenseFees ....................................................................................................... ..............................1 -103
VaccinationRequired ........................................................................................ ..............................1 -104
Application Procedures and Issuance of Licenses .................... ..................... ..............................1 -105
Standardsfor Private Kennels ....................................................................:....... ..............................1 -106
Standard for Commercial Kennels ..................................................................... ..............................1 -107
Keeping of Dogs is Limited .................
.............................................................. ..............................1 -108
Keepingof Cats is Limited. ............................................................................... ..............................1 -109
NuisanceProhibited .... .. ........................................................................... ..............................1 -110
Running at Large Prohibited ......................... ...............................
..................... ............................... 1-111
AnimalControl Officer ................................................................._.................... ...................._.........1 -112
EnforcementProcedures .................................................................................... ..............................1 -113
Quarantine.......................................................................................................... .._...........................1 -114
DangerousAnimals ............................................................................................ ..............................1 -115
TreatmentsDuring Impounding ........................................................................ ............................... 1-116
Redemption of Impounded Animals .................................................................. ..............................1 -117
Disposal of Unredeemed Animals . .................................................................................................. 1 -118
Abandonment............................................................................. ...............................
........................ 1-119
Penaln. .................................................................................................................. ............................1 -1 20
CHAPTER 1 - ANIMALS
• Section 1 -101. DEFINITIONS. The following erms when used in this ordinance have S , h e the
meanings ascribed to them:
1. Animal. Animal means dogs and cats.
2. Animal Control Office Animal Control Officer means that person or agency designated
by the City Manager to control the keeping of animals within Brooklyn Center.
3. At large means an animal that is off the property of its owner and not under restraint.
4. Commercial Kennel, Commercial Kennel means any place limited to C2, I -1 and 1 -2 zoning
districts where the business of keeping, raising, selling, boarding, breeding, showing,
treating, or grooming of dogs and other animals is conducted, including pet shops, animal
hospitals and other similar establishments.
5. Family. Any of the following definitions shall apply:
a. A person or persons related by blood, marriage, or adoption, together with any
domestic servants or gratuitous guests, maintaining a common household in a dwelling
unit;
• b. Group or foster care of not more than six (6) wards or clients by an authorized P erson
or persons, related by blood, marriage, or adoption. together with anv domestic
servants or gratuitous guests, all maintaining a common household in a dwelling unit
approved and certified by the appropriate public agency;
C. A group of not more than five (5) persons not related by blood, marriage, or adoption
maintaining a common household in a dwelling unit.
6. Owner. Owner means any person or the parent or guardian of a person under 13 years of
age who owns, keeps, or has custody of an animal in the City of Brooklyn Center.
7. Person. Person means any person, firm, corporation, partnership, joint venture or
association.
S. Private Kennel means any premises zoned or used for R1 and R2 purposes, as defined in the
Brooklyn Center City Ordinances, on which three or more dogs or four or more cats six
months old or older, are kept or harbored as pets and not for selling, boarding, showing,
treating, grooming or other commercial purposes. v
• 1 -1
9. Under Restraint means an animal that is controlled by a leash or at heel beside a competent
• person having custody of it and obedient to that person's commands, or within a vehicle
being driven or parked on a public street, or if it is within the property limits of its owner's
premises.
Section 1 -102. LICENSES REQUIRED.
1. Dog Licenses. No person shall own, harbor, keep or have custody of a dog over six
months of age within the City of Brooklyn Center unless a current license for such dog has
been obtained as provided in this ordinance. Each license shall be valid for the duration of
the effective period of the dog's rabies vaccine as stated in the Compendium of Animal
Rabies Vaccines published by the Conference of State Public Health Veterinarians and the
Center for Disease Control of the Department of Health and Human Services. Dogs kept
in a commercial kennel need not be individually licensed.
2. Commercial Kennel License Every person operating a commercial kennel shall annually
obtain from the City Clerk, upon authorization by the City Council, a commercial kennel
license. Commercial kennel licenses shall be posted in a conspicuous place within the
licensed premises.
3. Private Kennel License Every person operating or maintaining a
private kennel shall annually obtain from the City Clerk, upon authorization by the City
• Council, a private kennel license.
Section 1 -103. LICENSE FEES. The license fee for each dog license, each
commercial kennel license, each private kennel license, each duplicate license, each renewal license,
each impounding penalty, and the late penalty described herein shall be as set forth by City Council
resolution.
1. Late Penaltv. If any license required hereunder is obtained while the dog is impounded by
the City, or after the required licensing period has commenced, there shall be added to the
regular license fee, a late license penalty as set forth by City Council resolution. provided,
however, that any person who acquires a dog after the start of a license year, or any person
who owns, keeps, harbors, or has custody of a dog at the time of becoming a resident of the
City, shall be allowed 30 days to secure a license, without incurring anv late license penalty.
2. Refunds. Prorating and Transfers No dog license fee, commercial kennel license fee, or
private kennel license fee shall be refunded or prorated, the provisions of Chapter 23 of
Brooklyn Center Ordinances notwithstanding. No license required hereunder shall be
transferrable.
Section 1 -104. VACCINATION REQUIRED. The owner of every dog in Brooklyn Center shall
• cause such dog to be currently vaccinated for rabies. A certificate of vaccination or other statement of
the same effect executed by a licensed veterinarian shall constitute prima facie proof of the required
vaccination.
Section 1 -105, APPLICATION PROCEDURES AND ISSUANCE OF LICENSES.
Applications for all licenses required by this ordinance shall be made to the City Clerk.
1. Dog License The application for a dog license shall include the name and address of the
owner of the dog and such other information as the City Clerk shall require. All applicants
shall be of legal age. Applicants shall provide a certificate issued by a doctor of veterinary
medicine showing that the dog has been vaccinated against rabies, the type of vaccine used,
and the length of time the vaccination is effective.
2. Issuance of Dog License Upon receipt of the application, the license fee and proof of a
rabies vaccination, the City Clerk shall issue a metallic license tag bearing the license
number, the name of the City and the year and month when the license period ends. The
dog shall continuously wear a collar or harness to which the license tag is firmly affixed.
It shall be unlawful for any person to make or use a counterfeit tag.
3. Replacement of Lost Doc License If any dog license tag is lost or stolen, the applicant
may obtain a new tag by surrendering the license payment receipt and by paying the charge
for a duplicate license as set forth by City Council resolution.
4. application for Commercial Kennel License.
a. Initial application for a commercial kennel license shall be made to the City Clerk.
The application shall state the name and address of the applicant, the property address
or legal description of the proposed kennel location, a sketch or drawing of the
proposed kennel describing construction, operation, and the approximate number of
animals to be confined therein, together with their age, breed, and sex, and together
with the applicable license fee.
b. Hearing Required. A commercial kennel license application shall be referred to the
Public Health Sanitarian who shall review the kennel design and operation and make
a recommendation to the City Council on the adequacy thereof. Applications for
commercial kennel license shall be placed on the agenda of the City Council for a
public hearing at the regular City Council meeting next following 14 days after the
application is received. Not less than seven (7) days before the date of the public
hearing, the City Clerk shall mail notice of the hearing to the applicant and to the
owners of property within 150 feet of the proposed kennel location. The failure of any
owner to receive such notice shall not invalidate the proceedings.
• 1 -3
c. Council Aonroval The City Council may approve the commercial kennel license and
may attach to such approval any conditions necessary to insure compliance with this
ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to
protect the health, safety, welfare, and property values in the immediate area. The
City Council may deny a commercial kennel license upon finding that the
establishment of the kennel would constitute a public nuisance, or would adversely
affect the health, safety, welfare or property values of the person residing, living, or
owning property within the immediate area. The form of approval for a license shall
be the resolution of approval, a certified copy of which shall be forwarded to the
applicant.
d. Renewal of License. A copy of the commercial kennel license shall be forwarded to
the City Clerk who shall maintain a register of kennel licenses. Subject to any time
limitation set by the City Council, the license shall be valid for a period of one year
and until October 1 of the then current calendar year and shall be renewable on
October 1 of each year thereafter by the City Clerk upon payment of a renewal license
fee set forth by City Council resolution, only in the event no complaint regarding the
kennel's operation has been received during the license year. In the event that no
revocation of the license is made or contemplated by the City Council, the license
shall be renewable as set forth in this subdivision.
e. License Revocation. In the event a complaint has been received by City officials, a
• report thereof shall be made to the City Council by the City Clerk and the City
Council may direct the applicant to appear to show cause why the license should not
be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of
the Brooklyn Center Ordinances or an condition imposed Y y posed at the time of issuance.
5. Application for Private Kennel License.
a. Initial application for a private kennel license shall be made to the City Clerk. The
application shall state the name and address of the applicant, the property address or
legal description of the proposed kennel location, a sketch or drawing of the proposed
kennel describing construction, operation, and the approximate number of animals to
be confined therein, together with their age, breed, and sex. Proof of current rabies
vaccination and City dog license for each animal and the applicable license fee must
accompany the application. Not less than seven (7) days after receipt of the
application for a private kennel license, the City Clerk shall mail notice of the license
application to the owners of property within 150 feet of the proposed kennel location.
The failure of any owner to receive such notice shall not invalidate the proceedings.
b. Consideration Process. A private kennel license application shall be referred to the
Public Health Sanitarian who shall review the kennel design and operation and make
a recommendation to the City Manager on the adequacy thereof. Within fourteen (14)
• 1 -4
days after the notice of application is mailed to area property owners, the City
Manager or the City Manager's designee shall review the Public Health Sanitarian's
report, consider written comments by the applicant and any other affected persons, and
either approve or deny the application. Within fourteen (14) days after the notice of
the City Manager's decision is mailed to area property owners, the owner or any other
affected person then may request a hearing before the City Council to show cause why
the decision should be changed. A written request for the hearing must be received
by the City Manager within such fourteen (14) days. Following the public hearing,
the City Council shall render a final decision reversing, affirming, or amending the
decision of the City Manager.
c. Standards for Approval The City Manager may approve the private kennel license
and may attach to such approval any conditions necessary to insure compliance with
this ordinance, with Chapter 19 of the City Ordinances, and any other condition
necessary to protect the health, safety, welfare, and property values in the immediate
area. The City Manager may deny a private kennel license upon finding that the
establishment of the kennel would constitute a public nuisance or would adversely
affect the health, safety, welfare or property values of the person residing, living, or
owning property within the immediate area. The form of approval for a license shall
be a memorandum of approval from the City Manager outlining any conditions
necessary to insure compliance.
• d. Renewal of License. A copy of the private kennel license shall be forwarded to the
City Clerk who shall maintain a register of kennel licenses. Subject to any time
limitation set by the City Manager, the license shall be valid for a period of one year
and until October l of the then current calendar year and shall be renewable on
October 1 of each year thereafter by the City Clerk upon payment of a renewal license
fee set forth by City Council resolution, only in the event no complaint regarding the
kennel's operation has been received during the license year. In the event that no
revocation of the license is made or contemplated by the City Manager, the license
shall be renewable as set forth in this subdivision.
e. License Revocation. In the event a complaint has been received by City officials, a
report thereof shall be made to the City Council by the City Clerk and the City
Council may direct the applicant to appear to show cause why the license should not
be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of
the Brooklyn Center Ordinances, or any condition imposed at the time of issuance.
1 -�
Section 1 -106. STANDARDS. FOR PRIVATE KENNELS. A private kennel shall consist of
• an enclosed space in which all animals are confined when not under restraint and constructed so as to
prevent the animals from running at large. Provision must be made to provide shelter during inclement
weather. Every private kennel shall be kept in good repair and shall be maintained in a clean and
sanitary condition. * It shall be unlawful to maintain a private kennel in a way which constitutes a
violation of this ordinance, a nuisance under Chapter 19 of the City Ordinances, or in violation of any
condition imposed by the City Council at the time the license is granted.
Section 1 -107. STANDARD FOR COMMERCIAL KENNELS. All commercial kennels shall
be designed, operated and maintained according to the following standards:
1. Commercial kennel floors and walls shall be constructed of impervious materials and all
structures, areas, and appurtenances shall be designed to facilitate thorough and convenient
cleaning. Commercial kennels shall be adequately ventilated and all doors, windows, and
other openings to the outside shall be screened, May through October. The commercial
kennels shall be provided with adequate and potable water supplies and shall be equipped
with sewer facilities. Plans for all new commercial kennels and repairs or alterations to
existing commercial kennels must be filed with and approved by the City's Public Health
Sanitarian as a condition of the license.
2. Operating Standards. The licensee, its agents and employees shall operate and maintain the
kennel in accordance with standards set out in Title 9, Chapter 1, Subchapter A, Part 3,
• Section 3.100 through 3.106 of the United States Department of Agriculture, Animal and
Plant Health Inspection Service, a copy of which is adopted by reference.
Section 1 -103. KEEPING OF DOGS IS LIVIITED. No family or family member shall keep,
harbor or have custody of more than two dogs exceeding six months of age in the family dwelling unit
or on the family premises without obtaining a private kennel license. Provided, however, the said
family or family member may obtain a private kennel license for the purpose of providing a period of
time, not to exceed three years, in which to find a place where the dogs can be legally, safely, and
humanely harbored.
Section 1 -109. KEEPING OF CATS IS LIMITED. No family or family member shall keep,
harbor or have custody of four or more cats exceeding six months of age in the family dwelling unit
or on the family premises without obtaining a private kennel license. Provided, however, the said
family or family member may obtain a private kennel license for the purpose of providing a period of
time, not to exceed three years, in which to find a place where the cats can be legally, safely, and
humanely harbored.
• 1 -0
Section 1 -110. NUISANCE PROHIBITED. It shall be unlawful for any person to keep an
animal in an unsanitary lace or
• y tary p condition, or in a manner which results in noisome odors, or in any
way which constitutes a nuisance or a disturbance by reason of barking, howling, fighting, or other
noise, or to maintain or permit a condition which unreasonably annoys, injures, or endangers the safety,
health, morals, comfort, or repose of any person or property.
Section I A 11. RUNNING AT LARGE PROHIBITED. It shall be unlawful for any owner to
allow its animal to run at large.
Section 1 -112. ANIMAL CONTROL OFFICER. The City Council may provide for a City
Animal Pound, either within or outside the corporate limits and may provide for an Animal Control
Officer to enforce this ordinance.
Section 1 -113 ENFORCEMENT PROCEDURES. The Animal Control Officer may capture
and impound any animal running at large, and any unlicensed dog.
Section 1 -114. QUARANTINE. Any animal, including wild animals that have bitten a person
shall immediately be impounded for at least 10 days and kept apart from other animals, under the
supervision of a veterinarian, until it is determined whether such animal had or has a disease which
might have been transmitted by such bite. Such impounding may be done by the owner, and need not
be at the pound designated by the City, but if it is not at the designated pound, the owner shall notify
the police department immediately and shall furnish proof in writing that such animal is being so
• impounded. Upon the expiration of 10 days, if it is determined that the animal does not have a disease
which might have been transmitted by such bite, it may be released, and the police department shall
be notified immediately prior to such release by the owner of the animal. If the animal is impounded
at the designated pound, it may be reclaimed as hereinafter provided. Any animal which has been
bitten by a rabid animal shall be killed or impounded and kept in the same manner for a period of six
months; provided that if the animal which has been bitten by a rabid animal has been vaccinated at least
three weeks before such bite and within one year of such bite and if it is again immediately vaccinated,
then such animal shall be confined or impounded for a period of 40 days before it is released. The
owner of an animal which has been bitten by a rabid animal shall notify the police department
immediately prior to the release of any such animal.
Section 1 -115. DANGEROUS ANIMALS. If an animal is diseased, vicious, dangerous, rabid
or exposed to rabies and such animal cannot be impounded after a reasonable effort or cannot be
impounded without serious risk to any person or persons, or if the animal has made more than one
attack on a person or persons, such animal may be immediately killed by or under the direction of a
police officer.
• 1 -7
Section 1 -116. TREATMENTS DURING IMPOUNDING. Any animal which is impounded
• in the designated pound shall be kept in accordance with Section 1 -106 of this ordinance. If the animal
is not known or suspected of being diseased and has not bitten a person or been bitten by a rabid
animal, it shall be kept in the pound for at least five days, unless it is sooner reclaimed by its owner.
If such animal is known to be or is suspected of being diseased with a disease which might be
transmitted to persons, it shall be kept in the pound for at least 10 days.
Section 1 -117, REDEMPTION OF IMPOUNDED ANIMALS. Any animal may be redeemed
from the pound by the owner upon payment of the following:
1. The license fee for the animal, if the license has not previously been obtained.
2. The late - license penalty, where a license has not been previously obtained.
3. The amount of the boarding fee which the City is required to pay the pound keeper.
4. An impounding penalty as set forth by City Council resolution.
The City Manager or the City Manager's designee may waive the late- license penalty and the
impounding penal for persons other than the owner in cases of sal
�' P e in accordance with Section 1 -113
of this ordinance.
• Section 1 -118. DISPOSAL OF UNREDEEI%IED ANINLA.LS. The City's designated pound
keeper shall make an effort to contact the owner of any animal which has been impounded and which
has identification on it. If at the end of the impounding period the animal is not reclaimed by the
owner, such animal shall be deemed to have been abandoned and may be disposed of or sold to any
person following the procedures contained in Minnesota Statutes 514.93 relating to the sale of
unclaimed animals by veterinarians. If the animal is to be kept in this City, a license shall be obtained
by such person before possession of the animal is given to the purchaser.
Section 1 -119. ABANDONMENT. It shall be unlawful for any person to abandon any animal,
including wild animals in Brooklyn Center.
Section 1 -120. PENALTY. Any person violating the provisions of this ordinance, or any
conditions of a license, shall, upon conviction thereof, be guilty of a misdemeanor and shall be subject
to a fine of not more than 5700 or to imprisonment for a period not to exceed 90 days, or both, together
with the costs of prosecution. Each day that a violation exists shall constitute a separate offense.
• 1 -8
City of Brooklyn Center
8b
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Mayor_Kragness, Councilmembers C , Hilstr m and Peppe
FROM: Michael J. McCauley, City Manager
DATE: October 23, 1997
SUBJECT: An Ordinance Amending Chapters 11 and 23 of the City Ordinances Relating to the
Sale of Pull -Tabs
The City Council tabled the proposed ordinance change to allow additional discussions with the
various affected parties regarding pull -tabs. The various parties met on October 21, 1997, for
additional discussions of this issue. The general consensus was a recommendation to defer any
action for some time on substantive changes in the ordinance. Since an ordinance was introduced
and a public hearing date was set and then continued, we would request that the City Council take
formal action to reject the proposed ordinance change. Thus, we have suggested that, by motion,
the City Council reject the proposed ordinance.
There are sections of the ordinance that need to be changed to be in compliance with State Statute
regarding the trade area within which proceeds may be spent. Rather than amend the proposed
ordinance amendment, we will simply submit technical changes at a later date. This will allow the
City Attorney to draft a new proposal with those technical changes and submit it to all of the affected
pull -tab operators prior to its introduction for consideration by the City Council.
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
received from neighbors requested the license be denied and the police report did not indicate
• any dog complaints.
Councilmember Hilstrom indicated she had been to Mr. Kitchin's property and noticed a "For
Sale" sign. Mr. Davis confirmed that Mr. Kitchin's house is for sale.
City Manager McCauley explained that he based his denial of the license on the inspection
report which indicated the backyard was all dirt, the inside of the house smelled of wet dog, and
the fact that the five dogs are large. This led to his conclusion that it would have an adverse
affect on the health, safety, and welfare of the residents.
Mayor Kragness explained that the City Ordinances are in place for the betterment of the City
as a whole, and asked what Mr. Kitchin expects of the City Council
Mr. Davis said that Mr. Kitchin is asking the Council to allow him to keep his dogs until he
sells his house. Mr. Kitchin indicated his intent is to sell his home and move out of Brooklyn
Center.
Councilmember Peppe recommended that Mr. Kitchin be given 60 days in which to rectify his
situation with his excess dogs even if he hasn't sold his house in that time.
There was a motion by Councilmember Peppe and seconded by Councilmember Lasman to
,grant N[r. Kitchin a 60 -day extension to rectify his situation with his excess dogs even if he
hadn't sold his house in that time.
ivla Kragness requested clarification on the motion.
City Attorney LeFevere explained that the motion on the table puts the applicant in the position
of continuing to operate a private kennel without a license. He suggested continuing this issue
for 60 days so that the applicant has an application pending, staff has a basis not to prosecute
because a license is pending, yet the Council has not granted a license. In 60 days the license
could be brought back for Council consideration.
Councilmember Peppe withdrew his previous motion.
A motion was made by Councilmember Hilstrom to table this issue for 60 days and if at that
time there is still an unresolved situation, then it be brought back to the Council. The motion
was seconded by Councilmember Peppe and passed unanimously.
Ay ORDI-ACE A)JEWING CHAPTERS 11 AND 2 3 OF THE CITY ORDNANCES
RELATIN "G TO THE SALE OF PULL TABS
This item was =first read on August 11. 1997. oubiished in the official newspaper on August ?0,
• 9i'8l97 _10_
1997, and is. offered for a second reading and public hearing.
City Manager McCauley explained that this ordinance amends Chapters 11 and 23
p of the City
Ordinances to delete language referring to the majority of pull -tab proceeds being contributed
to the City of Brooklyn Center, and to delete language allowing only one charitable
organization on a licensed premise.
Section 23 -1902 would be amended to include language regarding all expenditures for lawful
purposes be expended within the City's trade area. The City's trade area is defined as the cities
of Brooklyn Center, Brooklyn Park, Minneapolis, Crystal, Robbinsdale, and Fridley.
Councilmember Lasman asked if the City Ordinance can be more restrictive than State Statutes
with regard to the trade area.
City Attorney LeFevere responded that the City Ordinance can be more restrictive regarding
pull -tabs in some areas; however, with regard to the trade area the Statute is very clear that the
proceeds must be expended within the trade area. The draft ordinance amendment is as strict
as the law allows; however, the Council can loosen it up by 1) defining, a larger trade area; 2)
limiting the percentage which can be spent in the trade area; or 3) deleting all limitations on
the expenditures of the lawful proceeds.
A motion by Councilmember Carmody and seconded by Councilmember I-iilstrom to open the
public hearing passed unanimously.
Jim Madden, owner of Earle Brown Bowl, and John Russell, resident at 5312 North Lilac
Drive, requested that the ordinance remain the same with regard to the percentage of
expenditures being expended only in Brooklyn Center. With regard to the number of charitable
organizations allowed on a licensed , remise the agreed with the ordinance amendment.
r y .,
City Manager McCauley explained that the amendment to Section 23 -1902 regarding the
percentage of expenditures is being amended simply to come into compliance with State
Statutes and is a separate issue than the amendment to Section 11 -717 with regard to the
number of charitable organizations on a licensed premise.
City Attorney LeFevere explained that State law does not allow for a City Ordinance to require
a percentage of the gambling proceeds to be expended in the city.
Mr. Russell said he spoke to the Gambling Control Board and was informed the City can pass
more stringent ordinances.
City Attorney LeFevere reviewed Minnesota State Statutes Section 349.2 1 subd. 1(a), (b),
and (c).
918; 97
-11-
Mr. Russell asked if more stringent restrictions can be placed on the ordinance. City Attorney
LeFevere responded they can only subject to more specific limitations imposed by the State.
He further explained that a charitable organization can choose to spend its expenditures
P -_
however it wants, such as if they want to spend 100% in Brooklyn Center.
Gene Glorvigen, CEO of Celebrity Bowl Charities, explained that the ordinance amendment
restricts the charitable organizations from donating outside the trade area, such as a State
function being held out of the trade area.
City Manager McCauley suggested the Council adopt Section 1 of the ordinance amendment,
delete Section 2; and further discuss Section 2 and bring it back to a future Council meeting.
Councilmember Peppe left the Council table at 8:43 p.m. and returned at 8:45 p.m.
Tim Martenson, Brooklyn Center Fire Relief Association, 6925 Quail Avenue North, said the
City ordinance is in violation of the State law and said the Relief Association has donated at
least 90% of its money in Brooklyn Center. He asked if the requirement in the ordinance of
three years existence in Brooklyn Center to sell pull -tabs will be changed.
City Manager McCauley responded that there is no recommendation to change the ordinance.
The license application would be reviewed for compliance with the ordinance.
• Mr. Glorvi asked how the City would determine the three years existence in Brooklyn
Center. He said Celebrity Bowl Charities is registered with the State of Minnesota.
City Attorney LeFevere explained that it does not relate to the establishment where you would
sell the pull -tabs, it relates to the charitable organization being in existence in Brooklyn Center
for three years. It would have to be reviewed on a case -by -case basis to determine if the
applicant meets the requirements.
Councilmember Carmody requested staff to review Section 11- 717.1 with regard to a charitable
nonprofit organization being in existence in Brooklyn Center for three vears and to review the
trade area and percentage of expenditures.
Councilmember Hilstrom made a motion to table this matter to a future Council meeting so that
staff can bring back more information on the amendment to Section 11 -717.1 and 23- 1902.3.
The motion was seconded by Councilmember Lasman and passed unanimously.
The Council recessed at 8:55 p.m.
The Council reconvened at 9:09 p.m.
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson City Clerk
DATE: September 4, 1997
SUBJECT: An Ordinance Amending Chapters 11 and 23 of the City Ordinances Relating to
the Sale of Pull -Tabs
The attached ordinance was first read on August 11, 1997, published in the official newspaper on
August 20, 1997, and is offered this evening for a second reading and public hearing.
Attachment
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 OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 8th day of September, 1997,
at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle
Creek Parkway, to consider an Ordinance Amending Chapters 11 and 23 of the City
Ordinances Relating to the Sale of Pull -Tabs.
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 CHAPTERS 11 AND 23 OF THE CITY
ORDINANCES RELATING TO THE SALE OF PULL -TABS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 11 of the City Ordinances is amended as follows:
Section 11 -717. GAMBLING REGULATIONS.
• 1. Only licensed charitable nonprofit organizations that have been in existence
in Brooklyn Center for at least three years and who ear&ibute the F*.arity
may be allowed to sell pull -tabs on the premises.
:3 E)ttly one eharitable argarximtion shf4l be permitted to sell pull tabs aft the
lieensed- pre
r7ises-
4 5. The licensee may not be reimbursed by the charitable organization for any
license or permit fees, and the only compensation which the licensee may
obtain from the charitable organization is the rent fixed in the lease
agreement.
3 4. The licensee must commit to a minimum of twenty -five (25) hours of sales
of pull -tabs for the charitable organization per week.
6 5. The licensee shall be responsible for the charitable organization's conduct of
selling pull -tabs. The city council may suspend for a period up to sixty (60)
days or revoke the licensee's permission to allow gambling on the premises
for any violation of state or local gambling laws or regulations that occur on
the premises by anyone, including the licensee or the charitable organization.
• Any violation may also be considered by the city council as grounds for
suspension or revocation of the on -sale liquor license.
ORDINANCE NO.
Section 2. Chapter 23 of the City Ordinances is amended as follows:
Section 23 -1902 PULL -TABS SALE IN ON -SALE PREMISES.
3.
lawful gambling to lawful purposes withift the Gity of Braok4ytt Genter.
putposes of this ardinanee, the work "sigitifteant" is defined as ove.r
ent (90%) when averaged ever a hhree year period. The
organization must emend all of its expenditures for lawful purposes
conducted or located within he c4's trade area n
This restriction applies
only to lawful p=ose expenditures of gross profits derived from g_unb_ lint
conducted at premises within Brooklyn Center. The city's trade area is
defined as the cities of-Brooklyn Center. Brooklyn Park Minneapolis,
Crystal Robbinsdale and Fridley_
Section 3. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of 1997.
P Y ,
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Strikeout indicates matter to be deleted, underline indicates new matter.)
•
470 Pillsbury Center
200 South Sixth Street
Minneapolis MN 55402
(612) 337 -9300 telephone
& Graven (612) 337 -9310 fax
CHARTERED e -mail: atrvs@kennedy- graven.com
CHARL S L. LEFEVERE
Morney at Law
Direct INal (612) 337 -9215
July 30, 1997
Mike McCauley
City Manager
City of Brooklyn Center
6301 Shingle Creek Pkwy
Brooklyn Center, MN 55430
RE: Regulation of Pull Tabs
Dear Mike:
• Attached, for consideration by the City Council, is a proposed ordinance amendment relating to
the sale of pull -tabs.
I should first note that the Brooklyn Center Ordinances allow pull -tabs as the only permissible
form of charitable gambling. Under state law, other forms such as tipboards and paddle wheels
are also allowed. Minnesota Statutes, Section 349.213, subd. 1(c) authorizes cities to prohibit
the use of paddle wheels but requires that other regulations or prohibitions of lawful gambling
apply equally to all forms of lawful gambling within the city. This could be interpreted to
restrict the ability of the city to prohibit forms of gambling other than paddle wheels. On the
other hand, subdivision 1(a) of the same section authorizes the city to adopt more stringent
regulation of lawful gambling then state law, and I am informed by Steve Peterson, of the
T o ne. Z Cp .-r..._nt f L / T. •. Li'.. - l� ... . ..s L . 1 L.i
•.a.. »•,� ✓t.�ua .a •:..ut vt L::,. :. -: aiaitt OIC f_ Conti V: DVaIL:, that tllc stair woalil IiVt w
concerned about the city's prohibition against forms of gambling other than pull -tabs. Therefore,
I am not suggesting that the ordinance provision limiting gambling to pull -tabs be amended.
Sections 1 and 2 of the attached ordinance amendment relate to the limitations on expenditures
of charitable gambling proceeds. The current ordinance requires a significant amount (90% over
a 3 year average) of proceeds to be contributed within the City of Brooklyn Center. Such a
restriction is no longer authorized by state law. Minnesota Statutes, Section 349.213, subd. l (b)
does, however, authorize a city to require that all, or a portion of the charitable organization's
expenditures of gambling proceeds be expended on lawful purposes conducted or located within
the city's trade area. The statute also specifies that a trade area must include each contiguous
• city. The attached ordinance provides that all of the money expended for lawful purposes must
be expended in the cities of Brooklyn Center and cities contiguous to Brooklyn Center. This is
98791 4
r
Mike McCauley
• July 30, 1997
Page 2
the most restrictive provision allowed by state law. However, if the council wished to have a
less strict requirement, it could do so. A less strict requirement could either expand the number
of cities within which the lawful expenditures are made or reduce the percentage of lawful
expenditures which are subject to the regulation. Therefore, if the City Council wishes to adopt
a less strict provision relating to the area within which the charitable organization must expend
its gambling proceeds, it should provide direction to the staff as to its wishes.
Section 3 of the attached ordinance deletes the provision of the current ordinance which limits
the number of organizations permitted to sell pull-tabs on ' a licensed premises to one_ Sharon
Knutson is conducting a survey of nearby cities to determine whether other such cities have
similar limitations in their ordinances. If, after consideration of the results of Sharon's survey,
or any other relevant information, the City Council wishes to leave the ordinance in its current
form. Section 3 of the attached ordinance can simply be deleted.
Please give me a call if you have any questions.
Very truly yours,
Charles L. LeFevere
CLL /cmm
Enclosure
MEMORANDUM
TO: Michael J. McCauley, City Mana er
FROM: Sharon Knutson, City Clerk-
DATE: August 5, 1997
SUBJECT: Regulation of Pull -Tabs Survey of Cities
At its July 28, 1997, meeting, the City Council discussed regulation of pull -tab operations as it
relates to the number of charitable organizations permitted to sell pull -tabs on the premises of liquor
establishments. The City Council requested a survey of nearby cities to determine whether such
cities have similar limitations in their ordinances. c
I conducted a fax survey of 18 nearby cities
(Maple Grove did not respond) posing the following question:
"Does your City's ordinance provide that only one charitable organization be permitted to sell
pull -tabs on the premises of a liquor establishment ?"
.::...:.: :.....
Bloomington X (provides for no,more than 3 organizations per
authorized location)
Brooklyn Park X
Champlin X
Columbia Heights g X
Coon Rapids X
Crystal X
Edina X
Fridley X
Golden Valley X
Minneapolis X
Minnetonka X (does not allow pull -tabs at liquor establishments)
New Hope X
Plymouth X (does not allow pull -tabs at liquor establishments)
Richfield X
Robbinsdale X
St. Louis Park X
Spring Lake Park X (limits the number of locations per organization;
however, does not limit the number of organizations
per location)
• MEMORANDUM
TO: Michael J. McCauley
FROM: Ronald A. Warren, Planning and Zoning Specia ist / • 6
SUBJECT: City Council Consideration Item - Planning Commission Application Nos. 97010,
97011, 97012
Date: October 22, 1997
On the October 27, 1997 City. Council Agenda are Planning Commission Application Nos.
97010, 97011, and 97012 submitted by Holiday Stationstores, Inc. requesting preliminary plat
approval to subdivide two existing lots into three lots to allow redevelopment of a dental office
and Holiday Stationstore (97010); a special use permit and site and building plan approval to
® construct a new 4,232 sq. ft. Holiday Stationstore with a 1,080 sq. ft. attached car wash (97011);
and site and building plan approval to demolish the existing dental office and build an
approximate 5,400 sq. ft. new dental clinic (97012). The site in question for these applications is
located at the northwest corner of T.H. 252 and 66th Avenue North.
Attached for your review are copies of the Planning Commission Information Sheets for
Application Nos. 97010, 97011 and 97012 and also an area map showing the location of the
property under consideration, various site and building plans for the proposed
development/redevelopment, the Planning Commission minutes relating to the Commission's
consideration of this matter and other supporting documents.
These items were first reviewed by the Planning Commission at their August 14, 1997 meeting
and, following a public hearing on the preliminary plat and special use permit, were tabled for
further review of various traffic issues and concerns. These applications were again considered
by the Planning Commission at their October 16, 1997, meeting at which time they were
recommended for approval.
It is recommended that the City Council, following consideration of these matters, separately
approve these applications subject to the conditions recommended by the Planning Commission
for each application.
is
Planning Commission Information Sheet
• Application Nos. 97010, 97011, 97012
Applicant: Holiday Stationstores, Inc.
Location: Northwest Quadrant of T. H. 252 and 66th Avenue North
Request: Preliminary Plat (97010), Site and Building Plan/Special Use Permit for Holiday
Stationstore (97011), and Site and Building Plan for Dentist Office Relocation (97012)
Mr. Mark Nelson, on behalf of Holiday Stationstores, Inc., is requesting approval of the above
applications for the purpose of developing a 4,232 sq. ft. Holiday gas station/convenience store
with an attached car wash along with the relocation/redevelopment of the River Road Dental
Clinic at the northwest quadrant of T. H. 252 and 66th Avenue North.
The property under consideration is zoned C -2 (Commerce) and gas station/convenience
store /car washes are special uses while a dental clinic is a permitted use in this C -2 zoning
district. The site is bounded on the west by R -3 zoned property containing the Riverwood
Townhomes; on the north by vacant R -3 zoned property; on the east by T. H. 252 right -of -way;
and on the south by 66th Avenue North with the Super America gasoline service station and
convenience store on the opposite side of the street.
Lot 1 of the proposed plat (Holiday Brooklyn Center Addition) is the site for the Holiday
Stationstore; Lot 2 of the proposed plat is the location for the relocated dental office /clinic; and
Lot 3 of the proposed plat would be a vacant parcel for future commercial development.
These applications were resented to the Planning Commission at the August 14 1997 meeting
pP P g g g
at which time they were all reviewed and a public hearing on the preliminary plat and special use
permit was held. The commission closed the public hearing after considerable public comment
and tabled the applications, with the applicant's consent, so that access and traffic concerns could
be addressed and possible plan modifications could be made relating to these concerns. The
applicant had also agreed to meet with the dental clinic to discuss possible screening/landscaping
requests made by a representative of the Riverwood Townhomes Homeowner's Association.
Attached for the Commission's review are copies of the Planning Commission Information
Sheets for Application Nos. 97010, 97011, 97012 which were presented to the Commission on
August 14, 1997 along with the minutes of the meeting relating to this consideration. The
Commission's attention is directed to those information sheets for a review of the details of the
proposal.
Members of the city staff and Glen Van Wormer of Short Elliott Hendrickson (SEH), a
consulting firm used by the City for traffic recommendations, have met on two occasions with
representatives of Holiday and Super America to discuss various access issues. Mr. Van Wormer
has reviewed the access question along with the possibility of future major
• 10 -16 -97
Page 1
development/redevelopment south of 66th Avenue in the Camden Avenue area. (Attached is a
® copy of a report from Mr. Van Wormer regarding his findings and recommendations.)
Camden Avenue will serve as the primary access to the development/redevelopment area. A
median and turn lanes along 66th Avenue North will be needed for traffic control purposes in the
future related to such development/redevelopment. He notes, however, that it is possible to
develop a median break about midway between T. H. 252 and Camden Avenue to provide access
to commercial developments, both north and south of 66th Avenue. The location of the break
would line up closely to the shared access for the Holiday /dental clinic development. This would
necessitate the need for Super America to provide another access point westerly of their existing
access to take advantage of the recommended location for a median break. This access could
also serve possible future development west of Super America (when Super American expanded
in 1989, there was a plan for a strip center to the west of the site).
SEH has not recommended the construction of the median all the way to Camden Avenue at this
time, but rather to stage this development until the major redevelopment occurs to the south. A
median, however, would be installed at this time with the break at the proposed location. Turn
lanes would also be established. The right -in access proposed by Holiday on their original plan
would not be allowed. Holiday is agreeable to this proposal and Super America is pursuing what
they need to do in order to establish access adjacent to the proposed median opening.
Mr. Van Wormer has also indicated that he has had preliminary discussion with MN/DOT, which
• controls the right -of -way in this area, and that their initial reaction is favorable. It is
recommended that if the Holiday proposal goes forward, that this initial stage of median
construction and turn lanes be constructed along with this project.
The applicant has also submitted a revised landscape /screening plan for the area westerly of the
proposed dental office where it abuts with the Riverwood Townhomes. Discussions between the
applicant and a representative of the townhomes has resulted in a proposal to provide a 6 ft. high
cedar screen fence in the 35 ft. buffer area between the building and the west property line and to
supplement that screening with eight Colorado Blue Spruce to provide additional screening in
this area. Such a proposal would be consistent with the screening requirements required of a C -2
development where it abuts with an R -3 development. The balance of the project is the same as
reported to the Planning Commission on August 14, 1997 and, again, the Commission's attention
is directed to the attached information sheets and minutes relating to the proposal for those
details.
As mentioned previously, the public hearing on the preliminary plat and special use permit was
closed following public comment on August 14. The Commission may wish to reopen the public
hearing for new comments relating to the proposal and its revisions. Notices have been sent to
surrounding property owners relating to the Planning Commission's consideration of these
matters.
• 10 -16 -97
Page 2
All in all, with the recommended changes with respect to roadway improvements being
i incorporated with these plans, we believe the plans can be recommended for approval.
It is recommended that Planning Commission Application No. 97010, for preliminary plat
approval, be approved subject to the following conditions:
1. The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. A subdivision agreement, as approved by the City Engineer, shall be executed prior to
final plat approval.
4. Appropriate driveway and cross access easements shall be developed and filed with
the title to the properties in question. These easements and documents are subject to
the review and approval of the City Engineer and City Attorney prior to final plat
approval.
5. The existing 60 ft. wide easement shall be continued and shown on the final plat for
this property.
It is recommended that Planning Commission Application No. 97011, for special use permit and
site and building plan approval of a Holiday Stationstore project, be approved subject to the
following conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure completion of all site improvements.
4. Any outside trash disposal facilities or on- ground mechanical equipment shall be
appropriately screened from view.
5. The building is to 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.
• 10 -16 -97
Page 3
6. An underground irrigation system shall be installed in all landscaped areas to
• facilitate site maintenance.
7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City
Ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built of the property, improvements and utility
service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
11. A special use permit is granted to Holiday Stationstores, Inc. for a gas
station/convenience store /car wash at this location. Any expansion or alteration of the
use shall require an amendment to the special use permit granted.
12. The special use permit is subject to all applicable codes, ordinances and regulations.
Any violation thereof shall be grounds for revocation
13. The plan shall be modified prior to the issuance of building permits to indicate:
'a. A concrete deliniator to be installed in the arkin lot southeasterly of the
P g Y
building to define the end of the parking and the one way drive lane leading to the
car wash area.
b. A "one way" sign shall be located at the southeast corner of the building to
indicate proper traffic movement in this area.
c. A deliniator in the driveway serving this site to separate in -bound and out -bound
traffic
and to be consistent with zoning ordinance provisions limiting driveway
widths to no more than 30 ft.
d. The elimination of the right -in only access from 66th Avenue North.
14. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City Engineering Department.
15. All work performed and material used for construction of utilities shall conform to the
City of Brooklyn Center current standard specifications and details.
10 -16 -97
Page 4
16. The final plat comprehended under Planning Commission Application No. 97010
• shall be approved by the City Council and filed with Hennepin County prior to the
issuance of building permits.
17. The screening between the dental office and the R -3 zoned property to the west,
consisting of a combination of a 6 ft. high opaque fence and Colorado Blue Spruce
trees is consistent with screening required by the Ordinance.
18. Roadway improvements to 66th Avenue North, including turn lanes and median
opening, based on a design approved by the City Engineer, shall be installed either
prior to or in conjunction with the issuing of a building permit for the Holiday
Stationstore project. A certificate of occupancy shall not be issued until the roadway
improvements are completed and functional.
It is recommended that Planning Commission Application No. 97012 for site and building plan
approval be approved subject to the following conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
I Site performance agreements and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure completion of all site improvements.
4. Any outside trash disposal facilities and on- ground mechanical equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all si ne which is subject to Chapter 34 of the City
P g rY J p Y
Ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
• 10 -16 -97
Page 5
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines, prior to the release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
11. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City Engineering Department.
12. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's current standards specifications and details.
13. The final plat comprehended under Planning Commission Application No. 97010
shall be approved by the City Council and filed with Hennepin County prior to the
issuance of building permits.
14. Roadway improvements to 66th Avenue North, including turn lanes and median
opening based on a design approved by the City Engineer, shall be installed either
prior to or in conjunction with the issuing of a building permit for the dental clinic
project. A certificate of occupancy shall not be issued until the roadway
improvements are completed and functional.
• 10 -16 -97
Page 6
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Admir 3535 VADNAIS CENTER DRIVE, 200 SEH CENTER, ST. PAUL, MN 55110 612490-2000 800325-2055
• — ARCHITECTURE ENGINEERING ENVIRONMENTAL TRANSPORTATION
October 14, 1997 RE: Brooklyn Center, Minnesota
66th Avenue North/
Highway 252 to Camden Avenue
SEH No. A- BROCT9801.00
Mr. Scott Brink
City Engineer
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Brink:
We have completed the study of Upper 66th Avenue west of Highway 252 including access and
future development needs. We have had an opportunity to discuss this with the City staff and some
of the adjoining property owners.
Background
The Minnesota Department of Transportation (Mn/DOT) rebuilt Highway 252 several years ago.
At 66th Avenue North, it provided dual northbound left turn lanes to provide needed intersection
capacity. This is similar to intersections on the remainder of Highway 252. The dual northbound
left turn lanes require two lanes for westbound 66th Avenue to a point where the two lanes can
merge or traffic can divert to local entrances. At the same time, Mn/DOT P rovided three lanes
eastbound on 66th Avenue including a left turn lane, a through lane, and a right turn lane which
becomes a free flowing movement onto southbound Highway 252 at the intersection. A raised center
island was provided.
At approximately the same time, Super America rebuilt the existing service station and changed
access from driveways close to the intersection with Highway 252 to a single wide intersection closer
to the west end of the building. There is also a "travel behind" roadway on the south side of the
station and potential for future connection west to Camden Avenue.
Currently, Holiday Corporation proposes to build a station store on the north side of 66th Avenue.
In addition to the Holiday Store, other development has been proposed for the area, although none
has gone to formal application. The area between Camden Avenue and Highway 252 has very few
buildings and is very under used for being prime land. Potential development for the area could or
could not include redevelopment of adjacent areas. It is likely to generate a significant amount of
traffic as we showed in a report for Skyline Enterprises.
•
='CRT ELL ICiii
^JORICKSCNdNC. *XNNE4P -L,S. ,vIN ST CLOUO. MN CHIPPEWAT-ALLS. WI MACISCN, S ✓1 LAKE COUNTY IN
ECUAL CPPCRTUNI7'Y=- MPL0YER
Mr. Scott Brink
October 14, 1997
Page 2
Transportation Concerns
The intersection of Highway 252 and 66th Avenue has capacity limitations. A major concern for
potential future development is the northbound left turn in the morning rush period. In addition to
having the dual left turn, a significant westbound area is needed so the traffic does not back up or
hesitate as it travels west away from the intersection. In addition, there are likely to be longer traffic
signal cycles at the intersection resulting in longer delays to eastbound traffic and longer backup
from the intersection.
In the future, major access to the new development south of 66th Avenue should be through Camden
Avenue. This will then require a westbound left turn lane in the future in place of the "two way left
turn lanes" now in place through much of 66th Avenue. It is presently wide enough for a westbound
left turn lane with a single lane traveling west for through traffic. In the future, the widening could
provide for two lanes in each direction plus the left turn lane.
Future Design
The future 66th Avenue design between Camden Avenue and Highway 252 will be dictated by a
number of design elements. There needs to be enough eastbound left turn storage length for traffic
in the evening peak hour. With anticipated redevelopment traffic, this will require a length of 225
feet. With a minimum "taper length" for the left turn lane of 50 feet, the end of the median island
would be approximately 275 feet west of Highway 252.
,Similarly, the westbound left turn lane at Camden Avenue will require storage for the heavy left
turns in the morning peak period. Based on one redevelopment scheme, there needs to be 350 feet
of westbound left turn lane storage. With an additional 50 feet of taper length for the median, the
total median length would be almost 400 feet. Thus, the eastbound left turn and westbound left turns
would have taper end close to each other. The distance left between the two is approximately 100
feet. This by itself would not provide enough room for an intermediate access point for development
on either side. This, however, would be extremely undesirable since these properties would then
require access through Camden Avenue.
A mitigating circumstance for the eastbound left turn lane is the lack of through traffic. It is possible
to develop the left turn lane so that at the intersection there is adequate storage for left and through
traffic. For the peak periods, the left turning traffic could back out into the left through lane of traffic
since there is little through traffic that will be in that lane. Thus the total left turn lane need not hold
the 225 feet of traffic but a combination of the full left turn lane, the taper and some of the remaining
left lane could be used for storage.
Similarly, the westbound left turn in the morning at Camden Avenue will not be in conflict with a
significant volume of other westbound traffic. If dual left turn traffic from northbound Highway 252
were to continue to the west, with the right lane continuing past Camden and the left lane being
backed up from traffic from the left turn lane, the section of road would still work satisfactorily since
the traffic will be commuters. Thus, the westbound left through lane could be used in the morning
rush hour to store westbound left turning traffic at Camden Avenue. y
•
Mr. Scott Brink
October 14, 1997
Page 3
Using these two mitigating circumstances, it is possible to develop an intersection approximately
half way between Camden Avenue and Highway 252 which would provide access to the north and
south properties. This could be adjusted slightly to line up with the west property line of the Super
America station. This coincidentally would line up with the proposed access to the north to the
Holiday Station which would also provide access to two additional lots. The eastbound traffic on
66th Avenue would have adequate storage for Highway 252 and would also have a full 100 foot left
turn lane for the Holiday Station. Westbound traffic would also have a left turn lane to the Super
America property as well as adequate storage for a left turn at Camden Avenue.
These are shown on the concept drawing which is attached. It does not have the median opening
shown in the final location subject to adjustments in negotiations with Super America, the adjacent
property owner and Holiday Station stores.
The concept would require Super America to relocate its driveway to the west to line up with the
utility easement and the Holiday proposed driveway.
These concepts have been presented to Super America and Holiday and seem to be a solution to a
long -term access concern. We have not developed the concepts any further pending review from
Super America. The concepts as shown would provide a single access point for both Super America
and the adjacent property. This would provide reasonable access to both properties. In the absence
of the development of a relocated driveway, Super America would be limited to its future access to
Camden Avenue or a right turn in/right turn out access to 66th Avenue.
If you have any questions or need any of the backup information which we have developed, please
feel free to call us.
Sincerely
Short Elliott Hendrickson Inc.
- t � Z16 ,�
Glen Van Wormer
Manager, Transportation Department
sah
Attachment
F:\PROJECTS\BLAI-BU\BROCT\9801\MRINK.014
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• Planning Commission Information Sheet
Application No. 97010
Applicant: Holiday Stationstores, Inc.
Location: Northwest Quadrant of T.H. 252 and 66th Avenue North
Request: Preliminary Plat Approval
The applicant is seeking preliminary plat approval to subdivide into three lots the property that is
currently described as Tracts A & B, Registered Land Survey No. 1442. The'property in
question is zoned C -2 (Commerce) and is located at the northwest quadrant of T.H. 252 and 66th
Avenue North. It is bounded on the west by R -3 zoned property containing the Riverwood
Townhomes; on the north by vacant R -3 zoned property; on the east by T.H. 252 right -of -way;
and on the south by 66th Avenue North with the Super America gasoline service station and
convenience store on the opposite side of the street. The total land area contained within this
preliminary plat is 142,684 sq. ft. or 3.28 acres.
The current Tract A is a vacant L shaped parcel that bounds the existing Tract B on the north and
west sides. Tract B currently contains a one story dental office /clinic. The purpose of the
proposed preliminary plat is to create various lots which would accommodate a redevelopment of
this area. The redevelopment would relocate the existing dental office /clinic to the west and
create aparcel for development of a Holiday Stationstore approximately where the dental office
is now located. The proposal would also create a lot which would border the dental office and
• Holiday Stationstore on the north but would remain vacant for future development.
The new legal description is proposed to be Lots 1, 2 and 3, Block 1, Holiday Brooklyn Center
Addition. Lot 1 is proposed to be 53,603 sq. ft. in area (1.23 acres) and would be the site for the
proposed Holiday Stationstore. (See Planning Commission Application No. 97011.) Lot 2,
which lies westerly of Lot 1, is proposed to be 35,090 sq. ft. in area (.81 acres) and will contain
the redeveloped dentist office. (See Planning Commission Application No. 97012.) Lot 3,
which is located northerly of Lots 1 and 2, is proposed to be 53,992 sq. ft. (1.24 acres) and will
provide a buffer parcel between the Holiday Stationstore and the abutting R -3 zoned property.
This parcel will be subject to future commercial development.
The zoning ordinance requires that all parcels have frontage on a public right -of -way. The
proposed Lot 3 has frontage along the T.H. 252 right -of -way, however, no access to that roadway
will be allowed. The parcel is in effect land locked without some type of access arrangement
allowing access to the site over the proposed Lots 1 and 2. The applicant is proposing to provide
appropriate access to Lot 3 and the necessary cross access easement will have to be filed with the
final plat of this property. Also, cross access agreements between Lots 1 and 2 will be required
because access to Lot 2 will be gained via Lot 1.
A 60 ft. wide easement runs north and south through the approximate center of this proposed
plat. The easement area contains an existing sanitary sewer and must be maintained. The
• 8 -14 -97
Page 1
• easement wili be along the westerly 60 ft. of Lot 1 and continue through the approximate center
of the proposed Lot 3.
The City Engineer is reviewing the proposed preliminary plat and has forwarded a copy of it to
MN/DOT and has requested their comments. It should be noted that there is surplus MN/DOT
right -of -way located southeasterly of and adjacent to this plat. We have encouraged the applicant
to contact MN/DOT regarding the possible acquisition of this surplus property and the inclusion
of that property in this plat. It is not necessary for this land to be included as will be shown in
the site plan for the Holiday Stationstore, however, it would seem beneficial to include the excess
land with the Holiday proposal and would not leave a vacant, undevelopable portion of land
between the station and the T.H. 252 right -of -way area.
The plan for this area calls for a shared access along 66th Avenue North for all three of the
proposed lots. The City Engineer has requested comments from Mr. Glen Van Warmer of Short,
Elliott, Hendrickson (SEH) regarding the desirable location of access to the sites.
A public hearing has been scheduled for this preliminary plat and a notice of the Planning
Commission's consideration has been published in the Brooklyn Center Sun/Post. Also, as
previously mentioned, MN/DOT has been notified of this proposed plat.
All in all we believe the preliminary plat is in order and does reflect the proposed redevelopment
• outlined in subsequent planning commission applications. Appropriate cross access easements
will need to be developed in a manner approved by the City Engineer and City Attorney.
RECOMMENDATION
The proposed preliminary plat appears to be in order and approval of the application is
recommended subject to at least the following conditions:
I . The final plat is subject to review and approval by the City Engineer.
2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances.
3. Appropriate driveway and cross access easements shall be developed and filed with
the title to the properties in question. These easements and documents are subject to
the review and approval of the City Engineer and City Attorney prior to final plat
approval.
4. The existing 60 ft. wide easement shall be continued and shown on the final plat for
this property.
• 8 -14 -97
Page 2
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• NEENIORAINDUM
DATE: August 4, 1997
TO: Ron Warren, Planning and Zoning Specialist
FROM: Scott Brink, City Engineer DRAFT
SUBJECT: Preliminary Plat and Site Plan
Proposed Holiday Station and Dental Office Relocation
T.H. 252 at 66th Avenue North(NW Corner)
(Holiday Brooklyn Center)
A preliminary plat and site plan has been submitted to the city for review and approval.
The plat submitted for review was prepared by the firm of Bolton & Menk, Inc., and dated July 23,
1997. The following comments are offered at this time.
0 Additional Drainage and Utility Easements should be provided along the property lines, a
typical -
typ standard provided on most plats. A minimum five() foot easement along both sides of
property lines, and 10 feet along existing roadways, or roadway right of ways should be
provided.
• • A utility plan has not yet been submitted at this time. Any common sanitary sewer and water
lines that would serve both facilities, along ith any shared d
S driveway/access should be
accounted for in an appropriate agreement. A utility and maintenance agreement with the City
will also need to be provided. These agreements should be developed and recorded with the
final plat.
• A permanent easement 60 feet wide traverses through the center of the property. It is
imperative that no permanent structures or facilities be located within this easement. In
addition, it is recommended that the existing sanitary sewer within this easement be inspected
for its condition prior to any building on the site.
• Traffic issues, particularly access to and from the property from 66th Avenue has been
examined, and a report from SEH is attached. Key points from the report are as follows:
There will be conflicts between exiting left turning traffic from both the Holiday and
Super Arierica stations. Depending on any future redevelopment in that area, it
appears that a center median on 66th will eventually be required. The applicant
(Holiday) should be made aware that installation of a center median on 66th Avenue is
a strong future possibility.
The station site does not appear to have adequate circulation space and mobility for
delivery vehicles. The report describes these inadequacies further.
•
• The total site area as submitted is 3.40 acres. The property will therefore not be subject to
• review by the West Mississippi Water Management Commission. However, stormwater
management of the site has been reviewed in conjunction with the City's Water Management
Plan, and the City's existing storm water infrastructure.
It appears from the proposed plan that stormwater will be directed from the site by an internal
storm drain system that will connect to an existing 15 inch storm water pipe, located on the
property adjacent to the west. Because the pipe appears to be on private property, it is not
shown on city record drawings, and should be verified for its location and allowable use. It is
presumed to drain to an existing City maintained storm water line that is undersized according
to the City's Water Management Plan. It is therefore recommended that the applicant provide
an on -site storm water detention facility that will at a minimum, limit the amount of discharge
from the site to the pre - developed condition.
• Because the property borders State Highway Right of Way(T.H. 252), the plat will be subject
to review by the Minnesota Department of Transportation. A copy of the preliminary plat has
been submitted to Mn/Dot, however, no comments have been received at the time of this
writing.
• Any additional comments or recommendations by the City Attorney
-- -- + uu_
On
i
3535 VACNAIS CFNrFR CRrVE cq? SEIa CJc 4raR, Sr. PAUL MN 551 tQ 6JZ 4906
• ChiT FC7URE ENG/NEFA/NG a 6610 315,e^aSS
` NtI � AatSVrA L NAN $PQRTArICN
August 6, 1997
RE: Brooklyn Center. Minnesota
Proposed Holiday Service Station
66th Street at Highway 252
SEH No. A- BROCT9801.00
Mr. Scott Brink
City Engineer
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Scott:
As you requested, we have reviewed the proposed site plan for the HoIida
on the northwest corner of 66th Street and Highway 252, This station is on Station to be located po in size and will have six fuel islands and twelve fueking stations. Also included is denta square feet
W the west of the Holiday station.. There is an additional ouclot shown to the north of the ooffice located
Traffic Volumes e two buildings.
We anticipate that the Holiday station will generate
about 135 vehicles in the a.m. approximately I,300 vehicles per day. We anticipate
between inbound and outbound hour and 160 in the p.m. peak hour. They Will be equalIy distributed
The dental office is anticipated to generate a pproximately
and from the dental office will be relatively evenly spaced through u the dale trips pe d . The trips o
y
on volumes on the driveway or on 66th Street. Y, and will have Little impact
The service station naffic will come rim
W e estimate that approximatel 60 pdrily from traffic already on either Highway 252 or 66th Street.
will be "pass- tr Y percent of the total traffic and up to 80 percent of the m
mac• Theme traps will impact the volume of traffic at the driveways, but will add
to the volume of o'afftc on the roads.
Ting into account the volumes generated by the dental office
the Holiday station, it is possible to deveioo a turning movement ent fo� and p - by taps from
forecast for th driv eways.
concern will be left turns in from eastbound 66th Street from the driveway onto
66th Street_ In the a.m, peak hour, we and left turns out estimate there will be 32 eastbound
establishments and 47 southbound left turns to Q �o east left terns into the
into the faelity eve, on 66th Street. This is anoroximately one.Ieft turn
two
'Y minutes, and less than one per minute exiting the facility and turning left.
In d:e p•m• peak hour, the volumes for the lent turns will diminish.
Of he pass -bv yip; of the Holiday station and the relatively few a ancspgced inbound to the direction
• d trips to the dental
- e.VCRiSCev NC br —
_ LtA. C CFFCR �'NI'Y °idF: v �q v
&fr• Scott Brink
August 6, 1997 r '_
Page 2
• office. We estimate there will be 2
exiting the facility. l eastbound Left turns to the facility and 39 southbound left turns
Because of the high volume of pass - by trips, it is not anticipated that the s
on the operation of the intersection of 66th Street and Hi wa Canon will have a major impact
additional northbound to westbound uns will b
tbod left 1p Y � e we estimate that the
66th Street Operations e approximately 10 to IS in the p.m, pew hour.
..l " The driveways to the Holiday station are offset from those to
C y , plan. Left turning traffic from the Holiday station will be • Super America based on the proposed site
from the Super America station. In other words, the left turnswi l d irec t conflict with th l
rJJt distance apart and 1 g traffic
P there will be conflicts. be turning e eft turnip toward each other a short
As part of other studies for the Cjty we '
with the probable redevelopment have reviewed Use potential increase of tra{{ F t c of the area south of 66th Street. along 66th Street
northbound to westbound
nd e
left am and the number of driveways immediateI west that the heavy
require some type of a median and/or change in access. � Y of Highway °
signifcantly change the g g Y ..52 will
g traffic pattern tallation of a median along 66th Street will
existing u P to and from both th
g Per America station. The e Holiday station that is proposed and the
the
should be aware that a me '
perhaps be required as traffic volumes grow titan is a possibiei
ty, and will
• No calculations were made for th ootenaal tr from the outlo
large in size. t to the north. Tine outlot is relatively
Y
Site Plan Review
The general circulation to the Holiday station should w°
south and approach the gu pumps, facing north. w o rk well. Traffic will normally enter from the
back to the common driveway to the west - Most of the traffic will then exit by makin
north side of the building of the station, or travel to the east around to the cattya left turn
ash on the
' eatean
they will be ente g the site from the east will probably use the e ,
rin at a hi -h nEr -only drivewa .
which pump island o visit. They will be conflict e with will be face w Y Because of the angle,
d with an immediate decision as to
through the west drivewa Lh Marftc centering from the west which will come
somewhat controlled by the tr affic �� the relatively low volumes and with the w e st bound
signal on Hig►�wav 252, conflicts will not be a egular Occurrence. tra ff i c
la is not apparent where the
trash container will be
Site. . If it is assumed to be at the northeast corner
trash trucks will have to travel around the pump isla urn the current Q
have to enter the site from of the
and the g the common driveway n the �eometrics, the trucks will
as Dumps. It does not appear o west, and travel to the aisle betwee the building
waY Xlvewa wit between possible for the sash truck to travel onto the site from the east one -
Y snout traveling etween the pump islands, which will be diff, if there are v
at :he islands.
ehtc,es
•
vIr. Scott Brink
August 6, 1997 —~
Page 3
Exiting the site will also be '
Turn' difficult because of the islands an
tag 1 emplates indicate that the island between the exit from the carwash and the area t he
th of t h.
carwash will restrict the trucks and prevent them from making a turn without e
shout traveling over the of t the island.
We anticipa p to that delivery mocks will have the same
east side of the store for parkin g sine Problem. It appears that delivery trucks will use the
delive there is limited room on the west side or in front of the store. Thus,
ry trucks will have the same circulation problems that
trucks will be in the path of vehicl trash trucks have. In addition, the delive ry
es approaching the carwa
Gasoline transport tankers will also have a problem on the site.
arrive from the west, use the west drivewa and ho ppears they must be scheduled to
to reach the southwest corner a the site. it a Pe there is no traffic I t ffi a c so they can make the reverse turn
east side since pl
appears that the storage tanks will probably be located on the
p g them anywhere else will put the unloading tanker crock in
circulating vehicles. The tanker, when e direct conflict with
xidng, will have to travel between the store and
it's physically impossible to make the move around the north side of the building. Because se pumps since
area, it appear that all deliveries have to be made at off hours and d h
will h nope that there of the narrow
is little traffic on
All circulation on the dental office site will be in throu
a single access point. We assume that the
employees will be parking in the south parking lot and that the east lot will be reserve
clients. The westerly two spaces in the south parking lot will be diffic d Primarily for
turnaround area. It does appear that there is adequate parking for the dental office based sie c there is no
the building. on the size of
If you have any gllestions regarding our review,
feel free to call us. If you need additional information. we will be ggla to o u site plan comment,, please
be lad t supply it.
Respectfully submitted,
Short Elliott Hendrickson Inc.
Glen Van W ormer
Manager, Transportation Department
sah
• r•. �P4csEC 'seui.ai�oc;�;r�nC9arN,�os
•
96
• Planning Commission Information Sheet
Application No. 97011
Applicant: Holiday Stationstores, Inc.
Location: Northwest Quadrant of T.H. 252 and 66th Avenue North
Request: Site and Building Plan/Special Use Permit
The applicant, Mr. Mark Nelson, on behalf of Holiday Stationstores, Inc. is requesting site and
building plan approval and a special use permit to construct a 4,232 sq. ft. Holiday Stationstore
with an attached car wash at the northwest corner of T.H. 252 and 66th Avenue North. The
property in question is zoned C -2 (Commerce) and is the proposed Lot 1 contemplated in the
preliminary plat of the Holiday Brooklyn Center Addition (Planning Commission Application
No. 97010). The site is bounded on the west by C -2 zoned land that is proposed to be developed
for a dentist office and is the proposed Lot 2 of the Holiday Brooklyn Center Addition; on the
north by vacant C -2 zoned land that is the proposed Lot 3 of the Holiday Brooklyn Center
Addition; on the east by T.H. 252 right -of -way; and on the south by 66th Avenue North with the
Super America gas station/convenience store on the opposite side of the street.
Gasoline service stations/convenience stores/car washes are special uses in the C -2 zoning
district provided they do not abut R -1, R -2 or R -3 zoned property at a property line or at a street
line. No such abutment would exist given the proposed plat comprehended under Planning
Commission Application No. 97010.
Holiday has reached an agreement with the owner of Rive g
�' r Road Dental to demolish the existin
dental office and construct a new dental office to the west. The new dental office and Holidav
Stationstore would share access onto 66th Avenue North within the boundaries of the Holiday
property. Access would also be provided to the proposed Lot 3 which would lay to the north of
the dental office and the Holiday Stationstore through the same shared access point.
The plan calls for a 4,232 sq. ft. Holiday convenience store with a 1,080 sq. ft. attached car wash
Iocated on the north side of the building. A 52 ft. by 85 ft. freestanding canopy would be located
over the pump island areas containing nine fuel dispensing units.
ACCESS/PARKING
Access to the site is proposed to be provided by a 16 ft. wide one way in access located where the
access to the current dental office is located. A shared access serving the Holiday Station, the
proposed dental office and the future commercial development to the north is located
approximately 75 ft. west of the previously mentioned access. Staff has concern particularly
with respect to the one way in access. The City Engineer has requested a review of the proposed
access by �Ir. Glen VanWormer of Short- Elliott- Hendrickson (SEH), a consulting engineering
firm which the City has used on a number of occasions for advise on traffic concerns. The
shared access shown on the plan provides two turn lanes out and one in and has a width of 40 ft.
• 8 -14 -97
Page I
• The zoning ordinance limits driveway widths in commercial zoning districts to 30 ft. Therefore,
this access should be modified to rovide a concrete delineator separating the in and out lanes.
P P g
The location of the Super America access is shown on the south side of 66th Avenue. The
location of this access should also be taken into consideration when evaluating this plan.
With respect to circulation around the site, it might be worthwhile to consider continuing the
island that separates the drive lane from the gas station down to the greenstrip. This would
eliminate potential conflicts at the shared access on 66th Avenue. Circulation to the car wash
will be in a counter clockwise fashion with a one way access along the east side of the station
store. A parking lot delineator should be extended at this point to better define the location of-the
last parking stall from the drive lane. This area should be signed "one way" also.
The parking requirement for this 4,232 sq. ft. Holiday Stationstore is 23 parking spaces (5.5
parking spaces per 1,000 sq. ft. of gross floor area). The plan shows 12 parking spaces in front of
the store (one will be eliminated with the addition of the delineator at the southeast corner of the
building) and six stalls at the northeast comer of the site. The balance of stalls (six) are proposed
as pump island parking. The City has allowed this type consideration where parallel parking
requirements can be met at the pump island areas. They will be able to get at least six parking
spaces at the pump islands utilizing this concept. Therefore, the parking requirement is met for
the site (eleven parking spaces in front of the building; six at the northeast comer of the site; and
six at the pump islands).
GRADINGIDRAINTAGEAMLITIES
The site of the Holiday Stationstore is 1.23 acres in area and the adjoining dental office is .81
acres. Even if you add the 1.24 acres for the vacant site to the north, the five acre threshold for
Watershed review is not met. The City Engineer is reviewing the proposed drainage plan for the
site which encompasses both the Holiday Stationstore and the proposed dentist office. Six new
catch basins will be installed to collect drainage around the site. One catch basin will be located
in the south end of the dentist office parking lot and another along the east portion of the dentist
office parking lot. Four catch basins will be located on the Holiday Stationstore property at
approximately the four corners of the site. Water will drain to these catch basins and be
conveyed into storm sewers on the site. The catch basin at the northeast comer of the site will
drain to existing storm sewer within the T.H. 252 right -of -way.
The utility plan shows a six inch water line being looped around the Holiday Stationstore
building. Connection to that water line will be at the northwest corner of the proposed building
within the existing 60 ft. wide easement area. Sanitary sewer is located within the 60 ft. y
easement area and a connection will be made also at the northwest comer of the proposed
Holiday Stationstore. Water and sewer connections to the proposed dentist building will be
along the south side of the building tying into water and sewer within the 60 ft. easement area to
• 5 -14 -97 v
Dane 2
the east of that building. The plan also calls for a trench drain to collect water from the car wash.
•
This trench drain is Located immediately west of the car wash exit.
As indicated previously, the City Engineer is reviewing the grading, drainage and utility plans
and has offered comments in the form of a draft memo dated August 4, 1997. (Attached)
LANDSCAPING
The applicant has provided a landscape plan in response to the landscape point system utilized by
the Planning Commission for making recommendations with respect to landscape plans. This
1.23 acre site requires 98 landscape points. The applicant is proposing landscaping amounting to
114.5 points providing overstory deciduous trees, ornamental trees and shrubs. The landscape
plan calls for five Northwood Maple trees to be planted along the north greenstrip on the site.
Nine Amur Maple are to be located to the east of the parking area at the northeast portion of the
site and four Amur Maple will be located to the east of the canopy /pump island area. To the
north of the car wash the plan calls for 22 Scandia Juniper. Four Spring Snow Crab are located
in a sodded area east of the building and three additional Spring Snow Crab are located in an
island to the west of the canopy /pump island area. Three more Spring Snow Crab are located in
the 15 ft. greenstrip between the access points. Bush Honeysuckle and Scandia Juniper are
located in between the three Spring Snow Crab on the greenstrip area. A planting bed of Bush
Honeysuckle, Scandia Juniper and Anzac Daylily are located at the southeast comer of the site
around the proposed location for a freestanding sign.
BUILDNG /CANOPY
As previously mentioned, the building is a 4,232 sq. ft. Holiday Stationstore with an attached
1,080 sq. ft. car wash. The building is set back 30 ft. from the property line at the southeast
comer of the building. This is an area where surplus highway right -of -way exists and the
applicant has been encouraged to attempt to acquire this property from MN DOT. Normally
building setbacks from major thoroughfares are required to be 50 ft. However, this setback
requirement can be modified where excess highway right -of -way exists. Such a finding was
made with respect to this site when the dental office was expanded in 1985. The City Council at
that time made a finding that excess right -of -way exists on the east side of the site mitigating the
effect of traffic, noise, dust and fumes and allowed a 10 ft. building setback from the east
property line. Based on that, the applicant in this case exceeds what was allowed in that case.
Again, the applicant has been encouraged to acquire surplus right -of -way from MN DOT and
attach it to this property.
With respect to the building exterior, the plan calls for primarily a brick exterior on all four sides
of the building accented by a contrasting rock face block striping around the building. The plan
also calls for internally illuminated fascia panel containing the Holiday sign on the front or south
elevation of the building. It appears that this internally illuminated fascia extends around the
8 -14 -97
Page
• four sides of the building. It should be pointed out that illuminated fascia panels such as this are
considered to be a sign and must, therefore, meet the wall sign limitation of no more than 15
percent of the wall area. It appears that this may exceed that standard and the applicant will need
to revise this portion of the plan accordingly. The plan calls for a hip -style roof with shingles.
As previously mentioned, the canopy is a freestanding canopy and covers a 52 ft. by 85 ft. area
over the pump islands and fuel dispensing units. No plan showing the canopy elevations has
been presented. It should be pointed out that illuminated canopies are not allowed unless they
can be considered part of, and in lieu of, permitted freestanding signery. I believe the applicant
is aware of these requirements and this should not pose a problem with respect to the proposed
canopy. Lighting under the canopy should be shielded and directed downward to avoid any glare
emanating from this location.
LIGHTING 4H
The applicant has submitted a lighting plan for both the Holiday Stationstore and the proposed
dental office. The lighting does not exceed the foot candles allowed by the ordinance where the
sites abut other commercial property and also where the sites abut residential property,
particularly the dentist office with the townhouse complex to the west. The site plan shows
freestanding lights standards at various locations throughout the site. Our concern is that the
lights from the freestanding standards and the canopy areas be directed downward and not create
glare. The standards and canopy lighting should be shielded in such a way that no glare
emanates from them.
No outside trash disposal facilities are indicated on the plan. The floor plan, however, shows an
interior trash room which is accessed by an overhead door. This trash room is located at the
southeast corner of the building. It is assumed that there will be no outside trash facilities.
SPECIAL USE STANDARDS
NDA_RDS
The proposed Jas station/convenience store /car wash is a special use under the provisions of the
City's Zoning Ordinance. As such, it must meet the five standards Iisted in Section 35 -220,
Subdivision 2 of the Zoning Ordinance (attached). The proposed service station should enhance
the general public welfare and should not be detrimental to or endanger the public health, safety,
morals or comfort. We do not believe the service station will be injurious to the use and
enjoyment of other property in the immediate vicinity for purposes already permitted nor will it
substantially diminish or impair property values within the neighborhood. The establishment of
the service station will not impede the orderly and normal development and improvement of
surrounding property for uses permitted in the district. The service station development may not
be necessarily desirable and the commission may well hear concerns about having two such
stations in the immediate vicinity. This fact is not a matter which the City regulates nor can it be
a reason to deny the location of this Holiday Stationstore at the site. Adequate measures should
be taken to provide proper ingress, egress and parking so designed as to minimize traffic
• 8 -14 -97
Page 4
congestion in the public streets. As previously mentioned, the City Engineer has requested SEH
to evaluate the proposed access on the site and hopefully we will be able to provide acceptable
access that will minimiz traffic congestion on the public streets. (See attached report from
SEH.)
A public hearing has been scheduled for this application and notices have been sent.
RECOMMENDATION
Provided the access question can be dealt with in an acceptable manner, the proposal appears to
be in order and approval is recommended subject to at least the following conditions:
1. Building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the of permits
to assure completion of all site improvements.
• 4. An outside stde trash disposal facilities or on- ground mechanical equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the city ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the city
ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as -built survey of the property, improvements and
utility service lines prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
• 8- 1.1 -97
Paae
11. A special use permit is granted to Holiday Stationstores, Inc. for a gas
station/convenience store/car wash at this location. An expansion pansion or alteration of the
use shall require an amendment to the special use permit granted.
12. The special use permit is subject to all applicable codes, ordinances and regulations.
Any violation thereof shall be grounds for revocation
13. The plans shall be modified prior to the issuance of building permits to indicate:
a. A concrete delineator to be installed in the parking lot southeasterly of the
building to define the end of the parking and the one way drive lane leading to the
car wash area.
b. A "one way" sign shall be located at the southeast comer of the building to
indicate proper traffic movement.
c. The island separating the gasoline station from the drive lane, shall be extended
and connected to the greenstrip area next to 66th Avenue North.
14. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City Engineering Department.
15. All work erformed and material used for construction ion o €utilities shall conform to the
City of Brooklyn Center current standards specifications and details.
• 5 -14 -9 i
Page 6
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• Planning Commission Information Sheet
Application No: 97012
Applicant: Holiday Statinstores, Inc.
Location: Northwest Quadrant of T.H. 252 and 66th Avenue North
Request: Site and Building Plan Approval
The applicant, Mr. Mark Nelson, on behalf of Holiday Stationstores, Inc. is requesting site and
building plan approval to build an approximate 5,400 sq. ft. dental clinic on the proposed Lot 2
that would be created by the preliminary plat of the Holiday Brooklyn Center Addition
(Application No. 97010). The property under consideration is zoned C -2 (Commerce) and is
bounded on the west by R -3 zoned land containing the Riverwood Townhomes; on the north by
vacant C -2 zoned land that is the proposed Lot 3 of the Holiday Brooklyn Center Addition; on
the east by the proposed Holiday Stationstore development (Planning Commission Application
No. 97011); and on the south by 66th Avenue North. Dental offices, such as being proposed
under this application, are permitted uses in the C -2 zoning district.
The applicant has reached agreement with the owner of the River Road Dental clinic to demolish
and build a new dental office at the proposed location. The Commission's attention is directed to
Application No. 97011 for details and common improvements proposed for the new site.
ACCESS/PARKING
• The ro osed I
p p plan calls for a shared access with the Holiday Starionstore to the east and
proposed access for the future commercially developed site to the north. The location of the
approximate 5,400 sq. ft. dentist office is such that it maintains the required 35 ft. buffer and
setback from where a C -2 zoned development abuts an R -3 zoned property. This 35 ft. area may
not contain any buildings, parking or other structures and must be maintained as a landscaped
area. The zoning ordinance requires a minimum 8 ft. high screen fence within this 35 ft. buffer
area.
With respect to parking on the proposed dentist office site, the plan calls for 36 parking spaces,
10 of which (including 2 handicap) are located to the east of the building. Fourteen parking
spaces are located to the south of the building, between the building and the required 15 ft.
greenstrip from 66th Avenue North right -of -way. Twelve additional parking spaces are located
along the east end of the site adjacent to the common drivewav serving the various parcels within
this planned area. The parking formula for a dental or medical clinic requires one parking space
for every 150 sq. ft. of gross floor area. The 36 parking spaces would accommodate 5,400 sq. ft.
of dental clinic space. The floor plans for the site indicate approximately 3,700 sq. ft. of clinic
space on the first floor with a basement area containing storage space and mechanical space of
less than 1,700 sq. ft. Parking for the site should be adequate given the area being devoted to
medical/dental space.
• 3 -14 -97
Paae 1
GRADING/D AINAGE/i 1TILITIES
The Commission's attention is directed to the portion of the report for Application No. 97011
with respect to drainage, grading and utilities. This site will tie into sewer and water lines that
are contained within a 60 ft. easement area lying to the east of the site. Two catch basins are
proposed to handle storm water drainage from the parking lot. One is to be located in the south
parking lot and the other in the east portion of the parking lot.
LANDSCAPING
The landscape plan submitted in response to the landscape point system utilized by the Planning
Commission for evaluating landscape plans requires 81 landscape points for this .81 acre site.
The proposed plan calls for 185.5 points which is well in excess of the minimum required for
such a site. The plan calls for five Norwood Maple trees to be located along the north property
line and 14 Red Pine to be located in the 35 ft. buffer area required where this property abuts R -3
zoned property to the west. The applicant is requesting that this landscaping of Red Pine be
considered appropriate and in lieu of a required 8 ft. high opaque. fence or wall. Other
landscaping on the site includes three Amur Maple trees to be located in the greenstrip along the
66th Avenue North right -of -way. Two Norwood Maples are also proposed, one for an island
area located southeast of the building and other on the opposite side of the parking lot close to
the common access to the site. Five Spring Snow Crab are located between the drive Iane and
the easterly parking for the proposed dental office. A planting bed of Anzac, Day Lily, Scandia
Juniper and Bush Honeysuckle are located at the southeast corner of the site. Perimeter plantings
of Gentle Shepherd Day Lily and Burning Bush are located around the east and a portion of the
north foundation of the building. The question of appropriate screening should be addressed by
the Commission.
BUILDING
The applicant has submitted building elevations for the proposed dental office building, however,
no building materials are indicated. The office appears to be an attractive building, but
indications of the building materials should be provided.
LIGHTING/TRASH
The proposed lighting plan shows lighting well within the standards contained in the zoning
ordinance where a commercial development abuts with a residential development. Lighting is
directed along the parking lot and the east side of the building with no lighting affecting the west
portion of the site. Our concern, as always, is that lighting be directed downward on the site and
not create glare. This means that the lighting standards should be shielded and in compliance
with the zoning ordinance provisions.
• 8 -14 -97
Pale 2
• The plans call for a 12 by 18 ft. dumpster enclosure area to the north of the dentist office.
Materials utilized for the screening device have not been indicated. It should be noted that we
would recommend the dumpster enclosure to be the same material as the building and it should
be further noted that gates on the dumpster enclosure must be opaque.
As mentioned previously, the dentist office is a permitted use in the C -2 zoning district,
therefore, no public hearing is required with this application. Notices have been sent based on
the Holiday Stationstore proposal and some persons residing in the Riverwood Townhomes may
receive notices of the gas station proposal that may have concerns or interest in the dentist office
as well.
RECOMMENDATION
The plans for the most part, with some modifications, appear to be in order and approval of this
application is recommended subject to at least the following conditions:
1. Building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
• 3. A site performance agreement and supporting financial guarantee
g pp a in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure completion of all site improvements.
4. Any outside trash disposal facility and on- ground mechanical equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the city ordinances.
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.
S. B -612 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
5 -14 -97
Paze 3
• utility service lines, prior to release of the performance guarantee.
10. The property owner shall enter into and easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
11. The plan shall be modified prior to the issuance of building permits to indicate the
building exterior material proposed for the development.
12. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City Engineering Department.
13. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's current standards specifications and details.
• 8- 1-1 -97
Page 4
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MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
AUGUST 14, 1997
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Tim Willson at 7:32 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, Stephen Erdmann, Mark Holmes (arrived at
7:48 p.m.), and Dianne Reem were present. Commissioners Rex Newman and Brian Walker were
excused from tonight's meeting. Also present were Secretary to the Planning Commission/Planning
and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Carla Wirth.
APPROVAL OF MINUTES - JULY 17 1997
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve the
minutes of the July 17, 1997 meeting, as submitted. The motion passed with Chair Willson
abstaining from the vote.
• 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.
APPLICATIONS NO. 97010 97011, AND 97012 (HOLIDAY STATIONSTORES, INC.)
Chair Willson introduced requests submitted by Holiday Stationstores, Inca identified as Application
No. 97010, for approval of a preliminary plat to subdivide two existing lots into three lots to allow
redevelopment of a dental office and Holiday Stationstore at the northwest corner of T.H. 252 and
66th Avenue North; Application No. 97011, a request for a special use permit and site and building
plan approval to construct a new 4,232 square foot Holiday Stationstore with an 1,080 square foot
attached car wash located at the northwest corner of T.H. 252 and 66th Avenue North; and
Application No. 97012, for approval of a site and building plan to demolish existing dental office
and build an approximate 5,400 sq. ft. new dental clinic on the proposed Lot 2 that would be located
west of the proposed Holiday Stationstore.
Mr. Warren presented the staff reports using overhead transparencies. (See attached Planning
Commission Application Information Sheet dated 8- 14 -97.)
• In response to Chair Willson, Mr. Warren stated it is correct that the City has no intention of
extending 5th Street to the north through this property.
8 -14 -97 1
• Commissioner Holmes arrived at 7:48 p.m.
Mr. Warren indicated the preliminary plat is in order and reflects the proposed redevelopment
outlined in subsequent Planning Commission applications. Appropriate cross access easements will
need to be developed in a manner approved by the City Engineer and City Attorney. He advised it .
is possible to recommend approval subject to four conditions as detailed in the staff report.
With regard to the special use permit, Mr. Warren reviewed the standards required to be met in
accordance with City Ordinance, Section 35 -220. He noted the need to determine a finding with
regard to Subsection (2d) "Adequate measures have been or will be taken to provide ingress, egress
and parking so designed as to minimize traffic congestion in the public streets." Mr. Warren noted
the traffic conflict involving left -hand turning movements. He commented on Mr. Van Wormer's
study and indication there may be a future need for a roadway median in this area. Mr. Warren
stated he and the City Engineer recommend this issue be dealt with at this time rather than delaying
until after the Holiday Stationstore is constructed. He explained the City could require the extension
of the median past the access point which would result in prohibiting left -hand turning movements.
Also, it may result in vehicles having to turn left and travel into the neighborhood in order to get
turned around. Mr. Warren stated he would recommend this matter be tabled to allow time for
discussion with representatives from Holiday Stationstores, Mr. Van Wormer, and City staff and
determine whether the access points can be aligned across from each other or a median should be
required.
• Mr. Warren advised the dentist office requested in Application No. 97012 is a permitted use in the
C -2 zoning district, therefore, no public hearing is required with this application. However, notices
were sent based on the Holiday Stationstore proposal and some persons residing in the Riverwood
Townhomes may receive notices that have concerns or interest in the dentist office as well. He
reiterated his recommendation to table consideration of Application No. 09012 following the public
hearing and receiving input from the applicant.
Chair Willson called for questions from the Commissioners.
Commissioner Boeck addressed the traffic patterns at the intersection of Highway 252 and 66th
Avenue N. and conflicting turning movements which currently exist. He stated his agreement that
the right turn lane, as proposed, should be eliminated.
Chair Willson stated his concurrence.
Mr. Warren noted that one way to eliminate the left turning movement conflict is to extend the
median. However, that results in causing several other issues such as traffic turning around in
residential areas.
Chair Willson noted the Planning Commission has strived to align access points across from each
other. Mr. Warren pointed out the current location of the dental office property which is aligned
• with the access point to the south.
8 -14 -97 2
Commissioner Boeck stated his concern with Ordinance Section 35 -220 2(b). He asked if the
• extension of the median would result in a right in/out for the station to the south (SuperAmerica) and
stated the Courts have ruled that as long as you provide access, the use has access.
Mr. Warren stated if the use is a commercial development, as the City has zoned, it is basically
allowed. However, the City must consider the traffic issue on public streets.
Commissioner Boeck asked if staff is confident these traffic issues can be worked out between all
parties. Mr. Warren stated he believes it is worth pursuing.
In response to Commissioner Holmes, Mr. Warren reviewed the requirements of the Sign Ordinance
and prohibition of internally illuminated fascia on freestanding canopies.
Commissioner Reem inquired regarding the exterior siding. Mr. Warren stated it will be stained a
natural color.
PUBLIC HEARING (APPLICATIONS NO 97010 97011 AND 97012 HOLIDAY
STATIONSTORES, INC.)
There was a motion by Commissioner Holmes, seconded by Commissioner Boeck, to open the
public hearing on Applications No. 97010, 97011 and 97012 at 8:37 p.m. The motion passed
unanimously.
Mark Nelson, Holiday Stationstores, Inc., stated Mr. Warren's presentation was very detailed and
• he has nothing to add but is available for questions.
In response to Commissioner Boeck, Mr. Nelson reviewed their efforts to acquire the adjacent
easement property since it would allow better circulation and setbacks.
Chair Willson asked if adding the abutting parcel will result in the need for another review. Mr.
Warren stated this depends on the extent of revisions. If the revisions are minor, they will be
presented to the Planning Commission for their review and comment. If it only involves an area for
landscaping and circulation, a formal plan revision may not be required.
Commissioner Reem inquired regarding the location of the dental office and why Lot 3 is being left
vacant. Mr. Nelson explained the dental office would like to retain visibility from Highway 252 and
66th Avenue N.
Mr. Warren noted the gasoline service station and car wash cannot abut the R -3 property to the north.
He noted a conceptual plan for Lot 3 has been submitted.
Lynn Torkildson, Manager of Riverwood Townhomes, stated they have met with the applicant and
would like to request some additional landscaping. She advised of resident's concern about a 24-
hour operation and stated their appreciation that the dental office will actually abut the Townhomes
rather than the Holiday station. Ms. Torkildson stated their willingness to work with the City and
applicant to resolve these concerns.
8 -14 -97
Ms. Torkildson commented on their recent exterior improvements and presented photographs of the
• property which identified how close the proposed dental office will be located to the Riverwood
Townhomes. She explained their interior roadways are not as wide as City streets and one building
unit will look directly into the dental office.
Ms. Torkildson reviewed problems they are currently experiencing with vehicle traffic on the sand
trail which goes between the dental and townhome properties which included vehicle damage and
theft. She offered their assistance in watering newly planted landscaping in the buffer area. Chair
Willson explained that, if approved, an underground irrigation system will be required.
Commissioner Boeck stated Ms. Torkildson is "painting" quite a dismal picture about problems with
theft, drugs, trespass, vehicle damage, and asked if a fence will really help. Ms. Torkildson stated
it will and reviewed improvements which have already occurred after fences on abutting properties
were erected. She stated they are currently increasing the height of their back fence to eliminate cut -
through traffic.
Ms. Torkildson then presented a list of reasons why the City should support their demands, a listing
of six demands, and a "wish list" of nine items. She stated their minimum demands are as follows:
1. Install a fence along the eastern side of the landscape buffer area (10 to 15 feet from
the property line) to discourage foot and vehicle traffic.
2. Plant additional pines on the western side of the buffer area.
• I Change five maple trees to a species that does not shed leaves, seeds, etc.
Ms. Torkildson reviewed the location of their pool and problems currently experienced because of
trees that drop leaves into their pool. She requested a copy of the Ordinance standards discussed
previously and the names of the trees included in the landscape plan. Ms. Torkildson asked if the
plans will be shifted towards the east if Holiday Stationstore, Inc. acquires the Mn/DOT easement
property.
Chair Willson stated this was addressed previously and the application will need to be resubmitted
if the building location is shifted.
Ms. Torkildson commented on the current traffic congestion and concern that an additional store will
cause further congestion. She stated they originally supported the median but, after further review,
found it will also cause problems for their residents in getting back to the Townhomes. She stated
they decided they will abide by the City's determination if the access points can be aligned but would
prefer to be able to get through this area during rush hours as opposed to being able to get back home
after visiting one of the stores. Ms. Torkildson pointed out that if the median is installed, it will
severely reduce the traffic into the SuperAmerica business.
Ms. Torkildson asked how she should proceed with their requests. Chair Willson stated the Planning
Commission cannot tell the applicant they are required to work with the Townhouse but do need to
• address each of the five criteria identified in the Ordinance.
8 -14 -97 4
Ms. Torkildson stated they are asking the Planning Commission to not approve the dental office
t without first meeting their demands. She asked if she should present a petition in support of their
demands. Chair Willson explained the Planning Commission must assure that the application meets
the requirements of the Code.
Mr. Warren stated the Planning Commission should make a recommendation with regard to the
appropriateness of the screening.
Commissioner Holmes asked if this will be a 24 hour station. Mr. Warren stated it will.
In response to Commissioner Holmes, Mr. Warren stated the driveway is on their property and there
is no setback requirement for the driveway.
Tom Kueppershaus, 6707 Fifth Street N., explained he commutes to downtown daily and addressed
his traffic concerns. He reviewed the traffic conflicts which results in traffic stacking up. Mr.
Kueppershaus stated he does not understand why another gas station is needed and suggested this
be further studied, perhaps with traffic counters.
Chair Willson stated traffic counters have been used and extensive traffic studies have been made
of all traffic patterns throughout the City. He stated he also drives through this area and understands
the traffic congestion concerns.
Mr. Kueppershaus stated his property is impacted by the traffic and speaker noise from '
SuperAmerica. He agreed with the intention to address the traffic issue prior to construction.
Evelyn Prokop, 6713 North Fifth Street, concurred with Mr. Kueppershaus' statements and need to
close windows because of noise from the roadway and gas stations. She urged the Planning
Commission to further study this proposal.
Matthew Faber, 6642 Camden Drive, Riverview Townhomes, stated he opposes this application and
requested copies of the Ordinance standards. He stated the traffic is already congested and he is
always fearful of getting "rear ended" when he turns into the Townhomes. Mr. Favor advised that
his insurance rates increased when he moved into Brooklyn Center due to the high levels of traffic
and crime. He stated the SuperAmerica is a very well known location and a prime spot for crime.
Mr. Favor stated he can also hear the SuperAmerica speakers and radios from Police cars. He stated
he believes the proposed Holiday Stationstore will result in a huge amount of additional traffic,
especially because of the touchless car wash. Mr. Favor restated his concern about the high level
of traffic and asked what has to be done to not approve this application. Chair Willson explained
the Planning Commission and Council will look at the five standards that are required in the City
Ordinance.
Mr. Warren commented on the legal precedent already established behind the five standards.
• Ms. Prokop pointed out that a gas station was proposed for the other side of Highway 252 but it was
defeated by that neighborhood.
8 -14 -97 5
Mr. Warren explained the gas station proposal on the other side of Highway 252 involved significant
differences because the property needed to be rezoned. However on this side of the Highway, the
land is zoned appropriately.
Shama Wahlgren, lawyer representing SuperAmerica, stated they appreciate the recognition of the
access issues. She expressed that SuperAmerica is concerned about a median, the impact it would
have on their business, and potential exasperating effect it will have on traffic. She advised it is their
position that limiting access and turning movements would have a devastating negative impact on
their business. Ms. Wahlgren stated they welcome the opportunity to explore alternatives and
discuss options which might be mutually beneficial to all interested properties.
In response to Commissioner Boeck, Ms. Wahlgren stated she does not know much about the aspects
relating to noise and crime since she is only involved in the real estate aspect. She stated this is a
complicated situation involving the entire community and not something the company promotes.
Ms. Wahlgren stated she is not prepared to respond to those issues.
Mr. Nelson stated based on their discussion with the Townhome Association and what has been
presented tonight, they agree to work with the Townhome Association on screening, plantings, fence,
and other issues relating to lighting, etc. He stated they have worked on this project for quite some
time but have not been able to meet with the traffic consultant yet. Mr. Nelson stated they have
worked with City staff and will continue to do so. He requested approval subject to working out
traffic issues with City staff and the traffic consultant.
• Commissioner Boeck asked if final lat action would still be needed if the preliminary plat is
P o P �'Y p
considered tonight. Mr. Warren stated this is correct. Commissioner Boeck noted the other
approvals being requested including the special use permit and site plan approvals.
Mr. Warren stated if there is no agreement in place regarding traffic, the only way he could
recommend it proceed is to require the extension of the median down 66th Avenue to just east of
Camden Court.
Chair Willson stated he does not believe this application should be moved forward until the applicant
has been allowed some time to work out these issues with City staff.
Mr. Nelson stated this would be acceptable.
Mr. Warren advised staff will resend notices to inform residents of the next meeting date.
Ms. Torkildson requested the photographs be returned so she can present them to the Council.
Chair Willson requested the Commissioners' input regarding how they would like to proceed.
Commissioner Reem suggested the public hearing be closed, the applications be tabled, and the
public hearing reopened when the application is presented again.
8 -14 -97 6
There being no further public comments, upon motion by Commissioner Reem, seconded by
• Commissioner Holmes, the public hearing on Applications No. 97010, 97011 and 97012 was closed
at 8:38 p.m. The motion passed unanimously.
ACTION RECOMMENDING TABLING OF APPLICATIONS NO 97010 97011 AND 97012
HOLIDAY STATIONSTORES INC
There was a motion by Commissioner Reem, seconded by Commissioner Holmes to table
consideration of Applications No. 97010, 97011, and 97012 as submitted by Holiday Stationstores,
Inc. and to acknowledge that the applicant understands and agrees that the 60 day time limit imposed
by State Statute is waived.
Commissioner Boeck requested rationale to table be cited.
Commissioner Reem stated she is moving to table to allow time for the applicant and City staff to
meet and resolve concerns with traffic and access conflict.
Commissioner Boeck suggested an amendment to require the parties to work together with
SuperAmerica and Holiday Stationstore and City Staff in extending the existing divider from its
existence westerly to a point east of Camden Court.
Chair Willson clarified it is not within the Planning Commission's duties to recommend that
individuals, who are not apart of the application process, meet. Rather, the Planning Commission
must address the application and can encourage discussion and mediation, but cannot summarily
move they get together to resolve the issues of concern as part of this application.
Mr. Warren stated if discussion does not move ahead staff will bring the matter back at that time.
He stated staff will discuss traffic access issues with all parties and attempt to reach a resolution.
Commissioner Boeck asked if the Planning Commission also cannot request the additional
landscaping, revised fence location, and different trees to prevent droppings into the pool. Mr.
Warren stated these issues can be discussed during negotiations.
Commissioner Boeck requested this be identified in the meeting minutes so the Council is aware of
these concerns. Mr. Warren clarified that if tabled, the application will not be forwarded to the
Council. He explained staff will present the outcome of the negotiations to the Planning
Commission prior to the next meeting.
Voting for: Chair Willson, Commissioners Erdmann, Holmes, and Reem. Abstaining:
Commissioner Boeck. The motion passed.
Chair Willson called for a recess at 9:45 p.m. The meeting was reconvened at 9:55 p.m.
APPLICATION NO. 97013 (TWIN LAKES PROPERTIES LLP )
•
8 -14 -97 7
JAMES P. LARKIN G
ROBERT I- HOFFMAN LARKIN, HOFFMAN, DALY & LINDGREN, LTD. KENOELJ. OHLROGGE
GERALD H. FRIEDELL BRUCE J. DOUGLAS
JAMES C. ERICKSON ATTORNEYS A T LAW WILLIAM . GRIFFrrH. JR.
EDWARD J. DRISCOLL
JOHN R. HILL
GENE N. FILLER PETER J. COYLE
JOHN D. FULLYER
LARRY 0. MARTIN
FRANK L HARVEY 1500 NORWEST FINANCIAL CENTER - JOHN J. S R TEFCENHAGEN
CHARLES S. MODELL
CHRISTOPHER J. DIET2EN
PHILIP G. ALDEN
• LINDA DA .. ER 7900 XERXES AVENUE SOUTH M EWF. SIN
THOMAS P. FISHER P. S N
JOHN E. C. JACKMAACKMA FREDERICK W. NIEBINIR
N BLOOMINGTON, MINNESOTA 55431 -1194 DANIEL MOSS
JOIN VIUS R. INGE
J.
JON s. . S J. WIER FLYNN SI(i TELEPHONE (fi12) 835 -3800 ANN M. MEYER
THOMAS FLYN
RENEE D. JOHNSON
JAMES P. EEMA FAX 812 896 -3333
RE
TODD I. FREEMAN ( ) NEE EE L <_ JACKSON
GERALD L BECK CHRISTOPHER K. LARDS
JOIN B. LUNDQUIST MARCY R. FROST
GAYLE NOUN ' DOUGLAS M. RAMLER
JOHN A. COTTER STEPHEN J. KAMINSKI
THOMAS F. ALEXANDER
PAUL L PLUNKETT 8 CEA ROTHWEILER DANIEL T. KADLEC
PAUL
ALAN L. ILDOW - SHARNA a WAHLGREN
HA !(ARIN M. NELSEN
KATHLEEN L B ATTENEYNAAN
GREGORY R, I N JOHN F. KLOS
BL VYES
GREGORY E KORS C. ER
CLEVE' LYNNE MICHELLE MOORE
D
GARY DANIEL VANCLEVE'
DIWIEI L BOWIES C. BRENT BOBBINS
TIMOTHY J. KEANE KRISTIN S. WESTGARD '
ALAN M. ANDERSON JOLIE S. FREDERICKSON
DONNA L. ROBACK JAMES M. SUSAG
MICHAEL W. SCHLEY OF COUNSEL
RONN B. KREPS
TERRENCE E BISHOP JACK F..DALY
LISA A. GRAY D. KENNETH LINDGREN
GARY A RENNEKE ALLAN E. MUL UGAN
VYENDELL R. ANDERSON
CHRISTOPHER J. LiARRISTHM. JOSEPH OURS
' ALSO ADMITTED IN WISCONSIN
October 16, 1997
Tim Wilson, Planning Commission Chair
and Members of the Planning Commission
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
• Re: Holiday Stationstores, Inc.
Northwest Quadrant TH 252 and 66th Avenue North
Dear Chairman Wilson and Members of the Planning Commission:
This letter is offered on behalf of SuperAmerica Group, Inc. (SuperAmerica), the owner and operator of
the SuperAmerica store located at the southwest corner of Highway 252 and 66th Avenue North, as it
relates to the site plan/special use permit application for the Holiday Stationstores (Holiday) proposed to
be located at the northwest quadrant of that same intersection. SuperAmerica began operation of a
convenience store with gas sales in approximately 1977, converting an earlier two -bay service station to
the convenience sore format. In 1989, SuperAmerica acquired additional property and expanded the store
and gas service area to the current site configuration. At the time of the 1989 SuperAmerica upgrade, the
City of Brooklyn Center also approved the development of a strip center on the approximately 2+ acre
parcel adjacent to and west of SuperAmerica.
It is our opinion that the proposed Holiday application is one that will result in the over - intensification of
traffic at the intersection of Highway 252 and 66th Avenue North. It is our further belief that the applicant
cannot satisfy standards for special use permits set forth in Brooklyn Center Code of Ordinances Section
35 -220. Specifically, we do not believe that the following findings can be satisfied in approving this
application.
b. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purposes already permitted, nor substantially diminish property
• values within the neighborhood.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Tim Wilson, Planning Commission Chair
and Members of the Plannin g Commission
• October 16, 1997
Page 2
C. The establishment of the special use will not impede the normal and orderly development
and improvement of the surrounding property uses permitted in the district. Brooklyn
Center Code of Ordinances, Section 35 -220 sub. 2.
SuperAmerica is of the opinion that a second convenience store at this highly - traveled intersection will
greatly intensify the use of this intersection. Simply put, it appears that as a matter of land use, we are
trying to squeeze five pounds of sugar into a two pound bag.
However, if it is the determination of City officials that approval of the Holiday application is an
appropriate land use, SuperAmerica has demonstrated its willingness to cooperate with the City and its
neighbors. Since the Planning Commission considered this application on August 14, 1997,
representatives of SuperAmerica have on two occasions met with City Staff, consultants, and Holiday
representatives to address traffic issues. Glen Van Wermer, the City traffic consultant, is recommending
the installation of a concrete median in 66th Avenue North from a point west of the intersection by TH
252 to a point at or near the west property line of SuperAmerica. As proposed, the SuperAmerica access
drive would be moved to the west 100 feet + / -. There is a significant burden to be imposed on
SuperAmerica by having SuperAmerica required to negotiate joint access with the Fitterman property to
the west together with construction of the proposed joint driveway. The improvements as recommended
by Staff and the City's traffic consultant are being necessitated by the additional traffic and traffic
movements generated by the Holiday Stationstore. SuperAmerica respectfully requests that if the Holiday
Stationstores special use permit is approved, that a condition be added to Planning Commission
Application No. 97011 to provide:
The applicant shall be responsible for negotiating the terms of the joint
access across the Fitterman property and responsible for the construction of
the realigned drive.
SuperAmerica pledges to be a good neighbor and work to cooperate with the City and Holiday to make
traffic circulation and safety a priority.
Should you have any questions relating to the foregoing, please contact Sam Van Tassel at
(612) 887 -6870, or me at (612) 896-3 203.
Sincerely,
Timothy JtHFMAN, e, for
LARKIN, DALY & LINDGREN, Ltd.
cc: Sam Van Tassel, SuperAmerica Group, Inc.
0340199.01
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 16, 1997
CALL TO ORDER
The Planning Commission meeting was called to order by Chair Willson at 7:35 p.m.
ROLL CALL
Chair Tim Willson, Commissioners Mark Holmes, Rex Newman, Dianne Reem, and Brian Walker
were present. Also present were Secretary to the Planning Commission/Planning and Zoning
Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk.
Commissioners Boeck and Erdmann were excused.
APPROVAL OF MINUTES - SEPTEMBER 11 1997
There was a motion by Commissioner Newman, seconded by Commissioner Holmes, to approve the
minutes of the September 11, 1997 meeting, as submitted. The motion passed unanimously.
Commissioners Holmes and Reem abstained because they were not at that meeting.
• CHAIR'S EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
APPLICATION NOS. 97010 97011 97012 (Holiday Stationstores Inc.)
Chair Willson introduced requests submitted by Holiday Stationstores, Inc., identified as Application
No. 97010, for approval of a preliminary plat to subdivide two existing lots into three lots to allow
redevelopment of a dental office and Holiday Stationstore at the northwest corner of T.H. 252 and
66th Avenue North; Application No. 97011, for a special use permit and site and building plan
approval to construct on the new Lot 1 a new Holiday Stationstore with an attached car wash located
at the northwest corner of T.H. 252 and 66th Avenue North; and Application No. 97012, for
approval of a site and building plan to demolish existing dental office and build a new dental clinic
building on the new Lot 2 that would be located west of the proposed Holiday Stationstore. Lot 3,
a 1.24 acre parcel subject to future commercial development, provides a buffer between the Holiday
Stationstore and the abutting R -3 zoned property to the north.
Initial review of the applications, including a public hearing, occurred at the Commission's August.
14, 1997 meeting. Action on the applications was tabled at that meeting to allow time for the
applicant and City staff to resolve concerns regarding traffic and access conflicts.
The Commissioners agreed to consider the three Applications concurrently at this meeting.
•
Mr. Warren presented the staff report using overhead transparencies to describe the location of the
project, the revised landscape plan, and median and turn lane information. (See attached Planning
Commission Application Information Sheet dated 10 -16 -97 and reference Information Sheets dated
08 -14 -97 and 08 -14 -97 Commission meeting minutes.)
A revised landscape /screening plan for the area westerly of the proposed dental office where it abuts
the Riverwood Townhomes was presented. The plan, resulting from discussions between the
applicant and a townhome representative, provides for a 6 ft. high cedar screen fence in the 35 ft.
buffer area between the building and the west property line and adds eight spruce trees to supplement
screening required between commercial and residential property.
Mr. Warren directed the Commissioners' attention to a 10 -14 -97 letter and attachments from Mr.
Glen Van Wormer, SEH, the consulting firm used by the City for traffic recommendations. The firm
reviewed the current access question and possible future development/redevelopment south of the
66th Avenue in the Camden Avenue area. City staff and representatives of Holiday and
SuperAmerica participated in discussions regarding traffic and access issues.
Camden Avenue will be the primary access to the development/redevelopment area. A median and
turn lanes along 66th Avenue North are essential for traffic control purposes. A median break
developed midway between T.H. 252 and Camden Avenue aligned closely to the Holiday /dental
clinic shared access could provide access to commercial developments south and north of 66th
Avenue. The recommended median break would, however, compel SuperAmerica to construct
another access west of its current access to take advantage of the break. That relocated access could
also serve future development west of SuperAmerica.
At this time, it is recommended that turn lanes and a median be installed up to the location of the
proposed median break and the remainder of the median to Camden Avenue be constructed when
future development occurs on the south side of 66th Avenue North. It was noted that the right -in
access originally proposed by Holiday will not be allowed. Based on preliminary discussions, the
Minnesota Department of Transportation views the roadway plans favorably.
The staff recommends approval of the three Applications submitted by Holiday Stationstores, subject
to the conditions attached to each application as outlined in the Information Sheet dated 10- 16 -97.
Chair Willson called for questions from the Commissioners. He also inquired whether
Commissioners Walker and Newman desired further information since they were absent from the
August 14 meeting. Both Commissioners indicated they were satisfied with their knowledge of the
proj ect.
Commissioner Newman inquired about the status of the sand trail (5th Street). Mr. Warren stated
the trails are not considered roadways and the City does not intend to extend Fifth Street for
• automobile use. Chair Willson inquired about the timing of the construction of the necessary
10 -16 -97
roadway improvements. Mr. Warren explained that roadwork will occur simultaneously with
• development of the new Lots 1 and 2 allowing for some flexibility, however, those improvements
must be completed before occupancy and opening would be permitted. Mr. Warren responded to
Commissioner Walker's inquiries about the Stationstore's trash dumpsters, lighting, and use of an
outdoor intercom system. With respect to the outdoor intercom, Mr. Warren explained that issue
is regulated by the noise ordinance. Commissioner Reem asked whether the applicant has resolved
the issue of mobility for delivery vehicles. Mr. Warren indicated this has been brought to their
attention, however, it is not expected to affect traffic movement. City staff would be responsible for
monitoring the situation.
PUBLIC HEARING (APPLICATION NOS 97010 97011 AND 97012)
There was a motion by Commissioner Holmes, seconded by Commissioner Walker, to reopen the
public hearing on Application Nos. 97010 and 97011 at 8:25 p.m. The motion passed unanimously.
Mr. Mark Nelson, representing Holiday Stationstores, Inc., stated the company participated in
negotiations regarding the roadway improvements and agrees to the recommendations presented by
Mr. Warren. In addition, after meeting with the neighboring townhome association, the company
revised its landscape plan as presented. The company accepts and agrees with all the conditions
stipulated for each Application and requests approval of the projects.
Chair Willson commended the company for its collaboration with the townhome residents to
• improve the screening /landscaping. In response to Commissioner Walker's inquiry regarding the
use of outdoor intercoms, Mr. Nelson stated the system is required by law for emergency reasons.
Commissioner Reem asked whether the car wash will be operational 24 hours and Mr. Nelson
replied that it will. Mr. Warren further noted that the City does not restrict businesses from
operating on a 24 hour basis. The car wash is the single vehicle touchless type that has closing doors
during use. The exterior of the dental building will be a neutral colored cedar siding.
Mr. Tim Keane attorney tt me representing SuperAmerica, stated that while SuperAmerica welcomes the
Y P g P
competition, two issues are of concern (reference Mr. Keane's 10 -16 -97 letter to the Commission).
The company believes that over - intensification of traffic at the T.H. 252 and 66th Avenue North
intersection will result. Mr. Keane, citing sections of the City's Ordinances, further stated that the
company questions whether the City's standards for special use permits are met by the Applicant
(Holiday). (Specifically: (b. ..... will not be injurious to the use ... of other property in the immediate
vicinity for the purposes already permitted..." and c. "...will not ... impede the normal and orderly
development...of surrounding property uses permitted in the district. ") Mr. Keane pointed out that
requiring SuperAmerica to negotiate joint access with the adjoining property to the west (Fitterman)
is a significant burden and recommends that the applicant (Holiday) be responsible for negotiating
the terms and construction of the access and realigned drive for the properties on the south side of
66th Avenue North.
According to Mr. Keane, discussions with the owner of the property adjacent to SuperAmerica has
been unsuccessful because the owner is only interested in the sale /marketing of the property for retail
10 -16 -97
development. SuperAmerica is not interested in purchasing the property since they have adequate
space for their needs at that location. Mr. Keane further pointed out that while SuperAmerica has
not created the need for the realigned access, they intend to protect its business interests and will
work/negotiate further with the City to make the necessary adjustments.
Mr. Steve Schell, partner in the River Road Dental Clinic, pointed out that in terms of development
on the north side of 66th Avenue, the proposed Holiday Stationstore and new dental building will
not generate as much traffic as would other establishments such as McDonalds or Burger King.
Mr. Mike Kelley, counsel for Holiday, noted that development on the south side of 66th Avenue is
inevitable and lack of access would only diminish the value of the Fitterman property, therefore
SuperAmerica's access negotiations should not be difficult. Holiday intends to address its use of the
outdoor intercom system to demonstrate its neighborhood commitment.
CLOSE PUBLIC HEARING (APPLICATION NOS. 97010 97011 AND 9701
There was a motion by Commissioner Reem, seconded by Commissioner Walker, to close the public
hearing on Application Nos. 97010 and 97011 at 9:18 p.m. The motion passed unanimously.
The Commissioners participated in a discussion regarding the points raised by SuperAmerica and
the traffic management issues on 66th Avenue North. Commissioners Holmes and Reem expressed
concern that approval of the Applications unfairly forces SuperAmerica to realign its access and
could be construed as being injurious to that existing business. Commissioner Reem further
suggested a study of the entire area to include future development of the Fitterman property and
related traffic management would give the City a basis for making better long -range decisions.
It was pointed out, however, that the City must act on the Applications before it in a timely manner
based on current regulations /ordinances and be prepared to justify its reasons for nonapproval of an
application that fully meets the standards set forth. It was acknowledged that the undeveloped
property will certainly be developed and similar problematic issues will be encountered. It was
noted that Mr. Van Wormer's report and recommendations take into consideration future
development/redevelopment in this area. The Commissioners recognized that the City will
ultimately decide where the median and median break will be placed on 66th Avenue North based
on further negotiations, the best interests of the City, and its responsibility for safe traffic
management.
The Commissioners accepted Mr. Warren's recommendation that condition #17 listed under
Application No. 97011, on page 5 of the staff report be removed and attached as condition # 15 to
Application No. 97012.
There was a motion by Commissioner Walker, seconded by Commissioner Holmes, to add
Condition 18 to Application No. 97011, as follows: "The intercom system shall be used only for
emergency purposes."
Voting for: Chair Willson, Commissioners Holmes, Reem, and Walker.
Voting against: Commissioner Newman.
10 -16 -97 4
The motion passed on a 4 to 1 vote.
Following its discussion, the Commission interposed no objections to recommending approval of
Application Nos. 97010, 97011, and 97012, as submitted by Holiday Stationstores, subject to the
conditions as attached and amended.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO 97010 HOLIDAY
STATIONSTORES
There was a motion by Commissioner Walker, seconded by Chair Willson, to recommend to the
Council that it approve Application No. 97010, for preliminary plat approval, 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. A subdivision agreement, as approved by the City Engineer, shall be executed prior
to final plat approval.
4. Appropriate driveway and cross access easements shall be developed and filed with
the titles to the properties in question. These easements are subject to the review and
approval of the City Engineer and City Attorney prior to final plat approval.
5.
The existing 60 ft. wide easement shall be continued and shown on the final plat for
this property.
Voting for: Chair Willson, Commissioners Holmes, Newman, Reem, and Walker. The motion
passed unanimously.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO 97011 HOLIDAY
STATIONSTORES
There was a motion by Commissioner Walker, seconded by Commissioner Reem, to recommend
to the Council that it approve a special use permit and the site and building plans of a Holiday
Stationstore project, subject to the following conditions:
1. The building plans are subject to review and approval by the Building official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
• to assure completion of all site improvements.
10 -16 -97
4. Any outside trash disposal facilities or on- ground mechanical equipment shall be
• appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City
Ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as-built survey of the property, improvements, and
utility service lines prior to release of the performance guarantees.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
11. A special use permit is granted to Holiday Stationstores, Inc. for a gas
• station/convenience store /car wash at this location. Any expansion or alteration of the
use shall require an amendment to the special use permit granted.
12. The special use permit is subject to all applicable codes, ordinances, and regulations.
Any violation thereof shall be grounds for revocation.
13. The plan shall be modified prior to the issuance of building permits to indicate:
a. A concrete delineator to be installed in the parking lot southeasterly of the
building to define the end of the parking and the one way drive lane leading
to the car wash area.
b. A "one way" sign shall be located at the southeast corner of the building to
indicate proper traffic movement in this area.
C. A delineator in the driveway serving this site to separate in -bound and out
bound traffic and to be consistent with zoning ordinance provisions limiting
driveway widths to no more than 30 ft.
d. The elimination of the right -in only access from 66th Avenue North.
10 -16 -97 6
14. The applicant shall provide appropriate erosion and sediment control devices on the
• site during construction as approved by the City Engineering Department.
15. All work performed and material used for construction of utilities shall conform to
the City of Brooklyn Center current standard specifications and details.
16. The final plat comprehended under Planning Commission Application No. 97010
shall be approved by the City Council and filed with Hennepin County prior to the
issuance of building permits.
17. Roadway improvements to 66th Avenue North, including turn lanes and median
opening, based on a design approved by the City Engineer, shall be installed either
prior to or in conjunction with the issuing of a building permit for the Holiday
Stationstore project. A certificate of occupancy shall not be issued until the roadway
improvements are completed and functional.
18. The outdoor intercom system shall be used only for emergency purposes.
Voting for: Chair Willson, Commissioners Holmes, Reem, and Walker. Voting against:
Commissioner Newman. The motion passed.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO 97012, HOLIDAY
STATIONSTORES
There was a motion by Commissioner Newman, seconded by Commissioner Holmes, to recommend
to the Council that it approve Application No. 97012, for the dental clinic site and building plans,
subject to the following conditions:
1. The building plans are subject to review and approval by the Building official with
respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure completion of all site improvements.
4. Any outside trash disposal facilities or on- ground mechanical equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
•
10 -16 -97 7
• 6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City
Ordinances.
8. B -612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an as-built survey of the property, improvements, and
utility service lines prior to release of the performance guarantees.
10. The property owner shall enter into an easement and agreement for maintenance and
inspection of utility and storm drainage systems prior to the issuance of permits.
11. The applicant shall provide appropriate erosion and sediment control devices on the
site during construction as approved by the City Engineering Department.
12. All work performed and material used for construction of utilities shall conform to
the City of Brooklyn Center current standard specifications and details.
13. The final plat comprehended under Planning Commission Application No. 97010
shall be approved by the City Council and filed with Hennepin County prior to the
t issuance of building permits.
14. Roadway improvements to 66th Avenue North, including turn lanes and median
opening, based on a design approved by the City Engineer, shall be installed either
prior to or in conjunction with the issuing of a building permit for the Holiday
Stationstore project. A certificate of occupancy shall not be issued until the roadway
improvements are completed and functional
15. The screening between the dental office and the R -3 zoned property to the west,
consisting of a combination of a 6 ft. high opaque fence and Colorado Blue Spruce
trees is consistent with screening required by the Ordinance.
Voting for: Chair Willson, Commissioners Holmes, Newman, Reem, and Walker. The motion
passed unanimously.
The Council will consider the recommendations on Application Nos. 97010, 97011, and 97012 at
its Monday, October 27, 1997 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 re- consideration.
BROOKDALE SQUARE (PEP BOYS)
•
10 -16 -97 8
Mr. Warren brought the Commissioners attention to a preliminary plan submitted by Pep Boys, a
retail auto parts and service company, that involves modifications to a building at Brookdale Square.
Specifically, the building on the east side of Shingle Creek Parkway that will accommodate the new
business will be partially demolished and reconfigured. Because of current zoning in the area,
however, an application for the project would involve a special use permit which could not go
forward because the property abuts R -1 zoned property on the opposite side of Shingle Creek
Parkway. He explained that this property will never be utilized for single family development and
should, perhaps, be zoned open space as it contains the Shingle Creek greenstrip and walkway area.
If the property were zoned 0-1, the Pep Boys proposal could go forward. He also noted the Planning
Commission could also acknowledge the fact that this type R -1 abutment is not the type that should
be precluded by the ordinance and go forth with such a recommendation.
Following discussion, the Commissioners agreed that the affected areas should be re -zoned and
recommended that staff proceed with the rezoning process. The Commissioners suggested the
Application for the new business could be prepared and brought before the Commission for its
consideration during the rezoning process.
OTHER BUSINESS
Commissioner Reem reported the occurrence of security/personal safety problems in or around the
lobby/bathroom area adjacent to the Applebee's restaurant at the Brookdale Mall, especially when
the shopping mall is closed. Mr. Warren indicated he would give that information to the Police
Department.
Mr. Warren briefly commented on pending agenda items and noted the next Commission meeting
is scheduled for Thursday, October 30, 1997.
ADJOURNMENT
There was a motion by Commissioner Newman, seconded by Commissioner Holmes, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:10
p.m.
Chair
Recorded and transcribed by:
Arlene Bergfalk
TimeSaver Off Site Secretarial, Inc.
10 -16 -97 9
• spa,
City of Brooklyn Center
A great place to start. A great place to stay.
r
MEMORANDUM
TO: Mayor Kragness, Councilmembers Carmody, Hilstrom, L man, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: October 23 1997
SUBJECT: Discussion Regarding Social Service Funding Policy Development
Financial Commission Chair Donn Escher will make presentation regarding the social service
funding policy development.
•
•
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
�Ob
1,
MEMORAND; _
TO: Michael J. McCauley, City Manager.
FROM: Charlie Hansen, Finance Director C H
DATE: October 20, 1997
SUBJECT: Resolution Creating a City Initiatives Grant Fund and
Authorizing the Appropriation Associated with the Programs
Funded by the Grants
The attached resolution creates a special revenue fund to handle grants received from the federal
and state governments. This new fund will establish separate budgets for each program and
provide better accountability to the oversight agency assigned to the grants. Separation between
the operating expenditures of general fund departments and the expenditures funded by one -time
grants is also achieved. In addition, the appropriations created in this fund will be treated as
project - length budgets and carry forward to multiple years until the grant appropriation is
exhausted.
The
City ouncil has approved ty pp ed five grant programs in 1997 with various budget amounts. The
resolution also authorizes moving these programs from the general fund to the new grant fund.
The grant programs along with their approved budget amounts are outlined below:
•
r t
G an i
Bu et Resolution
Minnesota Auto Theft Prevention Program $97,922 97 -95
After School Enrichment Grant $112,308 97 -109
Metropolitan Council Planning Assistance Grant $10,000 97 -128
Local Law Enforcement Block Grants Program $28,048 97 -142
C.O.P.'s Overtime Grant $25,000 97 -174
•
introduced th
adoption: Member i a following resolution and moved its
RESOLUTION NO.
RESOLUTION CREATING A CITY INITIATIVES
AUTHORIZING THE APpROpRIATIONS ASSOCIA'T'ED WITH THE P OG AND
' HEREAS 7 ED Y THE RAMS
zSa$�T— Tom_
W
Section 7.11 of the City ry Charter Provides ry to order the creation of such P ides the city Council with the
fund
activi ' funds neede d t
sties of the o Properly
ac
City; and P Pe Y count for the financial
WHEREAS, there
no
Projects funded b �' exists the need for a special revenue fund to account for
y grants; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci Center, Minnesota, as follows: of Brooklyn
1 That the classification of funds shall be expanded to include
special revenue fund to account for the receipt and disbursement of tmajor Grant
awarded to the City by the federal government or the State of Minnesota. major grants
2 • Grant projects originally authorized by resolutions adopted or
in the City Initiatives Grant Fund. The appropriations are created 7 as outlined in the
grant agreements and shall be for the period of the grant rather than the calendar year.
Date
Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
thereof:
and upon vote being taken thereon, the following voted in favor
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
1�1 �
• MEMORANDUM
DATE: October 22, 1997
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Service
SUBJECT: An Ordinance Vacating a City Roadway for Park Purposes
On May 15, 1996, Mn/DOT turned back jurisdiction of the roadway through the old Riverridge
Park to Brooklyn Center, in anticipation of releasing the excess right of way. The right of way is
being incorporated in to North Mississippi Regional Park, with the City conveying this right of
way to the Hennepin Regional Park Authority.
The Council has already authorized the conveyance of this property to Hennepin Parks.
However, since Mn/DOT turned back the roadway to Brooklyn Center, technically the roadway
in the park continues to be under the jurisdiction of the City. Accordingly, the Council should
vacate the roadway.
The ordinance is presented for first reading, with a public hearing scheduled on November 24.
•
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 24th day of November, 1997, at
7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek
Parkway, to consider an ordinance to vacate a public roadway.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance.
Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE VACATING A CITY ROADWAY FOR PARK PURPOSES
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. The segment of former Mn/DOT Trunk Highway 94 described below,
which was turned back to the jurisdiction of the City of Brooklyn Center, is hereby vacated:
Beginning in the City of Brooklyn Center at a point on the easterly side of the state
highway right of way of Trunk Highway No. 94, said point is located
approximately 20 feet north and approximately 575 feet east of the center of
Section 1, Township 118 North, Range 21 West; thence northerly along the
• centerline of an access road for approximately 3,900 feet to a point on the
southerly side of the state highway right of way of Trunk Highway No. 694, said
point is located approximately 1150 feet east and approximately 1160 feet north of
the south quarter corner of Section 36, Township 119 North, Range 21 West and
there terminating.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 1997.
Mayor
ATTEST:
City Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
Minnesota Department of Transportation !
1 y Transportation Building
°f 395 John Ireland Boulevard
Saint Paul, Minnesota 55155 -1899
May 3, 1996 296 -6967
Ms. Sharon Knutson
City Clerk of Brooklyn Center
C.Hall: 6301 Shingle Creek Pkwy.
Brooklyn Center, MN 55430
In reply refer to: 7300
State Proj. No. 2781
County of Hennepin
Notice of Release of a portion
of Trunk Highway No. 94
Release No. 1098
Dear Ms. Knutson:
Attached is a Notice of Release of a portion of Trunk Highway No. 94. This will be
effective May 15, 1996, and the description reads as follows:
Beginning in the City of Brooklyn Center at a point on the easterly side of the state
highway right of way of Trunk Highway No. 94, said point is located approximately 20
• feet north and approximately 575 feet east of the center of Section 1, Township 118
North, Range 21 West; thence northerly along the centerline of an access road for
approximately 3,900 feet to a point on the southerly side of the state highway right of
way of Trunk Highway No. 694, said point is located approximately 1150 feet east and
approximately 1160 feet north of the south quarter corner of Section 36, Township 119
North, Range 21 West and there terminating.
The subject portion of road reverts to the jurisdiction of the City of Brooklyn Center in
accordance with Minnesota Statutes, Section 161.16 and 161.24 (and Acts amendatory
thereto).
If you require additional information, call Mr. Neal Bartelt, Office of Right of Way and
Surveys, at the above number, or write this office.
Sincerely,
K. F. Rasmussen, Director
Office of Right of Way and Surveys
Enclosure:
• Release No. 1098
R31642D.rlw
. equal eccorunity emeioyer
/off
MEMORANDUM
DATE: October 23, 1997
TO: Michael McCauley, City Manager
FROM: Joyce Gulseth, Public Works Administrative Aide
SUBJECT: Resolution Expressing Appreciation for the Gift of the Cahlander Family and
Friends in Memory of Robert Cahlander, Jr.
This summer the family of Bob Cahlander contacted the City for approval to have a sculpture
placed in Bob Cahlander Park. With that approval, the family commissioned a sculptor from
Cross Lake, Minnesota to create a stainless steel bear in memory of their husband and father,
Bob "Bear" Cahlander.
A brief ceremony was held in the park on Monday, October 20, 1997 to acknowledge and accept
the gift from family members and friends. The gift is unique in that it is the first piece of art in
our City parks.
•
•
Member introduced the following resolution and moved its
. adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE CAHLANDER
FAMILY AND FRIENDS IN MEMORY OF ROBERT CAHLANDER, JR.
WHEREAS, the family and friends of Robert Cahlander, Jr. have presented to the City
the gift of a stainless steel sculpture of a bear; and
WHEREAS, the City Council is appreciative of the gift and wishes to thank the
Cahlander family and friends for their unique gift of art which has been placed in Bob Cahlander
Park.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that the gift of a sculpture is hereby received with gratitude.
• 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.
•
/D)E
• Member introduced the following resolution and moved
its. adoption:
RESOLUTION NO.
.RESOLUTION COMMENDING THIRD GRADE STUDENTS AT GARDEN
CITY ELEMENTARY SCHOOL
WHEREAS, the third grade students at Garden City Elementary School recently
hosted Councilmember Debra Hilstrom for an informative session regarding City issues; and
WHEREAS, the interest and questions asked by the students demonstrated a
knowledge of and sincere interest in many of the issues currently facing the city;
WHEREAS, the City Council wishes to recognize the third grade students and their
teachers at Garden City Elementary School for taking the time to inform themselves and be
interested in the many exciting things that are happening in our city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the third grade students and their teachers at Garden City Elementary School
be and hereby are recognized for their interest in and knowledge of issues facing the City of
Brooklyn Center.
•
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•