HomeMy WebLinkAbout1996 08-12 CCP Regular Session Public Copy
CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
August 12, 1996
I. Call to Order
2. Roll Call
3. Moment of Silence
4. Council Report
5. Presentation
6. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Counciluiember
so requests, in which event the item will be removed from the consent agenda and
considered at the end of Council Consideration Items.
a. Approval of Minutes
Councilmembers not present at meetings will be recorded as abstaining from the vote
on the minutes.
1. July 1, 1996 - Special Work Session
2. July 15, 1996 - Special Work Session
3. July 22, 1996 - Regular Session
b. Appointment of Election Judges to Serve in Primary and General Elections
C. Proclamation Declaring October 26, 1996, as Make A Difference Day
d. Resolution Authorizing Mayor and City Manager to Execute Third Party Agreements
for the 1996 Urban Hennepin County Community Development Block Grant Program
e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees
(Order No. DST 08/12/96)
£ Resolution Approving Final Plat, B &G Realty 1 st Addition
-This plat received preliminary approval by the City Council at the March 11, 1996,
meeting, and is presented tonight for final approval (Denny's Restaurant).
• g. Resolution Approving Change Order No. 1, Accepting Work Performed, and
Approving Final Payment, Improvement Project No. 1996 -09, Contract 1996 -A,
Sealcoat
• CITY COUNCIL AGENDA -2- August 12, 1996
h. Temporary On -Sale Liquor License for Champp's Americana
i. Resolution Congratulating Dayton's Brookdale on Its 30th Anniversary
j. Licenses
7. Open Forum
8. Public Hearing
a. An Ordinance Amending Ordinance No. 94 -12 Regarding Council Salaries for 1997-
.
1998
-This ordinance was offered for first reading on June 10, 1996, and tabled to the
July 1, 1996, work session; passed first reading on July 8, 1996; published in the
City's official newspaper on July 17, 1996; and is offered this evening for a public
hearing and second reading.
- Requested Council Action:
-Open the public hearing.
-Take public input.
-Close the public hearing.
- Motion to adopt ordinance.
9. Planning Commission Items
a. Planning Commission Application Nos. 96009 and 96010 submitted by Phillips 66
Company. The Planning Commission recommended approval of these applications
at its July 25, 1996, meeting.
g
1. Planning Commission Application No. 96009 - request for site and building plan
approval and a special use permit to build a convenience store /gas station at
6901 Brooklyn Boulevard.
2. Planning Commission Application No. 96010 - request for a variance from
Section 35 -700 of the Zoning Ordinance to allow less than a 15 foot greenstrip
along 69th Avenue North and along Brooklyn Boulevard.
- Requested Council Action:
-Motion to approve Planning Commission Application Nos. 96009 and 96010
submitted by Phillips 66 Company subject to the conditions recommended by
the Planning Commission.
. CITY COUNCIL AGENDA -3- August 12, 1996
b. Planning Commission Application No. 96012 submitted by T.G.I. Friday's, Inc.
Request for rezoning and site and building plan approval through the Planned Unit
Development (PUD) process for the development of a hotel and two restaurants on
vacant property located on the north side of Freeway Boulevard. The Planning
Commission recommended approval of this application at its July 25, 1996, meeting
through the adoption of Planning Commission Resolution No. 96 -02.
1. Resolution Regarding the Disposition of Planning Commission Application No.
96012 Submitted by T.G.I. Friday's, Inc.
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land (T.G.I. Friday's, Inc. /Country Inn and
Suites)
- Requested Council Action:
-Adopt resolution.
- Introduce first reading of the ordinance.
C. Planning Commission Application No. 96013 submitted by the Cross of Glory
Lutheran Church. Request for site and building plan approval and a special use permit
to construct a 6,810 sq. ft. fellowship hall addition to the Cross of Glory Lutheran
Church, 5929 Brooklyn Boulevard. The Planning Commission recommended
approval of this application at its July 25,` 1996, meeting.
- Requested Council Action:
- Motion to approve Planning Commission Application No. 96013 submitted by
the Cross of Glory Lutheran Church subject to the conditions recommended by
the Planning Commission.
10. Council Consideration Items
a. Set Dates for Council Work Sessions
- Requested Council Action:
- Motion to set Council Work Session dates as follows: August 19, October 7,
and October 21, 7 p.m., City Hall.
b. Summarize Conclusions Regarding City Manager Performance Evaluation
- Requested Council Action:
-Mayor give brief summary regarding Council conclusions of City Manager
performance evaluation.
11. Adjournment
• CITY COUNCIL AGENDA -4- August 12, 1996
EDA AGENDA
CITY OF BROOKLYN CENTER
August 12, 1996
7 p.m.
1. Call to Order
2. Roll Call
3. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the Economic Development
Authority and will be enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests, in which event the item will be removed
from the consent agenda and considered at the end of Commission Consideration Items.
a. Approval of Minutes
- Commissioners not present at meetings will be recorded as abstaining from the vote
on the minutes.
1. July 22, 1996 - Regular Session
b. Resolution Authorizing President and Executive Director to Execute Third Party
Agreement for the 1996 Urban Hennepin County Community Development Block
Grant Program
4. Commission Consideration Items
a. Resolution Approving Contract for Private Redevelopment with TGI Friday's, Inc.
-Requested Commission Action:
- Motion to adopt resolution.
b. Application for Minnesota Housing Finance Agency Multifamily Super Request for
Proposals
- Requested Commission Action:
- Motion to approve Application for Minnesota Housing Finance Agency
Multifamily Super Request for Proposals.
5. Adjournment
POSITION STATEMENT-
COUNCIL INVOCATION
THE BROOKLYN- CENTER PRAYER BREAKFAST COMMITTEE HEREBY
PRESENT TO THE BROOKLYN CENTER CITY COUNCIL AND CITY MANAGER THE
FOLLOWING POSITION:
1. WE AS A COMMITTEE ARE EXTREMELY CONCERNED ABOUT THE
DISCONTINUANCE OF INVOCATION AT COUNCIL MEETINGS IN BROOKLYN
CENTER AFTER ADHERING TO THAT PRACTICE FOR 30 YEARS.
2. THE PRACTICE OF HAVING A SHORT INVOCATION AT THE COMMENCEMENT
OF COUNCIL MEETINGS IS A STATEMENT AS CITIZEN AND AS A COMMITTEE
OF OUR RELIANCE UPON GOD. WHAT STATEMENT IS 14ADE BY A
DISCONTINUANCE OF THE PRACTICE.
3. OUTSTANDING GOVERNMENT LEADERS THROUGHOUT HISTORY HAVE OPENLY
EXPRESSED THEIR DEPENDANCE UPON GOD ALMIGHTY- CAN WE IN BROOKLYN
CENTER DO ANY LESS?
4. THE CITY OF BROOKLYN CENTER HAS BEEN EXTREMELY BLESSED
THROUGHOUT THE YEARS. THAT CAN BE ATTRIBUTED TO ACKNOWLEDGING
GOD (1) BEFORE ENTERING INTO COUNCIL BUSINESS AND (2) AS A
COMMITTEE COMING TOGETHER ANNUALLY FOR THE PAST 18 YEARS FOR THE
ANNUAL COMMUNITY PRAYER BREAKFAST.
5. CONGRESS FINDS IT APPROPRIATE TO OPEN THEIR SESSION WITH
PRAYER. THE STATE LEGISLATURE FINDS IT APPROPRIATE TO OPEN THEIR
SESSIONS WITH PRAYER. IS THERE A REASON WHY BROOKLYN CENTER DOES
NOT PERCEIVE THAT TO BE NEEDFUL IN OUR OWN COMMUNITY?
6. THE BROOKLYN CENTER PRAYER BREAKFASTCOMMITTEE . INC CONSISTING
OF
REV. STEVE LOOPSTRA BOB SPIES
DOUG DARNELL ANNETTE NYELO -NATTO
SHERRY MADDOX ULYSSES BOYD
REV. MIKE DYRDAL OR. DENNIS MORROW
JIM McCLOSKEY SHARON VanDenbos
REV. BOB WEISS REV. WILLIAM JACKSON
REV. AL JOHNSON DWIGHT GUNBERG
ERNES McARTHUR DAVID PETERSON
HEREBY URGES THE COUNCIL TO RECONSIDER THEIR POSITION AND
REINSTATE THE PRACTICE OF INVOCATION AT COUNCIL MEETINGS.
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL WORK SESSION
JULY 1, 1996
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in special work session and was called to order by Mayor
Myrna Kragness at 7:02 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and
Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Human Rights and
Resources Commission Members Char Nesseth and Nancy Doucette, and Council Secretary Lori
Ende.
JOINT SESSION WITH HUMAN RIGHTS AND RESOURCES COMMISSION
The City Council met in joint session with the Human Rights and Resources Commission to discuss
the Bias/Hate Crime Response Plan. Char Nesseth, Human Rights and Resources Commission Vice
• Chair, gave an overview of the various drafts the Commission has written in regard to the bias/hate
crime response plan and asked for recommendation for what the Commission now believes is a
viable plan for approval by the Council
The Council expressed concern regarding language in the final draft of the plan and suggested the
need to rework a few sections.
The City Attorney recommended the word hasson used in the contract under the first heading, first
paragraph 'of the plan, be changed to read as follows: 'Provide initial and ongoing referrals to create
linkages between victims and network partners."
The City Attorney also suggested the Commission add to Page 2 under the heading "Review
Response ", point 4 to read as follows: "The City Manager shall inform the Council as to the
outcome."
The City Manager noted concern about this plan. There should be coordination between the
Commission, the network partners, staff, Council, and community groups. School districts may
want to be involved in both response and education when dealing with bias response. A bias
response plan should be a community plan where the City is involved as needed for its services.
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Councilmember Hilstrom questioned the need for a response plan. The City pays for services such
as this through the Police Department and First Call for Help. •
Commission Member Doucette stated the Commission received copies of several other city's
bias/hate crime plans, and the Commission followed those examples as a guideline in creating this
plan for the City of Brooklyn Center. The committee members serving this Commission will be
group- trained in how to respond. She made it clear the Commission will not be holding press
conferences or giving legal advice, but instead be providing human support.
Councilmember Hilstrom questioned if new volunteers or Commission members who were not
involved in creating the plan could respond by following this plan.
The City Manager stated the need for the Commission to develop suggested thoughts or approaches
on how the City should respond on a community -wide basis.
The City Attorney suggested creating a clear model which identifies what each individual does,
should an incident occur, who the contacts are, and what resources are available for the victim.
Councilmember Hilstrom asked for a legal opinion from our City Attorney regarding writing letters
to the editor on issues involving opposition of hate/bias crimes. The City Attorney stated he would
not advise any group to speak on behalf of the City.
The City Attorney suggested the Commission work with the City staff and other community
resources to develop suggested approaches in dealing as a community with bias/hate crimes by
reviewing situations involving'other cities and what those cities did to prevent future recurrences,
as well as what responses worked and what did not.
The City Manager suggested that once the plan is approved the Commission work with staff to
develop the community -wide response system so the whole community is leveraged.
RECONVENE CITY COUNCIL SPECIAL WORK SESSION
Mayor Kragness called the regular City Council work session to order at 8:36 p.m.
DISCUSSION OF STREET LAYOUT AROUND BROOKDALE
Councilmember Nichols discussed ideas regarding a new street development plan which would
increase business at Brookdale Center. He mentioned the proposed mall in Maple Grove and
questioned how it would affect Brookdale Center.
Councilmember Nichols pointed out the reasons why the other malls, Southdale, Rosedale,
Ridgedale, etc. are doing so well is because of the businesses surrounding the mall. He suggested
plans to bring new businesses into and around the mall area.
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Councilmember Nichols proposed the Council provide the initiative to move ahead with
• redevelopment of Brookdale Center, and described the possibility of plan using diagrams and aerial
photos of the current mall.
Discussion continued regarding the roads surrounding Brookdale Center.
The City Manager explained staff has looked into a similar concept, but more reactive than
proactive, in that they have relied on a redevelopment of Brookdale Center. He described various
conceptualized ideas and noted the need to have a developer at hand to work with trying to assemble
the property in order to afford a project such as this. It was important to convey flexibility in
responding to development proposals.
Councilmember Nichols inquired as to the Council's role in moving this plan forward. The City
Manager suggested a design person articulate what may or may not be possible. He noted that the
plan will have to be set aside until a developer comes in with a redevelopment plan before the City
will look at this issue closer.
HISTORICAL SOCIETY REQUEST FOR USE OF WELL HOUSE
The City Manager used a diagram to show the water tower, where the well house is located, and
explained the Historical Society's request to move its storage into that well house.
The Council discussed the possibility of the Historical Society looking at donation funding to
• purchase facilities or donated facility to use for storage so they are no longer be dependant on using
City facilities.
Council consensus was reached that they all look at requested site before making any
recommendations regarding this issue.
CITY COUNCIL SALARY RECOMMENDATION FROM FINANCIAL COMMISSION
The City Manager discussed compensation recommendations' for Mayor and Councilmembers and
noted the Financial Commission's recommendation to the Council.
Councilmember Nichols noted he will support the ordinance because if the Council doesn't increase
it now, it will get to where they eventually have to and the increase would be astronomical.
Council consensus was reached to request staff to prepare an ordinance to increase salaries by three
hundred dollars for 1997 and 2.75% for 1998.
GRANTS IN GENERAL AND LAW ENFORCEMENT BLOCK GRANTS
The City Manager explained the need for many grants to be brought before Council before they are
approved and explained, in general, how the grant system works.
Discussion followed regarding federal program grants.
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The City Manager noted staff is not planning to apply for any federal grants and have not applied
for grants for police officers, except for overtime police personnel doing warrants or special projects. •
The City Manager warned the Council of potential political pressure regarding the need for more
police m Brooklyn Center P y based on grant funds.
POLICY ON EMPLOYEES SERVING IN CITY COUNCIL ADVISORY COMMISSIONS
The City Manager explained the current policy relating to employees serving on commissions.
The Council agreed that no City employee should be allowed to apply or be elected to serve as a
commission chair.
PARK COMMISSION RECOMMENDATION ON RE- NAMING TWIN BEACH PARK
The City Manager referred the Council to the recommendations from the Park and Recreation
Commission that the name "Twin Beach Park" infers that there is a beach facility available to the
public. He explained at one time this was a City- operated beach, however, at present it is not.
Discussion continued regarding the beach front area and whether it was developable. The City
Manager requested they assess the possibility of development further.
Council consensus was reached to recommend renaming Twin Beach Park to Twin Lake Park.
REVIEW OF 53RD STREET POTENTIAL PROJECT .
The City Manager distributed a map of the proposed 53rd Street Project and described the proposed
development of that project. Discussion followed regarding park access issues in the 53rd Street
neighborhood and park and housing design. The City Manager explained the finances and timeliness
involved in moving ahead with the project. The Council concurred this project is reasonable and
they look forward to the completion of the project as it stands. The Council indicated a desire to
have a sidewalk or path linkage from 53rd to Bellvue Park.
BUDGET, REQUESTS FOR CONTRIBUTIONS
The City Manager asked for Council direction as to who should review the requests for contributions
for funding. In the past, the Human Rights and Resources Commission reviewed these requests.
It was Council consensus that the Council will review the requests for funding.
ADJOURNMENT
A motion by Mayor Kragness and seconded by Councilmember Hilstrom to adjourn the meeting at
11 p.m. passed unanimously.
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City Clerk Mayor
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL WORK SESSION
JULY 15, 1996
CONFERENCE ROOM B
CALL TO ORDER
The Brooklyn Center City Council met in special work session and was called to order by Mayor
Myrna Kragness at 7 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and
Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley and Council Secretary
Connie Beckman.
INQUIRY FROM LOGIS REGARDING ISSUANCE OF BONDS BY ANOTHER
MUNICIPALITY
The City Manager has been contacted by LOGIS (Local Government Information Systems) inquiring
whether Council would approve issuance of bonds by another municipality for use in constructing
• a new LOGIS office building in Brooklyn Center. Pros and cons of LOGIS being located in the city
were discussed. Council unanimously agreed it was not in the best interest of Brooklyn Center to
approve sale of any bonds by another municipality.
GENERAL DISCUSSION OF COUNCIL MEETINGS
Currently, Roberts' Rules of Order are used in conducting Council business. However, Roberts'
Rules are designed for large -group meetings. Currently, the City of Robbinsdale is using Sturgis in
conducting Council business. The City Manager suggested Council consider developing a simplified
set of rules and abandon intricate rules.
Councilmember Nichols indicated a desire to further investigate implementation of an alternate
method in order to conduct City business in a more expeditious manner. It was unanimously agreed
to have someone experienced in approaches of meeting conduct provide Council with further
information so that an educated decision could be made about which format(s) to use. The City
Manager will make arrangements for a verbal presentation.
Concerns /feedback have been communicated to Council regarding content of the July 8, 1996,
Council meeting invocation. It was the consensus of Council that concrete expectations of
invocation content -- should it continue to be part of Council meetings- -need to be established. And
until these can be determined, a moment of silence should be observed in place of the invocation.
Mayor Kragness will personally contact Dean Nyquist regarding this decision. As well, the City
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Manager will send a letter to the Brooklyn Center Prayer Breakfast Committee reiterating Council's •
decision at this time, pending further clarification of invocation content expectations.
MEETINGS WITH COMMISSIONS
DEVELOPSCHEDULE
The City Manager discussed meetings already scheduled with commissions. He reminded Council
of tight scheduling given upcoming budget - related meetings and suggested scheduling of additional
meetings with any commissions wait until after the first of the year (1997).
Councilmember Hilstrom indicated concern about some commissions preparing to establish
individual commission goals /objectives and was uncomfortable about whether this would conflict
with Council's desire to specify policy direction. Councilmember Nichols clarified it was Council's
duty to set policy for each commission, and each commission's task to advise on consent and/or how
to obtain a respective policy.
ANNUAL MEETING
The City Manager suggested Council consider expanding the annual joint meeting of the Council
and its advisory commissions to include a volunteer appreciation format which would include
current outgoing,
and past commis'
g g, p ion members. This event could be held one time each Y ear.
Written correspondence would be also sent to outgoing members expressing appreciation for past
service to the City.
Councilmember Nichols cited the importance of recognition adding it might encourage others to
volunteer participation on a commission. Mayor Kragness suggested holding the annual meeting
in the same month each year.
FINANCIAL COMMISSION INVOLVEMENT
Councilmember Carmody indicated the Financial Commission may not need to meet every month
since its primary responsibility is to discuss and suggest Council salaries. Given this, discussion
ensued about whether specific issues should be referred to a task force as needed rather than as a
standing commission. It was Council consensus to look at changing the Commission to a task force.
FUTURE WORK SESSIONS
Council set the following dates for work sessions:
Thursday, August 8, 1996, at 7 p.m.
Monday, August 19, 1996, at 7 p.m. -- budget and general
Monday, September 16, 1996, at 7 p.m.--joint meeting with Brooklyn Park
Monday, October 7, 1996, at 7.p.m.
Monday, October 21, 1996, at 7 p.m.
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DEDICATION OF BOB CAHLANDER PARK
• The dedication of Bob Cahlander Park has been scheduled for Tuesday, July 30, 1996. The City
Manager will see if it could be scheduled at 8:30 or 9 a.m.
COUNCIL CANDIDATE FILINGS
The City Manager distributed an updated list of Council candidate filings.
REQUEST FROM LEAGUE OF MINNESOTA CITIES FOR CONTRIBUTION TO RIGHT -OF-
WAY EFFORT
The City Manager informed Council of a request from the League of Minnesota Cities for
participation in funding a task force which would help design a uniform set of design standards to
accommodate coaxial cable. The task force would be in effect for one to three years. There was
Council consensus to have this item put on the July 22, 1996, agenda for official approval.
UPDATE ON FIRE/POLICE /CITY HALL BUILDING ISSUES
The City Manager advised the Council he was exploring and comparing options for fire station
remodeling or building. The fire station located on 63rd and Brooklyn Boulevard is a possibility
for remodeling d expansion. A retro fit on Dupont where a bay could be added and ace
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expanded might be another option. The City Manager suggested expanding at 63rd and making it
a main station and eliminating duplication of some facilities at Dupont should be a more cost -
effective approach than adding space at both stations. A decision to fund the remodeling project via
a bond issue would need to be decided by September 1996. An alternative is to hold a special
is election which would cost money.
Currently, there are significant police department space issues which include office space for female
employees, booking area, and holding cell. The City Manager presented Council with a rough
sketch for possible consideration of an addition to the current police, station/city hall building.
Councilmember Hilstrom would like to see police department issues be given higher priority versus
the fire department training center. The City Manager indicated a desire to complete remodeling of
the police station/city hall building with cash and remodeling of the fire department via bond sales.
Optimal time lines of starting on such projects would be as follows: police in first part of 1997 using
the City fund balance; fire before the first of 1997 using bond issue monies. The City Manager
indicated is was more important to use monies from the fund balance rather than increase taxes, and
if a bond issue was posed but did not pass it would be a higher priority to address the police
station/city hall building needs. Councilmembers Hilstrom and Carmody desire to have both
projects bonded at the same time if funding is going to be an issue.
REVIEW OF POLICIES ON BUDGET AND DATES
The City Manager distributed budget information. He informed Council of the following: the
preliminary tax levy will need to be set at the first regular session in September 1996; the
preliminary levy cannot exceed a certain level; bonded indebtedness can allow the levy to be raised.
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COUNCIL OVERVIEW OF OBJECTIVES /CONCERNS FOR BUDGET PROCESS •
A target levy of three to four percent was suggested. Discussion included increase ratios of property
taxes and how they relate to school district levies: decide if what's being spent makes sense; identify
available resources; make decisions of base spending (i.e. personnel, etc.).
Councilmember Hilstrom strongly emphasized requiring submitted goals to be "measurable" which
reflect what's happening and/or not happening.
RECREATION PROGRAM SUBSIDY TARGETS (YOUTH SENIOR ADULT)
Discussion of youth programs, who they are provided (resident/non - resident) and financial
implications were discussed. Councilmember Hilstrom suggested consideration of establishing a
certain percentage of subsidies for each program (children, youth, adult, etc.). She emphasized a
need to distinguish between residents and non - residents with respect to program/activity fees and
suggested consideration of having some "grants" available for residents.
GENERAL VERSES SPECIALIZED (I .E. COMMUNITY CENTER V POTTERY CLASSES)
The City Manager added it would be financially beneficial to establish/identify a criteria for
programs. In other words a required number of participants for each program/activity would be
established. If there were not enough participants to meet that required number, the program/activity
would be canceled. The City Manager stated that a philosophy should be held of not doing a
program/activity if it is not financially beneficial for the City. As well, there needs to be criteria
distinction between what activities the City would subsidize and would not (i.e. field trip outing •
versus a class).
PROFESSIONAL SERVICES ( COUNCIL DIRECTION ON SOLICITATION OF
PROPOSALS /SCHEDULE)
The City Manager will investigate when contracts expire with the attorneys and engineers. Council
will address budgeting issues as respective contracts come up for renewal.
WADING POOL
There was discussion of how much the wading pool is utilized and its cost effectiveness. There were
also safety concerns relating to parents not properly monitoring small children who are using the
wading pool. The City Manager indicated the wading pool could be converted into an area providing
additional locker room space.
The City Manager indicated potential closing of the pool by the Health Department and wondered
whether Council desired to wait on any decision making until that happens. Councilmember
Hilstrom indicated a desire for the City to be proactive versus reactive.
PAY OFF OF LIQUOR STORE LOAN (.APPROXIMATE BALANCE: $137 000
Councilmember Carmody suggested paying off the loan if the general fund comes in at a certain
amount under budget and selling the Humboldt site. Councilmember Hilstrom expressed concern
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about the Northbrook site in that property taxes have not been paid. Issues surrounding a potential
• location of the municipal liquor store being located at the new Rainbow Foods site were discussed.
LANDSCAPING TARGET LEVEL
The City Manager requested clarification about the extent of landscaping and associated upkeep
maintenance (i.e. mowing) Council desired for City properties. He indicated a desire to see nice and
appealing landscaping, but only that which does not require high maintenance, resulting in increased
personnel budget expense; Council concurred.
SPEED LIMIT ON 69TH AVENUE
Council unanimously agreed to the leave the speed limit as is at this time.
TAX INCREMENT FINANCING
The City Manager informed Council a response from S rin sted is overdue and has delayed a
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presentation to the Council.
DISCUSSION OF MATERIALS FROM CARL NEU
Goals were reviewed and discussed by Council. Mayor Kragness indicated a desire to see
development of an updated job description for code enforcement officers.
CITY MANAGER EVALUATION
The City Manager offered verbal suggestions and accompanying explanations of evaluation formats
• stating that they should provide for more objectivity. The "goals" section needs to be
measurable /articuable. The "general duties" section should allow for a general verbal overview (in
written form) which would contain specific comments.
After further discussion, the City Manager will redesign the evaluation into a shorter format
containing the four goals (Code Enforcement, Familiar with Staff and City, Fire and Police, New
Budget Format) previously established for the City Manager and the general duties format used by
Minnetonka. The redesigned format will be presented for Council approval at the July 22, 1996,
regular Council meeting.
PLANNING M I COMMISSION ON
Councilmember Carmody inquired whether any contact had been made with the Commission
member in question. The City Manager responded written correspondence had been sent to the
member, however, no contact on the part of the member had been reciprocated. It was the consensus
of Council to have the City Manager send a final letter to the member in question as a last resort
prior to declaring the Commission position vacant.
ADJOURNMENT
A motion by Councilmember Hilstrom and seconded by Councilmember Mann to adjourn the
meeting at 10:50 p.m. passed unanimously.
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City Clerk Mayor .
Recorded and transcribed by:
Connie Beckman
TimeSaver Off Site Secretarial
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MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
JULY 22, 1996
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna
Kragness at 7:02 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and
Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public
Services Diane Spector, Planning and Zoning Specialist Ron Warren, Ci Attorney v Charlie
,
LeFevere, and Council Secretary Connie Beckman.
MOMENT OF SILENCE
A moment of silence was observed.
COUNCIL REPORT
Councilmember Nichols shared information gathered from a meeting of the Association of
Metropolitan Municipalities regarding projected population growth of the metro area by the year
2020. Information from the meetings will be forwarded to Council members.
PRESENTATION
Mayor Kragness and the City Manager congratulated Pierre Roddy, a City Code Enforcement
Officer, on a job well done. Mayor Kragness also presented Mr. Roddv with a plaque
acknowledging him as the Citv of Brooklyn Center Employee of the Quarter.
APPROVAL OF A ENDA AND CONSENT AGENDA
A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the July
22, 1996, agenda with the removal of Items 6(f) and 10(e) from the consent agenda passed
unanimously.
APPROVAL OF MINUTES
A motion by Councilmember Mann and seconded by Councilmember Nichols to approve minutes
of the July 8, 1996 - Regular Session: and July 8, 1996 - Executive Session as printed passed
unanimously.
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RESOLUTION NO 96 -134
Member Kristen Mann introduced the following resolution and moved its adoption: •
RESOLUTION ACKNOWLEDGING AND CONGRATULATING PIERRE RODDY AS THE
CITY OF BROOKLYN CENTER EMPLOYEE OF THE QUARTER, SECOND QUARTER 1996.
AND CONGRATULATING ALL SECOND QUARTER NOMINEES
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
RESOLUTION NO. 96-135
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
SPONSORS AND PARTICIPANTS IN THE DUDLEY BUDWEISER CLASSIC SPONSORED
BY EASTON AND COCA -COLA
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
RESOLUTION NO 96 -136
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and P assed unanimously.
RESOLUTION NO 96 -137
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING MAYOR AND CITY tiLANAGER TO EXECUTE
SUBRECIPIENT AGREEMENT WITH HENNEPN COUNTY FOR THE 1996 URBAN
HENNEPN COUNTY COTNIMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
07/22/96 _ _
DRAFT
RESOLUTION NO 96 -134
• Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF
DISEASED TREES (ORDER NO. DST 07122196)
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
RESOLUTION NO-96-139
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION REJECTING BIDS, IMPROVEMENT PROJECT NO. 1996 -15, CONTRACT
1996 -L SANITARY SEWER RELOCATION AT FREEWAY BOULEVARD
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
RESOLUTION NO 96 -140
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION ESTABLISHING THE STORM DRAINAGE SPECIAL ASSESSMENT RATE
FOR 1996
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
RESOLUTION NO 96 -141
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC
HEARING, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE,
SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH, BRIDGE REPLACEMENT.
ROADWAY, AND WATERMAIN
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed. unanimously.
•
07/22/96 _ ; _
DRAFT
RESOLUTION NO 96 -14
Member Kristen Mann introduced the following resolution and moved its adoption: •
RESOLUTION DECLARING COST TO BE ASSESSED. AND CALLING FOR A PUBLIC
HEARING, IMPROVEMENT PROJECT NOS. 1996 -01 AND 02, CONTRACT 1996 -B.
ORCHARD LANE EAST STREET AND STORM DRAINAGE IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly econded by member ber Charles F.
Nichols Sr. and passed unanimously.
nanimousl. y
P ,
RESOLUTION NO 96 -143
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC
HEARING, IMPROVEMENT PROJECT NOS. 1996 -06 AND 07
CONTRACT 1996-G, LOGAN,
JAMES, KNOX, AND 57TH AVENUES STREET AND STORM DRAINAGE IMPROVEMENTS
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
RESOLUTION NO 96 -144
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION DECLARING COST TO BE ASSESSED, AND CALLING FOR A PUBLIC
HEARING, IMPROVEMENT PROJECT NO. 1996 -10, CONTRACT 1996 -H, 53RD AVENUE,
XERXES TO VINCENT, AND XERXES AVENUE, 49TH TO 53RD STREET IMPROVEMENT
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and . assed unanimously.
y
RESOLUTION NO 96 -145
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR
DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS. PUBLIC
UTILITY HOOKUP CHARGES, AND DELINQUENT PUBLIC UTILITY SERVICE
ACCOUNTS
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
•
07/22/96 -4-
DRAFT
RESOLUTION NO. 96 -146
. Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NO. 1993-
13, CONTRACT 1995 -G, POND /PARK/PARK AND RIDE /65TH AVENUE REALIGNMENT
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
RESOLUTION NO. 96 -147
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED,
AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1996 -14, CONTRACT
1996 -F, SHINGLE CREEK PARKWAY RETAINING WALL
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
SITE PERFORMANCE GUARANTEE RELEASE
A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the Site
Performance Guarantee Release for Maranatha Baptist Care Center located at 5401 69th Avenue
• North passed unanimously.
RESOLUTION NO. 96 -148
Member Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A VACANCY ON THE PLANNING COMMISSION
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
LICENSES
A motion by Councilmember Mann and seconded by Councilmember Nichols to approve the
following list of licenses passed unanimously:
Alv
ILSEVIENTDEVKES- OPERATOR
Beacon Bowl 6525 West River Road
Chuckwagon Grill 1923 57th Ave. N.
Davanni's 5937 Summit Drive
Days Inn 1501 Freeway Blvd.
Ground Round Restaurant 2545 Countv Road 10
Hilton Minneapolis North 2200 Freewav Blvd.
•
071 -5 -
DRAFT
i\vfCTO 6845 Shingle Creek Pkwy.
AMUSEMENT DEVICES- VENDOR •
CDL 1317 North Highway 169
Theisen Vending Company 3800 Nicollet Ave. S.
COURTESY BENCH
Courtesy Bench Company 4215 Winnetka Ave. N.
GARBAGE AND REFUSE COLLECTION VEHICLES
Aagard Sanitation 3291 Terminal Drive
Twin City Sanitation 279 Meadowwood Lane
RENTAL DWELLINGS
Gary Anakkala 5412 -12' /Z Fremont Ave. N.
Fredric Guthrie 5843 Fremont Ave. N.
Mrs. Paul Enge 4748 Twin Lake Ave. N.
Victor /Jean Huang 3813 72nd Ave. N.
OPEN FORUM
Peg Snesrud, 7849 Xerxes Court, Brooklyn Park, extended an official invitation for the National
Night Out and Fire Prevention festivities to be held on Tuesday, August 6, 1996. A spaghetti dinner
fixndraiser will take place on August 1, 1996, at Tasty Pizza in Brooklyn Park and serve as a kick -off
event. On Sunday, August 4, 1996, at Zanewood Park associated activities will also be held.
Roger Kloster, 7223 Lee Avenue North, a 28 -year resident questioned the proposed noise ordinance
and its necessity with specific ordinance intention being directed at car stereos and/or boom boxes.
Mr. Kloster cited other items (i.e. snow blower, lawn mower, construction tools, children playing)
stating that they too can cause noise warranting complaint(s). Mr. Kloster stated that implementing
City ordinances which may already be addressed by State or Federal ordinances would just create
additional levels of bureaucracy. Mayor Kragness informed Mr. Kloster the ordinance was initiated
in response to police requests based upon most common resident complaints relating to car stereos
and/or boom boxes.
Ulyssess Boyd, 4807 Azelia Avenue North, expressed displeasure at the discontinuation of the
invocation at Council meetings. Mr. Boyd reminded Council that "In God We Trust" is found on
the American currency, and when mankind chooses to forget about existence of a Supreme Being,
a big mistake is being made.
Mayor Kragness received a letter from Rex Newman clarifying there is another grocery store present
in Brooklyn Center and expressed his support of Jerry's New Market.
•
07/22/96 -6-
PUBLIC HEARINGS DRAFT
• AN ORDINANCE AM ENDTNG CHAPTER 35 OF THE CITY ORDINANCES REGARDING
THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTH HOSPICE)
The City Manager informed Council the ordinance at hand was basically a "housekeeping" process
to rezone the land enabling residential hospice care to be provided for more than six clients. Staff
recommended adoption of the ordinance.
The Planning and Zoning Specialist provided an overhead transparency map for the purpose of
establishing location of the land (south of Bass Lake Road).
PUBLIC HEARING
A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the
public hearing at 7:24 p.m. passed unanimously.
PUBLIC INPUT
No public input. was offered.
A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the P ublic
hearing at 7:25 p.m. passed unanimously.
ORDINANCE NO 96 -09
Member Kathleen Carmody introduced the following ordinance and moved its adoption:
AN ORDINANCE A.MENDNG CHAPTER 35 OF THE CITY ORDINANCES REGARDNG
THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTH HOSPICE)
The motion for the adoption of the foregoing ordinance was duly seconded by member Debra
Hilstrom and passed unanimously. y
AN ORDNANCE AyIENDNG CHAPTER 1 OF THE CITY O INAN ES F[`TARDING
LIQUOR LICEN ING AMENDIN SECTION 11 609 BY DELETING PARAGRAPHS 6 AND
10
The City Manager indicated the ordinance at hand was to amend the current ordinance._ thus
correcting an oversight and will now conform with State law.
PUBLIC HEARIN ,
A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to open the
public hearing at 7:26 p.m. passed unanimously.
PUBLIC INPUT
No public input was offered.
•
07/22/96 -7 -
DRAFT
A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public
hearing at 7:27 p.m. passed unanimously. •
ORDINANCE NO. 96 -10
Member Kristen Mann introduced the following ordinance and moved its adoption:
AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING
LIQUOR LICENSING, AMENDING SECTION 11 -609 BY DELETING PARAGRAPHS 6 AND
10
The motion for the adoption of the foregoing ordinance was duly seconded by member Kathleen
Carmody and passed unanimously.
PLANNING COMMISSION ITEMS
PLANNING COMMISSION APPLICATION NO 96011 SUBMITTED BY MINNESOTA
MUSCLE AND FITNESS NC REQUEST FOR SPECIAL USE PERMIT APPROVAL TO
OPERATE A FITNESS AND WEIGHT MANAGEMENT FACILITY IN THE NORTHBROOK
SHOPPING CENTER AT 1910 57TH AVENUE NORTH
The City Manager informed Council the real estate taxes are now delinquent on the property at hand.
A recently passed State law would allow Council to deny a permit for the premises based on
delinquent taxes. However, probable litigation costs and designated receiver issues would most
likely be more than the benefits that could be realized by approving the permit.
Councilmember Carmody inquired about any new developments with respect to Hennepin County's
involvement with the property. The City Manager indicated the Director of Community
Development has done some research and nothing concrete has been indicated. There is a possibility
the County could foreclose on the property, however, it did not appear likely to transpire in the near
future.
Mayor Kragness inquired whether Rajesh Dash, applicant for a Special Use Permit on behalf of
Minnesota Muscle and Fitness, Inc., was aware of the situation. Mr. Dash responded exact details
of the property were not known, but that it is only in receivership.
Councilmember Nichols inquired whether Mr. Dash was still interested in pursuing approval of the
application at hand. Mr. Dash responded affirmatively indicating there had already been a
significant amount of time and effort invested in the project. y
There was a motion by Councilmember Carmody and seconded by Councilmember Nichols to
approve Planning Commission Application No. 96011 submitted by Minnesota Muscle and Fitness,
Inc. subject to the following conditions recommended by the Planning Commission:
•
07/22/96 - 8 -
DRAFT
1. The Special Use Permit is granted for a fitness training and weight management facility
• as comprehended under the classification of use contained in Section 35 -322,
Subdivision 3p as an "other athletic club." Any change in the use of this operation not
comprehended by this application or permitted under the Zoning Ordinance will require
approval of an amendment to this Special Use Permit.
2. Building plans for tenant remodeling and occupancy of this space are subject to the
approval of the Building Official prior to the issuance of permits.
3. The granting of this Special Use Permit is subject to the applicant complying with all
applicable codes, ordinances and regulations relating t
g g o the operation. Any violation
thereof may be grounds for revocation.
The motion passed unanimously.
COUNCIL CONSIDERATION IT MS
RESO UTION ACCEPTING QUOTE AND AWARDING A CONTRACT FOR PROFESSIONAL
SERVICES FOR WATER DISTRIBUTION SYSTEM MODELING
The City Manager stated that approval of the resolution at hand would allow purchase of equipment
which would provide cost effective targeting of specific water system needs and improvements.
t Councilmember Carmody inquired why this cost was not included in the budget. The Director of
Public Services responded this is not a perpetual cost, but only one that comes up once every seven
years or so. The City Manager added it would be reasonable, however, to implement it as part of
ongoing budgeting in the coming years since part of its purpose is to assist with future planning
relating to the City's infrastructure improvements.
Mayor Kragness inquired how often the system would require updating. The City Manager
responded that most initial modeling of the system would be done by City staff. However, in
approximately six to eight years, someone could be brought in to do a
more extensive. v
o erall update.
The Director of Public Services added it was important to understand past focus has been on water
supply, but now distribution needs require a closer look.
Councilmember Carmody reiterated her concern over the system price not being included in the
1997 budget. The City Manager again agreed it is an item which deserves a place in the City budget.
•
07/22/96 -9-
D RAFT
RESOLUTION NO 96 -149
Member Kathleen Carmody introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE AND AWARDING A CONTRACT FOR PROFESSIONAL
SERVICES FOR WATER DISTRIBUTION SYSTEM MODELING
The motion for the adoption of the foregoing resolution was duly seconded by member Charles F.
Nichols, Sr. and passed unanimously.
EVALUATION FORMAT FOR CITY MANAGER EVALUATION
A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the
evaluation format for City Manager evaluation, and conduct said evaluation in a Work Session on
Thursday, August b t 8, 1996, at 7 p.m. passed unanimously.
PARTICIPATION IN RIGHTS OF WAY TASK FORCE
The City Manager reviewed a letter received by Mayor Kragness from the President of the League
of Minnesota Cities regarding challenges to managing public rights of ways, which is a critical issue.
A task force is attempting to be put together to assist in the development of a work plan. In order
to address costs associated with development of a work plan, the League is requesting voluntary
payment by the City of $1.5 76.
A motion by Councilmember Carmody and seconded by Councilmember Mann to approve
participation in the Rights of Way Task Force passed unanimously.
UPDATE ON CODE ENFORCEMENT
The City Manager made a presentation utilizing overhead transparencies. All areas of Brooklyn
Center south of 1 -694 have been totally completed. -
. Areas no 4
north of I 69 have been inspected ns ected and
P.
initial letters sent out. Other number figures provided were as follows: 7,338 properties were
inspected from the street; 1,044 letters have been sent to people; 14% of those properties inspected
have been sent letters; 86% of properties inspected did not have problems; 131 citations have been
issued (82 for vehicles, 49 for debris, etc.).
Based on questions and feedback from Council, the City Manager provided the following additional
information. After all inspections have been completed a monitoring process will take place.
Specific inspections will most likely be a result of response to complaints made. A monitoring
system will be implemented Y which addresses Q
ss s those properties i
P pop rtes which have g enerated complaints.
Throughout 1997, a similar initiative will be in operation. All properties will not be inspected, but
just those areas of the city which have been identified as troublesome. Since some residents have
questioned the code enforcement process, an explanation will be offered in the next newsletter. If
someone files a complaint they are not notified of the complaint's status. However, they are allowed
to call and receive a follow -up information.
Mayor Kragness congratulated the City Manager and Police department for a job well done.
•
07/22/96 _10-
DRAFT
ITEMiS REMOVED FROM THE CONSENT AGENDA
• RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
SUBRECIPIENT AGREEMENT WITH HENNEPN COUNTY FOR THE 1996 I RBAN
HENNEPIN COUNTY COMM ITY DEVELOPMENT BLOCK GRANT PROGRAM[
Further information needs to be obtained before presentation to Council for approval.
VIEW BUDGET VIDEO TAPE
This item was removed from the agenda until permission is obtained to broadcast the video.
ADJOURNMENT
A motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn the
meeting at 7:54 p.m. passed unanimously.
City Clerk Mavor
Recorded and
transcribed by:
• Connie Beckman
TimeSaver Off Site Secretarial
07/22/96
�b
• MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Sharon Knutson, City Clerk jbt�
DATE: August 8, 1996
SUBJECT: Appointment of Election Judges to Serve in Primary and General
Elections
Minnesota State Statutes, Section 204B.21, Subd. 2, requires election judges be appointed by the
governing body at least 25 days before the election at which the election judges will serve.
The following list of individuals have qualified to be election judges, and it is requested the City
Council appoint them to serve as election judges for the primary election, September 10, 1996,
and the general election, November 5, 1996.
Precinct 1 Precinct 3
6 -D- Deloris Cooper, Chair 3 -R -Ann Bystrom, Chair
4- R- Cheryl Bjorlie 3 -D- Elizabeth Beadles
6 -R -Don Gillquist 3 -D- Charlotte Chermak
4 -D -Ray Hokenson 3 -R- Gladys Clasemann
1 -R -Pat Hotchkiss 2 -R -Paul Ditter
1 -D -Joyce Lindquist 6- R- Arlene Gillquist
1 -D- Dorothy Nyberg 4 -R- Carolyn Green
1 -R -Mary Thiebault 2 -D- Margaret Harris
6 -D -Mary Warne 4 -D- Barbara Hokenson
1 -R -Boyd Will 3 -R -Greg Larson
6- D- Richard Mero ,
Precinct 2
8 -R -Roger Johnson, Chair Precinct 4
2 -R -Helen Bailey 4- D -Rosie Teas, Chair
3 -D- Clarence Beadles 4 -R -Ardis Fairchild
2- R- Kathleen Ditter 4 -R- Virginia Johnson
2- R- Marjory Hamilton 4 -I- Warren Lindquist
2- D- Vickie Harris 4 -D -Joyce Nelson
2 -R -Lois Holmes 4 -I -Roger Peterson
2 -D -Donna Jennrich 4 -R -Joann Reavely
2- D- McKevha Thomas 4 -D -Selma Ryan
6 -D -Kate Warne 4 -1)- Marjorie Silver
4 -D- Luella Torrence
Precinct 5 Absentee Judges
6 -D -Earl Larsen, Chair 8 -R- Russell Bankson
5 -R -Lois Froebel 6 -D -Betty Dudley
5 -D- Lorraine Halter 3- I- Lillian Hetchler
5 -I- Delores Olson 6 -D -Judy Keranen
8 -R -James Tobias 7- R- Imelda Mayleben
5 -D -Gloria Voeltz 7- R- Barbara Sexton
8 -D -Jean Ward 4 -D -Dale Velander
5 -R- Violet Zumwinkle 8 -R -Robert Warnberg
Precinct 6 Standby Judges
6 -R- Catherine Wetzel, Chair 4 -D -Tracy Tyler
6 -D -Doris Boyum
6 -D -Doris Chapman
6 -R -Lora Jefferson
6- R- Arlene Olson
6 -D -Beth Rygh
4 -R -Jim Skare
6- D- Margit Sovde
6 -R- Leontine Torkelson
6 -D -E. Margaret Trautwein
Precinct 7 =
7 -D -Mona Hintzman, Chair
7 -R -John Aiidraschko
7 -D -Carol Benkofske
7 -R -Karen Bolstad
7 -D -Kay Brosseau
7 -R -Wendy Erklouts
7 -D- Marion Gagnon
7 -D -Joyce Gebhardt
7 -R -Susan Heisler
6 -R- Shirley Moore
7 -R -Angie Olson
Precinct 8
8- R -Trudi Gores, Chair
8 -D -Anne Bergquist
.8 -D- Elizabeth Olson
6 -R -Ernie Olson
8 -D -Ethel Pettman
'4 -R -Jim Roberts
8 -D -Ralph Saline
8 -R- William Zieska
8 -R -Eva Tobias
MAKE A DIFFERENCE DAY
lob
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a • �
a July 17. 1996
x
0 a Dear Mayor.
DOING GOOD
t As cities face increasingly complex problems. communities arc finding new value in volunteers.
..........
For this reason Make A Difference Day quickly is becoming an annual tradition across the
United States. Last year hundreds of mayors issued proclamations supporting Make A Difference
Day,
JUDGES
RICHARD DREYFUSS The idea is simple: We ask Americans to devote the fourth Saturday of October - Make A
Actor, Co-founder L.A. Works
Difference Day - to helping others. Nearly one million citizens respond. In one day. homes an
ROBERT K. GOODWIN painted. graffiti is removed, flowers are planted, and countless lives are improved. This year's
President and CEO.
Points of Light Foundation Make A Difference Day is October 26th. Volunteer Centers in many communities arc now
NAOMIJUDO planning projects. This national day of doing good is sponsored by USA WEEKEND magazine
Sin and its forty million readers. in partnership with The Points of Light Foundation and a network
American Liver Foundation of five hundred
Spokesperson Volunteer Centers.
PAUL NEWMAN
Founder and President, USA WEEKEND and Newman's Own Inc.. will donate $120.000 to honor projects that best
Newman 's Own' Inc. exemplify the spirit of Make A Difference Day. Sixty honorees will be presented with $2.000
CAPT. SCOTT O'GRADY each. Representatives from 10 projects will attend an awards luncheon in Washington. D.C..
U.S. Air Force Reserves
Heroic F -16 Pilot &Author next April during the 24th annual National Volunteer Week, coordinated each year by The Points
CRISTINA SARALEGUI of Light Foundation.
-
Talk Show Host
We need your support and example. We are asking you to sign a proclamation declaring this
MARCIA BULLARD October 26th "Make A Difference Dav' in your city. We are also asking you. your family and
Editor. USA WEEKEND
your staff to become involved in a Make A Difference Day project. Your participation in
Make A Difference Day will inspire many others and will offer you a great opportunity for
EMERITUS JUDGES positive publicity.
MAYA ANGELOU Enclosed please find a brochure about Make A Difference Day, a sample proclamation and a list
HENRY CISNEROS offering ideas for how you can become effectively involved in Make A Difference Day in your
MICHAEL EISNER community. Please contact The Points of Light Foundation if you would like to know which
CHARLAYNE HUNTER -GAULT newspaper in your area carries USA WEEKEND magazine and/or find out about Volunteer
KATHIE LEE GIFFORD Centers
and projects in your area.
WHOOPIGOLDBERG
LOU GOSSETT JR. Barbara Lohman at The Points of Light Foundation at (202) 223 -9186 ext. 139 is available to
EDWARD JAMES OLMOS answer questions from you and your staff.
ALVIN POUSSAINT
ANDREW SHUE Thank you for your consideration.
RANDY TRAVIS
KRISTI YAMAGUCHI - -
Sincerely,
Cn .,
Marcia Bullard Robert K. Goodwin
Editor President and Chief Executive Officer
USA WEEKEND The Points of Light-Foundation
enclosures
USA WEEKEND 1000 Wilson Boulevard Arlington, VA 22229 (703) 276 -6445 FAX (703) 276 -5518
POINTS OF LIGHT FOUNDATION 1737 H Street. N.W. Washington, D.C. 20006 (202) 223 -9186 FAX (202x223 -9256
• PROCLAMATION
DECLARING OCTOBER 26 1996 AS MAKE A DIFFERENCE DAY
WHEREAS, the foundation of a humane and just society is the people's willingness to work
together for the common good; and
WHEREAS, our country's volunteer force of 89.2 million people is a great treasure; and
WHEREAS, self - sacrificing individuals mobilized to help others can stem the tide of poverty,
hunger, homelessness, spouse and child abuse, and other problems that afflict
society; and
WHEREAS, the giving of oneself in service to another empowers the giver and the recipient;
and
WHEREAS, it is the duty of all our citizens to search out opportunities to make a difference in
the lives of those around them and dedicate time and resources to the betterment
of their community; and
WHEREAS, USA WEEKEND is working in partnership with The Points of Light Foundation
to promote a national day of doing good.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby proclaim October 26, 1996, as Make A Difference Day in the City of
Brooklyn Center and urge my fellow citizens to observe this day by joining with friends, fellow
employees, and relatives, with religious, school, and civic groups to engage in projects benefiting
their community.
Date Mayor
Attest:
City Clerk
a
V/J V
Y
•
Memorandum
To: Michael J. McCauley, City Manager
From: Tom Bublitz, Community Development Specialist
Date: August 7, 1996
Subject: Resolution Authorizing Mayor and City Manager to Execute Third Party
Agreements for the 1996 Urban Hennepin County Community Development
Block Grant Program
This is a housekeeping resolution for the 1996 Community Development Block Grant program.
The resolution would authorize the City to enter into formal agreements with the implementing
agencies for Community Development Block Grant (CDBG) activities for 1996, which covers
the period from July 1996 through December 1997.
These agreements are executed as part of each funding cycle for the Urban Hennepin County
CDBG program and are between the City and the implementing agencies (EDA and Senior
Community Services). The EDA serves as the implementing agency for the scattered site
• acquisition program, which purchases blighted properties and markets the lots for redevelopment
under the slum and blight clearance provisions of the CDBG program. Senior Community
Services, Inc., provides minor home repair for persons 60 years of age or older as part of the
Household Outside Maintenance for the Elderly (H.O.M.E.) program.
•
• Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE
THIRD PARTY AGREEMENTS FOR THE 1996 URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City Council of the City of Brooklyn Center has authorized a Subrecipient
Agreement with Hennepin County for the 1996 Urban Hennepin County Community Development
Block Grant program; and
WHEREAS, the Economic Development Authority in and for the City of Brooklyn
Center and Senior Community Services, Inc., serve as providers of Community Development Block
Grant activities in the City of Brooklyn Center.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that its Mayor and City Manager are hereby authorized to execute third party
agreements between the City of Brooklyn Center, the Economic Development Authority in and for
the City of Brooklyn Center and Senior Community Services, Inc., for the purpose of implementing
1996 Community Development Block Grant activities.
Date Mayor
ATTEST:
City Clerk
The motion for 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.
•
• THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the CITY /IES executing this
Master Agreement, each, hereinafter referred to as "City," and Senior Community Services,
hereinafter referred to as "Provider," 10709 Wayzata Boulevard, Minnetonka, MN 55305:
WITNESSETH:
WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community
Development Block Grant Program (CDBG) by virtue of a Joint Cooperation Agreement
effective October 1, 1993 and executed between the City and Hennepin County pursuant to
MSA 471.59; and
WHEREAS, the City. executed a Subrecipient Agreement with Hennepin County effective
July 1, 1996 which. allocates funds from the Fiscal Year 1996 Urban Hennepin County CDBG
Program for the purpose of supporting the activities as set forth in Exhibit 1 to this Agreement,
hereinafter referred to as "Activities."
NOW THEREFORE, in consideration of the mutual covenants and promises contained in this
Agreement, the parties hereto mutually agree to the following terms and conditions:
• 1. SCOPE OF SERVICES
A. Provider agrees to carry out Activities for the City as described in Exhibit 1,
subject , to the requirements of this Agreement and the stipulations and
requirements set forth in Exhibit 1.
B. Provider shall take all necessary actions required to implement Activities and to
comply with any related requests by the City, it being understood that the City is
responsible to Hennepin County for ensuring compliance with such requirements.
Provider also will promptly notify the City of any changes in the scope or
character of the Activities.
2. TERM OF AGREEMENT
The effective date of this Agreement is July 1, 1996. The termination date of this
Agreement is December 31, 1997, or at such time as the Activities are satisfactorily
completed prior thereto. Upon expiration, Provider shall relinquish to the City all program
funds unexpended or uncommitted for the Activities.
3. NON - ASSIGNMENT
Provider shall not assign, subcontract, transfer, or pledge this Agreement and /or the
Activities to be performed hereunder, whether whole or in part, without the prior
• consent of the City.
4. AMENDMENTS TO AGREEMENT
An material alterations, Y e aUons, variations, modifications, or waivers of the provisions of this
Agreement shall only be valid when reduced to writing as an Amendment to this
Agreement signed, approved and properly executed by the authorized representatives
of the parties. All Amendments to this Agreement shall be made a part of this
Agreement by inclusion as a numbered Exhibit, which shall be attached at the time of
any Amendment.
Substantial change is defined as a change in (1) beneficiary; (2) project location; (3)
purpose; or (4) scope, (more than a 50% increase or decrease in the original budget or
$10,000, whichever is greater), in any authorized Activity. The total budget of
multicommunity activities will be used in determining substantial change.
5. PAYMENT OF CDBG FUNDS
The City agrees to provide Provider with CDBG funds not to exceed the budget as
described in Exhibit 1, to enable Provider to carry out the Activities. It is understood
that the City shall be held accountable to Hennepin County for the lawful expenditure
of CDBG funds under this Agreement. The City shall, therefore, make no payment of
funds to Provider and draw no funds from Hennepin County on behalf of Provider prior
to having received from Provider a request for reimbursement, including copies of all
documents and records needed to ensure that Provider has complied with all appropriate
regulations and requirements.
6. INDEMNITY AND INSURANCE
A. Provider does hereby agree to release, indemnify, and hold harmless the City from
and against all costs, expenses, claims, suits, or judgments arising from or
growing out of any. injuries, loss, or damage sustained by any person or
corporation, including employees of Provider and property of Provider, which are
caused by or sustained in connection with the tasks carried out by Provider under
this Agreement.
B. Provider does further agree that, in order to protect itself as well as the City under
the indemnity agreement provisions hereinabove set forth, it will at all times during
the term of this Agreement and any renewal thereof have and keep in force: a
single limit or combined limit or excess umbrella commercial and general liability
insurance policy of an amount of not less than $ 1,000,000 for property damage
arising from one occurrence, $1,000,000 for damages arising from death and /or
total bodily injuries arising from one occurrence, and $1,000,000 for total personal
injuries arising from one occurrence. Such policy shall also include contractual
liability coverage protecting the City, its officers, agents, and employees.by a
certificate acknowledging this Agreement between Provider and the City.
•
2
® 7. CONFLICT OF INTEREST
A. In the procurement of supplies, equipment, construction, and services by Provider,
the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A -1 10 shall
apply.
B. In all other cases, the provisions of 24 CFR 570.611 shall apply.
8. DATA PRIVACY
Provider agrees to abide by the provisions of the Minnesota Government Data Practices
Act and all other applicable state and federal laws, rules, and regulations relating to data
privacy or confidentiality, and as any of the same may be amended. Provider agrees to
defend and hold the City, its officers, agents, and employees harmless from any claims
resulting from Provider's unlawful disclosure and /or use of such protected data.
9. SUSPENSION AND TERMINATION
A. If Provider materially fails to comply with any term of this Agreement or so fails
to administer the work as to endanger the performance of this Agreement, this
shall constitute noncompliance and a default. Unless Provider's default is excused
by the City, the City may take one or more of the actions prescribed in 24 CFR
85.43, including the option of immediately cancelling this Agreement in its
entirety.
• B. The City's failure to insist upon strict performance of any provision or to exercise
any right under this Agreement shall not be deemed a relinquishment waiver of
the same. Such consent shall not constitute a general waiver or relinquishment
throughout the entire term of the Agreement.
C. This Agreement may be cancelled with or without cause by either party upon 30
days written notice according to the provisions in 24 CFR 85.44.
D. CDBG funds allocated to Provider under this Agreement may not be obligated or
expended by Provider following such date of termination. Any funds allocated to
Provider under this Agreement which remain unobligated or unspent following
such date of termination shall automatically revert to the City.
10. REVERSION OF ASSETS
Upon expiration or termination of this Agreement, Provider shall transfer to the City any
CDBG funds on hand or in the accounts receivable attributable to the use of CDBG
funds, including CDBG funds provided to Provider in the form of a loan. Any real
property acquired or improved, in whole or in part, using CDBG funds in excess of
525,000 shall either be:
A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for
• the general conduct of government until:
3
(1) For units of general local government, five years from the date that the unit
of general local government is no longer considered by HUD to be a part of
Urban Hennepin County,
(2) For any other Provider, five years after expiration of this Agreement; or
B. Not used in accordance with A. above, in which event Provider shall pay to the
City an amount equal to the current market value of the property less any portion
of the value attributable to expenditures of non -CDBG funds for acquisition of, or
.improvement to, the property. The payment is program income to the City. No
payment is required after the period of time specified in A. above.
11. PROCUREMENT
Provider shall be responsible for procurement of all supplies, equipment, services, and
construction necessary for implementation of the Activities. Procurement shall be
carried out in accordance with the requirements of 24 CFR Part 85, and OMB Circulars
A -110, A -122, as applicable. Provider shall prepare, or cause to be prepared, all
advertisements, negotiations, notices, and documents; enter into all contracts; and
conduct all meetings, conferences, and interviews, as necessary, to ensure compliance
with the above described procurement requirements.
12. ACQUISITION, RELOCATION AND DISPLACEMENT
• A. Provider shall be responsible for carrying out all acquisitions of real property
necessary for implementation of Activities. Provider shall conduct all such
acquisitions in its name and shall hold title to all real peoperty purchased. Provider
shall be responsible for preparation of all notices, appraisals, and documentation
required in conducting acquisition under the latest applicable regulations of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of
the CDBG Program. Provider shall also be responsible for providing all relocation
notices, counseling, and services required by said regulations.
B. Provider shall comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as required under 24 CFR 570.606(a) and HUD implementing regulations at 24
CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential
anti- displacement and relocation assistance plan under section 104(d) of the
Housing and Community Development Act of 1974 (the Act); the relocation
requirements of 24 CFR 570.606(c) governing displacement subject to Section
104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional
relocation assistance under Section 105(a)(11) of the Act, as pertaining to the
Activities.
4
13. ENVIRONMENTAL REVIEW
Provider shall rovide all necessary ssary information and relevant documents to the City to
enable the City and Hennepin County to maintain the environmental review record on
all Activities.
14. LABOR STANDARDS EMPLOYMENT AND CONTRACTING
The City shall be responsible for the preparation of all requests to Hennepin County for
HUD wage rate determinations on Activities. The Provider shall notify the City prior to
initiating Activity, including advertising for contractual services, which will include costs
likely to be subject to the provisions of Federal Labor Standards and Equal Employment
Opportunity and related implementing regulations.
15. PROGRAM INCOME
Any program income generated as a result of any Activities shall be forwarded
immediately to the City upon receipt by Provider and the provisions of 24 CFR 570.504
shall apply.
16. USE OF REAL PROPERTY
The following standards shall apply to real property acquired or improved through
Activities, in whole or in part, using CDBG funds:
A. Provider shall inform the City at least 30 days prior to any modification or change
9
in the use of the real property from that planned at the time of acquisition or
improvements, including disposition.
B. Provider shall reimburse the City in an amount equal to the current fair market
value (less any portion thereof attributable to expenditures of non -CDBG funds)
of property acquired or improved with CDBG funds that is sold or transferred for
a use which does not qualify under the CDBG regulations. Said reimbursement
shall be provided to the City at the time of sale or transfer of the property. Such
reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i)
are met and satisfied. Fair market value shall be established by a current written
appraisal by a qualified appraiser. The City will have the option of requiring a
second appraisal after review of the initial appraisal.
17. ADMINISTRATIVE REQUIREMENTS
The uniform administrative requirements delineated in 24 CFR 570.502 and any and all
administrative requirements or guidelines promulgated by Hennepin County shall apply
to all Activities undertaken by Provider as provided in this Agreement and to any
program income generated therefrom.
5
18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY
A. During he performance of this Agreement, Provider s o f 1
9 P g agree t the following: In
accordance with the Hennepin County Affirmative Action Policy and the County
Commissioners' Policies Against Discrimination, no person shall be excluded from
full employment rights or participation in, or the benefits of, any program, service
or activity on the grounds of race, color, creed, religion, age, sex, disability,
marital status, affectional /sexual preference, public assistance status, ex- offender
status, or national origin; and no person protected by applicable federal or state
laws against discrimination shall otherwise be subjected to discrimination.
B. Provider will furnish all information and reports required to comply with the
provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and
regulations pertaining to discrimination and equal opportunity.
19. NON - DISCRIMINATION BASED ON DISABILITY
A. Provider phall comply with ,Section 504 of the Rehabilitation Act of 1973, as
amended, to ensure that no otherwise qualified individual with a handicap, as
defined in Section 504, shall, solely by reason of his or her handicap, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
by Provider receiving assistance from the City under Section 106 and /or Section
108 of the Housing and Community Development Act of 1974, as amended.
B. When and where applicable, Provider shall comply with Public Law 101 -336
Americans With Disabilities Act of 1990, Title I "Employment, " 11 "Public
Services" - Subtitle A, and Title III "Public Accommodations and Services
Operated By Private Entities" and all ensuing federal regulations implementing said
Act.
20. LEAD -BASED PAINT
Provider shall comply with the Lead -Based Paint notification, inspection, testing and
abatement procedures established in 24 CFR 570.608.
21. FAIR HOUSING
Provider shall be prohibited from receiving CDBG funds for Activities subject to this
Agreement if it impedes actions taken by the City to comply with the City's fair housing
certification.
22. LOBBYING
A. No federal appropriated funds have been paid or will be paid, by or on behalf of
Provider,: to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
• awarding of any federal contract, the making of any federal grant,: the making of
6
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement Provider will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
23. OTHER CDBG POLICIES
Provider shall comply with the general condition of 24 CFR 570.200, particularly
sections: (b) Special policies governing facilities; (f) Means of carrying out eligible
activities; and (j) Constitutional prohibitions concerning church /state activities.
24. TECHNICAL ASSISTANCE
The City agrees to provide technical assistance to Provider in the form of oral and /or
written guidance and on -site assistance regarding CDBG procedures and project
management. This.assistance will be provided as requested by Provider, and at other
times at the initiative of the City when new or updated information concerning the CDBG
Program is received by the City from Hennepin County and deemed necessary to be
provided to Provider.
25. RECORD - KEEPING AND ACCESS TO RECORDS
Provider shall maintain records for the receipt and expenditure of all CD funds it
receives, such records to be maintained in accordance with OMB Circular A -1 10 and A-
122, as applicable. All records shall be made available upon request of the City for
monitoring by the City. The City shall have authority to review any and all procedures
and all materials, notices, documents, etc., prepared by Provider in implementation of
the Activities and Provider agrees to provide all information required by-any person
authorized by the City to request such information from Provider for the purpose of
reviewing the same.
26. AUDIT
A. Provider agrees to provide City or Hennepin County with an annual -audit report
consistent with the provisions of OMB Circular A -1 10 Uniform Requirements for
Grants to Universities, Hospitals and Non - Profit Organizations, OMB Circular A-
122 Cost Principles for Non - Profit Organizations, and OMB Circular A -133 Audits
of Institutions of Higher Education and Other Non- Profit.lnstitutioris.
(1) The audit report is to be provided to City or Hennepin County on July 1 of
each year this Agreement is in effect and any findings of non - compliance
7
affecting the use of CDBG funds shall be satisfied by Provider within 6
months of the provision date.
(2) The audit is not required, however, in those instances where less than
$25,000 in assistance is received from all federal sources in any one fiscal
year.
(3) The cost of the audit is not reimbursable from CDBG funds.
(4) City reserves the right to recover from Provider the full amount of any CDBG
funds found to be improperly expended or otherwise disallowed.
B. Provider's assurance and certification regarding its financial management system
is attached hereto as Exhibit 2 and incorporated herein by reference.
8
i CITY EXECUTION
! The City of having duly approved this Agreement on 1995,
and pursuant to such approval and the proper city officials having signed this Agreement, the
city agrees to be bound by the provisions herein set forth.
Upon proper execution, this Agreement will be legally valid and binding.
Dated: 1995 CITY OF
STATE OF MINNESOTA
By
Its Mayor
And
Its
Attest:
. Title;
SENCOMMSVCS
•
9
PROVIDER EXECUTION
Provider, having signed this Agreement and the City having duly approved this
Agreement, and pursuant to such approval and the proper officials having signed this
Agreement, Provider agrees to be bound by the provisions of this Agreement.
Dated: 1995 PROVIDER:
By
Its
And
Its
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was 9 9 sack acknowledged before me this day of
1995, by and , the
and the of , a Minnesota _
on behalf of said
Notary Public
• SENCOMMSVCS
10
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT
• BLOCK GRANT PROGRAM
EXHIBIT 1
The City /ies, as identified in this Exhibit, will provide the Provider with Urban Hennepin
County Community Development Block Grant funds in the not -to- exceed amount indicated
to assist Provider in funding the activity /ies in the amount and under the stipulations
individually specified in the Project Description /Projected Use of Funds attached hereto:
Brooklyn Center $6,000.00 Minnetonka $14,600.00
Eden Prairie $10,067.00 Minnetrista $2,872.00
Deephaven $2,600.00 Mound $8,025.00
Edina $18,937.00 Richfield $22,700.00
Excelsior $3,305.00 Rockford $1,800.00
Greenfield $1,006.00 Shorewood $3,497.00
Greenwood $600.00 Spring Park $1,370.00
Independence $2,000.00 Tonka Bay $1,300.00
• Long Lake $1,873.00 Wayzata $2,860.00
Loretto $ 773.00
U: \CDBG 1996 \AGREEMNT\3RDPARTY \SCS.EX
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
EXHIBIT 2
ASSURANCE AND CERTIFICATION
In connection with our responsibilities to manage the Fiscal Year 1996 Community
Development Block Grant (CDBG) program funds that have been provided to our organization,
we certify and d assure that we are in compliance with the financial an
p standards set forth in
Federal Office of Management and Budget (OMB) Circular A -1 10 (Attachments F and G).
Specifically, our organization's financial management system provides for the following:
1. Accurate, current, and complete disclosure of the financial results of each federally
sponsored project or program in accordance with the reporting requirements set forth in
OMB Circular A -1 10, Attachment G (Financial Reporting Requirements).
2. Records that identify adequately the source and application of funds for federally
sponsored activities. These records contain information pertaining to federal awards,
authorizations, obligations, unobligated balances, assets, outlays, and income.
3. , Effective control over and accountability far all funds, property, and other assets. These
assets are adequately safeguarded and are used solely for authorized purposes.
4. Comparison of actual outlays with budget amounts for each grant or other agreement
and, whenever appropriate or required, comparisons of financial information with
performance and unit cost data.
5. Procedures to minimize the elapsed time between the transfer of funds from the county
to our organization and the disbursement of funds by our organization.
6. Procedures for determining the reasonableness, allowability, and allocability of costs in
accordance with the rovisions of the applicable federal cost principles P p a nc les and the terms o f
P P P
the grant or other agreement.
7. Accounting records that are supported by source documentation.
8. Annual audits by a firm of independent certified public accountants to ascertain the
effectiveness of the financial management systems and internal procedures that we have
established to meet the terms and conditions of the federal grants and other agreements.
The audits are conducted on an organization-wide basis and include an appropriate
9
sampling of federal agreements.
9. A systematic method to assure timely and appropriate resolution of audit findings and
• recommendations.
10. Organizations (subrecipients) that receive CDBG funds from us are required to comply
with the financial management standards set forth in this certification.
This assurance and certification is given in connection with any and all CDBG funds received
after the date this form is signed. This includes payments after such date for financial
assistance approved before such date. The undersigned recognizes and agrees that any such
assistance will be extended in reliance on the representations and agreements made in this
assurance. This assurance and certification is binding on this organization, its subrecipients,
and on the authorized official whose signature appears below.
Date:
Organization Name
By Chief Financial Officer
U: \CDBG 1996 \AGREEMNn3RDPARTY\EXHIBIT2.PRM
i
•
• THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT made and entered into by and between the CITY /IES executing this
Master Agreement, each, hereinafter referred to as "City," and Brooklyn Center Economic
Development Authority, hereinafter referred to as "Provider," 6301 Shingle Creek Parkway,
Brooklyn Center, MN 55430:
WITNESSETH:
WHEREAS, the City is a cooperating unit in the Urban Hennepin County Community
Development Block Grant Program (CDBG) by virtue of a Joint Cooperation Agreement
effective October 1, 1993 and executed between the City and Hennepin County pursuant to
MSA 471.59; and
WHEREAS, the City executed a Subrecipient Agreement with Hennepin County effective
July 1, 1996 which allocates funds from the Fiscal Year 1996 Urban Hennepin County CDBG
Program for the purpose of supporting the activities as set forth in Exhibit 1 to this Agreement,
hereinafter referred to as "Activities."
NOW THEREFORE, in consideration of the mutual covenants and promises contained in this
Agreement, the parties hereto mutually agree to the following terms and conditions:
1. SCOPE OF SERVICES
A. Provider agrees to carry out Activities for the City as described in Exhibit 1,
subject to the requirements of this Agreement and the stipulations and
requirements set forth in Exhibit 1.
B. Provider shall take all necessary actions required to implement Activities and to
comply with any related requests by the City, it being understood that the City is
responsible to Hennepin County for ensuring compliance with such requirements.
Provider also will promptly notify the City of any changes in the scope or
character of the Activities.
2. TERM OF AGREEMENT
The effective date of this Agreement is July 1, 1996. The termination date of this
Agreement is December 31, 1997, or at such time as the Activities are satisfactorily
completed prior thereto. Upon expiration, Provider shall relinquish to the City all
program funds unexpended or uncommitted for the Activities.
3. NON - ASSIGNMENT
Provider shall not assign, subcontract, transfer, or pledge this Agreement and /or the
Activities to be performed hereunder, whether whole or in part, without the prior
S consent of the City.
4. AMENDMENTS TO AGREEMENT
Any material alterations, variations, modifications, or waivers of the provisions of this
Agreement shall only be valid when reduced to writing as an Amendment to this
Agreement signed, approved and properly executed by the authorized representatives
of the parties. All Amendments to this Agreement shall be made a part of this
Agreement by inclusion as a numbered Exhibit, which shall be attached at the time of
any Amendment.
Substantial change is defined as a change in (1) beneficiary; (2) project location; (3)
purpose; or (4) scope (more than a 50% increase or decrease in the original budget
or $10,000, whichever is greater) in any authorized Activity. The total budget of multi -
community activities will be used in determining substantial change.
5. PAYMENT OF CDBG FUNDS
The City agrees to provide Provider with CDBG funds not to exceed the budget as
described in Exhibit 1, to enable Provider to carry out the Activities. It is understood
that the City shall be held accountable to Hennepin County for the lawful expenditure
of CDBG funds under this Agreement. The City shall, therefore, make no payment of
funds to Provider and draw no funds from Hennepin County on behalf of Provider prior
to having received from Provider a request for reimbursement, including copies of all
documents and records needed to ensure that Provider has complied with all
appropriate regulations and requirements.
6. INDEMNITY AND INSURANCE
A. Provider does hereby agree to release, indemnify, and hold harmless the City
from and against all costs, expenses, claims, suits, or judgments arising from or
growing out of any injuries, loss, or damage sustained by any person or
corporation, including employees of Provider and property of Provider, which are
caused by or sustained in connection with the tasks carried out by Provider under
this Agreement.
B. Provider does further agree that, in order to protect itself as well as the City under
the indemnity agreement provisions hereinabove set forth, it will at all times during
the term of this agreement and any renewal thereof have and keep in force: a
single limit or combined limit or excess umbrella commercial and general liability
insurance policy of an amount not less than $600,000 for property damage arising
from one occurrence, $600,000 for damages arising from death and /or total bodily
injuries arising from one occurrence, and $600,000 for total personal injuries
arising from one occurrence. Such policy shall also include contractual liability
coverage protecting the City, its officers, agents and employees by a certificate
acknowledging this Agreement between Provider and the City.
2
7. CONFLICT OF INTEREST
• A. In the rocurement of supplies, equipment, construction and services b Provider
P PP Y
the conflict of interest provisions in 24 CFR 85.36 and OMB Circular A -1 10 shall
apply.
B. In all other cases, the provisions of 24 CFR 570.611 shall apply.
8. DATA PRIVACY
Provider agrees to abide by the provisions of the Minnesota Government Data Practices
Act and all other applicable state and federal laws, rules, and regulations relating to data
privacy or confidentiality, and as any of the same may be amended. Provider agrees to
defend and hold the City, its officers, agents, and employees harmless from any claims
resulting from Provider's unlawful disclosure and /or use of such protected data.
9.
SUSPENSION AND TERMINATION
A. If Provider materially fails to comply with any term of this Agreement or so fails
to administer the work as to endanger the performance of this Agreement, this
shall constitute noncompliance and a default. Unless Provider's default is excused
by the City, the City may take one or more of the actions prescribed in 24 CFR
85.43, including the option of ;immediately cancelling this Agreement in its
entirety.
• B. The City's failure to insist upon strict performance of any provision or to exercise
any right under this Agreement shall not be deemed a relinquishment or waiver of
the same. Such consent shall not constitute a general waiver or relinquishment
throughout the entire term of the Agreement.
C. This Agreement may be cancelled with or without cause by either party upon 30
days written notice according to the provisions in 24 CFR 85.44.
D. CDBG funds allocated to Provider under this Agreement may not be obligated or
expended by Provider following such date of termination. Any funds allocated to
Provider under this Agreement which remain unobligated or unspent following
such date of termination shall automatically revert to the City.
10. REVERSION OF ASSETS
Upon expiration or termination of this Agreement, Provider shall transfer to the City any
CDBG funds on hand or in the accounts receivable attributable to the use of CDBG
funds, including CDBG funds provided to Provider in the form of a loan. Any real
property acquired or improved, in whole or in part, using CDBG funds in excess of
$25,000 shall either be:
A. Used to meet one of the national objectives in 24 CFR 570.208 and not used for
the general conduct of government until:
3
• (1) For units of general local government, five years from the date that the unit
of general local government is no longer considered by HUD to be a part of
Urban Hennepin County,
(2) For any other Provider, five years after expiration of this Agreement; or
B. Not used in accordance with A. above, in which event Provider shall pay to the
City an amount equal to the current market value of the property less any portion
of the value attributable to expenditures of non -CDBG funds for acquisition of, or
improvement to, the property. The payment is program income to the City. No
payment is required after the period of time specified in A. above.
11. PROCUREMENT
Provider shall be responsible for procurement of all supplies, equipment, services, and
construction necessary for implementation of the Activities. Procurement shall be
carried out in accordance with the requirements of 24 CFR Part 85, and OMB Circulars
A -110, A -122, as applicable. Provider shall prepare, or cause to be prepared, all
advertisements, negotiations, notices, and documents; enter into all contracts; and
conduct all meetings, conferences, and interviews, as necessary, to ensure compliance
with the above described procurement requirements.
12. ACQUISITION RELOCATION AND DISPLACEMENT
• A. Provider shall be responsible ;for carrying out all acquisitions of real property
necessary for implementation of Activities. Provider shall conduct all such
acquisitions in its name and shall hold title to all real property purchased. Provider
shall be responsible for preparation of all notices, appraisals, and documentation
required in conducting acquisition under the latest applicable regulations of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and of
the CDBG Program. Provider shall also be responsible for providing all relocation
notices, counseling, and services required by said regulations.
B. Provider shall comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as required under 24 CFR 570.606(a) and HUD implementing regulations at 24
CFR Part 42; the requirements in 24 CFR 570.606(b) governing the residential
anti- displacement and relocation assistance plan under section 104(4) of the
Housing and Community Development Act of 1974 (the Act); the relocation
requirements of 24 CFR 570.606(c) governing displacement subject to Section
104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional
relocation assistance under Section 105 (a)(1 1) of the Act, as pertaining to the
Activities.
•
4
13. ENVIRONMENTAL REVIEW
• Provider shall rovide all necessary cessary information and relevant documents to the City to
enable the City and Hennepin County to maintain the environmental review record on
all Activities.
14. LABOR STANDARDS EMPLOYMENT AND CONTRACTING
The City shall be responsible for the preparation of all requests to Hennepin County for
HUD wage rate determinations on Activities. The Provider shall notify the City prior to
initiating Activity, including advertising for contractual services, which will include costs
likely to be subject to the provisions of Federal Labor Standards and Equal Employment
Opportunity and related implementing regulations.
15. PROGRAM INCOME
Any program income generated as a result of any Activities shall be forwarded
immediately to the City upon receipt by Provider and the provisions of 24 CFR 570.504
shall apply.
16. USE OF REAL PROPERTY
The following standards shall apply to real property acquired or improved through
Activities, in whole or in part, using CDBG funds:
A. Provider shall inform the City at least 30 days prior to any modification or change
in the use of the real property from that planned at the time of acquisition or
improvements, including disposition.
B. Provider shall reimburse the City in an amount equal to the current fair market
value (less any portion thereof attributable to expenditures of non -CDBG funds)
of property acquired or improved with CDBG funds that is sold or transferred for
a use which does not qualify under the CDBG regulations. Said reimbursement
shall be provided to the City at the time of sale or transfer of the property. Such
reimbursement shall not be required if the conditions of 24 CFR 570.503(b)(8)(i)
are met and satisfied. Fair market value shall be established by a current written
appraisal by a qualified appraiser. The City will have the option of requiring a
second appraisal after review of the initial appraisal.
17. ADMINISTRATIVE REQUIREMENTS
The uniform administrative requirements delineated in 24 CFR 570.502 and any and all
administrative requirements or guidelines promulgated by Hennepin County shall apply
to all Activities undertaken by Provider as provided in this Agreement and to any
program income generated therefrom.
5
18. AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY
A. During he performance of this Agreement, Provider agrees to the following: In
9 P 9 � 9 9
accordance with the Hennepin County Affirmative Action Policy and the County
Commissioners' Policies Against Discrimination, no person shall be excluded from
full employment rights or participation in, or the benefits of, any program, service
or activity on the grounds of race, color, creed, religion, age, sex, disability,
marital status, affectional /sexual preference, public assistance status, ex- offender
status, or national origin; and no person protected by applicable federal or state
laws against discrimination shall otherwise be subjected to discrimination.
B. Provider will furnish all information and reports required to comply with the
provisions of 24 CFR Part 570 and all applicable state and federal laws, rules, and
regulations pertaining to discrimination and equal opportunity.
19. NON- DISCRIMINATION BASED ON DISABILITY
A. Provider shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, to ensure that no otherwise qualified individual with a handicap, as
defined in Section 504, shall, solely by reason of his or her handicap, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination
by Provider receiving assistance from the City under Section 106 and /or Section
108 of the Housing and Community Development Act of 1974, as amended.
B. When and where applicable, Provider shall comply with Public Law 101 -336
Americans With Disabilities Act of 1990, Title I "Employment," Title II "Public
Services" - Subtitle A, and Title III "Public Accommodations and Services
Operated By Private Entities" and all ensuing federal regulations implementing said
Act.
20. LEAD -BASED PAINT
Provider shall comply with the Lead -Based Paint notification, inspection, testing and
abatement procedures established in 24 CFR 570.608.
21. FAIR HOUSING
Provider shall be prohibited from receiving CDBG funds for Activities subject to this
Agreement if it impedes actions taken by the City to comply with the City's fair housing
certification.
22. LOBBYING
A. No federal appropriated funds have been paid or will be paid, by or on behalf of
Provider, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
6
any federal loan, the entering into of any cooperative agreement, and the
• extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement Provider will complete and submit Standard
Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
23. OTHER CDBG POLICIES
Provider shall comply with the general condition of 24 CFR 570.200, particularly
sections: (b) Special policies governing facilities; (f) Means of carrying out eligible
activities; and (j) Constitutional prohibitions concerning church /state activities.
24. TECHNICAL ASSISTANCE
The City agrees to provide technical assistance to Provider in the form of oral and /or
written guidance and on -site assistance regarding CDBG procedures and project
management. This assistance will be provided as requested by Provider, and at other
times at the initiative of the City when new or updated information concerning the CDBG
Program is received by the City from Hennepin County and deemed necessary to be
provided to Provider.
25. RECORD - KEEPING AND ACCESS TO RECORDS
Provider shall maintain records for the receipt and expenditure of all CDBG funds it
receives, such records to be maintained in accordance with OMB Circular A -1 10 and A-
122, as applicable. All records shall be made available upon request of the City for
monitoring by the City. The City shall have authority to review any and all procedures
and all materials, notices, documents, etc., prepared by Provider in implementation of
the Activities and Provider agrees to provide all information required by any person
authorized by the City to request such information from Provider for the purpose of
reviewing the same.
26. AUDIT
A. Provider agrees to provide City or Hennepin County with an annual audit report
consistent with the provisions of OMB Circular A -1 10 Uniform Requirements for
Grants to Universities, Hospitals and Non- Profit Organizations, OMB Circular A-
122 Cost Principles for Non - Profit Organizations, and OMB Circular A -133 Audits
of Institutions of Higher Education and Other Non- Profit Institutions.
(1) The audit report is to be provided to City or Hennepin County on July 1 of
each year this Agreement is in effect and any findings of non - compliance
• 7
• affecting the use of CDBG funds shall be satisfied by Provider within 6
months of the provision date.
(2) The audit is not required, however, in those instances where less than
$25,000 in assistance is received from all federal sources in any one fiscal
year:
(3) The cost of the audit is not reimbursable from CDBG funds.
(4) City reserves the right to recover from Provider the full amount of any CDBG
funds found to be improperly expended or otherwise disallowed.
B. Provider's assurance and certification regarding its financial management system
is attached hereto as Exhibit 2 and incorporated herein by reference.
CITY EXECUTION
• The City of having duly approved this Agreement on 1995,
and pursuant to such approval and the proper city officials having signed this Agreement, the
city agrees to be bound by the provisions herein set forth.
Upon proper execution, this Agreement will be legally valid and binding.
Dated: 1995 CITY OF
STATE OF MINNESOTA
By
Its Mayor
And
Its
Attest:
Title:
BCEDA
9
THIRD PARTY AGREEMENT
URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
• EXHIBIT 1
The City /ies, as identified in this Exhibit, will provide the Provider with Urban Hennepin
County Community Development Block Grant funds to assist Provider in funding the
activity /ies in the amount and under the stipulations individually specified in the Project
Description /Projected Use of Funds attached hereto:
Brooklyn Center $ 193,971,00
U: \CDBG 1996 \AGREEMNT\3RDPA RTY \BCEDA. EX
• a
PROVIDER EXECUTION
• Provider, having signed this Agreement and the City having duly approved this
Agreement, and pursuant to such approval and the proper officials having signed this
Agreement, Provider agrees to be bound by the provisions of this Agreement.
Dated: 1995 PROVIDER:
By
Its
And
Its
0
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
9 9 9 Y
1995, by and , the
and the of , a Minnesota
on behalf of said
Notary Public
BCEDA
• 10
MEMORANDUM
DATE: August 7, 1996
TO: Michael McCauley, City Manager
FROM: Diane Spector, Director of Public Services
SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased
Trees
The City Council by Resolution No. 96 -58 on March 11, 1996 approved plans and specifications
for Improvement Project No. 1996 -12, Contract 1996 -D, 1996 Diseased Tree Removal.
Our staff has communicated with Mn/DOT and the 19 trees marked on the property at 6601 West
River Road will be removed in an expeditious manner. No other trees in the area appear to be
diseased.
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 08/12/96 )
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
---------------------- - - - - -- ---------------------- - - - - -- -- - - - - --
• KEITH & PATRICIA OLDFATHER 7216 RIVERDALE RD 100
MN /DOT 6601 WEST RIVER RD 101
MN /DOT 6601 WEST RIVER RD 102
MN /DOT 6601 WEST RIVER RD 103
MN /DOT 6601 WEST RIVER RD 104
MN /DOT 6601 WEST RIVER RD 105
MN /DOT 6601 WEST RIVER RD 106
MN /DOT 6601 WEST RIVER RD 107
MN /DOT 6601 WEST RIVER RD 108
MN /DOT 6601 WEST RIVER RD 109
MN /DOT 6601 WEST RIVER RD 110
MN /DOT 6601 WEST RIVER RD 111
MN /DOT 6601 WEST RIVER RD 112
MN /DOT 6601 WEST RIVER RD 113
MN /DOT 6601 WEST RIVER RD 114
MN /DOT 6601 WEST RIVER RD 115
MN /DOT 6601 WEST RIVER RD 116
MN /DOT 6601 WEST RIVER RD 117
MN /DOT 6601 WEST RIVER RD 118
MN /DOT 6601 WEST RIVER RD 119
WILLIAM & DELORES MAYLAND 5618 NORTH LILAC DR 120
VINNETTE BOONE 5958 CAMDEN AVE N 72
PAULA LANHART 3135 49TH AVE N 73
LUCILLE HANGGI 3725 47TH AVE N 74
TWIN LAKES PROPERTIES 3433 53RD AVE N 75
• TWIN LAKES PROPERTIES 3433 53RD AVE N 76
ROLAND W. SMALL 6743 SCOTT AVE N 77
EDWARD KNUDSON 5547 LYNDALE AVE N 79
EDWARD KNUDSON 5547 LYNDALE AVE N 80
EDWARD KNUSDON 5547 LYNDALE AVE N 81
EDWARD KNUDSON 5547 LYNDALE AVE N 82
RESOLUTION NO.
•
EDWARD KNUDSON 5547 LYNDALE AVE N 83
EDWARD KNUDSON 5547 LYNDALE AVE N 84
EDWARD KNUDSON 5547 LYNDALE AVE N 85
EDWARD KNUDSON 5547 LYNDALE AVE N 86
EDWARD KNUDSON 5547 LYNDALE AVE N 87
TOM /ROSEMARY KIESELHORST 7254 DUPONT AVE N 88
CITY OF B.C. RIVERDALE PARK 89
T. LINDSAY /J. ELLETSON 4007 JANET LANE 90
THOMAS & SUSAN LEE 3118 61ST AVE N 91
LINDA PEPPE 6713 TOLEDO AVE N 92
DOROTHY LESCAULT 6831 SCOTT AVE N 93
KENNETH TROMBLEY 7049 PERRY AVE N 94
LLOYD & DARLA WALLACE 5652 JAMES AVE N 95
GARY BRUMMER 407 70TH AVE N 96
ROBERT & NOVELLA ZIMBRICK 6006 ALDRICH AVE N 97
CITY OF B.C. BEHIND 5842 UPTON 98
THOMAS & MARY AHERN 5901 VINCENT AVE N 99
99
2. After twenty (20) days from the date of the notice, the property
• owner(s) will receive a second written notice providing five (5)
business days in which'to contest the determination of the City
Council by requesting, in writing, a hearing. Said request shall
be filed with the City - Clerk.
3. After five (5) days, if the property owner fails to request a
hearing, the tree(s) shall be removed by the City. All removal
costs, including legal, financing, and administrative charges,
shall be specially assessed against the property.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
MEMORANDUM
•
DATE: August 7, 1996
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer
SUBJECT: Final Plat Approval - B & G Realty 1st Addition
Summary Explanation
On March 11, 1996, the City Council approved Planning Commission Application Number
95003, providing for Preliminary Plat approval that provided for the subdivision of the parcel of
land on which the Budgetel Inn, 6415 James Circle North is located, into two lots. This
subdivision provided for the subsequent site and building plan approval for a Denny's Restaurant
(Planning Commission Application No. 96004) adjacent to the hotel. As one of the conditions of
the preliminary plat approval, a portion of the James Circle North street easement needed to be
vacated. This vacation was approved by the City Council at its May 13, 1996 meeting.
Attached are past reports and minutes from previous Planning Commission and City Council
meetings. As previously discussed, the preliminary plat was approved subject to some additional
• conditions. The majority of these conditions have been fulfilled. However, approval of the final
J PP o
plat is also based on the condition that an appropriate cross access easement allowing access over
Lot 1 to Lot 2 shall be drafted and filed with the plat for this property. Final grading, drainage,
and utility plans are also subject to approval by the City Engineer.
The applicant has submitted an application, fee, and reproducible mylars as required. The
property has also been reviewed by the City Attorney.
Recommended City Council Action
Approve the final plat of B & G Realty 1 st Addition, subject to the conditions described herein.
adoption: Member introduced the following resolution and moved its
•
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT, B &G REALTY 1ST ADDITION
WHEREAS, the Brooklyn Center City Council on March 11, 1996 approved
Planning Commission Application 95003, providing preliminary plat approval for property owned
by B &G Realty, Inc.; and
WHEREAS, the property owner (applicant) has applied for Final Plat Approval as
required by the City Code; and
WHEREAS, said application has been reviewed and approved subject to conditions
as established under the preliminary plat approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. A Final Plat submitted by B &G Realty, Inc. is hereby approved by the City
f
Council, subject to the following conditions as required g db the• q Y City:
A. A driveway easement rovidin unrestricted access between Lots P g land2
be recorded separately and filed with the final plat.
B. The applicant shall enter into a standard maintenance and utility agreement
with the City.
C. Any other conditions of the City as required as part of the preliminary plat
approval.
Date Mayor
ATTEST:
City Clerk
• RESOLUTION NO.
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.
•
•
J
MEMORANDUM
DATE: May 7, 1996
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer50
SUBJECT: An Ordinance Vacating Part of Street Easement (James Circle North) in
Registered Land Survey Number 1482, Hennepin County, Minnesota
Summary Explanation
On March 11, 1996, the City Council approved Planning Commission Application No. 96003,
Preliminary Plat approval that provided for the subdivision of the parcel of land on which the
Budgetel Inn, 6415 James Circle North is located, into two lots. This subdivision provided for
the subsequent site approval of a Denny's Restaurant adjacent to the hotel (see attached plan).
As one of the conditions of the relimin plat and
building Ian approval, rov
ar3' P S p pp al, a portion of the
James Circle North street easement must be vacated. Because the roadway no longer terminates
at this location as a cul -de -sac, a large portion of the street easement/right -of -way is no .longer
needed for roadway purposes.
On March 25, 1996, the City Council conducted the first reading of the ordinance and ordered a
public hearing to be held on April 22, 1996. A notice of public hearing was published in the
City's official newspaper, and private p e utilities were also directly contacted. During this
notification process, it was determined that private utilities exist within the area ro osed to be
P P
vacated. The applicant was notified of this information and informed that as a condition of
granting a vacation, either a separate easement must be provided for the private utilities, or the
utilities must be relocated at the applicant's expense. In addition, a formal letter of application
from the property owner, along with the application fee is also required.
The public hearing was held on April 22, 1996 as scheduled. At that time, none of the required
conditions had been provided to the City. The Council therefore tabled the item and ordered re-
consideration of the issue at the May 13, 1996 Council meeting. Staff has contacted the
applicant and their engineer numerous times to submit the required conditional items so that the
Council can consider the vacation. It is our understanding that the applicant is working to
complete the necessary items prior to the Council meeting. However, at the time of this writing,
nothing has yet been received.
•
CITY OF BROOKLYN CENTER
• Notice is hereby given that a public hearing will be held on the 22
7 p.m. or as soon thereafter as may be heard at the City Hall, 6301 Shim le Cr Parkway,
to consider vacating part of a street easement (James Circle North) in Registered Land Survey
Number 1482.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO. 96 -0 5
AN ORDINANC VAC'ATTNQ peR'r OF STREET
ASFMFNT (JANfFS
SIR_ CLE_ NORTHI IN REGI STERED LAND TR_VEY NUMBER 1482.
H ENNF.Prn rnT TVTV N cOT e
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. That part of a Street Easement in Registered Land Survey Number
1482, according to the plat on file and of record thereof, Hennepin County, Minnesota,
described as follows is hereby vacated:
All that part of James Circle North, to be vacated, lying southerly and westerly of the
following described line:
Beginning at the Northeast corner of Tract A, Registered Land Survey Number 1482
according to the records on file in the Office of the Registrar of Titles, Hennepin County,
Minnesota; thence South 15 degrees 36 minutes 31 seconds West, an assumed bearing along
the west right - -way of James Circle North, a distance of 54.50 feet; thence continuing on
an extension of the westerly right -of -way of said James Circle North, a distance of 62.91 feet;
thence along a tangential curve to the east, a distance of 131.24 feet having a central angle of
88 degrees 27 minutes 53 seconds and a radius of 85.00 feet; thence South 17 degrees 07
minutes 48 seconds West, a distance of 17.74 feet too the south right -of -way line of James
Circle and there terminating.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this 13th day of May , 1996. L'
ATTEST: fy1`' u �� Mayor
City Clerk
Date of Publication apri 1 3, 1996
Effective Date 13, 1996
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MEMORANDUM S CL�-�
TO: Michael J. McCauley, City Manager
• FROM: Ronald A. Warren, Planning and Zoning Speci sa��Lt
DATE: March 4, 1996
SUBJECT: Council Consideration Items - Planning Commission Application Nos.
96003 and 96004
On the March 11, 1996 City Council agenda are two planning commission applications
that should be considered concurrently by the City Council as they are interrelated and
submitted by the same applicant.
The first matter is Planning Commission Application No. 96003 submitted by Mija
Landenberger requesting Preliminary Plat approval to subdivide the parcel of land on
which the Budgetel Inn is located, 6415 James Circle North, into two lots. The purpose
of the subdivision is to create a buildable parcel -of land for the development of a
Denny's Restaurant. The other application is Planning Commission Application No.
96004 also submitted by Mija Landenberger requesting Site and Building lanapproval
9 PP
fora 5,338 sq. ft., 140 seat Denny's Restaurant to be located on the 1.02 acre parcel
proposed to be created by the Preliminary Plat under the previous application. =
s
Both of these matters were considered by the Planning Commission at their February
28, 1996 meeting. The required public hearing for the Preliminary Plat was held by the
Planning Commission at that time and the only people appearing before the
Commission were the applicant and her representative.
Attached for your review are copies of the Planning Commission Information Sheets for
application Nos. 96003 and 96004 and also an area map showing the location of the
properties under consideration, a survey of the area, a preliminary plat showing the
division of the land in ue
soon various s site and building plans for the r
g p proposed Denny's
Restaurant development and the Planning Commission minutes relating to the
Commission's consideration of these matters.
The Planning Commission recommended approval of these applications subject to six
conditions for application No. 96003 and fourteen conditions for application No. 96004.
It is recommended that the City Council, following consideration of these matters,
approve the applications in separate `actions subject to the respective recommended
conditions of approval for each application.
I will be prepared to review these applications in more detail, if requested, at Monday
evening's City Council
9 Y meeting.
Planning Commission Information Sheet
Application No: 96003
• Applicant: Mija Landenberger
Location: 6415 James Circle North
Request: Preliminary Plat
The applicant is seeking Preliminary Plat Approval to subdivide into two lots the parcel
of land on which the Budgetel Hotel is located, addressed as 6415 James Circle North
and legally described as Tract A, RLS 1482. The property in question is zoned C -2
(Commerce) and is bounded on the north by the Super 8 Hotel; on the East by James
Circle with the Earle Brown Bowl on the opposite side and a vacant parcel of land
owned by Embers Restaurants; on the south by 1 -94; and on the west by Shingle Creek
Parkway. The purpose of the subdivision is to create a 1.02 acre site for the
construction of a Denny's restaurant (see Planning Commission Application No. 96004).
Currently Tract A, RLS 1482 is a 3 acre site containing the Budgetel Hotel located
along the westerly portion of the property. When the Budgetel was originally
constructed, the then applicants left the southeasterly corner of the site vacant in
anticipation of developing a restaurant in the future or the expansion of the motel.
Neither possibility has worked out for the Budgetel Corporation and they are not
proposing to allow the division of land to be sold to the applicant for the development of
a Denny's restaurant. The new legal description is proposed to'be Lots 1 and 2, B & G
Realty 1st Addition. Lot 1 would be a 2.11 acre site containing the Budgetel Hotel and
• Lot 2 would be a 1.02 acre site for the Denny's restaurant.
e
The applicants are also seeking a .13 acre vacation of excess right -of -way from James
Circle which would be added to this plat. James Circle when it was originally
constructed terminated in a cul -de -sac serving the Budgetel site, the vacant Embers
parcel and the Earle Brown Bowl in this area. A subdivision, known as Richardson
Addition, created new parcels of land easterly of this site which incorporated existing
and surplus highway right -of -way which later became the properties for the Olive
Garden restaurant, the Cracker Barrel restaurant, Hardee's and the Comfort Inn. In
that plat, right -of -way was dedicated to extend James Circle easterly and then northerly
to intersect again with Freeway Boulevard. The old cul-de -sac right-of-way was still
retained.
The City has no interest in maintaining the right -of -way needed for a cul -de -sac and is
agreeable to vacating a portion of this area to allow it to be attached with the properties
in question. The vacation will have to be accomplished through an ordinance
amendment and must be accomplished prior to the filing of this plat.
The City Engineer has reviewed the Preliminary Plat , and las indicated that appropriate
Page 1
• 2 -28 -96
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1ST ADDITION
hl BROOKLYN CENTER. MINNESOTA
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Planning Commission Information Sheet
Application No. 96004
Applicant: Mija Landenberger
• Location: Proposed Lot 2, B & G Realty 1 st Addition
Request: Site and Building Plan Approval
The applicant, Mija Landenberger, is seeking Site and Building Plan Approval to
construct a 5,338 sq. ft., 140 seat Denny's restaurant on the 1.02 acre site proposed to
be created by the subdivision contemplated under Planning Commission Application
No. 96003. This site would be carved out of the Budgetel ro e
g p and located
southeasterly of the existing otel. The roe p
9 proper rty in question is zoned C -2 (Commerce)
and the proposed restaurant is a permitted use in that zoning district. The subject site
is bounded on the west and north by the Budgetel Inn site; on the northeast corner by
James Circle North right -of -way; and on the east by a vacant parcel of land located
southerly of the James Circle North right-of-way nd owned b Ember
Y y s, and on the
south by Interstate 94.
ACCESS /PARKING
The plan calls for the only access to this site to be a shared access with the Budgetel
onto James Circle. The actual entrance to the Denny's site would be set back
approximately 65. ft. from the shared access to James Circle. The building itself would
be located in the approximate center of this 1.02 acre site. The northeast corner of the
building ill be set t back approximately 58 ft. from the newly established James Circle
• right -of -way. The Zoning Ordinance requires. a minimum of
q 100 ft. of frontage along a
street right -of -way for development in the C -2 zoning district. This is measured at the
building setback line and the subject site meets this minimum requirement.
Parking for 76 vehicles is shown around all four sides of the proposed restaurant. The
applicant has indicated that they plan to have a maximum of 140 restaurant seats and
ten employees at the maximum shift. The parking requirement for a restaurant requires
one parking space for every two seats and one parking space for every two employees
at the maximum shift. Based on the applicant's proposal, 75 parking spaces are
required. The plan indicates 76 spaces, however one ar "
p king space at the northeast
corner of the site encroaches into the required 15 ft. parking setback from street right -
of -way. The applicant has a surplus of one on -site parking stall which could, therefore,
be eliminated. We would recommend that the plan be so modified to eliminate this
parking stall.
Also of concern with this plan, as well as the division of land proposed under
Application No. 96003, is the question of parking for the Budgetel. The Budgetel has
100 units and 12 employees at the maximum shift requiring a minimum of 112 parking
Page 1
• 2 -28 -96
I�
Euonymus are located one each at the corners of the building and 20 Pfitzer Juniper
are dispersed around the perimeter of the building. The plan calls for underground
• irrigation in all landscaped areas and sod will be provided around the perimeter of the
parking lot with landscape bark around all trees and shrubs.
BUILDING
At the time of the writing of this report no building elevations had been submitted and
thus no building treatment has been indicated. The architect has been contacted and
appropriate building elevations containing building exterior should be submitted.
LIGHTING/TRASH
An approximate 13 by 18 ft. trash enclosure area is indicated at the southeast corner of
the site. No screening material is indicated on the plan, but one made up of material to
match the building should be provided for. A review of recent trash enclosure
construction in the immediate area shows a screen enclosure made up of 8 ft. high
concrete block walls with rough sawn cedar wood siding and one inch by three inch
baton strips on the exterior for the Cracker Barrel restaurant. The applicant should be
pressed to indicate the material being proposed. No lighting plan has been submitted
other than to show the existing lighting from the Budgetel site. Our main concern with
lighting is that it be appropriate to light up the area and not create glare off of the site.
Freestanding light standards should be shielded to direct light downward.
RECOMMENDATION
Altogether, with the few exceptions noted such as building exterior, trash enclosure
material and the location of lighting, the plans appear to be in order. Approval is
recommended subject to at least the following conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable coded 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 insure the completion of site improvements.
4. Any outside trash disposal facilities and rooftop mechanical equipment shall be
appropriately screened from view. s
Page 3
• 2 -28 -96
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MEMORANDUM
• DATE: August 6, 1996
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer
SUBJECT: Resolution Approving Change Order No. 1, Accepting Work Performed, and
Approving Final Payment, Improvement Project No. 1996 -09, Contract 1996 -A,
Sealcoat
Summary Explanation
The City Council by Resolution No. 96 -75, accepted the bid from Allied Blacktop Co. and
awarded a contract in the amount of $47,949.07 for Sealcoat.
Allied Blacktop Co. has completed the work. The amount certified for payment exceeds the bid
in the amount of $2,277.42 due to an underestimation of quantities.
A resolution accepting work performed- and approving final payment to Allied Blacktop Co. is
attached for consideration.
f
•
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK
PERFORMED, AND APPROVING FINAL PAYMENT, IMPROVEMENT
PROJECT NO. 1996 -09, CONTRACT 1996 -A, SEALCOAT
WHEREAS, pursuant to written contract signed with the City of Brooklyn Center,
Minnesota, Allied Blacktop Co. has satisfactorily completed the following improvement in
accordance with said contract:
Improvement Project No. 1996 -09, Contract 1996 -A, Sealcoat
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Change Order No. 1 in the amount of $2,277.42 is hereby approved.
• 2. The work completed under said contract is accepted and approved
according to the following schedule:
Final Project Costs As Established As Fi
Contract $47,949.07 $47,949.07
Change Order No. 1 $ 2,277.42
Total $47.949.07 $50.226.49
3. The actual value of the work performed is $2,277.42 more than the original
contract.
4. It is hereby directed that final payment be made on said contract, taking the
Contractor's receipt in full. The total amount to be paid for said
improvement under said contract shall be $50,226.49.
•
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.
• a
i
��pOKLYN CFNtF
BROOKLYN CENTER
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Chief of Police Scott Kline
DATE: August 5, 1996
SUBJECT: Temporary On -Sale Liquor License for Champps Americana
Champps Americana New Brighton has been selected to cater the grand opening activities of the
new North Memorial Ambulance Headquarters at 4501 68th Avenue North. The event will be
held on Saturday, September 14, 1996, from 6 pm until 1 am. They will be providing beer, wine
and liquor.
® We have contacted the New Brighton Police Department and the have indicated no problems
g P Y P
with the Champps facility or their liquor license.
It is requested that the city council approve this application at their next council meeting.
SK:kh
4
pOKLYN CEIVTE
Brooklyn Center Police Department
POLICE
August 2, 1996
Mr. Rick Guntzel
Champps
2397 Palmer Drive
New Brighton, MN 55112
Dear Rick:
Enclosed please find an Application and Permit For A 1 To 4 Day Temporary On -Sale Liquor
`License per your request. Please fill out the application and return to my attention. The permit
fee of $25 /per day must accompany your application.
Proof of liquor liability insurance coverage should be attached to your application.
The application must then be approved b the Brooklyn Center city council. Upon their
PP Y Y t3' P
approval, the application will be returned to you and then must be forwarded to the Minnesota
Department of Public Safety, Liquor Control Division. The State will sign the original
application and this will be returned to you as the permit for the event.
If you have any further questions, please contact me at 569 -3369.
Sincerely,
Kim Heiser
Staff Services Supervisor
/kh
Enclosures
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199
Telephone (612) 569 -3333 • TDD (612) 561 -5720 • Fax (612) 561 -0717 • Crime Tips (612) 561 -6649
Emergency 9 -1 -1
08/05/1996 15:18 612 6390121 CHAtAPPS PAGE 01
TM
0
August 5, 1996
Kim Heiser
Brooklyn Patio Police Department
Dear Kim:
This letter is in reference to our application for a temporary liquor license for Brooklyn
Center. Champp's Americana, New Brighton will be providing alcoholic beverages for
the grand opening of the new North Memorial's Ambulance Headquarters. The event will
• be head on September 14th, 1996 form 6 p.m. to 1 a.m. We will be providing beer, wine
and liquor. The location is 4501 68th Ave. Brooklyn Center, MN 554 9 formed
9 a., B oo 2
. Yn Y
N. S.P. Building).
Please feel free to contact. me if you have any further questions regarding this matter
Sincerely,
Rick Guntzel-
2397 Palmer Drive • New Brighton, Minnesota 55112 • (612) 639 -0339
• Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION CONGRATULATING DAYTON'S BROOKDALE ON ITS 30TH
ANNIVERSARY
WHEREAS, Dayton's Brookdale is celebrating its 30th birthday; and
WHEREAS, during the week of August 10 through 16, 1996, Dayton's Brookdale
will be hosting several festivities in celebration of its 30th birthday, including a "Big Life" truck
show, band performance, food and refreshments, "Family Day," modeling, and many more
activities throughout the store; and
WHEREAS, Dayton's Brookdale continues to share its community spirit and pride
and is an asset to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the City Council extends it congratulations to Dayton's Brookdale in
celebration of its 30th anniversary and encourages its citizens to participate in the planned
festivities August 10 through 16 at Dayton's Brookdale.
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.
DAY N 'S
HROMI)ALF. CENTER
II(N) HR( ADALE CENTER . HR(X)KIAN CI'R., MN 551A14.M86
•
August 4, 1996
Brooklyn Center City Council
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Council Members:
Dayton's Brookdale is celebrating it's 30th birthday on August 10th! We
would like to invite you to join us in our celebration as we kick off a week of
festivities on Saturday August 10th, with our BIG LIFE semi -truck show.
The show begins at 1 :00 p.m. in the "Camel" parking lot with a DJ from
KDWB. At 1:45 p.m. I will present grants to two of our community partners.
At 2:00 p.m. you will see a fast paced, integrated show featuring professional
dancers and extreme sports athletes, all in fall fashions. At 3:00 p.m., fashion
designer Tommy Hilfiger's brother Andy will perform with his band "Flippo ".
Food and refreshments will be available. I know you will have a great time.
We hope to see you at our festivities, we are anxious to share our community
spirit and pride with you on this day.
Sincerely,
/LG�CX�J
Shelly Ibach
Store Manager
Dayton's Brookdale
THE DEPART }TENT STORE DIVISION OF DAYTON HUDSON CORPORATION
Dayton's Brookdale 30th Birthday Events
Saturday, August 10th - "Big Life"
1:00 p.m. - 4:00 p.m. "Big Life "Truck Show - a fast paced, integrated show
featuring professional dancers in fall fashions, live music and
extreme sports demonstrations. Fashion designer Tommy
Hilfiger's brother Andy will perform with his band "Hippo
A KDWB -FM radio personality will provide entertainment
to kick -off the Big Life show - Outside of Dayton's in our
"Camel" parking lot.
Presentation of "Circle of Giving" grants to local community
partners - "Camel" parking lot.
Food and refreshment stand - "Camel" parking lot.
Visit by FOX 29 TV's Mascot T.C. -Kid's Department.
"Kiss Your Old Clothes Good - bye!" Bring in an old pair of
jeans to be donated to CEAP (Community Emergency
Assistance Program), Young Men's, Junior's and Kid's.
• Sunday August 11 th - "Family Day"
1:00 p.m. - 3:00 p.m. Celebration in the Kid's department. Featuring° birthday
cake, face painting, balloons, and appearances by
Santabeafrm and PJ HuggabeeTM.
Sample "Jellie Bellies" and "Haribo Fruit Salad" - 2nd
floor Candy department.
Monday, August 12th
12 Noon - 2:00 p.m. Informal modeling throughout the store and in our Brookdale
Inn Restaurant.
1:00 p.m. - 3:00 p.m. Sample "Spoonbridge & Cherry" Frangos - 2nd floor
Candy department.
Tuesday, August 13th
11:30 a.m. - 2:30 p.m. "Jug's Jewels" trunk show with demonstrations designer
Julie Savolt - Women's Accessories department.
1:00 p.m. - 3:00 p.m. Sample Dayton's private label "Lone Star Grill"
P corn salsa -
2nd floor Gourmet Foods department.
-_ Wednesday, August 14th
11:30 a.m. - 2 :30 p.m. "Jul's Jewels" trunk show with demonstrations by designer
Julie Savolt - Women's Accessories department.
1 :00 p.m. - 3:00 p.m. Sample Dayton's own "Cafe GioTM" coffee and biscotti -
2nd floor Gourmet Foods department.
7:00 p.m. - 8:00 p.m. The University of Minnesota Raptor Center will display
some of nature's most intriguing creatures - Women's
Sportswear department.
Thursday, August 15th
10:00 a.m. - 1:00 p.m. Jockey Hosiery Clinic - Women's Hosiery Department.
12 Noon.- 2:00 p.m. Informal modeling of new fall fashions storewide and in our
Brookdale Inn Restaurant.
1:00 p.m. - 3:00 p.m. Sample Dayton's private label "Lone Star G_ rill" fruit salsa's
- 2nd floor Gourmet Foods department.
r Fridav, August 16th
12 Noon - 2:00 p.m. Elizabeth Arden Salon/Cutaway styling event - Women's
Career Department.
1:00 p.m. 3:00 p.m. Sample Frango mints and coffee - 2nd floor Candy
department.
5:00 p.m. - 8:00 p.m. "Putting StickTM" golf demonstration - Men's Player's Shop
6:00 p.m. - 8:00 p.m. Denim Fit Clinic - Junior's Department
Learn from the experts on how to find the "perfect" jeans.
ALL WEEK
Dayton's Brookdale Inn restaurant will be commemorating 30 years of fine dining by
bringing back favorite dishes from the past.
Features include:
From the 60s - Plantation Cake, molasses flavored cake with warm lemon sauce.
From the 70s - Yankee Pot Roast, served with vegetables and mashed potatoes.
From the 80s - Zesty Tomato Soup and Grilled Chicken Salad with walnut dressing.
From the 90s - Chicken Focaccia Sandwich, grilled with honey lemon thyme
mayonnaise.
- -- 3 City o Brookl n Center
tY .f Y
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 August 12, 1996:
AMUSEMENT DEVICES - OPERATOR
Ithaca Restaurant, Inc.
d/b /a Rookies Bar & Grill 1541 Freeway Blvd.
AMUSEMENT DEVICES - VENDOR
Marcus Vending, Inc. 1945 Lochaven Place
GARBAGE AND REFUSE COLLECTION VEHICLES
Super Cycle, Inc. 775 Rice Street
MECHANICAL SYSTEMS
Columbia Building Services, Inc. 2020 Broadway St. NE
E.L.K. Mechanical HVAC Inc. 15940 Radium St.
RENTAL DWELLINGS
Initial:
Carol Cichocki 3300 66th Ave. N.
Renewal:
Town's Edge Properties Brookhaven Apartments
James.Ferrara 6031 Brooklyn Blvd.
Charles and Maribel Hokanson 5308 Emerson Ave. N.
Paul Hinck 4715 France Ave. N.
Delores Hanson 7210 Perry Court E.
SIGN HANGER
Kaufman Sign Company 1622 Central Ave. NE
p Y
Redwood Signs 108 West Broadway
General Approval:
Sharon Knutson, City Clerk
•
CITY OF BROOKLYN CENTER
Notice is hereby given that a public Y g p hearing will be held on the 12th day of August 1996, 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 Ordinance No. 94 -12 Regarding Council Salaries
for 1997 -1998.
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 94 -12 REGARDING
COUNCIL SALARIES FOR 1997 -1998
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. City of Brooklyn Center Ordinance No. 94 -12, which amended the
amount of the annual salaries to be paid to the mayor and council members to become effective
January 1, 1995, is hereby amended.
Section 2. Effective January 1, 1997, the annual salary for council members shall
be $6,000 and the annual salary for mayor shall be $8,000.
Section 3. Effective January 1, 1998, the annual salary for council members shall
be $6,165 and the annual salary for mayor shall be $8,220.
Section 4. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 1996.
Mayor
ATTEST:
City Clerk
Date of Publication '
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
To: Michael]. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
MEMORANDUM
Subject: City Council Consideration Item - Planning Commission
Application No. 96009
Date: August 5, 1996
On the August 12, 1996 City Council Agenda is Planning Commission Application No. 96009
submitted by Phillips 66 Company requesting Site and Building Plan approval and a Special Use .
Permit to build a convenience store /gas station at 6901 Brooklyn Boulevard.
Attached for your review are copies of the Planning Commission Information Sheet for
Application No. 96009 containing an area map showing the location of the property under
consideration and various site and building plans for the proposed development. Also
attached are the Planning Commission minutes relating to the Commission's consideration of
this matter.
This matter was considered by the Planning Commission at their July 25, 1996 meeting and,
following xtensive review and public hearing, recommended for
g p g, e approval. It should be
noted that the approval of this application is'dependent on the approval of Application No.
96010 submitted by the same applicant.
•
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Planning Commission.
■
• Planning Commission Information Sheet
Application No. 96009
Applicant: C. M. Group, Inc. (On behalf of Phillips 66 Company)
Location: 6901 Brooklyn Boulevard
Request: Site and Building Plan/Special Use Permit
The applicant, C. M. Group, Inc. on behalf of Phillips 66 Company, is seeking Site and Building
Plan approval and a Special Use Permit to construct a convenience store /gas station at 6901
Brooklyn Boulevard. The property in question is zoned C -2 (Commerce) and is the site of a
former aasoline service station which was demolished in 1994. The property is bounded on the
north by C -1 and C -2 zoned property containing a non - conforming single family residence; on
the east by Brooklyn Boulevard; on the south by 69th Avenue North with a convenience
store /gas station/car wash and the U. S. Post Office on the opposite side; and on the west by the
Northwest Residence group home, which is zoned R -4 (Multiple Family Residence).
Gasoline service stations and convenience stores at gasoline stations are special uses in the C -2
zoning district. Gasoline service stations are not permitted to abut R -1, R -2, or R -3 zoned
property including abutment at a street line. No such abutment exists in this case due to the
replatting of this property and the C -1 zoned property to the north in 1993 -94 that eliminated the
property line abutment with an R -1 zoned parcel westerly of this site.
BACKGROUND
iThe Phillips 66 Company was granted a Special Use Permit and Site and Building Plan approval
(along with a Variance in 199') to build a gas to
a s tion/converue
nce store /car wash at this same
location. After demolishing the existing service station in 1994, Phillips 66 decided not to
proceed with that plan and are now submitting a revised plan for a gas station/convenience store
with no car wash. Attached for the Commission's review is a copy of City Council Resolution
No. 93 -34 dated March 8, 1993 that rescinded City Council Resolution No. 92 -267 and approved
Planning Commission Application No. 92001 and 92003 submitted:by Phillips 66 Company.
That resolution approved the Phillips 66 proposal and granted a variance from the greenstrip
requirements in Section 3)5-700 of the Zoning Ordinance. That approval becomes pro 1 be om s a basis for the
P
consideration of the revised plan submitted by the applicant at this time.
This application was scheduled for consideration and a public hearing at the Planning
Commission's July 11, 1996 meeting , but was tabled because the plan submitted did not reflect
the property lines established by the existing plat for this property. Specifically, 18 ft. of
additional right -of -way along 69th Avenue North was not taken into consideration. The
applicant has since modified the plan so the matter is again before the Planning Commission. It
7 -25 -96
Page 1
• should be noted that the approval of Planning Commission Application No. 96010 requesting a
variance from the 15 ft. greenstrip requirements is essential to this plan. (Note: A full review of
that application can be found with the Planning Commission Application Sheet for Application
No. 96010.)
ACCESS/PARKNG
The proposed plan calls for two accesses, one on Brooklyn Boulevard at the northeasterly end of
the site and the other on 69th Avenue North at the southwesterly end of the site. Currently there
are four curb cuts serving the property. The two accesses closest to the intersection of Brooklyn
Boulevard and 69th Avenue North will be closed. The northerly access on Brooklyn Boulevard
will be in approximately the same location as existing, while the westerly access on 69th Avenue
North will be shifted slightly to the east to line up better with a Post Office access on the other
side of 69th Avenue North. Alterations to the accesses must be done through a permit process
with Hennepin County as both Brooklyn Boulevard and 69th Avenue North in this area are
County roads.
The plan calls for a 2,775 sq. ft. convenience store, which requires a need for 15 parking spaces
based on the ordinance required parking formula for retail sales of 5.5 parking spaces per 1,000
sq. ft. of gross floor area. The plan shows 16 parking spaces including one handicap space and
requests that it be given credit for eight parking spaces at the four pump islands. It is
• recommended that the existing plan be modified to eliminate one parking space located in the
greenstrip northerly of the north access and to elir*ate one of the two parking spaces shown at
the southwesterly corner of the site. It is believed :that the elimination of a parking space in this
particular location is needed to provide more space around the pump island area. Also, it is
recommended that the four spaces shown on the southerly end of the site be shifted in order to
provide a minimum of a five ft. greenstrip. (Note: The previously approved greenstrip variance
for this site retained a minimum five ft. greenstrip along 69th Avenue North. We do not
recommend a lesser greenstrip in this location so that it would be consistent with the previously
granted variance.) With these modifications the plan would provide for 14 parking spaces in
various locations. We believe it is possible to give the applicant credit for at least one parking
space at the pump island, but not eight spaces, based on the policy of doing so where the
requirements for a parallel parking space can be accommodated.
The plan also calls for a 30 ft. by 93 ft. 6 in. canopy over four pump islands to the south of the
building. The plan indicates the path through the site for gasoline transports filling the various
underground storage tanks located southerly of the pump island area. The site will be tight, but
should provided adequate parking and circulation on the property.
7 -25 -96
Page 2
GRADING/DRAINAGE/UTILITIES
•
The plans submitted indicate that the site will drain partially to the northeast and partially to the
southwest. The applicant proposes to provide trench drains at the two access points to the site
which will collect water and then convey it to the storm sewer. The plan also shows a drainage
swale located in the landscape area at the southeasterly corner of the site. B -6123 curb and gutter
is required around all driving and parking areas as well as around the concrete walkways by the
building. The plans do not indicate B -612 curb and gutter but the applicant is well aware of the
requirement and a typical condition noting this requirement should be sufficient.
The plan does not indicate the location of utilities. It should be noted that water and sewer
services exist in both Brooklyn Boulevard and 69th Avenue North. The City Engineer will be
reviewing this plan and any utilities and drainage problems will need to be addressed to his
satisfaction. This site is less than .5 acres and does not require Watershed Llanagement review
and approval.
LANDS CAPING/S CREENNG
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
approximate .5 acre site requires a minimum of 80 landscape points. The total point value of the
• landscape plan submitted is 1 i 1 points, well in excess of the minimum required. The plan calls
for three Bergeson Ash, two to be located either side of the parking area at the southeasterly side
of the site and one along the Brooklyn Boulevard greenstrip north of the northerly access (in:an
area recommended to be expanded by eliminating one parking space). Six Flowering Crab and
three Japanese Tree Lilac (decorative trees) are located along Brooklyn Boulevard and 69th
Avenue North. Three of the crab are southerly of the Brooklyn Boulevard access and the other
three are at the very southeast corner of the site. The three Japanese Tree Lilac are indicated
westerly of the 69th Avenue North access but may have to be relocated so that they are located
on the applicant's property. Five Black Hills Spruce are also provided at the southeasterly corner
of this site in the same general vicinity as the Flowering Crab. These also may need to be
relocated so that they are on the applicant's property. Shrubs such as Bush Honeysuckle,
Emerald Spreader Juniper, Dwarf European Cranberry Bush, Goldflame Spirea, Goldfinger
Potentilla, Fleece Flower and Goldmond Spirea are located throughout the site primarily on the
greenstrip and landscaped areas. No plantings are located around the perimeter of the building.
It is recommended that the applicant add trees such as Black Hills Spruce in the sodded area
located to the north of the building.
The plan also provides for extensive screening particularly along the west side of the property. A
combination eight ft. high brick wall and wood screening device is shown along the west and
north side of the building. This is in keeping with the required screening comprehended under
the previously approved plan for this site. A six ft. high opaque fence is located along the north
• 7 -26 -96
Page 3
• property line between the building and the Brooklyn Boulevard right- of-wav area to provide
some additional screening for the non - conforming single family home to the north. Another
feature of the screening plan is a three ft. high brick retaining wall to match the brick of the
building and the brick proposed for the eight ft. high screen wall. This feature will be located
where the applicant proposes to have virtually no greenstrip along Brooklyn Boulevard. This too
is consistent with the features provided when the City Council in 1993 granted a greenstrip
variance for this same applicant with the previous plan. y
BUILDING /CANOPY
The building is 2,775 sq. ft. and consists of a convenience store only containing a sales and
display area, walk -in cooler, storage area, handicapped restrooms, office and small food
preparation area. The building is set back as close as three to five feet from the westerly property
line. Such a setback is allowed under the City's Zoning Ordinance provided there are no doors
or openings and the building wall conforms in all respects with the requirements of the State
Building Code. The plans show rock mulch between the building wall and the brick screening
fence. It is recommended that rather than rock mulch, this area be concrete for maintenance
purposes. The exterior of the building is a beige brick with an eight inch soldier course of brick
around the building about three feet above ground level. A four ft. high EIFS drive -it facing is
around the top of the building. The front (south) elevation contains thermo glass display
windows with anodized aluminum frames. Span drel panels are located on the lower three feet of
the display windows between the entrance /exit doors. The plan shows a ten inch illuminated
stripe around all four sides of the building with decorative light fixtures. I question the need for
this lighting especially on the westerly elevation abutting the residentially zoned property and
where only a three ft. building setback is provided. I would recommend the elimination of the
lighting and illumination stripe on this wall particularly. The remaining illuminated stripe will
have to be calculated as part of the allowable wall signery for this building and the area must be
consistent with the sign ordinance requirements.
The canopy, as previously mentioned, is 30 ft. by 93 ft. 6 in. covering the four pump island
dispensers. The height of the canopy is 14 ft. clear with an additional four foot prefinished metal
fascia. The fascia of the canopy will be painted bronze with a red stripe. We have indicated to
the applicant, and he has acknowledged, that the fascia of the canopy cannot be illuminated. We
assume the canopy will contain lighting to light up the pump island area. Our concern is that any
lighting in the canopy be shielded and directed downward to avoid glare. The illumination plan
does not indicate canopy lighting.
7 -25 -96
Page 4
• LIGHTNG /TRASH
The lighting plan indicates five freestanding light poles at various locations around the perimeter
of the property. These lights should be shielded and directed downward to avoid glare. As
previously indicated, decorative wall mounted lighting is provided. However, it is not
recommended along the westerly side of the building.
A six ft. by ten ft. trash enclosure is located to the north of the building. The enclosure is
proposed to be a cedar fence, similar to the six ft. high cedar fence provided along the north
portion of the property between the building and Brooklyn Boulevard.
SPECIAL USE STANDARDS
The proposed gas station/convenience store is a special use under the provisions of the City'
Zoning Ordinance. As such, it must meet the five standards listed in Section 35 -220,
Subdivision 2 of the Ordinance (attached). The proposed service station should enhance the
general public welfare and should not be detrimental 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 the 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 normal and orderly development and improvement of
surrounding property for uses permitted in the district. The service station development is
consistent with the approval granted by the City Council in 1993 for this same site. Adequate
measures have been or will be taken to provide proper ingress, egress and parking so designed as
to minimize traffic congestion in the public streets. The service station will have to conform to
applicable regulations of the C -2 zoning district. This cannot be accomplished unless the setback
variance sought under Planning Commission Application No. 96010 is also granted. Approval of
this application is dependent upon a favorable action on that application. It should be noted that
the same variance was granted by the City Council under the approval of the site plan for this
previous application and is a substantial precedent for granting this variance.
A public hearing has been scheduled and notices have been sent.
RECOMMENDATION
Approval of this application is contingent upon approval of the accompanying variance request.
Based on the previous City Council approval, we would recommend that the application be
approved subject to the following conditions and considerations.
1. Building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
7 -25 -96
Page 5
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 facility and rooftop 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 f the property, im rovements and
Y P
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 system prior to the issuance of permits.
11. A Special Use Permit is granted to Phillips 66 Company for a gas station/convenience
store at 6901 Brooklyn Boulevard as contained in the plans submitted. Any
expansion or alteration of the use shall require an amendment to this Special Use
Permit.
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 surface rather than rock mulch along the westerly side of the building
between the building wall and screen fence.
7 -25-96
Page b"
• b. The relocation of four parking stalls along 69th Avenue North so that a minimum
five ft. greenstrip is provided.
c. The elimination of one parking space at the southwesterly portion of the site.
d. The elimination of one parking space at the northeasterly part of the site and the
replacement of that parking space with landscaping.
e. The elimination of decorative lighting and a ten inch illuminated stripe along the
westerly building elevation.
f. The relocation of all landscaping so that it is contained within the boundary of the
property and not located in the boulevard right -of -way area.
g. The addition of three Black Hills Spruce on the north side of the building in the
sodded area.
14. Approval of this application is contingent on the approval of Planning Commission
Application No. 96010 authorizing a variance from the greenstrip requirements
contained in the Zoning Ordinance.
7-25-96
Page 7
Member Kr semen jarL-1 introduced the following
its adoption: resolution and moved
RESOLUTION NO °3 -3a
RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 92 -267
AND APPROVING PLANNING COMMISSION APPLICATION NO. 92001
AND 92003 SUBMITTED BY PHILLIPS 66 COMPANY
WHEREAS, Planning Commission Application No. 92003 was submitted by
Phillips 66 Company originally requesting a variance from Section 36 -400 of the Zoning
Ordinance at 6901 Brooklyn Boulevard to allow a building e ?
s tback of �8 reef rath than 50 feet
from the Brooklyn Boulevard right -of -w •
I a y' and
WHEREAS, said application was submitted in conjunction with two other
applications also submitted by Phillips 66 Company, Application No. 92001 which involved a
request for a special use permit and site and building plan approval and Application No. 92002
which involved a request for preliminary plat approval to transfer a trangular shaped portion
of the property to a neighboring parcel of land; and
WHEREAS, Application No.'s 92001, 92002, 92003 were all tabled by the .City
Council, with the applicant's consent, on February 10, 1992 to study possible ordinance
amendments and to address redevelopment issues on Brooklyn Boulevard; and
WHEREAS, In October, 1992 the applicant revised its site plan under Application
No. 92001 by re- arranging the building location and revised its variance proposal under
Application No. 92003 by abandoning the building setback variance request and instead
requesting a variance from Section 35 -700 of the Zoning Ordinance to. allow a greenstrip, less
than 15' from the Brooklyn Boulevard and 69t
Y h Avenue n�hts -of- -way; and
WHEREAS after reviewing
the revised proposals the City Council on November
23, 1992 adopted Resolution No. 92 -267 which made certain findings and denied the requested
variance under Planning Commission Application No. 92003 submitted by Phillips 66 Company
on the basis of those findings; and
WHEREAS, the City Council has received the Brooklyn Boulevard redevelopment
Study which was prepared by the consulting firm of Dahlgren, Shardlow, and Uban, Inc. (DSU)
which makes certain recommendations that affect the redevelopment of 6901 Brooklyn
Boulevard; and -
WHEREAS, the' City Council desires to rescind Council Resolution No. 92 -267
1 and reconsider the greenstrip varance requested under Planning Commission Application No.
�� 92003.
RESOLUTION NO. 93 -34
1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to rescind City Council Resolution No. 92 -267 and -rant site and building plan
approval and a special use permit to construct a gas station /convenience score /car wash at 6901
Brooklyn Boulevard subject to the following, conditions:
1. The recommendations contained in the Brooklyn Boulevard redevelopment study
prepared by DSU give cause for the reconsideration of the greenstrip variance
comprehended under Planning Commission Application No. 92003.
2. The City Council finds that the standards for variance contained in Section 35-
240, subdivision 2 of the Zoning Ordinance are met in that the site is an
irregularly shaped parcel and to deny the variance would create a hardship to the
applicant in that they would not be able to develop the property in a reasonable
manner.
3. The granting of the variance is conditional' on the applicant providing the
following:
a) An 8' high brick wall along the west property line; and
�- b) A brick exterior to the proposed building and car wash; and
C) A brick wall along Brooklyn Boulevard matching the brick of the building
and the wall along, the west property line; and
d) The three (3) parkin; spaces located in the southeast corner of the
property be treated as proof of parking and further that the same area be
included in the landscape plans submitted for the site; and
e) A corner landscape node be created to include seating for pedestrians; and
All building materials and landscape plans to be used in compliance with
the terms and conditions of the variance be approved by the Director of
Community Development
4. Building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to the issuance of permits.
5. Grading, drainage, utility and berry ing plans are subject to review and approval
} by the City Engineer, prior to the issuance of permits.
RESOLUTION NO 93 -3 , .
2
t
6. A site performance agreement and su financial guarantee (in an amount
to be determined by the City Manager) shall be submitted prior to the issuance
of permits to assure completion of approved site improvements.
7. Any outside trash disposal facilities and rooftop mechanical equipment shall be
appropriately screened from view.
8. 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.
9. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
10. Plan approval is exclusive of all signery which is subject to Chapter 34 of the
City Ordinances.
11. B612 curb and gutter shall be provided around all parking and driving areas.
12. The applicant shall submit: an as -built survey of the property, improvements and
utility service lines, prior to release of the performance guarantee.
13. 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.
14. The special use permit is granted to Phillips 66 Company for a ,as
station /convenience store /car wash at 6901 Brooklyn Boulevard as contained in
the plans submitted. Any expansion or alteration of the use shall require an
amendment to this special use permit.
15. The special use permit is subject to all applicable codes, ordinances and
regulations. Any violation thereof shall be grounds for revocation.
16. The replat of the property containing the dedication of 18' of right -of -way along
69th Avenue North shall receive final approval and be filed at the County prior
to the issuance of permits.'
RESOLUTION N0. 9; -34
17. The plans shall be modified prior to the issuance of building permits to indicate:
a. A connection of the two trench drains adjacent to the car wash to the
storm sewer system.
b. The canopy shall have no illumination band on the sides.
C. The triangle of land to be transferred to the neighboring property to the
north shall not be fenced into the Phillips 66 site, though it
must be landscaped and maintained by Phillips until a new owner is
present.
March 8, 1993
Date Mayor
1� A .,l
TTEST:
t Deputy Clerk
The motion for the adopting of the foregoing resolution was duly seconded by member
Dave Rosene and upon vote being taken thereon, the following voted in favor thereof:.
Todd Paulson, Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
°�-
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PHILLIPS O
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PHILLIPS 66 COMPANY
A DIVISION OF PHILLIPS PETROLEUM COMPANY
/ SERVICE STATION •27831
68TH AVENUE A BROOKLYN BOULEVARD
r o I BROOKLYN CENTER, MINNESOTA
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Sec ticn 357 Z Zo ; ?EC :AL USE PEP„!1T;;
2. Standards for Soec:sl use Permits
A special use cermit may be granted by the City Council after
demonstration by evidence that all of the following are Met:
• (a) The establishment, maintenance or operation of the
special use will promote and enhance the general
welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort.
(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 and impair property values
within the neighborhood.
(c) The establishment of the special use will not
impede the normal and orderly development and
improvement of surrounding property for uses
permitted in the district.
(d) adequate measures have been or will be taken to
Provide ingress, egress and parking so designed
as to minimize traffic congestion in the public
streets.
(e) The special use shall, in all other respects,
conform to the applicable regulations of the
district in which it is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may
impose such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special
use as deemed necessary for the protection of the public interest'
and to secure compliance with requirements specified in this ord—
inance. in all cases in which special use permits are granted
the City Council may require such evidence and guarantees as it
may deem necessary as part of the conditions stipulated in connec—
tion therewith.
4. Resubmission
No application for a special use permit which has been denied
by the City Council shall be resubmitted for a period of twelve
(12) months from the date of the final determination by the City
Council; except that the applicant may set forth in writing newly
discovered evidence of change of condition upon which he relies to
gain the consent of the City Council for resubmission at an earlier
time.
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued pursuant to the pro —
visions of this ordinance, such permit shall expire without further
action by the Planning Commission or the City Council unless the
applicant or his assignee or successor commences work upon the sub—
Jett property within one year of the date the special use permit is
granted, or unless before the expiration of the one year period the
applicant shall apply for an extension thereof by filling out and
submitting to the Secretary of the Planning Commission a "Special
Use Permit" application requesting such extension and paying an
additional fee of $15.00.
Special use permits granted pursuant to the provisions of a
prior ordinance of Brooklyn. Center shall expire within one year of
the effective date of this ordinance if construction upon the sub —
ject property pursuant to such special use permit has not commenced
within that time.
• Zn any instance where an existing and established special use
is abandoned for a period of one year, the special use permit re—
lated thereto shall expire one year following the date of abandon—
ment.
MEMORA INDLi
• DATE: July 23, 1996
TO: Ron Warren, Planning and Zoning Specialist
FROM: Scott Brink, City Engineer
SUBJECT: PROPOSED SERVICE STATION - PHILLIPS PETROLEUM COMPANY
(Brooklyn Boulevard(C.R. 152) at 69th Avenue North(C.R. 130))
A review of the proposed site plan has been conducted. The plans reviewed were received are
prepared by the firm of Wickham, Gustafson, Architects and dated July 9, 1996. The following review
comments are offered:
1. The site property borders two roadways under the jurisdiction of Hennepin County. Any
driveway construction, or work within the road right of way of either Brooklyn Boulevard and
69th Avenue North, will require a permit from Hennepin County. At this time, no formal
comments have been received from Hennepin County.
Brooklyn Boulevard and the ad' i ' Q
y �o run, P onion of 69th Avenue are scheduled for
reconstruction and widening in 1998. A preliminary design for this reconstruction has been
completed. As part of the planned improvements to the roadway and intersection, concrete
• medians are proposed to be installed in the center of both roadways adjacent to this property.
Therefore, both driveways for the property would be restricted to right turn in right turn out
movements after the reconstruction is completed. This will produce some significant access
restrictions to the site than currently would exist. The applicant must be aware, and fully
understand that further access restrictions will result when future roadway improvements
occur.
It is also desirable for the driveway on 69th Avenue to align with the post office driveway
across the street. It appears that the driveway location as proposed may need to shift slightly to
provide for that alignment. Again, Hennepin County may have additional comments and
requirements on this matter, as well as overall site access.
In accordance with the preliminary design, the widening of Brooklyn Boulevard itself is
proposed to expand easterly, and should not require any additional easements from this
property. A sidewalk easement along Brooklyn Boulevard, and platted drainage and utility
easements around the entire property currently exist, according to the plat on file.
2. The site plan, as proposed, is very tight in regards to traffic circulation. Distances between the
pump islands are minimal, and space around the outside *of the pump islands is also limited. .
Because overall space, parking and access movements will be limited, the proposed layout will
likely produce some traffic congestion in many instances.
3. The site is proposed to be graded such that the majority of surface water runoff will drain
• toward trench drains at the two driveways. The plan should also be revised to show
specifically where and how the trench drains will connect with the existing availabte storm
sewer. Because the site acreage is less than the Shingle Creek Watershed Management
• Commission's threshold, no permit from the Watershed will be necessary.
4. A utility plan has not been submitted for the site. Sanitary sewer and water mains are shown.
However, the plans must also provide a utility plan that shows how the proposed building will
connect with the existing utilities, including size and location of services. The property
w
o ner /a hcant is responsible for confirming a location pp p , th to on of said utilities and the cost of
making required connections.
5. No soil borings or geotechnical information has been provided. The applicant /property owner
will be responsible for any geotechnical issues that may exist or arise.
6. Landscaping and signage on the property must consider appropriate sight -line safety visibilities
required.
7. All curbing shall be concrete curb and gutter (Mn/Dot B612).
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A.. Warren, Planning & Zoning Specialist
Subject: City Council Consideration Item - Planning Commission Application No. 96010
Date: August 5, 1996
On the August 12, 1996 City Council Agenda is Planning Commission Application No. 96010
submitted by Phillips 66 Company requesting a variance from Section 35 -700 of the Zoning
Ordinance to allow less than a 15 ft. greenstrip along 69th Avenue North and along Brooklyn
Boulevard. This application is a companion application to 96009.
Attached for your review are copies of the Planning Commission Information Sheet for
Application No. 96010 containing an area map showing the location of the property under
consideration and the standards and procedures for zoning ordinance variances.
Also attached are the Planning Commission minutes relating to the Commission's consideration
of this matter.
This matter was considered b the e' u 2 � 6 meeting d
y Planning Commission at their July �, 199 g an ,
following extensive review and public hearing, was recommended for approval.
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the recommended findings of the Planning Commission.
i
• Planning Commission Information Sheet
Application No. 96010
Applicant: C. M. Group, Inc. (On behalf of Phillips 66 Company)
Location: 6901 Brooklyn Boulevard
Request: Variance
The applicant is requesting a Variance from Section 35 -700 of the City's Zoning Ordinance to
allow less than a 15 ft. greenstrip as part of their development plan comprehended under
Application No. 96006. This application is a companion to that application and comprehends the
proposal for 6901 Brooklyn Boulevard.
The applicant has not submitted any written information with respect to this application and
relies on the fact that the City Council on March 8, 1993, under Resolution No. 93 -34, had
granted identical variances for a similar proposal to that being proposed under this application.
The applicant has also indicated that the City Council on July 26, 1993 granted a variance from
the same provisions of the Zoning Ordinance to allow for a greenstrip less than that required by
the City Ordinance for Mr. Randy Rau for the property located at 6849 Brooklyn Boulevard.
That variance had been granted because of the precedent in granting the variance to Phillips 66.
The arguments made for the variance are quite simple, that being the previous precedence for the
same variance request and a similar variance granted to a neighboring and similar property.
The variances granted acknowledged: irregularly shaped parcels and noted that to deny the
variance would create a hardship to the applicant in that he would not be able to develop the
property in a reasonable manner. The City Council also, under Resolution No. 93 -34,
acknowledged this same fact.
Attached for the Planning Commission's review is a copy of Section 35 -240 Subdivision 2 of the
Zoning Ordinance containing the standards for variances. Variances from the literal provisions
of the Zoning Ordinance can be granted in instances where the strict enforcement would cause
undue hardship because of circumstances unique and distinctive to the individual property under
consideration. All four of the variance standards must be met.
Again, the basic argument is that this variance has been granted in the past and the circumstances
under the current application are the same.
A public hearing has been scheduled and notices have been sent. It is recommended that the
Planning Commission hold one public hearing for both the Special Use Permit under Application
No. 96009 and the Variance under Application No. 96010.
RECOMMENDATION
• 7 -25 -96
Page 1
Based on the previous granting of an exact variance, it is recommended that the Planning
• Commission recommend approval of Application No. 96010 acknowledging that the site is an
irregularly shaped c
1 - 1
p parcel and to deny the variance would create a hardship to the applicant in that
the would not be able to develop the roe in a reasonable Y p property rty manner.
7 -2� -96
Page 2
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STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
one contemplating a request for a variance from the Zoning Ordinance should consult with the
ning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the
purposes of familiarization with applicable ordinance standards and evaluation of the particular
circumstances.
A prospective applicant will provide documents and information, as requested by the Secretary, to the
Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen
(14) days prior to the regular meeting of the Board.
In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause
undue hardship because of circumstances unique and distinctive to an individual property under
consideration, the City Council will have the power to grant variances, in keeping with the spirit and
intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and
distinctive circumstances affecting the property, must be the proximate cause of the hardship;
circumstances caused by the property owner or his predecessor in title will not constitute sufficient
justification to grant a variance.
The Board of Adjustments and Appeals may recommend and the City Council may grant variances from
the literal provisions of this ordinance in instances where their strict enforcement would cause undue
hardship because of circumstances unique and distinctive to the individual property under consideration.
However, the Board will not recommend and the City Council will in no case permit as a variance any use
that is not permitted under this ordinance in the district where the affected person's land is located. A
variance may be granted by the City Council after demonstration by evidence that all of the following
ifications are met:
6
(A) Because of the particular physical surroundings, shape, or topographical conditions of the
specific parcels of land involved, a particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried
out.
(B) The conditions upon which the application for a variance is based are unique to the parcel of
land for which the variance is based are unique to the parcel of land for which the variance is
sought, and are not common, generally, to other property within the same zoning classification.
(C) The alleged hardship is related to the requirements of this ordinance and has not been created
by any persons presently or formerly having an interest in the parcel of land.
(D) The granting of the variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel of land is located.
The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and
restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance
and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties.
Copies of the Zoning Ordinance may be obtained from the Administrative Office.
o tions should be directed to the Community Development Department, at (612) 569 -3330.
Standards and Procedures for Zoning Ordinance Variances
Revised 2 -95
PC FORM v0. ' -0 (1-9.)
•
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
Subject: City Council Consideration Item - Planning Commission Application No. 96012
Date: August 5, 1996
On the August 12, 1996 City Council Agenda is Planning Commission Application No. 96012
submitted by T. G. I. Friday's, Inc. requesting a Planned Unit Development (PUD) Rezoning
from I -1 (Industrial Park) to PUD/I -1 and Site and Building Plan approval through the Planned
Unit Development process for the development of a hotel and two restaurants on vacant property
located on the north side of Freeway Boulevard between the Schmitt Music site and the Shingle
Creek Plaza II Office /Industrial building.
Attached for your review are copies of the Planning Commission Information Sheet for
Application No. 96012 containing an area map showing the location of the property under
consideration and various site and building plans for the proposed development. Also attached
are the Planning Commission minutes relating to the Commission's consideration of this matter.
This application was considered by the Planning Commission at their July 25, 1996 meeting and,
following extensive review and a public hearing was recommended for approval through
Planning Commission Resolution No. 96 -2.
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the recommendation of the Planning Commission.
Attached for the Council's consideration is a draft resolution which would approve the
application. Also for the Council's consideration is an ordinance amending Chapter 35 of the
City Ordinances which would describe the property being rezoned as being in the PUD/I -1
zoning district. This ordinance amendment is offered for the first reading.
•
Planning Commission Information Sheet
PP
A lication No. 96012
•
Applicant: T.G.I.Friday's, Inc
Location: North Side of Freeway Boulevard, Westerly of Schmitt Music
Request: Rezoning /Site and Building Plan- PUD /I -1
The applicant is requesting Rezoning and Site and Building Plan approval through the Planned
Unit Development (PUD) process for the development of a hotel and two restaurants on the
vacant property located on the north side of Freeway Boulevard between the Schmitt Music site
and the Shingle Creek Plaza II office /industrial building. The rezoning would be from the
current I -1 (Industrial Park) zoning designation to PUD/I- 1(Planned Unit Development/Industrial
Park).
The property in question is a vacant 13.09 acre site currently zoned I -1. It is bounded on the
north by Shingle Creek and the Shingle Creek greenstrip easement area; on the east by the
Schmitt Music property; on the south by Freeway Boulevard with I -94 right -of -way on the
opposite side; and on the west by the Shingle Creek Plaza 11 office /industrial building.
T.G.I.Friday's, Inc. has reached an agreement with the owner of this property to purchase the
property for development of a County Inn and Suites Hotel along with a T.G.I.Friday's
Restaurant and another yet undetermined restaurant on the site. Restaurant and hotel uses are not
acknowledged uses in the I -1 zoning district. Up until 1990, restaurants and hotels were
• acknowledged special uses in the I -1 zoning district and could be authorized through the granting
of a Special use Permit. In 1990, the City rezoned property in this area to C -2 and removed the
special use provisions from the I -1 zoning district uses. Also, about the same time, the City
established the Planned Unit Development process to, among other things, promote flexibility in
land development and redevelopment. A concern on the part of the City at that time was that
convenience food restaurants and some other uses were inappropriate for development on
particular properties within the I -1 zoning district. The City was not necessarily opposed to
restaurant or hotel uses at this location, but was concerned that the Special Use Permit process
would not protect the interests and concerns of the City. The PUD process was considered
appropriate for considering anything other than light industrial or service /office land uses for I -1
zoned property. It should be noted that the City has recently rezoned property east of Shingle
Creek to PUD/I -1 to acknowledge the interrelated development and parking concerns of various
uses in the area. That PUD/I -1 zoning designation also authorizes a hotel use on part of that
property. Also, the City Council in 1994 approved a Planned Unit Development rezoning to
PUD/I -1 for the development at the northwest corner of Freeway Boulevard and Shingle Creek
Parkway for a Country Harvest Buffet Restaurant. That proposal has not gone forward, however,
the PUD /I -1 zoning designation has been established for such a use and authorized under that
PUD approval
A Planned Unit Development proposal involves the rezoning of land to the PUD designation
followed by an alpha numeric designation of the underlying zoning district. This underlying
• 7 -25 -96
Page 1
zoning district provides the regulations governing uses and structures within the Planned Unit
Development. The rules and regulations governing that district ( in this case I -1) would apply to
the development proposal. One of the purposes of the PUD district is to give the City Council
the needed flexibility in addressing redevelopment problems. Regulations governing uses and
structures may be modified by conditions ultimately imposed by the City Council on the
development plans. The Planning Commission's attention is directed to Section 35 -355 of the
City's Zoning Ordinance which addresses Planned Unit Developments (attached).
REZONING
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning
procedures outlined in Section 35 -210 of the Zoning Ordinance as well as the City's rezoning
evaluation policy and review guidelines contained in Section 35 -203. The policy and review
guidelines are attached for the Commission's review.
Mr. Phillip Trice on behalf of T.G.I.Friday's has submitted a letter describing the proposal and
generally commenting how they believe the proposal meets the City's rezoning evaluation policy
and review guidelines. In summary, Mr. Trice, indicates that they believe their proposed
development offers community services in the creation of jobs and additional tax base associated
with their proposed development. He notes that the restaurants will provide a fun, friendly
atmosphere in which residents can dine at a reasonable price and the hotel will bring in additional
people into our community. He notes that the development will accommodate sufficient parking
to meet all zoning requirements and the plan will not disturb the flood plain or protected wetland
areas at the rear of the site. He notes that all watershed requirements and storm water retention
as well as grading and site plans will meet City requirements and other jurisdiction requirements
prior to building permits. He also notes that the image of the hotel and restaurants projected to
the freeway will be a better image given to passersby of the City and that the subject property is
better suited for restaurants and a hotel than for factories or industrial development. He believes
the proposed development is compatible with adjacent properties and the surrounding area and
will blend in and mix well with surrounding properties. He concludes that the T.G.I.Friday's and
Country Inn Suites Hotel would be a project in the best interest of the community. The
following is a staff review of the rezoning evaluation policy and review guidelines contained in
the Zoning Ordinance as they relate to the applicant's comments and their proposal.
A. Is there a clear and public need or benefit?
We believe the public benefit of such a development is the utilization of this land in a
manner consistent with the development criteria established by the City. It is not
anticipated that this development will be a detriment to the community but, on the
other hand, be a positive factor providing restaurant and hotel services to the business
and people in the immediate Brooklyn Center area.
7 -25 -96
Page 2
B. Is the proposed zoning consistent with and compatible with surrounding land
use classifications?
We believe, as will be noted later in this report, that the development of the
T.G.I.Friday's and Country Inn and Suites Hotel can be considered consistent and
compatible with surrounding land use classifications. This area does have other
restaurants and hotels and there is a large employment base surrounding this area that
can make use of such facilities. We believe the site layout, landscaping, parking and
other physical features are compatible with surrounding land uses.
C. Can all permitted uses in the proposed zoning district be contemplated for the
development of the subject property?
We believe that all permitted uses and proposed uses can be contemplated for
development in the proposed Planned Unit Development zoning district if this
proposal is accepted. It should also be noted that the development of this site as
proposed will not have adverse affect on developing the remaining parcels in the
industrial park zone. We look for a compatible development, as a possible Planned
Unit Development, for the triangular shaped parcel that is vacant and across Freeway
Boulevard from this property.
• D. Have there been substantial physical or zoning classification changes in the area
since the subject property was zoned?
As mentioned previously, zoning classification changes were made in order to rule
out some land uses that the City believed were inappropriate for the industrial park
area and this site. The uses being proposed in this Planned Unit Development are not
considered inappropriate and, therefore, can be considered. The PUD process is
believed to be an appropriate vehicle for considering such uses.
E. In the case of City initiated rezoning proposals, is there a broad public purpose
evident?
This evaluation criteria is not applicable.
F. Will the subject property bear fully the ordinance development restrictions for
the proposed zoning districts?
We believe the subject property should bear fully the ordinance development
• 7 -25 -96
Page 3
• restrictions for this PUD/1 -1 proposal based on findings which will need to be made
by the City and a development agreement between the City and the developer which
will address any issues and will acknowledge the site plan as part of this development
agreement.
G. Is the subject property generally unsuited for uses permitted in the present
zoning district, with respect to size configuration, topography or location?
The site in question is not unsuited for development as an I -1 (Industrial Park) use. It
has, however, long been believed that this particular site should be used for a more
intense development than a light industrial manufacturing type use and a type of use
that needs good visibility along the freeway. The proposed two restaurants and hotel
use is believed to be an appropriate use of the property. The likelihood of
service/office or light industrial development in this area in the next few years is
remote.
H. Will the rezoning result in the expansion of a zoning district warranted by: 1.
Comprehensive planning; 2. Lack of developable land in a proposed zoning
district; 3. The best interests of the community?
It is believed that the creation of a PUD/I -1 zoning district in this area provides for the
• necessary flexibility in dealing with development issues for this site. The proposed
development, in our opinion, is in the best interest of the community and is not in
conflict with the City's comprehensive plan.
I. Does the proposal demonstrate merit beyond the interest of an owner or owners
of an individual parcel?
The proposal appears to have merit beyond only the interest of the particular property
owner and will lead to an upgrading in the site and the physical characteristics in this
area as well.
SITE AND BUILDING PLAN PROPOSAL
The proposed plan calls for a 299 seat, 6,880 sq. ft. T.G.I.Friday's Restaurant and a future 250
seat, 6,400 sq. ft. restaurant that would be attached to and located on either side of a three store,
85 unit Country Inn and Suites Hotel. The hotel would have an approximate 16,400 sq. ft.
footprint and be approximately 45,000 sq. ft. in total area.
ACCESS/PARKING
Access to the site would be gained via two direct accesses located off Freeway Boulevard, one
• 7 -25 -96
Page 4
• close to the main entrance to the hotel and the future restaurant site and the other somewhat
westerly of the T.G.I.Friday's Restaurant. A shared access with the Shingle Creek Plaza II
building is located along the west property line for this site. The buildings will be generally
located in the center of the site with parking surrounding the buildings. The plan provides 493
parking spaces. The required parking for this site is 157 spaces for Friday's (299 seats and 13
employees at the maximum shift - one space for every two seats and two employees); 94 spaces
for the Country Inn (85 units and 9 employees - one space for each unit and one space for each
employee on any one shift); and 130 spaces for the future restaurant (250 seats and ten
employees - one space for every two seats and two employees). A total of 381 stalls are required
by the ordinance. A surplus of parking will, therefore, exist. There are 24 handicap parking
spaces shown on the plan, which are located close to the main entrances to the various buildings.
Handicap spaces are also located to the rear of the hotel building as well.
GRADNG/DR.ANAGE/UTILITIES
The site is affected by both wetland and flood plain in areas adjacent to Shingle Creek. The
wetland has been identified and is delineated on the plan. The 100 year flood elevation is also
shown on the plan and is at 844.5 ft. in this area. The applicant's revised drainage plan does not
contemplate any encroachment into the wetland area. A ponding area is proposed northerly of
the proposed parking lot over the westerly half of the site. It should be noted that 4.84 acres of
this 13.09 acre site is wetland. A storm drainage and water management plan has been submitted
to and approved by the Shingle Creek Watershed Management Commission. Drainage from the
site will be through 16 catch basins at various locations on the site and then conveyed via storm
sewer to the holding pond. B -612 curb and gutter is required around all driving and parking
areas and should be so noted on the plan.
Currently there is a 20 ft. wide sanitary sewer easement, containing a 15 inch sanitary sewer
running through the approximate center of the site. This sewer will be relocated and the existing
easement vacated. A new 20 ft. sanitary sewer easement will be located next to the Freeway
Boulevard right -of -way and along a portion of the westerly property line where the new 15 inch
sanitary sewer line will be installed. The easement area will encompass most of the 15 ft.
greenstrip required along Freeway Boulevard.
Sanitary sewer will be provided separately to the three buildings. An 8 inch water line will loop
around the outside of Friday's and the Country Inn buildings and then go between the Country
Inn and the future restaurant site. Connections will be made separately to the three buildings at
various locations.
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system. The
plan indicates a variety of plantings including shade trees, decorative trees, coniferous trees and
7 -25 -96
Page 5
shrubs with a point value of 763 landscape points. The point requirement for this 13.09 acre site
is 763.6 points. The applicant asks for additional consideration for ground cover plants which no
points are allocated for and existing trees to the north of the site which will remain. This appears
to be a reasonable request.
The plantings that are to be provided include eight Emerald Queen Norway Maples located on
either side of the entrances to the site and at the southeast and southwest corners. Eight
Marshall's Seedless Ash are provided on the northerly portion of the property. Fourteen
Greenspire Linden are provided in the Freeway Boulevard greenstrip and along the easterly
property line. Eight Shademaster Honeylocust are located closer to and surrounding the
buildings. Eight River Birch and twelve Amur Maple are decorative trees located around the
perimeter of the buildings. The plan calls for 50 Black Hills Spruce at various locations around
the building, the greenstrip and parking lot island areas but only 40 are shown on the plan. The
plan should, therefore, be modified to indicate the location of the other ten required Black Hills
Spruce. The plan also calls for over 100 shrubs generally around the perimeter of the building.
These shrubs include Compact American Cranberry, Seagreen Juniper, Anthony Waterer Spirea,
Grow Low Fragrant Sumac, and Variegated Hosta. The plan calls for sod in the greenstrip areas
and to the north of the parking lot. Sod is also to be provided in the grassy landscape areas
around the perimeter of the building. Underground irrigation is required for all landscaped areas
and the plan so notes this requirement.
BUILDING
G
The building elevations indicate the exterior of the County Inn and Suites Hotel to be vinyl lap
siding. An approximate 10 ft. by 50 ft. wood porch is located at the front entrance to the
building and the rear of the building features an enclosed pool area with aluminum store front
type windows. The roof is asphalt shingles. The T.G.I.Friday's building exterior is a
combination of brick and a drive -it material. Aluminum store front windows are provided on all
sides but the rear of the building and a vinyl canopy is over the windows. The exterior for the
connecting link between Friday's and the County Inn is made up of aluminum store front
windows and a metal roof. No building elevations are available for the future restaurant and that
plan will have to be submitted for future review by the Planning Commission. The main floor of
the County Inn will include a porch as previously mentioned and a carport canopy drop off area.
The lobby includes a front desk, office areas and a breakfast room. A pool area with whirlpool is
located to the rear of the building on the main floor.
LIGHTING /TRASH
The site plan does not indicate site lighting for the development. Our main concern, as always, is
that lighting comply with the provisions of Section 35 -712 of the Zoning Ordinance which
. 7 -25 -96
Page 6
® requires that all exterior lighting be provided with lenses, reflectors or shades so as to concentrate
illumination on the property. This section of the ordinance also requires that no glare shall
emanate from, or be visible beyond, the boundaries of the p remises.
Trash enclosure areas are indicated to the rear of the Friday's restaurant and the future restaurant.
No trash enclosure area is indicated for the Country Inn. No material is indicated with respect to
the screening device for the trash enclosure. Such a device should be compatible with the
building exterior. The applicant should respond by indicating the type of material to be
provided.
PROCEDURE
This PUD/I -1 proposal, as previously mentioned, is a rezoning with a specific development plan.
As such, it must go through the normal rezoning process. Generally, rezonings are referred to a
Neighborhood Advisory Group. In this case, the Planning Commission is the Advisory Group
for this industrial park area. A public hearing has been scheduled and notices have appeared in
the Brooklyn Center Sun/Post and have been sent to neighboring property owners. It appears
that with some clarification, the Planning Commission should be able to make a recommendation
with respect to this plan at Thursday evening's meeting.
All in all, the staff believes the plans are in order and a draft Planning Commission Resolution
• will be prepared and presented to the Planning Commission for consideration at Thursday
evening's meeting. This resolution will outline the Planning Commission's consideration of this
matter and also cite recommended considerations for recommending approval of the PUD
rezoning as well as a set of conditions which will be included with the approval. Any
recommendatin should cite the rationale for the rezoning approval and should include at least the
following conditions of approval:
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.
4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment
shall be appropriately screened from view.
7 -25 -96
Page 7
® 5. The buildings are to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all 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.
11. The plans shall be modified to provide the following:
a. The location of ten additional Black Hills Spruce trees on the landscape plan.
b. The location of parking lot and building exterior lighting to be in compliance with
Section 35 -712 of the City Ordinances.
c. A detailed plan indicating the screening for the trash facilities including materials
to be utilized.
12. All work performed and material used for construction of utilities shall conform to the
City of Brooklyn Center' current standard of specifications and details.
13. The applicant shall enter into a development agreement with the City of Brooklyn
Center to be reviewed and approved by the City Attorney, prior to the issuance of
building permits.
7 -25 -96
Page 8
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• Section 35 -355 PLANNED UNIT DEVELOPMENT.
Subdivision
1. Purpose.
The purpose of the Planned Unit Development (PUD) district is to promote
flexibility in land development and redevelopment, preserve aesthetically
significant and environmentally sensitive site features, conserve energy and
ensure a high quality of design.
Subdivision 2. Classification of PUD Districts; Permitted Uses; Applicable
Regulations.
a. Upon rezoning for a PUD, the district shall be designated by the letters
"PUD" followed by the alphanumeric designation of the underlying zoning
district which may be either the prior zoning classification or a new
classification. In cases of mixed use PUDs, the City Council shall,
whenever reasonably practicable, specify underlying zoning
classifications for the various parts of the PUD. When it is not
reasonably practicable to so specify underlying zoning classifications,
the Council may rezone the district, or any part thereof, to "PUD -
MIXED."
b. Regulations governing uses and structures in PUDs shall be the same as
those governing the underlying zoning district s:.bject to the following:
1. Regulations may be modified expressly by conditions imposed by the
• Council at the time of rezoning to PUD.
2. Regulations are modified by implication only to the extent necessary
to comply with the development plan of the PUD.
3. In the case of districts rezoned to PUD- HLXED, the Council shall
specify regulations applicable to uses and structures in various
parts of the district.
C. For purposes of determining applicable regulations for uses or
structures on land adjacent to or in the vicinity of the PUD district
which depend on the zoning of the PUD district, the underlying zoning
classification of PUD districts shall be deemed to be the zoning
classification of the district. In the case of a district zoned PUD -
KIXED, the underlying zoning classification shall be deemed to be the
classification which allows as a permitted use any use which is
permitted in the PUD district and which results in the most restrictive
regulation of adjacent or nearby properties.
Subdivision 3 Development Standards.
a. A PUD shall have a minimum area of one acre, =acludng land included
within the floodway or flood fringe overlay districts and excluding
existing rights -of -way, unless the City finds that at least one of the
following conditions exists:
r
35 -355
• 1. There are unusual physical features of the property or of the
surrounding neighborhood such that development as a PUD will conserve
a physical or terrain feature of importance to the neighborhood or
community;
2. The property is directly adjacent to or across a public right -of -way
from property which previously was developed as a PUD and the new PUD
will be perceived as and function as an extension of that previously
approved development; or
3. The property is located in a transitional area between different lard
uses and the development will be used as a buffer between the uses.
b. Within a PUD, overall density for residential developments shall be
consistent with Section 35 -400 of this ordinance. Individual buildings or
lots within a PUD may exceed these standards, provided that density for
the entire PUD does not exceed the permitted standards.
C. Setbacks, buffers and greenstrips within a PUD shall be consistent with
Section 35 -40.0 to 35 -414 and Section 35 -700 of this ordinance unless the
developer can demonstrate to the City's satisfaction that a lesser
standard should be permitted with the addition of a screening treatment or
other mitigative measures.
d. Parking provided for uses within a PUD shall be consistent with the
• parking requirements contained in Section 35 -704 of this ordinance unless
the developer can demonstrate to the City's satisfaction that a lesser
standard should be permitted on the grounds of the complementarity of peak
parking demands by the uses within the PUD. The City may require
execution of a restrictive covenant limiting future use of the property to
those uses which will continue this parking complementarity, or which are
otherwise approved by the City.
Subdivision 4. General Standards.
a. The City may allow more than one principal building to be constructed on
each platted lot within a. PUD.
b. A PUD which involves only one land use or a single housing type may be
permitted provided that it is otherwise consistent with the purposes and
objectives of this section.
C. A PUD may only contain uses consistent with the City's Comprehensive Plan.
d. All property to be included within a PUD shall be under unified ownership
or control or subject to such legal restrictions or covenants as may be
necessary to ensure compliance with the approved development plan and site
plan.
•
SJ - 355
• e. The uniqueness o_= each PUD requires that hat spec_cat_ons and standards
for streets, utilities, public facilities and the approval of land
subdivision may be subject to modifications from the City Ordinances
generally governing them. The City Council -gay, therefore, approve
streets, utilities, public facilities and land subdivisions which are
not in compliance with usual specifications or ordinance requirements
where it is found that such are not required in the interests of the
residents or of the City.
Subdivision 5. Application and Review.
a. Implementation of a PUD shall be controlled by the development plan.
The development plan may be approved or disapproved by the City Council
after evaluation by the Planning Commission. Submission of the
development plan shall be made to the Director of Planning and
Inspection on such forms and accompanied by such information and
documentation as the City may deem necessary or convenient, but shall
include at a minimum the following:
I. Street and utility locations and sizes;
2. A drainage plan, including location and size of pipes and water
storage areas;
3. A grading plan;
4. A landscape plan;
5. A lighting plan;
6. A plan for timing and phasing of the development;
7. Covenants or other restrictions proposed for the regulation of the
development;
8. A site plan showing the location of all structures and parking
areas;
9. Building renderings or elevation drawings of all sides of all
buildings to be constructed in at least the first phase of
development; and
10. Proposed underlying zoning classification or classifications.
Such information may be in a preliminary form, but shall be sufficiently
complete and accurate to allow an evaluation of the development by the
City.
�5 -355
•
b - The Planning Commission shall hold a public hearing on the development
plan. Notice of such public hearing shall be published in the official
newspaper and actual notice shall be mailed to the applicant and
adjacent property ovrers as required by Section 35 -210 of this
ordinance. The Planning Commission shall review the development plan
and make such recommendations as it deems appropriate regarding the plan
within the time limits established by Section 35 -210 of this ordinance
C. Following receipt of the recommendations of the Planning Commission, the
City Council shall hold such hearing as it deems appropriate regarding
the matter. The City Council shall act upon the development plan within
the time limits established by Section 35 -210 of this ordinance.
Approval of the development plan shall constitute rezoning of the
property to PUD and conceptual approval of the elements of the plan. In
addition to the guidelines provided in Section 35 -208 of this ordinance,
the City Council shall base its actions on the rezoning upon the
following criteria:
1. Compatibility of the plan with the standards, purposes and intent of
this section;
2. Consistency of the plan with the goals and policies of the
Comprehensive Plan;
• 3. The impact of the plan on the neighborhood in which it is to be
located; and
4. The adequacy of internal site organization, uses, densities,
circulation, parking facilities, public -Facilities, recreational
areas, open spaces, and buffering and landscaping.
The City Council may attach such conditions to its approval as it may
determine to be necessary to better accomplish the purposes of the PUD
district.
d. Prior to construction on any site zoned PUD, the developer shall seek
plan approval pursuant to Section 35 -230 of this ordinance. In addition
to the information specifically required by Section 35 -230, the
developer shall submit such information as may be deemed necessary or
convenient by the City to review the consistency of the proposed
development with the approved development plan.
The plan submitted for approval pursuant to Section 35 -230 shall be in
substantial compliance with the approved development elan. Substantial
compliance shall mean that buildings, parking areas and roads are in
essentially the same Location as previously aporoved• the number of
dwelling units, if any, has not increased or decreased by more than 5
percent; the floor area of nonresidential areas has not been increased
or decreased by more than 5 percent; no building has been increased in
• the number of floors; open space has not been decreased or altered from
its original design. or use, and lot coverage of any individual building
has not been increased or decreased by more than 10 percent.
3 353
e. Prior to construction on any site zoned PUD, the developer shall execute
a development agreement in a form satisfactory to the City.
f. Applicants may combine development plan approval with the plan approval
required by Section 35 -230 by submitting all information required for
both simultaneously.
g. After approval of the development plan and the plan approval re b
Section 35 -230, nothing shall be constructed on the site and no building
permits shall be issued except in conformity with the approved plans.
h. If within 12 months following approval by the City Council of the
development plan, no building permits have beer. obtained or, if within
12 months after the issuance of building permits no construction has
commenced on the area approved for the PUD district, the City Council
may initiate rezoning of the property.
i. Any major amendment to the development plan may be approved by the City
Council following the same notice and hearing procedures specified in
this section. An amendment shall be considered major if it involves any
change greater than. that permitted by subdivision 5d of this section.
Changes which are determined by the City Council to be minor may be made
if approved by the Planning Commission of ter such notice and hearing as
may be deemed appropriate by the Planning Commission.
r
•
Section 35 -208 REZONING EVALUATION POLICY AND REVIEW GUIDELINES.
46 Purpose
The City Council finds that effective maintenance of the comprehensive planning and land use
classifications is enhanced through uniform and equitable evaluation of periodic proposed changes to
this Zoning Ordinance; and for this purpose, by the adoption of Resolution No. 77 -167, the City
Council has established a rezoning evaluation policy and review guidelines.
2. Policy
It is the policy of the City that: A. Zoning classifications must be consistent with the
Comprehensive Plan, and, B. Rezoning proposals will not constitute "spot zoning ", defined as a
zoning decision, which discriminates in favor of a particular landowner and does not relate to the
Comprehensive Plan or to accepted planning principles.
3. Procedure
Each rezoning proposal will be considered on its merits, measured against the above policy and
against these guidelines, which may be weighed collectively or individually as deemed by the City.
4. Guidelines
A. Is there a clear and public need or benefit?
• B. Is the proposed zoning consistent with and compatible with surrounding land use classifications?
C. Can all permitted uses in the proposed zoning district be contemplated for development of the
subject property?
D. Have there been substantial physical or zoning classification changes in the area since the subject
property was zoned?
E. In the case of City-initiated
rezonin proposals, g p posals, is there a broad public purpose evident?
F. Will the subject property bear fully the ordinance development restrictions for the proposed zoning
districts?
G. Is the subject property generally unsuited for uses permitted in the present zoning district, with
respect to size, configuration, topography or location?
H. Will the rezoning result in the expansion of a zoning district, warranted by: 1. Comprehensive
planning; 2. The lack of developable land in the proposed zoning district; or, 3. The best
interests of the community?
I. Does the proposal demonstrate merit beyond the interests of an owner or owners of an individual
parcel?
Section 35 -208
Revised 2 - 95
EVERYONE LOOKS FORWARD TO
FR IDAYS
14 June 1996
Mr. Ronald A. Warren, Planning and Zoning Specialist
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430 -3494
RE: TGI Friday's Restaurant #0204, country Inn and Suites #02810
Rezoning Evaluation
Ronald:
TGI Friday's has reached an agreement with the owner of Tract C, Parcel 4, Registered Land Survey No
1377, Hennepin County MN to purchase said property for development of a hotel and 2 restaurants.
Present zoning of the property is industrial 1. In order to finalize our Agreement with the property
owner, the property will need to be rezoned for hotel and restaurant use. As I understand, a Planned
Unit Development (PUD) will allow such uses with alcohol service. It is our intent to apply for and be
added to the docket for the 25 July Planning Commission Meeting. While closing depends on our being
• able to receive a building permit for the development - Rezoning is critical to that need.
Our proposed development offers community services for your city in the creation of jobs and
additional tax bases. While the restaurants will provide a fun, friendly atmosphere in which your
residence can dine at a reasonable price, the hotel will bring additional people into your community
whom may not have come to Brooklyn Center otherwise.
The proposed development will accommodate sufficient parking to meet all zoning for specified uses. It
does not disturb the flood P lane protects the wetlands at the rear of the site will meet all watershed
requirements and storm water retention. All grading and site plans will meet with city requirements
prior to receiving a building permit.
The present industrial zoning allows construction of factories and industrial buildings that can be seen
from such a heavily traveled highway and may not be the image you want to give all passersby of your
city. The subject property is better suited for PUD which would allow restaurants and hotels than for
factories. The proposed development is compatible with adjacent properties and surrounding area and
will blend in and mix well with the hotels on surrounding properties.
We, here at TGI Friday's and Country Inn and Suites Hotels feel the rezoning would be in the best
interests of the community and respectfully request your help in presenting our case to the Planing
Commission and City Council.
Sincerely,
I.LL� c , U•Gu �..
Philip , eJ Project Manager
C.C. Donald Brundage / Architect PC
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• adoption: Member introduced the following resolution and moved its
RESOLUTION NO.
RESOLUTION REGARDING DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 96012 SUBMITTED BY
T.G.I. FRIDAY'S, INC.
WHEREAS, Planning Commission Application No. 96012 submitted by T.G.I.
Friday's, Inc. proposes rezoning from I -1 (Industrial Park) to PUD /I -1 of a 13.09 acre parcel
of land legally described as Tract C, RLS 1377, located north of Freeway Boulevard between
the properties addressed as 2400 and 2700 Freeway Boulevard; and
WHEREAS, this proposal comprehends the Rezoning of the above mentioned
parcel and Site and Building Plan approval for a hotel and two restaurants on the
aforementioned site; and
WHEREAS, the Planning Commission held a duly called public hearing on July
25, 1996 when a staff report and public testimony regarding the Rezoning and Site and
Building Plan were received; and
• WHEREAS, the Planning Commission recommended approval of Application
No. 96012 by adopting Planning Commission Resolution No. 96 -1; and
WHEREAS, the City Council considered Application No. 96012 at its August
12, 1996 meeting; and
WHEREAS, the City Council has considered the Rezoning and Site and
Building Plan request in light of all testimony received, the guidelines for evaluating rezonings
contained in Section 35 -208 of the City Zoning Ordinance, provisions of the Planned Unit
Development ordinance contained in Section 35 -355 and the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that Application No. 96012 submitted by T. G. L Friday's, Inc. be approved
in light of the following considerations:
1. The Rezoning and Planned Unit Development proposal are compatible with the
standards, purposes and intent of the Planned Unit Development section of the
City's Zoning Ordinance.
2. The Rezoning and Planned Unit Development proposal will allow for the
utilization of the land in question in a manner which is compatible with,
• complimentary to and of comparable intensity to adjacent land uses as well as
those permitted on surrounding land.
• 3. The utilization of the property as proposed under this Rezoning and Site and
Building Plan will conform with city ordinance standards and is considered a
reasonable use of the property.
4. The Rezoning and Planned Unit Development proposal are considered
compatible with the recommendations of the City's Comprehensive Plan for this
area of the City.
5. The Rezoning and Site and Building Plan appear to be a good long range use of
the existing land and an asset to the community.
6. In light of the above considerations, it is believed that the guidelines for
evaluating rezonings as contained in Section 35 -208 of the City's Zoning
Ordinance are met and that the proposal is, therefore, in the best interest of the
community.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to
approve Application No. 96012 be subject to the following conditions and considerations:
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.
4. Any outside trash disposal facilities and rooftop or on- ground mechanical
equipment shall be appropriately screened from view.
5. The buildings are to be equipped with an automatic fire extinguishing system to
meet NFPA standards and shall be connected to a central monitoring device in
accordance with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed on 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 roP e �Y owner shall enter into an easement and agreement for maintenance
P
and inspection of utility and storm drainage systems, prior to the issuance of
permits.
11. The plans shall be modified to provide the following:
a. The installation of ten additional Black Hills Spruce Trees on the
landscape plan.
b. A detailed lan indicating the screening for the trash facilities including
materials to be utilized.
12. All work performed and materials used for construction of utilities shall
conform to the City of Brooklyn Center current standard specifications and
details.
13. The applicant shall enter into a development agreement with the City of
Brooklyn Center to be reviewed and approved by the City Attorney prior to the
issuance of building permits.
14. Stop signs shall be installed at the entrances /exits to the site as prescribed in the
• Uniform Manual for Traffic Control Signs.
BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center to
authorize the Mayor and the City Manager to execute said development agreement on behalf of
the City.
Date Mayor
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
• CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of
1996 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall,
6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the
zoningi classification of certain land.
Auxiliary aids for persons with disabilities area vailable upon request at least 96 hours in
advance. Please contact the City Clerk at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND. (T. G. L
FRIDAY'S /COUNTRY INN AND SUITES).
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby
amended in the following manner:
• Section 35 -1200. INDUSTRIAL PARK DISTRICT (1 -1). The following properties are
hereby established as being within the (I -1) Industrial Park District zoning classification:
Tracts A, B, [C,] D and E, R.L.S. No. 1377.
Section 5- 40. I DEVELOPMENT DISTRICT PUD . The
i 3 12 PLANNED UNIT D O )
(
following properties are hereby established as being within a (PUD) Planned Unit Development
zoning classification:
3. The following properties are designated as PUD/I -1 (Planned Unit
Development/Industrial Park):
Tract C. R.L.S. No. 1377
Tracts A, B, and C, R.L.S. No. 1564.
Tracts A, B, C, and G, R.L.S. No. 1572.
Tracts A and B, R.L.S. No. 1619.
Section 2. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
• Adopted this day of , 1996.
Mayor
ATTEST:
Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted
•
•
MEMORANDUM
DATE: July 23, 1996
TO: Ron Warren, Planning and Zoning Specialist
FROM: Scott Brink, City Engineer
SUBJECT: PROPOSED SITE PLAN - FREEWAY BOULEVARD - COUNTRY INN AND
FRIDAY'S RESTAURANT
A review of the proposed site plan has been conducted. The plans reviewed were prepared by the firm
of Landform Engineering Company, dated June 27, 1996. A revised grading plan, dated July 8, 1996
was also received and reviewed. The following review comments are offered:
1. The proposed project involves the construction of a Country Inn Hotel, a TGI Friday's
Restaurant, and an additional restaurant on a site of approximately 13 acres. Because of the
property size and its adjacent location to Shingle Creek and a protected wetland, the plan has
been reviewed and approved by the Shingle Creek Watershed Management Commission,
subject to the following conditions:
A. Submittal of a revised outlet detail with corrected elevation references.
•
B. Submittal of a legal document granting easements to the City over ondin areas
II tY Q 1' L ,
wetlands, and the 100 -year flood plain.
C. Submittal of an Operation and Maintenance Plan which will maintain the outlet control
structure and permanent pool in the storm water treatment pond. The plan shall be
provided to the City in the form of a recordable agreement that assures the designated
operation and maintenance procedures will be faithfully executed.
2. The grading limits of the plan have been revised to avoid any impacts to wetland areas. The
plan does propose some amount of filling to occur within the 100 year flood plain. However, it
appears that compensating storage volume has been adequately provided for by the proposed
detention and ponding area.
3. A 16 inch diameter trunk sanitary sewer currently traverses through the center of the site. In
order for the proposed building plan to occur, this sewer must be relocated. The plans and
references indicate that the relocation has already been completed. No sewer relocation work
has been performed or even commenced at this time. It is likely that the sewer could be
relocated to an alignment along the right of way of Freeway Boulevard. The property
owner /applicant would be required to grant an easement for this relocation to occur.
4. Two access driveways to Freeway Boulevard have been proposed, along with an additional
access to the adjacent private driveway along the west side of the property. The applicant shall
• be responsible for acquiring any access easements as required.
. 5. A utility plan has been submitted for the site. Adequate looping of an 8 inch diameter water
main through the site has been proposed from existing main on Freeway Boulevard. All 90
de water bends should be revised to be two 45 degree bends. Domestic and fire service
needs and requirements, including hydrant locations must also be reviewed and approved by
City Fire and Building officials. All hydrants shall be Waterous WB59 in accordance with City
standards.
Sanitary sewer service is also shown, and proposed to be connected to the proposed relocated
sanity sewer main along Freeway Boulevard previously described scribed above.
g Y P Y The connections
and invert elevations provided on the plan do not appear to be correct and should be revised
accordingly. The applicant/property owner will be responsible for all utility connections,
relocations, and hook ups as needed.
Storm sewer is also provided on the plan and appears to provide adequate drainage for the site.
An erosion control plan has also been provided and must be established and adhered to at all
times throughout construction.
5. The applicant /property owner will be responsible for any subgrade /geotechnical issues that may
exist or arise during the course of grading and /or construction.
6. Landscaping, and si nage t e -
on he property must consider appropriate riate st ht li e visibilities
sight-line safety ist
P� g� P P rtY PP P � tY
as required.
7. All curbing on the proposed plan shall be concrete curb and gutter, iVln/Dot B612.
qc'
•
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning and Zoning Specialist
Subject: City Council Consideration Item - Planning Commission Application No. 96013
Date: August 5, 1996
On the August 12, 1996 City Council Agenda is Planning Commission Application No. 96013
submitted by the Cross of Glory Lutheran Church requesting Site and Building Plan approval
and a Special Use Permit to construct a 6,810 sq. ft. fellowship hall addition to the Cross of
Glory Lutheran Church, 5929 Brooklyn Boulevard.
Attached for your review are copies of the Planning Commission Information Sheet for
Application No. 96013 containing an area map showing the location of the property under
consideration and various site and building plans for the proposed development. Also attached
are the Planning Commission minutes relating to the Commission's consideration of this matter.
This matter was considered by the Planning Commission at their July 25, 1996 meeting and
following review and public hearing, was recommended for approval.
It is recommended that the City Council, following consideration of this matter, approve the
application subject to the conditions recommended by the Pl`ai ring Commission.
•
Planning Commission Information Sheet
Application No. 96013
Applicant: Cross of Glory Lutheran Church
Location: 5929 Brooklyn Boulevard
Request: Site and Building Plan/Special Use Permit
The applicant requests Site and Building Plan approval and a Special Use Permit to construct a
6,810 sq. ft. addition to the Cross of Glory Lutheran Church located at 5929 Brooklyn
Boulevard. The new addition would be for a fellowship hall, kitchen and entrance to the church.
They also propose some remodeling to add bathrooms and a new elevator.
The property in question is zoned R -1 (One Family Residence) and is bounded on the north by
Admiral Lane; on the east by Brooklyn Boulevard and C -1 zoned property including the
Brookdale West Professional Building (5901 Brooklyn Boulevard) and a non - conforming single
family home at 5837 Brooklyn Boulevard; on the south by a single family home at 5830 Drew
Avenue North and 58 `/2 Avenue North; on the west by Ewing Avenue including three proposed
new single family lots and two existing single family homes at 5916 and 5920 Ewing Avenue
North. Churches are special uses in the R -1 zoning district.
The church has recently received preliminary plat approval (May 28, 1996) to subdivide their
property and create three new single family lots adjacent to Ewing and 58 % Avenue North.
They are pursuing the necessary procedures to receive final plat approval from the City Council
and then file the plat with Hennepin County. The site plan they have submitted with this
application is based on the creation of the three new single family lots proposed by that platting.
ACCESS/PARKING
Access to the site remains unchanged with the exception of the elimination of two accesses on
Ewing Avenue just north of 58 1 /z due to the creation of the three new lots with the platting. The
parking requirement for churches is one parking space for every three seats. The seating capacity
for the Cross of Glory Lutheran Church is 630 requiring 210 parking spaces. Approximately 17
parking spaces will be eliminated with the proposed expansion due to modifications to the
parking lot and drive lanes. A number of spaces will also be eliminated with the creation of the
single family lots. However, even with these modifications, the church will still have 224
parking spaces on site which exceeds the minimum parking required by city ordinance. The
fellowship hall expansion and other remodeling do not add to the parking requirement of the
church. It should be noted, that the church has the ability to, and does, utilize parking spaces at
the office building to the south. They have long had an agreement to mutually utilize parking on
the site which was acknowledged by the City in a Special Use Permit approximately 20 years
ago. The agreement requires chains to be utilized at two points in the parking lot during
weekdays to prevent office building traffic from utilizing church parking lot access to the west.
• 7 -25 -96
Page 1
• This arrangement will continue and the chains will be in the approximate same location.
Parking, based on the newly configured church parking lot and the existing parking arrangement,
should be more than adequate to meet the church's needs.
DRAINAGE/GRADING/UTILITIES
Little in the way of grading and drainage changes are being proposed. Alterations to the parking
and drive lanes near the new addition will be made as previously mentioned. New concrete curb
and gutter will be required around the drive lanes and parking spaces that are altered. The most
significant change has previously been reviewed with the Planning Commission as part of the
plat which created the three new single family lots at the southwest corner of the property. That
proposal is to provide storm sewer leading from a low spot in the lot to 58 1 /z Avenue. They are
also proposing to alter some of the established elevations along their west property line so as to
drain this area into the new storm sewer. A new green strip will be established in this area to
meet the minimum requirements contained in the zoning ordinance where R -1 zoned properties
abut with a more commercial type parking lot. This area will be a 15 ft. greenstrip and will be
landscaped in accordance with the plans that were submitted with the preliminary plat. This calls
for evergreen trees (Black Hills Spruce) to create solid landscape screening along this area.
With respect to utilities, the applicants will be utilizing existing service lines to the church to be
expanded to accommodate bathrooms and kitchen facilities that will be added.
® It should be noted that the site based on the subdivision is less than five acres and therefore no
Watershed Management Commission review is required. This has been confirmed with the
Shingle Creek Watershed Management Commission.
LANDSCAPING
The proposed landscape plan calls for new landscaping to supplement the existing landscaping
on the site. Fourteen Patmore Ash will be added, five along the Brooklyn Boulevard greenstrip,
three along the parking lot delineator leading to the new addition, one immediately south of the
new addition, two south of the existing building and two south of the drive in alandscaped area.
Five Norway Pine are proposed, three in the parking lot landscape area and two on a landscape
island. Fourteen Black Hills Spruce are to be utilized for screening of the new single family lots
and to supplement existing Black Hills Spruce to screen the existing home to the west of the
parking lot. Forty-four Common Lilac bushes are scheduled for the south end of the site, 29 on a
newly established green strip on 58 1 /z Avenue and 15 adjacent to neighboring properties. Six
Upright Arborvitae will be added to the southeast corner of the existing church building while a
new landscape scheme will be provided adjacent to the new fellowship hall and entrance
including four Japanese Tree Lilac, 22 Maney Juniper and 16 Snakeroot. Fourteen Hardy Roses
will be planted along the east building wall of the fellowship hall. Finally, 106 Fleece Flowers
will be planted in a sloping area south of the new addition and the existing building.
• 7 -25 -96
Page 2
• BUILDNG
The fellowship hall is the most significant addition to the church building. It has a peaked roof
with asphalt shingles. A view of the east elevation shows a series of three peaks with a fourth
peak for the new entrance to the church. The building exterior for the fellowship hall will be
stucco to match the existing church. New rock face brick will be in- filled along the west
elevation to match the existing brick of the church. As indicated, the addition is for a fellowship
hall, kitchen area and entrance. Also remodeling will include handicap accessible restrooms and
an elevator.
SPECIAL USE STANDARDS
As a special use in the R -1 zone, the church and any expansion is subject to the standards
contained in Section 35 -220, Subdivision 2 of the Zoning Ordinance (attached). Regarding
Standard A, we certainly do not believe the expanded fellowship hall will somehow be
detrimental to or endanger the public health, safety, morals or comfort. It should be a welcomed
addition to the church community. As to Standard B, the expanded facility should not be
injurious to the use and enjoyment of other property in the immediate vicinity, nor should it
adversely affect property values in the neighborhood. Landscape screening will be provided in
areas where new single family residential lots will be created and landscaping will supplement
screening of the existing abutting single family home. The elimination of two driveways on
Ewing Avenue may assist in eliminating, or cutting down on, some of the cut through traffic
through the church parking lot. As to Standard C, the proposed expansion will not impede
normal and orderly development and improvement of surrounding property. Finally, with
respect to Standard D, it is not anticipated that the addition will cause congestion in the public
streets.
A public hearing has been scheduled and notices have been sent.
RECOMMENDATION
Altogether, the proposal appears to be in order and approval is recommended subject to at least
the following conditions:
1. The Special Use Permit is granted for the expansion of the Cross of Glory Church for
a fellowship hall, kitchen and entry area. The use may not be altered or expanded
beyond the specific approval without being consistent with the City's zoning
regulations or a amendment to the Special Use Permit.
2. Building plans for the remodeling expansion project are subject to review and
approval by the Building Official with respect to applicable codes prior to the
issuance of permits.
r 7 -25 -96
Page 3
• I Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
4. 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.
5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be
appropriately screened from view.
6. The building addition 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 Ordinance as determined by the Building
Official.
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 replat of the property shall receive final approval by the City Council and filed
• with Hennepin County prior to the issuance of permits for this project.
10. The applicant shall submit an as -built survey of the property, improvements and
utility service lines, prior to release of the performance guarantee.
•
7 -25 -96
Page 4
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SeCtinn 3, -_- 3 ?EC:A- USE
2. Standards Ear Scec_al use Permits
A special use permit may be granted by the City Council after
demonstration by evidence that all of the following are met:
• (a) The establishment, maintenance or operation of the
special use will promote and enhance the general
welfare and will not be detrimental to or endanger
the public health, safety, morals, or comfort.
(b) The special use will not be injurious to the use
and enjoyment of other property in the immediate
vicinity or the e purposes already Permitted, Y p erm ed, nor
substantially diminish and impair property values
within the neighborhood.
(c) The establishment of the special use will not
impede the normal and orderly development and
improvement of surrounding property for uses
permitted in the district.
(d) Adequate measures have been or will be taken to
Provide ingress, egress and parking rkin
s
as to minimize traffic congestion in the e public
streets.
(e) The special use shall, in all other respects,
conform to the applicable regulations of the
district in which it is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may
impose such conditions and restrictions upon the establishment,
location, construction, maintenance and operation of the special
use as deemed necessary for the protection of the public interest
and to secure compliance with requirements specified in this ord-
• inance. In all cases in which special use permits are granted,
the City Council may require such evidence and guarantees as it
may deem necessary as part of the conditions stipulated in connec-
tion therewith.
4. Resubmission
No application for a special use permit which has been denied
by the City Council shall be resubmitted for a period of twelve
(12) months from the date of the final determination by the City
Council; except that the applicant may set forth in writing newly
discovered evidence of change g of condition upon which he relies to
gain the consent of the City Council for resubmission at an earlier
time.
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued pursuant to the pro-
visions of this ordinance, such permit shall expire without further
action by the Planning Commission or the City Council unless the
applicant or his assignee or successor commences work upon the sub -
ject property within one year of the date the special use permit is
granted, or unless before the expiration of the one year period the
applicant shall apply for an extension thereof by filling out and
submitting to the Secretary of the Planning Commission a "Special
Use Permit" application requesting such extension and y a ing an
additional fee of $15.00, p 9
Special use permits granted pursuant to the provisions of a
prior ordinance of Brooklyn Center shall expire within one year of
the effective date of this ordinance if construction upon the sub-
ject property pursuant to such special use permit has not commenced
within that time.
• Ln any instance where an existing and established special use
is abandoned for a period of one year, the
lated thereto shall special use permit re-
expire one year following the date of abandon-
ment.
08%02/96 FR 12:18 FAZ --- B- CENTER 2001
N IIN=S OF THE PROCEEDINGS OF THE PLANNNG CONMI SSION
OF THE CITY OF BROOKLYN CEINTER. N THE COUNTY OF
HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
JULY 25, 1996
CALL TO ORDER
The Planning Commission met in a study session and was called to order by Chair Willson at 7:30
p.m.
ROLL CALL
Chair Tim Willson, Commissioners Graydon Boeck, Donald Booth, Mark Holmes, and Dianne Reem
were present. Also present were Secretary to the Planning Commission Planning and Zoning
Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergf'alk
Commissioner Robert Mickelson was excused.
APPROVAL OF MJNUTES - JULY 11, 1996
There was a motion by Commissioner Boeck, seconded by Commissioner Reem, to approve the
minutes of the July 11, 1996 meeting as submitted The motion passed unanimously. Commissioners
• Booth and Holmes abstained.
CHAIRPERSONS EXPLANATION
Chair Willson explained the Planning Commission's role as an advisory body. One of the
Commission's functions is to hold public hearings. In the matters concerned in these hearings, the
Commission makes recommendations to the City Council. The City Council makes all final decisions
in these matters.
APPLICATION NO. 96010 (PHILLIPS 66 COMPAN)I
Chair Willson introduced Application No. 96009, a request from Phillips 66 Company, for a special
use permit/site and building plan, to construct a convenience store/gas station at 6901 Brooklyn
Boulevard, and Application No. 96010, a request for a variance from the Zoning Ordinance to allow
less than a 15' greenstrip along 69th Avenue North and along Brooklyn Boulevard, to accommodate
development of the site contemplated in Application No. 96009.
It was agreed that the Applications be considered concurrently including a combined public hearing.
(Because of discrepancies in Application No. 96009, both that Application and its companion
Application No. 96010 were tabled by the Commission at its 7 -11 -96 meeting.)
The Secretary presented the staff report for Application No. 96009. (See details in Planning
Commission Information Sheet for Application No. 96009 dated 7 -25 -96 attached). Mr. Warren used
overhead transparencies to show the location and site and buEding plans of the proposed convenience
• store/gas station to be operated by Phillips 66 Company. He explained that this application is based
7 -25 -96 1
08/02/96 FRI 12:18 FAX B- CENTER Z002
• on a special use permit and site and building plan approved by the City in 1993 for Phillips 66
Company, which the Applicant did not proceed with at that time.
A special use permit is required for the gas station/convenience store, therefore the plans must meet
specific standards. Mr. Warren described how the plan meets the standards and regulations of the
applicable Zoning Ordinances and stated that approval of Application No. 96010 for a variance from
the 15' greenstrip requirements is essential to this plan.
The City Engineer's report dated July 23, 1996 reviewing the proposed site plan was referenced. Mr.
Warren pointed out that alterations to the accesses as proposed in the plan must be completed
through a permit process with Hennepin County because Brooklyn Boulevard (C.R 152) and 69th
Avenue Northwest of Brooklyn Boulevard (C.R 130) are County roads. To date, formal comments
have not been received from Hennepin County with respect alterations proposed to the County
roadways bordering this site. The Engineer's report noted the access restrictions to the site that will
occur as a result of extended medians included in the scheduled 1998 reconstruction and widening
project on Brooklyn Boulevard and 69th Avenue North.
The staff recommends approval of Application No. 96009 subject to certain conditions and
considerations outlined in the information sheet dated 7- 25 -96.
The Secretary presented the staff report for Application No. 96010 requesting a variance from
Section 35 -700 of the City's Zoning Ordinance to allow less than a 15' greenstrip as part of the
Phillips 66 development described in Application No. 96009. (See details in Planning Cornrnission
Information Sheet for Application No. 96010 dated 7 -2 -96 attached.)
Mr. Warren stated the staff recommends approval of this application based on the precedent set by
the previously granted variance for a Phillips 66 application submitted in 1993. In addition, a
variance to allow for a greenstrip less than that required under the Ordinance was subsequently
granted for a property located at 6849 Brooklyn Boulevard. The recommendation for approval
acknowledges that the Applicant's parcel is irregularly shaped and denial of a variance would create
a hardship that prevents reasonable development of the property. Relying on the merits of the
previous approval, the applicant did not submit written comments with respect to this variance
request.
The Commissioners discussed several concerns regarding the application. These included parking,
landscaping, easements and rights -of -way for the roadway reconstruction, site entrances and exits,
traffic sight lines, the utility and storm drainage system, access alignment with an existing curb cut
and general traffic problems in the area. Mr. 'Warren responded to Commissioners' questions,
reviewed the background related to the previous approval of a site plan and variance for a similar
application from Phillips 66, and described the precedents previously set.
PUBLIC HEARING - APPLICATION NOS_ 96009 AND 96010
Chair Willson asked for a motion to open the public hearing on the requests submitted by Phillips 66
• Company for a special use permit/site and building plan and for a variance from the Zoning Ordinance
to allow less than a 15' greenstrip along 69th Avenue North and Brooklyn Boulevard. There was a
7 -25 -96 2
08/02/96 FRI 12:13 FA.1 B- CENTER 10003
• motion by Commissioner Booth, seconded by Commissioner Boeck to open the public hearing at 8:25
p.m. The motion passed unanimously.
Mr. John Bannigan, Jr., Attorney, St. Paul, MN, representing Phillips 66 Company, stated he had no
additional comments to the Secretary's presentations and introduced Messrs. William Anderson, Carl
McKee, and Robert Hardt, also present on behalf of Phillips 66. Mr. Bannigan stated that except for
confusion regarding condition 410, the Company accepts and agrees to the recommended conditions
attached to approval of its Application No. 96009 as outlined in the information sheet.
(Subsequently, Condition 910 in the 7 -25 -96 information sheet was deleted because it was determined
not applicable to the Application.) Construction is expected to begin 30 days after final approval with
completion in 3 months.
Mr. D. Lowrey, 6914 Lee Avenue North, stated that his property abuts the northwest corner of the
site. A gated chain link fence on the property Iine is in disrepair. Mr. Lowrey inquired what the
applicant intends to do with the fence. He noted that because the applicant's property is higher in
elevation than his property, debris slides on to his property.
Mr. 'Warren wre n
explained that the property referred to by Mr. Lowrey does of belong to the Applicant.
It was deeded to an adjacent owner in a 1993 -94 replatting. He suggested the owner be contacted
to discuss fence maintenance.
• CLOSE PCTBLIC H] QR RiQ
Chair Willson called for further comments from the public. There was a motion by Commissioner
Boeck, seconded by Commissioner Booth, to close the public hearing at 8:40 p.m. The motion
passed unanimously.
The Commissioners interposed no objections to approval of a special use permit requested by Phillips
66 Company, subject to the conditions outlined in the staff report, with deletion of No. 10, and the
addition of several conditions to address issues discussed and agreed upon by the Commissioners.
These included the addition of low -level motion lighting on the westerly side of the property, removal
of a gate and maintenance of fencing on the adjacent property, right in, right out restriction, no -left
turn signage at the Brooklyn Boulevard access, and alignment of the 69th Avenue North access with
the intersection driveway.
ACTION RECOMMENDING APPROVAL OF APPLICATIQN NO- 96009
There was a motion by Commissioner Booth, seconded by Commissioner Boeck, to recommend
approval of Application No. 96009, submitted by Phillips 66 Company, subject to 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.
7 -25 -96 3
08%02,'96 FRI 12:19 FAZ --- B- CENTER ?004
0 3. A site perfonnance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted rior er
to the issuance of mits
P P
to assure completion of all site improvements.
4. Any outside trash disposal facility and rooftop 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.
i 10. A Special Use Permit is granted to Phillips 66 Company for a gas station/convenience
store at 6901 BrooklynBoulevard as contained in the plan submitted. Any expansion
or alteration of the use shall require an amendment to this Special Use Permit.
11. The Special Use Permit is subject to all applicable codes, ordinances and regulations.
any violation thereof shall be grounds for revocation_
12. The plans shall be modified prior to the issuance of building permits to indicate:
a. A concrete surface rather than rock mulch along the westerly side of the
building between the building wall and screen fence.
b. The relocation of four parking stalls along 69th Avenue North so that a
minimum T greenstrip is provided.
C. The elimination of 1 ark in space at the southwester) portion of the site.
P g P southwesterly
d. The elimination of 1 parking space at the northeasterly part of the site and the
replacement of that parking space with landscaping.
e. The elimination of decorative lighting and a 10" illuminated stripe along the
westerly building elevation- Addition of low -level motion lighting for security
7 -25 -96 4
08/02 96 FRI 12:19 E.� — B- CENTER 008
• purposes on the westerly side of the property, provided it is mounted less than
9 feet above ground level.
f. The relocation of all landscaping so that it is contained within the boundary
of the property and not located in the boulevard right -of -way area.
g. The addition of 3 Black Hills Spruce trees on the north side of the building in
the sodded area.
h. Responsibility for elimination of the gate and maintenance of the fence on
adjacent property at the northwest corner of the site.
13. Approval of this Application is contingent on the approval of Planning Commission
Application No. 96010 authorizing a variance from the greenstrip requirements
contained in the Zoning Ordinance.
14. The applicant acknowledges that driveways serving the site will be restricted to right-
in/right -out only movements with future proposed roadway improvements.
15. The access on 69th Avenue North will align with the Post Office driveway on the
opposite (south) side.
• 16. The northeasterly access on Brooklyn Boulevard will be immediately restricted to
right in, right out. A "no left turn" sign must be erected at that location.
Voting in favor: Chair Willson, Commissioners Boeck; Booth, Holmes, and Reem. The motion
passed unanimously.
ACTION RECONVAENDWO APPROVAL OF APPLICATION NO. 96010
There was a motion by Commissioner Booth, seconded by Commissioner Holmes, to recommend
approval of Application No. 96010, submitted by Phillips 66 Company, for a variance from Section
3 5 -700 of the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North and
along Brooklyn Boulevard, based on a prior approval of a comparable variance and the fact that the
site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant
in that they would not be able to development the property in a reasonable manner.
Voting in favor: Chair Willson, Commissioners Boeck, Booth, Holmes and Reem. The motion
passed una nim ously.
The Council will consider the recommendations for Application Nos. 96009 and 96010 at its August
12 meeting. The applicant must be present. Major changes to either application as reviewed by the
Commissioners will require that the applications be returned to the Commission for re- consideration.
• Chair Willson recessed the Planning Commission meeting at 9:00 p.m. The meeting reconvened at
9:07 p.m.
7 -25 -96 5
03.02 %96 FRI 12:19 FAT B- CENTER 12006
• APPLICATION NO. 96012 (T.G.I. FRIDAY'S- NO1
Chair Willson introduced Application No. 96012, a request from T.G.I. Friday's, Inc. for rezoning/site
and building plan approval through the Planned Unit Development (PUD) process to develop vacant
property located on the north side of Freeway Boulevard between the Schmitt Music site and the
Shingle Creek Plaza II office/industrial building.
The Secretary presented the staff report (See details in Planning Commission Information Sheet for
Application No. 96012 dated 7 -25 -96 attached). Using overhead transparencies, Mr. Warren showed
the location and site and building plans of the proposed development which includes construction of
a 3 -story Country Inn and Suites Hotel, a T.G.I. Friday's Restaurant, and a second undetermined
restaurant.
The current zoning designation of the property does not allow restaurant and hotel uses. Therefore,
rezoning is required from I -1 (Industrial Park) designation to PUD/I -1 (Planned Unit
Development/Industrial Park). Mr. Warren reviewed in detail how the Application relates to the
rezoning evaluation policy and guidelines of the zoning ordinance. The staff review concludes that
the proposal adequately meets the prescribed criteria.
The City Engineer's report dated 7 -23 -96 regarding the proposed site plan was referenced. The
Shingle Creek Watershed Management Commission reviewed and approved the grading/drainage plan
subject to certain conditions. A revised grading plan avoids any impact to the wetland areas. With
i respect to the necessary sanitary sewer relocation that currently crosses through the center of the site,
the Engineer's report notes that no relocation work has been performed or commenced at this time.
The Secretary reviewed the considerations and conditions upon which approval of this Application
is based contained in the Resolution attached to the 7 -2 -96 Information Sheet. A letter dated 6 -1496
from Mr. Philip Trice, the Applicant's project manager, provides additional support and
documentation for rezoning the property to permit development of the hotel and restaurant complex
rather than factories and industrial buildings. In general, the proposed development is considered to
be in the best interests of the City of Brooklyn Center.
Mr. Warren stated the Application for rezoning meets the established guidelines and the site and
building plans are appropriate, subject to the considerations and conditions outlined in the proposed
Resolution- The staff recommends adoption of the Resolution to recommend approval of Application
No. 96012.
PUBLIC HEARING - APPLICATION NO. 96012
Chair Willson asked for a motion to open the public hearing on the request submitted by T.G.I.
Fridays, Inc. There was a motion by Commissioner Booth, seconded by Commissioner Holmes, to
open the public hearing at 9:55 p.m. The motion passed unanimously.
Mr. Philip Trice, Project Manager, T.G.I. Friday's Inc., Dallas TY, stated that the reco=ended
• installation of 10 additional spruce trees is acceptable. He indicated their inclusion was an oversight
in the landscape plan submitted. He pointed out that the canopy will be T higher than shown on the
plans to accommodate trucks. The applicant's representatives responded to questions from the
7 -25 -96 6
05 02 96 FRI 12:20 FAQ ... B- CENTER zoo?
Commissioners re restaurant operating hours, • regarding trash facilities, res our op g s, el room rates, and anticipated
construction schedule. The parld ng surface is expected to be completed this year with construction
to begin in April 1997.
The Commissioners discussed the funding of relocation of the sanitary sewer line on the property.
Mr. Warren indicated that it is contemplated that the City may participate in that work through tax
increment funding (TIF), however, the development agreement to be prepared will include all
specifications for the relocation. The Commissioners expressed concern that taxpayers may be
expected to join in the financing of a private development. Mr. Warren pointed out, however, that
the TIF program is designed to assist in projects that result in long- range benefits to the City.
The Commissioners interposed no objections to approval of the rezoning requested in Application
No. 96012, subject to the considerations outlined in proposed Resolution No. 96 -2. The
Commissioners interposed no objections to approval of the site and building plan to be developed
through the PUD process under Application No. 96012, subject to the conditions and considerations
outlined in proposed Resolution No. 96-2.
CLOSE PUBLIC HEARING
Chair Willson called for further comments from the public. There was a motion by Commissioner
Holmes, seconded by Commissioner Booth, to close the public hearing at 10:00 p.m. The motion
passed unanimously.
• ACTION RECQMMBNDING APPROVAL OF APPLICATION NO 96012
Commissioner Boeck introduced the following Resolution and moved its adoption:
RESOLUTION NO. 96 -2 REGARDING RECOM ENDED DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 96012 SUBMITTED BY T.G.L FRIDAY'S, INC.
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Reem
and upon vote being taken thereon, the following voted in favor thereof: Chair Willson,
Commissioners Boeck, Booth Holmes, and Reem, and none voted against the same, whereupon said
resolution was declared duly passed and adopted.
The Council will consider the recommendation at its August 12 meeting. The applicant must be
present. Major changes to the application as reviewed by the Commissioners will require that the
application be returned to the Commission for re- consideration. '
APPLICATION NO. 96013 (CROSS OF GLORY LUTHERAN CHURCH)
At 10:08 p.m., Comrnissioner Boeck excused himself from consideration of Application No. 96013
to avoid any possible conflict of interest.
Chair Willson introduced Application No. 96013, submitted by Cross of Glory Lutheran Church,
requesting site and building plan approval and a special use permit to construct an addition to its
• facility at 5929 Brooklyn Boulevard.
7 -25 -96 7
08%02 %96 FRI 12:20 FAX -+-- B- CENTER 2008
• The Secretary presented enary p ern the staff report using overhead transparencies to show the location and site
and building plan for the construction of an addition to the existing building for a fellowship hall,
kitchen and entrance to the church. Remodeling includes addition of bathrooms and a new elevator.
(See details in Planning Commission Information Sheet dated 7 -25 -96 attached.) This application
requires a special use permit in the R -1 zone. Mr. Warren reviewed how the expansion adequately
meets the four standards contained in the Zoning Ordinance.
The proposal appears to be in order and approval is recommended subject to conditions 1 -10 outlined
in the staff report.
PUBLIC HEARING - APPLICATION NO. 96013
Chair Willson asked for a motion to open the public hearing on the request submitted by the Cross
of Glory Lutheran Church for a special use permit and site and building plan approval. There was
P P g P PP
a motion by Commissioner Reem, seconded by Commissioner Booth, to open the public hearing at
10:29 p.m. The motion passed unanimously.
Mr. James Merila, Merila & Associates, Brooklyn Park, representing the Applicant, introduced Mr.
Rod Cox of Station Nineteen Architects, Minneapolis. The representatives responded to questions
P eF P q
from the Commissioners. It was explained that a basement will not be constructed, however, the
elevator and mechanical room will be included under the fellowship hall Additional work in the
outdoor courtyard will improve access to various parts of the church complex.
• CLOSE PUBLI_Q HEARING
Chair Willson called for further comments from the public. There was a motion by Commissioner
Booth, seconded by Commissioner Reem, to close the public hearing at 10:34 p.m. The motion
passed unanimously.
The Commissioners interposed no objections to granting the special use permit. It was agreed that
curb and gutter need only be provided around any altered parking and driving areas.
ACTION RECOMMENDING APPROVAL OF APPLICATION NO 96013
There was a motion by Commissioner ReeM seconded by Commissioner Booth, to recommend
approval of Application No. 96013, submitted by the Cross of Glory Lutheran Church, subject to the
following conditions:
1. The Special Use Permit is granted for the expansion of the Cross of Glory Church for
a fellowship hall, kitchen and entry area. The use may not be altered or expanded
beyond the specific approval without being consistent with the City's zoning
regulations or an amendment to the Special Use Permit.
2. Building plans for the remodeling expansion project are subject to review and
approval by the Building Official with respect to applicable codes prior to the issuance
of permits.
•
7 -25 -96 8
08 %96 FRI 12.21 Far B- CENTER X 009
• 3. Grading, drainage and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
4. 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.
5. Any outside trash disposal facilities and/or rooftop mechanical equipment shall be
appropriately screened from view.
6. The building addition is to be equipped with an automatic fire extinguishing system
to meet NFPA standards and shall be connected to a central monitorin g device in
accordance with Chapter 5 of the City Ordinance as determined by the Building
Official.
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 the altered parking and driving areas.
9. The replat of the property shall receive final approval by the City Council and filed
with Hennepin County prior to the issuance of permits for this property.
10. The applicant shall submit an as -built survey of the property, improvements and utility
service lines, prior to release of the performance guarantee.
Voting in favor: Chair Willson, Commissioner Booth, Holmes and Reem. The motion passed
unanimously.
The Council will c i A 2 e e applicant must b
consider the recommendation at is August 1 meeting. Th e
present. Major changes to the application as reviewed by the Commissioners will require that the
application be returned to the Commission for re- consideration
OTHER BUSINESS
Mr. Warren responded to Commissioners' questions regarding various City issues. The Commission's
next meeting will be on August 15, 1996.
II
ADJOURNMENT
There was a motion by Commissioner Booth, seconded by Commissioner Holmes, to adjourn the
Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 10:45
p.m.
Recorded and transcribed ai r
anscribed b : C
Y
Arlene Berg&1k
TimeSaver Off Site Secretarial
7 -25 -96 9
/0�
MEMORANDUM
•
TO: Mayor Myrna Kragness
Councilmember Kathleen Carmody
Councilmember Debra Hilstrom
Councilmember Kristen Mann
Councilmember Charles F. Nichols, Sr.
FROM: Michael J. McCauley, City Manager
DATE: August 8, 1996
SUBJECT:
Set Dates for Council Work Sessions
Council will meet in work session at 7 p.m., City Hall, on the following dates:
Monday, August 19
Monday, October 7
Monday, October 21