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Home My WebLink About1996 11-25 CCP Regular Session Public Copy • CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER November 25, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Moment of Silence 4. Council Report 5. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. November 12, 1996 - Regular Session b. Resolution Acknowledging a Donation from the Brooklyn Center Women's Club for Recreation Programs C. Resolution Designating 1997 Planting List of Allowable Boulevard Tree Species d. Resolution Establishing Improvement Project No. 1997 -08, Reforestation of Improvement Project Areas, Ordering Preparation of Plans and Specifications and Authorizing Advertisement for Bids e. Resolution Accepting Work Performed and Approving Final Payment for 1996 Diseased Tree Removal Program, Improvement Project No. 1996 -12, Contract 1996 - D f. Resolution Supporting Legislative Efforts for Shingle Creek Regional Pond Funding g. Licenses 6. Open Forum t - Presentation by Riverwood Neighborhood Association CITY COUNCIL AGENDA -2- November 25, 1996 • 7. Public Hearing a. Application for License to Operate a Pawn Shop at 1964 57th Avenue North, Suite 17, Submitted by Cash `n Pawn - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to approve application for license to operate a pawn shop. b. An Ordinance Amending Ordinance No. 95 -02, as Extended by Ordinance No. 96 -4, Extending the Moratorium on the Siting of Adult Establishments - Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. - Motion to adopt ordinance. 8. Planning Commission Item a. Planning Commission Application No. 96020 submitted by Dakota Hospitality Company. Re Request for Planned Unit Development PUD e q p ( ) Amendment to build a 42,244 sq. ft., four story AmericInn at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. The Planning ommission recommended approval of g PP this application as its November 14, 1996, meeting. - Requested Council Action: - Motion to approve Planning Commission Application No. 96020 submitted by Dakota Hospitality Company subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. An Ordinance Amending Chapter 19 of the City Ordinances Regulating the Use of Watercraft on Twin Lakes; Adding New Sections 19 -1900, 19 -1901, and 19 -1902 -This ordinance was tabled at the November 12, 1996, Council meeting. It is offered for a first reading. - Requested Council Action: - Council discuss. - Motion to approve first reading of ordinance and set December 16, 1996, for public hearing and second reading. b. An Ordinance Amending Chapter 11 of the City Ordinances Relating to the Regulation of Charitable Gambling; Amending Section 11 -717, Paragraph 2 -This ordinance is offered for a first reading. • - Requested Council Action: - Motion to approve first reading of ordinance and set December 16, 1996, for public hearing and second reading. CITY COUNCIL AGENDA -3- November 25, 1996 • C. Set Date for Council 1 Wo k Session for Monday, December _, 1996, at 7 p.m., Conference Room B, City Hall - Requested Council Action: - Motion to set date for Council work session. d. Set Dates for Meetings with City Advisory Commissions - Requested Council Action: - Motion to set dates for meetings with City advisory commissions. e. Set Date for Facilitated Council Workshop for Thursday, February 20, 1997, at 2 p.m., Earle Brown Heritage Center - Requested Council Action: - Motion to set date for facilitated Council workshop. f. Resolution Stating the City Council's Position on Brooklyn Boulevard Improvements - Requested Council Action: - Motion to adopt resolution. g. Mayoral Appointment of Member to Serve on Financial Commission - Requested Council Action: • -Mayor nominate one member to serve on Financial Commission. - Motion by Council to approve nomination. 10. Adjournment EDA AGENDA CITY OF BROOKLYN CENTER November 25, 1996 7 p.m. I. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following item is considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of this item 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. CITY COUNCIL AGENDA -4- November 25, 1996 a. Approval of Minutes s e - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. November 12, 1996 - Regular Session 4. Commission Consideration Items a. Resolution Accepting Proposal and Authorizing Contract for Acquisition and Relocation Services for 53rd Avenue Development and Linkage Project -Requested Council Action: - Motion to adopt resolution. b. Resolution Authorizing Acquisition, Establishing Offer of Just Compensation, Authorizing Execution of Purchase Agreement, Authorizing Relocation Claim and Authorizing Payment for Acquisition Costs and Relocation Costs for 512 -53rd Avenue North - Requested Council Action: - Motion to adopt resolution. 5. Adjournment • • W1 DRAFT • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 12, 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 7:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present: City Manager Michael J. McCauley, Public Services Director Diane Spector, Public Services Coordinator P � Jim Glasoe, City Attorney Charlie LeFevere, and Council Secretary LeAnn Larson. • MOMENT OF SILENCE A moment of silence was observed. REQUEST BY TROOP 401 FOR FLAG CEREMONY Boy Scout and Scout Troops 401 presented the flags and led the Council in the pledge of allegiance. COUNCIL REPORTS Councilmember Carmody noted that Evergreen Park Manor had achieved Crime Free Multi- Housing Program status as designated by the MN Crime Prevention Association. Mayor Kragness noted that Brooklyn Center and Ossea school districts had received a "Gold Medal" ranking in recognition for doing a top job producing educated graduates ready for the employment market. The Anoka- Hennepin school district had received `Blue Ribbon" designation. The three districts were among 15 in Minnesota recognized by Expansion Management magazine. • 11/12/96 -1- I'DRAFT APPROVAL OF AGENDA AND CONSENT AGENDA • A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve minutes of the October 21, 1996 -- Special Work Session; October 28, 1996 -- Regular Session; October 30, 1996- -Joint Meeting with Planning Commission; and November 6, 1996 -- Special Session as printed passed unanimously. PROCLAMATION DECLARING NOVEMBER 24 THROUGH DECEMBER 1 1996 AS NATIONAL BIBLE WEEK A motion by Councilmember Carmody and seconded by Councilmember Mann declaring November 24 through December 1, 1996, as National Bible Week passed unanimously. RESOLUTION NO. 96 -217 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING DONATIONS FROM THE BROOKLYN CENTER LIONS CLUB FOR RECREATION PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO. 96 -218 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -18, ROUTINE WELL MAINTENANCE AT WELL NO. 10, APPROVING SPECIFICATIONS, AND AUTHORIZING SOLICITATION OF QUOTES The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO. 96 -219 Member Carmody introduced the following resolution and moved its adoption: 11/12/96 • -2- DRAFT RESOLUTION APPROVING ISSUANCE OF AN ON -SALE WINE AND NON- INTOXICATING LIQUOR (BEER) LICENSE TO YUN' S RESTAURANT, NC.D.B.A. /DENNY'S 46887 The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION NO 96 -220 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, FRIDAY'S ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following licenses passed unanimously. • Christmas Tree Sales GMGSC Troop #1789 2000 57th Avenue North PQT Company 5040 Brooklyn Boulevard PQT Company 5801 Xerxes Avenue North Rental Dwelling Initial: Sharon McGary 6812 Fremont Place North Sign Hanger Sign Source, Inc. 7801 Park Drive, Chanhassen, MN OPEN FORUM There were no requests for open forum. A motion by Councilmember Carmody and seconded by Councilmember Mann to present agenda items 9b and 9c before other agenda items passed unanimously. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT MICKELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION • 11/12/96 T)RAFT RESOLUTION NO. 96-221 ..1 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF ROBERT MICKELSON FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed unanimously. PUBLIC HEARINGS AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD 3(A City Manager McCauley outlined the change in charter language recommended by the Charter Commission to delete the requirement in the Charter that the appointment and removal of department heads require a majority vote of the Council. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. No public input was offered. A motion by Councilmember Nichols and seconded by Councilmember Hilstrom to close the public hearing passed unanimously. ORDINANCE NO. 96 -16 Member Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 6 OF THE BROOKLYN CENTER CITY CHARTER, SECTION 6.02, SUBD. 3(A) The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. AN ORDNANCE VACATING PART OF A SANITARY SEWER EASEMENT WITHIN TRACT C. REG STERED LAND SURVEY NUMBER 1377 11/12/96 • -4- DRAFT • City Manager McCauley indicated that this was a housekeeping ordinance to facilitate construction at the TGI Friday's Restaurant and Country Suites Hotel site on Freeway Boulevard. The Council had previously approved the site plan. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing passed unanimously. Graydon Boeck, 5601 Indiana Avenue North, inquired whether City or TIF funds were used to pay to move the sanitary sewer for the development of this parcel. City Manager McCauley replied tax increment was used for the sewer line relocation. A motion by Councilmember Carmody and seconded by Councilmember Nichols to close the public . hearing passed unanimously. Y ORDINANCE NO. 96 -17 Member Mann introduced the following ordinance and moved its adoption: AN ORDINANCE VACATING PART OF A SANITARY SEWER EASEMENT WITHIN TRACT C, REGISTERED LAND SURVEY NUMBER 1377 • The motion for the foregoing ordinance was duly seconded by member Carmody and passed unanimously. AN ORDNANCE VACATING PART OF A UTILITY EASEMENT AT LOT 2 BLOCK l SANDER ERICKSON ADDITION City Manager McCauley explained the request by John & Susan Shimshock, 5435 Bryant Avenue North, to vacate a portion of a utility easement along the back line of their property line. A motion by Councilmember Nichols and seconded by Councilmember Carmody to open the public hearing passed unanimously. No public input was offered. A motion b Councilmember Nichols and seconded b Councilmember Carmody t close Y y y o os the public hearing passed unanimously. ORDINANCE NO. 96 -18 Member Carmody introduced the following ordinance and moved its adoption: • 11/12/96 -5- DRAFT AN ORDNANCE VACATING PART OF A UTILITY EASEMENT AT LOT 2, BLOCK 1, S SANDER ERICKSON ADDITION The motion for the foregoing ordinance was duly seconded by member Hilstrom and passed unanimously. COUNCIL CONSIDERATION ITEMS Councilmember Mann left the Council table at 7:18 p.m. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF TONY KUEFLER FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION RESOLUTION NO. 96 -222 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSNG RECOGNITION AND APPRECIATION OF TONY KUEFLER FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Carmody and passed; Councilmember Mann was absent. • PRESENTATION BY ROGER PETERSON OF ASSOCIATION OF METROPOLITAN MUNICIPALITIES (AMTM REGARDING PROPERTY TAXES FISCAL DISPARITIES AND LOCAL GOVERNMENT AID Councilmember Mann returned to the Council table at 7:23 p.m. Roger Peterson, of the Association of Metropolitan Municipalities (AMM), g ave an informational presentation on property taxes, fiscal disparities, and local government aid and how they relate to the City and its residents. AN EMERGENCY ORDNANCE EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS City Manager McCauley explained that this emergency ordinance would extend the moratorium on the siting of adult establishments until after the Council could meet with the Planning Commission to complete the study of Ordinance No. 95 -02. 11/12/96 • -6- DRAFT ORDINANCE NO. 96 -19 • Member Mann introduced the following ordinance and moved its adoption: AN EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS The motion for the foregoing ordinance was duly seconded by member Carmody and passed unanimously. RESCHEDULE MEETING WITH PARK AND RECREATION CON MISSION. • CONSIDER SETTING NOVEMBER 18 1996 AS COUNCIL WORK SESSION City Manager McCauley requested that November 18, 1996, be rescheduled as a work session in light of the request from the Chair of the Park and Recreation Commission to reschedule the joint meeting with the Council originally set for November 18th. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to reschedule the meeting the Park and Recreation Commission and set November 18, 1996, as a Council Work Session at 7:00 p.m. at City Hall passed unanimously. Councilmember Carmody suggested the joint meeting with the Park and Recreation • Commission be scheduled in March 1997. MCD STATUS REPORT City Manager McCauley reported that six MCDs have been installed in police squad cars, with the remainder to be installed soon. Training has been implemented and operation of the units is producing favorable feedback. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATN G N BROOKLYN CENTER'S ADOPT - A -PARK. ADOPT -A -TRAIL AND ADOPT -A -ST FET PROGRAMS RESOLUTION NO 96 -223 Member Hilstrom introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION FOR THE PUBLIC SERVICE OF ORGANIZATIONS PARTICIPATING N BROOKLYN CENTER'S ADOPT - A -PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS • 11/12/96 -7- DRAFT The motion for the adoption of the foregoing resolution was duly seconded by member Mann and passed unanimously. RESOLUTION APPROVING FINAL PLAT - RAINBOW'S GARDEN CITY ADDITION RESOLUTION NO. 96 -224 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT, RAINBOW'S GARDEN CITY ADDITION The motion for the adoption of the foregoing resolution was duly seconded by member Hilstrom and a . ssed unanimously. Y AN ORDINANCE AMENDING CHAPTERS 12 AND 19 OF THE CITY ORDINANCES RELATING TO THE ABATEMENT OF NUISANCES AND HOUSING CODE VIOLATIONS• AMENDING SECTIONS 12-1201,12-1206, AND 19 -105 A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the first reading of the ordinance and set a date of December 16, 1996, as a second reading and public hearing passed unanimously. Councilmember Nichols commented on crime enerated b drugs and inquired of Ci • g Y a q City Attorney LeFevere if a zero tolerance factor could be implemented. Mr. LeFevere said criminal sanctions were already in place. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF WATERCRAFT ON TWIN LAKES ADDING NEW ACTIONS 19-1900,19-1901, AND 19 -1902 Public input was received from Mike Shapiro, 5115 Twin Lake Boulevard East; Paul Oman, 5239 Twin Lake Boulevard East; Phil Ferbuyt, 5925 Ewing Avenue North; Graydon Boeck, 5601 Indiana Avenue North; Dan Priem, 5309 Twin Lake Boulevard East; and a Crystal resident who spoke in opposition to the outlined restrictions for the use of Middle and Upper Twin Lake as formulated by the Twin Lake Use Task Force, comprised of City and law enforcement members plus at- large members from each of the three cities of Robbinsdale, Crystal, and Brooklyn Center. Bob Spies, kl n Cen r s 4715 Twin Lake Avenue asked that existing rY Y p g laws be enforced. The Council consensus was to request all pertinent information and obtain copies of minutes from the task force in order to better evaluate a need for the ordinance. 11/12/96 S -8- D RAFT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to table this • issue until the November 25, 1996, meeting passed unanimously. SET DATE FOR JOINT MEETING WITH PLANING CO? TiV1ISSION REGARDING ADULT ESTABLISHMENTS AND GENERAL PL ANN ING ISSUES A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set a date of December 9, 1996, for a joint meeting with Planning Commission regarding adult establishments and general planning issues and Comp rehensive Plan goals passed unanimously. P � P Y 1997 UTILITY RATE STUDY Public Services Director Jim Glasoe presented information regarding the request for modest rate increases in 1997 due to inflation and the need to assure that capital replacement funds are sufficient to finance capital improvements associated with the Neighborhood Street and Utility Program. The recommended rate increase for water is from $0.86 per 1000 gallons to $0.89 per 1000 gallons. This would be just under a $4 increase in the annual water bill for an average household. • The recommended rate increase for sanitary sewer is from $42.50 per residence per quarter to $43.75 per residence per quarter. This would be a $5 increase in the annual sanitary sewer bill for an average household. Sanitary sewer rates and water rates both were last increased in 1994. The recommended rate increase for storm drainage is from $8.00 per residence per quarter to $8.25 per residence per quarter, or $1 per year. This increase would be sufficient to finance capital outlays and maintain an adequate cash reserve for upcoming projects. The rate increase for water and sanitary sewer hookup is adjusted annually for inflation and is recommended at three percent for 1997. There is no recommended increase in 1997 for recycling rates. RESOLUTION NO. 96 -225 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 WATER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. • 11/12/96 -9- RAFT RESOLUTION NO. 96 -226 • Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 SANITARY SEWER UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION NO 96 -227 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 STORM DRAINAGE UTILITY RATE SCHEDULE The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION NO. 96 -228 Member Q Ca.rmod ' y introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997 WATER AND SANITARY SEWER HOOKUP • RATES The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. RESOLUTION NO. 96 -229 Member Carmody introduced the following resolution and moved its adoption: RESOLUTION ADOPTING THE 1997'RECYCLING RATES The motion for the adoption of the foregoing resolution was duly seconded by member Nichols and passed unanimously. 11/12/96 • -10- s DRAFT ADJOURNMENT • A motion by Councilmember Carmody and seconded by Councilmember Nichols to adjourn the meeting at 8:59 p.m. passed unanimously. City Clerk Mayor Recorded . and transcribed by: LeAnn Larson • • 11/12/96 -11- 5b • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director G H DATE: November 19, 1996 SUBJECT: Resolution Acknowledging A Donation from the g g Brooklyn Center Women's Club for Recreation Programs The Brooklyn Center Women's Club has made a donation to support programs of the Recreation Department. The Special Events program received a donation of $250 to help defray its cost. The attached resolution expresses the City's gratitude for the donations and appropriates the money to the recreation programs selected by the Women's Club. • • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACKNOWLEDGING A DONATION FROM THE BROOKLYN CENTER WOMEN'S CLUB FOR RECREATION PROGRAMS WHEREAS, the Brooklyn Center Women's Club has presented to the City a donation of two hundred fifty dollars ($250) and has designated that it be used for the special events recreation program; and WHEREAS, the City Council is appreciative of the donations and commends the Brooklyn Center Women's Club for its civic efforts. NOW THEREFORE, BE IT RESOLVED the u f City of Brooklyn O by City Council o the ty Center, Minnesota, to acknowledge the donations with gratitude and appropriate the donation to the special events recreation program. • 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. • 5c • MEMORANDUM DATE: November 20, 1996 TO: Michael McCauley, City Manager _ 4 FROM: Joyce Gulseth, Public Services Administrative Aide�� J V SUBJECT: Resolution Designating 1997 Planting List of Allowable Boulevard Tree Species As per City Ordinance, Section 20, TREES, the City Council annually adopts a resolution designating allowable boulevard tree species. This list includes a variety of cultivars and some ornamental trees. Section 20 -200, subd. 3 assures that all boulevard trees will be located so as to avoid creating future sight distance problems. Staff recommends deleting the ironwood and Japanese tree lilac. The ironwood is a sub -canopy tree, indigenous to forest under growth. Arborists experimented with this species for some time as a park and boulevard tree with limited success. Park staff found, in their experience, the same result. The Japanese tree lilac was offered as a replacement tree in our 1996 reforestation program and met with low approval ratings. The quality of the furnished product in our area is not acceptable. Staff recommends adding the ginkgo. The ginkgo gives more variety to the selections, adds a hardy tree for the urban forest, is outstanding in disease and pest resistance and has the traits of salt and smoke tolerance. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION DESIGNATING 1997 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES WHEREAS, the City Council of the City of Brooklyn Center promotes a diverse urban forest so as to minimize the spread of tree disease; and WHEREAS, section 20 -402 of the ordinances provides for an annual listing of allowable boulevard tree varieties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the following trees are hereby designated as allowable boulevard tree species for 1997: Ash (Autumn Purple) Linden (American) & cultivars Crabapple (Flowering) & cultivars Linden (Littleleaf) & cultivars Ginko Maple (Norway) & cultivars • Hackberry Maple (Red) & cultivars Honeylocust (Imperial, Shademaster, Maple (Sugar) & cultivars Skyline, Thornless) Oak (Pin) Oak (White or Bur) 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: November 20, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer `-t'l SUBJECT: Resolution Establishing Improvement Project No. 1997 -08, Reforestation of 1996 Improvement Project Areas, Ordering Preparation of Plans and Specifications and Authorizing Advertisement for Bids As part of the following improvement projects, funds were included for the reforestation of any tree removed due to the reconstruction process: Improvement Project Nos. 1996 -01, 02 & 03, Orchard Lane East Improvement Project Nos. 1996 -06, 07 & 08, Logan, James and Knox Avenues A resolution is attached which will establish this improvement project, order preparation of plans and specifications and authorize advertisement for bids. Funding for these tree replacements was set aside when financing for the respective projects was established. Funding for the Orchard East replacement trees was allocated in the same manner as street improvements, that is, a combination of GO bond proceeds and special assessments. Funding for the Logan, James, Knox Avenues improvements will come from Municipal State Aid for the tree replacements on Logan, and bonds /special assessments for those on James and Knox. The City's project reforestation program allows property owners to replace trees lost 2 to 1, that is, two new trees for every mature tree lost. This is the State Aid standard. We provide property owners with a choice of trees. They may choose to have one larger tree planted rather than two smaller trees. This is the choice of many residents who may not have room on their property for many additional trees. One larger tree is also less costly to the City than two smaller trees. The project as established assumes the maximum number of trees. Residents will then be given a choice on trees, so that when the Council approves the specifications, the final count of trees should be known. The estimated total project cost is $62,700. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1997 -08, REFORESTATION OF IMPROVEMENT PROJECT AREAS, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS WHEREAS, Improvement Project Nos. 1996 -01, 02 & 03, Orchard Lane East and Improvement Project Nos. 1996 -06, 07 & 08, Logan, James, Knox Avenues provided for the reforestation of those trees removed due to construction; and WHEREAS,the City Engineer has determined the extent of these replacements; and. WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of the Special Assessment Fund for the respective Improvement Projects. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Improvement Project No. 1997 -08, Reforestation of 1996 Improvement Project Areas is hereby established. 2. Staff is hereby authorized and directed to prepare plans and specifications and advertisement for bids for Improvement Project No. 1997 -08. 3. The estimated project costs are established as follows: Project Area Orchard. James. Lane East Knox Avenues 1997 -08 Contract $41,300 $13,600 $54,900 Contingency (10 %) $4,100 $1,300 $5,400 Subtotal $45,400 $14,900 $60,300 Construction Eng, Legal, $1,80 $600 $2,400 Admin. (4 %) Total $47,200 $15,500 $62,700 • Estimated Project Cost RESOLUTION NO. • 4. The estimated project funding sources are established as follows: improvement 1�1o. 1.99601, 02 & 03 1996 07 & OS I, Proiect Area Orchard Lane Logan, James, East Knox Avenues Special $17,460 $890 Assessments (37%) GO Bonds $29,740 $1,510 (63 %) MSA $13,100 Total $47,200 $15,500 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • MEMORANDUM DATE: November 20, 1996 TO: Michael McCauley, City Manager 1 FROM: Diane Spector, Director of Public Service SUBJECT: Resolution Accepting Work Performed and Approving Final Payment for 1996 Diseased Tree Removal Program, Improvement Project No. 1996 -12, Contract 1996 -D Improvement Project No. 1996 -12 has been completed b Arbor-Design Tree Service Inc. The p J P Y g , City Council accepted their proposal per Resolution 96 -81 and a contract was subsequently executed. The actual value of work performed is $1,967 less than the original contract of $19,900 due to fewer trees being designated for removal than expected. Staff recommends acceptance of the work performed and authorization to make final payment to Arbor- Design Tree Service, Inc. • • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR 1996 DISEASED TREE REMOVAL PROGRAM, IMPROVEMENT PROJECT NO. 1996 -12, CONTRACT 1996 -D WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Arbor- Design Tree Service, Inc. has satisfactorily completed the following improvement in accordance with said contract: IMPROVEMENT PROJECT NO. 1996 -12, 1996 Diseased Tree Removal Program, CONTRACT 1996 -D NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The work completed under said contract is accepted and approved. 2. The actual value of work erformed is $1 967 less than the original P contract value, due to fewer trees being designated for removal than expected. 3. 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 $17,933. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING LEGISLATIVE EFFORTS FOR SHINGLE CREEK REGIONAL POND FUNDING WHEREAS, in the 1996 legislative session efforts were undertaken by Representative Phil Carruthers and Senator Don Kramer to provide funding for the proposed Shingle Creek Regional Pond in Minneapolis that would serve Minneapolis and the Brookdale commercial area in Brooklyn Center; and WHEREAS, there continues to be a need to address drainage and water quality issues to provide an improvement for the entire inter -city subwatershed area, said improvement being essential to facilitating redevelopment in the Brookdale commercial area; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it supports legislative efforts to provide funding assistance for the proposed Shingle Creek Regional Pond serving Minneapolis and the Brookdale commercial area in Brooklyn Center. BE IT FURTHER RESOLVED that the City support includes the provision of ® some level of matching funding to any State funding that could be provided. BE IT FURTHER RESOLVED that the City staff is directed to work with legislators whose districts include the City of Brooklyn Center in such legislative activities as the City's legislative representative might deem appropriate. 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 TO: Michael J. McCauley, City Mana er FROM: Sharon Knutson, City Clerk DATE: November 21, 1996 SUBJECT: Licenses 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 November 25, 1996: CHRISTMAS TREE SALES LOT Malmborg's Inc. 5120 N. Lilac Drive COURTESY BENCH U. S. Bench Corporation 3300 Snelling Ave., St. Paul MECHANICAL SYSTEMS Heating & Cooling Two Inc. 18550 County Road 81, Maple Grove Master Mechanical, Inc. 901 E. 79th St., Bloomington RENTAL DWELLINGS Initial: William Modell 3713 47th Ave. N. Renewal: Presbyterian Homes Asst. Living Earle Brown Commons Twin Lakes Properties, LLP Twin Lakes Manor Terry L. Hartmann 6804 Fremont Pl. N. Ralph T. Guimont 5903 Halifax Pl. N. Gary Scherber 4708 Lakeview Ave. N. Howard and Harriet Oien 3606 58th Ave. N. Eugene Hess 3218 63rd Ave. N. Ruth Kalanquin 5348 70th Circle N. Curtis Cady 1312 72nd Ave. N. t a C -- t en i rJo , re, ✓ :' We- of - e.4 , . , Yi i ki ! ��t .o VLC - - , e e- i e— j l>S f u 6 b t Y 1we.- i ILI i Co ' j Cow.,.- t d CL e� 4 i s$ 3 s L,t '� s� , r 1 ,1J t✓ -vim t'r ri t,� eL s � ir1 . v;f yes a i Lb 4d Aid 9 �j `Yno oe e e- �7 Imo- �s 3 +a LLB- f 7 7- A 4. .� a s e 1.07 we c �> a J j p j his o + is - - G' G- i o G l ' .. L Y'. �'t'f <"'" r i l -' 3 fs •- Lr� V i d l e° r / ! &mot "4 , z k C, ff er- ", a ( j ` �'� 4' ) Yob /'? ., 'rte G �� r !J "-, � - C' . P ` ) I Gp L 6,9 r -;c, c, �-- c avid L crew-c e� we-40 Act-s L e-cew e a, ` J M �r) I c r ca r e CZ , k\ coo &A- k i --, A s.s - e c i v el w, 5� be a e-Ae- ) G) ° t r. z m, // ,r /v fie 01 l,i - s lgt 00 hs, # 11 c hz I 60 1 1 2 S I1 . tip OA 6- 6 L k � 4,tL_ ": a �n Cam- '- n nd e� t , Cl- M arcLa °�►� V City of Brooklyn Center • Notice of Public Hearing on An Application for License to Operate a Pawn Shop Pursuant to City Ordinance Section 23 -610, notice is hereby given that a public hearing will be held on the 25th day of November, 1996, at 7 p.m., or as soon thereafter as the matter may be heard, at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, to consider an application for license to operate a pawn shop, submitted by Cash n Pawn, at 1964 57th Avenue North, Suite 17, Brooklyn Center, Minnesota. Any person having an interest in or who will be affected by the proposed license will be permitted to testify at the hearing. Sharon Knutson City Clerk (published in the November 13, 1996, Brooklyn Center Sun -Post) • • 3 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk Q DATE: November 21, 1996 SUBJECT: Proposed Pawn Shop The legal notice regarding the proposed pawn shop was published in the November 13, 1996, Brooklyn Center Sun -Post and posted on the public notice board at City Hall. Apparently a person residing in the area of the proposed pawn shop prepared a flyer in opposition to the pawn shop and distributed it to area neighbors. I have had several calls from residents in the general area of the pawn shop voicing opposition and requesting their opposition be forwarded to the Council for the November 25, 1996, public hearing. Opposed to Pawn Shop Deb Iverson lives two blocks away • Harry H. Pobig lives on Logan Ave. N. Margaret Engstrand lives on Brookview Drive Ray Sigurdson 5631 Hillsview Road Beatrice Waitkus 5430 Oliver Ave. N. Beatrice Humbert 5801 Knox Ave. N. Anonymous caller (11/18/96) lives in area Ruth Pope 5700 Knox Ave. N. Selma Albrecht 5707 Knox Ave. N. Marilyn Albrecht 5707 Knox Ave. N. Doris Schlaht 5341 Penn Ave. N. Don Mailey 2101 Brookview Drive Anonymous caller (11/19/96) lives in area Julie Winkels 5744 Logan Ave. N. Sue Nelson lives in area Robert and Margo Tessman 1900 Brookview Drive Anonymous caller (11/20/96) lives in area Anonymous caller (11/20/96) lives in area Peter and Loretta Kuznia 2418 Ericon Drive Theron Peterson 2207 Ericon Drive • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer ��ppKLYN CFpT� BROOKLYN CENTER z_ POLICE DEPARTMENT LI POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline ` & DATE: November 6, 1996 SUBJECT: Pawn Shop Application and License Cash n Pawn 1964 57th Ave N, Suite 17, Brooklyn Center The background investigation has been completed with regard to the application submitted for a pawnbroker license by Cash n Pawn. k Investigator Michael Kaulfuss did background checks on the entire board of directors. He also g g visited two of their stores, one in Fridley and one in Hopkins, to view their operations and to observe transactions first hand. Inv. Kaulfuss found that the systems and procedures Cash n Pawn has in place with regard to sales, storage, and labeling of merchandise are extremely efficient and unique to their business. In addition, both the Fridley and Hopkins Police Departments were contacted and both stated that they have an excellent working relationship with Cash n Pawn and that Cash n Pawn does go out of their way to work with the local police department. There is nothing that was found in the investigation that would preclude Cash n Pawn from being granted a license to operate a pawn shop. cash%.mem e QpOKLYN CEIVTF BROOKLYN CENTER = POLICE DEPARTMENT POLICE MEMORANDUM TO: Chief Scott Kline FROM: Detective Mike Kaulfuss DATE: 11 -04 -96 SUBJECT: Pawn Shop Second Hand Dealer Application and License Detective Kaulfuss, on 10- 04 -96, was asked to do a background on a pawn shop application and license request from Cash and Pawn International, which is located at 1000 Shelard Parkway, Suite 405, in St. Louis Park MN 55426. Allen Cross, who is the chief financial officer and secretary for Cash and Pawn, submitted the application to the City with hopes of getting a license granted so that Cash and Pawn could operate a business at 1964 57th Avenue North, Suite 17, in • Brooklyn Center, which would be considered the Northbrook Shopping Center. Detective Kaulfuss reviewed all the forms filled out by the chief financial officer, such as the original general information application, along with all the personal information for the president, CEO Jackie Don Hartsoe. Detective Kaulfuss also received the names and personal information and releases for information from the entire board of directors, which consist of the following gentleman, Craig Avery, Stanford Baratz, Terry Wayne Lieberman, James Ostenson, and Peter Ramme. All these gentleman listed were considered board of directors along with Jackie Hartsoe and Allen Cross. Background checks were run on the entire board of directors at the time the information was provided, with negative results. Detective Kaulfuss had an opportunity to meet with Jack Hartsoe who explained background information surrounding Cash and Pawn of Minnesota. Cash and Pawn operated in other cities in the state of Minnesota, which included the city of St. Paul, with two locations, the city of Hopkins and the city of Fridley. Cash and Pawn International also owned six other stores in the state of Missouri and the state of Indiana. Kaulfuss learned that the store to be opened in the Northbrook Shopping Center, would be started with an advance of $300,000.00 cash capital from Cash and Pawn International to start the store out in operation. This was a standard mode of operation expenses that Cash and Pawn has used in other new store locations. All of the money was coming from Cash and Pawn International with no private investors other than corporation money. Jack Hartsoe provided personal background information about himself along with • personal references. Kaulfuss learned that Hartsoe had originally been with Cash America Memorandum • Page 2 Investments until being hired by Cash and Pawn people and eventually buying into the business and becoming the president and CEO, as well as a partner. Hartsoe also provided letters from the city of Hopkins Police Department, as well as the city of Minnetonka and the Department of Consumer Credit, all dealing with the Cash and Pawn organization. Kaulfuss checked personal references, first with a Mark Margolis, who is the president of Select International. Mr. Margolis stated that he had known Hartsoe for approximately five years and originally hired him away from the major company to come work for Cash and Pawn and actually worked underneath Margolis. Margolis stated at that time Mr. Hartsoe proved to be a very hard worker, very honest and had a very good personality. Margolis stated that Hartsoe eventually became a partner along with other board of directors and eventually, Margolis sold the business along with others to the current owners of Cash and Pawn. Margolis only had high praise for Jack Hartsoe work ethnic. Kaulf iss then contacted a Tom Horn, who is the executive director of the National Pawn Brokers Association. Tom Horn stated that he had known Jack Hartsoe for approximately five years and found him to be extremely active on the board of directors of the National Pawn Brokers Association and to be a completely honest individual, and a hard working businessman. Mr. Horn stated that he thought Jack Hartsoe's character was outstanding and would be an asset to the business community. Detective Kaulfuss then contacted the Fridley Police Department, a Detective Larry Farber, as well as Detective Bob Rewitzer. Both Farber and Rewitzer were very familiar with Cash and Pawn, since they had several pawn shops in their city. Both detectives stated that they have not found any problems with Cash and Pawn, in fact has seen the business go to great lengths to work well with the police department and work within the guidelines set to them through the licensing requirements. Both Detective Farber and Rewitzer made recommendations of what possibly the city of Brooklyn Center should look at, in regards to changing the ordinance or fitting the ordinance into what seems to work best for the proper operation of pawn shops within the City. These recommendations would be brought up to the administration from Detective Kaulfuss' findings. On 10- 24 -96, Detective Kaulfuss had an opportunity to inspect the Cash and Pawn operation in the city of Fridley. Jack Hartsoe brought Kaulfuss over there at which time, opened up the books and showed Kaulfuss the operation of how items are either pawned or bought out right at that particular store. Detective Kaulfuss was able to observe some sales take place as well as the storage and labeling system in the back room. Kaulfuss found the systems to be very unique and extremely efficient. Kaulfuss found the location to be very clean and the employees very friendly. • Memorandum • Page 3 Detective Kaulfuss then had the opportunity to contact the Hopkins Police Department, at which time he spoke to a Sgt. David Haffermann. Sgt. Haffermann is very much involved with the Cash and Pawn operation in the city of Hopkins. Sgt. Haffermann stated that he found the staff, as well as the administration for Cash and Pawn to be most cooperative, and has never had any problems. Haffermann stated that the Cash and Pawn in his city goes to great lengths to work well with the police department and has even done more than is expected of them on several occasions. Sgt. Haffermann also stated that Cash and Pawn themselves, has even assisted in the apprehension of some suspects selling large amounts of stolen property, which the police department was able to make an arrest on. Sgt. Haffermann also stated that he has other pawn shops in the city and does not have this kind of cooperation with any other pawn shops. On 11- 04 -96, Detective Kaulfuss was able to be taken on a tour through the Cash and Pawn in Hopkins, by the chief financial officer, Allen Cross. Detective Kaulfuss, while there, observed the staff work in a very efficient and friendly manner to the customers in the store. Kaulfuss was able to tour the back room and found it to be very orderly, with all items properly marked with both names, dates and times of either the pawn or the sale. Kaulfuss was shown the video tape equipment used in recording the individuals selling any merchandise to Cash and Pawn either • through a pawn loan or an out right sale. This was very helpful, since a color video tape recording system is being requested by the city of Brooklyn Center to assist the police department in the apprehension of any suspects pawning or selling items that were later to be found stolen. Detective Kaulfuss learned that 75% of all items pawned at the pawn brokers are picked up by the owners within the required amount of time. Detective Kaulfuss was very pleased in dealing with both the president, CEO Jack Hartsoe, and the chief financial officer, Allen Cross, regarding Cash and Pawn. Both gentleman were extremely helpful, very honest and open regarding the business and their dealings with various police departments throughout the state of Minnesota and the Midwest. Detective Kaulfuss finds no reason why Cash and Pawn should not be granted a license to operate a pawn shop second hand dealer business at the Northbrook Shopping Center. MKJI • CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the 25th day of November, 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 Ordinance Number 95 -02, as extended by Ordinance Number 96 -04, regarding adult establishments. 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. 95 -02, AS EXTENDED BY ORDINANCE NO. 96-4, EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01 On March 27, 1995, the City Council adopted Ordinance No. 95 -02 entitled, AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED, which ordinance was extended by Ordinance No. 96 -04. 1.02 The City Council finds that additional time is needed to complete the study provided for in Ordinance No. 95 -02 and that an extension of said ordinance is necessary for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the city and to ensure that the city and its citizens retain the benefits of the city's Comprehensive Plan and Zoning Ordinance until the study is completed and any modifications to the city's zoning and land use regulations are adopted. Section 2. Amendment Section 6 of Ordinance No. 95 -02, as amended by Ordinance No. 96 -04, is amended as follows: This ordinance shall remain in effect tintil T o rroer 39- 1 until March 30. 1997 or until such earlier time as said ordinance shall be revoked or otherwise amended. • ORDINANCE NO. • Section 3. 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.) • • MEMO TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning nd Zoning S eciali a- - g g P � SUBJECT: An Ordinance Amending Ordinance No. 95 -02, As Extended By Ordinance No. 96 -4, Extending the Moratorium on the Siting of Adult Establishments DATE: November 19, 1996 On October 28, 1996 the City Council held a first reading on an ordinance amending Ordinance No. 95 -02, as extended by Ordinance No. 96 -4, extending the moratorium on the siting of adult establishments. The Planning Commission has had the opportunity to review studies cited in this moratorium ordinance and the Planning Commission and City Council have established December 9, 1996 as the date for a joint meeting to review various legal aspects of this ordinance and to discuss policy direction regarding the final ordinance draft. In the meantime, the moratorium ordinance would restrict the location of adult establishments defined in the ordinance to C -2 • (Commerce) zoning districts generally, provided they are 250 ft. or more from a residential zone, any public day care, library, park, religious institution, playground or other public recreational facility, measured from property line to property line. An emergency ordinance was passed by the City Council at its last meeting extending the moratorium for 60 days to cover any gaps that will result during the normal ordinance process. The moratorium ordinance itself would be extended until March 30, 1997. The ordinance amendment in question was first read on October 28, 1996, published on November b, 1996 and is offered for second reading and public hearing on November 25, 1996. It is recommended that the City Council open the public hearing, take public input and comment, close the public hearing and if the ordinance is acceptable, adopt it. The ordinance would again be published on December 4, 1996 and become effective on January 3, 1997. CONVENTION & VISITORS BUREAU MEMORANDUM DATE: November 22, 1996 TO: Honorable Myrna Kragness and City Council Members cc: Mike McCauley, City Manager FROM: Patrick Laniel, Executive Director RE: Proposed, Americinn Motel & Suites This information and conclusion is the result from our data of the basic supply and demand patterns with respect to proposed development of a Americinn Motel & Suites for Brooklyn Center. The proposal is an upscale limited service property that' would fit into a segment between Country Suites and the Hilton. The Americinn Motel & Suites have seventy six properties primarily in the Midwest with twenty six in development. The following points pertain to the Brooklyn Center property: 1 Construction consists of blocks and concrete minimizing noise in the sleeping rooms and corridors. 2. Lobby features a country living room setting. A meeting room and breakfast room are off from the lobby. 3. Eighty sleeping rooms, eighteen of them will be suites containing - whirlpools. 4. Twenty four walk out balconies. 6205 Earle BrownDr., Suite 100 5. Fitness room and indoor pool. Brooklyn Center, MN 55430 612/366 -7722 • 800/541 -4364 - 6. Strong reservation system. FAX 612/566 -6526 Serving the Communities of Blaine, Fridley, Brooklyn Center, Brooklyn Park, Mapi eelusion: _ Members MACVB/lACVB There are four different hotel market segments at the present time in Brooklyn Center: 1 Super 8, Budgetel Inn, Comfort Inn - limited service 2. Minneapolis North Hilton -upper full service 3. Days Inn Minneapolis North (renovated to a Holiday Inn ?) -mid full service 4. Country Inn Suites, Americinn Motels & Suites -upper limited service We do not at the present - time have any upper limited service hotels. When Holiday Inn converted to a Hilton, we lost the upper limited service customer that patronized the Holiday Inn to other communities outside North Metro that could fill this segment. Using the Earle Brown Heritage Center as our primary amenity to sell hotel rooms, I believe we can recapture this market with the addition of the Americinn Motel & Suites rooms. The cluster effect of similar businesses has generated many benefits in terms of business success because the various market segments present in the area are unequal to any other area. I spent twelve years on the Bloomington strip in the early operational years of the Sheraton Hotel. I saw similar growth occur and was heavily involved in advising the city official's, concerns regarding the oversaturation issue. ' We may not have an airport or , mega mall in North Metro Minneapolis, but we have the quiet side of town yet are convenient to all the Twin Cities amenities. This is our hospitality market and I recommend we study future hospitality development as it relates to the saturation issue. I think this is healthy for all parties concerned. Please count on me to be part of the process. I believe we have the momentum going in the right direction. I not only recommend but will be excited to see the Americinn Motel & Suites as part of our North Metro Minneapolis room inventory: • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren Planning and Zoning S ecialit� Planning g p Subject: City Council Consideration Item - Planning Commission Applicant No. 96020 Date: November 18, 1996 On the November 25, 1996 City Council Agenda is Planning Commission Application No. 96020 submitted by Dakota Hospitality requesting a Planned Unit Development (PUD) Amendment to build a 42,244 sq. ft., four story AmericInn at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 96020 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. This matter was considered by the Planning Commission at their November 14, 1996 meeting and was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions of the Planning Commission. • • Planning Commission Information Sheet Application No. 96020 Applicant: Dakota Hospitality Company Location: Northwest Corner of Freeway Boulevard and Shingle Creek Parkway Request: Planned Unit Development Amendment The applicant, Dakota Hospitality Company, is seeking an amendment to the Planned Unit Development approval for this area in order to build a 42,244 sq. ft., four story AmericInn. The property in question is legally described as Tract B, RLS 1619 and is a 4.12 acre parcel of land located at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. This specific site is the same site for which the City Council approved a PUD/I -1 rezoning and development plan for a 10,000 sq. ft. Country Harvest Buffet Restaurant under Planning Commission Application 94014 on November 28, 1994 (see City Council Resolution No. 94-25- This site, with the Country Harvest Buffet development plan, was also acknowledged in a City initiated PUD/I -1 rezoning of a larger area including this property and surrounding property in 1995. The property under consideration is bounded on the north by Parkway Circle (a private access drive serving various businesses in the area) with the Parkway Place officelindustrial building on the opposite side; on the east by Shingle Creek Parkway with a building containing various • industrial uses and the Spiritual Life Ministries on the opposite side; on the south by Freeway Boulevard with Chi Chi's Restaurant on the opposite side; and on the west by the Minnesota State High School League building. The current applicant has submitted a new plan for development of this area. Their proposal calls for a four story, 80 unit motel that would be located on approximately 1.65 acres of this 4.12 acre site. The building will lie on the westerly portion of the property with parking located to the east and north of the building. The remaining 2.47 acres on the easterly portion of the site are proposed for a future development, possibly a restaurant, and contains an existing ponding area servicing this site and surrounding sites that provides for storm water retention and water quality purposes. Clarification from the applicant needs to be provided as to the total number of motel units comprehended. Their site plan indicates 80 units, the application indicates 88 units and the floor plans show a total of 83 units. For purposes of our review we will utilize an 88 unit motel complex. ACCESS/PARKING Access to the property is to be gained via Freeway Boulevard and from Parkway Circle. Two accesses are comprehended from Parkway Circle and a 40 ft. wide access is proposed along Freeway Boulevard, opposite of the access serving Chi Chi's Restaurant. This access exceeds • 11 -14 -96 Page 1 • the maximum permitted under the zoning ordinance for commercial or industrial developments. This has been pointed out to the applicant and will need to be revised either by reducing the access width to less than 30 ft. or providing a concrete delineator separating entrance and exit traffic. (Note: This has been corrected by a plan received on 11- 12 -96.) Another correction that needs to be made to the site plan involves meeting the 50 ft. building setback requirement from Freeway Boulevard. The site plan shows the front of the AmericInn to be 29 ft. 6 in. from the property line. Moving this building back from the property line will allow the access to shift somewhat more to the west, better aligning it with the Chi Chi's access on the south side of Freeway Boulevard. Moving the building to the north may eliminate some parking on the north end of the building. (Note: This has been corrected by a plan received on 11- 12 -96.) With respect to parking, an 88 unit motel with 12 employees would require 100 on -site parking spaces. The plan provided shows 113 parking spaces including six handicap spaces. Seven spaces are shown at the very north end of the building and may have to be eliminated with the shifting of the building to meet setback requirements. If these seven parking spaces are eliminated, there still would be 106 parking spaces on site which would exceed the parking requirement for an 88 unit motel building. Again, the applicant should clarify the total number of units that will be constructed. B -612 curb and gutter will be required around all driving and parking areas. It should be noted that no curb and gutter is indicated along the east side of the development plan where a future development may take place. I would only recommend the deferral of curb and gutter in this area for a short period of time pending development of the • remaining 2.47 acres. The same is true with landscaping for this portion of the site, it should only be deferred for a specific period of time. The plans should be modified to provide a concrete parking delineator at the north end of the row of parking closest to the building. It is possible that the applicants may choose to seek a replatting of the property to create two lots on the site. This would have to be done under a separate application. Any future building development would be subject to the same Planned Unit Development Amendment process that the applicant is going through currently. DRAINAGE /GRADING/UTILITIES The drainage plan is proposed to drain the parking lot into five catch basins located at various points around the site. One catch basin is located in a greenstrip area west of the building, two catch basins are located at the north end of the parking lot, a fourth catch basin about midway along the east side of the parking lot and the fifth catch basin at the southeast corner of the site. Water will be conveyed via these catch basins and storm sewer to a 12 inch storm sewer located in an easement area at the south end of the site. Water will then be conveyed to the existing pond located at the corner of Freeway Boulevard and Shingle Creek Parkway. This pond serves as an area wide drainage pond and has been reviewed and approved by the Shingle Creek Watershed Management Commission to service this entire area. Sanitary sewer will be connected at the 11 -14 -96 Page 2 southwest corner of the building to tie into existing sewer located also in an easement area along • the south side of the building. Water will be connected to the building at the southeast comer with the water line running under the parking lot to the north and then traversing the undeveloped area to tie into existing water main in Shingle Creek Parkway. This plan will not have to be reviewed by the Shingle Creek Watershed Management Commission as an area drainage plan has been prepared for this site and surrounding sites at the time this property was subdivided. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. They are only proposing to landscape the approximate 1.65 acre portion of the site that will be utilized by the AmericInn. The point requirement for this portion of the site is 80 landscape points. Their plan indicates a variety of plantings including 15 Greenspire Linden, 5 Colorado Blue Spruce, 24 Fragrant Sumac and various shrubs including 10 Andorra Juniper, 15 Blue Chip Juniper and 10 Goldflame Spirea. The planting size for Greenspire Linden should be 2 '/2 inch diameter rather than 1 inch, and for the Fragrant Sumac, the diameter for these decorative trees should be one inch. The total allowable points for this landscape plan, based on the point system, is 117.5 points. Giving credit for all plantings provided would run this total to 235.5 landscape points. • The plantings appear to be well dispersed with two Lindens located along the Parkway Circle greenstrip, five located on parking lot protector areas, four along the west side of the building, and four in the greenstrip areas adjacent to Freeway Boulevard. Fragrant Sumac are also located along the Parkway Circle greenstrip and in an island area in the parking lot as well as on the east and west sides of the building. The remaining shrubs are also well dispersed around the building and the Colorado Spruce are located on the Parkway Circle and the Freeway Boulevard greenstrip areas. Sidewalks are provided around the north and east sides of the building and connect to sidewalk along Freeway Boulevard. BUILDING The building elevations show three levels to the building stepping away from Freeway Boulevard. The main entrance to the building is along the east side where an entrance canopy is to be located. The building exterior includes face brick on the lower levels and stained cedar siding on the balance of the building. My understanding is that the color of the building is to be gray. Peaked roofs with shingles will highlight the roof treatments and decks along portions of the east and west elevations will be provided for specific rooms in the hotel. The floor plans indicate a pool area, lobby and hospitality areas on the main floor as well as the various floor plans for specific units. • 11-14-96 Page 3 . LIGHTING /TRASH The applicant has submitted a lighting plan indicating the location for ten parking lot lights, two in the north parking lot and the balance along the east side of the building and in the island area dividing the parking lot. The type of fixture for the parking lot lights will be a rectangular cut - off luminaire, which will direct lighting downward and should not create glare off of the site. The lighting plan indicates the foot candles at various locations on the site from the lighting provided. The plan indicates there will not be any spill over onto adjacent property. The height of the parking lot lighting is not indicated. The site plan indicates that the trash enclosure will be located at the northwest corner of the building adjacent to the westerly access onto Parkway Circle. No detail of the enclosure is provided. It should be pointed out that the trash enclosure should be of the same material aSthe exterior of the building and the gates should be of an opaque material. Plastic slats, however, are not acceptable for gate screening. The plans as a whole, and with some modifications and adjustments, appear to be in order. The applicant will be informed of the comments contained in this report and hopefully adjustments will be made to the plans prior to the Planning Commission meeting. PROCEDURE • As ointed out previously, this is amendment t t p p y, proposal an amendme o he Planned Unit Development proposal for this area. As such, it is required to follow the procedures contained in Section 35- 355 regarding Planned Unit Development (attached). This requires a public hearing which has been scheduled. Notices have been sent and a notice has been published in the Brooklyn Center Sun/Post. Normally with rezonings or planned unit developments, these matters are referred to neighborhood advisory groups for review and comment. The Planning Commission serves as the neighborhood advisory group for the industrial park area and, therefore, no referral is necessary. Reference should be made as well with the recommendation as to the compatibility and consistency of this development plan with the standards for Planned Unit Development proposals. Some questions have been raised about the marketability on new units given the already existing units in the area. Dakota Hospitality Company has provided a brief explanation and I believe may have additional information for the Commission at Thursday's meeting. RECOMMENDATION With some adjustments and modifications to the plan, which is anticipated to be made by the applicant, the plans should be in order and approval is recommended subject to at least the following considerations and conditions. It is recommended that the Planned Unit Development amendment proposed under Planning Commission Application No. 96020 submitted by Dakota • 11 -14 -96 Page 4 • Hospitality Company be approved in light of the following considerations: 1. The development plans are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The development plans will allow for the utilization of the land in question in a manner which is considered compatible with, complimentary to and of comparable intensity to adjacent land uses as well as those uses permitted on surrounding land. 3. The utilization of the property as proposed under the development plan will conform with City ordinance standards and is considered to be a reasonable use of the property. 4. The development plans are considered compatible with recommendations in the P P P City's Comprehensive ty Plan for this area of the City. 5. The development plan appears to be a good, long range use of the existing land and can be considered to be consistent with other motel developments in the area and is in the best interest of the community. It is further recommended that approval of Application No. 96020 be subject to the following . conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits. 4. Any outside trash disposal facilities 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. V 6. An underground irrigation system shall be installed in all landscaped areas to • 11 -14 -96 Page 5 • facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. S. B -612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility storm drainage systems, prior to issuance of permits. 11. The plan shall be modified in the following manner. A. To meet the 50 ft. building setback requirement from the Freeway Boulevard right -of -way line. B. To clarify the total number of units proposed for the development. C. Modification to the driveway access on Freeway Boulevard to be consistent with • City Ordinance requirements. D. To provide a concrete parking delineator /protector at the north end of the row of parking closest to the building. E. To provide details of the trash enclosure area showing material to be used to provide proper screening. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's 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. The area identified on the site plan as "future development" shall be seeded in a manner to allow appropriate maintenance. If, after three years from the date of issuance of the building permits for this project, this area is not developed or improved, additional landscaping, underground irrigation and B -612 curb and gutter shall be installed in accordance with City Ordinances. The performance guarantee for • 11 -14 -96 Page 6 this project shall not be released in its entirety until this area is developed or said • required improvements have been completed. 15. Further development of the area identified as "future development" is subject to amendment to this Planned Unit Development. The City will not allow this area to be developed as a fast food/convenience food restaurant or a gasoline service station. The development agreement mentioned above will acknowledge this restriction or limitation. 11 -14 -96 Page 7 K kr;4;�� , kmT ahv to rtinnii - _� ads 5ii �dt iAVnr cis. 4 Sltvf W IMOU 3 I U � ` � Tom.' � �� K• c �� - ` + ;. � �\ ` �'�1.. \, \� �.-�� - � �`, t r? 'rt 3nv iirtH`en �i) � I. _ Iftr anv friminrcvii "_✓ `y,�i �i 'i � _�xti�; �� (9� - — — — - — -- — - - -- -- -- ---- — I -�.I �- "_ J�.U1. I--1_�J I_�_ ��• !1 _ nvt vE (_ I1-1.�._�_�_�:) o► l — �Mi Jo -__ -- - --- 1 ^ M Mum L.r V 1 f h10. 1572 1rtr,cr F, 1 {7ACT - LEGAL DESCRIPTION TRACT B REGISTERED LAND SURVEY NO. 1619 „F -- a ' I THE AREA OF THE PROPERTY IS 179468 SQUARE FEET y / _i n• ° ..... , .. - _ — T i OF 4.1200 ACRES ± - N •1e� Il ,. n.,. ,. \ I f � PIN m p cL 1 i' )' • }� ' m / 7 J .C= .:[f.721d_� a..nl l:0 r;� .X �ll "' v 2� // . � Ift•CI C :I6. 1RACf 0 7. FRtFWAY .. _: t_ � �.. \ LV a r ( 1. KC7 _9 _.— . —. -n Rp /:.�•1\ / o n , t R.L.S. N0. 1 (_J V q RO s d)� - � t56� ft LS. n0. le .( 11 _ °> >,. C < o•a 1572 R.L.S. ( O. \\ \ RL.S. N0. I n 7 n. 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O m �' log A i to 0 - 1ut� !lu ail � III�YIII � I tp T.L SIRDH t�+oTn. �p ° I > 1 APCF=Cr-' , LTD. - - _- - _ - - vac . catr� t — . s _ - - - Oft - _ - - -- - / EA5T F-LEVATION -7 Hllt'PNtf: cP1bYf l wo -�� - 1 �+ I rH�_ -- jf ; 1, � , _1 f[f J�,I'ff .. -_ -._ ... 4 - -� - - _- - �-' IE Fry '!lEST ELEVAJ(O N • MINUTES OF THE PROCEEDING OF THE PLANNING NNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 14, 1996 CALL TO ORDER The Planning Commission met in a regular session called to order, by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Donald Booth, Mark Holmes, Rex Newman, and Brian Walker were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Dianne Reem entered the meeting at 8:05 p.m. APPROVAL OF MINUTES - OCTOBER 17 AND OCTOBER 30. 1996 There was a motion by Commissioner Newman, seconded by Commissioner Walker, to approve the • minutes of the October 17, 1996 meeting as submitted. The motion passed unanimously. Commissioners Boeck and Holmes abstained. There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to acknowledge the minutes of the Joint Planning /Council meeting held October 30, 1996 which have been approved by the City Council and to include them in the Planning Commission record as well. The motion passed unanimously. Commissioner Booth and Chair Willson abstained. CHAIR'S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 96020 (DAKOTA HOSPITALITY COMPANY) Chair Willson introduced Application No. 96020, a request from Dakota Hospitality Company, Fargo, ND, to amend a Planned Unit Development to construct an AmericInn Motel and Suites on the property located at the northwest corner of Freeway Boulevard and Shingle Creek Parkway. (The applicant presented extensive preliminary information at the Commission's October 17 meeting, including drawings, a model of the proposed motel building, and data on the Dakota Hospitality development and management company.) • 11 -14 -96 1 • The Secretary presented the staff report using overhead transparencies to show the location and site and building plans for the proposed motel. (See Planning Commission Information Sheet for Application No. 96020 dated 11 -14 -96 attached.) This 4.12 acre parcel of land was approved by the Council for a restaurant development in 1994 and in 1995 the site and PUD were included in a City initiated PUD I -1 rezoning of a larger area of property. The current applicant submitted a new plan for development of a 4 -story 80 unit motel on the westerly 1.65 acres of this site with parking on the east and north of the building. Mr. Warren requested the applicant to clarify the number of units to be built since their plans show discrepancies in that number. The staff analysis was conducted utilizing an 88 unit motel complex. Mr. Warren explained that the remaining 2.47 acres on the easterly portion of the property are proposed for future development, possibly a restaurant. This portion contains a ponding area that services this site and surrounding sites for storm water retention and water quality purposes. The Watershed Commission reviewed the previous PUD, therefore no further Watershed review is necessary. Mr. Warren reviewed locations of two accesses to the property. A corrected site plan (dated 11 -12- 96) includes access modifications to conform to the zoning ordinance. The parking plan exceeds requirements for an 88 unit motel building. A concrete parking delineator at the north end of parking closest to the building should be provided. The landscape plan exceeds the evaluation point system for a 1.65 acre site. Mr. Warren recommended that curb and gutter and landscaping installation for the 2.47 acre parcel designated for future development be deferred for a specific period of time pending development of that parcel. If development does not occur within that period, the applicant • must install the required curbs, gutters, underground irrigation and landscaping. In the interim, the area identified for future development must be seeded to facilitate appropriate maintenance. Acceptable plans for drainage, grading and utilities were reviewed. Mr. Warren responded to Commissioners' questions regarding the drainage plan and indicated the City Engineer's review of the plans has not yet been received. Commissioner Boeck suggested that utility easements be provided. The motel building, the floor plans, and lighting scheme were described. Mr. Warren indicated additional information is required regarding the trash enclosure. It was pointed out that if the applicant chooses to replat the property into two lots, a separate application must be submitted and any future building development on the property would be subject to the PUD amendment process. Mr. Warren reviewed the PUD rocedures and stated the plans submitted b Dakota Hospitality p p Y p Y Company as a whole, with some modifications and adjustments, appear to be in order and recommended approval of Application No. 96020, subject to the considerations and conditions outlined in the staff report and discussed with the Applicant. A public hearing is scheduled. A letter dated November 12, 1996, including market data regarding the City's lodging industry prepared by The Wold Company, was distributed to the Commission members at this meeting. Chair Willson called for questions from the Commissioners. Issues considered included the • sidewalk around the pond area on the east parcel, landscaping materials, conformance to the 11 -14 -96 2 • Comprehensive Plan for this property, curb and gutter installation, and maintenance of the undeveloped parcel. The Secretary responded to questions and provided clarification of the plans. PUBLIC HEARING (APPLICATION NO 96020) There was a motion by Commissioner Boeck, seconded by Commissioner Walker, to open the public hearing on Application No. 96020 at 8:24 p.m. The motion passed unanimously. Mr. Terry Stroh, T.L. Stroh Architects (and construction management) representing the applicant, stated that all the conditions are acceptable and modifications will be completed within the next 2 weeks. Dakota Hospitality Company and the Wold Company are actively pursuing development of the property east of the motel site, including possible construction of a restaurant. Decorative rock will be used in conjunction with landscaping, the trash enclosure will meet specifications, appropriate access radii and parking delineators will be provided, and all utility easements will be reviewed with the City Engineer. Mr. Stroh stated the motel will contain 84 units, and is a high - quality, limited- service facility designed to fill a niche in the market with a wide variety of amenities for guests. The motel will not have a restaurant or bar on site. Mr. John Seibert, Vice President and Director of Real Estate Operations, The Wold Company, responded to Commissioner Holmes' concern regarding market demand for additional hotel rooms in Brooklyn Center. He explained that research supports the City's strong lodging industry and the additional rooms will not decrease shares to the existing properties, but increase to the overall market demand. According to Mr. Seibert, corporate, governmental, and tourism needs, as well as entertainment, shopping and visibility from the freeway, are strong factors in the Brooklyn Center area. Following discussion, the Commissioners did not interpose any objections to the location and site and building plans submitted under Application No. 96020. CLOSE PUBLIC HEARING (APPLICATION NO. 96020 There was a motion by Commissioner Holmes, seconded by Commissioner Booth, to close the public hearing at 8:35 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 96020 There was a motion by Commissioner Boeck, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 96020, a Planned Unit Development Amendment submitted by Dakota Hospitality Company, in light of to the following considerations: 1. The development plans are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. 2. The development plans will allow for the utilization of the land in question in a manner which is consistent with, complimentary to and of comparable intensity to • adjacent land uses as well as those uses permitted on surrounding land. 11 -14 -96 3 • 3. The utilization of the property as proposed under the development plan will conform with City ordinance standards and is considered to be a reasonable use of the property. 4. The development plans are considered compatible with recommendations in the City's Comprehensive Plan for this area of the City. 5. The development plan appears to be a good, long range use of the existing land and can be considered to be consistent with other motel developments in the area and is in the best interest of the community. It is further recommended that approval of Application No. 96020 be 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 including appropriate easements 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 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 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 with the exception of the east side of the parking lot as referenced in condition 14. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines prior to the release of the performance guarantee. • 11 -14 -96 4 • 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility storm drainage systems prior to issuance of permits. 11. The plan shall be modified in the following manner: A. To meet the 50 ft. building setback requirement from the Freeway Boulevard right -of -way line. B. To clarify the total number of units proposed for the development. C. Modification to the driveway access on Freeway Boulevard to be consistent with City Ordinance requirements and to provide proper radii for the two northerly accesses on Parkway Circle. D. To provide a concrete parking delineator /protector at the north end of the row of parking closest to the building. E. To provide details of the trash enclosure area showing material to be used to provide proper screening. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's 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. The area identified on the site plan as "future development" shall be seeded in a manner to allow appropriate maintenance. If, after three years from the date of issuance of the building permits for this project, this area is not developed or improved, additional landscaping, underground irrigation and B -612 curb and gutter shall be installed in accordance with City Ordinances. The performance guarantee for this project shall not be released in its entirety until this area is developed or said required improvements have been completed. 15. Further development of the area identified as "future development" is subject to amendment to this Planned Unit Development. The City will not allow this area to be developed as a fast food/convenience food restaurant or a gasoline service station. The development agreement mentioned in condition 13 will acknowledge this restriction or limitation. Voting in favor: Chair Willson, Commissioners Boeck, Booth, Holmes, Newman, Reem, and Walker. The motion passed unanimously. 11 -14 -96 5 • The Council will consider the recommendation at its Monday, November 25, 1996 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. Chair Willson recessed the meeting at 8:45 p.m. and reconvened at 8:50 p.m. DISCUSSION ITEM - MODIFICATION TO TAX INCREMENT FINANCING (TIF) DISTRICT NO.3 Mr. Warren referred to Community Development Director Brad Hoffman's November 12 memorandum regarding Tax Increment District No. 3, and attached materials dated November 6, 1996, from Mark Winkelhake, Springsted, Inc., Public Financial Advisors, St, Paul, regarding TIF Plan Modifications. It was noted that by law the Planning Commission is given the opportunity to review the proposal and offer comments. Mr. Warren reviewed the background to TIF District No. 3 established in 1994 designed to finance certain redevelopment projects, the subsequent drop in market value of 6 parcels in the District for tax purposes caused primarily by tax court decisions favoring certain property owners, and the purpose and rationale for the modifications. Modification No_ 1 removes the 6 de- valued parcels from the District. Modification No. 2 returns the 6 parcels to the TIF District at their current reduced market values. • Mr. Warren introduced Mr. Winkelhake representing Springsted, Inc. The Commissioners participated in a lengthy discussion regarding the tax increment financing theory, the current status and future outlook for all the parcels in TIF District No. 3, and use of revenue generated by this District. Messrs. Warren and Winkelhake responded to Commissioners' questions. Following its discussion, the Commission agreed that the proposed modifications to the District 3 TIF Plan conform with the City's Comprehensive Plan. ACTION REGARDING MODIFICATIONS TO TAX INCREMENT FINANCING PLAN FOR TIF DISTRICT NO. 3 There was a motion by Commissioner Holmes, seconded by Commissioner Holmes, to affirm that Modification Nos. 1 and 2 to the TIF Plan for Tax Increment Financing District No. 3 are consistent with the Comprehensive Plan of the City of Brooklyn Center. Voting in favor: Chair Willson, Commissioners Boeck, Booth, Holmes, Newman, Reem and Walker. The motion passed unanimously. OTHER BUSINESS Mr. Warren announced a joint meeting with the City Council is scheduled for 7 p.m., Monday, December 9, to consider the adult use policy /ordinance. The Commission's next regular meeting will be on December 12, 1996. A second meeting of the Northwest Neighborhood Advisory Group is tentatively scheduled for Tuesday, November 26, 1996, to review Application No. 96017 submitted by Brookdale Mitsubishi. 11 -14 -96 6 • Chair Willson and Commissioners Boeck, Reem, and Walker, whose terms expire on December 31, 1996, informed the Secretary of their desire and willingness to accept reappointment to the Planning Commission. Commissioner Reem inquired about the status of the Rainbow Food Store /Walgreen development project at 63rd and Brooklyn Boulevard. Mr. Warren stated the City is currently processing the building permits and'the closing for the sale of the parcel to Walgreen's was scheduled for today. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Holmes, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 9:35 p.m. Chair Recorded and transcribed by: Arlene Bergfalk Timesaver Off Site Secretarial 11 -14 -96 7 its adoption: Member Dave Rosene introducers the following resolution and moved • RESOLUT 94 - IOIv NO. �53 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 94014 SUBMITTED BY COUNTRY HARVEST BUFFET MANAGEMENT INC. WHEREAS, Planning Commission Application No. 94014 submitted by Country Harvest Management, Inc. proposes rezoning from I -1 (Industrial Park) to PUD /C2 (Planned Unit Development/Commerce) of the property located at the northwest quadrant of Freeway Boulevard and Shingle Creek Parkway; and WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and site and building plan approval for a commerce planned unit development involving a 10,000 square foot, 400 seat restaurant at that location: and W=REAS, the Planning Commission held a duly called public hearing on November 17, 1994, when a staff report and public testimony regarding the rezoning and site and building plans were received; and WHEREAS, the.Planning Commission recommended approval of .application No. 94014 by adopting Planning Commission Resolution No. 94 -2 on November 17,'1994: and • WHEREAS, the City Council considered Application No. 94014 at its November 28. 1994 meeting; and WHEREAS, the City Council has considered this rezoning and site and building plan request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance guidelines of the Planned v p ed Unit Development Ordinance contained in Section 3 5 -35 light " e � .,�5 and in of the Ctt s Comprehensive Plan; an Y P , and WHEREAS, the City Council has determined that the specific development proposed for the property is appropriate, but that the most appropriate underlying zoning classification for the property is I -I (Industrial Park). NOW THEREFORE BE IT RESOLVED BY the City Council of the City of Brooklyn Center that Application No. 94014 submitted by Country Harvest Buffet Management, Inc. be approved as a rezoning to PUD /I -1 in light of the following considerations: 1. The rezoning and site and building plans are compatible with the standards, purposes and intent of the Planned Unit Development section of the City's Zoning Ordinance. Resolution No. 94 -233 • ? • The rezoning and site and building plans will allow for the utilization of the land in question in a manner which is considered compatible with, complimentary to and of comparable intensity, to adjacent land uses as well as those uses 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 site and building plans are considered, compatible with recommendations in the City's Comprehensive Plan for this area of the City. 5• The rezoning and site and building plans appear to be a rood long range use of the existing land and can be considered to be in the best interests of the community. BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval of Application No. 94014 as a rezoning to PUD /I -1 be subject to the following conditions and consideration: 1. The building plans are subject to review and approval by the Building Official • with respect to applicable codes prior to the issuance of permits. 2• Grading d rainage and utility plans are subject to review and approval by the Engineering Department prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to issuance of permits. 4• Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 5• The building is to be equipped with an automatic fire extinguishing, sysiem 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 maintenance. i. Plan approval is exclusive of all sianery which is subject to Chapter 34 of the City Ordinances. • 8. B612 curb and gutter shall be provided around all paring and driving areas. Resolution No. 94 -253 • 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 propert owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to issuance of permits. 11. The plan shall be modified to indicate parkin' lot screening along the green strip areas. 12. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's 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. . The area identified on the site plan as "undeveloped" shall be seeded in a manner to allow appropriate maintenance. If, after three years from the date of the issuance of building permits for this project, this area is not developed or improved additional landscaping, underground irrigation and B612 curb and gutter • shall be installed in accordance with City Ordinances. The performance guarantee for this project shall not be released in its entirety until this area is developed or said required improvements have been completed. 15. Further development of the area identified as "undeveloped" is subject to amendment to this planned unit development. The City will not allow this area to be developed as a fast food or convenience food restaurant. The development agreement mentioned above shall acknowledge this restriction or limitation. Nove*nber 29, 1994 Date Todd Paulson, Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Kristen M ann and upon voting being taken thereon, the following voted in favor thereof. Zbdd Paulscn, Dave Rcsene, _ Scott, and .Kristeri Mane.; and the following voted against the same: none, where upon said resolution was declared duly passed and adopted. Landscape Point System 1 . Landscape Plantings shall be provided an the site based on the point system indicated below: Maximum % * Planting Type Minimum Size Points /Planting of Points Shade trees (Deciduous, Maple, 2 1/2" diameter 10 50 Linden, Ash, Oak, Locust, etc) Coniferous Trees (Pine, Spruce, 15' height 6 40 Cedar) Decorative Trees (Russian Olives, ( 1 " diameter 1.5 35 Radiant Crab, Canada Red Cherry , etc) Shbs (Dogwood, Spirea, 12" diameter .5 25 E� range, Juniper, Arborvitae, etc) Points Required Per Acre The following schedule shall be used to determine the required number of points for a given site. The schedule is cumulative so that the first two acres of any site will require points on the basis of the column headed "0 -2 " ; the next eight acres shall be computed an the basis of the column headed "2 -10 and, area over ten acres shall be computed on the basis of the column headed "101 " . Land Area of Site (Acres) Type of Development 0 -2 2 -10 10+ Office 100 80 60 staurant'Retail/ Service /Entertainment,�l-lotels ( 80 60 40 Light Industrial I 75 160 50 Heavy Industrial 60 150 ( 40 Office /Industrial (Over 25% office) I 90 ( 70 150 i Multi- Family Residential I 90 75 60 Examples Six acre office site = 2 acres @100 plus 4 acres @ 80 = 520 points Fifteen acre retail/restaurant = 2 acres @ 80 plus 8 acres @ 60 plus 5 acres @ 40 = 840 points 2. The above point system in no way substitutes for the screening and 'buffer requirements set forth in the Zoning Ordinance. Plantings used for screening purposes shall be accorded points, but fulfilling the point requirements shall not obviate the requirements for screening. 3. filature existing trees shall be accorded paints on the basis of the above point schedule. A bonus equal up to the full value of a given planting may be granted by the Commission far the preservation of large existing plantings. 4. All green areas on a site shall be sodded except in areas where viable turf exists and is totally undisturbed by construction. The burden shall be on the developer to prove at the time of a site inspection that such viable turf, in fact, exists and has been properly maintained. • Ail greens rips adjacent to an interior property line shaii be a minimum of 5 . in width except in cases where special buffer provisions apply. - andscaoe Point �vstem Revised Z 3� C. Accessory uses incidental to the foregoing principal uses when located on the same property with the use to which it is accessory but not including any business or industrial uses. Such accessory uses to include but not be restricted to the following: I. Off- street parkin;. 2. Public recreational buildings and parks, playgrounds and athletic fields. J. Sims as permitted in the Brooklyn Center Sign Ordinance. 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. 0 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 Qovernina the underlying zoning district subject 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. case of districts rezoned t o PUD-,' MIXED, the Council shall. specify regulations In the c P fY 5 applicable to uses and structures in various parts of the district. 3 5 -45 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 - MIXED, 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, excluding 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: 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 land 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 3-400 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 -400 to 35 -414 and Section >> -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. 3 5 -46 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 M . 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. e. The uniqueness of each PUD requires that specifications 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 mav, 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: 1. Street and utility locations and sizes; 2. A drainage plan, including location and size of pipes and water storage areas; ., P � P P 3. A grading plan; -1. 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; • 35 -47 • S. A site plan shoMng 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. 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 owners 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 -205 of this ordinance, the City Council shall base its actions on the rezoning upon the following criteria: I. 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 PUTD, 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. • 35 -45 The plan submitted for approval pursuant to Section 35 -230 shall be in substantial • compliance with the approved development plan. Substantial compliance shall mean that buildings. parking areas and roads are in essentially the same location as previously approved; 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. 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. After approval of the development plan and the plan approval required by Section 3 35-2 3 )0, 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 been 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 g y Hate rezonm of the ro e P P rtY• 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 after such notice and hearing as may be deemed appropriate by the Planning Commission. • 35 -49 The Wold Compan Real Estate Development & Brokerage November 12, 1996 The City of Brooklyn Center c/o Mr. Ron Warren 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Market Report - Brooklyn Center for Dakota Hospitality Company Dear Ron: Enctosed please find a few copies of further market data that supports our assertion that Brooklyn Center has a very strong lodging industry and the additional proposed rooms will not decrease the market shares to the existing properties but increase to the • overall market demand. I hope you will find this information sufficient to meet any of the questions or concerns raised by the Planning Committee and the City Council. Terry Stroh and Don Evenson will be in attendance at the November 14` meeting to answer any questions regarding the application and feasibility. Please call if you have any questions or concerns Sincere , Kelly W d- erzog KW p Enclo res • Specializing in Hospitality Development 505 40th Street Southwest • Far;o. North Dakota 58 t03 701/282 -7771 Telephone • 701/282 -5005 Facsimile i • THE WOLD COMPANY MARKET STUDY AND ANALYSIS OF BROOKLYN CENTER, MINNESOTA Prepared for: DAKOTA HOSPITALITY COMPANY TABLE OF CONTENTS PROPOSED DEVELOMBENT 3 MARKET ANALYSIS 4 Lodging Industry Profile 4 TOURISM AFFECTS OUR ECONOMY BY: 4 THE LODGING INDUSTRY (1995) 5 PROPERTY/ROOM BREAKDOWN (199) 5 THE TYPICAL LODGING CUSTOMER: 6 Brooklyn Center, MN 6 MARKET DRIVERS 6 COMPETITION 7 SUMMARY OF EXISTING MARKET 7 MARKET SEGREGATION 8 SYNERGY OF SERVICES AT LOCATION 8 BARRIERS TO ENTRY 8 • THE METROPOLITAN AREA INLA-RKET 8 Summary 9 i r: \sys \Reports \Market Analysis - Brooklyn Center Proposed Development Dakota Hospitality Company, of Fargo, North Dakota believes the hospitality market in Brooklyn Center, MN, specifically Shingle Creek Parkway & Freeway Boulevard is strong and represents an opportunity to better meet the demand of the area and create a profitable business. The following market data represents information gathered by The Wold Company on behalf of Dakota Hospitality Company, used in the decision - making process on whether or not to proceed with the proposed construction of an 84 -room, high- quality, limited - service, hotel. As it will be apparent by the data, the market demand is strong and the current market supply of rooms does not meet the demand. There is a need for additional, quality rooms in the market, that offer a wide variety of amenities to meet the needs of today's hotel guest, all at an affordable price. Dakota Hospitality Company and The Wold Company, believe strongly that the impact of the proposed development will increase the demand for rooms in the area. It is believed that the synergy that is created with additional rooms will not take away business from the other properties currently there, but will add new demand and increase the overall market. F: \ris\Repam\Market -analysis - Brooklyn Center Market Analysis The overall lodging industry, since 1993 has experienced record high levels of occupancy and revenue. With a steadily growing economy combined with increased tourism, the hospitality industry is setting twenty -year highs. The future continues to look bright for the industry. Although mild declines nation -wide are expected, they are only anticipated to be short -lived and will not effect profitability. In fact, profitability is expected to continue to increase. The overall picture of the industry is strong. The year 1995 was the strongest year in U.S. lodging history. Lodging Industry Profile 1995 - MOST SUCCESSFUL YEAR IN U.S. LODGING HISTORY 46,000 properties (1995) 1 5 million rooms (1995) $72 billion in sales (1995) 65.5% average occupancy rate (1995) Globally, travel and tourism is the world's largest industry, producing $3.6 trillion of gross output in 1996, accounting for more than 10.7 % of the world's gross domestic product, and the world's largest generator of jobs, creating 225 million jobs (one in every nine), and one new job every 2.4 seconds, as well as adding another 130 million in the next 10 years. More than 1 billion people are expected to be traveling worldwide and international tourism receipts are expected to increase to $7.1 trillion by the year 2006. In the U.S., the tourism industry is currently #3 behind auto sales and food retail sales, and n2 in terms of employment behind health services. The tourism industry includes 15 interrelated business, from lodging establishments, airlines and restaurants to cruise lines, car rental firms, travel agents, and tour operators. TOURISM AFFECTS OUR ECONOMY BY: + Generating $421.5 billion in sales in 1995 excludes S18.5 billion in international visitor spending to U.S. air carriers, which represents 5.7% of the gross domestic product. + Supporting 6.6 million jobs directly in 1995. • + Paying $116 billion in wages and salaries. + Paying $64 billion in federal, state and local taxes in 1995. F: \sys\Repors\&1arket Analysis - Brooklyn Center THE LODGING INDUSTRY (1995) • The average room rates for recent years have increased steadily, as follows: 1984: $47.27 1990: $53.49 1985: $49.45 1991: $58.83 1986: $51.04 1992: $59.65 1987: $52.88 1993: $61.30 1988: $54.81 1994: $64.24 1989: $56.74 1995: $67.34 The industry pays $16.3 billion in wages and salaries and employs 1.1 million people full- and part-time. PROPERTY/ROOM BREAKDOWN (1995) By Inventory Property Rooms' Urban 5.4% 14.3% Suburban 40.4% 35.1% Highway 47.7% 33.6% Airport 2.6% 6.4% Resort 3.9% 10.6% By Rate: Under $30.00 26.8% 8.2% $30- $44.99 28.0% 17.1% $45- $59.99 16.3% 17.9% $60 -$85 15.1% 22.0% Over $85 13.0% 34.8% By Size: Under 75 rooms 66.8% 25.52% 75 -149 rooms 21_5% 30.8% 150 -299 rooms 8.6% 22.6% over 300 rooms 3.1% 21.4% K Based on a total of 46,000 properties. **Based on a total of 3.5 million rooms. F: \sys\Repors\Market .analysis - Brooklyn Center 5 • THE TYPICAL O L DGING CUSTOMER. 25% are on leisure trip 30% are transient business travelers 25% are attending a conference 20 have other (personal /family) reasons for their stay The typical business room night is generated by a male (75 %), age 25 - 34 (35 %), employed in a whit collar occupation (53 %), earning and average household income of $58,100. They travel alone (79 %), make reservations (91 %), and pay $70.40 per room night. The typical leisure room night is generated by two adults (50 %), over age 50 (38 %), earning an average household income of $50 They travel by auto (73%) make reservations 80% and pay $64.80 per room night. For a hotel stay of all business travelers spent one nig ht, 24°/ w °� y, p g o spent two ni hts, and 37 ,o spent three or more nights. For leisure travelers, 47% spent one night, 26% spent two nights, and 27% spent three or more nights. Some of this information contained herein is based on dan= provided by Smith Travel Research, D.K 5ni)7'let &Associates, Ltd, the Travel Industry Association of America, the Office of Tourism Industries, the Tourism Works for America Council, and the Xlarld Tourism Organization. • Brooklyn Center, MN SHINGLE CREEK PARKWAY AT FREEWAY BLVD. MARKET DRIVERS Brooklyn Center has a few strong market drivers that equate room sales. First, the corporate population is substantial, and along with the City Hall and the Earl Brown Center, will drive the week - day sales (TMonday through Thursday). As an added bonus to this particular market, there is a tourism factor driver by the immediate shopping and golfing. Additionally, as this site is visible and easily accessible from I -694, it is anticipated that highway travelers would make up a portion of room sales. The leisure and highway travelers are anticipated to make up the significant portion of the weekend business. Business Traveler Leisure Traveler Corporate Population Shopping Earl Brown Center (Conventions) Golfing /recreation Highway stop for travelers Earl Brown Center (Social events) F: \sys \Reports\:vlarket :analysis - Brooklyn Center 6 • COMPETITION Several hotel /motel properties will operate near the proposed site: Property # Units Pool Advertised Rate Super 8 103 No 543.88- 52.88 North Hilton 176 Indoor $79.CC- 139.00 Inn on the Farm 10 No $100.00- 130.00 Days Inn 214 Indoor $49.CC -79.00 Brookdale Inn 25 No BudgetelInn 98 No $43.95 -62.95 Comfort Inn 60 No $44.95 -89.95 Country Inn & Suites 60 Indoor 555.00 -75.00 Performance of the area hotel /motel properties has been good: Property Period Occupancy ADR Comfort Inn 1995 78 0 ,0 $49.00 1996 82% $53.88 Holiday Inn /Hilton 1995 77% $65.67 1996 (tilid -year) 77% $67.24 • Northland Inn 1995 79% $110.00 On a national scale, hotel /motel properties performed at a 65.5% occupancy with an average daily rate of $67.34. Limited- service properties broke even at 45 -50% occupancy and an average daily rate of $40.00. SUMMARY OF EXISTING MARKET Several of the existing properties are aging, and some don't have certain amenities, such as an indoor pool, that most business and leisure travelers have come to expect. Many (29 %) have been badly neglected by management and are not considered to be art of the potential b P P competitive set. Current Market Future Market Total rooms: 686 826' Total rooms not serviced by a pool: 293 (43 %) 293 (35%) *Includes Country Inn and proposed Americlnn • f F: \sys \Repons\:NLzrket analysis - Brooklyn Center 7 MARKET SEGREGATION • Current Proposed Property Type L %nits Units Rate Low -end 500 500 $43.00 -70.00 Mid -range 0 140* $55.00- 100.00 High -end 136 186 579.00- 150.00 * Ezistin,a or to-be-built includes Country Inn and proposed Americlnn The Brooklyn Center market is being grossly under- serviced by the hospitality options currently available. The lower -end market aimed at the highly price- sensitive traveler is over- served; the greatest demand in the area and nation -wide is for mid - range, limited - service products which provide high quality lodging for both the corporate and leisure traveler without the high cost of a full- service hotel. SYNERGY OF SERVICES AT LOCATION Immediately surrounding the site are many other rooms and restaurants. The combined effect of locating these services together has a net positive effect for all the business. BARRIERS TO ENTRY • Due to the concentration of existing and proposed development, the availability of land is limited. Therefore any future developments would have to either take secondary locations or move to a different market. THE METROPOLITAN AREA MARKET Reports indicate that even with the addition of thousands of new rooms in the Minneapolis /St. Paul market over the past few years, occupancy and room rates remain strong and continue to increase. The overall M/SP metropolitan area has out - performed most of the country's other leading metropolitan areas and will continue to be an active market for business and leisure travel. The outlook for the future is bright, and no significant decline in demand is anticipated. • FAsys\,Reports \Market Amaiysu - Brooklyn Center 3 • Summary Brooklyn Center, MN According to the research obtained by The Wold Company on behalf of Dakota Hospitality Company, the data indicates that the Brooklyn Center market is strong and can support the additional rooms currently planned. The immediate Shingle Creek Parkway market is not servicing all of the needs of the area in terms of hotel rooms and amenities. A significant number of the rooms (43 %) do not offer an indoor pool as an amenity to their guests. If the largest property (214 rooms) is taken out of the equation due to its lack of appropriate up -keep, the majority of the rooms (62 %) are not being adequately serviced by a pool. The market niche Dakota Hospitality is going for in its development is the higher -end limited service market. It would be considered a notch or two below full- service, but not a hard -core budget product. This is the market least being serviced by the existing properties. Even with the proposed Country Inn & Suites adding 60 rooms in the same market segments as the proposed Americinn, the research indicates that the market can support the added rooms, without negatively impacting the other properties. • Brooklyn Center is an ideal location for the type of development Dakota Hospitality has proposed. With a strong franchise, like the Americinn, it is anticipated that the overall project will do very well and be an added benefit to the community. • F: \sys \Reports\-�vfarkct Analysis - Brooklyn Ccnter 9 9�- CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 16th day of December 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 Chapter 19 of the City Ordinances Relating to the Use of Watercraft on Twin Lakes. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at X69 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AiMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF WATERCRAFT ON TWIN LAKES; ADDING NEW SECTIONS 19 -1900, 19 -1901, AND 19 -1902 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is amended by adding new Sections 19 -1900, 19 -1901, and 19 -1902 as follows: Section 19 -1900. SLOW -NO WAKE ZONES. It is unlawful to operate a motorized watercraft on those areas of Twin Lakes specified below as slow -no wake zones at any speed greater than the slowest possible speed to maintain steerage and in no event greater than five miles per hour. The following areas of Upper and Middle Twin Lakes are designated as slow -no wake zones: a) That part of Middle Twin Lake lying south of a line running between the point at which the Crystal City boundary meets the southwest shore of the lake and the north end of the beach in Twin Lakes Beach Park in the City of Brooklyn Center. b) Within 100 feet of the shoreline of Upper or Middle Twin Lakes, or any island of such lakes, and within 100 feet of any dock, swimmer, swimming diving raft, or moored, anchored or non - motorized watercraft. c) Within any area of floating or emergent vegetation. d) In any area of the lakes delineated and marked as slow -no wake zones by markers, signs, buoys or other aids to navigation placed by the County or by any of the cities of Brooklyn Center, Crystal, or Robbinsdale. • Section 19 -1901. EXCEPTIONS. Section 19 -1900 does not apply to legally authorized resource management, emergency, and enforcement personnel when acting in the performance of their assigned duties. ORDINANCE NO. Section 19 -1902. ENFORCEMENT AND PENALTIES. The enforcement of Section 19 -1900 shall be the responsibility of the peace officers of the cities of Brooklyn Center, Crystal, and Robbinsdale, and of the Hennepin County Sheriff. A person who violates any of the provisions of Section 19 -1900 is (Yuilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more then $700 or by imprisonment of not more than 90 days, or both. Section 2. This ordinance is effective upon adoption of substantially identical ordinances by the cities of Crystal and Robbinsdale and 30 days after its adoption and 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.) • NOV -14 -96 THU 15:48 CITY OF CRYSTAL FAX NO. 6125370944 P -01/02 Post -It' brand f transmittal memo 7671 # of pages ► To F co. � Co. DsPl• Phone # Fax A y p Fax # ORD1 - 1 AN ORDINANCE RELATING TO PUBLIC SAFETY: WATERCRAFT; TWIN LAKES; AMENDING CRYSTAL CITY CODE, BY ADDING A SECTION THE CITY OF CRYSTAL ORDAINS: t City ode is amended b adding Section 1. Crystal C g a section to read: rY Y Y " Section 1350 - Watercraft on Twin Lakes 1350.01. Slow - no wake zones It is unlawful to operate a motorized watercraft on those areas of Twin Lakes specified below as slow - no wake zones at any speed greater than the slowest possible speed to maintain steerage and in no event greater than five miles per hour. The following areas of Upper and Middle Twin Lakes are designated as slow no wake -ones: a) That part of Middle Twin Lake lying south of a line running between the point at which the Crystal City boundary meets the southwest shore of the lake and the north end of the beach in Twin Lakes Beach Park in the city of Brooklyn Center. b) Within 100 feet of the shoreline of Upper or Middle Twin Lakes, or any island of such lakes, and within 100 feet of any dock, swimmer, swimming diving raft, or moored, anchored or non- motorized watercraft. C) Within any area of floating or emergent vegetation. d) In any area of the lakes delineated and marked as slow - no wake zones by markers, signs, buoys or other aids to navigation placed by the county or by any of the cities of Brooklyn Center, Crystal, or Robbinsdale. 1350.03. Exceptions This section does not apply to legally authorized resource management, emergency, and enforcement personnel when acting in the performance of their assigned duties. 1350.05. Enforcement and Denalties The enforcement of this ordinance shall be the responsibility of the peace officers of the cities of Brooklyn Center, Crystal and Robbinsdale and of the Hennepin County Sheriff. A person who violates any of the provisions of this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both. • DJK1Q�111 CR205 -30 NOV -14 -96 THU 15 :49 CITY OF CRYSTAL FAX NO. 6125370944 P,02/02 1350.07. Effective date This ordinance is effective upon adoption of substantially identical P P ordinances by the cities of Brooklyn Center and Robbinsdale." Seca 2. This ordinance is effective in accordance with its terms and Crystal City Code, Subsection 110.11. First Reading: October 1, 1996 Adopted: October 15, 1996 ayor Attest: S '. "'-' 'I" City Clerk (Published in the Crystal / Robbinsdale Post Nears ) • BJK107111 CR205 -30 5239 E. Twin Lake Blvd. Brooklyn Center, MN 55429 November 14, 1996 • Mayor and other Council Members of Brooklyn Center, MN c/o Sharon Knutson, City Cleric�� City of Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 Re: Proposed Ordinance Regulating Watercraft Use On Twin Lalce Dear Brooklyn Center Council Members: I had an opportunity to discuss the concerns raised at last Tuesday's council meeting regarding the above matter with a few Twin Lake residents who feel that some action is necessary. I am now convinced that their concerns as well as all others I've heard thus far in favor of restrictions stem directly from the action taken by the city of Robbinsdale to impose similar restrictions on lower Twin Lake while continuing to provide easy public access to the entire lalce along with ample parking. This has led to more congestion than the remaining portions of Twin Lake can tolerate and all the concerns I've heard thus far can be directly attributed to it. I believe that the proposed restrictions are the worst possible response that the cities of Crystal and Brooklyn Center can make to this problem because they will lead to further congestion which will only aggravate the problem. Is there any possible way that the cities of Crystal and Brooklyn Center could cooperate to formally petition the city of Robbinsdale to take some action to correct the problem they created? Corrective actions could take the form of rescinding the previous restrictions, or by restricting public access by any of: • closing their public launch during the hours of restricted operation • restricting parking near the public launch, or • preventing access to other portions of Twin Lake from Lower Twin. This is the only real solution that I can envision for the short term problems facing the residents of Middle and Upper Twin. For a longer term solution, I would hope that all three cities bordering Twin Lakes could agree not to enact renegade legislation that could have a derogatory effect on residents of any other cities. Sincerely, Paul Oman oi CITY CRYSTAL 4800 Douglas Drive North • Crystal, MN 55429 -3553 • 531 -0052 RECREATION DEPARTMENT CITY OF CRYSTAL MEMORANDUM DATE: October 21, 1996 MEMO TO: Twin Lake Task Force Members FROM: Gene Hackett, Recreation Director City of Crystal RE: Twin Lake Ordinance Update The Crystal City Council held a public meeting on the proposed Twin Lake ordinance in September. Several lake residents from Crystal and some from Brooklyn Center attended the meeting. Most in attendance were against the proposed ordinance as it was written. As part of the d. ;csssion, it appeared that the majority of residents that were against the ordinance came from Upper Twin Lake. The Crystal City Council reviewed the public comments and discussed changing the ordinance to make it agreeable to the lake residents. A copy of the revised ordinance is attached. This ordinance had its first and second readings with the Crystal City Council, was voted on and did pass. The city staff members from Brooklyn Center and Robbinsdale should present this revised ordinance to their respective City Council's for their action. Additional update reports will be sent as information is received. • r DJK Draft 10/11/96 ' ORDINANCE NO. 96 - � AN ORDINANCE RELATING TO PUBLIC SAFETY: WATER CRAFT; TWIN :LAKES; AMENDING CRYSTAL CITY CODE, BY ADDING A SECTION ' THE CITY OF CRYSTAL ORDAINS: 1 Section 1. ' Crystal City Code is amended, by adding a section to read: ' Section 1350 - Watercraft on Twin Lakes i 1350.01. Slow- no wake zones It is unlawful to operate a motorized watercraft on those areas of Twin Lakes specified below as slow - no wake zones at acy speed greater than the slowest possible speed to maintain steerage and in no event greater than five miles per hour. The ' I following areas of upper and: Middle Twin Lakes are designated as slow - no wake zones: + a) That part of Middle Twin Lake lying south of a line running between the point at i which 'the Crystal City .boundary meets the southwest' shore of the lake and the I north end of the beach in Twin Lakes Beach Park in the city of Brooklyntentm b) . Within' 100 feet' of the shoreline of Upper or Middle Twin Lames; or any island . of such lakes, and within -1 feet of - any dock, swimmer, swimming diving mt; i or moored, ' anchored or' non motorized watercraft. i C) Within any, area of floating or emergent vegetation. I d) In ' any area of the lakes de *+pzt� .w m= ked a.4 sio ;v • - ue ;v._:. �..n�• '- , markers, signs, buoys or other aids to navigation placed by the county or *by any of the cities'of Brooklyzi Center, .Crystal; or Robbinsdale. 1350.43. Exceptions This section: does not apply to legally authorized resource managem 1 emergency, and enforcement personnel when acting in the performance of their assigned duties, i 1350;05. ' Enforcement and 'Penalties The enforcement of this ordinance shall be the responsibility of the peace - ofricers of the cities of Brooklyn Center, Crystal and'Robbinsdale and of the' Hennepin County' Sheri$: A person who violates any of the provisions of this section is . guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both. I arx�.n•nsz ' C=05 -30 ' 1 l 13'50.07. E5225 ive dat= This ordinancc is effective upon adoption of substantially identical ordinanc s by the cities of C=ter and , yn Robbia5dale. Sec. 2. This ordinance is effective in accordance with its terms and Crystal City Code, ' Subsection 110.11. Mayor Attest 02206 -30 .+ kGAL, '3 AGD4Z 1 Sa :9Z 96. 1 t 1.00 City of Brooklyn Center A great place to start. A great place to stay. • November 30, 1994 Mr. Jerry Dulgar, City Manager Mr. Fran Hagen, Sr., City Manager City of Crystal City of Robbinsdale 4141 Douglas Drive 4221 Lake Road Crystal, MN _55422 Robbinsdale, MN 55422 Dear Mr. Dulgar: On August 8, 1994, the Brooklyn Center City Council approved in concept Brooklyn Center's participation in a proposed joint task force with the cities of Crystal and Robbinsdale regarding the use of the Twin Lakes. On October 11,1994, the Brooklyn Center City Council appointed Acting Police Chief Scott Kline and Recreation Director Arnie Mavis to the task force and recommended the Park and Recreation Commission appoint one of its members and the City solicit applications from residents. The Park and Recreation Commission designated one of its members as the representative for the • task force as follows: Bud Sorenson 6901 Toledo Avenue North Brooklyn Center, MN 55429 At its November 28, 1994, meeting, the Brooklyn Center City Council appointed two citizen representatives to the Twin Lake Use Task Force as follows: Dorothea Allen, Lake Resident William Siems, At -large Representative 5427 East Twin Lake Boulevard 6206 Colfax Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 If you have any questions or concerns, please call Jerry Splinter at 569 -3309. Sincerely, j Sharon Knutson Deputy City Clerk • cc: Jer ry Splinter linter 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer RESOLUTION NO. 94 -252 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO JOIN THE LOGIS MOBILE DIGITAL TERMINAL GROUP AND PROVIDE FOR THE FINANCING THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Ithaca Restaurant, Inc. 1501 Freeway Blvd MECHANICAL SYSTEMS NewMech Companies, Inc. 1633 Eustis Street RENTAL DWELLINGS Initial: • Kwi- HaWong 1513 Humboldt Place Kwi- HaWong 1549 Humboldt Place The motion passed unanimously. MAYORAL APPOINTMENT TWIN LAKE USE TASK FORCE The City Manager advised the City has received three excellent applications for the Twin Lake Use Task Force. Mayor Paulson stated he would like to appoint William Siems as the At -large Representative and Dorothea Allen as the Lake Resident member. He explained the other applicant, Graydon Boeck, has served on the Water & Resources Commission, and he would like to appoint Dorothea Allen as a way of giving another resident an opportunity to serve the City. Councilmember Mann concurred all applicants would be excellent. She thanked Mr. Boeck for making application and suggested he consider applying for the Watershed Commission. Councilmember Rosene agreed and extended his appreciation to Mr. Boeck. • 11/28/94 -4- • There was a motion by Councilmember Mann and seconded by Councilmember Scott to affirm Mayor Paulson's appointment of Dorothea Allen and William Siems to the Twin Lake Use Task Force. The motion passed unanimously. ORDINANCE AN ORDINANCE AMENDING CHAPTER 2 OF THE BROOKLYN CENTER CITY CHARTER Since a full Council was not present, the City Manager recommended consideration of this ordinance be tabled to the December 19, 1994, Council meeting. There was a motion by Councilmember Scott and seconded by Councilmember Mann to table further consideration of An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter to the December 19, 1994, Council meeting. The motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 94014 The City Manager presented Planning Commission Application No. 94014 submitted by Country Harvest Buffet Management, Inc. requesting rezoning and site and building plan approval for a Commerce Planned Unit Development involving a 10,000 square foot, 400 seat restaurant at the northwest quadrant of Freeway Boulevard and Shingle Creek Parkway. The Planning and Zoning Specialist presented the staff report and advised the Planning Commission unanimously recommend approval subject to conditions as outlined in its Resolution No.. 94-2. Councilmember Scott asked if this application will require an amendment to the Comprehensive Plan. The Planning and Zoning Specialist stated it will not because the Plan acknowledges this area for Light Industrial, Commerce, and Service /Office uses which is consistent with the proposed development. Councilmember Scott expressed concern regarding traffic circulation and questioned what can be done to encourage traffic to use the Parkway Circle entrance and discourage use of the Freeway Boulevard access. The Planning and Zoning Specialist advised full access is desirable as well as locating access as close to the Chi -Chi's access alignment as possible. He pointed out there will be no access along Shingle Creek Parkway so the only access on the north will be Parkway Circle. Councilmember Scott noted traffic is always backed up in this location and traffic coming from the east and south may not know the access to the north even exists. • 11/28/94 -5- Council Meeting Date tI/23/94 31 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration Item Description: Mayoral Appointment: Twin Lake Use Task Force Department Approval: Gerald G. Splinter, City Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint two Brooklyn Center residents to the Twin Lake Use Task Force: • One lake resident • One at -large representative • Summary Explanation: (supporting documentation attached Yes ) At its October 11, 1994, meeting, the City Council appointed Acting Police Chief Scott Kline as Brooklyn Center's police department representative on the Twin Lake Use Task Force. Also, Recreation Director Arnie Mavis was appointed to the task force. The Council directed the Park and Recreation Commission to designate one of its members to the task force. At its October 18, 1994, meeting, the Park and Recreation Commission designated Bud Sorenson as the representative for the task force. The Council directed staff to solicit applications for membership using the usual process of advertising Commission or Task Force openings. Notice of openings on the Twin Lake Use Task Force was announced in the Brooklyn Center Sun -Post on October 26, 1994, and Northwest News on October 24, 1994, and was posted at City Hall and Community Center and aired on Channel 12 from October 17, 1994, through November 14, 1994. On November 18, 1994, the City Council received complete copies of the applications for appointment to the task force submitted by applicants interested in serving on the task force. Attached for City Council members only are the applications from the three applicants: Lake Resident Applicants • Dorothea Allen 5427 East Twin Lake Boulevard Graydon Boeck 5601 Indiana Avenue North At -large Representative Applicant William Siems 6206 Colfax Avenue North • MEMORANDUM TO: Mayor Todd Paulson Councilmember Barb Kalligher Councilmember Kristen Mann Councilmember Dave Rosene Councilmember Celia Svardal FROM: Sharon Knutson, Deputy City Clerk DATE: November 18, 1994 SUBJECT: Twin Lake Use Task Force Applications IMPORTANT NOTICE • TWIN LAKE USE TASK FORCE APPOINTMENTS Attached are the applications for appointment to the Twin Lake Use Task Force which have been received. Please keep these copies as this item will be on the November 28, 1994, City Council Agenda. Notice of vacancy was published in the Brooklyn Center Sun -Post on October 26, 1994, and in the Northwest News on October 24, 1994, posted at City Hall and Community Center and aired on Cable Channel 37 from October 17, 1994, through November 14, 1994. cc: Councilmembers -elect • City of Brooklyn Center A great place to start. A great place to stay. • Volunteer Opportunity Twin Lake Use Task Force The cities of Brooklyn Center, Crystal, and Robbinsdale are in the process of creating a Twin Lake Use Task Force. The task force would look at Twin Lake use and make recommendations regarding how lake use might be monitored or restricted. The Brooklyn Center City Council is seeking one lake resident and one at -large resident to serve on the task force. After appointments are made by the three cities, a date and time will be set for the first meeting of the task force. At such a time, the task force • will define its purpose, goals and objectives, and a certain date in the future when this work schedule is to be completed. Interested persons can obtain an application at P P PP Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS MONDAY, NOVEMBER 14, 1994. (Posted at Brooklyn Center City Hall and Community Center October 17, 1994] (Published in the Brooklyn Center Sun -Post October 26, 1994] (Published in the Northwest News October 24,1994) 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer TWIN LAKE USE TASK FORCE APPOINTMENT PROCEDURES The City Manager explained the City Council had previously approved preliminary involvement in the task force pending approval by the other participating cities. The purpose of the task force would be to study lake use issues and bring recommendations to the Park and Recreation Commission which would then come before the City Council The City Manager said the cities of Crystal and Robbinsdale have appointed representatives. Each community is to appoint five people, using some specific guidelines. He recommended the at -large positions for the task force be published and the Park and Recreation Commission be asked to appoint one of its members. He also recommended the Council appoint Acting Chief Kline and the Director of Recreation to the task force. Councilmember Mann commented she has been contacted by several residents on this issue and it is important action be taken. There was a motion by Councilmember Mann and seconded by Councilmember Scott to appoint Acting Chief Kline and the Director of Recreation to the Twin Lake Use Task Force. Councilmember Rosene asked whether the motion could be amended to add the wording, "and to direct Staff to publish two at -large representative positions." Councilmember Mann agreed to the amendment. • Councilmember Rosene questioned whether the City of Crystal also appoints a councilmember, serving in a dual position. The City Manager confirmed it does. The motion passed unanimously. Mayor Paulson arrived at 7:35 p.m. Councilmember Mann noted the Park and Recreation Commission will appoint a representative its next meeting. PROPOSED 1995 CAPITAL IMPROVEMENT PROGRAM AND PROPOSED 1995 BOND ISSUE The Director of Public Services noted the Proposed 1995 Capital Improvement Program is a planning document listing projects over the next ten years. The purpose is to ensure the City is planning improvements in a prudent financial manner. She recommended the Council consider the Capital Improvement Program (CIP), bring it to a Public Hearing, then approve it. The Director of Public Services explained the expenditure policy is new. Specific conditions are made for some expenditures. A project costing $200,000 or more must be on the CIP for two years. She reviewed the improvements to the Civic Center, parks, and fire stations now being considered • for inclusion in the bond referendum in terms of their length of time on the CIP. She noted this 10/11/94 -8- Caurxcl Mc=g nave 10/11/94 31 City of Brooklyn Center Agenda item Namur D Request For Council Consideration Item Description: TWIN LAKE USE TASK FORCE APPOINTMENT PROCEDURES - Department Approval: Diane Spector, Director f blic Services Manager's Review/Recommendation: No comments to supplement this report Comments below/attached- Recommended City Council Action: By motion appoint Acting Police Chief Scott Kline and Recreation Director Arnie Mavis to the Twin Lake Use Task Force. By motion request the Park and Recreation Commission to designate a representative to the Task Force. Direct staff to advertise the two remaining membership vacancies in • the usual manner. Summary Explanation: (supporting documentation attached Yes The City Council on August 8, 1994 approved 'in concept Brooklyn Center's participation in a proposed joint task force with the cities of Crystal and Robbinsdale regarding the use of the Twin Lakes. The purpose of this item is to discuss and recommend membership for that Task Force. The three City Managers have recommended that the Task Force be appointed with the following representation: a Police Department representative • Park and Recreation Director • park commissioner • lake resident 0 one at -large representative It is staff's recommendation that the Council appoint Acting Police Chief Scott Kline to the Task Force, with the understanding that he may designate one of his staff members to serve as the Task Force liaison. In addition, it is recommended that Recreation Director Arnie Mavis be appointed to the Task Force. It is suggested that you request the Park and Recreation Commission to designate a • representative at its October 18 meeting. Finally, the suggested membership includes two citizen members: a lake resident and an at -large representative. It is recommended that ou direct staff to solicit applications membership using y pp1L aeons for m tubers p the usual process of advertising Commission or Task Force openings. CIT Y , 'I CRYSTAL 4141 Douglas • ug as Drive North Crystal, NiN 50422 -1696 cie ADMINISTRA7VE CF_Cc September 19, 1994 Gerald Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Francis Hagen, Sr., City Manager City of Robbinsdale 4221 Lake Road Robbinsdale, MN 55422 Dear Gerry and Fran: The Crystal City Council at its September 14, 1994 meeting, • appointed the following Crystal representatives to the Lake Use Task Force: Marilyn Marn- Kaufman, Lake Resident 4716 Orchard Avenue North Gene Hackett, Recreation Director Craig Thomseth, Police Department Tom Krueger, City Councilmember Representatives from the Paris & Recreation Advisory Commission will be appointed at a future meeting upon a recommendation from the Recreation Director who is on vacation. It is my understanding that two members of the commission are interested in serving on the task force. If you have questions or concerns, please contact me. Sincerely, Jerry Dulgar • City Manager JD:dg • The City Attorney commented notice was sent to the property owner affording him opportunity to be present at this meeting. It was noted the owner, Leonard Martin, was not present at the August 8, 1994, City Council meeting. The City Manager presented a Resolution Ordering the Abatement of Public Nuisances, Safety and Health Hazards and Building and Maintenance and Other Ordinance Violations with Respect to that Real Estate Located at 4746 Lakeview Avenue North, Legally Described as the West 15 Feet of the East 1/2 of Lots 7 and 8; West 1/2 of Lots 7 and 8, Block 2, "Lakebreeze Addition ", in the City of Brooklyn Center, Hennepin County, Minnesota. RESOLUTION NO. 94 -170 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ORDERING THE ABATEMENT OF PUBLIC NUISANCES, SAFETY AND HEALTH HAZARDS AND BUILDING AND MAINTENANCE AND OTHER ORDINANCE VIOLATIONS WITH RESPECT TO THAT REAL ESTATE LOCATED AT 4746 LAKEVIEW AVENUE NORTH, LEGALLY DESCRIBED AS THE WEST 15 FEET OF THE EAST 1/2 OF LOTS 7 AND 8; WEST 1/2 OF LOTS 7 AND 8, BLOCK 2, "LAKEBREEZE ADDITION', IN THE CITY OF BROOKLYN CENTER, HENNEPIN COUNTY, MINNESOTA • The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. TASK FORCE - CRYSTAL ROBBINSDALE AND BROOKLYN CENTER REGARDING THE USE OF THE TWIN LAKES IN THE THREE CITIES The City Manager stated he has met with city managers from Crystal and Robbinsdale and the three have agreed an effort should be made to work together toward more consistent water regulation. Staff is interested in having a task force address the issue. He recommended Council approve the creation of a task force. Councilmember Scott mentioned a similar attempt at water regulation was made 15 years ago. However, at that time the City of Crystal appeared uncooperative. She appreciates the City of Crystal's apparent effort to be a "good neighbor." Councilmember Mann commented she agrees with steps being taken toward lake regulations as there has been a public safety concern. There was a motion by Councilmember Mann and seconded by Councilmember Scott to support the creation of a task force involving the cities of Crystal, Robbinsdale, and Brooklyn Center in regard to Twin Lakes. The motion passed unanimously. 8/8/94 -8- Camc1 l(eamg Date Au¢uat 3, 11994 31 City of Brooklyn Center At=& It= Numb-w C /a Request For Council Consideration Item Description: Discussion Item: Task Force = Crystal, Robbinsdale, And Brooklyn, Center Regarding The Use Of The Twin Lakes In The Three Cities Department Approval: - Nancy Gohman, /Assistant City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) The city managers of Brooklyn Center, Crystal, and Robbinsdale have met and discussed the possibility of reviewing and looking into lake use on the Twin Lakes. All managers agreed that there may be enough interest to at least look at and make recommendations to our various cities regarding how the lake use might be monitored or restricted. The city manager's of Brooklyn Center, Crystal, and Robbinsdale are now asking their respective councils to consider creating a joint task force regarding the lakes. The managers' suggestion is that the task force be created with one person from each of the respective cities police department, park and recreation director, one park commissioner, one lake resident, and the chair of the task force to be appointed at large. At the meeting of August 8, we ask the Brooklyn Center City Council to discuss this item. If the Council is in agreement, we will move forward and recommend membership for creation of such task force. Also attached for your information is a memo dated July 5, 1994, from Crystal City Manager Jerry Dulgar regarding the task force and a letter dated July 23, 1994, which states Crystal's City Council approved the concept at their July 19 meeting. i • Memorandum DATE: July 5, 1994 TO: City Councilmembers Q FROM: Jerry Dulgar, City Manager SUBJECT: Meeting Regarding Lake Use Task force On June 30, 1994, Fran Hagen, City Manger of Robbinsdale, Jerry Splinter, City Manager of Brooklyn Center, and I met regarding our desire to look into lake use on the Twin Lakes in the three cities: All three of us agreed that there was enough interest to at least take a look at the lake use and to possibly make recommendations to our various cities regarding how that lake use might be monitored or restricted. The suggestion of the three City Managers was that we have a task force appointed by the three City Councils to look into use of the lakes in the three cities taking any steps we • might need to enhance and restrict. Our suggestion is that a task force be created with one person from the police department of each city; the Park & Recreation Director from each city; one Park Commission Member from each city; one lake resident from each city; and a chair of the task force to be appointed at large. It would also be our recommendation that this group be appointed in the near future and begin to meet as soon as possible. If necessary a facilitator could be appointed early on to help this task force define their purpose, coals and objectives and to define a certain date in the future when this work schedule is to be completed. If the Council concurs with these recommendations, I would like to see the Council make the appointments as soon as possible so we can forward information onto the other cities for their action. • CITY CRYSTAL 4141 Douglas Drive North •Crystal, MN 55422 -1696 AOMINISTRA71VE OFFICE July 23 1994 Gerry Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Twin Lakes Use Task Force • Dear Gerry: At its July 19, 1994 meeting, the Crystal City Council approved the concept of the above referenced task force. Crystal will await decisions of the Robbinsdale and Brooklyn Center councils before proceeding with appointments to the task force. 3 Si c rey ry Dulg ity Manag r JD:dg a:TwLkTF • � 0 Fpj� BROOKLYN CENTER �.. PONCE DEPARTMENT POLICE ME-7N T 1'V1 TO: City Manager Michael tilcCaulev FROM: Chief Scott Kline DATE: November 21, 1996 SUBJECT: Twin Lake Use Task Force In 1994, the Twin Lake Use Task Force began meeting on the possible regulation of traffic on the three lobes which make up Twin Lake. These being the upper Lobe shared by Brooklyn Center and Crystal, the middle lobe shared by Brooklyn Center, Crystal and Robbinsdale, and the lover lobe surrounded by Robbinsdale alone. Concerns had been expressed to all three city councils that there were problems with the use of the lake and that competing interests were creating problems for each other. Those persons who met representing Brooklyn Center were Arnie Mavis, Park and Recreation Director, who has two parks on the lake, myself as Chief of Police, who would be charged with enforcement of any ordinances enacted, Bud Sorenson, Brooklyn Center Parks Commission Representative, William Siems, a citizen who uses Twin Lake but does not live on the lake, and Dorothea Allen, a citizen who does live on the lake. Also in attendance initially at the formative meetings and during the initial period when we were attempting to determine exactly what the problems were and what direction we should take with the task force,. was Council member Kristen Mann representing the Brooklyn Center City Council. Attached to this memorandum is a summary list of all task force members from the three communities and a complete set of the minutes from all of the meetings held by the task force including the two public meetings held in Constitution Hall in September and October of 1995 to elicit public input into any possible regulation of the lake basin. The -,vo public meetings held in Constitution Hall were publicized through the Sun Post and through information given to Cable 12. These meetings were well attended not only by those people who live on the lake but by many people who use the lake and had an interest in what was done to regulate it. 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O O N O w '<� :U ,P "tj ;u ;P C) �1 ,f" () r- -I ;il ,h O ;tJ ;L1 O NO O ut0 O IV 1 O r') 1'•1 C) U' O :J ( 7 0 r r (i) tit 1- : -1 CJ 1' C (I) 111 -'• U Imo• to 1 - '• I.•. I :J ,P 0 : :J 1, J to :J C'' 0 U) : -1 l„ 0 „J U) Ql 0, u1 rt .J u) N I I, 'u (J) N rn to u) cl, rI 1 <: CL N 171, ill to 0, n' r;: U N :if N :J 'Li N it) u n r- I— r— n N (D to to r r to :U CT :J" (D ;u 0 to 1 4 - Cr - O t7 O 0' �r to «) N h N 1 :S :_< C 1 - 1 G L to In 1 [n u) N :J O C: , A UI fu ul N Lit L u) (D u L-1 u) I ' Ut O Lit P IU f- to .p ry .P L IV tV N rr N 0 ice) 10 IV U' IV 11 1 CITY C RYSTAL 4800 Douglas Drive North • Crystal, MN 55429 -3553 • 531 -xC52 �J REC,PE 7 "CiM �E ?- P7MEN I an W E TO: Twin Lake Area Residents FROM: City of Crystal and Twin Lake Task Force REFERENCE: Informational Meeting on Tuesday September 17, 1996 6 - 6:45 p.m. at Crystal City Hall - 4141 Douglas Drive North. The three city Twin Lake Task Force comprised of representatives from Crystal, Brooklyn Center and Robbinsdale has developed an ordinance concerning summer lake use issues. The proposed ordinance was developed by the Task Force after 2 public meetings held last fall. It outlines hours of motorized watercraft operation and specifies no wake zones in middle and upper Twin Lakes. Summary below: • Hours of Operation: Cannot operate motorized watercraft between sunset and sunrise the following day. • No Wake Zones. Middle Twin south of a line running between the point at which the Crystal city boundary meets the southwest shore of the lake and the north end of the beach in Twin Lake Beach Park in the City of Brooklyn Center. Upper Twin between a line from the southern tip of the island in Upper Twin Lake running due west tot he mainland and a line from the northern do of such island northward too the southeastern most point of Twin Lake Park in the City of Brooklyn Center. URoer and :Middle Twin Within 100 feet of the shoreline, dock, swimmer, swimming raft and /or moored, anchored or non- motorized watercraft, within any area of gloating or emergent vegetation and in any other area marked as a "No Wake" Zone. In order to have enforceable lake regulations, the three cities must adopt the same lake use ordinance and then send it to the .Minnesota Department of Natural Resources for their review. Arter the Ordinance is reviewed and accepted by the DNR, it can then be put into law and enforced b the Hennepin County Sheriff's Water Patrol and local police agencies. The public is invited to the meeting to discuss the proposed ordinance in greater detail. For more information call the Crystal Recreation Department at 531 -0032. C1TYo/ CRYST:4L 4800 Douglas Drive Nor<h • Crystal, MN 8��29 -3583 • 531 -0052 I MORANDUM DATE: April 29, 1995 MEtitO TO: Twin Lake Lake Use Task Force tllembers FROttiI: Tom Krueger, Chair Gene Hackett -1 RE: Task Force Update The Brooklyn Center City Attorney has completed the writing of the proposed ordinance for Twin Lake. Enclosed is a copy For your review. Each of the three cities' Park Commissions will review this information during the month of May. Since we need to move along in a timely manner, a Task Force meeting has been scheduled for Wednesday June 12 at 7pm at the Crystal Community Center. At that time, each city's Commission will report back to the Task Force as to their discussion and recommendations. Please mark this date on your calendar. A complete agenda will be sent about 1 week prior to the meeting. Thank you for your patience. • KENNEDY & GR AVEN CH.�RTERED Attornevs at Law JAMES J. TAOMSON 170 PiilSbur7 Center, `Minneapolis, Ylinne5ota 353171. LARRY M. H O M SON A. ALSOP i61_) 337 .9300 BONNIE L. W ERTH E L•t W ERT CE M. IIATTERSON RONALD H. IIATTY Facsimile (61.2) 337.9310 JOE Y. YANG STEPHEN J. BUBUL .JOtLN B. DEAN DAVID L. GRAVEN 11919 -;9vn DANIEL J_ GREENSWEIG DAVID J. KENNEDY CHARLES L. LEFEVERE OF COUNSEL JOICV rt. LEFEVRE JR. WRITER'S DIRECT DIAL. ROBERT C. CARLSON ROBERT j. LINDALL (61') 337 -9115 ROBERT L. DAVIDSON ROBERT C. LONG WELLINGTON H. LAW FLOYD B. OLSON JAMES H. S`fRU:Y1�SEN CORRINE H. THOMSOy CURTIS A. PEARSON T. JAY SALNIEN April 5, 1996 Mr. Scott Kline Chief of Police City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center Mti 55430 RE: Surface Use Ordinance for Twin Lakes Dear Scott: Attached is a draft ordinance regulating the surface use of Twin Lakes for your review and consideration. y When we discussed this ordinance, you requested that watercraft operation be prohibited between sunset and 8:00 a.m. The attached ordinance makes operation of watercraft illegal between sunset and sunrise. Under Section 6110.3700, Subpart 6 of the DNR's regulations, time controls must use one of a number of specified times. The times from which the cities may select are: A. sunrise to sunset or sunset to sunrise the following day; B. 9:00 a.m. to 6:00 p.m. or 6:00 p.m. to 9:00 a.m. the following day; C. noon to 6:00 p.m. or 6:00 p.m. to noon the following day; D. all 24 hours of the day. If the cities wish to select some other hours to limit watercraft operations, you may wish to contact the DNR to see whether they would be willing to consider selection of options other than those which they have set forth in the DMZ rules. Otherwise, the DNR is probably more likely to approve the proposed ordinance if it conforms to the DNR regulations. CLLi026:C 3 F'2 9 L _4 . Mr. Scott Kline April 5, 1996 Page 2 Please note that there is a blank in new section 19 -1502, paragraph 2 to be filled in with the name of the park in Crystal. If you have any other questions, please let me know. Very truly yours, Charles L. LeFevere CLL:lh Enclosure • 1J "'�40 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 1996, at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 19 of the Brooklyn Center Code of Ordinances relating to the use of watercraft on Twin Lakes. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3303 to make arrangements. ORDDi A.NCE NO. AN ORDINANCE AMENDING CHAPTER 19 OF THE BROOKLYN CENTER CODE OF ORDINANCES, REGULATD+G THE USE OF WATERCRAFT ON 7W7D; LAKES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the Brooklyn Center Code is amended by adding Sections 19 -1501, 19 -1502, 19 -1303, and 19 -1504 as follows: Section 19 -1501. HOURS OF OPERATION. No motorized watercraft shall be operated on the surface of the waters of Upper Twin, Middle Twin or Lower Twin Lakes between the hours of sunset and sunrise the following day. Section 19 -1502. SLOW - NO WAKE ZONES. No person shall operate a motorized watercraft on those areas of Twin Lakes specified below as slow - no wake zones, at any speed greater than the slowest possible speed to maintain steerage and in no event greater than five miles per hour. The following areas of Upper, Middle and Lower Twin Lakes are designated as slow - no wake zones: 1. That part of Middle Twin Lake lying south of a line running between the point at which the Crystal City boundary meets the southwest shore of the Lake and the north end of the beach in Twin Lakes Beach Park in the City of Brooklyn Center. 2. That part of Upper Twin Lake lving between a line from the southern tip of the island in Upper Twin Lake running due west to the mainland and a line from the northern tip of such island northward to the southeasternmost paint of the shoreline of park in the City of Crystal. 3. Within 100 feet of the shoreline of Upper. Lower or Middle Twin Lakes, or any island of such lakes, and within 100 feet of anv dock, swimmer. swimming diving raft, or moored, anchored. or nonmotorized watercraft. ?0?�33 • 4. Within anv area of floating or emergent vegeradon. 5. In anv area of the Lakes delineated and marked as slow - no wake zones by markers, signs, buoys or other aids to navigation -laced by the County or by any of the Cities of Brooklyn Center. Crystal. or Robbinsdale. Section 19 -1503. EXCEPTIONS. The provisions of this ordinance shall not apoly to legally authorized resource management. emergency. and enforcement personnel when acting in the performance of their assigned duties. Section 19 -1504. ENFORCEMENT AN PENALTIES. The enforcement of this ordinance shall be the responsibility of the peace officers of the Cities of Brooklyn Center. Crystal and Robbinsdale and of the Hennepin County Sheriff. Any person who shall violate any of the orovisions of this ordinance shall be guilty of a misdemeanor. and upon conviction thereof. shall be punished by a fine of not more than Seven Hundred Dollars (5700.00) or by imprisonment of not more than ninety (90) days, or both. - Section 2. EFFECTIVE DATE. This ordinance shall be effetive upon adoption and unon thirty (30) days following its legal publication, and upon adoption of substantially identical ordinances by the Cities of Crystal and Robbinsdale. . Adopted this day of 1996. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • L102633 saz3: -a • JOINT CITY TWIN LAKE LAKE USE TASK FORCE MEETING MINUTES JANUARY 10, 1996 NAEMBERS PRESENT: BROOKLYN CENTER: B. Siems, A. �vlavis, S. Kline, S. Sorenson CRYSTAL: T. Krueger, NI. ,41am- Kaufman, C.Hacke� C. Tncroseth_ ROBBINSDALE: NI. Jacobs, R, Fawbush, The meeting was called to order at 7:10 p.m.. The November minutes were approved as amended. Discussion concerned the following topics: NO WAKE ZONES - BC provided maps with 50, 100, 1 SO foot distances to designate 'no wake zones ". After checking with the DNR, the DNR said that local government bodies can determine the "no wake zones" and the county water patrol will post them. Discussion that a 50 feet from shoreline "no wake zone" would address the issues except For the beach area where the zone should be more. Another suggestion was to set a specific distance for the whole lake and then also set additional specific no wake zones in certain areas such as the bay by the bridge /beach area_ Each community could then determine he "no wake zone" for their specific needs. SPEED LIMIT /HORSEPOWER - Most discussion centered on if distance and no wake zones would control speed. Generally it was thought that a speed of 35 - day and 15 - night would work. DISTANCE - Generally the thought was that a distance regulation would solve a lot of problems. The best distance would be 100 feet of shore and then designate specific "no wake zones" MOTION MADE BY ARNIE N lAVIS AND SECONDED BY BUD SORENSON TO: Recommend a regulation that watercraft cannot be operated within 100 feet from shoreline. MOTION CARRIED- UNANIMOUS M OTION MADE BY SCOTT KLINE AND SECONDED BY BUD SORENSON TO: Recommend specific "No Wake Zones" be designated in the following areas: RR Trestle, Channel Island west to Crystal shore, Under 100 Bridge north to north end of Beach property across the water to include the entire bay. MOTION CARRIED - UNANIMOUS. These areas to be posted /marked with a Floating buoy and signs facing both directions. Brooklyn Center will ask their administrator to contact the City Attorney to write the regulations in ordinance Format. The committee will not meet in February but each city will receive a copy of the draft ordinance and present it tot heir respective Park 7 Recreation • Commissions. The next meeting will be held in March to review Commission comments. The meeting was adjourned at 3:10pm. • JOINT CITY TWIN LAKE LAKE USE TASK FORCE PUBLIC MEETING NUNUTES NOVEMBER 8, 1995 ti1EN1BERS PRESENT: BROOKLYN CENTER: B. Sorenson, S. Kline, D. Allen. CRYSTAL: N1. N1arn- Kaufman, A. Hoffineister C. Hackett. ROBBINSDALE: C. Patterson, R. Dody, M. Jacobs, J. Spetch. The meeting was called to order at 7:09 p.m.. review of the community meetings - was held '-with the following Summary, comments made from committee members: • No one group came out with a list of demands or suggestions. • Cenerally, the feeling was to leave things alone. • The Robbinsdale ordinance isn't wanted - it is seen as too restrictive. • Public seemed in favor of posting the state boating regulations and perhaps designating no-wake zones and/or speed limits in certain areas. • Public comments seemed to be tied to what their interests were: boating, water skiing, jet skiing etc. Safety is an issue for many people. • Some public suggestions to regulate jet -skis. The Committee discussed what (if any) recommendations could be made from the work that has been done and from the public meetings. It was felt that a regulating ordinance would not be successful in all 3 cities especially with the public so concerned on these issues. Discussion then centered on what could be regulated to address the safety issues raised during public comment. Three main ideas were discussed: • No Wake Zone: designating certain areas as "No Wake Zones This may be abie to be done through the DNR and not have to be an ordinance. Mr. Kline from Brooklyn Center will investigate this. • Speed Limit discussion centered on how fast/slow to allow so that all uses could be accommodated. The recommendation was: day - 35mph /night 15mph. • Distance Regulations Various language was discussed. The consensus was: "cannot operate at a speed in excess of 5mph within 100 feet of any shoreline, swimmer, anchored boat, person fishing, mooring, dock or other water structure." It was thought that we should look at other distances and 'now it would affect lake use. Enforcement was discussed. It was relt that the Hennepin County Sheriff Water Patrol did an excellent job of enforcement when they were on the lake. Scott Kline from Brooklyn Center orered to organize the following for the next meeting: • Talk to DNR regarding No Wake Zone designations; how these zones have to be marked, and who would do the work. He will also ask them about costs involved and who would have to pay. • Draft a proposed ordinance on speed limits on iMiddle and Upper Twin. • Provide the committee with a lake map with distances marked: 50 feet, 100 feet, 150 feet to see the impact of a distance regulation to be used for discussion to develop a distance regulation. The next meeting will be `AVednesdav Decembe 1 3, 1995 ' ^m• Cr Community Center - 4800 Douglas Drive North. Respectfully submitted, Gene Hackett Recorder • JOINT CITY TWIN LAKE LAKE USE TASK FORCE PUBLIC NiEFTING MINUTES OCTOBER 4, 1995 NiEtitBERS PRESENT: BROOKLYN CENTER: D. Allen, S. Kline, W. Siems, S. Sorenson. CRYSTAL: N1. Marn - Kaufman, T. Krueger. ROBBINSDALE: R. Dory, J. Spetch. The meeting was called to order at 7:10 p.m. by Tom Krueger. Mr. Krueger gave background information on the purpose of the Twin Lake Task Force and the reason for the public meeting. He discussed the misunderstanding regarding boating regulations under state laws. There are no state regulations regarding boat distances from shore, swimmers, other boats or other structures. There are, however, boat regulations regarding diving flags, designated swimming beaches, and slow -no wake zones. There are no restrictions on time of operation or speed for boats. There are state regulations for personal watercraft (Jet Skis, for example) regarding time of operation, distances and safety. • The meeting was opened for public comment: lone James Was concerned that teenagers not be excluded 5630 Twin Lake from using the lake. She felt there needed to be some Terrace activities for them so they are not creating problems on the street. There is group of about 8 teenagers who jet ski on the lake for about one and one -half hours. They do create noise, but she would rather have the noise then exclude them from the lake. Eric VVestergren Felt that regulation is way out of hand. As far as noise 4423 Josephine is concerned, he felt that the Crystal Airport is more Lane noisy. Mark W r e sal Said there should i similar restrictions be s m i on all P arts of 4429 Josephine the lake. Robbinsdale restrictions have led to more Lane traffic on Upper Twin Lake. Fewer hours becomes more bothersome because it causes more traffic during open time. There are problems such as racing very close to each other, going too close to docks and too close to swimmers. In response to a suggestion that if people receive two or three tickets they would get the message that such behavior was not allowed, he voiced the concern that by the time the Hennepin County Water Patrol arrived (about one hour), they were gone. He also felt that Robbinsdale restrictions were backward in that quiet time on the lake is during the day when everyone is gone. Philip Ferbuyt Thought that the more lakes you restrict the worse it is 5925 Ewing A ve. on other lakes. There are six lakes that would be affected. He felt that the Robbinsdale ordinances are too restrictive. Wanted to know what input the Task Force had had from the Department of Natural Resources and the Hennepin County Water Patrol. Mr. Krueger reported that they were unwilling to tell us what to do out were willing to go along with what the Task Force came up with and that what homeowners want carries a lot of weight. Mr. Ferbuyt also voiced the concern that even with the regulations we would not be able to restrict some people's behavior. Dan Priem Had not observed dangerous activity on the lake. 5309 Twin Lake Biggest safety problem he saw was the parking in the • Boulevard East streets by the boaters. He felt there were a few people who have had a bad experience. He recommended getting registrations numbers and contacting the Sheriff's Department rather than creating restrictions so that enjoyment of the lake would be there without ruining everyone's fun. He felt that Robbinsdale's regulations serves the needs or complaints of the few rather than the majority. He felt that Robbinsdale regulations should be "pushed back" rather than forcing all the traffic to the upper lake. The few bad apples should be handled rather than making more regulations. Larry Cassem Felt frustrated because there had been one boater who 4700 Orchard had caused problems — driving so fast his front end Avenue North came out of the water so far there was no way the boater could see what is in front of him. Thus far the sheriff had been unable to do anything about him. When Mr. Cassem talked with the sheriff he was told he would have to bring charges against the boater. Mr. KI ine ointed u h h p out that the snenrr cannot issue a ticket • unless he sees the behavior and that is why it is important for citizens to bring the charges. ,Mr. Cassem felt there should be signs saying that you are a guest on the lake and telling what the rules are. He also felt ® there should be some regulations— speeds and size of boats, for example —so the sheriff has some basis for issuing tickets. Cindy Hawkes Felt there was not a real problem on the lake and 4934 Quail Ave. N. that when we saw something wrong, we should, call the appropriate authority. We should not restrict everyone. She was also concerned about the lack of residents attending the meetings and thought that perhaps residents felt that these regulations were for others and not for homeowners. She did not want restrictions like Robbinsdale's. She wanted to know why the Task Force was created. Mr. Krueger summarized the history of the establishment of the Task Force. Mr. Doty voiced his concern about the safety of children swimming at the lake in places that are not classified as public beaches when boaters and jet skiers are not using common sense. Penny Loso Felt that the upper lakes were getting the brunt of the 5424 Twin Lake regulations n I t 0 over Twin and that re ulat�ons should • Terrace be uniform over all the lakes. ,Mark Wersal Said that homeowners were opposed to the restrictions 4429 Josephine because of the complaints of one or two homeowners Lane on the lake. He didn't want regulations. Mr. Krueger thanked the participants for their valuable input and explained the process that would be followed once the Task Force made their recommendations. The next meeting will be November 8 at the Crystal Community Center. The meeting was adjourned at 7:55 p.m. Respectfully submitted, Jean Montzka Recorder • Waltraud Baer: 5 100 Quail Ave. No . Crystal, 3IN 55429 THR�n^ CIT'' T'�JT_'7 LASE TASK F O RCE TO HOLD PUBLIC MEETING The three -city Twin Lake Use Task Force will hold a public information meeting on Wednesday, Cctober 4, 7:00 p.m. at the Brooklyn Center Community Center, Constitution Hall, 6301 Shingle Creek 0 arkway. The task force was formed by the cities of Brooklyn Center, 'rystal and Robbinsdale to look.into concerns raised by residents. The task force consists of lake residents, park and recreation commission members, police staff, park and recreation department staff, and city council representation. They will report to the city councils on whether regulations are needed and what . regulations they would recommend. / YzS, Qasac.c MLy, �,uraa�rnr,voi'bE To assist them, the task = rce is seeking public input regarding proposed regulations or Middle and Upper Twin Lake. These j1z"5 N4I✓ VrrJ i.' 6Z �zN r02GG'0 , regulations might include mufflers, speed limits, distance limits, 'Inc) wake" zones and time restrictions. C, Y V "" Anyone wanting to have input on these regulations is encouraged to attend the meeting. if you a-re unable to attend, �itten comments can be directed to the Twin Lake Use Task Force, Tom Krueger, Crystal City Hall, 4141 Douglas Drive, Crystal, 'fit 55422. j %� �' • September 27, 1995 Twin Lake Use Task Force Tom Krueger Crystal City Hall 4141 Douglas Drive Crystal, NLN 55422 Re: Middle and Upper Twin Lake. Dear Mr. Krueger: I am not certain I will be able to attend the October 4th meeting regarding some regulations that may be needed on Twin Lake so I am writing you with some of my concerns and /or suggestions. We have lived on Twin Lake at the same residence for 38 years and have enjoyed every moment of that time. However, in that span of time we have experienced some things that were and are alarming. We have the speed boat which we enjoy water skiing and tubing and riding in. We have the pontoon boat that we use for bobbing around and relaxing and enjoying the lake and the environment. We are totally concerned with the tremendous influx of personal watercraftoet skiis etc.) They tend to be operated at high speeds with "chicken" maneuvers and races. With their high speeds they seem to come from nowhere with little caution. They are noisy and the operators do not adhere to the Sate of Minnesota Watercraft laws, i.e. maintaining distances from • shoreline, docks, swimmers, and other boats. These comments are also true, in our opinion, of snowmobiles. There are high powered boats that use the lake that are over powered for our small lakes. The jet ski (etc) and snowmobiles do not abide to the times they can operate on the lakes and that can be confusing since Brooklyn Center and Crystal have different usage times. We have discussed with our families and some ideas for correcting some of the problems are as follows so that we all may continue to enjoy our beautiful lakes: post "no wake" signs in the channel from the middle lake to the upper lake; post "no wake" signs between the islands and between the islands and land on the upper lake; post rules and regulations for operating watercraft on the lakes at the public boat launching ramps; ask the sheriff to patrol the lakes at a busy time and enforce the State of Minnesota Watercraft laws; provide to all take owners with the laws as well as regulations regarding the lakes. We feel the lake should be enjoyed safely by the public and do not wish to eliminate any of the joys that lakes can provide anywhere. We will support volunteer groups to implement any of these ideas and will gladly listen to other ideas that will make our lakes safe and enjoyable. Very sincerely, Dale K. Melby 700 Twin Lake Ter' Crystal, MN 55429 533 9796 THREE CITY TWIN LAZE TASK FORCE TO HOLD PUBLIC MEETING The three -city Twin Lake Use Task Force will hold a public info ^nation meeting on Wednesday, October 4, 7:00 o.m. at the Brockivn Center Community Center, Constitution Hall, 6301 Shingle Creek Parkway. The task force was formed by the cities o= Brooklyn Center, Crvstal and Robbinsdale to look.into concerns raised by residents. • The task force consists of lake residents mark and recreation commission members, police staff, park and recreation department staff, and city council representation. They will report to the city councils on whether regulations are needed and what. regulations they would recommend. To assist them, the task force is seeking public input regarding proposed regulations for Middle and limper Twin Lake. These regulations might include mufflers, speed limits, distance limits, "no wake" zones and time restrictions. Anyone wanting to have input on these regulations is encouraged to attend the meeting. If you are unable to attend, wr?tten comments can be d1rec -ed to the Twin Lake se Task Force, 'cm 10rueger, Crystal City Hall, 4 =4 Douglas Drive, Crystal, NIN 55422. 5239 E. Twin Lake Blvd. Brooklyn Center, NIN 55429 September 24, 1995 Twin Lake Task Force c/o Tom Krueger Crystal City Hall 4141 Douglas Dr. Crystal, NIN 55422 Dear Mr. Krueger: I wish to register my extreme disgust at the recent attempt to regulate the use of tiliddle and Upper Twin Lakes. Unlike South Twin, the minimal parking at the public accesses to Middle and Upper Twin adequately limit the volume of lake traffic from outside sources, so restrictions will only hurt those of us that live on the lake and pay dearly for the privilege of using it. The proposed restrictions are an obvious attempt to railroad through legislation that is only supported by a small minority. If this attempt is successful, I promise to do all I can to see that the legislation is overturned and that those responsible for its passage are denied future opportunities to misrepresent their constituents. • I'm writing this because my job requires me to be out of town on Oct. 4th when the task force public meeting is scheduled. I'm also sending copies to all council members of Brool Glyn Center and Crystal because, as the recent Robbinsdale fiasco showed, a task force is not required to represent the majority opinion and unlike Robbinsdale, the much larger affected voter population in Crystal and Brooklyn Center will not take misrepresentation lying down. Sincerely, Paul Oman } 1 To: TWIN LAKES TASX FORCE Oct 4, 1495 Ra: Meeting, Ocxba4,1995 a Unfaftunetaiy, d&ro to tda co mi=aw I will noc be attending umizht'S meedag. I do hope, t however, this isn't one of those frequent meetings in which the octane has alrmdy been dctermin 1 Over the past several years, with the increase in jet sb usage and engine capabilities, coupled with the motorized water craft ban on lower ?`+vin, the upper and atiddle have experienced a water crait'speod i and members increase which far exceeds the sirs of the laires. Any attempt of enjoying lair serenity has been lost The sar'cry 01 the lAim has be= gready dee=sed, whedw It be swimmers or non - motorized craft users. It would never be my mquest to restrict motorized water craft, too much would be taken away. , $ However, there is a definite need for regulado= speed, mafflers and unsafe `t1 rill rides auzmgting to push jet skis to their maximum potential, :1 I truly hope, as a 3S year lake resident who enjoys and utiilzes the lake daily, a resoluticu in favor of 1 regaining some of the bins' beauty, peacefulness and trangnilliry is fWthcoming. r a Sincerely, 3 Pit Slancy- Campion 5320 Perry Ave No. Cryatnl, MN 55429 1 537-02M l :t .j 'a :j . a ,1 • 3 i t • IE'� DATE: September 19, 1995 TO: Twin Lake Lse Task Force Nfemoers l FRONT: Tom Krueger RE: State Boating Regulations There does appear to be some misconception: by the public regarding state boatif.g regulations. The followin, is summarized from Minnesota 1994 Water Safe % Watercraft and Watercraft Titling Laws and Boat and Water Safety Rules I will just highlight regulations pertaining to Twin Lakes specifically regarding distance. For motorized boats, the only mention of distance, outside of general safe operation guidelines and slow -no wake zones, appears remaining 150 feet from a diving flag. Also, a motorized boat is not to enter a designated swimming beach. There are no restrictions on distance from t shore, swimmers, other boats or other structures. Further, there are no restrictions on time of operation for motorized boats. Personal watercraft regulations are more restrictive and are a bit more specific. It is unlawful to operate or to permit the operation of a personal watercraft: * between sunset and 8:00 a.m.; * within 100 feet of a shoreline, dock, swimmer, or swimming diving raft or a moored, anchored, or nonmotorized watercraft at greater than slow -no wake speed; * through emergent or floating vegetation at other than a slow -no wake speed; * in a manner that unreasonably or unnecessarily endangers life, limb, or property. including weaving through congested watercraft traffic, jumping the wake of another watercraft within 100 feet of the other watercraft These are the only specifics I could find that would relate to the Task Force's charge. As you can see, the public and the Task Force has been under some misconceptions regarding regulations which exist under state law. I will certainly discuss this at the next public information meeting. • NI E NI O DATE: October 3, 199 TO: Twin Lake Use Task Force Members FROM: Tom Krueger RE: State Boating Regulations There does appear to be some misconception by the public regarding state boating regulations. The following is summarized from Minnesota 199.1 Water Safety, Watercraft and Watercraft Titlina Laws and Boat and Water Safety Rules I will just highlight regulations pertaining to Twin Lakes specifically regarding distance. For motorized boats, beyond general safe operation guidlines and slow -no wake zones, the only mention of distance is remaining 150 feet from a diving flag. :also, a motorized boat is not to enter a designated swimming beach. There are no restrictions on distance from shore, swimmers, other boats or other structures. • Further, there are no restrictions on time of operation for motorized boats. Personal watercraft regulations are more restrictive and are a bit more specific. It is unlawful to operate or to permit the operation of a personal watercraft: • between sunset and 8:00 a.m.; • within 100 feet of a shoreline, dock, swimmer, or swimming diving raft or a moored, anchored, or nonmotorized watercraft at greater than slow- no wake speed; • through emergent or floating vegetation at other than a slow -no wake speed; • in a manner that unreasonably or unnecessarily endangers life, limb, or property, including weaving through congested watercraft traffic, jumping the wake of another watercraft within 100 feet of the other watercraft These are the only specifics relating to the Task Force's charge. As you can see, the public and the Task Force have been under some misconceptions regarding regulations t which exist under state law. JOINT CITY TWIN LAKE • LAKE USE TASK FORCE PUBLIC MEETING 111 N UTES SEPTEMBER 13, 1995 NiEMBERS PRESENT: BROOKLYN CENTER: B. Sorenson, S. Kline. CRYSTAL: T. Krueger, &A. iVarn- Kaufman, G.Hackett. ROBBINSDALE: R. Fawbush. The meeting was called to order at 7:10 p.m. by Tom Kueger. Mr. Krueger gave background information on the purpose of the Twin Lake Task Force and the reason for the ublic meeting. He explained the process involved in p b moving from this public meeting to changes in current ordinances (if any are recommended). The Robbinsdale ordinance was reviewed and copies of the Robbinsdale ordinance were distributed to those attending. He apologized for the Post not printing the notice of the meeting and informed everyone that another meeting would be scheduled. • The meeting was opened for public comment: Dan /Karie Priem No complaints on the way things are now (Upper Twin) Patricia Sizer Problem with Jet Skis: continuous back/forth, (Upper Twin /island) noise, excessive speed. Water skiers are out there early, have seen ducks run over by Jet Skis and waterskiers. Feels that lake is not big enough for Jet Skis and waterskiers. Concerned with shore erosion. Would like a no wake zone in her area rather than distance restrictions. Phillin Forbitc . �,. ski �,_ .. make user (wa. - e -skiers s1 .e i 98 Lante 1 5 (Doesn't live on lake) perfect size for water - skiing - uses it early morning to avoid crowding in the prime time. Feels that the 2 narrow areas should be no wake zones. Doesn't think that distance requirements would affect water skiing. Any horsepower limits would affect him. • • Valerie Bauer Has lived on lake for 40 years and thinks lake (Not given) looks best ever. Lives by boat launch and 'hasn't seen any problems. Not bothered by noise from water- skiing. Thinks Jet Skis use lake a lot but hasn't been bothered by them. Suggested limiting the number of Jet Skis allowed on the lake at one time. lone James Suggested certain times for certain activities such (Not given) as water - skiing and jet skiing. Also suggested that air mattresses, canoes, paddleboats not be allowed in the middle of the lake. Questioned how the lower Twin Lake got separate ordinances. This was explained by Russ Fawbush. Jack Richardson Against Robbinsdale ordinance. Felt since he (Not given) pays taxes to live on the lake, he should be able to enjoy it anytime he wants. Sherman Anderson Felt DNR rules were good but suggested that Jet • (Not given) Skis have a no wake zone 100 feet from shore. Bob Spies Thought it would be nice if all 3 lakes have the (Middle Twin) same ordinances. Problems that he saw were: loud Jet Skis - they should have a muffler requirement, Jet Skis and Water- skiers come too close to shore, suggested that some buoys be used as markers for no wake zones. Brady Bach Enjoys seeing lake used. Robbinsdale ordinance (Upper Twin) works for Lower Twin but would not work for the other lakes. The lake is big enough to support watercraft activity. Feit that DNR boating guidelines were working. Expressed concern on who would enforce any new ordinances and would this result in higher taxes. Wants the least amount of restrictions. John Schaaf Felt that lake looks the best in the last 24 years. ('diddle Twin) Did not favor Robbinsdale ordinance and felt that it lead to increased traffic on ,Iiddle and • Upper Twin. Felt there are current laws in place (DNR) and that they should be enforced. • Jerome Bisek Concerned about safety of operation of Jet Skis. (Upper Twin) Suggested some type of control over Jet Skis. Thought Minneapolis had a good Jet Ski ordinance that should be looked at. Wondered how successful Robbinsdale was at enforcing their ordinance. John Malum Suggested more signage and use of buoys to (Middle Twin) mark No Wake zones, etc. Though it would be difficult to make a horsepower limit. Bea Tillman Likes to watch lake users. Thinks Robbinsdale (Upper Twin) ordinance is a joke because it severely limits the use of the lake. Cindy Hawkes Doesn't see any problems. Feels that (Not given) Robbinsdale ordinance is not enforced. Suggested controlling number of Jet Skis if it could be enforced. Marty Lasum Enjoys the wildlife on the lake. Early morning (Upper Twin) waterskiers and the Jet Skiers bother him - too noisy. Feels current DNR ordinances are not enforced. Marilyn Camp No additional restrictions needed. Additional (Middle Twin) enforcement is needed at peak times. Lake health looks good. Wants to be on the lake when she wants. Dan Johnson Dead trees on island are an eyesore. Does not (Not given) favor restriction of hours of operation. Geese are a problem. Ed Grange Suggested "High water - no wake zone" signs for Qvliddle Twin) after rain. Not in favor of hours of operation restrictions. Less regulations is better. Requested lake to be stocked with fish. Joe iMann Water Patrol does a good job of responding to (Upper Twin) calls. Not in favor of any additional restrictions. Want existing regulations enforced. • • Larry Castleman People who live off the lake are causing most of (tiliddle Twin) the problems. Speed signs and enforcement are needed. lvlake Shapiro No more regulations needed. Increase signage (Upper twin) for no wake zones, more information on - current regulations through signs. Dan Priem Against time restrictions. Use enforcement of (Upper Twin) existing laws. The public comment portion of the meeting was concluded. A representative from the Hennepin County Water Patrol reported on enforcement of lake rules. They keep records on the types of complaints and type of enforcement done on the lake. Residents felt that the Water Patrol was responsive to their calls. Another public meeting was set for Wednesday October 4, 1995 at 7pm at the Brooklyn Center Community Center. • Respectfully submitted, Gene Hackett Recorder • • JOINT CITY TWIN LAKE LAKE USE TASK FORCE MEETING MINUTES JUNE 14, 1995 NtEWERS PRESENT: BROOKLYN CENTER: D. Allen, B. Siems, B. Sorenson, S. Kline. CRYSTAL: T. Krueger, C.Hackett. ROBBINSDALE: C. Patterson, R. Dody, R. Fawbush. The meeting was called to order at 7:25 p.m. by Tom Kueger. The minutes were approved as sent. The Committee began reviewing the city ordinances for boats. Robbinsdale is the only city that has specific boating ordinances since they went through the process with South Twin Lake. The main concerns with trying to develop boating ordinances for the 3 cities are: Noise Speed Personal watercraft/Big motors vs Swimmers Big motor v s s Residents s dents (erosion problems) • Other discussion concerned: limit hours of motorboat operation limit horsepower allowed It was suggested to use the Robbinsdale ordinance as the proto -type for the other two lakes. Since this ordinance limits hours of operation, there may be complaints . Offering special permits for special events was discussed but decided that it would be too hard to administrate. Moved by member Dody and seconded by member Patterson to recommend that the City of Robbinsdale South Twin Lake ordinance regarding boats be suggested for all three Twin lakes. ,Motion carried - unanimous. It was decided that the Committee should focus their energy on the boating issues so that something could be in place for 1996. The process would go something like this: Community Informational ilAeetings -September Gather input, feedback City Council Input/Ordinance process County endorsement • DNR endorsement Become enforceable upon completion of the above process. Before the next mee ting (August 9) each community is asked to meet in a sub - community to review the Robbinsdale ordinance and set their community meeting. Before the August meeting, each community should conduct its own fact finding in regards to residents and lake user's needs, problems and issues and questions /comments regarding the proposed ordinance (Robbinsdale South Twin Lake). The snowmobile issues would be delayed until this project is well underway - probably early next year so that any ordinances would be in effect for the winter of 96-97. Next meeting: Wednesday August 9 7pm Crystal C- mmunity Center - 4800 Douglas Drive Meeting adjourned at 8:35pm. Respectfully Submitted, Cene Hackett Recorder • • JOINT CITY TWIN DARE • L:1KE USE TASK FORCE MEETING MINUTES May 10, 1995 Members Present: Bud Sorenson, Brooklyn Center Russ Fawbush, Robbinsdale Marilyn Marn Kaufman, Crystal Ann Hoffineister, Crystal Tom Krueger, Crystal The meeting was cancelled due to lack of a quorum. Member Sorenson suggested that in the future, Task Force members that cannot attend, call in advance of the meeting. Member Krueger suggested that members call the Crystal Community • since that is where. the s have been held. meetings Center, i g Other dates were discussed to makeup this meeting. By consensus it was decided that it would not be feasible to meet again until the next regularly scheduled meeting in June. Members waited until 7:30 p.m. to see if a quorum would be pres- ent. • The next meeting is scheduled for June 14 at 7:00 p.m. at the Crystal Community Center. Respectfully submitted, Russell D. Fawbush JOINT CITY TWIN LAKE LAKE USE TASK FORCE MEETING N INUTES MARCH 8, 1995 NiEiMBERS PRESENT: BROOKLYN CENTER: D. Allen, B. Siems, S. Kline, A. Ulavis, B. Sorenson, K. \v1ann. CRYSTAL: T. Krueger, T. Jungroth, A. Hoff ineister, ti1. \/tarn- Kaufman, G. Hackett, J. Dulgar. ROBBINSDALE: R. Fawbush, C. Patterson, R. Dody. The meeting was called to order at 7:05 p.m. by Tom Krueger. The purpose of the task force was reviewed. Crystal initiated the Task Force in response to citizen concerns. Issues concerning the lake include: noise, speed, erosion, summer lake use, winter lake use, safety, water quality, algae and purple loosestrife control, goose control, consistency in regulations /ordinances regarding lake use. Currently, the Hennepin County Water Patrol cannot ticket since no joint regulations exist.to cover the water - tickets can only be issued in violations of state laws concerning water use. The City of Robbinsdale has written ordinances concerning Lower Twin Lake since it is wholly within the boundaries of Robbinsdale. Task Force Officers were selected: Chairperson: Tom Krueger (Crystal) Vice Chairperson: Bud Sorensen (Brooklyn Center) Recorder: Crystal will provide Task Force membership was discussed. Each city was encouraged to have City Council representation. At this time, Robbinsdale has not designated a City Council member to the task Force. Council representatives will have voting privileges. Each city should have at least one member from their Park and Recreation Commission. Crystal has 2 representatives - 1 regular and 1 alternate. If both attend, both will be allowed to vote. The Task Force will meet the 2nd Wednesday of each month. The Crystal Community Center will be used; if it is not available, the Brooklyn Center Community Center should be available. The Task Force will try to complete its duties in one year so any changes can be implemented for the summer or 1996. The Task Force felt that public input was needed in the process of defining issues • and reviewing ordinances. Discussion centered around when to involve the public and how to involve them. It was suggestioned to have 2 public meetings: one early in the process to define the issues and one later, after the Task Force has made a plan to deal with the issues. The rirst meeting should be held at one location only so the same information is heard by all attending. Also, the meeting should be on CATV and recorded in the POST. These 2 public meetings will be scheduled apart from the regular Task Force meetings. iMany members felt that the public is split on how to deal with the lake issues which is why prior Task Forces failed to unite the cities to write joint ordinances. .Many members Felt that compromises will have to be made to allow all users of the lake to enjoy it. This seemed to work well with Robbinsdale when their Lower Twin Lake regulations were written. It was suggested that the Task Force use Robbinsdale ordinances as a base to work from to write joint regulations. Also, it was suggested that the committee get Hennepin County Water Patrol and DNR input. Agenda topics for the next meeting include: Review current city ordinances. Have representative from Hennepin County Water Patrol give input on issues, regulations that might help, etc. Decide where to go from here. Next meeting: Wednesday April 12 1995 7:OOpm Brooklyn Center Community Center (NOTE: Change of location due to Crystal Community Center not being available) • 9.6 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 16th day of December, 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 Chapter 11 of the City Ordinances Relating to the Regulation of Charitable Gambling. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES RELATING TO THE REGULATION OF CHARITABLE GAMBLING; AMENDING SECTION 11 -717, PARAGRAPH 2 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended as follows: • Section 11 -717. GAMBLING REGULATIONS. 2. Use of the licensed premises shall be by means of a written lease agreement between the licensee and the charitable organization. The lease shall be for a term of at least one year; a copy shall be filed with the police department, and also a copy must be kept on the premises and available for public inspection upon request. Leases shall be governed by the following: a. [Maximum rent that may be charged is $700 per month.] The amount of rent charged may not exceed the amount authorized by law. b. Rental payments may not be based on a percentage of profits from gambling. C. The charitable organization may not reimburse the licensee for any license fees or other gambling related expenses incurred by the licensee. d. The only form of gambling that shall be permitted on the licensed premises shall be pull -tabs approved by the state. e. Pull -tabs shall only be sold from a booth used solely by the charitable organization, and pull -tabs shall neither be sold by employees of the licensee nor sold from the bar service area. • ORDINANCE NO. f. The construction and maintenance of the booth used by the charitable organization shall be the sole responsibility of the charitable organization. g. The lease shall contain a provision permitting the licensee to terminate the lease if the charitable organization if found guilty of any violation of state or local gambling statutes, ordinances, or rules and regulations. Section 2. 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.) 470 Pillsbury Center i 200 South Sixth Street Minneapolis MN 55402 (612) 337 -9300 telephone & (612) 337 -9310 fax e -mail: atrys@kennedy- graven.com CHARTERED CHARLES L. LEFEVERE Attorney at Law Direct Dial (612) 337 -9215 November 18, 1996 Michael McCauley City of Brooklyn Center 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430 RE: Regulation of Charitable Gambling Dear Mike: I recently came across a staff report for the city council meeting of September 11, 1995 in which Cam Andre, the Interim City Manager, suggested to the city council that Section 11 -717 of the city code be amended to allow charitable gambling licensees to pay as much as the law allows for rent of the licensed premises. In checking my code book, it does not appear that such an ordinance was ever adopted. I do not recall whether we ever prepared such an ordinance. The current ordinance limits the amount which licensees can pay for pull -tab operations to $700 per month. This was based on muc h earlier version of state law, which has since been amended to provide that lease payments may be limited by rule of the charitable gambling control board provided that such rules do not prescribe a limit of less than $1,000 per month. A copy of the staff report, and a proposed ordinance, are attached. Please give me a call if you have any questions. Very truly yours, • Charles L. LeFevere CLL /cmm Enclosures C L113347 BR 91 -4 cokmcil tiaEWC Dwz 9 -1t -9s City of Brooklyn Center Agenda Item Numbcr Z:5: Request For Council Consideration • Item Description: REQUEST FOR CHANGE IN ORDINANCE RELATING TO PULL -TAB OPERATIONS Department Approval: i Cam Andre, Interim City Manager Manager's Review/Recommendation: No comments to supplement this report Comments below /attache P d Recommended City Council Action: Direct the City Attorney to prepare an amendment to the ordinance providing for this change. Summary Explanation: (supporting documentation attached YES Earle Brown Bowl and Lynbrook Lanes request a change in the ordinance regulating the amount that can be charged for rental space for pull-tab operations to allow the maximum permitted in state statutes. Currently the ordinance permits $700 and the state statutes permit $1,000. It is suggested that the ordinance (Section 11 -717) be amended to delete "$700 per month" and substitute "would be allowed by state statute." The applicants state that the Lions Club (sponsors of the operation) are in agreement with the proposal. • Earle,Brown BoWl _ = 6440 James-Circle North . 'Brooklvn Center, Minnesota 55430 - s Au ust �17 ' 1995 Earle Brawn Bawd g , ♦' V Y J J `- 7. L - YCity oi"Brooklyn Center T, I 6302.= Sfiingle= Creek`:Parkway x Brooklyn _:Center, MN. - .55430 r � -- ,Dear : - - Sir - On behalf: of Steve Nelson of Lynbrook Lanes and me, ; r 'I like_'ao see he liquor ordnance:`chanoed to coincide wztfi.the State -law regarding pull tabs I '=have talked ta; tab people and they are 'agree Thank yov'for_ your considezation in :th ±s�''matter _ a i f - Sincerely _ -� James E. Madden 7. ' President-Ear. Brown Brown' _ S - teve elson' .. - _ _. _ ::• _. President Lynbrook banes Restaurant (612) 460 -9242 Fun Center (612) 566 - 6250 City of Brooklyn Center • A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness, Councilmembers C dy, Hilstrom, Mann, and Nichols FROM: Michael J. McCauley, City Manager' DATE: November 21, 1996 SUBJECT: Set Date for Council Work Session for Monday, December 2, 1996, at 7 p.m., Conference Room B, City Hall Council will meet in work session to discuss the proposed 1997 budget on Monday, December 2, 1996, at 7 p.m. in Conference Room B, City Hall. • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 9� City of Brooklyn Center • A great place to start. A great place to stay. MEMORANDUM TO: Mayor Kragness and Council Members Carmody, Hilstrom, Mann, and Nichols FROM: Michael J. McCauley, City Manager DATE: November 20, 1996 SUBJECT: Meetings with Commissions I would propose the following annual meeting schedule for the Council's consideration: February Housing Commission March Park and Recreation Commission • April Human Rights and Resources Commission May Financial Commission September Planning Commission October Charter Commission The joint meeting would be scheduled for the commission's regular meeting during the designated month as requested by the City Council. 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer 31 City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Kiagness, Councilmembers Carmody, H strom, Mann, and Nichols �a FROM: Michael J. McCauley, City M DATE: November 21, 1996 SUBJECT: Set Date for Facilitated Council Workshop for Thursday, February 20, 1997, at 2 p.m., Earle Brown Heritage Center, with Carl Neu i • 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & ?DD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action l Equal Opportunities Employer • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION STATING THE CITY COUNCIL'S POSITION ON BROOKLYN BOULEVARD IMPROVEMENTS WHEREAS, the City of Brooklyn Center, Hennepin County, and the Minnesota Department of Transportation have been discussing a proposed enhancement and reconstruction of CSAH 152 (Brooklyn Boulevard) from 65th Avenue North to 71st Avenue North; and WHEREAS, the project has received federal ISTEA STP funding for roadway improvements and ISTEA TEP funding for enhancements along Brooklyn Boulevard; and WHEREAS, the many complexities of designing a construction and enhancement project in the area between the I -694 interchange and 69th Avenue North in concert with potential redevelopment has resulted in the situation where it is not possible at the current time to accurately assess the total cost of right -of -way acquisition, relocation, and environmental cleanup for both construction and redevelopment; and • WHEREAS, in order to be able to utilize the ISTEA funds it would be necessary to roceed with right-of-way ac uisition before the necessary information on potential costs of P q rY P acquisition and environmental remediation would be known; and WHEREAS, fiscal constraints that have occurred since the project was first conceived, grant applications were made, and ISTEA funding was awarded have limited the City's ability to provide for unknown contingencies related to acquisition and redevelopment; and WHEREAS, alternate proposals that have been recently explored by City staff with Hennepin County would not provide for the desired level of enhancement with green space, trees, and substantially landscaped walking and bike pathways on Brooklyn Boulevard between the I- 694 interchange and 69th Avenue North; and WHEREAS, the Council believes that it would not be in the City's long term best interest to further explore a project that would provide roadway improvements and enhancements in the project area as proposed except for the segment between I -694 interchange and 69th Avenue North since it would be unlikely that segment would ever be completed if it were undertaken on a partial basis at this time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that it requests that Hennepin County proceed with a mill and overlay project • on Brooklyn Boulevard to the extent of the ISTEA project limits with consideration given to the advisability of a continuous center median between the I -694 interchange and 69th Avenue North to reduce the incidence of traffic accidents due to unrestricted left turn activity along Brooklyn Boulevard. • RESOLUTION NO. BE IT FURTHER RESOLVED that the Metropolitan Council is hereby notified that the City of Brooklyn Center will not be in a position to utilize the ISTEA TEP funding for the Brooklyn Boulevard Enhancements project prior to its sunset date. BE IT FURTHER RESOLVED that the City Council's position be that until the total costs are identified and the City would fmd sufficient resources to undertake the project that staff continue to work with Hennepin County and the Minnesota Department of Transportation on developing this additional information and to explore future grant funding to seek replacement for grant funding that will be lost due to the timing of the delayed project and that the potential complete widening project to provide greater traffic movement and the desired enhancements identified by the Citizens Advisory Committee will not be undertaken until the entire project can be accomplished. 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. • Iq J • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk * DATE: November 21, 1996 SUBJECT: Mayoral Appointment of Member to Serve on Financial Commission On October 9, 1996, Phillip Roche submitted his letter of resignation from the Financial Commission. Notice of vacancy on the commission was published in the Brooklyn Center Sun -Post on October 23, 1996. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from October 17 through November 18, 1996. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission notifying them of the vacancy. Notices were also sent to current advisory commission members. Attached for City Council Members only PP are the applications received as follows: Jerald Blarney 7136 Willow Lane N. Stephen Erdmann 4919 61 st Ave. N. Michael Weidner 6319 Scott Ave. N. Attached is a memorandum from Mayor Kragness indicating her nomination. Letters were sent to each applicant notifying them that their application for appointment would be considered at the November 25, 1996, Council meeting and they were invited to attend. Attached is a table which indicates the geographical distribution by neighborhood of the applicants and current members of the Financial Commission. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Recommended Council Action: Appoint one member to serve on the Financial Commission to fill the unexpired term of Phillip Roche, term to expire December 31, 1997. Attachments • • MEMORANDUM TO: Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Myrna Kragness, Mayor DATE: November 21, 1996 SUBJECT: Financial Commission Nomination As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the nomination of Jerald Blarney, 7136 Willow Lane North, to the Financial Commission. • • • City of Brooklyn Center Procedures for Filling Commission /Task Force Vacancies Adopted by Council 3 /27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. • City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Applicants and Current Members November 18, 1996 Neighborhoods u > >< ` > `! > > rren e s >:::.... ::... <:......... >: >:::: >:: >:<::: >«: C t Members Southeast Northeast Northwest West Central s C Ron Christense We 6101 June Avenue North • Lawrence Peterson erso n 5 3 0 J Avenue .;.:;.:<::.:;:.: ,.:; :.:: ...... >«> > 8 June enu North Central Donn Escher 3107 65th Avenue North Southwest Lee Anderson 5344 North Lilac Drive Jay Hruska 5012 North Lilac Drive Ned Storla 4206 Lakeside Avenue North #328 One vacancy.