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HomeMy WebLinkAbout1996 07-08 CCP Regular Session Public Copy • CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER July 8, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Council Report 5. Presentation 6. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. a. Approval of Minutes ® Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. 1. June 24, 1996 - Regular Session b. Resolution Expressing Recognition and Appreciation of Byron Brekke for His Dedicated Public Service on the Charter Commission C. Resolution Authorizing the Purchase of One (1) Ford Crown Victoria Squad and Amending the 1996 Central Garage Budget d. Resolution Authorizing the Transfer of Funds from the Police Department Drug Forfeiture Fund for the Purchase of Police Department Items and Amending the 1996 General Fund Budget e. Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 07/08/96) f. Resolution Establishing Project No. 1996 -17, Northport Park Tennis Court Improvements, Accepting Quote and Awarding a Contract • g. Licenses CITY COUNCIL AGENDA -2- July 8, 1996 • 7. Open Forum 8. Planning Commission a. Planning Commission Application No. 96008 submitted by Oppidan Investment Company. Request for site and building plan approval to redevelop the property located northeasterly of the intersection of 63rd Avenue and Brooklyn Boulevard for the purpose of constructing three retail buildings comprising a total of approximately 102,000 sq. ft. The Planning Commission recommended approval of this application at its June 27, 1996, meeting. • Requested Council Action: - Motion to approve Planning Commission Application No. 96008 submitted by Oppidan Investment Company subject to the conditions recommended by the Planning Commission. 9. Council Consideration Items a. Proclamation Declaring August 2 and 3, 1996, as Relay for Life Days in Brooklyn Center -Requested Council Action: - Motion to adopt proclamation. b. Resolution Approving Cost Participation in the Replacement of Playground Equipment at Garden City School • Requested Council Action: - Motion to adopt resolution. C. Set Date for Council Work Session for July 22, 1996, at 6 p.m. • Requested Council Action: - Motion to set Council Work Session to tour Earle Brown Heritage Center facilities at 6 p.m. d. Resolution Regarding Appointment of City Employees to City Boards and Commissions • Requested Council Action: - Motion to adopt resolution. e. Financial Commission Recommendation for City Council Salaries -An Ordinance Amending Ordinance No. 94 -12 Regarding Council_ Salaries for 1997 - 1998 -Requested Council Action: - Introduce first reading of ordinance. • 10. Adjournment CITY COUNCIL AGENDA -3- July 8, 1996 Following City Council meeting, reconvene in Executive Session to discuss pending litigation regarding Bituminous Consulting and Contracting. This meeting is closed to the public under the attorney /client privilege. s e • DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 24, 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 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles F. Nichols, Sr. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Planning & Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and Council Secretary Lori Ende. OPENING CER_F,,MONIES The invocation was offered by Dean Nyquist. COUNCIL REPORT Mayor Kragness congratulated the two newest members named to the Brooklyn Historical Hall of Fame: Dean Nyquist and Tom Shinnick. Councilmember Carmody informed the Council that she recently attended a League of Minnesota Cities conference and is interested in discussing some of the topics with the Council at its next work session. Councilmember Carmody also commended Dayton's and Mervyn's of California on a job well done in their clean-up day of the Arboretum. PRESENTATION BY STA FP FSENTATIVE PHIL C R�t1THFRS State Representative Phil Carruthers addressed the Council regarding issues recently discussed in the legislative session and made available to the Council copies of important legislation passed, many of which were issues brought forth from cities and governmental units. He stated that this last legislative session regarding the city transit and special assessment issues is good for the City of Brooklyn Center. He discussed current issues involved with the City and what the legislature can do with regard to these issues, including efforts to keep apartments, property, and streets up -to -date. Councilmember Nichols inquired as to the veto on the pond. He asked whether or not the City of Brooklyn Center will be able to apply for funds again when money is available. State Representative Carruthers stated the veto included the Hennepin Community Works project. He has received numerous calls from residents on Humboldt Avenue with regard to that project and suggested that residents should be advised of the status of Hennepin Community Works. 06/24 _ I96 -1- DRAFT', State Representative Carruthers went on to list other bills within the legislature, one which authorizes the City to close businesses that are operating under non - compliance ordinances because of code problems or conducting illegal types of businesses. He noted that the legislature voted not to proceed with a new airport in Dakota County. State Representative Carruthers also discussed the current situation with Brookdale Center. He stated there was a bill for tax increment financing for Maple Grove to build a new mall. The bill was defeated. He stated he would not support a taxpayer subsidy in Maple Grove for a new mall when there is one in Brooklyn Center. A final note by State Representative Carruthers, there were no tax increases passed and the State ended up with a reserve of funds. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the June 24, 1996, agenda and consent agenda passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve minutes of the May 20, 1996, Special Work Session and the June 10, 1996, Regular Session as inted passed unanimously. P ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LI v _ CEi SING• AMENDIN SECTION 11 609 BY DELETING PARAGRAPHS 6 AND 10 A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the first reading of An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Amending Section 11 -609 by Deleting Paragraphs 6 and 10 passed unanimously. Y RESOLUTION NO 96 -120 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR THE WEED AND SEED PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. 06/24/96 _ _ DRAFT BROOKLYN -CENTER FIRE DEPARTMENT RELIEF ASSOCIATION FINANCIAL STATEMENTS FOR THE CALENDAR YEAR ENDED DECEMBER 31 1995 A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the Brooklyn Center Fire Department Relief Association Financial Statements for the Calendar Year Ended December 31, 1995, passed unanimously. RESOLUTION NO.-96-121 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 6/24/96) The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO-96-122 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING ACQUISITION OF SIDEWALK EASEMENTS, IMPROVEMENT PROJECT NO. 1995 -05, CONTRACT 1996 -C, 69TH AVENUE NORTH, SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH, STREET, BRIDGE REPLACEMENT, ROADWAY, DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. LICENSES A motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following list of licenses passed unanimously: GARBAGE ND R FFT TRP COLLECTION VEHICLES Environmental Refuse 4123 Russell Avenue North Nash and Sons Hauling 2301 93rd Way UWS /Gallagher's 95 West Ivy Avenue Walter's Recycling & Refuse Services P.O. Box 67, Circle Pines MECHANICAL Y T MS Erickson Plumbing, Htg/Cooling 9212 Isanti Street NE Fireplace Showroom 225 County Road 81 LBP Mechanical, Inc. 315 Royalston Avenue North 06/24/96 _ _ DRAFT'. RENTAL DWELLINGS Initial: William Bartram 6107 Brooklyn Boulevard Renewal: KMS Management, Inc. Ryan Lake Apartments Kim La Corporation Ryan Terrace Manor KMS Management, Inc. Shingle Creek Apartments Roland Scherber 5243 Avenue North Robert and Marilyn Cashman 5430 Humboldt Avenue North Michael Haase 5313 -30 Queen Avenue North Lyle Miller 3513 47th Avenue North SIGN HANGER Contact Signs 1303 Victoria Street OPEN FORUM Charles Lenthe, 7007 Irving Avenue North, addressed the Council urging them to review requests for installation of Stop signs before issuing them. He indicated there are signs which he believes are unwarranted within the City, resulting in the Stop signs being an inconvenience. He also addressed the issue of speed limit signs and suggested speed studies should be done and those signs updated. He particularly noted speed studies conducted in the areas of 59th and 69th Avenues which connect to Brooklyn Boulevard and also on Humboldt Avenue. He also inquired as to whether there was a 0 position taken on the Met Council growth management options. The City Manager responded the City has not yet taken a position on growth management options. Mr. Lenthe urged the Council to look at that because of the opportunity it provides for redevelopment of older homes. He stated his concern about the sealcoating program, and noted that he has since received a copy of the sealcoating map, would review it, and possibly call with any concerns. Dave Comer, 5511 Knox Avenue North, addressed the Council with regard to two issues of concern. His first issue being hat the motor vehicle on his property with expired tabs was to g x u tagged the P P P g by th ..g P department. He stated he understands the need to keep the City clean and that some neighborhoods complain about junk being kept on properties. The second issue is when he was tagged for the expired tabs, he noticed the police department used the same envelopes as they would use for their regular mailings. He stated he almost threw the citation away, thinking it was an invitation or request for donation, which he frequently receives from the police department. He suggested that instead of tagging vehicles randomly for expired tabs, the police should give a warning first. 06/24/96 -4- DRAF Mr. Comer said it is a running motor vehicle and he does move the vehicle around his property from time to time. He stated he is unable to keep the vehicle in his garage because he runs a business out of his home and needs room for storage and other purposes. Councilmembers concurred that the major complaint from residents in the Brooklyn Center area is they are tired of their neighbors having cars, brush, trees, and junk laying around and noted this is not something people condone. It was noted that this ordinance is in effect as a benefit for the City as a whole. Councilmember Hilstrom suggested staff look into the issue of the police department using the same or similar envelopes for citations as they do other mailings. AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES EGULATIN THE USE OF SKATEBOARD AND IN-LINE SKATES: ADDING NEW SECTIONS 19 -1501 AND 19 -1502 The City Manager stated this ordinance was first read on May 28, 1996; published in the City's official newspaper on June 5, 1996; and is offered this evening for a public hearing and second reading. PU A motion by Councilmember Carmody and seconded by Councilmember Mann to open the public hearing at 7:45 p.m. passed unanimously. PUBLIC INPUT Charles Lenthe, 7007 Irving Avenue North, questioned whether the ordinance would allow for in- line skating in other parking lots. The City anager pointed out th tY � p e ordinance applies to the sidewalk and railing areas within the Civic Center complex area immediately around the City offices. A motion by Councilmember Carmody and seconded by Councilmember Mann to close the public hearing at 7:49 p.m. passed unanimously. ORDINANCE NO 96 -07 Member Kristen Mann introduced the following ordinance and moved its adoption: AN ORDNANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES REGULATING THE USE OF SKATEBOARDS AND N -LNE SKATES; ADDING NEW SECTIONS 19 -1501 AND 19 -1502 The motion for the adoption of the foregoing ordinance was duly seconded by member Kathleen Carmody and passed unanimously. 06/24/96 -5- DRAFT AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCE PROVIDING FOR THE ABATEMENT OF NM E: DELETING SECTION 19-120 ADDNG NEW SECTIONS 19 -1203 AND 19 -1204 The City Manager stated this ordinance was first read on May 28, 1996; published in the City's official newspaper on June 5, 1996; and is offered this evening for a public hearing and second reading. PUBLIC HEARING A motion by Councilmember Carmody and seconded by Councilmember Mann to open the public hearing at 7:50 p.m. passed unanimously. PUBLIC INPUT Councilmember Nichols inquired as to how the police will enforce such a noise ordinance and how they will distinguish between what is too loud and how sound carries. Dave Comer, 5511 Knox, stated he does not believe posting signs will have any effect and doesn't believe the City can enforce such an ordinance because frequency travels at different rates of speed. The City Manager gave a brief overview of the ordinance and stated the police department requested this ordinance with the intent to create a mechanism to deal with noise. The City Attorney gave a brief overview of the ordinance. The advantage of having such an ordinance is for the police officers to be able to deal with unreasonable noise problems. A motion by Councilmember Carmody and seconded by Councilmember Mann to close the public hearing at 8:01 p.m. passed unanimously. ORDINANCE NO. 96 -08 Member Kathleen Carmody introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 OF THE CITY ORDINANCES PROVIDING FOR THE ABATEMENT OF NOISE; DELETING SECTION 19 -1203 AND ADDING NEW SECTIONS 19 -1203 AND 19 -1204 The motion for the adoption of the foregoing ordinance was duly seconded by member Charles F. Nichols, Sr. and passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMIS ION APPLICATION NO 96005 The City Manager offered a preliminary introduction. 06/24/96 -6- DRAFT The Planning & Zoning Specialist provided a presentation using overhead transparencies of the proposed Planning Commission Application No. 96005 being submitted by North Memorial Health Care requesting a rezoning from R -1 to PUD/R -1 and site and building plan approval through the Planned Unit Development (PUD) process to provide residential hospice care for more than six clients at 4201 58th Avenue North. The Planning Commission recommended approval of this application at its June 13, 1996, meeting. Councilmember Mann questioned whether the driveway into the complex would be asphalt. The North Memorial Hospice representative responded affirmatively. Councilmember Nichols expressed concern about traffic coming in and out of the complex and recommended a curb cut so that cars coming in and out of the complex could move in and out of traffic more easily and with less danger. The-North Memorial Hospice representative stated they haven't considered that option, although it is something they will look into because it could be an issue. Councilmember Hilstrom questioned whether it is the hospice's responsibility for the upkeep of the street. The Planning and Zoning Specialist stated there is an easement for access to this property under the home that was previously there, and indicated it goes back to the time when the open space was acquired or dedicated, the access was left there. He stated that the maintenance and upgrading P�' g of that facility be North Memorial's responsibility. Councilmember Hilstrom inquired as to the possibility of North Memorial deciding to sell the hospice in the future, and whether the new owners would have to come back to the Council. The Planning nd Zoning Specialist to a g stated that far v g p as as the development agreement w oes, there are points laid out in that development agreement and filed with the title of the property, but it would limit the use of this property to a hospice to serve no more than eight clients. He noted that any Y changes, other than change of ownership or control, would be subject to approval by the City Council. S L TION N Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 96005 SUBMITTED BY NORTH MEMORIAL HEALTH CARE The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. AN ORDINANCE AVIE: TV CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND (NORTH HOSPICE 06/24/ - DRAFT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to approve the first reading of An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land (North Hospice) passed unanimously. COUNCIL CONSIDERATION I MS MAYORAL APPOINTMENT OF MEMBER TO SERVE ON FORCE A motion by Councilmember Carmody and seconded by Councilmember Mann to table the Mayoral appointment of member to serve on Communications Task Force passed unanimously. SET DATE FOR JOINT MEETING WITH BROOKLYN PARK CITY COUNCIL A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to set a joint meeting with the Brooklyn Park City Council for September 16, 1996, with the location and time to be determined passed unanimously. RESOLUTION APPROVING METROPOLITAN LIVABLE COMMUNITIES ACT ACTION PLAN AND AUTHORIZING SUBMITTAL OF PLAN TO THE METROPOLITAN COUNCIL The City Manager explained the purpose of the Metropolitan Livable Communities Act action plan and gave a summary of the key information items relative to the Act and the requirement for continued participation in the Metropolitan Livable Communities Act and how the City of Brooklyn Center meets the affordability goals. Councilmember Mann stated that she cannot support this resolution. RESOLUTION NO 96 -124 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING METROPOLITAN LIVEABLE COMMUNITIES ACT ACTION PLAIN AND AUTHORIZING SUBMITTAL OF PLAN TO THE METROPOLITAN COUNCIL The motion for the adoption of the foregoing resolution was duly , seconded by member Kathleen Carmody and passed, Kristen Mann opposed. RESOLUTION AUTHORIZING THE r%T TRCHASE OF TWO (�l FORD TRUCKS CAB AND CHASSIS AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS The City Manager explained the request for the purchase of two Ford trucks and the factors involved in the need for replacement of the current two single axle trucks as set forth in the Council packet materials. 06/24/96 -8- DRAFT RESOLUTION NO 96 -1)5 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) FORD TRUCKS, CAB AND CHASSIS, AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. RESOLUTION NO 96-126 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) FORD TRUCK, CAB AND CHASSIS, AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. UPDATE ON CODE ENFORCEMENT The City Manager explained that the police department code enforcement officer has checked dwelling units and businesses for code enforcement. He used an overhead transparency to show the current status of the City and which areas have been inspected. He noted both the southeast and southwest areas received both letters and citations have been issued for non - compliance; the area north of Bass Lake Road, south of 63rd Avenue, and west of Brooklyn Boulevard received letters but noted follow -ups have not been completed; and the area north of 63rd Avenue, south of I --694, and west of Shingle Creek will be receiving its first check the week of June 17, 1996. ADJOt7RNViFNT A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to adjourn the meeting at 8:45 p.m. passed unanimously. City Clerk Mayor Recorded and transcribed by: Lori Ende TimeSaver Off Site Secretarial 06/24/96 -9- C/ L MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk 4'r(' DATE: July 2, 1996 SUBJECT: Resolution Expressing Recognition and Appreciation of Byron Brekke for His Dedicated Public Service on the Charter Commission The Brooklyn Center Charter Commission has requested the attached recognition resolution be placed on the City Council agenda for approval. Attachment • i Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF BYRON BREKKE FOR HIS DEDICATED PUBLIC SERVICE ON THE CHARTER COMMISSION WHEREAS, Byron Brekke served on the Brooklyn Center Charter Commission from June 7, 1995, to April 10, 1996; and WHEREAS, Byron Brekke served as Audit Chair and on various ad hoc committees; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, his leadership and expertise has been greatly appreciated by the Brooklyn Center Charter Commission; and WHEREAS, it is highly appropriate that his service to the community be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public Y p bl service of Byron Brekke is hereby recognized and appreciated by the City of Brooklyn Center. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i e �oo�uYp r�rrF BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline %K-�, DATE: July 1, 1996 SUBJECT: Replacement Squad Car The resolution turned in is a request to transfer $3,200 from the replacement fund balance to add to the insurance settlement for the squad car which was totaled out while on an emergency run earlier this year. The insurance settlement was just over $16,000 with the purchase price of a ® new squad being $19,000. SK:kh • councilftsgdcanmem Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) FORD CROWN VICTORIA SQUAD AND AMENDING THE 1996 CENTRAL GARAGE BUDGET WHEREAS, vehicle 365, a 1995 Ford Crown Victoria squad car, was damaged earlier this year, causing the City's insurance carrier to declare the vehicle a total loss and to provide the City with a cash settlement of $16,042.90 net of deductible; and WHEREAS, this vehicle has accumulated depreciation funds set aside amounting to $7,300 for this vehicle, which with the insurance settlement results in a total of $23,342.90 available to finance the acquisition of a new squad car; and WHEREAS, it is possible for the City of Brooklyn Center to participate in a Minnesota State Cooperative Program contract to purchase the squad car; and WHEREAS, the Minnesota State Cooperative contract for squad cars was awarded to Superior Ford; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The purchase of one (1) 1996 Ford Crown Victoria squad car, under the Minnesota State Cooperative Purchasing Program, in the amount of $19,400.00 is hereby approved. 2. The 1996 Central Garage Fund Budget is hereby amended as follows: Increase Capital Outlays for the Police Division $19,400.00 Increase Transfers from Replacement Fund Balance 3,357.00 Increase Insurance Reimbursements 16,043.00 3. Any surplus of accumulated depreciation funds will be reallocated to another police vehicle which has a deficiency of accumulated funds. • • RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • e �ponyx CEWLe BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: City Manager Michael McCauley FROM: Chief Scott Kline�a� DATE: July 1, 1996 SUBJECT: Transfer of Funds From Forfeiture to Police Department Budget This resolution formally transfers the money from the drug forfeiture fund of the police department over to the police department budget and lays out the individual divisions of the budget that the monies have to be placed in to allow for the pulling of purchase orders for the • various expenditures. The expenditure of these funds was approved by the city council at their May 28, 1996, meeting and this resolution allows for the movement of the monies. SK:kh • council /forfei96.mem Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE POLICE DEPARTMENT DRUG FORFEITURE FUND FOR THE PURCHASE OF POLICE DEPARTMENT ITEMS AND AMENDING THE 1996 GENERAL FUND BUDGET WHEREAS, the Brooklyn Center Forfeiture Fund has accumulated a total of $24,370.80 through December 31, 1995, which has not been appropriated; and WHEREAS, the Brooklyn Center Forfeiture Fund has accumulated $5,333 during 1996 which has not been appropriated; and WHEREAS, the Brooklyn Center City Council at its May 28, 1996, Council meeting approved the purchase of various items from this fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1996 General Fund Budget be amended as follows: 1. Increase estimated revenues for Transfers from Fund Balance by $24,371. 2. Increase estimated revenues for Drug Forfeiture by $5,333. 3. Increase appropriations for Drug Forfeiture Supplies by $5,639. 4. Increase appropriations for Drug Forfeiture Equipment by $24,065. 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. �J • MEMORANDUM DATE: July 2, 1996 TO: Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services SUBJECT: Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees The City Council by Resolution No. 96 -58 on March 11, 1996 approved plans and specifications for Improvement Project No. 1996 -12, Contract 1996 -D, 1996 Diseased Tree Removal. The attached resolution represents the official Council action required to'expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for council consideration each meeting during the summer and fall as new trees are marked. Member introduced the rollewinc resclution and moved its adoption: • RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE zm ORDERING iRE REMOVAL OF DISEASED TREES (ORDER Na. DST 07109196 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of 3rooklvn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY T CITY COUNCIL of the City of Brooklyn Center, Minnesota that: I. The diseased trees at the following addresses are hereby declared to be a public nuisance: TRVT PROPERTY OWNER PROPERTY ADDRESS NUMBER ----------------- - - - - -- ----------------------- - - - - -- -- - - - - -- BEATRICE WA_ITKUS 5430 OLIVER AVE N 57 CHESTER & LINDA FRANCIS 2224 55TH A'17E N 58 'E;Xj ETH & ALLENE STERM 6325 G IRJARD AVE , N 59 RICHARD & KAREN YOUNG3ERG 5419 GIRARD AVE N 60 CITY OF B.C. NEAR 5407 LYNDALE 61 DONALD BLOM 6301 BROOKLYN BLVD 62 2. After twenty (20) days =rem the date of the notice, the property owner(s) will receive a second written notice providing wive (5) business days i n xr_ich to contest the determination of the City Council by requesting, in writing, a hearing: Said recuest shall be filed with the City Clerk. 3. After five (5) days, if the ^roperty owr_er fails to rec - a hearinc, the tree(s) shall be removed by the City. All removal costs, including lecal, tenanting, and administrative charges, shall be specially assessed against the property. • Date :�aycr ATTEST. C. �v Clerc RESOLUTION NO. The Notion for the adopticn 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. • • 6f • MEMORANDUM DATE: June 18, 1996 TO: Michael McCauley FROM: Jim Glasoe SUBJECT: Resolution Est lishing Project No. 1996 -17, Northport Park Tennis Court Improvements, Accepting Quote and Awarding a Contract On an annual basis, parks staff evaluates parks facilities and equipment for safety and suitability for public use. A 1995 examination of the Northport Park tennis courts showed large cracks in the bituminous, uneven playing surfaces and generally poor conditions. Staff determined that the courts were not playable in their current conditions. The cost to repair and bring the courts up to a playable level was in excess of $6,000. This level of repair would only provide a temporary fix, lasting perhaps two years. To repair the courts correctly, a more extensive reconstruction would be necessary. The 1995 budget contained only $4,000 for tennis court repair. With court repair also needed at • Grandview, West Palmer and Kylawn Parks, staff delayed repairing the Northport courts until adequate funding could be allocated from the Capital Improvements Fund. At their December 11, 1995 meeting, the City Council approved a parks capital improvement plan for 1996 that included an allocation of $45,000 for reconstruction of the Northport tennis courts. On that basis, staff solicited and received the following quotes for repair of the courts and associated fencing: Blacktop Repair Service $24,650 Elk River Bituminous $26,650 The above quotes were for replacing the courts with asphalt. Two additional quotes were received for replacement of the courts using an all weather type fabric. Both quotes were significantly higher than the asphalt courts. The lowest quote received was that of Blacktop Repair Service of Anoka, MN in the amount of $24,650. As this estimate was for surface replacemnt only. Separate quotes will be solicited for the necessary fencing repair and /or replacemet. Staff estimates that the fencing portion of this project will be less than $4,000, bringing the total project cost to around $30,000. Staff recommends establishing Project No. 1996 -17, Northport tennis court improvements, accepting the quote of Blacktop Repair Service and awarding a contract. • Member introduced the following resolution and moved its • adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PROJECT NO. 1996 -17, NORTHPORT TENNIS COURT IMPROVEMENTS, ACCEPTING QUOTE AND AWARDING A CONTRACT WHEREAS, the City of Brooklyn Center's 1996 Capital Improvements Program provided for funds to reconstruct the tennis courts and associated fencing at Northport Park; and WHEREAS, quotations have been received form three (3) qualified firms in providing said services; and WHEREAS, the lowest quotation has been received from Blacktop Repair Service in the amount of $24,650. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The improvements to the Northport tennis courts are hereby established as Project 1996 -17. • 2. The proposal of Blacktop Repair Service of Anoka, MN, in the amount of $24,650 is hereby accepted. The City Manger is hereby authorized to enter into a contract with Blacktop Repair Services to provide construction on the basis of its proposal. 3. All costs associated with Improvement Project No. 1996 -17 shall be funded from the Capital Improvements Project Fund. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: . and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • City of Brooklyn Center 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 July 8,1996: AMUSEMENT DEVICES - OPERATOR Chi -Chi's 2101 Freeway Blvd. Just Kiddie Rides Brookdale Center K -Mart 5930 John Martin Drive Nickels and Dimes, Inc. d.b.a. Tilt #243 1328 Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. Toys R Us 5425 Xerxes Ave. N. AMUSEMENT DEVICES - VENDOR Mendota Valley Amusement, Inc. 9177 E. Courthouse Blvd. Court GARBAGE AND REFUSE COLLECTION VEHICLES Aspen Waste Systems, Inc. 2523 Wabash Ave. Midwest Grease Buyers, Inc. P. O. Box 26, Redwood Falls T & L Sanitation, Inc. P. O. Box 49695, Blaine RENTAL DWELLINGS Initial: Dennis Hargett 7037 Unity Ave. N. Renewal: Rickie Stuva 6413 Brooklyn Drive SIGN HANGER Crosstown Sign, Inc. 10166 Central Ave. NE General Approval: A;At,,� Sharon Knutson, City Clerk • 9a ,l • I N T E R MEMO O F F I C E To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Speci 'st / C .L Subject: City Council Consideration Item - Planning Commission Application No. 96008 Date: July 1, 1996 On the July 8, 1996 City Council Agenda is Planning Commission Application No. 96008 submitted by Oppidan Investment Company requesting Site and Building Plan approval to redevelop the property located northeasterly of the intersection of 63rd Avenue and Brooklyn Boulevard for the ose of constructing three retail buildings comprising a total. of Pm'P g g P g approximately 102,000 sq. ft. • Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 96008 containing an area map showing the location of the property under consideration and various site and building plans for the proposed development. Also attached are the Planning Commission Minutes relating to the Commission's consideration of this matter. This matter was considered by the Planning Commission at their June 27, 1996 meeting and, following extensive review, was recommended for approval. It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. • Planning Commission Information Sheet • Application No. 96008 Applicant: Oppidan Investment Co Location: Northeast Corner of 63rd Avenue North and Brooklyn Boulevard Request: Site and Building Plan Approval The applicant is requesting site and building plan approval to redevelop the property located northeasterly of the intersection of 63rd and Brooklyn Boulevard for the purpose of constructing three retail buildings comprising a total of approximately 102,000 sq. ft. The principal tenant in the complex would be Rainbow Foods which would occupy 68,500 sq. ft. The property under consideration is the site of an existing 141,900 sq. ft. building which most recently housed Builder's Square and Red Owl County Store. This building was originally constructed in 1959 as a Shopper's City. The property is zoned C -2 (Commerce) and is bounded on the north by R -1 zoned property occupied by Garden City Elementary School and R -5 zoned property containing the Garden City Court Apartments; on the east by Beard Avenue North with single family homes on the opposite side; on the south by 63rd Avenue North with single family homes and the City fire station /liquor store on the opposite side; and on the west by Brooklyn Boulevard with single family homes on the opposite side. Retail uses such as proposed by this redevelopment are permitted uses in this C -2 zoning ® district. The applicant's proposal comprehends the demolition of the existing building and the construction of three new buildings on the site. The most easterly and largest building on the site, is proposed to be 78,500 sq. ft., 68,500 sq. ft. for a Rainbow Foods Store and 10,000 sq. ft. of additional retail space which is labeled on the plans as "liquor store." It should be noted that the City Council has not approved any relocation of the City's liquor store to this site. The possibility of such a relocation is being analyzed with - respect to the feasibility of such a location. Approval of the site plan does not commit the City to locating one of its liquor stores on this site. Any such decision would be made by the City Council at a later date. With respect to this 10,000 sq. ft., the applicants could either choose to build it and attempt to lease it out to another retail 'tenant, or not construct it at all. The other buildings proposed for the site are a 9,600 sq. ft. retail building to be located at the southwest corner of the site, near the Brooklyn Boulevard /63rd Avenue North intersection (with a possible Hollywood Video /Great Clips occupancy) and a 13,905 sq. ft. drug /pharmacy building at the northwest corner of the site (which is proposed for a ,possible Walgreen's occupancy). It should be noted that the applicant has discussed the possibility of creating a separate parcel of land for the drug /pharmacy building for sale of the property to a separate owner. This would require a replatting of the property ® 6 -27 -96 Page 1 under a separate planning commission application in order to accomplish this. • ACCESS /PARKIN Four accesses (two on Brooklyn Boulevard and two on 63rd Avenue) are proposed for this site, three of which are in the existing locations. The two Brooklyn Boulevard accesses remain unchanged except the median in Brooklyn Boulevard will be extended approximately 70 ft. to the north by the southerly access thus prohibiting left turn movements at this location to the site for south bound Brooklyn Boulevard traffic. A right -in /right -out only access will be allowed at this point and a delineator at the curb break will be provided to also prevent unauthorized movements. Full access from Brooklyn Boulevard will be gained via the northerly access to the site. This access is in the same location and will be modified by providing a concrete delineator separating the left/right -out turn lanes from the entrance lanes to the site. The main 63rd Avenue access will be in the same location as it is now, but will also be modified by providing a concrete delineator separating the left/right -out turn lanes from the entrance lane. The easterly access on 63rd Avenue will be relocated directly across from Chowen Avenue North and will be 30 ft. in width. This is a secondary access and is located in such a way as to provide landscaping and berming that will better screen the back of the Rainbow Foods building. The plans submitted show 571 parking spaces, primarily to the west of the Rainbow store. Parking is also provided close to and around the smaller building sites. Five hundred and fifty -two parking spaces are required for the 102,005 sq. ft. of retail space (5.5 spaces per 1,000 sq. ft. of gross floor area). The site plan shows a break down of parking based on the various buildings. A dotted line indicating the possible property line for a separated drug/pharmacy / P harmac parcel is al 9 P Y p so shown. Again, to this will have be reviewed through a subsequent preliminary plat application. Access to the site is anticipated to be primarily from Brooklyn Boulevard with 63rd Avenue being a secondary access. B -612 curb and gutter is to be provided around all driving and parking areas. No curb will be provided at the front entrance to the Rainbow store to allow easier grocery cart maneuverability. Minimum stall widths and depths are provided as well as appropriate drive -way widths. It is recommended that the plan be modified to provide a continuous curb and gutter barrier around the northeast corner of the drug /pharmacy building where the drive lanes are located. Allowing openings at this corner and halfway down the drive lane could cause potential traffic safety problems in this particular portion of the site. The site plan calls for a 35 ft. buffer /setback area where this site abuts with the residential property to the north. A 35 ft. buffer is required where R -1 property abuts • 6 -27 -96 Page 2 C -2 property at a property line. No extraordinary buffer setback area is required where • C -2 property abuts multiple residential property at a property line. Screened fencing is also required where residential property abuts with C -2 zoned property. The applicant proposes to continue to provide no screening other than some landscaping where the property abuts with the Garden City Elementary site. There is a chain link fence located in this area which apparently belongs to the school. Because the property is an institutional type use of R -1 property, we see no reason to require screening in this area. A six foot high opaque fence is provided and will continue where this property abuts with the multiple residentially zoned property. Some maintenance of this fencing and painting or staining would be in order. Again a 35 ft. setback area between the drive -lane and the north property line is carried around the north portion of the store. An existing five foot brick wall is provided all along the east side of the site by Beard Avenue. The applicant proposes to continue this brick wall treatment filling it in where there is an opening by O'Henry Road. Maintenance and repair of this brick wall are necessary and are comprehended by the applicant. GRADING /DRAINAGE /UTILITIES The drainage plan proposes dividing the site roughly into three drainage areas. Part of the parking lot, drive lanes, loading area and roof of the Rainbow building located on the easterly half of the site will drain via on -site storm sewer into a proposed ponding area identified as 'pond B' located in the back of the Rainbow store and west of the brick screen wall. This pond will be a dry holding pond to contain water after rainfalls and snow melt until it can be appropriately conveyed into the storm sewer system. The southwesterly portion of the site will drain via storm sewer into a proposed ponding area identified as `pond A', located along Brooklyn Boulevard between 63rd Avenue and the south Brooklyn Boulevard access to the site. This is proposed to be a wet pond which will have water in it at all times. The northwesterly part of the site will provide some drainage to 'pond A' as well as tie into storm sewer leading off the site to the north. This drainage system is designed in such a way to keep water in `pond A'. One concern we have, as well as the applicant, is that this wet pond be an amenity to the site. It might be appropriate to have an aerator or bubbler in the pond so that the water does not become stagnate. This site is over five acres which will require review and approval by the Shingle Creek Watershed Management Commission of the storm water plan for this property. This should go before that group at their July 11, 1996 meeting. The finished floor elevation for the Rainbow building is 864 ft., with the other buildings being at 861 ft. A new eight inch water Fine will be provided from the 63rd Avenue water main. This will be carried through the site and tied into an existing six inch water main located in Beard • 6 -27 -96 Page 3 • Avenue at the northeast corner of the site. Service lines from this water line will be tied into the buildings. The old water line on the site will be abandoned at the main when the new utility is constructed. The new buildings will utilize the existing sanitary sewer service which ties into the sewer main in Brooklyn Boulevard. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This approximate 15 acre site requires 840 landscape a oints. T p p he applicant's proposal is to retain as much existing landscaping as possible and to supplement this landscaping with new landscaping which will provide a total of 888 landscape points (376 existing points and 512 points for new landscaping). For the most part the perimeter of the site is well landscaped with the possible exception of the green strip along Brooklyn Boulevard. The landscaping along Beard Avenue between the right -of -way area and the brick screen wall is well maintained. All of the existing trees in that area will remain, which amounts to 13 shade trees and six coniferous trees. Along the north side of the site the applicant proposes to retain three existing shade trees and provide four new Patmore Ash trees and ten Colorado Spruce. Along he Brooklyn ookiyn Boulevard green strip they will retain seven existing shade trees, three south of the southerly ;access and four north of the southerly access. Six new Colorado Spruce, five ft. in height will be planted around a berm to be provided to assist • in screening the parking lot for the drug /pharmacy building. Five Colorado Blue Spruce will be provided, three on the north and two on the south of the southerly access into the site. Along the 63rd Avenue green strip the applicant proposes to retain eight existing shade trees and the existing hedge row which provides good screening of the parking lot from the residential property to the south. Eleven new Colorado Spruce will be interspersed along this green strip area and eight more Colorado Spruce will be planted on a large berm area to be created easterly of the far east access to the site. Again, this berm is to provide screening of the loading dock and back end of the Rainbow store. Seven Colorado Spruce are also indicated* along a green strip leading into the site from the 63rd Avenue access. Additional Patmore Ash (nine) are provided at various locations in the parking lot on large island end areas. Six Spring Snowcrab Apple trees are provided, three on each side of the entrance to the Rainbow store. Various island area plantings are also proposed including Red Twig Dogwood and A.W.Spirea. Existing landscaping amounts to 376 points with new landscaping amounting to 512 points for a total of 888 landscape points for this site. Sod will be provided around the areas where noted and underground irrigation will be provided to assure maintenance of landscaped areas. BUILDING The building exterior for the Rainbow building is primarily brick of two types. The lower • 6 -27 -96 Page 4 brick is listed as 'brick type one' and is midnight black in color. It is located around the • base of the building. The main brick is listed as 'brick type two', which is tumbleweed in color and is carried around the entire building. The main entrance features a prefinished metal fascia, which is yellow in color and is set out over the main entrance to the building. This fascia is supported by columns, which have a concrete base and are covered with an anodized aluminum metal colored black to match the anodized aluminum metal frames for the windows and doors. A synthetic stucco bowed wall extends out over the canopy area and projects above the parapet wall. This is a "rainbow green" color and contains the Rainbow Foods sign. We have indicated to the applicant that there is a need to provide an enclosure consistent with other buildings throughout the city in order to consider the green stucco area, a wall for purposes of signery. Otherwise, the treatment would be considered a projection above the roof area for purposes of a sign and thus a roof sign, which only can be permitted in lieu of other permitted freestanding signs. The applicant has indicate they will comply with our interpretations of the sign ordinance and make this a wall structure. A loading facility is provided to the rear of the site with facilities for up to three trucks. An approximate 14 ff. high screen fence is used to screen this depressed loading area. It is assumed that trash facilities will be located in this area as well. The exterior of the drug /pharmacy building is to be face brick with a synthetic plaster upper band. The building will have asphalt shingles that will be exposed. This facility contains a drive -up pharmacy pick up area along the easterly side of the building. It is • not anticipated that there will be long lines for pharmacy pick up and this should not create any congestion on the site, however, as we have indicated previously, the openings at the east and northeast portions of the site should be closed so as to avoid any potential traffic hazards in this location. The exterior for the video building is also brick to match the brick of the Rainbow store with a dark base and light colored upper. The west and north elevations of the building are primarily glass. This building will take advantage of providing neon accenting along with wording to provide wall signage for this building. This will have to be in compliance with the limitation of up to 15 percent of the wall area being allowed in signery. It appears that it will comply with the City's Sign Ordinance, however, that is not part of the site and building plan approval process. LIGHTING/TRASH The applicant has submitted a lighting plan indicating compliance with the City Ordinances. They propose to have cut off holophane lights on both 40 ft. and 30 ft. high light standards. The 40 ft. light standards would be located in the central portion of the parking lot, some of which would provide flood lights to illuminate the face of the Rainbow building. The 30 ft. high standards are located primarily on the perimeters at 6 -27 -96 Page 5 the northwest and south portions of the site. These would also be cut -off type lights to • direct light onto the site and not produce light glare. They also propose to provide wall mounted lighting around the northeast and south portions of the Rainbow building. The photometric plan supplied indicates that the lighting does not exceed the foot candles authorized by Section 35 -712 at the property lines. Our primary concern is that the lights not create glare off -site and that they be appropriately shielded to concentrate light on the property and not spill over causing annoyance to neighboring property. With respect to trash facilities, they would be provided to the rear of the Rainbow building nd potential P liquor store site and would r q d be screened. A trash facility is indicated on the south side of the Hollywood Video building and on the north side of the drug /pharmacy building. The screening enclosures would be of the same building materials as that proposed for the buildings. RECOMMENDATION Altogether the plans appear to be in order and this proposal seems to be in keeping with community expressed need for a grocery facility. Approval is recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval b PP Y the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop or on ground mechanical equipment shall be appropriately screened from view. 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. • 6 -27 -96 Page 6 8. B -612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area where this may be waived to assist grocery cart maneuverability. 9. The applicant shall submit an as -built survey of the properly, improvements and utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. The storm water drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance or permits. 13. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building • permits. 14. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 15. The plans shall be modified to provide an extension of the concrete delineators to the north and east of the drive -up lane for the drug /pharmacy building. 6 -27 -96 Page 7 I N, NO �C 1 c �'•° Al =`t� \��\ \�' \ \��\ \�•:, \� � II1A - ) A 1 _FREE►Ar un YE N _ rN • 34Y 3(UW -S - - •� R - 4� �q1fS AVE. - - -•- - - �� r iENill1 ; i g JJf_l.. (J URI] _ S A VE. 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I�� . • s �! . r1��1�J� �; 7_... -. .. ._..— ,_,. -• - -'� �'' `"n ---:- I I l � 1 1 • �"cU1cFt twl ' } � I 1 ' 11! 1 �LCCiQ?f'C � I 1 e � I 1 ' • Y \ ~o � ~w -_— _ -__ —.. _ PRELIMINARY FLOOR PLAN — I / affffn J DRVU ( w N — fl N f s . w5op s.r. w Li LIQUOR ffHfNff -� -- F ,u.000 sr. GARY D. NELSON - - MuSKA ELECTRIC CO. 1985 OAKCREST AVENUE ------------- ROSEVILLE, MN 55113 -- (612.) 63615820 '� p �• 84 • ... ... w. w. ,.. ... ... b. ... 1.J ... ... ... IA ... ... IJ 11 ].♦ IJ Id �� .A tJ' .., ... �.. 6w Lt :... ... .. .:. ... ... i.. ... _ ' 'N. nuidiffl' .. . J.....' 1 11 ftl!'f!13�Y - • .. ti .. . .I w1 ..r .n ... wi... •n •• r...! i. Irs .wrliA '_ '•'.� -, •. 11,011!. ,. .I ... ... ... ... ..J ..• ..• M .. ... ... 'A r.. N •. ... w. 1.. . iwr .wt 1•A .. 1 mw Ifl. qlngrt �, .. HNQ.1' ..1 ...... �.... ... ... ►. ... 1.. ► ..• WN0St. IV 1 _ .. .. •.r .• J. a.. � _._» ... A 1.. 1.. .: 1 0 GARY 0. NELSON F1XIURE SCHEDULE MUSKA ELECTRIC CO. 1985 ©AKCREST AVENUE ps Ia.a�«K V�f Tw �ft . fn+ Yom N 14tf.M11L I.Iff1 .V 0" 1" ' N W1, 1. N Y111 .1.Ni1NL INN M fLM NI.tAWWAI( KW JM[ ROSEVILLE, PAN 55113 51 F n wir wes 'Son as - Q W f $ /n OI�IY.t INR PI.Jf1V IIJIf Ih0.l /NV M (612) 636.5= • NIEMORAiNDUPY1 DATE: June 26, 1996 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, City Engineer SUBJECT: PROPOSED RAINBOW FOODS SITE DEVELOPMENT PLAN (Brooklyn Boulevard at 63rd Avenue North) A review of the proposed site grading and utility plan has been conducted. The plans reviewed were received by the City on June 14, 1996, and re ared b a combination of p p y the following firms: Landform Engineering Company, Walsh Bishop Associates, and Egan Field Nowak, Inc. Surveyors. The following review comments are offered. 1. The existing site has served in several different capacities throughout its history. In general, the overall proposal is similar to past uses of the site in terms of access to adjacent streets, and the amount of storm water runoff to be generated. These can be further discussed as follows: A. Drainage and Runoff - Because the current site exists almost totally as a hard surfaced impervious area, no increase in the amount of storm water runoff is expected. However, the Shingle t Creek Watershed Commission requires storm water retention facilities (ponds) for the purpose of treatment of the runoff, and must be established for site developments /redevelopments over 5 acres in size. The area of this particular site is slightly less than 15 acres. The grading and drainage plan submitted by Landform Engineering provides two ponding locations on the site: one at the southwest comer of the site(Pond A) and the other along the eastern boundary of the property (Pond B). The ponds will provide significant storm water management improvements to the existing site, from both storm water quality (treatment) and quantity control aspects. However, the following concerns rns have been expressed, and the applicant is currently working to address them: 1. The drainage plan as presented proposes to drain approximately two thirds of the site to the treatment ponds. However the Shingle Creek Watershed Commission Policy is to provide full treatment for the entire site. At this time, Landform Engineering is working with the Watershed District Engineer to revise the drainage scheme accordingly to meet appropriate requirements and policies. 2. The depth of Pond A and the possible lack of circulation may produce some aesthetic concerns. The applicant has proposed a pond liner to enhance rtainage of water. However, an appropriate circulation device may warrant consideration, in conjunction with the pond's design for treatment of storm water. • It is expected that the Shingle Creek Watershed Commission will be considering the plan for approval at their July 11, 1996 meeting. • During the review process, staff has analyzed the potential impact of site drainage improvements to the City's surrounding storm sewer system. Much of the existing system is deficient in handling storm water from significantly large rainfall events. Because existing runoff from the site will now be retained under the proposed plan, this will provide at least some additional relief for the City's current system. In addition, Pond B may potentially be sized to accommodate additional runoff beyond the site itself. It is recommended that an easement and /or agreement be developed with the property owner to enable the City to potentially utilize Pond B for future street and drainage improvements in the adjacent area. B. Driveways and Access - The primary access to the proposed site utilizes existing driveway openings to both 63rd Avenue North and Brooklyn Boulevard. Some widening and adjustments to these driveways are also proposed. Hennepin County is currently reviewing the proposed site plan and its relation to Brooklyn Boulevard (County State Aid Highway 152). C. Traffic Generation and Impacts - A traffic stud of the proposed site has been Y P P n conducted by the firm of Short, Elliott, Hendrickson, Inc. (SEH). In summary the study concludes that the traffic m volumes generated by the site will not significantly impact the adjacent street system. The proposed site will generate additional trip generations from the current site condition, particularly during peak hours. Trip generations at various access points, and potential turning movement conflict frequencies have also been analyzed. On -site circulation is adequate. Some traffic circulation concerns around the proposed drug store have also been expressed.' Discussions with the site engineer have suggested some adjustments to the proposed curb and striping to alleviate this concern. 2. Other Comments A. The plan proposes to utilize onions of existing P p s irg sanitary sewer services whale abandoning others and constructing new lines. A new looped water system for domestic service and fire protection has also been proposed. Removal of existing utility services, either during building demolition, or at the time of new construction should be coordinated appropriately. Hydrant locations should be confirmed with the Fire Chief. In summary, existing City utilities are available and adequate to serve this site. B. Submittal of an operation and maintenance plan which will maintain outlet controls and permanent pools in the storm water treatment onds should be provided. The 1 orated into p pan should be incorporated a utility n ry maintenance agreement that assures that designated operation and maintenance procedures will be faithfully executed. Easements should also be granted over ponding areas and other hydrologic/hydraulic features. C. Some discrepancies regarding the location a P S g on and size of existing water mains under 63rd and Beard Avenues, and parking lot curbing and striping have been brought to b the site engineer's attention. The plans are currently being revised and adjusted accordingly. D. Because no sub - surface information has been provided. no geotechnical related comments are available at this time. • • MINUTES OF THE PROCEEDINGS OF THE PLANNING CONSIISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF INUNNESOTA STUDY SESSION JUNE 27, 1996 CALL TO ORDER The Planning Commission study session was called to order by Chair Willson at 7:35 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Donald Booth, Robert Mickelson, and Dianne Reem were present. Also present were Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Holmes entered the meeting at 7:40 p.m. Commissioner Palm did not attend. APPROVAL OF T11VS - JUNE 13 1996 There was a motion by Commissioner Booth seconded by Commissioner Reem to approve the minutes of the June 13, 1996 minutes as submitted. The motion passed unanimously. Commissioner • Mickelson abstained from voting. CHAIRPERSONS EXPLANATION Chair Willson explained the Planning Commission's role. as an advisory body. One of the o ' C mrrussron 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 96008 Chair Willson introduced Application No. 96008, a request from Oppidan Investment Company, Mnneapolis, for site and building lan approval to redevelop property located northeasterly of the P PP P P PAY Y intersection of 63rd and Brooklyn Boulevard. After demolition of the existing building, 3 new retail buildings totaling 102,000 square feet will be constructed. The complex includes a 78,500 square foot building for the principal tenant, Rainbow Foods to occupy 68,500 square feet; a 9,600 $q uare foot building to house Hollywood Video and Great Clips; and a 13,905 square foot Walgreen drugstore building. 10,000 square feet of retail space in the food store is not allocated pending study of possible relocation of the City's liquor store. The Secretary presented the staff report and used overhead transparencies to. show the location and site and building plans for the proposed complex (See details in Planning Commission Information Sheet for Application No. 96008 dated 6 -27 -96 which is attached). During the presentation, the • Secretary referenced the City Engineer's June 26, 1996 report reviewing the proposed site and 6 -27 -96 1 • Bing plan for this Application and noted the Shingle Creek Watershed Commission will consider the Applicant's plan at its July 11 meeting. The staff recommends approval of the proposal submitted by Oppidan Investment Company subject to the conditions outlined in the staff report. Mr. Warren noted this proposal does not require any special use permits, no variances are requested, and that a public hearing is not required. Chair Willson called for questions from the Commission members. Commissioner Reem expressed concern that the access on 63rd Avenue that has been realigned to intersect with Chowen Avenue could become an optional truck service route and customer cut- through street. This additional traffic could jeopardize safety in that residential area. Mr. Warren explained the staff analysis of the options and the rationale for realignment of that access. This realignment to intersect with an existing street is accepted practice, will accommodate berming, landscaping and a pond on the easterly side of the food store, and will facilitate the Applicant's proposed semi -truck delivery route to the food store loading dock on the east side. Based on study of the anticipated traffic flow, it is not expected that this realignment will result in additional traffic on Chowen Avenue. Mr. Dennis Crowe, representing Rainbow Foods, provided additional details regarding the plans for the store, including semi -truck delivery routes and times. Mr. Joe Ryan, representing Oppidan • Investment Company, provided further details regarding the plans for the complex. Improvements to the redesigned Brooklyn Boulevard right in/right out access were discussed: Commissioner Boeck suggested that the access be "softened" and that right turn lanes be constructed at that access to facilitate smoother and safer traffic flow on to Brooklyn Boulevard. Further issues considered included other traffic patterns, hours of operation of the various retail facilities, addition of a pedestrian access at the northeast comer of the property, and the status of tenant commitments. The Commissioners did not interpose any objections to the plans presented by the Applicant. Questions and concerns were expressed pertaining to the 2 water treatment ponds to be constructed on the site in connection with the Applicant's drainage improvement plans. The Commissioners recommended installation of an aerator in the "wet" pond (pond A) to prevent stagnation of the water. Mr. Doren Lazan, representing Landform Engineering Company, Wayzata, responded to Commissioners' concerns and questions regarding the ponds and provided details of the drainage improvement plans. The Commissioners agreed to defer to the Watershed Commission and City Engineer's review and • subsequent approval of the drainage plans as provided in conditions 2 and 12 of the staff report. 6 -27 -96 2 Chair Willson requested that comments from residents in attendance be permitted. The • Commissioners concurred. Ms. K. Shusta, 6337 Indiana Avenue North, supported the Chowen Avenue intersect with the 63rd Avenue access to the complex and stated the development will be an asset to the community. Ms. D. Iverson, 2006 Ericon Drive, supported the Chowen Avenue intersect with the 63rd Avenue access to the complex, questioned plans for pond B and its long -range status, and expressed enthusiasm for the proposed development plans. Mr. T. Paulson, 3216 Poe Road, suggested that pedestrian access from the northeast corner of the site be provided and that appropriate pedestrian access and sidewalks and informational signage be included in the complex. He stated the redevelopment is strongly supported by the community. ACTION RECO ING PROVAL OF APPLICATION NO 96008 There was a motion by Commissioner Reem, seconded by Commissioner Boeck that condition 16 be added to the approval of Application No. 96008 to provide a pedestrian access to the complex from the northeast corner of the r 0 p The motion on passed unanimously. There was a motion, by Commissioner Booth, seconded by Commissioner Reem to approve Application No. 96008, submitted by Oppidan Investment Company, subject to the following conditions' • 1 • The boil ding plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2• Grading, drainage and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on, cost estimates shall be submitted prior to the issuance of permits to assure the completion of site improvements. 4 . Any outside trash disposal facilities and rooftop r on shall be appropriately screened from view. p °und mechanical equipment 5. The buildings are to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6 An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. • 7. plan approval is exclusive of all signery which is subject to Chapter 34 of the Ci Ordinances. tY 6 -27 -96 3 • 8. B-612 curb and gutter shall be provided around all parking and driving areas with the exception of the front entrance area where this may be waived to assist grocery cart maneuverability. 9. The applicant shall submit an as -built survey of the property, improvement sand utility service lines prior to the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of permits. 11. The applicant shall provide appropriate erosion and sediment control devices on the site during construction as approved by the City Engineering Department. 12. The storm water drainage system shall be approved by the Shingle Creek Watershed Management g Commission poor to the issuance of permits. 13. Ponding areas required as part of the storm drainage plan shall be protected by an approved easement. The easement document shall be executed and filed with Hennepin County prior to the issuance of building permits. 14. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. I5. The fans shall be P modified to provide an extension of the concrete delineators to the north and east of the drive -up lane for the drug/pharmacy building 16. The plans shall be modified to provide a pedestrian access to the site from the northeast comer of the property. Voting in favor; Chair Willson, Commissioners Boeck, Booth, Holmes, Mickelson, and Reem. The motion passed unanimously. The Council will consider the recommendation at its July 8 meeting. The applicant must be resent. Mayor changes t P J g o the application as reviewed by the Commissioners will require that the application be returned to the Commission for re- consideration. OTHER BUSINESS Chair Willson and Secretary Warren will work together to notify the Mayor of a vacant position on the Planning Commission and request that the position be filled. The Commission's next meeting will be on July 11, 1996. The agenda includes consideration of proposed new projects in the City. • Commissioner Holmes notified the Commissioners and the Secretary that he will be absent from the July 11 and July 27 Commission meetings. 6 -27 -96 4 A.DMLJ �1 • There was a motion by Commissioner Boeck seconded by Commissioner Mickelson to adjourn the Planning Commission meeting. The motion passed unanimously, The meeting adjourned at 9:55 p.m. I Chairperson Recorded and transcribed by: Arlene Bergfalk TimeSaver Off Site Secretarial • 6 -27 -96 5 9� PROCLAMATION i DECLARING AUGUST 2 AND 3, 1996, AS RELAY FOR LIFE DAYS IN BROOKLYN CENTER WHEREAS, approximately 22,200 Minnesotans will be diagnosed with cancer this year; and WHEREAS, the American Cancer Society assists persons living with cancer through service outreach; and WHEREAS, the American Cancer Society funds research that provides treatment for cancer patients; and WHEREAS, the American Cancer Society's Relay for Life celebrates life and cancer survivorship; and WHEREAS, the Relay for Life is a community-based fund raising event to be held in Brooklyn Center. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim August 2 and 3, 1996, as Relay for Life Days in Brooklyn Center. Date Mayor Attest: City Clerk • • BROOKLYN CENTER 1996 RELAY FOR LIFE EVENT Walk/Run to raise money for the American Cancer Society, Hennepin Unit. WHEN and' WHERE Beginning at 6:00 p.m. on August 2nd and ending at 6:00 p.m. on August 3rd at Brooklyn Center High School WHO Teams of 10 members take turns walking during the 24 hour event. Teams are made up of fellow employees, family members, organizations, or neighborhoods. Individuals and groups smaller than teams may also participate. . T -SHIRTS Each team member will receive a Relay for Life T -shirt. FOOD Plenty of free food for team participants. ENTERTAINI[ENT Live bands, line dancing, and other entertainment throughout the event. OVERNIGHT Team members may bring RV's or pitch tents and stay all night ACCOMMODATIONS (a huge slumber party!). Staying overnight and meeting new people are two reasons for participating. LUMINARIES The small bags with lit candles honor /memorialize friends, family, neighbors and co- workers who have battled cancer. The names of the honorees are written on the outside of the bags and serve as a reminder of why we are committed to the fight against cancer. The "Lights of Life" are available individually for a $5.00 minimum donation. A lighting ceremony will take place starting at 8 :00 p.m.. BENEFITS L It's fun! 2. It brings people together - can be used as a staff development event! 3. A huge fund raiser for a great cause! CONTACT Gene at 566 -6946 or Rich at 566 -8398 to find out how you can join the fun! REL AY'!! A 24 -Hour VIM Walkin Runnzn Relay that Benefits 91 the American A TEAM EVENT TO Cancer.Societ F fGHT CANCER Brooklyn Center/ Spring 1996 Mark your calendarsl You won't Who can participate? You can! What's in it for you? Along with want to miss the American Cancer It doesn't matter if you're young or a lot of exercise, you'll have a great Society's Relay For Life, August old, trained athlete or casual time with your teammates and 2 & 3. This 24 -hour relay is as walker. Anyone who wants to other teams. We promise lots of much a community get - together as have fun and support the Ameri food, a t - shirt designating our g gY it is a sporting event which raises can Cancer Society invited memories ty s inv ted to commitment g ones and money to help fight cancer, cel- participate. knowing that you helped a very ebrates survivorship, and empha- worthwhile cause are just a few of sizes the American Cancer ' When & Where? Brooklyn Center the things you will take away from 4o'm ety's commitment to the Relay For Life '96 will begin at your Relay For Life '96 experience. munity through education, 6:OOpm on Friday, August 2nd at service, and research. the Brooklyn n Center High School drool Join usi Par t i cipating g is ea Just w track located at 6500 Humboldt ask 8 -12 of your friends, Teams consisting of 8 -12 members Ave. N. Relay For Life '96 will make workmates, or fellow club mem- will take turns circling the track its final lap at 6:00 pm on Saturday, bers to be part of your team. For with at least one team member on August 3rd. more information, the track at all times. It doesn't call Gene H g a eman at 566 -6946 or matter if you run, walk, skip, roll, or How does the American Cancer Jo Mills at 561 -8460. hop - just keep moving! Along Society benefit? Each participat- with 24 hours of continuous ing team is asked to raise $1,000. motion on the track, you'll be a This money, in its entirety, will be ._ part of continuous free commotion turned over to the American SAY up all night to "off the track" including camping Cancer Society to carry out the Join the fight against out, entertainment, music, karaoke, mission of eliminating cancer. All volt b I ey a I &other games as well as money raised will make a direct cancer and enjoy our food aplenty. iml�st towards the fight against gi gantic party', cancer in the Hennepin County area. Sign Up Today and He Us Night Cancer. , X ulk of Courage A The first lap of the Relay For life '96 >.� AMERICAN will be dedicated to those who �E � MR have experienced cancer and " � survived. If you are a cancer survi- SOCIETY vor and would like to walk or run the first lap, please call the Ameri- The American Cancer Society, can Cancer Society at 925 -6323 for founded in 1913, is one of the more information. We salute your oldest and largest voluntary health courage in the fight against cancer! organizations in the united States, Light of Hope with 2.5 million Americans who are luminaries are special to the dedicated to the control and American Cancer Society because eradication of cancer. Their mis Did you know they represent the light of hope. A * sion is to c There are over 10 million co nquer cancer through u v q h o h ery special ceremony will be held balanced programs of research, Americans alive today who have a on Friday evening, August 2nd. education, patient services and history of cancer. Hundreds of luminaries will be lit . rehabilitation. simultaneously around the track in * The Lifetime r isk of developing memory of those loved ones who cancer in the U.S. is 1 in 2 for men have died from cancer or in honor and 1 in 3 for women. of those who have survived. Call Incentive Awards Gene Hageman at 566 -6946 or Jo This year's incentives for individuals are: * Approximately 1,359,150 new Mills at 561 -8460 for more informa $200 - Choice of one; cases of cancer will be reported in tion. -RFL cap or Minnesota in 1996. -MN Div. ACS Cookbook $350 - RFL Club Bag (22" x12" x11 ") * The survival rate for all cancers is A special pork chop dinner $500 - RFL Sweatshirt 56 9 in 1930, it was less than 20 1 1 1 6y. $750 - RFL Jacket will be served on Sat. from $1,000 - RFL Warm -up Suit * The American Cancer Society has 12 -1 pm for team invested more than $1.5 billion in participants & sponsors. cancer research. Volunteers RELAY" Event History In 1985 Gordon Klatt doctor and Needed! 0 1 , , cancer survivor, ran and walked for Many volunteers will be needed to A 24 hours and 81 miles on a track in make Relay For Life 1 96 a successful 9M Tacoma, Washington, and raised event. Enjoy a few hours filled In $27,000 for the American Cancer with fun, warm hearts and lots of A TEAM EVENT TO Societ Since then conti uous smiles. If you are interested in FIGHT CANCER running/walking events have been volunteering your time and talents ® held in over 20 states throughout to Relay For Life '96, please contact For eneral inform the country. Relay For Life '96 is ene Ha ema g information on any of g n at 566-6946 or Jo the American Cancer Society the only event of its kind to be Ills at 561 -8460. Your help will held in the Minneapolis area. Be a events or volunteering oportunities, make a difference! part of it! .please call 925 -2772. 96 • MEMORANDUM DATE: April 11, 1996 TO: Michael McCauley FROM: Jim Glasoe SUBJECT: Resolution A roving Cost Participation in the Replacement of Playground Equipment at Garden City School As you may have become aware, the playground equipment at Garden City school has been an increasing topic of conversation the past few years. Although it was probably the height of industry design when it was installed, its timber and tire construction has now become a safety hazard, a maintenance nightmare and unattractive to say the least. The timbers are rotted, cracked and splintered. The ropes frayed and unsightly and the tires are ... well tires. Although this structure is not technically on city property, it is directly adjacent to Brooklane Park and serves as the playground equipment for that park. With that in mind, and the fact that the city has been involved with two other joint school district/city projects (Willow Lane and Evergreen), I initiated communication with Ron Leuhmann, the Principal at Garden City. My intent was to find out if the school district had any plans to replace the equipment, and if so when. I also indicated that, as the park is adjacent to Brooklane, the City might be willing to consider some financial assistance in replacement of the equipment. Principal Leuhmann indicated his desire was to have the equipment replaced during the summer of 1996, and that he had already made a request of the district's capital improvements fund, that would be considered in January of 1996. In late February, Ron contacted me and shared the outcome of his capital request. The district agreed to fund $10,000 of the $20,000 project, the PTO would donate $5,000 toward the equipment and he was looking for city support to make up the $5,000 difference. At their December 11, 1995 meeting, the City Council approved Capital Improvements funding for playground equipment replacement, ice rink lighting and tennis court renovation. Funding was based upon estimates provided by qualified vendors. Bids were subsequently requested for the above products, and the total expenditures for the projects came in $7,000 under these initial estimates. A portion of this excess allocation could be used to participate in funding of the Garden City playground project. If the Council is willing to reallocate the $5,000 requested by the school district, staff believes • it is wise for the City to negotiate an agreement with the school district spelling out the terms of the city's participation in the project. Because the equipment replacement would be jointly • funded, but located on district property, it is important to clarify up -front who will assume risk management responsibilities. As similar agreements have been negotiated for similar projects, it is assumed that an agreement can be written that is acceptable to both parties. e • Member introduced the following resolution and moved its adoption: • RESOLUTION NO. RESOLUTION APPROVING COST PARTICIPATION IN THE REPLACEMENT OF PLAYGROUND EQUIPMENT AT GARDEN CITY SCHOOL WHEREAS, it has been established that the playground equipment at Garden City School is in need of replacement; and WHEREAS, this equipment is immediately adjacent to Brooklane Park and serves as the playground equipment for this park; and WHEREAS, the Garden City School administration has secured funding from the Osseo School District and the Garden City PTO; and WHEREAS, the school district is seeking city participation of $5,000 towards the cost of this replacement; and WHEREAS, staff believes it is wise for the City to negotiate an agreement with the school district spelling out the terms of the city's participation in the project. Minnesota that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, 1. $5,000 is allocated from the Capital Improvements Fund for replacement of playground • equipment at Garden City School. 2. Said allocation is subject to the execution of a cooperative agreement between the City and School District #279. 3. The City Manger and City Attorney are hereby authorized to prepare and execute said agreement, provided they are satisfied it is in the best interest of the City. Date Mavor 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. s • �C MEMORANDUM • O: T Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Michael J. McCauley, City Manager DATE: July 3, 1996 SUBJECT: Set Date for Council Work Session for July 22, 1996, at 6 p.m. Council will meet at 6 p.m. at the administrative offices of the Earle Brown Heritage Center to tour facilities prior to the regularly scheduled 7 p.m. Council meeting in the City Hall Council Chambers. i qd Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION REGARDING APPOINTMENT OF CITY EMPLOYEES TO CITY BOARDS AND COMMISSIONS WHEREAS, Section 2.02 of the Brooklyn Center City Charter provides that the City Council may establish boards or commissions to advise the Council with respect to any Y municipal function or activity, to investigate any subject of interest of the City, or to perform quasi-judicial functions; and WHEREAS, several such commissions have been established by resolution of the City Council; and WHEREAS, the Council has determined that it is in the best interest of the City that members of such commissions exercise independent judgment and be free from influences resulting from the duties and responsibilities of City employees; and WHEREAS, it is more consistent with the Council /Manager form of government established by City Charter and the orderly administration of City government if employees who are subject to the management and control of the City Manager do not also serve in the capacity of advisors to the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following policy is established ' for appointment to boards and commissions of the City: 1. This policy shall apply to the following boards and commissions of the City: a. the Financial Commission; b. the Housing Commission; C. the Human Rights and Resources Commission; d. the Park and Recreation Commission; e. the Planning Commission; f. the Ad Hoc Communications Task Force; and g. any other board or commission heretofore or hereafter created which is made subject to this policy by resolution of the Council. 2. Except as otherwise provided in paragraph 4, this policy shall apply to the following persons: a. all regular full -time, regular part-time, temporary full - time, and temporary part-time employees whether or not covered by a formal labor contract with • the City; b. the City Manager; and C. volunteer members of the fire department. RESOLUTION NO. 3. No person identified in paragraph 2 of this policy shall be appointed to any board or commission identified in paragraph 1. Upon acceptance of any position listed in paragraph 2, by any person then serving on any City board or commission listed in paragraph 1, shall be deemed a resignation without any other act on the part of such member and such member's position on such board or commission shall be deemed vacant. Any such person who is a member of any such commission at the time of adoption of this resolution shall be permitted to serve out the balance of his /her current appointment. To the extent of any inconsistency between this resolution and the provisions of any prior resolution establishing specified terms for members of commissions, such provisions of prior resolutions are superseded. 4. The provisions of paragraph 3 shall not apply to the following: a. persons serving as non - voting liaison or staff support to boards or commissions by appointment of the City Manager; and b. non- voting ex- officio members serving on boards or commissions by reason of their employment positions with the City. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. i • City of Brooklyn Center A great place to start. A great place to stay. • MEMORANDUM TO: Mayor Mvrna Kracness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann Councilmember Charles F. Nichols, Sr. FROM: Michael J. McCauley, City Manager DATE: June 5, 1996 SUBJECT: Financial Commission Recommendation for City Council Salaries Attached for your consideration is a proposed ordinance that would implement the Financial Commission recommendations for City. Council salaries in 1997 and 1993. To summarize the Financial Commission's recommendations, the Commission's basic policy goal is to have the City • Council salaries for Brooklyn Center at the median of Council salaries for cities in the metropolitan area within 10,000 population of Brooklyn Center. In order for City Council salaries to be changed, the City Council must, by ordinance, s et salaries prior to the next general election. The Financial Commission's report is merely a recommendation and the ultimate decision with respect to whether salaries should be increased or the amount of an increase is solely in the discretion of the City Council. { • 6301 Shingle Creek Pkwy, Brooklyn Center, off 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1996, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle • Creek Parkway, to consider An Ordinance Amending Ordinance No. 94 -12 Regarding Council Salaries for 1997 -1998. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE. NO. AN ORDINANCE AMENDING ORDINANCE NO. 94 -12 REGARDING COUNCIL SALARIES FOR 1997 -1998 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1 City of Brooklyn Center Ordinance No. 94 -12, which amended the amount of the annual salaries to be paid to the mayor and council members to become effective ' January 1, 1995, is hereby amended. Section 2. Effective January 1, 1997, the annual salary for council members shall be $6,165 and the annual salary for mayor shall be $8,015. Section 3. Effective January 1, 1998, the annual salary for council members shall be $6,335 and the annual salary for mayor shall be $8,235. Section 4. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1996. Mayor ATTEST: City Clerk Date of Publication ' Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.)