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HomeMy WebLinkAbout1996 03-25 CCP Regular Session • CITY COUNCIL AGENDA CITY TY OF BROOKLYN CENTER March 25, 1996 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Council Report 5. Presentation: -North Metro Mayors Association 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. March 11, 1996 - Regular Session 2. March 12, 1996- Special Session b. Proclamation Declaring April 20, 1996, to be a Day of Spiritual Rededication in Brooklyn Center C. Proclamation Declaring April 7, 1996, as World Health Day d. Resolution Approving Issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to Davidson Hotel Company, dba Hilton Hotel -The site location is 2200 Freeway Boulevard (currently Holiday Inn). e. Resolution Awarding Contracts for City Insurance Policies and Contracts for the Insurance Agent and Insurance Consultant for 1996 f. Resolution Awarding a Contract for Dental Insurance for City Employees g. Capital Outlay Resolutions CITY COUNCIL AGENDA -2- March 25, 1996 1. Resolution Accepting Bid, Amending the 1996 General Fund, and Central Garage Fund Budgets, and Authorizing the Purchase of One (1) Sidewalk Plow with Snow Blower and V -Plow 2. Resolution Amending the 1996 General Fund and Central Garage Budgets to Provide for the Repair of One Park Maintenance Dump Truck Box 3. Resolution Accepting Bid and Authorizing the Purchase of One (1) 72" Riding Mower h. An Ordinance Vacating Part of a Street Easement (James Circle North) in Registered Land Survey Number 1482, Hennepin County, Minnesota -This ordinance relates to Planning Commission Application Nos. 96003 and 96004, proposed Denny's Restaurant at 6415 James Circle, and is presented tonight for a first reading. i. Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1996 09, Contract 1996 -A, 1996 Sealcoat Program j Resolution Accepting Work Performed and Approving Final Payment, Improvement Project No. 1995 -20, Contract 1995 -J, Well #5 Annual Maintenance k. Resolution Accepting Work Performed, and Approving Final Payment, Improvement Project No. 1995 -18, New Electric Controls for Wells 5, 6, and 7 I. Resolution Establishing Parking Restrictions on 69th Avenue North between Shingle Creek Parkway and Dupont Avenue North m. Application from Earle Brown Elementary PTA for Authorization for an Exemption from Lawful Gambling License n. Licenses 7. Open Forum 8. Public Hearing a. An Ordinance Vacating Part of a Utility and Drainage Easement in Lot 1, Block 1, Brookdale Square 2nd Addition -This ordinance was first read on February 26, 1996, published in the City's official newspaper on March 6, 1996, and is offered this evening for a second reading and public hearing. • Requested Council Action: -Open the public hearing.. -Take public input. -Close the public hearing. - Motion to adopt ordinance. CITY COUNCIL AGENDA -3- March 25, 1996 9. Planning Commission Items a. Planning Commission Application No. 96002 submitted by Sunlite Properties. Request for a Planned Unit Development (PUD) amendment to build an approximate 69,000 sq. ft. office /industrial facility on a 6.25 acre site located west of Parkway Circle, north of the Holiday Inn. The Planning Commission recommended approval of this application at its February 14, 1996, meeting. 1. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land -This ordinance was first read on July 10, 1995, published in the City's official . newspaper on July 19, 1995, tabled on August 14, 1995, following the public hearing, and is offered this evening for adoption. • Requested Council Action: - Approve Planning Commission Application No. 96002 subject to the conditions as recommended by the Planning Commission. - Motion to adopt ordinance. 10. Council Consideration Items a. Set Date for Council Canvass of Special Election -Requested Council Action: -Set canvass date of special election as Wednesday, March 27, 1996, at 7 p.m. b. Mayoral Appointment of Commissioner to Serve on Park and Recreation Commission • Requested Council Action: -Mayor nominate one person to serve on Park and Recreation Commission. - Motion by Council to approve nomination. C. Resolution Releasing and Terminating a Parking Ramp Declaration -This resolution releases parking ramp agreement for Tracts A, B, and C of RLS 1564 and Tracts A, B, C, and G for RLS 1572. • Requested Council Action: -Adopt resolution. d. An Ordinance Amending Ordinance No. 95 -02 Extending the Moratorium on the Siting of Adult Establishments -This ordinance is offered for a first reading. • Requested Council Action: - Council discussion. - Motion to approve first reading of ordinance and schedule second reading and public hearing. 11. Adjournment CITY COUNCIL AGENDA -4- March 25, 1996 i EDA AGENDA CITY OF BROOKLYN CENTER March 25, 1996 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered onsilercd at the end of Commission Consideration Items. a. Approval of Minutes - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes 1. February 26, 1996 - Regular Session 4. Commission Consideration Items a. Resolution Approving Contract for Private Redevelopment with Sunlite Properties • Requested Commission Action: -Adopt resolution. 5. Adjournment 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 MARCH 11, 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, and Kristen Mann. Also present were City Manager Michael J. McCauley, Director of Public Services Diane Spector, Assistant City Manager Nancy Gohman, Community Development Specialist Tom Bublitz, City Attorney Charlie LeFevere, and Council Secretary Carla Wirth. OPENING CEREMONIES The invocation was offered by Dean Nyquist. COUNCIL REPORT Mayor Kragness reminded the Council regarding the special election to be held tomorrow, March 12, for the vacant Council seat and schedule for canvass and recount, if necessary. Mayor Kragness noted the Remodeling Fair to be held at the Brooklyn Center High School on March 16, 1996. APPROVAL OF AGENDA AND CONSENT AGENDA A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the March 11, 1996, agenda and consent agenda as printed passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve minutes of the February 26, 1996, Regular Session, and the February 26, 1996, Executive Session, as printed passed unanimously. RESOLUTION NO. 96 -50 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF A NEW STAFF CAR FOR THE POLICE DEPARTMENT 03/11/96 - 1 - The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. APPLICATION FROM JUNIOR ACHIEVEMENT OF THE UPPER MIDWEST FOR AUTHORIZATION FOR AN EXEMPTION FROM LAWFUL GAMBLING LICENSE A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the application from Junior Achievement of the Upper Midwest for authorization for an exemption from Lawful Gambling License passed unanimously. RESOLUTION NO. 96-51 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPOINTING FIRE CHIEF RON BOMAN AS EMERGENCY MANAGEMENT DIRECTOR AND POLICE CAPTAIN JOEL DOWNER AS EMERGENCY MANAGEMENT COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION N0.96 -52 Member Debra Hilstrom introduced the following esolution and moved its adoption: g P RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM JUNE 21 THROUGH JUNE 30, 1996 The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-53 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ALUMINUM SIGNS AND SIGN BLANKS FOR ANNUAL SIGN REPLACEMENT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-54 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE AND INSTALLATION OF ONE (1) FRONT SNOW PLOW, ONE (1) WING SNOW PLOW AND ACCESSORIES AND ONE (1) TAILGATE SANDER 03/11/96 -2- The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-55 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE AND INSTALLATION OF ONE (1) UNDERBODY BLADE, ONE (1) STROBE LIGHTING SYSTEM AND ONE (1) ROLL UP TARP SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-56 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) SANDER, ONE (1) UNDERBODY, ONE (1) FRONT SNOW PLOW AND ONE (1) HYDRAULIC SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-57 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NOS. 1996 -01, 02, AND 03, ORCHARD LANE EAST STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT 1996 -B The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. I RESOLUTION NO. 96 -58 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT PROJECT NO. 1996 -12, DISEASED TREE REMOVAL PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. • 03/11/96 -3- RESOLUTION NO. 96-59 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1994 -30, CONTRACT 1994 -G, 69TH AVENUE LANDSCAPING, PHASE II The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-60 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -05, 69TH AVENUE NORTH (SHINGLE CREEK PARKWAY TO DUPONT AVENUE NORTH) ROADWAY, BRIDGE REPLACEMENT, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT 1996 -C The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES A motion by Councilmember Hilstrom and seconded by Councilmember Mann to approve the following list of licenses passed unanimously: MECHANICAL SYSTEMS M & C Mechanical, Inc. 14189 -70th Street S. Master Gas Fitters, Inc. 2240 Shawnee Drive St. Marie Sheet Metal, Inc. 7940 Spring Lake Park Road RENTAL DWELLINGS Initial: Gary Nesseth 5919 Pearson Drive Wendy LaRock 6657 Xerxes Place North Renewal: Redevco- Marvin Garden Ltd. Marvin Garden Townhomes Eugene Hanauska 6538 Brooklyn Blvd. William and Linda Bjerke 3614 -16 50th Avenue North Valerie Blount 1316 68th Lane North Richard W. Sandeen 1706 71 st Avenue N. 03/11/96 -4- OPEN FORUM • Karl Ulrich, 5233 Drew Avenue N., reported that in December when it was 60 below zero, his water was disconnected for nonpayment of the bill. He reviewed the NSP cold weather policy where disconnections are not made due to nonpayment during winter months and expounded on the importance of water to quality of life. He stated as a result of the disconnection, a two foot hole was made in his yard in an attempt to locate the place to make the disconnection, and he has a $50 bill to repair a broken meter. Mr. Ulrich urged the Council to reconsider the proposal made months ago that would have provided homeowners and taxpayers, if they are unable to pay, to roll their utility bill into the taxes so they can maintain services during cold winter weather. He commented on the need to work together to make Brooklyn Center a better place and offered his assistance. Mayor Kragness stated the proposal mentioned was set aside for further study. She thanked Mr. Ulrich for his offer of help and indicated the Council would appreciate his input. PUBLIC HEARING ON PROPOSED USE OF 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The City Manager noted the prioritization of the Urban Hennepin County 1996 Community Development Block Grant (CDBG) program and staff s recommended action to spend funds pursuant to this plan until Council has fully reviewed the spending allocation at its April work session. A motion by Councilmember Hilstrom and seconded by Councilmember Mann to open the public hearing at 7:13 p.m. passed unanimously. Mark Neumann, HOME Line, the housing services of Community Action for Suburban Hennepin (CASH), reviewed advocacy services they provide for tenants, homeowners, and foreclosure prevention. He reviewed the number of Brooklyn Center residents who use their program and highlighted activities started in 1994 to expand home ownership opportunities by providing information on home maintenance and repair, assistance to get repairs done, and establishment of a loan fund. He invited the Council to attend the upcoming home purchase workshop. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to close the public hearing at 7:17 p.m. passed unanimously. RESOLUTION NO. 96-61 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROJECTED USE OF FUNDS FOR 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. • 03/11/96 -5 PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NOS 1994 -03 AND 04, 57TH AVENUE. HUMBOLDT TO CAMDEN AVENUES, STREET AND STORM DRAINAGE IMPROVEMENTS AND 1996-06.07. AND 08 LOGAN JAMES, AND KNOX AVENUES STORM DRAINAGE, AND UTILITY IMPROVEMENTS The Director of Public Services introduced the proposed project and noted 75% of streets within Brooklyn Center are beyond its useful life, resulting in the need to research whether it is financially feasible to continue maintenance or if the roadways should be reconstructed. She advised Brooklyn Center has invested $100 million in its infrastructure and utilities, and the Council, three years ago, recognized the need to reinvest in the community to maintain the infrastructure and also to remain competitive with other communities. She commented on the determination by the Council of whether to continue with patching and sealcoating activities, which do not extend the life of the roadway or provide a return on the investment, or to invest in reconstruction. The City Engineer provided a detailed presentation regarding Improvement Project Nos. 1994 -03 and 04, 57th Avenue, Humboldt to Camden Avenues, Street and Storm Drainage Improvements, and 1996 -06, 07, and 08, Logan, James, and Knox Avenues Storm Drainage, and Utility Improvements. He noted the total cost of the project is approximately $2.8 million and will be funded from a combination of MSA, special assessment for street and storm drainage utility improvements, government obligation (GO) bonds, storm drainage utility, water utility fund, and sanitary sewer utility fund. The Council's 1996 residential unit rate for street reconstruction is $1,850 per parcel and staff has not determined the exact storm sewer unit rate but estimate $600 to $1,000 per property. Councilmember Carmody questioned the future storm sewer alignment along 55th Avenue and how drainage will be addressed until it is constructed. The City Engineer explained there is presently a storm sewer line on 55th Avenue which will be used. It can handle a two -year event and will be upgraded to a five -year event design. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 7:33 p.m. passed unanimously. Daniel Kitchin, 5601 Logan Avenue N., indicated he had to close his well due to the petroleum spill at the SuperAmerica site and asked how this will be addressed. The City Engineer responded the City is aware of this situation and SuperAmerica is monitoring it. Mr. Kitchin stated he hopes the City will clean it up soon. Richard Armstrong, 5602 Logan Avenue N., presented a lengthy dissertation indicating it was inferred by the City that residents in this area would not be reassessed in the future when the streets or utility improvements needed upgrading and suggested staff research the City's records. With regard to the SuperAmerica contamination, he reviewed his past activity in sending Ashland Oil Company a certified letter which was not responded to in a timely manner. He noted the contamination is not recent but happened in the 1970s and suggested the Minnesota Pollution Control Agency (MPCA) be contacted regarding corporate responsibility. 03/11/96 - • 6 Mr. Armstrong questioned whether the City had a hidden agenda regarding the proposed improvements to Logan and Knox Avenues to make one -way streets in Precinct 1. Mayor Kragness stated the Council has discussed a 20 -year replacement plan and that is the agenda. Mr. Armstrong commented on the socio- economic changes occurring in Brooklyn Center and his support to implement metal stop signs to encourage alternate routes. He asserted that due to the current volume of traffic and widening the road Logan Avenue will become a raceway, even if patrolled by the Brooklyn Center Police Department. Mr. Armstrong stated if the roads need to be resurfaced so be it, but the groundwater, which is one of the best in the United States, had been contaminated in the late 1970s and not corrected to this date. He suggested, if the City wants to replace and widen the street to allow parking, they purchase all the homes. Mr. Kitchin presented a letter he had received from the MPCA concerning site contamination at SuperAmerica. Dana Boeshans, 5322 Logan Avenue N., asked whether the alley will be reconstructed. The City Engineer explained the project includes the storm sewers but he is unsure if this particular alley would be impacted. Johanna Mills, 5517 Logan Avenue N., expressed concern with widening Logan Avenue due to heavy traffic levels including semi - trailer trucks and commented on the negative impact to the neighborhood. The Director of Public Services advised regarding the use of MSA funding and explained to allow parking, the roadway must to be constructed to their standards (34 feet in width). If reconstructed to current width, parking would be prohibited at all times. Ms. Mills appealed to the Council not to make the roadway wider. Councilmember Carmody inquired if this issue was addressed at the neighborhood meeting and asked if residents would give up on -street parking to keep the street at its current width. The Director of Public Services clarified that the no on- street parking would apply to residents; parking would be totally prohibited. Ms. Mills stated too many q P g residents could not live with this and questioned the option of installing more stop signs or restricting semi - trailer trucks and buses. The Director of Public Services advised part of the review between now and ordering the project will include a more detailed review of traffic levels and determine if other areas are appropriate for stop signs. Mayor Kra ness explained that not meeting SA standards eliminates the ability to use MSA Y g P g tY funding. The City Manager noted the MSA funding for this project is about $1 million. Mr. Armstrong again addressed the Council and reiterated that residents in this area were told they would not be reassessed for these types of improvements. He questioned the use of a "pinster" situation where there is a threat of loss of funding if the road is not widened and asked if Logan Avenue is a rooming -house corridor. 03/11/96 -7- Dave Holmes, 5649 Logan Avenue N., stated his house is behind the SuperAmerica Station and there has been no parking in front of his house for many years. He stated the Council needs to i address congestion on this corner which is caused by SuperAmerica parking and semi - trailer truck deliveries. Virginia Stees, 5524 Logan Avenue N., stated she was not aware of any neighborhood meetings that were scheduled and asked how residents can answer how they feel about this project when they don't know what they will pay. Councilmember Carmody stated the street assessment is estimated at a residential unit rate of $1,850 and storm sewer assessments are based on actual cost of the project and benefit to property owner. Due to the difficult storm sewer improvements, staff is in the process of determining benefit specific to each property and estimate a range from $600 to $1,000 per property, or a total assessment of about $2,500 per property. Ms. Stees concurred with other comments regarding the difficulty in access to Logan Avenue and due to increased noise, Logan Avenue is not pleasant to live on. She stated she hopes to continue living in Brooklyn Center but will have to look at that in light of this project. Darren Jakel, 5501 Logan Avenue N., concurred with other comments and indicated concern that a wider street will result in higher traffic speeds. He requested the Council consider the placement of stop signs. Randy Mills, 5517 Logan Avenue N., stated he originally supported this project but questioned the parking restriction if the project is not approved as presented (wider width), especially since parking is allowed on other streets. He supported consideration of stop signs or a blocked -off street which creates more of a neighborhood. Grady Boeck, 5601 Indiana Avenue N., stated he is not a resident of this neighborhood and expressed his concern regarding the consideration to use GO bonds to fund a portion of this project which results in an increased tax rate for all other residents of Brooklyn Center. He reviewed past projects which were approved and expressed his concern that this practice will continue for the 20 year cycle. He suggested a different strategy be devised instead of the current 20 year cycle of tearing up the roads and installing concrete curb and gutter. He expressed concern there is no requirement to hold a referendum in this type of situation when assessing 20% of the project and placing the remaining 80% against property taxes through general obligation bonds. Bernice Valllancourt, 1000 - 57th Avenue N., stated she owns a corner lot and asked if she would be assessed twice. She agreed 57th Avenue is too low and needs to be raised to improve drainage. Councilmember Carmody explained residents would be assessed once. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing at 8:20 p.m. passed unanimously. Councilmember Mann expressed concern regarding bonding each year for street improvements and asked if this is being reviewed. The City Manager responded affirmatively. 03/11/96 -8- Councilmember Carmody inquired when the assessment roll will be determined. The City Manager advised staff will recommend a flat unit dollar amount so neighborhoods with an extremely deep storm sewer will be treated the same as other neighborhoods with a system at a normal depth. This will be considered prior to awarding the bid. Councilmember Carmody asked if it is possible to construct a "choker" to slow the speed of traffic. The Director of Public Services indicated staff will evaluate that option along with the traffic study and traffic counts. She explained the "choker" technique used on Woodbine Lane has generated several complaints about the need to slow down. Councilmember Hilstrom requested a survey of residents to determine whether they support a narrow width and no parking or a wider width that allows parking. The Director of Public Services explained the current proposal is for a width of 32 feet with an extra two -foot shoulder. Mr. Armstrong again addressed the Council to ask if the resident's objections are under consideration and whether the disposition of this case is negotiable. Councilmember Carmody reviewed the process to approve the tentative improvement project and allow staff to prepare the specific improvement plan. Mr. Armstrong asked if the property owner's input will make a difference in the design of this project. Councilmember Hilstrom indicated the Council wants public input and now is the appropriate time to bring forward concerns so a study can be ordered and the concern addressed prior to preparation of final plans and specifications. Mayor Kragness noted changes can be made which is why studies are being ordered and the bonding being addressed. Mr. Armstrong asserted that the residents are not being heard and asked if the project will be changed in consideration of their concerns. Councilmember Carmody reviewed how the input from g Y P the last project resulted in revisions. Councilmember Hilstrom requested an update on the petroleum tank release mentioned at SuperAmerica and advised that this requested update will be included in her motion to approve Resolution No. 96 -62. RESOLUTION NO. 96-62 Member Debra Hilstrom, introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NOS. 1994 -03 AND 04, 57TH AVENUE, HUMBOLDT TO CAMDEN AVENUES, AND 1996 -06, 07, AND 08, LOGAN, JAMES, AND KNOX STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, CONTRACT 1996 -G 03/11/96 -9- The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. • PUBLIC HEARING REGARDING PROPOSED IMPROVEMENT PROJECT NO 1996 -10 53RD AVENUE. XERXES TO UPTON AVENUE AND XERXES 49TH TO 53RD AVENUES STREET IMPROVEMENTS The Director of Public Services introduced the proposed project and the City Engineer gave a detailed presentation regarding Improvement Project No. 1996 -10, 53rd Avenue, Xerxes to Upton Avenue, and Xerxes, 49th to 53rd Avenues Street Improvements which are being undertaken in conjunction with the City of Minneapolis. Mayor Kragness questioned the sewer location along 53rd Avenue. The City Engineer reviewed the location and indicated it is being inspected to determine the condition and whether rehabilitation is needed. Councilmember Hilstrom asked if a newsletter will be sent to residents in this area as with other projects. The City Engineer responded affirmatively. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to open the public hearing at 8:37 p.m. passed unanimously. Steve Ness, 2800 -53rd Avenue N., asked if residents have a choice regarding concrete curb. The Director of Public Services explained the current City standards are to construct curb and gutter. Mr. Ness explained he lives on a corner lot and will have curb and gutter on one side but not both sides. The City Engineer advised this question came up at the neighborhood meetings so staff researched the option but found problems since the City of Minneapolis is doing the work and their cost to add a portion of street is more than what it typically costs Brooklyn Center to design and hire a private contractor. Therefore, it is not included but could be part of another project if the Council believes it is prudent to do so. Councilmember Hilstrom questioned the timing if not included now. The City Engineer stated it is difficult to determine but estimated three years. The City Manager stated staff will research this resident's situation and determine if it is feasible to include. Mr. Ness stated if curbs on both sides cannot be included, he is not in favor of the project. Terry Nelson, 3 001-5 1 st Avenue N., pointed out this will be the only block with no curb and gutter. He advised there is a lows of in the roadway in front of his house which needs to be drained. Also p Y , another property which has two driveways on Xerxes Avenue is not being assessed. The City Engineer explained once the City of Minneapolis approves the project, staff will meet with them to determine the schedule of work. He believed it would be under construction the entire summer and part of fall. 03/11/96 -10- With regard to the issue of curb and gutter, the City Manager advised staff will look at the same • issue as with Mr. Ness' property. The Director of Public Services stated staff will have to determine whether it is cost effective to include these areas at this time, or to determine other options to alleviate drainage and appearance concerns. Mr. Nelson stated his driveway is 28 feet wide and questioned the policy regarding replacement aprons. The Director of Public Services informed the minimum allowance is twelve feet wide and the maximum is 24 feet wide. If wider than 24 feet, determination is made on a case -by -case basis. Councilmember Carmody questioned the possibility of a project next year to include the "loop" area. The Director of Public Services indicated it may be more cost effective to include this with another project, and, perhaps, it could be considered with the next round of southeast neighborhood projects. Mr. Ness asked again if the City will consider installation of curb and gutter on the side yard of his property. The City Manager stated staff will research this option for Mr. Ness' and other corner properties with a similar situation. Jim Lunacek, 5145 Xerxes Avenue N., reviewed his length of ownership and expressed concern about assessment to property owners along Xerxes Avenue. He asserted the damage to Xerxes Avenue was caused by the heavy amount of traffic when the golf course was developed and stated he believes property owners should be relieved of the special assessment burden. He advised regarding several Xerxes Avenue residents with special circumstances (elderly, disabled, t unemployed) and the resulting hardship if the proposed improvements are assessed. He stated he attended the neighborhood meeting and believes there is no need to move the street to the west. He also expressed concern the improvements will result in a higher speed of traffic. Councilmember Hilstrom inquired whether the stabilization program is available. The City Manager indicated it is, as well as senior deferral. Councilmember Hilstrom requested staff research the option of placing stop signs to address traffic speed. The Director of Public Services noted that Xerxes Avenue is a shared street so any traffic control decision needs to be agreed by both cities. She indicated staff will update traffic information regarding speeds and look into particular issues prior to design decisions. Councilmember Hilstrom requested staff keep the Council abreast of what Minneapolis is doing. Mike Calder, 5010 Xerxes Avenue N., inquired whether Xerxes Avenue will be widened and potential impact to rear yards. The City Engineer explained it will not be widened but shifted 1.8 feet to provide better grades for drainage. Mr. Calder asked if this will impact fences. The City Engineer stated the City of Minneapolis City Engineer believed the same slopes could be maintained or a retaining wall could be installed, if necessary. A motion by Councilmember Hilstrom and seconded by Councilmember Carmody to close the public hearing at 8:55 p.m. passed unanimously. • 03/11/96 RESOLUTION NO. 96-63 • Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS AND AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, IMPROVEMENT PROJECT NO. 1996 -10, CONTRACT 1996 - H, 53RD AVENUE, XERXES TO UPTON AVENUE, AND XERXES, 49TH TO 53RD AVENUES STREET IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. Mayor Kragness declared a break in the meeting at 8:56 p.m. Mayor Kragness declared the meeting reconvened at 9:10 p.m. PLANNING COMMISSION APPLICATION NOS 96003 and 96004 SUBMITTED BY MIJA LANDENBERGER Mayor Kragness reviewed the request of Mija Landenberger for preliminary plat approval to subdivide the parcel of land on which the Budgetel Inn, 6415 James Circle North, is located into two lots, and for site and building plan approval for a 5,338 sq. ft. 140 seat Denny's Restaurant to be located on a proposed 1.02 acre parcel of land adjacent to the Budgetel Inn. She noted the unanimous recommendation of the Planning ommission for approval. g Pp The City Manager recommended the Council consider both Planning Commission Applications together since they are related. In response to the request of Councilmember Hilstrom, the City Planning and Zoning Specialist displayed and reviewed an overhead showing the location and site plan. He reviewed that originally this area was reserved for construction of a restaurant or expansion of the Budgetel Inn, but neither happened so the owners are requesting to split the property so they can sell to Denny's Restaurant. The Planning and Zoning Specialist then reviewed the site plan for the proposed restaurant and details of the extension of James Circle and the area to be vacated with Council consideration at a future meeting. He advised that the width of a commercial driveway opening cannot exceed 30 feet. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 96003 subject to the following conditions as recommended by the Planning Commission passed unanimously: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. • 03/11/96 -12- 3. The applicant shall provide appropriate easements for sidewalk and utilities as recommended • by the City Engineer. 4. An appropriate cross access easement allowing access over Lot 1 to Lot 2 shall be drafted and filed as an encumbrance with the plat for this property. 5. An ordinance amendment vacating a portion of the James Circle right -of -way shall be approved by the City Council prior to the filing of the final plat with the County. 6. Drainage and Utility Easements must be provided along all property lines. A minimum 5 foot drainage and utility easement must be provided along all property lines with the exception of the following: A. An existing drainage and utility easement is present along the en!ire west'?oundary of the property (Lot 1). This easement shall continue to exist Tr „� should be shown on the plat. B. A combination of storm sewer and water main traverse along the south boundary of this property. It is recommended that a 40 foot drainage and utility easement along the south side of the plat (Lots 1 and 2) be dedicated. C. A portion of the street right of way (James Circle North) is proposed to be vacated. A 10 foot drainage, utility, and sidewalk easement is recommended along the vacated portion. Vacation of roadway right of way shall be subject to review and approval of the City and all private utilities. The applicant shall provide appropriate legal descriptions. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to approve Planning Commission Application No. 96004 subject to the conditions as recommended by the Planning Commission passed unanimously: 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 g � plans are subject to n' P � review and approval b the City En gineer prior to the issuance ty g veer P of permits. 3 • A Site Performance Agreement and supporting Financial Guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of permits to insure the completion of site improvements. 4. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 03/11/96 - 13 - 5. The building is to be equipped with an automatic fire extinguishing system to meet NFPA • standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas, including any off -site parking areas improved with this plan. 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 owners shall enter 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 Engineering Department. 12. The plans shall be modified in the following manner prior to the issuance of building permits: a. Eliminate the parking stall encroaching into the required 15 foot green strip at the northeast corner of the site. 13. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 14. The final plat comprehended under Planning Commission Application No. 96003 shall receive final approval by the City Council and filed with the County prior to the issuance of permits for this project. COUNCIL CONSIDERATION ITEMS RESCHEDULE COUNCIL WORK SESSION The City Manager requested the Council reschedule the February 27, 1996, work session which was canceled. He noted another Council member will be coming on board but he would like to hold a work session at this time to address certain issues and hear a short presentation from the Chair of the Charter Commission. • 03/11/96 -14- Councilmember Mann indicated she would be unable to attend a work session on March 18, 1996, • and requested consideration of March 21, 1996, instead. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to set the date for a Council Work Session for Thursday, March 21, 1996, at 7 p.m. passed unanimously. Councilmember Mann inquired regarding whether other Council members had met with members of the Charter Commission. Councilmember Carmody indicated she had. Councilmember Hilstrom indicated she had a telephone conversation but did not personally meet with them. Councilmember Mann asked if more information will be presented to the Council. The City Manager advised that Mr. Willson, the Chair of the Charter Commission, thought it would be more productive in discussion format than at a formal Council meeting. P g SET DATE FOR COUNCIL WORK SESSION FOR MAY 20 1996 A motion by Councilmember Hilstrom and seconded by Councilmember Mann to set the date for a Council Work Session for Monday, May 20, 1996, at 7 p.m. passed unanimously. FINALIZE DATE FOR FACILITATED COUNCIL WORKSHOP FOR APRIL 27 1996 A motion by Councilmember Mann and seconded by Councilmember Carmody to set the date for a facilitated Council Work Session for Saturday, April 27, 1996, at 9 a.m. at the Inn on the Farm passed unanimously. • RESOLUTION NO. 96-64 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE RESCUE TRUCK/MINIPUMPER AND AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE FUND BUDGETS TO PROVIDE ADDITIONAL FUNDING TO PURCHASE FIRE APPARATUS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-65 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1995 -04, CONTRACT NO. 1996 -1, REPLACEMENT OF LIFT STATION NO. 1 AND FORCE MAIN The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. • 03/11/96 -15- a RESOLUTION NO. 96-66 Member Debra Hilstrom introduced the following resolution and moved its adoption: • RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1996 -J, BOB CAHLANDER PARK AND PARK AND RIDE LANDSCAPING The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. The City Manager reported the MTCO has consented to naming the park & ride portion of the park "Bob Cahlander Park & Ride ". RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS. IMPROVEMENT PROJECT NO 1996 -13, CONTRACT 1996 -E PLAYGROUND EQUIPMENT REPLACEMENT AT GRANDVIEW GARDEN CITY, KYLAWN MARLIN. RIVERDALE AND WEST PALMER LAKE PARK In response to Councilmember Mann, the Director of Public Services advised that staff is in the process of developing plans and specifications which will be presented to the Council in several weeks. Councilmember Mann noted the Park and Recreation Commission has reviewed proposed park improvements in the past and questioned how staff arrived at the breakdown of children. The • Director of Public Services advised they were based on park maintenance observation of the age range of children. Councilmember Mann asked if the neighborhood will have an opportunity to review the park equipment being proposed. The Director of Public Services reported staff spoke with residents and Staff will contact residents again once the bids are received to receive input. Councilmember Mann inquired how the Park and Recreation Commission will review the equipment. The Director of Public Services explained staff will suggest the Park and Recreation Commission create a small subcommittee to review the plans. In response to Council's questions, the Director of Public Services explained they intend to retain all existing swings and horizontal ladders that are part of the connective devices that designers use. Staff has allowed them some discretion as to what equipment is age appropriate and they generally avoid separate stand -alone apparatus. Mayor Kragness inquired who selected the equipment listed. The Director of Public Services invited the Council's suggestions and explained the current proposal is based on what is there now in an attempt to continue the existing theme. 03/11/96 -16- RESOLUTION NO. 96 -67 • Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1996 -13, CONTRACT 1996 -E, PLAYGROUND EQUIPMENT REPLACEMENT AT GRANDVIEW, GARDEN CITY, KYLAWN, MARLIN, RIVERDALE AND WEST PALMER LAKE PARKS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. ADJOURNMENT A motion by Councilmember Hilstrom and seconded by Councilmember Mann to adjourn the meeting at 9:28 p.m. passed unanimously. i City Clerk Mayor Recorded and transcribed by: • Carla Wirth TimeSaver Off Site Secretarial I • 03/11/96 -17- • MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION MARCH 12, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session as an election canvass board and was called to order by Mayor Myrna Kragness at 9:25 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were City Manager Michael McCauley and City Clerk Sharon Knutson. CANVASS OF ELECTION RETURNS The Brooklyn Center City Council proceeded to canvass the City election returns from the various City precincts, reporting ballots cast in the City of Brooklyn Center contest as follows: Office of City Council Member Ballot Count Charles F. Nichols, Sr. 391 ® Bob Peppe 349 Jim Justesen 300 Charles A. Filson 56 Chris Pierskalla 18 Joe Tanner 16 Shawn Taylor 12 Patrick Bane 6 RESOLUTION NO. 96 -68 Upon completing the election canvass, member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REGARDING CANVASS OF MARCH 12, 1996, SPECIAL PRIMARY ELECTION The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. • 3/12/96 -1- ADJOURNMENT There was a motion by Councilmember Kristen Mann and seconded by Councilmember Kathleen Carmody to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council meeting adjourned at 9:27 p.m. City Clerk Mayor • 3/12/96 -2- �b PROCLAMATION DECLARING APRIL 20, 1996, TO BE A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER WHEREAS, In 1952, an event was inaugurated by the Christian Leadership groups in the United States Senate and the House of Representatives; and WHEREAS, The annual National Prayer Breakfast has become a time for the rededication of the individual and the nation to God; and WHEREAS, Many states and local communities have sponsored similar events at the state and local level; and WHEREAS, A volunteer committee of concerned citizens has joined together as the Brooklyn Center Prayer Breakfast Committee, Inc., to sponsor an annual Brooklyn Center community Prayer Breakfast for a similar rededication of local community leaders, business representatives, our city and its citizens to high Judeo - Christian ideals; and WHEREAS, The committee is planning the eighteenth annual Brooklyn Center Prayer Breakfast on the 20th of April, 1996, at the Earle Brown Heritage Center; and WHEREAS, The committee acknowledges the importance of our future leaders, the youth of our community, and are placing a particular emphasis upon our youth; and WHEREAS, Cris Carter, Minnesota Viking star, has agreed to give the keynote .address. NOW, THEREFORE, I, AS MAYOR THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim that April 20, 1996, be designated as a Day of Spiritual Rededication in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage and join in quiet reverence and dedication; and that it calls upon the citizens of Brooklyn Center, both youth and adult, to join hundreds of their neighbors and fellow citizens at the Annual Prayer Breakfast on Saturday, April 20, 1996, at the historic Earle Brown Heritage Center. Date ; Mayor Attest: • City Clerk 6� PROCLAMATION DECLARING APRIL 7. 1996 AS WORLD HEALTH DAY WHEREAS, The health of all people is one true measure of a nation; and WHEREAS, The health of Americans is inseparably linked with the health of peoples throughout the world; and WHEREAS, All nations of the world, acting through the World Health Organization, of which the United States is an active member, are pledged to the goal of Health for All by the Year 2000; and WHEREAS, April 7 of each year has been established by the World Health Organization as World Health Day - an occasion to educate and inform, to encourage increased community involvement, to focus on the unity of our concerns for a better quality of life; and WHEREAS, The World Health Organization realizes that local structures and policies can have a profound effect on the health and well -being of all people, has designated World Health Day 1996 to focus on the building of Healthy Cities and Communities; and WHEREAS, The American Association for World Health, recognizing the power of linking together the efforts of public, private, and nonprofit sectors of a community in addressing the unique challenges that each community faces is promoting the 1996 World Health Day theme in the United States as "Creating Healthy Communities ... Together. " NOW, THEREFORE, I, AS MAYOR THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby declare April 7, 1996, as World Health Day and urge all citizens to take part on this day and throughout the year in observances and activities which are designed to advance the cause of good health by promoting awareness and by encouraging participation in the worldwide efforts of "Creating Healthy Communities... Together." Date Mayor Attest: City Clerk 6d ��ppKLYM CEpT� BROOKLYN CENTER POLICE DEPARTMENT PULICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police�� DATE: March 13, 1996 SUBJECT: New Liquor License / Sale of Holiday Inn North / 2200 Freeway Blvd Plaza Real Estate Partners (who wholly owns Richardson Properties, Inc., dba/Holiday Inn Franchise) is selling the Holiday Inn North which will include the land, buildings, and furnishings. The current licensee holding the liquor license for the Holiday Inn North is Richardson Properties, Inc. The buyer is Hennepin County Hotel Associates, L.L.C. (HCHA), a newly formed Minnesota limited liability company. The owners of HCHA are the Prudential Insurance Company of America having a 99% interest, and Wilton D. Hill having a 1% interest. Davidson Hotel Company, a full- service hotel development and management company with headquarters in Memphis, Tennessee, has been retained by HCHA to manage the Holiday Inn pursuant to the terms of a management agreement. Davidson will employ the individuals who will work at the hotel and also will obtain all required operating business licenses including liquor licenses. Wilton D. Hill is also the President and 100% owner of Davidson Hotel Company. HCHA intends to obtain a Hilton franchise for the hotel and has asked the present owner to arrange to terminate the Holiday Inn franchise at closing. Davidson did advise that like the Holiday nn franchise the Hilton franchise conveys no ownership rights to Hilton instead the Y � , Y P owner pays Hilton a monthly fee for the right to the Hilton name and reservation system in marketing the hotel. It should be noted that Davidson currently manages twenty hotels which are owned by various ownership groups and are operated under different franchises including Holiday Inn, Hilton, Ramada, Days Inn, Embassy Suites, Crowne Plaza, Omni, and Marriott. • Memorandum Michael McCauley, City Manager Page 2 The closing is set for March 28, 1996, and there will be no mortgage, it is an all cash purchase. Nothing has been found in the background investigation that would preclude the issuance of a liquor license. All appropriate fees for the license have been submitted along with all required documentation. SK:kh • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON- SALE INTOXICATING LIQUOR LICENSE TO DAVIDSON HOTEL COMPANY. dba HILTON HOTEL WHEREAS, Davidson Hotel Company has applied for a Class B and Sunday On -Sale Intoxicating Liquor License for the establishment located at 2200 Freeway Blvd within the city of Brooklyn Center currently operating as a Holiday Inn; and �I WHEREAS, the current owner of the hotel and property, Plaza Real Estate Partners, who wholly owns Richardson Properties, Inc. dba/Holiday Inn Franchise and is the current liquor license holder, is selling the hotel to include the land, buildings, and furnishings; and WHEREAS, the buyer, Hennepin County Hotel Associates, L.L.C. (HCHA), is a newly formed Minnesota limited liability company owned by Prudential Insurance Company of America with a 99% interest and Wilton D. Hill with a I% interest; and WHEREAS, the buyer, HCHA, intends to obtain a Hilton franchise for the hotel currently operating as a Holiday Inn and has asked the resent owner to arrange to terminate the Y p g Y P Holiday Inn franchise at closing; and WHEREAS, Davidson Hotel Company, a full- service hotel development and management company, headquartered in Memphis, Tennessee, has been retained by HCHA to manage the Hilton and will obtain all required operating business licenses including liquor licenses; and WHEREAS, Wilton D. Hill is also the President and 100% owner of Davidson Hotel Company; and WHEREAS a thorough background investigation was conducted by the Brooklyn Center Police Department regarding the corporate officers and the corporation itself and nothing was found in that investigation that would preclude the issuance of the liquor license to Davidson Hotel Compa P Y, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to Davidson Hotel Company, dba/Hilton Hotel is hereby approved. 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. • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director c H DATE: March 19, 1996 SUBJECT: Resolution Awarding Contracts for City Insurance Policies and Contracts for the Insurance Agent and Insurance Consultant for 1996 Attached is a resolution which will authorize renewal of the following insurance contracts: P OLICY: INSURANCE COMPANY: Comprehensive Property and Casualty Insurance L.M.C.I.T. Worker's Compensation Insurance L.M.C.I.T. Boiler and Machinery Insurance L.M.C.I.T. Accident Plan for Volunteers The Brehm Group Open Meeting Law Defense L.M.C.I.T. Liquor Liability Insurance The St. Paul Fire & Marine Premiums for liability insurance have decreased 9% from 1995, but our exposure measured by expenditures is up slightly. Rates have decreased slightly from 1995 for property insurance and boiler & machinery insurance. Total otal prerruums are up because staff reviewed the values we had buildings insured for and increased the values. Auto insurance increase .was due to higher rates and the inclusion of miscellaneous equipment which was a separate item last year. Other categories within Property & Casualty rose or fell due to changes in the values being insured. Worker's compensation premiums have been reduced by about 25 % for 1996. The main reasons the LMCIT is able to provide this reduction are savings from State of Minnesota reform legislation of 1992& 1995 and the success of city safety programs. The City of Brooklyn Center is also receiving a 10% reduction in premiums compared to the prior year because we have enrolled in a managed care program sponsored by the League. Liquor liability insurance is up due to higher minimum premiums for sales at the Golf Course and Central Park and higher premiums and higher estimated sales at the Liquor Stores. All insurance premiums are within or close to the amounts budgeted for them. The attached spreadsheet provides more detail on the City's insurance premiums. • It should be noted that the City has received dividends back from the LMCIT in each of the last nine years. We expect to receive one again in 1996, but the LMCIT has told us to expect it to be smaller because they are charging lower up front premiums. The resolution also will renew annual contracts with the City's insurance agent and risk management consultant. The comment has been made: "Can't the City staff do this without the help of out side consultants." The Finance Director is the primary risk manager on staff. He is able to spend less than 10% of his time on this area. Due to this limit on time, the fact that he isn't a trained risk management professional, and that he isn't exposed to events & trends in other cities and the larger insurance industry, it isn't possible for him to cover risk management without help from consultants. Since the City acquires most of its insurance coverage from the L.M.C.I.T., it might seem that we had no need for an insurance agent. However, not all of our policies are with the L.M.C.I.T. In some cases, the don't provide a coverage we need in others the aren't the best or lowest cost Y P g Y provider. An agent is needed to help us determine the best source of coverage and then prepare and submit applications for that coverage. The City has an agreement with BHK &R Insurance Agency for agent services on a flat "fee for g g Y g services" basis rather then a in a commission based on premiums, which is the more common PY g , P practice in the insurance industry. Such commissions vary from 2 % up to 10 % of premiums. If the city didn't have the flat fee agreement, the commissions to the agent would exceed $20,000 a year. BHK &R Insurance Agency has agreed to extend its contract to January 1, 1997 with no increase in the fee. The fee was last increased in 1995 from $8,600 to $9,000. It was at least four years before that since the previous increase in BHK &R's fee. The City :also retains an insurance consultant. There is some overlap in the things done by the consultant and the agent. This is due to the fact that the flat fee contemplates the agent performing a certain set of duties, primarily related to applying for policies. Risk management is a larger endeavor than just insurance. The insurance consultant is an additional source of expertise used to help in areas such as loss prevention, analyzing levels of risk to retain in the city as opposed to transferring the risk via insurance, analyzing operations, and reviewing insurance applications to confirm that we completely listed all properties and activities which should be insured. Two recent initiatives of the consultant were to identify the option of managed care in our worker's compensation insurance policy which is saving us 10% of those premiums, and taking larger deductibles on worker's compensation, which saves several thousand dollars a year, depending on claims. Berkley Risk Services, Inc. (formerly American Risk Management, Inc's) services has also agreed to extend its contract to February 28, 1997 with no increase in the fee. Their fee was last increased in 1995 from $5,340 to $5,616. It was two years before that since the previous increase in American Risk's fee. • CITY OF BROOKLYN CENTER INSURANCE CONTRACTS FOR 1996 Percent 1996 1995 Increase Increase COVERAGE Premium Premium (Decrease) - Decrease Comprehensive Municipal Property & Casualty General Liability $150,844 $158,682 ($7,838) -4.94% Property & misc equipment 29,464 27,562 1,902 6.90% Inland Marine 3,833 3,265 568 17.40% Boiler & Machinery 5,013 5,306 (293) -5.52% Automobile Liability & Collision 29,426 26,315 3,111 11.82% Miscellaneous equipment on vehicles 0 1,561 (1,561) - 100.00% Bonds 2,604 2,713 (109) -4.02% Money & Security 1,546 1,546 0 0.00% Total Property & Casualty 222,730 226,950 (4,220) -1.86% Worker's Compensation 145,590 209,431 (63,841) - 30.48% Accident Plan for Volunteers 2,175 2,175 0 0.00% Open Meeting Law Defense 2,263 2,380 (117) -4.92% Liquor Liability 14,697 13,278 1,419 10.69% TOTAL $387,455 $454,214 ($66,759) - 14.70% insurance/renewal/awardins 3/18/96 • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND CONTRACTS FOR THE INSURANCE AGENT AND INSURANCE CONSULTANT FOR 1996 WHEREAS, the Director of Finance and the City's Insurance Agent have negotiated annual renewal premiums for the City's comprehensive insurance coverage for the period from January 1, 1996 to January 1, 1997 and they are as follows: 1. Comprehensive Municipal Property and Casualty Insurance from the League of Minnesota Cities Insurance Trust (L.M.C.I.T.): Property $ 29,464 Inland Marine 3,833 Boiler & Machinery 5,013 General Liability 150,844 Automobile Liability. 29,426 Crime 1,546 Bonds 2,604 Total Annual Premium $222,730 2. Workers' Compensation Insurance from the L.M.C.I.T.: Total Annual Premium $145,590 3. Accident Plan for Volunteers from the Brehm Group: Total Annual Premium $ 2,175 4. Open Meeting Law Defense p g from the L.M.C.LT.. Total Annual Premium $ 2,263 5. Liquor Liability Insurance from St. Paul Fire & Marine: Total Annual Premium $ 14,697 ; and RESOLUTION NO. WHEREAS, Brandow Howard Kohler & Rosenbloom, Inc. (BHK &R) has been the City's insurance agent since January 1, 1990 on a fee - for - services basis, has provided good agent services to the City of Brooklyn Center, and wishes to extend the agreement for services or another year; and WHEREAS, Berkley Risk Services, Inc. has been retained as the City's insurance consultant since June of 1988 on a contract for services, has provided good consulting services to the City of Brooklyn Center, and wishes to extend the contract for consulting services for another year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to: 1. Accept the negotiated insurance renewals and award the contracts as stated. 2. Designate the Brandow, Howard Kohler & Rosenbloom, Inc. (BHK &R) Agency as the agent of record for said insurance. 3. Renew the fee - for - services contract as City insurance agent with BHK &R for the period of January 1, 1996 through December 31, 1996 at an annual fee of $9,000. 4. Renew the contract for consulting services with Berkley Risk Services, Inc. for the period of March 1, 1996 through February 28, 1997 at an annual rate of $5,616. Date Mayor ATTEST: Deputy 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 Manager FROM: Charlie Hansen, Finance Director C4 DATE: March 19, 1996 SUBJECT: Resolution Awarding A Contract for Dental Insurance For City Employees Attached is a resolution which will authorize awarding a contract to a new provider of dental insurance for city employees. The City has received this insurance from the League of Minnesota Cities since the mid 1980s when it was first offered as a benefit. The original policy was implemented on July 1, resulting in a policy year of July 1 through June 30. However, the deductibles and other benefit limitations for the employees were operated on a January 1 through December 31 year. This causes some difficulty now as we consider a change in provider. The premiums qualify to be paid from the $350 per month the City makes available to pay employee insurance premiums. For an employee on single coverage, this means the City pays the full cost of health, life, and dental insurance, since the total premiums are less than $350 P er month. For an employee with faintly coverage, this means the employee typically pays for the dental insurance, since the cost of family health insurance ranges from $443.32 to $464.63 per month in 1996. I have been investigating alternative providers of dental insurance since last year. With the help of an insurance agent, I considered the League, Delta Dental, Prudential, American Medical, and Health Partners. The goal was the procure coverage with at least equal benefits to the current League plan, with lower premiums. The plan I am recommending is from Health Partners. It provides three levels of benefits to the employee. The lowest level of benefits is equal to our current plan with the League and allows the employee to receive service from any dentist in the state. The other two require the employee to select a dentist who is enrolled in a cost control program with Health Partners, but in return provides a higher level of benefits. Premiums from the League plan for the year July 1, 1995 through June 30, 1996 are $23.15 for a single person and $60.32 for family coverage. The Health Partners plan for the year July 1, 1996 through June 30, 1997 has premiums of $15.06 for a single person and $40.38 for family coverage. Price guarantees for the second and third years of the contract have also been negotiated. Health Partners has guaranteed that premiums in the second year will be a maximum of 6.75 % higher than the first year and premiums in the third year will be a maximum of 8.5 % higher than the second year. Actual increases will depend upon utilization rates by our employees. Increases may be less than the maximum. Premium savings for the first 12 months will run about $10,000. The City will realize about 40% of the savings and employees about 60 %. As a practical matter, the City pays the premium for employees who are on single coverage because their total premiums are less than the $350 per month that the City is committed for. Employees who are on family coverage end up paying their own dental insurance premiums since the city's $350 contribution is already used up on health insurance. The savings from this premium reduction fall to the party who is effectively paying the premium. I have tried to structure the policy and the change over process so that no individual employee ends up worse off than if we remain with the League policy. The only place I wasn't able to accomplish this through the policy is in the area of deductibles. Both policies have a deductible of $50 per person, per year, for some services. The policy year for deductibles runs from January 1 through December 31. It will be possible for an individual to incur the deductible for services from January through June of 1996. Then if the individual needed more dental service in the second half of the year, a new deductible would apply since the City had changed insurance companies. This should happen in relatively few case but I do expect it to come u P s b PP Y � . The P P resolution authorizes the Finance Director to reimburse employees for deductibles that would be greater than they would have experienced if no change were made in the insurance plan. These would be paid out of the City's share of the savings on the premiums. At some point in the future, we are bound to want to change dental insurance providers again and will experience the same deductible dilemma unless we re -aline all policy provisions around a calendar year. We could do that now by waiting until January 1 to make this change, but that would forgo $5,000 of savings. Instead, I propose to make this change on July 1, 1996, but rebid the insurance coverage to be effective on January 1, 1999. We aren't likely to see a big drop in premiums the next time we rebid this policy, so we won't be giving up much by rebidding half way through the third year of Health Partners premium guarantee. A further benefit to the City of this change is the effect it could have on upcoming labor negotiations. Contracts with the L.E.L.S. police union and the Local 49 operation engineers union will be negotiated this fall. Being able to show a reduction in premiums for dental insurance could help to forestall demands . for an increase in the city contribution to insurance premiums. its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AWARDING A CONTRACT FOR DENTAL INSURANCE FOR CITY EMPLOYEES WHEREAS, the City has provided dental insurance for City employees through a policy with the League of Minnesota Cities; and WHEREAS, the Director of Finance and the City's Insurance Agent have surveyed the market and found another policy providing the same coverage at a lower cost the the City and the employees; and WHEREAS, changing policies in the middle of the employee benefit year may expose some employees to the payment of a second deductable within the same year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to: • 1. Accept the negotiated insurance contract with Health Partners effective July 1, 1996 as stated. 2. Authorize the Finance Director to reimburse those employees who are required to pay deductables greater than they would have experienced with no change in dental plan. Date Mayor ATTEST: Deputy 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. Brooklyn Center enta Analysis 0 Brooklyn Center A. T. Group Triple Option LMC In Dental Premier Dental Out of Network Dental Services Network Network Care Annual Maximum $1500 $1500 $1500 $1500 Preventative/Diagnostic 100% 100% 100% 100% Inc. Sealants Inc. Sealants Inc. Sealants Deductible per year $50 None $25 $50 Maximum deductibles 3 per family 3 per family 3 per family Basic Services - Fillings 80% 100% 80% 80% - Periodontics 80% 80% 80% 80% - Endodontics 80% 80% 80% 80% -Oral Surgery 80% 80% 80% 80% Special Services 50% 50% 50% 50% - Crowns/Onlays Prosthetics 50% 50% 50% 50% I Orthodontics 50% to $1500 50% to $1500 50% to $1500 50% to $1500 - Deductible $50 lifetime None None None Premiums Single (68) $23.15 $15.06 Family (36) $60.32 $40.38 Emp Family Contribution $37.17 $25.32 Total Monthly Premium $3745.72 $2477.76 City Premium $2407.60 $1566.24 Individual Family Savings $11.85 mo/$142.20 yr ($5119.20 Group) City Monthly Savings $ 841.36 City Yearly Savings $ 10,096.32 • Brooklyn Center Dental Analysis Year 2 and 3 Premium Year is 07/01 to 06/30 Maximum Increase 2nd year - 6.75% 3rd year - 8.5% Current Rates 2nd year 3rd year Single $15.06 $16.04 $17.40 Family $40.38 $43.00 $46.44 6 y, • MEMORANDUM DATE: March 18, 1996 TO: Michael McCauley, City Manager FROM: David Peterson, Public Works Superintendent SUBJECT: Capital Outlay Resolutions 1. Unit #72, a 1986 Trackless sidewalk snowplow, was budgeted at $46,847 for replacement in the 1996 Central Garage Capital outlay budget. In response to our advertisement for bids, we received one bid, from MacQueen Equipment Company, in the amount of $55,110.55. While higher than the amount budgeted, this price is in line with purchases made by other cities in 1996. Examples: City of Anoka $57,865.00 City of Apple Valley $55,970.00 City of Edina $56,500.00 All prices are for the same unit and accessories as Brooklyn Center specified. NOTE: price differences are due to trade -in value. The amount in the budget was based on our best information at the time the budget was submitted in early 1995. The difference appears to be due to: A. $3,500.00 - a midyear 1995 price increase, after budget requests were submitted. The manufacturer changed the base model, providing a bigger engine and hydraulics, a $5,000.00 value. The price increase to the customer is $3,500.00 on base model. B. $2,000.00 -New V -Plow not in justification. Old V -Plows will not mount on models made after 1994. C. $2,763.00 - underestimate of inflation. We replaced another sidewalk snowplow in 1994 and used that price, inflated, as an estimate for this replacement. Apparently the vendor charged no inflation increase from 1993 to 1994, so the vendor has extra "catchup" inflation that we hadn't accounted for. Considering the outcome of the sealed bid results for replacement of Unit #72, it appears we have the following options: • Page 2 March 18, 1996 #1- Reject the Bid: We are probably not going to get any lower price on a "Trackless" brand name unit. The "Holder" brand name unit, typically higher priced, did not submit a bid. Research shows these are the only two companies in the market represented locally in 1995 -1996. #2 - Defer to 1997 Budget Unit #72 is ten years old and needs replacement as scheduled. I would expect higher prices in 1997. #3 - Accept Bid and Authorize Purchase The Central Garage can contribute $5,400.00 towards the $8,263.55 shortfall from cost savings on other 1996 vehicles already purchased: #68 - One (1) Ton Chevrolet Truck - $2 under budget #116 -1 /4Ton Chevrolet Truck 1 $ ,600.00 under budget #91 - 33,000 GVW Dump Truck & Accessories $1,500.00 under budget $5,400.00 under budget This represents a shortage of $2,863.55 for #72. We recommend Option #3 as the best option for reasons stated regarding necessary equipment replacement this year. The price is a good 1996 price in comparison to other 1996 sales of same equipment. Since the bids we received on another project, the 1996 Sealcoat Program, were very favorable, and there is a considerable savings in the amount budgeted in the General Fund for that program, we recommend that the $2,863.55 difference be funded from those savings. This would require a transfer from the 1996 q General Fund budget to the 1996 Central Garage Internal Service Fund budget. The recap is as follows: Sealed Bid, MacQueen Equipment Co. $ 55,110.55 1996 Budgeted Amount $ 46.847.00 Shortage $ 8,263.55 Central Garage Contribution $ 5,400.00 General Fund Contribution $ 2,863.55 (From Sealcoating program) $ 8,263.55 2. City vehicle #202 is a one -ton dump truck used in the Park Maintenance Department. The dump box is designed to tilt to the left or right in addition to standard rear dumping. This facilitates shoveling from either side of the truck, which greatly increases efficiency in the areas of trail maintenance, road shoulders, athletic field maintenance, and park maintenance. • Page 3 March 18, 1996 During the course of normal use, the dump box and related hydraulics were damaged. The vendor conducting the repairs had completed some of the repair to the hydraulics and frame, and estimated the cost to complete the repairs would be about $6,000. At that point he recommended that the City consider replacing the dump box, since it was in poor condition. Replacing the dump box would considerably reduce the cost to complete the repairs to the unit, since a good part of that cost was fabricating new connectors and pads from the repaired frame to the dump box. Unit #202 is scheduled for replacement in 1998; the new dump box could be moved to the new truck at that time, eliminating the need to purchase a dump box along with the new truck. The cost for repairs and a replacement dump box is $7,552.91. About $7,200 of that is the value of the new dump box, installed. We believe this is a good value for the City, and the vendor has been working with our Central Garage staff to provide for the most economical solution to keeping this heavily -used vehicle in good working order. We would recommend that the Council consider funding this unexpected repair expense from the Sealcoating Program savings detailed above. This would require a resolution transferring an appropriation from the Street Division to the Park Maintenance Division. 3. The 1996 Central Garage budget included an appropriation of $16,000 for the replacement of one 72" riding lawnmower used by the Park Maintenance Division. We received two bids on this equipment: Erv's Lawnmower Repair, Inc. $16,415.91 MTI Distributing Co. $15,320.02 We recommend acceptance of the low bid from MTI Distributing Co. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID, AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE FUND BUDGETS, AND AUTHORIZING THE PURCHASE OF ONE (1) SIDEWALK PLOW WITH SNOW BLOWER AND V -PLOW WHEREAS, $46,847.00 was appropriated in the 1996 . Central Garage budget for the replacement of City vehicle #72, a sidewalk plow with snow blower and v -plow; and WHEREAS, a single bid from MacQueen Company was received in the amount of $55,110.55; and WHEREAS, the Public Works Superintendent has advised the Council that based on bids for similar equipment received by other cities he believes the single bid is a reasonable price; and WHEREAS, the bid received is $8,263.55 greater than the amount budgeted, and the Central Garage can contribute to this shortfall of $5,400.00 available due to favorable bids received on other Capital purchases; and WHEREAS, excess funds are available in the 1996 General Fund Street Maintenance Division budget due to favorable bids received for the 1996 Sealcoating Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: I . The the quote of MacQueen Company is hereby accepted, and the purchase of one (1) sidewalk plow, with snow blower and v -plow attachments from MacQueen Company at a cost of $55,110.55 is hereby approved. 2. The 1996 General Fund budget be amended as follows: Increase the appropriation for the following line item: Street Division - Central Garage Vehicle Service Fees $2,863.55 Decrease the appropriation for the following line item: Street Division - Street Maintenance and Repair $2,863.55 • RESOLUTION NO. 3. The 1996 Central Garage budget is hereby amended as follows: Increase the an�ropriation for the following line items: Revenue for Replacement Charges $2,863.55 Capital Outlays for the Street Division $2,863.55 4. The sum of $5,400 budgeted in the 1996 Central Garage budget for capital outlays, which is available due to actual costs for equipment replacements being less than the amount budgeted, is hereby reallocated to provide for the purchase of said sidewalk plow. Date Mayor • ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION AMENDING THE 1996 GENERAL FUND AND CENTRAL GARAGE BUDGETS TO PROVIDE FOR THE REPAIR OF ONE PARK MAINTENANCE DUMP TRUCK BOX WHEREAS, the dump box and related hydraulics on City Vehicle # 202, a one - ton dump truck, were damaged during normal use; and WHEREAS, the Public Works Superintendent has advised the Council that it is most cost - effective to repair the unit and replace the existin g P dum box , which is in poor condition; and WHEREAS, the cost to replace the dump box and make necessary repairs to system hydraulics and truck frame is estimated to be $7,552.91; and WHEREAS, excess funds are available in the 1996 General Fund Street Maintenance Division budget due to favorable bids received for the 1996 Sealcoating Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: ' 1. The 1996 General Fund budget is hereby amended as follows: Decrease the appropriation for the following line item: Street Maintenance Division, Street Repair $7,552.91 Increase the appropriation for the following line item: Park Maintenance Division, Repair and Maintenance Charges $7,552.91 2. The 1996 Central Garage budget is hereby amended as follows: Increase the appropriation for the following line items: g Revenue for Repair & Maintenance Charges $7,552.91 Equipment/Vehicle Repairs $7,552.91 RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. �o : 3 adoption: Member introduced the following resolution and moved its . RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) 72" RIDING MOWER WHEREAS, an appropriation of $16,000 was approved in the 1996 central e ara g g capital outlay budget for the purchase of one (1) 72" riding mower; and WHEREAS, bids were solicited and received as follows: om a Bid Erv's Lawnmower Repair, Inc. $16,415.91 MTI Distributing Co. $15,320.02 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center Minneso to that the bid of MTI Dis tributing G. is hereby accepted and the purchase of one (1) 72" riding mower from MTI Distributing Co. in the amount of $15,320.02 is hereby approved. 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. �7 MEMORANDUM DATE: March 18, 1996 TO: Michael McCauley, City Manager, ,ry FROM: Scott Brink, City Engineer 7�I� SUBJECT: Ordinance Amendment: An Ordinance Vacating Part of a Street Easement; James Circle North; First Reading and Establishment of Public Hearing Summary Explanation On March 11, 1996, the City Council approved Planning Commission Application No. 96003, Preliminary Plat approval that provided for the subdivision of the parcel of land on which the Budgetel Inn, 6415 James Circle North is located, into two lots. This subdivision provided for the subsequent site approval of a Denny's Restaurant adjacent to the hotel (see attached plan). As one of the conditions of the preliminary plat and building plan approval, a portion of the James Circle North street easement must be vacated. Because the roadway no longer terminates at this location as a cul -de -sac, a large portion of the street easement/right -of -way is no longer needed for roadway purposes. Recommended City Council Action An ordinance is provided for consideration and first reading by the City Council. If the first reading is conducted, the proposed ordinance will be published along with a notice of public hearing. After the second reading and public hearing, the City Council would then consider final adoption of the ordinance. I I CITY OF BROOKLYN CENTER 0 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 may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating part of a street easement (James Circle North) in Registered Land Survey Number 1482. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF STREET EASEMENT (JAMES CIRCLE NORTH) IN REGISTERED LAND SURVEY NUMBER 1482 HENNEPIN COUNTY MINNESOTA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of a Street Easement in Registered Land Survey Number 1482, according to the plat on file and of record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: All that part of James Circle North, to be vacated, lying southerly and westerly of the following described line: Beginning at the Northeast comer of Tract A, Registered Land Survey Number 1482 according to the records on file in the Office of the Registrar of Titles, Hennepin County, Minnesota; thence South 15 degrees 36 minutes 31 seconds West, an assumed bearing along the west right -of -way of James Circle North, a distance of 54.50 feet; thence continuing on an extension of the westerly right -of -way of said James Circle North, a distance of 62.91 feet; thence along a tangential curve to the east, a distance of 131.24 feet having a central angle of 88 degrees 27 minutes 53 seconds and a radius of 85.00 feet; thence South 17 degrees 07 minutes 48 seconds West, a distance of 17.74 feet too the south right -of -way line of James Circle and there terminating. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1996. ATTEST: Mayor City Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) 11111 X111 • •• ' : ,� . �► E � '� 1. ► == �� �� I ■� i ii i . � . 11 11111111 ;;I .., ►� � �.��. �i iC i i ��' � � r 11 111 1111 �� • 1 � 111'1 1 1111 11 - WE �� 1 1111 111 I la • � 1■ �, 11 ��� �`����� 11111 �'� ��� 1111 1111 1 1/ ►������ ������1 ■ 1 1 1 11. 1/ 111 I -W AREA TO BE VACATED 30 60 1 � � �q•1J7g° f rj cl) _rte O" • f.. 1C Alf W Pit J • * \ '�� !a T ch • "� r" pg � TRACT A; tlCtno Ld J 8� /� — ••_.. , c=am C...... r co •u ,•wzc•rt• ••m � t ' � �' ' / � q�J � t•+•tc.rt uaa ••aro • ' r r+••r Ro• rw... � n J / �• �' �` ��� PLAN7ING SCHEDULE � \� '�(�''�. � ' �' .rw..at '�� ` 1� QW � �r itax sn_1[tts su RogL_II!� 6�, 1 � l •� ` +.� - / �. Les •LMAWL larT t s• n YACRnkL7SPRUCE Sc ••f s ' 1-Ur CR•l \ l ` w• rrr ® SC sft RRUIVr ss• 7 . • .. � - , 0 WE "WAotuohymus 5 c rot - • s.0 .w w•...r tofu LANDSCAPE PLAI NO t L t SCALE 1' =30' .. •_ I At1gRTECT I; Design Resource Group t I�� MWW......y.M wlMy �.. / •�� Irt•Urirl Y.•....it.UMU re rA. 10..4 •.r.••rr (p � MEMORANDUM DATE: March 21 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer y;p SUBJECT: Resolution Accepting Bid and Awarding Contract, Improvement Project No. 1996 -09, Contract 1996 -A, 1996 Sealcoat Program The City Council authorized the advertisement for bids for Improvement Project No. 1996 -09 on February 26, 1996, by Resolution No. 96 -49. The following bids were received on March 20, 1996: Bidder Amount Allied Blacktop o. 47 P 949.07 $ , Bituminous Roadways, Inc. $48,679.46 Astech Corp. $67,357.36 Caldwell Asphalt Co., Inc. $68,621.50 The 1996 General Fund budget included $100,000 to find this sealcoatin project. g p J its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT PROJECT NO. 1996 -09, CONTRACT 1996 -A, 1996 SEALCOAT PROGRAM WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1996 -09, bids were received, opened and tabulated by the City Engineer on the 20th day of March, 1996. Said bids were as follows: WHEREAS, it appears that Allied Blacktop Co. is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract in the amount of $47,949.07 with Allied Blacktop Co. of Maple Grove, MN in the name of the City of Brooklyn Center, for Improvement Project No. 1996 -09 according to the plans and specifications approved by the City Council and on file in the office of the City Clerk. 3. The City Clerk is hereby authorized and directed to return forthwith to all the bidders and deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 4. The accounting for Improvement Project No. 1996 -09 will be done in the General Fund, Street Maintenance Division No. 142, Activity 781. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member And upon vote 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: March 18, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer Z -;4 0 SUBJECT: Resolution Accepting Work Performed, and Approving Final Payment, Improvement Project No. 1995 -20, Well #5 Annual Maintenance This project was established on January 8, 1996 by Resolution No. 96 -03. A contract in the amount of $9,700.00 was awarded on January 8, 1996 to Alberg Water Services, LLC of Elk River, MN. The contractor has successfully completed all work specified. The final value of the work performed is $16,559.50. This project was quoted as a base bid quote of $9,700.00. Additional units were quoted for repairs and furnishing of parts that were unknown, but expected at the time of receiving quotations. The additional parts costs were $6,859.50. We recommend the Council accept the work performed, and authorize final payment. The cost for this improvement project will be aid b the Water Utility Fund. p Y tY Note: For further clarification, as a part of the annual maintenance work, the pump, shaft, and other parts are removed from the well and disassembled. Until that time, the amount of additional work required is unknown. Our contract format provides for a "base" quote to do work known at the time, plus quotes for additional work items that might be expected to come up during the inspection of the equipment. In this case, additional parts and labor were $6,859.50. Depending on the repairs required, the annual well maintenance contract has varied from $10,000 to as much as $50,000. We usually set aside $50,000 in the water utility for this annual contract. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -20, CONTRACT 1995 -J, WELL #5 ANNUAL MAINTENANCE WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Alberg Water Services, LLC. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1995 -20, Contract 1995 -J 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 according to the following schedule: As Established As Finaled Contract $9,700.00 $16,559.50 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $16,559.50. 3. The accounting for Project No. 1995 -20 will be done in the Water Utility Fund. Date Mayor ATTEST: Deputy 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. 6K MEMORANDUM DATE: March 18 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 5r S .i UBJECT: Resolution Accepting Work Performed, and Approving Final Payment, Improvement PP g Y � P Project No. 1995 -18, New Electric Controls for Wells 5, 6, and 7 This project was established on August 28, 1995 by Resolution No. 95 -189. A contract in the amount of $26,390.00 was awarded on September 25, 1995 to Bacon Electric of Fridley, MN. The contractor has successfully completed all work specified. The final value of the work performed is $26,390.00. We recommend the Council accept the work performed, and authorize final p a Y ment. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED, AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1995 -18, NEW ELECTRIC CONTROLS FOR WELLS 5, 6, AND 7 WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Bacon's Electric Co. has satisfactorily completed the following improvement in accordance with said contract: Improvement Project No. 1995 -18, Contract 1995 -I New Electric Controls at Wells 5, 6, and 7 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 according to the following schedule: As Established As Finaled Contract $26,390.00 $26,390.00 2. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $26,390.00. 3. The accounting for Project No. 1995 -18 will be done in the Water Utility Fund. Date Mayor ATTEST: Deputy 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: March 18, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer SUBJECT: Resolution Establishing Parking Restrictions on 69th Avenue North between Shingle Creek Parkway and Dupont Avenue North Summary Explanation On February 26, 1996, the City Council authorized Improvement Project No. 1995 -05, 69th Avenue Improvements from Shingle Creek Parkway to Dupont Avenue North. On March 11, 1996, the City Council approved a resolution approving the plans and specifications and authorizing an advertisement for bids. It is intended to utilize Mn/Dot State Aid funding to provide for the improvement. As discussed at the public hearing and provided for in the plans and specifications, the roadway has been designed in accordance with State Aid design standards. The design provides for a roadway width that will restrict parking to one side of the roadway (the north side). Currently, there are no posted parking restrictions for this segment of roadway. The attached resolution is therefore provided to restrict parking to one side. This resolution is required by Mn/Dot as a condition of approving the design of the roadway as proposed. It is intended that the parking restrictions will be effective and posted after completion of the improvement. Recommended Council Action Approve the attached resolution restricting parking to one side of 69th Avenue from Dupont Avenue to Shingle Creek Parkway. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON 69TH AVENUE NORTH BETWEEN SHINGLE CREEK PARKWAY AND DUPONT AVENUE NORTH WHEREAS, the City Council on February 26, 1996 per Resolution No. 96-46, ordered Improvement Project No. 1995 -05, 69th Avenue Improvements from Shingle Creek Parkway to Dupont Avenue North; and WHEREAS, plans and specifications for said improvement have been prepared in accordance with Mn/Dot State Aid standards; and WHEREAS, the City Council approved the project plans and specifications on March 11, 1996; and WHEREAS, the design plans and specifications provide for a roadway width that restricts parking to one side of the roadway in accordance with State Aid standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: Upon final completion of Improvement Project No. 1995 -05, 69th Avenue from Shingle Creek Parkway to Dupont Avenue North, parking will be allowed on the north side of the roadway only. Parking shall be prohibited along the entire south side of the roadway and posted accordingly. Parking along the north side of the roadway shall continue to be allowed in accordance with existing postings, ordinances, and regulations. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member And upon vote taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 6M ��ppXLYN CENT BROOKLYN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: March 12, 1996 SUBJECT: Application for Exemption from Lawful Gambling License (Raffle Application) Earle Brown Elementary PTA On March 11, 1996, the Brooklyn Center Police Department received an Application for Exemption from Lawful Gambling License from the Earle Brown Elementary PTA. This application is for an event to be held at the Earle Brown Elementary School, 5900 Humboldt Ave N, on Saturday, April 20, 1996. This application has been approved and will be returned to the Earle Brown Elementary representative after City Council review. The representative will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. \\ Scott Kline Chief of Police SK :kh LG220 For Board Use onl Revo6 /95 Minnesota Lawful Gambling Fee Paid y Application for Authorization for an Exemption from Lawful Gambling License Check # Initals Date Rec , � .� s ; �z i. ,� y ,.r,�k � �K �,5 'Ita ! ' r:. I � ° t + k 1 :1 S � �" yµY�� r„� � H �•� $ - Organ�z�fian ;information _ � 1 Organization Name Previous lawful gambling exemption number a( grotd n Elemer4 PTA Street City S ate Zip Code County X90 I-1 ,6old Ave- N. Brool (Y<<z 55 3o I4��, i Name of Chief Executive Officer of organization (CEO) Daytime Phone number of CEO First Name Last Name Marne of rganiza ion T reasurer First Name Last Name Day ime Phone Number of Treasurer Sue # ri" ' � k Type of lltonprofit Organ�zat�on VCheck box below whi ch best describes Checkthe box that indicates the type of proof attached to this application nization b Y Y our o anization: r9 I IRS letter indicating income tax exempt status aternal © ertificate of good standing from the Minnesota Secretary [] Veterans of State's office 0 Religious (JA charter showing you're an affiliate of a parent nonprofit organization Other nonprofit [D'roof previously submitted and on file with the Gambling Control Board r Gambling PremJSes Information : Name of Establishment where gambling activity will be conducted 6rown Flenlen -la.j( Sc{ ooI Street City State Zip Code County 9 00 Purl Ave 4 BrO6 0 0vi�ew N,, 15 5V 3o W onn ; tN Date(s) of activity (for raffles, indicate the date of the drawing) �QI ��rd ri I �o 1 o a 6 Check the box or boxes which indicate the type of gambling activity your organization will be conducting [] Bingo ( Raffles Paddlewheels 0 Pull -tabs M Tipboards sure the Local Unit of Government and the CEO of your organization sign For Board Use Only the reverse side of this application. Date & Initials of Specialist oval ln�� o� �overnman #��/urrsoC � ° _ Is this gambling premises located within city limits? [� � [� No - - City Name Br - 00 v;m b-VJf, ✓ If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township E3organized unorganized EDinincorporated MIAMI Ltocalnrt Of overnmenf Acknowled merit .. . 9► VIA 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Crumbling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. - Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1 st Gass) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of Application Application Signature of person receiving application Signature of person acknowledging application Date Received: Date Signed: Title of person receiving application Title of person acknowledging application math ot"�href Executi�re �,�cer , I have read this application and all information is true, accurate and complete. Date: Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this form should be directed to the Licensing Section of the Gambling Control Board at (612)639=4000: Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 -627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. EXHIBIT District Director - Re cE, Minnesota Congress of Peison to Contact: D. Armstrong ' y Parents, Teachers and Students Telephone Number: (312) 886 -4718 y Iy83 1910 West County Road B Suite 102 Refer Reply to.. ED: 201:TPS Roseville, MN 55113 y Dale: December 5, 19 This is in reply to your letter dated October 6, 1983 Our records indicate that you were issued the following: Exemption letter dated August 13, 1945 Section of Code 501.,(c) (3) Foundation Status (501(c)(3) only) 509(a)(2) Based cn the above the, tax exempt status of your organization still remains in effect. Sincerely yours, Timothy F. Lambin Chief, EP /EO Review Staff * Your Group Ruling number is 0870 Due to a substantial backlog we have experienced delays in responding to taxpayer requests. Please excuse this inconvenience. i Form ST. 17 N (R.v. 1 -1-61) Minnesota Department of Raven l ie — Sales and Use Tax Division Centennial Office Building — St. Paul, Minnesota 55145 (612) 2Q6-6181 CERTIFICATE OF EXEMPT STAT�fV= ,EXEMPT ORGANIZATION Under the provisions of Section 297A.2S, Subdivision I (p) of the Minnesota Saks and Use Tax Law,.the o certified to be exempt from sales and use taxes on urch whop s below e used exclusively in the P Baca, rent)!s and leases of tan�ibk.personal Property, The property must be Performance of charitable ' religidus or ed cational functions or, in the case of senior c pleasure, recreation or other nonprofit functior itizen ;coups, in the ts�of the group. - Earle Brown P.T.O. CcttHic 59th .•. & HUM Avenue North E S �+�`t►?v Brooklyn Center, Minnesota 55430 Date Issued April 12, 1982 Commissioner of Revenue This certificate is valid until revoked by, the By ` Minnesota Department of Revenue, J. ERLE, Director Sales and Uae ax Division, The exemption does net apply to purchase,, of meals, lodging or tickets of admiss}orl. 3 My of Brooklyn Center 6 I 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 March 25, 1996: MECHANICAL SYSTEMS A ABC Appliance & Heating, Inc. 2638 Lyndale Ave. S. Air and Furnace Care, Inc. 8733 Humboldt Ave. N. B & D Plumbing & Heating, Inc. 4091 Maciver Ave NE Bostrom Sheet Metal Works, Inc. 785 Curfew Street Brooklyn Air Heating and A/C 5801 Lyndale Ave. N. Carver Heating & A/C 109 East 3rd Street Centraire, Inc. 7402 Washington Ave. S. Crown Heating & Cooling, Inc. 500 Foote Street Dependable Indoor Air Quality, Inc. 2619 Coon Rapids Blvd. Egan Mechanical Contractors 7100 Medicine Lake Road Excel Air Systems 2075 Prosperity Road Gas Supply, Inc. 2238 Edgewood Ave. S. Golden Valley Heating & A/C 5182 West Broadway Home Energy Center 15200 25th Ave. N., Suite 128 Maple Grove Heating and A/C 401 County Road 81 Marsh Heating and A/C 6248 Lakeland Ave. N. Minnegasco 800 LaSalle Ave. Owens Services Corporation 930 East 80th Street P &DMechanical Contracting Co. 4629 41st Ave. N. Preferred Mechanical Services 7643 Logan Ave. S. Pride Mechanical, Inc. 3025 NE Randolph Street Quality Air, Inc. 7907 5th Street NE Ron's Mechanical 12011 Old Brick Yard Road Royalton Heating & Cooling Co. 4120 85th Ave. N. Standard Heating & A/C Co. 410 West Lake Street Superior Contractors, Inc. 6121 42nd Ave. N. Swenson Htg and Air Cond. 6700 West Broadway Thermex Corporation 4850 Park Glen Road Vogt Heating and A/C 3260 Gorham Avenue Wenzel Heating and A/C 1955 Shawnee Road Yale, Inc. 9649 Girard Ave. N. Rental Dwellings Initial: Brian Leonard 5619 Knox Ave. N. Renewal: Ira Sklader Brookdale Towers Olympic Development Co. Lyn River Apartments Licenses continued Page 2 Arthur and Dolores Kvamme 5529 Aldrich Drive N. Robert and Bonnie Heal 551 Healy 7 Bryant Ave. N. Kenneth R. Johnson 5301 Winchester Lane Joseph and Patricia Simmon 2913 64th Ave. N. Sign Hanger Lawrence Sign 945 Pierce Butler Route The Neon Shop 1839 Central Ave. NE Nordquist Sign Company, Inc. 312 West Lake Street Sign Solutions, Inc. 3810 West Broadway Ave. Topline Advertising 1471 92nd Lane NE General Approval: Sharon Knutson, City Clerk I MEMORANDUM DATE: March 19, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 5* SUBJECT: An Ordinance Vacating Part of a Utility Easement BROOKDALE SQUARE 2ND ADDITION Summary Explanation On January 8, 1990, the City Council approved Ordinance Number 1990 -01, which provided for the vacating of an existing utility and drainage easement in Lot 1, Block 1, Brookdale Square, 2nd Addition. As a result of a pending sale of the property, it had been discovered that a portion of the legal description adopted in the 1990 ordinance was not correct. Representatives of the property therefore requested the City to again consider vacation of the easement with the correct description provided. On February 26, 1996, the City Council conducted the first reading of the ordinance and ordered a public hearing to be held on March 25, 1996. Because this procedure is considered to be an administrative, or "house keeping" task, no comments or objections were expected, and none have been received. However, a public hearing must still be held to consider adoption of a new ordinance with the correct legal description. Recommended City Council Action This ordinance was first read on February 26, 1996, and published in the City's official newspaper. It is recommended that the Council hold the public hearing, conduct the second reading, and approve the ordinance vacating the easement. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held Y g P g he on the day of , 1996, at 7 p.m. or as soon thereafter as may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider vacating part of a utility and drainage easement in Lot 1, Block 1, Brookdale Square 2nd Addition. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in P q advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING PART OF A UTILITY AND DRAINAGE EASEMENT IN LOT 1 BLOCK 1, BROOKDALE SQUARE 2ND ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That part of a Utility and Drainage Easement in Lot 1, Block 1, BROOKDALE SQUARE 2ND ADDITION, according to the plat on file and of record thereof, Hennepin County, Minnesota, described as follows is hereby vacated: Commencing at the southwest corner of said Lot 1; thence North 50 degrees 26 minutes 02 seconds East, assumed bearing, along the southeasterly line of said Lot 1, a distance of 297.73 feet; thence North 89 degrees 09 minutes 08 seconds East, along the south line of said Lot 1, a distance of 914.34 feet; thence North 0 degrees 06 minutes 24 seconds East, a distance of 5.00 feet to the actual point of beginning; thence North 0 degrees 06 minutes 24 seconds East, a distance of 585.61 feet; thence South 69 degrees 17 minutes 21 seconds West a distance of 10.70 feet; thence South 0 degrees 06 minutes 24 seconds West, a distance of 581.97 feet; thence North 89 degrees 09 minutes 08 seconds East, a distance of 10.00 feet to the point of beginning. 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.) i 0 ` R L s %a are Tl <m 10 FT. ORAINASE 3 ' UTILITY EASGe,T EASEMENT PROPOSED FOR VACATION a z ' - BROOKDALE SQUARE 2ND ADDN _ I b BLOCK 1, LOT 1 _ z � , / f .o r 1 I 10' 1 UTILITY EASc3EM I 7 I i 1+ , t#iOdtUA Fcm 1 1 CO RD 10 1 BROOKDALE SQUARE EASEMENT VACATION MAP 1 i 60TH AVE 4 'l 1 i Z ASEMENT tAJ STH AVE N LOCATION >11 N , RE ! C` 500, iRL > \� Y �\ OR � ■ „ \.. I CO RD NO 10 r r STN AVE N VICINITY MAP OF BROOKDALE SQUARE EASEMENT VACATION MAP 2 • MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Spe "listz Subject: City Council Consideration Item - Planning Commission Application No. 96002 Date: March 20, 1996 On the March 28, 1996 City Council Agenda is Planning Commission Application No. 96002 submitted by Sunlite Properties requesting a Planned Unit Development (PUD) Amendment to build an approximate 69,000 sq. ft. office /industrial facility on a 6.25 acre site located west of Parkway Circle north of the Holiday Inn. Attached for your review are copies of the Planning Commission Information Sheets for Planning Commission Application No. 96002 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development and the Planning Commission minutes relating to the Commission's consideration of this matter. This matter was considered by the Planning Commission at their February 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 • Planning Commission Application No. 96002 Applicant: Sunlite Properties Location: West of Parkway Circle, North of the Holiday Inn (To be addressed as 6601 Parkway Circle) Request: Planned Unit Development Amendment The applicant, Sunlite Properties, is seeking an amendment to the Planned Unit Development approval for this area in order to build a 69,778 sq. ft. speculative office /industrial building on a 6.25 acre site located west of Parkway Circle, north of the Holiday Inn. The site is the same site for which the City Council granted Site and Building Plan approval for an 80,000 sq. ft. office /industrial building for General Litho Services, Inc. and a Special Use Permit to the same applicant for the placement of fill in the flood way which would alter the location of the 100 year flood line on the site. These applications (Planning Commission Application No. 95004 and 95006) were approved by the City Council on March 27, 1995, and May 22, 1995. General Litho, however, chose not to proceed with their development plans. This same property also became part of a Planned Unit Development Rezoning when the City Council approved Planning Commission Application No. 95009 on July 10, 1995. That Planned Unit Development encompassed a number of contiguous tracts of land located northwesterly of the intersection of Shingle Creek Parkway and Freeway Boulevard. The purpose of this Planned Unit Development was to accommodate and acknowledge various developments and the common area parking arrangement for these developments. (See City Council Resolution No. 95 -157). The current applicant has submitted a new, but similar, plan for the development of this area. The property under consideration is part of a PUD /1-1 zone and is bounded on the north by the Metropolitan Council Transit Operation (MCTO) operation garage and the Spec 10 office /industrial building which houses the Target Audit Division as a principal tenant; on the east by Parkway Circle (a non - public roadway serving as access to the buildings in this area) with a central parking lot serving buildings in the area on the opposite side; on the south by the Holiday Inn; and on the west by Shingle Creek and its accompanying green strip. ACCESS /PARKING Access to the property is to be gained via Parkway Circle from Shingle Creek Parkway. Two drive -ways, one at the southeast corner of the site and the other a shared access with the building to the north at the northeast corner of the site, provide vehicle access to the proposed facility. Parking on the site would include 170 parking spaces located on the north, east and south sides of the proposed building. The applicant is planning Page 1 2 -14 -96 to have a maximum of 30 percent of the building in office occupancy with the balance as industrial or warehouse occupancy. The parking requirement for an industrial use with an office component is a combination of both the office and industrial parking formulas based on the square footage devoted to each. The office parking requirement is one space for every 200 sq. ft. of gross floor area, while the industrial parking requirement is one space for every 800 sq. ft. of gross floor area. In this case, the proposal calls for a maximum of 20,933 sq. ft. of office and a maximum of 48,844 sq. ft. of industrial or production /manufacturing /warehouse in the building. This breakdown would, therefore, require 105 parking spaces for the office component of the building and 61 spaces for the industrial component of the building for a total of 166 required parking spaces. There is, therefore, a surplus of four parking spaces provided on the plan. The plan also calls for 20 additional parking spaces along the north property line which are accessed from the abutting property to the north. These parking spaces are to be dedicated as off -site accessory parking for the sole use of the adjoining property. There currently is an encumbrance on the subject site requiring it to be able to provide up to 153 parking spaces for the sole use of the adjoining property to the north. This requirement was part of the Planned Unit Development Rezoning and Proposal mentioned earlier in the report which is being modified by a new agreement affecting various parcels within the Planned Unit Development area. A continuation of the off - site accessory parking agreement for 20 spaces, rather than 153, is still required of this property and will be acknowledged in the final agreement. This final agreement will have to be executed and filed with Hennepin County prior to the issuance of building permits for this site. The on -site parking area, as well as the 20 off -site spaces, are bounded by B -612 curb and gutter and meet the minimum requirements for stall width and depth for 90 degree parking. Appropriate parking protection areas and 25 ft. wide drive lanes are also provided. The office portion of the proposed building will be along the north side where most of the available parking will be located. This is a change from the General Litho plan which did not have an abundance of parking along the north side of the building. The front of the General Litho building faced east. This arrangement allows for the potential of up to four tenants, each having office access to the north parking lot along the north side of the building. Two loading dock areas containing three loading berths each are located on the south side of the building. These berths will service the potential tenant spaces. A minimum of three berths are required for a manufacturing facility of this size. The loading berths exceed the minimum size requirements contained in the City's Zoning Ordinance. r Page 2 2 -14 -96 GRADING /DRAINAGENTILITIES • The drainage plan proposes to drain the parking lots into various catch basins which will convey storm water via storm sewer ultimately to a storm water detention and treatment pond located southwesterly of the building. This detention and treatment pond is in the same location as the detention and treatment pond proposed for General Litho. One difference between the two plans is that a smaller detention and treatment pond located along the northerly side of the building is being eliminated under this plan. Storm water collected in the north parking lot will be conveyed via catch basins and storm sewer around the westerly side of the building to the detention and treatment pond on the southwest side. This detention pond has been sized accordingly to handle all of the storm water run off from the north and south sides of the building. The City Engineer has noted that the applicants will need to address drainage at the northeast corner of the site. It appears that they may need to provide additional catch basins connected to existing storm sewer in this area in order to not aggravate an existing drainage problem or regrade the site to prevent runoff. See the City Engineer's report (attached) relating to the project. The proposed finished floor elevation for the building is 849.1 ft. which is slightly lower than the 850 ft. elevation proposed for the General Litho building. This 849.1 ft. elevation is well above the 100 year flood elevation of 844 ft. The drainage plan and wetland mitigation proposed for the westerly side of the building, in the area by Shingle • Creek, is basically the same plan as provided for the General Litho site. In fact, the consulting engineer is the same for both grading and drainage plans. This site is over five acres and also abuts Shingle Creek, which are two criteria requiring Shingle Creek Watershed Management Commission review and approval of a storm water plan for this property. A previous, similar storm water plan was reviewed and approved by the Shingle Creek Watershed Management Commission. It is not anticipated that there will be problems in this area. The wetland mitigation plan is also required to be reviewed and approved by the DNR and the Army Corps of Engineers. Water will be provided to the building along the south side being hooked up to an 8 -inch water main at the northeast corner of the site. Sanitary sewer will be provided at the east end of the building. These mains are not City mains and the applicant will be responsible for confirming their availability and get authorization to connect to them. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. Although this site is 6.25 acres in area, there are approximately 1.63 acres of wetland which will be left in a natural state including seeding and plantings as required by Army Corps of Engineers' standards. The balance, or 4.62 acres, will be landscaped. These 4.62 acres require 363.4 landscape • Page 3 2 -14 -96 points. The applicant's proposal calls for 391.5 landscape points through the use of a combination of 16 shade trees 160 points), 13 evergreens 78 points), 25 decorative trees (37.5 points), and 232 shrubs (116 points). Four Summit Ash trees are provided on the 15 ft. greenstrip located along the east side of the property by Parkway Circle. The majority of the other shade trees such as Hackberry and Sugar Maples are located to the northwest and at the southwest corner of the building. These shade trees are interspersed with decorative trees such as Amur Maple and White Spruce. Shrubs such as Red Barberry, Gold Drop Potentilla and Mock Orange are found at the northwest corner of the parking lot, the southwest corner of the parking lot and close to the building along the south and east sides. Other shrubs provided include Sea Green Juniper, and Buckthorn Columnar. Canada Red Cherry, Red Splendor Crab and Spring Snow Crab are other decorative or ornamental trees provided around the site. Canada Red Cherries are found on either side of the south entrance to the site as well as being interspersed along the south side of the building. Red Splendor Crab and Spring Snow Crab are indicated in the greenstrip around the off -site parking being provided for the building to the north. As indicated previously, the plan does call for a 15 ft. greenstrip along the Parkway Circle access drive between the two access points. This area should be sodded as well as the area around the off -site parking lot and the parking provided for this building along the north side. Sod will also be provided in the area adjacent to the building which is not part of the natural wetland area where seed is being provided. The proposed landscaping seems to be well distributed around the site. Underground irrigation is required in all landscaped areas, except for that area to the west which is part of the wetland mitigation or natural area. BUILDING The building exterior is proposed to be FabCon uniform ribbed red aggregate precast concrete panels. Canvas canopies are proposed over the doorways leading to the potential tenant spaces. Aluminum door and window frames are also to be provided. Windows will be provided along the north elevation in the office areas. There is a potential for mezzanine space and windows may be provided in these areas as well. LIGHTING/TRASH The applicant's site plan does not indicate the location of lighting within the parking lot. He has indicated, however, that they will be using wall mounted light fixtures around the building to light both the building areas and the parking facilities. No trash enclosure location is shown on the plan. The applicant has indicated that trash will be handled inside the building. We would recommend, however, that there still be a condition to require trash screening if there is to be any outside trash facilities. PUBLIC HEARING A public hearing has been scheduled for the amendment to the Planned Unit Development and notices have been sent as well as notice appearing in the Brooklyn Page 4 2 -14 -96 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. As mentioned previously, this plan is very similar to the General Litho plan which was approved a little less than one year ago. Watershed and other agency reviews of the storm water plans, the wetland mitigation plan and the alteration of the flood line are being reviewed and it will be necessary to meet their requirements. Also, it should be noted that the proposed building will create an encroachment into an existing drainage and utility easement. An appropriate easement vacation for that part of the encroachment will have to be accomplished by the City through an ordinance amendment prior to the issuance of any building permit for the proposed expansion. RECOMMENDATION The plans appear to be in order and 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 by the City Engineer prior to the issuance of building permits. • 3. A performance agreement and supporting financial guarantee in an amount uaran N � t �N ' � t to be determined based on cost estimates shall be submitted prior to the issuance of permits to ensure 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 building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 6. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery, which is subject to Chapter 34 of the City Ordinances. 8. B -612 curb and gutter shall be provided around all parking and driving areas. • Page 5 2 -14 -96 9. The applicant shall submit an as -built survey of the property, improvements • and utilities 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 onstruction as approved b the Engineering 9 PP Y 9 9 Department. 12. The storm drainage system shall be approved by the Shingle Creek Watershed Management Commission prior to the issuance of permits, and the following financial guarantees will be deposited with the City Engineer by the applicant: A. A $2,500 cash surety as required by the Wetland Conservation Act. j B. A $5,000 cash surety to ensure completion of required wetland monitoring. 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 permits. 14. The 20 parking stalls indicated on the north side of the site shall be dedicated as off -site accessory parking for the sole use of the adjoining property to the north. Said declaration shall be filed with the titles to the property prior to the issuance of permits. 15. The amended agreement for parking on Parkway Circle, the central parking lot and adjoining area relieving the subject property of its 153 parking stall encumbrance and an appropriate amendment to the easement agreement and declaration of covenants relating to these properties shall be executed and filed with Hennepin County prior to the issuance of permits for this project. 16. All work performed and materials used for construction of utilities shall conform to the City of Brooklyn Center's current standard specifications and details. 17. The applicant shall receive the appropriate a rovals from the Shingle PP 9 Creek Watershed Management Commission, the Army Corps of Engineers Page 6 • 2 -14 -96 • and the Department of Natural Resources prior to the issuance of permits for this project. 18. An ordinance amendment vacating a portion of the drainage and utility easement on this property affected by the proposed building expansion shall be accomplished prior to the issuance of building permits for this project. • Page 7 2 -14 -96 Member Kr4sten Mann introduced the following resolution and moved its adoption: RESOLUTION NO. 95 -157 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO: 95009 SUBMITTED BY THE CITY OF BROOKLYN CENTER WHEREAS, Planning Commission Application No. 95009 submitted by the City of Brooklyn Center proposes rezoning from I -1 (Industrial Park) and C -2 (Commerce) to PUD /I -1 and approval for a Planned Unit Development to accommodate appropriate common parking areas for the properties located northwesterly of the intersection of Shingle Creek Parkway-and Freeway Boulevard; and WHEREAS, this proposal includes the rezoning of the properties addressed as 6601 and 6707 Shingle Creek Parkway (Tract G, RLS 1572 and Tract A, RLS 1564 respectively) ; 6601 and 6701 Parkway Circle (Tract A, RLS 1572 and Tract B, RLS 1564 respectively) ; 2000, 2100 and 2200 Freeway Boulevard (Tract B, RLS 1619, Tract A, RLS 161.9 and Tract B, RLS 1572 respectively); and the north and south portions of the central parking lot (Tract C, RLS 1564 and tract C, RLS 1572 respectively) and the development of a new - agreement for the purpose of creating certain parking, driveway and access rights upon the above stated properties; and WHEREAS, the Planning Commission held a duly called public hearing on June 29, 1995, when a staff report and public testimony regarding the Rezoning and Planned Unit Development were received; and WHEREAS, the Planning Commission 'recommended approval of Application No. 95009 by adopting Planning Commission Resolution No. 95 -1 on June 29, 1995; and WHEREAS, the City Council considered Application No. 95009 at its July 10, 1995 meeting; and WHEREAS, the City Council has considered this Rezoning and Planned Unit Development request in light of all testimony received, the guidelines for evaluating rezonings contained in Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development ordinance contained in Section 35- 355. and in light of the City's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 95009 submitted by the City of Brooklyn Center be approved in light of the following considerations: i Resolution No. 95 -157 1. The Rezoning and Planned Unit Development proposals compatible with the standards, purposes and intent o f re the Planned Unit Development section of the City's Zoning Ordinance. 2. The Rezoning and Planned Unit Development proposal will allow for the utilization of 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 permitted on surrounding land. 3. The utilization of the property as proposed under this Rezoning and Planned Unit Development proposal will conform, for the most part, with City Ordinance standards. Variation from the parking requirement for the Holiday Inn allowing it to relinquish its rights to 65 parking spaces allocated to it in the central parking lot is justified based on.a double counting of the parking requirement and the experience of approximately ten years which indicates no need for the additional 65 parking spaces. A lesser parkin L g standard rd can e b permitted also on the grounds of the complementarity of peak parking demands by the uses within the PUD. 4. The Rezoning and Planned Unit e D velopment proposal are considered compatible with the recommendations in the City's Comprehensive Plan for this area of the City. 5. The Rezoning and Planned Unit Development appear to be a good utilization of the central parking facility and access road and -can be considered to be in the best interest of the community. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the approval of Application No. 95009 be subject to the following conditions and considerations: ?• The Sixth Amendment to Easement Agreement and Modification of Declaration for Parking shall be executed by all parties and be filed with the titles to the property with the Register of Titles at Hennepin county. 2. Approval of this Planned Unit Development acknowledges the following uses within the district: a. a 20 percent office /80 percent industrial • occupancy of the Shingle Creek 11 building located t a 6707 Shingle Creek Parkway; Resolution No. 95 -157 b. a 100 percent office occupancy of the RCM Plaza building located at 6707 Parkway Circle; c. the development of an 80,000 sq. ft. office industrial building for General Litho approved under Planning Commission Application No. 95004 at 6601 Parkway circle; d. a 60 percent office /10 percent clinic /30 percent industrial occupancy of the building known at Parkway Place, 6601 Shingle Creek Parkway; e. a hotel, restaurant, nightclub, meeting room and ballroom use of the Holiday Inn, 2200 Freeway Boulevard; f. a 100 percent office occupancy use for the Minnesota State High School League office building, 2100 Freeway Boulevard; g. a restaurant use as proposed by Country Harvest Buffet approved under Planning • Commission Application No. 94014 at 2000 Freeway Boulevard; h. and a parking 'lot use of Tract C, RLS 1564 and Tract C, RLS 1572. July 10, 1995 Date Mayor ATTEST: v Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member' Kathleen Carmody . and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Barb Kalligher, Kristen Mann, Debra Hilstrom, and Kathleen Carmody; and the following voted against the same: none, where upon said resolution was declared duly passed and adopted. `' 1 �" X1111 Q;�'` �i v `! � :..� �► ♦♦ ♦♦ ♦ • ♦ '► ♦ �.► �' `'� z . . . 1111111111 X111 •''�Sr s'� '' � � •� � 1111 �' ��� :::: ii r• ® "�'►' E`er �� �, / / /il■ Now man gs - ► 11 1111111111 111 . ,,,►s �� �� �� �� �� ai P 1� 11� �♦ I's II � � � � ►`�.�♦ ♦♦ � '' fir �::: ' — NIV ��,::= ;�:.5 ♦ VII I� ,r . n it M. 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In. • a•N ftNa YA,"u / • s — s[,u It.w.ua 117101 DK Aell ^� O [UCTAC MTV ururY wlualrm - NO anso(1 ALTA /AGSM LAND TITLE SuRvEY tU1 9rs R SSOC. A 11C OROOIISTOME REAL ESTATE SERIAUS ]OD 1x Hr• » - f•r rN NF•n - tNl 1 72f71. vu 717701 flat ` I i ro• -a • r r .r.r Nn°.r rf Y•Y.Y- II.I.I.«C «41 eN.f'l If Yr.. N'..•! -I W... «•r1•I.r ••°. MLL �pM N rIPI. ,YN 1 GYM y°. 1 I —'� � — i�° P«RlrN D �I✓•[fd 1!'V•Q trfr. NTlrpr A11w GLOL,�1C� °��.G P,rd OnNW NM.gp Y rfeA — I — — MY NIIirMDPAVfr —, . I�r• ' rR.D�•t fMMr, ul I I I I NNnQN !.I. NIIr�Wf _ TTfX NNM°iI I.Ntl ° I f .• -r Y� .CfNr fA A M A N \ - -1 ----- -1 --y— - - -I - - -4 - -- --- +-- --I - -- — — — f - - -I- -- 1 -- Al- 5 + + + - _ 6xK 1 \ w O _ _ ° rows s.nn ° ` ( rwrrewy« ra•rarn sra°P caewn sroor �.�rw \ J _ \ w.an.e •evro w..°ro rwo.e ' BUILDING b PARKING DATA NOTES Blumentais/ Sw1f 170 \ r°r,a «u.°fa.rr, ,.rsgn. � wA�. ire rarw:a ilr�or NN~r.I °C r"^"wa 1fcmtsctws lac 6wiy, Ci,l «. 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'}' \ • YIIA Mnr � Nom'.' / � � � N iq'ID • wwlR1 G I O • N M • Iw ° �w a' \ `\ r11 �IwI1 1 ! w,n wwr �uw.r • G • G • n�iew.w p \ � \ \\ + —„. •c�slvaG •:�°�•""� Sw4ONIYG ,1 1t'DD[Pwti \ �. ) .11.D1w. •�IV�. \ LANDSCAPE SCHEDULE wcrrwllr . 1,...0 4a ta a.ou)w.. re •J1•• i -D Iw"w'. • I Ir•!c / IWtc w101w1aR � uwts Lw0.p,y L ow IDJ.cNr rn 1 . • ...� N�o�.un rn A IrOII p UYV11 M1 INieTiYfsi — ` — ' \ !Va FitrraGTlT�w,a� \ / 4u. winK;c+i I ire LANDSCAPE NOTES LANDSCAPE REQUIREMENTS Blumentel6/ /:07 c.w. rEary enuaw. +. wwLOw � . rVladlL.L wwLD Dww' .•.w- — R.rcNliNuri Ii1C r.wp cww. biii Mi l ° M r•"! a"iRw � � -!1• \v/ NL MYMDI r.►,L•D OItwNA nLW •n OIMIWY D•,DIYAD MA M1 •N.Ln{•.YM1YOOI...CIA. .. Jrl .Y.!{1 11•x.41 Y ,ODND, 1wGV1 Y "Ot1D. 110ltpwP10 Maww•tKN ,TNYT tD M HWIDIO 1011,GDOfD IIIwY l4tl I0t11N • IIIQ 711 . 7))! IIL (117) 711.7111 MO hANIM p101. 111G//1 N r0A0. J1lM L r•OM,r • W1 •1VHD1 1. =— 1•rr1DYP.0 r4 W 1• C.t!• ONa rY1°G Y,D M1Arol11, wL Ww,D lat•IOMIt {rO1NA1aA1y KL /LMTIf WM.LO.4 MRlN �I 10D 1 fLLC.1 I111Y ItAq ,11x1!. M •• wDLL 101• vNIL mOM rya N10.wD /110vRD 1•J ►.T r/0 GZ ^ ,t Nr/91 ILl MIY OwI0 /D Cw p,NalD mot — ow" t—o— L W, 11L41 N rwrtOnlwrwWO Y NO�I1110. ,v1,On/ UvO,GM GP11wKIDw WILL W114LYIIwTtQ°• —LGit1 ff O N1OGwLY" GODIw M1D OMw rn N.M CD.twIGIOw1 LOGIC• IviwGla4a W A DO•wf/1DW M1. W!r 11C I.111C11 IO I11T 140,GII1 GMtwYGtKN ON1Mal'K wl .1 '- CP11aIGTCw t0 r'r4DAGT ILL Nu1IM MO NW x11 G41,t1YGtLN r.wM " ,y olraow Qtw•IWL ft STEFFENS MULTI- TENANT BUILDING A l i 1Lw.nnu " K+wOLLl roli<m rlowutlorl Orf.T. Gowtw,lc(ww wlaa BROOKLYN C ���}Ep MINNEGOTA ' AOViD1 M1.Wt '16 o p O"_ TOIIL IIWO,D 111.T Eh LAND81APE PLAN IV e pq LANDSCAPE PLAN Ll + 2 3 4 5 6 7 8 B� 10 11 12 19 14 ib t y.d y :p� ai -f ti•�' �f. ti 1f. t• vd '4 4 �Cd I 1 i o- T_ N i FLOOR PLAN uic'•i •o• u. (ut) sa -sta tti pull wau /ro�ott tq y�.n Iy Oa�o ►9�•N An rte to eauwo ! . STEFFENS MULTI- TENANT BUILDING BROOKLYN CENTER MINNESOTA FLOOR PLAN A2 ! I 14 13 12 11 - I - r t- r :"i t. -r - -r- - - _ rYr_ �._ r "_ _- _ _ I�1L_L__: :I_r._I. I. �Lr__ -_I_ l r L 1= �_�L_rL� :.t r. 1= t_� :_C��` ?t '-LLl_ - - - C- I :NORTH ELEVATION Nh • 10 11 12 13 14 15 _L ..LL1_1HL_I_I_LI_ - - _C_LI r _J- L1- 1_C_ Lr_LCL1 = :f.L[ r : r (LLCCU_L ran __cr_��rr� -a :. F ��. _ FM— -=C 2 SOUTH ELEVATION ;: I glgllip III gqllq�iqlHIM 11ib "W °w �"`$ I�I�II�nIIa�I�IIIi�gIIIiiNI�I�NI���i�IN� rr J.- r_ I . I... L. I 7h -� 1I11 q 3 EAST ELEVATION 1 . e•e 14 f{ e Blumentaill f:u X70 R7CIUIrtCSuri Inc C, A B o E gllllgqqqiql,Jlqlliqlq ql ggll, gllll g IIIIq ��°. ,,,» >„_,�» ,� (,.7) 11..7 ° _N_II r nui IviW .: t�.ae Ad, 1I.4 � I_.I_f.J_ J I.- �..�. :.r � :_- �` u 1 - - I to I x pp (�r f ff r l�l�l�l��l��i��q �... 11 I _. N ! r ._l. _ I(_ 1 P $ STEFFEWS uuLYI- TENANT BUMINO III I } BROOKLYN CEHTEK MINNESOTA i .......... 3 ......:.......! _.._.__i_... ELEVA710N8 V Pt 9 "a WEST ELEVATION nn nn 5 ELEVATION DETAILS r • � �� uc'•i•d as ��J NEEMORANDUM DATE: February 12, 1996 TO: Ron Warren, Planning and Zoning Specialist FROM: Scott Brink, City Engineer SUBJECT: SUNLITE PROPERTIES PROPOSED SITE DEVELOPMENT PLAN (Steffen's Multi -Tenant Building) A review of the proposed site grading and utility plan has been conducted, and the following comments are presented as follows: 1. The overall site grading plan is very similar to the plan previously approved by the City and the Shingle Creek Water Management Commission in 1995 as General Litho. The Watershed's Engineer has again in reviewed this lan, and has stated the following requirements: P g q A. A WCA(Wetland Conservation Act) Wetland Replacement Plan must be submitted and signed b the developer. 0 g Y P B. A cash surety in the amount of $2,500 be deposited with the City by the developer as required by the WCA. C. A cash surety in the amount of $5,000 be deposited by the developer with the City to ensure completion of wetland monitoring. This surety will be held for five years, as required by the WCA. D. Submittal of an Operation and Maintenance Plan which will maintain the outlet control structure and permanent pool in the storm water treatment pond. The plan shall be incorporated into a utility maintenance agreement that assures the designated operation and maintenance procedures will be faithfully executed. E. Easements shall be granted over ponding areas and other hydrologic/hydraulic features. The applicant /developer must provide the City with legal descriptions describing all easements. The above requirements should be incorporated into an Easement and Utility/Maintenance Agreement. 2. The northwest corner of the proposed building extends into an existing drainage easement. In dd' a ition, it appears that the extension of the existing 72 inch diameter pipe will likely require an addition to and /or modification to the easement. The applicant /developer must therefore provide the City with legal descriptions describing all easement vacations and revisions as needed to accommodate the ro osed constructions. P P 3. As shown, the existing 72 inch diameter storm sewer will be extended. Because of the high amount of storm water discharge through this pipe, the proposed CL 3 Rip Rap at the outlet may not be sufficient to provide adequate erosion protection and long term maintenance. It is recommended that a properly designed flow dissipation device, concrete cable revetment, or other sufficient measure be installed. In addition, the existing storm sewer dissipation device is a very heavily designed and constructed concrete structure. Because of its size, it is unlikely that this structure can be salvaged and re -used. However, the structure must still be removed. 4. A continual drainage problem has existed upon the adjacent property at the northeast corner of this property. In order to prevent compounding of the problem by this development, it is suggested that the grading and utility plan be modified to provide either of the following: A. The site be regraded to prevent any runoff from the Sunlite property to the northeast. B. Catch basins be added at the proposed northwest driveway entrance and connected with existing storm sewer. 5. Sanitary sewer and water services are shown. The mains shown are not owned by the City and their sizes and location cannot be confirmed. Since the mains available are privately owned, the applicant /developer is responsible for confirming their availability and attaining proper authorization to connect. 6. Hydrant availability and locations should be confirmed by the Fire Department. MEMO To: Michael J. McCauley, City Manager From: Ronald A. Warren, Planning and Zoning Specia ' t j ' Subject: Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land Date: March 20, 1996 On July 10, 1995 the City Council passed Resolution No. 95 -157 which approved Planning Commission Application No. 95009 submitted by the City of Brooklyn Center. That application involved a request for rezoning from 11 (Industrial Park) to PUD /11 (Planned Unit Development /Industrial Park) and approval of a Planned Unit Development proposal to accommodate appropriate common parking areas for the properties located northwesterly of the intersection of Shingle Creek Parkway and Freeway Boulevard (see attached map indicating the land considered for this Planned Unit Development Rezoning). The last step in this rezoning process is a housekeeping ordinance amendment that describes the property that is being rezoned. This ordinance amendment had a first reading on July 10, 1995, was published on July 19, 1995, and was presented to the City Council on August 14, 1995 for public hearing and consideration. Following the holding of the public hearing on this matter, the City Council tabled the ordinance amendment to a future unspecified date. The reason for this action was that the required development agreement for this area had not been finalized. The City was not in a position to take the final action to approve the Planned Unit Development Rezoning until all appropriate documents had been executed. The approval of the development agreement is on the City's EDA agenda for March 25, 1996 and it is, therefore, appropriate for the City Council to finally adopt this ordinance amendment. The effective date of this ordinance will be March 25, 1996. Attached for your review is a copy of page 5 of the August 14, 1995 City Council Minutes at which time the Council tabled this ordinance amendment following the public hearing on this matter. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of August , 1995, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance regarding the zoning classification of certain land. 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 CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35-1190. COMMERCE DISTRICT (C -2). The following properties are hereby established as being within the (C -2) Commerce District zoning classification: [Tract B, R.L.S. No. 1572] Section 35 -1200, INDUSTRIAL PARK DISTRICT (I -1). The following properties are hereby established as being within the (I -1) Industrial Park District zoning classification: [Tracts A, B, and C, R.L.S. No. 1564] [Tracts A, C, and G, R.L.S. No. 1572] [Tract A, R.L.S. No. 1619] Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD). The following properties are hereby established as being within a (PUD) Planned Unit Development District zoning classification: 3. The following properties are designated as PUD /I -1 (Planned Unit Development/Industrial Park): Tracts A. B. and C. R.L.S. No. 1564: Tract A B C and G R.L.S. No 1572: Tract A and B, R.L. S. No. 1619. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. • ORDINANCE NO. Adopted this day of , 1996 Mayor ATTEST: City Clerk Date of Publication July 19, 1995 Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) • 1� IIIIIIIIH x!!11 �� �� �► �ri� C : -��! �►'``���� ��� ��1 ♦ � ♦ � � ,, �:� �� m Dow— MIN Hill • 1.1111111111 x!1111 �/ 1 �� ', v � � �� �� �� �� � I� � �' ►`: - � l� 1111 ■��I/ .... ■�. v _ _ _ 11 111 /iii!■ iil mi ii , i �"� �� == �:: � ,.� .. - 11 Bill -n an __ _ / 11.2..., u..w...a�s` ►.. l , \ \ \`\ \ �` � ♦ • ,�'� � !��,��� - - - - ,, ���we.. _._:a�eeeeee�eeeeee�:�0`��` �.Q,•;�'�:.`�S �� ♦ ♦ ♦ • � � 1 \1► � � �' � 1 .11//111 f�; c:� ►�;;: � - � • 1111111 X11 1111 ��� ' ' •_..� I � � � � ' - � '111 111 11!1!11 ��� � X11 11 1 /111111/ ►� ♦��� ��! ■ 11111111 ►�* � �,; � '. n. Ili ■ 1111 ■1 ill! ■t■ ������� !1111 � 1111 1 IIII ; �III ����:�:�:�������� ■ 1 t 1t � � � , 11 11 1 Pulf �� as a result of a recommendation by the communications task force. Still in planning stages, the committee is looking at an ongoing program not a one -time shot. The subcommittee will make recommendations on customer service training and will update the council at a later date. Councilmember Hilstrom reconfirmed her desire to participate on the subcommittee, and council affirmed her desire accordingly. Mayor Kragness also indicated a desire to attend the meetings, if held in the evenings. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND The Interim City Manager indicated a staff desire to have the ordinance tabled. A motion by Councilmember Mann and seconded by Councilmember Hilstrom to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land. The City Attorney explained notification regarding a public hearing pertaining to the ordinance had been done and suggested Council proceed with reconsideration and conduct a hearing for the ordinance to eliminate the need for rescheduling a public hearing. Councilmembers Mann and Hilstrom withdrew their motion to table the ordinance and respective public hearing. Mayor Kragness opened the public hearing at 7:27 p.m. and inquired if there was any public input regarding the ordinance at hand. On the advice of the City Attorney, Councilmember Carmody moved and Councilmember Hilstrom seconded that the public hearing be closed. The motion passed unanimously. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to table An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Classification of Certain Land passed unanimously. IMPROVEMENT PROJECT NO. 1995 -11 Staff recommended that the bids previously submitted be rejected and the project rebid with revised specifications. Councilmember Mann asked if the new specifications will be written so only one company can bid. The City Manager stated this will absolutely not occur, and the revised specifications will change the kind of materials to be used in the project. Councilmember Hilstrom asked if Lametti and Sons, Inc. has had the opportunity to review staff's report and respond. The City Engineer indicated staff sent them a copy. 8/14195 - 5 - MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk J A3� 1 V , /Y��� - DATE: March 20, 1996 SUBJECT: Set Date for Council Canvass of Special Election Minnesota Statutes Section 205.185, Subdivision 3, requires the governing body of a municipality to canvass the returns and declare the results of an election within two days after an election. Although it has been past practice to canvass the election results the night of the election, I would recommend the City Council canvass the special election results on Wednesday, March 27, 1996, at 7 p.m. in Conference Room A, City Hall. In surveying surrounding cities, Brooklyn Center is the only city to canvass the night of the election. It would be less stressful for the election judges delivering the election supplies to City Hall because they are always rushed to get the results in. It would also allow time for me to double check the results as compared to the summary statements submitted by the judges. lob MEMORANDUM TO: Michael J. McCauley, City M Cit FROM: Sharon Knutson, Clerk 11 ' `' '���•f/� DATE: March 20, 1996 SUBJECT: Mayoral Appointment of Commissioner to Serve on Park and Recreation Commission On February 15, 1996, Mayor Kragness received a letter of resignation from Park and Recreation Commissioner Jill Schendel. Notice of vacancy on the commission was published in the Brooklyn Center Sun -Post on February 21, 1996. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from February 16, through March 15, 1996. Letters were sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and encouraging them to call the City Clerk if they were interested in obtaining an application and more information. Notices were also sent to all current advisory commission members. Attached for City Council members only are the applications received to date as follows: Elizabeth Anderson 6400 Dupont Avenue North Gail Ebert 1613 Irving Lane Victor Henry 5819 June Avenue North Mayor Kragness has indicated she will call Councilmembers to inform them of her nomination. She also indicated she will discuss the nomination with Chair Bud Sorenson. Letters were sent to each applicant informing them that their application for appointment would be considered at the March 25, 1996, Council meeting and they were invited to attend. Attached is a table which indicates the geographical distribution by Park Service Area (P.S.A.) of the applicants and current members of the Park and Recreation 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 Park and Recreation Commission to fill the unexpired term of Jill Schendel, term to expire December 31, 1998. Attachments City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Applicants and Current Members March 20, 1996 Park Service Area Ircant Current Members P.S.A. I Thomas Shinnick 5324 Oliver Ave. N. P.S.A. II Elizabeth Anderson 640tf Dupan.ve. �1 G,l Ebert if�13 Lving Lane P.S.A. III Bud Sorenson 6901 Toledo Ave. N. Kay Lasman 4407 Woodbine Lane I P.S.A. IV Viter Benry 5$19 ,Tune Ave< N P.S.A. V Art Mead 3825 56th Ave. N. Don Peterson 3715 58th Ave. N. John Russell 5312 N. Lilac Drive One vacancy. City of Brooklyn Center Procedures for Filling Commission Vacancies Adopted by Council 3 /27/95 The following process for filling commission 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. • MEMORANDUM Date: March 20, 1996 To: Michael J. McCauley, City Manager From: Brad Hoffman, Community Development Director Subject: Resolution Releasing and Terminating a Parking Ramp Declaration The City Council will be asked to approve a resolution on Monday evening that will unilaterally relieve the Shingle Creek Land Company and other affected properties of a City- required parking ramp. The ramp requirement dates back to August 6, 1984, as part of a proof of parking in order to meet the requirements of our parking ordinance. The ramp, if required by the City, would provide parking for the Holiday Inn, 6701 Parkway Circle, 6707 Shingle Creek Parkway, and 6601 Shingle Creek Parkway. As part of a PUD that will also terminate the ramp requirement and will be before the Council Monday evening, an alternative parking plan, as described in the 6th Amendment to the original parking plan, has been given preliminary approval by the Council and awaits final approval with the second reading of the PUD ordinance. The public hearing on this matter has already been held. At this time, all parties to the 6th Amendment have signed, with the exception of the City of Brooklyn Center, who will be the last to sign, and the First Bank of Chicago. At this time, the paperwork to be signed is in Chicago. The bank which holds the mortgage against the properties owned by First Industrial (6701 Parkway Circle, 6707 Shingle Creek, and 6601 Shingle Creek), has indicated they will sign the necessary documents. When the City signs off, the new parking agreement will be in effect. The Council is being asked to take what might be called a redundant action in order to facilitate the Holiday Inn sale to Prudential and the Davidson Hotel Group. It is their intent to convert the hotel to a Hilton Hotel. The closing is scheduled for March 28 and is contingent upon the ramp requirement being gone. Passing the resolution removes that impediment. The sale of the hotel is in the City's best interest for a number of reasons. First, the sale price of the hotel will have a significant positive impact on the current assessed value. In turn, the hotel will make a significant contribution to the TIF district's cash flow for redevelopment. Second, the presence of a Hilton Hotel in Brooklyn Center is a major plus for the City's image. Third, the current owners of the hotel have linked the sale of their land to Carlson Companies (TGIFriday's) to the sale of the Holiday Inn. They have executed a letter of intent to sell the property to Carlson Companies to build a TGIFriday's, an Italianni's, and a Country . Suites Inn. The City has approved the condemnation of that property in order to facilitate the Carlson development. With the direct sale to Carlson, it will not be necessary to pursue the condemnation. Finally, the action recognized the fact that the City's parking ordinance requirements can be met without imposing the need to construct a parking ramp. Release and Termination of Parking Ramp Declaration This Release and Termination of Parking Ramp Declaration entered into this day of March, 1996, by the City of Brooklyn Center, a municipal corporation (hereinafter called the "City Recitals WHEREAS, the City entered into and was the sole beneficiary of a Declaration and Contract for the Construction of a Parking Facility (herein referred to as the "Ramp Agreement "), dated August 6, 1984, between Shingle Creek Land Company, a Minnesota general partnership, as owner of Tracts B and C, R.L.S. 1564 and Tracts A and G, R.L.S. 1572, all in Hennepin County, Minnesota (hereinafter referred to as "Owner"), and the City, filed as Document No. 1597791, on August 29, 1984, Files of the Registrar of Titles, Hennepin County, Minnesota; and WHEREAS, the Ramp Agreement permits the City to require the Owner to construct 185 additional parking spaces (a net of 157 spaces after loss of stalls used in construction) in a parking ramp facility o be located on Tract C R.L.S. 1564 Hennepin County, in h n Y p ty, Minnesota, i the event of • and by means of a notice of certification by the City that the existing parking on the surface is inadequate to accommodate parking of motor vehicles of all persons using facilities constructed upon Tract A and Tract G, R.L.S. 1572 and/or Tract B, R.L.S. 1564; and WHEREAS, under the terms of a certain Easement Agreement dated February 5, 1981, filed as Document No. 1414568, Files of the Registrar of Titles, that certain Amendment to Easement Agreement and Declaration, dated March 9, 1984, filed as Document No. 1572021, Files of the Registrar of Titles, that certain Second Amendment to Easement Agreement and Declaration, dated August 13, 1984, filed as Document No. 1597790, Files of the Registrar of Titles, that certain Third Amendment to Easement Agreement, dated July 21, 1986, filed as Document No. 1748866, Files of the Registrar of Titles, that certain Fourth Amendment to Easement Agreement and Declaration, dated May 1, 1987, filed as Document No. 1830199, Files of the Registrar of Titles, and that certain Fifth Amendment to Easement Agreement and Declaration, dated December 1, 1988, filed as Document No. 2036563, Files of the Registrar of Titles, the cost of such ramp construction would be imposed on certain benefitted properties, to wit Tract A, R.L.S. 1564, and Tracts B and G, R.L.S. 1572, all in Hennepin County; and -1- • WHEREAS, the City has determined that existing parking on the surface is and will at all times in the future be adequate to accommodate parking of motor vehicles of all persons using facilities constructed upon Tract A and Tract G, R.L.S. 1572 and/or Tract B., R.L.S. 1564 and that there is no need now nor at any time in the future for construction of said parking ramp; and WHEREAS, the City desires to release, terminate, and discharge the Ramp Agreement of record. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the City hereby releases, terminates, and discharges the Ramp Agreement and releases and discharges Tracts A, B, and C, R.L.S. 1564 and Tracts A, B, C, and G, R.L.S. 1572, Hennepin County, Minnesota, from any obligations or liabilities thereunder. IN WITNESS WHEREOF, the above -named party executed the foregoing instrument on the day and year first above written. CITY OF BROOKLYN CENTER By Its Mayor By Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1996, by Myrna Kragness and Michael J. McCauley, the Mayor and City Manager, respectively, of the City of Brooklyn Center, a municipal corporation under the laws of Minnesota, by an don behalf of said corporation. Notary Public This document drafted by: • KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 -2- Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION RELEASING AND TERMINATING A PARKING RAMP DECLARATION WHEREAS, the City entered into and was the sole beneficiary of a contract for the construction of a parking ramp dated August 6, 1984, with Shingle Creek Land Company; and WHEREAS, the ramp agreement required the owner to construct 185 additional parking spaces to be used for Tracts A, B, and C of RLS 1564 and Tracts A, B, C, and G of RLS 1572; and WHEREAS, the City has determined that existing parking on the surface is and will at all times in the future be adequate to accommodate parking for motor vehicles for all facilities constructed on the affected properties and that there is no need to construct said parking ramp. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby release, terminate, and discharge the Ramp Agreement and releases and discharges Tracts A, B, and C of RLS 1564 and Tracts A, B, C, and G of RLS 1572, Hennepin • County, from any obligations or liabilities thereunder. 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. l od • MEMO To: Michael J. McCauley, City Manager , From: Ronald A. Warren, Planning and Zoning Spec' ist / Subject: Ordinance Amending Ordinance No. 95 -02 Extending the Moratorium on the Siting of Adult Establishments Date: March 20, 1996 On March 27, 1995 the City Council adopted Ordinance No. 95 -02 which was 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. This ordinance became effective on May 5, 1995. The matter was referred to the City's Planning Commission for consideration and study. Also referred to the Commission were a number of studies cited in the moratorium ordinance which the Commission has considered. The Planning Commission has been considering an ordinance amendment regarding the siting of adult establishments, but has not yet made a final recommendation to the City Council. There are a few matters that still need to be resolved before the Commission will make such a recommendation. The moratorium is set to expire on May 5, 1996. It is recommended that the City Council extend the moratorium on the siting of adult establishments for another six months so that the Commission's work can be completed and a recommendation made. • • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the _ day of April, 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, regarding. adult establishments. i Auxiliary aids for persons with disabilities are available upon request at least 96 yours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 95-02 ' EXTENDING THE MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS ' FOLLOWS: Section 1. BackarotLd 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 expires May 6, 1996. 1.02. The cit y council finds that additional time is needed to' complete the study provided for n f said ordinance is necessary for the in o d in Ordinance No. 95 -OZ and that an extension 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. AmendmeDt, Section 6 of Ordinance No. 95 -02 is amended as follows: This ordinance shall remain in effect e€€estive -date until November 30. 1996 or until such earlier time as said ordinance shall be revoked or otherwise amended. CLL101958 OR291 -16 1 Zd N3Md 15 '8 AG3NN3A 62:0Z 96, SZ 8bW O ection 3. Effective Date This ordinance shall take effect thirty (30) days after the date of its publication. Adopted this day of . 1996. yor ATTEST: Clerk Date of Publication Effective Date I i i i CLL101956 BR291 -16 E * d N3AUZ i5 '8 AG3WH3A 62 : 0 T 96, T2 �IUW