HomeMy WebLinkAbout1994 11-28 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 28, 1994
7 p.m.
1. Call to Order
2. Roll Call rr.r' �1J�tr'I
3. Opening Ceremonies
4. Open Forum
5. Council Report
6. Approval of Agenda and Consent Agenda } �`
-All items listed with an asterisk are considered to be routine by the City Council and
will be enacted b one motion. o There will be no separate crate discussion of these items P
unless a Councilmember so requests, in which event the item will be removed from the
consent agenda and considered in its normal sequence on the agenda.
7. Mayoral Appointment:
a. Twin Lake Use Task Force
8, Ordinance: (7:15 p.m.)
?r * a. An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter
-This item was first read on September 12, 1994, and tabled by the Council to
# October 24, 1994; approved for first reading on October 24, 1994; published in
the City's official newspaper on November 2, 1994; tabled by the Council on
November 14, 1994; and is offered this evening for a public hearing and second
reading. If all Councilmembers are not present, this item should be tabled to
the December 19, 1994, City Council meeting.
9. Planning Commission Item:' < > d
a. Planning Commission Application No. 94014 submitted by Country Harvest Buffet
Management, Inc. Request for rezoning and site and building plan approval for
a Commerce Planned Unit Development involving a 10,000 square foot, 400 seat
restaurant at the northwest quadrant of Freeway Boulevard and Shingle Creek
Parkway.
1. Resolution Regarding the Disposition of Planning Commission Application
No. 94014 Submitted by the Country Harvest Buffet Management, Inc.
2. An Ordinance Amending Chapter 35 of the City Ordinance Regarding the
Zoning Classification of Certain Land
CITY COUNCIL AGENDA -2- November 28, 1994
10. Discussion Items:
a. 1995 City Council Meeting Schedule
b. Humboldt Avenue Project - Status and Direction
C. Staff Report Re: Special Assessments for Storm Drainage Improvements and the
Assessment Stabilization Program
d. Process for Solicitation of Applicants for Appointment to the Position of
Commissioner on the Shingle Creek Watershed Management Commission and on
the West Mississippi Watershed Management Commission
11. Resolutions:
a. Acknowledging Gift from the Brooklyn Center Women's Club for the After School
Program
b. Acknowledging the 1994 Heritage Festival as an Educational Community
Celebration
C. Establishing Project and Authorizing Development of an RFP for Professional
Services for Improvement Project No. 1995-05, 69th Avenue Shingle Creek Bridge
Replacement, and Roadway and Watermain Improvement
I N d. Terminating Further Consideration of Special Assessments on Certain Properties,
Improvement Project No. 1990-10, 69th Avenue Reconstruction
e. Amending Special Assessment Levy Roll No. 13132 to Provide for the Award of
Assessment Stabilization Grants
f. Amending Improvement Project No. 1994-32, Interim City Hall Remodelling,
Reducing Scope of Project, Authorizing Purchasing of Workstations, and
Authorizing Development of Plans and Specifications and Advertisement for Bids
g. Declaring Surplus Property
h. Authorizing the City of Brooklyn Center to Join the LOGIS Mobile Digital
Terminal Group and Provide for the Financing Thereof
i. Amending the 1994 General Fund Budget to Provide Funding for a Special
Election
C4
I' Approving the Installation of an Ice Skating Rink at Bellvue Park for the 1994 -95
Season, Amending the Proposed 1995 General Fund Budget Therefore
Aar .t
12. Licenses
13. Adjournment
Council Meeting Date 11/28/944
3 City of Brooklyn Center Agenda Item Number
Request For Council Consideration
• Item Description:
AMEND RESOLUTION NO. 94 -237 ACCEPTING BID AND AWARDING CONTRACTS FOR
IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT 1994 -Q, RESIDENTIAL STRUCTURE
REMOVAL (PARK & RIDE /STORM POND SITE)
Department Approval:
Diane Spector, Director of Publ %Services
n /7
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
A resolution amending Resolution No. 94 -237 which accepted the high bid for purchase of structures
. and the low bid for demolition of structures and awarded contracts at the November 14, 1994 council
meeting is attached for consideration.
Summary Explanation: (supporting documentation attached Yes )
The City Council on November 14, 1994 by Resolution No. 94 -237 awarded contracts for the properties
within this site. Otting House Movers was awarded a contract for demolition of 4006 65th Ave. No.
Otting House Movers made an error on the bid form and placed their bid amount in the space for
demolition instead of purchase for moving. Their bid in the amount of $4,500.00 for purchase of 4006
65th Ave. No. is recommended for approval.
40
Member introduced the followin g resolution and
moved its adoption:
RESOLUTION NO.
AMEND RESOLUTION NO. 94 -237, ACCEPTING BID AND AWARDING
CONTRACTS FOR IMPROVEMENT PROJECT NO. 1993 -18, CONTRACT,
1994 -Q, RESIDENTIAL STRUCTURE REMOVAL (PARK & RIDE /STORM
POND SITE)
WHEREAS, pursuant to an advertisement for bids for Improvement Project No.
1993 -18, bids were received, opened and tabulated by the Director of Public Services on the
27th day of October, 1994; and
WHEREAS, the City Council on November 14, 1994, by Resolution No. 94 -237,
awarded 4006 65th Ave. No. to Otting House Movers, 11640 East 275th Street, Lakeville, MN
for demolition in the amount of ($4,500.00). Otting House Movers have claimed that their entry
on the bid form was placed on the demolition line and should have been placed on the purchase
line.
WHEREAS, based upon this information, that it is in the best interest of the City
to award 4006 65th Ave. No. to Otting House Movers for purchase in the amount of $4,500.00.
A. To Semple Building Movers, 1045 Jesse St., St. Paul, MN for purchase of the
following:
1. 6521 Brooklyn Boulevard $11,299.99
2. 3910 65th Ave. No. $ 4,100.00
3. 4010 65th Ave. No. $ 8,399.99
4. 4018 65th Ave. No. $ 12,399.99
5. 4024 65th Ave. No. $ 8,599.99
6. 4100 65th Ave. No. $ 9,199.99
7. 4106 65th Ave. No. $ 8,369.99
B. To Ernst Building Movers Corp., 9400 85th Ave. No., Mpls, MN for purchase
of the following:
1. 6527 Brooklyn Boulevard $ 850.00
2. 6515 Brooklyn Boulevard $ 5,503.00
C. To Otting House Movers, 11640 East 275th Street, Lakeville, MN for
purchase of the following:
1. 4012 65th Ave. No. $ 9,250.00
2. 4006 65th Ave. No. $ 4,500.00
D. To Otting ouse Movers 11640 East 275th Street Lakeville MN for the
g ,
is demolition of the following:
1. 6501 Brooklyn Boulevard ($4,500.00)
RESOLUTION NO.
E. To Herbst & Sons Construction Co. Inc., 2299 Co. Rd. H2, New Brighton,
MN for the demolition of the following:
1. 6505 Brooklyn Boulevard ($5,000.00)
2. 6451 Brooklyn Boulevard ($6,000.00)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. The Mayor and City Manager are hereby authorized and directed to enter into an
amended contract with Otting House Movers at their address of business in the
name of the City of Brooklyn Center, for Improvement Project No. 1993 -18,
Contract 1994 -Q, according to the plans and specifications therefor approved by
the City Council and on file in the office of the City Clerk.
2. The City Clerk is hereby directed and authorized to return forthwith to all bidders
the deposits made with their bids, except that the deposit of the selected bidder
and the next preferable bidder shall be retained until a contract has been executed.
Date Todd Paulson, 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.
CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 28, 1994
7 p.m.
1. Call to Order
2. Roll Call
I Opening Ceremonies
4. Open Forum
5. Council Report
6. Approval of Agenda and Consent Agenda
-All items listed with an asterisk 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 in its normal sequence on the agenda.
7
Mayoral Appointment:
a. Twin Lake Use Task Force
8. Ordinance: (7:15 p.m.)
* a. An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter
-This item was first read on September 12, 1994, and tabled by the Council to
October 24, 1994; approved for first reading on October 24, 1994; published in
the City's official newspaper on November 2, 1994; tabled by the Council on
November 14, 1994; and is offered this evening for a public hearing and second
reading. If all Councilmembers are not present, this item should be tabled to
the December 19, 1994, City Council meeting.
9. Plannin g Commission Item:
a. Planning Commission Application No. 94014 submitted by Country Harvest Buffet
Management, Inc. Request for rezoning and site and building plan approval for
a Commerce Planned Unit Development involving a 10,000 square foot, 400 seat
restaurant at the northwest quadrant of Freeway Boulevard and Shingle Creek
Parkway.
1. Resolution Regarding the Disposition of Planning Commission Application
g g P g PP
No. 94014 Submitted by the Country Harvest Buffet Management, Inc.
2. An Ordinance Amending Chapter 35 of the City Ordinance Regarding the
is Zoning Classification of Certain Land
CITY COUNCIL AGENDA -2- November 28, 1994
10. Discussion Items:
a. 1995 City Council Meeting Schedule
b. Humboldt Avenue Project - Status and Direction
C. Staff Report Re: Special Assessments for Storm Drainage Improvements and the
Assessment Stabilization Program
d. Process for Solicitation of Applicants for Appointment to the Position of
Commissioner on the Shingle Creek Watershed Management Commission and on
the West Mississippi Watershed Management Commission
11. Resolutions:
* a. Acknowledging Gift from the Brooklyn Center Women's Club for the After School
Program
* b. Acknowledging the 1994 Heritage Festival as an Educational Community
Celebration
*
C. Establishing Project and Authorizing Development of an RFP for Professional
Services for Improvement Project No. 1995 -05, 69th Avenue Shingle Creek Bridge
Replacement, and Roadway and Watermain Improvement
d. Terminating u i Properties,
Further Consideration of Special Assessments on Certain
C
g P
Improvement Project No. 1990 -10, 69th Avenue Reconstruction
* e. Amending Special Assessment Levy Roll No. 13132 to Provide for the Award of
Assessment Stabilization Grants
f. Amending Improvement Project No. 1994 -32, Interim City Hall Remodelling,
Reducing Scope of Project, Authorizing Purchasing of Workstations, and
Authorizing Development of Plans and Specifications and Advertisement for Bids
* g. Declaring Surplus Property
* h. Authorizing the City of Brooklyn Center to Join the LOGIS Mobile Digital
Terminal Group and Provide for the Financing Thereof
* i. Amending the 1994 General Fund Budget to Provide Funding for a Special
Election
j. Approving the Installation of an Ice Skating Rink at Bellvue Park for the 1994 -95
Season, Amending the Proposed 1995 General Fund Budget Therefore
* 12. Licenses
13. Adjournment
CORRECTION
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
NOVEMBER 8, 1994
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 Todd Paulson at 10:50 p.m.
ROLL CALL
Mayor Todd Paulson, and Councilmembers Dave Rosene and Kristen Mann. Also present
was Deputy City Clerk Sharon Knutson. Councilmember Celia Scott was present from 9 to
10:45 p.m. but had to leave due to an illness in her family. Barb Kalligher was excused from
this evening's meeting.
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 contests as
follows:
Office of Mayor Ballot Count
Myrna Kragness 5,039
Bob Peppe 4,667
Write -ins 37
Office of Council Member Ballot Count
Debra Hilstrom 5,193
Kathleen Carmody 4,201
Phillip Roche 4,116
Bob Hock 2,681
Write -ins 42
RESOLUTION NO. 94 -232
Upon completing the election canvass, member Dave Rosene introduced the following
resolution and moved its adoption:
RESOLUTION REGARDING CANVASS OF NOVEMBER 8, 1994, GENERAL
ELECTION
The motion for the adoption of the foregoing resolution was duly seconded by member
Kristen Mann, and the motion passed unanimously.
11/8/94 -1-
ADJOURNMENT
There was a motion by Councilmember Kristen Mann and seconded by Councilmember
Dave Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn
Center City Council meeting adjourned at 10:53 p.m.
Deputy City Clerk Todd Paulson, Mayor
I
I
11/S/94 -2-
Council Meeting Date 11128/94
31 City of Brooklyn Center Agenda Item Numbe
Request For Council Consideration
• Item Description:
Mayoral Appointment: Twin Lake Use Task Force
Department Approval:
Gerald G. Splinter, City Manager
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Appoint two Brooklyn Center residents to the Twin Lake Use Task Force:
• One lake resident
• One at -large representative
• Summary Explanation: (supporting documentation attached Yes )
At its October 11, 1994, meeting, the City Council appointed Acting Police Chief Scott Kline as
Brooklyn Center's police department representative on the Twin Lake Use Task Force. Also,
Recreation Director Arnie Mavis was appointed to the task force. The Council directed the Park and
Recreation Commission to designate one of its members to the task force. At its October 18, 1994,
meeting, the Park and Recreation Commission designated Bud Sorenson as the representative for the
task force.
The Council directed staff to solicit applications for membership using the usual process of advertising
Commission or Task Force openings. Notice of openings on the Twin Lake Use Task Force was
announced in the Brooklyn Center Sun -Post on October 26, 1994, and Northwest News on October 24,
1994, and was posted at City Hall and Community Center and aired on Channel 12 from October 17,
1994, through November 14, 1994.
On November 18, 1994, the City Council received complete copies of the applications for appointment
to the task force submitted by applicants interested in serving on the task force. Attached for City
Council members only are the applications from the three applicants:
Lake Resident Applicants
• Dorothea Allen 5427 East Twin Lake Boulevard
Graydon Boeck 5601 Indiana Avenue North
At -large Representative Applicant
William Siems 6206 Colfax Avenue North
Council Meeting Date 11/28/94 Q
3 City of Brooklyn Center Agenda Item Number U
Request For Council Consideration
Item Description:
An Ordinance Amending Chapter 2 of the Brooklyn.Center City Charter
Department Approval:
Gerald G. Splinter, City Manager
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
If all Councilmembers are not present, this item is tabled to December 19, 1994, City Council
meeting.
e
If all Councilmembers are present, it is recommended the City Council remove this item from the `
• Consent Agenda and open the meeting for the purpose of a public hearing, take any comments relative
to the ordinance amendment, and then close the public hearing. It is further recommended to pass final
reading of An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter.
Summary Explanation: (supporting documentation attached Yes )
This ordinance amendment was first read on September 12, 1994, and the City Council tabled it
requesting further review by the Charter Commission and City Attorney.
On October 24, 1994, the City Council approved first reading of the ordinance amendment with the
recommended changes made by the City Attorney and Charter Commission.
A Notice of Public Hearing was published in the City's official newspaper, and the public hearing was
opened on November 14, 1994, and tabled to this evening, Monday, November 28, 1994.
The Charter Commission met on November 16, 1994, and discussed the minor amendments
recommended by the City Attorney. It is the recommendation of the Charter Commission to approve
second reading of An Ordinance Amending Chapter 2 of the Brooklyn Center City Charter with the
minor amendments as recommended by the City Attorney. The Charter Commission also approved one
further clarification to the last sentence of Section 2.05 to read "without following the procedures set
forth in Section 2.05b."
• Attached for your review is a copy of the letter from City Attorney Charlie LeFevere, Holmes &
Graven, to City Manager Gerald Splinter specifically listing the recommended minor amendments to
the ordinance amendment.
HOLMES & GRAVEN
CHARTERED
Attorneys at Law
d70 Pillsbury Center, Minneapolis, Minnesota 55402
A AGSOP (612) 337 -9300 ROBERT C. LONG
Q
N
LAURA K. MOLLET
D H. BATTY BARBARA L. PORTWOOD
J. BUBUL Facsimile (612) 337 -9310
JAMES M. STROMMEN
JOHN B. DEAN JAMES J. THOMSON, JR.
MARY G. DOBBINS LARRY M. WERTHEIM
STEFANIE N. GALEY BONNIE L. WILKINS
CORRINE A. HEINE GARY P. WINTER
JAMES S. HOLM ES WRITER'S DIRECT DIAL
(612) 337.9215 DAVID L. GRAVEN (1929 -1991)
DAVID J. KENNEDY
JOHN R. LARSON OF COUNSEL
WELLINGTON H. LAW ROBERT C. CARLSON
CHARLES L. LEFEVERE ROBERT L. DAVIDSON
J OHN M. LEFEVRE, JR. T. JAY SALMEN
ROBERT J. LINDALL
October 28, 1994
Jerry Splinter
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Proposed Charter Amendment
Dear Jerry:
I understand that at its meeting of October 24, 1994, the city council approved first reading of
a ro osed charter amendment. After reviewing the proposed amendment, I still have a few
P P
which I believe might be helpful. The are as follows:
minor amendments c b C p Y
1. In amended section 2.05, the sixth line from the bottom, I would recommend that
the words "of the occurrence of the vacancy" be added after the words "act within
thirty (30) days ".
2. in ni-�.v section 2.05(x), at the end of the fifth line. I would recommend that the
words "of the occurrence of the vacancy" be added after the words "within thirty
(30) days ".
3. In the second line of new section 2.05(b), paragraph 5, I would recommend that
occurrence of the vacancy" be added after the words "forty -
the words from the o Y
five (45) days ".
4. Finally, I find the format of new section 2.05(b) somewhat confusing. The
- procedures which
numbered 1 -6 under section �.0
�(b) list a number of p
paragraphs
are to be followed in filling a council vacancv. However, these paragraphs follow
the introductory language in the first paragraph of section 2.05(b) which provides
that the notice of the vacancy "... shall include the following information ".
Therefore, it seems that the information included in paragraphs 1 -6 was intended
Jerry Splinter __
October 28, 1994
Page 2
only to state the text of the notice of vacancy, rather than to specify that the
procedures outlined in paragraphs 1 -6 are to be followed by the city council in
filing the vacancy. Therefore, I would recommend that the word "information"
in the last line of the first paragraph of section 2.05(b) be deleted and the
following language added "description of the application and appointment process,
which shall be followed by the city council: ".
I assume that these changes would clarify the intent of the charter commission rather than change
the substance of the proposed charter amendment. However, the city council can only adopt by
ordinance a charter amendment which has been proposed by the charter commission. Therefore,
at some time prior to final adoption of the ordinance, if the city council feels that the changes
noted above are appropriate, these changes should also be approved by the charter commission.
I do not believe, however, that the changes are so substantial that the first reading should be
repeated or that the published text of the proposed amendment would have to be republished.
If you have any further questions, please feel free to give me a call.
Very truly yours,
Charles L. LeFevere
CLL:ckr
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 14th day of November,
1994, at 7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment
to Chapter 2 of the Brooklyn Center City Charter.
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 2 OF THE BROOKLYN
CENTER CITY CHARTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Section 2.05 of the Brooklyn Center City Charter is hereby
amended as follows:
Section 2.05. VACANCIES IN THE COUNCIL. When, for any reason, a
vacancy should occur in the City Council or office of the Mayor, the City Council must
publicly declare such vacancy and specify the date of occurrence of the vacancy within ten
(10) days of its occurrence. Notice of the vacancy shall be posted at City Hall and sent to
the official city newspaper on the next business day. The Mayor or Council member shall
forfeit the office for (1) lack at any time during the term of office of any qualification for
the office prescribed by this charter or by law, (2) violation of any express prohibition of
this charter, (3) conviction of a crime involving moral turpitude, (4) failure to attend three
consecutive regular meetings of the Council without being excused by the Council, or (5)
departure of residence from the City. If the unexpired term of the Council vacancy is less
than one year from the date of the occurrence of the vacancy, the Council by a majority vote
of all its remaining members may either appoint a qualified person to fill the vacancy or call
for a special election If the unexpired term of the Council vacancy is one year or longer,
a special election shall be called by the Council or by the City Clerk if the Council fails to
act within thirty (30) days of the occurrence of the vacancy. Notice of the vacancy, with a
description setting forth the minimum set of legal qualifications to hold public office shall
be posted at City Hall and sent to the official city newspaper on the next business day. A
quorum of the Council consists of three (3) members if at any time the membership of the
Council is reduced to fewer than three (3) members, the remaining members may by
unanimous action appoint additional members to raise the membership to three (3) without
following the procedures set forth in Section 2.05b.
[ Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES. If the
unexpired term of the council vacancy is less than one year, the Council by a majority vote
of all its remaining members shall appoint a qualified person to fill the vacancy. If the
Council fails to fill a vacancy within thirty (30) days, the City Clerk shall call a special
ORDINANCE NO.
election to fill the vacancy. The election will be held not sooner than ninety (90) days and
not later than one hundred twenty (120) days following the occurrence of the vacancy and
to be otherwise governed by the provisions of Section 4.03, Special Elections. If the
unexpired term of the council vacancy is one year or longer, a special election shall be called
by the Council or by the City Clerk if the Council fails to act within thirty (30) days. The
election will be held not sooner than ninety (90) days and not later than one hundred twenty
(120) days following the occurrence of the vacancy and to be otherwise governed by the
provisions of Section 4.03, Special Elections. If more than two candidates file for the
unexpired term, a primary election shall be held. The quorum of the Council consists of
three (3) members; if at any time the membership of the Council is reduced to less than three
(3), the remaining members may by unanimous action appoint additional members to raise
the membership to three (3).]
Section 2.05a. PROCEDURES TO FILL COUNCIL VACANCIES BY
SPECIAL ELECTION If the unexpired term of the council vacancy is one year or longer,
or if the unexpired term of the Council vacancy is less than one year and the Council
chooses not to fill the vacancy through the appointment process, a special election shall be
called by the Council or by the City Clerk if the Council fails to act within thirty (30) days
of the occurrence of the vacancy. The election will be held not sooner than ninety (90) days
and not later than one hundred twenty (120) days following the occurrence of the vacancy
and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more
than two candidates file for the unexpired term a primary election shall be held.
Section 2.05b. PROCEDURES TO FILL COUNCIL VACANCIES BY
COUNCIL APPOINTMENT If the unexpired term of the council vacancy is less than one
year, the Council by a majority vote of all its remaining members may appoint a qualified
person to fill the vacancy. Notice of the vacancy, with a description settina forth the
minimum set of legal qualifications to hold public office shall be posted at City Hall and sent
to the official city newspaper on the next business day and shall include the following
description of the application and appointment process, which shall be followed by the City
Council:
1 Uniform applications in a form approved by the City Council must be
received by the City Clerk, no later than twenty-one (21) days from the date
of the declared vacancy. Application forms submitted by the applicants are
public documents Applications shall request, at a minimum all information
required by Minnesota Statutes of candidates filing for the office. Additional
information forms may be adopted by the City Council and shall be required
of each applicant uniformly. The applicant may submit a resume, in addition
to the uniform application forms.
ORDINANCE NO.
2. Tentative interview scheduling shall be completed and posted at City Hall
no later than twenty -five 251 days from the declared vacancy. Applicants
shall be responsible for requesting schedule changes.
3. Interview process shall not start earlier than twenty -eight ((28) days from
the declared vacancy.
a Applicants shall be interviewed by the Council in accordance with
the State of Minnesota open meeting g aws.
b A uniform list of initial questions to be asked of all applicants shall
be made available to the public and the applicants in advance of
interviews To the extent reasonably practicable, questions asked of
all applicants at the interviews shall be uniform.
4 . Selection Process. Upon completion of the interview process, the Council
may call for a vote to appoint an applicant. Each Council member may cast
only one vote for a preferred applicant on each called -for vote to appoint. No
vote, which does not result in a majority vote for one candidate, shall result
in elimination from consideration of any candidate. Written ballots listing the
applicant(s) shall be used. Each Council member's vote shall be recorded.
A simple majority of the Council votes shall appoint that applicant to the City
Council.
5 If the Council pursues the appointment process but then fails to fill a
vacancy within forty -five (45) days from the occurrence of the vacancy, the
City Clerk shall call a special election to fill the vacancy. The special
election will be held not sooner than one hundred five (105) days and not later
than one hundred thirty -five (135) days following the occurrence of the
vacancy and to be otherwise governed by the provisions of Section 4.03
Special Elections If more than two candidates file for the unexpired term,
a primary election shall be held.
6 The City shall comply with the Minnesota Data Practices Act in all
respects in the collection management and dissemination of data on
applicants for City Council vacancies.
ORDINANCE NO.
Section 2. This ordinance shall be effective after adoption and thirty days
following its legal publication.
Adopted this day of , 1994.
Todd Paulson, Mayor
ATTEST:
Deputy Clerk
Date of Publication
Effective Date
(Brackets indicate matter to be deleted, underline indicates new matter.)
Council Meeting Date I1 -28 -94
City of Brooklyn Center Agenda Item Numbe
Request For Council Consideration
Item Description:
Planning Commission Application No. 94014 submitted by Country Harvest Buffet
Management, Inc
Department Approval:
Ronald A. Warren, Planning and Zoning Specialist
Manager's Review/Recommendation: H
{/
No comments to supplement this report Comments
below /attached
Summary Explanation: (supplemental sheets attached )
Planning Commission Application No. 94014 submitted by Country Harvest Buffet Management,
Inc. is a request for rezoning and site and building plan approval for a Commerce Planned Unit
Development involving a 10,000 square foot, 400 seat restaurant at the northwest quadrant of
Freeway Boulevard and Shingle Creek Parkway. This application was considered at the
Planning Commission meeting held on November 17, 1994. Attached are the minutes and
information sheets from the meeting, a map of the area and various plans.
Recommended City Council Action:
This application was recommended for approval by the Planning Commission through Resolution
94 -2 at its November 17, 1994 meeting. Attached for City Council action are:
1. Resolution Regarding the Disposition of Planning Commission Application No.
94014 submitted by Country Harvest Buffet Management, Inc.
2. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
Zoning Classification of Certain Land.
•
i
MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF
r HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
NOVEMBER 17, 1994
CALL TO ORDER
The Planning Commission met in regular session and was called to order by Chairperson
Willson at 7.35 p.m.
ROLL CALL
Chairperson Tim Willson, Commissioners Donald Booth, Mark Holmes, Robert Mickelson,
Dianne Reem and Ella Sander, Commissioner Debra Hilstrom was excused from This
mee ting, Also prescj1 were the Secretary to the Planning Commission Planning and Zoning
Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth McLaurin,
APPROVAL OF MINUTES - OCTOBER 27. 1954
There was a motion by Commissioner Sander and seconded by Commisgioncr Booth to
apprcv the minutes of the October 27, 1994, Planning Commission meeting as submitted.
The notion passed. Commissioner Mickclson abstained as he was not at that meeting,
• CHAIRPERSON'S EXPLANATION
Chairperson Willson explained the Planning Commission'} an advisory body. One of the
Coma �_ on's functions .is to hold public hearings, In ae matters concerned in these
hearings, the Commission makes recommendations to the City Council. The City Council
makes all final decisions in these matters.
APPLICATION NO. 94014 (COUNTRY HARVEST BUFFET MANAGEMENT, INCA
Chairperson Willson introduced the first item of business, a request from Country Harvest
Buffet Management, Inc. for rezoning and site and building plan approval for a commerce
Planned Unit Devuopment proposal involving a 10,000 square foot, 400 seat restaurant at
the Northwest quadrant of Freeway Boulevard and Shingle Creek Parkway.
The Sceretai -y presented the staff report, used overhead transparenc --s to show the location
and detail (sce Planning Commission Information Sheet for . , ; licati0n No, 94014,
attached).
Commissioner Booth inquired regarding the portion of undeveloped land, he would like to
indicate no fast food restaurant be allowed on that site. The Secretary indicaTCd This could
be covered in a stated condition to the resolution.
11 -17 -94
y
Commissioner Booth indicated concern for the holding pond and if any additional safety
fencing would be needed, The Secretary noted that fencing around the pond was not
required, it was being provided more for appearance.
Commissioner Reem also noted concern that a fast food store would be developed on the
small portion of the parcel. The Secretary indicated a fast food restaurant would be a
special use and would have to be presented to this commission for approval. The Secretary
reiterated that limitations could be covered in an additional condition to the resolution,
Commissioner Holmes inquired regarding the holding pond, if the city is liable say a
drowning occur. The Secretary noted the pond was on private property and that the land
owner would also he respon:ginlc foT It9 ;�Aty.
Commissioner Holmes also inquired if the portion of undeveloped land on this site would
have the room to build anything. The Secretary referred this to the architect, but indicated
that the applicant is not indicating replatting at this time and would need to in order to sell
that portion of the parcel, He added that the minimum lot width in a CZ zone is 100 feet
and this area meets the standard,
PUBLIC HEARING (APPLICATION NO 94014
Chairperson `VillSOn asked for a motion to open the public, hearing on the request for
Country Han -Cst Buffet Management, Inc, at 8:37 p.m.
There was a notion by Commissioner Mickelson and seconded by Commissioner Holmes
to open the Country Harv Buffet Management, Inc, public hearinb, The motion passed
unanimously.
Chairperson )X'illson asked if there was anyone present who wished to address the
Commission.
The representative for Country Harvest Buffet Management, Inc., 'fir. Sid Scott stepped
forward. Mr. Scott indicated thw long r ange plans `or the undeveloped parcel would be for
additional parking, Mr. h commission 1 would be maintained in
I a Scots reassured the co this arcc ou
la
p
an attractive manner.
The Secretary noted perhaps a time frame could be established for the small undeveloped
parcel, it the parcel was not sold, or developed within two to three years the commission
could require permanent irrigation, landscaping and curb and gutter.
The Secretary notd for clarification that condition number 14 would also prohibit the
d%Yclopment of a Mast feud establishment. The; Secretary also noted the addition of
condition number 15, If development or sale of identified undeveloped area is not
completed within three years thy; Planning Commission requires permanent irrigation to this
area.
11 -17 -94
Chairperson Willson called for any more questions for the applicant or for anyone else to
speak at the public hearing.
CLOSE PUBLIC HEARING
There was a motion by Commissioner Mickelson and seconded by Commissioner Booth to
close the public hearing at 8:50 p.m. The motion passed unanimously,
ACTION RECOMMENDING APPROVAL OF A PPLICATION NO., 94014 (COUNTRY
HARVEST BUFFET MANAGEMENT. INC.)
Member Robert Mickelson introduced the following resolution and moved its adoption:
RESOLUTION NO. 94 -2 REGARDING RECOMMENDATION DISPOSITION OF
PLANNING COMMISSION APPLICATION NO, 94014 SUBMITTED BY COUNTRY
HARVEST BUFFET MANAGEMENT, INC.
The motion for the adoption of the foregoing resolution was duly seconded by
Commissioner Booth and upon vote being taken thereon, the following voted in favor
thereof. Commissioners Willson, Holmes, Booth, Mickelson, Sander, and Reem and the
following voted against the same: none, where upon said resolution was declared duly passed
and adopted.
The Secretary noted that the application will be referred to the City Council at the
November '28, 1994, meeting. The applicant is required to be present at the City Council
meeting. If any changes or ir��difications are made to the plans prior to City Council
consideration, they may have to be brought back before the Planning Commission far review.
OTHER BUSINESS
The Secretary noted the next meeting of the Planning Commission will be December 8,
1994. Commissioner Sander noted her absence for this meeting.
Commissioner Reem inquired regarding the Chiropractor on 63rd, there is dirt stack piled
and parking still lines the street The Secretary indicated he would review this issue.
Commissioner Reem inquired regarding the Old Country Store parking lot. The Secretary
Poted he would cheek if the upgrading would be done.
Commissioner Reem inquired if the Park and Ride program had started. The Secretary
noted the time has been exac.nded due to the hold up of the acquisition of properry.
Commissioner Mickelson noted congratulations to Commissioner Hilstrom for the victory
for the scat on the City Council, Commissioner Nickelson also indicated he would like to
be reappointed and serve on the Planning Commission. All other Commission Members
whose terms expire, at the end of 1994, also desire to be reappointed to the Commission.
• 11 -17 -94
The Secretary noted the new city council will be sworn in on the first business day of 1995
and appointments to commissions will be made in an organizational meeting. The Secretary
noted all those wishing to serve should notify him,
ADJOURNMENT
There was a motion by Commissioner Mickelson and seconded by Commissioner Sander to
adjourn the meeting of the Planning Commission, The motion passed unanimously, The
Planning Commission adjourned at 9:07 p.m.
Chairperson
Recorded and transcribed by:
Ruth McLaurin
TimcSavc;r Off Sitc Secretarial
11 -17 -94
Member Robert Mickelson introduced the following resolution and moved its
adoption:
PLANNING COMMISSION RESOLUTION NO. 94 -2
RESOLUTION REGARDING RECOMMENDED DISPOSTION OF
PLANNING COMMISSION APPLICATION NO. 94014 SUBMITTED
BY COUNTRY HARVEST BUFFET MANAGMENT INC.
WHEREAS, Planning Commission Application No. 94014 submitted by Country Harvest
Management, Inc. proposes rezoning from I -1 (Industrial Park) to PUD /C2 of the property
located at the northwest quadrant of Freeway Boulevard and Shingle Creek Parkway; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and
site and building plan approval for a commerce planned unit development involving a 10,000
square foot, 400 seat restaurant at that location; and
WHEREAS, the Planning Commission held a duly called public hearing on November
17, 1994, when a staff report and public testimony regarding the rezoning and site and building
plans were received; and
WHEREAS the Planning Commission i and building plan
an Commiss o considered the rezoning and site g g gP
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
Or&nance contained in Section 35 -355, and in light of the City's Comprehensive Plan.
NOW THEREFORE BE IT RESOLVED BY the Brooklyn Center Planning Advisory
Commission to recommend to the City Council that Application No. 94014 submitted by
Country Harvest Buffet Managment, Inc. be approved in light of the following considerations:
1. The rezoning and site and building plans are compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
2. The rezoning and site and building plans will allow for the utilization of the land
in question in a manner which is considered compatible with, complimentary to
and of comparable intensity to adjacent land uses as well as those uses permitted
on surrounding land.
3. The utilization of the property as proposed under this rezoning and site and
building plan will conform with City Ordinance standards and is considered a
reasonable use of the property.
4. The rezoning and site and building plans are considered compatible with
recommendations in the City's Comprehensive Plan for this area of the City.
Planning Commission Resolution No. 94 -2 •
5. The rezoning and site and building plans appear to be a good long range use of
the existing land and can be considered to be in the best interests of the
community.
BE IT FURTHER RESOLVED by the Brooklyn Center Planning Advisory Commission
to recommend to the City Council that approval of Application No. 94014 be subject to the
following conditions and consideration:
1. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the
Engineering Department prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee (in an amount
to be determined by the City Manager) shall be submitted prior to issuance of
permits.
4. Any outside trash disposal facilities and roof top mechanical equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing 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 maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the
City Ordinances.
S.
B612 curb and utter shall be provided around all parking and driving g P P g g areas.
9. The applicant shall submit an "as -built survey" of the property, improvements and
utility service lines, prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems, prior to issuance of permits.
11. The plan shall be modified to indicate parking lot screening along the green strip
areas.
12. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's current standard specifications and details.
Planning Commission Resolution No. 94 -2
13. The applicant shall enter into a development agreement with the City of Brooklyn
Center, to be reviewed and approved by the City Attorney, prior to the issuance
of building permits.
14. The area identified on the site plan as "undeveloped" shall be seeded in a manner
to allow appropriate maintenance. If, after three years from the date of the
issuance of building permits for this project, this area is not developed or
improved additional landscaping, underground irrigation and B612 curb and gutter
shall be installed in accordance with City Ordinances. The performance
guarantee for this project shall not be released in its entirety until this area is
developed or said required improvements have been completed.
15. Further development of the area identified as "undeveloped" is subject to
amendment to this planned unit development. The City will not allow this area
to be developed as a fast food or convenience food restaurant. The development
agreement mentioned above shall acknowledge this restriction or limitation.
f , Date Chairperson
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Donald Booth and upon vote being taken thereon, the following voted in favor thereof: Willson,
Sander, Holmes and Reem
and the following voted against the same: none
where upon said resolution was declared duly passed and adopted.
i
Planning Commission Information Sheet
Application No. 94014
Applicant: Country Harvest Buffet Management, Inc.
Location: Northwest corner of Freeway Boulevard and Shingle Creek Parkway
Request: Rezoning /Site and Building Plan - PUD /C2
The applicant is requesting rezoning and site and building plan approval for a commerce planned
unit development proposal for the property at the northwest quadrant of Freeway Boulevard and
Shingle Creek Parkway. The purpose of the proposed action is to provide a site for an
approximate 10,000 square foot Country Buffe g
q fet restauran w'
rY t wit seating for 400 patrons.
The plan would also provide an area of 1.03 acres, 100 feet in width, on the west side of this
site for future restaurant development.
The property in question is currently zoned I -1 (industrial park) and is 4.15 acres in area. It is
bounded on the north by Parkway Circle, a private access drive serving various businesses in
the area with the Parkway Place office /industrial building on the opposite side; on the east by
Shingle Creek Parkway various
. Y with a building containin n, anous industrial uses and the Spiritual Life
Ministries on the opposite side of Shingle Creek Par on the south by Freeway Boulevard
wit Chi Chi's restaurant on the o
pposite side; and on the west by the Minnesota State High
School League building.
The proposed rezoning is to planned unit development /commerce (PUD/C?). Restaurant uses
as are contemplated for this site, are not acknowledged uses in the I- g f
1 zonin distric�. Up until
1990, restaurants were acknowledged special uses in the I -1 zone and could be authorized
throu u gr anting o �h the �rantin� of a special use
permit. p p In 1990 the city rezoned property in this area to
C2 and removed the special use provisions from the I- g
P 1 zoning district ct uses. The city also
its ts comprehensive plan to acknowledge this area, and the area around it, as appropriate
for light industrial, commercial and service,/office uses. Also about this same time the city
established the PUD process to, among other things, promote flexibility in land development and
redevelopment. A concern on the part of the city at that time was that convenience food
restaurants and some other uses were inappropriate for development on this particular site. The
city was not necessarily opposed to a restaurant at this location, but was concerned that the
special use permit process would not protect the interests and concerns of the city. The PUD
process was considered appropriate for considering anything other than light industrial or
service /office land uses for this property.
A Planned Unit Development proposal involves the rezoning of land to the PUD designation
followed by an alpha numeric designation of the underlying zoning district. This underlying
zoning district provides the regulations governing uses in structures within the Planned Unit
Development. The rules and regulations governing that district (in this case C2) tivould apply
to the development proposal. One of the purposes of the PUD district is to give the Citv
Council the needed flexibility in addressing redevelopment problems. Regulations go%erning
11 -17 -94
1
Planning Commission Information Sheet
uses and structures may be modified by conditions ultimately imposed by the City Council on
the development plans. The Planning Commission's attention is directed to Section 35 -355
which addresses Planned Unit Developments (attached).
The PUD process involves a rezoning of land and, therefore, is subject to the rezoning
procedures outlined in Section 35 -210 of the zoning ordinance as well as the rezoning evaluation
policy and review guidelines contained in Section 35 -208 of the City's zoning ordinance. The
policy and review guidelines are attached for the Commission's review as well.
The applicant has submitted a brief narrative describing the Country Harvest Buffet restaurant,
its philosophy and the proposal. Meals are served buffet style in a family oriented restaurant
that serves no alcoholic beverages. The Country Harvest Buffet Management, Inc. owns and
operates over 30 such restaurants in the western United States and is planning expansion in the
midwest. This Brooklyn Center location would be one of the first Country Harvest Buffets in
the Twin City metro area.
Their narrative notes their request to change the zoning classification of the land that they
propose to occupy from I -1 to PUD /C2. They believe their addition will make a positive
contribution to this area and they note other restaurants in the immediate area as well as office
buildings and light industrial buildings in the immediate area. They note Shingle Creek Parkway
is a major arterial bordering the east side of the property with light industrial and office uses on
other sides. They note specifically that there are no residences bordering the property which
may cause conflicts between the land uses.
They indicate their proposal is to build a restaurant of approximately 10.000 square feet with
seating for 400 and parking for approximately 207 vehicles. The Country Harvest Buffet site
would occupy 3.12 acres of this 4.15 acre site. The remaining 1.03 acres westerly of the
Country Harvest Buffet restaurant would be undeveloped and set aside for future development
such as a smaller restaurant. Primary access to the site will be on Freeway Boulevard with
secondary access from Parkway Circle. The access will be a shared access serving both of the
restaurant sites. It is possible that the remaining undeveloped site might be subdivided off from
this property and sold for future development. However, such development would be subject
to development restrictions and further Planned Unit Development review and approval prior to
its construction.
The applicants have not provided specific information as to how they believe they meet the
rezoning evaluation policy and review guidelines. The following is a staff review of the
Rezoning Evaluation Policy and Review Guidelines contained in Section 35 -208 of the City
ordinances.
11 -17 -91
Planning Commission Information Sheet
a. Is there a clear and public need or benefit?
The staff assumes that the public benefit of such development is the utilization of this land in
a manner consistent with the development criteria established by the city. It is not anticipated
that this development will be a detriment to the community but, on the other hand, be a positive
factor providing restaurant services to the businesses and people in the immediate Brooklyn
Center area.
b. Is the proposed zoning consistent with and compatible with surrounding land
use classifications?
The staff believes, as will be noted later in this report, that the development of the Country
Harvest Buffet restaurant can be considered consistent and compatible with surrounding land use
classifications. The area does have other food service businesses and restaurants and there is
a large employment base surrounding this area that can make use of such facilities. '
We believe
the site layout, landscaping, parking and other physical features, given some minor
modifications, can be compatible.
C. Can all permitted uses in the proposed zoning district be contemplated for
development of the subject property?
The staff believes that all permitted uses and ro osed uses can be development
contemplated for develo
P P P A
in the proposed Planned Unit Development zoning district if this proposal is accepted. It should
also be noted that the development of this site as proposed uses will not have an adverse affect
on developing the remaining parcels in the industrial park zone.
d. Have there been substantial physical or zoning classification changes
in the area since the subject property was zoned?
We have reviewed the history of rezoning, comprehensive plan amendments and zoning
ordinance amendments relating to this specitc area. Zoning classification changes were made
in order to rule out some land uses that the city believed were inappropriate ro riate for the industrial
parr area and this site in particular. The ones being proposed are not considered inappropriate
and therefore, can be considered. The PUD process is believed to be an appropriate vehicle for
considering such uses.
e. In the case of city initiated rezoning proposals, is there a broad public
purpose evident?
This evaluation criteria is not applicable.
Planning Commission Information Sheet
f. Will the subject property bear fully the ordinance development restrictions
for the proposed zoning districts?
The staff believes the subject property should bear fully the ordinance development restrictions
for this PUD /C2 proposal based on findings which will need to be made by the city and a
development agreement between the city and the developer which will address any, and all,
issues raised and acknowledge an approved site plan as part of this development agreement
g. Is the subject property generally unsuited for uses permitted in the present
zoning district, with respect to size, configuration, topography or location?
The site in question is not unsuited for development as an I -1 (industrial park) use. The City
has long believed that this particular site should be used for a more intense development than
a light industrial manufacturing type use. We have, over the years, reviewed proposals for
office developments, office/ industrial uses and high -rise office development uses in this area.
The proposed Country Harvest Buffet restaurant is believed to be an appropriate use of the
property as well. The likelihood of service office and /or light industrial development in the next
few years on this particular parcel is remote.
h. Will the rezoning result in the expansion of a zoning district, warranted by:
1) comprehensive planning; 2) lack of developable land in a proposed zoning
district; 3) the best interest of the community?
We believe the creation of a PUD /C2 zonin district in this area provides for the necessary
flexibility in dealing with development issues for this site. The proposed development, in our
opinion, is in the best interests of the community.
L Does the proposal demonstrate merit beyond the interest of an owner or
owners of an individual parcel?
The proposal appears to have merit beyond only the interest of the particular property owner and
will lead to an upgrading in the site and the physical characteristics in this area as well.
SITE AND BUILDING PLAN PROPOSAL
The proposed plan calls for an approximate 10.000 square foot., 400 seat Country Harvest Buffet
restaurant to be located on 3.12 acres of this x.15 acre site. The building will lie easterly of an
area that will remain undeveloped for future development. The building will be surrounded by
a parking lot containing 207 parking spaces which will meet the ordinance required parking for
a '00 seat restaurant with 14 employees at the maximum planned shift. Access to the site will
11 -17 -9'
Planning Commission Information Sheet
be via a curb cut on Freeway Boulevard almost directly across from the access to Chi Chi's
restaurant. This will be a shared access with any proposed development to the west. Access
from Shingle Creek Parkway will be via Parkway Circle to also serve the Country Harvest and
the future restaurant site. No other access to this site will be allowed. The parking requirement
for restaurants is 1 space for every 2 seats and 1 space for every two employees at the maximum
shift. Six handicapped parking spaces are provided at the southeast corner of the building close
to the main entrance.
DRAINAGE /GRADING /UTILITIES
This aspect of the proposal is being reviewed by the Engineering Department. The proposal will
not have to be reviewed by the Shingle Creek Watershed Management Commission as an area
drainage plan was prepared for this site and surrounding sites at the time this property was
subdivided. There is a drainage pond located at the southeast corner of the site to service this
area. A walkway, connecting the sidewalks along Freeway Boulevard and Shingle Creek
Parkway, is proposed around the west and north sides of the pond. A decorative fence (split
rail, similar to that at the Earle Brown Heritage Center) will be placed around the ponding area.
Drainage from the site will be carried via storm sewer through catch basins located westerly of
the restaurant and at the northeast corner of the site. Catch basins are proposed on either side
of the south driveway. The storm sewer conveys drainage to the pond at the southeast corner
of this site.
In reviewing the grading plan for this site, it is noted that there is no berming of the green strips
P
to provide screening of car headlights in the parking lot. The parking lot along Shingle Creek
Parkway and Parkway Circle is about 4 feet higher than the streets. We recommend screening,
if not through berming then with a dense hedge row to shield the headlights from cars parked
in these areas. `
LANDSCAPING
The applicant has submitted a landscape plan in response to the landscape point system. The
plan indicates a variety of plantings including shade trees, decorative trees, coniferous trees,
shrubs and flowers with a point value of 233 landscape points. The point requirement for this
3.12 acre site is = landscape points (Note: landscaping for the undeveloped area will be
required for that site at the time such a plan is submitted. In the meantime the area should be
seeded in a manner that can be maintained).
Perimeter -re--n strip plantings include 2 radiant crab, 2 white pine, 2 red sunset maple and a
Colorado green spruce along the north green strip. Ten existing shade trees are located already
alon the Shingle Creek Parkway green strip. Four Colorado Green spruce an 1 white pine
would also be located in this area. Two radiant crab and a red sunset maple are proposed for
the south green strip along Freeway Boulevard. Parking lot island plantings include 7 spring
Planning Commission Information Sheet
snow crab and 2 skyline honey locust trees as well as Mugho pine and crimson pygmy barberry.
Around the perimeter of the building are 3 spring snow crab, 1 Amur maple and 3 Techny
arborvitae. Also Montgomery spruce, Mugho pine, white potentilla, crimson pygmy barberry,
;old drop potentilla, compact American cranberry, rosy glow barberry, Blaauw juniper, Welch
juniper, Nikko blue hydrangea, variegated dogwood, mockorange, nest spruce, dwarf Korean
lilac, snowmound spirea, Northern Lights rhododendron and seasonal flowers. The large island
area and comer islands will be grass. Underground irrigation is required for all Iandscaped
areas. The plan also shows sidewalk around the entire building area.
BUILDING
The building elevations indicate the exterior to be Dryvit with face brick along the lower portion
of the building. Wood trim would be located around the doors and windows with a red metal
roofing material. Columns are located along the south and east elevations near the main
entrance to the restaurant.
LIGHTING /TRASH
Four hundred watt high pressure sodium lamps on 30 foot high poles are located at various
points on the site plan. They will be a box type fixture to direct light downward rather than to
cause glare off of the site. Also roof lights are located on the building near the main entrance.
The trash enclosure is at the northwest corner of the building. No detail is provided but this
area must be completely screened, including gates. Recommend the screening be masonry, the
same as the building.
The plans with some modification with respect to parking lot screening appear to be in order.
PROCEDURE
This PUD /C2 proposal, as previously mentioned, is a rezoning with a specific development plan.
As such, it must go through the normal rezoning process. Generally, rezonings are referred to
a neighborhood advisory group. In this case, the Planning Commission is the advisory group
for this industrial park area. A public hearing has been scheduled and notices have been sent.
The Planning Commission should determine whether or not they are prepared to make
recommendations with respect to this Planned Unit Development proposal at this meeting or if
additional time and consideration is needed.
All -in -ail we believe the plans are in order and I will prepare a draft Planning Commission
resolution for the Commission's consideration at Thursday evening's meeting. This resolution
will outline the Planning Commission's consideration of this matter and also site recommended
considerations for recommending approval of the PUD rezoning as well as a set of conditions
which should be included with the approval. Recommended conditions of approval would be
i1 -=' 6
Planning Commission Information Sheet
at least the following:
1. The building plans are subject to review and approval by the building official with
respect to applicable codes prior to the issuance of permits.
2 Grading, drainage, and utility plans are subject to review and approval by the
City engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee (in an amount
to be determined by the City Manager) shall be submitted prior to the issuance
of permits.
4. Any outside trash disposal facilities and rooftop 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 maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the
City ordinances.
8. B612 curb and gutter shall be provided around all parking and driving areas.
9. The applicant shall submit an "as-built" survey of the property, improvements and
utility service lines, prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems, prior to issuance of permits.
11. The plans shall be modified to indicate parking lot screening along the green strip
areas.
12. All work performed and materials used for construction of utilities shall conform
to the Citv of Brooklyn Center's current standard sDecifications and details.
13. The applicant shall enter into a development agreement with the City of Brooklyn
Center, to be reviewed and approved by the City attorney, prior to the issuance
of building permits.
17-9-1 7
Planning Commission Information Sheet 0
14. The area identified on the site plan as undeveloped shall be seeded in a manner
to allow appropriate maintenance. Further development of this area is subject to
amendment to this Planned Unit Development.
YORK
AV
[ITH] -
��H AVE. N. F Pig
-2 _Efli -5-
�A. N.
/� �\ �' \7 ° D r �� V INCEN T
X ?' � ,� ��t� �,,
JP ON
--------------
Z1
2�
X\X
A, x
X,
<
EAR LE
-- � � J � t ' o �t- \ �A p�j �:
�� �� L L _ _ . WNW
SUWIT DR. _ Af. OZ
OGAN AVE. H. ------
'N 'RAY S'311V
KA 1H
?a -n
EAR 1R0*1 DR. F VV
JAWS AVE. - .d13 s3rcyr
1AY !)NIAW
[--- Em
RM11 [RV NPAJ
=1= �� V,
W4T .1
I HUMBOLDT Ay�j. _X
-
GIRAAD AVE...?
V-11TITIT FFTTITFI
RIPW AVE.
[�I UAR nW � �l r
r A
� - ii I Iii _ �
iv
CV
04
�� � Y1l LtlMN1 w r .ac. � '+
O P
COV ° XJIIV 39 IV101
F. -1 Liul 111
ea o[ r[
C(I ( Q 1 9f
- - - - -- - _
o _
- - - -- - - -,
IM
I I cc CEJ)EB
. Q ,
ED
O
_ ..
s
"` - O -
111 \�... a - - - -_ _._ -_- .. L. "� ' � - `:lam — — -•� f
E
C ILA
uo
U
A _
r�
Y ::
s
a
I�
4
r r I r r r r r r r i i i
- flTfffflTrFMJlT
I I wIll I I I I
am a
iL
T ._______ T a._ a y _________________ ________________._
EA6T ELEVATIGN O _
� a
EXTERIOR FW410" 5CHEDULE.
..a «a...,..'....•......,. ta... ,,,........ U
O
am
....rc. vv �.ea w..• ea ,rwr'nu u H
0 .d.
wee ��"°"e` � '_"--_' � I t — •.� +.
i r
Cllr OPEN =VATI
I�
3
- - - - - - - - - - - - -
11.1 Wfl —nom..'
G - O
n ,.
B M W
ELEVATION . _
' : Q O K
�u
EXTERIOR FNI544 ECNEOME,
rw.ea>. na.acnwew caaw
.00.e ....... ...�........<. �ta a ,,,....,.,...
rv.,i -a.. •....mow _- �.a.w>',�..'.aH
❑ ❑ R f ❑ ❑ n.. ,osw
Nunn= a
. ,. t or
r";. �- -ma ;�• y -�
A I /
. a�
s---- ` .
s e4iS�' • - � . I
W.54 I
S I 4
C
... �_�4jr —_ T ��� mow• - "� .�b
AY ��li
xa
1 ii r
ul
I �a
< � 6
�\ pt `pt G p�
\ o
i � Y
� s FREEWAY - -- ` _"'"�� E'VgRO ��\, a• � fi� l �"�"p...�„ —
` . t
Utltitlea Plan ,
1
1` \ 1 \ ! I J/ JJ / J J //� ��I 11 � .,..._ t�i>r�w....,_....�t�ri• i
\ � - - - -., \ ! --- / �\/ '/ // / 11111 I � rt.. ",,✓
— tq \� ,... - -- e - z,�:•�.• � _ \ III Illr / / /! 2 � � "° j
0 0
V AR D
g `q
.. �u. . 1• A —
... ..:' °� ,. ::» - r 1 �I � � I sew I S►tj! ,� >;
,... ' ✓J7f: �_.-- .' j 9rL -w .A�.s.. _._ y F W du5�
....�., .,�.. . ...... I ! -- 1,. s
.i =,•. ..�. .. ... w W �• _." _ � moo. {� — v r• -a+... _ m � {�,�y
`p - •- -.- 94tis�- i rn Ham., --_ -- _
1eofYxd — ♦.�r� -rr
I hN — ♦ Gw. - .'w \'d � 3
1 I 1--11 rl t y . cnec
� n Y
I � •' it � I 1 u
1
Landscape Plan
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION REGARDING DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 94014 SUBMITTED
BY COUNTRY HARVEST BUFFET MANAGEMENT INC.
WHEREAS, Planning Commission Application No. 94014 submitted by Country Harvest
Management, Inc. proposes rezoning from I -1 (Industrial Park) to PUD /C2 (Planned Unit
Development/ Commerce) of the property located at the northwest quadrant of Freeway
Boulevard and Shingle Creek Parkway; and
WHEREAS, this proposal comprehends the rezoning of the above mentioned parcel and
site and building plan approval for a commerce planned unit development involving a 10,000
square foot, 400 seat restaurant at that location; and
WHEREAS the Planning ommission held a duly called public hearing on November
8 Y P g
17, 1994, when a staff report and public testimony regarding the rezoning and site and building
plans were received; and
WHEREAS, the Planning Commission recommended approval of Application No. 94014
by adopting Planning Commission Resolution No. 94 -2 on November 17, 1994: and
WHEREAS the City PP Council considered Application No. 94014 at its November 28,
1994 meeting; and
WHEREAS, the City Council has considered this rezoning and site and building plan
request in light of all testimony received, the guidelines for evaluating rezonings contained in
Section 35 -208 of the City's Zoning Ordinance, the provisions of the Planned Unit Development
Ordinance contained in Section 35 -355, and in light of the City's Comprehensive Plan; and
WHEREAS, the City Council has determined that the specific development proposed for
the property is appropriate, but that the most appropriate underlying zoning classification for the
property is I -1 (Industrial Park).
NOW THEREFORE BE IT RESOLVED BY the City Council of the City of Brooklyn
Center that Application No. 94014 submitted by Country Harvest Buffet Management, Inc. be
approved as a rezoning to PUD /I -1 in light of the following considerations:
1. The rezoning and site and building plans are compatible with the standards,
purposes and intent of the Planned Unit Development section of the City's Zoning
Ordinance.
Resolution No.
2. The rezoning and site and building plans will allow for the utilization of the land
in question in a manner which is considered compatible with, complimentary to
and of comparable intensity to adjacent land uses as well as those uses permitted
on surrounding land.
3. The utilization of the property as proposed under this rezoning and site and
building plan will conform with City Ordinance standards and is considered a
reasonable use of the property.
4. The rezoning and site and building plans are considered compatible with
recommendations in the City's Comprehensive Plan for this area of the City.
5. The rezoning and site and building plans appear to be a good long range use of
the existing land and can be considered to be in the best interests of the
community.
BE IF FURTHER RESOLVED by the City Council of the City of Brooklyn Center that approval
of Application No. 94014 as a rezoning to PUD /I -1 be subject to the following conditions and
consideration:
1. The building plans are subject to review and approval by the Building Official
with respect to applicable codes prior to the issuance of permits.
2. Grading, drainage and utility plans are subject to review and approval by the
Engineering Department prior to the issuance of permits.
3. A site erformance agreement and su supporting financial guarantee in an amount
P PP g g �
to be determined by the City Manager) shall be submitted prior to issuance of
permits.
4. Any outside trash disposal facilities and roof top mechanical equipment shall be
appropriately screened from view.
5. The building is to be equipped with an automatic fire extinguishing 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 maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the
City Ordinances.
8. B612 curb and gutter shall be provided around all parking and driving areas. 0
Resolution No.
9. The applicant shall submit an "as -built survey" of the property, improvements and
utility service lines, prior to release of the performance guarantee.
10. The property owner shall enter into an easement and agreement for maintenance
and inspection of utility and storm drainage systems, prior to issuance of permits.
11 The shall modified to indicate
parking lot screening along the green strip
epan be p g g g g P
areas.
12. All work performed and materials used for construction of utilities shall conform
to the City of Brooklyn Center's current standard specifications and details.
13. The applicant shall enter into a development agreement with the City of Brooklyn
Center, to be reviewed and approved by the City Attorney, prior to the issuance
of building permits.
14. The area identified on the site plan as "undeveloped" shall be seeded in a manner
to allow appropriate maintenance. If, after three years from the date of the
issuance of building permits for this project, this area is not developed or
improved additional landscaping, underground irrigation and B612 curb and gutter
shall be installed in accordance with City Ordinances. The performance
. guarantee for this project shall not be released in its entirety until this area is
developed or said required improvements have been completed.
P 4
15. Further development of the area identified as "undeveloped" is subject to
amendment to this planned unit development. The City will not allow this area
to be developed as a fast food or convenience food restaurant. The development
agreement mentioned above shall acknowledge this restriction or limitation.
Date Mayor
ATTEST:
Deputy City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
and upon voting being taken thereon, the following voted in favor thereof:
and the following voted against the same:
where upon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of
1994, at p.m. 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 -1200. INDUSTRIAL PARK DISTRICT (I -1).
The following properties are hereby established as being within the (I -1) Industrial Park District
zoning classification:
Tract[s] A [and B], R.L.S. No. 1619
• Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT S RICT (PUD).
The following properties are hereby established as being within a (PUD) Planned Unit
i
Development District zoning classification:
3. The following properties are designated as PUD /I -1 (Planned P p g ( anned Unit
Development /Industrial Park): Tract B, R.L.S. No. 1619.
Section 2. This ordinance shall become effective after adoption and upon thirty (30) days
following its legal publication.
Adopted this day of 1994.
ATTEST: Todd Paulson, Mayor
Deputy City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be deleted.)
i
Council Meeting Date 11/28/94
3 City of Brooklyn Center Agenda Item Number — Z�Q �
Request For Council Consideration
i Item Description:
1995 City Council Meeting Schedule
Department Approval:
���1Q/LbYL��i
Sharon Knutson, Deputy City Clerk
Manager's Review /Recommendation: '
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Approve the proposed 1995 City Council meeting schedule.
Summary Explanation: (supporting documentation attached No )
Following is the proposed 1995 City Council regular session and work session meeting schedule.
• Meetings have not been scheduled for December to allow some flexibility with regard to budget
hearings.
January 4, Work Session, Wednesday July 10
January 9 July 17, Work Session
January 23 July 24
January 30, Work Session
February 13 August 14
February 21, Work Session, Tuesday August 21, Work Session
February 27 August 28
March 13 September 11
March 20, Work Session September 18, Work Session
March 27 September 25
April 10 October 10, Tuesday
April 17, Board of Equalization October 16, Work Session
April 24 October 23
May 8 November 13
May 15, Work Session November 20, Work Session
• May 22 November 27
June 12
June 19, Work Session
June 26
Council Meeting Date 11128/94
City of Brooklyn Center Agenda Item Number 110 1 h
Request For Council Consideration
is Item Description:
HUMBOLDT AVENUE PROJECT - STATUS AND DIRECTION
Department Approval:
ju
Diane Spector, Direct 1 f Public Services
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Accept by motion the report of the Northeast Transportation Corridor Task Force and consider
discharging the task force. Review the status of the project. Provide direction for staff.
• Summary Explanation: (supporting documentation attached Yes )
The City Council on October 24, 1994 received the report of the Northeast Transportation Corridor
Task Force. The Task Force report (a copy is attached) detailed findings and made
recommendations to the Council, in accordance with its charge.
The Council at that meeting did not formally accept the report, nor did the Council discharge the
task force. It is recommended that the Council do so.
It is apparent that there is still a lack of consensus among the various parties as to which option
should be implemented for the Humboldt Avenue improvement. The Task Force recommended a
street improvement with reconstruction to a width of 36 feet -- a two lane road with parking on one
side. The basis for this recommendation was that on- street parking is an important characteristic of
a neighborhood, and to eliminate parking would be counter to the goal of neighborhood
preservation.
It was reported at one of the Task Force meetings that according to an informal poll taken by a Task
Force member, some of the neighbors felt parking was very important them; others said parking
was important, but not so important as to justify widening the road. Other neighbors felt that
parking was not necessary. This informal poll did not indicate a clear majority for either option.
A suggestion was made during the November 14 call -in period that the Council consider buying out
the houses on one side of Humboldt and constructing 69th Avenue -like parkway. This option was
g p Y P
considered and not pursued by the Task Force as being very costly.
Request For Council Consideration Page 2
Staff desires direction from the Council as to which option, if any, to pursue. The City's consultant
also, obviously, needs direction; if this improvement is amended considerably or if construction will
not take place in 1995, then a contract amendment needs to be processed. Finally, the 73rd Avenue
project has been tied to Humboldt Avenue, and that project cannot move forward until a decision in
made.
In general, these are the identified options, with some comments:
1) Do nothing. This option would be to sealcoat the road or to provide a maintenance overlay
to get another five or six years out of the roadway, and then revisit the issue at that time.
2) Construct a 30 foot street. This project would be funded totally from state aid and local
state aid funds (i.e., no special assessments). This is approximately the current street width.
No arkin would be allowed.
P g
3) Construct a 36 foot street. This project would be funded from state aid, local state aid, and
special assessments. With a straight alignment, the width of the boulevard between the
sidewalk and the street would be reduced on both sides of the street about three feet. With a
curvilinear alignment, in some areas the street would abut the sidewalk. An estimated 14
trees would be lost to widening. Because this option would include special assessments, the
Council would need to conduct a special assessment hearing, which is recommended to be
conducted prior to construction.
4) Construct a parkway. While this option would be eligible for state aid, it would cost an
• estimated 3.25 million, mostly g wa for right of acquisition. The state aid fund would not
� Y ac q
be able to finance that amount until the 69th Avenue bonds are retired in about 12 years.
"Saving up" for such an improvement is very difficult - cities can only accumulate so much
in their state aid accounts, and the local state aid account is spent down on other projects as
fast as it grows, such as sidewalk and trail construction, amenities such as power
undergrounding, and the Assessment Stabilization Program. Right of way could be
purchased in phases, as funds are available, but the slow removal of properties from the area
would probably reduce the attractiveness of the neighborhood. While this option could be
implemented as a long -term solution, for the near -term the city simply could not afford to do
so, especially in light of other worthy projects demanding resources, such as Brooklyn
Boulevard widening and enhancement.
5) Some other option, perhaps involving review and possible reassignment of state aid
designations. The Council should be aware that any adjustment of the City's municipal state
aid system should be done in a deliberative fashion, to maintain the integrity of not only our
system but also that of Brooklyn Park. There are specific regulations regarding what can and
can't be done. Moving a designation which would make the system discontinuous may have
the unintended effect of forcing Brooklyn Park to make a change to its system Such a
change nearly always has financial consequences.
• In summary, staff requests direction from the Council as to which option, if any, it wishes to
pursue, and if an improvement in 1995 is likely.
City of Brooklyn Center
Northeast Transportation Corridor Task Force
Findings and Recommendations
The Northeast Transportation Corridor Task Force was established by the City Council on May
9, 1994. The Task Force's general purpose was:
... to review traffic and transportation issues and make recommendations to: reduce
the level of traffic on Humboldt Avenue; reduce congestion on T.H. 252; provide
access; define roadway function; preserve neighborhoods; and to address other
planning issues.
The Task Force was charged with providing an interim report to the City Council by July 25,
1994 outlining specific interim improvements to Humboldt Avenue to provide immediate relief
from cut - through traffic. The Task Force provided this interim report The Task Force was also
charged with reporting to the City Council by October 24, 1994 with recommendations regarding
long -term improvements to Humboldt Avenue, and long -term transportation policies. This
constitutes said report. The Task Force met ten times in fulfillment of its charge. The following
are the group's findings and recommendations:
FINDINGS
• Whereas, Humboldt Avenue is designated as a collector roadway; and
Whereas, Humboldt Avenue serves various abutting functions, i.e., commercial and high density
residential south of 69th Avenue to 65th Avenue and low density residential from 69th
Avenue to 73rd Avenue; and
Whereas, Humboldt Avenue is designated as a collector within the limits of Brooklyn Park from
73rd Avenue to T.H. 252; and
Whereas, the Northeast Transportation Corridor Task Force has studied traffic issues, access,
function and preservation of neighborhoods.
Now, Therefore, the Northeast Transportation Corridor Task Force makes the following findings:
1. The roadway from 69th Avenue to 73rd Avenue serves as a collector.
2. T.H. 252 serves as a principal arterial and is currently functioning at capacity. Humboldt
Avenue is located such that peak hour traffic diverts to the roadway especially when T.H.
252 is congested.
October 24, 1994 Paae 1
Northeast Transportation Task Force Findings and Recommendations
3. Short term efforts to reduce congestion on T.H. 252 include construction of acceleration
lanes for access, coordination of traffic signals and construction of left turn deceleration
lanes, as per Brooklyn Center resolution 94 -184 and Brooklyn Park resolution 1994-
240, requesting Mn/DOT to consider same.
4. Based on current traffic volumes and projected volumes on Humboldt Avenue, an
appropriate roadway design would be two through lanes, two parking lanes.
5. The preservation of neighborhoods in both Brooklyn Center and Brooklyn Park from 69th
Avenue to 81st Avenue established in the 1965's, is a goal which best serves the local
neighborhood and community.
6. On street parking, to some extent, preserves neighborhood function and the minimum
street design which meets state aid standards with parking on one side is 36 feet.
7. The traffic control technique which has a probability of significant reduction of traffic on
Humboldt Avenue is elimination of Humboldt Avenue access to T.H. 252.
8. The Task Force has considered "Neighborhood Traffic Control" (NCITE, January 1994)
and finds that additional traffic control techniques are not reasonable considering the
function of the roadway.
9. The
Stop uns posted on Humboldt at 70th and 72nd have reduced speed, increased
P _ P p n sed
access, and improved safe and courteous driving habits.
RECOMMENDATIONS:
Now, Therefore, the Northeast Corridor Transportation Task Force recommends:
1. Collector roadways within the community serve the individual resident, the local
neighborhood and greater neighborhood. Road reconstruction should be designed to best
meet the needs of those persons served.
2. The Brooklyn Center council should encourage Mn/DOT to improve T.H. 252 to include
traffic signal coordination in the corridor from 66th Avenue to 93rd Avenue.
3. Stop signs at 70th Avenue and 72nd Avenue should remain.
4. Design should incorporate preservation of neighborhood aesthetic features as much as
possible.
•
October 24, 1994 page 2
Northeast Transportation Task Force Findings and Recommendations
5. The i
i C ty should request the support of Brooklyn Park ad Mn/DOT to restrict ri
•
q PP ht turns Y g
to south Humboldt Avenue from T.H. 252 and to westbound 73rd Avenue from T.H. 252
from 6 -9am. This has the greatest capacity to reduce traffic on Humboldt Avenue, while
allowing residents to have access to our communities. It is also recognized that said
restriction will increase traffic on alternate streets, i.e., Brookdale Drive, 73rd Avenue,
70th Avenue, and 66th Avenue. The City of Brooklyn Center should assist Brooklyn
Park monetarily to achieve said closure.
6. Reconstruction of Humboldt Avenue should occur at minimum standards permitted by
MSA as a two lane road with parking on one side.
NORTHEAST TRANSPORTATION CORRIDOR TASK FORCE
Frank Slawson, Chair
Robert Borchardt Doug Pearson
• Larry Cuskey Al Peters
Chuck Lenthe Terry Prccht
Stanley Owens Linda Smith
Tim Parker Michael Schwartz
Todd Paulson Tim Willson
Diane Spector (Brooklyn Center Staff Gary Brown (Brooklyn Park Staff Liaison)
Liaison)
Respectfully Submitted This 24th of October, 1994,
Diane Spector (Brooklyn Center Staff Liaison
J
•
October 24, 1994 Pa 3
Member Barb Kalligher introduced the following resolution and
moved its adoption:
RESOLUTION NO. 94 -99
RESOLUTION ESTABLISHING THE NORTHEAST TRANSPORTATION CORRIDOR TASK
FORCE AND DEFINING DUTIES AND RESPONSIBILITIES
WHEREAS, the Brooklyn Center City Council has authorized the creation
of an ad hoc task force for the express purpose of evaluating traffic issues
in the Northeast area of Brooklyn Center, and assisting the City Council in
formulating priorities related to traffic improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that there is hereby established within the City
of Brooklyn Center an advisory ad hoc Task Force as follows:
Subdivision 1. TITZ.E: T'ni s organization shall be known as the Brooklyn
Center Northeast Transportation. Corridor Task Force.
Subdivision 2. SCOPE: The scope of activity of this Task Force shall
consist of advising the City Council regarding matters relevant to
traffic and transportation policy in the T.H. 252 corridor and the area
from the Mississippi River west to Noble Avenue North, from 85th Avenue
North to I- 94/694.
Subdivision 3. PbJR_FOSE: The general purpose of this Task Force shall
be to review traffic and transportation issues and make recommendations
to: reduce the level of traffic on Humboldt Avenue; reduce congestion on
T.H. 22; provide access; define -roadway function; preserve
neighborhoods; and to address other planning issues:
Subdivision 4. DUTIES AND P'Z- SPONS In fulfillment of its
pur7ose, t:.e duties a ^.d Of the Task Force s:: ^al l be to:
Report to the City Council by Duly 25, 1994 With S7ecz1: interim
improvements to provide 4— ediate relief On Humboldt Avenue from cut -
t- .rough traffic.
Report to the City Council by October 24, 1994 with recommendations
regarding long -term improvements to Humboldt Avenue, and regarding
to a -term transportation policies.
Subdivision 5. COuPOSIT =ON: The Task Force shall be composed of up to
four -een (14) members , all of +ihorr, shall be appointed and serve as Set
forth in Subdivision 6.
Resolution No. 94 -99
Subdivision 6. ME;iBERS METHOD OF SELECTION - TERM OF OFFICE - RIMOVAL:
• Chairperson The Chairperson shall be
p appointed by the Task Force
from its membership. The Chairperson shall assure fulfillment of the
following responsibilities in addition to those otherwise described
herein:
1. Preside over meetings of the Task Force;
2. Appear or appoint a representative to appear, as necessary,
before the City Council to present the viewpoint of the Task
Force in matters relevant to business under consideration
by the City Council;
3. Review all official minutes of the City Council and other
advisory commissions for the purpose of informing the Task
Force of matters relevant to its charge.
Vice Chairperson A Vice Chairperson shall be appointed by the Task
Force from its membership. The Vice Chairperson shall perform such
duties as may be assigned by the Chairperson and shall assume the
responsibilities of the Chair in the absence of the Chai_Dersson.
Reoresentation: The Task Force shall be comprised of the following
members:
Two (2 ' residing on Humboldt Avenue between 69th and
i 3rd Avenues Nort in Brooklyn Center
2• Two (2) persons residing elsewhere in Brooklyn. Center
One (1) representative from the Brooklyn Center business
community
'�. One (1) Brooklyn Center City Council member
5. One 1 T ?
(_) Brook_yr. Ce..t.,_ P1arning Commission member
6. ( )
Two 2 persons at large
In addition, the Brooklyn Park Ciz,,r Council may choose int
to a�po
re,iresenzatives from that c0;.: Suggested representation is:
Two (2) persons residing On Humboldt Avenue North in
Brooklyn. ?ark
8. Two (2) persons residing elsewhere in Brooklyn Park
9. One (1) Brooklyn Park City Council member
`umbers' 'Term of off X -mbe_s of the Task Force representing
3rookly� Center residents, businesses Commissio r -
^ _ ns, o_ its City
Council Shall be - he Mayor with majority consent oL the
COL Vembers representing Brooklyn Park residents Or its City
COunci_ S ^.all De _ ^CO'_ tOC _he 3rock'vn Park Ci ,I COL'nCi_.
Z:e -IlS C_ C:._1Ce S::,2__ De .e ! e o= t;;e 1as: 'OrCe as se., _o__:i
J1. bd i'iiSiOn i
Resolution No. 94 -
In the event an appointed member suffers from an extended illness,
disability, or other activity preventing proper fulfillment of
duties, responsibilities, rules and regulations of the Task Force,
the member may be temporarily replaced during the temporary leave by
an interim member. Interim members of the Task Force representing
Brooklyn Center residents, businesses, Commissions, or its City
Council shall be appointed by the Mayor with majority consent of the
City Council.
Conflict of Interest Members of the Task Force representing
Brooklyn Center residents, businesses, Commissions, or its City
Council shall comply with provisions of the City of Brooklyn Center's
business ethics policy.
Resigiations- Removal from Office- Vacancies Members of the Task
Force representing Brooklyn Center residents, businesses,
Commissions, or its City Council may resign voluntarily or may be
removed from office by the Mayor with consent by majority vote of the
City Council. Three consecutive absences from duly called Task Force
meetings or absences from a majority of duly called Task Force
meetings within one calendar year shall constitute automatic
resignation from office. The City Manager shall inform the Mayor of
such automatic resignations. Vacancies in the Task Force shall be
filled by Mayoral appointment with major consent of the City
Council.
Comtensatien Members shall serve without compensation.
Subdivision 7, RULES AND PROCEDURES: T_he Task Force shall adopt such
rulas and procedures not inconsistent with these provisions as may be
necessary for the proper execution and conduct of business.
Subdivision 8. 'HEEETINGS: The initial meeting of the Task Force shall
be convened within thirty (30) days after establishment by the Council.
Thereafcar, regular meetings shall be held with date and time to be
determined by the Task Force. Special meetings may be called by the
chalrDerSOn.
Subdivision 9. STAN The .Mayor wi =h maj ority consent O�
L te Counci i
shall assign one member of the City's staff to serve as staff to the
Task Force. The star= member assigned shall perform Such clerical and
research duties on behalf of the Task Force as may be assigned by the
chairperson. in addi.._on, the City Of 3rooklyn Park will be requested
to assign One staff member to serve as Staff t0 the Task Force.
Subdivision 10. r". OFFICIO MEMBERS. .A. representative of Mn/DOT, a
representative from the Metropolitan Counci , and a representative from
t; e Re Transit 3Oard shall Serve as ex Officio members Of the Task
^Orce, prlvileged to speak On _ T matter Dut wig ^Out a vote and SnalI
provide a 1_m_Son betwe the _3s 70=ce a nd `-e r°S7ective Counls
or 3cards.
Resolution No. 94 -99
is Subdivision 11. TASK FORCE TER.': The provisions of this resolution
shall expire upon Council acceptance of the Task Force's final report,
unless specifically extended by the City Council on or before said date.
Mlay 9, 1994
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott , and upon vote being taken thereon, the
followi�y voted in savor thereon.
Tcdd Paulson, Celia Scott, Dave Rcsene, Barb Kallicner, and Kristen Mann;
and the following voted against the same: ncn
e,
wnereupc -, said resolution Has declared duly passed and adopted.
Council Meeting Date 11/28/94
City of f Brooklyn Center Agenda Item Number
Request For Council Consideration
Item Description:
STAFF REPORT RE: SPECIAL ASSESSMENTS FOR STORM DRAINAGE IMPROVEMENTS,
AND THE ASSESSMENT STABILIZATION PROGRAM
Department Approval:
Diane Spector, Director of Ibiblic Services
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
1) Amend the financing and special assessment policy relating to storm drainage improvements as
detailed on page 2.
• 2) Amend the Assessment Stabilization Program as detailed on page 3.
Summary Explanation: (supporting documentation attached Yes )
The City Council at its September 19, 1994 work session reviewed the City's policy for special
assessments for street construction. At that time the Council expressed a need to review two
additional related items: the City's policy regarding financing of storm drainage improvements
related to street improvements; and the Assessment Stabilization Program.
The discussion below includes recommendations to amend the City's current policies in these areas.
After the Council has discussed and come to an agreement on these policies, I will update the City's
Special Assessments for Street Construction Policy, and bring that back to the Council for final
approval.
Storm Drainage ]Improvements
P
The Council has expressed some concern that 1) the Storm Drainage Utility Fund rates are
increasing faster than anticipated, and are reaching a maximum comfort level, 2) without continuing
to increase rates, the Fund will not be adequate to finance all needed improvements, and 3) some
property owners in the City were assessed the full cost of storm sewer construction when their storm
sewers were installed 25 or 30 years ago, yet the current policy is that new installations are paid
entirely by the Fund, which is unfair to those property owners who paid their fair share.
Public Services Coordinator Jim Glasoe has reviewed the storm drainage improvement financing
Request For Council Consideration Page 2
policies of a number of area cities; a summary is attached. In general, every community seems to
have a slightly different approach. It appears that few cities surveyed finances new storm sewer
• construction as does Brooklyn Center: that is, entirely paid for from the Storm Drainage Utility. A
common approach is to include storm drainage improvements in the total cost of the street project,
which is then split between special assessments and other revenue sources such as GO bonds or
Storm Drainage Utility Funds. Some respondents commented that they wished they had the
flexibility hat Brooklyn Center en'
ty y boys with the Storm Drainage Utility.
tY
Some communities apparently charge some portion of the cost of larger improvements on a sub -
watershed basis. Using this type of approach, the cost of the Northwest Regional Pond would have
been financed in part by the Storm Drainage Utility (in other words, by all property owners in the
City) and in part by the property owners in Middle Shingle Creek Subwatershed 3.
It is my recommendation that the Council consider the following approach:
1) For basic repair and maintenance to existing systems, or minor upgrades, the Storm Drainage
Utility shall pay the entire cost.
2) For construction of new storm sewer facilities, or substantial upgrades of existing facilities,
the benefitting property owners shall pay 40 percent of the total cost and the Storm Drainage
Utility 60 percent.
3) For regional facilities, a hydrologic analysis shall be conducted which evaluates subwatershed
• benefit, and the City Engineer shall recommend appropriate financing. The City Council
shall determine on a case by case basis the appropriate cost sharing between the property
owners of the benefitting subwatershed and the Storm Drainage Utility.
Following this approach, in the Northwest Area the additional special assessment per property for
storm sewer would have been around $700 -800, and in the James /Knox area about $500. This
compares to $600 - 1,100, the cost that other properties in the City were assessed when storm sewer
was constructed in their areas, updated for inflation.
Assessment Stabilization Program
The City Council made 57 Assessment Stabilization grants in the James /Knox and Northwest Areas.
Out of a total 188 properties assessed, that means that 31 percent of the property owners received
some financial assistance. When the program was established, I had estimated that 35 percent of
property owners would be eligible for some assistance. The attached table summarizes grants which
were made, by family income and size.
There are two particular concerns regarding this program. While it has been overwhelmingly
positively received, as currently established it is an expensive program. This first "half year"
program cost over $65,000, which is in line with my estimate of a full year's program cost of
$110,000 to 160,000. The council did choose the most generous, and most expensive option in
• implementing this program.
Second, and relatedly, no permanent source of funding has been established for this program.
Currently, it is funded from the Local State Aid account. This account now stands at about $2.5
million. This is the source of funds used to pay for sidewalk and trail improvements, amenities
such as undergrounding power, landscaping, and miscellaneous projects such as the upcoming
Request For Council Consideration Page 3
Brooklyn Boulevard improvements. This Fund is not capable of supporting both the Assessment
Stabilization Program and the other improvement demands.
• At the same time, the Assessment Stabilization Program is an important component of the
g P P
Neighborhood Street Improvement Program. Even property owners who are not eligible seem more
favorable toward projects as a whole knowing that the most vulnerable residents are protected by
this program.
I recommend that the Council consider rethinking the philosophy behind Assessment Stabilization.
Currently, all property owners whose income falls below the HUD "very low" income threshold pay
no assessments at all, while those between the "very low" and "low" pay a prorated amount. In
response to the Council's suggestion that most property owners should be able to afford to
contribute at least a minimum amount, I offer the following, based on our first year's experience
with the program.
1) There appear to be few extremely low income property owners, primarily widows or senior
couples living on a very small pension plus a small amount of Social Security. Out of the
188 property owners assessed for the two projects, only 4 property owners had annual
incomes less than $10,000. The Council could consider establishing an income limit below
which no assessments would be levied. However, this floor would have to be set for each
family size, and would have to be based on some objective criteria -- perhaps some percent
of the "very low" income threshold (a memo describing income limits for 1994 is attached).
2) Even the lowest property owners could probably afford to contribute something toward the
® assessment -- an assessment of $50 translates into less than $1 per month, while an
assessment of $200 is just over $3 a month. An option the Council could consider is to
make grants progressively, that is, "very low" income property owners paying a smaller
percentage of the assessment, and the "low" income property owners paying a larger
percentage of the assessment. Above the "low" income limit, of course, property owners
would pay the full assessment. (See attached graph). This would reduce the cost of the
program, yet continue to provide financial assistance to lower income property owners.
3) Administering this program was very time consuming. While it will be easier next year, few
applicants to the program had straightforward financial conditions. Many required study and
interpretation. Also, staff visited the homes of several seniors who were unable to get to
City Hall to have their applications notarized, or to et their financial records copied for
PP g P
submission.
Summary
Based on tonight's and previous discussion, I will prepare an amended Special Assessment for Street
Construction Policy Manual for future Council review and adoption.
•
MEMORANDUM
Date: November 20, 1994
To: Diane Spector
From: Jim Glasoe'±0
Subject: Storm Drainage urvey
Attached please find a summary of information recently collected regarding surrounding
• municipality's policies and charges for storm drainage. Included is information on annual
storm drainage revenues collected, typical storm water projects, and various funding issues.
While the communities surveyed included both core cities and various ring suburbs, their
approaches to storm water issues were fairly consistent. All communities indicated that they
did work specifically related to storm drainage issues (i.e., install, replace, repairs, street
sweeping, and storm water management plans). And most, collected revenues to help offset
these activities. The biggest exceptions to this, were the cities of Minneapolis and St. Paul
who did not have a current charge specific to storm water. But instead, completed storm
drainage projects using general utility funds.
Most remaining communities seemed to take a similar approach to storm drainage work.
They complete street sweeping and general maintenance on an ongoing basis. Install repair
and replace as necessary. And pay for it all using a combination of user fees (assessments or
ongoing billings), retained earnings, and the sale of bonds.
Of those communities that did charge assessments, the rates varied from .03 to .11 cents per
square foot. All three communities that assess for projects did so on a "one time only"
basis, and felt a specific charge for storm water would provide for greater flexibility in the
amount and types of storm water work they could do.
In summary, while all communities perform work related to storm water, there are some
small variations in the ways they pay for it. The most common practice is a specific charge
related to storm water coupled with the sale of bonds for large projects.
•
In addition to the survey, I have received information on a variety of low interest
loans for water quality projects available through the Minnesota State Revolving Fund. A
summary of two programs which may have some potential for the city follow.
Clean Water Partnership Loan Program (MPCA)
Who is eligible ? - Local units of government- counties, cities,
municipalities, watershed districts and joint powers organizations
What is eligible ? - Projects that target the restoration and protection of a
water resource (i.e., lake, stream, and /or groundwater aquifer. Loan funds
will be used to implement Best Management Practices (BMPs) which
address nonpoint sources of water pollution.
When are loans available ? - Loan awards will be made to local units of
. government in early Spring.
What is the current interest rate ? - The interest rate for 1994 -95 loans will
be Zero percent.
Storm Water Loan Program (MPCA)
Who is eligible ? - Municipalities as defined in state statute- counties, cities,
towns, the Waste Control Commission.
What is eligible ? - Projects to control nonpoint- source pollution caused by
storm water run off.
When are loans available ? - Loans will be available following the
completion of the required administrative rule revision, anticipated to be
February 1995.
What is the current interest rate ? - Rates will be market rate or less. They
will be determined by the Public Facilities Authority based on median
household income.
•
i STORM DRA AGE ASSESSMENT is
PHON SURVEY 1995
City Annual Revenue Typical Projects How Are Capital Projects Funded? Any User Assessments, Unique Funding Appoaches
Storm Sewer Area Charges?
Brooklyn Center $702,000 Repair, replacement, gen maint. User fees, bonds, retained earnings None Currently No
usually done with street imp.
Minneapolis No current charge Repair, replacement, gen maint. Gen utility charges, bonds, None Currently No
specific to storm dr usually done with street imp. retained earnings
St Paul No current charge Repair, replacement, gen maint. Gen utility charges, bonds, None No
specific to storm dr usually done with street imp. retained earnings
Robbinsdale $126,000 Building fund, stormwater User Fees, building fund, bonds None Building Fund (retained earnings)
plan, gen maintenance /repair
Brooklyn Park No current charge Installation, repair of storm Charges by proposed project, added to utility bill. No
specific to storm dr sewer, gen maintenance
Crystal $182,000 Replacement, repair of storm User fees, bonds, retained earnings None No
sewer, gen maintenance
New Hope $143,000 Drainage problem areas User fees, bonds, retained earnings None No
general maintenance
White Bear No current charge Street sweeping, leave pickup All affected areas are assessed at .11 per square foot. No
specific to storm dr general maintenance
Roseville $493,000 Street sweeping, leave pickup User fees, bonds, retained earnings None No
general maintenance
Richfield $326,000 street sweep, improvements User fees, bonds, retained earnings None No
gen. maintenance /repair
Bloomington $1,800,000 street sweep, improvements User charges, bonds, retained earnings None No
gen. maintenance /repair
Minnetonka $750,000 Replacement, repair of storm Charges by proposed project, added to utility bill. Payable over 8 No storm water charge but charged by
(General Tax Levied) sewer, gen maintenance years. Not levied as a special assessment, billing handled in -house proposed project, based on acreage.
Charges equal approx. 10 % of project cost
1994 Assessment Stabilization Program Grant Recipients
Number of Recipients by Income and Family Size
i
Family Size:;,
Income �[� 2._: -.3
<$5,000 0
$5,000- 10,000 4 4
$10,000- 12,500 5 1 6
$12,500- 15,000 2 1 3
$15,000- 17,500 3 3
$17,500- 20,000 4 1 5
$20,000- 22,500 2 2 1 5
$22,500- 25,000 7 2 1 10
$25,000-27,500 3 2 1 1 7
$27,500- 30,000 3 1 4
$30,000 - 32,500 1 2 1 1 5
$32,500- 35,000 1 1 2
$35,000- 37,500 1 1 2
$37,500- 40,000 1 1
Total- 1 201 191 61 61 41 2 1 .5�
CITY OF BROOKLYN CENTER 0
ASSESSMENT STABILIZATION PROGRAM
SUMMARY OF GRANTS
James /Knox Area Northwest Area
PROPERTY ANNUAL FAMILY AMOUNT OF ASSESSMENT PROPERTY ANNUAL FAMILY AMOUNT OF ASSESSMENT
AREA INCOME SIZE STABILIZATION PAID AREA INCOME SIZE STABILIZATION PAID
GRANT I I I I GRANT
Knox Ave. $31,517 5 $1,162 $388 71stAve $25,081 5 $1,550 $0
Knox Ave. $10,595 1 $1,550 $0 Perry Ave. $18,862 1 $1,409 $141
Knox Ave. $12,763 1 $1,550 $0 71st Ave. $21,850 2 $1,292 $258
Knox Ave. $15,911 1 $1,550 $0 Scott Ave. $13,742 1 $1,550 $0
James Ave. $19,210 1 $1,268 $282 Scott Ave. $32,986 3 $1,110 $440
James Ave. $23,372 2 $647 $903 Toledo Ave. $42,374 5 $95 $1,455
James Ave. $10,220 1 $1,550 $0 Toledo Ave. $34,479 4 $623 $927
Knox Ave. $8,628 1 $1,550 $0 Toledo Ave. $27,011 3 $647 $903
James Ave. $38,932 4 $211 $1,339 Regent Ave. $23,755 5 $1,550 $0
James Ave. $25,483 2 $505 $1,045 Regent Ave. $37,371 7 $1,034 $516
James Ave. $28,755 2 $518 $1,032 Regent Ave. $22,997 2 $1,322 $258
Knox Ave. $12,391 1 $1,550 $0 Regent Ave. $28,386 2 $518 $1,032
James Ave. $21,551 1 $986 $564 70th Ave. $31,112 3 $551 $999
James Ave. $23,304 2 $1,163 $387 Toledo Ave. $37,162 5 $580 $970
James Ave. $25,379 6 $1,550 $0 Perry Ave. $24,771 2 $1,034 $516
James Ave. $23,428 2 $1,163 $387 Perry Ave. $23,961 4 $1,550 $0
James Ave. $15,832 1 $1,550 $0 Perry Ave. $28,361 3 $884 $666
James Ave. $19,918 2 $1,550 $0 Quail Ave. $9,826 1 $1,550 $0
James Ave. $7,872 1 $1,550 $0 Quail Ave. $27,000 2 $518 $1,032
PROPERTY ANNUAL FAMILY AMOUNT OF ASSESSMENT ERTY ANNUAL FAMILY AMOUNT OF ASSESSMENT •
AREA INCOME SIZE STABILIZATION PAID REA INCOME SIZE STABILIZATION PAID
GRANT GRANT
James Ave. $31,521 4 $932 $618 Quail Ave. $29,418 2 $389 $1,161
James Ave. $17,514 1 $1,550 $0 Quail Ave. $24,315 4 $1,550 $0
Quail Ave. $11,813 2 $1,550 $0
$25,605 $6,945 Quail Ave. $22,673 2 $1,292 $258
Quail Ave. $19,535 1 $1,268 $282
Quail Ave. $17,375 1 $1,550 $0
Quail Ave. $21,497 2 $1,421 $129
Quail Ave. $31,025 2 $121 $1,419
Quail Ave. $20,158 1 $1,127 $423
Quail Ave. $14,961 2 $1,550 $0
TOTAL STABILIZATION Quail Ave. $12,480 1 $1,550 $0
GRANTS $65,576
TOTAL ASSESSMENTS Regent Ave. $28,900 2 $518 $1,032
PAID $22,794
Regent Ave. $26,864 2 $776 $774
Regent Ave. $11,221 1 $1,550 $0
Regent Ave. $6,732 1 $1,550 $0
71st Ave. $22,875 2 $1,292 $258
Perry Ave. $22,248 1 4 $1,550 $0
$39,971 $15,849
BROOKLYN CENTER ASSESSMENT STABILIZATION PROGRAM
Property Owner's Share of Special Assessment
• Based on HUD 1994 Income Limits and $1,550 Special Assessment
Family Family Size
Income 1 2 3 4 5 6 7 8
<$18,000
$ 18,000 $ 141
If your income/family size intersects in the shaded
$ 19,000 $ 282
area your assessment would be $0, and the City
$ 20,000 $ 423
would pay the entire special assessment.
$ 21,000 $ 564 $ 129
$ 22,000 $ 705 $ 258
$ 23,000 $ 846 $ 387 $ 111
If your income
$ 24,000 $ 987 $
516 $ 222
$ 25,000 $ 1,128 $ 645 $ 333
falls on the line
. . . . . . . . . . . . . . . . . .
,
$ 26,000 $ 1,269 $ 774 $ 444 $ 103 between sections
$ 27,000 $ 1,410 $ 903 $ 555 $ 206 call to determine
', Loor
$ 28,000 $ 1,032 $ 666 $ 309 $ 7 your eligibility.
9
$ 412 $ 194
$ 29,000 $ 1,161 $ 777
$ 30,000 $ 1,290 $ 888 $ 515 $ 291 $ 91
,
$ 1419 $ 999 $ 618 $ 3
$ 31,000 88 $ 182
$ 32,000 $ 1,110 $ 721 $ 485 $ 273 $ 86
$ 33,000 $ 1,221 $ 824 $ 582 $ 364 $ 172 $ 78
$ 34,000 $ 1,332 $ 927 $ 679 $ 455 $ 258 $ 78
$ 35,000 $ 1,443 $ 1,030 $ 776 $ 546 $ 344 $ 156
$ 36,000 $ 1,133 $ 873 $ 637 $ 430 $ 234
$ 37,000 $ 1,236 $ 970 $ 728 $ 516 $ 312
$ 38,000 $ 1,339 $ 1,067 $ 819 $ 602 $ 390
$ 39,000 If your income $ 1,442 $ 1,164 $ 910 $ 688 $ 468
i
$ 40,000 falls on the line $ 1,261 $ 1,001 $ 774 $ 546
$ 41,000 between sections, $ 1,358 $ 1,092 $ 860 $ 624
$ 42,000 call to determine $ 1,455 $ 1,183 $ 946 $ 702
$ 43,000 your eligibility. $ 1,274 $ 1,032 $ 780
$ 44,000 $ 1,365 $ 1,118 $ 858
$ 45,000 $ 1,456 $ 1,204 $ 936
$ 46,000 $ 1,290 $ 1,014
$ 47,000 If your income/family size $ 1,376 $ 1,092
e
ne
sections,
$ 48,000 intersection falls in the white $ 1,462 $ 1,170
$ 49,000 area, you are not eligible for $ 1,248
$ 50,000 the program. Your special $ 1,326
$ 51,000 assessment would be $1,550. $ 1,404
$ 52,000 $ 1,482
HOW TO READ THIS TABLE
Calculate your gross family income. Read down the first column. If your income falls between
two numbers (for example, between $26,000 and $27,000►, use the row with the smaller
• number. Read across to the column corresponding to your family size. For example,
income is $26,000 and family size is 2, assessment is $774.
If your income/family size falls on or near the line between sections, call to determine your
eligibility.
If you have any questions, please contact Engineering at 569-3340. 23-Nov-94
Y
m emo
Recydad P
t
DATE: June 15, 1994
TO: Urban Hennepin County Subrecipients
FROM: dark Hendrickson, Office of Planning and Development
SUBJECT: FY 1994 CDBG PROGRAM INCOME LIMITS
(Effective May 31, 1994)
Below are the revised Section 8 income limits for low- income (80% of median) and very
low income (50% of median) households. These income limits are based on the HUD
estimates of median household income for Fiscal Year 1994. As required by statute,
adjustments have been made by HUD in the income for smaller and larger households by
using the four - person household as a base and applying percentage adjustments for
household size.
These income limits must be used in calculating household income eligibility for all CDBG
funded activities which need to document low /moderate income benefit. These income
limits are effective until further notice.
MSA: MPLS. /ST. PAUL FY 1994 MEDIAN HOUSEHOLD INCOME: $51,000
:<.`: ::`.; >::: >.::::.::.ctx�seh�tcf: SEZB .................... ............:..:::............. 80°� .:. ............. 5. 41Q.: :..............................
:><:<:>
1 Person 27,950 17,850
2 Person 31,900 20,400
3 Person 35,900 22,950
4 Person 39,900 25,500
5 Person 43,100 27,550
6 Person 46,300 29,600
7 Person 49,500 31,600
8 Person 52,650 33,650
For reference only, the FY94 Federal Poverty Guidelines published in the Federal Register February
. 10, 1994 are as follows: One person - $7,360, Two person - $9,840; Three person - $12,320;
Four person - $14,800, Five person - $17,280, Six person $19,760, Seven person - $22,240 and
Eight person - $24,720.
Amount of Special Assessment to be Paid By Grant Recipient
1994 Assessment Stabilization Program, Family Size = 1
$1,600
I I I I I I I I 1 I I I I I I I I I I I I I I I I I
I I I 1 I I I I I I 1 1 I I I I I I I I I I I 1 1 I I
I I I I I I I 1 I I I I 1 I I I I I I 1 I I I 1 I 1 1
1 1 I 1 I I I I I I I I I 1 1 I I I I I I I I I I I I
$1,400
-
I I I I I I I I I I I I I I I I I I 1 I I I I I I 1 1
I I I I I I I I I I I I 1 I I I I 1 1 I I 1 I I I 1 1
I I 1 I I I I I I I I I I I I 1 I I I I I I 1 1 I I I
I I I I I I I I I I 1 I I I 1 I I I I 1 I I t I I I
I I I I I I I I I I I I I I I I I I I I I I I I I 1
$ 1, 2 00 I I I - I 1 I
I I I 1 I I I i I I I I I I I 1 I I I I I I I I I 1 I
a I I I I I I t I I 1 I I I 1 I I I I I I I I I I I I I
I
$1,000 I I I I 1 I I I I I 1 I I t 1 I I I I 1 I I I I I I
c - - I - -- - -- -- -- -- - - -1 -- -- - - + -- -- -- r----- 1 - - -1 -- -- - - + -- -- - -1 - --
I
C 1 I I 1
W I I I I I i I I I I I I I I I I I 1 I I I I I I I 1
I I I I I I I I I I I I I I I I I I I I t 1 I I I
N $800 - - '----=-- - -' - --
I I I I I I I I I 1 I I I I I I I I I I I I I
1 I 1
C $600 - r- - - - -1 -- -r- r- r ---- r-1-- r-- T-- r-- r- -r- -1-- -1 - -- -- --r-- r- -r--1 --
O
I I I I I I I I I I I I I I I I I I I I I I I I I 1 I
I 1 1 1 1 I I
i I I I I I I I I I I I I I I I I I
Revised Program
$400
I I I 1 I 1 I I I I I I I I t I I I I 1 I I I 1 I 1 1
I I I I I I 1 I I 1 I I I I I I I I 1 I I I 1 1 t f
I 1 I I 1 I I I I 1 I I I I I I I 1 I I I I I I I
I I I I I 1 I I I I I I I I I I I 1 I I I 1 I I I
$200 -
I 1 I I I I I I I 1 I I I I I I 1 I
I 1 I 1 I I I I I 1 I I I 1 I I I
Current Program
I 1 I I I I 1 I I I 1 1 I t I I I I I I I I I I I I
$0
O O O O O O o O O O O O O O O
O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O
N N N N
v> to yr tir v> yr to tir to to
Family Income
Council Meeting Date 11/28/94
31 City of f Brooklyn Center Agenda Item Numbe
Request For Council Consideration
Item Description:
PROCESS FOR SOLICITATION OF APPLICANTS FOR APPOINTMENT TO THE POSITION OF
COMMISSIONER ON THE SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION
AND ON THE WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION
Department Approval:
Diane Spector, D`rec or of Public Services
Manager's Review /Recommendation:
No comments to supplement this report Co nments below /attached
Recommended City Council Action:
Direct staff to publish notice of vacancy, so that an appointment may be made at the December 19,
1994 regular Council meeting.
Summary Explanation: (supporting documentation attached Yes )
Former City Engineer Mark Maloney has resigned his position as Commissioner to the Shingle
Creek and West Mississippi Watershed Management Commissions. Pursuant to state statutes,
appointing authorities are required to publish a notice of vacancy and fill the vacant position. I
serve as Alternate Commissioner to both of these bodies, and have been attending meetings since
Mark's resignation.
State statutes require that appointing authorities publish notice of vacancies and that they be filled
within 90 days.
Attached hereto are copies of the notice which was published earlier this year when new
appointments were made, and the application forms used during this process. Adequate time is
available to publish the notice and receive applications so that consideration may be made at the
December 19, 1994 regular Council meeting.
•
City of Brooklyn Center
CITY OF BROOKLYN CENTER
MINNESOTA >Ad N NOTICE OF VACANCIES ON
SHL'VGLE CREEK WATERSHED
CONrMSION AND WEST MISSISSIPPI
PueucaT>ays WATERSHED COM MSION
Public Notice is hereby given that vacan-
AFFIDAVIT OF PUBLICATION
cies exist for the positions of Commissioner
OF MINNESOTA) and Alternate Commissioner to the Shingle
Creek Watershed Commission and to the
West Mississippi River Watershed
ss. Commission, representing the City of
COUNTY OF HENNEPI Brooklyn Center. This is a three -year term
M starting in February 1994. Persons interest-
ed in being appointed to serve on either or
Dona I d W. T h u r I o w both of these commissions'should contact
being duly swom on an oath says that heJshe is Sharon Knutson, Deputy City Clerk, at 569-
3300 for an application.
Applications must be received on or
the publisher or authorized agent and employee of the publisher of the newspaper known as before February 21, 1994. Appointments
will be made by the City Council.
Brooklyn Center Sun -Post (February 2,19N-Brooklyn Center)
and has full knowledge of the facts which are
stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,
as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(13) The printed Notice of Vacancies
which is attached was cut from the columns of said newspaper, and was printed and published once each week,
for one successive weeks; it was first published on Wednesday the 2 day
W b r u a r Y , 19 9 4 , and was thereafter printed and published on every to
and including , the day of , 19 ; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice:
a bcdef ghi ikimnopgrs to vwx<z
{
BY.
TITLE: P u b l i s h e r
Acknowledged before me on this
2 day of February 19 94
N ry lic a ,i
RATE INFORMATION
(1) Lowest classified rate paid by commercial users S 1.6C per line
I
or comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter 3 962 per line
(Line, word, or inch rate)
(3) Rate actually charged for the above matter $ 79 per line
(Line, word, or inch rate)
APPLICATION FOR APPOINTMENT TO
SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION
AND
WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION
NAME:
HOME ADDRESS:
Street City Zip
BUSINESS•
OCCUPATION•
BUSINESS ADDRESS:
Street City Zip
HOME PHONE: WORK PHONE:
YEARS LIVED IN BROOKLYN CENTER
I have read the Joint Powers Agreement which defines the purpose,
authority, and responsibility of the Shingle Creek Watershed
Management Commission and the West Mississippi Watershed Management
Commission.
Yes No Comments:
I understand the importance of regular attendance and participation
at Commission meetings and feel I have the time available to be an
active participant (normally held at noon on the second Thursday of
each month).
Yes No Comments
Please list special interests, qualifications and experience which
make ou a good y g candidate for a member of the this Commission.
Signature: Date:
Submit to: Sharon Knutson, Deputy City Clerk
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
[SCWMCAPP]
Council Meeting Date November 28, 1994
City of Brooklyn Center A g enda Item Number
Request For Council Consideration
• Item Description:
RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER WOMEN'S CLUB
FOR THE AFTER SCHOOL PROGRAM
Department Approval:
Sue LaCrosse, Program Supervisor
Manager's Review/Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Summary Explanation: (supporting documentation attached No )
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN
CENTER WOMEN'S CLUB FOR THE AFTER SCHOOL PROGRAM
WHEREAS, the Brooklyn Center Women's Club presented the City a gift of 100
hundred ($100) and has designated that it be used to provide financial assistance for children in
the after school program; and
WHEREAS, the City Council is appreciative of the gift and commends the
Brooklyn Center Women's Club for its civic efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, to acknowledge the gift with gratitude.
i
Date Todd Paulson, 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.
Council Meeting Date 11/28/94
31 City of Br oo klyn Center Agenda Item Number
Request For Council Consideration
• Item Description:
Resolution Acknowledging the 1994 Heritage Festival as an Educational Community Celebration
Department Approval:
�.`.v11 �lllb� 11
Sharon Knutson, Deputy City Clerk
Manager's Review /Recommendation: - ' �ell
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Pass a Resolution Commending the 1994 Heritage Festival.
Summary Explanation: (supporting documentation attached )
•
//,6
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACKNOWLEDGING THE 1994 HERITAGE FESTIVAL AS
AN EDUCATIONAL COMMUNITY CELEBRATION
WHEREAS, the Heritage Festival was celebrated on Saturday, November 12,
1994, at Park Center High School; and
WHEREAS, this year was the third year of the Heritage Festival in which people
experienced and celebrated the racial and ethnic diversity found throughout the Twin Cities area;
and
WHEREAS, the Heritage Festival educated the community and promoted
cooperation between cultures; and
WHEREAS, the Brooklyn Center Human Rights and Resources Commission
participated in the Heritage Festival and exhibited its work in the community; and
WHEREAS, it is highly appropriate that this civic event and community
celebration be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the 1994 Heritage Festival is recognized and appreciated by the City of
Brooklyn Center.
Date Todd Paulson, 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.
Council Meeting Date — 4ff4t9*
3 City of Brooklyn Centel' Agenda Item Numbe
Request For Council Consideration
• Item Description:
RESOLUTION ESTABLISHING PROJECT AND AUTHORIZING DEVELOPMENT OF AN RFP
FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1995 -05, 69TH AVENUE
SHINGLE CREEK BRIDGE REPLACEMENT, AND ROADWAY AND WATERMAIN
IMPROVEMENT
Department Approval:
Diane Spector, Dire'U4 of Public Services
Manager's Review /Recommendation: a
No comments to supplement this report C m ents below /attached
PP re P
Recommended City Council Action:
Approve the resolution establishing Improvement Project No. 1995 -05, 69th Avenue Shingle Creek Bridge
• Replacement, and Roadway and Watermain Improvement, and authorizing development of an RFP for
professional services.
Summary Explanation: (supporting documentation attached Yes )
The Capital Improvement Program includes the replacement of the 69th Avenue bridge spanning Shingle Creek, and
associated improvements such as roadway reconstruction and water distribution system improvements. This bridge was
built in 1940. While it is still structurally sound, it has fallen below the structural sufficiency rating of 50, and as such
is eligible for replacement using federal funding. Adjacent to this bridge is an at -grade bicycle /pedestrian trail crossing.
It has long been our desire to reroute this crossing under the replacement bridge.
Other improvements associated with project include street improvements. Obviously, the approaches to the bridge will
need to be reworked; it is logical to on the west end bring that improvement to the new intersection with Shingle Creek
Parkway. On the east end, at this time we don't know if it makes the most sense to end at Oliver, Humboldt, or
Dupont. Bringing the project to Dupont would have the advantage of completing the corridor on the east side of the
City. It would also allow us the opportunity to complete the major water distribution system improvement recommended
by the consultants Black and Veatch in 1989. One phase of the improvement was completed in 1992, in the area of
Water Tower Two. Another phase was completed as part of the 69th Avenue project. Bringing the project to Humboldt
or to Dupont would have the advantage of improving the intersection of Humboldt and 69th. It would also reopen the
question of traffic signals at this intersection. Because the bridge project would occur in a sensitive wetland area, there
is substantial environmental review and permitting required as a part of the preliminary and final design of the project.
The RFP would request proposals for the following three phases of work:
• 1) Gather data, identify options for design, identify and acquire permits
2) Design
3) Construction Management
69th Avenue is a state aid route. While we don't at this time have a good estimate of the project cost, it would be
funded by a combination of federal, state aid, local state aid, special assessment, and public utility funds.
MIM
o MIR. ME a
il! I mro
IM
M IM
OVA
11 �� ■�i �■ i■■■■ � il� /1111111 �- �I "' . �
son 21
A
mm MIMI
mm Mm IMMI
Mm -- 011 11
/ 1c,
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION ESTABLISHING PROJECT AND AUTHORIZING DEVELOPMENT OF
AN RFP FOR PROFESSIONAL SERVICES FOR IMPROVEMENT PROJECT NO. 1995-
05, 69TH AVENUE SHINGLE CREEK BRIDGE REPLACEMENT, AND ROADWAY
AND WATERMAIN IMPROVEMENT
WHEREAS, the Director of Public Services has informed the City Council that the bridge
on 69th Avenue North spanning Shingle Creek has reached the end of its useful life, and requires replacement;
and
WHEREAS, other improvements associated with that bridge replacement include
reconstruction of 69th Avenue North from Shingle Creek Parkway to Dupont Avenue North, and completion
of major water distribution system improvements; and
WHEREAS, the City's Policy For the Procurement of Professional Services requires that no
solicitation for professional services for contracts greater than $15,000 be commenced until the consent to do
so has been obtained from the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. Improvement Project No. 1995 -05, 69th Avenue Shingle Creek Bridge Replacement, and
Roadway and Watermain Improvement is hereby established.
2. Staff is hereby authorized and directed to prepare an RFP for professional services relating
to this project, and to submit said RFP to the council for its approval prior to solicitation of
proposals.
Date Todd Paulson, 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.
Council Meeting Date 11/28/94
City of Brooklyn Center Agenda Item Number
3
Request For Council Consideration
Item Description:
RESOLUTION TERMINATING FURTHER CONSIDERATION OF SPECIAL ASSESSMENTS ON
CERTAIN PROPERTIES, IMPROVEMENT PROJECT NO. 1990 -10, 69TH AVENUE
RECONSTRUCTION
Department Approval:
Diane Spector, Director of blic Services
P �.�
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Consider a resolution terminating further consideration of special assessments for the 69th Avenue street
reconstruction project on the five residential parcels on the south side of 69th, west of the France
• Avenue water tower.
Summary Explanation: (supporting documentation attached Yes )
On September 13, 1993, at the time of the public hearing regarding special assessments for the 69th
Avenue street project, the Council received objections to those assessments from some of the owners
of the residential properties west of the water tower. Due to the uncertainty of the future use or
redevelopment of the area, the Council chose to table consideration of the assessments.
Last week my office was contacted by a former owner of one of these properties. At the time he
sold his property, the closing agent placed into escrow some of the proceeds of the sale, to be used
for paying off the special assessment. He requests the Council revisit this assessment issue so that if
special assessments will no longer be considered on these properties, he may retrieve his money
from escrow. For the Council's information, the amount of the proposed assessments on these
parcels range from $1,578.57 to $3,157.35, or $21 times the front footage on 69th Avenue.
Probably the most important consideration in whether these properties should be assessed a share of
the construction costs is the future use of the properties. There are three likely scenarios:
1) There will be no change, and the properties will continue as a single - family use in an R -3
• zone;
2) The properties will be redeveloped as an R -3 use; or
3) The properties will be redeveloped and rezoned as part of redevelopment of the southeast
quadrant of 69th Avenue and Brooklyn Boulevard.
Request For Council Consideration Page 2
The most likely long -term scenario is #3, however, it could be some time before such
redevelopment could happen. Because the final configuration and zoning are not known at this time,
the Council should decide if it is most fair to the adjacent properties which were assessed for
improvements to assess these five properties, or to terminate consideration of assessments based on
redevelopment uncertainty. Note that if the properties had been redeveloped, combined in some
way with the commercial property to the west, the frontage on 69th would have been assessed at an
even higher rate than the currently proposed assessments.
Should the Council wish to terminate further consideration of assessments on these properties, it
should do so by resolution. Should the Council wish to reconsider certifying assessments, it should
establish a date to continue the public hearing, such as December 19, 1994. The property owners
would be notified of this continued hearing.
NOTE: The proposed special assessment on the Mound Cemetery property also continues to
be pending.
•
•
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION TERMINATING FURTHER CONSIDERATION OF SPECIAL
ASSESSMENTS ON CERTAIN PROPERTIES, IMPROVEMENT PROJECT NO.
1990 -10, 69TH AVENUE RECONSTRUCTION
WHEREAS, the City Council on September 20, 1993 conducted a public hearing
regarding proposed special assessments for Improvement Project No. 1990 -10, 69th Avenue Street
Reconstruction; and
WHEREAS, based on property owner objection to certain proposed special assessments,
the City Council tabled further consideration of special assessments on those five properties; and
WHEREAS, the City Council has determined that it is no longer in the public interest
to consider special assessments on these parcels.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. Further consideration of special assessments for Improvement Project No. 1990-
10 on the following parcels is hereby terminated:
PID # 34- 119 -21 -21 -0029
PID # 34- 119 -21 -21 -0004
PID # 34- 119 -21 -21 -0005
PID # 34- 119 -21 -21 -0006
PID # 34- 119 -21 -21 -0007
2. Staff are hereby authorized and directed to removing the pending special
assessment status from the above referenced parcels for the above referenced
project.
Date Todd Paulson, 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.
Council Meeting Date 11/28/94
3 City of Br ooklyn Center Agenda Item Number
Request For Council Consideration
• Item Description:
RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO. 13132 TO PROVIDE FOR
THE AWARD OF ASSESSMENT STABILIZATION GRANTS
Department Approval:
,i
Diane Spector, Directok Public Services
Manager's Review /Recommendation: '` =
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Approve the resolution awarding assessment stabilization grants.
• Summary Explanation: (supporting documentation attached )
The attached resolution represents assessment stabilization grants for Levy No. 13132.
•
/I E
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING SPECIAL ASSESSMENT LEVY ROLL NO.
13132 TO PROVIDE FOR THE AWARD OF ASSESSMENT STABILIZATION
GRANTS
WHEREAS, pursuant to proper notice duly given as required by law, the City
Council has met and heard and passed upon all objections to the proposed Special Assessment
Levy No. 13132 for the following improvements:
NORTHWEST AREA STREET IMPROVEMENT
IMPROVEMENT PROJECT NO. 1994 -11
WHEREAS, Special Assessment Levy No. 13132 was on September 12, 1994
approved by the City Council; and
WHEREAS, the City Council has adopted an Assessment Stabilization Program
to provide economic assistance to low income property owners in the form of grants to reduce
or pay in full their special assessments for street improvement projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City
of Brooklyn Center, Minnesota, that:
1. Certain property owners are eligible for a grant to pay the entire amount of their
special assessment. Special Assessment Levy No. 13132 is hereby amended to
delete the following assessments:
PID # Amount
28- 119 -21 -43 -0012 $1,550
28- 119 -21 -44 -0020 $1,550
2. All costs associated with these grants shall be funded from Local State Aid
Account #2900.
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
RESOLUTION NO.
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
M
Council Meeting Date 11/28/94
City of f Brooklyn Center Agenda Item Number // F
Request For Council Consideration
® Item Description:
AMENDING IMPROVEMENT PROJECT NO. 1994 -32, INTERIM CITY HALL REMODELLING,
REDUCING SCOPE OF PROJECT, AUTHORIZING PURCHASE OF WORKSTATIONS, AND
AUTHORIZING DEVELOPMENT OF PLANS AND SPECIFICATIONS AND ADVERTISEMENT
FOR BIDS
Department Approval:
��,—c
Diane Spector, Direct6r of Public Services
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Approve a resolution amending the project and authorizing purchase of workstations.
Summary Explanation: (supporting documentation attached No )
The City Council on April 11, 1994 established Improvement Project No. 1994 -32, Interim City Hall
Remodeling, and on July 11, 1994 authorized an RFP for professional services relating to design of this
improvement.
Since that time, the RFP has been developed and proposals received from several architectural firms.
However, in internal discussions Staff are becoming very concerned about matters of timing between this
project and the proposed bond issue for a City Hall addition. It has become apparent that the proposed
remodelling would be occurring at the same time as the public is determining the need for a bond issue.
While we have been very careful to point out that the interim remodelling in no way solves the various long-
term problems inherent in this facility, we are very concerned that such a project could be misinterpreted.
Y rY P J rP
We are also concerned about keeping the project manageable. For example, the interim project provided
some accessibility improvements within City Hall, but did not provide for a power- assisted front doorway. If
the project were to be amended to include that doorway, then the sidewalk ramp should be rebuilt because it
is too steep to meet current accessibility regulations. Then, as long as the sidewalk was removed, we may as
well remove the unused domestic oil storage tank under the front walk, which must be removed by 1997
anyway. And so on -- there is no end to the needs, and the pressure to "as long as you're doing it, you may
as well do it right."
• At the same time, there are very important needs which need to be immediately addressed: the ergonomics
issue, which drives the proposal to replace workstations; the need to consolidate Community Development
into one physical space; the need to improve the operations of the Recreation reception area.
Accordingly, it is our recommendation that the Council consider amending the scope of the remodelling
project. Replacement of existing office furniture with ergonomically correct adjustable furniture would be
Request For Council Consideration Page 2
continued. However, the only physical remodelling which would be done would be minor remodelling such
as the removal of a few interior walls to open up spaces to become more usable; the expansion of Conference
• Room B to create a larger meeting facility; interior work in the existing Machine Room to convert it into the
new Community Development Department; and remodelling of the Community Center reception counter to
provide for ergonomic workstations and creation of transaction windows. Also include in this amended
project is acquisition of some high - density file storage to help make existing space more usable, and some
additional PCs and printers to consolidate functions and to make the rearranged workstation configurations
work more effectively.
While the project as amended would no longer include the temporary addition for the police department, the
project would allow that department some flexibility and provide some temporary relief. Using workstations
rather than standard furniture and also adding high density storage will allow the department to arrange its
clerical space more effectively. The department is also looking at rearranging personnel, equipment, and files
to provide for on a temporary basis a very high priority need -- an additional interview room. The Acting
Chief, Captain, and administrative staff - Administrative Sergeant, and staff services coordinator and
administrative analyst - have suggested this approach. While they would welcome additional space, they are
most concerned about the timing of the project, and don't wish anything to possibly compromise a potential
bond issue.
It is our estimate that this reduced scope of project would reduce the project cost from $915,000 to about
$440,000, which is primarily the cost of the workstations. The workstations are totally reusable in whatever
configuration the Civic Center ends up.
TABLE 1
Proposed Interim City Hall Remodelling Project
• Cost As Established And As Amended
AS ESTABLISHED AS AMENDED
Workstations & other furniture $330,250 $340,000
Remodeling $471,900 $50,000
Temporary police addition $113,275 $_0_
High density storage & other $ -0- $50,000
equipment
TOTAL $915,425 $440
It is our belief that it is prudent to dedicate the additional $500,000 which would have been expended in the
larger project towards the cost of Civic Center improvements, thus reducing the potential amount of bond
debt required. Should the voters reject the bond issue, then we must revisit the issue of a larger remodelling
project, one which goes even beyond the scope of the current interim remodelling project.
Accordingly, a resolution amending the scope of the project is included for Council Consideration. Should
the Council approve this resolution, we will immediately begin workstation design. Since the workstations
• which we have previously purchased by previous Council authorization to deal with the most pressing health
issues have been off the state contract, there is no need to bid the purchase of this equipment. While that
equipment is begin ordered and before we take delivery, we will prepare plans and specifications for the
minor remodelling, bring such to the Council for approval and authorization for advertisement for bid. We
would hope to have all work complete by late Spring, 1995.
/lF
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION AMENDING IMPROVEMENT PROJECT NO. 1994 -32, INTERIM
CITY HALL REMODELLING, REDUCING SCOPE OF PROJECT, AUTHORIZING
PURCHASE OF WORKSTATIONS, AND AUTHORIZING DEVELOPMENT OF
PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS
WHEREAS, the City Council on April 11, 1994 established Improvement Project No.
1994 -32, Interim City Hall Remodelling; and
WHEREAS, the City Council on July 11, 1994 amended the appropriation made for this
project to $915,425; and
WHEREAS, staff recommends that the scope of said project be substantially reduced, to
provide only for purchase of workstations and storage equipment, and to provide for minor or incidental
remodelling, reducing the estimated project cost to $440,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The appropriation from the Capital Improvement Fund for Improvement Project
No. 1994 -32 is hereby reduced from $915,425 to $440,000.
2. Staff are hereby authorized and directed to complete the transition from standard
office furniture to ergonomic furniture by purchasing workstations offered
through the State of Minnesota cooperative purchasing venture, at an estimated
cost of $340,000, and to acquire high density storage units and computer
equipment at an estimated cost of $50,000.
3. Staff are hereby authorized and directed to prepare plans and specifications and
advertise for bids for minor and incidental remodelling associated with the
workstation transition, at an estimated cost of $50,000.
Date Todd Paulson, 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.
Council Meeting Datc �� O /9 Ll
3 City of Brooklyn Center Agenda Item Nwnber
Request For Council Consideration
Item Description:
RESOLUTION DECLARING SURPLUS PROPERTY
Department Approval:
G
Gl
Barbara A. Gallo, MIS Coordinator Igs Hansen, Finance Director
(. n
Manager's s eview ecommen ation: �� • �`� -�.ri
No comments to supplement this report Comments below /attached
Recommended City Council Action:
A resolution is provided for Council consideration.
• Summary Explanation: (supporting documentation attached )
The Hewlett Packard (HP) Deskwriter 500C printer purchased in April 1993 for the Earle Brown
Heritage Center has been replaced by a Hewlett Packard LaserJet for the Macintosh. The replacement
was needed due to the increase in the volume of work done by DAmico's Catering for the convention
center. Since the Deskwriter can only by used with Apple computers and DAmico's no longer has
need to use it, the MIS coordinator is working with a reseller to find a buyer for the printer.
Secondly, an IBM PS /2 Model 80 purchased in October 1989 for the City Engineer no longer meets
the needs of City taff. The applications needed to be run b the City Engineer and staff require a
Y PP Y Y b q
faster processor and more random access memory (RAM) than this computer has. Its is not viable to
use it in other departments due to the same constraints.
It is recommended that the City Council declare as surplus property the HP Deskwriter 500C, fixed
asset #12736 and the IBM PS /2 Model 80, fixed asset #11657. Also it is recommended that the City
Manager be authorized to dispose of this property through their sale when buyers are found.
•
�1
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION DECLARING SURPLUS PROPERTY
WHEREAS, the Hewlett Packard (HP) Deskwriter 500C purchased in April 1993
for the Earle Brown Heritage Center to be used by DAmico's Catering and the IBM PS /2
Model 80 purchased in October 1989 for the City Engineer; and
WHEREAS, the volume of work done by DAmico's for the convention center
increased to such a degree that a larger capacity printer was needed and a HP LaserJet IV printer
for the Apple Macintosh was purchased to meet that need and the Deskwriter can be used only
with Apple computers and DAmico's catering has the only Apple computers that can use it; and
WHEREAS, the applications needed by the City Engineer and other City staff
require computers that have a faster processor and more random access memory than the IBM
PS /2 provides; and
WHEREAS, the MIS coordinator is working to find a buyers for the printer and
the computer;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center hereby declare this item surplus.
BE IT FURTHER RESOLVED that the City Manager is here by authorized to
dispose of this property through their sale when buyers are found.
Date Todd Paulson, 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.
Council Meeting Date 11/28/94
31 City of Brooklyn Center Agenda Item Numbe
Request For Council Consideration
• Item Description:
Resolution Authorizing the City of Brooklyn Center to Join the LOGIS Mobile Digital Terminal Group
and Provide for the Financing Thereof
Department Approval:
Gerald G. Splinter, City Manage
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Pass Resolution Authorizing the City of Brooklyn Center to Join the LOGIS Mobile Digital Terminal
Group and Provide for the Financing Thereof
• Summary Explanation: (supporting documentation attached No )
At its November 21, 1994, Work Session, the Brooklyn Center City Council reviewed the purchase and
installation of Mobile Digital Terminals (MDTs) in the Police Department squad cars. The Council
instructed City staff to bring the matter for formal approval to the November 28, 1994, City Council
meeting.
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO
JOIN THE LOGIS MOBILE DIGITAL TERMINAL GROUP AND PROVIDE
FOR THE FINANCING THEREOF
WHEREAS, the City Council of the City of Brooklyn Center as part of its
consideration of the 1994 budget authorized the purchase and installation of Mobile Digital
Terminals in Brooklyn Center Police Department squad cars; and
WHEREAS, the department in investigating the best option for provision of this
service in conjunction with LOGIS joined three other cites in evaluating various options; and
WHEREAS, the LOGIS group evaluated the five different service providers and
has chosen the RAM Mobile Data option as the most effective in meeting the service needs of
the City of Brooklyn Center Police Department; and
WHEREAS, the 1994 budget has appropriated funds for this purpose and the 1995
proposed budget includes funding for this purpose; and
WHEREAS, at the Brooklyn Center City Council Work Session of November 21,
1994, the City Council reviewed this matter and instructed City staff to bring the matter for
formal approval to the November 28, 1994, City Council meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center:
1. $32,049 is authorized from the 1994 Police Department Budget for startup costs
for the Mobile Digital Terminal project,
2. In the 1995 budget, $45,000 is appropriated for lease purchase costs and
operating costs for ten (10) Mobile Digital Terminals in conjunction with the
LOGIS Mobile Digital Terminal project, and
3. Appropriate officials are authorized to execute documents with LOGIS and the
cities of Eagan, St. Louis Park, and Golden Valley to institute the LOGIS Mobile
Digital Terminal project.
RESOLUTION NO.
i
Date Todd Paulson, 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.
Council Meeting Date 11/28/94
31 City of Broo Center Agenda Item Number �l
Request For Council Consideration
Item Description:
Resolution Amending the 1994 General Fund Budget to Provide Funding for a Special Election
Department Approval: Sharon Knutson, Deputy City Clerk
Manager's Review /Recommendation: a& r
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Pass a Resolution Amending the 1994 General Fund Budget to Provide Funding for a Special Election.
Summary Explanation: (supporting documentation attached No )
• At the November 8, 1994, General Election, Bill Luther, District 47 State Senator, was elected into
Congress. The Secretary of State's Office certified the results of the election on Tuesday,
November 22, 1994. At this point, it is uncertain when Bill Luther will formally resign from his State
Senate seat; however, as soon as he submits his resignation letter to the Governor, the Governor can
call a special election to fill the vacant seat.
Rumors have been circulating that the special election may be called for either December 20 or
December 27, 1994. In the event the special election is to be held in 1994, the Elections Budget does
not have enough funds to cover the expenditures of holding a special election, and the attached
resolution transfers funds to the Elections Budget to cover necessary funding for a special election. The
requested appropriation funds both a special primary and special election, since there is the possibility
of a primary if more than two file for the seat.
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO
PROVIDE FUNDING FOR A SPECIAL ELECTION
WHEREAS, Section 7.09 of the City Charter provides for a contingency
appropriation as a part of the General Fund Budget and further provides the contingency
appropriation may be transferred to any other appropriation by the City Council; and
WHEREAS, State Senator Bill Luther, District 47, was elected into Congress and
will be resigning from his State Senate seat, and Governor Arne Carlson will issue a Writ of
Special Election to fill the vacant seat, and it is possible the date may be set for December 1994;
and
WHEREAS, Brooklyn Center has seven precincts in Senate District 47 and must
comply with Minnesota Statutes Sections 204D.17 through 204D.27 and hold a special election;
and
WHEREAS, funds for a special election have not been allocated in the 1994
elections budget; and
WHEREAS, the City Council hereby approves an allocation of $10,500 to fund
both a special primary and special election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center as follows:
Increase the appropriations in the Elections Budget for the following items:
Personal Services $8,000
Supplies 1,800
Contractual Services 700
Decrease the appropriations for the following line item:
Unallocated Department Contingency Account $10,500
Date Todd Paulson, 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.
Council Meeting Date .}-1 W94 ----
3 City of Brooklyn Center Agenda Item Number
Request For Council Consideration
• Item Description:
RESOLUTION APPROVING THE INSTALLATION OF AN ICE SKATING RINK AT BELLVUE
PARK FOR THE 1994 -95 SEASON, AMENDING THE PROPOSED 1995 GENERAL FUND
BUDGET THEREFORE
Department Approval:
Jim G is Services Coordinator
Manager's Review / co endation: e
No comments to supplement this report Continents below /attached
Recommended City Council Action:
• Approve the resolution to approve a skating rink at Bellvue Park, amend the proposed 1995 General
Fund Budget
Summary Explanation: (supporting documentation attached )
On September 26, the City Council referred a citizen request for an ice skating rink at Bellvue Park to
the Parks and Recreation Commission for review and recommendation.
After initial consideration by the Commission at its October meeting, additional information was
requested regarding number of potential users. The Commission was advised at its November meeting
that a citizen was gathering names and numbers of residents interested. Commission members directed
that, as they had no meeting scheduled for December, the Recreation Director should make a decision
to provide ice based on the interest received from the neighborhood.
A petition was recently received with signatures from fifty three households, indicating anticipated use
of a rink if it was installed at Bellvue Park.
The approximate cost of providing a skating surface at Bellvue Park would be $2,500 for the 1994 -95
season. Of that figure, $2,250 would be needed for regular and overtime labor costs, with the
remaining $250 being used for materials and supplies. This cost would be for the ice surface only and
would not include a warming house, as the shelter at Bellvue Park is not appropriate for that use. This
• cost was not included in the skating rinks activity budget previously submitted to the Council.
Staff recommends that the proposed 1995 General Fund budget be amended to include the cost of
providing an ice rink at Bellvue Park, with contingency funds transferred to the Park Maintenance
Division overtime and supplies line items.
//i
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPROVING THE INSTALLATION OF AN ICE SKATING RINK AT
BELLVUE PARK FOR THE 1994 -95 SEASON, AMENDING THE PROPOSED 1995
GENERAL FUND BUDGET THEREFORE
WHEREAS, on September 26, the City Council referred a citizen request for an ice
skating rink at Bellvue Park to the Parks and Recreation Commission for review and recommendation;
and
WHEREAS, after consideration by the Commission, members directed that, as they had
no meeting scheduled for December, the Recreation Director should make a decision to provide ice
based on the interest received from the neighborhood; and
WHEREAS, a petition was recently received with signatures from fifty three households,
indicating anticipated use of a rink if it was installed at Bellvue Park; and
WHEREAS, Section 7.09 of the City harter of the City of Brooklyn Center does
Y Y Y
provide for a contingency appropriation as part of the General Fund Budget, and further provides that
the contingency appropriation may be transferred to any other appropriation by the City Council; and
WHEREAS, The following estimates for installing and maintaining this rink have been
established:
Staff Labor (regular and overtime) $2,250
Materials and Supplies (water, sand etc.) $ 250
TOTAL $2,500
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The installation and maintenance of a ice skating rink at Bellvue Park for the
1994 -95 season is hereby approved.
2. The 1995 Proposed General Fund budget be amended as follows:
Increase the appropriation for the following line item:
Park Maintenance - No. 169, Object No. 4220 $2,250
Object No. 4112 $ 250
Decrease the appropriation for the following line item:
Unallocated Dept. Expense - No. 182, Object No. 4995 $2,500
RESOLUTION NO.
Date Todd Paulson, 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.
Council Meeting Date 11/28/94
3 City of Brooklyn Center Agenda Item Number /
Request For Council Consideration
Item Description:
Licenses
Department Approval:
Sharon Knutson, Deputy City Clerk
Manager's Review /Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Approve list of licenses.
Summary Explanation: (supporting documentation attached No )
AMUSEMENT DEVICES - OPERATOR
Ithaca Restaurant, Inc. 1501 Freeway Blvd.
City Clerk
MECHANICAL SYSTEMS
NewMech Companies, Inc. 1633 Eustis Street -
Building Official ,&k
RENTAL DWELLINGS
Initial:
Kwi -Ha Wong 1513 Humboldt Place Qp
Kwi -Ha Wong 1549 Humboldt Place 5U
Director of Community A. ) A-
Development
•