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HomeMy WebLinkAbout1993 07-26 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER JULY 26, 1993 7 p.m. 1. Call to Order 2. Roll Call 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 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. Approval of Minutes: * a. July 12, 1993 - Regular Session 8. Mayoral Appointments: a. Human Rights and Resources Commission 9. Planning Commission Items: a. Planning Commission Application No. 93003, submitted by Randy Rau. Request for a special use permit and site and building plan approval to allow construction of an addition at 6849 Brooklyn Boulevard for use as a gas station/convenience store /carwash. This application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. b. Planning Commission Application No. 93004, submitted by Randy Rau. Request for variance to allow for a lesser greenstrip than required by ordinance. Applicant proposes to extend parallel gas pumps and to encroach into the required 15' greenstrip at 6849 Brooklyn Boulevard. This application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. c. Planning Commission Application No. 93005, submitted by Cracker Barrel Old Country Store. Request for site and building plan approval to allow construction of a restaurant and gift shop at 1501 James Circle North. This application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. CITY COUNCIL AGENDA -2- July 26, 1993 d. Planning Commission Application No. 93006, submitted by Hills Gilbertson Architects, Inc. Request for special use permit and site and building plan approval to allow an approximate 3,000 square foot expansion to the Salvation Army building at 2300 Freeway Boulevard. This application was recommended for approval by the Planning Commission at its July 15, 1993, meeting. 10. Ordinance: a. An Ordinance Amending Chapter 27 of the City Ordinances Regarding On- Street Soliciting and Vending by Catering Food Vehicles -This ordinance amendment is offered for a first reading this evening. 11. Discussion Items: a. Proposed Amendment to Sign Ordinance Chapter 34 -140 Allowing Freestanding Signs for Apartment Complexes with 36 Units or More b. Proposed Amendment to the Amusement Device Licensing Requirements c. Set Council Work Session for August 2, 1993, to Discuss Staff Report Regarding Park and Ride Sites and Brooklyn Boulevard Task Force d. 1994 Street Improvement Program -A report from the Director of Public Works is presented for review and discussion by the City Council. e. 1994 Hennepin Recycling Group (HRG) Budget 12. Resolutions: * a. Accepting Work Performed and Approving Final Payment for Contract 1993 -B (1993 Sealcoating, Improvement Project No. 1993 -06) * b. Establishing Parking Restrictions on MSAP 109- 109 -26, Shingle Creek Parkway between 69th Avenue North and the Northerly Extension of Freeway Boulevard; and on MSAP 109 - 125 -08, 69th Avenue North Between West Palmer Lake Drive and 332' East of Intersection with Shingle Creek Parkway * c. Accepting Proposal of Westwood Professional Services Inc. to Provide Grant Application Services for Development of the Twin Lake Trail System, and Appropriating Funds Therefore * d. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 7/26/93) CITY COUNCIL AGENDA -3- July 26, 1993 * e. Providing for Hearing on Proposed Special Assessments for Diseased Shade Tree Removal Costs, Delinquent Weed Removal q Costs, Delinquent Public Utility Repair Accounts, Delinquent Public Utility Service Accounts, and 69th Avenue North Street Improvement Project No. 1990 -10 * f. Expressing Recognition of and Appreciation for the Dedicated Public Service of Richard Handy * g. Authorizing a State of Minnesota Approved Temporary Early Retirement Incentive Program 13. Final Plat Approvals: * a. Cady Addition (Phillips 66 Property NW Quadrant of 69th Avenue North and Brooklyn Boulevard) * b. Brookdale Christian Church Addition (Xerxes Avenue North Near 61st Avenue North) 14. Performance Guarantee Release: * a. Mainstreet Department Store (Kohl's) * 15. Licenses 16. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date July 26, 1993 Agenda Item Number 7 REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY COUNCIL MINUTES - JULY 12, 1993 - REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • RECOMMENDED CITY COUNCIL ACTION i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 12, 1993 CITY HALL CALL. TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmeinbers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, City Attorney Charlie LeFevcre, Personnel Coordinator Geralyn Barone, Street and Park Supervisor Bob Cahlander, Engineering Coordinator Diane Spector, Fire Chief Ron Boman, and Council Secretary Carla Wirth. OPENING CEREMONIES Helen Jacobsen offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Councii. There being none, he continued with the regular agenda items, COUNCIL REPORTS No Council reports were given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. He requested item 7b, approval of the June 28, 1993, regular session minutes, be removed from the consent agenda. 7/12/93 - 1 - RESOLUTIONS RESOLUTION NO, 93 -108 Membcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN MCC BEHAVIORAL CARE AND THE CITY OF BROOKLYN CENTER FOR AN EMPLOYEE ASSISTANCE PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION _NO, 93 -109 Membcr Cilia Scott introduccd the fallowing resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FOR OFFICE FURNITURE FOR THE COMMUNICATIONS COORDINATOR The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -110 Membcr Celia Scott introduccd the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 69TH O AVENUE NORTH, PHASE III, IMPROVEMENT PROJECT NO. 1990 -10, CONTRACT 1993 -D The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93-111 Member Celia Scott introduced the following resolution and moved it- adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR SANITARY SEWER REPAIRS (SOUTHEAST NEIGHBORHOOD), IMPROVEMENT PROJECT NO. 1993 -16 AND WATER MAIN REPLACEMENT (LAWRENCE ROAD AND ALDRICH COURT), IMPROVEMENT PROJECT NO. 1993 -07, CONTRACT 1993 -C The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. 7/12/93 -2- RESOLUTION NO. 93 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING "1 HF.. REMOVAL OF DISEASED TREES (ORDER NO. DST 7/12/93) The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 93 -113 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF THE EARLE BROWN DAYS COMMITTEE The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. LICENSES There was a motion by Councilmember Celia Scott and seconded by Councilmember Dave Rosene to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Beacon Bowl 6526 West River Road Davanni's 5937 Summit Drive Earle Brown Bowl 6440 James Circle N. Ground Round 2545 County Road 10 Holiday Inn 2200 Freeway Blvd. K -Mart 5930 John Martin Drive Kids "R" Us 5717 Xerxes Avenue N. Metropolitan Transit Commission 6845 Shingle Creek Parkway Park Inn International 1501 Freeway Blvd. Scoreboard Pizza 6816 Humboldt Avenue N. AMUSEMENT DEVICES - VENDOR Theisen Vending Company 3804 Nicollet Avenue S. GARBAGE AND REFUSE COLLECTION VEHICLES Browning Ferris Industries of MN 9813 Flying Cloud Drive Gallagher's Service, Inc. 1691 91st Avenue NE Gordon Rendering P.O. Box 12785 K & S Sanitation 24 Crossway Drive Randy's Sanitation, Inc. P.O. Box 169 7/12/93 -3. G ARBAGE AND REFUSE COLLECTION VEHICLES - (CONTINUED Super Cycle Inc. 775 Rice Street T & L Sanitation Service P.O. Box 34695 Twin City Sanitation 279 Meadowood Lane Walz Bros, Sanitation, Inc. P.O. Box 627 Waste Management - Blaine 10050 Maples Street NE Woodlake Sanitary Service, Inc. 4000 Hamel Road MECHANICAL SYSTEMS Fore Muchanical P.O. Rox 130788 Gilbert Mechanical 4451 West 76th Street NT D RE NTAL Initial: Linda L. Jensen 6700 Quail Avenue N. Renewal: ROI Properties 6303 Brooklyn Drive Helene Ebhardt 5639 Girard Avenue N. Leslie G. Reinhardt 5713 Humboldt Avenue N. Lewis/Vivian Hedlund 5316 Russell Avenue N. The motion passed unanimously. F M I N UTE S APPROVA�C) JUNE 21,1993- - SPECIAL WORK SESSION There was a motion by Couneilmember Scott and seconded by Couneilmember Rosene to approve the minutes of Junc 21, 1993, special work session as printed. The motion passed unanimously with Councilmembers Kalligher and Mann abstaining. JUNE 28-1993, - REGULAR SESSION Mayor Paulson expressed concern with the wording of the first full paragraph on page ten. He stated he has requested language from the Secretary to reflect the verbatim statement, He requested this item be tabled to the July 26, 1993, meeting so Council bas an opportunity to review the language and take whatever action they feel appropriate. C'.cuncilmember Mann stated the name in the eighth paragraph on page 17 should be Mrs. Lcroy Evensen, There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to table approval of the minutes of June 28, 1993, regular session until the July 25, 1993 meeting. The motion passed unanimously. 7/12/93 -4- DISCUSSION ITEMS AIR QUALITY ST U17Y R POR R AR ING ITY ALL D A1tA E The City Manager stated the Council commissioned a study of the air quality of the Civic Center and City Garage based on a recommendation from the Employee Safety Committee. The Director of Public Works reviewed the findings and recommendations of the air quality study prepared by Legend Technical Services for the Civic Center. He rcportcd the study has revealed a number of deficiencies in the mechanical system, most of which relate to the comfort level of employees. He continued the study also identified two life safety hazards which have been corrected. Charles Lane, Environmental Process, Inc. (EPI), reported there are no significant problems with the Civic Center buildings, and the mechanical system appears to be very sound and in good condition. He further reported City staff installed a numbcr of air return grills to correct minor deficiencies. He then explained some life safety issues resulting from gaps in the walls between the boiler room and corridor were the source of fumes smelled in the Police Department. These holes were closed by City staff which resolved that issue. Mr. Lane reported the second life safety issue was in the mechanical room where air handlers also handled the air return. Options were considered and it was determined using hard ducts for air return were not feasible so they are recommending limited storage of exposed paper products and no flammable liquids. He reported there are still complaints from staff in the police investigation area because of the high density of occupants and lack of air flow. Also, TAP room 42 needs a return air defuser installed. The Director of Public Works stated EPI has suggested three options to deal with the number of employees working in the police investigation area: 1. make changes to the HVAC system, 2. move some employees to the squad room which will reduce the useability of the squad room but improve air quality, or 3. provide more space through a major addition to the Police Department or Civic Center. He stated staff has not prepared a recommendation at this point and suggested they be allowed to review, in detail, options available. The Director of Public Works addressed the City Garage study which revealed a number of serious deficiencies, both in the comfort level and life safety. He stated since receiving EPI'S verbal report of their findings, staff has deactivated the paint room and silk screening operation for signs until further notice. Staff has also implemented a number of operational and procedural changes, established an air quality monitoring program, made some low -cost interim improvements, and developed a long -term plan for corrective action. Mr. Lane provided a detailed review of the City Garage air quality study. Re reported their evaluation revealed deficiencies in the existing facility, specifically the mechanical ventilation systems, and applicable life safety requirements which were found inadequate in the vehicle 7/12/93 5- parking area, repair shop, oil storage room, hazardous material storage area, wood shop, silk screen shop, painting room, and welding areas. He added the existing facility does not meet ADA or EEO criteria. With regard to air quality deficiencies, Mr. Lane stated they have prepared an interim operations plan and three long -term action plan options for Council's consideration. Ile noted Plan 1 ($358,000) would provide IAQ correction only; Plan 1A ($128,350) involves minor remodeling; Plan 2 ($1,279,630) addresses IAQ, Code, ADA, EEO and space correction, asbestos and PCB removal; Plan 3 ($986,655) provides IAQ, Code, ADA, EEO and partial space correction, asbestos and PCB removal. He stated they have also prepared a master site plan ($839,250) addressing fuel and cold storage needs. The Street and Park Supervisor presented a video tape taken at the City Garage of the current facility and operations. Allan Mjorud, Mjorud Architect,, used an overhead to review each of the plans developed by BPI. fie pointed out the changes proposed with each plan, necessary building modifications, and estimated costs. He indicated Plans 2 and 3 would result in compliance with IAO, Code, ADA, and EEO requirements. The Director of Public Works stated staff and the evaluation team recommend implementation of Plan 2 which would meet all the requirements and objectives of the project. Mr. Mjorud explained the City Garage is currently a non - compliant facility since it only has one exit to the outside. He noted Plan 2 would include constructing an enclosed Stairway; however, Plan 3 is not within Code compliance. He added the Building Inspector has encouraged the second exit but indicated it would not be required with Plan 3 since the upper level would not be remodeled. Mr. Mjorud reviewed the proposed master site plan including the landscaping, general construction work, _fuel system and new cold storage building. He explained the pur,posc is to improve traffic circulation, separate employee and visitor parking from the pathway of equipment, provide a new driveway and larger radii on internal campus curbs, continue the screening wall on Shingle Creek Parkway, and improve existing exterior lighting. He added the new fuel system will provide an isolated pumping area for City vehicles that is isolated from employee parking. He continued it also allows vehicles to enter and leave the campus without conflicting with other equipment or parking and also provides electronic metering and record keeping. He pointed out the building addition to the existing salt storage and cold storage building would house park and recreation equipment. In response to Councilmernber Kalligher's question, the Director of Public Works stated Plan 2 meets all IAQ, Code, ADA, and EEO requirements. He added all three plans resolve concerns with the paint booth and puts it back into operation. 7/12/93 ' 6 " Councilmember Rosene asked if the campus improvements can be delayed if Plan 2 is approved. The Director of Public Works stated most of the campus improvemcnts are not a major issue at this point, however the fuel storage facility is a major issue. He added it may be a benefit to combine both plans (Plan 2 and the Master Site Plan) if a bond issue is considered for funding. Councilmember Rosene asked how Plan 2 can save the City money in the long run. The Director of Public Works explained deactivated functions like the paint buoth (needed an a daily basis) results in having to contract the work out. He pointed out the building modifications will also result in more efficiency. Councilmember Scott indicated support of improving the safety of employees working in the building and not a "bandaid" solution. Councilmember Rosene questioned the life expectancy of Plan 2. The Director of Public Works reported on a new State requirement where City staff has to inspect every vehicle prior to it leaving the City garage. He estimated the life expectancy of Plan 2 is 20 years. Councilmember Mann indicated support of Plan 2 which provides for employee safety. Councilmember Rosene expressed concern with implementing plans for a flammable storage room ($20,000 to $30,000) if it is not consistent with Plan 2. The Director of Public Works recommended implementation of the flammable storage area immediately. He suggested staff prepare detailed plans for Council consideration that are as consistent as possible with Plan 2. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to direct staff to research Plan 2 with implementation within one to two years, to implement the flammable storage room in a manner as consistent with Plan 2 as possible, and to make recommendations regarding the Civic Center findings and financing options. The motion passed unanimously. RE S Mayor Paulson recessed the meeting at 8:27 p.m. The meeting was reconvened at 8:39 p,m. TOW TRUCK ORDINANCE AMENIDME NT The City Manager reviewed the ordinance amendment that would allow tow trucks to he parked in residential areas. He also reviewed the letter from the City Attorney and memorandum from the Planning and Zoning Specialist regarding similar regulations used by Fridley and Brooklyn Park. He pointed out Fridley regulates the size of the vehicles and Brooklyn Park regulates the tyK of vehicle by licensing. He added staff asserts it would be very difficult to prepare an ordinance that differentiates types of trucks. is 7/12/93 -7- The City Manager reported the City received a favorable Summary Judgement in the lawsuit entered by Mr. Cardinal, and the City won on all counts. Councilmember Scott reiterated her position against allowing commercial vehicles to park in residential neighborhoods. She stated a lot of study went into the original Ordinance. Shc pointed out there are currently several cases where owners of large vehicles parked in residential areas have been notified they must be removed, and the owners have requested but been denied a variance. If the ordinance is amended, she felt these residents would request the same type of consideration. Councilmember Scott reported on a large vehicle that has been parked in a residential area, and the owner was making repairs on it early Sunday morning. She stated this type of activity is disruptive, and she does not think the Council can begin to consider an ordinance to differentiate by use rather than size. Councilmember Kalligher stated the vehicle mentioned by Councilmember Scott is a lot larger than a tow truck and would not fit inside a garage. She did not feel this vchicic could he compared to a tow truck that could be parked inside a garage. Councilmember Rosene stated the tow trucks he has observed are no larger than a large - sized pick -up truck with a towing arm. He said he does not object to their Nice but felt the Council should consider the restriction suggested by the City Attorney where the truck owner must demonstrate a bona fide need for the services by governmental emergency authorities. Mayor Paulson stated he is not convinced either way on this issue and did not object to scheduling a public hearing to receive public input. Councilmember Mann stated she has nothing personal against towers or tow trucks but is concerned about allowing commercial vehicles where they create a disruption to the residential character of the neighborhood and quality of life for Brooklyn Center's citizens. She stated the only way to address this issue without favoring only tow trucks would be to table further consideration until staff can provide statistics on Code compliance and number of violation tags issued over the past two years. Councilmember Kalligher asked if only tow trucks (parked inside) responding to Brooklyn Center's Police Department can be allowed. She asserted it is discrimination to not allow a resident to bring the truck home which they drive to and from work if they can park it in their garage with the door down. The City Attorney reported the recent lawsuit attacked the City's ordinance ()it !Many grounds and was sustained by the court. He explained this is the Nuisance Ordinance, and if the Council decides it is an acceptable level of nuisance to have commercial vehicles parked inside (not on the street or driveway), it would have to apply to all commercial 7/12/93 -8- vehicles. He added it would not be defensible to allow only one kind of vehicle or business, such as tow trucks. Councilmember Kalligher indicated support of allowing all commercial vehicles that fit inside a standard garage with the door shut as long as there is no maintenance allowed. The City Attorney pointed out this would be tantamount to saying it would impact residential neighborhoods if these vehicles are parked outside. He added if the Council's primary concern with parking commercial vehicles in residential zones is visibility, they may feel it is no longer a concern if the vehicles are parked inside. Councilmember Rosene stated he would not object if vehicles were required to be parked indoors with the door closed but questioned whether this would happen in practice. He pointed out the reason complaints are being received on the vehicle referred to by Councilmember Scott is because it is parked outside. He questioned whether the City could provide adequate enforcement to assure compliance. LaVonne Sorenson, a resident on 57th Avenue, stated her husband is the owner of the vehicle being referred. She questioned the definition of "nuisance" and asserted tlic many recreational vehicles parked in Brooklyn Center also create a visibility problem. She stated it is discrimination against the minority to single out owners of home -based businesses with commercial vehicles. The: City Attorney clarified the Council is not talking about an ordinance that has an impact on a protected class such as against one sex, race, or religion. He explained it is a matter of requiring a rational basis for designating between two different classes of vehicles. He further explained recreational vehicles do not make residential neighborhoods appear less residential, and that type of vehicle does not make a number of daily trips. He advised the Council to treat all similarly situated vehicles the same and suggested they determine the area of concern (vehicle trips, nature of the vehicle, size of the vehicle, etc.). The City Manager stated when the Council previously considered the ordinance and adopted this version, they did consider one regulating size and felt tow trucks were cu,nmcrcial type vehicles. He added they determined recreational vehicles were large but residential in nature, however, commercial vehicles were not. He stated the Council then decided to restrict commercial vehicles over a certain size. He advised in allowing different types of residential or commercial vehicles, the City would be less able to rationalize the differences, but staying with commercial or noncommercial could be rationalized. Councilmember Rosene stated the Mayor did a good job delineating the difference bet"veen emergency or nonemergency vehicles by considering whether it was life threatening. He further stated cars on highways that need towing can involve a life or safety threatening situation, and this is the basis for supporting an ordinance amendment. He also supported requiring the owner of the vehicle to demonstrate a bona fide need for the services by governmental emergency authorities. 7/12/93 - 9 ° The City Manager pointed out only a small percentage of towing involves life safety issues and there is not sufficient volume to justify the finding that a life safety issue is involved in 0 this situation, Councilmember Rosene disagreed and stated the fact that it happens, even though the percentage is small, is sufficient to make the decision to have emergency vehicles availablc immediately. He added Mr. Cardinal has indicated the State Highway Patrol may require a nine minute response time. With regard to Ms. Sorenson's comment about discriminating against commercial vehicles, Councilmcmber Rosene stated it is assumed that commercial vehicles have a ci7mmcrcial base where it could be parked, however with recreational vehicles you could not make that assumption. He suggested this matter be further discussed at a work session. Mayor Paulson agreed and stated there may be several options that should be considered prior to a public hearing. Councilmember Scott suggested staff provide the Council with background information regarding the current ordinance and why it was adopted prior to the work session. Councilmember Rosene asked the Council to keep in mind that Brooklyn Center is a community of working people with a number of home occupations that require special vehicles. In an effort to focus the solution, the City Manager suggested the Council reach a conclusion of what the "ill" is. Council consensus was reached to table this matter to a work session and direct staff to provide background information on previous Council's rationale for adopting the Ordi«ancc, the range of options available, proper language for allowing all commercial vehicles which can be parked in a garage, emergency service requirements, and Code enforcement information. RESOLUTIONS - (CONTINUED) The City Manager introduced a Resolution Appropriating $70,000 from the Capital Projects Fund for the City of Brooklyn Center's Share in Building the Fire Training Facility at 71st Avenue in Fridley. He explained this matter was discussed by the Council in 1990 as a joint effort with communities in the northern area. Ho further explained staff has investigated options for the past twelve months and found a joint effort with the city of Minneapolis is not in the best interest for Brooklyn Center. Staff recommends the Council consider the original arrangement with the cities of Fridley, Blaine -Spring Lake Park - Moundsview, and Brooklyn Center. 7/12/93 -10- The Fire Chief stated they like to provide this type of training every year, but it has been five years since they have been able to have a burn training situation. He further stated this type of training in a controlled environment is critical to properly prepare fire fighters. Councilmember Scott stated the City has volunteer fire fighters who need this type of crucial training. She further stated these volunteers risk their safety when responding to calls and the City needs to provide training in a controlled situation so they know how to properly react before the actual scenario. In response to Councilmember Rosene's question, the Fire Chief reviewed options for renting this facility to other fire departments and private companies. He added he is unaware of another facility like this in the metro area except for the portable facility which is reserved nine months in advance. He further explained Brooklyn Center will have a joint powers agreement to dictate use of the facility, regulations, rent fees, etc. He indicated funds received from renting the facility will probably cover maintenance costs. Councilmember Rosene indicated his support. ES L ION NO. 9 -114 Member Dave Roscne introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING $70,000 FROM THE CAPITAL- PROJECTS FUND FOR THE CITY OF BROOKLYN CENT IN FRIDLEY IN BUILDING THE FIRE TRAINING FACILITY AT 71ST AVENUE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann the motion passed unanimously. OTFIER B INE S Mayor Paulson introduced Karl Puckett, reporter for the Brooklyn Center Sun -Post. Councilmember Rosene complimented the City Attorney for his success in the Lock ease. The City Attorney. stated Corrine Heine worked on this case. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9.13 P.M. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial 7/12/93 CITY OF BROOKLYN CENTER Council Meeting Date 7/26/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: Gerald G. Splinter, 'ty Manager MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) Notice of vacancy on the Human Rights and Resources Commission was announced in the Brooklyn Center Sun -Post on June 2, 1993, and in the Northwest News on June 7, 1993, and posted at City Hall and Community Center from May 25, 1993, to July 2, 1993 (see attached). The notice also aired on Cable Channel 37 from May 25, 1993, to July 2, 1993. As requested by Mayor Paulson at the May 24, 1993, City Council meeting, the people who previously had applied for the Human Rights and Resources Commission have also been notified of the vacancies on the commission (see attached letter dated May 25, 1993). All previous applicants requested their application be considered except Bonnie Lukes who requested not to be considered for the vacancy. On July 8, 1993, you received copies of the applications for appointment to the Human Rights and Resources Commission from the following persons: APPLICANT NEIGHBORHOOD Joel Hilstrom, 3509 66th Avenue North Central Richard Hilstrom, 6107 Perry Avenue North West Central Robert Kensinger, 2619 65th Avenue North Central Wayde Lerbs, 5107 East Twin Lake Boulevard Southwest Dean A. Nyquist, 5701 June Avenue North Southwest Trayce Ann Olsen, 3910 65th Avenue North, #4 West Central Sarah Robinson Pollock, 7018 Girard Avenue North Northeast Daniel Reiva, 1707 Amy Lane Northeast i According to the resolution defining duties and responsibilities of the Commissions: "the Mayor shall present at a regular City Council meeting the nominee for Human Rights and Resources Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee." Also attached for your convenience is a map indicating geographical location of current members and applicants of the Human Rights and Resources Commission. Council should note that there will now be nine members of the Human Rights and Resources Commission each serving a three -year term. Currently the seven members have expiration terms as follows: two members in 1993; two members in 1994; and three members in 1995. In order to even out the terms so that three members are appointed annually, one appointee will need to be appointed with a term expiring December 31, 1993, and one appointee will need to be appointed with a term expiring December 31, 1994. RECOMMENDED CITY COUNCIL ACTION Appoint two persons to the Human Rights and Resources Commission, one person whose term shall expire December 31, 1993, and one person whose term shall expire December 31, 1994. Brooklyn Center Sun•Ppst —Wed., June 2, 1993 -11A Luther, Carruthers Aft . law w . p hone -bill By Lisa Legge "Openness was needed before Alk some legislators ;encountered Long- distance ;telephone trouble with'. personal use of records of allstate offices, in- telephones 'for long- distance eluding Gov. ' Arne Carlson's, calling. judges' and'the Legislature's, The bill - raised some con - are now public._ r corns about the, loss,of consti= .;, -State Sen. William Luther, tuent:telephone call- confiders' -DFL= Brooklyn Park, and Rep. ; tiality, said. \ ;Phil :,Carruthers, DF'I Brook That s a concern, but it has ors Iyn _Center., crafted 'the .'to be weighed againstthe need aegislation.. �. for openness `in government; Both houses passed the pro he _ said'. "We have to - guard - vision without Y'dissent:' =The against abuse when the �;. vote follows a press report ear -' public's money is involved. ly in the session that the That has to be our overriding Legislature's` long- distance concern." service had been abused. Some The bill requires public of- legislators made personal ficials . to sign their monthly Ison last week when he sign,e _:year's. Omnibus phone calls, and others outside telephone bills and . report dl, including Rep. Darlene Luther,,, third from left, the capital had used the ser- misuse of .telephone service to vice: State Rep. Allan Welle's the legislative,, auditor. All bill totaled more than $85,000. state offices, including con- *fir Luther and Carruthers have stitutional officers, state agen- g s l.Gil. geiecv no involvement in the scandal, ties and local government of- which has taken on the name ficials and their employees will Guevara, in "dehumanize" a trial. "phonegate." Carruthers' be required to make public barred from. Carruthers disagrees. - distance bill was less than their long - distance records. bility of the "This, is - scienti c evidence, for both years combined. "We need to catch up with the suspect's and °we` shouldn't be afraid of "If the bill is being paid by common practices of corpora- semen found science if it can help us do a bet= the government, it should be tions and business," Car- a missing 5- ' ter job," he said. public information, " - Car -- ruthers said. ecused of kid- , The '.Omnibus Crime Bill ruthers said. "It's not just for The bill also requires the a was found would also level a tougher penal - the Legislature, but all local Legislature to put together a ty for the murder of police of- officials." detailed budget open to public t in paternity ficers. -Spurred by last year's Although open phone records review, The budget will in- n't allow it" in fatal shooting of Minneapolis Of- are a _topic of public interest, elude- travel and phone ex- thers said, ficer Jerry, Haaf, the bill would Luther's legislation includes pence reports, according` to is important call for a -life sentence without more comprehensive reforms Luther's statement. to have ... not parole upon conviction. as well, according to a state - The bill has been forwarded us convict the "It was in response to the ment from the senator. to Carison,,.who is expected to the innocent. ". murder of Officer Haaf," Car- . "It's unfortunate long- sign the legislation. The :new have been ruthers said. "I think all of us distance. telephone misuse had law will take effect immediate- DNA evidence just found a completely different to be the catalyst for this kind ly, starting the day after the a evidence is atmosphere in the metro area of legislation," Luther said. governor signs the bill., t jurors may after- that happened. People vidence and were scared." WEEKLY HIGHLIGHTS Members . sought for panel x: The Brooklyn Center City ments will be made by the Council recently approved a, mayor ,and City Council. • resolution to increase the size of The Human Rights- and C r6dit membership of the Human Resources Commission meets Rights and Resources Commis - the second Wednesday of each hborhood Nortvest banker gftn from seven to nine month. Its general purpose is to 9 tubers• act in an advisory capacity to Anyone interested in the two the City Council on issues Choosing a new positions may get an ap- related to human relations and plication at Brooklyn Center Ci- civil rights issues. It also recom- loan right ty Hall, 6301 Shingle Creek mends the adoption of such Parkway, Brooklyn Center, or specific policies or actions as for you call Deputy City Clerk Sharon are needed to provide for equal Knutson at 564 - .xW. Annlication onnortunity in the community. n,r.. , June 7, _ 1993 NORTHWEST N EWS Brooklyn: Center Brooklyn Parke Human Rights Senior Citizen C " and Resources Schedule - for Commissions June '1993 AARP De Driving For ~ has Vacancies Thursday, June 3rd & June 17th 10 a.m. to 3 p.m. Sen lorS. At its May 24,1993 meeting, the Crafts &Cards - Zanewood Brooklyn .Center City Council ap- Brooklyn Center. Community proved a resolution to increase the (7200 Zane Ave. NJ, Education will be sponsoring an Thursday, June 10th Noon AARP Defensive l) for Seniors size "of membership on the Human vmg Rights and Resources Commission Catered Dinner -CAC course from seven to nine members. Notice (Community Activity Center; The two session course will be Is hereby given that two vacancies 5600 85th Ave. N .) held June - and 22. It will be held exist on the Brooklyn Saturday, enter Brook -. y June 12th, 8 a.m. from 9 a.m. to 1:00 p.m. both days lyn Cent er Human Rights and Re 'I Community Brook � ZYipsters To at Brookl Center-Hi School at i , sources Commission. The_ general Inventors Congress, Leave ' 65th and Humboldt s purpose of the Commission is to act Village North, 8 a.m. The registration fee is $8. It is Monday June 4th &Tuesday, - to rere g ister b calling in an advisory capacity to the City necessary ne �3' , P _ g Y g Council on issues and recommend June 22nd, 1 p.m. to 3 p.m. 561 -8460. the adoption of such specific policies Bingo = Zanewood..: - 1 Tuesday, June 15th & or actions as are needed to provide _l Wednesda y June 16th M Tor equal opportunity in the commu- nity; The Human Rights and Re 4 p.m. to 9 p.m. Selli2lg sources Commission'meets on the '55 Alive" Zanewood. �OUr A 'end Wednesday of each month. Wednesday, June 16th, 9:30 a.m. i erested persons can obtain an Van Outing, Murphy's Land - I0311e`� plication at Brooklyn Center City ing, Leave Village North at Hall, 6301 Shingle Creek Parkway, 9,:30 a.m. Thursday, June 17th, 7:00 Brooklyn Center, or call Deputy City Tater Daze Parade Brooklyn y n l�,jj{IjrgE YOUR Clerk Sharon Knutson at 569 -3300. - ! Final appointment will be made by Park. F+UAF+ the Mayor and City Council. A li- Saturday June 19th, 6:00 a.m. Y tY PP MINIMISE THE FEE... cation deadline is July 2, 1993. Lions Club Fishing Trip, Leave Brooks Landing. Variable Commission Rates Saturday June 19th 2 -4 - -5% Tater Daze Race - Brooklyn sell your home faster with more F Brooklyn. Center Park return for YOU the seller! AA Wednesday, June 23rd, E lte Get �.�Gt . 12 :30 p.m. , Full Multiple Listing Service q .Movie, "Sister Act" a Opportunity to z anewood. Call Lynn Cla Tell -Council Wh A Real $state Professional for 19 years For more information about 1 • " 55 Alive ", call 424 -8017. For other INDEPENDENT They d Like to See - i nformation call Myrna Scott, BROKERS 5 61 -2072 �►, ` `lIl ! 493 -8355. Q REALTY 94 Budget As the '94 budget process con- tinues, the Brooklyn Center City Council & staff are opening their Brian's FDCIT Shop doors & ears to the community for I Mon. =S at 12.9 PM • 522.6585 • Fre Estimates I If you own a home simil their input & ideas on the 1994 I Electronics - Microwaves • Computers budget, I VCR's • Small Appliances • Lamps and are looking for The Town Meeting with comm u - I . I to -the high cost o & council is scheduled for Mon - L _4831 Lyrdale Ave. (1 -94 at 49th Ave)_ J day, June 7 at 7:00 p.m. i city ME OFFER A SOLI Council Chambers. o . Ce - 3 D) Ati to), -SAV YOU Draperies I CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCIES BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION Notice is hereby given that two vacancies exist on the Brooklyn Center Human Rights and Resources Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to human relations and civil rights issues and recommend the adoption of such specific policies or actions as are needed to provide for equal opportunity in the community. The Human Rights and Resources Commission meets on the 2nd Wednesday of each month. Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS I JULY 2 1993. [Posted at Brooklyn Center City Hall and Community Center May 25, 1993] [Published in the Brooklyn Center Sun -Post June 2, 1993] [Published in the Northwest News June 7, 19931 0 "j" " wUkL1 W1gKucm =^ CHANNEL #37 ANNOUNCEMENTS CITY OF BROOKLYN CENTER DATE: - x - 93 DEPARTMENT: A CONTACT PERSON: DATE ANNOUNCEMENT ON DATE ANNOUNCEMENT OFF: _ GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need. more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR 610 Please list the announcement as you would like it to appear: FF CO n n - t S S i o,le rs N e ed eJ urn�n �.i b1t5 °�- �Scc��ceS C ►'Ym rn 55 " on- i 5 See KL' n � hers 113C RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL REVISED 4/92 CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 May 25, 1993 Dear Advisory Commission Applicants: At its May 24, 1993, meeting, the City Council adopted a resolution to increase the size of membership on the Human Rights and Resources Commission from seven to nine members. With the increase in membership size, there now exists two vacancies on the Human Rights and Resources Commission. Since you completed an application for appointment to the Human Rights and Resources Commission just a short time ago, Mayor Paulson suggested you be notified of these vacancies to inquire if you continue to have an interest in serving on the commission. Please call me at 569- 3306 if you continue to have an interest in serving on the Human Rights and Resources Commission. The Mayor and City Council will be appointing commissioners at the July 12, 1993, City Council meeting. - hhank y ou. Sincerely, Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER cc: Mayor and City Council Members Mew ?, '^ suuiwuiucm .r i ►CISam- W < 1� all ILI ,........... �� � :. � � '�....; ,���� �• � 1111111 ��111 ��! I��IIIII 111 111 IQT '1 "� •. � � 1 �, ,( -1 111 •�� �:. �/ • �E� III .,,�..... MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JULY 15, 1993 CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Sander at 7 :32 p.nn, L ROI. CAL L Chairperson Ella Sander, Commissioners Berth Johnson, Mark Holmes, Dianne Reem, Debra Hilstrom and Tim Willson. Also present were the Secretary to the Planning Commission, Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Arlene Bergfalk, Commissioner Mickelson has called to indicate he was unable to attend this evening's meeting and was, therefore, excused. The Secretary introduced the Recording Secretary to the Commissioners. APPROVAL OF MINUTES - July 1. 1993 Commissioner Hilstrom requested that her first name be corrected to Debra in the Roll Call of the July 1, 1993 Study Session minutes. Motion by Commissioner Johnson seconded by Commissioner Hilstrom to approve the minutes of the July 1, 1993, Planning Commission Study Session as corrected. Voting in favor: Commissioners Hilstrom, Holmes, Johnson, Reem and Willson, Voting against: none. Chairperson Sander abstained. The motion passed. CHAIRPERSON'S EXPLANATION Chairperson Sander explained that the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 93003 (RANDY RAU) PPLI CATION N-0, 93004 (RANDY—RA Chairperson Sander stated Application Nos. 93003 and 93004 will be combined for consideration. She introduced Application No. 93003, request for site and building plan and special use permit approval to make an addition to and modify the existing gas station/convenience store at 6849 Brooklyn Boulevard, and Application No. 93004, request for a variance from Section 35 -700 of the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North at 6849 Brooklyn Boulevard. 7 -15 -93 1 The Secretary reviewed the contents of the staff reports (see Planning Commission Information Sheets for Application Nos. 93003 and 93004 attached.) Chairperson Sander asked whether the car wash on this site is different than that approved at the Phillips 66 site. The Secretary explained the car wash at this site is a conveyor type whereas the Phillips 66 wash is a one -car stall type. Sander asked whether there will be signs indicating the stacking area to avoid blocking the driveway. The Secretary stated directional signs will need to be provided to prohibit vehicles from blocking the Brooklyn Boulevard entrance /exit and indicated that perhaps additional signagc could be required as a condition to avoid any stacking that would block that entrance. Sander said she believes such signage is necessary. Commissioner Johnson expressed concern regarding the location of handicapped parking on the site. He stated it could be treacherous from icy conditions caused by the car wash and recommended another location be designated for handicapped parking. Johnson expressed concern regarding the landscaping proposed which combined with parked vehicles would impair the vision of drivers exiting on to Brooklyn Boulevard. Johnson inquired about the status of the Phillips 66 approval relating to the 15' greenstrip. The Secretary stated the r nd n w at if there was something comme aho as that Planning Commission's e g less than 15', the ordinance should be amended to allow that. He stated as a result of the study of Brooklyn Boulevard, a recommendation indicated no objections to using other methods to screen rather than just distance to allow some flexibility. He indicated the staff is studying a recommendation for an overlay ordinance for Brooklyn Boulevard only with special considerations including greenery and walls. The Secretary described the landscaping proposed for this site and compared it with that approved for the Phillips 66 site. In response to Johnson's question regarding a County easement along 69th Avenue, the Secretary noted the easement is already in place. Commissioner Willson questioned the reference to Resolution No. 93 -34 noting that the staff report contained a reference to Resolution No. 93 -243. The Secretary stated the correct Resolution No. is 93 -34. In response to Willson's question, the Secretary described the locations of the walls proposed for the site and compared them with those approved for the Phillips 66 site. Commissioner Holmes requested clarification of the parking requirements for the site. The Secretary reviewed the previous requirements under the 1984 expansion quid explained the modifications to parking under this operation, and noted parking provided will be adequate. Commissioners Holmes and Hilstrom requested clarification of the setback requirement on the south property line. The Secretary explained that the addition constructed will be 38'x40' to allow for a minimum 5' setback since the property is not attached at a property line with an adjacent building and also because of the existence of a 5' drainage and utility easement along the south property line. 7 -15 -93 2 Commissioner Reem questioned the ownership of the fences and expressed concern whether there is adequate space for two -way traffic with the proposed addition of another row of gasoline pumps. The Secretary stated he was unsure of the ownership of the fences. He stated the City Engineer will review and provide a recommendation on the adequacy of the circulation pattern. The Secretary reviewed the applicant's proposal to encroach about 3 -1/2' into the greenstrip along 69th to provide enough area around the pump islands for proper circulation and noted the applicant is willing to narrow the greenstrip further if the City believes it is necessary for better site circulation and to provide a brick screen wall if the City believes it is necessary. Chairperson Sander and Commissioner Reem agreed the applicant should re- locate the handicapped parking space. In response to Chairperson Sander's question, the Secretary described the screen wall requirements and noted the future possibility of an additional turn lane on 69th Avenuc. Randy Rau, the applicant, described the variance he is requesting to encroach into the required greenstrip in order to accommodate additional parallel pump islands on his site and made reference to the variance previously granted to Phillips 66. He responded to questions from the Commissioners. He described the landscaping on the site and stated he preferred grass and greenery over construction of walls. He indicated the visual site lines will be improved by using trees rather than hedges. He stated the parking and fire lane allowance on the site remain the same and circulation will remain basically the same as it currently exists. He described the stacking area for the car wash operation. He described the car wash operation stating that an attendant will be on site to guide the vehicles onto the equipment, payment will be collected inside the store, and hours of operation will be 8 a.m. to 8 p.m. Rau indicated the architect will consider another location for handicapped parking. He stated that although he did not erect the fences, he believes he is the owner of the fences on the property. Rau indicated additional underground tanks will not be installed and fiber -glass piping will be used to connect service to the new pump island. He anticipates operations will continue during construction and assured the Commissioners the site will be maintained and construction debris contained. C-ommigsioner Reem expressed concern regarding the "look" of Brooklyn Boulevard and encouraged the applicant to ensure maintenance of the landscaping. P�1$ I,IC HEAR_�G (�+PPLICATION NOS 9�d03 AND 930Q41 Chairperson Sander opened the public hearing at 9:10 p.m. on the request for site and building plan and special use permit approval to make an addition to and modify the existing gas station/convenience store and on the request for a variance from Section 35 -70t) of the Zoning Ordinance to allow less than a 15' greenstrip along 69th Avenue North at 6849 Brooklyn Boulevard. She inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and she entertained a motion to close the public hearing. 7 -15 -93 3 CL OSE PUBLIC, HEARING 'There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes to close the public hearing at 9:10 p.m. The motion passed unanimously. Commissioner Holmes referred to the City Engineer's letter regarding the application. The Secretary stated that while there are some open items, the application, if approvcd, would be contingent on the Engineer's approval. Commissioner Willson reiterated the request to have the City Engineer consider parking, circulation pattern and the location of handicapped parking. Commissioner Johnson stated the preferred manner of dealing with the greenstrip issues is by considering an amendment to the ordinance. The Secretary noted the: Consultant studying Brooklyn make a recommendation to that effect and an overlay d ' Yn Boulevard may ordinance may be forthcoming during the year. The Commissioners wished to convey to the Council its desire to amend the ordinance. The Secretary stated that with respect to the precedent set, variance requests will continue. The Secretary described some ideas for flexibility in dealing with variances. Commissioner Willson pointed out the precedent is making the issue difficult to deal with. Chairperson Sander stated a narrower green strip is preferred in order to provide better circulation on the site. The Secretary noted a screen wall would be required if the strip was reduced to 0'. Commissioner Willson preferred to keep as much green space. The Secretary suggested if the Engineer's recommendation results in less than 5', the matter will be referred back to the Planning Commission, however, he expressed confidence the matter can be mutually resolved and a report will be made back to the Planning Commission. ION RECO MMEN D ING PR V F AP PLICATION N 930 03 ACT AP O AL O �,._ RANDY RA Motion by Commissioner Willson and seconded by Commissioner Reem to recommend approval of Application No. 93003 submitted by Randy Rau, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 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. 7 -15 -93 4 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. Underground irrigation shall be extended to any new or modified landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. R. B612 curb and gutter shall be provided around all driving and parking areas where the site is being modified. 9_ The applicant shall submit an as -built survey of the property, improvcments and service lines, prior to the release of the Performance Guarantee. 10. Approval of this application is contingent upon the granting of a variance under Planning Commission Application No. 93004 or alterations to the. property. 11. The amended special use permit is granted to the applicant for an expanded gas station/convenience store /car wash at 6849 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 13. The plan should be modified prior to the issuance of building permits to show a minimum 5' building setback along the south property line to cohicidc with a 5' drainage and utility easement and to provide a more appropriate location for the handicapped parking. 14. Appropriate signage is required on Brooklyn Boulevard to avoid blockage of the intersection, 15. Approval is subject to the Engineer's study and approval of the circulation pattern on the property, Voting in favor: Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Reem and Willson. The motion passed. 7 -15 -93 5 ACTION RECOMMENDING APPROVAL OF APPLICATION NO 93004 (RANDY RAU) Motion by Commissioner Willson and seconded by Commissioner Hilstrom to recommend approval of Application No. 93006 submitted by Randy Rau, based on a precedent established in granting the variance for Phillips 66 under Planning Commission Application No. 9203 and that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. Voting in favor: Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Reem and Wilson, The motion passed. The meeting recessed at 9:20 p.m. and reconvened at 9:30 p.m. APPL Z N O 93005 f CRACKER BARREL O-L—D COUNTRY STQ E2E� Chairperson Sander introduced Application No. 93005, request for site and building plan approval to construct a 9,848 square foot restaurant/gift shop at 1501 James Circle North. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93005 attached). Chairperson Sander asked when the facility plans to open. Commissioner Willson requested further information regarding access to the location by fire and safety equipment since the site is accessed by only one entrance (James Circle) and expressed concern regarding access to the fire hydrants in the parking area. The Secretary noted the locations of the fire hydrants would be determined by the Fire Chief. He stated the Fire Department is prepared and accustomed to finding alternative access to sites. Commissioner Reem askcd whether the ponding area near the Olive Garden will remain. The Secretary explained it was designed as a retention pond with anticipated projected development in the Richardson Park area. The runoff from the Cracker Barrel site will drain to that pond prior to flowing into the storm sewer. The Secretary explained the approval process noting a public hearing is not required for this application. Mr. Les Taylor, real estate manager, Cracker Barrel, stated the Secretary describes] the proposal adequately and indicated he and Mr. Bill Snodgrass, construction mauagcr, were prepared to answer the Commissioners' questions. Commissioners Johnson and Reem spoke highly of the restaurant and its atmosphere having personal knowledge of those located elsewhere. The Cracker Barrel representatives described the origin of the family type restaurant and noted this will be the first location in the Twin Cities area. Breakfast, lunch and dinner will be served 6 a.m. -10 p.m. daily with Friday and Saturday service to 11 p.m. 7 -15 -93 6 Mr. Taylor stated the company is developing a variation of it's theme and signage to comply with the City's signage specifications. Commissioner Holmes requested clarification of the lighting on the site. The construction manager described the lights as 175 watt low -glare sodium luminaries located at 12' to 15' high poles. He explained the location of three down -ward positioned security spot lights. A free- standing sign will be located near the freeway and a directional sign at James Circle. The construction manager reviewed the construction schedule and indicated opening of the restaurant is planned for January - February 1994. ACTIO RECOMM)~NI) [NG AI'PRQVAL OF APPLICATION NO, 930U5 (CRACKER BA RREL OLD CQUNIRY STORE) Motion by Commissioner Hilstrom and seconded by Commissioner Johnson to recommend approval of Application No. 93005 submitted by Cracker Barrel Old County Store, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to thee 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 and financial guarantee (in an amount to be determined by the city Manager) shall be submitted prig to the issuance of permits to assure completion of approved site improvements. 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 site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. A minimum of 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 is utility service lines, prior to the release of the performance guardmcc. 7 -15 -93 7 d agreement for maintenance and 10. The property owner shall enter into an easeme nt an g inspection of utility and storm drainage systems, prior to the issuance of permits. l.i_ The plans shall be modified prior to the issuance of building permits to include the following: a) Modification to the landscape plan indicating the location of 7 Sugar Maple. b) Modification to the trash enclosure detail to indicate a wood opaque gate as opposed to a chain link gate with metal slats for screening purposes. Voting in favor. Chairperson Sanders, Commissioners Hilstrom, Holmes, Johnson, Reem, and Willson. The motion passed. AP PLIATTION NO 93( 6 (HILLS_GILBERTSON ARCHI'T'ECTS INC ) Chairperson Sander introduced Application No. 93006, request for situ and building plan and special use permit approval to construct a 3,048 square foot addition to the existing Salvation Army office building at 2300 Freeway Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93006 attached). Chairperson Sander stated the proposed landscaping appears to be concentrated in one area primarily around the proposed addition and suggested the applicuiit provide a better distribution of the proposed additional greenery to include the entire site. The Secretary described the type and locations of the proposed landscaping. Commissioner Reem suggested the 6" spruce tree scheduled for removal be relocated to another part of the site. She asked what types of goods would be delivered to the receiving dock. The Secretary stated office supplies would be delivered and clarified that this Salvation Army location is not a distribution point and no semitruck/trailers would be entering the area. He verified that the building complies with the ordinance in terms of its distance from Shingle Creek and noted the proposed layout of the building addition and revisions to the - ' require approval b the will not Arkin lot and storm dram system i q pp y parking y Watershed District. Mr. Tim O'Brien, Project Architect, representing Hills Gilbertson Architects, Inc., stated the Commissioners' comments regarding the landscaping are appropriate and indicated the plan for landscaping will be reexamined taking the entire property into consideration. He stated the b" spruce tree will be relocated as suggested. 7 -IS -93 8 PUBLIC HEARIN9 (APPLICATION NO. 930061 Chairperson Sanders opened the public hearing on the request for site and building plan and special use permit approval to construct a 3,048 square foot addition to the existing Salvation Army office building; at 2300 Freeway Boulevard at 10:35 p.m. She inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and she entertained a motion to close the public hearing. CLOSE PUBIC HEARING There was a motion by Commissioner Holmes and seconded by Commissioner Hilstrom to close the public hearing at 10:35 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NC 93006 (HILLS ULBERTSON ARCHITECTS. NC. Motion by Commissioner Johnson and seconded by Commissioner Holmes to recommend approval of Application No. 93006 submitted by bills Gilbertson Architects, Inc., subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 3. A site Performance Agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to 01c issuance of permits. 4. Any on -site trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet with NFPA standards and shall be connected to a central monituring; dcvicc in accordance with Chapter 34 of the City Ordinances. 6. The underground irrigation system shall be extended to new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all new parking and driving areas. 9. The applicant shall enter into a revised Proof -of- Parking agreement acknowledging that they will install up to 90 parking spaces on the site upon determination by the 40 City that any or all of these parking stalls are required. 7 -15 -93 9 10. The Special Use Permit granted to the Salvation Army in 1983 for an office use in the 1 -1 Zoning District is amended to acknowledge the expansion of this office area. Any modifications to the use of this property that is inconsistent with the granting of this amended special use is prohibited. 11. The 6" spruce tree to be removed due to the addition shall be relocated and the proposed landscaping surrounding the addition shall be re- arranged taking into consideration the entire site and existing building. s Jo hnson, Reem and ' i ners Hilstrom .Holme o , Vo ting in favor: Chairp Sander Commiss a , , Vo a . 8 Willson. The motion passed. OTHER BUSINESS The Secretary requested the Commission to consider a plan for a Wendy's restaurant as an agenda item for the next study ses� !on. The Commission concurred with the recommendation. C.ornmimioner Reem commented on the locations of vacant buildings in the City and ible for approachin businesses to is an organized g roup res ons o inq uired whether there o q fi g P P relocate into Brooklyn Center. The Secretary stated that function is performed by the City's Economic Development Coordinator and the Economic Development Committee of the Chamber of Commerce. He briefly reviewed the names of companies currently considering moving to various vacant buildings. In response to Commissioner Reem's question, the Secretary suggested Commissioners and/or residents may contact any member of the City staff or the Chamber of Commerce for further information. In addition, he indicated potential businesses are strongly influenced by the personal contacts made by residents with suggestions or requests for specific services and urged the Commissioners to do so. ADJ URNMENT Motion by Commissioner Hilstrom seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned. at 113;47 p.m. Chairperson Recorded and transcribed by: Arlene H. Bergfalk TimcSaver Off Site Secretarial 7 -15 -93 10 CITY OF ,BROOKLYN CENTER Council Meeting Date f REQUEST FOR COUNCIL CONSIDERATION Agenda hem Number ��j ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** i ITEM D - DESCRIPTION: Planning Commission Application No. 93003 and 93004 Randy Rau DEPT. ROVAL: / RONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The applicant is seeking site and building plan approval and an amendment to his special use permit under Application No. 93303 to construct an approximate 1,520 s.f. (38' x 40') addition to the east of his existing gas station /auto repair /convenience store, to add another row of gasoline pumps and to extend the existing canopy over this expanded pump island area. The existing ite contains an approximate 3 760 s.f. building f which 2 160 s.f. is retail 9 pp 9 0 , space and a two -bay automobile service repair garage of about 1,600 s.f. Mr. Rau's plan is to modify the expanded building to accommodate approximately 1,880 s.f. of retail and accompanying storage, office and public restrooms, and to provide a conveyor -type car wash which would be located on the south and west side of the building. Access to and through the car wash would be in a clockwise fashion entering the east side of the building and exiting the building on the north, at the west end. The applicant under Application No. 93004 is requesting a variance from Section 35 -700 of the City's zoning ordinance to allow less than a 15' greenstrip on the site of his proposed gas station /convenience store /car wash. This application is a companion to Application No. 93003 for site and building plan and special use permit approval at 6849 Brooklyn Boulevard and was considered by the Planning Commission at its July 15, 1993 meeting. Attached for the Council's review are minutes and information sheets from that meeting, an area map showing the location of the subject site, a survey of the existing site, plans showing the proposed addition and alteration, a copy of City Council Resolution No. 93 -34 and a plan showing the approved Phillips 66 proposal for the northwest corner of 69th and Brooklyn Boulevard. A public hearing was held by the Planning Commission for the Special Use Permit and the variance request. Notices of the Council's consideration have also been sent out. Recommendation The Planning Commission recommended approval of these two applications subject to the conditions and considerations listed on pages 4, 5 and 6 of the July 15, 1993 Planning Commission minutes. t PLANNING COMMISSION INFORMATION SHEET Application No: 93003 Applicant: Randy Rau Location: 6849 Brooklyn Boulevard Request: Special Use Permit /Site and Building Plan Approval The applicant is seeking site and building plan approval and an amendment to his special use permit to construct an approximate- 1,600 s.f. (40' x 40 1 ) addition to the east of his existing gas station /auto repair /convenience store, to add another row of gasoline pumps and to extend the existing canopy over this expanded pump island area. The existing site contains an approximate 3,760 s.f. building of which 2,160 s.f. is retail space and a two -bay automobile service repair garage of about 1,600 s.f. Mr. Rau's plan is to modify the expanded building to accommodate approximately 1,880 s.f. of retail and accompanying storage, office and public restrooms, and to provide a conveyor -type car wash which would be located on the south and west side of the building. Access to and through the car wash would be in a clockwise fashion entering the east side of the building and exiting the building on the north, at the west end. The property in question is located at the southwest corner of Brooklyn Boulevard and 69th Avenue North and is bounded on the north by 69th Avenue; on the east by Brooklyn Boulevard; on the south by the Brookdale Pontiac site and on the west by the Brooklyn Center Post Office. On the north side of 69th Avenue, across from • this site is the proposed Phillips 66 redevelopment for a gas station /convenience store /car wash. The property in question under this application is zoned C -2 and gas station and car wash uses are special uses in this zoning district. Mr. Rau was granted a special use permit to operate a gas station/ convenience store /auto repair operation in 1984 when he expanded his then Mobile Oil station to incorporate a small grocery store located to the west and to redevelop the site to include the existing gas station /convenience store /auto repair operation. He now proposes to abandon the auto repair operation and convert it and part of the existing building and part of the proposed expansion into a conveyor -type car wash. Modifications would also be made to the convenience store but the overall area devoted to that part the building would be reduced from 2,160 s.f. to 1,88o s.f. (Note: the plans show an expansion of the building to the south property line. This should be modified to a 3' set back, and thus a 40' x 40' expansion rather than a 43' x 40' expansion. A recently adopted ordinance amendment allows commercial and industrial buildings to be set back as close as V from an interior property line provided the wall construction meets building code requirements and that there is a minimum of 10' on the other interior property line. To be closer than 3 buildings must be attached at a property line with an adjacent building. This is not the case here, thus a minimum 3' building set back is required from the south property line and the plan should be so modified.) 7 -15 -93 1 ACCESS /PARKING � T T No changes are being proposed to the current access arrangement to this site which has an access off 69th Avenue North and a right in, right out access off Brooklyn Boulevard. The site at the present time has 26 parking spaces and credit is given for 4 more parking spaces at the pump island for a total of 30 parking spaces. The expansion will eliminate some parking spaces to provide stacking for the new car wash to the east of the building and along the Brooklyn Boulevard greenstrip if necessary. The pump island /canopy expansion will eliminate 3 spaces as well. (Please note that the encroachment into the 15' greenstrip is the subject of the variance being requested by the applicant under Planning Commission Application No. 93004 and will be reviewed separately with that application). The site will be left with 7 spaces along the west property line, one of which is a handicap space, and credit for 4 parking spaces at the expanded pump island for a total of it parking spaces. 11 spaces are required for up to the first 2,000 s.f. of retail space. There will be 1,800 s.f. of retail so the . parking provided should be adequate. It should be noted that if the site were some day modified so that the entire 5,360 s.f. building were devoted to a retail use, that adequate parking up to the required 29 spaces, could be provided on the site. DRAINAGE /GRADING /UTILITIES The applicant proposes no major changes to the plan in this area other than to accommodate the necessary changes. The Planning Commission's attention is directed to a July 6, 1993 memo from City Engineer Mark Maloney regarding this site (copy attached) . The i matters outlined in- - that memo will need to be addressed by the applicant with the City Engineer before building permits could be issued. LANDSCAPING The applicant has provided a landscape plan showing existing and g g proposed landscaping. This approximate .6 acre site requires a minimum of 80 landscape points. He proposes to add seven new Summit Ash trees, four along the Brooklyn Boulevard and. 69th Avenue greenstrips and three in an expanded planting area to the east of the building near the south property line. One additional Black Hills Spruce will also be added to this landscape area also. Sixty Alpine Current shrubs are proposed for screening in the decreased greenstrip area along 69th Avenue and also in the new landscaped area. Six Mint Julip Juniper are proposed in a decorative rock planting area at the northeast corner of the building. Total landscape points for the site comes to 173 which is well above the minimum required. BUILDING /CANOPY The building addition is to contain office and restroom areas for the retail area as well as the car wash tunnel and equipment room. 7 -15 -93 2 Planning Commission Application No. 93003 The exterior treatment will be brick and stucco to match the • existing building treatment. The two overhead doors serving the current repair operation will be replaced with a new 20' x 10' air powered door to serve vehicles exiting the car wash. A 12' x 10' air powered door will serve as the entrance to the car wash along the east side. As mentioned before, the car wash will be a conveyor -type and the building will be able to accommodate stacking for two cars inside with one additional car outside, immediately east of the entrance door. The applicant shows additional stacking for three cars along the Brooklyn Boulevard greenstrip for total stacking space of six spaces. Directional signs will need to be provided to prohibit vehicles from blocking the Brooklyn Boulevard entrance /exit. This type of arrangement for stacking was acknowledged as acceptable with the Phillips 66 plan proposal across 69th Avenue. .The canopy will be an expansion of the existing canopy and extend out over the expanded pump island. Lighting in the canopy will be recessed and the sides of the canopy may not be illuminated. New concrete curb and gutter (B612) will be required where the existing curbing is removed or modified. As previously mentioned, the applicant is requesting a variance from Section 35 -700 of the zoning ordinance to allow a lesser greenstrip than the 15' required by the ordinance. Such a variance will have to be granted to allow the current site plan to be • approved. The applicant has pointed out that he prefers an arrangement with the least encroachment into the greenstrip as possible, leaving the most landscaping that he can in order to accommodate the expanded pump island. He has indicated that he is willing to go deeper into the greenstrip if it is necessary to accommodate better circulation on the site and he is also willing to build a screen wall (similar to Phillips 66) if necessary. Any approval of this application must be contingent on the approval of the variance comprehended under Planning Commission No. 93004. There is a public hearing scheduled for both the special use permit and the variance and notices have been sent. A concurrent public hearing for both applications is in order. Approval of the application should be subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 7 -15 -93 _ 3 Planning Commission Application No. 93003 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 equipted with an automatic fire extinguishing system to meet NFPA g Y standards and shall be connected to a central monitoring device in accordance with Chapter 5 0 f the City ordinances. y 6. Underground irrigation shall be extended to any new or modified landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all driving and parking areas where the site is being modified. 9. The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Guarantee. 10. Approval of this application is contingent upon the • granting- of" a variance under Planning Commission Application No. 93004 or alterations to the property. 11. The ammended special use permit is granted to the applicant for an expanded gas station /convenience store /car wash at 6849 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 7 -15 -93 4 CLOSE PUBLIC HEARING There was a motion by Commissioner Hilstrom and seconded by Commissioner Holmes to • close the public hearing at 9:10 p.m. The motion passed unanimously. Commissioner Holmes. referred to the City Engineer's letter regarding the application. The Secretary stated that while there are some open items, the application, if approved, would be contingent on the Engineer's approval, Commissioner Willson reiterated the request to have the City Engineer consider parking, circulation pattern and the location of handicapped parking. Commissioner Johnson stated the preferred manner of dealing with the greenstrip issues is by considering an amendment to the ordinance. The Secretary noted the Consultant studying Brooklyn Boulevard may make a recommendation to that effect and an overlay ordinance may be forthcoming during the year. The Commissioners wished to convey to the Council its desire to amend the ordinance. The Secretary stated that with respect to the precedent set, variance requests will continue. The Secretary described some ideas for flexibility in dealing with variances. Commissioner Willson pointed out the precedent is making the issue difficult to deal with. Chairperson Sander stated a narrower green strip is preferred in order to provide better circulation on the site. The Secretary noted a screen wall would be required if the strip was reduced to 0'. Commissioner Willson preferred to keep as much green space. The Secretary suggested if the Engineer's recommendation results in less than 5', the matter will be referred back to the Planning Commission, however, he expressed confidence the matter can be mutually resolved and a report will be made back to the Planning Commission. ACTION REC MMEND [NG APPROVAL OF APPLICATION NO. 93003 (RANDY RA Motion by Commissioner Willson and seconded by Commissioner Reem to recommend approval of Application No. 93003 submitted by Randy Rau, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits. 2. Grading, drainage and utility plans are subject to review and approval by the City Engineer, prior to the issuance of permits. 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. 7 -15 -93 4 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. Underground irrigation shall be extended to any new or modified landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. B612 curb and gutter shall be provided around all driving and parking areas where the site is being modified. 9_ The applicant shall submit an as -built survey of the property, improvements and service lines, prior to the release of the Performance Guarantee. 10. Approval of this application is contingent upon the granting of a variance under Planning Commission Application No. 93004 or alterations to tha property. 11. The amended special use permit is granted to the applicant for an expanded gas station/convenience store /car wash at 6849 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require additional amendments to this special use permit. 12. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 13. The plan should be modified prior to the issuance of building permits to show a minimum 5' budding setback along the south property line to coincide with a 5' drainage and utility easement and to provide a more appropriate location for the handicapped parking. 14. Appropriate signage is required on Brooklyn Boulevard to avoid blockage of the intersection, 15. Approval is subject to the Engineer's study and approval of the circulation pattern on the property, Voting in favor: Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Reem and Willson. The motion passed. 7 -15 -93 5 . ACTION RECOMMENDIN APPROVAL OF APPLICATION NO 93004 (RANDY RAT Motion by Commissioner Willson and seconded by Commissioner Hilstrom to recommend approval of Application No. 93006 submitted by Randy Rau, based on a precedent established in granting the variance for Phillips 66 under Planning Commission Application No. 92003 and that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. Voting in favor: Chairperson Sander, Commissioner Hilstrom Holmes Johnson, Reem and Wilson. The motion passed. The meeting recessed at 9:20 p.m. and reconvened at 9:30 p.m. APPLICA It ON Nth 9300 (CRACKEI& BARREL OLD COUNTRY STORE) Chairperson Sander introduced Application No. 93005 request for site and building plan approval to construct a 9,848 square foot restaurant/gift shop at 1501 James Circle North. The Secretary reviewed the contents of the staff report (see Planning Commission Tnformation Sheet for Application No. 93005 attached). facility plans too requested en. Commissioner Willson re Chairperson Sander asked when the t ty p p q eq uipment further information regarding access to the location by fire an d safet since the f e concern r • site �s accessed by only one entrance (James Circle) and expres access to the fire hydrants in the parking area. The Secretary noted the locations of the fire hydrants would be determined by the Fire Chief. He stated the Firc Department is prepared and aceustomed finding alternative access to sites. Commissioner Reem askcd whether the ponding area near the Olive Carden will remain. The Secretary explaincd it was designed as a retention pond with anticipated projected development in the Richardson Park area. The runoff from the Cracker Barrel site will drain to. that pond prior to flowing into the storm sewer. The Secretary explained the approval process noting a public hearing is not required for this application. Mr. Les Taylor, real estate manager, Cracker Barrel, stated the Secretary described the proposal adequately and indicated he and Mr. Bill Snodgrass, construction maiiager, werc prepared to answer the Commissioners' questions. Commissioners Johnson and Reem spoke highly of the restaurant and its atmosphere having personal knowledge of those located elsewhere. The Cracker Barrel representatives described the origin of the family type restaurant and noted this will be the first location in the Twin Cities area. Breakfast, lunch and dinner will -1 m. d aily with Friday and Saturday be served 6 a.rn. 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' B I�t fir •\ •,` `I 1 1 Ea*a� t Mreey relit!► that this Aa -sutlt survey was I+agar" by he or wader q dlreet w.erH alw had that t r a dull Resister" heteoateasl i+" ,,r,a, wader the Iowa of the Ctata of Mlaawoata. Cot" this Ith dal of "or. IHO. C/ " ' Mf...... Li r.... ha. 1 ' IMF J S' 7 r t n -- - -- --- -. __._.- _ - -- - ' - -' Noii:vFa Hinoc 9 .F +r poi i,aav o� � (� •NOOV _.vwb.._ihary+d�`..--___. --. _.'___.. I I � {� IU � nnumv ,or } T I NORTH ELEVATION T' t _L i u E AST ELEVAT N OP. ION ,,.,,, ,..,.,,,,,,...n..m....,,�m,,. y G•28 93 _ �LnNT�rJ� ScHcnuLe. _ __ PLA14106_ �NrouLE — I I ! M•Ak I CO..• 04 NAMC B oTANiuL NAMr. Sar i I QTY EMARKi M.NC I CCowrweN_.NAnC BdAdiul._(JAne.. I StiC _QTY ReMAnkS. A. S4MPU 4_. EAisTw& __ _ _ D kor LtP 3--A . Y K . 0.1` 9 CH�N90A.y h "-z9" 10 1J cvJ �� �L_ I S. mm-T ASH.__.IfkA,.NS.PeN+twwN�A z'�..__l_. New! _ I � LAwlAI IRiti6ATio•1 . B I ''BL,--k A41.1. P",% G SMwte P"LAatA . 8 =0 . 4 — OWDe {y LL..IRiiKATO.1_ S sTer. B' eL^,k N•LL' Srsa TILlb GLAbic^ DwM '� =0 1 plc.. _1ouQD AS R�*uuso Fow.ALL7 s .. _... ANe— hwNT.us_ SYtiL'n_TOAO oR � , f [u YY l �jy IpO _ CoNC6tIL$1LEW WL_ vo o f 0 0 o O � o a EXISTING - Bu%WN& Te•Meo Aowltw I I��l i 69TH AVENUE NORTH - /7aoy dt_Siysle I [MI �� ffrllrai_iri z I _ O . icAwc .sir — SA aL 1G W — � �� �, \�� ThAKiwr. Rfq S.S TtACCf Rw low Std T Sire T'4w a ISSO WU.L Sw : ll 1Mknti S►.Tr ow Gw/y u.11 M M"I• .._ ow Q • }� • L�.rrM• eN S• AMA ..•LL `, a ... oft _. eo o er..ir, w. ti 7 4 2ox2o 4+ 1 N tc ""Tke C•rcon I i N S AM•N diT ... 1 f RC L..kt Yo•x o wA.n l STonA6i_ RcTA,L SPwcc l.ox2o s I too SA rt. 1 s ofsuc T , LINUIP. BATNR•oM � T I / r �� ` C W _. NCAT•0 J Y� �NfvJ GArrN AR— I \ Z53 03 !�1 ITC• ftPN ucrtSL2Pbf. � 69TH AVENUE NORTH re EW1 w�.ra 14" e.a. 2E u�C1 R 1 O 4 f L '. YL� • 41 I TMrwY NN a• ® lltd EIE�rTa.l 4b ��.•���^iLi i „,�1 �+' GRADING AND LIT�GTY PLAN \ ,.,.Ea l .! r N N Fi� µ14 - J K60 rAA M s y'i VlAi�J /lRw A h,�s \ EXI$TIn1G �.�LCi�![, ppo AooiTio.l 84-8.0 FLooR ELF40i.j 968.0 \ \\ w...• it.K ilawTiw� M IC • ru M ZS3.03 a Kta. PLANNING COMMISSION INFORMATION SHEET Application No: 93004 Applicant: Randy Rau Location: 6849 Brooklyn Boulevard Request: Variance The applicant is requesting a variance from Section 35 -700 of the City's zoning ordinance to allow less than a 15 greenstrip on the site of his proposed gas station/ convenience store /car wash. This application is a companion to Application No. 93003 for site and building plan and special use permit approval at 6849 Brooklyn Boulevard. The applicant, Mr. Randy Rau, has submitted a brief letter (attached) requesting that he be allowed to encroach into the required greenstrip along 69th Avenue North so that he can provide . additional pump islands in a parallel fashion at his service station site. He sites the fact that he had to dedicate 8' of his property in 1985 as part of his plan for expanding his operation. If he had not had to dedicate this right -of -way, he could now add his desired parallel pump islands without having to encroach into the required greenstrip. Mr. Rau is proposing to offset the greenstrip encroachment by adding landscaping in this area to help screen any potential adverse effects of being closer to the street right -of -way. Mr. Rau has not provided any written material addressing the four standards for variance contained in Section 35 -240, Subdivision 2 of the zoning ordinance. As the Planning Commission knows, variances from the literal provisions of the zoning ordinance can be granted in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. Variances may be granted after demonstration by evidence that all of the following qualifications are met: a. Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. b. The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. C. The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. d. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in -the neighborhood in which the parcel of land is located. 7 -15 -93 1 Planning Commission Application No. 93004 The applicant's basic argument is that a precedent was set by the City Council earlier this year when they granted a variance from the same section of the ordinance to allow Phillips 66 to encroach into the 15' greenstrip requirements`on Brooklyn Boulevard and on 69th Avenue North so that they could redevelop their site for a gas station /convenience store /car wash at the northeast corner of the same intersection. Phillips 66 proposed parallel pump islands and for circulation reasons needed to encroach into the greenstrip - area. The variance granted along Brooklyn Boulevard allowed them to have almost no greenstrip in some cases and allowed only a 5' greenstrip along 69th Avenue. Along Brooklyn Boulevard Phillips 66 was required to provide a 3' high brick wall to match the.brick of their building to provide some screening of the site and to negate some of the negative effects of having less than the required greenstrip. No screening was required along 69th Avenue where the 5' greenstrip was acknowledged. This was in an area where 18' of right -of -way was being dedicated by Phillips 66 and would be grass, or landscape area, until some future widening of the roadway. Mr. Rau has indicated during the staff review of his proposal, that he believes it is essential to the success of this redevelopment and his business that he have a second row of pumps in a parallel island. He notes that he is only encroaching approximately 3 1/2' into the existing greenstrip and that he would provide an approximate 9' greenstrip along 69th Avenue which could be used for some trees and shrubs to help screen the impacted area. With this encroachment he believes he provides enough area around the pump islands for proper circulation. Given the greenstrip variance granted to Phillips 66 for a 5' greenstrip along 69th Avenue and almost 0' on portions of the Brooklyn Boulevard greenstrip, Mr. Rau believes he should have the right to expand his site to provide parallel pump islands also. He does not believe he should have to provide a screen wall in the area along 69th as Phillips 66 was not so required along 69th Avenue. However, he is willing to narrow the greenstrip further if the City feels it is necessary for better site circulation and he is also willing to provide a brick screen wall to match the existing exterior of his building if the City believes it is necessary. The Commission's attention is directed to a copy of City Council Resolution No. 93 -243 and also to a copy of the site plan approved for Phillips 66 which are both attached. In Resolution No. 93 -243, the City Council made the finding that the Standards for variance contained in Section 35 -240, Subdivision 2 of the zoning ordinance are met in that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they would not be able to develop the property in a reasonable manner. Mr. Rau has pointed out that his lot is irregularly shaped and that to deny him his variance request would create a hardship for him as well in that he too would be unable to redevelop his property in what he believes to be a reasonable manner. He is only asking for the same consideration given to the Phillips 66 site. 7 -15 -93 2 rPlanning Commission Application No. 93004 Mr. Rau's arguments are quite compelling and, given the findings made and the precedent set, I believe a variance must be granted in this case also. The question is to what extent and what conditions regarding screening, buffering and landscaping should be required or accepted. Further review of the site for circulation concerns should be undertaken to determine the minimum encroachment which could be allowed. Perhaps no screen wall needs to be provided unless the greenstrip becomes less than 5' like on the Phillips 66 property along 69th Avenue. The Commission may wish to discuss and review further this aspect of the plan before making any final recommendation on the variance. It should be noted that the zoning ordinance allows the City Council to impose conditions and restrictions in the granting of a variance to insure compliance with the provisions of the zoning ordinance and.with the spirit and intent of the Comprehensive Plan and also to protect adjacent properties. A public hearing has been scheduled and notices have been sent regarding this application. It is recommended that this public hearing on the variance request be held in conjunction with the public hearing for the special use permit under Application No. 93003. Any action to recommend approval of this variance should site the precedent established in granting the variance for Phillips 66 under Planning Commission Application No. 92003 and that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. 7 -15 -93 3 A :k Member Kristen Mann introduced the following resolution and its adoption: move* RESOLUTION NO. 93 -34 RESOLUTION RESCINDING CITY COUNCIL RESOLUTION NO. 92 -267 AND APPROVING PLANNING COMMISSION APPLICATION NO. 92001 AND 2003 SUBMITTED BY PHILLIPS 66 COMPANY WHEREAS, Planning Commission Application No. 92003 was sub s 66 Co matted b P Company y Originall requesting Y Phillips eq sting a variance from Section 35-400 of the Zoning Ordinance at 6901 Brooklyn Boulevard to allow a building ldm set from the Brooklyn Boulevard right -of -way; and g back of 28 feet rather than 50 feet WHEREAS, said application was submitted in conjunction with two other applications also submitted by Phillips 66 Company, Application No. 92001 which involved a request for a special use permit and site and building plan approval and Application No. 92002 which involved a request for preliminary plat approval to transfer a triangular shaped portion of the property to a neighboring parcel of land; and WHEREAS, Application No.'s 92001, 92002, 92003 were all tabled b the City Council, with the ' Y applicants consent, on February 10, 1992 to study possible ordinance amendments and to address redevelopment issues on Brooklyn Boulevard; ard• and WHEREAS, In October, 1992 the applicant revised its site plan under Application No. 92001 by re- arranging the building location and revised its variance proposal under Application No. 92003 by abandoning the building setback variance request and instead requesting a variance from Section 35 -700 of the Zoning Ordinance to allow a greenstrip less than 15' from the Brooklyn Boulevard and 69th Avenue rights -bf- -way; and WHEREAS, after reviewing the revised proposals the City Council on November 23, 1992 adopted Resolution No. 92 -267 which made certain findings and denied the requested variance under Planning Commission Application No. 92003 submitted by Phillips 66 Compan on the basis of those findings; and Y WHEREAS, the City Council has received the Brooklyn Boulevard redevelopment firm of Dahlgren, Shardlow, and Uban, I study which was prepared 'by the consulting nc. DSU which makes certain recommendations that affect the redevelopment of 6901 Brooklyn Boulevard; and } n WHEREAS, the City Council desires to rescind Council Resolution No. 92 -267 and reconsider the grcenstrip variance requcsted under Planning Commission Application lication No PP . RESOLUTION NO. 93 -34 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to rescind City Council Resolution No. 92 -267 and grant site and building plan approval and a special use permit to construct a gas station /convenience store/car wash at 6901 a Brooklyn Boulevard subject to the following conditions: 1. The recommendations contained in the Brooklyn Boulevard redevelopment study prepared by DSU give cause for the reconsideration of the greenstrip variance comprehended under Planning Commission Application No. 92003. 2. The City Council fords that the standards for variance contained in Section 35- 240, subdivision 2 of the Zoning Ordinance are met in that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that they Would not be able to develop the property in a reasonable manner. 3. The granting of the variance is conditional on the applicant providing the following: a) An 8' high brick wall along the west property line; and b) A brick exterior to the proposed building and car wash; and C) A brick wall along g Brooklyn Boulevard matching the brick of the building and the wall along the west property line; and d) The three (3) parking spaces - located in the southeast corner of the property be treated as proof of parking and further that the same area be included in the landscape plans submitted for the site; and e) A corner landscape node be created to include seating for pedestrians; and f) All building materials and landscape plans to be used in compliance with the terms and conditions of the variance be approved by the Director of Community Development 4. Building plans are subject to review and approval by the Buildinb Official with respect to applicable codes prior to the issuance of permits. 5. Grading, drainage, utility and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits. y RESOLUTION NO. 93 - 34 i 6. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuan of permits to assure completion of approved site improvements. ce 7. Any outside trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 8. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 9. An underground irrigation system shall be installed in all landscaped areas to facilitate site maintenance. 10. Plan approval is exclusive of all si ne which g hich is subject City Ordinances. �' 1 ct to Chapter 34 of the 11. B612 curb and gutter shall be provided around all parking and driving areas. 12. The applicant shall submit an as -built survey of the utility service lines, prior to release of the performance guarantee. 13. and g ee. 13. The property owner shall enter into an Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems, prior to the issuance of permits. 14. The special use permit is granted to Phillips 66 Company for a gas station /convenience store /car wash at 6901 Brooklyn Boulevard as contained in the plans submitted. Any expansion or alteration of the use shall require an amendment to this special use permit. 15. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 16. The replat of the property containing he dedication cation of 18 of right-of-way along final approval 69th Avenue North shall receive g y a l andb c filed iled at the County prior t the issuance of permits. P RESOLUTION NO. 93 -34 t 17. The plans shall be modified prior to the issuance of building permits to indicate: a• A connection of the two trench drains adjacent to the car wash to the storm sewer system. b• The canopy shall have no illumination band on the sides. C. The triangle of land to be transferred to the neighboring property to the north shall not be fenced into the Phillips 66 site, though it must be landscaped and maintained by Phillips until a new owner is present. r^— March 8, 1993 Date Mayor ATTEST: VU16/7.nlf AA Deputy Clerk The motion for the adopting of the foregoing resolution was duly seconded by member Dave Rosene and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Dave Rosene, Barb KalligYier, and Kristen Mann; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. SSTE DATA• """'� II 6�F1 t13ilsFB n v,u,ry eo.rn..cr,r. +aaam,' 1-M �m ,L nrua[ rw ' Jq Y ■ YipGl \ I(LZ \ ` +^VRP i K am' 1 � 1 I \ rio.... 0 1 �_� —J _ 7 (s • � y / oo h It u+ — — 6gth— AVEWE + P W�CKNMI OV3T.V30N, ^RCHMECT3 .r(lMat I0r .soo ooucoc suiTC soz PHILLIPS 66 COMPANY 1 /7. COWNf, CO. 303-483-202-1 A OM$!pN OF PK (JJp$ pip [Vy p0 /pM 6007! M/rtlT.11[ O,w�ow i 0 >� ^ M0 ° " s 1 pm 0 M PRELIMI SITF p er.i CT 1992 i `�• �'1 + f_«a rr •ar...a r uuA w rw,{ a rw0«.r rauvwro RECEIVED CL,j M00RlM CtM 0�wK1q. 0 f Ir t0 q r , , -F., ,n1, rR 4w1r i W tl�f -w D -4080 r l i CITY OF BROOKLYN CENTER Council Meeting Date 7 4 93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 93005 - Cracker Barrel Old Country Store DEPT. ROYAL: RONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • The applicant requests site and building plan approval to construct a 9,748 s.f. Cracker Barrel Old Country Store Restaurant on a 4.1954 acre site addressed as 1501 James Circle North. The property in question is zoned C -2 and the proposed use (restaurant and gift shop) is a permitted use in that zone. The subject site is bounded on the north by the Park Inn and the north leg of James Circle; on the west by the Olive Garden Restaurant; on the east by Humboldt Avenue and the freeway overpass ramp leading to Highway 100; and on the south by 1 -94. The proposed building will house a 176 seat restaurant with accompanying kitchen and storage areas along with an approximate 1,600 s.f. gift shop. Attached for the Council's. review are minutes and information sheets from that meeting, 'an area map showing the location of the subject site and a site plan. Recommendation The Planning Commission recommended approval of this application subject to the conditions and considerations listed on pages 6, 7 and 8 of the July 15, 1993 Planning Commission minutes. PLANNING COMMISSION INFORMATION SHEET Application No: 93005 Applicant: Cracker Barrel Old Country Store Location: 1501 James Circle North Request: Site and Building Plan Approval The applicant requests site and building plan approval to construct - a 9,748 s.f. Cracker Barrel Old Country Store Restaurant on a 4.1954 acre site addressed as 1501 James Circle North. The property in question is zoned C -2 and the proposed use (restaurant and gift shop) is a permitted use in that zone. The subject site is bounded on the north by the Park Inn and the north leg of James Circle; on the west by the Olive Garden Restaurant; on the east by Humboldt Avenue and the freeway overpass ramp leading to Highway 100; and on the south by I -94. The proposed building will house a 176 seat restaurant with accompanying kitchen and storage areas along with an approximate 1,600 s.f. gift shop. ACCESS/PARKING The plan calls for the only access to the site from James Circle at the northwest corner of the property. A driveway leads to the main portion of the site with the building located in the approximate center of this irregularly shaped lot. Parking for 198 vehicles surrounds the restaurant which is set back approximately 165' from I -94 and 65' from the north property line. Required parking for this site is based on a combined parking formula for restaurants and retail space. The restaurant parking formula is one space for every two seats plus one space for every two employees on the average maximum shift. The applicant has indicated a maximum of 41 employees. Using this number and the 176 seats would require 109 parking stalls for the restaurant. The 1,600's.f. gift shop would require another 11 parking spaces for a total parking requirement of 120. The applicant, as indicated above, propose 198 parking stalls of which 6 are handicapped, located along the east side of the building and 6 large (extra wide and extra long) RV /Bus spaces to the west of the building. Parking well exceeds the minimum requirements of the ordinance. Parking areas are delineated by large landscaped islands. Access to the main entrance (south side) is via various walkways along the east, west and south sides of the building leading to a covered porch. The building is handicapped accessible. GRADING /DRAINAGE /UTILITIES B618 curb and gutter is indicated around all driving and parking areas. Drainage from the site will be conveyed via storm sewer from various catch basins on the site to an existing storm water pond located westerly of this site before being discharged into the City's storm sewer. The Commission's attention is directed to a July 1, 1993 memo from City Engineer Mark Maloney regarding his analysis of the drainage and utility plan submitted. The area around and including this site was part of the Richardson Park 7 -15 -93 1 Planning Commission Application No. 93005 subdivision which included review and, approval of a water retention plan containing a pond that was approved by the West Mississippi Watershed Management Commission. The City Engineer notes that the drainage plan proposed is consistent with the original plan for the area and, therefore, no further Watershed Commission review is required. He also notes the maintenance responsibilities for the - pond and. indicates that the Cracker Barrel proposal does not exceed the allowable sanitary sewer flow projections for this site. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 4+ acre site requires 280 points. The plan provides for 292 landscape points and calls for 14 shade trees (7 Sugar Maple and 7 Marshall's Seedless Green Ash) 5 of which are located to the front of building at various locations, one each at the northwest and northeast corners of the building with the remaining seven located to the east of the building, mostly on parking island areas. It should be noted that the planning schedule calls for 7 Sugar Maples and 7 Green Ash while the plan shows 5 Sugar Maples and 9 Green Ash. The 7 and 7 balance would be better and a minor amendment to the plan should reflect this. The entrance from James Circle is lined on both sides with 10 Radiant Crabs. Three additional Radiant Crabs are located on landscape island areas; 4 River Birch are proposed, 2 each at the southeast and southwest corners of the building and 13 White Spruce, 8 together along the north property line and 5 together along the east property line are also proposed. Shrubs include Crimson Pygmy Barberry, Yellow -twig Dogwood, Aztec Gold Daylily, Variegated Hydrangea, Scandia Juniper, Japanese Yew and Periwinkle and are mixed in various locations in planting areas around the exterior of the building. Sod is indicated around the site and on the landscape island delineaters. Underground irrigation is required, and noted, for all landscaped areas. BUILDING The building exterior is a rough sawn wood siding containing 1 x 3" rough sawn battens, 16" on center around the entire building. The applicant indicates their exterior is a trademark. Perhaps the most notable feature of the building is the front porch and windows which extend all along the front (south) elevation. Chairs and cracker barrels will be included on the front porch area. The roof line is at the same general height around all four sides of the building with a parapet that serves as screening for rooftop mechanical equipment. A concrete block chimney covered with the same rough sawn wood treatment as the building exterior will be visible above the roof line. Also, there is a 4' high projection above the roof line on both the front and rear walls. We have discussed with the applicants, and they understand, the implications of having a sign in the area of the projection above the roof line which would make such a sign a roof sign and could 7 -15 -93 2 Planning Commission Application No. 93005 then only be allowed in lieu of a free standing sign. If a sign is kept below the height of the parapet it can be considered a type of wall sign. LIGHTING /TRASH The plans call for 15' high decorative holophane luminaries at various locations on the site. Our main concern is that they not cause glare off the site, particularly on I -94. The trash enclosure is approximately 10' x 37' and is located to the north of the building. It will be made up of 8' high concrete block walls with rough sawn wood siding and 1 x 3 batten strips on the exterior._ They propose a chain link fence gate with metal slats. We would recommend a wood gate rather than a chain link for proper trash screening. RECOMMENDATION All together the plans appear to be in order. Approval is recommended subject to at least the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject review and approval by the City Engineer prior to the issuance of permits. 3. A site performance agreement in supporting and financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to the issuance of permits to assure completion of approved site improvements. 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 site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 7 -15 -93 3 Planning Commission Application No. 93005 8. A minimum of 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 the release of the performance guarantee. 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuance of permits. 11. The plans shall be modified prior to the issuance of building permits to include the following: a) Modification to the landscape plan indicating the location of 7 Sugar Maples. b) Modification to the trash enclosure detail to indicate a wood opaque gate as opposed to a chain link gate with metal slats for screening purposes. 7 -15 -93 4 ACTION REnMMENDINC APPRO AL OF A2PLICATIQ N NO 93 (RANDY RAW Motion by Commissioner Willson and seconded by Commissioner Hilstrom to recommend approval of Application No. 93006 submitted by Randy Rau, based on a precedent established in granting the variance for Phillips 66 under Planning Commission Application No. 92003 and that the site is an irregularly shaped parcel and to deny the variance would create a hardship to the applicant in that he would not be able to develop the property in a reasonable manner. Voting in favor: Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Reem and Wilson. The mop on passed. The meeting recessed at 9:20 p.m, and reconvened at 9:30 p.m. APPLICA ION ISO 93005 (CRACKER BAKREL aLD COUNTRY STORE) Chairperson Sander introduced Application No. 93005, request for site and building plan approval to construct a 9,848 square foot restaurant/gift shop at 1501 James Circle North. The Secretary reviewed the contents of the staff report (see Planning Commission Tnformation Sheet for Application No. 93005 attached). Chairperson Sander asked when the facility plans to open. Commissioner Willson requested further information re i fire and safe eq uip ment s inct the he location b a regardin access to cat 8 g y safety site is accessed by only one entrance (James Circle) and expressed concern regarding access to the fire hydrants in the parking area The Secretary noted the locations of the fire hydrants would be determined by the Fire Chief. He stated the Fire Department is prepared and accustomed to finding alternative access to sites. Commissioner Recm asked whether the ponding area near the Olive Garden will remain. The Secretary explained it was designed as a retention pond with anticipated projected development in the Richardson Park area. The runoff from the Cracker Barrel site will drain to. that pond prior to flowing into the storm sewer. The Secretary explained the approval process noting a public hearing is not required for this application. Mr. Les Taylor, real estate manager, Cracker Barrel, stated the Secretary described the proposal adequately and indicated he and Mr. Bill Snodgrass, construction munal er, were re ared to answer the Commissioners' questions. prepared 9 Commissioners Johnson and Recm spoke highly of the restaurant and its atmosphere having personal knowledge of those located elsewhere. The Cracker Barrel representatives described the origin of the family type restaurant and noted this will be the first location in the Twin Cities area. Breakfast, lunch and dinner will be served 6 a.m. -10 p.m. daily with Friday and Saturday service to 11 p.m. 7 -15 -93 6 Mr. Taylor stated the company is developing a variation of it's theme and signage to comply with the City's signage specifications. Commissioner Holmes requested clarification of the lighting on the site. The construction manager described the lights as 175 watt low - glare sodium luminaries located at 12' to 15' - ward positioned securi sp lig hts. t location of three down ty g expl ained he loco high pales. He xp arced P A free- standing sign will be located near the, freeway and a directional sign at James Circle. The construction manager reviewed the construction schedule and indicated opening of the restaurant is planned for January - February 1994. ACTION RECOMMENDIhtG APPRQVAL OF APPLICATIO NO, 93005 (eRACIfER BARREL OLD COH RY STORE) Motion by Commissioner Hilstrom and seconded by Commissioner Johnson to recommend approval of Application No. 93005 submitted by Cracker Barrel Old County Store, subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to thee issuance of permits. 2. Gradin g � . draina and utili ty ! are p lans subject to review and approval by the City 7 Engineer prior to the issuance of permits. 3. A site performance agreement and supporting and financial guarantee (in an amount to be determined by the city Manager) shall be submitted prior to the issuance of Permits to assure completion of approved site improvements. 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 site muintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City ordinances. 8. A minimum of 8612 curb and gutter shall be provided around all parking and driving areas. 9. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to the release of the performance gudrantcc. 7 -15 -93 7 10. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems, prior to the issuaucc of permits. 11_ The plans shall be modified prior to the issuance of building permits to include the following: a) Modification to the landscape plan indicating the location of 7 Sugar Maple. b) Modification to the trash enclosure detail to indicate a wood opaque gate as opposed to a chain link gate with metal slats for screening purposes. Voting in favor: Chairperson Sanders, Commissioners Hilstrom, Holmes, Johnson, Reem, and Willson. The motion passed. AP PLIGATION NO. 93046 (HILLS GILBERTSON ARMITECTS, INC.) Chairperson Sander introduced Application No. 93006, request for site and building plan and special use permit approval to construct a 3,048 square foot addition to the existing Salvation Army office building at 2300 Freeway Boulevard. The Secretary reviewed the contents of the staff report (see Planning Commission Information Sheet for Application No. 93006 attached). Chairperson Sander stated the proposed landscaping appears to be concentrated in one area primarily around the proposed addition and suggested the applicant provide a better distribution of the proposed additional greenery to include the entire site. The Secretary desenbcd the type and locations of the proposed landscaping. C'.nmmissioner Reem suggested the 6" spruce tree scheduled for removal be relocated to another part of the site. She asked what types of goods would be delivered to the receiving dock. The Secretary stated office supplies would - be delivered and clarified that this Salvation Army location is not a distribution point and no semitruck/trailers would be entering the area. He verified that the building complies with the ordinance in terms of its distance from Shingle Greek and noted the proposed layout of the building addition and revisions to the parking lot and storm drain system will not require approval by the Watershed District. Mr. Tire O'Brien, Project Architect, representing Hills Gilbertson Architects, Inc., stated the Commissioners' comments regarding the landscaping are appropriate and indicated the plan for landscaping will be reexamined taking the entire property into consideration. He stated the 6" spruce tree will be relocated as suggested, 7 -15 -93 S 1.1111111111 1!11 // �1 ►� .C ::� �'► �• ♦' ► - am .. �� �• �� �� �a �■� �� �r _ _ �� � = 11 1111111111 111 r �� .� �� •m - . 11 • 111 '�� �� �,!� �i� am ft IN am 11111 ►�:� " i �:.,,, , �. •:.�r , i� 11 X11 1111 '� _' ' 1 =, � • : � ' � 11 111111 ♦ �.r. ��: -' � 11 1■ 1 11111 /1 �► �_' ` � c� . s 111 ' t 11 1111 111 1�� 111 1�1� :, , - ����.,, �' ' � -�- • � ■ Zej IN Ax. W ININ ll ME M. 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Zo,t 787' _— Tal MEN 1102 1 a FA .1 ICA �s �' '� r:�wr. 1 as CITY OF BROOKLYN CENTER Council Meeting Date 9 3 Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Planning Commission Application No. 93006 - Hills Gilbertson Architects, Inc. on behalf of The Salvation Army DEPT. APPROVAL: 15�� �, RONALD A. WARREN, PLANNING AND ZONING SPECIALIST 4 MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The applicant is seeking ite and buildi Ian ap and an amendment to it's special 9 9 P PP P • use permit to construct a 3,048 s.f. office addition to the existing Salvation Army building located at 2300 Freeway Boulevard. The property under consideration is located in the 1 -1 zoning district and is bounded on the west by the Schmitt Music site; on the north and east by Shingle Creek Parkway; and on the south by Freeway Boulevard. The Salvation Army use of the property is an office use allowed in the Industrial Park Zone through the issuance of a special use permit. The special use was originally granted to the Salvation Army in 1983 when they converted the former Swenson's Carriage House Furniture Store to their office operation. The proposed addition is to the rear, or north side, of the building and is somewhat triangular in shape. It will provide new office area to accommodate existing staff members and a small receiving and storage area. Attached for the Council's review are minutes and information sheets from that meeting, an area map showing the location of the subject site and site plans. A public hearing was held by the Planning Commission for the Special Use Permit. Notice of the Council's consideration have also been sent out. Recommendation The Planning Commission recommended approval of this application subject to the PP PP 1 conditions and considerations listed on pages 9 and 10 of the July 15, 1993 Planning Commission minutes. PLANNING COMMISSION INFORMATION SHEET Application No: 93006 Applicant: Hills Gilbertson Architects, Inc., on behalf of The Salvation Army Location: 2300 Freeway Boulevard Request: Special Use Permit /Site and Building Plan Approval The applicant is seeking site and building plan approval and an amendment to it's special use permit to construct a 3,048 s.f. office addition to the existing Salvation Army building located at 2300 Freeway Boulevard. The property under consideration is located in the I -1 zoning district and is bounded on the west by the Schmitt Music site; on the north and east by Shingle Creek Parkway; and on the south by Freeway Boulevard. The Salvation Army use of the property is an office use allowed in the Industrial Park Zone through the issuance of a special use permit. The special use was originally granted to the Salvation Army in 1983 when they converted the former Swenson's Carriage House Furniture Store to their office operation. The proposed addition is to the rear, or north side, of the building and is somewhat triangular in shape. It will provide new office area to accommodate existing staff members and a small receiving and storage area. Access /Parking No access or parking changes are proposed by the applicant, even though the office expansion will increase the number of required parking stalls for the site. Currently the site has 53 parking spaces, including 3 handicap spaces. The existing 15,000 s.f. building requires 75 parking spaces under the Zoning Ordinance office parking formula of 1 space for every 200 s.f. of gross floor area. An additional 3,048 s.f. of office space requires 15 more parking spaces for a total parking requirement of 90 stalls. The Salvation Army has operated under a Proof -of- Parking Agreement and plan that shows they could provide more than enough parking to meet the minimum requirements of the ordinance. This Proof -of- Parking plan was approved along with their original special.use permit. The Salvation Army believes the existing 53 parking spaces is more than enough to accommodate their everyday needs for on -site parking and they are requesting not to be required to install additional parking at this time. Instead, they have provided a revised Proof - of- Parking plan showing that they can provide at least 90 parking stalls meeting the size and location limitations of the Zoning Ordinance and will enter into an agreement to install up to 90 parking spaces upon a determination by the City that any or all of the spaces are needed. Based upon our observation of the site, the 53 parking spaces appear to be more than adequate to meet the current parking demand. If no new staff members are added, or even if a few new staff 7 -15 -93 1 Planning Commission Application No. 93006 members are added due to the expansion, it appears that the existing parking will be adequate. In any event, there is space on the site to accommodate all of the required parking spaces should it be necessary. We would, therefore, recommend acceptance of this Proof -of- Parking arrangement. Grading /Drainage /Utilities The plans indicate no significant changes in this area. A relocated catch basin and a new storm sewer line leading into the existing retention pond are proposed for the area north of the new addition. Existing black top will be removed to make way for the addition and curb and gutter will required around the new driving areas. Attached is a copy of a July 1, 1993 memo from City Engineer, Mark Maloney regarding his review of the Grading, Drainage and Utility Plan. He notes the function of the existing detention basin will not be affected. The revisions to the parking lot and storm drainage system are minor and will not require additional review and /or approval by the Shingle Creek Water Shed Commission. Landscaping The applicant has submitted a landscape plan analysis based on our landscape point system. The 1.8 acre Salvation Army site is required to have 180 landscape points. Existing landscaping amounts to 138.5 points. One 6 spruce tree will be removed due to the proposed building addition, leaving the site with 132.5 landscape points. The applicant proposes to add two 2.5" Marshall's Ash trees, one along the east side of the new addition and the other east of the existing building. In addition, they propose 26 Dogwoods and 35 Potentilla as foundation plantings around the new addition. This will increase the landscape points for this site to 189. The landscape plan is, therefore, adequate. Building The exterior treatment to the building addition will be a face brick to match the existing brick. A review of the building elevations show doors and windows at various locations as well as an overhead door along the west side of the addition to accommodate the small receiving and storage area. The trash enclosure will be relocated to the northwest corner of the existing building. There is a public hearing scheduled for the special use permit and notices have been sent. It appears that this proposal is consistent with the Standards for Special Use Permits contained in Section 35 -220, Subdivision 2 of the zoning ordinance, attached. Recommendation The plans submitted for the Salvation Army addition are in order 7 -15 -93 2 Planning Commission Application No. 93006 and approval of this application is recommended subject to the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2 Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits. 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 on -site trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipted 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. The underground irrigation system shall be extended to new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all new parking and driving areas. 9. The applicant shall enter into a revised Proof -of- Parking agreement acknowledging that they will install up to 90 parking spaces on the site upon determination by the City that any or all of these parking stalls are required. 10. The Special Use Permit granted to the Salvation Army in 1983 for an office use in the I -1 Zoning District is amended to acknowledge the expansion of this office area. Any modifications to the use of this property that is inconsistent with the granting of this amended special use is prohibited. 7 -15 -93 3 PUBLIC HEARING JAPPLICATION NO 930061 Chairperson Sanders opened the public hearing on the request for site and building plan and special use permit approval to construct a 3,045 square foot addition to the existing Salvation Army office building at 2300 Freeway Boulevard at 10:35 p.m. She inquired if there was anyone present who wished to address the Commission, no one appeared to speak, and she entertained a motion to close the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Holmes and seconded by Commissioner Hilstrom to close the public hearing at 10:35 pm. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION NO 93006 (HILLS C� ILBE TSON ARCHITECT_ S INC. Motion by Commissioner Johnson and seconded by Commissioner HoLncs to recommend i Idills Gilbertson Architects Inc., subject Application N .9300 submitted b � to J approval of hca o 6 s Y Pp PF the following conditions: 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to the issuance of permits, 3. A site Performance Agreement and sup financial guarantee (in an amount td g pP g be determined by the City Manager) shall be submitted prior to thr. issuance of permits. 4. Any on - site trash disposal facilities and rooftop mechanical equipment shall be appropriately screened from view. 5. The building addition is to be equipped with an automatic fire extinguishing system to meet with NFPA standards and shall be connected to a central moni Luring dcvicc in accordance with Chapter 34 of the City Ordinances. 6. The underground irrigation system shall be extended to new landscaped areas to facilitate site maintenance. 7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 8. B612 curb and gutter shall be provided around all new parking and driving areas. 9. The applicant shall enter into a revised Proof -of- Parking agreement acknowledging that they will install up to 90 parking spaces on the site upon determina by the City that any or all of these parking stalls are required. 7 -15 -93 9 10. The Special Use Permit granted to the Salvation Army in 1983 for an office use in the 1 -1 Zoning District is amended to acknowledge the expansion of this office area. Any modifications to the use of this property that is inconsistent with the granting of this amended special use is prohibited. 11. The 6" spruce tree to be removed due to the addition shall be relocated and the proposed landscaping surrounding the addition shall be re- arranged taking into consideration the entire site and existing building. Voting in favor: Chairperson Sander, Commissioners Hilstrom, Holmes, Johnson, Reem and Willson. The motion passed. OTHER BUSINESS The Secretary requested the Commission to consider a plan for a Wendy's restaurant as an agenda item for the next study ses on. The Commission concurred with the recommendation. Commissioner Reem commented on the locations of vacant buildings in the City and inquired whether there is an organized group responsible for approaching bushiesses to relocate into Brooklyn Center. The Secretary stated that function is performed by the City's Economic Development Coordinator and the Economic Development Committee of the Chamber of Commerce. He briefly reviewed the names of companies currently considering moving to various vacant buildings. In response to Commissioner Reem's question, the Secretary suggested Commissioners and/or residents may contact any member of the City staff or the Chamber of Commerce for further information. In addition, he indicated potential businesses are strongly influenced by the personal contacts made by residents with suggestions or requests for specific services and urged the Commissioners to do so. ADJOURNMENT Motion by Commissioner Hilstrom seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10,47 p.m. Chairperson Recorded and transcribed by: Arlene H. 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'jl EXTERIOR ELEVATIONS � 807.18 ye • r f•o' X61 -slb �-M�1- CITY OF BROOKLYN CENTER Council Meeting Date 7/26/93 Agenda Itcm Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 27 OF THE CITY ORDINANCES REGARDING ON- STREET SOLICITING AND VENDING BY CATERING FOOD VEHICLES DEPT. APPROVAL: 3 �xmut�� Sharon Knutson, Deputy City Clerk MANAGER S REVIEW/RECOMmENDATION. No comments to supplement this report Comments below /attached SUNS WRY EXPLANATION: (supplemental sheets attached ) With the elimination of the health department in December 1992, the City no longer licenses catering food vehicles. However, the Minnesota Department of Agriculture regulates all catering food vehicles in the State. The attached ordinance amendment is basically a housekeeping effort to update and incorporate the State's regulations relating to catering food vehicles, such as ice cream trucks. The City also requires other safety requirements the State does not regulate, such as hours of operation, routes minimizing hazard to persons, one additional person on board the vehicle, and certain regulations pertaining to noise. Another area of housekeeping is insurance requirements. John Simacek, Vice President of American Risk Services, Inc., has prepared phraseology for insurance requirements, and this phraseology has been incorporated into the ordinance amendment. RECOMMENDED CITY COUNCIL ACTION Consider ordinance amendment and pass for a first reading, and set a future council meeting date for a public hearing. • Northwest Business Campus 3033 Campus Drive. Suite A418 American Risk Services, Inc. Minneapolis, MN 5 544 1 -2667 Tel: (612) 559-7300 Fax: (612) 559-7640 June 21, 1993 Ms. Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Licensing Requirements - Insurance On Street Soliciting and Vending by Catering Food Vehicles Dear Sharon: I am enclosing my recommendation for Section 27 -202 of Chapter 27 - Traffic Ordinance. Please note that I have included Commercial General Liability in the insurance requirements. The automobile policy applies only to liability arising out of the movement of the vehicle of entering and alighting from the vehicle. Accordingly, I feel there should be some coverage for liability arising out of the operations from the vehicle or products being vended from the vehicle, hence, the requirement for Commercial General Liability coverages. The current requirements only stipulated that the names of the insurer and the persons insured are to be filed with the City before the operation commences. Accordingly, the City is vulnerable in that the policy could be canceled or non renewed with no information to that effect. I am requesting that the insurance industry standard Certificate of Insurance be filed with the City, naming the City as the Certificate holder and requires 30 days prior written notice in the event of any cancellation or nonrenewal. In the event the City adopts this phraseology I will furnish the City with a specimen copy of the Certificate of Insurance that can be given with the license requirements to the applicant. The City's personnel will merely have to match the Certificate with the specimen to be sure that applicant is complying with all the requirements. Finally, I am requiring that the insurance company used have a Certificate of Authorization (be licensed by) the State of Minnesota so that the state's insolvency rule should apply. I hope this information is self explanatory. Please advise if the suggested phraseology is accepted so that I may furnish the necessary sample Certificate of Insurance. ? Y, Simacek sident JRS /na Enclosure Risk Management Employee Benefits Consultants ON STREET SOLICITING AND VENDING BY CATERING FOOD VEHICLES Section 27 -202 INSURANCE REQUIREMENTS Every owner or operator shall maintain insurance as follows: A. Automobile Liability Limits of Liability: Combined Single Limits - $500,000 each occurrence or Bodily Injury Liability - $100,000 each person $500,000 each occurrence Property Damage Liability - $100,000 each occurrence B. Commercial General Liability Covering Operations and Products Liability Limits of Liability: Combined Single Limits - $500,000 each occurrence $500,000 aggregate or Bodily Injury Liability - $100,000 each person $500,000 aggregate Property Damage Liability - $ 50,000 each occurrence C. Workers' Compensation Coverage Statutory coverage to comply with section 1776.182 of the Minnesota Statutes. Coverage shall be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the State of Minnesota. Evidence of such insurance will be in the form of a Certificate of Insurance, industry standard ACORD form or similar type form approved by the City. The Certificate shall state that coverage cannot be canceled mid term or not renewed without thirty (30) days prior written notice to the City, any phraseology limiting this requirement shall be stricken. 0 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1993, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 27 of the City Ordinances regarding on- street soliciting and vending by catering food vehicles. 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 27 OF THE CITY ORDINANCES REGARDING ON- STREET SOLICITING AND VENDING BY CATERING FOOD VEHICLES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 27 of the City Ordinances of the P Y City of Brooklyn Center is hereby amended in the following manner: ON- STREET SOLICITING AN VENDING BY CATERING FOOD VEHICLES Section 27 -200. DEFINITIONS. The following terms when used in this ordinance have the meanings ascribed to them: 1. Catering Food Vehicle. Catering food vehicle shall mean any food vehicle used to transport any food from its point of preparation to a point where the food is served from the vehicle to the consumer, or any food vehicle wherein food is prepared for sale or service to the consumer. 2. Food. Food shall mean any raw, cooked, or Processed substance, beverage, water, ice, or other ingredient used or intended for use in whole or in part for human consumption. 3. Food Establishment. Food Establishment shall mean any building, room stand enclosure vehicle space, area, or other place where food is stored Prepared, manufactured, processed wrapped canned packed, bottled, transported, distributed, sold or offered for sale or served in any way with or without charge, except private homes. 4. Food Vehicle. Food Vehicle shall mean any food establishment consisting of a mobile vehicle which hauls any food for the purpose of delivery or sale. Section 27- 20[0]1. APPLICATION. No owner or operator of any catering food vehicle [as defined in Chapter 8 of the City Ordinances] which is used for on- street soliciting for the sale of or vending of confections or other goods directly from such vehicle shall engage in the activity of on- street soliciting, dispensing, or vending unless the provisions of this ordinance are met and such catering food vehicle complies with the requirements as set forth by the Minnesota Department of Agriculture This ordinance shall not apply to persons using vehicles for the delivery of goods or services directly to homes or establishments where the oods are taken b t g y he operator of the vehicle onto private property for delivery, nor shall it apply to the operation of PP Y p any political subdivision or unit of government. Section 27- 20[1]2. HOURS AND ROUTES. No person operating nder the provisions g p ns of this ordinance shall carry on the activity of on- street soliciting or vending operations except between the hours urs of 1 p.m. [through 5 p.m. and 6:30 p.m.] through 9:30 p.m. [At least 10 days prior to commencing his operation, a vendor shall file with the chief of police a proposed route or routes over which the vehicle or vehicles will travel each day within the City. The vendor shall follow such route while operating within the City. Proposed route changes shall be filed with the chief of police 10 days prior to making any such changes. Only such routes shall be approved] A vendor shall follow such routes as will minimize the hazard to the persons who may be customers of such vehicles and which will minimize traffic difficulties which may arise out of such operations. Section 27- 20[2]3. INSURANCE AND SAFETY REQUIREMENTS. Every owner or operator shall maintain [liability] insurance [in the amount of at least $100,000 for single injuries and $200,000 for each accident, together with at least $10,000 for property insurance. The names of the insurer and the persons insured must be filed with the City before operation commences.] as follows: 1. Automobile Liability - Limits of Liability: a. Combined Single Limits - $500,000 each occurrences or b. Bodily Injury Liability - $100,000 each person, $500,000 each occurrence; and c. Property Damage Liability - $100,000 each occurrence. 2. Commercial General Liability Covering Operations and Products Liability - Limits of Liability: a. Combined Single Limits - $100,000 each occurrence, $500,000 aggregate; or b. Bodily Injury Liability - $100,000 each person, $500,000 aggregate; and c. Property Damage Liability - $50,000 each occurrence. 3. Workers' Compensation Coverage a. Statutory coverage to comply with section 1776.182 of the Minnesota Statutes. Coverage shall be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the State of Minnesota. Evidence of such insurance will be in the form of a Certificate of Insurance, industry standard ACORD form or similar type form approved by the City. The Certificate shall state that coverage cannot be canceled mid term or not renewed without thirty (30J days prior written notice to the City, any phraseology limiting this requirement shall be stricken Catering [F]food vehicles must be parked at the street curb while engaging in vending operations and vending shall be done only from the curb side of the vehicle. Each catering food vehicle must be equipped with flashing lights on both front and rear of the vehicle, clearly visible to oncoming automobiles in full daylight. No owner or operator of any catering food vehicle shall call attention to his business or to his goods wares, or merchandise by crying them out, by blowing a horn or by any loud or unusual noise Every catering food vehicle while carrying on a vending operation shall be attended by at least two adult persons, one of whom shall have the following specific duties: For the full period during which such catering food vehicle is stopped for vending or stopped in such a manner or place as to reasonably cause others to believe that it is proposing to engage in vending operations, said person shall stand alongside said catering food vehicle in such a manner as to be able to observe traffic coming from all directions and to observe children crossing the street in the immediate vicinity of said catering food vehicle. Such person shall give adequate warning to oncoming vehicles and to children so as to avoid accident or injury to said children. Section 27- 20[3]4. PENALTIES. [Whoever does any act or omits to do any act which constitutes a breach] Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof [by lawful authority], shall be punished by a fine of not more than [to exceed] seven hundred dollars ($700) and [or] imprisonment for not [to exceed] more than ninety (90) days or both, together with the costs of prosecution. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date July 26, 1993 Agenda Item Numba REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROPOSED AMENDMENT TO SIGN ORDINANCE CHAPTER 34 -140 ALLOWING FREESTANDING SIGNS FOR APARTMENT COMPLEXES WITH 36 UNITS OR MORE DEPT. APPROVAL: Brad Hoffman, Director of Community Development MANAGER'S REVIEWlRECOMINIENDATION: ' No comments to supplement this report Comments below /attached SU DIARY EXPLANATION: (supplemental sheets attached ) • On Monday evening, I would like to ask the Council to consider an amendment to the City's sign ordinance; specifically, 34- 140C(3). Currently, apartment complexes (R3 -R7) may have a 36 square foot freestanding sign if there are three or more buildings and 36 units or more. Northlyn Apartments (65th and Humboldt) are requesting a change in the ordinance. They note that most other complexes in the area have freestanding signs. As an example, Hi Crest Apartments have a freestanding sign. While Hi Crest has four buildings, there are only 54 units. Northlyn has 102 units and in essence is a much larger complex. Also, staff noted that Brookdale Towers (2 buildings and 50 units) has erected a freestanding sign. At the time of this writing I do not know whether the sign was erected without a permit or was changed over the years from an original legal sign to its current status. I believe the request is reasonable since it seems that the intent of the ordinance was to limit such signs to complexes of a certain magnitude. If the Council is so inclined, the ordinance could be amended to drop the requirement for a number of buildings and just retain a minimum number of units. The following is a proposed amendment to the ordinance: Cluster developments or complexes in R3 through R7 districts involving three or nt er-e b uildings not less than 36 dwelling units shall be entitled to one of the • following options at each major entrance not to exceed a total of two entrances: RECOMMENDED CITY COUNCIL ACTION: Refer the proposed ordinance amendment to the Planning Commission for review and comment prior to a first reading. CITY OF BROOKLYN CENTER Council Meeting Date July 26, 1993 Agenda Item Number //b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROPOSED AMENDMENT TO THE AMUSEMENT DEVICE LICENSING REQUIREMENTS DEPT. APPROVAL: Brad Hoffman, Director �of Development MANAGER'S REVIEW/RECONMMNDATION: M �- No comments to supplement this report Comments below /attached SU M[ARY EXPLANATION: (supplemental sheets attached )Les • At the May 24, 1993 Council meeting, staff was directed to develop a proposed amendment to Section 23- 2109(B) of the City's ordinance which regulates amusement devices in commercial areas. Attached is a letter from the City Attorney which suggests a number of modifications to the language provided by Duds 'n Suds (Krass & Monroe letter dated June 3, 1993). In essence, the proposed ordinance amendment would allow up to four amusement devices (originally requested two) in a laundromat. Such devices could be used only by laundromat patrons or their children and would operate only on tokens obtained from an on duty attendant. The City Attorney has also suggested a sunset clause and a capital investment clause, as well as several other clarifications. Monday evening I will be available to discuss this issue. Also, representatives of Duds 'n Suds will be available. RECOMMENDED CITY COUNCIL ACTION: Direct staff as to Council's desire. If the Council wants to proceed, direct staff to prepare the • ordinance amendment language for a first reading. HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEvRE, IR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL OBERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET ONALD H. BATTY BARBARA L. PORTWOOD STEPHEN 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. HOLMES WRITER'S DIRECT DIAL DAVID L GRAVFIV (192v 1s91) DAVID J. KENNEDY _ JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW 337 -9215 ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON June 21, 1993 Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Duds'n Suds Amusement Device License Dear Brad: The city council has directed that staff prepare an ordinance amendment for its consideration which would allow, on a temporary basis at least, the operation of amusement devices at the Duds'n Suds laundromat. The attorney for Duds'n Suds has suggested language which would accomplish their purposes. This language is stated in the letter from Mr. Phillip Krass of June 3, 1993. The language seems appropriate to me. However, one of the conditions in the language is that the amusement devices are used exclusively by laundromat patrons. It may be advisable to change this to use "exclusively by laundromat patrons and children accompanied by patrons, ". Additionally, the language proposed by Mr. Krass does not sunset after one year as suggested by the council. To accomplish this objective, one approach would be to add the following language at the end of the new paragraph 10: Uses allowed pursuant to this paragraph 10 are interim uses and shall terminate automatically on , 19_ unless this ordinance is earlier reenacted. Any applicant for a license issued pursuant to this paragraph shall acknowledge in writing that the applicant understands and agrees that issuance of a license by the city and installation, maintenance or operation of amusement devices by the applicant will created no vested rights to continue such use and that the applicant is installing, maintaining and operating such amusement devices solely at its own risk with the full understanding that this ordinance may not be reenacted and that applicant will be required to remove such amusement devices at the end of the licensed term at its sole cost and expense. This approach is the minimal approach to take care of the situation of Duds'n Suds. The council may wish to consider a somewhat more comprehensive approach. Amusement devices may be located in any one of the listed kinds of retail facilities. CLL54747 BR291-4 Brad Hoffman June 21, 1993 Page 2 In general, these facilities tend to have certain characteristics which prevent them from becoming hang outs for unaccompanied children and therefore a nuisance to the neighborhood. The council may wish to add a general category of uses with these characteristics so that it is not necessary to add a new paragraph for each type of retail business which requests to be allowed to operate amusement devices. For example, the list could be expanded to include other retail operations, not including eating establishments, which meet the following requirements: 1. Have no more than four amusement devices. 2. Allow use of amusement devices only by patrons of the establishment for its principle use and children accompanied by those patrons. 3. The amusement devices can only be operated by tokens purchased from the primary business. 4. The primary business has a floor area of at least square feet, and a capital investment in furniture, fixtures and equipment of at least 5. The principle business has an attendant on duty at all times whose duties include operation and supervision of the amusement devices. Please let me know if I can be of any further assistance in this matter. Very truly yours, OA�� Charles L. LeFevere CLL : ckr cc: Jerry Splinter Trevor Hampton Ron Warren CLL54747 BR291 -4 I'hillil) K- Brass *x aW offices Orlin 1) Te Slaa I)cnnls L. Monroe Intricia M. AWeller fi_trr K Ve1wr K RASS K; nhr�n 1?. Sheraafd V k J. Atoxncssx F Timolhy F. Moynihan C. Priebe M ON R0E ,lames B. Croft re D. Johnson CPA Richard R. Gibson chartered Ra \t' S. Gemfeld CPA June 3, 1993 Mr. Brad Hoffman Community Development Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Amusement Devices License for Duds 'n Suds 6824 Humboldt Avenue North Our File No. 7986 -12 Dear Mr. Hoffman: We have taken a look at what might work as a minor change to Section 23 of the Brooklyn Center Code to accommodate the use of a few amusement devices in a Duds 'n Suds facility in your city. It appears to us that the simplest method would be to simply add a new Paragraph 10 to Section 23- 2109B, and renumber the present Paragraph 10 as Paragraph 11. The proposed new Paragraph 10 would read as follows: 10. laundromats which are supervised by an on -site employee present in the facility during all hours of operation, where the amusement devices number no more than four, and are for use exclusively by laundromat patrons and not by the public in general. Such amusement devices must be operated by tokens to be purchased from the laundromat. We believe such language would accommodate the use of a few amusement devices by our patrons while making certain that such devices can only be used in a supervised facility by laundromat patrons. This is only a suggestion and we would be happy to discuss other language changes that the city staff feels would accomplish our mutual goal. - �ntlhluiint 0.111cr, Suns 1100 IG50 M 82nd : trm. Iihxnnni;�inn. Vlwi cj i.i Ia 1 1 117 Trli;ldionr l(i12) }i1t; 1�' \.A (ti I:?) mij= �Ski+ ' Almlfwfl Civil Roll stwriahst . 4 ,AIwo Nlin n.o •d in W1 ni AIsn - Adnuurd m Gil & llw r V1 Adinowd ni tiAmlh nnluci Mr. Brad Hoffman June 3, 1993 Page -2- After you have had an opportunity to review this, please let us know your thoughts as we would like to get this matter on the city council agenda as quickly as possible. Thank you for your consideration. Very trul or KRASS ��MO E TERED P 1 R. rass torney at Law PRK/mlw cc: Charles LeFevere Mike Dimond Duds 'n Suds \LIT\COR \HOFFMAN1.8 /mlw Phillip K. Krass *t law offices Orlin D. Te Slaa+ Dennis L. Monroc RAS S Patricia M. 1leller Barry K. Meyer Kathryn E. Shemood Mark J. Moxnessx & Timothy F. Moynihan B. Croft. and R. Gibson M ONROE Greg D. Johnson CPA chartered Kaye S. Geistfeld CPA April 1, 1993 Mr. Brad Hoffman Community Development Director City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, :+'D; 55430 Re: Amusement Devices License for Duds 'n Suds 6824 Humboldt Avenue North Our File No. 7986 -12 Dear Mr. Hoffman: I would like to thank both you and Ron Warren for taking the time to meet with us last week to discuss the issue of obtaining an amusement device license for the Duds 'n Suds we have recently opened in Brooklyn Center. A review of Section 23- 2109(B) shows that such a license may be located as a secondary or incidental use in nine commercial establishments in Brooklyn Center, and additionally, in any other retail operation not located within 150 feet of a residential zone. Our facility does appear to lie within 150 feet of a residential zone. As we discussed with you and Mr. Warren, the City's concern is based upon prior negative experiences with "amusement centers" in the same neighborhood center in which we are located. Such facilities apparently turned into a local hang -out creating some serious neighborhood problems. We would like to explore with the City staff and your Mayor and Council some possible solutions that would allow us to upgrade our facility and protect the community from a repetition of prior problems. We are convinced such a solution is possible. 1. To begin with, you should understand that all of our Duds 'n Suds facilities are attended at all times. Not only do our customers expect an attendant to be present, but because we offer snacks and soft drinks for sale, an attendant must be present to handle those sales. 2. Only patrons of our laundry facility are entitled to be or will be allowed to utilize the recreational facilities we provide. The big screen television and any amusement devices you Southrmint. Genwr, Suite I I(N). 1650 West, 82nd Si.rtxx. Bloomington. MinntNaa 55431 -1447 Telephone: (612) 885 -51999 FAX (6 12) 885 -5969 •Cenlfkat Civil'aial Slkxiahst t Alan AdmiWA in Wiaamam x AN) AdmltuA in Cali(ornie +Alan AdmiuM in South Dakar Mr. Brad Hoffman April 1, 1993 Page -2- allow are strictly for the use of those customers utilizing our laundry facilities. We are certainly prepared to have such a limitation placed on any amusement device license. 3. We have no intention of attempting to create an amusement center. If you will stop in at our facility, you will see that there isn't a great deal of room in which to place amusement devices. We are perfectly content to have some reasonable limitation on the number of such devices, as our intention remains only to provide a recreational outlet for the customers of our laundry facility. A possible approach to reaching our mutual goals could be to add an additional numbered sentence to Section 23- 2109(B) authorizing licensing of amusement devices in a laundry facility which has a full -time attendant, serves food, and authorizes only its laundry patrons to utilize those devices. At this point, I think it might be helpful for us to make a short appearance before the City Council, explain our proposal, and have an opportunity to consider any staff or City Council concerns we have not yet addressed. Please consider this letter as a request to be placed on a City Council Agenda. If there is additional information we can provide you prior to our appearance, we would be most happy to do so. Thank you again for your consideration. Yours very truly, KRASS & MONROE CHARTERED • A Phillip Krass Attorney at Law PRK /ph cc: Mr. Mike Dimond MEMORANDUM To: Sharon Knutson, Deputy Clerk From: Ronald A. Warren, Planning d Zoning S ecialis" t '/. C - g g p Date: February 18, 1993 Subject: Amusement Device Operators License You have asked me to comment and make a recommendation on a requested Amusement Device Operators license being sought b David Allen Edelstein to allow amusement usement devices to be operated in a laundromat at the Humboldt Square Shopping Center. Mr. Edelstein had previously sought to obtain an on -sale non - intoxicating liquor license for this establishment but that license request has been denied by the City Council. As you are aware, Section 23 -2101 requires the City to issue a license to operate amusement devices within the City. Pursuant to Section 23 -2109, licensed amusement devices are allowed to be located as secondary or incidental uses in a number of commercial establishments listed in this section of the ordinance or in "amusement centers ", through the issuance of a Special Use Permit by the City Council, provided the property on which to amusement center is to be located is not within 150 feet of any residentially zoned property. Amusement centers are defined as "the operation of one or more amusement devices (except those designed for and used exclusively as rides for children) as a principal or secondary use available for use by non - employees upon commercial premises other than those listed in Section 23 -2109, subdivision B subject to the Special Use Permit requirements of Section 35 -220 of the City ordinances." A review of Section 23 -2109 subdivision B indicates that licensed amusement devices may be located as secondary or incidental uses in the following commercial establishments: 1. Establishments holding an on -sale non - intoxicating liquor license, an on -sale intoxicating liquor license, an on -sale wine license or an on -sale club license. 2. Eating establishments, including eating establishments offering live entertainment, but excluding convenience food restaurants and drive -in eating establishments. 3. Recreation centers. 4. Motion picture theaters. 5. Bowling establishments. 6. Athletic clubs. IS 7. Health spas. Memorandum Amusement Device Operators License 2/18/93 Page 2 of 2 8. Hotels and motels. 9. Club rooms and lodges. 10. Other retail operations provided the property on which the amusement device is to be located is not within 150 feet of any residentially zoned (R -1 through R -') property. The location of an amusement device as a principal or secondary use on any other property is considered an amusement center and can be allowed only if the City Council issues a Special Use Permit and the property on which the amusement center is located is not within 150 feet of any residentially zoned property. The rinci al use on the P P site for which the applicant is seeking the Amusement Device Operators license is a laundromat. A laundromat is not listed i n Section 0 23-2109 - 09 subdivision B 1 through 9. It might be considered an "other retail operation", however, the Humboldt Square e Sho in q Shopping Center abuts all along ts east g property line with R- P P 3 zoned propert Y p p rt and, therefore, the laundromat is not eligible for licensed amusement devices under Section 23 -2109 subdivision B 10. An amusement center is also prohibited from being located in the Humboldt Square Shopping Center because of the R -3 abutment along the east property line. Based upon the above review of the amusement device license provisions, I must conclude that the laundromat located at the Humboldt Square Shopping Center is a type of commercial establishment which is not eligible to have licensed amusement devices available to the general public and, therefore, no Amusement Device Operators license should be issued to David Allen Edelstein for the proposed Humboldt Square Shopping Center location. If you have any questions or comments regarding the above, or need additional information, please contact me. cc: Brad Hoffman, Director of Community Development Section 23 -2108. TRANSFERABILITY. A. One amusement device may be substituted for another similar amusement device under a single license provided that the number of amusement devices shall not exceed the number approved under the license. B. Operator's licenses are issued for one location only and such licenses are nontransferable between locations. Section 23 -2109 LOCATION OF AMUSEMENT DEVICES. A. No amusement device shall be located, placed, maintained or operated on any public street, avenue, boulevard, lane, or alley within the City. No amusement device shall be located on private property in such a manner as to block or interfere with established driving lanes, parking places, fire lanes, exitways or walkways nor shall an amusement device be located so that its operation will create a nuisance. B. Licensed amusement devices shall be allowed to be located as secondary or incidental uses in the following commercial establishments: 1. establishments holding an on -sale nonintoxicating liquor license, an on -sale intoxicating liquor license, an on -sale wine license or an on -sale club license. 2. eating establishments including eating establishments offering live entertainment, but excluding convenience food restaurants and drive -in eating establishments. 3. recreation centers. 4. motion picture theaters. 5. bowling establishments. 6. athletic clubs. 7. health spas. 8. hotels and motels. 9. clubrooms and lodges. 10. other retail operations provided the property on which the amusement device is to be located is not within 150 feet of any residentially zoned (R1 through R7) property. C. Amusement centers shall be subject to the provisions of Section 35 -220 of the City Ordinances provided the property on which the amusement center is to be located is not within 150 feet of any residentially zoned (Rl through R7) property. 23 -2109 D. Licensed amusement devices designed for and used exclusively as rides for children may be located in any place or upon any premises approved by the City Council. Section 23 -2110 USE FOR GAMBLING. It shall be unlawful for the owner of any amusement device, or for the owner or operator of any establishment where it is located, to knowingly permit the same to be used for gambling or for the making of bets or wagers. Section-13-2111. PAYOFFS. It shall be unlawful for the licensee or for the owner or operator of the establishment where any amusement device is located to give any money as a reward or prize for the playing of the amusement device. It shall be unlawful for the licensee or for the owner or operator of the establishment where any amusement device is located to give any token, merchandise or any other thing with a wholesale value of more than $1 as a reward or prize for the playing of the amusement device. Free games maybe awarded for the playing of the amusement device, but not in conjunction with the awarding of any prize, token, or merchandise as defined herein. All free games so registered shall be played on the device registering such free game. There shall be no mechanism on the amusement device whereby the operator can cancel registered free games. Section 23 -2112 AUTOMATIC PAYOFFS. It shall be unlawful for any person to keep, maintain, sell or permit to be operated any amusement device which has been converted into an automatic payoff device which automatically awards any money, or any prizes, tokens, merchandise, gifts or anything with a wholesale value of more than $1 to the player of such amusement device, provided, however, that free games may be awarded, but not in conjunction with such prizes. It shall be unlawful to convert any amusement device into an automatic payoff device. Section 23 -2113 DESTRUCTION OF ILLEGALLY OPERATED MACHINES. Any amusement device knowingly used by the owner in violation of Section 23 -2110, 2111 or 2112 of this ordinance may be seized and destroyed in compliance with the provisions of the Statutes of the State of Minnesota relating to gambling devices. Section 23 -2114 CERTAIN AMUSEMENT DEVICES NOT LICENSED. The licensing provisions of this ordinance shall not apply to any of the following amusement devices: 1. Any amusement device held or kept for sale or storage and which is not actually in use or displayed for use. 2. Any amusement device used for private, noncommercial purposes such as home use. 3. Any amusement device located on commercial or industrial premises in lunch rooms, break rooms, employee cafeterias or recreation rooms which is provided for employees use and not available for use by the general public. is CITY OF BROOKLYN CENTER Council Meeting Date 7/26/93 Agenda Item Number &7 REQUEST REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: SET COUNCIL WORK SESSION FOR AUGUST 2, 1993, TO DISCUSS STAFF REPORT REGARDING PARK AND RIDE SITES AND BROOKLYN BOULEVARD TASK FORCE DEPT. APPROVAL: A A ' 44 Gerald G. Splinter, City-Manager MANAGER'S REVIEW/RECOMNIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION I CITY OF B ENTER council Meetin 7 9 BROOKLYN C ee g Date 26 3 Agenda Item Number 0 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1994 STREET IMPROVEMENT PROGRAM DEPT. APPROVAL: Sy Krde, Director of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes During 1992 -93 a major effort was made to initiate a street improvement program in the southeasterly portion of the City. Despite extensive efforts by the City • Council and staff, that proposal failed to receive substantial support from citizens within the project area, and the official proceedings were terminated by the City Council on May 10, 1993. Based on a review of proceedings regarding that proposal, it is my opinion that it failed because of two primary factors, i.e.. • That area was selected as a focus area for neighborhood revitalization based on findings and recommendations contained in the Maxfield study of "The Brooklyn Center Housing Market ". That study recommended street improvements, not as a end product, but rather as a stimulus or catalyst to overall neighborhood revitalization. Unfortunately, few citizens in that area recognized, or accepted revitalization as a major objective of the proposed improvements. • During the initial phases of developing this proposed program our principal effort focused on the Earle Brown Neighborhood Advisory Committee ( EBNAC) with the hope that recognizing the need for revitalization of the southeast neighborhood, EBNAC would facilitate discussion and communication between "City Hall" and the citizens. Unfortunately, this just didn't happen. Rather, by the time of the public informational meeting and public hearing, many citizens were opposed to the proposed improvements based on hearsay information and the feeling that they had been left out of the process. Whether or not the above is an accurate evaluation of the reasons why the 1993 proposal failed, there is still a strong need for Brooklyn Center to initiate a comprehensive improvement program to maintain, upgrade or reconstruct all streets within the City, using a program which, in the long term will be the most cost - effective. The goal of this report is to suggest a basis for initiating a program of street improvements for construction in 1994. S Proposed Street Improvement Process /Program To assure the best chance for success of a proposed program in 1994, I suggest the following "building blocks" process: Building Block 1 Selection of Candidates for Improvement Discussion: Select a number of streets based on their condition (i.e. - streets which are in poor condition and need complete reconstruction), and /or streets where there has been some indication of public support for improvements. Note While the Pavement Management Program is still in development, and won't be completed until later this year, that program has been developed to the degree that it can be used to identify streets on which the most cost - effective strategy is "complete reconstruction ". Based on evaluations by Public Works staff and by the Pavement Management Program, we submit the listing of streets shown in "Attachment No. 1" for possible inclusion into a 1994 program. Building Block 2 Preliminary Studies of Costs. Benefits. and Financing Discussion: Citizens and the City both have a need -to -know: (1) what the • costs of an improvement are; (2) what benefits would accrue to property owners (and what special assessments would be levied); and (3) the overall financing plan. Until this information is available, it is difficult to discuss a project meaningfully and in an atmosphere of trust with citizens. Recommendations: Once a preliminary listing of candidate streets is approved -by the Council for preliminary study, the following elements will need to be addressed as soon as possible. ✓ preparation of preliminary cost estimates (on a street -by- street basis) this would be completed by City staff and reported to Council. ✓ hire an independent appraiser to conduct an evaluation of benefits to property owners which would result from the proposed improvements. For the determination of benefit, such an evaluation should be conducted on one or two properties on each street (or area) selected. ✓ review of the City's assessment policies, including the proposed "Assessment Stabilization" program - by staff and City Council. Note It is estimated that these steps could be completed within 4 to 6 weeks after authorization is granted by the Council. • Building Block 3 Preliminary Meetings With Property Owners As soon as the preliminary financial information is available, a series of discussion meetings should be held - at least one for each candidate street - to present available information to citizens and obtain their input... • on the question of need for the project, • on questions regarding related improvements (i.e. water mains, sanitary sewers and storm drainage), • on questions regarding project design (width of roadway, provisions for parking, sidewalks and /or trails, landscape improvements, streetscape improvements, transit facilities, overhead utility removal, etc.), • on questions relating to costs, special assessments and financing, and • other issues Building Block 4 Field Surveys, Studies and Feasibility Reports Immediately following the initial discussion meetings with citizens, staff will report back to the City Council. If the Council at that time believes there is sufficient public interest to justify more detailed studies on some of the candidate streets to justify additional study, the Council could then authorize additional studies (i.e. - field surveys, televised inspections of sewers, etc.) and preparation of feasibility reports. - Note : If our goal is to get some improvements constructed in 1994, it is important that these studies be authorized as soon as possible. Unless these are completed before winter, it would be very difficult to have a program ready -to -go for a spring 1994 start -up with completion in fall 1994. Building Block 5 Worksessions With Citizens For each candidate project where there is an adequate level of citizen interest, additional meeting(s) would be held to present new information, and to continue citizen participation in the project development. Building Block 6 Completion of Feasibility Report and Development of Plans and Specifications Some of this work would be started in conjunction with "Building Blocks 4 and 5" - to provide a basis for recording • survey information and developing feasibility reports. However, the greatest portion of this work would be completed as a consensus is developed with citizens. Building lock 7 Conducnformat o l is i na Meetings g t I g Based on the consensus achieved from preliminary meetings and worksessions with citizens, the City Council could then direct staff to conduct separate informational meetings for each of the candidate projects where the public consensus appears to be favorable. The purpose of these meetings would be to present a finalized proposal to citizens affected by the project in question to assure their understanding of the proposal to the maximum extent possible. Building, Block 8 Individual Petitions Immediately following the informational meetings, individual petitions could be sent to each property owner, providing them with the opportunity to petition for the proposed improvements or against them. Note While this is similar to the survey format used for the proposed 1993 street improvements, the use of petitions is a stronger process. Building Block 9 Official Public Hearing After following all of the steps outlined above, there e should be very few "surprises" at the official public hearing, and the Council should have adequate information to make its decision expeditiously. Building Block 10 Construction Summary and Schedule For a street improvement program to happen in 1994, a process needs to be established and initiated as soon as -possible - to assure adequate opportunities for public participation. Attachment No. 2 is a realistic schedule for compliance with the "building block" process described above. RECOMMENDED CITY COUNCIL ACTION • review and discuss this report (at 7/26/93 meeting) • at 7/26/93 or 8/9/93 meeting: select "candidate projects" for initial consideration Note City Engineering staff would be able to process a maximum of 4 miles of street improvements in 1994. However, initial consideration could be given to up to 6 or 8 miles of streets, so that 2 to 4 miles could ultimately be selected for construction in 1994 ... and hopefully, is others in 1995 and future years ® • direct staff to develop preliminary cost estimates, and financial analyses for candidate projects • authorize staff to obtain proposals from independent appraisers to conduct evaluations of benefits to one or two properties in each candidate project area - for consideration by City Council at its next meeting. Once these steps are authorized and completed, staff will present its findings to the City Council (probably on a street -by- street basis, rather than all at once) and request the Council's authorization to proceed with "Building Block 3" - i.e., preliminary meetings with property owners. • ATTACHMENT NO. 1 Street Improvement Program for 1994 Preliminary Listing of "Candidate Projects" Project No. 1 James and Knox Avenues between 53rd and 55th Avenues North and 54th Avenue North from '/z block west of Knox Avenue to 1 /2 block east of James Avenue (see map 1). Discussion: These are the two streets within the proposed 1993 program which received the greatest support from residents. With additional small group meetings we would hope to strengthen that base of support. Project No. 2 57th Avenue between Logan Avenue and Camden Avenue (see map 2). Discussion: During the past several years a number of citizens requests have been received - primarily relating to the need for improved drainage at the intersections. Five major issues must be considered, i.e.: 1. Correction of the drainage problems will require extensive and costly changes to the storm sewer system. At this time the City's "Water Management Plan" is still in Phase I development, with completion of Phase I now expected by September. Phase I will not provide the detailed recommendations needed to proceed with 57th Avenue improvements. However, if this project is designated as a candidate for 1994 construction, steps can be taken to assure that the needed storm drainage recommendations are available by late 1993 or early 1994. 2. The section of 57th Avenue between Logan and Humboldt is designated as County State Aid Highway 57. It may be difficult or impossible to obtain Hennepin County concurrence in proposed plans and participation in project costs in 1994. If this project is to be considered for 1994, we will need to submit a request for their participation as soon as possible. 3. The section of 57th Avenue from Humboldt to Camden is a Municipal State Aid street. If MSAS funds are to be used for this project, it will need to be built to comply with MSAS standards. 4. Very few properties along 57th Avenue front on 57th. With the existing policy which provides that the owners of corner properties can chose to be assessed on one side or the other, we would expect to levy special assessments on only a very few properties. 5. If 57tht Avenue is improved, should a bicycle /pedestrian trail be constructed on the "NSP easement" which lies about 200 feet north of 57th... at some time? Project No. 3 Humboldt Avenue Between 69th and 73rd Avenues North (see map 3) Discussion: Several years ago the City received a petition signed by a majority of property owners in this street, requesting that it be improved. However, when the City provided more detailed information, many owners who had signed that original petition signed new petitions opposing it. Since that time we continue to receive requests for improvements from some of the original petitioners who continue to want the City to .proceed. This is also a Municipal State Aid street. Under MSAS standards which were in effect at the time of the above -noted petition, this street would have had to be widened to four lanes to allow use of MSAS funds. MSAS standards have since been amended to allow Humboldt to be constructed as a two -lane street or as a three -lane street (similar 0 to 65th Avenue between Fremont and Camden Avenues). For this project to be successful, staff will need to spend a considerable amount of time "mediating" the wide range of concerns, issues and needs of the affected citizens. However, accomplishing this would be a significant "win". Project No. 4 73rd Avenue North from Humboldt to Camden Avenues (see map 4) Discussion: This is a boundary street between Brooklyn Center and Brooklyn Park, i.e. - the city limits line is on the centerline of the street. For the past 5 years Brooklyn Center's many residents living in the neighborhood (i.e. - on or within 2 blocks of 73rd Avenue) have requested installation of a sidewalk on this section of 73rd Avenue. However, the majority of property owners on 73rd Avenue have opposed construction of a sidewalk. Three years ago the Brooklyn Center City Council authorized staff to negotiate an agreement with Brooklyn Park wherein Brooklyn Center would pay for the entire cost of constructing a sidewalk on the north side of 73rd (i.e. - in Brooklyn Park) if Brooklyn Park would allow it to be built there, and to maintain it thereafter. Unfortunately, Brooklyn Park declined this offer, and the matter has been stalemated since then. Because 73rd Avenue now also needs street improvements, I have discussed various options with Gary Brown, Brooklyn Park's Director of Public Works. He and I agree that a viable proposal would include total reconstruction of the roadway - with a two -lane roadway offset from the centerline of the right -of -way, to allow more room for construction of a sidewalk or trailway on the other side. If the Brooklyn Center Council is interested in pursuing this project, staff will work with Brooklyn Park to conduct joint meetings, etc., following the basic building block format outlined for other improvements. It is noted that 73rd is also a Municipal State Aid street. However, that should present no major problems regarding design standards or financing. Project No. 5 Willow Lane from Cul -De -Sac North of 66th Avenue to Dead -End South of 65th Avenue (see map 5) Discussion: Improvements to this roadway should be considered to include: • roadway reconstruction ■ construction of the "missing link" in the trailway system between West River Road, the I -694 bridge over the Mississippi River and River Ridge Park (future North Hennepin Regional Park) • possible realignment of the Willow Lane /66th avenue intersection to reduce conflicts between the C -2 uses south of 66th Avenue and the single - family homes on Willow Lane Project No. 6 Reconstruction of some or all of the following streets in the northwesterly portion of the City (see map 6): - Perry Avenue /71st Avenue from 69th Avenue to Brooklyn Blvd. - Quail Avenue from 69th to 71st Avenue North - Regent Avenue from 69th to 71st Avenue North - Scott Avenue from 69th to 70th Avenue North - Toledo Avenue from 69th to 70th Avenue North - 70th Avenue from Toledo to Quail Avenue North - 70th Avenue from Quail to Perry Avenue North and - 71st Avenue from Regent to Quail Avenue North Discussion: Streets in this area are in fair to poor condition and have historically required frequent, high -cost repairs. The most cost - effective strategy for these streets is complete reconstruction. Another need for this area is improvement of the storm drainage system, i.e. - the existing system is very skeletal, requiring storm water to surface -drain along and across streets for several blocks before entering a storm sewer. Again, (like on 57th Avenue) if this area is selected for consideration in 1994, we will need to take special steps to assure that the Water Management Plan for this area of the City is completed as soon as possible so that storm water system improvements can be integrated with consideration of street improvements. Summary Following is a tabulation of the length (in miles) of each "project area" as described above. This should be useful in "short projects listing" candidate ro'ects which are selected for further consideration. Project Length Project No. Description In Miles 1 James, Knox & 54th Avenues 0.6 2 57th Avenue 0.8 3 Humboldt Avenue 0.5 4 73rd Avenue 0.5 5 Willow Lane 0.4 6 Northwest Area 1.3 Again, staff recommends setting a goal of reconstructing 2 to 4 miles of streets in 1994. I E_ ' "'� _ _- : , .* 111 ♦ 1 , �1' i ri 11 1111111111 111 ����j� � � ►''� w �• � � � � 11111 �►♦��♦ � ���`�, '' �/ �:::. Am W WIN VIII I�Ii1i1 ■ : I �� ' , UP �� ��► ' t MIND � / 11111 .i��� _ %� ° .,. _ .•=. 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' 1111111 11111 ■ .. !"�1/ 1//1/��/1/1/ ■ � ►� �■ � �/ 11 //� i,.: - �° ' 17� x1 � �x1 1111 �� �i ■. �� , \III' ♦ ' ��� . ,1 /1- logo �► • �' /� � � ♦ X1111 1 111 /11111 � �. �� ��� �� �� .1/ /111 /111►���� ♦��� p � 111 / �'�� ♦•�� f 1111 Ir � .� .. 11 it /���1 �' I /I d1� /' �• �� ����� . • � �!�'� �� 111 /1111 II ��- ,��' � � � � � � r ..' .. 11111 �� 111 1 /1 ..:1/,� �� ""■' : ®������ I .. 11111 ■ -. EN ..■ �.. ■ .. /■■ ■� .,.� �■.� ■■� �� : � �..� .►■ .■I t •■ ■� / 11111 mm W E 11 ■• ii i� ■= •� i� �i i ■' ♦ 1111 �� ������ ATTACHMENT NO. 2 STREET IMPROVEMENT PROGRAM FOR 1994 SCHEDULE FOR BUILDING BLOCK PROCESS Bldg. Block No. Description July Aug Sept Oct Nov Dec Jan Feb March April May June 1. Selection of Candidate Streets 2. Preliminary Studies of Costs, Benefits & Financing 3. Preliminary Meetings with Property Owners 4. Field Surveys, Studies & Preliminary Feasibility Study 5. Worksessions With Citizens 6. Complete Feasibility Reports, Start Plans & Specs 7. Conduct Informational Meetings 8. Individual Petitions 9. Official Public Hearing 10. Construction a. Comp plans & specs ecs P b. Award contracts c. Construction CITY OF BROOKLYN CENTER Council Meeting Date 7/2 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: 1994 HENNEPIN RECYCLING GROUP (HRG) BUDGET DEPT. APPROVAL: I tk " a.A Ju ' Jones, G Administrator MANAGER'S REVIEW/RECOM MNDATION. No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • BACKGROUND The Hennepin Recycling Group Board approved its 1994 budget at their June meeting, as required- in the joint powers agreement. This timeline allows for comment by the three HRG City Councils. The 1994 HRG budget includes the following assumptions: 1. The curbside collection contract rate with BFI will increase to about $2.06 /household /month with the addition of Mixed Paper to the program. 2. HRG will continue to pay for recycling services at all municipal buildings. 3. HRG will continue to contract with Goodwill Inc. for recycling drop -off at County Transfer Station. 4. HRG will continue to hold two special recycling collections at the Airport in 1994. 5. HRG will continue $50 weekly random drawings. 6. HRG will continue to offer yardwaste drop -off at no charge and also assumes County yardwaste funding will continue. 7. Hennepin Count will continue $1.75/household/month re clin fundin P Y recycling g• 8. Recycling Service (RS) fees on City utility bills will be increased to $1.25 /household /month. The HRG Board debated the increase on the utility bill RS fee. Without the increase, HRG would be operating in a deficit in 1994. The Board decided it would be best to increase the RS rate slightly now instead of delaying a sharper increase in the future. The addition of mixed paper, anticipated to begin January 1, 1994, is expected to result in a $.15 /household /month increase in . costs. The County is also threatening to discontinue yardwaste rebates in 1994, which is a $77,246 annual revenue for HRG. HRG has been able to avoid an increase in RS fees despite a 63% increase in curbside collection costs over the past four years by aggressively pursuing maximum County funding. Since the program began in 1989, HRG has added plastic bottles (cost an additional $.34 /HH /Mo), corrugated cardboard (cost an additional $.06 /HH /Mo), and magazines (cost an additional $.15 /HH /Mo). The RS fee rate has never been increased from the original $1.05 /HH /Mo rate to compensate for these increases. A study of surrounding cities' RS charges shows that the average rate is $1.14 /month, ranging from $.83 to $1.50. HRG Cities would be in the median range of these rates upon raising the RS fee to $1.25 /month. RECOMMENDED CITY COUNCIL ACTION Review and discuss the attached 1994 HRG budget. • CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT 3 DEPT—* FUNCTION ACTIVITY HRG 95 HRG - 95-22 Health and Sanitation Recycling ACCT. 1880 1981 1892 t899 DEPT * ITEM ACTUAL ACTUAL ACTUAL ADOPTED REQUEST FUND DEPARTMENT 3 DEPT .# FUNC770M ACTIVITY HRG 95 HRG - 95-22 Health and Sanitation. Racycft ACCT. 1990 1199t 1992 t8&$ AEPT REM ACTUAL ACTUAL ACTUAL ADOPTED REQUEST ............................... ............................... ........................... ............................. PERSONAL SERVICES 4100 & Wages of Reg. Employees $37,242 4111 veMme - Regular Employees 15,312' 4130 3alarles & Wages of Temp. Employees 4142 DERA - Coordinated $1 668 St.885' 4144 Social Securtty/Medlcare $2,849 $2,8TB 4150 3ental Insurance $168 I: <:;:,....:::::,: $168 4151 4ospitalization Insurance $3,264 4153 Jfe Insurance - Ali Employees $49 9 4154 Norkeez Comp. insurance 5828> 4155 Jability Insurance $447 4158 Jrmunployment Compensation 4157 Iothing Allowance ITEM OTAL $0 $38,781 $45,677 $48,315.::.:.......$Sf.175 SUPPLIES, REPAIRS & MAINTENANCE 4210 Dflke Supper $311.85 $500 ............... .............................. 4211 uplicator Supplies & Paper < 4212 3 rinted Fortes 4213 3tationery & Envelopes 3107 4220 Also. Operating Supplies $2.794 $450 $54 4221 Aotor Fuels 4222 jibricants 3 Additives 4223 leaning Supplies 4225 hop Materials 4226 hernicals 6 Chemical Products _. . 4227 ety Supplies (OSHA) 4230 & Maintenance Supplies 4231 quipment Repair 4232 & Recaps 4233 uiiding Repair 4234 treet Maintenance Materials 4235 cape Materials & Supplies 4238 3treet Signs & Striping Materials 423T Jffllty System MalrrL Supplies 4238 Recreational Equipment Supplies 4239 ommodlUes Purchased for Resale $2,553 $4 $3,193 $9.728? 4240 Small Tools 4243 rissue 3 Toweling 4248 Station Repairs 4247 Natermain Repaks 4248 ervoir Charges 4249 ewer Line Repairs ITEM OTAL $0 $2,553 $7,416 $4,083 $4,635 PROFESSIONAL SERVICES CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT d DEPT FUNCTION ACTMTY HRG 95 HRG - 95-22 Head and Sanitation ng ACCT. 1990 1991 1992 1998 DEPT .. 0 REM ACTUAL ACTUAL ACTUAL ADOPTED REafJESF 4310 W iscallaneous Professional Services $7,034 52,500. 4311 3 ersonnel Testing & Recruitment 4312 age] Professional Services $569 $180.50 $5,000 4314 Jedlcal Exams & Evaluation ITEM TOTAL $0 $569 $7215 $5,000 COMMUNICATIONS 4320 lscelfansous Communkatbns 4321 ostage $3,830 $5,989.61 $6,000 '' ` ? T`OOtt 4322 elephone & Telegraph $1000 4323 dio Units 4324 silvery Service ITEM OTAL .......... . . $0 $3,830 $5,990 $6,000 TRANSPORTATION 4330 lscellaneous Transportation »::':::: 4331 ravel Expense <';::s:. : 4334 se of Personal Auto $243 $546.59 $570 >$3a0 ITEM OTAL $0 $243 $546.59 ADVERTISING 4340 lsceNaneousAdverfisin8 $19,136 $1,085.99 X2,200 ............................. 4341 mploymerd Advertising ITEM OTAL $0 $19,136 1085.99 .;.._......:.$t3390 PRINTING 4350 Wisceftwous Prinft $11,361 $17,275. 4351 agal Notices Publishing $ 200 4352 3eneral Notices & Public Info. 4353 rdinance Publication ITEM OTAL $0 $0 $11,361 $17475 INSURANCE 4361 General Liability lnsruance $1,900 $2,559.00 $2.600 ......... �T,60t) 4364 Equipment Floaters Insurance 385 4 utomotive Insurance ITEM OTAL $0 $1,900 $2, 559.00 $2,600 606> .............................. UTILITIES 4371 lectrk Service 4372 as Service 4376 bbish Removal $ 500 >;<:> . ::.. >:: >: 5011 ITEM OTAL $0 $0 $0 $ 500 $500 REPAIR- CONTRACTUAL CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT 3 DEPT-1 FUNCTION ACTIVITY HRG 95 HRG - 95-22 Health and Sanitation Recyc ACCT. 1990 1991 1992 1995 DEPT f 17FM ACTUAL ACTUAL ACTUAL ADOPTER REQC)EST 4381 utomotive Equipment Repair 4382 Equipment Repair 4383 utldings Repair 4384 treats Repair 1385 oar Repairs 4388 or tine Repaint 4387 or Repair - Contractual 4388 e ft Station Repairs - Contractual ITEM rr OTAL $0 $0 $0 50 ...... _ .` MAINTENANCE- CONTRACTUAL 4390 Sefvks Contracts $531 5580 4391 Communication Systems Maintenance 4392 rattle Signal Maintenance ITEM TOTAL $0 $0 $0 $531 $580' RENTALS 4400 isceilaneous Rentals 4401 ce Rental 1402 Jachlrwwy S Equipment Rental 4403 Xflce Equipment Rental 4404 Pata Processing Equipment Rental $500 ITEM trOTAL $0 $0 $0 $480 $1,700 MISCELLANEOUS 4410 iscellaneous ..........,; 4411 erence Schools $877 519.00 $1,500 $t 0o0' 4412 fteting Expenses $702 $180 $450 4413 Dues t: Subscriptions $455 $216.00 $250 $250 4414 Free es 8 Taxes $376 4415 s $7,800 $7,800 $7,800 4418 Citizen Rebate I 4417 & Publkatkxu $89 $100 5107 4418 i Education Reimbursemert 4419 isease ITEM frOTAL $0 $1.332 $9,702 $9,830 29 807 OTHER CONTRACTUAL SERVICES 4420 lscelianeous Contractual Servk es $74,481 583685.52 $666,910 .895115:! _._. . 4422 E. Tax Roll - County 4423 kasessment Roll -County 4425 3oard of Prisoners 4427 Dog Control Cost 4428 Nater Commission Payments 4429 Robbinsdale Water Payments 4430 4ew Hope Sewer 4437 3evvage Disposal Charges - MS8 ITEM OTAL $0 $74 $583 $666 5895116' CAPITAL OUTLAY CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT & DEPT. # FUNCTION ACTIVITY HRG 95 HRG - 95-22 Health and Sanrt ffon Recycili ACCT. 1990 1991 1992 f99C? DEPT # ITEM ACTUAL ACTUAL ACTUAL A170P77 =D ............................ 4530 Improvements 5755 > >ss €< #s #> > »> ? 4540 achinery Equipment 50 umlt 45ure & Fbdures 54,588 >< >z= . .... ?.... ; 4551 Furnishings 3 Equipment 4552 obits Equipment S8S5 :_............ ; 4553 Miscellaneous Capital Outlay ITEM OTAL $0 $0 $0 $6.216 ><: > : ;;» �Zd6 OTHER 4980 ConBngency/Admin Charges $5,000 ;? < ' 5007 ITEM TOTAL $0 $0 $0 $5000 GRAND TOTAL ALL ITEMS $0 $551,874 $692 $773,740 < . » $80T45f? CITY OF CRYSTAL - RECYCLING REVENUES 1990 1991 1992 1993 OBJECT DESCRIPTION ACTUAL ACTUAL ACTUAL ADOPTED EST1MAtEl3 3330 County Grsrgs $254,968 $426,897 $442,827 $442,827;00: 3500 Miscellaneous Receipts 3510 Containers, wheels a Lids $2.620 $200 $3,133.00 , 3780 ling Revenues (BGllrpa) $265 231 $253,044.00 ; ; _ :_._.303,853_: 3599 nterastEarned $8.490 $11,464 $5,000.00 `'`'' '``' ''`''' > "" ardwests Refund $77,248 $ 77 ,246.00 : .:. :: . :: ....$ rr,246: arcs of Fund Batertce ($12.17$) ($8,589) . { .. 7,075 00 Total Rec ikp Revenues $0 $265 $779,838 $781,250 i DETAIL OF PERSONAL SERVICES JOB # OF BASE ANNUAL # OF BASE CLASS MOs. SALARY 1993 MOs. SALARY ": .........'1 .:......... 1993 1993 1994 1994 a p ertinent #95-22 - Henni ipin Reo yding Group (Req cling) Recycling 12 $3,484.17 $20,905.00 12 $3, 571.25 :;>_......$21 Coordinator 1I2 to Fund #94-3 RG Intern 12 $800 $9,152.00 12 $ 900. 531,232OQ; (Part-time) C.D. Secretary 12 $404.37 $4,852.40 12 $412.88 20% time) TOTAL 34 908.40 TOTAL 6 i CITY OF BROOKLYN CENTER Council Meeting Date 726/93 n Agenda Item Number Aq a / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -B (1993 SEALCOATING, IMPROVEMENT PROJECT NO. 1993 -06) DEPT. APPROVAL: Sy Knapp, Vector Public Works MANAGER'S REVIEW/RECOMMENDATION: 9 - TY No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Contract 1993 -B, Improvement Project No. 1993 -06, 1993 Sealcoating Program, has been completed by Allied Blacktop Company. The City Council accepted their bid per Resolution No. 93 -71 and a contract was subsequently executed. The actual final value of work, $131,176.28, exceeds the original contract by $228.41, due to an underestimation of contract quantities. The 1993 Division No. 42 Street Maintenance budget for this expenditure is $140,000. Staff recommends acceptance of the work performed and authorization to make final payment to Allied Blacktop Company. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Allied Blacktop Company is attached for consideration. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -B (1993 SEALCOATING, IMPROVEMENT PROJECT NO. 1993 -06) WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Allied Blacktop Company has satisfactorily completed the following improvement in accordance with said contract: 1993 SEALCOATING IMPROVEMENT PROJECT NO. 1993 -06 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved according to the following schedule: Original Contract Final Amount Value of Work $130,947.87 $131,176.28 2. The actual value of work performed is $228.41 more than the original contract, due to an underestimation of quantities. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said under said contract shall be $131,176.28. 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 OF BROOKLYN CENTER Council Meeting Date 0726/93 Agenda Item Number �� L REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109 - 109 -26, SHINGLE CREEK PARKWAY BETWEEN 69TH AVENUE NORTH AND THE NORTHERLY EXTENSION OF FREEWAY BOULEVARD; AND ON MSAP 109 - 125 -08, 69TH AVENUE NORTH BETWEEN WEST PALMER LAKE DRIVE AND 332' EAST OF THE INTERSECTION WITH SHINGLE CREEK PARKWAY DEPT. APPROVAL: Sy Knapp irect of Public Works , MANAGERS REVIEW/RECOMMENDATION. No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached Because those segments o f Y Shingle Creek Parkway and 69th Avenue North which are g to be reconstructed in the Phase III improvements are designated as State Aid routes, the plans and specifications for construction must be approved by MnDOT's State Aid Division. Part of their approval requirements for this project is that the City Council adopt a resolution which establishes parking restrictions on the roadway segments which are to be reconstructed. It is necessary to obtain State Aid Division approval so that state funds may be applied toward the project costs. RECOMMENDED CITY COUNCIL ACTION I A resolution which �n hich estzblishes parking restrictions on the affected segments of 69th Ave. No. and Shingle Creek Parkway is attached for consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION _ TION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109 109 26 SHINGLE CREEK PARKWAY BETWEEN 69TH AVENUE NORTH AND THE NORTHERLY EXTENSION OF FREEWAY BOULEVARD; AND ON MSAP 109 - 125 -08, 69TH AVENUE NORTH BETWEEN WEST PALLIER LAKE DRIVE AND 332' EAST OF THE INTERSECTION WITH SHINGLE CREEK PARKWAY WHEREAS, the City has planned the improvement of Shingle Creek Parkway between 69th Avenue North and the northerly extension of Freeway Boulevard; and 69th Avenue North between West Palmer Lake Drive and 332' east of the intersection with Shingle Creek Parkway (MSAP No. 109 - 109 -26 and 109- 125 -08); and WHEREAS, the City will be expending Municipal State Aid funds on the improvement of this street segments; and WHEREAS, this improvement will not provide adequate width for parking on the streets. Approval of the proposed construction as Municipal State Aid street projects is conditioned upon parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles on both sides of Shingle Creek Parkway between 69th Avenue North and the northerly extension of Freeway Boulevard; and 69th Avenue North between West Palmer Lake Drive and 332' east of the intersection with Shingle Creek Parkway at all times, following completion of the proposed improvements. 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 OF BROOKLYN CENTER Council Meeting Date 7/26/93 Agenda Item Number / e. REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL OF WESTWOOD PROFESSIONAL SERVICES INC. TO PROVIDE GRANT APPLICATION SERVICES FOR DEVELOPMENT OF THE TWIN LAKE TRAIL SYSTEM, AND APPROPRIATING FUNDS THEREFORE DEPT. APPROVAL: Knapp, irector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On 5/24/93 staff provided Council with an update of the development status of the Twin Lakes Trail plan. At that time, we advised the Council that the Twin Lakes Task Force would be meeting on June 3 and that it will be necessary to authorize Westwood Professional Services to proceed with additional work, specifically including public presentations and preparation of grant applications. Attached hereto are: ■ A copy of the minutes of the 6/3/93 meeting of the Twin Lakes Task Force and ■ A copy of Westwood's proposal for services in the total amount of $10,900. The cities of Robbinsdale and Crystal have each agreed that if Brooklyn Center will be the lead agency for a contract with Westwood, each of those cities will reimburse Brooklyn Center for one -third of those costs. RECOMMENDED CITY COUNCIL ACTION A resolution accepting Westwood's proposal and appropriating funds is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON MSAP 109- 109 -26, SHINGLE CREEK PARKWAY BETWEEN 69TH AVENUE NORTH AND THE NORTHERLY EXTENSION OF FREEWAY BOULEVARD; AND ON MSAP 109- 125 -08, 69TH AVENUE NORTH BETWEEN WEST PALMER LAKE DRIVE AND 332' EAST OF THE INTERSECTION WITH SHINGLE CREEK PARKWAY WHEREAS, the City has planned the improvement of Shingle Creek Parkway between 69th Avenue North and the northerly extension of Freeway Boulevard; and 69th Avenue North between West Palmer Lake Drive and 332' east of the intersection with Shingle Creek Parkway (MSAP No. 109 - 109 -26 and 109- 125 -08); and WHEREAS, the City will be expending Municipal State Aid funds on the improvement of this street segments; and WHEREAS, this improvement will not provide adequate width for parking on the streets. Approval of the proposed construction as Municipal State Aid street projects is conditioned upon parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the City shall ban the parking of motor vehicles on both sides of Shingle Creek Parkway between 69th Avenue North and the northerly extension of Freeway Boulevard; and 69th Avenue North between West Palmer Lake Drive and 332' east of the intersection with Shingle Creek Parkway at all times, following completion of the proposed improvements. 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. /ac Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL OF WESTWOOD PROFESSIONAL SERVICES INC. TO PROVIDE GRANT APPLICATION SERVICES FOR DEVELOPMENT OF THE TWIN LAKE TRAIL SYSTEM, AND APPROPRIATING FUNDS THEREFORE WHEREAS, the cities of Brooklyn Center, Crystal and Robbinsdale as members of the Twin Lakes Task Force are developing plans for construction and financing of the Twin Lakes Trail System; and WHEREAS, the Twin Lakes Task Force has recommended that the City of Brooklyn Center as lead agency for this purpose enter into contract with Westwood Professional Services Inc. to conduct additional planning, conduct public meetings and prepare an application for ISTEA grant funding, in accordance with Westwood's proposal to provide these services at a total cost not to exceed $10,900; and WHEREAS, the cities of Crystal and Robbinsdale have each agreed to reimburse Brooklyn Center for one -third ($3633) of the costs for such work by Westwood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal submitted by Westwood Professional Services Inc. is hereby accepted. 2. The Mayor and City Manager are hereby authorized and directed to enter into contract with Westwood Professional Services Inc. on the basis of their proposal, at a cost not to exceed $10,900. 3. All costs for work by Westwood shall be charged to Recreation Department Account No. 4310. Reimbursement from the cities of Crystal and Robbinsdale shall be credited to that same account. 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. JOINT CITY TWIN LAKE TRAIL COMMITTEE Minutes June 3, 1993 Committee Members Present: Brooklyn Center, Crystal, Staff Present: Brooklyn Center�,1Crystal, Robbinsdale, Westwood The meeting was called to order at 7:05 p.m. by Chairperson Bill Gentry. Each city gave a summary of their discussions with their respective City Council's action: Brooklyn Center: Presented their to the Council. Council feedback was positive. There were two areas of concern: Indiana Ave. & Highway 100 crossing and the section of trail along the railroad tracks. Council gave their okay to continue with the project. Crystal: The Council approved the trail con - cept and gave their permission to continue to the more detailed plan- ning phase. Robbinsdale: The plan was discussed by the Commis- sion. The Council agreed to the concept of the project. The Committee discussed the trail - layout and construction prioritization. It was felt that the general plan was good. Funding considerations were then discussed. Discussion centered around each community paying for the basic trail within their own community and major components (land aqui- sitions, crossings, bridges, etc.) would be split one -third between the cities. The Committee discussed the memo on grant opportunities as prepared by Westwood. Information of grants generated further discussion on con- struction prioritization. The ISTEA funds may be available for the transportation loop and these funds may be more accessible. LCMR and LAWCON funds may be available for the lake loop. The Committee discussed which loop should be the priority project. It was decided that the lake loop should be - the priority project. It was decided that the lake loop should be the priority project which Phase 1 being the middle /upper lake loops and Phase 2 being the lc;eer lake loop. The Committee asked city staff to meet with Westwood to develop a proposal on the next step of the process. This would involve dealing with the two -phase plan in data gathering involving the public and then writing a grant application. Public involvement was discussed. The merits of one meeting versus several were discussed. It was decided that three meetings would be held: Upper Twin Lake held in Brooklyn Center Middle Twin Lake held in Crystal Lower Twin Lake held in Robbinsdale The Task Force will sponsor each meeting. City staffs will make a recommendation on the structure of each meeting. People will be notified by mail and newspaper articles. The City of Robbinsdale reported on the Tree Trust project at the Highway 100 bridge. Work will begin in July. The Committee asked Westwood to prepare a proposal outlining the next steps of the project and fees. The next meeting was tentatively set for August 5 at 7 pm at the Crystal Community Center. The meeting was adjourned at 8:22 p.m. Respectfully submitted, Gene Hackett Recorder Westwood Professional Services, Inc. June 24, 1993 14180 Trunk Hwy 5 Eden Prairie, N "N 55344 612 937 -5150 FAX 612 9375822 Mr. Sy Knapp, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Twin Lakes Trail Grant Application Services Dear Sy: This letter is intended to document the scope of Westwood's services for route refinement and grant applications for the Twin Lakes Trail. It is based on the instructions received at the March 11, 1993 Joint City Twin Lake Trail Committee (JCTLTC) meeting and can serve as our work agreement if it adequately addresses your needs. SCOPE OF WORK PHASE Task 1 Route Planning Westwood will meet initially with staff from all three cities to collect trail routing, assumptions, preferences, etc. Based on this information and on -site inspection, Westwood will make detailed trail routing recommendations for all segments of the Twin Lakes System. The recommendations Nvill include railroad crossing recommendations, delineation of which side of roadway and separation of trail way from roadway. This task will include clarification of usage (walkway/bikeway) and setting of minimum design standards. EstimatedCost ..................................................... ............................... up to $ 3,200.00 Task 2 Cost Estimates Westwood will prepare detailed cost estimates for construction of all elements of the Twin Lakes Trail System. The estimate will be broken down into short segments and special items so that regrouping the cost items in a variety of methods will be possible EstimatedCost .................................................................. ............................... $ 1,000.00 PHASEI SUBTOTAL .......................................................................... ............................... $ 4,200.00 Weuwoao VroHmmul S41mu. Inc a 4n a.0 opp.n,imV smplop, WESTWOOD PROFESSIONAL SERVICES, INC. PHASE II Task 3 Public Presentations Westwood will attend August 5 Task Force (JCTLTC) meeting to explain the trail routings and estimates and receive comments. Westwood will facilitate the presentation of the Twin Lakes Trail System at a series of three public hearings /presentations, each focusing on one of the three lakes - upper, middle and lower. At each of the presentations an overview of the entire systems will be presented including the transportation triangle, followed by a detailed presentation of the particular lake loop and connectors. Westwood will furnish the appropriate graphic and written presentation materials necessary for each meeting. EstimatedCost .............................................. ............................... ........................$800.00 PHASEII SUBTOTAL ..................................................... ............................... ........................ $800.00 PHASE III Task 4 Grant Application Strategy Westwood will make recommendations regarding the matching of the elements of Twin Lakes Trail System with specific grant funding programs. EstimatedCost .............................................. ............................... ........................$500.00 Task 5 Grant Applications Westwood will prepare submittal materials for four grant applications, including all written detail of project and explanatory graphics. The cost below assumes that the first grant application will be the most labor intensive, the second can utilize some information from the first and so on. Other funding programs may pop up or seem appropriate once the trail system is refined, i.e., another ISTEA program administered by the DNR or possibly a Community Development Grant administrated by the Department of Trade and Economic Development. Estimates for preparing these applications are not included, but could be added if desired. Cost for Ist Grant Application ............................................ ............................... $3,000.00 Cost for 2nd Grant Appl ication ........................................... ............................... $1,000.00 Cost for 3rd Grant Application ............................................ ............................... $ 800.00 Cost for 4th Grant Application ............................................ ............................... $ 600.00 TotalCost ......................................................................... ............................... $5,400.00 PHASEIII SUBTOTAL ........................................................................ ............................... 5 900.00 TOTALPHASES I - III ....................................................................... ............................... simoo.00 PROPOSAL - DETAIL DESIGN AND GRANT APPLICATIONS TWIN LAKES TRAIL SYSTEM Page 2 WESTWOOD PROFESSIONAL SERVICES, INC. RESPONSIBILITIES OF INDIVIDUAL CITIES AND JCTLTC 1. Each City will provide traffic counts, and accident data as available for all routes included in transportation loop. 2. Each City will provide documentation of the project in comprehensive plan, public approval process, MnDOT (as applicable), State Aid. 3. The JCTLTC will provide prompt review of the proposal contents to ensure meeting grant submission deadlines. 4. JCTLTC will advertise and arrange for public presentations. 5. Each city will be responsible for getting local approval. 6. JCTLTC will be responsible for negotiations with the railroad. COMPENSATION Westwood shall undertake the work described herein on an as incurred, hourly basis, not to exceed S 10,900. Meetings and additional services shall be charged as incurred on an hourly basis using the attached hourly rate schedule. Similarly, any special reports, studies, revisions or other services not listed above or which are ordered by the Client shall be performed on a per diem basis in accordance with the current rate schedule in force at the time the work is performed. All work will be billed monthly, based on the pro rata amount, and is due and payable upon receipt. All invoices outstanding thirty (30) days or more from billing data will be charged a finance charge (interest) at the rate of 1.25% per month. All work shall be billed through the City of Brooklyn Center. TIMING AND STAFF Westwood is prepared to initiate work immediately. Tim Erkkila will be the project manager and Anne'Deuring will be the project planner. Both individuals are familiar with the City and this project. Sincerely, WESTWOOD PROFFESSIONAL SERVICES, INC. CONDITIONS ACCEPTED BY: CITY OF BROOKLYN CENTER Tim Erkkila Vice President, Planning Authorized Signature attachment: Current Rate Schedule Title Date PROPOSAL - DETAIL DESIGN AND GRANT APPLICATIONS TWIN LAKES TRAIL SYSTEM Page 3 Westwood Professional Services, Inc. y 14180 Trunk Hwy. 5 Eden Prairie, MN 55344 612- 937 -5150 FAX 612937 -5822 FEE SCHEDULE FOR PROFESSIONAL SERVICES MARCH 1, 1993 In general, where it is possible to determine in advance the SCOPE OF A PROJECT and the time and effort the Project will require, the fee basis for Engineering Services will be a percentage of construction cost or lump sum. Where this is impossible, because of the complex nature of work tasks that are variable in nature and where the time required is controlled by the Client, citizen involvements and environmental problems, where the time requirement is beyond the control of the Consultant, the following fee schedule will apply. Charges for Other Direct Costs and facilities furnished by Westwood are computed on the basis of actual cost plus 15 percent. Classification Hourly Rate PrincipalEngineer .............................................. ............................... ..........................85.00 Principal Planner /Landscape Architect ................ ............................... ..........................85.00 Principal Registered Land Surveyor.. ... ...............................................85.00 Senior Transportation Engineer. .•. ....•.•.••.• . ............................... .. ••• ........... ...•• ..75.00 Senior Project Engineer /Planner /Landscape Architect ....................... ..........................75.00 Project Engineer /Surveyor /Landscape Architect . ............................... ..........................65.00 Wildlife Biologist/Environmental Scientist ........... ............................... ..........................55.00 Survey Coordinator /Engineer ....................................................... ............................... 55.00 Senior Engineering Technician ........................... ............................... ..........................52.00 Planner /Landscape Architect .............................. ............................... ..........................48.00 Senior Construction Coordinator ................................................... ............................... 52.00 Computer Draftsman .................................................................... ............................... 45.00 Engineering Technician ...................................... ............................... ..........................40.00 Construction Observer .......:................................ ............................... ..........................45.00 Associate Planner /Landscape Architect .............. ............................... ..........................40.00 Drafting, Technical Writer ................................... ............................... ..........................35.00 Engineering Aide, Clerical/ Graphic ..................... ............................... ..........................30.00 Two- Person Survey Crew ................................... ............................... ..........................80.00 Three- Person Survey Crew .......................................................... ............................... 97.00 Expert Witness - Court Appearance /Deposition ............................. ..............................2 x rate • No charge for mileage within the Twin City Metro area • No charge for in -house computer or plotter time There ,s a finance charge ot 1 25% per month (15% annual percentage rate) applied to all charges which have become more than 30 days past due based on balling date shown on original invoice W+snrooe Pohumnal S—cn, Inc is on aouN apDorlurmy ampi"ar CITY OF BROOKLYN CENTER Council Meeting Date 07/26/933 • Agenda Item Number i REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL: Sy Knapp, Direcid of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached---- • The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDED CITY COUNCIL ACTION It is recommended the Council adopt the attached resolution. r Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 07/26/93 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- EDWARD & GEORGIA ADAMS 5506 OLIVER AVE N 63 JOHN & LUCILLE MUELLER 5900 ABBOTT AVE N 64 BANKPLUS, ATTN: LETTI 3118 61ST AVE N 65 BANKPLUS, ATTN: LETTI 3118 61ST AVE N 66 CLARENCE & ANNE BERGQUIST 5133 XERXES AVE N 67 LEROY & MAJ PEARSON 4950 ABBOTT AVE N 68 MILDRED BOLSTAD 5842 VINCENT AVE N 69 MORRIS & ELLEN ALLROGGEN 2718 64TH AVE N 70 ARLIE & ANNA MAY GALLUP 6001 ALDRICH AVE N 71 LOUIS & JEAN SULLIVAN 2321 55TH AVE N 72 CITY OF B.C. 6500 DUPONT AVE N 73 BARBARA JENSEN 6539 DREW AVE N 74 JESSE & MARY LOHONEN 921 58TH AVE N 75 STANLEY LEE 6632 WEST RIVER RD 76 DAVID WAGTSKJOLD 6854 WEST RIVER RD 77 GREGORY & CHERYL STOCK 3406 72ND AVE N 78 RICK & CONNIE FOYT 4701 ELEANOR LA 79 W. LAVERNE JOHNSON 7236 GRIMES AVE N 80 ROBERT & LORETTA FARRELL 5849 CAMDEN AVE N 81 CURTIS & CHERYL HAWKINS 521 62ND AVE N 82 PERRY & CHRISTINE DOMAAS 5143 EWING AVE N 83 HARLAN DAUDT 6000 YORK AVE N 84 GENE & JUNE SORBY 6437 EMERSON AVE N 85 NICHOLAS /KATHRYN TORTORICE 6305 HALIFAX DR 86 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owner (s) will receive a second written notice providing five 5 ( ) P g ( ) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Deputy City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 7/26/93 Agenda Item Number "► REQUEST FOR COUNCIL CONSIDERATION ********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY REPAIR ACCOUNT, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, AND 69TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1990 -10 DEPT. APPROVAL: Sy Knap Direr of Public Works MANAGERS REVIEW/RECOMIVIENDATION: No comments to supplement this report Comments below/attaciled • SUMMARY EXPLANATION: (supplemental sheets attached Yes The purpose of this resolution is to order a public hearing on Monday, September 13, 1993, at 8:00 p.m. local time, to hear and pass upon all objections, if any, to the proposed special assessments for tree removal costs, delinquent weed removal accounts, delinquent public repair account, delinquent public utility service accounts, and 69th Avenue North Street Improvement Project No. 1990 -10. All trees have been declared a public nuisance in past City Council resolutions, and the trees have been removed by the City's tree contractor in accordance with established policy. Delinquent weed destruction account property owners have received notice of delinquent account in accordance with the established collection policy and have not made payment. The property owner with a delinquent public utility repair cost was notified of the need under city ordinances to conduct service line repairs as required, and the estimated cost should the property owner not effect the repair and the city orders it done by a private contractor or city forces. The property owner has been invoiced for the City's cost, and those invoices remain unpaid. Property owners with delinquent public utilities service accounts have received notice of delinquent account in accordance with the established collection policy and have not made payment. • . Improvement Project No. 1990 -10 (69th Avenue from Brooklyn Boulevard to Shingle Creek Parkway) was approved at the Improvement Hearing held on March 26, 1990. The assessment rates and total assessments shown on the proposed roll (see attached roll) are those which were quoted at that improvement hearing. It is anticipated that some of the commercial /industrial property owners and the 5 owners of single - family homes which are located on R -3 zoned property (west of France Avenue) will object to the proposed assessments. Staff recommends that no adjustments to those assessments be made prior to the 9/13/93 hearing. Following the hearing (either on 9/13 or at a later date), the City Council may decide to (1) adopt the assessment roll without changes; or (2) adopt the assessment roll with changes, or (3) decide to hire an independent appraiser to review the manner and define "benefits" to certain properties. Future council actions include the public hearing at the specified date and adoption of the resolution to certify the special assessment levy rolls with Hennepin County. RECOMMENDED CITY COUNCIL ACTION It is hereby recommended that the City Council adopt the attached resolution to hold a public hearing on these special assessments. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL COSTS, DELINQUENT PUBLIC UTILITY REPAIR ACCOUNT, DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS, AND 69TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1990 -10 BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. A hearing shall be held on the 13th day of September, 1993 in the City Hall at 8:00 p.m. to pass upon the proposed assessments for the following charges: Diseased Shade Tree Removal Costs Delinquent Weed Removal Accounts Delinquent Public Utility Repair Account Delinquent Public Utility Service Accounts Street Improvement Project 1990 -10 2. The City Clerk with the assistance of the Director of Public Works shall forthwith prepare assessment rolls for the above charges, and shall keep them on file and open to inspection by any interested persons. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in such assessment rolls not less than two weeks prior to the hearing. Date Mayor Pro tem 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 llowin voted against the same: whereupon said resolution was declared duly passed and adopted. I -00N CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL /J July 26, 1993 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1992 -10 Levy No.: Description: Cost of diseased tree removal to Fund /Code No.: those tracts or parcels where trees were removed in 1992, by written Levy Description: TREE REMOVAL 93 -3 agreement with the property owner or by order of the City Tree Inspector, at a total cost of less than $300 Levy runs three (3) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1994 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: April 13, 1992 Date of Assessment Hearing: September 13, 1993 By Resolution No.: 92 -83 Adopted On: Assessment District: NIA By Resolution No.: Method of Apportionment: Direct cost , interest and administrative costs Corrections, Deletions, Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: NIA Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $1,281.50 City Property: Other Public Property: Private Property: CITY OF BRON CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL Y TREE REMOVAL 93 -3 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO, AMOUNT Legal Description Mailing Address Mailing Address 03- 118 -21 -12 -0068 89667 $199.50 3612 Commodore Dr DEREK & CAROLE MONROE Lot 2, Block 6 3612 Commodore Dr PEARSON'S NORTHPORT 3RD ADDN Brooklyn Center, MN 55429 10- 118 -21 -14 -0027 89275 $222.00 4944 Zenith Ave N DONALD & PAULA MILLER Lot 12, Block 1 4944 Zenith Ave N BROOKLYN MANOR Brooklyn Center, MN 55429 33- 119 -21 -12 -0069 89628 $187.00 6819 Scott Ave N GEORGE STELMACK Lot 5, Block 2 6819 Scott Ave N NORDSTROM'S FIRST ADDITION Brooklyn Center, MN 55429 33- 119 -21 -13 -0005 89344 $132.00 5131 66th Ave N JACK & MARGARET TIMM Lot 7, Block 3 5131 66th Ave N DONNAYS BROOK LYN GARDENS 3RD ADDN Brooklyn Center, MN 55429 33- 119 -21 -41 -0052 89722 $132.00 6430 Perry Ave N ROBERT & DONNA CARLSON REGISTERED LAND SURVEY 6430 Perry Ave N NO. 0755, HENNEPIN COUNTY Brooklyn Center, MN 55429 34- 119 -21 -13 -0054 89265 $187.00 6512 Drew Ave N ANDREW & LISA HOCKERT Lot 11, Block 9 6512 Drew Ave N BROOKLANE Brooklyn Center, MN 55429 34- 119 -21 -44 -0002 89391 $222.00 3007 63rd Ave N ROBERT & GRACE GUILLE Lot 2, Block 2 3007 63rd Ave N GARDEN CITY 2ND ADDN Brooklyn Center, MN 55429 I II CITY OF BROOKLYN CENTER SA P IAL ASSESSMENT ROLL July 26, 1993 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1992 -10 Levy No.: Description: Cost of diseased tree removal to Fund /Code No.: those tracts or parcels where trees were removed in 1992, by written Levy Description: TREE REMOVAL 93 -5 agreement with the property owner or by order of the City Tree Inspector, at a total cost of greater than $300 Levy runs five (5) years at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1994 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: April 13, 1992 Date of Assessment Hearing: September 13, 1993 By Resolution No.: 92 -83 Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost , interest and administrative costs Corrections. Deletions. Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $6,876.40 City Property: Other Public Property: Private Property: CITY OF BROOKENTER SPECIAL ASSESSMENT CERTIFICATION ROLL M TREE REMOVAL 93 -5 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 01- 118 -21 -32 -0023 89001 $360.00 5616 Fremont Ave N JEFF & LONA PORTER UNPLATTED 01- 118 -21 5615 Fremont Ave N Brooklyn Center, MN 55430 01- 118 -21 -33 -0106 89675 $614.00 5418 Fremont Ave N JEREMY BENVER Lot 25, Block 2 5418 Fremont Ave N N & E PERKINS ADDITION Brooklyn Center, MN 55430 TO MINNEAPOLIS 01- 118 -21 -42 -0032 89395 $654.00 5614 Camden Ave N TERRY & LINDA BLUML Lot 37 5614 Camden Ave N GARCELON'S ADDITION Brooklyn Center, MN 55430 TO MINNEAPOLIS 10- 118 -21 -14 -0012 89010 $754.00 4937 Brooklyn Blvd ROBERT HETTLE UNPLATTED 10- 118 -21 4937 Brooklyn Blvd Brooklyn Center, MN 55429 10- 118 -21 -14 -0028 89275 $615.40 4948 Zenith Ave N BLANCE RADIL Lot 13, Block 1 4948 Zenith Ave N BROOKLYN MANOR Brooklyn Center, MN 55429 33- 119 -21 -11 -0017 90015 $929.00 6831 Orchard Ave N RICKIE & MARY MORRIS Lot 2, Block 2 6831 Orchard Ave N H. SMILDEN'S ADDITION Brooklyn Center, MN 55429 33- 119 -21 -44 -0011 90086 $1,523.00 4921 63rd Ave N DONALD MILES /DEANA JOHNSON Lot 1, Block 1 4921 63rd Ave N WAITE'S ADDITION Brooklyn Center, MN 55429 34- 119 -21 -13 -0009 89100 $479.00 6520 Brooklyn Blvd PHYLLIS OWENS Lot 8 6520 Brooklyn Blvd AUDITOR'S SUBDIVISION Brooklyn Center, MN 55429 NO. 025, HENNEPIN COUNTY 35- 119 -21 -44 -0012 03299 $569,00 6100 Summit Dr EARLE BROWN COMMONS LTD. REGISTERED LAND SURVEY 6100 Summit Dr. NO. 1603 Brooklyn Center, MN 55430 CITY OF BROOOENTER n SPECIAL ASSESSMENT CERTIFICATION ROLL D TREE REMOVAL 93 -5 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 36- 119 -21 -32 -0045 89432 $379.00 6440 Humboldt Ave N DEANNA KIMBLE Lot 7, Block 2 6440 Humboldt Ave N HALEK'S 4TH ADDITION Brooklyn Center, MN 55430 $6,876.40 I i D CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL July 26, 1993 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: Description: Weed Removal Costs Fund /Code No.: Levy Description: WEED DESTRUCTION 93 Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1994 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: September 13, 1993 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections. Deletions. Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $ 1,226.25 City Property: Other Public Property: Private Property: $ 1,226.25 CITY OF BROOKLYN CENTER Q SPECIAL ASSESSMENT CERTIFICATION ROLL lit WEED DESTRUCTION 93 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 02- 118 -21 -11 -0007 03299 $160.00 6000 Summit Dr. EVERGREEN DEVELOPMENT GROUP REG. LAND SURVEY #1603 P.O. BOX 10326 FARGO, NO 58106 -0326 02- 118 -21 -31 -0029 90002 $267.50 2319 Brookview Or MCGLYNN STEVEN C Block 2, Lot 2 2319 Brookview Dr. RYDEN'S THIRD ADDITION Brooklyn Center, MN 55430 25- 119 -21 -41 -0020 89639 $125.00 7109 Willow Lane MARION CARLSON Lot 4, Block 3 7109 Willow Lane NORTH RIVER ESTATES Brooklyn Center, MN 55430 27- 119 -21 -33 -0098 03111 $83.75 7100 Brooklyn Blvd UD CONTRACTING, INC. Lot 2, Block 1 3825 85th Ave. N. 7100 CORPORATE PLAZA 2ND ADDITION Brooklyn Park, MN 55443 27- 119 -21 -34 -0052 89661 $160.00 7031 France Ave N SCOTT & CAROL BURNES Lot 3, Block 1 7031 France Ave N PALMER LAKE TERRACE 4TH ADDITION Brooklyn Center, MN 55429 33- 119 -21 -42 -0115 89343 $90.00 6318 Unity Ave N ABED & KHADRAH WAZWAZ Lot 10, Block 5 6318 Unity Ave N DONNAYS BROOK LYN GARDEN 2ND ADDITION Brooklyn Center, MN 55429 34- 119 -21 -11 -0076 89356 $125.00 3113 68th Ave N STEVEN & MYRNA ODDON Lot 5, Block 3 P.O. Box 175 ELSEN'S CITY VIEW 2ND ADDITION Mound, MN 55364 34- 119 -21 -13 -0009 89100 $125.00 6520 Brooklyn Blvd PHYLLIS OWENS Lot 8 6520 Brooklyn Blvd AUDITOR'S SUBDIVISION NO. 025 Brooklyn Center, MN 55429 35- 119 -21 -32 -0116 00963 $90.00 2801 66th Ave N DONALD & RACHEL KROGH Lot 6, Block 1 2801 66th Ave N EARLE BROWN 1ST ADDITION Brooklyn Center, MN 55430 $1,226.25 ! i Q CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL July 26, 1993 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: Description: City's cost of water service or Fund /Code No.: other utility repairs which are the property owners' responsibilty but Levy Description: UTILITY REPAIR 93 which the City performed Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1994 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: September 13, 1993 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections. Deletions. Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $335.30 City Property: Other Public Property: Private Property: CITY OF BROOKLYN CENTER D SPECIAL ASSESSMENT CERTIFICATION ROLL UTILITY REPAIR 93 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 03- 118 -21 -11 -0010 89417 $335.30 3118 61st Ave N MICHAEL & DARLENE DALY Lot 9, Block 2 3118 61 st Ave N GREENLAWN Brooklyn Center, MN 55429 $335.30 O CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL July 26, 1993 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: N/A Levy No.: Description: Delinquent public utility service Fund /Code No.: charges Levy Description: DELINQUENT PUB UTIL 93 Levy runs one (1) year at an interest rate of ten Location: Various City Locations (10) percent. First payment, with property taxes payable in 1994 Improvement Hearing Date: N/A shall include fifteen (15) whole months' interest. Improvement Ordered On: N/A Date of Assessment Hearing: September 13, 1993 By Resolution No.: N/A Adopted On: Assessment District: N/A By Resolution No.: Method of Apportionment: Direct cost and administrative costs Corrections. Deletions. Or Deferments: Cost Summary From N/A Resolution No: TOTAL IMPROVEMENT COST: N/A Less Direct City Share: Less Other Payments: TOTAL TO BE ASSESSED: $21,943.13 CITY OF BROOKLY N ENE Q C T R n SPECIAL ASSESSMENT CERTIFICATION ROLL "++ DELINQUENT PUBLIC UTILITIES 93 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 01- 118 -21 -13 -0032 89560 $354.04 5821 Lyndale Ave N LEONARD & JUDITH SCHOLLEN Lot 14 5821 Lyndale Ave N LYNDALE RIVERSIDE ACRES Brooklyn Center, MN 55430 01- 118 -21 -31 -0108 90050 $157.16 5621 Camden Ave N THOMAS & MARY CHAPMAN Lot 1 5621 Camden Ave N SUPER'S ADDITION Brooklyn Center, MN 55430 01- 118 -21 -34 -0057 89225 $179.80 5405 Bryant Ave N MICHAEL & JODY SCHMAEDEKA Lot 4, Block 4 5405 Bryant Ave N BELLVUE ACRES Brooklyn Center, MN 55430 01- 118 -21-42 -0055 89385 $82.94 5519 Lyndale Ave N BRETT HILDRETH /GERARD MOSS Lot 19 5519 Lyndale Ave N GARCELON'S ADDITION Brooklyn Center, MN 55430 i 01 -118 -21-43 -0093 90112 $118.63 5445 Lyndale Ave N RALPH & GEORGENE GUNDERSON Lot 2, Block 1 5445 Lyndale Ave N WILLIAM N. SUPER ADDITION Brooklyn Center, MN 55430 02- 118 -21 -32 -0008 00204 $83.53 Brookdale Center EQUITABLE REAL ESTATE REGISTERED LAND SURVEY NO. 1469 American Express Tower World Financial Center 200 Vesui Street New York, NY 10285 02- 118 -21-41 -0075 89580 $105.71 5603 Knox Ave N FRANK & PATRICIA KREISER Lot 8, Block 3 6212 Sandpiper Court MEADOWLARK GARDENS Edina, MN 55436 02- 118 -21-41 -0076 89580 $293.02 5602 Logan Ave N RICHARD ARMSTRONG Lot 9, Block 3 5602 Logan Ave N MEADOWLARK GARDENS Brooklyn Center, MN 55430 02- 118 -21-44 -0133 89961 $293.02 5419 Humboldt Ave N LAWRENCE & PATRICIA MICKELSON Lot 2, Block 1 5419 Humboldt Ave N ROCKWELL'S SECOND ADDITION Brooklyn Center, MN 55430 03- 118 -21 -11 -0010 89417 $180.57 3118 61st Ave N MICHAEL & DARLENE DALY Lot 9, Block 2 3118 61 st Ave N GREENLAWN Brooklyn Center, MN 55429 03- 118 -21 -21 -0119 90090 $261.95 4207 61st Ave N MARGARET M. EIDE Lot 4, Block 3 4207 61 st Ave N WANGSTAD'S BROOKLYN TERRACE Brooklyn Center, MN 55429 I I CITY OF BROYN CENTER O SPECIAL ASSESSMENT CERTIFICATION ROLL DELINQUENT PUBLIC UTILITIES 93 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 10- 118 -21 -13 -0003 89010 $166.36 5001 Drew Ave N SPORTSMAN'S NEWS NETWORK UNPLATTED 10- 118 -21 5001 Drew Ave N Brooklyn Center, MN 55429 10- 118 -21 -13 -0003 89010 $38.35 5001 Drew Ave N SPORTSMAN'S NEWS NETWORK UNPLATTED 10- 118 -21 5001 Drew Ave N Brooklyn Center, MN 55429 10- 118 -21 -32 -0005 89210 $187.05 4708 Twin Lake Ave BYRON & NANCY MACH Lot 1, Block 1 Route 2, Box 540 ROBERT BARR ADDITION Pine City, MN 55063 10- 118 -21 -42 -0038 89963 $3,610.09 3401 47th Ave N RYAN LAKE PARTNERS -MN RYAN LAKE TERRACE 2911 Hillsboro Ave N New Hope, MN 55427 28- 119 -21-43 -0053 90059 $53.28 6924 Unity Ave N MARGARITA GAMBOA Lot 7, Block 1 803 W 11th St THE PONDS Roswell, MN 88201 33- 119 -21 -13 -0040 89344 $194.78 5301 Winchester Lane KENNETH JOHNSON Lot 19, Block 4 7816 119th Lane DONNAYS BROOK LYN GARDENS Champlin, MN 55316 3RD ADDITION 33- 119 -21 -41 -0060 89722 $147.66 6330 Perry Ave N JOYCE DOYLE (ESTATE) REGISTERED LAND SURVEY NO. 0755 6330 Perry Ave N Brooklyn Center, MN 55429 i 34- 119 -21 -13 -0053 89265 $48.08 6506 Drew Ave N EARL A. LEE Lot 10, Block 9 6506 Drew Ave N BROOKLANE Brooklyn Center, MN 55429 34- 119 -21 -14 -0008 89344 $85.13 6501 Noble Ave N ROSEMARIE TRIPLETT Lot 7, Block 1 3012 67th Ave N DONNAY'S BROOK LYN GARDEN Brooklyn Center, MN 55429 3RD ADDITION 34- 119 -21 -24 -0053 04708 $146.34 6501 Brooklyn Blvd WHITE PINE MANAGEMENT Lot 2, Block 1 7845 Brooklyn Blvd HAMMS SECOND ADDITION Brooklyn Center, MN 55443 35- 119 -21 -23 -0015 01424 $95.48 2812 67th Lane N THERESE MATTHEWS Lot 4, Block 1 2812 67th Lane N EARLE BROWN FARM ESTATES 2ND ADDN Brooklyn Center, MN 55430 CITY OF BROOKLYN CENTER O j SPECIAL ASSESSMENT CERTIFICATION ROLL a DELINQUENT PUBLIC UTILITIES 93 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 35- 119 -21 -32 -0116 00963 $166.83 2801 66th Ave N DONALD & RACHEL KROGH Lot 6, Block 1 2801 66th Ave N EARLE BROWN 1ST ADDITION Brooklyn Center, MN 55430 35- 119 -21-41 -0003 00259 $11,451.46 1501 Freeway Blvd INNCO REGISTERED LAND SURVEY NO. 1477 1501 Freeway Blvd. Brooklyn Center, MN 55430 35- 119 -21-41 -0003 00259 $51.47 1501 Freeway Blvd INNCO REGISTERED LAND SURVEY NO. 1477 1501 Freeway Blvd. Brooklyn Center, MN 55430 36- 119 -21 -21 -0116 89612 $42.62 6811 Colfax Ave N DAVID MILLER/JULIE NORMAN Lot 6, Block 1 6811 Colfax Ave N MORNINGSIDE ESTATES 2ND ADDN Brooklyn Center, MN 55430 I 36- 119 -21 -22 -0047 89767 $2,478.84 6800 Humboldt Ave N ROBERT & ALICE FOLEY REGISTERED LAND SURVEY NO. 1312 216 S Dunlap St St. Paul, MN 55105 36- 119 -21 -22 -0055 01615 $197.41 1300 68th Lane N TERRY & CAROL HARTMANN Lot 1, Block 2 6417 Zealand Ct HI CREST SQUARE ESTATES ADDN Brooklyn Park, MN 55428 36- 119 -21- 33-0014 89621 $602.10 6120 Lilac Dr N GERALD & KATHLEEN ROTHSTEIN Lot 24 6120 Lilac Dr N EDWIN E. NELSON'S 2ND ADDITION Brooklyn Center, MN 55429 36- 119 -21-42 -0016 01417 $69.43 6357 Lilac Dr N LYN BROOK PARTNERS Lot 2, Block 1 850 Decatur Ave N LYNBROOK BOWL ADDITION Golden Valley, MN 55427 $21,943.13 9 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT ROLL D e July 26, 1993 PROJECT INFORMATION LEVY INFORMATION Improvement Project No.: 1990 -10 Levy No.: Description: Reconstruction of 69th Ave N Fund /Code No.: Levy Description: 69TH AVE N. 90 -10 Levy runs ten (10) years at an interest rate of ten Location: 69th Avenue from Brooklyn Boulevard (10) percent. to Shingle Creek Parkway First payment, with property taxes payable in 1994 Improvement Hearing Date: March 26, 1990 shall include fifteen (15) whole months' interest. I Improvement Ordered On: March 26, 1990 Date of Assessment Hearing: September 13, 1993 By Resolution No.: 90 -66 Adopted On: Assessment District: By Resolution No.: Method of Apportionment: Corrections. Deletions, Or Deferments: Cost Summary From Resolution No: TOTAL IMPROVEMENT COST: $151,114.80 Less Direct City Share: $ Less Other Payments: $ TOTAL TO BE ASSESSED: $ City Property: Other Public Property: Private Property: $ CITY OF BROO CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL Q 69TH AVE. N. (90 -10) MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 34- 119 -21 -11 -0011 892281 $315.00 6843 York Place BRUCE SALINE Lot 9, Block 1 6843 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0012 89281 $315.00 6845 York Place DONALD & KATHLEEN WINN Lot 10, Block 1 6845 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0013 89281 $315.00 6839 York Place IRENE MEIER Lot 11, Block 1 6839 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0014 89281 $315.00 6837 York Place KRAIG & DONALD KUTZ Lot 12, Block 1 6837 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0015 89281 $315.00 6831 York Place ROBIN WARE -AVERY Lot 13, Block 1 6831 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0016 89281 $315.00 6833 York Place MARION SANDERSON Lot 14, Block 1 6833 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0017 89281 $315.00 6827 York Place BETTY ANDERSON Lot 15, Block 1 6827 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0018 89281 $315.00 6825 York Place WILLIAM MESENBRINK Lot 16, Block 1 PATRICIA CRANDAL EARLE BROWN FARM TOWNHOUSES 6825 York Place Brooklyn Center, MN 55429 34119 -21 -11 -0019 89281 $315.00 6808 York Place J.C. STEWARD TRUST DBA Lot 17, Block 1 RODNEY E. BERNU TRUST EARLE BROWN FARM TOWNHOUSES 6808 York Place Brooklyn Center, MN 55429 34- 119 -21 -11 -0020 89281 $315.00 6812 York Place BRUCE & MARJORIE WICKLAND Lot 18, Block 1 6812 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 CITY OF BROS CENTER Q SPECIAL ASSESSMENT CERTIFICATION ROLL A 69TH AVE. N. (90 -10) MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 34- 119 -21 -11 -0021 89281 $315.00 6814 York Place SHIRLEY WERRONEN Lot 19, Block 1 6814 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0022 89281 $315.00 6810 York Place MARQUERITE RICKSON Lot 20, Block 1 6810 York Place EARLE BROWN FARM TOWNHOUSES Brooklyn Center, MN 55429 34- 119 -21 -11 -0023 89281 $315.00 6813 York Place HENNEPIN COUNTY TAX FORFEIT Lot 21, Block 1 Government Service Center EARLE BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 34- 119 -21 -11 -0024 89281 $315.00 6811 York Place HENNEPIN COUNTY TAX FORFEIT Lot 22, Block 1 Government Service Center EARLE BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 34- 119 -21 -11 -0025 89281 $315.00 6809 York Place HENNEPIN COUNTY TAX FORFEIT Lot 23, Block 1 Government Service Center EARLE BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 34- 119 -21 -11 -0026 89281 $315.00 6805 York Place HENNEPIN COUNTY TAX FORFEIT Lot 24, Block 1 Government Service Center EARL BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 34- 119 -21 -11 -0027 89281 $315.00 6803 York Place HENNEPIN COUNTY TAX FORFEIT Lot 25, Block 1 Government Service Center EARLE BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 34- 119 -21 -11 -0028 89281 $315.00 6819 York Place HENNEPIN COUNTY TAX FORFEIT Lot 26, Block 1 Government Service Center EARLE BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 34- 119 -21 -11 -0029 89281 $315.00 6817 York Place HENNEPIN COUNTY TAX FORFEIT Lot 27, Block 1 Government Service Center EARLE BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 CITY OF BRO CENTER D SPECIAL ASSESSMENT CERTIFICATION ROLL 69TH AVE. N. (90 -10) MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 34- 119 -21 -11 -0030 89281 $315.00 6801 York Place HENNEPIN COUNTY TAX FORFEIT Lot 28, Block 1 Government Service Center EARLE BROWN FARM TOWNHOUSES 300 South 6th St. Minneapolis, MN 55487 34- 119 -21 -12 -0002 89100 $9,636.48 3515 69th Ave N MOUND CEMETERY AUDITOR'S SUBDIVISION NO. 025 11850 Mississippi Dr. Champlin, MN 55445 34- 119 -21 -12 -0038 90010 $1,415.00 6836 Ewing Ave N GORDON & JOANNE SANDAHL Lot 1, Block 2 6836 Ewing Ave N SANDAHL ADDITION Brooklyn Center, MN 55429 34- 119 -21 -21 -0003 89100 $3,157.14 6831 France Ave N CITY OF BROOKLYN CENTER Lot 3 6301 Shingle Creek Parkway AUDITOR'S SUBDIVISION NO. 025 Brooklyn Center, MN 55430 34- 119 -21 -21 -0004 89100 $1,578.57 4001 69th Ave N CHRISTOPHER JOELSON Lot 3, 4001 69th Ave N AUDITOR'S SUBDIVISION NO. 025 Brooklyn Center, MN 55429 34- 119 -21 -21 -0005 89100 $3,157.35 4101 69th Ave N GUMPERT & JOYCE GRUENKE Lot 3 4101 69th Ave N AUDITOR'S SUBDIVISION NO. 025 Brooklyn Center, MN 55429 34- 119 -21 -21 -0006 89100 $3,157.14 4011 69th Ave N HAZEL DAWSON Lot 3 4011 69th Ave N AUDITOR'S SUBDIVISION NO. 025 Brooklyn Center, MN 55429 34- 119 -21 -21 -0007 89100 $3,157.14 3955 69th Ave N RICHARD DAWSON Lot 3 3955 69th Ave N AUDITOR'S SUBDIVISION NO. 025 Brooklyn Center, MN 55429 34- 119 -21 -21 -0008 89323 $22,111.50 4215 69th Ave N LUTHER CO. LIMITED PARTNERSHIP Lot 1, Block 1 Go Motors Management CHRYSLER REALTY ADDITION 5353 Wayzata Blvd. Suite 204 Minneapolis, MN 55416 34- 119 -21 -21 -0009 89323 $60,824.20 6800 Brooklyn Blvd BRI -MAR CO. INC. Lot 2, Block 1 Attn: J. Abramovitz CHRYSLER REALTY ADDITION 7625 Metro Blvd. Edina, MN 55435 CITY OF BROC CENTER D SPECIAL ASSESSMENT CERTIFICATION ROLL 69TH AVE. N. (90 -10) I1 MUNICIPAL CODE NO. 22 PROPERTY ASSESSED OWNER ADDITIONAL NOTIFICATION LEVY PROPERTY ADDN. Address Name Name NO. IDENTIFICATION NO. NO. AMOUNT Legal Description Mailing Address Mailing Address 34- 119 -21 -21 -0029 89726 $1,578.57 4007 69th Ave N TRUMAN & JEAN HANSEN REGISTERED LAND SURVEY NO. 0806 4007 69th Ave N Brooklyn Center, MN 55429 35- 119 -21 -22 -0010 00584 $35,041.71 Shingle Creek & 69th Ave TOMORROW FOODS, INC. REGISTERED LAND SURVEY NO. 1499 3033 Excelsior Blvd. #475 Minneapolis, MN 55416 $151,114.80 I I CITY OF BROOKLYN CENTER Council Meeting Date July 26, Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD HANDY DEPT. APPROVAL: Trevor Hampton, Chief of Police MANAGER'S REVIEW/RECOMMENDATION: • No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _� �aF Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD HANDY WHEREAS, Richard Handy has served the City of Brooklyn Center as a patrol officer since January 8, 1962 and will retire from City employment on July 31, 1993; and WHEREAS, Officer Handy has a great comprehensive understanding of city ordinances, state statutes and federal laws; and WHEREAS, over the years Officer Handy has been a top ranked officer dealing with trouble areas such as traffic law enforcement problems including speeding, stop sign violations and overweight vehicles; and WHEREAS, over the years Officer Handy has shared his knowledge and personal time with Explorer Scouts Post 888, serving as Explorer Post Advisor from September 1985; and WHEREAS, Of f icer Handy is the only of f icer to serve under the four Brooklyn Center Police Chiefs and has kept abreast of the many changes he has experienced; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, that the dedicated public service of Richard Handy is recognized and appreciated by the City of Brooklyn Center and that the City wishes him a long and joyous retirement. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b member Y e and upon vote being g taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 7LA 6 93 Agenda Item Number �+ • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING A STATE OF MINNESOTA APPROVED TEMPORARY EARLY RETIREMENT INCENTIVE PROGRAM DEPT. APPROVAL: I' �uL/t.P,2d /Y a^4, in Charles Hansen, Finance Director MANAGER I S REVIEW /RECO1,M TI No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The attached resolution approves City participation in the Early Retirement Incentive Act authorized by the Minnesota State Legislature in Chapter 192, Laws of 1993. The program is designed to offer employees a choice between two incentives to retire early. First is an increase in their monthly PERA pension benefit of 1/4 percent for each year of service up to 30 years. This is to be paid by PERA at no additional cost to the City. Second is employer paid health insurance until the reach age 65. The program specifies that an employee Y g p gram must chose only one of these benefits, unless the City was already offering retirement health insurance, in which case they may choose both. The City of Brooklyn Center most recently reaffirmed its retirement health benefit with the adoption of the 1993 pay plan. This mean's that Brooklyn Center employees ployees would be eligible for both benefits. I The plan is designed encourage employees 55 and older to retire and applies to PERA Basic and Coordinated members. PERA Police and Fire members aren't covered because they were already able to retire at age 55 with a full pension. There are only three City employees who qualify to retire with this incentive. The only ne of these who has expressed Y P an interest is doing so is Robert Holmes, the Public Works Dispatcher. Another provision of the Act is that City cannot hire a replacement for a person who retires under this program until June 30, 1995, unless the City Council takes action to specifically authorize the hiring of a replacement for that position. We anticipate that the City will need to hire replacements for any of these employees who retire, so the Council should expect to see resolutions requesting such authority to hire. RECOMMENDED CITY COUNCIL ACTION Passage of the attached resolution. i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING A STATE OF MINNESOTA APPROVED TEMPORARY EARLY RETIREMENT INCENTIVE PROGRAM -------------------------------------------- WHEREAS, the Minnesota State Legislature has passed the Early Retirement Incentive Act (Chapter 192, Laws of 1993) granting cities and other political subdivisions the option to establish a uniform program to provide medical coverage and increased retirement annuities to encourage individuals to retire; and WHEREAS, the City of Brooklyn Center desires to provide employees who meet the State - imposed requirements incentive for taking an early retirement. WHEREAS, the eligibility requirements which the State imposes on the City are as follows: a. the program is optional, but if offered, must be open to all eligible employees. b. the program shall consist of: Option 1. An increase in the pension formula of 1/4 percent for each year of service up to the first 30 years at no cost to the city. Option 2. Employer paid health insurance for employees who are between ages 55 and 65. The employee must choose one of the above options unless the employer paid health insurance was available before this legislation was passed, in which case they may choose both. C. The City cannot hire a replacement for a person who retires under this program until June 30, 1995, unless the City Council takes action to specifically authorize the hiring of a replacement for that position, and WHEREAS, the eligibility requirements which the State imposes on the employee are as follows: a. be a contributing member of PERA's Basic or Coordinated pension plans. b. terminate public employment on or after May 17, 1993 but before January 31, 1994. RESOLUTION NO, C. be immediately eligible to draw a PERA pension upon termination of employment. d. be age 55 or older with at least 25 years of service in one or more qualified Minnesota public pension plans. e. be age 65 and have at least one year of service in one or more qualified Minnesota public pension plans. f. submit a completed Application for Retirement and Certificate of Early Retirement to PERA by January 30, 1994. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the early retirement incentive program be established according to the provisions of the State of Minnesota Early Retirement Incentive Act (Chapter 192, Laws of 1993) 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 OF BROOKLYN CENTER Council Meeting Date 007!22 Agenda Item Number ! 3 REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: FINAL PLAT APPROVAL - CADY ADDITION DEPT. APPROVAL: Sy Knapp, Director of Public Works MANAGER'S REVIEW/RECOMMENDATION: r , No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • On March 8, 1993, the City Council approved Planning Commission Applications Nos. 92001, 92002 and 92003, all concerning the redevelopment of the Phillips 66 site located at the northwest corner of the intersection of 69th Ave. No. and Brooklyn Boulevard. The proposed platting for CADY ADDITION involves the combining of the original Phillips 66 site with a residential property to the north. The purpose for the replatting is to provide a non - abutting condition between the applicant's proposed gas station /convenience store with car wash and adjacent residential properties. Please refer to attached drawings for location and plat detail. Because the proposed development involves improvements adjacent to highways under the jurisdiction of Hennepin County, preliminary drawings were forwarded to them for comment. Attached to this report is a copy of the correspondence from Hennepin County which summarizes their review and acceptance. Also attached is a memorandum from City Engineer Mark Maloney which details the conditions remaining for the release of the final plat. RECOMMENDED CITY COUNCIL ACTION The final plat of CADY ADDITION is recommended for approval, subject to the conditions as stated in the attached memorandum. • now �� '�, , .`gnu► , a• � � i+ — -- -- smas 1 1/■ ■/�'� ► IMF, an mm Mill Mill m mm Mill SEMEN ME NINO Mill MM MEN �n� �• �umlt �'�i� _��� \61'i�1\li�\It�� : � �� �� �1� �i j�,� Iii_ �_. n ►n ►� �- - /11111 - — - - �■ - ' -- -- - e- ■ ■■ (1111111 ►� ' - - MEN " � —� - ��:� •� -♦♦ ♦ � ��/: 11(1■■■ ■■�■��■� /�`•■ ��■■ ■ ■ ■ ■ ■ -� —... -- --m-M� • ■ ■ ■ ■ ■ ■ ■ ■1r�� 1111111 111111111111x/ �� C " - m� �11r - ■■■ ■ ■ ■ ■ ■ ■� �� ���9 1111111 X11111 ON - Mill ' �� 111 s 11 ■■■ ■ ■ ■ ■ ■ ■ ■ ■■■■ ■■■■�1� i►� . � /1111// 1111111111111- ♦ �� - -- ■■. . a ■ ■ ■ ■\ ■ ■ ■■ ■11 ! =111 11111111 �'�IIi�11lJ• /��i���� �:� C CC 111r .. . . -- -- •. ■■� -- -- -- �I � � �.`!► III � • 1/ -111■ � ■11111 111 -- -© �■n■ �- -- -- �� �/ . �� � /� �� � - �� � � �� Q �- �� ■iii i� �� -'- � �■/ ''� � ��� ��� 111 w ". -��� t • i iii i a� MMEM WE i- i ' i . ■ ■i Mill ME ONE US IN Will MMMll tom- • •1� �1 ■ ■ ■ ■ /11 ■■ 11 ■� ■ 111 � /E� - .c - ■ r - .� - ■ �- �i �� i� ��, • 11 CADY AWDITION R.T. DOC._ BIAM ALL P 3 BY T rrB eA&.CV Tut —1, N. C.dY rd A—y 1. Cedy, h••h•nd •nd sit•, Du e'. rd 1--t— eM —Beek 3­1— f•h, •United Bteu. of Wrlos corper.tion, sotto...• of W [ellwlnp du I' property •Ituaud te W CemrY of Mem.p,n, 6u4 of Nlnr•ou, tP of WC Ml N llei rortMUtwrlY of i rw� vitA tt dl 10 ] [eet c.r1Y o(�N< d• [Ined 11roCOUntY. �RPx B.9lmin. at .pint W • N Il of u-il 11, SameAlpp 119 IwttA, Penge 21 Piet dlst.n[ 160).6 tut Piet If W tern qu ry [h•r.o[I Wno. [vn norNw•u[ly • r •n91• of 93 d.9[ee1 20 .Snute. ]).S second. v1U u1d south •.coon 1W for B00 test end Wr• ur.rvel,q� AND Wt Phillipps 66 Ce.pany, a D 1l rorp'etlon, p 1 and proprietor .f the f,11—II de 11Oed p'op[ty ,Lweed In W CoontY of ­Pi-, Bute of .= to-v1t. Stitt A, 9.91.und Lud BurveY Yo. 1163, riles of Assist's of Title., C-1Y of Nemepte. .1 \ H_ csurd the sese to a surveyed and pl•tre,I u CMS ADBITI011 eM do tereDy datlacs end dedlute to the puhllc for public ues forever W Awnue teal W drain and utility 'As'se— u sham on W plat. \ o TCr lan victe,s .,uof esid Curti. H. Cady i AudKy Lee Cady hw INtr u •et their 1­1 1 role _ day of 19 Air Sn vhuof seld k Bsyxnp fet, . United pn stets, of Awl- aortlon, he .surd Wu pressor• to h e gv�1�Ey Ire prop•' otefur. this d.y at _ �., t9_. Alw te lime'' VYeot ".id PBillip 66 Co• etOy, . Del wra ­. I-, Iw eauwd Wu vr, to W te ,19n• U proper ^ S� roy 5. Cady SAYINGS rse, Mar Title Yue Title PNILLIYS 66 CTAD`ANT, (/ �,t��9 -•T Yre Title "A. Or ) g Mar Title •• 4t lm00SOTA me for ego" Wtrurnt y of by c-L. Cady and C.dy, vu ecpaledq.d hf.[e r Uls _da 19_, M. Audrey k. •I' •;)'_ OOID1Tf OS ) hwINmd aM vif.. ly ca�YrlrlaeuP -Ei+ tY' rte Q \ i�/ / d \ \ \ ,• BSATf Q xmmSOrAI Th• tor•pote9 lnstrvnt we aGmNladp•d hf- r this deY It 19 h]• Io i S / 1 , aM SV oe t5�'l ImsiIt O% i ti6 [Rte �. t RItY tY )ue cia corpnt m t o cn`t't [pox.11m� 4 \\ `e /• BLOCK 1 \\ tery o oty,ti 3 A �r \ ` 6� Nr CorLalon b ,P \ t' eTATI Ot NIIWSO'SA) SM for.9oln9 lu ,IseOc sotI -ijed tefar. r Nl, _ d y of o t9 by 1 1 lta of 76I p _•nr, a e_ eorw'.tlnn, oo rerwr. ' �`'��,o \ \ \ tt1 ••'� •',1 orlesi- -1r. CY, rte w, C `� 4 $ • •-1 •• :,• \ \ I hr•Ey prtl[y thec I hew surwyM W elected W property d.•crllvd rA Ufe list u CAIxy ADOITItl1I Wt this plat le • prr)ct uprs•.nutlm of uid r, ell \ Kul w pi.�. <m ee w he la: n :i wi w « .ia t m nd+ i .: « :1r e�:iw: e d '. .. - Crf1+W te N9 303.02, 3uh.1, Co h dsal�u[ad. j R Nlmewta Li= b. 12131 yc[ se \ � p - pKltiate Jmwl•d9•d lsfon r a Yot-V Puhllc, this day of u 0TH Ot Aluu A; T1r surv.yon p J.t[r•Y 1. Celr, MSm. 11cuw me, 2231. KIt - � s r ; b CorlaaMw •spivs f 8 - - - -- ..n - � lTa1L10.YY mrtal, HISB890YA, 69TH AVENUE N. up Nh -_� Thl. list n[ CID, KTITIDY w, .pProrsd aM ex•pud by W 01ty [a ocll of emoum M1m.rte, stela' Beer" W['•o[ hid N3. "y o[ __ •ppllcsEle, W vrltun oorente aM r.coreMatlaru oTtTi• Corlulaar oe Tr•uPOrutlm .M U. V a Tw /. .f k n, t , 1 t h IIFASUFiED- 180.9] - County N19hwY pglnwr hn hen [•c.lwd city. or W - pu,crlhed ]0 "Y pt1o0 Eu .laprd r Casa ere „ N..w•/ ^ Sp RLS No. 1163101.30 �95II ®Y sl CONC. Itha,r 1pc a[ wrL oorsnta sod nd.tlons, r provldW ty Ylm. Statute., leccton _'y R/'e Yenunwl /1/•��.`6� - 1 ski �J) 90).0] MCd. 2. 'le 13 It. • ._ .. .._. ... ... .. .. . ,,. ; xer ox mi r I \ N n c Y Nrt / • czrr alDlca. a 1P00a1YN mnvb IM1060YIA \\ et/ BY Mayor by - /1 .City Napeq.r . ... , .- ..r........ ., 8. Ge~w e . 1). ), . 1 : w 1n C_, N___, ._ sees ......... ' ., .. \ e.DelltrT to Ass, tesr.IC lavlml mAR11mS, mw r, :`: ::: , • •: •• sees. ._.- .._. -. --t , ,. .. .. ,.... br•Cy Kler SL.e tares pY•hie 1n I9_ .rd Prior y.r. ner. bu pld for 1W a•crlhd W, pAt. Dew mi. dsY of t) DItAs"A" AND UTYITY' EASEMENTS SHOW THUS: F-14, ". O'Cauwr, tl..n•pin Cana "It., H [Mputy nwm DlvrIIDB, Yrrrpte cant', YSm••ou. L 10 SCAM W FEET \ \ 2urwrlt is 1111'. 1SA1. Sec. ]a]h.ui llt6)), We Piet h. he•. _ro ed We der of u_. 0 30 60 90 ADISTaM Q T[Tl/, ms • le Caattr, Nten.rte. BEBI 10 FEET WDE AND ADA]IWNC fCGH T-01 Ay O DENOTES 1/I INCH BY 16 INCH IRON PIPE SET AND NMNND BY LICENSE N0. 12231 LUTES AND BEING S FEET sAOE AND MJpNwG 10 T 0 DEMOTES MEND RON MONUMENT. I w 14 WL the vlthlb list It CADT ADDMrBI v tilN is W, off Los Ws __ "Y Lb". ,5 %, _ 5 7NE F1r•T NOTE FOR THE PURPOSES .1 .1 PLAT, THE CLINE � ASSOCIATES IL LI NE OF ASSUMED E TO HAVER BEARING OF EAST LAND SURVEYORS, INC A. A. Du Grlem, ta9l etru of flu.. H_ MEMORANDUM DATE: July 21, 1993 TO: Gerald G. Splinter, City Manager FROM: Mark J. Maloney, City Engineer RE: Proposed Final Plat - CADY ADDITION City Council approval of the final plat CADY ADDITION has previously been recommended subject to the following conditions: 1. The final plat is subject to review and approval of the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The drainage and utility easement shown along the westerly boundary be revised to 3 feet in width to agree with the building setback as shown on the approved site plan. 4. The dedication portion of the plat be revised to reflect the comments and concerns of the City Attorney, according to his title examination dated July 13, 1993. 5. The owner of the platted property shall enter into a Maintenance and Utility Agreement with the City which will provide for the responsibility for the upkeep of any on -site, private utilities which connect to City-owned facilities. I have reviewed the final plat for CADY ADDITION and found it in conformance with the provisions of Chapter 15 of the City Ordinances. The drawings recently submitted do in fact reflect the previously requested revision in the drainage and utility easement. I recommend final plat approval (and subsequent release) subject to the satisfaction of conditions No. 4 and 5 as stated above. Mark J. Maloney, P. City Engineer DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South HENNEPIN Hopkins, Minnesota 55343 -8468 U—L PHONE: (612) 930 -2500 FAX (612) 930 -2513 TDD: (612) 930 -2696 March 29, 1993 Mark J. Maloney, P.E. City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Maloney: RE: Proposed Site Plan - Phillips 66 service Station CSAH 152/130, Northwest quadrant Section 27, Township 119, Range 21 Hennepin County No. 2048 Review and Recommendations We reviewed the above site plan and make the following comments: - No additional right of way required by Hennepin County along this segment of CSAH 152 at this time. - The 18 feet of additional right of way shown along CSAH 130 (69th Ave. No.) is acceptable to Hennepin County for future improvements to the intersection. - The closing of the driveways nearest the intersection and constructing 1 access on CSAH 152 and 1 access on CSAH 130 both further away from the intersection is acceptable to Hennepin County. - All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes, but is not limited to driveway removal, drainage and utility construction, trail development and landscaping. Contact our Permits Section at 930 -2550 for utility permit forms. - The developer must restore all areas disturbed during construction within County right of way. Please direct any response to Les Weigelt. Sincerely, Thomas D. Johnson, P.E. Transportation Planning Engineer TDJ /LDW:lw HENNEPIN COUNTY an equal opportunity employer CITY OF BROOKLYN CENTER Council Meeting Date 072 6/93 Agenda Item Number / ✓ ? b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINAL PLAT APPROVAL - BROOKDALE CHRISTIAN CHURCH ADDITION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy'/'knapp, ector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On April 26, 1993, the City Council approved Planning Commission Application No. 93002, which involved preliminary platting on behalf of the Brookdale Christian Center Assembly of God. The proposed platting for BROOKDALE CHRISTIAN CHURCH ADDITION involves the subdivision of approximately 6 acres of church -owned property into three lots and one outlot. The purpose for the proposed platting is to create two residential properties apart from the church use, and identify an area currently occupied by a baseball field as an outlot, with its future use yet undetermined. Please refer to attached drawings for location and plat detail. Because of the proposed creation of a residential lot which doesn't at this time have acceptable utility service or access to a public right -of -way, it will be necessary for the applicant to enter into a subdivision agreement with the City which will detail the responsibilities for the costs of providing adequate access to right -of -way and public utilities to the newly created residential lot. Such an agreement is currently being developed. Attached is a memorandum from City Engineer Mark Maloney which details the conditions remaining for the release of the final plat. RECOMMENDED CITY COUNCIL ACTION . The final plat of BROOKDALE CHRISTIAN CHURCH ADDITION is recommended for approval, subject to the conditions as stated in the attached memorandum. 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IM - -_- ". d N—.— My C�lsalm Din Cant Mimnau 4m Lr) n n W .( CL i Cmty d The fwgoiy inrttmm[ so .ckawrlad8d bda& s tNis dry of 199 by O f 2 iu ad by f u m • Otan.m bat Ndaasstl 7 Z $ Q n � i d Notumt boo M;mesots, N.A.. • oatimal bmklug assmiaum, on b h if of said alsotlatlwt. _5. ti Fse! _^ _ () = Orkwdo m d 9da hasol af's�a G U Y bs9d on Asosa sad Ophan O a0 12D 130 - • t- CO Notary Pobli, Cnunq, Ibm.seu _ , N M' fs.iosam bpi&; Sato d M_ I It " e TAX Itlfy D 0 at r r ILLS w. is tDBfI, tl•asPL Go Miasma Gamy of 1b• faneoiae !&stunt to arlmwd•Wed baf" as VUS day W I9 _. b lr s meaty tfi thays payWla 9d Prier yam, Nas• ka Paid Em lad daacrlbd m this poor, f4 and by d 4d tW do d 199 WLlrter's koe£it Assacuuan d [he Assmblis of f , MBA, A M;ssa•r1 relWas corporatlm. m Malt d IUd caryonum. Aatuk 8L Wc—. ILL Osry Aaditm lb bWt7 Notary rabic, (anry, Missotm BuyQ DITISIOI, RNSepi• f2mO. Mtaaao[o M' Calaaim 0rairys P_ to Mismma 8taitta Sac.. 387665 (1 %9) tkU plat has ban .Wtsd this dry of 195 I hoaby cwtify toot I n No --'W ad Wasted the loss' dnalbd m Uls Plat u WOMW2 CMST1M alial aaom N a toa[ ls plat Ls id aartry • cwryct ryprsstaum d said that 911 diet —as a& torrwtuy awo m sold plat N fan sod kadradtoo d • foot: Nat all amsasu Nas ham corryctly Placed Sa to, rated as asao Gwy F. X11, mosimp4 cow" mar N m sold Plat or dll ba placd u r 4o"d by No local Parer W colt u das;esatad m said plat: ad Nat Nan a& ass wetlands, u ddisad by NS SOS.01. &t L 1, 4 No 4afianatd m sold plat. ®AGAR CF TMJIN6 boo.". C s y. Mtssets Ra>amd A_ Prasch. L;cansd tad 9 s or 1 bmd" muff [Nat the dtN1a lboo eta d m— aou mto I.— No. 6743 Wet d morme2 ORIISIIM a+mi Ammo ae Mod L shoo 'flea N1. _ day S o` 19 e' cl_k _.k. Canty d 1Nmep;A Its (-rarefy — ayor'. tortiflu4 to ad..dd W bdon s this ___ d Prasdt, Licaesef Iaod 8muyor. d , 399 Nr b>amd .l L lti Orlon. kseist+v at Tium >4. �r Thane yraarA, items R+blic. Hatt', s CamtT. YIm. RRLMIN CINTEA, MINrt9]fA it' —ft Noss4r 19 S f>m 196 Ihis Plat Of at . ra CHRIMAN OLMM Aroma mrrrn ' o w ap mnd and accsptad by the City Coals it d No City of IN'wfl& Cstn, M>aeaou ftIl- swtiy N.' of bald Nis ' dry d , 199 . N /pplic bla. Ns [mitts _. and ressodotims d Na Cosnisalma of iTan aperuum ad too Cnmt> Midst / ho8laayr Nas' ban &Waled by Na Clry or Na P,—ibd 30 day perld bas ulapsd uithwn r d nrA --yarn and ntamdoums. u P-1dd br s4m. S'_. _m S0S.01, &W. No. 2. Cm OMMIL CF Md)=IN COM, MMaWTA �' Mryor bl Unseat MEMORANDUM DATE: July 21, 1993 TO: Gerald G. Splinter, City Manager FROM: Mark J. Maloney, City Engineer RE: Proposed Final Plat - BROOKDALE CHRISTIAN CHURCH ADDITION City Council approval of the preliminary plat BROOKDALE CHRISTIAN CHURCH ADDITION was contingent upon the following conditions: 1. The final plat is subject to review and approval of the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances, including the need for a subdivision agreement regarding the costs for utility service line extensions and hookups as well as extension of Vincent Ave. No. 3. The applicant shall apply for and receive the necessary approvals from the Shingle Creek Watershed Management Commission prior to final plat approval by the City Council. 4. Applicant shall provide an easement for access purposes over Lot 1 , Block 1 for access to the garage area of the existing single family home. 5. Approval of the preliminary plat comprehends PP ds the west roe line of t 2 P rY P P property rty Lo to be a front line for building set back property g P purposes. I have reviewed the final plat for BROOKDALE CHRISTIAN CHURCH ADDITION and found it in conformance with the provisions of Chapter 15 of the City Ordinances, and city staff are currently developing the above referenced subdivision agreement. I recommend that the Watershed approval condition be waived at this time; the platting of the northeasterly portion of the subject property as an outlot ensures that no development in or adjacent to the 100 year floodplain of Shingle Creek can occur until the outlot is replatted in some sort of buildable configuration. I believe that it would be more appropriate to seek Watershed approval at the time of future replatting. The applicant has yet to satisfy condition no.4, however, I have been assured that the applicant's land surveyor is developing the necessary legal descriptions and will file the easement after the plat is filed. Accordingly, I recommend final plat approval (and subsequent release) subject to the satisfaction of condition no. 4 as stated above. Mirk k J. Malone . Y City Engineer y g eer CITY OF BROOKLYN CENTER Council Meeting Date 7 N 93 Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Performance Guarantee Release ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT APPROVAL: RONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW RECOMMENDATION: 's��'%�:�5;�•:a�r No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) The following performance guarantee is recommended for release: • MAINSTREET DEPARTMENT STORE (KOHL'S) 2501 County Road 10 Planning Commission Application No. 87003 Amount of Guarantee - $20,000.00 bond Obligor - Federated Department Stores, Inc. An asbuilt survey for the above mentioned project has recently been submitted to, and accepted by, the Engineering Department. This was the only remaining item that needed to be completed for which we were holding a $20,000.00 guarantee. This bond had originally been reduced from $188,600 to $20,000 by the City Council on June 13, 1988 when the majority of the site improvements for this project had been completed. CITY OF BROOKLYN CENTER Council Meeting Date 7/26/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONMENDATION: V.tz 3A No comments to supplement this report Comments below /attached SUNEM ARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved b the i pp y c council. RECOMMENDED CITY COUNCIL ACTION Approve licenses. r Licenses to be approved by the City Council on July 26, 1993: MECHANICAL SYSTEMS Construction Mechanical Services, Inc. 1307 Sylvan Street Green Mechanical, Inc. 8811 East Research Center Road Wencl Services, Inc. 5301 Edina Industrial Blvd. Building Official , GENERAL APPROVAL: ani Sharon Knutson, Deputy City Clerk