HomeMy WebLinkAbout1999 04-12 CCP Regular Session AGENDA
t CITY COUNCIL STUDY SESSION
APRIL 12, 1999
6:00 P.M.
CONFERENCE ROOM B
1. City Council discussion of agenda items and questions.
2. General update and questions regarding police operations and code enforcement.
3. Miscellaneous
4.
Adjourn to Open Forum
J p
•
•
CITY COUNCIL MEETING Public Copy
• City of Brooklyn Center
April 12, 1999 AGENDA
1. Informal Open Forum With City Council - 6:45 p.m.
- provides an opportunity for the public to address the Council on items which are not on the
agenda. Open Forum will be limited to 1 minutes, it is not televised, and it may not be
used to make personal attacks, to air personality grievances, to make political endorsements,
or for political campaign purposes. Council Members will not enter into a dialogue with
citizens. Questions from the Council will be for clarification only. Open Forum will not
be used as a time for problem solving or reacting b to the comments made but, rather, for
hearing the citizen for informational purposes only.
a. Request of Richard Hauer Regarding Trees in the Southeast Street and Utility
Improvement Project
2. Invocation - 7 p.m.
3. Call to Order Regular Business Meeting
4. Roll Call
• 5. Council Report
6. Approval of Agenda and Consent Agenda
-The follotiving items are considered to be routine by the City Council and will be enacted
by one motion. There will be no separate discussion of these items unless a Councilmember
so requests, in which event the item will be removed from the consent agenda and
considered at the end of Council Consideration Items.
a. Approval of Minutes
- Councilmembers not present at meetings will be recorded as abstaining from the vote
on the minutes.
1. March 22, 1999 - Study Session
2. March 22, 1999 - Regular Session
3. March 29, 1999 - Special Work Session
4. March 29, 1999 - Special Work Session with Commission Chairs
b. Licenses
C. Resolution Appointing the Deputy City Treasurer
CITY COUNCIL AGENDA -2- April 12, 1999
d. Site Performance Guarantee Release
- Rainbow Foods (6350 Brooklyn Boulevard)
e. Resolution Accepting Bid and Authorizing the Purchase of One Four Wheel Drive
Tractor with Loader
f. Resolution Authorizing Execution of a Professional Services Agreement for the Final
Design of Improvement Project No. 1999 -16, Brooklyn Boulevard Enhancements
g. Authorizing City Manager to Enter into an Agreement with On -Site Sanitation for
Chemical Toilet Services
h. Resolution Authorizing Expenditure of Forfeiture Funds as Outlined in Attached
"Exhibit A"
i. Resolution Establishing Parking Restrictions on Dupont Avenue North, 55th Avenue
• North to 57th Avenue North
j. Resolution Accepting Bid and Authorizing the Purchase of One Self - Propelled
Pavement Marking Machine
k. Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 1999-
01, 02, and 03, Contract 1999 -A, SE Neighborhood Street, Storm Drainage, and
Utility Improvements
1. Resolution Accepting Bid and Awarding Contract for Voice/Data/Paging /CATV
Cabling and Ceiling Devices for Brooklyn Center Police Department, Improvement
Project No. 1998 -09
7. Council Consideration Items
a. Resolution Authorizing Execution of State of Minnesota 1999 COPS Overtime
Agreement
- Requested Council Action:
- Motion to adopt resolution.
b. Northwest Hennepin Regional Human Rights Commission
- Requested Council Action:
• - Council discuss.
CITY COUNCIL AGENDA -3- April 12, 1999
C. Resolution Opposing House File 1276
- Requested Council Action:
- Motion to adopt resolution.
d. Proclamation Declaring May 8, 1999, to be a Day of Spiritual Rededication and Prayer
in Brooklyn Center
- Requested Council Action:
Motion to adopt proclamation.
e. Set Date and Time of Work Session
- Requested Council Action:
- Motion to set April 20, 1999, at 7:00 p.m. in Conference Room B for Work
Session.
f. Policy Regarding Traffic Safety Signs
- Requested Council Action:
-This is a report to Council on current policy.
g. Resolution Recognizing the Designation of Brooklyn Center as a Tree City USA
- Requested Council Action:
- Motion to adopt resolution.
h. 53rd Avenue Greenway Report
- Requested Council Action:
-Report on status.
L Set Date and Time for Joint Meeting with Golden Valley, Crystal, Robbinsdale, and
New Hope City Councils Regarding Highway 100 Aesthetic Designs
- Requested Council Action:
- Motion to set date.
j. Resolution Relating to I- 94/694 and Zane Avenue North
- Requested Council Action:
- Motion to adopt resolution.
CITY COUNCIL AGENDA 4- April 12, 1999
k. Resolution Requesting the Hennepin County Department of Transportation and the
Minnesota Department of Transportation to Install a Traffic Control Signal System
on CSAH (Brooklyn Boulevard) at the TH 100 South Ramp Terminal
-Requested Council Action:
- Motion to adopt resolution.
1. Resolution Amending the 1999 Central Garage Budget and Authorizing the Purchase
of One Truck Type Dozer
- Requested Council Action:
- Motion to adopt resolution
m. Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower
#2 to Nextel for the Purpose of Installing Wireless Communications Antennas
- Requested Council Action:
- Motion to adopt resolution
n. Resolution Rejecting Bids for Communications Equipment, Improvement Project No.
1998 -09, Brooklyn Center Police Station
- Requested Council Action:
- Motion to adopt resolution.
o. Resolution of the City of Brooklyn Center Authorizing the Issuance of Its Multifamily
Housing Revenue Bonds (Shingle Creek Tower Project), Series 1999 in the Aggregate
Principal Amount of Not to Exceed $7,200,000, Which Bonds and the Interest and
Premium Thereon, If Any, Shall be Payable Solely From the Revenues of the Project;
Prescribing the Form of and Authorizing the Execution of an Indenture of Trust, A
Loan Agreement, Regulatory Agreement and Certain Related Documents; Authorizing
the Execution and Sale of the Bonds and Directing Delivery Thereof; Authorizing
Acceptance of the Bond Purchase Agreement in Connection with the Bonds; and
Providing for the Security, Rights, and Remedies of the Holders of Said Revenue
Bonds
- Requested Council Action:
- Motion to adopt resolution.
S. Adjournment
INVOCATOR
for
City of Brooklyn Center Council Meeting
April 12, 1999
CHRISTOPHER THAO
* 12 -Year Resident of Brooklyn Center
*Legal practice in Brooklyn Center until 1995
*Graduate of Bethel Theological Seminary, St. Paul with
Masters of Divinity (M.Div.) degree
*Currently completing his doctorate degree at Luther
Northwestern Seminary, St. Paul
ECN, 4/12/99
Richard J. Hauer and Angela J. Hauer
5706 Irving Avenue North, Brooklyn Center, MN 55430, (612) 561 -6935
April 6th, 1999
Honorable Myrna Kragness
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mayor Kragness:
At the Tree City USA Banquet recently held on April 1 st, 1999, I was in the audience and witnessed Ole
Nelson, Joyce Gulseth, and yourself proudly accepting the City of Brooklyn Center's 7th annual award.
The Tree City USA program is designed to award communities for their commitment to trees, the green
infrastructure of communities, through stewardship of the community forest. As a resident, I am pleased
with the efforts taken by Brooklyn Center to be honored with this award and complement the steps taken
to maintain and grow our community forest. Unfortunately, not all is well with our community trees,
specifically with trees marked for removal in the Southeast Street and Utility Improvement Project. Half
of the trees marked for removal are a legacy to the City of Brooklyn Center's commitment to their trees
through the communities Dutch elm disease sanitation program. The proposed deforestation of these
elms and other mature trees, in the reconstruction zone, however, is inconsistent with the wise
stewardship Brooklyn Center has shown with the green infrastructure. Further, these mature trees are
providing the benefits for which they were planted (e.g., shade, wildlife, storm water interception,
beauty, etc.) and would continue to do so with proper care for another 40 to 50 years.
I thank you for answering my questions Monday night, April 5th, 1999 and suggesting the open forum as
a means to express community input about the upcoming street reconstruction project in the Southeast
Street and Utility Improvement Project. I am submitting this letter in regard to resident concerns with
the sad state of affairs with trees marked for removal within project area. I can confidently state as a
professionally trained tree biologist, resident of Brooklyn Center, and a researcher that has studied the
effects of street reconstruction on tree health and survival that many of the trees marked for removal in
the reconstruction area can survive the construction P rocess. I have contacted and discussed my
concerns and professional opinion about keeping the green infrastructure with the Public Works Director
(Diane Spector) and City Engineer (Scott Brink). A photocopy of my letter to Mr. Brink sent on March
29th, 1999 is enclosed.
A meeting with Diane and Scott was held on Monday April 5th, 1999 in which Gary Johnson (Associate
Professor of Urban and Community Forestry and construction damage prevention expert), Tom Dunlap
(Certified Arborist and Owner of Canopy Tree Care), Mark Stennes (M.S. Plant Pathology and Dutch
elm disease researcher), myself (city resident, M.S. tree physiology and tree health specialist), and Joe
Lewandowski (long -term resident and concerned citizen) discussed the street reconstruction project; how
the reconstruction will affect the health and survival of trees; ways to avoid, minimize, and mitigate the
damage; and offered suggestions to incorporate the existing tree population or "Green Infrastructure"
into the project. We were encouraged that Diane Spector has taken our suggestions to heart and is
willing to seek further advice from Gary Johnson as an expert and outside unbiased evaluator of how the
trees in question can tolerate the construction process. Hopefully, the commitment for further evaluation
of the trees and how to minimize the loss and damage to nearly 90 mature and maturing trees remains
strong.
I ask you to seriously consider taking any action on accepting tree removal bids for the street
reconstruction project until a professional arborist is consulted to minimize the loss and damage of trees
from street reconstruction. Accept the offer of Gary Johnson, Associate Professor of Urban and
Community Forestry and researcher of tree responses to construction damage, to provide expert advice to
the City Engineering Department which has tentatively accepted his offer. I ask for your endorsement of
Gary's advice and to take prudent steps to minimize the damage and loss of trees during this summers
construction.
I also ask that steps be taken to prevent future tree and reconstruction conflicts by reevaluating policies
that affect trees during reconstruction. One method is adoption of a community tree board. Ole Nelson,
Brooklyn Center's community forester, I believe has advocated for creation of a tree board. Many
communities have enacted a tree board and Mr. Nelson's vision is a step that will benefit trees in
Brooklyn Center. I have enclosed a copy of the Overstory in which I wrote an article that suggests how
tree boards benefit communities.
A community voice such as through the tree board could serve to advice the council on tree issues for
which I and likely other community residents have blindly ignored. Example cases of tree damaging
practices that have occurred within the last few years include:
• trees needlessly subjected to construction damage since 1998 from soil fill and compaction along the
53rd avenue housing and greenway corridor project,
• from inadequate maintenance of trees planted along 69th avenue between Shingle Creek Parkway
and Humboldt avenue, and
• trees at the new police station on Humboldt have been damaged from construction activity within the
critical root zone.
I strongly believe that city government and the staff, professionals, and elected officials that direct the
important functions of Brooklyn Center are the stewards of the public's interest and trust. My
communications with professionals in the engineering department and yourself is not meant to slight
people whose actions I believe are harming the communities trees. Rather, as a citizen of Brooklyn
Center and professionally trained tree biologist, I bring to the attention of the City items which may be
common knowledge to myself and other trained and tree - literate people, but not to others who have
expertise in areas in which I lack knowledge. Thus, I respectfully ask that you seriously consider what is
occurring within the Southeast Neighborhood Street and Utility Improvement Project and take proactive
steps to minimize the loss and damage to trees within the project area and during the next 15 to 20 years
of street reconstruction in other areas of Brooklyn Center. If you have any questions, please feel free to
contact me at work (651- 296 -0592) or at home (612 -561- 6935). I look forward to the open forum
meeting on April 12th and proactively taking steps to stop tree loss and damage that can be successfully
abated.
Respectfully yours,
Richard J. Hauer
Resident and Tree Biology Expert
cc. Debra Hilstrom, Kay Lasman, Ed Nelson, Robert Peppe, Diane Spector
enc. Overstory issue 12(2), March 29th letter to Scott Brink
Richard J. Hauer and Angela J. Hauer —
5706IrvingAvenue North, Brooklyn Center, MN 55430, (612) 561 -6935
Mr. Scott Brink March 29, 1999
City Engineer
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Mr. Brink:
I am writing to you in regard to the numerous public trees marked for removal in conjunction with the
Southeast Street and Utility Improvement Project. As a resident of Brooklyn Center, a professionally trained
tree biologist, and researcher who as studied the effects that street reconstruction has on tree health and
survival, I ask that the trees currently marked for removal be reevaluated by professionally qualified personnel.
On Saturday March 27th, 1999 I toured the project area as outlined in the City Council minutes from March
8th, 1999 and concluded the vast majority of trees can tolerate the reconstruction process using standard tree-
' damage- mitigation practices. A colleague and ISA certified arborist, Tom Dunlap, also conferred with my
assessment that many of the marked trees can be saved. My estimate based on the March 27th, 1999 drive
through survey suggests at least 80 percent and possibly 90 percent or more of the trees can be left to benefit
the residents of the project area as their green infrastructure. Many of the trees are 3 to 6 feet back from the
current street edge. From my observation of previous reconstruction efforts in this area, the streets will not be
widened beyond current widths. This factor has a great impact on tree survival and if true I am confident about
the future survival of the marked trees if not removed. In addition, during a street reconstruction project in this
area that occurred during the summer of 1996 (or around 1996) on James Avenue between 53rd and 54th Street
North, boulevard trees that were 3 to 4 feet beyond the current curb edge were not removed and are showing
little impact from the street reconstruction process two years latter. This is consistent with research I was
involved with for the City of Milwaukee, WI. In that research effort, trees 3 to 4 feet beyond the root severance
zone had similar survival and tree condition ratings to undamaged control trees 5 years or more after street and
sidewalk repair. Further, research efforts by other scientists in which tree condition and health were monitored
after root severance and these damaged trees were compared to control trees, suggests that trees can tolerate
severing on one side. Thus, given my observations of the project area, expert knowledge of trees and response
to damage, and as a resident of Brooklyn Center, I am optimistic about saving the majority of currently marked
trees. I have compiled a list of marked trees and their relative tolerance to development in Appendix A.
As alluded to, standard techniques to minimize the impacts of tree damage can be implemented. Examples of
techniques include:
• tunneling utilities near trees instead of trenches,
• reducing the standard two foot soil disturbance behind curbs near trees to be saved to just enough to install
the curbs,
• educating homeowners about tree health care treatments to aid tree recovery from the damage, and
• enlist the services of a qualified construction damage prevention and mitigation consultant.
These are just a few suggestions I would like to discuss with you in the near future. Tentatively, I would like to
schedule a meeting on Thursday April 1st, 1999 at 3:30 p.m. Hopefully your schedule allows this time -frame
to work on short notice. If not, I would like to meet as soon after that date as schedules allow. I have asked
two professionals knowledgeable about tree biology and the effects of street reconstruction on trees to attend
the meeting. These two include Gary Johnson, Associate Professor of Urban and Community Forestry at the
University of Minnesota and Tom Dunlap, certified arborist and owner of Canopy Tree to attend. Gary
Richard J. Hauer and Angela J. Hauer
5706 Irving Avenue North, Brooklyn Center, MN 55430, (612) 561 -6935
Johnson has extensive experience with the effects of street reconstruction on trees and how to incorporate tree
damage mitigation plans into the construction process. Tom Dunlap has over twenty -years experience as an
arborist, specializing in maintaining tree health through arboricultural techniques. Further, Tom has been a
long -time resident of the north metro area- in Robinsdale from childhood through the current. Please invite
City of Brooklyn Center professionals and staff whom you feel have an impact on the longevity and survival of
the marked trees.
For the meeting I propose the following agenda and approximate time requirements:
1) Meet at city hall for introductions and brief overview of street reconstruction process by public works staff
and professionals (15 minutes)
2) Tour the Southeast Neighborhood Street and Utility Improvement Project area (30 minutes)
a) Start at Irving Avenue
b) Continue throughout select areas
3) End tour at James avenue between 53rd and 54th streets North (15 minutes)
4) Return to city hall and discuss the future direction of the project (30 minutes)
I suggest the meeting will last between 1.5 and 2 hours- which includes all phases of the meeting and travel.
I hope we can develop an understanding of the needs of the residents of Brooklyn Center and their trees, the
street reconstruction process, and how we can minimize the impact of the street reconstruction process on tree
health and maximize the benefit of the tree population in the project area to Brooklyn Center's green
infrastructure. Mature tree populations result from wise stewardship and the majority of the marked trees are
mature trees g rovidin benefits for which the planted- shade, beauty, property value appreciation, and
p Y were P
environmental functions such as storm water interception and wildlife habitat. Ironically, approximately 50
percent of the marked trees (elms) have been saved to date because of the stewardship by the City of Brooklyn
Center through their Dutch elm disease sanitation program. These trees along with the others will be lost through the current deforestation that will result without further action from the City of Brooklyn Center to stop
this loss of a community resource.
I look forward to a timely response and discussing the reconstruction project. The intention of my letter and
constructio rocess , but to merely
n
concern is not in any way to criticize personnel involved to date with the re P
provide additional insight and suggestions as requested in the City Council minutes from March Sth, 1999 as
stated: "This overall assessment of infrastructure and improvement needs in the neighborhood is based upon
the best information we have available. We will also be obtaining more information as our preliminary design
continues. However, residents of the neighborhood may have specific experiences and/or insights and
suggestions that we may not be aware of Further input from residents and property owners is therefore
encouraged and appreciated. " I am that resident and I have that specific experience and insight you are
looking for and appreciate your review of my letter and future action.
Sincerely,
W-- s (��_
Richard J. Hauer
Resident and Tree Biology Expert
cc. Diane Spector
Appendix A. Marked trees, Their Frequency, and Tolerance to Development Impacts
Tree Species Scientific Name Number Tolerance to
Affected Development
Impacts
American elm Ulmus americana 45 Good
Green Ash Fraxinus pennsylvanica 9 Good
Silver maple Acer saccharin um 9 Poor to
Moderate
Siberian elm Ulmus pumila 5 Good
Hackberry Celtis occidenialis 4 Good
Colorado spruce Picea pungens 3 Moderate
Norway maple Acer platanoides ( 3 Moderate to
Good
Boxelder Acer negundo 3 Good
Black locust Robiniapseudoacacia 13 Good
Eastern red cedar Juniperus virginiana 2 Good
Ironwood Ostrya virginiana 2 Moderate
Sugar maple Acer saccharum 1 Poor to
Moderate
Honeylocust Gleditsia triacanthos 1 Good
White poplar I Populus alba , 1 Not ranked
Total Trees all Species 91
Total Good Tolerance 72 Good
Total Moderate to Good Tolerance 3 Good to
Moderate
Total Moderate Tolerance 5 Moderate
Total Poor to Moderate Tolerance 110 Poor to
moderate
Total Poor Tolerance 0 Poor
Total not ranked 1 Not ranked
Source: Inventory of marked trees in Southeast Neighborhood Street and Utility Improvement Project
conducted by Richard James Hauer, March 27th, 1999. Tree tolerance to development impacts from
Matheny and Clark (1998). Trees and Development: A Technical Guide to Preservation of Trees
During Land Development. International Society of Arboriculture. Champaign, IL 183 p.
. \..�.! - - •�" � ' ' fly
r , OVERS I
Minnesota Department of Agriculture I Community Forestry Newsletter Gene Hugoson, Commissioner
U.S. is Rustling Up Wandering Longhorns
hey're big, they're hungry, and they
eat trees! What are they? Hint: it is
an illegal alien that slips into the 12,
country hidden inside raw wood crating Number 2
from China. Hint #2: it is a beetle or more
specifically a complex of beetles (several z
related species). Answer? Asian Fall 1998
longhorned beetle (ALB) formally known
as Anoplophora glabripennis. ALB has
finally got the attention of Agriculture
Secretary Dan Glickman who notes "the w
Asian longhorned beetle is a national pest
... that threatens to wreak major havoc on
trees everywhere." The federal
government estimates it could cause up to "This would
$138 billion in damages. What is at risk? make Dutch elm
Community forests, maple syrup producers, timber known U.S. populations are in Illinois and New York. disease look like
production, tourism, recreation, and property values, According to USDA officials, our risk is lower small potatoes."
among others, unless all ALB infestations are because Minnesota receives few shipments with -David Aaron, U.S.
discovered and promptly eradicated. larger crating, although that does not mean ALB may Undersecretary of
The ALB has been found infesting trees in two not have slipped in. We have found wood from China Commerce
m
states- New York and Illinois. In all cases the Minnesota with larval tunnels characteristic of ALB.
identified sites have been quarantined. Infested This is where you come in. As the local tree
trees will be cut, chipped, and burned in the winter. inspector, city forester, tree advocate, parks worker,
Trees are removed in the winter to avoid dispersal of etc., you are the eyes and ears in the field that might
adults to non - infested sites. If all goes well, this spot a beetle or hear reports of ALB. This article and
pest could be eradicated from North America. the complementary inset (page 3) on longhorned In This Issue:
ALB has been intercepted during federal inspections
beetles are intended to provide you with a guide to Rustling up
in California, New Jersey, Texas, Michigan, Illinois, understand sites at risk for ALB, how to identify the Longhorns .........1
Wisconsin, and New York. Is ALB in Minnesota? insect, and what to do if ALB is suspected. Cerambycidae...... 3
No ALB have been found in Minnesota during Information is also provided about the insect's life Sherburne County
surveys this summer by MDA and USDA. The only cycle and how we can help keep this pest at bay. This Tree Board ........ 4
Photo by Kennth R. Law, USDA APHIS PPQ task is not to be taken li ghtly! As David Aaron, U.S. Ash Diseases You
Undersecretary of Commerce for international trade Should Know..... 6
Qardim ALB This would make Dutch elm
Using osystem
said rem g
•_;'' -,:. Irk Q
disease look e small potatoes. ALB attacks many
species and so far clear cutting is the only cure- no Approaches
effective chemical treatment, no lure, and no M A1
°- biocontrol agents exist.
New Staff at the
What to Look For PMU Unit.......... 8
r ' ' The beetle: Adult ALB are large, have a black body Directory of Oak
g
Wilt Consultants 8
ti ti with white spots, and long antennae- hence the Asian
.r. Overstory Mailin
Q
"longhorned" beetle. See page 3 for specifics. Adult
ALB are active from May to October. List Update ......... 8
Adult Asian longhorned beetle and larval tunnels ALB, Continued on page 2
ALB, Continued from page I border of Minnesota is approximately 43° N. This
Signs of infestation: Two sure signs of damage are does not mean ALB can not survive our severe
caused by adult ALB from egg laying "pits" in bark winters. A population of ALB has survived winters in
and adults emerging from pupation. Adults further Chicago for possibly 5 to 7 years, suggesting it has a
damage bark and twigs during feeding, up to 40 days tolerance for midwestem winters.
(possibly longer) before mating on trunks and
branches. Even though the damage by itself.does not What to Do if You Suspect ALB
13 give 100 percent confirmation of the pest, it suggests If you encounter a beetle you suspect is ALB or you
the presence of ALB. Use these important signs to have questions about risks in your community, you
decide if further confirmation is needed: should contact either Kevin Connors at the USDA
• 1/4- to 1/2 -inch circular exit hole,
(612) 334 -4194 or Mark Schreiber at the Minnesota
Department of Agriculture (651) 296 -838$ for
• sawdust in branch crotches or at the tree base,
further instructions and information. Under the
• dead terminal branches, Federal and State Plant Pest Acts, it is the specific
• sap flows on trunk and branches, and
• cup- shaped depressions from egg laying. duty of the USDA in cooperation with the state
Department of Agriculture to intercept and eradicate
The larvae create large tunnels within the wood any such serious alien plant pests. It is always better
during feeding. Damage from larval feeding is what to isolate and eradicate such pests whenever possible
kills the trees. However, this damage is not a before they can spread. Although Asian longhomed
practical field identifying characteristic. It is only beetle has not been found in Minnesota, the more
apparent following tree or branch removal. eyes we have in the field looking for the pest to
Damaging larvae hatch from eggs within 1 to 2 weeks supplement USDA and MDA surveys the better off
we are. It is hoped that early detection and prompt
"Repeated after being laid. Young larvae (early instars) feed treatment, as seen in Illinois and New York, will
colonizing of the within the cambial region and older larvae (later keep this pest in check and prevent the catastrophic
sane tree may instars) feed throughout sapwood and heartwood.
Y damage we would see under a general infestation.
occur for several They can grow up to 2 inches in length and continue
years until the ... feeding for one or more years. The insect typically In response to the economic and environmental
tree dies. " overwinters as larvae and pupates for 2 to 3 weeks in threat of ALB, after December 17, 1998, China must
late spring or early summer. Adults then chew their treat all wood exported to this country to eliminate
way out of the tree and either repeat the process on the risk at the source. The alternative is status quo
the same tree or fly to another suitable host. and the loss of infested trees.
Repeated colonizing of the same tree may occur for
several years until the infected tree part or entire [[��
tree dies. Adults that fly to other trees are capable OVUD
lJIJRY
of traveling 1/4 to 112 mile in a single flight, maybe Department . n� of A i L Fo N ewkner
further, until a suitable host is found. Published quarterly by the
Is Your Community at Risk? Minnesota Department of Agriculture
Agronomy & Plant Protection Division,
The only way Asian longhomed beetles have been with support from other agencies and individuals.
known to enter the United States is in infested wood Gene Hugoson, Commissioner
used to make containers, crates, and pallets. Trees Greg Buzicky, Division Director
near businesses that receive goods shipped with Dwight Robinson, Pest Mgmt. Unit Supervisor
crating materials from China would most likely be Overstory Editorial Board
the first to be infested. Periodic inspection of trees Cindy Ash Peter Dziuk
near these locations would help with early detection Richard Hauer Ken Holman
of ALB. Businesses which import heavy goods (i.e., Gary Johnson Wendy McDougall
body building weights, equipment parts, etc.) are Jeff Rick Dwight Robinson
more likely to have ALB infested crating material. Address comments, article suggestions, news
Larger dimensional crating material (i.e., 4x4 or items, and photos to:
larger) are the most likely to have viable adults and Richard Hauer
larvae. If your community is at risk, USDA or MDA Overstory Managing Editor
may contact you. Although USDA attempts to Minnesota Department of Agriculture
90 West Plato Boulevard,
intercept all such shipments and order fumigation if St. Paul, MIN 55107 -2094
needed- some infested wood has slipped through and Telephone (651) 296 - 0592. Fax (651) 296 - 7386. ,
been distributed.
Material in this newsletter is not copyrighted. You
In China, the ALB covers a wide land area from 21 ° are encouraged to reprint Overstory material.
to 43° N latitude. For comparison, the southern Please credit the author of reprinted material.
A native beetle, the White- spotted sawyer (WSS), For pictures and links to other ALB sites, log on to
could be mistaken for ALB. Major differences are http : // willow. ncfes. umn.edu /asianbeetle/beetle.htm.
that ALB attacks hardwoods and the WSS attacks Use this to help with your diagnosis. In addition,
conifers. In addition, male WSS have a single white look for further information in the Spring 1999
spot at the top of the wing covers where they meet. Overstory issue on how to identify ALB.
The female WSS, however, is more easily confused
- since it's wings are black and mottled with white Dtivight Robinson and Richard Hauer (XIDA)
-spots, but remember WSS only attacks conifers and
ALB attacks hardwoods. El
Cerambycidae: Roundheaded Borers or
L onghorned Beetles wood. Most favor trees under stress. However,
some such as the Asian longhomed beetle (ALB)
dult members of this group of beetles tend will readily attack perfectly healthy trees of a wide
to be large, showy, abundant and widely range of species gradually so riddling the wood that
distributed. Their primary ecological role the tree easily breaks in the wind or dies from lack
is feeding on the dead or dying wood of trees- of water as all the vascular tissue is destroyed. In
making them more damaging to lumber than to living Minnesota, three common Ion -homed beetles attack
trees. However, many members of this group readily nursery trees: the linden borer, poplar borer, and
cross the line between living and dead trees and/or roundheaded appletree borer. Those common to
tree tissue. Adults of most species tend to be forests include the sugar maple borer, redheaded ash "Therrprh=rY
nocturnal and seldom seen. The immature form borer, white - spotted sawyer, white oak borer, and red ecological rale is
(larvae) spend their lives chewing u the wood oak borer.
b p y eedin on the
� .f g
tissue. Since these tend to be large insects, the dead ordyrng
larvae in a tree can do considerable damage to the Dwight Robinson (MDA) H,l of trees ...
Identifying Characteristics of Cerambycidae
I � W� .� • However, some
such as the Asian
Adults (called longhorned beetles): longhornedheetle
i
•Antennae side: Long, often greater than the body; 11 (ALB) will readily
segments; ALB antennae are much longer than body ' altackperfeetly
• Antennae color variable by species, some dull others "` ' ,. healthy trees..."
colorful; ALB antennae banded black and white
• Body size- Relatively large; ALB is about 1 1/4 inches long
• Body color. variable from dull to colorful; ALB is shiny black Asian longhorned beetle
with small white markings on wing covers aka "starry sky beetle"
Larval stage (called roundheaded borers): +`
• Larvae are fleshy, thin skinned, whitish yellow in color
• Cylindrical or slightly flattened tapering from head to tail end a;
• Head is slightly enlarged but not broad and flattened (the
"flatheaded borers "), hence the name "roundheaded" borers
• Larvae of roundheaded borers start feeding in cambium and i
move on through the sapwood into the heart wood
• Flatheaded borers feed between the bark and wood (cambium)
• Tunnels and exit holes are round versus oval or flattened as
seen with flatheaded borers such as bronze birch borer V °
Life Cycle of Asian Longhorned Beetle (ALB) Roundheaded and Faatheaded borers
• Adults lay eggs on cut logs, stressed trees, and healthy trees
• Eggs laid singly in "pits" in bark chewed out by female beetle. Host Trees of ALB:
Females each lay between 25 and 40 eggs, or more Maples (highly. susceptible)
• Larvae feed in tree for 1 to 2 years until they pupate and Black locust
i mature. Adults often infest the tree part year after year; Elms
branches and stems 2 inches or larger and roots of young and old Horsechestnut
trees are attacked larger
• Adults are active from July through September possibly Willows
through October
Sherburne County Tree Board is a
Steward of County's Forest Resources
he most successful tree programs usually concept would most likely have failed. The take
have community-based support. Public home message from this initial period is three -fold:
support comes through public involvement.
The Sherburne County Tree Board (SCTB) is an 1) a problem was identified (forest decline),
excellent case study of this. 2) the problem was packaged and presented to the
target audience (county residents and decision
Local residents witnessing a decline in the county's makers), and .
forests during the late 1980s formed the SCTB. 3) involvement and activity of local citizens lead to
Forest a plan of action to reverse the decline of forest
communities resources.
were
becoming These actions were followed by
more ' the rapid development of a draft
fragmented proposal in January 1990 for
and creating the SCTB and the first
development, board meeting in February. The
an oak wilt :� .. quick response was helpful in .. -
epidemic, and ¢ maintaining support versus
"The SCTB drought were g prolonged inaction during which
vision to protect, killing trees. - I the enthusiasm could have gone
preserve, and Without the ' + o dormant or died. Support for the
enhance the tree board, we forest resources was evident with
urban and rural could probably Factors affecting the county's forest resources more than 20 volunteer tree
forest resources end here and inspectors trained in April 1990.
of Sherburne place Sherburne County among communities,
County" townships, and counties that allowed the degradation The SCTB could not have gone far without financial
of forest resources to continue. Fortunately, the support. Fortunately the Sherburne County Board
Sherburne County story does not end here because supported the SCTB and the stewardship of the
of the SCTB and enlightened elected officials. county's forest resources. Support included the
SCTB's work can serve as a model for others to hiring of Tim Edgeton as the county's first Forest .
follow in preserving and shaping forest ecosystems.. Resources Specialist. Volunteers are a crucial part
of the effort in light of limited resources typical of
This article demonstrates the value of local tree many tree related activities throughout Minnesota.
boards. The SCTB is a model of what a local tree However,
Photo by Richard xauer. NmA
board can do for you and living proof of how a local volunteer efforts i
tree board is making a difference for trees, forests, without
and residents of Sherburne County. professional
direction and a
What Caused the SCTB to Sprout? The SCTB commitment of
vision "to protect, preserve, and enhance the urban financial
and rural forest resources of Sherburne County" resources are
grew out of the recognition that the oak resource often doomed.
(the major forest type in Sherburne County) was The SCTB
being damaged by insects, disease, drought- related provided both
U stress, and development. During the fall of 1989, a through Edgeton.
C.0�N�` ��.. series of informational meetings were held
county } throug out the to alert the citizens to the
� tS' - Oak Wilt
support for reversing this trend.
� oTtt39 d P roblem and gather su PP � Achievements.
Ken Olson, an extension educator from Sherburne Oak wilt was
County, was instrumental in organizing these quickly identified
meetings. He appealed to county citizens and public as a major factor
and private agencies for assistance and participation. impacting the
Without local interest and support, the SCTB forest resources. Tim Edgeton, Sherburne
County Forester
The SCTB took an active role in providing a matching time providing a valuable public service.
cost -share assistance to property owners for control
of oak wilt. This effort predated the 1992 federal What Makes the Tree Program a Success?
oak wilt suppression funds. To date, more than Successful tree programs like SCTB are rooted in
( 425,000 feet of vibratory plow lines have been local citizen input and involvement. In the interest of
Installed. That's more than 80 miles of line installed fiscal responsibility, programs that demonstrate
to save oak trees that would likely have become public support and community benefit are most
infected through root graft transmission of the likely to get funded. The hiring of Edgeton as afull-
disease. Once a site is treated, it is monitored for time Forest Resources Specialist for the county is
five years to determine treatment success and the also an important reason the SCTB has been
need for remedial root graft severing. - successful. However, according to Edgeton, "It is
the volunteers that make the SCTB become reality."
New infection centers are always a concern due to j "Twenty to 25 active volunteers provide countless
overland transmission of oak wilt. Identification of hours of dedicated assistance at monthly tree board
infected trees (more meetings, public
than 1,500 this year) , , , ,.. r , education events,
and removing trees " '' and planning what
posing a risk for projects the SCTB "It is the
overland transmission should act upon, volunteers that
of oak wilt is a vital Edgeton said." make the SCTB
part of any oak wilt became reality. "
control program. In Tree board
1997, 449 sites were members vary in
inspected for tree their knowledge of
problems and 177 oak -
- ;, � arboriculture or
wilt infection centers forestry, but their
rye
identified. Prudent collective vision
monitoring, property g P P e rtY � ' � � ' shapes the
owner notification, direction of the
,,and root graft severing o forestry program.
of treatable sites is Thus, the tree
leading to N board decides how
manageable levels of =local areas will
oak wilt. Support for = benefit from tree
the oak wilt treatment i�R . projects. The
program by property 9 SCTB professional
"Trees are a
owners is evident in 2 staff and members growing
that 75 percent who volunteer their . investment..."
Trees area growing investment, five years later -
received treatment in time put the vision
1996 and 84 percent received control work in 1997. to work and make this become a reality.
More Than Oak Wilt. Even though oak wilt Summary. A tree board serves to make the
continues to be an important threat in Sherburne collective vision for tree- related goals in a
County, the SCTB is about more than just oak wilt. community become reality. They often take the
Stewardship of the forest resource through form of the community melting pot, including
education, tree planting, reforestation, tree bankers, homemakers, store clerks, blue - collar
inspection, and consultation for all forest health workers, and white - collar workers. The level of tree
issues are equally important services provided by the literacy will likely vary among the tree board
SCTB. In fact, more than 50,000 trees have been members. That's fine, since it is their ideas that are
planted in the county since 1991- approximately one most important. Professional staff and trained "
for every citizen. Reforestation is an important part volunteers take the vision forward.
of reversing tree loss from oak wilt and increasing O�NI`' r
the diversity of the forests. The SCTB has put this concept to use and serves as a
,The SCTB provides environmental education model for other counties and communities to follow. d
- ,programs for groups of all ages. Programs vary from For more information on starting and/or using a tree
our communi ty, contact Tim Edgeton by
y
youth planting trees to courses for adults on oak wilt board in phone (612) 263 -8522 ore -mail (sctb @sherbtel.net). �
suppression, tree care, forest stewardship, and BOt' _
woodlot management. These education programs Richard Haver, MDA
help enlist greater public support while at the same
Three Ash Diseases You Should Know
reen ash is a widely planted shade tree Another disease of ash, as well as many other plant
oughout Minnesota. Several diseases species, is Verticillium wilt. Verticillium wilt is
of ash can render them very unsightly, caused by a soil -borne fungus that enters through then
weakening or even killing them. Trees can suffer roots. It has a very wide host range and can infect
from a many diseases but a few relatively common any time during the growing season. Verticillium
diseases on green ash in Minnesota include ash wilt can be mistaken for drought stress, salt damage,
anthracnose, Verticillium wilt and ash yellows. girdling roots and nutrient deficiency.
Insect damage, salt damage and other stresses such
as drought sometimes resemble disease symptoms, Symptoms may be chronic or acute and can vary
and vice versa. To avoid confusion and provide widely from tree to tree. Symptoms most often
accurate treatment options to the homeowner, appear in July and August and sometimes include a
knowledge of the organism is necessary. _ noticeable yellowing of leaves, wilting, and
Confirmation of the causal agent by a lab or plant scorched - looking leaf margins. In green ash, the
pathology consultant is suggested. leaves may also simply drop off the tree in the
absence of other obvious symptoms. Sometimes
Ash anthracnose is probably the most common only a portion or branch of the tree will appear
disease of green ash. It is caused by a fungus and affected or the whole tree may die in a very short
occurs during cool, rainy weather. It can be period of time. The greenish discoloration seen in
confused with ash plant bug and herbicide damage. the sapwood of infected maples is usually absent in
Individual trees vary in their susceptibility to green ash. The lifespan of trees suffering from
anthracnose to the extent that some trees may be chronic symptoms may be extended by keeping them
as healthy as
Disease Symptoms on green ash Treatment possible
through
Ash anthracnose Tiny purple or brown spots and /or None warranted unless tree has been ample
brown blotches on leaves, leaf defoliated 3 -5 years in a row or under _ watering and
distortion, defoliation other stress — use chlorothalonil,
mancozeb, or thiophanate fertilization.
Because this
Verticillium wilt Yellowing andlor wilting of leaves No chemical treatment available — fungus exists
and branches (sometimes only a keep tree well watered and fertilize (if in the soil and
branch or section of the tree is necessary) for tree health
affected); green leaves may drop has a very
off the tree without other obvious wide host
symptoms range, proper
Ash yellows Witches brooms with small, No chemical treatment available — identification
simple, chlorotic leaves; general keep tree well watered for tree health of the
decline or reduced growth without pathogen as
other obviuos symptoms the cause of
death is
infected every year and others only rarely or never at critical if considering another plant for the same
all. Initial symptoms on green ash include very small location. The Verticillium fungus can survive in the
(grain of sand - sized) purple or brown spots, soil for many years in a special survival structure that
sometimes with a cream- colored center, on young can germinate and infect susceptible roots that come
leaves. These spots may enlarge and coalesce into contact with it. There are no effective chemical
forming brown blotches. Leaves often become controls available.
distorted and drop and young shoots may be killed.
Defoliation and leaf browning cause homeowners a Ash yellows is much more difficult to diagnose than
great deal of concern, but treatment is generally not ash anthracnose and Verticillium wilt. It is not
warranted. Affected trees usually put out a second caused by a fungus but rather a plant inhabiting,
flush of leaves and make up for lost time later in the bacteria -like organism called a phytoplasma.
growing season. However, trees that have been Phytoplasmas cannot be grown in culture like fungi,
defoliated three to five years in a row might benefit so testing is more complicated and costly. Trees
from chlorothalonil, mancozeb or thiophanate infected with ash yellows may exhibit reduced
treatment at budbreak to prevent infection. The fungus growth, dieback, small, chlorotic leaves growing in
can overwinter on the ground in infected leaves and tufts at the end of branches, and witches' brooms.
twigs, so raking and disposing infected material may These symptoms resemble salt spray damage, which
help reduce infection the following spring can cause bushy growth at branch tips, and nutrient
deficiency. Leaves on ash yellows witches' brooms identification very important. Insect damage, site
tend to be simple, small and chlorotic. Green ash is stress, and pathogen damage can be easily confused.
thought to be more resistant to ash yellows than Correctly identifying the problem is important
white ash and may exhibit only a witches' broom or because the treatment methods for each are different.
no other obvious symptoms (although growth may be Knowledge of each condition, and/or relying on a
educed). Infected trees may look fine and live for plant pathologist or lab for diagnosis, will ensure that
many years with good care or become unsightly and any treatment is based on accurate information.
decline. - There are no effective chemical controls or Many tree diseases can be managed when you are
treatments and the biology of this organism is still armed with knowledge about the organism.
being researched. The lonb term effects of ash Controlling diseases like ash anthracnose,
yellows infection on a green ash dominated urban Verticillium wilt and ash yellows will help keep the
forest are not yet known. green ash in our community forests green.
The predominance of green ash in our urban, Wendy White - McDougall (MDA)
suburban and rural landscape makes disease
"Keeping Nature in your Community" Using
Ecosystem Approaches in Community Projects
e OF NAT(/
he Minnesota Department of Natural As a participant you will receive two full days (8:00
Resources in cooperation with Tree Trust a.m. - 4:30 p.m.) of hands -on training from local and
and support from the Minnesota Legislature national experts on a 4 -step process to plan and F
is sponsoring workshops for local officials, city implement natural resource -based projects. The Urban& Community
planners, zoning officials, developers, builders, workshop will also include information on Forestry Program
Lakeshore associations, technical advisors, Minnesota's natural communities, use of the Natural
environmental consultants, and interested citizens Heritage Information System, and key information on
who are ecosystems. Registration is
developing a S 130 and includes all meals
'community-based Upcoming workshop Dates: an d resource materials. A
The i
m number o
limited bf $100
November 17 -18, 1998 Fargo/Moorhead TREETRUST
workshop will Scholarships are available to
assist groups November 20 -21, 1998 Brainerd citizen volunteers.
working on Registration for scholarship
such as a March 5 -6, 1999 To be determined
projects recipients is $30. Space is
comprehensive March 9-10,1999 Rochester limited to 50 people per
natural resource workshop. To register
or open space contact Mark Wever at Tree
plan, a watershed man agement initiative, a natural Trust by phone: (612) 920 -9326, fax: (612) 920 -
area/riparian protection and/or restoration project, 4558, or e -mail: treetrust @willow.ncfes.umn.edu. Markyour
or a sustainable communities initiative. Calendar
Y.1
MSA Fall Workshop Update: The calm ,
between the storms, time to look back and plan ahead ... Minnesota
Society of
T he calm between the storms is a perfect time Program agenda: Arboriculture
to sit back and learn what goes right or wrong Lessons Learned, Katie Himanga
with tree populations following storms. Insight Decision Making with Problem Trees, Gary Johnson
from major storms and how to handle them is the Rigging Dangerous Trees, Tom Dunlap
theme of the 1998 MSA fall workshop on Thursday Crane Use for Tree Removal, Dave Nordgaard
December 3, at Hennepin Technical College in Eden Case Studies:
Prairie. Tree care experts will be presenting topics of . Communication, Don Phillips
interest to arborists, community forestry managers,
.)ree care company owners, tree inspectors, consulting 'Handling Debris, Dave Cordie
foresters, and others. The program features speakers • National residential Tree Care, Eric Melby
who will be educational and entertaining. To learn • Local Residential Tree Care, Jim Walsh
more about the program, contact Katie Himanga (65 1) Place: Hennepin Technical College, Eden Prairie, MN
345 -4976 or Tom Dunlap (612) 536 -0550. Date: December 3, 1998
Commissioner We /comes Moth program coordinator Peter Dziuk, and
municipal pest control coordinator Doree Maser.
New MDA Staff
I am pleased to report the Minnesota Department of Gene Hugoson, Commissioner
Agriculture's Pest Management Unit recently
' welcomed two new staff members to its ranks. Director/ of Oak Wilt
Wendy White - McDougall and Richard Hauer will be
' supporting the unit's efforts to monitor and control Consultants in Minnesota
pests that impact forests and ornamental plants Do property owners ask you for advice about
throughout the state, and they will spend much of professionals who work to control oak wilt? If so,
their time working on issues such as gypsy moth the Minnesota Department of Agriculture can help
control, terrestrial exotics, tree inspector you. The MDA recently updated two directories: (1) -
certification, oak wilt, and producing the Overstory. oak wilt consultants and (2) companies that sever
root grafts. Companies that offer oak wilt
Wendy White - McDougall has an undergraduate management services were surveyed this summer and
Updates degree in ecology and a master's degree in plant their responses were collected and summarized.
pathology from the University of Minnesota. Prior Property owners should find the double -sided single .
from the to coming to MDA, she worked for several years in page directories easy to follow. Local oak wilt
MDA, Pest private industry and the University of Minnesota's program managers or property owners are
Management Extension Service and Department of Plant encouraged to contact Richard Hauer at (651) 296-
Pathology. At MDA, she will work with the gypsy 0592 to obtain a copy of both directories.
Unitll! moth and terrestrial exotics programs and she will .
contribute to the Overstory publication.
Overstory Mailing List Update
Richard Hauer has an undergraduate degree in urban Your help is needed to update the Overstory mailing
forestry from the University of Wisconsin- Stevens list! Have you moved recently? Is your neighbor
Point, and a master's degree in forestry and tree receiving their Overstory copy but you are not?
physiology from the University of Illinois at Urbana! Perhaps your name is misspelled or th e address
Champaign. He has worked for several years in suggests you live in Brooklyn Center when in fact
forestry and natural resources consulting, as a tree you live in Brooklyn Park, or vice versas. Maybe C_
care practitioner, and as a tree inspector. At MDA, copies of the Overstory are mailed to,people no
he will coordinate the tree inspector certification longer employed at your company or municipality.
program and the oak wilt control pro He will also The mailing list was updated this year for address
assist with our exotic pest survey and treatment, and he changes and to remove duplicate mailings. This
will help produce Overstory. process, however, is not fail -safe. ' Please contact
Richard Hauer at (651) 296 -0592 or at the address
I welcome Wendy and Richard to MDA. I am sure they listed below for corrections. Your assistance will
will be excellent additions to the top -notch PMU staff, help to keep the Overstory in the hands of those who
which includes supervisor Dwight Robinson, Gypsy want it and save money in the process. .
6RY Bulk Rate
oVERSTY _ — U.S. Postage
Minnesota Department of Agriculture Paid
Minnesota
Plant Protection Division St. Paul, MN
90 West Plato Boulevard Permit No. 171
St. Paul, MN 55107 -2094
ADDRESS SERVICE REQUESTED
Printed on recycledpaper with soy ink
City Council Agenda Item No. 6a
•
•
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
is OF HENNEPIN AND THE STATE OF MINNESOTA
STUDY SESSION
MARCH 22
1999
CITY HALL
CALL TO ORDER STUDY SESSION
The Brooklyn Center City Council met in study session and was called to order by Mayor Myrna
Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert
Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane
Chambers, Community Development Director Brad Hoffman, Public Works Director Diane Spector,
City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum.
Mr. McCauley started the study session with information received earlier this afternoon on the
Shingle Creek Tower Project.
Council discussed the information and their concerns regarding the Section 236 Program. It was the
consensus of the Council to hear from Mr. Boisclair this evening t the Council meeting.
. g
1. COUNCIL DISCUSSION OF AGENDA ITEMS
Councilmember Lasman had questions on a few of the agenda items.
Councilmember Hilstrom noted that she would not participate in the discussion of item 9a.
2. COUNCIL DIRECTION ON PREPARATION OF AGENDA FOR MEETING
ON MARCH 29TH WITH COMMISSION CHAIRS
Mr. McCauley requested direction from the Council on preparation of the agenda for the
Commission Chairs meeting on March 29, 1999. Council discussed options for the agenda and it
was the consensus of the Council to have Mr. McCauley prepare a rough draft.
3. DISCUSSION OF I -94 IMPROVEMENTS AND ZANE AVENUE
INTERCHANGE ISSUE:
- FUTURE RESOLUTION FOR COUNCIL CONSIDERATION BASED ON
BROOKLYN PARK COMPREHENSIVE PLAN TO UPDATE /CHANGE
AUGUST 13, 1990, RESOLUTION
03/22/99 -1- DRAFT
Mr. McCauley discussed this item will be placed on the April 12, 1999, agenda and was given to
them at this time to give them an opportunity to review the previous resolution.
4. COPY OF LETTER CONFIRMING TERMINATION OF PRIVATE
REDEVELOPMENT AGREEMENT WITH BOULEVARD SHOPPES, LLC
(69TH AND BROOKLYN BOULEVARD)
Mr. McCauley stated this was an executed copy of the letter confirming termination of the private
redevelopment agreement with Boulevard Shoppes, LLC.
5. OTHER
No other information discussed.
6. ADJOURNMENT
Study session adjourned at 6:47 p.m.
City Clerk Mayor
03/22/99 -2- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
® OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
MARCH 22, 1999
CITY HALL
1. INFORMAL OPEN FORUM WITH CITY COUNCIL
CALL TO ORDER INFORMAL OPEN FORUM
The Brooklyn Center City Council met in informal open forum and was called to order by Mayor
Myrna Kragness at 6:47 p m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert
Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane
Chambers, Community Development Director Brad Hoffman; Public Works Director Diane Spector,
City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum.
. INFORMAL OPEN FORUM
Judy Broeren and Janet Hungerford, residents of Brooklyn Center, appeared before the Council to
discuss closing the exit ramp at 50th and Highway 100. Ms. Broeren and Ms. Hungerford are
concerned with the number of people speeding and running through the stop sign at this location.
They informed the Council that they had been in contact with the Minnesota Department of
Transportation (Mn/DOT) and that Mn/DOT was agreeable to closing the exit ramp. Both Ms.
Broeren and Ms. Hungerford wanted to know what the City is doing to help this situation.
Public Works Director Diane Spector reported the City is waiting to hear from Mn/DOT and the
County to make a decision on the situation. Ms. Spector discussed that a traffic signal would need
to be installed at Highway 100 before the closure of the exit ramp at 50th and Highway 100, and
until the decision is made to do so, this closure would be detoured as the intersection could not
handle the additional traffic safety without traffic lights.
Ms. Broeren and Ms. Hungerford expressed their concerns again about the safety and wanted to
know what could be done to speed the process up. Mayor Kragness suggested a resolution stating
the City is agreeable to this closure and having a petition from the neighborhood gathered by Ms.
Broeren and Ms. Hungerford sent to Mr. Mike Opat, Hennepin County Commissioner.
It was the consensus of the Council to have a resolution prepared and presented to the Council at the
April 12, 1999, City Council meeting.
03/22/99 -1- DRAFT
Ms. Broeren asked what is going to happen with the house that recently burned down on Zenith
Avenue North. Mr. Hoffman reported a resolution has to go before the Council to condemn the
house. This resolution will be on the April 12, 1999, City Council agenda.
ADJOURN INFORMAL OPEN FORUM
A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the
informal open forum at 6:58 p.m. Motion passed unanimously.
2. INVOCATION
Pastor Gloria Roach - Thomas, Brooklyn United Methodist Church, offered the invocation.
3. CALL TO ORDER REGULAR BUSINESS MEETING
The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna
Kragness at 7:02 p.m.
4. ROLL CALL
Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert
Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director
Jane Chambers, Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector,
City Attorney Charlie LeFevere, and Recording Secretary Maria Rosenbaum.
5. COUNCIL REPORT
Councilmember Hilstrom reported her absence of the March 8, 1999, City Council meeting was due
to the National League of Cities Conference in Washington, D.C.
Councilmember Lasman reported she attended the Park and Recreation Commission meeting and
the Crime Prevention meeting.
Councilmember Nelson reported he was elected to serve as the Liaison on the Housing Commission.
Mayor Kragness reported that the Heritage Festival was held on March 21, 1999, and that the City
received a plaque for their support.
Mayor Kragness informed the Council there will be a fund raiser on April 17, 1999, to help raise
money for the death of one student and one injured last year. A copy of the flyer will be posted at
the Community Center.
03/22/99 -2- DRAFT
6• APPROVAL OF AGENDA AND CONSENT AGENDA
A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the agenda
and consent agenda. Motion passed unanimously.
6a. APPROVAL OF MINUTES
A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the minutes
from the March 8, 1999, regular session, and the March 15, 1999, special work session. Motion
passed unanimously.
6b. LICENSES
A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the following
list of licenses. Motion passed unanimously.
COURTESY BENCH
Ameribench Company 4215 Winnetka Avenue, New Hope
MECHANICAL SYSTEMS
Advanced Energy Services 3650 Annopolis Lane, Plymouth
DJ's Heating and A/C 6060 LaBeaux Avenue, Albertville
• Delmar Furnace Exchange 4120 83rd Avenue North, Brooklyn Park
RENTAL DWELLING
Initial:
Karen Pelak 5319 & 5321 Queen Avenue North
Renewal:
Bobby Robson 1107 57th Avenue North
Center Park Senior Apartments Maranatha Place
J M Benson Shingle Creek Tower
Lutheran Social Service of Minnesota 3612 55th Avenue North
Lutheran Social Service of Minnesota 6018 Admiral Place
Morning Star Investments 1519 Humboldt Place North
Nancy Dahlquist 4700 Lakeview Avenue North
SIGN HANGER
Twin Cities Sign Images, Inc. 17201 113th Avenue North, Osseo
6c. APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING
LICENSE (BINGO/RAFFLE APPLICATION) FOR EARLE BROWN
ELEMENTARY SCHOOL ON APRIL 23, 1999
03/22/99 -3- DRAFT
A motion by Councilmember Lasman, seconded by Councilmember Nelson to approve the
application for exemption from lawful gambling at Earle Brown Elementary School on April 23,
1999. Motion passed unanimously.
6d. RESOLUTION DESIGNATING 1999 PLANTING LIST OF ALLOWABLE
BOULEVARD TREE SPECIES
RESOLUTION NO. 99 -40
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION DESIGNATING 1999 PLANTING LIST OF ALLOWABLE BOULEVARD TREE
SPECIES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
6e. RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK
PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT
PROJECT NOS. 1998-07, CONTRACT 1998 -J; 1998 -18, CONTRACT 1998 -K;
AND 1998 -19, CONTRACT 1998 -L, STREET IMPROVEMENTS, 68TH AND
LEE AVENUES NORTH, JOHN MARTIN DRIVE AND JAMES AND 67TH
AVENUES NORTH
RESOLUTION NO. 99 -41
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION APPROVING CHANGE ORDER NO. 1, ACCEPTING WORK PERFORMED
AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NOS. 1998 -07,
CONTRACT 1998 -J; 1998 -18, CONTRACT 1998 -K; AND 1998 -19, CONTRACT 1998 -L,
STREET IMPROVEMENTS, 68TH AND LEE AVENUES NORTH, JOHN MARTIN DRIVE
AND JAMES AND 67TH AVENUES NORTH
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
6f. RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE
POLICIES AND THE INSURANCE AGENT FOR 1999
RESOLUTION NO. 99 -42
Councilmember Lasman introduced the following resolution and moved its adoption:
03/22/99 -4- DRAFT
RESOLUTION AWARDING CONTRACTS FOR CITY INSURANCE POLICIES AND THE
• INSURANCE AGENT FOR 1999
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
7. PUBLIC HEARINGS
7a. PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR
DISEASED TREE REMOVAL COSTS, DELINQUENT WEED REMOVAL
COSTS, PUBLIC NUISANCE ABATEMENT CHARGES, AND
DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS
- Resolution Certifying Special Assessments for Diseased Tree Removal Costs to the
Hennepin County Tax Rolls
- Resolution Certifying Special Assessments for Delinquent Weed Removal Costs to
the Hennepin County Tax Rolls
- Resolution Certifying Special Assessments for Public Nuisance Abatement Charges
to the Hennepin County Tax Rolls
- Resolution Certifying Special Assessments for Delinquent Public Utility Service
Accounts to the Hennepin County Tax Rolls
Mr. McCauley suggested to open the public hearings for all the above listed special assessments.
• A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to open the Public
Hearings. Motion passed unanimously.
No one wished to address the Council.
A motion by Councilmember Peppe, seconded by Councilmember Nelson to close the Public
Hearings. Motion passed unanimously.
RESOLUTION NO. 99 -43
Councilmember Lasman introduced the followin a
resolution and moved its adoption:
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED TREE REMOVAL
COSTS TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
RESOLUTION NO. 99 -44
Councilmember Lasman introduced the following resolution and moved its adoption:
03/22/99 -5- DRAFT
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WEED
REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
RESOLUTION NO. 99 -45
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR PUBLIC NUISANCE
ABATEMENT CHARGES TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
RESOLUTION NO. 99 -46
Councilmember Lasman introduced the following resolution and moved its adoption:
RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC
UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
S. PLANNING COMMISSION ITEMS
8a. PLANNING COMMISSION APPLICATION NO. 99002 SUBMITTED BY
BROOKDALE CORNER LLC (JOHN JOHANNSON). REQUEST FOR SITE
AND BUILDING PLAN APPROVAL TO REDEVELOP THE PROPERTY AT
THE SOUTHWEST CORNER OF XERXES AVENUE NORTH AND
COUNTY ROAD 10 WITH A CUB FOODS STORE AND THREE OTHER
COMMERCIAL BUILDINGS. THE PLANNING COMMISSION
RECOMMENDED APPROVAL OF THIS APPLICATION AT ITS MARCH
11, 1999, MEETING.
8b. PLANNING COMMISSION APPLICATION NO. 99003 SUBMITTED BY
BROOKDALE CORNER LLC (JOHN JOHANNSON). REQUEST FOR A
VARIANCE FROM SECTION 35 -400 TO ALLOW BUILDING SETBACKS
OF LESS THAN 50 FT. ALONG MAJOR THOROUGHFARES. THE
PLANNING COMMISSION RECOMMENDED APPROVAL OF THIS
APPLICATION AT IT MARCH 11, 1999, MEETING.
03/22/99 -6- DRAFT
Mr. McCauley suggested that Planning and Zoning Specialist Ron Warren discuss items 8a and 8b
• together. Mr. Warren discussed Planning Commission Application Nos. 99002 and 99003 submitted
by Brookdale Corner LLC (John Johannson) requesting site and building plan approval to redevelop
the property at the southwest corner of Xerxes Avenue North and County Road 10 with a Cub Foods
Store and three other commercial buildings, along with a request for a variance from Section 35 -400
to allow building setbacks of less than 50 -feet along major thoroughfares. The Planning
Commission recommended approval of both applications at its March 11, 1999, meeting subject to
the following conditions:
1. The building plans are subject to review and approval by the Building Official with
respect to applicable codes prior to issuance of permits.
2. Grading, drainage, and utility plans are subject to review and approval by the City
Engineer prior to the issuance of permits.
3. A site performance agreement and supporting financial guarantee in an amount to be
determined based on cost estimates shall be submitted prior to the issuance of permits
to assure the completion of the project.
4. Any outside trash disposal facilities and rooftop or on- ground mechanical equipment
shall be appropriately screened from view.
S 5. The buildings are to be equipped with an automatic fire extinguishing system to meet
NFPA standards and shall be connected to a central monitoring device in accordance
with Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in all landscaped areas to
facilitate site maintenance.
7. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City
Ordinances.
S. B -612 curb and gutter shall be provided around all parking and driving areas with the
exception of the front entrance area where this may be waived to assist grocery cart
maneuverability and handicap accessibility.
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 applicant shall provide appropriate erosion and sediment control devices on the
® site during construction as approved by the City Engineering Department.
03/22/99 -7- DRAFT
12. The storm water drainage system shall be approved by the Shingle Creek Watershed
Management Commission prior to issuance of permits.
13. All work performed and materials used for construction of utilities shall conform to
the City of Brooklyn Center's current standard specifications and details.
14. The final lat
approved b the City Council combining this site into a sin
P PP Y tY g le lot shall g
be filed with Hennepin County prior to issuance of building permits.
15. Construction and relocation of driveways along County Road 10 and Brooklyn
Boulevard are subject to issuance of driveway permits from Hennepin County.
16. The cost for roadway improvements including median breaks, relocated driveways,
and turn lanes shall be born by the applicant.
17. Approval of this application is contingent upon the granting of variances from the 50-
foot major thoroughfare setback comprehended by Planning Commission
Application No. 99003 allowing a 40 -foot setback from the southwest corner of the
building and the Brooklyn Boulevard right -of -way and a 35 -foot setback from "retail
building B" and the rights -of -way on Xerxes Avenue North and County Road 10.
18. Plans shall be modified to show:
a. Masonry screen walls at the truck dock and trash areas.
b. Vines to be planted along the retaining wall screening the site from Brooklyn
Boulevard.
Mr. Warren reported that the request for a variance from Section 35 -400 to allow a 40 -foot building
setback along Brooklyn Boulevard at the Cub Foods building and a 35 -foot building setback for a
retail building located at the corner of Xerxes and County Road 10 was approved on the basis of the
following:
1. The variance is consistent with the recommendations of the Brooklyn Boulevard
studies that recommended non - residential buildings be allowed to be built closer to
the street right -of -way along Brooklyn Boulevard.
2. The above precedent can be established for other major thoroughfares.
3. The standards for variance particularly with respect to hardship and not being
detrimental to the public welfare or injurious to other land or improvements in the
neighborhood are met.
Mr. Johannson informed the Council that the demolition will start within the next week or two and
that the construction will begin for the Cub Foods in June with completion sometime between
Thanksgiving and Christmas. The construction on the other buildings will begin sometime between .
July and September.
03/22/99 -8- DRAFT
A motion by Councilmember Lasman, seconded by Councilmember Hilstrom to approve Planning
Commission Application Nos. 99002 and 99003 subject to the above listed recommendations.
Motion passed unanimously.
9. COUNCIL CONSIDERATION ITEMS
9a. BILL BELLM REQUEST FOR CHANGE IN VEHICLE WEIGHT
RESTRICTIONS
Mr. Bellm addressed the Council regarding his recent request for a change in vehicle weight
restrictions and informed the Council that he no longer is requesting a change. After receiving the
background information he understands the restrictions, however will need time to locate a
permanent location for his work vehicle. It was the consensus of the Council to allow Mr. Bellm
90 days from April 1, 1999, or the date he needed, to temporarily park his work vehicle on his
property while he looks for a permanent location to park his work vehicle.
9b. RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE
BROOKLYN CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL
EARLE BROWN DAYS PARADE AND SUNDAY IN CENTRAL PARK
ACTIVITIES
Mayor Kra ness noted this resolution was to express appreciation for the gift of the Brooklyn Center
Y g p pp b y Ce er
Lions Club in support of the annual Earle Brown Days parade and Sunday in Central Park activities.
RESOLUTION NO. 99 -47
Councilmember Hilstrom introduced the following resolution and moved its adoption:
RESOLUTION EXPRESSING APPRECIATION FOR THE GIFT OF THE BROOKLYN
CENTER LIONS CLUB IN SUPPORT OF THE ANNUAL EARLE BROWN DAYS PARADE
AND SUNDAY IN CENTRAL PARK ACTIVITIES
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
Nelson. Motion passed unanimously.
9c. STAFF REPORT RE: BLEACHERS
Mr. McCauley reported that the recent inventory discussed had been completed. None of the City's
41 bleacher sections meet the recently proposed building code.
While the existing leachers do not meet the proposed codes at a minimum all of the bleachers have
g ,
P P
a back rail, and about half have side rails. All are in fair to excellent condition, and none are so
hazardous that they should be immediately removed.
03/22/99 -9- DRAFT
Mr. McCauley suggested staff continue to assess and reassess the bleachers until more information
is available about the code revisions, legislative actions, and cost information. It was the consensus
of the Council to have staff continue assessing the City's bleachers.
9d. NORTH METRO MAYORS ASSOCIATION RESOLUTION EXPLORING
THE ESTABLISHMENT OF THE NW HENNEPIN DEVELOPMENT
COALITION
Mr. McCauley discussed that North Metro Mayors Association is requesting a formal resolution
regarding discussions to evaluate the potential for establishing a Northwest Hennepin Development
Coalition. At this time, continued discussions and exploration would seem to be appropriate, but
any potential coalitions would need to be evaluated in light of City Council priorities, budgetary
constraints, and staff time availability. Mr. McCauley recommended continuing these informal
discussions without adoption of a formal resolution. It was the consensus of the Council to continue
informal discussions without adoption of the resolution.
9e. RESOLUTION AUTHORIZING THE ISSUANCE OF $7,200,000 IN
REVENUE BONDS TO FINANCE THE ACQUISITION AND
REHABILITATION OF SHINGLE CREEK TOWER AT 6221 SHINGLE
CREEK PARKWAY AND APPROVING THE ADMINISTRATION OF SAID
PROGRAM
Mr. McCauley discussed this resolution authorizing the issuance of $7,200,000 in revenue bonds to
finance the acquisition and rehabilitation of Shingle Creek Tower at 6221 Shingle Creek Parkway
and approving the administration of said program has changed since the bonds were first approved
last year and asked Mr. Boisclair to discuss the changes.
Mr. Boisclair explained since the preliminary approval was granted, the State has placed a priority
on the retention of the Section 236 Program. The differences between the original program given
preliminary approval and the current program are in the rents paid and the amount of money that
must be used per unit in rehabilitation.
Council discussed with Mr. Boisclair the concerns they had regarding the financial aspect of the
Section 236 Program and if this change would-change the conditions from the preliminary approval.
Mr. Boisclair informed the Council that there is no negative effect with the changes, it only lowers
residents rents.
Councilmember Peppe stated that he was not comfortable with making a decision on this resolution
this evening.
Councilmember Hilstrom asked Mr. Boisclair if it would make a difference if this resolution was
not adopted this evening and adopted at the April 12, 1999, City Council meeting to allow the
Council to have further discussion on the Section 236 Program. Mr. Boisclair responded that would
not be a problem and that he needs to have the escrow bonds by May 5, 1999.
03/22/99 -10- DRAFT
A motion by Councilmember Hilstrom, seconded by Councilmember Peppe to table this resolution
to April 12, 1999, and set a work session for further discussion for March 29, 1999, at 6:00 p.m. in
Conference Room B. Motion passed unanimously.
9. ADJOURNMENT
A motion by Councilmember Hilstrom, seconded by Councilmember Lasman to adjourn the meeting
at 8:03 p.m. Motion passed unanimously.
City Clerk Mayor
I
03/22/99 -11- DRAFT
• MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL WORK SESSION
MARCH 29, 1999
CITY HALL - CONFERENCE ROOM B
CALL TO ORDER
The Brooklyn Center City Council met for a Special Work Session at Brooklyn Center City Hall
and was called to order by Mayor Myrna Kragness at 6:00 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert
Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane
Chambers, and Recording Secretary Maria Rosenbaum.
SHINGLE CREEK TOWER PROJECT
Stephen Wallace, Attorney at Law from Peabody and Brown, discussed the project is currently
i encumbered by a HUD Section 236 Mortgage held by Fannie Mae. HUD provides interest reduction
i payments (IRPs) to subsidize the interest rate on the mortgage note. The Developer has proposed
that in order to maintain the IRPs, the City would need to agree to hold the mortgage under the HUD
mortgage. This is a new program that was first used on a recent California project which allows the
IRPs to remain in place since the Section 236 mortgage held by Fannie Mae is purchased by the City
with a portion of the proceeds of the bonds. In addition, a 1998 Minnesota law which requires a 12
month notice to all tenants, the Metropolitan Council and the municipality, upon termination of any
federally insured mortgage program would not be required.
The City would enter into an IRP Agreement with HUD pursuant to which HUD would agree to pay
the IRPs to the City. The City would assign the IRPs to the Trustee pursuant to a participation
agreement and use the IRPs to pay a portion of the debt service on the revenue bonds. The City
would also be required to enter into a regulatory agreement with the developer. The City's
obligations under the regulatory agreement are to be the "primary regulator" for the project. The
City's duties under the regulatory agreement are to regulate compliance with HUD rules and
regulations and include monitoring compliance with affordability restrictions, tenant occupancy
requirements, physical condition of the project, and financial monitoring. The City would give HUD
an annual report on these matters.
03/29/99 -1- DRAFT
Council discussed the concerns they had with the project and the obligations the City would incur
with this new program.
Mr. McCauley suggested researching having another agency hold the mortgage on the project such
as the Metropolitan Council. Mary Ahern, representative from the Metropolitan Council, advised
the Council that this would be something new for the Metropolitan Council, however, she would be
willing to bring before the Metropolitan Council and suggested the Council prepare a proposal to
help move the project forward. Ms. Ahern also suggested contacting the Minnesota State Housing
Financing Agency.
Mr. Boisclair stated that he had checked with the Minnesota State Financing Agency and they were
not able to meet the time line requested.
It was the consensus of the Council to check other agencies to hold the mortgage on the project.
ADJOURNMENT
Council adjourned the meeting at 7:07 p.m.
City Clerk Mayor
03/29/99 -2- DRAFT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL
• OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
SPECIAL WORK SESSION WITH COMMISSION CHAIRS
MARCH 29, 1999
CITY HALL
CONFERENCE ROOM B
CALL TO ORDER
The Brooklyn Center City Council met for a Special Work Session with Commission Chairs at
Brooklyn Center City Hall and was called to order by Mayor Myrna Kragness at 7:10 p.m.
ROLL CALL
Mayor Myrna Kragness, Councilmembers Debra Hilstrom, Kay Lasman, Ed Nelson, and Robert
Peppe. Also present: City Manager Michael J. McCauley, Assistant City Manager/HR Director Jane
Chambers, and Recording Secretary Maria Rosenbaum.
The following Commission Chairs were present:
Donn Escher - Financial Commission
• Jay Hruska - Financial Commission (Vice- Chair)
Tim Willson - Planning Commission
Ernie Erickson - Housing Commission
Bud Sorenson - Park and Recreation Commission
DISCUSSION OF FOCUS FOR COMMISSION WORK THROUGH CITY COUNCIL
AND
ALLOCATION OF STAFF RESOURCES AND NUMBER OF MEETINGS
Mayor Kragness asked for input from each of the Commission Chairs regarding what direction the
Commissions are moving and what changes they would like to see.
Mr. Escher discussed a Financial Task Force was started in 1991 and that times have changed. The
Financial Commission use to meet once a week when forming the Task Force and then as times
changed, the Financial Commission met once a month, maybe twice. Currently, the Financial
Commission waits for City Manager or Council direction.
® 03/29/99 -1- DRAFT
i
Mr. Willson stated that most of the Planning Commission's work comes from the application
process. He believes the Commission understands the Council's role and is comfortable with
changes when they arise.
Mr. Erickson believes the Housing Commission initiatives come from within the Commission. He
reported that the Commission met last month and brain stormed the following ideas for future issues:
► Town homes in Brooklyn Center
► Apartment Living
► Safer Housing
► Humboldt Avenue Green way
► Citizen Complaints for Code Enforcement
► Housing as Contains to Comprehensive Plan
The Housing Commission will be meeting on May 18, 1999, and will be taking a bus tour to look
at problem properties.
Mr. Sorenson discussed the Park and Recreation Commission deals mainly with Jim Glasoe, CARS
Director. There is a Council Liaison for the Park and Recreation Commission that is normally at all
meetings.
Councilmember Hilstrom stated that she would like to see what the roles of each Commission will
be in the next year to make sure the Council and the Commissions are moving in the same direction.
She also asked the Commission Chairs what they thought about presentations with the Council.
Mayor Kragness asked the Commission Chairs to discuss the issues raised this evening at their next
Commission meeting and prioritize the roles for 1999. The Council could then discuss the
Commission's prioritized lists at the work session on May 17, 1999, and report back to the
Commission with any changes or comments. It was noted that the Financial Commission will not
meet before the May 17, 1999, work session and will forward a prioritized list to Council after its
meeting.
PLANNING FOR APRIL 19, 1999, COMMISSION RECOGNITION
Mayor Kragness asked the Commission Chairs if they had any suggestions other than the certificates
as done in the past and if they would be comfortable with a brief introduction by Commission Chairs
of their members.
The Commission Chairs were asked to contact Commissioners to inform them of the recognition on
April 19, 1999, and that an invitation will soon follow. This event will be held at Constitution Hall
at 7:00 p.m. on April 19, 1999.
03/29/99 -2- DRAFT
Councilmember Nelson suggested having the names of Commissioners printed in the local paper to
have Commissioners recognized in that format also.
ADJOURNMENT
Council adjourned the meeting at 9:03 p.m.
City Clerk Mayor
03/29/99 -3- DRAFT
s
City Council Agenda Item No, 6b
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Maria Rosenbaum, Deputy City Clerk
DATE: April 7, 1999 vl '
SUBJECT: Licenses for Council Approval
The following companies /persons have applied for City licenses as noted. Each company /person
has fulfilled the requirements of the City Ordinance governing respective licenses, submitted
appropriate applications, and paid proper fees.
Licenses to be approved by the City Council on April 12, 1999:
AMUSEMENT DEVICE
AmericInn Motel and Suites
MECHANICAL SYSTEMS
Dave's Refrigeration 1601 37th Avenue NE, Columbia Heights
Forced Air Incorporated 4131 Old Sibley Memorial Highway, Eagan
General Sheet Metal Corporation 2330 Louisiana Avenue North, Minneapolis
Minnesota Heating and Air Conditioning, Inc. 10701 93rd Avenue North, Maple Grove
Riccar Heating and Air 2387 Commercial Boulevard NW, Andover
River City Street Metal, Inc. 9928 Bluebird Street NW, Coon Rapids
MOTOR VEHICLE DEALERSHIP
Bob Ryan Oldsmobile 6700 Brooklyn Boulevard
Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard
Brookdale Ford 2500 County Road 10
Iten Chevrolet Company 6701 Brooklyn Boulevard
RENTAL DWELLING
Renewal:
Bartholmew Dabrowski 5001 Ewing Avenue North
Michael Cederberg 7230 West River Road
Minnesota Lakes Realty 873 -77 70th Avenue North
Norman Chazin Carrington Drive
Orval Hage 1807 70th Avenue North
Paul Henkel 3012 -18 51st Avenue North
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
City Council Agenda Item No. 6c
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Charlie Hansen, Finance Director
DATE: April 5, 1999
SUBJECT: Resolution Appointing the Deputy City Treasurer
In January of each year, the City Council has passed a resolution designating the financial
institutions which are authorized as depositories of City funds. The resolution also names
City officials who are authorized to conduct business on behalf of the City with the
depositories.
Timothy R. Johnson had been named as deputy city treasurer in Resolution 99 -04. He
recently accepted the position as finance director of another city. Robert M. Sundberg has
been appointed to replace Mr. Johnson as assistant finance director. He should also be
appointed as deputy city treasurer.
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION APPO INTING THE DEPUTY CIT TREASURER
WHEREAS, Section 7.01 of the City Charter provides the City Council with authority
over City funds, including the safekeeping and disbursement of public moneys; and
WHEREAS, Section 7.10 of the City Charter provides that City funds shall be
disbursed by check bearing the actual or facsimile signature of the city manager and the city
treasurer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, as follows:
1. that the City Council authorizes the city manager, the city treasurer, or the
deputy city treasurer to act for the City in any of its business with the depositories. All
checks drawn upon an account of the City shall bear the actual or facsimile signature
of the city manager and the city treasurer.
2. that the city manager is Michael J. McCauley, the city treasurer is Charles R.
Hansen, and the deputy city treasurer is Robert M. Sundberc .
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor
thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6d
•
MEMO
To: Michael J. McCauley, City Manager
From: Ronald A. Warren, Planning d Zoning Specialist -
/ 7'�
g g
Subject: Site Performance Guarantee Release
Date: April 6, 1999
The following site performance guarantee being held by the City for the completion of various
site improvements, should be recommended to the City Council for release:
Rainbow Foods
6350 Brooklyn Boulevard
Planning Commission Application No. 96008
Amount of Guarantee - $125,000 (Performance Bond)
Obligor - Kraus Anderson Construction Co
Kraus Anderson Construction Company has posted two performance bonds to assure the
completion of the site improvements for the Rainbow Foods development plan which includes
the Rainbow store and an approximate 9,600 sq. ft. freestanding retail building housing
Hollywood Video and other tenants. (The Walgreen's building and related improvements are
part of a separate performance agreement and financial guarantee.) One of the guarantees is in
the amount of $125,000 and was posted to assure the completion of the general site
improvements related to this project. The other guarantee, in the amount of $35,000, was posted
to assure the completion and viability of the landscape improvements related to these two
buildings. All conditions for which the performance guarantee was posted have been completed
with the exception of submitting an as -built survey of the property, improvements and utility
service lines. It is also necessary to assure that the design of the ponds meets Watershed
Commission approval. It is impossible at this time to assure the viability of the landscape
improvements for this project. Kraus Anderson has requested the release of these guarantees.
It is recommended that the City Council authorize release of the $125,000 site performance
guarantee and retain the $35,000 guarantee pending submission of the as -built survey,
verification of pond design and the assurance of the viability of the landscape plantings through
this winter.
City Council Agenda Item No. 6e
•
MEMORANDUM
DATE: April 6, 1999
TO: Michael McCauley, City Manager �f
FROM: David L. Peterson, Public Works Superintendent
SUBJECT: Resolution Accepting Bid and Authorizing Purchase of One Four Wheel Drive
P b g
Tractor With Loader
The 1999 Central Garage Fund budget includes $36,700 for the replacement of 4209, a 1987
Ford Tractor. Sealed bids were opened on March 24, 1999. Two bids were received as follows:
Company Bid . '
Greenberg Implement Inc. $28,499.40
Carlson Tractor Inc. $29,159.40
Good bid prices were available on this tractor due to factory incentives and excellent trade -in
price. We promoted the fact that our trade -in was in good shape through documentation of
proper maintenance done at our facility. This is another benefit of our Central Garage EMS
(equipment maintenance system). The Case tractor from Greenberg Inc. came in at a lower price
® with specified options than the Ford New Holland tractor from Carlson Inc. on the base bid with
no options. This is due to factory incentives from Case.
In conclusion I recommend accepting the bid of Greenberg Implement Inc. and authorizing
purchase of one four -wheel drive tractor and loader bucket.
•
Member introduced the following resolution and moved
® its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AUTHORIZING PURCHASE OF ONE FOUR
WHEEL DRIVE TRACTOR WITH LOADER
WHEREAS, $36,700.00 was appropriated in the 1999 Central Garage Fund budget
for the replacement of City Equipment #209, a four wheel drive tractor with loader; and
WHEREAS, the following sealed bids were submitted on March 24, 1999 for the
purchase of one four wheel drive tractor with loader; and
Company Bid
Greenberg Implement Inc. $28,499.40
Carlson Tractor $29,159.70
WHEREAS, Greenberg Implement Inc. submitted the lowest responsible bid in the
amount of $28,499.40.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the bid of Greenberg Implement Inc. is hereby accepted, and the
P Y P
purchase of one four wheel tractor with loader is hereby approved.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
III II I •Ik •I 4 �' *:
I
i'
E"
C
�5: , err' +f7�':''!!„ .l {it'y,r; '!` r.' .r•' , '1', tr'v i.Cr.•✓ ,'g ,.r.,f. ,n• fdi, y ' _
, .,li: i• . :Pti;! ::r r } r %"3.:•' + ,y :,• ` a,t" .i: ., }.
"C •,1 "'" v'•1rW ) •) ' n ) > S i,p�. .,(w 'A' P.�. f .t}.r.i �• ' L!>•' n l ! Y ^,3 { , �'r _
'4 � f ( nJi, t. tt }. , �r5 }: 4.,� •) V ' S,m ' i �:,..
J' '=:a t t, .r , L , e "�' : ( ..7.•
ye 1-r♦ Y. ✓i �- .)f
�(. a't •1 It . {.r
4
1!
.f
i
T. � tl
Lam'.
r l' , 0.•s'. .) "'nom � f J.
r�•
J'
%1
.t. i
5 4
1 } .
''oF' :
k• .
r"
, 1
r .
M
i
t, s
1 •1' i
`t
�j: "•''rr � 't t �1
r%
J ' }
r r h
^i :r
7n
I�
1
1:
a
i1 :y� 'f
'.�' ir , sr ,'
i'
r*
er heavier 'ai`
;,
rch ss : r v '
o ides for increased lift' - ���' 'i``:� drive also si s • lifi` * '
es servicing and mainten
9 p r. , g y imp ance durability' reliability satisfacti n in
`1�.. • ,,:.. � .' : - : • :. -...: �,: •:' ,,: o every
A lon
capacity and improves stability The chassis also delivers'. ';` • . ' '',`,` Case IH is committed to "setting the highest iridusiriy' :rspiece of Case IH machine "ry` . Sci you get a higher quality
excellent ground clearance and a tight fuming radius. The standards with equipment like the new CX Series tractors. k, tractor, and a greater value'at resale.
all-new, lubed- for -life, 55 degree MFD`axle with center '6y the latest technology, we re'able to build quality
V. ' I
Y
• E �
n
cxr90
r, 4
.r
h
v y
i•
A► i
1
ma y,
[ t 1 i ' <!' -�i �y: qC c r �~` tR �• �`�t!' + �� . :!+
City Council Agenda Item No. 6f
•
MEMORANDUM
DATE: April 6, 1999
TO: Michael J. McCauley, City Manager `'
FROM: Diane Spector, Director of Public Works�j�""
SUBJECT: Resolution Authorizing Execution of a Professional Services Agreement for the
Final Design of Improvement Project No. 1999- 16, Brooklyn Boulevard
Enhancements
The consulting firm of BRW has provided conceptual and preliminary design services for the
Brooklyn Boulevard Enhancements ro'ect. This project has* proceeded to final n desig
P J p J P b
documents. BRW has provided a standard services agreement to prepare the final design,
construction documents, and bidding services. This does not include construction inspection,
which would be covered by a separate agreement.
Based on its estimate of time required to complete all tasks, BRW proposes a not -to- exceed
contract of $80,000 for landscape architecture and $17,000 for electrical engineering
subconsultant services from Cain Ouse for the street lighting. As with any not -to- exceed
• contract, the actual cost to the City will be based on the actual time spent. If BRW spends less
time than estimated, then the cost to the City will be less than $80,000; if BRW spends more
time than estimated, then the City will pay no more than $80,000.
I have attached the Exhibits from the standard agreement which detail the work which will be
provided by BRW and Cain Ouse. The cost proposed for the professional services is within the
range we had included in the project estimate, and is reasonable for a $1,000,000 project. I
recommend the Council authorize execution of the agreement.
•
Page 1
BRTV, INC.
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
BRW, Inc., Office Address 700 Third Street South, Minneapolis. MN 55415
Client Name Citv of Brooklvn Center Client Address 6301 Shingle Creek Parkwav
Brooklvn Center, NIN 55430 Client Entity Type and State Public/NIN
Project Name Brooklvn Boulevard Streetscaoe Enhancements
Project Number 33927 002 0101 Project Location Brooklvn Center. MN
BRW, Inc., aka BRW Planning, Transportation and Engineering, Inc., and Client hereby enter into this Agreement
for Professional Services, pursuant to which, BRW, Inc. will perform the following services for the compensation set
forth below, subject to the General Conditions which are attached hereto and made a part hereof.
Limits of Design
and Construction: As described in Exhibit A
Scope of Services: As described in Exhibit B
• Compensation: Within project limits and to the scope as described in Exhibits A and B, billing will be per
the Standard Hourly Billing Rates, attached as Exhibit C, to a not to exceed limit of
$97,000.00 for basic services, plus reimbursables. Of this amount $80,000 shall be for
BRW, Inc.'s landscape architecture design services and 517,000 shall be for Cain Ouse and
Associates Ine.'s electrical engineering services.
The following additional attachments are made a part of this Agreement:
BRW's General Conditions, BRW's Special Provisions for Engineering Design, BRW's Special Provisions
for Public Entity Client, Exhibit A, Exhibit B, and Exhibit C.
N WITNESS WHEREOF, BRW and Client have made and executed this Agreement.
BRW, INC. CLIENT
By:�� By:
Its: v 1eJE FQt Its:
• Date: ;! • L-/ - / Date:
BB24242.DOC 318199
• EXHIBIT A
LIMITS OF DESIGN AND CONSTRUCTION
BROOKLYN BOULEVARD
STREETSCAPE ENHANCEMENTS PROJECT
A. TOTAL PROJECT LIMITS
The total project limits include the areas within the existing and proposed reconstructed
roadway corridor of Brooklyn Boulevard from the intersection of 65` Avenue, north to
the City limit line. It also includes the areas south, at the interchange of Hwy 100 and
Brooklyn Boulevard and an area south at the intersection of Xerxes and 49` Avenues.
B. SEPARATE BID PACKAGE LIMITS
The following identifies the limits of design and construction per the separate
construction bid packages as further clarified in Exhibit B. Two plan sheets are also
attached which illustrate these limits.
• Bid Package #1 Area 1: Described as the area within the existing roadway corridor
of Brooklyn Boulevard from Noble Avenue, north to the City
limits border between Brooklyn Center and Brooklyn Park.
Area 2: Described as the boulevard areas within or adjacent to the
Hwy 100 and/or Brooklyn Boulevard rights of way at locations
north and south of the on and off ramps.
Area 3: Described as the triangular boulevard area located
between the curb lines of Xerxes Avenue, 49` Avenue and
Brooklyn Boulevard.
Bid Package #2 Area 1: Described as the area within the proposed roadway
corridor from 65` Avenue, north to Noble Avenue.
Bid Package #3 Area 1: Described as the area within the proposed roadway
corridor from 65` Avenue, north to Noble Avenue.
•
• •
7..) Aft 90howAY Cam, *.
' )/ � • '1`K•Pc1L5, w rrt.K.s� SP EU �rL �' � � t,�
. .,,:�,� „ _ -- /� \C5114� 152 P�CDrIbTW.IG'1'iBiJ Qp�� n!
�• � ' D ScprP
�'^ F R E WAY ENTRY V RN th}��13 (P,Y
x ,,CrJ,ND Dv ,•
AF� €A 1 �; FEATURE E�
� MvL cq. t
k'__ _ r.” _ "1 "'•'tijl:- /ll'rY +l'� 'r:. - \ �// / 1 � 4 � 6 � �J • �� .�6� .J �1"'�I • / rt 1) Vlt: • ��
_
_ • - -•
O LE17A R - -
m -
.
c j �T y . ;, BRO:OKLYN�• 3 %
1 r
1.
tF � ,/ „ r. /• � �.� r � , �� -�
t
IS -_
r I r
PAu�: e l LAM 11S
N F R
`�/ 2" i ♦ N L C _ =CT, AREA 1 /
� / �, /� :, �\` • (NS'�?c !✓IgM1 lN��}�i� x1) ,4
/ 5 ,i�-- ����>�Z • GiA"jEr` ^�rC +��
1 \ L • 77
l� - — --
- -_ ..... _
�y.
s -� 3F3f70I(LYN ( BOULEVARD I —
- -- r+
o
ti /NORTH CITY GATEWAY r' m`
' .. INTERSECTION TREATMENT TYP.
( ) STREET TREES AND STREET
LIGHTS WITHIN BOULEVARD
Brooklyn Boulevard ppw C'c ' rka-ptip, Llm tTS �,-�p --p ��` 2(qg_
Figure 4
Streetscape Improvements Proposed Improvements
r • h
Area 1
. ........... ,_.___ ..__ —_._ ., ....._
������� September 1990
" . P,(
(LILAC OR. N. ICI
N •
„
„
i
> l
r
AREA 2
FREEWAY E T R Y
--
�' L IM �
,
`/ /� ■
t
AREA 3 -
/ SOUTH CITY
( 49TH A VE, z F ° - ' GATEWAY
e , I 1
w
jj _mil 1_ _ —Li
I
Sap �I�
,.0 A
1
O
Z No State
14,
*Brooklyn Boulevard �E �T' P �` tit � rte F
Streetscape Improvements Improvements
Areas Are '
ProposeclImp
as 2 and 3
PROJECT
September 1998
• EXHIBIT B
SCOPE OF SERVICES
BROOKLYN BOULEVARD
STREETSCAPE ENHANCEMENTS PROJECT
A. GENERAL SCOPE
The project is generally described as a Streetscape Enhancements Project, with services
which include revised concept through final design for miscellaneous streetscape
elements such as special pavements, landscaping, street and ornamental lighting, special
fencing treatments and City gateway signage. The limits of design and construction for
the above services are identified within Exhibit A.
BRW, Inc. will provide landscape architectural design services for those miscellaneous
streetsca e elements identified above, and will subcontract with Cain Ouse, an Electrical
p o s ,
Engineer to provide services related to the street and ornamental lighting components.
Throu recent conversations with representatives at MnDot State Aid, it is understood
that this Enhancements Project be issued in multiple bid packages with multiple state
project numbers. This is necessary because of current funding allocations to the County's
CSAH 152 Reconstruction Project limits, State Aid and Federal Highway project
requirements and the issue of proposed elements within the City of Brooklyn Center
Enhancements Project occurring outside these limits. Also, State Aid representatives
identified a special incentive program for projects with plans approved by September 30,
1999. It was determined that some of the proposed Enhancements Project elements
outside the CSAH 152 Reconstruction Project limits would qualify for this program,
which offers an 80% State and 20% local (City) construction cost share. It was then
determined that three separate bid packages be prepared. The following identifies tasks
proposed to be provided by BRW, Inc., beginning with tasks required for the total project
followed by specific tasks proposed for each of the three separate bid packages.
B. TASKS
B.1 TOTAL PROJECT TASKS: Tasks below include general services which
apply to the total project area as identified within Exhibit A.
B.1.1 Coordination: Coordinate with OSM & Associates, the engineer
contracted with Hennepin County for the CSAH 152 Reconstruction
Project. Utilize base mapping provided by OSM for use in developing
desioM and final construction plans. Also coordinate with appropriate
agencies during the design development process to include the City of
Brooklyn Center, Hennepin County, MnDot, MnDot State Aid, Northern
® States Power NSP), Cain Ouse Associates, Inc., and other public and
private utilities as required.
1
• B.1.2 Site Inventory: Review and photograph the existing site conditions
for use during the project design phase.
B.1.3 Complete Project Memorandum: Update, complete and submit the
Project Memorandum that was previously begun during the CSAH 152
Reconstruction Project preliminary design phase.
B.1.4 Preliminary Design: Advance and update the preliminary design
that BRW, Inc. provided in 1995 and 1996, when the project was put on
hold.
B.1.5 Presentation Graphics: Prepare illustrations of the proposed
streetscape enhancements for the City's use in City Council and public
open house meetings.
P b
B.1.6 Meetings: Attend up to 12 joint project meetings either with the
total project team or separately with members of the team or agencies as
required during the total project preliminary design phase.
B.1.7' Base Mapping /Construction Plan Format: Prepare project base
maps for use during the preliminary design phase, utilizing the
Microstation formatted OSM existing conditions /proposed CSAH 152
® Reconstruction road layout. It is understood that bid package #2 (CSAH
152 Roadway Reconstruction) shall utilize Microstation for plan
preparation, but bid package #'s 1 and 3 may be prepared using AutoCadd
Rel. 14.
B.1.8 Electrical Design: Contract with Cain Ouse Associates, Inc., an
electrical engineering design firm for the preparation of the street and
ornamental lighting plans and wiring diagrams. BRW, Inc. and Cain Ouse
will jointly coordinate with NSP on the design of a street and ornamental
lighting system which complies with NSP's Group 5 rating (full
maintenance) program. It is anticipated that plans prepared are to be to
NSP standards, using design and details which ensure compliance with
NSP's maintenance program. No services by Cain Ouse have been
included within this scope which may be required related to the
undergrounding of the overhead power lines which NSP will be
performing.
B.1.9 Irrigation Design: It is understood that limited, if any, irrigation
may be anticipated (only at the special landscaped intersection corners).
While BRW, Inc. will illustrate the limits of required irrigation and
provide adesign /build performance specification, a design plan is not
included within this scope of services.
2
• B.2 PACKAGE #1 TASKS: Tasks below include specific, additional services
related to the anticipated separate bid package #1 (with limits of Design
and Construction identified in Exhibit A).
B.2.1 Final Design/Construction Plans: This bid package includes the
work outside of the CSAH 152 Reconstruction Project limits. It is
anticipated that a complete set of Federal /State Aid construction plans and
specifications will be prepared by BRW, Inc., with a separate state project
number and bidding. Work will include sidewalk reconstruction, special
apron pavements, street lighting, landscaping, City gateway and special
fencing.
B.2.2 Meetings: Attend up to 4 joint project meetings either with the total
project team or separately with members of the team or agencies as
required.
B.2.3 Construction Specifications: Prepare MnDot special provisions for
work associated with this bid package #1 for incorporation into a MnDot
State Aid prepared project manual.
B.2.4 Construction Cost Estimate: Prepare an engineer's preliminary
estimate of construction costs for BRW, Inc. designed and City financed
• streetscape enhancement elements.
B.2.5 Bidding: Respond to questions or provide clarification to
contractors during the bidding process, attend a pre -bid conference,
prepare addenda as required, and assist in evaluating bids.
B.3 PACKAGE #2 TASKS: Tasks below include specific, additional services
related to the anticipated separate bid package #2 (with limits of Design
and Construction identified in Exhibit A).
B.3.1 Final Design/Construction Plans: This bid package includes the
work within the CS AH 152 Reconstruction Project. It is anticipated that
BRW will prepare plans and details related to the roadway construction
work, including special trail pavements, special sidewalk pavements,
special median and apron pavements, and street lighting installations. It is
further anticipated that BRW will provide plans for OSM to incorporate
into their bid package.
B.3.2 Meetings: Attend up to 4 joint project meetings either with the total
project team or separately with members of the team or agencies as
required.
• B.3.3 Construction Specifications: e are MnDot special provisions for
Prepare sp p
work associated with this bid package #2 for incorporation into an OSM
prepared project manual.
3
• B.3.4 Construction Cost Estimate: Prepare an engineer's preliminary
P engineer's rY
estimate of construction costs for BRW, Inc. designed and City financed
streetscape enhancement elements.
B.3.5 Bidding: Respond to questions or provide clarification to
contractors during the bidding process, attend a pre -bid conference,
provide input to OSNI for addenda as required, and assist in evaluating
bids.
B.4 PACKAGE #3 TASKS: Tasks below include specific, additional services
related to the anticipated separate bid package #3 (with limits of Design
and Construction identified in Exhibit A).
B.4.1 Final Design /Construction Plans: This bid package includes the
work within the CSAH 152 Reconstruction Project limits. The work in
this package includes additional work beyond the roadway reconstruction
of bid package #2, to include special fencing at the I -94 interchange,
landscaping and possibly irrigation. It is anticipated that a complete set of
Federal /State Aid construction plans and specifications be prepared by
BRW, Inc. with a separate state project number and bidding.
B.4.2 Meetings: Attend up to 4 point project meetings either with the total
project team or separately with members of the team or agencies as
required.
B.4.3 Construction Specifications: Prepare MnDot special provisions for
work associated with this bid package #3 for incorporation into a MnDot
State Aid prepared project manual.
B.4.4 Construction Cost Estimate: Prepare an engineer's preliminary
estimate of construction costs for BRW, Inc. designed and City financed
streetscape enhancement elements.
B.4.5 Bidding: Respond to questions or provide clarification to
contractors during the bidding process, attend a pre -bid conference,
prepare addenda as required, and assist in evaluating bids.
This Scope does not include construction inspection or administration, construction
staking, or any other construction related service. Once plans have been prepared and
contractors established, BRW can provide a separate proposal for these services as
needed and requested by the City. Also not included within this proposal are any
electrical engineering observation /inspection services which may be required by NSP
® during the construction of the street and ornamental lighting. Once an
agreement /understanding with NSP has been established, BRW, Inc. /Cain Ouse can
provide a separate proposal for these services.
4
® EXHIBIT C
BRW, Inc.
Standard Hourly Billing Rate Schedule
March 1999
Hourly Billiniz Rate BRW Classification
$160.00 Grade E 17 (Sr. VP)
150.00 Grade E.16 (VP)
135.00 Grade E 15 (VP)
120.00 Grade E14 (VP /Sr. Associate)
98.00 Grade E13 (Associate)
85.00 Grade E12 (Sr. Cons. /Staff V)
72.00 Grade E I (Sr. Cons. /Cons. II/ Staff V)
60.00 Grade E10 (Cons.I1/Cons. I)
55.00 Grade E9 (Cons.II/Cons. 1)
• 48.00 Grade E8 (Cons. UCons.U)
60.00 Grade N9 (Staff IV)
50.00 Grade N8 (Staff IV /Staff III)
42.00 Grade 7 (Staff III)
40.00 Grade 6 (Staff II)
35.00 Grade 5 (Staff I)
30.00 Grade 4 (Staff 1)
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
FOR THE FINAL DESIGN OF IMPROVEMENT PROJECT NO. 1999 -16, BROOKLYN
BOULEVARD ENHANCEMENTS
WHEREAS, the City Council has previously identified the Brooklyn Boulevard Roadway
and enhancements projects as high priorities for the City; and
WHEREAS, preliminary designs have been completed for the Enhancements portion of the
project; and
WHEREAS, final design must be completed and submitted to Mn/DOT to preserve ISTEA
funding and advance the project; and
WHEREAS, the consulting firm of BRW has completed the preliminary design and has
submitted a proposal for final design and preparation of construction documents.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The proposal of BRW in the amount not to exceed $97,000, of which $80,000
represents landscape architecture services and $17,000 electrical engineering
subconsultant services is hereby accepted. The City Manager is hereby authorized
to execute said agreement.
2. All accounting for said professional services shall be made in the Municipal State
Aid Fund.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
City Council Agenda Item No. 6g
•
• MEMORANDUM
DATE: April 6, 1999
TO: Michael J. McCauley, City Manager
Diane Spector, Director of Public Works
FROM: Michael Krech, Public Works Specialist A 1/0
SUBJECT: 1999 Chemical Toilet Contract /�
I have received responses to a RFP that I sent to three portable toilet companies. ( Biffs, Inc; On
Site Sanitation; and Sanitation Stations ) This contract is renewed yearly on April 1 st. Copies of
proposals from On Site Sanitation and Biffs, Inc. are attached for your review. Sanitation
Stations declined to offer a bid. On Site Sanitation added an addendum to their bid stating they
would not replace a unit more than twice per location unless the city agrees to pay for the unit if
it is destroyed a third time. Damage to handicap units would be the City's responsibility. Biffs,
Inc. bid offers an option to purchase damage waivers at a cost of $8 per unit per billing cycle
which would cover damage to the unit regardless of how often the damage occurs. Last year
three units rented by the City were destroyed by fire. On Site Sanitation's bid would cover
damages only to a point. The City may need to decide to discontinue portable toilet service at a
particular location or risk paying for additional damages if they occur. Biff's bid would cover
any losses that may occur. The City would continue to be able to provide portable toilet service
at all locations without additional financial risk. A summary of the bid proposals is attached.
Assuming the same damages as last year, the On Site Sanitation's bid will be $3,736 less than
Biff s bid. I recommend that the city enter into agreement with On Site Sanitation for chemical
toilet services.
1999 Summary of Proposal for Chemical Toilets Contract
For services contracted from April 1, 1999 to March 31, 2000
i
......... ............................... ..........: ::::
#.
............
: ...... F :..:....... ....:........:...:::.::.:.:::.:
.. _.......... ' `5i€i €<' iii` # #E 'i`.i.ii�
::...:•::....:: ;.::.:;.; ::::::: ................ .....:: .:.:::::::::....:.::::.::.:::::
Skid unit chemical toilet
rented for 1 or more months,
serviced once weekly. 19 $51.00 $60.00 $969.00 $1,140.00
Skid unit chemical toilet
rented for 1 or more months,
serviced twice weekly. 1 $99.00 $108.00 $99.00 $108.00
Handicap accessible skid
unit chemical toilet rented for
1 or more months, serviced
once weekly. 2 $124.00 $208.00 $248.00 $416.00
Handicap accessible skid
unit chemical toilet rented for
1 or more months, serviced
twice weekly. 5 $172.00 $256.00 $860.00 $1,280.00
Monthly otal $2 176.00
Y 2 944.00 � $�
•
Skid unit chemical toilet
rented for less than 1 week,
serviced daily. 8 $45.00 $60.00 $360.00 $480.00
Handicap accessible skid unit
chemical toilet rented for less
than 1 week serviced daily. y 2 $124.00 $208.00 $248.00 $416.00
Portable sink rented for lees
than 1 week, serviced daily. 4 $50.00 $60.00 $200.00 $240.00
Additional Cost ** $1,200.00
Special Event Total $2,008.00 $1,136.00
Seasonal Total based on 6 months $15,064.00 $18,800.00
• ' Prices shown are Biffs bid prices plus $8 for the damage waiver
** If the City lost 3 units (one handicap) to fire again this year, the On Site Sanitation bid would have
i an additional cost of approximately $1200 to pay for the destroyed handicap unit.
4 S • (651) 429 -3781
�E' Fax: (651) 486 -6400
saidtatioh
0 ?5 Woodlyn Avenue
St. Paul, MN 55117
Attn: Michael Krech March 25,"1999
Re: Portable Restroom Quotation for 1999
Dear Michael;
As per your quotation request the following is a list of
cities that have switched to On Site Sanitation, and are
customers of ours again this year.
City of Plymouth Rick Busch 612- 509 -5211
City of Fridley Sue Johnson 612- 572 -3573
City of Hopkins Ray Vogtman 612 - 939 -1382
City of New Hope Tom Schuster 612- 533 -4823
City of Maplewood Mark Maruska 651 - 770 -4598
City of Woodbury Dick Reimenschneider 651- 730 -5593
City of Brooklyn Center John Harlow 612 -585 -7104
Please feel free to contact any of these folks.
Addendum
1. Special Services- to include services beyond our scheduled
service due to weather, vandalism,or
heavy use.
the charge will be $25.00 per unit per
service.
2. units- Last year we suffered loss of our equip-
ment due to vandalism in excess of 4,000.00
in Brooklyn Center alone. As a- r-esult,'
we find it neccessary to establish a
replacement policy of: If one unit is
destroyed, we wil replace it. If a second
unit is destroyed in the same location.
we will not put another unit out., unless
the city is willing to pay for the second
unit if it is destroyed.
Portable Restrooms • Construction • Special Events
(651) 429 -3781
Q S Fax:
(651) 486 -6400
Sanitation
5 Woodlyn Avenue
0
St. Paul, MN 55117
Addendum,con't
2. We can not offer a damage waiver to cover
major damage (rendered unusable) or total
destruction of our ADA units (handicapped
accessible). This would be the Cities'
responsiblity.
•
Portable Restrooms • Construction • Special Events
1999 Proposal for Chemical Toilets Contract
For services contracted from April 1, 1999 to March 31, 2000
>= • To be Opened Friday, March 26, 1999 at 1:00
Proposal of On Site Sanitation
Address Q S _ W)nd 1 yn AvP _
City, State, Zip G fi pa 111 Mn q q 1 1 7
Phone 651 — 429 -3781
Fax 691 A48(;-ti4nn
<< < > <`
..:...:.:::::.::.: >
: ..tom : �f ...............: :.::.: : :..:... :...:.......: :�:: apt . y....... .:.:......:....:..
Skid unit chemical toilet
rented for 1 or more months,
serviced once weekly. 51 .00
Skid unit chemical toilet
rented for 1 or more months,
serviced twice weekly. 4 4 nn
Handicap accessible skid
unit chemical toilet rented for
1 or more months, serviced
once weekly. 124.00
• Handicap accessible skid
unit chemical toilet rented for
1 or more months, serviced
twice weekly. 172.99
Monthly Total
Skid unit chemical toilet
rented for less than 1 week,
serviced daily. n s no
Handicap accessible skid unit
chemical toilet rented for less
than 1 week, serviced daily. 124-00
Portable sink rented for lees
than 1 week, serviced daily. 50.00
Company Representative Ann Magstadt
Signed��' Dated 3/25/99
arc 'y
•
Mr. Michael Krech, Public Works Specialist
City of Brooklyn Center
6301 Shingle Creek Pkwy
Brooklyn Center, MN 55430
RE: Bid for Chemical Toilets, Contractor Qualifications
As per your bid letter request, the following is a list of the major equipment and
assets that Biffs, inc. has available for use by your city:
1.Regular skid Restrooms- Well over 5000
2.Handicapped restrooms- 100 plus
3. ADA Compliant - 100 plus
4. Handwash Stations - over 75
5. Service Trucks- 45
Backup vehicles -3
Service employees- 40+ in the summer months
Some of the Municipalities on the North Side of the metro area we are currently servicing
include
City of Brooklyn Park- Gary Beckerleg - 424 -8000
• City of Blaine -Donna or Ken — 784 -6700
City of Maple Grove- Vern Moening - 420 -4000
Anoka County Parks - Mike Jacobson - 767 -2864
City of Coon Rapids — Lowell Lubeck — 767 -6462
SPECIAL SERVICE
Weekday service price (Monday thru Friday ) would be provided at the rate of $20.00
Weekend service price ( Saturday, Sunday and Legal Holidays) would be provided at
the rate of $25.00.
For $8.00 per unit per billing period, Biffs Inc. offers you a damage waiver, which releases
the City of Brooklyn Center from liability for damage or loss on the restroom you rent. This
waiver is optional.
We hope you find our bid very competitive and in the best interest of the city of Brooklyn
Center. After all comparisons are made, We believe you will find Biffs, inc., the best
equipped to satisfy your needs in all areas, including available equipment, pricing, ability to
respond and level of service. We look forward to working with you.
Sincerely,
• Teresa Pendleton
Inside Sales & Customer Service Coordinator
Zoca 4 Ocwced & 0/iezatrd
8610 Hansen Ave., Shakopee, b1N 55379
612.403.1221 fax 403.1220 800.'d42.3246
Why Use ?
® QUALITY SERVICE BENEFITS YOU!
Compliance, Certification,
Licensing: BENEFITS:
Compliance with Minnesota
Pollution Control (MPCA)
Sewage Treatment System's Registration Knowledge that our company -
Registration #3790
Compliance with State & Federal Sets the highest of standards for health,
Department of Transportation safety and environmental preservation by
(DOT) Regulations meeting and exceeding all State and
for Driver's physicals, regular drug Federal Regulations
testing, commercial driver's licensing
and truck maintenance
Health & Safety Sanitation Workers Knowledge that our drivers -
Tested and Certified by the Portable
Sanitation Association International Meet the highest of safety & performance
(PSAI) standards and are tested regularly
Quality Assurance Checks: BENEFITS:
• Supervision of Performance Guaranteed service you can monitor
All routes are checked regularly
Service Logs The quality of our service never goes
We sib and date every unit with unmeasured, ensuring you receive the
each cleaning service you are paying for
Equipment & Availability: BENEFITS:
Specialty equipment for construction The most complete line of equipment
and events of all sizes options available
Over 40 radio equipped trucks No matter when you need us - service is
only hours away
Three locations in metro area
Scheduled Team Members
Our phones answered 24 hours always on call
Locally Owned & Operated: BENEFITS:
We have been in the service business You are treated special by highly
our entire careers experienced and dedicated customer
service people
YOU WILL EXPERIENCE A DIFFERENCE!!!
Callus at 612.403.1221 800.642.3246
Unit Service Procedures
H TINIE A PORTABLE RESTROOM IS SERVICED
r cedures will be performed in order:
The following p o p
1. Sign and date the "service log sticker" in each unit. If there is no sticker- you MUST add one.
2. Replace and replenish appropriate amount of toilet tissue to last until the next servicing.
3. Replace Hand Sanitizer bladder pack if needed and check that it operates properly.
Wear gloves for next steps 4 -18:
4. Pump waste from the tank.
5. Remove rocks, ice and other debris from the tank.
6. Add fresh water and chemical solution to the tank: Light- medium.use units: 5-6 gallons
Heavy use units: 7 -10 gallons
Special Events: 7 -10 gallons
7. De -scale urinal with oven cleaner often.
S. Scrub urinal inside and out.
9. Wipe off ledges above screens and door.
10. Remove graffiti with oven cleaner/ graffiti remover.
11. Scrape, Clean and scrub all surfaces (except floor) with the appropriate scraper, brush, chemical solution.
1'?.. Towel dry all surfaces. Do NOT use vour towel on the floor..
Check screens, urinal hose, seat, door handle, lock, etc. Complete repairs or replace what is needed.
14. Scrape, Clean and Scrub floor of mud, ice and other debris. Remove liquid with squeegee.
15. Spray with fragrance as needed.
16. Confirm unit is in the proper place and is level.
17. Check and/or replace Biffs' Logos on all four sides.
18. Dispose of all debris you have removed from the unit in your waste container. NO debris is to be left on the site.,
Communicating and Reporting (Paperwork)
19. Date card, note usage, add appropriate comments, and sign off on route card.
For a Completely Blocked Unit complete items 20 -24 below.
For a Partially Blocked Unit complete service items 1 -3 and 7 -18 above (`No Pump' procedure) and
20. Provide adequate information on "yellow missed service tag."
21. Tag the gate or the office trailer (or the unit if that is all that is there).
22. Contact Job Superintendent, explain how the unit is inaccessible, and that you have completed everything except pumping
and replacing chemical.
1 3. If you are unable to speak with the superintendent, Call in to the office for assistance so someone can call the
10'. superintendent or company, to notify them of our attempt to complete service.
Complete Service Change Form.
Also complete a Service Change Form for: Tipover Units, Units for Additional Repairs, or Replacement of Unit
1999 Proposal for Chemical Toilets Contract
® For services contracted from April 1, 1999 to March 31, 2000
To be Opened Friday, March 26, 1999 at 1:00
Proposal of a-1 -5 tr\c
Address eo �Aq,V) -n Ave-
City, State, zip shad,0 MrJ 55.3
Phone
Fax
:: ...:........:::..:::......
:.
<<:<
: a? �. ���?�?.<> <: > ><:><:<: » >�<:<:: >:: > < > > > <;`� anti, ::': < >� > <<;« << <�<�;<`; >:;<: » >?> met.�€ c ..:.....:...:..:..:.....�: aIP� ::::.:pt�th..::...:.......,..
Skid unit chemical toilet J J
rented for 1 or more months,
serviced once weekly. S 5Z •b0 93( . DO
Skid unit chemical toilet
rented for 1 or more months,
serviced twice weekly. L b0. Do ��(? . 00
Handicap accessible skid
unit chemical toilet rented for tkD IZS• 00 ZED . OD
1 or more months, serviced
once weekly. Z C lkD� 200, Dp J
Handicap accessible skid
unit chemical toilet rented for
1 or more months, serviced
twice weekly. 1 5 D D
Monthly Total Z I j , 06
Skid unit chemical toilet
rented for less than 1 week,
serviced daily. 6 1 eacA (No5 voia) 41("2.
Handicap accessible skid unit �Ob ' 0 AV A 5
chemical toilet rented for less or
than 1 week, serviced daily. 2 l ZS , 0 D N'J' ADA' 9 2-50 . o 0
Portable sink rented for lees �( -
than 1 week, serviced daily. T �52, 0D ��� S �✓1(�t z D 8.O
aJzL l o n A L 5t n c C45
Company Representative <z('G54. t t'AC Wt el
Q IZ
Signed ���i'C(/�L��/��'v� —' Dated ��
City Council Agenda Item No. 6h
1
•
its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION AUTHORIZING EXPENDITURE OF FORFEITURE FUNDS AS
OUTLINED IN ATTACHED "EXHIBIT A"
WHEREAS, the Brooklyn Center Police Department forfeiture fund showed a
balance of $29,805 on January 31, 1999; and
WHEREAS, the Brooklyn Center Police Department forfeiture committee
recommends expending funds as outlined in attached "Exhibit A."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center to authorize expenditure of forfeiture funds as incorporated in the memorandum
hereto and hereby attached as "Exhibit A."
•
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO.
Exhibit A
WOOKLYN COLe
BROOKLYN CENTER
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Chief Joel Downer
DATE: March 26, 1999
SUBJECT: Forfeiture Fund Purchases
The Brooklyn Center Police Department forfeiture fund showed a balance of $29,805.00 on
p
January 31, 1999. The forfeiture committee, consisting of representatives from the various
divisions within the police department, met on March 8, 1999. This committee recommends the
following purchases:
1. 48 GLOCK 40 CALIBER HANDGUNS (TO BE ISSUED TO EVERY SWORN
OFFICER)
• This weapon was one of several evaluated and the weapon of choice as determined b the
p p Y
handgun selection committee. The Glock 40 caliber replaces the Smith & Wesson 9mm
that is currently issued to officers. The Smith & Wesson weapons are eight years old and
are showing lack of reliability. An unacceptable level of misfires at the firm range and
g ty p g g
several of the Smith & Wesson 9mm weapons have cracked frames. It is apparent that
the Smith & Wesson 9mm have reached the end of their service life. Each Glock 40
caliber costs $425. The current Smith & Wesson weapons will be traded in for a credit of
$250 per weapon.
Itemized List:
48 GLOCK 40 CALIBER PISTOLS - $425 each = $20,400.00
Trade -in for 47 Smith &Wesson 9mm pistols:
$250 credit for each for a total credit of = ($11,750)
I
Cost: $8,650, plus Minnesota state sales tax of $563
Total Cost of Weapons = $9,213. 00
• Cost of Replacement Holsters: $98 each for 44 officers = $4,312.00
plus Minnesota state sales tax of $281 281.00
Total Cost of Holsters = $4,593. 00
RESOLUTION NO. Exhibit A
Magazine holders at $27 each for 44 officers = $1,188.00
plus Minnesota sales tax of $78 78.00
Total Cost of Magazine Holders = $1,266.00
Spare night sights (2 at $100 each) = $ 200.00
plus Minnesota sales tax of $13 13.00
Total Cost of Night Sights = $ 213.00
9,000 .40 caliber ammunition / $158 per 1,000 = $1,422.00
plus Minnesota sales tax of $92.43 92.43
(200 rounds training ammo per officer)
Total Cost of Ammunition = $1, 515, 00
Sight adjustment tool = $ 125.00
plus Minnesota sales tax of $8 8.00
Total Cost of Sight Adjustment Tool = $ 133.00
TOTAL COST FOR TRANSITION TO GLOCK 40 Caliber = $ 16,933.00
2. SIMUNITION HANDGUNS WHICH ARE USED FOR TRAINING PURPOSES
The simunition handguns allow officers to train under realistic conditions.
Three simunition handguns at $425 each = $1,275.00
plus Minnesota sales tax 83.00
Total cost of handguns = $1,358.00
Simunitions safety equipment e ui ment = $ 585.00
plus Minnesota sales tax 38.00
Total cost of safety equipment = $ 623.00
Total Cost = $1,981. 00
3. BODY RECEIVER
This item is commonly known as a "body bug" and is used for undercover operations. It
allows the officer to tape conversations with suspects during transactions.
Total = $ 550.00
plus Minnesota sales tax 36.00
Total Cost = $ 586.00
RESOLUTION NO. Exhibit A
4. AUTO TRACK
This is a software program which allows officers to locate addresses for individuals from
computer based information. It is an extremely useful tool for investigation. This
program has been evaluated and approved by the MIS/Technology Coordinator.
Total = $1,500.00
plus Minnesota sales tax 98.00
Total Cost = $1,598.00
5. 37mm TEAR GAS GUN
This item is used by the Emergency Operations Unit for delivering tear gas into an area
where a suspect is located.
Cost = $ 500.00
plus Minnesota sales tax 3 3. 00
Total Cost = $ 533.00
6. LEUPOLD SCOPE
This item would replace an inferior scope that is currently mounted on the police rifle.
Cost = $ 590.00
plus Minnesota sales tax 39.00
Total Cost = $ 629.00
7. SNAPPY SOFTWARE
The Snappy Software allows pictures to be printed from VHS tapes which are commonly
used in video surveillance equipment.
Cost = $ 200.00
plus Minnesota sales tax 13.00
Total Cost = $ 213.00
RESOLUTION NO. Exhibit A
•
8. TRAINING WEAPONS (2 training weapons for training purposes)
These weapons are used during defensive tactics instruction in teaching officers how to
retain their handguns during physical confrontations.
Training weapons, 2 at $50 each = $ 100.00
plus Minnesota sales tax 7.00
Total Cost = $ 107.00
TOTAL RECOMMENDED EXPENDITURES FROM THE FORFEITURE FUND:
$22,580.00
forftitlm=
City Council Agenda Item No. 6i
•
1
MEMORANDUM
DATE: April 6, 1999
TO: Michael McCauley, City Manager
FROM: Scott Brink, City Engineer
SUBJECT: Resolution Establishing Parking Restrictions on Dupont Avenue North, 55th Avenue
North to 57th Avenue North
Summary Explanation
On March 8, 1999, the City Council approved a resolution providing for the reconstruction of
street and utility improvements for the Southeast Area (City Project 1999 -01, 02, and 03), which
includes Dupont Avenue North from 55th Avenue North to 57th Avenue North.
Dupont Avenue North is designated as a Municipal State Aid collector street under the City's
Comprehensive Plan. State Aid funds are therefore available to provide for the reconstruction
costs of the street. However, in order to utilize those funds, the street must be constructed in
accordance with Minnesota Department of Transportation State Aid Standards, which includes
specific design widths.
. Dupont Avenue has been designed for a width of 32.8 feet, which in accordance with State Aid
Standards, allows for parking on one side of the roadway only. It is therefore proposed to allow
parking on the east side of the street. This would be consistent with the width and parking
restrictions that have already been established on Dupont Avenue North from 53rd to 55th.
Council Recommendation
A Parking Restriction Resolution is required by Mn/Dot State Aid as a condition for allowing the
release of State Aid funds for the project. It is therefore recommended that the City Council
approve the attached resolution prohibiting parking on Dupont Avenue North from 55th Avenue
North to 57th Avenue North.
Member introduced the following resolution and moved its
adoption:
RESOLUTION N0. _
RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON DUPONT AVENUE
NORTH, 55TH AVENUE NORTH TO 57TH AVENUE NORTH
WHEREAS, the City Council on March 8, 1999, by Resolution No. 99 -35 ordered
Improvement Project No. 1999 -01, 02, and 03, Southeast Neighborhood Street, Storm Drainage, and
Utility Improvements; and
WHEREAS, Dupont Avenue from 55th Avenue North to 57th Avenue North is
included within said project area, and is designated as a Municipal State Aid Street; and
WHEREAS, the design plans and specifications provide for a width for Dupont Avenue
North of 32.8 feet; and
WHEREAS, Minnesota Department of Transportation State Aid standards allow
parking on only one side of the street for said design width.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. Upon final completion of Improvement Project No. 1999 -01, 02, and 03,
parking will be prohibited on the west side of Dupont Avenue North between
55th Avenue North and 57th Avenue North, and posted accordingly.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 6j
s
•
• MEMORANDUM
DATE: April 2, 1999
TO: Michael McCauley, City Manager
FROM: David Peterson, Public Works Superintendent f
SUBJECT: Resolution Accepting Bid and Authorizing the Purchase of
One Self - propelled Pavement Marking Machine
The 1999 Central Garage Fund budget includes $58,400 for the replacement of #46, a 1989 self -
propelled pavement marking machine. The first bidding in January, 1999 was rejected because
of an over budget bid. We have since got factory and dealers on the same page. We went over
specifications with each prior to rebidding the machine. A single bid in the amount of
$58,004.16 was received at the bid opening on March 23, 1999. The bid from Long Lake Tractor
& Equipment does meet our specifications, is less than the amount budgeted, and is consistent
with bids received by other agencies. This equipment is highly specialized, and our
specifications must reflect the recent changes in the paint industry which will be latex water
based paints to meet Environmental Protection Agency standards. This puts a whole new
0 dimension in the application of painted pavement markings and equipment. Research shows
there are a limited number of manufacturers and local distributors for this equipment.
I recommend the City of Brooklyn Center accepts the bid from Long Lake Tractor & Equipment
and authorizes purchase of the pavement marking machine.
•
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF
ONE SELF - PROPELLED PAVEMENT MARKING MACHINE
WHEREAS, $58,400 was appropriated in the 1999 Central Garage Fund budget for
the purchase of one self - propelled pavement marking machine; and
WHEREAS, sealed bids were accepted on March 23, 1999; and
WHEREAS, one single bid was received from Long Lake Tractor & Equipment in
the amount of $58,004.16; and
WHEREAS, the single bid from Long Lake Tractor & Equipment meets the
ZD
provisions and technical specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the bid of Long Lake Tractor & Equipment is hereby accepted,
• and the purchase of one self - propelled pavement marking machine is hereby approved.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
,
t A
♦ d � I a v+ �, •` ', 'ti r� J t ' a i 4 a
a. � t �y, t a • .,
• r �.�; i ll t �
1,
•. . •. tr } t Y
e,. • • t t r t ' '+ ! 1 ��'�. + (• t f r l .,w
.•.• � Thy` a fi r. i� >° t t +.; < �^ t k
2tr � At�ti Y•tv� �sZ : / rtl{fa i
s L. -fit l t
♦'�, .. ti L 'may",+♦ h � . _ � f � , � , t t .ti i �?
1 .iS� tt`'�l 1j yd tt •. �tl \ t �• a �• lr' Y
\(•• \19 �����a � ., � _. � i � itl ` \, 1 ,TrJ�1 t t
t � �. ��tt r , i1 • `� i Y yJ
K: � . 1 t� _ . ( ��� i }t b 1 �4 �
or
* `' 4t 1 ""�i .• , a1 h \ •�' ° 4t C
� �) t!�,'� •'. ��r r �� -; rS•��1'xiy�'j .: a. t. ' ; t 1\ •, t L
� �� ;t"l��lk! � 'j} t tY ,�jT.,�{.s ��fd y s . , a•�� 1 �r �'� ,l. O rd ♦1 4 � j '� '► 1 Y t t '(.:
� L , �1 a a ty,`�✓°Y i v x, auv :9. tt� t t !.'tFl ti ° ' t ' r•
t�...:1 'r.ilJ�i}y, t .� v .• ,�,.,,,'C:'.t ���?' r, 2}t f t
,yy • I SK grFn
.} 4"ti' t �.• Yr :C "1t7'� A''f�E'= G `� ► . 1..'i1/ t V t \ n v t .J
t a♦ . t y y : i' r { 7' •+•,� i S f• f t r • v 1 .
j� 4 �{,.i: \'! „•��' '+.l � ,''�1 '. ,� •� ♦ d H - .l�..ir, { ''{Tr ��•y Ir \'sY t •�Sy n ,tt .1', t !. • r �5 i �. 4 7 t p it. �,..��'.4'�..
+ir ��.�. �• *:�: ; 1 r.' 17r.. �•� : .1.'r• -'�° j,.. �4 pi +5 I � �t l�l, : r �t,� 1 . l y � 7,y \ t, :. t ` �, - fir;, t x 'S�..
t•,''�' �'t 7 r ., .: .• • ••• � ' !.\ a e Ir r.�� S •yh•' (t r 4• t�. � x '� v a
` � -! .4 , ”, - w f. P- 2r .i t\ l' +rr7 tat .k.' � i •• t ' '• � ,/� of
►.�1� \d.�•� ��i.,: + '1 ,.t •S" S tl�+•.'r, \�r } t4ti� i• 'k >I ),1 'r f � r 3 C h a t : H i 1 r �.,, 7 �" 1+ �,.3��»
;�``'�''i '�►. .• •. !i .��� rC ti'fYe 't,/•t Lfrt! 1 �r (' . Y Yr41,•�•� 7±,,i lit, 7,!f t t.. . n J `4 •. .', .t tr\ tt r. •,�21i is 'tl +t..
,q''T ts•'ji. • 'i, t \l'!'t„ a. ie"" ..y1,` >1. fit;: ti 't �. .,:'611 r : {. t r t v ;,+ t Y.•' r � 1. `,�` :•
!.Y �ii, f ' S'4 ti.J�t:. 7 , •17.,}. ,•Pi �.. (�{...� is r: y i yV ,r ,.d t1,,�' �t�'
: • ,.�t s l'i It , . �t a.1 rs �. /it „ t•. n. {�� 3t .I T
i t. y4.,, •t •�? it:• ^r t 4 t„ Y.' f'.�k ` * 1Stl �u ��, t , ,.�f '+ ' •'7a Cy .i ' -12 f,!. �, .�S�f r4.�+,1�(iy ;,,
••* *,.... * . +,'4 i .. • ,•, T rf' �\ ; ,y rtw• t,.�:) {.,fh, ' : S.r.� • Sri �S� �i L„ :� ± � • ' , ti .t + `� S 1 .h`'' �.A :i t j' i X11: ? �',!���
• 1.:: •, t. ll 1 �i e ; f s'�' 1.. � T ;� .s. 4, t�.1: YA•? ?t '
r•S • \• \.a 1 ♦t�q + �.f',. i , �'••,..r r ley. • �y t� f,t.'� t• y
.. • `' q i 1 r �, t .) .4.” i.'r ?',R \•.'•; y:
• r \, + • .�, t s r t,� I. �,t t.� •t Y4.�� .� y, ., .; 2t� .. � +lr i t,i•�. ..: .li i �f f .i t (�� {. L�...r���i'Y ;7 �
�5� :'t: i.: ` C ti :r` ;t w':Si. ..� \ Jli ' .; • C�a ' +1 1 t.. { }ti' v - x'rt �1 M:.:t 1 rt �';'� 1r• �1 ,�}, S• �S� ; fk•
tti .. ?+ "�S \t, i�.'FS: t ij:'4 {:•wk. '� �!- .ti:. r �,.:,'i fey v' `� .%,. `�'! ! �qi �ti•ef 4: t�. SY ; { LI ',, 'K .�
). .'.�. r'• y 1,''1l'�. e`G• ) 1J+• • i , � � x Y a , r h i. r ., ' �'., y
7 •. .1,t.. .��:e ,t A <ix ° � 4l� �y� e :- T�! t r : '1 r '7 r t•t ii 4 � r t" ?\ 77 ��st;t'S�•., ,
,y. \♦ i4 tLt- .�'`' \ <•1. 1 e.•Pr�� . .� ! ?;s,. �t � +t�..'i- { �. `•t ' -� t tt � i ..t,•, ; • L �+ a ',� �u.iX.S y 51A•r,� +�.«, �.; T <r'% r �S
•t �� Y..�lv it � 7 t1 'x- f�t ✓t. L ( ' t' ..t t +'4 4 Y, 1 , .x l:w a i , 1 1 1t..'t, t.
- �' ;1..jy, 3. »!• .t •,,.::5,.,.. 'f.ra•.t•s� .,'l•t��t: �'� h J, ^. •\ ii 1 .e4 t.�. ° 2 •. n :1:• �,, 40.` �i �y „��
, ;y. • ,' .r� � t ` "h:. ' r F ?�, I ..e ,Yr ' i •i ? r t: : a � i .! ' }n Jt r'.t 4 LM� � 1t ,Ly 4,� r' { �t[ '
., ... ,;•...., .. a• .r. r ,, .F_ -.. �� � ° lt. ,du y�a�aX7[�t��ir} •, . ?!t �'}�' ''r`�:S�WIC �i. s �1�. •�
r )
City Council Agenda Item No. 6k
1
•
MEMORANDUM
• DATE: April
6, 1999
TO: Michael McCauley, City Mana er
FROM: Scott Brink, City Engineer,
SUBJECT: Resolution Accepting Bid and Awarding a Contract, Improvement Project Nos. 1999-
01, 02, and 03, Contract 1999 -A, SE Neighborhood Street, Storm Drainage, and
Utility Improvements
Summary Explanation
Bids for Contract 1999 -A were received and opened on April 7, 1999. The bidding results are
tabulated as follows:
Bidder Bid Opened Amount Corrected Total
Widmer, Inc. $2,174,856.05 $2,173,859.55
Palda and Sons $2,221,503.76 $2,221,504.65
Thomas and Sons, Inc. $2,224,785.86
Richard Knutson, Inc. $2,231,769.83
. Barbarossa &Sons, Inc. $2,315,349.00
S.R. Wiedema, Inc. $2,361,847.57
Northdale Construction $2,371,366.62 $2,388,471.73
Arcon Construction Co., Inc. $2,435,475.43
Brown & Chris, Inc. $2,485,726.79
Midwest Asphalt Corp. $2,532,320.90 $2,336,156.60
C.S. McCrossan Const., Inc. $2,570.057.35
Of the eleven (11) bids received, the lowest bid of $2,173,859.55 was submitted by Widmer, Inc. The
total Engineer's Estimate was $2,270,539.30.
References provided by the low bidder have been contacted. Widmer, Inc. has proven experience in
performing the requirements included in this contract. Accordingly, staff recommends acceptance of
the low bid and award of the contract to Widmer, Inc. of St. Bonafacious, Minnesota.
Recommended City Council Action
Approve the attached resolution accepting the low bid and awarding a contract to Widmer, Inc.
•
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT, IMPROVEMENT
PROJECT NOS. 1999 -01, 02, AND 03, CONTRACT 1999 -A, SE NEIGHBORHOOD STREET,
STORM DRAINAGE, AND UTILITY IMPROVEMENTS
WHEREAS, pursuant to an advertisement for bids for Improvement Project Nos. 1999 -01,
02, and 03, bids were received, opened, and tabulated by the City Clerk and Engineer on the 7th day of
4 April, 1999. Said bids were as follows:
Bidder Bid Opened Amount Corrected Total
Widmer, Inc. $2,174,856.05 $2,173,859.55
Palda and Sons $2,221,503.76 $2,221,504.65
Thomas and Sons, Inc. $2,224,785.86
Richard Knutson, Inc. $2,231,769.83
Barbarossa &Sons, Inc. $2,315,349.00
S.R. Wiedema, Inc. $2,361,847.57
Northdale Construction $2,371,366.62 $2',388,471.73
Arcon Construction Co., Inc. $2,435,475.43
Brown & Chris, Inc. $2,485,726.79
. Midwest Asphalt Corp. $2,532,320.90 $2,336,156.60
C.S. McCrossan Const., Inc. $2,570.057.35
WHEREAS, it appears that Widmer, Inc. of St. Bonafacious, Minnesota, is the lowest
responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The Mayor and City Manager are hereby authorized and directed to enter into
a contract with Widmer, Inc. of St. Bonafacious, Minnesota in the name of the
City of Brooklyn Center, for Improvement Project Nos. 1999 -01, 02, and 03
according to the plans and specifications therefor approved by the City Council
and on file in the office of the City Engineer.
2. The City Clerk is hereby authorized and directed to return forthwith to all
bidders the deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained until a contract is
signed.
•
RESOLUTION NO.
3. The estimated project costs and revenues are as follows:
COSTS Eneineer's Estimate As Amended Per Low Bid
Contract $2,270,539.30 $2,173,859.55
Contingency(6 %) 136.232.36 130.431.57
Subtotal Construction Cost $2,406,771.66 $2,304,291.12
Admin/Legal /Engr. $ 168,474.02 $ 168,474.02
Reforestation $ 30,000.00 $ 30,000.00
Street Lights $ 35.000.00 $ 35.000.00
Total Estimated Project Cost $2,640,245.67 $2,537,765.14
REVENUES
Street Assessments $801,360.00 $801,360.00
Street Assessments(R -3) $6,204.80 6,204.80
Local State Aid 36,170.55 36,170.55
Municipal State Aid 135,082.88 132,812.22
Sanitary Sewer Utility 531,928.17 538,000.00
Water Utility 69,013.58 68,902.00
Storm Drainage Assessment 264,270.00 264,270.00
Storm Drain Utility 127,697.93 127,697.93
Other Funds 668.517.77 562.347.64
Total Estimated Revenue $2,640,245.68 $2,537,765.14
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
• and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 61
r
•
• MEMO
To: Jane Chambers, Assistant City Manager/HR Director
From: Patty Hartwig, MIS/Technology *
Subject: Voice/Data/Paging/CATV Cabling and Ceiling Paging Devices
City of Brooklyn Center Police Department -6645 Humboldt Avenue North
Bid Award Recommendation
Date: April 2, 1999
Bid specifications for Voice/Data/Paging/CATV Cabling and Ceiling Paging Devices for the City
of Brooklyn Center Police Department at 6645 Humboldt Avenue North were prepared with the
assistance of BKPV Architects, Bossardt Corporation, and LOGIS. Sealed bids were opened on
March 22, 1999 with the following results:
A.U.S. Communications, Inc. $46,478.95 (including MN Sales Tax)
• Connectivity Solutions $47,695.00 (not including MN Sales Tax)
Cady Communications, Inc. $55,206.16 (not including MN Sales Tax)
All State Communications, Inc. $57,500.00 (not including MN Sales Tax)
Collins Electrical Systems, Inc. $84,974.00 (not including MN Sales Tax)
I, BKPV Architects, Bossardt Corporation, and LOGIS reviewed A.U.S. Communications, Inc.
proposal and determined it to be compliant with the bid specifications. I further had contact with
the City of Eagan and City of Edina who recently had work done by A.U. S. Communications.
Both cities were very atisfied with the work performed mm
ry o pe o ed by A.U.S. Communications.
u
I recommend that we enter into a contract with the lowest bidder, A.U.S. Communications, Inc.
as specified in their bid proposal for Voice/Data/Paging/CATV Cabling and Ceiling Paging
Devices for the City of Brooklyn Center Police Department for the stated price of $46,478.95.
•
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR
VOICE /DATA /PAGING /CATV CABLING AND CEILING DEVICES FOR
BROOKLYN CENTER POLICE DEPARTMENT, IMPROVEMENT PROJECT
NO. 1998 -09
WHEREAS, the City Council established Improvement Project No. 1998 -09 for
Construction of a new Police Station; and
WHEREAS, specifications and bid documents were prepared by City staff and
reviewed by the electrical engineer of the project for BKPV Architects and by Bossardt Corporation,
Construction Manager of the project; and
WHEREAS, bids were received on March 22, 1999, for the cable project, and the low
bid has been reviewed and approved by City staff, LOGIS, BKPV Architects, and Bossardt
Corporation; and
WHEREAS, it is recommended that the award be made to the low bidder for the
• project, A.U.S Communications Inc.
Police Station - Cable/Wiring Bids
BIDDER BID AMOUNT
A.U.S Communications, Inc $46,478.95
Connectivity Solutions $47,695.00
Cady Communications, Inc $55,206.16
All State Communications, Inc. $57,500.00
Collins Electrical Systems, Inc. $84,974.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the Mayor and City Manager are hereby authorized to proceed with
development of the contract and the administration of the contract for A.U.S Communications, Inc.,
for cable /wire procurement necessary for the operation of the new police station, Improvement
Project No. 1998 -09.
•
RESOLUTION NO.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City ouncil Agenda Item No.
y a g 7
its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF STATE OF MINNESOTA
1999 COPS OVERTIME AGREEMENT
WHEREAS, the Minnesota Department of Public Safety will provide the City of
Brooklyn Center with an $8,000 overtime grant for community orientated policing as set forth in
the proposed grant agreement between the City of Brooklyn Center and the State of Minnesota
Department of Public Safety; and
WHEREAS, the grants will be used to target three apartment complexes within the
City of Brooklyn Center with additional community orientated policing activities through overtime
reimbursed by the State of Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that City Manager, Michael J. McCauley, being hereby is authorized to execute
the grant agreement between the State of Minnesota and the City of Brooklyn Center for 1999
COPS Grant.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
A QooKLYN C�pl
BROOKLYN CENTER
POLICE DEPARTMENT
POLICE
MEMORANDUM
TO: City Manager Michael McCauley
FROM: Chief Joel Downer
DATE: April 7, 1999
SUBJECT: 1999 COPS Overtime Agreement
The State of Minnesota, Department of Public Safety, has approved the City of Brooklyn
Center's request for overtime funding for certain community policing initiatives.
The initiative will take place in the Sterling Square, Brookdside Manor, and Summerchase
apartment complexes. The police department will conduct meetings with residents of each
• complex to outline problems in the complex and discuss proposed solutions including crime
prevention and crime free multi- housing initiatives. The second phase of the project will have
uniformed and plain clothes officers working foot patrol in the complex to address code
enforcement issues and enforce criminal statutes.
The goal of the project is to decrease police calls in each complex by 20 %. The grant money
must be spent between January 1, 1999 and December 31, 1999. The greatest portion of the
money will be spent June, 1999 through September, 1999.
JD:kh
copsga lmem
•
, (OFPuB Office of the Commissioner
445 Minnesota Street, Suite 1000, North Central Life Tower, St. Paul, Minnesota 55101 -5000
Phone: 651/296 -6642 FAX: 651.297.5728 TTY: 651/282 -6555
Internet: http: / /www.dps.state.mn.us
(P
9 �OF MNN�
February 24, 1999
Chief Joel Downer
Alcohol & Brooklyn Center Police Department
Gambling 6301 Shingle Creek Parkway
Enforcement Brooklyn Center, Minnesota 55430
Bureau of
Criminal Re: 99 COPS Grants
Apprehension
Capitol Security Dear Chief Joel Downer:
Driver & Vehicle
Services Enclosed you will find three copies of the State of Minnesota's 1999 COPS
Emergency Overtime Agreement. These three copies must be signed where indicated by
Management/ the individual(s) authorized to execute the agreement. You must also obtain
Emergency a resolution from your governing body authorizing the Brooklyn Center Police
Response
Commission Department to enter into a grant agreement with the State of Minnesota. The
•
resolution must indicate who is authorized to sign the Grant Agreement.
State Fire
Marshal/ Please ensure that the exact individual ) s who are authorized in the resolution
Pipeline Safety are the same individual(s) that actually sign the agreement.
State Patrol
After the appropriate signatures are obtained and the resolution adopted,
Traffic Safety please return all t3 Free agreements and a certified copy of the resolution to the
ar4r4re4zg inHi( ntnrri in ttlg Cvrarnt At- recrninmf At tHic nninf the State mall AYArrita
tv r ....
A t- o final Grant A g r eeliment.
(Ple fanl frno tr cl✓r:tnnt mo Mitl . art�r .ni !nctinn z vnri may 4,ayn at Rr;1 _";
iai 1k YOU.
i amcla uvt,Kan
Grant Coordinator
Enclosures
EQUAL OPPORTUNITY EMPLOYER
STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
FY 99 COPS OVERTIME GRANT AGREEMENT
SFY 1999 Fund 100 Agency No. P07 Org /Sub 6150 Appr. Unit 681
Entry Locn Object Code 51300 Req. No. 6000 -127 Contract No. 6000 -132 Order No. 6000 -132
Vendor Number Commodity Code Total Obligation Report Category
028419006 8,000.00
THIS COOPERATIVE AGREEMENT, by and between the State . of Minnesota, Department of Public Safety,
(hereinafter called the STATE) and City of Brooklyn Center, Brooklyn Center Police Department, 6301 Shingle
Creek Parkway, Brooklyn Center, Minnesota 55430 (hereinafter called GRANTEE), witnesseth that:
WHEREAS, the Department of Public Safety is the agency responsible for administration of funds available to the
State of Minnesota under provisions of Minnesota Statutes 299A.62 for the Community- Oriented Policing (COPS)
Grant Program; and
WHEREAS, the STATE is authorized under provisions of Minnesota Statutes 299A.62 to make grant contracts from
• state funds to qualified applicants; and
WHEREAS, GRANTEE is authorized to accept state funds for the purpose specified in Attachment 1; and
WHEREAS, GRANTEE represents that it is duly qualified and willing to carry out the tasks described in Attachment
1 ,
NOW, THEREFORE, the STATE and GRANTEE agree as follows:
I. SCOPE, PURPOSE, AND TASKS OF AGREEMENT. GRANTEE will carry out the tasks described in its
application for grant funds ( Attachment 1) which is hereby incorporated by reference and made a part of this
agreement.
ll. CONSIDERATION AND TERMS OF PAYMENT.
.A. Consideration for all services performed and goods or materials supplied by the GRANTEE pursuant to this
grant shall be paid by the STATE as follows.
1. Compensation shall be consistent with the Program Line Item Budget, included in Attachment 1 of this
agreement.
2. Reimbursement for travel and subsistence expenses actually and necessarily incurred by GRANTEE in
performance of this agreement in an amount not to exceed NONE dollars ($0.00); provided, that the
GRANTEE shall be reimbursed for travel and subsistence expenses in the same manner and in no
greater amount that provided in the current "Commissioner's Plan" promulgated by the Commissioner
of Employee Relations. GRANTEE shall not be reimbursed for travel and subsistence expense incurred
outside of the State of Minnesota unless it has received prior written approval for such out of state travel
from the STATE.
1 of 5
COPS /Overtime Grant/Brooklyn Center Police Department
• 3. The total obligation of the STATE for all compensation and reimbursements to GRAN
�9 p TEE shall not exceed
$8 from January 1999 through December 31 1999 .
rY , 9 ,
B. Terms of Payment.
1. Payments to the GRANTEE will be made by the STATE quarterly on a quarterly cost reimbursement
basis.
2. Payments shall be made by the STATE promptly after GRANTEE'S presentation of invoices for services
performed. Final invoices must be received within 45 days of the expiration date of this agreement.
3. Upon GRANTEE'S written request, an advance payment may be made after the grant agreement is fully
executed, in an amount not to exceed 25% percent of the budget total as determined necessary for
execution of GRANTEE'S obligations.
4. Invoices for reimbursement must be identified in approved budget categories and submitted on a
quarterly basis within 20 days of the end date of the reporting period in a form approved by the
Department of Public Safety. Invoices will not be processed without receipt of quarterly reports. Invoices
must be sent to: Pamela J. Docken, or her successor in office, Department of Public Safety, Office of
the Commissioner, 445 Minnesota Street Suite 1000, North Central Life Tower, St. Paul, MN 55101-
2128.
5. Payments are to be made from State funds obtained, by the STATE through the Community- Oriented
Policing (COPS) Grant Program authorized by Minnesota Statutes 299A.62. If at any time such funds
• become unavailable, this agreement shall be terminated immediately upon written notice of such fact by
the STATE to GRANTEE. In the event of such termination, GRANTEE shall be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed for which State funds are available.
The GRANTEE agrees to return any unused funds to the STATE.
6. The GRANTEE will expend grant funds allocated for this project according to the attached project budget
included in Attachment 1 of this agreement. The GRANTEE will submit a revised budget for any deviation
of 10% or more between the allowable funding categories. The revised budget must be approved by the
STATE before any expenditures can be made based on the revised budget.
7. The GRANTEE agrees to return any unused funds to the STATE unless prior approval for an extension
has been granted by the Grants Administrator and an amendment to the grant agreement has been duly
executed. Unused funds must be returned to the STATE within 30 days of the ending date of the
agreement.
III.` CONDITIONS OF PAYMENT. All services provided by GRANTEE pursuant to this grant shall be performed
to the satisfaction of the STATE as determined in the sole discretion of its authorized agent, and in
accordance with all applicable federal, state, and local laws, ordinances, rules and regulations. GRANTEE
shall not receive payment for work found by the STATE to be unsatisfactory, or performed in a violation of
federal, state, or local law, ordinance, rule, or regulation.
IV. FAILURE TO COMPLY. The GRANTEE agrees to return funds to the STATE for any work the STATE in its
sole discretion determined to be unsatisfactory or performed in violation of federal, state or local law,
ordinance, rule or regulation.
V. REDUCTION, SUSPENSION, OR TERMINATION OF FUNDING. If the GRANTEE does not fulfill obligations
2 of 5
COPS /Overtime Grant/Brooklyn Center Police Department
•
under the agreement in a timely and proper manner, or if GRANTEE violates conditions of the agreement, the
STATE may reduce, suspend, or terminate funding with a 30-day notice of the effective date of the action.
GRANTEE shall be entitled to payment for work or service satisfactorily performed for which state funds are
available.
This grant contract may be canceled by either party at any time with or without cause, upon thirty (30)
days written notice to the other party. In the event of such a cancellation, GRANTEE shall be entitled
to payment, determined on a pro rata basis, for work or services satisfactorily performed.
VI. TERMS OF GRANT. This grant contract shall be effective upon the date that the final required signature is
obtained by the STATE, pursuant to MS 16C.05, Subd. 2 and shall remain in effect until December 31, 1999,
or until all obligations set forth in this grant contract have been satisfactorily fulfilled, whichever occurs-first. The
GRANTEE may claim reimbursement for expenditures incurred for services performed on or after January 1,
1999.
V11. STATE'S AUTHORIZED AGENT. The STATE's authorized agent for the purposes of this agreement is Pamela
J. Docken, or her successor in office, Department of Public Safety, Office of the Commissioner, 445 Minnesota
Street, Suite 1000, North Central Life Tower St. Paul, MN 55101 -2128. Such agent shall have final authority
for acceptance of GRANTEE'S services.
VIII. REPORTING. GRANTEE will advise the STATE concerning project progress through such reasonable means
as the STATE may find convenient. These will include the following, and shall be submitted to: Pamela J.
Docken, or her successor in office, Department of Public Safety, Office of the Commissioner, 445 Minnesota
Street, Suite 1000, North Central Life Tower St. Paul, MN 55101 -2128.
A. The GRANTEE will advise the STATE concerning project progress through the submission of quarterly
reports as required by the STATE's Authorized Agent These reports will be due within 20 days of the end
of the quarter.
B. Submission of a final evaluation report within 30 days after the termination date of this agreement.
C. Submission of a final expenditure report within 30 days after the termination of this agreement.
D. GRANTEE shall make any and all project records, reports and other data available to the STATE upon
request; this includes submission of copies of any reports, data, surveys (including survey instruments),
or other materials for review and comment before they are prepared in final form, and six copies of all
materials produced by the project following production of the materials.
E. Permitting periodic site visits by the STATE's Authorized Agent, other STATE staff or other employees
of the State of Minnesota on behalf of the STATE.
F. If initiated, participation in statewide data collection and cooperation with a designated evaluator on behalf
of the STATE, for the purpose of statewide evaluation efforts and assistance with individual project
evaluation plans.
G. Participation in training and evaluation workshops may be required.
IX. ACCOUNTING, AUDIT AND RETENTION OF RECORDS.
3 of 5
COPS /Overtime Grant/Brooklyn Center Police Department
A. GRANTEE will establish a separate account of this project and will maintain fiscal records in accordance with
generally acceptable accounting principles. GRANTEE's records, documents, and accounting procedures
and practices fox this project shall be subject to the examination of the STATE's authorized agent and by the
Legislative Auditor.
B. The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this
Grant Contract shall be subject to examination by contracting department and the Legislative Auditor for a
minimum of six years.
X. NONDISCRIMINATION. As a condition of receiving support for this project, GRANTEE assures that it will meet
all applicable requirements of the Civil Rights Act of 1964, as amended (nondiscrimination on the basis of
handicapping conditions), and of any applicable state civil rights statutes.
XI. ASSIGNMENT. GRANTEE will neither assign nor transfer any rights of obligations under this agreement without
the P rior written consent of the STATE.
A. GRANTEE may subcontract to provide services as described in the work plan (Attachment 1). It is
understood, however, the GRANTEE remains solely responsible to the STATE for providing the products and
services described.
B. Identification of source of funding. All reports, materials, conference documents, and any other products
made available through this project, shall carry an acknowledgment that is was funded under provisions of
P 9
• the State of Wnnesota (Community. Oriented Policing Grant Program) and give credit to other party's
participation.
XII. AMENDMENT. Any amendments to this agreement shall be in writing, and shall be executed by the same
parties who executed the original agreement, or their successors in office.
XIII. LIABILITY. To the extent permitted by law, GRANTEE agrees to save and hold the STATE, its agents, and
employees harmless from any and all claims or causes of action rising from the performance of this agreement
by GRANTEE or GRANTEE'S agents or employees. This clause shall not be construed to bar any legal
remedies GRAN., cE may have for the STATE's failure to fulfill its obligations pursuant to this agreement.
Pursuant to Minnesota Statute 466, GRANTEE'S liability is governed by the Municipal Tort Claims Act.
XIV. WORKER'S COMPENSATION. The STATE affirms that GRANTEE provided acceptable evidence of
compliance with the workers compensation insurance coverage requirements of Minnesota Statutes, 176.181,
Subdivision 2.
XV. DATA PRNACY ACT. It is expressly agreed that GRANTEE is not a member of or included within the health,
education, criminal justice, or welfare systems for purposes of the Minnesota Government Data Practices Act
as a result of this agreement. If GRANTEE is independently required to comply with any requirements of the
Minnesota Government Data Practices Act, GRANTEE acknowledges that STATE shall not be liable for any
violation of any provision of the Minnesota Government Data Practices Act indirectly or directly arising out of,
resulting from, or in any manner attributable to actions of GRANTEE.
GRANTEE agrees to indemnify and save and hold the STATE, its agents, and employees harmless from
all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of
the Minnesota Statutes, Sections 13.01- 13.87, including legal fees and disbursements paid or incurred
to enforce the provisions of this agreement.
4of5
COPS /Overtime Grant/B7z>oklyn Center Police Department
a IN WITNESS WHEREOF, the parties have caused the grant to be duly executed intending to be bound thereby.
APPROVED
1. GRANTEE 2. DEPARTMENT OF PUBLIC SAFETY
By: By:
Title: Title:
Date: Date
By:
Title:
Date
3. ENCUMBERED BY
By:
Date:
Person(s) signing the agreement and obligating GRANTEE to the conditions of the agreement, must be authorized.
A certified copy of the resolution authorizing the GRANTEE to enter into this agreement and designating person(s)
to execute this agreement must be attached hereto.
Min
NOTICE TO GRANTEE: If GRANTEE is other than a government agency, it is required by Minnesota Statutes,
Section 270.66, to provide the social security number or Minnesota tax identification number if it does business with
the State of Minnesota. This information may be used in the enforcement of federal and state tax laws_ Supplying
these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities.
These numbers will be available to federal and state tax authorities and state personnel involved in the payment of
state obligations.
5 of 5
COPS /Overtime Grant/Brooklyn Center Police Department
BROOKLYN CENTER
ATTACHMENT
PAGE 1 OF 5
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
FY99 COMMUNITY- ORIENTED POLICING (COPS)
OVERTIME GRANTS PROGRAM 1
CONTRACTING AGENCY: Use your legal Project Director Name City Manager Michael McCauley
name and full address. This is the fiscal
agent with whom the grant agreement will be -
executed. Telephone Number 612/569 -3309
Brooklyn Center Police Department
6301 Shngle Creek Parkway
Brooklyn Center, Minnesota 55430 Fax Number 6121569 -3494
CONTACT MAILING ADDRESS: (If different Contact Name:
Chief Joel Downer
than above)
6301 Shingle Creek Parkway Telephone Number
Brooklyn Center, Minnesota 55430
Fax Number 612/0717 ,
Project Hennepin County, Brooklyn Center I Start Date End Date 12 -31 -99
�
1
Area
Grant agreements will not be I MN Tax ID # Federal Employee ID #
processed without these numbers. .8020966 41- 6005011
TOTAL GRANT
TOTAL GRANT FUNDS $8,000 GRA 8,000.00
GRANTED I
I I
REQUITED
Project Summary - 50 words or less in the space below:
The project will target three apartment complexes within the city of Brooklyn Center which have the greatest
numbers of calls for service. Officers working the project will exclusively be assigned to these three complexes
to work more cicc-ely with residents to identify and see solutions to the problems within the complex.
AUK -16- 19`'8 1.:0" BROOKLYN CENTER RCLICE 6125610717 P. 03/06
BROOKLYN CENTER
AT-rACHA4E. 1
PAGE 2 op 5
N ._.. NTFORMA T
f:
I. Application Agency (with which contract is to be executed)
arnc`;
t ;
CL V -1
Cit 6301 Shingle Creek Pk ± I
y oz Broe..:ytt Center Brooklyn Center, MN 55430 ( 612) 569 -3300
2Autlicrized Offiria!
S
P
tr e
r
^
1
M - ...
M i ch ael ael ,
M
CCc
t^�e.
- 6 C Pk
301 Shingle C..e�,
C Manager. 6301 l
Brooklyn Center, t'II 55430 f ( 612) 569 -3309 EI
3- Operating Agency (if different from
....::.... .
Leg al;N,.:: arne .
see c:
;.... ..
Brooklyn Ce.�i•�r 6301 f f
Ponca R, Shingle Creek Pkwy I
la` - er.:: Brooklyn Center, „ MN 55430 I
I (612) 569 -3333
4.C;ontact Person for fumher informadou on ap *on
Street'- Ci
ly
r ..
��301 Shingle C " reek Pk• y
Chief Joel • )o, yner
_ --- - Brooklyn Cente I� 55430 1(612
)
5 ` I certify J ,at U i-
Zjon Contained herein is Luc and accjur ate'tu Lie best, of my knowledge and that I sulin
this ap _.t3ott or of .:7e aop;icant agency.
Signatur or. - ku , xor zed Offs,
Title: `' o! r
---� -� Date:
AUG -16 -19 8 1 E'• BROOKLYN CENTER. POLICE 612561071 P.04
BROOKLYN CENTER
PAGE 3 OF 5
CT
<r
w" o
R
zi
.. n
a�
it
rr
Zz e�
(I) Dc - scribe the ; , o ,., ; I , . -` .�.,'::. ,,....;. .'.::.�'� "...., .. • <�•, <.. '� .:_
ofse to implement (specificauy state the problem you will address). (2) Describe
the services you int-4d to arovide and the population you will serve (identify the spec eo a Eric location
and why you dose dx_ ;_ ; (3) Describe how the need for this project was identified and hp this program
will address that net d t -,. ude facts on crime dernographics for the target area). (4) Describe the proeess You Propose '•) i �o= =rcemt (Provide specific information ab.)ut the individuals and organizat ohs that
actively helped in tIiC planrzing process). (5) If other organizations will help provide services, describe the
role. You xn3.y use u p to t= ( I 0) attachrn=t pages to support this narrative. ir
The project will a.,;�- e:ss the concerns of three specific a r
City of Brooklyn Cz - -Zer. These, complexes (Hi- Crest, Br Ianor & S nerche ` wihi
account for 25 -3G{ all ooksid police calls to apartment
n ca., a a
or 24 In 1997.. _- -� accounted for 30 %. In the
accounted for 27 %. first six s I menths1
of
The police de ary`��: Will conduct r,,eet.ings with residents of each cc�n
probl ple:c to outline
em in the c �:ex and discuss proposed solutions including crime
crime free Multi - initiatives. The second phase of the project weillhaven and
uniforn;ed and plate c_.othes officers working foot patrol in the complexes.
AUG -1 -1988 16:03 BROOKLYN CENTER POLICE b125o1rJ'71'l F'. b, %ro
BROOKLYN CENTER
ATTACHMENT1
PAGE 4 OF 5
� ,,r r
I .j
,
.,w•t m
a�
.. r
,
Wh at
ar e
'V t:r
,
1' de,.t goals/outcomes?
target p .... .... • . .
opulation as it relates to o tco 1)escribe how you will measure the impact p o YO U r sea
tit ur - rviCC
con y s
ICS_ 0 Y
c tl
LJ ` C2 r
•
se . vo
location cific exam
surreys from the community etc) Be realr c about what , Ou�Can�r g Statistics from the geographi
(I0) attaclintent pages to support this narrative, �u'e• You may use up to ten
Through t.he.• cooperative efforts Of the police de r
dents,'it is
the projected that a 20% deco Fa`tment, the complex rrznagement, and
the decrease will be seen in minor crime an d nu 11 be experienced. It is anticipated
measured by coring calls for service in T s- The decrease will be
these cOM.,plexes from last year to this year
(Attachment - calls -or police service)
AUG -18 -1998 16 :04 EROOKLYN CENTER FOLICE bld7bl�rir' r.�1b'tJb
BROOKLYN CENTER
I ATTACHMENT 1
PAGE 5 OF 5
;.R!;' � :...��� ° Fv S:C �1;::�iFN t< �+��.,`:K "' :mow •.w�,;, "�' ,7'„n...^ :>..•; . ^ ,.;....
E
�N n
E• ..
:
^
.`v
AP
L.I
BroOklyn Center :?Olive Departra nt
Average Salazy Uscd to Compute Grant Request
40.23
Number of Officers
2
AMO Of Overtime p er Week
20 Hours
Number of 41'eeks '
10
TOTAL BUDGET REQUEST 8,040 .
• � ,40
f STATF- AGENC
City Council Agenda Item No. 7b
1
•
• April 2, 1999
MEMO
TO: Michael J. McCauley, City Manager
FROM: Jane A. Chambers, Assistant City Manager/HR Director
SUBJECT: Northwest Hennepin Regional Human Rights Commission
A meeting was held March 23, 1999 at Crystal City Hall with various commissioners and City
representatives. This was the third meeting held with representatives of neighboring cities to see
if it was feasible to form a regional human rights commission. Northwest Hennepin Human
Services Council staff facilitated the meeting, as they have others, to help the group arrive at a
conclusion.
Attached, please see the agenda and schedule which was adopted by those attending the March
23 meeting. It appears there is adequate agreement amongst participants to proceed with the
regional human rights commission concept. Brooklyn Center City Council members have
previously received information mailed to them as part of the regional commission formation.
They may be aware that the cities of New Hope, Robbinsdale, Golden Valley, Plymouth, Maple
• Grove, Champlin, Brooklyn Park, and Crystal have each expressed interest in the regional
commission concept by sending representatives to the three meetings that have been held to
discuss the topic. It is anticipated that these cities will all participate in some form or another in
the regional commission. Some of the cities will retain their human rights and resources
commissions while others may plan to use the regional commission as their focus for human
rights issues.
As a member of Brooklyn Center staff, I have been asked to facilitate the Training /Speaker
Subcommittee. I met with representatives from Robbinsdale, Maple Grove, Crystal, Golden
Valley, and Plymouth who expressed interest in serving on the subcommittee. We identified
several speakers. I will be following up on suggestions for speakers and will make arrangements
for the June 1 speaker.
There is currently one member remaining on Brooklyn Center's Human Rights and Resources
Commission, Mr. Shawn Taylor. Mr. Taylor has been on the mailing list for the regional
commission formation, and should be aware of the meetings and discussion with regard to
formation of a regional commission. It may be appropriate to contact Mr. Taylor to see if he
would like to continue service as part of the regional effort. It may also be appropriate to ask that
an additional member or members of the community be appointed to serve, along with me and
the current Human Rights and Resources Liaison Council Member Debra Hilstrom. Since the
nest regional meeting is scheduled for June 1, 1999, it would be timely for any new
® appointments to be made as soon as possible so that we can have a full compliment of
representatives at the June meeting.
PROPOSED WORKPLAN
Regional Human Rights Commission
The Regional Human Rights Commission will meet quarterly. These meetings will be
two hours long. The meetings will consist of:
• Introductions/
group cohesiveness exercise 30 minutes
• Information sharing 30 minutes
• Speaker 30 minutes
• Work groups meet 30 minutes
Two subcommittees will be formed to carry out the workplan between the regional
meetings.
• Art and Essay Contest /2000 Heritage Festival subcommittee
This group will meet twice between the regional meetings (April, May, � g � P Y, Y,
Aug., Oct., Nov.). Every city will be represented on the committee. The
group will plan and implement events, reporting updates at each regional
• meeting.
• Training/Speaker Subcommittee
This group will determine and coordinate speakers for every regional meeting.
(Meet in April to determine topics and tasks; Meet in May to solidify
speakers; June meeting the first speaker will present and subcommittee will
present speaker plan for the rest of the year; convene after June if or when
necessary).
The suggested schedule for the quarterly regional meetings is the first Tuesday of the
month. These dates are:
Jun 1 1999 7:00 — 9:00 PM
September 7 1999 7:00 — 9:00 PM
December 7 1999 7:00 — 9:00 PM
i
I, •
City Council Agenda Item No. 7c
its adoption: Member introduced the following resolution and moved
RESOLUTION NO.
RESOLUTION OPPOSING HOUSE FILE 1276
WHEREAS, House File 1276 proposes to preclude staff of local government units
from serving on watershed management organizations; and
WHEREAS, the City of Brooklyn Center participates in two watershed management
organizations; and
WHEREAS, City staff has served on watershed management organizations
providing both effective service, technical expertise, and cost efficient service delivery; and
WHEREAS, the participating members of the watershed management organization
should be able to fill seats on the boards based on each individual member's best judgement.
NOW, THEREFORE, BE IT RESOLVED by 'the City Council of the City of
Brooklyn Center that it opposes House File 1276 and be it further resolved that the City's
• legislative delegation be and is hereby respectfully requested to oppose adoption of House File
1276 or other legislation that would prohibit staff of local units of government from serving on
watershed management organizations, or otherwise limiting the member municipalities in
watershed management organizations from organizing their intergovernmental cooperation upon
such terms and conditions as are found by the participating members to be most efficacious in
dealing with watershed issues.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
145 University Avenue West, St. Paul, I1N 55103 -2044
Phone: (65 1) 281 -1200 - (800) 923 -1122
L of tkrinnesota oilier Fax: (651) 281 -1299 - TDD (651) 281 -1290
Lilies ymnroli » y excellence
March 24, 1999
Mike McCauley
City of Brooklyn Center
6301 Shingle Creek Pkwy.
Brooklyn Center, MN 55430
Dear Mr. McCauley:
Attached is a copy of H.F. 1276 that passed out of Local Government and Metropolitan
Affairs Committee last week. This bill would affect watershed management organizations by
prohibiting appointed city officials from serving on the watershed management organization.
If you have any concerns, please contact the author of the bill, Representative Dennis Ozment.
Sincerely,
g Ak C
Gary Carlson, Director
Intergovernmental Relations
Encl.
I
AN EQUAL OPPORTUNITYIAFFIRMATIVE ACTION EMPLOYER
HT No. 1276, 1st Engrossment http: / /www. revisor .leg.state.mn.us...dbill.pl ?bill =H 1276.1 &session =ls8:
• ;
KEY: old language to be removed
underscored = new language to be added
NOTE: If you cannot see any difference in the key above, you need to change the disolav of stricken
and/or underscored language.
Authors and Status ■ List versions
FIX No. 1276, 1st Engrossment: 81st Legislative Session (1999 -2000) Posted on 3/19/99
1.1 A bill for an act
1.2 relating to water; modifying board membership on
1.3 watershed management organizations; amending Minnesota
1.4 Statutes 1998, section 103B.227, subdivision 2.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 1998, section 103B.227,
1.7 subdivision 2, is amended to read:
1.8 Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing
1.9 authorities for watershed management organization board members
1.10 shall publish a notice of vacancies resulting from expiration of
1.11 members' terms and other reasons. The notices must be published
1.12 at least once in a newspaper of general circulation in the
1.13 watershed management organization area. The notices must state
1.14 that persons interested in being appointed to serve on the
1.15 watershed management organization board may submit their names
1.16 to the appointing authority for consideration. After December
1.17 31, 1999, staff of local units of government that are members of
1.18 the watershed manaqement organization are not eligible to be
1.19 pointed to the board. Published notice of the vacancy must be
1.20 given at least 15 days before an appointment or reappointment is
1.21 made.
s
1 of 1 3/23/99 3:21 PN
470 Pillsbury Center
L M 200 South Sixth Street
® Minneapolis MN 55402
(612) 337 -9300 telephone
(612) 337 -9310 fax
C H A R T E R E D http: /hvww.kennedy- graven.com
CHARLES L. LEFEVERE
Attorney at Law
Direct Dial (612) 337 -9215
email: clefevere @kennedy- graven.com
MEi\IORANDUM
TO: Managers or Administrators of Cities Which Are Members of Bassett Creek,
Shingle Creek, West Mississippi and Lower Rum River Watershed Management
Organizations, and Commissioners
FROM: Charlie LeFevere
DATE: March 24, 1999
RE: Legislative Alert
•
It has recently come to our attention that bills have been introduced at the Minnesota Legislature
which would prohibit city councils from appointing city staff members to serve as board
members on joint powers watershed management organizations (such as Bassett Creek, Shingle
Creek West i
PP )
M ssissi i and Lower Rum). A memorandum on these bills and the status of the
bills is attached.
Under current law, there is no such prohibition and city councils can, and often do, appoint staff
members such as managers, administrators, or personnel from the city's engineering staff. There
may, of course, be reasons why a city council wishes to appoint one of its own members or a
member of the general public to serve on such a board. However, concern has been expressed
about the proposed bills because they would take from city councils the option of appointing city
staff personnel, even if the council were to determine that staff members would best represent the
interests of the city.
It may be difficult or inconvenient for city councilmembers to serve on such commissions or to
find interested citizens to do so, particularly in cities which are members of multiple joint powers
organizations. However, the most serious objection to the bills is that they take away the
prerogative of the city council to select representatives to joint powers boards whom the council
feels are best suited to represent the city by education, training, interest and availability.
CLL- 160299
BA295 -1
•
Any explanation from me about the purposes of the sponsors of these bills would be speculation
on my part. However, I have not been able to come up with a public purpose which would be
served by these bills.
If you, your mayors and councils have a position on these bills, I would encourage you to notify
your local legislators as soon as possible. I have discussed these bills with Gary Carlson of the
League of Cities and Gene Raniere of the AMM, both of whom are aware of the bills. However,
these organizations may not be aware of how cities would be affected by the bills, and I would
encourage you to notify them if you have special concerns.
I do not believe that the League of Cities or the AMM had any reason to expect that these bills
would be introduced. Therefore, formal positions have not been taken, and I do not believe that
either organization regards responding to these bills as a priority. In the absence of any response
by affected cities, I am concerned that the bills may become law simply because no one has taken
any steps to express their concerns to local legislators.
If you have any questions, or if I can be of any assistance, please feel free to give me a call.
CLL- 160299
BA295 -1
INTEROFFICE MEMORANDUM
Date: March 23, 1999
To: Charlie LeFevere
From: Ann J. Blair
Re: BA295 -1
Status of legislation relating to watershed management organizations;
HF 1276 / SF 1730
Attached are copies of the text and status of House File 1276 and its companion,
Senate File 1730.
The bill began in the House, and was heard in the Local Government and
Metropolitan Affairs Committee on March 16, 1999, where it was amended and passed
out of committee with a recommendation to pass. It is now on the House floor, where it
I
will be considered, although no date is set at this time. The amended copy PY of the bill is
attached to this memorandum).
The bill companion does have a committee hearing in the Senate, which presents
an opportunity to lobby against the bill. The bill, SF 1730, was introduced in the Senate
on March 11, 1999, and was referred to the Environment and Natural Resources
Committee. It is not yet on the committee agenda, but it must be heard by March 31, or it
will not meet the deadline.
House Bil) Status Document Display Document I ot'l http //www rev isor. leg. state. mn. us: 8 I/SE ... 61`VI%3DI%26K%3DHFI 27601999 %
� ..., i
4-1 1 K-IieJ
Loa I kn.
' a ' j 5� Qj kext
House Bill Status Search Form Senate Bill Status Search Form
House Bill Status Document Display Document 1 of 1
Bill Name: HF1276 Bill Text Senate Status Revisor Number: 99-2816
House Research Summary
Chief Author: Ozment
Author: Dempsey
Other authors
Companion File: SF1730 Bill Text Senate Status House Status
Short Description: Watershed management organization rganization board membership modified.
Z:I C�
Main Topic: Watershed Districts
Lona Descrintion
Unofficial Actions
Official Actions:
------- ---- - - - -- -----
Date i Action Committee /Description Dp,- _Irp ( Ro ll Ca It
Environment and Natural Resources
03/01/1999 reading, referred to
589 h89
Policy
'103/02 added 'Dempsey 1616 '1616
999 '11,,alled and re-referred Local Government and Metropolitan i
103/04/1999 60 to ' Affairs
03/18/1999 i1committee report, pass as
1085h085a
,amended
103/18/1999]Second reading
11096;11096
House Bill Status Search Form Senate Bill Status Search Form
H.F No. 1276, 1st En rossment htip:// www .revisor.leg.state.nui.us/cgi- bin /bldhiI I.pl ?N11 =H 1276.1&uessron
qqqqpp q* p, p t M
KEY: men = old language to be removed
underscored = new language to be added
NOTE: If you cannot see any difference in the key above, you need to change the display of stricken
and/or underscored language.
Authors and Status ■ List versions
HX No. 1276, 1st Engrossment: 81st Legislative Session (1999 -2000) Posted on 3/19/99
1.1 A bill for an act
1.2 relating to water; modifying board membership on
1.3 watershed management organizations; amending Minnesota
1.4 Statutes 1998, section 103B.227, subdivision 2.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 1998, section 103B.227,
1.7 subdivision 2, is amended to read:
1.8 Subd. 2. [NOTICE OF BOARD VACANCIES.] Appointing
1.9 authorities for watershed management organization board members
1.10 shall publish a notice of vacancies resulting from expiration of
1.11 members' terms and other reasons. The notices must be published
1.12 at least once in a newspaper of general circulation in the
1.13 watershed management organization area. The notices must state
1.14 that persons interested in being appointed to serve on the
1.15 watershed management organization board may submit their names
1.16 to the appointing authority for consideration. After December
1.17 31. 1999. staff of local units of govern that are members of
1.18 the watersh managem organi_7a.t.jon are not eligible to be
1.19 anpointed to the board. Published notice of the vacancy must be
1.20 given at least 15 days before an appointment or reappointment is
1.21 made.
Bill Summary H. F. 1276 httpli house- leg .st.ite.mn.us /hrd/bs181lHF1276 1
�a
Minnesota House of Representatives
House Research
Bill Summary
FILE NUMBER: H. F. 1276 DATE: March 16, 1999
Version: As Introduced STATUS: Local Government and
Metropolitan Affairs Committee
Authors: Ozment and Dempsey
Subject: Watershed Management Organizations
Analyst: Wendy Simons, 651 -296 -5052
(This document can be made available in alternative formats upon request.
Please call (651) 296 -6753 [voice]; or the Minnesota State Relay Service at
11- 800 -627 -3529 [TTY] for assistance.
• This bill amends the section of statute regarding filling vacancies on the boards of watershed management
organizations to make staffs of local governments that are members of an organization ineligible to be
appointed to the board of the organization.
U1101ficial status http://www.tiouse.1c
Minnesota House of Representatives
House Information
Unofficial Status HF1276
,jDate ]Committee Action
LOCAL GOVERNMENT & METRO AFFAIRS
;13/16/99 ''Recommended to pass, as amended
Senate Bi(I Status Document Display Document I of I http:/ /%vww.revisor.leg.state.mn.us:8 USE ... ARCH +INC +'SF17 30' +AND +SESSI0N_ NUMBER + =
r <a:Y lr.
M ina sa :
Senate Bill Status Document Display Document 1 of 1
Senate Bill Status Search Form House Bill Status Search Form
Bill Name: SF1730 Bill Text House Status Revisor Number: 99 -2816
Chief Author: Pariseau
Author: Langseth
Author: Robling
Author: Wiger
Companion File: HF1276 Bill Text House Status Senate Status
Short Description: Watershed management organizations board membership provision modification
Lona Description
Unofficial Actions
Official Actions:
Date - -- Action - `— - - I - Committee /Description - JP ' Doll Call
03/11/1999: Introduction and first reading; 643.
03/11/1999 Referred to ]Environment and Natural Resources
Senate Bill Status Search Form House Bill Status Search Form
•
(!1r W
BROOh'L 3'N
CENTER Public Works Department
MEMORANDUM
Engineering
4 O 7 s TO: Michael J. McCauley
Streets
FROM: Diane Spector
Parks SUBJ: Legislative Alert from Charlie LeFevere
Re: Proposed Legislation Prohibiting City Staff from Watershed
Public Management Joint Powers Boards
Utilities
DATE: March 25, 1999
Central
Garage
citu� Some additional information regarding this proposed legislation:
Watershed
Management 1) Since the Shingle Creek and West Mississippi WMO's were established in 1984,
the City has conducted an open application process to fill the Brooklyn Center
seat on those boards. This process is the same as used for any other Commission
or Task Force. To my knowledge, no member of the public at large has ever
applied to fill these vacancies.
2) The Shingle Creek and West Mississippi commissioners have debated how to
respond to criticisms (which have come from certain government agencies rather
than the public) regarding perceived lack of general public participation. Our
response has been that each City has a citizen - representative Planning
Commission, and most have a Park and Recreation Commission, Environmental
Commission, or both. These have proven to be adequate forums for public input
regarding watershed management issues. For example, Brooklyn Center's Park
and Rec Commission reviewed and debated issues relating to the desirableness of
using parkland for storm water detention ponds, and concluded that in general
only dry ponds were acceptable uses in active City parks. We also had a Local
Water Management Plan Task Force which provided citizen input into the
development of the City's Local Storm Water Management Plan.
3) If City staff are made ineligible to serve on these boards, the cost of operating the
board could increase. For example, the chair of the commission handles certain
correspondence and other duties and the treasurer handles all the books and works
with the auditor. If citizen board members were unable to take on these duties,
then they would have to be taken over by the contracted administrative staff.
Currently, these costs are absorbed by the city which that commissioner
represents. For example, I am currently the Treasurer for both commissions and
Sue Rice is the Deputy Treasurer. Together we spend about four hours per
month on Treasurer duties, and about ten hours just for the audit. Those 58 hours
of bookkeeping at the contracted administrative staff rate would be $2,030, plus
$200 supplies for copies.
If a citizen board member could take over the treasurer duties, he or she would have to be separately
bonded, as the treasurer handles about $250,000 annually. This plus the cost of supplies and services
is such as copying reports and bank statements would be an additional expense. There would be the
additional impact of City staff spending time with citizen board members initially, every month, and
then periodically reviewing issues, projects, and technical issues with the citizen board members so
they can make informed decisions regarding what are often highly technical issues. Note that each
City Commission or Task Force has a City staff liaison to provide information and assistance to
citizen commissioners.
4) City staff from the 11 Shingle Creek cities first came together informally in about 1972 to collectively
address issues being raised by the Corps of Engineers, which was reviewing floodplain levels in
preparation for development of floodplain mapping and federal flood insurance. The Shingle
Creek /West Mississippi watershed management organizations were formally organized as joint
powers organizations in 1984. These organizations are generally considered to be among the leaders
in WMO's, very responsible and very effective. For more than 25 years the cities' interests were
very effectively represented by city staff members.
Aside from a handful of single, very specific issues, there has been no general clamor from the public for
more representation. It was extremely difficult to get representation from the public for the Local Water
Management Task Force, which established the City policies regarding broad water resources issues such as
wetland management and water quality. The citizen representatives included a lakeshore association president
whose only interest was issues relating to "her" lake, a resident who was a civil engineer (and was the only
resident who stayed a member of the Task Force until the end), and a few others who wanted to be on any
commission or task force they could get on, they didn't care which, and who rarely attended meetings and
provided little input.
I believe it is important that the City take a position opposing this proposed legislation, as detailed by Charlie
LeFevere. In my several years as a Commissioner, I have never heard a concern expressed by the public that
I was not fairly representing its interest. I have periodically reviewed issues with both the Planning
Commission and the Park and Ree Commission. Aside from the objection that the proposed legislation would
take away a City Council prerogative, I believe that prohibiting City staff from serving as a board member on
a joint powers watershed management commission would greatly reduce those boards' effectiveness, which
would be an overall detriment to the public's interest.
City Council Agenda Item No. 7d
r
PROCLAMATION
DECLARING MAY 8, 1999, TO BE A DAY OF SPIRITUAL
REDEDICATION AND PRAYER IN BROOKLYN CENTER
WHEREAS, in 1952, an event was inaugurated by the Christian Leadership groups in the United States
Senate and the House of Representatives; and
WHEREAS, the annual National Prayer Breakfast has become a time for the rededication of the
individual and the nation to God; and
WHEREAS, many states and local communities have sponsored similar events at the state and local
level; and
WHEREAS, a volunteer committee of concerned citizens has joined together as the Brooklyn Center
Prayer Breakfast Committee, Inc., to sponsor an annual Brooklyn Center Community
Prayer Breakfast for a similar rededication of local community leaders, business
representatives, our city, and its citizens to high Judeo- Christian ideals; and
WHEREAS, the committee is planning the 21st Annual Brooklyn Center Community Prayer Breakfast
on the 8th day of May, 1999, at the Earle Brown Heritage Center; and
WHEREAS, the committee acknowledges our dependence upon God in our personal lives and in the life
of our community; and
WHEREAS, there will be an emphasis upon prayer in our personal lives and in the life of our
community in seeking God's guidance, protection, and blessing; and
WHEREAS, the speaker, Leith Anderson, a nationally recognized prayer leader, author, and pastor;
as well as the recording artists, Robert Robinson and Henry Wiens; will direct our
attention toward what kind of people we ought to be as we approach the twenty-first
century.
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota,
do hereby proclaim that Saturday, May 8, 1999, be designated as a Day of Spiritual Rededication and
Prayer in Brooklyn Center; that it calls upon all citizens to reflect upon our heritage and join in quiet
reverence and dedication; and that it calls upon the citizens of Brooklyn Center, both youth and adult, to
join with hundreds of their friends, neighbors, and fellow citizens at the 21st Annual Brooklyn Center
Community Prayer Breakfast on Saturday, May 8, 1999, at our historic Earle Brown Heritage Center. I
further encourage our churches to particularly pray for our community in their worship services during the
week of May 2, 1999, which also includes The National Day of Prayer on Thursday, May 6, 1999.
Date Mayor
Attest:
City Clerk
City Council Agenda Item No. 7e
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers i rom, Lasman, Nelson, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 8, 1999
SUBJECT: Work Session
I would request a general City Council Work Session be scheduled for Tuesday, April 20th at 7:00
p.m. in Conference Room B. While this would be a general work session, I would anticipate the
primary focus would be a continued discussion of Civic Center building issues.
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action/ Equal Opportunities Employer
City Council Agenda Item No. 7f
1
•
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers Hi, , Lasman, Nelson, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 8, 1999
SUBJECT: Traffic Safety Signs
Attached please find a memorandum from Ms. Spector regarding the specific area raised at the
Council Work Session and the general policy regarding children at play and other signs.
•
•
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action/ Equal Opportunities Employer
X ty ,f
OKLYN TER Public Works Department
MEMORANDUM.
Engineering
TO: Michael J. McCauley
Streets FROM: Diane Spectoov
I T 91 SUBJ: 59th & 60th Avenues, Brooklyn Blvd to Xerxes
Parks
DATE: April 1, 1999
Public
Utilities
•e
central Residents on these streets, especially 58th Avenue, have for numerous years complained
Garage about the volume and speed of traffic. The issue has been discussed extensively with the
neighborhood, in 1985 and again in 1991/92. Since that time, there have been few, if
any, complaints from that neighborhood to the Administrative traffic Committee.
Watershed
Management I have attached some information which summarizes the history of the debate. In general,
residents, again especially on 59th, complain that traffic uses their street as a "cut
through," to avoid the traffic signal at Brooklyn Boulevard and CR 10. Traffic traveling
• south on Brooklyn Boulevard looks ahead and sees that the light at CR 10 is red, then
turns onto 59th and proceeds to Xerxes, where they turn right to get to the Brookdale
commercial area. To a lesser extent, residents complain this happens on 60th as well.
In the very extensive discussions in 1985, numerous options were presented, none of
which achieved consensus. At that time, the decision was to do nothing. In 1991/92,
discussions again ensued, with the neighborhood requesting Stop signs at every corner.
The Council agreed to install "basketweave" Stop signs, that is, Stop signs at every other
corner.
Since that time, traffic counts and radar surveys have been taken to monitor traffic.
Traffic volumes and speeds have steadily decreased, with traffic volume down about 40
percent, and speed down from an average 85th percentile of 35 mph to an average 85th
percentile of less than 30 mph. Traffic volume on 59th is consistent with what we see on
other collector residential streets.
Children at Play Signs. Some residents, especially those who live on the higher - volume
collector streets, request Children at Play signs. Brooklyn Center has for many years had
a policy of not installing these types of signs. Very few communities install these signs
anymore, although they have allowed existing signs to remain posted. The reason behind
this policy is that there has been no evidence gathered at all that these types of signs have
any impact on vehicle speeds or reduced accidents. It is the view of law enforcement and
traffic engineering professionals that children are best served by being taught traffic safety
rules, and to avoid playing in the street. Sidewalks are encouraged. The Administrative
• Traffic Committee about 15 years ago put together a brochure explaining this policy, and
sends this brochure to residents who request such signs, explaining why they are not
installed here.
• Poliond fire personnel often • •
have their vehicles damaged at
speed bumps while responding
to emergencies. TRAFFIC SAFETY TIPS
For these reasons, Brooklyn Center
and many other cities reject the Helpful Hints on the Safe
speed bump as a standard traffic
control device on public streets and Proper, Use of Traffic
and alleys. Safety Devices
i
I
This bump rises dangerously
close to the bicycle pedal.
"Children at Play" Signs
and .
Speed Bumps
Issued by the City of
Brooklyn Center
OPLAY Although some Oes have posted such signs widely in residential areas, no factual evidence has been S PE E D presented to document their success
in reducing pedestrian accidents,
operating speeds or legal liability. BUMPS t Studies have shown tha many types
of signs attempting to.warn of
normal conditions in residential
areas have failed to achieve the
desired safety benefits. If signs
encourage parents and children to
believe they have an added degree of Did you know that speed bumps cars be
protection, which the signs do not dangerous? It's true! Though many
and cannot provide, a great people think that speed bumps are an
disservice results. Children should effective method for slowing down
"CHILDREN AT PLAY" not be encouraged to play within the traffic, there are many more reasons
street travelways. These signs for avoiding their use. Consider
Why Won' They Put Up openly suggest that such behavior is the following:
"Children At Play" Signs? acceptable.
_ 0 Speed bumps do not control all
types of vehicles effectively.
Some cars and trucks actually
An often heard neighborhood request have a better ride over speed
concerns the posting of generalized I bumps at faster speeds.
warning signs with "SLOW - CHILDREN
AT PLAY" or other similar messages. • Many people try to avoid speed
Parental concern for the safety of bumps by swerving to take the
children in the street near home, bump at an angle and driving
and a misplaced but wide - spread with one wheel in the glitter.
public faith in traffic signs to These are dangerous but common
provide protection often prompt reactions to speed bumps.
these requests.
D _ 0 Speed bumps create more noise
and cause much vehicle damage.
• Bicyclists often catch their ro, bike pedals on the bumps
��,,��'0 causing dangerous spills. This
f, Because of these considerations, is especially true of small
UU Brooklyn Center city government children's bikes.
discourages use of "CHILDREN AT
PLAY" signs. Specific warning for • It is impossible to remove
/ schools playgrounds, arks and
P Yg P snow at speed bumps with
°? other recreational facilities are conventional snowplow
available for use where clearly equipment.
_justified.
59th /60th Petition
"- History of Complaint
Complaint: June, 1985
0 Original complaint from resident of 59th Avenue regarding speeding on 59th, and plan in
Comprehensive Plan to close off 59th. She was in favor of this.
0 Neighborhood meetings 11- 14 -85, 5 -1 -86. Invited residents CR 10 to 63rd, BB to Xerxes.
Well attended. Discussed four options, plus suggestions from residents. No consensus.
Some vigorously supported closing off access from BB. Some supported stop signs. Some
thought should be resolved by improving CR 10 & BB. Concern about shifting problem to
other streets.
4 Options:
1. Close 59th at Beard
2. Partial barricade at Beard; allow eastbound traffic only into bank; westbound traffic
would be through
3. Convert 59th into one -way westbound
4. Divert traffic at 59th & Abbott
0 Referred to Central Neighborhood Advisory Group for its input. Met 7- 30 -86. Discussed all
options and neighborhood comments. Held public hearing. All 59th Ave residents in
attendance by show of hands favored blocking off 59th at Beard. Group recommended to
Planning Commission that staff find ways of reducing traffic without barriers, such as by
publicity, and to look into feasibility of sidewalk.
0 Planning Commission 8- 28 -86. Reviewed all information. Concurred with Advisory Group
recommendation and referred to City Council.
0 City Council, 10- 13 -86. Manager noted that PC recommended 59th be left open, although it
appears that a majority of the 59th Ave residents wanted it closed off. Concerned that traffic
would shift to 60th or 61st. Council concurred with PC. No further action taken.
Petition: October, 1991
0 At November meeting ATC reviewed updated accident history (minimal). Agreed that would
take through neighborhood advisory group process or else try installing stop signs on a trial
basis after new year began.
0 At January meeting, reviewed updated radar. ATC agreed conditions simply hadn't changed
since last time this was reviewed. After discussion, ATC decided to install on a one -year trial
basis, four -way stops at Abbott and 59th & 60th, and two way at the other intersections, with
59th /60th through streets. Notified Slupske.
0 1 -30 -92 letter from Slupske, stating response is not acceptable and notifying of intent to
appeal.
ADDENDUM TO TRAFFIC COMPLAINT /REQUEST FORM
FILE # 91 -028
REQUESTED BY: Tom Slupske
LOCATION 59th & 60th Avenues, Brooklvn Blvd. to Xerxes Ave N.
Step 3
1 -30 -92 Complainant sent letter rejecting ATC's proposal and asking next step in
process.
2 -24 -92 Complainant appeared at Open Forum, along with 8 -10 other
neighborhood residents, to again request all 4 -way stops. Council directed
ATC to meet with complainant to develop a solution.
3 -16 -92 ATC met with complainant. He stressed that his objective is to reduce
E p �
traffic on 59th and 60th, and would be willing to consider other
alternatives.
3 -23 -92 ATC recommends to Council that 4 -way stops be installed for one year at
Beard and Zenith on both 59th and 60th, and that 2 -way stops be installed
at all other north /south cross streets, and that before, during, and after
traffic studies be made. Also recommended sending individual petitions to
property owners on north side of 59th regarding sidewalk. If no
improvement occurs in one year, the ATC would consider installation of
traffic barriers.
3 -23 -92 Council approves recommendation. Signs installed on 3/31/92. Asked for
follow -up report in one year.
4 -17 -92 Petitions sent for sidewalk, due back April 30. (To 9 property owners on
north side of 59th.)
5 -11 -92 Sidewalk petitions came back 6 against, 2 for. Council considered these
results and voted not to pursue a sidewalk at this time. However, the
Council asked that sidewalks be reconsidered in the follow -up report.
5 -26 -92 Property owners notified.
� p ty o ers
RADAR S UR VEYS
YS
59TH AVENUE (BROOKLYN BOULEVARD TO XERXES)
.QE.
TH SPEED :..
.. DATE: T1ME<: `::` ; .VEI3ICIES SPEED SPEED:: ;;..`' SPEED: :.;<: > :< :LIMIT'DIRECTION _.
04/09/86 0745 - -0800 56 30.4 30.8 35.0 30
04/09/36 0905 -1005 105 30.5 29.8 36.0 30
04/10/86 0700 -0800 160 32.3 3 1.9 37.8 30
04/14/86 0650 -0750 125 30.1 29.8 34.6 30
04/16/86 0900 -1000 117 30.3 30.5 34.6 30
03/19/90 1515 -1845 498 28.8 28.9 34.0 30 E/W
03/20/90 1515 -1845 520 28.6 28.9 34.6
30 E/W
03/21/90 1530 -1845 469 28.5 283 33.4 30 E,W
05/16/90 0645 -0815 136 29.4 29.3 36.3 30 E/W
05/17/90 0645 -0815 91 26.6 26.0 32.6 30 E/W
05/18/90 0645 -0815 142 30.8 30.7 35.6 30 E/W
06/03/91 1400 -1500 93 32.8 32.3 37.4 30 E/W
06/03/91 1600 -1700 116 31.6 32.1 35.3 30 E/W
06/11/91 1200 -1245 90 30.3 31.0 35.2 30 E/W
11/27/91 0700 -0800 88 27.6 27.2 31.5 30 E/W
11/27/91 1230 -1330 150 29.2 29.1 33.8 30 E/W
12/03/91 1630 -1730 125 27.2 27.1 31.4 30
E/W
08/06/9 ,
� 09 2 -1310 163 22., 26.0
30 W
09/08/93 2020 -2234 64 24.0 21.3 29.2 30
09/09/93 1034 -1615 655 24.0 22.5 23.4
04/11/97 0911 - 0359 550 23.E
24.0 _7.0
30 E
RADAR SURVEYS
6t?' ' A IE:NUE: BROOKT�Y N HO�f:TI EVAI D 'FQ R X S
. AVERAGE. MEDIAN 85TH .o ..SPEED::
DATE: TIME::; ;:::.VEHI . SPEED . . SP EED' SPEED LIMIT DIRECTION:
4/11/86 0640 -0740 17 30.3 31.3 35.0 30
4/14/86 0830 -0930 20 27.1 24.0 32.8 30
12/17/87 0640 -0740 20 23.6 22.0 28.0 30
12/17/87 1630 - 1730 46 24.6 23.8 29.1 30
12/29/87 1630 -1730 26 25.8 25.5 30.5 30
1/5/88 0700 -0800 36 25.1 25.1 29.5 30
1214/91 0700 -0800 21 23.2 23.0 26.5 30 E/W
12/4/91 1200 -1300 24 24.8 24.6 28.0 30 E/W
12/4/91 1615 -1715 45 24.3 24.4 27.4 30 E/W
8/7/93 1005 -1457 76 21.4 26.0 30 W
9/10/93 0948 -1505 269 22.9 21.7 26.6 30 E/W
•
Traffic Counts
59th & 60th Avenues at Beard Avenue
60TH.::.;:
1985 1,809 814
1991 1,982 759
1993 1 ,404 572
I 1995 1,245 475
Average Daily Traffic; 1995 = May; 1991 -95 = July
•
•
a
City Council Agenda Item No. 7g
NIENIOR AND UM
DATE: April 5, 1999
TO: Michael McCauley, City Manager J
FROM: Diane Spector, Director of Public Services,,
SUBJECT: Resolution Recognizing the Desi of Brooklyn Center as a Tree City USA;
and Proclamation Declaring April 30, 1999, Arbor Day and May 1999, Arbor
Month in Brooklyn Center
For each of the past seven years, Brooklyn Center has strived for and achieved designation as a
Tree City USA by the National Arbor Day Foundation. This national award recognizes
communities with effective community forestry programs.
The City's forestry programs include the following:
♦ Care for and planting of park and boulevard trees;
♦ Diseased and nuisance tree removal program;
♦ Mandatory tree contractor registrations requiring certain minimums of liability insurance;
♦ Boulevard tree planting permits requiring proper placement of tree and selection of tree
species;
♦ A Residential Reforestation program which provides financial assistance in the form of
S50 coupons to property owners who have lost a tree to disease. The coupons are good
towards a replacement tree from one of several local nurseries;
♦ A tree ordinance specifying proper standards of care for all trees; and
♦ An Arbor Day and Month program which travels between elementary schools in
Brooklyn Center, providing teaching resources, learning activities, and an Arbor Day
event to plant one or more trees.
One of the requirements for Tree City USA cities is that they host Arbor Day or Arbor Month
celebrations. As noted above, several years ago we started working together with elementary
schools to promote Arbor Day. Willow Lane, Earle Brown, Evergreen Park and Northport
Elementary Schools have participated in past years, and Orchard Lane Elementary will be the site
for the 1999 Arbor Day and Month activities.
A resolution recognizing Brooklyn Center's designation as a Tree City USA and reaffirming the
City's commitment to its urban forest is provided for Council consideration. A proclamation
declaring Arbor Day and Arbor Month in Brooklyn Center is also included for Council
consideration.
•
Member introduced the following resolution and moved its
adoption:
RESOLUTION NO.
RESOLUTION RECOGNIZING THE DESIGNATION OF BROOKLYN CENTER AS A
TREE CITY USA
WHEREAS, the City of Brooklyn Center is committed to preserving and enhancing its
urban forest; and
WHEREAS, the National Arbor Day Foundation, upon the recommendation of the State
of Minnesota forester, has designated Brooklyn Center as a Tree City USA in recognition of 1998
forestry activities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The Council hereby recognizes and accepts the designation of Tree City USA
on behalf of the residents of Brooklyn Center.
2. The Council reaffirms its commitment to urban forestry, and directs staff to,
within the constraints of existing resources, continue a high level of maintenance
and reforestation efforts.
3. The Council commends city staff and the residents of Brooklyn Center for their
work in maintaining and enhancing Brooklyn Center's urban forest.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
PROCLAMATION
DECLARING APRIL 30, 1999,
ARBOR DAY
AND MAY 199 9
ARBOR MONTH IN BROOKLYN CENTER
WHEREAS, Trees are an increasingly vital resource in Minnesota today, enriching our lives by
purifying air and water, helping conserve soil and energy, creating jobs through a
large forest products industry, serving as recreational settings, providing habitat for
wildlife of all kinds, and making our cities more. livable; and
WHEREAS, Trees in our city increase property values, enhance the economic vitality of business
areas, and beautify our community; and
WHEREAS, Human activities such as construction damage and pollution, as well as drought,
disease and insects threaten our trees, creating the need for concerted action to ensure
the future of urban and rural forests in our state, country, and world; and
• WHEREAS, We are in a decade that emphasizes the environment and how people can positively
impact world problems like "global warming" by locally planting trees and ensuring
that these trees are nurtured, protected, and wisely used in the years ahead; and
WHEREAS, Brooklyn Center has been recognized as a Tree City USA by The National Arbor
Day Foundation and desires to continue its tree - planting ways
NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of
Minnesota, do hereby proclaim April 30, 1999, Arbor Day and May 1999 as Arbor Month in the City
Brooklyn Center, and I urge all citizens to support efforts to care for our trees and woodlands and to
support our city's community forestry program.
Date Mayor
Attest:
City Clerk
•
TIENIORANDUNI
• Date: April 5, 1999
To: Diane Spector
From: Joyce Gulseth
Subject: Arbor Day /Earth Day Activities
The National Arbor Day Foundation has designated Brooklyn Center as a Tree City USA for the
seventh year. The Tree City USA award, a designation which must be renewed annually, is
sponsored in cooperation with the National Association of State Foresters. To become a Tree City
USA, a community must meet four standards: a tree board or department, a city tree ordinance, a
comprehensive community forestry program, and an Arbor Day observance. The award indicates
that the City takes our municipal tree -care responsibilities seriously. An effective community
forestry program is an ongoing process of growth and renewal —a program of planting and care that
continues through the years.
Minnesota ranks third in the nation of Tree City USA Communities with 123 cities achieving the
status this year. The DNR, Division of Forestry hosted the Metro Region communities in an informal
awards luncheon on Thursday, April 1. Mayor Kragness, Ole Nelson and Joyce Gulseth represented
the City at the presentation ceremony.
• Attached is a resolution recognizing the designation of Brooklyn Center as a Tree City USA.
ARBOR DAY CELEBRATION
Attached is a proclamation declaring April 30 as Arbor Day, and May, 1999 as Arbor Month in
Brooklyn Center. The City of Brooklyn Center along with the students from Orchard Lane
Elementary School will celebrate Arbor Month at Orchard Lane Elementary on May 26, 1999.
Recognizing that trees play a vital role in strengthening our community's basic framework, the City
has made a commitment to continue the "outdoor classroom" concept introduced last year with a
multi -year plan to enhance our parks and increase awareness among youth of Arbor Month and the
benefit of trees.
Student Council members will assist the City's park personnel in a tree planting ceremony to begin
the establishment of a mini - arboretum for students to enjoy and study. The entire student body of
Orchard Lane Elementary School along with their families and friends will participate in the
ceremony which will be held in conjunction with the school's Art and Academic Fair.
EARTH DAY OBSER VANCE
In observance of Earth Day 1999, volunteers for the Adopt- A- Park/Trail /Street Program will
participate in the spring kick -off event Saturday, April 24. While many groups have already
. scheduled their spring cleanup on earlier dates, we do expect a good level of participation on April
24. Participating groups will be treated to coffee, juicy and rolls at the Community Center before
they begin their cleanup. The popular "trash treasure hunt" will also be a part of the event.
City Council Agenda Item No. 7h
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 8, 1999
SUBJECT: 53rd Avenue Greenway
In response to the City Council's inquiry, the following is a report on the current status of the
greenway. The target date for plans and specifications for the trailway, fence, and signage is the
second meeting in April. Rough grading has started along the greenway. The sidewalk will most
likely need to be removed for this grading prior to the trail placement. Contracts would be awarded,
if all goes well, by the end of May. The target for sod and fencing would be by the end of July.
•
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
City Council Agenda Item No. 7i
•
1
City of Brooklyn Center
A great place to start. A great place to stay.
MEMORANDUM
TO: Mayor Kragness, Councilmembers om, Lasman, Nelson, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 8, 1999
SUBJECT: Potential Joint Meeting for Presentation by Minnesota Department of
Transportation
At the April 7th Highway 100 Council meeting, it was suggested that all of the City Councils
participate in a presentation by the Minnesota Department of Transportation on the aesthetic design
elements for the Highway 100 project. These would be the aesthetic elements that were previously
presented to the City Council and generally found to be acceptable by the City Council. Apparently
not all of the City Councils have reviewed the aesthetic design proposals. The suggestion at the
April 7th meeting was that it would be useful for all of the City Councils to have the opportunity to
interact with one another and review the proposal together. A tentative date of April 28th has been
suggested. The actual date may not be confirmed until after the agenda materials have been
delivered. Thus, the item will be on the agenda, but the date may be changed between now and the
Council meeting on April 12.
6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
� •
City Council Agenda Item No. 7j
•
•
I
MEMORANDUM
® DATE: April 1999
P ,
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Works
SUBJECT: Resolution Relating to I- 94/694 and Zane Avenue North
As the attached memo previously provided to the Council indicates, Mn/DOT has initiated a
Technical Advisory Committee to begin the process of predesign for upcoming 1- 94/694
improvements. Two immediate items of discussion are: 1) the public input process, when should
it begin and in what format; and 2) the Council is still on record with Mn/DOT as requesting a
design alternate for an interchange at Zane, does the Council wish to reconsider that position.
Staff Recommendations
1) We assume that as general information becomes available, articles in the City newsletter
would be sufficient to keep the residents generally informed. Cable 12 would also be
invited to prepare stories on the project. For those residents or businesses more closely
impacted by the project, it is likely Mn/DOT will periodically prepare and mail brochures
to "affected' property owners. This is usually defined as the area adjacent to the roadway
being improved. What is the area the Council would prefer to receive these direct
mailings? An initial open house would not be scheduled until there are more specific
plans available. Would open houses covering all segments and all three cities involved
be sufficient or would the Council prefer separate open houses in Brooklyn Center,
specifically for Brooklyn Center residents and businesses?
2) The Joint Transportation Study prepared by SRF indicated that construction of a Zane
Avenue interchange in itself would not reduce traffic on Brooklyn Boulevard
significantly. The Study concluded that adding the third lane to 1- 94/694 and making
capacity improvements to Brooklyn Boulevard would improve traffic flow and improve
safety on Brooklyn Boulevard. It is clear from this study that given the upcoming
Brooklyn Boulevard project and the proposed third lane improvement, a Zane Avenue
interchange is no longer necessary and should no longer be considered.
A resolution stating that the Council no longer requests a Zane interchange design
alternate is attached for Council consideration.
•
X 6L } ;V
TER Public Works Department
•
E li MEMORANDUM
Engineering
TO: Michael J. McCauley
Streets
IT*, FROM: Diane Speetop'�.�'�� -
Parks SUBJ: I- 94/694 Third Lane Project
T
�tMnr_
Public DATE: March 22, 1999
Utilities
Central
Garage A Technical Advisory Committee has been established to work with Mn /DOT on the
upcoming third lane project on I- 94/694. This project consists of interchange
construction, bridge replacement and redecking, addition of a third lane and in some
Watershed places an auxiliary lane, and road resurfacing. The project limits are Humboldt Avenue
Management to Weaver Lake Road. The Advisory Committee consists of representatives from
Brooklyn Center, Brooklyn Park, Maple Grove, Hennepin County, and Mn /DOT.
The `00 -'02 TIP includes $25 million for the first phase of the project, the replacement of
• bridges and interchange construction at Hemlock Lane, West Broadway, and CR 81. The
draft `03 -'06 TIP includes $45 million for the balance of the improvements. The draft
`03 -'06 TIP is currently underfunded by $100 million, so if no additional funding is
forthcoming some projects will have to be eliminated or pushed back to future years.
Two issues have arisen in the Technical Advisory Committee which should be shared
with the Council for their discussion and response.
1) Construction Schedule. Mn /DOT has done a preliminary construction phasing.
The roadway work from Zane east to Humboldt (addition of the third lane, road
resurfacing) will not be completed until 2004 at the very earliest. There is no
technical or feasible way to move this forward; in fact, that portion of the project
is not yet officially funded, and won't be until the `03 -'06 TIP. The road work
cannot be accomplished until the bridge work is complete, and the earliest the two
year bridge work project can be let is Fall, 2001.
This will, of course, be unwelcome news for the neighborhood to the south of the
freeway, which was concerned about road noise and initiated discussions between
Rep. Carruthers and then - Transportation Commissioner Denn to get the project
moved up on Mn/DOT's schedule. On the plus side, under this schedule the road
work would still be completed two years ahead of what used to be the schedule.
The Technical Advisory Committee requests the Council's input on how best and,
• when to convey to the public information regarding the project. its components..
and its schedule. I note that there will be no "plans" to review for at least one
year.
2) Zane Avenue Interchange. For at least the past 10 -15 years, there has been discussion regarding a
proposed Zane Avenue interchange. (At one point many years ago, interchanges were intended to be
at Xerxes and Zane, but the Xerxes interchange was relocated to Shingle Creek Parkway and Zane
was dropped.) Of concern to planners was the growing inability of Brooklyn Boulevard to safely
convey expected increases in traffic volumes. It was hypothesized that an interchange at Zane would
relieve Brooklyn Boulevard. A typical comment was that Brooklyn Park traffic shouldn't be causing
congestion on a Brooklyn Center street, and that a Zane interchange would `keep Brooklyn Park
traffic in Brooklyn Park.' In 1990, by Resolution 90 -164, the City Council formally requested
Mn /DOT to prepare a design alternate for a Zane interchange when it prepared plans for any future
improvements to 1- 94/694.
In Brooklyn Park, the idea of an interchange at Zane was controversial, as well. The City's current
Comprehensive Plan does not indicate plans for an interchange, nor plans to upgrade the status of
Zane Avenue. Previous Brooklyn Park councils have been split on this issue, with some welcoming
for redevelopment purposes the possibility of increased traffic on Zane, and some opposed to
additional traffic adjacent to Northview Junior High and other residential uses. I do not know the
views of the current Brooklyn Park Council on this issue, but I do know that staff is opposed to any
changes to Zane other than pavement rehabilitation and possibly bridge widening.
In 1993, Brooklyn Center `piggybacked' on a Transportation Study being conducted by SRF for
Brooklyn Park, with the Brooklyn Center portion a study of potential improvements to Brooklyn
Boulevard. The recommendations of the report led directly to the Brooklyn Boulevard widening
project. The study also evaluated the impact of the proposed interchange at Zane. It concluded that
the benefit of the Zane interchange was equal to the benefit of the Brooklyn Boulevard improvements,
and that the Brooklyn Boulevard improvements should be constructed, and the idea of an interchange
at Zane be dropped. It further concluded that the third lane imrpovements would also reduce
congestion on Brooklyn Boulevard by diverting traffic to CR 81. The council directed staff to begin
working on what became the Brooklyn Boulevard roadway and enhancement projects, but did not
formally change its position on Zane. Therefore. Mn /DOT still has on record the Council's desire
for a Zane Avenue interchange alternate.
The Technical Advisory Committee has been notified by Mn /DOT that in order to meet the
accelerated schedule for the third lane project, cities (and Hennepin County where appropriate) must
be prepared to provide their own design services for interchange improvements. If the Council is
interested in pursuing the idea of a Zane Avenue interchange, then we must work together with
Brooklyn Park to pursue this, as well as bear the cost of consultant design. If, however, the Council
is satisfied that a Zane Avenue interchange is unnecessary, then it should formally make that statement
in the form of a resolution notifying Mn /DOT that it has rescinded its previous position.
•
Member Jerry Pedlar introduced the following resolution and
moved its adoption:
a. .
RESOLUTION NO. 90 -1
RESOLUTION RELATING TO HNDOT STUDY OF I -94 BET', 'EEN BROOKLYN
BOULEVARD AND I -494
WHEREAS, the Minnesota Department of Transportation (MNDOT) has
initiated a project development study relating to the improvement of Interstate
Highway 94 (I -94) between Brooklyn Boulevard in Brooklyn Center and I -494 in
Maple Grove; and
WHEREAS, heavy volumes of traffic entering and exciting from I -94 at the
Brooklyn Boulevard (CSAH 152) interchange create serious traffic congestion and
high accident problems, especially on Brooklyn Boulevard (CSAH 152) between 65th
and 69th Avenues North; and
WHEREAS it is the Council � opinion of the City C 1 that the project
P y P J
development study for I -94 can and should include the development of design
g
alternatives which will resolve the congestion and high accident problems on
Brooklyn Boulevard; and that one possible alternative is the construction of An
interchange at I -94 and Zane Avenue in the City of Brooklyn Park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. MNDOT is hereby requested to include into its project development
study for I -94 the development of design alternatives including the alternative
of constructing an interchange at the intersection of I -94 and Zane Avenue in
the City of Brooklyn Park which will resolve the congestion and high- accident
problem on Brooklyn Boulevard (CSAH 152) between 65th and 69th Avenues North.
2. the City Manager is hereby authorized and directed to forward this
request to MNDOT's Metropolitan area District Engineer, to the Hennepin County
Board of Commissioners, and to the Mayors of Brooklyn Park and Maple Grove, and
to the Metropolitan Council, along with requests for their support of - this
request.
August 13, 1990 � 7
Date � Mayor/
ATTEST: X).� 9 �.�►
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott and upon vote being taken thereon, the following
voted in favor thereof. Dean Nyquist, Celia Scott, Todd Paulson,
Jerry Pedlar, and Philip Cohen,
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
CITY OF BROOKLYN CENTER Council Meeting Date 05/10/93
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
PRESENTATION OF TRANSPORTATION STUDY REPORT
DEPT. APPROVAL:
Sy Knapp, birector of Public Works
MANAGER'S REVIEW/RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUiYEVIARY EXPLANATION: (PP su lemental sheets attached Yes 1
Submitted herewith is a draft copy of the "North Brooklyn Center Transportation
Study" as prepared by consulting engineers Strgar -Roscoe - Fausch, Inc. (SRF) , as
authorized by the City Council on July 13, 1992. This report provides traffic
analyses of Brooklyn Boulevard, analyzes the impact of future "3rd lane"
construction on I- 94/694 west of Brooklyn Boulevard, and provides traffic volume
forecasts and an evaluation of needs for other arterial and collector streets in
the northern half of Brooklyn Center.
One item of immediate interest to the City is SRF's evaluation of traffic volumes
and needs on Brooklyn Boulevard. We wish to call the Council's attention
specifically to following findings and recommendations by SRF:
• Construction of an interchange at I94/694 and Zane Avenue (in Brooklyn
Park) would reduce the Average Daily Traffic (ADT) on Brooklyn Boulevard by
only approximately 5000. Accordingly, the study concludes that the
construction of such an interchange would not be cost - effective.
• Construction of the "3rd lanes" on I94 -694 westerly from Brooklyn Boulevard
to I494 (in Maple Grove) will divert approximately 5000 vehicles per day
from Brooklyn Boulevard to T.H. 81 (in Brooklyn Park).
• The existing ADT on Brooklyn Boulevard between I94/694 and 69th Avenue is
46.700. North of 69th Avenue the existing ADT is 36.500. By year 2010
those volumes are expected to increase to 54.000 and 41.000 respectively.
• The existing "level of service" at various locations on Brooklyn Boulevard
ranges from D to F, with very high accident rates along this corridor.
• The study proposes a system of improvements to Brooklyn Boulevard which
will dramatically reduce congestion and accident problems, while
accommodating future growth.
■ The study concludes that the proposed improvements to Brooklyn Boulevard
and to I94/694 (i.e. - construction of the "3rd lanes" westerly from
Brooklyn Boulevard )will significantly reduce the volume of traffic which
now uses Shingle Creek Parkway -69th Avenue as a short -cut during peak
traffic hours.
RECOMMENDED CITY COUNCIL ACTION:
• a representative from SRF and City staff will present the draft report to
the City Council.
• discussion by City Council.
• direction to SRF regarding finalization of the report.
Note As a separate item on the Council's agenda, staff is recommending that the
Council approve a follow -up agreement with SRF to prepare a "conceptual layout
plan" — to present SRF's recommendations regarding Brooklyn Boulevard
improvements in graphic form — to facilitate public discussion of these
proposals, and to provide a basis for continuation of the Brooklyn Boulevard
redevelopment process.
•
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO I- 94/694 AND ZANE AVENUE NORTH
WHEREAS, the Brooklyn Center City Council by Resolution No. 90 -164 detailed
the Council's concern about congestion and safety at the Brooklyn Boulevard and I- 94/694
interchange and requested that Mn/DOT study and developing design alternatives for resolving the
congestion and high accident problems on Brooklyn Boulevard, one alternative to be the possibility
of constructing an interchange at I- 94/694 and Zane Avenue North; and
WHEREAS, in 1992/93 the cities of Brooklyn Center and Brooklyn Park engaged
the services of the consulting firm SRF, which evaluated the impact on traffic operations on
Brooklyn Boulevard of: a Zane interchange; improvements to Brooklyn Boulevard; and the addition
of a third lane on I- 94/694; and
WHEREAS, said traffic study concluded that improvements to Brooklyn Boulevard
to increase
se ca aci and improve safe a
capacity p safety as as completion of the third lane addition on I 94/694
would have the most cost - effect impact on traffic operations and safety on Brooklyn Boulevard, and
that the Zane Avenue interchange would not be cost effective; and
WHEREAS, the City and Hennepin County will cooperatively complete the necessary
improvements to Brooklyn Boulevard in 2000 and 2001.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. Mn/DOT is hereby notified that the Brooklyn Center City Council no longer
requests the development of a Zane Avenue interchange option as a part of
the proposed I- 94/694 third lane improvement project.
2. The City Manager is hereby authorized and directed to forward this
notification to Mn/DOT's Metropolitan District Engineer as well as the
Mayor and City Manager of Brooklyn Park.
i
Resolution No.
•
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 7k
•
MEMORANDUM
• DATE: April 6, 1999
TO: Michael J. McCauley, City Manager
FROM: Diane Spector, Director of Public Worl :
SUBJECT: Resolution Requesting the Hennepin County Department of Transportation and the
Minnesota Department of Transportation to Install a Traffic Control Signal System
on CSAH (Brooklyn Boulevard) at the TH 100 South Ramp Terminal
The City Council has recently received a request for traffic control improvements from residents in the
triang neighborhood ., borhood south of Happy Hollow Park, between Brooklyn Boulevard, TH 100, and 49th
Avenue. Specifically, the residents would like to accelerate the planned closure of the northbound 50th
Avenue ramps from TH 100. This neighborhood has experienced cut - through traffic from TH 100 using
50th Avenue as a short cut to Brooklyn Boulevard.
This issue has eriodicall
p y came up in the past, with mixed results. In the very early 1980's, in response to
resident complaints, intersection improvements and striping was completed, and police enforcement was
stepped up. Apparently this did not have the effect desired by the neighborhood, because in about 1983,
closure of these ramps was considered along with signalization of the Brooklyn Boulevard ramp terminal.
Consideration was terminated because opposition to closure of the 50th Avenue ramps from some residents
in the Happy Hollow neighborhood outweighed those in favor of such a closure.
In the late 1980's, what was then the impending TH 100 improvements and also continuing complaints
about minor traffic congestion at the intersection of 51st/North Lilac Drive with Brooklyn Boulevard
caused the Administrative Traffic Committee to review the history of this area. City staff brought these
issues to the attention of the City ouncil which in turn formally requested Hennepin Count o review
tY Y q P h' t
existing conditions on Brooklyn Boulevard between 49th Avenue and TH 100 and to develop p lans for
Y � rP
safety and access improvements. The consultant hired by the City to prepare additional options for the
France Avenue /TH 100 interchange, SEH, Inc., was asked to independently review the Brooklyn
Boulevard /TH 100 ramp terminal issue.
These formal studies found that the intersection of Brooklyn Boulevard and 51 st/North Lilac Drive met
signal warrants, and that the TH 100 south ramp terminal at Brooklyn Boulevard did not at that time meet
signal warrants, but would when the 50th Avenue ramp was closed. At that time Hennepin County was
willing to pay 50 percent of the cost of a traffic signal system at 51 st, provided the City paid 50 percent.
The City Council in December, 1990 reviewed this information, and on a 2 -3 vote, declined to request
Hennepin County to go forward with signalization. The City Council at that time considered but declined
to take action requesting Mn/DOT and HCDOT to consider installation of a traffic signal system at the
ramp terminal so that the 50th Avenue ramp could be closed. Direction given to staff was to wait until TH
100 plans were presented to the City by Mn/DOT to formally address this problem.
Which brings us to the current request from the neighborhood and their request for early closure of the
50th Avenue ramp. Mn/DOT is willing to close the ram if so requested b the City Council. It is staffs
P al
P q Y y
recommendation that such a closure be considered only upon completion of signal system improvements at
• the south ramp terminal. A resolution requesting Mn /DOT and HCDOT to consider this signal system
installation so as to move the 50th Avenue ramp closure forward is attached.
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION REQUESTING THE HENNEPIN COUNTY DEPARTMENT OF
TRANSPORTATION AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION TO
INSTALL A TRAFFIC CONTROL SIGNAL SYSTEM ON CSAH (BROOKLYN
BOULEVARD) AT THE TH 100 SOUTH RAMP TERMINAL
WHEREAS, pursuant to City Council Resolution No. 89 -194, the Hennepin County
Department of Transportation (HCDOT) reviewed the existing conditions and several problems
relating to CSAH 152 (Brooklyn Boulevard) between 49th Avenue North and TH 100 and in 1990
reported to the City that:
• installation of a traffic control system at the intersection of CSAH 152 (Brooklyn Boulevard)
with 51st Avenue North was warranted by then- existing traffic volumes; and that
• then- existing traffic volumes at the intersection of CSAH 152 (Brooklyn Boulevard) with the
south ramp terminal at the TH 100 interchange did not warrant installation of a traffic
control signal system at that intersection; but that
• if the existing OFF ramp for northbound traffic at 50th Avenue was closed, as currently
proposed by the Minnesota Department of Transportation (Mn/DOT) in conjunction with
their plans for the future upgrading of TH 100, then the resulting diversion of traffic to the
TH 100 /Brooklyn Boulevard interchange would increase the volume of traffic using the
intersection of CSAH 152 with the south ramp terminal to a level which would warrant the
installation of a traffic control signal system at that intersection.
AND WHEREAS, the City Council reviewed these findings in December, 1990 and
chose not to pursue improvements at that time; and
WHEREAS, residents in the neighborhood between TH 100 and Brooklyn Boulevard
have requested the City Council and Mn/DOT to close the ON and OFF ramps from northbound
TH 100 as soon as possible; and
WHEREAS, the City Council supports the closing of the ON and OFF ramps for
northbound traffic at 50th Avenue, as soon as possible, if a traffic signal system is concurrently
installed at the intersection of CSAH 152 (Brooklyn Boulevard) with the south ramp terminal from
TH 100.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
• Brooklyn Center, Minnesota that:
Resolution No.
•
1. Mn/DOT is requested to develop plans for closing the ON and OFF ramps
for northbound traffic at 50th Avenue North and to proceed with these
changes as soon as possible, contingent on item #2 below.
2. Mn/DOT and HCDOT are requested to proceed with installation of a traffic
control system at the intersection of CSAH 152 with the south ramp terminal
for TH 100, such installation to be complete before the ramps at 50th Avenue
are closed, based on a cooperative agreement between Mn/DOT and HCDOT
to be developed for this improvement.
Date Mayor
•
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
•
\ 4 i °
C cJ
\ - -- FRANCE o AVE. N
< Cn W fi t
SWING AVE. � N. r'' -A cn
U --I
rn X
l DREW AVE. N.
LA
Fq 1>
GO
OSSFO
ABBOTT AVE.
`. < \ O 1
ZENITH
r nom.,
r
t, to
XERXES AVE. N.
Ln c—
w c --
:o
/ �IASIA13URN— _.AVE —N. ° n
n v�
Iq
co
VCINEERS • ARCHITECTS ■ PLANNERS 3535 VADNAIS CENTER DRIVE, ST. PAUL, MINNESOTA 55110 672490-2000
September 27, 1990 RE: BROOKLYN CENTER, MINNESOTA
SIGNAL JUSTIFICATION REPORT
BROOKLYN BOULEVARD (CSAH 152)
AT THE NE BOUND EXIT /ENTRANCE
RAMP OF T.H. 100
SEH FILE NO: 91051
Mr. Sy Knapp,
Public Works Director
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Dear Sy:
As you requested, we have evaluated the impacts of closing the
• 50th Avenue access on the east side of T.H. 100. Included in
that analysis is the rerouting of Lilac Drive to access Brooklyn
Boulevard at the northeast bound T.H. 100 exit ramp.
If the access of T.H. 100 at 50th Avenue is closed, your
perception that a traffic signal is needed at the T.H. 100 exit
ramp and Brooklyn Boulevard is confirmed by our analysis.
Because of a lack of good alternate routing for the traffic
exiting T.H. 100 at 50th Avenue, we assume that 1000 of this
traffic will exit at Brooklyn Boulevard, thereby becoming left
turning vehicles onto Brooklyn Boulevard. We have further found,
and recommend, that a left turn lane be provided on Brooklyn
Boulevard at 51st Avenue. The amount of traffic turning left to
proceed east on 51st Avenue warrants a separate left turn lane at
`this time, and the condition will only worsen with the additional
50th Avenue traffic.
Because this intersection will meet warrants for signalization,
we have prepared the enclosed Signal Justification Report as a
means to start the process for this signal installation. In
reviewing the report you will note that we have tied into the
justification for the signal the following:
1. Rerouting of Lilac Drive.
• 2. Addition of a left turn lane at 51st Avenue.
3. Closing of 50th Avenue at T.H. 100.
SHORT ELLIOTT ST PAUL. CHIPPEWA FALLS,
HENDRICKSCN INC, MINNESOTA WISCONSIN
Mr. Sy Knapp
t September 27, 1990
Page #3
You will also note that there are some portions of the Signal
Justification Report which need completing. Specifically these
are:
1. The exit ramp speed from T.H. 100 to Brooklyn Blvd.
2. Accident information at this intersection.
3. Signal maintenance and funding responsibility.
4. Road costs and funding.
We appreciate the opportunity to work for you on this analysis
and await further instructions with regard to finalizing the
Signal Justification Report.
Sincerely,
Glen Van Wormer, P.E.
Manager
Transportation Department
P
i
GVW /cih
Enclosure
•
Janet L. Hungerford
• 4931 Beard Avenue North
Brooklyn Center, NIN 55429
(612) 535 -1590 (home)
(612) 335 -1935 (work)
September 24, 1998
Commissioner Jim Denn
Minnesota Department of Transportation
395 John Ireland Boulevard
St. Paul, MN 55155
Dear Commissioner Denn:
I am writing as a follow up to the letter Rep. Phil Carruthers sent to you dated September 14,
1998 (copy enclosed). As stated in that letter, my neighbors and I are extremely concerned about
the traffic situation in our neighborhood. We all live on or near the 50th Avenue exit. The
following is a brief explanation of our concerns.
As you are going North on Highway 100 there is an eastbound exit for 50th Avenue North which
brings cars off of Highway 100 directly onto 50th Avenue North. 50th Avenue North is a street
that runs between Highway 100 and Brooklyn Boulevard. The cars coming off of Highway 100
onto this exit are traveling at highway speeds coming into our neighborhood. The posted exit
speed is 25 mph but the cars are not at all slowing down. I know this for a fact because when I
myself take that exit I always exit at 25 mph and have had cars behind me honk at me, come
dangerously close to the back end of my car, and even have had them pass me on the exit because
I was driving too slow for them when in fact I was driving the posted speed limit. These cars are
coming into our neighborhood at speeds they were traveling on Highway 100. There have been a
number of occasions when children and dogs in our neighborhood have come dangerously close
to being hit by cars that are traveling at excessive speeds. This exit off of Highway 100 is now
obsolete. There is no need to have this exit open and dumping cars into our neighborhood at
speeds they are now traveling. There is another exit, the Brooklyn Boulevard exit, just up the
road a few hundred feet that cars should be using instead of coming into our neighborhood as
they are now. This 50th Avenue North exit was utilized in the earlier years of Highway 100 when
access was not available as it is now with the Brooklyn Boulevard exit. My neighbors and I have
spoken with the Brooklyn Center Police Department regarding our concerns. They are as
frustrated as we are with the situation. They also agree with us that this exit off of Highway 100
is obsolete and should have been closed years ago. There is no need to have highway traffic
coming into our neighborhood.
Commissioner Jim Denn
September 24, 1998
Page 2
•
I have Iived in this neighborhood for six years. In the past two years, I have noticed a tremendous
increase in the number of cars using this exit and the speeds at which they are traveling. This is
no longer a nice quiet residential area. It has become a speedway. The quality of life here and the
value of our homes are decreasing because of this problem. We no longer feel safe and secure in
our own homes because of the situation.
I am speaking on behalf of myself and my neighbors. We would like to have something done
about this situation. If you would like to meet with our neighborhood group, or if I can be of help
in answering any questions you may have, please contact me at either of the above telephone
numbers. We would greatly appreciate any help you can provide. Thank you.
Very truly yours,
et L. Hungerford
cc: Rep. Phil Carruthers
• Bill Schreiber, M'i 1 DOT
Judy Broeren
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
. 1500 West County Road B2
Roseville, MN 55113
October 30, 1998
The Honorable Phil Carruthers
State Representative, District 47B
Minnesota House of Representatives
463 State Office Building
100 Constitution Avenue
St. Paul, Nfinnesota 55155 -1298
RE: Control Section (C.S.) 2755, Trunk Highway (T.H.) 100 at 50 Avenue North
Dear Representative Carruthers:
We have reviewed the 50`h Avenue North exit from northbound T.H. 100 in Brooklyn Center as outlined in
our October 5 letter. As part of this review, we collected traffic volumes, crash and vehicle speed data, and
performed a field review. We also spoke to the City Engineer of Brooklyn Center to investigate any
concerns that the City may have regarding the proposed closure.
The results of this review show that there is little vehicular demand for the exit or entrance ramps to
northbound T.H. 100 at this location. They each appear to be operating safely, with only one accident
reported in this area in the past three years. Speed data shows an 85' percentile of 35 miles per hour (mph).
Though this does not indicate a significant safety issue, we understand the desire of the neighborhood to
close this access and support that desire. In addition, our discussion with the City indicates that they also
support such a closure.
These exit/entrance ramps are currently scheduled to be closed as a part of our T.H. 100 reconstruction
project. We are agreeable to accomplishing this closure sooner than the anticipated construction project. To
effect this closure in the near future (this Fall or next Spring), we will be asking the City of Brooklyn Center
to send us a formal request for such closure. In this manner, we can acquire their written concurrence with
such an action, and work' with them tc complete the closure.
Again, thank you for your interest in this highway safety issue. We look forward to working with the City
to accomplish this access closure. If you have any additional questions or concerns, please feel free to
contact Lars Impola, Traffic Studies Engineer at 797 -3126.
Sincerely,
Richar A. Stehr
Division Engineer
cc: Judy Broeren
• Eric and Janet Hungerford
Scott Brink, City of Brooklyn Center
Commissioner James Denn, i4in/DOT
Bill Schreiber, Mn1DOT
An equal opportunity employer
++j Minnesota Department of Transportation
Metropolitan Division
a. Waters Edge
1500 West County Road 82
• Roseville, MN 55113
November 3, 1998
Mr. Scott Brink
City Engineer
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
RE: Control Section (C.S.) 2755, Trunk Highway (T.H.) 100 at 50` Avenue North
Dear Mr. Brink:
Enclosed is information collected in our review of the exit ramp from northbound T.H. 100 to
50` Avenue North in Brooklyn Center. Also included is the correspondence received from
Representative Carruthers, and some of his constituents. I understand that the City has this
closure listed in their most recent comprehensive plan.
As discussed in my letter to Representative Carruthers, I ask that you provide a formal request to
close the exit and entrance ramps at this location. Once we have received this request, we will
• work with you to determine an acceptable time for the closure. The removal of this access from
the trunk highway, will remove a conflict oint and contribute to the overall safety ty of
northbound T.H. 100 in this area. It is also consistent '
with Mn/DOT s future plans for this
location.
Again, I appreciate your support, and look forward to working with you. If you have any
questions or concerns, please feel free to contact Lars Impola, Traffic Studies Engineer, at
797 -3126.
Sincerely,
chard A. Stehr
Division Engineer
Attachment
cc: Representative Phil Carruthers
Judy Broeren
Eric and Janet Hungerford
Commissioner Denn, ?Yin/DOT
Bill Scl rieber, Mn/DOT
An equal opportunity employer
City o f Brooklyn Center
A great place to start. A great place to stay.
November I2, 1998
Richard A.
Stehr, Engineer
stop En
Minnesota Dep ent of Transportation 7
Metropolitan tvision
Waters Ed
1500 W t County Road B2
Rose ' le, Minnesota 55113
TH 100 at 50th Avenue North
Dear Mr. Stehr:
We have received your letter and copies of correspondence regarding traffic concerns at the -
off/on ramps on the east side of T.H. 100 at 50th Avenue. It is our understanding that the ramps
will be closed at the time that particular segment of TH 100 is improved, now programmed for
the year 2002 according to the most recent information received from Mn/Dot. A request has
been made to close the ramps sooner. The City is willing to work with you on that request.
Traffic concerns on 50th Avenue between TH 100 an d Brooklyn Boulevard (CSAH 152) have
been conveyed to the City previously: as far back as 1981 according to our records. In 1981
actual traffic volume counts and speeds were very similar to those recorded recently. At that
time, the City and Mn/Dot collectively provided additional signage and striping to try to mitigate
the situation. Since that time, the City has responded to resident concerns with added police
enforcement(as resources allow) to deter speeding traffic.
50th Avenue between TH 100 and CSAH 152 is designated as a State Aid collector street under
the City's transportation system, and carries just over 1100 vehicles per day. Closing of the
ramps would necessitate a formal revoking of the State Aid designation by the City Council.
The alleviation of traffic problems in this area is not an easy task, and goes beyond 50th Avenue
and the ramps themselves. 51st Avenue runnin east from Brooklyn Boulevard is also a higher
volume collector street that caries significant amounts of-traffic from the Shingle Creek
Neighborhood of north Minneapolis. Closure of 50th Avenue to through traffic would in effect
route much of the "cut through" traffic to the intersection of TH 100 and Brooklyn Boulevard
and to the intersection of 51st and Brooklyn Boulevard.
Traffic flow and safety at those two intersections has previously been expressed as a concern. It
would be advisable to conduct further traffic studies at those two intersections before closing the
50th Avenue ramps. In fact, traffic counts conducted in 1980(when CSAH 152 was TH 152),
determined that a traffic signal was warranted at the intersection of TH 152 and 51st Avenue.
However, the intersection ranked very low on Mn/Dot's priority system at that time. Work
performed by a consultant retained by the City to develop additional options for the France
Avenue interchange suggested that when the 50th Avenue ramps were closed, the Brooklyn
Boulevard ramps would meet signal warrants.
6301 Shingle Creek Pkury, Brooklyn Center, XV 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
Ar. Affirmative ActionlEqual Opportunities Employer
City of Brooklyn Center
A great place to start. A great place to stay.
• I would expect that warrants for a signal may still be valid at one of the two intersections,
especially when considering closures of the 54th Avenue ramps. Before closing of the 50th
Avenue ramps, input from Hennepin County would therefore be needed as well, since Brooklyn
Boulevard is a County roadway.
We appreciate everyone's desire and efforts to forward the time frame on this issue. -Aa formal
request or decision on the City's part will require careful thought and consideration by the City
Council. Traffic issues need to be discussed further with Hennepin County as well, and I will be
contacting them. I would therefore expect the City Council to consider and act on this issue
sometime after the first of the year.
Thank you for your concern, and we Iook forward to working with you on this issue. If you ve
ha
any questions or need additional information, please contact me at 569 -3344.
Sincerely,
Scott A. Brink, P. E.
• City Engineer
cc: �2epresentative Phil Carruthers
Commissioner James Dean, MivDot
Bill Schreiber, Mn/Dot ti !'(- '' y
` j lr�� .
Eric and Janet Hungerfard
Judy Broeren
Diane Spector, City of Brooklyn Center
Michael McCauley, City of Brooklyn Center
Mayor Kragness and Council Members
•
6,301 Shingl r --
3 Creek Pkwy, Brooklyn Center, ,W 50.130 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 - FAX (612) 569 -3494
An Affirmative Action1Equal Opportunities Employer
Janet L. Hungerford
4931 Beard Avenue North
Brooklyn Center, MN 55429
612- 335 -1935 (w)
® 612 -535 -1590 (h)
March 25, 1999
Commissioner Michael Opat
A2400 Government Center
Minneapolis, MN 55487 -0240
Dear Commissioner Opat:
I am writing on behalf of the residents in my neighborhood. We live in an area in Brooklyn
Center on the east side of Highway 100, lying between Highway 100 and Brooklyn Boulevard.
50th Avenue North runs directly through our neighborhood. I am enclosing a map which shows
the area.
We have successfully lobbied MN DOT and the City of Brooklyn Center for closure ,of the 50th
Avenue exit ram from om northbound Highway 100. This exit ramp brings traffic off of Highway
neighborhood. I o correspondence 100 directly into our nei
g am enclosing nes ondence from both iViN DOT OT and the
City of Brooklyn Center which gives you the background on this matter. MIN DOT has agreed to
close this ram and has as asked the City for a formal request to close the ramp. As the enclosed
letter from the City indicates, the City needs input from Hennepin County before they can close
this exit ramp.
This matter will be discussed at the next City Council meeting on April 12, 1999. My neighbors
and I will be in attendance. At that time a resolution will be introduced to work expeditiously
with Hennepin County to accomplish the closure of this exit ramp.
We are writing to brim this to your attention and to ask for your help in getting this before
Hennepin County as quickly as possible. Anything that you can do to expedite this process will
be greatly appreciated. We would be available to talk with you or meet with you concerning this
matter.
Very truly yours,
J C
Janet L. Hun g erford
cc: Representative Phil Carruthers Michael McCauley, City of Brooklyn Center
• Scott Brink, City ty Engineer Mayor Kragness
Diane Spector, City t of Brooklyn Center City Council Members
Judy Broeren
City Council Agenda Item No. 71
MEMORANDUM
• DATE: April 6 1999
TO: Michael McCauley, City Manager
FROM: David L. Peterson, Public Works Superintendent ,27
SUBJECT: Resolution Amending the 1999 Central Garage Budget and Authorizing the
Purchase of one Track Type Dozer
The Central Garage has the timely opportunity now to purchase a replacement dozer for #55
from the Ziegler Inc. Rental Fleet. Our present dozer #55, a 1970 model, is scheduled for year
2000 replacement. We have adequate funds now and recommend replacing it for the following
reasons:
Need \Use
The old 455, a 1970 John Deere Dozer, has tracks which are not the wide pad tracks. It sinks and
gets stuck very easily unless conditions are dry, level, and good granular material. The present
equipment is small and underpowered in comparison to the equipment of today. The old
equipment is a considerably smaller dozer in all aspects. The 1997 dozer we are proposing to
purchase has the low ground profile and wide pad tracks which will fit our needs and uses in
Brooklyn Center. The 1997 replacement dozer is from the rental fleet. It has 1 108 hours on it
and a full warranty with it to 9 -99. This will give us the opportunity to use it extensively this
summer and get any needed repairs done under warranty. This dozer will meet our needs for the
next 20 years.
■ We could use this machine immediately on 53rd Avenue, the Greenway Project. Our old
dozer has been useless for grading and leveling around houses and trees with the narrow
tracks and soil conditions. This new machine would eliminate the need to contract the
work out or to rent a dozer.
■ We have two ballfields to construct at Firehouse Park this year in conjunction with
Brooklyn Center High School.
■ Our biggest present, ongoing, and long term use will be filling and grading sinking
ballfields, parks and trails, at the parks along Shingle Creek and Palmer Lake. Examples:
East Palmer, West Palmer, Central Park.
Funding: The Central Garage has $59,400.00 as of April 1, 1999 in built up replacement funds
for Dozer 955.
Cost: The final cost for this'dozer is $55,225.57 Price: $57,855.00
Less trade -in: $ 6.000.00
Sub Total: $51,855.00
• Sales Tax: $ 3.370.57
TOTAL COST: $55,225.57
• State Contract Purchasing: The State Cooperative Purchasing Venture, includes in the 1999
contract # SEQ790 -898, the clause for purchasing machines out of the Lease \Rental fleet with a
specified $ deduct per hour on the machine. Ex.= 1108 hours x $13.00 per hour = $14,404.00.
The Machine: 1997 Caterpillar Model D4C 111 LGP S \N 07SL00485. The price of this machine
new is $72,259.00. It has 1108 hours on it. This makes the $14,404.00 deduct. We have
inspected the machine at Ziegler Inc. and as mentioned have a full parts and labor warranty till
Sept. 1999. This machine has wide pad tracks, all the control, power and safety features we
require. Going from a 1970 model to a 1997 will be a night and day difference, similar to trading
our 1968 road grader for the 1998 model last year. It boosted our efficiency in snow plowing by
60 %. This is due maim to newer controls transmissions and power ti
y p ratios.
Recommendation: This size machine has the features to do most all of the foreseeable dozer
work in Brooklyn Center for many years. It is fully funded in the Central Garage today and still
has a full warranty to Sept. 1999. We have done our research and believe this is a good value for
the City of Brooklyn Center. I recommend authorizing purchase of this machine at the April 12,
1999 council meeting.
•
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE 1999 CENTRAL GARAGE BUDGET AND
AUTHORIZING THE PURCHASE OF ONE TRACK TYPE DOZER
WHEREAS, the City's 1970 crawler dozer is scheduled for replacement in 2000, and
in preparation the staff has been reviewing price and availability of used equipment; and
WHEREAS, as a result of this research the City has been offered an opportunity to
purchase immediately a used 1997 Caterpillar Model D4C111LGP that meets all requirements and
specifications to be on the 1999 Mn/DOT Cooperative Purchasing tractor /dozer bid at a total cost
of $55,225.57, including an offer of $6,000.00 for trade in of our 1970 John Deere Dozer; and
WHEREAS, this used Caterpillar track type dozer is a very good value, compared
to the cost of new or other used equipment; and
WHEREAS, there is accumulated depreciation funds in the amount of $59,400.00
set aside in the Central Garage Fund for the replacement of this equipment.
NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of
Y y y
Brooklyn Center, Minnesota that:
1. The 1999 Central Garage Budget is hereby amended to provide for the
purchase of a used 1997 Caterpillar track type dozer at a cost of $55,225.57.
2. The bid of Ziegler, Inc. is hereby accepted, and the purchase of one track
type dozer is hereby approved.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
-W
VIM �f
D4C
"I Series III Hystat
t�
& Se ries III
4,vv
Track-Type Tractors
?+; ry}' "�•, .�;h '�• v „ ".i„= f.,- fri. ",. �',,.�.a.'hti, ..,. t_..: "•`` G�„i'�,,,zr�. °.A.: F:�Px�' }.:�;;tj���•�
a 2�' `�p ti •� r 3;�lsF�v� :��$L''Y.'�F�' ) r „ •• r � y� 1"� . �.f;s.- ^...'rir� ?v�» �,^ �•: rv. e. k-. w`t•�.+(.w ��+'Ls.� .�� 1 r I II
a.Q _ A��d3?' ��^•� � "' a ^' /�' Y �fil*p':S _ •� Itl
" , a r � � W�i ( —, i 1 � lYl l
' �t ` � - � � �52bga�Ct�
r � _ M �'! •... - ±Tt� +mi t
f•• i �L, s k y . � '�-
lollo
HOW
amwxr
g
A
Nt[Ntt
F7-M MM F=__
ir,
or-if
t I
v V 1 �i( L> CuLGT i iu it". 00 i Z)GCU
ZIEGLER
Nl WEST 94TH STREET
MiNNEAPOUS. MN SU204299
612/888.4121
October 21, 1998
State Of Minnesota
Material Management Division
50 Sherburne Avenue -Room 112
St. Paul MN 55155 -1490
Re: MN DOT Did # SEQ790 -898 for Crawler Dozers (64- 185 H?)
1 •
Materials Management Division:
This letter is to be included as part of the Ziegler bid:
• 1. Attachments are quoted at factory installed prices, and in most cases cannot be field installed
on stock inventory at that price.
2. Ziegler will Offer to supply rental return tractors as part of this proposal subject to availability.
Pricing would be based off the quoted price for a new machine with a credit based on service
meter,llours on the rental machine. The credit per hour would be as follows: D3 C
$12.00/hour, D4C $13.00/hour, D5C S14.001hour, DSM $16,00/hour, D6M $18.00/hour,
D6R $25.00/hour. In addition, we will offer a Repurchase Guarantee on the rental returns
that will be based on a percentage of the transaction price: D3C, D4C, D5C - 30% of
transaction, DSM, D6M - 31 % of transaction, D6R - 32% of transaction. The warranty for all
rental returns is the balance remaining of a 3 year/5,000 hour power train warranty, from
initial date of inservice to the original user. These rental return machines also will be sold as
equipped, without the option to add options at the factory installed price.
V ery t y s
Greg Senske
Sales Manager
GCSJsg
a
City Council Agenda Item No. 7m
1
•
• MEMORANDUM
DATE: April 7, 1999
TO: Michael McCauley, City Manager , 1'4'-t
FROM: Michael Krech, Public Works Specialistp�
SUBJECT: Resolution Authorizing Execution of an Agreement to Lease Space on Water Tower #2 to
Nextel for the Purpose of Installing Wireless Communications Antennas
Nextel has submitted an application to the City to place wireless antennas on water tower number
two (Dupont and 69th). The application was submitted along with the required $2,000
application fee. City staff, Nextel, and the City Attorney have developed a site lease agreement
similar to the previous site lease agreement with Sprint for their antennas on water tower number
one (France and 69th). City staff is currently finalizing review of Nextel's construction plans.
Nextel will not be issued a building permit until a Site Lease agreement is executed, staff
approves the construction plans, and Nextel or their contractor submits a restoration bond to
cover construction activities.
• I recommend the City of Brooklyn Center authorize execution of a Site Lease agreement with
Nextel for the purpose of installing and maintaining wireless communication antennas on water
tower number two.
Member introduced the following resolution and moved its
• adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE SPACE
ON WATER TOWER #2 TO NEXTEL FOR THE PURPOSE OF INSTALLING WIRELESS
COMMUNICATIONS ANTENNAS
WHEREAS, Nextel West Corp., a Delaware corporation, has submitted to the City a request
to lease space on City water tower number two and a portion of the city -owned parcel of land on which the
tower is located, along with the required $2,000 application fee; and
WHEREAS, as compensation for the use of City facilities, Nextel West Corp. agrees to pay
an annual lease payment of $15,986.25 for the first year, prorated for the first year then annually increased
by the greater of 5 percent or the CPI, for twenty years, represented by one five year lease period with three
five year renewals; and
WHEREAS, Nextel West Corp., the City Attorney, and staff have negotiated a lease
agreement which is consistent with the City's Policy Regarding Wireless Telecommunications Facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota that:
1. The lease agreement between Nextel West Corp. and the City of Brooklyn
Center for the siting of personal wireless communications facilities at water
tower number two is hereby approved. The Mayor and City manager are
hereby authorized to execute said lease agreement.
2. All lease payments collected from said lease shall be deposited into the Water Utility
Fund.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
City Council Agenda Item No. 7n
•
•
City of Brooklyn Center
A great place to start. A great place to stay.
•
MEMORANDUM
TO: Mayor Kragness, Councilmembers Hilstrom, Lasman, Nelson, and Peppe
FROM: Michael J. McCauley, City Manager
DATE: April 8, 1999
SUBJECT: Dispatch Console Furniture and Control Electronics
Four bids were received for the dispatch console furniture and control electronics
The lowest bid
�I was rejected based on an evaluation that the bidder did not meet all of the requ ements. The third
lowest bid proposal incorrectly bid additional control electronics. The specifications called for three
dispatch furniture systems with only two of the dispatch furniture systems being outfitted with
console electronics. The specifications laces indicating that only ications were clear in several
complete c p 1?
two of the three furniture units would be equipped with radio controls. On the bid form itself the
heading for the whole form indicated three furniture system positions and two dispatch console
• electronics. However, on the second page of the actual bid specifications it indicated that "two (3)"
positions would be equipped with radio controls. Mr. LeFevere has reviewed the bid specifications
and documents with the consultant who prepared the bid documents. Mr. LeFevere has indicated
that the City would justified in rejecting all of the bids due to the one minor error and the indication
that if rebid, it appears that the City would receive a lower bid due to the confusion that one of the
bidders had with respect to the actual number requested. Mr. LeFevere has also indicated that it
would be filly defensible to award to the second low bidder. I would note that the third low bid, in
addition to bidding an additional set of console electronics also indicated in the bid document that
they would deliver within 120 days of notice to proceed which would have placed them beyond the
original deadline established in the bid documents. Chief Downer and I have reviewed this matter
and Chief Downer has indicated that he would prefer to have all of the bids rejected and the
specifications tightened and rebid.
6301 Shingle Creek Pkwy, Brooklyn Center, NIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300
Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494
An Affirmative Action /Equal Opportunities Employer
Member introduced the following resolution and moved
• its adoption:
RESOLUTION NO.
RESOLUTION REJECTING BIDS FOR COMMUNICATIONS EQUIPMENT,
IMPROVEMENT _PROJECT NO. 1998 -09, BROOKLYN CENTER POLICE
STATION
WHEREAS, the City Council established Improvement Project No. 1998 -09 for
construction of a new Police Station; and
WHEREAS, the City engaged communications consultant J. Jeffrey Nelson of PSC
Alliance to design dispatch and communications systems for the new Police Station and to develop
specifications and bid documents for procurement of the necessary equipment; and
WHEREAS, sealed bids were opened on March 12, 1999; and
WHEREAS, the lowest bidder does not meet all of the bid requirements and the
third low bidder relied on a typographical error in the specifications; and
WHEREAS, it would be in the City's best interest to reject all bids and to rebid
with revised specifications to eliminate ambiguity on delivery date specifications and number of
electronics required.
Police Station - Communications
BIDDER BID AMOUNT
BearCom $244,253.90
Capitol $260,433.03
Moducom $269,950.00
Motorola $318,726.82
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that:
1. The Mayor and City Manager are hereby authorized to reject all bids for
communications equipment for Improvement Project No. 1998 -09,
Brooklyn Center Police Station.
2. The Mayor and City Manager are hereby authorized to rebid
communications equipment for Improvement Project No. 1998 -09,
Brooklyn Center Police Station.
RESOLUTION NO.
•
i
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
i
•
612.825.6399 voice
ALLIANCE 612.825.8972 FAX
Telecommunications Consulting 4921 Fifth Avenue South - Minneapolis, NIN 55409.2644
e -mail: jndsommn aol.Cum
April 1, 1999
Ms. Jane Chambers, Asst. City Manager VIA FAX
City of Brooklyn Center 612.569.3494
6301 Shingle Creek Parkway 4 Pages
Brooklyn Center MN 55430 -2199
Sgt. Cathy Hennessy 612.561.0717
Police Department, City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430 -2199
Re: Proposals for Communications Upgrade
Dear Jane & Cathy:
I've completed an analysis of the four proposals received for this project. Via this letter I summarize
my opinions concerning content of those proposals and offer suggestions for next steps to award
a contract. I also summarize our meeting last week with Bearcom Communications during which
City staff, Bearcom representatives, and I met to discuss their submittal.
Pz�posal Su_ m
The four proposals and vendor's quoted total price for the complete configuration for each is as
follows:
Y.endo I System Desert ion To a1 Price
Bearcom Orbacom Console Equipment $244,253.90
Motorola Radio Equipment
Orbacom Furniture
Capitol Orbacom Console Equipment $260,433.03
Ericsson Radio Equipment
Orbacom Furniture
Moducom Moducom Console Equipment $269,950.00
Ericsson Radio Equipment
Watson Furniture Systems
Motorola Motorola Console Equipment $318,726.82
i Motorola Radio Equipment
CenterCore Furniture Systems
Ms. Jane Chambers & Sgt. Cathy Hennessy
. Page 2 - April 1, 1999
D i ussion & Analysis
Bearcom: Longest lead time items under the Bearcom proposal are quoted at 100 days. However,
the lowest priced proposal from Bearcom is, in my opinion non - compliant with specification
i tt>i�ememts and is therefore defective As discussed with Bearcom staff at our meeting with
them on Friday, March 26, 1999 their written submittal and subsequent explanations fail in at least
nine (9) separate areas to properly respond to project requirements. Specifically;
1) Improperly prepared bid guarantee check;
2) Improperly prepared proposal form;
3) Failure to provide a schedule of project activity;
4) Failure to describe how guarantee and on -site service will be rendered;
5) Failure to include data and calculations required by the specification;
6) Failure to describe how equipment will be housed;
7) Failure to adequately address radio interference control will be achieved;
8) Failure to quote proper antenna transmission line;
9) Failure to quote proper time synchronization clock.
As you know from our meeting, after proposals were opened I called and invited clarification
from Bearcom on several of these points and, following advice of your legal counsel,
representatives were permitted to personally appear before City staff to explain their submittal.
Even following my telephoned invitation and the on - site meeting I still hold the opinion that the
Bearcom proposal is non - compliant with project requirements. For these reasons, I recommend
that Bearcom's proposal for this project be rejected by the City. (See attached exhibit for more
detail on areas of concern.)
Capitol: Capitol's proposal is compliant with project requirements and is the second lowest cost
proposal. Longest lead time items for Capitol are quoted at 90 days. During discussion w'
ap q y g s ussion ith City
staff there has been discussion about Capitol's prior experience installing dispatch systems. As
shown in their proposal, Capitol does identify and offer the services of a thoroughly qualified
project manager (who has personal, prior experience installing dispatch equipment at a number
of other metro area public safety dispatch facilities). Capitol's references were available to City
staff for verification and in other material respects their proposed equipment and after - installation
service is compliant with project specifications. These factors combine to make Capitol the second
lowest priced, compliant bidder.
Moducom: Moducom's proposed delivery for longest lead time items is 120 days. In conversation
with the Moducom representative we are informed that actual delivery is expected to be less. A
careful reading of the text also shows that Moducom has accepted and agreed to the schedule
provisions of the specification in writing. Moducom's proposal is second highest in cost.
• Additionally, the proposal suffers from errors in preparation in that more equipment was quoted
than was required by specifications.
?5C)
A L L I A N C E
'kiccommunications Consulting
_ _ _ _ _ � via_ ,.�.. t✓.i i G - CJ.. U
Ms. Jane Chambers & Sgt. Cathy Hennessy
Page 3 - April 1, 1999
Based on advice from your legal counsel I understand that these "extra" items constitute defects
in the Moducom proposal which cannot be overlooked even if they were deducted to allow an
"apples -to- apples" comparison.
Motorola: Motorola's proposal meets the technical requirements of the specification. Longest lead
time items are quoted at 16 weeks after receipt of order. In a number of areas Motorola proposed
substitute
or alternative contractual language which varied from
that set forth in the specification
and approved by the City. Motorola's proposal also implies that if the City were later to decide
to join the Metropolitan 800 MHZ trunked radio system, its dispatching solution would offer the
basis for a migration path to participate on that network. However, Motorola's proposal does not
thoroughly explain that much of the equipment they propose is not directly compatible with the
proposed design of the metropolitan trunked system.
B�mm�
As you can see, simply reading the price entries on the proposal forms doesn't fully explain the
basis of the proposals received for this project. If City staff concurs that the Bearcom proposal is
defective, I recommend that their submittal be rejected and their proposal bond check be returned
to Bearcom.
It is my understanding that your legal counsel informs you that the second lowest bidder
be considered if the first low bidder is rejected. Based on my review of the furnished material I
recommend that the proper City officials be authorized to enter into a contract with Capitol
Electronics, Inc. to acquire the equipment and services described in their proposal dated March
12, 1999 for the stated price of $260,433.03. I make this recommendation based on my review
and belief that the Capitol Electronic Inc. proposal is responsive to specification and project
requirements.
Very truly yours,
PSC :flliance Inc.
l�
elson
612.825.6399 ext 123
F: 612.825.8972
•
�5C )
A L L I A N C E
Tciccommunications Consulting
-- - --- - -_ 1 c "
Ms. Jane Chambers & Sgt. Cathy Hennessy
Page 4 - April 1, 1999
Attachment
Following are observed defects with_the Bearcom proposal received by the City of Brooklyn Center
on March 12, 1999.
1. Bid security check contains a spelling error: Required by ¶2.3.1 of Page A -3 of specification.
2. Proposal form not signed: Required by ¶ 2.8 of Page A -5 of specification.
3. Schedule not provided: Required by ¶ 18 of Page S -10 of specification.
4. Inadequate explanation concerning guarantee & on -Site post acceptance maintenance notg
explained. Required by ¶ 16.1 of Page S -8 of specification and content of Addendum #2.
5. Failure to provide specification data needed for proper analysis of proposal. Required by ¶
2.4 of Page A -4 of specification.
6. Incomplete data on equipment enclosures: Required by 13.1 on Page 4 -5 of specification.
7. Unacceptable explanation of interference control measures: Required by ¶ 1 and 1.1 on Page
5 -1 of specification.
8. Improper transmission line quoted: Required by T 3, Page 5 -3 and corrected via addendum
to specification.
9. Improper time clock quoted: Requireed by ¶ 10, Page 3 -17 of specifications.
='5c)
A L L I AN C E
Telecommunications Consulting
TOTAL P.04
ff
T App— C) 612.825.6399 Voice
ALLIANCE 612.825.8972 FAX
Telecommunications Consultin.a 4921 Fifth Avemuc South • Minneapolis, MN 55409 -2644
e -mail: jnelsommn@anl.com
April 2, 1999
Ms. Jane M . an Chambers Asst. it
C y Manager VIA FAX
City of Brooklyn Center 612.569.3494
6301 Shingle Creek Parkway 1 Page
Brooklyn Center MN 55430 -2199
Sgt. Cathy Hennessy 612.561.0717
Police Department, City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center MN 55430 -2199
Re: Proposals for Communications Upgrade
Dear Jane & Cathy;
After FAXmg you my recommendation yesterday concerning this project I discovered a typographical
error in the letter.
The first page of the letter states that furniture under the Capitol proposal is supplied by Orbacom.
In fact, furniture is supplied by Watson. Watson furniture is fully compliant with specification
requirements.
This correction does not change my recommendation that the contract be awarded to Capitol
Electronics Inc. of St. Paul, MN.
Sincerely yours,
Alliance Inc.
I l elson v
V: 612.825.6399 ext 123
F: 612.825.8972
TOTAL P.01
City Council Agenda Item No. 70
r
1
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: April 8, 1999
SUBJECT: Shingle Creek Towers, 6221 Shingle Creek Parkway
Monday evening the Council will have before them a resolution giving final approval of a $7.2 million
housing revenue bond for the purchase and rehabilitation of 6221 Shingle Creek Parkway.
Preliminary approval was given to the project on July 27, 1998.
The bond issue is not a general obligation of the City. The revenues (rents) from the project are the
sole source of income to be used to pay the bonds off. In essence, the project before the Council is
the project as described to them last July. The resolution contains the five (5) conditions set forth
by the Council last July (July memo attached).
i The developer, Mr. Boisclair, at the direction of HUD Central, is no longer asking the City to hold
the note on the Section 236 financing. Instead the Minnesota Housing Finance Agency is being asked
to assume that responsibility as well as the monitoring of the project.
Mr. Boisclair will be available Monday evening to discuss the project.
•
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: July 23, 1998
SUBJECT: Shingle Creek Towers Public Hearing
The Council passed a resolution calling for a public hearing and giving preliminary approval to the
request of BOCA Limited Partnership for $7,200,000 in housing revenue bonds and $75,000 in
Section 42 Tax Credits.
The resolution before the Council Monday evening reflects the conditions set by the Council at the
June 23, 1998 Council meeting held at Shingle Creek Towers. The conditions of approval include:
1. Tenant paid portion of the rent will not increase for 1 year from the date of acquisition
(closing).
2. The borrower will pay all tenant costs associated with moving caused by construction.
3. Annual rents will not increase more than 3% or CPI which ever is lower.
4. Current residents will be able to continue as residents as long as they desire provided
they meet their obligations as tenants.
5. Cable hook -ups to be provided at no cost to tenants.
This resolution is still just a preliminary approval. Once there is a commitment of a bond allocation
and bond documents are prepared it will come back for final approval. It is my understanding that
there will not be funds available until January of 1999. Therefore, a final resolution will probably be
around February, 1999.
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING
REVENUE BONDS (SHINGLE CREEK TOWER PROJECT), SERIES 1999 IN THE
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,200,000, WHICH
BONDS AND THE INTEREST AND PREMIUM THEREON, IF ANY, SHALL BE
PAYABLE SOLELY FROM THE REVENUES OF THE PROJECT; PRESCRIBING THE
FORM OF AND AUTHORIZING THE EXECUTION OF AN INDENTURE OF TRUST,
A LOAN AGREEMENT, REGULATORY AGREEMENT AND CERTAIN RELATED
DOCUMENTS; AUTHORIZING THE EXECUTION AND SALE OF THE BONDS AND
DIRECTING DELIVERY THEREOF; AUTHORIZING ACCEPTANCE OF THE BOND
PURCHASE AGREEMENT IN CONNECTION WITH THE BONDS; AND PROVIDING
FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS OF SAID
REVENUE BONDS
WHEREAS, the City of Brooklyn Center (the "Issuer ") is a municipal corporation
organized and existing under the laws and the Constitution of the State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota,
particularly Minnesota Statutes, Chapter 462C, as amended (the "Act "), the Issuer is authorized to
carry out the public purposes described therein and contemplated thereby in the financing of housing
within its boundaries, by issuing revenue bonds to defray, in whole or in part, the development costs
of a rental housing development, and by entering into any agreements made in connection therewith
and by pledging any such agreements as security for the payment of the principal of and interest on
any such revenue bonds; and
WHEREAS, on July 27, 1998, the Issuer held a public hearing regarding a Program
for Multifamily Housing Development (the "Program ") pursuant to and in conformance with the Act
and Section 147(f) of the Internal Revenue Code of 1986, as amended, after publication of notice of
such hearing in a newspaper of general circulation in the City of Brooklyn Center at least 15 days
before the hearing; and
WHEREAS, pursuant to the Act, the Issuer proposes to undertake the Program
providing for the acquisition and rehabilitation of an existing multifamily housing development located
in the City known as the Shingle Creek Tower Project, a 122 -unit apartment housing development
located at 6221 Shingle Creek Parkway in the City (the "Project ") by Boca Limited Partnership (the
"Company), as purchaser of the Project and, for the financing thereof, to authorize, issue and sell its
Multifamily Housing Revenue Bonds (Shingle Creek Tower Project) Series 1999 in an aggregate
principal amount not to exceed $7,200,000 (the 'Bonds ") payable solely from the amounts pledged
therefor under the Indenture of Trust, dated as of April 1, 1999 (the "Indenture ") between the Issuer
and a trustee to be appointed by the Company (the "Trustee "); and
. WHEREAS, neither the Issuer nor the State of Minnesota nor any political subdivision
thereof (other than the Issuer and then only to the extent of the trust estate pledged in the Indenture)
RESOLUTION NO.
• shall be liable on the Bonds, and the Bonds shall not be a debt of the Issuer or the State of Minnesota
or any political subdivision thereof (other than the Issuer and then only to the extent of the trust estate
pledged in the Indenture), and in any event shall not give rise to a charge against the credit or taxing
power of the Issuer, Hennepin County (the "County "), the State of Minnesota, or any political
subdivision thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center:
1. The Issuer acknowledges, finds, determines, and declares that the preservation
of the quality of life in the City of Brooklyn Center is dependent upon the
maintenance, provision, and preservation of an adequate housing stock, which
is affordable to persons and families of low or moderate income, that
accomplishing this is a public purpose. The Issuer also hereby finds, determines
and declares that the Project has been designed to be affordable by persons and
families with adjusted gross incomes not in excess of 110 percent of the median
family income as most recently estimated by the United States Department of
a
� Housin and Urban Development for the Minneapolis /St. Paul Metropolitan
Statistical Area and that at least 40 percent of the dwelling units in the Project
will be held for occupancy by families and individuals with adjusted gross
incomes not in excess of 60 percent of the median family income.
2. For the purpose of financing the Project there is hereby authorized the issuance
of the Bonds. The Bonds shall bear interest at such rates, shall be in such
denomination, shall be numbered, shall be dated, shall mature, shall be subject
to redemption prior to maturity, shall be in such form, and shall have such other
details and provisions as are prescribed by the Indenture hereinafter referred to.
3. The Bonds shall be special obligations of the Issuer payable solely from the
revenues of the Project, in the manner provided in the Indenture. The Bonds do
not constitute an indebtedness, liability, general or moral obligation (except to
the extent of the trust estate pledged under the Indenture) or a pledge of the
faith and credit or any taxing power of the Issuer, the County, the State of
Minnesota, or any political subdivision thereof. The Issuer hereby authorizes
and directs the Mayor of the Issuer (the "Mayor ") and the City Manager of the
Issuer (the "City Manager ") to execute the Indenture, and to deliver to said
Trustee the Indenture, and hereby authorizes and directs the execution of the
Bonds in accordance with the Indenture, and hereby provides that the Indenture
shall provide the terms and conditions, covenants, rights, obligations, duties, and
agreements of the bondholders, the Issuer, and the Trustee as set forth therein.
The Manager is hereby authorized to approve changes to the maturity schedules
and mandatory sinking fund payment schedules for the Bonds set forth in the
Indenture and the Bond Purchase Agreement, provided that the maturity date
for any Bond shall not be later than the date set forth in the form of the
RESOLUTION NO.
Indenture. The Manager is hereby authorized to approve the final interest rate
for the Bonds at an average annual rate not exceeding eight percent (8.00%) per
annum unless otherwise set forth in the Indenture and the Bond Purchase
Agreement.
All of the provisions of the Indenture, when executed as authorized herein, shall
be deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date
of execution and delivery thereof. The Indenture shall be substantially in the
form on file with the Issuer on the date hereof, and is hereby approved, with
such changes as shall be approved by the Manager and the City's special counsel;
provided that the execution thereof by the Manager shall be conclusive evidence
of such determination.
4. The Mayor and the City Manager are hereby designated as the representatives
of the Issuer with respect to the issuance of the Bonds and the transactions
related thereto and are hereby authorized and directed to accept and execute the
Bond Purchase Agreement (the "Bond Purchase Agreement ") from Piper Jaffray
Inc. (the "Underwriter "). All of the provisions of the Bond Purchase
Agreement, when executed and delivered as authorized herein, shall be deemed
to be a part of this resolution as fully and to the same extent as if incorporated
verbatim herein and shall be in full force and effect from the date of execution
and delivery thereof. The Bond Purchase Agreement shall be substantially in the
form on file with the Issuer on the date hereof, and is hereby approved, with
such changes as shall be approved by the Manager and the City's special counsel;
provided that the execution thereof by the Manager shall be conclusive evidence
of such determination.
S. The Mayor and the City Manager are hereby authorized and directed to execute
the Loan Agreement, dated as of April 1, 1999 (the "Loan Agreement ") with the
Company, and when executed and delivered as authorized herein, the Loan
Agreement shall be deemed to be a part of this resolution as fully and to the
same extent as if incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The Loan Agreement
shall be substantially in the form on file with the Issuer on the date hereof, which
are hereby approved, with such changes as shall be approved by the Manager
and the City's special counsel; provided that the execution thereof by the
Manager shall be conclusive evidence of such determination.
6. The Mayor and the City Manager are hereby authorized and directed to accept
and execute the Regulatory Agreement, dated as of April 1, 1999 (the
"Regulatory Agreement ") with the Company and the Trustee and, when
executed and delivered as authorized herein, the Regulatory Agreement shall be
RESOLUTION NO.
deemed to be a part of this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date
of execution and delivery thereof. The City shall have no obligation to enforce
or monitor the Company's obligations under the Regulatory Agreement, and all
such enforcement and monitoring shall be delegated to the Trustee. The
Regulatory Agreement shall be substantially in the form on file with the Issuer
on the date hereof, which is hereby approved, with such changes as shall be
approved by the Manager and the City's special counsel; provided that the
execution thereof by the Manager shall be conclusive evidence of such
determination.
7. All covenants, stipulations, obligations, representations, and agreements of the
Issuer contained in this resolution or contained in the Indenture or other
documents referred to above shall be deemed to be the covenants, stipulations,
obligations, representatives, and agreements of the Issuer to the full extent
authorized or permitted by law, and all such covenants, stipulations, obligations,
representations, and agreements shall be binding upon the Issuer. Except as
otherwise provided in this resolution, all rights, powers, and privileges
conferred, and duties and liabilities imposed, upon the Issuer by the provisions
of this resolution or of the Indenture or other documents referred to above shall
be exercised or performed by the Issuer, or by such officers, board, body, or
agency as may be required or authorized by law to exercise such powers and to
perform such duties. No covenant, stipulation, obligation, representation, or
agreement herein contained or contained in the Indenture or other documents
referred to above shall be deemed to be a covenant, stipulation, obligation,
representation, or agreement of any officer, agent, or employee of the Issuer in
that person's individual capacity, and neither the City Council, members of the
Issuer nor any officer or employee executing the Bonds shall be liable personally
on the Bonds or be subject to any personal liability or accountability by reason
of the issuance thereof.
a
8. Except as herein otherwise expressly provided, nothing in this resolution or in
P P YP b
the Indenture, expressed or implied, is intended or shall be construed to confer
upon any person, firm, or corporation other than the Issuer, and the Trustee, as
fiduciary for owners of the Bonds, any right, remedy, or claim, legal or
equitable, under and by reason of this resolution or any provision hereof or of
the Indenture or any provision thereof; this resolution, the Indenture and all of
their provisions being intended to be and being for the sole and exclusive benefit
of the Issuer and the Trustee as fiduciary for owners of the Bonds issued under
the provisions of this resolution and the Indenture, and the Company to the
extent expressly provided in the Indenture.
• 9. In case any one or more of the provisions of this resolution or of the Indenture
or of the Bonds issued hereunder shall for any reason be held to be illegal or
RESOLUTION NO.
invalid, such illegality or invalidity shall not affect any other provision of this
resolution or of the Indenture or of the Bonds, but this resolution, the Indenture,
and the Bonds shall be construed as if such illegal or invalid provision had not
been contained therein. The terms and conditions set forth in the Indenture, the
pledge of revenues derived from the Project referred to in the Indenture, the
pledge of collateral derived from the Project referred to in the Indenture, the
creation of the funds provided for in the Indenture, the provisions relating to the
application of the proceeds derived from the sale of the Bonds pursuant to and
under the Indenture, and the application of said revenues, collateral, and other
monies are all commitments, obligations, and agreements on the part of the
Issuer contained in the Indenture, and the invalidity of the Indenture shall not
affect the commitments, obligations, and agreements on the part of the Issuer to
create such funds and to apply said revenues, other monies, and proceeds of the
Bonds for the purposes, in the manner, and according to the terms and
conditions fixed in the Indenture, it being the intention hereof that such
commitments on the part of the Issuer are as binding as if contained in this
resolution separate and apart from the Indenture.
10. All acts, conditions, and things required by the laws of the State of Minnesota,
relating to the adoption of this resolution, to the issuance of the Bonds, and to
the execution of the Indenture and the other documents referred to above to
• happen, exist, and be performed precedent to and in the enactment of this
resolution, and precedent to the issuance of the Bonds, and precedent to the
execution of the Indenture and the other documents referred to above have
happened, exist, and have been performed as so required by law.
11. The City Council, members of the Issuer, officers of the Issuer, and attorneys
and other agents or employees of the Issuer are hereby authorized to do all acts
and things required by them by or in connection with this resolution and the
Indenture and the other documents referred to above for the full, punctual, and
complete performance of all the terms, covenants, and agreements contained in
the Bonds, the Indenture and the other documents referred to above, and this
resolution.
12. The City Manager is hereby designated and authorized to take such
administrative action as is permitted or required in connection with the issuance
of the Bonds by the Indenture, the Loan Agreement, the Regulatory Agreement
and the Bond Purchase Agreement.
13. The Mayor and the City Manager of the Issuer are authorized and directed to
execute and deliver any and all certificates, agreements or other documents
which are required by the Indenture, the Loan Agreement, the Bond Purchase
. Agreement, the Regulatory Agreement or any other agreements, certificates or
documents which are deemed necessary by bond counsel to evidence the validity
RESOLUTION NO.
or enforceability of the Bonds, the Indenture or the other documents referred to
in this Resolution, or to evidence compliance with Section 142(d) of the Internal
Revenue Code of 1986, as amended; and all such agreements or representations
when made shall be deemed to be agreements or representations, as the case
may be, of the Issuer.
14. If for any reason the Mayor of the Issuer is unable to execute and deliver those
documents referred to in this Resolution, the Mayor pro tem of the Issuer may
execute and deliver such documents with the same force and effect as if such
documents were executed by the Mayor. If for any reason the City Manager of
the Issuer is unable to execute and deliver the documents referred to in this
Resolution, such documents may be executed and delivered by the Assistant City
Manager with the same force and effect as if such documents were executed and
delivered by the City Manager.
15. The following specific conditions shall be applicable to the Project and the
Bonds:
a. Tenant paid portion of the monthly rent will not be increased by the
Company for one year from the date of acquisition.
b. If a resident has to move while building is under construction, the Company
will bear the expense.
c. Annual rent for existing tenants will not be increased by more than 3% or
the Consumer Price Index, whichever is lower.
d. Current residents will be able to stay as tenants after purchase of the Project
by the Company as long as they desire and meet their obligations as tenants.
e. Cable hook -ups will be provided at no cost to the residents, provided actual
monthly service will be at the tenant's expense.
16. This resolution shall be in full force and effect from and after its passage.
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.