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Home My WebLink About1996 02-12 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER February 12, 1996 7 p.m. 1. Call to Order r 7Prr� 2. Roll Call D5) m rn rnk K m n 3. Opening Ceremonies � "{J a. Flag Ceremony by Boy Scout Troop 454 4. Council Report 5. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. 0 Jai a. Approval of Minutes Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. K.rn 1. January 20, 1996 - Special Work Session 2.. January 22, 1996 - Regular Session b. Resolution Appointing Michael J. McCauley as Alternate to the Board of Directors of the Northwest Hennepin Human Services Council C. Application from Orchard Lane PTA for Authorization to Conduct Excluded Bingo X& --� p( d. Application from National Kidney Foundation of the Upper Midwest for Authorization for an Exemption from Lawful Gambling License KM { 0 --� Pfd � s e. Resolution Amending the 1995 and 1996 General Fund Budgets to Carry Forward 1" an Appropriation of $40,000 for the Comprehensive Plan Update in the Community Development Department !� ,,v.� P M f. Resolution Amending the 1995 Earle Brown Farm Tax Increment District Fund a� Budget for Legal Fees i aA e ,U p �U g. Capital Outlay Resolutions 1. Resolution Authorizing the Purchase of One (1) Dump Box CITY COUNCIL AGENDA -2- February 12, 1996 S /f� 2. Resolution Accepting Quote and Authorizing the Purchase of One (1) /z Ton NV/ Pick -Up Truck ) ��, Resolution Approving Specifications and Authorizing Advertisement for Bids for the Purchase of One (1) Sidewalk Plow K M r Y_e a P h. Site Performance Guarantee Reduction: 1. Cracker Barrel - Old Country Store, Inc. 1501 James Circle North 2. Comfort Inn Hotel 1600 James Circle North Resolution Establishing Designation of Municipal State Aid Streets (Earle Brown a Drive from John Martin Drive to Summit Drive) Kft\ j. Licenses i 6. Open Forum 7. Public Hearing (Bzw) a. Public Hearing Regarding Environmental Assessment Prepared for Hennepin County Improvement Project No. 9322, Reconstruction of CR 152 (Brooklyn Boulevard), 65th Avenue to 71st Avenue • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. (No action required at this time.) (6' KM (0 `7 b. Public Hearing on a Proposal for the Issuance of Revenue Bonds to Finance a Multifamily Rental Housing Development (Presbyterian Homes Hous and Assisted Living, Inc. Project) Pursuant to Minnesota Law It" Ck�i 0 � }� 1. Resolution Providing for the Issuance and Sale of Elderly Housing 1Zev'e 4 0 Bonds, to Provide Funds for an Elderly Housing Project, on Behalf of the RU Presbyterian Homes Housing in d Assisted wing, Inc CYl K t ent132. Resolution Approving a Supplemental D velopment A e y�and Among the City of Brooklyn Center, the Housing and Redevelopment Authority in and (� �Q for the City of Brooklyn Center, the Economic Development Authority in and for the City of Brooklyn Center, and the Presbyterian Homes Housing and Assisted Living, Inc. (00) Kry-� CITY COUNCIL AGENDA -3- February 12, 1996 • Requested Council Action: -Open the public hearing. -Take public input. -Close the public hearing. -Adopt resolution. 8. Council Consideration Items a. Mayoral Appointment of Commissioners to Serve on Housing Commission and Human Rights and Resources Commission • Requested Council Action: -Mayor nominate two persons to serve on each commission. ` -Mgtion by Council to approve nominations. 9 b) KM , w f Y1 K b. Set Date for Joint Meeting with Housing Commission for February 20 at 7 p.m. • Requested Council Action: , (t �Yl PQAA-C! - Approve joint meeting date. c b4, . Set Date for Council Work Session for • Requested Council Action: Z r7 �j P r,., -Set date for work session. K, Pn n � � I ✓ d. Discussion Regarding Amending Street Lighting Policy • Requested Council: Provide direction ��` on whether Council wan proposals to end policy. � �- c�►.e�rt- Pe- tc.C.�J � ,caa. a�a e. Staff Report Regarding Proposed Signal System at 69th and Humboldf es�P North kc, k m • Requested Council Action: bu -None: information only at this point. f. Resolution D esignating Bob Cahlander Park KI�L kkpz •Requested Council Action: �.(�, (<,� K,l'n f -Adopt resolution. OdACL �,,Q(J �o g. Resolution Accepting gmeer s easibi Report and Calli3� fora ty p g Public Hearing, Improvement Project Nos. 1994 -03 and 04, 57th Avenue, Humboldt to Camden Avenues North Street and Storm Drainage Improvements and 1996 -06, 07, and 08, Logan, James, an Knox Avenues Street Utili and Storm Drainage Improvements - • Requested Council Action: -Adopt resolution. �� b 14 �Q�d� CITY COUNCIL AGENDA -4- February 12, 1996 h. Resolution Accepting Engineers Feasibility Report and Calling for a Public CW Hearing, and Authorizing Development of a Cooperative Agreement P P g t Re ardin g g Improvement Project No. 1996 -10, 53rd Avenue, Xerxes to Vincent, and Xerxes Avenue, 49th to 53rd • Requested Council Action: -Adopt resolution. I. Selection of BRW as the Planning Consultant for Comprehensive Plan Update • Requested Council Action: - Motion by Council to approve discussion with BRNY to develop contract for Council consideration. Resolution Calling for a Public Hearing on Proposed Use of 1996 Urban Hennepin County Community Development Block Grant Funds • Requested Council Action: -Adopt resolution. 9. Adjournment IN EDA AGENDA CITY OF BROOKLYN CENTER February 12, 1996 1. Call to Order � �5 rn m , � N ►�-, � k `��' � � 2. Roll Call 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes 4, k m - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. lb � 1. January 22, 1996 - Regular Session (� b. Resolution Designating an Additional Depository of EDA Funds {fit j -K c. Resolution Amending the 1995 EDA Budget for the Purchase of the Atkins Property � 4\ CITY COUNCIL AGENDA -5- February 12, 1996 i �lj d. Resolution n Authorizing Submittal of a Request for Proposal Under the 1996 Minnesota City Participation Program D14 4. Commission Consideration Items a. Resolution Approving a Supplemental Development Agreement by and Among the CAW City of Brooklyn Center, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, the Economic Development Authority in and for the City of Brooklyn Center, and the Presbyterian Homes Housing and Assisted Living, Inc. • Requested Commission Action: D4 , X -Adopt resolution. t � ,� K V b. Resolution Approving One (1) Brooklyn Center Economic Dev le op em nt Authority Deferred Loan (File No. H -136 [8062]) • Requested Commission Action: -Adopt resolution. / Resolution Approving One (1) Brooklyn Center Economic Development Authority Deferred Loan (File No. H -137 [8063]) • Requested Commission Action: �� µ '� p 0-t Ujk--- -Adopt resolution. 5. Adjournment HRA AGENDA CITY OF BROOKLYN CENTER FEBRUARY 12, 1996 7 p.m. 1. Call to Order 8 �0 ('l 2. Roll Call 'D m M) b t+) KM , 3. Approval of Agenda and Consent Agenda -The following items are considered to be routine by the Economic Development Authority and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. December 18, 1995 = Special Session CITY COUNCIL AGENDA -6- February 12, 1996 4. Commission Consideration Item a. Resolution Approving a Supplemental Development Agreement by and Among the City of Brooklyn Center, the Housing and Redevelopment Authority in and for the City of Brooklyn Center, the Economic Development Authority in and for the City of Brooklyn Center, and the Presbyterian Homes Housing and Assisted Living, Inc. • Requested Commission Action: -Adopt resolution. 5. Adjournment 1 � 1 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 JANUARY 20, 1996 CONFERENCE ROOM A CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special work session and was called to order by Mayor Myrna Kragness at 9 a.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present was City Manager Michael J. McCauley. GENERAL DISCUSSION A discussion ensued relative to naming parks, specifically the new park located off of 65th Avenue and Brooklyn Boulevard next to the MCTO Park and Ride. Council reviewed the current agenda format and minutes and discussed minor modifications. Council requested information regarding advisory commissions and committees be delivered in a more timely manner. Also, it was Council consensus that only the commission/committee agenda be sent out, except the Council liaison should receive the entire packet. Council discussed improving communication with Council using new technology. Regarding scheduling of work sessions, Council preferred they be scheduled on off - Monday evenings. Council requested to be notified of the names of commissioners who resign from advisory commissions. The City Manager briefly discussed Highway 00 and Hennepin Community Works. Y P tY Council discussed priorities and goals, and it was Council consensus that code enforcement is a top priority. Also, priorities are to plan for fire, police, and City building needs by summer; to reconfigure the budget process to provide an understandable format and useful information; and to analyze and plan for the Earle Brown Heritage Center. The City Manager briefly discussed the Livable Communities Act. 1/20/96 -1- The City Manager updated the Council on the Brookdale Towers special assessment appeal; the communications task force and Discover the Center; and the status of eminent domain action on Brookdale Motel. Mayor Kragness discussed the Northwest Hennepin Human Services Council Advisory Commission appointment with Council. ADJOURNMENT The meeting adjourned at 12:05 p.m. I City Clerk Mayor I 1/20/96 -2- 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 JANUARY 22, 1996 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Debra Hilstrom, and Kristen Mann. Also present were City Manager Michael McCauley, Director of Public Services Diane Spector, Finance Director Charlie Hansen, City Clerk Sharon Knutson, City Engineer Scott Brink, Assistant City Manager Nancy Gohman, City Attorney Charlie LeFevere, and Council Secretary Connie Beckman. OPENING CE EMONIES There were none. COUNCIL REPORT Mayor Kragness announced the joint meeting of the City Council and its advisory commissions to be held at Constitution Hall on February 7, 1996, at 6:30 p.m. PRESENTATION STATE REPRESENTATIVE PHIL CARR THERS State Representative Phil Carruthers appeared before the Council. He reported the Legislature's session began on Tuesday, January 16, 1996, and is projected to last approximately three months. Representative Carruthers briefly discussed the following: - Speed limit. - Proposed toll roads (Highway 610). - Brookdale Pond. - Humboldt Avenue, Brooklyn Center, and Minneapolis Parkway - Highway funding, a potential increase in the highway gas tax which may help pay for improvements /upgrades. - Relocation of the airport, Representative Caruthers is opposed to relocation of the airport as it would tend to move future business development south. - Building of a new stadium for the Minnesota Twins at approximately $200 million. - Property tax system restructuring. 01/22/96 -I- Mayor Kragness stated Highway 100 needs attention as the highway's north end's needs have not been addressed adequately. Representative Carruthers responded he has been working on obtaining funds through the Right of Way Loan Fund (revolving fund) whose purpose is to improve roads. Councilmember Mann asked Representative Carruthers about the issue of purging criminal records. Representative Carruthers stated he proposed that potential victims and authorities be notified about those criminals who are attempting to have their record(s) purged. Representative Carruthers expressed appreciation for the opportunity to share information and address questions of Council EMPLOYEE SERVICE RECOGNITION_ The City Manager discussed the annual recognition given to those employees who have served the City for twenty, twenty -five, thirty, and forty years of full -time employment. Mayor Kragness presented awards to three of the employees being recognized as follows: Scott W. Kline, Police Chief (30 years of service); David Grass, Police Sergeant (20 years of service); Ronald Pearson, Public Safety Dispatcher (25 years of service). Other employees recognized for years of service include: Robert Cahlander, Supervisor of Streets and Parks (40 years of service); Larry Hansen, Streets Maintenance (25 years of service); Brad Hoffman, Community Development Director (20 years of service); Lloyd Knutson, Street Maintenance (20 years of service); John Harlow, Street Maintenance - Sign Shop (20 years of service); Gerald E. Olson, Liquor Stores Manager (20 years of service); Cathy Hennessy, Police Sergeant (20 years of service). APPROVAL OF AGENDA AND CONSENT AGENDA The City Manager informed Council there may be a potential problem with the purchase of two trucks noted on the Consent Agenda due to color of vehicles. The City Manager requested the Council approve this item and in the event the vehicles could not be purchased according to specifications, the City Manager would update the Council. Mayor Kragness noted State Senator Don Kramer had requested to speak at Open Forum and recommended the next agenda item be Open Forum. A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the January 22, 1996, agenda and consent agenda with the change in order of business passed unanimously. APPROVAL OF MINUTES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve minutes of the December 11,1995- Executive Session; December 18, 1995- Special Session; January 8, 1996 - Regular Session as printed passed unanimously. RESOLUTION NO 96-,4 Member Kathleen Carmody introduced the following resolution and moved its adoption: ON 01/22/96 -2- RESOLUTION ACKNOWLEDGING AND CONGRATULATING GARY CARLSON AS THE WINNER OF THE CITY OF BROOKLYN CENTER 1995 PHOTO CONTEST The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-15 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 1, IMPROVEMENT PROJECT NOS. 1995- 07,08, AND 09, CONTRACT 1995 -13, WOODBINE AREA STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96 -16 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1996 -11, REFORESTATION OF 1994 AND 1995 STREET IMPROVEMENT PROJECT AREAS, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-17 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONE (1) RESCUE FIRE TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION NO. 96-18 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF SIX (6) PUBLIC WORKS VEHICLES AND ONE (1) AIR COMPRESSOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. 01/22/96 -3- RE - RESOLUTION N . 96 9 S O �, Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF FORTY (40) FIRE HELMETS & SHIELDS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. LICENSES A motion by Councilmember Carmody and seconded by Councilmember Mann to approve the following list of licenses passed unanimously: MECHANICAL SYSTEMS Harris Contracting Company 2300 Territorial Road Minnegasco 800 LaSalle Avenue RENTAL DWELLINGS Renewal: C.J. Schaber 5956 Beard Avenue North David Zemke 6813 Noble Avenue North Reuben and Diane Ristrom 6821 Noble Avenue North Robert Berglund 6835 Noble v g Avenue North Lee Marwede 4700 -02 68th Avenue North TOBACCO RELATED PRODUCTS Stummy's Cigar 6066 Shingle Creek Parkway TAXICAB United Cab Company Taxicab #28u OPEN FORUM State Senator Don Kramer presented the following information: - Ponding bill. - Crime Intervention bill. The purpose of this bill is to assist youngsters ages 8 -13 years, by sponsoring intervention programs based on an individual community's needs. - Earle Brown Center, loss of approximately $3,000 as a result of the cancellation of Indigenous Games, and is attempting to retrieve lost funds. Councilmember Mann expressed appreciation to Senator Kramer and encouraged that funding be sought to help pay for mandates the City cannot afford to pay. 01/22/96 -4- COUNCIL CONSIDERATION ITEM RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOUSIN FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AND ELDERLY HOUSING DEVELOPM NT (PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING INC. PROJECTS PURSUANT TO MINNESOTA LAW AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (This location is Earle Brown Commons, 6100 Summit Drive North) Councilmember Mann stated that it was very important for the Title 2 property classification not be put on the property at hand in order for recovery of some funding the TIF district previously lost. The City Manager assured Councilmember Mann it was the City's intention of following through with such a non - classification. RESOLUTION NO. 96 -20 Member Debra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS T FINANCE INANCE AN ELDERLY HOUSING DEVELOPMENT (PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. PROJECT) PURSUANT TO MINNESOTA LAW, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. MAYORAL APPOINTMENT FOR REPRESENTATIVE TO SERVE ON NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION Mayor Kragness indicated there were three applicants for the Commission who were well qualified. She recommended nomination of Marcia Mehlhaff, to the Northwest Council Advisory. A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to appoint Marcia Mehlhaff to serve on the Northwest Hennepin Human Services Council Advisory Commission passed unanimously. RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1996 Councilmember Hilstrom recalled Council's previous desire to look into the Stabilization Program to determine whether it was in the best interest to either raise the assessment or lower the amount that qualifies for the Stabilization Program. She stated simply raising the amount to be assessed without taking a look at the program and distributing additional monies through the grant may not necessarily be correcting the problem of reduced funds available to pay for the streets. 01/22/96 -5- Councilmember Carmody asked about the amount of money spent on the Stabilization Program each year; what would happen if the assessment rates were raised? The Director of Public Services stated approximately $50,000 increasing the assessment rates might slightly increase the cost; the storm drainage assessment for the Orchard Lane East area is not as much as for the Woodbine area, so the overall assessment increase should be minimal. Information regarding two other areas has not yet been finalized. The Director of Public Services stated that the demographics of each neighborhood are different; therefore, the amount used in the stabilization program varies. The program has only been in place for two years, and the rules were different each time, so it is difficult to predict what might happen in 1996. Councilmember Mann stated the stabilization program is important for the community, but also expressed concern regarding the probability of monies being available for the length of the 20 year program. Given that uncertainty, she requested Council review the Program mid -year and plan for 1997. RESOLUTION NO 96 -21 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING ASSESSMENT RATES FOR STREET IMPROVEMENT PROJECTS IN RESIDENTIAL AREAS IN 1996 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and passed unanimously. ADDITIONAL MOTION RELATING TO RESOLUTION NO 96 -21 A motion by Councilmember Mann and seconded by Councilmember Hilstrom to review the Stabilization Assessment Program in 1996 for possible changes in 1997 -- including funding source options - -passed unanimously. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING IMPROVEMENT PROJECT NOS 1996-01, 02 03 ORCHARD LANE EAST STREET STORM DRAINAGE. AND UTILITY IMPROVEMENTS The City Engineer presented the feasibility report for project No. 1996 -01, 02, 03 which included information on the following: streets; storm drainage; sanitary sewers; water mains; and estimated costs and funding considerations for the project. Councilmember Mann questioned prior Council approval of 1995 projects including ornamental lighting. The City Engineer responded that existing lights would be replaced to improve aesthetics and higher level of service. Councilmember Carmody indicated a desire to delay approval of the item based on a recent Council work session and discussions on lighting. The City Manager indicated a policy outlining funding for additional ornamental lighting for such projects is in process. The City Manager also indicated Council could approve the feasibility report as presented, and will 01/22/96 -6- have future opportunities to discuss lighting concerns. Councilmember Carmody inquired about the storm drainage system on the project. The City Engineer indicated there is already a drainage system in place at 65th Avenue, but installation of an additional main would be necessary based on identified needs. Mayor Kragness asked about potential unforeseen repairs to existing systems which might need to be made. The City Engineer indicated repairs would be done to existing systems at the same time other improvements are being done. RESOLUTION NO. 96 -22 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1996 -01, 02, 03, ORCHARD LANE EAST, STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. RESOLUTION ACCEPTING ENGINE R'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING. IMPROVEMENT PROJECT NO 1995 -05 69TH AVENUE NORTH SHINGLE CREEK PARKWAY TO DUPONT AVENUE BRIDGE REPLACEMENT ROADWAY. AND WATERMAIN IMPROVEMENTS The City Engineer presented the feasibility report on project No. 1995 -05 which included information on the following: roadway; bridge replacement; trunk water main installation; storm sewer; pathway, landscaping, and lighting; and funding of the project as well as a recommended project schedule. Mayor Kragness questioned the availability of State funds for replacement of the bridge over Shingle Creek. The City Engineer indicated the City has applied for funds from the Minnesota Department of Transportation, but won't find out results of this until later this summer. The City Manager indicated the City Engineer was seeking Council direction regarding stoplight placement at Humboldt and 69th Avenue. Councilmember Carmody referred to the apartments located south of 69th Avenue and expressed concern of stoplight placement versus the current stop sign. She was concerned about safety of the high number of children who have been observed crossing the street. Councilmember Carmody expressed concern about large amounts of standing water along the north side of 69th Avenue after heavy rains and/or snow fall. The City Engineer responded the road would have curb and gutter with a driveway apron installed and respective grading done. He added there are some property /yard scenarios where standing water may continue to be an issue, but overall this should be reduced. 01/22/96 -7- It was Council consensus that residents from the project area as well as those who live along 65th Avenue and Humboldt be notified of the public hearing to solicit appropriate resident input regarding the project. RESOLUTION NO 96 -23 Member Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NO. 1995 -05, 69TH AVENUE NORTH, SHINGLE CREEK PARKWAY TO DUPONT AVENUE, BRIDGE REPLACEMENT, ROADWAY, AND WATERMAIN IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann and passed unanimously. RESOLUTION AMENDING THE 1995 AND 1996 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMOUNT OF $69,750 FOR THE POLICE MOBILE COMPUTING DEVICE (MCD) PROJECT The City Manager acknowledged that this MCD project has been going on for quite a long time. The City Manager also stated that we should see results by mid - summer. Councilmember Hilstrom stated she would like this issue resolved by mid - summer. Councilmember Carmody questioned where the funds were spent in the original 1994 budgeted amount. The City Manager indicated he would research her question accordingly and get back to the Council RESOLUTION NO 96 -24 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 AND 1996 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMOUNT OF $69,750 FOR THE POLICE MOBILE COMPUTING DEVICE (MCD) PROJECT The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom and passed unanimously. ADDITIONAL MOTION RELATING TO RESOLUTION NO 96-24 A motion by Councilmember Mann and seconded by Councilmember Hilstrom to have the fore item at hand presented to Council by May 1, 1996, for an update passed unanimously. ADJOURNMENT A motion by Councilmember Carmody and seconded by Councilmember Hilstrom to adjourn the meeting at 8:12 p.m. passed unanimously. 01/22/96 -8- City Clerk Mayor Recorded and transcribed by: Connie Beckman TimeSaver Off Site Secretarial 01/22/96 -9- MEMORANDUM r TO: Mayor Myrna Kra Y Yrn 8n ess Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann FROM: Michael J. McCauley, City Manager � DATE: February 8, 1996 SUBJECT: Appointing Alternate to the Board of Directors of the Northwest Hennepin Human Services Council Attached is a resolution appointing an alternate to the Board of Directors of the Northwest Hennepin Human Services Council. As the resolution states, the Joint and Cooperative Agreement requires members of the Board of Directors and alternates be appointed by the governing body of the City. Attachment • F • Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION APPOINTING MICHAEL J. McCAULEY AS ALTERNATE TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVTC'FS COUNC'IT. WHEREAS, the City of Brooklyn Center entered into a Joint and Cooperative Agreement with 13 other communities to form the Northwest Hennepin Human Services Council on December 8, 1975; and WHEREAS, as stated in Article IV, Section 3, of the Joint and Cooperative Agreement of the Northwest Hennepin Human Services Council, Inc., members of the board of directors and alternates shall be appointed by the governing body of each party; and WHEREAS, an alternate director for the City of Brooklyn Center is needed to represent the City's director, Assistant City Manager /Personnel Coordinator Nancy Gohman, in her absence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Brooklyn Center that City Manager Michael J. McCauley be appointed to represent the City of Brooklyn Center as alternate on the board of directors of the Northwest Hennepin Human Services Council. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: • whereupon said resolution was declared duly passed and adopted. MEMORANDUM • TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann FROM. Michael J. McCauley Manager Y� City 8 DATE: February 7, 1996 SUBJECT: Application from Orchard Lane PTA for Authorization to Conduct Excluded Bingo Attached is a memorandum from Police Chief Scott Kline regarding an Application for Authorization to Conduct Excluded Bingo from Orchard Lane PTA. This application is for two events to be held February 17 and March 25, 1996. If any Councilmember objects to issuing this license or has further questions, please remove this item from the February 12, 1996, Consent Agenda and request that it be placed with Consideration Items. If the item is not removed from the Consent Agenda, the license will be • approved and issued to Orchard Lane PTA. Attachment • �� CEN BROOKL YN CENTER POLICE DEPARTMENT POLICE MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: February 1, 1996 SUBJECT: Application (Excluded Bingo) - Orchard Lane Elementary School On February 1, 1996, the Brooklyn Center Police Department received an Application for Authorization to Conduct Excluded Bingo from the Orchard Lane PTA. This application is for an event to be held at the Orchard Lane Elementary School on February 17, 1996 and on March 25, 1996. This application has been approved and returned to the Orchard Lane PTA who will forward it to the State Gambling Control Board. • If ou or an memb y y r of the City Council objects to issuing this license, you must notify me within 30 days according to Minnesota State Statute. Scott Kline Chief of Police SK:kh • 5d MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann FROM: Michael J. McCauley, City Manager DATE: February 7, 1996 SUBJECT: Application from the National Kidney Foundation of the Upper Midwest for Authorization for an Exemption from Lawful Gambling Attached is a memorandum from Police Chief Scott Kline regarding an Application for Authorization for an Exemption from Lawful Gambling License from the National Kidney Foundation of the Upper Midwest. This application is for an event to be held at Earle Brown Heritage Center on March 29, 1996. If any Councilmember objects to issuing this license or has further questions, please remove this item from the February 12, 1996, Consent Agenda and request that it be placed with • Consideration Items. If the item is not removed from the Consent Agenda, the license will be approved and issued to the National Kidney Foundation. Attachment • pYWN CE�y BROOKLYN CENTER POLICE DEPARTMENT P MEMORANDUM TO: Michael McCauley, City Manager FROM: Scott Kline, Chief of Police DATE: February 6, 1996 SUBJECT: Application (Exemption From Lawful Gambling License)) - National Kidney Foundation Of The Upper Midwest On February 5, 1996, the Brooklyn Center Police Department received an Application for Authorization for an Exemption from Lawful Gambling License from the National Kidney Foundation Of The Upper Midwest. This application is for an event to be held at the Earle Brown Heritage Center on March 29, 1996. This application has been approved and returned to • the National Kidney Foundation representative, who will forward it to the State Gambling Control Board. If you or any member of the City Council objects to issuing this Iicense, you must notify me within 30 days according to Minnesota State Statute. Scott Kline Chief of Police SK:kh • C MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director C H DATE: February 8, 1996 SUBJECT: Resolution Amending the 1995 and 1996 General Fund Budgets to Carry Forward an Appropriation of $40,000 for the Comprehensive Plan Update in the Community Development Department An appropriation of $40,000 was provided in the 1995 budget to begin a project to update the City's comprehensive plan. It was expected that this u P P p s wo ld begin in mid year and be completed in 1996. An appropriation of $10,000 is included in the 1996 budget to complete the project. Due to other projects and priorities in 1995, the comprehensive plan update is only now being started. Another item on this agenda directs staff to negotiate with one or more candidate firms for an �. agreement to do the plan update. Completing the comprehensive plan will cost more than the $10,000 in the 1996 budget. It is necessary to carry forward the $40,000 which was appropriated, but not used, in the 1995 budget. This will make a total of $50,000 available for the project. Unless the negotiations with the candidate firms produce some surprise, we anticipate will be a sufficient budget to complete the project. • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION AMENDING THE 1995 AND 1996 GENERAL FUND BUDGETS TO CARRY FORWARD AN APPROPRIATION OF $40,000 FOR THE COMPREHENSIVE PLAN UPDATE IN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to appropriate funds from accumulated surplus in an amount equal to a previous appropriation in the General Fund Budget, if not in fact expended or encumbered for that purpose in the previous fiscal year; and WHEREAS, The 1995 General Fund Budget contained an appropriation of $40,000 for the updating of the City's Comprehensive Plan; and WHEREAS, Due to other ro'ects and priorities undertaken during 1995 it wasn't P J P g possible to begin this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that; i y at, 1. The 1995 General Fund Budget is amended as follows: Decrease in Community Development Contractual Services by: $40,000 Decrease in Transfers from Fund Balancer $40,000 2. The 1996 General Fund Budget is amended as follows: Increase in Community Development Contractual Services by: $40,000 Increase in Transfers from Fund Balance: $40,000 Date Mayor ATTEST: • Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • 5F MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Charlie Hansen, Finance Director CH DATE: February 8, 1996 SUBJECT: Resolution Amending the 1995 Earle Brown Farm Tax Increment District Fund Budget for Legal Fees The attached resolution adjusts the 1995 Earle Brown Farm Tax Increment District Fund Budget so that it doesn't exceeds its appropriation. This adjustment is necessary because at the time the budget was originally prepared, we didn't know that the Earle Brown Commons Apartments were going to appeal their taxes. This property has been in bankruptcy and was seeking to reduce its tax liability. They challenged minimum assessment agreement and it was necessary to present a legal defense in the bankruptcy court. The City Council approved retaining the firm Dorsey & Whitney to represent the City. • The City Charter allows the City Council to increase the budget, but only if there are actual revenue increases to offset the increased appropriations. In the case of the Brown Farm Tax Increment District Fund, tax increment revenue has been higher than what was budgeted, and can offset this increased appropriation. • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION AMENDING THE 1995 EARLE BROWN FARM TAX INCREMENT DISTRICT FUND BUDGET FOR LEGAL FEE WHEREAS, Section 7.08 of the City Charter provides the City Council with the authority to increase a budget appropriation if the actual receipts exceed the estimates, but not to exceed the actual receipts; and WHEREAS, the owners of Earle Brown Commons apartment building filed for bankruptcy and sought to revoke their minimum assessment agreement with the City; and WHEREAS, the City retained the firm of Dorsey & Whitney to represent the City in this case; and WHEREAS, Dorsey & Whitney's legal fees for the case in 1995 have amounted to $41,724.00; and WHEREAS, Tax increment revenue for the district in 1995 has exceeded the • budget estimates by more than $41,724.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1995 Earle Brown Farm Tax Increment District Fund Budget be amended as follows: 1. Increase Estimated Revenues for Tax Increments by $41,724.00 2. Increase Appropriations for legal services by $41 ,724.00 Date Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: • and the following voted against the same: whereupon said resolution was declared duly passed and adopted. MEMORANDUM Date: February 6, 1996 To: Michael McCauley, City Manager From: David Peterson, Public Works Superintendent Subject: Capital Outlay Resolutions 1) At the January 22, 1996 Council meeting, the Council authorized the purchase of several pieces of equipment budgeted in the Central Garage Fund. At that time it was noted that one vendor with the low bid on the Hennepin County Cooperative Purchasing program might not be able to provide some of the equipment in the City's standard colors. Since that time, we have confirmed that McKay Dodge cannot provide 1 /2 ton pickups in our colors. We have obtained a second quote, from Superior Ford, which totally meets our specifications. While the second quote from Superior Ford is $425 more that the price offered by McKay, if the low quote was accepted, the City would have to incur an additional cost to have the truck repainted, making the total cost more than that quoted by Superior Ford. If McKay offered any shade of yellow paint standard we might consider living with that, but yellow is only offered by special order, and then only if a certain number of vehicles request it. Because we believe it is valuable for the City's fleet to be easily identifiable and remain standardized to a single color scheme, we believe it is worth the additional $425 to go with Superior Ford, which can provide the vehicle in our colors. Therefore, we recommend rejecting the low quote on the basis that it cannot completely meet specifications, and accepting the quote of Superior Ford. 1 - 1 /2 Ton Pick -up Truck McKay Dodge $13,987.86 1 - 1 /2 Ton Pick -up Truck Superior Ford $14,412.64 2) The following authorized equipment in the 1996 Central Garage budget will be purchased through the Minnesota State Cooperative Program. 1 - Dump Box J -Craft, Inc. $13,218.90 3) We request approval of specifications and authorization to advertise for bids on 1 (one) sidewalk plow replacement (specifications are attached) of City vehicle #72. f: \garage \joanne\memofeb6 • Member introduced the followin g resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF ONE (1) DUMP BOX WHEREAS, an appropriation of $82,640 was included in the 1996 Central Garage budget for the purchase of one dump truck with accessories; and WHEREAS, it is possible for the City of Brooklyn Center to participate in a Minnesota State Cooperative Program contract to purchase the dump box; and WHEREAS, the Minnesota State Cooperative contract was awarded to J -Craft, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) dump box from J- Craft, Inc., under the Minnesota State Cooperative Program in the amount of $13,218.90 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) 1 /z TON PICK -UP TRUCK WHEREAS, an appropriation of $15,000 was included in the Central Garage budget for the purchase of one 1 /2 ton pick -up truck; and WHEREAS, it is possible for the City of Brooklyn Center to participate in a Hennepin County Cooperative Purchasing Program contract to purchase the one -half ton pick -up truck; and WHEREAS, the Hennepin County contract was awarded to McKay Dodge, Inc., who is not able to fulfill specifications; and WHEREAS, a second quote was obtained for the purchase of said pickup truck from a vendor who can completely fulfill specifications, these quotes being: McKay Dodge $13,987.86 Superior Ford $14,412.64 • NOW, THEREFORE, BE IT RESOLVED b the City Council of the City of Brooklyn Y tY tY n Y Center that the quote of McKay Dodge is hereby rejected and the purchase of one (1) 1 /z ton pick -up truck from Superior Ford, Inc. in the amount of $14,412.64 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. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) SIDEWALK PLOW WHEREAS, an appropriation of $46,847 was included in the 1996 Central Garage budget for the purchase of a sidewalk snowplow; and WHEREAS, the Superintendent of Public Works has prepared specifications for the purchase of said plow. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The specifications are hereby approved. 2. The City Clerk is hereby authorized and directed to advertise for and receive i bids for the purchase of one sidewalk plow in accordance with said specifications. ations. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded P g g y d b Y member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • o � rml CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MN 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) SIDEWALK SNOWPLOW WITH SNOW BLOWER AND V PLOW BID OPENING: January 30, 1996 CALL FOR BIDS FOR ONE (1) SIDEWALK SNOWPLOW WITH SNOW BLOWER AND V -PLOW Sealed proposals endorsed with the title of the equipment and the bidder's name will be received at the office of the City Clerk of the City of Brooklyn Center, Hennepin County, Minnesota, up to 1996, at which time bids will be opened and read. The. equipment to be furnished consists of the following as called for in the specifications: One (1) Sidewalk Snowplow with Snow Blower and V Plow Proposed forms of contract documents, including the forms and specifications therefore, are on file in the office of the City Clerk of the City of Brooklyn Center, Minnesota, where they may be examined. Specifications and proposal blanks may be had for the contractors's individual use by applying to the City Clerk. No bidder may withdraw his bid within thirty (30) days after scheduled time of opening bids without the consent of the City. Bids must be made on the basis of cash payment for the equipment. No bids will be considered unless sealed and filed with the City Clerk prior to the closing time for receiving bids. The City Council reserves the right to waive any informalities in any bids received and reject without explanation any or all bids received. Mailed bids should be addressed to: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 By order of the City Council CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 PROVISIONS AND SPECIFICATIONS FOR ONE (1) SIDEWALK SNOWPLOW WITH ANGLE PLOW AND TWO -STAGE BLOWER 1. GENERAL All bids must be received at the office of the Deputy City Clerk on or before 9:00 a.m., 1996, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for Sidewalk Plow". It is understood that the City Council reserves the right to reject any or all bids, to waive informalities and to award the contract in the best interest of the City. The sidewalk plow proposed and delivered to the City of Brooklyn Center shall be complete in every respect and ready for operation in accordance with these specifications, with certificates of service and inspection submitted at the time of delivery. Manufacturer's reference, trade name, brand, or description mentioned in this proposal are descriptive but not restrictive and used only to indicate type and standard of material or equipment desired. Catalog information showing make, model, and complete specifications of sidewalk plow the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. 2. BID SECURITY The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to free of defects in design, materials and workmanship. All defective parts and material shall be replaced free of cost to the City of Brooklyn Center, including labor. for a period of one (1) year from date of delivery. - 3. GUARANTY The bidder shall guarantee this equipment as to the specified capacity and satisfactory performance and to be free of defects in design, materials and workmanship. All defective Va is and material shall be replaced free of cost to the City of Brooklyn Center, including labor for a period of one (1) year from date of delivery. 4. CONSIDERATION OF BIDS The availability f adequacy of arts and service and the costs of operation and Y q Y P � P maintenance of this equipment are all important factors which the City of Brooklyn Center will consider in making the award of contract. No prequalification requirements are specified herein. However, each bidder shall submit written statements with his bid which provide the following information 1. Length of time this manufacturer has been manufacturing Sidewalk Plows. 2. Length of time the dealer has been handling this product line. 3. Number, location and ownership of all comparable units in service in Minnesota, or in dealer's service area; (for usage by the City in checking references). 4. Description of parts and service availability for this machine from the dealer and from the manufacturer. 5. DELIVERY DA The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest date possible. 6. AWARD Award of contract by the City of Brooklyn Center will be based on, but not necessarily limited to the factors of price, delivery date, parts and services; as well as analysis and comparison of specifications and performance. Because the maintenance of this equipment in good operating condition without down time for repairs is very important, it is essential that repair parts and service be adequate and readily available. The bidder shall state clearly in his proposal the location in the Metro area where parts and service facilities are available. Included in the final bid award determination will be a performance evaluation based on City experience and experience of others with similar equipment as to the past performance of the bidders to determine the best parts and service facilities available. 7. EXCEPTIONS Exceptions to any item or part of these specifications shall be submitted in writing one week prior to bid opening. None will be accepted after this date. It shall be the responsibility of the bidder to furnish proof that the exceptions or substitutions are equal or superior to the specifications. This may require demonstration, travel to existing machines and locations for demonstration and viewing of such substitute proposal items. This is to be accomplished at no expense to the City of Brooklyn Center. SPECIFICATIONS is One (1) Sidewalk Plow and Snowblower ENGINE The engine shall have Cummins., #105 HP Turbo charged diesel or equal, displacement to 39.3 cubic inches horsepower at 2500 rpms. Torque 184 lbs. Ft /1200.Spin on fuel filter, spin -on flow oil filters, air cleaner -dry type, dual element, Turbo II" precleaned, magnetic drain plugs. Low oil shutdown, or high temperature. IANSMISSION Hydrostatic type with foot controlled for variable speeds in forward and reverse; has two working range and a neutral. Provide maximum cooling system for transmission. DRIVE SYSTEM The hydrostatic transmission is to drive at engine sped. The matching hydrostatic motor shall be attached to the mechanical transmission. Drive shafts shall connect to the front and rear differentials giving constant four -wheel drive. P.T.O. CLUTCH Twin disc center type for driving attachments requiring direct engine drive. Clutch shall have an electric activator to engage and disengage, with indicator light. AXLES AND BRAKES Front - Dana model 60 or approved equal, with limited slip differential and 11" x 2" hydraulic brakes, size on brakes or equal, with parking brake. Rear - Dana model 44 or approved equal, with limited slip differential and hydraulic brakes. ABEELLS AND IMS Furnish four 15 in. Diameter x 10 wide rims with headlock. Tires to be 10.00 x 15 truck -type mud and snow radials. Furnish one spare wheel and tire, same size. HYDRAULICS Engine mounted 15 G.P.M. gear pump must be mechanically driven. Priority flow divider directs oil to hydrostatic steering control. Second flow divider directs oil to 3 -spool valve which has one spool with float position. All oil returns through oil cooler filter to tank. Reservoir has two internal screens with safety valve to feed transmission and auxiliary hydraulic system. Four low volume, 2 high volume couplers capable of maximum 12 g.p.m.. No metric. STEER_11V t Articulated steering. Permits 40d turns either way. FRAME i Must have articulation and oscillation CAB ROPS certified one - person with 3 speed heater- defroster, two speed pantograph wiper, foot control for hydrostatic transmission, sound deadening material. Sliding side and rear window, tinted safety glass, 2 outside rear view mirrors, one inside rearview mirror and dome light. Removable door and removable panels. Hinged instrument panel. Convenient controls, deluxe cloth covered seat, torsion type FULLY ADJUSTABLE, tilt steering, am/fm radio. LIB Two headlights #360 strobe light, yellow lens, turn signals, with four -way flashers and backup light. ELECTRICAL Shall have valet DC, neg ground with Group 31 battery. It shall have an alternator with minimum capacity of 60 amp. Switches for headlights, header, wiper, horn, all gauges will be illuminated. INSTRUMENT Tachometer, hour meter, voltmeter, water temperature, hydraulic oil temperature, and oil pressure. All gauges shall be illumined, automatic engine shut down, low oil pressure and water temperature. PEED Low range 0 -10 mph High range 0 -20 mph Fuel Tank Not less than 19 gallon capacity. Paint Highway yellow is mandatory. Attachment Mounting Unit shall be so constructed to quickly hook up to the tractor all the attachments called for. The mountings or hitch shall be heavy duty type. Must be ready for hookup with hoses and quick couplers of adequate size. Attachment One (1) V -Plow 49 11 maximum width at bottom. One (1) Snow Blower Sl " maximum width, at bottom, chute shall be maximum height of 93 chute rotators with hydraulic motor and chain. OPTIONAL EQUIPMENT One (1) Angle Plow, maximum width of 62" wide, manual adjustment - "left to right" with hydraulic lift, up -down. r Trade -In One (1) 1983 MT Trackless, Serial #MT3266, City #72 One (1) V -plow One (1) Snow Blower This machine can be seen by appoitment only at 6844 Shingle Creek Parkway, Brooklyn Center, MN - Call Dave Peterson at 569 -3419. ONE (1) SIDEWALK PLOW PURCHASE PRICE WITH SNOWBLOWER AND V -PLOW AMOUNT TRADE -IN NET BID OPTIONAL EQjW_WNT HYD ANGLE PLOW DELIVERY DATE THE FOLLOWING MANUALS ARE REQUIRED: one(1) Operators Manual one (1) Parts Manual one (1) Repair Manual 5h MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren Planning � g and Zoning Spec�a DATE: February 8 1996 SUBJECT: Site Performance Guarantee Reductions The following site performance guarantees being held by the City for the completion of various site improvements, should be recommended to the City Council for reductions in the amounts specified: 1. Cracker Barrel Old Country Store, Inc. 1501 James Circle North Planning Commission Application No. 93005 Amount of Guarantee $200,000 (Performance Bond) Obligor - Cracker Barrel Old Country Store, Inc. • All site improvements related to this 1993 building project have been installed including landscaping. The Engineering Department reports that the required as- built survey has been submitted. They also report that various catch basin inlets need to be cleaned; that no clean out or access point to the drains by the trash enclosure have been provided; and that the stop sign needs to be straightened. It should also be noted that the trash enclosure gates are chain link with slats for screening rather than a wood opaque screen gate required under condition # 11 b of the City Council's approval for this project. It is recommended that the City Council authorize the reduction of the amount of the financial guarantee to $25,000 to assure the completion of the above mentioned items and to also insure the viability of the installed landscaping improvements through the winter. 2. Comfort Inn Hotel 1600 James Circle North Planning Commission Application No. 95001 Amount of Guarantee - $110,000 (Letter of Credit) Obligor - Tharaldson Development Company of Fargo, North Dakota All site improvements for this 1995 building project have, to our knowledge, • been installed in accordance with the approved site plan including landscaping. However, the site review was not completed until after there was snow and ice Site Performance Guarantee Reductions Page 2 February 8, 1996 on the ground. The Engineering Department reports that no as -built survey has been submitted for this site as required by condition #9 of the City Council's approval. It is recommended that the City Council authorize reduction of the financial guarantee to $25,000 to assure the completion of all site improvements, the viability of the installed landscape improvements through the winter and the submission of the required as -built survey for this property. • • MEMORANDUM DATE: February 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 0 SUBJECT: Resolution Establishing Designation of Municipal State Aid Street (Earle Brown Drive from John Martin Drive to Summit Drive) In August of 1995, the City Council established several street improvement projects. Among the projects established were mill and overlay projects for John Martin Drive and Earle Brown Drive. The Council directed staff to revise the City's State Aid Street System designations by adding and deleting certain street segments. As a result, a request for consideration of revisions was sent to Mn/DOT State Aid on August 21, 1996. This request included the addition to the system of John Martin Drive and Summit Drive between Shingle Creek Parkway and T.H. 100. At that time, staff also investigated including Earle Brown Drive (John Martin Drive to Summit Drive) with the other additions. However, figures available at that time indicated that the City did not have enough total available mileage to include that segment in the request (each city is allocated a certain amount of mileage that can receive State Aid designation). Therefore, Earle Brown Drive was not requested to be added to the system, and ® Council resolutions authorizing the appropriate revisions were forwarded to Mn/DOT State Aid on November 28, 1995. However, upon revising the mileage certification report (required annually by Mn/DOT) as of January 1, 1996, it was determined that the City does in fact have enough available mileage to add Earle Brown Drive to the system. Earle Brown Drive between John Martin Drive and Summit Drive (a distance of 0.17 miles) was therefore requested for addition to the system in a letter to Mn/DOT on January 24, 1996. Mn/DOT has subsequently approved this request, pending the submittal of a Council resolution designating this street as a Municipal State Aid Street. Attached is a map showing the specific location of this street. It is therefore recommended that the City Council ncil a rove the attached resolution designating tY PP g g Earle Brown Drive from John Martin Drive to Summit Drive as a Municipal State Aid Street. In addition to contributing to the overall cost effective maintenance of the City's collector street system, this action will also allow Improvement Project No. 1996 -05 to be eligible for State Aid funding. • adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION ESTABLISHING DESIGNATION OF MUNICIPAL STATE AID STREET (EARLE BROWN DRIVE FROM JOHN MARTIN DRIVE TO SUMMIT AVENUE) WHEREAS, it appears to the City Council of the City of Brooklyn Center that the street hereinafter described should be designated as a Municipal State Aid Streets under the provisions of Minnesota Laws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the road described as follows, to wit: 1. Earle Brown Drive from John Martin Drive to Summit Drive be, and hereby is established, located and designated as a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said roadway or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Brooklyn Center. 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P �� --JJ - -5J City of Bokoklyn Center The following companies/individuals anies /individuals have applied for City licenses as noted. Each company/individual has g P PP i fulfilled the requirements of the City Ordinance governing respective licenses and submitted appropriate applications and paid proper fees. Licenses to be approved by the City Council on February 12, 1996: BOWLING ALLEY Lynbrook Bowl 6357 N. Lilac Drive MECHANICAL SYSTEMS Energy Solution International, Inc. 1385 Mendota Heights Road RENTAL DWELLINGS Initial• James Soderberg Melrose Gates Wendy LaRock 6657 Xerxes Place N. Renewal: Howard & Harriet Oien 5801 Brooklyn Blvd. Gary Schultz 4220 Lakeside Ave. N. Dakota's Children, Inc. 5449 Lyndale Ave. N. Curtis Erickson 4809 Twin Lake Ave. N., Lake Shore Apts. & Danae Morrison 5104 Gary E. Twin L ake Blvd Kim McDonough 4703 68th Ave. N. • TAXICAB United Cab Services No. 3, 5, 11, 12, 15, 20, 24, 35, 62, and 77 P. O. Box 6643, Mpls. TOBACCO RELATED PRODUCTS Drug Emporium 5900 Shingle Creek Pkwy. General Approval: Sharon Knutson, City Clerk MEMORANDUM • TO: Michael McCauley, Manager Y� Y g FROM: Diane Spector, Director of Public Services SUBJ: Public Hearing Regarding Environmental Assessment Prepared for Hennepin County Improvement Project No. 9322, Reconstruction of CR 152 (Brooklyn Boulevard), 65th Avenue to 71 st Avenue DATE: February 6, 1996 At the regular Council meeting on February 12, 1996, the City will host a public hearing regarding the Environmental Assessment prepared for Hennepin County's Brooklyn Boulevard project. The Council is not expected to answer any questions or make any decisions at this hearing. Technically, it is a Hennepin County hearing which is taking place in a forum which is more convenient to our residents and property owners who may be impacted by the proposed improvement project. The Environmental Assessment (EA) is a study which is required to be prepared for projects • such as these. The document reviews the need for the project and the preliminary design, and details the expected environmental, social, and other impacts. Where there is a negative impact, the EA presents a plan for mitigating that negative impact. The purpose of the hearing is to take public comment on the EA. The preparing agency then responds to those comments, either by further explaining how the proposed mitigation will resolve that concern, or by changing the proposed preliminary design or mitigation plan. The EA, the public comments, and the responses are then forwarded to the Federal Highway Administration, which determines if the proposed project may proceed to the next planning steps, or if further design and mitigation work need to be considered. The full EA is available for inspection at the City Hall information desk and the Engineering _Office; the Brookdale branch of the Hennepin County library; and at the Hennepin County Department of Public Works. Attached to this memo are some extracts from the report • Br kl�yrx Bl vd' - ' - / �1 i II — ., — -- — — - - - - --- -- - - -__ — _ - - - -- _ — — _ - — — �- f CSAHIS2 ch i i , t - -- J -. _ r i _ 1 J j if '-` , 1 4 Brooklyn Boulevard 1,.NInMe,e,. Figure 2.4 i to 0 10 e0 So °�� o 0 100 2M Preferred Alignment ' 1 , CEO SnN N Feel R I SUMMARY This Environmental Assessment (EA) was prepared under the National Environmental Policy Act process for federally funded projects and meets requirements of 42 USC 4321 et. seq. The report describes the preferred roadway and intersection design for the proposed reconstruction of CSAH 152 (Brooklyn Boulevard) in Brooklyn Center, Minnesota, and identifies potential environmental and socioeconomic impacts that would result from construction and implementation. Measures to mitigate the identified impacts are also discussed. The EA has two purposes: 1) to inform the public and decision makers about potential impacts and mitigation for the reconstruction project and 2) to determine if the impacts of the proposed project would be significant enough to warrant further environmental analysis. Based on the analysis of impacts and mitigations, it is anticipated that a Finding Of No Significant Impact (FONSI) will be issued and an Environmental Impact Statement will not be required. CSAH 152 is an intensely developed urban corridor where the natural environment was affected many years ago. Analysis indicated that the built environment would not be severely impacted and, in some areas, would be improved by the project. The portion of CSAH 152 considered in this evaluation extends from 65th Avenue on the south to 71st Avenue (Noble Avenue) on the north. PREFERRED ALTERNATIVE A six -lane roadway cross - section was selected as the preferred alternative for CSAH 152. The preferred alternative accommodates Year 2015 _ projected traffic at a minimum level of service (LOS) D and also supports the redevelopment objectives outlined by the City along this segment of CSAH 152. Intersection capacity analyses were conducted to determine the intersection configurations that would accommodate forecast turning movements in the corridor. Intersection levels of service were optimized by interconnecting signals and with provisions for a new traffic signal at 68th Avenue. The preferred alternative also includes construction of a continuous center island median from 65th Avenue to 70th Avenue. suosz i i s SUMMARY OF IMPACTS AND MITIGATION Generally, because of the urbanized character of the corridor, i environmental impacts will not be severe and mitigation for most of the identified impacts is feasible. The built environment would be enhanced by the project in the following ways: i �i Capacity improvements will provide for the efficient movement of ; • forecast traffic. • Consolidation of _ driveway access points will improve safety . conditions. • Coordinated traffic signal system will assist the efficiency of traffic movements. • Urban design and landscaping treatments in the corridor will improve aesthetics and visual environment. Specific impacts and mitigati ons identified in the EA are the following: 1) Right -of -Way Right -of -way needed for the project would require total acquisition hectares acres) and partial s totaling 1 .7 h � of ten properties tota g acquisition of ten loc lion Wproperties ill bein a hectares Acquisition and re accordance with the Uniform Relocation and Real Property Acquisition Act of 1970, 49 CFR Part 24, and State of Minnesota Statutes and regulations. 2) Emergency Access The project would modify access to /from residential areas from CSAH 152. Advanced warning and mapping of these changes will be provided to emergency and health care delivery services. At no time during the project would access for emergency vehicles be eliminated. Emergency access in the corridor will be enhanced by the project through coordinated traffic signal systems. 3) Hazardous Waste Five of 18 sites in the corridor identified for potential contamination concerns would be acquired by the project. Acquisition of a portion of three other sites is required to accommodate the roadway. Further analysis is proposed to be conducted at each of these sites prior to initiating land acquisition. j Based on analysis findings, appropriate state and federal regulations will be followed for the clean up of any confirmed pollutants found on -site. ii #22082 4) Noise • Under the No -Build Alternative, federal noise standards are predicted to be exceeded at 15 single- and multiple - family residential uses along CSAH 152. • Under the Build Alternative, the federal standards would be exceeded at 14 single- and multiple- family uses along CSAH 152. • Mitigation: Given that noise standards will be exceeded at some locations regardless of whether the roadway is reconstructed or not, and given that there are mixed land uses along the corridor which result in varying acceptable noise levels, noise mitigation is not reasonable for the project. #22082 iii . i Proposed Proi ect Improvements Figure 2.4 illustrates a plan of the proposed roadway improvements, and Figure 2.5 shows typical cross - sections. A more detailed description of proposed design_ elements is presented in the Section 6.0 Alternatives Considered. A general description of the - proposed project's design elements follows. • Upgrade existing CSAH 152 with improved geometrics to enhance traffic operations, safety and driver comfort. Construct medians on CSAH 152 throughout the study area to divide eastbound and westbound traffic and provide refuge for left - turning vehicles. The desirable spacing for median openings where left -turns would be permitted is 200m (660 - feet). Narrower spacing would be used to provide access to some existing uses with the 200m (660 -foot) goal accomplished where redevelopment occurs. The typical design ould include 5.5m 18 -foot Sn ( ) medians for single left -turn lanes and 9.1 m (30 -foot) medians for double left -turn lanes. • Maintain double left -turn lane for southbound CSAH 152 to eastbound I- 94/694 from approximately 100 m (330 feet) north of the I- 94/694 north ramps to the I- 94/694 south ramps. • Provide single left -turn lanes at remaining intersections that coincide with the minimum spacing specifications cited above. • Consolidate access driveways to minimize the number of median openings. • Construct right -in /right -out driveways to provide ingress /egress to private property. Optimal design guidelines for locating right- in /right -out driveways include: - Consolidation of existing access driveways to reduce the number of curb cuts along CSAH 152. - Elimination of access driveways that are less than 45m (150 feet) from a median opening to discourage illegal use of the opening. - Elimination of access driveways that are less than 200m (660 feet) from the approach to a signalized intersection. • Urban design enhancements including special image elements, highlighted features, landscaping, and bicycle /pedestrian amenities will be completed as a separate project but will improve the pedestrian environment in the corridor. #nO82 2 -2 5.0 NEED FOR PROJECT This section summarizes the Brooklyn Boulevard Traffic Operations Analysis, June 1995. This report documents the existing and forecast traffic conditions and includes a detailed traffic operations analysis conducted to determine whether proposed roadway improvements would adequately address the existing operational, design and safety deficiencies on CSAH 152 (Brooklyn Boulevard) PROJECT NEED /EXISTING DEFICIENCIES Roadway Congestion Traffic congestion is currently a major problem at two intersections on CSAH 152. First, the I- 94/694 westbound off -ramp carries over 1,300 vehicles in the PM peak hour. More than 1,000 of these vehicles are attempting to turn right (north) on to CSAH 152 via the existing free right turn lane. This heavy volume results in vehicle queues that extend back onto the I- 94/694 mainline. Second, the 69th Avenue intersection is overcapacity in the PM peak hour, which results in long queues of vehicles along CSAH 152 south from 69th Avenue. The queues can back up past 68th Avenue to the intersection of the I- 94/694 north ramps. This queue in turn interferes with the high volume free right movement previously discussed. Roadwa Design The merge of westbound vehicles exiting I- 94/694 at the north ramps and heading north onto CSAH 152 is one of the key roadway design deficiencies in the study area. Several other substandard roadway design conditions along CSAH 152 and the cross streets hinder safe and efficient vehicle operations. Many of the vehicles from the free right movement at the westbound I- 94/694 off -ramp attempt to turn left at 68th or 69th j Avenues. The combination of a high right -turn volume from the I- 94/694 ramp, the northbound through volume on CSAH 152, and the merging and multiple lane changes on CSAH 152, complicate an already congested J area. 1 Currently, side -by -side center left -turn lanes are provided on CSAH 152 with median breaks for left -turn lanes at each intersection. This design maximizes turn movements and queue storage; however, it also allows left turns across opppsing traffic lanes to occur at any location along the heavily traveled roadway. #22082 5 -1 Accident Rates Existing roadway and intersection analysis indicate safety issues along CSAH 152 in the study area. There were 259 accidents along CSAH 152 between January 1992 and December 1994. Sixty percent of these accidents occurred between the I- 94/694 Ramps and 69th Avenue. Overall, CSAH 152 between 65th Avenue and 71st Avenue (Noble Avenue) has an accident rate of 6.23 accidents per million vehicle miles. This compares to an average accident rate for similar facilities of 4.0 ' accidents per million vehicle miles. By comparison, accident rates at intersections along CSAH 152 do not exceed similar facility averages. This implies that accident problems along CSAH 152 are related mainly to ' increased congestion and the large number of midblock turns that are accommodated by the existing side -by -side center left turn lane design. PROPOSED IMPROVEMENTS The proposed geometric improvements include: • Replace center side -by -side left -turn lanes with continuous median and single left turn-lanes at intersections. 1 Maintain double left -turn lane for southbound CSAH 152 to eastbound I- 94/694 from approximately 100 in (330 feet) north of the I- 94/694 north ramps to the I- 94/694 south ramps. ' 0 Add third through lane in each direction between 65th Avenue and 71st Avenue. • Replace I- 94/694 north ramp exit free right with double right -turn lanes (with "no turn on red "). Maximize storage on ramp. • Consolidate access driveways between I- 94/694 and 69th Avenue into one entrance at 68th Avenue and add signal at 68th Avenue to accommodate increased demand. • Add right -turn lane on southbound CSAH 152 approach at 69th Avenue. FORECAST TRAFFIC OPERATIONS = Given the roadway improvements described above, a traffic operations analysis was conducted to determine traffic operations for the 2015 forecast year. The operations analysis concluded that: • CSAH 152/69th Avenue intersection operations would improve from existing LOS F to LOS D in the PM peak hour. • A traffic signal is warranted at 68th Avenue given the consolidation of access between I- 94/694 and 69th Avenue. #22082 5 -2 F • Interconnecting the new and existing signals in the corridor will improve the efficiency of traffic operations. #22W2 5 -3 I� I� 6.0 ALTERNATIVES ALTERNATIVE DEVELOPMENT PROCESS Planning studies regarding improvements to CSAH 152 (Brooklyn Boulevard) have been taking place for several years. These studies have identified roadway deficiencies and recommended improvements along the segment of CSAH 152 evaluated in this Environmental Assessment. The recommendations of these studies, summarized below, support the need for the project as detailed in Chapter 5.0. 1. Brooklyn Center Comprehensive Plan, BRW, Inc., 1979 "Upgrade the arterial road system as necessary so as to accommodate increased traffic demands..." and widen CSAH 152 north of I- 94/694. 2. North Brooklyn Center Transportation Study, SRF, Inc., 1993 This study looked at improvements on other corridors to relieve the traffic demand on CSAH 152. However, the alternative corridors either did not attract trips from CSAH 152 or they were not feasible to build. Therefore, this study concluded that the best way to accommodate traffic on CSAH 152 was to improve CSAH 152. The following improvements were recommended. Reconstruct CSAH 152 to provide a median island and center single left turn lanes at intersections. Add third through lane in each direction between 65th Avenue and 71st Avenue (Noble Avenue). • In the southbound direction between the I- 94/694 south ramps and 65th Avenue, provide two through lanes plus a right - turn lane. The right -turn lane would serve a proposed park- and -ride lot. • Reduce weaves between I- 94/694 north ramps and 69th Avenue by eliminating the free right turn lane from westbound I- 94/694 off -ramp. Replace capacity with a two - lane right turn and exclusive signal phase. The two right - turn lanes will provide additional storage capacity which #22082 6 - will reduce the potential for backups into the I- 94/694 i mainline. Construct right turn lanes at major cross streets (65th Avenue and 69th Avenue). • Construct free right -turn lanes from CSAH 152 to major intersections (65th, 69th and 71st Avenue). • Consolidate driveways, particularly between I- 94/694 north ramps and 69th Avenue. Explore options for serving multiple businesses from single access drive or service road configuration. • Optimize the traffic signal system and examine the warrants for a traffic signal at 68th Avenue. 3. Brooklyn Boulevard, Streetscape Amenities Study, BRW, Inc., 1994 CSAH 152 should "accommodate regional as well as local traffic by widening the Boulevard north of I- 94/694 and by continually monitoring the rest of the corridor." REFINEMENT OF ALIGNMENT LOCATION Analysis indicated that additional right -of -way would be required to accommodate the proposed roadway improvements north of I- 94/694. The following right -of -way acquisition options were considered: 1) Acquire all right -of -way along west side of roadway. 2) Acquire right -of -way from both sides of roadway. 3) Acquire all right -of -way from east side of roadway. Theo lion of acquiring all right-of-way from the east side of CSAH 152 P q g was determined preferable for the following reasons: • The segment has numerous drivewa Y s " with direct access to CSAH 152. • Right -of -way acquisition is focused within a redevelopment district designated by the City of Brooklyn Center. The main access to the redevelopment area could be provided by cross- streets rather than CSAH 152. lie azzosz 6-2 r _ DESCRIPTION OF ALTERNATIVES ANALYZED IN ENVIRONMENTAL ASSESSMENT This Environmental Assessment considers two alternatives as defined below: No -Build Alternative Under the No -Build Alternative no improvements would be constructed along CSAH 152. The No -Build Alternative was retained throughout the study as a basis for comparison to determine the transportation/ traffic benefits of the Build Alternative. Build Alternative As described previously, the primary features of the Build Alternative include adding one general traffic lane in each direction along CSAH 152 between 65th Avenue and 71st Avenue, constructing a continuous center median, and introduction of a traffic signal at 68th Avenue. A detailed description of some of the key design elements of the Build Alternative is provided below: Alignment Location: The design speed for the corridor is 70 KPH (43 mph). Whenever possible, the alignment is proposed to be located in the center of the existing right -of -way. Where additional right -of -way is required to accommodate the new design, the widening is proposed to be accomplished totally on the east side. Intersection Spacing and Driveway Access: Optimum intersection (median opening) spacing for a roadway with the desirable characteristics of a minor arterial such as CSAH 152 is 405m (1,330 feet). However, 405m (1,330 feet) spacing is impractical for the current level and type of development along the corridor. Therefore, 200m (660 feet) spacing should be strived for as a minimum distance between median openings. Where a 200m (660 feet) spacing would result in an undue hardship to an existing development, and analysis concludes that a variance is appropriate, an interim median opening of less than 200m (660 feet) spacing would be considered. In all cases, however, as property redevelops, substandard spacing would be eliminated, with major new development orienting to access points at 405m (1,330 feet) spacings and smaller developments clustering around access points at no less than 200m (660 feet) spacing. #22082 6 -3 i Selected driveways may be allowed as right turns in and out at locations between median openings. Long -term efforts would be made to redirect private access to intersecting public streets or consolidated private drives. Driveways would be y discouraged within 200m (660 feet) of the approach to any signalized intersection. Driveways entering the lanes leaving major intersections would be discouraged within 200m (660 feet) of the intersection but would be tolerable with appropriate use of the proposed auxiliary lane. Driveways would not be allowed within 45m (150 feet) of a median opening to discourage the illegal use of the opening. Driveway spacing criteria should be adhered to with all new developments, but variances to the criteria may be appropriate to accommodate existing developments. Pedestrian Crossings at Intersections: Signal timing will provide sufficient time for normal pedestrian crossing and clearance of the intersections. However, if a pedestrian is unable to clear the intersection, a refuge area will be provided at the median nose. Either a striped area of the crosswalk or a refuge area on the raised median will be developed during final. design. S t J #220K 6-4 u 7.0 SOCIAL, ECONOMIC, AND ENVIRONMENTAL IMPACTS AND POTENTIAL MITIGATION MEASURES 7.1 INTRODUCTION Chapter 7.0 identifies the social, economic, and environmental impacts of the CSAH 152 (Brooklyn Boulevard) project assuming implementation of the preferred alternative described in Chapter 6.0. Impacts of the No- Build Alternative serve as a base condition for comparative purposes. Potential mitigation measures developed to reduce or avoid the project's negative impacts are also discussed. 7.2 GENERALIZED LAND USE PATTERN Over the past thirty years CSAH 152 has developed into one of the most heavily traveled roads in the northwest section of the Twin Cities. As illustrated in Figure 7.1, the corridor contains a broad mix of commercial, office and residential development. Several areas, especially the residential uses adjacent to CSAH 152, are being considered for or are undergoing redevelopment to commercial land uses. The land use character of the Study Corridor is generally divided by I -94/ 694. South of I- 94/694, residential development is more prominent, while north of I- 94/694 commercial development is most common. The most prominent land use types are the automobile dealerships north of I -94/ 694. These uses line both sides of CSAH 152 north to 69th Avenue. 7.3 SOCIAL AND COMMUNITY IMPACTS 7.3.1 Right -of -Way and Relocation The CSAH 152 reconstruction project extends across a fully developed portion of urban area and would introduce some level of impact upon the existing development. ment. g p Analysis indicated that the preferred alternative, would affect a total of 20 parcels along the Corridor. Total acquisitions would be required for ten parcels, encompassing 1.7 hectares (4.2 acres) of land acquisition. The remaining ten parcels would be partial impacts, #22082 7 -1 _ w w� including acquisition of approximately 0.3 hectares (0.65 acres) of land. The right -of -way requirements of the preferred alternative are illustrated on Figure 7.2. The buildings that would be purchased include one residence, an auto service center, oil change business, auto parts store, gas station, dry cleaners and three additional business structures. The properties that would need to be relocated for reconstruction of CSAH 152 are contained primarily within a redevelopment district previously defined in the Brooklyn Boulevard Streetscape Amenities Study, 1994. This district is being considered for redevelopment regardless of whether CSAH 152 is reconstructed. If redevelopment is initiated prior to reconstruction of CSAH 152, the necessary right -of -way will be set aside to accommodate the new roadway. The estimated cost for acquiring the ten properties identified as total acquisitions is estimated at $1.9 million. Because acquisition of these properties is also required for the redevelopment district noted above, the right -of -way cost estimate prepared for this document assumes only the portion of each property required to accommodate the new roadway. Given this, the right -of -way acquisition costs -for the project are as follows: • Right -of -way portion of total acquisitions - $500,000 • Partial acquisitions - $500,000 The ten partial acquisition impacts include two auto dealerships, a service station, a single - family residence, a multiple - family structure, and office buildings. Some partial acquisitions may impact existing parking lots. The level of parking impacts vary and it is possible they could change as the roadway design proceeds through final engineering phases. Two possible measures for mitigating unavoidable parking area impacts might include: • Reconfiguration /restriping of remaining parking areas to maximize efficiency. • Reevaluation of parking needs relative to City Zoning Code requirements. Acquisition and relocation would be in accordance with the Uniform Relocation and Real Property Acquisition Act of 1970, 49 CFR Part 24, and applicable State of Minnesota statutes and regulations. The Minnesota Department of Transportation (Mn /DOT) Office of Right -of -Way has documented the acquisition and relocation processes in the following handbooks, which are available upon request: Relocation, Your Rights and Benefitsand Guidebook for Property Owners. Comparable housing would be made available for the residential relocatee. #22082 7 -3 The City will work with displaced businesses to relocate within the City and as close to the existing site as possible. A positive impact of the project is expected to be a net increase in employment opportunities. .2 Impacts on s Sensitive Groups 7. 3 � p Since the project does not require acquisition of any residential properties, no disproportionate impacts are anticipated upon any sensitive social group. 7.3.3 Economic and Fiscal Impacts ' The proposal to reconstruct CSAH 152 would require the acquisition of property valued for tax purposes in 1995 at $1,815,700. These properties will generate approximately $110,000 in 1996 property tax revenues for the city, county, school district and other special taxing districts. The potential tax revenue loss represents 0.3 percent of the total ad valorem tax collections within the City of Brooklyn Center in 1995. This loss of tax revenue could be off -set by tax revenues that would be generated if the acquired land area is redeveloped as presently planned by the City of Brooklyn Center. Several businesses are proposed to be acquired as part of the project's right -of -way acquisition program. To mitigate the project's disruption of these displaced businesses and affected employees, federal requirements for business relocation assistance would be followed. Also, the Twin ' Cities market has an adequate supply of vacant office space to accommodate businesses that would be required to relocate. 7.3.4 Capital Costs and Funding The capital costs for construction of the Build Alternative is $3,400,000 in 1995 dollars. Right -of -way costs are estimated at $1,000,000 and engineering and administrative costs are estimated at $400,000. The right- of -way costs are based on the assessed fair market value of the properties necessary to complete the proposed action. Hennepin County has received an.ISTEA grant for $1,600,000 to cover a portion of the project cost. The remainder of the project will be paid through County and City of Brooklyn Center funding sources. 7.3.5 Accessibility to Community Resources and Facilities Community facilities in the CSAH 152 project corridor include the following: • Garden City Elementary School, 3501 65th Avenue North #2208z 7 -5 • St. Alphonsus Catholic School and Church, 7025 Halifax Avenue North Brooklyn Center United Methodist Church, 7200 CSAH 152 There would not be any direct impact to these facilities as a result of the project. Each of these facilities could be enhanced through improved traffic safety and operation conditions on Brooklyn Boulevard as well as improved pedestrian and bicycle amenities along the corridor. 7.3.6 Pedestrian and Bicycle Movement The Brooklyn Boulevard Streetscape Amenities Study, May 1994, identified . several pedestrian and bicyclist enhancements for the CSAH 152 Corridor. In response to this study, the proposed improvements for CSAH 152 include a system for pedestrian and bicycle movement. These ' enhancements are consistent with the City's comprehensive sidewalk and trail plan. As illustrated in Figure 2.5 pedestrian and bicyclist movement would be accommodated by a 3 meter (10 foot wide) pedestrian/bicycle trail. The pedestrian/bicycle trail is located 3 meters (10 feet) from the traffic lanes. This clear zone area would contain street signage, light posts and landscaping trees serving as buffers between pedestrians and bicyclists and the roadway. Generally there are three types of bicyclists: 1) Grou p A - Advanced Bicyclists; 2) Group B -Basic Bicyclists; and 3) Group C - Children. Group B and C bicyclists, who represent casual or recreational riders, usually prefer separation from vehicular traffic and can be grouped together. Group A bicyclists are more experienced riders who prefer the most direct and fastest route and can operate under most traffic conditions. Group A bicyclists may choose to travel along the outside edge of the curbside travel lane although it would not be striped or signed for such use. The Group B and C bicyclists would be able to use the wide pedestrian/ bicycle trail for safe and comfortable bicycle travel along the corridor. Appropriate pedestrian/bicycle ramps and crosswalk markings would be provided at the intersections. 7.3.7 Public Transit The Metropolitan Council Transit Operations (MCTO) provides transit service in the study area. The transit service is generally oriented toward Minneapolis in a north /south direction. Local service is provided via Route 5 which runs along CSAH 152 between 65th Avenue and 69th Avenue. This is part of Route 5 that extends between downtown Minneapolis and the 85th Avenue park -and- ride in Brooklyn Park. #22082 7-6 Express service in the study area is provided via Routes 45 and 94G. Route 45 travels along CSAH 152 from 63rd Avenue to I- 94/694. Route 94G extends along CSAH 152 between 63rd and 65th Avenues. Park - and -Ride Facility A park- and -ride lot designed by MCTO is currently under construction in the southwest quadrant of the I- 94/694/CSAH 152 interchange. This facility will provide approximately 210 parking stalls along with an enclosed passenger shelter. The construction - schedule indicates site operations will begin in late 1995. Final site work, including landscaping will be completed in 1996. Operations plans call for directing Express Route 45 into the facility from 65th Avenue. Local Route 5 will also service the facility via bus stops on CSAH 152. Once completed, this facility will improve transit services for the surrounding service area. 7.3.8 Public Safety The introduction of a continuous median along CSAH 152 could adversely affect emergency response . time by limiting the opportunities for ti emergency vehicles to cross over CSAH 152. This issue could be mitigated by providing emergency service agencies (police, fire, hospitals, i and ambulance /rescue services) with accurate mapping of the study area to allow for access planning in advance of construction. In addition, traffic signals through the project area will be equipped with emergency vehicle pre - emption technology to optimize emergency response times. Positive impacts of the project on public safety would result from improved roadway geometries and traffic signal operations and a reduction in the number of access driveways. 7.3.9 Visual Quality The Brooklyn Boulevard Streetscape Amenities Study completed in May 1994, included several recommendations for enhancing the visual quality of CSAH 152 through Brooklyn Center, including the study area for this project. Key elements of this study are summarized below. Existing Visual Environment As illustrated in the photographs on Figure 7.3, the existing visual environment in the CSAH 152 Corridor includes a wide variety of building types and massing as well as various street cross - sections and design treatments. In general, the Corridor has relatively little visual consistency, few streetscape elements, and no significant landscaping. Following is a brief description of the key visual characteristics and features of Corridor segments, which are presented on Figure 7.1, Land Use /Forces: mzosz 7 -7 • Four Lane Roadway. The four -lane roadway has varying median conditions and a mixture of protected left -turn lanes and double, side -by -side, left -turn lanes. • Minimum Public Enhancements. The roadway right -of -way contains a limited amount of enhancements, such as street furniture, lighting, or landscaping. • Overhead Utilities. The Corridor includes overhead power lines which parallel or cross the roadway. • Underutilized Parcels. Many parcels along the corridor are partially vacant or poorly utilized and low- density developments, such as single - family residential uses, do not take advantage of the commercial potential and exposure that the Corridor offers. ke • Uncoordinated and Incompatible Land Use Patterns. The CSAH 152 Corridor has been undergoing a transformation from predominantly residential to a mixture of various land uses. The interjection of new retail and office developments in various locations along the Corridor on a parcel -by- parcel basis has resulted in a checkerboard pattern of single - family residential, medium - density residential, institutional, office, and service and retail commercial uses. • Varying Edge Conditions. The landscaping and urban design treatments and appearance of the properties along the Corridor also vary greatly ranging from the well - landscaped to devoid of landscaping. • Lack of Image/Focus. The Corridor contains very few landmarks or highlights, except for some of the larger commercial buildings and signs, and the automobile dealerships. The Corridor also lacks identification and a sense of place. One can drive through the Corridor without truly understanding which city one is in or how the Corridor relates to the rest of Brooklyn Center. Visual Quality Impacts and Mitigation Impacted Viewers Two es of viewers would be"aff tYP ected by the proposed improvements — people who use the corridor and people who have views of the corridor. People who use the corridor include drivers or passengers of vehicles, t bicyclists, and pedestrians. People who have views of the corridor include residents who live adjacent to the corridor and people who work or conduct business in the retail or office buildings along the corridor. l' #220K 7 -9 Since there are relatively few tall buildings along the corridor, most viewers would be users of the corridor. Therefore, most of the views of the corridor would be at close range and would encompass only the immediate corridor environs. The enhancement project will have several benefits. General Visual Impacts Overall, the proposed roadway improvements would provide a more uniform appearance, and create visual continuity along the. corridor. One of the major visual impacts of the proposed project would be the wider cross - section of the roadway and the additional paving. A special pavement apron is proposed as part of the enhancement project to be placed around the medians and along the outside curbs to add color to the I streetscape and help mitigate the pavement impact. Specialty Items A system of coordinated street furniture items, such as benches, litter receptacles, bus shelters, and other miscellaneous items, will give the corridor a more finished appearance and improved image. Additional visual elements for enhancing the visual environment may include a banner system on the light poles, directional and pathfinder sign systems, and specialty items, such as entrance monuments and public art. Landscaping A key item for enhancing the visual appearance of the corridor and for mitigating the impact of the wider roadway is landscaping. Extensive landscaping of the boulevards on both sides of the roadway as proposed will improve the image of the roadway. Use of a wide variety of landscaping materials and of evergreen shrubs and trees will add color to the corridor throughout the year. Landscaping will also be used to screen undesirable views, such as large parking lots or service areas. Retaining Walls Where required, retaining walls are proposed to be designed to add interest to the streetscape. Retaining walls will receive special coloring and patterning treatments to enhance their appearance. Landscaping will be utilized to soften the look of the retaining walls. #22082 7 -10 7h MEMORANDUM Date: February 8, 1996 To: Michael J. McCauley, City Manager From: Brad Hoffman, Community Development Director Subject: Public Hearing on a Proposal for the Issuance of Revenue Bonds to Finance a Multifamily Rental Housing Development (Presbyterian Homes Housing and Assisted Living, Inc. Project) Pursuant to Minnesota Law The Council, at its January 8, 1996, meeting, called for a public hearing to consider the issuance of $4,700,000 in tax exempt (501(c)(3) non - profit) elderly housing revenue bonds. Presbyterian Homes, the requesting entity, is proposing to use the bond fund for the purpose of acquiring the Earle Brown Commons apartment complex located at 6100 Summit Drive North. As the Council is aware, this property, which is located in the Earle Brown tax increment district, has been delinquent in its property taxes since 1989. At this time, the property owes approximately $1.8 million in back taxes. Of that amount, about $1.5 million is owed to the TIF district. The current owners have structured this deal with Presbyterian Homes. Neither the City nor the EDA was involved in the selection of the buyer. However, Presbyterian Homes did provide us with a financial report dated September 30, 1995, which indicates that they are a financially secure and strong organization. Further, they operate and manage at least seven other senior facilities in the metro area and their reputation is good. At closing, all back taxes will be brought current. The Council should be aware that the issuance of the bonds will count against the City's annual bond issuance limit of $10,000,000. It is the opinion of staff that this should not pose a problem. It is not anticipated that Brooklyn Center would issue more than $5.3 million in tax - exempt bonds during 1996. However, these bonds are not an obligation of the City. The revenues from the project are the only monies pledged to the repayment of the bonds. In addition, a supplemental development agreement has been negotiated with Presbyterian Homes. For the life of the TIF district, Presbyterian Homes will not seek or claim any tax classification that would reduce their current property tax classification. In addition, they agree that their minimum tax will not go lower than $181,484 during the life of the TIF under any circumstances. Presbyterian Homes will also be paying an annual fee of 1l8 of a point on the outstanding principal balance. In the first year, that would be about $5,800. Staff is aware of other otential buyers for the project. Thos P Y p � a buyers may or may not have requested tax exempt bonding. The deal belongs to the current owner and it is their right to select the buyer of the property. The City's concerns are addressed with the purchase by 0 Memorandum to Michael J. McCauley February 8, 1996 Page 2 Presbyterian Homes and it is staff's recommendation that the Council approve the bond issue. Monday evening, the Council will be taking several actions relative to this agenda item. First, they will hold the public hearing for public comment. Second, the Council will be asked to pass a resolution giving both preliminary and final approval to the bond issue. The closing is scheduled for February 29. Third, the Council will be asked to pass a resolution approving the supplemental development agreement. Fourth, and finally, the Council needs to convene as the HRA and the EDA to approve by resolution the supplemental agreement. This is necessary because all three parties, the City, the HRA and the EDA, were parties to the original agreement. Representatives from Presbyterian Homes will be available to address any of Council's questions on Monday evening. FEB 08 '96 11:56 KENNEDY & GRAVEN P,2 SUPPLEMENTAL DEVELOPMENT AGREEMENT THIS AGREEMENT made on or as of the day of 1996, by and among the City of Brooklyn Center, a Minnesota municipal corporation (the "City ") , the Housing and Redevelopment Authority in and for the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota (the ► ►HRA ") , the Economic Development Authority in and for the City of Brooklyn Center, a public body corporate and politic under the laws of Minnesota (the "EDA ") , and Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation ( "Presbyterian Homes ") . RECITALS A. The City, HRA and Earle Brown Commons Partnership (the "Original ated as of July 16, Developer" entered into a Contract for Private Development d 1986 (the "Redevelopment Contract ") , providing for development of a multifamily rental housing facility on certain real property described in Exhibit A attached hereto (the "Property ") . B . The Property is located in the Earle Brown Farms Redevelopment District (the "Project Area "; now part of a project area known as Housing Development and Redevelopment Project No. 1) and a tax increment financing district (the TIF District "), all created under Minnesota Statutes, Sections 469.001 to 469.047 and . ) Sections 469.174 to 469.178 and predecessor statutes (collectively, the C . The HRA and the Original Developer entered into an Assessment Agreement dated as of September 1, 1986, ( the "Assessment Agreement ") which agreement was modified by Modification No. 1 to Assessment Agreement and Certification of Assessor dated as of June 29, 1995 (the "First Modification ") and recorded as Document No . , between the HRA and Earle Brown Commons Limited Partnership II (the "Successor Developer ") as successor to the Original Developer. D. The HRA and the Original Developer entered into a Deficiency Agreement dated as of September 1, 1986 (the "Deficiency Agreement ") specifying certain minimum tax increments payable in connection with the Property . E. In order to finance various public improvements in the original Project Area the City ssued its 4,270,000 General Obligation Tax Increment Refunding Bonds, Series 1992A (refunding the City's $5,250,000 General Obligation Tax Increment Bonds, Series 1985) and its $6,050, 000 General Obligation Tax Increment Bonds, Series 1991A (collectively, the "TIF Bonds ") , which TIF Bonds are primarily secured by tart increments from the TIF District, including the Property. F. By Resolution No. , the City has transferred control and authority regarding the Project Area and the TIF District from the HRA to the EDA. G . As of the date of this Agreement, Presbyterian Homes is acquiring the Property from the Successor Developer, which acquisition is financed through issuance by the City of its $4,700,000 Elderly Housing Revenue Bonds Presbyterian Homes Housing and Assisted Living, Inc. Project) Series 1996 (the "Housing Bonds ") . WBI00079 sa3oa -s7 �-� -moo + j� r�ui : nnrvwcuY a LIMc AVZN IL):012337y310 PAGE 3/11 H . In consideration, in part, for issuance by the City of the Housing Bonds, the parties hereto desire to modify and replace certain terms of the Redevelopment Contract and the Deficiency Agreement and make such other agreements as further described herein. NOW, THEREFORE, in consideration of the premises, the parties do hereby agree as follows: 1. Assumption of Assessment Agreement Presbyterian Homes assumes for itself and its successors and assigns the obligations of the Successor Developer set forth in the Assessment Agreement as modified by the First Modification. Notwithstanding release of the Redevelopment Contract as provided herein, the parties agree and understand that the term "Maturity Date" as used in the Assessment Agreement has the meaning provided in this Agreement . 2. Property Tax Covenants (a) Presbyterian Homes shall pay all real property taxes and assessments assessed against the Property, and agrees that prior to the Maturity Date: (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any tax statute determined by any tax official to be applicable to the Property or raise the applicability or constitutionality of any such tax statute as a defense in any proceeding including delinquent tax proceedings; (2) it will not, through any proceeding whether legal or equitable with the City, County, state or other governmental entity or administrative body thereof, seek reduction of the estimated market value of the Property below the value specified in the Assessment Agreement as modified by the First Modification; (3) it will not seek deferral of property tax under any Minnesota law; (4) the Property shall be classified for real estate tax purposes as class 4a, pursuant to Minnesota Statutes, Section 273.13, subd. 25(a) or any successor statute, and Presbyterian Homes will not, through any proceeding whether legal or equitable with the City, county, state or other governmental entity or administrative body thereof, seek a change of classification of the Property to class 4c or class 4d under Section 273.13, subd . 25, or to any other classification under current or future law providing a lower percentage of market value than provided under Minnesota Statutes, Section 273.13, Subd. 25(a); and (4) it will not transfer, or permit the transfer of, the Property to any entity that is exempt from real property taxes under state law, other than the City, the EDA or the HRA. (b) If the total real property taxes attributable to the Property in any calendar year commencing in 1996 and ending in the calendar year of the Maturity Date is less than $181,484, the EDA shall notify Presbyterian Homes of the difference between the actual taxes payable and $181,484 (the "Deficiency ") . The amount of the Deficiency shall be deemed established each year upon determination by the County of the total taxes payable on the Property in that calendar year. Presbyterian Homes shall pay the amount of the Deficiency to the EDA within 30 days after receipt of written notice of the Deficiency. Failure by the EDA to provide the notice of the Deficiency promptly upon determination of the amount thereof shall, not relieve Presbyterian Homes of its obligation to make the required payment 30 days after Presbyterian. Homes receives actual notice of the deficiency from the EDA. The obligation of Presbyterian Homes to make the payments described in this Section shall be absolute and unconditional irrespective of any defense or any rights of setoff, recoupment or counterclaim it might otherwise have against the EDA or any other government body or other person. Presbyterian Homes shall not fail to make any required payment under this Section for any cause or circumstance whatsoever, SJBI00079 = 05 -57 2 rcc -1 - = 0 1 i : 3.i rKUM: KENNEDY & GRAVEN 10: b 123378310 PAGE 4/11 including without limitation any change in State property tax laws or any other law, or any other event, even if beyond the control of Presbyterian Homes. 3. Insurance (a) Prior to the Maturity Date, Presbyterian Homes shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the EDA shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and /or damage to the Property under a policy or policies covering such risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire and extended coverage in an amount not less than 90% of the full insurable replacement value of the Property, less an amount equal to the fair market value of the land, but any such policy may have a deductible amount of not more than $50,000. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co- insurance provisions or otherwise, without the prior consent thereto in writing by the EDA. The term "full insurable replacement value" shall mean the actual replacement cost of the Property (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of the EDA, but not more frequently than once every three years, by an insurance consultant or insurer selected and paid by Presbyterian Homes and approved by the EDA_ (A) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion dele ted ) , against liability for injuries to persons and /or property, in. the minimum amount for each Ju occurrence and for each y ear of $1, 000, 000, and shall be endorsed to show the EDA as additional insured. (iii) Such other insurance, includingworkers' compensationinsurance respecting all employees of Presbyterian Homes, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that Presbyterian Homes may be self - insured with respect to all or any part of its liability for workers' compensation. (b) All insurance required in this Agreement shall be taken out and maintained in responsible insurance companies selected by Presbyterian Homes which are authorized under the laws of the State to assume the risks covered thereby. Upon request, Presbyterian Homes will deposit annually with the EDA policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Section of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to Presbyterian Homes and the EDA at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, Presbyterian Homes may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event Presbyterian Homes shall deposit with the EDA a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Property- S=100079 M*05 -57 3 iE8 08 1 90 11:57 KENNEDY & GRAVEN P.3 (d) Presbyterian Homes agrees to notify the FDA immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Property or any portion thereof resulting from fire or other casualty- 4. Covenants Running with the Land This Agreement shall be recorded in the offices of the County Recorder of Hennepin County. Presbyterian Homes shall pay all the costs of recording. The parties agree and understand that the covenants of Presbyterian Homes under this Agreement run with the Property and are binding upon all successors and assigns thereto. 5. Redevelopment Contract and Deficiency Agreement Released The parties hereto agree and understand that this Agreement supersedes m all respects the Redevelopment Contract and the Deficiency Agreement. Upon request of Presbyterian Homes, the HRA will execute a document in recordable form releasing and terminating the Redevelopment Contract and the Deficiency Agreement. 6. Notices and Demands Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of Presbyterian Homes is addressed to or delivered personally to Presbyterian Homes Housing and Assisted Living, Inc., 322 Lake 2 Johanna Blvd., Arden Hills, MN 55112, Attn: Vice President and CEO; an (b) in the case of the City, the EDA or the HRA is addressed to or delivered personally to such entity at City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430, Attn: City Manager; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. 7. Counterparts This Agreement may be executed in any number of i counterparts, each of which shall constitute one and the same instrument. 8. Default - Failure by Presbyterian Homes to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed hereunder shall consitute an event of default under this Agreement. Upon such event of default, the City, HRA or EDA may take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of an obligation, agreement, or covenant under this Agreement. Whenever any event of default occurs and if the City, EDA or HRA shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer under this Agreement, Presbyterian Homes agrees that it shall, within ten days of written demand by the City, EDA or HRA, pay to the appropriate body the reasonable fees of such attorneys and such other expenses so incurred by the City, EDA or HRA. 9. Definitions In this Agreement, the following terms have the following respective meanings unless the context clearly requires otherwise: =100079 88305 -37 4 FEB 86 '66 12-:15 KENNEDY & GRAVEN p,i "Agreement" means this Supplemental Development Agreement. "Assessment Agreement" has the meaning provided in Recital C hereof. "County" means Hennepin County, Minnesota. "Deficiency Agreement" has the meaning provided in Recital D hereof. "First Modification" has meaning the provided in Recital C hereof. "Maturity Date" means the date on which all the TIF Bonds are paid in full, redeemed, or defeased, all in accordance with their terms. "Presbyterian Homes" means Presbyterian Homes Housing and Assisted Living, Inc. and its successors and assigns. "Property" means the real property described in Exhibit A hereto together with all improvements constructed thereon. i "Redevelopment Contract" has the meaning provided in Recital A hereof . "State" means the State of Minnesota. "TIF Bonds" means the tax increment bonds described in Recital E hereof, and includes any bonds issued to refund such bonds. 9=100079 DWOS -57 S r : a-I rMU01 : r rZN V-LjI a L mAV=N 1 L): 6 1 2J37!3j 10 PAGE 7/1 1 IN WITNESS WHEREOF the City, the HRA, the EDA and Presbyterian Homes have caused this Agreement to be duly executed in their names as of the date first above written. CITY OF BROOKLYN CENTER By Its Mayor By Its City Manager STATE OF MINNESOTA ) ss _ COUNTY OF HENNEPIN ) On this day of , 19 before me, a notary public within and for Hennepin County, personally appeared and the Mayor and City Manager, respectively, of the City of Brooklyn Center, Minnesota and acknowledged the foregoing instrument on behalf of the City. Notary Public i SM00o79 BMOS -s7 g tEti- 0 " / -9b i7:34 FROM:KENNEDY & GRAVEN 10: 6123379310 PAGE B /11 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER By Its Chair By Its Executive Director STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 19 , before me, a notary public within and for Hennepin County, personally appeared and , the Chairperson and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Brooklyn Center, Minnesota and acknowledged the foregoing instrument on behalf of such Housing and Redevelopment Authority. Notary Public SJBIO0079 MUGS -57 7 rcts -r� / -mac 1 i : 3y r RUM :KENNEDY FS GRAVEN 10:6123375310 PAGE 9/11 ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER By Its President By Its Executive Director STATE OF MINNESOTA ) } ss. COUNTY OF HENNEPIN ) On this day of , 19 , before me, a notary public within and for Hennepin County, personally appeared and , the President and Executive Director, respectively, of the Economic Development Authority in and for the City of Brooklyn Center, Minnesota and acknowledged the foregoing instrument on behalf of such Economic Development Authority. Notary .Public 538100079 SMOS -57 8 FEB 08 1 96 12 =16 KENNEDY & GRAVEN P,2 PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. By Its By Its STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss On this day of , 19 me, a notary public within and for Hennepin County, personally appeared and , the and respectively, of Presbyterian Homes Housing and Assisted Living, Inc. and acknowledged the foregoing instrument on behalf of the corporation. i Notary Public , W3200079 BMQS -57 9 7.6 � Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF ELDERLY HOUSING REVENUE BONDS, TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, ON BEHALF OF THE PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING INC. BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City "), as follows: I. Authority. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes Chapter 462C, as amended (the "Act "), authorized to issue and sell its revenue bonds for the purpose of financing the cost of housing developments for the elderly and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Authorization of Project Documents Presented Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation (the "Corporation "), has proposed to this Council that the City issue and sell its City of Brooklyn Center Elderly Housing Revenue Bonds (The Presbyterian Homes of Minnesota, Inc. Project), Series 1996, in substantially the form set forth in the hereinafter - mentioned Indenture (the "Bonds "), pursuant to the Act and loan the proceeds thereof to the Corporation, in order to provide financing with respect to costs of the acquisition of an elderly housing development known as Earle Brown Commons consisting of 140 rental units and related facilities located at 6100 Summit Drive North in the City of Brooklyn Center, Minnesota (the "Project"). Forms of the following documents relating to the Bonds have been submitted to the City: a. Loan Agreement (the "Loan Agreement ") dated as of February 1, 1996, between the City and the Corporation, whereby the City agrees to make a loan to the Corporation of the gross proceeds of sale of the Bonds and the Corporation agrees to undertake and complete the Project and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds; and b. Trust Indenture (the "Indenture ") dated as of February 1, 1996, between the City and American Bank, N.A., as trustee (the "Trustee "), authorizing the issuance of and pledging certain revenues, including those to be derived from the Loan Agreement, as security for the Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and c. Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment of Leases and Rents (the "Mortgage "), dated as of February 1, 1996, from the Corporation to the Trustee, by which the Corporation grants to the Trustee a mortgage lien on and security interest in certain mortgaged property, as described therein, as further security for RESOLUTION NO. the payment of the Bonds and assigns to the Trustee its interests in all leases and rents with respect to the mortgaged property (this document not to be executed by the City); and d. Assignment of Mortgage (the "Assignment') dated as of the date of delivery of the Bonds, from the City to the Trustee, by which the City assigns its interest in the Mortgage to the Trustee; and e. Guaranty Agreement (the "Guaranty ") dated as of February 1, 1996, from The Presbyterian Homes of Minnesota, Inc., Presbyterian Homes Foundation, Presbyterian Homes Management and Services, Inc., Presbyterian Homes Care Centers, Inc., and Presbyterian Homes of Arden Hills, Inc. (collectively, the "Guarantors ") to the Trustee (this document not be executed by the City); and f. Regulatory Agreement (the "Regulatory Agreement ") dated as of February 1, 1996, by and among the City, the Corporation and the Trustee, by which the Corporation has agreed to operate the Project as a "residential rental project' under Section 142(d) of the Internal Revenue Code of 1986, as amended; and g. Bond Purchase Agreement (the `Bond Purchase Agreement'), by and between Miller, Johnson & Kuehn Incorporated (the "Underwriter"), the Corporation and the City, providing for the purchase of the Bonds from the City by the Underwriter and setting the terms and conditions of purchase; and h. Preliminary Official Statement and form of final Official Statement, the form of the Preliminary Official Statement, together with the insertion of the final underwriting details of the Bonds, including the interest rates thereon, and any other changes deemed necessary or desirable, intended to constitute the form of the final Official Statement, and including all Appendices thereto (together the "Official Statement'), describing the offering of the Bonds, and certain terms and provisions of the foregoing documents. 3. Findings It is hereby found, determined and declared that: a. The Project constitutes an elderly residential rental project authorized by and described in the Act. b. There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond 2 RESOLUTION NO. Purchase Agreement, the Regulatory Agreement or the Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. c. The execution, delivery and performance of the City's obligations under the Bonds, the Indenture, the Bond Purchase Agreement, the Regulatory Agreement and the Loan Agreement do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. d. It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. e. The Loan Agreement provides for payments by the Corporation to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Corporation to pay for all costs of operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. A reserve fund has been established under the provisions of the Indenture in connection with the issuance of the Bonds. f. Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the Loan Repayments to be made by the Corporation under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge 3 RESOLUTION NO. against the general credit or taxing powers of the City. 4. Approval and Execution of Documents The forms of Loan Agreement, Indenture, Bond Purchase Agreement, Guaranty, Mortgage, Assignment and Regulatory Agreement, referred to in paragraph 2, are approved. The Loan Agreement, Indenture, Regulatory Agreement and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Manager, or executed and attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof, and then shall be delivered to the Trustee. Modifications to the forms of Guaranty, Mortgage and Assignment may be made at the discretion of the parties thereto. 5. Approval. Execution and Delivery of Bonds The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount of not to exceed $4,700,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof, provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided fizrther that, in no event shall such maturities exceed 30 years or such rates of interest rates of interest produce a net interest cost not to exceed 7.25% per annum. The Underwriter has agreed, pursuant to the provisions of the Bond Purchase Agreement, and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and said purchase price is hereby accepted. The Mayor, City Manager and other City officers are authorized and directed to prepare and execute the bonds as prescribed in the Indenture and to deliver them to the Trustee, together with a certified copy of this Resolution and the other documents required by Section 2.02 of the Indenture, for authentication, registration and delivery to the Underwriter. As provided in this Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement The City hereby approves the form of and consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to the accuracy or completeness of such information. 7. Certificates. etc. The Mayor, City Manager and other officers of the City are authorized and directed to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified 4 RESOLUTION NO. copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 8. Authorization The City Manager and other officers of the City are authorized and directed to deliver a certified copy of this Bond Resolution to the County Auditor, together with such other information as the County Auditor may require, and obtain the certificate of the County Auditor as to entry of the Bonds on his bond register as and to the extent required by Section 475.63, Minnesota Statutes 9. Designation of Oualified Tax - Exempt Obligations In order to qualify the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: a. the Bonds are issued after August 7, 1986; b. the Bonds are not "private activity bonds" as defined in Section 141 of the Code treating "qualified 501(c)(3) bonds" as not being private activity bonds; c. the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; d. the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1996 will not exceed $10,000,000; and e. not more than $10,000,000 of obligations issued by the City during this calendar year 1996 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. Date Mayor 5 RESOLUTION NO. ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon the 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. 6 7.� a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A SUPPLEMENTAL DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF BROOKLYN CENTER, THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, AND PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. WHEREAS, the City of Brooklyn Center ( "City "), the Housing and Redevelopment Authority in and for the City of Brooklyn Center ( "HRA ") and Earle Brown Commons Partnership (the "Original Developer ") entered into a Contract for Private Development dated as of July 16, 1986 (the "Redevelopment Contract "), providing for development of a multifamily rental housing facility on certain property in the City (the "Property "); and WHEREAS, the Property is located in the Earle Brown Farm Redevelopment District (the "Project Area"; now part of a project area known as Housing Development and Redevelopment Project No. 1) and a tax increment financing district (the "TIF District "), all created under Minnesota Statutes Sections 469.001 to 469.047 and Sections 469.174 to 469.178 and predecessor statutes (collectively, the "Act "); and WHEREAS, the HRA and the Original Developer entered into an Assessment Agreement dated as of September 1, 1986 (the "Assessment Agreement "), which agreement was modified by Modification No. 1 to Assessment Agreement and Certification of Assessor dated as of June 29, 1995 (the "First Modification ") between the HRA and Earle Brown Commons Limited Partnership II (the "Successor Developer") as successor to the Original Developer; and WHEREAS, the HRA and the Original Developer entered into a Deficiency Agreement dated as of September 1, 1986 (the "Deficiency Agreement "), specifying certain minimum tax increments payable in connection with the Property; and WHEREAS, by Resolution No. 87 -170, the City has transferred control and authority regarding the Project Area and the TIF District from the HRA to the Economic Development Authority in and for the City of Brooklyn Center ( "EDA'); and WHEREAS, Presbyterian Homes Housing and Assisted Living, Inc. ("Presbyterian Homes "), proposes to acquire the Property from the Successor Developer, which acquisition will be financed through issuance by the City of its $4,700,000 Elderly Housing Revenue Bonds (Presbyterian Homes Housing and Assisted Living, Inc. Project), Series 1996 (the "Housing Bonds"); and WHEREAS, in connection with such acquisition and issuance of the Housing Bonds, the City has determined a need to enter into a Supplemental Development Agreement by and among RESOLUTION NO. the City, the ERA, the EDA and Presbyterian Homes (the "Supplemental Agreement"), which agreement is intended to supersede the Redevelopment Contract and the Deficiency Agreement; and WHEREAS, the City has reviewed the Supplemental Agreement and finds that the execution of the same and the City's performance of its obligations thereunder are in the best interest of the City and its residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The Supplemental Agreement as presented to the City Council is approved subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the Supplemental Agreement by such officials shall be conclusive evidence of their approval. 2. The Mayor and City Manager are hereby authorized to execute the Supplemental Agreement on behalf of the City and to carry out, on behalf of the City, the City's obligations thereunder. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon the 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. g0- MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Sharon Knutson, City Clerk DATE: February 8, 1996 SUBJECT: Mayoral Appointment of Commissioners to Serve on Housing Commission and Human Rights and Resources Commission In November 1995, the Housing Commission called for the automatic resignation of Maria Olek. Also, effective January 1, 1996, Vince Opat resigned from the Housing Commission. In November 1995, Susan Larsen Brown resigned from the Human Rights and Resources Commission. In December 1995, Julie Gillis (Eoloff) resigned from the Human Rights and Resources Commission. Notice of vacancy on both commissions was published in the Brooklyn Center Sun -Post on December 27, 1995. Notice was posted at City Hall and Community Center and aired on Cable Channel 37 from December 27, 1995, through January 25, 1996. Letters were sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancy and encouraging them to call the City Clerk if they were interested in obtaining an application and more information. Notices were also sent to all current advisory commission members. Attached for City Council members only are the applications received to date as follows: HOUSING COMMISSION Naomi Ische 7213 Kyle Avenue North Peggy Lynn 1912 55th Avenue North Rex Newman 3107 61 st Avenue North Jonathan Stein 1707 69th Avenue North, #334 Mark Yelich 6018 Beard Avenue North HUMAN RIGHTS AND RESOURCES COMMISSION Nancy Doucette 5949 Zenith Avenue North Charles Forrest 6813 Fremont Place North Bonnie Jude 6103 Xerxes Avenue North Jonathan Stein 1707 69th Avenue North, #334 Memorandum to Michael J. McCauley Page 2 February 8, 1996 Please note that Mr. Jonathan Stein had previously submitted an application for the No Hennepin Human Services Council Advisory Commission and has now included supplemental applications for both the Housing and Human Rights and Resources Commissions; however, his fi rst ch oice is the Housing Commission. Ms. Bonnie Jude had also previously submitted <an application for the Northwest Hennepin Human Services Council Advisory Commission; however she has not submitted supplemental applications for either'the Housing! or the Human Rights and Resources Co mrnissions Mayor Kragness has indicated her nominations as follows: -Housing Commission Naomi Ische, term to expire 12/31/96 Rex Newman, term to expire 12/31/96 -Human Rights and Resources Commission Charles Forrest, term to expire 12/31/98 Nancy Doucette, term to expire 12/31/96 Letters were sent to each applicant informing them that their application for appointment would be considered at the February 12, 1996, Council meeting and they were invited to attend. Attached are tables which indicate the geographical distribution of the current members of both the Housing Commission and the Human Rights and Resources Commission. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Recommended Council Action: -Appoint two members to serve on the Housing Commission, both terms expiring December 31, 1996. -Appoint two members to serve on the Human Rights and Resources Commission, one term to expire December 31, 1996; one term to expire December 31, 1998. Attachments City of Brooklyn Center Procedures for Filling Commission Vacancies Adopted by Council 3/27/95 The following process for filling commission vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk, 5. The City lerk shall forward ard copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; 7. The City Council, by majority vote, may approve an appointment at the City Council meeting at which the nominee is presented. City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Eight Members) Applicants and Current Members February 7, 1996 • }ti ?,} :4tiri- .'vti{:ti:C } } } } }; \tj 'vi:. \:ti ;;:ti;. } }; { }} }i:C it'i:ti }:} { }:G } ?'i: ?.tj }:�iititi{:i�ti•} vk: \::Cv::.v' -:vv• vii \•:ti•A'i•:t:+.; ...v }: n } :ji:2 : }l:ti Neighborhoods ::..:,.::..:'.:,:}}'.':<.;::, . >:.::::.::.<: >;:: } }: }:::.;:::< .........:..................:}:.::.::.......}>:...:':.':.:.:::.}...... ...........�. >:.:: Current Members • :i'?is4:S:i ?::iit { : iii \ii +: } t } } ' ;'•v + :ii : } + :::ti } ii::i ?i; } }: ^ %i:•f >{ :: :'.::: ;:v .L' +.�:JY� ti }:: 3:: vv: v }:v�v } } }:8r ti-:{: : }}n-0. S'v }} } } }ji. {' ?it:}i*} ^C�}} ?. L:.; ti•}i {• }.'•f• } }y �:;�:•: ?• } }{ Southeast ::{;:.{:;:::.}:}:>.::>:}.•:•}: <:;• }: >:n:<: > {:<.:. }:<t:. >:. >:: i� Todd Cannon }:.:...:.. { .:.:.:.:.:.:. } }. 2205 Brookview Drive Northeast Llo d Deuel .. ::.;_; }:v;: 1606 72nd Avenue North {: \;;. } : ::.� }:iii }' ',tih}X4 }:ti:t } }• {?w:: }: ::::::: ..•:t::� : } }• }:v: ull {:t \:;: tit: �: �::;:?: :} { y:;!;:•.:�:i:(ititi}i:% i :;i:? • ti: Y Gonyea �{j% ::} :: • y.}:}:}} v:.>. i: } : :t} 692 ' \`•�:?:viTiY= }:?� �'• } ?'•r.+'.•.l +ry ;}.}•. v:...• + } } }:.y• {.;{.;:. {�x : • {};::.v:;: :. tv }:�: {v }' ;ti >.• }::• }:: .: +< >:.: }.;:_:::::':;<: «: { 5 Humboldt Avenue North N orthwest gg�� ".:, �.}<?:<:;;.:::::;::;;}:::.} �} �:•; h>:;: �:�:: }::.<<.:t. +:. } }:. }::.: {.:; M Ernie Erickson r ;•. 3 }: :€ ":: 6800 Drew <.:. _ ...................:.. ' > }' »:w >: >.... w Avenue North West Central Jonathan Carter 4700 Eleanor Lane Robert Torres 4501 Winchester Lane Henry Yang 6207 Re ent Avenue North Central ........ -KI '•:{{ x ,r ' ?'4: -.•.:. :::4k•.v: n•v. vv ?4.: 4�Sv } vj i ;� • ': : isl{ v}:.'• + .}t: ^ •.; :.4 }:t ?v::::.. •:' }:v'vvt�'':' +. •{ ?i.' f: i::itY{ },}+'}}:.•: 1,•:^:{{?. v}} C{\ viv{ xvvxi ?- .:'td:.':v:nn:`�: ?y:;:;:�: :.} ? }: {:'t{`r�'• {:js :Q ?Y:i$:::iti �vv n;{v:•rv: {• + .�':'r', i4 i$i:• v .:'r' Southwest Two vacancies. City of Brooklyn Center Human Rights and Resources Commission Geographical Distribution (Chairperson and Eight Members) Applicants and Current Members February 7, 1996 Neighborhood ; z:«: , x k ;, f:.:.:.,...hv. }.,:},v:�,.,:. Current Members Southeast Sherry Maddox 5711 Knox Avenue North st Rhonda Br , o da aziel Northeast h o ea <` ? i # i 7224 Newton Avenue North <:v�. \:; {{:..r4,. \•.4n; }i: }:•i.�w: n }r {:. }}vx. }:•: v:• } �: •:v4:v v:� ?:i'liwCL r.;, viyr :•v{,Lj;: ?v;:r.•: }•::. }v} \y{ ::.: } { }i }:• } }v' i.: iv :: { ::4:J:• } }: :: }:'• }:. } < } } } }:: is Ljvry•{:}:{:. µ}\ 44::,:{}: 4i{j4} ::.,� {.;::{iv+vhl'i::::is •: {::. •: rr:::. }}:: v .., {} ; 4 . ..... } b f k \ ,; ' k' Dean Nyquist °' " " 7006 Dallas Road Northwest Sharon Achtelik 3213 Thurber Road West Central Charlotte Nesseth 4226 66th Avenue North Neng Yang 43 06 63 rd Avenue North Central ?. {.:. »: :;:;:} ?tii•' { ^:iv:' ?:tiff: {v:L: % :•• \ih:4 } }'• }i:: } }i: -0 }i::tij } i: ..v }: v}•.v •:::::::::::: `v:di r::: { :!:::{ ii:3C�tij r.'•.' ii +:ti4'a v v` x� v :::�ti�v iii % {:::rti;::1•::tt i { { ' } • ':i iiti�':i:� { } i7y {i'ti : r±nv:; �i�,wi:{; i }' },. :nti;_ki is :: :'•'•'v'::tiiiv'::kti : : ^;ice: {{: Southwest Wayde Lerbs 5107 E. Twin Lake Blvd. Two vacancies. 9b MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann FROM: Michael J. McCauley, City Manager DATE: February 8, 1996 LD SUBJECT: Set Date for Joint Meeting with Housing Commission for February 20 at 7 p.m. The Council requested a joint meeting with the Housing Commission to discuss point -of -sale ordinance. The next regularly scheduled meeting of the Housing Commission is Tuesday, February 20, 1996, at 7 p.m. It is recommended to set this date for the joint meeting. �c MEMORANDUM TO: Mayor Myrna Kragness Councilmember Kathleen Carmody Councilmember Debra IIilstrom Councilmember Kristen Mann FROM: Michael I McCauley, City Manager DATE: February 8, 1996 SUBJECT: Council Work Session I would request the Council schedule another work session. At this work session we would also have a short interaction with a delegation from the Charter Commission. In speaking with Mr. Willson, the Charter Commission would prefer to meet informally with the Council at a work session to discuss their concerns rather than appear on a regular Council meeting agenda. I also have several items that I would like to discuss with the Council, both to update you and receive direction. The off Monday remaining in February is President's Day, so I would suggest that we have a work session on Monday, March 4. g� MEMORANDUM TO: Mayor M Kr y Myrna agness Councilmember Kathleen Carmody Councilmember Debra Hilstrom Councilmember Kristen Mann FROM: Michael I McCauley, City Manager - DATE: February 8, 1996 SUBJECT: Street Light Policy As we have previously discussed, the public services department has been looking at an amendment to the street light policy. In my discussions with the department head, I have indicated that a complete analysis of the implications of any change in the street light policy that would have the City incur expense related to mid -block lighting needs be fully evaluated and the cost implications clearly set forth. At this point, the department has not done a complete financial analysis. The department head is asking for direction as to whether or not the Council is interested in considering a mid -block lighting proposal. Obviously adding mid -block lighting would be an additional capital expense as well as an additional operating expense. Any policy would, of course, have to address criteria that would be used in the event mid -block lighting was seen as desirable. I would, therefore, appreciate Council direction as to whether or not you even wish to have this matter explored further. MEMORANDUM O. Michael McCauley, City Manager FROM: Diane Spector, Director of Public Services SUBJ: Discussion Regarding Amending Street Lighting Policy DATE: February 7, 1996 As we proceed with the Neighborhood Street and Utility Improvement Program, there has been considerable interest on the part of neighborhoods to increase the amount of street lighting, for example adding more midblock street lights. The City's existing street light policy (attached) provides for a street light at every intersection; midblock street lights on streets or alleys which are greater than 700 feet in length (the average city block is 660 feet); and midblock lights that don't meet the distance specification, but which in the estimation of the Chief of Police or Director of Public Service would improve traffic or public safety. Our current policy calls for midblock lights on longer blocks to be installed by petition from the property owners on the street. We require that a majority of the property owners sign the petition for installation, and all four property owners adjacent to the proposed location of the street light sign. If a majority can't be gained, or if one of those four choose not to sign the petition, then the mid -block light is denied, unless staff believes there is a compelling public safety reason for installation. There are currently perhaps 15 -20 unlighted sites in the City which would be "eligible" for midblock lights under the current policy. Most of these are unlighted because the petition process failed. The City currently leases close to 1000 street lights from NSP. Many of these are in residential areas, generally 100 watt high pressure sodium lights on 25 -30 foot wooden poles, with a "cobrahead" type fixture (see attached diagrams of lighting types). It has been the City's practice over the past several years when constructing street improvements to purchase a somewhat more ornamental style of street light, and to include that cost within the project cost. These lights are generally rectilinear "shoebox" type fixtures on brown fiberglass poles. NSP continues to maintain the street lights, but at a reduced rate. During these projects, we have automatically installed midblock lights where they are "missing," and on blocks which are shorter than the policy's 700 feet but where property owners have submitted a petition. The current desire for additional street lighting stems mainly from the neighborhood's perception that this would increase safety. The Chief of Police is not aware of any studies or reports which show that increased street lighting has any impact on crime rates, however, additional lighting may make some people feel more secure. Page 2 As boulevard and front yard trees mature and grow, the foliage does reduce the illumination available from corner and house lights, and some neighborhoods do seem dark. Some residents comment that they hesitate even to walk to a neighbor's house a few doors from their house because it seems so dark. Midblock lighting would provide some additional illumination, especially if it were of the shorter, ornamental type which illuminates the area under the tree canopy. The shorter, ornamental type of lighting would have the added benefit of providing a visual amenity to the neighborhood (see attached illustrations of various types of ornamental lighting). It was this desire to improve the overall appearance of neighborhoods which led to the decision several years ago to begin purchasing replacement, more attractive lights for the intersections. If the Council wishes to consider more actively providing for ornamental midblock lighting, then the existing street light policy should be amended. Among the issues to be addressed in the policy should be: • costs, both short term and long term, and who should pay them; • standards of installation, that is minimum distances between lights; • consistency of installation, that is during an improvement project would all blocks be automatically fitted with midblock lights, or only those locations where residents request a light; • circumstances of installation, that is will a petition always be required, never required, etc.; and • times of installation, that is will a midblock light that doesn't meet current minimum standards only be installed as a part of an improvement project. Cost Issues The cost issues can be broken down into two areas: costs associated with the current practice of purchasing more attractive intersection lighting; and costs associated with possibly expanding service to provide for additional midblock street lighting. Current Practice Obviously, there is a cost associated with purchasing a street light. For most projects, the cost of purchasing lights would be very small compared to the overall cost of the project. However, there is the capitalization cost of paying for those lights over the ten years that project costs are amortized. From an operating standpoint, NSP's charge to maintain lights is less per month when the City purchases the light up front, because it then does not have to amortize the purchase cost. For example, NSP's lease charges are $8.85 per month for a standard residential street light served by an overhead wire and $14.75 per month for underground; and $19.20 for an ornamental light. The charge per month for a purchased ornamental light served by an underground wire is $5.45. NSP provides the same level of service to the lights the City Page 3 purchases upfront as to the regular leased lights, that is repair or replacement of bulbs, ballasts, lenses, poles, etc., and energy. Over the twenty -five year average useful life of a lighting fixture, it is more cost effective to purchase the light, amortize it, and pay a lower operating cost per month. Adding Ornamental Mid -block Lights Amending the City's street light policy to add new mid -block lighting in a more comprehensive way would be a new level of service provided by the City. In this case, an additional level of street lighting would be added, one that is above and beyond what is traditionally provided. Here are some examples of how some cities handle this issue: A. Some cities do not and would not consider offering midblock lighting except on long blocks or blocks with curves or other traffic safety requirements. B. Some cities have defined certain areas of the City where additional mid -block lighting is acceptable and where the general fund pays the cost of operating the lighting. C. Most commonly, some cities allow mid -block lighting, but require that benefitting neighborhoods pay the additional costs either by an additional charge on their utility bills, through special assessments, or by direct contract with the electric utility. Alternative A has minimal budget impact. Alternative B, depending on how it is handled, might have minimal or substantial impact. To have minimal impact, a street light utility could be established to directly charge the additional cost of the midblock lights to the property owners in those defined areas of the City. Alternative C is similar to B except that specific areas are not predefined. These additional charges are determined sometimes on an individual block basis. The advantage of "C" over `B" is that not everyone in a neighborhood might desire an additional charge for mid -block lighting, and this approach would allow for choice. The advantage of `B" over "C" is that it provides for a consistent look in a neighborhood, and is easier to administer. For a neighborhood such as Orchard Lane East, the quarterly charge to pay the operating and amortization cost of the lighting would be somewhere around $5 -10 per quarter, depending on how "benefitting properties" is defined. Some cities define it as only those properties within 200 feet of a mid -block light. However, if a neighborhood approach is used, and everyone is charged, then the additional cost would be on the lower end. Other Issues Page 4 The following are offered as possible standards for an amended street light policy. 1) Standards for installation of midblock lighting in areas not currently being considered for neighborhood street improvements would remain unchanged. 2) In areas being considered for neighborhood street improvements: A. Existing intersection or midblock lighting would be replaced with a rectilinear light on a fiberglass pole. The light would be purchased by the City, with Group V (full service) maintenance provided by NSP. Service charges, provided the lights were in accordance with standard specifications, would be paid through the operating budget. B. Additional mid -block lighting could be installed on blocks of less than 700 feet in length by petition of at least 51 percent of the property owners. Installation and operating costs would be paid by the affected property owners. C. Minimum street light spacing on residential streets would be 250 feet. 3 The type of mid -block lighting should be consistent within a neighborhood. 4) If a "neighborhood" approach is used, then mid - block, ornamental street lighting would only be added at the time of or as a follow up to a street improvement project. Recommendation The Council may desire time to reflect on the idea of installation of ornamental midblock street lighting. If the Council is uncomfortable making this decision prior to considering 1996 neighborhood street improvement projects, I recommend the following strategy: 1) Continue the practice of replacing intersection and existing midblock lights with purchased rectilinear lights. 2) If the council is interested in considering midblock lighting, and feels comfortable making that decision at this time, then consider amending the existing street lighting policy, discuss and decide which type of program or option to offer, and direct staff to draft a new policy to return for approval. 3) If the Council is interested in considering midblock lighting, but is not comfortable making such a policy change at this time, direct staff to return to the Council later in the spring with a more extensive report addressing Council's specific concerns. If at that time the Council decides to go ahead with the policy change, it could still be implemented with 1996 projects if so desired, or it could wait until 1997. May 1991 CITY OF BROOKLYN CENTER, MINNESOTA STREET AND ALLEY LIGHTING POLICY WHEREAS, the City's Administrative Traffic Committee has recommended amending the City's street lighting policy to allow for installation of street lights in City alleys, the following shall constitute the policy for installation of street and alley lights in the City of Brooklyn Center: 1. A street light shall be installed at every intersection open for traffic within the City. On any streets with a curb -to -curb width in excess of 52 feet, and where there is normally a significant amount of pedestrian traffic, two street lights may be installed at each intersection. 2. Mid -block street or alley lights may be installed in any block in which the centerline to centerline distance between cross streets is greater than 700 feet, upon receipt of a petition signed by a majority of the residents on the block, including the signatures of . the residents adjacent to the specific location where such mid -block light is requested. In such instances, additional street or alley lights shall be installed so that the distance between street lights does not exceed 700 feet. 3. Additional street or alley lights will be considered for individual approval upon receipt of a petition from the property owners in the affected area, or upon recommendation from the Chief of Police or from the Director of Public Works when such petition or recommendation demonstrates a specific warrant affecting traffic safety or public safety. 4. The type of lights installed under the rovisions o p f the above three paragraphs shall be as follows: a. If the electrical distribution system within the area is overhead, the light shall consist of a steel mast arm and luminaire mounted on a conventional wood pole with overhead electrical service. b. If the electrical distribution system within the area is underground, the light shall consist of a steel mast arm and luminaire mounted on a conventional wood pole with underground electrical service. STREET AND ALLEY LIGHTING POLICY (continued) s c. The size of luminaires to be installed shall be as follows: High Pressure Sodium On collector and arterial streets 250 watt On local streets, at marked crosswalks 150 watt On local streets, where no marked 100 watt crosswalks exist, and in alleys 5. All street and alley lighting requests and installations should be coordinated through the Director of Public Works. Approved J 4 : PP by: City Manager MP Street and Area Lighting Service for Commercial or Residential Areas Square Shoebox Light or Designer Series Acorn Style and Round Franklin Twin Acorn Style Standard Cobrahead Rectilinear Light + ' • Poles available in 20 -foot or � 1L' • Poles available in fiberglass or ' ;" •Poles available in 25 foot or taller aluminum or fiberglass. 3' g 7>w; • Poles available in 25 -foo[ or i x gl aluminum with an optional two- fixture 7 7r pSy taller wood, aluminum " + • Lamps are 150 or 250 watt cross arm. 3 �x f �w taller aluminum, wood i • t or fiberglass. k�a or fiberglass. � high- pressure sodium (HPS). w • Lamps are 70, 100 or 150 watt HPS. } x • Lamps are 100, 150, 250 or 4. > f' P # Lamps are 100, 150 or •Two- fixture options are available. a. _ • Also available in a high-performance �• 400 watt HPS" P t v. 250 watt HPS. l •Practical for both commercial `+ globe version. • Available with a drop or f •Available with various mast and residential areas. }" n , • Typically used for commercial and F f "* " cutoff lens. arm lengths and a drop or t = > Y ` r •Base mounted or direct buried, as r � residential areas. •Base mounted or direct buried. `"�i cutoff lens. • Group V Rate service. r�r~ A • Base mounted or direct buried. + • Group V Rate or leased service. ' ' a? •Base mounted or direct buried. • Group V Rate service. Group V Rate or leased service. Designer Series Lantern Style Traditional Style Customer Maintenance Service Product Matrix • Poles available in fiberglass or �e4 • Poles available in fiberglass. aluminum with a one -or two- Lamps are 70, 100 or 150 watt HPS. Full Service Fixture Service Partial Service fixture cross arm option. ` { Leased Group V Group Group Group Group Y • Good choice for residential and Level of Service (NSP • Lamps are 100 or 150 watt HPS., recreational areas. (Customer or I II III N t. owned) NSP owned) (Customer owned) • Facture available with or with- Direct buried. out the decorative spikes. r3 NSP Owned • • a i } • Group V Rate or leased service. • Popular in residential areas. NSP Installed • • •Base mounted. t ' Customer Owned • • • • • 6 �r Group V Rate service. Customer Installed • es 4 F i „ F , . *9 • • • • Service includes: • Bulb Replacement • • • • • ■ • • • Designer Series Colonial and Vernon Eden Style • Glassware cleaning • • ■ • Photocell Replacement • • • • • Poles available in fiberglass t ti:� ;s; ^' • Aluminum poles, • Glassware/Ballast or aluminum. t" »t • Lamps are 70 and 100 watt HPS. Replacement: • • • ■ • ■ •Lamps are 70, 100 or Good choice for communities. •Material • • • ■ ■ 150 watt HPS. y., • Labor • • • ■ • ■ Base mounted. . • Good choice for residential and f. Damaged fixture • • ■ ■ ■ ■ y ■ y • Group V Rate service, Replacement recreational areas. H 0 r Damaged Pole • ■ ■ ■ ■ • Base mounted or direct buried. s e Replacement • Group V Rate service. °u 1 r +, Damaged Wiring Repair • • ■ ■ ■ ■ r , ■ Customer -owned special project: call Duane Engler at 349 -4116 or Charlie Stoltz at 349 -4120. • MEMORANDUM DATE: February 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 0 SUBJECT: Staff Report Regarding Proposed Signal System at 69th and Humboldt Avenues North At the January 22, 1996 City Council meeting, the Council received the Engineer's Feasibility Report and scheduled a public hearing for City Improvement Project 1995 -05, 69th Avenue North from Shingle Creek Parkway to Dupont Avenue North. The public hearing has been scheduled for February 26, 1996. The feasibility report included information regarding the possibility of a traffic signal at the intersection of 69th Avenue North and Humboldt Avenue North. As mentioned in the report, traffic counts have suggested that a signal may be warranted at this intersection. Since January 22, more information and data have been gathered to address this issue more clearly and assist the Council in making a decision. Enclosed is a report from the Traffic Engineering Department at SEH, Inc., the consultant • commissioned by the City to prepare design recommendations for this project ( Exhibit 1). The report outlines in thorough technical detail the many warrants and considerations utilized in determining whether or not a signal should be installed. In summary, the report states that because only some of the many warrants are met, and even then at a minimal amount, the signal is possible but not recommended at this time. In addition, an accident history study and inquiry with the Public Safety Department has been conducted. Information obtained does not provide enough conclusive evidence that this intersection has a significant safety problem history; particularly when considering the amount of traffic that travels through this intersection on a daily basis. SEH's report concludes that "it is recommended that a traffic signal not be installed at the 69th Avenue /Humboldt Avenue intersection at this time. However, to facilitate the future installation of a traffic signal, the conduit required to install a signal system should be installed beneath the pavement at the time of the roadway reconstruction. In future years, when traffic volume warrants are more substantially met at this intersection, the roadway will not have to be disturbed to install a traffic signal system." Because projected traffic volumes are not expected to increase significantly, it may be several years before a signal is recommended at this intersection. Staff agrees with SEH's recommendation that the installation of traffic signals not be considered as part of the improvement project (1995 -05), but that the conduit be installed to facilitate future installation. At the January 22 meeting, the Council had directed staff to notify residents on Humboldt Avenue of the hearing and discussion of possible signals. Unless the Council desires further discussion of the issue, we recommend that only those properties immediately adjacent to or proposed to be assessed for said improvements be directly notified by mail of the public hearing. F: \ PFOJECrS \SROOKCTR \9602\ REPORTS\ PARTRPT.122 REVIEW AND APPROVE Intersection Control Within the project limits, 69th Avenue is assigned the traffic right -of -way through the installation of stop signs on the intersecting streets at all intersections, except at Humboldt Avenue where the intersection is controlled by stop signs on all approaches. Turning movement traffic counts were taken at the intersection of 69th Avenue with Humboldt Avenue and with Dupont Avenue. These counts were taken to determine whether or not the existing intersection control is appropriate or whether the installation of traffic signals should be considered. The Minnesota Manual on Uniform Traffic Control Devices (MNNTCD) has warrants which should be met prior to the installation of a traffic signal. The most commonly used signal warrants relate to traffic volume. A signal can be warranted at an intersection based on the peak hour traffic volume, a four hour traffic volume or eight hours of traffic volume as described below. Warrant 1- Minimum Vehicular Volume This warrant considers the side street traffic to be the prime reason for the installation of the traffic signal. The volume requirements in this warrant are required to be met for eight hours. Warrant 2 - Interruption of Continuous Traffic This warrant considers that the main street traffic is so heavy that the side street traffic incurs excessive delays. This warrant also has to be met for eight hours out of the day. • Warrant 8 - Combination of Warrants This warrant considers the fact that Warrants 1 and 2 may nearly be met so, therefore, requires that Warrants 1 and 2 both be met to 80% of their volume requirements. Warrant 9 - Four hour Volumes This warrant is intended to deal with intersections which have greater traffic peaking characteristics and, therefore, could benefit during those busy times by the installation of a traffic signal. As indicated by this warrant's title, it is required to be met for four hours. Warrant 11- Peak Flour Volume As with the four hour warrant, this warrant is intended to satisfy those locations where the peak hour traffic at an intersection is significantly heavy creating undue traffic delay for the cross -street traffic. This warrant is required to be met for one hour. It is generally desirable to install a signal when it meets the eight hour signal warrants. By meeting a signal warrant for eight hours, the signal is necessary for the majority of driving hours during the day and will operate the intersection in an efficient manner for a significant part of the day. The intersection of 69th Avenue and Dupont Avenue does not currently meet any of the traffic volume warrants to justify the installation of a traffic signal. Projecting the traffic volumes at this intersection for a 3% growth per year for the next 20 years still finds this intersection not justifying EXHIBIT 1 the installation of a traffic signal. With the 20 year forecast, this intersection would meet Warrant • 1 for four hours and Warrant 9 for three hours The intersection of 69th Avenue and Humboldt Avenue currently meets Warrant 1 for six hours, Warrant S for five hours, Warrant 9 for two hours and Warrant 11 is met for one hour. Because the peak hour warrant is met for the required one hour and Warrant 1 is met for six of the required eight hours, a case could be made to install a signal at this intersection at this time. Projecting the traffic volumes at this intersection at a 3% growth rate per year for five years finds that Warrant 1 is essentially met at that time, being only 10 vehicles short of the required volume for 69th Avenue during one of the eight hours. Warrant 9 is then met for three of the required four hours, and the peak hour warrant is projected to be met for two hours. Based on presently meeting only the peak hour warrant and the five year projections showing better warrant compliance, we recommend that a traffic signal not be installed at the 69th Avenue /Humboldt Avenue intersection at this time. However, to facilitate the future installation of a traffic signal, the conduit required to install a signal system should be installed beneath the pavement at the time of the roadway reconstruction. In future years, when traffic volume warrants are more substantially met at this intersection, the roadway will not have to be disturbed to install a traffic signal system. Traffic Control The reconstruction of the bridge over Shingle Creek will require the closing of 69th Avenue to • through traffic. In addition, the existing and proposed two lane roadway do not provide an easy opportunity to reconstruct the roadway under traffic. To reconstruct the roadway under traffic would require costly, temporary widening. However, there are areas of the project that do need access. These are the existing homes on the north side of 69th Avenue west of Humboldt Avenue and access to Fremont Place on the south side of 64th Avenue east of Humboldt Avenue. Also to facilitate traffic flow in this area, the Humboldt Avenue and Dupont Avenue crossings of 69th Avenue should be kept open to traffic. Therefore, for the 69th Avenue traffic control and construction access, we recommend the following: • The Humboldt Avenue crossing of 69th Avenue be kept open to traffic. • The Dupont Avenue crossing of 69th Avenue be kept open to traffic. • Access be maintained to Fremont Place. • Access be maintained to the homes on the north side of 69th Avenue. . Close 69th Avenue to through traffic. • Establish a detour for 69th Avenue using Shingle Creek Parkway and Freeway Boulevard. For traffic flow purposes, there does not appear to be any advantage to restricting the reconstruction of 69th Avenue to sections of the roadway. The only advantage to such a restriction may be to minimize the time of disruption directly abutting the existing properties and homes. • EXHIBIT 1 Y • MEMORANDUM DATE: January 29, 1996 TO: Michael McCauley, City Manager FROM: Jim Glasoe, Public Services Coordinator t � 1 SUBJECT: Resolution Designating Bob Cahlander Park As a part of the "Park and Ride" pond, and park project at the intersection of Interstate 694 and Brooklyn Boulevard, a new city park was created. The Parks and Recreation Commission during the past year has been actively soliciting and studying potential names of the park. At their January meeting, the Parks and Recreation Commission once again took up the issue of naming the park. Their original plan called for area elementary schools to submit names, with the winning ubmission to et free swimming at the Community enter for 350 students. g C get tY However, as of the meeting date no submissions were received. • As a result, the Commission considered the possibility of naming the park after former Supervisor of Streets and Parks Bob Cahlander, who recently retired after nearly 41 years of service with the city. After little discussion, a motion was unanimously approved recommending to the City Council that this new park be named "Bob Cahlander Park." The Commission felt that this naming was appropriate given Bob's service to the community. A few years ago, the Arboretum was renamed the "Eugene Hagel Arboretum" to honor the city's former Parks and Recreation Director. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING BOB CAHLANDER PARK WHEREAS, a new city park has been developed as a part of the "Park and Ride" project at the intersection of Interstate 694 and Brooklyn Boulevard; and WHEREAS, the Parks and Recreation Commission has solicited and studied potential names; and WHEREAS, the Parks and Recreation Commission unanimously approved a motion recommending to the City Council that the new park be named Bob Cahlander Park, after our former Supervisor of Streets and Parks who recently retired after forty one years of service with the city; and WHEREAS, the Commission feels this naming is appropriate given Mr. Cahlander's service to the community. NOW, THEREFORE BE IT RESOLVED b the City Council y y Co nc of the City of Brooklyn Center, Minnesota that: • The new ar ad' p k adjacent to the Park and Ride lot at the intersection of Interstate 694 and Brooklyn Boulevard is hereby named Bob Cahlander Park. Date Myrna Kragness, 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. Bob Cahlander Park .0 a a �n Ave s mm v i • MEMORANDUM DATE: February 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer ineer SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 1994 -03 and 04, 57th Avenue, Humboldt to Camden Avenues North, Street and Storm Drainage Improvements, and 1996 -06, 07, and 08, Logan, James, and Knox Avenues, Street, Utility, and Storm Drainage Improvements A feasibility report and preliminary design have been completed for the above referenced project. The report was prepared in accordance with direction previously provided by the City Council. 57th Avenue was previously presented to the City Council in 1994, but was tabled, for among other reasons, the completion of further drainage studies for this particular area of the City. On August 14, 1995, the Council authorized the establishment of the Logan, James, and Knox street and utility improvement projects, along with reconsideration of 57th Avenue. As part of the establishment of these projects, the consulting firm of SEH, Inc. was commissioned to provide preliminary survey and • design work to assist in determining the feasibility of the project. The proposed improvements generally provides for street reconstruction and utility upgrades for all streets designated within the project area. The attached feasibility report provides a more detailed description of the actual work proposed, the estimated costs, and desired schedule. If this project is approved, it is anticipated that the improvements would be completed during the 1996 construction season. An assessment hearing is proposed to be scheduled in the fall of 1996. It is recommended that the City Council approve the attached resolution receiving the Engineer's Feasibility Report, and to schedule a public hearing to consider approval of the project on March 11, 1996. NOTE: The attached feasibility report is a draft v r ty p e Sion, endin completion of proposed assessment P g P P P tabulations. A complete final report with all figures will be available on 2 -9 -95. Q Member introduced the following resolution and moved • its adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 1994 -03 and 04, 57TH AVENUE, HUMBOLDT TO CAMDEN AVENUES NORTH, STREET AND STORM DRAINAGE IMPROVEMENTS, AND 1996 -06, 07, AND 08, LOGAN, JAMES, AND KNOX AVENUES, STREET, UTILITY, AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the City Council has previously directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities on 57th Avenue between Humboldt and Camden, and areas comprising segments of James, Logan, and Knox Avenues; and WHEREAS, the City Engineer has prepared said report, and recommends that the proposed improvements be considered; and WHEREAS, the City Council has received said feasibility report; and • WHEREAS, costs have been estimated for these proposed street and storm sewer improvements; and WHEREAS, it is proposed to assess a portion of the cost of street improvements against all properties within the project area; and a portion of the storm sewer improvements within designated sections of the ro'ect area; and P J , WHEREAS, the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM SEWER IMPROVEMENT 1994 -03, 1996 -06 1994 -04, 1996 -07 Special Assessments $XXX,XXX $XXX,XXX NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • W4YYq • RESOLUTION NO. 1. A public hearing shall be held on the 11th day of March, 1996, in the City Hall Council Chambers at 7:00 p.m., or as soon thereafter as the matter may be heard to hear and pass upon said improvement projects at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total improvement costs. 3. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. • 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. • Y 3[ City of Brooklyn Center • A great place to start. A great place to stay. 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 569-3340 FAX: 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR JAMES AVE. N. AND KNOX AVE. N.(55TH AVE. N. TO 57TH AVE. N.) LOGAN AVENUE NORTH (53RD AVE. N. TO 57TH AVE. N.) 55TH AVE. N. AND 56TH AVE. N. (LOGAN AVE. N. TO JAMES AVE. N.) AND 57th AVENUE NORTH (LOGAN AVE. N. TO CAMDEN AVE. N.) IMPROVEMENT PROJECT NOS. 1996 -06 07 & 08 and 1994 -03, 04 FEBRUARY, 1996 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota • Reg. No. 17657 Scott Brink City Engineer February 5, 1996 OVERVIEW V These proposed projects include roadway and utility improvements for the following streets: • 57th Avenue N. between Humboldt Ave.N. and Camden Ave.N., Logan Avenue N. between 53rd Ave.N. and 57th Ave.N., James Avenue N. and Knox Avenue N. between 55th Ave. N. and 57th Ave. N., and 55th Avenue N. and 56th Ave. N. between Logan Ave. N. and James Ave. N., more specifically all public streets as shown in Figure 1. This report was prepared in accordance with previous direction of the City Council on August 14, 1995. On January 29, 1996, a public information meeting was conducted. A previous project update was presented to the City Council on January 4, 1996. PROPOSED IMPROVEMENTS STREETS Improvement Project 1996 -06, 1994 -03 (see Figure 1) All of the streets in the proposed project area are classified as local residential streets, with the exception of 57th Avenue North and Logan Avenue North, which are designated as collector streets. All streets were constructed in the early 1950's or earlier, and public utilities were constructed along with the streets in most locations. These streets are among the oldest in the City. All of the existing streets are very flat, without curbs and gutters. On average, the • residential streets are 30 feet wide, with a pavement thickness of 1.5 to 3.0 inches. These streets are now showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that it is no longer cost- effective to routinely maintain these streets (i.e., patch and seal coat). Complete reconstruction is recommended. It is proposed to reconstruct the residential streets as two lane roadways measuring 30 feet in width with a structural capacity for the current volume and vehicle distribution. Concrete curb and gutter and driveway aprons would be installed as part of the improvement. On- street parking would continue to be allowed in accordance with the City's parking ordinances. The collector streets (57th Ave. N. and Logan Ave. N.) are designated as State Aid collector streets and would be constructed to State Aid standards as established by Mn/Dot. These standards include concrete curb and gutter, and adequate base and pavement thicknesses to provide for the heavier amounts of traffic carried by collector streets. 57th Avenue North would be reconstructed to approximately the same width (38 feet), with parking allowed on both sides. Logan Avenue North would be widened from 32 feet to 34 feet wide to allow for parking on one side of the roadway and accommodate the heavier traffic flows. Surveys returned from residents regarding the installation of additional street lights(mid- block) have been mixed, although a majority appear to favor adding more lights. The cost • estimates in this report have not included any additional amounts for lighting. The cost for any additional lighting would depend upon the overall amount of lighting that may eventually Feasibility Report Logan, James, Knox, 57th Page I ro be desired by residents, but would likely range from $35,000 to $50, D 1 , An amount of $15,000 has been considered for replacing boulevard damaged and /or removed • as a result of the construction. STORM DRAINAGE Improvement Project 1996- 07(see Figure 2) Hydraulic studies performed for the entire southeast area of the City have determined that the existing storm drainage system is inadequate. The storm sewer system currently serving this area is either under sized or non existent. In addition, the flat streets and lack of grades and curb and gutter often inhibit storm drainage from reaching the storm sewer system. Storm sewer was originally installed on a per development basis and is not only deficient for these particular streets, but the surrounding area as well. Therefore, storm sewer design for this particular improvement has not only considered the proposed reconstruct streets, but neighborhoods beyond the improvement area that will be considered for future improvement projects as well. Figure 2 shows a preliminary concept for storm drainage improvements. Essentially, this concept provides for installation of additional storm sewers to provide additional pick -up points throughout the neighborhood, thereby allowing streets to be regraded to provide more positive drainage. Future storm sewer improvements are also shown in Figure 2. It should be noted that additional storm drainage improvements beyond the project area must • ultimately be completed in order for the drainage improvements proposed in this project to perform to their full effectiveness. These additional improvements would include the construction of a trunk storm sewer running easterly from James Avenue to I -94, and crossing beneath I -94 to an existing system east of the freeway. A future modification and connection at 57th Avenue and Camden Avenue will also be needed. These proposed improvements do not necessarily need to be completed at this time, but should be completed as soon as reasonably possible to facilitate complete and effective drainage for the James, Logan, Knox improvements, as well as future improvements in the southeast area of the City. As previously stated, storm sewer proposed for 55th Avenue N. east of James Avenue has not been included as part of this project, but must ultimately be completed at a later date. Therefore, the estimated costs provided are for storm drainage improvements for the proposed street improvements only, and are detailed further in this report. SANITARY SEWERS Improvement Project 1996 -08 (see Figure 3) All sanitary sewers in the project area are 8 inch diameter clay pipe, installed in the early to mid 1950's. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of ground water infiltration. It would not be cost - effective to • eliminate this infiltration if the pipe itself were in good condition. However, while there are no capacity problems, city maintenance records, along with a televised inspection of all Feasibility Report Logan, James, Knox, 57th Page 2 D � sewers in this area document a significant tree root infiltration pro a defects in the sewer mains. Because the streets would already be f roadway nd storm drain improvements, y g unpr menu, this would be the most feasible and opportune time to replace the sewer mains. Costs for the replacement of the majority of sewer mains have therefore been included within the cost of this project. This procedure would be consistent with the improvements and replacements completed in 1994 on Knox Ave. N. and James Ave. N. from 53rd Ave. N. to 55th Ave. N. It is estimated that a large percentage of the sanitary sewer services would be replaced with the new sanitary sewer installation, due to severe root infiltration and structural defects. Additional information regarding sewer problems was received from property owners during the public participation process. Based on that information and additional review of other available information, final recommendations will be made during the final design process and project cost estimates will be revised accordingly. WATER MAINS Improvement Project 1 - i p � 996 08 (see Figure 3) Water mains in the project area are predominantly 6 inch cast -iron pipe, which was the standard for water main construction during that period. Public Utility personnel have experienced some amount of breaks and problems in this area. Because of the replacements and repairs proposed for the sanitary sewer mains, most of the water main and services will conflict with the sewer operations. During the 1994 improvements to James Ave. N. and Knox Ave. N. 53rd to 55th it was found that p ( )� complete replacement of the water mains was less expensive long term than performing expensive individual spot repairs and service adjustments, as well as risking future main repairs on the older cast iron pipe. It is therefore recommended that all 6 inch cast iron water main be replaced along with the sanitary sewer on all streets that carry both mains. This would include all segments of Logan, James, and Knox Avenues. Water and sanitary sewer repairs on 57th Avenue N. would be confined only at locations where the utilities cross the roadway at cross street intersections. All new water main pipe installed as part of this project would be constructed of Ductile Iron Pipe with added corrosion protection. ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 4) Costs and Funding for Street Improvements, Project No 1996 -06, 1994 -03, 04 The estimated cost for roadway improvements for all streets in this project area is $905,817. As previously stated in the report, this figure does not include any additional amounts for street lighting. Because Logan Avenue North and 57th Avenue North are designated as State Aid collector streets, State Aid funding would be available for roadway reconstruction, street lighting, and a majority of the storm sewer improvements. Sanitary sewer and water main improvements are not eligible for State Aid reimbursement, and would be funded from the appropriate utility fund. A complete and detailed breakdown of the improvement costs is provided • further in this report. Feasibility Report Logan, James, Knox, 57th Page 3 D It is proposed to levy special assessments for street improvements in ac e recommendations approved by the City Council on January 22, 1996. recommendations established a standard 1996 residential street assessment rate of $1,850 per residential property. This rate would be assessed to all benefitted properties adjacent to the roadway improvements. Commercial and multi - family residential property is proposed to be assessed at the rate of $0.23 per square foot, for frontage at a depth to 200 feet. On this basis it is estimated that special assessments totaling $ would be levied for street improvements. Since this would represent about percent of the estimated total costs for street improvements, these improvements can be processed and completed in compliance with Minnesota Statutes Chapter 429 which provides that, if special assessments in an amount totaling at least 20% of the project costs are levied against benefitted properties, then a portion or all of the project costs can be financed by the sale of a bond issue without a referendum. Based on current City policy, all project costs would be included in a bond issue, with the City's general tax levy paying the portion of the roadway improvement costs not recovered by special assessments. Costs and Funding for Storm Drainage System Improvements,Project No 1996 -07 The estimated cost for storm drainage improvements within the project area is $684,082. It is proposed to levy special assessments for storm drainage improvements in accordance with recommendations presented to the City Council on January 22, 1996, which provides that a certain percentage of the cost of such improvements shall be specially assessed to benefitting properties. $ of the estimated cost for storm sewer includes the trunk line on • 57th Avenue and storm sewer on Logan Avenue. These facilities would be paid out of a combination of local assessments and the Storm Drainage Utility Fund as regional improvements. Application of this policy to all properties benefitted by these improvements will result in estimated special assessments of $ per single family residential unit. The total cost to be assessed would be $ . The remainder of storm sewer costs would be paid from a combination of Municipal State Aid and Storm Water Utility funds. Costs and Funding for Sanitary Sewer and Water Main Improvements, Project No 1996 -03 The estimated cost of sanitary sewer repairs and replacements is $236,599, and the estimated costs for water main repair and replacements is $323,539. As previously noted, these cost estimates are preliminary at this time. However, all such costs would be funded by their respective Utility funds, in accordance with established policy for such improvements. Project Cost Costs Roadway (Street) Improvements $905,817 Storm Sewer $684,082 • Utilities ater and Sanitary ry Sewer) $560,138 Feasibility Report Logan, James, Knox, 57th Page 4 Sub Total $2,150,038 Q Consultant and Staff Engineering (15 %) • Legal, Administration (5%) Estimated Total Cost Revenues Municipal State Aid Local State Aid Water Utility Sewer Utility Special Assessments - Street Special Assessments - Drainage Storm Water Utility Estimated Total Revenues • Recommended 1996 Project Schedule February 12 City Council receives feasibility report and calls for public hearing March 11 Public Hearing, City Council may authorize the project and order preparation of plans and specifications April 8 Approve plans and specifications, authorize Ad for Bids April 17 First date of advertisements in Post and Construction Bulletin May 8 Bid opening May 13 City Council awards contract May 23 Preconstruction conference May 28 Start construction September 9 Special Assessment Hearing October 25 Substantial completion Feasibility Report Logan, James, Knox, 57th Page 5 Feasibility Statement The improvements described herein are feasible under the conditi a costs estimated in this report. Scott Brink City Engineer Reg. No. 17657 • Feasibility Report Logan, b' James Knox 57th Page 6 �.�■ ■'� __ __ M _ __'_ m WW __ _.' A ,f� - � �.�� •��•� __ Fib S1�A __ ww �■■ � � � = .� ww ww ■wi■ i■ ■ � �� I ME No / _ ■_ __ i5ut __ ■■ ■ ■ _i ! am== m -- - w_ __ __ _ __ __ __ ■ �. •':�:: ,.�..V._ __ __ . __ __ _. RON M E no WE mm _ _ _ _o " me ■ _ __ _ ♦♦ �11�� _ _ _ _■ .. mm _w ® _ _ N mm ♦ ♦, ♦�'� ��♦ ■ GJ ■: ELI E ■p .� �_ __ / mm �■■ __ __ __ -_ SO WE OR m O mm mm mm m M M 1111' IIIII�1i S O w ® ■1� ■� ■� ■� ■■ ll�r� 111 - -_ ■ - - - - - -� 1�� 111■ � � __ __ ■�� _ _ _ - _ _ ■ � �� ► � ► ■ 111 NINE BE �I i�w ■I w �- = = =-- __ ■ ■�■ 1 ME M m ISO i 11 - N L �GURE Zi 1 I �N AYE 104 • — _ ; ; -- LOG_AN AVE_ NJ'<_ I AVE N _ - - - = -- -' _- _ K N_ OX ! AVE - I " — ,AVE — — ` J AM S - -- -f -_ �_ , JAMES -?-- YE N - -! - __ AVE -- _� _' !" 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KNOX AVE J AMES AVE� N j 7 L K A EI Y; � t!E$ AVE N • I =R lNG ;AVE! 1AV[ A VE L L ; --- N VJNG AVE N j 1 ) HUMBOLDT OT AVE N L -L HUMBOL AVE - 7 'f --nL- qLq AVE I :G T AVE RIRARO AVE N T7 L - - izlAPO AlE u j j Ef F` R -4 T AY - AVE N :77-' t T! -'- ER.S.ONi.-AY _LMERSON AVE N --E AVE N _- L Lt. i `DQP—QNT--AY-�� T �I!VE OUPONT AVE N COLFAX AVE m A --------- iCOLF-AX J- COLFAX AV 1. L_N j 4- J 1 T 7" LL YT AVE i7 1 7 AVE N J L.L L IU L; Lll CAMDEN AVE icA. - EN: V LM F- r AVE N Ll L -j + _J 1. - _ ;��; ' � �- i - � . -� = . _ - _ -� - WATERMAIN u SANITARY SEWEF JAMES, LOGAN9 KNOX, & 57TH AVE FILE NO. BROOKLYN CENTER9 MINNESOTA ABROCT9604 Dwl SANITARY SEWER & WATERMAIN h • MEMORANDUM DATE: February 5, 1996 TO: Michael McCauley, City Manager FROM: Scott Brink, City Engineer 0 SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, and Authorizing Development of a Cooperative Agreement Regarding Improvement Project No. 1996 -10, 53rd Avenue, Xerxes to Vincent, and Xerxes Avenue, 49th to 53rd In the fall of 1995, Minneapolis officials notified Brooklyn Center that street reconstruction improvements for the northwest part of their City were being considered for 1996. The project area included two streets that share a common border with the City of Brooklyn Center. Because it is typically not prudent to construct only "one- half" of a street, representatives of both Cities explored the feasibility of including Brooklyn Center's share of the streets within the Minneapolis project. The Council was provided with an update regarding this project on January 4, 1996. The City f Minneapolis Engineering ty p g� Bering Department has subsequently prepared construction plans for the • project and estimated costs. The plans were presented to affected property owners at an informational meeting conducted on January 29, 1996. This meeting was held in conjunction with the neighborhood meeting held for the 57th Avenue, James, Logan, and Knox improvement projects. Attached is a brief summarization of that meeting. A feasibility report has subsequently been prepared (attached). As described in the report, the project would generally consist of the complete reconstruction of the streets with some storm sewer work. No other significant utility improvements are expected. Minneapolis officials have indicated that final approval of this project is expected from their City Council in March of 1996. It is expected that construction would then commence in April of 1996, and would be performed by the City of Minneapolis Public Works Department. Minneapolis proposes to split the cost of the roadway improvements 50150. Since the storm drainage improvements would primarily benefit Minneapolis residents, Minneapolis proposes to complete those improvements at no cost to Brooklyn Center. The cost to Brooklyn Center would be $168,000, which we believe is fair and reasonable. The feasibility report also describes the estimated cost and proposed cost split between the two Cities. It is recommended that the City Council approve the attached resolution to receive the Engineer's Feasibility Report, and to schedule a Public Hearin to consider approval of the Hearing pp protect on March 11, 1996; and to authorize the development of a cooperative agreement with Minneapolis to construct the proposed improvements for $168,000. • its adoption: Member introduced the following resolution and moved RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, AND AUTHORIZING DEVELOPMENT OF A COOPERATIVE AGREEMENT REGARDING IMPROVEMENT PROJECT NO. 1996 - 10, 53RD AVENUE, XERXES TO VINCENT, AND XERXES AVENUE, 49TH TO 53RD WHEREAS, the City Council has previously been advised of proposed street improvements for certain street segments shared with the City of Minneapolis; and WHEREAS, said street segments are identified as 53rd Avenue North between Xerxes and Upton, and Xerxes Avenue North between 49th and 53rd; and WHEREAS, the City of Minneapolis has prepared plans and cost estimates for said improvements; and • WHEREAS, the City Engineer has prepared a feasibility report based upon said plans and estimated costs; and WHEREAS, the City Council has received said feasibility report; and i WHEREAS, it is desirable to prepare a Cooperative Agreement with the City of Minneapolis to provide for the equitable sharing of costs for said improvements; and WHEREAS, it is ro osed to assess a onion improvements of the cost of street im P P P P against all properties w' project area; and g within the ro' P P P J WHEREAS, the cost to be assessed to the properties is estimated to be: I STREET IMPROVEMENT 1996 -10 Special Assessments $55,360 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: • RESOLUTION NO. 1. A public hearing shall be held on the 11th day of March, 1996, in the City Hall Council Chambers at 7:00 p.m., or as soon thereafter as the matter may be heard, and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvements. 2. The City Engineer is directed to develop a Cooperative Agreement with the City of Minneapolis to construct said improvements for the sum of $168,000. 3. The City Clerk is directed to cause a notice of public hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total improvement costs. 4. The City Clerk shall cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. • 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. • 9 3[ City of Brooklyn Center A great place to start. A great place to stay. 6301 SHINGLE CREEK PKWY BROOKLYN CENTER, MINNESOTA 55430 ENGINEERING: 5 69 -3 340 FAX: 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR XERXES AVENUE NORTH (BROOKLYN BLVD. TO 53RD AVE. N.) • AND 53RD AVENUE NORTH ( XERXES AVE. N. TO UPTON AVE. N.) IMPROVEMENT PROJECT NO. 1996 -10 FEBRUARY, 1996 I hereby certify that this feasibility report was prepared by me or under my direct supervision, and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota • Reg. No. 17657 Scott Brink City Engineer February 5, 1996 OVERVIEW (see Figure 1) • These proposed projects include roadway and utility improvements for portions of Xerxes Avenue North and 53rd Avenue North that are shared with the City of Minneapolis. The streets are described more specifically as follows: Xerxes Avenue North from 49th Avenue North to 53rd Avenue North and 53rd Avenue North from Xerxes Avenue North to Upton Avenue North (see Figure 1). Late in 1995, staff was contacted by Minneapolis officials regarding the proposed reconstruction of a large portion of residential streets within the northwest part of their City. This reconstruction project area is known as Shingle Creek West and generally includes the majority of streets within an area of Minneapolis described as follows: south and west of Shingle Creek, east of Xerxes Avenue North, and north of 49th Avenue North. Included within the proposed project area are two streets that share a common border with the City of Brooklyn Center. Because it is typically not sensible or cost effective to construct only "one - half" of a street, Minneapolis and Brooklyn Center staff have subsequently met to explore the possibility of including Brooklyn Center's share of the streets within the project. At this time, it appears that Minneapolis will be proceeding with the project, with construction expected to commence in April of 1996. The City of Minneapolis has completed construction plans for this project, and the actual construction itself would be performed by the City of Minneapolis Department of Public Works. Staff notified property owners of this development late last year, and recently held a • neighborhood informational meeting on January 29, 1996. The Council was also provided a project update on January 4, 1996. PROPOSED IMPROVEMENTS STREETS and STORM SEWER Improvement Project 1996 -10 (see Figure 2) All of the streets in the proposed project area are classified as local residential streets. According to available records, these streets were originally constructed prior to 1952, along with other neighborhood streets in Minneapolis. These streets are therefore among the oldest in the City. All of the existing streets are very flat, without curbs and gutters. On average, the streets are 30 feet wide, with a pavement thickness of 1.5 to 3.0 inches. The streets are now showing fatigue and distress, particularly along their unprotected edges. The City's Pavement Management Program indicates that these streets are showing signs of deterioration due to the age and construction of the roadway. If the streets were totally within Brooklyn Center, their present condition would probably suggest programming them for reconstruction within the next few years. However, because the streets are shared with Minneapolis and are scheduled on their program for 1996, reconstruction at this time would be the most feasible and cost effective action, and is therefore recommended. • Feasibility Report Xerxes and 53rd Page 1 Minneapolis is proposing to reconstruct the streets similar to the standards utilized by Brooklyn Center. The streets generally would be reconstructed to approximately their same width as two lane roadways measuring 30 feet in width with a structural capacity for the • current volume and vehicle distribution. Xerxes Ave. N. from Brooklyn Boulevard to 51st Avenue North, however, exists as a one way street (18 feet wide), and would be reconstructed close to its current width. Xerxes Avenue would also be shifted less than two feet west from its current alignment, in order to better accommodate drainage and grades for the roadway. 53rd Avenue would be reconstructed to the same width at the same location. Sanitary sewer and water service to properties in the project area are provided by either Minneapolis or Brooklyn Center facilities. At this time, it is not anticipated that any major repair or replacement work on these facilities will occur. A good portion of the properties on 53rd Avenue North are served b sanitary ewer running y s nnui along their rear property rY g g lines. This line is currently being inspected, and should any repairs be necessary, they do not necessarily need to be performed as part of this project. Some storm sewer improvements are also proposed as part of this project. A new storm sewer pipe would be installed on 53rd Avenue North from Xerxes to Upton. Additional catch basins would be installed on Xerxes Avenue North and connected to an existing Minneapolis storm sewer. Because the streets are to be reconstructed to approximately the same width and location, it is not anticipated that significant removal of trees and replacement landscaping will occur. • In addition, surveys returned from residents have not indicated any conclusive need to install additional street lighting. The project therefore does not include any additional costs for landscaping, lighting, or other treatments. ESTIMATED COSTS AND FUNDING CONSIDERATIONS Costs and Funding for Street hn rovements Project No. 1996 -10 Because the streets are shared and provide a common benefit to both Brooklyn Center and Minneapolis, olis the cost of the p project is proposed to be shared appropriately. At this time, it has been ro osed to split the cost of the roadway P P P y on a 50 -50 basis. Most of the segment of Xerxes Avenue between Brooklyn Boulevard(49th Ave. N.) and 51st Avenue North (the one way street) does not provide as significant a benefit to Brooklyn Center. However, while the proposed storm sewer on 53rd Avenue provides some benefit to Brooklyn Center, Minneapolis has offered to pay the entire cost of storm sewer upgrades. In consideration of other additional costs and contingencies that e ultimately unatel in cluded in the g Y total ro'ec p J t costs the 50 -50 share for the roadway construction as Brooklyn Center's total project share appears equitable. The estimated cost to reconstruct the shared roadway is $336,000. Brooklyn Center's share of the total project cost would therefore total $168 000. This amount is co • m arable to total P costs incurred on ' project sunilar ment im rove projects in n Center. Brooklyn improvement J Y Feasibility Report tJ' P Xerxes and 53rd Page 2 It is proposed to levy special assessments for street improvements in accordance with the recommendations that were presented to the City Council on January 22, 1996. Those recommendations established a standard of $1850 per residential property. Commercial and • multi - family residential property would be assessed at the rate of $0.23 per square foot, for frontage to a depth of 200 feet. It is proposed to assess all properties abutting 53rd and all properties abutting Xerxes from 51st to 53rd, including the home on the southwest corner of 51st and Xerxes. Except for that corner property, other properties in Brooklyn Center which abut Xerxes south of 51st do not have access to Xerxes, and would be unlikely to in the future. Because it would be difficult to show that these properties would receive any benefits from the proposed improvements, it is not proposed to assess them. On this basis it is estimated that special assessments totaling 55 360 would be levied P g $ for street improvements. Since this would represent about 32 percent of the estimated total project costs for the street improvement, this improvement can be processed and completed in compliance with Minnesota Statutes Chapter 429 which provides that, if special assessments in an amount totaling at least 20% of the project costs are levied against benefitted properties, then a portion or all of the project costs can be financed by the sale of a bond issue without a referendum. Based on current City policy, all project costs would be included in a bond issue, with the City's general tax levy paying the portion of the roadway improvement costs not recovered by special assessments. At this time, no significant repairs to City utilities are anticipated as part of this project. In the event of any repair needs discovered during the course of construction, the costs for such replacement or repairs would be funded from the City's appropriate utility fund. Project Cost • Construction $168,000 Engineering (2 %) $ 3,360 Administration (2 %) $ 3,360 Legal (1 %) 1,680 Total Cost $176,400 Project Revenues Special Assessments $ 55,360 Gen. Obligation Bonds $121,040 Total Revenues $176,400 Recommended 1996 Project Schedule February 12 City Council receives feasibility report and calls for public hearing • March 11 Public Hearing, City Council may authorize the project March Minneapolis City Council formally approves project Feasibility Report Xerxes and 53rd Page 3 April 1 Pre - construction conference April Start Construction September 9 Special Assessment Hearing • October 1 Substantial completion It should be noted that the City of Minneapolis Shingle Creek West Reconstruction Project encompasses a significant number of streets, and that the shared Brooklyn Center portion of Xerxes and 53rd is a small part of that total project. It is therefore unknown specifically at this time when actual reconstruction on those streets would occur. Further detailed information regarding the construction schedule will be provided upon receiving that information from the City f Minneapolis. tY P Feasibility Statement The improvements described herein are feasible under the conditions outlined and at the costs estimated in this report. f Scott Brink City Engineer Reg. No. 17657 • • Feasibility Report Xerxes and 53rd Page 4 uiic�'� I4►JII1i�� i ° I LALA ISO mum- OR WEE ORME �, s • Irrw w� .w �� ' .. �� w'� .. .��II •• C� II i • - - 1 /�trtr � �= IN rrrtrnr�l Boom SEE ENRON __ ..� NORTHPORT SCHOOL MEN won Ing OR So all r �. . •, .. �� /��'% ' � '■ •• w � .� .� a: �� JIIU/- _�� _mss �■ :::.. ■ v� ■ ■ ■ ■/1� C. C :t .... rtrrrrrrr/1111p �1�) nrrlrr�rr! � - $ .. —� = = �• �- w • MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Ronald A. Warren, Planning and Zoning Specialis t DATE: February 8, 1996 SUBJECT: Comprehensive Plan Update As you are aware, the City is seeking a consultant for the purpose of updating its comprehensive plan. The plan is required to be updated by December 1998. Rather than seek full -blown proposals, the City Council authorized the staff to seek statements of qualifications from reputable consulting firms in order to make a recommendation regarding a firm to negotiate the details of a proposal for professional consulting services. We originally sent out 12 Request for Qualifications (RFQ's) and received six well qualified responses. An interview panel made up of Councilmember Debra Hilstrom, Planning Commission Chair Tim Willson, Brad Hoffman and myself interviewed the six • potential consulting firms on January 25, 1996. Attached is a copy of the interview schedule from that date indicating the firms reviewed. All candidates seemed well qualified, but the group recommended that the City pursue negotiations with BRW, Inc. for an agreement containing a work plan and associated costs. This agreement, once negotiated, would be brought back for the City Council's approval The committee believed that BRW was best qualified because of their vast experience doing comprehensive plans (approximately 60 comprehensive and strategic plans, many in the Twin Cities Metropolitan area) and because of their familiarity , with Brooklyn Center. BRW was the consulting firm used by the City to develop our current comprehensive plan. In fact Mr. Bill Weber, who would be the project manager for this project, worked extensively on that project in 1978 and 1979. BRW is also very familiar with Brooklyn Center having done a traffic study of the Earle Brown Farm area, preparing the 1994 Brooklyn Boulevard Streetscape Amenities Study and by currently providing planning and engineering services related to the proposed County widening of Brooklyn Boulevard. BRW is a full service planning and engineering consulting firm able to provide strategic planning, urban design, transportation planning and civil engineering services all through the same firm. • Comprehensive Plan Update • Page 2 February 8, 1996 If, for some reason, we cannot reach an acceptable agreement with BRW the committee recommended that we then pursue an agreement with Dahlgren, Shardlow and Uban, Inc. as next in line. That firm also has excellent credentials and has recently provided planning services to the City. It is recommended that the City Council authorize the e staff to negotiate an agreement with BRW, Inc. for consulting services to update the City's comprehensive plan including work schedule and compensation. RAW:rsc • • Interview Schedule 9:00 a.m. Joyce Levine Camiros 10:00 a.m. Bill Weber B R W, Inc 11:00 a.m. Tom Loucks Loucks & Associates, Inc 1:00 P.M. Fred Hoisington Hoisington Koegler Group, Inc 2:00 p.m. John Shardlow Dahlgren, Shardlow & Uban, Inc • 3:00 .m. John ohn Bergly Sanders, Wacker, Wehrman, Bergly, Inc • J MEMORANDUM Date: February 7, 1996 To: Michael J. McCauley, City Manager From: Tom Bublitz, Community Development Specialist l Subject: Resolution Calling for a Public Hearing on Proposed Use of 1996 Urban Hennepin County Community Development Block Grant Funds Hennepin County has notified the City of Brooklyn Center that its share of the 1996 Urban Hennepin County Community Development Block Grant (CDBG) entitlement will be approximately $250,054. This amount is a $20,029 or seven percent (7 %) decrease over last year's allocation. Brooklyn Center is one of 43 Hennepin County cities participating in the Urban Hennepin County's CDBG program. In this program, federal dollars from the Department of Housing and Urban Development flow to the county and are disbursed to the 43 participating cities. The 1996 estimated CDBG allocation for the entire county is $3,560,000, which is • approximately five percent (5 %) less than the 1995 county allocation. Since the CDBG allocation represents federal dollars, the CDBG programs adopted by local jurisdictions must meet one of the following national objectives: •Benefitting low and moderate income persons •Prevention or elimination of slums or blight *Meeting a particularly urgent community development need There are a variety of actual activities and /or projects that call fall under these national objectives. Last year, the City of Brooklyn Center approved the following projects for its 1995 program: Rehabilitation of Private Property (EDA home rehabilitation deferred loan program) $100,777 Household Outside Maintenance for the Elderly (H.O.M.E.) 9,306 Scattered Site Redevelopment 60," Total (1995) $270,083 In order to be eligible for CDBG funds, cities must hold a public hearing to gain citizen input • regarding the use of CDBG funds. The resolution included with this memorandum would set the CDBG public hearing for the March 11, 1996, City Council meeting. The public hearing notice included with this memorandum also includes a designation of Memorandum to Michael J. McCauley • February 7, 1996 Page 2 CDBG programs and recommended funding levels for the CDBG projects and activities. The CDBG projects and activities specified in the public hearing notice are recommended by staff. By approving the resolution and public hearing notice, the City Council would not give final approval to these CDBG activities, and the CDBG projects /activities and /or funding levels specified in the notice can be changed at the March 11, 1996, public hearing, at which time the City Council will be deciding on the final CDBG program for 1996. Staff recommendations for the 1996 CDBG program are summarized below: 1. The City's home rehabilitation deferred loan program (rehabilitation of private property) was budgeted at $100,777 for the 1995 CDBG program. The current waiting list of applicants for this program is approximately 60. Presently, the EDA is able to put up to $15,000 in each household to rehabilitate the structure. Staff is recommending an allocation of $166,054 in CDBG funds for the 1996 home rehabilitation deferred loan program. 2. The scattered site redevelopment program was funded at $160,000 for the 1995 CDBG program. Two projects were established for the $160,000. One was to purchase blighted single - family projects, the other was a multi -year project to reimburse the EDA reserve fund for the acquisition and demolition of four fourplexes along Humboldt Avenue which were purchased and demolished with EDA funds. This project was set up as a multi -year contract to repay the EDA from CDBG funds for this project. Staff is recommending an allocation of $75,000 for this multi -year project. This amount would close out the multi -year project and wold be the final payment to the EDA. 3. Staff has received a request from Senior Community Services, the Household Outside Maintenance for the Elderly (H.O.M.E.) program for $9,306. This project has been part of the CDBG program for four years and has proved to be a beneficial program. The H.O.M.E. program provides minor maintenance and repair for persons 62 years of age and older and/or permanently disabled individuals. The households are required to pay a certain amount towards the rehab based on a sliding fee scale according to their income. CDBG dollars are used to bring down the overall cost of the repairs. Examples of the repairs included in this program are installation of grab bars, painting (interior and exterior), minor roof and gutter repair, concrete repair, and carpentry (including door, window, and trim repair). Staff has requested Senior Community Services to provide a summary of the usage of this program for the past year and this information will be available at is the March 11, 1996, public hearing. Please note that the amount recommended for the 1996 H.O.M.E. Program ($9,000) is an estimate. Staff may recommend a reduction of the H.O.M.E. Memorandum to Michael J. McCauley • February 7, 1996 Page 3 amount once the program usage figures are obtained from the program provider, Senior Community Services. A representative from Senior Community Services will also be invited to the March 11, 1996, meeting to answer questions regarding the H. O. M. E. program. • NOTICE OF PUBLIC HEARING 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center, in cooperation with Hennepin County, , Y pursuant to Title I of the Housing nd Community Development evelo ment Act of 1974 as amended is holding tY P g a public hearing on March 11, 1996, at 7:00 p.m. or as soon thereafter as the matter may be heard in the City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and priorities of the City and Urban Hennepin County and the City's proposed use of the 1996 Urban Hennepin County Community Development Block Grant Program planning allocation of $250,054. In addition, during the July 1, 1996 to June 30, 1997 program year, it is estimated that no additional program income from locally funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 1995 Urban Hennepin County CDBG funds starting on or about July 1, 1996: Activi Budget Rehabilitation of Private Property $166,054 • Household Outside Maintenance for the Elderly (H.O.M.E.) 9,000 Scattered Site Development 75,000 Subsequent increases or decreases in the community planning allocation or the budget of any funded activity by the greater of $10,000 or 50% of the activity budget or change in activity location, beneficiary, or purpose is considered a substantial change and pursuant to Urban Hennepin County policy will be subject to the amendment process. For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 569 -3300 or the Hennepin County Office of Planning and Development at 541 -7080. The public hearing is being held pursuant to Minnesota Statutes Section 471.59. • its adoption: Member introduced the following resolution and moved • RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 1996 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 43 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has been notified by Hennepin County that its allocation for the 1996 Urban Hennepin Count Community Development Block Grant CDBG P Y Y P ( ) Program am is $250,054; an d WHEREAS, a public hearing regarding the proposed use of 1996 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. A public hearing on the proposed use of 1996 Urban Hennepin County • Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on March 11, 1996, at approximately 7:00 p.m. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the ro osed use of 1996 Urban Hennepin ' Community P in Coun Communi Development P P Block Grant funds in the City's official newspaper not later than ten days prior to March 11, 1996. 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.