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HomeMy WebLinkAbout1995 02-27 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER FEBRUARY 27, 1995' 7 p.m. 1. Call to Order ci 2. Roll Call , t.? 3. Opening Ceremonies 4. Council Report /4 j'r 5. Presentation a. State Representative Phil Carruthers ` xw ���F _ �'� -� z�. -,. � j. z ' y-f c 6. Approval of Agenda and Consent Agenda / " /" 0 H It 6, j -The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered at the end of Council Consideration Items. . a. Approval of Minutes - Councilmembers not present at meetings will be recorded as abstaining from the vote on the minutes. e{ �' 1. February 13, 1995 - Regular Session b. Proclamation Declaring March 5 through 12, 1995, as Volunteers of America Week '? /—' /0 H / ' — C. Resolution Accepting Quote and Authorizing the Purchase of Aluminum Street Signs -This item was approved in the 1995 Street Maintenance Budget. d. Resolution Accepting Quote and Authorizing the Purchase of One (1) Fiberglass Body for Sign Truck f r� i I��� a :,�.- _ 5 7 -This item was approved in the 1995 Central Garage Capital Outlay Budget. e. Resolution Accepting Bid and Authorizing the Purchase of One (1) Disc -Type Brush Chipper -This item was approved in the 1995 Central Garage Capital Outlay Budget. f. Resolution Approving Specifications and Authorizing Advertisement for Bids for the Purchase of One (1) Golf Course Fairway Mower ID# Ai���- -This item was approved in the 1995 Central Garage Capital Outlay Budget. G CITY COUNCIL AGENDA -2- February 27, 1995 g. Resolution Accepting Quote and Authorizing Purchase of Security Cameras for the Liquor Stores -This item was approved in the 1995 Liquor Stores Budget. h. Resolution Expressing Support for an Application to the Hennepin Housing Consortium Home Investment Partnerships Program by Mr. George VanVliet for the Rehabilitation of the Brookdale Ten Apartments, Jam- /D I4 i. License to Utilize Explosives Permits for the Howe Company ;,�31 j. Licenses 3,1' 1 7. Open Forum, S. Planning Commission a. Planning Commission Application No. 95002 submitted by Joy Anderson. Request for special use permit to operate a wholesale greenhouse business as a home occupation. This application was recommended by the Planning Commission at its February 16, 1995, meeting. / 3 9. Council Consideration Items ® a. Mayoral Appointments: 1. Financial Commission (2 vacancies) f q 2. Human Rights and Resources Commission (1 vacancy) b. Appointment of Councilmember to Northwest Suburban Cable w � Communications Commission C. Discussion of Modification of Adult Establishment Ordinances 1. Resolution Placing Moratorium on the Siting of Adult Establishments g g Within Any Zoning District of the City of Brooklyn Center; and Directing a Study to be Conducted 2. An Emergency Ordinance Placing a Moratorium on the Siting of Adult Establishments Within Any Zoning District of the City of Brooklyn Center; and Directing a Study to be Conducted 6,L / 19 3. An Ordinance Placing a Moratorium on the Siting of Adult Establishments Within Any Zoning District of the City of Brooklyn Center; and Directing a Study to be Conducted CITY COUNCIL AGENDA -3- February 27, 1995 d. Resolution Receiving Engineer's Feasibility Report, Providing for Hearing on S - Proposed Improvement Project Nos. 1995 -07, 08, and 09, Woodbine 7 Neighborhood Street, Storm Drainage, and Utility Improvements, and 63 Declaring Cost to be Assessed and Providing for a Public Hearing Regarding Assessments for Improvement Project Nos. 1995 -07 and 08, Woodbine Neighborhood Street and Storm Drainage Improvements /k k'' 1 , e. Resolution Providing for Hearing on Proposed Improvement Project Nos. 1994 -05 and 06, Humboldt Avenue Improvements, 69th to 73rd Avenue, Declaring Cost to be Assessed and Providing for a Public Hearing Regarding Assessments for Improvement Project No. 1994 -05 Humboldt Avenue Street Improvements k I � H � L4, It n-1... q S` - 6 c -This item relates to proposed special assessments on' non - single family residential properties. L Staff Report Regarding P oQ ssible Municipal State Aid Street System Revisions g. Discussion of Develo ment of a Process for a Community Improvement Bond Issue z`" /� C i�t — tt. �-- 1 �'�tfza L -,,.� - h. Items Removed from the Consent Agenda , , x4, L' . + 10. Adjournment EDA AGENDA CITY OF BROOKLYN CENTER FEBRUARY 27, 1995 (following adjournment of City Council meeting) 1. Call to Order S. j 1�_ 0 2. Roll Calf ! /c" � f k �`� 0 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. CITY COUNCIL AGENDA -4- February 27, 1995 a. Approval of Minutes: January 23, 1995 - Regular Session - Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. b. Resolution Approving Addendum to Agreement for Food Services Management k " - / Jz r -- b s 4. Commission Consideration Item 6k / 1) J� a. Resolution Approving a Contract with BRW, Inc. to Provide Professional Services for the Preparation of a Request for Development Proposal for the Northeast Quadrant of Brooklyn Boulevard and 69th Avenue North 5. Adjournment • • Council Meeting Date February 27 1995 3 City of Brooklyn Center ,�• Agenda Item Number ✓ Description: Item Descri P Request For Council Consideration • Presentation by State Representative Phil Carruthers Department Approval: — 5A" * : GYyA Sharon Knutson, Deputy City Cler Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached No ) ® Representative Phil Carruthers will make a brief . i presentation u pdating the Council on proposed legislation. p • Council Meeting Date February 27, 1995 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration • Item Description: City Council Minutes February 13, 1995 - Regular Session Department Approval: Sharon tson, lbe p`uty 'Ci'ty Clerk Manager's Review /Recommendation: IYK 4F No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached Yes ) February 13, 1995 - Regular Barb Kalligher was excused from the meeting and the minutes will reflect her abstention from the vote on these minutes. 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 FEBRUARY 13, 1995 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Myrna Kragness at 7:02 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kristen Mann, Debra Hilstrom, and Kathleen Carmody. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Director of Community Development Brad Hoffman, Communications Coordinator Tcrri Swanson, Consulting Engineer Sy Knapp, City Attorney Charlie LeFevere, and Council Sccrctary Barbara Collman. Councilmember Barb Kalligher was excused from tonight's meeting. OPENING CEREMONIES Jim McCloskey offered the invkxutiun. A flag ccr:; rnony was performcd by Boy Scout Troop 299. COUNCIL REPORTS Mayor Kragncss announced the Hennepin Recycling Group will be holding a discussion regarding recycling options on February 22 from 6 to 8 p.m. The City Manager noted there will be a hearing of the House of Representatives Tax Committee in Brooklyn Center Council Chambers on the evening of Tuesday, February 14, 1995. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Krayness inquired it any C;ouncilmember requested any items be rucnuved from the consent agenda. Councilmcmber Mann requested items 6h and 61 be removed from the consent agenda, There was a motion by Counc' member Ni lann and seconded by Councilmembcr Carmody to approve the February 13, '19" 5, agenda and consent agenda with the removal of holils 6b and 61 from the consent agenda, The motion passed unanimously. 0 213/95 - 1 1 APPROVAL OF MINUTES JANUARY 23 1995 - REGULAR SESSION There was a motion by Councilmember Mann and sccoudcd by Councilmeinbcr Carmody to approve the minutes of the January 23, 1995, regular session as printed. The motion passed unanimously. JANUARY 30. 1995 - SPECIAL SESSION There was a motion by ( Mann and seconded by Councilmcmber Carmody to approve the minutes of the January 30, 1995, special session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 95 -40 Mcmbcr Iu•iswn Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTES AND AUTHORIZING THE PURCHASE OF ONE (1) PHOTOCOPIER The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION N0, 95 -41 Memhe.r Kristen Maim hAraduced the following: resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR 1995 SEALCOAT PROGRAM, IMPROVEMENT FROJEC,T NO. 1995 -06, CONTRACT 1995 -A The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -42 Menit c•r Kristcn Mann introduced the fallowing resolution and moved its adoption: RESOLUTION AUTHORIZING ADVERTISEMENT FOR REBIDDING, IMPROVEMENT PROJECT NO. 1994-15, ADA 'TRAILS, CURB CUTS, AND PFI7F.,STRIAN RAMFS, AND IMPROVEMENT PROJECT NO. 1994-Z-3, 1994 SIDEWALK REPLACEMENT - MISCELLANEOUS LOC:.ATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. 2/1.3 /95 .2 - RESOLUTION NO. 95-43 N,je."lbe•r Kristen Mann introduced the following resolution and moved its adoption' RESOLUTION AUTHORIZING ADVERTISEMENT FOR REBIDDING, IMPROVEMENT PROJECT NO. 1994 -33, MISCELLANEOUS REMOVALS, EXCAVATION, AND CONCRETE CURB The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -44 Membcr Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING ADVERTISEMENT FOR REBIDDING, IMPROVEMENT PROJECT NO, 1994 -25, PEDESTRIAN BRIDGE REPAIR IN GARDEN CITY PARK AND AT COUNTY ROAD 10 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -45 Member KriSWi, Mane introduced the following resolution and moved its adoption: RESOLUTION AMENDING IMPROVEMENT PROJECT NO. :1.993 -19, CENTRAL. GARAGE IMPROVEMENTS, FOR TELEPHONE AND DATA IMPX0VEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 9:546 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR SOILS STUDY FOR STREET I: 1FROVEMENT, W00DB1NENEIGHB ORHOOD,IMPROVENIEN'.1 NROJEc.rNOS. 1995 -07, 08, & 09 The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. 2/13/95 - 3, RESOLUTION N0, 9547 Member Kristen ylann introduced the following resolution and moved its adoption: IO RESOLUT N CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF YEAR X (1995) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. RESOLUTION NO. 95 -48 ItiMorrrher Kristen Mann introduced tho following resolution and moved its adoption: RESOLUTION AMENDING THE 1995 GENERAL FUND BUDGET TO INCLUDE FUNDING FOR BROOKLYN COMMUNITY BAND The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. BUILDING CODE APPEAL BY DAVID AND LESLIE ANDRESEN. 6821 PERRY AVENUE NORTH Therc was a motion by Councilmember Mann and seconded by Councilmember Carmody to indefinitcly postpone the public hearing sched °jIcd in regard to the building code appeal by DaAd and Leslie Aadr%sven, 6821 Perry Avenue North. The motion passed unanimously. LICENSES There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the following list of licenses: BOWLING ALLEY Lynbrook Bowl 6357 N. Lilac Drive GARBAGE AND REFUSE COLLECTION VEHICLE Waste Control Systems, Inc, d/bia Waste Control 95 West Ivy MECHANICAL SYSTEMS Climate Enginccring 4336 E. Shady Oak Road RENTAL DWELLINGS Initial; Michael and Amv DesParois 5301 Dupont Ave. N, 2113x`95 -4 - RENTAL DWELLINGS - CONTINUED Renewal: Luanne Polve 6000 Abbott Ave. N. Boyer Palmer 6101 Beard Ave. N. James and Bobbie Simons 0109 -11 -13 Beard Ave. N. Terry L. Hartmann 6827 Fremont Pl. N. Richard Olson 5818 Humboldt Ave, N. Gary Scherber 4704 Lakeview Ave. N. Gary Scherber 5820 Logan Ave. N. Richard Bergstrom 5400 Russell Ave. N. Sharon Haugen/Julic Haugen 4806 Twin Lake Ave. N. Fredrick Bcier 5300 -04 Vincent Ave. N. Raymond and Betty Anderson 7113 Willow Lane Lyle Miller 3501 47th Ave. N. Catherine Shefeluk 3018 5'st Ave, N. The motion passed unanimously. OPEN FORUM Mayor Kragncss noted there had been two requests to use the open forum session this evening, Julie Bar 7119 Dallas R oad , spoke as a member of the Board of Directors of the CO-O �� o � P p Northwest Community Revitalization Corporati She presented a handout. The consideration of this program' for funding is an urgent matter. The program would serve seniors in conjunction with housing and services needs, as well as voung families attempting to finance first homes. The program is designed to help low- and moderate- income residents. Nis. Barry urged the Council to act in on the ground floor with this project by meeting with resource people to discu their Concerns and by assigning Staff to research typuy of funding othc;r cities have received, Ms. Barry further commented housing is critical in order for there to he residents to patroni7e the redeveloped areas w hich are planned. She also suggested tlrc Council tap into the available rescurcc of citizens groups. 'Mayor Kragness thanked Ms. Barry for her comments and suggested the Brooklyn Center Housing Commis ian might wi sh to meet with representatives o f the comruiltt: Dan Remiarz, 6201 June Ave. N., commented he had previously addressed the Council urging it to appoint a police chief who was not tlom the ranks He noted he has new seen ? her lawsuit p ending. ti cover _,000 and anot p l; newspaper er of a settlement of $4 p p s 2!13195 - 5 - Mr. Remiarz said he has asked for information on City pay remuneration but is not able to get the kind of report he wants, lie would like an investigation into Sunday ovGrtilu as he noted City workers working on Sunday in connection with a utility method he feels is outdated. The City Manager said he could refer Mr. Remiarz to the appropriate consultants. Mr. Remiarz said he is familiar with meter - reading equipment. He would be willing to get quotes on new equipment. COUNCIL CONSIDERATION ITEMS APPROVAL OF IMAGE CAMPAIGN PLAN The Communications Coordinator referred the Council to the preliminary imusc campaign plan outlined in the Council packet, The Communications Coordinator asked the Council to authorize the hiring of a public relations firm as a contributing factor to the imag campaign, specifically in regard to media coverage. The campaign task force proposes to interview firms, obtain bids, and bring a choice to the Council for approval. She noted fiends are available for this expenditure. The Communications Coordinator also asked th{- Council to authorize the formation of a steering committee for the campaign 'The stee=ring co mmittee would be responsible for overseeing funding and operations for the campaign. The Communications Coordinator noted the campaign outlined would consist of new programs as well as image boosters Hiring a public relations firm and forming a stccrilig committee are two early steps in the process. Councilmember Mann noted the goals listed in the preliminary plan mention an "information coordinator." She asked whether that term refers to a public relations firm. The Communications Coordinator replied the tern refers to her position as a central coordinator, i Councilmember Carmody asked whether a date has been set for appointing a steering committee. The City �NIanager expla ined a committee must be aut h o rized first. I Councilmember Carmody asked whether the steering committee will be in place before; a public relations firm is selected, The City Manager said it will. I Councilmember Carmody asked whether the establishment of a steering committee will dissolve the task force The Communications Coordinator said the task force will become a goal committee under the steering committee. The City Manager noted in other 2/13/95 - 6 communities the steering committee eventually becomes a non - profit organization so the City can contract with it. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to approve the preliminary image campaign plan as submitted. The motion passed unanimously. There was a motion by Councilmcmber Mann and seconded by Councilmember Carmody to authorize the communications task force to interview prospective public relations firms; direct the City Manager and Staff to work with a steering committee, the Chamber of Commerce, and the communications task force to finalize the image campaign plan and recommend a specific action plan, including recommendations for the most effective use of the $25,000 appropriated in the general fund budget for 1995 for this general purpose. The motion passed unanimously. RESOLUTIONS CONTINUED) The City Manager noted this project is a joint operation with Mctro Council Transit Operations (MCTO), The Director of Public Services explained several services are involved in the project. The City has a contract with MC11) to construct it on its behalf. The NICTO will then own and operate it. The I ICTO has provided funding. Several elements are involved, including the acquiring and re- platting of property, and the realignment and landscaping of 65th Avenue;. The Director of Public Services recommended the firm of Short - Elliott - Hendrickson, Inc. be hired for the first phase design, not to exceed a Cr )st of $77,000. RESOLUTION NO. 95 -49 Niuniber Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL AND AWARDING CONTRACT FOR PROFESSIONAL, SERVICES, INIPROVEN ENT PROJEC Y NO. 1993-18, PARK AND RIDEPOND AND ASSOCIATED IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. The City I'vlanager noted the charges are to be pro- rated. STAFF REPORT RE: 1995 STREET IMPRO`IEMENT PROTECTS The Director of Public Services reviewed the staff reports regarding 1995 street improvement projects, 2/13,95 .7 - Regarding the 57th Avenue improvement project, the Director of Public Services stated it is evident an agreement will not be reached to facilitate construction in 1995. Theteforc, Staff recommends the project be reconsidered for 1996. RESOLUTION NO. 95 -5(l Member Dchra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION TERMINATING CONSIDERATION OF IMPROVEMENT PROJECT NOS. 1994 -03 & 04, 57TH AVENUE IMPROVEMENT FOR CONSTRUCTION IN 1995, AND CAtNCELLING PUBLIC HEARING The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. Regarding the 73rd Avenue North project, the Director of Public Services noted this project was tabled by the Council to the Humboldt project and required cooperation with the City of Brooklyn Park. The decision regarding Humboldt was reached too late for all processes to be accomplished for construction of the 73rd project in 1995. The Director of Public Services also discussed a change in State Aid routes and suggested Staff could report on same. Mayor Kragness agrced more information would be needed. RESOLUTION NO, 95 -51 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION TERMINATING CONSIDERATION OF IMPROVEMENT PROJECT NOS. 1994-07 & 08, 73RD AVENUE IMPRQVEMENT FOR CONSTRUCTION IN 1995 The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. Regarding the Humboldt Avenue North project, the Director of Public Services noted the City's consultant has drafted final designs and specifications and needs authorization to submit them to the Office of State Aid. There was a motion by Councilmember Mann and seconded by Councilmember Carmody to authorize submission of the consultant's report to the Office of State Aid. The motion passed unanimously. In addition, the Director of Public Services explained it is necessary to establish parking regulations in relation to the project, 2/13%95 - 8 - RESOLUTION NO. 95 -52 Niembcr Kristen Mann introduced the fallowing resolution and moved its adoption: RESOLUTION ESTABLISHING PARKING REGULATIONS ON NISAP 109 - 105 -05, HUMBOLDT AVF.NLJE NORTH BETWEEN 69TH AND 73RD AVENUES NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody, and the motion passed unanimously. The Director of Public Services noted this project is almost ready for the next steps in the process. Couneilmember Mann requested the assessment policy be considered at an upcoming Council Special Session. The City Manager agreed to add it to an agenda, perhaps February 21, 1995, STAFF REPORT REGARDING WOODBINE NEIGHBORHOOD IMPROVEMENTS The City Mang cr noted after the project was approved and begmn it became apparent a modification to the boundary was necessary. The Director of Public Services, as an introduction to new councilmembcrs, reviewed the implementation processes for the City's improvement projects in general. In regard to the Woodbine project, the Director of Public Services explained the site was selected due to its present street condition, the condition of public utilities in the urea, and its physical relationship to the City's redevelopment area. The engineering feasibility report will be presented two weeks from now. The City Consulting Enginccr presented the preliminary engineer's feasibility report on the improvement project. He noted the total mileage involved in the project is 2.6 miles. IIc discussed and made recommendations concerning streets, traffic counts, the storm drainage r system, storm Sewers, and the stlnitary sewer system. The total cost of the street improvement project is estimated to be $1,941,480.00. The City Consulting Engineer explained the cost breakdown as well as the funding breakdown. lie reviewed the special assessments, which are $725 per household for storm sewer and $1,700 or 5500, depending on property location, for streets. Councilmember Hilstrom referred to page 3 of the report where "spot repair" on pipes is mentioned. She expressed concern regarding building a new road which might iow, need to he dug up for pipe repair. The City Consulting Engineer said clay pipes have a lifetime of 50 to 100 years and the existing pipes in this area arc 35 years old. The only repairs necessary the sprat rgairs in relation to roots and structural problems. 2/13/95 Councilmember Hilstrom, referring to page 4 of the report, asked how water is affected by cast iron water mains. The City Consulting Encim:er said unlined pipe can cauyc rusting to i water unless water flow is continual. In the area under discussion, th e pipes are lined and there is good water flow, resulting in very few complaints regarding water. Councilmember Hilstrom, referring to Figure 11, requested the Council be provided with percentages of funding sources. The City Manager agreed to supply the figure~. The City Consulting Engineer mentioned 35% street, 65 ° , o General Obligation (G.O.) bonds, and State Aid funding, Councilmember Hilstrom asked for information regarding when and how Noble Avenue was assessed. The City Manager agreed to provide it. Councilmember Hilstrom requested details on hew the project coordinates with the City of Brooklyn Park, The City Consulting Engineer noted the timing will not allow that information to be in the final report. Councilmember Carmody questioned why some houses on Grimes Avenue North and 71st 7 rr uieer x lained not. The City Consultor E c North were included and some were g g P Avenue, tY it is Cary policy to i,11ow property owners to choose which project to be assessed for. Councilmember Carmody asked specifically about a house at Halifax Avenue North and 71st Avenue North. She was told the house has curb and gutter in place. Councilmember Carmody, referring to Figure 5, asked whether the trail connects with anything in Brooklyn Park. The City Consulting Engineer said that item rrccels to be coordinated. The City Manavr noted there is u sidewalk. modv referring to Figure 8 asked whether there is coordination with Councilmcmb..r Car a a the redevelopment activity, The City Consulting Engineer said there has been a meeting and it is recognized there must be coordination with BRW and developers. The City Council recessed at 8:53 p.m. Mayor hragness reconvened the Brooklyn Center City Council at 9:05 p.m. RESOLUTION NO. 95 -53 NR:rnber Dcbra Hilstrom introduced the following resolution and moved its adoption: RESOLUTION TERMINATING IMPROVEMENT PROJECT NOS, 1995-01 & 02, AND ESTABLISHING IMPROVEMENT PROJECT NOS. 1995 -07, 08, & 09, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 2/13/95 - 10- ' RESOLUTION NO. 95 -54 Nicruber Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF SARAH ROBINSON POLLOCK FOR HER DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. Mayor Kragness thanked Ms. Pollock for her many years of hard work for the City of Brooklyn Center. RESOLUTION NO. 95 - 5.5 NMeinbcr Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION EXPRESSCNG RECOGNITION AND APPRECIATION OF DENIS KELLY FOR HIS DEDICATED PUBLIC: SERVICE ON THE FINANCIAL COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Debra Hilstrom, and the motion passed unanimously. DISCUSSION The City Manager asked for direction from the Council regarding future City Council agendas_ He suggested the Council might prefer resolutions pertaining to recognition of community members be kept out of the consent age nda. reed with the Mayor y � Kraaness C - suggestion, noting she, would prefer to single out such resolutions. The City Manager said he would institute the policy. ADJOURNMENT There was a motion by C.ouneilmemher Hilstrom and seconded by C.ouncilmember Carmody to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9,09 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Burbafa Collman Timesaver Off Sitc Secretarial 2/13!95 Council Meeting Date February 27, 199 3 City of Brooklyn Center Agenda Item Numbe Description: Item Descri P Request For Council Consideration • Proclamation Declaring March 5 through 12, 1995, as Volunteers of America Week Department Approval: 41)AA� +ftwj�V& Sharon Knutson, Deputy City Cler ' 1 �3 Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) • PROCLAMATION DECLARING MARCH 5 THROUGH 12, 1995, AS VOLUNTEERS OF AMERICA WEEK WHEREAS, the Volunteers of America, a Christian human service organization, is celebrating its 99th year of service to the people of Minnesota and the nation; it is therefore certainly appropriate for us, the City of Brooklyn Center, to join in the observance of this milestone with the commemoration of March 5 through 12, 1995, as Volunteers of America Week; and WHEREAS, the Volunteers of America is making a valuable contribution by providing these services to adults and the elderly: six homes for mentally disabled, mentally ill, chemically dependent, and /or elderly adults; congregate dining for seniors at 45 sites in Anoka and Hennepin Counties; transitional housing for women and their families in Aitkin, Chisago, Isanti, Kanabec, Mille Lacs, and Pine Counties; home delivered meals for persons 60 years of age and over; semi - independent living services and supported living services; three housing complexes for families, the handicapped, and the elderly; and four long- term health care facilities; and WHEREAS, the Volunteers of America provides these services for children and youth: a children's daycare, programs serving autistic, autistic -like, and /or developmentally disabled youth; children's shelters; in -home services; 52 foster treatment homes and correction group homes; a residential treatment center for emotionally handicapped boys; a specialized behavioral program for boys with severe problems; short -term after care for youth with special needs; and • WHEREAS, the Volunteers of America provides two correctional services: a pre - release and work - release correctional program serving men; a jail, workhouse, and work - release correctional program serving women; and WHEREAS, the Volunteers of America, through its dedicated staff and volunteers and the many people who help support their work through financial contributions, make a significant impact on the lives of people in the City of Brooklyn Center; and WHEREAS, the Volunteers of America is commemorating its founding in 1896 and urges others to join them in bridging the gap between human needs and the resources of the public and private sector. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim March 5 through 12, 1995, as Volunteers of America Week in the City of Brooklyn Center. Date Mayor Attest: Deputy Clerk • V O L U N T E E R S O F AM ERICA MINNESOTA 5905 Golden Valley Road Minneapolis, MN 55422 -4490 (612)546 -3242 January 13, 1995 The Honorable Myrna Kragness Mayor of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mayor Kragness: The Volunteers of America has been serving others for 99 years. Volunteers of America Week, March 5 -12, commemorates the founding of our organization on March 8, 1896. We are one of Minnesota's largest human service organizations. Year after year, more than 921 of every dollar we receive, we spend directly on program services. Through the years, Volunteers of America has demonstrated it is a dynamic organization keeping pace with the everchanging world. We recognize the need for developing creative ways to solve problems and meet community needs for all members of our society. I hope you will recognize March 5 -12, 1995 as Volunteers of America Week and ask that you join us in celebrating our 99th year of service. Your letter acknowledging our service to people in the Brooklyn Center community will be appreciated. Your proclamation, along with other proclamations and letters will be duplicated and put into booklet form. A booklet commemorat- ing our 99th birthday will be placed in the reception area of each of our programs and senior dining sites. Something wonderful is happening in Minnesota, because of you! Your interest and support makes a significant impact on the success of our organization. And, as you know, our success is measured through the lives of those we touch. Respectfully Yours, �. James E. Ho�ie, Jr. President Enclosure Volunteers of America Minnesota D ' J 1994 -1995 PROGRAM SERVICES Bar -None Residential Treatment Center serves boys who are emotionally/behaviorally disturbed. 612- 753 -2500 Children's Day Care for infants and preschool aged children. 612495 -3344 Children's Emergency Shelter social services in a protective environment for children in crisis. 612 -753 -2319 a C}' P Children's Shelter Annex long -term care with social and educational services for children. 612 -753 -2500 Congregate Dining hot noon meals in a community setting, to anyone 60 years of age or older. 612 -546 -3242 CornerStone Supportive Transitional Housing for homelessWgh risk families. 612495 -3344 Correction Foster Group Homes therapeutic homes for teenagers with a delinquent history. 612- 546 -3242 Emergency Shelter Foster Care Homes provide short -term care for children. 612 -546 -3242 Evaluation Shelter Unit determines appropriate treatment plans for troubled youth. 612- 546 -2500 Foster Homes for Children where traditional family care is provided for children. 612- 546 -3242 Home Delivered Meals hot noon meals delivered to homebound seniors. 612 -546 -3242 In -Home Respite Care for families of children who are autistic, autistic -like and/or disabled. 612 - 546 -3242 In -Home Supportive Living Services and Respite Services for disabled adults. 612 -495 -3344 Intensive Treatment Center for boys with severe behavioral problems in a secure setting. 612- 753 -2554 Mora Senior Supportive Living Services for mentally disabled elderly who have special needs. 612- 546 -3242 Out -of -Home Respite Care for families of children who are autistic, autistic -like and/or disabled. 612 -546 -3242 Ponderosa Board and Lodging services for adults. 612 -395 -3344 Princeton Supportive Living Services a home for mentally disabled adults. 612495 -3344 Regional Corrections Center a jail, workhouse and work - release program for women. 612488 -2073 Residential Center a pre - release and work - release correctional program for men. 612 - 721 -6327 Semi- Independent Living Services learning opportunities for individuals with special needs. 612495 -3344 Settevig Supportive Living Services a home for developmentally disabled adults in Nfora. 612495 -3344 Settevig Center serves emotionally and/or behaviorally disturbed boys. 612- 753 -2500 Short-Term Aftercare prepares a child for a successful transition from treatment to home. 612 -753 -2500 Specialized Behavioral Program serves emotionally/ behaviorally disturbed boys and their families. 612 -753 -2500 Specialized Foster Homes for children who are physically and/or mentally challenged. 612 -546 -3242 Stevencroft Apartment Supportive Living Services for developmentally disabled young adults. 612 -644 -2514 Stevencroft House Supportive Living Services for developmentally disabled young adults. 612- 644 -2514 Supported Independent Living Services are provided for adolescents and adults with special needs. 612495 -3344 Treatment Foster Homes provide a supportive, directive environment for children and youth. 612 -546 -3242 White House Supportive Living Services for developmentally disabled adults near Wahkon. 612- 495 -3344 • VOLUNTEE AMERIC -was founded March 8 EERS F , 1896 in New York City. On April 24, 1896 services began in Minneapolis. VOLUNTEERS OF AMERICA, a national Christian human service organization, has a 98 year history of serving people in need; regardless of their race, color or creed. It seeks to develop programs in areas where needs are not being met by existing services. VOLUNTEERS OF AMERICA staff is comprised of individuals who not only have administrative and /or professional social work expertise, but who also have a commitment to the Christian mission of the organization; the reaching and uplifting of all peo Last year, in addition to 340 staff, more than 2,100 persons volunteered their talents to help enrich program services in Minnesota. VOLUNTEERS OF AMERICA, a 501(c)(3) organization, is eligible to receive tax deductible donations. VOLUNTEERS OF AMERICA meets all regulatory standards, publishes an annual report, has a certified audit, and files with the Charities Division of the Minnesota Attorney General's Office. BOARD OF DIRECTORS Ronald E. Britz, Chairman James E. Hogie Jr, President William W. McDonald W. Lyle Meyer Mary E. Adams John T. Richter Katie Erickson William F. Rieckhoff Walter W. Faster V_�.,.� w Dn� James W. Feil '"" "b 11 "— �:ey Mark. T. Flaten William E. Sandvig Gordon iVI. Haga Clayton W. Strandlie Peter L. Hauser Renee J. Tait Barbara A. Bing Robert E. Van Valkenburg Dr. Harm A. Weber Ross E. Kramer VOLUNTEERS OF AMERICA MINNESOTA DISTRICT OFFICE • administrative, accounting, and development offices are located at 5905 Golden Valley Road, Minneapolis, MN 55422 -4490 (612) 546 -3242 Council Meeting Date 02/27/95 31 City of Brooklyn Center Agenda Item Numbe tion: Item Descri Request For Council Consideration P RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ALUMINUM STREET SIGNS Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Accepting Quote and Authorizing the Purchase of Aluminum Street Signs Summary Explanation: (supporting documentation attached ) I An appropriation was approved in the 1995 street maintenance budget for the purchase of aluminum street signs. The usual procedure to purchase street signs is through the Hennepin County Cooperative Purchasing Program contract. However, only two of the signs needed for 1995 were included in the 1995 Hennepin County contract, so staff obtained written quotes for the signs. Two written quotes were received for these items. I recommend acceptance of the quote from Lyle Signs in the amount of $7,253, including tax. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ALUMINUM STREET SIGNS WHEREAS, an appropriation was approved in the 1995 street maintenance budget to purchase aluminum street signs; and WHEREAS, two written ,quotes were received as follows: Company Quote Lyle Signs $ 7,253 Newman Signs 7,270 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of aluminum street signs from Lyle Signs in the amount of $7,253 is hereby approved. • 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: Q and the following oted against g j ai st the same. whereupon said resolution was declared duly passed and adopted. • Council Mecting Date 02//2 City of Brooklyn Center Agenda Item Number `+ Request For Council Consideration • Item Description: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) FIBERGLASS BODY FOR SIGN TRUCK Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Accepting Quote and Authorizing the Purchase of One (1) Fiberglass Body for Sign Truck Summary Explanation: (supporting documentation attached ) An appropriation of $30,800 was approved in the 1995 central garage capital outlay budget for the purchase of one truck for the sign shop. The City Council authorized the purchase of the truck chassis and cab on January 23, 1995, from Thane Hawkins Polar Chevrolet, Inc. through the Hennepin County Cooperative Purchasing Program in the amount of $16,098. Quotes were then accepted for the fiberglass utility body and two quotes were received. I recommend acceptance of the quote from Truck Utilities Mfg. Co. in the amount of $13,825. • . Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) FIBERGLASS BODY FOR SIGN TRUCK WHEREAS, an appropriation was approved in the 1995 central garage capital outlay budget for the purchase of one chassis, cab, and utility truck body for the sign shop; and WHEREAS, the appropriation was in the amount of $30,800; and WHEREAS, authorization was previously given by the City Council to purchase the chassis and cab from Thane Hawkins Polar Chevrolet, Inc. through the Hennepin County Cooperative Purchasing Program contract in the amount of $16,098; and WHEREAS, two written quotes were received as follows for the fiberglass utility truck body: Company Quote Truck Utilities Mfg. Co. $13,825 • Twin City Truck Equipment 15,939 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) fiberglass utility body for the sign truck from Truck Utilities Mfg. Co. in the amount of $13,825 is hereby approved. 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. Council Meeting Date / 02/27/95 31 City of Brooklyn Center Agenda Item Number C!/ Description: Item Descri P Request For Council Consideration ® RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) DISC -TYPE BRUSH CHIPPER Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: " "Ov No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Accepting Bid and Authorizing the Purchase of One (1) Disc -Type Brush Chipper • Summary Explanation: (supporting documentation attached Y P ( PP g ) An appropriation of $23,000 was approved in the 1995 central garage capital outlay budget for the purchase of one disc -type brush chipper. On January 23, 1995, the City Council approved specifications and authorized advertisement for bids for one (1) disc -type brush chipper. Three bids were received on February 9, 1995. I recommend acceptance of the bid from Vermeer Sales and Service for the Vermeer 1230 in the amount of 17,679. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) DISC -TYPE BRUSH CHIPPER WHEREAS, an appropriation was approved in the 1995 central garage capital outlay budget for the purchase of one (1) disc -type brush chipper; and WHEREAS, the appropriation was in the amount of $23,000; and WHEREAS, three bids were received as follows: Company Bid Vermeer Sales & Service (Model 1230) $17,679 Reach Equipment 18,387 Vermeer Sales & Service (Model 1250) 19,809 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) disc -type brush chipper from Vermeer Sales and • Service (Vermeer model 1230) in the amount of $17,679 is hereby approved. 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. • Council Meeting Date / 02 /27/95 3 City of Brooklyn Center Agenda Itcm Number .Request For Council Consideration • Item Description: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF ONE (1) GOLF COURSE FAIRWAY MOWER Department Approval: Karla Wickre, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Approving Specifications and Authorizing Advertisement for Bids for the Purchase of One (1) Golf Course Fairway Mower • Summary Explanation: (supporting documentation attached Yes } PP g An appropriation in the amount of $26,100 was approved in the 1995 central garage capital outlay budget for the purchase of one fairway mower for the golf course. Attached are the specifications for this fairway mower. If the specifications are approved, an advertisement for bids will be placed in the Sun -Post, and bids would be opened on March 16, 1995, at 11:00 a.m. • 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) GOLF COURSE FAIRWAY MOWER BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Brooklyn Center that the specifications for the purchase of one (1) fairway mower for the golf course are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the purchase of one (1) fairway mower in said 'd accordance with specifications. • 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. CALL FOR BIDS FOR ONE (1) GOLF COURSE FAIRWAY MOWER Sealed proposals endorsed with the title of golf course fairway mower 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 11 :00 a.m. on Thursday, March 16, 1995, 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) Golf Course Fairway Mower 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 bidder'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 fairway mower. No bids will be considered unless sealed and filed with the City Clerk prior to the closing time for receiving . Y P g g 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 K. K. Wickre, Deputy City Clerk Date: February 28, 1995 I II (Published in the Brooklyn Center Sun -Post, March 8, 1995) Provisions And Specifications For One (1) Golf Course Fairway Mower Bid Opening: March 16, 1995 11:00 A City of Brooklyn Center Provisions and Specifications For One (1) Golf Course Fairway Mower GENERAL All bids must be received at the office of the Deputy City Clerk on or before 11:00 a.m. , Thursday, March 16, 1995, and shall be submitted on the enclosed proposal form in a sealed envelope plainly marked "Bid for Fairway Mower". 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 fairway mower 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 of equipment desired. The fairway mower the bidder proposes to furnish must be a current production. Obsolete equipment is not acceptable. Catalog information showing make, model, and complete specifications of the fairway mower the bidder proposes to furnish shall accompany the vendor's bid. Insufficient descriptive information shall be cause for rejection of the bid. The bidder must give assurance to the City of Brooklyn Center in regard to patent infringements and in case of suits against the City by other parties. The bidder must defray all costs in connection with such suit and save the City harmless in all such actions. Bid Security Proposals shall be accompanied with a five percent (5 %) bidder's bond, cash deposit, certified or cashier's check made payable to the City of Brooklyn Center and shall be a guaranty to provide equipment as specified and to enter into an agreement with the City for the complete unit. 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 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. Consideration of Bids The availability of adequacy of parts and service, and the costs of operation and 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 fairway mowers. 2. Length of time the dealer has been handling this product line. g g p 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. Following opening of the bids, the City may require the bidder to submit such additional information as may reasonably be required in order to evaluate the proposed bid for the benefit fh o the City. In addition, the City of Brooklyn Center reserves the right to consider the previous performance of both the dealer and the manufacturer relating to the parts and service records of the City of Brooklyn Center as related to other City -owned equipment. Delive ry Date The successful bidder shall schedule delivery to the City of Brooklyn Center for the earliest possible date. 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 downtime for repairs is very important, it is essential that repair parts and service be adequate and readily available. The bidder shall state clearly in their 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. 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, and travel to existing machines and locations Y � g for demonstration and viewing of such substitute proposal items. This is to be accomplished at no expense to the City of Brooklyn Center. • Specification of Golf Course Fairway Mower • Engine Mitsubishi or equal three (3) cylinder, four -cycle (4), liquid - cooled diesel engine, 23 H.P. minimum, at governed maximum rpm of 3200, 58.1 cv in. Electrical Twelve (12) volt, 530 amperes, maintenance -free battery. 35 amp alternator. Automotive -type electrical seat switch. Reel and traction interlock switches. Fuel Capacity 7.5 gallons diesel fuel, minimum. Controls Foot - operated traction and brake pedals, hand - operated throttle, speed control lever, parking brake lock, ignition switch with automatic preheat or equal. Single joystick control for cutting unit on /off and itt /lower or equal. Cutting unit backup switch. Gauges Hour meter, speedometer, fuel gauge, temperature gauge, warning lamp - oil pressure, water temperature, amps and glow plug or equal. Diagnostics The automated control electronics ACE /tm system or equal. Allows mechanic to find • intermittent problems. Traction Drive Hydrostatic transmission mounted on drive axle or equal. Cab Four -post (4), rollover protective structure (ROPS) canopy sunroof and seat belt. Tires /Wheels Two (2) rear steering tires - 19. 8.50 .8 tubeless, four -ply (4) rating; two (2) front traction drive tires - 26 x 12.00 -12 tubeless, four -ply (4) rating. Main Frame All welded, formed steel frame. Brakes Individual drum -type wheel brakes and parking brakes. Steering Plow steering. Cutting Unit • Equal length lift arm with free - floating breakaway protection or equal. Seat Deluxe high -back suspension seat with arm rests. Reels and Drive Accessories Interchange cutting units or equal. Shall have eight (8) blade cutting units with one (1) spare cutting unit, roller scraper kit, turf compensation kit. Reel motors shall have quick disconnect for removal /installation onto cutting unit. Parts and Service Manuals Two (2) sets of parts and service manuals. City of Brooklyn Center Proposal Golf Course Fairway Mower TO: City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 -2199 We ro ose to furnish and deliver one 1 Golf Course Fairway Mower according P P () g to the Y specifications at the following price: 1. Bid Price $ 2. Less Trade: 1960 Parkmaster Mower - S/N 20130 3. TOTAL BID PRICE $ (Including 6.5% Sales Tax) • 4. Delivery Date (Calendar Days) 5. Warranty 6. Exceptions Signed: Firm Name: Address: Date: Bid Opening: March 16, 1995, 11:00 Am Council Meeting Date 2/27/95 31 Cfty of Brooklyn Center agenda Item Number 6 Request For Council Consideration Item Description: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING PURCHASE OF SECURITY CAMERAS FOR THE LIQUOR STORES Department Approval: Charlie H / MV r Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approval of Resolution Accepting Quote and Authorizing Purchase of Security Cameras for the Liquor Stores Summary Explanation: (supporting documentation attached ) The administration feels the time has come for security cameras to be added to the City's three liquor • stores. Presence of cameras is a deterrent to robberies will rovide identification if a robbery ry were to occur, may help with identification in NSF check cases, and may help resolve disputes regarding customer service between employees and customers. To be most effective, the system should include both audio and video components. The amount of $12,000 was included in the Liquor Stores 1995 Budget. Written quotes were solicited from three vendors. All responded with proposals which met our needs. The lowest cost proposal from Security Advisors appears to be a responsible bid and we are recommending its acceptance. The City Attorney has advised us of the legal requirements for audio surveillance. We intend to post large, brightly colored signs on the front door and at the cash registers warning that the area is under audio and video surveillance. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING PURCHASE OF SECURITY CAMERAS FOR THE LIQUOR STORES WHEREAS, an appropriation of $12,000 was approved in the 1995 Liquor Stores Budget for the purchase of security camera systems for the three liquor stores; and WHEREAS, the administration believes such a system will improve security in the stores and promote the safety of customers and employees; and WHEREAS, the most effective system includes both audio and video components; and WHEREAS, three bids for security camera systems were received as follows: Positive ID Systems, Inc. $13,440.00 Security Advisors $11,925.00 Diversified Security Systems $13,629.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, as follows: 1. that the purchase of three security camera systems from Security Advisors at a total cost of $11,925.00 is hereby approved. 2. that the City Manager is authorized to sign the contract between the City and Security Advisors. 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. Council Mecting Date 2/27/95 31 City of Brooklyn Center Agcnda Itcm Numbe Request For Council Consideration Item Description: Resolution Expressing Support for an Application to the Hennepin Housing Consortium Home Investment Partnerships Program by Mr. George Van Vliet for the Rehabilitation of the Brookdale Ten Apartments Department Approval: Tom Bu itz, Communi Develophle Sped Manager's Review /Recommendation: - All" & ee No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends approval of Resolution Expressing Support for an Application to the Hennepin Housing Consortium Home Investment Partnerships Program by Mr. George Van Vliet for the • Rehabilitation of the Brookdale Ten Apartments. Summary Explanation: (supporting documentation attached Yes ) REVIEW OF COUNCIL WORK SESSION DISCUSSION OF PROPOSED REHABILITATION FOR BROOKDALE TEN APARTMENTS The Council reviewed this item at their February 21 work session. At that meeting, the Council elected not to participate financially in this project, but did support the project and directed staff to prepare a written support of this project to be forwarded to Hennepin County staff reviewing the federal HOME applications. This request form is essentially a recap of the information presented at the February 21 Council work session, without the inclusion of the consideration of City financial participation in the project. The resolution included with this request form supports the application for HOME funds, but does not include any financial participation by the City of Brooklyn Center. PROPOSED REHABILITATION OF BROOKDALE TEN APARTMENTS Over the past few weeks, I, along with Clay Larson, the City's building official, have been meeting with Mr. George Van Vliet to discuss his acquisition and planned rehabilitation of the Brookdale Ten • Apartments. Mr. Van Vliet has signed a purchase agreement for $4,410,000 with the current owner of Brookdale Ten, and, initially, his plans were to close on the project in April 1995 after completion of the due diligence on the project. Initial terms were $300,000 down with seller financing for ten years. Because Request For Council Consideration Page 2 ® of some possible substantial changes in the rehabilitation costs of the project, the closing may be delayed somewhat to coincide with an application and the possible award of federal funds for rehabilitation of the project through the federal HOME program. The HOME application will be addressed later in this memorandum. The purpose of this memorandum is to provide a summary of the project and the staff discussions regarding financing of the project. PROPERTY AND PHYSICAL REHABILITATION PLANS The Brookdale Ten Apartments is a 310 -unit project with all one bedroom units. One of the units is used as an office. There area total of 12 buildings in the complex. The project was constructed in 1969. Presently, there are extensive compliance orders on Brookdale Ten Apartments, copies of which are included with this memorandum. 75 -80 units in the project are now vacant, primarily due to deferred maintenance, the major deferred maintenance item being leaking roofs. Several of the roofs on the upper floors are collapsed and have been exposed to the elements for some time resulting in severe water damage to some of the apartments. Staff has provided copies of compliance orders on the property to Mr. Van Vliet so that he could adjust his rehabilitation plans accordingly. • . The scope of the first -year rehabilitation work on the project includes the following items, with cost estimates provided by Mr. Van Vliet: i 1. Initial inspections by the buyer resulted in an estimate which would replace six roofs at $25,900 each for a total of $150,000. Subsequent inspections during the due diligence period m rind b Mr. Van Vliet has resulted in the discovery o f more roof damage, g , and the estimated cost for this additional work will be $30,000 for a revised total of $180,000. 2. Replacement of 200 sets of appliances (a set includes stove, refrigerator and air conditioning unit) at a cost of $1,250 per set for a total of $250,000. 3. Exterior work as per compliance orders, including repair /replacement of balconies and painting g aintin totaling $100,000 to $200,000. 4. Replacement of carpet in 200 units at a cost of $700 per unit for a total of $140,000, plus an additional $30,000 for hallway carpeting. Total carpeting costs would be $170,000. 5. Replacement counter tops assumes lacement of kitchen floor, bathroom the plumbing repair, fixtures, > g P P ( P P cabinets are generally in relatively good repair), at a cost of $1000 per unit for 200 units totaling $200,000, plus an additional 100 apartments at $1,000 per apartment to repair extensive water damage in these apartments. Note: Mr. Van Vliet has realized that • additional units will require similar repairs, but he is looking at the rehab as a two year project and intends to devote the first two years of cash flow to rehab and will repair the remaining units in the complex as they turn over. Request For Council Consideration Page 3 ® 6. Replacement of blacktop in parking lot. Estimated cost is $100,000. 7. Security system estimated at $36,000. 8. Heating and hot water system repair estimated at $30,000. 9. Mr. Van Vliet would like to include 100 garages in the rehab plan at a cost of $3,500 per stall for a total of $350,000. He has noted that the cash flow from the project will not justify construction of the garages so that garages would only be constructed if additional funds were received from some other source, such as the federal HOME program and /or the City. • Total first year rehabilitation costs: $1,416,000 to 1,616,000. • Mr. Van Vliet has indicated he would bring approximately $250,000 in his own funds to do rehab on the project and would dedicate up to $200,000 per year out of cash flow for the next several years until the rehab is completed. POSSIBLE USE OF FEDERAL HOME FUNDS ON BROOKDALE TEN PROJECT • Mr. Van Vliet has expressed an interest in applying for federal HOME funds for the rehabilitation of the project. Originally, Mr. Van Vliet's plans were to purchase the property with or without the • assistance of either HOME or the City, but with the extensive roof damage he noted on closer inspection of the property, he has indicated HOME funds would be essential to making the project work. • The HOME program is a HUD program and is administered by the Hennepin County Office of Planning and Development. There is $1,537,000 available to the Hennepin Housing Consortium under the HOME program in 1995. $250,000 of this will be set aside for nonprofits. • As a for - profit entity, Mr. Van Vliet can apply for HOME funds without the assistance of the City. The likely amount of the application would be $700,000. • Applicants applying for HOME funds do not need City participation in the project, but as a practical matter, if there is not participation by the local jurisdiction an award of HOME funds may be less likely. There are no written regulations addressing this, but the committee making the HOME awards has, in the past, considered City participation in a project as very important. • There are income restrictions and rent restrictions for HOME funds. The rents, including utilities, are restricted as follows: $377 - efficiency; $483 - one bedroom. Also, based on HOME requirements, it is estimated that one -half of the units would have to be affordable to persons at 60% of area median income and approximately 20 % of the units would have to be affordable to persons of 50% of area median income. • • Currently, 60% of median income level for a one - person household is $21,420 annually. For a two - person household, it is $24,480 and for a three - person household it is $27,540. The 50% of median income levels are $17,850 for a one - person household, $20,400 for a two - person household and $22,950 for a three - person household. Mr. Van Vliet has indicated that the market he is attempting Request For Council Consideration Page 4 to attract is the traditional blue collar and lower income white collar worker, such as retail clerks, etc. He has indicated that he will employ rigorous screening and credit check requirements on all prospective tenants. OTHER PROJECTS OWNED AND MANAGED BY MR. VAN VLIET • Mr. Van Vliet has purchased another property from the owner of Brookdale Ten located in Maplewood which he purchased and rehabilitated using HOME funds. There is a copy of a letter to Barbara Hayden, Director of the Hennepin County Office of Planning and Development, from the Office of the Ramsey County Manager regarding this project in Maplewood called the Golden Star Apartments. As you can read in the letter, Mr. Van Vliet purchased what was considered a distressed building and rehabilitated the property. Essentially, the County was very pleased with the results of this project. • On Friday, January 27,1995, Clay Larson, the City's building official, and I toured two of Mr. Van Vliet's projects, one of which was the Golden Star Apartments in Maplewood. The other property was North Oaks Manor in Osseo. Both the Osseo and the Maplewood projects appeared to demonstrate a good quality rehabilitation. Additionally, the properties seemed very well maintained and the management at both properties seemed to be very much in control of the projects. There are essentially no vacancies at either of these properties. • I took several photos during the tour and will have those available at the council meeting. Essentially, the photos will show both properties to be in very good shape. The Maplewood property looks better, primarily because the building construction is superior to the Osseo project. Also, the Maplewood project received $328,000 in HOME funds enabling more extensive improvements and repairs, including garages. Both projects, however, contained items such as mini blinds provided on all units by the owner. TITLE H TAX CLASSIFICATION Mr. Van Vliet has indicated he will be seeking a Title II tax classification if he is successful in receiving federal HOME funds. Title II is a special tax classification for housing receiving government subsidies and results in a lower tax liability for the owner of the property. Attached to this memorandum is a memo from the City Assessor regarding the Title II tax impact of this project. Essentially, the conclusion of the City Assessor is that the City would not be adversely affected by the Title II classification, assuming the owner performs satisfactorily on the rehabilitation of this project. • LIST OF ATTACHMENTS 1. Compliance Orders on Brookdale Ten 2. Copy of Letter from Ramsey County Manager's Office 3. Memorandum from City Assessor Regarding Title II Tax Impact CITY OF BROOKLYN CENTER DEPARTtifENT OF PLANNING AND INSPECTION (612) 569 -3344 FAX (612) 569 -3494 BI7iLDL tG MALNTENANCE COMPLIANCE ORDER DATE: May 16, 1994 COMPLIANCE DATES: See Below TO: Bennie Rozman 3435 Oakton Drive Minnetonka, MN 55343 c: Delores Confair, 3311 53rd Ave N, #103 Brad Hoffman Bill Clellan, Carson & Clellan LOCATION: Brookdale Ten Apartments First Notice COMPLIANCE OFFICIALS: Matthew Moore, Clay Larson The following violations of the Building Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the COMPLIANCE DATE indicated. Failure to correct violations or to make satis actory arrangements to correct violations acceptable to the compliance official, may result in suspension or revocation of your rental dwelling license if applicable. In addition, failure to comply may result in the issuance of a citation which, upon conviction, is punishable by fine and/or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, r and must be accompanied by a filing fee of $15.00 in cash or cashier's check. If you have any questions or comments, please contact me at 569 -3344, Monday through Friday, between 8:00 a.m. and 4 :30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION ALL BUILDINGS 1. 1i aIEDIATELY: Barricade all decks in nerd of repair.To be done by 5- 23 -94. Barricades are not to be removed until decks have been secured and finaled. 2. Replace all missing and rotten siding and wood window trim. Scrape and paint all wood window trim and deck areas. There has been an attempt made to locate most of these areas on the following pages, but it is required that all areas with missing, broken or unsecured wood in all buildings be repaired and painted. 3 Submit a schedule outlining completion dates for the repair and painting by 5- 31 -94. Failure to do so will result in having the City set the compliance dates for you. Page 2 3433 53rd Avenue North I. Replace address numbers missing from the front of the building. 2. Replace burned out exit light on the first floor by boiler room. 3. Replace rotting wood on west side third floor window. 4. Replace rotting wood on west side ground floor window above deck that is barricaded. 5. Repair broken windows on west side ground floor unit close to boiler room. 6. Repair broken window in electric meter room. 7. Repair all rotted window trim on east side (three areas). 8. Repair rotting wood on ground floor unit with plastic by it on the east side. 9. Repair siding on ground unit on the east side. 10. Scrape and paint all areas of windows and decks. 11. Repair dumpster screening outside of the building. 12. Provide fill around east side corner. 3429 53rd Avenue North 1. Repair siding on the south side of the building that is removed by the window, ground floor, next to south exit. 2. Repair rotting deck boards on decks located on south side, middle of building. 3. Repair broken glass on ground floor next to deck with rotting wood. 4. Replace deck north side of building next to the boiler room. ( Falling down.) 5. Repair picture window and sill ground floor east side next entrance. 6. Repair window sill, middle of building, second floor. Finger joint is coming apart. 7. Repair sills on second and third floor picture windows. These windows are located approximately in the middle of the building. 8. Remove volunteer trees next'to building. 9. Replace rotting deck boards in apartment above Apt ) 10 on the end of the building away from the front entrance. 10. Scrape and paint all wood surfaces on all windows and trim. 3429 53rd Avenue North 1. Window sill needs to be repaired, corner and corner. trim. 2. Repair broken glass in picture window, ground floor, close to south exit. Apartment 8 1. Replace broken window glass in the dining area. 3421 -3425 53rd Avenue North 1. Repair all rotted areas on all decks. 34215' rd Avenue North 1. Repair window trim on the east side of the buildin, corner. 2. Replace missing window sill, third floor, picture windows, next to 3421 east entrance. Page 3 3425 53rd Avenue North 1. Repair broken window in unoccupied unit to the left of 3425 entrance. 2. Repair missing window sill on second floor. 3. Replace deck in the unoccupied unit, third floor, that's being rehabed. 4. Replace window sills, third floor, two picture windows. 5. Repair window sills for picture windows directly facing the highway, second and third floor. 6. Replace missing "three" on the "3425" address on the east side. 7. Remove all large items by dumpster at these two buildings. 8. Scrape and paint all window trim areas and decks. 3315 53rd Avenue North Boiler Room 1. Replace broken windows. 2. Repair ceiling above vent. Exterior 1. Repair lower window sills next to entrance on north side. 2. Replace four window sills on north side. 3. Reattach window trim on picture window, ground floor, west side of the building. * 4. Second floor picture window, same thing. 5. Replace broken glass, south side of the building by the entrance, first floor and second floor, corner units. 6. Repair hole in siding, third floor, middle of building. 7. Replace missing window sill, ground floor, middle of building. S. Scrape and paint all wood trim areas and deck areas that have peeling paint. 3417 53rd Avenue North 1. Repair sidewalk outside of east entrance. 2. Secure siding where cable access has been providers on the east side, second and third floors, and anywhere else where applicable. 3. Repair window sills in the following areas: - Third floor by east entrance, picture window. - Ground floor, middle of building several windows. 4. Provide fill in lower areas next to foundation and slope to drain. 5. Repair hole in siding, third floor, by boiler room. Also repair rotting window sill below hole in siding and window trim around the corner. 6. Repair broken ; lass next to boiler room window. 7. Baricade access to decks in units 201 and 101. 8. Replace decks on units 201 and 101. 9. Missing window trim, ground floor, next to barrcaded decks. 10. Replace corner rotting pieces, second floor. 11. Baricade access to decks for 102 and 202. Page 4 3413 53rd Avenue North 1. Replace all decks for this building. 2. Repair siding middle of building. 3. Scrap and paint all wood surfaces of peeling paint. 4. Install fill next to foundation corner. 5. Replace window trim on west side, ground floor, corner of building. 6. Replace bottom window sill ground floor below deck. 7. Replace all ground floor rotted window sills. 8. Replace missing piece of siding, third floor, same area. 9. Secure siding, third floor entrance. 3417 53rd Avenue North 1. Repair rotting window sill, 4th window down from entrance on the west side. 2. Repair rotting window sill, ground floor further down, close to corner. 3. Repair rotting window sill, second floor close to corner. 4. Repair rotting window sill , corner of building, ground floor. 5. Replace missing address numbers on the south side. 3403 53rd Avenue North 1. Scrape all wood trim areas ( windows, corners) on the west side of building. 2. Broken glass in the corner of the entrance. Repair two windows. 3. Replace missing window sills, same windows. 4. Provide fill by same window near broken glass. 5. Replace missing lower window sill two windows down, right hand side of entrance. 6. Remove volunteered trees from entrance on the 53rd Avenue side. 7. Provide fill around corner. 8. Repair window sills on same side, second floor, by entrance. 9. Repair window sills on same side, first floor, middle of building. Replace missing lower window sill next to same window. 10. Corner of same building, replace missing window sill. 11. Replace window sill by boiler room combustion air vent. 12. Replace deteriorated window sill next to power line feed, second floor. 13. Scrape and paint all areas on decks and window trim of Feeling paint. Exterior Parkin- Lot Area 1. Repair brick wall or remove and install screening fence where back wall has been removed. 2. Remove volunteer trees next to building by telephone access. 3. Trim lame tree at corner, or remove. Page 5 3409 53rd Avenue North 1. Repair broken window, middle of building. 2. Repair siding, second floor, middle of building, next to windows. 3. Repair lower window sills, same area, (4). 4. Remove bird nests from siding and secure, east side. 5. There are six lower window sills and trim areas that need repair, same side. 3409 53rd Avenue North continued v , v 6. Secure loose sidin middle of buildin n iI i 7. Repair siding middle of building that is sticking out. 8. Make additional siding repairs towards the south of the building. 3305 53rd Avenue North 1. Repair siding on the east side of the building each level; second level at corners. 2. Repair siding lower level, middle of the building. 3. Replace broken storm window, middle of building, lower level. 4. Repair rotting window sills in entrance, lower floor, middle floor. 5. Replace missing side corner piece, second floor. 6. Repair or replace vent cover, west side of the building by gas main entrance. 10 7. Repair rotting window sills, lower level, middle of building. 8. Repair approximately five rotting window sills on west side of the building. 3307 53rd Avenue North 1.. Repair window sills on lower level left side of the building (approximately 3). 2. Repair siding on the west end of the building. 3. Repair broken window second floor 4. Replace rotting window sills on third floor. 5. Replace missing siding in the middle of the building, south side. 6. Repair window sills on south side of building p � (approximately 4 ). 7. Replace p missing siding and trim on third flcor, southeast corner. b S. Replace brick or install vent cover by gas main. 9. Replace rotting decks, east side, facing the freeway. 3311 53rd Ave N 1. East side of the building, 8 window sills reed to be repaired. 2. Approximately 12 areas of window and trim need to be repaired on the west side, facing the pool. Page 6 Miscellaneous Parking and Building locations 0 1. Boat trailer with no wheels outside of 3311 Building. 2. South side of 3315 Building, there is a van that does not look mobile, but has a 1994 tag on it, with an old trailer next to it. The van is orange. 3. There is a boat and two other trailers. 4. There is a currently tagged Buick that does not look operable. 5. Building 3425 there is a white pick -up truck with expired tags, 733 GQK is the tag. There is another boat parked in front of this building. 6. On the west side of 3413, Honda, plates, 641 FZD with expired tabs. 7. Site work needing to be done includes: repair all potholes in parking lot, repair or replace all damaged wheel bumpers, repair all damaged or spalled sidewalk, repair all dumpster enclosures, as necessary, remove concrete at southwest entrance of complex, repair fence in the same area of the southwest entrance of the complex, (it is falling down), remove large branches from parking lot area. Repair hole that is cut in the chain link fence facing the highway (if Brookdale Ten's responsibility). CITY OF BROOKLYN CENTER DEPARTMENT OF PLANNING AND INSPECTION (612) 569 -3344 FAX (612) 569 -3494 BUTLDL tG NLALNTENANCE COMPLTAIVCE ORDER DATE: August 1, 1994 COMPLIANCE DATES: See Below TO: Bennie Rozman 3435 Oakton Drive Minnetonka, MN 55343 c: Delores Confair, 3311 53rd Ave N, #103 Brad Hoffman Bill Clellan, Carson & Clellan LOCATION: Brookdale Ten Apartments Final Notice COltiiPLIANCE OFFICIALS: Clayton Larson The following violations of the Building Maintenance and Occupancy Ordinance were cited during a recent inspection of the above premises. You are hereby informed that these violations must be corrected on or before the COMPLIANCE DATE indicated. Failure to correct violations or to make satisfactory arrangements to correct violations acceptable to the compliance official. may result in suspension or revocation of vour rental dwelling license if applicable. In addition, failure to comply may result in the issuance of a citation which, upon conviction, is punishable by fine and /or imprisonment. Section 12 -1202 of the Ordinance provides for Right of Appeal, when it is alleged that a Compliance Order is based upon erroneous interpretation of the Ordinance. The Appeal must be submitted to the Inspection Department, in writing, specifying the grounds for Appeal, within five (5) business days after service of the order, and must be accompanied by a filing fee of $15.00 in cash or cashier's check. If you have any questions or comments, please contact me at 569 - 3344, Monday through Friday, between 8:00 a.m. and 4:30 p.m. DESCRIPTION OF VIOLATIONS AND ORDINANCE SECTION Since you have not responded to our request for a schedule for completion of violations, the following compliance dates are provided. 9 -1 -94 ......Repair all decks as needed, scrape and paint. 9- 15- 94 ..... All exterior items except siding and trim (see below). Repair broken windows, trim trees, replace address numbers, etc., per attached orders. 10- 1- 94 ..... Repair all siding and exterior wood trim. sc ape and paint all wood surfaces. 10- 15- 94....AE other items on attached orders must be complete. You have already had these orders for two months. No extensions will be considered. Page 2 3433 53rd Avenue North 1. Replace address numbers missing from the front of the building. 2. Replace burned out exit light on the first floor by boiler room. 3. Replace rotting wood on west side third floor window. 4. Replace rotting wood on west side ground floor window above deck that is barricaded. 5. Repair broken windows on west side ground floor unit close to boiler room. 6. Repair broken window in electric meter room. 7. Repair all rotted window trim on east side (three areas). S. Repair rotting wood on ground floor unit with plastic by it on the east side. 9. Repair siding on gr unit on the east side. 10. Scrape and paint all areas of windows and decks. --� 11. Repair dumpster screening outside of the building. 12. Provide fill around east side corner. 3429 53rd Avenue North 1. Repair siding on the south side of the building that is removed by the window, ground floor, next to south exit. 2. Repair rotting deck boards on decks located on south side, middle of building. 3. Repair broken glass on ground floor next to deck with rotting wood. 4. Replace deck north side of building next to the boiler room. ( Falling down.) 5. Repair picture window and sill ground floor east side next entrance. 10 6. Repair window sill, middle of building, second floor. Finger joint is coming apart. 7. Repair sills on second and third floor picture windows. These windows are located approximately in the middle of the building. S. Remove volunteer trees next to building. 9. Replace rotting deck boards in apartment above Apt 1#10 on the end of the building away from the front entrance. 10. Scrape and paint all wood surfaces on all windows and trim. 3429 53rd Avenue North 1. Window sill needs to be repaired, corner and corner trim. 2. Repair broken glass in picture window, ground floor, close to south exit. Apartment S 1. Replace broken window glass in the dining area. 3421- 3425 53rd Avenue North 1. Repair all rotted areas on all decks. 34215' rd Avenue North 1. Repair window trim on the east side of the building corner. 2. Replace missing window sill, third floor, picture windows, next to 3421 east entrance. Page 3 3425 53rd Avenue North 1. Repair broken window in unoccupied unit to the left of 3425 entrance. 2. Repair missing window sill on second floor. 3. Replace deck in the unoccupied unit, third floor, that's being, rehabed. 4. Replace window sills, third floor, two picture windows. 5. Repair window sills for picture windows directly facing the highway, second and thud floor. 6. Replace missing "three" on the "3425" address on the east side. 7. Remove all large items by dumpster at these two buildings. 8. Scrape and paint all window trim areas and decks. 3315 53rd Avenue North Boiler Room 1. Replace broken windows. 2. Repair ceiling above vent. Exterior 1. Repair lower window sills next to entrance on north side. 2. Replace four window sills on north side. 3. Reattach window trim on picture window, ground floor, west side of the building. 4. Second floor picture window, same thing. 5. Replace broken glass, south side of the building by the entrance, first floor and second floor, corner units. 6. Repair hole in siding,, third floor, middle of building. 7. Replace missing window sill, ground floor, middle of building. 8. Scrape and paint all wood trim areas and deck areas that have peeling paint. 3417 53rd Avenue North 1. Repair sidewalk outside of east entrance. 2. Secure siding where cable access has been provided on the east side, second and third floors, and anywhere else where applicable. 3. Repair window sills in the following areas: - Third floor by east entrance, picture window. - Ground floor, middle of building several windows. 4. Provide fill in lower areas next to foundation and slope to drain. 5. Repair hole in siding, third floor, by boiler room. Also repair rotting, window sill below hole in siding and window trim around the corner. 6. Repair broken glass next to boiler room window. 7. Barricade access to decks in units 201 and 101. 8. Replace decks on units 201 and 101. 9. Missing window trim, ground floor, next to barricaded decks. 0 10. Replace corner rotting pieces, second floor. 11. Barricade access to decks for 102 and 202. Page 4 3413 53rd Avenue North 1. Replace all decks for this building. 2. Repair siding middle of building. 3. Scrape and paint all wood surfaces of peeling paint. 4. Install fill next to foundation corner. 5. Replace window trim on west side, ground floor, corner of building. 6. Replace bottom window sill ground floor below deck. 7. Replace all ground floor rotted window sills. 8. Replace missing piece of siding, third floor, same area. 9. Secure siding, third floor entrance. 3417 53rd Avenue North a 1. Repair rottin window sill, 4th window down from entrance on the west side. 2. Repair rotting window sill, ground floor further down, close to corner. 3. Repair rotting window sill, second floor close to corner. 4. Repair rotting window sill, corner of building, g floor. 5. Replace missing address numbers on the south side. 3403 53rd Avenue North 1. Scrape all wood trim areas ( windows, corners) on the west side of building. 2. Broken glass in the corner of the entrance. Repair two windows. 3. Replace missing window sills, same windows. 4. Provide fill by same window near broken glass. 5. Replace missing lower window sill two windows down, right hand side of entrance. 6. Remove volunteered trees from entrance on the 53rd Avenue side. 7. Provide fill around comer. 8. Repair window sills on same side, second floor, by entrance. 9. Repair window sills on same side, first floor, middle of building. Replace missing lower window sill next to same window. 10. Corner of same building, replace missing window sill. 11. Replace window sill by boiler room combustion air vent. 12. Replace deteriorated window sill next to power lire feed, second floor. 136 Scrape and paint all areas on decks and window trim of peeling paint. Exterior Parkins Lot Area 1. Repair brick wall or remove and install screening fence where brick wall has been removed. 2. Remove volunteer trees next to building by telephone access. 3. Trim large tree at corner, or remove. Page 5 3409 53rd Avenue North 1. Repair broken window, middle of building. 2. Repair siding, second floor, middle of building, next to windows. 3. : Repair lower window sills, same area, (4). 4.. Remove bird nests from siding and secure, east side. S. There are six lower window sills and trim areas that need repair, same side. 3409 53rd Avenue North continued 6. Secure loose siding, middle of building. 7. Repair siding middle of building that is sticking out. 8. Make additional siding repairs towards the south of the building. 3305 53rd Avenue North 1.. Repair siding on the east side of the building each level; second level at corners. 2. Repair siding, lower level, middle of the building. 3. Replace broken storm window, middle of building, lower level. 4. Repair rotting window sills in entrance, lower floor, middle floor. 5. Replace missing side corner piece, second floor. 6. Repair or replace vent cover, west side of the building by gas main entrance. 7. Repair rotting window sills, lower level, middle of building. 8. Repair approximately five rotting window sills on west side of the building. 3307 53rd Avenue North 1. Repair window sills on lower level left side of the building (approximately 3) 2. Repair siding on the west end of the building. 3. Repair broken window second floor 4. Replace rotting window sills on third floor. 5. Replace missing siding in the middle of the building, south side. 6. Repair window sills on south side of building (approximately 4 ). 7. Replace missing siding and trim on third floor, southeast corner. 8. Replace brick or install vent cover by gas main. 9. Replace rotting decks, east side, facing the freeway. 3311 53rd Ave N 1. East side of the building, 8 window sills need to be repaired. 2. Approximately 12 areas of window and trim need to be repaired on the west side, facing the pool. Page 5 Miscellaneous Parking and Building locations 1. Boat trailer with no wheels outside of 3311 Building. 2. South side of 3315 Building, there is a van that does not look mobile, but has a 1994 tag on it, with an old trailer next to it. The van is orange. 3. There is a boat and two other trailers. 4. There is a currently tagged Buick that does not look operable: 5. Building 3425 there is a white pick -up truck with expired tags, 733 GQK is the tag. There is another boat parked in front of this building. 6. On the west side of 3413, Honda, plates, 641 FZD with expired tabs. 7. Site work needing to be done includes: repair all potholes in parking lot, repair or replace all damaged wheel bumpers, repair all damaged or spalled sidewalk, repair all dumpster enclosures, as necessary, remove concrete at southwest entrance of complex, repair fence in the same area of the southwest entrance of the complex, (it is falling down), remove large branches from parking lot area. Repair hole that is cut in the chain link fence facing the highway (if Brookdale Ten's responsibility). =0rl HE-4i =Q F,: =F FLhiG _. L L' TO =U} L'r h! CFPITCF: P. Cl OM(x of the County Manager Terry Sc:tuaen, County Manager 2.50 Court House 15 vest Kellogg Boulevard Tel: 612-266 -8000 RAMSCYCCUtm St. Paul 55102 Fax: 612 -266 -8089 January 12, 1995 Barbaana Hays en, Director Community Development Block Grant Program for Rennepin County 10749 Wayzata Boulevard Suite 260 Minnetonka, Nfq 55305 SUBJECT: RENTAL REHABILITATION Dear Barb: Recently you asked for information regarding Ramsey County's participation in the Golden Star arttr_ A pr c, C .P enr R..hahiii' anon �o'e,,, owned by Geor Van VIi..t and p artners. �,%e a.-e leased to F ed � � _ F F p rovide the inf d relationshi w g inf Lion you re..ueste.. an are pleased with the g e have had with this group to date. Mr. Van tiiiet gt+rchased Galde :� S tar from the Resaintion Trust Corporation prior to initiating dis cussion with Ramsey County. it was clear a dis,essed building and one which had be subject to both physical and social deterioration. He came to us with a proposal to improve the property and had the baelrng of the City of Maplewood. Total project cost was proposed at $700 =0. R amsey C ount r used �328,GCO L. Home fur:dincr to as sist ur tiro projcct. 0,-: AT,--ement specifies that of the 109 total units that comprise Golden Star, 42 must be affordable for 5 years at tl:e 65 percent of il-icome level and I 1 at the 50 percent level. The total number of r_'Oi4 units is 54 and was based on the propo of HONTE fends in the project. The loan was was made at 2% and amcrdzed over, 30 ye h owever there is a balloon at th end of nf:eer. years. Interest charQQrl ar, the loan begins at 10 months after closing Lnd the first payment is due 12 months frori closing (Njav 1, 1995), At INir. Van Vliet's request, there is no prepayment penalty The Environmental Review Record was completed by planners at the City of Maplewood and Mr. Van VLet has been diligent re labor standards dx-arnentation. (Originally Kirk Schnit�ker's P:ofessioral Redevelapme, t Resoura.-s was going to ailminismr the project on behalf of the City of Mapiew ed, but tEs has not proven necCssary and we have worked directly with Mr. Van V1iet.) W e aiso tried to limit our use of fungi ti. u chase of a pp liances =d oth i tems that would only equ� incidental labor or to major sir, ,,le contractor experid -s such as it P! 17 -1' _ 1'= -t? F=i 1, HEN! DD OF i �F FUIG 1 DF_'J TO EF.=F- 1 1:EhiT"_ F. C construction of garages and installation of hearing systems. Mr. Van Vliet has been very cooperative throughout the entire process - -with HOME, and participation is a Consortium, every project tends to have its own quirks in procedures that create unforseen snags. The Golden Star group has always been axle to "go with the flow" and has provided everything we've asked for. Perhaps most important is the turn - around that's been achieved! Maplewood officials are pleased with the progress and with the results they can already see -- adjacent property owners appear to be reinvesting, the criminal activity is down and the property has home a good "corporate cid -zen" again. Hope this is what you were looldng for. If you'd like more detail, please don't hesitate to give me a call. Sincerely yours, Denise Beigbede: Cozmu;tiry and Economic Develop" ent City of Brooklyn Center A great place to start. A great place to stay. MEMORANDUM TO: Tom Bublitz, Community Development Specialist FROM: Mark Parish, City Assessor % W DATE: February 15, 1995 RE: Brookdale Ten Apartments Title II Tax Impact Per your request, I have reviewed the valuation and tax situation of Brookdale Ten Apartments and the impact on city taxes and total taxes should the property be reclassified from apartments to a Title II or subsidized housing classification. The benefit of the Title II property tax classification is that the building portion of the total market value has a lower tax capacity than would be the situation if it were a typical apartment property. Depending on a specific property's land to building ratio, the tax savings can approach 20 percent for this classification over the standard apartment classification. Referring to Brookdale Ten specifically, the 1994 market value for taxes payable in 1995 was $3,875,000 or $12,500 per unit. The estimated taxes on this property are $40,350 to the city and a total of $184,450. If this property had been classified as Title II for pay 1995, the city portion would be estimated at $32,520 and the total taxes at $148,650. This would represent a reduction in the city portion of approximately $7,830 and a total tax reduction of approximately $35,800. As one can see, there is significant cash flow benefit to an owner who could realize nearly a $3,000 per month tax savings through qualification for this classification. While on the surface it appears that reclassification of this property would result in lost revenues of approximately $8,000 to the city, the actual result is a modest decline in the total tax base and a slight increase in the tax rate applied to all taxable property. In other words, the $8,000 is not, in fact, lost but reabsorbed within the tax base. Therefore, I do not believe the loss of this amount would be detrimental to the City of Brooklyn Center. The upside of the property qualifying for Title II classification is that the cash flow is improved allowing the owner to either realize a higher return or invest more of the cash flow into maintenance and renovation of the property. I believe the city would directly benefit if a new owner of Brookdale Ten could enter into some sort of agreement whereby the City could be assured that there was a commitment to the subject property and a willingness to reinvest tax savings in the property. From what I have heard to date. a party with a track record of prudent management is interested in acquiring Brookdale Ten. I believe that with prudent management and a commitment to invest in the subject property, the value can increase, which will have an offsetting affect on the lower tax rate classification. 6301 Shingle Creek Pkwy, Brooklyn Center, DIN 55430 -2199 • City Hall & TDD Number (612) 569 -3300 Recreation and Community Center Phone & TDD Number (612) 569 -3400 • FAX (612) 569 -3494 An Affirmative Action /Equal Opportunities Employer Tom Bublitz February 15, 1995 Page Two For the 1995 value taxes payable in 1996, I am proposing an increase in the market value to $4,185,000 or $13,500 per unit. As recently as 1989, the subject property had a value in excess of $5,000,000. I believe that it is reasonable to expect that new ownership with a commitment to reinvest in the property could result in an increased valuation at Brookdale Ten to a level of approximately $17,000 per unit, or $5,270,000. I believe this higher value could be obtained in a short time period, say one or two years. Even with the lower tax rate, Title II classification, a market value of $17,000 per unit would result in a city tax portion of approximately $42,350 and a total tax liability estimated at $193,500. Even with the lower tax rate classification, the tax revenues received by the city and other entities would increase with the investment of this property. In conclusion, I do not believe that the city would be adversely affected by a reclassification of Brookdale Ten from apartment to Title 1I or other subsidized housing classification. P g Whatever tax base loss would occur would be minimal and unnoticed. The upside in terms a a of stabihzm t he subject v e value of both the subject roe e s b ct roe and ham th 1 .. J property J property rtY and the P P surrounding area be enhanced through investment at Brookdale Ten would far outweigh any short term tax base consequences. I believe it is in the best interest of the City, the tenants, and the surrounding property owners to make reasonable accommodations or contributions to a responsible investor who wishes to improve Brookdale Ten. If you have any additional questions or comments on this matter, please feel free to contact me at 569 -3355. MPP:kjm Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING SUPPORT FOR AN APPLICATION TO THE HENNEPIN HOUSING CONSORTIUM HOME INVESTMENT PARTNERSHIPS PROGRAM BY MR. GEORGE VAN VLIET FOR THE REHABILITATION OF THE BROOKDALE TEN APARTMENTS WHEREAS, the Hennepin Housing Consortium was created as a means for 45 suburban communities of Hennepin County to receive and expend funds provided through the Home Investment Partnerships Program (HOME); and WHEREAS, the Hennepin Housing Consortium has been allocated $1,537,000 in 1995 under the federal Home Investment Partnerships Program (HOME); and WHEREAS, Mr. George Van Vliet has indicated he will be submitting an application for financial assistance from the Hennepin Housing Consortium Home Investment Partnership Program for the rehabilitation of the Brookdale Ten Apartments, a 310 -unit complex located at 3305 -3333 53rd Avenue North in Brooklyn Center; and WHEREAS, the Brooklyn Center City Council has reviewed the planned rehabilitation of the Brookdale Ten Apartments as proposed by Mr. George Van Vliet. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The Brooklyn Center City Council supports Mr. Van Vliet's application to the Hennepin Housing Consortium Home Investment Partnership Program (HOME). 2. The rehabilitation proposed by Mr. Van Vliet will substantially help to preserve the supply of quality rental housing in the City of Brooklyn Center for persons of low and moderate income. 3. The Brooklyn Center City Council supports the substantial rehabilitation proposed by Mr. Van Vliet in his application and recognizes this as a commitment to the long -term improvement and preservation of rental housing in the City of Brooklyn Center. 4. Staff is hereby directed to forward a copy of this resolution to the Hennepin County Office of Planning and Development staff and the Hennepin County Home Investment Partnership Program selection committee. RESOLUTION NO. 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. Council Meeting Date February 27, 1995 City of Brooklyn Center Agenda Item Numbe f tion: Item Descri Request For Council Consideration p License to Utilize Explosives Permits for The Howe Company Department Approval: 26myt— *0�6� Sharon Knutson, Deputy City Clerk Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve license for The Howe Company to utilize explosives permits subject to following conditions. Summary Explanation: (supporting documentation attached No ) • Section 35 -413.2 of the Brooklyn Center City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at The Howe Company facility, 4821 Xerxes Avenue North, Brooklyn Center, Minnesota. 1. The permit is issued to The Howe Company, 4821 Xerxes Avenue North, Brooklyn Center, and is nontransferable. 2. The Howe Company shall continue to use a two - component compound, kinestik, or a similar two - component compound. 3. The Howe Company shall comply with all applicable federal, state, and local legislation governing the transportation, storage, handling, and detonation of explosives. 4. The Howe Company shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to The Howe Company. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire March 27, 1996. Council Meeting Date February 27, 1995 3 City of Br ooklyn Center Agenda Item Numbe is Item Descri tion: Request For Council Consideration tI P Licenses Department. Approval: J Sharon Knutson, Deputy City Clerk /jzgft� Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Approve following list of licenses. Summary Explanation: (supporting documentation attached No ) AMUSEMENT DEVICES - OPERATOR Qa • Rookies Bar 1501 Freeway Blvd. •U City Clerk Alk AMUSEMENT DEVICES - VENDOR Marcus Vending, Inc. 1945 Lochaven Place 4AdskA City Clerk MECHANICAL SYSTEMS Albers Sheetmetal & Ventilating, Inc. 200 W. Plato Blvd. l OL Building Official 4).L RENTAL DWELLINGS Initial: Jon R. Veard The Pines Apartments Kim La Corporation 3601 47th Ave. N. Renewal: Vinh and Ha Ly 6007 Brooklyn Blvd. M.B.L. Investment Co. 3613 47th Ave. N. Michael Boyle /Donald Wilson 3713 47th Ave. N. Lucille Hanggi 3725 47th Ave. N. Director of l • Community Development TAXICAB Town Taxi 2500 Washington Ave. N. City Clerk ,Qy- Council Meeting Date 2 -27 -95 31 City of Brooklyn Center Agenda Item Number Y a, Request For Council Consideration Item Description: Planning Commission Application No. 95002 submitted by Joy Anderson Department Approval: (a - Ronald A. Warren, Planning and Z i S Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: This application was recommended for approval by the Planning Commission at its February 16, 1995 meeting subject to conditions of approval. • Summary Explanation: (supporting documentation attached ) Planning Commission Application No. 95002 submitted by Joy Anderson, 1201 73rd Avenue North, is a request for special use permit to operate a wholesale greenhouse business as a home occupation. This application was considered by the Planning Commission at its February 16, 1995 meeting. Attached are minutes and information sheets from that meeting, a map of the area and site plan. • Planning Commission Information Sheet Application No. 95002 Applicant: Joy L. Anderson Location: 1201 73rd Avenue North Request: Special Use Permit The applicant requests special use permit approval to conduct a home occupation involving a wholesale greenhouse operation at 1201 73rd Avenue North. The property in question is zoned R -1 (one family residence) and is bounded on the east, south and west by single family homes and on the north by 73rd Avenue North, which is the municipal boundary between the cities of Brooklyn Center and Brooklyn Park. The area on the north side of 73rd Avenue North is also a primarily single family residential neighborhood. Home occupations that involve the use of an accessory structure on the property are classified as "Special Home Occupations" requiring the granting of a special use permit by the City Council before such home occupation can be undertaken. The applicant is planning to erect a 14 ft. by 24 ft. greenhouse in her back yard in order to grow plants organically that will be wholesaled to others. In a letter accompanying her application, Ms. Anderson has indicated that she will be the sole proprietor of the business, and as a wholesaler, she will be delivering plants to her customers with the use of her own pick up truck. She plans to build a non - permanent greenhouse from a kit consisting of a frame set on 1 inch by 6 inch boards held in place by 24 inch stakes. Seven galvanized steel hoops spaced at 4 ft. intervals connected by 12 ft. purlins will support a double layer clear polyethylene covering. A door located at one end of the structure will be supported by a wood frame. The applicant indicate he nature in i grow plants organically without pesticides, pp s t t o of her business s to g o p g y p , herbicides, insecticides or fungicides. Activity will be limited to daytime hours, which will vary depending upon the amount of daylight. She believes the business will be quiet and she will not disturb her neighbors. The activity level should be no more than that associated with a person conducting a garden. There will be no retail sales conducted on the property, and the applicant has indicated she will be delivering material to her customers. Also, there will be no advertising on the property associated with the business. All in all the staff sees this as a very low level home occupation. Special home occupations are allowed to be conducted under the city's zoning ordinance provided they are clearly incidental and secondary to the residential use of the property. This is a special home occupation only because it involves the use of an accessory building. It should be noted that no special approval would be required if Ms. Anderson would be erecting such a greenhouse to grow plants for her own use. Because it is for a business purpose, the activity becomes a matter for special use permit approval. The main concern related to this home occupation is allowable accessory structures. The Building Official has reviewed the information submitted and has determined that a building permit is not required for this non - permanent structure. The applicant has indicated that it will be dismantled, although not completely, in the fall of the year. However, the applicant must comply with the accessory building limitations in the zoning ordinance, which limits accessory buildings to no more 2 -16 -95 1 than two, the total ground coverage of which cannot exceed the ground coverage of the principal building. The applicant has indicated she will remove two small storage sheds on the property to come into compliance with the accessory building limitation. It should be noted that the city's nuisance ordinance regulates the parking and storage of vehicles over 9,000 lbs. gross vehicle weight, 21 ft. in length and 8 ft. in height. Vehicles exceeding these limitations cannot be utilized for the home occupation. The applicant's pick up is an acceptable sized vehicle. I have received one call concerning the notices that were sent out. That call expressed aesthetic concerns about a compost structure located in the front yard, near the east property line. Although this structure is not part of the proposed home occupation and, to my knowledge, is not in violation of city ordinances, the applicant has agreed to move it to the back yard next to the garage. A public hearing has been scheduled and notices of the Planning Commissions public hearing have been sent. All in all, this appears to be a very low key home occupation which should not cause problems in the neighborhood if it is conducted in the manner outlined by the applicant. Therefore, we would recommend approval of this special use permit, subject to at least the following conditions: 1. The special use permit is granted only for a wholesale greenhouse operation. The use may not be altered or expanded in any way beyond that which is comprehended under this application without first securing an amendment to this special use permit. 2. No retail sales of a re nh may be conducted from the prop e ouse products b P Y 3. The special regulations. An ecial use permit is subject 1 applicable codes ordinances and e s e ct to al a P P J PP � b Y violation, thereof, may be grounds for revocation. 4. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the city ordinances. 2 -16 -95 2 -,vv e AvL fs .L L I 1 T- '3AV _� �� ONX _ • ( 1 KNOX AVE N < 1800 > a 'N '3AV S3f'Nf v, cl JAMES AVE N m 1700 • r�r � 1dI � IRVING AVE. N. > �,. �; IRVING AVE N ., N AV 9NIA _ z 1600 10100MnH '3AV 'N _ Z ------ HUMBOLDT AVE N 1500 N. AVE. GIRARD AVE N GIRARD - ' `j - -- — 1400 > > 8 FREMONT AVE. N. ? _ FREWff AVE N 1300 r R' NOS'dW o AV_E o -0 EMERSON AVE N _N_•3AV NOV _ 1200 CD fil p r. r _ N )A, -- 4= `" 0 DUPONT AVE N . •3�pd(14 _ - - -- - -- -- 1100 °►—° COLFAX AVE N � •3AV xvA,o3 __ � t000 BRYANT AVE N •N *3 1 N V \ ♦ ' �p 1,18 ,< >♦ .0 > k 900 •'�♦ •'� %\ �♦• 'b • �� ,�`. ALDRICH AVE N •3 AV F0 IV - ` �♦� �:. , 800 X �X, > X ' ♦��' ♦� rfr CAMDEN AVE N 1 inn �' o� �r derso>1 yv iT ou S� S �►�- �o Feet Nei�}��ioY'S ygrcl L, woad Priuot� e - N be r.s � I ,cl U. � 1 G a- � � 4' � I iUe;%hbors ay' o GA rage Garage. LL � v CiiSE � � ep s 3 � � � — Choin Ink Fence � Q p en 39'> _ M -The a I Vcg et4bte Neig►6ors � Garden i 1 e �- t 6 H ; . a e o Dr. ue 3 I v Tree January 26, 1995 Brooklyn Center Planning Commission, I am requesting a special home occupation permit. The nature of the business I am proposing is a wholesale organic plant nursery. This is a seasonal business which will be secondary to my primary occupation as a Registered Nurse. Using a kit, which is manufactured locally, I plan to build a 14'x24' greenhouse in my backyard. It will be a non - permanent structure with no part of its foundation being built into the ground. The frame, which will be set on 1 "x6" boards and held in place by 24" stakes, consists of seven galvanized steel hoops spaced at 4' intervals and connected by six 12' purlins. The covering is a double -layer clear polyethylene; the door will be supported by a wood frame. The nature of the business is to grow plants organically, there- fore no harmful pesticides, herbicides, insecticides or fungi- cides will be used. As a sole proprietor, and the only employee, I will use my own light - weight truck for the business. As a wholesaler, I will be delivering plants to my customers. Hours of operation will be daylight and will vary. A P.O. Box will be used as a business address, and no advertising will be done on the property. This is a quiet business; my neighbors will not be disturbed. I hereby submit my proposal for approval by the planning comm- ission. Thank you for your consideration. Sincerely, Joy L. Anderson MINNESOTA DISTRIBUTING & MFG., INC. ASSEMBLY INSTRUCTIONS 14' SPRING HOOP HOUSE CENTER HEIGHT 1.) Separate and count all parts. 2.) Always start with a level surface for your greenhouse: Take into consideration any possible expansion direction for future needs. 3.) Standard 14" Model has 4 on center hoop spacing. Other options available. 4.) Start by laying out your greenhouse with four wood stakes set at 14' on center width and length determined by user. Run lines on all stakes to make a rectangle. After lines are set stake out the balance of your socket locations as per your appropriate bow spacing. After all lines and stakes are set you can level your lines to your surface. 5.) Dig your holes for your hoop socket installation. (If you do not us cement, a duck bill earth anchor every third hoop is recommended.) Pre drill holes even without cement. Be careful not to damage the to of the hoop sockets. 6.) Hoop sockets for the 14' Hoop should be placed on one side with the swaged end up, doing all sockets on that side the same. On the opposite standard 1.315 pipe is used as the hoop has the swage for fitting into the socket. 7.) If,:you have optional extended sidewalls place sockets into cement to leave your desired sidewall height. 8.) After sockets are leveled .let cement dry. 9.) When`cement dry, place hoops on . and into sockets attaching with a , 3/4" tek screw placed into hoop hole. 10.).When all hoops are in place attach the purlins. If you have the standard , single purlin model place it directly down the center of all hoops attaching as per enclosed drawing with purlin clamps. The purlins will be used to hold your hoops at their correct spacing. If you have the optional 3 purlin model space your two extra runs at equal distance the center purlin at whatever distance you may desire. Use a tek screw to connect each purlin at the swaged joint. Also place a'3%4" tek screw into your end purlin on each side of the purlin clamps-that are attached to the last hoop. This will prevent slipping out of the clamp. 11.) Next attach your baseboard using a 2 11 x 12" or 2 11 x 10" board running t ground level with our optional base board clamps. If you have optional extended sidewalls a baseboard at ground level and the 3' mark is recommended. 12.) Gable end framing is self designed to suit the needs of the individu owner. Wood is used most often. For suggestions please call. 1500 Jackson St., N.E. • Mpls., MN 55413 • 612 -781 -6068 FAX: 781 -8693 1 /3t /9s �x d �1 M 4 \Y #:a e f 35 -900 But shall not include the following: 1. Garages, open porches, and open patios. Floor /area ratio - The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. Garage, private - An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Garage - school bus - A building, or portion of a building, used for the storage of school buses (defined in M.S.A. Section 169. 01, Subdivision 6) , or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. Green Strip - An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, and maintained expressly for such purpose. Group Day Care Facility - A facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. Home Occupation - Subject to the further limitations of Section 35 -405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation. Special - Subject to the further limitations of Section 35- 406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Hospital - An institution licensed by the state Department of Health primarily engaged in providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Hotel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. 35 -406 4. No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35 -220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. C. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of merchandise produced off the lot. Section 35 -410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 1. All storage shall be contained wholly within an enclosed building. 2. The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by y the zoning fficial and sanitarian. rian. 3. Where a proposed R3, R4, R5, R6, or R7 development abuts an Rl or R2 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than P P p h 25 feet wide i in the case of R6 and R7 uses and not less than 15 f eet wide in the case of R3, R4 and R5 uses. The protective strip shall contain an opaque fence or a Council approved substitute. The protective strip shall be a P p landscaped and not be used for arkin P g, garages, driveways, off - street loading or storage. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the multiple dwelling area. A proposed fence shall be no less than four feet in height and shall not extend within 10 feet of any street right -of -way. Section 35 -405, ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 2. No home occupation shall involve the use of any accessory structures or installations. 3. No home occupation shall involve the use of equipment other than that customarily found in a residential dwelling unit. 4. No home occupation shall involve the retail sale of merchandise produced off the lot. 5. No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. 6. No home occupation providing day care shall serve more than twelve (12) children in the R1 district, five (5) children in the R2 and R3 districts, or five (5) children, including children of the family occupying a dwelling unit in other residential districts (R4 through R7). This subsection is not intended to supersede any lease arrangements which may be more restrictive. 7. No home occupation shall cause traffic congestion on the lot containing the home occupation or on the streets adjacent thereto. °. No automobile parking related to the home occupation shall be permitted on the street. Section 35 -406. ADDITIONAL REQUIRE.M.ENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35 -220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35 -310 and Section 35 -311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. Tim?Sar�i' Sec. - - B CE NTER P(A MINUTES OF THE PROCEEDINGS OF THE P COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 16, 1995 CALL The Planning Commission met in regular session and was called to order by Chairperson Willson at 7 ;35 P .m, ROLL CALL Chairperson Tim Willson, Cotn.nissioners Donald Booth, Mark Holmes, Graydon Boeck and Ella Sander, Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Ruth Ntcl .aaurin. Chairperson Willson noted that Commissioner Diane Reem had previously noted that she would be unable to attend this evening's meeting and was, therefore, excused, APPROVAL OF MINUTES - JANUARY 12 199` There was a motion by Commissioner Holmes and seconded by Commissioner Wilson to approve the m1nutes of the January 12, 1995, Planning Commission meeting as submitted. Vote; 2 aye - 0 nay - 3 abstain, Commissioners Boeck, Sander and Booth abstain. The motion passed, OATH OF OFFICE The Secretary administered the Oath of Office to newly appointed Commissioner Graydon Boeck. CHAIRPERSON'S EXPLANTATION Chairperson Willson explained the Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The. City Council makes all final decisions in these matters. APPLICATION NO. 95002 Chairpersuri W illsufl i1 —Wd the first item of business, a request from M:3. Joy Anderson for a special use permit to operate a wholesale greenhouse business as a home occupation. 2 -16 -95 1 T1meSacer Sec. - - B CENTER POy The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 95002, attached), The Secretary noted one phone call was received from a neighbor regarding the compost structure. in the front yard, although this is not an issue regarding the application, thG applicant has agreed to move the compost to the rear yard. The Secretary indicated the Commission might consider adding a condition stating the two small sheds be removed, so as to comply with the ordinance relating to accessory buildings. PUBLIC HI,ARING (APPLICATION NO. 95002) Chairperson Willson asked for a motion to open the public hearing on the request for a special use permit to operate a wholesale business as a home occupation at 7.52 p,m. There was a motion by Commissioner Booth and seconded by Commissioner Sander to open the public hearing, The motion passed unanimously,. Chairperson Willson asked if there was anyone present who wished to address the Commission. The applicant, Ms. Joy Anderson stepped forward t:) answer any questions. Commissioner Sander inquired as to what was currently in the storage sheds. Ms. Anderson noted boxes and miscellaneous items. Commissioncr Sander inquired where the items would be stored after the sheds were removed. ibis. Anderson indicated the items would be stored in the garage or in the house. Commissioner Boeck inquired if the applicant h;ad spoken with her neighbors. leis. Anderson indicated she had spoken with the three neighbors surrounding her, only one neighbor had a concern, and this was the compost site, not the greenhouse. Commissioner Boeck inquired if the neighbor to the south had been contacted. Ms. Anderson indicated that they had not been contacted, since they have a large privacy fence they would not be affctcted, Commissioner Boeck inquired if there were any concerns regarding the neighbor to the south, the size of their rear yard and the location of the proposed greenhouse. The Sccrctaty noted the greenhouse would be 15 feet from the rear line, and the neighbor's rear y ard is required to be 307-0 of the lot. Ms. Anderson assuirod the Commission the neighbor's rear yard was quite large. Commissioner Booth inquired if the applicant would be using any temporary lighting at night. leis. Anderson indicated no, that solar lightir�g would be used. 2 -16 -95 2 T1meSayer Sec. --- B CENTER Poi Commissioner Booth inquired if the greenhouse would be dismantled in the fall. Ms. Anderson indicated the plastic covering would bo removed, but the frame would remain. Commissioner Holmes inquired where the applicant would store supplies. Ms. Anderson indicated she would stare items in the garage, Ms. Julie Berry, a resident, inquired if there would be any safety concerns in regards to wind. Ms. Anderson indicated the building is similar to those use throughout the metro area and the building is quite secure. Chairperson Willson called for any more questions for the applicant or for anyone else to speak at the public hearing. CLOSE PUBLIC HEARING There was a motion by Commissioner Holmes and spcpnded by Commissioner Booth to close the public hearing at 8:02 p.m. The motion passed unanimously. ACTION RECOMMENDING APPROVAL OF APPLICATION N4 9500' Chairman Willson indicated he wish to add a condition relating to the removal of the sheds. There was a motion by Commissioner Sander and seconded by Commissioner Boeck to recommend approval of Application No. 95002 submitted by Nis. Joy Anderson subjuc:t to the following conditions, 1. The special use permit is ranted only for a wholesale greenhouse op eration. The P P g � g P use may not be altered or expanded in any way beyond that which is comprehended under this application without first securing an amendment to this special use permit. No retail sales of greenhouse products may be conducted from the property, �. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for ri,vocation. 4. Vehicle parking on the property shall be in compliance with Section 19 - 103, Subdivision 12 of the city ordinances, 5. The two small sheds are to be removed prior to the greenhouse construction, so as to comply with the accessory building ordinance. Voting in favor: Chairperson Willson, Commissioners Boeck, Booth, Holmes, and Sander. The motion passed unanimously. The Secretary noted that the application will be referred to the City Council for their Fehniary 27, 1994, meeting. The applicant is regv.ired to be present at the City Council 2 -1b -95 3 T1meSa�er Sec. - — B CENTER Poo meeting. If any changes or modifications are made to the plans prior to City Council consideration, they must be brought back before the Planning Commission for review. OTHER BUSINESS The Secretary noted application 94016 at the request of the applicant is still tabled until the church has further tinge to review the application. The Secretary indicated the issues should be resolved soon, hopefully for the next Commission meeting. The Secretary noted the packets for the Neighbor Advisory Committees arc complete, he indicated, anyone who still wishes to be a member or participate on the Neighborhood Advisory Committees to please contact him, The Secretary noted the Planning Commission Roster is complete, as of April 1st, Commissioner Sander will be resigning. The Secretary encourage anyone who wishc ,,, to apply for the Planning Commission can forward their application to Sharon Knutson or the Mayor. The Secretary noted in the next few months there could be possible ordinance amendments relating to adult uses. The Council may proceed with a moratorium and the Plannin Commission will review them. Discussion was held regarding upcoming developments.and issues. ADJOURNMENT There was a motion by Commissioner B peck and seconded by Con Booth to adjourn the mectin; of the Planning Commission, The motion passed unan The Planning Commission adjourned at 8:25 p.m. Chairperson Willson Recorded and transcribed by: Ruth McLaurin TimeSavcr Off Site Secretarial 2 -16 -35 4 Council Meeting Date February 27, 1995 City of Br Center Agenda Item Numbe 3 Description: Item Descri P Request For Council Consideration • Mayoral Appointments: Financial Commission (2 vacancies) Human Rights and Resources Commission (1 vacancy) Department Approval: Sharon Knutson, Deputy City Clerk V, /�. / 9 ; 6 �-,/ Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint two (2) members to the Financial Commission: One member to fill the vacancy of Denis Kelly whose term shall expire December 31, 1995; and • One member to fill the vacancy of Vi Kanatz whose term shall expire December 31, 1997. • Appoint one (1) member to the Human Rights and Resources Commission: One member to fill the vacancy and whose term shall expire December 31, 1997. Summary Explanation: (supporting documentation attached Yes ) Financial Commission Notice of vacancies on the Financial Commission was published in the January 26, 1995, NorthWest News and was posted at City Hall and Community Center and aired on Cable Channel 37 from January 23, 1995, through February 23, 1995. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission informing them of the vacancies and encouraging them to call Sharon Knutson if they are interested in applying for the commission. They were given the choice of either reapplying or having their application previously submitted be considered. Notices were also sent to present advisory commission members. Human Rights and Resources Commission At its January 23, 1995, meeting, the City Council tabled appointment of Dean Nyquist to the Human Rights and Resources Commission pending further information from the City Attorney. • Attached is a copy of the letter of response to City Council members from City Attorney Charlie LeFevere. Request For Council Consideration Page 2 Attached for City Council members only are the applications received to date as follows: • Financial Commission Jay Hruska 5012 North Lilac Drive Jack Kelly 6129 Scott Avenue North Wanda Rawson 7225 Major Avenue North Phillip Roche 5301 Brooklyn Boulevard Human a Rights and Resources Commission Dean Nyquist 7006 Dallas Road The tables on the following pages outline the geographical distribution of the current members of the City advisory commissions and the applicants. • • Request For Council Consideration Page 3 Geographical Distribution • Financial Commission Applicants and Current Members February 27, 1995 Neighborhoods Applicants '' Current Members Southeast Northeast .........._. ..... __ __ _ Northwest Wand R'aw$00. .............. . 72.25 M Ass N West Central ,Tk 1e1Y Ron Christensen 612 Scutt Ave;: N. 6101 June Ave. N. Lawrence Peterson 5830 June Ave. N. Central Donn Escher 3107 65th Ave. N. • Southwest day Hruska Lee Anderson 501Z N.;:Irlac drive 5344 N. Lilac Drive Ph�hp Roche Ned Storla X301 Br tikln. Bivd 4207 Lakeside Ave. N. #328 Two vacancies. Request For Council Consideration Page 4 Geographical Distribution • Human Rights and Resources Commission Applicants and Current Members February 27, 1995 Neighborhoods Appt; cants Current Members Southeast Julie Eoloff 6015 Aldrich Ave. N. Sherry Maddox 5711 Knox Ave. N. Northeast Dean Nyquist 70Q6. Dallas. ":'R oad Northwest Sharon Achtelik 3213 Thurber Road West Central Susan Larsen Brown 5829 Shores Drive • Charlotte Nesseth 4226 66th Ave. N. Neng Yang 4306 63rd Ave. N. Central John Henry 2912 Northway Drive, #301 Southwest Wayde Lerbs 5107 E. Twin Lake Blvd. One vacancy. HOLMES & GRAVEN CHARTERED Attorneys at Law 470 Pillsbury Center, Minneapolis, Minnesota 55402 - AT A. ALSOP (611) 337 -9300 ROBERT C. LONG H. BATTY LAURA K. MOLLET STEPHEN J. BLBUL Facsimile (612) 337.9310 BARBARA L. PORTWOOD JOHN B. DEAN JAMES M. STROMMEN MARY G. DOBBINS JAMES J. TH OMSON, JR. STEFANIE N. GALEY LARRY M. WERTHEIM CORRINE A. HEINE BONNIE L. WILKINS JAMES S. HOLMES WRITER'S DIRECT DIAL GARY P. WINTER DAVID J. KENNEDY (612) 337.9213 - DAVI L. GRAVEN (1929 -1991) J OHN R. LARSON - WELLINGTON H. LAW OF COUNSEL CHARLES L. LEFEVERE ROBERT C. CARLSON JOHN M. LEFEVRE. JR. ROBERT L. DAVIDSON ROBERT J. LINDALL T. JAY SALMEN February 1, 1995 Mayor Myma Kragness Ms. Debra Hilstrom 3401 63rd Avenue North 3509 66th Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Ms. Barb Kalligher Ms. Kathleen Carmody 5548 Girard Avenue North 7024 Knox Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Ms. Kristen Mann 5415 East Twin Lake Blvd. Brooklyn Center, MN 55429 RE: Conflict of Interest Dear Mayor and Council Members: You have asked for my opinion relating to a question about whether there would be a conflict of interest situation created by appointment of a person to the city's human rights commission who also serves on the board of directors of Peacemaker, a non -profit corporation, operating in the city of Brooklyn Center. As I understand it, the human rights commission periodically makes recommendations to the city council as to contracts which the city should award for services which could include services provided by Peacemaker. There are several kinds of situations which fall within the general category of "conflicts of interest ". One is a doctrine which relates to incompatible offices. This doctrine prohibits the holding of two incompatible offices by a single person. For example, it has been ruled that a person may not serve on a city council and a school board at the same time. This conflict of interest doctrine has no application to the facts presented in this case. The second type of conflict of interest is a statutory provision which prohibits the city from entering into a contract with a council member. Such contracts are illegal and void. However, because the proposed appointee does not sit on the city council, this doctrine has no application • to the facts of this case. c�:.a32 BR291 Mayor and City Council February 1, 1995 Page 2 The third type of conflict of interest comes from the common law doctrine that a person acting in an official capacity should not act on matters in which he or she has a personal financial interest. This type of conflict is not illegal per se. Rather, it merely requires that the person with the financial interest not take part in the consideration or voting on a matter in which he or she has a direct and substantial financial interest. Under the facts of this case, I do not believe that there is an impermissible conflict of interest because the proposed appointee does not have a personal financial interest in the any award of a contract to Peacemaker. The courts have ruled that merelv having an affiliation with an organization which is affected by action taken by the city council does not present an impermissible conflict. For example, in one case a council member was a contributing member of a church which had applied to the city for a special use permit for expansion of the church. The court ruled that it was not improper for the church member to act as a council member on the church's application because he had no personal financial interest in the outcome of the decision. In any case, even if a member of a board or a commission of the city had a personal financial interest in a decision made by the city council, this type of conflict could be cured simply by having the affected person refrain from participation in consideration of the matter • affecting his or her financial interest. The fourth type of situation which is sometimes loosely referred to as a conflict of interest is not a legal matter so much as a political one. It sometimes occurs that a person acting in an official capacity finds himself or herself in a situation which presents what may be an appearance of impropriety. That is, it is not illegal for the person to act. However, action may be perceived by the public as being made by a person acting in an official capacity which is not made in the best interest of the city because that person has divided loyalties. In such cases, a person acting in the official capacity may decide, in the interest of avoiding any appearance of impropriety, to decline to participate in the consideration of, or voting on, the matter. For example, an attorney sitting on a city council might elect not to participate in consideration of a rezoning application brought on behalf of a person who had been the attorney's client on other matters. The council member would not be legally precluded from voting on such a matter, but might elect to do so to avoid the appearance of impropriety. These situations arise fairly frequently in public life because people involved in an official capacity with the city are often involved in other ways in the activities of the community. In deciding who should be appointed to the various boards and commissions of the city, it may be appropriate to avoid appointment of people whose effectiveness will be hampered by numerous conflict situations or whose objectivity may be called into question because their outside activities are fundamentally incompatible with objectively carrying out their official duties. However, it should be kept in mind that if people were precluded from serving either on the city council or on boards and commission because of the mere potential for a "conflict" situation, the result would be to eliminate from public service some of the people who are the most knowledgeable and active in the affairs of the community. C*L3? Mayor and City Council February 1, 1995 Page 3 If I can provide you with any further information relating to these issues, please feel free to give me a call. Very truly yours, I t � Charles L. LeFevere CLL:ckx B.'.' 91 Council Meeting Date February 27, 1995 City of Brooklyn Center Agenda Item Number 9,b Request For Council Consideration Item Description: Appointment of Councilmember to Northwest Suburban Cable Communications Commission Department Approval: ll Gerald G. Splinte4lity Manager Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Appoint a member of the City Council to the Northwest Suburban Cable Communications Commission by motion of City Council. • Summary Explanation: (supporting documentation attached No ) Each city in this Commission has two representatives; Brooklyn Center's are City Manager Gerald Splinter and former Mayor Todd Paulson, thus creating a vacancy in Council Member representation. The Commission is a joint powers organization created by cities in the northwest suburbs to jointly "supervise" the Cable TV franchise. The Commission meets seven to eight times a year at 7:30 a.m. at the Commission's facilities in Brooklyn Park. If any of the Councilmembers have any questions, please give me a call. • Council Meeting Date 2/27 3 City of Bro oxdyn Center Agenda Item Number / Request For Council Consideration • Item Description: Discussion of Modification of Adult Establishment Ordinances Department Approval ' i C G. Brad Hoffman, Community Devel nt Manager's Review/Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Staff recommends that Council pass the resolution and the two ordinances. Summary Explanation: (supporting documentation attached No ) • The Council has requested staff to bring to them an ordinance that will si gnificant l y control the location �l g g Y of any "adult- oriented" businesses. On Monday evening, the Council will be asked to take three actions. The first is a resolution expressing the City's intent to place a moratorium on the siting of such businesses while conducting a study of the same. The resolution sets forth the City's concerns with such businesses and during the term of this moratorium restricts their locating within 250 feet of any residential day care, library, park, religious institution or playground property line. The second action would be to pass an emergency ordinance establishing the moratorium. The moratorium would take effect immediately for a period of 61 days. The ordinance would limit the areas in Brooklyn Center where an "adult- oriented" business would be allowed to locate. Third, the Council will be asked to pass an ordinance to establish the moratorium. When this ordinance takes effect, the emergency ordinance would no longer be needed, but the ordinance would not take effect until 30 days after its publication. The Council would hold the first hearing on the moratorium ordinance on Monday evening. The 250 foot limitation would eliminate almost all C -2 areas of the City. Specifically, Northbrook, Humboldt Square, 63rd and Brooklyn Boulevard, Westbrook Mall and 69th and Brooklyn Boulevard would be eliminated. The moratorium would prohibit such businesses from locating until the Planning Commission had an opportunity to study the concerns and make recommendations for any proposed changes to the zoning ordinance. In turn, such proposed changes would come back to the Council for • approval. I will be available Monday to discuss this matter with the Council. 9�1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER: AND DIRECTING A STUDY TO BE CONDUCTED BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: Section 1. Back round 1.01. The State Attorney General has prepared a report entitled, "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses ", dated June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated March 2, 1988, and "A 40 -Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports". The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 1.02. The Attorney General's Report, based upon the above - referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group ". . . heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Reports conclude that: a. adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused b other commercial uses; P Y b. residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex - related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; c. the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases; d. studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and • lascivious behavior; RESOLUTION NO. e. the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g. studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 1.03. The Brooklyn Center City Council finds the suburban characteristics of Brooklyn Center are similar to those of the cities cited by the Reports when considering the affects of adult uses. 1.04. The Brooklyn Center City Council finds based upon the Reports and the studies cited Y Y � P P therein, that adult uses will have secondary effects upon certain pre- existing land uses within the City. 1.05. The City's zoning ordinance does not address such adult uses which have been found by other municipalities to cause similar adverse secondary effects. l � 1.06. The City Council is concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.07. In addition to the proper zoning classification of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. b. The concentration and density of such uses in the City and its neighborhoods. is -2- RESOLUTION NO. c. The effect of such uses on other uses in the surrounding area. 1.08. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. Such a study will address the land use and zoning issues, including those referenced above. 1.09. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.10. The City Council has directed that such a study be undertaken. 1.11. Minnesota Statutes Section 462.355, Subd. 4, permits the adoption of interim zoning ordinances during the planning process. 1.12. Pending the effective date of such interim ordinance, the Council finds that it is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare to adopt this Resolution. Section 2. Definitions 2.01. Adult Establishments. An adult establishment is any establishment in which an adult use comprises more than 10 percent of the floor area of the establishment in which it is located or which comprises more than 20% of the gross receipts of the entire business operation. 2.02. Adult Use. An adult use is any of the activities and businesses described below: a. Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non - transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas ". b. Adult Use - Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but -3- . RESOLUTION NO. only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas ". c. Adult Use - Cabaret: A building or portion of a building for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas ". d. Adult Use - Companionship Establishment: A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". e. Adult Use - Conversation /Rap Parlor: A conversation /rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". f. Adult Use - Health /Sport Club: A health /sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". g. Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". h. Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical -4- RESOLUTION NO. areas ". i. Adult Use - Mini - Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas ". j. Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k. Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". 1. Adult Use - Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if P Y Pe P g such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation b patrons therein. P YP m. Adult Use - Novelty Business: A business which has as a principal activity he sale of devices which stimulate human genitals or devices Y g which are designed for sexual stimulation. n. Adult Use - Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified -5- RESOLUTION NO. sexual activities" or "specified anatomical areas ". o. Adult Use - Steam Room /Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room /bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". 2.03. Specified Anatomical Areas. a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2.04. Specified Sexual Activities. a. Actual or simulated sexual intercourse, oral copulation, anul intercourse, oral -anul copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually - oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged • -6- RESOLUTION NO. in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigation. Section 3. Planning and Zoning Study; Moratorium 3.01. A study is authorized to be conducted by City staff to determine how adult establishment uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area. 3.02. Upon completion of the study, the matter is to be considered b the Planning P P Y Y Commission for its review and recommendation to the City Council. 3.03 A moratorium on the development or location of adult establishments is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. During the term of this ordinance, no adult establishment shall be located less than 250 feet from the nearest property line of any land in a residential zone, or any public day care, library, park, religious institution, playground or other public recreational facility in any zoning district. Section 4. Enforcement The City may enforce any provision of this resolution by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separability Every section, provision or part of this resolution is declared separable from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate -7- RESOLUTION NO. any other section, provision, or part of this resolution. Section 6. Duration This resolution shall remain in effect for one year from the date of its effective date or until such earlier time as said resolution shall be revoked or otherwise amended. Section 7. Effective Date This resolution shall take effect immediately upon adoption. 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. -s- 9�a CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1995, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 of the City Ordinances regarding alarm systems. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN EMERGENCY ORDINANCE PLACING A MORATORIUM ON THE SITING OF ADULT ESTABLISHMENTS WITHIN ANY ZONING DISTRICT OF THE CITY OF BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01. The State Attorney General has prepared a report entitled, "Report of the Attorney General's Working Group on Regulation of Sexually Oriented Businesses ", dated • June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota/Olmstead County Planning Department Adult Entertainment Report dated March 2, 1988, and "A 40 -Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports ". The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. 1.02. The Attorney General's Report, based upon the above - referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group "...heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Reports conclude that: a. adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex - related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; ORDINANCE NO. c. the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases; d. studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; e. the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f. many members of the public perceive areas within which adult uses are located as less safe than other areas which do not have such uses; g• studies of other cities have shown that the values of bot h commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and h. The Indianapolis, Indiana stud established that professional real estate i P Y appraisers believe that an adult bookstore would have a negative effect PP g on the value of both residential and commercial properties within a one to three block area of the store. 1.03. The Brooklyn Center City Council finds the suburban characteristics of Brooklyn Center are similar to those of the cities cited by the Reports when considering the affects of adult uses. 1.04. The Brooklyn Center City Council finds, based upon the Reports and the studies cited therein, that adult uses will have secondary effects upon certain pre - existing land uses within the City. 1.05. The City's zoning ordinance does not address such adult uses which have been found by other municipalities to cause similar adverse secondary effects. 1.06. The City Council is concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.07. In addition to the proper zoning classification of such uses, there are a number of -2- ORDINANCE NO. significant planning and land use issues pertaining to the regulation of such uses, including the following: a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. b. The concentration and density of such uses in the City and its neighborhoods. c. The effect of such uses on other uses in the surrounding area. 1.08. There is a need for a study to be conducted so that the City can adopt a set of comprehensive plans and land use zoning regulations pertaining to adult establishment uses. Such a study will address the land use and zoning issues, including those referenced above. 1.09. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.10. The City Council has directed that such a study be undertaken. 1.11. Minnesota Statutes Section 462.355, Subd. 4, permits the adoption of interim zoning ordinances during the planning process. 1.12. The City Council finds that the adoption of this emergency ordinance is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare pursuant to Brooklyn Center City Charter, Section 3.06. Section 2. Definitions 2.01. Adult Establishments. An adult establishment is any establishment in which an adult use comprises more than 10 percent of the floor area of the establishment in which it is located or which comprises more than 20% of the gross receipts of the entire business operation. 2.02 Adult Use. An adult use is any of the activities and businesses described below: -3- ORDINANCE NO. a. Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non - transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas ". b. Adult Use - Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such I'll building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". c. Adult Use - Cabaret: A building or portion of a building for providing II I dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual • activities" or "specified anatomical areas ". d. Adult Use - Companionship Establishment: A companionship establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". e. Adult Use - Conversation /Rap Parlor: A conversation /rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". f. Adult Use - Health /Sport Club: A health /sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" . g. Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel • -4- ORDINANCE NO. from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas ". h. Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". L Adult Use - Mini - Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas ". j. Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k. Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug - operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas". 1. Adult Use - Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. -5- ORDINANCE NO. m. Adult Use - Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. n. Adult Use - Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". o. Adult Use - Steam Room /Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room /bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". • 2.03. Specified Anatomical Areas. a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breast(s) below a point immediately above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2.04. Specifier) Sexual Activities. a. Actual or simulated sexual intercourse, oral copulation, anul intercourse, oral -anul copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually- oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or n u b. Clearly i human genitals in the state of sexual stimulation, sal C ear depicted u an e , Y P g or tumescence; or • -6- i ORDINANCE NO. c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigation. Section 3. Planning Zoning u • Moratorium g and o g_St dY orium , o t 3.01. A study is authorized to be conducted by City staff to determine how adult establishment uses should be regulated within the City. The scope of the study i should include, but is not limited to, the following: a. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surroundin g area. 3.02. Upon on com letion of the study, matter is to be considered b the Planning P � P Y Y Commission for its review and recommendation to the City Council. 3.03 A moratorium on the development or location of adult establishments is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. During the term of this ordinance, no adult establishment shall be located less than 250 feet from the nearest property line of any land in a residential zone, or any public day care, library, park, religious institution, playground or other public recreational facility in any zoning district. i ORDINANCE NO. Section 4. Enforcement The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separability Every section, provision or part of this ordinance is declared separable from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Section 6. Duration This ordinance shall remain in effect until the 61st day following its adoption. Section 7. Effective Date This ordinance shall take effect immediately upon adoption. . Adopted this day of 1995. Mayor ATTEST: Deputy Clerk Date of Publication Effective Date q0_ 3 CITY OF BROOKLYN CENTER • Notice is hereby given that a public hearing will be held on the day of Yg P g Y 1995, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 23 of the City Ordinances regarding alarm systems. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE PLACING A MORATORIUM ON THE SITING OF AD IN ANY ZONING DISTRICT OF THE ADULT ESTABLISHMENTS WITH O CITY OF BROOKLYN CENTER; AND DIRECTING A STUDY TO BE CONDUCTED THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background off 1.01. The State Attorney General has prepared a report entitled, "Report of the Attorney ® General's Working Group on Regulation of Sexually Oriented Businesses ", dated June 6, 1989, prepared by Hubert H. Humphrey III, Attorney General of the State of Minnesota/Olmstead County Planning Department "Adult Entertainment Report" dated March 2, 1988, and "A 40 -Acre Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter collectively referred to as "Reports ". The Reports considered evidence from studies conducted in Minneapolis and St. Paul and in other cities throughout the country relating to sexually oriented businesses. j 1.02. The Attorney General's Report, based upon the above - referenced studies and the testimony presented to it has concluded "that sexually oriented businesses are associated with high crime rates and depression of property values." In addition, the Attorney General's Working Group ". . . heard testimony that the character of a neighborhood can dramatically change when there is a concentration of sexually oriented businesses adjacent to residential property." The Reports conclude that: a. adult uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses; b. residential neighborhoods located within close proximity to adult theaters, bookstores and other adult uses experience increased crime rates (sex - related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership; ORDINANCE NO. • c. the adverse impacts which adult uses have on surrounding areas diminish as the distance from the adult uses increases; d. studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult uses are rapes, prostitution, child molestation, indecent exposure and other lewd and lascivious behavior; e. the City of Phoenix, Arizona study confirmed that the sex crime rate was on the average 500 percent higher in areas with sexually oriented businesses; f m i an members of the public perceive areas within which adult uses are Y P P located as less safe than other areas which do not have such uses; g. studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult uses; and • h. The Indianapolis, Indiana study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. 1.03. The Brooklyn Center City Council finds the suburban characteristics of Brooklyn Center are similar to those of the cities cited by the Reports when considering the affects of adult uses. 1.04. The Brooklyn Center City Council finds, based upon the Reports and the studies cited therein, that adult uses will have secondary effects upon certain pre- existing land uses within the City. 1.05. The City's zoning ordinance does not address such adult uses which have been found by other municipalities to cause similar adverse secondary effects. 1.06. The City Council is concerned that the City's zoning ordinance may be inadequate in its scope and in its restrictions to accomplish the purpose for which it was intended. 1.07. In addition to the proper zoning classification of such uses, there are a number of -2- ORDINANCE NO. significant planning and land use issues pertaining to the regulation of such uses, including the following: a. The particular zoning districts in which such uses should be allowed as either permitted or conditional uses. b. The concentration and density of such uses in the City and its neighborhoods. c. The effect of such uses on other uses in the surrounding area. 1.08. There is a need for a study to be conducted so that the City can adopt a set of comprehensive 1 zoning regulations pertaining to adult establishment plans and land use zo e u s P P g g P g uses. Such a study will address the land use and zoning issues, including those referenced above. 1.09. There is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety, and welfare of the citizens of the City and to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and zoning ordinance until such a study has been completed. There is a need to restrict such uses until such a study has been completed and any modifications to the City's zoning and land use regulations are accomplished. 1.10. The City Council has directed that such a study be undertaken. 1.11. Minnesota Statutes Section 462.355, Subd. 4, permits the adoption of interim zoning ordinances during planning gt ep rocess. 1.12. The City Council finds that the adoption of this emergency ordinance is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare pursuant to Brooklyn Center City Charter, Section 3.06. Section 2. Definitions 2.01. Adult Establishments. An adult establishment is any establishment in which an adult use comprises more than 10 percent of the floor area of the establishment in which it is located or which comprises more than 20% of the gross receipts of the entire business operation. 2.02. Adult Use. An adult use is any of the activities and businesses described below: • -3- ORDINANCE NO. a. Adult Use - Body Painting Studio: An establishment or business which provides the service of applying paint or other substance, whether transparent or non - transparent, to the body of a patron when such body is wholly or partially nude in terms of "specified anatomical areas ". b. Adult Use - Bookstore: A building or portion of a building used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion picture film if such building or portion of a building is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, and if a substantial or significant portion of such items are distinguished and characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas ". c. Adult Use - Cabaret: A building or portion of a building for providing dancing or other live entertainment, if such building or portion of a building excludes minors by virtue of age and if such dancing or other live entertainment is. distinguished and characterized by an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas ". d. Adult Use - Companionship Establishment: A companionship P P P P establishment which excludes minors by reason of age, and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". e. Adult Use - Conversation /Rap Parlor: A conversation /rap parlor which excludes minors by reason of age, and which provides the services of engaging in or listening to conversation, talk, or discussion, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". f. Adult Use - Health /Sport Club: A health /sport club which excludes minors by reason of age, if such club is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". • -4- • ORDINANCE NO. g. Adult Use - Hotel or Motel: Adult hotel or motel means a hotel or motel from which minors are specifically excluded from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas ". h. Adult Use - Massage Parlor, Health Club: A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". i. Adult Use - Mini - Motion Picture Theater: A building or portion of a building with a capacity for less than 50 persons used for presenting material if such material is distinguished and characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas ". j. Adult Use - Modeling Studio: An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in "specified sexual activities" or display "specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. k. Adult Use - Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug - operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image - producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas ". 1. Adult Use - Motion Picture Theater: A building or portion of a building with a capacity of 50 or more persons used for presenting material if such building or portion of a building as a prevailing practice excludes minors by reason of age or if such material is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. -5- ORDINANCE NO. m. Adult Use - Novelty Business: A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation. n. Adult Use - Sauna: A sauna which excludes minors by reason of age, and which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas ". o. Adult Use - Steam Room /Bathhouse Facility: A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if such building or portion of a building restricts minors by reason of age and if the service provided by the steam room /bathhouse facility is distinguished and characterized by an emphasis on "specified sexual activities" or "specified anatomical areas". 2.03. Specified Anatomical Areas. a. Less than completely and opaquely covered human genitals, pubic region, buttock, anus or female breast s) below a point immediate) � � � P Y above the top of the areola; and b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2.04. Specified Sexual Activities. a. Actual or simulated sexual intercourse, oral copulation, anul intercourse, oral -anul copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually- oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or b. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or • -6- • ORDINANCE NO. c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or d. Fondling or touching of nude human genitals, pubic region, buttocks, or female breast(s); or e. Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or g. Human excretion, urination, menstruation, vaginal or anal irrigation. Section 3. Planning and Zoning Study: Moratorium II 3.01. A study is authorized to be conducted by City staff to determine how adult . establishment uses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a. The particular zoning districts in which adult establishments should be allowed as either permitted or conditional uses; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area. 3.02. Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.03 A moratorium on the development or location of adult establishments is adopted pending completion of the study and the adoption of any amendments to the City's zoning ordinance. During the term of this ordinance, no adult establishment shall be located less than 250 feet from the nearest property line of any land in a residential zone, or any public day care, library, park, religious institution, playground or other public recreational facility in any zoning district. • • ORDINANCE NO. Section 4. Enforcement The City may enforce any provision of this ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competent jurisdiction. Section 5. Separability Every section, provision or part of this ordinance is declared separable from every section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. Section 6. Duration This ordinance shall remain in effect for one year from the date of its effective date or until such earlier time as said ordinance shall be revoked or otherwise amended. Section 7. Effective Date This ordinance shall take effect thirty (30) days after the date of its publication. • Adopted this day of 1995. P Y Mayor ATTEST: Deputy Clerk Date of Publication Effective Date i -8- Council Meeting Date 2/27/95 --// 3[C ity of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION RECEIVING ENGINEER'S FEASIBILITY REPORT, PROVIDING FOR HEARING ON PROPOSED IMPROVEMENT PROJECT NOS. 1995 -07, 08, AND 09, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, AND DECLARING COST TO BE ASSESSED AND PROVIDING FOR A PUBLIC HEARING REGARDING ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1995 -07 AND 08, WOODBINE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS Department Approval: Diane Spector, Directo} of Public Se i s Manager's Review /Recommendation: er No comments to supplement this report Comments below /attached • Recommended City Council Action: Receive and discuss the Engineer's feasibility report. Approve the attached resolution calling for a public hearing on the proposed improvement and on the proposed special assessments. Summary Explanation: (supporting documentation attached Yes ) The City Council on July 25, 1994 by Resolution 94 -153 authorized the development of a feasibility report regarding proposed street and utility improvements in the Woodbine Neighborhood, that is the area between France Avenue and Brooklyn Boulevard, between 71st Avenue and the north City limits. A preliminary version of this feasibility report was presented to and discussed by the Council at its February 13, 1995 meeting. The Engineer's Feasibility Report is presented tonight for Council discussion and approval. If the Council approves the feasibility report, the next step in the Chapter 429 process (the process for an improvement project which is to be assessed) is to call for a public hearing on the project. Legal notice would then be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via certified mail. It is our recommendation that the Council consider holding the special assessment hearing immediately following the project hearing, should the result of the hearing be that the Council orders the project. The purpose of holding the special assessment hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are known prior to entering into a construction contract or issuing bonds to finance the non - assessed portion of the project. i The attached resolution receives the Engineer's report, declares the cost to be assessed, and calls for a project hearing and a special assessment hearing on March 27, 1995. Request For Council Consideration Page 2 Other Information Requested By The Council What were the assessments to property owners on Noble Avenue when Noble was constructed? The front footage rate for grading, base, surfacing, and curb and gutter was $6.50, which translates into $487.50 for a 75 foot property. That assessment is $1,615 in 1995 dollars. What were average storm sewer assessments when storm sewers were installed in the 1960s? An average assessment for storm sewer laterals was about $2.00 per 100 square feet. For an average 75 by 135 property, or about $200. That assessment would be about $715 in 1995 dollars. In the 1960's most properties were also assessed an additional "area charge" for trunk storm sewers, or large pipes which served an entire area, rather than a single block. That assessment varied considerably project to project. A portion of the $725 storm sewer assessment in the Woodbine Neighborhood could be considered an "area charge," specifically the ponds and the pipe needed to service the ponds. What is the breakdown by percent of the cost of the improvement, and the source of funds? Woodbine Neighborhood Improvments, Total Cost by Funding Source SANITARY SEWER UTILITYWATER UTILITY FUND FUND 3% 7% SPECIAL ASSESSMEN 'ORM DRAINAGE UTILITY 30% FUND - 17% s MSA FUNDS 1% Woodbine Neighborhood Improvement, Total Cost By Type of Improvement WATER G.O. BONDS SANITARYSEWER 3% 42% 7% a „x a STORM DRAINAGE 26% Y 3 STREET IMPROVEMENT 64% q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING ENGINEER'S FEASIBILITY REPORT, PROVIDING FOR HEARING ON PROPOSED IMPROVEMENT PROJECT NOS. 1995 -07, 08, AND 09, WOODBINE NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS, AND DECLARING COST TO BE ASSESSED AND PROVIDING FOR A PUBLIC HEARING REGARDING ASSESSMENTS FOR IMPROVEMENT PROJECT NOS. 1995 -07 AND 08, WOODBINE NEIGHBORHOOD STREET AND STORM DRAINAGE IMPROVEMENTS WHEREAS, the City Council by Resolution No. 94 -153 directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, storm drainage system, and public utilities in the Woodbine Neighborhood, that is that area west of France Avenue and east of Brooklyn Boulevard, from 71st Avenue to the north City limits; and WHEREAS, the City's consulting engineer has prepared said report, and recommends that 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 area between France Avenue North and Brooklyn Boulevard, from 71st Avenue to the north City limits; and a portion of the cost of storm sewer improvements against all properties within the area between France Avenue and Noble Avenue, from 71st Avenue to the north City limits; and the cost to be assessed to the properties is estimated to be: STREET IMPROVEMENT STORM SEWER IMPROVEMENT 1995 -07 1995 -08 Special Assessments $417,400 $172,100 WHEREAS, the Deputy City Clerk, with the assistance of the Director of Public Services, has prepared a proposed assessment roll for each segment showing the proposed amount to be specifically assessed for such improvement a ainst eve assessable lot, piece, P Y o, , or g every P parcel of land within the district affected, without regard to cash valuation, as provided by law. Resolution No. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. A hearing shall be held on the 27th day of March, 1995, in the City Hall Council Chambers at approximately 7:00 p.m. to hear and pass upon said improvement project 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. That portion of the street improvement cost to be assessed against benefitted property owners is declared to be $417,400. That portion of the storm sewer improvement cost to be assessed against beneEtted property owners is declared to be $172,100. 3. A hearing shall be held on the 27th day of March, 1995, in the City Hall Council Chambers at approximately 7:00 p.m. to pass upon said assessment 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 assessment. 4. The Deputy City Clerk is directed to cause a notice of both hearings to be published in the official newspaper at least two weeks prior to the hearings, and shall state in the notice the total cost of the improvement. 5. The Deputy 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: 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. *31 City of Brooklyn Center A great place to start. A great place to stay. Engineering Department Phone: 569 -3340 FAX: 569 -3494 ENGINEER'S FEASIBILITY REPORT FOR WOODBINE NEIGHBORHOOD IMPROVEMENT PROJECT NO. 1995 -07 08 & 09 February, 1995 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 Sylvester P. Knapp Registration No. 6242 Date: February S, 1995 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430 -9199 • City Hall & TDD Number (619) 569 -3300 An Affirmative Action / Equal Opportunities Employer OVERVIEW (see Figure 1) These proposed projects include roadway and utility improvements for the Woodbine neighborhood, more specifically 71st Avenue and all public streets between 71st Avenue and the north city limits, between Brooklyn Boulevard (C.R. 152) and France Avenue. This report was prepared in accordance with previous direction of the City Council under Resolution No. 94 -153 adopted on July 25, 1994; with a motion adopted by the City Council on September 9, 1994, (to set the special assessment rate for street improvements in 1995 at $1,700 per household); and with Resolution No. 94 -27 adopted by the City Council on December 19, 1994, (adopting a special assessment policy). PROPOSED IMPROVEMENTS STREETS Improvement Project 1 Figure 2 o ect 995 -07. see P J ( ) All of the streets in the except area proposed project t Noble Avenue are classified as local P P J P residential streets, originally constructed in conjunction with utility installations in the 1958 to 1960 time period. Most 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. 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 sealcoat); complete reconstruction or major overlays are recommended. It is ro osed to reconstruct these streets as two lane roadways g measurin 30 feet in width P P with a structural capacity for the current volume and vehicle distribution. Concrete curbs P Y and gutters 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. Traffic volumes (see Figure 3) on most of these streets indicate little "through" traffic. However, Woodbine Avenue does carry some "through" traffic between Noble Avenue and France Avenue, resulting in an average daily traffic volume of 2328 vehicles per day (vpd) just east of Noble Avenue. Most of the through traffic on Woodbine has its origin in the residential area east of France Avenue and north of 73rd Avenue, and has a destination on Noble Avenue (particularly Park Center Senior High School) or to Brooklyn Boulevard. Prior to 1985, Wingard Lane was connected to Brooklyn Boulevard and to Noble Avenue. In that year the connection to Brooklyn Boulevard was removed in response to requests from a majority of residents on Wingard Lane who were concerned with its use as a bypass between Brooklyn Boulevard and Noble Avenue (in 1984 the traffic count on Wingard Lane was 1284 vpd). Noble Avenue functions as a collector street, with a traffic volume of approximately 8300 vpd and is designated as a Municipal State Aid (MSA) street. This street was upgraded to the current MSA standards in 1970, with special assessments levied for that improvement. This street is in good condition with some surface deterioration, and with existing concrete curb and gutter. The Pavement Management Program indicates the most cost effective a strate �Y a bituminous s o e rl for this street is to construct bitumin v before a b the existing structure Y fo e g Feasibility Report Woodbine Neighborhood Page 1 deteriorates further. Accordingly, cost estimates in this report include a bituminous overlay and repair of some deteriorated, damaged or displaced curb and gutter sections. A significant number of pedestrians cross Noble Avenue at the two painted and signed crosswalks —at 72nd Avenue and at Woodbine Avenue. In addition, people attending church services at the Brooklyn United Methodist Church cross Noble Avenue between the church and its overflow parking lot. This issue will be reviewed and discussed with residents and with church representatives during the course of neighborhood meetings. At this time, no costs are included for any special improvements dealing with this issue. Existing sidewalks (see Figure 4) within the project area are located on Noble Avenue (both sides), on Woodbine Avenue (north side), on Halifax Avenue (west side) and on 72nd Avenue (south side). Cost estimates in this report include replacement of defective sections of these sidewalks, but no additional sidewalks or trails are included in the cost estimates. (The City's Comprehensive Trail Plan is attached —see Figure 5). The cost estimates in this report do include a lump sum allocation ($50,000) for planting boulevard trees in appropriate areas and an allocation ($45,000) for upgrading street lighting. No costs are included for "undergrounding" overhead power and CATV lines. STORM DRAINAGE Improvement Project 1995 -08 (see Figure 6 for existing storm sewer system) The existing 1 Q provide an s 5 -inch storm sewers serving Win and Lane and Noble Avenue g � acceptable level -of- service for those streets. Between Noble Avenue and France Avenue however the existing torm drainage system is g g Ys skeletal. With existing a s draina patterns, t g b p he amount of overland flow and on- street flooding during even moderate rainfall events is unacceptable. Additionally, flat grades and the lack of curbs and defined gutters have accelerated the deterioration of the bituminous roadways, and assure many "bird baths" during summer conditions and ice buildup during winter conditions. Storm water from Woodbine Avenue and 73rd Avenue flows north on the surface into the park/open space area in Brooklyn Park between Halifax and France Avenues. The existing 27 -inch storm sewer extending to the 71st Avenue /Lee -to -Kyle Avenue area, and the 15 inch storm sewer extending to the 71st Avenue /Halifax Avenue area provide a minimal level -of- service to the area north of 71st Avenue. The City's Water Management Plan (see Figure 7 - which is Figure 2.15 from that plan) indicates the existing trunk storm sewer along 70th Avenue has inadequate capacities to serve the areas which drain to that trunk sewer. Accordingly, that plan recommends construction of storm water ponds to (1) provide relief to that overloaded trunk sewer and (2) provide water quality improvements as required by Shingle Creek Watershed Management Commission standards. Because the trunk sewer on 70th Avenue must also serve the proposed Brooklyn Boulevard redevelopment areas north of 69th Avenue, our study has attempted to define a cost - effective Feasibility Report Woodbine Neighborhood Page 2 plan which will provide an acceptable level -of- service to that area, as well as to the project area under consideration in this report. Several options have been developed and evaluated. Figure 8 shows a preliminary concept for storm drainage improvements to serve this project area and the Brooklyn Boulevard redevelopment area north of 69th Avenue. Meetings will be held with BRW, Inc.— consultants for the Brooklyn Boulevard study and for preliminary design of the Brooklyn Boulevard improvement project —to assure coordination between these two projects. However, at this time, this concept appears to be a cost - effective way of dealing with both projects, and it has the advantage of easily allowing phase - development. 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. In addition, two storm water ponds are proposed —one north of 73rd Avenue and one on one of the currently vacant parcels of property south of 71st Avenue. These two ponds would provide the capacity needed to serve this project area. Also, the pond south of 71st Avenue could be expanded in conjunction with the Brooklyn Boulevard redevelopment project —to serve that area. Based on this concept, the estimated costs for storm drainage improvements relating to this project area, as shown in Figure 8, are shown in this report. SANITARY SEWERS Improvement Project 1995 -09 (see Figure 9) All sanitary sewers in the project area are 8 inch diameter clay pipe, installed between 1958 and 1959. Because these sewers were constructed without gaskets in the joints, they are subject to a modest level of infiltration, but it would not be cost - effective to eliminate this infiltration. While there are no capacity problems, city maintenance records, along with a televised inspection of all sewers in this area document a significant tree root infiltration problem and a few structural defects in the sewer mains. Additional work needs to be done to quantify the amount of this work which needs to be done. This report includes a cost estimate for replacing 2500 feet of sewer mains in areas where heavy root penetration is found, making 20 spot repairs to sewer mains, and replacing 60 sanitary sewer service lines between the main sewer and the property line. Additional information regarding sewer problems will be obtained 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 1995 -09 (see Figure 10) 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 haven't noted any unusual frequency of water main leaks or breaks in the proposed project area, and a recent report on Water Works Facilities did not indicate any need for capacity related improvements given current and projected land uses. Feasibility Report Woodbine Neighborhood Page 3 Future consideration should be given to providing an "emergency interconnection" with the Brooklyn Park water distribution system. However, such interconnection would most probably occur at France Avenue (not included in this project area) or at Noble Avenue (only a bituminous overlay is included in this project). Accordingly, the only water system work included in the cost estimates of this report is the replacement of the cast iron mains within areas which will be disturbed by other utility construction (sanitary sewer replacements, new storm sewer lines, etc.). ESTIMATED COSTS AND FUNDING CONSIDERATIONS (see Figure 11) Costs and Funding for Street Improvements, Project No. 1995 -07 The estimated cost for roadway improvements to all streets in this project area, except Noble Avenue is $1,205,000. If street lighting improvements are included, the estimated cost for those roadway improvements is $1,250,000. The estimated costs for construction of a bituminous overlay and curb and gutter repairs on Noble Avenue is $50,000. It is proposed to levy special assessments for street improvements in accordance with the motion adopted by the City Council on September 19, 1994, which established a standard 1995 residential street assessment rate of $1,700 per household (or equivalent). This rate would be specially assessed to all benefitted properties as shown in Figure 12, except those properties which abut Noble Avenue. It is recommended that properties abutting Noble Avenue be specially assessed at the rate of $500 per household (or equivalent) to reflect (1) the fact that these properties have previously been specially assessed for street improvements including concrete curb and gutter and (2) the currently proposed improvement consists only of a bituminous overlay and minor repairs to concrete curbs and gutters. On this basis it is estimated that special assessments totaling $417,400 would be levied for street improvements. Since this would represent about 35 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. 1995 -03 The estimated cost for storm drainage improvements in the area between Noble and France Avenues is $492,000. This includes the cost of storm sewer construction and storm water pond construction and land acquisition. It is proposed to levy special assessments for storm drainage improvements in accordance with Resolution No. 94 -274 adopted by the City Council on December 19, 1994, which provides that 35 percent of the cost of such improvements shall be specially assessed to Feasibility Report Woodbine Neighborhood Page 4 benefitting properties. Application of this policy to properties benefitted by these improvements (see Figure No. 13) will result in estimated special assessments of $725 per single family residential unit. The total cost to be assessed would be $172,100. Costs and Funding for Sanitary Sewer and Water Main Improvements, Project No. 1995 -09 The estimated cost of sanitary sewer repairs and /or replacements is $130,000, and the estimated costs for water main repair and /or replacements is $65,000. As previously noted, these cost estimates are very preliminary at this time. However, all such costs would be funded by their respective Utility funds, in accordance with established policy for such improvements. As with street Improvement Project No. 1995 -07 these improvements can be processed and completed in compliance with Minnesota Statutes, Chapter 429. Based on current City policy, all project costs would be included in a bond issue, with the City's Storm Drainage Utility Fund paying the portion of these costs not recovered by special assessments. Recommended Project Schedule February 7 City Council receives feasibility report and calls for public hearing rY Y Y P P March 8 and ( March 15 if needed) Public Informational Meetings March 27 Public Hearin., and City preparation P P Council orders re aration of Tans and specifications April 10 Approve plans and specifications, authorize Ad for Bids April 20 First date of advertisements in Post and Construction Bulletin May 11 Bid opening May 22 City Council awards contract June 1 Start construction September 1 Substantial completion Feasibilitv Statement The improvements described herein are feasible under the conditions outlined and at the costs estimated in this report. Sylvester P. Knapp, P ,. Staff Consulting Engineer Feasibility Report Woodbine Neighborhood Page 5 ITI ©0/�� YN PARf� DIE l TT A Mf00Q'f ��D LA. Z _ 2 w 3 O 4� Zi Z F of ! 2ND FnT C�ti z IOIET f AVE. tL uj ui Z �s 7 T. AVE. .- ----�- is Z AVE z nuol z sQlvoL LL ` 70TH AV N� 70TH AVE. N. L < � ui H H �E. N. RQAN AMOr LME P < a � H � ' o 69TH. AVE. N. t R tr 7LR 711 Z N CITY OF BROOKLYN CENTER - WOODBINE NEIGHBORHOOD - - -- IMPROtfEMENT PROJECTS t9gS- 07,08,03 PROJECT AREA MAP FIGURE t I Not loom too; MIN mm im mm � 111 ® � • � � i �i i 1111► �� ,� ♦1 �1 �� ii i� mm i ii iii WE MM man ♦ � i • Mes sea s r A F A r �. mot # ,� ittt � =ter �_1 ►�► 1 �► �■ ■� i ■■ t �► wm I1 ■■ ■ ice mm MM tJ VV \ \C �t a �ll s � E n n i t ,.., F �I1 �1VOIlU IS II �� GCIU�UUW LS (�1� �\ SIDE' +VALKS f VAP 3 Comprehensiv FIGURE 4 __._.. _ . .. . r r 1 \ i I \ c ' 1 - _ t x� t 7 1 ' f ( ry - " — I I BREM 3 ' EXISTING ON STREET TRAILS EXISTING OFF STREET TRAILS wu a rur --- -- ---• PROPOSED ON STREET TRAILS PROPOSED OFF STREET TRAILS MAP 2 Comprehensive P'r�l - FIGURE 5 C �• � � �� - ,�■ �I�j 1 111 � . mo all I NM � MEN 701THI !AVE. N. MEN INS 1� WIM NO i��� 11111.. 1•• 111 :.,, i �,�� - ..� � ter'.. � • 0 'D C) O L I 111GARD I L. C . 1 Ch > z 7. 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Z AVE A7LL0r �_ z salvoL w uj 70TH AVE N 70TH AVE' N. 4 CD x Z %/ b z X NI �E. N. < ' % ou-' R&W F ui �ILLOI' LME p,�RC a' 4 < - � rn 1_ 69TH. AVE. N. 7Z7Pe N CITY OF BROOKLYN CENTER -- WOODBINE NEIGHBORHOOD -Aww- IMPROVEMENT PROJECT 1995 -08 PROP STORM DRAINAGE SYSTEM DRAINAGE AREAS '- - PROPOSED STORM SEWER PROPOSED WATER QUALITY POND -- (GENERAL LOCATION) FIGURE 8 "FORCE MAIN �.::.r•.: >: Q+��• , OKa�v,:s. 'RCRRa �,cReta by .. a`,,, y��r :. .;K { ' ? ';, � \k•.y ;;:% ..�,k, ..yy� klyYwx. u.::s,.i.;;•::.,•:,w:.• Wfm rye W. .,t w? i„ > t V110 ? 43! # 4 0 W0` ; 40 -.�22 23'.2.. 1 •.,, .WO 4 4 1 1 -iii b t :> y � 13 "v, 3 x �..... , fl 9 • T l21 .. ?... k. . ;,> 7.12 �,ti71 t 42,' $• >? \}} 72 P�. t 11 „3 �2?.. 7�i .. 40•'2 �Q a y O ?.....,.. go Z l l : . �� 41 -.7 • _ 152- 71?...... 3.. ' iL 09 ? 12 ........_ - O -8 : -w ;< S2 4 •� .. < '';:� ?. .' c _ 154- T� .. ............ti... �,0 ... 703 8k 39 � = 70k 4t-35 89 -8 O 42 -7022 043-702 + ' 280 39 . ►t >.... :J:,.. 693 143 . ; TQ� 43 -701 2 -701 44 Tf3t X59.... O'- O r spa m, :,, .o, }; . • p . ,Q x ( O 4 .. s ... 3 aD �;`; .� , yk`�tQw ,•� )280 -8 v iii x 39— . 3. -.. } s ... f3�£44�92, ' y 0.Z.l :: b 3 O b9 . y >. y 421 8e1� 1 — ? p,44• 42 :. . • ,;. • �J':4Q .fi.9.t... O 6 91 t ts91 h •. pe� - o' ? c0 =D 4 to.:,.. to 3M �8 , ? 46b,Q - IM 69 .4 : T :_ .... *V 44 1 9 M 4 + O Q l a 9 tp .3...t.; x ! .1�� l 4 Cj p 190 Q g , 1 6. ,.... <.; .�, X65 aS� 345 ► Q 314 -15 30 -1 O 47�69:� X22 : ..' ::: 0. 3.:.:.::,,..5., 33Q �s # o : ,.t 43 14' 69 I'S21 :. 3 " M ::,> . 49 -682 s... ;6T J': 40 -69 39 -42 c , . 46 - 682 '_.44 -682 `... a a :682 ..; m O: :O IN CITY OF BROOKLYN CENTER WOODBINE NEIGHBORHOOD ;�-mrum- IMPROVEMENT PROJECTS 1995- 07;08 a EXISTING SANITARY SEWER FIGURE 9 r4 \:- .... ... ..... ....,.. aS: 4 \54 \x >:.� \S.iX. :.:�5> }• \•:.... . :::aY, :x'•44 \k \:::ri.. \`.:..:o..< \ >:.. \sY, ..:�4\ •:n• }:4.4'MVPVa444` •�, N yr �` � k . .......... F . ......... } _... ,: . ......... . .... .......... .. .... ..... i Z.. N . _ C y I ... .... ........... ... .... ........ .. .................. o.. ,.a, 5 ... 1 .. �. } 1 k.. \ 4 .. pp 4 `• � 'Y 'T t4 5 � 5 `.. y 4 �\ `• ylt\ \ ' 1 ; .N CITY. OF BROOKLYN CENTER -�-- WOODBINE NEIGHBORHOOD-- IMPROVEMENT PROJECTS 1995 -0 9 09 f WATER DISTRIBUTION SYSTEM FIGURE 10 ESTIMATED COSTS AND FUNDING CONSIDERATIONS WOOOBINENE/6HBORHOOD TS REETS STORM-SEWER- SEWER >!.. WATERMAIN TOTAL ESTIMATED CONSTRUCTION COST $ 925,000.00 $ 325,000.00 $ 100,000.00 $ 50,000.00 $ 1,400,000.00 CONTINGENCY (15 %) $ 138.750.00 $ 48.750.00 $ 15.000.00 $ 7.500.00 $ 210.000.00 SUBTOTAL CONSTRUCTION COST $ 1.063.750.00 x_373.750.00 $ 115.000.00 $57.500.00 x_1.610.000.00 ADMIN., ENGINEERING, LEGAL(13 %) $ 138,300.00 $ 48,500.00 $ 15,000.00 $ 7,500.00 $ 209,300.00 ESTIMATED TOTAL PROJECT COST 1202`050.00 ' 492 250.00 130000.00 65 000.00 1 889 300:00'- SPECIAL ASSESSMENTS $ 402 900.00 $ 172,100.00 $ 575,000.00 G.O. BONDS $ 799,150.00 $ 799,150.00 STORM DRAINAGE UTILITY FUND $ 320,150.00 $ 320,150.00 PUBLIC UTILITY FUND $ 130,000.00 $ 65,000.00 $ 195,000.00 NOBLE AVENUE ESTIMATED CONSTRUCTION COST $ 31,800.00 $ 6,000.00 $ 1,800.00 $ 600.00 $ 40,200.00 CONTINGENCY (15 %) $ 4.800.00 $ 900.00 $ 270.00 $ 90.00 $ 6.060.00 SUBTOTAL CONSTRUCTION COST $ 36.600.00 $ 6.900.00 $ 2.070.00 $ 690.00 $ 46.260.00 ADMIN., ENGINEERING, LEGAL(13 %) $ 4,700.00 $ 900.00 $ 230.00 $ 90.00 $ 5,920.00 ESTIMATED' - TOTAL' PROJECT` COST J 41300.00 S - 7.800.00 S - 2:300.00 S 780,00 S 52.180 ?00 SPECIAL ASSESSMENTS $ 14,500.00 $ 14,500.00 MSA (LOCAL FUNDS) $ 26,800.00 $ 26,800.00 STORM DRAINAGE UTILITY FUND $ 7,800.00 $ 7,800.00 PUBLIC UTILITY FUND $ 2,300.00 $ 780.00 $ 3,080.00 EAENGTROJ ECnW00 D8%9507EST. FIGURE 11 161.1�l� /!!!♦ t .1 �::;t ,,� � • i'i'i .� D 'Pl�ii'�� .. � � � 1 .�• � •!•• - -. fir! „r 3 � � � � � .1 ISO • !1'0.O�i0 d��i4�i'• ...,. ' Sam so - MM ♦ s MM mw ii mm MM IM MM MM a imW M M mm IM M MIM IM oil mm ...•.•........ OK ) PARK � ti Z AV 3 0FR fn FTIT r �ti Z \ IOLET i z �v 4 A nor Z z SCxgOL ♦ 70TH AV N 70TH AVE. N. ♦ Z X N' W l ♦ �- > < IE. N. Cl U R AAco runFP to ♦ ' o 69TH. AVE. N. r- � N CITY OF BROOKLYN CENTER WOODBINE NEIGHBORHOOD IMPROVEMENT PROJECT 1995 -09 230 BENEFITTED P ROPERTIES STORM SEWER IMPROVEMENT PROJECT 1995 -09 FIGURE 13 Council Meeting Date 3 City of Brooklyn Center Agenda Item Number / C Description: Item Descri P Request For Council Consideration • RESOLUTION PROVIDING FOR HEARING ON PROPOSED IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, HUMBOLDT AVENUE IMPROVEMENTS, 69TH TO 73RD AVENUE, DECLARING COST TO BE ASSESSED AND PROVIDING FOR A PUBLIC HEARING REGARDING ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1994 -05 HUMBOLDT AVENUE STREET IMPROVEMENTS Department Approval: — C\k0ALe_ Diane Spector, Director of Public S nee s Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Approve a resolution receiving the Engineer's feasibility report, declaring cost to be assessed and scheduling a project hearing and an assessment hearing. Summary Explanation: (supporting documentation attached Yes Y P ( PP g ) On February 28, 1994, the City Council received but did not act upon the Engineer's report regarding proposed improvements on Humboldt Avenue. On November 28, 1994 the City Council ordered the improvement of Humboldt Avenue, 69th Avenue to 73rd Avenue, to be constructed to State Aid standards, with no special assessments to single family residential property owners. There are five properties in the construction limits which would typically be assessed for an improvement regardless: three multiple family properties, and two commercial properties (one of which is the City's Humboldt Avenue liquor store). The Council has never discussed whether those properties should be assessed; if they should, then now is the time to go through the Chapter 429 requirements for public hearings. If the Council chooses to consider assessing the five non - residential properties in question, then the procedure would be this: • 1) Formally receive and accept the feasibility report. 2) Find that the loss in on- street parking offsets the increase in value accruing to the single - family residential properties, resulting in no benefit and thus no special assessments. 3) Describe the new area of benefitted properties, and declare the cost to be assessed. The assessment is proposed to be based on the rate used a few years ago for that segment of the Freeway Boulevard improvement project east of Brooklyn Center High School. The type of Request For Council Consideration Page 2 improvements are similar; the rate as updated for inflation would be $0.21 per square foot, • for the front 200 feet. 4) Call for a public hearing on the proposed improvement, and a public hearing on the proposed assessments. Note: Under this scenario, only property owners proposed to be assessed would receive the formal Notice of Public Hearing. However, the notice is also required to be published, and anyone is allowed to speak at the public hearing. 5) On March 27, hold the project and the assessment hearings. Additional note: The Council has included the "undergrounding" of overhead utilities in the project. We have been working with NSP, and have just received their estimate of the cost of this part of the improvement -- about $140,000. More detailed cost estimates would be presented at the public hearing, but the following is a rough breakdown of the latest cost estimates. Construction (with 15% contingency and 5% eng /legal /admin) $387,180 Landscaping 25,000 Utility undergrounding 140.000 TOTAL $552,180 • Regular State Aid $335,540 Local State Aid .102,900 Storm Drainage Utility 40,170 Sanitary Sewer Utility 22,870 Special Assessments 50,700 TOTAL $552,180 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR HEARING ON PROPOSED IMPROVEMENT PROJECT NOS. 1994 -05 AND 06, HUMBOLDT AVENUE IMPROVEMENTS, 69TH TO 73RD AVENUE, DECLARING COST TO BE ASSESSED AND PROVIDING FOR A PUBLIC HEARING REGARDING ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1994 -05 HUMBOLDT AVENUE STREET IMPROVEMENTS WHEREAS, the City Council on February 28, 1994 received an engineer's feasibility report regarding proposed improvements to Humboldt Avenue North, 69th Avenue to 73rd Avenue and on November 28, 1994 selected and ordered a construction option in accordance with State Aid standards; and WHEREAS, the option to construct in accordance with State Aid standards requires the elimination of on- street parking, and the City Council finds that for the single family homes in this corridor the elimination of parking offsets the increase in value which would accrue as a result of street improvements, resulting in no special benefit to the properties used as single family homes; and WHEREAS, several non - single family properties abut that portion of Humboldt Avenue proposed to be improved, and the Council has determined that since these properties have adequate off - street • parking facilities loss of on- street parking would have no negative impact on the special benefit accrued as a result of the proposed improvements; and WHEREAS, costs have been estimated for this proposed street improvement; and WHEREAS, in accordance with the Council's special assessment policy it is proposed to assess a portion of the cost of street improvements against all properties not zoned Rl or R2 and which abut Humboldt Avenue North, from 69th Avenue to 73rd Avenue; and WHEREAS, the cost to be assessed to the properties is estimated to be $50,702.92; and WHEREAS, the Deputy City Clerk, with the assistance of the Director of Public Services, has prepared a proposed assessment roll for each segment showing the proposed amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The Engineer's feasibility report dated February, 1994 is hereby received and approved. A hearing shall be held on the 27th day of March, 1995, in the City Hall Council Chambers at approximately 7:00 p.m. to hear and pass upon said improvement project 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. Resolution No. 2. That portion of the street improvement cost to be assessed against benefitted property owners is declared to be $50,702.92. 3. A hearing shall be held on the 27th day of March, 1995, in the City Hall Council Chambers at approximately 7:00 p.m. to pass upon said assessment 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 assessment. 4. The Deputy City Clerk is directed to cause a notice of both hearings to be published once in the official newspaper at least two weeks prior to the hearings, and shall state in the notice the total cost of the improvement. 5. The Deputy 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: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 ROOKLYN TELEPHONE: 569 -3300 C ENTER F AX: 569 -3494 EMERGENCY - POLICE - FIRE 911 ENGINEER'S FEASIBILITY REPORT FOR HUMBOLDT AVENUE NORTH, IMPROVEMENT PROJECT NO. 1994 -05, 06 February,1994 OVERVIEW The proposed project involves roadway (1994 -05) and utility (1994 -06) improvements for Humboldt • Avenue North between 69th and 73rd Avenues North. The project also includes the addition of landscaping materials and examination of the costs for other amenities including upgraded street lighting and removal of overhead utilities. The scope of this report is in accordance with the direction given by the City Council at their meeting on February 14, 1994, and assumes the construction of permanent improvements in 1994. PROPOSED IMPROVEMENTS The existing roadway for this street segment is approximately 30' wide, with a minor widening just north of the intersection with 69th Avenue North. This segment of Humboldt Avenue is part of the City's Municipal State Aid system, having been designated in the late 1950's or early 60's along with other Brooklyn Center streets which were projected to carry proportionately higher traffic loads. It is proposed to reconstruct Humboldt Avenue North between 69th and 73rd Avenue North as a two lane roadway measuring 30' in width (curb face to curb face), with a structural capacity for the current traffic volume and vehicle distribution. The horizontal alignment of the proposed roadway would be as curvilinear as possible within the constraints of the existing right -of -way; no property acquisition is considered in this report. Concrete curbs and gutters and driveway aprons would be installed as part of the improvement. The inclusion of on -street parking together with the design width of the roadway will require that the City revoke the State Aid designation of the route and pay for the project with local funds. No sidewalk or trail improvements are considered as there are already concrete sidewalks on both sides of the street. Amenity improvements are provided for as Option 1, which includes boulevard trees as �SYN • part of the roadway improvement, and Option 2 which, along with die boulevard trees, provides for the burial of overhead utilities and replacement and addition of street lighting. Given the current land use for the area, the existing sewer and water utilities have adequate capacity, and therefore, no substantial upgrade is recommended at this time. The utility improvements which would occur during the street reconstruction would be limited to localized repairs of the sanitary sewer and water main, with minor upgrades to the storm drainage system. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The estimated project cost for the roadway improvements for this street segment, including boulevard trees, is $225,000. If overhead utility burial and street lighting improvements are included in the proposed roadway reconstruction, the total project cost is estimated as $325,000. Repairs of and /or improvements to the sanitary sewer, water main and storm sewer would be funded by their respective Utility Funds, and no costs for such work are included in this report. If the City were to reconstruct this segment of Humboldt Avenue without allowing on- street parking, or at a width _ 36' that State 'd parking width ( 36') Ai rules require for the provision of on street parl.m along one side, it would be possible to fund the roadway project costs by a combination of Regular and Local State Aid funds. The g g rovision of on- street parking with the desin width f P p � � 0 30 feet necessitates the consideration of special assessments as a fund source. If special assessments in an amount totalling at least 20% of the roadway project costs are levied against benefitting properties, then a portion of or all of the project costs can be financed by the sale of a bond issue provided proceedings are completed in full compliance with Minnesota Statutes, Chapter 429. This report assumes the recovery of at least 25 % of the roadway • project costs by special assessments, to accommodate the potential decrease in revenue due to contested assessments or reductions from deferments or possible stabilization program. Lacking specific appraisals, this report also assumes that the City would not be able to show benefit of the proposed improvements to the apartment or commercial properties adjacent to Humboldt Avenue, and accordingly, presumes no special assessment revenues from those properties. Please refer to Figure 1 for a summary of the estimated costs and financing options for two levels of roadway and amenity improvements. The City's current special assessment policy allows for owners of corner residential lots to chose which street improvement to be assessed for. The impact of allowing for that choice, assuming the worst case of all corner lots in this segment of Humboldt Avenue deferring until side - street improvements are complete, has a dramatic effect on the assessment rate necessary for the recovery of 25 % of the roadway costs. The City Council may wish to consider amending this policy for this project, or requiring owners of these corner properties to waive their right of deferment. .. Please refer to Figure 2 for a map of the benefitted properties. The improvements described herein are feasible under the conditions outlined and at the costs estimated. Mark J. Maloney, E. CITY ENGINEER • HUMBOLDT AVENUE ROADWAY COSTS AND FINANCING OPTIONS OPTION 1 ROADWAY: 30' wide, curvilinear, minimal amenities, stop signs • MSA standard, No parking Non -MSA, parking STREET COST $225,000 STREET COST $225,000 ASSESSMENTS $0 @ 38 properties* ASSESSMENTS $1,480 @ 38 properties* $0 @ 25 properties* $2,250 @ 25 properties" BONDS $0 BONDS $168,750 ANNUAL DEBT SERVICE $0 ANNUAL DEBT SERVICE $24,000 (Levy increase or budget cut) (Levy increase or budget cut) REGULAR STATE AID $205,000 REGULAR STATE AID ($0- 10,000) ** (Annual reduction in state aid for construction) LOCAL STATE AID $20,000 LOCAL STATE AID $0 OPTION 2 ROADWAY: 30' wide, curvilinear, stop signs, underground electrical, typical lighting and landscaping MSA standard, No parking Non -MSA, parking STREET COST $325,000 STREET COST $325,000 ASSESSMENTS $0 @ 38 properties* ASSESSMENTS $2,138 @ 38 properties* $0 @ 25 properties* $3,250 @ 25 properties* BONDS $0 BONDS $243,750 ANNUAL DEBT SERVICE $0 ANNUAL DEBT SERVICE $35,000 (Levy increase or budget cut) (Levy increase or budget cut) REGULAR STATE AID $205,000 REGULAR STATE AID ($0- 10,000) ** (Annual reduction in state aid for construction) LOCAL STATE AID $120,000 LOCAL STATE AID $0 NOTES: "38 properties" refers to the total number of residential parcels fronting on Humboldt - that is, the total number of properties assessed if corner properties had no choice whether or not to be assessed. "25 properties" is the total number of non- corner properties - that is, if every corner property chose not to be assessed, that is the number of parcels which would share the cost. W The net annual reduction in state aids for construction. Assumes Humboldt 69th -73rd would be removed from the state aid system, and replaced with comparable mileage on some other street. THe actual impact would depend on the design. ■ 1111 1111 �■■� �■� �■■■ �■■� ��t � i■ 72M N. jo ■■■■■1110■ ■■� ,■■, - �� ' ti ■■ one ■ : i , : � VAO . . . . .s '000 , i i • i , son Now =•fit : = � ■ � 1 s � y s • • �1 1 3 CITY OF BROOKLYN CENTER SPECIAL ASSESSMENT CERTIFICATION ROLL' HUMBOLDT AVENUE STREET IMPROVEMENT MUNICIPAL CODE NO. 22 OWNER LEVY PROPERTY ADDN. PROPERTY ASSESSED Name NO. I IDENTIFICATION NO. NO. AMOUNT Address Mailing Address 25- 119 -21 -33 -0049 89642 $4,725.00 6900 Humboldt Ave N MIDWEST AREA INC. Lot 5, Block 1 6900 Humboldt Ave N NORTHBROOK TERRACE Brooklyn Center, MN 55430 25- 119 -21 -33 -0047 89642 $8,938.02 6910 Humboldt Ave N NORMAN CHAZIN Lot 3, Block 1 5353 Wayzata Blvd. Suite 602 NORTHBROOK TERRACE Minneapolis, MN 55416 25- 119 -21 -33 -0046 89642 $9,523.08 6920 Humboldt Ave N NORMAN CHAZIN Lot 2, Block 1 5353 Wayzata Blvd. Suite 602 NORTHBROOK TERRACE Minneapolis, MN 55416 26- 119 -21 -44 -0069 89473 $6,185.02 1500 - 69th Ave North CITY OF BROOKLYN CENTER Lot 2, block 1 6301 Shingle Creek Parkway HORBAL ADDITION Brooklyn Center, MN 55430 26- 119 -21 -44 -0070 89473 $21,331.80 6915 Humboldt Ave N BROOKDALE TOWERS PROGRAM Lot 3, Block 1 c/o Ira Sklader HORBAL ADDITION 5217 Wayzata Blvd. Suite 212 St. Louis Park, MN 55416 $50,702.92 Council Meeting Date 2/27/95 3[City of Brooklyn Center Agenda Item Number p C Item Description: Request For Council Consideration • STAFF REPORT REGARDING POSSIBLE MUNICIPAL STATE AID STREET SYSTEM REVISIONS Department Approval: 6 k"p. -S?tCJk67. Diane Spector, Director of Public S v' s Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Consider removing the MSA designation from 67th Avenue east of Dupont Avenue, and designating 73rd Avenue from Humboldt to to Dupont Avenues a Municipal State Aid route. If so direct staff P P , notify the Office of State Aid that a formal Council action will be forthcoming. Summary Explanation: su ortin documentation attached Yes ( PP g ) The 1957 Legislature authorized the establishment of a Municipal State Aid (MSA) street system in cities with a population of 5,000 or more. The purpose of the MSA system is to provide for a network of collector or arterial local roadways that allows the adequate and safe movement of vehicles within and between cities. Cities may designate up to 20 percent of their local roadway mileage as MSA streets. Cities are provided annual monetary allocations for the construction, reconstruction, repair, or rehabilitation of their municipal or county state aid routes, and an annual allotment for maintenance. Brooklyn Center has designated 21.3 miles of its 106.33 miles of local streets as MSA streets (we refer to the remaining 80 miles as neighborhood streets), the maximum allowed. The attached map shows the state aid system. An obvious missing link in the system is the segment of 73rd Avenue from Humboldt to Dupont. The Brooklyn Park side of 73rd is designated an MSA route. This segment meets the criteria for state aid designation: 1) The roadway is functionally classified as a collector or arterial (it is classified as a • collector); 2) The roadway connects points of major traffic interest (Humboldt to Dupont); and 3) The roadway is part of an integrated street system. Request For Council Consideration Page 2 The most obvious advantage of designation would be that the segment would be eligible for state aid • funding to finance its reconstruction in 1996. This would reduce the amount of bonding required for the 1996 street program, resulting in a lower property tax burden for debt service. The most obvious disadvantage would be that reconstruction would have to be done in accordance with state aid standards. Options would be a 26 foot wide road with no parking, a 32 foot wide road with parking on one side, or 36 foot wide road with parking on both sides. However, within those standards there is still room for creativity. Protected parking bays could be provided where parking is requested. If the Council wishes to consider designating that segment of 73rd a state aid route, because the system is at maximum mileage the designation must be removed from some other segment. The most likely candidate is 67th Avenue east of Dupont Avenue. Since 67th Avenue was disconnected from old Lyndale this segment no longer meets the criteria for designation, but it has remained grandfathered in the system. The state aid financial impact of this "swap" would probably be neutral. The procedure for such a change to the system is this: 1) By March 1 of each year the District State Aid Engineer must be notified of any contemplated route designation changes. 2) After the Engineer's review and approval, the Council would by resolution request the Commissioner Office of State Aid and the Commissioner of Transportation to approve the • designation. Requested Council action in direction to notify the District State Aid Engineer of these proposed revisions to the state aid system: removal of the designation from 67th Avenue east of Dupont Avenue, and designation of the Brooklyn Center half of 73rd Avenue from Humboldt to Dupont. • z . o BROOKLYN PARK ! o4 €t n_ z I) �.ccrnl 'I rt wxr ,re r i a A ; I cr +r s rnl_ �f L o I — s m vE� -- 0° �b "� tEeE _ J��_ _q r E � J l r, l _ I 1 x o(I�� zrs or IP -_� 0 )� !�iu +x ti t -- ti � O a� I ���(��It,(f yL it w* II� I a sog - re�dZ ( \�' l 002b 0. wnw I !!, it a r[ �I N l 4 ('40 In9H 9.n 2 �" " �L- f aet w 1 �� J , E,K$� 11.' (E� �]�_ 1p )I j j! A,k J `� N` � / CI ` aq LrR II, ! ,�t 4 1 ( 0 l o p , 1 11LS IC1 �iAYE {I X69 e7oo�� ! IWBEn ! imr w �� If= �a $ Zc b "+ a � �.. C IErnr „s A , j { 1 1 LW A I TT - / � 0S11 1 n .� } I� V vt. 4(An r 2 � Scq � i n +rE O � ! Z� I f i 2550 r I I�; �� �_Kh21 v 7 DES �,,_ ooro1 4 F'� 0 �1 1 c 0 3]), OOSIi� r sti UB�I E �_ 7� CI M:. mxl "a lE M M,1HI N A (ALtl w �_dYF O II ]. ° z ° ' OSb2 0012 �I Bp ¢ i rn • 1300 7A70 I I Z rn rn ° _ (bb m II _ N �I (L .2475 1 �� ° n C.:' vn I E !I II A nL� S .� ILL N) - -- Iti F v Y' .� 1 n — ✓r { '� •.yam.,",r ^'s k LLL1,1S; _,,� '7NK AU, `t � , 1jn \-EA a Z lllilS Jy fRIf1l E A o U Council Meeting Date 2/27/95 City of Brooklyn Center Agenda Item Number tion: Item Descri Request For Council Consideration P DISCUSSION OF DEVELOPMENT OF A PROCESS FOR A COMMUNITY IMPROVEMENT BOND ISSUE Department Approval: Diane--S - pector, Director 'of Public Services Manager's Review /Recommendation:' No comments to supplement this report Comments below /attached Recommended City Council Action: Three motions: 1) Authorize staff to develop an RFP for architectural services relating to proposed government building improvements; 2) Authorize the development of draft opinion survey questions; • and 3) Direct staff to advertise for community members willing to serve on the Community Improvements Task Force, and to prepare a final resolution creating the task force. Summary Explanation: (supporting documentation attached Yes At the Council's February 21, 1995 work session a number of items were discussed relating to the proposed bond issue for government building, park, and recreation capital improvements. This item brings to the Council for its formal action the results of that discussion. Attachment 1 shows the proposed schedule for consideration of a bond issue. To accommodate that schedule, and to provide information necessary to make decisions regarding potential projects, the Council is requested to authorize staff to begin work on the following items. Architectural Services Most of the information we have regarding possible government building improvements was completed for a 1988 -89 space needs study of several facilities. While that information is adequate for planning purposes, if building improvements are to be considered then that data should be revisited by an architect. Certainly costs have changed over the past several years, as have building codes. Our space • needs have also changed and should be rethought out in light of changing technology, customer service needs, and accessibility requirements. In accordance with the City's Policy For Procurement of Professional Services, staff requests Council authorization to prepare an RFP for architectural services. This RFP would also include services related to soil testing, mechanical, electrical, and structural engineering, and space planning. Request For Council Consideration Page 2 Survey Questions Council has previously accepted the proposal of Decision Resources, Inc. to provide opinion survey services. We have been waiting to begin this process until staff and the Council had agreed on a package of improvements to be considered, so that questions would not be "wasted" on projects that had no realistic chance of being included. While we still have not formally agreed on a package, we can't go any farther without the type of information the survey would provide, such as how much taxpayers are willing to pay for community improvements. Staff requests the Council to authorize the development of draft survey questions that are in accordance with the types of improvements we have been discussing over the past few months. The Council and the Community Improvement Task Force would approve the final versions of the questions, and authorize beginning the actual survey. Community Improvement Task Force Attached is a draft version of a resolution enabling the ad hoc Community Improvement Task Force. The Council has said that it would wait to enact the resolution until after membership on the Task Force has been solicited from the community. However, some information regarding the mission of the task force should be available to prospective members. I recommend that the Council review the "Scope" and "Purpose" sections of the resolution, and make any changes now. We would use those sections in the application information we provide to prospective members, and in the advertisements for members. These two sections from the resolution are reproduced below: Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to proposed government building, park, and recreation capital improvements. Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to review capital improvement needs; evaluate taxpayer attitudes and opinions regarding improvements ; evaluate financing options regarding such improvements; prioritize improvements; and make recommendations regarding the scope of improvements to be considered, preferred financing methods, and priorities for implementation. Staff requests direction from the Council to advertise for members in the Community Improvement Task Force, and to bring back the enabling resolution to the Council for formal action at the time the membership is selected on March 27, 1995 • h " , � • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE COMMUNITY IMPROVEMENT TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES WHEREAS, the Brooklyn Center City Council has authorized the creation of an ad hoc committee for the express purpose of evaluating issues related to possible government building, par, and recreation capital improvements, and assisting the City Council in formulating priorities related to proposed improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that there is hereby established within the City of Brooklyn Center an advisory ad hoc Task Force as follows: Subdivision 1. TITLE: This organization shall be known as the Community Improvement Task Force. Subdivision 2. SCOPE: The scope of activity of this Task Force shall consist of advising the City Council regarding matters relevant to proposed government building, park, and recreation at capital improvements. P P Subdivision 3. PURPOSE: The general purpose of this Task Force shall be to review capital improvement needs; evaluate taxpayer attitudes and opinions regarding improvements ; evaluate financing options regarding such improvements; prioritize improvements; and make recommendations regarding the scope of improvements to be considered, preferred financing methods, and priorities for implementation. Subdivision 4. DUTIES AND RESPONSIBILITIES: In fulfillment of its purpose, the duties and responsibilities of the Task Force shall be to: Report to the City Council by with a specific set of government building, park, and recreation improvements that merit further consideration, and a recommended implementation and financing plan. Conduct public informational meetings as necessary. Others ?? Subdivision 5. COMPOSITION: The Task Force shall be composed of up to (_) members, all of whom shall be appointed and serve as set forth in Subdivision 6. Resolution No. LZ Liu" Subdivision 6. MEMBERS METHOD OF SELECTION - TERM OF OFFICE - REMOVAL: Chairperson The Chairperson shall be appointed by the Task Force from its membership. The Chairperson shall assure fulfillment of the following responsibilities in addition to those otherwise described herein: 1. Preside over meetings of the Task Force; 2. Appear or appoint a representative to appear, as necessary, before the City Council to present the viewpoint of the Task Force in matters relevant to business under consideration by the City Council; 3. Review all official minutes of the City Council and other advisory commissions for the purpose of informing the Task Force of matters relevant to its charge. Vice Chairperson A Vice Chairperson shall be appointed by the Task Force from its membership. The Vice Chairperson shall perform such duties as may be assigned by the Chairperson and shall assume the responsibilities of the chair in the absence of the • Chairperson. Representation: The Task Force shall be comprised of the following members: 1. One (1) representative from each of the following Commissions: Financial, Planning, Park and Recreation, Housing, and Human Rights and Resources. Each Commission shall designate a representative from its membership. 2. Up to (_) community members at large, including representatives from both the residential and business communities ( ? ?). Members' Term of Office Members of the Task Force shall be appointed by the Mayor with majority consent of the Council. The terms of office shall be for the life of the Task Force as set forth in Subdivision 11. In the event an appointed member suffers from an extended illness, disability, or other activity preventing proper fulfillment of duties, responsibilities, rules and regulations of the Task Force, the member may be temporarily replaced during the temporary leave by an interim member. Interim members of the Task Force shall be appointed by the Mayor with majority consent of the City Council. Conflict of Interest Members of the Task Force shall comply with provisions of the City of Brooklyn Center's business ethics policy. t :- r:_:s .�.�, � •, -a fi t, =� .- :+�°`� Resolution No. U • Resignations- Removal from Office- Vacancies Members of the Task Force may resign voluntarily or may be removed from office by the Mayor with consent by majority vote of the City Council. Three consecutive absences from duly called Task Force meetings or absences from a majority of duly called Task Force meetings within one calendar year shall constitute automatic resignation from office. The City Manager shall inform the Mayor of such automatic resignations. Vacancies in the Task Force shall be filled by Mayoral appointment with majority consent of the City Council. Compensation Members shall serve without compensation. Subdivision 7. RULES AND PROCEDURES: The Task Force shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of business. Subdivision 8. MEETINGS: The initial meeting of the Task Force shall be convened within thirty (30) days after establishment by the Council. Thereafter, regular meetings shall be held with date and time to be determined by the Task Force. Special meetings may be called by the chairperson. Subdivision 9. STAFF: The Mayor with majority consent of the Council shall assign one member of the City's staff to serve as staff to the Task Force. The staff member assigned • shall perform such clerical and research duties on behalf of the Task Force as may be assigned by the chairperson. Subdivision 10. EX OFFICIO MEMBERS: A representative of the City Council ( ? ?) and the City Manager ( ? ?) shall serve as ex officio members of the Task Force, privileged to speak on any matter but without a vote, and shall provide a liaison between the Task Force and the Council. Subdivision 11. TASK FORCE TERi'�1: The provisions of this resolution shall expire upon Council acceptance of the Task Force's final report, unless specifically extended by the City Council on or before said date. 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.