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HomeMy WebLinkAbout1994 02-28 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER FEBRUARY 28, 1994 7 p.m. 1. Call to Order 7 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Report 6. Approval of Agenda and Consent Agenda JYJ - I-))K P'L/0-ni�) 7 C t- lcL -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 7. Approval of Minutes: a. January 31, 1994 - Work Session b. February 7, 1994 - Regular Session C. February 14, 1994 - Regular Session c's -4 " 8. Mayoral Appointments: a. North Metro Convention & Tourism Bureau Board of Directors b. Shingle Creek Watershed and West Mississippi Watershed Commission 9. Planning Commission Item: a. Planning Commission Application No. 94001 submitted by Nickels and Dimes, Inc. Request for special use permit approval to operate an Amusement Center at Brookdale Center. This application was recommended for approval by the Planning Commission at its February 16, 1994, meeting. J R 10. Discussion Items: a. Allocation of Year XX (1994-1995) Community Development Block Grant Funds o b. Freedom of Speech/Opinion Signs I-YA C. Recommendation from Park and Recreation Commission to Request Council to Reconsider the 1994 Funding Cut for Brooklyn Community Band 1: e endi \\, �nding 994 neral.- Qe �io_ ding , r t e roo Co�Tmiunity Bane' d. North Metro Highway 100 Council " c 4t X CITY COUNCIL AGENDA -2- ' r February 28, 1994 cf 4� 1. Resolution Amending the 1994 General Fund Budget to Provide Funding for North Metro Highway 100 Council, Inc. r Y)"? e. Northwest Area Improvements''' >. 1. Resolution Receiving Engineer's Report Regarding Improvements in the Northwest Area (Improvement Project Nos. 1994 -11 and 1994 -12) and Calling for a Public Hearing I k ° I 1 17 �'.- i f. James /Knox /54th Avenues Improvements 1. Resolution Receiving Engineer's Report Regarding Improvements on James /Knox /54th Avenues (Improvement Project Nos. 1994 -01 and 1994- 02) and Calling for a Public Hearing a g. Humboldt /73rd Avenue Improvements 1. i' esolution Sele g Permanent rovement Optio for Humboldt A enue Nort and vialling for X ubli Hearing ' yn 2. Res�Nutio y Selecting �erm vent Impro Options for Humboldt Avenit�orth 3. Resolution Selecting Interim Improvement and Study Options for Humboldt Avenue North . .�_ "11: R= eso�utions , ,� ns a. Authorizing the Transfer of Funds from the Drug Forfeiture Fund o e Purchase of Police Department Items Requested * b. Authorizing the Purchase of Two (2) One - Half -Ton Pickups ✓r _.° -This acquisition is included in the 1994 budget..._, sc. Accepting Bid and Authorizing the Purchase of One (1) Sidewalk Snowplow With Snow Blower s` This acquisition is included in the 1994 budget. xj ` d. Accepting Bid and Authorizing the Purchase of One (1) Water Tanker and Flusher -This acquisition is included in the 1994 budget. e. Accepting Proposals for Professional Services Relating to Hazardous Substance Removal and Indoor Air Quality Evaluation, Central Garage Improvement -f Project No. 1993 -19 * 12. Licenses 13. Adjournment _:' CITY OF BROOKLYN CENTER Council Meeting Date fon ar9 2s. I994 Agm& Ilan Namb" REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - JANUARY 31, 1994 - WORK SESSION CITY COUNCIL MINUTES - FEBRUARY 7, 1994 - REGULAR SESSION CITY COUNCIL MINUTES - FEBRUARY 14, 1994 - REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECON MENDATION: No comments to supplement this report Comments below /attached • SU EVIARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION i MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL WORK SESSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CITY COUNCIL WORK SESSION JANUARY 31, 1994 CONSTITUTION HALL CALL TO ORDER The City Council Work Scssion was called to order by Mayor Todd Paulson at 7 :05 p.m. POLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, and Council Secretary Debbie Wolfe, Mayor Paulson welcomed the residents present and stated the agenda for the meeting this evening is a discussion of the Humboldt Avenue/73rd Avenue improvements. He introduced the City Manager to begin the staff presentation. STAFF PRESENTATION The City Mwiager explained staff was directed by the City Council on 11122/93 and 12/20/93 to hold a "Step S" informational meeting regarding proposed improvements to Humboldt Avenue and to 73rd Avenue, which was held on January 19, 1994. Staff was also directed by the Council on 11/22/93, to collect necessary data to proposed concrete proposals at a work session on January 31, Based on Council actions 1220/93, the following schedule is to be followed, following this work session; 2/14/94 City Council considers adoption of a resolution which "adopts one concrete solution" and sets 3/14/94 as the date for a public hearing can the proposed improvement. mid - February Public informational meeting(s) (Step 7 of the Building Block process) -if so directed by the City Council. Week of February 28 Notices of public hearing(s) sent to all property owners on Humboldt Avenue (and 73rd Avenue). 0 1/31/94 - 1 - March 2 and 9, 1994 Notices of public hearings) published in the Brooklyn Center Post (the City's official newspaper). March 14 Public hearing(s) conducted Resolution(s) ordering improvement(s) considered by City Council at this meeting, or at a future meeting. The City Manager stated during the past four months much effort has been directed to monitoring and evaluating existing conditions, attempting to "define the prublcros ", developing options for consideration, and evaluating the impacts of those options. A report prepared by staff, presented to the Council documents that information. The City Manager introduced City Engineer Mark Maloney who continued the presentation. The City Engineer stated five criteria were adopted by staff when evaluating the effective solutions as follows: Criteria #1 to the extent possible, the goal should be to eliminate "External to External" traffic (i.e. - traffic which uses Humboldt Avenue as a bypass through the neighborhood - whether that be from T.H. 252 to T.H. 100, from the northerly section of T.H. 252 to the southerly section of T.H. 252 or to 1 -94 or 694, or between other outside origins and destinations). Criteria #2 to the extent possible, system changes should be considered which would accommodate "External to Internal" and "Internal to External" traffic (i.c. - traffic from/to the Trunk Highway system going to /from an origin or destination within the neighborhood) by utilizing those collector streets which are least disruptive to the neighborhood. Criteria #3 "Internal to Internal" (i.e. traffic from the neighborhood journeying to a location in the neighborhood) traffic needs to be accommodated. Criteria #4 any "solution" should provide a net benefit to the entire neighborhood, rather than benefit one segment of the neighborhood to the detriment of anu ier. Criteria #5 any "solution" needs to be evaluated on the basis of at least the following factors: impacts on people - with special consideration of the impacts on abutting property owners and tenants impacts on property values impacts on the larger neighborhood and the community - 1/31/94 -2- including commercial developments Impacts on the transportation system impacts on mass transit services, emergency services, etc. costs and availability of funding Staff has developed two proposals in which they have attempted to meet the five criteria. Proposal No. _1 -A "Build in_ 1994" Alternative Wccan tru�n On ion) If the Council wishes to proceed with a "Build in 1994" alternative -at this time, staff recommends the following "package plans" which combines parts of several basic options: Reconstruct Humboldt Avenue to a 30 -foot width (Option 3b) or to a 26 foot width (Option 3a). Reconstruct Humboldt Avenue from 65th to 69th Avenue, using a landscaped center island parkway design (Option 7). Reconstruct rd Avenue to a narrower width than the existing 73rd Avenue 73 8 roadway, except where provisions for on- street parking are determined to be necessary. This improvement could incorporate a curvilinear alignment and should include installation of sidewalk(s). The City Engineer noted the City of Brooklyn Park would need to agree with, and participate in tho selection and implementation of any alternative on 73rd Avenue. Along with any roadway improvements, incorporate generous landscape and streawape improvements, driveway designs which improve access to quid exit from residential properties, and other features designed to improve the Humboldt Avenue Environment and reduce specific traffic problems. (Optional) Install traffic signal system(s) on Humboldt Avenue at 69th Avenue and/or at 73rd Avenue. Install all -way stop signs at the school crosswalk at 72nd Avenue. Request the City of Brooklyn Park to consider traffic control measures which discourage the use of Humboldt and/or 73rd Avenues as bypasses for "External to External" traffic. Work with the Minnesota Department of Transportation (Mn/DOT) and Brooklyn Park to implement some form of changes to the T.H. 252/Humboldt Avenur, intersection (Option 8). 1/31/94 -3- - Work with MnDOT to investigate and implement short -term and long -term improvements to T.H. 252 (Option 9). .H. Work with MnDOT to investigate possible changes to the Humboldt Avenue fI' 100/1 -694 interchange (Option 10). Proyo5al No. 2 - An "Interim Action and Study" Alternative A considerablc effort has been made to evaluate existing conditions, define the problems, identify and evaluate options. The license plate studies which were conducted were specifically designed to provide information regarding two issues which, at first, appeared to be the major issues which citizens wanted the City to resolve, i.e.: on Humboldt Avenue - the issue of through traffic from T.H. 252 to T.H. 100. on 73rd Avenue - the issue of non - resident traffic. Additional studies to provide answers to unanswered questions could be considered to include: A complete, detailed origin/destination study of all "external to external" and "external to internal" trips through a specifically defined area or neighborhood. Detailed, computerized analyses of the impacts of any number of system change options. Air quality studies Other environmental studies If the City Council does not wish to proceed on the basis of Proposal No. 1, staff recommends consideration of the following "Interim Action and Study" alternative: Place a bituminous overlay on Humboldt Avenue in 1994 to improve its surface condition and extend its life for two or three years while the following descnbcd evaluation process is conducted. Sealcoat 73rd Avenue in 1994 to extend its life two to three years. i Install all-way stop signs at two additional intersections (i.e. - at the school crossing at 72nd Avenue and at the 70th Avenue intersection). - (Optional) Consider installation of traffic signals on Humboldt Avenue - at 69th Avenue and/or at 73rd Avenue. - Install all -way stop signs at the 73rd Avenue/Dupont (south leg) intersection. 1/31/94 -4- Monitor possible detouring of traffic to other streets in the neighborhood, and implement "neighborhood traffic control measures" on an as- needed basis, Request the City of Brooklyn Park to consider traffic control measures on their street system. Request Mn/DOT to study and make changes in its highway system - which will reduce the bypass problems and other identified problems. In cooperation with the City of Brooklyn park, create a special task force, with representation from the residential areas of Brooklyn Center and Brooklyn Park, from business establishments, staff and/or City Council members from the cities of Brooklyn Center and Brooklyn Park and with representation by Mn/DOT. Charge the task force with the responsibility to conduct needed studies and public meetings as they dctcrminc to be necessary for the development of a comprehensive planning and transportation plan for the area of Brooklyn Center and Brooklyn Park between West River Road and Zane, from 69th Avenue to Brookdale Drive (or 85th Avenue). Direct the task force to develop and submit their plan within some specified time limit, so that implementation of the plan may then begin. The City Engineer reviewed each of the 11 options based on the following criteria: 1. Estimated Impact on Traffic Volume and Traffic Problems on Humboldt Avenue. 2. Estimated Impact on Traffic Volume and Traffic Problems on 73rd Avenue. 3, Estimated Impact on Traffic Volume and Traffic Problems and Other Impacts on Greater Neighborhood. 4. Estimated Impact on Traffic Volume and Traffic Problems on Total Transportation System 5. Impact on MTC buses, School buses, Emergency Services, etc. 6, State .Aid Funding impact 7. Impact on Comprehensive Plan S, Environmental Studies Required? 9. Aesthetic Impacts 10. Costs and Special Assessments The eleven (11) options reviewed were: Option 1 Cul -de -sac Option 2 Median Barrier Option 3 Improvements Within the E2dsting Right -of -Way Option 4 Purchase the homes on one side of Humboldt and construct a 4 -lane divided roadway (similar to 69th Avenue) Option 5 Traffic control measures such as multiple all -way Stop intersections and/or traffic signals 1!31/94 -5- Option 6 One -way Street System Option 7 Divided roadway 65th to 73rd within existing right -of -way Option S Modifications to 'T',H. 252/Humboldt Avenue intersection Option 9 Mn/DOT Modifications to T.H. 252 Option 10 Modifications to Humboldt Avenue(IH 140 Ramps Option 11 Neighborhood Traffic Controls The City Manager summarized the two options recommended by staff as the Reconstruction Option and the Interim Proposal. He stressed the importance of Brooklyn Center working with Brooklyn Park and Mn/DOT on the project no matter which option is selected. COIUNCIL DISCUSSION Councilmembcr Rosenc stated his philosophy concerning the project is to protect the neighborhood. He stated he would rather treat the disease instead of the symptoms. He continued the City cannot deal with the entire problem, but it must do what it can to improve the situation. Mayor Paulson asked staff if there are any other options that should be considered by the Council. He. added one interesting option mentioned previously was to havt; a business diverter off of TH 252 along 69th to Humboldt that would allow access to the Humboldt Avenue businesses but avoid bringing traffic through the neighborhood. Councilmember Kalligher asked Mayor Paulson if under the business diverter option Humboldt Avenue would be closed or open. Mayor Paulson responded lie was not sure what would happen to Humboldt. PUBLIC INPUT Mike Schwartz, 7100 Humboldt Avenue N., suggested traffic diverters be used. If designed correctly, he said the northern neighbors would be able to find their way through. He added he believes those who want to find alternative routes will get to where they want to go. He stated he cares about the neighborhood and feels diverters would keep the traffic off the side streets. C.ouncilmember Rosene suggested one possibility would be to have =its from Humboldt Avenue south and north restricting the traffic. Mr. Schwartz showed the Council possible chokers where traffic could be restricted for hours hours in the morning going south and three hours in the afternoon going north. He stated this would eliminate some of the rush hour traffic. He also suggested speed bumps be implemented on Newton, Dupont, and Humboldt. C.ouncilmember Mann asked if diverters on Humboldt Avenue would require Metro Council involvement, 1131/94 The City Engineer stated anything that would prevent Humboldt Avenue from going between Brooklyn Center and Brooklyn Park would require agreement of both cities. David Olsen, 150173rd Avenue No., stated he has been the mouthpiece for the Humboldt Avenue Residents Association (HARA). He asked the HARA members in the audience to stand_ He added he has been working on this problem for five months and currently there is no proposal to shut down Humboldt Avenue. He stated all proposals reviewed kept in mind emergency vehicle access. He does not believe this problem will be solved with a single solution but only over a long period of time. He is concerned about the Humboldt Avenue businesses. He asked for a commitment from City staff; City Council, residents, and business owners that the traffic P=ently is too much for Humboldt Avenue, a neighborhood street. Mr. Olsen presented a petition of which 90% of the residents asked signed. He stated c onto other neighborhood streets and the HARA is against diverting traffi o Y want it diverted $ g $ back to TH 252. He agrees with Proposal #2 in creating a task force to look at the problem. He said HARA would prefer speed bumps and they like the idea of stop signs at every available intersection to bring down the ' traffic numbers. He continued restricting traffic during rush hours is an acceptable idea to HARA. Councilmember Kalligher asked if the City can add speed bumps to a State Aid road. The City Manager responded speed bumps cannot be used on a State Aid road. Councilmember Mann questioned Mr. Olsen as to whether Humboldt Avenue would stay the same with the diverters. Mr. Olsen responded Humboldt Avenue would stay he way Y it is and diverters can be constructed with the present condition of the road. Mr. Olsen added 73rd Avenue needs to be constructed to discourage drive - through traffic. Councilmember Rosene stated he supports the idea of a task force to look at the entire picture and hopefully take action to benefit both Brooklyn Center and Brooklyn Park. He suggested the Council pass a resolution creating the task force. Mayor Paulson stated he wants to keep tonight's discussions informal and no decisions are to be made during this meeting. Councilmember Mann stated she does not understand how the diverters would allow mass transit to go north and south. Mr. Olsen showed examples of diverters and added emergency vehicles could turn either way. He showed a sample of a choker and stated HARA would like the Council to consider chokers. Mr. Olsen stated we need to reduce the quantity of traffic and he is concerned about the rush hour traffic. Councilmember Scott stated she has not heard discussed the school crossing on 72nd Avenue. She stated residents have expressed this is not a safe crosswalk for the school. She suggested some signage prior to the crossing to alert traffic to the upcoming school crossing. Mayor Paulson stated there has been a crossing guard serving the crosswalk. 1/31/94 - 7 - Councilmember Rosene requested more residents express their ideas regarding the signal light at 73rd. He added possibly a long red light and shorter green light would divert some traffic. Councilmember Rosene stated personally he does not feel a 69th Avenu+; Signal is needed. Leland Stapher, 1113 73rd Avenue N., stated he feels a diverter is as close to a one -way street as it can be, He believes a one -way street would cut the traffic in half. He does not see why staff does not consider the taxpayers expense when coming up with options. A one - way street would be less expensive and the only way he thinks it can be done. Diane Neuens, 82nd and Dupont Avenue N., stated she works and shops in Brooklyn Center and does not consider herself an outsider. She feels part of the residents group but feels she is not being considered. She suggested the option of putting traffic signals up with no right turns allowed, She said this would allow residents time to get out of their driveways. She does not take TH 252 because she feels it is a dangerous street. She stated if Humboldt Avenue is closed, she will find another side street to take. She does not know why TH 252 cannot be-come a freeway, Councilmember Rosene thanked Ms. Neuens for her comments and he does consider her to .be part of the neighborhood. Mayor Paulson stated the integrity of the neighborhoods needs to be maintained and suggested Brooklyn Park residents talk to the Brooklyn Park City Council and voice their concerns about Humboldt Avenue and ask for improvement to TH 252, Virginia Bannister, 7240 Humboldt Avenue, stated traffic signals would prevent her from getting out of her driveway whether the light was red or green. Roy Jensen, 7208 Humboldt Avenue, feels the staff options laid out would hamper emergency traffic, He stated part of the problem on Humboldt Avenue has been caused by Brooklyn Parr, and Brooklyn Park is responsible for the problem and nceds to work with Brooklyn Center to resolve it. He added anyone who lives on Humboldt Avenue is aware of the noise and litter caused by the traffic. He is not in favor of traffic lights and would like to see a lot of stop signs and speed bumps. Councilmember Rosene stated one of the issues that did not come out in the options is keeping the integrity of the neighborhood. He feels Humboldt Avenue is a barrier between the East and West neighborhoods and divides them. He believes the Council should try to enhance the neighborhood, Lam Cuskey, 7024 Humboldt Avenue, stated he asked Councilmember Kalligher previously about Xerxes Avenue and asked if she had yet gotten an answer for Councilmember Kalligher stated she did and the City Manager will answer his question. The City Manager statcd there was a proposal to put Xerxes Avenue through but the major block was the 1/31/94 -8- environmental impact of putting a road through the swamp and expense of running along the single family homes along Palmer Lake, Mr. Cuske stated an emergency vehicle could not et throug on Humboldt Avenue and Y g cY 8 � he does not believe stop lights would help the situation. He stated if Brooklyn Park had done their part on Xerxes Avenue, Brooklyn Center would not be having this problem. He said there needs to be a way to push traffic out of the Northwest sector to TH 252. He encouraged the Council to look at the option of opening Xerxes Avenue. Debbie Pencil, 1500 Amy Lane, stated she has lived here 18 years and the issue is not just being able to get out of driveways but also the noise pollution, air pollution, and the safety of the children. She referred to the Brooklyn Park City Engineer's letter and understood it to read Mr. Brown thinks it is ok to live with the traffic the way it is now. She stated she is not crazy about stop lights or stop signs but likes the idea of traffic diverters and suggested they be constructed on the other streets as well. She added currently Brooklyn Park is diverting traffic from West River Road to TH 252 and she suggested Brooklyn Center follow the same action. She stated people are more important than pavement. Bernard Anderson stated he does not take Humboldt Avenue. He feels when 510 is completed the traffic will take 610 and he feels this is holding traffic up on TH 252. Rog Li old 7012 Humboldt Avenue, shared with the Council some of the thins that 8 Pp � g have happened on Humboldt Avenue. He stated he knew there was traffic on the street when he moved in and it didn't get bad until 5 -6 years ago when TH 252 came in. He did not expect Humboldt Avenue to become a major roadway as it has. He feels the problem is the traffic coming down Brookdale Drive. He suggested putting a stop light with no right turns during certain hours of the day. He said the no right turns would need to be enforced by the police, Tom Nystrom, 807 73rd Avenue N., asked Council if diverters are put on Humboldt Avenue whether th d diverters and chokers be p ut rd Avenue. H suggested he traffic would ,just use 73 gg P on 73rd Avenuc also. He suggested no left turns be allowed off TH 252 between 4 - 6 p.m. He asked staff if speed bumps could be put on 73rd. The City Manager responded since 73rd Avenue is a State Aid road speed bumps could not be used. He said a curvilinear System would be acceptable on an MSA road. Mr. Nystrom suggested traffic be metered on 610 from Coon Rapids and possibly the task force could look at that also. Mayor Paulson called for a brief recess at 8:50 p.m. The meeting reconvened at 9:05 p.m. Chuck I.enthe, 7007 Irving Avenue N., believes the decision will affect the greater neighborhood so he has spent some time trying to get more greater neighborhood r epresentation this eve Is there has been some exaggeration , He fee S e resentation at his meeting. p t g 1 ' 1 although he is nc�t saying the problem is not real. He �s g a d the HARA fees t he cul - de - sac is not a viable alternative. He feels traffic will only be diverted from Humboldt Avenue onto 1/31/94 9 the other nearby neighborhood streets. Mr. Lenthe added he would be happy to be on the task farce. Eli Iverson, 6900 Humboldt Avenue, stated the Council should consider putting in stop signs on every other block on Humboldt Avenue, He docs not want to see the City spending money on chokers when stop signs may work and they are cheaper. Mike Schwartz, 7100 Humboldt Avenue, stated his name and telephone number were on all literature distn`buted by HARA and questioned why Mr. Lenthe didn't contact him with any questions he had or request additional information about Humboldt Avenue. Duane Henzel, 1500 Amy Lazne, stated when dealing with Brooklyn Park and State of Minnesota it was very slow, He feels timing is everything on traffic signals and the problem with signage is enforcement which the police must do. Mr. Henzel stated he would like to see more police coverage at the schools. He feels if parking was prohibited on Humboldt Avenue it will discourage social contact with others denying them full use of their homes. Mr. Cuskey showed on the map the traffic patterns and stated the traffic is coming from Brooklyn Park. He added Brooklyn Park did make changes to reduce traffic in neighborhoods through the use of cul -de -sacs. He added Humboldt Avenue has a speed lima of 30 mph but the police do not enforce it. He asked that police tag violators immediately. He feels the elected officials need to stop the traffic. He is not asking for stop signs and the only way to stop traffic is with a cul -de -sac or look at the option of opening Xcrxcs, He does not want traffic around the school and Newton and Logan are the next streets to have the same problems as Humboldt Avenue. He added he pays taxes and docs 11UL due iu ye Lliis ti Gary Brown, Brooklyn Park City Engineer, explained what Brooklyn Park did with the cul- de -sac on West Diver Road between 73rd and 13rookdale Drive, He said this was done by the request of the neighbors that the through traffic be stopped, He stated the traffic counts were 600 cars per day and cannot really be compared to Humboldt Avenue. He is concerned that chokers and divertcrs may cause the same problems the slop lights do. He added Brooklyn Park put stop signs on Qmdlewvod in rrapvjiw to residents request and now the residents arc complaining about the stop signs, He estimated 2000 cars turn right on Humboldt Avenue from Brookdale Drive. He understands Brooklyn Park and Brooklyn Center entered into an agreement to use a consulting engineor to cvaluate the Zane Avenue interchange, He is concerned about the traffic in front of the schools. He agreed development in Brooklyn Park has caused increased traffic in Brooklyn Center on Humboldt Avenue but Brooklyn Park residents also use the Humboldt Avenue shops. He summarized there is a problem that needs to be addressed. 1/31/94 -10- Mayor Paulson thanked Mr. Brown for identifying himself as a representative from the City w 1 of Brooklyn Park, a city that sends traffic into Brooklyn Center. He state d it as helpful 1 to hear Mr. Brown's comments, He asked Mr. Brown for some solutions rather than just hearing what not to do. Mr. Brown stated the reason TH 252 is the way it is is due to funding available. He encouraged residents to contact the governor's office to request more funding for the highway system. He stated Brooklyn Park will work with Brooklyn Center to work on the Humboldt Avenue plans, He is concerned about changing the Comprehensive Plan because people purchase homes based on traffic counts. He stated Humboldt Avenue needs to be made safe for people trying to get out of their driveways. He stated what Brooklyn Park did on West River Road cannot be compared to Humboldt Avenue because Humboldt serves a much larger area. Councilmember Rosene stated they are both residential areas. He said a percentage of cars are just cutting through as they did on West River Road. Councilmember Scott asked Mr. Brown if he agreed that 20% of traffic is coming from Brooklyn Park and would he present to the Brooklyn Park City Council the suggestion of restricting turns during rush hours. Mr. Brown stated he is unable to respond at this time as he would want to look at the other impacts. Brooklyn Park is concerned about what will happen at other streets. Councilmember Scott asked Mr. Brown if he was willing to research and present to the Brooklyn Park City Council. Mr. Brown stated he would be. Mayor Paulson stated Brooklyn Park is unique with its large blocks or land and having to drive out of their way to get where they are going. Tom Nystrom asked what Mr. Brown's idea was for 73rd Avenue N. Mr. Brown stated Brooklyn Park recommends they enter into an agreement with Brooklyn Center to look at 73rd Avenue. He said some options are narrowing the width of the street and curvilinear development. Mr. Olsen stated as a member of the HA.RA he wants to thank Mr. Brown for his input. He appreciates his candid responses. He added some members of HARA live in Brooklyn Park. An upcoming project of HARA is to look at Meadowwood Drive. Mr. Olsen stated Brooklyn Center and Brooklyn Park are neighbors and HARA will help Brooklyn Park with their roblems, He continued people who live on 73rd Avenue deserve a residential road P p P with residential traffic numbers. He stated Humboldt Avenue is stuck with the setbacks in the area and they also deserve residential traffic. Mr. Olsen suggested an alternative route for traffic be 78th Avenue off of TH 252 and it should be identified as a major traffic route. Mr. Olsen feels they are closer now to getting a solution, but he has not heard anyone say they are committed to diverting traffic out of the neighborhood. Mayor Paulson agreed there has been some movement on sides and they are starting to come together. He is encouraged by the process this evening. He stated the Council will 1 -11- 1/3 /94 I not be taking action tonight and asked for Councilmembers reaction to what they have heard. He stated he believes the Council needs to come up with a policy of what is the overall objective He supports the residents, the businesses, and the need for a neighborhood level of traffic. He is willing to commit to diverting traffic from the neighborhoods He believes a consensus is bung reached and the road should not become a four -lane freeway. He supports stop sign placement and added pedestrian safety and emergency access are very important. He asked staff to look at the option of having a business access from 69th. He feels TH 252 is the biggest cause of the problem. He added assessments are another issue to what level sloes the City use diverters or choker points. Mayor Paulson asked staff to research this further. Councilmember Rosene agreed with Mayor Paulson's comments. He believes a stop sign on 73rd and Dupont would be a good idea.. He asked if it was possible to construct a curb higher than normal to prevent people from driving on lawns and turning around. The City Engineer stated the curbs could be constructed 10 inches high. The City Manager added one disadvantage to a high curb is if a car is low to the ground when parked on the street, they may be unable to open the car door due to the curb. The City Engineer stated the normal curb that is proposed would be a "B" curb which could be changed to a "V" type curb. The curb could be constructed with various height. Mr. Jensen stated he has lived in his house for 25 years and he would prefer to see Humboldt Avenue closed. Mr. Henzel, 1500 Amy Lane, added Humboldt Avenue is not an interstate or a County road. Clifford Hill, 7037 Humboldt Avenue sugg w id e ning , sugg ste w de g entrance from TH 252 on 69th Avenue. He also suggested putting a road over Palmer Lake which would take care of the Northwest traffic. Councilmember Scott thanked the residents for coming to the meeting and expressing their Concern h s. S e stated there is no easy solution for the problem. She added the Council well do their hest. The traffic did not develop overnight and will not go away overnight, ADJOURNMENT There was a mn ion by C'ojincilmemher K,-illighi�r , ind tended by C mincilmemher RO. sene to adjourn the meeting. The meeting adjourned at IOZ p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Debbie Wolfe TimeSaver Off -Site Sccrctarial 1131/94 -12- 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 7, 1994 CITY HAIL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Barb Kalligher, and Kristen Mann. Also present werc City Manager Gerald Splinter, City Attorney Charlie Lerevcrc, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, and Council Secretary Kathy Stratton, Covneilmemher Rosene had called to indicate he would arrive late because of a funeral. OPENING CEREMONIES The invocation was L)h with a moiiletlt of silence. OPEN FORUM Mayor Paulson noted the Council had received one request to use the open forum session this cvcning. Mike Schwartz, 7100 Humboldt Avenue, presented a revised petition regarding proposed Humboldt Avenue improvemcnts with an additional 2,50 names represented and gave a copy to the City Council for distribution, COUNCIL REPORTS Mayor Paulson read the list of names and addresses of the recent recycling winners and explained they would receive $50 certificates. He encouraged citizens of Brooklyn Center to kcep recycling, APPROVAL OF AGENDA AND CQNSENT AGEA Mayer Paulson inquired if any Councilmember requested any items be rernovcd from the consent agcnda. No requests were made. 2/7/94 - 1 - There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the February 7, 1994, agenda and consent agenda as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 94 -19 Membcr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) COMPACT MINIVAN FOR FIRE DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO 94 -20 Mvinber Celia Scutt introduced the fallowing resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF (1) TANDEM DUMP TRUCK The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and tho motion passed unanimously. RESOLUTION NO. 94 -21 Member Celia Scutt introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONE (1) SIDEWALK SNOWPLOW WITH SNOW BLOWER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOLUTION NO. 94 -22 M4mhQr Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONE (1) WAXER TANKER AND FLUSHER The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. 2/7/94 "2- RESOLUTION NO 94 -23 Member Colia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF DR. FREDERICK W. CAPSHAW FOR HIS DEDICATED PUBLIC SERVICE ON THE AD HOC CITY COMMUNICATIONS TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Mann to approve the following list of licenses: BOWLIN ALLEY Beacon Bowl 6525 Lyndale Avenue North Lynbrook Bowl 6357 North Lilac Drive MECHANICAL SYSTEMS Del -Air Heatiuig and Coaling 9834 James Circlu RENTAL DWELLINGS Initial: Lonnie and Heidi Amundsen 2816 67th Lane North Renewal: David Zemke 6813 Noble Avenue North TOBACCO RELATED PRODUCT American Amusement Arcades 850 Decatur Avenue North Lynbrook Bowl 6357 North Lilac Drive The motion passed unanimously. APPROVAL OF MINUTES JANUARY 24, 1994 - REGULAR SESSION There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the minutes of January 24, 1994, regular session as printed. The motion passed unanimously. 2f7/94 -3- DISCUSSION ITEMS PERSONAL SERVICES CONTRACT SY KNAPP The City Manager called attention to the memo in the Council packet which indicated PERA objected to Mr, Knapp's original employment contract because as written it would disqualify him from pension. He said a new contract has been devised through HNTB which was received by the City last week. The City Manager said the City Attorney had reviewed it and wanted to make a few comments. The City Attorney said the contract does not guarantee any of the projects will be completed, and the things listed in it are what Mr. Knapp will work on. He asked the Council to view the contract as a personal service agreement in which Mr. Knapp will provide his expertise at $62.50/hr not to exceed $10,000. He said this is slightly out of the ordinary but is a contract that allows the City to avail itself of the knowledge and expertise of Mr. Knapp during a transition. The City Manager recommended the following language be added: ' The allocation of consultant's time and the assignment of priorities among projects shall be subject to the direction of the City Manager, The City Manager may remove any program or project from the scope of work under this agreement and may cancel this agreement at any time." The City Manager said staff recommends the City Council approve this contract. Mayor Paulson expressed his confidence in the current staff and asked what would happen if the contract was not approved, and the City Manager explained some of the current projects on which Mr. Knapp was the exclusive staff mcmbcr would have to be dropped. Mayor Paulson asked which projects Sy was exclusive on, and the City Manager said Brooklyn Boulevard, City Garage improvements, Water Management at Brookdale, Capital Improvements, and Transit Hub at Brookdale. Mayor Paulson said he was not as comfortable with the contract as it seemed the City would have to pay more for the same amount of service. The City Manager said this arrangement is actually cheaper for the City. There was a motion by Couneilmember Scott and seconded by Councilmember Mann to approve the new contract. The motion passed. NORTHWEST AREA STREET AND UTILITY IMPROVEMENTS The City Manahcr introduced the City Engineer to give a report on developments in the Northwest Area improvement project. The City Engineer said the Step 5 meeting had been held for the Northwest area on January 25, 1994, at Willow Lane Elementary, He said out of 130 households notified, thirty -some were in attendance. He indicated the following new issues that had arisen at the meeting: school bus routes, drainage, on-strcet parking near parks, and impact on individual property 2/7/94 -4- owners. He said no Council action is necessary at this time but there would be a feasibility study presented in the near future. Councilmember Kalligher asked if answers to some of these resident questions would be made available to Councilmembers, and the City Engineer agreed the information would be available. Mayor Paulson asked that Councilmembers be notified of dates and times of these meetings. AGREEMENT WITH MTC REGARDING IMPROVEMENT PROJECT NO 1993 -18 MTC PARK AND RIDE The City Manager stated this agreement was approved by the MTC Board of Commissioners at its Janvary 2 1994, meeting. The Public Works Coordinator reviewed the major components of the agreement. She explained MTC will pay for acquisition of 10 properties, and for const=ion, as well as a 2% administration charge to the City to total approximately $36,000. She said the only item of Nncern to the MTC: is the provision about potential assessments. for 65th Avenue improvements. She said in the event the Council chooses to levy special assessments, MTC agreed to pay one -third of that assessment, She gave a proposed schedule for construction of the entire project, which includes the Park and Ride, storm water pond and park, reconstruction of 65th Avenue, and other storm drainage improvements. Completion is expected in late summer of 1995. The City Manager explained they want to get moving on the acquisition and relocation of homes as people are "hanging in limbo" until the decision is made. RESOLUTION NO. 94 -24 Member Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION APPROVING AN INTERAGENCY AGREEMENT WITH MTC REGARDING DEVELOPMENT OF A PARK AND RIDE FACILITY IN THE NORTHWEST OUADRANT OF THE BROOKLYN BOULEVARD /65TH AVENUE INTERSECTION, IMPROVEMENT PROJECT NO. 1993 -18 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Mayor Paulson abstained from voting because of his service on the Metropolitan Transit Commission. 2/7/94 -5 - RESOLUTION NO, 94 -25 Member Celia Scott introduced the following resolution and moved its adoption. RESOLUTION AUTHORIZING STAFF TO SOLICIT PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO LAND ACQUISITION AND RELOCATION SERVICES, IMPROVEMENT PROJECT NO. 1993 -18, MTC PARK AND RIDE, AND 1992 -29, STORM WATER TREATMENT POND AT I6941BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. Mayor Paulson abstained from voting because of his service on the Metropolitan Transit Commission. 65TH -AVENUE/FAIR OAKS SCHOOL TRAFFIC - REPOT FROM ADMINISTRATIVE TRAFFIC COMMI1fi E The City Manager explained there was a report in the Council packet showing the history on this matter. The Public Works Coordinator said the Council had instructed staff to research the situation of cut - through traffic at the Fair Oaks School and come up with some solutions. She said the situation is difficult because buses have little space to turn around. She said the City of Brooklyn Park requested there be two separate entrances for public safety. She explained the people at the school fool locking a gate gives an air of unwantedness to residents on the east side of the school. She said the only solution devised thus far is to move the gate closer to the school and create a median through -the parking lot. Councilmember Kalligher said the problem with a gate is it is not shut at the times it needs to be. She added perhaps a key could be given to public safety vehicles that need to be ably; to get through, Councilmember Mann said if the gate were closed after all evening activities it would be worth giving a try. Dean Reiners, Principal of pair Oaks School, explained when the gate was first installed the custodian would lock the gate at 11 p,m. when he left. Then they started locking after the last scheduled activity in the evening. He said because the bus doors are on the right side, buses can only go through in one direction from the east entrance. He explained the school has had exemplary parental involvement and they do not want to do anything to jeopardize that, He explained there are activities at the school during the day that make locking the gate difficult. Councilmember Scott said the problem is the parking lot was designed poorly in the first place. 217194 -6- t. Mayor Paulson said the District has the right to take any action they want, but if it doesn't work, the City will get involved. t Lee Ulrich, 6506 Unity Avenue North, said he has a good view o f the driveway o the school. He said he set up a video camera and recorded, He learned that nine out of ten cars do not stop at the school at all. Travis Brown, 5230 65th Avenue, said he is now retired and has seen the gate has not consistently been locked. He expressed frustration that the issue has been addressed over and flyer but nothing has been done. He said he is concerned about safety because people who cut through don't obey the law and may not obey in other ways. He said when the Park and Ride is finished the problem will become worse. Gene Hammerlund, 6437 Unity Avenue, said he had clocked the time it would take to drive around the school, which was l minute, 45 seconds, and to drive through the school way 35 seconds. He said that was not enough time savings to jeopardize the lives of children. Jean Hammerlund, also of 6437 Unity Avenue, said she thought since there was no good option to solve the problem perhaps the road should be widened. She said when people = the cut - through most is on the way to and from work, which is when the gates are open anyway. Councilmember Kalligher commented the number of cars through there is very substantial, and the City Manager added much of the traffic was shown not to be school related. Councilmember Scott asked if the school is aware of the kind of problem they are creating for the neighborhood, and said if she were a school official her biggcst concern would tic for the safety of the kids, She added all involved should be looking for a permanent solution. Mayor Paulson said he would rather see solutions than everyone shooting down options. The City Manager reviewed the recommended solution by staff including moving the gate and construction of a permanent barrier in dividing the parking lot. Mayor Paulson asked how the School District would feel about that solution. Dale Hamilton, representative of School District #279, said they are receptive to that solution, He commented regarding any changes to the parking lot further improvements would be required but not as extensive as they had thought earlier. He said the key would he how much the gate is open, and agreed it is a safety concern. He said they would budget for installing this gate and barrier, but not for reconfiguring of the whole parking lot. ..1'7!9 4 -7- Councilmember Kalligher asked if it would be possible to have the gates open only for the buses, and Mr. Hamilton responded there are parents going in and out of the school during the day and there is no turn- around space. Arnie Simon, 5307 65th Avenue, said there is a lot of grass around the parking lot that could be made into useable space. Gary Nelson said he could understand the school district is worried about cost, but it seemed they did not hesitate to ask taxpayers for money to build another "Taj Mahal" so he thought they should forget about cost in this situation and get the problem fixed. Dwight Johnson said he thoug a ate is only p artial solution at best. � y a p Mayor Paulson asked about the option of adding another driveway, but the City Manager explained the road it would need to be made from was a private road to townhouses. The Mayor said whatever the solution is it will be based on the priority of preserving neighborhoods. He stated cars do not need to be able to go anywhere they want at any time, and drivers' need to save time is less important than the need to serve residents. Councilmember Scott said the parking lot never should have been constructed the way it is. She suggested the gate and barrier be constructed and then the City notify the school district it expects them to come up with an even better solution in their parking lot. She said in the meantime the gate should be put up and kept closed. Councilmember Mann concurred and added the fence should o through the ass and over 8 g Sr the curb as people might try to sneak through over the curb. The City Manager said there should be a committee formed of some of the residents present to help in determining the hours for gate closure. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to request the school district to put the gate closer to the building, open it only for buses and necessary times to be determined by the school and a committee of residents, and to construct a barrier dividing the parking lot into two. The Council directed staff to report back to the Council by April 15 and to notify the school district that the City reserves the right to intervene if this does not solve the problem. The motion passed unanimously. PROCESS OF REVIEW OF ITY ATTORNEY RFP The City Manager explained it is impractical for the City Council to interview more than three or four firms, He explained five firms meet two criteria regarding rates and experience. He pointed out if the group were limited to only those in Hennepin County that narrowed it to three firms. 2/7 /94 - 8 - Mayor Paulson said he graded the firms on rates, client service, diversity, and case management, but he was concerned about eliminating a firm based on its address. He added the RFP should be based on what's best for the City and the best value. Councilmember Kalligher pointed out Barna, Guzy's fees would qualify as reasonable and the City Manager said maybe they had looked at the wrong column in making the earlier determination. Councilmember Scott said she looks for a firm with experience in municipal and civil law because there are some serious things about to occur in Brooklyn Center and it would be bad to have a firm "practice" on our City. She said in law firms you "get what you pay for," and experience is the most important thing. Councilmember Scott said each Councilmember should write down his or her top three or four names and the results should be tallied. All agreed to do so, but moved to the next agenda item. DISCUSSION OF WORK SESSION AGENDA In disco. -lion between the City Manager and the Councilmembcrs it was decided that work session items to be covered were as follows: Financing for Willow Lane, Brooklyn Boulevard, and 69th Avenue; Housing; Comprehensive Plan and storm water ponding for Brookdale; Broad over -all policies; Space needs at City Hall, Attorney selection; and a meeting with Police Department regarding crime and drugs. The City Manager said he would work out the details of the schedule, Councilmember Rosene .m. arrived at 8:51 e P PROCESS OF REVIEW OF CITY RFP - CONTINUED The City Manager gave the tally of votes for firms as follows, but the final three firms to interview would he announced after Councilmember Rosene had a chance to add his choices. Lang, Pauly, & Gregerson, Ltd. - 3 Ca=n and Clelland - 3 Holmes & Graven - 3 Barna, Guzy & Steffen. Ltd. - 2 Bannigan & Kelly, - 1 Popham, Haik, Schnobrick & Kaufman, Ltd. - 1 2/7/94 -9- ADJOURNMENT There was a motion by Councilmember Kanigher and seconded by CX)uncilmember Scott to adjourn the mecting, The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:57 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSdver Off Site Secretarial Z7/94 - 10 - 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 14, X994 CONSTFFUTION HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:02 p.m, ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, City Attorney Charlie LeFevere, and Council Secretary Kathy Stratton. OPENING CEREMONIES Thy; inyouatiun was ubticrvcd with a moment of silence. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if ther° was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Thcrc wore no Council reports given. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any C ouncilmember requested any items be removed from the consent agenda. No requests were made. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the February 14, 1994, agenda and consent agenda as printed. The motion passed unanimously. 2/14/94 - 1 - RESOLUTIONS RESOLUTION NO 94 -26 Mcmbcr Davo Rosenc introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1493 GENERAL FUND BUDGET TO CARRY FORWARD APPROVED APPROPRIATIONS IN THE AMOUNT OF $9,280 FOR EIGHT (8) H.T. 1004 MOTOROLA PORTABLE RADIOS TO THE 1994 BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RFSOLUTION NO,-94-27 Mumbur Duvu Rutiunu hiLroducud thu fulluWing resolution and 1110vcd its adoption. RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR PEDESTRIAN BRIDGE REPAIRS AT CENTERBROOK GOLF COURSE, IMPROVEMENT PROJECT NO. 1993 -21, CONTRACT 1994 -B The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, RESOLUTION NO, 94 -28 Mcmbcr Davc RoScnc introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE OF ONt (1) SM- I'I=EN -FOOT (16) ROTARY MOWER WITH ROPS CAB The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. LICENSES There was a motion by Councilmcmber Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: RENTAL DWELLING Renewal: Kim McDonough 4743 68th Avenue North The motion passed unanimously. 2/14/94 -2- a HUMBOLDT/73RD AVENUES IMPROVEMENTS The City Manager explained the Council had received a summary of items to consider with their agenda and that a decision is to be made this evening regarding improvements to Humboldt and 73rd Avenues, The City Engineer presented an overhead detailing components of two options titled "Build in 1994" and "Interim Action & Study." The City Manager showed a chart describing appropriate action depending upon which option was chosen by the Council. Mayor Paulson said since there has been much audience input at other meetings, he would like to open the meeting to Council discussion first and Cher, allow audience response. Councilmember Rosene asked if a variance would be needed from the City of Brooklyn Park if 73rd Avenue were to be made 26 feet wide. The City Manager said he thought it would be a cooperative effort but did not know if a variance was necessary. Councilmember Rosene expressed his interest in curvilinear construction. The City Engineer explained curvilinear construction had been shown to have the effect of reducing speed rates about two to three miles per hour. He said the cost is substantial if the right -of -way is needed and reasonable if right -of -way is not needed. He added if the City put a median down the middle of Humboldt Avenue from 65th to 69th Avenues and made it two -way with protected turn lanes, they would have to pay back the $200,000 - $250,000 in State funding used to reconstruct the road in the past. The City Manager explained curvilinear construction would eliminate many of the existing trees. Councilmember Mann said the number one concern is neighborhood safety. She said a longer range plan is needed. She said the "Interim Action and Study" plan is best with additional components and deadlines added. She said the need for a Task Force is great in order to take this slowly and look ahead, Mayor Paulson suggested taking an item at a time this evening, and starting with a broad } r tin t i of Brooklyn Center supports preserving neighborhood policy stating the C roo levels of traffic. p cY $ City Yn PP P g He said that kind of olio would other neighborhoods comfort in that the City will not la Y give g just move the high traffic to another street. Councilmember Rosene said that is exactly what he stands for, keeping neighborhood traffic levels at what the streets were built for. 2/14/94 -3- V F Councilmember Scott said we all want to preserve neighborhoods and she was pleased to see Brooklyn Park residents addressing their City Council. She said Brooklyn Park should be involved by putting a No Right Turn sign up on Brookdale Drive, and that would help to give the people on Humboldt Avenue some relief now. She added she'd hike to see interim measures taken, stop signs as recommended and also at 67th Avenue because she's seen people crossing there almost get hit, She concluded the more stop signs there, the more likely travelers will be to go to T.H. 252. Councilmember Kalligher said what's missing is that Brooklyn Center needs to contact Mn/DOT about lights on T.H. Z52 so that arterial runs more smoothly. There was a motion by Mayor Paulson and seconded by Councilmember Rosene that Brooklyn Center is interested in preserving neighborhoods and establishing levels of traffic; on a street -by- street basis. Councilmember Kalligher asked how it would be decided what's an acceptable level of traffic and what's not and whether staff would be involved in supplying information. Mayor Paulson said this is just a broad policy used as a launching point for this evening's discussion, and each street would be handled differently. Councilmember Mann said she likes the concept of the policy but would like to think about it a bit more and have more input. unc' mb r Rosene 'd ' m e n Co ilme e senc sal it seems the Council is somewhat uncomfortable with the motion and suggested the motion be withdrawn and the Council continue in a direction in which there is consensus. Mayor Paulson said he wants this motion on the books. There was no further discussion so a vote was taken, and the motion passed unanimously. Councilmember Rosene said he is not seeking to block traffic entirely or limit it to a point where businesses feel restricted, He said they are looking for ways to reduce the tramc somewhat, about 1004 cars per day, so traffic needing to reach Humboldt Square can do so. He said he is in favor of stop signs and curvilinear construction but not speed humps. Councilmember Mann said she is going about the solution similarly, but she is not sure the City is ready to build yct until the situation is understood better. Councilmember Rosene asked to what extent the infrastructure, i.e. sewer and water mains and gas lines, are in need of repair, 2/14/94 -4- The City Engineer said there is no current emergency, however, the condition of the pavement is just about gone. He said there is little life left and it is rotting from the bottom up. Councilmember Rosene said he respects Councilmember Mann's opinion now is not the time for something permanent, but he would like a solution tonight since the residents are not comfortable with being in limbo about the property values, etc. He said the interim plan would limit landscaping, and he thinks landscaping is a very important part of making this road seem like a residential area rather than a speedway. Mayor Paulson said landscaping could be discussed next, but since the policy is to preserve neighborhoods, then this Council will take steps to do something about it. Councilmember Rosene said because residents have complained about people driving on their lawns he would like to sce curb and gutter installed. Councilmember Scott said she would like to go ahead with the "Build in 1994" option because sealcoating will not change anything. She continued she is not in favor of medians because it is a waste of money to have to pay back the State for earlier improvements. She said she thinks we have to go ahead and reconstruct at 30 -foot width with stop signs, curb and gutter, and any other traffic control measures as well as a very strong statement we will not tolerate other cities sending us their traffic. Mayor Paulson reminded the audience that "applause doesn't help their cause." Councilmember Mann said she is not opposed to road construction, but if a task force finds this road needs to be even wider, then it is wasting money doing anything now. She added if T.H. 252 can be changed to accommodate traffic, she would like to see Humboldt Avenue narrowed. Councilmember Rosene stated he did not want to see Humboldt Avenue become an arterial, and pressure should be put on Mn/DOT and Brooklyn Park to come up with alternate ways of moving their citizens. He concluded it is their problem. Councilmember Mann asked Councilmembers Rosene and Kalligher if they were for construction with or without assessments, and the response was that would be discussed later on. There was a motion by Mayor Paulson and seconded by Councilmember Kalligher to do reconstruction on Humboldt Avenue and include landscaping and streetscaping. The motion passed unanimously. is 2/14194 -5- -s The City Engineer explained to receive State Aid minimum street widths are 30 feet with no parking, 36 feet with parking on one side, and 42 feet with parking on bath sides. Ile said there had formerly been some misinformation regarding these widths and he accepted ib' ' for that, res ons �i o at+ P tY The City Manager said if an alternative is chosen not involving State Aid funding, assessments and other funding would be necessary. Couricilmember Rosene said an important issue is at stake here regarding the ability of the City to decide the fate of its own streets. He said he normally hates bond issues but in this case he would consider it. Councilmember Kalligher asked if the road could be made 36 feet to allow parking, and the City Engineer explained the boulevards are already somewhat substandard and that would chew up three feet more on either side. The City Attorney pointed out the Council cannot issue general obligation bonds without a general election unless 20% of the cost of the project is specially assessed. Councilmember Scott asked if it would be out of line to ask how many residents think parking is an important issue, and the show of hands was substantial. In response to Councilmember Rosene's question, the City Engineer said State aid funding had no restriction that precludes curvilinear design, but speed humps would restrict the speed to less than 30 miles per hour and thus the road would not comply with State requiremcnts, which arc non - negotiable. C'.nuncilmember Kalligher asked how much easement would be used if the construction was curvilinear. The City Engineer said it would be difficult to maintain two sidewalks and get noticeable curve in the road. He said almost all existing landscaping would have to go with a 36 -foot roadway and with a 30 -foot roadway some of the existing trees could be missed and some of the trees could be relocated. Mayor Paulson asked what other restrictions State funding would impose, and the City Engineer said anything that disrupts the continuity of the roadway like speed humps and chokers, but stop signs would be acceptable. Mayor Paulson said he is reluctant to miss out on $250,000 of State aid and asked the residents to show hands indicating if they would rather have parking or three more feet in their yards. 2/ 14/9 4 -6- Russ Snyder, 7234 Humboldt Avenue, said their least desire is to lose trees as that would be a total loss to what they've been trying to accomplish. He said he would much rather park in his driveway than cut down trees. Clifford Hill, 7037 Humboldt Avenue, expressed his confusion about how tar could rot from the under side toward the top because it usually wears out on the top first. The City Engineer responded the top of the street doesn't look so worn out because of the high level of maintenance on Humboldt Avenue, David Olsen, 1501 73rd Avenue, said to get rid of the State aid so the City can control what happens with Humboldt Avenue. He indicated in conversations with the State he had found they do not intend to penalize and they advised H.A.R.A, if parking is removed H.A.R.A. should seek damages in the neighborhood of $6,000- $7,000 for loss of property value and H.A.R.A, would pursue that if parking privileges are removed, Larry Cuskey, 7024 Humboldt Avenue, said the west side of Humboldt Avenue is already too narrow and the City should not perpetuate a wrong done before. Councilmember Kalligher asked if the City truly could be held responsible for damages for removing the parking privilege and the City Attorney responded he had never heard of anything like that before and knew of several instances in which parking was removed and no such action was taken. The City Attorney expressed his desire to check into the matter further. Councilmember Scott stated Humboldt Avenue is 30 feet wide now and there is parking, so she did not understand why this is an issue, The City Engineer explaincd when you make improvements and submit proposals for construction, you then have to comply to State Aid regulations, In response to a question from Mr. Olsen regarding funding, the City Manager explained a certain amount of money comes each year for maintenance of State Aid streets and another amount for construction projects. He said the $750 figure Mr. Olsen quoted is a maintenance allocation for Humboldt, and the $15,000 - $ 20,000 cited is the annual construction allotment generated by the Humboldt mileage. Councilmember Rosene asked for help because it seemed impossible to have a 30 -foot curvilinear roadway with parking, The City Engineer said Humboldt Avenue is actually 29 - 31 feet wide, but because there is no curb people can cheat a bit when they park by going up on the grass. The Public Works Coordinator explained funding can came from regular State Aid, local State Aid, Capital Improvements Fund, or special assessment bonds. 2/14/94 -7- Councilmember Kalligher asked if overlaying would trigger State requirements for no parking and the City Engineer said it would not. Lillian Hetchle r, 7216 Humboldt Avenue, said she never thought she could park on Humboldt Avenue and she has lived there several years without using that privilege, $he said if people had garage sales or parties they used other people's driveways or side streets. Councilmember Rosene asked which element is least important to the residents of all these elements discussed, and Mr. Dave Olsen, speaking for H,A.R,A,, said for the City to forego the State Aid, and people are willing to pay a reasonable assessment. Mayor Paulson commented it's heartening to hear residents respond that way to assessments rather than objecting. The City Attorney said it is important to remember that with a bond issue funding must be paid back, and levying special assessments still leaves you with 80% to pay for. Terry Bragg, 1101 Fremont Avenue, asked if anybody is putting pressure on Mn/DOT, and said what is proposed tonight is only a bandaid on the situation. He advised the Council not to throw away a quarter of a million dollars without other people in the City knowing that's what was done. He said this will affect people from Camden to Oliver and 65th to 73rd, so that whole group should be allowed input as to what should be dune and have representation on a task force. He asked the Council not to spend any money at all on a bad solution, and he hasn't seen a good one yet. The City Manager said Mn/DOT has offered to sit down and talk about options, and one idea has been to put a third lane on T.H. 252. Councilmember Rosene commented not all the traffic is from people who get off of T.H. 252 but a lot is from Brooklyn Park residents who never get on T.H. 25 ". The City Engineer gave statistics from traffic studies showing 22 -25% of traffic which starts out at T.H. 252 is still on Humboldt at 'I' fi, 100 and is therefore "cut through" during rush hour, or 10% total throughout the day, and that number is widely variable up to 40% depending on conditions on T.H. 252. Mike Schwartz, 7100 Humboldt Avenue, said $1500 - $3000 in assessments is not the issue, but if the road is not fixed then he will leave Brooklyn Center. There was a recess called at 8:55 p.m. The City Council reconvened at 9:10 p.m. Eli Iverson, no address given, read articles from the Brooklyn Center Post about cutting taxes, about delinquent taxes being an outrage, and about 5 vacancies in Humboldt Square. 2/14/94 - $ - He said if traffic is limited, who knows how many other l, business don't . l cut the off said beca businesses pay so much in taxes they Mr. Roy Jemse", 7248 Humboldt Avenue, said he doesn't think the Counc� is in a position to make a decision tonight because there is not yet a good solution. He said it felt like we are all back in the same position as in August when this started. He said if they all pay an assessment for improvements but there is no reduction in traffic it will have been a waste. He said reduce traffic, don't reconstruct, in fact if ed Wane of the options offered thus far are people from using it for cut- through. He concluded good. Councilmember Kalligher said putting down an overlay means the road would still qualify for State aid. She said the City should send a message a � � ea ea Park and back January reduce traffic. She stated her opinion a task fo o 11 1995, after more careful study of the issue. There was a motion by Mayor Paulson and seconded by CDuneilmember Rose= to reconstruct Humboldt Avenue to 34 feet, f mai ntain i keepthernla as the residents rate. at a reasonable rate and use the level o im provements to Councilmember Mann asked if this motion passes, then from where will the remainder of the funding come. Councilmembcr Rosene asked if any money could com from the utility fund becausc there will be utility work done in the event of reconstruction. The Public Works Coordinutor explained it would be from a general tax levy to all the citizens of Brooklyn Center, and there is a statute of � ne s ti pros problem. She said improvements unless the street was dug up because properties there are only 25 properties not on corners, and corner prop con s i s t en t e far to choose to pay an assessment now or later. She added this is would vvr'th procedure other neighborhoods. o i�ir, Larry Cuskey, 7424 Humboldt, suggested the street lac cut d0 tci 26 feet to phev �i n construction costs, and the City Manager said it would le for 1 th v olum e e 5,()00-15,000 Manager added the street width of 26 feet is not allowab cars like Humboldt Avenue is carrying. Councilmember Iralligher said the moti is premature, pnd sce h� b e should ptSt Ala f for a solution we don't even know w ill work. She said City put pressure on M and Brooklyn Park. -9- 2114/94 Mayor Paulson said the Council and Brooklyn Center are the ones charged with finding a solution, and by not solving the problem it would be perpetuated., He said the City can't wait for someone else to come along and solve it. Councilmember Kalligher said she thought the City should just put down an overlay, keep State aid, keep parking, put in stop signs, and see what happens. Mayor Paulson asked if the overlay could include curb and gutter, and the City Manager explained overlaying is just a 1" asphalt layer like some pcaplc do to their driveways. Councilmember Rosene said perhaps the Council could make some of its actions contingent on Brooklyn Center and Mn/LUOT, for example, put down the overlay and stop signs, and if by July 31 1994 there is not a sign on Brookdale Drive saying NO RIGHT TURN, then a choker would be installed, He continued, if by December 31, 1994, no third lane is installed on T.H. 2.52, then Brooklyn Center will install a median barrier. Councilmember Mann responded she hears the intention and likes the idea of a deadline and contingency, but the situation on 'T.H. 252 is gridlock. A member of the audience said overlaying puts all the homeowners on Humboldt Avenue in limbo and keeps their houses off the market. Mr. Stan Owens, 74th and Riverdale, said he is from the "ever -so- terrible - Brooklyn Park ". He said he has seen pedestrians almost hit on Humboldt Avenue and suggests taking a row of houses and widening the road, He said T.H. 252 will never be able to handle more traffic, and if the problem isn't fixed now it will come back to haunt the Council, Mayor Paulson said Brooklyn Center does not have to remove homes so Brooklyn Park residents can get through our City. Mr. Olsen, 7104 Humboldt Avenue, said don't overlay, let it decompose, let crevices open up. He added overlaying encourages smooth movement. Councilmember Kalligher said if H.A.R.A. does not want an overlay, stop signs should he pursued. Mayor Paulson reviewed the motion on the floor to reconstruct at 30 feet with parking, to have reasonable special assessments based on the level of improvements that go in, and forego State Aid. Councilmember Rosene offered perhaps Brooklyn Park would chip in and help with costs, and answered his own question with probably not. He then called the question. V14/94 -10- Councilmember Scott said State aid should be kept on that street with no parking, and it's not fair to saddle other taxpayers with the bill. Mayor Paulson said State aid is re-allocatable, d Councilmember n e Y e, an Scott countered red the money could be re- allocated but never used on Humboldt. She said if money was re- allocated to another street, there are no good north -south routes since it has to begin and cnd in another State aid street. She said the only possibilities were Oliver, Newton, Morgan, Logan, and Camden. Mayor Paulson said he would amend his motion to direct staff to research and investigate ways either in design or appeals to Mn/DOT to retain State Aid, and Councilmember Rosenc seconded the amendment, Councilmember Rosene said he does not want to see Brooklyn enter carved u to allow Yn P other cities traffic. He said he flocs not flippantly forego $250,000, but his decision is baacd PP Y g on $15,000- 20,000 already being received rather than $250,000. The Public Works Coordinator clarified the City would not be losing $250,000, just the ability to use $250,000, but paying for that loss would work out to $40,000 - 75,000 a year in debt service and the two options of budget reduction or levy to increase taxes. Councilmember Scott called the question. Those voting in favor: Mayor Paulson, Councilmembers Koscnc and Scott. Those opposed: Councilmembers Mann and Kallighcr. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to propose all -way stop signs at 72nd and 70th, and 3 -way signs at 67th & Humboldt, and 73rd and Dupont Avenue, Councilmember Rosene noted there are two places 72nd joins Humboldt Avenue, and it was Council consensus the intersection for stop sign placement be the southerly intersection. Mike Schwartz, 7100 Humboldt, asked if stop signs might create more of a problem and if residents might not be able to get out of their driveways at all if cars are lined up at stops. Mayor Paulson responded it would be monitored. Ms. Debbie Hensel, 1500 Amy Lane, said her driveway is right across from the southerly intersection of 72nd and Humboldt, and she would never be able to get out of her driveway. The City Manager said staff could research the exact placement of the sign to allow her access her nil to allow staff to come back with a plan cess to e home. he cn ura ed the c co g Council P rather than designing this at the table. Mayor Paulson said because they have not received any designs from staff they have been forced to do it this way. 2/14/94 Councilmember Kalligher asserted a point of order and said staff is not on trial here. Councilmember Rosene offered the amendment to the motion calling for study regarding stop sign placement not to impede ingress or egress from any driveway, and Councilmember Scott accepted that amendment. An audience member stated he lived at 7240 Fremont and is strongly opposed to a stop sign at 67th and Humboldt and added it would be hazardous. He said there are not an residences surrounding that intersection, and Councilmember Rosene countered there are multi - family residences. Councilmember Kalligher called the question and the motion for stop signs at the southern entrance of 72nd and Humboldt, 70th and Humboldt, 67th and Humboldt, and 73rd and Dupont, not to impede ingress and egress to any driveway passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to install higher than normal, V- shaped curbs in order to prevent cars driving on lawns on Humboldt Avenue. Mr. Olsen, 150173rd Avenue, representing H.A.R.A., said they want normal curbs like other streets. Councilmember Rosene modified his motion to installation of normal - height curbs with a V- shape. In response to Councilmember Kalligher's question, the City Engineer drew a diagram of the V -shapo curb and D- shape, or normal curb, and added the V -shape would be more expensive but would have no real benefit unless it was a higher curb. Councilmember R n modified h' motion again to delete curb shape. ose a his g P In review, there was a motion by Councilmember Rosene and seconded by Councilmember Scott to install a normal, or 13-shape, curb at normal height on Humboldt Avenue and direct staff to come back with options on how it should be designed. The motion passed unanimously. There was discussion regarding speed humps and the group reached a consensus not to use them for now. There waa u inotion by Councilmember Rosene and seconded by Mayor Paulson that Humboldt Avenue be as curvilinear as possible and still save the vast majority of existing trees. The motion passed. Voting in favor; Mayor Paulson, Councilmembers Rosene, Scott, and Mann Opposed: Councilmember Kalligher. 2/14/94 -12- There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher make sure pedestrian crossings are more clearly marked at 70th, 72nd, and 73rd. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to direct a staff member to send a strong letter to Brooklyn Park and Mn/DOT to let them know we expect them to plan to alleviate the amount of traffic coming south especially since many Brooklyn Park residents are complaining as well. The motion passed unanimously. Mayor Paulson added the letter should include if there is not some relief, Brooklyn Center world exercise its right to close the road, use chokers, or use speed humps, and Brooklyn Center will be closely monitoring any change. Mayor Paulson suggested there should be a sign on T.H. 252 at 70th Avenue exit pointing out the Brooklyn Center business district. There was a motion by Councilmember Rosene and seconded by Councilmember Scott for staff to create a sign for the exit at 70th Avenue and T.H. 252 and bring it back to the Council for future consideration. The motion passed unanimously. Mr. Olsen, 1501 73rd Avenue, said the only response H.A.R,A. got from Brooklyn Park was crocodile tears and the idea of building alleys so Humboldt Avenue traffic could blusst through. He said all these things, a letter, curvilinear road, curbs, etc. do not reduce traffic. Cou ncil 's attempting to Councilmember Rosene said the � a p g approach the issue cautiously in hopes cut - through drivers will stop using Humboldt Avenue, Councilmemher Kalligher asked Mr. Olsen what is an acceptable amount of traffic. Mr. Olsen responded they want Humboldt Avenue to be like any other neighborhood street, like Dupont or Newton. Councilmember Kalligher asked if the residents could live with a reduction to half the traffic. The City Manager said he didn't see that kind of reduction occurring. There was a motion by Councilmember Rosene and seconded by Mayor Paulson to direct staff to monitor the flow and affect on traffic during construction on Humboldt. The motion passed unanimously, The Public Works Coordinator stated the monitoring would not be accurate if 73rd Avenue were under construction at the same time, and Councilmember Rosene said the construction should occur separately. 2/14/94 - 13 - There was a motion by Councilmember Rosene and seconded by Councilmember Scott to request the State to increase awareness and funding for mass transit in the northern suburbs and get some representation from Brooklyn Park on this lobbying effort. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to create a task force to open dialogue with Mn/DOT and Brooklyn Park regarding transportation in this area and to have a resolution drafted stating the position of Brooklyn Center and asking Mn/DOT and Brooklyn Park to work with the City. Councilmember Kalligher said to first threaten them and then ask for their help might not work. She suggested Brooklyn Center ask for cooperation and be friendly. The Public works Coordinator directed the Council's attention to item 8a.1 on the agenda and said it could be amended. The City Manager said motions are more appropriate at this point than resolutions, but +.�nn1 „tinnc ,Milt hP nennssary when the Council is ready. The City Attorney pointed out the motion for construction on Humboldt Avenue was a 0 -c vote and would require 4 /5ths majority unless there was a legal petition. Mr Dave Olsen, 1501 73rd Street, said H.A.R.A. could arrange for such a petition. A me mber of the audience asked if corner lots sign the petition, are they committed to paying the assessment for Humboldt Avenue? The City Attorney said a corner lot would count in a petition but that would not mean assessments would apply to a corner lot. Councilmember Rosene said it would be unethical for someone to push for reconstruction and then not pay the assessment. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to direct staff to investigate the issue of burying electric and cable utilities and bring the findings back to the Council with the cost as part of the project plan. The motion passed unanimously. Mr_ Olsen, 1501 73rd, said there is still the question of numbers of cars. The City Manager said if the goal is less than 5,000 cars, then none of these things will accomplish that goal. 2/14/94 -14- Councilmember Rosene offered a compromise of 8,000 cars or less, and Dave Olsen said the H.A.R.A. would discuss the number of cars per day they think they can live with. 73RD OPTIONS The City Manager said if there is to be construction on 73rd all the same questions apply as did on Humboldt Avenue, except for the additional concern that everything has to be done in coordination with the City of Brooklyn Park. He said because of that it might not be passible to build in 1994 as the agreement with Brooklyn Park will dictate the time -frame. He pointed out agenda item 8a.4 as a starting point and the resolution was summarized by Mayor Paulson. Mr. Tom Nystrom, 807 73rd Avenue, asked if the Council is considering a stop sign on 73rd and Dupont and if pedestrian crossings would be added. He said there should also be a restriction sign on T.H. 252 for people heading home saying NO LEFT TURN. The Caty Manager said yes, there was consideration for a stop sign at Dupont Avenue, and the staff would work with the Evergreen School regarding a cross -walk, The aty Manager explained there was no dMisioll yet as to which side the sidewalk would be on, which is the issue that may delay construction. Mayor Paulson said the City does not want to restrict the normal traffic for Brooklyn Center residents. There was a motion by Councilmember Rosene to approve the details of the Resolution listed in item 8a.4 with changes for deletion of traffic signals and addition of an all -way stop on 73rd and Dupont, and with dates as soon as possible for hearings, etc. R_ ESOLUTION NO 94 -29 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION SELECTING PERMANENT IMPROVEMENT OPTIONS FOR 73RD AVENUE NORTH AND CALLING FOR A PUBLIC HEARING The motion for the adoption of the foregoing resolutioni was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. He stated this Ordinance was first read on January 10, 1994, published in the City's official newspaper on January 19, 1994, and is offered tonight for a public hearing and second reading. He explained it amends the sick leave provision regarding accrual to became consistent with language approved by the City Councn in the 1994 labor agreements with the City's bargaining units. 2/14/94 -15 Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 17 of the City Ordinances Regarding personnel at 11:10 p.m_ He inquired if there was anyone present who wished to address the Council. No one appeared There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 11:10 p.m. The motion passed unanimously. RDIN Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY ORDINANCES REGARDING PERSONNEL The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 7 of the City Ordinances Regarding Insurance Requirements for Refuse Haulers and Licensing Provisions Relating to Public Swimming Pools and Lodging Establishments. He stated this Ordinance was first read on January 24,1994, published in the City's official newspaper on February 2,1994, and is offered tonight for a public hearing and second reading. He explained it increases the insurance requirements for refuse haulers and remoyes the City's licensing requirements for swimming pools and lodging establishments. !Mayor Paulson opened the meeting for the purpose of a public hearin g on An Ordinance Amending Chapter 7 of the City Ordinances Regarding Insurance Requirements for Refuse Haulers and Licensing Provisions Relating to public Swimming Pools and Lodging Establishments at 11:11 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 11:11 p.m. The motion passed unanimously. ORDINANCE NO 94 -06 Member Celia Scott introduced the fallowing ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY ORDINANCES REGARDING INSURANCE REQUIREMENTS FOR REFUSE HAULERS AND LICENSING PROVISIONS RELATING TO PUBLIC SWIMMING POOLS AND LODGING ESTABLISHMENTS The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. 2/14%94 -16- The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the affects of Alcohol Consumption. He stated this Ordinance was first read on December 6, 1993, published in the City official newspaper on February 2, 1994, and is offered tonight for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 11 of the City Ordinances Regarding Liquor Licensing; Requiring the Posting of Signs to Warn Pregnant Women of the Effects of Alcohol Consumption at 11:12 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 11:12 p.m. The motion passed unanimously, S�RDINAN _B NO 94 -07 Member Barb Kalligher introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING LIQUOR LICENSING; .REQUIRING THE POSTING O F SIGNS TO WARN PREGNANT WOMEN OF THE EFFECT'S OF ALCOHOL CONSUMPTION The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. ATTORNEY RFP PROCESS CouneiImcmber Kalligher proposed this issue be deferred or tabled because of how late the meeting had gone. Mayor Paulson said there was not much to discuss except that he proposed to staff five firms to be interviewed as follows: Holmes & Gravcn Barna, Guzay Popham, Haik swccney, Borer Carson, Clelland The City Manager advised the Council to expect a long evening on the night these interviews take place. 2/14/94 - 17 - ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Ci Council adjourned at 11 :16 P.M. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimeSaver Off Site Secretarial 0 2/14/94 CITY OF BROOKLYN CENTER Council Meeting Date 2/28/94 Agenda Item Numbcr Fa,' REQUEST FOR COUNCIL CONSIDERATION 40 ITEM DESCRIPTION: MAYORAL APPOINTMENT: NORTH METRO CONVENTION & TOURISM BUREAU BOARD OF DIRECTORS DEPT. APPROVAL: , g"j- 'e " ; ' Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOIVEMENDATION: No comments to supplement this report Comments below /attached SUNMARY EXPLANATION: (supplemental sheets attached ) At its January 24, 1994, meeting, the City Council discussed the process to be followed to appoint a member to the North Metro Convention & Tourism Bureau Board of Directors. It was Council consensus to direct staff to follow the same type procedure as outlined for appointments to advisory commissions. Official notice was published in the Brooklyn Center Sun -Post on February 2, 1994, and in the NorthWest News on January 31, 1994, and posted at City Hall and Community Center from January 25, 1994, through February 21, 1994 (see attachments). The City received one application from Bettilou Christopher, 6201 North Lilac Drive. Her application is attached for your review. Also attached is a letter from Julie Doth which states that Dean Nyquist wishes to renew his term. RECOMMENDED CITY COUNCIL ACTION Appoint member to serve on the North Metro Convention & Tourism Bureau Board of Directors. Brooklyn Center, Brooklyn Park Sun•Post —Wed., Feb. 2, 1994 -7A Spots open on area commissions A Brooklyn Center resident is needed to serve a three -year term on the North Metro Con - vention and Tourism board of di- rectors. Meetings are generally conducted at noon the second Wednesday of the last month of the quarter. Applications must be received by Feb. 21. The appointment will be made by the Brooklyn Center City Council. The positions of commissioner and alternate commissioner also exist on the Shingle Creek Watershed Commission and the West Mississippi River Water- shed Commission. The three - year terms begin this month, and applications must be receiv- ed by Feb. 21. Persons interested in any of the positions should contact Deputy City Clerk Sharon Knut- son at 569 -3300. N OR THW EST NEws January 31, 1994 NOTICE: am� Cente Comm>sslon and Board ,� c Pos�t�ons AvaMe 1 operation. S.1 A.K `Sends `filet -class - - <VAC'.ANCIES EXIST ON SHINGLE . message to U S.' Troops - stationed abioad ving, CREEK AND ZDE.ST MISSISSIPPI >, In preparation for Valentines Day, Mail Boxes Etc. (MBE) has launcf�ed WATERSHED COM511SSION its second annual Operation S.W.A.K. (Sealed With A Kiss) which provides Public Notice is herebygiven that OX 7 free, first - class postage ($.29) for Valentine cards and letters sent to U.S vacancies exist for the positions of . ,,, " military men and women stationed abroad, as well as to veterans "in VA Co to the Shingle Creek hospitals, it was announced today by Paul Engelman, owner of Mail Boxes Watershed Commission and to the '�+r• Etc. #2108. Brooklyn Center. West Mississippi River Watershed From January 31 to February ?, 1994 Mail Boxes Etc. will provide free Commission, representing the City .9 o ft � a postage for 1 -oz., ($.29) Valentine's Day cards and letters sent to an APO of Brooklyn Center. This is a three - "g or FPO address to troops assigned to military posts outside the U.S. and yearterm starting inFebruary 1994. ;? 1� to veterans in VA hospitals. With more than 2000 locations worldwide, BROOKLYN CENTER RESIDENT Mail Boxes Etc., is the worlds largest franchisor of postal, business and SOUGHT TO SERVE ON NORTH -communication communication service centers. - -METRO CONVENTION & TOURISM =32 According to Engelman, Operation S.W.A.K. was designed to boost the BUREAU BOARD OF DIRECTORS leper morale of U.S. ,troops stationed at various military installations and on Public Notice is herebygiventhat ships around the world this Valentine's Day. ':We wanted to show our one Brooklyn Center resident is appreciation and concern for our nations military personnel who are away needed to serve on the North Metro from their loved ones this Valentine's Day , "said Engelman. "We know that Convention &TourismBureau Board } mail from home can be a morale booster to troops away from home, as well ofDirectoi•,s, representing the City of as veterans in VA hoe itals:" . - Brooklyn P - >• yn J Center. ;This is ' a three- Currently, there are nearly350,000 U.S. troops stationed around the- yew term.. Meetings are generally orid and on military ships and approximately 60,000 veterans hospital - held at noon oil the second Wednes-• 7" ized in 171 department of Veterans Affairs medical centers nationwide. day of the last month of the quarter. '. Well tivishers ; who•,don't- personally know military servicepersori or Persons interested inbeingappointed veteran may address a valentine card or letter to "Any Servicepersoiz" or to serve on:the Board of Directors.- ' :to "Valentine Vef,' and it will be delivered to a member of ourArmed Forces Persons interested in being ap= stationed 'in Europe, East Asia, the "Pacific Afnca Near East and the Pointed t - serve on either or both. of Western Hemisphere or. to a veteran.: these commissions should contact Previously- "Any;Seryiceperson IVlail" programs such'as the highly SharonKnutson, Deputy City, Clerk, successful ones publicized by "'Dear Abby," have helped to in' 6ase=the at 569- 3300.for an application P awareness of Americans_ serving overseas. In her column; she Applications must ,received encourages readers to' send valentines'to vets; as - a`result, more than I on or before :February 21 1994. million cafds are sent each year. ' Appointments will be made by "the '.1VIai1 Boxes Etc is located at 6066 Shingle Creek Parkway (NearTarget City "Councrl in Mall). Their phone number is 560 -1282 MBE is ready to handle'yoirr Posted =at City Hall and Commu- Valentine's Day packing and shipping needs nity - : Center „January 25, :1994, through February 21,.1994 ,- • '11NOONJOEX-A- X3 SIER C ' l .- t URTH �BLOGK OUT r 7 Benue C'ar�sOn; CPA CO V E RAG E E T EADIJ We're your front line of insurance.. Paul Julin & Company protectionl Call or stop in today. Itav,eb 5637 Brooklyn Boulevard - • - . Suite 300 iotipo _ Brooklyn Center. MN 55•-129 AMERICAN FAMILY �A 566 -9Sb �: 4. E 533 -1957 - AUTO NOME &MMSS HEALTH LIfE a Accounting Services. ERNIE BOSKY AGENCY � 561 -7292 764Q Lakeland Ave. - Suite 102 • Brooklyn Park PE Computerized Returns - E3ectroruc Filing M«�r - Friday 9-6, sa.da 9.1 A L • � �� �� !� � +!? �'` 1 � � si �"'� �”! �1 a 1 �"! 4'� 4a �'f"! � �'! � � � I'1 xei+ .. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569- 0 3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE Brooklyn Center Resident Sought to Serve on North Metro Convention & Tourism Bureau Board of Directors Public Notice is hereby given that one Brooklyn Center resident is needed to serve on the North Metro Convention & Tourism Bureau Board of Directors, representing the City of Brooklyn Center. This is a three -year term. Meetings are generally held at Noon on the second Wednesday of the last month of the quarter. Persons interested in being appointed to serve on the Board of Directors should contact Sharon Knutson, Deputy City Clerk, at 569 -3300 for an application. Applications must be received on or before February 21, 1994. The appointment will be made by the City Council. Posted at City Hall and Community Center January 25, 1994, through February 21, 1994. CITY A pp lication For B ROOK App ointment to CENTER Board or 569 -3300 Committee 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 .:� .......... :.. n...N•.•:::. }v::. �:::. �::: :.�:::: n �:: ii• i::•::::: v::::::::: ii:•: :O:i•.v,•:.'-:•i:• ?'iii:•i: ^:•i �!': .iiY ii: iiii?i:•ii: ?':: : i:• (PLEASE PRINT) BOARD OR COMMITTEE YOU ARE APPLYING FOR N (1(�}�.D d �onven+ +an Tours n� Uoaic I� Last Name - Name Middle Name Date of Application 6 A1,Q /srop if7T, - /o0 N/ a - 4— 1�1 Street Address / A Apt. No. Date Available SO 7 /V W state, Zip Home Phone i so j How many years have you lived in Brooklyn Center? Work Phone 7 Occupation ��� Employer n_ May we call at work? , �'1 Yes 0 No How many years of school have you had? (circle one) 1 2 3 4 5 6 7 8 9 10 11 12 r- 4 15 16 17 18 19 Ji: " ^: iii: iifi: iiihi: iki :;>'t ?:i:; Y. : i: ?.Jiii::i':i`: ": iii:: isi?:::: i:::S:: }::;:•i:::1':is::'.'. . . ih:: _ ....::..............................:..::. �:......................::::::. F...................._ .............................:� .vtien�::.trt:.:�.��::�igarr�: air:: cotttte� ::ii::<.:::::;:ii >;:< >:::asi:. 1 VOLUNTEER ACTIVITY WORK PERFORMED No. From To I Hrs /Month Month /Yr Month /Yr i Al w• & 1 - U-s.� $.�. P K, mss hiu�T-i vo c cc.vr /D AAE,% If a c &e.s zo Igo OF NAXIO h... ... ................... ............................... ......::...:.:..::....:.:::............. .......::::::.................. ............... .................... t : rc ........ .. ..................... .................. ..................... . ....... ? . ........................ >.: � � :: � < >:: >:;; »: >:::::: >:: Irxre .fiat T Describe any additional education, experience, or skills which qualify you for appointment to this board or committee. Include remarks concerning your ideas or observations on the role of this board or committee. -AP . .. �. . J ^ve received and read the City of Brooklyn Center's business ethics policy. Yes ❑ No I wish to disclose the following potential conflicts of interest that may or will arise if I become a member of this board or committee. Are you aware of the importance of regular board or committee meeting attendance, and do you feel you have the time available to be an active participant? Yes ❑ No Comments: i i E I�PO AN AC T O * Minnesota law requires that you be informed of the purposes and intended uses of the information you rovide to the City of Brooklyn Center during the application process. Any information about yourself that you provide to the City of Brooklyn Center during the application process will be used to identify you as an applicant; to distinguish you from all other applicants; to enable us to contact you when additional information is required; send you notices; and to assess your qualifications for appointment to a City board or committee. If you wish to be considered for appointment, you are required to provide the information requested in this application. If you refuse to supply information requested by the City, it may mean that your application will not be considered. You are hereby advised that, under Minnesota law, the information contained in this application about you must be made available to any member of the public who requests it. Materials submitted in support of an application are normally not returned. You should not submit an original document if it is your only copy. I authorize investigation of all statements contained in this application for appointment as may be necessary to arrive at an appointment decision. I certify that all answers to the above questions are W rue and understand that any false information on or omission of information from this application ill be cause for rejection of this application or termination from a board or committee without notice. APPL S SIGNATURE DATE SUBMIT APPLICATION TO: City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 N P,MTRO November 29, 1993 Mr. Jerry Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter, This is to notify you that the position on our Board of Directors held by the City of Brooklyn Center expires December 31, 1993. The term is three years. Dean Nyquist currently fills this seat and has indicated that he is «riihno' to renew his term. Unless you wish to make anothrr appointment, we will gladly accept Dean Nyquist's renewal. I' a need to be informei ol"any charges piior to the aitmial rn °eting on Ta.nu' 12' 1994. Regards, Julie Dot 1 Executive Director 6155 Earle Brown Dr., Suite 120 Brooklyn Center, MN 55430 612/566 -7722 800/541 -4364 FAX 612/569 -6320 TDD 612/566 -6526 mo the Communities of. . ndley, Brooklyn Center, Brooklyn Park. Maple Grove :Members MACVB / IACVB CITY OF BROOKLYN CENTER council Meeting Date 2/28/94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCIUMON: MAYORAL APPOINTMENT: SHINGLE CREEK WATERSHED AND WEST MISSISSIPPI WATERSHED COMMISSION DEPT. APPROVAL:_ Gerald G. Splinter;',�C`ity Manager MANAGER'S REVIEW/RECONEWENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • At its January 24, 1994, meeting, the City Council discussed the process to be followed to appoint g ty P PP a commissioner and an alternate to the Shingle Creek Watershed and West Mississippi Watershed Commission. It was Council consensus to direct staff to follow the same type procedure as outlined for appointments to advisory commissions. Official notice was published in the Brooklyn Center Sun -Post on February 2, 1994, and in the NorthWest News on January 31, 1994, and posted at City Hall and Community Center from January 25, 1994, through February 21, 1994 (see attachments). The City received one application from City Engineer Mark Maloney. His application is attached for your review. No other inquiries regarding these commissions were received. RECOMMENDED CITY COUNCIL ACTION Appoint Mark Maloney to serve as commissioner or alternate on the Shingle Creek Watershed and West Mississippi Watershed Commission. Since no other applications were received, I recommend the Director of Public Works, or his designee, be appointed to serve as commissioner or alternate. i Brooklyn Center, Brooklyn Park.Sun•Post —W — . ed., Feb. 2, 1994 7A Spots open on area commissions A Brooklyn Center resident is needed to serve a three -year term on the North Metro Con - vention and Tourism board of di- rectors. Meetings are generally conducted at noon the second Wednesday of the last month of the quarter. Applications must be received by Feb. 21. The appointment will be made by the Brooklyn Center City Council. The positions of commissioner and alternate commissioner also exist on the Shingle Creek Watershed Commission and the West Mississippi River Water- shed Commission. The three - year terms begin this month, and applications must be receiv- ed by Feb. 21. Persons interested in any of the positions should contact Deputy City Clerk Sharon Knut- son at 569 -3300. NORTHWEST N EWS - January 31, 1994 N I A _ � � . NO'T`ICE• ' at x l nimis�i Center y Co on and Board Positions Awe Operation: S.W..&K.` Sends first -class „ :VACAN(nS - EXIST - ON - s>Emv mess to U.S. Troops ed abi � oad � WEST M<� iv,ng, _ . p "station In re aration for Valentines Day (MBE) aunched , Mail Boxes Etc. hasl WATERSI D COMD�IISSION :- P, p Public Notice is herebygiven that _ its second annual Operation S.W.A.K. (Sealed With A Kiss) which provides 90X7 free. first - class, postage ($.29) for Valentine cards and letters sent ,to U.S. vacancies exist for the positions of military men and women stationed abroad, as well as to veterans Watershed Co `in VA Commissioner to the Shingle Creek namwx y f " W . hospitals, it announced today by Paul Engelman, owner of Mail Boxes West Mississippi Rive Riveppe and to the r = Etc. #2108; Brooklyn Center.. r Watershed O " d Commission, representing the City tiP" From January 31 to February 7, 1994 Mail Boxes Etc. will provide free , of Brooklyn Center. This is. a three - ananm post for 1 -oz., ($.29) Valentine's Day cards and letters sent to an APO *• yearterm starting in February 1994. or FPO address to troops assigned to military posts outside the U.S. and to veterans in VA hospitals. With more than 2000 locations worldwide, BROOKLYN CENTER RESIDENT Mail Boxes Etc., is the worlds largest franchisor of postal, business and SOUGHT TO SERVE ON NORTH ;aL . communication service centers. -METRO CONVENTION & TOURISM 232 According to Engelman, Operation S.W.A.K was designed to boost the BUREAU BOARD OF DIRECTORS '�Ipper ;morale of U.S._ troops stationed at various military installations and on Public Notice is herebygiventhat ships around .the world this Valentine's Day. 'We wanted to show our one Broo Center resident is appreciation and concern for our nations military personnel who are away. needed to serve on the North Metro from their loved ones this Valentine's Day.'!-said Engelman. "We know that Convention &TounsmBureau Board ' :mail from hone'can be a morale booster to troops away from home, as well of Directors, repi esentinggthe City of as veteransin VA hospitals.". Brookl Center ::This is a three - Currently, there are nearly 350,000 U.S. troops stationed around the 3'ear- term:Meetings are generally world and on military ships and appr 60,000 veterans hospital held at noon oil the second Wednes- 11" ized in 171 department of Veterans Affairs medical centers nationwide. day. of the last month of the quarter. �a We1ltivishers who don't, personally know `a military servicepersori or Persons interested inbeingappointed e Veteran.may address a valentine card or letter to " Any servi ceperSOn" 'Or t0 serve :on.the Board of Dir ectors. - ,fo "Valeztine'Vef;!' and it will be delivered to a member of ourArmed Forces ]?ersorLS interested in being ap= stationed in Europe, East Asia, the Pacific, Africa,°: Near East,` and` the pointed seine - n;either or both: of Westezn hemisphere or.- to a veteran =' - _ these :co should contact =; Pretously ° "Any' ;Serviceperson Mail" programs such ' as the highly SharorzKnutson DeputyCity Clerk, successful ones piibhcized by'i'Dear Abby," have helped_to fncrease = the at.569- 330G.for an application M public awareness :of Arn no erieans serving overseas. ' In her column, `she ApPlicans _ • be• must- received encourages waders to send valentines'to vets, as a res alt, - more than 1 on 'or <before :F 2 million cards sent each year.: : ', -• Appointments will be ade _by the Mail Boxes Etc .is.loeated at 6066 S"I Creek (Near Target Council : . z an Mall) . Their phone number'is 560 -1282 . MBE is - ready to handle_ your ;Poster at City Hall and Commu- Valentine's Day packirig and shipping needs:` pity ; Center .January 2b, _7 994, irk "sY r - through ,February2l, ti FF - WEAKCOVERAGE TE:::- <:» :Benue: C'ar�son P`. Paul Julin & Co ., Y VUe re ti ec our #rout line,of insurance of n1 1 o Ca I or st . r_ n t oda -.. P _ _ —:, ! _ 5637 Brooklyn Boulevard : . Suite 300 0 Brooklyn Center,'vhi 5529 A M ERICAN FAMILY 566 -9% 533 -1957 - AUTO HOME BUSlMFSS HEATH L/ff � Acoountin Services ERNIE ROSKY,AGENCY 561-7292 g 704Q Lakeland Ave. • Suite 102 • Brooklyn Park Computerized Returns - Eledrotvc Filing ena,aev Frfaey '9A seuudey , aLs A -. CITY 6301 SHINGLE CREEK PARKWAY OF :BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE VACANCIES EXIST ON SHINGLE CREEK WATERSHED COMMISSION AND WEST MISSISSIPPI WATERSHED COMMISSION Public Notice is hereby given that vacancies exist for the positions of Commissioner and Alternate Commissioner to the Shingle Creek Watershed Commission and to the West Mississippi River Watershed Commission, representing the City of Brooklyn Center. This is a three -year term starting in February 1994. Persons interested in being appointed to serve on either or both of these commissions should contact Sharon Knutson, Deputy City Clerk, at 569 -3300 for an application. Applications must be received on or before February 21, 1994. Appointments will be made by the City Council. Posted at City Hall and Community Center January 25, 1994, through February 21, 1994. APPLICATION FOR APPOINTMENT TO SHINGLE CREEK WATERSHED MANAGEMENT COMMISSION AND WEST MISSISSIPPI WATERSHED MANAGEMENT COMMISSION NAME:_ _ Mark Maloney HOME ADDRESS: 3564 Glen Oaks Ave., White Bear Lake, MN 55110 Street City Zip BUSINESS• City of Brooklyn Center OCCUPATION: City Engineer BUSINESS ADDRESS: 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 Street City Zip HOME PHONE: (612) 779 -8944 WORK PHONE: (612) 569 -3340 YEARS LIVED IN BROOKLYN CENTER 0, but worked h ere since August, 1989 I have read the Joint Powers Agreement which defines the purpose, authority, and responsibility of the Shingle Creek Watershed Management Commission and the West Mississippi Watershed Management Commission. Yes x No Comments: I believe that I understand the inte and scope of the Joint Powers Agreement. . I understand the importance of regular attendance and participation at Commission meetings and feel I have the time available to be an active participant (normally held at noon on the second Thursday of each month). Yes x NO Comments: I will continue to have the opportuni to make time available for regular attendance and participation. Please list special interests, qualifications and experience which make you a good candidate for a member of the this Commission. I have served as Commissioner (Alternate) to both Commissions since August of 1989. I have aided in the administration of both Commissions, and served as Treasurer with and in the absence of Brooklyn Center Commissioner Sy Knapp I routinely work with the majority of issues concerns and protects that each watershed addresses at their monthly meeting(s). Signature: ` Date: February 17, 1994 M rk J. Maloney, City Engineer Submit to: Sharon Knutson, Deputy City Clerk City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 [SCWMCAPP] MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 16, 1994 CALL _TO ORDER The Planning Commission met in regular session and was called to order by Chair Willson at 7:30 p.m, ROLL GALL Chairperson Tim Willson, Commissioners Donald Booth, Debra Hilstrom, Mark Holmes, and Ella Sander. Also present were the Secretary to the Planning Commission Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Kathy Stratton. Commissioners Robert Mickelson and Dianne Reem had called to indicate they could not attend this evening's meeting and were, therefore, excused. APPROVAL MINUTES - JANUARY 12, 1994 There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to approve the minutes of the January 12, 1994, Planning Commission meeting as submitted. The motion passed. Commissioner Sanders abstained as she was not at that meeting. ADMINISTER OATH OF OFFICE The Secretary administered the oath office to newly reappointed Commission member Ella Sander. The Planning Commission welcomed here as a re- appointed member. CHAIRPERSON'S EXPLANATION Chairperson Willson explained the Plwining 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. 94001 (NICKELS AND DIMES, INC.) Chairperson Willson introduced the first item of business, a request from Nickels rind Dimcs, Inc. for Special use permit approval to operate an Amusement Center at Brookdale Center. The Secretary reviewed the contents of the staff report, used overhead transparencies to show the location, (see Planning Commission Information Sheet for Application No. 94001, attached) and offered to answer any questions. 2 -16 -94 1 Commissioner Holmes asked about the location of the proposed "Tilt" operation and was told by the Secretary it is located where Musicland had formerly been. He also asked where the old Picadilly Circus was before, and learned it was where Applebee's is now. Commissioner Sander commented Picadilly Circus was like a dark cave or dungeon, and hoped this operation would be brighter. The Secretary responded Nickels and Dimes, Inc. wants it brighter, and made reference to several pictures they had sent of other similar amusement facilities currently under their management. The Secretary introduced Mr. Herb Davis, 4043 Brookside, St. Louis Park, an attorney representing Nickels and Dimes. Mr. Davis said he had represented Nickels and Dimes, Inc. when they installed an amusement center at Knollwood Mall. He said although that has been a successful facility, it is not as bright and cheery as some of the photos of more current designs for amusement centers. He said Ms. Linda Smith, Manager of Brookdale Shopping Center had made a request that this amusement center be, a bright and cheerful atmosphere. Mr. Davis said he had received the materials from the Secretary including licensing restrictions and faxed them down to headquarters of Nickels and Dunes, Inc. in Texas. He added all proposed restrictions were approved. Commissioner Hilstrom asked if food would be served and Mr. Davis replied it would not. Chairperson Willson asked Mr. Davis if he knows what type of training is involved for employees. Mr. Travis responded he did not know specifics, but because Nickels and Dimcs, Inc. has expertise and experience in running this type of facility all over the country, he assumes they know bow to train and handle any employee problems and make the business work Mr. Davis added he had been quite interested in the success of the "Gold Mine" operation in St. Louis Park because he was on the Planning Commission for that City at that time, and he could say he is sure Nickels and Dimes, Inc. is interested in quality performance in order to run a successful business. Commissioner Sander asked if the manager would be a local resident and Mr. Davis answered that would be the intention of Nickels and Dimes, Inc. He added, because of the licensing issue being held over their head, in order to stay in business compliance would be a necessity. Commissioner Sander asked the Secretary what would be grounds for license revocation. The Secretary responded the requirements in the licensing ordinance must all be complied with. He added that continued violation of these regulations would lead to the Council considering revocation. 2 -16 -94 2 Commissioner Holmes asked what type of games would be installed, and Mr. Davis said there has not yet been a specific plan because the design of the facility is not yet finalcd. Commissioner Hilstrom asked what age group this was designed for, and Mr. Davis ttention to the p ictures he had responded he was not sure but directed the Co mmission's a p brought. The Secretary said that it was his understanding that there would be a variety of electronic equipment all designed for entertainment, as well as the possibility of some kiddy rides and a ball crawl, Mr. Davis congratulated the City of Brooklyn Center on the courtesy and helpfulness of the staff in providing information and assistance in applying for this approval and the licensing. PUBLIC HEARING _ (APPLICATION NO. 940011 Chairperson Willson opened the meeting for the purpose of a public hearing on request for special use permit approval to operate an Amusement Center at Brookdale Center at 8:07 p.m. He inquired if therc was anyone present who wished to address the Commission. Ms. Donna Zisk 5455 Brooklyn Boulevard said she has lived in Brookly Center for 33 � Yn Yn T he e support f proposal as She said h f than he expr d her su Sears and as seen a lot o changes. S p ess pp p p Brookdale has gotten a little shallow as far as the variety it offers. She said a batting cage or basketball toss would be a nice addition. She also commented there will probably be some turbulence as there almost always is where young people congregate, but with good supervision and security inside the mall it should not be a problem. CLOSE PUBLIC HEARING Thcre was a motion by Commissioner Hilstrom and seconded by Commissioner Sander to close the public hearing at 8 :15 p.m. The motion passed unanimously. Commissioner Holmes asked how the police reports have been at Brookdale. The Secretary explained a conversation he had with Captain Downer who felt this type of operation at Brookdale is appropriate. He explained Captain Downer said he would have a problem with this type of operation if it were in a residential area. The Secretary said he is not suggesting there won't be some incidents. The Secretary also said the Police Department does not anticipate any major problems, but if they continually occur, the City has the right to revoke the licenses. The Secretary explained the City Ordinances were changed in a major way in the past regarding amusement facilities to protect itself by putting them in larger retail areas away from residential neighborhoods and handle any problems through licensure. 2 -16 -94 3 Commissioner Holmes asked if the business around the site have been notified, and the Secretary explained the four majors at the mall and Brookdale Center itself as property owners were all notified. Commissioner Holmes asked if the City has any input on what type of games would be there. The Secretary said the only input from the City is from the standpoint of licensing, prohibiting gambling devices and certain pay offs, added there seemed to be no basis for the City to deny this application because it appears to meet the standards fro special use permits. Commissioner Holmes said he is concerned because of the fragility of Brookdale and he had heard it is losing renters. The Secretary explained in his conversation with the Manager of Brookdale there was discussion of the rumor going around the Brookdale was going to close down, which is not the case at all. The Secretary said Brookdale management is looking at some upgrading to keep it a viable regional shopping center, and he regretted the fact that negative rumors go around and the effects of them are hard to reverse. Commissioner Hilstrom said Brooklyn Center needs places for families to go with their - children. A C - JION RECOMMENDING APPROYAL OF AP LICATION NO, 94001 ,(NICKELS AND DIMES, INC.) There was a motion by Commissioner Hilstrom and seconded by Commissioner Sander to recommend approval of Application No. 94001 submitted Nickels and Dimes, Inc. for pp pp by t special use permit approval to operate an Amusement Center a Brookdale Center sub ject to the following conditions: 1. The special use permit is issued to the applicant to operate an amusement center at Brookdale Center. No other use is acknowledged or implied by this approval. Any expansion of this use shall require an amendment to this special use permit. 2. The granting of this special use permit is subject to the applicant complying with all applicable codes, ordinances, and regulations relating to the operation. Any violation thereof may be grounds for revocation. 3. The applicant shall apply for and receive the appropriate amusement device licenses prior to mcupancy of the site. Voting in favor: Chairperson Tim Willson, Commissioners Booth, Hilstrom, Holmes, and Sander. The motion passed unanimously. 2 -16 -94 4 OTHER BUSINESS There was brief disc issinn regarding the progress of several prnjects around the City. ADJO!IRNMENT There was a motion by Commissioner Hilstrom and seconded by Commissioner Sander to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 8:37 p.m. Chairperson Recorded and transcribed by: Kathy Stratton Time5aver Gaff Site Secretarial 2 -16 -94 5 CITY OF BROOKLYN CENTER Council Meeting Date 2/28/94 Agenda hem Numbe Q/ REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Planning Commission Application No. 94001 submitted by Nickels and Dimes, Inc. ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEP . PROVAL: B A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: �.. `'�(�^ `ro�� ✓. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Planning Commission Application No. 94001 submitted by Nickels and Dimes, Inc. is a request • for special use permit approval to operate an amusement center at Brookdale Center. This application was considered by the Planning Commission at its February 16, 1994 meeting. Attached are minutes and information sheets from that meeting, a map of the area, and various plans relating to the proposed special use permit. Recommendation This application was recommended for approval by the Planning Commission at its February 16, 1994 meeting subject to three conditions of approval. Planning Commission Information Sheet Application No. 94001 Applicant: Nickels and Dimes, Inc. Location: Brookdale Center Request: Special Use Permit The applicant is seeking special use permit approval to operate an amusement center at Brookdale Center. The operation, which will occupy 3,482 square feet, will be known as "Tilt" and is proposed to be located in the southwesterly portion of the mall in the space formerly occupied by Musicland. Other existing businesses in the area include Stride Rite Shoes, Glamour Shots, Arby's, Subway, Applebee's and Kay Bee Toys, which is located next to the proposed site. Amusement centers are allowed in C -2 zoning districts as special uses provided the property on which the amusement center is located is not within 150 feet of any residentially zoned (R1 through R7) property. As a special use it must be measured against the standards for special use permits contained in Section 35 -220 subdivision 2a through 2e of the Zoning Ordinance (copy attached). Furthermore, the applicant is subject to the licensing requirements contained in Section 23 -2101 through 23 -2117 of the City ordinances relating to the keeping, operating and maintaining of amusement devices within the City of Brooklyn Center. Amusement centers are defined in the licensing provisions of City ordinances as the operation of one or more amusement devices (except those designed for and used exclusively as rides for children) as a principal or secondary use available for use by nonemployees upon commercial premises other than Section 23 -2109 subdivision B subject to the special use permit requirements of Section 35 -220 of the City ordinances. (See copy of Section 23 -2109, subdivision B attached). Brookdale Center is, for the most part, surrounded by commercial uses or major thoroughfare right -of -way. The closest residentially zoned property is the Centerbrook Golf Course site and some single family homes along North Lilac Drive which are separated from Brookdale Center by some 270 to 300 feet of TH 100 right -of -way. The distance limitation contained in the Zoning Ordinance does not prohibit the location of this amusement center at Brookdale. This distance prohibition for the location of amusement centers was established at the time the City adopted licensing provisions for amusement devices. It was the City Council's intention in adopting the licensing regulations to keep amusement centers out of neighborhood commercial areas and to also prohibit the use of amusement devices as secondary or incidental uses in some commercial locations particularly close to residential areas. This was in response to problems experienced with amusement centers in neighborhood shopping centers such as the Humboldt Square Shopping Center. The licensing of amusement devices and some very specific regulations relating to the operation of establishments where amusement devices are found were established as a means of controlling the potential adverse effects from places making amusement devices available to the public. Section 23 -2115, subdivision A through E (attached) established the regulations and restrictions relating to maintaining amusement devices within the City. The "Tilt" operation at Brookdale will be subject to these provisions. 2 -16 -94 1 Planning Commission Application No. 94001 The applicant's attorney and representative, Mr. Herbert Davis, has submitted a written response as to how the proposed operation will meet the standards for special use permit contained in the ordinance and he has also supplied other material relating to the applicant, its goals, future plans and a listing of various States with their outlets. With respect to standard A regarding whether the operation will promote and enhance the general public welfare and not be detrimental to, or endanger, the public health, safety, morals or comfort, Mr. Davis points out that the effect of an amusement center upon a community is largely dependent upon its location, the expertise of its management, and the maintenance and attractiveness of the facility and equipment offered. He notes that Nickels and Dimes has been operating amusement centers for more than twenty years and has 214 locations in 36 States. He adds that they locate their facilities in or near regional shopping centers so as not to be in proximity to residential neighborhoods. He points out that they provide supervision for children who accompany their parents to a regional center to shop. Also, he adds, the location in a regional shopping center eliminates the prospect of gangs using the center for a meeting place to parade through or otherwise disturb adjoining residential neighborhoods. He notes the supervision of Nickels and Dimes trained employees and the security forces provided by the regional shopping center are both available to solve any discipline problem that may arise. Regarding standard B involving requiring the use not to be injurious to other property or substantially diminished property values, Mr. Davis points out that regional shopping centers such as Brookdale are screened from residential neighborhoods so that uses located in the center 0 will not have a negative impact on surrounding property values. Standard C requires that the proposed special use not impede the normal and orderly development and improvement of surrounding property. Mr. Davis notes that the Nickels and Dimes operation is a type of operation that is comprehended for regional shopping centers. He does not believe the location of this operation will have any affect on the development and improvement of other uses in the immediate area. Regarding standards D and E, Mr. Davis notes the operation will not have any affect on traffic circulation at Brookdale and that the applicant will comply with all ordinances and applicable regulations. The staff would generally concur with the written comments made by the applicant's representative. The effect of the amusement center is largely dependent on its location, away from neighborhood areas, and the management's maintenance and operation of the facility. These are the types of regulations listed in the City's Licensing Ordinance with respect to amusement devices. Based on the information submitted it appears that the Nickels and Dimes operation has the experience and expertise to properly operate an amusement center so that it is not detrimental to the community and surrounding uses. We also believe that an area such as Brookdale is probably the best type location for one of these operations. An amusement 2 -16 -94 2 Planning Commission Application No. 94001 center (The Picadilly Circus) was operated successfully at Brookdale for a number of years some . time ago without major problems. We also do not anticipate that this use will be injurious to other uses nor diminish property values. Attached is a letter from Linda Smith the General Manager for Brookdale expressing support for this special use permit. Brookdale believes it will be a good addition to the current mix in the center and compliment tenants currently located near this proposed operation. Brookdale is aware that such an operation could have a negative impact on the center but believes if properly designed and operated it can be a good addition. We want to emphasize that the applicant will have to obtain licensing for the amusement devices proposed and must comply with all of the provisions of the Licensing Ordinance or risk the loss of such license. The provisions include prohibiting the use of these devices for gambling, a limitation on payoffs and prizes (limited to free games and merchandise with a wholesale value of no more than one dollar). A public hearing has been scheduled for this special use permit and notices have been sent. Given the fact that Nickels and Dimes, Inc. appears to have the experience and expertise to successfully operate an amusement center, and given the fact that the City has licensing authority over the operation of amusement devices, we would recommend approval of this special use permit subject to the following conditions: 1. The special use permit is issued to the applicant to operate an amusement center at Brookdale Center. No other use is acknowledged or implied by this approval. Any expansion of this use shall require an amendment to this special use permit. 2. The granting of this special use permit is subject to the applicant complying with all applicable codes, ordinances, and regulations relating to the operation. Any violation thereof may be grounds for revocation. 3. The applicant shall apply for and receive the appropriate amusement device licenses prior to occupancy of the site. 2 -16 -94 3 APPLICATION NO. 94001 (NICKELS AND DIMES. INQ Chairperson Willson introduced the first item of business, a request from Nickels turd Dimcs, Inc. for special use permit approval to operate an Amusement Centcr at Brookdale Center. The Secretary reviewed the contents of the staff report, used overhead transparencies to show the location, (see Planning Commission Information Sheet for Application Nu. 94001, attached) and offered to answer any questions. 2 -16 -94 1 Commissioner Holmes asked about the location of the proposed "Tilt" operation and was told by the Secretary it is lwated where Musicland had formerly been. He also asked whcrc the old Picadilly Circus was before, and learned it was where Applebee's is now. Commissioner Sander commented Picadilly Circus was like a dark cave or dungeon, and hoped this operation would be brighter. The Secretary responded Nickels and Dimes, Inc. wants it brighter, and made reference to several pictures they had sent of other similar amusement facilities currently under their management. The Secretary introduced Mr. Herb Davis, 4043 Brookside, St. Louis Park, an attorney representing Nickels and Dimes. Mr. Davis said he had represented Nickels and Dimes, Inc. when they installed an amusement ccnter at Knollwood Mall. He said although that has been a successful facility, it is not as bright and cheery as some of the photos of more current designs for amusement centers. He said Ms. Linda Smith, Manager of Brookdale Shopping Center had made a request that this amusement center be a bright and cheerful atmosphere. Mr. Davis said he had received the materials from the Secretary including licensing restrictions and faxed them down to headquarters of Nickels and Dimes, Inc. in Texas. He added all proposed restrictions were approved. Commissioner Hilstrom asked if food would be served and Mr. Davis replied it would not. Chairperson Willson asked Mr. Davis if he knows what type of training is involved for employees, Mr. Travis responded he did not know specifics, but because Nickels and Dimcs, Tnc. has expertise and experience in running this type of facility all over the country, he assumes they know how to train and handle any employee problems and make the business work. Mr. Travis added he had been quite interested in the success of the "Gold Mine" operation in St. Louis Park because he was on the Planning Commission for that City at that time, and he could say he is sure Nickels and Dimes, Inc. is interested in quality performance in order to run a successful business. Commissioner Sander asked if the manager would be a local resident and Mr. Davis answered that would be the intention of Nickels and Dimes, Inc. He added, because of the licensing issue being held over their head, in order to stay in business compliance would be a necessity. Commissioner Sander asked the Secretary what would be grounds for license revocation. The Secretary responded the requirements in the licensing ordinance must all be complied with. He added that continued violation of these regulations would lead to the Council considering revocation. 2 -16 -94 2 Commissioner Holmes asked what type of games would be installed, and Mr. Davis said there has not yet been a specific plan because the design of the facility is not yet finalC4 Commissioner Hilstrom asked what age group this was designed for, and Mr. Davis responded he was not sure but directed the Commission's attention to the pictures he had brought. The Secretary said that it was his understanding that there would be a variety of electronic equipment all designed for entertainment, as well as the possibility of some kiddy rides and a ball crawl, Mr. Davis congratulated the City of Brooklyn Center on the courtesy and helpfulness of the staff in providing information and assistance in applying for this approval and the licensing. PUBLIC HEARING WPLIC TION NO, 94001) Chairperson Willson opened the meeting for the purpose of a public hearing on request for special use permit approval to operate an Amusement Center at Brookdale Center at 8:07 p.m. He inquired if there was anyone present who wished to address the Commission. Ms. Donna Ziska, 5455 Brooklyn Boulevard, said she has lived in Brooklyn Center for 33 years and has seen a lot of changes. She expressed her support for the proposal as she said Brookdale has gotten a little shallow as far as the variety it offers. She said a batting cage or basketball toss would be a nice addition. She also commented there will probably be some turbulence as there almost always is where young people congregate, but with good supervision and security inside the mall it should not be a problem. CLOSE PUBLIC HEARING Thcre was it motion by Commissioner Hilstrom and seconded by Commissioner Sander to close the public hearing at 8 :15 p.m. The motion passed unanimously. Commissioner Holmes asked how the police reports have been at Brookdale. The Secretary explained a conversation he had with Captain Downer who felt this type of operation at Brookdale is appropriate. He explained Captain Downer said he would have a problem with this type of operation if it were in a residential area. The Secretary said he is not suggesting there won't be some incidents. The Secretary also said the Police Department does not anticipate any major problems, but if they continually occur, the City has the right to revoke the licenses. The Secretary explained the City Ordinances were changed in a major way in the past regarding amusement facilities to protect itself by putting them in larger retail areas away from residential neighborhoods and handle any problems through licensure. 2 -16 -94 3 Commissioner Holmes asked if the business around the site have been notified, and the Secretary explained the four majors at the mall and Brookdale Center itself as property owners were all notified, Commissioner Holmes asked if the City has any input on what type of games would be there. The Secretary said the only input from the City is from the standpoint of licensing, prohibiting gambling devices and certain pay offs, added there seemed to be no basis for the City to deny this application because it appears to meet the standards fro special use permits. Commissioner Holmes said he is concerned because of the fragility of Brookdale and he had heard it is losing renters, The Secretary explained in his conversation with the Manager of Brookdale there was discussion of the rumor going around the Brookdale was going to close dawn, which is not the case at all. The Secretary said Brookdale management is looking at some upgrading to keep it a viable regional shopping center, and he regretted the fact that negative rumors go around and the effects of them are hard to reverse. Commissioner Hilstrom said Brooklyn Center needs places for families to go with their children. A r"IIQN RECC?MMENDING Al?PRQVAL OFAP LIGATI(IV NQ. X4(31 (NILS AND DIMES, INC. There waft a motion by Commissioner Hilstromn and seconded by Commissioner Sander to recommend approval of Application No. 94001 submitted by Nickels and Dimes, Inc, for special use permit approval to operate an Amusement Center at Brookdale Center subject to the following conditions: 1. The special use permit is issued to the applicant to operate an amusement center at Brookdale Ccnter. No other use is acknowledged or implied by this approval. Any expansion of this use shall require an amendment to this special use permit. 2. The granting of this special use permit is subject to the applicant complying with all applicable codes, ordinances, and regulations relating to the operation. Any violation thereof may be grounds for revocation. 3. The applicant shall apply for and receive the appropriate amusement device licenses prior to occupancy of the site. Voting in favor: Chairperson Tim Willson, Commissioners Booth, Hilstrom, Holmes, and Sander. 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BROOKDALE CENTER GENERAL GROWTH r Floor Plan MANAGEMENT, INC. a•,rIM I Brooklyn Center Minnesota 61ALDING AREA SUMMARY Z Department Stores g 0 _ Dayton's 195.388 _ Ceram 11rta Solt 144.548 Tae 8.254 1 z JCPemey 140.320 .t U {[ Tai 10.269 W Z 3 �E ��• • °..rE , Be.. 180,889 z LU 6 r res - 30.335 Tarrant B.Iding ;215.302 Shopotno Center Total 82. Parking Spaces 5251 BD C \ • ra C r. D 0 0 VICINITY MAP Bonn N '. Ceram Rrb Soot) , ch TMT L. n _ I ✓ G r U� ,.i.. i Dayton's - W C) � 1 C JCPOnney Q Sears V -------------° «.: O mm E�D .. 2JY . ITe. . . Scab . w CITY OF BROOKLYN CENTER Council Meeting Date 2128/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: ALLOCATION OF YEAR XX (1994 -1995) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS DEPT. APPROVAL. . y cM �yL S� ° - 1 i ✓ - . 7 , •` tie' , . . .._ 4 Tom Bublitz, Community Development Specialist MANAGER'S REVIEW/RECONE%IENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) Hennepin County has notified the City of Brooklyn Center of its Year XX (1994 -1995) allocation from the federal Community Development Block Grant (CDBG) program. Brooklyn Center is one of 43 Hennepin County cities participating in the Urban Hennepin County CDBG program. The estimated Year XX CDBG allocation for the entire County is $3,688,000. Brooklyn Center's share of the Year XX allocation will be $261,194, which is approximately a ten percent (10 %) increase over last year's allocation of $235,627. Last years CDBG allocation of $235,627 was assigned as follows: PROJECT BUDGET ALLOCATION Rehabilitation of Private Property $109,527 Household Outside Maintenance for the Elderly (HOME) $ 8,000 Scattered Site Redevelopment $ 50,000 is Business Retention Study $ 30,000 Public Facilities Project for Head Start Program $ 38,100 TOTAL: $235,627 This year, the City has received requests from three nonprofit agencies for CDBG funds. A summary of the requests follows. 1. The nonprofit agency, Community Action for Suburban Hennepin (CASH), has requested $7,500 in Community Development Block Grant funds for support of its HOME Line program. The HOME Line provides a number of services to suburban Hennepin County residents, including tenant advocacy -type services and a mortgage foreclosure prevention program. A copy of CASH's letter requesting the funds, along with HOME Line data for Brooklyn Center, and a program description is included with this memorandum. As you may recall, last year CASH also submitted a request for CDBG funds and at that time the only item eligible for funding under the CDBG program was the mortgage foreclosure prevention program. According to information from Hennepin County staff, the tenant advocacy services included as part of the HOME Line program have become eligible for CDBG funding this year. Also, as a point of information, last year the cities of Eden Prairie, Edina, Robbinsdale and St. Louis Park did fund the mortgage foreclosure prevention program of the HOME Line with CDBG funds. 2. The second request for Year XX CDBG funds has come from the Community Emergency Assistance Program, Inc. (CEAP) in the amount of $9,000 for its Peer Advocate program. Briefly, the Peer Advocate program is designed to provide assistance to low income families to help them maintain self - sufficiency by providing support from a peer advocate to help families with a variety of problems associated with maintaining a self - sufficient household. A more detailed explanation of the • Peer Advocate program is included with this memorandum. According to Hennepin County staff, the only other city presently funding the Peer Advocate program in Hennepin County is Brooklyn Park. Brooklyn Park funded the Peer Advocate program in the amount of $7,500 from last year's CDBG program. CEAP has indicated that the cities of Blaine and Champlin in Anoka County have made contributions to the Peer Advocate program. 3. The third request is from the Greater Minneapolis Day Care Association ( GMDCA) in the amount of $15,000 for the child care sliding fee program. The request was received by staff on February 24, 1994. A copy of the GMDCA request is included with this memorandum. In addition to the requests above, staff has prepared the following project recommendations for Year XX CDBG funding. A. The City's home rehabilitation deferred loan program (rehabilitation of private property) was budgeted $109,527 for last year's CDBG program. The current waiting list of applicants for this program is approximately 76 households. Presently, the EDA is able to put up to $10,000 in each household to rehabilitate the structure. Hennepin County has informed City staff that we may be able to begin spending up to $15,000 per household for the deferred loan program in the upcoming year. While ,+ spending this increased dollar amount would provide fewer overall grants, staff is finding that the cost of providing rehabilitation has increased over the past decade and we are forced to eliminate many needed repairs to a home to get the project $15,000, staff believes this would provide a more complete rehabilitation of single - family properties and would allow us to do needed items that we must now delete from projects. • B. The Scattered Site Redevelopment program was funded at $50,000 for last year's CDBG allocation. This money has been allocated to reimburse the EDA's reserve fund for the acquisition and demolition of the fourplexes along Humboldt Avenue. This project was set up as a multi -year contract to repay the EDA from CDBG funds for this project. C. The Household Outside Maintenance for the Elderly (HOME) program has been a part of the CDBG program for two years and has proved to be a beneficial program. This program provides minor maintenance and repair for persons 60 years of age and older and /or permanently disabled households. The households are required to pay a certain amount towards the rehab based on a sliding fee scale according to their income. CDBG dollars are used to bring down the overall cost of the repairs. Examples of the repairs included in this program include installation of grab bars, painting (interior and exterior), minor roof repair and concrete repair. Staff believes this has been a good addition to the CDBG program and has provided a needed service for those kinds of repairs that are not the major kinds of remodeling we achieve with the deferred loan program. In Year XIX (1993- 1994), the HOME program was allocated $8,000 in CDBG funds. As of January 31, 1994, $5,553 of the $8,000 has been expended. We have the • remainder of 1994 to spend the remaining $2,647 in the HOME program. The request from Senior Community Services for the Year XX CDBG allocation is for $9,000. D. Year XX is the last year the business retention study will be eligible for Community Development Block Grant funds. Last year, the CDBG program allocated $30,000 to the business retention study. This year, staff is recommending an allocation of $45,000 to make up a shortfall in the state grant from the Department of Trade and Economic Development (DTED). The $50,000 grant award from DTED was reduced to $25,000, which is the reason for the recommendation for the increase in Year XX CDBG funds for this program. A public hearing is required to be held on the allocation of CDBG funds by the City Council. The hearing notice format requires a summary of the amounts to be considered for allocation to the various funding categories established by the CDBG regulations, which include: Housing Public services Public facilities Neighborhood revitalization Planning /Administration Economic development Removal of architectural barriers Staff is recommending the following preliminary allocation be included in the hearing notice: PROJECT BUDGET ALLOCATION • Rehabilitation of Private Property $126,194 Scattered Site Redevelopment $ 50,000 Business Retention Study $ 45,000 Public Service $ 40,000* TOTAL: $261,194 *includes HOME, CASH, CEAP and GMDCA requests. Staff is recommending the public hearing be held on March 28, 1994, which would allow time to provide additional information on the requests from CASH, CEAP and GMDCA and report back to the City Council on these three proposals at the March 28, 1994 hearing. A copy of the public hearing notice is included with this memorandum. RECOMMENDED CITY COUNCIL ACTION Motion to approve the public hearing notice and authorize its publication. Norwest Bank Building C o mm un i ff 1011 First Street S., Suite 301 Hopkins, MN 55343 (612) 933-910 for Suburban Hennepin FAX (612) 933 6147 Mr. Brad Hoffman City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 January 31, 1994 Dear Mr. Hoffman: This letter is to request funding in the amount of $7,500 from the city's Community Development Block Grant program for 1994. Funds will be used to support HOME Line, the housing services program of Community Action for Suburban Hennepin (CASH). HOME Line was begun by CASH in January 1992. Over the past two years, HOME Line has developed four housing programs for low and moderate income homeowners and renters: - 1) a tenant "hotline" to assist tenants with rental housing problems; - 2) tenant organizing assistance to educate and train low income tenants to work together to solve common problems in a given complex; - 3) a mortgage foreclosure prevention program to provide personal, technical, and financial help to homeowners facing foreclosure due to circumstances beyond their control; and - 4) free legal help and financial assistance for families with children facing eviction. These programs are described in more detail in the HOME Line Program Description enclosed. I have also included a 1994 operating budget for our housing services and a fact sheet that details HOME Line's tenant advocacy and foreclosure prevention activities in Brooklyn Center. Altogether, HOME Line has assisted approximately 10,000 suburban Hennepin County residents since it began operation in early 1992. Well over 90% of these people have low or moderate incomes by HUD standards. We appreciate your willingness to consider our request for support. If you have questions or need additional information, please feel free to contact Charlie Warner, our Housing Programs Manager, at 933 -9180. We would also appreciate being informed of any public meetings or hearings at which your 1994 CDBG program is considered. Sincerely, J i Gt_cc t fva o� Sharon A. Johnson Executive Director Enclosures as noted Working to eliminate the causes of poverty. HOME Line Data for Brooklyn Center Te nantadvocacy 10 0ME Line operates a "hotline" (933 -0017) to assist tenants experiencing problems with their rental housing situation. The hotline is open from 9am to 6pm weekdays (closes at 3pm on Fridays). We maintain a computerized database documenting all calls. The following summary information is taken from that database. Number of calls received from Brooklyn Center residents since start -up (January 1992) 271 Number of calls received from Brooklyn Center residents during 1993 167 Total number of Brooklyn Center residents served (= number of calls x average household size) 691 Percentages of Brooklyn Center residents served by HOME Line that are: Low income* 88.1% Moderate income* 10.4% Higher income* 1.5% Below are the problem areas most frequently encountered by callers to HOME Line county -wide. The numbers show how many times each was mentioned by callers from Brooklyn Center: Since During 1992 1993 Eviction 49 27 Repairs 79 47 Security Deposit 45 28 Discrimination 4 2 Harrassmant 8 5 Intrusion 6 2 Heat 1 1 Improper Notice 4 1 Mortgage Foreclosure Prevention During 1992, HOME Line established a new program to assist homeowners facing the possible loss of their homes to foreclosure. Assistance provided ranges from budget counselling to securing emergency financial aid to arranging mortgage refinancing. Financial aid has been secured from a variety of public and private sources, including an emergency loan fund operated by Community Action for Suburban Hennepin (CASH), HOME Line's parent agency. Number of Brooklyn Center homeowners assisted during 1993 17 Financial assistance raised on behalf of Brooklyn Center homeowners $15,249 ounty -wide, the Foreclosure Prevention program assisted 287 homeowners of whom 64.1% were low income*, 25.4% were moderate income *, and 10.5% were higher income.* More than $1,460,000 in mortgage refinances were closed or in process during 1993, resulting in an average monthly savings of 0 1 49.24 to the benefitted homeowners. A total of $121,764 in emergency financial aid was raised on behalf eligible homeowners. According to HUD definitions HOME Line Housing Services HOME Line is a program of Community Action for Suburban Hennepin (CASH) 1994 Operating Budget USES of FUNDS Salaries $134,865 Benefits 31,000 Contract Attorney 25,600 Utilities 1,000 Mileage /Parking 3,000 Training 5,000 Consultants 10,000 Rent 17,400 Telephone (incl. LD and FAX) 6,000 Meeting Expenses 1,000 Postage 3,000 Printing & Copying 2,000 Maintenance & Repairs 750 Advertising 1,400 Equipment & Furnishings 5,000 Memberships 1,000 Insurance 475 Supplies 2,000 Subscriptions & Publications 500 TOTAL Uses 250,990 SOURCES of FUNDS Municipal CDBG 50,000 County Homeless Prevention and Assistance 25,600 Community Service Block Grant (CSBG)* 175,390 TOTAL Sources $250,990 * CSBG is the principle source of funding for Community Action for Suburban Hennepin. These are federal "anti- poverty" funds provided to CASH through the MN Department of Jobs and Training. (January 1994) HOME Services for Suburban Hennepin 'Tenants r • Advice • Access to Legal Assistance • Information 933 -0017 1206 Mainstrcct, Hopkins, Minncsotz 55343 HOME Line Program Description (January 1994) Introduction HOME Line is the name given to CASH's set of housing services that operate in suburban Hennepin County. These currently include tenant advocacy (started in January 1992), tenant organizing (May 1992), mortgage foreclosure prevention counselling (August 1992), and legal defense for families facing eviction (September 1993). CASH, standing for Community Action for Suburban Hennepin, is the "anti- poverty agency" serving low income people throughout Minneapolis' suburbs. It is a private nonprofit corporation with tax - exempt status under Section 501(c)(3) of the Internal Revenue Code. CASH is funded rimaril with federal rants passed to P Y 9 P us through the Minnesota Department of Jobs and Training. Additional funding is provided by Hennepin County, Y the Minnesota Housing Finance Agency (MHFA), ACTION, and several suburban Hennepin municipalities. Tenant Advocacy The advocacy service assists individual tenants and is provided primarily over the phone (the "hotline "), although tenants do occasionally drop in to the office. Individual advocacy includes identifying the tenant's 10 problem, providing accurate and timely information on relevant tenant /landlord rights and responsibilities, helping the tenant understand options they might use to remedy their problem, and, often, mailing out printed materials provided to us by Legal Aid. As advocates gain experience and expertise, there may be opportunities to assist individual tenants re are for court and in some rases represent them in court P P F More complex cases are often referred to Legal Aid or to volunteer ( pro bona) lawyers through the Hennepin County Bar Association's Legal Advice Clinic. Frequently, advocates will assist by referring tenants to other services and programs to help with problems that may be outside the sphere of tenant /landlord issues. Where advocates discover problems affecting many or all tenants in a complex, they may refer the case to HOME Line's tenant organizer. Tenant Organizing Where circumstances warrant and general problems exist, HOME Line's tenant organizer will work with groups of tenants to address problems collectively. Collective tenant action has been used in situations involving poor maintenance and repair throughout a complex, abusive behavior against tenants by management or maintenance personnel, and violation of regulations governing various housing assistance programs. Often, especially in cases involving government- assisted housing, HOME Line will secure assistance for the tenant group from Legal Aid. The organizing project has helped to form a county -wide tenant organization, the Suburban Association For Empowering Tenants (SAFE -T), to promote education on tenant /landlord rights and responsibilities and other housing issues. We are also actively assisting in the formation of a state -wide tenants group, the Minnesota Tenants Network. The Network is primarily focused on improving tenant /landlord law through legislative 0work. a program sponsored by Community Action for Suburban Hennepin (CASH) 933 -9180 i HOME Line Program Description Page 2. 0 Mortgage Foreclosure Prevention HOME Line's Mortgage Foreclosure Prevention program helps lower income homeowners who are facing fore- closure and the possible loss of their homes due to circumstances beyond their control. Often this is caused by a family break -up (divorce, abandonment, or death of a spouse) or the loss of a job due to economic dis- location. Intensive individual financial counselling with the homeowner and prompt, knowledgeable negotiations with the lender can sometimes save the situation. The foreclosure prevention staff assist homeowners gain access to public and private financial resources to help solve a delinquency. Where appropriate, a last- resort loan will be made to the homeowner to bring the loan current. The loan is non - interest bearing and comes due on sale of the property or when it is no longer owner- occupied. The program's Emergency Loan Fund is capitalized with funds from CASH; additional loan funds are available to the program through the MHFA's Emergency Mortgage and Rental Assistance Program . Family Homeless Prevention and Assistance This is Home Line's newest program, funded by Hennepin County in September 1993. Through this county assistance, we contract with an attorney in private practice to provide legal advice, help with negotiations, courtroom representation, and, for income - eligible households, emergency loans for families with children who are facing eviction from their homes. The program operates primarily in the Brookdale division of Hennepin County District Court. Most assisted families live in Brooklyn Park, Brooklyn Center, New Hope, Robbinsdale, and Crystal Staffing HOME Line's storefront office on Mainstreet in downtown Hopkins is staffed by CASH employees, VISTAs (Volunteers in Service to America, a program of the federal ACTION office) and volunteers from the community. CASH /HOME Line staff include the director of the tenant advocacy program, a tenant organizer, the director of the foreclosure prevention program and her assistant, and an overall housing programs manager. CASH also contracts with an attorney in private practice to provide eviction defense to families with children. The VISTAs are assigned, one each, to the tenant advocacy program and the tenant organizing program. Volunteers serve primarily as tenant advocates. We work closely with the Legal Aid Society of Minneapolis. Legal Aid lawyers train our volunteer advocates in Minnesota tenant /landlord law and provide back -up advice to advocates. Legal Aid lawyers also provide representation to tenant groups organized through HOME Line. Because volunteers are a critical element in HOME Line's success, we place strong emphasis on their recruitment, training, and recognition. Volunteer Involvement Volunteers are a mainstay of much of HOME Line's work. Our tenant hotline is staffed in large part by volunteers recruited from area law schools and the suburban community. The tenant organizing program works with groups of volunteer tenants seeking to improve their collective situation. SAFE -T and the Minnesota Tenants Network are totally volunteer organizations. The Mortgage Foreclosure Prevention program utilizes a five - person Loan Committee composed of volunteers from the CASH board and from the community. Law students also volunteer with HOME Line's Family Homelessness Prevention and Assistance program. Law student volunteers, provided to the project through the Minnesota Justice Foundation, interview clients, prepare trial documents, and represent eviction defendants in court under the supervision of HOME Line's contract attorney. Altogether, over 3,000 hours of volunteer time are donated to HOME Line each year. (1/94) �pNCY ASSISr441,C .o F January 4, 1994 Mr. Tom Bublitz City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55429 Dear Mr. Bublitz: CEAP submits the following grant for your consideration as a request for the 1994 Community Development Block Grant (CDBG) funds in the amount of $9,000 dollars. These funds would be divided into three areas within the same program. Eighteen hundred dollars would be used for the Family Peer Advocate Team Leader, ( $150 dollars per month x 12 months). Thirty -six hundred dollars for a Family Peer Advocate, ( $300 hundred for x 12 months). Thirty -six hundred dollars for a Family Peer Advocate, ( $300 hundred for x 12 months). With these funds we will be able to continue serve families and meet rising demands. We feel CEAP and the City of Brooklyn Center share a common goal to serve the people of the community. Helping families to self - sufficiency is an extensive task and requires intense staff and volunteer time. It is obvious that to undertake such a wide ranging project we need the communities financial resources to help insure success in meeting the needs of the people of the community. Self - sufficiency needs are intricately connected to the inability to live independently of emergency services. Emergency financial assistance is frequently associated with longer term problems. Intervention Services are the preventive bulwark of hunger and homelessness. To achieve, adequate ability to escape from poverty, self - sufficiency goals must be addressed. The services that we provide are of great value to those who need them. In order to help the families we serve and strengthen the community, we want to proactively respond to the needs before they assume critical proportions. In addition to Intervention and Self - Sufficiency services for the families we serve, a Family Peer Advocacy program is provided to help deal with the problems encountered each day. The Family Peer Advocates work one on one to find out how CEAP can help individual families. 7231 Brooklyn Boulevard at CEAP WAY • Brooklyn Center, MN 55429 • 566 -9600, Fax 566 -9604 1201 89th Ave. N.E., Suite 130, Blaine, MN 55434 • 783 -4930, Fax 783 -4700 City of Brooklyn Center Page Two What is a Family Peer Advocate? The best way to describe this role is a welcoming, encouraging and supportive influence to families in the community. Often this means working with people whose experiences are limited.or find the system and its array of services confusing and difficult. The Advocate also acts as a resource for education, employment and involvement in the community. The Peer Advocate themselves go through extensive and intense training and work on their own personal and family goals. Through the process shared by the Advocate and family greater self - esteem and understanding of life is found. The Advocacy program works with the surrounding school districts of Robbinsdale, Brooklyn Center, Anoka - Hennepin and Osseo. The collaboration helps us as a service provider because we realize that one individual or organization doesn't have all the answers. However, collectively we can develop the right responses to assist an isolated and disenfranchised family to become more involved with the community. By empowering families to take control we make them and the community stronger. We sincerely hope that the City of Brooklyn Center will join with CEAP in the continuing fight to help those less fortunate in our community. The joining of our resources will make the community stronger and more effective in meeting the needs of the people we serve. Best regards. Sincerely, meri Campbe 7 !/ Diredtor Organizational Development enclosure r okzY ASSIsr44, A F 0892 � 3 o O Z l ai ll� A PEER ADVOCATE IS: Welcoming, encouraging, and supportive to others Nonjudgmental, respectful, and sensitive to needs of low income families Knowledgable about community resources and the school system Trained Respectful of confidentiality Team player A PEER ADVOCATE ISN'T: Know It All Childcare Provider Social Worker Legal Expert Financial Expert Emergency Service Provider Medical Professional WHAT DOES A PEER ADVOCATE DO? Helps to empower families by: sharing information about community resources, services, and schools encouraging parent involvement with children and schools advocating for reasonable requests being a listening and caring presence helping people to become aware of their inner resouces FOR MORE INFORMATION, CALL THE PEER ADVOCACY COORDINATOR AT CEAP - 566 -9600 7231 Brooklyn Boulevard at CEAP WAY • Brooklyn Center, MN 55429 • 566 -9600, Fax 566 -9604 1201 89th Ave. N.E., Suite 130, Blaine, MN 55434 • 783 -4930. Fax 783 -4700 r bi -rt cram, tax transmittal memo 7671 M of papa• > r rom r a. ono N February 24, 1994 "x BraO Roffman Cit of Broold n Center b30 Shingle reek Parkwa Brc klyn Centt r, MIST SS43a Dear Mr. Hoffman, On behalf of the Greater Minneapolis Day Care Association (GMDCA), I am requesting that the $rooklyn Center City Council consider using $15,000 of their Year XX Community Development Grant (CDBG) funds for the child care sliding fee program. This amount would help several )3fookl n Center families in training or in low paying jobs pay for child care. There are 92 eligible Brooklyn Center families on the waiting list. There are several pp ro grams that help families pay for child care while the parent is in school or in a low paying job. When a family calls and is , proven eligible, their name goes on to the county waiting g ai list as well a son the waitin list p st for their city, t if y, that city has a su bsidy Y program. This county list moves very slowly, because once a family is taken on they may need help for a long time with less assi stance as their children get older. At the present funding of the County program, families have to wait at least one year for subsidy, The city waiting ists move more quickly as the list is only for residents of that city, and once a resident is getting help and their name comes up on the count list the are moved to that source of funding, making way for another city family on that ci ty's �program. Th system maximized the use of city money, but the pa and time moving families from one program to another slows the use of city funds. A Brooklyn Center child cane subsidy program benefits your families trying to move toward self - Sufficiency. On their behalf, Y hope you can include the subsidy program in your Year XX t'DBG funding package. The Staff at GMDCA also urge the Brooklyn Center City Council to lobby for county and state funding for thechild care sliding fee program, Then City of Brooklyn Center money could be used for other programs. Thank you for Considering funding this program. PIease call if I can get any other information for you. I will try to attend your public hearing. Sincerely, G raoC Norris Community SeNice Coordinator GN:wp Greater Minneapolis D;..R. Care Association W onstance C. BAIT, Executive Director v 1628 Elliot Avenue South r Minneapolis, MN 55444 (W 341-1177 4 FM (612) 341.4356 ■ Voice/TDD (612 341 -2466 a An Equal Opportunity Employer C:no a f_np Fund Driv¢ MaM r Grganlwion ** *END * ** NOTICE OF PUBLIC HEARING 1994 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center, in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on March 28, 1994, at 7:00 p.m. in the City Hall located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs of the City and Urban Hennepin County, the Urban Hennepin County Community Development Block Grant Program Statement of Objectives, and the proposed use of the 1994 Urban Hennepin County Community Development Block Grant Program planning allocation of $261,194 by the City. In addition, during the July 1, 1994 to June 30, 1995 program year it is estimated that no additional program income from locally funded CDBG activities will be available to the City. The Statement of Objectives consists of the following seven program areas: (1) ADMINISTRATION, to maximize program benefit and effectively administer program funds; (2) HOUSING, to rehabilitate and assist in the development of housing which is affordable to low- and moderate - income households; (3) NEIGHBORHOOD REVITALIZATION, to maintain and preserve viable neighborhoods through concentrated community development activities; (4) PUBLIC FACILITIES, to improve existing and assist in the development of new public facilities which benefit low- and moderate - income persons; (5) ECONOMIC DEVELOPMENT, to provide financial assistance to businesses which will provide or retain employment to the benefit of low- and moderate- income persons; and (6) PUBLIC SERVICES, to expand and improve the quantity and quality of public services available to low- and moderate - income persons; and (7) REMOVAL OF ARCHITECTURAL BARRIERS, to remove material and architectural barriers which restrict the mobility and accessibility of elderly or disabled persons. The City of Brooklyn Center is proposing to undertake the following activities with 1994 Urban Hennepin County CDBG funds starting on or about July 1, 1994. ACTIVITY BUDGET Rehabilitation of Private Property $126,194 Scattered Site Redevelopment $ 50,000 Business Retention Study $ 45,000 Public Service $ 40,000* TOTAL: $261,194 *includes HOME, CASH, CEAP and GMDCA requests. 0 Subsequent increases or decreases in the community planning allocation or the budget of any funded activity by the greater of $10,000 or 50 percent of the allocated amount is a substantial change and pursuant to Urban Hennepin County policy will be subject to the amendment process. For additional information on the proposed activities, level of funding, program objectives and performance, contact the City of Brooklyn Center at 569 -3300 or the Hennepin County Office of Planning and Development at 541 -7086. The public hearing is being held pursuant to Minnesota Statutes 471.59. CITY OF BROOKLYN CENTER Council Meeting Date 2/28/94 Agenda hem Number /Q REQUEST FOR COUNCIL CONSIDERATION ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Discussion Item - Freedom of Speech /Opinion Signs DEPT. APPROVAL: ONALD A. WARREN, PLANNING AND ZONING SPECIALIST MANAGER'S REVIEW /RECOMMENDATION: i No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) I have recently been contacted by a citizen of the City of Brooklyn Center regarding sign ordinance regulations relating to signs on private property that express opinions or non- commercial messages. The messages contained on these signs may or may not be the subject of a campaign issue and would not necessarily be put up during the customary time of a political campaign. A review of our sign ordinance shows that the City does regulate campaign or political signs. These signs may be displayed for a period of not more than 60 days before or ten days after an election. Such signs may not exceed 16 square feet in area except there is no limit on the size of such signs during the period of August 1 in a state general election year until ten days following the state general election. These signs may refer to a candidacy or ballot issue, referendum, etc. being conducted during these times. No other reference is made to campaign, political opinion, or expression signs in our ordinance. The Sign Ordinance, at Section 34 - 130 subdivision 13 states all signs not expressly permitted by the Sign Ordinance are "prohibited signs ". Therefore, political opinion, freedom of speech, expression and /or other non - commercial signs are not allowed to be displayed in Brooklyn Center. This information was passed on to the person making the above inquiry. There have been recent court decisions regarding the constitutionality of sign ordinance regulations relating to the regulation of non - commercial signs involving opinions, political messages, etc. The law firm of Holmes and Graven is currently defending the City of New Brighton in a case that is before the Court of Appeals involving regulation of non - commercial signs. Attached for the City Council's review is a letter and attachments from the City Attorney regarding this subject. It appears our sign ordinance would not stand a constitutional challenge regarding the total prohibition of such signs. But it also appears that the City can regulate the placement, number, size, location and other matters relating to such signs provided these regulations are deemed to be reasonable. 1 Discussion Item - Freedom of Speech /Opinion Signs It is suggested that the City Council review the City Attorney's letter and comments. Following discussion of this matter we would request that direction be given as to what, if any, regulations the City Council would like to see contained in our sign ordinance in an attempt to balance constitutional issues with other issues such as the proliferation of signs that may be deemed undesirable by their size, placement maintenance and location. It is recommended that the City Council direction be forwarded to the Planning Commission for review and recommendation regarding appropriate Sign Ordinance amendments. 2 HOLMES & GRAVEN CHARTERED Attorneys at Law J OHN M. LEFEVRE JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL ROBERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET RONALD H. BATTY BARBARA L. PORTWOOD ST EPHEN J. BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L. WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929 -1991) DAVID J. KENNEDY 337 -9215 OF COUNSEL J OHN R. LARSON WELLINGTON H. LAw ROBERT C. A D ROBERT L. D IDS N CHARLES L. LEFEVERE February 2, 1994 Ron Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE Opinion Signs Dear Ron: You have informed me that the city has received inquiries about whether city ordinances authorize residents to place opinion signs on their property. The proposed signs would contain a message expressing a personal opinion. The signs would not fall within any of the permitted categories for signs under the Brooklyn Center sign ordinance, and therefore would be prohibited. n The Brooklyn Center sign ordinance is essentially the same as the ordinances for most of the cities with which I am familiar. The ordinance allows certain kinds of signs, such as political signs, "for sale" signs, "for rent" signs and the like. All other signs are prohibited. Among the signs which are prohibited, of course, are g p sort. s but which express a personal opinion of some s 1 signs p signs which are not politica gn g ordinances of the city of Appeals ruled that the sign o Y In 1990, the Minnesota Court pp of Minneapolis were unconstitutional in the case of Goward v. City of Minneapoli A copy of the court's decision is attached. The ordinance which was declared unconstitutional has the same elements as the Brooklyn Center city code, and therefore it is quite clear that the Brooklyn Center city code provisions would not withstand constitutional challenge in a case similar to that brought by Mr. Goward in Minneapolis . The difficulty which cities had in responding to the Goward decision was that it ruled unconstitutional a very typical sign ordinance without giving any real guidance about what amendments to the sign ordinance would suffice to make it constitutional. Therefore, I believe that most cities did not rush to amend their sign ordinances, .hoping that future cases would provide some additional guidance. In 1991, a resident of the city of New Brighton erected two signs on her front yard expressing her opinion about several issues relating to animals' rights. The New Brighton sign ordinance, like that of the city of Brooklyn Center, made no provision resident remove her signs, she When the tit attempted to have the r � for such signs. y p tit of which, in turn y 'on w11i , informed the con tacted the Minnesota Civil Liberties Un their opinion that the ordinances of the city of New Brighton were unconstitutional under the Goward ruling and demanded that the ordinance be amended. Upon review of the ordinance, the city concluded that the ordinance did not satisfy the standards CLL65027 BR291 -4 Ron Warren February 2, 1994 Page 2 set forth in Goward and that ordinance amendments were necessary. The approach taken in New Brighton was to change the ordinances as little as possible to make them constitutional. The MCLU was not satisfied with the ordinance amendments made by the city of New Brighton and brought an action in Ramsey county district court challenging the constitutionality of the city's amended sign ordinance. Holmes & Graven was assigned the defense of that case by the League of Minnesota Cities Insurance Trust, and we were able to prevail at summary judgement. That is, the district court ruled that the amended ordinances of the city of New Brighton were constitutional. That case has not yet been appealed. However, we have been informed by a newspaper reporter that the attorney for the MCLU intends to appeal that decision. In my opinion, the Brooklyn Center city ordinance would not withstand a constitutional challenge in a case similar to Goward or a case similar to that brought against the city of New Brighton. It would be helpful if the city could wait until the New Brighton case is decided at the court of appeals and perhaps the Minnesota Supreme Court since, if the city prevails on appeal, Brooklyn Center could be fairly confident that ordinance amendments similar to those made in New Brighton would make its ordinances constitutional. However, given the fact that the city is receiving inquiries about whether people are permitted to put up opinion signs, the city may no longer have the luxury of waiting for the ultimate resolution of the New Brighton case. Therefore, I would recommend that the city council seriously consider beginning the process of amending its sign ordinances in an attempt to satisfy the standards for constitutionality which are set forth in Goward If the city council wishes to initiate this process, it would be helpful to have some guidance from the council about the general direction which the council would like to take in an amendment. Specifically, would the council prefer to amend the sign ordinances as little as possible to satisfy constitutional requirements, or is the council interested in a more permissive ordinance. This is a matter of public policy and the council must weigh conflicting public policy concerns. On the one hand, the council has indicated a clear desire to foster the expression of ideas and opinions, which is certainly an important objective. In the case of signs, however, the public interests which may run contrary to the free expression of ideas is that the proliferation of signs may be thought to be undesirable for a number of reasons. For example, signs can contribute to litter and clutter, distract motorists, impair vehicle sight lines, reduce property values, adversely effect the residential character of a neighborhood, etc. Perhaps it would be helpful to put this matter on as a discussion item at an upcoming city council meeting. If I can provide any further information, please let me know. Very truly yours, Charles L. LeFevere CLL : ckr CLL65027 BR291 -4 NOTICE: WDu AND COUNSEL, ARE PROHIBrM FMO s ONION O M MAKING STATE OF 1�I �!rhrtLIC PRIOR Tb 12:01 A.M. ON �� �ps;S' DATE IN COUFkT ANT BELOW • C049 -2164 Hennepin County Short, Judge Clayton L. Goward, Mark R. Anfinson Charles J. Rethwisch Respondent, Lake Calhoun Professional Bldg. 3109 Hennepin Avenue South Minneapolis, MN 55408 VS. City of Minneapolis, Robert J. Alfton Minneapolis City Attorney Appellant. Michael T. Norton Assistant City Attorney A -1700 Government Center Minneapolis, MN 55487 -0170 Filed: May 29, 1990 Office of Appellate Courts S Y L L A B U S The first amendment bars a city from prohibiting a property owner from displaying signs containing political messages on property zoned for residential use. Affirmed. Considered and decided, by Short, Presiding Judge, Norton, Judge, and Mulally, Judge.* O P I N I O N SHORT, Judge The City of Minneapolis appeals from an order of the i trial court enjoining enforcement of part of its municipal code against respondent Clayton Goward. Respondent brought this * Acting as judge of the Court of Appeals by appointment pursuant to Minn. Const. art. 6, 5 2; action for injunctive relief when the city threatened to prosecute him for erecting signs on his residential property criticizing the city government. The signs violated city code provisions for areas zoned for -residential use. We affirm. FACTS No facts are in dispute. Respondent has owned his present home since 1959. He converted the house into a duplex in 1960. In 1963, the city rezoned the property to a single family residential district. Respondent's duplex became a nonconforming use, which could not be enlarged without city permission. Over the next 20 years, respondent made numerous changes to the home. Respondent obtained permits from the city on five occasions. However, es respondent made several changes 9 without obtaining permits. This work.included an 8' by 10' addition to the front of the second story; a bay window on the east side of the second story; an enclosed room on the back side of the second story; and an open deck on the front of the third story. In 1985, city inspectors cited respondent for expanding the nonconforming use without city permission. Respondent pled guilty to these charges.. The city also brought an action to compel respondent to remove the expansions. The parties eventually reached an agreement which called for respondent to remove most of the room at the back of the second story. The other alterations were ermitted to-remain. The p parties reduced 2 A few days later, the city informed respondent the signs violated the city code and had to be removed. Respondent apparently was permitted to retain the signs for an additional five days and was then required to remove them. Respondent commenced this action seeking declaratory and injunctive relief from the city's enforcement of the sign ordinance. The city concedes it would enforce the ordinance against respondent if he reinstalled the signs. Respondent stated in deposition that he did not attempt to use any other means to communicate his grievance to the public. Specifically, he did not write to the newspapers; he did not protest before city hall or city council; and he did not buy advertising space in any newspaper. However, a newspaper article about respondent's problems was published the Minneapolis Star Tribune on October 16, 1987. The article included a photo of respondent with some of his signs. The trial court declared the following Minneapolis ordinance unconstitutional: 538.180. Signs. In RI District the following nonflashing, nonilluminated signs. are permitted under _ the conditions specified: (A) NAMEPLATE AND IDENTIFICATION SIGNS (1) Area and content -- Residential. There shall be not more than one nameplate- -not exceeding one square foot in area - -for each dwelling unit, indicating the name and address of the occupant or a permitted occupation. On a corner zoning lot two (2) such nameplates for each dwelling unit - -one facing each street- -shall be permitted. 4 The city code contains other provisions for political campaign signs: 522.300. Signs: (a) -Permanently affixed. All signs shall be permanently affixed to the ground or a structure. Portable signs are not authorized. (b) Political campaign signs. Political campaign signs are authorized in all districts. Subsection (b) shall not - be construed as authorizing any such signs on public property or on private property where otherwise prohibited. Minneapolis, Minn., Code of Ordinances § 522.300 (1983). 109.60. Political campaign signs. Notwithstanding any other provision of this Code to the contrary, no license or permit shall be required for the placing of temporary political campaign signs not more than thirty -two (32) square feet in area where the placing of such signs is authorized by the zoning ordinance. Lawn signs shall be removed six (6) days after a general election. Minneapolis, Minn., Code of Ordinances 5 109.60 (1981). Respondent's signs do not fall into any of the permitted categories. There is no dispute that the ordinance prohibits respondent from posting his signs. ISSUE Does enforcement of Minneapolis, Minn., Code of Ordinances S 538.180 (1987) violate respondent's first amendment right of free speech? ANALYSIS On appeal from summary judgment, this court's role is to determine whether any genuine issues of material fact exist, and whether the trial court correctly applied the law. Offerdahl v. University of Minnesota Hospitals & Clinics 426 N.W.2d 425, 427 (Minn. 1988). The nonmoving party has the 6 . . a channels for communication of the information. Ward v. Rock Against Racism U.S. , 109 S. Ct. 2746, 2753 (1989). The time, place or mariner analysis has been routinely applied in cases involving zoning laws restricting speech on privately -owned property. See e.g. City of Renton v. Playtime Theatres, Inc. 475 U.S. 41, 46 -47 (1986) (adult films shown in privately -owned theatres); Metromedia, Inc. v. City of San Diego 453 U.S. 490, 515 -16 (1981) (plurality opinion) (billboards containing commercial speech located on private property); Schad 452 U.S. at 74 -76 (live nude dancing); State v. Hopf 323 N.W.2d 746, 753 (Minn. 1982) (advertising devices near churches, schools, and scenic areas). We thus analyze each requirement in turn. I. Content Neutrality. In determining whether a government regulation is content - neutral, the government's purpose is the controlling I. The test articulated in City Council of Los Angeles v. Taxpayers for Vincent 466 U.S. 789 (1984) is somewhat different: . [A] government regulation is sufficiently -_ justified if it is within the constitutional power of the Government; if it furthers an important or substantial 'governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest. 466 U.S. at 805 (quoting United States v. O'Brien 391 U.S. 367, 377 (1968)). These two tests appear to have become interchangeable. See Day, The Hybridization of the Content - Neutral Standards for the Free Speech Clause 19 Ariz. St. L.J. 195 215 (1987). 8 e 466 U.S. at 816 (citation omitted). By placing a higher _value on certain topics of political speech than on other topics; the city impermissibly sets the agenda for public debate. See Consolidated Edison Co. v. Public Service Commission, 447 U.S. 530, 537 -38 (1980); Police Department of Chicago v. Mosley 408 U.S. 92, 95 (1972); see also Note, The Content Distinction in Free Speech Analysis After Renton, 102 Harv. L. Rev. 1904, 1913 (1989) ( "[S)ubject matter restrictions distort the process of self- government and the search for truth - -the norm ultimately underlying the marketplace of ideas." (footnote omitted)). Regulations that distinguish between subjects of speech on their face often have a viewpoint discriminatory effect. See Barnes, Regulations of Speech Intended to Affect Behavior 63 Den. U.L. Rev. 37, 53 -54 (1985); Schauer, Categories and the First Amendment: A Play in Three Acts 34 Vand. L. Rev. 265, 284 -85 (1981); Stone, Restrictions of Speech Because of Its Content: The Peculiar Case of Subject- Matter Restrictions 46 U. Chi. L. Rev. 81, 109 -11 (1978). This is true because political speech in some forums is most often critical of the status quo. An impartial ban thus has the effect of suppressing viewpoints critical of the government. By permitting campaign - related signs while banning signs on such political issues as abortion, taxes., and gun control, the city ordinance falls into the dilemma noted -in Taxpayers for Vincent 'The city is providing a forum to people 10 • t allowed); Baldwin v. Redwood City 540 F.,2d,.1360, 1372 -73 (9th Cir. 1976) (ordinances which exclude political signs from residential districts held unconstitutional), cert. denied 431 U.S. 913 (1977); National Advertising Co. v. Town of Babylon 703 F. Supp. 228, 237 (E.D.N.Y. 1989) (an ordinance does not pass constitutional muster if it favors any type of commercial speech over noncommercial speech), aff'd in part F.2d (2d Cir. 1990) ; Ross v. Goshi 351 F. Supp. 949, 954 (D. Haw. 1972) (ordinance prohibiting political signs held unconstitutional); City of Lakewood v. Colfax Unlimited Association 634 P.2d 52, 62 (Colo. 1981) (ordinance limiting permissible messages borne by political signs is unconstitutional); New Jersey v. Miller 83 N.J. 402, 413 -14, 416 A.2d 821, 827 (1980) (ordinance which limited residential property owner's communication constitutes an absolute ban on political speech); Peltz v. City of South Euclid 11 Ohio St. 2d 128, 133, 228 N.E.2d 320, 323 (1967) (ordinance prohibiting political signs impermissibly bars a property owner from expressing his opinion on his own property); City of Euclid v. Mabel 19 Ohio App..3d 235, 238, 484 N.E.2d 249, 253 (1984) -_ (ordinance which regulates on the basis of subject matter is invalid on its face), cent. denied 474 U.S. 826 (1985); Van v. Travel Information Council of Oregon 52 Or. App. 399, 415, 628 P.2d 1217, 1227 (1981) (ordinance which contains time limitations on political signs impermissibly restricts the scope of political speech). 12 t purpose for an ordinance that restricts speech. See National Advertising Co. v. Town of Babylon F.2d , (2d Cir. 1990) (Westlaw 1990 WL 39463 at 4). It is true that the Minneapolis zoning code as a whole was adopted, in general, for the purpose of promoting and protecting the public health, P P g P safety, morals, comfort, aesthetics, economic viability and general viability of the city. See Minneapolis, Minn., Code of Ordinances, S 522.20 (1986). This does not demonstrate that the rationale behind the enactment of the sign ordinance was aesthetics. See National Advertising Co. F.2d at (Westlaw 1990 WL 39463 at 3). We cannot accept the city attorney's statement that aesthetics was the city's motivating purpose where the record was silent on that point. See Dills v. City of Marietta 674 F.2d 1377, 1381 (11th Cir. 1982), cert. - denied , 461 U.S. 905 (1983). The onus of proving a need for a law burdening speech falls on the city. Grant 486 U.S. at 426. Because the city sign ordinance does not identify the particular governmental interests sought to be advanced and the city has otherwise failed to present extrinsic evidence of the interests underlying the ordinance, the city has not established -_ a basis for an ordinance restricting speech. Except for Taxpayers for Vincent the cases holding that aesthetic interests can constitute a significant governmental interest involved "semi - protected" speech. i Quadres, Content - Neutral Public Forum Regulations: The Rise of the Aesthetic State Interest, The Fall of Judicial Scrutiny 37 14 Several cases have held that notwithstanding the regulation, ample alternative channels of communication remained open. See Rock Against Racism U.S. at , 109 S. Ct. at 2760; Frisby v. Schultz 487 U.S. 474, 483 -84 (1988); Playtime Theatres, Inc. 475 U.S. at 53 -54; Taxpayers for Vincent 466 U.S. at 812; Hopf 323 N.W.2d at 754. These cases involved relatively minor interference with the right to speak. Rock Against Racism for example, involved a city requirement -that a city - supplied technician control the sound at concerts given in a public band shell. The Court held the law had "no effect on the quantity or content of that expression." U.S. at , 109 S. Ct. at 2760. Similarly, in Frisby the city enacted an ordinance banning picketing in front of residences. As the Court construed it, the ordinance allowed general marching through the neighborhoods, or around the block. 487 U.S. at 483 -84. As narrowed, the ordinance therefore left open ample alternatives. In Playtime Theatres, Inc. the city had banned adult movie theaters from locating within 1 feet of residential and other zones. The Court held ample alternatives remained open because 520 acres of accessible_ real estate - remained available. 475 U.S. at 53 -54. In Taxpayers for Vincent the city had banned posting signs on public property. The Court noted that ample alternative modes of communication remained, and that no findings indicated that the posting of political signs on public property is "a uniquely valuable or important mode of communication, or 'that appellees'_ ability to 16 existed. 431 U.S. at 93. The Court noted that such signs are most likely to reach the audience to which the message is directed. Id. We think the messages contained on respondent's signs are so closely connected to their location that no adequate alternative means of communication exists. The signs invite passers by to look at the house, and to consider whether the city treated respondent in a humane fashion. The same message communicated any place other than the house would carry little impact. The city's lawn sign ordinance amounts to a total ban on a form of political expression. Despite the narrow exception for campaign - related signs, the first amendment does not permit such a law because it fails to leave open adequate channels of communication. See Schad 452 U.S. at 76 (total ban on live entertainment does not leave adequate alternative channels). We have previously held that a total ban on commercial billboards is permissible. See Ott 395 N.W.2d at 114. That decision was premised on the fact that the ordinance in question did not reach noncommercial speech. Id. Noncommercial speech, the type at issue in the present case, is at the zenith of first amendment protection. Grant 486 U.S. at 425. Therefore, we hold that the near -total ban on noncommercial lawn signs in residential zones violates the first amendment. Our holding i does not prevent the city from enacting reasonable ordinances limiting sign dimensions, establishing setback requirements, and so forth. 18 CITY OF BROOKLYN CENTER Council Meeting Date February 28.. ^ 11 994 Agenda Item Number Q V REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RECOMMENDATION FROM PARK AND RECREATION COMMISSION TO REQUEST COUNCIL TO RECONSIDER THE 1994 FUNDING CUT FOR BROOKLYN COMMUNITY BAND DEPT. APPROVAL: 'm oore- Sykes, Ad i i trative /Personnel Assistant MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • Representatives from the Brooklyn Community Band came before the Park and Recreation Commission requesting direction in attempting to regain funds in the amount of $2,495 cut from the City's 1994 general fund budget. They informed the commission that this loss of funds from their 1994 budget was completely unexpected, and they have not been able to find other financial sources for 1994. Not having these funds will greatly impact their ability to provide concerts to the community. They asked that these funds be reinstated for 1994, giving them an opportunity to find additional funding sources, while also fulfilling commitments to provide a concert season for 1994. As recommended by the Park and Recreation Commission, they have committed to finding alternative funding sources for 1995; increasing membership recruitment in Brooklyn Center; participating in the 1995 application process with the contractual services for nonprofit agencies' committee; and working toward becoming more visible in our community thus further enhancinv other fund - raising activities such as contributions and donations. RECOMMENDED CITY COUNCIL ACTION Approval of the Resolution Amending the 1994 General Fund Budget to Provide Funding for the Brooklyn. Community Band. D� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR THE BROOKLYN COMMUNITY BAND WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget and further provides the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the City Council hereby approves an allocation of $2,495 from the 1994 Budget to provide funding for the Brooklyn Community Band. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1994 General Fund Budget as follows: Increase the appropriations for the following line item: Parks and Recreation Unit No. 161, Community Band $2,495 Decrease the appropriations for the following line item: Unallocated Department Contingency Account $2,495 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 2 /28M Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: North Metro Highway 100 Council, Inc. DEPT. APPROVAL:,��� Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOnCM[ENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) At your January 24, 1994, meeting, the City Council by motion expressed interest in and support • for developing an organization which would promote and lobby for the improvement of Highway 100 in the Northwest area. At your initial consideration, the City Council expressed initial support pending the receipt of final originating documents and a budget for the organization. Attached please find a copy of the Articles of Incorporation of the "North Metro Highway 100 Council, Inc." If established, this Incorporation would create a nonprofit organization pursuant to Minnesota Statutes. This is a similar type structure which was used for, and it is modelled after, the Highway 610 Coalition's model. Also attached please find a copy of the initial budget for the Highway 100 Council. You will note that as a part of the budget and creation of the organization, member communities will be charged a $2,000 fee. I have attached for your information my initial request for council action form relating to this request. The Council, at that time, expressed initial and enthusiastic support for this organization, and the estimated costs at that time were $3,000 to $4,000 per year. The final figure is $2,000, and I believe it would be a worthy expenditure of community funds. RECOMMENDED CITY COUNCIL ACTION Staff recommends the City Council pass the attached resolution authorizing Brooklyn Center's membership in the North Metro Highway 100 Council and appropriating from Contingency Funds $2,000 for the annual membership fee. /od Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1994 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR NORTH METRO HIGHWAY 100 COUNCIL INC WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget and further provides the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the City Council hereby approves an allocation of $2,000 from the 1994 Budget to provide funding for North Metro Highway 100 Council, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the .City of Brooklyn Center to amend the 1994 General Fund Budget as follows: Increase the appropriations for the following line item: City Manager's Office Unit No. 13, Dues & Subscriptions $2,000 Decrease the appropriations for the following line item: Unallocated Department Contingency Account $2,000 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. ARTICLES OF INCORPORATION OF NORTH METRO HIGHWAY 100 COUNCIL, INC. In order to form a non -profit corporation pursuant to the provisions of Chapter 317A of the Mirmesota Statutes, the following Articles of Incorporation are hereby adopted: ARTICLE I NAME The name of the corporation shall be 'North Metro Highway 100 Council, Inc." ARTICLE II REGISTERED OFFICE AND AGENT The address of the registered office of this corporation is and the name of its registered agent at that address is: Sarah M. Nelson 8525 Edinbrook Crossing Suite 5 Brooklyn Park, MN 55443 ARTICLE III INCORPORATORS The name and address of the incorporators, who are natural persons of full age, are as follows: Sarah M Nelson Duane Ostlund 8525 Edinbrook Crossing First Bank Robbinsdale Suite 5 4000 West Broadway Brooklyn Park, MN 55443 Robbinsdale, MN 55422 ARTICLE IV INITIAL BOARD OF DIRECTORS The initial Board of Directors shall be: Duane Osdund Sarah ILL Nelson Joy Robb Todd Paulson Fran Hagen Jerry Splinter Jerry Dulgar William Joynes Peter Meintsma Edward Erickson Blair Tremere Dan Donahue Joseph D. Strauss 1 ARTICLE V PURPOSE The purpose of this corporation is: 1. The corporation is organized Q' rp g d exclusively for chartable, educational, religious, or scientific purposes within the meaning of section 501 (3) (c) of the Internal Revenue Code. 2. To communicate the benefits and advantages of constructing Trunk highway 100 to the general public and to decision makers. 3. To act as spokesperson on behalf of the promotion of constructing Trunk Highway 100. 4. To stimulate both public and private support for the immediate construction of Trucnk Highway 100. 5. To convince decision makers that it is critical that trunk Highway 100 be constructed. The purposes and power specified above are not intended to be, and shall not be held to be, in limitation of the powers now or hereafter granted to the corporation under the laws of the State of Minnesota, but rather are intended, and shall be held, to be in furtherance thereof and consistent with Section 501 (c) (3) tax exempt status and with supporting organization status as defined by Section 509 (2) (3) of the Internal Revenue Code of 1954, as amended. Notwithstanding any other provision of these articles the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from Federal income tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or corresponding provisions of any future United States Internal Revenue Law); or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law.) ARTICLE VI PERIOD OF DURATION This corporation shall have perpetual existence. ARTICLE VII CAPITAL STOCK There shall be no capital stock in this corporation. ARTICLE VIII DIVIDENDS /COMPENSATION The corporation shall rp pay no dividends, and no art of its income shall inure to the benefit o P f� or be distributed ' ed o, its members, officers, directors or other private persons, save that the corporation shall be authorized and empowered to pay reasonable compensation for personal services rendered. 2 ARTICLE IX NO PECUNIARY GAIN The corporation shall not afford pecuniary gain, incidentally or otherwise, to is members. ARTICLE X DIRECTORS Number and Term The Board of Directors shall be composed of not less than three (3) nor more than twenty -five (25) persons who shall serve for three (3) year terms or until their successors are elected and duly qualified. The Board may also include non - voting Ex- Officio Directors and Directors Emeritus. The number of terms which a Director may serve is unlimited. An Ex-Officio Director or Director Emeritus shall continue as a Director as long as he/she holds such position or until he/she resigns or is removed, whichever first occurs. Resignation and Removal Any Director may resign at any time by written resignation delivered or mailed to the Secretary and such resignation shall be effective upon receipt by the Secretary, unless a later date is specified. A director may be removed by the Board by a two - thirds (2/3 rds) vote of the membership of the Board, provided that the notice of the meeting at which removal is to be considered stated the purpose. Vacancies. The President shall appoint a Nominating Committee which shall be comprised of three (3) voting Directors or the remaining voting members of the Board, whichever is less. Such committee shall nominate persons by majority vote to fill offices and directorships which are vacated during the period of time between annual meetings of the board, and which will be vacated at the next annual meeting next foll a owm� then term of office, and shall cant' on such other duties as specified by the Board. Such nominations shall be presented by the Committee to the entire Board at least thirty (30) days before the election to fill such office or directorship. Each voting member shall be elected individually by a majority vote of the r emainin g members of the board at its annual meeting or at any special meeting called for such purpose from nominations made by the Nominating Committee. There shall be no cumulative voting for directors. Personal Lability. No director shall have personal liability for corporate obligations. Compensation There shall be no compensation for members of the Board of Directors. Annual Board Meeting. The Board of Directors shall meet at least once per year. ARTICLE XI POWERS OF THE INITIAL BOARD OF DIRECTORS The duties of the initial Board of Directors shall specifically include, but not be limited to the following: 1. Adopt the initial Bylaws of the corporation. 2. Adopt a budget for the first year of the corporation's operation. 3 3. Determine the assets, liabilities and equities of the corporation as of the date of its inception. 4. Select one or more depositories for the funds of the corporation. 5. Establish the s initial books and records of the corporation, and appoint an accounting firm to handle the financial reporting requirements of the corporation. 6. Purchase, lease or otherwise acquire suitable office space, furniture, furnishings, supplies and materials for the conduct of the corporation's business. 7. Engage the services of such volunteers, consultants and/or employees as may be required to conduct the affairs of the corporation. 8. Determine the appropriate insurance requirements for the corporation, put these insurance policies in place for the benefit of the corporation. 9. Cause to be filed appropriate applications for state and federal tax identification numbers and recognition of tax exempt status on behalf of the organization. 10. Determine the initial membership fee schedule and design membership applications. 11. Select additional board members and secure their commitments to serve the corporation in that capacity. 12. Engage appropriate professionals to assist in the design of the corporation's co mnam cations and marketing campaign. 13. Solicit contributions to initiate the functions of the corporation. 14. Set -up day to day operations for the corporation. ARTICLE XII POWERS OF THE BOARD OF DIRECTORS In addition to, and not by way of limitation of; the powers granted to the Board of Directory by Chapter 317A of the Minnesota Statutes, the Board of Directors of this corporation shall have the following powers and authority: 1. The business, property and affairs of the Corporation shall be managed by its Board of Directors. 2. To adopt, amend or repeal all or any of the Bylaws of this corporation by the vote of a majority of its members present at a duly held meeting, subject to the power of the members as set forth in Chapter 317A of the Minnesota Statutes. 4 3. To take any action required or permitted by law or by these Articles to be taken by the Board of Directors at a duly held meeting by written action by a majority of the members of the Board, or adopt any action without a meeting by written action signed by the numbers of directors that would be required to take the same action at a meeting of the board at which all directors were present, other than an action requiring member approval. 4. As to any member of the Board, to give advance written consent or opposition to a resolution stating an action to be taken by the Board; such consent or opposition shall be counted as a vote in favor of or against the resolution and shall be entered in the minutes or other record of action taken by the Board at the meeting if the resolution acted upon by the Board at the meeting is substantially the same or has substantially the same effect as the resolution to which the member of the Board has consented or objected. 5. To adopt an indemnity plan and to purchase and maintain insurance for officers, directors, employees and agents against liability asserted against them and incurred in any such capacity or arising out of their status as such to the fullest extent permissible under the provisions of the Chapter 317A of the Minnesota Statutes. ARTICLE XIII OFFICERS The officers of the corporation shall be a Chairman of the Board, a President and Chief Executive Officer, a Vice President, a Secretary, a Treasurer, and such other subordinate officers as the Board of Directors may from time to time determine. The Board of Directors shall annually chose a Chairman of the Board and the President and Chief Executive Officer at its Organizational Meeting and each shall hold office until his/her successor is elected and takes office. In the case of vacancies occurring in any other office, the President and Chief Executive Office is empowered and directed to fill such vacancy (cies), and the individual (s) so selected shall serve at the pleasure of the Board of Directors. ARTICLE XIV DISSOLUTION Upon the dissolution of the corporation, the Board of Directors shall, after paying or making provisions for the payment of all the liabilities of the corporation, dispose of all of the assets of the corporation exclusively for the purposes of the corporation in such manner, or to such organizations or organizations organized and operated exclusively for charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law), as the Board of Directors shall determine. Anv such assets not so disposed of shall be disposed of by the District Court of the country in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations as said court shall determine, which are organized and operated exclusively for such purposes. 5 ARTICLE XV SURETY BOND Surety bond shall be provided for all officers at the expense of the corporation. ARTICLE XVI FISCAL YEAR The fiscal year of the corporation shall be from January 1 to December 31. ARTICLE XVII CORPORATE AUTHORITY The corporation shall have the authority to receive monies and other property, both real and personal, by grant, devise, bequest, or otherwise, and to hold, invest and expend the same consistent with existing laws and the purpose of the corporation. IN WITNESS WHEREOF, the above -named incorporators executed these Articles of Incorporation this day of January, 1994. INCORPORATORS STATE OF MFINNESOTA ) (ss. COUNTY OF HENNEPIN) BE IT KNOWN, that on this day of January, 1994, before me a notary public, personally eared Sarah INL Nelson and Duane Ostlun P Y aPP d, Sr. to me known to be the person named and described as the incorporators and who executed the foreggoing Articles of Incorporation as their free act and deed for the uses and purposes therein expressed. Notary Public 0 6 T.H. 100 Council Budget REVENUE 1994 1995 1996 Member Communities $10,000 $10,000 $10,000 ($2,000 each community) Business Community $12,000 $10,000 $10,000 NMMA $1,000 $1,000 $1,000 Chambers $1,500 $1,000 $1,000 County $2,000 $2,000 $2,000 Revenue Total $26,500 $24,000 $24,000 OPERATING EXPENSES 1994 1995 1996 Accounting $750 $750 $750 Administration $1,500 $2,000 $2,000 Clerical $300 $300 $300 Contingency $700 $1,700 $1700 Governmental Relations $12,000 $12,000 $12,000 Meeting Expense $500 $500 $500 Postage $750 $750 $750 Printing $2,000 $1,500 $1,500 Promotional $3,000 $3,000 $3,000 Public Relations/Materials $5,000 $1,500 $1,500 Operating Expenses Total $26,500 $24,000 $24,000 Hizhway 100 Cou ncil PURPOSE: • To provide a forum for citizens, businesses and local governments to discuss, develop and promote solutions to the north -south traffic congestion, safety and pollution problems of the North Metro area. • To expedite the construction and upgrading of Trunk Highway 100 by M�v 1996 OBJECTIVES: • Seek construction date commitments from the Minnesota Department of Transportation and make them reality. • Seek funding commitment for the completion of upgrading Trunk Highway 100. Secure the cooperation and support of all communities, chambers of commerce, business and community organizations to make Trunk Highway 100 a priority transportation project for the area • Communicate the urgent need for a upgraded north -south corridor in the North Metro area. • Publicize progress and scheduling of work on Trunk Highway 100. • Minimize the right -of -way acquisition. • Maximize the use of the public transit. I. STRATEGY 1 Present the objectives of the Highway 100 Council in a positive and unified manner to targeted audiences. A. Tactics 1. Develop a program theme or logo for all Trunk Highway 100 marketing and communications material 2. Implement an active media relations effort a. News Releases b. Newsletter w/ mail -in response cards c. Video d. Bill Boards e. Buttons f. Information displays in offices, stores, mall, etc. g. Press Conferences h. Editorial Round Table Discussion i. Petitions H. STRATEGY 2 Position the Highway 100 Council as the primary organization for the project, and repository of all factual information (current and historical). A. Tactics 1. Define Organizational Structure & Participants (See 610 document) a. Executive Committee b. Full Council Participants (1) Local Government (2) Chambers of Commerce (J) Community Organizations (4) Local Businesses (5) County Officials (6) State Legislators (7) Congressional Delegation (8) School Districts c. Committee meetings (1) Executive Committee - bi- monthly (2) Council - ? d. Compile budget 2. Prepare coalition position paper a. Discuss all issues b. Raise questions c. Research funding alternatives d. Distribute III. STRATEGY 3 Achieve funding commitment for upgrading Trunk Highway 100 by working with appropriate agencies and decision makers (i.e., Minnesota Department of Transportation, Metropolitan Council, State Legislators, Congress, County Officials, etc) A. Tactics 1. Share detailed traffic data, demographic and historical project information with key decision makers. 2. Secure decision makers' commitment, through "grass roots" lobbying effort with the intent of bringing Trunk Highway 100 to the forefront of North Metro transportation priorities. Q way 100 Council Struct President - Duane Ostlund, First Bank Robbinsdale Secretary/Treasurer - Fran Hagen, Robbinsdale Board of Directors - Duane Ostlund, First Bank Robbinsdale Joy Robb, Mayor of Robbinsdale Fran Hagen, Robbinsdale City Manager Peter Meintsma, Mayor of Crystal Jerry Dulgar, Crystal City Manager Todd Paulson, Mayor of Brooklyn Center Jerry Splinter, Brooklyn Center City Manager Edward Erickson, Mayor of New Hope Dan Donahue, New Hope Blair Tremere, Mayor of Golden Valley William Joynes, Golden Valley City Manager Sarah Nelson, NMMA Joseph Strauss, NNM Highway 100 Council - Loca1 Government Chambers of Commerce Community Organizations Local Businesses County Officials State Legislators Congressional Delegation School Districts CITY OF BROOKLYN CENTER Council Meeting Date 1/24/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Development of a Highway 100 Council for Promoting the Reconstruction of T.H. 100 ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEWlRECONEMENDATION: No comments to supplement this report Comments below /attached SIJA1MARY EXPLANATION. (supplemental sheets attached ) Attached please find a draft document proposing a Highway 100 Council organization which would involve the communities and business representatives of Brooklyn Center, Robbinsdale, Crystal, New Hope, Golden Valley, possibly Brooklyn Park, the City of Minneapolis, and others. The purpose of this organization would be to promote and expedite the construction of Trunk Highway 100 through the above communities by May of 1996. The attached materials state the purpose, objectives, and various strategies to accomplish this goal. This process is modeled after the 610 Crosstown organization which was successful in getting commitment of funds for the construction of the 610 Crosstown. Robbinsdale and Crystal, through the North Metro Mayors Association, have taken the lead on this project and are requesting Brooklyn Center and others to join with them. Your staff believe this type of process could successfully achieve funding for Highway 100 through Brooklyn Center and the other communities. The City Council should remember on many occasions reconstruction of various sections of Highway 100 in the northwest area has risen to top priority only to fall by the wayside, and it appears that is again the situation. With this type of an organization, we stand the best chance of achieving our goal of reconstructing Highway 100. To finance the organization would require contributions from the cities involved. Initially they are indicating a contribution from Brooklyn Center in the range of $2,000 to $4,000. Other funds would be raised from private sources and North Metro Mayors Association has agreed to assist in administration of the organization should it be created. RECOMMENDED CITY COUNCIL ACTION We recommend your favorable consideration of a motion approving the concept of the Highway 100 Council organization and express initial support pending further documentation and submittal of a formal financial plan and program. CITY OF BROOKLYN CENTER Council Meeting Date 2/28/94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: NORTHWEST AREA IMPROVEMENTS DEPT. APPROVAL: 1;1ark" Maloney, City Engineer � • i /rte ,✓ �4 . ' s '.c. --... p ,'..��"� +, . MANAGERS REVIEW/RECOMMENDATION. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The proposed street improvements in the Northwest Area (generally the area north of 69th, and west of Willow Lane School, excluding Unity Avenue) are now at "Step • 6" of the Building Block process - "Complete Feasibility Report and Initiate Plans and Specifications ". Attached is an Engineer's Feasibility Report regarding the proposed improvement. A primary component of the proposed improvement is the construction of substantial storm drainage improvements. This includes replacing the existing "skeletal" system with a more comprehensive drainage system, and the construction of a small storm water treatment P ond. All the costs associated with this drainage improvement, estimated at $475,000, will be funded by the Storm Drainage Utility, in accordance with previous Council action. The attached report estimates the cost of the street improvement as $739,500. If the installation of additional street lighting is included then the total cost would be $783,000. It is proposed to fund the street portion of the improvement, and lighting improvements, if approved, by a combination of Chapter 429 (special assessment) bonds (75 percent) and special assessments (25 percent). It is proposed to proceed on the basis of the Council's established special assessment policy of a uniform assessment of $1,550 per residential property. Independent School District No. 279 would also be assessed for the frontage of Willow Lane School, as would the City for the frontage of Willow Lane Park. RECOMMENDED CITY COUNCIL ACTION A resolution accepting the engineer's report, directing the development of plans and specifications, directing staff to schedule a final informational meeting for the neighborhood (Step 7) and to send individual petitions to all affected property owners (Step 8), and ordering a public hearing (Step 9) on March 28, 1994 on the improvement is attached for Council consideration. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 B ROOKLYN TELEPHONE: 569-3300 C ENTER FAX 569 -3494 EMERGENCY - POLICE - FIRE 911 ENGINEER'S FEASIBILITY REPORT FOR NORTHWEST AREA IMPROVEMENT PROJECT NO. 1994 -11 12 February, 1994 OVERVIEW The proposed project involves roadway (1994 -11) and utility (1994 -12) improvements for the Northwest Area, more specifically, those portions of Toledo, Scott, Regent, Quail, Perry, 70th and 71st Avenues which lie north of 69th Avenue North and west of Brooklyn Boulevard. This report was prepared in accordance with previous direction of the City Council and assumes the construction of permanent improvements in 1994. PROPOSED IMPROVEMENTS Sanitary Sewer The sanitary sewers in the proposed project area are 8 inch diameter clay pipe, installed in 1956 and 1957, most of which are without gaskets. These sewers are subject to modest levels of groundwater and some known tree root infiltration. While there appear to be no capacity problems, city maintenance records together with televised sewer inspections have indicated the need for sanitary sewer repair in a limited amount of the project area. The replacement of these sewers will impact the existing water mains, and will require complete restoration of the overlying streets and boulevards. Please refer to Figure 1 for sanitary sewer improvements. Water Main The water mains 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. el �� ,986ALaC� The limits of the proposed sanitary and storm sewer construction trenches will include the area occupied by the existing cast -iron water mains, requiring the mains to be artificially supported throughout the duration of the sewer work. Because old cast -iron pipes are brittle and subject to breakage when disturbed, staff recommends replacement of all water mains adjacent to proposed sewer reconstruction. Any replacement mains will be 6 inch ductile -iron pipe which is the accepted standard for water main installations. In addition, it is proposed that the corresponding connections to the main, copper service pipe and curb stops (water shut offs) be replaced as part of the improvements. Please refer to Figure 2 for water main improvements. Storm Drainage One existing 24 inch storm drainage pipe extends through this area, and is relied upon for drainage by most of the proposed project area in addition to a large area south of 69th Avenue North. With the existing drainage patterns, the amount of overland flow and on- street flooding during even small and moderate rainfall events is unacceptable. This overland drainage causes standing water in the intersections along 69th Avenue and creates a traffic hazard especially in the spring and fall of the year. Additionally, the lack of curbs and defined gutters on the streets has allowed for drainage patterns which have eroded the boulevards and accelerated the deterioration of the bituminous roadways. The storm runoff generated by the area eventually flows, untreated, into the wetland complex just east of the "Ponds" development. Concerns regarding the water quality of the City's wetland /open water areas are being addressed through the development of Brooklyn Center's Water Management Plan. Storm drainage improvements should include any required replacements of existing inlet or manhole structures and lateral storm sewer lines, and the addition of drainage facilities in streets which currently are not serviced by storm drainage system. One goal should be to provide improvements which capture the drainage from the south side of 69th Avenue instead of allowing that water to surface -drain across 69th Avenue into the neighborhood. Also, any plan for improvement to the storm drainage system in this area should allow for possible extension to the east along 69th Avenue towards Brooklyn Boulevard to help address potential drainage issues at the intersections with Orchard and Noble Avenues. The pipe sizes in the preliminary storm drainage design vary from 15 to 48 inches, and the construction of a storm water pond for water quality improvement is shown on a currently vacant parcel west of Quail Circle. New storm drainage inlets are shown at locations which would become lowpoints in conjunction with re- grading the streets. Please refer to Figure 3 for storm drainage improvements. Streets All of the streets in the proposed project area are classified as local residential streets, originally constructed in conjunction with the previously described utility installations. Most of these existing streets are fairly flat, without any centerline crown remaining or curbs and gutters. On average, the streets are 30 feet wide, and we estimate the pavement thickness as 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 proposed to reconstruct these streets as two lane roadways measuring 30 feet in width with a structural capacity for the current traffic volume and vehicle distribution. Concrete curbs 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. There have been indications from the residents in the proposed project area that there may be support for a reconfiguration or disconnection of 71st /Perry Avenue, to address the use of the roadway as a short cut between Brooklyn Boulevard and 69th Avenue North. City staff has asked Independent School District 279 officials (on behalf of Willow Lane Elementary) to consider this issue, and evaluate the impact of such a reconfiguration on the operation of their facility. Based on preliminary discussions with the residents in the proposed project area there doesn't appear to be any sidewalk issues, and accordingly, no sidewalk improvements are considered in this report. While mature trees exist in most of the project area, the proposed roadway improvements include the addition of boulevard trees in appropriate areas. This report also includes the possible upgrade of street lighting, and its impact on the proposed project funding. Please refer to Figure 4 for street improvements. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The estimated project cost for the roadway improvements for these streets, including provision for some boulevard trees, is $739,500. If street lighting improvements are included in the proposed roadway reconstruction, the total project cost is estimated as $783,000. Repairs of and /or improvements to the sanitary sewer, water main and storm sewer would be funded by their respective Utility Funds, and the costs for such work are included in this report but not considered a roadway improvement. Please refer to Figure S for a summary of the estimated project costs. It is proposed to levy special assessments for the portion of the project which relates to the roadway improvement. This report assumes the use of the previously established Standard 1994 Residential Street Assessment rate of $1,550, and shows the assessable residential units (benefitted properties) on Figure 6. 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. Please refer to Figure 6 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, P.M. CITY ENGINEER PA k' W '• 3 'I �3a', ` atas +ti{a: Y:sSr h »::a 0tattR::; >:::as::::;rs >•tR ::::tir a,' 2: o.:.;•;:. 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N. r� m > z MAJOR A lE -AV& N - NORTHWEST AREA ESTIMATED PROJECT COST IMPROVEMENT ESTIMATED COST Streets (including minor landscaping) $739,500 Storm Drainage 595,000 Sanitary Sewer 125,100 Water Main 157,900 PROJECT SUBTOTAL $1,617,500 Street Lighting Upgrading 14L500 TOTAL ESTIMATED PROJECT COST $1,661,000 (including contingency, administration, engineering, etc.) Note It is proposed that the Storm Drainage, Sanitary Sewer and Water Main improvement costs be paid for by their respective utility funds. It is proposed that the street and street light improvement costs be paid for by a combination of special assessments and general obligation bonds in accordance with Minnesota Statutes, Chapter 429. 40 FIGURE 5 :�! r ' .. loot lit, A T EN 111► stage ►� ��=� �-� 11 ■i AN A = Kum woman :j m■ MM m m ■ _.. mm MM = ■■ ■� ■ ■ mm ... i , � i • � i Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS IN THE NORTHWEST AREA (IMPROVEMENT PROJECT NOS. 1994 -11 AND 1994 -12) AND CALLING FOR A PUBLIC HEARING WHEREAS, the Brooklyn Center City Council has previously initiated a process for the consideration of street and utility improvements in the Northwest Area, generally that area north of 69th Avenue and west of Willow Lane School, including 71st Avenue and excluding Unity Avenue; and WHEREAS, the City Council has received preliminary reports, analysis and citizen input regarding improvements in the area; and WHEREAS, it is the desire of the City Council to further pursue and develop a program for improvements to be constructed in 1994, which includes the consideration of special assessments pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The feasibility report as prepared by the City Engineer for the improvements is hereby received and accepted: 2. The City Engineer is hereby directed to prepare plans and specifications for said improvements. 3. The Council will consider Improvement Project No. 1994 -11 in accordance with the report, and the assessment of benefited properties for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429, at an estimated total cost of the improvement of $783,000. 4. A public hearing shall be held on the proposed improvement on the 28th day of March, 1994 in the Council Chambers at 8:00 p.m. local time and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. S. Staff is hereby directed to conduct a final informational meeting for residents of the neighborhood prior to the public hearing. Staff are also directed to prepare and mail to the owner(s) of each property proposed to be assessed an individual petition allowing said owner(s) the opportunity to indicate support or opposition to the proposed improvements. 10 Resolution No. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 2/28/94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: JAMES /KNOX /54TH AVENUES IMPROVEMENTS DEPT. APPROVAL: Mark Maloney, City >agineer MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The proposed street improvements in the area of James, Knox, and 54th Avenues are now at "Step 6" of the Building Block process - "Complete Feasibility Report and Initiate Plans and Specifications ". Attached is an Engineer's Feasibility Report regarding the proposed improvement. A primary component of the proposed improvement is the replacement of sanitary sewer mains. The Council may recall that during the discussion last year of improvements in the larger Southeast neighborhood there was a good amount of interest in a street improvement on these blocks because the residents recognized the need for utility improvements. The attached report estimates the cost of the street improvement as $363,300. If the installation of additional street lighting is included then the total cost would be $389,300. It is proposed to fund the street portion of the improvement, and lighting improvements, if approved, by a combination of Chapter 429 (special assessment) bonds (75 percent) and special assessments (25 percent). It is proposed to proceed on the basis of the Council's established special assessment policy of a uniform assessment of $1,550 per residential property. RECOMMENDED CITY COUNCIL ACTION A resolution accepting the engineer's report, directing the development of plans and specifications, directing staff to schedule a final informational meeting for the neighborhood (Step 7) and to send individual petitions to all affected property owners (Step 8), and ordering a public hearing (Step 9) on March 28, 1114 on the improvement is attached for Council consideration. 4 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 ROOK LY N TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 ENGINEER'S FEASIBILITY REPORT FOR KNOX /JAMES /54TH AVENUES NORTH IMPROVEMENT PROJECT NO. 1994 -01 02 February, 1994 OVERVIEW The proposed project involves roadway (1994 -01) and utility (1994 -02) improvements for Knox and James Avenues North between 53rd and 55th Avenues North, and for a portion of 54th Avenue North in the Knox /James vicinity. This report was prepared in accordance with previous direction of the City Council and assumes the construction of permanent improvements in 1994. PROPOSED IMPROVEMENTS Sanitary Sewer Possibly the primary infrastructure concern in the proposed project area is the existing sanitary sewer which was originally installed in the early 1950's as clay tile pipe without gaskets. These sewers, similar to the streets, were constructed with nearly flat grades - a function of the adjacent residential subdivisions. Over the years minor trench settlements, aggravated by the flat grades, have created sags and low points in the sewer lines. High amounts of groundwater infiltration are evident in these sewers, and City maintenance records together with televised sewer inspections have indicated the need for total ,sanitary sewer replacement in the project area. Much of the concern residents have regarding problem sewer services would be addressed as the services would be replaced between the main and the property lines. The replacement of these sewers will require complete restoration of the overlying streets and boulevards. In addition, the limits of the trench required for the sewer replacement will overlap the areas occupied by the existing water mains and storm sewers. Please refer to Figure I for sanitary sewer improvements. 1986 At1-AMEFiCAGf1Y1 Water Main The water mains in the project area were installed in the late 1960's after the residential development was established. These mains are 6 inch cast -iron pipes, which was the standard for water mains during that period. The mains have functioned adequately, and a recent evaluation of the City's water system indicates that there is no need for capacity related improvements at this time or in the foreseeable future. Unfortunately, as mentioned above, the sanitary sewer replacements will require the replacement of all water mains which lie adjacent to the sewer reconstruction. The reason for this is that the limits of the sewer trench will include the area occupied by the existing cast -iron water mains, requiring the mains to be artificially supported throughout the duration of the sewer work. It has been the City's experience in recent years that in cases where cast -iron water pipes have been supported during construction, and subsequently re- bedded and backfilled, that the trench settlements that occur over the next 1 to 5 years often exceed what the cast -iron pipes can accommodate. For this reason, this report recommends the replacement of all water mains adjacent to the proposed sewer reconstruction. All water mains for replacement will be 6 inch diameter ductile -iron pipe, which is the current standard for water main construction. In addition, it is proposed that the corresponding connections to the main, copper service pipe and curb stops (water shut offs) be replaced as part of the improvements. Please refer to Figure 2 for water main improvements. Storm Drainage The storm drains in Knox and James Avenues were installed in the 1950's and 60's, with a variety of inlet and casting types. The lack of defined curbs and gutters have allowed for drainage patterns which have eroded boulevards and caused localized flooding in some of the front yards. In addition, these storm drains are shallow, which severely reduces their effectiveness during successive freeze -thaw periods. The storm drainage improvements for the proposed project area include the replacement of existing catch basins and castings and the addition of drainage facilities in the area(s) where none currently exist. The storm drains would be constructed according to established engineering standards for maximum catch basin spacing, and at steeper grades and greater depth than what exist now, to the maximum practical extent. Please refer to Figure 3 for storm drainage improvements. Streets The existing roadways in the area of the proposed improvements are approximately 30' wide, classified as local, residential streets with a pavement age approaching 40 years. It is proposed to reconstruct these streets as two lane roadways measuring 30' in width with a structural capacity for the current traffic volume and vehicle distribution. Concrete curbs 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. There have been no strong indications by the residents of the affected streets of a need for sidewalks, and the City's sidewalk and trail lan does not include anything in this area. Accordingly, no sidewalk P Y g or trail improvements are considered in this report. The majority of overhead power lines in the area run north -south along the alleys and are not impacted by the roadway improvements, accordingly no provision is made in this report for their removal. While mature trees exist in most of the project area, the proposed roadway improvements include the addition of boulevard trees in appropriate areas. This report also includes the possible upgrade of street lighting and its impact on the proposed project funding. Please refer to Figure 4 for street improvements. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The estimated project cost for the roadway improvements for these streets, including some provision for boulevard trees, is $363,300. If street lighting improvements are included in the proposed roadway reconstruction, the total project cost is estimated as $389,300. Repairs of and /or improvements to the sanitary sewer, water main and storm sewer would be funded by their respective Utility Funds, and the costs for such work are included in this report but not considered a roadway improvement. Please refer to Figure 5 for a summary of the estimated project costs. It is proposed to levy special assessments for the portion of the project which relates to the roadway improvement. This report assumes the use of the previously established Standard 1994 Residential Street Assessment rate of $1,550, and shows the assessable residential units (benefitted properties) on Figure 6. 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. The improvements described herein are feasible under the conditions outlined and at the costs estimated. Mark J. Maloney, P. . CITY ENGINEER .... X: ..C•o-� S r +JnXO'A•+,r -n:..: ! ti..VA '�}.� ,r` �a � �• xts +wo,o �,a e.- vr.,w� � .wX::.xx.M.vth.- ..M..wr ,p��,. s s 3 s ✓ , /,' "� ✓ } k 18 - s 47;:482, } ## 16 582 s <15 ¢gy ilD J : ',,` 1 N f• .Y'::r .fi.,, .: >�;' , !Os19- 581....... > 16-581 IS-S81 s14- .... 1 f : � t . .....,}�2..,.......... , .... .,.......« 1 i :#^`• �' ✓� ! f ; ' 111 i .w.......,. ...,.._ ..... ..... ..................... «.} 6 # •� • ;~,� ✓ S. 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HIM E P. NIB I q , mn IM A lm JPWWWSI •i1E I HE ������������ - `iii ���■ ��■ � . I III.� ������ MIN 1� � ���1111 1� ■1 11� �� • 1111111111 III Nil 11S.1���111� 111 {}I�IIIII� 1111111111111 ■� �� �� IN 111 I�1 1111 1��11111111 IIIII \� �� "' � il�iiii 111 11 1 �MIN & t1111�� IIIIII���1 OR�I /1 111111 ��I 11������ � ■�� ■ �■��■ ��I 111 111 I leapi 11111 �������� uumnuu� ����� � ■������� �� Hine MH IML KNOX /JAMES /54TH AVENUE ESTIMATED PROJECT COST IMPROVEMENT ESTIMATED COST Streets (including minor landscaping) $363,300 Storm Drainage 49,900 Sanitary Sewer 91,800 Water Main 129,900 PROJECT SUBTOTAL $634,900 Street Lighting Upgrading 26 000 TOTAL ESTIMATED PROJECT COST $660,900 (including contingency, administration, engineering, etc.) Note It is proposed that the storm drainage, sanitary sewer and water main improvement costs be paid for by their respective utility funds. It is proposed that the street and street light improvement costs be paid for by a combination of special assessments and general obligation bonds in accordance with Minnesota Statutes, Chapter 429. FIGURE 5 �I I�IIr•..� �I �♦ 1 lime �������� ����� ������■ X1111 moll1111� t��.�d�E'S 1111111111111 11111 EMO��111 ..., i 1111111 illll MINE /OF Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECEIVING ENGINEER'S REPORT REGARDING IMPROVEMENTS ON JAMES /KNOX /54TH AVENUES (IMPROVEMENT PROJECT NOS. 1994 -01 AND 1994 -02) AND CALLING FOR A PUBLIC HEARING WHEREAS, the Brooklyn Center City Council has previously initiated a process for the consideration of street and utility improvements on James and Knox Avenues between 53rd and 55th Avenues, and on 54th Avenue from a point halfway between between Knox and James to a point halfway between Irving and James; and WHEREAS, the City Council has received preliminary reports, analysis and citizen input regarding improvements in the area; and WHEREAS, it is the desire of the City Council to further pursue and develop a program for improvements to be constructed in 1994, which includes the consideration of special assessments pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The feasibility report as prepared by the City Engineer for the improvements is hereby received and accepted: 2. The City Engineer is hereby directed to prepare plans and specifications for said improvements. 3. The Council will consider Improvement Project No. 1994 -01 in accordance with the report, and the assessment of benefited properties for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429, at an estimated total cost of the improvement of $389,300. 4. A public hearing shall be held on the proposed improvement on the 28th day of March, 1994 in the Council Chambers at 8:00 p.m. local time and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 5. Staff is hereby directed to conduct a final informational meeting for residents of the neighborhood prior to the public hearing. Staff are also directed to prepare and mail to the owner(s) of each property proposed to be assessed an individual petition allowing said owner(s) the opportunity to indicate support or opposition to the proposed improvements. Resolution No. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. s CITY OF BROOKLYN CENTER Council Meeting Date 2/28/94 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: HUMBOLDT /73RD AVENUE IMPROVEMENTS DEPT. APPROVAL: Diane Spector, Pu ' Works Coordinator Mark Malone C' ee MANAGER'S REVIEW/RECOMMENDATION: r No comments to supplement this report Comm en §� elow /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes At its February 14, 1994 meeting the Council considered improvements to Humboldt • Avenue, and by motion directed certain actions be taken. It is staff's understanding it was the Councils desire to at tonight's meeting review an Engineer's feasibility report for the following proposed improvement: Reconstruct Humboldt Avenue to a 30 foot width, with parking allowed, with a curvilinear alignment, various construction details, and the possibility of undergrounding electric utilities and "reasonable" special assessments Regarding financing, it is staff's understanding the Council requested information on the possibility of retaining the use of State Aid on this segment by either altering the design of the improvement or pursuing a design variance. The Council also requested more information on the special assessments which would be necessary should the road be reconstructed without the use of State Aid funding. This report provides that information. However, prior to discussing design or financing details, it is essential the proposed Humboldt Avenue project be placed in the context of the City's overall ability to finance improvements, and how policy changes which it appears the Council wishes to pursue on Humboldt Avenue relate to the city's Comprehensive Plan. SECTION 1 Page 2 HOW DO THE FINANCING OPTIONS FOR THE PROPOSED HUMBOLDT AVENUE IMPROVEMENTS IMPACT THE CITY'S ABILITY TO CONSTRUCT OTHER PROJECTS OR DELIVER SERVICES? State Aid Considerable discussion has revolved around whether state aid funds could or ought to be used for this project, and if Humboldt should remain a State Aid street. There has also been discussion of the financial impact of removing Humboldt from the State Aid system. We have discussed this question at length with the Acting State Aid Engineer. She cannot make a determination of the exact impact without detailed plans. However, in general, the City may construct improvements on Humboldt Avenue which are not to State Aid standards, with its own funds. The State Aid designation may remain on the street IF the improvements do not compromise the collector function of the roadway. However, improvements which are specifically designed to remove or reduce its functionality (such as a cul -de -sac, median barrier, diverter, choker, etc) would probably result in the state requiring Humboldt to be removed. There is a grey area of improvements which are designed to reduce the street's attractiveness for use, but which do not physically impede traffic. It is questionable whether those types of improvements would require the designation to be removed, but that question can only be answered on a case by case review. If the council removes Humboldt from the state Aid system AND replaces that mileage with mileage elsewhere in the city, the city will lose $8, 000 -10, 000 in state aid construction funds annually. These are funds which are used to rehabilitate or reconstruct our state aid street system, streets such as 69th, 65th, 63rd, 57th, Dupont, Humboldt, France, and shingle Creek Parkway. Upcoming major projects include the reconstructing of 57th Avenue from Logan to I -94; Shingle Creek parkway overlay; reconstruction of the 69th Avenue bridge over Shingle Creek (including relocating the at -grade bicycle /pedestrian crossing to a below -grade crossing); and improving 63rd Avenue west of Brooklyn Boulevard and France Avenue north of 69th. Any reduction in the amount of state aid funds we receive reduces our ability to keep up the entire 20 mile State Aid system. Such a reduction would exacerbate an already difficult financial situation with gas tax receipts falling annually. The Council should remember that the City has dedicated about 40 percent of its annual construction allocation for the next 12 years to repaying the bonds sold to finance the 69th Avenue improvement. A reduction in State Aid funds puts more pressure on the property tax levy to finance improvement. s Page 3 Tax Levy Impact If the Council chooses to forego state aid, and to finance the improvement using Chapter 429 (special assessment) bonds, then the estimated annual debt service for the next ten years could range from $25,000- 35,000. The Council would either have to increase the tax levy by that amount, or reduce the General Fund budget by that amount. Over the past year or so the Council and Commissions have identified a number of possible service enhancements or improvements to be considered, most of which have a property tax impact. If a federal grant for three additional police officers is awarded to the City, then at the expiration of the grant (1997) the City would have to take over the annual $150,000 funding. The 1994 CIP identifies a number of improvements which could be funded by GO bonds. The Park and Recreation Commission has identified $3,000,000 in park improvements ($261,000 of annual debt service), including replacing playgound equipment, replacing shelter buildings, construction of the Twin Lake Trail System, and other park improvements. Debt service on a Public Safety addition to the Civic Center could add $600,000 to the levy. The types of projects and service enhancements, such as the additional police officers, which the Council is currently considering could increase the city's share of property taxes for the typical home by 30 -35 percent in the next few years. It is very strongly recommended that the Council not substitute property tax based funding for State Aid funding for such projects as Humboldt Avenue. For you information we have attached two tables: Potential City Property Tax Impacts (documenting the property tax impacts of various projects on a typical Brooklyn Center home) and $50,000 Levy Increase Impact (documenting the annual property tax impact of a $50,000 levy on various types of taxable property). SECTION 2 HOW DO THE PROPOSED POLICY CHANGES RELATE TO THE CITY'S COMPREHENSIVE PLAN? WHAT ARE OTHER POLICY IMPLICATIONS? Comprehensive Plan The Transportation Plan portion of the City's Comprehensive Plan classifies each street in each neighborhood in the City according to its function as a local street, collector, or minor, intermediate, or principal arterial. Our Plan classifies Humboldt Avenue as a collector street. The Comprehensive Plan designation is a reflection of the function of the street and the amount of traffic which it carries. The State Aid designation is the funding mechanism used to implement the Comprehensive Plan designation. If the Council wishes to make various improvements or changes to the street which change its function from a collector street to a local street, then the Council must consider amending its Page 4 Comprehensive Plan. This process involves Planning Commission review, and submittal of the proposed amendment to the Metropolitan Council for its review and approval. The Metropolitan Council has recently updated its Transportation Development Guide Chapter /Policy Plan. By law cities and their Comprehensive Plans must be in conformance with this and other Met Council planning documents. Two policies detailed in that updated plan have specific bearing on what appears to be the Council's policy direction regarding Humboldt Avenue, and on the general question of traffic in the Northeast neighborhood. 1. Met Council Policy 12, Strategy A: State and local units of government shall provide an adequate minor arterial roadway system in the region. This policy states simply that the metropolitan highway system is intended to serve longer trips, and it is inappropriate transportation planning for a city to require that shorter "local trips" (trips of 4 or fewer miles in length) be made on the highway system. These types of trips must be provided for on local streets. If actions by Brooklyn Center are perceived or judged by the Met Council to impact trips from the southeastern sections of Brooklyn. Park in such a way as to increase congestion on T.H. 252, or to unreasonably obstruct access to locations in Brooklyn Center, we could be judged as being in non - compliance with Met Council transportation policy. According to transportation policy, somewhere between T.H. 252 and Palmer Lake, there must be a through, north -south collector /minor arterial to take care of these types of local trips. Humboldt Avenue now fulfills that function. 2. Met Council Policy 13, Strategy C: Local units of government in highly congested corridors [in Brooklyn Center, those are T.H. 252, and I94/694 west of Brooklyn Boulevard] will be required to revise the transportation component of their comprehensive plans to reflect a variety of techniques and strategies for maintaining good accessibility levels in their communities. Local governments, working with employers and developers, need to take responsibility for traffic problems and develop joint solutions with the Minnesota Department of Transportation, the Regional Transit Board and the Council. In other words, Mn/DOT, the RTB, and the Met Council are requiring the cities to help them solve problems of congestion on the metropolitan highway system. At the very least, these agencies expect that cities will not by their actions make congested conditions worse. Page 5 It is staff's opinion that the Council's policy direction appears to be in direct contradiction with Met Council transportation planning policies, policies which the City Council is by law required to uphold. So How Does This Relate To Humboldt Avenue? If the Council by its actions is perceived as removing the collector /minor arterial function from Humboldt Avenue without adequately providing for that collector function on other city streets, then Brooklyn Center will be in violation of the first cited Met Council policy above. If the Council by its actions is perceived as removing traffic from the Northeast neighborhood and expects it to use T.H. 252, then Brooklyn Center is also in violation of the second cited policy. The fact that the Council would be proceeding in a manner which could be interpreted as in violation of its own Comprehensive Plan and the Met Council's transportation policy does not directly impact any proposed Humboldt Avenue improvements. However, it would have very significant and costly impacts on other Brooklyn Center improvements and projects. In order to be eligible to apply for federal funding through the various federal transportation programs, such as the ISTEA funding proposed for the Brooklyn Boulevard enhancements, Brooklyn Center must be in compliance with its Comprehensive Plan, and it must be in compliance with Met Council's transportation policy. If the Council is judged by its actions on Humboldt Avenue to have violated Met Council transportation policy, then it eliminates the possibility of obtaining federal grant funds for those high priority projects. Any agency, such as Mn/DOT or Brooklyn Park, can request the Met Council to review the actions of any other agency, such as Brooklyn Center, for compliance with the local Comprehensive Plan, and with Met Council policy. In addition, the Met Council reviews and approves EAWs, and other Comprehensive Plan amendments such as land use revisions of the type contemplated in the Willow Lane area, and submits proposed amendments to adjoining municipalities for their review and comment before approving any amendment. Again, if the Met Council finds the City is not in compliance with its transportation plan, it could delay ction on those types of approvals, or Y Yp pP could deny those proposed amendments. Brooklyn Park and Mn /DOT: The Strongly- Worded Letter The Council has requested "strongly worded" letters to Brooklyn Park and Mn/DOT to demand that those agencies "do something" to alleviate the amount of traffic on Humboldt Page 6 Avenue, under the threat that "if you don't do something, we will." The Council has also requested that staff submit a resolution for Council consideration creating a task force including those agencies to open a dialogue and ask their cooperation in obtaining other improvements. Both Brooklyn Park and Mn/DOT have stated repeatedly in communication with the City and at City Council meetings that they are happy to work together with Brooklyn Center to study the transportation system in the entire area, and to work out solutions which are beneficial to all parties. The Met Council has also expressed a desire to be involved in any task force which would examine this issue. It is staff's recommendation the Council reconsider sending a "strongly worded letter, " and adopt a cooperative approach, benefitting from these agencies' expertise and willingness to approach the problem from a systemwide perspective. Using this type of approach, especially if the Met Council is involved, will greatly increase the probability that identified solutions will be judged by the Met Council as being in the spirit of its transportation policy. This task force would also be the appropriate place for discussion of mass transit opportunities, other transportation system improvements, and possibly some other options. Once a consensus is reached, this could provide very strong support for inter - agency cooperation, including support for legislative action, if needed.. Improvements As Precedent - Setting Policy There are several other locations in the City which are in situations similar to Humboldt Avenue. Actions taken by the Council to attempt to reduce the amount of traffic on this designated collector street will undoubtedly result in requests from other property owners for similar relief. Some of these locations, 63rd Avenue west of Brooklyn Boulevard and France Avenue north of 69th, are scheduled for consideration of street improvements within the next few years. The "Acceptable Levels of Traffic" Policy At some later date, staff requests the Council to clarify the direction the Council wishes to take in pursuing implementation of this policy. Specifically, direction is requested on how the proposed policy interrelates with the transportation policy and the street functional classifications detailed in the Comprehensive Plan; if the Council is asking for a Comprehensive Plan review or enhancement; and instructions as to which groups should be involved, timing, etc. Page 7 SECTION 3 COUNCIL ACTIONS: INFORMATION REQUESTED BY THE COUNCIL REGARDING PROPOSED IMPROVEMENTS TO HUMBOLDT, AND STAFF RECOMMENDATION REGARDING WHAT THE COUNCIL SHOULD CONSIDER DOING Based on the many motions made by the Council at the February 14 meeting, the City Engineer has prepared a feasibility report for what is understood to be the Council's preferred improvement. State Aid Funding Options The Council requested more information regarding the possibility of an appeal or request for a variance from the Office of State Aid t to allow an improvement to the Council's specifications while retaining the ability to use state aid funds. If the Council wishes to pursue this option farther, it must by resolution request the Commissioner to consider a variance. Staff must then prepare a detailed report to the Commissioner detailing the economic, social, safety, and environmental impacts resulting from the proposed variance, and the effectiveness of the variance in eliminating a deficiency in the transportation system. The Commissioner may convene a variance committee, which contains City Engineer, County Engineer, and elected official representation, to review all aspects of the proposed improvement. This committee makes a recommendation to the Commissioner, who makes a final ruling. This procedure takes a minimum of 6 to 8 weeks. Pursuing this option would eliminate the possibility of any construction on Humboldt in 1994. If the Council wishes to reconsider the option of construction to State Aid standards, that is, a 30 foot street with no parking, then it is recommended the Council consider constructing the project with no special assessments. If no special assessments are to be levied, then the Council may order the improvement (by a simple majority of 3 aye votes) with no further public hearings required. Such a resolution is provided for Council's consideration. Special Assessment Bond Funding Options Figure 1 of the Engineer's report compares the special assessments and other funding impacts of two types of improvements: Option 1 is a "basic" 30 foot wide roadway with minimal amenities (a few boulevard trees); and Option 2 is an "enhanced" 30 foot roadway with landscaping, additional street lighting, and underground electrical power. Page 8 The actual amount of the estimated assessment required to finance an improvement varies depending on if the Council desires to allow, as under existing policy, corner property owners to select the street improvement they wish to be assessed for. If that is the case, to assure the Council can certify a minimum of 20 percent of the cost as special assessments, it is prudent to assume all those who had the choice would choose not to pay at this time. Under that scenario, the "25 properties" estimate shown in Figure 1 of the Engineer's report would apply. Thus estimated special assessments for the "basic" option would be about $2,250 per property, and $3,250 per property for the "enhanced" option. If the Council for this project declares corner properties do not have the option of choosing, then the "38 properties" estimate shown on Figure 1 of the Engineer's report applies. Assessments would be estimated as $1,480 per property for the "basic" option and $2,138 for the "enhanced" option. Note These calculations assume that no special assessments would be levied against commercial properties on Humboldt Avenue, since it is considered impossible to prove benefits to such properties when it is the City's announced objective to reduce traffic. If the Council wishes to pursue assessments on the commercial and apartment properties on Humboldt, then an independent appraisers should be retained to provide an evaluation of the potential benefit to those properties from the improvement. Special Assessment Appeals To assure for bonding purposes there is a reasonable expectation that at least 20 percent of the project costs will be financed by assessments, it is recommended the Council consider requiring petitioning property owners to waive their rights to appeal the special assessment before a project is ordered. Chapter 429 Improvement Process If the Council desires to proceed on the basis of the improvement outlined at the February 14 meeting, and intends to finance the project with Chapter 429 bonds, then the next step is to accept the Engineer's feasibility report, call for a public hearing (on March 28 or April 11), and direct staff to hold the Step 7 informational meeting and mail out Step 8 individual petitions. Such a resolution is provided for Council consideration. I Page 9 RECOMMENDED CITY COUNCIL ACTION At the January 19, 1994 informational meeting, and again at the January 31, 1994 Council work session and February 14, 1994 regular Council meeting staff presented two proposals for Council consideration. Given the discussion above, we believe that these two proposals are worthy of further consideration, and we recommend that the Council choose to implement one of these two. PROPOSAL 1: "Build in 1994" If the Council wishes to construct an improvement in 1994, construct the street to State Aid standards (30 feet wide, no parking) and consider levying no special assessments, and appoint a task force of Brooklyn Center and Brooklyn Park residents and staff, representatives of commercial interests, and Mn/DOT and the Met Council to develop a comprehensive approach to managing traffic in the area.. PROPOSAL 2: "Interim Options" Take some interim measures such as an overlay, direct staff to work with Brooklyn Park and Mn/DOT to try incremental improvements which may provide some relief, and appoint a task force of Brooklyn Center and Brooklyn Park residents and staff, representatives of commercial interests, and Mn/DOT and the Met Council to develop a comprehensive approach to managing traffic in the area. 2/94 Potential City Property Tax Impacts Total Annual City Property Taxes on Typical Brooklyn Center Home = $205 Capital Annual Animal Property Cost Cost Tax Increase* • Estimated 3% Increase in Budget $ 0 $330,000 $13.79 annual cost of inflation • 3 Additional Police Officers 0 150 6.27 annual cost 0 Remodelling Fire Stations 1,145,000 99,000 4.14 (20 years) • Public Safety Addition 7,000,000 605,000 25.29 (20 years) • Community Center (Senior Center) 1,000,000 87,000 3.64 (20 years) • Street Reconstruction Program 1,000,000 87,000 3.64 (80% of 4 mile annual program) (20 years) • Street Assessment Stabilization 0 110,000 4.60 Program (indefinite) * Park Improvements 3,000,000 261,000 10.92 • Humboldt Improvement 200,000 28,000 1.17 (10 years) • Brooklyn Boulevard ? ? ? *Annual property tax increase for typical $73,000 Brooklyn Center home $50,000 LEVY INCREASE IMPACT PROJECTED TYPE VALUE PAY 1994 ANNUAL INCREASE Typical Residential Homestead $73,000 $204.94 $2.08 Mid -Level Residential Homestead $99,500 $351.73 $3.58 Upper Value Residential Homestead $153,000 $648.06 $6.59 "Typical Residential Non - Homestead $73,000 $465.00 $4.73 Average Apartment Unit $22,500 $211.87 $2.15 Average Commercial $1,470,000 $18,284.24 $185.85 Large Commercial $55,000,000 $700,683.50 $7,121.95 2/22/94 CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 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 IMPROVENIENTS 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 utters and driveway p g d e ay 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 1986ALL,UIEP1CACfi' r Y part of the roadway improvement, and Option 2 which, along with the 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 Aid rules require for the provision of on- street parking along one side, it would be possible to fund the roadway project costs by a combination of Regular and Local State Aid funds. The provision of on- street parking with the design width of 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 benefittin properties, then a portion of or all of the project g gP P P P J 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 l 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 TREET 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. 0 * 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. :/ ♦ � / AM '111 1 ! �■ :� ■■ ■■■■■� ■■■■� ■■ ■■ � ' �■ ■■ 1111 111111 oi Muni m ■■ ■■■ ■■■ ■i ; �'1 11■ ■�■ ; �r �j PRIME IVA ■� ■■ UNIONS ■ s �■1■1��1 ■r ME :,. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SELECTING PERMANENT IMPROVEMENT OPTIONS FOR HUMBOLDT AVENUE NORTH AND CALLING FOR A PUBLIC HEARING WHEREAS, the Brooklyn Center City Council has previously initiated a process for the consideration of street and utility improvements on Humboldt Avenue North; and WHEREAS, the City ouncil has received preliminary reports, analysis Y P Y P � Y and citizen input regarding several basic options for improvements on Humboldt Avenue North, between 65th and 73rd Avenues North; and WHEREAS, it is the desire of the City Council to further pursue and develop a program for permanent improvements to be constructed in 1994, which includes the consideration of special assessments pursuant to Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The feasibility report as prepared by the City Engineer, for the following improvements, is received and accepted: - The reconstruction of Humboldt Avenue between 69th and 73rd Avenues at a width of 30 ft., to a curvilinear alignment, with parking. - The installation of new street lights, landscaping, and underground electrical utilities. 2. The City of Brooklyn Park is hereby requested to consider traffic control measures which discourage the use of Humboldt Avenue as a bypass. 3. Mn /DOT and the City of Brooklyn Park are hereby requested to implement some form of changes to T.H. 252 /Humboldt Avenue intersection. 4. Mn /DOT is hereby requested to investigate and implement short and long -term improvements to T.H. 252. 5. Mn /DOT is hereby requested to investigate possible changes to the Humboldt Avenue /T.H. 100 /I -694 interchange. 6. Mn /DOT and the City of Brooklyn Park are requested to create a special task force which will evaluate studies and conduct public 0 meetings as necessary to develop a comprehensive transportation plan for the area which influences the traffic issues on Humboldt Avenue. RESOLUTION NO. 7. The Council will - consider Improvement Project No. 1994-05 in accordance with the report, and the assessment of benefited properties for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429, at an estimated total cost of the improvement of $ 8. A public hearing shall be held on the proposed improvement on the 28th day of March, 1994 in the Council Chambers at 8:00 p.m. local time and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SELECTING PERMANENT IMPROVEMENT OPTIONS FOR HUMBOLDT AVENUE NORTH WHEREAS, the Brooklyn Center City Council has previously initiated a process for the consideration of street and utility improvements on Humboldt Avenue North; and WHEREAS, the City Council has received preliminary reports, analysis and citizen input regarding several basic options for improvements on Humboldt Avenue North, between 65th and 73rd Avenues North; and WHEREAS, the City Council has determined that it will no longer consider special assessments for these improvements pursuant to Minnesota Statutes Chapter 429; and WHEREAS, it is the desire of the City Council to further pursue and develop a program for permanent improvements to be constructed in 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer is hereby directed to prepare plans and specifications for the following improvements: - The reconstruction of Humboldt Avenue between 69th and 73rd Avenues at a width of 30 feet, to a State Aid standard. - The installation of new street lights, landscaping, and underground electrical utilities. 2. The City of Brooklyn Park is hereby requested to consider traffic control measures which discourage the use of Humboldt Avenue as a bypass. 3. Mn /DOT and the City of Brooklyn Park are hereby requested to implement some form of changes to T.H. 252 /Humboldt Avenue intersection. 4. Mn /DOT is hereby requested to investigate and implement short and long -term improvements to T.H. 252. 5. Mn /DOT is hereby requested to investigate possible changes to the Humboldt Avenue T.H. 100/1-694 interchange. 6. Mn /DOT and the City of Brooklyn Park are requested to create a special task force which will evaluate studies and conduct public meetings as necessary to develop a comprehensive transportation plan for the area which influences the traffic issues on Humboldt Avenue. Resolution No. I s Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SELECTING INTERIM IMPROVEMENT AND STUDY OPTIONS FOR HUMBOLDT AVENUE NORTH WHEREAS, the Brooklyn Center City Council has previously initiated a process for the construction of street and utility improvements on Humboldt Avenue North; and WHEREAS, the City Council has received preliminary reports, analysis and citizen input regarding several basic options for improvements on Humboldt Avenue North, between 65th and 73rd Avenues North; and WHEREAS, it is the desire of the City Council to further pursue and develop a program for interim improvements to be implemented in 1994. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Engineer is hereby directed to prepare plans and specifications for the following improvement: - A bituminous overlay on Humboldt Avenue North between 69th and 73rd Avenues North. 2. City staff is ordered to monitor possible detouring of traffic to other streets in the neighborhood, and implement "neighborhood traffic control measures" on an as- needed basis. 3. The City of Brooklyn Park is hereby requested to consider traffic control measures on their street system. 4. Mn /DOT is hereby requested to study and make changes in its highway system which will reduce bypass problems and other identified problems. 5. Mn /DOT and the City of Brooklyn Park are hereby requested to create a special task force which will evaluate studies and conduct public meetings as necessary to develop a comprehensive transportation plan for the area which influences the traffic issues on Humboldt Avenue North. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date February 28, 1994 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE DRUG FORFEITURE FUND FOR THE PURCHASE OF POLICE DEPARTMENT ITEMS REQUESTED DEPT. APPROVAL: Trevor A. Hampton, Chief of Police MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached no) The police department currently has a balance of $35,898.57 in the drug forfeiture account. The Police Department's Forfeiture Committee met and made the following recommendations for use of the monies available. The Chief concurs with the committee's recommendations. ■ Remington Shotguns (12) [Budget Cut 1994] - Many of the police department's shotguns are over 20 years old. These Ithaca shotguns have already been refurbished once. The requested amount subtracts trade -in money that would be received from the old shotguns. $2,270.00 [$2 ,670.00 less trade in @ $50 .00 each x 8 = $400] (Object 4271- Minor Equipment) ■ Stinger Flashlights (35) - This flashlight is approximately 1/3 the size of the current issued flashlight with comparable candle power. A flashlight provides a high degree of safety for officers in low and no light situations. $3,520.80 (Object 4224 - Clothing and Personal Equipment) ■ Wind Breakers for Investigators (8) - The wind breakers would clearly identify police investigations at crime scenes and when working with officers from outside agencies. The high visibility lettering on the jackets would eliminate misidentification as suspects or citizens. $300.00 (Object 4224 - Clothing and Personal Equipment) ■ Reversible Rain Coats for Sworn Officers (35) - The police department currently issues a light weight, blaze orange, rain coat. This type of rain coat is suitable at accident scenes, but is highly undesirable at high risk calls where officer f i g y g e o c safety s a concern (e.g. alarm calls). The reversible allows the officer to turn the coat either to blaze orange or black, depending upon the type of call the officer is responding to. $2,900.00 Object 4224 - Clothing and Personal Equipment) ( J g ■ Winter Parkas for Sworn Officers (25) - The police department issues a standard weight winter jacket to officers which is not designed for extended outdoor wear in extreme temperatures. The parkas requested are ordered large enough to wear over winter jackets so that officers may stay outdoors for an extended period of time without physical discomfort (e.g. traffic accidents below 0 degrees). $5,300.00 (Object 4224 - Clothing and Personal Equipment) ■ Upgrade Mobile Phones (2) - All police department fleet vehicles have access to a mobile phone whether they are installed or portable. A trade -in rebate is obtained by upgrading two (2) older models of mobile phones and the police department would purchase new phones at a lower cost. These phones would also then have new warranties, which is desirable. $300.00 (Object 4271 - Minor Equipment) ■ Camcorder (1) u ) [ dget Cut 1994 ] P -The camcorder would be used to video tape crime scenes and disturbances in order to gather evidence that would be used in prosecution. It could also be used to tape training sessions to be viewed by officers unable to attend the scheduled training. $852.00 (Object 4271 - Minor Equipment) ■ Electronic Flash (1) [Budget Cut 1994] - Flash unit would replace 15 year old unit that is experiencing frequent failures. $287.00 (Object 4271 - Minor Equipment) ■ Sekonic Light Meter (1) [Budget Cut 1994] - A sekonic light meter would be used to check exposures for crime scene photography under low or no light conditions. $217.00 (Object 4271 - Minor Equipment) ■ Document Feeder for Richo 4418 Copier (1) [Budget Cut 1994] - The police department purchased a Richo 4418 photo copier in 1993. This copier has the potential of adding on features to make the machine more efficient. The requested document feeder would assist in making copies at a much faster pace, reducing the time spent by the employee copying material. $1,425.00 (Object 4551 - Office Furnishings and Equipment) • ■ Computer Software for State of Minnesota Accident Report - The State of Minnesota requires the completion of a detailed form regarding any traffic accident that requires police attention. This form is currently typed on a typewriter. Having this form computerized would allow for a more efficient way of completion. $1,500.00 (Object 4551 - Office Furnishings and Equipment) The police department is requesting the transfer of $18,871.80 to the appropriate object numbers for the purchase of the items listed above. The remaining balance of the drug forfeiture fund would be $17,026.77. The City Council approved $40,000 in the 1994 Police Department Budget for the Photo Imaging Booking Workstation. The workstation being established in Brooklyn Center is not scheduled until the summer or fall of 1994. This money could be used to fund the remainder of this Project. RECOMMENDED CITY COUNCIL ACTION Authorize the transfer of funds from the drug forfeiture fund for the purchase of police department items requested. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE DRUG FORFEITURE FUND FOR THE PURCHASE OF POLICE DEPARTMENT ITEMS REQUESTED WHEREAS, 70% of the sale of property from drug forfeiture funds is to be used by the Brooklyn Center Police Department as a supplement to its operating fund for use in law enforcement; and WHEREAS, the drug forfeiture account has a current balance of $35,898.57; and WHEREAS, the Police Department Forfeiture Committee and the Chief of Police have recommended the purchase of the following items; Remington Shotguns (12), Stinger Flashlights (35), Wind Breakers for Investigators (8), Reversible Rain Coats for Sworn Officers (35), Winter Parkas for Sworn Officers (25), Upgrade Mobile Phones (2), Camcorder (1), Electronic Flash (1), Sekonic Light Meter (1) , Document Feeder for Richo 4418 Copier (1) , and Computer Software for State of Minnesota Accident Report; and WHEREAS, the police department is requesting a transfer of $18,871.80 for items listed above; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Mayor and City Manager hereby amend the 1993 General Fund Budget transferring funds from the drug forfeiture account to increase the following; Object 4271 - Minor Equipment - $3,926.00 Remington Shotguns (12) - $2,270.00 Upgrade Mobile Phones (2) - $300.00 Camcorder (1) - $852.00 Electronic Flash - $287.00 Sekonic Light Meter - $217.00 Object 4224 - Clothing and Personal Equipment - $12,020.80 Stinger Flashlights (35) - $3,520.80 Wind Breakers for Investigators (8) - $300.00 Reversible Rain Coats for Sworn Officers (35) - $2,900.00 Winter Parkas for Sworn Officers (25) - $5,300.00 Object 4551 - Office Furnishings and Equipment - $2,925.00 Document Feeder for Richo 4418 Copier - $1,425.00 Computer Software for State of Minnesota Accident Report $1,500.00 Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member ' and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Merging Date rebmary ?a. 1494 Agenda Item Number //b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) ONE - HALF -TON PICKUPS DEPT. APPROVAL: Karla K. Wickre, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: e? No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) An appropriation of $34,000 was approved in the 1994 central garage internal service fund budget for the utility department for the purchase of two pickups. The City of Brooklyn Center may purchase these pickups from Thane Hawkins Polar Chevrolet through the Hennepin County Cooperative Purchasing Program. The cost of the two one - half -ton pickups is $21,079. This includes the contract price of $19,792 plus excise taxes of $1,287. The following items are also needed for the pickups: two tool boxes purchased from Road Machinery at a cost of $1,704; two bedliners from Twin City Bedliner at $437; two roto -beams from Municilite at $480; one radio from Motorola at $620; and one emissions service manual from Thane Hawkins Polar Chevrolet at $128. The total cost of the two pickups with the additional accessories is $24,448. RECOMMENDED CITY COUNCIL ACTION Approval of Resolution Authorizing the Purchase of Two (2) One - Half -Ton Pickups. Member introduced the following resolution and 0 moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2) ONE - HALF -TON PICKUPS WHEREAS, an appropriation of $34,000 was approved in the central garage internal service fund for the utility department for two (2) one - half -ton pickups; and WHEREAS, it is possible for the City of Brooklyn Center to participate in a Hennepin County Cooperative Purchasing Program contract to purchase the two one -half- ton pickups; and WHEREAS, the Hennepin County contract was awarded to Thane Hawkins Polar Chevrolet; and WHEREAS additional equipment is needed to equip these pickups at a �s 1 P P P cost of $3,369. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of two (2) one -half -ton pickups through the Hennepin County Cooperative Purchasing Program from Thane Hawkins Polar Chevrolet and the purchase of additional accessories to equip these pickups for a total cost of $24,448 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date February 28, 1994 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) SIDEWALK SNOWPLOW WITH SNOW BLOWER DEPT. APPROVAL: Karla K. Wickre, Deputy City Clerk MANAGERS REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • An appropriation was approved in the 1994 central garage internal service fund budget for the street department to purchase one sidewalk snowplow with snow blower. On February 7, 1994, the City Council approved specifications and authorized advertisement for bids for one sidewalk snowplow with snow blower. Two bids were received on February 23, 1994. 1 recommend acceptance of the bid from Mac Queen Equipment Inc., in the amount of $46,545. RECOMMENDED CITY COUNCIL ACTION Approval of Resolution Accepting Bid and PP P g Authorizing the Purchase of One (1) Sidewalk Snowplow with Snow Blower. • /lam Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) SIDEWALK SNOWPLOW WITH SNOW BLOWER WHEREAS, an appropriation was approved in the 1994 budget for the purchase of One (1) Sidewalk Snowplow with Snow Blower; and WHEREAS, $47,930 was originally appropriated for the purchase of One (1) Sidewalk Snowplow with Snow Blower; and WHEREAS, two bids were received as follows: Company, Bid Mac Queen Equipment Inc. $46,545 Aspen Equipment Company $52,899 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) Sidewalk Snowplow with Snow Blower from Mac Queen Equipment Inc., in the amount of $46,545 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Mccting Date February 28, 1994 Agenda [tent Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) WATER TANKER AND FLUSHER DEPT. APPROVAL: Karla K. Wickre, Deputy City Clerk MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) An appropriation of $78,810 was approved in the 1994 central garage internal service fund budget for the arks department to purchase one 1 water tanker and flusher. On February 7 1994 the P P P () rY City Council approved specifications and authorized advertisement for bids for one (1) water tanker and flusher. Two bids were received on February 23, 1994. 1 recommend acceptance of the bid from Sweeney Brothers Tractor Inc., in the amount of $76,521. RECOMMENDED CITY COUNCIL ACTION Approval of Resolution Accepting Bid and Authorizing the Purchase of One (1) Water Tanker and Flusher. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND AUTHORIZING THE PURCHASE OF ONE (1) WATER TANKER AND FLUSHER WHEREAS, an appropriation was approved in the 1994 budget for the purchase of One (1) Water Tanker and Flusher; and WHEREAS, $78,810 was originally appropriated for the purchase of the Water Tanker and Flusher; and WHEREAS, two bids were received as follows: Company Bid Sweeney Brothers Tractor Inc. $76,521 Ruffridge- Johnson Equipment Co., Inc. $81,930 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) Water Tanker and Flusher from Sweeney Brothers Tractor Inc., in the amount of $76,521 is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the followin; voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 2/28/94 Agenda Item Number //, REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO HAZARDOUS SUBSTANCE REMOVAL AND INDOOR AIR QUALITY EVALUATION, CENTRAL GARAGE IMPROVEMENT PROJECT NO. 1993 -19 DEPT. APPROVAL: lane Spector, Public_Jorks Coordinator MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • Attached is a memo from Mr. Sy Knapp, formerly the City's Director of Public Works and now acting.in an advisory capacity on the Central Garage Improvement Project No. 1993 -19, regarding specialized professional services for the project. As outlined in the memo, at the time the project was approved, it was noted that there were two areas where these professional services would be necessary: hazardous substance removal and the indoor air quality evaluation and commissioning. The cost estimate approved by the Council for this project included an allowance for those services. It is Mr. Knapp's recommendation that given the considerable and intimate knowledge of the Central Garage's HVAC systems gained by Environmental Process, Incorporated (EPI) during the conduct of the air quality study at this facility, it would be most time and cost effective for the City to contract with EPI for these professional services. While the services to be provided are very specialized work, there are other firms which are capable of providing these services. However, it is certain that those firms would require considerably more time to "come up to speed" in these areas, resulting in a higher cost to the City, and would require the dedication of considerable additional staff time, most of which would duplicate staff time already spent with EPI. It is on this basis that staff concurs with Mr. Knapp's recommendation that no additional proposals be secured. RECOMMENDED CITY COUNCIL ACTION The proposals from EPI do not exceed the allowance in the "budget" for the project for these services. Staff recommends acceptance of the two proposals. ARCHITECTS ENGINEERS PLANNERS 6 -00 France Avenue South, Suite 00 3linnenpu(is. :llinnesottr 55y3> (61 3) 930 -4666 February 22, 1994 FAX (6 13) 920-0 1 - 3 Mr. G. G. Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Professional Services Contract for Hazardous Substance Removal and Indoor Air Quality Evaluation Central Garage Improvement Brooklyn Center Project No. 1993 -19 Dear Mr. Splinter: On November 8, 1993, the Brooklyn Center City Council approved a contract with Mjorud Architecture to develop architectural and engineering plans and specifications for the construction of improvements to the Central Garage. In the staff memo which recommended that action and summarized project costs the following two items were included: Item No. Item Estimated Cost 1. Asbestos /PCB /Fluorescent light abatement under a separate contract $15,000 2. Indoor Air Quality testing (to be required in the general construction contract) at a cost of $7,200 Since that time I have reviewed these two items in more detail with Mjorud Architecture. On the basis of our discussions it is our opinion that a different approach be taken to dealing with these issues, i.e.: Re: Item No. I Asbestos /PCB /Fluorescent light abatement we recommend a two -phase approach, i.e.: Phase I hire a specialty firm to prepare plans and specifications, project supervision and quality assurance. Phase I1 receive proposals for the actual work. We believe the total costs for this work will not exceed the $15,000 estimated in the 11/18/93 memo, The H T Compan ies OFFICES 1.\Ti.,1 \''1 :A, UA. BAION ROLL -IL. Lk_ li()»II NI \:t ii.\! 1 ?,N.'z _.� (",. I -OH )',):..1: D1 JLN1 cR. c:()k \R::Fi:J. HARTFoR , c_`: HI�C'�T�)N. T \, INDLVIAI'C 1..., k \; IR \'[ \F (.A; ^A`. \A' 1 1 ill \\�I'. r, ��i .. _._ I '� \;I.I.I: �. ... ^.I;_ [I . ... S'1 N.Ai,H\ i I LE. TN, \F 1 ", M. 0KI.AHONI4 M. '0K, URLk \[)U. I'l 0 F._\ \F, ' I:`. � \ .K `.. `I, n, \��.'i:. \ n t..L \\ ) _ ;. 7k . 1 - �F I:F]I P.� k ^.. I.A. : -�•, \XICII"`V K_. `X 11 WNGTON. DF_ r � Re: Item No. 2 Indoor Air Quality (IAQ) Testing we recommend that the City now execute a separate contract with a specialty firm to provide services including: (1) design recommendations to the City's architect and engineer regarding IAQ requirements; (2) Evaluation of the construction plans and specifications to assure the ability of the specified system(s) to meet IAQ requirements; and (3) Testing and commissioning of the completed HVAC system to assure the completed project meets IAQ requirements. Recommendation To Accept Proposals From EPI, Inc. Environmental Process Inc. (EPI Inc.) is the firm which conducted the air quality studies which identified and documented the serious air quality problems which exist at this facility. Because of their expertise and intimate knowledge of the needs at this facility, we believe the City would be best served by contracting directly with EPI Inc. for both of the items described above. Accordingly, I have requested EPI Inc. to submit separate proposals for those items. Copies of their proposals are attached. On the basis of those ro ooals, the City's costs would be as P P tY follows: Item No. Item Estimated Costs 1. Asbestos /PCB /Fluorescent light abatement EPI contract = $ 4,800 Removal contract = $10,200 $15,000 2. IAQ Testing EPI contract $4,650 + $ 2,500 $7,150 Summary All of the costs relating to the services currently proposed were included in the 11/08/93 memo, and are included in the current estimate of total project costs ($1,375,000). The only change is in the "method of delivery" of these services. I believe the acceptance of EPI's proposals will provide the City with the most cost - effective method of assuring the project will meet two of the primary goals of the improvement— i.e.— hazardous substance abatement and compliance with air quality standards. Accordingly, I recommend acceptance of those proposals. Sy Knapp, Cfdef Municipal Engineer HNTB c: Dick Beckman, HNTB Al Mjorud ENVIRONMENTAL PROCESS, INCORPORATED 1220 Glenwood Avenue, Minneapolis, Minnesota 55405 - 612 - 377 -8316 • Fax 612 - 377 -4984 ePL January 11, 1994 Mr. Sy Knapp City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Subject: Asbestos Abatement/PCB /Fluorescent Lights Project Design (Plans & Specifications), Management, and Air Monitoring Brooklyn Center Street Garage 6844 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Mr. Knapp 1.0 RODUCTION Environmental Process, Inc., (EPI), is pleased to respond to your request to provide a proposal for professional services for the required asbestos, PCB, fluorescent light abatement design, management and on site air monitoring to prepare for the mechanical system update and Energy Conservation Measures. 2.0 SCOPE OF WORK The scope of work includes preparing certified plans and specifications for asbestos abatement, PCB and fluorescent light plans requirements, project management, on- site airmonitoring, and Quality Assurance (QA) services. 2.1 Schein tic Design Development Observe work site, review and determine with Owner ACM removal schedule. Time schedule, insurances, bonds, phasing requirements, submittals /samples, security needs, containment areas, engineering controls, etc., will be reviewed. 2.2 Prenaratic,n of Registered Plans and Specifications Develop bidding contract documents, setting time frame, bidder qualifications, liquidated damages, project schedules, waste disposal, personnel safety procedures and guidelines, project procedures, air monitoring, final clearance, and Quality Assurance expectations. 2.3 Pro.. I Management Conduct prebid /preconstruction/Quality Assurance /and final clearance observations (including preparation of punch list and /or final acceptance report). Included is Mr. Sy Knapp January 11, 1994 Page 2 0 dispensing bid documents to prospective bidders, addenda, change orders, interpreting of contract documents, and recommendation of contractor. A final report per asbestos and PCB regulations will be assembled and submitted. Project manager will review and approve all payment requests. 2 Quality Assurance/ Quality ality Control A Quality Control (QC) supervisor will be assigned to the project to make the final clean determination. This QC supervisor will conduct a visual examination of the asbestos abatement area immediately before encapsulation at the time of critical barrier removal to confirm that all ACM is removed from the area. Suspicious debris will be considered ACM unless analytical results prove otherwise. PCB removal and disposal will be monitored for proper methods and procedures. 3.0 ON -SITE AIR MONITORING 3.1 Hygiene Services On -site hygiene services during abatement will include asbestos air sample analysis and quality ualit control visual observations. 3.2 Field Services A field technician will be under the direct supervision of Senior Project Manager who is either a Minnesota Licensed Asbestos Designer, Minnesota Licensed Asbestos Inspector, Licensed Management Planner, Industrial Hygienist or Certified Industrial Hygienist. The technician will be available by pager for 24 hour per day communication purposes. The field technician will be provided with NIOSH 582 or equal approved training and will provide and meet all respiratory protection requirements. 3.3 Technician Responsibilities The field technician duties will include several functions on a daily basis: a. Maintain a Daily Loa 1. Enforce plans and specifications. 2. Document crew sizes - proper license workers /supervisors. 3. Document daily work activities (problems /solutions /etc. 4. Review contractor engineering controls. 5. Identify locations, collect and analyze air samples. 6. Review safety worker protection requirements. 7. Verify and assure security, safety, and QA standards. 8. Containment procedures and approvals. 9. Contract document deviations, change and rationale for changes. 10. Continued field observations for project duration. Mr. Sy Knapp January 11, 1994 Page 3 b. Maintain Air Monitoring Equipment and Date ncluding 1. Equipment specific usages. 2. Air pump calibration records. 3. Air sample durations. 4. Field sample analysis data. 5. Fiber counts representing preliminary, setup, during removal and final clearance activities. 3.4 Final Rem Final air monitoring report will be prepared including copies of required selected contractor submittals, description of asbestos, PCB and fluorescent lights removed, report to comply with the Asbestos Hazardous Emergency Response Act (AHERA) and PCB, fluorescent light requirements. 4.0 PROFESSIONALSERVICES 4.1 PrQject Sum _ ary This project is to be completed on a Time and Material basis. The applicable 1994 fee Schedule is below. EPI's not to exceed estimate for professional fees is $4,800.00 for the asbestos, PCB, fluorescent light abatement design, project management, field observations and on -site air monitoring services.._ 4.2 Professional Fee Schedule Hourly Rates Licensed Principal Architect $36.50 Licensed Project Architect 35.50 Licensed Professional Engineer 35.50 Indoor Air Quality Diagnostician 35.50 Senior Project Manager /Code Specialist 35.50 Senior Project Manager- Asbestos Designer /Inspector /Manager 35.50 Mechanical Engineer 25.50 Architect 22.50 Electrical - Engineer 22.50 Structural Engineer 22.50 Industrial Hygienist 20.00 Mechanical Draftsperson 17.30 Environmental Technician 16.00 Electrical CAD Operator 16.00 Architectural/CAD Operator 16.00 Architectural Draftsperson 12.50 Word Processor /Clerical 12.50 Note: Billing rates are the rates stated above plus 1.5 times hourly rates. Mr. Sy Knapp January 11, 1994 Page 4 Legal Deposition (Flat hourly fee) - Work -up 100.00 Deposition 125.00 - Trial 150.00 4.3 Analytical Expenses Visual Air Flow Patterns 10.00 /tube Carbon Monoxide (Continuous) (If cold weather) 525.00 /week CAD $ 32.50/hour Asbestos Bulk Sample 20.00/sample p Asbestos Air Samples (PCM) 18.00 /sample 4.4 Other Expenses Mileage 0.28 /mile All Others at actual cost Unforseen conditions or problems encountered during this phase of work which were not included in this proposal that require additional tests or fees will be approved by the City of Brooklyn Center prior to proceeding. 5. 0 ACCEPTAN Please indicate your acceptance of this fee proposal by endorsing both copies of the Contract, Owner /Architect AIA Document B727 Standard Form of Agreement Between Owner and Architect and returning one executed copy. If you should have any questions or need additional information, please feel free to contact either of the undersigned at (612) 377 -8316. We look forward to assisting you with this project. Sincerely ENVIRONME L- C. chael Berreau, CCI Charles A. Lane, AIA, P.E. Vice President Vice president Asbestos Certified Designer - #ACS -39 CertifiedAsbestoslnspector - #BI -189 AHERA Certified Designer- #PD -B2 Certified Asbestos Management Planner #MP -159 MB:ds T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S �I AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS LVIPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Eleventh day of January in the year of Nineteen Hundred and Ninety -four. BETWEEN the Owner: City of Brooklyn Center (Aanie and address) 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 and the Architect: Environmental Process, Inc. (Nante and address) 1220 Glenwood Avenue Minneapolis, Minnesota 55405 For the following Project: (Include detailed description of Project, location, address and scope.) Brooklyn Center City Garage 6844 Shingle Creek Parkway Brooklyn. Center, Minnesota 55430 The scope of services are limited to professional services for asbestos abatement design, management and on site air - monitoring as per proposal, which is attached and is a part of this Contract. The Owner and the Architect agree as set forth below. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B727 • OWNER - ARCHITECT AGREEMENT • 1988 EDITION • AIA • 101988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 6727 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicable, as provided in Article 8.) Environmental Process, Inc., (EPI), shall provide tasks as stated by Environmental Process, Inc., outlined in the January 11, 1994, proposal which was addressed to Mr. Sy Knapp, Director of Public Works, a copy of which is attached and is a part of this Contract. EPI contracts on a time - and - material basis; however, the scope of services as outlined in the January 11, 1994, attached proposal shall not exceed $4,800.00 for professional fees and testing. AIA DOCUMENT B727 OWNER :ARCHITECT AGREEMENT 1988 EDITION • AI 1 • 5A988 • THE B727 AMERICAN INSTITI TE OF ARCHITECTS, I'35 NEW YORK A� ENI E. N' W , %XASHINGTON, DC. 20o06 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 matter in question not described in the written consent or with a person or entity not named or described therein. The OWNER'S RESPONSIBILITIES foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to 2.1 The Owner shall provide full information regarding by the parties to this Agreement shall be specifically enforce - requirements for the Project. The Owner shall furnish able in accordance with applicable law in any court having required information as expeditiously as necessary for the jurisdiction thereof orderly progress of the Work, and the Architect shall be enti- 4.4 The award rendered by the arbitrator or arbitrators shall tled to rely on the accuracy and completeness thereof. be final, and judgment may be entered upon it in accordance 2.2 The Owner shall designate a representative authorized with applicable law in any court having jurisdiction thereof. to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render deci- ARTICLE 5 sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the TERMINATION OR SUSPENSION orderly and sequential progress of the Architect's services. 5.1 This Agreement may be terminated by either party upon ARTICLE 3 not less than seven days' written notice should the other party USE OF ARCHITECT'S DOCUMENTS fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 3.1 The documents prepared by the Architect for this Proj- ect are instruments of the Architect's service for use solely 5.2 If the Owner fails to make payment when due the Archi- with respect to this Project and, unless otherwise provided, tect for services and expenses, the Architect may, upon seven the Architect shall be deemed the author of these documents days' written notice to the Owner, suspend performance of and shall retain all common law, statutory and other reserved services under this Agreement. finless payment in full is rights, including the copyright. The Owner shall be permit- received by the Architect within seven days of the date of the ted to retain copies, including reproducible copies, of the notice, the suspension shall take effect without further notice. Architect's documents for the Owner's information, reference In the event of a suspension of services, the Architect shall and use in connection with the Project. The Architect's docu- have no liability to the Owner for delay or damage caused ments shall not be used by the Owner or others on other proj- the Owner because of such suspension of services. ects, for additions to this Project or for completion of this 5.3 In the event of termination not the fault of the Architect, Project by others, unless the Architect is adjudged to be in the Architect shall be compensated for services performed default under this Agreement, except by agreement in writing prior to termination, together with Reimbursable Expenses and with appropriate compensation to the Architect. then due and all Termination Expenses as defined in Paragraph 5.4. ARTICLE 4 5.4 Termination Expenses shall be computed as a percentage ARBITRATION of the compensation earned to the time of termination, as follows: 4.1 Claims, disputes or other matters in question between the 1 For services provided on the basis of a multiple of parties to this Agreement arising out of or relating to this Direct Personnel Expense, 20 percent of the total Agreement or breach thereof shall be subject to and decided Direct Personnel Expense incurred to the time of ter - bv arbitration in accordance with the Construction Industry mination; and Arbitration Rules of the American Arbitration Association cur- ,2 For services provided on the basis of a stipulated sum, rently in effect unless the parties mutually agree otherwise. 10 percent of the stipulated sum earned to the time 4.2 A demand for arbitration shall be made within a reason- of termination. able time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be ARTICLE 6 made after the date when institution of legal or equitable pro ceedings based on such claim, dispute or other matter in ques MISCELLANEOUS PROVISIONS tion would be barred be the applicable statutes of limitations. 6.1 Unless otherwise provided, this Agreement shall be gov- 4.3 No arbitration arising out of or relating to this Agreement erned b the law of the principal place of business of the shall include, by consolidation, joinder or in anv other man- Architect. ner, an additional person or entity not a party to this Agree- ment, except by written consent containing a specific refer- 6.2 Causes of action between the parties to this Agreement ence to this Agreement signed by the Owner, Architect and pertaining to acts or failures to act shall be deemed to have any other person or entity sought to be joined. Consent to accrued and the applicable statute of limitations shall corn- arbitration involving an additional person or entity shall not mence to run not later than the date payment is due the Archi- constitute consent to arbitration of any claim, dispute or other tect pursuant to Paragraph 8.4. AIA DOCUMENT B727 • OWNER-ARCHITECT AGREEMENT • 1988 EDITION • AIA� • „1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1 735 \EW YORK AVENUE, N.%X'., WASHINGTON. D.C. 20006 B727 -1988 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 6.3 The Owner and Architect, respectively, bind themselves, tect and Architect's employees and consultants in the interest their partners, successors, assigns and legal representatives to of the Project for: the other party to this Agreement and to the partners, suc- ,1 expense of transportation and living expenses in con - cessors, assigns and legal representatives of such other party nection with out -of -town travel authorized by the with respect to all covenants of this Agreement. Neither Owner; Owner nor Architect shall assign this Agreement without the ,2 long - distance communications; written consent of the other. .3 fees paid for securing approval of authorities hav- 6A This Agreement represents the entire and integrated agree- ing jurisdiction over the Project; ment between the Owner and Architect and supersedes all ,4 reproductions; prior negotiations, representations or agreements, either writ- ,5 postage and handling of documents; ten or oral. This s A Bement ma amended onl b writ - g y y y .6 expense of overtime work requiring higher than ten instrument signed by both Owner and Architect. regular rates, if authorized by the Owner; 6.5 Nothing contained in this Agreement shall create a con- .7 renderings and models requested by the Owner; tractual relationship with or a cause of action in favor of a .8 expense of additional coverage or limits, including third party against either the Owner or Architect. professional liability insurance, requested by the 6.6 Unless otherwise provided in this Agreement, the Archi- Owner in excess of that normally carried by the tect and Architect's consultant s shall have no responsibility Architect and the Architect's consultants; and for the discovery, presence, handling, removal or disposal of .9 Expense of computer -aided design and drafting P g g or exposure of persons to hazardous materials in any form equipment time when used in connection with the at the Project site, including but not limited to asbestos, Project. asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presen- 7.1 DIRECT PERSONNEL EXPENSE tation of the Architect's statement of services rendered or as 7.1.1 Direct Personnel Expense is defined as the direct salaries otherwise provided in this Agreement. of the Architect's personnel engaged on the Project and the 7.3.2 An initial payment as set forth in Paragraph 8.1 is the portion of the cost of their mandatory and customary con- minimum payment under this Agreement. tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick 7,4 ARCHITECT'S ACCOUNTING RECORDS leave, holidays, vacations, pensions, and similar contributions and benefits. 7.4.1 Records of Reimbursable Expenses and expenses per - 7.2 REIMBURSABLE EXPENSES taining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or 7.2.1 Reimbursable Expenses are in addition to the Architect's the Owner's authorized representative at mutually convenient compensation and include expenses incurred by the Archi- times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF None Dollars (S —0— ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify the services to which particular methods of compensation apply, if necessary.) See attached proposal which is a part of this Contract. Billing invoices shall be submitted monthly for actual work performed and expenses incurred within the time period. AIA DOCUMENT B727 • OWNER IRCHITECT AGREEMENT • 1988 EDITION • AIA-t • '31988 • THE 4 67271988 AMERICAN INSTITUTE OF ARCHITECTS. 1 - 35 NE C' YORK AVENUE. N.W. WASHINGTON, D.C. 30006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Ex- penses,- 2-41"tip4e, -o€ at actual cost Of( -------- �fitnes -the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Interest shall be at 2% above prime rate based on quarterly percentage rate of Norwest Bank, Minneapolis, Minnesota. (Usury laws and requirements under the Federal 7)-uth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding other requirements such as written disclosures or waivers.) 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS Not Applicable. This Agreement entered into as of the day and year first written above. CITY OF BROOKLYN CENTER ENVIRONMENTAL PROCESS, INC. OWNER ARCHITECT r (Signature) (Sig ature) G. G. Splinter Todd Paulson City Manager Mayor , Michael Berreau, Vice President (Printed name and title) (Printed name and title) AIA DOCUMENT 8727 • OWNER ARCHITECT AGREEMENT • 1988 EDITION • AIM' • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D.C. 20006 8727 1988 5 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ENVIRONMENTAL PROCESS, INCORPORATED 1220 Glenwood Avenue, Minneapolis, Minnesota 55405 •612- 377 -8316 • Fax 612 - 377 -4984 ePL 0 January 20, 1994 Mr. Sy Knapp Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Brooklyn Center Garage Indoor Air Quality Evaluation HVAC Commissioning and Testing Dear Mr. Knapp Environmental Process,Inc., (EPI) is pleased to submit this proposal to verify and assure the indoor air quality compliance to minim code standards. Work will be performed for the Brooklyn Center Street Garage located at 6844 Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, in accordance with the following agreement and scope of work. AGREEMENT AND SCOPE OF WORK ENVIRONMENTAL PROCESS. INC AND CITY OF BROOKLYN CENTER. MINNESOTA The work described herein shall be performed by EPI professionals as required: indoor air quality diagnosticians, registered architect, registered professional engineer, industrial hygienist, and /or licensed building code expert. The purpose of this project task is to respond to assuring the indoor air quality design and installation, with respect to the heating, ventilating and air conditioning (HVAC) system, is operating in compliance with all applicable codes and regulations. I. EPI shall perform the tasks related to the indoor air quality assurance in the Brooklyn Center Garage. A. Preliminary meeting to review with Oftedal, Locke, Broadsten and Associates, Inc., (hereafter Engineer), and Mjorud Architects (hereafter Architect), schematic design and indoor air quality HVAC commissioning criteria. B. Work, review with, and provide input to Engineer and Architect for indoor air quality assurance and performance commissioning specification. Mr. Sy Knapp January 20, 1994 Page 2 C. Meet with City of Brooklyn Center to review indoor air quality recommendations and testing requirements. D. Conduct final plan/specification review of the HVAC/building with respect to indoor air quality. E. Conduct one (1) progress field observation of mechanical indoor air related systems; conduct and identify visual air flow patterns. F. Perform one (1) facility walk - through at time of HVAC post occupancy commissioning. (1) EPI shall visually survey the physical condition of existing HVAC equipment and review control system operational sequence and make appropriate recommendation prior to post commissioning. a) Visually identify potential indoor air contaminant sources 0 b) Qualitatively evaluate "ventilation effectiveness" using visual observations and air flow visualization techniques in representative areas of the building; to be completed after the system has been tested, adjusted and balanced (TAB). c) Verify designed minimum outdoor air flow rates in representative areas using appropriate criteria d) Review control strategies to achieve recommended criteria e Recommend modifications to building stems to and /or HVAC s ) b Y achieve recommended criteria f) Obtain objective air and /or microbiological data as necessary g) Evaluate the acceptability of the indoor air with applicable building codes, standards, and procedures; criteria provided by the American Society of Heating, Refrigerating, and Air - Conditioning Engineers, Inc. (ASHRAE) Standard 62 -1989, Ventilation for Acceptable Indoor Air Quality lity CommissiorLng of HVAC Systems the American Conference of Government Industrial Hygienists (ACGIH), the American Industrial Hygiene Mr. Sy Knapp January 20, 1994 Page 3 Association (AIHA), Occupational Safety and Health Administration (OSHA), the American Society of Testing and Materials (ASTM), and the State Uniform Building and Mechanical Codes. Recommended modifications to improve indoor air quality were also based on these criteria. G. Air Sampling - EPI will obtain a reading of Carbon Dioxide (CO) levels, prior to, during, and after the HVAC commissioning to assure equipment operation is properly performing. H. EPI will prepare a written report after completion of the testing which will include our results, analysis, and recommendations regarding the need of any additional testing. The report will include an Executive Summary; Procedures; Summary of Findings; Recommendations, if any; Evaluation Criteria. I. EPI will provide two (2) copies of the written report; one loose leaf and one bound. II. City of Brooklyn Center Responsibilities A. To facilitate the foregoing scope of work by EPI, the City of Brooklyn Center, Minnesota agrees to designate representatives to provide the communications and authorizations contemplated by this scope of work and to provide information and services as follows: 1. Provide remodeling building information including gross square footage, and approximate number of occupants. 2. Provide design construction documents of the architectural /mechanical drawings including the plumbing and the heating, ventilating, and air - conditioning (HVAC) systems and control strategies. 3. Provide access to all mechanical equipment including ladders to gain access above ceilings and roof as necessary. 4. Make available any other previous testing or related reports (except previous EPI reports). Mr. Sy Knapp January 20, 1994 Page 4 5. Meet with EPI personnel and Architect/Engineer for preliminary design, to discuss EPI's recommendations, and to review and authorize testing as described above. 6. Make available a person knowledgeable of the building (such as a building engineer) to be present for the initial start of the new HVAC survey and to operate mechanical equipment. Provide keys or escort to gain access to building locations necessary for the HVAC survey to be performed. III. Fee Schedule EPI will perform the services described herein on a time and materials basis. Applicable portions of the current 1993 fee schedule are listed herein. Estimates for analytical testing, equipment usage, etc. will be determined by EPI personnel. EPI will review testing cost, with the City of Brooklyn Center as part of the process for verifying the indoor air quality assurance testing as listed above. EPI estimates that the cost for the facility professional fees shall not exceed $4,650.00. The HVAC Commissioning and testing shall not exceed $2,500.00. (The testing is for a one time period after occupancy and use of the facility.) Contract documents should state from the Architect/Engineer that all retests are to be paid for by Contractor. Costs for additional meetings, testing and analysis will be provided by additional time and expense per fee schedule. Reimbursable expenses are in addition to the professional service and testing costs described above and shall be reimbursed as provided in Article 7.2.1 of AIA document B727 which is incorporated herewith and made a part hereof. PROFESSIONAL AND ANALYTICAL FEE SCHEDULE 1. Professional Fees Hourly Rate Licensed Principal Architect $ 33.50 Licensed Project Architect 32.50 Licensed Professional Engineer 32.50 Indoor Air Quality Diagnostician 32.50 Senior Project Manager /Code Specialist 32.50 Senior Project Manager- Asbestos Designer /Inspector /Manager 32.50 Mechanical Engineer 25.50 Mr. Sy Knapp January 20, 1994 Page 5 Architect 22.50 Electrical Engineer 22.50 Structural Engineer 22.50 Industrial Hygienist 20.00 Mechanical Draftsperson 17.30 Environmental Technician 16.00 Electrical CAD Operator 16.00 Architectural/CAD Operator 16.00 Architectural Draftsperson 12.50 Word Processor /Clerical 12.50 Note: Billing rates are the rates stated above plus 1.5 times hourly rates. Legal Deposition (Flat hourly fee) - Work -up 100.00 - Deposition- 125.00 - Trial 150.00 2. Anal i al xpe ses Tracer Gas Analysis (with equipment and supplies) $475 /site Visual Air Flow Tubes 12 /tube Elemental Analyst (PIXE) 250 /each Volatile Organic Compounds 150 /sample Particulate Sample 95 /sample 3. Eguipmen_ t Use Carbon Monoxide Sensor $100 /day Carbon Dioxide Sensor 80 /day Calorimetric Tubes 10 /tube Temperature /RH Recorder 100 /day Solomat Monitor 90 /day Air Pump - High Flow 40 /day - Low Flow 25 /day 4. Other Expenses Travel - Mileage @ 0.28 /mile Other expenses at actual cost Mr. Sy Knapp January 20, 1994 Page 6 IV. Standard of Care The report shall represent EPI's professional findings and actions that meet currently accepted and recognized architectural, engineering, minimum code, and industrial hygiene practices at this time and location. Other than this, no warranty is implied or intended. Because of the specialized expertise of the indoor air diagnostics, EPI cannot provide for corrective design continuity solution unless EPI continues from the diagnostic findings through the final corrective solution and installation. V. Time for Performance EPI will schedule to begin to perform the services as required within one or two weeks after contract acceptance. The time for performance of testing and reporting shall be mutually agreed upon in connection with the contractor, Architect Engineer, and City y authorization process. VI. Additional Terms of Contract The attached Standard Form of Agreement Between Owner and Architect is incorporated as part of the contract between EPI and the City of Brooklyn Center, Minnesota. Sincerely ENVIRONMENTAL PROCESS, INC. Charles A. Lane, AIA, P.E. Vice President T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the twentieth day of January in the year of Nineteen Hundred and Ninety -four BETWEEN the Owner: City of Brooklyn Center (,Vame and address) 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 and the Architect: Environmental Process, Inc. (Name and address) 1220 Glenwoos Avenue Minneapolis, Minnesota 55405 For the following Project: (Include detailed description of Project, Location, address and scope.) Brooklyn Center City Garage - HVAC System Commissioning and Testing 6844 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 The scope of services are limited to tasks identified in the January 20, 1994, proposal which is attached and is a part of this Contract. The Owner and the Architect agree as set forth below. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue, NW, Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8727 • OWNER,ARCHITECT AGREEMENT • 1988 EDITION • AIA • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 8727 -1988 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Arcbitect under the Terms and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicable, as provided in Article 8.) Environmental Process, Inc., (EPI) shall provide tasks as stated by Environmental Process, Inc., outlined in the January 20, 1994, proposal which was addressed to Mr. Sy Knapp, Director of Public Works, a copy of which is attached and is a part of this Contract. EPI contracts on a time - and - material basis; however, the scope of services as outlined in the aforementioned proposal shall not exceed $4,500.00 professional fees, and $2,700.00 in t4sting and analytical fees. The project will be completed by three separate parties. EPI will be responsible to perform only the items outlined on the attached proposal dated January 20, 1994. EPI is not responsible for Mjorud Architects or OLB Engineers, but only for the scope of services outlined in the proposal referred to above. AIA DOCUMENT B727 - OA'NERIRCHITECT AGREEMENT - 1988 EDITION - AIAT - ©1988 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B727 -1988 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 matter in question not described in the written consent or with a person or entity not named or described therein. The OWNER'S RESPONSIBILITIES foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to 2.1 The Owner shall provide full information regarding by the parties to this Agreement shall be specifically enforce - requirements for the Project. The Owner shall furnish able in accordance with applicable law in any court having required information as expeditiously as necessary for the jurisdiction thereof. orderly progress of the Work, and the Architect shall be enti- tled tc rely on the accuracy and completeness thereof. 4.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance 2.2 The Owner shall designate a representative authorized with applicable law in any court having jurisdiction thereof. to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render deci- sions in a timely manner pertaining to documents submitted ARTICLE 5 by the Architect in order to avoid unreasonable delay in the TERMINATION OR SUSPENSION orderly and sequential progress of the Architect's services. 5.1 This Agreement may be terminated by either party upon ARTICLE 3 not less than seven days' written notice should the other party USE OF ARCHITECT'S DOCUMENTS fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the 3.1 The documents prepared by the Architect for this Proj- termination. ect are instruments of the Architect's service for use solely 5.2 If the Owner fails to make payment when due the Archi- with respect to this Project and, unless otherwise provided, tect for services and expenses, the Architect may, upon seven the Architect shall be deemed the author of these documents days' written notice to the Owner, suspend performance of and shall retain all common law, statutory and other reserved services under this Agreement. Unless payment in full is rights, including the copyright. The Owner shall be permit- received by the Architect within seven days of the date of the ted to retain copies, including reproducible copies, of the notice, the suspension shall take effect without further notice. Architect's documents for the Owner's information, reference In the event of a suspension of services, the Architect shall and use in connection with the Project. The Architect's docu- have no liability to the Owner for delay or damage caused ments shall not be used by the Owner or others on other proj- the Owner because of such suspension of services. ects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in 5.3 In the event of termination not the fault of the Architect, default under this Agreement, except by agreement in writing the Architect shall be compensated for services performed and with appropriate compensation to the Architect. prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph ARTICLE 4 5.4. 5.4 Termination Expenses shall be computed as a percentage ARBITRATION of the compensation earned to the time of termination, as follows: 4.1 Claims, disputes or other matters in question between the ,1 For services provided on the basis of a multiple of parties to this Agreement arising out of or relating to this Direct Personnel Expense, 20 percent of the total Agreement or breach thereof shall be subject to and decided Direct Personnel Expense incurred to the time of ter - by arbitration in accordance with the Construction Industry mination; and Arbitration Rules of the American Arbitration Association cur rently in effect unless the parties mutually agree otherwise. 2 For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the time 4.2 A demand for arbitration shall be made within a reason- of termination. able time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be ARTICLE 6 made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in ques- MISCELLANEOUS PROVISIONS tion would be barred by the applicable statutes of limitations. 4.3 No arbitration arising out of or relating to this Agreement 6.1 Unless otherwise provided, this Agreement shall be gov- shall include, by consolidation, joinder or in any other man- erned by the law of the principal place of business of the ner, an additional person or entity not a party to this Agree- Architect. ment, except by written consent containing a specific refer- 6.2 Causes of action between the parties to this Agreement once to this Agreement signed by the Owner, Architect and pertaining to acts or failures to act shall be deemed to have A ftqny other person or entity sought to be joined. Consent to accrued and the applicable statute of limitations shall com- rbitration involving an additional person or entity shall not mence to run not later than the date payment is due the Archi- constitute consent to arbitration of any claim, dispute or other tect pursuant to Paragraph 8.4. AIA DOCUMENT B727 • OWNER ;ARCHITECT AGREEMENT • 1988 EDITION • AIAb • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 2000(; B727 -1988 3 WARNING: Uniictrrnsd photocopying violates U.S. copyright laws and is subject to legal prosecution. 6.3 The Owner and Architect, respectively, bind themselves, tect and Architect's employees and consultants in the interest their partners, successors, assigns and legal representatives to of the Project for: the other party to this Agreement and to the partners, suc- .1 expense of transportation and living expenses in con - cessors, assigns and legal representatives of such other party nection with out -of -town travel authorized by the with respect to all covenants of this Agreement. Neither Owner; Owner nor Architect shall assign this Agreement without the ,2 long - distance communications; written consent of the other. .3 fees paid for securing approval of authorities hav- 6.4 This Agreement represents the entire and integrated agree- ing jurisdiction over the Project; ment between the Owner and Architect and supersedes all .4 reproductions; prior negotiations, representations or agreements, either writ- .5 postage and handling of documents; ten or oral. This Agreement may be amended only by writ- ,6 expense of overtime work requiring higher than ten instrument signed by both Owner and Architect. regular rates, if authorized by the Owner; 6.5 Nothing contained in this Agreement shall create a con- .7 renderings and models requested by the Owner; tractual relationship with or a cause of action in favor of a ,8 expense of additional coverage or limits, including third party against either the Owner or Architect. professional liability insurance, requested by the 6.6 Unless otherwise provided in this Agreement, the Archi- Owner in excess of that normally carried by the tect and Architect's consultants shall have no responsibility Architect and the Architect's consultants; and for the discovery, presence, handling, removal or disposal of .9 Expense of computer -aided design and drafting or exposure of persons to hazardous materials in any form equipment time when used in connection with the at the Project site, including but not limited to asbestos, Project. asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES ARTICLE 7 PAYMENTS TO THE ARCHITECT 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presen- 7.1 DIRECT PERSONNEL EXPENSE tation of the Architect's statement of services rendered or as 7.1.1 Direct Personnel Expense is defined as the direct salaries otherwise provided in this Agreement. of the Architect's personnel engaged on the Project and the 7.3.2 An initial payment as set forth in Paragraph 8.1 is the portion of the cost of their mandatory and customary con- minimum payment under this Agreement. tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick 7,4 ARCHITECT'S ACCOUNTING RECORDS leave, holidays, vacations, pensions, and similar contributions and benefits. 7.4.1 Records of Reimbursable Expenses and expenses per - 7.2 REIMBURSABLE EXPENSES taining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or 7.2.1 Reimbursable Expenses are in addition to the Architect's the Owner's authorized representative at mutually convenient compensation and include expenses incurred by the Archi- times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF None Dollars ($ —Q— ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be computed as follows: (insert basis of compensation, including stipulated sums, multiples or percentages, and identify the services to which particular methods of compensation apply, if necessary) See attached proposal which is a part of this Contract. Billing invoices shall be submitted monthly for actual work performed and expenses incurred within the time period. AIA DOCUMENT B727 • OWNER - ARCHITECT AGREEMENT • 1988 EDITION • AIA • © 1988 • THE 4 B727 -1988 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright Ism and Is subject to legal prosecution. 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Ex- penses, at actual cost of the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid sixty ( 60 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Interest shall be at 2% above prime rate based on quarterly percentage rate of Norwest Bank, Minneapolis, Minnesota. (Usury laws and requirements under the Federal 7)•utb in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewbere may affect the validity of tbis provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding otber requirements such as written disclosures or waivers.) 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. ARTICLE 9 OTHER CONDITIONS Not Applicable This Agreement entered into as of the day and year first written above. CITY OF BROOKLYN CENTER ENVIRONMENTAL PROCESS, INC. OWNER ARCHITECT (Signature) (Signature) G. G. Splinter Todd Paulson City Manager Mayor Charles A. Lane, AIA, P.E., Vice President (Printed name and title) (Printed name and title) CAUTION: You should sign an original AIA document which has this caution printer' in red. ;e obscured as may occur when dcc 2rnent � are reproduced. An original assures that changes will not AIA DOCUMENT 8727 - 0%VNER- ARCHITECT AGREEMENT - 1988 EDITION - AIA' - ©1988 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENL'E, NW.. WASHINGTON, D.C. 20006 8727 -1988 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO HAZARDOUS SUBSTANCE REMOVAL AND INDOOR AIR QUALITY EVALUATION, CENTRAL GARAGE IMPROVEMENT PROJECT NO. 1993 -19 WHEREAS, on September 27, 1993 the City Council adopted Resolution No. 93 -159, establishing Improvement Project No. 1993 -19, Improvements to Central Garage, allocating funds therefor; and WHEREAS, said cost estimate included provisions for asbestos /PCB/ fluorescent light removal under a separate contract, and for indoor air quality testing and commissioning; and WHEREAS, it has been recommended that the professional services relating to hazardous substance removal and the indoor air quality evaluation be provided by the firm which conducted the initial detailed evaluation of air quality at the Central Garage, utilizing the firm's intimate knowledge of the building's HVAC system; and WHEREAS, said firm, Environmental Process, Incorporated (EPI), has provided the following proposals, both of which are responsible proposals which will provide the professional requirements for this improvement: Asbestos /PCB /Fluorescent Light Abatement $4,800 Indoor Air Quality Testing $7,150 AND WHEREAS, the costs of said proposals do not exceed the amount estimated for these services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposals as submitted by EPI are hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the above amounts, in the name of the City of Brooklyn Center, for Improvement Project No. 1993 -19. 2. All costs relating to these proposals shall be charged to the Capital Improvements Fund. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 2128/94 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: 1��W j�� Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOMMENDATION: ..ter z No comments to supplement this report Comments below /attached SUM MLARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. RECOMMENDED CITY COUNCIL ACTION Approve licenses. Licenses to be approved by the City Council on February 28, 1994: 0- MCHANICAL SYSTEMS Allied Fireside, dba Fireplace Comer 2700 Fairview Ave. Anderson Heating and A/C 4347 Central Ave. NE McQuillan Brothers Plumbing & Heating Co. 452 Selby Avenue Building Official kJ. RENTAL DWELLINGS Renewal: Ewing Square Associates Ewing Square Townhouses Curtis Erickson Lake Shore Apartments George I. Kosmides Lyn River Apartments Robert & Marilyn Cashman 5622 Emerson Ave. N. Eugene L. Temple 4207 Lakeside Ave. N. #235 JRJ Properties 6825 -27 Noble Ave. N. Gary and Carol Meinke 3601 47th Ave. N. Lee Marwede 4700 -02 68th Ave. N. ' Y Director of Ait- Community Development SIGN HANGER - enic Sign Corporation P. O. Box 881 Building Official A )e GENERAL APPROVAL: Sharon Knutson, Deputy City Clerk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR SETTLEMENT OF CLAIM WHEREAS, Mr. Michael Kaulfuss is a police officer employed by the City; and WHEREAS, Mr. Kaulfuss has made certain claims relating to, and arising out of, his employment relationship with the City (hereinafter "Disputed Claims "); and WHEREAS, the City does not agree that the Disputed Claims are valid or that the City is legally obligated to compensate Mr. Kaulfuss therefor; however, the City Council has determined that it is in the best interest of the City and its citizens to settle the Disputed Claims as hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the city manager is authorized and directed to make payment to Mr. Michael Kaulfuss and his attorney in the amount of $4,420 in exchange for execution by Mr. Kaulfuss of an agreement, in a form satisfactory to the city attorney, releasing the City, its council members, agents, and • employees from any and all claims by Mr. Kaulfuss related in any way to the Disputed Claims. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, JIL 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL A. ALSOP (612) 337 -9300 LAURA K. MOLLET WRT LD H. BATTY BARBARA L PORTWOOD STEPHEN J. BUBUL Facsimile (612) 337 -9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON, JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE L WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929-1991) DAVID J. KENNEDY 337-9215 JOHN R. LARSON OF COUNSEL WELLINGTON H. LAW ROBERT C. DAVIDSON N CHARLES L. LEFEYERE ROBERT L ROBERT C. LONG LONG February 3, 1994 Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE • Kalfuss Dear Jerry: As you know, one of the city's police officers, Mr. Michael Kalfuss, has submitted a claim to the city for damages and losses arising from a proposed reorganization of • the police department. In connection with this reorganization, Mr. Kalfuss claims that he was offered, and agreed to accept, a position as lieutenant on the police force. Mr. Kalfuss claims that in reliance on that offer he resigned as president of the LELS and suffered embarrassment, monetary damages, and damage to his reputation. The city does not agree that the lieutenant position was ever offered to Mr. Kalfuss, that it committed any wrongdoing or that it is legally liable to Mr. Kalfuss. However, taking Mr. Kalfuss at his word, there appears to have been at least a serious misunderstanding about his "promotion" to lieutenant. Some time ago, the attorney for Mr. Kalfuss, Mr. Joel Golden, indicated that, although Mr. Kalfuss had a claim in a greater amount, he would accept $15,000 as settlement of the claim. At the direction of the city council I have been negotiating this matter with Mr. Golden, and have arrived at a settlement amount which I believe to be Mr. Kalfuss' final position. Mr. Kalfuss will accept $3,000 as settlement provided he is compensated for his attorney's fees which, at the present time, amounts to $1,420, for a total settlement of $4,420. According to Mr. Golden, Mr. Kalfuss has stated that he will sue the city if we are unable to settle the case for this amount of money. From what I have been informed about the facts of this case, I believe that the city would ultimately prevail in a lawsuit. However, litigation is uncertain. Therefore, the city does have some potential exposure to damages. Additionally, the city council may properly consider the cost of litigation. It appears to me that there are a sufficient number of facts in dispute that the city could not expect to win this case by summary judgment. If the case were to go to trial, the cost in attorney's fees to the cit Y would be substantially tia in excess of the proposed settlement. Therefore, I Y p P would recommend that the city council seriously consider the proposed settlement. CLL65080 BR291 -24 Jerry Splinter February 3, 1994 Page 2 Although I believe the proposed settlement to be favorable to the city, whether to accept the proposal is entirely within the discretion of the city council. If the city council wishes to accept the proposed settlement, it may do so by adopting the attached resolution. If you have any further questions, please give me a call. Very truly yours, Charles L. LeFevere CLL : ckr • CLL65080 BR291 -24