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HomeMy WebLinkAbout1993 11-22 CCP Regular Session ` Ck k s O i ;� CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER NOVEMBER 22, 1993 .' 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 77 , 5. Council Report 6. Approval of Agenda and Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. r' ",, 7. Approval of Minutes: a. November 1, 1993 - Work Session b. November 8, 1993 - Regular Session t ? ; "' 8. Ordinance: a. An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation - This ordinance increases the insurance requirements for taxicabs and is recommended for a first reading this evening. 9. Discussion Items: a. Status Report Re: Proposed 1994 Improvements Project No. 1994 -01 - James, Knox & 54th Avenues � Pd Project No. 1994 -05 - Humboldt Avenue r r 3. Project No. 1994 -07 - 73rd Avenue � � t' "` � ' � E j � J ._ 6� 4. Project No. 1994 -11 - Northwest Area b. Follow -up Report Re: Clear View Triangle at 5120 East Twin Lake Boulevard c. Park & Recreation Commission Recommendation Regarding Brooklyn Park Athletic Association /Basketball Program ovember 22, 1993 CITY COUNCIL AGENDA -2- N d. Snow Plowing Overtime Policy Policy and Procedure on Mayor and Council Member Total Compensation 461 (' cl False Police and Fire Alarms .., 1. An Ordinance Amending Chapter 23 of the City Ordinances Regarding Alarm Systems 2. Resolution Amending the False Alarm Fee Schedule g. Approving the Submittal of the City of Brooklyn Center Grant Application to the U.S. Department of Justice for the Police Hiring Supplement Program 10. Resolutions: a. Establishing Improvement Project No. 1993 -27, Replacement of Lights for Hockey Fields at Northport Park and at Garden City Park, Accepting Proposal and Awarding Contract, and Appropriating Funds Therefor * b. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. Dst. 11/22/93) * c. Authorizin g the Sale and Issuance of Health Care Facilities Revenue Bonds (Maranatha Project) Series 1993, the Execution of Related Documents and the Performance of Related Actions d. Amending the 1993 Budget and Authorizing the Purchase of a Photocopy Machine * e. Amending the 1993 General Fund Budget to Provide Funding for a Brooklyn Center Promotional Activity * 11. Licenses 12. Adjournment CITY OF BROOKLYN CENTER CouneR Meeting Date November 22, 1993 Agenda Item Number 74 REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: CITY COUNCIL MINUTES - NOVEMBER 1, 1993 - WORK SESSION CITY COUNCIL MINUTES - NOVEMBER 8, 1993 - REGULAR SESSION DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECONMENDATION: I ' d ° I No comments to supplement this report Comments below /attached 9% SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL WORK SESSION NOVEMBER 1, 1993 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Pro Tem Rosene at 7:05 p.m. ROLL CALL Mayor Pro Tem Rosene and Couneilmembers Celia Scott and Kristen Mann. Mayor Paulson arrived at 7;07 p.m. C;ouncilmcmber Barb Kalligher was excused from tonight's meeting. Also present were City Manager Gerald Splinter, Finance Director Charlie Hansen, and Council Secretary Carla Wirth. REPORT ON RFP FOR CIVIL LAW SERVICES The City Manager reported the RFP for civil law scrviccs has bccn finalized as directed by Council action on October 25, 1993, and will be published in the November 3, 1993, issue of the Brooklyn Center Sun -Post He added notices will also be published in the Finance and Commerce and L,aw & Politics He explained it will not be included in the Bench & Bar since the next issue does not begin until early December. He further explained copies of the RFP will be sent directly to 16 law firms listed as providing civil law services in the 1993 legal fees survey. Mayor Paulson arrived at 7:07 p.m. The City Manager informed the Council the agreement will allow them the ability to seek special legal counsel for special matters. Mayor Paulson questioned the interview process. The City Manager recommended the same process be used as when the Auditor and Prosecuting Attorney were hired. He explained staff recommended two or three for the Council to choose from and also provided details from the interview process. Mayor Paulson stated perhaps the Council should be part of the selection process. The City Manager stated the Council approved the selection process at the previous meeting; however, if they want to change the process, this item could be placed on the next agenda. 11/1/93 _ 1 _ There was a motion by Councilmember Rosene and seconded by Mayor Paulson to place the issue of the review committee for civil law services on the November 8, 1993, Council agenda for further discussion. The motion passed unanimously. DIISCUSSION OF PRQPOSEI) NOVEMBER TOWN MEETING ON CRIME AND VIDEQ TAPING FOR DOCUMEE=Y PROGRAM The City Manager explained Mayor Paulson had asked this item be included on the agenda to discuss presenting a video tape, "Community and Family Violence Prevention" at the upcoming town meeting. Mayor Paulson explained there have been four town meetings, two with residents and two with youth. He suggested presenting the video tape to generate ideas at a town meeting followed by input from the audience on ways the City can address these issues. He further suggested the meeting end with the Council convening to discuss how these issues can be addressed and/or incorporated into the 1994 budget. Mayor Paulson pointed out this will bring a closure to the town meetings that residents have attended and allow them to realize the impact of their input. Dan Reiva, RTV Producers, reviewed his production with the Council, explaining its objective is to raise awareness of the interrelated issues surrounding the subject of community and family violence and to express the point of view of the population at risk. Mr, Reiva explained Brooklyn Center and other first -tier suburbs are now facing several issues usually associated with the inner -city, and the video provides residents with an opportunity to express their concerns and priorities. He added the video documentary program explores the work of several social service organizations, presents voices from the population at risk, and integrates responses from the mainstream community. He asserted this will result in one of the most effective town meetings to be held, Mayor Paulson stated this project was funded by a documentary grant secured from the Department of Education. Mr. Reiva suggcsted the town meeting be held on November 18 from 7 to 9 p.m. at Earle Brown Elementary School. Councilmember Scott asked if the documentary video accurately portrays families at risk without the risk of being discriminatory. Mr. Reiva assured the Council the video includes a diverse mixture of participants, Councilmember Scott stated she is unable to attend on November 18 and expressed concern about having a budget meeting in conjunction with a town meeting, Mayor Paulson suggested the first hour of the town meeting comprise showing the video and taking residents' input, and the second hour the Council can discuss this input and how it can be addressed and its impact on the 1994 budget. 11/1/93 - 2 - 0 Councilmember Mann stated a town meeting to discuss social issues and including budget input is a g ood idea 8 b but she is concerned about calling it a Council meeting. Shc further stated she would not want residents to think it is an official City budget meeting. The City Manager agreed if the word "budget" is included in the definition of the meeting, people will be present to discuss broader budgeting issues. Council consensus was reached to direct staff to schedule a council Crime Safety Forum on November 18, 1993 7 to 9 p.m. at Lark; Brown Elementary School Activity Room. CONUNUED REVIEW (2ND SESSION) OF 1994 PROPOSED BUDGET Police = Unit 131 The primary function of the police department is to enforce federal, state, and municipal laws within the City of Brooklyn Center. In addition to enforcing laws, the Brooklyn Center Police Department provides many programs and services to the community. The City Manager reported the 1994 police department proposed budget overall reflects an 11.6 %v increase which is concentrated in three areas: the request for additional manpower (1 police officer January 1; one police officer July 1; 1 public safety dispatcher May 1), the transfer from public works division of vehicle maintenance, fuel and fixed costs of the police fleet. He added the increased operating budget includes the request of such items as MDTs (Mobile Digital Terminals), anticipated turnover replacement costs, necessary equipment Purchases, and increases in the At -Risk Youth Outreach and Domestic intervention Programs. He pointed out the non - personnel portion of the 1994 proposed operating budget reflects an 87.4% increase, 73.4% is the, result of the transfer from public works division of vehicle aint nance. m e Councilmernber Rosene asked why staff is proposing to start police officers at staggered times throughout the year. The City Manager explained this provides the ability to incorporate two officers and a dispatcher within one year with the amount of money originally allocated for two police officers. He added it is also easier to handle training if the start of personnel is staggered. It was noted the Police Chief is currently looking into filing for Federal funds for a police officer; however, this would only provide start -up money. Councilmember Rosene asked when the officer would be on the street. The City Manager estimated three to six months from the starting date and February of 1995 before they are independently on the streets. Councilmember Scott commented on Federal and State programs that provide reimbursement of funds for purchasing bullet -proof vests. The City Manager stated he will check into both of these possibilities. 11/1/93 -3- The Council briefly discussed the need to replace portable radios, their cost and life expectancy, With regard to the camcorder, the Finance Director explained it will be shared between four departments. It was also noted six squad cars were requested but five are included in the budget, Fire = Unit 132 The Brooklyn Center Fire Department is charged with the responsibility of providing fire protection, emergency life saving services, and conducting fire prevention activities. The City Manager reported the level of services to be offered by the Fire Department in 1994 are comparable to those offered in 1993. Personal services is increasing slightly to reflect a request for an increase in bcncfits and City contributions to the Fire Department Relief Association. Capital outlay requests are mostly replacements for fire equipment which has worn out, and a request for a mini -van to replace the Chiefs car is included in the Central Garage Fund. With regard to the Central Garage budget, the City Manager pointed out the individual allocation to each department is not precise in the 1994 budget, but by the end of the year staff will know more and be able to be more precise in the 1995 budget. He reviewed the types of equipment included in the budget and provided a brief explanation of each. Mayor Paulson questioned the need to purchase two $1,500 couches. The City Manager explained these were commercial -grade couches to replace the existing furniture which is 12 years old. Mayor Paulson commented this seems quite expensive. The City Manager stated he will get more information about this particular purchase. The Council discussed the radar unit and asked if it makes a difference. The City Manager reported staff receives a favorable response from residents on the street where the radar sign is in use, He added it is a very good educational device to alert drivers of their speed. Community Development = Unit 133 The Community Develupnnent Department is responsible for community planning, administration of the zoning and sign ordinances, administration and enforcement of the housing/building maintenance ordinances, administration of various housing subsidy and grant programs participated in by the City, the administration of business retention and economic development programs, and administration of the Earle Brown Heritage Center. The Finance Director pointed out the 1994 budget anticipates a vigorous code enforcement effort directed at problem properties and potential increase in legal costs. He recommend(A an additional $10,000 is requested for this activity. He also stated $4,000 is requested for Community Health Service in Community Development, which is a $6,000 reduction from 11/1/93 .4 - the 1993 budget. It was noted the budget also includes microfilming plans received in order to address the storage space problems of this department. Emergency Preparedness = Unit 134 The function of Emergency Prcparcdncss in Brooklyn Center is to prepare the community to meet manmade or natural disaster emergencies. The Emergency Preparedness organization consists of the operational departments of the City trained and prepared to meet emergency requirements with assistance from other government agencies and volunteers as may be needed. The City Manager reported the level of services to be offered in 1994 are comparable to those offered in 1993. He pointed out operating costs are increased and there is a request for additional training funds, It was noted the capital outlay request is for a meteorological instrument to measure the wind and temperature during a hazardous materials incident. He explained the Fire Department is in charge of this function and this typo of equipment will provide localized knowledge for use when making a judgment on the need to vacate areas of potential contamination. Animal Control = Unit 135 The primwy function of animal control is to provide enforcement of the animal ordinances of Brooklyn Center, This enforcement is provided by the Brooklyn Center Police Department. The City Manager reported the 1994 animal control budget overall reflects a 35% increase P g which is concentrated in one area; contractual services. He explained the police department contracts through a joint powers agreement with P.U.P.S, for the kenneling*, impounding, and disposal of animals. In response to Councilmember Scott's question, the City Manager explained the amount budgeted in 1993 was really a "guess" and the amount proposed in the 1994 budget is based on the costs experienced the previous year. He added the charges arc based on the number of animals collected. Councilmember Scott asked if the City should become more active with licensing animals so their owners can be identified and required to cover charges. The City Manager explained license fees have been kept lower to encourage pet owners to vaccinate and license their pet. Councilmember Scott suggested more publicity be done in the spring about the vaccine program so residents remember to take advantage of it. 0 11/1/93 -5 - Engi eering = Unit 141 The Engineering Division of the Public Works Department is responsible for all engineering related to the design, construction, and maintenance and operation of the physical facilities of the City, in addition to the calculations and spreading of special assessments for improvement projects, In response to Couneilmember Rosene's question, the Finance Director explained the Arclnfo /Arc View will replace the UltiMap which generates geographical maps. The City Manager added the new system fully interfaces with the existing one. The Council briefly discussed the automobiles used by City personnel. The City Manager explained they are used squad cars with very low value due to the mileage. The Finance Director further explained using a vehicle marked as City owned provides assurance to residents that the driver is actually a City employee conducting City business, Councilmember Mann stated she has received comments from residents about the "fleet" of City -owned cars. The Finance Director explained the resale of the used squad cars is about $1,000 each so it costs the City very little to keep them for several more years. The City Manager explained when the City paid mileage to employees it was a constant problem because of damage to their cars, requests for higher mileage rates, etc. Street Maintenance Unit 142 The Strcct Maintenance Division of the PuhliG Works Department is charged with the responsibility of maintaining all City streets, snow and ice removal, and street and traffic sign installation and maintenance. The City Manager reported the 1994 street maintenance budget anticipates few changes in the level of service provided in previous years, The amount budgeted for street maintenance materials has been reduced to reflect the move toward combining miscellaneous sidewalk repairs into an improvement project funded from Local State Aid fund, and to adjust unit prices for current trends. He pointed out the main change is with the Central Garage. Mayor Paulson requested an organizational chart for employees within each department. The City Manager stated he will supply this information for Council's review. Vehicle Maintenance = Unit 143 The Vehicle Maintenance Division of the Public Works Department is under the immediate supervision of the Public Works Superintendent and is responsible for the maintenance and repair of all City machinery and automotive equipment. The City Manager explained the 1994 vehicle maintenance budget is being replaced by the Central Garage internal service fund, 11/1/93 - 6- Traffic Signals = Unit 144 This account Provides funds for traffic signal maintenance and electrical power source costs. The City Manager explained the City contracts with Hennepin County to do signal maintenance. Street Lighting = Unit 145 This account provides funds for the cost of City -wide street lighting. The City Manager explained NSP does virtually all the work involved with street lighting and this budget is down slightly. Weed Control = Unit 146 This account provides for the cost of the City weed eradication program. The City Manager explained the City hires contractors to handle weed eradication and charges otf the cost to the owner of the property. He. added the City charges Hennepin County if they do work for them, Health th Rezulation and Infection = Unit 151 This unit previously provided inspections service and environmurital health Programs for the City through a joint venture with the City of Crystal; however, it was decided to switch to Hennepin County for these services as of January 1, 1993, Social Services = Unit 152 This unit provides for the City's social service programs, These services include Northwest Hennepin Human Services Council, Mediation Services, Peacemaker Center, and the Senior Transportation program. The City Manager pointed out a new request was received from Ride- With -Us Vanpooling Services, Inc., but not included in the proposed budget. Councilmember Rosene reported the Human Rights & Resources Commission has interviewed groups requesting funding and will be prioritizing their recommendation at the next meeting. He questioned the procedure if they recommend funding a group that has not been included in the 1994 budget. The City Manager stated they will have to find funding from another source or make cuts in other programming. Councilmember Rosene informed the Council the Ride- With -Us Vanpooling Services appear to provide more comprehensive services since they do not target only one group (senior citizens), In response to Mayor Paulson's questions, the City Manager reviewed the funding for 0 CO -Op Northwest and the Cadet Prpgram. 11/1/93 - 7 - Parks and Recreation Administration_ = Unit 160 The Recreation and Parks Department is responsible for the development and implementation of a program of organized recreational activities within Brooklyn Center and for developing and maintaining all municipal park property. The City Manager reviewed the personnel involved and general administrative costs of the recreation program. He pointed out if the Council goes with a program budget, general administrative costs will be allocated to individual recreational programs. Mayor Paulson questioned staff's previous recommendation to eliminate the Aquatics Supervisor, The City Manager explained he recommended one position be climiuiated; however, Council determined this type of expertise was needed with the pool. Council briefly discussed the supervisor and WSI positions. The City Manager stated the City is paying competitively when compared with the YMCA and he will provide Council with salary range information. Adult Recreation Programs = Unit 161 This unit provides fends for recreation programs for adults in the City of Brooklyn Ccntcr and is designed to be entirely self - supporting through user fees. The City Manager explained most adult programs will be completely funded with user fees. The exceptions are the Senior Citizens program and Brooklyn Community Band. He added one employee spends 60% to 75 %a of her time on Senior programming_ The Finance Director estimated the Senior programs cost $5,000 plus the cost of the cmployee's time. Teen Recreation Programs = Unit 162 This unit provides funds for recreation programs offered to young adults in the City of Brooklyn Center and are funded by a combination of City taxes and user fees. The City Manager reported they have held teen dances every other week but they have not been very successful yet. He added they work very closely with the school and their activities. Children's Recreation Programs = Unit 163 This unit provides fur recreation programs offered to children in the City of Brooklyn Center and are funded by a combination of City taxes and user fees. The City Manager pointed out approximately 81% of the program budget is funded from user fees and 19% from taxes. Councilmember Scott relayed a comment she received from a new resident of Brooklyn Center who felt having activities during MEA time was fantastic. 11/1/93 - 8 - General Recreation Programs - Unit 164 This unit provides funds for recreatign programs not otherwise classified and are funded by a combination of City taxes and user fees. The City Manager noted skating rinks are completely subsidized with tax money. He estimated approximately 35% of the General Recreation Program budget is funded by usei fees and 65% from tax money. Community Center = Unit 167 This unit provides funds for all rccreaftn activities held in the Brooklyn Center Community Center and are funded by a combination of city taxes and user fees. The City Manager explained this budget reflects a full year in the operation of the water slide. He added the positions of Lead Custodian, Custodian, one -half of the position of Maintenance Custodian, and some part -time custodial house have been transferred from the Government Buildings budget to this budget to more accurately reflect hours worked. Par Maintenance Parks Ma to Unit 169 The Parks Maintenance account provides funds for all costs of maintaining the City's parrs as well as providing improvements to, and equipment for, those parks. The City Manager explained the major capital outlay item is replacement of a water tanker with a water tanker /flusher which would be used to maintain landscaping included with street improvement projects and street flushing. He added another major capital outlay is the purchase of a 16 -foot mower to replace two 72 -inch mowers, which will substantially reduce mowing time and allow substantial regular time to be dedicated to other park maintenance tasks. Couneilmember Scott expressed support of the residential reforestation and asked why it was bcing reduced. The City Manager stated he will obtain this information for Council's re %dew. Convention & Tourism Bureau = Unit 170 Operators of hotels and motels in Brooklyn Ccntcr collect a six percent tax on the rent charged which the City receives and forwards ninety-five percent of the first three percent to the North Metro Convention and Tourism Bureau for the purpose of marketing and promoting the City as a tourist or convention center. The City retains five percent of the first three percent to reimburse itself for the cost of administering the program, and also retains the entire second three percent to reduce the need for property taxes to support City services. The City Manager estimated $360,000 in lodging taxes will be collected in 1994 and approximately $189,000 will be retained by the City, and $171,000 will be forwarded to the North Metro Convention Bureau. 11/1/93 - 9 - Mayor Paulson requested a copy of the most recent report from the North Metro Convention Bureau. 0 Unallocated Departmental Expenses = Units 180 and 182 This unit provides for expenses which cannot be allmuted directly to individual City operating departments. The Finance Director reported unallocated expenses include insurance premiums, office supplies, postage, and training budgets which are difficult to allocate to individual departments. He noted the capital outlay request is for replacing the eight year old copy machine. In response to Councilmember Mann's question, the Finance Director explained a smaller copier was purchased last year, but it is not as fast; however, it does contain features such as enlarging and reducing. He added wherever possible staff has allocated costs out to departments, but with these there is no worthwhile method to do so. The Finance Director pointed out the contingency account is about the same as it was last ycar. central age Estimated Revenues and Approp iations The City Manager explained the Central Garage Division of the Public Work, Department is responsible for the maintenance and repair of all City machinery and automotive equipment. He then reviewed vehicle and equipment purchase recommendations and provided an explanation of how a Vacter operates to clean manholes. Councilmember Rosene reported there are several storm sewer grates that arc clogged with dirt and weeds need to be removed. PARKING OF COMMERCIAL VEHICLES ON RESTDENTIALLY ZONED PROPERTY C:ouneilmember Roscnc cxplained Council has previously discussed the possibility of parking commercial vehicles inside private residential garages and asked this matter be placed on an upcoming agenda. The City Manager indicated it will be placed on a future work session agenda. PARK & RID E FACILITY Coun0mcmher Rcsenc explained residents from 65th and Marlin Avenues have voiced concern regarding traffic from Brooklyn Park using Indiana Avenue rather than 63rd Avenue which is designed for heavier traffic levels. He reviewed issues raised by Mr. Hammerlund regarding traffic cutting through the school property and asked if staff should work with Brooklyn Park to find a solution. 11/1/3 10 9 - - 40 The City Manager reviewed action taken previously by the City and School District to keep the parking lot gate closed which was objected to by the rest of the neighborhood. He added the City received many calls objecting to the gate being installed. He statcd he will provide this information to the Council for their review. Councilmember Rosene asked this matter be placed on the Council's agenda as a discussion item. ADJOURNMENT There was a motion by Councilmember Mann and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Ccnter Ut Council work session adjourned at 9:25 p.m. A continuation of the work session will be scheduled on November 15, 1993, to continue discussion of the proposed 1994 budget. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth TimeSaver Off Site Secretarial 11/1/93 r, MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE CUUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 8, 1993 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7 p.m. RO LL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, and garb Kalligher. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, Director of Community Development Brad Hoffman, Public Works Coordinator Diane Spector, Financial Commission Chairman Donn Escher, and Council Secretary Kathy Stratton. Councilmember Kristen Mann was excused from the meeting. OPENING CEREMONIES The invocation was observud with a moment of silence. OPEN FORUM There were two requests to use the open forum session this evening. First, Mr. Charles Lenthe of 7007 Irving Avenue North addressed the Council with his concerns regarding improvements to Humboldt Avenue. He said constructing a cul -de -sac is not a viable solution to the traffic problem and asked a larger number of people he included in meetings than those who actually live on Humboldt, as many in the entire area will be affected by any changes. Councilmember Kalligher asked staff if the whole neighborhood could be notified and involved in future proceedings, and the City Manager responded they could. In response to Councilmember Rosene's question about what would be a viable solution, Mr. Lenthe said he thought the burden of the high traffic load should be shared by other streets and other communities. The second open forum request was from Lynn Sherohman, 4400 65th Avenue North regarding the temperature of the pool. She explained the pool is too hot for lap swi,limers 11/$/93 - 1 - at 86 degrees and suggested a temperature of 83 degrees. She also asked that she be notified if there is any action taken regarding her request. ! COUNCIL REPORTS Councilmember Kalligher explained she would like to propose a work session for November 29, 1993, to review the information for the crime form and the documentary being prepared by Dan Reiva, as well as reviewing information regarding the budget. Councilmember Rosene concurred it is important to review the documentary so the Councilmembers know what is in it before November 18. Councilmember Scott said she also thought a work session would be a good idea, but She is unable to attend on November 29. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to establish a work session for November 29, 1993, to discuss issues regarding the crime forum and the budget and cancel the meeting currently scheduled for November 18, 1993, The motion passed unanimously. Councilmember Roscnc commented he had attended a forum Iast Saturday with Representative Phil Carruthers regarding Community Action for Suburban Hennepin. He said at that forum a gentleman from Brooklyn Park said CASH works against adequate screening and the ability of landowners to evict tenants. He said he would like to set up a time to discuss and debate the issue of fairness for landlords and tenants before the Housing Commission since this is an area that needs a delicate balance. Councilmember Kalligher noted the next Housing Commission meeting is Tuesday, November 23. The Director of Community Development said it could be put on the agenda for that meeting if necessary. Councilmember Rosene replied there was no hurry as long as it could be addressed at a Housing Commission meeting in the near future. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to refer a discussion on the issue of fairness to landlords and tenants in regard to screening of tenants and eviction rights to the Housing Commission for discussion at a mccting within the next four months. The motion passed unanimously. Councilmember Kalligher commented after having spoken to a 9th grade civics class along with Mayor Paulson and Councilmember Mann, she would like to see a report compiling comments of area high school students regarding what type of activities they would like to see made available for young people in the City. The City Manager added the staff could work in conjunction with school student councils. 11/8/93 -2- r, Councilmember Scott said she would hope the report would come to the Council in some condensed version rather than 2000 letters from students to be read individually. Mayor Paulson said he would ask staff to prepare a report, compile responses from the two area high schools in districts 279 and 286, and meet with the new director, Tim Ross, about what kind of activities should be made available to the City's youth. Councilmember Rosene requested an explanation as to why there had been no cross - country ski trails made in Brooklyn Center and stated he would like the City to make an effort to m trails for i provide some a S A is residents, The City Manager explained the Park and Recreation staff had considered cross country ski trails, but the area most likely for them, Shingle Creek, has black -top trails that are difficult to make into cross - country trails. He said there is also a liability issue, and whenever trails are groomed the purchase of a license is necessary. He gave those as the reasons the City had not created trails in the past. Councilmember Rosene responded there are several other parks that might work well, and if it could be accomplished without any major expenses to the City, he would like to see the issue looked into. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to request the Park and Recreation Commission to look into the possibility of trails in spite of the reasons for not installing them in the past. The motion passed unanimously, APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda, Councilmember Kalligher requested that agenda item 14i be removed. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the November 8, 1993, agenda and consent agenda as printed. The motion passed unanimously. - APPROVAL OF MINUTES OCTQBER_ 8x_1993 - SPECIAL WORK SESSION There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve the minutes of October 18, 1993, special work session as printed. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 93 -191 Member Celia Scott introduced the following resolution and moved its adoption: 11/8/93 -3- S RESOLUTION AMENDING RESOLUTION NO. 91 -153 REGARDING THE COMMUNICATIONS TASK FORCE The motion for the adoption of the foregoing resolution was duly seconded by member Barb p g g Kalligher, and the motion passed unanimously. RESOLUTION NO. 93-192 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF NICHOLAS EOLOFF FOR HIS DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF PAMELA FRANTUM FOR HER DEDICATED PUBLIC SERVICE ON THE HOUSING COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOL TION NO 93 -194 Member Celia Scull introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF CHARLES RICKART FOR HIS DEDICATED PUBLIC SERVICE ON THE PARK AND RECREATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO, 93-195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES RELATING TO IMPROVEMENTS TO CENTRAL GARAGE, IMPROVEMENT PROJECT NO. 1993.19 11/8/93 -4- l The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, RESOLUTION NO. 93 -196 Member Celia Scott introduced the following resolution and movcd its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -C, REPLACEMENT OF WATER MAINS ON LAWRENCE ROAD AND ALDRICH COURT, IMPROVEMENT PROJECT NO. 1993- 07, AND SANITARY SEWER REPAIR (5 LOCATIONS), IMPROVEMENT PROJECT NO. 1993 -16 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -197 Member Celia Scott introduced the following resolution and movcd its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -24, WELL NO. 6 MAINTENANCE AND IMPROVEMENT PROJECT NO. 1993 -26, WELL NO. b MAINTENANCE, CONTRACT 1993 -J, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly secondcd by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 93 -198 Member Celia Scutt introduced the following resolution and movcd its adoption: RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED ISSUANCE OF REVENUE BONDS TO FINANCE A PROGRAM UNDER MINNESOTA STat CHAPTER 462C FOR THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY HOUSING DEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, RESOLUTION NO. 93 -199 Member Celia Scutt introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST. IIA18 /y3) 11/8/93 -5 - The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ID E -,ATION OF SPECIFIED LICENSE There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to approve issuance of Class F and Sunday On -Sale Intoxicating Liquor License to D'Aniico Catering, Inc., DBA D'Amico Catering at Earle Brown Heritage Center. The motion passed unanimously, LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to a rove the following g list of licenses: MECHANICAL SYSTEMS Jim Swee ey n Services 2311.7 Durant Street RENTAL DWELLINGS Initial: Scot and Michal Frenzel 5256 E. 'Twin Lake Blvd. Renewal: James Lupient Basswood Apartments George Lucht 5105 Brooklyn Blvd. Patti Zoerb 5900 Camden Ave. N. Robert Drum 4247 Lakeside Ave. N. #332 Robert Johnson 7218 -24 West River Road Sherry Ronallo 819 -21 55th Ave. N. Jerry Harrington/Eugene Berg 1200 67th Ave. N. TAXICAB Blue & White, Cab #518 1304 E. Lake Street The motion passed unanimously. APPROVAL OF MINUTES - CONTINUED OCTOBER 251993 - REGULAR SESSION There was a motion by Councilmember Kalligher and scconded by Councilmember Rosene. to approve the minutes of October 25, 1993, regular session as printed. The motion passed unanimously with Councilmember Scott abstaining from the vote. pgES NTATION 11/8/93 - 6 - The City Manager introduced the League of Minnesota Human Rights Commissions' Certificate of Appreciation Presented by Brooklyn Center Human Rights and Kesources Commission, Donna Stoderl thanked the City of Brooklyn Center and the City Council for continued support on Human Rights issues and presented a plaque showing such appreciation. The plaque was accepted by Mayer Paulson. MAYORAL APPOINTM .NT Mayor Paulson explained there had been three applicants for the position of Park and Recreation Commissioner, all of which were very qualified, He asked the Council to accept his appointment of Margaret Knutson, whom he said seemed to be best qualified. Councilmember Rosene explained he also thought all three applicants were very well qualified, but Margaret Knutson's resume was outstanding. There was a motion made by Councilmember Rosene and seconded by Councilmember Scott to approve the appointment of Margaret Knutson to the Park and Recreation Commission. The motion passed unanimously, PROCLAMATION The City Manager explained the preparation of a draft ordinance proposing licensed establishments selling tobacco related products and liquor establishments to post warning signs to pregnant women of the effects of both alcohol consumption and tobacco use and encouraged the City Council to pass a proclamation of November 12 -19 as Minnesota Chemical Health Week, Member Celia Scott introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING THE WEEK OF NOVEMBER 12 -19, 1993, AS MINNESOTA CHEMICAL HEALTH WEEK The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PLANNING COMMISSION ITEMS PLANNING COMMISSION APPLICATION NO 93011 - BROOKDALE CHRYSLER PLYMOUTH The City Manager introduced Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth. Request to rezone the Brookdale Chrysler Plymouth property at 6121 Brooklyn Boulevard and the property immediately to the south at 6107 Brooklyn Boulevard to PUD /C2 and to approve a planned unit development proposal for an expansion of the car dealership, This application was recommended for approval by the Planning Commission at its Octobcr 28, 1993, meeting. 11/8/93 -7- The Planning and Zoning Specialist reported on the two resolutions passed by the Planning Commission and its recommendation to the Council to allow the two parcels of land to be considered for general commerce use. He explained because of the conflict between this application and the Comprehensive Plan, the Comprehensive Plan would have to be amended for the application to proceed. He listed the four types of action recommended to the Council for this evening and explained why the order they were taken in is important. The Planning and Zoning Specialist also reviewed the site plan and explained efforts made by the applicant to provide screening for adjoining properties. The City Manager presented a Resolution Amending City Council Resolution No. 82 - 255 (Comprehensive Plan) Relative to Certain Land Located Along .Brooklyn Boulevard. There was discussion about screening and landscaping. Councilmemher Rosene commented the Planning Commission had done a thorough job of reviewing the application and adding extra points to be considered. Mr. Dave Phillips, the architect for the proposed addition to Brookdale Chrysler Plymouth, asked if it was necessary to receive an approved application for vacation of the drainage easement_ Mayor Paulson replied it was not necessary at this time. RES LUT N ND. 9 -200 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING CIT �OU�ERLZ,�RESOL UL4CA ED ALONG (COMPREHENSIVE PLAN) RELA BROOKLYN BOULEVARD The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. The City Manager presented a Resolution Regarding the Disposition of Planning Commission Application No. 93011 submitted by Brookdale Chrysler Plymouth. R E S0 T N . 9 - 201 Member Dave Rosenc introduced the following resolution and moved its adoption: RESOLUTION REGARDING THE DISPOSITION 4RODALE CHRYSLER Y QMM i l o S 1 IQ1 ; APPLICATION NQ. 93011 SUBMITTE D7 The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. " 8 11/8/93 The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to approve for first reading An Ordinance Amending Chapter 35 of the City Ordinances Regarding g g din the Zoning Designation of Certain Land. The motion passed unanimously. PLA NNIN G COMMISSION APPLI ATXON NO, 9_ 01 _$ ROOKDALE CHRYSLER PLYMOUTH The City Manager introduced Planning Commission Application No. 93014 submitted by Brookdale Chrysler Plymouth. Request for preliminary plat approval to combine the Brookdale Chrysler Plymouth property immediately to the south at 6107 Brooklyn Boulevard into a single parcel. This application was recommended for approval by the Planning Commission at its October 28, 1993, meeting. The Planning and Zoning Specialist explained the details of this application with assistance of the overhead projector. The r e Y was a motion b Councilmember Scott and seconded by Councilmember Rosene to approve Planning Commission Application No. 93014 submitted by Brookdale Chrysler Plymouth subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City ordinances which may include the need for subdivision agreement regarding additional costs for utility service lines and hook ups. the necess a from the Shingle �e app licant shall ap for and receive rY 3. Tl app pp Y Creek Watershed Management Commission prior to final plat approval by the City Council. 4. The applicant shall receive approval of Planning Commission Application No. 93011 and shall have entered into any necessary development agreements prior to final plat approval and the filing of this plat with Hennepin County. The motion passed unanimously. OI,DINA CE T he C g i al M� is er introduced An Ordinance Vacating a Drainage and Utility Easement in h Tract E, Registered Land Survey No. 546. He indicated the vacation of this easement is in conjunction with the relocation of public utilities near Omni Tool, 3500 - 48th Avenue North. He added this ordinance is recommended for first reading tonight. 1118193 -9 Councilmember Rosene asked if it would make more sense to have the new easement ready before vacating the old one. The City Manager explained that the new one is ready and that is the plan. The Director of Public Works explained the owners are in the process of relocating the utilities, and all will be completed by the time of the second hearing. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve for first reading An Ordinance Vacating a Drainage and Utility Easement in Tract E, Registered Land Survey No. 546. The motion passed unanimously. DISCUSSION LTEMS FOLLOW -UP REPORT RF- - .LLEAR XI IEW TRIANGLE AT 5120 EAST TWIN LAKE BOULEVARD The City Manager explained he had received a request to table the Clear View Triangle complaint until the November 22, 1993, Council meeting since Mr. Middlestedt could not appear at this evening's meeting. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to table the follow -up- report regarding the Clear View Triangle at 5120 East Twin Lake Boulevard until the November 22,1993, Council meeting. The motion passed unanimously. TREE CITY USA A PPLIC TIO The City Manager introduced the topic of Tree City USA designation for discussion. The Public Works Coordinator explained the application renewal process for the City to be designated a Tree City again for 1993 and gave a brief update of forestry activities and future needs. She explained at the Council's request a Tree Advisory Board could be set up to provide Brooklyn Center residents with a way to get more information about tree planting and other forestry issues and gave a brief report on diseased tree removal. Councilmember Rosene said he favurcd the idea of a Tree Advisory Board, and explained on his street every tree is too short a distance to the street to conform with the established standards for tree planting. The Public Works Coordinator said there were several neighborhoods that planted trees that way in the 60's. Councilmember Scott commented if the City is going to give information about where people should not plant trees, she would like emphasis placed on not planting under power lines. She continued residents should be encouraged to be careful before planting, they should find out where phone and gas lines are before digging, and should look to the future as to what size the tree will become when it grows. 11/8/93 - 10- There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to authorize staff to research the function of a volunteer Tree Advisory Hoard and to submit an application for renewal of the City's Tree City USA designation. The motion passed unanimously. 65 .NUFffA1R AK S FOOL T AFFIC The City Manager explained there had been concern expressed at a public hearing on the Park and Ride facility at 65th Avenue regarding the amount of traffic using the grounds of Fair Oaks School as a cut - through to and from Brooklyn Park. Councilmember Rose stated he would like to add options 4 and 5 to the 3 options listed in the Council packet as follows: Option 4, to hire a city resident at a nominal fee to open and close the gates at the school. Option 5, to buy the homes that would be obstructions and run 65th Avenue straight through. He said he is not in favor of Option 5, but thought it should be mentioned, Mayor Paulsen asked if there were any residents of the area who wished to address the Council. Mrs. Gene Hammerlund of 6437 Unity Avenue North gave a history of what has happened with the traffic problem over the years. She explained how a petition of 30 houscholds to s denied b the Principal of Fair i t in p rocess was y l� have the gate closed when school was no p Oaks School. She explained now that the gate is installed, it is not being closed at the proper times. She said she would like to see the area permanently closed to vehicles. Mr. Gene Hammerlund of 6437 Unity Avenue North stated he had filed a traffic complaint in May of 1992. He gave figures from a Brooklyn Center traffic count giving an average number of cars per day of 750. He explained a survey he had personally taken of 110 houses on Unity Avenue, Winchester Lane, and 65th Avenue in which only four persons polled desired the gates be left open. He told of visiting the school earlier this evening to find the gates closed but being unlocked by the janitor for a Girl Scout meeting. Councilmember Rosene commented Mr. Hammerlund has seen semi trucks drive through the school on school days. Ms. Lynn Sherohman, 4404 65th Avenue North said she had been wondering why so much more traffic had been in the area, and when she found out the gates had been left open slie knew why. Mr. Travis Brown of 5230 65th Avenue North pointed out if drivers in the area ignore the signs saying NO THROUGH TRAFFIC, think of the other traffic laws they are violating. He also said if the school keeps denying there is a problem, then why are there four speed bumps in the area. 11/8/93 i C;ouncilmembe Rosene responded to the point made arls to to e during you nl Y S° foru He agreed that it's not good for Brooklyn through to get to or from where you want to be. Councilmember Kallibher iliquired whether the City can make the school district comply with shutting the wi gates. ates. The City Managcr explained anything that takes place on school property is beyond the jurisdiction of the City. Councilmember Roscnc suggested if there is adjoining City -owned property a gate could be constructed on that and be closed at all times. He also asked if the school district had been notified the Council is considering any action and added they should be notified as soon as possible. The City Managcr said Option 3, as detailed in the Council packet, is the option recommended by staff. Councilmember Kallighcr stated her opinion the school district should be notified before any action is taken to see if they may have their own solution. Councilmember Scott agreed with her, while she stressed the importance of finding a permanent solution. Councilmcmber Rosene questioned what could be done as far as law enforcement in the area, and there was some discussion about the border between the two cities being an area where both could be tempted to say it's in the jurisdiction of the ether, Councilmember Scott commented there are mutual aid pacts been all h neighboring Fair eS, and j s Brooklyn Park be contacted with regard to p School. There was a motion made by Councilmember Rosene and seconded o by rC ht c l stub S cott to direct staff to draft and design a report regarding vacate g nent at Winchester Lane, retaining the sidewalk ease a designing bike installing a p en pub b which allows emergency vehicle and pedestrian hearing process, review the report with the school district, a Brooklyn Park, n the nc School mo law enforcement on border of the two cities, provide Board and the Principal of Fair Oaks School. The motion passed unanimously. A brief recess was taken for the purpose of changing the videotape, and the Council reconvened at 9;10 p.m. P R I I L W S VI E The City Manager introduced the discussion item regarding the Council's involvement in the Selection process of city attorney. 11/8/93 she Councilmcmber Kalligher stressed the importance of the se ec onbpr pr ocess Concurred. would like to see the Council interview the candidates. Counc Councilmember Scott agreed it is important for the Cou s uggested b sta involve re vi w the R t did not it would be expedient to interview all the candidates. and narrow them down to a workable number. Mayor Paulson suggested staff review Rl~Ps, narrow them down, and pick five for the Council to interview so the Council stays involved in the process and there is a balance between staff recommendation and Council invo lvement. The City Manager suggested staff rank the candidates for the Council's benefit, All on the Council were in agreement with this procedure. ON lI )ER ON O F BR U YN ��' EMBERSPIIP IN FIVE CITE'_ r MM NI'T`Y HQ S I NGDEVETOPMENTORGANIZA TI N CHD J Co mmunity The City Manager explained the Council is considering participation in he Housing Development Organization (CHDO). The Community Development Specialist gave a report o th ac He e pointed d o di CHDOhe program, including a time line for when activities would g is an independent nonprofit corporation and recommended the Council to authorize 0 membership in the program. Councilmember Scott asked if it would be allowed to b a g pro lect de si g ne d l fo mer Kalllgher sugg ested eresident aff be directed to make such a housing project a priority. The Community Develuprnent Specialist responded he would lha to ex p fo th m flexibility, but he thought it would be a good fit and agree d housing p handicapped residents would be a good type of project for the City. Mayor Paulson asked the Council their feelings on making the City Manager the representative for CHDO. The City Manager explained it would be "City Manager or designee," which probably meant the Community Development Specialist would be quite involved, and pointed out CHDO membership does not commit Council for any funding. The Ci ty Manager introduced a Resolution Authorizing th De e1of Bend lyn r Cen t is Membership in the CO -OP Northwest rthwe t�Co Revitalization Corporation, and (CHDO) Also Known as the co -OP directing City staff to pursue the possibility of donating d. a handicap housing unit, 0 and naming the City Manager or designee as the representative. -13- 11/8193 ESOLUTION NO 93 R -2Q2 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER'S MEMBERSHIP IN THE CO -OP NORTHWEST COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) ALSO KNOW AS THE CO -OP NORTHWEST COMMUNITY REVITALIZATION CORPORATION The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. CAPITAL IMPROVEMENTS FUND EXPENDITURE POLICY The City Manager explained the Council had asked the Financial Commission to develop a policy to guide the approval of projects to be paid for by the Capital Improvements Fund. He said the Commission and staff had come up with a draft policy for that purpose and recommended the Council consider and adopt it. Councilmember Kalligher asked if there had been such a policy in the past, and the City Manager explained this is new and taken from a similar policy in the City of Minnetonka. The Finance Director explained not many cities have a Capital Improvements Fund with this much money in it and said there is usually 5 to ti million dollars in the fund with a minimum balance of 3 million for emergency use. Mayor Paulson asked why the four - fifths majority necessary for expenditures had been put into the police. The Finance Director explained that for such major expenditures the Finance Commission wanted a broad consensus of the City Council. Councilmember Scott expressed concern over the logistics of a four - fifths majority in the event of an emergency and needing quick access to the funds. Councilmember Kalligher said she would feel better if there was a clause allowing fund usage for emergencies. Donn Escher, Chairman of the Financial Commission, explained they had discussed that and could not satisfactorily define emergency for the policy so they left it out. Mr. Escher continued the, Council. can change the policy at any time as needed by a majority vote, not an extraordinary majority vote, Councilmember Scott suggested the definition of emergency as anything that immediately impairs the health, welfare, and safety of the community. The City Attorney explained in an emergency action is taken first and then which fund it comes out of is decided later, so there would be no time delay in responding to a crisis. 11/8/93 - 14 - Councilmember Rosene and Councilmember Kalligher both expressed concern that sornotinles 'lot all Councilmembers are at meetings, which could make the four -fifths majority difficult. Councilmember Scott recommended the four- fifths majority is kept in the policy, and if not all C.ounciliurmbers are present at a meeting, the vote mould wait until the next malting when all mcrnbers of the Council were present. Mayor Paulson noted an extraordinary majority could be detrimental as an extraordinary minority could black action by not showing up for meetings, Councilmember Kalligher said she was uncomfortable even deciding this issue with one Cowwilmcmber absent tonight and suggested tabling the item, The City Manager recommended using the policy as a guideline as budget considerations arc made to sec if it is a held or hindrance. The Financial Commission Chairman agreed with this idea, and added the four - fifths majority requirement is not because of lack of tnist, but because decisions regarding such a large amount of money shouldn't be decided by too few people. Councilmember Scott complimented the Financial Commission on the policy. She said it is a food policy and not too wordy. There was a motion by Councilmember Kalligher and seconded by Councilmember Roscnc to table this agenda item until a meeting in January when all five Councilmcmbers are scheduled to be present. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmembcr Kalligher acid seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously, The Brooklyn Center City Council adjourned at 10:10 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton TimcSavur Off Site Secretarial 11/8/93 - 15 - CITY OF BROOKLYN CENTER council Meeting Date 11 Agenda Item Q Number v a1 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation DEPT. Al AL: Sharon Knutson, Deputy City Clerk , * O*n MANAGER'S REVIEW/RECONEWENDATION: No comments to supplement this report Comments below /attached SUNEMLRY EXPLANATION: (supplemental sheets attached ) John R. Simace vice resident of American Risk Services Inc. is recommending u • � P g dates to the P City Ordinances in the area of insurance requirements. Section 21 -103 of the City Ordinances reflects his recommendation for increasing the insurance requirements for taxicabs. Section 21 -105 adds a requirement for taxicabs to provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license and defines the Twin Cities metropolitan area. This requirement will eliminate our present administrative process to have the taxicab inspected at our inspection station, currently Duke's Amoco. With the elimination of the required inspection at Duke's Amoco, the City - will save the cost of the inspection fee ($15 per taxicab). RECOMMENDED CITY COUNCIL ACTION Approve for first reading An Ordinance Amending Chapter 21 of the City Ordinances Regarding Public Transportation. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1993, at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 21 of the City Ordinances regarding public transportation. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY ORDINANCES REGARDING PUBLIC TRANSPORTATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator he shall [deposit with] furnish the city clerk a certificates] of insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed) . [duly licensed to transact such business in Minnesota.] Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death[,] or for damages to property resulting from the ownership, maintenance, or use of any taxicab to be licensed_[, and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy. The limit in any such insurance policy shall be not less than $100,000 for bodily injuries to or death of one person, $300,000 on account of any accident resulting in injuries to and /or death of more than one person at a total of $50,000 liability for damage to property of others, rising out of any one accident.] The policy shall cover all owned, hired, or nonowned vehicles used by the operator. The minimum limits to be carried shall not be less than: 1. Bodily Injury Liability a. $250,000 each person b. $500,000 each occurrence 2. Property Damage Liability a. 250 000 each occurrence ORDINANCE NO. Evidence of such insurance will be in the form of a Certificate of Insurance (ACORD or its equivalent) and shall state that the insurance cannot be canceled, nonrenewed or undergo any malor change in coverage without 30 days prior written notice. Such Certificate shall be furnished to the city clerk prior to the issuance of any license. Section 21 -105. EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the police department upon reasonable notice. The applicant applying for a taxicab license shall provide a copy of a vehicle inspection certificate issued by a public agency in the Twin Cities metropolitan area within the past three months from the date of application for license. Taxicabs must be in a thoroughly safe condition and must be clean, sanitary, and of good appearance. The TWIN CITIES METROPOLITAN AREA is defined as being comprised of the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Section 2. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this day of , 1993. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) Northwest BusinessCanttpus 3033 Campus Drive, Suite A41 R American Risk Services, Inc. Minneapolis, N1 55441 -2667 1'el: (612) 559 -7300 1'ax: (612) 559 -7(.40 November 5, 1993 Ms. Sharon Knutson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: City's Ordinance Regarding Taxicabs Dear Sharon: Per your request I am enclosing my suggested wording for Section 21 -103 of CHAPTER 21 - PUBLIC TRANSPORTATION. I am assuming that there are no off - street taxicab stands or parking areas owned by the taxicab companies. If there are, then we should make some additional insurance requirements relative to General Liability coverages. The previous limits of liability under this ordinance were as follows: Bodily Injury Liability $ 100,000 each person $ 300,000 each occurrence Property Damage Liability $ 50,000 each occurrence In today's values these limits are very low, accordingly, the limits I show are the recommended limits. I have not contacted the insurance carriers to see the availability of these limits, but will do so and advise you accordingly. I hope this fully complies with your request. Please let me know if you do have any questions. Sin y, 't hn R. Simacek Vice President J RS /na 0 Enclosure Risk Management • Employee Benefits Consultants CHAPTER 21 - PUBLIC TRANSPORTATION Section 21 -103. INSURANCE POLICIES. Before a license shall be issued to any operator he /she shall furnish the City Clerk a Certificate of Insurance issued by an insurance company who has a Certificate of Authorization from the State of Minnesota (licensed). Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injury or death or for damage to property resulting from the ownership, maintenance or use of any taxicab to be licensed. The policy shall cover all owned, hired or non -owned vehicles used by the operator. The minimum limits to be carried shall not be less than: Bodily Injury Liability $ 250,000 each person $ 500,000 each occurrence Property Damage Liability $ 250,000 each occurrence Evidence of such insurance shall be in the form of a Certificate of Insurance (ACORD or it equivalent) and shall state that the insurance cannot be canceled, nonrenewed or undergo any major change in coverage without 30 days prior written notice. Such Certificate shall be furnished to the City Clerk prior to the issuance of any license. CITY OF BROOKLYN CENTER Council Meeting Date 11;2 Agenda Item Number /4(,1 • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STATUS REPORT RE: PROPOSED 1994 IMPROVEMENTS 1. Project No. 1994 -02 — James, Knox & 54th Avenues 2. Project No. 1994 -05 — Humboldt Avenue 3. Project No. 1994 -07 — 73rd Avenue 4. Project No. 1994 -11 — Northwest Area DEPT. APPROVAL: Sy Knapp, ector of Public Works MANAGER' RE r S VIEW /RECOMl��NDATION. No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Ices Submitted herewith are detailed status reports regarding each of the following improvements which are under consideration in the City's 1994 improvement program: Project No. 1994 -01 — James, Knox & 54th Avenues Project No. 1994 -05 — Humboldt Avenue Project No. 1994 -07 — 73rd Avenue Project No. 1994 -11 — Northwest Area Staff will be prepared to discuss these reports in more detail at the 11/22/93 Council meeting. RECOMMENDED CITY COUNCIL ACTION RE: ACTIONS REQUIRED James, Knox & 54th Avenues Reaffirm approval of the Building Block process Humboldt Avenue Reaffirm approval of the Building Block process, or define a revised process Also Consider establishment of a "larger neighborhooesteering committee to work with City staff on continued discussion of issues and development of options for improvements 73rd Avenue Reaffirm approval of the Building Block process, or define a revised process Also, if a "larger neighborhood" steering committee is established in relation to Humboldt Avenue, 73rd Avenue representatives should be included in that committee. Northwest Area Reaffirm approval of the Building Block Process Also Adopt motion selecting financing option for storm drainage system improvements. • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER F AX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: City Council Members FROM: Sy Knapp, Director of Public Works DATE: November 18, 1993 SUBJ: James /Knox/ and 54th Avenues Proposed Improvement Project No. 1994 -01 On 7/26/93 the City Council selected six "candidate" street and utility improvement project areas for consideration in a 1994 improvement program, approved the "building block" process (see attached graphic) and directed staff to conduct informational meetings (Step 3 of the process) regarding those six project areas. As previously reported, initial informational meetings have been held in 4 of those project areas. The other two project areas (on 57th Avenue North, and on Willow Lane) have been deleted from consideration in 1994, by Council action on 10/12/93. James /Knox /54th Avenue Feasibility Study Status This report summarizes the work items initiated to date, their current status, and staff recommendations for future consideration of possible improvements to James, Knox and 54th Avenues: • An initial Informational Meeting (Step 3 of the Building Block process) was held on 9/15/93 at Earle Brown Elementary School. As previously reported to the City Council, only one citizen attended that meeting • Development of feasibility studies on this project area were completed in 1993 as part of the larger Southeast area project which was under consideration then. • A followup mail survey was conducted to evaluate the interest in, and need for a Step 5 worksession. The majority of responses received suggested going directly to Step 7 (i.e. — a general informational meeting, just in advance of sending individual petitions to all property owners). For this purpose, staff will hold special "one -on- one meetings with these residents. Respectfull submitted, Sy Knapp 1986ALLfA�fUCACffY Attachments "BUILDING BLOCK" PROCESS OUTLINE FOR PROPOSED 1994 STREET IMPROVEMENT PROGRAM -10- Construction (if ordered by) City Council following Public Hearing) -8- -9- Individual Public Hearing Petitions by Following City Council Informational Meetings & (Citizen's fifth Mailings opportunity 0 (Authorized by for City Cou ncil) participation) -4- -5- -6- -7- Field Surveys Studies Staff Complete • TV sewers Worksessions Feasibility Informational • Inspect with Report Meetings watermains Citizens & • other (continued Initiate Plans (conducted by (Authorized by discussion) and City Staff) City Council) Specifications -1- -2- -3- Preliminary Studies Preliminary Meeting with Property Owners L(by ection of • Costs - (by staff) need for project - ?- ndidate • Benefits related improvements rojects (by independent design issues ty Cou ncil) appraiser) costs, special • Financing (by City staff) assessments • others (by staff) CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 :BROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: City Council Members FROM: Sy Knapp, Director of Public Works DATE: November 18, 1993 SUBJ: Humboldt Avenue North - 69th to 73rd Avenues North Proposed Improvement Project No. 1994 -05 On 7/26/93 the City Council selected six candidate street and utility improvement project areas for consideration in a 1994 improvement program, approved the "building block" process (see attached graphic) and directed staff to conduct informational meetings (Step 3 of the process) regarding those six project areas. As previously reported, initial informational meetings have been held in 4 of those project areas. The other two project areas (on 57th Avenue North, and on Willow Lane) have been deleted from consideration in 1994, by Council action on 10/12/93. Humboldt Avenue Feasibility Study Status This report summarizes the work items initiated to date, their current status, and staff recommendations for future consideration of possible improvements to Humboldt Avenue between 69th and 73rd Avenues: • Initial Informational Meeting (Step 3 of the Building Block process) was held on 9/1/93 at Evergreen School. As previously reported to the City Council, attendance at this meeting was good with lively citizen participation. The major concern voiced by these citizens is the heavy volume of traffic on Humboldt Avenue — particularly, the "through traffic". • Development of feasibility studies and a traffic study (Step 4 of the Building Block process) were authorized by the City Council on 9/13/93. Following is a summary of work and studies completed to date: c 1986ALLAA&PoCACfiY � ✓ Topographic Survey Status: Engineering Department personnel began the necessary field work for a "topographic survey" along Humboldt Avenue on Monday, November 8, and over the next few weeks will be providing design survey information and inventories of existing street and utility features. The information being collected includes pavement widths and elevations, driveway and tree locations, driveway slopes, manhole, catchbasins and valve locations, sidewalk and boulevard locations and elevations, information regarding City -owned utilities and privately -owned utilities, etc. ✓ Geotechnical Study Status: Three soil borings were taken on Humboldt Avenue during mid - October for the purpose of helping to determine what conditions might be encountered during a potential street and utility reconstruction project. Also, tests on the native soils were performed to determine their impact on the design of the proposed pavement. The preliminary report from the geotechnical study is that the soils are generally granular, and shouldn't present any extraordinary problems with regard to potential street or utility reconstruction. ✓ Television Inspection of Sewer Status: All of the sanitary and storm sewers in the areas affected by the 1994 Street Improvement Program have had televised inspections, and reports and interpretations are forthcoming. However, it doesn't appear at this time that any extensive repairs to or replacements of the sanitary sewer system in Humboldt Avenue are necessary. ✓ Other Studies of the Public Utility Systems: It appears that the storm drainage needs of Humboldt Avenue can be accommodated with minor revisions of or additions to the existing system. Based on the information available at the time of this report, we are still anticipating that the corrosive effects of the existing soils together with the potential trench effects are going to require that we replace the existing water mains in Humboldt Avenue —if the roadway is to be reconstructed. ✓ Traffic Study Status (see special report attached): Note The attached report only provides information regarding developmental history of Humboldt Avenue and the Northeast neighborhood and information regarding current conditions. That report specifically, and intentionally avoids discussion of any possible "solutions" because we believe it is important to understand existing conditions and problems before attempting to provide solutions. ✓ Benefit Analysis for Special Assessments Status: As directed by the City Council, staff is preparing a Request for Proposal (RFP) to be submitted to qualified appraisers. However, because of the uncertainties regarding the design of roadway improvements, staff recommends delaying this effort until some tentative decisions are made regarding design options. Where to from Here? Based on the Building Block process, the next step (Step 5) of the process is for staff to conduct work sessions (as many as needed) to attempt to: (1) develop a full understanding of existing conditions and issues, by staff and by citizens; (2) to identify, evaluate and discuss possible options for dealing with the problems and issues; and finally (3) develop a consensus for proceeding with a viable option (or options). Staff is prepared and willing to do so, if the City Council agrees to continue the process originally approved. However, because of the intense interest regarding this project by citizens and by Council members, we ask the Council to reaffirm its approval of the process, or to define a revised process. If the Council reaffirms its approval of the building block process as previously approved, staff will send letters to all property owners on the 69th to 73rd Avenues section of Humboldt Avenue and (1) enclose the information contained in this report; (2) advise them that staff will meet with a citizen "steering committee" and invite them to attend such meeting(s) if they wish; (3) advise them that the general informational progress meeting(s) (Step 7 of the process) would be held as the steering committee progresses through its studies; and (4) reminding them of Steps 8 and 9 of the process (i.e.: individual petitions and formal public hearing(s). Such letters would be sent out during the week of 11/22 and our first meeting with the steering committee could be held during the week of December 6. If, alternatively, the Council wishes to amend the process, we ask the Council to clearly define the amended process, so that staff and the citizens clearly understand it. Finally, regardless of which process the City Council directs staff to follow, regarding the involvement of citizens on Humboldt Avenue, staff also requests the Council's direction regarding the involvement of citizens in the greater neighborhood. At a 11/15/93 meeting of staff (G. Splinter and myself) and two Humboldt Avenue residents (Dave Olsen and Mike Schwartz) we agreed that a "steering committee" should represent the larger neighborhood, but yet needs to be limited in size (to between 6 and 10 members). Representation from each of the following areas should be included. • Humboldt Avenue in Brooklyn Center • Humboldt Avenue in Brooklyn Park • 73rd Avenue from 252 to Palmer Lake • Newton Avenue (because Newton is a through street from 69th Avenue to Brookdale Drive) • The area between Newton and Humboldt • Dupont Avenue (because Dupont is a through street) • The area between Dupont and Humboldt We request that Council consider appointing such a steering committee as soon as possible, so a meaningful communication process may begin. Respectfully submitted, .r Sy Knapp Attachments • "BUILDING BLOCK" PROCESS OUTLINE FOR PROPOSED 1994 STREET IMPROVEMENT PROGRAM -10- Construction (if ordered by) City Council following Public Hearing) -8- -9- Individual Public Hearing Petitions by Following City Council Informational Meetings & (Citizen's fifth Mailings opportunity (Authorized by for City Council participation) -4- -5- -6- -7- Field Surveys Studies Staff Complete • TV sewers Worksessions Feasibility Informational • Inspect with Report Meetings watermains Citizens & • other (continued Initiate Plans (conducted by (Authorized by discussion) and City Staff) City Council) Specifications -1- -2- -3- Preliminary Studies Preliminary Meeting with Property Owners Selection of • Costs - (by staff) need for project - ?- Candidate • Benefits related improvements Projects (by independent design issues (by City Council) appraiser) costs, special • Financing (by City staff) assessments • others (by staff) HUMBOLDT AVENUE TRAFFIC STUDIES STATUS REPORT - 11/18/93 1. License Plate Survey On 9/13/93 the City Council authorized staff and consultant Strgar Roscoe Fausch, Inc. (SRF) to conduct a license plate survey for the purpose of "tracking through" vehicles to see which vehicles go essentially non -stop through on Humboldt Avenue from T.H. 252 to T.H. 100. Staff conducted the "field work" (i.e.— recorded all license plates passing certain points along Humboldt Avenue) during the peak hours 6:30 a.m. to 8:30 a.m. and 4:30 p.m. to 6:30 p.m. on Tuesday, September 28, 1993. That information was then submitted to SRF for analysis by use of their computer program. A map of the study area (Exhibit A) is attached, to facilitate discussion of the issues and information. Attached hereto (Exhibit B) is a copy of SRF's 11/17/93 summary of their findings. Following are staff's comments regarding SRF's findings, and the validity of this study. ✓ SRF's analysis shows: 23% of the traffic on Humboldt Avenue, south of T.H. 252, during the peak morning hour (7 a.m. to 8 a.m.) on 9/28/93 was through traffic (from T. H. 252 to T. H. 100). 9% of the traffic on Humboldt Avenue, coming off T.H. 100 during the peak afternoon hour (4:30 p.m. to 5:30 p.m). on 9/28/93 was through traffic (from T.H. 100 to T.H. 252). ✓ Because of various expressions of concern regarding techniques used in the survey and indications of inconsistencies with other data, the validity of that survey is in question. To test the validity of that sruvey, City staff took regular traffic counts (i.e. "tube" counts) on Humboldt Avenue, just south of T.H. 252 during October 29 through November 5, 1993 (see Exhibit C attached) . These tube counts have indicated much higher average daily traffic volumes on Humboldt than were recorded on 9/28/93 ... causing a serious credibility problem... i.e. —the vehicles which we recorded on 9/28/93 may not have been a true "sample" of the total traffic. Both the total counts and the percentages 1 from that analysis now appear to be lower than the average daily traffic condition. Accordingly, a new license plate survey was conducted during the morning rush hour period on Wednesday, November 17, 1993. ( Note : Because of darkness during the afternoon rush hour period, it was not practical to read license plates during that period.) Various changes were made in our technique reading the licenses, in an attempt to ensure more complete, reliable results. Analysis and evaluation of this data should be available within 2 weeks. Note The major reasons for getting these counts are: 1. we (citizens, Council, and staff) need to better understand what's now happening; and 2. we need to be able to give meaningful, reliable information to Brooklyn Park and to MNDOT when we discuss possible solutions with them. 2. Traffic Signal Warrant Study On 9/13/93 the City Council also authorized staff and SRF to conduct traffic signal warrant studies for the Humboldt Avenue /69th Avenue intersection, and for the • Humboldt Avenue /73rd Avenue intersection. Staff conducted the field work needed for this analysis on Wednesday, September 29, 1993 and submitted that data to SRF for analysis. A copy of SRF's 11/15/93 report summarizing their findings (Exhibit D) is attached. Following are staff's comments regarding that report, the validity of this study, and our recommendations: ✓ At the Step 3 informational meeting, several citizens suggested installation of signals at these locations, based on their apparent belief that signals would assist in managing traffic, reduce accidents, and discourage through traffic. Staff believes that in many situations, signals do assist in managing traffic and reducing accidents. However, it is doubtful that signals would discourage any significant amount of traffic. In fact, the installation of traffic signals may well encourage more traffic under some conditions. ✓ SRF's report indicates that, under existing conditions, the installation of traffic signals at the Humboldt Avenue /69th Avenue intersection would be warranted (i.e. —the existing traffic conditions would justify the installation of signals as an effective way of managing traffic through the intersection). However, the 2 decision of whether or not to install signals is one which needs to include consideration of other factors. ✓ SRF's report also indicates that, under existing conditions, the installation of traffic signals at the Humboldt Avenue /73rd Avenue intersection is probably warranted. Because of the "platooning" effect created by traffic signals, the installation of signals at 73rd might provide some improvement in the ability of Humboldt Avenue residents to exit their driveways, especially during the morning rush hours. However, as noted above, additional studies are needed to evaluate all of the impacts of signal installation at this intersection. ✓ Because of the many other issues relating to possible improvements to this roadway, staff recommends that any decision of whether to install, or not to install signals at these locations be deferred until a consensus is achieved regarding roadway design. 3. Review of Information Submitted by Citizens Following is a summary of valuable information submitted by citizens: ✓ At morning peak times, southbound traffic on Humboldt stopping at 73rd Avenue can back up considerably. Some drivers bypass this back up by using the right turn lane which is designated and signed as a "Right Turn Only" lane. These vehicles turn right onto 73rd, and then immediately U -turn or turn- around using a private driveway. The drivers will then either turn right to continue southbound on Humboldt, or proceed east on 73rd. An informal survey conducted by the residents recorded the license plates of 27 drivers in the period 7:20 a.m.. - 7:50 a.m. License plate registrations indicate that: • Fourteen of the 27, or just over half, were registered to addresses in the suburbs north of Brooklyn Park, Andover, Blaine, Coon Rapids, etc. — likely T.H. 252 bypassers. • One was from the neighborhood, and two others from other addresses in Brooklyn Center and Brooklyn Park. ✓ Drivers on Humboldt Avenue frequently drive up on the boulevard to pass on the right. Many residents reported torn -up boulevards, destroyed mailboxes, etc. ■ Five were registered in other Metro area cities, and one from out of the Metro area. Four license plates were not on file. 3 ✓ The neighborhood group conducted a series of traffic counts along Humboldt Avenue, including turning movements to and from Humboldt at the cross streets. This data is being considered as part of the overall analysis. One item of note is that the residents estimated the number of cars turning off T.H. 252 onto Humboldt during morning rush hour as about 1,500. As shown in Exhibit C, the four -day average of actual traffic counts was 1,288 during the period 6:00 a. in. to 8:00 a. in. ✓ Residents report a pattern of verbal and "sign language" harassment from other drivers when they slow or stop to turn into their driveways, or when they attempt to back out onto Humboldt. Especially in the morning, residents report it is very difficult to back out of their driveways, as there are few breaks in traffic. ✓ Pedestrians find it hazardous to cross Humboldt, and a crossing guard for Evergreen School reports that traffic routinely ignores her attempts to cross school children. One resident reports that some young students at Evergreen Elementary School are crossing Humboldt Avenue in early morning hours before crossing guards start) to participate in the school's breakfast program. ✓ Traffic volumes vary considerably from day -to -day, with traffic congestion on T.H. 252 having a strong cause /effect relationship to traffic volumes, congestion and harassment on Humboldt Avenue. ✓ On days when T.H. 252 is heavily congested, or when accidents occur on T.H. 252 "Metro Traffic Control" makes public announcements recommending that drivers use Humboldt Avenue as an alternate route. 4. Chronology of Area Development, Transportation System Development and Traffic Volumes on Humboldt Avenue Attached hereto (Exhibit E) is a tabular chronology which attempts to summarize: (1) significant events in the history of development in this area; (2) the major events in the history of development of the transportation system which serves this area; and (3) traffic volume information at various locations on Humboldt Avenue, from 1966 to the present. This same information is also depicted graphically in Exhibit F. 5. Review of 73rd Avenue Traffic Origins A different form of "license plate study" was conducted by staff relating to traffic issues identified by citizens on 73rd Avenue, between Humboldt Avenue and T.H. 252. This study attempted to find answers to the citizens' question about the "trip origin" of the vehicles which use 73rd Avenue. To evaluate this matter, staff simply 4 recorded the license numbers of all vehicles on 73rd Avenue which turned right onto T.H. 252 in the morning rush hours, and left from T.H. 252 onto 73rd in the afternoon rush hours on October 20, 1993. Staff then worked with the Brooklyn Center Police Department to obtain an approximate address to which each license was registered, then plotted that "trip origin" on a map. The results of this study are summarized on Exhibit G. Following is a summary of our analysis of this information: ✓ A total of 428 license plates were recorded from 7:00 a.m. to 9:00 a.m. • Of those, 101 (24 percent) were registered to addresses between T.H. 252 and Palmer Lake, and between 71st Avenue in Brooklyn Center and Brookdale Drive in Brooklyn Park —i.e., the "localized" traffic. An additional 46 plates were registered to addresses in the neighborhood just north of Brookdale Drive, for a total of 35 ep rcent of the license plates registered to addresses in that larger neighborhood. • Seventy -three vehicles were registered to addresses in other neighborhoods of Brooklyn Center and Brooklyn Park. • A total of 52 percent of the a.m. plates were registered in Brooklyn Center or Brooklyn Park. . ■ Only 53 (12 percent) of the license plates recorded were registered to addresses in the suburbs north of Brooklyn Park — Andover, Blaine, Coon Rapids, Champlin, etc. ✓ A total of 431 license plates were recorded from 3:45 p.m. to 5:45 p.m. • Of those, 118 (27 percent) were registered in the immediate neighborhood. • An additional 72 plates were registered to addresses just to the north, for a total of 44 percent from the larger neighborhood. • Eighty -three plates, or 19 percent were registered to addresses elsewhere in Brooklyn Center or Brooklyn Park. • A total of 63 percent of the p.m. plates were registered in Brooklyn Center or Brooklyn Park. Regarding both the morning and afternoon counts, a surprising number of license plates were registered to addresses outside of the Metro area or from out of state. While some of these can be attributed to visitors, or to registrations which haven't been updated since a move, the total was more than expected. Many more than 5 expected were addressed within the Metro area in cities such as Minneapolis and St. Paul (38 in the morning), Eden Prairie, Wayzata, Maple Grove, Golden Valley, Crystal, Plymouth, etc. Some other explanations might include day care arrangements, car pools, employment, visitation of noncustodial children, or being lost. Nearly all of the results from this survey were surprising, and many are unexplained at this time. 6. Information Regarding Planned Improvements to Transportation System in the Area In discussions with the Minnesota Department of Transportation ( MNDOT) we have been advised that: ✓ The construction of proposed T.H. 610 from the Mississippi River to Noble Avenue in Brooklyn Park has been delayed until the late 90's. Construction of T.H. 610 westerly from Noble Avenue to I -94 in Maple Grove will not occur before year 2000. Comments MNDOT officials believe completion of T.H. 610 will somewhat reduce (at least temporarily) the traffic volumes on T.H. 252. However, we have no reason to believe this would reduce the volume of traffic using Humboldt Avenue. ✓ The construction of "3rd- lane" improvements on T.H. 252 between 73rd and 93rd Avenues, is generally expected to be accomplished with, or at the same time, as the T.H. 610 construction. Comment Development of 3rd -lane improvements would probably somewhat reduce the volume of traffic using Humboldt Avenue. However, such reduction will probably not be very significant, even when it does happen. ✓ MNDOT is planning to construct improvements to the northbound lanes on the segment of T.H. 252 between 73rd Avenue and Brookdale Drive in 1994. The bid letting for that project is scheduled for 4/22/94, with construction occurring over a 3 to 4 week period in June or July, 1994. Comment This improvement will probably reduce the volume of afternoon rush hour traffic on 73rd Avenue somewhat, and may reduce the afternoon rush hour traffic on Humboldt Avenue slightly. However, it must also be noted that additional traffic diversion 6 to 73rd Avenue and to Humboldt Avenue will probably occur during the construction period. 7. Police Department November, 1993 Report and September 28, 1993 Report Regarding Traffic Citations Issued on Humboldt Avenue ✓ Looking just at speeding violations, from January to September of 1993, 10 tags were written, compared with 8 total in 1992 and 19 in 1991. ✓ Radar was worked for a total of four hours in the days between 8/26/93 to 9/26/93 —twice during morning rush hour, three times during evening rush hour, and twice at other times. Seven citations were written during that period, 6 in the evening. Radar detail was assigned on seven other occasions, but the work load prohibited the officer from completing the assignment. ✓ Police officers report that they have difficulty monitoring and enforcing speed limits on Humboldt because: • There are few good places from which to conduct the radar check. • In the same way that residents have trouble, when traffic is closely spaced, they can't get out onto Humboldt to follow and pull over the violator. • When a violator is stopped on Humboldt, traffic flow is disrupted. A history of radar surveys indicates that average speed on Humboldt varies from about 29 mph to 34 mph. A radar survey conducted on a Tuesday morning in November, 1992 between 7:30 and 8:30 showed an average speed of just under 33 mph. Only 11 of the 615 cars recorded were traveling in excess of 40 mph. This sruvey was taken from an unmarked vehicle. Speeding is probably not the major problem during rush hours ... i.e.: congestion and harassment are even more serious during these times. Enforcement against such violations is much more difficult because of the subjective nature of these events. 8. Accident Summary Regarding Humboldt Avenue Since 1990, the total number of reported traffic accidents on Humboldt Avenue from 69th to 73rd Avenues was 30 (an average of 8.6 accidents per year). Of the 30 total accidents, 19 occurred at the intersection with 69th Avenue, 5 each at the intersection with 70th and 73rd Avenues, and 1 at the intersection with Amy Lane. 7 Of these 30 reported traffic accidents, 25 were recorded as property damage only, with the remaining 5 involving some degree of personal injury. No traffic accidents during this reporting period involved fatalities. Note These statistics include only reported traffic accidents. No information has been compiled regarding other incidents such as mailbox knockdowns, boulevard /yard /tree /etc. damage, etc. 9. "Driving Time" Survey To define what "benefit" drivers may experience by using Humboldt Avenue as an alternate route between T.H. 252 and T.H. 100, Engineering Department personnel were assigned to drive both routes concurrently on various days and at various times of the day. They were instructed to "drive with the flow" so as to obtain representative results. Those results (see Exhibit H) indicate that on average, the Humboldt Avenue route is approximately 1 /a minutes faster than the 252 route during the morning peak period. 10. Other Information Numerous other sources of information which relate to traffic issues, developmental history, etc. of the Northeast neighborhood exist. As additional information is needed, these sources will be used as references. Note Copies of this report with attached exhibits are being sent to the members of the Humboldt Avenue steering committee. By: Sy Knapp; irect of Public Works Date: November 18, 1993 8 EXHIBIT A M J . � � / J . ry �.._• . , AEIGhWWOD TRAFFIC STUDY a � � � r• m Ka./'� �{ q, �t '�a. / J., �'♦�' 1Y5 �� ..da � , Ip` . In _ r q 4 Y�•' w V I r Y /V �X . LICENSE PLATE STUDY OSSERVATION LOCATIONS `r S'4,_ r / Y •„! li Y� �' X • A.M. SB LOCATION �. ri , 1 � 1 h , . 1 0� uh;Yr•++ +'I i � ''�c'" 4 ' ����nro u. r - I lu G. N,�O�RJ �,.L, n- 1�''t,i"'�d. } hC jjllll �. ` sn.' I X • P.M. NE LOCATION TUES. SEPT. 26, 1993 12 • G. + t d a ■ N.� �` � � WX•Nry N. �� y I ! •� I P h Ltd LAK£ y1S 2 1 I a im M .• `. ,We it 4 �^ + N � { �'K.r �` "� �� t.� _rv.•+r.ta'+C ^� ` .... 1 i j ; tl 4 �,� 1� '1 � ;�0' Its �1„�,,� ` `�.• ��YYyy +` � � �\ �! � • l j y , { T �I �� ��_ :�;.�..,:::��•" -, '` , r te.;- �r :� -=� � 4 ' ,�,�, �r'-. �-./ � :a,'wN j /1+Y �,• � y�� ..+';r , y i � .'s" �' 1 AW- +4 .rr,Y2 ! S J++ l .�•J l I 1� LI ._.�L.. -1 .� I I I STRGAR- ROSCOE- FAUSCI -I, INC. CITY OF BROOKLYN CENTER FIGURE RF ENGINEERS & PLANNERS study A rea/L ocation Ma 1 r1N�r rra, o�alvzo NORTHEAST NEIGHBORHOOD TRAFFIC STUDY SRF STRGAR.ROSCOE FAUSCI, INC. CONSULTING ENGINEERS & PLANNERS T RANSPORTPMN 111 CIVIL g STRU K- C ■ ENVIRONMENTAL r PARKING SRF No. 0931920 November 17, 1993 EXHIBIT B Mr. Mark Maloney, P.E. City Engineer CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway es 55430 Center, Minnesota Brooklyn C , Minn RE: HUMBOLDT AVENUE THROUGH TRAFFIC STUDY DATA ANALYSIS Dear Mark. This letter describes the results of the license plate survey conducted for Humboldt Avenue between T.H. 100 and T.H. 252. License Plate Survey The purpose for the license plate survey was to determine the extent of through traffic on Humbold t Avenue specifically traffic traveling between T.H. 252 and T.H. 100, This Y g p was measured by recording the license plates of vehicles using Humboldt Avenue, just south of T.H. 252 north of 80th Avenue) and just north of T.H. 100 (south of 65th Avenue). The number of license plates matches represent the level of through traffic on Humboldt Avenue. It should be clearly noted that the license plate survey represents a snapshot of peak hour travel on the day of the survey (Tuesday, September 28, 1993), Therefore, the results are subject to typical variations in traffic conditions that result from travel behavior characteristics, roadway incidents including accidents, weather conditions, seasonal variations, etc. Furthermore, Humboldt Avenue is just one element of the area's transportation system. What happens on Humboldt Avenue is affected by traffic patterns and the level of congestion on both T.H. 252, and T.H. 100, and on the level of ramp metering on the day of the survey. Tuesday was selected as the survey date because numerous other studies have shown that middle -of -the -week days (Tuesday, Wednesday, Thursdays) are more "average" than Mondays or Fridays. City staff collected license plates at the following locations: A. Southbound traffic on Humboldt Avenue during the a.m. peak period 1. North of 80th Avenue (south of T.H. 252) 2. North of 69th Avenue 3, South of 65th Avenue (north of 1 -694) Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 -4443 (612) 475 -0010 FAX (612) 475-2429 Mr. Mark Maloney, P.E. -2. November 17, 1993 B. Northbound traffic on Humboldt Avenue during the P.M. peak period 1. South of 65th Avenue (north of 1 -694) 2. South of 73rd Avenue 3. North of 80th Avenue (south of T.H. 252) The result of the license plate matching analysis is as follows: Sout boun A.M. Peak our • License plates recorded south of T.H. 252 475 • License plate matches recorded north of 109 T.H. 100 • Percent through traffic (matches) 23% Np ._ hbound P.M. Peak Hour License plates recorded north of T.H. 100 622 + License plate matches recorded south of 58 T.H. 252 • Percent through traffic (matches) 9% Sincerely, STRGAR- ROSCOE- FAUSCH, INC. M Ferrol O. Robinson Principal TRAFFIC ENGINEERING MANUAL EXHIBIT C LOCATION: 2S Z - COUNTY: ,rJ. STATION NUMBER: COUNT BEGINNING DATE: D DATA BY: a/_ Z- Cx1o, u 11 ,(?ov �r- DATE r .r 3/ AVERAGE of COUNT DAY MON TUE WED THUR FRI SAT SUN WEEKDAY WEEKEND 12 -1 AM S 20 a0 /7 a9 S / 1- J 7 / /� 7 z Z. 2 - 3 � c / � C - 3-4 0 Z 5 8 / '7 S / 4 - 5 8 /D /s -- zz v1y 3 5 - s �y y io 9 �� yo z z — 6 - 7 387 3k(, Paz 9S �/0 r 3-2 7-8 2 f /7 /30/ /a9 / 93� G 8 - 9 Z7 _ 7 773 /-1 a/� 37g /33 Sy �3 93 9 //S 73 69 /G Z 17 /�� �' /yo 10 - 1 1 / 2 /(,- z 9S /lo 11 -12N /a6 /1 7 12 - 1 1;7(, / 1 /o /�/ 1 - 2 //S Olo /� G3 //67 2-3 /5 161 17 2 03 may/ 17Z 72 ' -.2,07 4 �)O �2 Z 5/ 7570 Z/O -2-2S — 4 -5 a/ �y0 0l ? ?��' 7S3 c� � 3 6-7 07 ao/ 7-8 /y7 f5 /SZ // 9 -1 0 /.?3 //.3 is/S / Z 8 /oy �S -- 21 5 10 - 11 73 ,� �� �Y S6 3 / �r 11 -12M 11 3 � 023 �o � / TOTAL 3� )- /� _ fir' �g S J y � L SKETCH O AVERAGE DAILY TRAFFIC Note Counter tube was cut by Remarks: 4 dq r r � - -A snow plow on morning of Friday, November 5. Weekday average counts for period 9:00 A.M. to 3:00 P.M. were determined using Recorder Type: HR ❑ MR ❑ AR ❑ Monday - Thursday values. Machine No. Tape No. File No. Text Ref.: 5- 3.05.01 PORTABLE TRAFFIC RECORDER DATA SHEET FIGURE 5.7 5 -26 SRF STRGAR-ROSCOE-- FAUSCH, INC. CONSULTING ENGINEERS & PLANNERS TRANSFORTATION 0 CML 0 SIktUGTURA.L ■ ENVIRONMENTAL ■ PARK= SRF No. 0931920 November 17, 1993 EXHIBIT D Mr. Mark Maloney, P.E. City Engineer CITY OF BROOKLYN CENTER 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 FEE: HUMBOLDT AVENUE -- TRAFFIC SIGNAL WARRANT ANALYSIS Dear Mark: This letter summarizes the analysis of the traffic data collected by the City during the a.m. and p.m. peak periods on September 29, 1993. These counts were used to determine if traffic signals were warranted at the intersections of Humboldt Avenue with 69th Avenue and with 73rd Avenue. The results of the counts are attached as are the graphic results of the traffic signal ' warrant analysis. The data and analysis indicate the following: • A traffic signal is warranted at 69th Avenue based on both the a.m. and the p.m, peak hour volume warrants. • A traffic signal is warranted at 73rd Avenue based on the a.m. peak hour volume warrant, If p.m. peak hour traffic on Humboldt Avenue were to increase by 70 vehicles (about 7 percent), or if p.m. peak hour traffic on 73rd Avenue were to increase by 20 vehicles (about 7 percent), the p.m. peak hour volume warrant would also be met. If a Signal Justification Report is going to be completed, we would recommend that the City conduct 16 -hour traffic counts at both intersections. Let us know if you need additional information or clarifications. Sincerely, STR / GAR- ROSCOE- FAUSCH, INC. t Ferrol O. Robinson Principal FOR:bba Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 -4443 (612) 475 -4010 FAX (612) 475 -2429 • EXHq&T E.. Humboldt Avenue Chronology Growth, Development, Traffic Counts, and Comments CRITICAL ROADWAY PLANNING TOOL TRAFFIC COMMENTS DATES DESCRIPTION COUNTS Pre 1950's - 2 -lane gravel section road None Unknown Shown on 1956 aerial photo primarily with intersection at TH 100, farmland with becoming a "farm road" at pockets of 73rd development Early to mid Same Village Planning Unknown 50's - Commission established development January, 1950. Zoning begins Ordinance established at the same time. December, 2 -lane, hard surfaced Planning Commission, Unknown Added to State Aid System 1960 (? can't confirm) Zoning Ordinance 1961 2 -lane, hard surfaced, ( ?) Northeast Neighborhood Unknown Plan describes most heavily trafficked intersection at TH 100, Plan streets as TH 100, followed by Lyndale, Humboldt north of 73rd 69th, and Humboldt. Recommends that built as through street to 69th, Humboldt, and Lyndale act as 85th some time between arterial thoroughfares to carry both local 1961 -63 and through traffic. 1964 -65 2 -lane, segment from 65th Northeast Neighborhood Unknown 1 -94 to 70th newly paved, with Plan constructed overpasses at TH 100, I -94 Page 1 • CRITICAL ROADWAY PLANNING TOOL TRAFFIC COMMENTS DATES DESCRIPTION COUNTS 1966 Same Northeast Neighborhood About 400 Northland Estates 3rd Addition (area Development Plan west of Humboldt, north of 71st) continues approved — platted with east -west streets, corner houses fronting on cross streets. 1966 Same 1965 Comprehensive About 400 Comp Plan states Humboldt is an arterial Plan approved and secondary collector. Recommends single-family housing be discouraged on Humboldt because of the high volume of traffic. Forecasts 21,300 cars by 1980. Recommends zoning east side R -4. 1968 Segment from 70th to 73rd 1965 Comprehensive Unknown Northland Estates 4th Addition (houses Houses on newly graded and paved Plan fronting on east side of Humboldt, 70th east side of with new water & sewer to 73rd) considered- much discussion by Humboldt mains, storm drainage Planning Commission and City Council developed about best type of development and minimizing curb cuts on Humboldt. Discussed having developer or property owners install "turnarounds" on property. Approved by Planning Commission 3 -2. Approved unanimously by City Council on May 13, 1968. 60's to early Same 1965 Comprehensive 1,504 ('71) Area south of Brookdale Dr, spot 70s Plan S of 73rd development mostly complete by mid 70s Brooklyn Park development Page 2 CRITICAL ROADWAY PLANNING TOOL TRAFFIC COMMENTS DATES DESCRIPTION COUNTS 1973 Humboldt 65th to 69th 1965 Comprehensive 2,065 ('74) reconstructed & widened to Plan, MSA 5 year Plan S of 73rd 4 lanes Mid -70's Same Same 2,370 ('77) Area N of Brookdale Dr, E of Xerxes, Brooklyn Park S of 73rd W of Sierra Pkwy, S of 85th Development 3,564 ('77) S of Bdale 1, 850 ('77) N of Bdale 1979 Brooklyn Park upgrades 3,090 ('79) Humboldt north of 73rd S of 73rd 1982 Comprehensive Plan Describes Dupont, Humboldt, 73rd, updated 69th, and 65th as neighborhood collector streets 1983 TH 100, Humboldt Avenue 1982 Comprehensive 7,004 ('83) I -694 "high bridge" built Plan S of 73rd constructed 6,515 S of Bdale early to mid 9,377 ('85) Area E of Humboldt, N of Brookdale Dr, 80's S of 73rd W of TH 252; also area N of Brooklyn Park 8,992 80th /James /82nd /Queen, S of 85th, W of development N of 73rd TH 252 8,125 S of Bdale 6,055 N of Bdale Page 3 CRITICAL ROADWAY PLANNING TOOL TRAFFIC COMMENTS DATES DESCRIPTION COUNTS 10/10/87 Same Same 9,000 ('89) TH 252 construction includes direct TH 252 S of 73rd access to TH 100. NOTE: Prior to construction 10,133 construction of TH 252, 81st was complete and N of 73rd connected to Pearson Parkway. open to traffic 10,612 S of Bdale 7,711 N of Bdale 1991 Same Same 9,014 S of 73rd 9,995 N of 73rd 8,929 S of Bdale 7,132 N of Bdale 1993 Same Same 9,934 S of 73rd 9,664 N of 73rd 9,321 S of Bdale 7,422 N of Bdale Page 4 Development of area around and on Humboldt Beginning of Brooklyn Park development growth 0 - Q) (O 0) O) (O - N V CO - (J1 N (O Major development of Brooklyn Park co -4 (o N of Brookdale Dr 1 -694 reconstructed — CO (0 , A CO (O -+ TH 252 constructed II � °' w (0 (o Average Daily Traffic 1 J N PI Q1 O O N O ° O ° O ° O o ° O ° O ° O ° o a n 0 1 S 0 3 Cr 0 CL D (D _ CD z 0 S M oa ' � ' I I I 1 1 I z z W z W z 0 0 0 0 0 0 M W W °° 03 Q Q S S Q Q E Al (D (p 0 n 0 1 S 0 3 Cr 0 CL D (D _ CD z 0 S M oa EXHIBIT G 73rd Avenue License Plate Survey October 20, 1993 Morning Evening (7 a.m. to 9 a.m.) (3:45 p.m. to 5:45 p.m.) 428 Total Plates 431 101 24% 71st to Brookdale Dr. 118 27% Penn to T.H. 252 46 11% Brookdale Dr. to 85th 72 t7% Xerxes to T.H. 252 147 35% Subtotal 190 44% "Neighborhood" 73 17% Other Brooklyn Center/ 83 19% Brooklyn Park Addresses 220 52% Subtotal Brooklyn 273 63% Center /Brooklyn Park Address 53 12% Suburbs North of Brooklyn 21 5% Park 86 20% Other Metro Cities 72 17% 69 16% Out of Metro /Out of State /Not 65 15% Found EXHIBIT H MEMORANDUM DATE: November 17, 1993 TO: Sy Knapp, Director of Public Works FROM: Mark J. Maloney, City Engineer RE: Humboldt Avenue Traffic Study In conjunction with the study of the various elements which influence traffic on Humboldt Avenue, Engineering personnel obtained drive times for north and south bound traffic on TH 252 and Humboldt Ave. during the first two weeks of November. This informal analysis consisted of recording the time it took, during the AM peak period, to drive south from the intersection of TH 252 and Humboldt Ave. (in Brooklyn Park) to a specific point on TH 100, chosen as the overhead pedestrian bridge near Summit Drive, using both TH 252 and Humboldt Ave. as routes. The direction was reversed during the PM peak period, and during both periods, staff drove with the general flow of traffic. The results of the study are provided below: AM PEAK (SOUTHBOUND — HUMBOLDT AVENUE) DATE START ELAPSED TIME TIME Tuesday 11/02/93 7:49 AM 7 min. 00 sec. Wednesday 11/03/93 7:30 AM 7 min. 50 sec. HIGH 7 min. 50 sec. Thursday 11/04/93 6:58 AM 7 min. 05 sec. LOW 5 min. 14 sec. Thursday 11/04/93 7:42 AM 5 min. 14 sec. AVERAGE 6 min. 30 sec. Friday 11/05/93 8:02 AM 5 min. 50 sec. Tuesday 11/09/93 6:45 AM 6 min. 00 sec. AM PEAK (SOUTHBOUND — TH 252) DATE START ELAPSED TIME TIME Tuesday 11/02/93 7:49 AM 9 min. 50 sec. Wednesday 11/03/93 7:30 AM 11 min. 21 sec. HIGH 11 min. 21 sec. Thursday 11/04/93 6:58 AM 8 min. 15 sec. LOW 4 min. 00 sec. Thrusday 11/04/93 7:45 AM 4 min. 00 sec. AVERAGE 7 min. 49 sec. Friday 11/05/93 8:02 AM 5 min. 50 sec. Tuesday 11/09/93 6:48 AM 7 min. 40 sec. PM PEAK (NORTHBOUND — HUMBOLDT AVE.) DATE START ELAPSED TIME TIME Monday 11/01/93 4:35 PM 7 min. 5 sec. Tuesday 11/02/93 4:41 PM 6 min. 00 sec. HIGH 8 min. 04 sec. Wednesday 11/03/93 4:12 PM 6 min. 00 sec. LOW 5 min. 15 sec. Thursday 11/04/93 4 :33 PM 5 min. 15 sec. AVERAGE 6 min. 30 sec. Thursday 11/04/93 4:38 PM 8 min. 04 sec. Monday 11/08/93 3:45 PM 6 min. 35 sec. PM PEAK (NORTHBOUND — TH 252) DATE START ELAPSED TIME TIME Monday 11/01/93 4:35 PM 5 min. 57 sec. Tuesday 11/02/ 4:41 PM 5 min. 31 sec. HIGH 6 min. 45 sec. Wednesday 11/03/93 4:14 PM 5 min. 15 sec. LOW 5 min. 10 sec. Thursday 11/04/93 4:35 PM 5 min. 10 sec. AVERAGE 5 min. 51 sec. Thursday 11/04/93 4:40 PM 6 min. 31 sec. Monday 11/08/93 3:43 PM 6 min. 45 sec. Prior to any interpretation of the above, it must be noted that this analysis reflects a random sample of traffic conditions during the first week of November, 1993. It is in no way intended that this information be represented as sophisticated or scientific, and its application should be so limited. It is possible, however, to make the following observations: • The southbound trip lengths (AM peak) on TH 252 varied substantially, and were greatly affected by the traffic conditions of the given day. • On average, it was nearly one and one -half minutes faster to use Humboldt Ave. as a bypass to TH 252 in the morning. • The northbound trip lengths (PM peak) on TH 252 were fairly consistent throughout the week, and varied in most cases due to "hitting or missing" a green light. • On average, it was about one -half minute faster to use TH 252 in the evening. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: City Council Members FROM: Sy Knapp, Director of Public Works DATE: November 18, 1993 SUBJ: 73rd Avenue North - T.H. 252 to Humboldt Avenue North Proposed Improvement Project No. 1994 -07 On 7/26/93 the City Council selected six "candidate" street and utility improvement project areas for consideration in a 1994 improvement program, approved the "building block" process (see attached graphic) and directed staff to conduct informational meetings (Step 3 of the process) regarding those six project areas. As previously reported, initial informational meetings have been held in 4 of those project areas. The other two project areas (on 57th Avenue North, and on Willow Lane) have been deleted from consideration in 1994, by Council action on 10/12/93. 73rd Avenue Feasibility Study Status This report summarizes the work items initiated to date, their current status, and staff recommendations for future consideration of possible improvements to 73rd Avenue between T.H. 252 and Humboldt Avenue: • An initial Informational Meeting (Step 3 of the Building Block process) was held on 9/29/93 at Evergreen School. As previously reported to the City Council, attendance at this meeting was good with lively citizen participation. The major concern voiced by these citizens is the heavy volume of traffic on 73rd Avenue — particularly, the "through traffic". • Development of feasibility studies and a topographic study (Step 4 of the Building Block process) were authorized by the City Council on 10/12/93. Following is a summary of work and studies completed to date: is 1986ALLAMEPoCACfiY ✓ Topographic Survey Status: • MSA Consulting Engineers have completed the necessary field work for a "topographic survey" along 73rd Avenue, and over the next few weeks will be providing survey information and inventories of existing street and utility features to the City. The information which was collected includes pavement widths and elevations, driveway and tree locations, driveway slopes, manhole, catchbasins and valve locations, sidewalk and boulevard locations and elevations, information regarding City -owned utilities and privately -owned utilities, etc. ✓ Geotechnical Study Status: Soil borings were taken on 73rd Avenue during mid- October for the purpose of helping to determine what conditions might be encountered during a potential street and utility reconstruction project. Also, tests on the native soils were performed to determine their impact on the design of the proposed pavement. ✓ Television Inspection of Sewer Status: All of the sanitary and storm sewers in the areas affected by the 1994 Street • Improvement Program have had televised inspections, and reports and their interpretations are forthcoming. However, it doesn't appear at this time that extensive repairs to or replacements of the sanitary sewer system in 73rd Avenue are necessary. ✓ Other Studies of the Public Utility Systems: It appears that the storm drainage needs of 73rd Avenue can be accommodated with minor improvements to the existing system. Based on the information available at the time of this report, it is possible that the corrosive effects of the existing soils together with the potential sewer trench effects are going to require that we replace the existing water mains in 73rd Avenue —if the roadway is to be reconstructed. ✓ Traffic Study Status (see special report attached): Review of 73rd Avenue Traffic Origins A license plate study was conducted by staff relating to traffic issues identified by citizens on 73rd Avenue, between Humboldt Avenue and T.H. 252. This study attempted to find answers to the citizens' question about the "trip origin" of the vehicles which use 73rd Avenue. To evaluate this matter, staff simply recorded the license numbers of all vehicles on eastbound 73rd Avenue which turned right onto T.H. 252 in the morning rush hours, and left from northbound T.H. 252 onto 73rd in the afternoon rush hours on October 20, 1993. Staff then worked with the Brooklyn Center Police Department to obtain an approximate address to which each license was registered, then plotted that "trip origin" on a map. The results of this study are summarized on Exhibit A. Following is a summary of our analysis of this information: - A total of 428 license plates were recorded from 7:00 a.m. to 9:00 a.m. ■ Of those, 101 (24 percent) were registered to addresses between T.H. 252 and Palmer Lake, and between 71st Avenue in Brooklyn Center and Brookdale Drive in Brooklyn Park —i.e., the "localized" traffic. An additional 46 plates were registered to addresses in the neighborhood just north of Brookdale Drive, for a total of 35 percent of the license plates registered to addresses in that larger neighborhood. ■ Seventy -three vehicles were registered to addresses in other neighborhoods of Brooklyn Center and Brooklyn Park. ■ A total of 52 percent of the a.m. plates were registered in Brooklyn Center or Brooklyn Park. ■ Only 53 (12 percent) of the license plates recorded were registered to addresses in the suburbs north of Brooklyn Park — Andover, Blaine, Coon Rapids, Champlin, etc. A total of 431 license plates were recorded from 3:45 p.m. to 5:45 p.m. ■ Of those, 118 (27 percent) were registered in the immediate neighborhood. ■ An additional 72 plates were registered to addresses just to the north, for a total of 44 percent from the larger neighborhood. ■ Eighty-three lates or 19 percent were registered to addresses plates, P g elsewhere in Brooklyn Center or Brooklyn Park. ■ A total of 63 percent of the p.m. plates were registered in Brooklyn Center or Brooklyn Park. Regarding both the morning and afternoon counts, a surprising number of license plates were registered to addresses outside of the Metro area or from out of state. While some of these can be attributed to visitors, or to registrations which haven't been updated since a move, the total was more than expected. Many more than expected were addressed within the Metro area in cities such as Minneapolis and St. Paul (38 in the morning), Eden Prairie, Wayzata, Maple Grove, Golden Valley, Crystal, Plymouth, etc. Some other explanations might include day care arrangements, car pools, employment, visitation of noncustodial children, or being lost. Nearly all of the results from this survey were surprising, and many are unexplained at this time. ✓ Benefit Analysis for Special Assessments Status: As directed by the City Council, staff is preparing a Request for Proposal (RFP) to be submitted to qualified appraisers. However, because of the uncertainties regarding the design of roadway improvements, staff recommends delaying this effort until some tentative decisions are made regarding design options. Where to from Here? Based on the Building Block process, the next step (Step 5) of the process is for staff to conduct work sessions (as many as needed) to attempt to: (1) develop a full understanding of existing conditions and issues, by staff and by citizens; (2) to identify, evaluate and discuss possible options for dealing with the problems and issues; and finally (3) develop a consensus for proceeding with a viable option (or options). Staff is prepared and willing to do so, if the City Council agrees to continue the process originally approved. However, because of the intense interest regarding this project by citizens and by Council members, we ask the Council to reaffirm its approval of the process, or to define a revised process. If, alternatively, the Council wishes to amend the process, we ask the Council to clearly define the amended process, so that staff and the citizens clearly understand it. As noted in the separate report regarding Humboldt Avenue, it has been suggested that a steering committee be established which is representative of the greater Northeast neighborhood. If such a committee is established, the schedule for general 73rd Avenue worksessions will be coordinated with the schedule for meetings of that steering committee, and with Humboldt Avenue worksessions. Respec full submitted, Sy app Attachments i "BUILDING BLOCK" PROCESS OUTLINE i FOR PROPOSED 1994 STREET IMPROVEMENT PROGRAM -10- Construction (if ordered by) City Council following Public Hearing) -8- -9- Individual Public Hearing Petitions by Following City Council Informational Meetings & (Citizen's fifth Mailings opportunity (Authorized by for City Council) participation) -4- -5- -6- -7- Field Surveys Studies Staff Complete • TV sewers Worksessions Feasibility Informational • Inspect with Report Meetings watermains Citizens & • other (continued Initiate Plans (conducted by (Authorized by discussion) and City Staff) City Council) Specifications -1- -2- -3- Preliminary tudies Preliminary Meeting with ry rY 9 Property Owners Selection of •Costs - (by staff) need for project - ?- Candidate •Benefits related improvements Projects (by independent design issues (by City Council) appraiser) 0 costs, special • Financing (by City staff) assessments • others (by staff) EXHIBIT A 73rd Avenue License Plate Survey October 20, 1993 Morning Evening (7 a.m. to 9 a.m.) (3:45 p.m. to 5:45 p.m.) 428 Total Plates 431 101 24% 71st to Brookdale Dr. 118 27% Penn to T.H. 252 46 11% Brookdale Dr. to 85th 72 17% Xerxes to T.H. 252 147 35% Subtotal 190 44% "Neighborhood" 73 17% Other Brooklyn Center/ 83 19% Brooklyn Park Addresses 220 52% Subtotal Brooklyn 273 63% Center /Brooklyn Park Address 53 12% Suburbs North of Brooklyn 21 5% Park 86 20% Other Metro Cities 72 17% 69 16% Out of Metro /Out of State /Not 65 15% Found CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 CENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 MEMORANDUM TO: City Council Members FROM: Sy Knapp, Director of Public Works DATE: November 18, 1993 SUBJ: Northwest Area Improvements Proposed Improvement Project No. 1994 -11 On 7/26/93 the City Council selected six "candidate" street and utility improvement project • areas for consideration in a 1994 improvement program, approved the "building block" process (see attached graphic) and directed staff to conduct informational meetings (Step 3 of the process) regarding those six project areas. As previously reported, initial informational meetings have been held in 4 of those project areas. The other two project areas (on 57th Avenue North, and on Willow Lane) have been deleted from consideration in 1994, by Council action on 10/12/93. Northwest Area Feasibility Study Status This report summarizes the work items initiated to date, their current status, and staff recommendations for future consideration of possible improvements to streets in the Northwest Area (see attached map). ■ An initial Informational Meeting (Step 3 of the Building Block process) was held on 8/25/93 at Northview Junior High School. As previously reported to the City Council, attendance at this meeting was somewhat light. However, those citizens who attended freely participated in a good discussion of issues. The major concerns voiced by these citizens were: ✓ The need for improved storm drainage of the area; and ✓ Concerns regarding traffic shortcutting from Brooklyn Boulevard to 69th Avenue via 71st Avenue /Perry Avenue. 19B6AlldWEPoCA IXiY ■ Development of feasibility studies (Step 4 of the Building Block process) were authorized by the City Council on 9/13/93. Following is a summary of work and studies completed to date: ✓ Topographic Survey Status: Engineering Department personnel has completed most of the necessary field work for a "topographic survey" of this area. The information being collected includes pavement widths and elevations, driveway and tree locations, driveway slopes, manhole, catchbasins and valve locations, sidewalk and boulevard locations and elevations, information regarding City -owned utilities and privately -owned utilities, etc. ✓ Geotechnical Study Status: Six soil borings were taken in this area during mid - October for the purpose of helping to determine what conditions might be encountered during a potential street and utility reconstruction project. Also, tests on the native soils were performed to determine their impact on the design of the proposed pavement. The preliminary report from the geotechnical study is that the soils are generally granular, and shouldn't present any extraordinary problems with regard to potential street or utility reconstruction. • ✓ Television Inspection of Sewer Status: All of the sanitary and storm sewers in the areas affected by the 1994 Street Improvement Program have had televised inspections, and reports and interpretations are forthcoming. However, it doesn't appear at this time that any extensive repairs to or replacements of the sanitary sewer system in the Northwest Area are necessary. ✓ Other Studies of the Public Utility Systems: Attached hereto is a special report regarding storm drainage system improvements which need to be considered in conjunction with the roadway improvements. Based on the information available at the time of this report, we anticipate that as many as half of the existing water mains would be affected by the repair /replacements of defective sanitary sewers and construction of recommended storm drainage improvements. Consistent with our previous experience, we would recommend replacement of all water mains, which were found to be corroded, or affected by the trenching required for other utility improvements. ✓ Staff has met twice with representatives from Willow Lane School, including an official from ISD #279 to discuss various issues of common concern— including (1) a cooperative effort to replace playground apparatus at the school, to be used jointly instead of separate facilities at the school and at the park; (2) other on -site improvements to the schools campus; and (3) the proposed street improvements. School officials have expressed a strong interest in working with City staff and with citizens to investigate options for dealing with traffic issues on the 71st Avenue /Perry Avenue route. They have also expressed general support for the roadway improvements. ✓ Benefit Analysis for Special Assessments Status: As directed by the City Council, staff is preparing a Request for Proposal (RFP) to be submitted to qualified appraisers. However, because of the uncertainties regarding the design of roadway improvements, staff recommends delaying this effort until some tentative decisions are made regarding the total improvement program, including financing for needed storm drainage system improvements. Where to from Here? Based on the Building Block process, the next step (Step 5) of the process is for staff to • conduct work sessions (as many as needed) to attempt to: (1) develop a full understanding of existing conditions and issues, by staff and by citizens; (2) to identify, evaluate and discuss possible options for dealing with the problems and issues; and finally (3) develop a consensus for proceeding with a viable option (or options). Staff is prepared and willing to do so, if the City Council agrees to continue the process originally approved. However, because of the intense interest regarding this project by citizens and by Council members, we ask the Council to reaffirm its approval of the process, or to define a revised process. If, alternatively, the Council wishes to amend the process, we ask the Council to clearly define the amended process, so that staff and the citizens clearly understand it. Regarding the Northwest Area improvements, we do ask that the City Council adopt a motion stating its intention regarding financing the costs of storm drainage improvements. In summary, the two general options for dealing with these costs are: Option 1 - To specially assess a portion of these costs, in addition to assessments for roadway improvements. If this option is preferred, we ask the City Council to direct staff to prepare a detailed report evaluating this option, so as to develop a fair, equitable, and legally defensible system of special assessments. Option 2 - To pay for major improvements to the storm drainage system from the Storm Drainage Utility fund. It is noted that such costs were not specifically included in the study which established the 1994 rates for SDU charges. However, that study included funding for several other projects which may or may not be ready to proceed in 1994. If all projects, including these Northwest Area improvements proceed, it would probably become necessary to issue revenue bonds covering these projects, payable from the SDU fund over an extended time period. After receiving directions from the Council on the matter of financing storm drainage system improvements, staff will be ready to proceed with Step 5 worksession(s) in this area. Respectfully submitted, Sy app Attachments "BUILDING BLOCK" PROCESS OUTLINE FOR PROPOSED 1994 STREET IMPROVEMENT PROGRAM -10- Construction (if ordered by) City Council following Public Hearing) -8- -9- Individual Public Hearing Petitions by Following City Council Informational Meetings & (Citizen's fifth Mailings opportunity (Authorized by for City Council) participation) -4- -5- -6- -7- Field Surveys Studies Staff Complete • TV sewers Worksessions Feasibility Informational • Inspect with Report Meetings watermains Citizens & • other (continued Initiate Plans (conducted by (Authorized by discussion) and City Staff) City Council) Specifications -1- -2- -3- Preliminary Studies Preliminary Meeting with Property Owners Selection of • Costs - (by staff) need for project - ?- Candidate • Benefits related improvements Projects (by independent design issues (by City Council) appraiser) costs, special • Financing (by City staff) assessments • others (by staff) A! # _ a T I} fA ff 1 i "- y/ Y I I to N1 _ ., y o i D > < _ N m m y • z TOLEDO AVE N. t`.c 70 z Z N. TOLEDO AVE. .:..-4 >_ SCOTT AVE.::' SCOTT AVE. N• I z EGENT AVE. REGENT AVE. N. Fn ,cn OUAIL AVE N z I �A44 QUAIL AVE. N. C) n _ J D l m ? PERRY AVE. i PERRY AVE. N. ^: � %� . - ------ - =----= ORCHARD AVE. N. � ^ _ i D '; NOBLE AVE. N. ' NOBLE AVE. N - - - - -- o, __ _ =___- JOR AVE. N. = m v Z MAJOR AVE. N __._...._. LEE AVE N z I MEMORANDUM DATE: November 17 1993 I kO: Sy Knapp, Director of Public Works FROM: Mark J. Maloney, City Engineer RE: Preliminary Drainage Analysis - Northwest Neighborhood I have performed a very preliminary storm drainage analysis which should be considered in the context of a street improvement project for the Northwest Neighborhood. While many of the technical details remain to be worked out, and the analysis is conceptual at this point, it does identify the major storm drainage needs of the area. The attached Figure 1 depicts the existing storm drainage system, and the limits of the drainage area under consideration. Figure 2 indicates a conceptual design for the storm drainage system improvements that are necessary to address the needs of the area. The major storm drainage issues for the area, as indicated by the input of the residents, together with the observations of the Public Works Department, are summarized as follows: • As shown on Figure 1, the entire drainage area is served by a single line which flows east -west just north of 70th Ave., and a substantial area south of 69th Ave. flows across 69th Ave. to the north. This overland drainage causes standing water in the intersections along 69th Ave., and creates a traffic hazard especially in the spring and fall of the year. • Because of the above described conditions, and the lack of defined gutters, the flow of storm water on the north -south streets (Perry, Quail, Regent) during even average rain events causes localized flooding and severe erosion of the boulevards. • The storm runoff generated by the area currently 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. • Any plan for improvement to the storm drainage system in this area should allow for P ossible extension to the east along 69th Ave., towards Brooklyn Blvd., to help address potential drainage issues at the intersections with Orchard and Noble Aves. As shown on the conceptual storm drainage design (Figure 2), extensive improvements should be considered at this time. The pipe sizes in this preliminary 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. The estimated project costs, including construction, contingencies, engineering, admin., etc., for this preliminary design is $450,000. A rough estimate of the cost to obtain an easement for the construction and on -going maintenance of the proposed storm water pond is $25,000, which puts the total estimated IWroject cost for the proposed storm drainage improvements at $475,000. Attachments ' YN PAW - 30 ZflW v VERA CRUZ A -- �N1� 5500 °' cn co a UNITY AVE N I "' „ • _ .N '3nV 00 0 'fci 1 o `n 5400 v Z I Z 'N end oa3�t r - -- TOLEDO AVE I _ I. _ T rn n 11oO s 5300 Z m rn a L N�3P x _ •- Z SCOTT AVE N r z ' PN 5200 m '3nV 1N3 REGENT AVE P I I m TPT� Q) / 5100 n '3AV 11 71 25 ; z 'N '3n <' = QUAIL AVE N "" rn a ��� 5000 m •� - z PE Y AVE. N rn to w iv - • • v r�o f o� 'm 'N '3n O 1z ! • �.. ■ • -- • -� a a z o m m m PERRY AVE N pp 4900 '''� ~ rD7« ; C70 gti � �'` : W j, �' ° r —�i -4 N '3AV G)1VHO'8 y 9 Z o rn m m ORCHARD AVE I 0 I t k , k, a 4800 `✓ `Y' ` ' `% 'N "3n 3 Nj I N '3nV 3 ON _ - -- "- NOBLE AVE N l_ � N - 90 ) O, -V19 , � < z , 4700 N a !MAJOR AVE. N. N m LEE AVE N -� rz1- MAJOR AVE N v; 0 4600 C - -- - -- �;, LEE o tn- LEE AVE N `^ G 4 KYLE 500 D - .AV = N r KYLE AVE N rn < - JUNE AVE. _ — — — _ 'JUNE 4400 - n JUNE AVE N I 4300 z INDIANA INDIANA AVE N AVF. N 4200 YN P 1 ' _ ��� •and zn�J v»3n VERA CRUZ A. o II r — - -- OD 5500 < i 1 o UNITY AVE N I m 'N '3 00 0 �o,� O "' 5400 I z. a I N _ 3nV 00 - - 'a w / \ TOLEDO AVE I I a D 3AV 1100S ➢ z O 5300 m > N O 00 -- Z -- m - _ z SCOTT AVE N > Z m m 5200 ' , ' � ; • n 3� � l_ D ,- - -- - N '3AV 1N39 I m n I rn REGENT AVE P OD N '3AV lIvn Z / 5100 I N - ' rn �' R ` �+ ♦/1 < QUAIL AVE IN �4 z 5000 r = cn "' - PERRY AVE. N O d3 z = ° PERRY AVE N rn_N \ y, cc.��mrnm L { ^ U �� > >za = = 4900 •N '3AV 021VHOb0 ,�! R w ?N� ° ° � sl _ ' "` �� ^ 9 ORCHARD AVE I Y ?\ 2 v r M.rn 4800 k •c � N 3AV 3190N • ,;�,X, r� 'N _9 3180N! ' - -- = > _- m 1 'N •3AV 21Ot m z NOBLE AVE N _ _ , 4700 N < ;MAJOR AVE.N. N m LEE qVE_ N _; z' 4600R AVE N LEE ° C rn LEE AVE N m Q , KYLE �. 4500 n OD > ' N C) , KYLE AVE N m rn JUNE AVE. i ` _ 'J� UNE 4400 r � A ' r N. ' z rn JUNE AVE N I_NDIANA 4300 INDIANA z -- / N. INDIANA AVE N N ' �� I1 I TFA I AVF. N. 4200 CITY OF BROOKLYN CENTER Council Meeting Date 11/22/93 Agenda Item Numbe • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FOLLOW -UP REPORT RE: CLEAR VIEW TRIANGLE AT 5120 EAST TWIN LAKE BOULEVARD *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Sy Knapp irector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes • The Council at its October 12, 1993 meeting heard the appeal of the owner of the property at 5120 East Twin Lake Boulevard, who had received an order to trim trees and bushes in the Clear View Triangle. At this meeting, the Council requested the owner, Mr. Dan Middlestedt, to do some additional trimming of the juniper bush on the corner of East Twin Lake Boulevard and Oak Street. The Council agreed to then review the case to determine if additional trimming would be necessary. It appears that Mr. Middlestedt has done some additional trimming. However, in our opinion the bush continues to violate the Clear View Triangle ordinance, and I is a hazard to traffic, especially traffic headed west on Oak Street, looking north on East Twin Lake Boulevard. It appears that the only way to improve safety Y y P y and for Mr. Middlestedt to come into compliance with the law is to remove some or all of the juniper bush. In correspondence dated November 4, 1993 (attached), Mr. Middlestedt has made a number of claims. First, he suggests that he has been ignored, and that there has been no response to his previous communications. Staff have met with the property owners, and have communicated by telephone throughout the process. Mr. Middlestedt was given the opportunity, in writing, to meet with the Administrative Traffic Committee prior to his October 12 appeal to the Council. Since we received no reply, we assumed that he preferred to appear directly before the Council. Mr. Middlestedt also cites findings from several court cases which he believes supports his claim to compensation for loss of the juniper bush. He also • suggests mediation or ADR (alternate dispute resolution). City Attorney Charlie LeFevere has responded to both of these issues in his attached review of the proposed claim. In summary, Mr. LeFevere reviews the cases cited by Mr. Middlestedt and finds them not applicable to this situation; concludes that the City's Clear View Triangle ordinance and procedures fall well within the authority granted cities by the state statutes; and believes that ADR is not appropriate or useful for an issue of this type. • Slides showing various views of the intersection will be available at the Council meeting. If, based on viewing the slides and visiting the site, the Council determines that the bush or any other vegetation constitutes a nuisance, and that additional work should be done, the following is the procedure which under the ordinance should be followed: 1) Clearly describe to Mr. Middlestedt the additional work which must be done to abate the nuisance, and establish a due date. 2) If work is not complete as of that due date, then the ordinance authorizes the City Manager to direct that the City should do the work. City staff would account for their time spent doing the work, and would charge Mr. Middlestedt the standard rates used when work is charged for private hydrant repair, etc. ($20 per hour for each person, plus an hourly rate for equipment, which ranges from $5 to $20). 3) The cost of abating this nuisance due from the owner, and if not paid, could be certified to the property following an assessment hearing under the provisions of Chapter 429, Minnesota Statutes. RECOMMENDED CITY COUNCIL ACTION Review slides taken after trimming by the property owner. Make a S determination of what, if any additional work should be done. If additional work is identified, then establish a due date. • Daniel K. M 1 ddlestedt Post -It" brand fax transmittal memo 7671 #of pages o, I 5120 F. Twin Lake Blvd, Brooklyn Center, MN 55429 �� From J � Co. �(f�/ Co. Nov. 4 , 19 9 3 Dept. Phone # Fax # / Fax # Todd Paulson, Mayor L 7 city of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re; Corner Variance Dear Mr. Paulson: Please note that T have brought up our property interest claim three times before Brooklyn Center city Government and each time there has been no acknowledgement on your hart or anyone el associated with Brooklyn center. Peruse the following cites; Tn Sanderson v. city of Willmar. 162 N.W.2d 494, the-Court stated, "Property as used in various cruarantines against taking of property without due process of law embraces every kind of property or ri ht over which a person may have control -" Note also what the court stated in Gunn v. Delhi Tp.: 154 N,W.2d 598, whi_r__h held, " the use and enjoyment of property... is a right of which the owner may not be deprived by government with out due process nor may his property he taken by co vernment without Jiust co_mnens_ation." obviously we have a property interest in our junipers which city Engineer Bob Neuenfeldt insist that these junipers he eliminated and Public Works Coordinator Diane Spector is aiding. I believe this issue should he submitted before an ADR agency or some kind of mediation_ service which is neutral and neither side can influence or control. Please get back to me on this issue. When you respond, then I will be able to start the evaluation process on what our junipers are worth. Please do not continue to ignore this issue; also make sure that Bob Neuenfeldt and Diane Spector receive a copy of this Letter.. I called Ms. Spector informing her of our need to reschedule the Nov. 8th meeting to the 22nd of November. Sincerely, Daniel. K. Middlestedt xc: Bob Neu.enfe7_dt & Diane Spector_ HOLMES & GRAVEN CHARTERED Attorneys at Law JOHN M. LEFEVRE, JR. 470 Pillsbury Center, Minneapolis, Minnesota 55402 ROBERT J. LINDALL 49TEP OBERT A. ALSOP (612) 337 -9300 LAURA K. MOLLET ONALD H. BATTY BARBARA L. PORTWOOD J. BL'BUL Facsimile (612) 337.9310 JAMES M. STROMMEN JOHN B. DEAN JAMES J. THOMSON. JR. MARY G. DOBBINS LARRY M. WERTHEIM STEFANIE N. GALEY BONNIE I.. WILKINS CORRINE A. HEINE GARY P. WINTER JAMES S. HOLMES WRITER'S DIRECT DIAL DAVID L. GRAVEN (1929.1991) DAVID J. KENNEDY JOHN R. LARSON 337 -9215 OF COUNSEL WELLINGTON H. LAW ROBERT C. CARLSON CHARLES L. LEFEVERE ROBERT L. DAVIDSON ROBERT C. LONG November 10, 1993 Jerry Splinter City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Clear View Triangle Case; Claim of Daniel Middlestedt Dear Jerry: By letter dated November 4, 1993 to Mayor Paulson, Mr. Daniel Middlestedt claims that he will be entitled to compensation for removal of the Juniper bush on the corner of his property, if removal is ordered by the city council. The cases cited in Mr. Middlestedt's letter do not support his legal conclusion. The Sanderson case has nothing to do with trees, street rights -of -way, or nuisances. It is a case in which a land owner challenged an ordinance which would have rezoned his property to "automobile parking" and required the land owner to give the city a right of first refusal prior to selling his property. The Gunn case is a Michigan case in which the court concluded that a land owner was entitled to relief when the government constructed a sewer line across part of his property without any legal right to do so. State law gives cities the power to define nuisances and provide for the prevention or abatement of such nuisances by ordinance. Minnesota Statutes § 412.221, subd. 23. The city is also given the power to open, control and maintain streets and other public ways and grounds. It can regulate by ordinance the use of streets and other public grounds and prevent obstructions of the same. It can require owners to remove such obstructions and, in the event of failure by the owner to do so, the city can cause the obstruction to be removed and assess the costs against the property. Minnesota Statutes § 412.221, subd. 6. State law also gives the council the authority to open, widen, and improve streets as well as abate nuisances. Minnesota Statutes § 429.021. The city is authorized by Minnesota Statutes § 421.101 to assess the costs for removal of public safety hazards from private property. This statutory authority has been exercised by the city of Brooklyn Center by adoption of code sections 25 -801 through 25 -810. Section 25 -810 provides that violation of sections 25 -801 and 25 -802 (dealing with trees, shrubs and plants which CLL61430 BR291 -10 Jerry Splinter November 10, 1993 Page 2 impede visual sight lines of motorists, and the clear view triangle) to be public safety hazards and public nuisances. If the city council reasonably determines that the Juniper bush is a nuisance and violates the city's ordinances, Mr. Middlestedt will not be entitled to compensation for loss of the bush whether it is on public right -of -way or on private property. Although the bush may belong to Mr. Middlestedt, that alone is not sufficient to establish an entitlement to compensation for its removal. If Mr. Middlestedt's bush were not a nuisance and if it were on private property, and if the city council wished to require removal of the bush for some reason (such as a temporary easement for road or utility work) Mr. Middlestedt would be entitled to compensation. However, there is no entitlement to maintain a public nuisance. The city's ordinances are reasonable regulations on the use of property. In my opinion, they do not constitute a taking within the legal definition of that word. Therefore, assuming the city council reasonably determines that the bush is a nuisance and a public safety hazard, the land owner will not be entitled to compensation for removal of the bush. Mr. Middlestedt proposes that this matter be submitted to alternate dispute resolution (ADR) . If Mr. Middlestedt were entitled to compensation, and there were a dispute as to the amount, I believe that it would be appropriate to consider resolution of the dispute by ADR rather than litigation. However, I do not know what issue would be submitted to ADR under the circumstances of this case. The determination whether this bush constitutes a nuisance is appropriately made by the city council who has the legal authority and responsibility for the decision. It would not be appropriate to submit the question whether the bush is a nuisance to an arbitrator, for example. Although I am a strong supporter of the use of ADR, I am not convinced that the use of ADR would be helpful in the resolution of this dispute at this point. If you have any further questions, please give me a call. Very truly yours, Charles L. LeFevere CLL : ckr CLL61430 BR291 -10 CITY OF BROOKLYN CENTER council Meeting Date November 22, 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM: PARK & RECREATION COMMISSION RECOMMENDATION REGARDING BROOKLYN PARK ATHLETIC ASSOCIATION /BASKETBALL PROGRAM DEPT. APPROVAL: 646� GeraVn R. Barone, Personnel Coordinator MANAGER'S REVIEW/RECOAEMENDATION: No comments to supplement this report Comments below /attached SUNEM[ARY EXPLANATION: (supplemental sheets attached ) • At its November 16, 1993, meeting, the Brooklyn Center park and recreation commission was approached by the Brooklyn Park Athletic Association (BPAA) to have the City pay for certain expenses related to the BPAA's basketball program. The total request of the City is $1,500 for the season, which runs from December through March. The commission has recommended to the city council that the City cover the December expenses of $360 and consider inclusion of the remaining request of $1,140 as part of the 1994 budget process. BPAA runs a basketball program for boys and girls in third through sixth grades. Approximately 15% of the program participants, or 80 children, reside in Brooklyn Center. Gym time for these students is reserved through area school districts. The Osseo district, which includes use of gyms at Garden City, Palmer Lake, Fair Oaks, and Orchard Lane schools, requires the presence of a building supervisor. In the past, the City's park and recreation department provided the building supervisors and billed the City of Brooklyn Park for these expenses. This year, Brooklyn Park will not be paying for these costs, and our budget does not provide for them. Members of the BPAA are expected to be in attendance at the city council meeting to make their request to the council. Should the council agree to fund this in 1993, it would then be necessary to pass a resolution amending the 1993 budget to provide for it. • RECOMMENDED CITY COUNCIL ACTION Review and discuss the park and recreation commission's recommendation regarding the Brooklyn Park Athletic Association's basketball program. CITY OF BROOKLYN CENTER Council Meeting Date Ill22193 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: SNOW PLOWING OVERTIME POLICY DEPT. APPR Gerald 1 ter, City Mana g er MANAGER'S REVIEW/RECOADUNDATION: No comments to supplement this report Comments below /attached SU D4ARY EXPLANATION: (supplemental sheets attached ) The City Council is considering an additional appropriation in the 1994 budget for snow plowing overtime. Councilmembers have expressed concern the experimental • cut in snow plowing overtime for 1993 was too severe. Attached please find a copy of the memorandum indicating the snow plowing policy which was introduced to recognize reduction of snow plowing overtime from $20,000 down to $10,000 in the P g 1993 budget. Because the snow falls in the January through March period of 1993 did not fall on weekends, it was not a real test of the service impact of the new policy. I am asking the Council for consideration of an increase in the 1994 budget for snow plowing overtime from the 1993 level of $6,000 to $16,000. It is your staff's opinion that should the snow falls between now and the end of the 1993 year occur on weekends, there will be noticeable service impacts which the City Council expressed an interest in avoiding. RECOMMENDED CITY COUNCIL ACTION We recommend the City Council by motion authorize the City Manager to change the policy from that established on December 28, 1992, to the one which existed before that time. Previously the City Manager allowed the Superintendent of Public Works and the Street and Parks Supervisor to use their judgment when it was necessary to conduct plowing and ice control activities. If you should concur with this recommendation and should we receive an average number of weekend snow events between now and the end of 1993, it would cost us approximately $3,000 more than originally estimated. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 IB:FROOKLYN TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE MEMORANDUM 911 December 28, 1992 TO: Dave Peterson, Public Works Superintendant Bob Cahlander, Supervisor of Street & Park Maintenance FROM: G. G. Splinter, City Manager Sy Knapp, Director of Public Works SUBJ: Use of Overtime in 1993 To help balance the 1993 operating budget, cuts were made in a number of line items in the Street, Vehicle, and Park Maintenance Division budgets. In each division, the amount budgeted for overtime has been substantially reduced. In both the Street and Park divisions, overtime has been reduced from $20,000 to $10,000. In the Vehicle division, overtime has been reduced from $2,300 to $1,300. The following is the approved policy for use of overtime in 1993: There will be no use of overtime for the following activities, unless pre - approved: • Plowing sidewalks O Sanding side streets • Plowing parking lots O City- county auction • Dispatching If major snowfalls or storms in early 1993 require extensive overtime for plowing and sanding, overtime will be reduced for the following activities: O Maintaining hockey and ice rinks O Turf maintenance O Miscellaneous work for recreation department O City band i Sy Knape T G. G. Spinter cc: Arnie Mavis, Director of Recreatio Mayor Todd Paulson t 101 Council Members CITY OF BROOKLYN CENTER Council Alectino 1):de ACend, Item N umb Q er F lo REQUEST FOR COUNCIL CONSIDERATION ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIP'T'ION: Policy and Procedure on Mayor and Council Member Total Compensation DEPT. APPROVAL: CAS Pa- n Charles Hansen, Finance Director ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S RE NDATION: No comments ' t upplement this report Comments below /attached ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUNEVIARY EXPLANATION: (supplemental sheets attached ) • The City ouncil asked the Financial Commission to develop a policy Y P p Y to guide the process of setting of the Council's future compensation. Two primary principles were incorporated into the policy. First was the Council's desire to have another body review increases for the sake of objectivity. And second was the requirement of state law that any increases not become effective until after the Council has faced a general election. The Financial Commission concluded its work on this issue at its meeting of November 16, 1993 and recommends the attached policy. RECOMMENDED CITY COUNCIL ACTION Review and discuss the attached policy for consideration and adoption as a City Council Policy. POLICY AND PROCEDURE ON MAYOR AND COUNCIL MEMBER TOTAL COMPENSATION I. NEED FOR POLICY: The community is entitled to a clearly articulated, written description of the policy and procedure for establishing the total compensation of local elected officials. II. POLICY: 1. Service on the City Council is a civic obligation and an honor. The total compensation of the Mayor and Council Members should, therefore, not encourage candidacies based on monetary rather than public service objectives. However, the compensation of Brooklyn Center elected officials shall be fair and equitable in order to attract qualified candidates for local elective office. 2. The propriety of the compensation levels of the Mayor and Council Members shall be evaluated through comparisons with compensation paid to similar officials within the seven county metropolitan area. 3. The compensation levels of elected officials should be regularly reviewed and adjusted to ensure compliance with the objectives of this policy and to avoid the need for drastic or sudden compensation adjustments. 4. Compensation set pursuant to this policy and procedure shall be deemed to be the total compensation for elected officials of the city with the exception of expense reimbursement which shall be the same as provided all other city employees. III. PROCEDURE: 1. The City Manager shall biennially conduct a survey of compensation paid to elected officials of comparably sized municipalities with similarly sized budgets and tax bases in the seven county metropolitan area. Surveys prepared by the Association of Metropolitan Municipalities or the League of Minnesota Cities may be utilized in lieu of the City Manager's survey. 2. The City Manager shall biennially prepare a compensation report that contains an analysis of the survey information. The report shall compute the average amounts paid to Mayors and Council Members and correlate survey results to the current compensation of Brooklyn Center elected City officials. r 3. The City Manager shall submit the compensation report to the City Council and the Financial Commission prior to June 1, for information pertainino to the applicable calendar year. 4. The Financial Commission shall biennially review the City Manager's compensation report and discuss possible budgetary and public perception impacts of the indicated changes. Prior to July 1, of the same year, the Commission shall recommend to the City Council that the compensation of the Mayor and Council Members either remain the same or he changed to some specific amount in the manner prescribed h I P p Y law. 5. Consistent with the City Charter, Section 2.07, the Mayor and Council Members may, after conducting public hearings, set their compensation by ordinance. No change in compensation shall be in effect until January 1, following the next succeeding general election. IV AUTHORITY: The authority for establishing compensation for the Mayor and Council Members is found in Minnesota Statutes 415.11 and the City of Brooklyn Center Charter, Section 2.07. CITY OF BROOKLYN CENTER Council Meeting Date November 22, 1993 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ALARM SYSTEMS. 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 primary function of the Alarm System Ordinance is to encourage private citizens and Y g P businesses alike to maintain their alarm systems in working order, thereby reducing the number of false alarms to which public safety personnel are required to respond. That ordinance is found in Sections 23 -2000 through 23 -2009 of the City Ordinances. It has come to light that the ordinance has not been reviewed or updated since 1982. The changes proposed in the ordinance would clarify the meaning of the ordinance, and also bring the ordinance in line with established procedures currently being practiced by the Police Department. The most substantive changes to the ordinance would be the inclusion of government entities in the non - exempt category and the deletion of the "permit" concept, to be replaced by the assessment of fines. RECOMMENDED CITY COUNCIL ACTION The City Council approve an Ordinance amending Chapter 23 of the City Ordinances regarding Alarm Systems. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 at p .m. at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to Chapter 23 of the City Ordinances regarding alarm systems. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING ALARM SYSTEMS. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: ALARM SYSTEMS Section 23 -2000. STATEMENT OF POLICY. The City Council of the City of Brooklyn Center deems it necessary to provide for the special and express regulation of alarm systems which are designed to signal the presence of a hazard requiring urgent attention and to which public safety personnel are expected to respond in order to protect the public health, safety and welfare. The City Council finds that the regulation of alarm systems is necessary in order to reduce the increasing frequency of false alarms in Brooklyn Center. The great number and increasing frequency of these false alarms requires intensive, time - consuming efforts by the Police Department and thereby distracts from and reduces the level of services available to the rest of the community. This diminishes the ability of the City to promote the general health, welfare and safety of the community. In consideration for the necessity on the part of the City to provide numerous law enforcement services to all segments of the community, without an undue concentration of public services in one area to work to the detriment of members of the general public, it is hereby decided that the alarm systems shall be regulated through the permit process described below. Section 23 -2001. DEFINITIONS. As used herein, unless otherwise indicated, the following terms are defined as follows: 0 1. "Alarm System" shall mean an assembly of equipment and devices (or a single device such as a solid state unit) arranged to signal the presence of a hazard. For the purposes of this ordinance, the alarm, when triggered, must either be directly connected to the police and /or fire station or may signal a central monitoring agency which then notifies the Police and /or Fire Departments of an emergency to which public safety personnel must respond, or may emit an audible signal which will require urgent attention and to which the public safety personnel are expected to respond. 2. "Alarm User" shall mean the person, firm, partnership, association, corporation, company or organization of any kind including government entities on whose premises an alarm system is maintained. "Alarm User" shall include persons occupying dwelling units for residential purposes. "Alarm User" shall not include persons maintaining alarm systems in automobiles. 3. "False Alarms" shall mean the activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents. It does not include activation of the alarm by utility company power outages or by acts of God. 4. 'Person" shall mean any individual, partnership, corporation, association, cooperative or other entity. 5. "Calendar Year" shall mean the period January 1 through December 31 of each year. Section 23 -2003. P FINES AND EXEMPTIONS. 1. Permits Fines Effective January 1, 1982 every alarm user who, during the course of a calendar year, incurs more than four (4) false police alarms, or more than one (1) false fire alarm shall be required to o1-.tai an alai... ttsef . to pay a fine(s) as delineated in the corresponding City Council Resolution. 2. Review of Permit Fines. The Chief of Police and his /her designee shall review the issuance of all police alarm puts fines The Chief of Police and his /her designee in consultation with the Fire Chief, shall review the issuance of all fire alarm permits fines 3. Process for Issuance of Permit Fine Upon receipt and determination of the fifth false police alarm report or the second false fire alarm report at an address, the Chief of Police, after review, niay notify the City C-1 through his designee who shall then assess the alarm user for ugef' pefffiit the appropriate fine The assessment invoiee shall be sent by cer tified - mail The alarm user must siibfnit the feEtuifed pe remit the assessed fine fee to the City Gef designee within thirty (30) working days after receipt of the assessment invoice, in order to continue to use his her alarm system. Any subsequent false police or fire alarm at that address shall repeated be immediately subject to the fine /assessment process This process shall be repeated for each and every false alarm in excess of four (4) false police alarms and in excess of one (1) false fire alarm during each calendar year. Exemptions. The provisions of this chapter are not applicable to audible alarms affixed to automobiles. Section 23 -2004. REQUIREMENTS AND DUTIES. 1. False 2Maffn Rep Letter of Contestation The Chief of Peliee ffiwf, „ tee . If After the Chief of Police or his f her designee, determines that a false alarm has occurred at an address, the alarm user at that address may submit a wfitteti fepet letter of contestation to the Chief of Police to explain the cause of the alarm activation. If the Chief of Police determines that the alarm was caused by conditions beyond the control of the alarm user, the alarm will not be counted as a false alarm at that address. 2. "False Alarms" will be excused if they are the result of an effort or order to upgrade, install, test, or maintain an alarm system and if the Police Department is given notice in advance of said upgrade, installation, test and maintenance. Section 23- 200.5. PROHIBITIONS. 1. "Alarm Systems Utilizing Taping or Prerecorded Messages." No person shall install, monitor, or use and possess an operative alarm which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Police or Fire Department. Section 23 -2006. PE N41 FINE FEES. 1. The fees for alarm user's pefmits fines shall be as set forth by City Council resolution for police alarm systems and for fire alarm systems. -. AJaf:ffi user-'s peffflits shall not be fequifed in the next ealendaf ye an— thefe afe ffiefe than fettf (4) false poliee alar of efie (1) false fife alafffl 3: - Trre UiiitedTUTes Goveffiffi'efit, State of Min n e s ota, Cou nty of H ennepin - , Section 23 -2007. REVOCATION AND SUSPENSION OF DST ALARM USAGE PRIVILEGES 1. Basis for Revocation or Suspension. in additio to the at t,,a, -+— The Chief of Police may suspend or revoke any alarm user's pefffiit issu usage privileges pursuant to this ordinance if the Chief of Police finds that any of the following occur: a. That any provision or condition of this ordinance has been violated by an alarm user or his/her agents; b. That an alarm system has actuated an excess number of false alarms; C. That the alarm user has knowingly made false statements ins usef' pefmit a letter of contestation d. That the alarm user has failed to correct or remove, within a reasonable period, violations of this ordinance after receipt of notice to do so; V. Th t the , .,tintied effecti o f th a tine f , e n 4t 7 health, safety of w e l ffi f e. All alleged violations defined above shall be investigated by the Police Department. The alarm user shall be given notice of the proposed revocation or suspension and be provided an opportunity to informally present evidence to the Chief of Police prior to the final decision on revocation or suspension. Anyone aggrieved by the decision of the Chief of Police may appeal that decision to the City Council. Section 23 -2009. CRIMINAL PENALTIES. 1. Any alarm user, who continues to use an alarm system after receiving notice of revocation or suspension by the Chief of Police, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety 0 days or both, together with the costs of Y( ) prosecution. Y g P 2. Any person required by this ordinance to obtain remit an alarm user's }yet fine who knowingly fails to do so shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than seven hundred dollars ($700) or imprisonment not to exceed ninety (90) days or both, together with the costs of prosecution. Section 23 -2010 SEPARABILITY. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section, provision or part thereof. Section 2. This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of , 19 Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Strike -outs indicate matter to be deleted, underline indicates new matter). CITY OF BROOKLYN CENTER Council Meeting Date November 22, 1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE FALSE ALARM FEE SCHEDULE. DEPT. APPROVAL: Trevor A. Hampton, Chief of lice MANAGER'S REVIEW /RECOMMENDATION:' No comments to supplement this report Comments below / attached SUMMARY EXPLANATION: (supplemental sheets attached no) • Two years ago, the City Council created the Financial Task Force and assigned them what was known as the Prioritization Process. This produced a series of recommendations for increasing revenues or reducing osts. One of these recommendations was that fees for both false police and g P false fire alarms be increased. The City Manager recommended and the City council directed that this be et. implemented for the 1993 Budget. g The administrative staff was under the impression that the change had been made. The change will now be made effective January 1, 1994. At the time of the Prioritization Process, there was talk of this change doubling revenues from false alarms. The estimated revenue in the 1993 Budget was not increased and we do not recommend increasing the estimated revenue for the 1994 budget. We expect the outcome of the fee change to be that alarm users will fix mechanical problems and improve employee training so as to have fewer false alarms. So the benefit to the city from this change is expected to be the reduction in false alarms, not increased revenue. RECOMMENDED CITY COUNCIL ACTION The City Council approve resolution amending the false alarm fee schedule. q y cr .q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE FALSE ALARM FEE SCHEDULE. WHEREAS, The Financial Task Force, as part of the Prioritization Process, recommended increasing the fees charged for false police and false fire alarms; and WHEREAS, False alarms place a heavy burden upon the City in terms of both the financial cost of responding and the emotional toll on the personnel making the response. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that effective January 1, 1994 fees for false police and false fire alarms will be as follows: 1. For false fire alarms at a residence, at a business or government entity: The first false alarm will have no fee, the second false alarm will be assessed a fee of $150.00, and false alarms from number three onward will be assessed fees of $300.00 per alarm. 2. For false police alarms at a residence, a business or government entity: The first four false alarms will have no fee and false alarm number five will be assessed a fee of $50.00. The fee for false alarms after number five will be increased in $25.00 increments for each additional false alarm. 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 November 22 1993 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION, ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: APPROVING THE SUBMITTAL OF THE CITY OF BROOKLYN CENTER GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE FOR THE POLICE HIRING SUPPLEMENT PROGRAM ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: r Trevor A. Hampton Chief of lice .r+ MANAGER'S REVIEW/RECOMAIENDATION: • No comments to supplement this report Comments below /attached SUNMARY EXPLANATION: (supplemental sheets attached des) The Police Hiring Supplement Program through the U. S. Department of Justice is making direct grants to law enforcement jurisdictions to hire additional sworn law enforcement officers as part of an overall plan or strategy to address crime and related problems through community policing. In general, community policing is designed to forge effective crime- fighting partnerships between law enforcement and the community. The goals of the Program are to: 1) Increase the number of sworn law enforcement officers serving the areas where they are needed most; 2) Improve the long -term ability of law enforcement agencies to engage in community policing by developing additional sworn law enforcement officers; and 3) Improve public safety through innovative crime prevention, including community policing. The objects of the Program are to: 1) Hire additional law enforcement officers to increase sworn officer deployment and expand community policing designed to prevent crime, promote problem solving, and enhance public safety; and 2) To increase sworn officer deployment and expand community policing. • Beginning in Fiscal Year 1993 a total of $150 million is available from these grants. Fifty percent of the funds, $75 million, will be awarded to applicants serving jurisdictions with populations of 150,000 and above. Fifty percent of the funds, $75 million, will be awarded to applicants serving jurisdictions with populations of less than 150,000. Funds granted will be used to help pay salaries and fringe benefits of newly sworn officers, excluding overtime, for a 3 -year period. Under the direction of the City Manager the Brooklyn Center Police Department has evaluated the Police Hiring Supplement Program and finds it advantageous to apply. The Brooklyn Center Police Department has requested five additional police officers in their applications. Attached is a copy of a DRAFT of the application under the guidelines of the Police Hiring Supplement Program. This draft must be finalized by staff and submitted to the U.S. Department of Justice by December 1, 1993. Under this Program, the Federal share may not exceed the greater of 1) 75 percent of the total salary and benefits over the life of the grant, up to a maximum of $75,000; OR 2) 50 percent of the total salary and benefits over the life of the grant. The Brooklyn Center Police Department would request five officers under this Program, however the U.S. Department of Justice may adjust our recommendation based on our application. What this means for Brooklyn Center is that the cost of employing one police officer with fringe benefits, excluding overtime, uniforms, and equipment is close to $40,000. For Fiscal Year 1993 this grant would pay 63% or $25,200. It would be the City's responsibility to match the remainder • of the funding for this three year grant. It is anticipated that the City Council will approve the hiring of two patrol officers in 1994. The funds set aside for these two positions would be the match funds if grant monies are received. The disbursement of the grant monies will be made in December, 1993. RECOMMENDED CITY COUNCIL ACTION Authorizing the City Manager to sign the grant application from the City of Brooklyn Center to the U.S. Department of Justice for the Police Hiring Supplement Program. Application from the City of Brooklyn Center Minnesota to the U.S. Department of Justice Bureau of Justice Assistance for Police Hiring Supplement Program • fl p�C1.Y N c ,y . Pt) LICE Submitted by the City of Brooklyn Center, Minnesota November 24, 1993 Table of Contents A. Public Safety Need B. Strategy C. Implementation Plan D. Continuation and Retention Plan E. Additional Resource Commitments F. Budget Proposal Application for the City of Brooklyn Center, Minnesota Police Hiring Supplement Program REQUEST FOR FIVE ADDITIONAL OFFICERS A. Public Safety Need Brooklyn Center is a first -ring suburb of 28,887 (1990 Census) adjacent to the City of Minneapolis, a major metropolitan city of 368,383 (1990 Census). The City of Brooklyn Center is located in the County of Hennepin which serves a population of 1,032,431(1990 Census), the largest county population in the State of Minnesota. The demographic make -up of the Brooklyn Center is changing with a direct impact on the Brooklyn Center Police Department and its ability to provide service to the community. Demographic Profile of Brooklyn Center based on 1990 U.S. Census Information; • The City of Brooklyn Center experienced a 7.5 % decrease in the city's population from the U. S. Census 1980 to 1990. • Total minority population in 1980 for the City of Brooklyn Center was 4.5%; Total minority population 1990 for the City of Brooklyn Center was 9.1 %. Application from the City o Brooklyn Center Minnesota - Police Hiring Supplement Program - Pa PP .�' 1 1' f l Y 8 PP e 1 S S • The median age in 1990 for the City of Brooklyn Center was 33.7; the median age in 1990 for the State of Minnesota was 32.5. • Owner Occupied Households was 69.5% in 1990; Renter Occupied Households was 30.5%. • Households by type in 1990 were; Family Households, 8,141, 72.5 % (Married Couple Families, 6,343, 56.5 %, Other Family, Male Householder, 363, 3.2 %, Other Family, Female Householder, 1,435,12.8 %) and Non - Family Household, 3,085,27.5%. • Median household income in 1989 for the City of Brooklyn Center was $34,168; State of Minnesota median was $30,909. • Median family income in 1989 for the City of Brooklyn Center was $38,818; State of Minnesota was $36,916. • Median non - family income in 1989 for the City of Brooklyn Center was $20,907; State of Minnesota was $17,388. • Income by Type in 1989 were; Wage & Salary, 56.2%; Nonfarm self - employment, 7.3 %; Farm self - employment, .4 %; Social Security, 18.5 %; Public Assistance, 4.9 %; and Retirement, 12.7 %. Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 2 • In 1990 83.8% of Brooklyn Center residents were high school graduates or higher; 14.1 % of Brooklyn Center residents achieved a bachelors degree or higher. In 1990 82.4% of Minnesota residents were high school graduates or higher; 21.8% of Minnesota residents achieved a bachelors degree or higher. • 7.1 % of residents in Brooklyn Center are below poverty; 12.9 % of persons under 18 are below poverty in Brooklyn Center; 10.2 % of all persons in the State of Minnesota were below poverty status in 1989. Brooklyn Center has been increasingly pulled and stressed over the past years to meet the increase in demand for 911 police /fire /medical calls for service while also embarking into its community policing efforts through the implementation of numerous programs and services. The Brooklyn Center Police Department simply does not have the staff to meet the needs of calls for service and the commitment to community policing. It is the department's philosophy that community policing is the way to reduce crime while developing a strong relationship with the community at- large. This is a vital time for the City of Brooklyn Center for we are dealing with "big city" crime in a changing suburban community. In a 1989 Residential Survey of residents in Brooklyn Center, the residents' greatest concerns in Public Safety were drugs, juvenile crime and vandalism, and burglary. 23% of the residents believed that police patrolling in their neighborhood was inadequate. We consider this a substantial percent. Application from the City o Brooklyn Center, Minnesota - Police Hiring Supplement Program - Pa f Y 8 PP e 3 8 8 In keeping with the times of contemporary law enforcement, Brooklyn Center developed a Community Oriented Policing Program (C.O.P.) Program in June of 1991 assigning two full -time officers. However, the staffing required to fulfill its commitment to community policing has not been met. The goals of the department's current C.O.P. Program are: 1) To improve the quality of community life through cooperation with citizens and offering fair and equitable service. 2) To actively seek citizen involvement in all aspects of policing. 3) To resolve problems through the enforcement of laws and implementation of alternative services. 4) To always engage in behavior that is beyond ethical reproach and reflects the integrity of police professionals. 5) To improve the quality of the working environment by engaging in open communication and demonstrating a genuine concern for all department employees. 6) To involve all members of the Brooklyn Center Police Department in a aggressive approach to problem identification and problem solving through greater police /citizen interaction. These goals have not been fully met to department or citizen satisfaction. Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 4 8 PP g The demand for police service is increasing at a faster pace than current staffing levels can handle. Because of the increase in demand, community policing has suffered. The two currently assigned community policing officers are spending more time simply responding to 911 calls for service, therefore reducing their availability to address short-term and long -term community concerns. Community Policing Officers must be freed from the isolation of the patrol vehicle and the demands of the police radio, so that they can maintain daily, direct, fact -to -face contact with the community they service in a clearly defined area. We need sufficient patrol officers to respond to calls for service and we need specifically designated officers for community policing. Receiving 5 additional officers under the U.S. Department of Justice Police Hiring Supplement Program would increase the extent of a more fully rounded community oriented policing program. If officers calls for service workload is appropriate and they are working in the same neighborhoods, they would have the opportunity to work with individuals, families, and businesses in the community to address problems long -term at the appropriate level. The department's current staffing levels do not allow the assigning of officers to add community policing efforts needed without affecting the current ability to respond to calls for police service. Application from the City o Brooklyn Center, Minnesota - Police Hiring Supplement Program - Pa .f Y 8 PP e 5 4 S 1. The population of Brooklyn Center according to the U.S. Census. YEAR POPULATION 1990 28,887 1980 31,230 1970 35,173 1960 24,356 2. The unemployment rate for Brooklyn Center for each of the last S years. YEAR UNEMPLOYMENT RATE 1992 4.9% 1991 4.5% 1990 4.3% 1989 3.5% 1988 3.2% The State of Minnesota unemployment rate in 1992 was 5.1 %. Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 6 3. The ratio of population to sworn officers expressed as number of residents per sworn officer in Brooklyn Center. YEAR POPULATION SWORN OFFICERS RES. PER SWORN 1992 28,558 40 715 1991 28,741 40 719 1990 28,887 38 760 1989 28,578 36 794 1988 29,420 33 892 4. The number of types of citizen calls for service (ie. emergency, non - emergency, violent offenses, property offenses, etc.) handled by patrol officers for each of the last 5 years in Brooklyn Center. TYPE OF CFS 1992 1991 1990 1989 1988 Emergency 3,468 3,196 3,029 2,834 2,809 Non- Emergency 16,080 16,106 19,182 15,026 14,742 Total CFS 19,548 19,302 22,211 17,860 17,551 Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 7 8 PP � 8 5. Brooklyn Center's Uniform Crime Report (UCR) rates for all Part I offenses for each of the last 5 years. PART I CPXdES 1992 1991 1990 1989 1988 Homicide 1 2 1 0 0 Rape 17 20 6 10 9 Robbery 41 61 41 31 24 Aggravated Assault 137 76 35 31 34 Burglary 287 299 384 411 390 Larceny 1,941 1,992 1,851 1,702 1,746 Auto Theft 217 238 215 212 223 Arson 16 6 0 3 2 Total Part I Crimes 2,657 2,694 2,533 2,400 2,428 Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 8 Violent Crimes 1992 1991 1990 1989 1988 Homicide 1 2 1 0 0 Rape 17 20 6 10 9 Robbery 41 61 41 31 24 Aggravated Assault 137 76 35 31 34 Total Violent Crimes 237 159 83 72 67 Property Crimes 1992 1991 1990 1989 1988 Burglary 287 299 384 411 390 Larceny 1,941 1,992 1,851 1,702 1,746 Auto Theft 217 238 215 212 223 Arson 16 6 0 3 2 Total Property Crimes 2,461 2,535 2,450 2,328 2,361 Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 9 P b 8 6. The actual number of full -time and part -time civilians and sworn law enforcement officers employed during each of the last S years in Brooklyn Center. Employees 1992 1991 1990 1989 1988 Sworn Officers 40 40 38 36 33 Full-Time Civilian 14 15 14 14 13 Part-Time Civilian 19 21 21 15 13 6.1 FTE* 5.9 FTE* 5.6 FTE* 3.7 FTE* 3.7 FTE* Total Employees 73 76 73 65 59 60.1 FTE* 60.9 FTE* 57.6 FTE* 53.7 FTE* 49.7 FTE* * denotes Full -Time Equivalency based on 40 hour week 7. The number of officers deployed by function (administration, patrol, and investigation), during each of the last S years in Brooklyn Center. Function 1992 1991 1990 1989 1988 Administration 4 4 4 4 4 Investigation 7 7 7 7 7 Patrol 29 29 27 25 22 Total Sworn 40 40 38 36 33 Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 10 8. The actual number of sworn officers laid off and /or furloughed during each of the last S years in Brooklyn Center. Brooklyn Center is a fiscally responsible city. The City has had very few layoffs over the past 5 years, handling staff reductions through attrition and hiring freezes. The police department is fortunate not to have suffered from decreases in personnel. 9. The actual operational expendituresforpolice services and total expenditures by Brooklyn Center for each of the past 5 years. EXPENDITURES 1992 1991 1990 1989 1988 Personnel Services $2,779,280 $2,567,997 $2,312,505 $2,096,542 $1,849,558 Supplies $40,636 $38,057 $58,762 $28,717 $31,409 Services /Other $233,121 $255,216 $240,625 $195,987 $166,985 Police Operational $3,053,037 $2,861,270 $2,611,892 $2,321,246 $2,047,952 City Operational $9,240,861 $9,113,559 $9,195,188 $8,548,815 $7,913,608 The police department has taken a disproportionate amount of the city budget. Other departments that could help in the prevention of crime, such as Park and Recreation and Community Development have been affective. These services are critical to the quality of life to the community of Brooklyn Center. In addition: Application from the City o Brooklyn Center Minnesota - Police Hiring Supplement Program - Pa PP .�' tY .f Y � 8 PP e 11 8 8 • Local Government Aid (LGA) has decreased 14% ($293,299) from 1988 to 1992. • (Tax base for residential /commercial 1988 -1992) • (Vacancy in office space) • (Vacancy in rental property) 10. The expenditures for police overtime and /or the amount of compensatory time granted in lieu of overtime spending for each of the past 5 years in Brooklyn Center; provide an explanation for overtime expenditures. Expenditure 1992 1991 1990 1989 1988 Overtime $100,005 $78,023 $84,365 $80,179 $68,212 Comp -Time $26,021 $16,511 $16,220 $7,710 $6,742 Total $126,027 $94,534 $100,584 $87,889 $74,955 Overtime expenditures are made when there are shift shortages and special details (eg. DWI car, local parade, Brookdale Shopping Center traffic, civil disturbances). Application om the City o Brooklyn Center, Minnesota - Police Hiring Supplement Program - Pa .� t3' .f l Y 8 PP a 12 8 8 B. Strategy Brooklyn Center's current Community Oriented Policing Program is currently operating as problem oriented policing. Patrol Officers do not have time to address crime problems from a prevention objective. 1. Any community policing activities currently used by Brooklyn Center, emphasizing those efforts that promote law enforcement partnerships with citizens and non -law enforcement organizations. • Community Oriented Policing Program -Our Community Oriented Policing (C.O.P.) Program is designed to enhance the quality of life in the City of Brooklyn Center by working with the citizens, businesses and others in the community. The C.O.P. Program has 2 full -time officers available for problem solving and intervention. • Humboldt Square Police Substation - The police department has a substation located at the Humboldt Square Shopping Center. The substation provides an environment where citizens can readily bring concerns affecting their family or neighborhood. Citizen volunteers work with police officers in staffing the substation. • Crime Prevention Fund - The Brooklyn Center Crime Prevention Fund is a non- profit community service organization comprised of residents and representatives from local civic groups. The Crime Prevention Fund works in cooperation with the police department to provide crime prevention education, specifically Neighborhood Application from the City o Brooklyn Center Minnesota - Police Hiring Supplement Program - Page 13 PP .IS' rY .f Y 8 PP 8 8 Watch, Crime Tips line, and many others. Monies are raised through citizen and business donations. • Drug Abuse Resistance Education - D.A.R. E. is a program designed to prevent drug abuse in children and youth. Teaching children the skills to say "no" to alcohol and drugs is the focus of D.A.R.E. D.A.R.E. is taught by trained officers to all 5th graders in schools located in Brooklyn Center. (approximately 1,000 students annually) • Project P.E.A.C.E.- Project P.E.A.C.E. (Protect, Educate, Advocate, Counsel, Empower) serves victims of domestic violence. The Project provides advocacy, housing, legal assistance, and support. • Senior Crime Victims Contact -The Senior Crime Victim Contact Program reaches out to elderly victims of crime (60 years of age and older). The purpose of the program is to express the police department's concern for seniors who fall victims of criminal activity. The contact person from the police department asks the victim for any further information regarding the crime, offers suggestions on how to aid the police and also offers tips on crime prevention. The Senior Crime Victim Contact Program is an effective way to gain valuable crime information and also support the senior victim. • Twin Lake Water Patrol - Twin Lake Water Patrol is a joint enforcement venture with the cities of Brooklyn Center, Robbinsdale and Crystal who share the boundaries of Twin Lake. The patrol is supervised by a Sergeant of the Brooklyn Center Police Department and is staffed by citizen volunteers and non -sworn police Application from the City Brooklyn Center, Minnesota - Police Hiring Supplement Program - Pa �' f Y 8 PP a 14 8 S personnel. The patrol has resulted in a decrease of reported watercraft violations and criminal activity on Twin Lake. • The Telephone Assurance Program - T.A.P. is designated for senior citizens and persons with disabilities who live alone. The Program allows these individuals to continue living on their own while providing assurance that their well -being is monitored on a daily basis. • Explorer p orer Post -The Brooklyn Center Explorer Post 888 is an Emergency Preparedness unit whose purpose is to introduce teenage youth to various aspects of the police and fire services through hands -on experience. • Ride -Along Program - Citizens can ride -along with an officer and observe first hand the role of the B.C.P.D. in the community. • Mediation - Those individuals who are experiencing conflicts within their families or with others that they care unable to resolve are referred to mediation services. • At -Risk Youth Program - The At -Risk Youth worker is a free - standing liaison between the City and at -risk youth of Brooklyn Center providing opportunities for recreation and assistance with school problems, while avoiding the appearance of having to deal with established institutions (eg. school districts, police department, park and recreation department). All activities are run on an informal basis to avoid the impediment of formal structure. • Apartment Managers Organization - The Brooklyn Center Police Department works in conjunction with the Department of Community Development to sponsor monthly meetings which feature speaker presenting topics of interest to apartment managers. Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 15 The Brooklyn Center Police Department Crime Prevention Officer updates managers on the latest crime trends. The apartment managers also receive monthly print-outs p g y p touts of calls for service activity for their complex. • Neighborhood Watch - The Neighborhood Watch Program enables citizens to organize their neighborhoods in the fight against crime through meetings and publications. Watch Groups are kept informed of activity in Brooklyn Center and crime prevention tips • McGruffHouse - Residents who are at home day hours and pass a background check are given a McGruff Safe House Sign which identifies the home as one that children can go to in emergency situations. • Combat Auto Theft - C.A.T. requires that a vehicle owner affixes a reflective sticker to the rear of their car window which authorizes police officers to stop the vehicle between the hours of 1 :00 to 5:00 a.m. , the time auto thieves are most likely to be out. • Operation ID - Operation Identification allows citizens and business owners to mark their property with a unique number that will assist in the prevention of theft and aid in the recovery of stolen property. 2. How Brooklyn Center will involve community leaders and residents in planning, implementing, and coordinating this project with non -law enforcement organizations. g g P 1 .f g Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 16 3. How Brooklyn Center will coordinate this project with other criminal justice systems components, including an assessment of the effects of additional police on these i agencies. Develop interdisciplinary relationships with other criminal justice professionals; judges, court administrators, sheriffs department, workhouse, adult detention, child protection. 4. The specific geographic area(s) to be served by this project and the crime related problems that community policing would address effectively in Brooklyn Center. Areas: Four Courts Apartments • 493 Calls for Service in 1992 • 252 Units • 1.96 Calls for Service per Unit Hi -Crest Apartments • 224 Calls for Service in 1992 • 54 Units • 4.15 Calls for Service per Unit Humboldt Court Apartments • 99 Calls for Service in 1992 Application o l - pp , fr m the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program Page 17 I • 36 Units • 2.75 Calls for Service per Unit Humboldt Square Apartments • 72 Calls for Service in 1992 • 18 Units • 4.0 Calls for Service per Unit Lyn River Apartments • 279 Calls for Service in 1992 • 84 Units • 3.32 Calls for Service per Unit Northbrook Apartments • 24 Calls for Service in 1992 • 11 Units • 2.18 Calls for Service per Unit Northlyn Apartments • 224 Calls for Service in 1992 • 102 Units • 2.2 Calls for Service per Unit The Ponds • 404 Calls for Service in 1992 • 112 Units • 3.61 Calls for Service per Unit Application from the Cit Brook Center, Minnesota - Police Hiring � o f y g Supplement Program - Page 18 Timber Ridge Apartments • 564 Calls for Service in 1992 • 216 Units • 2.61 Calls for Service per Unit 6525 -27 -29 Willow Lane • 102 Calls for Service in 1992 18 Units • 5.67 Calls for Service per Unit Brookdale Shopping Center Humboldt Avenue Merchants Brookdale Hotel, Budgetel, Park Inn International, Holiday Inn, Super 8 Profiling of City's Hotels /Motels for larcenies, drug trafficking, prostitution Application from the City o Brooklyn Center Minnesota - of Program - Pa pp fr ty f y Police Hiring Supplement a 19 P g g 5. The speck strategies and innovations that Brooklyn Center will employ to respond to identified problems. • Town Meetings - The Brooklyn Center Police Department would work with the Brooklyn Center Crime Prevention Fund coordinating community meetings to gain citizen input and direction on community concerns relating to crime and crime prevention. The Police Administration will review, evaluate, and implement the appropriate recommendations. These meetings could be geared for residents, teen, commercial, etc. • Expand the Humboldt Substation - The Humboldt Substation is currently staffed by volunteers during evening hours, 6 days a week. The substation has proven to be an extremely valuable community resource serving residents of the area. The expansion would allow additional hours, reaching a larger portion of the community (eg. short- term daycare, summer youth activities, assistance in completing business and government forms and correspondence, host small group round table discussions on a variety of topics). • Community Resource Center - This Center is located on the border of Brooklyn Center in Brooklyn Park (serving a population of 56,000). Brooklyn Center has been invited to share in the responsibility of working cooperatively with the City staff of Brooklyn Park in providing a variety of municipal services (eg. crime prevention, park recreation activities). Brooklyn Center currently does not have the manpower to contribute to this effort of community policing. Although located in Brooklyn Park, Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 20 the Center serves many residents of Brooklyn Center. Brooklyn Center is anxious to share in this commitment of community policing. • Community Surveys - The Brooklyn Center Police Department has been unable to devote time necessary to conduct a meaningful and specifically valid survey of residents' opinions of the current quality of police services. The survey would prove valuable in evaluating police programs and determining which should be expanded, maintained or eliminated. • Youth Oriented Policing - Officers will act as resources for the local school districts n high school levels by appearing as guest speakers at the elementary, junior and senior g s oo (eg. Officer Friendly, civics classes, career days). The educators and students will have the opportunity to establish a relationship with the police department. Youth Oriented Policing would be extremely valuable in decreasing juvenile crime (eg. larceny, auto theft, drugs, vandalism) through the emphasis on good citizenship. Brooklyn Center school districts encompass XXXX youths. • Foot Patrol - Brooklyn Center Police Patrol Division relies heavily on mobile patrol. Additional officers will allow the department to assign foot patrol to apartments and commercial areas. The implementation of the foot patrol is vital in building a cooperative spirit with the residents and businesses of the community. • Juvenile Diversion Program - Brooklyn Center will coordinate its Juvenile Diversion Program with Operation DeNovo, the Hennepin County Juvenile Diversion Program, which is a function of the Y Hennepin County's Attorney's Office. Officers who come P Y in contact with juvenile offenders will refer them to Operation DeNovo for 0 Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 21 evaluation and appropriate action. The juvenile offender may be given a court appearance or may be referred to an appropriate diversion program involving community service, mediation, counselling or other appropriate intervention. The advantages in coordinating with Operation DeNovo is its role as a clearing house for all juvenile offenders which aids in tracking multiple offenders. Operation DeNovo also has the capability of selecting the appropriate diversion program that fits the needs of the juvenile. Additional police officers in the Brooklyn Center Police Department will result in increased activity for Operation DeNovo. • Burglary Review - The burglary review program will concentrate on commercial burglaries. A patrol sergeant will be sent to the scene of each commercial burglary to determine if the burglary should have been detected by officers assigned to patrol the area. If the burglary is determined to have been discoverable by a passing patrol vehicle, the officer assigned to the sector will be counselled and advised to increase awareness of commercial burglary targets. The burglary review program will renew awareness among patrol officers and merchants. The Brooklyn Center Police Department anticipates a 10% decrease in commercial burglary 6 months after the program is implemented. Forms will be devised and performance records kept to encourage building checks and increase business security surveys. • Directed Patrol - Additional officers will allow the Brooklyn Center Police Department to deploy resources where specific problems have been determined. Application from the City o Brooklyn Center Minnesota - Police Hiring Supplement Program - Page 22 f ty f y Officers will be relieved from normal calls for service and will concentrate on enforcement of specific violations that affect the quality of life in that neighborhood. The Brooklyn Center Police Department currently spends approximately 500 hours per year in directed patrol. Current staffing levels in the patrol division do not allow latitude for extensive directed patrol designed to respond to identified problems. Additional patrol officers will allow the Brooklyn Center Police Department to increase directed patrol by 1,000 hours per year. Directed patrol will be fully utilized to respond to identified problems affecting the quality of life of the residents of Brooklyn Center. • Traffic Unit - Officers will be assigned to enforce pedestrian bicycle and motor vehicle violations. Officers will investigate accidents involving pedestrians, bicycle and motor vehicle. Other officers will be free to patrol residential and commercial areas. • Increase follow -up by Patrol Officers (explain) • Unmarked cars, plain clothes details (explain) • Greater use of statistical data for the appropriate resources (explain) • Senior Housing (explain) • Safe Zones (Schools and Public Housing) (explain) Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 23 6. How Brooklyn Center will select the officers who will be assigned to community policing. y .� 8 ty . P 8 (These officers do not need to be the officers actually hired with these project funds.) The Brooklyn Center Police Department will select Community Oriented Policing Officers by requesting that interested officers submit a resume and participate in an interview to determine their level of commitment to Community Oriented Policing. Those officers interested will also have their personnel file evaluated to determine their suitability for Community Oriented Policing. Senior officers will be given preference when the job relevant qualifications of interested officer are equal. C. Implementation Plan (Provide a plan for implementing the strategy described in B. Provide a detail schedule that includes milestones for significant tasks. The schedule and milestones must include the expected dates when newly hired /rehired officers will be sworn and deployed. Also provide the dates when officers will be assigned to project - related community policing activities). D. Continuation and Retention Plan It is the intention of the City Manager, City Council and the Chief of Police to continue this project and retain the positions created with the project funds following the expiration of the grant monies in 1996. Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 24 E. Additional Resource Commitments Current and Past Grant Funding; Hennepin - Anoka Drug Task Force • State of Minnesota Department of Public Safety funded through Federal monies At -Risk Outreach Program (grant expired in 02/93 - City continued Program) • State of Minnesota Department of Public Safety - Officer of Drug Policy, Community Crime and Drug Prevention Program Additional Funding through the Brooklyn Center Crime Prevention Fund and Local Businesses and Civic Organizations Joint Project Funding - Cooperating funding, reduces costs, cost effective: Project P.E.A.C.E. (explain) P.U.P.S. (explain) F. Budget Proposal Application from the City of Brooklyn Center, Minnesota - Police Hiring Supplement Program - Page 25 CITY OF BROOKLYN CENTER Council Meeting Date I L`22/93 Agenda Item Number 40 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -27, REPLACEMENT OF LIGHTS FOR HOCKEY FIELDS AT NORTHPORT PARK AND AT GARDEN CITY PARK, ACCEPTING PROPOSAL AND AWARDING CONTRACT, AND APPROPRIATING FUNDS THEREFOR DEPT. APPROVAL: 0 Zz— A � � �, SAhapp, rector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On October 28, 1993 the southwest light pole at Northport Park hockey rink blew down onto the hockey rink. On checking the pole, Street and Park Supervisor Bob Cahlander found that the pole was badly rusted through on the bottom. Checking the other poles at Northport Park, and at Garden City Park, which has similar poles, revealed that the other three poles at Northport and two of the four poles at Garden City have rust holes around the bottom. (See attached photos.) I recommend that all eight poles be replaced immediately. In addition, as the lights on the poles at Northport are 20 years old and not energy efficient, I recommend that those be replaced at the same time. It is likely that replacement of the lights would qualify the City for a rebate from NSP. We are currently working with NSP to determine the .amount of that rebate. Two proposals were obtained for this improvement. They are: Bacon's Electric $14,400 Collisys $15 The lowest proposal received was that of Bacon's Electric. We have worked satisfactorily with this firm many times. Accordingly, I recommend award of a contract for this improvement to Bacon's Electric in the amount of $14,400.00. The costs of this project would appropriately be charged to the Capital Improvements Fund. RECOMMENDED CITY COUNCIL ACTION A resolution awarding a contract and making an appropriation is provided for Council consideration. 1 l �R _ I ty ' f t tr � h J � • ,ro a. �# � �P.� �� i^s • � •A\ -j " fl .�r� 1 i r + f�v�Gt • r , i d` * S'zd`�° !h� rev y,- `.T . .' �. Al � 1 sJ✓ 77 +* `° � t � '"w•.,yww'r"`,�""ti �,,,,F, 10 •. ,. ,rye` r �t � __ i+ i�ri�� 7�'"` � •1, t �, �•. ¢ ,,.+;��� t r '• O 1''TS"i�$�� �r` F �, r `' I P. , iP ". ? `� d', .++M'� .� ' � JC`;'' t t �_" �� Ni 1 .o ;'��„'%' ..,r+"'� � �/Jii• �`' � "� yt'Y' li r 1,�� «: r,, � '�' "'.,r^'� arm -• f �. ' a 'Y v 'r � t ` J 1 4 � •. • Z � • >'� '�,{ � �.`,`�}a`rt .R i ��" `�''" ,; •:: `� � �. '� ' ,;; ' �s� ^ `:.t �� { Y •JV f - 1� �+y't1 �1: . �r 1...�Q r�+�• �a j/'. -4 1fy S• . t �i�+ �' <•. it ''� ! { r��, >N �'• - 1 i \ \ •� P r, ✓.. /'. +/..: . �{ ;fie '1��i�;l ���� ���;�� Z� ��` rt �v' q'�i! ,..,;;' j`- ., "''� ! "� � ,`• � . � '� ��,x� ^� t �F,,s '� h �• 1 S� 3�j4't : •, j �,�. i .�. �'�,. ��liv � 55 i r�} h..^4�S•• 1 "wl ` � 1L 1� F `lf'Y H * eY if � M11�� f ''�tL' J u l �" ..✓.. •'fy s`;` �'. .'. ` t fj��.y y +�K N °�� 5+,4,� �rv, T.. fM•Y �� f / � ��` Y ! ' � .�, lid �f ! �. t v `t � yJS e• F �.t�� p � r�� � �Fa�Y• �t 7�� �'�� � N s , /",�h�,�.��t, ' r '!' r 1•� +� .' w r +,fi Y (,'A� �[tr thr l '[J1 N �i 7'. � +!, i 1 �r !i'`� ,( F ;..'. •�r lr 'r>P,j..��' F�', ••� •�,�R`��{•� „C..�j`'R���!. i ,�t•,�`4 �I+� ., :l�r�.� la tit i �' t tjt r J � �3 �; tt '�`” 9 _ S:' rod, ,i yl�' .r'• •..,� �}' Member introduced the following resolution and moved its adoption: RESOLUTION N0, RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -27, REPLACEMENT OF LIGHTS FOR HOCKEY FIELDS AT NORTHPORT PARK AND AT GARDEN CITY PARK, ACCEPTING PROPOSAL AND AWARDING CONTRACT, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Director of Public Works has reported to the City Council of the need to replace rusted hockey light poles at two city parks, and the hockey lights at one of those parks; and WHEREAS, proposals for replacing said poles and lights were as follows: Bidder Bid Bacon's Electric $14,400 Collisys $15,109 WHEREAS, it appears that Bacon's Electric of Minneapolis, Minnesota, has provided the lowest responsible proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project No. 1993 -27, Replacement of Lights For Hockey Fields at Northport Park and at Garden City Park, is hereby established. 2. The proposal as submitted by Bacon's Electric of Minneapolis, Minnesota is hereby accepted and the Mayor and City Manager are hereby authorized and directed to enter into a contract, in the amount of $14,400.00, with Bacon's Electric in the name of the City of Brooklyn Center, for Improvement Project No. 1993 -27. 3. All costs relating to this project shall be charged to the Capital Improvement Fund. 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 11/22/93 I s Agenda Item Number /o b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL: f� Sy Knapp, ` irector of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached---- The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. RECOMMENDED CITY COUNCIL ACTION It is recommended the Council adopt the attached resolution. Ash Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 11/22/93 ) WHEREAS, a Notice to Abate Nuisance and Diseased Tree Removal Agreement has been issued to the owners of certain properties in the City of Brooklyn Center giving the owners twenty (20) days to remove diseased trees on the owners' property; and WHEREAS, the City can expedite the removal of these diseased trees by declaring them a public nuisance: NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The diseased trees at the following addresses are hereby declared to be a public nuisance: TREE PROPERTY OWNER PROPERTY ADDRESS NUMBER ---------------------- - - - - -- ----------------------- - - - - -- -- - - - - -- CITY OF B.C. WEST PALMER PARK 179 CITY OF B.C. GARDEN CITY PARK 180 CITY OF B.C. FIRE HOUSE PARK 181 CITY OF B.C. BELLVUE PARK 182 2. After twenty (20) days from the date of the notice, the property owner(s) will receive a second written notice providing five (5) business days in which to contest the determination of the City Council by requesting, in writing, a hearing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. All removal costs, including legal, financing, and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Deputy City Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 11/22/93 Agenda Item Number 0 e. REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS (MARANATHA PROJECT) SERIES 1993, THE EXECUTION OF RELATED DOCUMENTS AND THE PERFORMANCE OF RELATED ACTIONS DEPT. APPROVAL: Tom $ublitz, Community Development Specialist a ;st �R MANAGER'S REVIEW/RECOMAMNDATION: `• *toe, • No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X 1 This resolution provides for the final approval of the revenue bonds for the Maranatha housing project. The City Attorney has reviewed the bond documents and has found them to be in order. RECOMMENDED CITY COUNCIL ACTION Staff recommends approval of Resolution Authorizing the Sale and Issuance of Health Care Facilities Revenue Bonds (Maranatha Project) Series 1993, the Execution of Related Documents and the Performance of Related Actions. loc Member introduced the following i s resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE AND ISSUANCE OF HEALTH CARE FACILITIES REVENUE BONDS (MARANATHA PROJECT) SERIES 1993, THE EXECUTION OF RELATED DOCUMENTS AND THE PERFORMANCE OF RELATED ACTIONS BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota (the "City "), as follows: Section 1. Authorization and Recitals 1.01 General Authority Pursuant to Minnesota Statutes, Chapters 462C and 462A (the "Act ") , the City is authorized to issue revenue bonds to (i) refund at a discount the City's First Mortgage Elderly Housing Revenue Bonds, Series 1987 (Maranatha Place Project) that were issued to finance the acquisition and construction of a 65 unit multifamily rental housing and 7 unit assisted living project for the elderly, and related facilities, located at 5415 69th Avenue North in the City which will be owned by Center Park Senior Apartments, Inc. (the "Apartment Project ") , (ii) refinance certain taxable debt incurred in connection with the Apartment Project, (iii) refund certain taxable debt previously incurred for improvement to a 106 bed nursing home located at 5401 69th Avenue North in the City which is owned by Maranatha Conservative Baptist Home, Inc. (the "Nursing Home ") , (iv) pay certain costs for improvement of the Nursing Home, and (v) establish reserves and pay costs of issuance (the "Project ") , which constitutes a "development" within the meaning of the Act, in particular Section 462C.05, Subdivision 7 of the Act. 1.02 Proposed Financing The Apartment Project will be owned by Center Park Senior Apartments, Inc. and the Nursing Home is owned by Maranatha Conservative Baptist Home, Inc., (collectively, the "Borrowers "), each a Minnesota nonprofit corporation. The Borrowers have requested the City to issue and sell its Health Care Facilities Revenue Bonds (Maranatha Project) Series 1993 in an aggregate principal amount of not to exceed $4,100,000 (the "Bonds "). The Bonds are proposed to be issued pursuant to an Indenture of Trust (the "Indenture ") between the City and National City Bank of Minneapolis (the "Trustee ") . Sale proceeds of the Bonds are proposed to be loaned to the Borrowers pursuant to a Loan Agreement (the "Loan Agreement ") in order to finance the Project as described above. The Loan Agreement will provide for payments from the Borrowers sufficient to timely pay when due all principal of and interest on the Bonds. The Bonds are proposed to be secured by an assignment to the Trustee of all rights of the City in the Loan Agreement (with certain exceptions) and by a mortgage lien on and security interest in the Project as well as an assignment of leases and rents of the Project granted Resolution No. pursuant to a Mortgage Agreement from the Borrowers to the City (the "Mortgage ") . The City is proposed to assign its rights under the Mortgage to the Trustee pursuant to an Assignment of Mortgage (the "Mortgage Assignment "). Disbursement of Bond proceeds deposited in the Construction Fund created by the Indenture shall be subject to a Disbursing Agreement between Maranatha Conservative Baptist Home, Inc., the Trustee and the Disbursing Agent named therein (the "Disbursing Agreement "). Dougherty, & Bigelow Incorporated (the hert Dawkins Strand g Y, g P h "Underwriter") proposes to act as the underwriter to purchase a ll Bonds at the prices and upon the terms set forth in a Bond Purchase Agreement between the City, the Borrowers and the Underwriter (the "Bond Purchase Agreement "). The Bonds will be offered pursuant to a Preliminary Official Statement (the "Preliminary Official Statement ") and are proposed to be sold pursuant to a final Official Statement (the "Final Official Statement "). 1.03 Documentation Forms of the following have been prepared and submitted to this Council and are hereby directed to be filed: (a) the Indenture; (b) the Loan Agreement; (c) a form of Bond (attached as Exhibit A to the Indenture); (d) the Mortgage; (e) the Mortgage Assignment; (f) the Bond Purchase Agreement; and (g) the Disbursing Agreement. Section 2. Findings and Approval of Documents Based on the foregoing, the City Council hereby determines that issuance of the Bonds furthers the purposes of the Act and approval of the Bonds and the transactions herein contemplated are in the public interest of the City. The forms of each document listed in Section 1.03 are hereby approved. Section 3. Official Statement The Board has been presented with the form of the Preliminary Official Statement and a form of the Official Statement and hereby ratifies its consent to the use of the Preliminary Official Statement and consents to the MFFOC838 . WP5 -2- Resolution No. use of the Final Official Statement in substantially the form presented. The City has not reviewed or participated in the preparation of the Preliminary Official Statement or the Final Official Statement, has made no independent investigation with respect to the information contained therein and assumes no responsibility for the accuracy or completeness of such information. Section 4. The Bonds- Terms Sale and Execution 4.01 Authorization; Price The Board hereby authorizes the issuance of the Bonds in the above - described aggregate principal amount bearing the interest rate or rates as negotiated between the Borrowers and the Underwriter (provided such rate or rates shall not exceed 8.50. per annum) and the sale thereof to the Underwriter at the price and upon the terms contained in the Bond Purchase Agreement. 4.02 Terms All terms of the Bonds, including their interest rates, series, dates, maturity, place and medium of payment, registration privileges, redemption terms, manner of execution, form and other terms, covenants and conditions shall be as provided in the Indenture, which is hereby incorporated in its entirety herein and shall constitute a part of this Resolution; provided that the Bonds shall be subject to maturity or mandatory 0 sinking fund redemption commencing in 1994 through final maturity in amounts that shall cause annual scheduled payments of principal and interest to be approximately level. 4.03 Execution The Mayor and City Clerk are hereby authorized and directed to execute the Bonds and the other documents referred to above, to the extent the City is a party thereto and the signatures of such persons are called for, and to deliver them to the Trustee, together with the other documents, certificates, consents or instruments required of the City in the Indenture or as may be appropriate to effect the transactions herein contemplated, but only upon satisfaction of the conditions precedent to issuance of the Bonds set forth in the Indenture and satisfaction (or waiver) of the conditions precedent to the Underwriter's obligation to purchase the Bonds set forth in the Bond Purchase Agreement. Copies of all foregoing documents, certificates, consents or instruments shall be delivered, filed and recorded as provided therein. 4.04 Modifications Absence of Officers The approval hereby given to the execution and delivery of various items referred to in Section 4.03, including the Bonds, includes an approval of such modifications thereto, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Faegre & Benson as Bond Counsel prior to the execution and 0 MFF0C838 . WP5 - 3 - Resolution No. delivery of the same. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall- be conclusive evidence of the approval of such documents in accordance with the terms hereof. in the absence or disability of any officer or employee of the City, any of the documents authorized by this Resolution to be executed by such person may be executed by any other person who is otherwise permitted by law to execute such documents on behalf of the City. Section 5. Authentication of Proceedings The Mayor, City Clerk and other officers of the City are authorized and directed to furnish to the Underwriter and Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officers' custody or control or as otherwise known to them; and all such certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Section 6. Limitations of the City's Obligations The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation, and shall not be payable from nor charged upon any funds other than the revenues pledged to the payment thereof, and no holder of the Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the premium, if any, or interest thereon, or to enforce payment thereof against any property of the City, other than those rights and interests of the City pledged therefor under the Indenture, Mortgage and Mortgage Assignment. The agreement of the City to perform the covenants and other provisions contained in this Resolution or the Bonds, the Loan Agreement, the Indenture, the Mortgage, Mortgage Assignment or the Bond Purchase Agreement shall be subject at all times to the availability of revenues furnished by or on behalf of the Borrowers sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. Section 7. Effective Date That Resolution shall become effective as of the date and time of its adoption. MFFOC838 . WP5 -4- 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. MFFOC838.WP5 -5- CITY OF BROOKLYN CENTER Council Meeting Date November 22, 199 Agenda Item Number /D REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1993 BUDGET AND AUTHORIZING PURCHASE OF A PHOTOCOPY MACHINE DEPT. APPROVAL: kh4n&� Geralyn . Barone, Personnel Coordinator MANAGER'S REVIEW/RECOM?VIENDATION: No comments to supplement this report Commends below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) This is a request to replace the IBM photocopy machine located in the machine room at city hall. • Originally, this item was included in the 1994 budget. However, due to very regular breakdowns of the IBM machine, there is a greater urgency to replace this copier as soon as possible. Currently there are two copy machines in the machine room at city hall, the IBM and a Canon. The IBM is eight years old, and because of the high frequency of service calls, a replacement was requested in the 1994 budget. The IBM is the main copy machine used to run city council agenda packets and has features the Canon does not have that make it preferable for efficiency reasons to use it for agenda preparation. As noted above, there has been a significant increase in the number and frequency of service calls to fix the IBM copier, particularly in the last several months. The machine breakdowns often come at the most inopportune times (usually around agenda preparation days when usage is highest), and this creates a great loss in productivity for our support staff and sometimes some overtime expenses. In order to speed up the replacement process, the city council is being asked to authorize the purchase of the copier with 1993 funds from the contingency account and delete the request from the 1994 proposed budget. If we are able to find a copier that fits our needs using either the State or Hennepin County bidding contracts, there will not be any local bidding requirements to meet. Should our needs not be met from what is available on these contracts, then it will be necessary to obtain bids and receive city council approval on the final bid. At this point, we are requesting the council to approve the purchase of the copy machine within the confines of the 1993 budget. If the actual purchase cannot be made in calendar year 1993, we would ask that these earmarked funds be carried forward into the 1994 budget. RECOMMENDED CITY COUNCIL ACTION Approve a Resolution Amending the 1993 General Fund Budget and Authorizing the Purchase of a Photocopy Machine /od 0 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1993 BUDGET AND AUTHORIZING PURCHASE OF A PHOTOCOPY MACHINE WHEREAS, the purchase of a copy machine was comprehended in the 1994 budget planning process; and WHEREAS, the mechanical condition of the present copy machine has been steadily declining and requires service on a weekly basis, and therefore, it has been deemed necessary to purchase a copy machine prior to approval of the 1994 budget; and 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 that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the City of Brooklyn Center is a member of both the Hennepin County Cooperative Purchasing Group and the Minnesota Cooperative Purchasing Venture; and WHEREAS, the Hennepin County Cooperative Purchasing Group and the Minnesota Cooperative Purchasing Venture each have contracts for copy machines which the City could take part in if a suitable copy machine is found within the contract specifications, thereby eliminating the need for the formal advertising and bidding process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1993 General Fund Budget as follows: 1. Increase the appropriation for the following line item: • Department 180, Unallocated Department Expenses • Object Number 4551, Office Furnishings and Equipment $30,000.00 2. Decrease the appropriation for the following line item: • Department 182, Unallocated Departmental Expenses • Object Number 4995, Contingency $30,000.00 BE IT FURTHER RESOLVED that if a suitable copy machine cannot be purchased through the Hennepin County Cooperative Purchasing Group or the Minnesota RESOLUTION NO. Cooperative Purchasing Venture, the City Council of the City of Brooklyn Center does hereby authorize the advertisement of bids for a copy machine; and BE IT FURTHER RESOLVED that if a copy machine cannot be purchased and delivered by December 31, 1993, the City Council does authorize the $30,000 appropriation to be transferred into the 1994 General Fund Budget for account 1890 -4551. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded b member P g g Y Y and upon vote being taken thereon, the following voted in favor thereof: and the followin g g voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 11/22/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR A BROOKLYN CENTER PROMOTIONAL ACTIVITY DEPT. APPROV / eiald . Sp er, City Manager MANAGER'S REVIEW/RECONMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION PASS A RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR A BROOKLYN CENTER PROMOTIONAL ACTIVITY Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FUNDING FOR A BROOKLYN CENTER PROMOTIONAL ACTIVITY 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 $1,000 from the 1993 Budget to contract for space at the 1993 Heritage Festival to promote Brooklyn Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1993 General Fund Budget as follows: Increase the appropriations for the following line item: City Council Unit No. 11, Dues & Subscriptions $1,000 Decrease the appropriations for the following line item: Unallocated Department Contingency Account $1,000 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. CITY OF BROOKLYN CENTER Council Meeting Date 11/22/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: J�� J Sharon Knutson, Deputy City Clerk s MANAGER'S REVIEW/RECONMIENDATION: No comments to supplement this report Comments below /attached SUIVEVIARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. • RECOMMENDED CITY COUNCIL ACTION Approve licenses. 11 �icenses to be approved by the City Council on November 22, 1993: CHRISTMAS TREE SALES LOT Builder's Square 3600 63rd Ave. N. City Clerk 9a1� MECHANICAL SYSTEMS Ray Welter Heating & A/C 4637 Chicago Ave. S. Building Official RENTAL DWELLINGS Renewal: John Carnahan 1525 Humboldt Place Qa , John Carnahan 1531 Humboldt Place Community De e opment Director #1C SIGN HANGER Imaginality, Inc. 6182 Olson Memorial Hwy. Midway Sign Company, Inc. 444 N. Prior Ave. 0- a Building Official s Ck *AXICAB Rainbow, #12 2730 Florida Ave. N. Q Police Chief GENERAL APPROVAL: Sharon Knutson, Deputy City Clerk