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HomeMy WebLinkAbout1993 10-12 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER OCTOBER 12, 1993 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 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. 7. Approval of Minutes: * a. September 20, 1993 - Special Session * b. September 27, 1993 - Regular Session 8. Mayoral Appointments: a. Financial Commission b. Northwest Hennepin Human Services Council Advisory Commission c. Discussion of Reappointments for Advisory Commissions 9. Proclamation: * a. Declaring the Week of October 18 through 21, 1993, to be Manufacturer's Week in Brooklyn Center 10. Public Hearing: a, With Respect to Refinancing .,for Facilities of Maranatha Conservative Baptist Home, Inc., and Center Park Senior Apartments, Inc. 11. Ordinance: (7:15 p.m.) a. Interim Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 Lying between Willow Lane and Highway 252 -This ordinance was first read on September 27, 1993, published in the City's official newspaper on October 6, 1993, and is offered this evening for a public hearing and second reading. CITY COUNCIL AGENDA -2- October 12, 1993 12. Discussion Items: a. Citizen Appeal of Administrative Traffic Committee Determination Re: Clear View � Triangle 5603 James Avenue North and 5120 E. Twin Lake Boulevard g 1. 5603 James Avenue North 2. 5120 E. Twin Lake Boulevard b. Status Report on Proposed 1994 Street Improvements -As directed by the City Council on 7/26/93, initial meetings are being conducted in six candidate areas. Staff will present a report covering the status of meetings and studies in these areas. Staff also recommends adoption of the following resolutions: 1. Resolution Authorizing Development of Feasibility Study for 73rd Avenue North Improvements 2. Resolution Authorizing Solicitation of Proposals to Conduct a Topographic Survey of 73rd Avenue North 3. Resolution Accepting Proposal to Provide Geotechnical Services Relating to the Proposed 1994 Street Improvement Program c. Status Report Re: Rates and Policies for Public Utilities 1. Resolution Adopting the Water Utility Rate Schedule 2. Resolution Adopting the Sanitary Sewer Utility Rate Schedule 3. Resolution Adopting the Storm Drainage Utility Rate Schedule 4. Resolution Establishing Water and Sanitary Sewer Hookup Rates for Calendar Year 1994 5. Resolution Amending City Council Resolution No. 89 -121 Regarding Rates for Recycling Services for the City of Brooklyn Center's Curbside Recycling Program 13. Resolutions: • a. Expressing Recognition of and Appreciation for the Dedicated Public Service of Robert Holmes • b. Declaring Heritage Festival as a Civic Event from November 8 through November 13, 1993 CITY COUNCIL AGENDA -3- October 12, 1993 * c. Accepting Work Performed and Approving Final Payment for Contract 1993 -H, Improvement Project No. 1993 -17, Anti-Slip Floor Treatment in Pool Deck and in Locker Rooms in Brooklyn Center Community Center * d. Declaring a Public Nuisance and Ordering the Removal of Diseased Trees (Order No. DST 10/12/93) 14. Final Plat Approval: * a. Brookdale Crossing 3rd Addition 15. Consideration of Specified License: • a. Class B and Sunday On -Sale Intoxicating Liquor License to Chi -Chi's Midwest, Inc., DBA Chi -Chi's Mexican Restaurante • b. Off -Sale Nonintoxicating Malt Liquor License to Birch Bru, Inc., DBA SuperAmerica, Store Number 4058, located at 1901 57th Avenue North within the City of Brooklyn Center * c. Off -Sale Nonintoxicating Malt Liquor License to Birch Bru, Inc., DBA SuperAmerica, Store Number 4160, Located at 6545 West River Road within the City of Brooklyn Center * 16. Licenses 17. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date October I 1993 Agenda Item Number - ia, b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITY COUNCIL MINUTES - SEPTEMBER 20, 1993 - SPECIAL SESSION CITY COUNCIL MINUTES - SEPTEMBER 27, 1993 - REGULAR SESSION DEPT. APPROVAL: ..fit Sharon Knutson, Deputy City Clerk MANAGERS REVIEW/RECONMENDATION. �� No comments to supplement this report Comments below /attached • SUNDIARY EXPLANATION: (supplemental'sheets attached ) L 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 SESSION SEPTEMBER 20, 1993 (RECONVENED FROM SEPTEMBER 13, 1993, MEETING) CITY HALL CALL TO ORDER The Brooklyn Center City Council met in special session (reconvened from September 13, 1993, meeting) and was called to order by Mayor Todd Paulson at 7 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. 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, Public Works Coordinator Diane Spector, City Engineer Mark Maloney, Director of Community Development Brad Hoffman, and Council Secretary Kathy Stratton. OPENING CEREMONIES The invocation was observed with a moment of silence dedicated to the memory of Mr. Howard Atkins. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. APPROVAL OF AGENDA There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve the agenda. The motion passed unanimously. PLANNING COMMISSION ITEM The City Manager introduced Planning Commission Application No. 93010, submitted by Holiday Station Stores, Inc., request for site and building plan and special use permit approval to construct a gasoline station /convenience store /car wash at 6550 West River Road. He indicated this application was considered by the Planning Commission on August 12 and August 26, 1993, and was recommended for denial. He explained the City Council 9/20/93 - 1 - had begun to discuss this application on Monday, September 13, 1993, when a medical emergency prevented further proceedings. He said the meeting tonight should pick up where it had been left off last week. Mayor Paulson commended the members of the public for last week's willingness to keep comments short, avoid repetition, and refrain from applause or response to speakers, and asked the group to do the same this week. He then offered the applicant the opportunity to address the Council. Mr. Tom Gedde of Holiday Station Stores, Inc. began by introducing several members of the Holiday staff and explained each one would address the Council later. Mr. Gedde explained the property involved in this application has been zoned C -2 for literally decades and had actually had a filling station on it until 1978. He said Holiday's intended use is nothing new, and even without a special use permit the property allows for a convenience store. He explained in 1989, Mr. Atkins and FINA came to the City Council with requests for rezoning, to which the Council responded by adopting a moratorium on development and asking Short - Elliot- Hendrickson (hereafter SEH) to study the matter because of concerns expressed by neighbors. He reviewed their findings with use of overhead and emphasized these professionals, chosen by the City, recommended the property remain C -2. Ms. Lynn Anderson, also of Holiday Station Stores, Inc., thanked the Council for considering the application and gave a brief introduction of Holiday Station Stores, Inc. as a first -rate corporation desiring to be involved in communities. 0 Another representative of Holiday Station Stores Inc. Mr. Jerry Jensen described the p Y �' proposed facility's appearance as well as drainage plans, screening measures, and landscaping plans far in excess of the required 80 points, with proposed plantings on the adjacent C -1 property in addition to the landscaping actually on the site. In response to Councilmember Scott's question whether the plan for trees was meant to screen headlights, Mr. Jensen explained they were both for aesthetics and for screening. i Mr. John Paulson of KKE Architects ave a presentation of the building and showed g P g materials used were of a quality superior to what was required and to the type of buildings already constructed along T.H. 252. Mr. Joel Giel, Project Manager for Holiday Station Stores, Inc., explained plans for underground piping and double wall STP 3 tanks equipped with protection from corrosion. He indicated tanks would be monitored by station personnel and tested annually. He added the car wash would contain a trap to catch water, grease, and oil before being discharged into the City sewer system and then into the river. Mr. Gedde explained Brooklyn Center's own staff had recommended approval of Holiday's application providing 13 conditions were met. He restated ways in which Holiday had 9/20/93 - 2 - amended plans in order to accommodate the wishes of Brooklyn Center staff and the requests of the neighbors, to the point where no further request was made that Holiday had not met. He then asked the Director of Public Works to address the traffic concerns. The Director of Public Works explained he had not reviewed any new information, but based on previous and existing information, the studies by SEH in 1989 indicated no serious problem at the intersection in question. He said regarding the information given last Monday night and this evening on green time for west -bound traffic, he personally drives the area and usually makes it through in one cycle, with rarely having to wait two or three cycles. He added neighbors of his in the north end of the neighborhood regularly use this intersection as a preference over the intersection at 73rd Avenue. The Director of Public Works stated there are 53,000 cars per day on T.H. 252, 2,657 per day on the east leg of T.H. 252 and 66th Avenue, and 7,300 per day on the west leg by SuperAmerica. He said he was not aware of any serious problem with any of the areas, with the exception of the pedestrian traffic crossing there that might be reduced by adding a station and store on the other side. Mr. Gedde continued to say were it not for the neighborhood concerns this would be a standard application, and in this case the applicant has bent over backward to live by all the rules established by the City. He said after meeting with the neighbors last Thursday night, Holiday was prepared to make several commitments beyond what had already been requested and showed an overhead adding further conditions to the 13 previously established as follow: 14. Interior and exterior video surveillance for security. 15. Eight foot pine or spruce trees on the northeast corner of the adjacent parcel and an easement agreement for the maintenance of these plantings shall be obtained in a form satisfactory to City staff. 16. No tanker truck deliveries of gasoline to the station between 11 p.m. and 6 a.m. 17. The car wash shall not be operated between the hours of 11 p.m. and 6 a.m. Mr. Gedde mentioned there are legal issues to keep in mind when talking about special use permits. He reviewed a case in Rochester where an applicant was turned down, and read the following from an overhead: "Denial of the special use permit must be based on something more concrete than neighborhood opposition. In fact, if compliance with code is given, approval follows as a matter of right." He concluded by explaining in the Rochester situation the City Council's denial was overturned by the court of appeals and said it is not fair to the applicant to base a decision solely on neighborhood opinion; not fair, or legal. He said there is one other reason he 9/20/93 - 3 - believed the objections of the neighbors to be misguided, because Holiday would be a good neighbor and an asset to that part of Brooklyn Center. He said no one is saying Holiday will provide fifteen to thirty new jobs for area residents, or commenting on how nice the new building will look, or acknowledging this will be a convenience to everyone that lives in the area. He said Holiday does not believe the residents will find Holiday anything but a positive experience and urged the Council to approve the application. Councilmember Kalligher asked the City Attorney what was involved in the State law regarding moratorium ordinances, and if it is impossible to impose a moratorium when that same procedure had been done previously. The City Attorney explained Minnesota Statutes, Chapter 462, details the three instances in which there is authority r cities to ado moratorium ordinances. h' adopt to u o d ances. Mayor Paulson asked who owns the property where the additional trees would be planted and asked if an easement agreement would apply to subsequent owners. Mr. Gedde explained the property is owned by the Atkins family, and in the event of transfer of ro er Holiday would either negotiate in p p ty, y g e to continue to maintain the agreement or turn the responsibility over to the new owners. There was a motion made by Councilmember Kalligher to close the public hearing. Mayor Paulson expressed the desire for further discussion, and Councilmember Kalligher withdrew the motion. Mayor Paulson asked the applicant what the future of the Holiday Station one mile away is, with the concern this is actually relocation to a better property rather than an addition Y p P tY of another business. Mr. Jensen assured the Mayor the existing Holiday was functioning in a manner satisfactory to their corporation and would not change as a result of adding the new Holiday. He added their hopes were to take business from SuperAmerica, not their own station. Mayor Paulson asked what is contained inside y s de a Holiday store, and if it includes ammunition and adult magazines. Mr. Jensen explained shot gun shells are sold in hunting season, and adult magazines are sold unless the neighborhood requests their removal. Mr. Gedde said a moratorium is exactly what the City did before and it would be inappropriate to repeat the g rocess again such a short time later. He said the ordinance is p not meant to delay an application twice for the same purpose. 9/20/93 - 4 - Mr. Rod Snyder of 6408 Willow Lane handed out a report he had compiled and said in researching what has been previously done regarding the property involved in this application he has found several statements saying it is not possible to screen damaging negative effects from existing residential homes. He said in spite of the SEH study being mentioned in support of the application, it gave only five uses for the property and endorsed them only with conditions. He said the key for gas stations would be a landscaping berm that never got constructed because of cost, and Holiday cannot resolve the problem of its elevation being high and the residential properties being low. He also pointed out 8 foot high trees are only 4 feet wide, so at the rate of growth for that type of tree there would not be a good screen for 27 years. Mr. Snyder said he was troubled by having a representative of Holiday Station Stores give a veiled threat of litigation, especially since Congress is currently drafting a new environmental policy which prevents development within 300 feet from the river. He also expressed concern over the fumes released into the air when a gasoline tank is filled. Mr. Snyder asserted the Council need not be afraid of litigation because the requirements in the special use permit are not satisfactorily met, and just because Rochester's case was ruled the way it was makes no difference what will happen in Brooklyn Center. He said if people were afraid to do what was right because of existing laws, then women and black people would not be able to vote in this country. Mr. Bill D'Amour of 7118 Willow Lane expressed his concerns about danger on T.H. 252 with more turning, exiting, and entering and the possibility of using main arterial highways to segregate neighborhoods. Ms. Ella Sander, Chairperson of the Planning Commission, explained how she and her husband had stood out in the rain to time the stoplights at the intersection of T.H. 252 and 66th Avenue, and reviewed the contents of a report detailing their findings. She said she was concerned any more movement of cars at that intersection would cause serious problems. Mr. Jerry Blamey of 7136 Willow Lane said the meeting on Thursday night was disappointing because he felt Holiday was doing a sales job on the residents. His concerns were for traffic, property values, and that just because the City has improperly ruled in regards to this property in the past, two wrongs don't make a right. He asked the Council not to be pressured by the threat of litigation and to reject the application. Mr. Tom Kouri of 6416 Willow Lane expressed concerns for plans for the bike trail to go down the west side of River Road and appealed to the Council to remember each person is called by God to share his or her talents with the community and to base decisions on what is good and right and what is best for people. Mayor Paulson called a brief recess at 9:00 p.m. 9/20/93 - 5 - The City reconvened ty at 9:13 .m. when Mayor Paulson p y so gave the applicant and audience the opportunity to address the Council or respond to previous comments. Ms. Shar Bjerke of 7020 Dallas Road asked the question, "Who would benefit from this station ?" She said residents in her neighborhood ration water, and it would be hard to watch people from other cities coming to the station to get their cars washed. She pointed out products that drip off of cars float in water, so she didn't think a trap for sediments would work to prevent pollution to the area, and expressed her concern that many residents would move out of the neighborhood. Mr. Bill Elsholtz of 6546 Willow Lane pointed out having the Holiday station might actually cost the residents additional taxes rather than being a revenue producer, so approving the application may not be a good business deal for the City. Mr. Gedde said he was impressed by the intelligence and dedication of the neighbors and said he's sorry they disagree. He reminded the Council the issue is fairness which is not based on a clean slate but on a history. He said it is too late to go back and say maybe a mistake was made in the past on zoning, and he again urged the Council to be fair and approve the application. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 9:29 p.m. The motion passed unanimously. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to direct City staff to prepare a moratorium ordinance to conduct studies regarding the rezoning of the whole sector including property in the southeast quadrant south of 66th Avenue. Councilmember Scott asked on what ground this moratorium could be enforced, and Councilmember Kalligher responded on previous studies which showed the property could be rezoned to C -1. Councilmember Rosene explained his second to the motion was because he wanted more information and wondered if the City should be required to compensate the Atkins family in some way if the property was rezoned. The City Attorney expressed the moratorium ordinance needs to be clear on what the area studied will be, as well as what other related studies could be done in the future. He cautioned the Council there are clear limits when the Council imposes a moratorium ordinance and questioned whether the ordinance would include the purpose of rezoning to C -1. 9/20/93 -6 - 10 Councilmember Kalligher said she was willing to include the purpose of rezoning to C -1 in her motion, but the Council discussed it and decided it would be better not to be that specific, so as to leave other options open. Councilmember Scott explained she had called the Department of Interior regarding the legislation against any commercial development at all within 300 feet of the river. She explained although this legislation is not law yet, many communities are already following principles of the plan. She said the representative she talked to, though not the head of the project, was quite concerned that Brooklyn Center not go against the thrust of the plan. Councilmember Rosene said he thought things may have changed since the SEH study was conducted and therefore it might be outdated. Councilmember Mann said in light of environmental concerns she would also support the motion for a moratorium ordinance to prepare studies regarding rezoning. Councilmember Rosene called the question. The motion passed unanimously. PUBLIC HEARINGS REGARDING SPECIAL ASSESSMENTS The Director of Public Works explained the five public hearings that would follow and showed an overhead detailing the procedure for taking each one separately. He explained notice had been given to all residents and no written objections had been received. He said under law a property owner has the right to appeal an assessment within 30 days, and there 0 is also a procedure for deferral for senior citizens. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for Diseased Shade Tree Removal Costs at 9:55 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 9:56 p.m. The motion passed unanimously. RESOLUTION NO. 93 -142 Member Barb Kalligher introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DISEASED SHADE TREE REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott. The motion passed unanimously. 9/20/93 -7- Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessment for a Delinquent Public Utility Repair Accounts at 9:57 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to close the public hearing at 9:58 p.m. The motion passed unanimously. RESOLUTION NO. 93 -143 Member Celia Scott introduced the following esolution and moved its adoption: g P RESOLUTION CERTIFYING SPECIAL ASSESSMENT FOR A DELINQUENT PUBLIC UTILITY REPAIR ACCOUNT TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for Delinquent Public Utility Service Accounts at 9:58 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to close the public hearing at 9:59 p.m. The motion passed unanimously. RESOLUTION NO. 93 -144 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for Weed Removal Costs at 9:59 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to close the public hearing at 9:59 p.m. The motion passed unanimously. 9/20/93 - 8 - RESOLUTION NO. 93 -145 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR WEED REMOVAL COSTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Public Works Coordinator introduced the proposed Special Assessments for 69th Avenue North Street Improvement Project No. 1990 -10 and explained via overhead which properties are proposed to be specially assessed for the improvements. Mayor Paulson opened the meeting for the purpose of a public hearing Regarding Special Assessments for 69th Avenue North Street Improvement Project No. 1990-10 at 10:01 p.m. He inquired if there was anyone present who wished to address the Council. Mr. Chris Joelson of 400169th Avenue North expressed concern that his property is zoned R -3 but used as R -1, and some properties were not assessed when his was. Councilmember Rosene asked the Council if perhaps this is an area that ought to be considered for rezoning. Mr. Denton Dawson addressed the Council on behalf of his mother, who lives at 401169th Avenue North. He explained she has lived there for 53 years, is in her eighties now, and does not want to move. He was concerned about the assessment at an R -3 rate when the five homes west of the water tower are all being used as R -1 properties. He inquired about the $1,600 per homeowner that was assessed in January of 1992 for electrical improvements, since he knew that some of the homes did not actually have any improvements done. He asked what was done with that money. He also said the interest rate of 9% seems high in the present market, especially for a senior citizen on a fixed income, and asked if anyone knew what the bonds were sold for. The Director of Public Works explained there have been several meetings with the property owners about zoning when they were considering getting together to market their property as R -3. He explained there is still some possibility that kind of development taking place. Mr. Ralph Howard representative of Mound Cemetery, explained the assessment to their p � P , rY P property was $9,636.38 which could only come out of the budget for perpetual care and asked the Council to lessen the assessment. Members of the audience indicated the names of the homeowners of the five properties which are zoned R -3 but used as R -1 as follows: Christopher Joelson, Gumpert & Joyce 9/20/93 - 9 - Gruenke, Hazel Dawson, Richard Dawson, and Truman and Jean Hansen. The Director of Public Works recommended all of these properties should be treated equally. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to close the public hearing at 10:15 p.m. The motion passed unanimously. Mayor Paulson said there seemed to be enough question raised to research the assessments that are being appealed. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to approve Resolution Certifying Special Assessments for 69th Avenue North Street Improvement Project No. 1990 -10 to the Hennepin County Tax Rolls except the five properties which are zoned R -3 but used as R -1 property and Mound Cemetery and to direct staff to study these five properties and Mound Cemetery. The motion passed unanimously. RESOLUTION NO. 93 -145A Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR 69TH AVENUE NORTH STREET IMPROVEMENT PROJECT NO. 1990 -10 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, the motion passed unanimously. DISCUSSION ITEMS STATUS REPORT ON PROPOSED 1994 STREET IMPROVEMENTS Mayor Paulson thanked the members of the audience waiting for this agenda item for their patience. The City Manager introduced a Status Report on Proposed 1994 Street Improvements and reviewed the Building Block process on the overhead projector. He explained as directed by the City Council on July 26, 1993, initial meetings have been held for the Northwest Area project and for the Humboldt Area project, as well as the James, Knox, and 54th Avenues Area project. The Director of Public Works explained at the Northwest Neighborhood Meeting there were approximately 20 property owners, the primary concerns were with drainage, and there seemed to be a good level of support for improvements in the area. He said in the second area, the Humboldt Avenue Neighborhood Meeting showed an overwhelming concern of the property owners regarding the high level of traffic on that street. He indicated at the third meeting of the James, Knox, and 54th Avenues area only one person appeared who was in 9/20/93 - 10- favor of improvements and said neighbors were of the same mind. He said because of the disappointing attendance, staff randomly called five residents to find out if they had received notices, why they didn't attend, and ask their feelings about improvements. He said the residents had gotten notices but didn't feel the need to attend, and all five called were in favor of improvements. The Director of Public Works recommended the Council adopt a resolution authorizing staff to do additional investigations necessary for more information on cost and feasibility of improvements. He asked the Council to give staff the authority to conduct a license plate survey on Humboldt Avenue to determine what percent of traffic is through traffic and what is coming from the neighborhood. He said the City needs to know what the conditions are so it can deal with known quantities rather than conjecture. He mentioned at the neighborhood meeting several residents volunteered to form a committee to find out more about what the concerns of the residents are for the next work session. Councilmember Rosene asked the Director of Public Works to outline what the requirements would be to use State Aid funds. The Director of Public Works said for Municipal State Aid funds to be used, the City must follow all standards on width of road, number of lanes, etc. as specified by MnDOT. Councilmember Rosene wondered what the timelines were for complying with these standards and if the consideration of any kind of impediment to traffic would go against State Aid rules. The Director of Public Works said if a road is changed so it no longer conforms to State Aid standards, the City must repay unused funds and a pro -rated share back to the State. He explained depending on the definition of impediment, an impediment may or may not comply. He added the State Aid fund rules would currently allow a 30 foot curb -to -curb road with no parking, a 36 foot curb -to -curb road with parking on one side, or a 42 foot curb -to -curb road with parking on both sides. In response to Councilmember Kalligher's question, the Director of Public Works explained there is currently parking allowed on both sides, but not many residents use it except for special occasions. Councilmember Rosene requested City staff to be in contact with the City of Brooklyn Park for the purpose of sharing information. The Director of Public Works explained a meeting with Brooklyn Park already took place last week in which there was discussion about the possibility of the connection of Humboldt Avenue with T.H. 252. He said Brooklyn Park would consider this discontinuance, and they felt MnDOT would be favorable to that change. He said the possibility of improving 73rd Avenue between Humboldt and T.H. 252 was also discussed. He continued MnDOT has 9/20/93 plans to expand T.H. 252 between 73rd Avenue and Brookdale Drive to three lanes next year which would have some positive effect on the Humboldt Avenue situation, but not enough. He said one purpose of meetings with residents was to raise public interest, which had certainly been accomplished. Mayor Paulson said the Council would take time to hear from the residents. Councilmember Rosene said he strongly supported the wishes of the Director of Public Works to conduct a license plate study and he suggests the neighbors be notified of the time this study takes place. Mr. Mike Schwartz, 7100 Humboldt Avenue, asked to be given the status of the petition submitted by the residents and expressed his concerns that steps 4 through 8 of the Building Block process had nothing to do with traffic. Mr. Dave Olson, who said he resides on the corner of Humboldt and 73rd Avenue, identified himself as the author of the Humboldt Avenue Traffic Count Study Prepared for Humboldt Avenue Residents Association, which he defined as a loosely associated group with no bylaws whatsoever. He said the main issue is too much traffic that comes not from Brooklyn Center but from Brooklyn Park, and also everybody on Humboldt Avenue wants to keep the road nice. He said the Association likes the Building Block process, but they are concerned that the City not make use of State funds so there is flexibility to reduce the traffic problem using local resources. Mayor Paul so n said d eve one agrees to o forward with traffic studies and the Council �' g g , would like to be involved with the process of these studies since everything has gone wrong for Humboldt Avenue so far. He then thanked the residents for their work and organization. Mike Schwartz spoke again of the history of Humboldt Avenue, detailing there are no cross walks or safe crossings for children to get to school or neighbors' homes. Mayor Paulson asked Mr. Schwartz if he was comfortable with the consensus to perform a traffic study and explained in spite of the great start the neighborhood has, the problem cannot be solved in one evening. Mr. Schwartz agreed. Councilmember Mann asked if residents could volunteer their services for conducting traffic studies to cut back on expenses. The City Manager explained studies should be done by people trained on the use of and familiar with special equipment. 9/20/93 - 12- Councilmember Rosene explained even though the Council is asking not to continue with any more discussion because of time, the residents should be assured he hopes the Council will stick with this problem until it is solved. Councilmember Kalligher asked that residents be informed when the traffic studies are being conducted. Councilmember Rosene said he would support a motion to go ahead with development of feasibility studies and field work as long as that would include considerations to reduce traffic on Humboldt Avenue. Mr. Larry Cuskey of 7024 Humboldt Avenue assured the Council without a shadow of a doubt Humboldt Avenue is a trunk road for passing through. He expressed his concern that much money be spent to determine what is already known. The City Manager explained no improvements could be made whatsoever until concrete information was gathered. The City Manager presented A Resolution Authorizing Development of Feasibility Studies for Improvement Projects in Three Areas. RESOLUTION NO. 93 -146 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING DEVELOPMENT OF FEASIBILITY STUDIES FOR IMPROVEMENT PROJECTS IN THREE AREAS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented A Resolution Accepting Proposal for Professional Services to Provide an Evaluation of Benefits Resulting from Proposed 1994 Street Improvement Projects, and Allocating Funds Therefor. Councilmember Kalligher expressed concern that the amount of $9,100 seemed high and she would like to direct staff to get another appraisal quote. The City Manager said he felt the price was reasonable and indicated the City Attorney was most confident with using the services of BCL Appraisals. The City Attorney responded by saying Brad Bjorklund of BCL Appraisals is the only one he knows would do a good job for the City, but he said no doubt there are other people out there who could handle it. He added it would take some time and work to find out who they are. 9/20/93 - 13 - There was a motion made by Councilmember Kalligher and seconded by Councilmember Rosene to direct staff to seek out other appraisers and request quotes. 0 Councilmember Rosene said even though he seconded the motion, he has some qualms about who is used for appraisals and hopes the City staff will be careful. The motion passed unanimously. RESOLUTION NO. 93 -147 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES TO EVALUATE TRAFFIC ON HUMBOLDT AVENUE NORTH, IMPROVEMENT PROJECT NO. 1994 -05, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. STAFF REPORT ESTABLISHMENT OF PROJECT FOR IMPROVEMENTS TO CENTRAL GARAGE There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table this item to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. STAFF REPORT ESTABLISHMENT OF CENTRAL GARAGE INTERNAL SERVICE FUND There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table this item to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. STAFF REPORT PARKS AND RECREATION RISK MANAGEMENT PROGRAM There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table this item to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. There was a motion made by Councilmember Rosene and seconded by Councilmember Scott setting October 4, 1993, as City Council Work Session to Discuss Capital Improvements Program. The motion passed unanimously. RESOLUTIONS - CONTINUED There was a motion by Councilmember Rosene and seconded by Councilmember Scott to table the Resolution Giving Final Approval to Year II of the Brooklyn Center Business 9/20/93 - 14 - Retention /Job Expansion Program to the September 27, 1993, Regular Council Meeting. The motion passed unanimously. Councilmember Rosene noted agenda item number five, Council Reports, had been skipped. He provided a report commending and wishing best wishes to the new Majority Leader of the Minnesota State House of Representatives, Phil Carruthers. ORDINANCES The City Manager introduced An Ordinance Repealing Chapter 8, in Its Entirety, of the City Ordinances Regarding Food Sanitation Code. This ordinance was first read on August 9, 1993, published in the City's official newspaper on August 18, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance Repealing Chapter 8, in Its Entirety, of the City Ordinances Regarding Food Sanitation Code at 11:35 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Scott and seconded by Councilmember Rosene to close the public hearing at 11:35 p.m. The motion passed unanimously. ORDINANCE NO. 93 -08 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE REPEALING CHAPTER 8 IN ITS ENTIRETY OF THE CITY ORDINANCES REGARDING FOOD SANITATION CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager introduced An Ordinance Amending Chapter 18 of the City Ordinances Regarding Authority to Issue Citations. This ordinance was first read on August 9, 1993, published in the City's official newspaper on August 18, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on Amending Y P g P P P g g Chapter 18 of the City Ordinances Regarding Authority to Issue Citations at 11:37 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to close the public hearing at 11 :37 p.m. The motion passed unanimously. 9/20/93 -15 - i ORDINANCE NO. 93 -09 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY ORDINANCES REGARDING AUTHORITY TO ISSUE CITATIONS 0 The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager Introduced An Ordinance Amending Chapter 34 of the City Ordinances Relating to Signs for Multiple Family Dwellings. This ordinance was first read on August 23, 1993, published in the City's official newspaper on September 1, 1993, and is offered this evening for a public hearing and second reading. Mayor Paulson opened the meeting for the purpose of a public hearing on Amending Chapter 34 of the City Ordinances Relating to Signs for Multiple Family Dwellings at 11:38 p.m. He inquired if there was anyone present who wished to address the Council. No one appeared. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to close the public hearing at 11:38 p.m. The motion passed unanimously. Mayor Paulson inquired whether the issue of aesthetics was being addressed. The City Manager explained the Planning Commission is taking over the issue later this fall. ORDINANCE NO. 93 -10 Member Dave Rosene introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ORDINANCES RELATING TO SIGNS FOR MULTIPLE FAMILY DWELLINGS The motion for the adoption of the foregoing ordinance was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT There was a motion of on by Mayor Paulson and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council .m. adjourned at 11:40 J p Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton Timesaver Off Site Secretarial 9/20/93 -16 - r MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 27, 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 7:02 p.m. BOLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. 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, Personnel Coordinator Geralyn Barone, Director of Community Development Brad Hoffman, and Council Secretary Kathy Stratton. OPENING "REMONIES The invocation was observed with a moment of silence. OPEN FOR MM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS No Council reports were given. APPROVAL OF A! ENDA AND QQNSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Mayor Paulson requested Item 10e be removed from the Consent Agenda. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the Agenda and Consent Agenda, with the exception of Item 10e, The motion passed unanimously. APPRQVAL OF MINUTES SEPTEMBER 13,1993-...- REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the minutes of September 13, 1993, regular session as printed. The motion passed unanimously. 9/27/93 - 1 - RESOLUTIONS RESOLUTION NO, 93 -148 0 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1993 GENERAL FUND BUDGET TO PROVIDE FOR SAFETY ITEMS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 93 -149 Mumber Dave Rosene introduced the following resolution and moved its adoption-;.— RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -22, ANNUAL TELEVISION INSPECTION OF SEWERS, ACCEPTING PROPOSAL AND APPROPRIATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO 93 -150 Member Davc Rosene introduced the following resolution and moved its adoption. RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES TO CONDUCT AN ENVIRONMENTAL STUDY OF PROPERTY TO BE USED FOR CONSTRUCTION OF A STORM WATER POND - IMPROVEMENT PROJECT NO. 1992 -29, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION N, (, 99 -151 Member Dave Roscne introduced the following resolution and moved its adoption; RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -F, FURNISHING AND INSTALLING PLAYGROUND APPARATUS AT NORTHPORT PARK AND AT FREEWAY PARK, IMPROVEMENT PROJECT NO. 1993 -14 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 9/27/93 -2- RESOLUTION NO 93 -152 Member Dave Ruscne introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO, DST 09/27/93) The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. $ ESOLUTION NO 91-t -- Member Davc Roselle introduced the fallowing resolution and moved its adoption: RESOLUTION DESIGNING A CUSTODIAN OF CITY INVESTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott and the motion passed unanimously. TI N N Q 01- 19 Mombor Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING CONTRACT FOR SCHOOL LIAISON AND D.A.R.E. OFFICER SERVICES BETWEEN THE ANOKA- HENNEPIN SCHOOL DISTRICT NUMBER ELEVEN AND THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott the motion passed unanimously, RESOLUTION NO, 93 -155 Member Dave Rosene introduced the following resolution and moved its adoption; RESOLUTION COMMENDING STATE REPRESENTATIVE PHIL CARRUTHERS ON HIS APPOINTMENT AS HOUSE MAJORITY LEADER The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott the motion passed unanimously. LICEN There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve the following list of licenses: MECHANICAL SYS TEMS MECHANICAL v i 4J � i.i1�1.\i Northwest Sheetmetal Co. of St. Paul 2136 Wabash Ave. P & D Mechanical Contracting Co. 4629 41st Ave. N. 9/27/93 - 3 - RENTAL DWELLINGS Renewals: J.G. Strand 5329 Penn Ave. N. Garin L. Rudolph 5318 Queen Ave. N. Casmir and Doris Stachowski 5329 Queen Ave. N. Anna Gullord 5337 -39 Queen Ave, N, Porn and Wendy Wurr 5422 72nd Circle N. The motion passed unanimously. ,BQVAL OF MINUTES - CONTINUED SEPTEMBER 4 199 - RECONVENED SESSION _ There was a m oti on m tson 1? Councilmember Scott and seconded h C ou ncilm ember y s e y xalligher to approve the minutes of September 14,1993, reconvened session as printed. Councilmember Rosene abstained from voting, The motion passed unanimously. ORDINANQES The City Manager presented an Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of 1-694 lying between Willow Lane and Highway 252 and recommended it for first reading. He then asked the City Attorney, Charlie L.eFevere, to address the Council regarding actio recommended to the Council, The Oty Attorney handed out amended Ordinances and one amended Resolution which exclude the address of the property at 6626 West River Road, He said this address was included in error and the omission was the only change from what was originally included in the Council packet. He explained there are actually four actions recommended to the Council to take, the first one being to make a motion setting a date for the Planning Commission to held a public hearing regarding rezoning. He said this date must be set before ordinances can be, adopted. There was a motion by Councilmember Mann and seconded by Councilmember Rosene to recommend that the Planning Commission hold a public hearing regarding rezoning of this p arcel of land at its November 18 1993 meeting. The motion passed unanimous) , p � P Y g There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve first reading of An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 lying between Willow Lane and Highway 252, The motion p assed unanimous) 8 Y . F Y 9127/93 -4- The City Manager introduced an Interim Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I -694 lying between Willow Lane and Highway 252 and recommended it for first reading. The City Attorney explained an emergency ordinance takes effect immediately upon passage, but a nnoraturium ordinance cannot take effect until 30 days after the public hearing is set. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve first reading of An Interim Emergency Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfarc of the Residents of the City, and Regulating and Restricting Development on All band South of 66th Avenue and N of 1 -694 lying between Willow Lane and Highway 252. The motion passed unanimously. Mr. Tom Gedde of Holiday Station Stores, Inc., asked to address the Council and was given permission by the Mayor. He expressed his objection to what appears to be the action of the City Council. He said even though he understood the difficulty of the situation because of the sentiment of the public, adopting a moratorium is still not appropriate because the City did the exact same thing in 1989 and no changes werc made as a result! He also said the purpose of a moratorium ordinance is not meant to hold up the process of a viable application and to frustrate the rights of a landowner. He said there is a time when elected officials must disappoint their constituents and stick with what is law. Mr. Gedde continued that the City Council should be bound by tho action its own government has taken before as what is fair, and any unfairness may expose the City to substantial damages. He said because there has been no flood or natural disaster an emergency ordinance was unwarranted and unfair. He concluded the Council should do what's right and acknowledge there are limits to actions it can properly take. He urged the Council to reconsider its apparent action and instead accept the application of Holiday Station Stores, Inc. Councilmember Scott said the biggest thing she thought gave the Council the right to take the proposed action was the critical areas law being passed by our State and Federal governments which will be going into effect in the future. She said even though the law hasn't gone into effect yet, the moratorium ordinance allows the City time to find out more about it and hence make the right decision. She added a gas station underground tank could leak at some time in the future, and once we pollute our rivers, they cannot be unpolluted. Mayor Paulson added the application of Holiday Station Stores, Inc. is not being denied solely on the basis of neighborhood sentiment, but on issues such as the environment, safety, character of the neighborhood, crime, traffic, and the City's interest as an area landowner. 9/27/93 -5 - Mr. Gedde responded to Councilmember Scott's comment by saying it is not fair to deny application on the basis of a law that might pass, He said only applications after the lalp passed could fairly be denied based on the law. Mayor Paulson pointed out another reason the moratorium ordinance is appropriate is there is now a different focus on the area than there was is 1989. He said then only the specific parcel of land to be used for a gas station was studied, whereas now the, larger area is to be studied with all its possibilities for other uses. The City Manager presented a Resolution for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on All Land South of 66th Avenue and North of I-694 lying between en willow Lane and Highway 252. g Y RESOLUJJQN NO, 93 -156 Member Celia Scott introduced the following resolutions turd rnuyW its adoption: RESOLUTION FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF 1 -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 The motion for the adoption of the foregoing resolution was duly seconded by member Bar Kalligher, and the motion passed unanimously. DISCUSSION ITEMS ADMINISTRATIVE TRAFFIC COMMITTEE REPORT REGARDING SPEED CONTROL ON UNITY AVENUE BETWEEN 69TH AND 73RD AVFNtIRS The City Manager explained the recommendation of experimental installation of speed "humps" to control the speed problem on Unity Avenue. The Director of Public Works showed a picture of a speed hump and explained the difference between speed bumps and speed humps. He said speed bumps are 11/2 to 2 feet wide, while a hump is 12 - 20 feet wide. He explained the safety threat of bumps to bicyclists and how humps arc easier to maintain. He said the Traffic Committee and staff have reviewed this issue and recommend the humps be installed. He reported the proposal has been submitted to three different contractors and one estimate has been received. Councilmember Rosene expressed his appreciation to the Traffic Committee for its openness to this new option. BLSQ LUTLQN NO, Mcmbcr Dave Roscac introduced the following resolution and moved its adoption: 9/27/93 -6- RESOLUTION APPROVING INSTALLATION OF SPEED HUMPS ON UNITY AVENUE, ACCEPTING PROPOSALS, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously, Mayor Paulson commended the efforts of the neighborhood group that was formed for the purpose of addressing this problem and pointed out that in this case the system worked well to get something done, I2jSCUS5ION ITEMS - CONTINUED REPORT ON HENNEPIN COUNTY DISPATCH SERVICES The City Manager presented a report detailing the possibility of transferring responsibility for public safety dispatching from the City of Brooklyn Center to Hennepin County. He explained the materials enclosed in the Council packet and addressed four main areas of concern as follow; Hennepin Co Reaffirmation f " " p County Board Rcafhrmat o o No Charge Pohcy; 2) Talk- Around Capability for Police Department; 3) Truck -to -Truck Talk - Around Capability for Fire Department and 4) Automated Dispatcher Notice for Fire Medical Callouts. He stated his opinion that if the City Council chooses the Hennepin County service, citizens of Brooklyn Center will be very well served, and showed a cost savings at a minimum of $136,087 per year. In answer to Councilmember Rosene's uestions, the City Manager explained that life of the q ty g p City's existing equipment is thought to be around 15 years, and the City has had it for 13 years. He also explained the possibility of changing over to 800 frequency equipment and gave a cost estimate of $500,000 to $750,000 based on what it cost the City of Bloomington when it changed to 800 frequency. He also explained when equipment starts to fail it must he replaced quickly. The City Manager told the Council which other cities were considering this change and explained the change would only occur if other cities got involved as well. Councilmember Rosene asked whether it would be g ossible to et out of the commitment p to the County later if the City wants to do so, The City Manager said Brooklyn Center could try it for a couple of years and then possibly go to an 800 frequency at that time and restated the main purpose for turning this over to Hennepin County would be financial gain. Councilmember Mann asked if the Ci ty get any in return for the sale of old Y mono Y equipment. The City Manager responded the removal cost is substantial and outweighs the value of the equipment and clarified the mobile equipment presently owned by Brooklyn Center will not become the property of Hennepin County. Councilmember Mann expressed concern about giving up the frequency currently used by Brooklyn Center. 9/27/93 -71 Councilmember Scott expressed concern about areas that might be forgotten and asked if any agreement between Brooklyn Center and Hennepin County could be in writing and used as a binding contract. The City Attorney explained that anything in writing is a binding contract, the question is whether the people who did the writing had the authority to enter into such agreements. Because Councilmember Rosene asked how the job descriptions and salaries of new dispatchers would compare to the current ones, the City Manager explained how the compensation of the larger group of dispatchers would be lower. Councilmember Rosene asked if the jail operation would work as it currently does, and the City Manager said it would, Councilmember Kalligher asked if the City would be able to determine how much o?its equipment was compatible with the Hennepin County system before entering into the agreement. The City Manager explained the equipment owned by Brooklyn Center works with the County system, and so far nothing has been found to be incompatible. Councilmember Rosene expressed the desire to hear from members of the audience. Mr. Mike Kaulfuss appeared on behalf of the Police Association and explained since the Association's president could not attend, he was asked to attend on his behalf. He said at their meeting a short time ago a vote was taken which was overwhelmingly in opposition of going with the County system. His mane concern was with the dispa tchers of the p olice department. He explained the dispatchers are the same people that work hard every day and have been asked to work extra hours, and they would all lose their jobs. Mr. Kaulfuss said it is possible by going to the County system not as much money will be saved as it seems, so it would not be worth it to change a system that works and has worked for over 15 years. He explained for a city to have its own dispatch is held in high regard, that there's no guarantee the County system will actually be cheaper, and when the lives of the dispatchers are considered, it's not worth it. Mr. Tom Hoops, a resident of Brooklyn Center, explained his family is one that has had some medical emergencies. He decided to remain in Brooklyn Center because it is an efficiently run city. He expressed concern that response time could become slower, and asked if the City was ready to deal with possible lawsuits because of slower response time. Councilmember Rosene asked what the County is claiming on response time, and whether the larger number of cities to handle would affect the response. The City Manager explained the only difference would be measured in milliseconds as the phone equipment made necessary switches, and the use of multiple dispatchers to handle the number of calls. The City Manager explained the system being offered by Hennepin County is a first rate system, although he did not want to degrade Brooklyn Center's system, but currently it is over - stressed due to understaffing. 9127/93 -8- Firefighter Jerry Pedlar stated many of the things being said about the County system are true. He explained, however, frequencies are like gold and once given up they can never be gotten back. He also expressed concern over safety problems if the fire crews need to communicate with the trucks and are unable to do so. He said if the decision is strictly economical, perhaps it should be tabled to talk to people in the Fire Department about truck -to -truck communication. Mr. Pcdlar explained a vote taken by the 28 members of the Fire Department which came out 27 to 1 in favor of keeping the present system. The Chief of Police, Trevor Hampton, responded to the issue of concern about the quality of service and the response time that would occur if Brooklyn Center entered into this agreement with the County. He said although our 5 dispatchers do an excellent job, they are overworked and understaffed, especially when the shifts must be covered 7 days a week, 24 hours a day. He said in the case of illness or turnover it places unbelievable s tres s on the remaining dispatchers to cover the shifts. He thought, therefore, with more staffing options and time for in- service training in the larger County system, the service level would not go down but improve. He also explained there is no time loss in electronically routing calls to the County. Ms. Anna Filson, whose husband is a police officer for Brooklyn Center, disagreed that response time would increase, gave an example of when the County system in another city took 9 minutes. She said although everything turned out all right with this call, it could have meant life or death. She compared that time to Brooklyn Center's 4 minutes and urged the Council not to use the County system. Fire District Chief Kent Korman said the Fire Department does not favor migration to Hennepin County's system 27 to 1. He explained dispatchers are an integral part of the current system, and computers cannot tell what will happen in real life situations. He explained several cities previously handling their emergency calls through the Hennepin County system have gone to doing it themselves. He said he understands budget constraints, but any savings will be offset by a system that does not meet our needs, He explained some types of secondary calls the dispatchers currently make cannot be made by Hennepin County personnel so fire fighter personnel would have to make these calls themselves. Councilmember Rosene asked if the approximate figure of 40 cents raised in taxes for every $10,000 in budget expense was still accurate. The City Manager responded it is accurate. Councilmember Rosene then gave his calculation that it would cost $5.20 per taxpayer to keep the current system and explained he was trying to balance in his mind whether the gain of going to the County system is greater or less than $5.20 per person per year. The City Manager explained so many citizens are saying taxes are already too high, and every time there's a raise of $5.00 here and there it affects the taxpayers. He said this is just one way to save. He said he thought Brooklyn Center would have an effective system either way, however, staying with the current system will involve additional costs. 9/27/93 -9- Councilmember Kalligher asked how much staying with the current system will cost in the future. The City Manager explained a study by Montgomery and Associates saying the City's equipment will last only a few more years at best and replacing parts would not be as* efficient as going to a completely new and working system, Replacing the current system could cost in the area of $500,000 to $750,000, Councilmember Scott expressed concern budgeting funds to improve the dispatch system might wipe out the funds for an additional police officer. The City Manager explained the money for additional officers is already budgeted. Councilmember Kalligher explained she would vote against migration to the Hennepin County dispatch service as she feels the local dispatchers are familiar with the community and important to an efficient system. She said she did not approve of firing people who have dedicated their lives to our community, She said she believes the City — Y" a responsibility to these people as employees and said she will vote "no ". Councilmember Mann said she did not discourage further research into the possibility of using the County system, but because of giving up the frequency could not currently support the change. Councilmember Rosene asked if any dispatchers in the audience would address the Council. Ms. Jean Dorweiler, Brooklyn Center resident and dispatcher for 19 years, said she knows the City map like the back of her hand. She said another dispatcher, Ron, has worked ther* for 20 years, and the others have had less experience, but have been very dedicated in familiarizing themselves with trouble spots. She said if someone calls in "We know where they are!" The City Manager explained to Councilmember Mann if the City migrates to an 800 frequency system in the future, the need to hold on to the current frequency will no longer be needed. He added frequencies are not owned by cities but "leased" and sometimes must be shared under the rules of the FCC, Councilmember Scott expressed concern about where money will come from if the current system goes down, The City Manager explained last time they used capital improvement funds and a levy, though at that time it was $230,004 and this time it would be much more expensive. Mayor Paulson said his inclination is to look for opportunities for ways to save money and re- allocate resources, so he has respect for City staff for finding this way to cut costs. He said he also respects Chief of Police and his comments regarding need for more personnel. He explained he also had respect for the Police and Fire Departments who do their jobs every day and know the most about what they need to be effective. He thanked the Council for work and research on this matter, The Mayor said he has not wanted to move on thip 9/27/43 -10- issue until a consensus was reached among Councilmembers, so he thought the Council should look for other options like going to an 800 frequency system and getting renewcd commitment from the current dispatcher service about customer service. He said he thought it would be best for the City, the Police and Fire Departments and all concerned to stick with a good thing but look for opportunities to improve. Councilmember Rosene asked if the proper way of funding future equipment purchases would be, to save up for that in the capital improvements fund. The City Manager explained a Certificate of Indebtedness could be sold, but funds cannot be accumulated to avoid a bond issue. RECES A brief recess was called at 9:07 p.m. for the purpose of changing the videotape. ie City Council reconvened at 9.20 p.m. Councilmember Rosene explained he is not convinced that going with the County system is best although it certainly seems to be a viable option. He said he is comfortable with what the City currently has as long as the equipment is monitored closely and he will vote to deny the proposed change. There was a motion made by Councilmember Kalligher and seconded by Councilmember Mann to not adopt the Resolution Requesting Hennepin County Sheriffs Department to Provide Dispatching Services for Brooklyn Center Police and Fire Departments. The motion passed unanimously. STAFF REPORTS - CONTINUED REPPOET ON PROPOSED PARK AND RIDE FACILITIES QN BROOKLYN SOUL ,VAR . NORTH OF 65TH AVENUE The Director of Public Works explained on June 28, 1993, the City Council conducted a public hearing regarding the proposed storm water pond, Park and Ride facility, and park development in the southwesterly quadrant of the 1- 694/Brooklyn Boulevard interchange. He explained informational meetings with citizens in the area had been held and the public seemed to be aware of issues and seemed to be in agreement with the proposal. Councilmember Scott asked about a letter from a property owner in the area offering his property for sale. The Director of Public Works explained acquiring the property would increase the cost of the project, so he was not in favor of that. RE OL TION -NO. 3 -158 Member Dave Rosenc introduced the following resolution and moved its adoption: 9/27/93 RESOLUTION CALLING FOR FUBLI HEARING ING REC ARDIN PROPOSED OPOSED PARK AND RIDE FACILITY, WF.,ST OF BROOKLYN BOULEVARD AND NORTH OF 65TIO AVENUE NORTH The motion for the adoption-of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Paulson abstained from voting. Co i unc lmemb er Mann asked for clarification as to whether the residents of the area knew about the storm water pond part of the proposal. The City Manager explained he thought they did. ESTABLISHMENT OF PROJECT FOR IMPROVEMENTS TO CENTRAL GARAGE The City Manager introduced the proposal for substantial remodelling required at the Garage to meet health, life safety, building and fire codes, ADA, and EEO requirements. The Director of Public Works reviewed three options previously presented to the City Council, which had endorsed Option #2. He gave a detailed explanation of costs, including some addition to the previous plan. He explained City employees in the building have reduced operation and personnel costs while increasing their level of service over the past 25 years. He said because of these changes, there has been added stress on the building. Mr. Frank Whitman, mechanic in the Garage and representative of the Employee Safety Committee, explained the poor air quality because of shop dust and smoke from welding an possible carcinogens from lead based paint. He said even though the ventilation system waqW working, there were higher than acceptable levels of carbon monoxide in the air at times. He said many of the employees have been experiencing respiratory and sinus problems similar to those in the "sick building syndrome," and particles are being inhaled that can cause lung -term health problems. He said storage of herbicides and pesticides occurs in the garage which can infiltrate the rest of the structure, He explained painting on -site is cheaper than sending it out, but operating the paint booth Creates a vacuum and the fumes that are supposed to be exhaust actually get pulled back into the building, Fire Chief Ron Boman explained employees in the Garage are developing serious headaches and respiratory problems. He said hazardous materials stored in the Garage are bought in quantity to save costs, but tho storage further lessens the air quality and safety of the building. He said steel storage rooms are needed for these materials. He continued a new furnace is needed that will take in much more outside air and area furnaces need to be separated to meet fire codes. He explained the hazards of vehicles parked in the aisles, the paint booth, and diesel engines creating a higher exhaust, Councilmember Kalligher asked if asbestos is present in the building needs to be removed. The Director of Public Works explained encapsulation and removal of PCBs will be done if necessary and is included in the estimated cost. 9/27/93 -12- The Director of Public Works showed an overhead listing ten problems and presented an interim plan to solve some of them temporarily. He then gave a detailed cost summary for Option #2. Mr. Dave Peterson, Public Works Superintendent, said he would not comment on problems that have already been mentioned, but added the Garage is used 17 hours a day on normal days and more on days it snows. He explained how the interim plan limits normal use and efficiency of the Garage. Councilmember Kalligher asked how long the underground fuel tanks had been in the ground and how much of the cost is to replace the fuel system. The Director of Public Works explained they are reconditioned tanks from a Seven Eleven store and have been underground for ten years. He said the cost of replacing this fue tank system is about half of the cost of the "Group 2" add -ons. Councilmember Kalligher asked if the remodelling proposed in Plan #2 would bring the sign shop and paint booth back into operation. The Director of Public Works explained it would. Councilmember Scott recommended the Council proceed with all parts of Plan #2 except the fuel system. i Councilmember Kalligher asked if the improvements to the road and parking would need to be done if the fuel system was not improved. The Director of Public Works explained these improvements needed to be made for the purpose of improving traffic flow around the pumps whether the fuel tanks were replaced or not. Mr. Bob Cahlander, Supervisor of Streets and Parks, explained traffic around the pumps has been a hold up and there have been several accidents. The Fire Chief explained the underground tanks are single wall tanks that will have to be out of the ground shortly by law. He said Brooklyn Center is one of the few places loft with a single wall tank, and for safety and leakage protection, others are going to double wall tanks. Councilmember Scott asked how this legislation existed when Brooklyn Center had heard nothing of it. The Director of Public Works explained the existing tanks arc non- conforming, but legal as they don't leak. Councilmember Rosene asked about screening, and recommended only minimum landscaping requirements be met in this situation. 9/27/93 - 13 - There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to amend the proposed Resolution Establishing Improvements to the Central Garage with the stipulation that if the fuel system needs to be replaced in 1993 or 1994, then the budget cap will be $1,700,000; but that if the fuel system does not need to be replaced in conjunction with the project, then the budget cap will be $1,375,000. The motion passed unanimously. RESOWTION NO. 93-159 Member Crlia Scott introduced the following resolution as amended by the above motion and moved its adoption: RESOLUTION ESTABLISHINGr IMPROVEMENT PROJECT NO. 1993 -19, IMPROVEMENTS TO CENTRAL GARAGE, ALLOCATING FUNDS THEREFOR, AND AUTHORIZING STAFF TO SOLICIT A PROPOSAL FOR PROFESSI SERVICES RELATING THERETO T The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosenc, and the motion passed unanimously. RECOMME DAMON FROM ME HUMMN RIGHTS AND RESOURC-F-S COMMISSION REGARDING FAIR HOUSING PROGRAM The Personnel Coordinator gave a brief presentation on a program recommended by the Human Rights and Resources Commission to ask for the City's endorsement of the concept of a fair housing center that eventually may serve Brooklyn Center and area residents. She explained no money is needed at this time for the program but said Community Action for* Suburban Hennepin (CASH) is asking for the Council's support of the concept. Mayor Paulson commented support by the Council would depend on whether other cities become involved as well, Councilmember Mann said the Council should not be responsible for any future financial commitments, and the rest of the Council concurred. There was a motion made by Councilmember Mann and seconded by Councilmember Kalligher to support the concept of a fair housing center if other cities become involved and with no financial commitment at this time. The motion passed unanimously. HENNEPIN COUNTY'S PROPOSED CHAN Q ES TO POLICIES REGARDING COST PARTICIPATION FOR COOPERATIVE HIGHWAY PR JECTS The City Manager introduced a report detailing proposed changes in policy by Hennepin County regarding cast participation on highway projects. The Director of Public Works explained the City objects vigorously to these changes, and they would have a very detrimental impact on the City's ability to accomplish improvements on Brooklyn Boulevard, 9/27/93 - 14 - RESOIA111 ON NO 93 -160 Member Dave Rotiene introduced the following resolution and moved its adoption; RESOLUTION REGARDING HENNEPIN COUNTY FUNDING OF COOPERATIVE HIGHWAY PROJECTS The motion for the adoption of the foregoing resolution was duly seconded by member Celia I Scott, and the motion passed unanimously. TWIN LAKES TRAIL PLANS 17he City Manager introduced the staff report regarding the progress of the Twin Lakes Trail PIans. The Director of Public Works showed a map of the area and explained a public informational meeting will be hold by the Brooklyn Center Park and Recreation Commission in the Brooklyn Center Council Chambers at 7;00 p,m. on October 19th. There was no action needed by the Council on this matter. ESTABLISHMENT OF CENTSAL GARAGE INTERNAL SERVICE FUND The Finance Director gave a staff report regarding the Establishment of Central Garage Internal Service Fund, Councilmember Rosene asked how refunding of bonds would work, and how a fund 8 ets more money in it than it needs. The Finance Director explained it is not unusual for a fund to have a surplus and if people pre -pay assessments to avoid interest charges, the fund can then invest and gain interest itself. The Council asked for clarification as to whether the Resolution only authorizes creation of the fund but not adding money ey to lt. The Finance Director explained the resolution recommended for passage only creates the fund and there would have to be another resolution later to put money into it, RESOLUTION NQ, 23 -161 Member Dave Rosone introduced the following resolution and movcd its adoption: RESOLUTION CREATING A CENTRAL GARAGE INTERNAL SERVICE FUND The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously, 9/27/93 -15 - PARKS MD RECREATION RISK AGEMENT PRQQRAM The City Manager introduced the discussion item regarding replacement of playground equipment in Central Park. The Director of Public Works reported on staffs recommendation to remove the existing playground apparatus in the Untral Park Plaza because Brooklyn Center's insurance carrier has recommended its replacememt. Councilmember Rosene expressed concern about playground equipment being unexciting for children or bland in order to avoid lawsuits, Councilmember Mann suggested Councilmembers look at Northport and Freeway parks to see how much children enjoy them, She said they are challenging and safe, and Ce ntral Park could be modeled after them, The Director of Public Works explained there are four more park improvements scheduled in 1994 and staff will consider other options regarding type of playground equipment used. RESOLUTION NO, 93 -162 Member Cilia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT NO. 1993 -20, REPLACEMENT OF PLAYGROUND EQUIPMENT IN CENTRAL PAR* ACCEPTING PROPOSAL,, AND ALLOCATING FUNDS THEREFOR The motion for the adoption of the foregoing resolution was duly seconded by member Kristen Mann, and the motion passed unanimously. RESOL 11ONS - CONTINUED The City Manager introduced a Resolution Giving Final Approval to Year II of the Brooklyn Center Business Retention/Job Expansion Program. The Director of Community Development explained the resolution authorizes $30,000 of CDBG money for Brooklyn Center's business retention program. He also said there have been feelings among the business community the City did not care about them. Councilmember Kalligher expressed concern the study not sit on a shelf and collect dust, and Mayor Paulson expressed similar concern. Mayor Paulson expressed a desire to talk with Joseph Strauss and requested the resolution be tabled. The City Manager explained the City has contractual obligation to continue on this and it has been before the Council since March. 9/27/93 - 16 - Councilmernber Scott said it is not necessary to hold up the resolution although Mayor Paulson can still talk with Joseph Strauss as necessary. RESOLUTION NO, 93 -163 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION GIVING FINAL APPROVAL TO YEAR II OF THE BROOKLYN CENTER BUSINESS RETENTION /JOB EXPANSION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The City Manager introduced a Resolution Approving Change Order No. 5 for 69th Ave nue Reconstruction, Phase 2, improvement Project No. 1990 -10, Contract 1992 -B Mayor Paulson explained his reason for having this item removed from the Consent Agenda was it seemed like a lot of items for a lot of money, and he was concerned that all these items were ones that staff had approved work on. The City Manager explained that estimates are sometimes low and sometimes high and there are always surprises on jobs this size. 0 Councilmember Kalligher asked who monitors the work to be done so the City is not overcharged. The City Manager explained staff keeps track of it. RESOLUTI„QN NO. 93 -164 Mayer Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION APPROVING CHANGE ORDER NO. 5 FOR 69TH AVENUE RECONSTRUCTION, PHASE 2, IMPROVEMENT PROJECT NO, 1990 -10, CONTRACT 1992 -B The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOIJI&NMEN T Thore was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 11:35 p.m. Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Kathy Stratton, Timesaver Off Site Secretarial 9/27/93 -17 - CITY OF BROOKLYN CENTER council Meeting Date 10/12/93 Agenda Item Number Q 6 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X Notice of vacancy on the Financial Commi • ssion and Northwest Hennepin Human Services Council Advisory Commission was announced in the Brooklyn Center Sun -Post on September 1, 1993, and in the Northwest News on September 13, 1993, and posted at City Hall and Community Center from August 19, 1993, to September 24, 1993 (see attached). The notice also aired on Cable Channel 37 from August 19, 1993, to September 24, 1993. As requested by Mayor Paulson, those persons who had previously applied for adviso commission were notified of the openings on the Financial Commission and the an Northwest Hennepin Human Service Council Advisory Commission (see attached letter dated August 20,1993). Two of the previous applicants called to request their applications be considered for the Financial Commission, and one requested to complete a new application for the Financial Commission. On October 1, 1993 ou received ived copies of the applications for appointment to the Financial Commission and the Northwest Hennepin Human Services Council Advisory Commission from the following persons: FINANCIAL COMMISSION APPLICANT NEIGHBORHOOD Jack Kelly, 6129 Scott Avenue North West Lawrence Peterson 5830 June Avenue North Central Mark Yelich, 6018 Beard Avenue North West Central Central • NORTHWEST HENNEPIN HUMAN SERVICES CES COUNCIL ADVISORY COMMISSION a Kr NEIGHBORHOOD Myrna agness, 3401 63rd Avenue North West Central Beverly Lawrence, 3300 Poe Road Central Vincent Opat, 6012 York Avenue North Central Beverly Wolfe, 1707 Amy Lane Northeast According to the resolution defining duties and responsibilities of the Commissions: "the Mayor • shall present at a regular City Council meeting the nominee for Financial Commission appointment who has submitted the required application form. By unanimous vote, the City Council may approve an appointment at the City Council meeting at which the nominee_was presented, or, by majority vote, the City Council may approve an appointment at a regular City Council meeting following the presentation of the nominee." According to the bylaws of the Northwest Hennepin Human Services Council Advisory Commission, the City Council of each municipality shall appoint a member to serve on the advisory commission. Also attached for your convenience is a map indicating geographical location of current members and applicants of the Financial Commission and Northwest Hennepin Human Services Council Advisory Commission. RECOMMENDED CITY COUNCIL ACTION Appoint one person to the Financial Commission to fill the unexpired term of Pat Boran which shall expire on December 31, 1995. Appoint one person to the Northwest Hennepin Human Services Council Advisory Commission to fill the unexpired term of Jerry Eiserman which shall expire on December 31, 1994. • roo K ly � Cen+cr Sun - Po5t Wed < ,apk 1- 1913 CITY BRIEFS heations ity hopes plan win finally op noise at Heritag euy om Direct HOMES THAT H An ongoing noise problem with an air conditioner at the _Lcoly� r , Heritage Center in Brooklyn Center should be lved with a lan`rA approved by the Economic Development , I 0"Aug. �EEDrr,��D Ws: 23, according to the city. .: Brad Hoffman, the ci 's director of commupi development sai dnoisecontrol consultanthasecomm "`ended cha ' MPLS, MN Homeowners in Mauori giupment or the `chill W jl � this area ven will be.�iven the Tliax` hould come "d news Z to res of E le the nose rown Oppp�� of replacir g #fiaeir - B _ old winnows with ; Brier tffi Commons apartment omplex The residents fast °complained CleJlt(1yI:�IVItKtO W $)%SCmS - about'the noise m 1991. Since then; the city has taken various p Vinyl Window S. stems"can' ;measures solve the roblem. 4 _ "We'-re pretty sure this will do it," Hoffman said. "I hope we're be putChased at a very IOW GAS: YOUR BES through with it. I'm sure its bothersome to people there (apart- cost INCLUDING INSTALLA meet complex), and it's bothersome to me." TION. These windows have The' "chiller is an air conditioner for several buil captured the interest Of . _ i�aTn�c &nm aor Heritage nit at the ho thr ge Center. Electrical motors needed to ruri the u create the Free Estimates . We say the noise. = United Stat meowners es who are fed u e s with . - hi h mainte n6nc®� The Minnesota Pollution Control Agency (MPCA) duetted the 9 EDA to correct the problem in 1991. Because of the ornal„cost Costs. They provide superior estimate to do so — $45,000 —the city `decided toysolve the pro - Insulation, winter and sum -' ' blem in stages to cut the. expense. mer, plus they Carry a limited+: - Jifeti re Is a me guarantee. The The first phase included building a wall around the uni t. Later g a complete enclosure was erected around the chiller.: choice Of Colors, including }' Those steps reduced the noise, Hoffman said, but noise was still wood grain. Please call 546 eping through the slatted vents, which are needed for'proper 8160 and an a pointment entilation Without the circulating air, the chiller could blow up will be a vian t0 see your _ said : home with any obligation / 1 A officials contacted the city about the problem. In whatsoever. Easy -terms, >, response, the city hired the noise consultant, who recommended immediate financing, tow that the current slatted vents be replaced with sound�3ampening month payments. Q louvers. .�► The cost will be about $10,000, which will bring the total ex- 5 pense of solving the noise problem to about $32,000, Hoffman said. .;• `: n j 24 hour answering service 'Improving Homes Since 1930' position open on comm>tssion � TWIN CITY STORM SASH The city is accepting applications for a position available'on the 10825 Greenbrier Road • Minnetonka Brooklyn Center Financial Commission - 's 'Come VW Our Factory Showroom' The general purpose of the commission is to advise the City - :Council on financial issues. Members meet-.the first Monday of } :each month. Residents can obtain a at Brookl PP yn Center City„iiall;s s r . n ' 6301 Shingle _Creek Parkway. Or, they can call Deputy City Clerk UI I W� - Sharon Knutson at -T he The deadhne'to a 1 ;�s Sept, . 24 ;. _ INVEST IN P EOPLE 1 � . PP The appointment will be made by the mayor a Ci Cuncil. IT'S NEVER MEANT MORE -_ �R .i �r A �,� _ s ;:Park- and -ride topic ^of .meeting U 'A • park= and - ride. Y P : facilit for 65th Avenue North and roposed, Brooklyn Boulevard will be the topic of a pubhc informational :meeting at 7.p.m., Sept. 9, at Garden City School, °350f 65th Ave.: _ f Brooklyn Center. VI A k e agenda will include a. review of possible, alternative sites fit impact and'safety concerns . and alternate A esigns for,th e: 65th Avenu klyn Boulevard location . L The park -and -ride is be' proposed b the Me P P Y Metropolitan Tran- sit Commission. The facili would includ = e a parking lot where => v motorists could park their cars and then ride the bus. t -.. y >" r ne tare in < " NoRTxWFST NEws > _ r 4 z s , Septemh f3, 1993 1 e� '$ Brooklyn CenterCommiss�on 1993 � a ��Ta.CR21C1eS ` �Appiicationa Deadline: Septerxeber .24 1 Ol' •« BROOKLYN'CE E NTER Rob?ins�dale anaxogers sinces�2. FINANCIAL CONIIVIISSION'he'gbals ofte Co �?ncil' are to fin- Nptice_; is hereby given that a prove�ccess man services for vacancy exists on the Brooklyn Cen area :reidentS� raise awareness of b, ages) . ter Financial Commission; The gen human sexvicce needs rand coordi- " eral : Hateandassstinplannirygforneeded RegularAdmisslon prices human services inthe community. _ without o food,ltem act in an a ciI dvisory ; capacity to the . 'City 'Caun on issues •related to !be" Comr�t?issibn is corn alfd ; finance. 'TheFinancial Commission posed. of citizen representatives ap- y meets on -the first Monday -of each pointed for iwo- ye terms by; their m onth: Interested- persons can ob �respecti�e C tyCou cil. �,s anAdvi 'taro azi application at>rooklyn'Cen?3�ioner, representatives ter; City ;Hall, '6301 .Shingle Creek 'asked to attend one Advisory _ NOTE:_ Children 'mustbe at.least 52' Parkway; l3rooId ' '`Center, .or call Commissionmeetirigpermorithand -.�a11 to'use the'waterslide alone; or, Deputy City- ClerkSharon K serve on one Coffin commit- . be accompanied down by an adult, at 569 3300. Final appointmentwIll • tee oskforce during the year. 18 years or older be made' by. the Mayor and City _Issues addressed during these Council ' A,pglication Deadline is meetings span a bri of hu- • 6301 shingle Creek Parkway • 569 -3400 man `service topics including drug Friday, September 24, 3L 3. BROOHLTN CENTER and alcoholabuse; child care, physi- REPRESENTATIVE FOR and sexual abuse, . "emergency Y NORTHWEST HENNEPIN services, mental health needs, and mebuyers senior services HUMAN SERVICES COUNCIL" - - sentee -Owned ADVISORY COMMISSION An applicant's previous experi- 'The Ci of Brookl Center is enee in human service programs is per 'tits tY 3'ri helpful, butnrot I'pquired. The most lookingfor. a- Brooklyn Center resi- important quality as a sincere con - dent wlio}has, an interest in human cernfor human service needs - the _lowed.) . _ = services issues and w be willing communi Because the advisory First time homebuyers are eli to serve, as a municipal representa Commission is a citizen body, mem gible with an annual, adjusted in- tiveto.the Northwest Hennepin Hu- bers come: rom all walks of life. i come of $39,680 or less who are man Services CouncilAdvisory Com- Appointment to the Advisory ,purchasing , absentee owned proper mission.. Commission" will be made by the 3. ties locatedwithinthe identifiedTar,- The - Northwest Hennepin, Hu- Brooklyn Center- City Council. Ifyou "get Area and who °arereceiving their man Services Council is a human a from the MHFA or another services planning and coordina. am inte rested in mo rtgage = volunteering for - this positionvrwould like to obtain recognized financial institution. The ` agency serving the cities of Brooklyn additional - information, ple call x homebuyer _must _complete ,eligible .Center; .Brooklyn Park, Champlin Deputy City Clerk; Shamn`Knutson Improvements on the property In an._ :Corcoran,: Crystal, Dayton,' :Golden at 569 -3300. ApplicatiowDeadline . t, amount equal to or greater than the Valley, Hanover, Hassan; NewHope, 4 September 24, 1993 amount of the Rehabilitation Gran t: _ T , . IVlaple drove, - Osseo, . Plyrriouth r For more information contact z _ _ Vicki Murray at 644 -Z 10 of�,T_ r Bublitz. at the City , of Brooklyn C Deadline for , 1 of n• N oRTHWESTNEws is Mo nday, TES A RE AT AN 00 ; L TIME LUG! Lave `you refrained from taking' advantage `the low interest rates available' in todays - PM market ?Are you concerned about out of pocket cash to close ?Don't`be! & ADo scwr, CONS V A VTS LTD CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 569 -3494 EMERGENCY - POLICE - FIRE 911 NOTICE OF VACANCY BROOKLYN CENTER FINANCIAL COMMISSION Notice is hereby given that a vacancy exists on the Brooklyn Center Financial Commission. The general purpose of the Commission is to act in an advisory capacity to the City Council on issues related to finance. The Financial Commission meets on the 1st Monday f each month. .Interested persons can obtain an application at Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, or call Deputy City Clerk Sharon Knutson at 569 -3300. Final appointment will be made by the Mayor and City Council. APPLICATION DEADLINE IS SEPTEMBER 24, 1993. [Posted at Brooklyn Center City Hall and Community Center August 19, 1993] [Published in the Brooklyn Center Sun -Post September 1, 1993] [Published in the Northwest News September 13, 1993] env il�I���� NOTICE OF VACANCY BROOKLYN YN CENTER REPRESENTATIVE FOR NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL ADVISORY COMMISSION The City of Brooklyn Center is looking for a Brooklyn Center resident who has an interest in human services issues and would be willing to serve as a municipal representative to the Northwest Hennepin Human Services Council Advisory Commission. The Northwest Hennepin Human Services Council is a human services planning and coordinating agency serving the cities of Brooklyn Center, Brooklyn Park, Champlin, Corcoran, Crystal, Dayton, Golden Valley, Hanover, Hassan, New Hope, Maple Grove Osseo Plymouth, Robbin y sdale, and Rogers since 1972. The goals of the Council are to improve access to human services for area residents, raise awareness of human service needs, and coordinate and assist in planning for needed human services in the community. The Advisory Commission is composed of citizen representatives appointed for two - year terms by their respective City Council. As an Advisory Commissioner, representatives are asked to attend one Advisory Commission meeting per month and serve on one Commission committee or task force during the year. Issues addressed during these meetings span a broad range of human service topics including drug and alcohol abuse, child care, physical and sexual abuse, emergency services, mental health needs, and senior services. An applicant's previous experience in human service programs is helpful, but not required. The most important quality is a sincere concern for human service needs in the community. Because the Advisory Commission is a citizen body, members come from all walks of life. Appointment to the Advisory Commission will be made by the Brooklyn Center City Council. If you are interested in volunteering for this position or would like to obtain additional information, please call Deputy City Clerk Sharon Knutson at 569 -3300. APPLICATION DEADLINE IS FRIDAY, SEPTEMBER 24, 1993. [Posted at Brooklyn Center City Hall August 19, 1993] [Published in the Brookly n Center Sun -Post September 1, 1993] [Published in the Northwest News September 13, 1993] CHANNEL #37 ANNOUNCEMENTS CITY OF BROOKLYN CENTER DATE: DEPARTMENT rn i n i S t}i[xl CONTACT PERSON: knAbn DATE ANNOUNCEMENT ON Q tK DATE ANNOUNCEMENT OFF S_ PD-tt'�ber o'er{ 1 �L3 GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR JLU�-- Please list the announcement as you would like it to appear: c B Roo LY '` & IEK - NNANCi At Cb MMjS5 j 6 pQ AP80iN7Mt;NZ - M E Fifyi9fyci m � IN Fo m d N C �S kN J) Y �3oa a - u g LY C S S�PT�m� � F� ay 193 RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL REVISED 4/92. CHANNEL #37 ANNOUNCEMENTS CITY OF BROOKLYN CENTER DATE u u 19q3 DEPARTMENT: r11 ±L- 14 CONTACT PERSON `�aYbn Kn i1tS6Y1 DATE ANNOUNCEMENT ON 3 P b�ev'- DATE ANNOUNCEMENT OFF.-- I O R 3 GUIDELINES: • Limit to 32 characters per line (including blank spaces) and 8 lines total (use additional pages if you need more space) • Specify color for message background Blue, Red, Yellow, Green, Violet BACKGROUND COLOR Please list the announcement as you would like it to appear: OF VA C N eeded 4 ve a o S T , v n kp fza � i5 - y 1193. RETURN FORM TO RUTH DICKSON, CITY MANAGER'S OFFICE, CITY HALL REVISED 4/92. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE: 569 -3300 C ENTER F AX: 569 -3494 EMERGENCY - POLICE - FIRE 911 August 20, 1993 Dear Advisory Commission Applicants: Two of Brooklyn Center's advisory commissions have vacancies due to resignation by commissioners: the Financial Commission and the Northwest Hennepin Human Services Council Advisory Commission. Since you have previously expressed interest and completed an application for appointment to an advisory commission, Mayor Paulson suggested you be notified of these vacancies to inquire if you continue to have an interest in serving on a commission. Please call me at 569 -3306 if you are interested in applying for either of these advisory commissions. The Mayor and City Council will be appointing commissioners sometime in early October. Thank you. Sincerely, �'A" Sharon Knutson Administrative Assistant /Deputy City Clerk CITY OF BROOKLYN CENTER enc. cc: Mayor and City Council Members 1986ALL-AAffPoCACf1Y � Persons notified of opening on Financial Commission and Northwest Hennepin Human Services Council Advisory Commission (letter dated August 20, 1993) Mr. Joel Hilstrom Mr. Richard Hilstrom Mr. Robert Kensinger 3509 66th Avenue North 6107 Perry Avenue North 2619 65th Avenue North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Wayde Lerbs Mr. Dean Nyquist Lee W. Anderson 5107 East Twin Lake Boulevard 5701 June Avenue North 5344 North Lilac Drive Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Scott Malcolm Noah Bridges Charles W. Gustafson 7018 Fremont Avenue North 6712 Emerson Avenue North 3801 66th Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 0 Dorothy Stiele Lawrence Peterson Mark Yelich 3349 49th Avenue North 5830 June Avenue North 1721 Irving Lane North Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Duane Betker Richard Campbell Jack Kelly 7025 Knox Avenue North 4521 Kathrene Drive 6129 Scott Avenue North Brooklyn Center, MN 55430 Brooklyn Center, MN 55429 Brooklyn Center, MN 55429 o • / I .. � r� .boa +�s..'a? �in � W Mi i' ■ `q•� � � � et ,. -. -. ti � ��� 11 AAlllli AM �''� ! � � ` ,: i ❖ : ❖ : ❖: 163' : _• �' 111111 oo :o ❖ i • � ��... ,� • ��='''IAAI II X11 • / :• � � it • i � :• • � r.�� .� 1 1 E iQ IOIE IC i 1 � I� IE �•�► ...^III �I�II CITY OF BROOKLYN CENTER Council Meeting Date 1 Agenda Item Number U C REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION OF REAPPOINTMENTS FOR ADVISORY COMMISSIONS DEPT. APPROVAL: Gerald G. Splinter, City Manager MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SUAVA"Y EXPLANATION: (supplemental sheets attached ) Each advisory commission will have commissioner terms expiring on December 31, 1993. In an effort to simplify the process for filling these expiring terms, the Council needs to decide how they would like these reappointments handled. In past years those commissioners whose terms were expiring were asked if they were interested in being reappointed to their respective commission. Then at the first meeting in January, the reappointments were placed on the agenda. Perhaps this process should be on the agenda prior to the expiration of terms, i.e. the first meeting in December. The Council should decide if those commissioners interested in reapplying for their respective commission should express such interest verbally, such as at their commission meeting, or if a letter of interest should be submitted, or if they need to reapply using the formal application. Also staff needs direction as to the advertisement for the commissions. Should the advertisement be a generic announcement seeking commissioners for various commissions or should the advertisement be commission specific for openings only? RECOMMENDED CITY COUNCIL ACTION Direct staff on a process for the reappointments of advisory commissioners. • CITY OF BROOKLYN CENTER Council Meeting Date 10/12/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING THE WEEK OF OCTOBER 18 THROUGH 21, 1993, TO BE MANUFACTURER'S WEEK IN BROOKLYN CENTER DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOAMIENDATION: No comments to supplement this report Comments below /attached • SUABLARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION Declare the week of October 18 through 21, 1993, to be manufacturer's week in Brooklyn Center. • 9� PROCLAMATION DECLARING THE WEEK OF OCTOBER 18 THROUGH 21, 1993, TO BE MANUFACTURER'S WEEK IN BROOKLYN CENTER WHEREAS, Manufacturing employs one out of every five off -farm workers in Minnesota; and WHEREAS, Manufacturing has the largest total payroll of any sector in Minnesota and the second highest average wage; and WHEREAS, Manufacturing produces $19.8 billion for Minnesota's economy, the largest single share of our gross state product; and WHEREAS, Manufacturing exports brought nearly $6.7 billion into the state in 1992, far outstripping any of Minnesota's other sectors; and WHEREAS, Manufacturing contributed nearly $68 million more than any other sector in income taxes alone. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center does hereby publicly declare its thanks and appreciation to all Brooklyn Center area manufacturers and their employees for the contributions they make to our state and community; and in particular, the City Council thanks the following members of the Chamber of Commerce: American Speedy Printing Howe Company Beal Cabinets Kratech, Inc. Bergmann Machine Works Macro Scientific, Inc. Brooklyn Printing, Inc. Midwest Screw Products Cass Screw Machine Co. MSW Manufacturing Diversico Industries Omni Tool, Inc. Douglas Metal Specialties Promeon Graco, Inc. Technical Resin Packaging Granquist Company Vision Ease Polycarbonate Hiawatha Rubber Woodco NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim the week of October 18 through 21, 1993, to be Manufacturer's Week in Brooklyn Center. Date Todd Paulson, Mayor ATTEST: Deputy Clerk CITY OF BROOKLYN CENTER Council Meeting Date /12/93 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING: WITH RESPECT TO REFINANCING FOR FACILITIES OF MARANATHA CONSERVATIVE BAPTIST HOME, INC., AND CENTER PARK SENIOR APARTMENTS, INC. DEPT. APPROVAL: Brad Hoffman, Director of ommunity Development MANAGER'S REVIEW/RECONVEMENDATION: .•, • No comments to supplement this report . Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) RECOMMENDED CITY COUNCIL ACTION 1. Open public hearing and call meeting to order. 2. Take comments from members of the audience. 3. Carry this agenda item over to the next Council meeting (October 25, 1993). CITY OF BROOKLYN CENTER Council Meeting Date October 12. 1993 Agenda Item Numbcr REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: INTERIM EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252 DEPT. APPR .1 �k Brad HVfman, Director of Community Development Manager MANAGER'S REVIEW/RECOABIENDATION: No comments to supplement this report Comments below /attached • SUNMARY EXPLANATION: (supplemental sheets attached ) 0 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of October , 1993 at _7:15 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an interim Emergency Ordinance for the Purpose of Protecting the Planning Process and Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development on all Land South of 66th Avenue and North of I -694 Lying Between Willow Lane and Highway 252. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City's Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. INTERIM EMERGENCY ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT ON ALL LAND SOUTH OF 66TH AVENUE AND NORTH OF I -694 LYING BETWEEN WILLOW LANE AND HIGHWAY 252. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Background 1.01. In connection with the consideration of an application for rezoning and permits for development of a portion of the property affected by this ordinance, City staff, consultants, Planning Commission, the Northeast Neighborhood Advisory Group and the City Council reviewed the existing and potential development in the area. As a result of that review process, the Council determined that the current land use controls did not adequately address various land use concerns in the area. Among these concerns were inadequate or inappropriate buffering of nearby residential uses, nonconforming uses, zoning ordinances which were not consistent with the City's Comprehensive Land Use Plan, insufficient or hazardous traffic circulation, changes in land use and roadways which occurred since current zoning controls were adopted, and adjacent or nearby land uses or potential uses which were not compatible with permitted uses or special uses in the affected area. 1.02. The Council determined that there was a need for further studies to be conducted so that the City could adopt appropriate amendments to its Comprehensive Plan and zoning code so as to ensure protection of the public health, safety and welfare. The Council directed that such studies be undertaken. 0 1.03. Studies and amendments to the City code which were considered in connection with earlier reviews of the official controls applicable to the affected area were not acted upon by the City Council. CLL58963 DR291 -43 1.04. As a result of consideration of an application for a special use permit for a filling station and car wash on a portion of the property affected by this ordinance, the Council has determined that the current zoning of the affected area is not, or may not be, appropriate or sufficient to protect the public health, safety or welfare for a number of reasons. These reasons include, but are not limited to, the following: a. The proposed use would have unacceptably adverse impacts on surrounding uses because of 24 hour activity, noise, lights, glare and traffic. b . Such adverse impacts cannot be adequately mitigated by site design or improvements. c. Many of these adverse impacts would result from permitted uses as well as special uses under current zoning. 1.05. A hearing has been scheduled for the purpose of considering amendment of the Comprehensive Plan and zoning code. 1.06. The Council has therefore determined that there is a need for an interim ordinance to be adopted for the purpose of protecting the planning process and the health, safety and welfare of the citizens of the City and ensuring that the City and its citizens retain the benefits of, and protection sought to be afforded by, the City's Comprehensive Plan and zoning ordinances until such hearing is held, and any modifications to the City's Comprehensive Plan and zoning and land use regulations are effective. 1.07. Due to the pendency of an application for a special use permit for proposed development in the area affected by this ordinance, the Council has determined that adoption of an emergency ordinance is necessary to serve the purposes described in paragraph 1.06 until an interim ordinance can become effective. Section 2. Determination 2.01. This interim ordinance shall apply to all property south of 66th Avenue and north of I -694 between Willow Lane and Highway 252 (the subject area). 2.02. During the period this interim ordinance is in effect, no property within the subject area may be developed, redeveloped, nor shall any site plan approvals, rezonings, licenses (other than renewals), plattings or replattings, land divisions or consolidations, special use permits or building permits be issued by the City for any use . 2.03. This ordinance shall remain in effect until the sixty -first day following its adoption, or such earlier date as may be adopted by the City Council. CLL58963 BR291 -43 2 Section 3. Applicability 3.01. This ordinance applies to any application for site plan approvals, rezonings, licenses, plattings or replattings, land divisions or consolidations, special use permits or building permits that have not received preliminary approval by the City Council before the effective date of this ordinance. Section 4. Effective Date 4.01. This ordinance is effective upon adoption. Adopted this day of 1993. Mayor Deputy City Clerk Date of Publication: Effective Date: CLL58963 BR291 -43 3 CITY OF BROOKLYN CENTER council Meeting Date I012/93 Agenda Item Number 1,R Q/ • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CITIZEN APPEAL OF ADMINISTRATIVE TRAFFIC COMMITTEE DETERMINATION RE: CLEAR VIEW TRIANGLE (5603 JAMES AVENUE NORTH AND 5120 E. TWIN LAKE BOULEVARD) DEPT. APPROVAL: ,A� `4 Sy Knapp, "ector of blic Works MANAGER'S REVIEW /RECONIlMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached YES • Section 25 -802 of the Brooklyn Center City Ordinances (attached) prohibit trees, shrubs, etc. from blocking the clear view of motorists, bicyclists, and pedestrians at intersections. The "Clear View Triangle" must be kept clear of obstructions from a height of 2 feet to 10 feet above the centerline street grade at intersections. The Administrative Traffic Committee (ATC) acts to enforce this ordinance when it receives a citizen complaint about a particular corner at an intersection. Under a procedure approved by the City Council, the property owner receives a photo of the property with the Clear View Triangle marked and a description of how to improve safety at the intersection. An engineering department staff person is available to provide assistance, and usually meets with the property owner to review options. Two property owners are exercising their right to appeal the ATC 's determination of a Clear View Triangle obstruction. I recommend that the Council review each case separately, asking the owner to explain why they believe the obstruction in question is not a safety hazard. 5603 James Avenue North The obstruction (see attached) is a single spruce tree set back about 20 feet from the corner. While this tree is not a serious hazard at this time, as it grows it will become more so. The ATC has advised the ro ert owner, Mr. Ken P P y Campbell, that the tree is probably still small enough to successfully transplanted elsewhere on this property. 5120 E. Twin Lake Boulevard The obstruction (see attached) is primarily a large juniper bush. The property is located on a T- intersection with E. Twin Lake Blvd. the through street and Oak Street the cross street. The obstruction is a problem for drivers on Oak Street wishing to see north. The owner has done some trimming, but the obstruction is still of concern. RECOMMENDED CITY COUNCIL ACTION 1.) Request staff to review each contested obstruction. 2.) Request the property owner to describe to the Council why they have chosen to appeal the request to trim or remove the obstruction. 3.) Discuss each case and make a determination. 4.) If the determination is that the owner abate the obstruction, set a time limit and authorize city crews to abate the obstruction if work is not complete by that date. • CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of April, 1993 at 7:15 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending the City Code Regarding the Clear View Triangle. 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. 93 -05 AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY ORDINANCES REGARDING THE CLEAR VIEW TRIANGLE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Sections 25- 801 -25 -805 are hereby added to the City Ordinances with language as follows: Section 25 -801. SIGHT OBSTRUCTIONS PROHIBITED. Trees shrubbery, and other Plant materials shall not be planted or maintained in such a manner as to obscure or impede the visual sightlines required to ensure the safe and efficient circulation of vehicles and pedestrians on streets intersections alleys, trails, and sidewalks Section 25 -802. CLEAR VIEW TRIANGLE DEFINED. On any property which is located at a street intersection the Clear View Triangle is defined as that triangular area formed by connecting the following three points: the point of intersection of the adjacent curb lines extended and a point on each adjacent curb line 55 feet from such P oint of intersection. If there are no curbs the edge of the travelled portion of the street or road shall be used instead of the curb line. On any property which is located at an intersection of an alley with a street the triangular area is formed by connecting points 20 feet from such point of intersection Nothing, may be allowed within the Clear View triangle to materially impede vision between a height of two and one-half feet and 10 feet above the centerline grades of the intersecting streets Section 25 -803. PLANTS EXTENDING OVER ROADS OR ALLEYS PROHIBITED No person owning or controlling: an plantings along public streets o roadways shall r roa — g g ALP g gLP Y Permit such plantings to extend over the travelled portion of such street or roadwav unless the lowest overhanging_ portion of such plantings is trimmed to a minimum of 16 feet above the centerline grade No plantings may extend over the travelled portion of public allevs unless the lowest overhanging portion of such plantings is trimmed to a minimum of 12 feet above the centerline rade Section 25 -804 PLANTS BLOCKING VISIBILITY OF SIGNS PROHIBITED No person owning-or controllin Plantings alon ublic streets or roadways shall — g any P g B_P y Permit such nlantings to block the visibility of any regulatory, warning or street identification si nor any traffic signals The City shall have the authority to determine the minimal amount of required clear zones in such ORDINANCE NO. 93 -05 circumstances. Section 25 -805. PLANTS EXTENDING OVER SIDEWALKS OR TRAILS PROHIBITED. No person owning or controlling any plantings along public sidewalks or trails shall permit such plantings to extend over the travelled portion of such sidewalks or trails unless the lowest overhanging portion of such plantings is trimmed to a minimum of 12 feet above the centerline grade Section 25 -810. ENFORCEMENT. Violation of Sections 25 -801 through 25 -805 is determined and declared to be a public safety hazard and a public nuisance When any such condition is found to exist the city manager or the city manager's designee shall give the owner or occupant a written order to either: (1) abate the nuisance at the expense of the owner or occupant within a period of not less than 10 days the exact time to be specified in such order: or (2) demand a hearing by giving the city manager written notice of demand for such a hearing within 5 days after receipt of the order to abate the nuisance Upon receipt of such a demand the city manager shall schedule a hearing before the Council at the first council meeting occurring more than 10 days after the order was served on the owner or occupant and shall notify the owner or occupant of the time and place of the hearing Following the hearing, the city council may rescind or affirm or modify the city manager's order to abate the nuisance Upon failure by the owner or occupant to abate the nuisance as ordered by the city manager, or by the city council following a hearing, the city manager shall cause the nuisance to be abated and shall certifv the cost thereof to the city clerk The city clerk shall certify said costs to the County to be extended on the tax rolls of the County against the real estate from which the nuisance was abated all in accordance with Minnesota Statutes Chapter 429 and Section 412.221. Section 2. This ordinance shall become effective after publication and thirty (30) days following its adoption. Adopted this 12th day of April 1993 Mayor, Todd Paulson ATTEST: Deputy Clerk Date of Publication March 17, 199 Effective Date May 12, 1993 5603 James Avenue North Brooklyn Center, MN 55430 September 2, 1993 Gerald Splinter City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: The purpose of this letter is to demand a hearing on an order to abate a violation of the "Clear View Triangle" ordinance which I received on September 1, 1993. The subject of this order is a spruce tree near the southeast corner of my lot. According to my neighbors, this tree has been on my lot for more than sixteen years, and it has not grown considerably during the six years I have resided at this address. As can be seen in the pictures taken by your code enforcement official, the spruce tree is the only object on my property within the area defined as the clear view triangle; and it is not large enough to impede the view of drivers who approach the intersection at a reasonable speed. I have never been told by neighbors that my tree is a traffic hazard, and I have never been informed that impeded vision caused by my tree was a contributing factor to a traffic accident. In fact, I am not aware of any accidents that have occurred at this intersection in six years. The real hazard to pedestrians and motorists at this intersection is not my spruce tree (or the shrubbery on the two lots on the south side of 56th Avenue North), but is the few drivers who drive through this uncontrolled intersection at unsafe speeds. I understand that traffic counts and the incidence of accidents at this intersection do not warrant installation of stop signs according to City standards, however. My spruce tree is mature and healthy. My immediate neighbors, with whom I have discussed this matter, and I consider this tree to be an asset on my lot. Since trimming the tree up to the height required by the ordinance would ruin the appearance and probably kill the tree, compliance with the City's order requires that I remove this beautiful tree. I would like the City Council to rescind the order to remove my spruce tree. If this is not satisfactory, I suggest that the City Council modify the order to require that I trim the tree of all branches hanging within 18 inches of the ground, which would allow a driver to see under the tree the entire width of the cross street. This compromise would allow me to save a tree that should not be removed and may satisfy the only complainant about my tree in the past six years. Thank you for your consideration. Sincerely, Ken Campbell ' 3 A l, 4 f ro f T iy! " 4.�. I f Ate' ±� ��.t' I t • - an -�° �..y ± I�'� .t, c r�t,a�' +, � p. • t e g w. `rr' '�> !`Yy ^. � �.} #r ,y., �.. � F F • V 9� R�iF'.� « Y ��y1• , .nw/Y� 1 � W�ty Ji F TiY:wRp'.� �v - �, e+ s y t 'pr • � MK Daniel & Maureen Middlestedt 5120 E. Twin Lake Blvd. Brooklyn Center, MN 55429 (612) 537 -0399 October 2, 1993 Gerald Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Corner Variance Appeal Dear Mr. Splinter: I am writing to request a variance of the two and half foot (or 30 inches) requirement for residential property corners. Please put forth this appeal for a variance before Brooklyn Center City Council. I am making this variance request based on the following points: One, I have already cut our spruce tree branches and junipers that essentially meets this requirement. Two, I have made additional cuts lowering the junipers, thus making for even additional visibility at our corner. Three, there is a rise or an embankment from the street of approximately 25 inches, thus leaving only 5 inches to meet this 30 inches requirement. Based on this 5 inch allowance and the way junipers grow, if we were to cut to 5 inches, there would only be stumps showing, thus destroying our juniper landscaping. Four, we bought our property based on our appreciation of this landscaping and thus to force us to cut would eliminate our desire to stay in Brooklyn Center. Five, our neighbor at 3850 Oak Street, voluntarily came to our house and thanked us for the increased visibility at our corner 2. after we cut the spruce branches and junipers. Based on our neighbor's visit, we are convinced that this appreciation shows that a high degree of safety has already been reached. Our neighbor's visit was made after the first cut and before the second cut named in point two above. obviously, the visibility at our corner is higher now than our neighbor's first visit -- and the visibility is as great as it ever will be without destroying the junipers. Therefore, if Mr. Neuenfeldt, City Technician, demands elimination of the junipers, he would be forcing a "safety issue" which is obviously not made for safety reasons but only made for reasons which are arbitrary and capricious. Some of these reasons are those named in point seven below. Six, in a previous letter to Bob Neuenfeldt we pointed out several other corners which obviously violate this 30 inch requirement. Nevertheless, I believe corners on high traffic corners like 53rd and France should only be enforced for safety reasons and corners such as those at 5126 E. Twin Lake Boulevard should not be enforced because of low traffic. The corner at 5126 E. Twin Lake is very similar to ours in that there isn't high automobile traffic like there is at 53rd and France. Seven, we have made several good faith efforts at trimming our corner. Nevertheless, if neighbors can report on each other for technical violations and insist that our junipers be destroyed, which is not based on safety reasons ( see point Five) , Brooklyn Center would be in effect encouraging retaliatory measures and petty rivalries that would only increase the hostility between citizens of Brooklyn Center. All this animosity would be taking place behind the anonymity of Minnesota's Data Practice Act, which Bob Neuenfeldt (and Diane Spector, Public Works Coordinator) is the tool or driving force of this hostility. Thus, if Brooklyn Center insist that we destroy the landscaping at our corner, I am convinced a neutral decision maker would see that Brooklyn Center is not operating on the same good faith principle as one who has made several attempts to meet the 30 inch requirement. Based on a letter we just received from Diane Spector which states that we can attend a city council meeting on the 12th of this month, I will assume that this letter will be copied and distributed at this meeting concerning this appeal for a variance -- otherwise please contact me. 3. In addition, please distribute a copy of this letter to Bob Neuenfeldt and Diane Spector. Lastly, because of our property interest named in points three and four above, if this appeal is decided against us, I request that we be informed of any appeal or alternatives procedures open to us and not taking any action without informing us of these procedures. Sincerely, Daniel K. Middlestedt DKM _./ Lj August 30, 1993 5120 East Twin Lake Blvd. Mpls., MN 55429 Bob Neuenfeldt Engineering Technician City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Dear Bob, You recently stopped by and observed the corner of our property as it relates to a Clear View Triangle. I have since made observations about our immediate neighborhood with the same clear view objective in mind. Before any conclusions are made as relates to our corner, I would like the following sites to be investigated and recommended the same changes, if indeed any need to be made: 1) The property next to ours on corner; 5126 E. Twin Lake Blvd. violates this clear view triangle rule. 2) 53rd and France N.E. -- violates the same clear view triangle 3) The property at 5107 Twin Lake. Cars are parked in a dangerous part of this triangle a great deal of the time. Kids are often hutting out behind a car into the street and cars have had to come to a sudden stop. This needs be investigated and cars ticketed. I have listed a few instances. As a property owner in this neighborhood and a citizen of this city, I have grave concerns about the overall depreciation value as a homeowner. There are numerous vehicles parked next to and adjacent to our home. Garages are apparently not being used for their intended purposes. Other properties along our street and Oak Street are unsightly. In closing, if Brooklyn Center suggests or insist on doing anything about our corner, then all of the above needs to be addressed as otherwise this would be considered discriminatory; this will be notice to you as a representative of Brooklyn Center. Sincerely, Maureen Ward- Middlestedt xc: Brooklyn .Center City Engineer fig '•►� .��((l�Aa ~ ' _ _ s { ... _ ;� +l i 1 lip >✓ i a,{ ,•'•i a r : r �! s r•..,Si '£iii�� ,.+` w`� �.i• Imo•, y;y L nrJ L ""1 l l l W W win l �:�� i L ---- -� a I LSLL —J J EITHAII — ' ryi z 17 1 � a _ ERICON ® E� ✓ � SST�AVEN, i P� X Ll � per y' ,.IN GCXF AVE m'� ( z z LL s x o ffi F TWIT � i FF M FT 5603 JAMES AVE NO KAT ' HREIE DRIVE 3-B jf��-,,,JJJ' v LAKEBREEZE AVE. 7 -8 LAKE LAKES LANE A -B 1 LAKESIDE PLACE 7_B 1 UP � P r ER 53RD AvE, N- LAWREN ROAD -- 3 C / ZZ1N Jp• `_7 LILAC DRIVE -- "-C -f I LAKE W s RLIN DRIVE 3 -B WfORD ROAD --- — 3 -C.D N ASH ROAD E LINE N - -- Z -A.B OS NORTWORT DRIVE 1,5 -C DAR RT STRE DRIVE -- R-0 ET 7 -B 52ND AVE. N. 01 STREET _ O'HENRT ROAD - 3 -C,D OLIVER CIRCLE 1¢ yu OSSEEO ROADD 5 00 -5700 —r• s_� D sr. PAUdER LAKE CIRCLE 1 - A ' , 1, ' C Y / PALTER LAKE DRIVE -- -1_L.1_1 j- PAUL DRIVE i C PEJJl50N DRIVE — ----- 4_g Z VE. N. ,HXL= PER" G71X1T - EA57AEST — I -A A ' Z` SIS7 VE. V 1 OO FERRY PULE I - POE ROAD 7 PONDS DRIVE NORTH _A OLMII CIR0.E - EAST/WEST -- --- --. I -A � ODAALES ROAD -- __ --.. Z_C ^ RIVER ALE C ROAD OURT — I Z-0 RIVEPD I 3DTR A, G-a ALE — -0 SAILOR LAK -- 5 -C < SHINOIE CREEK PKWY, 2E_40 K < SIGRES DRIVE -- R_g f 2 S TKABEA R oA�D 3.4-f MIDDLE �` AVE 2. TWIN LAKE AVE. — .- URBAN AVE. ns7N VIOLET AV"'w -_ _� WILLOW LANE — - -- � LAKE r WINO* STER WINGARO LANE - -- -- -... -- Z - A.B . :. LAKEBREEZE AVE. N, � WfNCAAn P1 AM --- 1 I - i f__ �'� l� — � 0 5120 E. TWIN LAKE BLVD CITY OF BROOKLYN CENTER Council Meeting Date 101293 Agenda Item Number �� b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STATUS REPORT ON PROPOSED 1994 STREET IMPROVEMENTS DEPT. APPROVAL: ,e 41— �� Sy Knapp, ]Vector o blic Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes As directed by the City Council on 7/26/93, initial meetings have been held regarding 4 of the 6 improvement project areas for 1994. The Council received a report covering the first 3 meetings (covering the Northwest area, Humboldt Avenue and the James /Knox /54th area) on 9/13/93. At that time the City Council (1) authorized development of feasibility studies in those 3 areas; and (2) approved a proposal for a traffic study on Humboldt Avenue. Since that time staff has started field surveys in the Northwest area and has conducted the on- site license plate data collection on Humboldt Avenue. This data is now being analyzed by traffic consultant SRF, and the results should be available in 2 or 3 weeks. After receiving those results and compiling additional information, staff will meet with the Humboldt Avenue citizen committee to present that information, discuss the information which they have submitted to us, and attempt to reach a consensus on the future direction of this issue. Hopefully, a Step 5 "worksession" meeting (see attached Building Block process) with all property owners on Humboldt Avenue could then follow - possibly in mid -to -late November. Regarding the Northwest area, we expect to be able to conduct a Step 5 " worksession" meeting in early November. 73rd Avenue Pro iect Status The initial meeting regarding 73rd Avenue was held on September 29 at the Evergreen Elementary School. Attendance was low, 10 persons attended, representing 7 of the 24 property owners on the south (Brooklyn Center) side of this street. Lively citizen participation (see attached meeting notes) focused on traffic issues and the question of responsibility to pay for improvements to this street. It is apparent that the availability of detailed topographic information (location of all trees, driveways, etc.) would provide staff with the ability to develop details covering some of the concepts which we believe would make improvement of this street much more palatable to residents. Those concepts include: (1) building the street "off center" within the right -of -way, so as to allow the street and trail (or sidewalk) to be balanced within the right -of -way, (2) a curvilinear alignment of the street (similar to West River Road), (3) allowance of parking (on a wider street section) vs. prohibition of parking (on a • narrower street section) considered on a block -by -block basis; and (4) saving as many trees as possible. Because our engineering staff will not be able to schedule adequate time to obtain all of the required topographic information, and because this would be a joint project with Brooklyn Park, Brooklyn Park's Director of Public Works Gary Brown and I recommend hiring a consulting firm to conduct the needed topographic survey. Accordingly, we request Council authorization to solicit proposals for this work. If that authorization is given, we will prepare the needed "RFP ", solicit proposals and submit our recommendation to the Council at the 10/25/93 Council meeting, provided Brooklyn Park formally agrees to pay for one -half of the costs for that work. Status of Project on 57th Avenue North One of the six candidate projects identified for consideration in 1994 is 57th Avenue from Logan Avenue to Camden Avenue. Unfortunately, there are several issues which will make it impossible to proceed with this project in 1994, i.e.: ✓ A major component of that project will be the need for extensive upgrading of the storm drainage system in this area. Because of the delays in completing the City's Water Management Plan, we simply don't know the details of what storm sewer improvements will be needed. ✓ As previously noted, the section of 57th Avenue between Logan and Humboldt Avenues is designated as Hennepin County Road No. 57. Due to Hennepin • County's lack of funds and their consideration of policy changes regarding cost sharing on such projects, we believe the chances of obtaining County participation in 1994 are very low. ✓ Consideration of improvements to 57th Avenue should be accompanied by consideration of constructing a trail on the NSP easement area north of 57th. Negotiations for such an easement and developing details to make such a trail acceptable to abutting property owners will be time consuming. Accordingly, we recommend that 57th Avenue be dropped from consideration as a 1994 project, but identified as a high - priority project for 1995. Status of Willow Lane Project The sixth candidate project identified for consideration in 1994 is Willow Lane between I -694 and the cul -de -sac north of 66th Avenue. Because of current uncertainties and issues regarding development in that area, we recommend dropping that project from consideration indefinitely - until the future of that area becomes more clear. RECOMMENDED CITY COUNCIL ACTION ✓ 3 resolutions are provided for consideration by the City Council. ✓ It is recommended that a motion be adopted, postponing consideration of improvements on 57th Avenue to 1995, but directing staff to continue developing information regarding this project so that it can be implemented in 1995. ✓ It is recommended that a motion be adopted to postpone consideration of improvements on Willow Lane indefinitely. e "BUILDING BLOCK" PROCESS OUTLINE FOR PROPOSED 1994 STREET IMPRO 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) 73rd Avenue Neighborhood Meeting September 29, 1993 7:00 p.m. Evergreen Park Elementary Attendees: 10 residents Staff: Sy Knapp, Mark Maloney, Diane Spector, Sue Rice Sy Knapp, Director of Public Works welcomed residents and thanked them for attending the meeting. He reminded residents that this was to be an informal and informational meeting to discuss the possible need for improvements on 73rd Avenue North in 1994. In his introductory comments he informed the residents that Brooklyn Center has over 100 miles of streets, 20 miles of these are arterial streets, and 73rd is a low to medium volume collector street. The city council has directed staff to develop preliminary information and discuss possible improvements with residents in 6 areas of the city, based on the need for street improvements - 73rd is one of those 6 areas. He explained that the north side of 73rd is Brooklyn Park and the south side is Brooklyn Center with the city limit going right down the middle of 73rd. Brooklyn Park will have its own informational meetings for its residents mainly because of the difference in the way special assessments are calculated between the two cities. Sy reviewed the "Building Block Process Outline for Proposed 1994 Street Improvement Program" and pointed out that this meeting was the third block of this process. Residents would have adequate opportunities to express support for, or opposition to, these improvements. If there is citizen interest, staff would then report this to the council to see if process should continue on to Steps 4, 5 and 6. This meeting tonight would be the first of 3 informational meetings before reaching Step 8. If the council elects to proceed with this project, it could be completed in 1994 if all goes according to schedule. Mark Maloney, City Engineer, began his presentation by stating that the existing water main is 6" cast -iron pipe which was originally installed in 1962. There have been a few water main breaks but no large problems. The city would need to dig up samples of the pipe to expose it and look at it to see if it's corroded. He stated that would be part of the next step if it is decided to continue on with this process. Q. What is the life of the pipe? Mark Life is 50+ years for cast iron pipe, and if it is compacted right, nearly indefinitely. Soil plays the biggest part in pipe corrosion. Q. You say soil, I don't know what you mean? Mark Most of the city has been blessed with a sandy soil and that is probably about the best soil to build things in because of its stability, and chemically it doesn't react with the metals that are used in the pipe. The soil in the NE portion of Brooklyn Center is a mixture of sand, clay and peat. Everything east of 252 is very bad soil. 1 Q. I'm in the Aldrich area and 10 years ago when they built my home it was all sand. Q. Mine is all sand too - I live by Dupont. Mark stated one of the runs of sanitary sewer on 73rd Avenue was built in 1962 and another run was done in 1970. It is 8" clay pipe. There haven't been many problems with regard to sewer. Part of the next step, if there is interest in this project, is to run television cameras through the sewers. Storm drainage system on 73rd runs from Humboldt to the east and intercepts a line on Emerson Avenue and flows down to a larger line on 70th Avenue. The system works pretty good considering there is not curb and gutter on the street. The street itself was built in 1962 and then added some sewer in 1970 when they rebuilt that portion of the street. East of Camden Ave. was done when MNDOT did T.H. 252. The street is showing fatigue. Potholes are patched and the street has been sealcoated once in every 7 year cycle but it is getting to the end. Q. Why are you just doing 73rd to Humboldt, why not further west too? Mark The rationale the city is using is that all the streets are going to get rebuilt as part of this program sooner or later. We can't do all 100 miles of streets at one time. Q. Does it have to do with the majority of cars turning on Humboldt Avenue and heading north? Sy The reason we are stopping at Humboldt Ave. is because we have to have some limits as to how far we can go. Staff feels the condition of the road is worse up to Humboldt. He agreed that it is probably worse because it has the heaviest traffic. Mark explained there are a number of options available if we reconstruct the street. Mark noted that the street could be constructed as narrow as 26' wide. He explained that the existing street is 30' wide (15' in Brooklyn Center and 15' in Brooklyn Park). Because of MSA standards a road that narrow would not be allowed to have parking on the street. Q. If you're going to do a 26' wide street then you're going to have traffic go even faster. We purposely park our car out in front of the house to slow traffic down. Mark Stated the 26' wide street would have concrete curb and gutter, and because the street is narrower there is more opportunity to do landscaping. A 32' wide street would be 1' wider than the existing street on each side. Parking would be allowed on one side. Because the street is wider, there would be less room for landscaping. The third option is a 38' wide street. The advantage to considering this is it would have on- street parking on both sides of the street. Downside is a minimum amount of room to landscape and avoid existing trees. Mark stated the existing street is centered in the right of way. Any one of the 3 options could go down the middle. Another option shows off centering the street to one side and put 2 in a sidewalk or trail on the other side. West River Road has a 10' wide trail and a trail on 73rd would be a logical place to connect the trail. Questions and answers ensued following Mark's presentation. Q. On all of the options are you considering curb and gutter? Mark All the street options that we would consider will have concrete curb and gutter. This street is part of the Municipal State Aid system and part of their standards dictate that street reconstructions have a minimum width and also have concrete curb and gutter. Q. Will it look like 73rd between Camden and T.H. 252? Mark Yes. But it wouldn't be widened for turns. Q. In the likelihood of a sidewalk going in - where would that go, would it follow on the same side of Brooklyn Park? Sy First of all, we should have mentioned that we feel there is a definite need to have a sidewalk on either one side or both sides of 73rd, because there is a fair amount of pedestrian traffic. Several years ago we tried to negotiate a deal with Brooklyn Park to build a sidewalk on one side of the street or the other. We offered to pay for the sidewalk to be built on Brooklyn Park's s side if Brooklyn Park would maintain it. Brooklyn Park turned it down. The option of putting the street off center would give a sidewalk more room without putting it too close to homes and disturbing peoples plantings. It would be a compromise. We still could go different street widths. In order for us to negotiate a fair agreement between Brooklyn Park, Brooklyn Center and all residents, one of the things that we need is a detailed survey telling where all plantings, poles, etc. are so we can figure out the best compromise. When we did West River Road and 69th Avenue we saved as many trees as possible and planted a lot of new ones. We need to know what's out there and get it down on paper and we need to have your ideas on what's important to you - whether parking is important to you or not. Q. Is it an option to just rebuild the street the way it is now? Sy We don't think that is cost effective in the long run. The reason we are very strong on curb and gutter is because the street will last much longer if it has concrete curb and gutter so we can get good drainage off the street. The poorest part of the street is at the edge, and the reason for that is because water g , stands there for some time after a rain. We have told our council and the council has agreed that any streets we build in the future need to have curb and gutter because it is more cost effective. Q. Don't you have to have curb and gutter in order to get funding? Sy Yes, because it is a state aid street. The cost of curb and gutter is relatively small compared to street reconstruction. Q. Is the sidewalk a requirement? 3 Sy We feel that in this case it is an absolute requirement because there is a demand there. We know there was a very serious personal injury accident about 5 or 6 years ago with a pedestrian. We have taken pedestrian counts and feel there is a need. Q. If the sidewalk is put on the Brooklyn Center side of the street, there is telephone cables there and if they have trouble with the cables, they would have to tear up the sidewalks to get at the cables. Sy We have found the best place to have the cables is under a sidewalk because no one is going to dig them up or cut into them. In fact on 69th Ave. NSP had some very big cables they were installing, and after talking with them we put as many cables as we could under the trail because that is the safest place. It's the utility company's responsibility to replace them. Frankly when they go in and tear up sod and shrubs, etc. it is very difficult for us to get them to recreate what was there before but when they tear up a sidewalk it's easy to inspect. Q. I don't quite understand now - you're taking one side and making it a little wider than the other. Sy That is one option - essentially what we're saying is that if we did the street down the middle but insisted on putting the sidewalk on your side you would object to it because you're not being treated fairly compared to the others on the north side. On the other hand, the reason Brooklyn Park objected to putting it on their side was because those people thought they were being treated unfairly. What we are suggesting is a compromise where we move the street to one side so that we can bring a sidewalk or trail on the other side and kind of balance it off. Q. I don't care what the State of Minnesota says or traffic pool or whatever - the number one problem is to get that traffic flow off of 73rd. Let's put up stop signs every couple of blocks. I don't care if there is noise from the cars taking off from the stop signs, it will stop cars from beating up the road. They'll stop cutting through here. Sy asked Diane Spector, Public Works Coordinator, to give her presentation on financing. Diane stated utility costs would be funded by the utility construction funds as well as a special fund for sidewalks. Street lighting /landcaping costs would be generated from General Obligation Bonds (70 %) and Special Assessments (30 %). State Aid Funds would supplement the General Obligation Bond. The current policy for a single- family residential property is a flat rate of $1550 per lot. This could be paid in full or paid in installments for a 10 year period with the interest rate being 9% at this time. Interest rates depend on the cost of bonding, etc. If installments were used, the monthly payment in the first year (first year is always highest because you are paying interest on unpaid balance) would be just over $27 per month and that would fall to about $14 in the last year. Assessments can be paid in full at any time. In order to legally charge special assessments the city has to show that a home has increased in value by at least the amount of the special assessment. The city would hire an independent appraiser to evaluate the benefit to properties. If that evaluation shows market 4 value benefits less than $1550, that figure would be amended accordingly. If, however, the study shows benefits greater than $1550, that figure would not be increased. By law, in order to levy speical assessments, there must be an increase in value to the property. In order the help reduce the impact on low income property owners the city council has authorized a program called Assessment Stabilization. This program basically states that the special assessment that is paid is based on family size and income. Based on this the city may pay a portion or perhaps all of the special assessment for some property owners who fall within low income or lower income families. Diane explained the reason we are looking at a reconstruction program of the streets in Brooklyn Center is because the older streets get the more it costs to maintain them. The city spends much more on patching and sealcoating on older streets and it simply becomes more cost effective to just replace them. At the end of Diane's presentation a brief break was taken. Sy stated the city recognizes traffic is a concern. Traffic counts on Humboldt Ave. are 10,000 cars a day, four times as much as 73rd Avenue. At the Humboldt meeting the people were saying by far the biggest portion of traffic (at least during rush hours) is traffic that goes from T. H. 252 on the north to Hwy. 100 on the south (thru traffic). The people on Humboldt Ave. are saying that at least 90% of the traffic is thru traffic. Staff did a license plate survey on September 28 - people were stationed at Humboldt and T.H. 252, 73rd and Humboldt, and 65th and Humboldt (Hwy. 100) in order to track down where the cars are coming from. We are going to run that survey through an analysis and find what percent of thru traffic were dealing with. One of the things we have already talked with Brooklyn Park about is to disconnect Humboldt Ave. from T.H. 252. That would certainly reduce the amount of traffic, and we would have to look and see if that would reduce the traffic on 73rd. Q. Another way would be no left turn off T.H. 252 between 4 and 6 p.m. Sy You're saying one of the biggest problems is T.H. 252 in the evening rush hour? Q. Yes, I don't think it is as much in the morning as it is at night. Another thing that is supposed to happen in 1994 which might make a big difference is that MNDOT has told Brooklyn Park that they will add a third lane onto T.H. 252 between 73rd and Brookdale Drive. I think this would have a significant effect on afternoon rush hour traffic. Does it sound as if that improvement would reduce the problem? Q. Maybe some of it, but I don't think it will reduce the problem completely. Sy No, there is no way it will reduce the problem completely. 73rd needs to serve at least the area down to 72nd or 71st going south and it needs to serve the area at least halfway up to Brookdale Drive. If we took all the people who lived in that corridor, I think we would wind up with traffic in the vicinity of 1500 cars a day, because an average household makes 8 to 9 trips per day. 5 L Before anyone leaves, we want you to fill in on the evaluation sheets some of your ideas on shifting the road. If we are going to carry this further we must go to the council and ask them for the go ahead to go out and do the survey so we can develop some very preliminary layouts and then come back at a second meeting and show those preliminary layouts to you and get your ideas. We need to get more information on what is happening on T.H. 252 and Humboldt Avenue. Another thing I would like you to put on the evaluation sheet is how important parking on the street is to you. Q. We have a park and ride where people get on the bus and we did have parking on the side street but it got so bad the bus picking up the kids couldn't even turn because they couldn't get around the people who were parking there. We park on the street to slow the cars down but I don't think it's a real feasible thing to have because of the amount of cars involved. Q. You say that putting this road in is going to increase the value of my home - how is this going to increase the value of my home when on my tax statements for the last couple of years the value of my house has gone down and our taxes continue to go up but my home is not increasing in value. Sy In answer to your question about what does the improvement do towards the value of your house - were hoping that it's looked at as a benefit and the value of your property would go up. That would result in some increase in taxes you pay because the value of your house is up. Q. I would agree with the value of the house going up if we were back a block or up a block but not on the main drag. Sy That's something that is difficult to evaluate until you look at the whole proposal. And that's why we think it is important to get an independent appaiser's opinion regarding benefits. Q. What was the reasoning to jog 69th over to 70th - was that to decrease the amount of traffic on 69th? Sy Yes. There we had an opportunity to do that. What we were trying to do was to eliminate traffic getting off on 69th Ave. and shooting all the way across on 69th to Brooklyn Blvd ... and it appears we've been quite successful in doing so. Q. When we built our house we called the city to find out what kind of plans they had for 73rd. Th - °re had been talk of T.H. 252 going in and they told us at that time T.H. 252 we i be going in where Lyndale was and 73rd would be a limited access road. What a limited access road? Sy I'm not sure who told you that - T.H. 252 is a limited access road - access is limited to 73rd, 70th, 66th, Brookdale Drive, 85th and so on. I can't imagine that anyone would have told you that 73rd was a limited access road. It just doesn't fit that description. Q. 73rd is the only road all the way down through that stretch that has even flow with Humboldt Ave. right now. And that's why we're getting mad. They won't take 65th 6 because of the lights; they won't take 70th because of the jog in there; and they won't go past 73rd because of the backed up traffic. Sy I doubt very much if we traced ever car on 73rd Ave. that you would find very few that double back to 69th Avenue. Q. No, they all go north when they come up to Humboldt. Sy It's not the fact that we made the connection from 69th to 70th that's causing the traffic on 73rd. Q. They take 73rd because there is never any police officers out there. Q. That's because we are on the borderline and they won't patrol it. Brooklyn Park don't want to do it and Brooklyn Center don't want to do it. Q. It's because of the speed they can travel on 73rd. Q. The cut thru traffic is beating up the street - yet we have to pay for it. Q. What's the likelihood of MNDOT putting in that 3rd lane. Sy I didn't know about it until couple of weeks ago when we talked to Brooklyn Park. I have to verify that and we will have that information for you in late November if we have another meeting. Q. You have a stop sign on Dupont - I go out and get my mail between 4 and 6 p.m. and it's dangerous for anyone to go across that street because they're going faster than 30 mph. Why can't we get a lot more stop signs to slow down traffic? Sy Stop signs they might slow the traffic down within one -half block each way of the stop sign, but with a modern car anyone can be back up to 45 to 50 mph within half a block - so stop signs are not an effective way of reducing speed. Q. How did you come to choose 73rd? Sy The condition of the street is not good. Q. In comparison to Brooklyn Center's 100 miles - 73rd is number 6. Sy I'm not saying it's number 6 but I would say it is in the bottom 20 %. The other reason we chose 73rd is because it does have the traffic and we need to deal with that. We're hoping to convince you over a serious of meetings that we can do a better job of dealing with the traffic by doing an improvement than by trying to live with the street we have out there now. The third reason is because we need to build a sidewalk. There is a very strong need to build a sidewalk on 73rd for pedestrians. It appears the only way we are going to get a sidewalk built is to do a street improvement at the same time as a sidewalk. Q. If we cut the traffic down, why improve the street. Let the street stay as it is. You haven't televised your sewer lines - so you don't know whether they're good or bad. The water lines are o.k. We never have flooding on 73rd and I have a catch basin right outside my house. We don't have water sitting on 73rd and we don't have 7 sewer problems and only one water main break on Camden and 73rd. I can't see Brooklyn Center saying 73rd needs repair. S Regarding Sy egar d g the utilities we absolutely agree with you that is not the reason to do the job. The only reason we mention the utilities is if we are going to consider doing the street then we need to see what's under the street before we do it so that if there is something needed we can do it then. Remember - you don't pay for utilities anyway. Q. I think Brooklyn Center should look at the way they evaluate their streets. I know you have streets that need upgrading in their sewer systems and their water because they're having problems. Do those streets. Diane The reason why we are doing street improvements, and we want to do every street in Brooklyn Center over the next 20 years, is because we are now were spending $600,000 a year maintaining our streets. That $600,000 is going to increase every year. Q. I realize that. How much of that percentage are you putting on 73rd? Sy Just as much as were putting on every other street. Diane We are trying to prioritize streets - every street in Brooklyn Center needs to be done over the next 20 years. We are trying to balance those streets which are desperately in need of replacing with those that we know have utility problems which need to be done so that every year we are doing a little of each of them. We have a big section over on the NW part of the city which has very severe drainage problems and very bad streets. Humboldt and 73rd have different kinds of problems. We are trying to attack several of these problems at one time. Q. I think Brooklyn Center is getting the bad end of this deal. They have always maintained 73rd. Look at what they are doing to that street - why us, let someone else pay for that street. Let Brooklyn Park pay for it. Diane If the improvement is made, Brooklyn Park will pay for half the costs. Q. I think if we widen 73rd we are going to increase our traffic problem not decrease it. Sy One of the options is to cut it down to 26' instead of 30'. Diane Another option is to meander the road like we did on West River Road. If you meander the road you get more of a feeling that it's a residential road and it does have the effect of slowing cars down. Q. Did you hire someone to come out and look at your city roads to decide this? Mark The city is beginning to use a Pavement Management Program (PMP) where we have gone around and collected information for every foot of every street in the city. This information has been collected for the purpose of trying to figure out what the best maintenance strategy is appropriate to use. Streets do not last forever. The idea of 8 PMP is to get out there and spend your money at the right time and the right place to make sure you're doing it the most cost effective way. Pavement on 73rd, compared to all the other streets, is sufficiently bad enough to think about rebuilding it. Q. I understand that, but what I'm saying is I can't believe 73rd is that high of a priority. I can't believe it's number 6 in the city. Q. I think what it is is selective maintenance - they came out and repaired two or three holes that were made when the water main broke last year and left the rest of them. I think that's selective maintenance. Mark It is very expensive to patch streets - we have a limited amount of dollars available to us to patch streets. Diane You may see it as selective maintenance, what they are seeing it as is prioritizing. They are fixing not only the street in front of your house but 100 miles of streets. Q. I think officials should get together with Brooklyn Park and prove to them what's happening and let them pay for it. Brooklyn Park should be responsible. Sy That's not going to happen because as I said before Minneapolis doesn't ask us to pay for the streets that Brooklyn Center residents drive on. It just doesn't work that way. Q. Will widening the street and curbing be additional to the $1550? Sy No the $1550 is for the street improvement - that's the maximum that you would have to pay. I think what we would like to do is look at this some more so we can keep talking about it. I hear you saying that there are problems. I think that if we continue discussion on it, we will have a better chance on arriving at some kind of agreement. If we don't keep going on it, I can guarantee you that nothing is going to change and you will continue to have the situation that there is now. In the final event if we went through the building block process after 3 meetings, then it would still be up to the citizens to sign petitions yes or no for the project. Are there are any issues we haven't talked about - if not, then we will report this to the council and if we go ahead with the building block, we will let you know. 9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING DEVELOPMENT OF FEASIBILITY STUDY FOR 73RD AVENUE NORTH IMPROVEMENTS WHEREAS, the average age of residential streets in the City of Brooklyn Center is in excess of 30 years, and the Director of Public Works has advised the City Council that, because of normal deterioration, the annual costs for maintaining those streets are rising rapidly; and WHEREAS, development of a plan for street improvements must be based on reliable needs evaluation and cost estimates, citizen participation to assure citizen understanding and support, evaluation of alternative design concepts, consideration of costs v. benefits for property owners and for the City, and an overall feasibility evaluation; and WHEREAS, the City Council on July 26, 1993 approved a "Building Block" process detailing a step -by -step process for considering improvement projects. Said process requires that an initial public meeting be held to inform residents of basic information regarding possible improvements in their neighborhood, and that approval of the residents must be granted prior to further consideration of possible improvements; and WHEREAS, City staff has met with residents in the 73rd Avenue neighborhood where improvements are being considered, and those residents have no objections to further consideration of improvements; and WHEREAS, the City reasonably expects to expend moneys from the Capital Improvements Fund, MSA Construction Fund, the Public Utilities Funds, or the Special Assessment Construction Fund, on a temporary basis to pay the expenditures described in this resolution; and WHEREAS, the City reasonably expects to reimburse itself for such expenditures from the proceeds of taxable or tax - exempt bonds, the debt service for which is expected to be paid from property taxes, special assessments, or utility fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. Improvement Project Nos. 1994 -07, Street Improvements, 73rd Avenue North, from Humboldt Avenue to T.H. 252, and 1994 -08, Utility Improvements, 73rd Avenue North, from Humboldt Avenue to T.H. 252 are hereby established. Resolution No. 2. City staff is hereby authorized and directed to assemble and develop such information as may be necessary to develop a reliable needs evaluation and costs estimates, financing options, and preliminary feasibility reports for the above established project. 3. Staff is hereby authorized and directed to conduct additional informational meetings as necessary in each of the above described neighborhoods to present the findings of the preliminary reports. 4. Staff is hereby directed to report the results of said informational meetings to the City Council for further consideration of possible improvement projects. 5. This resolution is intended to constitute official intent to issue taxable or tax exempt reimbursement bonds for purposes of Treasury Regulation 1.103 -17 and any successor law, regulation or ruling. This resolution shall be modified to the extent required or permitted by Treasury Regulation 1.103 -17, or any successor law, regulation or ruling. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING SOLICITATION OF PROPOSALS TO CONDUCT A TOPOGRAPHIC SURVEY OF 73RD AVENUE NORTH WHEREAS, the City of Brooklyn Center has initiated the development of a preliminary feasibility study for a proposed street improvement program; and WHEREAS, the City Engineer has recommended that the City obtain detailed topographic information in a format which will be useful to both cities of Brooklyn Center and Brooklyn Park in their efforts to evaluate various design options for the segment of 73rd Avenue between Humboldt Avenue and T.H. 252; and WHEREAS, the respective staffs of Brooklyn Center and Brooklyn Park have agreed upon the scope of such work, and jointly developed a Request for Proposal for the proposed topographical survey; and WHEREAS, the City Engineer has preliminary estimated the value of such a survey as being between $5,000 and $7,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The Request for Proposal prepared by the City Engineer is hereby approved. 2. City staff is hereby authorized to solicit proposals from qualified land surveying firms who regularly work in the area. 3. All costs relating to the proposed topographical survey shall be charged to the Municipal State Aid Street Fund No. 2911. 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. /ab Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO PROVIDE GEOTECHNICAL SERVICES RELATING TO THE PROPOSED 1994 STREET IMPROVEMENT PROGRAM WHEREAS, the City Engineer has reported to the City Council of the need for geotechnical services relating to the development of preliminary feasibility studies for the proposed 1994 Street Improvement Program; and WHEREAS, the City does not possess the personnel nor the equipment necessary to provide such geotechnical services; and WHEREAS, proposals for the necessary geotechnical services were received, opened, and tabulated by the City Engineer, on the 6th day of October, 1993, and said proposals were as follows: Bidder Bid American Engineering Testing $7,900 STS Consultants, Ltd. $8,125 WHEREAS, it appears that American Engineering Testing of St. Paul, 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. The proposal as submitted by American Engineering Testing of St. Paul, Minnesota is hereby accepted and the City Manager is hereby authorized and directed to enter into a contract, in the amount of $7,900, with American Engineering Testing in the name of the City of Brooklyn Center, for the proposed 1994 Street Improvement Program. 2. All costs relating to this project shall be charged to the Municipal State Aid Street Fund No. 2911. Date Todd Paulson, Mayor ATTEST: Deputy Clerk RESOLUTION NO. The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 10/12/93 Agenda Item Number / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: STATUS REPORT RE: RATES AND POLICIES FOR PUBLIC UTILITIES DEPT. APPROVAL• Sy Knapp, D ctor of lic Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attac ed SUMMARY EXPLANATION: (supplemental sheets attached YES ) The City Council annually reviews water, sanitary sewer, and storm drainage • utility rates to ensure that the utilities' financial goals are met. Attached to this item is the 1994 rate review. The rates of each of the three utilities are reviewed in individual papers. A fourth paper addresses the water and sanitary sewer hookup charges. The Council in 1992 reviewed rates and established rate increases for both 1993 and 1994. It is my recommendation that the Council reaffirm the already- adopted 1994 rate increases. These rate increases are necessary for a number of reasons. Although utility staff strive to operate and maintain the utility systems as efficiently as possible, the cost of materials such as water treatment chemicals continues to rise, as does the cost of electricity used to power well and lift station pumps and natural gas to heat well houses. • A program of capital projects intended to increase capacity or maintain the integrity of the systems continues to draw down cash reserves. These capital outlays are projected to be of such magnitude over the next two to four years that rate increases can only be held to a reasonable level through consideration of issuing general obligation (GO) revenue bonds to "even out" capital expenditures. • A policy change was recommended by the City's auditor, and approved by the Council two years ago. This change phases out the long standing policy of subsidizing rates by using some interest earnings to pay operating costs. • This phase out won't be complete until 1996, when rates will fully fund operating costs. Until that time, rates will continue to rise a little faster than expected. If the recommended rates are adopted the annual utility bill of the average residential customer would increase about 9 percent, or roughly $24.50. The annual bill of the average senior customer would increase about 6 percent, or • about $8.60. Table 1 AVERAGE ANNUAL UTILITY COSTS, TYPICAL RESIDENTIAL CUSTOMERS 1993 RATES COMPARED TO RECOMMENDED 1994 RATES Residential Senior 1993 1994 1993 1994 Water $ 93.44 $104.96 $28.00 $28.00 Sanitary Sewer 160.00 170.00 88.00 93.60 Storm Drainage 24.50 27.00 42.00 27.00 TOTAL $277.44 $301.96 $140.00 $148.60 Percent Increase 8.8% 6.1% RECOMMENDED CITY COUNCIL ACTION • Water Utility Resolution 92 -256 increased the rates from $0.73 per 1000 gallons in 1993 to $0.82 in 1994. This rate increase is adequate to fund operating costs, and I recommend that the Council reaffirm this rate. On the schedule of fees and charges, I recommend that the special assessment certification fee be increased to $30, to be consistent with the fee charged for diseased tree removal and weed destruction charges. A resolution establishing the 1994 water utility rate schedule is provided for Council consideration. Sanitary Sewer Utility Resolution 92 -257 increased the residential quarterly rate from $40.00 is 1993 to $42.50 in 1994, and the non - residential rate from $1.60 per 1000 gallons to $1.70 per 1000 gallons. These rates are sufficient to meet utility financial goals only if the Council considers issuing GO revenue bonds to finance the major capital outlays expected in the next few years. I recommend that the Council consider: 1) Reaffirming the 1994 rate; 2) As above, increasing the special assessment fee to $30; and 3) Directing staff to, at'such time as the lift station #1 and Garden City • trunkline projects are initiated, prepare a financing plan for said improvements utilizing GO revenue bonds. A resolution establishing the 1994 sanitary sewer utility rate schedule is provided for Council consideration. I Storm Drainage Utility Resolution 92 -258 increased the residential quarterly rate from $6 per lot to $6.75 per lot and the base rate from $24 per REF acre to $27 per REF acre. These rates are sufficient to meet utility financial goals only if the Council considers issuing GO revenue bonds to finance the major capital outlays expected in the next few years. I recommend that the Council consider: 1) Reaffirming the 1994 rates; and 2) Directing staff to prepare a financing plan for the Gateway pond and park and proposed Brookdale pond projects utilizing GO revenue bonds. A resolution establishing the 1994 storm drainage utility rate schedule is provided for Council consideration. Utility Hookup Charges These charges are increased annually based on inflation. I recommend increasing charges 3.7 percent, based on the increase in the CPI from July 1992 to July 1993. A resolution establishing 1994 utility hookup charges in included for Council consideration. • • . BROOKLYN CENTER WATER UTILITY 1994 RATE REVIEW BACKGROUND The City Council on November 9, 1992 adopted Resolution 92 -256, which established water rates for 1993 and 1994. The Council annually reviews established rates for their adequacy and makes adjustments as necessary. In 1992, the Council approved a policy change regarding the use of interest earnings to subsidize rates. Previously, one half of interest earnings were used to offset operating costs; starting in 1992, this subsidy is being phased out 20 percent per year. WATER UTILITY FINANCIAL PERFORMANCE, 1992 AND 1993 The water utility's financial performance in 1992 was about as expected: projected income (operating revenues minus operating expenditures) was about $34,667 while actual income was about $43,800. The difference is due mainly to greater than expected miscellaneous revenues (penalties, hookup charges, etc.) It is estimated that because of the wet summer, revenues in 1993 will be about $100,000 less than projected. While it is estimated that operating costs will be down about $60,000, the net impact is an expected operating loss of about $26,000. Costs are estimated to be lower in 1993 because: 1) the reduction in the demand for water reduces the cost - electricity, chemicals, etc. - of producing water; and 2) a vacant Maintenance 1I position in the water /sanitary sewer utilities, created when that person was promoted to Public Utilities Supervisor, has not been refilled. The impact of this vacancy is being evaluated, given the elimination of annual residential meter reading by utilities staff. CAPITAL OUTLAYS The major capital improvement projects of the past year have been the completion of water main improvements associated with the 69th Avenue street project, and some minor improvements at two other locations. RATE REVIEW, 1993 AND 1994 PROJECTED EXPENSES Personnel and utility expenses are projected to increase at three percent per year, while other operating expenses are projected to increase five percent per year. A new expense for 1994 is vehicle operations cost. In previous years, the General Fund subsidized the operation and maintenance of utility -owned vehicles. In 1993, a reimbursement for fuel use was added to the General Fund budget. The cost shown on the rate - setting schedules is an estimate of both the vehicle operations (fuel and maintenance) and rental (depreciation, insurance, license, etc.) costs generated by the vehicles considered to be assets of the water utility. • Table 1 on the following page details the program of capital improvements outlined in the Capital Improvements Program. RATE SETTING CONSIDERATIONS The schedule at the end of this report labeled Option 1 shows the projected effect of the existing rate schedule. No rates for 1995 or 1996 have been officially established, so the schedule shows the rates continuing at even increases. This option meets all utility financial requirements; no other options have been identified for consideration RECOMMENDATION To preserve flexibility and to provide for a revenue cushion should 1994 also be a wet year, it is recommended that the Council adopt the rates shown on Option 1, the rates approved last year. This would result in an increase in rates in 1994 from $0.73 per 1000 gallons to $0.82 per 1000 gallons. IMPACT OF RECOMMENDED RATE INCREASE Table 2 below illustrates the impact the recommended rate increase would have on the summer water bills of various types of customers. The summer bill is typically the highest bill of the year. TABLE 2 IMPACT OF RECOMMENDED WATER BASE RATE INCREASE SUMMER WATER BILLS OF VARIOUS CUSTOMERS Type of Customer 1993 1994 Charge Charge RESIDENTIAL Low Use (Minimum) $7.00 $7.00 Average Use (38) 28.08 31.16 High Use (116) 81.36 95.12 Apartment, 36 Units (630) 453.60 516.60 COMMERCIAL Car Dealership (235) $169.20 $192.70 Heavy Commercial Use (864) 622.08 708.48 TABLE 1 - Capital Improvement Program - Detail of Capital Outlays Water Utility 05- Oct -93 x'993 1999 '995 X996 '[997 X998 X999 -2{�Q3 EXPENDITURES: WATER DISTRIBUTION SYSTEM 69th Ave, Brook Blvd to Shingle Creek Pkwy 350,000 69th Avenue, Shingle Creek Pkwy to Oliver 150,000 0 69th Avenue, Oliver to Dupont 150,000 Neighborhood Street Improvements 50,000 100,000 100,000 140,000 100,000 120,000 750,000 WATER SUPPLY SYSTEM 2 MG Reservoir & Pumping Station 3,300,000 Construct Well #11 1,000,000 MISCELLANEOUS PROJECTS New Electric Controls at Wells 5, 6, 7 90,000 0 1694 & Dupont (South) 24" steel main 60,000 0 Emergency tie -in to Brooklyn Park 225,000 0 WATER TOWERS Paint Tower #1 166,000 Paint Tower #2 150,000 0 Paint Tower #3 158,000 0 Landscape Tower #1 10,000 'CELLANEOUS 0 Routine Well Maintenance 50,000 50,000 50,000 50,000 55,000 55,000 275,000 Cathodic Protection 25,000 25,000 25,000 25,000 25,000 125,000 SCADA Hardware & Software Update 20,000 0 SCADA Replacement 125,000 FACILITIES AND EQUIPMENT City Garage Remodelling 250,000 112,500 Central Garage: Unfunded Depreciation 40,420 Computer Equipment 13,000 10,000 Emergency Utility Van 30,000 Drill Rig 25,000 STREET IMPROVEMENT PROJECTS Humboldt Avenue, 69th to 73rd 31,000 73rd, Humboldt to Camden 15,500 57th, Logan to Lyndale 50,000 State Aid Street Projects 45,000 31,000 145,000 22,000 92,000 TOTAL EXPENDITURES 1 $450,0001 $701,9201 $615,0001 $529,5001$560,0001$222,0001 $5,983,000 i Table 4 is a summary of 1994 water rates per 1000 gallons for a number of Metro area cities. Brooklyn Center continues to have one of the lower rates in the area. TABLE 4 1994 WATER RATES OF VARIOUS METRO AREA CITIES CITY PER CITY PER 1000 G 1000 G Minneapolis $1.66 Minnetonka $0.90 Bloomington 1.45 Anoka 0.84 Robbinsdale 1.337 Brooklyn Park 0.75 Richfield 1.30 Plymouth 0.75 Crystal 1.34 BROOKLYN 0.82 CENTER Golden Valley* 1.25 Fridley 0.60 . Maple Grove 0.90 Blaine 0.55 *Considering a 15% increase. OTHER FEES AND CHARGES The water utility rate schedule contains a number of fees and charges in addition to rates for service. The following list describes each fee or charge and its current level; one is recommended for change. FEES A. 5/8" x 3/4" WATER METER Property owners are currently charged $50.00 for a water meter when a water account is opened with the City. The City then buys the water meter from the property owner when the water account is closed, and the new owner is then charged for the water meter when the new account is opened. Since most of the water meters in the City are of this size, it is administratively convenient to charge the same fee to all accounts. • B. 3/4" OR LARGER WATER METER Property owners requiring water meters larger than the standard residential water meter are charged the cost of the meter plus a $2.00 administrative fee. Since there are far fewer of the larger meters, it is not as difficult to administer the buy -back of the water meters. C. FIRE PROTECTION INSPECTION Property owners with fire sprinkler systems are charged an annual fire inspection fee of $50.00 to test the fire sprinkler system. D. PRIVATE FIRE HYDRANT MAINTENANCE Property owners who have privately owned fire hydrants located on their property are billed the cost of labor, materials, equipment and overhead whenever the City performs maintenance of their fire hydrants. CHARGES A. DELINQUENT ACCOUNT CHARGE The present delinquent account charge is $3.00 or 10 percent of the utility bill, whichever is greater. It applies to the bill as a whole. B. CERTIFICATION TO TAXES The special assessment service charge for delinquent accounts recovers the cost of certification with the County Auditor of the delinquent amounts to taxes. The charge is $25 and applies to the bill as a whole. The Council last year approved increasing the certification fee for diseased tree and weed destruction accounts to $30, to reflect increases in publishing charges, certified postage, etc. It is recommended that to maintain consistency, this service charge also be increased to $30. C. RESTORATION OF SERVICE - MONDAY TO FRIDAY, EXCEPT HOLIDAYS, BETWEEN THE HOURS OF 7:30 A.M. TO 3:00 P.M. The restoration of service charge during working hours is $25.00, and includes the cost of one hour labor, labor additive, and vehicle rental. It is charged in all instances where a customer's water has been turned off, whether by a customer's request or for non - payment of utility bills. D. RESTORATION OF SERVICE - ANYTIME SATURDAYS, SUNDAYS AND HOLIDAYS AND BETWEEN THE HOURS OF 3:00 P.M. AND 7:30 P.M. ON MONDAY THROUGH FRIDAY EXCEPT HOLIDAYS Restoration of service during off hours is much more expensive because Public Utility employees are called backk to work for a minimum of two hours at overtime pay. The restoration of service charge is $75.00 during these hours. E. DELINQUENT METER READING The delinquent meter reading charge is designed to motivate water customers into reading their own meter and forwarding the meter reading card to the City for billing. The current charge is: $2.00 the first and second consecutive time a reading card is not returned. The charge increases to $5.00 the third time, and to $10 the fourth time. After four quarters, the customer must either submit a reading card or schedule a meter reading, or face water shutoff. F. WATER HOOKUP CHARGE Properties that have never been assessed, or not fully assessed for water are charged a hookup charge when water hookup is requested. The charge is intended to cover the cost of the lateral water main, supply, and trunk capital investment in the water system. It is calculated on a per lot basis for single family residential and on a linear foot plus square foot basis for all other properties. It is established annually by resolution. G. HYDRANT METER CHARGES The hydrant meter charges are for meters that attach to fire hydrants used as a temporary water connection, usually for construction projects. The City has two sizes of hydrant meters, 5/8" x 3/4" and 2 /z ". The charges for the smaller meter include $100.00 deposit, $1.00 per day rental, $20.00 minimum charge, and the cost of the water used at the prevailing water rate. The per charges for the larger meter include $700.00 deposit, $7.00 g g P P day rental or $100.00 per month rental, $35.00 minimum charge and the cost of water used at the prevailing water rate. H. CURB STOP STAND PIPE REPAIR City crews are called on to repair curb stop stand pipes for private properties due to damage or settling. In cases where the curb stop stand pipe is bent or otherwise damaged, a substantial amount of time can be involved in repair. A standard charge of $40.00 is charged for each curb stop stand pipe repair. e Aeng \pubutil \rates \watrat94 WATEAJTILITY RATE STUDY: 1994 ' PPTION 1 : Current rates P U B UTI L \watrat94: dfs 06- Oct -93 t99 14 99 EXPENDITURES 1) Operations Personal Service 348,313 315,000 350,000 360,500 371,315 382,454 393,928 Contractual 173,799 160,000 164,800 169,744 174,836 180,081 185,484 Supplies & Materials 105,388 70,000 90,000 92,700 95,481 98,345 101,296 Heat, Light & Power 134,905 131,000 137,550 144,428 151,649 159,231 167,193 Interest on Debt 1,855 0 0 0 0 0 0 Vehicle Operating Costs 39,414 43,218 44,351 43,449 42,311 State Connection Surcharge 0 69,150 46,100 46,100 46,100 46,000 46,000 Depreciation Expense 233,447 267,000 297,000 304,000 298,000 316,000 317,000 TOTAL EXPENDITURES $997,707 $1,012,150 $1,124,864 $1,160,690 $1,181,732 $1,225, $1,253,212 REVENUES 2) Billing Revenues $843,697 $834,390 $1,045,500 1,096,500 1,147,500 1,198,500 1,236,750 Water in MGAL 1,320,000 1,143,000 1,275,000 1,275,000 1,275,000 1,275,000 1,275,000 RATE PER GAL `::.::.. . .....; 0 fi4 . >:: >:::::>:::: �.7 (182: ©.....:: b,90 0.94 0.9? .... ... 3) Miscellaneous Operating 53,160 60,000 60,000 60,000 60,000 60,000 60,000 4) Miscellaneous Non - operating 30,050 15,000 10,000 10,000 10,000 10,000 10,000 5) 1/2 Interest Earnings (Phased Out By 1996) 114,600 76,979 46,362 22,269 0 0 0 TOTAL REVENUES $1,041,507 $986,369 $1,161,862 $1,188,769 $1,217,500 $1,268,500 $1,306,750 �a .::................ .. . :: . R E TECI IC�t tIl1E . R L. < < : ;: �# 7 ....: <> yM ; :: >: n 7: � ' y : `: ";:> +� :.. a �` .. tI : Q 0�7 .::: : .:........:.... � ...;::.::::: `Y .. �::.; .� ;;;;;; $3 ,99 :::::::;;:..:... `F' yV .;.+,.�,.;.:;::.:. M? y t ... �1:4����A ,.. ,*Y��j��� 1. 6 1/2 Interest Earnings 100% B 1996 171,901 179,618 185,449 200,419 218,563 219,704 220,637 N IE.T N .ME L 2 7 6 +� : ? .....:;::2 4 4 2 21 0 .' $274 17 x!997 19.9.8 x X EFFECT ON CASH & INVESTMENTS: 7) Start of Year Cash & Inv $4,450,204 $4,665,394 $4,636,231 $4,453,758 $4,371,257 $4,394,087 $4,412,730 8) Capital Outlay (188,958) (450,000) (701,920) (615,000) (529,500) (560,000) (222,000) 9) Net Income or Loss 215,701 153,837 222,448 228,498 254,331 262,643 274,175 10) Bond Debt Retired (45,000) 11) Depeciation Add -back 233,447 267,000 297,000 304,000 298,000 316,000 317,000 :::: t'It1 :o> 1t s & ..... ..:.:..::: : :.. :.::. 5 $..<.. .. �.;;;:.: , X87 4 2 7 4 $4: 1 90 ..... ............:::.:..:.:.::...... 3 .......� ............... ..i... #.. .... i ... .... . ..f.. �. . l..... f .... ....... J. ...., Restricted Inv 3,700,000 3,700,000 3,700,000 3,700,000 3,700,000 3,700,000 3,700,000 Unrestricted Inv 965,394 936,231 753,758 671,257 694,087 712,730 1,081,905 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE WATER UTILITY RATE SCHEDULE WHEREAS, a municipal Public Utilities Division exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Division be a self - sustaining entity through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule "; and WHEREAS, the City Council finds and determines that it is necessary to restrict $3.7 million of reserved investments within the Public Utilities Fund for the purpose of partial payment of the cost of constructing a water treatment facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following Water Utility Rate Schedule be adopted with the first increase effective for all billings issued after January 1, 1994 and successive increases effective for all billings issued after January 1, 1995. WATER UTILITY RATE SCHEDULE 1. WATER RATES BASE RATE AMOUNT PER YEAR 1.000 GALLONS 1993 $0.73 1994 Proposed $0.82 1995 Proposed $0.86 RESOLUTION N0, QUARTERLY MINIMUM RATE 1993 QUARTERLY 1994 METER SIZE MINIMUM CHARGE CHARGE 5/8" X 3/4" $ 7 Same 3/4" $ 11 it 1 $ 14 to 1 1/2" $ 18 it 2 $ 35 it 3" $ 70 It 4 $119 it 6" $273 " 8 $ 515 " 10" $686 " 2. FEES PRESENT PROPOSED Water Meters 5/8" x 3/4" $40.00 Same 3/4" or larger Cost Plus $2.00 Same Fire Protection Inspection $50.00 Same Private Fire Hydrant Maintenance Labor, Materials Same Equipment and Overhead 3. CHARGES PRESENT PROPOSED Delinquent Account Greater of Quarterly $3.00 or 10% Same Certification to Taxes Per Account $25.00 Same Restoration of Service Monday to Friday Except Holidays Between the Hours of 7:30 A.M. and 3:00 P.M. $25.00 $30 Restoration of Service Anytime Saturday, Sunday and Holidays and Between the Hours of 3:00 P.M. and 7:30 A.M. on Monday Through Friday Except Holidays $75.00 Same RESOLUTION N0, 3. CHARGES (continued) PRESENT PROPOSED Delinquent Meter Reading $2.00 lst & 2nd qtr. Same Per Account $5.00 3rd quarter $10.00 4th quarter (consecutive) Curb Stop Stand Pipe Repair $ 40.00 Same Hydrant Meters 5/8" x 3/4" Deposit $100.00 Same Daily Rental $ 1.00 Same Minimum Rental $ 20.00 Same 2 1/2" Deposit $700.00 Same Daily Rental $ 7.00 Same Monthly Rental $100.00 Same Minimum Rental $ 35.00 Same 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. • BROOKLYN CENTER SANITARY SEWER UTILITY 1994 RATE REVIEW BACKGROUND The City Council on November 9, 1992 adopted Resolution 92 -257, which established sanitary sewer rates for 1993 and 1994. The Council annually reviews established rates for their adequacy and makes adjustments as necessary. In 1992, the Council approved a policy change regarding the use of interest earnings to subsidize rates. Previously, one half of interest earnings were used to offset operating costs; starting in 1992, this subsidy is being phased out 20 percent per year. SANITARY SEWER UTILITY FINANCIAL PERFORMANCE, 1992 AND 1993 The sanitary sewer utility's financial performance in 1992 was better than expected, due to an underestimation of billing revenues. The estimated revenue in 1992 did not take into full account the fees collected from the pump out of the Joslyn site. • Operating costs in 1993 are expected to be slightly less than anticipated, due mainly to decreased personnel costs. A vacant Maintenance II position was created when the current Public Utilities Supervisor was promoted to that position. That position has not been refilled pending a review of the impact of the elimination of annual residential meter reading on utility staff's workload. That analysis has not yet been conducted, and this rate study assumes that the position remains vacant in 1994. CAPITAL OUTLAYS Substantial outlays were made in 1992 and 1993 for the completion of Lift Station #2, for the repair of two segments of CMP trunk sewers, and for the sanitary main improvements associated with the 69th Avenue street improvement project. Spot repairs in the Southeast neighborhood were conducted in 1993. REVIEW OF ESTABLISHED RATE INCREASES, 1994 AND 1995 PROJECTED EXPENSES Personnel and utility expenses are projected to increase at three percent per year, while other operating expenses are projected to increase five percent per year. The MWCC charge for 1994 is estimated to increase at five percent. Table 1 on the following page details the program of capital improvements outlined in the Capital Improvements Program. TABLE 1 Capital Improvement i9bgram - Detail of Capital Outlays Sanitary Sewer Utility ..... ..... . .... ...... .... 9 9 1 f 93: ... ........ 06-Oct-93 EXPENDITURES: LIFT STATIONS Replace Lift #2 36,700 Replace Lift #1 and Forcemain 100,000 500,000 600,000 0 Replace Lift #s 10 & 11 100,000 120,000 SEWER REPLACEMENT: 69th Ave, Brook Blvd to Shingle Creek Pk 400,000 Southeast Neighborhood 12,350 53rd Avenue (By Brookdale 10 Apts) 32,000 0 Trunk line, 69th Avenue to Lift Station #1 500,000 500,000 0 Neighborhood Street Improvements 200,000 200,000 280,000 200,000 240,000 1,250,000 MISCELLANEOUS Annual Televising Program 8,000 9,000 9,000 9,000 10,000 50,000 1/1 Remediation Program 20,000 20,000 20,000 20,000 20,000 100,000 INTRAC Replacement 125,000 FACILITIES AND EQUIPMENT City Garage Remodelling 250,000 112,500 Central Garage: Unfunded Depreciation 92,570 Computer Equipment 13,000 10,000 Truck mounted vactor (1 /2 total cost) 67,500 STREET IMPROVEMENT PROJECTS Humboldt Avenue, 69th to 73rd 2,000 73rd, Humboldt to Camden 1,000 57th, Logan to Lyndale 4,000 State Aid Street Projects 3,000 2,000 14,000 2,000 98,000 TOTAL EXPENDITURES 1$449,0501$1,273,0701$1,236,0001$1,036,5001$353,0001$272,00 $1,645,000 At this point the important unanswered question is the impact of inflow and infiltration from sump pumps, leaking sewer mains and services and other sources due to the very wet spring and summer. Utility staff know the lift stations have been pumping more this year than previous. When MWCC calculates the final flow figures for 1993, it is likely that the 1994 MWCC charge will be increased to cover that additional pumping due to I & I. RATE SETTING CONSIDERATIONS The schedule at the end of this report labelled Option 1 shows the projected effect of the existing rate schedule. No rates for 1996 or 1997 have been officially established, so the schedule shows the rates continuing at even increases. The most important consideration regarding the sanitary sewer rates is the need for capital improvements. The sanitary sewer fund has financed several major capital improvements in the past few years, and several major projects are contemplated for the coming few years. Each of these projects are necessary improvements. While in preparing a capital improvement program they may be moved from one year to another, these major projects must be undertaken in order to maintain the integrity of the system. Among these improvements are the reconstruction or replacement of another aging lift station and replacement of considerable sections of corrugated metal sewer main. This main is of the same type as that that collapsed near lift station #1 and which was recently replaced under I94/694 and near Brookdale Shopping Center. As Option 1 indicates, existing rate increases are more than adequate to meet operational financial • goals if operations were the only consideration. However, with the very large capital outlays expected in the next few years, such a strategy would result in capital reserves falling precariously low. Under Option 1, cash reserves fall to just under $1.2 million by 1996. Complicating the matter is that the two major capital improvement projects identified for the next two to four year period are very costly compared to the rest of the capital improvement program. As Table 1 indicates, an "average" year of capital improvements can range from $300,000 - $500,000. If rates were raised high enough to finance the improvements while monitoring cash reserves, then when capital outlays are "over the hump" the rates would generate much more revenue than could be justified. To even out capital expenditures over the next ten years, staff recommends that the Council consider selling General Obligatiion (GO) backed revenue bonds to finance the cost of these two projects. If bonds are sold, then the rate increase already scheduled for 1994 will be sufficient to fund operating costs and debt service, while maintaining a reasonable cash balance, as shown on the schedule labeled Option 2. RECOMMENDATION Given the policy discussion above, it is recommended that the Council reaffirm the rate schedule adopted in 1992, and direct staff to include a financing plan utilizing GO revenue bonds as a part of any consideration of the two $1 million projects proposed for consideration in 1994 -1996. This option would provide protection for the utility cash reserves. This would be about a 6 percent rate is increase. TABLE 2 SANITARY SEWER UTILITY BASE RATE SCHEDULE RATE- SETTING OPTIONS YEAR Option 1 & 2: Current Rates Residential Per 1000 Per Qtr. Gal 1993 (current) $40.00 $1.60 1994 42.50 1.70 1995 45.00 1.80 IMPACT C OF RECOMMENDED RATE INCREASE Table 3 below illustrates the impact the recommended rate increase would have on the summer . sanitary sewer bills of various types of customers. The summer bill is typically the highest of the four quarters. TABLE 3 IMPACT OF RECOMMENDED SANITARY SEWER BASE RATE INCREASE SUMMER QUARTERLY UTILITY BILLS OF VARIOUS CUSTOMERS Type of Customer 1993 Charge 1994 Charge RESIDENTIAL Senior $22.00 $23.40 Residential 40.00 42.50 Apartment, 36 Units 1,008.00 1,071.00 COMMERCIAL Car Dealership $376.00 $399.50 Heavy Commercial Use 1,382.40 1,468.80 Table 4 is a summary of 1993 or 1994 sanitary sewer rates per 1000 gallons for a number of Metro area cities. Brooklyn Center continues to have one of the lower rates in the area. TABLE 4 1993 QUARTERLY SANITARY SEWER CHARGES OF VARIOUS METRO AREA CITIES (CONVERTED TO QUARTERLY RATE WHERE NECESSARY) CITY PER CITY PER QUARTER QUARTER Hopkins $61.60 Blaine 33.00 Minneapolis 46.80 Crystal` 33.00 New Hope 44.50 Brooklyn Park 32.00 New Brighton 43.10 Richfield 30.80 Plymouth 42.38 Minnetonka 29.60 BROOKLYN 42.50 Bloomington 27.45 CENTER Fridley 41.15 Golden Valley' 24.00 Anoka 40.00 Robbinsdale" 23.60 In process of increasing for 1994 OTHER FEES AND CHARGES The sanitary sewer utility rate schedule contains a number of fees and charges in addition to rates for service. The following list describes each fee or charge and its current level and describes any recommended amendment. FEES The only fee for sanitary sewer service is the SAC (Service Availability Charge) unit charge, which is established by MWCC. This fee goes directly to MWCC. CHARGES A. DELINQUENT ACCOUNT CHARGE The present delinquent account charge is $3.00 or 10 percent of the utility bill. It applies to the bill as a whole. B. CERTIFICATION TO TAXES The special assessment service charge for delinquent accounts recovers the cost of certification with the County Auditor of the delinquent amounts to taxes. The charge is currently $25 and applies to the bill as a whole. The Council last year approved increasing the certification fee for diseased tree and weed destruction accounts to $30, to reflect increases in publishing charges, certified postage, etc. It is recommended that to maintain consistency, this service charge also be increased to $30. C. LINE CLEANING CHARGE I The line cleaning charge recovers the cost of cleaning City sanitary sewer lines due to misuse by the property owner. The most common infraction is grease build -up due to improper sewering of restaurant greases. The charge is actual labor, materials, equipment, and overhead. D. SANITARY SEWER HOOKUP CHARGE Properties that have never been assessed, or not fully assessed for sanitary sewer, are charged a hookup charge when water hookup is requested. The charge is intended to cover the cost of the lateral sanitary sewer main and is calculated on a linear foot basis. It is established annually by resolution. e:\eng\pubufi1\rates\sanrat94 SANITAW SEWER RATE STUDY: 1994 OP*N 1: Current Rates PUBUTIL:sewrat94/dfs ................... ............. .......................... ... 9 ......... ... .... ...... ........... ........ ": >< > .... .......... 05-Oct-93 EXPENDITURES 1) Operations Personal Service 199,990 192,000 197,760 203,693 209,804 216,098 222,581 Contractual Service 71,898 62,500 65,625 68,906 72,352 75,969 79,768 Supplies & Materials 12,995 13,200 13,860 14,553 15,281 16,045 16,847 Heat, Light, & Power 16,889 16,700 17,535 18,412 19,332 20,299 21,314 Vehicle Operating Costs 31,667 39,111 47,093 42,015 42,774 Depreciation Expense 194,879 126,000 133,000 149,000 163,000 207,000 213,000 Subtotal: City O&M Expense $496,651.00 $410,400.00 $459,447.00 $493,674.80 $526,861.13 $577,425.47 $596,283.04 MWCC Charges $1,411,582.00 $1,445,808.00 $1,503,640.32 $1,563,785.93 $1,626,337.37 $1,691,390.86 $1,759,046.50 TOTAL EXPENDITURES $1,908,233.00 $1,856,208.00 $1,963,087.32 $2,057,460.73 $2,153,198.50 $2,268,816.33 $2,355,329.54 REVENUES 2) Billing Revenues $1,920,796 $2,000,000 $2,216,555 $2,355,033 $2,494,086 $2,555,856 $2,590,388 Residential Accts 6,845 6,827 6,805 6,780 6,755 6,730 6,705 ..................... ............ .. . .......... ... ................. .......................................................................................... .. ...... .............. * ... * " *.*.:.:".,:":, :::: ' .... ... .......... . ................... ......................... ... ... . ........ 00 .." ............... ................... ...... ....... _9 ........ ....... ................... ................. ........... ........ - ....... ... ...... . ........... ...... ...... ........ .. ...... .............. ... .................... ............. ........... ..... .............. ............ ................... 4 N 5 .4500' Quia.M.Aiii . .Phar - g ­-...- 5 00 4 4 0,:: ..-m ........... 0� .......................... ...................... ........................ ... ........................... ........ ..... Senior Accts 1,625 1,650 1,675 1,700 1,725 1,750 1,775 .............. ......... _.__ ........ ... .... ... . . .... .... . ... . .. . d.75 . ... ... . . ..... . .. wr' 9" .: . ..... : . ... .... ::: .. .. . ..... ............ 4 . .......... .......... ............ ............ ........ . . ..... ............... ........... U :Q 191841 Chff, ..... . . 26 68 S26.95. . ........... ....... .. ......... . . .. ................. ........ ...... ... .. ... .............. ................................................ . . ... .... ............................. X X.: Apartment Accts 3,523 3,520 3,515 3,515 3,510 3,510 3,500 Quarterly Charge $25.03 $28.00 $29.75 $31.50 $33.25 $33.95 $34.30 Non-residential Water 320,786 285,000 285,000 290,700 296,500 302,400 308,400 ... ...... ... .......... ................. 0 .. ..................... ...... .. .... .. .. ...... $*! . ........ . ..................... ............. ............. ......... ... .... ......... .......... +'+ . - : . . ..... .... ...... .... ...... ... . .. .. ...... .. ....... ...... . .. . ........... .::::: . ........ . .. ... . ........ . .9. : .. ......... ................ ... ................. ......... 43 RATEREW 000 ..... ........ ........ ............. ......... ........ I ... ..... ...... . .. . ................................... ......... 3) Miscellaneous Operating 0 0 0 0 0 0 0 4) Miscellaneous Non-operating 560 1,000 1,000 1,000 1,000 1,000 1,000 5) Interest Earnings (Phased Out By 1996 88,619 49,580 30,467 11,567 TOTAL REVENUES 1 $2,009,975 $2,050,580 $2,248,021 $2,367,600 $2,495,086 $2,556,856 $2,59173 ..... ..... ........ ............. ..... ........ ... ........ L ........ :V ANCOMEDW 0S.S. 7.'+, 2 ........ ....... [PROJECTED _401" $ ......... . ....... ................... : .,­ ... +.....+.. ..... ........ ............... ......... ... ..... . ..... ... . . . ... ................................ ........ 6) Interest Earnings (100% By 1996) 132,928 115,686 121,867 104,103 82,032 95,285 114,271 .......... .............. ...... ..... ........................ ... ....................... .. .. ... .. ..... .... ........... ... ........... $3 ......... `249 ............ .............. ......... .... .. ............. ........... .......... .... ... 0, ...... .... ...... $406 0: .. ..... $ . ..... - W ORO .......... .0329 ....... ...... ................ . . .... . . . . ... . . ............. . . ....... ...... ........... .............. ........ . . ..... . ...... .......... . . ........ ..... .............. ......... .................. ........... .... ......................... ................. ......... EFFECT ON CASH & INVESTMENTS 7) Start of Year Cash & Inv $3,566,312 $3,060,463 $3,046,670 $2,313,401 $1,640,643 $1,191,063 $1,428,387 8) Capital Outlay (935,398) (449,850) (1,273,070) (1,236,000) (1,036,500) (353,000) (272,000) 9) Net Income or Loss 234,670 310,057 406,801 414,242 423,919 383,325 350,329 10) Depreciation Add-back 194,879 126,000 133,000 149,000 163,000 207,000 213,000 ............. ............... - $ 7. ............. ... . .. ........... ... .. .......... .... Restricted Investments 300,000 300,000 300,000 300,000 .... as: ............ ................. ......... .......... ....... 1: iiEhdb.f. Year C h & I ..1. .87 .6 .... ........ ... .. . ..... 'A 1�� 0:. 300,000 300,000 300,000 Unrestricted Investments 2,760,463 2,746,670 2,013,401 1,340,643 891,063 1,128,387 1,419,716 SANITAP( SEWER RATE STUDY: 1994 ON 2: Bond Projects, Current Rates PUBUTIL:sewrat94 /dfs 05-Oct-93 99 ..... ........................993.... '[994...................... 5............................ E.'96............... 1.998............. ' ...............:...:..::::::::.:...::::.:.::::.::::1. 997..::.::::::::.::::: ::::::...:::::::.:::::::::::,:. .. ............................... .. EXPENDITURES 1) Operations Personal Service 199,990 192,000 197,760 203,693 209,804 216,098 222,581 Contractual Service 71,898 62,500 65,625 68,906 72,352 75,969 79,768 Supplies & Materials 12,995 13,200 13,860 14,553 15,281 16,045 16,847 Heat, Light, & Power 16,889 16,700 17,535 18,412 19,332 20,299 21,314 Vehicle Operating Costs 31,667 39,111 47,093 42,015 42,774 Depreciation Expense 194,879 126,000 133,000 149,000 163,000 207,000 213,000 Subtotal: City 0 &M Expense $ 496, 651.00 $ 410 ,400.00 $459,447.00 $493,674.80 $526,861.13 $577,425.47 $596,283.04 MWCC Charges $1,411,582.00 $1,445,808.00 $1,503,640.32 $1,563,785.93 $1,626,337.37 $1,691,390.86 $1,759,046.50 TOTAL EXPENDITURES $1,908,233.00 $1,856,208.00 $1,963,087.32 $2,057,460.73 $2,153,198.50 $2,268,816.33 $2,355,329.54 REVENUES 2) Billing Revenues $1,920,796 $2,000,000 $2,216,555 $2,355,033 $2,494,086 $2,555,856 $2,590,388 Residential Accts 6,845 6,827 6,805 6,780 6,755 6,730 6,705 ha a :::.:::: ... .:. :::::::; >; ':'::':::: >:: >:: >: > >: 4fl.Off : ':?:::' >::':::<. 42s5Q:. < <<: >::: >.> 45..i f3 ... ......::.::: 47.5fl`> > :> ';:.. >:.;, ..4$:5 9.OD 4uarts l.. : _ .....:.....:.:.:_....._:....:....:..:.:.::.::..................................................... ............................... ................................._.$...... ............................... _............................:..:::.:... ..........:......:::.........$4 ._...... _...Y _ ...........................................................__............_......... ............................... ............................................................... ............................... ........................................................................................................................................................................................................................:.:.:.:.:.::::::::.::::::::::: ::::::::::::::: :::::::: . Senior Accts 1, 625 1,650 1,675 1, 700 1,725 1,750 1,775 axt: .....:. :.......:..... .. . . ..... . . - ua �rl Ct�a..::'::::::`:: >:::;........: 1 2..�tp.::::: ::: ' :::::::: 24 .76 ............ta.68 28:96 ....................................................................$.....................................$....._.............................. .......................$......_ _..................._+ ... _.._!...._..._. �J .................................................................................................................................................................................................................................................................._... ..._................._........_ .._... ...... ......................................... .... ............................................................................................................_.............. .... ......_.... Apartment Accts 3, 523 3,520 3,515 3,515 3,510 3,510 3,500 Quarterly Charge $25.03 $28.00 $29.75 $31.50 $33.25 $33.95 $34.30 Non - residential Water 234,600 285,000 285,000 290,700 296,500 302,400 308,400 ... ......................:.... .................... ...... .. . 13e3 G :::»::: >;::::: >::> :: >: ;::.: :::: x:.43::::::: >: < >::; :::: >::: >::: »::::1.BC3 :.. >.::: >:::::: 1.1b::: >::.; >:': >:`:..... & :.. >: >:::.... >... 9r 1.94 i.:96:;' Ld 3) Miscellaneous Operating 0 0 0 0 0 0 0 4) Miscellaneous Non - operating 560 1,000 1,000 1,000 1,000 1,000 1,000 5) Interest Earnings (Phased Out By 1996) 88,619 49,580 30,467 1 21,567 TOTAL REVENUES 1 $2,009,975 $2,050,580 $2,248,021 $2,377,600 $2,495,086 $2,556,856 $2,591,388 _. :: *.. PR F E 1N MIE . >;R IL 1 t 7::::::::::: >:.. 'i ? 72::;:::: >:::: >:::: >::: 2 ? 2.: `l ?.:....: 2 4 2' OJ CT t xC? ; ;. OS5 $ ;; } O.W. .. ..... 9..: <, ,.; 84,9 .: $3 : O 9;:.;;:;::.;;;. 34 @ ..:...:.. $ , 6,fl58 ; 6) Interest Earnings (100 % By 1996) 132,928 115,686 121,867 194,103 174,032 229,705 237,965 .;;;;:..:.; .::;;:;:;; . . :::::: :: >:: >:::;: 2 7 .:.:; 4Qfi X01 >: 5 4 242:> : < >: >::::... 5 i? 745 NET t1 tOOM ::O OS .::.::::: ::::.:::::::.:::::::.:::::.:..$ . ..78.:::.:::::::::. .Q 5 ...... .: , ....:...:.:::::.. .. :.::..::::.:::.... 5 9;..::::::.:::::::..: $ _ $ :.:. . __ ....... _ ...................................................... ............................... ....... ................ 1: 992:::: >:: >`::;.::;::::.;:: ::::;:::;1':993: >::.:::::;::.. 99>:..:: >:: > > >::::..:' .' ::...:............ 1!9 EFFECT ON CASH & INVESTMENTS 7) Start of Year Cash & Inv $3,566,312 $3,060,463 $3,046,670 $4,313,401 $3,480,643 $2,871,313 $2,974,557 8) Capital Outlay (935,398) (449,850) (1,273,070) (1,236,000) (1,036,500) (353,000) (272,000) 9) Net Income or Loss 234,670 310,057 406,801 514,242 515,919 517,745 474,023 10) Debt Service 2,000,000 (260,000) (251,750) (268,500) (258,875) 11) Depreciation Add -back 194,879 126,000 133,000 149,000 163,000 207,000 213,000 .....:...::::;:: >:: >:: >::;:.. + ; bD �#< < >:::`:. 3 X46 67' € €<;:`:::" 't': 48i}`4: >: >:.2 7'[:`:: :: 57 :.... 9 U 7�5 af;$. ti�Sl` 1::[::. IY: ::: >:::::::: >::[: >:::: >:: >::::> :::;; ..... a........,........ :. .. ' .................... ::.:..: .. $......... ... {....... r �.............. ....,3....y.. .._,.... ........................................'.........:..:......:::.................... i........... t.......::_::.:.:::+.:.:..... .....r........:::..::.::...:..� ::..:..:......:...................... i........... x........... .............�................_ .... .....................:..:..................................................................................................................................................................................................................................... ............................... ......................... ............... Restricted Investments 300,000 300,000 300,000 300,000 300,000 300,000 300,000 Unrestricted Investments 2,760,463 2,746,670 4,013,401 3,180,643 2,571,313 2,674,557 2,830,705 Mo_ Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE SANITARY SEWER UTILITY RATE SCHEDULE WHEREAS, a municipal Public Utilities Division exists for the purpose of providing and maintaining water and sanitary sewer facilities for the citizens of the City of Brooklyn Center; and WHEREAS, it is a requirement of the City Charter that the Public Utilities Division be a self - sustaining entity through revenue provided by a uniform schedule of rates, fees and charges; and WHEREAS, City of Brooklyn Center Ordinances state, "The City Council shall adopt by resolution schedules of water and sanitary sewer rates, fees, and charges which schedules shall be known as the Public Utilities Rate Schedule "; and WHEREAS, the City Council finds and determines that it is necessary to restrict $300,000 of reserved investments within the Public Utilities Fund for the purpose of paying the cost of unanticipated capital improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following Sanitary Sewer Utility Rate Schedule be adopted with the first increase effective for all billings issued after January 1, 1994 and successive increases effective for all billings issued after January 1, 1995. BE IT FURTHER RESOLVED that the City staff is directed to complete a rates study in 1993, or at any time previous to that, that staff is directed to conduct a study of water rates. SANITARY SEWER UTILITY RATE SCHEDULE 1. RATES QUARTERLY RESIDENTIAL RATES SINGLE SENIOR YEAR FAMILY APARTMENT CITIZEN 1993 $40.00 $28.00 $22.00 1994 Proposed $42.50 $29.75 $23.40 1995 Proposed $45.00 $31.50 $24.75 RESOLUTION NO. NON- RESIDENTIAL RATES PER 1,000 FIXTURE YEAR GALLONS UNITS 1993 $1.60 $2.50 1994 Proposed $1.70 $2.65 1995 Proposed $1.80 $2.80 2. FEE PRESENT PROPOSED SAC Charge Set by MWCC Set by MWCC 3. CHARGES PRESENT PROPOSED Delinquent Account Greater of Quarterly $3.00 or 10% Same Certification to Taxes Per Account $25.00 $30.00 Line Cleaning Charge Labor, Materials Labor, Materials Equipment and Equipment and Overhead Overhead Sanitary Sewer Hookup Established Established Annually by Annually by Resolution Resolution 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 P g , following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • BROOKLYN CENTER STORM DRAINAGE UTILITY 1994 RATE REVIEW BACKGROUND The City Council on November 9, 1992 adopted Resolution 92 -258, which established storm drainage utility rates for 1993 and 1994. The Council annually reviews established rates for their adequacy and makes adjustments as necessary. The City's consultants, Bonestroo, Rosene, and Anderlik (BRA) are in the process of finalizing their Phase I study of the City's storm drainage system. A Phase II study needs to be initiated and completed in 1994. This study, which is the basis of the City's Local Water Management Plan, is to review all aspects of the system, including maintenance and capital improvement needs. A detailed proposed expenditure plan cannot be developed until Phase 11 of this local plan is complete. By the time the 1994 rate study is to be reviewed, the complete needs should be known. These needs will be prioritized during 1994 and into 1995. An essential part of that prioritization process will be the development of a financial plan, which will be implemented in 1995 and subsequent years. Some major projects have already been identified. The Council has already determined that a high priority project is addressing the severe drainage problems in the 63rd /Halifax /Indiana Avenues area. • The Council has already approved the construction of a storm drainage pond in the southwest quadrant of the I -94 and Brooklyn Boulevard interchange. This project includes extending additional storm sewer to serve the Marlin Park area. Storm drainage components of several street improvement projects have also been identified. Table 1 on the following page details the program of capital improvements outlined in the Capital Improvements Program. OPTIONS The schedule labeled Option 1 shows the financial impact of the existing rate schedule. This schedule includes no specific Local Plan projects. Two large projects currently under consideration are the construction of the "Brooklyn Gateway" pond and park at I -94 and Brooklyn Boulevard, and what is now called "Brookdale Pond." The latter project is currently under investigation, and is intended to provide for storm drainage and water quality improvements for the Brookdale commercial area. While there are several possibilities for meeting these needs, one possibility is the construction of one or more drainage ponds, thus the working name for the project. It is currently estimated that construction of improvements for that commercial area could cost $2 million; it is also currently estimated that one -half that amount could be levied as special assessments. These are very preliminary estimates. TABLE 1 Capital Improvement F *,gram - Detail of Capital Outlays Storm Drainage Utility .... .... .... .... ... .. ........ . .... ...... 06-Oct-93 : ........... .. .... .. A99:::::::: 999 003 :994: [:: ... :::.:19 ........ ... ....................... ........... ....... .. ..... ............... .... ... ............. . .... EXPENDITURES: STORM DRAINAGE SYSTEM Repair/Replace Defective Sections of System 30,000 100,000 100,000 100,000 100,000 100,000 $500,000 Neighborhood Street Improvements 250,000 250,000 300,000 250,000 275,000 $1,375,000 MISCELLANEOUS PROJECTS Brooklyn Gateway Pond and Park 300,000 1,375,000 $0 Brookdale Pond 2,000,000 $0 FACILITIES AND EQUIPMENT Trenchbox 10,000 Truck mounted vactor (1 /2 total cost) 67,500 Sweeper 85,200 STREET IMPROVEMENT PROJECTS 57th, Logan to Lyndale 326,000 State Aid Street Projects TOTAL EXPENDITURES $340,000 1 $1,792,500 1 $2,676,0001 $400,0001 $435,2001 $375,0001 $1,875,000 FUND SOURCES: Storm Drainage Utility 340,000 1,792,500 1,676,000 400,000 435,200 375,000 1,875,000 Special Assessments I 1 1,000,000 1 1 1 1 TOTAL $340,000 1 $1,792,500 1 $2,676,000 1 $400,000 1 $435,200 1 $375,000 $1,875,000 • Due to the magnitude of two large, one time projects, it is recommended that if the Council decides to pursue these projects it should consider issuing GO revenue bonds to "even out" the cost of financing. These bonds could be combined with the proposed sanitary sewer revenue bonds, to save on the issuing costs and to obtain a favorable rate. Option 1 shows the issue of $2 million in revenue bonds to finance the Brookdale pond and the Gateway park and pond improvements. Options 2 and 3 show what might happen if the Brookdale pond project were not constructed, and if either $1 million in bonds would be issued (Option 2) or $1 million would be borrowed internally by the fund for a short term (Option 3) to even out the impact of the Gateway park and pond cost. Option 3 would require a substantial rate increase in 1995 before even taking into account any special project needs identified by the Local Water Management Plan. RECOMMENDATION It is recommended that the rate increase r al ead established or 1994 be implemented as Y planned, f P P with a directive to staff that revenue bonding options be investigated and brought to the Council for its consideration at such time as financing for the two major proposed projects is considered. Rates for the various classes of property would be increased as follows: • TABLE 2 RECOMMENDED QUARTERLY 1994 STORM DRAINAGE UTILITY RATES Classification /Land Use 1993 1994 BASE RATE $24.00 $27.00 1: Cemeteries, Golf Courses 6.00 6.75 2: Parks 12.00 13.50 3: Single Family, Duplex, Townhouse 6.00 /lot 6.75/lot 4: Schools, Government Buildings 30.00 33.75 5: Multiple Family, Churches 72.00 81.00 6: Commercial and Industrial 120.00 135.00 7: Vacant Land As As Assigned Assigned Table 3 on the next page details the 1994 quarterly storm drainage charges of several area cities for residential properties. TABLE 3 1994 RESIDENTIAL STORM DRAINAGE UTILITY RATES CITY QUARTERLY CITY QUARTERLY RATE RATE Bloomington $8.25 New Hope $3.75 Hopkins 9.00 Robbinsdale 3.00 Richfield 7.55 Crystal* 2.60 BROOKLYN CENTER 6.75 Fridley 1.75 Roseville 4.38 Golden Valley 1.00 *Currently considering a rate increase. Note: Cities on the lower end of the quarterly rate scale typically fund only their watershed district . dues, and in some cases some other minor operational costs for the utility. Cities on the upper end are actively constructing storm drainage improvements from the fund. • i i 0 STORM DRAINAGE UTILITY RATE STUDY: 1994 OPTION 1: Current Rates, Bond for Both Ponds PURATES:sdurat941dfs 05- Oct -93 :::'.:.':::.1392...:.:. :. :' :99....:..:: 1 39x1::>::: ' >:: >:: >:::: >::1995.:.:.:::::.. '. :.::'.:'..':1936 " "::: >:..::: 1997> 1 998 ....................................................................................................................................................................................................................:..: ............................... EXPENDITURES 1) Operations $204,025 $157,266 $154,000 $163,500 $166,200 $166,500 $175,520 Storm Sewer Maintenance 62,388 60,000 60,000 60,000 60,000 60,000 60,000 Street Sweeping 40,000 40,000 40,000 40,000 40,000 40,000 40,000 Watershed District Dues 34,868 33,581 45,000 47,500 50,000 50,000 50,000 Local Plan 66,213 15,000 0 0 0 0 0 Vehicle Operating Costs 6,685 7,000 14,000 14,200 14,500 23,520 Public Education 556 2,000 2,000 2,000 2,000 2,000 2,000 2) Capital Outlay $3,402 $340,000 $1,792,500 $1,676,000 $400,000 $435,200 $375,000 Repair or Replace Defective Sections 0 10,000 100,000 100,000 100,000 100,000 100,000 Water Quality Improvement Projects 3,402 20,000 0 0 0 0 0 Facilities & Equipment 0 10,000 67,500 0 0 85,200 0 Improvement Projects 0 300,000 1,625,000 1,576,000 300,000 250,000 275,000 TOTAL EXPENDITURES $207,427 $497,266 $1,946,500 $1,839,500 $566,200 $601,700 $550,520 REVENUES 3) Billing Revenues $494,456 $624,000 $702,000 $780,000 $780,000 $780,000 $832,000 REF Acres 6,500 6,500 6,500 6 6,500 6,500 6,500 .. . BA SE~ RATIO PER ACR> iDi ;04� :. $ .00 ::: >: >> >:::: aQ #off:: 3d .0.0 $30.00 $3^2.00 Residential rate per lot $4.50 $6.00 $6.75 $7.50 $7.50 $7.50 $8.00 Schools & govt buildings per acre $22.50 $30.00 $33.75 $37.50 $37.50 $37.50 $40.00 Multiple family & churches per acre $54.00 $72.00 $81.00 $90.00 $90.00 $90.00 $96.00 Commercial and industrial per acre $90.00 $120.00 $135.00 $150.00 $150.00 $150.00 $160.00 4) Interest Earnings 1 14,030 17,318 16,035 23,238 61,815 4,892 3,627 TOTAL REVENUES $508,486 $641,318 $718,035 $803,238 $841,815 $784,892 $835,627 .....; :.. ......... .. .;:...;::.;:.;::.::. . { {�/'� ..........: >::;::. 6 PRQJ> GTB{ : NCOM :<: 't'::i.:'.:::::::::.... �R�7►I FY?!� Y f .. . . ...: � Y. ..f .... .. f.... ....1 ........ ............. F. !Y 1 . $ f y r� EFFECT ON CASH & INVESTMENTS: 5) Start of Year Cash & Inv $19,649 $320,708 $464,760 $1,236,296 ($9,966) $61,148 $45,340 6) Net Income or Loss 301,059 144,052 (1,228,465) (1,036,262) 275,615 183,192 285,107 7) Debt Service 2,000,000 (210,000) (204,500) (199,000) (243,500) 13 lnci a�f Year C;sh & Irty $320 $64,60 } ....... 1," .1Sf2f)5 $ l g .. $61 k 1E A$ ... ... $45;340 S8...... . 0 i i STORM DRAINAGE UTILITY RATE STUDY: 1994 OPTION 2: Current Rates, Bond for 1 Pond PURATES:sdurat94 \dfs 05-Oct-93 :::::::......a9 .........:.:::: EXPENDITURES 1) Operations $204,025 $157,266 $154,000 $163,500 $166,200 $166,500 $175,520 Storm Sewer Maintenance 62,388 60,000 60,000 60,000 60,000 60,000 60,000 Street Sweeping 40,000 40,000 40,000 40,000 40,000 40,000 40,000 Watershed District Dues 34,868 33,581 45,000 47,500 50,000 50,000 50,000 Local Plan 66,213 15,000 0 0 0 0 0 Vehicle Operating Costs 6,685 7,000 14,000 14,200 14,500 23,520 Public Education 556 2,000 2,000 2,000 2,000 2,000 2,000 2) Capital Outlay $3,402 $340,000 $1,792,500 $676,000 $400,000 $435,200 $375,000 Repair or Replace Defective Sections 0 10,000 100,000 100,000 100,000 100,000 100,000 Water Quality Improvement Projects 3,402 20,000 0 0 0 0 0 Facilities & Equipment 0 10,000 67,500 0 0 85,200 0 Improvement Projects 0 300,000 1,625,000 576,000 300,000 250,000 275,000 TOTAL EXPENDITURES $207,427 $497,266 $1,946,500 $839,500 $566,200 $601,700 $550,520 REVENUES 3) Billing Revenues $494,456 $624,000 $702,000 $780,000 $780,000 $780,000 $780,000 REF Acres 6,500 6,500 6,500 6,500 6,500 6,500 6,500 B ........ ASE RITE FSA ACRD►98 �?tk $:04 04 X34 t�Qk0 $3U 00 $30.00 '' _.. .. Residential rate per lot $4.50 $6.00 $6.75 $7.50 $7.50 $7.50 $7.50 Schools & govt buildings per acre $22.50 $30.00 $33.75 $37.50 $37.50 $37.50 $37.50 Multiple family & churches per acre $54.00 $72.00 $81.00 $90.00 $90.00 $90.00 $90.00 Commercial and industrial per acre $90.00 $120.00 $135.00 $150.00 $150.00 $150.00 $150.00 4) Interest Earnings 14,030 17,318 16,035 23,238 11,815 12,812 18,021 TOTAL REVENUES $508,486 $641,318 $718,035 $803,238 $791,815 $792,812 $798,021 P Q A r AQ.3 GTi*D INCOME 0 LOSS :::: >:::::. 0! 059;:::::: >:::.' <: >$ 44 .. ~.. $1. 4f:5 S >:::::: >:' :2 Bt i. ........ 3... ....... ... f ..... ......... f........ f... .. ..... ........... 1....... ....... .....7...... ..::..:.:. :.F 4fi10�..: 1 92. .. .. #0 14:;::::::: > .:.: .:....::.::::1:::: >: >.::::; 198::: ::.;.:.:'.:. .. #7 .. 1:99 EFFECT ON CASH & INVESTMENTS: 5) Start of Year Cash & Inv $19,649 $320,708 $464,760 $236,296 $65,034 $160,148 $225,260 6) Net Income or Loss 301,059 144,052 (1,228,465) (36,262) 225,615 191,112 247,501 7) Debt Service 1 (135,000) (130,500) (126,000) (146,500) $ Ord �f dear Cals1 Inv ........ ........ $320 464,760 ......:. $35;296 .... ....$65,{13 $1f0 148 25: x32G,261 x .... .. ..... STORM DRAINAGE UTILITY RATE STUDY: 1994 OPTION 3: Current Rates Internal Borrowing PU RATES: sdurat94\dfs i99Z .......::.:.: 1993. 1g94:; .::::::: »:?:19 05 ............................... ............................... . EXPENDITURES 1) Operations $204,025 $157,266 $154,000 $163,500 $166,200 $166,500 $175,520 Storm Sewer Maintenance 62,388 60,000 60,000 60,000 60,000 60,000 60,000 Street Sweeping 40,000 40,000 40,000 40,000 40,000 40,000 40,000 Watershed District Dues 34,868 33,581 45,000 47,500 50,000 50,000 50,000 Local Plan 66,213 15,000 0 0 0 0 0 Vehicle Operating Costs 6,685 7,000 14,000 14,200 14,500 23,520 Public Education 556 2,000 2,000 2,000 2,000 2,000 2,000 2) Capital Outlay $3,402 $340,000 $1,792,500 $676,000 $400,000 $435,200 $375,000 Repair or Replace Defective Sections 0 10,000 100,000 100,000 100,000 100,000 100,000 Water Quality Improvement Projects 3,402 20,000 0 0 0 0 0 Facilities & Equipment 0 10,000 67,500 0 0 85,200 0 Improvement Projects 0 300,000 1,625,000 576,000 300,000 250,000 275,000 TOTAL EXPENDITURES $207,427 $497,266 $1,946,500 $839,500 $566,200 $601,700 $550,520 REVENUES 3) Billing Revenues $494,456 $624,000 $702,000 $910,000 $910,000 $910,000 $910,000 REF Acres 6 6,500 6 6,500 6,500 6,500 6,500 .:.. SASE RATE PAR ACRD5,00 35.00 $35.00 118 fit};: .:':> X24;00 :.... . . :,: $ T 00 . QQ Residential rate per lot $4.50 $6.00 $6.75 $8.75 $8.75 $8.75 $8.75 Schools & govt buildings per acre $22.50 $30.00 $33.75 $43.75 $43.75 $43.75 $43.75 Multiple family & churches per acre $54.00 $72.00 $81.00 $105.00 $105.00 $105.00 $105.00 Commercial and industrial per acre $90.00 $120.00 $135.00 $175.00 $175.00 $175.00 $175.00 4) Interest Earnings 1 14,030 17,318 16,035 1 23,238 11,815 1 5,052 7,320 TOTAL REVENUES 1 $508,486 $641,318 $718,035 1 $933,238 $921,815 1 $915,052 $917,320 I 4. 05 # .28.4 &5 93$: 355 X315 3i3?35 X66 800 [ PROJ E CTED I .013 hflSS .. $+9 $ 4�. _.... $ , � $. $ ...T _ .. ....;.... .. .... 1992.. #993 »:.....1994<; >::. : :>:;;: >:: >1 >9 1 .: k957; 1998 EFFECT ON CASH & INVESTMENTS: 5) Start of Year Cash & Inv $19,649 $320,708 $464,760 $236,296 $10,034 $63,148 $91,500 6) Net Income or Loss 301,059 144,052 (1,228,465) 93,738 355,615 313,352 366,800 7) Debt Service 1,000,000 (320,000) (302,500) (285,000) (267,500) . Et1d Mlle r Cash ( 32O 64,3GO $236,296 _ $10,034 636 48 $ 500...........$190,800,: /ae 3 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE STORM DRAINAGE UTILITY RATE SCHEDULE WHEREAS, it is a requirement of the Brooklyn Center City Charter that Brooklyn Center's municipal utilities be self- sustaining entities through revenue provided by a uniform schedule of rates, fees, and charges; and WHEREAS, the Director of Public Works has reviewed the financial requirements of the Storm Drainage Utility and has developed a recommended rate schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the following schedule of Storm Drainage fees will be in effect as of January 1, 1994: CHARGE PER QUARTER PER ACRE CLASSIFI- CATION LAND USE 1993 1994 Base Rate $24.00 $27.00 1 Cemeteries, Golf Courses $6.00 $6.75 2 Parks $12.00 $13.50 3 Single Family, $6.00/ $6.75/ Duplex, Townhouse lot lot 4 Schools, Government $30.00 $33.75 Buildings 5 Multiple Family, Churches $72.00 $81.00 6 Commercial and Industrial $120.00 $135.00 7 Vacant Land As As Assigned Assigned 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. WATER AND SANITARY SEWER HOOKUP RATES BACKGROUND Water hookup rates are adjusted annually to account for inflation. This year the change in the Twin Cities Consumer Price Index was 3.7 percent. Accordingly, the proposed water and sanitary sewer hookup rates for calendar year 1994 have been increased 3.7 percent. RECOMMENDATION Approve the following hookup rates: Current Rates Proposed Rates Type of Property /Assessment 1993 1994 WATER LOOKUP Single Family Residence With $3,195.85 $3,314.10 Service Single Family Residence Without 2,441.10 2,533.50 Service Frontage (front 135 feet) $32.55 per front foot $33.75 per front foot Area (area outside front 135 feet) $10.10 per 100 square feet $10.50 per 100 square feet Service Hookup $752.75 $780.60 SANITARY SEWER HOOKUP Frontage $18.93 per front foot $19.63 per front foot Service Hookup $752.75 $780.60 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING WATER AND SANITARY SEWER HOOKUP RATES FOR CALENDAR YEAR 1994 WHEREAS, Resolution Nos. 74 -45 and 77 -113 provided for the annual adjustment of water assessment rates for non - single- family residential and single - family residential rates, respectively; and WHEREAS, said adjustment in water hookup rates is to be effective January 1 of each year; and WHEREAS, Resolution 88 -05 changed the month from which the annual price index change is to be calculated from October to July; and WHEREAS, the City Engineer has reported to the City Council that the change in the Twin Cities Consumer Price Index from July, 1992 to July, 1993 was an increase of 3.7 percent; and WHEREAS, City policy, based on Village policy established in April, 1956, is to calculate the cost of sanitary sewer hookup based on the average cost of a lateral system of sanitary sewers for a standard Village lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the water and sanitary sewer hookup rates effective January 1, 1994 shall be as follows: Type of Property /Assessment 1994 Rate WATER HOOKUP Single Family Residence With Service $3,314.10 Single Family Resident Without Service $2,553.50 Frontage (front 135 feet) $33.75 per front foot Area (area outside front 135 feet) $10.50 per 100 square feet Service Hookup $780.60 SANITARY SEWER HOOKUP Frontage $19.63 per front foot Service Hookup $780.60 RESOLUTION N0, 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 10/12/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 89 -121 REGARDING RATES FOR RECYCLING SERVICES FOR THE CITY OF BROOKLYN CENTER'S CURBSIDE RECYCLING PROGRAM DEPT. APP V Geral G S linter, City Manager MANAGER'S REVIEW/RECOMMIENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) At your July 26, 1993, meeting, you discussed and accepted the 1994 Hennepin Recycling Group (HRG) budget (copy of minutes attached). This evening the item is being offered as a resolution to increase the rate per month by 15c per household. BACKGROUND The Hennepin Recycling Group Board approved its 1994 budget at their June meeting, as required in the joint powers agreement. This timeline allows for comment by the three HRG City Councils. The 1994 HRG budget includes the following assumptions: 1. The curbside collection contract rate with BFI will increase to about $2.06 /household /month with the addition of Mixed Paper to the program. 2. HRG will continue to pay for recycling services at all municipal buildings. 3. HRG will continue to contract with Goodwill Inc. for recycling drop -off at County Transfer Station. 4. HRG will continue to hold two special recycling collections at the Airport in 1994. • 5. HRG will continue $50 weekly random drawings. 6. HRG will continue to offer yardwaste drop -off at no charge and also assumes County yardwaste funding will continue. • 7. Hennepin County will continue $1.75 /household /month recycling funding. 8. Recycling Service (RS) fees on City utility bills will be increased to $1.25 /household /month. The HRG Board debated the increase on the utility bill RS fee. Without the increase, HRG would be operating in a deficit in 1994. The Board decided it would be best to increase the RS rate slightly now instead of delaying a sharper increase in the future. The addition of mixed paper, anticipated to begin January 1, 1994, is expected to result in a $.15 /household /month increase in costs. The County is also threatening to discontinue yardwaste rebates in 1994, which is a $77,246 annual revenue for HRG. HRG has been able to avoid an increase in RS fees despite a 63% increase in curbside collection costs over the past four years by aggressively pursuing maximum County funding. Since the program began in 1989, HRG has added plastic bottles (cost an additional $.34 /HH /Mo), corrugated cardboard (cost an additional $.06 /HH /Mo), and magazines (cost an additional $.15 /HH /Mo). The RS fee rate has never been increased from the original $1.05 /HH /Mo rate to compensate for these increases. A study of surrounding cities' RS charges shows that the average rate is $1.14 /month, ranging from $.83 to $1.50. HRG Cities would be in the median range of these rates upon raising the RS fee to $1.25 /month. • RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Amending City Council Resolution No. 89 -121 Regarding Establishing Rates for Recycling Services for the City of Brooklyn Center's Curbside Recycling Program. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 89 -121 REGARDING RATES FOR RECYCLING SERVICES FOR THE CITY OF BROOKLYN CENTER'S CURBSIDE RECYCLING PROGRAM WHEREAS, the City of Brooklyn Center is a member of the Hennepin Recycling Group (HRG), which is a joint powers group formed pursuant to Minnesota Statutes, 1987, Section 471.59; and WHEREAS, the purpose of the joint powers agreement was to create an organization by which the member cities may jointly and cooperatively provide for the efficient and economical collection, recycling, and disposal of solid waste within and without their respective corporate boundaries, all in compliance with Minnesota Waste Management Act, Minnesota Statutes, 1987, Chapter 115A; and WHEREAS, the HRG has established a curbside recycling program for its member cities to meet the requirements of Hennepin County Ordinance No. 13, Solid Waste Source Separation for Hennepin County; and WHEREAS, Brooklyn Center Ordinance No. 89 -11 authorizes the City to establish rates for recycling services; and WHEREAS, the HRG has established a rate of $1.25 per month per household for recycling services beginning January 1, 1994; and WHEREAS, the rates for recycling services established by the HRG reflect the amount needed to fund the City's curbside recycling program after the projected reimbursement of recycling program costs from Hennepin County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the above described rates established by the HRG for recycling services are hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Mayor Paulson suggested all six projects be taken into the process to receive input from Hennepin County and affected residents. He added Council could then decide, based on that input, which projects should proceed further. The Public Works Director agreed and added the Council may want staff to approach Hennepin County at this time regarding Project 2 so it can be included with their 1995 project if unable to do so in 1994. Councilmember Kalligher agreed and supported including Project 2. Mayor Paulson supported a detailed review of the City's assessment policy and determining options to assess the "bare minimum ". The Director of Public Works commented on the importance of maintaining a contingency factor to assure compliance with State Statute requirements for benefitting property. He added the City must collect 20% of a project through special assessments. He stated he would prepare a recommendation regarding these issues for Council's review. Councilmember Scott stated it is important to provide residents with written, detailed, easily understood information explaining the assessment procedure to avoid misunderstandings and misinformation. She suggested staff prepare a handout residents can take with them. The Public Works Director agreed. There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to direct staff to proceed with Projects 1, 2, 3, 4, 5, and 6, as presented, to obtain proposals for appraisals (excluding Project 1), and to make recommendations to Council on special assessment options. The motion passed unanimously. 1994 HENNEPIN RECYCLING GROUP (HRG) BUDGET The City Manager reported the Hennepin Recycling Group (HRG) Board approved its 1994 budget at their June meeting as required in the joint powers agreement. He stated the HRG has been able to avoid an increase in RS fees despite a 63% increase in' curbside collection costs over the past four years but are now recommending an increase to $1.25 per month. He pointed out the program will add mixed paper beginning January 1, 1994, which is expected to result in a 150 per household per month increase in costs. He recommended the Council review the report and place it on a future agenda for discussion. There was a motion by Councilmember Scott and seconded by Councilmember Kalligher to accept the 1994 Hennepin Recycling Group budget. the motion passed unanimously. RESOLUTIONS - (CONTINUED) The City Manager introduced Resolution Accepting Work Performed and Approving Final Payment for Contract 1993 -B (1993 Sealcoating, Improvement Project No. 1993 -06). 7/26/93 - 17 - CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT d DEPT. 0 FUNCTION ACTTVITY HRG 95 HRG - 95-22 Health and Sanitation RecycnfV ACCT. 1990 1981 1982 .1893 DEPT. ITEM ACTUAL ACTUAL ACTUAL ADOPTED REQUEST FUND DEPARTMENT d DEPT .# FUNCTION HRG ACTIVITY 95 HRG - 95-22 Health and Sanitation Recycling ACCT. 1990 1981 1992 }883 DEPT. ITEM ACTUAL ACTUAL ACTUAL ADAPTED REQUEST PERSONAL SERVICES 4100 Salaries & Wages of Rep. Employees $37242 37,815 4111 verUme - Regular Employees 35312 4130 Salaries & Wages of Temp. Employees 4142 DERA - Coordinated 51,668 ! 3t,g85 4144 SocW Sewrtty/Medicare $2,849 4150 insurance $188 4151 pdaltudlon insurance 33 264 . 3? 894 4153 Jfe Insurance - Ali Employees $49 I =< :' :' _:> < >: <:>;:: $ 49 4154 Norkees Comp. insurance 4155 Jabfflty Insurance $447 4158 nemploymerrt Compensaam - 4157 Aliowme ITEM OTAL $0 $38,781 $45,877 $48,315 { 351.175 SUPPLIES, REPAIRS S MAINTENANCE 4210 Xllce Supplies 4211 3upkaW Supplies 3 Paper, s107 4212 2 dnted Forms 4215 Stationary & Envelopes 5107 4220 Aisc. Operating Supplies $2.794 5450 SSb 4221 Dior Fuels 4222 Adwkwft & Additives 4223 Supplies 4225 hop Materials 4226 Equipment cals & Chemical Products 4227 Supplies (OSHA) »> 4230 3 Mawan once Supplies 4231 Repair 4232 Recaps 4233 g Repair 4 234 Maintenance Materials 4235 Materials & Supplies 4238 Street Signs 3 Striping Materials 4237 JUIlly System Malyd. Supplies 4238 lecreational Equipment Supplies 4239 ' ;Mmodftles Purchased for Resale $2,553 $4 23,133 Sg 728 4240 mad Tools 4243 ue & Toweling 4248 Jft Station Rspeks 4247 Vatermalln Repairs 4248 Uservoir Charges 4249 ar Line Repairs ITEM OTAL 20 $2,553 27,418 $4,083 4 PROFESSIONAL SERv10ES CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT A DEPT ,# FUNCTION ACTMTI' HRG 95 HRG - 95.22 Health and Sanitation ACCT. 11.990 1991 1992 139? - -DEPT 17F1I/ ACTUAL ACTUAL ACTUAL ADOPTED REQUEST Ta neous Pmtassional Servk�s $7.034 s! Testing & Recruitment otessbnal Services $569 $180.50 $5 000 f < 52 500 Exams & Evaluation $0 $589 $7,215 $5 COMMUNICATIONS 4320 lsca8aneous Communications 4321 °stage $3,830 $5,989.61 $6,000 E ST000 4322 elephone b Telegraph .. = 31,000 4323 b Units 4324 slivery Swilce ITEM OTAL $o $3,830 $5,990 $8,000 { 58.000 TRANSPORTATION 4330 .. .......... .... �hcalkweous Transportation 4331 ravel Expense $30 31,000 4334 se a Persona! Auto $243 $546.59 $570 ITEM OTAL II I, $0 $243 $546.59 $800 ADVERTISING ' 4340 hwellansou s AdvertlskV $19,138 $1,085.99 $2,2t)o jg,39C 4341 mpbymwd Advertising REM OTAL $0 $19,138 1085.99 $2,200 38390 PRINTING 4350 ous Printtnp $11,361 $17,275 ( >$14.910 4351 al Notices Pubpshing $200 $213 4352 enera! Notices & Publb In10. 4353 rdinance Publication REM IrOTAL $0 $0 $11,381 $17,475 $15123 INSURANCE 4381 Uabipty Insurance $1,900 $2,559.00 $2,600 aim 4364 quipment Fbatars Insurance 4365 otive Insurance MEM OTAL $0 $1 $2 , 559.00 $2 800 ti00 UTILITIES 4371 lectric Service 4372 as Service 4376 bbish Removal $ TIEM OTAL $0 $0 $0 5500 5500 REPAIR- CONTRACTUAL CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT 4 DEPT —f FUNCTION ACTIVITY HRG 95 HRG - 95-22 Health and Sanitation Recfcam ACCT. 1890 1891 19512 1993 11EPT. !T? M ACTUAL ACTUAL ACTUAL ADOPTED REQtlEST' 4381 utomoUve Equipment Repair € 4382 Equipment Repair 4383 ulidings Repair 4384 treets Repair 4385 oir Repairs 4388 star Line Repairs 4387 or Repair - Contractual 4388 Station Repairs - Contractual ITEM OTAL $0 $0 $0 $401 S0 MAINTENANCE- CONTRACTUAL 4390 arvks Contracts $531 ( 5560 4391 municatlon Systems Maintenance 4392 rafftc Signal Maintenance 1 ITEM OTAL $0 $0 $0 $5311 $560 RENTALS 1 4400 Isoellaneorra Rentals ;.Shoo 4401 ce Rental 4402 achtnery & Equipment Rental 4403 Equipment Rental 4404 ata Processing Equipment Rental $,M 1 $5001 REM OTAL $0 $0 $0 $4801 S11,7001 MISCELLANEOUS 4410 W iscallaneous 4411 erence 3 Schools $877 519.00 S1 = =t 000 1412 eating Expenses $702 $180 1 54501 0 4413 ues 8 Subscriptions $455 $216.00 $250 52501 4414 uses & Taxes $376 1 > $ 0 4415 wards $7 $7,800 1 $7.800 4416 Citizen Rebate 1 4417 cooks & Publications j89 $100 E _ $107 4418 pecial Education Ralmwmemerrt 1 4419 ras Disease ITEM OTAL $0 $1,332 $9,702 $9,830 I 59,607 OTHER CONTRACTUAL SERVICES 4420 Fners s Contractual Swvices $74,481 583685.52 $866,910 695115 4422 - County 4 4 23 Roll - County 4425 oner s 4427 ost 44 28 ission Payments 44 29 Water Payments 4430 ew Hope Sewer 4437 a Disposal Charges - MS9 REM OTAL SO $74481 $583,686 5888 910 1 5895116 CAPITAL OUTLAY CITY OF CRYSTAL - OPERATING BUDGET FUND DEPARTMENT A DEPT. i FUNCTION ACTIVITY HRG 95 HRG -95.22 Health and SanWpn ACCT. 1890 1891 1992 1994 OEPL REM ACTUAL ACTUAL ACTUAL ADOPTED R1 =AUEST 4530 Ww Improvements =755 4540 Aachinery Equipment 4550 umlture & Fbdures s4,sse 4551 Furnishings & Equipment 4552 Mobile Equipment 4553 lsc laneous Capftai Outlay ITEM OTAL $0 $0 $0 $8 S74tI: OTHER 4990 Cmanpency/Adm1n Charges $5,000 ITEM TOTAL $0 $0 $ KIM 5000 000 ................. ............................ .... ......................... ............................. ............................. GRAND TOTAL ALL ITEMS SO S55l,874 5692.325 ST13 .740.. .......... . - ; :;5807.451 it CITY OF CRYSTAL - RECYCLING REVENUES 1990 1991 1992 1993 1294 OBJECT DESCRIPTION ACTUAL ACTUAL ACTUAL ADOPTED ESTIMATED 3330 County Grew $264,286 $42x,897 $442,827 :_ <'$442,827.00 3600 Wiscolorwoun Receipts 3610 Containers, Wheels a Liao 32,620 3200 $3,133.00 3760 RacycHng Revenues (BRlkgs) 3286.231 $253,044.00 _ . 3303:es3 3529 nterost Earned $8,490 311,464 $5,000.00 ' r d"airt• Re 377,246 $77,24600 .M2a6` urn of Furl Balance (sa,5e2) (317 075.00 . . Total &V Revenues 30 $286,978 3772,838 $781,250 DETAIL OF PERSONAL SERVICES JOB OF BASE ANNUAL #OF BASE ANNUAL CLASS MOs. SALARY 1993 MOs. SALARY 1984 1993 1993 1994 1994 D epartment #95-22 - Henn In Rei ydlng Group (R cling) ecyciing 12 $3,484.17 $20,905.00 12 $3,571.25 $21,427 00" Coordinator 112 to Fund #194 -3 RG intem 12 $8.00 $9,152.00 12 $900 ;11,23Z_O0 (Part -time C.D. Secxetary 12 $40-4.37 $4,852.40 12 $412.88 . .955.001, 2096 time) TOTAL 34 909.40 TOTAL 37,614. CITY OF BROOKLYN CENTER Council Meeting Date 10./12/93 Agenda Item Number 13 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT HOLMES DEPT. APPROVAL: Sy Knapp, Director of Public Works MANAGER'S REVIEW/RECOMMENDATION: X�&= No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached A resolution is attached expressing recognition and appreciation for dedicated • public service of Robert Holmes. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF ROBERT HOLMES WHEREAS, Robert Holmes has served the City of Brooklyn Center as an employee since June 1, 1967 and will retire from City employment as Public Works Dispatcher on October 29, 1993; and WHEREAS, Bob has shown commitment to the youth of the community through his volunteer work for his church organization; and WHEREAS, Bob has worked well with other City departments and is known for his ability to effectively handle citizen inquiries and complaints; and WHEREAS, his devotion to the tasks and responsibilities as Public Works Dispatcher contributed substantially to the effectiveness and success of the Public Works department; and WHEREAS, his public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the dedicated public service of Robert Holmes is recognized and appreciated by the City of Brooklyn Center and that the City wishes him a long and happy retirement. 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 I0i I2/" Agenda Item Number l 3 b REQUEST FOR COUNCIL CONSIDERATION i ITEM DESCRIP'T'ION: RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM NOVEMBER 8 THROUGH 13, 1993 DEPT. APPROVAL: . fl /�tiu� -dYt_ Sharon Knutson, Deputy City Clerk MANAGER'S REVIEW/RECOAMENDATION: Z - i - E- No comments to supplement this report Comments below /attached SUMIILIARY EXPLANATION: (supplemental sheets attached RECOMMENDED CITY COUNCIL ACTION Pass a resolution declaring heritage festival as a civic event from November 8 through 13, 1993. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING HERITAGE FESTIVAL AS A CIVIC EVENT FROM NOVEMBER 8 THROUGH 13, 1993 WHEREAS, the purpose of the Heritage Festival is to encourage a climate within our communities that is sensitive and welcoming to a changing and diversified population, and to offer an opportunity whereby all residents can experience a sense of belonging and ownership within their community, and to celebrate the myriad of activities already happening that promote cooperation between various cultures; and WHEREAS, residents, the city community civic groups, and businesses participate in the annual civic event to celebrate the diversity of the City of Brooklyn Center; and WHEREAS, in order for the Heritage Festival to schedule certain events requiring City- issued administrative land use permits, it is necessary for the Heritage Festival to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Heritage Festival is declared a civic event from November 8 through 13, 1993. 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. O CITY OF BROOKLYN CENTER Council Meeting Date 10112/93 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -H, IMPROVEMENT PROJECT NO. 1993 -17, ANTI -SLIP FLOOR TREATMENT IN POOL DECK AND IN LOCKER ROOMS IN BROOKLYN CENTER COMMUNITY CENTER DEPT. APPROVAL: Sy Knapp, ector of 4 Works MANAGER'S REVIEW/RECOMM ENDATION: •" E * f � V No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached No Improvement Project No. 1993 -17, Anti -Slip Floor Treatment in Pool Deck and in Locker Rooms in Brooklyn Center Community Center, has been completed by Sure Stop Floor Safety, Inc. The City Council accepted their proposal per Resolution 93- 135, and a contract was subsequently executed. All work was completed for the bid amount of $15,332.24. Staff recommends acceptance of the work performed and authorization to make final payment to Sure Stop Floor Safety, Inc.. RECOMMENDED CITY COUNCIL ACTION A resolution accepting work performed and authorizing final payment to Sure Stop Floor Safety, Inc. is included for Council consideration. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR CONTRACT 1993 -H, IMPROVEMENT PROJECT NO. 1993 -17, ANTI -SLIP FLOOR TREATMENT IN POOL DECK AND IN LOCKER ROOMS IN BROOKLYN CENTER COMMUNITY CENTER WHEREAS, pursuant to written contract signed with the City of Brooklyn Center, Minnesota, Sure Stop Floor Safety, Inc. has satisfactorily completed the following improvement in accordance with said contract: IMPROVEMENT PROJECT NO. 1993 -17, Anti -Slip Floor Treatment in Pool Deck and in Locker Rooms in Brooklyn Center Community Center, CONTRACT 1993 -H NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The work completed under said contract is accepted and approved. 2. The actual value of work performed is $15,332.24. 3. It is hereby directed that final payment be made on said contract, taking the Contractor's receipt in full. The total amount to be paid for said improvement under said contract shall be $15,332.24. 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 10n2/93 Agenda Item Number 13 0 1 • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES DEPT. APPROVAL:, Sy Knapp, ector 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. • 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 10/12/93 ) 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 ---------------------- -- - - -- ----------------------- - - - - -- -- - - - - -- JEFFREY /ELIZABETH SANDOVAL 5524 MORGAN AVE N 173 ARTHUR & HELEN FOSS 2700 64TH AVE N 174 CITY OF BROOKLYN CENTER 65TH & ORCHARD LANE 175 CITY OF BROOKLYN CENTER 65TH & ORCHARD LANE 176 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 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 10/12/93 [ � Agenda Item Number / a / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINAL PLAT APPROVAL - BROOKLYN CROSSING 3RD ADDITION DEPT. APPROVAL: / Sy Knapp, ctor of Public Works MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes On September 10, 1990, the City Council approved Planning Commission Application No.90024, which involved preliminary platting on behalf of Brookdale Office Park. The proposed platting for BROOKLYN CROSSING 3RD ADDITION involves the combining of the plats of BROOKLYN CROSSING and BROOKLYN CROSSING 2ND ADDITION and changing the location of one internal lot line. Attached is a memorandum from the City Engineer Mark Maloney which details the conditions remaining for the release of the final plat. RECOMMENDED CITY COUNCIL ACTION The final plat of BROOKLYN CROSSING 3RD ADDITION is recommended for approval, subject to the conditions as stated in the attached memorandum. � i � �� �� - � � � �� � ���`�� 111 / /I�► �j��1 / ilia ■IIIi1 /11/1/► ���� ♦�♦ - ■� �- �. .� .. -': 1�II,��I� 111 il��iiliil /1 /III �,��: =: •_ - : � iii■ C. �� � �. , ���Ilit ■1 ■�� �� /i• Iiiilliii /1 /1 / /. �'♦ - ♦'i . m ■� �� �� �� i►� �� ii �' �l;�liii■ Nation it n ow %� ��� j j .: � i 1/� �� �� :� ��• i`� �� Iiii111111i iiii ills ■IIIii' / //� ��Q►♦� ► X11 �11.'�>> ■sr�..�.- -� �� i� -�', Itlillilili�/ lil�►,'�■ ■tL1+ 1' /�,��� ���� `� = =' = == ii.mi1111111111� �� '' i ■■ IIi11111111111i Iilitl // ; � a � .. ♦♦♦♦��_♦ ♦♦ � : : llliil' /1!uu� ■ ■ ■1� = � �� itit�,��tli �Ilt�!//i�.r . � ♦�♦ ��� , �♦� � � i1111�j1 Mill ri� � � - tltt�� ♦ ��il lllltiii�,�. � y��♦�♦ t • — • -- �I 1i iili ■ii/ _ � ♦i� � ► ♦� = =iii % � � ������ ii"' ���� �' ♦ �` �� �11 �11i ilia ■� ♦ � �♦ ♦�� � /tit111i " �� NEW �1ii lill ■� ♦ � � ♦� • �' �� :" :: � ► 1111111 � � ' � � �,= ►�`� ♦ ��� �������! _ �■ In ■t1►��� 1111111/ ►� .� - �� ►���/ ���� �► _ .� y 3►�►� �� ■ amllli� . Iii1G�m1l�liii■ i► ME I ES In n ON �► ♦ �i ■ i iii ii ���1 /ti Is �' • •� ` M AE SO M SEE X1111 iii, � o II r'tl 11111ii�� // logo W/00M, 01 ��� • � 1111 �� liiiiii�t • � �� � ' ii11i111■ ► �.� ��� :� X11 ■ i► �������� � • � � �% ,�,�,, � ■ 1111�� CIS � 1111 11111 � � till �1111� �_ In �'' BROOKLYN CROSSING 3RD ADD 1 T 10 N R.T. DOC. NO. ..I —. I I Ii•i % :. , se7•re'z�9so1zo1 v -'-- — — — — ]1520 -- - ""_ aDenates Iron Monument P' \ �\ Bearings shown are based upon assumed datum. ri kl Ll I I I _Ir 60 12p i6p 2 - - - - -— \ N87'e8'23'E 97.89 SCALE IN FEET N co AfrMUND PI -ot'P EnginserinP surrry/ng BLOCK 1 ` U71lITV I� Z h87-58 OWE 1 07 . 18 591. 17'38' E .y - L•7E6 Curve 100.00 - 3. F - _ nDt ten9enl , - pi97 g.YT a 15-T - 1 STATEO MINNESOTA d•16. Jv• COUNTY OF ENNEYIN 1 d {r0 before me ibis a`J'R OeY of 1e " bvnau aid Z72 '6B E Nt• T fo re ROi 8 I lr was • k ' n lost of CSN Lakeside. a MinneaOla gen <r.l partn on r S7 g. ( 'Z) A, R <rs �!leur um a nt eeneral Dai l-' r'� •, L_r•, i ._ r A CI% Z JO 56, part In, V. 0 g T ALMOM ALL MEN BY THESE DIESEAns: Thai bronkdel< Office Park Psri ns snip. _A,,., Publt<. M<nn<Pln to=ryj Y: ' p situated in ine C...IF of Henne 1'.. r 1 Per tnershi n. fee urns 05 Y Y nnv•ota a! IH< Ioilowini deacri bed pin, Slata ota o wit W MY Cowanif•l0n E[pirel Lol 1. Block 1. B0.WKLYN C0.0S51 NU, ecco rOinE 10 Ins Piai [n<r<of on rill o of record in 11. ofrica of the that 1 bees s vayed snd Platted the PrCP<r ly described on this Plat ea BRWK CROSSING JRD R<tl of Title• in and !or acid COYntY. I ne rc by ce rt i`. • rr r re correcLYN tly r I Oietences andwn o AUDITION; Lhet his Plat is co r<prea entat ion of said a v<Y: that el IaCed in the {round shown o will And C e G Transcontinental Develops ra. In<.. a Ninne•ola cOrPO rat inn, I<e orne and Vlai in fret end hu nd re d[nx nr A fool: abet all nn ,; lil hays Co r bo.hd. P correctly designated on part n.rahif. Cl Purchaser of ih< follo.i nE . ..cri bed pro n CSN Lakesidr, a Ninnexulrtete rat Le vi.— r re4uir<Q by Lne local governmental u lhst In• O side /na[ <dsrI Ifn<a all Minnesota. to r♦ party silua<d the Count. or X<nne pin. S of seid lilt; and that there are no rev lands or public to De dtsi d on said plat. °'�� Lol 1. Block 1. IS—... CROSSING JND ADDITION, ac ording to ine plat ba r..( on fill of of record .n 11. • l.. jlt < L7 ine Reg iftra of Titles in and To of id Count Ne (f indt ten, land r yor Inncaote Lic<nae Number Is]T6 aed t o Ds f va y<d • d platted a BRWKLI'N C.ROSSINO JRD ADDITION and do hereby donala and d<dicetr to be µ81l c or public uneufo.. _r Lne tas <me nta for utility purPOfes at shown on the Plal. STATE Of MINNESOTA eof aid Brookdale O(!i[e Park Pertnershi ♦ Minnesota {<ne rel CAU COUNTY OF MEHN EPSY < �3 zo day of DECE hTO ER 19 4 2 D> In p, earl— "hip• h.a sad there fns fore HOinB veYOr'f lificate w aetnorl<dted before w tole presents to De gas by its general P.rtnsr this _.._ deY or 19., Jef(reY U. LinAE r <n. Le and Su rue YO r, Nlnne tots Li M In ri sa • erc0f laid C • G Trentlnenta D<ve lope ra. Inc., a Mlnnv solo corporation. has Lausid these Prrs<nia AA :t h [7Q s ` y/,� <a lh Note yY Dub uc. Hl ..P3 1nn<rota to bs a� {nea n bt its ProPCr off le nrco er this der or 14 �r ion E.Pi - -- - `1v �. MY Conn.aa rva 10 - Y6 In ..... ss wrC —f seid CSN Lakcai0<. ♦ nn<soia {metal P toed hip. nea caused [Arse pre. <nta to b< .....0 L tx X110.. MINNESOTA v ' 9KQ)NI.YN L'E. v d and a< Led by the CItY Council ouncil o! Brooklyn Center N. ION was •ppro < eP of 4 earl nev inia _ - air of ._..• 19. lei of BRWKLYN CROSSING JRD ADDIT - - ter •.cling 1-10[ held this 19 __. _ deY u( ____ _� If applicable, the wr tten This P It IiN ED: Ninne soyw al `ciu - porlation <c ( uC < eo ta d sod m<n0a ions of Ins Coaunisaioner of Trani and the County High— En hart been i vcd by tns D eity or ine prescribed JO deY period has elapsed without r efpt o a wacn an ma C • G t /AM S,'UNTINEMTAI. DEVELODE RS. INC . SM LAK ESIOE 80.WKDAL OFFICE. PAKK YANTNERSNII' r<c.: / we ndslionA. as provided by ..nne ante S INTO te s. Seclf On 'OS.OJ, Su bdivla ton G CITY COUNCIL Of BROOKLYN CENTER. MINNESOTA r tenet I pertne / r V— tenet Danner BY;,_ Menag<r ey: STATE Of MINNESOTA PRUPENT I' 1'AK L AND PUNIC COS UEPAKTM ENT. HENNEPIN COUNTY, MINNESOTA n CWNTY OF MFNNEPIN .JJ �, j 1 nefvbY certify that teaRE RD s• payable in 19__ and prior yearn hart been pa in full for all land described O tots w< ihi• 1t gd.Y of !! � Y G�I�JTr^ 19/� by S>'� a The (( or //loins in•irum<nt .♦• acknowied led befo r< (J -_ -N;A� : {s na rat _._ .... _._.. _.__. earl n<r of Brookdala Office Part Part ne rah) p, a Mlnneaota tens rat part erahi P• on Ualed leis __ deY i9- ..___• behalf e( sad Darin<rahi P. _ ' _wL L aAJr<v O'Connor. Hennepin Co unLY Avdlidr tlYl De putt �a��m wVw w�• M t COwmlesten Eepf r<a!QCOX-1_(�Mi mneaol. SUN VEV DIVISION. HENNEPIN COVNTY, MINNESOTA STATL W MtXNE SDTA �� �r `T 7 turf ua ni 10 MINN. St T. Sec. 30J B.3A5 11969,1 iris plat has been approved this ___d.1 ol._„_ 19 COIINTI Of .—EPIN !� Gay Y. C.... 11, H­­.. COUnly Surveyor BY :__ - N fy • ii ryt Inslrumf nl ra• tnorledKed Dcfnr• me Ihi• rIjY'rX day of Ar4ej]�M„ ' 1'J....._ by Ih• QKJ. �(�f (!',... -., 2' 8 1i Tranaf O011nrnl♦I Il•r•IoPf r•, Ill.. a Minna sole corpulr al ton, On gEGISTNAR OF TITLES. II EN N EI'IN COUNTY, MINNESOTA ­­d In lo AeY o( 19. _. ts Will this be ne ll tf sold corPOra Ion. / I hereby art lfy Lhst tht wllhln Pill of BROtNL CROSSINU )0.0 ADDITION a.' fllad for /J �s, (' at ......_.o'clock ___.M. p p4 . _ {L yr H pq a k a NOta ry Public. H<nnepin jj�� Ml mnc sot• K. Den Carlson. Re gislrer of Titles B _ Ds u Y Y' MY Cowmise ion E[Pl re•_l _L _t7>_____ MEMORANDUM DATE: October 4, 1993 TO: Gerald G. Splinter, City Manager FROM: Mark J. Maloney, City Engineer RE: Proposed Final Plat - BROOKLYN CROSSING 3RD ADDITION City Council approval of the preliminary plat of BROOKLYN CROSSING 3RD ADDITION was contingent upon the following conditions: 1. The final lat is subject to review and approval of the City Engineer. P J PP Y g 2. The final plat is subject to the provisions of Chapter 15 of the City ordinances. 3. Medical occupancy shall be limited to no more than 3,955 sq. ft. on Lot 1 and no more than 6,000 sq. ft. on Lot 2. 4. The restrictive covenant placed on the properties restricting future development and medical occupancy shall not be released until the plat is filed at the County and the foundation for Building A is reduced in size to 6,000 sq. ft. consistant with the amended site plan. I have reviewed the final plat for BROOKLYN CROSSING 3RD ADDITION and have found it in conformance with the above conditions. Accordingly, I recommend final plat approval (and subsequent release) subject to the opinion of the City Attorney. ;F ` I Mafk J. M loney . City Engineer CITY OF BROOKLYN CENTER Council Meeting Date October 12, 1993 Agenda Item Number �SQi REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: CLASS B AND SUNDAY ON -SALE INTOXICATING LIQUOR LICENSE TO CHI -CHI'S MIDWEST, INC., DBA CHI -CHI'S MEXICAN RESTAURANTE. DEPT. APPROVAL Trevor A. Hampton, Chief of Pole _ _- -- MANAGER'S REVIEW /RECOMMENDATION: ' No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached no) Chi -Chi's Midwest, Inc. has applied for a Class B and Sunday On -Sale Intoxicating Liquor License, for the establishment located at 2101 Freeway Boulevard within the City of Brooklyn_ Center. This location has been owned and operated by GBM of Minnesota as a franchise operation. Chi -Chi's Midwest, Inc., the parent company, will be purchasing said establishment. Chi -Chi's Midwest, Inc. is a privately held corporation with 100% of its stock being held by CCMR, Inc., a Kentucky corporation. Both CCMR, Inc. and Chi -Chi's Midwest, Inc. are subsidiaries of Food Makers, Inc., a Delaware corporation, which is a publicly held corporation traded on the New York Stock Exchange. Chi -Chi's Midwest, Inc., does have local offices at 2901 Metro Drive, #500, in Bloomington, Minnesota. Chi-Chi's Midwest, Inc. already as assumed or will be assuming in the near future ownership and Y g P operation of the Chi -Chi's Mexican Restaurantes located in Burnsville, Duluth, Maplewood, Minneapolis, Eden Prairie, Richfield, Minnetonka and St. Paul. A thorough background investigation was conducted by Investigator Donald Spehn regarding the on -site General Manager, corporate officers and the corporation itself. Nothing was found in that investigation under State Statute or City Ordinance that would preclude the issuance of a new license at this time. RECOMMENDED CITY COUNCIL ACTION The City Council approve issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to Chi -Chi's Midwest, Inc., dba Chi -Chi's Mexican Restaurante. 15a, Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF A CLASS B AND SUNDAY ON- SALE INTOXICATING LIQUOR LICENSE TO CHI -CHI'S MIDWEST, INC., DBA CHI -CHI'S MEXICAN RESTAURANTE. WHEREAS, Chi -Chi's Midwest, Inc. has applied for a Class B and Sunday On -Sale Intoxicating Liquor License for its establishment located at 2101 Freeway Boulevard within the City of Brooklyn Center; and WHEREAS, this Chi -Chi's location has previously been owned and operated by GBM of Minnesota as a franchise operation which is soon to be purchased by Chi -Chi's Midwest, Inc., the parent company; and WHEREAS, Chi -Chi's Midwest, Inc. is a privately held corporation with 100% of its stock being held by CCMR, Inc., a Kentucky corporation; and both CCMR, Inc. and Chi -Chi's Midwest, Inc. are subsidiaries of Food Makers, Inc., a Delaware corporation, which is a publicly held corporation traded on the New York Stock Exchange; and WHEREAS, a thorough background investigation was conducted by Investigator Donald Spehn regarding the on -site General Manager, corporate officers and the corporation itself and nothing was found in that investigation which would preclude the issuance of a license to Chi -Chi's Midwest, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of a Class B and Sunday On -Sale Intoxicating Liquor License to Chi -Chi's Midwest, Inc., dba Chi -Chi's Mexican Restaurante, is hereby approved. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date October 12.1M Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., DBA SUPERAMERICA, STORE NUMBER 4058, LOCATED AT 1901 57th AVENUE NORTH WITHIN THE CITY OF BROOKLYN CENTER. DEPT. APPROVAL: , Trevor A. Hampton, Chief of Polic MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached no) Birch Bru, Inc. has applied for an Off -Sale Non - Intoxicating Malt Liquor License for its establishment located at 190157th Avenue North within the City of Brooklyn Center. In the past, Birch Bru, Inc. has been a wholly -owned subsidiary of SuperAmerica Group, Inc., which has been a wholly -owned subsidiary of Ashland Oil, Inc. On September 30, 1993, SuperAmerica Group, Inc. merged with its parent company, Ashland Oil, Inc., and Birch Bru, Inc. became a wholly -owned subsidiary of Ashland Oil, Inc. However, there will be no change in SuperAmerica or Birch Bru, Inc.'s business name, type of business, bank accounts or employees as a result of this merger. After reviewing the facts of this application, the police department can find no reason why the issuance of an Off -Sale Non - Intoxicating Malt Liquor License in the name of Birch Bru, Inc. should not be approved for the SuperAmerica location at 1901 57th Avenue North. RECOMMENDED CITY COUNCIL ACTION The City Council approve issuance of an Off -Sale Non - Intoxicating Malt Liquor License to Birch Bru, Inc., dba SuperAmerica, store number 4058, located at 1901 57th Avenue North within the City of Brooklyn Center. 1-516 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF AN OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., DBA SUPERAMERICA, STORE NUMBER 4058, LOCATED AT 1901 57TH AVENUE NORTH WITHIN THE CITY OF BROOKLYN CENTER. WHEREAS, Birch Bru, Inc. has applied for an Off -Sale Non - Intoxicating Malt Liquor License for its establishment located at 1901 57th Avenue North within the City of Brooklyn Center; and WHEREAS, Birch Bru, Inc. has been a wholly -owned subsidiary of SuperAmerica Group, Inc. which is wholly -owned by Ashland Oil, Inc.; and WHEREAS, on September 30, 1993, SuperAmerica Group, Inc. did merge with its parent company, Ashland Oil, Inc., and Birch Bru, Inc. became a wholly -owned subsidiary of Ashland Oil, Inc.; and WHEREAS, there will be no change in SuperAmerica or Birch Bru, Inc's business name, type of business, bank accounts or employees as a result of this merger. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of an Off -Sale Non - Intoxicating Malt Liquor License to Birch Bru, Inc., dba SuperAmerica, is approved for store number 4058, located at 1901 57th Avenue North within the City of Brooklyn Center. Date o so T dd 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 October 12, 1993 Agenda Item Number �.SC 0 REQUEST FOR COUNCIL CONSIDERATION ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., DBA SUPERAMERICA, STORE NUMBER 4160, LOCATED AT 6545 WEST RIVER ROAD WITHIN THE CITY OF BROOKLYN CENTER. DEPT. APPROVAL: Trevor A. Hampton, Chief of Police MANAGER'S REVIEW /RECOMMENDATION: V No comments to supplement this report Comments below /attached ******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** • SUMMARY EXPLANATION: (supplemental sheets attached no) Birch Bru, Inc. has applied for an Off -Sale Non - Intoxicating Malt Liquor License for its establishment located at 6545 West River Road within the City of Brooklyn Center. In the past, Birch Bru, Inc. has been a wholly -owned subsidiary of SuperAmerica Group, Inc., which has been a wholly -owned subsidiary of Ashland Oil, Inc. On September 30, 1993, SuperAmerica Group, Inc. merged with its parent company, Ashland Oil, Inc., and Birch Bru, Inc. became a wholly -owned subsidiary of Ashland Oil, Inc. However, there will be no change in SuperAmerica or Birch Bru, Inc.'s business name, type of business, bank accounts or employees as a result of this merger. After reviewing the facts of this application, the police department can find no reason why the issuance of an Off -Sale Non - Intoxicating Malt Liquor License in the name of Birch Bru, Inc. should not be approved for the SuperAmerica location at 6545 West River Road. RECOMMENDED CITY COUNCIL ACTION The City Council approve issuance of an Off -Sale Non - Intoxicating Malt Liquor License to Birch Bru, Inc., dba SuperAmerica, store number 4160, located at 6545 West River Road within the City of Brooklyn Center. /J Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING ISSUANCE OF AN OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE TO BIRCH BRU, INC., DBA SUPERAMERICA, STORE NUMBER 4160, LOCATED AT 6545 WEST RIVER ROAD WITHIN THE CITY OF BROOKLYN CENTER. WHEREAS, Birch Bru, Inc. has applied for an Off -Sale Non - Intoxicating Malt Liquor License for its establishment located at 6545 West River Road within the City of Brooklyn Center; and WHEREAS, Birch Bru, Inc. has been a wholly -owned subsidiary of SuperAmerica Group, Inc. which is wholly -owned by Ashland Oil, Inc.; and WHEREAS, on September 30, 1993, SuperAmerica Group, Inc. did merge with its parent company, Ashland Oil, Inc., and Birch Bru, Inc. became a wholly -owned subsidiary of Ashland Oil, Inc.; and WHEREAS, there will be no change in SuperAmerica or Birch Bru, Inc's business name, type of business, bank accounts or employees as a result of this merger. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the issuance of an Off -Sale Non - Intoxicating Malt Liquor License to Birch Bru, Inc., dba SuperAmerica, is approved for store number 4160, located at 6545 West River Road within the City of Brooklyn Center. 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 Coamed Mceting Date 10 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LICENSES DEPT. APPROVAL: Sharon Knutson, Deputy City Clerk R MANAGER'S REVIEW/RECOAMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached is the list of licenses to be approved by the city council. RECOMMENDED CITY COUNCIL ACTION Approve licenses. icenses to be approved by the City Council on October 12, 1993: CHRISTMAS TREE SALES LOT PQT Company 5616 101st Ave. N. Weber's Greenhouse 5040 Brooklyn Blvd. Jerry's NewMarket 5801 Xerxes Ave. N. City Clerk �k COMMERCIAL KENNEL Brooklyn Pet Hospital 4902 France Ave. N. _ City Clerk ,11 k- GARBAGE AND REFUSE COLLECTION VEHICLES Borg Securing, Inc. 16463 Round Lake Blvd. Qa Q,r Waste Control 95 West Ivy Ave. City Clerk MECHANICAL SYSTEMS Newmech Companies, Inc. 1633 Eustis Street Sheetmetal Plus, Inc. 107 Division Street l; Building Official L MENTAL DWELLINGS: Initial: Pamela Sipe 5331 Logan Ave. N. Renewal: Ralph C. Johnson 5444 Bryant Ave. N. Brooklyn Center Church of Christ 6219 Dupont Ave. N. Stephen and Karen Cook 5306 Russell Ave. N. Swanson Investments 7240 West River Road Norton Rockler 1329 63rd Lane N. Virginia Dennis 5329 72nd Circle N. Director of 4k- Community Development GENERAL APPROVAL: J&A.,�M �gz� Sharon Knutson, Deputy City Clerk