HomeMy WebLinkAbout1992 10-26 CCP Regular Session CITY COUNCIL AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 26, 1992
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 form the consent agenda and considered in its
normal sequence on the agenda.
7. Approval of Minutes:
*a. October 13, 1992 - Regular Session
8. Public Hearing: (7:30 p.m.)
a. Public Hearing Regarding Special Assessments for West
River Road Improvement Project No. 1988 -18 (Continued
Hearing from September 14, 1992)
1. Resolution Certifying Special Assessments for West
River Road Improvement Project No. 1988 -18 to the
Hennepin County Tax Rolls
9. Ordinances: (7:15 p.m.)
a. An Ordinance Amending Chapter 35 of the City Ordinances
Regarding General Standards for Planned Unit Developments
-This ordinance was offered for a first reading on
September 28, 1992, published in the City's official
newspaper on October 7, 1992, and is offered this evening
for a public hearing and second reading.
b. An Ordinance Amending Chapter 35 of the City Ordinances
Regarding the Zoning Classification of Certain Land
-This ordinance was offered for a first reading on
September 28, 1992, published in the City's official
newspaper on October 7, 1992, and is offered this evening
for a public hearing and second reading.
CITY COUNCIL AGENDA -2- October 26, 1992
10. Discussion Items:
a. Request by Village Properties, the Owners of Evergreen
Park Manor Apartments, to Expand an Existing Agreement
with the City of Brooklyn Center to Acquire Additional
Land (This item was previously reviewed by the City
Council on October 13, 1992)
1. Resolution Amending the Approval of Application No.
85016 and Authorizing the Mayor and the City Manager
to Enter Into a Revised Agreement with the Owners of
the Evergreen Park Manor Apartments to Acquire
Additonal Land
b. Crime Statistics
C. Snow Storage Regulations
d. Capital Spending Policy
e. Report Regarding Air Quality Studies of the Civic Center
and the City Garage
1. Resolution Accepting Proposals for Phase II
Professional Services for Improvement Project No.
1992 -14, Air Quality Study for Civic Center and City
Garage, and Allocating Funds Therefore
f. Staff Report Regarding Policy and Procedures for Water
Meter Readings
g. Staff Report Regarding Ice Control Practices
h. Staff Report Regarding Public Education Program Regarding
Abatement of Water Pollution
i. Budget Work Session Dates
11. Resolutions:
*a. Expressing Recognition of and Appreciation for the
Dedicated Public Service of Edward Commers
*b. Authorizing the Issuance Jointly by City of Brooklyn
Center, City of Columbia Heights, City of Moorhead and
the Economic Development Authority of the City of
Robbinsdale of Their Single- Family Mortgage Revenue
Refunding Bonds, Taxable Series 1992A in the Aggregate
Principal Amount Not to Exceed $8,000,000, Residual
Interest Revenue Bonds, Series 1992B in the Aggregate
Principal Amount not to Exceed $2,000,000, and Residual
Interest Revenue Bonds, Series 1992C, in the Aggregate
Principal Amount Not to Exceed $1,000,000, Pursuant to
Minnesota Statutes, Chapters 462A, 462C, 469 and Section
471.59, and Approving and Authorizing the Execution of
Various Documents in Connection Therewith
CITY COUNCIL AGENDA -3- October 26, 1992
*c. Resolution Accepting Work Performed and Approving Final
Payment for Humboldt Avenue Sidewalk /Trailway,
Improvement Project No. 1991 -16 and Sidewalk Replacement/
Miscellaneous Locations, Improvement Project No. 1992 -13,
Contract 1992 -I
*d. Resolution Accepting Work Performed and Approving Final
Payment for House Removal - 4100 51st Avenue North,
Improvement Project No. 1992 -12, Contract 1992 -J
*e. Amending Year XVIII Urban Hennepin County Statement of
Projected Use of Funds
-This amendment would provide for the business
expansion /retention study to be funded from CDBG funds
*f. Designating the City's Northeast Neighborhood for
Neighborhood Preservation Under the Minnesota Housing
Finance Agency's Multi - Family Blighted Property Removal
Program
-This resolution is required to be submitted with the
City's grant request to the Minnesota Housing Finance
Agency under its multi - family blighted property removal
grant program
*g. Authorizing Execution of a Contract with First of Omaha
for Credit Card Services in the Municipal Liquor Stores
12. Announcement of Special City Council Meeting to Canvass the
November 3, 1992, Municipal General Election Returns
*13. Licenses
14. Adjournment
CITY OF BROOKLYN CENTER Council Meeting Date October 26, 1992
Agenda Item Numbe
REQUEST FOR COUNCIL CONSIDERATION
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ITEM DESCRIPTION:
CITY COUNCIL MINUTES OF OCTOBER 26, 1992 - REGULAR SESSION
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DEPT. APPROVAL:
pddal
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Patti A. Page, De ty City Clerk
MANAGER'S REVIEW/RECOM MNDATION:
No comments to supplement this report Comments below /attached
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SLNMARY EXPLANATION: (supplemental sheets attached )
•
RECOMMENDED CITY COUNCIL ACTION
MINUTES OF THE f'ROGEEDINGS OF THE CITY COUNCIL
OF THE CITY OF BROOKLYN CENTER IN THE COUNTY
OF HENNEPIN AND THE STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 13, 1992
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in regular session and was called to order by Mayor
Todd Paulson at 7 p,m.
ROLL CALL
Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, and Philip Cohen.
Councilmembcr Dave Rosene arrived at the meeting at 9:35 p.m, Also present were City
Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul
Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie
LeFevere and Council Secretary Nancy Berg.
OPENING CEREMONI
A moinunt of silence was observed,
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.
COUNCIL REPORTS
Mayor Paulson informed the Council the Human Rights and Resources meeting scheduled
for October 15 has been rescheduled to October 21, 1992, at 7 p.m.
Mayer Paulson announced the winners of the September recycling awards. He congratulated
John Poppen, Harriet Day, Timothy Beaufeaux, Richard Miller and Oeorge Hoffman.
Councilmember Cohen distributed a memorandum to Mayor Paulson and members of the
City Council in regard to establishing a capital spending policy.
Councilmember Cohen suggested this request be referred to the Financial Commission for
their consideration and recommendations, and it be put on as an agenda item at the next
Council meeting,
10/13/92 - 1 -
Councilmember Pedlar asked the date of the next Financial Commission meeting. The City
Manager stated the next meeting is scheduled for Monday, October 19.
Councilmember Pedlar asked staff to provide the Financial Commission with Councilmember
Cohen's memorandum, before their next meeting so Council will have commentary back from
them by the next Council meeting,
Mayor Paulson stated then the Financial Commission would be addressing this issue prior
to the Council.
Councilmember Pedlar stated the Financial Commission would merely be provided
Councilmember Cohen's memorandum, and if they want to officially address it that is up to
them.
Mayor Paulson asked staff to put the matter of establishing a capital spending policy on the
next council agenda as a discussion item.
Councilmember Pedlar stated he had been contacted by Commissioner Bernards to who
requested the Council fill the vacancy on the Planning Commission, Councilmember Pedlar
asked the matter of the Planning Commission vacancy be placed on the next Council agenda.
Mayor Paulson asked staff to advertise the vacancy in the local papers. Councilmember
Pedlar stated Council has a number of applications from before, and asked if the Mayor was
suggesting renewing the process. Mayor Paulson answered yes, start over as the applications
On file arc from last slimmer, C.ouncilmembcr Pedlar stated the Council should move
forward with the applications presently on file. Mayor Paulson asked Councilmember Pedlar
if he would object to advertising in the paper, Councilmember Pedlar answered no, he
would not object. Councilmember Pedlar stated he is suggesting the Council has
applications now, and we must move forward with filling the vacancy.
The consensus of the Council was to direct staff to advertise the vacancy and follow the
process as previously approved,
APPROVAL OF AGENDA AND CONSENT AGENDA
Mayor Paulson inquired if any Councilmembers requested any items re removed from the
consent agenda. None were .made.
APPROVAL OF MINUTES
SEPTEMBER 25. 1992 - REGULAR SESSION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
approve the minutes of September 28, 1992, regular session as printed, The motion passed
unanimously.
10/13/92 -2-
APPOINTMENT OF ELECTION JUDGES: ADDITIONAL ELECTION JUDGES FOR
NOVEMBER 3, 1992. GENERAL ELECTION
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
approve the appointment of additional election judges for the November 3, 1992, General
Election. The motion passed unanimously.
RESOLUTIONS
RESOLUTION NO. 92 -236
Munibcr Ccliu Scutt intruduuud the following rubulutiun and inuvud its aduptiuli:
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF HEALTH CARE
REVENUE BONDS, SERIES 1992 (GROUP HEALTH PLAN, INC;. PROJECT)
The motion for the f
e o the foregoing esolution was duty seconded b member Jerry
$ Y Y
Pedlar, and the motion passed unanimously,
RESOLUTION NO 92 -237
Mumbor Celia Scott introduced the following resolution and moved its adoption;
RESOLUTION APPROVING CHANGE ORDER NO. 3 TO 69TH AVENUE
RECONSTRUCTION, PHASE II, CONTRACT 1992 -B
The motion for the adoption of the foregoing resolution n
was duly seconded b member Jerry
P $ $ y Y
Pedlar, and the motion passed unanimously,
RESOLUTION NO. 92 -238
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE
REMOVAL OF DISEASED TREES (ORDER NO, DST 14/14/92)
The motion for the adoption of the foregoing resolution dul seconded b Jerry
e
Pedlar, and the motion passed unanimously,
isly was y Y member e
RESOLUTION NO 92-239
Member Celia Scott introduced the following resolution and. moved iW adoption:
RESOLUTION APPROPRIATING FUNDS AND AUTHORIZING THE WATER
UTILITY FUND TO PURCHASE A GASH DRAWER AND RECEIPT PRINTER TO
REPLACE THE CASH REGISTER AT THE RECEPTION DESK
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
10/13/92 -3-
PE RFORMANCE BOND RELEASE
There was a motion by C-Ouncilmcmhcr Scott and seconded by Councilmember Pedlar to
approve a performance bond release for Brookdale, Pontiac. The motion passed
unanimously.
CONSIDERATION OF SPE IFI 12 LICEN
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
approve a Class B and Sunday On -Sale Intoxicating Liquor License for Days Inn. The
motion passed unanimously.
LICENSES
Th ere was a motion b Scott and seconded h
y by Caunc�Imem er Pedlar to
approve the fallowing list of licenses;
COMMERCIAL KENNEL
Snyder Brothers Drug Store 1296 Broukdale Center
FOOD ESTABLISHMENT
Luthuran Church of the
Triune God Preschool 5827 Humbolt Avenuc N.
ITINERANT FOOD ESTABLISHMENT
St. Alphonsus Catholic Church 7025 Halifax Avenue N.
MECHANICAL SYSTEMS
Air One Mechanical CA)rporation 6317 Wulcome Avenue N.
Unique Air, Inc. 4748 Nicollct Avenue S.
RENTAL DWELLINGS
Initial:
GFS of Minnesota, Inc. Brookside Manor Apts.
Fredric M, Guthrie 5843 Fremont Avcnuc N.
Renewal:
Burgundy Properties, Inc. Hi Crest Apts,
Lang Nelson Associates Twin Lake North Apts;
Rena B. Johnson 5324 Bryant Avenue N.
Paul Hinek 4715 France Avenue N.
SIGN HANGER
William Forster Corporation 1050 Plastermill Road
The motion passed unanimously.
10/13/92 -
DISCUSSION ITEMS
EARLE
BRAWN NEIQHBORHOQD ADVISORY COMMITTE
IMPROVEMENT a
The City Manager reported on October 1 the Earle Brown Neighborhood Advisory
Committee (EBNA.C) met with the extended grolip of citizens from the southeast
neighborhood. He further stated following discussion of the information presented by City
staff and discussions with citizens who attended the meetings, EBNAC voted to recommend
that staff proceed with the development of a feasibility study covering potcnt:ial
improvements in the area between 53rd and 55th Avenues, between Centerbrook Golf
Course and Interstate Highway 194,
Councilmember Scott asked if Brooklyn Center City engineers will be involved in the
supervision of consulting services for this project so it becomes a solution and not an
additional problem. The Director of Public Works answered yes, the City engineers will be
involved,
The City Manager presented a Resolution Accepting Proposals for Professional Services for
Development of a Feasibility Study of a Neighborhood Street Improvement Program,
RESOLUTION NO, 92 -240
Member Celia Scutt introduced the; fvllvwiiig resolution and moved its adoption.
RESOLUTION ACCEPTING PROPOSALS FOR PROFESSIONAL SERVICES FOR
DEVELOPMENT OF A FEASIBILITY STUDY OF A NEIGHBORHOOD STREET
IMPROVEMENT PROGRAM
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
Pedlar, and the motion passed unanimously.
STAFF REPORT REGARDING DRAINAGE PROBLEM IN THE VICINITY OF 671
AVENUE AND Pl;]&B ' 4yL
The City Manager presented the staff report regarding a drainage problem in the vicinity
of 67th Avenue and ferry Avenue. He explained since completion of I94/694 westerly of
Brooklyn Boulevard, the City has periodically received reports of flooding in the vicinity of
67th Avenue and Perry Avenue.
The Director of Public Works explained this is a problem that has been existing for some
time. He further explained staff has been working with MNDQT staff to attempt to address
this issue and reported that:
10/13/92 -5-
MNDOT has recognized the problem, and they have recommended that three 24 -inch
diameter concrete pipe culverts be installed through the noise wall with concrete
aprons, and with trash guards.
MNDOT has proposed to install these proposed culverts, (including reinforcement
of the noise wall, ditching, etc,) at a cost to them of about $15,000 if the City agrees
to purchase the necessary culverts, aprons, and trash guards,
City Engineer Maloney has requested and received two proposals for furnishing the
culvert, aprons and trash guards. The lowest cost proposal, as submitted by North
Star Concrete is in the total amount of $3
MNDOT has already completed the clean out of their downstream ditch from the
location where the culverts will drain into MNDOT's ditch.
The City Manager presented a Resolution Establishing Project No. 1992 -25, Installation of
Culverts Near the intersection of 67th Avenue and Perry Avenue, Approving Agreement
with Minnesota Department of Transportation, and Allocating Funds Therefore,
RESOLUTION NO, 92 -241
M -.mbGr Celia Scott isitr the following resolution and moved its adoption:
RESOLUTION ES'T'A)3LISHING PROJECT NO. 1992 -25, INSTALLATION OF
CULVERTS NEAR THE INTERSECTION OF 67TH AVENUE AND PERRY
AVENUE, APPROVING AGREEMENT WITH MINNESOTA DEPARTMENT OF
TRANSPORTATION, AND ALLOCATING FUNDS THEREFORE
The motion for the adoption of the foregoing resolution was duly seconded by member Jerry
pedlar, and the motion passed unanimously.
ORDINANCES
The City Manager presented an Ordinance Amending Chapter 27 -120 of the Brooklyn
Center Code of Ordinances, Prohibiting Parking on City Streets between the Hours of 2 a.m.
and 6 a.m. He indicated this ordinance was first read on September 14, 1992, published in
the City's official newspaper on September 23, 1992, and is offered this evening for a second
reading.
Councilmember Pedlar asked if the only reason for the parking restriction is for snow
removal. The City Manager answered it is easier for the police department if the streets are
clear,
Councilmember Cohen stated as a follow -up the police and neighborhood crime prevention
groups have been instructed to call if a strange car is parked in their neighborhood.
10/13/92 - b -
Councilmember Pedlar expressed concern for citizens who might have gatherings lasting
after 2 a.m, and asked if any exceptions will be made in such circumstances. The City
Manager suggested paragraph 4 be added to the ordinance as follows~
4. The Chief of Police or his/her designee may allow short -term exceptions to the
above stated parking restrictions under certain circumstances if requests for
such exceptions are submitted to the Police Department at least two hours
prior to the time period for which the exception is requested, and if he/she
determines that the granting of such exceptions will not create problems
affecting the health and safety of the citizens or unduly affect traffic
movements or street maintenance operations.
Specific examples of events for which exceptions may be granted if all
conditions are met include but are not limited to: a) family gatherings for
special events such as weddings, graduations, anniversaries, and funerals in
residential areas; b) civic events such as community celebrations and parades;
c) reconstruction or resurfacing of driveways; and d) out of state visitors with
large RVs,
Councilmember Scott stated she has checked with other communities and more and more
are going with this type of restriction, She encouraged neighborhood crime watch cfforLs,
and agreed special exceptions should be allowed,
Mayor Paulson asked if a warning could be issued first until residents are made aware of the
new ordinance, The City Manager stated yes, it i$ the policy of the City to issue warnings
for at least 30 days after a new ordinance has been approved.
Councilmember Cohen suggested the ordinance be published in the City Manager's
Newsletter and also in the local newspapers.
Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance
Amending Chapter 27 -120 of the Brooklyn Center Code of Ordinances, Prohibiting Parking
on City Streets between the Hours of 2 a,m, and 6 a.m. at 7.25 p.m. He inquired if there
was anyone present who wished to address the Council. No one appeared to speak, and he
entertained a motion to close the public hearing.
There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to
close the public hearing at 7;26 p.m. The motion passed unanimously.
ORDINANCE NO, 92 -16
Member Celia Scott introduced tho following ordinance and moved its adoption:
10/13/92 - 7 -
AN ORDINANCE AMENDING CHAPTER 27 -120 OF THE BROOKLYN CENTER
CODE OF ORDINANCES, PROHIBITING PARKING ON CITY STREETS BEI
THE HOURS OF 2 AM, AND 6 A.M.
The motion for the adoption of the foregoing ordinance was duly seconded by member
Philip Uhen.
The City Manager asked Council if they were including paragraph 4.
There was a motion by member Celia Scott and seconded by member Jerry Pedlar to amend
the motion to include paragraph 4, The motion passed unanimously.
The motion as amended passed unanimously.
The City Attorney informed staff on the printed form of the Ordinance, all of paragraph 4
must be underlined as it is an addition to the Ordinance.
PUBLIC HEARING
INITIAL APPLICATION FOR PRIVATE KENNEL LICENSE, DE13RA L SCHLICK
6727 PERRY "NUE NORTH
The City Manager presented the initial application for a private kennel license at 6727 Perry
Avenue North. He explained the City Ordinance and informed Council of his denial of the
application.
Mayor Paulson opened the meeting for the purpose of a public hearing on the application
for rivr nn Avenue o .n it
p ate kennel license at 6727 Perry e North at 7.35 p 1. He inquired if there was
anyone present who wished to address the Council.
Debra Schlick, 6727 Perry Avenue North, stated she has lived in the same house for 19
years, she is a single mother, and she has been harassed by one neighbor. She further stated
all of her animals taken in have been strays. She said she had moved out of Brooklyn
Center for one ear, and when she returned she brought three dos with her, Ms. Schlick
Y , l5 g
stated site is only asking for the kennel license until spring so she will have time to phase
out the third dog.
Leah Korri, 6739 Perry Avenue North, stated she just moved into the neighborhood in
November. She said she was Concerned about neglect of the animals. She explained the
dogs are large and need room to run and get exercise. She further stated the dog houses
are too small for the animals, and one dog chased a neighbor boy.
10/13/92 - 8 -
Kathy Litzau, 6733 Perry Avenue North, stated her husband had talked to Ms. Schlick about
putting up a privacy fence with Mr. Litzau doing the work and the cost of the materials to
be split by Ms. Schlick and Mr. Litzau. Ms. Litzau stated Ms. Schlick agreed to this, but did
not pay. She further explained the dogs are outside all the time and they bark continually.
Greg Litzau, 6733 Perry Avenue North, stated he has never antagonized the dogs, and
children have been Chased by the dogs. He presented photos to the Council showing the
large holes in Ms. Schlick's back yard, and the undersized dog houses.
Councilmember Scott noted one neighbor's letter of complaint stated Ms. Schlick has 13
cats. She asked Ms. Litzau if this was true. Ms. Litzau answered she did not know exactly
how many cats, but did know of at least five or six cats. Ms. Litzau also stated there are
rodents in the garage because the animal's food is not stored in rodent -proof containers.
A resident of 6727 Perry Avenue North stated one of the dogs occasionally broke loose to
play with the neighborhood children, He stated the neighbor who is complaining is a drunk
and he tries to run the neighborhood,
Ms. Debra Schlick stated there are no large holes in her back yard, only small holes. She
further denied having mice in the garage, and said she has only three cats.
Councilmember Scott asked Ms. Schlick about the condition of her home when she rented
it out, Councilmember Scott stated she had been called to 6727 Perry Avenue North by the
new tenants because the garage was full of garbage, the yard had many large holes, and the
house absolutely reeked. Ms. Schlick answered the tenant moved in three days early, and
she had returned to clean up. Ms. Schlick further stated the tenants destroyed the house
and were dealing drugs.
Councilmember Scott asked Ms. Schlick why she kept the dogs outside when she had stated
the dogs get injured when left outside. Ms. Schlick answered because she has a small house,
and she should be able to leave them outside.
Ms. Korri stated she had recently been threatened by Ms. Schlick if her dog was ever loose,
Ms, Schlick would report her to the police. Ms. Korri further stated there are large holes
in Ms. Schlick's yard,
Councilmember Cohen addressed Greg Litzau stated the issue before the Council is a
kennel license, but the neighborhood relations seem to be a more pressing matter.
Councilmember Cohen asked Mr. Litzau if he would go to mediation with Ms. Schlick. Mr.
Litzau stated no, this has been tried before,
Councilmember Cohen stated the Council is going to make a decision this evening on the
unless the try
have problems
will continue to Y
kennel license, but the neighborhood
mediation.
10/13/92 - 9
Councilmember Pedlar agreed with Councilmember Cohen that the Council can uphold the
Ordinance, but it is not going to resolve the issue. Ms. Schlick can still have two dogs, and
the barking will still exist,
Mr. Litzau agreed to go to mediation after tonight.
Dave Schmidt, 7224 73rd Avenue North, asked why is it so hard to obtain a kennel license.
The City Manager explained the ordinance to Mr. Schmidt.
Nis. Schlick stated she will finish fencing in her yard as soon as possible, and the health
department had no concerns other than the size of the dog houses, She explained the dug
houses have been switched to give the larger house to the larger dog.
There was a motion by Councilmember Scott and seconded by Councilmember Cohen to
close the public hearing at 8 :06 p.m. The motion passed unanimously.
Councilmember Cohen stated the Council had also dealt with this issue at the last Council
meeting, and it is the general feeling of the Council that the City is not a place to have
kennels. He explained the Council understands the difficulties of phasing out a dog the
owners love. Councilmember Cohen suggested Ms, Schlick and Mr. Litzau go to mediation
as soon as possible. He further stated his support of the City Manager's recommendation
for the thrce dogs to be phased to two dogs in the next three months,
-Councilmember Pedlar agreed with Councilmember Cohen and with the staff 0
recommendation. He stated this issue is so much deeper, and he appreciated Mr. Litzau's
willingness to attend mediation. He further stated he was surprised people who invest in
property live in a situation which is so uncomfortable, and he sincerely hoped they can work
it out. He told Mr. Ljtzau and Ms. Schlick they were using the Police Department for issues
that should be resolved through mediation,
There was a motion by Councilmember Cohen and seconded by Councilmember Pedler to
uphold the City Manager's recommendation and deny a kennel license and allow a maximum
of three months to Come into compliance with City Ordinances which require no more than
two dogs on the premises. The motion passed unanimously.
ORDINAN E (Continued
The City Manager prosontcd An Ordinance Amending Chapter 35 of the City Ordinances
Relating to Side Yard Setbacks in Commercial and Industrial Districts. He indicated this
ordinance was offered for a first reading on September 14, 1992, published in the City's
official newspaper on September 23, 1992, and is offered this evening for a public hearing
and second reading.
10/13/92 - 10 -
Mayor Paulson opened the meeting for the purpose of a public hearing on An Ordinance
Amending Chapter 35 of the City Ordinances Relating to Side Yard Setbacks in Commercial
and Industrial Districts at 8 ;14 p.m. He inquired if there was anyone present who wished
to address the Council, No one, appeared to speak, and he entertained a motion to close
the public hearing.
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
close the public hearing at 8 ;14 p.m. The motion passed unanimously.
ORDINANCE NO. 92 -17
Member Colia Scott introduced the following ordinance and moved its adoption;
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
RELATING TO SIDE YARD SETBACKS IN COMMERCIAL AND INDUSTRIAL
DISTRICT'S
The motion for the adoption of the foregoing ordinance was duly seconded by member
Philip Cohen. The motion passed unanimously.
DISCUSSION ITEMS (Continued)
STAFF REPORT REGARDING TREE PLANTING
'1'he City Manager presented the staff report regarding tree planting, explaining the 1992
budget includes a total of $14,050 for tree planting.
The Director of Public Works further explained the park and boulevard replacement trees
are normally purchased and planted in the spring, however this year staff did not purchase
the trees in the spring as this funding had been identified to be cut if budget reductions were
necessary. He further stated once the decision was made to keep the funding, staff obtained
proposals for B &B trees. The lowest cost proposal was submitted by Minnesota Valley
Nursery and the nursery was recently quarantined by the Minnesota Agriculture Department
because of the Presence of Japanese beetles, The Director of Public Works recommended
Council approve by motion the carry over of funds from 1992 to 1993 for tree planting and
for reforestation.
Councilmember Scott asked if the Minnesota Agriculture Department will check the
nurseries which have been quarantined again. The Director. of Public Works answered yus
the trees will have to be approved for planting.
Councilmember Scott reported an individual at the last Council meeting disapproved of
Brooklyn Center's handling of diseased trees, however she had received many calls in favor
of Brooklyn Center's aggressive handling of the diseased trees.
10/13/92
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
carry over the funds from 1992 to 1993 for tree planting and for reforestation. The motion
passed unanimously.
REQUEST BY VILLAGE PROPERTIES, THE OWNERS OF EVERGREEN PARK
M& LQIR AP ARTMENTS, TO EXPAND AN EXISTING AUREEMENT WITH THE
CITY OF BRQ2 KLYN CENTER TO ACQ UIRE ADDITIONAL LAND
The City Manager presented the request by Village Properties, the owners of the Evergreen
Park Manor Apartments, to expand an cmisting agreement with the City of Brooklyn Center
to acquire additional land,
The Director Planning and Inspection explained the background of this request, and used
transparencies to show the area. He reported Village Properties is planning to convert sUmC
of the units to three bedroom apartments with the total number of units remaining at 80.
He continued to report if the Council believes the expansion of the agreement to be
consistent with the logic and findings made in 1985, it should authorize the Mayor and the
City Managcr to enter into a revised agreement, in a form and manner approved by the City
Attorney, with the owners of the Evergreen Park Manor Apartments assuring that they will
acquire excess right -of -way from MNDOT and shall Combine the property to the Evergreen
Park Manor Apartment complex through platting or registered land survey.
Councilmember Cohen asked the Director of Planning and Inspection if the agreement will
include approval for three - bedroom units, The Director of Planning and Inspection
answered no, this is an interior Change requiring no physical expansion or additions.
Councilmember Pedlar asked the applicants how they enforce the number of tenants per
unit limitation, and what is their percent of occupancy. Ken Solie of Village Properties
answered each person. is asked to identify themselves on the lease, and the apartment
managers are asked to monitor.
Councilmember Cohen asked Mr. Solie if they use low- income housing grants. Mr. Solic
answered no, because it is a long, involved prowls,
Councilmember Cohen asked Mr. Solie if they provide indoor recreational facilities. Mr.
Solie answered no.
Councilmember Scott asked if all eight of the three- bedroom units will be located in one
building. Mr. Solie answered no, they will be spread out, and it is not possible to convurl
anymore than four per building,
Councilmember Scott recommended the three - bedroom units be placed on the first floor as
there will probably be children in these units and if they run around it will not disturb
anyone below. Mr. Solie thankcd Councilmember Scott for the excellent idea.
10/13/92 -12-
Councilmember Cohen suggested the Council review Brooklyn Center's occupancy
requirements as a separate item. He asked staff to review this matter and then put on a
future Council agenda.
Mayor Paulson asked if residents living near these apartments have been notified about the
proposed three- bedroom apartments. Mr. Solie answered no, it was a matter they first
wanted to discuss with the Council.
Councilmember Pedlar stated he would like to receive public input on this project. He
further stated he would like to review the history of these buildings through police. reports
and fire department reports. Mr. Solic answered he has no problem with the Council
reviewing these reports, but asked that this matter be expedited as they would like to
proceed.
Councilmember Cohen asked if the land had to be acquired first. Mr. Solie answered
Village properties has acquired the rights to acquire, and has Signed agreements from the
landowners to convey the rights of the properties to Village Properties.
The City Attorney explained the Council does not have documents before them to
accomplish this right now. He further explained the building owners came to the Council
first to see if the Council approved the concept, The City Attorney stated the underlying
rights are secured, titles are filed, and the bond for general assumption of the property will
be acquired when the Highway Department releases it.
Mr. Solie explained the conveyance agreements with property owners have been secured as
have the declaration. He stated Village Properties do not want to proceed unless there is
approval by the Council.
There was a motion by Councilmember Scott and seconded by Councilmember Cohen to
request the Staff to prepare a resolution outlining the history of the request by Evergreen
Park Manor Apartments and authorizing the expansion of the existing agreement in a form
and manner approved by the City Attorney to include various conditions and restrictions to
assure that the agreement is properly executed and binding. This matter should be brought
back in two weeks along with the reports from the Police, Fire and inspection departments
as requested by Councilmember Pedlar.
Mayor Paulson stated concern for adding additional multi - family units in Brooklyn Center
and he would prefer these families purchase homes in the area, Mr. Solie suggested there
are many families who cannot afford to purchase homes and Village Properties would be
providing them a decent place to live.
Mayor Paulson asked how much rent will be charged for the three - bedroom units. Mr. Solie
answered they are still analyzing this matter, but probably in the $625 to $635 range.
10/13/92 - 13 -
I '
Jerry Cowan of Village Properties stated the statistics they have show there is really a -
demand for three - bedroom units as they are difficult to find,
Councilmember Cohen agreed with Mayor Paulson it is much better for families to live in
honks. He stated the City needs some type of homeowners association for single family
units.
Councilmember Pedlar stated if the reports he has requested come through positive, he will
agree to move forward on Councilmember Scott's motion, He further stated he is not
putting himself in a position of agreement as he still has some reservation.
Mayor Paulson stated the City Attorney and owners need to have a more committed answer
from the Council.
Councilmember Pedlar stated he would like to reserve the right to his final vote.
The City Attorney stated staff can get the resolution and report ready during the next two
weeks, He stated the applicants may or may not decide to exercise the rights to the deeds
until after the next Council meeting.
Mayor Paulson asked if the adjacent residents will be notified. The Director of Planning
and Inspection answered yes, if the Council wants, It was the general consensus of the
Council to notify the adjacent residents to the Evergreen Park Manor Apartments.
The motion es assed- 3 a 1 nay. Mayor Paulson voted na
P Y� . Y Y Y
1993 BUDGET FOR NORTH METRO CONVENTION AND TOURISM BUREAU
The City Manager presented the 1993 budget for the North Metro Convention and Tourism
Bureau for the Council's review, and recommended a motion by Council to accept or
acknowledge receipt of the budget.
There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to
accept the 1993 North Metro Convention and Tourism Bureau. The motion passed
unanimously,
PDATE ON BROOKLYN BOULEVARD STUDY
The City Manager presented an update on the Brooklyn Boulevard Study.
The Director of Planning and Inspection explained the Brooklyn Boulevard Study Task
Forcc is now in phase 2 which is the development of alternatives.
Mayor Paulson asked if the Task Force will have completed Phase 2 by October 20. The
Director of Planning and Inspection answered yes, it is possible.
10/13/92 - 14 -
The City Manager explained the City Council has expressed some concern about the
moratoriums placed on home occupation although no home occupations requests have bc;cii
received. Councilmember Pedlar stated there is a misconception about the moratorium on
Brooklyn Boulevard and asked the Director of Planning and Inspection to explain it. The
Director of Planning and Inspection said it is strictly related to the special home occupations
in the area of 400 feet either side of the Brooklyn Boulevard right -of -way.
Mayor Paulson asked if a meeting could be set up with the consulting firm of Dahlgren,
Shardlow, and Uban, The Director of Planning and Inspection said additional meetings
might require additional costs or add -ons but such a meeting could be arranged.
Councilmember Rosene arrived at 9:35 p.m.
METRO 2015: VISION AND GOALS
The City Manager explained thy; Metropolitan Council is in the process of developing a
Vision and Goals statement of what they believe the Twin City region should be in the year
2015. The Metropolitan Council has produced an initial document, which has received
mixed reviews, and the Metropolitan Council is in the process of modifying the initial
document. The City Manager provided Council with a copy of the revised document and
an additional document and staff report labeled the Metropolitan Development and
Investment Framework.
The City Manager stated it is staff's opinion the original document needs to be modified to
make more forceful statements in the area of housing, human services and balanced Vowth.
He further stated the Metropolitan Development and Investment Framework document
more thoroughly addresses some of the concerns missing from the initial document.
Councilmember Scott agreed with the City Manager.
The City Manager presented a letter from Elwyn Tinklenberg, President of the North Metro
Mayors Association, to Mr. James Krautkremer, Metro Council Member, which highlighted
thrcc areas of concern that the most recent draft does not address:
1, the subject of balanced growth in the metropolitan,
2. the subject of housing, social and human service needs adequately, and
3. the health and well -being of the core cities of Minneapolis and St. Paul as a
vital regional issue.
There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to
direct the City Manager to prepare a draft letter to respond Council concurs with Elwyn
Tinklenbcrg's letter, The motion passed unanimously.
10/13/92 - 15 -
ADJOURNMENT
There was a motion by Councilmember Pedlar, and seconded by Councilmemher Scott to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council
adjourned at 9:46 P .m.
Deputy City Clerk. Todd Paulson, Mayor
Recorded and transcribed by:
Nancy Berg
Northern Counties Secretarial Services
10/13/92 - 16 -
CITY OF BROOKLYN CENTER Council Meeting Date 10/26/92
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
PUBLIC HEARING REGARDING SPECIAL ASSESSMENTS FOR WEST RIVER ROAD IMPROVEMENT
PROJECT NO. 1988 -18 (CONTINUED HEARING FROM SEPTEMBER 14, 1992)
DEPT. APPROVAL:
Sy Knapp, D' 6tor of Public Works
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below/attkhed
SUMMARY EXPLANATION: (supplemental sheets attached Yes
The Council considered and certified special assessments relating to the West
• River Road improvement project at its September 10, 1990 meeting. At that
meeting, the owner of three parcels, Mr. Harold Swanson, objected in writing to
the proposed assessments against his properties at 7230 - 7250 West River Road.
At that meeting, the Council removed the proposed assessments against the three
properties from the levy roll, and moved to reconsider the assessments at a
future continued hearing.
The Council continued that public hearing on September 14, 1992. At that meeting
staff noted that Mr. Swanson had not provided the City with authorization to use
Assessor's data to complete an appraisal. Two options were recommended: that the
Council either choose to certify the assessment at the proposed amount, or to
continue the hearing and attempt one more time to complete an appraisal. Mr.
Swanson, who was in attendance, provided the necessary authorization for the
appraisal, and the Council agreed to continue the hearing to October 26, 1992.
RESULTS OF THE APPRAISAL
A special benefit appraisal was conducted on the Swanson properties by Mr. Brad
Bjorklund, a licensed real estate appraiser. Mr. Bjorklund has extensive
appraisal experience, and has conducted special benefit appraisals for the City
in other special assessment appeals. Mr. Swanson has received a copy of this
appraisal.
Mr. Bjorklund used an income approach to estimate the value of the special
benefit. Among Mr. Swanson's objections to the special assessment was the
statement in his written objection dated August 28, 1992 that his rents had
actually declined since the street improvement project, and his vacancies had
• gone up. Mr. Bjorklund's analysis shows that the gross rents increased after the
project, and then declined for reasons other than the project, including a fire
in one of the buildings. The analysis also shows that other rental properties in
the area supported a rent increase in the past year, including a duplex next door
to the Swanson properties, and an apartment building on 73rd Avenue in Brooklyn
Park, across the street.
The special benefit attributed to the street improvement project by the appraiser
is $11,300. This is a portion of the amount which the appraiser believes could
have been collected from rent increases, if the other factors mentioned above had
not affected Mr. Swanson's ability to raise rents.
OTHER INFORMATION
Mr. Swanson in his August 28, 1992 objection also notes that he believes he
receives no benefit from the trail and utility improvements constructed along
with the street improvement project, and should not be assessed for them. It
should be noted that the Public Utility Funds were used to pay the entire cost of
utility improvements, and the State Aid -Local Fund was used to pay the entire
cost of the trail. The proposed special assessment, as with any proposed special
assessments for street improvement projects, represents the property owners'
share of the street improvement. Multiple family, commercial, and industrial
properties are assessed at a higher rate than residential properties because
those land uses generate more traffic than the average residential property.
• RECOMMENDED CITY COUNCIL ACTION
1. Continue the public hearing, then close the hearing.
2. Following the public hearing, the Council should again consider certifying
assessments to the tax rolls. It is recommended that the proposed
assessments be reduced from a total of $19,902.66 to a total of $11,300.
The following motion is suggested:
Move ... to reduce the total special assessments relating to properties
at 7230, 7340 and 7250 West River Road from $19,902.66 to $ ,
with assessments to each property to be proportioned on an area
basis.
3. A resolution adopting the special assessment levy roll as amended by the
Council's motion is attached for Council consideration.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION CERTIFYING PEC
S IAL ASSESSMENTS FOR WEST RIVER ROAD
IMPROVEMENT PROJECT NO. 1988 -18 TO THE HENNEPIN COUNTY TAX
ROLLS
WHEREAS, pursuant to proper notice duly given as required by law the
City Council met on September 10, 1990 and heard all objections to the
proposed Special Assessments Levy No. 11799 for the following improvement:
West River Road Improvement
Improvement Project No. 1988 -18
then moved to reconsider the assessments against the properties owned by
Harold Swanson at 7230, 7240 and 7250 West River Road at a future continued
hearing; and
WHEREAS, pursuant to proper notice duly given as required by law
continued hearings were conducted on September 14, 1992 and October 26, 1992
at which time all objections to the proposed assessment to the properties at
7230, 7240 and 7250 West River Road as shown on Special Assessment Levy No.
12530 (renumbered portion of the continued hearing from Levy No. 11799) were
heard and passed upon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. Such proposed Special Assessment Levy No. 12530, relating to
properties at 7230, 7240 and 7250 West River Road, made a part
hereof, is hereby accepted as amended by motion of this Council and
shall constitute the special assessment against the lands named
therein, and each tract of land therein included is hereby found to
be benefitted by the improvement in the amount of the assessment
levied against it.
2. The assessment shall be payable in equal annual installments
extending over a period of twenty (20) years as indicated on the
assessment roll. The first of the installments shall be payable
with ad valorem taxes in 1993, and shall bear interest at the rate
of ten (10) percent per annum from October 1, 1992. To the first
installment shall be added interest on the entire assessment from
October 1, 1992 until December 31, 1993. To each subsequent
installment, when due, shall be added interest for one year on all
paid installments.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the whole
of the assessment, with interest accrued to the date of payment, to
the City Treasurer, except that no interest shall be charged if the
entire
assessment is aid within days 30 d from t adoption of this
p he
y P
resolution; and he may, at any time thereafter, pay to the City
RESOLUTION NO.
Treasurer the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is
made. Such payment must be made before November 15, or interest
will be charged through December 31 of the succeeding year.
4. The Deputy City Clerk shall forthwith transmit a certified duplicate
of this assessment to the County Auditor to be extended on the
proper tax lists of the county, and such assessments shall be
collected and paid over in the same manner as other municipal taxes.
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.
I
BCL APPRAISALS
WORKLUND, CARUFEL, LACHENMAYER, INC.
2852 ANTHONY LANE SO., MINNEAPOLIS, MINNESOTA 55418 (612) 781 -0605 Fax: 7817826
BRAD BJORKLUND MAI REAL ESTATE APPRAISERS
AL CARUFEL MAI &
RON LACHENMAYER sRA October 15, 1992 CONSULTANTS
City of Brooklyn Center
c/o Charles L. LeFevere
Holmes & Graven
470 Pillsbury Center
Minneapolis, Minnesota 55402
Re: Special Benefit Estimate
7230 -50 West River Road
Brooklyn Center, Minnesota
Harold Swanson Property
Our File 91833
Dear Mr. LeFevere,
At your request, I here produce a preliminary appraisal report estimating the
special benefits that accrue to the above captioned real estate because of a street
reconstruction project on West River Road that was completed in late 1990. The
preliminary special benefit or market value increase to the property because of the
Project is estimated at $11,300.
This preliminary value estimate involved an inspection of the city, neighborhood,
subject site, building exteriors, not an inspection of the interiors, an examination
of an appraisal report done for the subject owner in the amount of $400,000 to
$450,000, effective January of 1991, an examination of 1989 through the first ten
months of 1992, income and expense information on the subject property, an
inspection of comparable sales and rentals, an analysis of the relevant issues
regarding special benefits for the subject property and an analysis of those
elements and the special benefits that accrued to the subject.
The subject owner was interviewed on several occasions, most recently on October,
12, 1992.
Photographs and maps at the end of this letter report depict the property. Full
narrative descriptive information about the subject property, comparables and the
detailed analysis is not produced in this preliminary appraisal report.
The subject property has been owned by Harold Swanson, for over six years. Five
and six years ago he personally managed the subject property. Several management
COMPanies then managed the real estate and then about a year ago or in mid 1991, Mr.
MORE THAN 50 YEARS FULL APPRAISAL SERVICES EEO /AA
2
Swanson had his sister -in -law take over management of the property.
The real estate consists of three apartment buildings built from 1972 to 1976,
each 1, stories high containing a total of 15 dwelling units, 12 of which are 2
bedroom units, 2 of which are 1 bedroom units and 1 of which is a 3 bedroom unit.
There are 15 garage stalls and the property lies on three platted lots containing a
total of about 57,200 square feet of land. The land is zoned R4 for apartments, and
that is its highest and best use.
Before the project, West River Road was a state highway carrying about 39,000
vehicles per day by the subject property. With its construction and movement
farther to the west away from the subject as Highway ,#252 and the subsequent
rebuilding of the immediate subject West River Road, traffic patterns reduced in
front of the subject to about 1,800 vehicles per day in 1989, and subsequently to
less than 1,500 vehicles per day in 1991. The impact of the overall project was to
significantly reduce traffic volumes in front of the subject property converting it
from an old heavily used highway to a city street by the end of the subject project.
Also incorporated into the new city street with its bituminous paving, concrete
curbs and gutters is a new pathway system on the west side of the roadway improved
with berms, retaining walls, paved paths, and landscaping including tree plantings
and sodding. Photographs in the Addenda depict the area after the project and
photographs contained in the city's files as a part of this project depict the
subject property and the highway in front of it with its classic highway styled
ditching and two lanes of older paved roadway. Those photographs were examined by
the appraiser.
The physical attributes of the subject property in late 1990, before and after
the completion of the project, remained essentially unchanged. The subject owner
contends that the storm drainage was not enhanced because of low slopes and puddling
that remains after the project on the subject property. Photographs taken on the
first date of inspection of the subject on August 13, 1991 show the subject property
after a rain storm where puddling is shown at the south driveway entrance and on
Other internal locations that have nothing to do with the project. Minor street
puddles were observed.
The economic aspects of the subject property around the date of the completion of
the project, prior to it and after, have changed in a fairly dramatic negative
fashion that is best shown by an Income Graph exhibit page that is attached. Rent
levels were declining due apparently to recessionary economic conditions in late
1989 and early 1990. By early 1991, subject rents were increasing slightly and then
after a fire in late 1991 to two units of the subject and a change in management,
which is described earlier, the subject rents declined rather sharply. An appeal to
the assessor resulted in several reductions in market value. Around the date of the
completion of the project however, there was an upswing in rents from $5,874 average
in 1990 to $6,005 per month average income in 1991. significant detailed
information was provided to the appraiser. That information was provided on a
3
s
confidential basis through negotiations with the subject property owner. That
information shall remain in file and cannot be reproduced herein.
It appears, in summary, that overall rent declines for the subject property were
recessionary in nature in 1989 and the first part of 1990, then there was a slight
upswing in rents at the completion of the subject project, followed by a decline in
rents due primarily to fire damage to units and the stigma they probably created for
the larger complex, and a change in management.
The traditional cost approach to value is not applied in this preliminary market
value estimate. The subject is an older exiting facility and the cost approach is
best applied to newer buildings where depreciation is not a significant factor.
A number of comparable building sales in Brooklyn Center that sold recent to late
1990 were examined for differences between them, especially in regard to attributes
regarding their location and street conditions where they may parallel the subject
going from a intensive traffic highway type location to a quieter newer improved
city street locale. Our office obtains all apartment sale certificate of real
estate value filings for the City of Brooklyn Center. Five sales are found of
buildings generally similar in size and character to the subject dating from
December, 1989 to January, 1992. Information regarding these transactions is
summarized on the following listing.
Brooklyn Centex Amrbnent Sales
Location Date B1_ dg. Comments Sfdu
7) 6331/6401 -25 Beard Ave No. 1 -92 3 -12 du bldgs., Quiet street, park
1959 2' -, sty. nearby, bldgs. good,
2 garages. $23,839
8) 5843 Fremont Ave. No. 10 -91 7 du bldg., 1960 Quiet streets, park
1 1 , sty. nearby, bldg. avg +,
4 garages $23,571
9) 3501 47th Ave. No. 1 -91 11 du bldg., 1961 Quiet street, creek,
2' sty. good bldg., favorable
financing, 7 garages. $26,472
10) 4006 65th Avenue No. 4 -90 8 du bldg., 1961 Exposed busy corner
1% sty. off of Brooklyn Blvd.
no gar, avg. coed. $15,000
4
4
Brooklyn Center Apartment Sales
4 Location Date Bldg. Comments $/du
11) 6401 -25 Willow Lane & 12 -89 7 -12 du bldgs., Part exposed to Hwy.
201 -15 65th Ave. North 1962, 2 %, sty. noise, part not, avg.
coed., 24 garages. $21
Subj.
7230 -50 West River Road Late 90' 15 du, 3 bldgs., Old busy road converted
1972 -1976, 1 sty. to quieter city street.
It is noted that sales 7, 8 and 9 have the highest prices per dwelling unit and
they are located on generally quiet streets with parks or park like locations
nearby. Sale 10 is found in an exposed corner location near higher traffic carrying
Brooklyn Boulevard and it has no garages. It sold at the lowest price per dwelling
unit. Sale 11, which is due south of the subject also fronting partially on West
River Road sold at a lower but not so low price per dwelling unit.
There are a number of additional differences between the comparables and the
subject including true interior and exterior condition, quality, rent levels, and
number of garages that can explain some of the differences other than the location
and street attributes. Nevertheless, differences are observed where quieter located
properties, especially those near a park or park like setting (pathway) sell at
higher prices per dwelling unit, all other things being equal. Not enough detailed
information between the files and the subject could be derived to Mete a
full narrative market data approach before and after the project.
An income approach to value appears to be a better estimator of true impact of
the project for the subject than the cost or market approaches. The subject
property owner has chosen to focus upon the decline in rents as a significant reason
why the subject has received no benefit from the project. An analysis of rental
history described earlier shows that there was some rent increase after the project
but that was eliminated by fire and management changes amongst others. An
examination of actual occupancy or vacancy rate information on the subject discloses
that about 20% vacancy and collections loss appears to be the norm for the subject
property throughout the time before and slightly after the project. An examination
Of six nearby competitive apartment rent levels and their changes throughout the
past two years is reported as follows:
t 5
Anartpent Rent Level Chanties
Name /Address 1 BR 2 BR Garage Last Year Rents % Change
1 Lyn River
201 65th Ave. No.
Brooklyn Center
7 -12 du bldgs, 2, sty. 330 & 355 430 & 455 25 No change -0-
2 6525 Willow Lane, B.C.
18 du, 2% sty. 465 25 No change -0-
3 Evergreen Park Manor
7112 Bryant Ave No., B.C.
c.80 du, 2 sty. 430 510 25 No change
Much new
redecorating Some down
4 River Glen
507 70th Ave N., B.C. Down from
c.80 du, 2 sty. 420 510 & 525 25 525 & 540 Up 2.9%
5 7218 -24 W. R. Road, B.C.
Up from
2 du, 2 level 650 Incl. 550 & 600 Up 8.3%
6 340 -48 73rd Ave. N. B.P.
3 du, 2 level 3BR 625 Incl. Up from 600 Up 4.2%
Subj .
7230 -50 W. R. Rd., B.C. No change from
15 du, 1 sty. 312.50 500 25 312.50 & down
3 ER -659 from 515 Down about
No change 3%
0
Approximate average of 6 neighborhood camparables slightly over a 2% rent
increase 1991 to 1992. Subject now owner managed shows a 3% rent decrease.
Assume subject could sustain at least the neighborhood rent change of 3%
increase.
3 BR - 659 X 1.03 = 678.77 - 659 = $19.77 per month X 1 du = $ 19.77
2 BR - 500 X 1.03 = 515 - 500 = $15.00 per month X 12 du = $180.00
1 BR - 312.5 X 1.03 = 318.75 - 312.5 = 6.25 per month X 2 du $ 12.50
Total $212.27
6
Assume half of rent change can be attributed to the project.
212.27 X .5 = $106.14 per month
Tess vacancy of 20 %, say X .80 occupancy rate
$ 84.91 per month
$84.91 per month X 12 months _ 9% capitalization rate = $11,321
Estimated Subject Value Increase Fn= the Project (Say) $11,300
The above estimate of an $11,300 value increase or special benefit from the
Project is contingent upon the assumption that it consists of a portion of the
increase found in the neighborhood estimated to be 3% and that about half of that
rent increase or 1.5% is due to the change in character of the subject as described
earlier in this report. That change in value is shown by comparable building sales
in a generalized way and more directly by actual rent increases in the duplex south
of the subject and the triplex north of the subject where significant (8.3% and
4.2 %) actual rent increases did occur after the project.
A 9% overall capitalization rate is derived from an analysis of mortgage interest
rates in late 1990 which were at or slightly above that rate, and the financing
terms observed in the five comparable building sales which ranged very tightly
around 9 %.
Tastly, it is noted that the best estimate of the special benefit of $11,300
would likely be levied and spread over a 20 year period at an interest rate ranging
from 10% to 7 %. Given that there is typically only 80% occupancy and therefore 12
dwelling units able to produce income to pay for that special assessment burden, it
translates to about $9.09 per month at 10% or $7.30 per month per unit at 7%
interest. 'These rent increases, should the owner wish to finance the payment of the
special benefit through 20 years of taxes with the city is reasonable. It
represents about half of a potential rent increase that should accrue to the subject
from the affect of the project and general changes over time that are noted in the
larger neighborhood in general.
Completion of a full narrative income approach to value before and after the
project would involve disclosure of required confidential information agreed to not
be disclosed for the purpose of this appraisal. Also, a measure of the expected net
change in net income from the project is a more concise and direct measure of
special benefit.
Attached to this preliminary appraisal are a number of pages including standard
limiting conditions and assumptions, the appraiser's qualifications and education
Pages, maps showing the locations of comparables, the zoning and the plat map.
Photographs of the comparable sales, rental and subject property Clete the
report.
s 7
j
Y i.
This preliminary analysis is cm pleted in conformance with the star d s of the
practice of the Appraisal Institute. I have no present nor contenplated future
interest in the subject property, its owner or the client of this report. Should
you have any further questions about this matter, please do not hesitate to call.
Sincerely yours,
BCL APPRAISALS INC.
Brad Bjorklund, MAI, SPA
MN Lic. #4000377
SB /rak
Attachments
91833
4
CATION ASS AND ODN DITICNS
e Appraiser certifies and agrees that:
1. The Appraiser has no present or prospective interest in the property that is the
subject of this report, and no personal interest or bias with respect to the parties
involved.
2. Compensation is not contingent upon the reporting of a predetermined value or direction
in value that favors the cause of the client, the amount of the value estimate, the
attainment of a stipulated result, or the occurrence of a subsequent event.
3. The analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Code of Professional Ethics and
the Standards of Professional Practice of the Appraisal Institute.
4. The use of this report is subject to the requirements of the Appraisal Institute
relating to review by its duly authorized representatives.
5. The Appraiser has made a personal inspection of the property that is the subject of
this report.
6. No one provided significant professional assistance to the person signing this report
other than those specifically mentioned.
7. The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are the appraisers personal, unbiased
professional analyses, opinions, and conclusions.
Information, estimates, and opinions furnished to the Appraiser, and contained in the
report, were obtained from sources considered reliable and believed to be true and
correct. However, no responsibility for accuracy of such items furnished to the
Appraiser can be assumed by the Appraiser.
The following specific assumptions and conditions are made:
9. The Appraiser is not responsible for legal matters. The title is assumed good and
marketable. The property is considered free and clear of all indebtedness unless
otherwise stated. All structures and improvements, existing or proposed, are assumed
to be in compliance with community zoning and building code requirements. Since
1- 26 -92, the Americans with Disabilities Act became effective. Its impact upon value
has not yet manifested itself. Unless otherwise stated herein, any impact from the act
is specifically disregarded.
10. The property is appraised as though under responsible ownership, with competent
management and property maintenance.
11. The Appraiser assumes that there are no hidden or nonapparent conditions or
contamination of the property, subsoil, or structures, which would render it more or
less valuable. The Appraiser assumes no responsibility for such conditions, or for
engineering which might be required to discover such factors.
12. On all appraisals, subject to satisfactory completion, repairs, or alterations, the
0 appraisal report and value conclusion are contingent upon completion of the
improvements in a workmanlike manner, and in substantial conformance with plans and
specifications made available to the Appraiser.
13. This report in part or whole shall not be used or disseminated to the public through
advertising, news, sales or other media without prior written consent of the Appraiser.
APPRAISING QIAT IFT CATICNS OF
BRAD BJC0UJM
NICK
Bachelor of Science in Business Administration (1971): University of Minnesota
American Institute of Real Estate Appraisers Courses: 1A, 1B, 2, 4, and Standards
Society of Real Estate Appraisers Courses: 101 and 301
Instructor: University of Minnesota Extension Division Appraisal Courses 1979 -80
ASSOC=ON NEVEERSHIPS
MAI American Institute of Real Estate Appraisers, 1976
SPA Society of Real Estate Appraisers, 1975
SRPA Society of Real Estate Appraisers, 1977
SREA Society of Real Estate Appraisers, 1980, Chapter President 1983 -84
Licensed Real Estate Appraiser, State of Minnesota,
Certified Federal General Real Property, MN4000377
Licensed Real Estate Broker, State of Minnesota, 1972 to present
St. Anthony Planning Commission Member, 1978 -85, Chair 1980 -81
Metropolitan Council Land Use Advisory Committee, 1977 to 1989
League of Women Voters, 1977 to 1990
APPRAISAL EKPERIENCE
February 1972 to October 1976 - Newcombe & Hansen Appraisals, Inc.
October 1976 to April 1981 - O.J. Janski & Associates, Inc.
April 1981 to April 1985 - Capital Appraisals, Inc.
April 1985 to September, 1987 - Swenson, Bjorklund & Associates
October, 1987 to present - Bjorklund, Carufel, Lachenmayer, Inc.
Serving a variety of clients including:
Larkin Hoffman, Law Firm FDIC Dayton Hudson
Holmes & Graven, Law Firm U.S. Navy State of Minnesota
Twin City Federal Prudential City of Minneapolis
First National of Mpls. Red Owl City of Minnetonka
Norwest Banks Texaco General Motors
Cushman Wakefield Honeywell 1st Covenant Church
Cooperative Power Assn. Minnesota Plywood N.W. Bible College
Augustana Homes Manufacturers Hanover Waste Management
Appraisals completed upon a variety of types of properties including improved
Properties - commercial stores, large offices, industrial, apartment, golf courses,
nursing homes, farms, unimproved land and subdivisions.
Appraisals have been made for buyers, sellers, investors, parties involved in
eminent domain proceedings, tax abatement, estates, and lease interests.
Qualified as an expert witness in various Courts and served as court- appointed
commissioner.
S_ RA R
The international Society of Real Estate Appraisers
has authorized
Bradley D. Bjorklund
to include the Senior Real Estate Analyst (SREA)
designation in his /her professional credentials through
December 31, 1992
Senior Real Estate Analysts (SREA) are pro- Certification procedures require a compre-
fessional members of the Society of Real Es- hensive oral examination by an examination
tate Appraisers who have extensive technical board of the Admissions Committee, inspec-
training, long and varied experience, who tion of office operations, review of appraisal
have earned the respect of the community and analysis reports and a thorough investi-
and their peers for their expert knowledge, gation of the applicant's competence and
outstanding ability, professional leadership integrity. This investigation includes contact
and integrity. with other SREA members, professional ap-
praisers, clients, attorneys, judges, and per -
SREA members have demonstrated in prac- sons in the community. The SREA designation
tice that they are competent to appraise all is awarded for five years only.
types of real estate interests and ownerships
in accordance with accepted definitions of A member wishing to renew the SREA desig-
market value, and to extend appraisal analy- nation must apply for recertification at the end
sis beyond current market value to provide a of the five (5) year period. Upon application
basis for decision- making to clients responsi- for recertification, applicant is expected to
ble for committing funds or assets in the sale, show evidence of integrity, continued techni-
financing, purchase, lease, trade, renovation, cal training, experience, and professional
development, demolition or division of real leadership commensurate with current SREA
property. The analyst's experience encom- Admissions standards.
passes the most difficult appraisal problems.
CERTIFIED SREA 4118/90 This authorization has been prepared for inclu-
CERTIFIED 4/18/85 sion in the certification section of the appraisal/
analysis report. Any questions regarding this
CERTIFIED 12131/92 member's status should be directed to Head -
CERTIFIED quarters office of the Society of Real Estate
Appraisers, 225 North Michigan Avenue, Ste. 724,
CERTIFIED Chicago, Illinois 60601 -7601; (312) 819 -2400.
AIREA EDUCATION CERTIFICATION
The American Institute of Real Estate Appraisers conducts a program of
continuing professional education for its designated members. MAI and RM
members who meet the minimum standards of this program are awarded
periodic educational certification.
As of the date of this report I have completed the requirements of the
continuing education program of the American Institute of Real Estate
Appraisers.
Brad Bj rklund, MAI
I - fNC�� ^E GR'APN
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CITY OF BROOKLYN CENTER Council Meeting DaU
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION: ORDINANCES
1) An Ordinance Amending Chapter 35 of the City Ordinances Regarding General
Standards for Planned Unit Developments
2) An Ordinance Amending Chapter 35 of the City Ordinances Regarding the
DEPT. APPROV
Ronald A. Warren, Director of Planning and Inspection
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION:
sheets attached
(supplemental x )
• The City Council on September 28, 1992 adopted Council Resolution
No. 92 -234 approving Planning Commission Application No. 92013
submitted by Evergreen Development Group which was a request for
Planned Unit Development approval to rezone two parcels totaling
7.135 acres from R7 to PUD /MIXED. The area considered contained
the site of the Earle Brown Commons high -rise apartment complex and
an adjacent vacant parcel which was, at one time, to be the second
phase of the Earle Brown Commons. This resolution also granted
site and building plan approval, as part of this Planned Unit
Development, to construct 90 units of assisted residential care
housing in three one -story buildings on the vacant property.
During onsideration of this Planned Unit Development proposal, the
g P P P ,
Council considered two Zoning Ordinance amendments which had been
recommended by the Planning Commission and were critical to the
proposal.
The first was an amendment to Chapter 35 relating to the General
Standards for Planned Unit Developments. This would delete the
statement in the ordinance that a PUD may be located only in an
area designated for redevelopment in the City's Comprehensive Plan
and replace it with a statement indicating the PUD may only contain
uses consistent with the City's Comprehensive Plan. Such an
amendment gives the City Council the flexibility to use the PUD
Ordinance for development as well as redevelopment.
SUMMARY EXPLANATION
Page 2
October 26, 1992
The second ordinance also amends Chapter 35 by describing the
property which is being rezoned by deleting reference to it in the
R7 zoning district and adding the description to the PUD district.
This is a housekeeping, although essential, ordinance amendment.
These two ordinance amendments had first readings on September 28,
1992, were published in the City's official newspaper on October 7,
1992 and are scheduled for public hearing and consideration at 7:15
p.m. on October 26, 1992.
Recommendation
It is recommended that the City Council, following review and
public hearing, adopt these two Zoning Ordinance amendments as
recommended by the Planning Commission.
e
•
Member Philip Cohen introduced the following
resolution and moved its adoption:
RESOLUTION NO. 92 -234
RESOLUTION REGARDING DISPOSITION OF APPLICATION NO. 92013
SUBMITTED BY EVERGREEN DEVELOPMENT GROUP
WHEREAS, Application No. 92013 submitted by Evergreen
Development Group proposes rezoning from R7 (Multiple Family) to
Planned Unit Development /MIXED the two R7 parcels totalling 7.135
acres at the intersection of Summit Drive and the east leg of Earle
Brown Drive; and
WHEREAS, the Planning Commission held a duly called
public hearing on September 17, 1992 when a staff report and public
testimony regarding the rezoning and site and building plans were
received; and
WHEREAS, the Planning Commission adopted resolution 92 -2
recommending approval of Application No. 92013; and
WHEREAS, the City Council held a public hearing regarding
the matter at its September 28, 1992 regular meeting when the
Planning Commission's recommendation and further testimony
regarding the application were received; and
WHEREAS, the Council has considered the rezoning and site
and building plan request in light of all testimony received, the
Planning Commission recommendation, the Rezoning Evaluation Policy
and Review Guidelines contained in Section 35 -208 of the City's
Zoning Ord'
_ g finance and in light of the provisions of the Planned Unit
Development Ordinance contained in Section 35 -355, and in light of
the recommendations of the City's Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of
the City of Brooklyn Center, Minnesota, that Application No. 92013,
submitted by Evergreen Development Group, is hereby approved in
light of the following considerations:
1. The proposed residential care facility will meet a need
in an aging community for less mobile, but ambulatory
older residents to have the option of assisted living
housing in the community.
2. The proposed zoning and use are compatible with
surrounding land use classifications and existing
development.
3. The proposed residential care facility will meet the
ordinance development restrictions for the proposed
zoning district. The existing Earle Brown Commons will
be brought into compliance with the Building Code
relative to its substandard setback from the side
RESOLUTION NO. 92 -234
interior property line.
4. The proposed zoning is consistent with the
recommendations of the Comprehensive Plan for Mixed Use
Development in this area.
5. The proposed residential care use is consistent, both
functionally and visually with the adjacent elderly
housing development and with the Earle Brown Heritage
Center.
6. In light of the above considerations, it is believed that
the guidelines for evaluating rezonings contained in
Section 35 -208 of the Zoning Ordinance are met and that
the proposal is, therefore, in the best interests of the
community.
BE IT FURTHER RESOLVED, by the Brooklyn Center City
Council that approval of Application No. 92013, be subject to the
.following conditions:
1. Building plans are subject to review and approval by the
Building Official with respect to applicable codes prior
to the issuance of permits.
2. Grading, drainage, utility and berming plans are subject
to review and approval by the City Engineer, prior to the
issuance of permits.
3. A site performance agreement and supporting financial
guarantee (in an amount to be determined by the City
Manager) shall be submitted prior to the issuance of
permits to assure completion of approved site
improvements.
4. Any outside trash disposal facilities and rooftop
mechanical equipment shall be appropriately screened from
view.
5• The building is to be equipped with an automatic fire
extinguishing system to meet NFPA standards and shall be
connected to a central monitoring device in accordance
With Chapter 5 of the City Ordinances.
6. An underground irrigation system shall be installed in
all landscaped areas to facilitate site maintenance.
7. Plan approval is exclusive of all signery which is
subject to Chapter 34 of the City Ordinances.
8. B612 curb and gutter shall be provided around all arkin 9
and driving areas.
P
RESOLUTION NO. 92 -234
9. The applicant shall submit an as -built survey of the
property, improvements and utility service lines, prior
to release of the performance guarantee.
10. The property owner shall enter into an Easement and
Agreement for Maintenance and Inspection of Utility and
Storm Drainage Systems, prior to the issuance of permits.
11. The owner of the Earle Brown Commons shall enter into a
restrictive covenant covering that property to stipulate
that additional ramp and /or surface parking shall be
provided up to two stalls per unit upon a finding by the
City that all required parking is necessary for the
proper functioning of the site. A separate restrictive
covenant covering the Earle Brown Commons shall be
executed requiring the elimination of all unprotected
openings on the he so
ut
h and west sides of the congregate
dining area in
accordance with the provisions of the
State Building Code. These restrictive covenants shall
be executed and filed at the County prior to the issuance
of permits for the residential ntial care facility.
12. The owner of the vacant parcel shall enter into a
development agreement with the City stipulating the type
of facility t
to be
Y constructed, aesthetics timing, and
assessments, prior to the issuance of permits.
13. The storm drainage system shall be approved by the
Shingle Creek Watershed Management Commission prior to
the issuance of permits.
14. Ponding areas required as part of the storm drainage plan
shall be protected by an approved easement. The easement
document shall be executed and filed with Hennepin County
prior to the issuance of permits.
15. All work performed and materials used for construction of
utilities shall conform to the City of Brooklyn Center's
current standard specifications and details.
16. The development plans shall be modified prior to the
issuance of permits to indicate:
a) One additional 6 diameter shade tree.
b) Proper separation of the inlets and outlet of the
holding pond as approved by the City Engineer.
17. Appproval of Application No. 92013 is subject to adoption
of two ordinance amendments relating to general standards
for planned unit developments and regarding the zoning
classification of certain land.
RESOLUTION NO. 92 -234
September 28, 1992
Date Todd Paulso n, Mayor
ATTEST:
Deputy City Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member Dave Rosene , and upon vote being
taken thereon, the following voted in favor thereof:
Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
6 "
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of , 1992, at p.m. at the City
Hall, 6301 Shingle Creek Parkway, to consider an amendment to the
Zoning Ordinance relating to Planned Unit Developments.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of
Brooklyn Center is hereby amended in the following manner:
Section 35 -355. PLANNED UNIT DEVELOPMENT.
Subdivision 4. General Standards.
C. A PUD may [be located only in an area designated
for redevelopment in the] only contain uses
consistent with the City's Comprehensive Plan.
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
Adopted this day a of 1992.
Y ,
Todd Paulson, Mayor
ATTEST:
Deputy City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
ti qb
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the
day of , 1992, at p.m. at the City
Hall, 6301 Shingle Creek Parkway, to consider an amendment to the
Zoning Ordinance regarding the zoning classification of certain
land.
Auxiliary aids for handicapped persons are available upon request
at least 96 hours in advance. Please contact the Personnel
Coordinator at 569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING THE ZONING CLASSIFICATION OF CERTAIN LAND
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of
Brooklyn Center is hereby amended in the following manner:
Section 35 -1160. MULTIPLE FAMILY RESIDENCE DISTRICT (R7).
The following properties are hereby established as being within the
(R7) Multiple Family Residence District zoning classification:
[Tract A, R.L.S. No. 13801
[Tract I, R.L.S. No. 1594]
[All of the southeasterly half of vacated Earle Brown Drive,
as platted in Twin Cities Interchange Park, according to the
recorded plat thereof, adjoining said Tract A.]
[The westerly 40 feet of Tract H, R.L.S. No. 1380, south of
the easterly extension of the north line of Tract A, R.L.S.
No. 1380.]
Section 35 -1240. PLANNED UNIT DEVELOPMENT DISTRICT (PUD).
The following properties are hereby established as being within a
(PUD) Planned Unit Development District zoning classification:
?. The following properties are designated as PUD /MIXED
(Planned Unit DevelopmentrMixed Use): Tracts A and B
R.L.S. No. 1603 and the westerly 10 feet of Tract H
R.L.S. No. 1380 south of the easterly extension of the
north line of Tract A R.L.S. No. 1603
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal publication.
ORDINANCE NO.
Adopted this day of , 1992.
Todd Paulson, Mayor
ATTEST:
Deputy City Clerk
Date of Publication
Effective Date
(Underline indicates new matter, brackets indicate matter to be
deleted.)
CITY OF BROOKLYN CENTER Council Meeting Date 10/2 /9
Agenda Item Number 1zL1
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Discussion Item - Request by Village Properties, the owners of
Evergreen Park Manor Apartments, to Expand an Existing Agreement
with the City of Brooklyn Center to Acquire Additional Land
DEPT. APPROVAL:
Ronald A. Warren, Director of Planning and Inspection
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attached
********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached x )
• On October 13, 1992 the City Council considered a request by
Village Properties, owners of the Evergreen Park Manor Apartments,
(7200, 7206, 7212, 7218, 7224 Camden Avenue North), to expand or
revise an existing Agreement they have with the City to acquire
additional land. That Agreement allowed a temporary setback
variance for a relocated building based on assurances that Village
Properties would acquire and combine with their property surplus
MN /DOT right -of -way lying east of and adjacent to their complex.
(See Request for Council Consideration relating to this item dated
10 -13 -92 attached).
Village Properties would now like to provide up to 8 three - bedroom
apartment units in their complex by combining 2 two- bedroom
apartments to make 1 three- bedroom unit and 1 one - bedroom unit. To
accomplish this, additional land area is required (250 sq. ft. of
land area for each bedroom over 2 in the complex) . They propose to
acquire more than enough land area to make up for their current
deficiency and to provide for the increased land area requirements
for the additional three - bedroom units. The City's Zoning
Ordinance limits the total number of units with more than two
'bedrooms to 10% of the total number of units in the complex. In
this case Evergreen Park Manor Apartments would be limited to 8
three - bedroom units.
SUMMARY EXPLANATION
Page 2
October 26, 1992
Following review and discussion of this request, the Council
directed
the staff to prepare a resolution authorizing the
expansion of the Agreement to be brought back to the City Council
for consideration on October 26. Some concerns and reservations
were brought up by the Council regarding the proposal.
Councilmember Cohen discussed some concerns he had regarding the
maximum occupancy standards contained in the Building Maintenance
and Occupancy Ordinance and suggested that if the Agreement is
modified, that the occupancy standards being proposed by Village
Properties be set as maximums until the property acquisition and
combination is accomplished.
Councilmember Pedlar requested reports from the Police, Fire and
Inspection Departments regarding the activities at the complex and
how problems are addressed.
Mayor Paulson indicated that he was not in favor of adding any
three - bedroom units within the City based on past concerns
expressed by people living around the Garden City Courts Apartments
when that complex made a request to exceed the 10% limit on three -
bedroom apartments a few o. ears ago.
g
Attached are copies of reports from the Police Department listing
calls for service since October 1, 1991. I have been informed that
this is not considered to be an extraordinary amount of calls for
the size of the complex. Also a number of the calls result from
the management of the property reporting suspicious activity. I
have talked with Patrol Officer Dick Fryer, who is the C.O.P.
Officer for this complex. He commented that the on -site managers of
the complex are very cooperative and, in his opinion, manage the
complex well. He believes they do a good job screening perspective
tenants and they take effective action when tenants violate lease
provisions or create other problems.
The Housing Inspector reports that apartment manager cooperation in
responding to housing maintenance compliance orders is good and
timely. He is not aware of any major maintenance problems that are
going uncorrected. It is his opinion as well, that the apartment
managers are doing a good job.
As of this date I am awaiting response from the Fire Department,
but do not anticipate that they are having problems with the
apartment management.
SUMMARY EXPLANATION
Page 3
October 26, 1992
The City Council also requested that staff notify neighbors
regarding Village Properties' request. Attached is a copy of a
letter of notice of the Council's consideration of this matter
which was sent to all properties that received notice of the 1985
variance request. Also, Mr. Solie has agreed to post a copy of
this letter in each of the apartment buildings within the complex
so that residents would also be aware of the request. The notice
indicates that the Council will consider this item as close to 8:00
p.m. as possible on October 26.
Recommendation
A resolution approving the expanded Agreement has been drafted and
is offered for the City Council's consideration and should be
adopted if the City Council is willing to expand or alter the
existing Agreement as proposed by Village Properties.
•
CITY OF BROOKLYN CENTER Council Meeting DatelO 13 9;
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Discussion Item - Request by Village Properties, the owners of the
Evergreen Park Manor Apartments, to expand an existing agreement
with the City of Brookln * * * * * * * * * * * * * * * ** Center to acquire additional land.
* * * * * * * * * * * * * * * * ** * * * * * * * * * * ** ******** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
Ronald A. Warren, Director of Planning and Inspection
MANAGER'S REVIEW RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached �( )
In 1985 the Brooklyn Center City Council, under Planning Commission
Application No. 85016, granted Ken Solie and Jerry Cowan of Village
Properties, owners of the Evergreen Park Manor Apartments, a
variance to allow a building setback of less than 50' from the
proposed new right -of -way alignment of T. H. 252 subject to various
conditions and requirements. Solie and Cowan were required to
secure underlying rights to excess right -of -way lying east of their
property to provide for required ordinance setbacks and to enter
into an agreement with the City assuring that they would acquire
the necessary excess right -of -way from MNDOT once it became
available and combine this property through platting or registered
land survey with that of the Evergreen Park Manor apartment
complex. The agreement was to be filed with the title to the
property binding any future owner to this acquisition agreement.
This action and agreement really amounted to a temporary type of
variance because, upon fulfillment of this agreement, there would
be no need for the setback variance granted under the above stated
application.
The reason for the variance request in the first place was that
MNDOT was acquiring a portion of the Evergreen Park Manor
Apartments' property which included a building addressed 7212
Camden which was attached at a fire wall with a building addressed
7206 Camden. Solie and Cowan's plan was to save the 7212 building
and to relocate it on the property thus, not losing any units in
the complex. This building relocation would be within 1' of
property acquired by MNDOT for right -of -way purposes. However,
MNDOT had indicated that all of the property which had to be
SUMMARY EXPLANATION
Page 2
October 13, 1992
acquired was not necessary for right -of -way and the eventual final
right -of -way line would be more than 50' away from the location of
the building. A density variance was also implicit in the action
taken by the City Council under Application No. 85016 because
approximately 38,100 sq. ft. of land was also acquired by MNDOT.
Solie and Cowan met all the conditions of the variance by acquiring
the underlying rights to the property lying to the east and did
enter into an agreement with the City, which they did file with the
title to the property, agreeing to acquire the necessary property
and combine it with the complex once it became available. The City
is currently holding a $8,500 performance bond to assure completion
of the requirements of this agreement once MNDOT makes the land
available.
The amount of land that Solie and Cowan will acquire by this
agreement is approximately 18,700 sq. ft., and when attached to the
remaining 257,228 sq. ft. of land in the complex will amount to a
total of 275,928 sq. ft. Based on the ordinance density
requirements of 3,600 sq. ft. of land per unit for R4 zoned
property, Evergreen Park Manor Apartments would be allowed 76.6
dwelling units. They have 80 units (thus the acknowledged density
variance of Application No. 85016).
We have received a written proposal from Ken Solie (copy attached)
whereby he proposes to seek the underlying rights to additional
excess MNDOT right -of -way in the area of the Evergreen Park Manor
Apartments. Like the previous agreement, the owners of the complex
would agree to acquire the property and attach it to their property
through platting or registered land survey once it becomes
available.
The purpose of this proposed acquisition is to add additional land
area to meet the density requirements of the ordinance for an 80
unit complex (80 units x 3,3600 sq. ft. \unit = 288,000 sq. ft.) and
to add additional land area so that they can convert some of their
units to three bedroom apartments. The Zoning Ordinance requires
250 sq. ft. of additional land area for each bedroom in excess of
two in a multiple family dwelling unit. The ordinance also limits
the number of dwelling units having more than two bedrooms to no
more than 10% of the total number of units in a complex. The
Evergreen Park Manor Apartments would like to have 8 three bedroom
apartments in the complex, but to do so they would need a total of
290 sq. ft. of land in their complex (288,000 sq. ft. + 2,000
sq. ft.) .
SUMMARY EXPLANATION
Page 3
October 13, 1992
Their proposal indicates they will attempt to acquire the rights to
27,800 sq. ft. of excess MNDOT right -of -way, and when it is
available, acquire and attach it through platting or registered
land survey with their property. This would eventually leave them
with approximately 303,728 sq. ft. of land area, which is more than
required by the ordinance.
The basis for this proposal is the logic and agreement which was
developed and approved in the 1985 variance proposal and agreement.
If the Council accepts this logic, either a new agreement should be
executed or the existing agreement amended. In either case the
document would have to be filed with the title to the property to
bind heirs, successors, or assigns to the fulfillment of the
agreement.
Attached for the Council's review are the following:
1. Copy of the City Council minutes of 7 -8 -85 approving
Planning Commission No. 85016 subject to the seven listed
conditions.
2. A map of the area presented at the time of the review of
Application No. 85016 showing the location of the
property and the existing T. H. 252 right -of -way.
3. A detailed drawing showing the location of the Evergreen
Park Manor Apartment complex and surrounding properties
as they were effected by the highway taking.
4. A copy of the executed 1985 agreement and the
verification of its filing.
5. A copy of Ken Solie's 9 -30 -92 letter requesting the
expansion of the agreement to include additional land.
Recommendation
If, following review and discussion of this proposal, the Council
believes the expansion of the agreement to be consistent with the
logic and findings made in 1985, it should authorize the Mayor and
the City Manager to enter into a revised agreement, in a form and
manner approved by the City Attorney, with the owners of the
Evergreen Park Manor Apartments assuring that they will acquire
excess right -of -way from MNDOT and shall combine the property to
the Evergreen Park Manor Apartment complex through platting or
registered land survey. This agreement shall be filed with the
title to the property upon its execution.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING THE APPROVAL OF APPLICATION
NO. 85016 AND AUTHORIZING THE MAYOR AND THE CITY MANAGER
TO ENTER INTO A REVISED AGREEMENT WITH THE OWNERS OF
THE EVERGREEN PARK MANOR APARTMENTS TO ACQUIRE
ADDITIONAL LAND
WHEREAS, Village Properties owns Evergreen Park Manor
Apartments located at 7200 -7224 Camden Avenue North in Brooklyn
Center which is legally described as Lot 2, Block 2, Thomas
Construction Company Second Addition; and
WHEREAS, the City Council of the City of Brooklyn Center on
July 8, 1985 approved Planning Commission Application No. 85016
granting Village Properties a temporary variance from building
setback requirements to relocate a building on their property
within 50' of T. H. 252 right -of -way; and
WHEREAS, the granting of this temporary variance was subject
to various conditions and requirements established by the City
Council and imposed upon Village Properties; and
WHEREAS, those conditions required Village Properties to
secure the underlying rights to excess right -of -way lying east of
the property; to enter into an Agreement with the City assuring
that they would acquire the necessary excess right -of -way from
MN /DOT; to combine this property through platting or registered
land survey with that of the Evergreen Park Manor Apartment
complex; and to file said Agreement with the title to the property
binding any future owners to said Agreement; and
WHEREAS, Village Properties met all of the City Council
imposed conditions and posted an $8,500 performance bond to assure
completion of the requirements of the Agreement once the land was
available; and
WHEREAS, Village Properties has indicated to the City Council
that they would like to have up to 8 units in their complex be
three - bedroom units which would require the need for additional
land area to meet the density requirements of the City's Zoning
Ordinance; and
WHEREAS, there is potential surplus MN /DOT right -of -way land
adjacent to and contiguous with the Evergreen Park Manor Apartments
which would, when combined with the complex, exceed the amount of
land area requirements contained in the Zoning Ordinance; and
RESOLUTION NO.
WHEREAS, Village Properties has requested the City Council to
expand or alter the existing Agreement and approval to include this
additional land area which would allow them to meet the additional
land area requirements utilizing essentially the same rationale and
conditions imposed upon them in 1985; and
WHEREAS, the City Council finds that there is sufficient
excess right -of -way available to meet the additional requirements
to allow up to 8 three - bedroom apartment units within the Evergreen
Park Manor Apartment complex; and
WHEREAS, the City Council finds that the expansion of the
existing agreement authorized by their approval of Planning
Commission Application No. 85016, subject to the conditions
hereinafter set forth, is in the City's interest provided Village
Properties agrees to limit the occupancies of the apartment complex
until the additional land area is attached to the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Brooklyn Center to approve the amendment of the approval of
Application No. 85016 to allow up to 8 three - bedroom apartments in
the apartment complex and to authorize the Mayor and the City
Manager to enter into a revised Agreement, in a form and manner
approved by the City Attorney, with Village Properties to acquire
additional land, subject to the following conditions:
1. The Agreement shall limit the occupancy of the apartment
complex, until the provisions of the agreement are
satisfied, to: no more than three residents for a one-
bedroom unit; no more than four residents for a two -
bedroom unit; and no more than six residents for a three -
bedroom unit.
2. The owners shall provide an appropriate financial
guarantee (in an amount to be determined by the City
Manager) to assure that Village Properties fully performs
all of the terms of this Agreement.
3. Said Agreement shall be filed with the title to the
property binding future owners of this property to this
acquisition agreement prior to conversion of units to
three - bedroom units.
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.
r OW N CEiyT�
BROOKLYN CENTER POLICE
POLICE DEPARTMENT
MEMORANDUM
TO: Ron Warren, Director of Planning and Inspection
DATE: October 16, 1992
SUBJECT: Evergreen Manor Apartments
Request for Land Transfer
Attached is the information requested by the City Council as part of their
review of a land transfer request. uest. The print-out reflects the typ and number
of calls for service that the police department responded to at Evergreen
Manor Apartments. The only difference in the two reports is the date ranges.
Should you have any specific questions about the complex Officer Dick Fryer
is their C.O.P. Officer. If I can be of any further assistance, let me know.
Trevor Hampton
Chief of Police
EVERGREEN MANOR APARTMENTS - 10/01/91 - 10/15/92 FRI, OCT 16, 1992, page 1 of 1
CALL -DESCR CASE -NO
W ___SS_S-------------------------------------------------------------------- & AIT 4
ALL OTHER 4
ANIMALS IMP. 1
ASSAULT 5
BURGLARY 5
CR AGNST FAMILY 2
DOG BITE 1
DOG TAGS 3
DOMESTIC 5
DRIVING VIOL 1
DRUGS 2
FIGHT 1
FIRE -ALL OTH 3
FIRE -M DWELL 1
H &R PROP DAM 2
IMP. ANIMALS 2
LOCKOUT 5
LOST PERSONS 1
MISC PUBLIC 59
MOTOR VEH THEFT 4
OT. JURISD. 1
PARKING VIOL 1
ROBBERY 1
SEX CRIMES 1
S K CARED 7
IDE -ATT. 1
ACT 13
THEFT 6
THREAT PHONE CA 1
THREATS 3
VANDALISM 2
148C
EVERGREEN MANOR APARTMENTS - 01/01/92 - 10/15/92 FRI, OCT 16, 1992, page 1 of 1
CALL -DESCR CASE -NO
*--&-ASSIST --------------4-----------------------------------------------------
ALL OTHER 3
ANIMALS IMP. 1
ASSAULT 4
BURGLARY 5
CR AGNST FAMILY 2
DOG BITE 1
DOG TAGS 3
DOMESTIC 3
DRIVING VIOL 1
DRUGS 2
FIGHT 1
FIRE -ALL OTH 3
H &R PROP DAM 2
IMP. ANIMALS 2
LOCKOUT 5
LOST PERSONS 1
MISC PUBLIC 48
MOTOR VEH THEFT 2
OT. JURISD. 1
PARKING VIOL 1
ROBBERY 1
SEX CRIMES 1
SICK CARED 4
ACT 11
T 4
AT PHONE CA 1
THREATS 2
VANDALISM 2
121C
TO: Jerry Splinter City Manager
From: Ron Boman Fire Chief
Subject: Evergreen Apartments
Date: October 22, 1992
1 have reviewed the fire inspection reports over the past couple of years regarding the
Evergreen Apartment complex and found only minor violations, such as door closer's not
working properly, exit sign lights out ect. These violations were all taken care of as soon
as the orders were written by the fire department.
Over the years Evergreen Apartment management has been responsive to repairing and
taking care of fire violations that the Fire Department has written.
October 21, 1992
Owner /Occupant
Re: Notice of City Council Consideration of a Request by Village
Properties, Owners of the Evergreen Park Manor Apartments
(7200, 7206, 7212, 7218 and 7224 Camden Avenue North), to
Expand an Existing Agreement with the City of Brooklyn Center
to Acquire Additional Land
In 1985 the Brooklyn Center City Council granted the owners of the
Evergreen Park Manor Apartments a variance to allow the relocation
of one of their buildings with a building setback from T. H. 252
right -of -way less than what was required by the City's Zoning
Ordinance. At that time the Minnesota Department of Transportation
(MNDOT) was acquiring property for an expanded Highway 252 right -
of -way in this area which necessitated the moving of a building at
the Evergreen Park Manor Apartments.
The variance granted was subject to various conditions and
requirements imposed by the City Council. One of those conditions
required the owners of the apartment to secure the underlying
rights to excess right -of -way lying east of their property to
provide for required ordinance setbacks and to enter into an
agreement with the City assuring that they would acquire the
necessary excess right -of -way from MNDOT once it became available
and combined this property through platting or registered land
survey with that of the Evergreen Park Manor Apartment complex.
The agreement was to be filed with the title to the property
binding any future owners to this acquisition agreement. The
owners have met all of the conditions imposed by the City Council
and have posted a performance bond to assure completion . of this
acquisition. The surplus property, however, has not been offered
as of this date by MN /DOT.
Owner /occupant
Page 2
October 21, 1992
The owners of Village Properties would now like to convert a few of
the units within this 80 unit complex so they would have up to 8
three - bedroom apartments in the complex. City ordinances limit the
total number of three or more bedroom apartments in a complex to no
more than 10 %. To add additional three - bedroom apartments the
complex also needs additional land and the owners have requested
the City Council to expand the aforementioned agreement to
accomplish this. As before, they would secure the rights to
surplus highway right -of -way to the east of the complex and agree,
once it is available, to acquire it and combine it with the complex
in the same manner as before.
The City Council discussed this issue at its October 13, 1992
meeting and directed the staff to prepare a resolution that would
authorize the extension of such an agreement and to bring it back
for further consideration at their October 26 meeting. The City
Council also directed the staff to notify people in the area of the
City Council's consideration of this matter.
Please be advised that the City Council of the City of Brooklyn
Center will consider the request by Village Properties, owners of
the Evergreen Park Manor Apartments, to expand an existing
agreement with the City of Brooklyn Center to acquire additional
land. This matter will be considered at the City Council on
Monday, October 26, 1992 in the Brooklyn Center City Hall Council
Chambers, 6301 shingle Creek Parkway. The City Council meeting
will begin at 7:00 p.m. and it is anticipated that this item will
come up for discussion at approximately 8:00 p.m. or as shortly
thereafter as the Council's agenda will permit.
If you have questions or comments or need additional information on
this matter prior to the City Council's consideration of it, please
contact me at the City Hall, 569 -3300. Thank you for your
attention.
cerely,
Ronald A. Warren
Director of Planning and Inspection
RAW:mll
MEMORANDUM
TO: Ron Warren
FROM: Matt Moore, Housing Inspector 14,
DATE: October 22, 1992
RE: Evergreen Park Manor Apartments
In reviewing the compliance orders issued to Evergreen Park Manor, it appears that they have
made good attempts to make the necessary repairs in a timely manner. The last rental license
inspection was performed in February of 1991, and ninety percent of the orders were completed
within thirty days, the rest were finalized 15 days later. Their rental dwelling license was
renewed for a two year period effective March 1, 1991.
In my experience when writing orders for Section 8 inspections, the repairs usually are
completed within two weeks time, although this is in their best interest to do so.
I feel that the on -site management and owners of the complex are responsive to my requests as
an inspector, and they are also active participants in the property managers group that has been
organized within the last year.
Since October 1, 1991, we have received four tenant complaints and have issued two correction
notices. These matters have all been addressed and there are no outstanding complaints or
correction notices.
CITY OF BROOKLYN CENTER c«mcn Meeting Date October 26, 1992
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
CRIME STATISTICS
DEPT. APPRO
Gerald G. S ter, City Manager
MANAGER'S REVIEW/RECOABIENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached )
• Councilmember Dave Rosene has requested this item be placed on the agenda as a discussion item.
Attached please find a copy of a memorandum from Councilmember Rosene to the Honorable
Mayor and members of the City Council relating to this subject matter.
As requested a representative of the Police Department will be available Monday evening to
present and discuss their perspectives on this issue.
MEMORANDUM
TO: Honorable Mayor and City Council
FROM: Councilmember Dave Rosene
DATE: October 23, 1992
SUBJECT: Crime Statistics
I have asked that this item be placed on our agenda for discussion purposes. I have had a
concern for some time that Crime Statistics for Brooklyn Center have been debated in the
political arena with conflicting interpretations.
I have asked the City Manager to review our Crime Statistics to see if some valid and creditable
process or method can be developed for presenting these statistics with the hope that it will
reduce the confusion over conflicting interpretations.
The City Manager and Chief Hampton have informed me the police department is in the process
of attempting to develop such a process or method which should be ready within the next two
months. I have asked that the staff share some of the preliminary information as a part of this
discussion item Monday evening.
I have also been contacted by a number of citizens wishing to address the City Council regarding
the concerns relating to the recent burglary/homicide incident in Brooklyn Park. I would like
to discuss with the City Council what type of forum would be appropriate. I would also like
to schedule this forum for the earliest possible date.
CITY OF BROOKLYN CENTER Council Meeting Date October 26, 1992
Agenda Item Number
41 REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
SNOW STORAGE REGULATIONS
DEPT. APP
G
A- -
erald Oplinter, City Manager
MANAGER'S REVIEW/RECONEMENDATION:
No comments to supplement this report Comments below /attached
SUNEI2ARY EXPLANATION: (supplemental sheets attached )
• We have been contacted by representatives of the Minnesota High School League requesting the
City taff and City Council consider some e f regulation f snow stor e The ty ty type o o storage. e School
League had an unfortunate experience with snow storage next to their property on Freeway
Boulevard just west of the site on the corner of Freeway Boulevard and Shingle Creek Parkway.
Last winter the owner of the property at this corner stored a large amount of snow hauled in from
the Brookdale parking lot after the major snow storm on Halloween of last year.
The High School League was upset about having that much snow stored that close to their building
and property and expressed concerns it would cause problems in the spring when the snow started
to melt. In discussions with representatives of the property owners they stated they didn't think
the snow storage would cause a problem and sort of indicated they probably would not do it again
in subsequent years. The High School League has contacted the property representatives and they
are concerned that again they will use it for snow storage. I have talked to our public works staff
and they have told me that they had some major problems with snow storage on that intersection
as during the Spring of this year, as it melted water sheeted across Freeway Boulevard and unto
Shingle Creek Parkway across our sidewalks. During the freeze /thaw cycle in February, March and
part of April it created hazardous conditions for users of the sidewalks and drivers on Freeway
Boulevard.
RECOMMENDATION
We recommend the City Council direct city staff to investigate the feasibility of establishing a
regulation process for the hauling, dumping and storage of snow on private property in Brooklyn
Center.
CITY OF BROOKLYN CENTER Council Meeting Date October 2 � 6 , 1992
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
CAPITAL SPENDING POLICY
DEPT. APPR :
erald G linter, City Manager
MANAGER'S REVIEW/RECOMIVIENDATION:
No comments to supplement this report Comments below /attached
SU MLARY EXPLANATION: (supplemental sheets attached )
• At our last Council meeting the City Council requested this item be laced on the agenda for
Y g ty q P g
discussion purposes and a copy of a memorandum on this subject from Councilmember Cohen
(attached) was sent to the Financial Commission for their preliminary review.
10 -13 -92
To: Mayor Paulson & Members of the City Council
From: Phil Cohen
Re: ESTABLISHING A CAPITAL SPENDING POLICY:
Action: Referring this request to the Financial commission
for their consideration and recommendations.
Since we now have in place a policy that addresses the
general fund operating funds and use of reserves, , the
council should consider having a policy that deals with
capital spending and use of those reserves.
We have had discussions on major expenditure items like the
remodeling of the existing city hall, building a new city
hall, senior citizen center, etc.
The financing of these improvements will be very costly and
would be of major financial significance to the citizens of
Brooklyn Center.
The methods of financing - if funds are available would be
to pay cash for them, or by voter approval issue general
obligation bonds, or a combination.
In addition any building projects would have to be also
estimated for annual cost of operations, which would fall
back on the general fund.
With this questions in mind, I felt it would be timely to
have the council consider this issue and then refer it to
the Financial Commission for their review and
recommendations.
i
CITY OF BROOKLYN CENTER Council Meeting Date 10/26/92
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
REPORT REGARDING AIR QUALITY STUDIES OF THE CIVIC CENTER AND THE CITY GARAGE .
DEPT. APPROVAL:
app, erector of Public Works 3
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /attar ed
SUMMARY EXPLANATION: (supplemental sheets attached Yes
On June 8, 1992 the City Council authorized preparation of air quality studies at
the Civic Center and at the City Garage, based on recommendations from the Employee
Safety Committee. Those studies have now been completed and have revealed serious
deficiencies at both facilities. Interim improvements are being made to deal with
the most serious problems. However, feasibility studies are needed to define long-
term solutions to these problems.
Submitted herewith are the following:
• a summary evaluation by Sy Knapp, Director of Public Works
• copies of both reports as prepared by Legend
• copies of proposals for feasibility studies of both facilities
Staff, and a representative from Legend Technical Services will be prepared to
discuss this information in more detail at the 10/26/92 Council meeting.
RECOMMENDED CITY COUNCIL ACTION
• Review
• . Comment
•
• A resolution authorizing preparation of feasibility reports at a total cost
not to exceed $25,850 is provided for consideration.
C ITY 6301 SHINGLE CREEK PARKWAY
OF BROOKLYN CENTER, MINNESOTA 55430
LY N
TELEPHONE: 569 -3300
ENTER FAX: 569 -3494
EMERGENCY - POLICE - FIRE
TO: G. G. Splinter, City Manger 911
FROM: Sy Knapp, Director of Public Works
DATE: October 22, 1992
SUBJ: Air Quality Studies of the Civic Center
and the City Garage
Part I --History
On June 8, 1992 the City Council received and discussed a staff report
regarding a recommendation from the Employee Safety Committee that air
quality studies be conducted at the Civic Center and at the City Garage.
Based on that report and discussion, the City Council adopted Resolution
No. 92 -133, establishing the project, accepting a proposal from Legend
Technical Services to conduct the study at a cost of $5,000, and
allocating funds for this purpose from the Capital Projects fund.
Submitted herewith are two reports - (one for each complex) - as
prepared by Legend. Briefly, these findings and recommendations may be
summarized as follows:
Civic Center
This study has revealed a number of deficiencies in the mechanical
systems which serve these buildings. Most of these deficiencies
relate to the "comfort level" of the occupants of these buildings.
However, the study also identified two "life safety hazards" which
must be corrected (see the Executive Summary on page 1 of that
report and /or the complete report).
Since receiving Legend's verbal report of their findings, and
during the completion of their report, staff has initiated a
program of "interim" improvements and procedural changes to deal
with the life safety hazards immediately, and to achieve some air
quality improvements. Most of these are relatively low cost and
can be completed within the 1992 operating budget for the
Government Building division. However, we are still evaluating
several items which may incur costs totaling in the range of
$6,000 to $10,000.
'986 Al
I£ the costs of individual items exceed $5000 and /or the total
costs cannot be covered within the operating budget, we will
submit them to the City Council for approval at a future Council
meeting.
In addition to interim improvements, Legend also recommends
development of a long -term plan for corrective action. This issue
is addressed in Parts II and III of this memo.
City Garage
Legend's study of the City Garage has revealed a number of serious
deficiencies, both as to comfort level and as to life safety (see
the Executive Summary on page 1 of that report and /or the complete
report).
Since receiving Legend's verbal report of their findings, and
during the completion of their report, staff has taken the
following action:
• two operational systems (the paint room and the silk
screening operation for signs) have been deactivated "until
further notice ";
• a number of operational and procedural changes have been
implemented;
■ an air quality monitoring program is being established;
lashed•
g g g ,
• some low -cost interim improvements are being made;
• a proposal for developing a long -term plan for corrective
action has been developed and is addressed in Parts II and
III of this memo.
Part II - Staff Analysis of Legend's Studies
Both of Legend's reports recommend preparation of a long -term proposal
for permanent corrective actions. These recommendations have been
reviewed by City Manager Splinter, Chief Building Official Clay Larson,
Fire Chief Ron Boman (Ron is also the Chair of the Employee Safety
Committee), and me. The following plans for action are recommended to
the City Council for consideration.
Civic Center
At the Civic Center the long -term requirements to comply with
Legend's recommendations are relatively limited. At this complex
the costs for these improvements will be quite small in comparison
to other needs (i.e. - space needs, ADA compliance, etc.). Also,
it appears that the physical changes needed to achieve air quality
2
{
improvements can be completed without "activating" current
requirements of the building code, fire code, etc.
City Garay
Discussion of the long -term air quality requirements at the City
Garage indicates that very extensive changes will be required, and
that implementation of those changes will be of such magnitude
that they will activate ADA, building code and fire code
requirements to bring that entire building up to full compliance.
Because these improvements will be extensive, we also recommend
that the functional and space needs of this facility be included
in a feasibility study. These needs include the following:
■ The employee lunch room is located on the second floor and
has no provision for handicap access.
■ The Public Works Dispatcher is located in the parts room.
This provides a very poor environment for this employee and
greatly reduces his ability to function efficiently.
■ The Public Utilities division now employees a female
maintenance worker. There is no separate shower room for
female employees.
■ The existing offices for supervisors, assembly areas for
employees and other work spaces need to be upgraded to
provide improved work environments. Note The 1992
operating budget for the Government Buildings division
includes a $24,000 appropriation for "Phase II" of a
contemplated 3 or 4 phase remodeling program. We have
placed that improvement "on hold" because it is now obvious
a feasibility study may well result in recommendation for
changes which conflict with our contemplated remodeling program.
Part III - Recommendation for Feasibility Studies
Based on our evaluation, staff recommends that a feasibility study be
completed at each of these facilities, i.e.:
Civic Center
A study should be conducted by Legend in cooperation with Oftedahl
Locke and Broadston (OL&B) - (the mechanical engineers who have
worked for the City on remodeling projects during the past 8
years). A copy of their joint proposal is attached.
While the proposal submitted by Legend and OL&B covers services
totaling an estimated $11,150 in costs, staff recommends
3
acceptance and approval of only the following portions of that
proposal at this time:
Legend Technical Services
for Tasks I -IV = $4000
for Option II = $ 750
less deduct, if City Hall and
City Garage studies are
authorized concurrently = 500
Net Cost for Legend's Services = $4250
Oftedahl Locke and Broadston Services
Phase I only = 1800
Total = $6050
Completion of these portions of their proposal will provide the City
with the feasibility analysis and will include services which will
assist in improving the energy efficiency of this facility.
Once the feasibility portion of this study is completed, decisions can
then be made whether to proceed with:
Option 1 - Continue to function on the basis of the interim
improvements which are being implemented
Option 2 - Proceed with implementation of the improvements
covered by the feasibility study. Under this option
we would then authorize development of the plans and
specifications for needed improvements (as
contemplated by the Legend /OL&B proposal), or
Option 3 - Plan to include the improvements recommended by the
feasibility study into a larger project.
City Garage
Here we recommend that a detailed feasibility study be conducted
by Legend in cooperation with OL&B and with Mjorud Architecture
(this firm has provided architectural services relating to this
facility during the past 8 years). A copy of their joint proposal
which covers services totalling $19,900 is attached.
As noted in Part II, staff believes it is necessary to complete a
comprehensive analysis of this facility. Accordingly, we
recommend acceptance of this entire proposal as submitted. It
should be noted, however, that proceeding with the entire
feasibility study does not mean that the entire long -term plan
would need to be implemented at once. As shown in the proposal,
4
Task II would define the long -term plan, whereas Task III would
define an "Intermediate" action plan.
A Final Note A representative of Legend Bend Technical Services will attend the
10/26/92 Council meeting to resent
g p and discuss their Phase I study in more
detail and to discuss their proposals for the needed feasibility studies.
—4 _/
Sy 106app
5
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING PROPOSALS FOR PHASE II PROFESSIONAL
SERVICES FOR IMPROVEMENT PROJECT NO. 1992 -14, AIR QUALITY
STUDY FOR CIVIC CENTER AND CITY GARAGE, AND ALLOCATING
FUNDS THEREFORE
WHEREAS, on June 8, 1992 the City Council adopted Resolution No.
92 -133, establishing Project No. 1992 -14, Air Quality Study for Civic Center
and City Garage based on recommendations from the City's Employee Safety
Committee, and accepting a proposal from Legend Technical Services (Legend) to
provide professional services as needed relating to this study; and
WHEREAS, Legend has completed the studies contemplated under their
proposal and those studies have identified significant deficiencies at each of
these facilities; and
WHEREAS, it is the opinion of the City Council that it is now
necessary to proceed with feasibility studies which more fully define the
permanent improvements needed at these facilities, and estimate the costs of
those improvements; and
WHEREAS, the City Manager in compliance with the Policy for
Professional Services, as approved by the City Council on August 12, 1991,
has obtained proposals for the professional services needed to conduct such
feasibility studies at costs not to exceed $6,050 for the Civic Center and not
to exceed $19,800 for the City Garage, and it is the opinion of the City
Council that said costs are fair and reasonable; and
WHEREAS, the Capital Improvements Fund was established by Resolution
No. 68 -246 for the purpose of financing major permanent facilities as needed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The following proposals for professional services are hereby
accepted:
■ for feasibility study relating to Civic Center:
Not -To- Exceed
Services Providers Cost Estimate
Legend Technical Serv. $4,250
Oftedahl, Locke &
Broadston $1,800
Total $6,050
RESOLUTION NO.
■ for feasibility study relating to City Garage:
Not -To- Exceed
Services Providers Cost Estimate
Legend Technical Serv. $12,100
Oftedahl, Locke &
Broadston $ 2,800
Mjorud Architecture 4,900
Total $19,800
The Major and City Manager are hereby authorized and directed
to execute contracts with said firms on the basis of those
proposals.
2. All costs for this project shall be allocated from the Capital
Projects fund.
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member , and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
PHASE I
INDOOR AIR QUALITY EVALUATION
CITY OF BROOKLYN CENTER
CITY HALL /COMMUNITY CENTER
BROOKLYN CENTER, MN
LEGEND NO. 92- 2041.1
October 7, 1992
SUBMITTED BY:
LEGEND TECHNICAL SERVICES, INC.
739 Vandalia Street
St. Paul, MN 55114
612/642 -1150
Ohio Operations: Wisconsin Operations:
3438 Blocker Drive 850 Highway 153
Kettering, OH 45420 Mosinee, WI 54455
513/299 -1696 715/693 -1180
f-
�r. L ile r�d
Service$
739 VANDALIA ST.
ST. PAUL, MN 55114
(612) 642 -1150
FAX(612)642 -1239
October 7, 1992
Mr. Sy Knapp
Director of Public Works
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Phase I
Indoor Air Quality Evaluation
City Hall /Community Center
City of Brooklyn Center
Brooklyn Center, Minnesota
LEGEND No. 92- 2041.1
Dear Mr. Knapp:
LEGEND TECHNICAL SERVICES, INC. (LEGEND) is pleased to submit this report of our Phase I
indoor air quality (IAQ) evaluation for the City Hall /Community Center facility. We have separated the
City Hall /Community Center and City Garage into two separate reports for clarity purposes. This report
contains our initial findings and recommendations
The results of this report were based upon our visual observations, minimum air quality standards, tracer
gas analysis, and data acquired while conducting our investigation.
Please call us at 612/642 -1150 if you have any questions on the report. We look forward to continuing
to work with you in the future.
Sincerely,
LEGEND TECHNICAL SERVICES, INC.
��---
r
Charles A. Lane, AIA, P.E.
Technical Director
CAL /ps
"Indoor Environmental Quality Consultants"
TABLE OF CONTENTS
i
PHASE I
INDOOR AIR QUALITY EVALUATION
CITY OF BROOKLYN CENTER
CITY HALL /COMMUNITY CENTER
BROOKLYN CENTER, MN
LEGEND NO. 92- 2041.1
TABLE OF CONTENTS
ITEM PAGE(S)
NARRATIVE REPORT
EXECUTIVE SUMMARY 1
1.0 INTRODUCTION 2
2.0 PROCEDURE 2-3
3.0 DESCRIPTION OF THE FACILITY 3
4.0 CRITERIA 3
5.0 FINDINGS 3 -5
6.0 RECOMMENDATIONS 5-6
7.0 REMARKS 6
8.0 STANDARD OF CARE 7
APPENDIX A
TRACER GAS DECAY CURVE
APPENDIX B
MEASURED AIR FLOW DATA - AHUs 4 AND 5
APPENDIX C
MICROBIOLOGICAL DATA - AHUs 4 AND 5
k
6
_ r
NARRATIVE REPORT
PHASE I
INDOOR AIR QUALITY EVALUATION
CITY OF BROOKLYN CENTER
CITY HALL /COMMUNITY CENTER
BROOKLYN CENTER, MN
LEGEND NO. 92- 2041.1
EXECUTIVE SUMMARY
LEGEND TECHNICAL SERVICES, INC. (LEGEND) performed a Phase I indoor air quality (IAQ)
evaluation of the Brooklyn Center City Hall /Community Center (hereinafter "facility "). This survey was
requested on June 15, 1992 in response to occupant complaints of sporadic odors, throat irritation,
headaches, and thermal discomfort.
The evaluation revealed several deficiencies in the performance of the mechanical systems serving this
facility. The major findings are as listed below:
1. The tracer gas analysis revealed that air from the occupied spaces is not being effectively returned
to air handling units (AHUs) 4 and 5 serving their respective areas. This results in low air
exchange rates and the perception by the occupants of "stuffy air" and occupant discomfort. It
also results in reduced energy efficiency in the operation of the AHUs.
2. Recent construction modifications to the boiler room and adjacent hallway has resulted in the
boiler room air to change from negative to positive conditions with respect to the adjacent areas.
When under positive pressure conditions, air migrates from the boiler room into the Police
Department through the ceiling plenum. This can result in odors and combustion products
contaminating the Police Department.
3. The mechanical room is used for storage of large amounts of paper combustible products. This
condition results in excess dust and particulars to be induced into the air flow of the building.
This also is a life safety hazard since the mechanical room is part of the return air system.
4. More than necessary outdoor air is being supplied to the AHUs but is not being distributed
properly to all the occupied building spaces.
5. The air filters in the AHUs are low efficiency particulate type. This results in minimal filtration
of airborne particulates, such as building and paper dusts, fibers, pollens, dust and dirt. Medium
efficiency, pleated filters should be installed.
6. The microbiological analysis of air filters revealed that both air filters had moderate to high levels
of fungal growth. The filters in AHU 4 were considered by definition to have heavy
contamination. The organisms found on the filters can illicit allergic reactions according to
published literature.
7. Based on meetings with city staff, a temporary corrective action plan was developed. A long
term corrective plan is being developed and will be addressed in a new proposal to the City of
Brooklyn Center.
1
LEGEND No. 92- 2041.1
1.0 INTRODUCTION
LEGEND TECHNICAL SERVICES, INC. (LEGEND) performed a Phase I indoor air quality
(IAQ) evaluation of the Brooklyn Center City Hall /Community Center Building located at 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota (hereinafter "facility "). The survey was
requested on June 15, 1992 by the City of Brooklyn Center.
The initial evaluation was performed on June 30, 1992 by LEGEND representatives, Charles A.
Lane, AIA, P.E. and Steve Bodnar, Environmental Scientist.
The evaluation was requested in response to indoor air quality complaints by some of the
occupants in the City Hall/Community Center including sporadic odors eye and upper respiratory
P Y Y g P � Y PP P rY
irritation, fatigue, headaches, thermal discomfort, and "stuffy air ".
2.0 PROCEDURE
2.1 LEGEND began the survey with a meeting with the City staff to discuss the complaints
and occurrences. Present at the meeting were Mr. Sy Knapp, Director of Public Works,
along with other City personnel.
After this meeting, LEGEND performed a visual survey of the facility. The purpose of
the survey was to identify any unusual air contaminants, converse with some of the
occupants, visually observe the heating, ventilating, and air - conditioning (HVAC)
systems, and observe the processes and activities occurring in the affected areas of the
building.
2.2 Ventilation System Evaluation
To evaluate ventilation characteristics, LEGEND used air flow visualization and tracer
gas analysis for determining typical internal air movement characteristics.
- Tracer Gas Analysis
Tracer gas analysis was then used to evaluate the effectiveness of the ceiling plenum
return air system. Tracer gas testing was performed by injecting a metered amount of
sulfur hexafluoride (SF in a pre - selected zone of the duct system and measuring the
decay of the gas using a Miran 113 fixed wavelength infrared spectrophotometer i.e.
P (
decrease in gas concentration with time). SF, is an inert, odorless, non -toxic material
used in tracer gas analysis process. It results in no adverse health effects when used in
appropriate metered concentrations. The data acquired from this analysis were then
analyzed to provide HVAC performance information including the number of total air
changes per hour (ACH) and determine the quantity of outdoor air delivered to the
occupied zone in the facility.
2
LEGEND No. 92- 2041.1
The area selected for the tracer gas evaluation was the office of the Director of Finance.
This area was selected because it is located furthest from the AHUs return air duct risers
and has one of the few ceiling "egg crate" returns in the facility. These tracer gas results
were then compared to air quality performance criteria provided by minimum code and
indoor air quality standards.
2.3 Air Flow Measurements
Actual air flow measurements were obtained in AHUs 4 and 5. Measurements were
made with the outdoor air dampers set in their normal "minimum" position. This was
done to simulate "worst case" conditions for outdoor air. These data were then compared
to the results of the tracer gas analysis for quality control purposes.
2.4 Several microbiological samples were obtained from the air filters in AHUs 4 and 5.
The samples were analyzed for species identification and quantified.
3.0 DESCRIPTION OF THE FACILITY
The City Hall /Community Center is a two level complex with the lower level being partially
underground. The lower level consists of the Police Department, boiler room, mechanical room,
and the adjacent indoor swimming pool building. The upper level includes the city offices and
Council Chamber.
Heating is provided by a natural draft boiler and cooling is provided by chilled water. Air is
distributed by two main air handling units (AHUs) through a dual -duct supply air system with
constant air volume (CAV) mixing boxes. AHU No. 4 serves the lower level Police Department
and AHU No. 5 serves the upper level offices. Outdoor air is directly ducted to each AHU. Air
from the occupied spaces is returned to the AHUs through the suspended ceiling egg crates and
the ceiling plenum. The air filters in the AHUs are a low particulate efficiency type (less than
10 %). Approximately 60 people occupy the upper level and approximately 25 people occupy the
Police Department. Occupant levels in the Council Chamber and swimming pool vary. It was
LEGEND'S understanding that no smoking is allowed in the building.
4.0 CRITERIA
Criteria provided by the American Society of Heating, Refrigerating, and Air - Conditioning
Engineers, Inc. (ASHRAE), Standard 62 -1989, Ventilation for Acceptable Indoor Air Quality
the American Conference of Government Industrial Hygienists (ACGIH), the American Society
of Testing and Materials (ASTM), and the Uniform Building and Mechanical Codes were used
to evaluate the acceptability of the indoor air. Recommended modifications to improve indoor
air quality were also based on these criteria.
5.0 FINDINGS
5.1 Ventilation System - Tracer Gas Analysis
The tracer gas analysis revealed that the upper level test site was exchanging air at a rate
of 10.8 ACH. This is a relatively high air exchange rate which is due partly to the test
area site having one of the few ceiling return grilles found in the facility.
Thus, an unusually large quantity of air passes through this test site to enter the return
air ceiling plenum. The excess air comes from the adjacent office areas. However, as
3
LEGEND No. 92- 2041.1
the air from the adjacent areas reaches the test site, it has the highest concentration of
other area contaminants (i.e., personnel perfumes, body odors, general office dirt, dust,
carpet fibers, copy machine gases, glue, and other typical air contaminants). This occurs
because the air stream is accumulating indoor air contaminants as it moves through the
adjacent areas toward the ceiling egg crate air returns grilles. Thus, the occupant in the
test site office space is likely to be exposed to the most contaminated air because of the
single return air grille location.
For this reason, the correct number and placement of ceiling returns is important to
provide proper internal air movement.
The tracer gas decay curve for the test site area is found in Appendix A.
5.2 Air Flow Data - AHUs
The air flow data from the tracer gas analysis revealed that more than necessary outdoor
air was being provided to AHUs 4 and 5 when the outdoor air dampers were set in the
minimum position. However, because of the previously discussed performance problem
with the return air system, the outdoor air is not being properly distributed to all the
occupied spaces. This results in indoor air quality complaints in specific areas of the
facility. If the return air system is corrected, it is likely that the outdoor air flow rates
in the AHUs can be reduced. This will result in energy savings for the City by not
having to condition so much outdoor air, and should not adversely impact indoor air
quality or occupant comfort.
The measured air flow data are found in Appendix B.
5.3 Mechanical Room
The mechanical room contains AHUs 4 and 5 and is also part of the return air system.
LEGEND observed the storage of large amounts of paper products in this room. Paper
products are a large generator of dust and particulates and will tend to quickly load the
air filters and supply air ducts. The storage of large quantities of paper products in an
air handling return is also a fire safety hazard since the mechanical room is part of the
return air system.
5.4 Boiler Room
The boiler room results in several indoor air quality problems. First, because of the
addition of the rear entrance /exit corridor to the Police Department, the size of the boiler
room, and the outdoor air intake louvers were reduced. This resulted in negative to
positive pressure conditions in the boiler room at different times and operating conditions.
A negative air pressure in the boiler room will induce chlorine odors from the adjacent
swimming pool equipment room when the door separating the two areas is open. Also,
when the boiler room becomes negatively pressurized, it can result in downdrafting of
the boiler flue gases.
Secondly, the incomplete wall system separating the boiler room, corridor, and the
ceiling plenum in the Police Department allows air from the boiler room to migrate into
the Police Department.
4
LEGEND No. 92- 2041.1
Odors from the boiler room have been the source of past complaints by the Police
Department. The current situation also poses a life and health safety hazard for exiting
as well as indoor air quality problems.
5.5 Microbiological Data
The microbiological data from AHU 5 revealed that the air filter had moderate fungal
growth. The microbiological samples in AHU 4 met the quantitative definition for heavy
fungal contamination at greater than one million colony forming units per gram (cfu /g).
Replicate and control samples were obtained and confirmed for quality control purposes.
Some of the fungi can result in allergic responses by some occupants according to
published literature.
The microbiological data are found in Appendix C.
5.6 AHU Controls
Durin g g Y the tracer as analysis, LEGEND discovered that several of the thermostats
and /or mixing boxes were not operating correctly.
6.0 RECOMMENDATIONS
6.1 Ventilation System
Additional 2 ft. x 2 ft. egg crate returns should be installed in the ceilings on both levels.
We recommend that one egg crate be installed approximately every 400 square feet of
interior zone office area and uniformly distributed throughout the City Hall facility.
Furthermore, each enclosed office should have an egg crate return at least one square
foot in area. This will improve internal air distribution in the occupied zones and indoor
air quality. Placement of the egg crates needs to be carefully planned to avoid any
potential life safety problems, for example, penetrating a fire wall in an exit corridor
without proper fire dampers.
Sound transfers may need to be installed in private offices to facilitate air movement and
for noise control.
6.2 Air Filters
The existing air filters located in AHU 4 and 5 should be replaced with filters at least of
a 30% efficient based on the ASHRAE Dust Spot Method (e.g., 2" thick pleated filters
type). The existing roll type filters can remain as a pre - filter if room permits.
6.3 Mechanical Room - Lower Level
The storage of large amounts of exposed paper products should be discontinued. Paper
items should be removed or stored in metal fireproof file cabinets. No solvents, cleaning
fluids, or other combustible or flammable materials should be stored in this return air
mechanical room system.
5
LEGEND No. 92- 2041.1
6.4 Boiler Room
1. The entrance /exit corridor separating the boiler room should be modified to
provide a proper fire separation between the boiler room, corridor, and Police
Department air plenum. Because of the limited room for construction and tight
construction space limitations, a specific design solution may need to be
researched rather than just filling in gaps and openings. All openings in the
boiler room wall should be sealed. One recommendation is to install a sealed
fire rated ceiling in this corridor or use a 3M fire rated sealant in the separation
wall. This boiler room requires adequate air to assure proper equipment
operations and to avoid over pressurization to contaminated adjacent occupied
spaces.
2. We also concur with the recommendations made by Oftedal, Locke, Broudston
and Associates, Inc. dated July 10, 1991 that additional mechanical ventilation
is required to the boiler room. However, the wall separating the boiler room
from the Police Department and entry /exit corridor should be completely sealed
as described in Item 1 above.
6.5 Microbiological
Because of the heavy fungal al contamination in the air filters on AHU 4 and moderate
contamination in AHU 5 air filters, additional sampling is recommended to determine the
extent of the fungal contamination throughout the supply and return air duct systems. A
corrective solution can be developed to clean the system, if necessary.
6.6 AHU - Controls
All thermostats and mixing boxes should be checked by a qualified mechanical contractor
and repaired or replaced as necessary.
7.0 REMARKS
LEGEND is pleased to submit this report of our Phase I indoor air quality findings and
recommendations. The primary problems identified include inadequate air distribution,
microbiological contamination in the AHUs, and low ventilation efficiency.
Meetings were held with City staff and the architect and engineer contracted by the City on
September 17, 1992 and October 1, 1992. The purpose of the meetings was to develop a
temporary corrective action plan and a proposal to develop permanent solutions.
6
LEGEND No. 92- 2041.1
AD The temporary action plan consisted of the following tasks.
1. City Staff will explore options to install return air ducts in the Mechanical Room to
discontinue using the room as part of the return air plenum and install heat/smoke
detector and sprinkler system to HVAC shutdown. Staff will also explore upgrading the
air filters as recommended.
2. City staff will explore options to modify the boiler room Police Department area as
recommended.
3. City staff will install additional "egg crate" ceiling returns throughout the City Hall
facility to improve performance of the return air system. Staff will install egg crates in
locations that will minimize sound transfer between offices. They will also identify
offices that require may the addition of sound attenuating transfers.
4. City staff will take steps to check and calibrate thermostats and mixing boxes as
necessary.
Permanent Solutions.
1. City staff requested LEGEND and the City Architect and Engineer to develop a Phase
II proposal to develop permanent corrective actions.
8.0 STANDARD OF CARE
The recommendations in this report represent our professional opinions. These opinions were
arrived at in accordance with currently accepted architectural, engineering, minimum code, and
industrial hygiene practices at this time and location. Other than this, no warranty is implied or
intended.
Submitted By:
LEGEND TECHNICAL SERVICES, INC. /
- Charles A. Lane, AIA, P.E. Michael Berreau, C.B.O.
Technical Director Technical Director
CAL /MB/ s
p
7
APPENDIX A
TRACER GAS DECAY CURVE
9e 1
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• II
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APPENDIX B
MEASURED AIR FLOW DATA
AHUs 4 AND 5
APPENDIX B
Brooklyn Center
City Hall /Community Center
LEGEND No. 92- 2041.1
Measured Air Flows at Minimum Outdoor Air Damper Position
AHU NO. 4 5
Lower Level Upper Level
Serves Police Department Cijy Hall
Outdoor air duct size (ft 7.3 25
Outdoor air velocity (fpm) 335 217
Outdoor air flow (cfm) 2,442 5,425
CFM outdoor air /occupant *97 *45
(at design occupancy)
Return air duct size (ft 8.4 25
Return air velocity (fpm) 555 377
Return air flow (cfm) 4,666 9,425
Total supply air flow (cfm) 7,108 14,850
* Exceeds American Society of Heating, Refrigerating, and Air - Conditioning Engineers, Inc.
(ASHRAE) recommended minimum outdoor air rate of 20 cubic feet per minute per occupant
(cfm /occupant).
APPENDIX C
MICROBIOLOGICAL DATA
AHUs 4 AND 5
APPENDIX C
Brooklyn Center
City Hall /Community Center
LEGEND No. 92- 2041.1
Summary of Results for Fungal Growth on Dilution IMA Plates
LOCATION CFU /GRAM PRIMARY ORGANISMS PLATE COUNT
Sample #1 AHU #5
Air Filter 120,000 Cladosporium sp. * 28%
Hyaline Mycelia 10%
Penicillium sp. 10%
Aspergillus niger 8%
Aspergillus Nidulans 5%
The rest are less than 5%
Aspergillus fumigatus
Trichoderma sp.
Paecllomyces sp.
Mucor sp.
Geotrichum sp.
Humicola sp.
Acremonium sp.
Trichophyton sp.
Phoma sp.
Sample #2 AHU #4
Air Filter 1,100,000 Cladosporium sp. * 33%
10,000 dilution Acremonium sp. 16%
Aspergillus glaucus * 16%
Sample #2 AHU #4 Hyaline mycelia 16%
Air Filter 300,000+ Cladosporium sp. * 40%
Aspergillus niger 5%
Alternaria sp. 5%
The rest are less than 5%
Penicillium (biverticillium gp.)
Trichothecium sp.
Paecilomyces sp.
Aspergillus glaucus
Fusarium sp.
Rhizopus sp.
Yeast (Candida sp.)
Penicillium (tetraverticillate gp.)
DEFINITIONS
CFU Colony forming unit - a distinctly separate colony on a culture plate
gp. A subgroup within a genus
Member of the genus listed subsequent to this abbreviation
Allergenic type molds and fungus according to published literature
PHASE I
INDOOR AIlZ; QUALITY EVALUATION
CITY OF BROOKLYN CENTER
CITY GARAGE
BROOKLYN CENTER, MN
LEGEND NO. 92- 2041.2
October 7, 1992
SUBMITTED BY;
LEGEND TECHNICAL, SERVICES, INC.
739 Vandalia Street
St. Paul, MN 55114
612/642 -1150
Ohio Operations: Wisconsin Operations:
3438 Blocker Drive 850 Highway 153
Kettering, OH 45420 Mosinee, WI 54455
513/299 -1696 715/693 -1.180
Leoei)d
Technical serviced
739 VANDALIA ST.
ST. PAUL, MN 55114
(612) 642 -1150
FAX(612)642 -1239
October 7, 1992
Mr. Sy Knapp
Director of Public Works
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Phase I
Indoor Air Quality Evaluation
City Garage
City of Brooklyn Center
Brooklyn Center, Minnesota
LEGEND No. 92- 2041.2
Dear Mr. Knapp:
LEGEND TECHNICAL SERVICES, INC. (LEGEND) is pleased to submit this report of our Phase I
indoor air quality (IAQ) evaluation for the City Garage facility. We have separated the City Garage and
City Hall /Community Center into two separate reports for clarity purposes.
The results of this report were based upon our visual observations, minimum air quality standards, life
safety and OSHA codes and data with photographs acquired while conducting our investigation.
The report contains our findings and recommendations to assist in the Phase II corrective action
remediation design to mitigate the indoor air quality complaints and provide guidance to meet minimum
life safety, and OSHA air quality compliance.
Please call the undersigned at 612/642 -1150 if you have any questions on the report. We look forward
to continuing to work with you in the future.
Sincerely,
LEGEND TECHNICAL SERVICES, INC.
f
i)
Charles A. Lane, AIA, P.E.
Technical Director
CAL /ps
"Indoor Environmental Quality Consultants"
PHASE I
INDOOR AIR QUALITY EVALUATION
CITY OF BROOKLYN CENTER
CITY GARAGE
BROOKLYN CENTER, MN
LEGEND NO. 92- 2041.2
TABLE OF CONTENTS
ITEM
NARRATIVE REPORT
EXECUTIVE SUMMARY
1.0 INTRODUCTION
2.0 PROCEDURE
3.0 DESCRIPTION OF THE FACILITY
4.0 CRITERIA
5.0 FINDINGS
6.0 COMMENTS AND PRELIMINARY PHASE I RECOMMENDATIONS
7.0 REMARKS
8.0 STANDARD OF CARE
APPENDIX A
CODE EXCERPTS
APPENDIX B
PLANS
PHOTOGRAPHS
APPENDIX C
TABLE 1 - VOLATILE ORGANIC COMPOUNDS
TABLE 2 - PARTICULATE AND METAL FUME AIR SAMPLING
TABLE 3 -DUST ANALYSIS
PHASE I
INDOOR AIR QUALITY EVALUATION
l CITY OF BROOKLYN CENTER
CITY GARAGE
BROOKLYN CENTER, MN
LEGEND NO. 92- 2041.2
EXECUTIVE SUMMARY
LEGEND TECHNICAL SERVICES, INC. (LEGEND) performed a Phase I indoor air quality (IAQ)
evaluation of the Brooklyn Center City Garage located at 6844 Shingle Creek Parkway, Brooklyn Center,
Minnesota (hereinafter "facility ") on June 30, 1992 and July 15, 1992.
The purpose of the evaluation was to identify the sources of occupant complaints of poor indoor air
quality and discomfort at different periods throughout the year.
Air monitoring was performed over the full work shift on July 15, 1992. See Tables 1, 2, and 3 for
identification of contaminants and levels detected. Even though contaminant levels detected were within
their respective OSHA permissible exposure limits (PELs), the activities taking place in the garage do
not represent "worst case" winter conditions when contaminant levels are expected to be significantly
higher. We advise repeating sampling in the winter months on a high activity day.
Simulation of air quality conditions when trucks are running to attach plow blades was attempted by
running six trucks at one time inside the garage. Carbon monoxide level of 900 ppm measured five
minutes after the trucks were started in the garage exceeds the OSHA TWA of 35 ppm and indicates that
an air quality problem exists in the facility during this operation.
In our opinion, the building air quality problems directly relate to the occupancy uses, lack of local
exhaust ventilation, improper separations between the various processes performed in the building, air
exchange rates, air distribution characteristics, and general housekeeping procedures.
Based on the results of the evaluation, education, and our experience, LEGEND has recommended
several actions be taken immediately to correct minimum life safety and air quality complaints. These
were presented to the City in our letter dated September 17, 1992 and meetings held on September 17,
1992 and October 1, 1992.
In response, the City initiated several temporary corrective actions and requested LEGEND prepare a
proposal for developing permanent corrective actions. The long term proposal is in the process of being
developed.
1
1.0 INTRODUCTION Project No. 92- 2041.2
LEGEND TECHNICAL SERVICES, INC. (LEGEND) performed a Phase I indoor air quality
(IAQ) evaluation of the Brooklyn Center City Garage located at 6844 Shingle Creek Parkway,
Brooklyn Center, Minnesota (hereinafter "facility "). The survey was requested on June 15, 1992
by the City of Brooklyn Center (hereinafter "client ").
An initial walk through was performed on June 30, 1992 by LEGEND representatives, Charles
I
A. Lane, AIA, P.E. and Steve Bodnar, Environmental Scientist. A follow-up evaluation and air
monitoring were performed on July 15, 1992 by LEGEND representatives Cheryl Sykora,
y
C.I.H., C.S.P., and Michael Berreau, C.B.O. (Code Specialist). -
The evaluation was requested in response to air quality complaints by occupants in the City
Garage including odors associated with gas combustion, eye and upper respiratory irritation,
fatigue, nausea, dizziness, and headaches.
I
2.0 PROCEDURE
2.1 General
LEGEND began the survey of the City Garage with a meeting to discuss the type
complaints, their occurrences, specific problems, and concerns. Present at the meeting
with LEGEND representatives were Mr. Sy Knapp, Director of Public Works, along with
the other City personnel.
After the walk through review of the City Hall /Community Center facility, LEGEND
visited the City Garage and performed a visual survey of this facility. The purpose of
this initial survey was to identify likely suspect sources of air contaminants, review
concerns, and information with some of the occupants, visually observe the different
building uses, determine the mechanical HVAC supply and exhaust systems, and observe
the processes and activities occurring in the facility. Charles Lane and Steve Bodnar,
from LEGEND, conducted the initial walk through survey of the facility and found
unusual area air flow patterns and several different operations in the facility without
specific separations or local exhaust systems.
On July 15, 1992, Cheryl Sykora, CIH, CSP, and Michael Berreau performed air
monitoring in several locations within the facility and conducted a preliminary review of
the facility with respect to minimum life and health safety requirements.
2.2 Life Safety Code Compliance
Criteria for review of minimum life safety requirements were used, in part, as set forth
by the adoption of Minnesota State Statutes, 299F.0I I which adopts the Minnesota State
Fire Code and, by reference, the Uniform Fire (UFC) and the Uniform Building (UBC)
and Mechanical (UMC) Codes for classifying the building occupancy classifications, type
of construction, height, quantity, type, and environmental contents. Table 5 -B of the
Uniform Fire Code outlines the occupancy fire separations in hours and Table 17A
outlines construction types.
2
Project No. 92- 2041.2
Exiting conditions are also a concern and Table 33 -A and Article 12 outline specific
requirements (see Appendix 2). For purposes of mechanical requirements the use of the
fire, mechanical codes, and ASHRAE Standard 62 -1989 standards should be used in
harmony with each specific occupancy use to determine adequate ventilation
requirements. In addition, the American Conference of Governmental Industrial
Hygienists (ACGIH), Industrial Ventilation Manual was used to assess local ventilation
requirements.
2.3 Air Sampling
Volatile Organic Compounds (VOCs)
Air samples were collected on charcoal tubes using calibrated vacuum pumps. The tubes
were desorbed with carbon disulfide and analyzed for VOCs using Gas Chromatography
with FID. Compounds were identified by retention time and quantified by comparison
with known standards.
Metals
Air samples were collected on 0.8 micron MCE using calibrated vacuum pumps. The
samples were analyzed using Atomic Absorption Spectrometry.
Carbon Monoxide
Carbon monoxide was determined using a direct reading Neotronics CO monitor.
2.4 Information Meetings
Information meetings were held on September 17, 1992 and October 1, 1992 between
LEGEND, Brooklyn Center City staff, and the architect and engineering contracted by
the City. The purpose of these meetings was to discuss the evaluation and initiate
corrective actions.
3.0 DESCRIPTION OF THE GARAGE
3.1 General Construction /Uses
The garage is a fully sprinkled, two -story building. The type construction is concrete
with open steel framing and no fireproofing (UFC Appendix VI -P, Table 17A). The
offices, parts room, and second floor lunch room facility are heated by two Lennox
furnaces which are located on the second floor in an open mezzanine adjacent to the
parking garage area. The remainder of the building is heated by radiant tube heaters
suspended from the ceiling in the garage parking area and a direct gas fired air handling
unit (AHU). The AHU is over 400,000 BTUs and is located in the mezzanine and is
open to the garage parking area.
The City Garage from the documents referenced in Section 2.2 is considered as a mixed
occupancy facility with several distinct separate uses. The uses identified are as follows
(Uniform Fire Code Appendix V1 -D - Table 5 -A).
3
Project No. 92- 2041.2
• The main section of the facility is used as a garage to park city trucks. This
garage area is equipped with a ducted exhaust system with 1.5 ft by 3 ft floor
level openings approximately every 15 to 20 feet along the exterior walls (see
Appendix, Photo 11). Overhead garage doors are located at opposite ends of the
garage. These doors are generally kept open during warm weather.
• A car wash is located in a walled in area at the east end of the garage.
• A paint storage area containing flammable storage cabinets and 5 gallon
containers of paints and solvents is located at the southwest corner of the parking
garage. The front of the storage area was open to the parking garage with a
concrete dike across the front of the opening for spill control (see Photos 5 and
6)
• A wood shop, sign screen painting, paint booth and repair area are located in
separate rooms along the south side of the facility. Doors open into the parking
garage from these areas (see Photo 14).
• The paint booth is equipped with a separate exhaust ventilation system. The silk
screening /sign painting area is equipped with no local ventilation. A moveable
exhaust hood is located over the welding station in the repair area (see Photos 7,
8, 13).
• On the air sampling date of July 15, 1992 some welding was being done in the
repair area, no work was being done in the wood shop, no work was being done
in the silk screening /sign painting area and trucks were not running in the garage
area. Most employees were working outside in the district. A paint truck was
filled in the southwest paint storage area.
3.2 Sampling Strategy
The garage doors were closed during the air sampling period in an attempt to simulate
winter conditions when employees felt most air quality problems occur. Air sampling
was done in the paint storage area, in the oil and carburetor cleaner storage area off of
the repair garage and in the repair garage where welding was being done over the work
shift.
Employees simulated truck operation which takes place in the winter when snowplows
are attached to the trucks. Frequently, as many as ten trucks are running at one time,
according to the staff.
4.0 CRITERIA
Criteria provided by the American Society of Heating, Refrigerating, and Air - Conditioning
Engineers, Inc. (ASHRAE), Standard 62 -1989, Ventilation for Acceptable Indoor Air Quality
the American Conference of Government Industrial Hygienists (ACGIH), Occupational Safety
and Health Administration (OSHA), the American Society of Testing and Materials (ASTM), and
the Uniform Fire, Building, Life Safety, and Mechanical Codes were used to evaluate the
acceptability of the indoor air. Recommended modifications to improve air quality were also
based on these criteria.
4
1
Project No. 92- 2041.2
- 5.0 FINDINGS
The evaluation results are separated into two areas: 1) minimum life safety requirements; and 2)
OSHA air monitoring results obtained from the July 15, 1992 monitoring. The following is not
intended to be a complete code review or air monitoring study but rather it purpose is to provide
an overview of the indoor air problems. The figure in Appendix B lists LEGENDs preliminary
area classifications.
5.1 Minimum life safety code requirements.
a. The facility has mixed occupancies which are not currently fire separated with
appropriate occupancy separations (UFC - Appendix Table 5B).
b. With the several "H" (hazardous) occupancies open to one another without
adequate separations, the facility allowable area is too large (UFC, Table 5C,
with UBC Chapter 5 - Section 506 increases).
C. Because the capacity of the direct fired gas AHU is over 400,000 BTUs, this unit
should be in it's own fire separated room (UFC - UBC Chapter 9 - Section 908).
d. Because the H occupancy uses are not being properly separated, the building type
and construction characteristics are inadequate (UFC - Appendix Table 17 -A).
e. In addition to not having proper occupancy separation for the H occupancies, the
mechanical system supply, exhaust and return air provisions are inadequate to
achieve proper air exchange rates (UFC - Chapter 29, Section 29.103, Chapter
79 - Section 79.804, Chapter 45 Sections 45.206, 45.405).
f. The gas fired AHUs and furnaces located in the mezzanine are not elevated
properly off the floor and are not provided with adequate outdoor air for
combustion(UFC - UBC Chapter 9, Section 908).
g- The visual survey on the roof revealed that exhaust air was being reentrained into
the outdoor air intakes (UFC - UBC - UMC Chapter 1.9, Section 906).
h. Most offices did not appear to be properly ecirculating air, either b not having
Y Y g
proper air supply distribution or sufficient returns (UFC -UBC Chapter 9,
Sections 905 and 910).
L On the day of our survey, the upper level lunch room supply and return air
system was not adequately distributing air to the occupied spaces (UFC - UBC
Chapter 7, Section 705).
j. No fire dampers were observed in the duct work to the office and second floor
lunch room serving the furnaces located in the open mezzanines (UFC -UBC
Chapter 43, Section 430j).
k. An additional item of concern is the inadequate exiting systems from several of
the H occupancies and other building areas (UFC - Article 12 Reference UBC
Chapter 33).
5
Project No. 92- 2041.2
1. Procedure plans for different type processes for operation are not present.
The above lists the major deficiencies. However, other deficiencies exist and should be
addressed in Phase II evaluation.
Appendix contains applicable code excerpts for informational purposes.
5.2 Air Monitorin2 Findings
a. Appendix C, Tables 1 and 2 present the results of air samples collected within the
facility on July 15, 1992. The figure in Appendix B shows locations where air
samples were collected. Table 1 presents results of volatile organic compounds
- (VOCs) detected in the oil storage area off of the repair garage and the chemical
storage area in the southwest comer of the garage. Note that all levels of solvents
were within their respective Occupational Health and Safety Administration (OSHA)
permissible exposure osure limi
is ELs on the sampling P e am i date. This would be expected
P (P ) p g
P
as very little activity was taking place in the areas on the sampling dates. A cresol
odor was detected in the oil storage area by smell but levels of cresol were actually
below our lower
detectable limit of 0.01 P arts r million e on m )
. The odor threshold
P
for cresol is in the
arts- er- billion range.
P P b
(PP)
b. The major VOC detected was gasoline at concentrations of 1.2 and 1.5 ppm. The
toluene at 1.0 ppm detected in the chemical storage area probably resulted from the
pouring of toluene while preparing to do road painting.
C. Particulate and metal fume air sampling was performed in four areas of the facility
(See Table 2). Sample #1 collected in the welding area shows the highest levels of
the typical welding contaminants of iron oxide, chromium, and manganese of the four
sample locations. Only very limited welding was performed in the area on the date
of the sampling (probably less than one -half hour) and this probably does not
represent worst case conditions.
d, A sample of typical dust was collected from the facility. Appendix C, Table 3
presents the results of analysis for lead and chromium which are likely contaminants
of dust within the facility. The levels detected 4 mg /kg (ppm) and 12 mg /kg (ppm)
do not represent a significant concentration for this type of dust. Normal dust
cleaning methods which do not disperse a significant portion of the dust into the air
can be used to clean dust from surfaces.
e. During our site visit, employees commented on the poor air quality in the facility
during the winter and when trucks are run inside the building as the snow plows are
attached to them. It is our understanding that as many as ten trucks may be operating
in the garage at one time for a 10 to 20 minute period while the snow plows are
attached. In an attempt to simulate the conditions when this occurs, six trucks were
operated at one time and carbon monoxide levels were measured. After
approximately 5 minutes of operation, the carbon monoxide level in the garage had
climbed to 90 ppm and a level of 14 ppm was measured in the mezzanine level lunch
room. The 90 ppm is significantly above the current OSHA time weighted average
(TWA) for carbon monoxide of 35 ppm. It is likely carbon monoxide levels exceed
the OSHA maximum allowable level of 250 ppm for carbon monoxide during the
time the trucks are operating
to attach the low blades. Employee
P complaints of
headaches and lightheadness during times when the trucks are operating indicate
excessive level of carbon monoxide.
6
1
Project No. 92- 2041.2
6.0 COMMENTS AND PRELIMINARY PHASE I RECOMMENDATIONS
6.1 Based on the results of our evaluation, education, and experience, LEGEND recommends
that the City of Brooklyn Center immediately implement the following actions:
a. Discontinue painting in the facility until ventilation needs can be assessed and
permanent corrective measures implemented.
b. Remove or limit the storage of flammable and combustible materials throughout the
facility. Only quantities within minimum code requirements of Table 9A in the
Uniform State Fire and Building Codes should be stored. Therefore, we recommend
that all flammables, explosives, chemicals, and combustibles be removed until a full
code compliance study for acceptable storage methods is conducted.
C. The east and west overhead doors should be opened as much as possible to provide
cross ventilation. Doors can be opened partially or as needed to circulate air through
the area depending on weather conditions.
d. Welding, grinding, etc. should be confined to the repair area only where local
exhaust provisions are provided.
e. Verify that all exhaust fans are operational and run at all times when the garage is
occupied.
f. Until permanent corrective mechanical changes are made, only one vehicle should
operate at one time. Before starting any vehicles, the east /west overhead doors
should be opened.
g. Low cost sampling equipment should be obtained to periodically spot check carbon
monoxide levels throughout the garage to ensure compliance with OSHA regulations.
h. Verify that the lunch room supply and return mechanical system is operating
properly.
i. immediately initiate a feasibility study to develop a short and long term modification
plan for corrective actions.
j. Qualified indoor air quality and code experts should be utilized during the
remediation development plan to ensure that proper minimum life safety, OSHA, and
ASHRAE air quality criteria are being achieved during and after the modifications
to the facility.
7
1
Project No. 92- 2041.2
7.0 REMARKS
The problems identified in this Phase I evaluation are complex. The development of permanent
solutions will require an indepth investigation of the facility uses, as it pertains to minimum life
safety, OSHA standards, AHUs supply return and exhaust air distribution, area separations, and use
of local exhaust ventilation. Processes currently performed in the facility such as painting, welding,
silk screening, open flammables, repair shop, and offices should be reviewed with respect to
regulatory requirements to determine the economic feasibility of continuing these processes within
the garage.
Based on the September 17 1992 and October 1 1992 meetings, a temporary � g , po ary and permanent
corrective action plan was developed.
7.1 Temporary Plan
The action plans consisted of the following tasks.
1. Operation of the paint booth will discontinue until a permanent solution is developed.
2. City staff will design and install an enclosed room to store chemicals.
3. City will discontinue the storing of chemicals and flammables over the allowable fire
code volumes.
4. Operation of City vehicles inside the garage will be limited to one or two vehicles
at any one time. The end doors will be opened to permit ventilation of the garage.
5. The sin h
g sop will not be used until a permanent solution is developed.
6. Welding, grinding and repairs will be confined to the repair areas where local
exhaust systems are located.
7.. City staff will inspect exhaust fans to ensure they are operational.
8. The City will monitor carbon monoxide (CO) levels in the building to assure CO
levels are within the acceptable OSHA guidelines.
7.2 Permanent Plan
LEGEND, the architect and engineer contracted by the City, and representatives from the
City will prepare a joint Phase II proposal to develop a permanent corrective action plan.
The proposal will likely recommend performing tracer gas analysis in the City Garage to
better understand ventilation deficiencies and additional air sampling during the winter
months. The proposal will include recommendations and estimated costs.
8
Project No. 92- 2041.2
8.0 STANDARD OF CARE
The recommendations in this report represent our professional opinions. These opinions were arrived
at in accordance with currently accepted architectural, engineering, minimum code, and industrial
hygiene practices at this time and location. Other than this, no warranty is implied or intended.
Submitted By: Reviewed By:
LEGEND TECHNICAL SERVICES, INC.
Michael Berreau, C.B.O. Charles A. Lane, AIA, P.E.
Technical Director Technical Director
Cheryl A.
ec.l. , C.S.P.
President
MB /CAL /CAS
9
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°i'F'£C�D�•rc -S�s' R1t�r nTNC 0'�T !r. t''T'TONS
The following is a list of the effective dates of the adoption of past
rules to the present:
July 1, 1971 Surcharges
July 1 1972 State Building Code shall apply ntatewido and
supersede and take the place of the building
code of any municipality. Specifically the
code shall apply to any municipality which as
of May 28, 1971, has a building code and shall
further apply to any municipality which chooses
to adopt a building code thereafter. Thz
State Bulliling Cod1_PS�4L - — reference the
11970 Uniform Building Codc-
October 1972 Supplement to the 1972 SBC.
June /July 1973 Amendments to t.272 SBC.
January 14, 1974 Adoption by reference of the 1973 Uniform
Building C
October 3 1975 Minnesota Uniform Fire Code which adopts by
reference the 1973 Un iform Fire Code-
November 18, 1975 Adoption of the Handicapped Code. , Chapter 55 .
and new Uniform Building Code Section 1717 Foam
plamtica_
January 14, 1976 IS76 State Building Cods
l
3 January 30, 1976 Energy Con•ervation in Bui1_dings-
October 29, 1977 Solar Energy Code
September 19, 1978 1978 State Building Code adopting by reference
the 1976 Uniform Building Code amending the
Energy Con92rva' i on in Bjai1S:i ngs CQde -
October 27, 1978 1278 National Electric Code.
September 9, 1980 19BO State Building Code adopting by reference
the 1979 Uniform Building Code.
October 20, 1980 Elevator Rule - Ho= Ene r gy_Disciosure Ruleg.
March 9, 1981 Energy Conservation Standards fo ` Existing
Res dence- .
April 6, 1981 198 Nations! Elec`rjQal Code
April 11, 1983 Minnesota Uniform Fire Code which adopts by
reference the 1982 Uniform Fire Cods,
March 1, 1983 Amended 1,g8_O_atc 11i adopting by
reference the ;hP� itn +foam Bui ld�ng Code.
April 25, 1983 Optional Pnncndix "E" Automatic Fire
Suppression Systems.
January 1, 1984 Energy Conservation in Buildings adopting the
IH3 Modes Fne ->: Code.
January 14, 1985 Adopted Rules updating the State Ruiiding Code
and governing y -r ACaPPTcr.�GS�Y;lt'illty.
F1 c ri at ctcyato -n nand. Plumbing.
February 16, 1966 Amended the Energy Code Rules and Information
on R -ntrl Houning rne_rgv_Effi5>ny Standards.
February 17, 1987 Amended 1985 St -te 5Uj ding Code adopting by
reference the 1955 Uniform Bu'1dinF_QQ and
revising certain other chapters of the Minnesota
State Building Code.
January 11 1988 Adopted the Stroup E- Di.Yi 3 Rules.
April 15, 1988 Adopted Permanent Rules to Manufactur me
Pa-1, Sto-m She1,.e- De.jgn
July 2,1990 1990 National F1cctric °' Code
July 16, 1990 Ameudo S a— ps yldi ng Codc adopting by
reference the i-0 Uniform Building Code the 1990
t5 + n r'tian�e�i oda '?s 1 2 2 SNSI Code. for
F } and other moving devices with
amendments to each code and revising other chapters of
the Minnesota Building Code as well as amending the
State Plumbing Code.
i
W 1. CLASSIFY THE BUILDING:
f
A. Occupancy Classification
k
i � 1
a B. Type of Construction
� f
j
C. Location on Property
D. Allowable Floor Area
E. Height and Numbe r of Stories
EFFECTIVE USE OF THE
UNIFORM BUILDING CODE
Page xxi
CONTENTS RELATED HAZARDS
• QUANTITY of contents
• TYPE of contents
• ENVIRONMENT of contents {
e
OCCUPANCY CLASSIFICATION CRITERIA
6 '
General I I Current
Occupancy U.S.C. 1 Occupancy I
es
` Dcription Chapter Designation Occupancy Description
Assembly I 6 A -1 Any assembly building or portion of a building with a legitimate stage and occupant load of 1000 or
! more.
A -2 Any building or portion of building having assembly room with occupant load of less than 1000 and a
legitimate stage.
A -2.1 i Any building or portion of building having assembly room with occupant load of 300 or more without
stage, including such buildings used for educational purposes and not classed as Group E or Group ;
B, Division 2 Occupancy. i
I A -3 Any building or portion of building having assembly room with occupant load less than 300 without
stage, including such buildings used for educational purposes and not classed as Group E or Group
B. Division 2 Occupancy.
A-4 Stadiums, reviewing stands and amusement park structures not included within other Group A
Occupancies. Additional requirements for grandstands, bleachers and reviewing stands are in
Chapter 33.
Business, including 7 B -1 Gasoline service stations, storage garages where no repair work is done except exchange of parts
offices, factories, and maintenance requiring no open flame, welding or the use of highly flammable liquids.
mercantile and B -2 Wholesale or retail stores, office buildings, drinking and dining establishments having an occupant
storage load of less than 50, printing plants, municipal police and fire stations, factories and workshops
1 using materials not highly flammable or combustible, storage and sales rooms for combustible
goods, paint stores without bulk handling. Buildings or portions of buildings having rooms used for
educational purposes beyond the 12th grade with less than 50 occupants in any room.
B -3 Aircraft hangars where no repair work is done except change of parts and maintenance requiring no
open flame, welding or use of highly flammable liquids. Open parking garages, helistops.
B-4 Ice plants, power plants, pumping plants, cold storage, creameries. Factories and workshops
using noncombustible and nonexplosive materials. Storage and sales rooms containing only
noncombustible and nonexplosive materials that are not packaged or crated in or supported by
combustible material.
Educational 8 E -1 Any building used for educational purposes through 12th grade by 50 or more persons for more than i
twelve hours per week or four hours in any one day.
E -2 Any building used for educational purposes through 12th grade by less than 50 persons for more
than twelve hours per week or four hours in any one day.
E -3 Any building used for day -care purposes for more than six children.
Hazardous 9 H -1 Occupancies with materials which present a high explosion hazard, including explosives, blasting
agents, fireworks and black powder, unclassified detonable organic peroxides, Class 4 oxidizers,
and Class 4 or Class 3 detonable unstable (reactive) materials.
H -2 Occupancies with materials which present a moderate explosion hazard or a hazard from
accelerated burning, including Class I organic peroxides; Class 3 nondetonatable unstable
(reactive) materials; pyropho6c gases; flammable or oxidizing gases; Class 1, It, or III -A flammable
or combustible liquids in open containers or systems or in closed containers pressurized at more
than 15 pounds per square inch; combustible dusts in suspension or capable of being put into
suspension; and Class 3 oxidizers.
H -3 Occupancies with materials which present a high fire or physical hazard, including Class II, ill or IV
organic peroxides; Class 1 or 2 oxidizers; Class 1, 11 or 111 -A flammable liquids or combustible liquids
in closed containers or systems and pressurized at 15 pounds - per - square -inch gauge or less; Class
111 -6 combustible liquids; pyrophoric liquids or solids; water reactives; flammable solids, including
combustible fibers or dusts, except for dusts included in Division 2; flammable or oxidizing
cryogenic fluids (other than inert): and Class 1 or 2 unstable (reactivejmaterials.
H-4 Repair garages not classified as Group B, Division 1.
H -5 Aircraft repair hangars and heliports not classified as Group 6, Division 3.
H -6 Semiconductor fabrication facilities and comparable research and development areas when the
facilities in which hazardous production materials are used are designed and constructed in -
accordance with Section 911 and when storage, handling and use of hazardous materials is in
accordance wit the Fire Code.
H -7 Occupancies having quantities of materials in excess of those listed in Table No. 9-6 that are health
hazards, including corrosives, highly toxic materials, irritants, sensitizers and other health hazards.
Institutional 10 1 -1 Nurseries for full -time care of children under the age of six (each accommodating more than five
persons). Hospitals, sanitariums, nursing homes with nonambulatory patients and similar buildings
(each accommodating more than five persons).
1 -2 Nursing homes for ambulatory patients, homes for children six years of age or over (each i
accommodating more than five persons).
1 -3 Mental hospitals, mental sanitariums, jails, prisons, reformatories and buildings where personal
liberties of inmates are similarly restrained.
EXCEPTION: Group I Occupancies shall not include buildings used only for private residential
purposes for a family group.
Miscellaneous 11 M -1 Private garages, carports, sheds and agricultural buildings. (EXCEPTIONS: Where applicable, see
ures Appendix Chapter 11 for agricultural buildings. (Also see Section 103.))
M -2 Fences over 6 feet high, tanks and towers.
Residential 12 R -1 Hotels and apartment houses. Convents and monasteries (more than 10 persons).
R -3 Dwellings (one- and two- family) and lodging houses (not more than five guest rooms).
9
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TABLE NO. 5 -13— REQUIRED SEPARATION IN BUILDINGS OF MIXED OCCUPANCY
(In Hours)
rn
A -1 A -2 A -2.1 A -3 A -4 B -1 B -2 B -3 B -4 E H -1 H -2 H -3 H•4.5 H -6 -7 I M R -1 R 3
A -1 N N N .N .4 3 3 3 N 4 4 4 4 3 l 1 I
A -2 N N N N 3 1 I I N 4 4 4 4 3 I 1 I
A -2.1 N N N N 3 1 1 1 N o 4 4 4 4 3 1 I l
A -3 N N N N 3 N 1 N N 4 4 4 3 3 1 1 I
A -4 N N N N 3 I 1 I N 4 4 4 4 3 1 1 l
B -1 4 3 3 3 3 1 1 I 3 2 I 1 1 4 I 3' 1
B -2 3 1 1 N 1 1 1 l 1 1 2 I 1 1
B -3 3 1 2 1 1 1 4 1 1
B -4 3 1 1 N 1 1 1 1 1 " 2 1 1 1 4 N 1 1
O
E N N N N N 3 1 1 1 4 4 4 3 1 I 1
b
H -1 Not Permitted in Mixed Occupancies. See Chapter 9. a
H -2 4 4 4 4 4 2 2 2 2 4 N' 1 1 2 4 l 4 4
H -3 4 4 4 4 4 1 1 1 1 4 1 1 1 4 1 3 3
4 I 3 3
N -4.5 4 4 4 4 4 1 1 1 I 4 n
H -6.7' 4 4 4 3 4 1 1 1 1 3 2 1 1 4 3 4 a
3 3 3 3 3 4 2 4 4 1 4 4 4 4 I 1 I
M 1 I I 1 I 1 1 1 N 1 1 I 1 3 1
R -1 1 1 I 1 1 3' 1 l 1 I 4 3 1 31 4 1 l N
R -3 1 f 1 f f 1 1 1 t I 4 3 3 4 1 1 N
Note; For detailed requirements and exceptions, see Section 503.
IFor special provisions on highly toxic materials, see Fire Code,
2 17or agricultural buildings, sec also Appendix Chapter 11.
3 For reduction in fire - resistive rating, see Scction 503 (d),
VERTICAL
HORIZONTAL
BOTH VERTICAL AND HORIZONTAL
1
ANY SUCH FORM AS TO AFFORD
A COMPLETE SEPARATION
FORMS OF OCCUPANCY SEPARATIONS
• Section 503 (b)
12
TABLE NO. 17 -A —TYPES OF CONSTRUCTION— FIRE - RESISTIVE REQUIREMENTS
(In Hours) -
For details see cha ters under Occupant and Types of Construction and for exceptions see Section 1705.
TYPE 1 TYPE 11 TYPE lu TYPE IV I TYPE Y
NONGOIABUSTiBLE COMBUSTIBLE
flrr Fir-
-
BUILDING ELEMENT resistive resistive 7 iii N 1 He N H.T. 1-Hr. IN
4
Exterior Bearing Walls Sec. 4 4 4 4
1803 (a) 1903 (a) 1 N 2003(a) 2003(a) 2103 (a) i N
Interior Bearing Walls 3 2 1 N i N i I N
4
Exterior Nonbearing Sec. 4 1 4 4 4
Walls 1803 (a) 1903 (a) 1903 (a) N 2003 (a) 2003 (a) 2103 (a) I N
I or
Structural Framer 3 2 1 N 1 N H.T. -1 N
Ior-
Partitioas—Permanent 12 12 12 N 1 N H.T. 1 N
1 I
Shaft Enclosures 2 2 1 1. 1' I i • 1706` 1706
Floors- Ceilings/Floors 2' 2 1 N 1 N H.T. I N
2 1 1
' Roofs-Ceilings/Roofs Sec. 1806 1906 1906 N 1 N H.T. 1 N
Exterior Doors and Sec.
Windows 1803 (b) 1903 (b) 1903 (b) 1903 (b) 2003 (b) 2003 (b) 2103 (b) 2203 2203
N—No geaeral requh=nenu for fire resistuace. H.T. —Heavy T - imbec
t Structural frame elements in the exterior wall stall be protected against eutemal fur, exposure u required for exterior bearing walls "the structural
frame, whicluvu is greater.
2 Fue- retardant trryted wood (see Section 407) may be used in the assembly. provided rue-resisunce requirements are maintiil"-See Sections 1801
and 1901. respectively.
STRUCTURAL FRAME CONSIDERED TO BE:
• COLUMNS
• GIRDERS
• BEAMS HAVING DIRECT CONNECTION
• TRUSSES TO THE COLUMNS
• SPANDRELS
0 0
0
• OTHER MEMBERS ESSENTIAL TO THE .
STABILITY OF THE BUILDING AS A WHOLE
TYPES OF CONSTRUCTION
Table No. 17 -A
19
CHAPTER TYPE OF CONSTRUCTION
R 18 I -F.R.
19 H -F.R., 11 One -hour, II -N
III -N
2Q III One-hour,
21 IV -H.T.
22 V One -hour, V -N
NONCOMBUSTIBLE
HIGH FIRE RESISTANCE OF HIGH TO NO FIRE RESISTANCE
MOST BUILDING COMPONENTS OF BUILDING COMPONENTS
UNLIMITED AREA LARGE AREAS
Type i F.R. Type 11 F.R.
Type 11 One -hour
Type I1 -N
1 COMBUSTIBLE
Ili IV v -
LOW FIRE RESISTANCE HEAVY TIMBER ANY CONSTRUCTION
NON - COMBUSTIBLE NO CONCEALED SPACES LOW OR NO FIRE
EXTERIOR WALLS
NONCOMBUSTIBLE RESISTANCE
EXTERIOR WALLS
MEDIUM AREAS SMALL AREAS
MEDIUM AREAS
Type III One -hour. Type V One -hour
Type 111 -N Type IV H.T. Type V -N
TYPES OF CONSTRUCTION
18
i
0 b- TYPE OF MINIMUM MINIMUM AMOUNT OF
OCCUPANCY FIRE - RESISTIVE OPENING OPENING
SEPARATION CONSTRUCTION PROTECTION PROTECTION
i�
U
' FOUR -HOUR FOUR -HOUR NO OPENINGS NO OPENINGS
Y „
�} FIRE- RESISTIVE PERMITTED PERMri TED
I�
i
MAXIMUM
THREE -HOUR THREE -HOUR THREE- 1 25% OF WALL LENGTH
-
S FIRE - RESISTIVE AND MAXIMUM
120 SO. FT / OPENING 1
l
I
TWO -HOUR
FIRE- RESISTIVE TWO -HOUR ONE AND ONE - HALF -HOUR UNLIMITED
1
1
ONE -HOUR ONE -HOUR ONE -HOUR UNLIMITED
_,. FIRE- RESISTIVE
1 Applies only to openings in walls. All openings in floors shall be protected by vertical
enclosures extending above and below such openings. The walls of such vertical
enclosures shall be of not less than two -hour fire - resistive construction and all
openings therein shall be protected by a fire assembly having a one and one -half -hour
fire- protection rating.
TYPES OF OCCUPANCY SEPARATIONS
Sec. 503(c)
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CAR WASH
F _ _ PARKING GARAGE
o �ry
.CARBON MONOXIDE - 90 PPM
EMIC c o iD =
t Q84G O O = '�
0
CL
1
GROUND LEVEL SIGN z PHOTO; REPAIR AREA
J
3
8 -2
SILK h 0� M
O� I
O Q � H -4
SCREE a pq T OIL
PHOTO 2 ®
OOD SHO Ha BOOTH 1 TORA
OPEN OPEN
OPEN N
PP UPPER REPAIR '
UNCN ROO
I
MECHANICAL B TH PHOTO 5 URNA PHOTO 4 i ROO
0 ox,D -,4 ss
MEZZANINE LEVEL
BROOKLYN CENTER CITY GARAGE
` SCALE: NTS AIPROVED 6Y: DRAWN By
I DAM / 2 9 (� 1 1 111111D
®- SAMPLE LOCATION G
LEGEND TECHNICAL SERVICES, INC.
❑ OCCUPANCY RATING
4,
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APPENDIX B
PLAN
PHOTOGRAPHS
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BROOKLYN CENTER
PARKING GARAGE
A s
Photo 3 - Mezzanine level HVAC unit
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YA F
Photo 4 - Mezzanine level furnace
BROOKLYN CENTER
PARKING GARAGE
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Photo Y 5 - under stairwell storage
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between silk screen and paint booth
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Photo b - Under stairwell storage
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BROOKLYN CENTER
PARKING GARAGE
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Photo 9 - Chemical Storage area
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Photo 10 - Chemical storage area (another view)
BROOKLYN CENTER
PARKING GARAGE
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Photo 11 - Chemical storage area showing y'
blocked exhaust vent
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Photo 12 - Flammable storage cabinets in �!
Chemical storage = s
g
area
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POUNDS
r TABLEs2 PARTICULATFA►��p�T�VIAIR SAMPLINF #`
LEGEND TECHNICAL SERVICES, INC.
TABLE #1
VOLATILE ORGANIC COMPOUNDS
LEGEND NO. 92- 2041.2
SAMPLE 5 - Oil Storage 9:48 a.m. to 2:16 p.m.
SAMPLE 6 - Paint Storage 8:55 a.m, to 2:16 p.m.
CONC (PPM)
CONTAINMENT #5 #6 OSHA PEL
Toluene 0.15 1.0 100
r 0.05 0.1 100
<0.01 < 0.01 5
Mineral Spirits 0.45 0.09 100
Gasoline 1.2 1.5 350
I OSHA PEL - Occupational Safety Health Administration permissible exposure limit is defined as the maximum
time weighted average of a contaminant to which an employee can be exposed for eight h
p g ours a day, 40 hours
a week without adverse effect
LEGEND TECHNICAL SERVICES, INC.
TABLE #2
PARTICULATE AND METAL FUME AIR SAMPLING
LEGEND NO. 92- 2041.2
SAMPLE 1 - Welding Area - 8:19 a.m. to 2 :25 p.m.
SAMPLE 2 - Lunch Room - 8:41 a.m. to 2:30 p.m.
SAMPLE 3 - Office Area - 8:44 a.m. to 2:25 p.m.
SAMPLE 4 - Sign Shop - 8:53 a.m. to 2:16 p.m.
CONTAINMENT #1 #2 #3 #4 OSHA PEL
Total Particulate 1.8 0.11 0.14 0.16 15
Iron Oxide 0.43 0.004 0.019 0.006 10
Chromium 0.025 0.0008 0.003 0.001 5
Manganese 0.004 0.0001 < 0.0004 0.0004 5
Nickel
< 0.0003 < 0.0003 < 0.0003 0.0007 1
Lead < 0.0002 < 0.0002 < 0.0002 < 0.0002 0.05
I OSHA PEL - Occupational Safety Health Administration permissible exposure limit is defined as the maximum
time weighted average of a contaminant to which an employee can be exposed for eight hours a day, 40 hours
a week without adverse effect
r
LEGEND TECHNICAL SERVICES, INC.
TABLE #3
DUST ANALYSIS
LEGEND NO. 92- 2041.2
Dust sample collected from blade grinding area in the wood shop.
CONTAMINANT CONC (mg/kg)
Lead 4
Chromium 12
OCT -22 -1992 1324 FROM Legend Technical Services TO 5693494 P.04
- Le �er)d
Topical Services
739 VANDALIA ST.
ST. PAUL. MN 55114
(612) 642 -1150
FAX (512) 642 -1239
October 22, 1992
Mr. Sy Knapp
Director of public Works
City of Brooklyn Center
6301 Shingle Creek parkway
Brooklyn Center, MN 55430
Subject: phase H - Indoor Air Quality
City Hall - Corrective Action Plan
City of .Brooklyn Center
Brooklyn Center, Minnesota
.LEGEND No. 92 -2656
Dear Mr. Knapp:
LEGEND TECHNICAL SERVICES, INC. (LEGEND) is pleased to submit the cooperative Phase II
corrective solution plan for the indoor air quality in the Brooklyn Center City Hall. The corrective plan
will be developed in conjunction with Oftedal, Locke, Broadston, and Associate Engineers (OLB). Their
proposal is attached for your reference to identify their responsibility and they are not to exceed cost
estimates for the work.
The phase IZ corrective action plait consists of the corrections of the finding found in the October 7, 1992
LEGEND Phase I indoor air evaluation report.
The City of Brooklyn Center's Director of Public works, Building Official, Fire Chief, and City halt
staff may be involved to assist in a few of the corrective development solution.
A. SCOPE Old' ,VICES
The work shall be performed by LEGEND p rofessionals as required
Ian to ' p equzred to perform fire corrective
action
p improve indoor air quality i the City Hall facility.
s
LEGEND shall provide a corrective plan of action and perform the following tasks ' found in
the Phase I City Hall/Community Center report. A few items were not addressed at the Owner's
request.
Tasks I - IV are the feasibility study to determine the schematic design solution with a cost
estimate for repairs. Task V is preparation of brief construction document for corrective actions.
"Indoor Environmental Quality consuttants-
O:=T -22 -199- 13:2 FROM Legend Technical Services TO H. Li`
ru . ay h napp
October 22, 1992
Page 2
- Initial Meeting /Observation/Information
- Acquire the existing modifications or changes in the building architectural and mechanical
engineering plans
- Observe air handling - mixing chamber room
- identify and collect microbial samples in the mechanical duct in air handling unit
(AHU) 4 (LWEND does not include cutting access openings)
- Direct locating of return- air grates, identification, and verify air current movements
(Owner to do actual installation).
Investigate and evaluate schematic design options /plans for air handling - mixing chamber
room
- Investigate and evaluate schematic design options /plans for boiler room/police Department
separation
- Meeting with City
QRtion
- Review architectural /engineering plans and complete field verification for return air
ceiling grates locations and air current movements
- Field verify return air ceiling grates are properly located
After completion of proper installation of return air grates LEGEND will set up strip chart
recorder for continuous monitoring of carbon monoxide (CO) and carbon dioxide (CO for
one week in lower level Police Department and one week on upper level interior zone. This
information is used to establish control setting for variable air volume (VAV) for air
quality /distribution and energy conservation,
- Identify if microbiological contamination are found in AHU 4 ducts.
A I W ESE
Develop schematic design documents and estimated costs for:
Air handling /mixing char
- Boiler room/police separation
Control strategic solution with setting (after ceiling egg crates are correctly installed and
continuous monitoring is completed)
OCT - 22 - 199 13.2_ Fk'UM Legend lecrinic; 1 - I U JVJVYJY
Mr. Sy Knapp
October 22, 1992
Page 3
TASK Y 13R1Fz CONSTR Ic"mrcn t int
Prepare design and construction documents for.,
- Air handling /mixing chamber - brief construction documents
- BOHer rOO M/police separation - brief construction documents
This cost does not include Observation time or formal bid procedure documents.
iaa L
Perform a follow-up tracer gas analysis to assure minimum code required air exchange
requirements for corrective air distribution have been met
B. ��_$F
1. Provide any architectural /mechanical drawings including the floor plans, reflected ceiling
plan, heating, ventilating, and air conditioning (HVAC) - systems and control strategy
diagrams.
2. provide and cut accesses and patches in AHU 4 ducts, if needed, to collect
microbiological samples.
3. Provide access to all mechanical equipment, including ladders to gain access above
ceilings, as necessary to perform the mechanical corrections required.
4. Make available persons most knowledgeable of the building and mechanical systems to
be present for the initial start of the corrective measures and to operate mechanical
equipment. Provide keys or escort to gain access to secured budding locations necessary
for the survey to be performed.
' nI
If the Owner elects to locate the return air egg crates in the celling plenum areas, this
work shall be completed and air distri verified prior to LEGEND, OLB, and
Owner's first meeting.
C. Am TDULE
LEGEND proposes to perform Tasks I - IV of work in conjunction with OLB as follows:
T Task2
Time rain Fee Schedule
I Initial Meeting /Observationttnformation 1 - 2 Weeks
Gathering
II Investigation and Evaluation 1 - 2 Weeks $4,000.00
III Testing and Field Verification 2 - 3 Weeks
IV Schematic Design Solutions/Cost Estimates 1 - 2 Weeks
V Brief Construction Documents I - z- 2 Weelcc _ 1.400.00
5.- 9 Weeks* $5,400.00
Ul HUM Legend technical Services TO 5693494 P.07
Mr. Sy Knapp
October 22, 1992
Page 4
* Client meeting, review, and apProvals may be longer.
Tasks I - IV - LEGEND estimates fee not to exceed $5,400.00.
Note: If both the City Garage and City Hall are completed at the same time, deduct a total of
$500.00 between both projects.
TASKS I - IV
- S�tion I
Return air grates locations and verifications $1,000.00
Qption II
Indoor air quality, distribution, and energy savings verification -
to be completed af mp fte all modifications have been
completed MOO
SU13 -TOTAL LEGEND $7,150.00
Phase I - OLB 1,800.00
Phase R - OLB
TO'T'AL $11 ,150.00
All work tasks will be coordinated between LEGEND and OLB.
The estimated project task duration as outlined above are based on acceptance of this proposal,
Option I completion, and City approvals.
LEGEND contracts on a time and material basis, however, LEGEND proposes that the scope of
services as outlined above shall not exceed a total cost of $7,150.00. This cost includes Option
I for $1,000.00, and Option II for $750.00, but does not include OLB fan,
P
nfg&nW Fees
Indoor Air Quality Consultants $95.00/hour
Licensed Architect/Professional $80.001hour
Licensed Building Official $80.00/hour
Certified Industrial Hygienist $80.00/hour
Sr. Project Manager $80.00/hour
Industrial Hygienist $65.001hour
Industrial Hygiene Technician $48.00/hour
Draftsperson $38.00/hour
Word I'rncessof $38.00/hour
Mr. Sy Knapp
October 20, 1992
Page 5
If you have any questions or need additional information, please feel free to contact either of the
undersigned at 612/642 -1150. We look forward to assisting you and the City of Brooklyn Center to help
solve your indoor air quality problems.
Sincerely,
LEGEND TECHNICAL SERVICES, INC.
Charles A. Lane, AIA, P.E. Michael Berreau, CBO
Technical Director Sr. Project Manager
Technical Director
CAL /MB /ps
Accepted By:
Signature Printed Name
Title Date
Contract/Purchase Order Number
Attachment
OLB Proposal
li t
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OCT -20 -1992 89:4 FROM OLB ENGINEERING TO 96421239 P.01
~, OFTEDAL, LOCKE, SROADSTON & ASSOCIATES, INC.
C O N S U L T I N G E N G I N E E R S
670 SEXTON BUILDING 529 SOUTH 7TH STREET • MINNEAPOLIS, MINNESOTA 55415 X0 . 1
r fKrna PHONE 333.4341 AREA CODE 612
Prasldent October 20, 1992 Vice President
Norman K. Knatia Bruce E. Follestad.
Mr. Sy Knapp, Director of Public Works
City of Brooklyn Centex RE: INDOOR AIR QUALITY STUDY
6301 Shingle Creek Parkway BROOKLYN CENTER
Brooklyn Center, MN. 55430 ADMINISTRATION BUILDING
Dear Mr. Knapp,
We are pleased to submit our letter proposal to you for
mechanical and electrical engineering services for the proposed
Indoor Air Quality corrective work at the Administration Building.
For the first phase of the project we will investigate and evaluate
the following two problems at the Administration Building.
I. Air Handling Units No. 4 & No. 5 mixing chamber.
2. Boiler Room /Police separation.
The first phase will include a report with recommended
corrective work and cost estimates.
For the second phase of the project, we will design and provide
brief construction documents for the corrective work. Our proposal
does not include any architectural design time or engineering
construction observation tune, and also assumes that a formal
public bid procedure will not be necessary.
We will perform the above tasks at a rate of $ 55.00 per hour
for registered engineers, with a. maximum fee not to exceed $1800.00
for Phase 1, and $ 2200.00 for Phase 2.
Yours truly,
OFTEDAL, LOCKE, BROADSTON & ASSOC., INC,
Bruce E. Fol.lestad
BEF /h j
Post-it brand fax transmittal memo 7671 #.of pages ►
Ta
Go. �•
PetYt. Phone
AX R �R ! FdX P
TOTRL P.01
± Lgei9d
Tecbpic Services
739 VANDALIA ST.
ST. PAUL, MN 55114
(612) 642 -1150
FAX (612) 642 -1239
October 19, 1992
Mr. Sy Knapp
Director of Public Works
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Subject: Phase H - Indoor Air Quality
Schematic Design Study - Long Term and Intermediate Corrective Plans
Brooklyn Center City Garage
LEGEND No. 92 -2585
Dear Mr. Knapp:
LEGEND TECHNICAL SERVICES, INC. (LEGEND) is pleased to submit the cooperative Phase II
schematic design development plan for the indoor air quality corrections in the Brooklyn Center City
Garage in cooperation with Mjorud Architecture and Oftedal, Locke, Broadston, and Associates Engineers
(OLB). Their proposals are attached for your reference to identify each parties responsibility and their
not to exceed cost estimates.
A. SCOPE OF SERVICES
The work shall be performed by LEGEND, Mjorud Architecture and Oftedal, Locke, Broadston,
and Associates Engineers (OLB).
The Phase II schematic design study consists of a series of work tasks and items with LEGEND
coordinating each referenced item.
The City of Brooklyn Center's Director of Public Works, Building Official, Fire Chief, and City
Garage staff will be involved to assist in several areas of the testing analysis, field and code
verifications, and schematic development of long term and intermediate corrective plans throughout
the Phase II planning process.
1
"Indoor Environmental Quality Consultants"
City of Brooklyn Center
October 19, 1992
TESTING /ANALYTICAL /CODE INVESTIGATIONS
ITEM TASK I COORDINATOR
1 - Preliminary meeting with city LEGEND / Mjorud
2 - .Verification of building as built plans LEGEND / Mjorud
3 - Determine building mechanical HVAC and exhaust
system performance (tracer gas analysis) LEGEND
4 - Collect assorted samples and verify air movement
patterns LEGEND
5 - Conduct further CO level testing for 14 continuing days LEGEND
6 - Conduct point source monitoring at welding, painting, etc.
to determine emission rates LEGEND
7 - Conduct HVAC supply /return contamination verification LEGEND
8 - Perform a minimum life safety /air quality code review Mjorud/LEGEND
9 - Determine and establish corrective ADA compliance Mjorud
10 - Consolidate findings /options and prepare outline for Mjorud /OLB Eng./LEGEND
City review with Mjorud Architects, OLB Engineers,
and LEGEND
11 - Meeting with City staff to discuss /review findings - Mjorud/OLB Eng./LEGEND
and options
LONG TERM - PERMANENT CORRECTIVE PLAN
ITEM TASK H COORDINATOR
12 - Develop architectural schematic designs Mjorud
(including ADA improvements)
13 - Develop mechanical /electrical (M &E) Engineering
schematic designs OLB Engineers
14 - Review schematic designs with Owner Mjorud /OLB Eng./LEGEND
15 - Review of solution, costs, and report outline Mjorud /OLB Eng./LEGEND
with architects, engineer, and LEGEND
INTERMEDIATE CORRECTIVE OPERATION PLAN
ITEM TASK III COORDINATOR
16 - Develop architectural schematic designs Mjorud
17 - Develop M &E engineer OLB Eng.
schematic designs
18 - Review schematic designs with Owner Mjorud /OLB Eng. /LEGEND
19 - Review of solution, costs, and report outline Mjorud /OLB Eng. /LEGEND
with engineer and LEGEND
2
OCT -22 -1992 13'23 FROM Legend Technical Services TO 5693494 P.02
City of Brooklyn Center
October 19, 1992
NCIL RE
EMM TASK IV coo
20 - Meeting with City staff to discuss /review 1Vljorud /OLB Eng./LEGEND
findings, time frames, schedules, and estimated
budget costs for long term and intermediate plans
21 - Prepare final report and presentation report Mjorud /OLB Eng.ILEGEND
with budget costs for long term and intermediate plans
22 - Presentation of findings to City Council LEGEND
B. R1,5P[�N�+IBII.TI'I1�S
1. Provide architectural /mechanical drawings and specifications including the heating,
ventilating and air conditioning (HVAC) systems and control strategy diagrams.
2. Provide access to all mechanical equipment and ductwork, including ladders to gain access
above ceilings, as necessary to perform the HVAC ventilation evaluation.
3. Make available persons most knowledgeable of the building mechanical systems to be present
for the initial start of the evaluation of the performance of the mechanical equipment
operations. Provide keys or escort to gain access to any secured building locations for the
tests to be performed, _
C- EEE_AhW TiN-E SC�E,D=
LEGBND r
p oposes to perform the following "Task I - IV of work in conjunction with Mjorud
Architects and OLB Engineers as follows:
LEGEND
TASK CRIPTION TIME FRAME FEE F
I Indepth analytical testing /code 5 - b Weeks $9,100.00
analysis /site review
II Long term corrective plan with costs 500.00
City review and approval
Intermediate correction plan with costs 3 - 4 Weeks
City review and approval
IV Final results /report/City Council review 2 - 3 W g 2
City review and approval
TOTAL ESTIMATED PROJECT TIME: 10 - 13 Weeks
SUB - TOT LEGEND $12,100.00
MJORUD ARCHITECTS $4,900.00
OLB ENGINEERS $2,800.00
TOTAL (All Consultants) All Tasks I - IV $19
3
City of Brooklyn Center
October 19, 1992
Each work task will be coordinated between LEGEND, Mjorud Architecture, and OLB
Engineers.
The estimated project task durations as outlined above are based on acceptance of this proposal
and first meeting date. Each task allows approximately one week for City review, discussion,
and approval (see attached bar graph).
LEGEND contracts on a time and material basis, however, LEGEND'S portion of the total
projectas outlined above shall not exceed $12,100.00. This cost does not include the architect
and engineer fees.
PROFESSIONAL FEES
- Indoor Air Quality Consultants $95.00
- Licensed Architect/Professional Engineer $80.00
- Licensed Building Official $80.00
- Certified Industrial Hygienist $80.00
- Senior Project Manager $80.00
- Industrial Hygienist $65.00
- Industrial Hygiene Technician $48.00
- Draftsperson $38.00
- Word Processor $38.00
ANALYTICAL EXPENSES
- Tracer Gas (3 sites) $500.00 /site
Visual Air Flow Patterns $10.00 /tube
- Carbon Monoxide (Continuous) $525.00 /week
- Dust Identification (PIXE) Microscopic $250.00 each
- Weld Fume (Fe, Mn) $40.00 /each
- Total Particulate $18.00 /each
- Solvent Samples $65.00 /each
- Nitrogen Dioxide $10.00 /each
- Microbiological Samples $65.00 /each
- Boroscope $100.00 /day
EXPENSES
- Mileage $ 0.38 /mile
- All Others Billed at cost x 1.25%
LEGEND's costs include the professional fees, analytical and testing equipment costs to
determine the extent of required corrective actions to provide the information to the architect and
engineer for preparation of schematic design solutions and budget amounts to adequately correct
any deficiencies.
Any additional costs above this amount will not be incurred without prior approval from the
client.
4
City of Brooklyn Center
October 19, 1992
E. ACCEPTANCE
Please indicate your acceptance of this fee proposal and attached general conditions by signing
below and returning an executed copy to the undersigned LEGEND TECHNICAL SERVICES,
INC. personnel.
If possible, we would appreciate it if the architectural and mechanical drawings and specifictaions
would be forwarded to us for review prior to the site visit.
If you should have any questions or need additional information, please feel free to contact the either of
the undersigned at 612/642 -1150. We look forward to assisting you and the City of Brooklyn Center to
help resolve your IAQ problems.
Sincerely,
LEGEND TECHNICAL S VICES, INC.
Charles A. Lane, AIA, P.E. ichael Berreau, CBO
Technical Director Sr. Project Manager
Technical Director
CAL /MB /ps
Attachments: Mjorud Architecture Proposal
Oftedal, Locke, Broadston & Associates, Inc. Proposal
Accepted By:
Signature Printed Name
Title (Print) Date
Contract/Purchase Order Number:
5
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BAR GRAPH
SCHEDULING OF SCHEMATIC DESIGN CORRECTIONS
BROOKLYN CENTER CITY GARAGE
LEGEND NO. 92 -2585
KA TEM Numbers relate to the proposal
Miffent meeting, review, and approval may be longer
TASK I
TESTING /ANALYTICAL/CODE REVIEW
1992 1992 1993
TASKSAMEM NOVEMBER DECEMBER JANUARY
TASK I 11/9 11 /il 11123 11/30 12/7 12/14 12/21 1=9 1/4 1 /11 1/18
1'
2 -9
10
11' -
TASK II
LONG TERM CORRECTIVE PLAN
TASK R 10/26 11/2 11/9 11111 11/23 11/30 12/7 12/14 12/21 12/28 1/4 1/1 1/18
1
12 - 14
15'
TASK III
INTERMEDIATE CORRECTIVE PLAN
TASK III 10/26 11/2 11/9 11 /11 11/23 11/30 12/7 12/14 12/21 12/28 1/4 1/11 1/18
16-18
19'
TASK IV
FINAL RESULTS AND REPORT
TASK IV 10/26 11/2 11/9 11 /11 11/23 11/30 12/7 12/14 12/21 12/28 1/4 1/11 1/18
W .
21
22
CRITICAL PATH SCHEDULE FOR CORRECTIONS
TESTING LONG TERM INTERMEDIAT ACTION
TASK I TASK II TASK III TASK IV
REVIEW PLAN PLAN PLAN
CODES
MJORUD ARCHITECTURE
1240012th Avenue North, Minneapolis, MN 55441 - 4612 612 - 544-3871
October 6, 1992
Mr. Sy Knapp, Director of Public Works
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Fee Proposal for the Brooklyn Center City Garage in conjunction with
Legend Technical Services, Inc "Indoor Air Quality Evaluation"
Dear Mr. Knapp,
Here is our fee proposal for the seven steps identified by Chuck Lane of Legend
Technical Services, Inc via telephone this day. The seven steps identified are as
follows:
1. R -
e Y area separation aration walls.
P
2. Discuss findings with City Staff.
3. Tracer gas test.
4. Preliminary architectural design.
5. Preliminary ventilation design.
6. Meeting with City.
7. Final Report.
Mjorud Architecture will actively participate in all of the above items except the tracer
gas test and the design of the ventilation system. In addition to these items
identified by Legend, Mjorud Architecture will also provide the following requested
services:
1. ADA Interface:
Coordinate work with Julee Quarve - Peterson, Inc., the firm providing the
Americans with Disabilities Act (ADA) Study for the City of Brooklyn Center.
Julee Quarve - Peterson said she would send a draft copy of the Municipal
Garage Report to Mjorud Architecture by Friday, October 9, 1992. She
Fee Proposal Letter to Sy Knapp
Dated: October 6, 1992
Page No. 2
also gave us the name of her associate so we may communicate with the firm during
Julee's two week absence beginning on October 12,1992.
2. Cost Estimating Work Included:
a. First, a cost estimate of the first phase corrective work or immediate
corrections' needed to continue operation- ---all based on air quality;
and secondly :a. cost estimate of the second phase corrective work or
what may be described as permanent facility corrections.
b. Each of the cost estimates will respond to the testing, studies and
reports prepared by Legend Technical Services, Inc.
c. The estimates to be prepared will consolidate the work of the
Mechanical and Electrical Engineers (OLB) and any Structural Work
that may be identified as a result of these corrections.
d. Fee estimates will also be included for all disciplines as part of the
construction work estimates.
e. If the City of Brooklyn Center would like to incorporate the Phase 2
Remodeling Work identified to you by our letter dated June 18, 1992
and Memorandum No. 1 Cost Estimate dated June 10. 1992, this can
also be included at this time.
3. The Architect will attend meetings of various entities to satisfy the goals of
providing an ADA accessible facility as well as a reasonably safe facility
from the standpoint of air quality:
a. Meetings with Owner (City Officials) to submit drafts of drawings,
estimates and reports; obtain approvals; and seek direction.
b. Meetings with Julee Quarve - Peterson, Inc. to establish the corrective
work required by ADA.
c. Meetings with Legend Technical Services, Inc to determine the
locations of the area separation walls, the need for additional fire
dampers, the classification of the occupancies in accord with the
Uniform Building Code (UBC), the quantities of chemicals allowable in
accord with the UBC, the location of required exits per UBC, and the
impact on the facility due to the "Indoor Air Quality Evaluation"
prepared by Legend Technical Services, Inc.
Fee Proposal Letter to Sy Knapp
Dated: October 6, 1992
Page No. 3
d. Meetings with Building Official, Fire Chief and' City Garage Staff for
interpretation of Codes and Ordinances; and coordinate changes with
ongoing building operations.
e. Meetings with Mechanical Engineer to coordinate work.
f. Other meetings as may be required as a result of this Project.
In our discussion with Legend Technical Services, Inc, the following item was
identified as not to be included in this fee proposal:
1. Presentation to City Council. Chuck Lane said he would make a formal
presentation of the final report to the City Council.
It is anticipated that the only contact with Legend Technical Services, Inc required
after the completion of this report, will be for clarification or changes due to
alternative measures or designs.
The fee for basic services is proposed on the basis of a not to exceed maximum of
$4,900 per AIA Standard Form of Agreement between Owner and Architect, B141.
Again, thanks for the opportunity to participate in Brooklyn Center projects.
Sincerely,
4 M RUD ARCHITECTURE
AI jorud, Al
AM:vlp
Copies: OLB
Legend
MJORUD ARCHITECTURE
12400 12th Avenue North, Minneapolis, MN 55441 - 4612 612- 544 -3871
October 6, 1992
Mr. Sy Knapp, Director of Public Works
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: Fee Proposal for the Brooklyn Center City Garage in conjunction with
Legend Technical Services, Inc "Indoor Air Quality Evaluation"
Dear Mr. Knapp,
Here is our fee proposal for the seven steps identified by Chuck Lane of Legend
Technical Services, Inc via telephone this day. The seven steps identified are as
follows:
1. Re -study area separation walls.
2. Discuss findings with City Staff.
3. Tracer gas test.
4. Preliminary architectural design.
5. Preliminary ventilation design.
6. Meeting with City.
7. Final Report.
Mjorud Architecture will actively participate in all of the above items except the tracer
gas test and the design of the ventilation system. In addition to these items
identified by Legend, Mjorud Architecture will also provide the following requested
services:
1. ADA Interface:
Coordinate work with Julee Quarve - Peterson, Inc., the firm providing the
Americans with Disabilities Act (ADA) Study for the City of Brooklyn Center.
Julee Quarve - Peterson said she would send a draft copy of the Municipal
Garage Report to Mjorud Architecture by Friday, October 9, 1992. She
Fee Proposal Letter to Sy Knapp
Dated: October 6, 1992
Page No. 2
also gave us the name of her associate so we may communicate with the firm during
Julee's two week absence beginning on October 12, 1992.
2. Cost Estimating Work Included:
a. First, a cost estimate of the first phase corrective work or immediate
corrections needed to continue operation - -- -all based on air quality;
and secondly a cost estimate of the second phase corrective work or
what may be described as permanent facility corrections.
b. Each of the cost estimates will respond to the testing, studies and
reports prepared by Legend Technical Services, Inc.
c. The estimates to be prepared will consolidate the work of the
Mechanical and Electrical Engineers (OLB) and any Structural Work
that may be identified as a result of these corrections.
d. Fee estimates will also be included for all disciplines as part of the
construction work estimates.
e. If the City of Brooklyn Center would like to incorporate the Phase 2
Remodeling Work identified to you by our letter dated June 18, 1992
and Memorandum No. 1 Cost Estimate dated June 10. 1992, this can
also be included at this time.
3. The Architect will attend meetings of various entities to satisfy the goals of
providing an ADA accessible facility as well as a reasonably safe facility
from the standpoint of air quality:
a. Meetings with Owner (City Officials) to submit drafts of drawings,
estimates and reports; obtain approvals; and seek direction.
b. Meetings with Julee Quarve - Peterson, Inc. to establish the corrective
work required by ADA.
c. Meetings with Legend Technical Services, Inc to determine the
locations of the area separation walls, the need for additional fire
dampers, the classification of the occupancies in accord with the
Uniform Building Code (UBC), the quantities of chemicals allowable in
accord with the UBC, the location of required exits per UBC, and the
impact on the facility due to the "Indoor Air Quality Evaluation"
prepared by Legend Technical Services, Inc.
OFTEDAL, LOCKS, BROADSTON & ASSOCIATES, INC. �, *� ENS
C O N S U L T I N G E N G I N E E R S p
✓
VI M 670 SEXTON BUILDING • 529 SOUTH 7TH STREET • MINNEAPOLIS, MINNESOTA 55415 � 0 � h
�� UN�
MINNESOTA
PHONE 333 -4341 AREA CODE 612
President Vice President
Norman K. Knafla October 7, 1992 Bruce E. Follestad
Mr. Sy Knapp, Director of Public Works
City of Brooklyn Center RE: INDOOR AIR QUALITY STUDY
6301 Shingle Creek Parkway BROOKLYN CENTER MUNICIPAL
Brooklyn Center, MN. 55430 GARAGE
Dear Mr. Knapp,
We are pleased to submit our letter proposal to you for
mechanical and electrical engineering services for the proposed
Indoor Air Quality Study at the Municipal Garage. Our proposal
is based on our estimated involvement in the seven major project
steps identified by Chuck Lane with Legend.
We will investigate and evaluate mechanical /electrical
problems with the existing garage. Recommended corrective
work and cost estimates will be included for these and other
problems identified by Al Mjorud or Legend. We will collaborate
with Al Mjorud and Legend to include our findings in the final
report.
We will perform the above tasks at a rate of $ 55.00 per
hour for registered engineers with a maximum fee not to exceed
$ 2,800.00.
Yours truly,
OFTEDAL, LOCKE, BROADSTON & ASSOC., INC.
Bruce E. Follestad
cc: Mr. Al Mjorud
Chuck Lane, Legend
Fee Proposal Letter to Sy Knapp
Dated: October 6, 1992
Page No. 3
d. Meetings with Building Official, Fire Chief and City Garage Staff for
interpretation of Codes and Ordinances; and coordinate changes with
ongoing building operations.
e. Meetings with Mechanical Engineer to coordinate work.
f. Other meetings as may be required as a result of this Project.
In our discussion with Legend Technical Services, Inc, the following item was
identified as not to be included in this fee proposal:
1. Presentation to City Council. Chuck Lane said he would make a formal
presentation of the final report to the City Council.
It is anticipated that the only contact with Legend Technical Services, Inc required
after the completion of this report, will be for clarification or changes due to
alternative measures or designs.
The fee for basic services is ro osed on the basis of a not to exceed maximum of
P p
$4,900 per AIA Standard Form of Agreement between Owner and Architect, B141.
Again, thanks for the opportunity to participate in Brooklyn Center projects.
Sincerely,
MJORUD ARCHITECTURE
Al M'
jorud, AIA
AM:vlp
Copies: OLB
Legend
CITY OF BROOKLYN CENTER Council Meeting Date 10/26/92
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
STAFF REPORT REGARDING POLICY AND PROCEDURES FOR WATER METER READINGS
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL:
J_
Sy Knapp, 15irector of Public Works
MANAGER'S REVIEW/RECOAEVIENDATION:
No comments to supplement this report Comments below /attac d
SAY EXPLANATION: (supplemental sheets attached Yes
During the Financial and Service Prioritization Process, both the Public Utility
maintenance staff and the Public Utility billing staff suggested discontinuing
annual residential water meter reading. Eliminating this activity would have a
minimal affect on service, and would allow staff to complete other pressing
tasks.
The attached memorandum provides background information. In summary, public
utility maintenance staff in 1991 spent about 2,000 regular hours and 200
overtime hours reading meters. Utility billing staff also spent a considerable
amount of time scheduling meter reading. Eliminating the annual residential
meter reading would reduce the time spent to about 500 regular hours per year.
RECOMMENDED CITY COUNCIL ACTION
Approve a policy change which would eliminate the annual residential meter
reading. Direct staff to devise a method of periodically testing the accuracy of
the readings submitted on reading cards. Direct staff to include in the 1992
utility rate study sliding scale penalties for non - submission of reading cards.
Direct staff to include an evaluation of the new policy in the 1993 utility rate
• study.
CITY 6301 SHINGLE CREEK PARKWAY
OF
BROOKLYN BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE: 569-
3300
CENTER FAX: 569 -3494
EMERGENCY - POLICE - FIRE
October 22, 1992 911
TO: Sy Knapp
FROM: Diane Spector
SUBJ: Proposal to Eliminate Annual Residential Meter Reading
During the Financial and Service Prioritization Process, both the Public Utility maintenance staff and the
Public Utility billing staff suggested discontinuing annual residential water meter reading. This memo
provides background information, and recommends that this suggestion be reviewed by the City Council
for its approval.
BACKGROUND
Public Utility staff have read all residential water meters in the city at least once a year since the 1960's.
Reading usually occurs in the winter quarter, from mid - December to mid - March. During the remaining
three quarters, residential customers complete and return self - reading cards.
Yearly on -site readings have been justified in the past by stating the need to:
■ verify the accuracy of customer readings;
■ inspect homes for illegal cross connections;
■ find stopped or malfunctioning meters.
In practice, these objectives are being met in other ways, and meter reading is no longer the tool it once
was.
■ Utility billing staff find that there are few "reading cheaters "; virtually all customers honestly and
accurately read their meters and send in their reading cards during the other three quarters of the
year.
1986 ALLAMFAICA CRY
■ Most stopped or malfunctioning meters are reported by the customer, or are found by utility
billing staff who find that a reported reading is too low (or high).
■ Finally, cross connections, by- passes, and other illegal connections are rare these days. And with
the high percentage of finished basements, it is impossible for utility staff to inspect for them,
especially given the tight reading schedule they must maintain.
In 1991, utility maintenance staff spent a total of nearly 2,000 regular hours and 210 overtime hours
reading meters. About 500 regular hours were spent reading commercial meters, with the remainder
spent reading residential meters. Residential meter reading represents an investment of over $25,000
in maintenance staff costs, in hourly wages alone. Utility billing staff also spend considerable hours
during meter reading season scheduling appointments. It is extremely unlikely that any "reading
cheaters, " or other costs to the utility that meter reading might discover would ever amount to that sum.
Demographic changes have increased the cost of meter reading, both to the utility and to the customer.
As the number of families where both spouses work increases, fewer customers are home when a utility
staff person stops by to read the meter. Utility staff estimate that only about 40 percent of the meters are
read on the first time through the neighborhood. The remaining 60 percent of customers must then call
the Water Department for an appointment, increasing the workload of the utility billing staff. Customers
must then arrange for someone to take time off from work to be home when the meter is read.
Fewer and fewer municipal water utilities continue to read water meters. Of 21 Metro area utilities
contacted, only two - Oakdale and Columbia Heights - continue to read water meters at least once a year.
Six rely on customer self- reading cards, and thirteen have installed remote reading water meters.
Woodbury reads meters for about five percent of its residential customers.
OTHER NECESSARY ACTIVITIES
Because reading meters no longer is as vital an activity as it once was, Public Utility staff believe that
their time would be more effectively spent performing critical preventative maintenance and other
activities.
Utility staff have a regular program of well, lift station, and distribution system maintenance that
continues through the winter. The Public Utility Supervisor estimates that his crews perform three times
the maintenance done ten years ago. This increase is due to an expanded system (several new wells and
lift stations have been constructed since then) and to a more aggressive preventative maintenance program
that has dramatically reduced the number of sewer backups and water quality complaints.
Winter is also water main break season. When a break occurs, some activities simply stop, because there
are not enough staff to complete everything which needs to be done.
OPTIONS
There are several options which the Council could consider to replace the current practice of reading all
residential meters at least once a year.
1) Read three districts per year instead of all six districts every year. In effect, this would amend
the policy to reading all residential meters at least once every two years.
2) Discontinue yearly reading of residential meters and rely on the reading cards. Commercial
meters would continue to be read. Staff would continue to take final readings on residential
meters.
3) Hire part -time staff to read meters. While this would free up the regular utility staff, it would
also be an additional expense. It would also not resolve the problem of customers not being at
home when the meter reader is making his or her rounds.
4) Initiate a program of replacing existing water meters with remote - reading water meters. While
this option has been included in the Management Information Systems (MIS) Strategic Plan and
the Capital Improvement Program (CIP) for discussion and possible implementation, the cost is
high. It is estimated that it would cost about $750,000 to replace all water meters in Brooklyn
Center with remote - reading meters.
A further consideration is that many residential meters were replaced in 1980, and have at least
several more operating years left. While it may be possible to retrofit the existing meters,
retrofitting may not be the most cost - effective method of implementation.
RECOMMENDATION
It is recommended that the practice of annual residential meter reading be discontinued, effective
immediately. The following are recommended details of implementation.
1) Implement a sliding scale of penalties for failure to return a meter reading card. This would be
done during the annual utility rate study later this year.
2) Utilize the greater sophistication of LOGIS' new utility billing software to run spot checks of
reported meter readings. Those customers whose readings appear unusual will be asked to
schedule an on -site reading.
3) The meters of commercial establishments and large apartment buildings would continue to be read
quarterly.
• CITY OF BROOKLYN CENTER Council Meeting Da 10126/92 /
Agenda Iteca Number
REQUEST FOR COUNCIL CONSIDERATION
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
ITEM DESCRIPTION:
STAFF REPORT REGARDING ICE CONTROL PRACTICES
************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DEPT. APPROVAL ::
jz f 4"
Sy Knapp, irector of Public Works
MANAGER'S REVIEW/RECOMMENDATION: �
No comments to supplement this report Comments below /atta
SUNBLARY EXPLANATION: (supplemental sheets attached No
•
A suggestion was made during the Financial and Service Prioritization Process to
move toward using straight salt for streets ice control rather than the current
80 percent sand /20 percent salt mixture. The proposal would improve ice control,
reduce labor spent on spring cleanup, and reduce stormwater pollution from excess
sand use.
Street and Park Maintenance Supervisor Bob Cahlander recommends that the Council
consider amending the existing ice control policy and consider using 100 percent
salt to control ice. Sand /salt would continue to be used when the temperature is
too low for effective salt use, or where traction is necessary.
BACKGROUND
Brooklyn Center has traditionally used about twice as much sand /salt mixture as
straight salt for ice control. Sand /salt mixture, an abrasive, provides an
immediate improvement in skid resistance on icy roads, especially when
temperatures are low. Sand /salt mixture costs less than one -third as much as
salt - about $9.20 per ton compared to $32.00 per ton. Sand /salt mixture has a
somewhat lesser adverse environmental effect than straight salt.
However, sand /salt mixture has a number of disadvantages. First, sand provides
• traction, but does not assist in removing ice which is bonded to pavement.
Second, sand fills and blocks catch basins and storm sewers or remains on the
streets, necessitating extensive cleanup of streets, sewers, and catch basins
• each spring. Third, sand collected during cleanup must be disposed of, and
opportunities for disposal are becoming less available and more costly. Finally,
sand makes its way through the storm drainage system to lakes, streams, and
rivers.
Salt (sodium chloride) is an effective de -icer. It works to eliminate the
problem - ice - rather than work around it. By breaking ice's bond with the
underlying pavement, it increases the effectiveness of plowing and blading. Much
less straight salt than sand /salt mixture is required to effectively control icy
conditions.
Many agencies are moving toward using straight salt. Hennepin County uses 100
percent salt in its urban areas; MNDoT uses a 2:1 sand /salt mix in the Metro
area. Brooklyn Park uses 100 percent salt. Rochester uses 100 percent salt in
its downtown area.
COST
If this policy change is approved, street maintenance staff would use Winter,
1992 -93 as a test period, where street maintenance crews would evaluate the most
effective combination of straight salt and sand /salt use. Crews would also
evaluate the effectiveness of strategies such as pre- wetting the salt, which may
reduce the quantity of salt needed.
While salt is considerably more expensive than sand, much less salt is needed to
• provide effective ice control. Reducing the amount of sand used also results in
less sand to dispose of in springtime, and reduced dumping fees. It is expected
that considered solely on materials and dumping costs, this policy change would
probably result in either no or a slight increase in materials cost.
However, the labor and overhead associated with sanding, hauling, cleaning,
sweeping, and storm sewer and catch basin cleanout should be reduced. Reducing
the amount of sand used and thus the amount of time spent on spring cleanup
would:
e Increase time available to ursue other spring activities such as fixing
P P g � g
winter patches; repairing potholes; repairing boulevards; and trimming
boulevard trees.
• Enable street maintenance staff to prepare streets for sealcoating during
regular hours, reducing overtime spent on patching. It is possible that
reduced overtime could "net out" the increase in materials cost.
• Increase time available for other types of storm sewer maintenance and
repair.
Result in cleaner streets earlier in the spring, reducing the amount of
sand carried through the storm sewers to surface water by spring storms.
Operationally, the increased salt would be more effective in reducing ice
and increasing the effectiveness of plows. This would increase the
drivability of the streets.
• • Reduce the need to dump contaminated sand. Dumping fees continue to
increase, and there is a growing concern regarding the nature of the items
dumped. It is possible in the future that street sweepings will be
regarded as hazardous waste.
RECOMMENDED CITY COUNCIL ACTION
Review and approve by motion the proposed policy change.
CITY OF BROOKLYN CENTER Council Meeting Date 10/26 /92
Agenda Item Number /0 h
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
STAFF REPORT REGARDING PUBLIC EDUCATION PROGRAM REGARDING ABATEMENT OF WATER
POLLUTION
DEPT. APPROV
Sy Knapp, Bfrector of Public Works
MANAGER'S REVIEW /RECOMMENDATION:
No comments to supplement this report Comments below /a ched
SUMMARY EXPLANATION: (supplemental sheets attached Yes
The Storm Drainage Utility annual budget includes $5,000 for public education
• programs. At its July 27, 1992 meeting, the Council approved the concept of
publishing educational material regarding storm drainage and water pollution
abatement, and the concept of a coloring contest. The Council requested that
staff provide additional information regarding these items, along with cost
estimates.
Staff will work with the Water Management Plan Task Force to develop a plan for
several educational campaigns in 1993. A coloring contest can be implemented yet
in 1992. The following is a suggested format for the coloring contest, for
Council review and approval.
SUGGESTED FORMAT
This campaign would be aimed at children age 8 or younger. Its intent would be
to make children aware of the storm drainage system as a potential source of
water pollution.
Children would be encouraged to color a "STORMIE" graphic (attached) which would
be included with City newsletters. Entries would be judged in two age groups: 4
and under, and 5 -8. One grand prize winner in each category would be awarded a
one month family pass to the Community Center water slide. Five honorable
mentions in each category would receive a one day family pass. All entries would
be displayed at the Community Center.
The estimated cost of this campaign would be:
Materials 12,000 copies $ 487
Prizes 2 @ $54, 10 @$7.50 $ 183
$ 670
All costs would be charged to the Storm Drainage Utility.
RECOMMENDED CITY COUNCIL ACTION
Approve implementation of the coloring contest, and authorize the expenditure of
funds for materials and prizes.
•
f '
C ol oring
How can you help STORMIE protect our wetlands and
preserve our water quality?
With thousands of storm sewer inlets around town,
j� stormwater is a major contributor to water pollution.
ste MBE
g4 Anything washed into a storm sewer eventually makes its
way into our lakes, streams, and wetlands. Leaves, grass
clippings, litter, sand, and lawn fertilizer are just some
examples of STORMWATER POLLUTION.
Nothing but rainwater should enter storm drains.
Remember, WATER POLLUTION BEGINS ON LAND.
COLORING CONTEST RULES
1. The contest is open to persons 8 ears old an under. p p y d r u e. One entry per
person.
2. Entries should be submitted to: City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55412
3. Entries are due by DECEMBER 28, 1992.
4. Entries will be judged in two age groups: 4 and under, and 5 -8.
4. The grand prize in each age group is a one month family ass to the
g g P Yp
Brooklyn Center Community Center Pool and Waterslide. Five
honorable mentions will receive a one day family pass.
SPONSORED BY: The Brooklyn Center Storm Drainage Utility
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CITY OF BROOKLYN CENTER Council Meeting Date October 26, 1992
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
BUDGET WORK SESSION DATES
DEPT. APPR
Gerald G. S ter, City Manager
MANAGER'S REVIEW/RECONBMNDATION:
No comments to supplement this report Comments below /attached
SUNEMLARY EXPLANATION: (supplemental sheets attached )
i As you know the first budget work session is scheduled for Thursday, November 5, 1992. We have
recently been informed of a conflicting meeting on that same evening. The Association of
Metropolitan Municipalities is holding their policy adoption meeting that evening also. I have been
notified by a couple of Council members who would like to attend the AMM meeting. If the
Council wishes the budget work session can be rescheduled for an other evening that week. My
staff has checked and the C Barn at the Heritage Center would be available on Wednesday,
November 4, 1992. The Council Chambers is booked for the entire week.
RECOMMENDED CITY COUNCIL ACTION
Affirm budget work session scheduled for November 5 OR reschedule budget work session to
Wednesday, November 4, 1992 at the Earle Brown Heritage Center.
CITY OF BROOKLYN CENTER Council Meeting Date October 26, 1992
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
i
ITEM DESCRIPTION:
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF EDWARD COMMERS
DEPT. APPROVAL:
Pa V��'
Patti Page, Deput ity Clerk
MANAGER'S REVIEW/RECOMIl MNDATION: � � •,,.
No comments to supplement this report Comments below /attached
SAY EXPLANATION: (supplemental sheets attached )
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE
DEDICATED PUBLIC SERVICE OF EDWARD COMMERS
WHEREAS, Edward Commers served on the Brooklyn Center Charter
Commission from September 25, 1984, to September 18, 1992; and
WHEREAS, Edward Commers has served as Chairman of the Brooklyn Center
Charter Commission, and has always been willing to serve on and chair many
various ad hoc committees throughout his term; and
WHEREAS, his public service and civic effort for the betterment of
the community merit the gratitude of the citizens of Brooklyn Center; and
WHEREAS, his leadership and expertise has been greatly appreciated
by the Brooklyn Center Charter Commission; and
WHEREAS, it is highly appropriate that his service to the community
should be recognized and expressed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center that the dedicated public service of Edward Commers is hereby
recognized and appreciated by 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 Council Meeting Date October 26, 1992
Agenda Item Number 11,6
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
AUTHORIZING THE ISSUANCE JOINTLY BY CITY OF BROOKLYN CENTER, CITY OF
COLUMBIA HEIGHTS, CITY OF MOORHEAD AND THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF ROBBINSDALE OF THEIR SINGLE - FAMILY MORTGAGE
REVENUE REFUNDING BONDS, TAXABLE SERIES 1992A IN THE AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000, RESIDUAL INTEREST REVENUE
BONDS, SERIES 1992B IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$2,000,000 AND RESIDUAL INTEREST REVENUE BONDS, SERIES 1992C, IN THE
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000, PURSUANT TO
MINNESOTA STATUTES, CHAPTERS 462A, 462C, 469 AND SECTION 471.59, AND
APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS IN
CONNECTION THEREWITH
DEPT. APPROVAL:
Brad Hoffman, EDA Coordina r
MANAGER'S REVIEW/RECOMMENDATION:
No comments to supplement this report Comments below /attached
SUNEI7ARY EXPLANATION: (supplemental sheets attached )
The City Council authorized the refunding of this bond issue, (Resolution No. 92 -169) at its July
27, 1992, City Council meeting. Brooklyn Center can anticipate receiving an estimated $500,000
for other projects from the refunding.
•
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE JOINTLY BY CITY OF
BROOKLYN CENTER, CITY OF COLUMBIA HEIGHTS, CITY OF
MOORHEAD AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE
CITY OF ROBBINSDALE OF THEIR SINGLE FAMILY MORTGAGE
REVENUE REFUNDING BONDS, TAXABLE SERIES 1992A IN THE
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,000,000,
RESIDUAL INTEREST REVENUE BONDS, SERIES 1992B IN THE
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, AND
RESIDUAL INTEREST REVENUE BONDS, SERIES 1992C, IN THE
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000,,
PURSUANT TO MINNESOTA STATUTES, CHAPTERS 462A, 462C, 469
AND SECTION 471.59, AND APPROVING AND AUTHORIZING THE
EXECUTION OF VARIOUS DOCUMENTS IN CONNECTION THEREWITH
BE IT RESOLVED b the Ci Council of the Ci of Brook Center as
Y Y Y Y
follows:
1. City of Brooklyn Center, City of Columbia Heights - , City of Moorhead
and the Housing and Redevelopment Authority of the City of Robbinsdale, as the
predecessor of the Economic Development Authority of the City of Robbinsdale (the
"Robbinsdale Authority ") in 1982 issued their $31,758,000 Single Family Mortgage
Revenue Bonds (the "Prior Bonds ") to undertake a below market interest rate single
family mortgage loan program to finance the acquisition by low and moderate income
first -time homebuyers of single family homes located in the Cities of Brooklyn
Center, Columbia Heights, Moorhead and Robbinsdale (the "Program ") by acquiring
qualifying mortgage loans (the "Mortgage Loans ") . A portion of the Mortgage Loans
have been or will be transferred to the Federal National Mortgage Association
"(FNMA "), and in consideration thereof, there have been or will be issued certain
single pool Guaranteed Mortgage Pass - Through Securities (collectively the "GNMA
Security ") , guaranteed as to timely payment of principal and interest by FNMA.
Certain of the Mortgage Loans (the "Non -FNMA Mortgage Loans ") have not been
transferred to FNMA. It is in the best interests of the City of Brooklyn Center that
1
RESOLUTION NO.
(a) the City of Brooklyn Center, together with the City of Columbia Heights, City
of Moorhead and Robbinsdale Authority (together, the "Issuer ") issue their Single
Family Mortgage Revenue Refunding Bonds, Taxable Series 1992A ( "Series 1992A
Bonds "), to refund the Prior Bonds, (b) they issue their Residual Interest Revenue
Bonds, Series 1992B ( "Series 1992B Bonds ") and Residual Interest Revenue Bonds,
Series 1992C ( "Series 1992C Bonds ") (the Series 1992A Bonds, Series 1992B and the
Series 1992C Bonds are referred to as the "Bonds "), secured on a subordinate basis
to the Series 1992A Bonds to finance certain essential governmental functions of the
entities which constitute the Issuer and (c) all of such Bonds shall be secured by the
FNMA Security and the Non -FNMA Mortgage Loans. All of such Bonds shall be
issued in accordance with the Joint Powers Agreement described herein. The Issuer
will issue the Bonds pursuant to the three separate Indentures of Trust hereinafter
referred to, and will apply the proceeds of such Bonds as provided in such
Indentures of Trust and in other documents hereinafter referred to, pursuant to
Minnesota Statutes, Chapters 462A and 462C (the "Act ") and Minnesota Statutes,
Section 471.59 (the "Joint Powers Act ").
2. The following documents (including the exhibits referred to therein)
have been submitted to the City of Brooklyn Center for approval:
a. three separate Indentures of Trust, each dated as of October 1,
1992 (the 11 1992A Indenture, 1992B Indenture and 1992C Indenture"
respectively) , to be made and entered into between the Issuer and First Trust
National Association, as trustee (the "Trustee ") , providing for the issuance
of the Bonds, prescribing the form thereof, pledging the trust estate
described therein for the security of the Bonds, and setting forth proposed
recitals, covenants and agreements by the parties with respect thereto;
b . the Amendment to Program Administration and Servicing
'Agreement, dated as of October 1, 1992 ( the "Servicing Agreement ") , between
2
RESOLUTION NO.
the Issuer, the Trustee and the Servicer, which amends and supplements that
certain Program Administration and Servicing Agreement, dated as of
December 29, 1982, executed in connection with the issuance of the Prior
Bonds;
c. an Amended and Restated Joint Powers Agreement, dated as of
October 1, 1992 (the "Joint Powers Agreement "), by and between each of the
entities which comprise the Issuer, providing, among other things, for the
joint undertaking of the Program and the issuance of the Bonds by the Issuer;
d. a Purchase Contract, to be dated as of the date of execution
thereof (the "Purchase Contract ") by and between the Issuer and Miller &
Schroeder Financial, Inc. (the "Purchaser ") providing for the purchase of the
Bonds by the Purchaser; and
e. a First Amendment to Prior Indenture, dated as of October 1, 1992,
between the Issuer and the Trustee, amending certain terms of the indenture
of trust pursuant to which the Prior Bonds were issued; and
f. an Escrow Agreement, dated as of October 1, 1992, between the
Issuer and the Prior Trustee, to provide for the defeasance and payment of
the Prior Bonds using proceeds of the Series 1992A Bonds.
The agreements described and referred to in paragraphs a through e above,
shall hereinafter sometimes be referred to collectively as the "Agreements".
3. It is hereby found, determined and declared that:
a. The issuance of the Bonds and the defeasance of the Prior Bonds
are authorized by the Act and the Joint Powers Act; and the Program and
financing program therefor have been approved as required by Sections
462C.01 and 462C.04 of the Act;
b. The issuance and sale of the Bonds by the Issuer, and the
execution and delivery of the Agreements and the performance of all covenants
3
RESOLUTION NO.
and agreements of the Issuer contained therein and of all other acts and
things required under the Constitution and Laws of the State of Minnesota to
make the Agreements and the Bonds valid and binding obligations of the
Issuer accordance with their terms, are authorized by the Act and the Joint
Powers Act;
C. The issuance of the Bonds for the purposes and in the manner
contemplated by the Agreements conforms or will conform to all pertinent
statutes, regulations and ordinances of the State of Minnesota, and the
Issuer;
d. It is desirable that the Bonds in the aggregate principal amounts
not to exceed the amounts set forth at Exhibit A be issued by the Issuer, on
the terms set forth in the respective Indentures and the Purchase Contract,
and at interest rates not to exceed those rates set forth at Exhibit A;
e. The payments required or provided for by each of the Indentures
are intended to produce income and revenues sufficient to provide for the
payment when due of principal of, and interest on all Bonds issued under the
respective Indentures, provided that it is understood that the Series 1992B
Bonds shall be subordinate to the Series 1992A Bonds, and the Series 1992C
Bonds shall be subordinate to both the Series 1992A Bonds and the Series
1992C Bonds; and
g. Pursuant to the provisions of the Act, and as provided in the
respective Indentures and the Joint Powers Agreement, the Bonds shall be
retired solely from the revenues pledged thereto pursuant to the respective
Indentures and a separate sinking fund shall be established for the accounting
of the revenues and retirement of the Bonds.
4. The Agreements are hereby approved either in the forms on file with the
City of Brooklyn Center on the date hereof, or in such forms as may be approved by
4
RESOLUTION NO.
the Mayor and City Manager. Such of the Agreements as require the execution of
the City of Brooklyn Center are hereby authorized and directed to be executed or
accepted, as the case may be, and delivered in the name and on behalf of the City
of Brooklyn Center by its Mayor and City Manager upon execution thereof by the
parties thereto as appropriate, and upon final approval of the form thereof by the
Mayor. The Bonds and the Agreements shall be executed and delivered as provided
therein.
5. The Trustee is hereby authorized to execute and deliver such
instruments for the investment of the proceeds of the Bonds as shall be satisfactory
to the City Manager.
6. The form and terms of the Agreements may be varied prior to execution
and delivery by the parties thereto, provided that any such variance shall not be,
in the opinion of the City Manager, materially adverse to the interests of the City of
Brooklyn Center. The execution and delivery of the Agreements shall be conclusive
evidence of the determination that any such variance was not materially adverse to
the interests of the City of Brooklyn Center.
7. In anticipation of the collection of revenues of the Program, there shall
be issued forthwith Bonds, in the principal amount not to exceed the amounts set
forth at Exhibit A, substantially in the forms set forth in the respective Indentures,
the terms of which are for this purpose incorporated in this resolution and made a
part hereof as if fully set forth herein. The Bonds shall mature on approximately
such dates and bear interest at rates not exceeding those set forth at Exhibit A.
8. All actions of the members, employees and staff of the City of Brooklyn
Center heretofore taken in furtherance of the Program are hereby approved, ratified
and confirmed.
9. The sale of said Bonds to the Purchaser at a price of the principal
amount thereof plus accrued interest is hereby approved, and the Bonds are hereby
5
RESOLUTION NO.
directed to be sold to the Purchaser, subject to the terms and conditions set forth
in the Purchase Contract. The Mayor and City Manager of the City of Brooklyn
Center are hereby authorized and directed to prepare and execute by manual or
facsimile signature the Bonds as described in the respective Indentures and to cause
them to be delivered to the Trustee (which is herein designated as the authenticating
agent under Minnesota Statutes, Section 475.55) for authentication and delivery to
the Purchaser, together with a certified copy of this resolution, and the other
documents required by the respective Indentures.
10. The Mayor, City Manager and other officers of the City of Brooklyn
Center are authorized and directed to prepare and furnish when the Bonds are
issued, certified copies of all proceedings and records of the City of Brooklyn
Center relating to each series of Bonds and such other affidavits and certificates
(including but not limited to those required by bond counsel) as may be required to
show the facts relating to the legality, tax exemption and marketability of the Bonds
as such facts appear from the books and records in said officers custody and control
or as otherwise known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute representations of
the City of Brooklyn Center as to the truth of all statements made on behalf of the
City of Brooklyn Center and contained therein. The Mayor, City Manager and said
officers are further authorized to execute such additional documents as shall be
determined by the City Manager to be necessary and desirable to provide for the
issuance of the Bonds.
11. In the event any of the officers of the City of Brooklyn Center
authorized to execute documents on behalf of the City of Brooklyn Center under this
resolution shall for any reason be unable to do so, any member of the City Council
of the City of Brooklyn Center, or any other officer of the City of Brooklyn Center,
is hereby directed and authorized to do so on behalf of the City of Brooklyn Center,
6
RESOLUTION NO.
with the same effect as if executed by the officer authorized to do so in this
resolution.
12. The City of Brooklyn Center has been advised by the Purchaser of its
intent to prepare and distribute Official Statements and /or similar offering materials
in connection with the Purchaser's marketing of the Bonds, and the City of Brooklyn
Center consents to the 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.
7
EXHIBIT A
The Bonds
Aggregate
Principal Interest
Amount Not to Final Rates Not to
Series Exceed: Maturities Exceed
Series 1992A
Class I $5,500,000 12/1/15 6.00%
Class II 2,500,000 12/1/15 7.25
Series 1992B 2,000,000 12/1/15 7.25
Series 1992C 1,000,000 12/1/15 8.75
A -1
CITY OF BROOKLYN CENTER Council Meeting Date 10/26/92
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR HUMBOLDT
AVENUE SIDEWALK /TRAILWAY, IMPROVEMENT PROJECT NO. 1991 -16, AND SIDEWALK
REPLACEMENT /MISCELLANEOUS LOCATIONS, IMPROVEMENT PROJECT NO. 1992 -13, CONTRACT
1992 -I
DEPT. APPROVAL:
S Knapp, Irector of Public Works
MANAGER'S REVIEW /RECOMMENDATION:
T
No comments to supplement this report Commen s e o a
SUMMARY EXPLANATION: (supplemental sheets attached
Contract 1992 -I, Improvement Project No. 1991 -16, Humboldt Avenue
Sidewalk /Trailway and Improvement Project No. 1992 -13, Sidewalk Replacement,
Miscellaneous Locations, has been completed by Halvorson Concrete, Inc. The City
Council accepted their bid per Resolution No. 92 -157 and a contract was
subsequently executed. The actual final value of work, $47,010.96, is $974.98
over original contract value plus approved change order due to an underestimation
of contract quantities. Staff recommends acceptance of the work performed and
authorized to make final payment to Halvorson Concrete, Inc.
RECOMMENDED CITY COUNCIL ACTION
A resolution accepting work performed and authorizing final payment to Halvorson
Concrete Inc. is attached for consideration.
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL
PAYMENT FOR HUMBOLDT AVENUE SIDEWALK /TRAILWAY, IMPROVEMENT
PROJECT NO. 1991 -16, AND SIDEWALK REPLACEMENT /MISCELLANEOUS
LOCATIONS, IMPROVEMENT PROJECT NO. 1992 -13, CONTRACT 1992 -I
WHEREAS, pursuant to written contract signed with the City of
Brooklyn Center, Minnesota, Halvorson Concrete, Inc. has satisfactorily
completed the following improvement in accordance with said contract:
HUMBOLDT AVENUE SIDEWALK /TRAILWAY
IMPROVEMENT PROJECT NO. 1991 -16
SIDEWALK REPLACEMENT /MISCELLANEOUS LOCATIONS
IMPROVEMENT PROJECT NO. 1992 -13
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of
Brooklyn Center, Minnesota, that:
1. The work completed for Improvement Project No. 1991 -16 is
accepted and approved according to the following schedule:
As Established Per Low Bid As Final
Contract $21,210 $34,701.75 $35,042.28
Contingency 3,180 1,735.09 --
Professional Services
Trail Planning Service 3,700 3,551.50 3,551.50
Right -of -Way Services 1,200 1,200.00 1,200.00
Staff Engineering (8%) 1,950 2,914.95 2,803.38
Administration (1 %) 245 364.37 350.42
Legal (1 %) 245 364.37 350.42
Easement Acquisition 1.000 1.000.00 1.000.00
Total Est. Cost
Improvement Project No. 1991 -16 $32,730 $45,832.03 $44,298.00
2. The work completed for Improvement Project No. 1992 -13 is accepted
and approved according to the following schedule.
RESOLUTION NO.
As Established Per Low Bid As Final
Contract $17,950 $10,993.70 $11,968.68
Contingency 2.692 1,649.06 --
Subtotal Construction $20,642 $12,642.76 $11,968.68
Staff Engineering (8%) 1,651 1,011.42 957.49
Legal & Admin. (2%) 413 252.86 239.37
Material Testing (1 %) 206 126.43 119.69
Total Est. Cost
Improvement Project No. 1992 -13 $22,912 $14,033.47 $13,285.23
3. The actual value of work performed for Improvement Project No.
1991 -16 is equal to the original contract, plus previously approved
change order.
4. The actual value of work performed for Improvement Project No.
1992 -13 is $974.98 more than the original contract due to an
underestimation of quantities.
5. 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 $47,010.96,
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 10/26/
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT FOR HOUSE
REMOVAL - 4100 51ST AVENUE NORTH, IMPROVEMENT PROJECT NO. 1992 -12, CONTRACT
1992 -J
DEPT. APPROVAL:
S napp, irector of Public Works
MANAGER'S REVIEW /RECOMMENDATION: ,.
No comments to supplement this report Comments below /a shed
SUMMARY EXPLANATION: (supplemental sheets attached
Contract 1992 -J, Improvement Project No. 1992 -12, House Removal - 4100 51st
Avenue North, has been completed by Veit & Co., Inc. The City Council accepted
their bid per Resolution No. 92 -226 and a contract was subsequently executed.
The actual final value of work is $7,691.30 plus $309.00 for approved Change
Order No. 1 (installation of silt fence to keep eroded material from being
deposited in Twin Lake). Staff recommends acceptance of the work performed and
authorization to make final payment to Veit & Co. Inc.
RECOMMENDED CITY COUNCIL ACTION
A resolution accepting work performed and authorizing final payment to Veit &
Co., Inc. is attached for consideration.
•
Member introduced the following resolution and
moved its adoption:
RESOLUTION NO.
RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT
FOR HOUSE REMOVAL - 4100 51ST AVENUE NORTH, IMPROVEMENT PROJECT
NO. 1992 -12, CONTRACT 1992 -J
WHEREAS, pursuant to written contract signed with the City of
Brooklyn Center, Minnesota, Veit & Co., Inc. has satisfactorily completed the
following improvement in accordance with said contract:
HOUSE REMOVAL - 4100 51ST AVENUE NORTH
IMPROVEMENT PROJECT NO. 1992 -12
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
according to the following schedule:
As Established As Final
Appraisal costs (BCL Appraisals) $ 500 $ 450.00
Negotiation costs (Evergreen Land Services) 1,000 946.84
Legal and adinistrataive costs 5,000 5,000.00
Purchase costs NIS 145,000.00
Clearance costs 10,000 8,000.00
2. 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 $8,000.30.
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 10/26/92
Agenda Item Numb., //E
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AMENDING YEAR XVIII URBAN HENNEPIN COUNTY STATEMENT OF
PROJECTED USE OF FUNDS
DEPT. APPROVAL:
,/ ���Z9 ✓°
f
Tom Bublitz, Assistant EDA Coordinator
MANAGER'S REVIEW/RECOMINIENDATION:
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached Yes
This resolution is a housekeeping item authorizing the reallocation of $30,000 from the City's
Home Rehabilitation Grant Program to the Business Expansion /Retention Study.
A public hearing on the reallocation of the funds was held on July 13, 1992.
A copy of the amendment to the contract is is included with this request.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends approval of the resolution.
r
AMENDMENT NO. 1 TO CONTRACT NO. A09392
THIS AGREEMENT made and entered into by and between the COUNTY OF
HENNEPIN, State of Minnesota, hereinafter referred to as "RECIPIENT," and the
CITY OF BROOKLYN CENTER, hereinafter referred to as 'SUBRECIPIENT." Said
Parties to this agreement each being governmental units of the state of
Minnesota, and is made pursuant to Minnesota Statutes, Section 471 -59;
It is hereby agreed that that certain agreement, made and entered into on
September 22, 1992, and bearing Contract No. A09392 between the herein named
parties covering certain responsibilities for the implementation of approved
community development activities in the Urban Hennepin County Community
Development Block Grant program is hereby amended in accordance with the
provisions set forth below:
Attachment B to Exhibit 1 is hereby amended to B -1, reducing the project
budget by $30,000 and Attachment D to Exhibit 1 is included as a new activity
with a budget of $30,000.
This amendment shall be effective for the same period as the original
agreement, Contract No. A09392. Except as hereinabove amended, the terms,
conditions and provisions of said Contract No. A09392, dated September 22,
1992, shall remain in full force and effect.
SUBRECIPIENT, having signed this agreement, and the County having duly
approved this agreement on 19 , and pursuant to such
approval and the proper County Official having signed this agreement, the
parties hereto agree to be bound by the provisions herein set forth.
Approved as to legality, COUNTY OF HENNEPIN, STATE OF MINNESOTA
form and execution
By:
Deputy /Associate County Administrator
Assistant County Attorney
Date: CITY OF BROOKLYN CENTER
By:
Its Mayor
And:
Its City Manager
The City is organized pursuant to:
_Plan A _Plan B X Charter
CDBG YEAR XVIII SUBRECIPIENT AGREEMENT
ATTACHMENT B -1 TO STATEMENT OF WORK
1. ACTIVITY: Rehabilitation of Private Property
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 002
4. BUDGET: $100,491
5. BENEFIT: L/M (Housing)
b. DESCRIPTION: This locally administered program provides grants to eligible
low /moderate income homeowners for improvements to their homes consistent
with the Urban Hennepin County Procedural Guides for Housing
Rehabilitation.
7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this
activity and are to be included in this section and made a part of this
agreement.
[X] Supplemental Agreement
Type: [ ] Non - Profit Agency
[X] Public Agency METROPOLITAN COUNCIL
[ ] Other
An agreement must be executed between subrecipient and any other agency
providing a service or implementing an activity on behalf of subrecipient.
Said agreement must contain all pertinent sections contained in
Subrecipient Agreement and such other requirements as are identified
herein.
[X] Schedule
Activity must be implemented in a timely manner and completed by
December 31, 1993.
[X] Environmental Review Record
Per 24 CFR Part 58 Subpart E the environmental review status for this
activity has been determined as follows:
[ ] Exempt (EX)
[ ] Categorically Excluded (CE)
[X] Categorically Excluded /Exempt (CE /EX)
[ ] Assessment Required (AR)
[ ] Funds Released (FR) Date:
[ ] Labor Standards /Equal Employment Opportunity
All construction projects of $2,000 or more and financed in whole or part
with federal funds shall comply with the provisions of the Davis -Bacon Act
(prevailing wage), (p the Contract Work g k Hours and Safety tandards Act and
y the
Copeland (Anti- Kickback) Act.
All federally funded or assisted construction contracts or subcontracts of
$10,000 or more shall comply with Executive Order 11246, Equal Employment
Opportunity, as amended by Executive Order 12086, and the regulations
issued pursuant thereto in 41 CFR Part 60.
[ ] Procurement
Standards and guidelines are established in 24 CFR Part 85.36 for the
procurement of supplies, equipment, construction and services for federally
assisted programs. All procurement shall be made by one of the following
methods. The method used shall be adequately documented and contracts
shall contain standard conditions as appropriate.
- Small Purchase. (Informal Method) To be followed for the purchase of
services, supplies or other property costing in the aggregate not more
than $25,000. If small purchase procurement is used, written price or
rate quotations must be obtained from an adequate number of qualified
sources.
- Competitive Sealed Bids. (Formal Advertising) To be followed when
the purchase /s, costing in the aggregate, exceeds $25,000. Sealed
bids shall be publicly solicited and a firm fixed -price contract is to
be awarded to the lowest responsible bidder. This method is
preferred for soliciting construction bids.
- Competitive Proposals. This method is normally used when more than
one source submits an offer, and either a fixed -price or cost -
reimbursement type contract is awarded. This method is typically used
for procuring professional services.
[ J Section 3 of the Housing and Urban Development Act of 1968
In connection with the planning and implementation of any project assisted
under the Act, to the greatest extent feasible, opportunities for training
and employment be given to low and moderate income persons residing within
the unit of local government or the metropolitan area in which the project
is located, and that contracts for work in connection with the project be
awarded to eligible business concerns which are located in, or, owned in
substantial part by persons residing in the same metropolitan area as the
project. Contracts for work may include, but are not limited to, contracts
for supply of goods and /or services.
[ J Uniform Relocation Assistance and Real Property Acquisition
The standards described in 24 CFR 570.606 shall apply to activity that
involves the acquisition of real property or the displacement of persons,
including displacement caused by rehabilitation and demolition.
[ ] Residential Antidisplacement and Relocation Assistance
All occupied and vacant occupiable low- moderate income dwelling units
demolished or converted to another use as a direct result of activity shall
be replaced and relocation assistance shall be provided to each displaced
low- moderate income household in accordance with the Urban Hennepin County
CDBG Program Anti - displacement and Relocation Assistance Policy pursuant to
Section 104(d) of the Housing and Community Development Act of 1974, as
amended, and the provisions in 24 CFR 570.606.
[ ] Property Management
The standards described in 24 CFR Part 570.505 Subpart J shall apply to all
real property which was acquired or improved in whole or in part using CDBG
funds in excess of $25,000. These standards apply for a period of five (5)
years after the termination of this agreement.
[ ] Land Disposition Agreement
This agreement, executed between Hennepin County and the subrecipient
community, contains the terms under which the community can acquire and
hold land for a specified use and time period.
[X] Low and Moderate Income
Using the applicable Section 8 income limits established by HUD, it shall
be demonstrated that a low- and moderate - income activity so indicated in 5.
Benefit, above, meets one of the four criteria of 24 CFR Part 570.208,
relating to:
[ ] Area Benefit
[ ] Limited Clientele
[X] Housing
[ ] Job Creation or Retention
[ ] Prevention or Elimination of Slums and Blight
It shall be demonstrated that a slum and blight activity so indicated in 5.
Benefit, above, meets one of the following criteria:
[ ] Area Determination. The boundaries of the slum or blighted area must
be defined and meet the requirements of 24 CFR Part 570.208(b)(1).
[ ] Spot Basis. The specific conditions of blight or physical decay not
located in a slum or blighted area must be described.
[ ] Uecent Community Need
It shall be demonstrated that an urgent need activity, so indicated in 5.
Benefit. above, is designed to alleviate a recent (within 18 months)
condition which poses a serious and immediate threat to the health or
welfare of the community.
[ ) Other Requirements
CDBG YEAR XVIII SUBRECIPIENT AGREEMENT
ATTACHMENT D TO STATEMENT OF WORK
1. ACTIVITY: Business Expansion /Retention Study
2. LOCATION: ADDRESS: Citywide
CENSUS TRACT:
3. NUMBER: 902
4. BUDGET: $30,000
5. BENEFIT: P/A
6. DESCRIPTION: The cities of Blaine and Brooklyn Park have entered into a
joint powers agreement with Brooklyn Center to develop a local
comprehensive business expansion /retention program.
It is the intent of the communities to encourage economic growth and
development by providing ssistance to businesses already locate
g y d in their
communities.
The initial stage for which CDBG funding is proposed is a study /survey of
approximately 900 businesses in Brooklyn Center (4,000 among all the
communities) over a 3 -year period. The project proposed is a multi -year
project for the purposes of CDBG funding. Brooklyn Center has also
received a $50,000 pilot project grant from the state (DTED). Brooklyn
Center will be retaining a private firm (consultant) to undertake the
survey and analysis.
7. GENERAL REQUIREMENTS: Requirements with an "X" are applicable to this
activity and are to be included in this section and made a part of this
agreement. .
[X] Supplemental Agreement
Type: [X] Non - Profit Agency NORTH METRO BUSINESS RETENTION DEVELOP CORP
[ ] Public Agency
[ ] Other
An agreement must be executed between subrecipient and any other agency
providing a service or implementing an activity on behalf of subrecipient.
Said agreement must contain all pertinent sections contained in
Subrecipient Agreement and such other requirements as are identified
herein.
[X] Schedule
Activity must be implemented in a timely manner and completed by
December 31, 1993.
I
[X] Environmental Review Record
Per 24 CFR Part 58 Subpart E the environmental ( ',review status for this
activity has been determined as follows:
[X] Exempt (EX)
[ ] Categorically Excluded (CE)
[ ] Categorically Excluded /Exempt (CE /EX)
[ ] Assessment Required (AR)
Funds Released [ ed FR Date:
J
(
[ ] Labor Standards /Equal Employment Opportunity
All construction projects of $2,000 or more and financed in whole or part
with federal funds shall comply with the provision of the Davis -Bacon Act
(prevailing wage), the Contract Work Hours and Safe y Standards Act and the
Copeland (Anti- Kickback) Act.
All federally funded or assisted construction contacts or subcontracts of
$10,000 or more shall comply with Executive Order 11246, Equal Employment
Opportunity, as amended by Executive Order 1208 and the regulations
issued pursuant thereto in 41 CFR Part 60.
X Procurem
[ ]
Standards and guidelines are established in 24 FR Part 85.36 for the
procurement of supplies, equipment, construction an' services for federally
assisted programs. All procurement shall be made b y one of the following
methods. The method used shall be adequately dcicumented and contracts
shall contain standard conditions as appropriate.
- Small Purchase. (Informal Method) To be followed for the purchase of
services, supplies or other property costing in the aggregate not more
than $25,000. If small purchase procurement i' used, written price or
rate quotations must be obtained from an adequ to number of qualified
sources.
- Competitive Sealed Bids. (Formal Advertising) To be followed when
the purchase /s, costing in the aggregate, exceeds $25,000. Sealed
bids shall be publicly solicited and a firm fi ed -price contract is to
be awarded to the lowest responsible bider. This method is
preferred for soliciting construction bids.
- Competitive Proposals. This method is normally used when more than
one source submits an offer, and either a' fixed -price or cost -
reimbursement type contract is awarded. This method is typically used
for procuring professional services.
[ J Section _3 of the Housing and Urban Development Act of 1968
In connection with the planning and implementation of any project assisted
under the Act, to the greatest extent feasible, opportunities for training
and employment be given to low and moderate income persons residing within
the unit of local government or the metropolitan area in which the project
is located, and that contracts for work in connection with the project be
awarded to eligible business concerns which are located in, or owned in
substantial part by persons residing in the same metropolitan area as the
project. Contracts for work may include, but are not limited to, contracts
for supply of goods and /or services.
[ J Uniform Relocation Assistance and Real Property Acquisition
The standards described in 24 CFR 570.606 shall apply to activity that
involves the acquisition of real property or the displacement of persons,
including displacement caused by rehabilitation and demolition.
[ ] Residential Antidisplacement and Relocation Assistance
All occupied and vacant occupiable low- moderate income dwelling units
demolished or converted to another use as a direct result of activity shall
be replaced and relocation assistance shall be provided to each displaced
low- moderate income household in accordance with the Urban Hennepin County
CDBG Program Anti - displacement and Relocation Assistance Policy pursuant to
Section 104(d) of the Housing and Community Development Act of 1974, as
amended, and the provisions in 24 CFR 570.606.
[ ] Property Management
The standards described in 24 CFR Part 570.505 Subpart J shall apply to all
real property which was acquired or improved in whole or in part using CDBG
funds in excess of $25,000. These standards apply for a period of five (5)
years after the termination of this agreement.
[ ] Land Disposition Agreement
This agreement, executed between Hennepin County and the subrecipient
community, contains the terms under which the community can acquire and
hold land for a specified use and time period.
[ ] Low and Moderate Income
Using the applicable Section 8 income limits established by HUD, it shall
be demonstrated that a low- and moderate- income activity so indicated in 5.
Benefit, above, meets one of the four criteria of 24 CFR Part 570.208,
relating to:
[ ] Area Benefit
[ ] Limited Clientele
[ J Housing
[ ] Job Creation or Retention
[ ] Prevention or Elimination of Slums and Blight
It shall be demonstrated that a slum and blight activity so indicated in 5.
Benefit, above, meets one of the following criteria:
[ ] Area Determination. The boundaries of the slum or blighted area must
be defined and meet the requirements of 24 CFR Part 570.208(b)(1).
[ ] Spot Basis. The specific conditions of blight or physical decay not
located in a slum or blighted area must be described.
[ ] Urgent Community Need
It shall be demonstrated that an urgent need activity, so indicated in 5.
Benefit. above, is designed to alleviate a recent (within 18 months)
condition which poses a serious and immediate threat to the health or
welfare of the community.
[ ] Other Requirements
III
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AMENDING YEAR XVIII URBAN HENNEPIN COUNTY
STATEMENT OF PROJECTED USE OF FUNDS
WHEREAS, the City of Brooklyn Center, through a joint
cooperation agreement with Hennepin County, is a participant in
the Urban Hennepin County Community Development Block Grant
program; and
WHEREAS, the City of Brooklyn Center, on September 22,
1992, executed Hennepin County Contract No. A09392 (Year XVIII
Subrecipient Agreement), which governs the implementation of
approved activities in the Urban Hennepin County Community
Development Block Grant program; and
WHEREAS, the City of Brooklyn Center held a public
hearing on July 13, 1992 to consider public comments on a proposed
amendment to the Year XVIII Urban Hennepin County Statement of
Projected Use of Funds.
BE IT RESOLVED that the City of Brooklyn Center now
amends the Year XVIII Urban Hennepin County Statement of Projected
Use of Funds by reallocating $30,000 from #002, Rehabilitation of
Private Property to #902, Business Expansion /Retention Study.
BE IT FURTHER RESOLVED that the Mayor and City Manager
are hereby authorized to execute Amendment No. 1 to Contract
A09392 to implement the subject amendment to the Year XVIII Urban
Hennepin County Statement of Proposed Use of Funds.
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 10/26/92
Agenda Item Number //
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
DESIGNATING THE CITY'S NORTHEAST NEIGHBORHOOD FOR NEIGHBORHOOD
PRESERVATION UNDER THE MINNESOTA HOUSING FINANCE AGENCY'S MULTI-
FAMILY BLIGHTED PROPERTY REMOVAL PROGRAM
DEPT. APPROVAL:
Toni Bublitz, Assistant EDA Coor inator
*i'i� **, * * * * * * * **
MANAGER'S REVIEW/RECOMIUENDATION: `
No comments to supplement this report Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached No
This resolution is required to be submitted in conjunction with the City's application to the
Minnesota Housing Finance Agency (MHFA) for funding under the Multi - Family Blighted Property
Removal Grant Program.
The application submitted under this grant program was initially discussed at the September 28,
1992 EDA meeting. At that meeting, the properties to be included in the grant request for
acquisition and demolition were o e e the four n
q abandoned fou rp lexes on Humboldt Avenue.
At the October 19, 1992 EDA meeting, the EDA authorized staff to include the property at 6525,
6527 and 6529 Willow Lane (the Ketroser property) in the application.
Since both properties are in the northeast neighborhood of the City, the resolution would designate
the northeast neighborhood as the target neighborhood for neighborhood preservation under the
MHFA grant program.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends approval of the resolution.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION DESIGNATING THE CITY'S NORTHEAST NEIGHBORHOOD
FOR NEIGHBORHOOD PRESERVATION UNDER THE MINNESOTA
HOUSING FINANCE AGENCY'S MULTI- FAMILY BLIGHTED PROPERTY
REMOVAL PROGRAM
WHEREAS, the City of Brooklyn Center desires to
participate in the Minnesota Housing Finance Agency's (MHFA's)
Multi - Family Blighted Property Removal Program; and
WHEREAS, the MHFA program requires designation of a
neighborhood for preservation and constituting a portion of the
City which is less than the whole; and
WHEREAS, the northeast neighborhood contains the largest
number of rental units in the City's six neighborhoods; and
WHEREAS, the northeast neighborhood's rental units
account for approximately forty percent (40 %) of the City's total
rental units.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Brooklyn Center that the northeast neighborhood is
hereby designated as the target neighborhood for neighborhood
preservation activities authorized by the Minnesota Housing
Finance Agency's Multi- Family Blighted Property Removal Program.
BE IT FURTHER RESOLVED that the boundaries of the
northeast neighborhood are described by the following: All of the
property north of I -94 (694), south of 73rd Avenue, east of
Shingle Creek Parkway and west of the Mississippi River.
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
The motion for the adoption of the foregoing resolution was duly
seconded by member and upon vote being taken
thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
• CITY OF BROOKLYN CENTER Council Meeting
Date /® /2 (v ` 9' Z
REQUEST FOR COUNCIL ACTION Agenda It em Number
ITEM DECRIPTION: RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH
FIRST OF OMAHA FOR CREDIT CARD SERVICES IN THE MUNICIPAL LIQUOR STORES
DEPARTMENT AP ROVAL:
Paul Ho m un , Director of Finance
******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
MANAGER'S REVEIW /RECOMMENDATION:
No comments to supplement this report
Comments below /attached
******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION (supplemental sheets attached)
This resolution would authorize the Liquor Stores' Manager to enter
into a contract with First of Omaha for credit card sales at the three
municipal liquor stores.
• Customers have asked on a regular basis in the last few months if we
would accept credit cards. In the past, few customers ever asked to use
credit cards. Staff did a survey of other liquor stores in the Metro
area and found the majority accept credit cards, including municipal
liquor stores.
The Liquor Stores would lease the equipment for the inital contract
length of six months. If the acceptance of credit cards is a benefit
to the Liquor Stores, a new contract would be entered into and
the Liquor Stores would purchase the equipment needed.
STAFF RECOMMENDATION:
Passage of the attached resolution.
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH FIRST
OF OMAHA FOR CREDIT CARD SERVICES IN THE MUNICIPAL LIQUOR
STORES
----------------------------------------------------------
WHEREAS, customers have been requesting on a regular basis
if the liguor stores would accept credit cards; and
WHEREAS, the majority of liquor stores in the metro area
accept credit cards:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Brooklyn Center as follows:
Section 1: The Liquor Stores are hereby authorized q y riz d to
enter into a contract with First of Omaha for credit card services
and to lease the appropriate equipment.
Section 2: If at the end of said contract, it has shown
to be of benefit to the Liquor Stores, a new contract will be
entered into to continue the said contract and to purchase the
equipment.
------------------ - - - - -- -------------------------------
Date Todd Paulson, Mayor
ATTEST:
Deputy Clerk
The motion for the adoption of the forgoing 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 10/26/92
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
Announcement of Special City Council Meeting to Canvass the November 3, 1992, Municipal
General Election Returns
DEPT. APPROVAL:
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOMMENDATION:
No comments to supplement this report Comments below /attached
******************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
SUMMARY EXPLANATION: (supplemental sheets attached )
• As required by Section 4.06 of the City Charter and M.S. Chapter 205.065 subd. 5 the city council
must meet to canvass the November 3, 1992, municipal general election returns and make full
declaration of the results to the city clerk. This meeting will take place in the council chambers
as soon as the election judges return supplies and results to City Hall (approximately 9:30 p.m.).
The city council shall declare the two candidates with the highest number of votes as the elected
officials for the two council member offices. In case of a tie vote, the city council shall determine
the result by lot.
With regard to the two questions on the ballot, a question is carried only with the majority in its
favor required by law or charter (M.S. 205.10). M.S. 410.12, subd. 4 regulates the charter
amendment question and states "if 51 percent of the votes cast on any amendment are in favor of
its adoption, copies of the amendment and certificates shall be filed, as in the case of the original
charter and the amendment shall take effect in 30 days from the date of the election or at such
other time as is fixed in the amendment ".
RECOMMENDED CITY COUNCIL ACTION
The Mayor will make the following announcement:
There will be a special meeting of the city council on November 3, 1992,
at approximately 9:30 p.m., or as soon thereafter as the municipal general
election results are returned, for the purposes of canvassing the results of
the November 3, 1992, municipal general election.
CITY OF BROOKLYN CENTER council Meeting Date 10/26/92
Agenda Item Number 13
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
LICENSES
DEPT. APPROVAL:
2—"—
Sharon Knutson, Deputy City Clerk
MANAGER'S REVIEW/RECOMMENDATI
ON: .�
No comments to supplement below/ attached
this report Comments below attached
SUNEV ARY EXPLANATION: (supplemental sheets attached )
Attached is the list of licenses to be approved by the city council.
•
RECOMMENDED CITY COUNCIL ACTION
Approve licenses.
�3
O pcenses to be approved by the City Council on October 26, 1992:
CHRISTMAS TREE SALES LOT
Snowy Ridge Farms 5558 Unity Ave. N. • _
K -Mart 5930 Earle Brown Dr.
City Clerk Ap c.
FOOD ESTABLISHMENT
GregoryLeigh, Inc. 3145 Dean Court, #I704
Gloria Jean's Coffee Bean 1119 Brookdale Center Q
The Swiss Colony Brookdale Center 46
Sanitarian a k
MECHANICAL SYSTEMS
Michal's Heating & Handiwork 2779 161st Ave. NW
Vail & Sons, Inc. 3235 LaBore Road
Building Official Ak
RENTAL DWELLINGS
Initial:
Vicki L. Franzman 5500 Aldrich Dr. N.
Rickie and Patsy Stuva 6413 Brooklyn Dr.
David Paquette 6613 Drew Ave. N. � � WaA&ap�,
Floyd Ruggles 7008 Unity Ave. N.
Director of Planning jk
and Inspections
TAXICAB
Blue & White Tani 3307 6th St. N. �
Cab #580
Chief of Police 4k
GENERAL APPROVAL:
P. Page, Depu4 Clerk