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HomeMy WebLinkAbout1991 04-22 CCP Regular Session CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 22, 1991 7 p.m. 1. Call to Order 2. Roll Call 3. Opening Ceremonies 4. Open Forum 5. Council Reports 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. April 8, 1991 - Regular Session 8. Mayoral Appointments: a. Human Rights and Resources Commission b. Northwest Hennepin Human Services Council Advisory Commission 9. Presentation: a. John Derus, County Commissioner 10. Proclamation: *a. Declaring April 26, 1991, as Eugene H. Hagel Day 11. Ordinances: (7:30 p.m.) a. An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals -This amendment relates to private and commercial kennels. This item is offered this evening for a first reading. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land (Proposed Twin View Meadows) -This ordinance amendment was offered for a first reading at the City Council's March 25, 1991, meeting, was published on April 3, 1991, and is offered this evening for a second reading. This ordinance describes the land area included under the Twin View Development, Inc. Planned Unit Development proposal involving an approximate 17.5 acre tract of land lying westerly of 40 France Avenue and south of the existing 51st Avenue North right -of -way. The ordinance amendment describes property to be zoned PUD /R1, Open Space and I -2 zoned property. 1. Motion Tabling Ordinance CITY COUNCIL AGENDA -2- April 22, 1991 2. Resolution Approving Development Agreement 3- Motion Approving Final Plat 12. Discussion Items: a. Water Slide b. Controlling Driveway Widths and Paving in Front Yards and Yards Abutting a Public Street C. 69th Avenue Improvement 1. Status Report from SEH Regarding "Stage 1 Project Development" Plans 2. Public Informational Meeting on May 1 3. Resolution Accepting Proposal from SEH, Inc. to Prepare Plans and Specifications for Construction of Phase I Improvements (Soil Correction in Palmer Lake Segment of 69th, Compensating Storage and Wetland Mitigation) Improvement Project No. 1990 -10 d. Reforestation Program e. Legislative Update 13. Resolutions: *a. Amending the 1991 Pay Plan -This will add the full -time Earle Brown Heritage Center positions to the pay plan. b. Amending the 1991 General Fund Budget -This is to replace the exterior door at the southeast entranceway to City Hall. This was recommended by the Safety Committee. *c. Approving Specifications and Authorizing Advertisement for Bids for Delivery of 5,000 Square Feet of Rubber Flooring for Park Buildings - Approved in 1991 Parks Maintenance budget. *d. Approving Purchase Agreement for 69th Avenue Right -of- Way, Improvement Project No. 1990 -10 e. Establishing Fees Relating to Weed Inspection/ Removal Program f. Budget Task Force Membership *14. Final Plat Approval: a. Brooklyn United Methodist Church *15. Licenses 16. Adjournment 7a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 8, 1991 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:04 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Assistant EDA Coordinator Tom Bublitz, Personnel Coordinator Geralyn Barone, and Council Secretary Ann Odden. OPENING CEREMONIES Jim McCloskey offered the invocation. OPEN FORUM Mayor Paulson noted the Council had not received any 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 advised Councilmembers of the dates of several upcoming events and offered to provide a list for Councilmembers interested in attending. Councilmember Pedlar reminded those present of the Shingle Creek and Palmer Lake clean -up day scheduled for May 4, 1991. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. 4/8/91 - 1 - APPROVAL OF MINUTES MARCH 18, 1991 - SPECIAL SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of March 18, 1991, special session as printed. The motion passed unanimously. MARCH 25, 1991 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the March 25, 1991, regular session as printed. The motion passed unanimously. RESOLUTION NO. 91 -109 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ADOPTING A SOLID WASTE SOURCE REDUCTION PLAN FOR THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -110 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 91 -111 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR REMOVAL OF HOUSES ON 69TH AVENUE NORTH, PHASE II, IMPROVEMENT PROJECT NO. 1991 -02 CONTRACT 1991 -B The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: 4891 - 2- FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Baker's Square Rest. #178 5601 Xerxes Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Breaktime Services 6660 Shingle Crk. Pky. Bridgeman's #320 1272 Brookdale Center Brooklyn Center Mobil - Super Mart 6849 Brooklyn Blvd. Burger King #220 6110 Brooklyn Blvd. Chuck Wagon Inn 5720 Morgan Ave. N. Donut Delight 6838 Humboldt Ave. N. Duke's Amoco 6501 Humboldt Ave. N. 50's Grill 5524 Brooklyn Blvd. Gloria Jean's Coffee Bean 1119 Brookdale Center House of Hui's Rest. 6800 Humboldt Ave. N. Jenny Craig Weight Loss Ctr. 5951 Earle Brown Dr. Kim Fung 1958 57th Ave. N. Lynbrook Bowl, Inc. 6357 No. Lilac Dr. Marantha Place 5415 69th Ave. N. Movies at Brookdale 5800 Shingle Crk. Pky. Neil's Total 1505 69th Ave. N. New Horizon Nursery Sch. 1200 69th Ave. N. Que Viet 6100 Brooklyn Blvd. Scoreboard Pizza 6816 Humboldt Ave. N. Target T -240 6100 Shingle Crk. Pky. Taystee Bread 4215 69th Ave. N. Wes' Amoco 6044 Brooklyn Blvd. Yen Ching Mandarin Rest. 5900 Shingle Crk. Pky. ITINERANT FOOD LICENSE Brooklyn Center High School Band Boosters 6500 Humboldt Ave. N. Earle Brown Elementary Sch. 5900 Humboldt Ave. N. Garden City Elementary Sch. 3501 65th Ave. N. MECHANICAL SYSTEMS Anderson Heating and A/C 4347 Central Ave. N.E. Centraire, Inc. 7402 Washington Ave. S. Dependable Indoor Quality, Inc. 9500 Vincent Ave. N. Flare Heating & A/C, Inc. 664 Mendelssohn Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. General Sheet Metal Corp. 2330 Louisiana Ave. N. 4/8/91 - 3 - MECHANICAL SYSTEMS (continued) Gopher Heating & Sheet Metal, Inc. 4815 W. 123rd St. Home Energy Center 14505 21st Ave. N. Horwitz Mechanical, Inc. 5000 N. Highway 169 Kleve Heating & A/C, Inc. 13075 Pioneer Trail McGuire Mechanical Services, Inc. 20830 Holt Ave. McQuillan Bros. Plbg. Heating Co. 452 Selby Ave. Metropolitan Mechanical Contractors 7340 Washington Ave. S. Milts Gas Heating Service, Inc. 2500 Longview Dr. Minnegasco 201 S. 7th Street Pete's Repair, Inc. 8835 Xylon Ave. N. Pierce Refrigeration 1920 2nd Ave. S. Ron's Mechanical 1812 E. Shakopee Ave. Sedgwick Heating and Air Cond., Co. 8910 Wentworth Ave. S. Yale, Inc. 9649 Girard Ave. S. MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Blvd. North Star Dodge Center, Inc. 6800 Brooklyn Blvd. NONPERISHABLE VENDING MACHINE Joel Johnson 10015 Nord Road Humboldt Square Cleaners 6824 Humboldt Ave. N. PERISHABLE VENDING MACHINE Five Star Vending 15034 Fillmore St. N.E. Hiawatha Rubber Co. 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. SIGN HANGER Naegele Outdoor Advertising Company, Inc. 1700 West 78th St. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SPECIAL FOOD HANDLING ESTABLISHMENT M & S Drug Emporium 5900 Shingle Crk. Pky. 4/8/91 - 4- SWIMMING POOLS Brookwood Estates 6201 N. Lilac Dr. Holiday Inn 2200 Freeway Blvd. Marvin Garden Townhouses 68th and Orchard The motion passed unanimously. PROCLAMATION DECLARING A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER The City Manager briefly reviewed this item. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to approve a Proclamation Declaring Saturday, April 20, 1991 as "A Day of Spiritual Rededication in Brooklyn Center." The motion passed unanimously. ORDINANCES The City Manager presented an Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel. Councilmember Pedlar stated he would prefer to have each case brought before the Council. Councilmember Rosene concurred. The City Manager noted that occasionally, a time element made it difficult to address the Council on each case, such as in the hiring of police officers. Councilmember Cohen suggested the City Manager send a memo to the Council to inform them each time the provisions in the new ordinance were invoked. Councilmember Pedlar concurred with Councilmember Cohen's suggestion. Councilmember Scott indicated in the past certain candidates for positions had been hired elsewhere due to the time constraints of bringing each matter before the Council. Therefore, the proposed ordinance had been instigated at Council's request. She was comfortable with the ordinance as written and concurred with the idea of informing the Council when the ordinance was applied. Councilmember Rosene suggested the City Manager could explain the reason the ordinance was being applied in the memo also. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve for first reading an Ordinance Amending Chapter 17 of the City Ordinances Regarding Personnel and setting a public hearing date of May 13, 1991, at 7:15 p.m. The motion passed unanimously. The City Manager presented an Ordinance Amending Chapter 7 of the City Ordinances Relating to Recycling Services for Multifamily Dwellings. He noted the process provided for in the ordinance was mandated. In response to Councilmember Scott's question, he indicated the individual apartment owners were responsible for providing the service. 4/8/91 - 5 - In response to Councilmember Cohen's question, the City Manager indicated it would be possible to have compliance under the existing licensing ordinance. The City Manager indicated the City's costs would be for a promotional campaign and sending notices. Councilmember Rosene indicated he would like any City costs to be recorded for the purpose of keeping track of mandated costs as suggested by Councilmember Cohen at a previous meeting. Councilmember Rosene also felt the citizens should be made aware of the program's costs and why the program had been implemented. Councilmember Rosene and Mayor Paulson requested the cost per unit be determined. The City Manager indicated he would do this and estimated the cost per unit would likely be comparable to the cost per home in a residential area. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve for first reading an Ordinance Amending Chapter 7 of the City Ordinances Relating to Recycling Services for Multifamily Dwellings and setting a public hearing date of May 13, 1991, at 7:15 p.m. The motion passed unanimously. The City Manager presented an Ordinance Amending Chapter 3 of the Brooklyn Center City Charter relating to the first Council meeting of the year following a municipal election. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve for first reading an Ordinance Amending Chapter 3 of the Brooklyn Center City Charter and setting a public hearing date of May 13, 1991, at 7:15 p.m. The motion passed unanimously. The City Manager reviewed a resolution approving proposed program for Year XVII Urban Hennepin County Community Development Block Grant Funds and authorizing its submittal. He indicated a public hearing was required on the matter. In response to Councilmember Rosene's question regarding the difference between scattered site development and rehabilitation of private property, the City Manager indicated they accomplished some of the same purposes but rehabilitation of private property was a government- supported program. The Assistant EDA Coordinator indicated qualifying income levels were determined in the basis of a formula using a metro area median income. He noted a person with an income level of 60% or less of the metro median would be eligible to apply. Mayor Paulson opened the meeting for the purpose of a public hearing on the Housing and Community Development needs of the City of Brooklyn Center and Urban Hennepin County for the purpose of making recommendations on the proposed use of Year XVII Urban Hennepin County Community Development Block Grant Program Allocation at 4/8/91 - 6- 7:34 p.m. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Rosene to close the public hearing at 7:34 p.m. The motion passed unanimously. RESOLUTION NO. 91 -112 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XVII URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. DISCUSSION ITEMS LEGISLATIVE ACTION The City Manager reviewed proposed legislation which would provide funding for the wetlands project by imposing surcharges on public water supplies. He indicated the wetlands protection program was proposed to be funded from any one or a combination of three sources: a 6% sales tax on water use charges, an annual surcharge of 50 cents per person served by the public water supply, and /or a substantial increase in the City's water appropriation fee. He noted the City's water appropriation fee had increased from $1,575 to $6,007.50 in 1991. He noted most water bill payers were located in the metro area and most wetlands were located outstate. The Director of Public Works estimated the revenue the State would generate from Brooklyn Center from each funding source if the proposed legislation were to pass. He estimated the 6% sales tax on water use charges would generate approximately $40,000, the annual 50 cent surcharge would generate approximately $14,000 and the increase in the City's water appropriation fee would generate approximately $5,000410,000. He reiterated the fact that the State could employ any one or a combination of these three charges. He noted staff recommended the Council oppose the proposed legislation through passage of a resolution objecting to the use of this method of funding the wetlands program. Councilmember Cohen concurred with the remarks of the City Manager and the Director of Public Works. He commented the money generated by the State through the lottery had originally been earmarked for environmental issues and felt the wetlands preservation was in that category. He was concerned that an increase in the water rates would create 4/8/91 - 7 - an unfair hardship, particularly on certain segments of the population, such as the elderly. He suggested modifying the proposed resolution to incorporate the following: 1) that the impact of such a large increase could potentially drive the cost of fresh water beyond the financial resources of some citizens, 2) there should be no direct relation between funding of the wetlands and fresh water consumption, and 3) the State should seek funding more directly related to the wetlands. Councilmembers Scott and Pedlar concurred with Councilmember Cohen's remarks. Councilmember Scott suggested removing the word "restructuring" from the title of the resolution. In response to Mayor Paulson's question the City Manager indicated a cover letter which would accompany the resolution and be sent to elected officials would touch on proposals the City felt would be a more appropriate alternative. He indicated he would make every effort to research the current use of the State's lottery income. Councilmember Rosene concurred with the remarks and indicated he was opposed to the proposed legislation because it was not a progressive tax. RESOLUTION NO. 91 -113 Member Philip Cohen introduced the following resolution and moved its adoption as amended: RESOLUTION OBJECTING TO PROPOSED FUNDING MECHANISM FOR WETLANDS LEGISLATION The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. PROPOSED LEGISLATION TO AUTHORIZE ESTABLISHMENT OF TRANSPORTATION UTILITIES The City Manager reviewed a resolution regarding proposed legislation to authorize establishment of transportation utilities. The Director of Public Works explained the utilities would operate similarly to the storm /drainage utilities. A charge would be imposed on property owners based upon traffic generated. He indicated the utility, if used by the City, could be a stable source of revenue; however, a disadvantage of the fee would be that the tax was not deductible. He indicated staff recommended approval on the basis that the fee would be available as a tool the City could use in the future if necessary. He was not advocating the City immediately begin the use of a transportation utility. In response to Councilmember Pedlar's question, the Director of Public Works indicated all property owners would be affected based upon actual usage to be determined by a traffic analysis. Commercial and industrial property would be taxed more heavily than 4/8/91 - 8- I residential property. The Director of Public Works indicated the analysis would result in an average number for each type of property (i.e. single - family residential) and would not be based upon the number of vehicles owned by an individual. Councilmember Pedlar questioned what the costs might be and whether the taxes citizens already pay should be expected to cover transportation - related services. The Director of Public Works indicated costs were not able to be estimated at this point. In response to Mayor Paulson's question, the Director of Public Works indicated the revenue generated from this type of utility would be available for use for trains also. Councilmember Cohen felt the proposed tax was a complicated method of addressing a need which could be met more staightforwardly by a wheelage tax, if warranted. The Director of Public Works indicated the advantage of the proposed utility versus a wheelage tax was that the utility could be collected by the City without being routed through State government. Mayor Paulson commented on a potential problem of the utility, which was there would be no dis- incentive to use. He felt encouraging lesser use of vehicles would lead to more efficient transportation. The Director of Public Works concurred. Councilmember Rosene noted if encouraging alternative forms of transportation were successful, funding would then diminish due to decreased vehicle use and thus fees paid. Councilmember Cohen stated he supported the proposed resolution as a potential tool for the City's use, but requested the experience of other communities be solicited in order to estimate revenue generated. The Director of Public Works indicated that information was not currently available, but the City would rely on such information in the future before implementing a transportation utility. As a rough guideline, the Director of Public Works indicated the storm /sewer utility fee generated approximately $260,000 for the City. He stated if the transportation utility were to generate a similaf amount, it would make a substantial contribution to the $1.5 million annual cost of street repair and maintenance. In response to Councilmember Pedlar's question, the Director of Public Works indicated most other communities were supporting the option to establish a transportation utility in the future. Councilmember Pedlar was reluctant to support the measure without more information on costs. The City Manager stated the City would make an effort to thoroughly analyze estimated costs and anticipated revenue as the information became available in the future before proposing use of the utility. Councilmember Cohen commented he felt the issue would send a message to the State that cities were competent to make the right decision for their citizens in this area without State intervention. Councilmember Rosene indicated the issue of how to make the utility fair for residents of major roads (i.e. Humboldt Avenue) would need to be addressed. He commented if adopted by other communities, the utility could provide better roads and better transportation throughout the metro area. 4/8/91 - 9- RESOLUTION NO. 91 -114 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE ESTABLISHMENT OF TRANSPORTATION UTILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. NATIONAL LEAGUE OF CITIES The City Manager briefly reviewed consideration of membership in the National League of Cities and indicated dues were $1,162 annually. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott directing the City Manager to prepare a resolution providing for membership in the National League of Cities and reappropriating $1,162 from the budget for dues. Vote: Four ayes. The motion passed. Councilmember Cohen abstained. RECOMMENDATION TO PURCHASE ACCIDENT INSURANCE COVERAGE FOR CITY VOLUNTEERS The City Manager briefly reviewed this item. There was a motion by Councilmember Scott and seconded by Councilmember Rosene directing the City Manager to prepare a resolution providing for the purchase of accident insurance coverage for City volunteers. The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager reviewed a proposed resolution for the purpose of establishing a Brooklyn Center Ad Hoc Financial Task Force Committee. In regard to membership of the task force, Councilmember Rosene suggested the resolution be amended to provide for membership of a City staff member, with preference given to those residing in Brooklyn Center. The City Manager explained there would be provisions for extensive employee involvement and input; however, he felt it would be best not to have a member of staff directly on the committee as it could perhaps place that employee under undue pressure from co- workers. He felt that getting input from staff members without singling them out as the focus of attention would be preferable. Councilmember Pedlar concurred and the Council agreed the City Manager would work with Councilmember Pedlar to establish an employee input process. 4/8/91 - 10- In regard to subdivision 10, Councilmember Rosene suggested Councilmember Pedlar, as Council liaison, arrange for another Councilmember to act in his place if he were unavailable to attend a meeting. Councilmember Cohen suggested the verbiage be reworded slightly in subdivision 10 to specify "Councilmember Pedlar or his designate..." The Council concurred with this addition. The Councilmembers discussed the role of other Councilmembers in attendance at the task force meetings. In response to a question posed by Councilmember Rosene, the Council concurred that other Councilmembers could attend meetings and speak if they chose, but Councilmember Pedlar would remain the official liaison. Councilmember Cohen noted the purpose of the meetings is to give task force members the freedom to fulfill their purposes. He felt Council attendance at each meeting could possibly hamper progress. Mayor Paulson indicated that regular updates of committee actions and occasional joint meetings should serve as an efficient manner of facilitating communication between the two groups. In regard to subdivision 6, Councilmember Cohen felt the absence policy should be more clearly defined. He suggested removal of the word "unexcused" from the "Resignations - Removal from Office - Vacancies" section which would result in removal from the task force after three consecutive absences regardless of excuse. Councilmembers Pedlar and Rosene concurred with this suggestion. RESOLUTION NO. 91 -115 Member Celia Scott introduced the following resolution and moved its adoption as amended by Councilmember Cohen: RESOLUTION ESTABLISHING A BROOKLYN CENTER AD HOC CITY FINANCIAL TASK FORCE AND DEFINING DUTIES AND RESPONSIBILITIES The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. RESOLUTION NO. 91 -116 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 91 -117 Member Celia Scott introduced the following resolution and moved its adoption: 4/8/91 RESOLUTION ACCEPTING PROPOSAL FOR PROFESSIONAL SERVICES RELATING TO HUMBOLDT AVENUE /65TH AVENUE LANDSCAPING, IMPROVEMENT PROJECT NO. 1991 -03, CONTRACT 1991 -D The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene, and the motion passed unanimously. The Council briefly discussed the existing policy in regard the dollar amount of projects which it was not necessary to bid. They concurred to have the matter on a future agenda as a discussion item. The City Manager reviewed a proposed resolution establishing the 1991 diseased tree removal program. Councilmember Cohen questioned the reforestation policy and was told much of this program had been cut due to budget constraints. If money were left over in this area of the budget, it would be put toward some reforestation. Mayor Paulson suggested staff confer with the City of Brooklyn Park, as they have a policy on this matter. Councilmember Rosene mentioned two possible sources of limited but inexpensive reforestation, those being the City of Plymouth, which had previously given away some trees, and a program known as Global Re -Leaf. He suggested Council and staff check into these programs and attempt to locate other sources as well. Councilmember Cohen suggested a possible surcharge on diseased trees for the purpose of reforestation. Councilmember Scott requested the local newspapers aid in informing citizens of the City's limited budget for reforestation and encourage individuals to do their part in replanting trees. Mayor Paulson requested replacement of trees be on a future agenda as a discussion item. RESOLUTION NO. 91 -118 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE 1991 DISEASED TREE REMOVAL PROGRAM, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1991 -06, CONTRACT 1991 -G The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager reviewed a proposed resolution amending fee schedules for the administration of tree removal accounts, and the Director of Public Works explained the process in detail. 4/8/91 - 12- The Director of Public Works recommended the Council increase each of the three fees associated with tree removal, those being the administrative fee, the special assessment fee, and the capitalized interest charge. Under administrative fees, he recommended the fee be increased to $44 per tree and $22 for boulevard trees. In the category of special assessments, he recommended the fee be increased to $30. He recommended the capitalized interest charge be increased to $30 per tree. The Council concurred with these recommendations. RESOLUTION NO. 91 -119 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF TREE REMOVAL ACCOUNTS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Pedlar, and seconded by Councilmember Rosene to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:05 p.m. Deputy City Clerk Mayor Recorded and transcribed by: Ann J. Odden Northern Counties Secretarial Service 4/8/91 - 13 - CITY OF BROOKLYN CENTER Council Meeting Date 4 -22 -91 Agenda Item Numberzg�y u REQUEST FOR COUNCIL CONSIDERATION ************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: MAYORAL APPOINTMENTS DEPT. APPROVAL: Personnel Coordinator Signature - title MANAGER'S REVIEW/RECON MENDATION: No comments to supplement this report Comments below /attached SUMrVIARY EXPLANATION: (supplemental sheets attached ) Currently, there are three vacancies on the human rights and resources commission (HR &RC) and one vacancy on the Northwest Hennepin Human Services Council ( NWHHSC) advisory commission. We received one application for the HR &RC and three applications for the NWHHSC advisory commission. I spoke with all three applicants for the NWHHSC opening to determine whether or not they might consider serving on the HR &RC if they were not appointed to the NWHHSC advisory commission. Because of past experience with NWHHSC, Jerry Eiserman said he had a strong preference to serve on its advisory commission. Both Sharon Achtelik and Julie Eoloff expressed a willingness to serve on the HR &RC if they were not appointed to fill the NWHHSC vacancy. RECOMMENDED CITY COUNCIL ACTION: Approve the following appointments: NWHHSC Advisory Commission Jerry Eiserman Term expires: 12/31/92 HR &RC Sharon Achtelik Term expires: 12/31/93 Julie Eoloff Term expires: 12/31/93 to Kate Windsor Term expires: 12/31/92 APPLICATION FOR APPOINTMENT TO THE: NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S ADVISORY COMMISSION NAME: ��'�'E'`�( C t�l F `.Sc�r2m�✓ DATE: t _ ADDRESS: HOME TELEPHONE: �2 Y7 30 ZIP CODE: WORK TELEPHONE: M - &C6 I HAVE BEEN A RESIDENT OF THIS CITY FOR YEARS. I UNDERSTAND THE IMPORTANCE OF REGULAR ADVISORY COMMISSION MEETING ATTENDANCE AND PARTICIPATION. I FEEL I HAVE THE TIME AVAILABLE TO BE AN ACTIVE PARTICIPANT: YES: /K NO: PLEASE LIST PAST OR PRESENT CIVIC OR VOLUNTEER ORGANIZATION MEMBER- SHIPS, PARTICULARLY THOSE WHICH MAY RELEVANT TO THE APPOINTMENT YOU ARE SE /u�� s csC: 0 PLEASE, BRIEFLY, DESCRIBE OTHER QUALIFICATIONS, EXPERIENCE, EDUCATION, OR SPECIAL INTERESTS WHICH YOU WOULD LIKE THE CITY COUNCIL TO CONSIDER FOR THE APPOINTMENT YOU ARE SEEKING: �� •J �r�.. wn. i iL ry S , �rw z �2•t -�: AC ,; e i N/ QL tc)j> -�\ in _ 1 J PAR +�rt�x Los T k4le leAoW 6;,} t' " eC � :. e/?. J , PLEASE LIST ANY PARTICULAR HUMAN SERVICE ISSUES, NEEDS, OR PROBLEMS THAT YOU FEEL STRONGLY ABbUT: � 412 � t P� L c e 9 �e :. . e 5 " e ' W r 5A 1 An •� c !zu Ir BRIEFLY,, WHY DO YOU WANT TO SERVE ON THE NWHHSC ADVISORY COMMISSI / {/� l ` / - T Yr 1 IL' L' J /c� S: h s✓ 7 �Y C/C (. eS /CN" � /Y �G v [C / r�" L z IF I AM AP'= OINTED, I AGRE= TO A:S_LCR�'_c THE SHARING CF THE INFORMATION ON THIS SHEET WITH THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL. YES: SI • / .,(,s SUBMIT TC: ��I ;'t HA �U to 30/ Slul� APPLICATION FOR APPOINTMENT TO THE: NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S ADVISORY COMMISSION NAME: Sharon Achtelik DATE: 3/7/91 ADDRESS: 3213 Thurber Road Brooklyn Center MN. HOME TELEPHONE: 566 -1914 ZIP CODE: 55429 WORK TELEPHONE: 566 -6010 I HAVE BEEN A RESIDENT OF THIS CITY FOR 13.5 YEARS. I UNDERSTAND THE IMPORTANCE OF REGULAR ADVISORY COMMISSION MEETING ATTENDANCE AND PARTICIPATION. I FEEL I HAVE THE TIME AVAILABLE TO BE AN ACTIVE PARTICIPANT: YES: X NO: PLEASE LIST PAST OR PRESENT CIVIC OR VOLUNTEER ORGANIZATION MEMBER- SHIPS, PARTICULARLY THOSE WHICH MAY RELEVANT TO THE APPOINTMENT YOU ARE SEEKING: MInneso &.He Co. Association For Retarted Citizens, Pacer Cente Girl Sco Leader & School Organizer, Cub Scout Pack Treas. Boy Scout T roop Sec. School Nurse Mom. PLEASE, BRIEFLY, DESCRIBE OTHER QUALIFICATIONS, EXPERIENCE, EDUCATION, OR SPECIAL INTERESTS WHICH YOU WOULD LIKE THE CITY COUNCIL TO CONSIDER FOR THE APPOINTMENT YOU ARE SEEKING: Real Estate Agent, GRI, Senior Specialist (housing needs for Sen iors) Advocate for many different Human Rights & Services. Mother of 5 Childr *I have had p er s onal experiences in regards to many Human Service Issues * SEE LIST BELOW PLEASE LIST ANY PARTICULAR HUMAN SERVICE ISSUES, NEEDS, OR PROBLEMS THAT YOU FEEL STRONGLY ABOUT: Family S ervices, Family & Child Abuse, Developmental Disabilities, Phys Disabilities, Housing, Aging, Children & Youth. BRIEFLY, WHY DO YOU WANT TO SERVE ON THE NWHHSC ADVISORY COMMISSION? Because I feel so strongly about Human Services an Human Rights Issues, I would like to h elp give back to the community I live in. I have stro background in several areas and I am out in the community and have seen many needs in several of these areas. IF I AM APPOINTED, I AGREE TO AUTHORIZE THE SHARING OF THE INFORMATION ON THIS SHEET WITH THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL. YES: X NO: ftr( Tcom . / J SUBMIT TC: CI r( HALL 630 f %u " Cr�efc - 6roo Uum &*r; M111 SS 3 APPLICATION FOR APPOINTMENT TO THE: NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL'S ADVISORY COMMISSION NAME: DATE: 31 F ADDRESS: 601s r HOME TELEPHONE: SSG -2`7%3 ZIP CODE: "530 WORK TELEPHONE: I HAVE BEEN A RESIDENT OF THIS CITY FOR 4 1 YEARS. I UNDERSTAND THE IMPORTANCE OF REGULAR ADVISORY COMMISSION MEETING ATTENDANCE AND PARTICIPATION. I FEEL I HAVE THE TIME AVAILABLE TO BE AN ACTIVE PARTICIPANT: YES: NO: PLEAS LIST PAST OR PRESENT CIVIC OR VOLUNTEER ORGANIZATION MEMBER- SHIPS, PARTICULARLY THOSE WHICH MAY RELEVANT TO THE APPOINTMENT YOU ARE SEEKING: PLE S�R ET1 FLY, ESCRIBE OT• ER QUALIF ATIONS, ERPERIENCE, EDUCATIONAL OR SPECIAL INTERESTS WHICH YOU WOULD LIKE THE CITY COUNCIL TO CONSIDER FOR THE APPOINTMENT YOU ARE SEEKING: .2 S . PLEASE LIST AY PARTICULAR HUMAN SERVICE ISSUES, EEDS, OR P OR BLEMS T YOU FEEL STRONGLY ABOUT: BRIEFLY, WHY D YOU WAN TO SE E ON TH E N HHS D ISORI'vCOM�ION? ✓� �-s+ ez� IF �AMOINT I AGREO O AIVfKORIZE� THE SHARING OF THE INFORMATION ON THIS SHEET WITH THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL. YES: NO: lea yvrT dd Pau(W SIGNATURE: SUBMIT TC: i- HALL 630( St�.nglcLr�CKfarkua; - Braoklun Gert�e�', IYU/ 5��f � APPLICATION [APPLCOMM] FOR APPOINTMENT TO THE BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION i Name Lt Yl L A Address JG LcL71Carl �� Li ,� � � `C� Y� (en�6 Street �j Zip Code Telephone Home J C� -7 55 Work Occupation 11 �n ��� C���L� �1 � 'yL � Years lived in Brooklyn Center I have read the Human Rights and Resources Commission Enabling Resolutions (Resolution Nos. 68 -44, 69 -35, 71 -211, 74 -68, and 87 -132), which defines the purpose, authority, and responsibility of the Brooklyn Center Human Rights and Resources Commission. Yes No Comments I understand the importance of regular Commission meeting attendance and participation and feel I have the time available to be an active participant. Yes No Comments Additional comments on my interest, experience, background, ideas, etc. 1491 Signature Date Submit to: Mayor Todd Paulson City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 CITY OF BROOKLYN CENTER Council Meeting Date 4 -22 -911 Ag.W. It rn Number� 0 --- • REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PROCLAMATION DECLARING APRIL 26, 1991, AS EUGENE H. HAGEL DAY DEPT. APPROVAL: Personnel Coordinator Signature - title MANAGER'S REVIEW/RECONEMENDATION: No comments to supplement this report Comments below /attached SU11✓IlVIARY EXPLANATION: (supplemental sheets attached ) The city council recently approved the recommendation from the park and recreation commission to name the Arboretum as the Eugene H. Hagel Arboretum after the City's former parks and recreation director. The Arboretum will be dedicated in a ceremony on location (at 61st and Lee Avenue North) on April 26, 1991, at 1:30 p.m. Entertainment will be provided by Orchard Lane Elementary School. The mayor and council members are encouraged to attend. Attached is a proclamation declaring Eugene H. Hagel Day in Brooklyn Center which will be presented to Mr. Hagel at the dedication. RECOMMENDED CITY COUNCIL ACTION: Approve a Proclamation Declaring April 26, 1991, as Eugene H. Hagel Day. PROCLAMATION DECLARING APRIL 26, 1991, AS EUGENE H. HAGEL DAY WHEREAS, Eugene H. Hagel served the City of Brooklyn Center for 28 years, first as Director of Parks beginning in 1957, and eventually as Director of Parks and Recreation until his retirement in 1985; and WHEREAS, during his tenure, Eugene H. Hagel played an instrumental role in the development of the Brooklyn Center parks system, which began with a one and three - quarter acre weed patch in 1957 and now boasts 522 acres of park property developed to serve a wide variety of recreational interests, plus a 20 acre golf course; and WHEREAS, along with the development of the parks system, Eugene H. Hagel launched an activities program with something for every age and season which remains as one of the most covetous programs in the State; and WHEREAS, in honor of his endless dedication and limitless contributions to the City of Brooklyn Center, the Arboretum in Brooklyn Center will be named the Eugene H. Hagel Arboretum on April 26, 1991; and WHEREAS, the City of Brooklyn Center wishes to express its pride and thanks to Eugene H. Hagel. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, do hereby proclaim Friday, April 26, 1991, as Eugene H. Hagel Day in Brooklyn Center and call upon all of the citizens of Brooklyn Center to recognize his efforts in the development of the Brooklyn Center arks and recreation system. P Y Date Todd Paulson, Mayor ATTEST: Deputy Clerk Seal CITY OF BROOKLYN CENTER Coamcd Mating Date 4- n -9I Agenda Item Numbcr ZI[.t / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING ANIMALS DEPT. APPROVAL: Personnel Coordinator Signature - ti tie MANAGER'S REVIEW/RECOMAMNDATION: No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) The attached ordinance amendment was prepared in response to the city council's concern about the process used for approving kennel licenses. The amendment continues to require that all commercial kennel licenses be approved by the city council. With regard to private kennel licenses, however, the city manager would be given the authority to approve these. Owners would have an opportunity to appeal the city manager's action to the city council. The city council would retain the ability to revoke both commercial and private kennel licenses. RECOMMENDED CITY COUNCIL ACTION: Approve for a first reading An Ordinance Amending Chapter 1 of the City Ordinances Regarding Animals. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 19 , at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 1 regarding animals. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 OF THE CITY ORDINANCES REGARDING ANIMALS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 1 -105. APPLICATION PROCEDURES AND ISSUANCE OF LICENSES. 4. Application for [Private Kennel License orl Commercial Kennel License. a. Initial application for [a private kennel license or] a commercial kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. b. [5.] Hearing Required. A commercial kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Council on the adequacy thereof. Applications for [private kennel license and] commercial kennel license shall be placed on the agenda of the City Council for a public hearing at the regular City Council meeting next following 14 days after the application is received. Not less than seven (7) days before the date of the public hearing, the City Clerk shall mail notice of the hearing to the applicant and to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. c. [6.] Council Approval. The City Council may approve the [private kennel license or] commercial kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Council may deny [a private kennel license or] a commercial kennel license upon finding that the establishment of the kennel would constitute a public nuisance, or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be the resolution of approval, a certified copy of which shall be forwarded to the applicant. d. [7.] Renewal of License. A copy of the [private kennel license or] commercial kennel license shall be forwarded to the [Director of Planning and Inspection] City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Council, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Council, the license shall be renewable as set forth in this subdivision. e. [8.] License Revocation. In the event a complaint has been received by City officials, a report thereof shall be made to the City Council by the [Director of Planning and Inspection] City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance, Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. 5. Application for Private Kennel License. a. Initial application for a private kennel license shall be made to the City Clerk. The application shall state the name and address of the applicant, the property address or legal description of the proposed kennel location, a sketch or drawing of the proposed kennel describing construction, operation, and the approximate number of animals to be confined therein, together with their age, breed, and sex, and together with the applicable license fee. Not less than seven (7) days after receipt of the application for a private kennel license, the City Clerk shall mail notice of the license application to the owners of property within 150 feet of the proposed kennel location. The failure of any owner to receive such notice shall not invalidate the proceedings. b. Consideration Process. A private kennel license application shall be referred to the Public Health Sanitarian who shall review the kennel design and operation and make a recommendation to the City Manager on the adequacy thereof. Within fourteen (14) days after the notice of application is mailed to area property owners, the City Manager or the City Manager's designee shall review the Public Health Sanitarian's report, consider written comments by the applicant and any other affected persons, and either approve or dew the application. Within fourteen (14) days after the notice of the City Manager's decision is mailed to area property owners, the owner or any other affected person then may request a hearing before the City Council to show cause wh y the decision should be changed. A written request for the hearing must be received by the City Manager within such fourteen (14) days. Following the public hearing, the City Council shall render a final decision reversing, affirming, or amending the decision of the City Manager. C. Standards for Approval. The City Manager may approve the private kennel license and may attach to such approval any conditions necessary to insure compliance with this ordinance, with Chapter 19 of the City Ordinances, and any other condition necessary to protect the health, safety, welfare, and property values in the immediate area. The City Manager may deny a Private kennel license upon finding that the establishment of the kennel would constitute a public nuisance or would adversely affect the health, safety, welfare or property values of the person residing, living, or owning property within the immediate area. The form of approval for a license shall be a memorandum of approval from the City Manager outlining any conditions necessary to insure compliance. d. Renewal of License. A cop, of the private kennel license shall be forwarded to the City Clerk who shall maintain a register of kennel licenses. Subject to any time limitation set by the City Manager, the license shall be valid for a period of one year and until October 1 of the then current calendar year and shall be renewable on October 1 of each year thereafter by the City Clerk upon payment of a renewal license fee set forth by City Council resolution, only in the event no complaint regarding_ the kennel's operation has been received during the license year. In the event that no revocation of the license is made or contemplated by the City Manager, the license shall be renewable as set forth in this subdivision. e. License Revocation. In the event a complaint has been received by officials, a report thereof shall be made to the City Council by the City Clerk and the City Council may direct the applicant to appear to show cause why the license should not be revoked. A license may be revoked for violation of this ordinance. Chapter 19 of the Brooklyn Center Ordinances, or any condition imposed at the time of issuance. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council meeting Date 4/22/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning Designation of Certain Land ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: F 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 February 25, 1991 the City Council adopted Resolution No. 91 -63 which approved Planning Commission Application No. 90028 submitted by Twin View Development, Inc. which was a request for a rezoning from I -2 (General Industry) to Planned Unit Development /R1 (One Family Residential) and 0-1 (Public Open Space) of an approximate 17.5 acre tract of land lying westerly of France Avenue North and south of the existing 51st Avenue North right -of -way. The City Council also approved Planning Commission Application No. 90029 submitted by Twin View Development, Inc. which was a request for preliminary plat approval to subdivide said property into 25 single - family lots and two outlots. As part of this process, the City Council must adopt a housekeeping type of ordinance amendment which describes the land being rezoned under its new zoning designation. This description is based on the new legal description contained in the plat. Such an ordinance amendment was given a first reading by the City Council on March 25, 1991. The ordinance amendment describes the area which includes the 25 single- family lots under the zoning designation PUD /R1. Outlot A, which has been rezoned to Public Open Space is now described under the Public Open Space District (O -1). Finally, the area designated as Outlot B on the plat would remain in its current I -2 zoning designation. Attached is a copy of the plat highlighting the areas and their zoning designations. • Summary Explanation Page 2 April 22, 1991 Recommendation The second reading and public hearing for this ordinance are scheduled for April 11, 1991. The final plat is also being offered for approval by the Council on April 22. It is recommended that the Council hold the public hearing which is scheduled and close that hearing if it feels this would be appropriate. However, we do not recommend adoption of this ordinance until we have proof that the plat has been filed with the County. There are some matters that will need to be taken care of before the Engineering Department will release the plat for filing. It is anticipated that this can all be accomplished before the next City Council meeting, at which time the ordinance amendment can be brought back for adoption. • 11b CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22nd day of April 1991 at 7:30 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 call 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 -1210. GENERAL INDUSTRY DISTRICT (I -2). The following properties are hereby established as being within the (I- 2) General Industry District zoning classification: That part of Government Lot 2, Section 10, bounded by the following: [the north line of Government Lot 2 on the north] the south line of Block 2, Twin View Meadows on the north; France Avenue on the east; the northerly right -of -way line of the Minneapolis, St. Paul and Sault Ste. Marie Railroad on the south; [a straight line extension of a line drawn 615 west of the east line of Tract D, Registered Land Survey No. 235] Outlot B, Twin View Meadows, on the west. Outlot B, Twin View Meadows. Section 35 -1220. PUBLIC OPEN SPACE DISTRICT (0 -1) . The following properties are hereby established as being within the (0 -1) Public Open Space District zoning classification: Outlot A, Twin View Meadows. 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: 1. The following properties are designated as PUD /R1 (Planned Unit Development /one Family Residential): ORDINANCE NO. Lots 1 through 12 Block 1, and Lots 1 through 13, Block 2, Twin View Meadows. Section 2. This ordinance shall become effective upon adoption and thirty (30) days following its legal publication. Adopted this day of , 1991. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) 3 D :IJ N � � N rwiN VIEW MF,aD ,� w PUD /Rl D Q- \ 12 11 10 9 a 7 6 5 4 3 2 1 w OUTLOT A - � 61ST AVENUE NORTH n u1 \ 0 -1 13.12 11 10 8 8 7 b 4 3 2 1 Q 2 u. I -2 OUTLOT B N r CITY OF BROOKLYN CENTER Council Meeting Date 4/22/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Approving the Development Agreement for Twin View Meadows DEPT. APPROVA 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 attache February 25, 1991 the City Council adopted Resolution No. 91 -63 which approved Planning Commission Application No. 90028 which was a request for approval of a Planned Unit Development (PUD) involving a rezoning of approximately 17.5 acres of I -2 (General Industry) zoned land to PUD /R1 (One Family Residential) and 01 (Public Open Space). The location of this tract of land is westerly of France Avenue North and southerly of the existing 51st Avenue North right -of -way. The City Council also approved Planning Commission Application No. 90029 on this same date which was a request for preliminary plat approval to subdivide said property into 25 single family lots and two outlots. Condition No. 8 of Council Resolution No. 91 -63 requires the execution of a development agreement between the applicant (Twin View Development, Inc.) and the City of Brooklyn Center relating to agreed upon conditions for the development of this project. Condition No. 3 of the approval of Planning Commission Application No. 90029 (preliminary plat) also required the applicant to enter into a subdivision agreement with the City outlining required public improvements, the payment of assessments and utility charges and time limits for completion of required public improvements within the area. These matters have been consolidated into one master agreement, known as the Development Agreement. The Development Agreement cites the City Council's approval of Resolution No. 91 -63 and approval of Application No. 90029; notes that the front yard setbacks for properties along the north side of 51st Avenue North may be 25'; notes that all lots within the Twin View Meadows shall be buildable; and notes that the developer agrees to comply with each and every condition, term and requirement set forth in said approvals. • SUMMARY EXPLANATION Page 2 In addition the Development Agreement contains four other significant items which are listed as exhibits in the document and include the legal description, subdivision agreement, performance agreement and declaration of covenants and restrictions. Legal Description (Exhibit 1) The legal description is the existing legal description of the property referred to in the agreement. Subdivision Agreement (Exhibit 2) The attached subdivision agreement between Twin View Development, Inc., developer of TWIN VIEW MEADOWS, and the City of Brooklyn Center details the conditions of development of improvements on public property. The following is a summary of the conditions of the subdivision agreement: 1) The Developer agrees to construct or have constructed at his cost all the improvements itemized in Exhibits to the Agreement. This work includes: constructing 51st Avenue North; extending water and sanitary sewer mains and services; constructing a storm drainage system which includes a • sedimentation pond; and constructing a bicycle /pedestrian trail on the south side of 51st Avenue. 2) A performance guarantee is required, in the amount of the City Engineer's estimate of the construction costs, plus estimated engineering, legal, administrative, and financing costs. This guarantee protects the City's interests not only in the event the Developer cannot obtain a contract for the improvements, but also if the improvements should not be constructed to City standards. 3) In the event the Developer does not complete the improvements within two years, the City Council may declare him in default, order construction of remaining improvements, and demand payment in accordance with the financial performance guarantee. 4) All construction plans, specifications, contracts, and contract amendments are subject to the approval of the City Engineer. 5) All improvements on public property remain the property and responsibility of the Developer until the City Engineer issues a certificate of completion and acceptance. At that time ownership and maintenance responsibility will transfer to the City. 6) The City will pay the Developer $10,500 for oversizing the storm drainage system, in anticipation of future needs in the area. This cost will be paid from the Storm Drainage Utility. • SUMMARY EXPLANATION Page 3 7) The City will pay the Developer $10,350 for trail construction costs. This cost will be paid from "local" state aid funds, account #2611. 8) The Developer is explicitly responsibility for the safety of the public on these construction sites. If the City Engineer considers traffic control inadequate, he will order necessary controls at the Developer's cost. 9) The Developer warrants all improvements for one year following acceptance by the City. 10) The Developer will pay all outstanding special assessments, both certified and pending, prior to plat release. 11) The Developer will pay a utility hookup charge for access by the property to the City water system. No sanitary sewer hookup fee is necessary as the property has already been assessed its fair share. 12) The Developer will pay the City $3,000 as advance payment for construction of curb and gutter on France Avenue. The City agrees not to assess the adjacent properties for this improvement at such future time as France Avenue is improved. 13) The City agrees to P urchase Outlots A and B for $52,000 for open space and possible future park use. Closing would occur after the Developer constructs improvements to the parcels and can deliver said parcels in substantially the same condition as existed on the date of the agreement. 14) The agreement explicitly holds the City, the Council, its agents, and employees harmless from any claims or demands by anyone regarding the improvements specified in the agreement. 15) Exhibit F of the agreement summarizes the financial commitments of both parties. Performance Agreement (Exhibit 3) The attached Performance Agreement is a modification of the standard performance agreement used by the Planning and Inspection Department to assure completion of approved site improvements on private property for typical development within Brooklyn Center. The agreement has been modified to meet the specific requirements of the Twin View Meadows development proposal and lists the conditions imposed by the City Council under Resolution No. 91 -63 and Application No. 90028. The completion date will be consistent with the subdivision agreement date, which is two years from the date of the agreement. The performance agreement notes a one year maintenance period for the provided improvements, requires a financial guarantee in an amount yet to be determined to assure completion of the site improvements. ® SUMMARY EXPLANATION Page 4 Finally, the performance agreement lists the term of the financial guarantee and sites the notice and remedies for breach should the City have to exercise its options to assure completion of the required site improvements. Declaration of Covenants and Restrictions (Exhibit 4) The Declaration of Covenants and Restrictions relates to the filing of various covenants with the property to bind said property to various agreements. The covenants include recitation of the front yard setback along the north side of 51st Avenue that all approved and platted lots are considered buildable lots not- withstanding any more restrictive lot size requirements and finally, that the use of all properties in Twin View Meadows shall conform in all other respects to the ordinances of the City of Brooklyn Center. Recommendation The Development Agreement including all of its various subparts has been extensively reviewed by the City staff, the City Attorney and the developer and appears to be in order. It is, therefore, recommended that the City Council adopt the resolution approving the Development Agreement for the Twin View Development proposal. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING DEVELOPMENT AGREEMENT FOR TWIN VIEW MEADOWS SUBDIVISION AND AUTHORIZING AND DIRECTING ITS EXECUTION WHEREAS, Twin View Development, Inc. (hereinafter called "Developer ") has applied to the City for subdivision, rezoning, and site plan approval for a residential subdivision in the City; and WHEREAS, the City Council has given preliminary approval to such applications subject to certain conditions and restrictions including the requirement that the Developer execute a development agreement to assure performance by Developer of its obligations to comply with such conditions and restrictions; and WHEREAS, the Developer has submitted a proposal development agreement entitled DEVELOPMENT AGREEMENT TWIN VIEW MEADOWS, together with exhibits thereto (hereinafter collectively referred to as the "Development Agreement") for consideration by the City Council, a copy of which is on file with the Director of Public Works; and WHEREAS, the City Council has determined that execution of the Development Agreement is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota that: 1. The Development Agreement is hereby approved and that the Mayor and City Manager are authorized and directed to execute the Development Agreement and exhibits thereto, and to take such additional or further action as may be necessary to assure compliance therewith. 2. The appropriations for the costs to the City as detailed in the Agreement are as follows: MSA 2611 $26,350 (trails) Storm Drainage Utility $36,500 (storm sewer, % Outlot A) Capital Projects Fund $26,000 (2 Outlot A) 3. The advance payment for curb and gutter installation on France Avenue as detailed in the Agreement shall be deposited in MSA Account 2611. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. DEVELOPMENT AGREEMENT TWIN VIEW MEADOWS THIS AGREEMENT made and entered into this day of 1991 by and between TWIN VIEW DEVELOPMENT, INC., a Minnesota corporation, (hereinafter referred to as "Developer ") and the CITY OF BROOKLYN CENTER, a Minnesota Municipal corporation (hereinafter referred to as "City "); WHEREAS, Developer has applied to City for subdivision, rezoning and site plan approval for a residential subdivision on property legally described in Exhibit One, attached hereto and hereby made a part hereof, and referred to as the TWIN VIEW MEADOWS (hereinafter sometimes referred to as the "Subject Property "); and WHEREAS, the City Council has approved such application subject to certain requirements, conditions and restrictions all as set forth in resolutions approving such applications and in this Agreement and the Exhibits attached hereto, all of which requirements, conditions and restrictions are agreed to by Developer; NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, it is agreed as follows. 1. The City has approved the rezoning of TWIN VIEW MEADOWS from General Industry (I -2) to Planned Unit Development Residential (PUD R -1) by Resolution No. 91 -63, adopted on February 25, 1991 (Planning Commission application no. 90028). 2. The City has given preliminary plat approval for the TWIN VIEW MEADOWS (Planning Commission application no. 90029) on February 25, 1991. 3. Upon completion of all conditions stated in the approval of Planning Commission application no. 90029, the City will give final plat approval to TWIN VIEW MEADOWS. 4. The City agrees that front yard setbacks for properties along the North side of 51st Avenue in TWIN VIEW MEADOWS shall be 25 feet, unless setback standards for such parcels are changed by amendment to the zoning ordinances of the City applicable to the PUD R -1 zone for TWIN VIEW MEADOWS, duly adopted by ordinance of the City Council of the City of Brooklyn Center. The City further agrees that all approved and platted lots in TWIN VIEW MEADOWS shall be buildable lots notwithstanding any more restrictive lot size requirement in the subdivision regulations or zoning code of the City to the contrary unless minimum lot size requirements are changed by amendment to the subdivision regulations or.zoning ordinances 2 of the City applicable to the PUD R -1 zone for TWIN VIEW MEADOWS, duly adopted by ordinance of the City Council of Brooklyn Center. Except as specifically provided in this Section 4, the development and use of all properties in TWIN VIEW MEADOWS shall conform in all respects to the ordinances of the City of Brooklyn Center, the development plan submitted in connection with Planning Commission applications 90028 and 90029, Resolution No. 91 -63, and the terms of Exhibits Two, Three and Four attached hereto. 5. Developer agrees to comply with each and every condition, term, and requirement set forth in Resolution No. 91 -63, and to construct the proposed development in accordance with all development plans submitted in connection with Planning Comission application nos. 90028 and 90029. 6. Developer agrees to execute, deliver, and comply with the terms of the Subdivision Agreement, attached hereto as Exhibit Two and hereby made a part hereof. 7. Developer agrees to execute, deliver, and comply with the terms of the Performance Agreement, attached hereto as Exhibit Three and hereby made a part hereof. 8. Developer agrees to execute and deliver and comply with the terms of the Declaration of Covenants, Conditions and Restrictions, attached hereto as Exhibit Four and hereby made a part hereof (hereinafter referred to as the "Declaration "). Developer agrees to the filing of record of said Declaration and agrees that at the time of executing and filing of record of said Declaration it will have full power and authority to execute said Declaration and to bind all property in the approved plat of TWIN VIEW MEADOWS to compliance therewith, and that said Declaration shall run with the land and shall bind the Developer, its successors, heirs, and assigns. Developer further agrees to execute any additional documents and to do any other reasonable acts requested by the City and necessary to accomplish the filing of the Declaration of record. THE CITY OF BROOKLYN CENTER By Its Mayor And By Its City Manager THE DEVELOPER - TWIN VIEW DEVELOPMENT INC. By Its And By Its 3 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing Instrument was acknowledged before me this day of ' 1991, by Todd Paulson and G. G. Splinter, respectively, the Mayor and City Manager of Brooklyn Center, a Minnesota municipal corporation , on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing Instrument was acknowledged before me this day of 1991, by and respectively, the and of a Minnesota on behalf of the Notary Public This document was prepared by: Holmes & Graven, Chartered EXHIBIT ONE LEGAL DESCRIPTION - TWIN VIEW MEADOWS All that part of the North Half of Government Lot 2, in Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota, lying northeasterly of the Soo Line Railroad (formerly known as the Minneapolis, St. Paul & Saulte Ste. Marie Railroad Company) right -of -way; EXCEPTING THEREFROM: All that part thereof lying North of a line drawn from a point where the southeasterly line of Lake Drive, extended Southwest, intersects the north line of said Government Lot 2; thence continuing along said extended line distant 11.95 feet; thence Westerly 423.58 feet to a point 20 feet South of the north line of said Government Lot 2; thence Northwesterly 100 feet to a point on said north line distant 527.98 feet West of the point of beginning; thence West along said north line distant 300 feet; thence South at right angles 50 feet; thence West at right angles 100 feet; thence North at right angles 50 feet and there terminating; and EXCEPTING THEREFROM: A parcel of land comprising all that part of the North Half of Government Lot 2, in Section 10, Township 118, Range 21 West, Hennepin County, Minnesota, bounded and described as follows: Commencing at the northeast corner of said Government Lot 2; thence South along the east line of said Government Lot 2 a distance of 668.83 feet to the southeast corner of said North Half of Government Lot 2 and to the point of beginning of the parcel of land to be described; thence North 88 degrees 13 minutes West along the south line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the east line of said Government Lot 2 a distance of 308.15 feet; thence Easterly along a line running parallel with said south line of the North Half of Government Lot 2 to a point of intersection with said east line of said Government Lot 2 which point is 308.15 feet North of said point of beginning as measured along said east line; thence South along said east line of Government Lot 2 to the oint o p f beginning, and EXCEPTING THEREFROM: The East 2 rods (33 feet) thereof, as measured at right angles from the East line of said Government Lot 2. 0 EXHIBIT TWO SUBDIVISION AGREEMENT THIS AGREEMENT, Made and entered into this day of 19 , by and between TWIN VIEW DEVELOPMENT INC, a Minnesota corporation, hereinafter called the "Developer ", and the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation, hereinafter called the "City ", WHEREAS, the Developer of property located in the north half of Government Lot 2, Section 10, Township 118, Range 21, in the City of Brooklyn Center, Hennepin County, State of Minnesota, more fully described in Exhibit A, wishes to resubdivide the property as part of a new plat to be k=,. as TWIN VIEW MEADOWS, hereinafter called the "Subdivision ", and in consideration of the approval thereof by the City is willing to execute this agreement; and WHEREAS, Section 15 -109 of the Brooklyn Center City Ordinances requires the Developer to enter into agreement with the City to provide for the construction of improvements required to provide service to the Subdivision, and to provide for a method of payment for such improvements: NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DIVISION 1 - APPLICATION OF THIS AGREEMENT 1.1 The provisions of this agreement shall apply to all portions of the Subdivision. All references to portions or tracts within the Subdivision shall be deemed to apply to all portions or tracts of the Subdivision, unless the context in which such reference is used clearly indicates it applies to only specified portions or tracts. 1.2 The provisions of this agreement shall run with the land and shall bind the Developer, its heirs, executors, successors, and assigns. DIVISION 2 - IMPROVEMENTS TO BE MADE BY DEVELOPER 2.1 The Developer hereby agrees to construct, or have constructed, at its cost, those improvements itemized in Exhibit B, attached hereto and by this reference made a part hereof. All work of the improvements shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from . approved plans and specifications will be permitted unless approved in :ariti-ng be the City Engineer. All proposed contractors for the project shall be approved by the City Engineer, which approval shall not be unreasonably withheld. The Developer, through its engineer, shall provide all staking, surveying, and resident inspection for the above described improvements in order to insure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be notified of all tests to be performed. It is agreed that the estimated cost of such improvements including charges of the City for legal, planning, and engineering services, including inspection, supervision and administration costs, shall be included in the total cost of all improvements for purposes of computing the amount of the surety bond or other security to be furnished to the City by the Developer pursuant to the terms of this agreement. In case any material or labor supplied by the Developer shall be rejected by the City Engineer or his designated representative as defective or unsuitable, then such rejected material shall be removed and replaced with approved material and the rejected labor shall be done anew to the specifications and approval of the City Engineer and at the sole cost and expense of the Developer. It is distinctly understood and agreed that all work covered by contract shall be done at no expense to the City of Brooklyn Center except as may be provided in any Special Conditions attached hereto and made a part hereof. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and Special Conditions of this agreement, for which reimbursement is expected from the City, unless such work is first ordered in writing by the City Engineer as provided in this agreement. Any such work or materials which may be done or furnished by the Developer or contractor without such written order first being given shall be at his own risk, cost, and expense, and it is hereby agreed that without such written order the Developer or contractor will make no claim for compensation for work or materials so done or furnished. 2.2 The Developer will also be required to enter into a financial performance agreement to assure construction of improvements described in Exhibit B, and provide a financial performance guaranty to assure that all 3 improvements itemized in Exhibit B will be constructed, developed, and maintained in conformance with the plans, specifications, and standards as approved by the City and as required by the City's zoning and platting ordinances, as approved by the City Council on February 25, 1991 through Planning Commission Application No. 90028, and as subsequently approved by the City Engineer. The Developer, in executing and providing said financial performance agreement and guaranty, acknowledges the conditions under which said guaranty has been provided and will be released. 2.3 In the event the Developer has not completed those improvements as itemized in Exhibit B within two (2) years of the date of this agreement, the City may declare the Developer to be in default of this agreement and may proceed to construct such improvements and to demand payment in accordance with the terms of the financial performance guarantee required under the terms of this agreement. 2.4 The Developer agrees that all construction plans and specifications for the improvements itemized in Exhibit B are subject to review and approval of the City Engineer, prior to bid taking. Copies of all bids, change orders, suppliers, and subcontractors, etc., shall be forwarded to the City Engineer for the City's files. All contract amendments resulting in amendment of plans or specifications are subject to review and approval of the City Engineer. 2.5 The Developer shall install the water main and services and the sanitary sewer main and services shown on attached Exhibit C. Installation shall be subject to inspection by and approval of the City Engineer. 2.6 The Developer shall install the storm drainage system shown on attached Exhibit C. The Developer shall obtain the necessary permits and approvals from the City, the Shingle Creek Watershed Management Commission, and the United States Corps of Engineers prior to installation. The City agrees to pay the Developer, on completion and acceptance, the sum of Ten Thousand Five Hundred Dollars ($10,500.00) for construction of a portion of said storm drainage system to function at a capacity greater than that required by the Subdivision. Installation shall be subject to inspection by and approval of the City Engineer. 2.7 Water mains, sanitary sewer mains and the storm water drainage system within the Subdivision shall remain the property and responsibility of the developer until such time as the City Engineer issues a certificate of ! 4 completion and acceptance, at which time the City shall accept ownership and maintenance responsibility for ever after. As a condition of certificate issuance, the Developer shall provide for the City Engineer's review and approval a full set of as -built mylar reproducible plans for City records. These plans shall accurately depict the locations and elevations of, where applicable, said mains, service lines at least to the property line, storm drainage system, and other appurtenances, including but not limited to sanitary sewer wyes, curb stops, catch basin and manhole inverts, and service depths. 2.8 The Developer shall construct 51st Avenue North including grading, base course aggregate, concrete curb and gutter, bituminous paving, and boulevard grading. All work shall conform to the approved plans shown on attached Exhibit C. Construction shall be subject to inspection by and approval of the City Engineer. Said roadway shall remain the property and responsibility of the developer until such time as the City Engineer issues a certificate of completion and acceptance, at which time the City shall accept ownership and maintenance responsibility for ever after. 2.9 The Developer agrees to construct along the south side of the proposed 51st Avenue North a ten (10) foot wide bituminous bicycle /pedestrian trail. The City agrees to pay the Developer, on completion and acceptance, a sum of Ten Thousand Three Hundred Fifty Dollars ($10,350.00) for construction of said trailway. All work shall conform to the approved plans shown on attached Exhibit C. Construction shall be subject to inspection by and approval of the City Engineer. Said trailway shall remain the property and responsibility of the developer until such time as the City Engineer issues a certificate of completion and acceptance, at which time the City shall make payment to the Developer and accept ownership and maintenance responsibility for ever after. 2.10 The Developer shall provide and install to City specifications signage including but not limited to a Stop sign and a street name sign at the intersection of 51st Avenue North with France Avenue North, and a street name sign at the intersection of 51st Avenue North with East Twin Lake Boulevard. 2.11 The Developer shall be responsible for the safety of the public on any construction site associated with this Subdivision. All excavations shall be properly barricaded at all times. Traffic control shall be provided S in accordance with the most current version of "Appendix B" of the Minnesota Department of Transportation's "Minnesota Manual on Uniform Traffic Control Devices." However, compliance with h such standards shall not serve to release the Developer from responsibility for any damages arising from failure to exercise reasonable care to protect the public at any time under the circumstances then prevailing. If at any time the City Engineer deems traffic control not in compliance with said regulations, or deems additional traffic control is necessary, he may order the necessary controls installed at the Developer's cost. Responsibility for the public safety shall remain with the Developer until construction and installation of improvements have been approved and accepted by the City. 2.12 Prior to acceptance of any work, the City Engineer must be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications, and the Developer shall provide any evidence thereof requested by the City Engineer, which evidence shall include at least a written statement attesting to the same. Upon completion of the work, the Developer and /or its contractor shall furnish the City a one year maintenance bond guaranteeing said work to the City. 2.13 The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from travelling on same and directing attention to detours. If and when streets become impassible, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping the streets clear of dirt and debris that may spill or wash onto the street as a result of his operation. The Developer may request, in writing, that the City keep the street open during the winter months by plowing snow from said street prior to final acceptance of said street. The City shall not be responsible for reshaping said street because of snow plowing operations. If the City is so requested, providing snow plowing service does not constitute final acceptance of said street. 2.14 Any language to the contrary notwithstanding, issuance of a certificate of completion and acceptance, and acceptance of ownership and P P o maintenance responsibility by the City shall not relieve Developer of responsibility for construction of improvements later discovered by the City not to have been constructed in accordance with approved plans and specifications, not to have been constructed in the best and most workmanlike manner, or not to have material defects in materials or workmanship. Developer warrants all materials and workmanship to be free of defects for a period of one year following acceptance by the City. 2.15 Upon acceptance of ownership by the City, Developer shall be deemed to have conveyed and assigned all interest in the improvements described in Exhibit B to the City without further action on the part of Developer. Developer agrees that at the time of such conveyance and assignment it shall have good and marketable title therein, subject only to the rights of the City, and shall be free of all liens and encumbrances. Developer shall execute and deliver to the City any documents required to accomplish the purposes of this paragraph. DIVISION 3 - UNPAID CURRENT ASSESSMENTS 3.1 That Exhibit D, attached hereto, summarizes the unpaid portions of current special assessments which have been levied against the Subdivision for improvement projects previously completed by the City, and also the assessments pending levy. The Developer hereby acknowledges that the special benefits received from these projects exceed the amount of the assessments. The owner hereby agrees to pay such assessments in full, with simple interest from the date of payment to December 31, 1991 added to the current certified assessments, prior to release of the plat for recording. DIVISION 4 - UTILITY CONNECTIONS AND HOOKUP CHARGES 4.1 That Exhibit E, attached hereto, summarizes the utility access charges which will be made to the various tracts within the Subdivision. The Developer hereby acknowledges the reasonableness and legality of such charges and agrees to be responsible for the payment thereof as detailed in Exhibit B. DIVISION 5 - OTHER RESPONSIBILITIES OF THE DEVELOPER 5.1 The Developer shall pay SAC charges as determined b y the Metropolitan Waste Control Commission. 7 5.2 The Developer agrees to pay to the City a CASH payment of Three Thousand Dollars ($3,000.00) for the future construction of concrete curb and gutter along the Subdivision's frontage on France Avenue North. Payment shall be made prior to the issuance of any building permits for the Subdivision or issuance of any certificates of completion for the improvements. The City agrees that this frontage will not be specially assessed for concrete curb and gutter at such time as France Avenue is improved. DIVISION 6 - CONVEYANCE OF PROPERTY 6.1 The Developer agrees to convey to the City by warranty deed good and marketable title the portion of the subdivision described as Outlot A for the sum of Fifty -Two Thousand Dollars ($52,000.00) in cash at closing. As a condition of purchase by the City, Developer and its contractors and subcontractors shall at all times minimize disturbance to said property. The Developer agrees to deliver possession of said property with all improvements specified in Exhibit B complete and accepted, and except for said improvements in substantially the same condition as existed on the date of this Agreement. 6.2 The Developer agrees to convey to the City by warranty deed good and marketable title the portion of the subdivision described as Outlot B for the sum of One Dollar ($1.00) in cash at closing. As a condition of purchase by the City, Developer and its contractors and subcontractors shall at all times minimize disturbance to said property. The Developer agrees to deliver possession of said property in substantially the same condition as existed on the date of this Agreement. 6.3 Closing on the sales described in paragraphs 6.1 and 6.2 shall occur upon completion and acceptance of all improvements itemized in Exhibit B or at any earlier date specified by the City provided such date is not earlier than filing of the plat of the Subdivision with the County Recorder. 6.4 Prior to closing the Developer shall provide the City with up to date abstracts of title, registered property abstracts, or title insurance for the parcels described in paragraphs 6.1 and 6.2. 6.5 Prior to closing the Developer shall complete all site improvements to the parcels described in paragraphs 6.1 and 6.2 including any grading, sodding, seeding and landscaping required by the City, and all debris and diseased trees shall be removed from the sites. 8 6.6 Closing shall be held at Brooklyn Center City Hall. DIVISION 7 - FINANCIAL GUARANTEE 7.1 Developer shall provide to the City performance and payment bonds or other financial guaranty in a form acceptable to the City in at least the amount specified in Exhibit B. 7.2 Such financial guaranty shall guarantee performance of this Agreement including, but not limited to, construction of the improvements listed in Exhibit B, payment of all persons furnishing labor or materials, and payment of all legal, fiscal, engineering, surveying and administration expenses of the City. 7.3 The financial guaranty may be reduced from time to time upon written application of the Developer, recommendation by the City Engineer, and approval of the City Council, based upon the value of completed improvements at the time of the requested reduction. Such requests shall be in a form approved by the City Engineer and shall include any information requested by the City Engineer. No such request shall be approved which reduces the amount of the guaranty remaining to less than either $50,000 or 150 percent of the City Engineer's estimate of the cost which would be incurred by the City to complete the improvements as of the time of application. The financial guaranty shall be released by the City Council following completion of all improvements and acceptance thereof by the City Engineer. DIVISION 8 - MISCELLANEOUS PROVISIONS 8.1 The financial commitments of the Developer and the City for the provisions of this agreement are generally summarized in Exhibit F. 8.2 The Developer agrees to pay to the City reasonable legal, engineering, and administrative fees, to be fixed by the court, in the event that suit or action is brought to enforce the terms of this agreement. 8.3 The following exhibit, attached hereto, is made a part hereof by this reference: Exhibit G - proposed plat (Planning Commission Application No. 90029) 8.4 In the event of presently unforeseen circumstances brought about by causes beyond the control of the Developer or the City, which makes the development of the Subdivision impractical or impossible prior to the 9 expenditure of any monies by the City for any of the provisions herein, this agreement may be voided. A majority vote of the City Council shall be required for recognition that such unforeseen circumstances in fact exist. Such action to void this agreement shall not be taken if, in the judgement of the Council, irreparable damage to the City and the public interest would result from such action. 8.5 It is further agreed anything to the contrary herein not withstanding, that the City of Brooklyn Center City Council and its agents or employees shall not be personally liable or responsible in any manner to the Developer, the developer's contractor or subcontractor, material men, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions, or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work and the improvements provided herein, and that the Developer will save the City harmless from all such claims, demands, damages, actions or causes of actions or the costs, disbursement and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for City administrative time and labor, costs of consulting engineering services rendered in connection with defending such claims as may be brought against the City. 8.6 The Developer shall furnish the City of Brooklyn Center Public Liability and Property Damage Insurance in the amounts to be determined by the city's risk management consultant. These insurance policies shall accompany the contract for its execution by the Developer and the City of Brooklyn Center. These insurance policies shall be in full force and effect during the life of this contract. 10 THE CITY OF BROOKLYN CENTER By Its City Manager THE DEVELOPER TWIN VIEW DEVELOPMENT, INC. By Its And By Its STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing Instrument was acknowledged before me this day of ' 1991, by G. G. Splinter, the City Manager of Brooklyn Center, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing Instrument was acknowledged before me this day of , 1991, by and respectively, the and of a Minnesota on behalf of the Notary Public This document was prepared by: Engineering Department, City of Brooklyn Center EXHIBIT A LEGAL DESCRIPTION - TWIN VIEW MEADOWS All that part of the North Half of Government Lot 2, in Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota, lying northeasterly of the Soo Line Railroad (formerly known as the Minneapolis, St. Paul & Saulte Ste. Marie Railroad Company) right -of -way; EXCEPTING THEREFROM: All that part thereof lying North of a line drawn from a point cohere the southeasterly line of Lake Drive, extended Southwest, intersects the north line of said Government Lot 2; thence continuing along said extended line distant 11.95 feet; thence Westerly 423.58 feet to a point 20 feet South of the north line of said Government Lot 2; thence Northwesterly 100 feet to a point on said north line distant 527.98 feet West of the point of beginning; thence West along said north line distant 300 feet; thence South at right angles 50 feet; thence West at right angles 100 feet; thence North at right angles 50 feet and there terminating; and EXCEPTING THEREFROM: A parcel of land comprising all that part of the North Half of Government Lot 2, in Section 10, Township 118, Range 21 West, Hennepin County, Minnesota, bounded and described as follows: Commencing at the northeast corner of said Government Lot 2; thence South along the east line of said Government Lot 2 a distance of 668.83 feet to the southeast corner of said North Half of Government Lot 2 and to the point of beginning of the parcel of land to be described; thence North 88 degrees 13 minutes West along the south line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the east line of said Government Lot 2 a distance of 308.15 feet; thence Easterly along a line running parallel with said south line of the North Half of Government Lot 2 to a point of intersection with said east line of said Government Lot 2 which point is 308.15 feet North of said point of beginning as measured along said east line; thence South along said east line of Government Lot 2 to the point of beginning, and EXCEPTING THEREFROM: The East 2 rods (33 feet) thereof, as measured at right angles from the East line of said Government Lot 2. 0 EXHIBIT B ITEMIZATION OF IMPROVEMENTS PERFORMANCE GUARANTY REQUIREMENT In accordance with Section 35 -230, Subd. 3 of the Brooklyn Center City Ordinances, the Developer will be required to provide a performance guaranty in a form specified below. The Subdivision improvements for which such guarantee shall be provided shall conform with the approved plans shown in Exhibit C. These improvements will include, but may not be limited to, the following: 1. Sanitary Sewer - the sanitary sewer mains and service lines and appurtenant facilities: $42,100 2. Water the water main and service lines including all taps and connections to existing facilities, and hydrants $40,100 3. Storm Sewer - the storm water drainage system, including pond outlet and appurtenant facilities, in conformance with the Shingle Creek Watershed Management Organization standards $53,300 4. Street - grading, base, curb and gutter, and bituminous paving: $76,500 (TOTAL AMOUNT OF PERFORMANCE GUARANTY $212,000) 5. Trail - grading, base, bituminous paving: $10,350 Financial Performance Guaranty to be Provided: The financial performance guaranty required herein is to be provided at the time of site plan approval and prior to the issuance of a building permit for development of the Subdivision. The financial performance guaranty required shall be in the principal sum of $212,000. Form of Financial Performance Guaranty: The financial performance guarantee shall be in one of the following forms: (1) Cash or certified check; (2) Certificate of deposit or savings certificate (passbook); (3) Surety bond; (4) Irrevocable letter of credit. Whichever form is used, the instrument must comply with the conditions stipulated by and approved by the City Attorney. No other form may be used unless approved by the City Attorney and the City Manager. o} B-6i8 CURB A GUTTER j! d£ t .. f r--'_ +emu ..�.......�..........,.a. w� .. ,..:1•;:. WATEROUS L �_....�.....�.. Yl!i ..,. r....., . _ . i - � W SURMOUNTABLE CURB BGUTTER - I •�•-• - _ WB -59. _ .�.�..�. X1 ._.. ........ } PROFM E� TYPICAL HYDRANT AND GATE VALVE NSTALLRION H U 8-818 i SURMOUNTABLE TYPICAL SANITARY HOUSE SERVICE TYPICAL HOUSE SERVICE CONNECTION O H CONCRETE CURB AND GUTTER i 1 (� H H U o x w r SECTION A- A ,f K I i K' ,i•Ki•` •••,• `fiT /� U) i' Lu TYPICAL DWEVAY - �... _ ...�. ._._r....� I fr•' �"' ....... �....��, .... ■ w w w♦ I . �� �� ..y. I y Z TYPICAL DRIVEWAY STANDARD MANHOLE (SANITARY SEWER) CATCH BASIN MANHOLE SINGLE PIPE CATCH BASH TYPE A RECTANGULAR 3 .T 8 NIQIL .a.rec..rro,o.w.M.OooiarN cen» sa+cARO onAai ',, = (OAII M I[[I 1 OAK lTRC(T ALL CAD( SO DEEP EIC17T FOR IOT t WX 1 RMMxI N AO KV $M IT .'" TTMJLL MOM CAO OAAOM 3 EAOCVON CONTROL NOIIT16 ..tr (TO BE VACATFO/ -- vr • 6z.o _ � � �irs� sE[o9 eea aee o a ees 3 e3a � Nr [ ' ,�;,„.a: """• r• e63.0 OUTL IT • �'. 'V — - - - T �l J " e D ^ AVENUE i :�. J 86 ♦\ 1'.0 { Y f163� �FMO 862. 3. / 863.3 (6f 0 b86A 883 SE/FB SE/F( .3, `D4,5.0 . _ _x w y.c•A+ '� A57 �0 _ .9E SE SE SE ` F 864.2 - x 11 to a IL tu I Z F OL O ' f _ OUTLOT 0 --- - ti aF20 �:• ' 1 TWIN VIEW MEADOW! E (7 w R Im a STORM SEWFA DC`ION CAICUTATTONS �� Y 1AL.s ;a, °, , ERR - wW •�_.... 1' ._ —� I1 �I�� Tm T WEIR DETAIL FULL BASEMENT (FB) I I I SPLIT ENTRY (SE) CQI r FULL BASEMENT LOOK —OUT (FBLO) \ SPLIT ENTRY WALK —OUT (SEWO) i Sy r rr i FULL BASEMENT WALK—PUT (FBWO) y (NOT APPLICAILE) - — -i TYPICAL STREET SECTION STA. 0 +40 TO 9 +80 - 0 HA _ a.. Zpc W 8 /CT FENCE DETAIL a G H _5] aw LL TYPICAL STREET SECTION STA. 9 +80 70 11+75 -1' U u w � rrMa O �yyl 12 I t0 9 ° 7 8 3 W W W y 1 W G ,y K'wl a�B.rgn.0¢f rAM I.P i U 44!! , � I � dip�i9.� 11101.pellt t K . I a, 4 - -�7 rid -T - - i ei 1nrcx a= �{ fiErgrgurrrm 1 13 12 tt t0 9 8 7 6 S / rn• 117 _ t I 3 FRANCE AVE. UETA4 i•3. 2 d —� 51ST AVENUE NORTH 1EE641161 1NO1t i 870 _ �j t _ E ] i zW • 865 ,j 1 ; (� o,.�. �.n..W. i_ — j 865 W to It cc - loo.a mma wa T W of I i 855! i j �:. r.�.. 1 - -- f ] - -- j ;� ,, ,,,� i — . —. —J — - -- — - -_-- _ _— Wi n._ °_• —_ --I 85 3 = - _ _ . o 850 ea 4,! "'_ lu j A nlr.. w�. ] ulrmorr J ;mil Fja - - - r ' II { ajG �MrrrMrrr� : ° r W r t L { �a � ( t t .: t W j . 5 � L. a � f j3�D I - i r ( - i 3 _ ' - 850 _. 855 860_ a x,855 ( l . ► 1 • I _ - r J t 86 r 850 ..c .no.i 6 12 to 9 a 7 6 3 2 1 0 1 v 0 0 • 0 IT) C� .rr.nri,nL ,.w., rLrv,m,•r« ti1 3� I I �_ 1 >EI W9h9„LwR lL9. MrPfCi4. ClDi� —� I L. ,.•OIw• 1 ; )• � � lJ � � . • m.x . n1.91 v I _OCIMI i•u sw If f0 9 8 7 8 5 4 3 2 S i Yi °` ;a x. � 1 • o•ww' / • urorr• r�9 fro.l —� �N I ji / l•r.)1 l•n.w II •I '� m19,9 w.eL wM'.r 9 ' w� �:aadn is n. f3 I 11 f0 9 8 7 8 S , w.o•n rn wr.r,oL y ,�Y rc .&,LC2 i•�IE�?,L 2 f 2 G e EAST TWIN LAXE BLVD. DETAIL 51ST AVENUE NORTH , se; - it al t - F; tl •: t F' t - 7 7777 y 187 870 - - _ I , ' I I I - I � i j } :� i. ao9rp• mreaa awa 1 , 865- m 860._ a 55 855 -f -r 0 y 90 w a cat•►w i II I 1 , 1 m I 1 - �o lt.g I TYPICAL FENCE / o OPENING DETAIL I 852 Ww L I � I `, G THEGS • ;(Re ' E.6. I N W i -- asa ---- --- ---- — _ - - - _ - - - - ase - -- -- .��i" DH NH• -- - -'- - 856-- < - _ / _ • HM WOOD VERTICAL DOAM 0PM0l1E FENCE `� _ - '-- , 1 w w�cs� n.wMP G.MMeu M■ r 1� t+NTRwaT..a r Ran.s.e+sLa F'o,. aa.e� -nNtr -.. ` ;` I I ...lW..�wva ITT IUTY uMBti. �, \` � � rj NM wcw �uYwwmo 6, µoa „u.ta 2' C) ... �y TI ,aVt � 4' „ aauv+o� (,,rr Vw,CM \:� • / 8.71 _\ i H uw ac.s.a P.,nlx.aM '.+a uwcTUwom ,aanaar 4' \ ,+�na.uo wrTU a...�.. a.ucEe. ♦..,,..s Ta..w.. � \ \: ♦ 10 61 p.G6a H.I+4C� pt<N YTS dXt M.,..f� bT'�. i S. /ka. ►MJf WTIr,Y 1b K iYaaY,TNLp M- �i �e \ ��\� �\ \ i ,' I IG G6 IcE� puupns rWK� OlyG 4GT+,[i 4• YY,� as,�a w�J, rT..a.CS , . , f P�W.L. 6LL TRC.fb To CG O�><' FiG7f. R�uTeo IN A. M RC6r a K �.u�so wm.w Mw.w. r.�a owe ca_ \ \:. ` •� cou•R.ataa w .wwraY,G Ta: ra. e. .... -. p vraK• ....r.... nc.zu, , (. n ,,.. Pawn r+ta.o � I \� -__� 1, LaWroiGaP! rLLN PEV [lOpID ,M GOA[11WTOM � g EXHIBIT D SPECIAL ASSESSMENTS Following is a summary of the unpaid portions of current and pending assessments to the parent parcels of the Subdivision. These assessments are payable in full prior to release of the plat for recording. Simple interest at the prevailing special assessment interest rate of 10 percent will be added to the payoff of the current, certified special assessments. Interest will be calculated from the date of payment through December 31, 1991. Parent Parcel 10- 118 -21 -23 -0002: No special assessments Parent parcel 10- 118 -21 -24 -0001 Current special assessments: 11786A TREE REMOVAL 90 1991/ 3 yrs/ 10% Principle = $186.67 Payoff = *Interest at an annual rate of 10% will be added to the principle, calculated from the date of payment through December 31, 1991. If, for example, payoff was made on April 15, 1991: ( $186.67 * (261 days *10 %/365 days)) = $13.35 interest; payoff = $186.67 + $13.35 = $200.02 Pending special assessments: * *094P TREES 90 &91pay92 1992/ 5 yrs/ % Payoff = $1,457.00 EXHIBIT E UTILITY CONNECTIONS AND HOOKUP CHARGES The Owner shall be responsible for installation of all water service, sanitary sewer service, and storm sewer connections as may be required to provide service to the lots in the Subdivision. Hookup Charges: 1. The attached map (Exhibit E -1) indicates the portion of Twin View Meadows which is subject to hookup charges at this time. 2. Water hookup charges are established annually by the City Council. Such fees represent the property owner's share of the cost of bringing utility service into the neighborhood, and of maintaining water storage in the elevated towers. The fees are charged when the parcel or parcels to be developed have either never been assessed for hookup to city utilities, or were not charged the full fair share. These hookup fees are in addition to the actual cost of constructing a development's water facilities. The charge at 1991 rates is as follows: A) Area of Subdivision 748,704.56 SF Area of Outlots - 391,719.18 Area Currently Subject to Hookup Charges 356,985.38 SF B) Area Previously Assessed for Water 45,144.00 SF (Levy YJ 2292 334.4 FF x 135 F = 45,144 SF) C) Area To Be Assessed as Excess Frontage 3,547.80 SF On France Avenue (26.28 FF x 135 F = 3,547.8 SF) D) Net Area To Be Charged (A - B - C) 308,293.58 SF E) Total Area Hookup Charge $29,257.06 (308,293.58 SF x $9.49/100 SF) Total Frontage Hookup Charge $ 803.90 (26.28 FF x $30.59/FF) Total Water Hookup Charge $30,060.96 3. There are no sanitary sewer hookup fees associated with this Subdivision. 4. The hookup charges may be paid in full or may be levied as a special assessment for a period of ten (10) years, at an annual interest rate determined by the City Council when the levy is adopted. The total hookup charge will be equally assessed to each platted lot of that portion of the subdivision currently subject to hookup charges. 1 I ,• Vie! J R.T- DOC. NO. E A TWIN VIEW MEADOWS C.R.DO TV" LLI a ' II 10 • r r ''iii:. .. .. 1 �•_ _ I .I •rY'f1 • I • • �•u_aY,r u « M u 0: �� I 1 ».•, ` 'w -T i• I •. •.� •r I' . d ~ '� v. .,..ra• ... . .w I� I iJ it I .P. •� � » ', N' I ' r w .•. I� � . m wu av al� I • 1 r • 1 zr .:.r ; �� • f S IJ l '• �: i r a l � \� W W » � i i • : � • i � g I .�«: eTw,. f.frr[.n ' pq » s • 9 • i , H , ., I n ....... ...... 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[r w r ar 4w»nM W 2 f•rfT 1 or) faun r$ EXHIBIT F FINANCIAL COMMITMENT SUMMARY The financial commitments of the Developer and the City for the provisions of this agreement are as follows; City Obligations Oversizing of Storm Sewer Improvements $10,500.00 Trail Construction $10,350.00 Outlots A and B $52,000.00 $72,850.00 Developer's Obligations Water System Access Charge $30,060.96 Curb and Gutter Prepayment - France Avenue $3,000.00 Special Assessments (principle only) $1,643.67 $34,704.63 (+ interest on special assessments) SAC Charges Paid to M�JCC Performance Guaranty $212,000 rt3; tt:! TWIN VIEW MEAD R.T. ° DC.NO. MEADOWS `\ C.R. DOC.N 1`�! , V. r -- -- -'y1 r. ....... ....... ..... -. ...... ........ ........ ........... - .. : a %. iI ] T`YYt� : ; : •r t t »' ! I, N �tD u••ert Y;. 12 I i 10 9 y' 'r . 8 . r r s T r 6! 5` "' i 4 :`. l ►I il! �• e• .:i. _'r �' -..:�- fir:» - rrrj `.'!•� °fi...: t � � IY :r ,. — z:w r I i \� • r i ��. ...; �— i—'a � , ��', -�, ,. 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Mgt S� l.. +v •r.ra.rr w or H d r. r•sw w a m.... -. lar r r • car rq,.F. r w b.b..n o..rr rr \ rMdw•rrw +r ..e•r Ha Wtn....a.•Irta . m ronr fil rl br Maw a w prr r E•0•`'r< M aE•a rra »+ H: Wrr bpvr.IN w.o rw•.b•y w..r H a aw -..+�. lar r n r. pn a wa.a¢ r ty M. lyr M � .r �n.ro wrrnrrov Y k "�uiF� Mtrr rn•wY.q r.w,. •w.•drp•rW Ter rr H r •rtl Owor+• b L WIr 1 r1 r r,ltlr - 1 � 8 N C7 !fit TWIN VIEW MEADOWS Rr.DOC.NO. , tfEE . C.R. DOC.NO. !!!! ------------------- \._ —..... ,..•o.,:a– ° _ ------- -------- ----- -- -- ----- --- - - - - -- . -.- 7r -�`� ^• ^R ... .a.. ....... : z c*c ----------------------------------------- W \ , •,4 , ,, •,, „ it V n+.rt or ,..arson \ \ ^ +% � \ ••`� "' i' 1 � !'� �' I ' i � I m. b.,..p s...,.r. e./�... rr.v,.eo.e er.... /r __ e.r '••, a rnr drdiMN NCW Urs.owef w..,wo..a.ro r,wV./ty fra'/ eo..•ar \ " � y � /nOaILL.M CExfnl.r.�ot r..q.r n..rV .rN rw, .., __ M' —•~ ^ r — �� I � I } E� Iw nor../Ff+ . a .>oMw�^�r'.•'/ � �.np d ra m..... na nmm..lova � f•...../ F r^"•^+' _ an ms,cs or /noa,arr cwren ,..wcaors \\ ''••� •�'' OUTLOT B lk— ncn.n Tss sw�nw�uc s/mp c,ss,ntie,r f \ ••'+'• � t or a r.rra ,wl..,n, a..w• slab \ � I � � R d ,v..... e,r..�or ars.w a,a.faa aan aW /.+tib...o,•.r/«. , \\ ��'- wuun lrca.roaa ,..+.o..ar..r. �•�• N � \ Y 3 ! ad+.rr....wdn.wvuw una�.. «nwewo.n. — ".LJ`_ .• �3y WMERILA • S «••• GASSOCMTES F o.ala .ru .o. u�a; u ,:aw, n •••"•`• n �. s.ur a a a I'!�I I � 2 M 8 EXHIBIT THREE PERFORMANCE AGREEMENT This Agreement is entered into by Twin View Development, Inc., a Minnesota Corporation (hereinafter referred to as "Developer "), and the City of Brooklyn Center, a Minnesota municipal corporation (hereinafter referred to as "City "). DIVISION 1 - WORK The Developer has received approval, pursuant to City Ordinances, of its development plans (hereinafter referred to as "Development Plans ") by resolutions of the City Council of the City dated February 25, 1991 (hereinafter referred to as the "Approval ") subject to the execution of this Performance Agreement. The Development Plans and the Approval are made a part hereof by reference. In consideration of such Approval, the Developer, its successors and assigns, covenant and agree to perform the work as set forth in the Development Plans and in the Approval, and as hereinafter set forth upon the real estate described in Exhibit One attached hereto and hereby made a part hereof. The work shall consist of the improvements described in the Development Plans and in the Approval (to include any approved subsequent amendments), and shall be in compliance with all applicable Statutes, Codes and Ordinances of the City. In the event of any inconsistency between the Development Plans and the Approval, the terms and conditions of the Approval shall prevail. Without limiting the foregoing, the work shall specifically include the following: 1. Placement of all subdivision survey monuments. 2. All driveways shall be paved with blacktop or concrete prior to final inspections. No dwelling in the subdivision may be occupied until after final inspection and issuance of a written certificate of occupancy by the City. 3. Building permits for dwellings in the subdivision will be issued only for structures which are in substantial compliance with proposed building plans heretofore submitted by Developer and which have at least 960 square feet on the main level. 4. Sod shall be installed in all yards abutting a public street. Rear yards shall be seeded. 5. Conveyance by warranty deed of Outlots A and B of the subdivision 2 to the City for public purposes. 6. At least three coniferous or shade trees shall be planted along the south side of each of Lots 1 through 13, of the southerly block of the subdivision, to provide effective screening of the Murphy Warehouse property. Trees shall be in conformance with the landscape plan approved by the Director of Planning and Inspection (hereinafter referred to as the "Landscape Plan "). Coniferous trees shall be not less than five feet in height and shade trees shall be two inches in diameter at the time of planting. 7. A buffer treatment in the south forty feet of Lots 1 through 13 of the southerly block of the subdivision, to consist of not less than a two foot high berm (as measured from the north edge of the Murphy Warehouse property) and not less than a six foot high, wood, vertical board, opaque fence. 8. Grading, drainage, utility installation and berming shall be completed in accordance with plans approved by the City Engineer prior to issuance of permits. 9. All landscaping shall be completed in accordance with the Twin View Meadows Landscape Plan approved by the Director of Planning and Inspections. 10. Developer shall include with the sale of each lot a landscape package which shall provide at least Three Hundred Dollars ($300.00) worth of foundation lantin s of shrubs or p g bushes in the front of the house. DIVISION 2 - COMPLETION DATE The Developer agrees that said work shall be completed in its entirety within two (2) years of the date of this agreement (hereinafter referred to as the "Specified Completion Date ") and no extension of time shall be valid unless the same shall be approved in writing by the City Manager. Said extension of time shall be valid whether approved by the City Manager before or after the Specified Completion Date, and failure of the City to extend the time for completion or to exercise other remedies hereunder shall in no way work a forfeiture of the City's rights hereunder, nor shall any extension of time actually granted by the City Manager work any forfeiture of the City's rights hereunder. It shall be the duty of the Developer to notify the City of 0 3 completion of the work at least ten (10) days prior to the Specified Completion Date and to call for inspection by employees of the City. Upon determination by the Director of Planning and Inspection of the City or the Director's designee (hereinafter referred to as the "Director ") that the work has been satisfactorily completed, the Director shall so notify the Developer in writing. The date of such determination, which shall be specified in such notification, shall be referred to herein as the Date of Initial Completion. DIVISION 3 - MAINTENANCE This Performance Agreement, in its entirety, shall remain in full force and effect for a period of at least one year after the Date of Initial Completion of the work to ensure that the useful life of all work performed hereunder meets the average standard for the particular industry, profession, or material used in the performance of the work. At any time prior to final approval and acceptance of the work by the City Council, the Director may make a determination that the work does not meet such standard. Upon such a determination, the Director shall suspend the Date of Initial Completion and shall so notify the Developer specifying deficiencies in the work and a date by which the work must be brought into compliance with such standard. Upon correction of such deficiencies, the Developer shall notify the Director and call for inspection by employees of the City. The Director shall establish a new Date of Initial Completion upon a determination that deficiencies have been corrected. DIVISION 4 - FINANCIAL GUARANTEE The Developer agrees to furnish the City with a financial guarantee in 4 the form of a cash escrow, a bond issued by an approved corporate surety licensed to do business in the State of Minnesota and executed by the Developer as principal, or other financial guarantee as approved by the City Manager of the City, in the amount of $ (hereinafter referred to as the "Financial Guarantee "). The Financial Guarantee shall be conditioned upon the full and faithful performance of all elements of this Performance Agreement and upon compliance with all applicable Statutes, Codes and Ordinances of the City, and shall further be subject to the following provisions which shall be deemed to be incorporated in such financial guarantee and made a part thereof. DIVISION 5 - TERM At any time after one year following the last Date of Initial Completion of the work, the Developer may apply to the City, by notice to the Director, for approval and acceptance of the work and release of the Financial Guarantee. The Financial Guarantee shall continue in full force and effect until the City Council shall by motion approve and accept all of the work undertaken to be done, and shall thereby release the surety and /or Developer from any further liability; provided, however, that the City Council may by motion reduce the amount of the Financial Guarantee upon partial completion of the work, as certified by the City Manager. DIVISION 6 - NOTICE The City shall be required to give prior notice to the corporate surety and the Developer of any default hereunder before proceeding to enforce such Financial Guarantee or before the City undertakes any work for which the City will be reimbursed through the Financial Guarantee. Within ten (10) days after such notice to it, the surety shall notify the City in writing of its intention to enforce any rights it might have under this Performance Agreement or any Performance Bond by stating in writing the manner in which the default will be cured and the time within which such default will be cured, said time not to exceed 60 days unless approved by the City. DIVISION 7 - REMEDIES FOR BREACH At any time after the Specified Completion Date and any extensions thereof, if any of the work is deemed incomplete or substandard, the City Council may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all overhead expenses incurred by the City in connection therewith including, but not limited to, engineering, legal, planning and litigation expenses but the enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Completion by the City The City, after notice, may proceed to have the work done either by contract, day labor, or regular City forces and neither the Developer nor the corporate surety may question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the surety and /or the Developer shall promptly pay the City the full cost thereof as aforesaid. In the event that the financial guarantee is in the form of a performance bond, it shall be no defense by the surety that the City has not first made demand upon the Developer, nor pursued its rights against the Developer. 6 2. Specific Performance The City may, in writing, direct the surety or the Developer to cause the work to be undertaken and completed within a specified reasonable time. If the surety and /or the Developer fails to cause the work to be done and completed in a manner and time acceptable to the City, the City may proceed in an action for Specific Performance to require such work to be undertaken. 3. Deposit of Financial Guarantee In the event that the Financial Guarantee has been submitted in the form of a Performance Bond, the City may demand that the surety deposit with the City a sum equal to the estimated cost of completing the work, plus the City's estimated overhead expenses as defined herein, including any other costs and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the face of the Performance Bond, which money shall be held by the City for the purpose of reimbursing the City for any costs incurred in completing the work as hereinbefore specified, and the balance shall be returned to the surety. This money shall be deposited with the City within ten (10) days after written demand therefore, and if the surety fails to make the required deposit within ten (10) days, the City shall have the right to proceed against the surety with whatever legal action is required to obtain the deposit of such sum. 4. Funds on Deposit In the event that the financial guarantee is in the form of cash, certified check, or other arrangement making the financial guarantee immediately accessible to the City, the City may, after notice to the Developer, deposit the financial guarantee in its General Account. The City may then proceed to complete the work, reimburse 7 itself for the cost of completion as defined hereunder, and return the balance to the Developer. DIVISION 8 - PROCEDURES A copy of this Performance Agreement shall be attached to the Corporate Surety Bond, if any, and reference to this Performance Agreement shall be made in any such bond, but no corporate surety shall assert as a defense to performance hereunder, any lack of reference in the bond to this Performance Agreement. The original and two copies of this Agreement, properly executed, together with the appropriate financial guarantee shall be submitted to the City. 8 IN WITNESS WHEREOF, the Developer and the City have executed this Agreement this day of 19_. THE CITY By Its City Manager or Authorized Designee THE DEVELOPER By Its By Its STATE OF MINNESOTA ) )ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1991, by G.G. Splinter the Manager of the City of Brooklyn Center on behalf of the City. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF Hennepin ) The foregoing instrument was acknowledged before me this day of 1991, by and , the and on behalf of the Notary Public This document was prepared by: Holmes & Graven, Chartered EXHIBIT ONE LEGAL DESCRIPTION - TWIN VIEW MEADOWS All that part of the North Half of Government Lot 2, in Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota, lying northeasterly of the Soo Line Railroad (formerly known as the Minneapolis, St. Paul & Saulte Ste. Marie Railroad Company) right -of -way; EXCEPTING THEREFROM: All that part thereof lying North of a line drawn from a point where the southeasterly line of Lake Drive, extended Southwest, intersects the north line of said Government Lot 2; thence continuing along said extended line distant 11.95 feet; thence Westerly 423.58 feet to a point 20 feet South of the north line of said Government Lot 2; thence Northwesterly 100 feet to a point on said north line distant 527.98 feet West of the point of beginning; thence West along said north line distant 300 feet; thence South at right angles 50 feet; thence West at right angles 100 feet; thence North at right angles 50 feet and there terminating; and EXCEPTING THEREFROM: A parcel of land comprising all that part of the North Half of Government Lot 2, in Section 10, Township 118, Range 21 West, Hennepin County, Minnesota, bounded and described as follows: Commencing at the northeast corner of said Government Lot 2; thence South along the east line of said Government Lot 2 a distance of 668.83 feet to the southeast corner of said North Half of Government Lot 2 and to the point of beginning of the parcel of land to be described; thence North 88 degrees 13 minutes West along the south line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the east line of said Government Lot 2 a distance of 308.15 feet; thence Easterly along a line running parallel with said south line of the North Half of Government Lot 2 to a point of intersection with said east line of said Government Lot 2 which point is 308.15 feet North of said point of beginning as measured along said east line; thence South along said east line of Government Lot 2 to the point of beginning, and EXCEPTING THEREFROM: The East 2 rods (33 feet) thereof, as measured at right angles from the East line of said Government Lot 2. i 0 EXHIBIT FOUR DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS THIS DECLARATION Made this day of 1991, by Twin View Development, Inc., (hereafter referred to as "Developer ") and (hereinafter referred to as "Mortgagee "). WHEREAS, Developer is the owner of the real property legally described in Exhibit One, attached hereto and hereby made a part hereof (hereinafter referred to as TWIN VIEW MEADOWS or the "Subject Property "); and WHEREAS, in connection with the development of the Subject Property Developer has applied to the City of Brooklyn Center, Minnesota (hereinafter referred to as the "City ") for rezoning of the Subject Property to PUD R -1, pursuant to the ordinances of the City; and WHEREAS, as a condition to such rezoning, the City has required the filing of this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as the "Declaration "); and WHEREAS, to secure the benefits and advantages of such rezoning, Developer desires to subject the Subject Property to the terms hereof; NOW, THEREFORE, the Developer and the Mortgagee declare that the real property described In Exhibit One is, and shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions and restrictions hereinafter set forth. 1. Front yard setbacks for buildings on properties along the North side of 51st Avenue in TWIN VIEW MEADOWS shall be 25 feet, unless setback standards for such parcels are changed by amendment to the zoning ordinances of the City applicable to the PUD R -1 zone for TWIN VIEW MEADOWS, duly adopted by ordinance of the City Council of the City of Brooklyn Center. 2. All approved and platted lots in TWIN VIEW MEADOWS shall be buildable lots, notwithstanding any more restrictive lot size requirement in the subdivision regulations or zoning code of the City to the contrary, unless minimum lot size requirements are changed by amendment to the subdivision regulations or zoning ordinance of the City applicable to the PUD R -1 zone for TWIN VIEW MEADOWS, duly adopted by ordinance of the City Council of the City of Brooklyn Center. 3. Except as specifically provided in this Declaration, the develo and use of all properties in TWIN VIEW MEADOWS shall conform in all respects to the ordinances of the City of Brooklyn Center. IN WITNESS WHEREOF, the undersigned, being the Developer and the Mortgagee herein, have hereunto set their hands and seals as of the day and year first above written. DEVELOPER By Its By Its MORTGAGEE BY Its BY Its STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing Instrument was acknowledged before me this day of , 1991, by and respectively, the and of a Minnesota on behalf of the Notary Public STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing Instrument was acknowledged before me this day of ' 1991, by and respectively, the and of a Minnesota on behalf of the Notary Public This document was prepared by: Holmes & Graven, Chartered EXHIBIT ONE LEGAL DESCRIPTION - TWIN VIEW MEADOWS All that part of the North Half of Government Lot 2, in Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota, lying northeasterly of the Soo Line Railroad (formerly known as the Minneapolis, St. Paul & Saulte Ste. Marie Railroad Company) right -of -way; EXCEPTING THEREFROM: All that part thereof lying North of a line drawn from a point where the southeasterly line of Lake Drive, extended Southwest, intersects the north line of said Government Lot 2; thence continuing along said extended line distant 11.95 feet; thence Westerly 423.58 feet to a point 20 feet South of the north line of said Government Lot 2; thence Northwesterly 100 feet to a point on said north line distant 527.98 feet West of the point of beginning; thence West along said north line distant 300 feet; thence South at right angles 50 feet; thence West at right angles 100 feet; thence North at right angles 50 feet and there terminating; and EXCEPTING THEREFROM: A parcel of land comprising all that part of the North Half of Government Lot 2, in Section 10, Township 118, Range 21 West, Hennepin County, Minnesota, bounded and described as follows: Commencing at the northeast corner of said Government Lot 2; thence South along the east line of said Government Lot 2 a distance of 668.83 feet to the southeast corner of said North Half of Government Lot 2 and to the point of beginning of the parcel of land to be described; thence North 88 degrees 13 minutes West along the south line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the east line of said Government Lot 2 a distance of 308.15 feet; thence Easterly along a line running parallel with said south line of the North Half of Government Lot 2 to a point of intersection with said east line of said Government Lot 2 which point is 308.15 feet North of said point of beginning as measured along said east line; thence South along said east line of Government Lot 2 to the point of beginning, and EXCEPTING THEREFROM: The East 2 rods (33 feet) thereof, as measured at right angles from the East line of said Government Lot 2. CITY OF BROOKLYN CENTER Council Meeting Date 4j22 9- Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINAL PLAT APPROVAL - TWIN VIEW MEADOWS DEPT. APPROVAL: SY KNAPP, DIIAECTOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) • Previous City Council Action On February 25, 1991 the City Council approved Planning Commission Application No. 90029, preliminary plat for Twin View Meadows. Approval of the preliminary plat plat was subject to the conditions outlined on the attached memorandum. Staff Recommendation This plat is recommended for approval, subject to the execution of a comprehensive "Development Agreement ". CITY 6301 SHINGLE CREEK PARKWAY OF I:BROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE DATE: April 16, 1991 911 TO: Sy Knapp, Director of Public Works RE: Final Plat - TWIN VIEW MEADOWS Conditions adopted for the preliminary plat by the City Council, at its February 25, 1991 meeting were as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The owner of the property shall execute a subdivision agreement with the City outlining required improvements in the subdivision, payment of assessments and utility charges, and time limits for completion of required improvements prior to final plat approval. 4. The preliminary plat shall be modified prior to final plat approval to indicate blocks and to indicate an appropriate easement for rail access to the Murphy Warehouse property. 5. It is recommended that lots 14 and 15 of Block 2 of the proposed subdivision be acquired by the City for public purposes to provide access to the land to the west from 51st Avenue North. As of this date, Conditions 1 and 2 have been met and the appropriate easement for rail access referred to in Condition No. 4 is being developed separate from the final plat, as per the railroad's request. Conditions No. 3 & 5, regarding the subdivision agreement and acquisition of land west of proposed 51st Ave. No., will be met through a comprehensive "Development Agreement" in which both the City and the developer have already assented to. Accordingly, I recommend approval of the final plat - TWIN VIEW MEADOWS, subject to the execution of the above- mentioned Development Agreement (which includes a Subdivision Agreement). Sincerely, �,. ,sasuiarr Mark J. Maloney, PE City Engineer CITY OF BROOKLYN CENTER FINAL PLAT /RLS APPROVAL APPLICATION Please Print Clearly or Type Name of Proposed Plat RLS p / Twin View Meadows Street Address of Property 5075 France Avenue North Legal Description of Property (attached additional sheets, if necessary) (See attached sheets1 Owner Name _Richard Hartmann Phone No 560 -4122 Address Twin view Development, Tnc-_, 70'8 Brookly n Blvd, Brooklyn Center, MN 55429 Owner's Representative John Johnson Phone No Address Marila F. Agsoniates, 8401 7'lyd AvP Nn , Brooklyn Park, MN 9542R (DO NOT WRITE BELOW THIS LINE) WATERSHED COMMISSION APPROVAL x Shingle Creek Watershed West Mississippi Watershed Watershed Approval Date ,April 11, 1991 PRELIMINARY PLAT /RLS APPROVAL - 90028 & Planning Commission Application No. g002q Approval Date Planning Commission Recommendation: Approved with conditions City Council Action_ City Council Approval Date FPhruary 25, 1991 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY COUNCIL ACTION ON FINAL PLAT /RLS APPLICATION SUBMITTED April lh, 1991 RECEIVED BY Mark Maloney (Date) RESUBMITTED RECEIVED BY (Date) Dates of Council Consideration: April 22, 1991 Approved Denied this day of 19 the following conditions: FORMS: Platapp.p LEGAL DESCRIPTION - TWIN VIEW MEADOWS All that part of the North Half of Government Lot 2, in Section 10, Township 118 North, Range 21 West, Hennepin County, Minnesota, lying northeasterly of the Soo Line Railroad (formerly known as the Minneapolis, St. Paul & Saulte Ste. Marie Railroad Company) right -of -way; EXCEPTING THEREFROM: All that part thereof lying North of a line drawn from a point where the southeasterly line of Lake Drive, extended Southwest, intersects the north line of said Government Lot 2; thence continuing along said extended line distant 11.95 feet; thence Westerly 423.58 feet to a point 20 feet South of the north line of said Government Lot 2; thence Northwesterly 100 feet to a point on said north line distant 527.98 feet West of the point of beginning; thence West along said north line distant 300 feet; thence South at right angles 50 feet; thence West at right angles 100 feet; thence North at right angles 50 feet and there terminating; and EXCEPTING THEREFROM: A parcel of land comprising all that part of the North Half of Government Lot 2, in Section 10, Township 118, Range 21 West, Hennepin County, Minnesota, bounded and described as follows: Commencing at the northeast corner of said Government Lot 2; thence South along the east line of said Government Lot 2 a distance of 668.83 feet to the southeast corner of said North Half of Government Lot 2 and to the point of beginning of the parcel of land to be described; thence North 88 degrees 13 minutes West along the south line of said North Half of Government Lot 2 a distance of 1,007 feet; thence North along a line running parallel with the east line of said Government Lot 2 a distance of 308.15 feet; thence Easterly along a line running parallel with said south line of the North Half of Government Lot 2 to a point of intersection with said east line of said Government Lot 2 which point is 308.15 feet North of said point of beginning as measured along said east line; thence South along said east line of Government Lot 2 to the point of beginning, and EXCEPTING THEREFROM: The East 2 rods (33 feet) thereof, as measured at right angles from the East line of said Government Lot 2. ►t3� g R.T. 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[u[4 cY •.w+ a [rv� ....r• n ......•..w[• &ASSOCIATES 2 4 8 I l CITY OF BROOKLYN CENTER council Meeting Date 4-22-91 Agenda Item Number zcR Q-, REQUEST FOR COUNCIL CONSIDERATION ************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: DISCUSSION ITEM: WATER SLIDE ************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: Personnel Coordinator Signature - title MANAGER'S REVIEW/RECOAENIENDATION: ' No comments to supplement this report Comments below /attached ************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SU B ARY EXPLANATION: (supplemental sheets attached ) The park and recreation commission has been reviewing and discussing a proposal for a water slide for the community center and has recommended to the city council that an in -house financial investigation be conducted to determine the possibility of installing a water slide. Attached is information about water slides compiled by the recreation department, along with the minutes from the commission meetings when the water slide was discussed. REQUESTED CITY COUNCIL ACTION• Discuss the proposed water slide and direct staff to conduct an in -house financial investigation to determine the feasibility of a water slide for the community center. available. Upon vote being taken on the foregoing motion, the motion passed. The Recording Secretary said the commission's recommendation will be presented to the City Council at its February 11, 1991, meeting. At the February 19th and March 19th Commission meetings, there will be an opportunity to work out the details of the cleanup day. Then the final proposal and cost estimates could be presented to the City Council at its March 25, 1991, meeting. The Director of Recreation noted a flyer advertising the cleanup day could be inserted in the City's newsletter. Chairperson Sorenson requested that Commissioner Pollock prepare a more formal proposal for the February 19, 1991, commission meeting. Commissioner Pollock said she may not be in attendance at the February meeting. The Recording Secretary asked what would occur if it rains on the day of the cleanup, and the Director of Recreation said the event take place rain or shine. Commissioner Pollock suggested the participants should wear appropriate gear depending on the weather. EUGENE HAGEL ARBORETUM- DEDICATION The Director of Recreation noted that former Park and Recreation Director Gene Hagel was very happy when notified about the arboretum dedication. He suggested a definite date can be selected at the next Commission meeting. The Recording Secretary will determine when Arbor Day is and prepare a resolution for presentation to Hagel at the dedication. WATER SLIDE PROPOSAL The Director of Recreation said he is gathering information regarding the possible installation of a water slide at the Community Center swimming pool. He distributed some information regarding water slides and noted he has a trip planned to the City of Sh- oreview where a water slide is located in its Community Center. He added the City of Crystal installed a water slide at its outdoor swimming pool and is finally making money on it. Commissioner Russell asked what the cost of the water slide is, and the Director of Recreation said it would probably be a maximum of $200,000. Chairperson Sorenson asked what kind of fees customers would pay to use the facility, and the Director of Recreation said there are various options, including a per time fee or a pass to use all afternoon. Commissioner Pollock asked what would happen with lap swimming, and the Director of Recreation said the City would still have it. He noted they would look at opening the water slide when kids are not in school. Commissioner Peterson asked what kind of revenue is generated from having a water slide, and the Director of Recreation said Crystal cleared $25,000 last summer. He added if the commission recommends proceeding with a proposal, much more of the information could be gathered and presented to the Commission. Chairperson Sorenson asked how long it takes to pay for a water slide, and the Director of Recreation said it would probably take approximately five years to pay a 1/15/91 3 Park and Recreation Commission Meeting $200,000 bill. He added more information is needed to properly answer these types of questions. Chairperson Sorenson asked what the other side benefits of having a water slide are, and the Director of Recreation said people will be brought into the Community Center to help the pool pay for itself. Chairperson Sorenson pointed out that it would be five years before any revenue could be raised. The Director of Recreation said it is possible that the water slide would be paid off faster than that. Commissioner Peterson asked what type of patronage would be expected during the summer months, and the Director of Recreation said not a lot. This is based on the age of the population, the fewer number of children living in the community, competition with health clubs, and cost. Commissioner Peterson asked what type of money a water slide will generate, and the Director of Recreation said this is what needs to be further investigated. Commissioner Peterson asked what the City's competition would be, and the Director of Recreation said the cities of Shoreview and Chaska are the only communities in the metro area with indoor water slides. Commissioner Skeels asked if the rest of the pool is useless when the water slide is open, and the Director of Recreation said it would not be as the water slide only uses two lanes at most. The Director of Recreation noted that the City would have to look into insurance considerations. Chairperson Sorenson asked what the cost of conducting a feasibility study is, and what would be involved in it. The Director of Recreation said he did not know at this time. Commissioner Shinneck suggested concrete information be obtained from the cities of Shoreview, Chaska, Crystal, and any other cities that might have some information. Chairperson Sorenson asked how the City would handle the concession area with over 1,000 people a day using it. The Director of Recreation suggested there may be a need for some expansion, but initially the pool tables could be moved. Commissioner Shinneck asked if a lot of money is made on the pool tables, and the Director of Recreation said between $500 and $800 a month is cleared on the pool tables and video games. Commissioner Shinneck said the concession areas may have to be expanded. Chairperson Sorenson suggested that part of the study should be to determine if more traffic is generated, what should be done to handle this. There was motion by Commissioner Russell and seconded by Commissioner Shinneck to recommend that staff study the feasibility of a water slide and the impact on operations, including considerations on space for concessions, the game room, the locker rooms, and so on. Commissioner Mead asked what the time line of the study will be, and the Director of Recreation said he will begin working on it immediately. Commissioner Peterson asked how long it takes to construct a water slide, and the Director of Recreation said he did not know. Commissioner Peterson asked if water is circulated around the swimming pool, and the Director of 1/15/91 4 Park and Recreation Commission Meeting Recreation said e i i h is not sure of,these details. Upon vote being taken on the foregoing motion, the motion passed. RECESS There was a motion by Commissioner Russell and seconded by Commissioner Skeels to recess the meeting. The motion passed. The park and recreation commission recessed at 8:33 p.m. and reconvened at 8:44 p.m. STATUS REPORT - EVERGREEN PARK ELEMENTARY SCHOOL PTO REQUEST The City Manager reported he had met with representatives of the Evergreen Park Elementary School Parent Teacher Organization (PTO) and a physical education teacher from the school. Another meeting will be scheduled with the principal and other school officials. He noted the City Council requested City staff to work cooperatively with school officials in preparing a final proposal for the council to review. The City Manager reviewed the school's interests and the City's interests. He noted the City's engineering department is preparing cost estimates on various options. Commissioner Mead noted when softball games are scheduled at the Evergreen Park fields, the only practice area is the open area. The City Manager reviewed proposals for the playground, running track, and basketball court areas. Chairperson Sorenson asked how the process fits in with the time line of the school. The City Manager said the school officials will have to make some decisions and then a concept for review and recommendation will be presented to the City Council. OTHER BUSINESS The City Manager noted the golf course now has its title. There was discussion on the golf course relating to mortgage payments, depreciation, and changes on how to handle no shows during the golfing season. There was further discussion regarding the ducks and geese at the golf course. The Director of Recreation reviewed the number of trees brought for disposal to the City garage in January. He noted on the first Saturday, 946 trees were brought in, and on the second Saturday, 146 trees were brought for disposal. The Director of Recreation said the 1991 Entertainment in the Park schedule has already been arranged, and another super year is expected as long as there are not substantial funding cuts made by the State to the City. The Director of Recreation reported there should be a street worker funded through the State of Minnesota to work with at risk children. He said he is working with Police Captain Scott Kline and Jim Norwick from Brooklyn Center High School to develop a recreation program for at risk children. He asked Commissioner Shinneck if many of these at risk children participate in little league activities, and Commissioner Shinneck said not usually 1/15/91 5 Park and Recreation Commission Meeting asked how this is controlled, and the Director of Recreation said chemicals are used to control it. Chairperson Sorenson inquired about the goose population, and the Director of Recreation noted the golf course has the worst situation. He added the City is in the process of signing a new contract with Dr. Cooper of the University of Minnesota to assist in controlling the goose population. Commissioner Peterson asked what has happened with the Twin Lakes' study results. The Director of Recreation noted the study is complete; however, no funding is available for the proposal at thi time. WATER SLIDE PROPOSAL The Director of Recreation distributed information regarding the proposed water slide and requested the commission to review the information and be prepared to discuss it at the March commission meeting. He said although there is a great deal of information provided to the commissioners, more can be obtained if necessary. RECESS There was a motion by Commissioner Peterson and seconded by Chairperson Sorenson to recess the meeting. The motion passed. The park and recreation commission recessed at 8:24 p.m. and reconvened at 8:40 p.m. COMMUNITY CENTER MEMBERSHIPS Because Councilmember Pedlar is the person who requested having this item on the agenda, the commission agreed to table it to the next meeting when Councilmember Pedlar may be present. SET NEXT MEETING AGENDA The items to be discussed at the March 19, 1991, park and recreation commission meeting will include the Evergreen Park Elementary School PTO request, Shingle Creek and Palmer Lake cleanup, Hagel Arboretum dedication, water slide proposal and community center memberships. OTHER BUSINESS Commissioner Russell asked if the City is still considering updating the park equipment in Central Park. The Director of Recreation said some day this may be accomplished. He noted the City is going to need assistance in planning the replacement of playground equipment in the parks. Chairperson Sorenson suggested the City establish a fund for replacement of playground equipment. He noted it is inevitable that the equipment will not last forever, and by setting up a special fund, replacements can be made each year as needed. Chairperson Sorenson suggested the commission work on establishing a timetable for replacement and funding to replace the equipment. There was brief discussion Park and 2/19/91 3 Recreation Commission Meeting and feels there is an opportunity to provide an incentive to City employees by providing them some sort of membership to the community center. The more people using the pool, the less chlorine and heat that is used. He suggested City employees be allowed to use the facility either for free or at a reduced rate. He noted at one time Hennepin County had an employee incentive program which paid for health club memberships if an employee took few sick days. He noted senior adults are already using the facility at reduced rates. He said fire department members work as volunteers with minimum pay, and he would like to see them use the pool. Chairperson Sorenson asked if the City had any difficulty recruiting employees so that some sort of incentive would be needed. Councilmember Pedlar said he does not think an incentive such as this is needed for hiring. Commissioner Pollock noted it is good for morale and healthy for employees to be fit. Commissioner Peterson noted if the commission considers allowing fire fighters to use the facility, other volunteers should also be included, such as advisory commissioners. The Director of Recreation asked if the City should then go so far as to extend golf course memberships to its employees. Councilmember Pedlar said there are enough people using the golf course. The Director of Recreation said he has a problem with allowing City employees to use the pool at a reduced rate, because there are many City employees who are nonresidents of Brooklyn Center and do not pay local taxes. He feels these people should not benefit when the taxpayers of the city cannot benefit. Commissioner Peterson asked how many people would be impacted by this policy, and the Recording Secretary said there are 142 full -time employees, 200 to 300 part -time employees, 40 volunteer fire fighters, and approximately 50 other volunteers and advisory commissioners. Commissioner Russell said there might be better acceptance of this program if an incentive was given to employees, such as tying use of the pool to low use of sick leave. There was a motion by Commissioner Peterson and seconded by Commissioner Russell to table discussion of the community center memberships to the next meeting. The motion passed. HOCKEY AND SKATING RINK WARMING HOUSES This item was tabled to the next park and recreation commission meeting. RECESS The park and recreation commission recessed at 8:25 p.m. and reconvened at 8:34 p.m. WATER SLIDE PROPOSAL The Director of Recreation said attendance at the pool has been down in recent years. He reviewed some of the programs the recreation department is providing, but he said this is not enough 3 -19 -91 -4- Park and Recreation Commission Meeting to cover all of the City's expenses. He noted a wave pool is not feasible because of the type of swimming pool the City has. The Director of Recreation said an architect has said it is possible to fit -a water slide in the City's community center, and information regarding water slides was distributed to commissioners at the last meeting. He reviewed how well other cities with water slides have been doing, including Crystal, Winona, Chaska, and Shoreview. Chairperson Sorenson pointed out the number of examples given are for outdoor pools. The Director of Recreation said there is no doubt that unless a water slide is installed, the City will continue to not make money on the swimming pool. He noted water slides have been popular in warmer regions for years, and the key to getting people to use the pool will be a water slide. He added the water slide will not cut into lap swim and the current schedule of swimming lessons. Chairperson Sorenson asked what the cost would be for a water slide, and the Director of Recreation said the maximum estimate is $200,000, which could be paid back in four to five years. Commissioner Mead asked what the mechanics of charging people will be, and the Director of Recreation said the City of Crystal charges $1.00 for seven rides. He said Chaska and Shoreview charge $1.00 extra for admission, and users wear bracelets which change colors every day. He noted there are some problems getting the slides to work just right at the beginning, and insurance is expected to increase a little but not prohibitively. Commissioner Russell said a water slide does not look like it would need a great deal of maintenance. Councilmember Pedlar pointed out the slide would have to be inspected on a daily basis. Chairperson Sorenson asked if additional costs besides that of the actual water slide have been estimated, including labor, and Councilmember Pedlar said he would like to see financial projections for the water slide. The Director of Recreation said if the city council conceptually approves the water slide, the next step would be to make those financial projections. Chairperson Sorenson noted he sees restaurants packed, but they still go out of business. Commissioner Russell suggested hiring additional lifeguards would create an on -going increased cost, whereas other costs are initial, one -time expenses. Commissioner Peterson asked how many days a year the pool in Crystal is open, and the Director of Recreation said 67 days. Commissioner Russell pointed out that Brooklyn Center's pool would be open many more days than this. Commissioner Peterson suggested if the demand is there, the City would have to open it up more often. Councilmember Pedlar said the Winona financial statement does not show expenses prior to installation of the water slide. He again requested more financial information. The Director of Recreation noted that approximately $5,000 may be needed to expand the snack bar. 3 -19 -91 —5— Park and Recreation Commission Meeting There was a motion by Commissioner Peterson and seconded by Commissioner Russell to recommend to the city council that an in- house financial investigation be conducted to determine the possibility of installing a water slide at the community center. The motion passed. REPLACEMENT OF PLAYGROUND EQUIPMENT The Director of Recreation said some of the park equipment is in need of replacement, some sooner than others. Commissioner Mead asked why the equipment needs to be replaced and wondered if it is due to weather or vandalism. The Director of Recreation noted some of the wood is rotting. He suggested the commission look at short- and long -term plans. Commissioner Pollock asked if the new equipment is that much different from the old equipment, and the Director of Recreation said it has changed somewhat. Commissioner Mead suggested the City put together an inventory of equipment if it has not done so already, because when planning, it is necessary to know where to start. The Director of Recreation noted that after the park bond issue was passed in 1980, a lot of equipment was installed at the same time. He suggested the commissioners look at the equipment that is out there and report back at the next meeting. Commissioner Pollock asked if there would be anywhere the City could eliminate equipment, and the Director of Recreation said this is something to keep in mind. The commissioners agreed to look at equipment in their neighborhoods as follows: Chairperson Sorenson - Willow Lane, West Palmer, and Freeway Parks; Commissioner Pollock - East Palmer, Firehouse, and Riverdale Parks; Commissioner Shinnick - Grandview, Bellview, and Lions Parks; Commissioner Russell - Northport, Happy Hollow, and Twin Lakes Parks; Commissioner Mead - Kylawn, Orchard Lane, and Brook Lane Parks; Commissioner Peterson - Wangsted, Garden City, and Central Parks. The commissioners will look at the condition of the equipment, take pictures if possible, and be prepared to discuss this at the next meeting. OTHER BUSINESS Commissioner Peterson asked what the status of the Joslyn site is, and the Director of Recreation said he had no new information about it. He noted there is a residential development in progress in the area, and the City is obtaining some of the land for the trail system. He added the Joslyn site is in the process of decontamination. The Director of Recreation noted the chairpersons of the Brooklyn Center, Robbinsdale, and Crystal park and recreation commissions, along with the respective park and recreation directors, will be meeting to discuss the Twin Lakes' area on March 21, 1991. He added in the future, it is hoped that all three park and recreation commissions can meet at a joint meeting. He said the reason for doing so is to be prepared so that if money becomes available, the cities will be able to move quickly on plans they 3 -19 -91 -6- Park and Recreation Commission Meeting CITY OF BROOKLYN CENTER Council Meeting Date 4/ -- 91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - Controlling Driveway Widths and Paving in Front Yards and Yards Abutting a Public Street ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: t . Ronald A. Warren, Director of Planning and Inspection MANAGERS REVIEW /RECOMMENDATION: A; No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached X ) • On the April 22, 1991 City Council agenda is a discussion item related to controlling driveway widths and paving in front yards and yards abutting a public street. This item was also the subject matter of a City Council discussion on February 25, 1991. We have been struggling with various ideas on how to best control and regulate the parking and storage of vehicles in front yards and yards abutting public streets. Attached are copies of the February 25, 1991 Request for Council Consideration, a January 16, 1991 memo relating to a yard coverage ordinance and a listing of other communities' residential paving limitations which were all presented to the City Council for consideration on February 25, 1991. Also attached is a draft ordinance that the staff has prepared and has discussed that attempts to address some of the concerns raised. This ordinance would amend Section 19 -103 of the City ordinances relating to nuisances involving the parking and storage of vehicles on occupied residentially used property by deleting the provision that allows authorized driveways and paved or graveled extensions of these driveways to be up to 50% of the front yard or yard area abutting a public street. Instead, this section would require that all driveways and extensions of driveways now comply with limits established in Section 25 -501. • SUMMARY EXPLANATION Page 2 Section 25 -501 of the City ordinances deals with the construction of private driveways and sidewalks. This section would be amended to make it clear that it pertains to driveways and sidewalks on private property as well as the boulevard or public portion of the street right -of -way. The proposal would add a subdivision that would limit driveways for single - family and two - family residential dwellings to no more than 24 in width at the curb line and through the boulevard portion of the street right -of -way. Another proposed subdivision would require the following: 1. All driveways for single - family and two - family residential dwellings to be hard surfaced such as concrete, asphalt, or a well compacted gravel. 2. Driveways leading to a garage would not be allowed to exceed the width of that garage. 3. Driveways not leading to a garage would be limited to 12 in width. 4. Paved or graveled expansions of authorized driveways O would be limited to 12 for parking or turnaround areas. 5. The total area for authorized driveways or paved or graveled expansions would be limited to the above dimensions or 50% of the front yard or yard area abutting a public street, whichever is less. The impacts of these proposed provisions will vary. Probably the most significant is requiring a hard - surfaced driveway. We have had discussions regarding the possibility of only requiring hard - surfaced driveways in front yards or yards abutting a public street as this is the area other provisions of the ordinance involving parking and storage of vehicles relate to directly. Enforcement of such provisions is an area that will require City Council direction. It has been suggested that the Council, by resolution, establish a time line for compliance, particularly the requirement for hard - surfaced areas and the restoration of areas that currently exceed the limits established by the ordinance. Restoration of boulevard areas as well as front yards and yards abutting a public street is recommended and may be a hardship for some persons. It has been suggested that a notice giving persons up to say, three years to comply, might be reasonable. We do not recommend at this time considering "grandfathering" situations that don't comply or making the ordinance only effect people putting in driveways or expanding driveways after a certain date. Enforcement of these types of situations would be extremely difficult, and most SUMMARY EXPLANATION Page 3 of the problems that this ordinance is attempting to address, already exist. Recommendation The "draft" ordinance presented is for discussion only and is not offered for a first reading by the City Council. We will be prepared to discuss this matter in more detail at Monday evening's meeting and to respond to questions and suggestions the City Council may have. • I � � w CITY OF BROOKLYN CENTER Council Meeting Date 2/25/91 Agenda ftem Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Discussion Item - Controlling Driveway Widths and Paving in Front Yards and Yards Abutting a Public Street 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 attache On the February 25, 1991 City Council agenda is a discussion item related to the possibility of developing' regulations for residential areas which would attempt to control driveway widths and paving of yards abutting public streets. Attached is a copy of a memo to the City Manager regarding concerns with a recently adopted Nuisance Ordinance which might be considered to encourage paving of yards well beyond what the City Council might favor. This ordinance. restricts parking in front yards and yards abutting public streets to driveways and paved or graveled extensions of driveways. The ordinance limits this paving or driveway extension to not more than 50% of the yard. Besides possibly encouraging people to pave or utilize too much of their front yards for parking and storing vehicles, trailers, etc., the provision could also be used for allowing excessively wide driveways. For instance, a typical single family - residential lot with a minimum width of 75 could have a driveway opening at the street of 37.5 A corner lot with a depth of 120 could possibly have a 60 wide driveway. As the memo suggests, we believe it would be appropriate to adopt an ordinance provision limiting the width of driveways at the street line or property line to some maximum width such as 24 This would help control one problem. SUMMARY EXPLANATION Driveway Widths and Paving Page 2 However, this leads to other potential problems and concerns relating to other aesthetic and property maintenance matters. Should we consider reducing further the 50% limit on paving in yards abutting streets? There are within the city some 50' and even 40' wide lots. The 50% limit might be restrictive to the smaller lot and may be excessive on the standard size or larger lot. An "eyeball survey" of the city's residential areas will show a wide variety of ways people have paved yards to accommodate parking and turnaround areas in their yards. We seem committed to trying to limit car, snowmobile, recreation vehicle and other authorized vehicle parking to driveways and paved or improved extensions of driveways. But how much becomes too much? Should we consider a maximum amount of paving beyond a normal driveway width and percentage of yard coverage combined? This subject has also lead to other questions and concerns. The engineering department has suggested that if we establish minimum driveway widths on the boulevard portion of the street right -of- way, that perhaps we should establish also a requirement for paved or improved driveway aprons across the boulevard portion of the right -of -way to prevent undermining of the roadway, especially in areas with sidewalks. The City does not require improved driveways on residential lots other than on multiple family residential developments. Should we consider such a requirement for single - family and two - family residential lots? If so, when do we start to enforce such a requirement? General discussion of these subjects by the City Council is encouraged to see if there is interest in pursuing any of the above, or perhaps other suggestions as well. , 1 MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Ronald A. Warren, Director of Planning and Inspectidz SUBJECT: Yard Coverage Ordinance DATE: January 16, 1991 As follow -up to our January 2, 1991 meeting, you have requested me to review a City Council raised concern regarding a recently adopted Nuisance Ordinance provision that limited authorized driveways and paved or graveled extensions thereof to not more than 50% of a front yard or a yard area abutting a public street. The City Council was concerned that this provision might lead, or encourage, people to pave or utilize too much of these yards for the purpose of parking and storing vehicles, trailers, recreation vehicles, snowmobiles and other types of vehicles. We had discussed the possibility of limiting driveway widths in residential areas as a means of controlling this problem. I have discussed such a suggestion with Mark Maloney, City Engineer, who is looking at a possible maximum driveway width at a street line. He has not as yet suggested such a dimension, but does agree that limiting a driveway width in a residential area would be a positive thing. I suggest that we consider amending Chapter 25 of the City Ordinances which deals with streets and highways, specifically at Section 25 -501 which deals with the construction of private driveways and sidewalks, to add a subdivision c which would allow driveways in residential areas to be no greater than 24' in width. Mark may wish to modify this suggested width based on his expertise, and I certainly would have no problem with such a modification. I've also had Gary Shallcross contact a few communities in the area to see if they regulate the amount of yard area which can be paved or hard surfaced or regulate driveway widths. Attached is a copy of the results of his quick survey. I believe restricting driveway widths at the street line would have a positive effect of limiting the amount of hard surfaced area being utilized within a particular yard. The question is whether or not we want to go further in attempting to control this matter. January 9, 1991 RESIDENTIAL PAVING LIMITATIONS CITY LIMITATION Brooklyn Park Maximum width of driveway of 30 Most park on paved surface. At least 5' from property line. Can't expand more than 10' in any direction. No restriction on rear yard. Require permit for driveway, but don't enforce. Crystal Driveway opening 22' maximum (don't rigidly enforce). 50' from intersection; 40' apart; 1 opening per lot. Can't widen driveway toward principal structure. Opening must be at least 3' from side lot line. Enforced on complaint basis. Permit for opening into concrete curb, not into bituminous. Columbia Heights Golden Valley No restrictions on driveway size. No written restriction on driveway openings. Handle on case -by -case basis. They do issue permits for driveway openings. Maple Grove No specific driveway width. Maximum width across boulevard is 24' without Engineering Department approval. Thinks a permit required for driveway opening. New Hope Only one driveway. Must be 5' from property line. 40' from intersection. Maximum driveway curb cut is 24 Concrete driveway must be 5" thick, 6 Class 5 gravel base. Cars must be parked on hard surface. Robbinsdale 22' wide curb opening. No limit on driveway. Engineering Department issues permits on curb cut. St. Louis Park No limit on size of driveways. Can't park on lawn. Driveway must lead to garage or parking space. No permit system for driveways. Public Works issues permit for curb opening. 22' maximum width. DRAFT CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1991 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapters 19 and 25 of the City Ordinances regarding the construction of private driveways and sidewalks. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 19 AND 25 OF THE CITY ORDINANCES REGARDING THE CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapters 19, Section 103, Subd. 14 is hereby amended as follows: Section 19 -103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 14. The outside parking and /or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19 -1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed [50% of the front yard or a yard area abutting a public street] the limits established by Section 25 -501 of the City Ordinances unless approved by the city council as part of a plan approval for an apartment complex pursuant to Section 35 -230 of the City Ordinances. Section 2. Chapter 25, Subd. 501 is hereby amended as follows: CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS Section 25 -501. WHEN AUTHORIZED. Property owners are hereby authorized to construct driveways and sidewalks on private property and on property traversing the boulevard connecting onto the streets owned by the City of Brooklyn Center subject to the following conditions: I a. Such construction work must be done at the expense of the property owner and no such construction work shall impair or damage the street. b. The granting of permission by the council for this purpose shall give the owner no right or claim against the City if and when the City shall regrade the streets and shall otherwise improve or maintain said streets so that if following any construction or maintenance work on the streets, the property owner is required to reconstruct the driveway or sidewalk as a consequence thereof, he shall not be entitled to any reimbursement by the City. C. Driveways for single family or two family residential dwellings shall not exceed 24 feet in width at the curb line and through the boulevard portion of the street right -of -way. d. Driveways for single family and two family residential dwellings shall be of hard surface such as concrete, asphalt, or a well compacted gravel in accordance with Engineering Department specifications. Driveways leading to a garage shall not exceed the width of said garage. Driveways not leading to a garage are limited to 12 feet in width. This section of the ordinance shall not prohibit a paved or graveled expansion of an authorized driveway by twelve feet for vehicle parking or a turnaround area. The total area allowed for authorized driveways and paved or graveled expansions thereof may not exceed the above limits or 50% of the front yard or the yard area abutting a public street, whichever is less. Section 3. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Todd Paulson, Mayor ATTEST: Deputy Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) CITY OF BROOKLYN CENTER Council Meeting Date 4/22 9l Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM - 69TH AVENUE IMPROVEMENT DEPT. APPROVAL: SY KNAPP, 61 CTOR OfePUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: a � No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Item A - Status Report Re: Stage 1 - Project Development Plans • At the April 22 Council meeting, Short - Elliott- Hendrickson Inc. (SEH Inc.) will be prepared to review the current status of "Stage 1 - Project Development" plans. In summary, these plans will show: • the proposed roadway alignment /geometric layout plan which City staff and SEH Inc. believe represents the optimum plan based on our consideration of (1) public input received during 3 public informational meetings which have been held, a number of additional meetings held with individual owners and with small groups of owners, and written correspondence which we have received; (2) established standards for Municipal State Aid street projects; and (3) considerations relating to general public benefit (safety, aesthetics, etc.). • areas where there are opportunities for landscape treatments; and • optional landscape treatments which can, to some extent, be tailored to meet the individual requests of property owners abutting the new 69th Avenue roadway. Item B - Public Information Meeting - May 1 City staff and SEH Inc. will conduct another public information meeting (in Constitution Hall at the Community Center, at 7:00 p.m. on Wednesday, May 1) to review the proposed alignment /geometric layout plan along with a discussion of landscape options, and other information regarding the status of this project. Individual letters of invitation to this meeting will be sent to all property owners one block of 69th Avenue between Brooklyn Boulevard and Shingle Creek Parkway. Following this meeting, and following receipt of comments and approvals from state and federal permitting agencies, City staff and SEH Inc. will prepare and submit a finalized alignment /geometric layout plan to the Council for review and approval. That approval will then form a basis for updating project cost estimates (as required under SEH's current contract for services) and for requesting the development of a proposal for professional services relating to final plans and specifications and construction management. Note SEH's fees, through March 31, under their existing contract for services, total 69% of the maximum allowed under that contract. They will submit a detailed report and evaluation of their fees for review at the May 13 meeting. Item C - SEH, Inc. Proposal to Prepare Plans and Specifications for Construction of Phase I Improvements (Soil Correction in Palmer Lake Segment of 69th, Compensating Storage and Wetland Mitigation) Because of existing soil conditions within the Palmer Lake portion of this project (up to 50 feet of unstable soils) it is necessary to initiate the soil correction phase of construction in summer of 1991 so as to provide adequate time to allow placement of a surcharge and consolidation of the existing soils. ( Note : Early_ implementation of this phase of the project is critical to keeping the entire 69th Avenue project on schedule - for completion by late 1992 Detailed plans and specifications for this work must be prepared and submitted to the State Aid Office of MNDOT for approval before proceeding with • the taking of bids for construction. In addition, all work required to provide "compensating storage" and "wetland mitigation" needs to be combined with this phase of the project to assure proper coordination of work required under permits from state and federal agencies. Applications for these permits were submitted in early March. We expect to receive approvals in mid -May or early June. In considering the need to obtain consulting services for this work, I believe there is a very strong need to assure a continuity of these services from the project development stage (which is now 69% complete) through the final design phase and through the construction phase. This need to assure continuity relates (1) to public relations (with abutting property owners and other neighbors), (2) to assuring compliance with permits from state and federal agencies, (3) to coordinating detailed design with private utility companies, (4) to the special attention which must be exercised in this soil correction project, and (5) to many other concerns which have been identified during the project development phase. By continuing to employ SEH through the entire process, we assure this continuity, and with it - an undivided responsibility for that firm to assure the success of the project Alternatively switching to a different consultant could Y o PP many "opportunities" for divided P responsibilities (i.e. - pointing fingers). Because SEH Inc. has provided excellent service on this project during the project development phase, it is my opinion that the City will be best served by continuing to employ SEH Inc., so long as they offer a fair and reasonable • contract. Accordingly, I requested SEH Inc. to submit a proposal for professional services covering this phase of the project. A copy of their proposal is attached. Based on my review of SEH's proposal, I submit the following comments: (1) The "Scope of Work" as described in Sections I, II, and III of Exhibit A appears to be complete, covering all needed services to the extent that the City's needs for this work can be anticipated at this time. (2) The proposed payments to the consultant are described in Section IV of Exhibit A, and in Exhibits B and C. Essentially, the proposed fees would be determined as follows: Phase I -A - Preparation of Plans and Specifications Item 1 - SEH's payroll costs x 2.13 plus Item 2 - SEH's mileage and direct expenses plus Item 3 - charges from geotechnical subconsultant (STS) ----------------------------------------------------------- Phase I -A subtotal, for plans and specifications, Not -to- Exceed............ $28,800 Phase I -B - Construction Engineering Services Item 1 - SEH's payroll costs x 2.13 plus Item 2 - SEH's mileage and direct expenses plus Item 3 - charges from geotechnical subconsultant (STS) • ------------------------------------------------------------ Phase I -B subtotal, for construction engineering services - estimate = $61,200 Estimated total costs under this contract = $90,000 (3) It is my opinion that this proposal provides a fair and reasonable basis for reimbursing the consultant, noting that: • The proposed salary multiplier (2.13) to cover the consultants overhead and profits (i.e. - employee benefits, office and equipment costs, taxes and insurance, etc., and profit) is fair and reasonable. • The mileage and direct expenses and charges from the subconsultant are pass -thru costs, with no add -ons. • At this time, enough information is available to allow a determination of the Not -To- Exceed figure for the Phase I -A work (i.e - preparation of plans and specifications). • At this time, the amount of work relating to Phase I -B (i.e. - construction engineering services) is so unpredictable, that it would be unrealistic to establish either a fixed price or a Not -To- Exceed figure. Variables include: the performance of the unstable soils during the correction rocess, the amount of monitoring and P g documentation required to satisfy the permit requirements, and the performance of the contractor to whom the construction contract will be awarded. o Of the $90,000 estimated total cost for services, an estimated $39,359 would be for services of STS Consultants (SEH's subconsultant for geotechnical services). That firm has also done the preliminary geotechnical services. Again, this provides a continuity of responsibility throughout the project. Accordingly, I recommend acceptance of the attached proposal from SEH Inc. City Council Action Required Item A - review and comment - no action required. Item B - for your information - no action required. Item C - a resolution accepting SEH Inc.'s proposal is provided for consideration by City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL FROM SEH INC. TO PREPARE PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PHASE I IMPROVEMENTS (SOIL CORRECTION IN PALMER LAKE SEGMENT OF 69TH, COMPENSATING STORAGE AND WETLAND MITIGATION) IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990 the City Council ordered reconstruction of 69th Avenue North between Noble Avenue and Shingle Creek Parkway, Improvement Project No. 1990 -10; and WHEREAS, by Resolution No. 90 -139 adopted on July 9, 1990 the City Council approved a contract with Short - Elliott- Hendrickson Inc. (SEH Inc.) to provide professional services relating to Stage 1 - Project Development plans; and WHEREAS, SEH Inc. has presented a status report regarding the project development plans to the Council; and WHEREAS, the Director of Public Works has advised the Council that it is imperative to proceed at this time with the preparation of plans and specifications for construction of Phase I improvements (soil correction in the Palmer Lake segment of 69th Avenue, plus compensating storage and wetland mitigation) in order to stay on schedule for completion of this project in 1992; and WHEREAS, SEH Inc. has submitted a proposal to develop plans and specifications and to provide construction engineering services relating to Phase I construction and the City Council finds said proposal to be appropriate and acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposal submitted by SEH Inc. to provide professional services relating to Phase I construction of Improvement Project No. 1990 -10 at an estimated cost of $90,000 is hereby accepted. 2. The Mayor and City Manager are hereby authorized and directed to enter into contract with SEH Inc. on the basis of that proposal. 3. All costs relating to this improvement shall be charged to Municipal State Aid Street Fund, Account No. 2613. I - RESOLUTION N0. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. AV EH OENG INEERS ■ARCHITECTS PLANNERS 3535 VADNAIS CENTER DRIVE, ST PAUL, MINNESOTA 55170 612490-2000 April 16, 1991 Mr. Sy Knapp, Director of Public Works City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Knapp :, Enclosed is the financial proposal and draft contract for the 69th Avenue reinforced embankment construction and wetland mitigation site excavation. This is the first phase of construction for the 69th Avenue roadway improvement. Approx- imately 800 feet of the proposed roadway alignment crosses a portion of wetland in the Palmer Lake Basin. Geotechnical exploration and evaluation determined it necessary to surcharge the unstable subgrade soils in order to preconsolidate the soils and limit the amount of post construction settlements. The fill for the roadway embankment encroaches upon wetlands under the DNR I o wet P and Corps of Engineers jurisdiction. To compensate for the loss of water storage and wetland area, two nearby sites will be excavated and graded to create new wetland areas. This proposal presents a detailed outline of work necessary to provide the City with construction plans and specifications and engineering services during construction. Mn /DOT state -aid funding requires that a final set of plans be submitted for the portion of the roadway to be surcharged for their review. This proposal includes the standard Agreement for Engineering Services, Exhibit "A" outlining SEH's scope of work, Exhibit "B ", the geotechnical proposal outlining STS's scope of work, and Exhibit "C ", a detailed manhour estimate for SEH. SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN Mr. Sy Knapp April 16, 1991 Page #2 We hope you find the proposal satisfactory. We will be happy to meet with you to discuss the proposal and are looking forward to working with the City on this phase of the project. Sincerely, SH©Rfi: HENDRICKSON, INC. / , C Richard E. Moore, P.E. Department Manager -M -2 REM /cih Enclosure EXHIBIT "A" SCOPE OF WORK I. GENERAL PROJECT SCOPE The scope of the consultant services includes preparing plans and specifications for the 69th Avenue reinforced embankment construction and wetland mitigation site excava- tion. The services will also include final design of the plan and profile for the segment of the roadway from Station 139 +00 to Station 148 +00. The general project scope for this project includes bidding and award services and construction services for this phase of the work on 69th Avenue in the City of Brooklyn Center, Minnesota. In order to receive Mn /DOT state -aid funding, a final set of plans for the area of the roadway in the surcharge fill area must be prepared for their review. SEH will finalize the plan profile, typical section and storm sewer design in this area for their purpose. II. PROJECT SCHEDULE It is necessary to proceed with the staged embankment construction in the area of the unstable soils in the Palmer Lake Basin in the summer of 1991 to allow the peat soils to consolidate and stabilize prior to construction in 1992. It is desirable to begin the embankment construction in July of 1991. Completion of the design effort must be undertaken quickly to allow for review by the City of Brooklyn Center, Minnesota Department of Transportation and other agencies. The project design schedule is identified as follows: April 23, 1991 SEH commences work May 20, 1991 City Council approves plans and specifications, orders Ad for Bid Ma 24 1 May 3 , June 7, 1991 Advertisement for Bid June 18, 1991 Open Bid July 1, 1991 Council awards project July 8, 1991 Construction begins November, 1991 Embankment construction completed July, 1992 Surcharge period ends excess material removed. III. BASIC SERVICES OF THE ENGINEER A. General The Engineer agrees to perform professional services including the final design and construction services in connection with the project as described below. B. Plans and Specifications 1. SEH will finalize the alignment plan and profile for the segment of the roadway from Station 139 +00 to Station 148 +00. A profile will be developed for the anticipated settlements and surcharge fill. 2. Typical sections and cross sections will be developed for the roadway plan and the embankment construction. 3. Final storm sewer design will be undertaken in order to size and properly place the culvert at the low point in the embankment. 4. Prepare grading plan for the detention basin north of the roadway. 5. Permanent and temporary erosion control require- ments will be included in the construction documents. Special details for sediment traps, outlet construction and skimmers will be included. 6. SEH will prepare a final grading plan for the South Palmer Lake Park and Shingle Creek Wetland mitigation sites based on the preliminary plans submitted for permits and in accordance with the requirements of the regulatory agencies after their review of the preliminary plans submitted. 7. SEH will prepare technical specifications and bidding documents for the reinforced embankment construction and wetland mitigation site excava- tion and grading. 8. SEH will prepare the statement of estimated quantities, an engineering cost estimate divided into participating and non - participating columns for state -aid participation. 9. SEH will coordinate with Mn /DOT for final plan review. This includes plan submittal and one revision after Mn /DOT review. 10. SEH will coordinate with the four affected utility companies associated with the project for their information, review and comments as appropriate. 11. SEH will subcontract with a geotechnical subcon- sultant for review of the plans and specifications for the reinforced embankment portion of the project. 12. The geotechnical subconsultant will assist SEH in performing a maximum of six additional borings and gradations in the Shingle Creek mitigation site to estimate the amount of suitable material that could be excavated and used in the embankment fill. C. Bidding and Award 1. SEH will prepare the proposal form and advertisement for bids and assist the City in preparation of contract documents. 2. SEH will be present at the bid opening, check extensions on submitted bids and prepare a bid tabulation. D. Construction Services SEH proposes to subcontract with STS Consultants, Ltd. for the testin g g and monitoring services considered necessary to evaluate the embankment performance during the roadway embankment construction and surcharge periods. Their scope of work is attached as Exhibit "B ". STS's scope of work required on this project is summarized as follows: 1. Laboratory testing of geosynthetic reinforcement to check for conformance with the project specifi- cations. 2. Fabrication and installation of geotechnical instrumentation consisting of settlement plates and pneumatic pour pressure cells. 3. Field construction services consisting of observation of geosynthetic installation and fill placement. Settlement plate installation, instru- mentation and monitoring and field density testing of embankment fill materials. 4. Field vane sheer testing and sampling of the peat subgrade soils to determine the amount of sheer strength gained and consolidation during construction. 5. Geotechnical engineering evaluation of the infor- mation collected from Items 1 through 4 above and reporting of results. SEH proposes to provide construction services identified under Section B(2) E, F, H, and I of the Standard Agreement. In addition, SEH proposes to provide construction field surveying and staking. The survey crew tasks are defined as follows: 1. Provide horizontal and vertical control in the roadway embankment construction area. 2. Provide horizontal and vertical control in the mitigation site excavation and grading area. 3. Provide slope staking for the grading operation in the mitigation site area. In general, SEH agrees to furnish a part time resident project representative (RPR). His work will include fulfilling the requirements of Section B(2) E, H, and will be limited because of STS's presence on the site evaluating and monitoring the embankment fill construc- tion. The RPR will assist STS with the settlement plate measurements and generally observe the mitigation site excavation embankment for conformance with the grading plan. IV. PAYMENTS TO THE CONSULTANT A. Method of Payment The City shall compensate the consultant for their services on a monthly basis in accordance with the terms of the standard agreement. The City shall pay the engineer based on payroll cost times a multiplier of 2.13 plus mileage and expenses. The reimbursable expenses incurred in connection with the engineering services will be charged on the basis of actual cost. The total estimated cost for the plan and specifica- tion. preparation is $28,800. A cost of $25,064 is estimated for engineering services for design provided by SEH. A cost of $3,736 is included in the design cost estimate for geotechnical services provided by STS, Ltd. The estimated completion for design services is considered as a "not to exceed" cost that will not be exceeded without prior authorization. The estimated cost for engineering services for construction provided by SEH is $23,341. The construction monitoring and evaluation services will be provided by STS at an estimated cost of $37,859. The estimated cost for engineering services for construction is $61,200. The total estimated compensation to the consultant is $90,000. Our estimates assume that the project progresses essentially as planned without problems and that the project duration is about one year. If additional work beyond the anticipated scope becomes necessary, we will discuss the scope and the costs of such work with you for your authorization before it is performed. Geotechnical Group EXHIBIT "B" 1 STS Consultants Ltd. Consulting Engineers Geotechnical Engineering Services 69th Avenue North Improvement Project Brooklyn Center, Minnesota Short- Elliott - Hendrickson, Inc. ri t F ball IF, ® ' i 1 Ili i ,f April 16. 1991 Ms. Susan M. Mason, P.E. Short - Elliott - Hendrickson, Inc. 3535 Vadnais Center Drive. St. Paul. MN 55110 STS Proposal P -3452 Re: Proposal for Geotechnical Engineering Services During Reinforced Embankment Construction Across the Palmer Lake Basin for the 69th Avenue North Improvement Project in Brooklyn Center, Minnesota: S.A.P. 109 - 020 -07 Dear Ms. Mason: In accordance with your request, we are pleased to submit our proposal for geotechnical engineering and construction monitoring services on the above - referenced project. This proposal contains a brief description of the project, the scope of work which we anticipate will be necessary and estimated costs for the scope of services described. Project Description The 69th Avenue improvement project includes about 900 lineal feet where a new roadway alignment crosses a wetland area located on the south side of the Palmer Lake Basin. Geotechnical recommendations for reinforced embankment design and construction for this wetland crossing were included in our report dated October 26. 1990 (STS Project 95132). This report outlined the testing and monitoring services considered important with regard to evaluation of embankment performance during the construction and surcharge periods. This proposal presents detailed recommendations for testing, instrumentation and evaluation of the reinforced embankment along with estimated costs for the services proposed. Scope of Work The scope of work required on this project can be summarized as follows: I. Laboratory testing of the geosynthetic reinforcement to check for conformance with the project specifications. STS Consultants Ltd. Consulting Engineers 3650 Annapolis Lane Minneapolis, Minnesota 55447 612.559.1900/Fax 612.559.4507 4 Short - Elliott - Hendrickson,. Inc. STS Proposal P -3452 April 16. 1991 Page 2 V-I 2 Fabrication and installation of geotechnical instrumentation consisting of settlement plates and pneumatic pore pressure cells. 3 Field construction services consisting of observation of geosynthetic installation and fill placement. settlement plate installation. instrumentation monitoring and field density testing of embankment fill materials. 4. Field vane shear testing and sampling of the peat subgrade soils to determine the amount of shear strength gain and consolidation during construction. -� 5 ceatechnical e ngineering evaluation of the information collected from items 1 -4 above any �ep�'rting of results. 6 Supplemen exploration to evaluate potential granular borrow at mitigation site. These casks are described in more detail in the following paragraphs. l 'eotextile Testing ` . ''batory testing of the geosynthetic reinforcement proposed by the contractor should be ` prior to acceptance in order to check for conformance to the project specific - This testing would include performance of 12 wide -width tensile strength tests �. D- 4595); three in the machine direction. three in the cross direction, three on seams (D -4884) and three on field seams (D- 4884); and three permittivity tests i ' mentation nical instrumentation required for monitoring embankment performance consists of 'ates and pneumatic pore pressure cells. The settlement plates consist of 's fastened to a plywood base with an outer PVC pipe to reduce downdrag and ween the till and steel riser. The settlement plates are installed by an mician during placement of the first lift of fill. re cells consist of pneumatic transducers placed inside of a sand - filled is pushed to the required depth using a drill rig. After the pressure pushed into the ground. the push pipe is extracted and the plastic rents extends from the embedded cell up to the ground surface. One day v time is estimated for pore pressure cell installation. Pore pressure ined by an engineering or technician prior to fill placement and then .ach lift of fill. ore pressure cell data allow direct monitoring of peat consolidation assessment of shear strength gain in the peat. This monitoring of 7th gain is important for determining the permissible rate of fill ged embankment construction required on this project. Because of 50 feet near the center of the swamp crossing, both shallow and 1 Short- Elliott- Hendrickson. Inc. STS Proposal P -3452 April 16. 1991 Page 3 P'R deep pore pressure cells are recommended at several locations. Our suggested instrumen- tation program for this project is summarized below: Proposed Instrumentation Peat No. of Boring Depth Centerline Settlement No. of Pore Pressure Cell No. (Feet) Station Offset Plates Pressure Cells Depths (Feet) 16A 18.0 142 +00 0 1 0 -- 16B 50.5 143+00 0 1 2 12.5. 25 17 53.0 144+00 0 1 2 20, 40 17 53.0 144 +00 35'L 1 1 20 18A 48.0 145+00 0 1 2 12. 24 18 25.0 146 +00 0 1 1 12.5 19 15.0 147 +00 0 1 0 -- Totals 7 8 3. Field Construction Services As discussed above. settlement plate installation and instrumentation monitoring is pro- posed to be performed by an STS engineer or technician. An STS engineer would be on -site during geotextile placement and during placement of the first lift of fill. Initial con- struction monitoring would include installation of the settlement plates and obtaining pore pressure cell readings. For engineering time during this first phase, we estimate that e s three Cull -time days would he required, one day for g o y nthetic installation and two days w Y for placing the first lift of fill to a thickness of about 3 feet. After the first lift of fill is placed. subsequent lifts will be placed in I foot compacted lifts. We propose that an engineering technician monitor this construction on a part -time basis. In addition to the instrumentation monitoring, the technician would also perform field (tensity testing of each lift of embankment fill. Based on our original engineering evaluation for this project. we anticipate that up to 20 one foot lifts of fill may be required following placement of the initial 3 foot lift. We therefore estimate 20 trips at five hours each for part -time engineering technician services during embankment construc- tion. Our original geotechnical report anticipated that 2 to 3 feet of fill placement per week might be possible. If construction is started in early July, and 2 feet of fill placement per week is assumed, the embankment construction discussed above should be completed in early November. After that time. the engineering technician will periodically visit the i Short- Elliott - Hendrickson. Inc. STS Proposal P -3452 April 16. 1991 Page 4 (� site to obtain instrumentation readings (hiring the surcharge period, which may last until June or July of 1992. We have assumed 12 engineering technician site visits at 2.5 hours per visit for this function. As we have discussed. every site visit for instrumentation monitoring will require the services of an SEH representative in conjunction with the STS engineer or technician in order to obtain settlement plate elevations. 4. Field Vane Shear Testing We recommend that two phases of subsurface exploration /field vane shear testing be per- formed for this project. The field work would be performed using a drill rig and two man crew. The first phase of work is proposed before the embankment is constructed to final height in order that the shear strength gain of the organic subgrade soil could be evalu- ated. The second phase of work would be completed near the end of the surcharge period in order to check the long -term embankment stability based on the final shear strength of the peat. In addition, the second phase would involve acquisition of peat samples and assess - men( of long -term settlement potential based on a comparison of the final peat moisture - density properties and those predicted by the original consolidation testing program. We have estimated one day of drill rig time for the Phase I field vane shear testing and two days of drill rig time for the Phase 11 field vane shear testing and acquisition of samples for laboratory testing. 5. Engineering Services Before construction begins, the project geotechnical engineer will review the project plans and specifications and will also attend the pre - construction meeting for the project. This work prior to construction is expected to require about 8 to 10 hours of engineering time. A geotechnical engineer will be responsible for evaluation and reporting of the testing and instrumentation data generated during project construction. The routine evaluation and reporting is expected to require an average of about 7 hours of engineering time per month. in addition to about 3 hours of CAD - assisted drafting time and 2 hours of secretarial time per month, for a project duration of 12 months. These estimates are related to processing, evaluation and reporting of data and information under routine conditions and do not include additional efforts which may be necessary for problem solving or other unforeseen time requirements. After the second phase of exploration and field vane shear testing, a final engineering evaluation will be performed and a brief summary report prepared. This final evaluation is expected to require 10 to 15 hours of engineering time with associated secretarial and drafting work. Short - Elliott- Hendrickson. Inc. STS Proposal P -3452 April 16. 1991 Page 5 (� 6. Supplemental Exploration Abotit 6 auger probe borings. 10 to 15 feet deep, are required at the mitigation site for further evaluation of potential granular borrow material. Six laboratory P -200 (percent passing the U.S. No. 200 sieve) tests on recovered samples are planned for evaluation of material suitability. Cost Estimate Based on the scope of work proposed herein. we estimate the following fees for this proj- ect: I. Geotextile Testing 12 wide -width strength tests, 3 permittivity tests. with engineering letter Subtotal $ 1,200 2. Instrumentation Settlement plate fabrication, 7 @ $150.00 $ 1,050 Pore pressure cells with well points. 8 @ $150.00 $ 1,200 Pressure cell installation (one day rig time) $ 1.650 Subtotal $3.900 3. Field Construction Services Project Engineer, 24 hours @ $76.00/hr. $ 1.824 Engineering Technician. 130 hours @ $42.00/hr. $ 5,460 Field Services Supervisor, 20 hours @ $64.00 /hr. $ 1,280 Nuclear density meter, 40 hours @ $13.00 /hr. $ 520 Laboratory testing $ 300 Mileage. 1500 miles @ $0.35 /mile $ 525 Pore pressure console rental $ 400 Subtotal $10.309 4. Field Vane Shear Testing /Subsurface Exploration Phase I vane shear testing (one day rig time), with engineering letter $ 2.700 Phase II vane shear testing /exploration (two days rig time) $ 3.650 Phase II laboratory testing, final engineering evaluation and summary report $ 2,000 Subtotal $ 8,350 Short Elliott - Hendrickson. Inc. STS Proposal P -3452 April 16. 1991 Page 6 g -q� 5. Engineering Engineering review and reporting. 110 hours @ $84.00 /hr. $ 9.240 Principal review. 20 hours @ $102.00 /hr. $ 2.040 CAD Draftsman. 40 hours @ $48.00 /hr. $ 1.920 Secretary. 25 hours @ $36.00 /hr. $ 900 Subtotal $14.100 6. Supplemental Exploration Six auger probe borings and laboratory testing Subtotal $ 1.500 TOTAL $39,359 This cost estimate may be considered as a "not to exceed" cost for the project that will not he exceeded without prior authorization. However. it must be recognized that it is extremely difficult to define beforehand the scope of work that will actually be necessary to complete a project of this type. Our estimates assume that the project progresses essentially "as lanned" without out problems and that the project duration is about one year. It is possible that additional testing n or evaluation contemplated in this r g o not contempt e t s p oposal may be required due to unexpected embankment performance or other unforeseen conditions which. by definition. cannot be planned for. All of our services on this project will be provided on a cost reimbursable basis consistent with the hourly and /or unit rates included on the attached fee schedule. If additional work beyond the anticipated scope becomes necessary. we will discuss the scope and cost of such work with you for your authorization before it is performed. Terms and Conditions We have attached to this proposal our General Conditions and Fee Schedule which are expressly incorporated into. and are an integral part of. our contract for professional services. Please indicate your acceptance of this proposal by having an authorized representative of Short - Elliott - Hendrickson. Inc. execute one copy and return it to the undersigned. If we are given verbal or written notification to proceed. without first receiving a signed copy of our proposal. it will be mutually understood that both of us will. nonetheless. be contractually bound by the proposal. even in the absence of written acceptance by you. In any event. a signed copy of this proposal will need to be returned to STS before a written report can be submitted. Four acceptance of our proposal confirms that the terms and conditions are understood. including payment to STS Consultants. Ltd. upon receipt of the invoice. unless specifically arranged otherwise in writing. Of course. should you wish to discuss the terms. condi- tions. and provisions of our proposal. we would be pleased to do so at your earliest con- venience. Short Elliott- Hendrickson. Inc. STS Proposal P -3452 April 16. 1991 Page 7 c� r� Suni nary We look forward to the opportunity to be of continued service to Short- Elliott - Hendrickson, Inc. and the City of Brooklyn Center on this project. Should you wish to discuss our approach or proposed scope of work on this project. or if you have any other questions regarding this proposal, please do not hesitate to contact us. Respectfully, STS CONSULTANTS. LTD. 0 MeA1 ,- %,. , inB.mith, P. . Senior Project Engineer 1 Stephan M. Gale. P. E. Principal Engineer +� MBS /dn Encs.: STS General Conditions STS Fee Schedule ACCEPTED: DATE FIRM AUTHORIZED SIGNATURE TITLE Copyright P -3452. STS Consultants, Ltd., April, 1991 EXHIBIT "C" 69TH AVENUE BROOKLYN CENTER, MN 04/16/91 MAN HOUR ESTIMATE REINFORCED EMBANKMENT AND WETLAND MITIGATION SITE EXCAVATION AND GRADING TASKS PROJECT GEOTECH PROJECT DESIGN SENIOR TECH WORD MISC. -------- ---------------------- --- - - -- -- MANAGER ENGINEER ENGINEER ENGINEER TECH PROCESSOR EXPENSES -------- ------ -- --- ------- -------- - - --- ---------------------------------------------------------------------------- DESIGN --------------------------------------- ROADWAY EMBANKMENT FINAL PLAN LAYOUT 2 10 250 FINAL VERTICAL ALIGNMENT 2 4 8 200 PREPARE SURCHARGE PROFILE 4 4 8 200 PLOT CROSS SECTIONS 8 200 CALCULATE EARTHWORK 4 4 8 200 PREPARE EARTHWORK SUMMARY 2 4 100 FINAL STORM SEWER DESIGN 1 16 8 200 CULVERT DETAILS 2 2 8 4 100 EROSION CONTROL DETAILS 8 4 100 LAYOUT POND GRADING PLAN 8 16 400 PREPARE TYPICAL SECTION 8 200 COORDINATION WITH MN /DOT 1 4 0.5 REVISIONS 1 4 8 8 0.5 200 STABILITY ANALYSIS FOR PONDS 2000 MITIGATION SITES LAYOUT FINAL CONTOURS 4 8 16 CALCULATE EARTHWORK 8 200 EROSION CONTROL DETAILS 8 4 100 COORDINATION WITH AGENCIES 1 6 DETERMINE QUANTITY OF SUITABLE FILL 16 8 0.5 1736 COMMON PLAN TASKS PREPARE TITLE SHEET 2 4 4 100 PREPARE STATEMENT OF EST. QUANT. 8 12 200 PREPARE COST ESTIMATE 8 100 PREPARE MISC. DETAILS 8 8 PREPARE SPECIFICATIONS 2 4 16 8 4 PLAN REVIEW MEETING 4 6 1 11 --------------------------------------- BIDDING AND AWARD --------------------------------------- ANSWER CONT. QUESTIONS 2 4 AD FOR BID 2 0.5 ATTEND BID OPENING 4 11 PREPARE BID TAB 4 72 MAKE RECOMMENDATIONS 1 2 0.5 --------------------------------------- CONSTRUCTIONS SERVICES SURVEY VERTICAL AND HORIZ. CONTROL 1 4 41 SLOPE STAKING 1 4 41 69TH AVENUE BROOKLYN CENTER, MN 04/16/91 MAN HOUR ESTIMATE REINFORCED EMBANKMENT AND WETLAND MITIGATION SITE EXCAVATION AND GRADING TASKS PROJECT GEOTECH PROJECT DESIGN SENIOR TECH WORD MISC. --------------------------------------- MANAGER ENGINEER ENGINEER ENGINEER TECH PROCESSOR EXPENSES -------- -- --- ------ ---- ----- ----- --- - -- ---------------------------------------------------------------------------- OBSERVATION ATTEND PRECONSTRUCTION CONFERENCE 4 6 2 11 REVIEW PAY REQUESTS 6 1 EMBANKMENT CONSTRUCTION SITE REVIEW (QUARTERLY) 16 24 44 DATA REVIEW (QUARTERLY) 32 12 FINAL REPORT REVIEW 4 2 1 FINAL FIELD REVIEW 4 4 1 11 MITIGATION GRADING SITE REVIEW 8 80 1 44 FINAL FIELD REVIEW 4 4 1 11 PROJECT REPRESENTATION MEASURE SETTLEMENT PLATES (32 TRIPS) 80 340 DOCUMENT QUANTITIES 48 FINAL FIELD REVIEW 8 20 1992 FILL REMOVAL INSPECTIONS 16 1 50 GEOTECHNICAL SUBCONSULTANT GEOTEXTILE TESTING 1200 INSTRUMENTATION 3900 FIELD CONSTRUCTION SERVICES 10309 FIELD VANE SHEAR TESTING /SUBSURF. EXP 8350 ENGINEERING 14100 CITY OF BROOKLYN CENTER Council Meeting Date 4/22/ Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DISCUSSION ITEM - REFORESTATION PROGRAM DEPT. APPROVAL: SY KNAPP, TECTOX10F PUBLIC WORKS MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) The City Council has requested staff to submit a report regarding the status of a reforestation program. The following information is submitted for discussion at the April 22, 1991 meeting: Item 1 - the originally approved 1991 budget included the following elements for establishment of a reforestation program: • purchase of 250 trees • a 1/2 -time Forester position • an additional Maintenance I position All of these items were deleted by the budget amendments adopted by the City Council on February 25, 1991. Item 2 - attached is a reforestation program proposal report as prepared by Diane Spector. This report was prepared primarily as a followup to the survey which we conducted of the property owners whose trees were removed in the 1990 diseased tree removal program. It is important to note that, in this report, Diane's recommended program is. • limited to replacing trees only for those property owners who lost trees in the 1990 and 1991 diseased tree program, • starts with a limited program in the fall of 1991, • is dependent on deciding each of the issues which Diane enumerates in her report; and • if any decisions are made which result in a net cost to the City, funding must be provided. Item 3 - attached is another report from Diane which describes Brooklyn Park's new "Tree Sale" program. Item 4 - in a third report, Diane also describes Plymouth's program. Item S - also attached is a copy of a brochure from the "Global Re- Leaf" program. This program describes many of the activities which could be assigned to a City Forester. . . Council Action Required Review, discuss, provide direction to staff. • • CITY OF BROOKLYN CENTER April, 1991 0 REFORESTATION PROGRAM PROPOSAL In 1990 the City Council expressed interest in developing some type of program to start replacing the substantial number of trees which Brooklyn Center has lost to disease and drought. The Council was concerned with both the loss in boulevard trees and trees on private property. To begin estimating interest in a city- sponsored reforestation program, a survey form was included in the packet of information sent to property owners having trees marked for removal under the 1990 diseased tree removal program. This survey (see the copy attached) proposed three different types of reforestation programs, and asked the respondents to choose which they would prefer. Of the approximately 500 property owners surveyed, 121 responded. Virtually all were interested in participating, or if not interested personally, thought it was a good idea that the City pursue a reforestation program. Most liked the idea of being able to purchase trees at the City's price, and being able to choose where the trees would be planted. They were evenly split as to who they preferred do the planting - themselves or someone else. Accordingly, staff have prepared a proposed reforestation program. However, there are a number of issues which should be considered in the design of any program of reforestation. ISSUES - REGARDING THE TREES Location of Trees Trees have been lost both from the boulevard and from private property. Some homeowners have been able to replace the trees that they have lost from their property. However, over 1,800 trees on private property have been removed since 1983 under the diseased tree program. Over 1,100 boulevard trees have been removed since 1983. The City has in the past several years had little or no funding available to replace lost boulevard trees; only about 100 have been replaced. There are separate considerations for boulevard and private trees. The City is concerned with diversity, ease of maintenance, and hardiness. The property owners may be concerned with appearance, shade, and the increased value to their properties. It may or may not be able to incorporate the concerns of all into a single program. Balled & Burlapped vs. Bare Root The Brooklyn Center Parks and Streets Departments have had great success with planting bare root saplings. Virtually all other landscape experts recommend planting only balled and burlapped (B &B) saplings. There are two primary differences between the two: price, and flexibility in planting. Reforestation - Page 2 Bare root saplings can cost one -third to one -half as much as B &B saplings. However, bare root saplings can be planted successfully only in the spring, so that the root system has time to develop before winter. Bare root saplings also require great care to be taken in planting, and are most successful when planted by professionals. B &B saplings, in contrast, can be planted at any time and are easily planted by non - professionals. Spring vs. Fall Planting The Street Department prefers to plant bare root saplings, and these can be planted only in the spring. B &B saplings can be planted at any time. The spring planting season will be over soon. The soonest a new program can be undertaken would be Fall, 1991. If the Council and the residents of Brooklyn Center wish to begin a reforestation program at that time, only B&B trees could be planted. Guaranteed Trees vs. No Guarantee A tree guarantee can substantially increase the price of a tree. A guarantee may not be available unless the tree is planted by the tree supplier. The increased cost from these two factors may be more than some property owners are willing or able to spend. The City will take no responsibility for trees planted on private property. Any guarantee would be strictly between the property owner and the tree supplier. This point should be made very clear to participants in the program. Single Variety vs. Limited Varieties In the early '80s, when state grants were used to replace boulevard trees, a single variety per year was planted. To encourage diversity, and to provide property owners with a choice, three to four varieties could be made available. It is likely that the bid price per tree would increase as the number of varieties increases and there are fewer economies of scale. In the 1990 survey, 36 residents said they would participate only if they could specify the variety of tree to be planted; 54 said they would plant what was recommended. A choice of varieties may encourage more participation in a reforestation program. Furnish and Plant vs. Furnish Only The respondents to the 1990 survey were evenly split between who they preferred to plant their tree - themselves or someone else. The program could supply and plant trees, or could simply supply trees. Some property owners may be uncomfortable with the City's supplier planting their tree. They may think they will not be able to choose the variety of tree, or where it will be planted. Some may want to plant the tree Reforestation - Page 3 themselves for the experience or family involvement, or may not be able to afford the charge for planting. Some property owners don't want the hassle of planting the trees themselves, or believe they don't have the expertise that the City's supplier would have. One issue to consider in City sponsorship of planting is that some property owners may believe that planting by the City's supplier conveys a guarantee by the supplier, or City responsibility for the tree. A compromise would allow those property owners who want to to separately contract with the supplier for planting and /or a guarantee. This would allow property owners the most flexibility, and would remove the City from the planting process. ISSUES - ADMINISTRATION Eligibility At a minimum, the property owners surveyed in 1990 should be allowed to participate in the first year of any program. A second group could be property owners participating in the 1991 diseased tree program. Thirdly, the program could be advertised in the City newsletter for participation by any property owner. At some point property owners who had trees removed through the tree removal program prior to 1990 could be invited to participate. This could be accomplished through the general invitation, or a special mailing could be made. Or, only those property owners who lost a boulevard tree could be notified. It is likely that property owners who lost a tree more than two or three years ago and wanted it to be replaced have already done so. Administrative Fee vs. At Cost As such a program would be administered as any other improvement project, the City would incur the usual administrative and legal costs. In addition, City staff time would be necessary to locate utilities and ensure that planting locations are acceptable, and inspect the planting job on completion. It may be reasonable to charge a "handling" fee of perhaps $10 per tree. However, the Council may decide that these costs are a reasonable price for the City to pay for reforestation, and assess no administrative fee. Cost of Boulevard Trees The City currently pays one -half the cost of removal of a diseased boulevard tree. This practice has been reviewed periodically by the Council, and reaffirmed. The rationale is that 1) the property owner benefits from the tree through its shade and its aesthetic appeal. While the tree itself does not increase the appraised value of the owner's private property, it does increase its attractiveness and salability; and 2) the property owner accepts responsibility for Reforestation - Page 4 maintenance of the boulevard, including any trees. The City does trim boulevard trees, primarily to control overhang into the street and to mitigate storm damage. The City does not trim for aesthetic reasons, and will trim out dead branches only if the tree needs trimming for some other reason. Based on the removal policy, it may be reasonable for the City to pay one -half the cost of planting a new boulevard tree. Payment for Trees The Diseased Tree Removal Program currently allows property owners choosing removal by the City's contractor to pay in full upon completion of the work, or to have the cost of tree removal plus assessment fees certified as a special assessment to their property taxes. A reforestation program could have three payment options: pay in full prior to delivery of the tree; pay in full on delivery of the tree; or allow the cost to be certified as a special assessment. The assessment fees for tree removal are currently $25 per property plus $10 per tree. They have been recommended to increase to $30 per property plus $30 per tree. An additional $60 in assessment fees, plus any program administration fee, plus the special assessment interest, may make participation in a City project more costly for the property owner than simply going out and buying a tree. While assessment does provide an option for some property owners, it may not be in the property owner's best interest. Payment in full prior to tree delivery would allow the City and the supplier to get an accurate count of property owners actually willing to participate, and also to protect the City should some property owners change their minds or refuse to pay. Property owners could prior to bid taking sign an agreement to participate with some provision for the owners to withdraw if the bid price exceeds a certain amount. Then, after the contract is awarded, property owners would be invoiced. After 14 days, or some other period, the contractor would be directed to supply trees to those who had paid in full. SUGGESTED FIRST YEAR REFORESTATION PROGRAM Based on the discussion above, the following is the suggested design of the first year of a reforestation program: In Fall, 1991, the reforestation program would provide trees to property owners for planting on private property. In Spring, 1992, the reforestation program would plant trees on the boulevard and provide trees to property owners. If the Council wishes to continue such a program in 1993 and beyond, it would be conducted only in the spring. Fall, 1991: Reforestation - Page 5 Property owners who had trees removed in 1990 through the Diseased Tree Program would be invited to participate. Property owners with trees marked for removal prior to August 1, 1991 would be invited to participate in the fall program; after August 1, the owners would be invited to participate in the spring program. These owners would be notified that boulevard trees would be eligible for replacement in spring. A general notice in the City newsletter would invite all residents to participate. Property owners would be provided an agreement form on which they could designate the number of trees they wish to purchase, and choose from the three to four varieties offered by the City. By signing the agreement, the property owners agree to purchase the tree(s) provided the cost as bid does not exceed a stated price. These quantities would serve as the basis for bid quantities. Bids would be taken in mid - September for balled and burlapped trees to be supplied to property owners for planting on private property. The contract would also include a bid price for planting trees. Property owners who wished the supplier to plant their tree(s) could enter into an individual contract with the supplier for planting at that bid price. Trees would be supplied with no guarantee, although this too could be negotiated between the property owner and the supplier. After award of the contract, all property owners who had signed and returned agreements to purchase trees would be invoiced for the bid price plus an administrative fee. They would have 14 days to pay. At the end of that period, the contractor would be directed to supply trees to those owners who had paid the invoice in full. City staff would coordinate with the private utilities marking underground utility locations. City staff would review proposed planting locations for suitability. An information sheet providing tree care instructions would be developed and distributed with the trees. Spring, 1992: The spring program would focus on boulevard trees, but would also supply trees to be planted on private property. Property owners with trees marked for removal after August 1, 1991 would be invited to participate in the spring program. All 1991 and 1990 tree program owners would be notified that boulevard trees would be eligible for replacement in spring. A general notice in the City newsletter would invite all residents to participate. The program would be essentially the same as the fall program, except that all boulevard trees would be bare -root, and would be planted by the supplier. The contract would be awarded approximately March 1, 1992. Property owners would again have 14 days to pay the invoice in full. The City would pay one -half the cost of a boulevard tree. The estimated cost would be included in the 1992 budget. In future years, any . program would be conducted in the spring. g P g CITY OF BROOKLYN CENTER REFORESTATION SURVEY The City is collecting information to help determine if there is interest in a City - sponsored reforestation program. You have received this survey form because you have a tree or trees marked for removal through the City's Diseased Tree Program. The City Council is considering several options for reforesting both the boulevard and private property. These are described below. Please review these options, and answer the questions below and on the back side. This does NOT obligate you to participate in any program the Council establishes, nor is it a guarantee that the Council will establish such a program. OPTION 1: The City would request bids from tree suppliers, and would award a reforestation contract to the lowest responsible bidder. Homeowners could purchase trees at this low bid price, and choose to plant trees themselves, or for an additional charge have the supplier or a City crew plant them. Homeowners could choose where the trees would be planted. Trees planted on private property would be solely the homeowner's responsibility. OPTION 2: The City would award a contract as in Option 1, but would supply only the trees. Homeowners would be responsible for planting the trees. OPTION 3: The City would acquire trees for planting on the boulevard only. Homeowners could request a boulevard tree and suggest planting locations, but the City's forester would make the final decision as to where trees would be planted. 1. Please choose the statement below with which you most agree. Remember, this does NOT obligate you to participate in a reforestation program. 38 A. I would be interested in participating in any of the three options above. 112 B. I would be interested in (choose one or all): 51 Option 1 25 Option 2 36 Option 3 19 C. I would not be interested in participating, but the City should consider establishin, a reforestation program. I would support: 8 Option 1 2 Option 2 9 Option 3 10 D. I would not be interested in participating, and the City should not consider a reforestation program. 2. If you are interested in Option 1, who would you prefer plant your tree(s)? 37 Myself 38 Someone Else 3. If you are interested in any Option, please choose the statement below with which you most agree: 36 I would participate only if I could specify the variety of tree to be planted. 54 I would plant the variety recommended by the City's forester. 4. I would be interested in having tree(s) planted. CITY OF BROOKLYN PARK EARTH WEEK /ARBOR MONTH TREE SALE The City of Brooklyn Park will be conducting a one -day tree sale on May 4, 1991, in observance of Earth Week and Arbor Month. The City will also provide free wood chips for the taking. This sale is being held concurrent with the spring special materials drop -off at the city maintenance facility at 83rd and Noble Avenue North, which will be held from 8 AM - 3 PM. The City will sell four varieties of bare -root trees for five dollars each, with a limit of five per household. These varieties are: green ash, silver maple, Japanese lilac, and power poplar. These trees will be four to six feet high, or about one -half inch in diameter. There will be no nursery stock guarantee provided. This is the first time the city has sponsored a tree sale. For this sale, Brooklyn Park has purchased 300 trees from the same supplier from which their Park Department purchases trees. The five dollar charge will approximately cover the cost to the city of purchasing the trees, and staff time for travelling to the nursery in Lakeville to pick them up. Park staff will be available at the tree sale to provide advice, and a special flier providing planting, care, and pruning advice will be distributed. The staff time to sell the trees is considered part of the overall cost of staffing the drop -off event. Brooklyn Park publicized the sale via a special recycling newsletter. Normally, such an event would have been publicized in the regular city newsletter. However, that newsletter would not have been timely enough to include this announcement plus notice that the city would begin a recycling program in April, so a special issue was authorized. Since the announcement appeared, the recycling office, which is sponsoring the drop -off event, has received a number of telephone calls from residents. Many want to know if the trees will be available prior to the May 4 event, and others want to know if it is possible to purchase more than the limit of five per household. Brooklyn Park did investigate an alternate approach. A nursery offered to bring a variety of trees to the facility, and conduct the sale themselves. While the cost to the property owners would have been greater (ranging from $4 for a green ash to $25 for a silver maple), there would be a greater variety from which to choose. However, the city chose not to go with this alternate, primarily because if one nursery was invited to participate, other nurseries would request to participate and the sale would become administratively burdensome. MCV 4, 1991 Brook Park Celebr Earth Week and Arbor Mort Sp ring Special Materials Drop P 9 P P 83rd and Noble Avenue N. Maintenance Facility Hours: 8 a.m. to 3 p.m. Acceptable materials Unacceptable materials NO CHARGE We will not accept any of the following materials: • Newspaper - Office paper ■ Brush, leaves, grass, garden debris • Corrugated /flattened ■ Carpet or pad • Mixed Paper — Books, magazines, catalogs, phone books, MLS books, computer printouts, card stock, • Construction debris, scrap lumber legal and spiral pads, shiny paper, carbonless, all •Televisions, stereos envelopes ■ D furniture, mattress, box spring • Metal cans ■ Paints, solvents, stains • Plastic milk, pop, juice, detergent ■Driveway coating (1. PETE 2 HDPE) ■Pesticides • Motor oil ■Auto parts • Auto and household batteries • Clothing and household goods FREE WOOD CHIPS • Anti-freeze • Scrap metals Available at materials drop -off on May 4 CHARGE FREE Wood chips (shredded tree debris, suitable • Tires for mulch or landscaping). Please bring your own Passenger $1.25 each containers. Lt. Truck $2.50 each Lg. Truck w/o rim $3.50 each TREES FOR SALE Tractor w/o rim $15 each Varieties: green ash Japanese lilac tree • Major appliances $7 each silver maple power poplar pp Four- to six-foot bare root trees $5 each. Refrigerator, freezer, washer, dryer, Limited quantity — 5 per household. No nursery stock ' dishwasher, ranges, microwaves, guarantee.) residential furnace, hot water heater, air conditioner, dehumidifier, water softener, trash compactor, garbage disposal Sat., May 4, 1991 Yard Waste Management Seminar Edinburgh USA Clubhouse - Gleneagles Room 8700 Edinbrook Crossing, 10 a.m. - 12 p.m. �0 ; Hennepin County Extension Master Gardeners °° RECYCLES R CYCLES Noreen Roberts & Terry Goodfellow -Heyer • How to manage your lawn ■ Soils management ■ Thatch management and lawn feeding ■ Use of mulch • Landscape techniques ■ Back yard composting maintenance and bins recycling Handouts - Questions - Information Ca11560 -0446 for additional information CITY OF PLYMOUTH REFORESTATION PROGRAM Until this year, the City of Plymouth conducted a program of reforestation to replace trees lost to Dutch elm disease and oak wilt. This program had the additional purpose of providing an incentive for property owners to remove their diseased trees in a timely manner. This program was eliminated in the 1991 LGA budget reductions. In Plymouth, diseased trees on private property are the property owner's responsibility to remove. Trees on the boulevards and other city property are removed by a tree contractor. As an incentive for removing diseased trees, the City would provide, free of charge, a tree to replace diseased trees that were removed within the required 20 days. The removed tree must have been at least six inches in diameter. Each property owner could receive up to two trees to plant. The City would provide the owner's first or second choice from about 12 varieties; coniferous trees were provided potted, while deciduous and decorative varieties were provided balled and burlapped. The City averaged about 200 trees per year, at a yearly cost of about $6,000. In the fall, the City's forester would send letters to all property owners meeting the program's criteria that year, advising them of the program. The forester would take proposals and place an order in December for delivery in May. Trees would be delivered to the property owners, who would be responsible for planting. No guarantee would be provided. The City of Plymouth does not have a program to plant trees on the boulevard, but does plant trees in parks. ear th Ij e � a � 0 0 L 4 e li f The American Forestry Association's Glob ReLeaf Arbor Day Kit � STR}, 9s S O Q' C� U The American Forestry Association 9 P.O. Box 2000 Washington, DC 20013 1- O d � Founded 1875 The National Citizens Organization for Trees, Forests, and Forestry ' artb b GABAL / A program of the American Forestry Association ® T ' �j� � �j P.O. Box 2000 Washington, DC 20013 J� 1.�L1111 11'1 e LZ fetid Make Earth Day Last a Lifetime with Global ReLeaf arth Day 1990 marks the beginning of a long -term commitment to building a safe, just, sustainable planet. Its precedent came from Earth Day 1970. More than 20 million people participated in the event that gave birth to the modern American environmental movement. Activities ranged from nature walks to direct action against major polluters. From Earth Day 1970, the Environmental Protec- tion Agency was established, and the Clean Water and Clean Air acts were passed. Global ReLeaf can help achieve the building of a sustainable planet through people -size, positive actions. By planting trees, a positive step is being taken towards environmental improvement. Tree planting and care links a person with the future. As Julius Sterling Morton, founder of Arbor Day, said "Other holidays repose upon the past, Arbor Day proposes for the future." Earth Day and Arbor Day_ are two holidays that give us a reason to plant trees on specific days, Global ReLeaf gives you a reason to plant trees all year long or when the tree - planting season is right for you. With this booklet, you can make your Earth Day last a lifetime by using it to plan your annual Arbor Day celebrations, Earth Day event, or to mark any Global ReLeaf environmental improvement project done year- round. earth D4y e `Q' Q GAI)AL / A program of the American Forestry Association LE P.O. Box 2000 Washington, DC 20013 e l lfeti Table of Contents PLANNING YOUR EVENT: Global ReLeaf Guidelines Global ReLeaf Cooperator Agreement Ways to Make a World of Difference on Arbor Day Tree Planting Spaces Formula List of State Global ReLeaf Coordinators How to Select Quality Trees /Where to Get Technical Help Global ReLeaf Materials Order Form PROMOTING THE EVENT: Sample Media Advisory Sample Feature Article for Local Media Use Checklist for Organizing a Press Conference FOLLOW -UP: Global ReLeaf Tree Planting Form for reporting to State Coordinators Sample Press Release earth D4y e `lti Q A program of the American Forestry Association ELEAVO P.O. Box 2000 Washington, DC 20013 L if e t , ,fit. e Global ReLeaf Guidelines Global ReLeaf is a citizens campaign for more and better 5. Participation in Global ReLeaf's national public policy trees and forests. This national campaign depends upon and research efforts; and welcomes the participation of state and local projects that facilitate citizen involvement. 6. Increased visibility in the media as a result of AFA's promotional efforts. State and local groups are The benefits to a local group from associating their highlighted in national media communications to give programs with Global ReLeaf are significant. Through examples of new, innovative or just plain effective promotional activities at the national and international projects. National and local media referrals to level, millions of people have heard or read about Global projects are also provided; ReLeaf and the environmental values of trees. Thus, a local tie to the national effort strengthens the credibility 7. Special priority on waiting list for Global ReLeaf and integrity of local efforts, while increasing the public Fund grants. Businesses and corporations have begun recognition of your activities. to make tax- deductible contributions to the Global ReLeaf Fund, which AFA manages. As the Fund 0 Although Global ReLeaf began as a national effort, it is grows, the opportunities to pass through dollars to fast becoming an international campaign due to height- local groups will increase. Global ReLeaf cooperators ened interest from other countries. This expansion has will be given high priority in the selection process; resulted in even higher public visibility. S. Assistance in establishing sponsorship relationships Through official participation in Global ReLeaf, your with national corporations and their local offices. organizations will receive the following benefits Meeting some basic standards are all that is required for 1. Consent to use the Global ReLeaf words and logo. your organization to participate in Global ReLeaf: Both the words and the logo are registered trade- marks of the American Forestry Association (AFA) 1. If you use the Global ReLeaf name and logo in that may only be used with our consent. Our rules are brochures or promotional materials, please adhere to fairly straightforward, and are listed below under the following standards; "Standards." A. If you use the words Global ReLea use the 2. Access to AFA's national membership resource for upper and lower case letters the way we do; local activities; B. If you use artwork, use ours, including the 3. Access to Information /Education materials developed little "r" symbol (we'll provide camera -ready art at the national office; in a variety of sizes); 4. Access to the Global ReLeaf Hotline on TreeNet, an C. If you print in color, use our PMS colors (call electronic information system; the only equipment for specs.); needed to access TreeNet is a personal computer and modem; continued next page 0 earth D`zy G y iD A A program of the American Forestry Association LE P.O. Box 2000 Washington, DC 20013 e 4 ` e i etit D. Somewhere in the text, show people the For developing printed promotional material, we offer connection between your program, Global several different options ReLeaf, and AFA. Examples: A. You can use our standard Global ReLeaf bro- a. "Texas ReLeaf is part of the national chure, printed by AFA, with space for your organiza- Global ReLeaf effort." tion's name stamp. If you can use our stock brochure, b. "For information, or to join the national we'll charge you exactly what our big -lot print runs campaign, write Global ReLeaf, P.O. Box cost us, which could be a significant savings for you. If 2000, Washington, DC 20013." you need a "custom" run, we'll do the best we can. c. "Global ReLeaf is a program of the Ameri- can Forestry Association, P. O. Box 2000, B. You can print your own local brochure that Washington, DC 20013." includes much of the information and artwork from ours. The key points we want you to retain are: 2. To tell people how they can join the national Global o Join local effort and plant and care for trees ReLeaf campaign, tell them to send a donation of $10 around your home and in your community. or more to Global ReLeaf, P.O. Box 2000, Washing- o Help publicly owned trees by sharing your tree ton, DC 20013. knowledge with community leaders. Communi- ties need to investigate the condition of their 3. Designate a person in your organization who can urban forest and improve tree care and planting serve as a liaison with Global ReLeaf, so that we can efforts. refer potential members, cooperators, or sponsors to o Join the national effort to make significant you efficiently. changes in national policy and coordinate hun- dreds of local efforts into an effective national 4. Sign a standard Global ReLeaf Cooperator Agree- movement. Join by sending a donation of $10 or ment with AFA. more to Global ReLeaf, P.O. Box 2000, Washing- ton, DC 20013 ear th jj A program of the American Forestry Association 0 v LE �LLJJ® P.O. Box 2000 Washington, DC 20013 -l Q L =fe a Cooperator Ag reement p 9 The Global ReLeaf Cooperators are groups at the local, state, and national levels. All are working with the American Forestry Association Global ReLeaf campaign to plant trees and improve both urban and rural forest manage- ment throughout the nation as outlined in the enclosed Global ReLeaf Guidelines. Each Cooperator. becomes a vital link in a national network. Global ReLeaf will supply each cooperator with a variety of materials. We ask each Cooperator to send Global ReLeaf news and photos from your events to use in the Global ReLeaf Report newsletter. Global ReLeaf Will Supply • Single -panel Global ReLeaf information: first 200 free, more at three cents each. • Global ReLeaf Brochures: first 100 free, more at ten cents each. • Citizen Action Guide: 5 free copies to help get organized, more at $1.00 each. • Free master Urban Forest Facts -- important articles to copy and distribute. • Free master Arbor Day /Earth Day Kit -- create your own Global ReLeaf materials. • Authorization to use the Global ReLeaf logo and one sheet of logos for use in advertising copy. • Other Global ReLeaf materials including: bumperstickers, window decals, Global ReLeaf folders, and T- shirts. Global ReLeaf Will Request Each Global ReLeaf Cooperator is asked to make an annual contribution of $50 to Global ReLeaf. Each Coop - erator will, in turn, receive both the Global ReLeaf Report and the Urban Forest Forum for one year. These publications are in addition to the materials listed above. Each Cooperator is authorized to use the Global ReLeaf logo exactly as it appears on the sheet provided. No alteration is acceptable without a signed licensing agreement from the American Forestry Association (see Guidlines). Global ReLeaf Also Offers The Global ReLeaf Fund, a tax- deductible way to assemble tree - planting funds for specific cooperators. The n ReLeaf Fund exists to receive and disburse contributions from corporate and other donors tar g eted for individual Cooperator projects or geographic regions. There is a ten percent overhead cost. This a ement approved and s this o in the year � PP i Kn� �' f Cooperator AFA Contact Phone ( ) Address Fax ( ) City State Zip L arch D ay �Y COQ o ' a,. r' G � A program of the American Forestry Association j P.O. Box 2000 Washington, DC 20013 4 LZ f e Ways To Make A World Of Difference 1. Stage a city-wide kick -off event, during which the 12. Provide local daily and weekly newspapers with recipes mayor will read the official Global ReLeaf proclama- derived from tree products (apple pie, nut breads, tion and plant the first tree outside City Hall or at cherry tarts, root beer floats, etc.) another appropriate city location. 13. Organize a Global ReLeaf float for Arbor Day 2. Invite television weather forecasters (meteorologists) parades. to attend media events, encouraging them to forecast the weather from event locations while they point out 14. Organize Global ReLeaf Arbor Day'89 runs and races the connection between trees and the "greenhouse from one tree - planting site to the next. effect" (send them a Global ReLeaf brochure and copies of the factsheets prior to the event). 15. Organize a poster contest about tree plantings and climate for display at City Hall. 3. Involve schoolchildren in tree plantings at their schools or in their communities. Schools could have a contest 16. Convince a local nursery to donate a tree (or several to see which one has the most trees planted. trees) for a Global ReLeaf raffle. 4. Urge libraries to display books on trees, leaves and 17. Urge hospitals to plant trees on their grounds. Studies climate, and to plant a tree outside the library. show that patients whose rooms overlook trees and green space need fewer pain killers and recuperate 5. Get local businesses to plant trees on their property. faster. 6. Have a "Spunky Squirrel for Global ReLeaP' poster 18. Hold an Arbor Day Bake Sale, selling foods (primarily contest at the local schools. desserts) made from trees. 7. Set up Global ReLeaf displays at hardware and sport- 19. Urge state governors to declare Arbor Day "Global ing good stores with a poster and brochures. ReLeaf Day." 8. Stage outdoor press conferences around tree plantings. 20. Urge nurseries to offer a special Global ReLeaf discount during Arbor Day week or month. 9. Identify new urban developments, either commercial or residential, in need of tree plantings, and involve 21. Invite your local community college or university to developer in the plantings. sponsor a public seminar on trees and climate given by a resident professor. 10. Clean up existing parks or vacant lots and replant with trees. 22. Hold a slide show presentation on trees at a civic or community group meeting. 11. Involve local radio and television stations in sponsoring events, producing and airing public service announce- ments, playing songs about trees, etc. i earth DQy ,Q A program of the American Forestry Association LEM P.O. Box 2000 Washington, DC 20013 e 4 llfetilo Tree Planting Spaces Formula City Number of Existing Trees Road Miles Number of Trees Potential Washington, DC 109,000 1,102 220,400 Los Angeles 688,876 7,500 1,500,000 New York 700,000 6,374 1,274,800 Chicago 500,000 3,800 760,000 Atlanta 150,000 1,420 284,000 Cleveland 70,000 1,500 300,000 Philadelphia 250,000 2,500 500,000 Baltimore 150,000 2,000 400,000 Detroit 250,000 2,800 560,000 Boston 120,000 850 190,000 St. Louis 150,000 1,000 200,000 Hartford 20,000 210 42,000 Seattle 125,000 1,652 230,400 Number of potential trees = road miles X 200 trees /mile. Standard tree spacing is 40 feet with trees on both sides of the road. If you divide 5,280 feet (one mile) by 20 and subtract a factor where trees should not be planted (near intersections, etc.), the result is an average of 200 trees per mile. The figure counts only trees in public right -of -ways. Parks and private property offer major opportunities for tree planting sites, but detailed information on these spaces is harder to find. Global Rel-eaf State Coordinators ALABAMA ILLINOIS Missoula, MT 59801 Munoz Rivera Ave Neil Letson Mike Reichenbach 406- 542 -4300 Stop 3 Alabama Forestry Commission Urban Forester San Juan, PR 00906 513 Madison Avenue IL Dept. of Conservation NEBRASKA Montgomery, AL 36130 600 N. Grand St. Gary Hergenrader RHODE ISLAND 205- 240.9360 Springfield, IL 62706 State Forester Bruce Payton 217 - 782 -2361 Dept of Forestry, Fisheries, CFM Supervisor ALASKA and Wildlife Division of Forest Environment Bob Dick IOWA Plant Industries Bid 1037 Hartford Pike State Forester Bill Farris Lincoln, NE 68583 North Situiate, Ri 02857 AK Division of Forestry State Forester 402- 472 - 2944 401-647-3367 400 Willoughbury Ave Iowa DNR Juneau, AK 99801 Wallace State Office NEW HAMPSHIRE SOUTH CAROLINA 907- 561 -2020 Des Moines, LA 50319 John E. Sargent Steve Scott 514 -281 -8656 Director SC Forestry Commission ARKANSAS Division of Forests and Lands P.O. Box 21707 Jim Grant KANSAS 105 Loudon Rd. Columbia, SC 29221 Information Officer Jim Nighswonger P.O. Box 856 803-737-8800 Arkansas Forestry Commission Department of Forestry Concord, NH 03301 P.O. Box 4523 2610 Claflin Road 603- 271 -2214 TENNESEE Little Rock, AR 72214 Manhattan, KS 66502 Bruce Webster 501 -664 -2531 913 -537 -7050 NEW YORK Department of Conservation Dan Weller Division of Forestry CALIFORNIA KENTUCKY Chief, For. Res. Mgmnt. 701 Broadway, Customs House Jim Geiger Donald A. Hamm Dept of Env't. Conservation Nashville, TN 37203 CA Department of Forestry Director Room 406 615- 742.6635 P.O. Box 944246 Kentucky Division of Forestry 50 Wolf Road Sacramento, CA 94244 627 Comanche Trail Albany, NY 12233 TEXAS 916 - 322 -0109 Frankfort, KY 40601 518 -457 -2475 Ed Barron 502- 564 -4496 Texas Forest Service COLORADO 100 Research Pkwy Philip Hoefer LOUISIANA NORTH CAROLINA College Station, TX 77843 Urban Forester Paul R. Orr "Tex" Kunselman 409-845-2641 Colorado Div. of Forestry Urban Forestry Specialist North Carolina DNR 230 Forestry Bldg. Dept. of Ag. & Forestry Div. of Forest Res. UTAH Colorado State Univ. P.O. Box 1628 P.O. Box 27687 Richard P. Klason Fort Collins, CO 80523 Baton Rouge, LA 70821 Raleigh, NC 27611 State Forester 303- 491 - 6303 504- 925 -4500 919- 733 -2162 Div. of State Lands & Forests 3 Triad Center, #400 DELAWARE MARYLAND OHIO 355 West N. Temple Dean Belt Jeff Huran Drew Todd Salt Lake City, UT 84180 Renewable Resource Agent MD Forest, Park, & Wildlife Assistant Staff Forester 801- 538-5508 Cooperative Extension Tawes State Off. Bid Ohio DNR, Div. of Forestry Delaware State College Annapolis, MD 21401 Fountain Square VIRGINIA Newark, DE 19717 301- 858 -8041 Columbus, OH 43224 Candy Allen 302- 736.4811 614- 265 -6690 Urban Forester MICHIGAN Department of Forestry FLORIDA Gordon Terry OKLAHOMA P.O. Box 3306 Don Percival Michigan DNR Dave Eastman Portsmouth, VA 23701 Chief, Forest Education Box 30028 Urban Forester 804- 683-2354 FL Dept of Ag & Consumer Ser. Lansing, MI 48909 Forestry Division, Dept of Ag Division of Forestry 517 - 355 -3335 2800 N. Lincoln WEST VIRGINIA 3125 Conner Blvd. Oklahoma City, OK 73105 Ralph Glover Tallahassee, FL 32399 MINNESOTA 405- 521 -3864 State Forester 904- 488 -7000 Meg Hanish Department of Agriculture Public Affairs Specialist OREGON Forestry Division, State Capitol GEORGIA Box 44, Division of Forestry Jim Fisher Charlestown, WV 25305 Sharon Dolliver Minnesota DNR Public Affairs Director 304-348 -2788 Georgia Forestry Commission 500 Lafayette Road Forestry Department P.O. Box 819 St. Paul, MN 55155 2600 State Street Donald Thompson Macon, GA 31298 612 - 296 -5958 Salem, OR 97310 Dmpson 912- 744 - 3237 503- 378 -2560 Chief, Private Lands MISSISSIPPI Bureau of Forestry IDAHO Bill Colvin PENNSYLVANIA Wisconsin DNR Bill Love Director, I &E Norman Lacasse Box 7921 Chief, Bureau of Forestry Mississippi Forestry Comm. CFM Supervisor Madison, W 53707 Idaho Department of Lands Suite 300, 301 Bldg DER - Forestry-FAS 608- 266 -0842 P.O. Box 670 301 North Lamar St. P.O. Box 1467 Coeur d'Alene, ID 83814 Jackson, MS 39201 Harrisburg, PA 17120 WYOMING 208- 664 - 2171 601- 359 -1386 717 - 787 -5359 Daniel J. Perko Staff Forester INDIANA MONTANA PUERTO RICO Wyoming State Forestry Div. Garry Petersen Mark Lennon Ana del R. Vergara 1100 West 22nd St. 179 South Home Ave. Dept of State Lands Director, Tech Assistance Cheyenne, WY 82002 Franklin, IN 46131 2705 Spurgin Road Department of Nat. Resources 307- 777 -7586 317 - 736.9500 earth Day e `F' GA 'D A program of the American Forestry Association ELUT P.O. Box 2000 Washington, DC 20013 LZ f t i e Making The Right Choices For Arbor Day How to Select Quality Trees the soil together when removed from the container. Trees up to 3 feet tall can be sold in a #1 container, 7" wide and Any tree you buy should be grown to nursery standards, as 7 tall; trees to 4 feet in a #2 container, 8" tall; and trees to developed by the American Association of Nurserymen. 6 feet in a #3 container, 9 -10 tall. These standards are important for determining the quality of a tree. Since 75% of the roots are severed when trans- Where to Get Technical Help planting a nursery tree, if it isn't done up to standard, the p tree has little chance to survive. Check the roots to ensure they are strong, and make sure your tree has a strong main The first place to check for technical assistance is with stem. your State Global ReLeaf Coordinator shown on the enclosed list. Others local sources of help are County Trees are sold either balled and burlaped (B &B) or Bare Cooperative Extension Service agents, State Foresters, and Root. The size of B &B trees is measured by the trunk the Soil Conservation Service offices listed in your local diameter (caliper) at 6" above the ground line, and listed telephone book. A nearby college or university is also a by size class. A 2" size class includes trees from 2" to good source of information and professional help. Local almost 21/2" in diameter. A 2" caliper tree will have a parks and public works departments should be contacted ball 24" in diameter. Bare Root trees are measured by for help. If your town or city is lucky enough to have a city height. A 2" caliper tree will be 12 to 14 feet tall and have forester or arborist, make sure you involve that person in a root spread of 28 ". your Global ReLeaf Arbor Day plans. Container grown trees should be well established in the container so that the roots will retain their shape and hold earth Day e G A program of the American Forestry Association T , P.O. Box 2000 Washington, DC 20013 4 e IZ f Arbor Day Kit Materials Order Form Use this form to order additional materials for your Global ReLeaf event. The form may be copied for sharing with other groups or individuals or for use later. Item Unit Price Over 100 Quantity Cost up to 100 Global ReLeaf poster /podium sign (11 "x14 ") $2.00 /ea. $.50 /ea. Global ReLeaf Window Decals (37x3 ") $.50 /ea. $.30 /ea. Global ReLeaf bumperstickers (4 "x10 ") $1.00 /ea. $.50 /ea. Global ReLeaf brochures $5.00/50* same Global ReLeaf "Citizens Action Guide" $1.50 /ea. same "Save Our City Trees Action Guide" $8.50 /ea. same "Tree Care Handbook" $8.50 /ea. same Tree Tags .10 ea. $.10 ea. Tree Packets $25.00 /ea. $25.00 /ea. Paper Banner $25.00 /ea. Postage $3.00 Subtotal * Brochures sold in quanities of 50 only Please mail this form with check made payable TOTAL to the American Forestry Association to: Global ReLeaf P.O. Box 2000 Washington, DC 20013 -2000 �artb D`zy L) A / A program of the American Forestry Association vL.l�� 1✓11 P.O. Box 2000 Washington, DC 20013 L E V i e t i V' e Sample Media Advisory Arbor Da For Global ReLeaf (subtitle describing activity) For Release: Date For More Information, Contact: Name Phone Number (Name of organization will make a world of difference this Arbor Day in (name of town when it organizes special tree - planting activities as part of the Global ReLeaf effort. The Global ReLeaf campaign is sponsored by the American Forestry Association to recognize the important role trees can play in reducing the "greenhouse effect" by turning carbon dioxide into life- giving oxygen and by shading pave- ment and buildings. The Association is urging communities across America to plant 100 million trees. As part of the Global ReLeaf effort, (Name of organization) plans to (description of activity her DATE: TIME: PLACE /LOCATION: Attending the event will be: LIST OF SPOKESPEOPLE WITH THEIR TITLES For more information, contact: NAME PHONE - -30 -- earth Day e v J 1 � Q a � CA D / A program of the American Forestry Association LEAF �.i P.O. Box 2000 Washington, DC 20013 I if e t i to e Sample Feature Article Make A World of Difference This Arbor Day Draft "Everyone's always complaining about the weather," goes the old adage, "but no one ever does anything about it." This Arbor Day, thousands of people across America are planting trees to help cool their communities as part of the Global ReLeaf campaign to reforest the earth. That trees have an impact on climate should come as no surprise. Just step underneath the wide, green canopy of an oak or willow some hot, sultry day, and you'll feel instantly cooler, a beneficiary of the climatic relief provided by the shade of a tree. But trees impact climate in ways larger than the shadows they cast. Burning huge supplies of coal, oil and other fossil fuels has created an atmospheric "blanket" of carbon dioxide that prevents the earth from bouncing the sun's hot rays back into space, warming the earth. In the process of growing, trees absorb excess carbon dioxide out of the atmosphere and convert it to oxygen. Planting and maintaining healthy trees will help off -set the "greenhouse effect" while other solutions are sought to reduce the problems associated with burning fossil fuels. The American Forest Association estimates that America's city streets communit g r ounds, schools and busi- Forestry tY � h' t�' nesses offer space for millions of new trees. According to a formula designed by the Association, we have enough space here in (name of city) to plant number) of new trees. Global ReLeaf, a national campaign of the American Forestry Association launched in 1988 encouraging the planting of a 100 million trees in communities nationwide; enough to offset 18 million tons of carbon dioxide and save American consumers $4 billion in energy costs. That tree - planting effort will get a big boost this year, as hundreds of communities dedicate their Arbor Day to "Global ReLeaf." Here in (name of cam ), a wide variety of tree - planting activities are planned: (list a few of the more interesting ones). But tree - plantings are not the only focus of our Arbor Day events. Public education about global warming is important too. So in addition to the activities described above, the name public library will have a display about climate; a seminar will be held at the (name) community college; and (name) group will offer a slide show about the "greenhouse effect." Planting trees lets ordinary people like you and me take positive action on one of today's most important environ- mental problems. So on Arbor Day, why don't you do something about the weather? Plant a tree. �a,-th Day Q Q 0 �, A program of the American Forestry Association 11 J LE P.O. Box 2000 Washington, DC 20013 Zif et i �ri e Checklist For A Successful Global ReLeaf Press Conference 1. Identify the names, addresses and phone numbers of 9. At the site, make sure there is a sign -in sheet for re- reporters at local radio and television stations and porters, chairs (if possible), a sound system (if neces- newspapers who are likely to cover your Arbor Day sary) and press kits. activities. 10. The press kit should contain a press release (see 2. Create a mailing list of these names so that you can sample enclosed), the Global ReLeaf brochure (see send them information about your activities. enclosed), background information about your organi- zation, other Global Releaf fact sheets (see enclosed), 3. Organize Global ReLeaf activities on sites that report- and any appropriate information about your activities. ers can easily reach by public transportation or with their own vehicles. 11. Make sure the press conference begins no later than 5 minutes after the scheduled time. 4. Schedule activities earlier in the day (between 10:00 a.m. and 1:00 p.m.) rather than later so that reporters 12. No more than three or four speakers should make can attend the events and meet their filing deadlines. statements at the press conference; one or two speak- ' ers is preferred. Each speaker should speak for about 5. Identify the date, time and location of your activities at 5 minutes, after which time reporters should be least three weeks in advance. Strive to organize allowed to ask questions. activities that have strong visual appeal, e.g., actually planting a tree. 13. The press conference should come to an end when reporters have no more questions. At that point, the 6. At least two weeks in advance, send reporters a media organizing spokesperson should thank speakers, advisory (see enclosed sample) providing them with all reporters, and attendees. relevant information. 14. Copies of your press kit should be delivered to all 7. Begin contacting broadcast media by telephone at least reporters on your mailing list who could not attend the ten days in advance in case they have not received or press conference. have overlooked the advisory; begin contacting print media by telephone at least five days in advance. 8. Go to the site of the activities at least one hour before reporters are expected to arrive. th D e � Q G y A program of the American Forestry Association I E LEA P.O. Box 2000 Washington, DC 20013 e LZ fetf Sample Press Release Arbor Day Activities Bring Special ReLeaf For Release: Date For More Information, Contact: Name Phone Number (NAME OF CITY) -- (Name of group) gave special meaning to Arbor Day today when it planted number) of trees in a unique effort to "make a world of difference" in the environment. At a ceremony at location), (name of city jco unity joined hundreds of other communities in the effort for Global ReLeaf. As part of the new program sponsored by the American Forestry Association, Global ReLeaf encour- ages Americans to plant 100 million trees in their communities. According to (name of local meteorologist or other climatologist today's average global temperatures are the highest they've been since records were first kept over 130 years ago. "Clearly, it is time for people to support individual and community programs that will reduce global warming." said (spokes en rson Carbon dioxide (CO.), primarily from burning coal and oil, traps the sun's heat in the atmosphere, warming the earth. Because they use carbon dioxide as they grow, trees can help reduce excess CO levels. By shading pavement and buildings, trees also help conserve energy. According to (Name of Mayor "In this age of the greenhouse effect, trees offer our community the double benefit of both reducing carbon dioxide build -up and encouraging energy conservation through the reduced cooling needs of our homes and offices." The American Forestry Association estimates that there are least 100 million energy - efficient tree planting sites available in American towns and cities. Planting those 100 million trees could offset America's CO emissions by 33 million tons a year while saving American consumers $4 billion in energy costs. "We estimate that (number of trees could be planted in (name of community said (name of speaker "And this Arbor Day, we will see the planting of (number of trees) through the special activities planned by ( ), ( ),and( ). We commend the American Forestry Association for spearheading such an enormous and important campaign. And we thank the citizens of (name of community) for helping to make a world difference in our future this Arbor Day." -30- I I - Global ReLeaf Free Planting Report Fora Please send a copy of this form to the Global ReLeaf coordinator for your state shown on the attached list. Don't forget to also send a copy to: Global ReLeaf, American Forestry Association, P.O. Box 2000, Washington, DC 20013 -2000. Name Organization Address City State Zip Telephone Number Please describe your Global ReLeaf event(s) below. Number of trees planted in your community this Arbor Day for Global ReLeaf Estimated number of trees to be planted in your community this year for Global ReLeaf printed on recycled paper Global ReLeaf JAL � The American Forestry Association Q W RLEAf - P.O. Box 2000 ashington, DC 20013 CITY OF BROOKLYN CENTER Council Meeting Date 4-22 -91 Agenda hem Number /a REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: LEGISLATIVE UPDATE DEPT. APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) Attached please find a copy of the most recent Legislative Bulletin from the League of Cities. have also received information from the North Metro Mayor's on the tax increment financing and fiscal disparity issues. With regard to tax increment financing, senate file 1012 was distributed 00kis Senate Economic Development and Housing Committee on this last Wednesday, April 10th. bill originally exempted industrial and manufacturing districts from the provision of restrictive 1990 legislation and applied only to greater Minnesota. The authors, Senators Fredrickson and Murdock were receptive to a more comprehensive state -wide approach to TIF issues. The key elements of this bill are as follows: 1. Exemption of redevelopment, housing, hazardous substance sub - districts and newly created manufacturing districts from reductions in LGA and HACA. 2. Allows parcels which removed substandard buildings seven years prior to the creation of the district to be included in a redevelopment, renewal or renovation district. 3. Allows for the election of the first year for receipts of initial tax increment, but that determination must occur within the fifth anniversary of certification. 4. Extended manufacturing districts to fifteen years for collection of increment and any delinquent taxes collected after de- certification for any debt service. 5. Lowers the oolin r ° p g restrictions from 75 to 70 /o for polluted property. 6. Provisions for use of credit enhanced bonds which could be used to finance other TIF obligations where revenue is not sufficient. 7. Eliminates the ability of the Revenue Commissioner to have general rule making powers. S. Incorporates the "technical corrections" of the current house bill. All of the provisions serve to make tax increment financing a more useful tool than the current legislation allows. This bill will now go to the full Senate Tax Committee and we would expect • it will meet with tougher resistance. We will know shortly whether we have a chance of getting any modifications to the current legislation giving use some flexibility to use tax increment financing. In the fiscal disparities legislation area, two senate files - 507 and 529 - have been heard in the Metropolitan Affairs Committee and appear to be having problems in that committee. Senate file 507 proposes to take a portion of the fiscal disparities pool and give it to the seven county metropolitan area crime and social services. These monies would go to the Sheriff's office, not the local police who are on the front line of this issue. It appears this would just give an opportunity to finance some of the Sheriff's programs. Senate file 529 proposed to cap the fiscal disparities pool at the $291,000,000 level. This would have the net effect of raising property taxes for all of the north metro communities with the exception of Brooklyn Center and Fridley. It would result in a lower level of taxes for south and west Hennepin communities and other affluent communities in the seven county area as well as Hennepin County. These bills are opposed by the other six counties (other than Hennepin), the Citizen's League and the Metropolitan Council. Brooklyn Center has gone on record as opposed to this type of modification to the fiscal disparities legislation. While these bills are having trouble in the Senate Metropolitan Affairs Committee and may not make it out of that committee they could be attached to another bill as an amendment and show up in a different time and location. In the House, house file 507 (Senate file 529's companion) was heard in the House Tax Committee on Tuesday, April 16th and I have not yet received a report on the results of that hearing. There are several other bills on the same subject authorized by legislators in south and southwestern Hennepin County. Representative Huffnagle of Bloomington has introduced legislation which would completely eliminate fiscal disparities. I hope to be able to update you on the status of these bills on Monday evening and as of yet I have not received any further information. + League of Minnesota Cities - Cities Bulleti Number 14 April 12,1991 City officials rally in rotunda In an impressive show of support for aid to local governments, city officials gathered at the State Capitol for the second time this legislative session..,�� As part of an active 1991 LMC Legislative Conference on April 10, 300 city officials participated in a'rally, in the Capitol rotunda. The rally gave` .: city officials another opportunity to show solidarity on the issues of aid t cuts and property tax increases. During' *, ri the rally city officials heard from Senate and House leaders. r Sen. Roger Moe and Rep. Robert " 't. s� Vanasek conveyed the views of the `� � , ,� -°��_ �` � � � � ��; � �.�� � � � + ° majority party in the Legislature and were critical of Governor Carlson's budget proposal. Sen. Duane Benson"` and Rep. Terry Dempsey offered view- J points from the other side of the aisle, and clarified the governor's views. = Overall, speakers addressed property tax increases, classification rates, taxation of high- valued homes and alternative aid formulas. Bob Benke, president of LMC, moderated f` _ the event. The rally was a strategic time for !�'�• city officials to offer a show of force on local government aid cuts. Much k. of the compromising on budgets will X ,f happen during the coming weeks. The +� +" rally should remind lawmakers of the — devastating effect of these cuts on Minnesota cities and property tax �. rates. JS r` " See other Legislative Conference articles on �.W.. City officials listen to Senate and House leadership during the rally at the Capitol page 4 . rotunda during the Legislative Conference on April 10. See inside for more conference photos. League photos by Debra Nyberg 1 The Cities Bulletin is a publication o' of the League of Minnesota Cities and includes an update of state legis- t. C ontents lative, administrative, and congres- sional actions that affect cities. It also includes reviews of metropoli- tan area issues by the Association of 1 /City officials rally in rotunda Metropolitan Municipalities. 3 / 13th check bill for St. Paul moves ahead 3 / House budget resolution boosts local aids League legislative staff members are 3 / Public hearing on MPCA open burning rules set available to answer your questions 3 / Legislative Conference— Schwarzkopf explains concerning legislation relating to governor's budget proposal cities. 4 / Legislative Conference —Tax committee chairs support cities The Bulletin lists League and AMM 4 / Legislative Conference — Legislature appears authors of articles and bill summa - headed for only modest ries by their initials. changes in property tax class rates 5 / Legislative Conference — Presidential primary, topic of conference session Gayle Brodt - -GB 5 / Legislative Conference — Transportation session Tim Busse - -TB focuses on future Jean Mehle Goad - -JMG 6 / Legislative Conference photos Sarah Hackett - -SH 8 / House committee reports out mailed ballot Carla Heyl - -CH for presidential primary Ann Higgins - -AH 9 / Senate committee passes TIF bill Joel Jamnik - -JJ 9 / Mandates bills stall in Senate Darlyne Lang - -DL 9 / Development Commission bill clears Andrea Lubov - -AL two committees Debra Nyberg - -DN 10 /State agency vacancies; deadline April 30 Stanley Peskar - -SP 10 / NLC requests signatures on Brady bill Roger Peterson - -RP B1 / Bill Summaries Barry Ryan - -BR Inside Donald A. Slater - -DAS back Jim Stigman - -JS cover / Municipal ads John Tomlinson - -JT USFA offers fitness manual Peter Tritz - -PT z League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 612 227 -5600 Fax ( ) a (612) 221 -0986 Page 2 Printed on recycled paper LMC Cities Bulletin i 13th check bill House budget resolution for St. Paul boosts local aids moves ahead The budget resolution the reserve for further assistance to House Ways & Means committee homeowners. Disregarding vocal opposition on adopted on April 9 moves substan- With these components, the the part of the League of Minnesota tially in the direction of restoring House budget resolution brings the Cities special 13th check opposition aid cuts proposed by Governor governor's proposed aid cuts down group and letters of opposition from Carlson. to $150 million, which cities, St. Paul, the legislative commission on The resolution increases aids towns, counties, and special pensions and retirement passed by $100 million compared to the districts would share. H.F.886, a special 13th check bill governor's budget. Perhaps more Still more help on property tax applicable in St. Paul. importantly, the House leadership relief aids may come from local tax It would authorize the St. Paul intends to use most of an additional option and state tax dedication city council to approve some changes $339 million for restoration of ideas the House is seriously in the actuarial assumptions, shifting proposed aid cuts. This amount discussing. some city pension contributions into includes the $189 million proposed The House budget resolution later years, while creating a new by the governor for a homestead includes use of $300 million of the investment yield related pension circuit breaker and $150 million the state budget reserve, a position the benefit for local police and fire fund governor would take from the League is advocating. JT members and retirees. In a prior hearing, the St. Paul House legislative delegation approved Public hearing on MPCA open burning rules set the proposal despite city staff testi- mony that it would cost city and to a Proposed changes to the Minne- proposed rule would not require those lesser extent state taxpayers, an sota rules for open burning will be who live outside of incorporated cities additional $75 million between now discussed at a public hearing at 9:00 to have MPCA permits for most fires. and the year 2010. a.m., April 16, in the Minnesota The rule was published in the The legislative commission on Pollution Control Agency (MPCA) State Register, Volume 15, Number pensions and retirement considered the board room at 520 Lafayette Rd, St. 18, pages 993 -999 on Ocotber 29, bill on April 4, but it did not pass Paul. 1990. Copies are available by calling because of insufficient Senate support. Additional days may be sched- or writing to Norma L. Florell, Sen. Steve Morse (DFL- Dakota) and uled, if necessary. Interested or Minnesota Pollution Control Agency, Sen. Earl Renneke (DFL- LeSueur) affected people are invited to comment 520 Lafayette Rd, St. Paul, MN 55155, refused to support the measure and at the hearing or submit written state- (612) 296 -7712 or call toll -free 1-800 - Sen. LeRoy Stumpf (DFL -Thief River ments to the administrative law judge. 652 -9747 and ask for the MPCA. Falls) was unavailable because of con- The proposed rule clarifies Written comments may be sent to flicting hearings. However, on April 9 permitting requirements and amends Administrative Law Judge Richard C. with Sen. Morse not in attendance, the the rule to conform to changes in state Luis, Office of Administrative Hear - commission reconsidered and passed statutes. While the former open ings, 500 Flour Exchange Bldg., 310 the measure. The House Governmen- burning rule required an MPCA permit 4th Ave. S., Minneapolis, MN 55416. tal Operations Committee passed the for almost all open burning, the bill on April 11. Now the St. Paul special bill seems likely to pass both houses unless the Senate Governmental Operations opportunity to talk to your legislators Stumpf to prevent passage of the St. Committee rejects it. to get them to discourage commission Paul bill in Senate Governmental Passage of a special 13th check members from passing the statewide Operations and to oppose the statewide bill for any city weakens our ability to bill. Special efforts should be made to bill at all levels. prevent similar legislation for other praise Sens. Morse and Renneke for In addition, city officials should cities. their opposition and to convince Sen. urge the governor to veto any city 13th City officials should use every Gene Waldorf (DFL -St. Paul) and Sen. check bill that may be passed. SP April 12,1991 Printed on recycled paper Page 3 t Legislative Conference Tax committee chairs support cities Schwarzkopf pp At the League's Legislative governor would be regressive and explains governor's Action Conference Sen. Doug unfair." budge proposal Johnson, Chair of the Senate Tax Ogren noted that dealing with the g p p Committee, and Rep. Paul Ogren recession should not repeat the (DFL- Aitkin), Chair of the House Tax experience of the 1981 session, when During the League's Legislative Committee, both criticized Governor the steps taken caused a 28 percent Conference, Lyall Schwarzkopf, Carlson's proposed aid cuts and property tax increase in 1982. He Governor Arne Carlson's chief of staff, pledged substantial improvements in objected to the trend started in 1989, explained why the governor's budget the House and Senate tax bills now when state property taxes exceeded proposal includes large cuts in state being developed. individual income taxes for the first aid to cities and changes in the Johnson called the governor's aid time since the early 1970s. The propoerty tax classification system. cut proposals "a move back to the governor's budget would greatly Schwarzkopf said that with a fore- '60s," steps which would greatly increase this trend. To meet state casted deficit of $2 billion, it's threaten city services and destroy the budget needs, he said the House will difficult to fix problems. The gover- state -local relationship. He chided the rely on the income tax, not the nor, according to Schwarzkopf, wants administration responding to city con- property tax. to get at the property tax problem. He cerns, with "Stop whining." Ogren said that the House is said, we keep pumping in money to Johnson outlined initial Senate working on dedicating part of the state buy down the property tax, and the plans to make some reductions in the sales tax to property tax relief aids. state needs to cut off that kind of class rates for top -tier homes and This plan is intended to help Minne- dependency. commercial- industrial property, use sota cities, and he will need our help in The statewide average cost of more than the $150 million of the supporting the plan. services per home is $3,490, Sch- reserve that the governor has pro- Both Johnson and Ogren ex- warzkopf said. Of that $2,000 is for posed, make further state agency pressed support for elimination of the schools; $650 for counties; $600 for budget reductions, and make use of three percent rate on top -tier homes, cities; and $125 for special districts. some income tax increases. He probably on a gradual basis. However, Because of the classification concluded by saying, "Greater reliance they oppose allowing this change or system, Schwarzkopf said, people who on the property tax as proposed by the other class rate reductions to shift to live in $68,000 homes pay about $677 low -value homes. JT in property taxes, and someone else pays the rest. People in a $100,000 Legislature appears headed for only home pay about $1,300 in taxes and people who live in $250,000 homes modest changes in property tax class rates pay $5,800. We're paying through At the League's Legislative Sen. Gen Olson (IR- Mound) commercial and industrial taxes, and Action Conference on April 10th, the presented the case for setting a we're paying through the income and legislators speaking on property tax uniform class rate on all homesteads sales taxes, he said. class rates predicted only modest and greatly compressing the overall Schwarzkopf said the governor changes in the class rate structure. class rate structure. Many of her wants to change the local government Sen. Ember Reichgott (DFL -New constituents with modest homes and aid system too. There is a lack of Hope) predicted that the one percent incomes are facing market value accountability in the current system, class rate on low -value homes would increases which push their property he said. The governor feels there not be changed at all; Governor taxes up to 20 -30 percent of their should be as little state interference in Carlson has proposed a 1.3 percent income. local issues as possible, Schwarzkopf rate in 1992 and two percent in 1994. Sen. Reichgott made the first said. He would like to reduce man- She also predicted gradual public announcement of her proposal dates on cities. progress on reducing the top home- to provide state financial incentives to Schwarzkopf explained how the stead tier, either by reducing the three local governments which voluntarily state is cutting back. He asked cities percent rate or by raising the $110,000 merge specific services. Full consoli- to share ideas for providing better break point. She predicts the Legisla- dation of local governments would services for less money, and suggested ture will slightly reduce the commer- also be eligible for incentives. JT that cities look into consolidating cial- industrial rate of 4.95 percent. services and working together. JMG Page 4 Printed on recycled paper LMC Cities Bulletin Legislative Conference Presidential primary, topic of conference session t During the LMC Legislative redistricting process at the local level cost of administering the primary Conference, Secretary of State Joan and to provide exemption from levy balloting. Growe told city officials how the state limits for the cost of local redistricting Local officials said they are may conduct the 1992 presidential activities. concerned about paying for a political Perry- Growe estimates the cost for activity - -at which no one is elected to As the state's chief election conducting the all -mail balloting for office as a result of votes cast. officer, Growe said that she is support- the primary at $3 million. That is the Growe supports the statewide mail ing a centralized mail ballot for the same as the estimated cost for con- ballot method for the 1992 presidential April 7 statewide presidential prefer- ducting the presidential primary at the primary because it doesn't require ence contest. local level, according to state officials. local government to conduct the Tom Durand, director of opera- Under the latter method of voting (at voting activity. It would also relieve tions for the Secretary of State, local polling places), cities (and cities of such responsibilities when answered questions about the recom- counties) would pick up a large share they are likely to be redrawing ward mendations from the post- redistricting of the cost unless the Legislature and precinct boundaries to meet the activities task force. The task force is appropriates funds to cover the actual redistricting deadline. AH supportingproposals to streamline the Transportation session focuses on future City officials heard legislators and interim study of the transportation metro congestion that will face the the commissioner of transportation utility before the 1992 legislative Twin Cities metro area," he said. As discuss future options and future session. chief author of the house transporta- expenses of transportation at the 1991 In a meeting of the Metropolitan tion bill, Kalis vowed that LRT Legislative Conference. Affairs Committee on Wednesday, proposals will get his strong support. Sen. Keith Langseth (DFL- April 10, Langseth offered an amend- The final speaker at the session Glyndon) discussed the 20 -year needs ment to the omnibus bill to provide for was Minnesota Department of Trans - assessment the Transportation Study study of "the use and effect of methods portation (MnDOT) Commissioner Board has developed. other than property tax revenues to John Riley. Commenting on Minne He told city officials that this finance local transportation improve- sota's ranking lowest in highway year's Omnibus Transportation Bill ments, including impact fees, transpor- fatality rates, Riley said that maintain - (S.F.598, Langseth; H.F.723, Kalis) tation utility fees, and similar meth- ing this safety record and improving contains many policy and program ods." railroad safety are two top priorities issues, but no funding mechanisms. It Rep. Henry Kalis (DFL- Walters), for his department. In addition, he is a very tight budget year, he said, and talked about the "rough session" that hopes that MnDOT will become a that it's not the appropriate time to legislators are facing in light of the better planning agency from a con - include the financing requests. state's budget shortfall. He said many Sumer- oriented perspective. He said Langseth expects the 1992 transporta- problems were only being addressed the department is dealing with "flat" tion bill to include several funding with an urban/rural viewpoint that he revenues and will have to stretch increases for transportation needs. thought was too limited and damaging available dollars to the maximum. Langseth said that many people to statewide issues such as transporta- The major issues he hopes to view his proposal for private financing tion. address in the coming years are urban of road and bridge tollways as futuris- Having visited Sweden and congestion and Twin Cities airport tic. He argued that public funding will Germany to study their use of light rail expansion or relocation. He said costs g P not be available or timely o address transit LRT Kali i tra s said that the U.S. are: 1.9 million Y ( ). $ for expansion of the many future highway needs, particu- and Minnesota are already behind- current location, and between $3.2 and larly for commuters in the metro area. schedule in addressing the transporta- 3.7 million for total relocation. The Langseth has removed the concept tion needs of the next 50 years. He airport decision, he said, will affect of a transportation utility from the bill. cited environmental concerns, energy every other transportation decision and The League and the Minnesota Asso- shortages, and highway overcrowding. he would like to move the process ciation of City Engineers support the "We cannot build our way out of the ahead, by up to one full year. SH utility. Langseth said he will urge April 12, 1991 Printed on recycled paper Page Legislative e. C® Pere c v w RIO A dtN- •+" r w 4 at s s f, ftwo' } t. a- Y e u a� 1' I Tr a .. } _ y �� r y a k ° A N x •c ^� - `t Clockwise, starting in upper left. ,�A Sen. Doug Johnson (DFL -Cook) and Donald Slater, LMC '� i'� '" O`V Executive Director, listen to Rep. Paul Ogren. Lyall Sehwarzkopf, Chief of Staff for Governor Carlson, `* r spoke at the noon luncheon.' ' ! City officials listen to Rep. Dempsey, Speaker of the House Robert Vanasek, and Sens. Roger Moe and Duane Benson. Rep. Terry Dempsey addressed city officials during the rally - = at the Capitol. Page 6 Printed on recycled paper LMC Cities Bulletin Top two photos: City officials gather at the Capitol for a rally.�� ' Bottom row, from left. do "�SAA _�lnY_ ST _ Rep. Paul Ogren . §� , t x: City officials listen to House and Senate leadership. �'•" - -- League photos by Debra Nyberg �a " IL I IS ". w'A x Al :- � • � 3.a y i,�����'; �-''��P+,� r;� ' �•�'���. �t��++�t "tip � '; � Ir 1 11011 • t y� s �' Ma v y i � y 7 `b � r ` � ''i I � 4 • 4 � �� s 'r .yk� -ii �',4 s� t if s !i±. 3, its : _ _ . .. � April 12, 1991 Printed on recycled paper Pabe 7 House committee reports out mailed ballot for presidential primary The House General Legislation situation which would mean that cities the date of the 1992 presidential Committee has approved legislation (and other local units of government) primary. Cities would be responsible (H.F. 397) which authorizes the would have to conduct the primary for making election judges and voting Secretary of State to conduct the 1992 balloting in the same manner as a booths available to the counties. presidential primary by mail. The regular state primary election with (Cities would have to cover those measure, if funded, could save at least little expectation that the state would personnel and equipment casts.) $3 to $4 million in local election costs. reimburse costs incurred for pre- Legislators supporting the first -in- The League was against requiring primary registration, polling place the nation statewide mail presidential cities to administer the national expenses, election judge compensa- primary ballot are interested in candidate preference contest since it is lion, etc. increasing voter participation and a political party function and relates Under terms of the legislation the reducing the cost of balloting. The more specifically to the nomination of House committee approved, ballots League has insisted that the state fund presidential candidates by major and return envelopes would be sent to the entire cost and reimburse cities for political parties. about 2.7 million voters on the all costs of administering the presiden- The Senate Elections Committee statewide automated voter registration tial primary. did not take up the companion Senate system. Voters would cast ballots Joan Anderson Growe, the bill (S.F. 263) by the deadline for indicating their presidential candidate Secretary of State, testified in support committee action last week. We expect preference and mail back their ballots of cities' concerns. She said that cities that the Legislature will work off the to St. Paul. will have to complete local redistrict - House- passed version of the bill when Primary day on -site balloting ing during that same time and that it gets to the floor. would be available for eligible voters there will have to be an increase in Lawmakers must now decide on who did not receive a ballot in the city budgets and staff to take care of funding the measure, which will mail. Counties would be responsible both responsibilities. This is also at a require new spending not previously in for making available at least one time, Growe said, when cities may be the biennial state budget. That still polling place per county for those who experiencing serious fiscal problems. leaves open the possibility that wish to register and vote on April 7, AH lawmakers might revert to the current Model Ordinance Code The Model Ordinance Code is a compilation of model and actual ordinances on major subjects on which city councils need to legislate. The code includes ordinances which all cities need such as beer licensing ordinances and those state or federal law require such as a civil defense ordinance. Cities can use the Model Ordinance code as a guide and adapt it to meet local needs. Price: Member cities $50.00 Name: Non -member cities $65.00 Commercial/business $68.90 Title/Company (includes sales tax) Address Advance payment required Send order form and payment to City, State, Zip League of Minnesota Cities 183 University Avenue Fast St. Paul. Mir 55101 Number Enclosed is $ Page 8 Printed on recycled paper LMC Cities Bulletin Senate committee passes Development TIF bill Commission Some of the harshest provisions of general information about TIF to the bill Clears tax increment financing (TIF) could be committee two weeks earlier. eliminated if S.F. 1022, (David In addition to the technical Frederickson, DFL- Murdock) as amendments, S.F. 1022 would elimi- two committees amended in the Senate Economic nate the LGA/HACA cuts for redevel- Development and Housing Committee, opment, renovation and renewal, and S.F. 887 (Beckman, DFL -Brice- continues to work its way through the housing districts, as well as for a lyn) cleared Senate Economic Devel- legislative process. newly created manufacturing districts. opment and Housing and Government The bill originally exempted only These districts, which have a 15 -year Operations Committees April 11, Greater Minnesota cities from the life, are designed to assist projects meeting the April 12 policy committee LGA/HACA cuts the Legislature where at least 70 percent of the square deadline. enacted last year. The new amend- footage of the buildings are for The bill, which is an "A" priority ments incorporated the technical manufacturing, storage and distribu- of the League, would create a legisla- changes of the House bill (H.F. 1497, tion (excluding retail sales), or tive commission to examine the role of Rest, DFL -New Hope), summarized in research and development. the public sector in economic develop - this week's bill summaries, and added The bill would also allow cities to ment and prepare a report to the provisions that will make TIF easier to choose the first year to collect incre- Legislature for consideration in setting use for all cities. ment. This provision would be par - policy. Presenting the provisions of the ticularly useful when dealing with re- In presenting the bill to both bill were: Bill King, economic development and polluted lands committees, Beckman said that the development director, Brooklyn projects. The bill contains a number Legislature keeps reacting to individ- Center, and chair of the League's of provisions that would make it some- ual requests in economic development, Development Strategies Committee; what easier to pool tax increments. and that the bill will, over the long Arlin Waelti, an attorney with Mack- The Senate Tax Committee will run, streamline the economic develop - all, Crounse and Moore; and Jim consider the bill next. The nontechni- ment process. Economic development Casserly, a former legislator, now a cal amendments could have a "rough policy is driven by programs, he TIF consultant. The trio had presented going" in that committee. AL explained, and it needs to be driven by a guiding policy. Speaking for the bill, Bill King, economic deveoment Mandates bills stall in Senate Brooklyn Park, and chairr the Two bills which would have eased Sen. Phil Riveness (DFL- Bloom- League's Development Strategies the problems cities face complying ington) suggested that fiscal notes Committee, said that the logic behind with unfunded mandates, S.F. 448 prepared by the state agency involved the bill is to look at all the programs (Morse, DFL- Dakota) and S.F. 988 in the bill or the Department of that involve economic development (Vickerman, DFL- Tracy) stalled in the Finance to estimate costs are often and coordinate them. "We need to Senate Government Operations presented with more concern to look at our resources and align them in committee on April 12. politics than economics. The Legisla- order to get the most done for the least The committee, chaired by Gene ture would need to find a way to hold money." AL Waldorf (DFL -St. Paul) recognized the Department of Finance account - that local governments have difficulty able for preparing accurate complete complying with unfunded mandates, fiscal notes. _ but they said the bills would create Sen. Larry Pogemiller (DFL- r' another layer of bureacracy and not Minneapolis) said that it would be solve the problem. appropriate for an interim joint Both bills would have created an commission to examine the mandates independent authority to estimate the question. Waldorf concurred, and said cost of complying with mandates, and it is important to "...put teeth in the , legislators were concerned that such a (mandate review) process," but to CARE is them-i,- procedure would usurp legislative avoid creating a new layer of bureauc- ®G responsibility and authority. racy. AL April 12, 1991 Printed on recycled paper Page 9 State agency vacancies; deadline April 30 The April 8 copy of the State management, pipeline routing. Metropolitan Airports Register includes notice of vacancies Monthly meetings. Members must file Commission (MAC) for several state agencies. with the Ethical Practices Board. 6040 28th Ave. So. For application forms write to the Office of the Secretary of State, Open Information Policy dvisor Minneapolis 55450 Appointments, 180 State Office y y 612 - 726 -8100 Task Force Appointing authority: Governor. Building, St. Paul, MN 55155 -1299, 309 Administration Building Compensation: $50 per diem. (612) 297 -5845; or pick up forms at 50 Sherburne Ave. Vacancy: Three members: including Room 174 of the State Office Build- St. Paul 55155. one from MAC precinct six, one from in g' 612- 296 -5643 MAC precinct seven, and one for a For more specific information Appointing authority: Commissioner city, town, or county outside the about these vacancies contact the of Administration. metropolitan area containing an agencies listed below. The application Compensation: Non - legislative intermediate airport. deadline is Apri130,1991. members are reimbursed for expenses. The commission promotes air Vacancy: Three members: one local transportation locally, nationally, and Minnesota Environmental government representative, one private internationally by developing the Twin Quality Board sector representative, and one state Cities as an aviation center. The Centennial Building, 3rd Floor agency representative. commission consists of 15 members, St. Paul 55155 The task force advises the com- including the chair and 12 members 612 - 296 -2723 missioner on the progress, needs, and appointed by the governor, including Appointing authority: Governor. recommended direction of information eight residing in precincts determined Senate confirmation. management for the state. The task by the governor, and four residing Compensation: $55 per diem. force consists of 18 members of which outside the metro area, two from Vacancy: One public member must two are members of the House from cities, towns, or counties containing a have knowledge of water management different political parties, appointed by key airport, and two from cities, issues in the state. the speaker of the House, and two are towns, or counties containing an 10 The board insures coordination members of the Senate, from different intermediate airport. The mayors of and cooperation among state agencies political parties, appointed by the Minneapolis and St. Paul, or desig- on environmental issues and advises senate committee on committees. The nees, are ex- officio members. The the governor and Legislature on remaining 14 members include chair receives $19,263 per year plus environmental legislation and issues. representatives of the Supreme Court, expenses and serves at the pleasure of The board consists of 15 members executive branch, state agencies, local the governor. Monthly meetings. including five public members the government, the higher education Members must file with the Ethical governor appoints. A representative of system, librarians, and private indus- Practices Board. JJ the governor's office serves as chair. try. Quarterly meetings. Other members include the commis- sioners of the Department of Agricul- ture, Department of Health, Depart- ment of Natural Resources, Depart- NLC requests signatures on Brady bill ment of Transportation, Pollution Control Agency, Department of Public Service, and the State Planning The National League of Cities urgently requests city Agency, the chair of the Board of officials who support the Brady bill (see March 29 Bulletin) Water and Soil Resources, and the director of the Office of Waste which calls for aseven -day waiting period for handgun pur- Management. chases to fax their signatures to Janet Quist at NLC (202) 626 - Environmental Quality Board 3043. They will be included on a letter to members of Con - programs include environmental gress from local officials across the nation supporting passage review, water resources management of the bill ( H.R. 7). Deadline is Monday, April 15, but you are and planning, power plant siting, power transmission line routing, urged to send signatures during the coming week. NLC will critical areas, radioactive waste include those on the letter. AH Page 10 Printed on recycled paper LMC Cities Bulletin Bill summaries * Indicates League support or general conformance to League policies. Courts and crime -Would expand the definition of taxes levied in 1991, payable in 1992, Domestic abuse data system substandard buildings in redevelop- and thereafter. SH S.F.1191 (Ranum, Reichgott, Knaak, ment districts; Cohen, Pogemiller) (Judiciary) would -Would require county auditors to C/I refund for large tax increases create a data system that includes pay delinquent taxes to the district H.F.1355 (Runbeck, Heir, McPherson) information on domestic assault when districts have terminated when (Taxes) would create a state refund crimes and domestic abuse orders for outstanding bonds and other obliga- program for commercial/industrial protection. The bill would also require eons have been paid from sources property beginning with taxes levied in collection of the data from the trial other than tax increments or remain 1991, payable in 1992. A maximum court information system and the unpaid; refund of $4,000 could be received criminal justice data communications -Would allow some administrative calculated at 50 percent of the increase network. The bill also specifies that costs to be treated as expenditures in property taxes that exceeds 20 the creation of this data system should within the district; percent of the net tax payable in the take into account potential impacts on -Would modify the five -year rule preceding year. Only commercial/ victims of domestic abuse. TB for spending tax increments; industrial property taxed at the highest -Would clarify that payment of rate is eligible for the refund. Annu- Interest on arbitration awards credit enhanced bonds out of the "in ally, $25 million is appropriated for S.F.1208 (Luther, Cohen, Belanger, district" share of increments is not the refund. SH Reichgott, Finn) (Judiciary) would subject to the five -year rule; allow arbitration awards to include -Would clarify treatment of Discount for early property tax taxable property in a TIF district that payment interest and would allow the court or p y an arbitrator to modify an award based becomes tax exempt, due to default, H.F.1451 (R. Anderson, Ogren) on an error of law. TB and then becomes taxable again, (Taxes) would authorize a discount, of -Would clarify treatment of about five percent, for taxpayers who Economic development demolished substandard buildings; pay property taxes in full on or before -Would expand the assessment April 15 (one month early) or 10 days Penalties and interest agreement law to allow agreements after the postmark on the tax state - S.F. 1114 (Olson)(Economic Develop- with property owners who are not ment, whichever is later. The discount ment and Housing) would require that developers; and would apply only on property taxes all penalties and interest collected on -Would provide special provisions which exceed $50, and would not properties in tax increment districts for Moorhead and Fergus Falls. AL include special assessments. No state where there is outstanding debt be appropriation is provided to supple - distributed to the city in which the Finance and taxation ment this discount. Effective for taxes property is located. AL MVET exemption for police or levied in 1991, payable in 1992, and sheriff vehicles thereafter. SH Tax increment financing H.F.1128 (Waltman, Begich, I. H.F. 1497 (Rest) (Taxes) would amend the tax increment statutes. Most of the Anderson, Pauly) (Taxes) would Public library operating costs exempt the purchase of motor ve- special levy changes are technical or clarify S.F.1098 (Chmielewski) (Taxes & Tax language in the 1990 law. Key hicles, whether they are "marked" or y not which are to be used exclusively Laws) would create a special levy for , changes are: cities and counties for the operating -Would make captured tax for law enforcement by a city police p department or county sheriff from the costs of public libraries. The bill capacity generated in existing districts would not allow cities and counties to amended after April 4, 1990 subject to six percent motor vehicles excise tax. • p � Other city vehicle purchases are use the levy for regional library LGA/HACA cuts; systems or multicounty libraries. If *Would exclude equalized levies currently subject to this tax. SH q the local government uses the special for health and safety and several others levy, the bill would deduct authority from the calculation of LGA/HACA Levy limit repeal advanced to current year for the previous such levy from the reduction; levy base of the local government. Ef- •Would require income limits for H.F.1258 (Segal) (Taxes) would move q fective for taxes levied in 1991, interest reduction ro rams to be up, by one year, the repeal of levy p g limits on cities and towns. Under the payable in 1992, and thereafter. SH adjusted for family size; bill, levy limits would be removed for April 12, 1991 Printed on recycled paper B Bill summaries continued Public financing g p ammng agency and transfer its Ramsey County sheriff and the St. S.F.1179 (Pogemiller) (Taxes & Tax powers and duties as necessary. The Paul chief of police would be respon- Laws) would specify that mortgages bill would provide for the appointment Bible for developing and submitting to granted by political subdivisions on of a state demographer, and would the board a plan for the assimilation of property owned and used by that specify the duties of the land manage- functions by the police department. subdivision for governmental opera- ment information center within the The plan would be submitted to the tions are not subject to mortgage department of administration. TB police district board and Legislature registration tax. The bill further speci- before February 15, 1992. The bill fies that port authorities and economic Storm sewer improvements makes an unspecified appropriation development authorities are liable in S.F.1126 (J. Johnson, Waldorf) (Local from the general fund to the Ramsey tort and contract in the same manner Government) would establish proce- County police department. TB as private corporations. The bill dures for local governments to follow would allow the sale of government before awarding a contract for storm Building code obligations through private negotia- sewer improvement. The bill would S.F.1149 (Finn, D.R. Fredrickson, tion, and specifies the allowable uses require two publications in an official Morse) (Governmental Operations) of of city, county, or hospital district newspaper announcing a public would require that building code bond revenue proceeds under lease hearing on the matter and mailed inspection fees for public buildings be agreements. TB notices to affected homeowners. The equitable and based on an hourly bill would also require an engineers' charge for services, and not on a Property tax exemption for city report addressing the feasibility and percentage of the cost of the construc- recycling centers the estimated cost of the project. TB tion project. TB S.F.1233 (Knaak) (Taxes & Tax Laws) would exempt real and personal Water and wastewater treatment Debt capacity forecast property which is leased by a city and facilities S.F.1182 (Merriam, Renneke, Storm, used as a city recycling center. The S.F.1129 (Lessard) (Local Govern- Waldorf) (Governmental Operations) lease for the property must be for a ment) would expand the authority of would require the commissioner of period of at least 12 consecutive local governments to contract for finance to prepare a debt capacity months and the city must have private design and construction of forecast including general and moral exclusive use of the property. Effec water and wastewater treatment obligation bonds, revenue bonds, tive for taxes levied in 1991, payable facilities. Each awarded contract loans, grants payable, and capital in 1992, and thereafter. SH would require a payment and perform- leases. The bill would require the ance bond for the construction portion forecast to show the actual amounts of General government. of the project, would require a 12- debt for the past two fiscal years and Refrigeration workers month performance guarantee, and the estimated for the next six years. H.F.1270 (Trimble, McGuire) (Com- would allow construction progress The bill also would require a detailed merce) would require cities in the payments by the municipality to the capital budget including recommenda- metropolitan area to require people successful bidder. TB tions for capital projects to be funded who install and repair refrigeration during the next six fiscal years. TB equipment to hold at least a journey- Ramsey county police department S.F.1136 (Kelly, Pappas, Cohen, Housing would not apply to automotive air Permanent housing trust fund conditioning or to domestic and establish the Ramsey County police H.F. 1260 (Segal) (Housing) would r household refrigeration equipment. department and would grant the amend the Minnesota Constitution The bill would not prohibit cities from department the rights, powers, loges, and immunities of a municipal (subject to referendum) to create a adopting ordinances that provide for permanent housing trust fund to fund licensure, permits, or fees, related to corporation. The bill would also development, construction, acquisi- refrigeration workers. TB establish a police district board made tion, preservation, and rehabilitation of up of 11 elected officials the governor low- income housing. Funding for the Abolishment of state planning would appoint. The board would begin trust would be from dedication of at agency on July 1, 1991. The board would set least 15 percent of state lottery H.F.1278 (Pelowski, Vanasek, Long, the property tax levy for police service proceeds. AL Reding, S. Nelson) (Governmental in Ramsey County and would direct Operations) would abolish the state the police department budget. The 82 Printed on recycled paper LMC Cities Bulletin Bill summaries continued Bonding llocation ees as well as RTB duties would be St. Paul economic development g p S.F. 1324 (Metzen) (Economic transferred to the Metropolitan S.F. 1172 (Kelly, Pappas) (Economic Development and Housing) would Council, making it an operating Development and Housing) would i entitle the Dakota County Housing and agency for regional transit. All allow the St. Paul housing and redevel- Redevelopment Authority to issue up appointments to RTB would be shifted opment authority to implement a 1 to $10 million of housing revenue to the council, and language referring citywide economic development bonds each year without application to to AMM nominations would be program which would include the the competitive pool. The bill would repealed. The bill would become following activities: provide working reduce the competitive pool by $10 effective Aug. 1, 1991. RP capital financing, acquire an equity million. AL interest in for - profit businesses, apply Metropolitan taxes its funds anywhere in the city. AL Metro H.F. 1466 (Hufnagle, Morrison, Fiscal disparities Skoglund) (Taxes) would repeal fiscal Ramsey County: Authority to exceed H.F.1203 (Schreiber, Scheid, Carruth- disparities, the revenue distribution act library special levy limits ers, Jacobs, Stanius) (Taxes) would of 1971, and would eliminate all S.F. 1195 (Novak) (Local Government) modify the metropolitan revenue references to it throughout the statutes. would allow Ramsey County to exceed distribution system (fiscal disparities) RP the existing six percent special levy for by providing a variable contribution, its regional county libraries. The phasing out certain contributions and Special legislation county and the cooperating cities and equalizing commercial - industrial tax Minneapolis small business loans townships could exceed this limit to capacities. It would change the rate of H.F. 1269 (Clark, Segal, Wejcman) pay operating and maintenance costs contribution from a flat 40 percent to a would allow Minneapolis to after approval by the Ramsey County sliding scale from 20 percent to 40 increase the amount the city council or board. Effective for taxes levies in percent, based on relative wealth (the the community development agency 1991, payable in 1992, and thereafter. greater the relative wealth, the greater can lend to a small business from SH the contribution). It would phase in the $450,000 to $2 million. AL pre -1991 property tax values for CI over an eight -year period and would adjust current year tax capacities by the median CI sales ratio. It would phase in pre -1979 TIF exempt prop- erty over a four -year period and would If you're looking for some use equalized values for contribution good reading, you've just purposes. It would add real property found it. The free Consumer (i.e., manufactured homes) to the Re ad ' in g Information Catalog. m distribution calculation for wealth. It The Catalog lists about 200 would be effective for property taxes wo r th federal publications, many levied in 1991, payable in 1992 and of them free. They can thereafter. RP E help you eat right, manage your money, stay Metropolitan Council E writi healthy, plan your child's S.F. 1323 (Frank) (Metropolitan y education, learn about Affairs) would change the term of the O �• federal benefits and more. Metropolitan Council chairs and would reorganize the duties and relationships So sharpen your pencil. between the RTB and the Metropolitan Write for the free p° Consumer Information Center Consumer Information Council. The Metropolitan Council Department RW Catalog. And get reading Chair would be changed to a fixed, Pueblo, Colorado 81009 worth writing for. six -year term from the current "at the pleasure of the governor" term. The U.S. General Services Administration. RTB would become advisory to the Metropolitan Council, and all employ- . April 12, 1991 Printed on recycled paper 133 61 09*901 0 { ® ® Rio EoCeTeOle Rey* r OF MINNESOTA CITY OFFICIALS Available in February Price $20* The Directory contains: • Names of all city officials and department heads in Minnesota • City hall street addresses and zip codes • Designation of Plan A and Plan B cities • Council meeting dates • Telephone numbers of city hall or city clerk, when available • Population estimates from the 1990 federal census • Legislative and congressional districts * Advance payment required. Discounts available for member city officials and state agencies. Mail order form to Finance Department, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101 Order form: 1991 Directory of Minnesota City Officials Name Number Title of copies at $20 Firm/State Department State agencies: 10% discount Member cities: 25% discount ` Address Subtotal City /State /Zip 6% sales tax Postage and handling Postage and handling If your order is between: $1.00 and $25.00 $1.50 (see chart at left) $25.00 and $50.00 $3.00 $50.00 and $75.00 $4.50 Total enclosed over $75.00 $6.00 B PRESERVATI Mun PLAN ON IT �� Planning n restoring a house g g , saving a landmark, reviving Municipal ads are printed at no charge to member cities. Ads run in one Issue only unless notice Is your neighborhood? > received to run a second tlme.TheCldesBu/ledn is published weekly during the legislative session and Gain a wealth of experience twice a month during the interim, the tlme between sessions. Municipal Ads will appear In the neat available Cities Baltada, Cities have the right to reject any or all bids on equipment or proposals, and and help preserve our historic to waive any inrormaiitles therein. Minnesota cities are equal opportunity employers and architectural heritage. Join the National Trust for Historic Positions For sale Preservation and support CITY CLERK ADMINISTRATOR. FIRE TRUCK The City of Lanesboro is preservation efforts in your The City of Chisago City (population accepting bids for a 1991 fire truck with community. 2,009) is seeking a clerk administrator. pumper according to the specifications on file Write: Chisago City is located 35 miles northeast in the office of the clerk, on the basis of cash of the Twin Cities and has nine full -time payment. Bids will be accepted at the city National Trost employees. The clerk administrator will clerk's office until 4:30 p.m. on Monday, June for Historic Preservation report to the city council. Requirements 24, 1991. Bids must be accompanied by a cash Department PA include knowledge and experience in eco- deposit or certified check payable to the clerk 1785 Massachusetts Ave ., N.W. nomic development, finance, administra- for not less than 10 percent of the amount bid. Washington, D.C. 20036 tion, zoning, planning, and personnel; Send bids to Lanesboro City Clerk, 202 bachelors degree in public administration or Parkway South, Box 333, Lanesboro, MN a related field; and five years experience in 55949. Securely seal bids and mark on the a responsible management position. Current outside wrapper a brief statement describing - salary range is $28,275 to $31,750. Send the fire truck. The Lanesboro city council resume with references to Search reserves the right to reject all bids. Copies of _ Committee, P.O. Box 356, Chisago City, the specification are available on request to MN 55013. Application deadline is April any bidder for a deposit of S15 to guarantee r , . a r -� 19, 1991. EOE safe rearm. Bids will be opened and consid- ��� .--. ,:;1 ECONOMIC DEVELOPMENT CO- eyed by the city council at 7:30 p.m. in the Wi ORDINATOR/ADMINISTRATIVE council chambers on Monday, June 24, 1991. ASSISTANT. The City f Melrose is COMPUTER - - - y EQUIl'A4INT. The City of " accepting applications for an economic Bloomington has for sale miscellaneous .. development coordinator /administrative computer equipment. Bids will be accepted by assistant. Duties and responsibilities include the City of Bloomington Purchasing Agent business and industry retention and until April 15, 1991. For more information or a — - - recruitment; organizing and coordinating list of equipment and bid form call 881- 5811, = ., __ economic development related activities; ext. 254 between 8:00 a.m. and 4:30 p.m.?* i and assisting in planning, organizing, and TERMINALS. The City of St. Cloud has _ coordinating municipal government for sale two Memorex 2291 terminals for use operations. A copy of the job description with the State CJIS/CJRS systems. Both new in can be obtained at the city center. Starting 1987 and have never been used. Make offers salary is open. Submit applications to City and inquiries to the city clerk at (612) 255 - i , Clerk- Treasurer, P.O. Box 216, Melrose, 7210. MN 56352. Applications must be received USED MOWERS. Used Tiger mowers by April 30, 1991. EOE with or without tractor. Flail or rotary (side or rear). Call (612) 890 -3326 or 1- 800 -658 -5491. i i I USFA offers fitness manual t A r' ..V The U.S. Fire Administration essential role fitness plays in the f t .� (USFA) has published "Physical firefighter's professional life. Fitness Coordinator's Manual for Fire Topics include body composition, ' Departments." It is designed to assist nutrition and weight control, injury fire department physical fitness prevention and management, and age instructors in developing, imple- and sex considerations. menting, and managing such a Copies of the manual (publication program. no. FA -95) are available at no cost May 20.27, 1991 The manual highlights the from the USFA, P.O. Box 70274, importance of physical fitness and the Washington, D.C. 20024. GB Printed on paper recycled a Y P P FIRST CLASS U.S. POSTAGE PAID St. Paul, MN PERMIT NO. League of Minnesota Cities 183 University Avenue East St. Paul, YIN 55101-2526 Phone: 612-227-5600 FAX: 612-221-0986 The League of Minnesota Cities publishes the Legislative Bulletin weekly during the Legislative session and twice monthly during the interim, the time between ij sessions. Subscriptions: members-$35. non- members-$50. Contact: Laurie Audette, League of Minnesota Cities. APR 1 5 Donald Slater Executive Director Debra Nyberg Assistant Editor Je2n.Niehle Goad Editor League of Minnesota Where to get legislative information at the Capitol* Cities Legislative Staff Copies of bills Joel Jamnik House Chief Clerk's Office - 296-2314, Rm. 211, State Capitol Environment, personnel, public safety. Secretary of Senate's Office - 296-2343, Rm. 231, State Capitol general government John Tomlinson Taxes, finance Bill status, authors, companion, committee referral (by bill number, Sarah Hackett author, or topic) Taxes, finance, transportation Stanley Peskar House Index - 296-6646, Rm. 211, State Capitol Pensions, personnel, public safety Senate Index - 296-2887, Rm. 231 State Capitol Donald Slater Development tools Weekly committee schedules, bill introductions, and summaries of Ann Higgins Federal legislation, elections, ethics committee and floor action Barry Ryan House Information Office - 296-2146, 175 State Off Building Taxes, finance Senate Information Office - 296-0504, Rm. 231, State Capitol Andrea Lubov Tax increment financing, bond allocation, housing Recording of the following day's committee schedule and agenda, Jim Stigman (after 4:30 p.m.) Legislative network "House Call" (House committee schedule) - 296-9283 Tim Busse Senate Hotline (Senate committee schedule) - 296-8088 Legislative Assistant Mary Diedrich Legislative Secretary To reach a member on the House or Senate floor Julie Johns House Sergeant at Arms - 296-4860 Legislative Secretary Senate Page Desk - 296-4159 Association of'Metropolitan Municipaiities Legislative Staff To notify the governor's office of your concerns Governor Are Carlson - 296-3391, Rm. 130, State Capitol Vern Peterson Executive Director Roger Peterson Director of Legislative Affairs •All addresses are St. Paul, MN 55155, all area codes 612 CITY OF BROOKLYN CENTER council Meeting Date 4 • Agenda Item Num ber � W REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIIPTION: RESOLUTION AMENDING 1991 PAY PLAN DEPT. APPROVAL: Personnel Coordinator Signature - title MANAGER'S REVIEW/RECOM IENDATION: y No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) When the 1991 Brooklyn Center EDA and HRA budget was approved, funding was appropriated for seven full -time positions at the Earle Brown Heritage Center. The attached resolution adds the positions to the City's pay plan. RECOMMENDED CITY COUNCIL ACTION Pass a Resolution Amending 1991 Pay Plan. • 13o., Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING 1991 PAY PLAN WHEREAS, City of Brooklyn Center Resolution No. 90 -277 sets wages and salaries for calendar year 1991; and WHEREAS, the Economic Development Authority and Housing and Redevelopment Authority of Brooklyn Center, Minnesota, 1991 budget allocates funding for several staff positions at the Earle Brown Heritage Center; and WHEREAS, it is the City Council's intent to add these positions to the 1991 pay plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 1991 pay plan is hereby amended as follows: 1. A new section entitled "Earle Brown Heritage Center" is added to 1991 Positions Authorized, Schedule A as follows: POSITIONS EXEMPT AUTHOR ORGAN FROM SALARY POSITION IZED IZED O.T. SCHEDULE EBHC Manager 1 No Yes Adm C EBHC Maint. Supervisor 1 No Yes Adm C EBHC Salesperson 1 No Yes Adm C EBHC Innkeeper 1 No Yes Adm C EBHC Maint. Custodian 1 No No D EBHC Secretary 1 No No D EBHC Receptionist 1 No No D 2. Supervisory - professional Schedule C is amended to add the following positions, grade ranges, and monthly salary ranges. MONTHLY POSITION GRADE RANGE SALARY RANGE EBHC Manager S26A -S30C $3,083 - $3,752 EBHC Maint. Supervisor S20A -S24C $2,659 - $3,235 EBHC Salesperson S12A -S16C $2,182 - $2,655 EBHC Innkeeper S11A -S15C $2,129 - $2,591 RESOLUTION NO. 3. Technical - secretarial Schedule D is amended to add the following positions, grade ranges, and hourly wage ranges: HOURLY POSITION GRADE RANGE WAGE RANGE EBHC Maint. Custodian T20A -T24C $11.06- $13.46 EBHC Secretary T13A -T17C $ 9.31- $11.33 EBHC Receptionist T 8A -T12C $ 8.23 - $10.01 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 CITY OF BROOKLYN CENTER council Meeting Date 4-22 -91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET FOR AN EXTERIOR DOOR FOR CITY HALL DEPT. APPROVAL: Personnel Coordinator Signature - tle OWM 4 n , IANAGER'S REVIEW/RECOM ENDATION: No comments to supplement this report Comments below /attached SUABIARY EXPLANATION: (supplemental sheets attached ) The Brooklyn Center employee safety committee recently addressed an employee concern regarding collision hazards that exist for people who use certain doors in city hall. The committee expressed particular concern about the exterior door at the southeast entranceway to city hall because it opens in such a direction that it is difficult to see whether or not someone is approaching from the opposite direction. Because the door is old, rusty, and showing wear, the committee recommended replacing it with a new door to reduce the risk created by the hazard. This is a rather high traffic door for employees and delivery persons, and the estimated cost to replace it is about $1,500. RECOMMENDED CITY COUNCIL ACTION: Pass a Resolution Amending the 1991 General Fund Budget for an Exterior Door for City Hall. fib Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1991 GENERAL FUND BUDGET FOR AN EXTERIOR DOOR FOR CITY HALL WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the City of Brooklyn Center employee safety committee recently reviewed an employee concern regarding the potential collision hazard that exists for people using the exterior door at the southeast entranceway to city hall; and WHEREAS, the safety committee recommended the replacement of the existing door with a reverse - opening door to reduce the risk for collisions and because the door is old, rusty, and showing wear; and WHEREAS, this is a high usage door, especially for police personnel who transport prisoners and delivery people and maintenance employees who move large quantities of supplies through this door; and WHEREAS, the purchase of a new door is estimated to not exceed $1,500. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1991 General Fund Budget as follows: Increase the Appropriations for the following line items: Government Buildings Account No. 4520 $1,500.00 Decrease the Appropriations for the following line items: Unallocated Expenses Contingency Account No. 4995 $1,500.00 BE IT FURTHER RESOLVED that the purchase price of a door for the southeast entranceway to city hall shall not exceed $1,500.00. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4 -22 -91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF 5,000 SQUARE FEET OF RUBBER FLOORING FOR PARK BUILDINGS ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: P Deputy Ci Clerk Signature -` tle — � ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * ** * * *• MANAGERS REVIEW /RECOMMENDATION: Oj� J No comments to supplement this report Comments below /attached ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) An appropriation was approved in the 1991 budget for the Parks Maintenance department for rubber flooring for seven park buildings. Attached is the specifications for this rubber flooring. I recommend approval of the resolution approving specifications and authorizing advertisement for bids for delivery of 5,000 square feet of rubber flooring. • CITY OF BROOKLYN CENTER SPECIFICATIONS FOR RUBBER FLOORING Total square footage required - 5,000 Thickness - 3/8 inch .. n n — Length -Width 27 x 27 square minimum Color - Black - slightly textured Adhesive - Epoxy Flooring shall be all rubber and guaranteed for golf shoes, skates and weights. Supplier shall furnish material and epoxy for 5,000 square feet of flooring. Supplier shall furnish installation information. Supplier shall furnish a cost for interlocking squares as an alternate quotation. Cost per square foot $ Cost for epoxy $ TOTAL $ ALTERNATE QUOTATION $ (Interlocking squares) 3 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DELIVERY OF 5,000 SQUARE FEET OF RUBBER FLOORING FOR PARK BUILDINGS BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center that the specifications for the delivery of 5,000 square feet of rubber flooring and adhesive are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise for and receive bids for the delivery of 5,000 square feet of rubber flooring and adhesive in accordance with said specifications. Date Todd Paulson, Mayor ATTEST: 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 CITY OF BROOKLYN CENTER Council Meeting Date /22/9 1 Agenda Item Number /3c / REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT OF WAY, IMPROVEMENT PROJECT NO. 1990 -10 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIRE OR OF BLIC WORKS MANAGERS REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached No ) The City has currently executed purchase agreements with 22 of the 23 homeowners as required for the 69th Avenue project. Evergreen Land Services, Inc. is currently negotiating with the remaining property owner (at 4208 - 69th Avenue) and we hope to be able to report results of those negotiations, along with a recommendation for a negotiated settlement at the April 22, 1991 Council meeting. Regarding the commercial property at the northeast corner of 69th /Brooklyn Boulevard: a third appraisal was completed last week, all appraisals are now being reviewed by the review appraiser, upon receipt of his recommendations, the City Manager will submit a "Just Compensation Offer" based on those recommendations, then Evergreen Land Services and Conworth Inc. will conduct negotiations with the owners. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENT FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City Council ordered the reconstruction of 69th Avenue between Noble Avenue North and Shingle Creek Parkway, Improvement No. 1990 -10; and WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City Council approved a right -of -way plan depicting properties to be acquired for the project; and WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, Evergreen Land Services, as the City's agent, has presented the City's offer to the owner of the property at 4208 69th Avenue North; and WHEREAS, Evergreen Land Services has advised the City Manager and the City Council that the property owner has requested payment greater than the amount of the City's offer, that based on special considerations regarding this property they have negotiated a purchase agreement which exceeds the City's offer by $3,000, and that they recommend approval of that purchase agreement; and WHEREAS, said property owner has accepted the offer, and has executed a purchase agreement to that effect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreement are hereby approved. 2. The City Manager is directed to proceed with the purchase of the property at 4208 69th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreements. RESOLUTION NO. Date Todd Paulson, Mayor ATTEST: Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 4/22/91 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING FEES RELATING TO THE WEED INSPECTION /REMOVAL PROGRAM ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIXECTORtIP PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) • The City of Brooklyn Center annually conducts an inspection program for noxious weeds /excessively long grass on properties in the city. The owners of property found to be in violation of city ordinances relative to weed control are notified that they have seven days to remove weeds or mow the grass. The City contracts with a weed cutter for the properties whose owner failed to take action in the seven days. The owners are then billed for the service, or the cost is certified as a special assessment on their property taxes. Prior to this year, this program has been the responsibility of the City Manager's Office. Starting in 1991, responsibility has been transferred to Engineering, where the program will be run parallel with the Diseased Tree Program. Accordingly, the weed inspector for 1991 will be the Tree Inspector, Ole Nelson. Mr. Nelson is an employee of the Street Department, and has received training in weed control. Explanation The current fee structure for the weed program is: Cutter's Fee (I Hour Minimum) $35/hr Inspector's Fee (2nd notice & each subsequent notice) $50 Special Assessment Fee $50 To make the weed program fees parallel to the Diseased Tree Program fees, I offer the following discussion and recommended changes. ® CUTTER'S FEE After receiving a notice to cut grass or eliminate weeds, the property owner has seven days to respond. The property owner may take one of three actions. The property owner may choose to abate the nuisance him or herself, or may hire a professional service to do so. Or, the property owner may request that the City's weed cutter do so and that the City bill him or her for the service. Or, the property owner may not respond at all, in which case the City may order the weed cutter to abate the nuisance. In most cases, the property owner abates the nuisance him or herself. IN 1990, less than 20 percent of all citations were turned over to the weed cutter. The weed cutter charges $35 per hour, with a one hour minimum. We believe this is a reasonable fee, especially since this same weed cutter works in another suburb where the city charges its residents $75 per hour. The City does not at this time collect an administrative fee, because of the nature of the program and because of the small proportion of cases which have to go to the cutter. I recommend no change to the cutter's fee. INSPECTOR'S FEE A change to this fee was made in 1989. At that time, a $50 inspector's fee was established for all properties receiving a second or subsequent citation in the same year. This fee is intended to impress upon property owners the seriousness of the problem, and to discourage the use the City as a weed • cutting service. This fee is charged whether the property owners abates the nuisance (in which case they receive a bill from the City for $50), or whether the City's weed cutter do so (in which case they receive a bill for the cutter's fee plus the $50 second notice fee). In 1990, 10 property owners received a second notice, compared to 22 in 1989. I recommend no change to the inspector's fee. SPECIAL ASSESSMENT FEE This fee was increased in 1989 from $35 to $50. This fee could be made parallel to those established for the Diseased Tree Program. As recently amended by the Council, the tree special assessment fees are: $30 per parcel as an administrative fee, plus $30 per tree for capitalized interest. Like the Diseased Tree program, most special assessments are certified more than a year following the service. In most cases, the assessments are a result of being unable to collect payment from property owners, who are often given 30 to 60 days total to pay. These assessments range from $85 -$135 for a single notice, and can total $200 for multiple notices. Calculating capitalized interest in the same manner as for the Diseased Tree Program would result in a $10 capitalized interest charge per notice. I recommend amending the special assessment fee to $30 per parcel and $10 • capitalized interest for each notice received. Council Action Required A resolution is provided for consideration by the City Council. If the Council decides that the fees should be amended, the resolution provides blanks in which to enter the desired fees. If the Council determines that no change is needed, then no action is required. s • 13� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING FEES RELATING TO WEED INSPECTION /REMOVAL PROGRAM WHEREAS, the Brooklyn Center City Council has provided for the establishment and administration of programs for the removal of noxious weeds as specified by the Weed Inspector; and WHEREAS, a review of administrative costs indicates that the existing administrative fee schedule for maintenance of necessary accounts related to said programs needs to be adjusted to more accurately reflect the cost of services provided by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the existing fee schedule be amended as follows: Weed Removal Accounts Existing Schedule Amended Schedule Weed Cutter's Fee $35.00 /Hr /Hr Inspector's Fee $50.00 /2nd notice /2nd notice Special Assessments $50 per parcel $ per parcel Service Charge on which a special on which a special assessment is levied assessment is levied Capitalized Interest N/A $ per notice Charge (assessed trees only) BE IT FURTHER RESOLVED that said amended fee schedules shall be effective immediately. 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: 40 and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER council Meeting Date 4/22/91 Agenda Item Number -&�Q REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: FINAL PLAT APPROVAL - BROOKLYN UNITED METHODIST CHURCH ADDITION DEPT. APPROVAL: SY KNAPP, DI CTOR 6KPUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: . , .; R , No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) Previous City Council Action On May 7, 1990 the City Council approved Planning Commission Application No. 90011, preliminary plat for Brooklyn United Methodist Church. Approval of the preliminary plat was subject to the conditions outlined on the attached memorandum. As noted in the memo, all conditions but one have been met. Staff Recommendation This plat is recommended for approval, subject to the remaining,condition, i.e. - development and filing of an encumbrance agreement meeting the approval of the City Attorney. CITY 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 ByR000K'LYN TELEPHONE: 569 -3300 C ENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE 911 DATE: April 16, 1991 TO: Sy Knapp, Director of Public Works RE: Final Plat - BROOKLYN UNITED METHODIST CHURCH ADDITION Conditions adopted for the preliminary plat by the City Council, at its May 7, 1990 meeting were as follows: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City Ordinances. 3. The applicant shall file an encumbrance agreement which will bind the use of the off -site parking lot to the principal site of the church. This agreement shall be reviewed and approved by the City Attorney prior to the filing of the final plat. As of this date, Conditions 1 and 2 have been met. With regard to Condition No. 3, the City Attorney is currently working out the details of the encumbrance agreement with the applicant. Accordingly, I recommend approval of the final plat - BROOKLYN UNITED METHODIST CHURCH ADDITION, subject to the prior filing of the above described encumbrance agreement. Sincerely, H61oneW PE City Engineer OYN /1966ALLAkUV caCm CITY OF BROOKLYN CENTER FINAL PLAT /RLS APPROVAL APPLICATION Please Print Clearly or Type Name of Proposed Plat /RLS Brooklyn United Methodist Church Street Address of Property 7200 Brooklyn Boulevard Legal Description of Property (attached additional sheets, if necessary) See attached drawing Owner Name Brooklyn United Methodist Church Phone No 612 -561 -168 Address 7200 Brooklyn Boulevard, Brooklyn Center, MN 55429 Owner's Representative Rev. Bruce Erikson Phone No 612 -561 -168 Address 7200 Brooklyn Boulevard, Brooklyn Center, MN 55429 (DO NOT WRITE BELOW THIS LINE) WATERSHED COMMISSION APPROVAL N/A Shingle Creek Watershed West Mississippi Watershed Watershed Approval Date PRELIMINARY PLAT /RLS APPROVAL - Planning Commission Application No. 90011 Approval Date April 26, 1990 Planning Commission Recommendation: Approval subject to 3 conditions. City Council Action City Council Approval Date May 7, 1990 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY COUNCIL ACTION ON FINAL PLAT /RLS APPLICATION SUBMITTED April 12, 1991 RECEIVED BY Mark Maloney (Date) RESUBMITTED RECEIVED BY (Date) Dates of Council Consideration: Argil 22 1991 Approved Denied this day of 19 the following conditions: FORMS: Platapp.p LEGAL DESCRIPTION - BROOKLYN UNITED METHODIST CHURCH ADDITION Par 1. That part of Lot 21, Auditor's Subdivision Number 57, Hennepin County, Minnesota, described as follows: Commencing at a point in the east line of the Southeast Quarter of Section 28, Township 119, Range 21, distant 408.25 feet South of the Northeast corner thereof; thence South along said east line 94.29 feet; thence South 78 degrees 07 minutes 30 seconds West 185.62 feet to a point 102.78 feet due North from a point bearing South 75 degrees West 188.06 feet from a point in the east line of said Southeast Quarter distant 594.85 feet South of the Northeast corner thereof; thence due North 94.29 feet; thence North 78 degrees 07 minutes 30 seconds East 185.62 feet to the point of beginning. Par 2. That part of Lot 21, Auditor's Subdivision Number 57, Hennepin County, Minnesota, described as follows: Beginning at a point in the east line of Section 28, Township 119, Range 21, distant 502.54 feet South of the East Quarter corner of said Section 28, thence South along the east line of said Section 92.31 feet; thence South 75 degrees West 188.06 feet; thence due North 102.78 feet; thence Northeasterly in a straight line to point of beginning including any part or portion of any street or alley adjacent to said premises heretofore vacated or to be vacated. Par 3. That part of Lot 21, Auditor's Subdivision Number 57, Hennepin County, Minnesota, described as follows: Beginning at a point bearing South 75 degrees West 188.06 feet, from a point in the east line of Section 28, Township 119, Range 21, distant 594.85 feet South of the East Quarter corner of said Section; thence due North 165.7 feet; thence South 55 degrees 21 minutes West 239 feet to the northeasterly line of State Highway No. 152; thence Southeasterly along said highway line 85' to an intersection with a line bearing South 75 degrees West from the point of beginning; thence North 75 degrees East 153.9 feet to the point of beginning. Lot 4. Lots 22 23 24 and all that ar Lo p t of t 21, Auditor's Subdivision Number 57. Hennepin County, Minnesota, lying southerly of a line bearing South 75 degrees West from a point in the east line of Section 28, Township 119, Range 21, distant 594.84 feet South of the East Quarter corner of said Section 28, except state highway, which lies within a distance of 6 feet northeasterly of the northeasterly boundary of Trunk Highway 152 as now located and travelled. BROOKLYN UNITED METHODIST CHURCH ADDITION C R. DOC. N0. —_ •. I - 5a Ci�l C 1 = p rIR_ S b— ov jhe Seufhposf quai><<i of Sec. ze Tii9 R2/ F N E '- --- � a29 - - 92.3/ — Ner/.Srosr ar ev %9 517 saa .NOSLE Zff E ILA .09/g/ �� - �os�i /s � and ono eye eosemrnt I m. V / i'Z 7, No - a2 a c - a 4 a m a' �o! 43 40 SO Jl,L—E FEET DENOTES l C% •. ., ._ DEMARB -GABRIEL I. VDBLBYEYOR5.1 \C. Licenses to be approved by the City Council on April 22, 1991 FOOD ESTABLISHMENT Brooklyn United Methodist Church 7200 Brooklyn Blvd. Kids Play 5611 Xerxes Avenue N. Korean Presbyterian Church of T.C. 6830 Quail Avenue N. Maranatha Conservative Baptist Home 5401 69th Avenue N. Spiritual Life Ministries 6500 Shingle Crk. Pky. Subs, Etc. 6048 Shingle Crk. Pky. T. Wright's 5800 Shingle Crk. Pky. Sanitarian ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Department 6301 Shingle Crk. Pky. Brooklyn Center Park & Recreation 6301 Shingle Crk. Pky. /J Malmborg's 5120 North Lilac Drive i Sanitarian MECHANICAL SYSTEMS Air Comfort, Inc. 3944 Louisiana Circle Air Corp., Inc. 13005 16th Avenue N. Air Furnace Care, Inc. 8733 Humboldt Avenue N. Associated Mechanical Contractors, Inc. P 0 Box 237 Cronstrom's Heating and A/C 7201 West Lake Street Delmar Furnace Exchange 4080 83rd Avenue N. Egan & Sons Co. 7100 Medicine Lake Road Faircon Service 2668 Patton Road Golden Valley Heating & A/C 5182 West Broadway Harris Mechanical Contracting Co 2300 Territorial Road Louis Degidio, Inc. 6501 Cedar Avenue S. Maple Grove Heating & A/C 8870 Zealand Avenue N. Marsh Heating & A/C Co., Inc. 6248 Lakeland Avenue N. Minnesota Heating & A/C 6908 Georgia Avenue N. Modern Heating & Air Conditioning 2318 First Street NE R & S Heating & Air Conditioning 21357 Hemlock Avenue Southern Mechanical Inc. 900 B & H Industrial Ct. / Ray Welter Heating Co. 4637 Chicago Avenue S. C� Building Official MOTOR VEHICLE DEALERSHIP Brookdale Ford, Inc. 2500 County Road 10 Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. Deputy CIj rk RENTAL DWELLINGS Initial: Lyle E. Miller 3501 47th Avenue N. Joan M. Decheine 3207 68th Avenue N. Renewal: Norman Chazin Brookdale Manor Apartments Norman Chazin Four Courts Apartments Vinh and Ha Ly 6007 Brooklyn Blvd. Kenneth 0. Schwendeman 4639 France Avenue N. Terry L. Hartmann /H. E. Homes 6827 Fremont Place Richard Olson 5818 Humboldt Avenue N. Marcus Corporation 6415 James Circle North Norbert & Dolores Volbert 4207 Lakeside Avenue N. #122 Ethel and Lambert Ackermann 4207 Lakeside Avenue N. #234 Gary Scherber 4708 Lakeview Avenue N. William P. Kelly 5724 Logan Avenue N. Tracy Rice 6907 Morgan Avenue N. Joe Sandino 3834 Oak Street Larry Pederson 5401 63rd Avenue N. Merle G. Biggs 3910 65th Avenue N. Lawrence R. Florian 857 -861 70th Avenue N. Robert W. Rode 869 70th Avenue N. S. Richard Silverness 873 -877 70th Avenue N. James R. Hokanson 881 -885 70th Avenue N. C / � Director of Planning and Inspection SPECIAL FOOD HANDLING ESTABLISHMENT 1 C.W.'s Corner /Holiday Inn 2200 Freeway Blvd. Sanitarian L/ SIGN HANGER Anchor Signs, DBA Universal Sign Co. 1033 Thomas Avenue - • Nordquist Sign Company, Inc. 312 West Lake Street.��� Building Official SWIMMING POOLS 1 Bennie Rozman Brookdale Ten Apartments Sanitarian GENERAL APPROVAL: P. Page, Depu Clerk