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1988 04-11 CCP Regular Session
CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER APRIL 11, 1988 7 p.m. 1. Call to order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Joslyn Pole Yard Interim Pollution Control (7:15 p.m.) 7. Approval of Minutes: *a. March 28, 1988 - Regular Session 8. Proclamation: *a. Declaring April 17 -23, 1988, as Volunteer Recognition Week 9. Resolutions: a. Establishing Policies and Procedures for Initiation and Financing of Water Main Replacements -A public information meeting regarding water quality improvements was conducted by City staff on March 23, 1988. It is recommended the City Council adopt formal Policies and procedures regarding the initiation and financing of water main replacements. *b. Accepting Bid and Approving Contract 1988 -G (Tree Removal Improvement Project No. 1988 -11) *c. Amending Fee Schedules Relating to the Administration of the Noxious Weed and Tree Removal Accounts d. Establishing Improvement Project 1988 -12, Acoustical Improvements to City Council Chambers, and Accepting Proposal for Acoustical Engineering Services *e. Appointing Alternate Director to Northwest Hennepin Human Services Council *f. Declaring Surplus Property - Approving auction list. CITY COUNCIL AGENDA -2- April 11, 1988 *g. Declaring Earle Brown Days as a Civic Event h. Supporting the Twin Cities Bid to Host the 1996 Summer Olympics 10. Ordinances: (7:30 p.m.) a. Amending Chapter 29 Regarding Filing for Municipal Office -This item was first read on March 14, 1988, published in the City's official newspaper on March 24, 1988, and is offered this evening for a second reading. b. Amending Chapter 13 Relating to Parks and Recreation -This amendment will cover housekeeping changes and changes related to the curfew and use of portable grills in parks. This item is offered this evening for a first reading. 11. Discussion Items: a. Recommendation from Park and Recreation Commission to Open a Skating Rink at Happy Hollow Park b. Recommendation from Park and Recreation Commission to Plow Trailways Used as Transportation Routes c. Recommendation from Park and Recreation Commission to Initiate a Feasibility Study for a Senior Center and Athletic Activity /Program Center (Field House) d. Development Strategies and Our Existing Zoning Ordinance Limitations e. Legislative and LRT Update - Oral Presentation f. 1989 Budget 12. On -Sale Wine and Nonintoxicating Malt Liquor Licenses for Dayton's 13. License to Utilize Explosives for the Howe Company *14. Licenses 15. Adjournment t' ,{ . 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 MARCH 28, 1988 CONSTITUTION HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:04 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Theis. OPEN FORUM Mayor Nyquist 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. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. Councilmember Hawes requested item 14 be removed from the consent agenda. APPROVAL OF MINUTES - MARCH 14 1988 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the March 14, 1988, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASE There was a motion by Councilmember Scott and seconded by Councilmember Hawes to release the performance bond for Zantigo Restaurant, 5532 Brooklyn Boulevard. The motion passed unanimously. FINAL PLAT APPROVAL There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the final plat for Hamm's 2nd Addition. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 88 -46 Member Celia Scott introduced the following resolution and moved its adoption: 3 -28 -88 _1_ RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR REROOFING AND INSULATION OF THE CITY GARAGE (IMPROVEMENT PROJECT NO. 1988 -03, CONTRACT 1988 -F) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -47 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT OF BIDS FOR LOGAN AVENUE IMPROVEMENT PROJECT NO. 1988 -04, FRANCE AVENUE STREET IMPROVEMENT PROJECT NO. 1988 -05, LAKEBREEZE AVENUE IMPROVEMENT PROJECT NO. 1988- 06, AND 50TH AVENUE IMPROVEMENT PROJECT NO. 1988 -07 The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -48 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. RESOLUTION NO. 88 -49 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING QUOTE AND AWARDING CONTRACT FOR THE REROOFING OF GRANDVIEW PARK SHELTER BUILDING The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. PROCLAMATIONS Member Gene Lhotka introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 1, THROUGH MAY 10, 1988, AS NAACP MEMBERSHIP DAYS The motion for the adoption of the foregoing proclamation was duly seconded by member Rich Theis, and the motion passed unanimously. Member Bill Hawes introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 10 -16, 1988, AS THE WEEK OF THE YOUNG CHILD The motion for the adoption of the foregoing proclamation was duly seconded by member Celia Scott, and the motion passed unanimously. 3 -28 -88 -2- Member Rich Theis introduced the following proclamation and moved its adoption: PROCLAMATION DECLARING APRIL 23, 1988, AS A DAY OF SPIRITUAL REDEDICATION IN BROOKLYN CENTER The motion for the adoption of the foregoing proclamation was duly seconded by member Gene Lhotka, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events. He noted this amendment will allow for the licensing of Park and Recreation facilities and events. He added this item is offered this evening for a first reading. Councilmember Lhotka inquired if the nonintoxicating licenses would actually be issued to the City. The City Manager responded affirmatively. The Finance Director stated the City will be the responsible party named on the license, but the City can contract the work out to civic organizations. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Amending Chapter 11 of the City Ordinances Regarding the Issuance of Nonintoxicating Liquor Licenses for Municipal Facilities and Events and setting a public hearing date for April 25, 1988, at 7:30 p.m. The motion passed unanimously. DISCUSSION ITEM JOINT CITY /SCHOOL DISTRICT MEETING The City Manager noted the joint City /School District meeting has been scheduled for April 4, 1988. He noted there have been some concerns raised regarding holding this meeting the day after Easter. He inquired if the Council would object to rescheduling this meeting with the school district. There was a general consensus among Councilmembers to direct the City Manager to try and reschedule the joint meeting with the school district. LICENSES Councilmember Hawes inquired if the food license for the Que Viet Restaurant is actually ready for approval. The City Manager stated the health department has had two or three sessions with the owners and much progress has been made. He noted the health department feels this operation is now under control. There was a motion by Councilmember Hawes and seconded by Councilmember Scott approving the following list of licenses: BULK VENDOR Brooklyn Center Lions 7131 Knox Ave. N. Curtis Products 2516 Dodds Avenue Peterson Vending 1709 Hickory Hill CIGARETTE Ala -Carte Vending Systems, Inc. 2550 Kasota Avenue Modern Control 6820 Shingle Creek Pkwy. 3 -28 -88 -3- FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Berean Evangelical Free Church 6625 Humboldt Ave. N. Bridgeman's 1272 Brookdale Center Bridgeman's 6201 Brooklyn Blvd. Brook Park Baptist 4801 63rd Ave. N. Brookdale Unocal 5710 Xerxes Ave. N. Burger King 6110 Brooklyn Blvd. Centerbrook Golf Course 5500 N. Lilac Drive Chuck Wagon Inn 5720 Morgan Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. Ground Round, Inc. 2545 County Road 10 Holiday Inn 2200 Freeway Blvd. House of Hui's Restaurant 6800 Humboldt Ave. N. Little Brooklyn 6219 Brooklyn Blvd. Lynbrook Bowl, Inc. 6357 N. Lilac Drive McDonald's 5525 Xerxes Ave. N. Mui Li Wan, Inc. 6800 Shingle Creek Pkwy. Northwest Residence 4408 69th Ave. N. Num Num Foods, Inc. Brookdale Snack Bar Perkins Restaurant 5915 John Martin Drive Red Lobster Restaurant 7235 Brooklyn Blvd. Super America 6545 West River Road Super America 1901 57th Avenue N. Taco Bell 5532 Brooklyn Blvd. Thrifty Scot Motel 6445 James Circle Village House (Que Viet) 6100 Brooklyn Blvd. Wes' Amoco 6044 Brooklyn Blvd. MECHANICAL SYSTEMS Able Mechanical Services 8701 Hillswick Trail Air Conditioning Associates, Inc. 689 Pierce Butler Route Air Corp, Inc. 2525 Nevada Ave. N. American Burner Service 601 North Prior Ave. Blaine Heating, Air Cond. & Elect.: 13562 Central Ave. NE Care Heating & Air Cond. 1211 Old Highway 8 Louis DeGidio, Inc. 6501 Cedar Ave. S. Dependable Heating & Air Cond. 2619 Coon Rapids Blvd. Ditter, Inc. 820 Tower Drive Egan & Sons Co. 7100 Medicine Lake Road Furnace Care Inc. 8733 Humboldt Ave. N. Gas Supply, Inc. 2238 Edgewood Ave. S. General Sheet Metal Corp. 2330 Louisiana Ave. N. Golden Valley Heating & Air Cond. 5182 West Broadway J. K. Heating Company 2050 White Bear Avenue Maple Grove Heating & A/C 8870 Zealand Ave. N. Midwestern Mechanical Corp. 9103 Davenport St. NE Modern Heating & Air Cond. 2318 First St. NE Noel's Heating & Air Cond. 4920 Zachary Lane Northeast Sheet Metal, Inc. 4347 Central Ave. NE Owens Services Corporation 930 East 80th Street Pete's Repair, Inc. 2610 Lowry Ave. N. 3 -28 -88 -4- Pfiffner Heating & Air Cond. 6301 Welcome Ave. N. Sheridan Sheet Metal Co. 4108 Quebec Ave. N. Standard Heating and Air Cond. 410 West Lake St. Superior Contractors, Inc. 6121 42nd Ave. N. Yale, Inc. 9649 Girard Ave. S. NONPERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Health One 2810 County Road 10 Modern Control 6820 Shingle Creek Pkwy. PERISHABLE VENDING MACHINES Ala -Carte Vending Systems, Inc. 2550 Kasota Ave. Modern Control 6820 Shingle Creek Pkwy. RENTAL DWELLINGS Initial: John & Lynda Peterson 4109 70th Ave. N. Renewal: Redevco Marvin Garden Townhomes Howard & Harriet Oien 5801 Brooklyn Blvd. Sharon M. Fratzke 4201 Lakeside Ave. N. #208 Residential Alternatives, Inc. 5449 Lyndale Ave. N. David W. Zemke 6813 Noble Ave. N. Reuben & Diane Ristrom 6821 Noble Ave. N. Robert Berglund 6835 Noble Ave. N. Curtis Erickson 4809, 11 Twin Lake Ave. Dr. John Lescault 3507 62nd Ave. N. Lee Marwede 4700, 02 68th Ave. N. SIGN HANGER Arrow Sign Company 18607 Highway 65 NE Lawrence Signs, Inc. 945 Pierce Butler Route LeRoy Signs, Inc. 6325 Welcome Ave. N. Midway Sign Company, Inc. 44 North Prior Ave. Suburban Lighting, Inc. 6077 Lake Elmo Ave. N. SWIMMING POOL Brookside Manor Apartments 1300 67th Ave. N. Brookwood Estates 6201 N. Lilac Drive Fun Services 3701 50th Ave. N. Moorwood Homeowners Association 5809 Lake Curve Lane Riverwood Townhomes Association 6626 Camden Drive N. Twin Lake North Apartments 4536 58th Ave. N. The motion passed unanimously. MAYORAL APPOINTMENT - HOUSING COMMISSION There was a motion by Councilmember Theis and seconded by Councilmember Lhotka to appoint Reynold Johnson to the Brooklyn Center Housing Commission. The motion passed unanimously. 3 -28 -88 5 The City Manager noted the Finance Director received the quotations for insurance for on -sale liquor liability coverage for the Centerbrook Municipal Golf Course. He noted staff is recommending approval of this resolution. RESOLUTION NO. 88 -50 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AWARDING INSURANCE CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:15 p.m. and reconvened at 7:23 p.m. Mayor Nyquist noted the remaining item on the agenda is the public hearing regarding Bill Kelly House. He noted this item is scheduled for 8 p.m. and stated the City Council would take a recess until 8 p.m. The Brooklyn Center City Council reconvened at 8:02 p.m. PUBLIC HEARING -BILL KELLY HOUSE Mayor Nyquist inquired if the City Manager had any comments regarding the public hearing. The City Manager stated staff has received information from the Bill Kelly House and other miscellaneous communications. He noted all of this information has been provided to the City Council. He noted there are three courses of action the City Council could take this evening, the first being to affirm the current permit. The second course of action would be to revoke the current permit; and the third course of action would be to place the applicant under the moratorium. He added three resolutions have been prepared for this evening's meeting to coincide with the three options before the Council. Mayor Nyquist stated this public hearing had been kept open to allow time for a response from the representatives of the Bill Kelly House and the citizens' group. He inquired if a representative of Bill Kelly House or the citizens' group had any comments. Mayor Nyquist recognized Ms. Susan Lentz, attorney for the Bill Kelly House, who stated she had not received a copy of the response from the citizens' group. The City Manager stated there was no further response from the citizens' group other than the initial information discussed on February 16, 1988. Ms. Lentz also inquired if the letter from Allyson Ashley, from the State Department of Human Services, had been distributed to the Council. Mayor Nyquist stated this letter had been made part of the package for this evening's meeting. Mayor Nyquist inquired if there was anyone else present who wished to speak, there being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to close the public hearing regarding the application for a special use permit for Bill Kelly House. The motion passed unanimously. 3 -28 -88 -6- Councilmember Theis stated this has been a long, drawn out process for this application, but a decision must be made. He stated he would like to move approval of the resolution rescinding approval of a special use permit for the Bill Kelly House residential treatment facility. He noted this resolution would place the application under the current moratorium. Councilmember Hawes stated he would second this motion. Councilmember Lhotka inquired of the City Attorney if, under any of the three options, does the decision have to be based upon new information. The City Attorney stated the decision can be based upon all information that was considered throughout the process. Councilmember Lhotka inquired of Councilmember Theis upon what basis his motion was made. Councilmember Theis stated he does not feel the Bill Kelly House has proved the facility will not be detrimental to the neighborhood or the property values of the homes in the area. Councilmember Lhotka stated he agrees with Councilmember Theis in that this process has gone on for a long time, and a decision must be made. He noted after reviewing all items he believes the "new" evidence had actually been considered in the beginning. He stated there have been a number of studies cited, and each one seems to come to a different conclusion. He stated he is not convinced that he can change his vote. Councilmember Hawes stated he agrees with Councilmember Theis and does not believe this facility will enhance the neighborhood. He stated he feels the City Council must represent the people of Brooklyn Center. Councilmember Theis stated he feels the time period stated by the moratorium will give the City time to gather information and reevaluate this application. He noted the time will be well spent evaluating the current ordinance structure and having studies completed. Councilmember Lhotka reminded the Councilmembers of the time and deliberation taken before the initial approval of this permit. He stated he would like every Councilmember to take their responsibility very seriously regarding this matter. Councilmember Scott stated she has had several concerns regarding this proposed facility and noted the applicant has not convinced her the use will not be detrimental to the neighborhood. She added she feels the facility will not meet the needs of the mentally ill or the neighborhood. RESOLUTION NO 88 -51 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION RESCINDING THE APPROVAL OF A SPECIAL USE PERMIT FOR THE BILL KELLY HOUSE RESIDENTIAL TREATMENT FACILITY The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed with Councilmember Lhotka opposed. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Theis to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:23 p.m. City Clerk Mayor 3 -28 -88 -7- Fa PROCLAMATION DECLARING APRIL _17 - 23, 1988 AS VOLUNTEER RECOGNITION WEEK WHEREAS, the hard work and commitment of volunteers have made our community a better place in which to live; and WHEREAS, volunteerism has fostered the development of a community partnership bringing together the public and private sectors of Brooklyn Center to face community challenges; and WHEREAS, volunteers are a vital resource in our community and have contributed to the health, education, welfare, recreation, environmental and cultural services in Brooklyn Center to enrich the lives of our citizens; and WHEREAS, Brooklyn Center wishes to thank our volunteers for their dedicated service and generosity of spirit. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby proclaim the week of April 17 through April 23, 1988, as Volunteer Recognition Week in the City of Brooklyn Center. Date Mayor Seal Attest: Clerk CITY OF BROOKLYN CENTER council Meeting Date 4/11 /88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR INITIATION AND FINANCING OF WATERMAIN REPLACEMENTS DEPT. HEAD'S APPROVAL: 4k DIRECTOR Of/PUBLIC WO KS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached l On February 22, 1988, City Staff submitted a detailed report entitled "Water Quality Improvements In West Central Neighborhood - Status Update" to the City Council. Following discussion of that report, the City Council requested City Staff to conduct a public information meeting with residents of the neighborhood, and to report back to the City Council. The public information meeting was held at the Fair Oaks School on March 23. A copy of the notice which was sent to every home in the area is attached. Also attached is a copy of the informal notes covering questions asked and answers given at that meeting. A resolution which would establish licies and procedures for initiation of P watermain replacement projects, and for financing such projects is provided for consideration by the City Council. This resolution should be considered only after providing an opportunity for public input and discussion. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING POLICIES AND PROCEDURES FOR INITIATION AND FINANCING OF WATERMAIN REPLACEMENTS WHEREAS, some residents in the West Central area of the City - have, for many years, reported problems with the quality of the water which is delivered to their homes from the City's water supply system; and WHEREAS, the Department of Public Works has conducted extensive investigations, tests, and analyses in an attempt to define and resolve these problems; and WHEREAS the Director of Public Works has reported to the City Council that a number of operation and maintenance procedures which have been implemented and which are now in use, have substantially improved the water quality, and that in his opinion, the City's current operation and maintenance program is the t effective P p g mos ffec ive one which can be developed; and WHEREAS, the Director of Public Works has also reported to the City Council that, in his opinion, the principal cause of the reported problems is the oxidation of unlined cast iron watermains within the area; and that, if the water now being delivered is considered unacceptable by the users, consideration should then be given to the initiation of a watermain replacement program wherein unlined cast iron watermains would be replaced with cement -lined ductile iron watermains (or an equivalent corrosion - resistant alternative), and has provided preliminary estimates of cost for such a replacement program; and WHEREAS, it is the opinion of the City Council that the need to initiate a watermain replacement program can best be defined by those water users who are experiencing water quality problems through the process of preparing, circulating, and submitting petitions requesting those improvements for consideration by the City Council in accordance with the procedures prescribed by Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The City Council will consider all requests for watermain replacement projects in accordance with the procedures prescribed by Minnesota Statutes, Chaper 429. 2. All requests for watermain replacement projects shall be initiated by petition of property owners. RESOLUTION NO. 3. If petition(s) for the replacement of watermains are submitted, the City Engineer is hereby authorized and directed to submit a report to the City Council, advising the Council in a preliminary way whether the proposed improvement(s) are feasible and whether they should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement(s) as recommended. 4. Upon request of said petition(s) and report, the City Council will conduct public hearings on the proposed improvement(s), pursuant to the procedures required by law, and will then approve or deny the proposed improvement(s), or portions thereof. 5. It is the intent of the City Council that if, pursuant to these proceedings a project for the replacement of watermains is ordered to be constructed, the costs for such project(s) will be funded as follows: - by special assessments levied against properties directly benefitted by the proposed improvements ......................35% of total project costs - by Public Utility Funds ........... 65% of total project costs 6. It is also the intent of the City Council that, if special assessments are levied for watermain replacement projects, the term of payment for such special assessments will be 20 years. Date 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. CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 - C ENTER EMERGENCY - POLICE - FIRE 911 TO: All Water Service Customers in the Area Between Noble Avenue North and the West City Limits From 61st Avenue North to I694 FROM: Gerald G. Splinter, City Manager DATE: March 16, 1988 RE: Water Quality Improvement Update For many years, water users in the West Central area of the city have reported problems with the quality of the water which is delivered to their homes from the city's water supply system. During the past five years, extensive investigations have been conducted by city staff, numerous remedies have been attempted, and extensive monitoring has been done to examine the effectiveness of those measures. Recently, the Director of Public Works submitted a detailed status report to the City Council—That report documents the city's efforts during the past five years. I believe that this report demonstrates that a very serious effort has been made to deal responsibly with a very difficult and perplexing problem and to identify cost - effective solutions. In his report, the Director of Public Works states that the most serious problem which occurs in the water system in your neighborhood is the "red water" problem wherein a number of water customers periodically report receiving "red water" in their homes. Chemical analysis of samples of this red water has indicated that the coloring is the result of a high level of iron in the water. Analyses have also shown that the amount of iron present in the water in your neighborhood has at times been considerably higher than the amount of iron contained in the water as it is pumped from the city's water supply wells. The report also indicates that the basic problem is a result of three factors: 1. Poor Circulation The location of this neighborhood within the city's distribution system is such that there are no trunk lines which flow through the area, creating a condition called a "hydraulic dead end" where there is little movement of water in the mains. M -" MRA ILL4M[RIG QfT r =� .. ��, v./ March 16, 1988 Page 2 2. Small Water Mains and Dead Ends All mains in the area are of small diameter and there are some dead end mains. 3. Unlined Cast Iron Pipe Most, if not all, of the water mains in this neighborhood are unlined cast iron pipes installed in the mid to late 1950's. Apparently, the combination of these factors allows oxidation to occur within the water mains which serve your neighborhood, and the red water is the result of that oxidation process. Numerous attempts have been made to find a "low cost" alternative (i.e. one which does not involve the high cost of replacing the water mains). Procedures which have been attempted and evaluated during the past five years include: flushing of water mains within the problem area, "in- line" chlorination of water mains in the problem area, super chlorination of water mains in the area, chemical treatment of the entire city water supply using various corrosion control chemicals, installation of in -line pumps within this neighborhood, and individual assistance to property owners who experience specific problems (this includes flushing out service lines with the use of quick acting valves and providing technical advice to homeowners regarding in -house problems). After monitoring the results of each of these efforts, the city has currently adopted a program which consists of: (1) using chemicals for corrosion control; (2) operating three in -line pumps to induce circulation of water in that part of the system; (3) flushing water mains in those areas where this has shown to be effective; and (4) offering individual assistance to property owners who experience specific problems. It is the opinion of city staff that this program, with some minor modifications, is the most effective which can be developed using the operation and maintenance approach. The report submitted by the Director of Public Works recommends that, if the quality of the water now being delivered to your homes is considered unacceptable, consideration should be given to the initiation of a water main replacement program wherein the unlined cast iron pipes would be replaced with cement lined ductile iron pipe. Attached you will find two maps. The first map (labeled Exhibit 1) outlines the entire neighborhood which is discussed within the report and from which numerous complaints of red water have been received over an extended period of time. The Director of Public Works estimates the total cost of replacing all water mains within this entire neighborhood to be $2,658,320. The second map (labeled Exhibit 3) shows the outline of the smaller portion of the neighborhood where the most severe problems have been reported. The report estimates the cost of replacing all water mains within this smaller area to be $666,270. March 16, 1988 Page 3 This report was presented to the City Council on February 22, 1988 for their preliminary review and discussion. At that meeting the City Council gave preliminary approval to the following policy for initiating a water main replacement program: I. If water mains within a specific area are to be replaced with new cement lined water mains, the proposed policy is to levy special assessments to all properties which are served by those water mains in an amount which is equal to 35% of the cost of replacement. The report submitted by the Director of Public Works estimates this policy would result in an estimated special assessment against each benefitted single family residence of $1,661. 2. Special assessments levied for replacement of water mains would be spread over a term of 20 years. Exhibit 5 (attached) shows the 20 year payment schedule which would result from such assessment. 3. All water replacement projects are to be initiated by petition of the affected property owners. If the project is initiated by petition of 35% or more of the affected property owners, the City Council, following a public hearing on the proposed improvement, may order the project by adoption of a resolution with a simple majority vote of the City Council. If the project is initiated by a petition of less that 35% of the affected property owners, the City Council may order the project only by adoption of a resolution with a 4 /5ths vote of the City Council following a public hearing on the proposed improvement. As noted, the policy stated above is a preliminary one which received preliminary Council approval. The City Council has instructed city staff to conduct an informational meeting for residents of the neighborhood. That meetin g has now been set as follows: DATE: WEDNESDAY, MARCH 23, 1988 TIME: 7:30 TO 9:30 P.M. PLACE: FAIR OAKS SCHOOL GYMNASIUM Director of Public Works Sy Knapp and I will conduct that meeting. Other members of the city's technical staff will also attend the meeting to assist in answering questions. You are invited to attend this informational meeting. Also, if you have questions regarding this matter please contact Mr. Knapp in advance of the meeting. Should you wish to review his detailed report to the City Council, copies are available for public review, both at the Engineering Department office and at my office. Also, copies may be purchased at the Engineering Department office at $6.00 per copy (to cover the cost of printing). March 16, 1988 Page 4 Following this informational meeting, staff will report back to the City Council at their meeting on April 11, 1988. At that time, the City Council will again review and discuss the matter, and will accept public input to the discussion. It is expected that the City Council will then formalize the city's policies and procedures regarding this matter, so that if it is your desire to have a water main replacement program initiated in your neighborhood, this work could still be accomplished during calendar year 1988. We wish to thank all of you for the understanding and patience which you have demonstrated during the past several years while we have attempted to resolve this problem. We believe the city's current operation and maintenance program has made substantial improvements to the quality of the water which you are receiving, and we believe that at least some of you are finding our current level of service to be acceptable. In any event, we look forward to meeting with you on March 23rd. Sinc rely, Gerald G. Splin r City Manager r •- s OR, CROWN* ■t■■u■�t■�■■■��tu NIN mo ■ ■1 /I■ ®t _ . � _.. =wj' : -► •'� � . � � iii ■� ;' •' C. • bl ■■■■■■�'�MEN u■■ui�� ; i i �i'u■■■n �1unu��:: ■ ■■ ' =i ■■�' am WIN _ �Z ..... _ .► NON WE M WE Ai SPECIAL ASSESSMENT PAYMENT SCHEDULE ASSUMPTION TABLE PRINCIPLE _ $1,661.00 TERM a 20 YEARS INTEREST - 10% MONTHS INTEREST YEAR 1 a 15 ANNUAL YEAR PAYMENT 1 $290.68 2 $240.85 3 $232.54 4 $224.24 5 $215.93 6 $207.63 7 $199.32 8 $191.02 9 $182.71 10 $174.41 11 $166.10 12 $157.80 13 $149.49 14 $141.19 15 $132.88 16 $124.58 17 $116.27 18 $107.97 19 $99.66 20 $91.36 EXHIBIT 5 it MINUTES OF THE MARCH 23RD, 1988 WATER QUALITY INFORMATIONAL MEETING . City Representatives: Gerald Splinter, Sy Knapp, Bo Spurrier, Dick Ploumen Dave Peterson, & Jerry Allen of Serco Laboratories Meeting was opened at 7:36 p.m. by Gerald Splinter. He reviewed the agenda for the evening and turned it over to Sy Knapp for introduction of staff members and the informational resentatio n see attached p ( to hed outlined). Following the presentation the audience was given an opportunity to respond with questions or comments. Q Both lack of circulation and unlined pipe were mentioned in the explanation as factors. Which one is really the problem? A The major problem is the unlined pipe. If it were lined we wouldn't have near the problem. Q Is the large area outlined on your map really in need of new watermains or are we just helping to foot the bill for the smaller area? A The $1660 estimated assessment was based on main replacement in the larger area. However, the cost per home for a smaller area will be similar. Assessments will only be levied in those areas where mains are replaced. Q You mentioned that some of the mains in our area are too small. Are the new ones you are planning going to be any larger? • A Yes, at least some of them will be. There will be no 4" mains installed; some of the 6" mains will be replaced with 8" mains and so on. Details will depend on the area that is done. Q If Boulder Lane mains were replaced and not Scott or Unity would it help Boulder Lane or would the whole area have to be done? A It would help Boulder Lane. However, some "migration" could occur from the areas which are not replaced. Q It is my understanding of chemistry that iron needs oxygen to oxidize into what we are seeing. Doesn't it stand to reason that there is too much oxygen in the system? Can that problem be addressed? A It is true that oxygen is needed. However, there is disolved oxygen in all water distribution systems. Also, there are other chemical factors that allow oxidation to occur. Q You stated that there were 2 mains crossing under the freeway. What if the size of those mains were increased to allow more water to circulate into our area? A Increased circulation certainly will help. But - to upgrade circulation at that point will not guarantee increased circulation in the rest of the neighborhood. Q Is the city water system self contained? A Yes Q Are we the only area having unlined pipes? A No. Watermain breaks in various areas have allowed us to find other areas with unlined pipe. Q If we replace the mains in our area will migration still occur from other areas of the city? A Yes - but in very limited amounts. Q How many complaints has the city received and from where? A (The survey results from 1983 were reviewed on the screen.) We tend to have more complaints in the summer months. A show of hands was taken by area, i.e.: People living northerly of 65th Avenue - Approximately 25% of the people in the audience live in this area. - Of those people, approximately 8 to 10 indicated they have problems with water quality. People living between 65th and 63rd Avenues - Approximately 60% of the people in the audience live in this area. - Of these people, approximately one third indicated they have problems with water quality. People living south of 63rd Avenue - Approximately 15% of the people in the audience live in this area. - Of these people, approximately 4 to 6 indicated they have problems with water quality. At this point Mr. Splinter detailed the petition and hearing process again, i.e.. - The City Council must first formalize the City's policy regarding the process for initiating improvements and the policy regarding cost sharing for any improvements. That action will be considered by the City Council on April 11th. - If the City Council adopts the recommended policy, no improvements will be considered unless they are initiated by petition of property owners in the area. If petitions are developed, City staff will ask the petitioners to contact all property owners who would be affected by the improvement for which they are petitioning. - If a petition is submitted, a date for a public hearing will be set by the City Council and all property owners who would be affected by the requested improvement would receive mailed notice of that public hearing, and have the opportunity to speak for or against the proposal at the public hearing. - Following the public hearing, the City Council must then decide whether or not to proceed with the project. Q Why can't we combine all of the things that provided good results done so far to solve the problem. A That is one option. However, it is our opinion that the 0 & M program we are now following is showing results about as good as can be expected from an 0 & M program. Q How are the petitions going to be divided - by neighborhoods, streets? A That is basically up to the people who are interested. The Engineering Department will work with people who want to circulate petitions to define workable projects. Q You stated that watermains have an estimated life of 50 years. Since this system failed 20 years early I think this is the city's problem, not ours. We shouldn't have to pay for it. A That's one way to look at it. Another way is to say that the owner should pay 60% because it has lasted for 30 years. City staff has recommended that 35% of the costs be assessed. The final decision must be made by the City Council. Q Why does the city want the owners to initiate the petitions? Do they want to pass the buck if the project doesn't work out? A There is too much variety within the neighborhoods. One area may be really in need of the project while another not want it at all. It is your chance to say yea or nay. Q What else could be in the water besides iron. My water is cloudy and I do all the recommended maintenance frequently. I have also called city hall to complain on several occasions and gotten no response. A An individual evaluation is necessary to answer your question. (Note: Utility Supervisor Peterson gave this person his business card and requested that he contact him to review this problem.) Q Is cement lined pipe the only way to go or are there other options? A There are a couple of other pipe materials available. We are considering cement lined ductile iron at this point. However, PVC pipe could also be used. Q If this $2,500,000 project fails will we get our money back? A We can't make any guarantees about results. Q If we wait to replace our watermains until the 50 years is up will we then have to pay 100% of the replacement cost? A That is an option. Some cities have handled it that way. Q Are the people on the north side of the freeway having these kinds of problems? If they aren't is it because all their sedement is being passed down to us? A They aren't experiencing the same amount of problems you are but then the conditions aren't the same. We do not believe that any substantial portion of the problem is coming to you from that area. Q Will this project just be another experiment that we have to pay for? 0 A No. We did the experiment on Paul Circle last year and have made an effort to take as much of the guesswork out of the results as possible - however - we still cannot make guarantees. Q What causes the dead end effect. It seems that our neighborhood should use just as much water as any other - especially with watering in the summer. A Because this neighborhood is on the far western edge of the city and the well fields are on the far eastern side all of the water is pushing westward. Approximately 60% of the water comes down 63rd Avenue, 30% down 65th Avenue and 10% or less under the freeway. Q Does Brooklyn Center and Brooklyn Park have higher iron content than other cities? A St. Louis Park has heavy iron and they treat the water. Crystal buys water from Minneapolis. Robbinsdale has high iron content and they treat the water. Water from our wells is not excessively high in iron but it does pick up iron content from the unlined watermains. Q Why did your survey show more problems in the summer than winter. There should be increased circulation in the summer to help the problem. A 1. Water temperature rises in the summer causing problems to increase. 0 2. The higher demand causes the pumps to pump more and increased pumping increases the level of oxygen in the water. 3. Rust builds in the pipes in winter and with the heavy surge of summer use the buildup releases into the water. Q Couldn't we increase circulation by filtering some of the water into the storm sewer year round? A We are doing just that on Toledo. It has helped some. The 0 & M procedures we are currently using is costing the city $50- $60,000 a year. Q If the city would soften the water would that help? A We believe it would help some. However, cost estimates at this time indicate that your water bill would triple to cover the increase. And, even if the water supply was softened, we would still expect to have red -water problems in this area because of the condition of the existing mains. Q Do home iron filters help? A Some have, but require heavy maintenance. They don't always solve all the problems. Q Was lined pipe available 30 years ago? A Yes. Q Why wasn't it used in our neighborhood? A City records don't provide that kind of information. We can only guess that it may have been more expensive or, with the construction boom in the mid 50's, availability may have been a factor. Q Did the survey question owners about copper vs. iron house piping? A Yes. Those with iron or galvanized iron pipes tended to have more of a problem. However, there were some with iron pipe who reported no problems and some with copper pipe that had problems. It was not clear cut. Q How accurate is the cost estimate? A We have based the estimate on other similar projects in the Minneapolis area and added a 15% contingency factor to try and assure a high estimate. Contractor's bids usually come in below the estimates. We are fairly confident that this will be the case. Q Why can't the city just send a card to everyone asking their opinion instead of getting petitions? A That is an option. Q Those of us on the fringe area are not having much of a problem now. Will we have a problem 10 years from now. I think we are rushing into this. Why haven't you tested my water. It seems that if I'm going to have pay this kind of money I should at least have my water tested first. It feels like you're ramming this down our throats. A The project schedule isn't even a proposed one. We just showed you what the schedule could be if you wanted to have it done this year. We have done extensive testing in the neighborhood and believe that we have enough samples to give us reliable results. Testing at each house would be expensive, and we do not believe those costs can be justified. Q Why not assess the whole city for the project instead of just us? A The whole city doesn't benefit from the project. Uner the proposed policy, 65% of the cost will be charged to the Public Utility fund, which gets its money from all of the water users in the City. Q If Quail doesn't want it - would Regent benefit from having theirs done or would Quail be forced into having it done? A First, it is fairly obvious that, the larger the area in which water mains are replaced, the better the results will be. However, the first choice will be up to the people who initiate a petition, i.e., they must decide which areas they want to petition for. Then, if the petition is submitted, a public hearing would be held, at which all affected persons would be able to speak for or against the project. Then, following the public hearing, the City Council must decide whether or not to order the project, or a part of it. Q Is it true that 4 /5ths of the Council want the project we won't have any choice? . A The State laws (MSA Chapter 429) do allow the City Council to make that decision. However, the Brooklyn Center City Council has established a history of being responsive to public input. Q Why not experiment by bringing larger mains into the area, to increase circulation in our neighborhood, before speding $2.5 million. A The costs of increasing the size of the distribution system feeding into this area would also be very large, and it is our opinion that the benefits from that approach would be minimal. Note: Mrs. Harlan C. Stowe - 6331 Unity Avenue North reports that MTC buses traveling on Unity Avenue cause extreme vibrations, noise, rattling of dishes, etc. in their house. she requests that, "if the street is dug up for water main replacement, the street be redesigned as necessary to eliminate this problem ". CITY STAFF GERALD SPLINTER CITY MANAGER Sy KNAPP DIRECTOR OF PUBLIC WORKS BO SPURRIER CITY ENGINEER DICK PLOUMEN PUBLIC WORKS SUPERINTENDENT DAVE PETERSON PUBLIC UTILITY SUPERVISOR FROM SERCO LABORATORIES, INC JERRY ALLEN PROFESSIONAL ENGINEER i �� if ill, if h it if a1 it If 51 E1 11 '_i 1! if ii h �i 1i h If 3 I! 11 � ; 1f L 1 1 I ll if i! �Jl A LA —11- o... i —�- - -- c� Oar �] D�a Sao ® N i 0Ulu s �_ HID � � a ©ooh a _ � . Oooc aoa ®oo� I � � - � f a _ = 1-.' 10F�00aa000o 1 v ii TWIN LANE � u,.eei II ,�� o` � �I I 13 r H R OOK 1, A' N TWiw �D `�F r E NN T 1i R �. Wfm - REJ1 If TWIN i W PROBLEM; "RED WATER" RED WATER IS THE RESULT OF HIGH LEVELS OF IRON IN WATER STANDARDS AND TEST RESULTS; "NORMAL STANDARD" = 0,30 MG/L WELLS No, 3,4,5,6,7, AND 9 0,05 TO 0,10 MG /L WELL N0, 2 = 3,8 MG/L (USED ONLY AS AN EMERGENCY BASIS) 19803 TEST RESULTS IN THIS NEIGHBORHOOD = 0,20 TO 4,50 1987 TEST RESULTS IN THIS NEIGHBORHOOD = 0,05 TO 0,70 FACTORS CAUSING PROBLEMS 1. POOR CIRCULATION 2. SMALL MAINS AND DEAD ENDS 3. UNLINED CAST IRON PIPE PROCEDURES ATTEMPTED AND E VALUATED PROCEDURE RESULTS FLUSHING LIMITED SUCCESS "IN - LINE" CHLORINATION POOR SUPER CHLORINATION LIMITED SUCCESS, VERY COSTLY AND DISRUPTIVE CHEMICAL TREATMENT OF WATER SUPPLY TO PROVIDE CORROSION CONTROL GOOD INSTALLATION OF IN - LINE PUMPS GOOD INDIVIDUAL ASSISTANCE TO CUSTOMERS LIMITED SUCCESS CURRENT PROGRAM INCLUDES 1, CHEMICAL TREATMENT TO PROVIDE CORROSION CONTROL (ZINC ORTHOPHOSPHATE) 2, THREE IN - LINE PUMPS (ON ORCHARD AVE, ON REGENT AVENUE AND ON UNITY AVENUE) 3, FLUSHING MAINS (WHERE EFFECTIVE) 4, INDIVIDUAL ASSISTANCE TO CUSTOMERS (USE OF QUICK ACTING VALVE, ETC,) CURRENT ALTERNATIVES 1. CONTINUE PRESENT 0 & M PROCEDURES, WITH MINOR MODIFICATIONS (FINE TUNING) 2, VARIOUS METHODS OF LINING THE PIPE IN -PLACE 3. 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'`"��,'v,;�*F +,"5}r ±.r ,1+ "�. {�S'a' ,:+''..t... y �. r,.r.: r .n v ?^ ; �r• s r. .. 1 C PRELIMINARY POLICY - # WATER MAIN REPLACEMENT PROJECTS MUST BE INITIATED BY PETITION OF PROPERTY OWNERS, UNDER STATE LAW, COUNCIL CAN ORDER PROJECT CONSTRUCTED, FOLLOWING A PUBLIC HEARING, # BY A SIMPLE MAJORITY VOTE OF THE CITY COUNCIL, IF THE PETITION IS SIGNED BY MORE THAN 35% OF AFFECTED PROPERTY OWNERS, # BY A 4/5THS VOTE OF THE CITY COUNCIL, IF THE PETITION IS SIGNED BY 35 %, OR LESS OF THE AFFECTED PROPERTY OWNERS, # IT IS PROPOSED TO LEVY SPECIAL ASSESSMENTS TO BENEFITTED PROPERTY OWNERS TO COVER 35% OF THE TOTAL COSTS, (THE OTHER 65% TO BE PAID FROM THE PUBLIC UTILITY FUND,) # ESTIMATED SPECIAL ASSESSMENTS = $1661/HOME, # TERM OF SPECIAL ASSESSMENTS = 20 YEARS, SPECIAL ASSESSMENT PAYMENT SCHEDULE ASSUMPTION TABLE PRINCIPLE _ $1,661.00 TERM a 20 YEARS INTEREST a 10% MONTHS INTEREST YEAR 1 - 15 AMAL YEAR PAYMENT 1 $290.68 2 $240.85 3 $232.54 4 $224.24 5 $215.93 6 $207.63 7 8 $199.32 $191.02 9 $182.71 1 9 11 $174.41 $166.10 12 13 $157.80 $149.49 14 $141.19 15 $132.88 16 $124.58 17 $116.27 18 $107.97 19 $99.66 20 $91.36 NOTES # REPLACEMENT OF UNLINED PIPE WITH CEMENT - LINED PIPE IS NOT A GUARANTEE AGAINST ALL RED WATER PROBLEMS. REMAINING FACTORS; # POSSIBLE "MIGRATION" OF RED - WATER FROM ONE AREA TO ANOTHER # INDIVIDUAL PLUMBING SYSTEMS IN HOMES (IRON PIPE, GALVANIZED IRON PIPE, WATER SOFTENERS, WATER HEATERS, FILTERS, ETC,) # IF PETITIONS ARE CIRCULATED FOR WATER MAIN REPLACEMENT, THE PETITIONERS MAY ALSO WISH TO CIRCULATE PETITIONS FOR INSTALLATION OF CONCRETE CURB AND GUTTER AT SAME TIME 1988 SPECIAL ASSESSMENT RATE FOR CURB AND GUTTER = $1325.00/LOT i POSSIBLE SCHEDULE IIF.� DgIE COMPLETED INITIAL DISCUSSION BY C ITY COUNCIL .......... 2 /22/88 PUBLIC INFORMATIONAL PROGRAM ................ /23/88 CITY COUNCIL. FORMALIZES POLICY AND PROCEDURES .... ........................ /11/88 PROPERTY OWNERS SUBMIT PETITION(S) .......... 5 /10/88 CITY ENGINEERS REPORT SUBMITTED TO COUNCIL .............................5 /23/88 PUBLIC HEARINGS) HELD ...................... /27/88 PLANS AND SPECIFICATIONS APPROVED .......... 7 /11/88 BIDS APPROVED....... . .......................8 /4/80 CONTRACT FOR CONSTRUCTION AWARDED .......... 8 /8/88 CONSTRUCTION COMPLETED ...................... /15/88 4S2041t, •152 •4 A E ♦ ♦ I % - 2 AMM 51011 13 49.tr93 4901 'Fi3 -25 5013 4 41 ♦ 171 31 .3 5,01 �000 '02 "2 500 t Owl f C� L r A.; 231 Vill 13 5131 1255119 1 -ills i5 1 500 •9's 4913 t o b b AV E �� a vo. o. z a Sz1 sz± V,, 5 slot "3 7 5001 I tj 1 4 - , r � oi "2 wa -3216- ♦ ■ L o 0 5207 Ai IF 1 330, -3213 11207 a 1330-3 -0 z i DR �330 31 474DO \y 4330 11 5313 301 t2 5201 5.15 Sir. 5101 w , - • is 3 Al24 CL ' 0 9 ,E L E A N A#Mi 1■♦ 9 ♦ P ♦ ALA N!E m 0 A t' J-P wi 41 3 U c. 15,N 2 15 3m 522 5" .5200 5112 0 ,06 14916 491 t 53SO •921 4901 48.1 4(101 • 4401 -310, 5 Z Z A 32 5319'5313,530 SJQ15 62ND AVIw. R Lij > 05 6430 cc icy ORCHARD 0 ♦ 6, 33 6124 0 LANE )< M / X SCHOOL X X its o.1 • xxx x .61 ST AVE Ix 'Self 15(•13 !SOOTSOW ? 33 . 3 4 IRON--ORANGE,RED WATER 4 3 x, M TASTE AND/OR ODOR 1983 A MANGANESE -- BLACK /DARK BROWN WATER,, KY I-Aw U � LLL L__L_j L _ tL t_ j s— ei. , Z• .•7. "zrr; .•,t "rz z •.z _. _... C94 / — Fi o • w E I ..L A N zod f vu i4J•�:v 1tl1 1211 5 V ol , .11 , ]n0 5u) s10, 7.01 k10U .. ^f ) .for _00 \ I I r - n7l 5F5 ' g ,r p z.= V 2 .011 • (` A E �. sot '" 7012 f Q P , ; , 6 6 T F 7 . , 101:1,0. 777. I .f ,2p .,. :7 111 ..7 .7q. Yx+l � \ ?�' ` x � • \ . 1 7M4 Q I I 71.e 7.12 � �s WI G'ESf 00. \ _ • 7,k .2. SANE ,at 7 WINCHESTEI � 7001 0 2 700e soon • 8 AV E. N. 1 7277 , " m i !r.! 7.1! 10 7q1 7Q) 001 7001 7212 " EAU B5 72.0 1p Z e 1700 Y.2 N ' a 9 _ J '..707 570r 7. 12'0 •^ _ _ R .y , • ' T :., LA= e cr L) 4700 1 ?7 .7 72 1.lh,. n W " w 7 •r0 .R71 to - t . 77 ,7z+71.e 17: 7 77C s 7200 s1.: 7qs 6 R 0L__ 7.Ot 7)fr � 71 . 7 770.72! 720 sql so's 5001 .921 4l0r 401, 1001 .101 Y Z �1 L DE LA.� 7 - "■ ui _ 62ND AVE. N. lw Ia. ♦k > icy J N 1951 1171 771 it lui .oft logo ^ 4 W 'a y ORCHARD. R �Y` .do .:•LANE 0 J Sr., SOOT 1 SCHOOL ` � Er W > - 011! q1 61 ST AVE. X a, ��/\ J Y ' ., ., .•.: ��'. 1 ' 701, 7M/ 500 ,001 r,'..r, 1.l,I� ,,,,�� �( / 3334 Xh 4 3 IR / 1 ® ON -.. 0 ANGE WATER X , �� �� 1 9 8 7 ■ TASTE AND /OR ODOR �` ��`�' . I , w_ \ \ MANGANESE - - BLACK /DARK BROWN WATER) - \ KYLAWN PARK X REFiETI CO MPLAINTS '' - iii ..► CITY OF BROOKLYN CENTER Council Meetin Date 4/1 1 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1988 -G (TREE REMOVAL IMPROVEMENT PROJECT NO. 1988 -11) DEPT. HEAD'S APPROVAL: DIRECTOR PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes - On March 14, 1988, the City Council approved specifications for the City's annual Diseased Tree Removal program. 0 Three bids for that work were received on March 31, 1988. As shown in the attached resolution, the low bidder is the North Wood Company, with a total bid of $59,954.00. That company held the City's contract in 1987 and their overall performance was fully acceptable. If their 1987 unit prices were applied to the quantities specified in this year's contract, the total contract price would be $50,820. Accordingly, their current bid represents an 18.0% increase in contract costs. While this is a substantial increase, it is my opinion that last year's prices were quite low, and that the current bid is the best that can be obtained in the current market. Accordingly, I recommend award of the contract to the North Wood Company. A resolution for that purpose is provided for consideration by the City Council. Member introduced the following resolution and moved qb its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BID AND APPROVING CONTRACT 1988 -G (TREE REMOVAL IMPROVEMENT PROJECT NO. 1988 -11) WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1988 -11, bids were received, opened, and tabulated by the City Clerk and Engineer, on the 31st day of March, 1988. Said bids were as follows: Bidder Bid Amount North Wood Company $ 59,954.00 Ceres Tree Company 65,735.00 Gorecki & Company 76,350.00 WHEREAS, it appears that North Wood Company of Coon Rapids, Minnesota, is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota: 1. The Mayor and City Manager are hereby authorized and directed to enter into the attached contract, in the amount of $59,954.00, with North Wood Company of Coon Rapids, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1988 -11 according to the plans and specifications therefor approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. In accordance with "Section 15.00 - AWARD OF CONTRACT TO OTHER BIDDERS ", the City will hold the proposals of all bidders for the purpose of awarding a secondary contract in the event the primary contractor fails to meet the requirements of the contract, or is unable or unwilling to agree to remove more than the minimum requirements specified by the contract. Date 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. CITY OF BROOKLYN CENTER Council Meeting Date 4/11 /88 Agenda Item Number n REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION AMENDING FEE SCHEDULES RELATING TO THE ADMINISTRATION OF THE NOXIOUS WEED AND TREE REMOVAL ACCOUNTS DEPT. HEAD'S APPROVAL: DIRECTOR OF PU IC WOR S MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The Engineering Staff has conducted an analysis of the costs for administration of the City's Diseased Tree Removal program. Based on that analysis (copy • attached) it is recommended that the fee structure be amended to more accurately reflect those costs. In addition, Brad Hoffman recommends that the charges for administration of the Noxious Weed Control program be amended to more accurately reflect actual costs. A resolution for that purpose is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING FEE SCHEDULES FOR THE ADMINISTRATION OF NOXIOUS WEED AND TREE REMOVAL ACCOUNTS WHEREAS, the Brooklyn Center City Council has provided for the establishment and administration of programs for the destruction of noxious weeds and removal of diseased and other shade trees as specified by the Tree 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 that the existing fee schedule be amended as follows: Noxious Weed Destruction Accounts Existing Charge - $25.00 per parcel per cutting Amended Charge - $35.00 per parcel per cutting Tree Removal Accounts Existing Schedule Amended Schedule Administrative Fee Private Property Tree /Stump $15.00 $40.00 Boulevard Tree /Stump $ 7.50 $20.00 Special Assessments $25 per parcel $25 per parcel Service Charge on which a special on which a special assessment is levied assessment is levied Capitalized Interest $10 per tree $10 per tree Charge BE IT FURTHER RESOLVED that said amended fee schedules shall be effective immediately. Date 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. TO: Sy Knapp, Director of Public Works FROM: Jill Norlander, Administrative Aide DATE: April 7, 1988 RE: Adjustment of Fees Related to Tree Removal Following is an evaluation of the fees currently charged for tree removal and assessment of tree removal costs. Administrative Fee The current fee charged is $15 for each tree removed. In 1987 the estimated payroll cost for administration of the program (including Engineering personnel and Tree Inspector payroll) was $7,800. If divided by the .total number of trees marked during 1987 (272), the cost for each tree is estimated to be $28. This figure does not include any fringe benefit factor or overhead costs. If the fringe benefit factor (1.41) were applied, the cost would be approximately $40 for each tree. And, if overhead were also taken into consideration, this factor increases to approximately 2.0 (to include fringe benefits, equipment rental, office costs, and other overhead costs), the cost would be approximately $56. Based on these figures, I recommend increasing the administrative fee for 1988 to $40 for each tree removed. Mobilization A new addition to the cost of tree removal in 1987 was the amount allowed to the contractor for mobilization. The City absorbed the cost of mobilization last year. I recommend that the mobilization cost be added to the contractor cost of removing the trees based on the total number of trees bid, i.e., $3000 mobilization cost : 284 trees bid = $10.56 /tree. I recommend adding a mobilization fee of $12.00 per tree to the contract price for each tree. Special Assessment Fee The current charge is $25 for each parcel assessed. It is difficult to accurately establish the actual cost of assessing tree removals because the work order reports hours spent on all assessments combined. However, I suspect that $25 is fairly accurate. I recommend no change for 1988. Capitalized Interest The current charge is $10 for each tree assessed. I have figured what those assessed in 1987 would cost if we charged 10% interest from the date the contractor was paid until the cost was assessed. The overall average was $9.30 for each tree. I recommend no change for 1988. Submitted for approval, Recommended for approval, JJAl Norlander S y Kri Administrative Aide Direc r of Public Works CITY OF BROOKLYN CENTER Council Meeting Date 4/11/ 88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION *ITEM DESCRIPTION: RESOLUTION ESTABLISHING IMPROVEMENT PROJECT 1988 -12, ACOUSTICAL IMPROVEMENTS TO CITY COUNCIL CHAMBERS, AND ACCEPTING PROPOSAL FOR ACOUSTICAL ENGINEERING SERVICES DEPT. HEAD'S APPROV L' , DIRECTOR OF PLFWIC WORKS it * *ir *ylr * *�t�k *ic iki�icytakirytityrlrYcytleieyeyryeytye�rir�r�r�r�k�ri�� rink* ir* �k�k�r�lrir# �k�k�k* �Yr�lr�irieak** �tieie�Mrir�k *�lrie�r * * * *�t�lrslr�t *�lr�k *ink *�ir�tit MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report &L Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached es The 1988 budget for the Government Buildings Division includes appropriation of $3200 for improvement of the public address system and $18,000 for noise reduction in the City Council chambers. To assure that the desired results are obtained, Staff recommends that the City employ the services of an acoustical engineering consultant to analyze the existing conditions, identify the cause of the existing problems, and recommend solutions. After interviewing several firms which specialize in this area, we recommend that the City accept the proposal of Wm. H.O. Kroll & Associates (a copy of their proposal is attached). This firm is highly recommended by Al Mjorud of CMA (the architect who has.designed recent improvements to the Civic Center), and has a long list of successful projects. The proposal estimates the cost for services at approximately $3000. (Since there should be no need to take formal bids for the new sound system, the additional $2000 fee noted in the proposal does not apply.) A resolution is provided for consideration by the City Council. qj Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING IMPROVEMENT PROJECT 1988 -12, — ACOUSTICAL IMPROVEMENTS TO CITY COUNCIL CHAMBERS, AND ACCEPTING PROPOSAL FOR ACOUSTICAL ENGINEERING SERVICES WHEREAS, it is the opinion of the City Council that acoustical improvements need to be made to the City Council chambers; and WHEREAS the 1988 budget for the Government Buildings Division provides $21,200 for such improvements ($3200 for P.A. system improvements and $18,000 for noise reduction); and WHEREAS the Director of Public Works recommends that the City employ the firm of Wm. H.O. Kroll & Associates, professional acoustical engineering consultants, to provide needed acoustical engineering services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: ACOUSTICAL IMPROVEMENTS TO CITY COUNCIL CHAMBERS IMPROVEMENT PROJECT NO. 1988 -12 2. The proposal of Wm. H.O. Kroll & Associates Inc. to provide needed engineering services at an estimated cost of $3000 is hereby accepted. The City Manager is hereby authorized and directed to execute said agreement on behalf of the City of Brooklyn Center. 3. All costs for this improvement shall be funded from the 1988 budget for Government Buildings, Division 19 of the General Fund. Date 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. Wm. H. O . Kroll & Associotos Engineers Consulting in (acoustics 5217 West Mill R.d. • Minnetonka, MN 55345 • 612- 934 -1300 28 March 1988 The t Ci y of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN. 55430 For Mr. Sy Knapp This writing follows our meeting in the Council Chambers last week and sets forth a proposal for acoustical consulting services. The room itself has some acoustical deficiencies as we noted echoes and some speech garbling there. Kroll and Associates is the oldest acoustical consulting firm in the Midwest. We derive our only income from consulting fees and have neither direct nor indirect interest in the sale of any goods. We are not jacks of all trades but restrict ourselves to acoustics, including noise and vibration problems and sound system design and specifications. Copies of letters of reference and other documents are included for your use. My firm correctly has projects at four different Universities. Recent City Hall and Council Chamber projects are: 1) White Bear Lake*- now under construction with Eldon Morrison the Architect and 2) Rosemount; Milt Bruflodt of Fridlund Architects called me in to consult on acoustical deficiencies in the newly built City Hall there, in Rosemount. My firm is highly qualified to work on your project and could begin g q P l g by the second week in April and finish within two weeks after beginning. I work by the hour. My fees are reckoned at $100. per hour and those of a helper at $25. per hour. One or two helpers would be necessary for the testing. As I understand, work is needed in three areas: is 1) Architecturally, to make the room acoustically correct and pleasant onto itself for the spoken word; City of Brooklyn Center 28 Mar. 1988 Page Two 2) Noise reduction for the Heating and Ventilating System - to end up with quieting as needed for easier listening in the Chambers; and 3) To design and specify a Sound System to allow for microphone use by those needing it, amplification and loudspeaker reproduction of those sounds picked up from the selected microphones or recorded material. Provision to tape record happenings would be included. Experience on hundreds of projects lets me give you estimates for fees. 1) To analyze the room and make recorrrrendations for the archi- tectural part .. ............................... about $1,000. 2) To study the air handling system noise and make recommen- dations for quieting ......................... .about $1,000. 3) To design and specify a new Sound System ...... about $1,000. Please note that Part 3) that of the new Sound System has to be qualified and I think that I spoke regarding this at the meeting on Friday. To design and specify a new Sound System would be just that - a design telling what goes where and how it should all be hooked up and then make and model of each component, loudspeakers and microphones specified. This would be such that any qualified person could furnish and install the new Sound Systern. If, however, you would have to go out for formal bids to furnish and install, then there would have to be about twenty pages of boilerplate -type paperwork setting forth the Sound System Contractor's responsibilities and obligations. This extra documentation work would cost about $2,000. extra. For Part 1) the Architectural, you would get marked -up drawings, sketches and possibly pictures telling what should be done where. If small in scope, perhaps your maintenance people could do the work directly from the recommendations. The testing and analysis will determine how much should be done. For anything significant, your Architect would be able to prepare formal drawings and documentation for work to be bid on by contractors. For Part 2) the Air Handling System noise, we would study it and make tests to find out where the noise is coming from and then make recommendations as to what should be done to fix the problem. Again, there would be a written report saying what we found and marked -up drawings and sketches to show what should be done, where, how and with what product. City of Brooklyn Center 28 Mar. 1988 Page Three Part 3) the Sound System work has been already covered above. Thus, the estimated fees would be about $3,000. for all of the work. There would be no work done beyond $3,000. without your specific knowledge and consent. At the meeting I mentioned that it might cost about $2,400. - $2,600. but now after having outlined all of the work and trips to the jobsite plus office time and helper time, I think that it could run to $3,000. but not to exceed that unless unusual or extraordinary things were to come up after starting. We have been at the same address for over twenty years and have never yet been aware of any complaint about our work or fees. If the above is satisfactory, you could formally hire us with a letter or P.O. saying - "We hire you to do the work proposed in your letter and understand that the estimated fees will be $3,000." Or however else you wish to do it. Last Fall at the State Architect Selection Connittee meeting for the sixteen lecture hall project at the University of Minnesota, two out of three architects on the finalist list had me appear with them. We currently have projects at four Universities, the Mayo Clinic, St. Joseph's Hospital in St. Paul, as well as the Frost Arena in South Dakota, three churches and several projects at the University of Minnesota. There is a track record of hundreds of projects for you to look at. Your project is challenging, my firm is highly qualified to do the work. Meeting you and others of the City Staff was my pleasure and I look forward to doing first -class work for you. If there are any questions, you have only to call or write. Very truly yours, Wm. H. O. Kroll, P.E. WrnK / i w cc: Theresa McCormack - CMA *NWSON ` WATSON RUTLAND /ARCHITECTS January 7, 1988 Mr. William H.O. Kroll 5217 West Mill Road Minnetonka, MN 55345 Re: Alabama Statehouse Dear Bill: I was recently in the Alabama Statehouse on a year —end inspection and wanted to pass along to you an observation. We consider the Statehouse one of our more technically complicated endeavors. You are well aware of the hundreds of hours of concentrated effort and coordination it took to make this legislative facility come together. Needless to say, this project could not have been completed without a tremendous effort from you and others like you. I can say without reservation the acoustics are perfection and aesthetically pleasing as well. For your use, I am enclosing some slides of the House and Senate Chambers and the Joint Committee Room.. We look forward to the possibility of working with Kroll and Associates in the near future. Stay in touch. Best regards, 0hael R JMR /bb 0 MEMBERS AMERICAN INSTITUTE OF ARCHITECTS W. MURRAY WATSON W. MICHAEL WATSON J. MICHAEL RUTLANO 166 COMMERCE STREET • P.O. BOX 4834 • MONTGOMERY. ALABAMA 36104 • [205] 263 6401 DIOCESE OF DULUTH BISHOP'S OFFICE 215 WEST FOURTH STREET DULUTH, MINNESOTA 55806 January 12, 1988 Dear Bill: Enclosed is the letter of endorsement which you requested and which I was happy to write in your behalf. Robert Sipe will finish the installation of the pipe organ by the end of next week. The celestory windows will be installed the week of January 25 and the lower stained glass windows sometime before Easter. That will complete the project. We decided in the process not to place a mural of Mary in the dome of the sanctuary and, instead, had the whole ceiling treated with the acoustical plaster. I made sure that the contractors did not skimp on the sound system. It was costly, but with the improved acoustics, there is virtually no place in the church where people cannot hear. While nothing will ever be admitted to be perfect by Robert Sipe, one of his workman said that they are very pleased with the net result. I would be delighted to have you come up to Duluth anytime now or in the future to see how the sound dimensions of the project turned out. I will be in town rather consistently except for February 7 -12. Thank you, again, for your good work and best wishes for success in all your endeavors. Sincerely, fi Bishop of Duluth g f � r DEPARTMENT OF PARKS AND RECREATION January 4, 1987 Mr. William H. 0. Kroll, P.E. William H.O. Kroll and Associates 5217 West Mill Road Minnetonka, Mn., 55345 Dear Mr. Kroll, This is just a note to let you know again how pleased we are with the design of acoustics for the Central Park Amphitheatre. Since its construction in 1984, we have had nothing but excellent comments from both the users of the bandshell facilities as well as the citizens attending the various concerts and events. We have had many comments from band and orchestra conductors that this is one of the finest acoustical designed facilities in which they have performed. Please be assured that your work has been very successful in the acoustical design for the Central Park Amphitheatre. Please feel free to have anyone contact us concerning this project. Sincerely BOB BIERSCHEID, Director of Parks and Recreation BB /bf ?(�t>f) CI�ZC C:1;A'IF,,Z l�la1'E • i:t)�1�.�'(L(.i. • J9i \ \F.tiO "I 1 • 5i�1.3 • (�i?- 1- 3:i7i NORMANDALE COMMUNITY COLLEGE (612) 830 -9300 9700 France Avenue South • Bloomington, Minnesota • 55431 December 18, 1987 MR WILLIAM H 0 KROLL 5217 WEST MILL ROAD MINNETONKA MN 55345 Dear Mr. Kroll, I would like to express my gratitude and satisfaction concerning the excellent work you did as the accoustical engineer for the Normandale Concert Hall, Band Room, and Ensemble Room. I rehearse in the band room daily and must say that the accoustics are excellent. The Concert Hall is one of the best performing facilities I have ever seen. The students share my enthusiasm about these facilities. I want you to know that your complete cooperation was greatly appreciated. Sincerely, Carlo Minnetti, Director Instrumental Music bl Thod e Dedicated to "What's the Painless New Pocket Specifying Dryw all Cost on Installation ST Irepl ine This Project?" Guide Available USG announces the distribution of its The question today, specifiers, is - How much is the drywall on this project going to new pocket installation guide for its 2" cost ?" Before we start, - That's why we have contractors!" is not the right answer! solid area separation wall system. The While complete prelims are usually done by a contractor, it is nice to have some idea of pocket size 15 -page booklet is very com- what costs are as you go along. Towards that end "The Trapper" lists below the items plete including step -by -step photos and involved in estimating drywall requirements. illustrations. Contact the MDC for your copy. Tele- phone number is 546 -5416. NOTE; This page is from a trade publication and speaks to specialized interests. The overall project St Paul Heart is highly interesting, too. There is a beautiful, high buck teaching auditorium providing natural voice Lung Center Update discussion between the audience and the lecturer on stage. The walls are all cloth covered. !Medical st The major project story on this con - � � ruction featured in our May 1987 issue exam rooms including tr - F(f! ills are on th r e I loor above of Drywall Report did not include the but not a sound from move is to be heard in the contributions made by engineer Bill Kroll, auditorium of Wm. H.O. Kroll & Associates, Minne- Nearby are two quiet meeting roans. The floors to As As the acoustical consultant for the above had been designed for offices but after construc- project Mr. Kroll devoted two intensive tion began, a program change wanted an aerobic dancing years with the early planning stages on and physical fitness center on the floor above the throu detail work jobsite testing and meeting roans. The floor loading code requirement for compromises with construction prob- such activities as cam ared to the original design le The project required a mechanical left no room for conventional noise and vibration system —not trusting commercial muff - ' isolation floor construction, The application of the lers. and he personally designed noise utter fund of acoustics resulted in an orig– control pleni for the project. final design that worked out very well and nice, quiet Mr. Kroll made the acoustical calcula- meeting rooms below all that physical activity on the t i ons suc as ceiling height and floor loading necessary, and designed the floor above septum ceilings for the building. to addi- The reference to "60 or better decibels" stems ti on, he developed the design of the from changes during construction. The original eleva auditorium wall panels and all of the for equipment roan was planned to be separated by one parts— ceiling, stage and doors. room from the auditorium. During construction, roan Another omission involved one of the advanced acoustical methods included changes, wall building sequences and the alleged refu- in the project. As a result of construction sal by the elevator contractor to install unless he scheduling and machine noise char - got more roan resulted in the elevator equipment roan acteristics, it became necessary midway suddenly appe next to the auditorium wall. A through the project to modify a wall to special party wall section was designed for the ' emer- y ield 6o or better decibels of noise at- tenuation. He indicated that the drywall ge ncy" . Not a peep from the elevator equipment contractor adjusted to the problem, and machinery can be heard in the Auditorium through his cooperation the finished wall worked extremely well. Sorry for the omission, Mr. Kroll, and how about a hearing testing appointment at your earliest convenience? Setting Type Compounds - This type of compound takes a timed chemical set instead of losing water through evapora- �� Questions about The purpose of the Minnesota Dry - tion as do the others. Because of this s DRYWALL... CALL wall Council is to promote the advance - they are ideal for deep fills because they the MDC ment of the drywall industry, includ- do not shrink. Since the compound will o. HOTLINE ing the analyzing of the problems et even under water it is the one to facing the industry, and to promote cify for exterior soffit work, parking �i' the use of the industry's products. ps and other areas prone to occa- ; 546 -5416 The Council also was created to sional damp conditions. improve the standards and practices of the contracting for drywall instal - There you have it, another handy "clip and save" reference from The Drywall Report. I lation. Ainneapoiis Star and Tribune amYou nave to nderstand the biance on the rim of the caverns in Chisholm. Ironworld used to have Tuesday another name, and I'm not sure this. July 8/ 1986 is an improvement It took the newspapers 10 years to learn how to spell Iron Range Interpretative . Center with that fugitive syllable In the middle of interpretive. Iron _. ; Range Interpretative Center was so much a mouthful it needed RolaidL It had a doublejointed sound that made the listener feel surrounded by vowels as well as ore cars. But at about the point where _ everybody was educated, some advertising agency with discs full of market psychology decided that what the public wants is glitzy new Jim worlds to explore after Dlsneyworid, Marineworld and Cactusworld. I• don't know how much glitz you should expected to find in an ore Klobuchar pit So you may have to tolerate tae label. But the product, still evolving from millions of dollars of state �1 money to bring visitors to �J northeastern Minnesota, -seem ee The music worth most o f the outlay. It a place mil for comfortable fay strolling, ng, on 1 U lawns and little bridges landscaped \N and the pit over the debris of the iron or front It is bright and tidy kiosks offering ethnic cooking, history in mingled well p ° g aunt and film and live theater The history of music flows back Above all, it is a place where the thousands of years to lutes, soul of the immigration — the dulcimers and goats' horns. Through melding of mighty machines and the all those millennia there was not one', prodigal red caves and the iron ore documented case — until Saturday families' grubbing search for destiny night — of a symphony orchestra — is palpable and full of power and playing in an ore pit wonder. And here was a forum for music, partly roofed but with some I come to you today as a witness to of the seats open to the sky, that the artistic breakthrough of our followed the actual contour of the times. I do it not only as a child of I ore diggings the ore pits but in revenge on one of my cynical racquetball cronies. I It is also a place that needs the hype gave him the news late last weet of show biz and some genuine art to "Frank," I said, "it's glorious. The draw crowds, and Saturday night world-celebrated Minnesota i they brought in the orchestra. Its Orchestra is going to play Ironworld ' program was flavored by the i in the open air in Chisholm." midsummery tight classics and the big, impressionistic voice of Jubilant d "Fantastic," he said. "Who do you Sykes. Before it was halfway think will win ?" through, the musicians were expressing their private amazements ' The man probably never got beyond at the quality of the acoustics — and C the broomstick bass on the the crowd's adrenaline was running. neighborhood gong show. On the When the guest conductor, Kenneth rv) Range Saturday night, it was never a Jean, unleashed "The William Tell contest What it was, from the time Overture" at the finish, the audience O the cloudbursts stopped before the was on its feet. And when he did an downbeat to the starbursts at the Independence Day encore of "The finish, was a banquet of love. Stars and Stripes Forever," fireworks burst in the northern sky, Nobody showed up in a miner's and the musicians and audience helmet But there were people who practically embraced. not long ago hauled iron ore out of the enormous red caverns beneath Never mind that the woodwinds had the new amphitheater where the to fight off mosquitoes. orchestra played. They were hardly musical illiterates- Music is the i What do you want from a concert in breath of the Iron Range. Sometimes the ore pits, gowns and diamond it comes in zesty polka beats and the horseshoes? accordion choruses of its house parties and celebrations, and sometimes it's deeper in the marrow M npnn1P wtt1LVP Anrpaln" irnpw More lie a ��{yyl�• P schools fh ay g et F Y - r�yMw ` j et-noise insulation li,it,lE „� a V J ' I n ' ` Staff Photo by Charles Bjorgen Kathy Richter has to compete with jets to be heard in her kindergarten class at Wenonah Elementary Scl By Laurie Blake Staff Writer They will inN ite Greenwood to the school to hear the noise. Theresa Weichert, first -grade teacher lt's story time in Kathy Richter's �at St. Kevin, said that before the kindergarten class at Wenonah Ele- The insulation program is not as ur- ' school was insulated the noise would mentary School in Minneapolis, and gently sought at Centennial, where force her to stop teaching. Now, she just as the kids are warming to the Dick Walker, the Richfield School 8 k said, "I rarely hear them (the planes) .plot, a jet roars over the building. District's director of buildings and r-J +eat and it's very distant. It's just marvel - grounds. said he does not think les- � J ous in here.” She can raise her voice or wait for the sons are disrupted by noise. But if the noise to pass. Either way. the mood money is available. Richfield would Hamiel said the airlines agreed to set is lost. the students distracted. Rich- want to use it, he said. aside the $500,000 for the schools as ter must start again. part of noise - reduction negotiations earlier this year. The school, at 5625 23rd Av. S., was Airports Commissioner Burton Jo- built in what is now one of the busi- 5eph toured Wenonah with Wagenius He estimated that five or six schools est flight paths of Minneapolis -St. and said, "It's my judgment that this should be insulated because of their Paul International Airport, and the is a program that will meet with a exposure to airplane noise. But the jet noise is unsettling to children in sympathetic response from the com- kindergarten through third grade. mission, and I think it's a worthwhile program," However, quiet could return to class- The estimated cost of insulating rooms at Wenonah and Centennial school is estimated 00, including air co a Elementary in Richfield by next year. g n- The Metropolitan Airports Commis- ditioning or a mechanical ventilation commission does not have the mon- sion will vote this month on spend- ey to do them, he said. ing $500,000 for noise insulation at to the two buildings next summer. The system permit keeping windows Hamiel was asked why the commis - commissioners are expected to ap- closed. sion has the money to do other capi- prove the expenditure, which will be tal improvement projects. He replied paid by airlines that use the airport. Done properly, the insulation will that it has money "for the capital eliminate noise intrusion, said Jeff programs we have been saving and But Rep. Jean Wagenius, DFL -Min- Hamiel, executive director of the Air- investing for, so that as time ap- neapolis, said, "One school in Min - ports Commission. The commission proaches to build a new parking neapolis is good, but its not suffi- and the Minnesota Department of structure or rehabilitate a runway, cient." She is pressing the commis- Transportation insulated St. Kevin the dollars we have been accumulat- sion to add others to the list. ing are available." Noise continued on page SB Wenonah Principal Charles (Dick) Hamiel said the commission is also Gustafson said he will welcome the seeking federal grants for insulating i nsulation. He wears earplugs when Q schools. grounds the children on the play- Nos Continued from page 1B Gustafson said the students are about School in Minneapolis against noise to begin a writing assignment to com- four or fire years ago with great suc- pose letters to Hal Greenwood, chair- cess. Hamiel said. November 30, 1987 MORRISON,NVALIJARVI To Whom It May Concern: ARCHITECTS 2189 FOURTH STREET Wm. H. Kroll Assoc. has been our acoustic consultant since WHITE BEAR LAKE. our office opened in 1967 as Eldon Morrison Architects. MINNESOTA 55110 Attached is a partial list of churches that Bill consulted on for us. We find that when we detail what Bill recommends, we have an acoustically correct building. We highly recommend him for acoustic consulting. If you have any questions, please call me at 426 -3287. Yours truly Eldon D. Morrison EDM:sml Enclosure RESUME OF CHURCH PROJECTS Projects with Bill Kroll Christ Memorial Lutheran Church 13501 County Road 15, Plymouth, MN New Education and Worship Facility $260,000 St. Paul Lutheran Church Highway 98, Wyoming, MW New Education and Worship Facility $200,000 University Lutheran Chapel & Student Center 1101 University Avenue SE~ Minneapolis , MN Remodeling $150,000, Rev. Roger Stoehr Shepherd of the Fields Lutheran Church Hugo, MN New Education and Worship Facility $150,000 Luther Hall - Lutheran Campus Ministries Center 1407 Cleveland Avenue, St. Paul, MN General Renovation $90,000, Rev. Warren Jorenby Our Redeemer Lutheran Church Webster, WI New Education and Worship Facility $150,000 Rev. Liebneau, 715-866-7600 White Bear Lake United Methodist Church -- White Bear Lake, MN Fellowship Hall Renovation $65 Spirit of Christ Lutheran Church Ham Lake MN New Sanctuary and Education Space (Mission Church) $330,000, Rev. John Schildwachter Christ the King Lutheran Church White Bear Lake, MN Sanctuary Addition and Narthex-Library Expansion $500,000, Rev. Bruce Boyce, 429-4828 , � Crossroad Evangelical Covenant Church Forest Lake, MN Sanctuary Addition with Sunday School Basement $615,000, Reb. Bob Atkins, 464-7456 Community Evangelical Covenant Church � Cottage Grove, MN New Sanctuary, Offices, and Education, approx $750,000 Rev. LeRoy Carlson, 459-7111, under construction � ` . � Linwood Covenant Curch � W+oming, MN Sanctuary and Education Building Phase I, $250,000 Rev. Eldon Johnson, 462-4800 Oakdale Community Church � West St. Paul" MN � Sanctuary Addition, $170,000 Chairman Jim Long, 297-0468, construction document Grace Methodist Church � Burnsville" MN � � Sanctuary and Education Expansion, $475,000 Rev. Dwight Haberman, 435-5696 under construction Pine Grove Bible Church 101st and France, Brooklyn Park, MN holding for financing � � -- � � ^ ^ ���N� National Council of Acoustical Consultants SEPTEMBER 1987 OF E•S 't S�O A g9 E i Newsletter William H. 0. Kroll and Associates wars founded in 1965 by Bill Kroll. Bi11, , A hil,: a University of Minnesota Insti- SPOTLIGHT FIRM tut- of Technology student, worked WILLIAM H. O. KROLL & ASSOCIATES part -time at the Honeywell Research Center and h; can working on acoustical problems th, rc. After graduation in 1958 with a five -year electrical engi- started singing) and using spectral tech - neering degree, he spent seven years niques, established that the sewa ^e one million volts in with a U.S. Steel subsidiary. While operating at nearly , plant was relatively innocent but did un- there he gradually switched wave- which harmonics up to the twenty- cover a clandestine car crushing lengths from sonar and telecommunica- fourth were present and none, neither operation. Lion ranges to those sensible to the hu- SPL or frequencies, stood still. Taking An interesting project now under - man ear. After achieving Senior Engi- an array of sound pressure readings on way is the design of a water fountain for neer status there, Bill left and founded the project perimeter and knowing the courtyard speech privacy purpezes. e consulting firm. geographic location of the potential William H. 0. Kroll and Associates William H. 0. Kroll and Associates sources, we set up matrix equations. has a long track record of work on been involved in some interesting Making use of topographic techniques churches, inside and outdoor perform projects over the years. Once in a South and robust iterative methods of analysis, ing spaces, civic centers, auditoria, American country, Bill was asked to we tried for an optimum solution of the broadcast studios, noise and vibration look at a noise problem and having none source emissions as a function of the pe- analysis with heavy experience in air - of the usual acoustical test apparatus at rimetermeasurements. Thesewereonly craft noise control. The Edith Macy hand, borrowed a good function genera- ply successful because of the extreme Center in New York and the State House dynamic ranges involved. Infrared tel- and Senate Chambers in Montgomery, for and loudspeaker from a radio repair emetering and laser reflectometry were Alabama are some noteworthy projects. shop and then, at the jobsite, using a used aso• The firm restricts itself to architec- local musician, swept the audio range by The firm once investigated com- tural acoustics, noise and vibration con - hand and the musician quickly identi- plaints about noise in a residential area, trol, including sound system design and fled the fundamental and harmonics allegedly from a metropolitan sewage specifications. Its international work is with relative amplitudes. treatment complex. We went into the extensive, being greatly aided by the Another satisfying project involved residential area with the survey truck principal's engineering level work in a suburban city hall room that had to one morning at 0300 (before the birds four languages. serve judge and jury by day at one end William H. O. Kroll is located at and city coucil meetings at night on the 5217 West Mill Road, Minnetonka, other end of the hall. There could b no MN 55345, (612) 934 -1300. soft wall surfaces, only the poured con- e crete walls that the architect insisted upon. Also, no electronic sound rein- forcement. It ended up with variously canted and skewed walls. The seating was made of wooden benches with a ck that flipped back and forth for day fight audiences. The most confounding noise project was done for a European firm involving hundreds of giant electrical compo- nents, capacitors, coils and transformers Winona Daily News — Saturday, April 25, 1987 — Page 3 The realwiffiewS inn theat sounds great By PATRICK McILHERAti actors. Leschke noted that while in Sharing the stage were Eric Ma- Winona Dail• News the old theater, actors had to be lenfant as Tybalt, Ulric Scott as fetched for their appearances from Mercutio. Jon M. Strauss as Benvo- A capacity crowd of 455 filled the a classroom a floor below, this thea- lio, G. Francis Patterson as Lord new Joseph Page Theatre at Saint ter has a waiting room across the Capulet, and Brother Paul Osten - Mary's College for the first night of hall. The stage is big, as is the seat- dorf as Lord Montague. The set, "Romeo and Juliet," the first play ing. More people saw Friday's per- dominated by an arched cloisters to be staged in the college's theater formance, he said, than could have and balcony, was designed by SMC complex. seen a play's whole run in the old theater professor Donald Peake, Opened earlier this spring for a theater. and the play was directed by Mi- musical performance in the recital "And the acoustics are fantas- chael Flanagan, hall, the $3.5 million building was tic," he said. The show will also run tonight also the site of a congratulatory Shakespeare's classic tale of ill- and Sunday, beginning at 8 p.m. champagne reception after Friday fated young lovers was an ideal Tickets at $2.50, $1.50 for students night's performance. While the choice for the first play in the new and seniors, may may be reserved building's official grand opening is hall, he said. Actors could shout by calling the college at 457 -1585. slated for next October, it was com- some lines and whisper others, and t plete enough for Friday's perform- be sure they could all be heard, he ance. said. "To come here — it was a joy," Doing the shouting and whisper - said a jubilant Dave Leschke, an ing was a large cast of about 40 stu- actor in the play. A veteran of a dents and staff. Playing as Romeo number of plays staged in the old and Juliet were Tom Clemens and theater on the third floor of Saint Margaret A. Hick, while Leschke Mary's Hall, Leschke said that and Margaret M. Hodapp, respec- while the old theater had character, tively, played Friar Laurence and the new one is far better for the the Nurse. actors — and for the audience. The theater is at the heart of the building, and features walls of stone, burgundy - colored cloth, and "acoustic boxes" high on the walls. The boxes look like box seats with drawn curtains, but they're there for the sake of the sound, said Brother Paul Grass, a college ad- ministrator who directed much of the construction. Grass noted that the stained -glass windows set in the walls of the thea- ter were taken from the old theater, as is glass used in some of the new building's lighting fixtures. And, he said, about the only thing left to be done in the new hall is install carpet on the aisles. The carpeting, like the rest of the interior, has been calculated for sound, said William Kroll, a Minne- apolis sound engineer who helped plan the theater. He said many meetings with architects helped produce a theater that he said should be as acoustically well -made as is possible. Members of the audience seemed to agree. Brenda Puck, a College of Saint Teresa student who sat to- ward the middle of the crowd, said she had no problem hearing, as did a number of people sitting in the back. No amplification was used. But the highest praise came from A n � z N 0 =& $ z X�a Zz Cc rm 0 3 ��� °�s No M Z &o ME Z,® own A � ® n n M C m� 111$ ; n Z ?C N � =r MCI MCI � 5 r� z vi CL rQi A S N I�1�`� d g �o - �rois Z go r to m THURSDAY THURSDAY MARCH MARCH 5 J CONTROLLING JOB COSTS Panelists: David A. Harris - Room #22, Loge Level, Superdome Building and Acoustic Design 2:45 PM -4:15 PM Consultants Presiding: Toledo, Ohio Daniel). McGlone, President T.J. McGlone Co., Inc. William H.O. Kroll Piscataway, New Jersey William H.O. Kroll & Associates Speaker: Minnetonka, Minnesota Stephen E. Wilders You're a wall and ceiling contractor, and this is your best Jackson- Wilders, Inc. chance all year to find out what is happening in the Carlsbad, California acoustical market in terms of code requirements, grid In this important session, a leading industry productivity changes, updated product lines, and future trends. This consultant will discuss areas contractors should monitor session, led by two widely- respected national acoustical closely if they want to increase their profits. experts, explores all of these issues and more. HIGH-TECH COMMUNICATION TOOLS PREFABRICATED EXTERIOR WALL ASSEMBLIES: Room #5, Loge Level, Superdome THE RECOMMENDED CHECKLIST 2:45 PM -4:15 PM Room #20, Loge Level, Superdome Presider: 2:45 PM-4:15 PM Richard M. Connor, President Presider /Panelist: Francis P. Connor & Son, Inc. A.E. "Gene" Erwin Nashua, New Hampshire Wall and Ceiling Consulting, Inc. Speaker: 3r Bowl Maryland p e, and ry w Stuart D. Crump Panelist: Creative Communications Bill Gargano, Jr. "' Vienna, Virginia "Bill" Gargano, Inc. Advances in modern electronics are assisting contractors Endicott, New York in ways never before thought possible. Discover the many In this technical session, AWCI's Technical Consultant, ways technology can help you run your company more along with a contractor, will lead a review of AWCI's new efficiently. Recommended Checklist for Prefabricated Exterior Wall SOUND CONTROL Assemblies, which deals with pre - erection movement and storage, hoisting, tollerances, and engineering. The Room #19, Loge Level, Superdome checklist, developed by AWCI Technical Committee "I 2:45 PM - 4:15 PM (Exterior Wall Assemblies), is of interest to anyone in- Presider: volved in exterior panelized skins. Chris J. Hawksley, President Drywall Acoustics, Inc. Louisville, Kentucky CITY OF BROOKLYN CENTER council Meeting Date 4-11 -e8 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPOINTING GERALD SPLINTER AS ALTERNATE TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL DEPT. HEAD'S APPROVAL: Personnel Coordinator Signature - titi MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached x ) The Northwest Hennepin Human Services Council (NWHHSC) has requested each representative city of its joint powers agreement to appoint an alternate member to serve on its board of directors (as required by the joint powers agreement). Some cities have a high absentee rate of its directors at board meetings, and in order to ensure a quorum at the meetings, each city is being asked to make sure an alternate is appointed and attends the meetings. Personnel Coordinator Geralyn Barone represents Brooklyn Center on the NWHHSC board of directors, and it is recommended that City Manager Gerald Splinter be appointed alternate director. RECOMMENDED COUNCIL ACTION: Approve the resolution appointing Gerald Splinter as alternate to the board of directors of the Northwest Hennepin Human Services Council Member introduced the following . resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING GERALD SPLINTER AS ALTERNATE TO THE BOARD OF DIRECTORS OF THE NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL WHEREAS, the City of Brooklyn Center entered into a joint and cooperative agreement with 13 other communities to form the Northwest Hennepin Human Services Council on December 8, 1975; and WHEREAS, as stated in Article 4, Section 3 of the joint and cooperative agreement of the Northwest Hennepin Human Services Council, Inc., members of the board of directors and alternates shall be appointed by the governing body of each party; and WHEREAS, an alternate director for the City of Brooklyn Center is needed to represent the City's director, Personnel Coordinator Geralyn Barone, in her absence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that City Manager Gerald Splinter be appointed to represent the City of Brooklyn Center as alternate on the board of directors of the Northwest Hennepin Human Services Council. Date 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. CITY OF BROOKLYN CENTER Council Meeting Date 4 -11 - 8e Agenda Item Number 7/ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Declaring Surplus Property DEPT. APPROVAL: C �t� - pa Administrative Aid Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached yes) The attached list of surplus property is being submitted for council approval. 1 recommend approval of the Resolution Declaring Surplus Property. 9� Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING SURPLUS PROPERTY BE IT RESOLVED by the City Council of the City of Brooklyn Center that the list of City property submitted by the City Clerk at the April 11, 1988, City Council meeting is hereby declared surplus property and is hereby authorized for public sale at the annual City auction to be held on April 30, 1988. Date 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. BIKES FOR AUCTION DESCRIPTION CASE NO. 101 Grey Huffy Sigma boys BMX 87- 00633 102 Blue Montgomery Wards girls 87 -00634 103 Black /Orange boys BMX 87 -00634 104 Chrome /Black dirt bike 87 -01042 105 Red girls 24" 87 -01282 106 Blue Columbia boys 10 -speed 87 -01835 107 Chrome /red ACS BMX 87 -02420 108 Gold Kent boys 10 -speed 87 -03763 109 Chrome Columbia BMX 87 -04546 110 Red Raleigh boys 10 -speed 87 -05111 111 Yellow Citoh boys 10 -speed 87 -05112 112 Purple Schwinn girls 87 -05895 113 Red Huffy boys 10 -speed 87 -05984 114 Chrome Columbia boys BMX 87 -06316 115 Red Huffy Challenger BMX 87 -06472 116 Maroon Huffy Bay Pointe 10 -speed 87 -06705 117 Red /White /Blue Ted Williams boys 87 -06726 118 Blue Schwinn boys 3 -speed 87 -06885 119 Orange Holiday boys 10 -speed 87 -08003 120 Red Schwinn girls 10 -speed 87 -08003 121 Maroon Sears Free Spirit 3 -speed 87 -08220 122 Blue 10 -speed 87 -08713 123 Grey K -Mart All Pro mens 10 -speed 87 -09093 4 Maroon Free Spirit girls 1 -speed 87 -09994 5 Red Rampar 10 -speed 87 -10287 126 Blue boys BMX JCF87 -10769 127 Green AMC girls 3 -speed 87 -11066 128 Blue Motobecane boys 10 -speed 87 -11070 129 Red Schwinn boys 10 -speed 87 -11075 130 Black Huffy Thunder BMX 87 -11383 131 Chrome Murray SX2 BMX 87 -11383 132 Red /Black Huffy Windsprint boys 12 -speed 87 -11454 133 Black Huffy boys 87 -11514 134 Chrome Columbia BMX Formula 16 87 -11551 135 Brown Schwinn boys 10 -speed 87 -11595 136 Red Schwinn mens Traveler III 10 -speed 87 -11737 137 Red /Tan All -Pro Prairie Flower girls 2 -speed 87- 12302 138 Green Vista girls 3 -speed 87- 12372 139 Black Huffy boys 10 -speed 87 -12488 140 Black boys BMX 87 -12498 141 Grey Huffy boys 87 -12634 142 Blue Huffy girls 10 -speed 87 -12698 143 Black Huffy Challenger 87 -12923 144 Blue Myata 12 -speed 87 -12979 145 Black Team Murray boys BMX 87 -13047 146 Grey Galaxy Trailblazer 87 -13324 147 Purple Randor girls 87 -13387 148 Red boys conventional 87 -13541 49 Red girls conventional 87 -13541 0 Blue Huffy Omni 10 -speed boys 87 -13693 1 Green Webco boys 10 -speed 87 -13815 152 Black Hot Wheels dirt bike 87 -14373 153 White Huffy women's 10 -speed 87 -14751 -2- NO. DESCRIPTION CASE NO. 4 Brown Schwinn mens 5 -speed 87 -14751 55 Chrome Diamond Back boys 87 -14805 156 Blue Huffy Premier 10 -speed 87 -14850 157 Maroon Columbia girls; 10 -speed 87 -15061 158 Black Huffy girls 10 -speed 87 -15061 159 Blue Huffy boys 87 -15146 160 Red Huffy Heat Wave boys 87 -15146 161 Blue Duff b - boys 10 -speed eed -15148 Y 8 Y P 7 162 Bronz Ross Ewopa 3, 3 -speed 87 -15150 163 Orange Huffy Olympia 10 -speed 87 -15193 164 Silver Chorry boys 10 -speed 87 -15286 165 Blue Kabuki mens 12 -speed 87 -15368 166 Black Holiday girls conventional 87 -15467 167 Silver Huffy boys 10 -speed 87 -15653 168 Purple AMF Roadmaster girls 87 -15853 169 Blue Schwinn boys 5 -speed 87 -15999 170 Red Huffy Olympic boys 87 -16000 171 Green Monark women's single speed 87 -16066 172 Red Steelmaster 10 -speed 87 -16151 173 Red Schwinn boys 10 -speed 87 -16197 174 Maroon Free Spirit boys 7.0 -speed 87 -16197 175 Purple Murray 10 -speed 87 -16423 176 Black /White Huffy 12 -speed 87 -16469 177 Red boys conventional 87 -16714 178 Red /White Magra boys 18 -speed 87 -16721 40 9 Blue Galaxy boys conventional 87 -16814 0 Silver Huffy boys 10 -speed 87 -16815 181 Red Raleigh 1 -speed 87 -17106 182 Blue Fuji 10 -speed 87 -17106 183 Chrome Murray boys conventional 87 -17165 184 Blue Shimano boys conventional 87 -17357 185 White girls 20" 87 -17506 186 White fluffy 626 87 -18044 187 Red boys BMX 87 -18228 188 Chrome Cyclepro boys 87 -18390 189 Red boys BMX 87 -18656 190 Black Team Murray boyx BMX 87 -18656 191 Black Huffy boys conventional 87 -18824 192 Black.Sears 3 -speed 87 -18829 193 Silver Huffy 10 -speed 87 -18886 194 Black boys 10 -speed 87 -18948 195 Brown Huffy boys 3 -speed 87 -19262 196 Blue Highlander 3 -speed 87 -19439 197 Primer Schwinn Standard 87 -19459 198 Blue Sears 10 -speed 87 -19459 199 Purple /White Rent scooter JCF87 -19729 200 Red Free Spirit girls 3 -speed 87 -20430 201 Orange Bridgestone Kabuki 10 -speed 87 -20478 202 White Huffy boys conventional 87 -20671 203 Blue Free Spirit boys 10 -speed 87 -20763 40 4 Blue Huffy 10 -speed 87 -21154 5 Red World Class boys 10 -speed 87 -21181 6 Black Murray girls 3 -speed 87 -21425 207 Black fluffy boys conventional 87 -22097 208 Grey Diamond Back boys conventional 87 -22106 -3- NO. DESCRIPTION CASE NO. 0 9 White Murray BMX 2 -speed 87 -19425 10 Red Roadmaster boys 10 -speed 87 -19146 211 Orange Sears boys 10 -speed 87 -19856 V EHICLES FOR AUi:TION D ESCRIPTION CASE NO. 301 77 AMC Pacer wagon, tan, LIC /880CDU 87 -19397 302 77 Buick 4 -dr Lesabre, LIC /ASP655 87 -18019 303 82 Olds 4 -dr Delta 88, brown 87 -2145' 304 86 Puch moped, black, LIC /MP83964 JCF87 -10578 305 Honda motorcycle, red, LIC /MN48975 JCF87 -12691 306 77 Fox I moped, brown, LIC /MP506821 JCF87 -14691 307 67 Ford pickup F -250, green /white, LIC /LOW932 87 -19346 30S G °_t Yaina .,__r.- b_..._ 2 7-03273 JJ% �iC� rr y �° ±_.E and `%a',� 8I ^1 10 M, _ " •_._ ti, �a n7 1 -5 1:055 PROPERTY OR P.UCTION NO. DESCRIPTI CASE NO. 401 Car Vacuum 85 -19417 402 Religious medal, rosary 85 -19417 403 Binoculars 85 -19417 404 Norelco Shaver 85 -19417 405 Gym Bag 85 -19417 406 Touch Phone 86 -10875 407 2 Pioneer speakers 86 -10875 408 Commodore 64 Keyboard 86 -108=5 409 Audiovox Power Booster 86 -10875 410 Equalizer 86 -10875 411 Omega Speaker 86 -10875 412 Realistic Transceiver 86 -10875 413 Kraco Cassette Player 86 -10875 414 Toyota Jet Equalizer 86 -10875 415 Panasonic Cassette Player 86 -10875 416 Sanyo Cassette Player 86 -10875 417 Jensen Cassette Player 86 -10875 418 Musical Car Phone 86 -10875 419 Spotlight 86 -10875 420 Audiovox Equalizer 86 -10875 421 Audiovox Equalizer 86 -10875 422 Blaupinkt Equalizer 86 -10875 423 2 Speakers 86: -10875 424 2 Pioneer Speakers J87 -00282 425 Filet Knife 85- 15225 426 Watch 81 -18278 427 Ring 82 -09324 428 Rings J81 -04827 429 Pyramid Fquilizer w /speakers 86 -01036 430 2 Speakers 86 -01036 431 8 Cassette Tapes 86 -01036 432 BevaC a Power Booster 86 -01036 433 Saki set 86 -05478 434 2 Speakers 86 -01036 435 Velcro Wallet 86 -05641 436 Knife in Sheath 85 -17642 437 Childrens VCR tapes none 438 Childrens VCR tapes none 439 Phildrens VCR tapes none 440 Childrens VCR tapes none 441 Childrens VCR tapes none 442, Incense sticks none 443 Duffle Bag 85 -06450 444 9 Cassette tapes 85 -12896 445 Gray Bag none 446 Black bag none 447 Blue bag none 448 Avon Cologne none 449 K -Mart radio none 450 Kodak camera none 451 Headphones 85 -12896 452 Headphones none 453 Basic grammar nook 86 -02953 454 Hydrogen Peroxide /Rubbing alcohol 86 -02752 NO. - -- DESCRIPTIO C ASF N O. 455 G + ?indshield Washer solution 86 -02752 456 Address book 86 -02753 457 Clock radio 86 -02753 458 Jogging suit 86- 03c_52 459 Frisbee none 460 Pocketknife 86 -03837 461 Pocketknife 86- 02149 462 Pocketknife none 463 Ladies wallet none 464 Knife in Sheath none 465 Ni-_e Tennis shoes 86 -03952 466 3 Poloroid film 86- 03952 467 Package targets 86 -03952 468 Cassette tape 86 -03952 469 Batteries 86 -03952 470 Gloves 86 -03952 471 'rTorelco replacement head 86 -03952 472 Playmate cooler none 473 Tittle Playmate cooler none 474 Thermos cooler 86 -08741 475 2 Cassette tapes J86- 09820 476 Black & Decker Feat 'N Strip 86 -09976 477 Car Seat 86 -09068 478 Larae American Flac_f 86 -14314 479 Bug Killer 86 -13355 480 Propane torch 86- -11412 481 Electronic Bun Killer 86 -10808 482 2 Pioneer speakers 86 -08830 483 Sparkomatic P1-1 /FM Radio 86 -08830 484 2 Pioneer Speakers 86- 08830; 485 Cassette Tape 86 -08830 486 Walnut speaker 86 -08830 487 Ford MI /FM Radio 86 -08830 488 Suede Jacket 86 -08830 489- Automatic Graphic Equalizer 86 -08830 490 Brown bowling bag and shoes 86 -04862 491 2 pr Levi jeans 86 -02966 492 2 Tank tops J86 -02643 493 Blue jump suit J86 -02643 494 4 Cassette tapes J85 -1 -9459 495 2 Address books 785- -19459 4 1 , 1 6 Ice Auger 86 -20543 497 Hy -Gain III CB Radio 86 -19599 498 Green Powlincx hall 86- 1_8107 499 Untra Therm heater for waterbed 86 -15055 500 Geneva. wristwatch 8F -20554 501 Fire Extinguisher model 5FIF- none 502 Fire Extinguisher model CPA - -10 none 503 Fire Fxtinguisher none 504 Fire Extingui_shPr model DIPA none 505 Pocketwatch none 506 Compass none 507 Watch /watchband none 508 ID Bracelet none 509 Commemorative coin none 510 Canadian silver dollar none 511 Vatch none -3- NO• DESCRIPTION CASF NO. 512 Pocketwatch none 513 Watch none 514 Costume jewelry none 515 Nippon Graphic Equalizer 86 -03818 516 Sony Walkman 86 -03818 517 Small white pillow 86 -03818 518 Necklace 86 -03818 519 Bevada Equalizer 86 -03818 520 Pink fuzzy dice 86 -03818 521 Skateboard J86 -13119 522 Sanyo AM /FP? radio J86 -11739 523 Paperbook- "Centennial" 86 -13427 524 Coca Cola jeans J86 -14666 525 Union Bay sweater J86 -14666 526 Fire brand shirt J86 -14666 527 BeeWear shirt J86 -14666 528 Hyp -E shirt J86 -14666 529 Fabe sweater J86 -14666 530 Espirit pants J86 -15395 531 Liz Clairborne sweater J86 -15395 532 [earner bra J86 -15395 533 Black pants J86 -14549 534 Calvin Klein pants J86 -14549 535 Calvin Klein pants J86 -14549 536 Blue Coke shirt J86 -14549 537 Red Coke shirt J86 -14549 538 Red Coke shirt J86 -14549 539 Red Coke shirt J86 -14549 540 Gray Wool mens top coat J86 -16772 541 Cray Wool mens top coat J86 -16772 542 Gray Wool mens top coat J86 -16772 543 Jensen Cassette car radio 86- 14697 544 Metal filing hox 86-13384 545 Ashtray 87 -03683 546 Assorted collector coins 87 -09681 547 Bicycle parts J87- 1.7896 548 Bowling ball 87 -19912 549 Bevada Equalizer 87- 19364 550 Ring 87- 14529 551 Hallmark mug 87 -13279 552 10 Cassette tapes 87 -13246 553 Speaker 87 -12465 554 2 Kraco Speakers 87 -12465 555 Pulsating Sprinkler 87 -11979 556 Filet knife 87 -11556 557 Necklace 87 -11147 558 Panasonic Walkman tape player J87 -14901 559 Panasonic Walkman tape player J87 -14901 560 Mini Mag Light 87 -03158 561 Unique Jumpsuit 87- 01 562 Mini Mag Light 87- 00842 563 Fiberglass Canoe 87 -19806 564 2 pc black and white outfit J86 -05402 565 White shirt J86 -05402 566 Teddy J86 -05402 567 White Pants J86 -05402 -4- NO. DESCP.IPTION CASE NO. 568 Jeans J86 -05402 569 White jumpsuit J86- 05402 570 White Jumpsuit J86 -05402 571 Nylons J86 -05402 572 Red shirt J86 -05402 573 White Shirt J86 -05402 572 Black and G7hite Top J86 -05402 573 White shoes J86 -05402 574 Baby oil J86 -05402 575 Loving Care J86 -05402 576 Pink pants J86 -05402 577 Blue and Black pants J86 -05402 578 White shirt J86 -05402 579 2 pc blue and white outfit J86 -05402 580 2 pc blue and white outfit J86 -05402 581 Pr dice J86 - 05402 582 Package briefs J86 -05402 583 2 Containers Antifreeze J86 - 05402 584 Mercedes Hood ornament J87 -00622 585 Porsche Hood ornament and 944 Insigna J87 -00622 586 Hood ornaments J87 -00622 587 Hood ornaments J87 -00622 588 Hood ornaments J87 - 0062.2 589 Hood Ornaments J87 -00622 590 Hood Ornaments J87 -00622 . 591 Hood Ornaments J87 -00622 592 Hood Ornaments J87 -00622 593 Hood Ornaments J87 -00622 594 Yenwood cassette stereo J87 -12404 595 Marantz Equalizer J87 -12404 596 Uniden CB radio J87 -12404 597 Beveda power booster J87 -12404 598 Beveda speakers J87 -12404 599 Pioneer speakers` J87 -12404 600 Sony speakers J87 -12404 601 Sony AM /FM stereo J87 -12404 602 Sony AM /FM stereo J87 -12404 603 Cobra 20 Plus CB radio J87 -12404 604 Mitsubishi Amplifier J87 -12404 605 Mutsubishi P.M /FM stereo J87 -12404 606 Yaesu transceiver J87 -12404 607 Clarion power booster J87 -12404 608 Majestic Equalizer J87 -12404 609 Panasonic Radio 87 -05793 610 Binoculars 87 -05793 611 Blue sleeping bag 87- -0793 No. ITEM DESCRIPTION F.A. NO. 0 Orange stack chair 702 Orange stack chair 703 Scale 704 Window shades and hardware 705 Direct computer terminal 10289 706 Green secretarial chair V. 105 707 1968 Howard #350 Rototiller (D4132644) 708 Brown guest chair 709 Bogen Challenger solid state amplifier 710 Microfich reader 2820 711 3M background music systems with 3 tapes 712 Brown table with chrome legs 2898 713 IBM Correcting Selectric Typewriter with 5 elements 2780 714 Doro 702 Dictator 1554 715 1/2 horsepower air compressor 716 1/2 horsepower air compressor 717 Bost Romi Viking T -Bar seat 718 Dayton push mower 719 Holiday push mower 720 Snapper push mower 721 K -Mart push mower 722 K -Mart push mower 723 Holiday push mower 724 IBM Correcting Selectric Typewriter with 5 elements 1476 725 Kotex machine 14" x 30" Advance carpet shampoo cleaner 1022 Blue waste basket 22" x 30" 728 Blue waste basket 22" x 30 729 Red waste basket 22" x 30" 730 Orange stack chair 731 Orange stack chair 732 Orange stack chair 733 Orange stack chair 734 Computer labels - 2 boxes 735 Ringbinder and inserts 736 Metal index file 737 Metal business card file 738 Kodak Instamatic camera 739 Doro 701 Dictating Machine 1465 740 Keystone Everflash 20 camera 741 Polaroid 350 camera 257 742 Sylvania flash bars - 3 743 Sylvania flash cubes - 1 pkg. 744 Brown metal desk 745 Green metal guest chair 746 Orange guest chair 191 747 Orange guest chair 2789 748 Brown desk chair with arms 749 Orange garbage can 750 Brown desk chair with arms 10336 7 45 p Green metal desk chair with arms 464 7 Green metal chair with arms 2950 ITEM DESCRIPTION F.A. NO. 76 NEC Spinwriter 7710 and 2 print thimbles 2893 754 Hamilton Drafting Table 279 755 Microwest terminal and keyboard 10282 756 Microwest terminal and ketyboard 2912 757 Addo -X adding machine model P14 310 758 17 trays 759 7 flood lights 760 2 plastic syringes 761 Dryer 762 Print washer 1231 763 Time light 764 Universal color head 1225 765 Red Safe light 1227 766 Red Safe light 1226 767 Red Safe light 768 Photo Lab Chemicals 769 Yellow clips 770 Light bulbs - assorted 771 Glass mirror 772 Cutter /measuring board 1224 773 Gray light extension arm 774 Photo paper box - black plastic 775 Enlarging easel 776 Proof sheet printer - 2 7 # Brumberger 2711 7 2 boxes miscellaneous photo equipiment 7 Gray bookcase 489 780 Gray bookcase 472 781 Wood plan cabinet 782 Brown 2 drawer lateral file 10161 783 Typewriter table brown 784 Sears adding machine 785 Boston pencil sharpener 786 Comex Pagetronic 30B and 2 phones 743 787 Box of plastic cup holders 788 Box of pressboard files 789 Box of Christmas lights 790 Movie Screen 791 Towel dispenser 792 Gray 5 drawer file 793 Green 5 drawer file 794 Sears Craftsman Wet & Dry Vac 795 Single pedestal gray desk 923 796 Brown stack chair 797 Brown stack chair 798 Avacado guest chair 2957 799 Avacado guest chair 2963 800 Brown desk chair with wood arms 801 Brown desk chair with wood arms 802 Gray 5 drawer file 8 Gray 5 drawer file 8 Gray flat file ITEM DESCRIPTION F.A. NO. Wood display cabinet 806 Rolling stand - wood with formica top 807 Plan rack 808 Federal light bar - Twin -Sonic - Red dome 809 Federal light bar - Twin -Sonic - Clear dome 810 Post light bart mount 811 Dodge D -700 door handle 812 Briggs and Stratton gas tank 813 Briggs and Stratton gas tank 814 Tec- Larson fuel tank 815 Sears air compressor - 3/4 Hp model 106.152480 816 File card cabinet 817 Furnace ignition 818 Husler muffler - twin cylinder - Kohler 819 Cab file and storage box 820 Bogen Challenger Amplifier 821 Stat light bar - yellow dome 822 Federal light bar with rotating beacon 823 70 ampere Chrysler alternator 824 70 ampere Chrysler alternator 825 Wisconsin engine hand crank 826 Wisconsin engine hand crank 827 Wisconsin engine hand crank 828 Tires 3.50 4:00 x 4 - go cart 8 Oil bath air cleaner - tractor 1975 Chevrolet wing window and window regulator 8 1975 Chevrolet wing window and window regulator 832 230/460 1 Hp motor 833 230/460 1 Hp motor 834 1975 Chevrolet C -50 left hand door window 835 Gas pump sealed motor - Westinghouse - 3/4 Hp 836 Shop air tank 837 Hot patch tire /tube iron 838 Box of spotlights 839 Roto beam NAPA 488 2 bulbs 840 Federal roto beams model 14 - 2 bulbs 841 Federal roto beams model 14 - 2 bulbs 842 Bogen Amplifier model K130 843 Tractor PTO shaft 844 Roto beam light with no dome 845 Drawer full of miscellaneous parts 846 Drawer full of miscellaneous parts 847 Drawer full of miscellaneous parts 848 Drawer full of miscellaneous parts 849 Drawer full of miscellaneous parts 850 Drawer full of miscellaneous parts 851 Drawer full of miscellaneous parts 852 Box with jars of small screws and nuts 853 Traverse rod - 12' long 854 Traverse rod - 4' long 8 Drapes - 12' x 9' long 8 Drapes - 4' x 9' long No. ITEM DESCRIPTION F.A. NO. Window Shades and brackets 858 8 ballot boxes 859 Blue garbage can 860 Blue garbage can 861 Dwyer refrigerator 862 Electric range and cupboard unit 863 Hanging cabinets 864 Fanny Roller CITY OF BROOKLYN CENTER council Meeting Date 4 -11 -88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Resolution Declaring Earle Brown Days as a Civic Event DEPT. APPROVAL: .- i LA Q Program Supervisor Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) The actual dates for the Earle Brown Days celebration are June 22 26, 1988. We are asking that the dates be extended from May 7, 1988, through September 1, 1988, to include the carnival (May 27 - June 7). This would also allow extra dates for the rescheduling of events that were canceled due to inclement weather. Also, by declaring Earle Brown Days a civic event, the fee for administrative land use permits can be waived. Recommendation Motion to approve the Resolution Declaring Earle Brown Days as a Civic Event. q Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING EARLE BROWN DAYS AS A CIVIC EVENT FROM MAY 27 THROUGH SEPTEMBER 1 WHEREAS, the purpose of Earle Brown Days is to promote the City of Brooklyn Center, its people and amenities; and WHEREAS, residents, the City community civic groups, and businesses participate in the annual civic celebration to demonstrate the vitality of the City of Brooklyn Center; and WHEREAS, in order for Earle Brown Days, Inc. to schedule certain events requiring City- issued administrative land use permits, it is necessary for Earle Brown Days to be declared a civic event. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Earle Brown Days are declared a civic event from May 27, 1988, through September 1, 1988. Date 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. CITY OF BROOKLYN CENTER council Meeting Date 4 -11 -88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Supporting the Twin Cities Bid to Host the 1996 Summer Olympics DEPT. APPROVAL: paids P= / I Administrative Ai t e d Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) The Mayors of Minneapolis and St. Paul have asked area municipalities for their general support to the concept of hosting the 1996 Summer Olympic Games. Attached is a resolution stating the City's support of this concept. �h Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION SUPPORTING THE TWIN CITIES BID TO HOST THE 1996 SUMMER OLYMPICS WHEREAS, the Secretary General of the United States Olympic Committee has initiated an inquiry to determine whether the cities of Minneapolis -St. Paul are interested in hosting the 1996 Summer Olympics; and WHEREAS, Minneapolis and St. Paul will jointly host the 1990 U.S. Olympic Festival which could result in an estimated economic benefit of $25 million to the host region and would prepare the host region to bid for other national and international athletic events as well; and WHEREAS, the Board of the 1990 Twin Cities Olympic Festival, working with the cities of Minneapolis and St. Paul, has launched a broad -based campaign to strengthen our bid and win designation as the United States city to compete internationally to host the games of the 1996 Summer Olympic Games; and WHEREAS, the Minneapolis -St. Paul metro area enjoys a temperate summer climate well- suited to international athletic competitions and now possesses numerous excellent athletic facilities suitable as Olympic venues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the efforts of Minneapolis and St. Paul to host the 1996 Summer Olympic Games are enthusiastically supported.. Date 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. � l CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the llth day of April , 1988, at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 29 regarding filing for municipal office. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 29 REGARDING FILING FOR MUNICIPAL OFFICE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 29 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 29 -401 FILING FOR MUNICIPAL OFFICE. At least [eighteen (18)] twenty 20 weeks before the regular election the city clerk shall cause to be published in the official newspaper a notice of filing for municipal office. The notice of filing shall designate the officer to be elected, the period during which affidavits of candidacy may be filed, and the time and place for filing such affidavits. Not more than [sixteen (16)] eighteen (18) weeks nor less than [fourteen (14)] sixteen (16) weeks before the regular municipal election any person who is eligible and desires to become a candidate for a municipal office shall file an affidavit of candidacy with the city clerk. The affidavit shall be substantially the same form as required of candidates for state offices. Upon payment of a $5 filing fee to the city clerk, the clerk shall place the name of the candidate on the official ballot without partisan designation. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988. Mayor ATTEST: City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) MD CITY OF BROOKLYN CENTER Notice \s hereby given that a public hearing will be held on the 25th day of Apr , 1988, at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 regarding the issuance of nonintoxicating liquor li enses for municipal facilities and events. Auxiliary a'ds for handicapped persons are available upon request at least 96 hours in adv nce. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDIN CE AMENDING CHAPTER 11 OF THE CITY ORDINANCES REGARDING THE ISSUANCE NONINTOXICATING LIQUOR LICENSES FOR MUNICIPAL FACILITIES AND EVENTS THE CITY COUNCIL OF THE ITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Broo lyn Center Code Section 11 -102, Subd. 2 is amended to read as follows: Subdivision 2. "0 Sale" licenses may be granted only to bona fide clubs, bowling establishments, estaurants and hotels where food is prepared and served for consumption on the emises or to the City of Brooklyn Center for municipal facilities and events "On- sale" licenses shall permit the sale of beer for consumption on the premis only. Section 2. Brooklyn Cente Code Section 11 -102, Subd. 4 is amended to read as follows: Subdivision 4. "Temporary on ale" licenses may be granted to clubs, charitable, religious or nonprofit orga izations or to the City of Brooklyn Center for municipal facilities and event only. "Temporary on- sale" licenses shall be subject to any special terms an conditions as the City Council may prescribe. Section 3. This ordinance shall be effective after adoption and thirty (30) days following its legal publicatio . Mayor ATTEST: City Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER council Meeting Date 4 -11 -88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 13 Relating to Parks and Recreation DEPT. HEAD'S APPROVAL: Personnel Coordinator Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X At its March 15, 1988, meeting, the park and recreation commission recommended an ordinance amending chapter 13 of the City ordinances relating to parks and recreation. A summary of the changes are as follows: 1 0 1 . Exempting persons walking, jogging, bicycling, or operating a wheelchair on the City - improved trailway system from the park curfew of 10 p.m. to 6 a.m. 2. Housekeeping changes — changing "director of parks and recreation" to "director of recreation to be consistent with the City's authorized position. 3. Allowing the director of recreation to permit posting of signs and handbills in City parks when written permission is given. 4. Allowing the director of recreation to permit camping in City parks when written permission is given. S. Allowing the use of portable grills in parks. 6. Eliminating exceptions to the use of glass beverage containers in parks. 7. Housekeeping change to the penalties section. RECOMMENDED CITY COUNCIL ACTION: Approve for a first reading and set a public hearing for an ordinance amending chapter 13 of the City ordinances relating to parks and recreation. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1988, at p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 13 regarding parks and recreation. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 RELATING TO PARKS AND RECREATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 13 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 13 -102 CURFEW AUTHORIZED. No person, unless engaged in official City business or walking, Jogging, or operating a wheelchair on the City- improved trailway system shall enter upon or use any park and recreation facilities of the City of Brooklyn Center, including all park and open space property, improved or not, and all equipment and facilities thereon, between the hours of 10 p.m. and 6 a.m. when such parks and open space or facilities are posted by sign noting the curfew hours; provided, however, that such posting shall be by order of the city council. The fact that any person not walking, bicycling or operating a wheelchair on the City- improved trailway system or not engaged in official City business as authorized or delegated by the city manager [may be] is present in a posted park and open space during said curfew hours shall be prima facie evidence that said person is there unlawfully. Section 13 -103 ALCOHOLIC BEVERAGES PROHIBITED. No person shall bring into any park nor possess, display, consume or use intoxicating liquors nor nonintoxicating malt liquors in any park unless a permit has been issued by the director of [parks and] recreation. Such permits shall be limited to duly organized local organizations operating under a constitution and bylaws and which shall have been in existence for at least one year. Section 13 -107 SELLING PROHIBITED. No person shall sell any article whatever in any City park or open space unless specifically authorized by the director of [parks and] recreation. Section 13 -108 POSTING OF SIGNS AND HANDBILLS PROHIBITED. No person shall paste nor affix nor inscribe any handbill or poster or sign on any structure or property in any City park or open space without the written Permission of the director of recreation Section 13 -109 FIREWORKS PROHIBITED. No person shall discharge fireworks within the City parks and open spaces without the written permission of the director of [parks and] recreation and the fire chief. ORDINANCE N0, Section 13 -110 CAMPING PROHIBITED. No person shall camp nor set up tents, shacks, trailers or any other temporary shelter for the purpose of camping in any City park or open space without the written permission of the director of recreation Section 13 -113 FIRES TO BE CONTROLLED. No person shall ignite a fire in any park or open space except in places provided for such purposes or in portable grills Persons igniting a fire in a provided lace shall g g [ p place] all completely extinguish such fire prior to departing from the park or open space. Section 13 -115 GLASS BEVERAGE CONTAINERS PROHIBITED. No person shall bring a glass beverage container into any park and open space or the waters in or contiguous thereto, nor use, possess or deposit the same therein, including deposit in a trash container [except under permit issued by the director of parks and recreation under section 13 -103 hereof]. Section 13 -117 PENALTIES. Any person violating [the] any provision[s] of this ordinance, upon conviction thereof, shall be punished by a fine not to exceed seven hundred dollars ($700) or by imprisonment not to exceed ninety (90) days, or both, together with the costs of prosecution. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1988. Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) Park and Recreation Commission' agreed to by the commission." Commissioner Skeels noted th original intent of the bylaws was to allow members to spew publicly by giving the position of the commission. Commissioner Propst suggested the proposed language may be too restrictive, There was a motion by Commissioner Peterson and seconded by Commissioner Skeels to recommend to the city council an amendment to article VII of the advisory commission bylaws as suggested by Commissioner Burnes. The motion passed unanimously. The Recording Secretary said this item will appear on the November 9, 1987, city council agenda. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS Chairman Sorenson said he feels the ordinance related to beer and alcohol in the parks is too restrictive. The Director of Recreation said he feels there are no problems now and the ordinance is working well. Chairman Sorenson said because there have been a few abuses, everyone should not be restricted. He pointed out a problem with the current ordinance, which says the director of parks and recreation issues permits, when in fact there is no longer a director of parks and recreation. Commissioner Propst asked who the permits are issued to now, and the Director of Recreation said civic groups which meet certain qualifications are eligible to obtain permits. Commissioner Propst said there should not be alcohol in the parks because it is not a good environment for a park. He feels no one should be able to get a Peit and would be happy if the police enforced the ordinance as it currently exists. Commissioner Peterson said he does not feel it is practical to have a family obtain a permit to have beer in the park. He said he cannot see why there should be a requirement except for organized groups. Commissioner Propst said there can be problems with beer in the parks. Chairman Sorenson said he would like others besides civic groups to be able to get permits, and he would go along with a compromise of issuing permits to some groups. Commissioner Skeels wondered if the current ordinance is loosened, under what basis could the City stop someone from obtaining a permit; he feels it would be an administrative nightmare for the recreation department to administer this. The Director of Recreation said someone would have to be hired just to handle all the issuance of permits. Commissioner Skeels said he would not have a problem with prohibiting alcohol in the parks altogether with no permits issued. Commissioner Skeels also suggested if the police department is involved in monitoring and controlling certain events, a permit for alcohol may be acceptable. Chairman Sorenson said he prefers the process to allow groups to obtain permits. Commissioner Propst said he sees problems with this because it would be chaos. He prefers to limit access of beer to situations where licenses have been issued and the events are controlled by the police. 10 -27 -87 _2_ tl Park and Recreation Commission Commissioner Burnes asked if a permit system were expanded, what increased liabilities would the City have. Councilmember Hawes said there would definitely be increased liability for the City. The Director of Recreation said the City may have to pay more for its insurance premiums. Commissioner Burnes said personally he would like to see beer in the parks but limit the permits to perhaps one a year for each applicant. The Director of Recreation said there may be problems associated with this because individual members of a softball team could take turns obtaining a permit. Commissioner Peterson said it is tradition to have beer after softball games, but Commissioner Skeels said this does not occur in Brooklyn Center anymore. The Director of Recreation pointed out that plain clothes officers have been checking softball games, and ball players do get kicked out of the league if caught drinking. Commissioner Burnes said if a group is not causing a ruckus, the police department would not bother them even if people were drinking. Commissioner Skeels said over the past few years, most softball players will go to someone's house to drink beer after a game rather than drink in the park. Commissioner Peterson asked what the policy is in Minneapolis, and the Director of Recreation said its permit system is a little more liberal than Brooklyn Center's. Councilmember Hawes pointed out the liability insurance issue is a problem that did not exist years ago. Commissioner Propst said he would feel comfortable if alcohol were prohibited completely from the parks. Commissioner Peterson noted people can find other places to drink beer if they really want to do so. Councilmember Hawes said if beer is allowed in the parks, it will not be the only alcoholic beverage consumed and people will go beyond what is allowed by ordinance. Chairman Sorenson disagreed with this statement. Councilmember Hawes said he feels the ordinance is super the way it is and does not think people have to drink beer in parks. Chairman Sorenson reviewed the memorandum which discussed the opinions of people who were around at the time the ordinance passed, and he said he would like to see the permit system expanded to allow individuals to drink beer in the parks. Councilmember Hawes reviewed the situation of the time when the ordinance was first passed, and Chairman Sorenson said that was a different time period when there were no controls. After further discussion, Chairman Sorenson suggested this section of the ordinance be tabled for further discussion at the next meeting. With regard to section 13 -107 of the ordinance, Chairman Sorenson suggested changing the "director of parks and recreation" to some other title because the position no longer exists. There was a motion by Commissioner Skeels and seconded by Commissioner Peterson to change the "director of parks and recreation" to the "director of recreation" in section 13 -107. The motion passed. 10 -27 -87 -3- Park and Recreation Commission With regard to section 13 -108, Chairman Sorenson asked if the park and recreation department posts any signs. The Director 0 A Recreation said the department does not; the flyers are distributed by hand. Commissioner Skeels asked what open space refers to, and Chairman Sorenson said the island on Twin Lake and the area around Palmer Lake is considered open space. There was a motion by Commissioner Burnes and seconded by Commissioner Peterson to add the following phrase to the end of section 13 -108: " . . . without the written permission of the director of recreation." The motion passed. There was a motion by Commissioner Skeels and seconded by Commissioner Burnes to change the "director of parks and recreation" to the "director of recreation" in 13 -109. The motion passed. With regard to section 13 -110, Chairman Sorenson asked if there are any programs in the parks where camping is done, and the Director of Recreation said the only time would be when the swimming meet is held here in the summer. There was a motion by Commissioner Propst and seconded by Commissioner Burnes to add the following statement to the end of section 13 -110: If without the written permission of the director of recreation." The motion passed. With regard to section 13 -111, Chairman Sorenson asked what the concern is over allowing golfing in the parks, and the Director of Recreation said if allowed, there would be a problem with the grass getting torn and ripped. Commissioner Propst asked if there is any place for such activity in the City that could be set aside, and Chairman Sorenson pointed out the new golf course will be a great practice area. RECESS There was a motion by Commissioner Skeels and seconded by Commissioner Peterson to recess the Park and Recreation Commission meeting at 8:31 P.M. The motion passed. The commission reconvened at 8:36 p.m. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS CONTINUED The commission discussed section 13 -113 regarding control of fires. Chairman Sorenson said the ordinance does prohibit bringing in grills, and Councilmember Hawes said this may need clarification. Chairman Sorenson pointed out that if grills are allowed, a place is needed to dispose of charcoal. The Director of Recreation said there are very few permanent grills in the parks. Councilmember Hawes expressed concern about dumping hot coals in the parks. The Director of Recreation suggested allowing grills only if the hot coals are properly disposed, and Chairman Sorenson said this would be difficult to monitor. Commissioner Skeels asked if there would be any feasible way to provide a place for the coals to be disposed, and Commissioner Peterson said although this may be Possible, it may not be practical. Commissioner Burnes said people may throw garbage in with the coals and create a hazard. 10 -27 -87 -4- Park and Recreation Commission Commissioner Propst said he wants to allow people to picnic in the park, but would like to leave the ordinance as it is because of the problems associated with the coals. Councilmember Hawes suggested the grills either be permitted or prohibited. There was a motion.. by Commissioner Peterson and seconded by Commissioner Skeels to change the wording of section 13 -113 to read as follows "No person shall ignite a fire in any park or open space except in places provided for such purposes or in portable grills. Persons igniting a fire shall completely extinguish such fire prior to departing from the park or open space." The motion passed. with regard to section 13 -115, Chairman Sorenson said if glass beverage containers are banned in the park, then beer bottles should also be prohibited. There was a motion by Commissioner Skeels and seconded by Commissioner Propst to delete the following section from section 13 -115: It . except under permit issued by the Director of Parks and Recreation under section 13 -103 hereof." The motion passed. In reviewing section 13 -117, Commissioner Propst asked where people would be imprisoned if they violate this ordinance, and the Director of Recreation said most likely it would be the Hennepin County workhouse. There was discussion by the commission of the penalties. There was a motion by Commissioner Propst and seconded by Commissioner Peterson to change section 13 -117 from " . any person violating the provisions . . . It to " any person violating any provision . . . " The motion passed. With regard to se - g coon 13 102, Chairman Sorenson noted that softball games go on past 10 p.m., and the Director of Recreation said these are considered to be official City business. Commissioner Burnes said because joggers may be on the trails before 6 a.m., the commission may want to change the park hours in the ordinance from to p.m. - 6 a.m. to 11 p.m. - 5 a.m. There was some discussion on the curfew and possible amendments to the ordinance. Commissioner Propst suggested changing the language to allow any recreational activity as authorized by the City Manager, and Chairman Sorenson said this may be too broad. Commissioner Peterson asked how the existing ordinance is working so far, and the Director of Recreation said there have been no problems. Chairman Sorenson suggested this section as well as section 13 -103 be further discussed at the next commission meeting. The Recording Secretary will prepare a draft ordinance amendment including the changes suggested this evening to be further reviewed at the next meeting. OTHER BUSINESS The Recording secretary said the City Manager, Director of Recreation, and a representative of the Little League met to discuss the problems associated with Lions Park and the Little League field. The Recording Secretary said the proposal is to restrict the ages of those using the baseball fields and to 10 -27 -87 -5- Park and Recreation Commission MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION NOVEMBER 17, 1987 CITY HALL CALL TO ORDER Chairman Sorenson called the meeting to order at 7:30 p.m. ROLL CALL Chairman Sorenson, Commissioners Burnes, Manson, and Krefting. Also present were Councilmember Bill Hawes, Director of Recreation Arnie Mavis, and Recording Secretary Geralyn Barone. Commissioners Peterson, Skeels, and Propst were excused from this evening's meeting. APPROVAL OF MINUTES - OCTOBER 27 1987 Chairman Sorenson tabled the approval of the minutes of the October 27, 1987, park and recreation commission meeting to the next meeting. RESOLUTION /BYLAWS The recording secretary said the city council is in the process of reviewing the proposed amendment to the advisory commission bylaws recommended by the park and recreation commission. The city council will be considering a resolution approving the park and recreation commission's recommendation. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS Chairman Sorenson said a complete recommendation will not be made to the city council regarding changes to the ordinance until more commissioners are present at a meeting. The recording secretary reviewed discussions she had with the city attorney and the police chief regarding curfew in the parks. Chairman Sorenson noted he feels there are problems with enforcement of the ordinance, and the director of recreation said he feels the ordinance is working fine as it is and the curfew is serving its purpose. In addition, the City does not have enough resources to catch every violator. Chairman Sorenson said he does not want to be subject to violating the law and asked what is so magic about the hours of 10 P.M. and 6 a.m. for a curfew. The director of recreation said traditionally, these are the average hours of the onset of darkness and daylight. He said historically, problems in the parks have been between the hours of 10 p.m. and 6 a.m. Chairman Sorenson said 6 a.m. seems unrealistic. Commissioner Krefting said he works nights and is one of the few people who is using the trail system after curfew to walk his dog. Chairman Sorenson said he feels there is arbitrary and capricious enforcement of the laws. 11 -17 -87 _1_ Park and Recreation Commission Councilmember Hawes asked what the related law in the city of Minneapolis is, and the director of recreation said it is about the same as Brooklyn Center's ordinance. Chairman Sorenson suggested a curfew law is not needed because if other laws are being violated, the person could be prosecuted on these rather than the curfew violation. The director of recreation pointed out that sometimes there is potential for problems and there may not be any violations other than the curfew violation. Chairman Sorenson pointed out this is a problem with our society and people are continuously ignoring the laws. Councilmember Hawes asked Chairman Sorenson what hours he would suggest for curfew. Chairman Sorenson said there should be a way to accommodate joggers and those on the second shift out walking late. He is not sure how to do this but feels 10 p.m. to 6 a.m. is unrealistic. He suggested it may be possible to exempt trailways from the curfew. Councilmember Hawes suggested the neighbors living around the parks would have a problem with people using the parks after curfew. Chairman Sorenson said if everyone cannot be accommodated, perhaps the trails in the parks could be exempted from curfew. The director of recreation asked what would happen with Evergreen Park. Councilmember Hawes asked Commissioner Manson how he would feel about the use of parks after curfew. Commissioner Manson said he does not live close enough to know if it would bother him. There was discussion on what property belongs to Evergreen School and that which belongs to Evergreen Park. Chairman Sorenson said the answer may be to do things differently in different parks. The director of recreation suggested the neighbors living around all the parks should be consulted if a change is to be made. Commissioner Krefting said the ordinance should recognize there are many people working various shifts who want to use the parks. Councilmember Hawes said he is certain there are many legitimate people wanting to use the parks, but there are the spoilers who are hurting it for others; therefore, he is reluctant to change the current ordinance. The director of recreation said no matter which way you go, someone will be hurt and he feels more comfortable with the existing system. Chairman Sorenson raised objection to this, and suggested exempting Central Park and the trailway system from the curfew. Councilmember Hawes said people who live along the trailway system would be upset by this. The commission discussed further the off -hours use of the parks and park programs. Chairman Sorenson asked the director of recreation to provide information on which parks have blacktopped trailways through them. Councilmember Hawes said he is reluctant to make exemptions on trailways because of the neighbors. Commissioner Burnes asked if there is a curfew for juveniles, and the director of recreation responded affirmatively, noting 18 to 20 year olds are the ones causing the problems. Commissioner Burnes suggested the juvenile curfew be extended to older ages and then eliminate the park curfew altogether. ti 11 -17 -87 _2_ Park and Recreation Commission Councilmember Hawes said another area of concern is related to residents of the Bill Kelly House using the parks. He said if people have mental problems to begin with and are loitering in the park, not necessarily causing problems, he would have concern about this if the curfew is changed. He said perhaps the ordinance needs changing, but the commission should be very careful about any changes it makes. The commission proceeded to discuss other laws that are easily broken and difficult to enforce, such as smoking by minors and traffic violations. Chairman Sorenson asked the commission to think of some ideas which would accommodate people yet keep control over the situation, and these ideas will be discussed at the next commission meeting. Commissioner Krefting asked if residents of the Bill Kelly House have their own curfew, and Councilmember Hawes responded affirmatively, noting there is only one person to supervise 23 people. Commissioner Burnes asked what problems the residents there have, and Councilmember Hawes said they are mentally ill with some residents who are also dealing with chemical dependency. The commission discussed the Brookdale Ten Apartments and problems associated with them. Chairman Sorenson tabled further discussion regarding the curfew in the parks to the next commission meeting. Councilmember Hawes said commissioners should formulate ideas -for the next meeting to discuss and make a decision on it. He suggested it may be helpful to have e a ublic hearing ing to air some of the views. Commissioner Burnes said meetings could be held in each park service area to obtain input from residents. The director of recreation said this is a good idea, but he is concerned that not many people would attend the meetings. Chairman Sorenson proceeded to discuss the portion of the parks ordinance related to alcohol in the parks. He noted he wants to accommodate more people, in addition to civic organizations, and he wants to allow private groups to consume alcohol in the parks. He pointed out this may create administrative problems. There was discussion on the problems associated with the suggestion of issuing permits to softball teams for consuming alcohol in the parks. Commissioner Burnes said personally, he likes to drink beer, but the liability of the City and associated problems causes him to prefer the ordinance the way it is. Councilmember Hawes pointed out the curfew ties in with this. The director of recreation pointed out it is nicer to umpire softball games if beer is not allowed. Chairman Sorenson said this topic has already been discussed quite well and will be further reviewed at the next meeting. The commission proceeded to discuss other changes suggested at the last commission meeting. The director of recreation said he likes the idea of permitting grills in the parks. Commissioner Krefting asked what constitutes a portable grill, because he has seen people use 55 gallon drums as grills. The director of recreation said it depends on the size of the group. 11 -17 -87 -3- Park and Recreation Commission Councilmember Hawes said he does not have a problem with something this size if it is properly removed. Chairman Sorenson said this will be reviewed further for a final recommendation at the next commission meeting. MM FACILITY NEEDS The director of recreation reported on the activities sponsored by the park and recreation department in 1987 and proceeded to review the report in detail. He reviewed each of the activities and responded to questions about the specific activities. Chairman Sorenson asked what sort of facility would be needed to further meet the programming needs, and the director of recreation said something like a fieldhouse with a running track and basketball courts is desirable. Councilmember Hawes asked if there will be facilities available at the Earle Brown farm. The director of recreation said the recreation department hopes to have its annual bazaar there and also use the hippodrome for Entertainment in the Parks activities. Councilmember Hawes asked if there is a location for the City to develop some sort of facility, and the director of recreation said there is an area across from Evergreen Park that has potential for this use. Chairman Sorenson asked the director of recreation to prepare a proposal on the uses of a new facility, including documentation and justification of it. The director of recreation said he will proceed to work on this. Councilmember Hawes pointed out that cost should be a consideration. The director of recreation said in time, there may be revenues available from the golf course. Commissioner Peterson entered the meeting at 8:54 p.m. Chairman Sorenson asked if user fees would be charged at a new facility, and the director of recreation said there would be some fees charged. He added with such a facility available, some of the local schools may be, made more available to neighborhood group activities. Chairman Sorenson said people would be willing to pay a small fee for the use of a facility. Commissioner Manson asked if a fieldhouse would include an ice rink. The director of recreation said it would not, especially since there are facilities already located in this area. Councilmember Hawes noted this could be added at a later date if necessary. The director of recreation said the city of Brooklyn Park has an ice rink and we would have to compete with them. There was discussion on the ice arena and swimming pool facilities in the metropolitan area. Commissioner Krefting asked if there was a request to flood a skating rink at Freeway Park last year, and the director of recreation responded affirmatively. COMMISSION PLAN OF ACTION Chairman Sorenson tabled discussion of this item to the next commission meeting. 11 -17 -87 -4- Park and Recreation Commission Commissioner Skeels said the article in the bylaws appears to be contradictory. Mayor Nyquist said he does not understand what the big problem is. Upon vote being taken on the amended motion to reaffirm the recommendation and include language that says the provision does not prevent any member from speaking for or on behalf of himself or herself, the motion passed with Commissioner Peterson voting against it. Mayor Nyquist pointed out in the letter from the city attorney the word "standard" should be "statement." TRAILWAYS The director of recreation said he had received a request to have the trail system plowed in the winter months. There was discussion of the problems associated with plowing, including costs, liability, and the problem of wind blowing over the plowed trailways. Mayor Nyquist said he agreed that there is a liability concern if the trail system is plowed. Commissioner Peterson asked if Minneapolis plows its trails, and the director of recreation responded affirmatively. Councilmember Hawes asked if the City has the same liability if someone falls on a sidewalk that has been plowed by the City. Mayor Nyquist responded affirmatively, but said there is a question of reasonableness which would apply. The director of recreation told the commissioners they may receive phone calls from people requesting the trailways be plowed. Commissioner Propst asked if the trailways are not plowed, is the City liable. Mayor Nyquist said if the trailways are not technically open, then people proceed at their own risk. Chairman Sorenson requested the director of recreation to prepare for the next meeting an estimate outlining the cost of winter maintenance of the trailways. The director of recreation said there may have to be a choice of maintaining the skating rinks or plowing the trailways, because there may not be enough resources to do both. Commissioner Propst requested a legal opinion be obtained to determine what the City , s liability is if a trailway is not plowed. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS Chairman Sorenson asked if there was any interest in changing section 13 -103 of the ordinance, and there was none. The commissioner proceeded to discuss section 13 -102 regarding the curfew in the parks. Chairman Sorenson said with the 6 a.m. curfew, there are violators of the curfew during the summer months. There was discussion over what would be acceptable hours to change the curfew. Commissioner Propst said in reality, if someone is jogging through the park after curfew, the police Probably will not stop them unless there is trouble being 1 -26 -88 -3- Park and Recreation Commission created Chairman Sorenson said this advocates arbitrary and capricious enforcement of the law. Mayor Nyquist said if the curfew hours are posted, then enforcement should be made for everyone. The director ctor of recreation said it would be nice . to accommodate the joggers, but the City also wants to be able to handle those who are causing trouble. Commissioner Skeels noted at the time the ordinance was first passed, there were definite problems. He added there are other ordinances covering other violations and he does not think a curfew law is doing much for the City. Commissioner Burnes suggested eliminating the curfew for the trailwa Y s. The commission requested a legal opinion be obtained to prepare wording that would allow for use of the trailways and paths in the City to be utilized for jogging, bicycling, and walking with an exemption from the curfew. Further discussion of this will be deferred until the next meeting. . g The commission discussed section 13 -113 regarding use of grills in the parks. Commissioner Krefting said the ordinance does not say anything about disposal of coals. The director of recreation said it is not practical to have a spot to dispose of the coals. He said he has no knowledge of problems associated with this, but if there would be problems in the future, then the commission may consider making a change at that time. FACILITY NEEDS The director of recreation said the City is running out of gym space, and a multipurpose facility is needed which would include a running track, a couple of gyms, handball courts, and a meeting room. He said Brookdale is available for walking, although it is not the best place to do so. He said such a multipurpose facility could be open during the day and the evenings. Commissioner Peterson asked if this would be used on a fee basis, and the director of recreation responded affirmatively. The director of recreation said the availability of gym space in the schools is a problem, and he sees future problems with not being able to handle everyone who would like to use the facilities. Commissioner Propst said a committee could be formed to look at specific lannin P g for such a facility. The director of recreation noted the Hiway 100 Health Club cannot handle all of its demand and it is a very well -used facility. Mayor Nyquist said the use of the gym at the Hiway 100 Health Club is not high during the day, and the City might work with the club facility during the day. Co ncilmember Hawes said t there the warehouse space south of 69th Avenue North and north of Shingle Creek Parkway that is vacant and could possibly be utilized for activities. Chairman Sorenson requested the director of recreation to prepare a report on the needs for such a facility, - including a justification for it and what other locations are available in 1 -26 -88 -4- Park and Recreation Commission locations to be plowed as Northport Park, Lions Park near the pedestrian crossing to the bridge over T.H. 100, and Grandview Park near the pedestrian crossing to the bridge over T.H. 10o. The motion passed. Upon vote being taken on the amended motion, the motion passed. BICYCLE PATH PLAN (CONTINUED) The director of public works requested the park and recreation commission to review the proposed bike path plan; he would like to return to the commission at its May meeting to discuss this further. The commission agreed with this. RESOLUTION /BYLAWS The recording secretary reported the city council's action on February 8 1988. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS The commission reviewed the language recommended for Section 13- 102 regarding the use of the trailways after curfew. Commissioner Propst said he opposes the language allowing the walking, jogging, operating a wheelchair, or bicycling on-the City paths. There was a motion by Commissioner Peterson and seconded by Commissioner Skeels to accept Section 13 -102 as amended. The motion passed, with Commissioner Propst opposed. There was a motion by Commissioner Peterson and seconded by Commissioner Propst to accept Section 13 -103 as amended. The motion passed. There was a motion by Commissioner Skeels and seconded by Commissioner Propst to accept Sections 13 -107, 13 -108, 13 -109, and 13 -110 as amended. The motion passed. Chairman Sorenson referred to Section 13 -113 and said he does not know if the amendment needs changing; however, the commission may wish to address what to do with hot coals. The director of recreation noted most people will let the coals burn out before leaving their picnic site and others have dumped their coals elsewhere away from the park. Mayor Nyquist entered the meeting at this time. Commissioner Skeels said if problems arise from the ordinance as the commission is recommending, it can be changed at a future date if needed. There was a motion by Commissioner Skeels and seconded by Commissioner Propst to amend Sections 13 -113, 13 -115, and 13 -117 as amended. The motion passed. The recording secretary will 3 -15 -88 -3- Park and Recreation Commission prepare the ordinance amendment to be presented to the city council and will notify the commission members when the ordinance will appear on the city council agenda. FACILITY NEEDS The commission reviewed the memorandum from the director of recreation dated March 15, 1988, regarding gym use. There was a motion by Commissioner Peterson and seconded by Commissioner Skeels to recommend to the city council that a feasibility study be initiated to determine the need for a fieldhouse and senior center. After brief discussion on what types of things would be located in the facility, the motion passed. Commissioner Peterson suggested the study be started as soon as possible because the need is there. COMMISSION PLAN OF ACTION Chairman Sorenson suggested the commission devote its next meeting to this topic. Commissioner Skeels said he has been on the commission for several years and would like to know more about the way the park and recreation department functions. The director of recreation said he could have those employees directing programs attend the commission meetings and discuss what they do and what type of budget they have. ADJOURNMENT There was a motion by Commissioner Peterson and seconded by Commissioner Propst to adjourn the meeting. The motion passed. The Brooklyn Center park and recreation commission adjourned at 9:47 p.m. Chairman 3 -15 -88 -4- CITY OF BROOKLYN CENTER council Meeting Date 4 -11 -8e Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Recommendation from park and recreation commission to open a skating rink at Happy Hollow Park. DEPT. HEAD'S APPROVAL: Personnel Coordinator Signature - ti le MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X At its March 15, 1988, meeting, the Brooklyn Center park and recreation commission recommended to the city council that Happy Hollow Park have a skating rink opened without a warming house or attendant for the 1988 -89 winter season. (See the attached minutes.) The director of recreation reports that the skating rink at Lions Park will not be flooded next season because of low usage. As a result, there should not be any additional budget costs for opening a rink at Happy Hollow Park. RECOMMENDED COUNCIL ACTION: Approve the opening of a skating, rink at Happy Hollow Park without a warming house or attendant for the 1988 -89 winter season. B E ' I T I O N T 0 / B Rj 0 0 ! L Y lv C y N T E R B A B O A ;c D Gr WE THL UNDERSIC,'NED NEIGHBORS Iii THE VICINITY OF HAFFY HOLLOW FARK BETWEEN ABBOTT i ND ZENITH AVE. NO ., WISH TO f ETITIOId THE BAHK BO-i ,D TO 1 E i-EN THE W ARivIING HO USE AiND S.1_ TIN6 RINK AT LEST i0a T-iE �DNTHS OF DECE' AND JANUARY OR FART OF JAIvJAinY OF EVERY YEAR. WE WOULD EVEN CONSIDER JUST HAVING IT FLOODED AND CLEANED OFF IF IT ' SNOWS, IF FUNDS Ai-,E T00 SHORT TO HAVE THE WARMING HOUSE OlLNED; THOU(6 H WE'D PREFER TO HAVE IT IF FO SS IBLE . Lo �"�'( %jiL �! /, //�,•c. /JG_ /fvy2,.r "� � �J � / f�yv %L.1� c ( � ;:�N c( :.. i�S/r 1 r . �v c� "sue y/ t4 c�> Cv) (r� �1 +� T7 74 7j J f7 rY CL 10 7t 77- f- n 3-3 -- _ Tar, f `•. r� / r ` r• a.. J A l O AV _ a � 3 l;' _�• �� 33/ ��� /� i , � .�- I �., �� l � ,� � �� 1 ,� � i� ,,��. ��_ �- ,� 9 2� �r � �' �� `,. ,�._,� .�u�� ������ � `�� C�93� � � , �� � � . U� �, � � i � � ,��' � � , Gbrnr��ss i` o'n Q i2 -O lee C , 4, r Park and Recreation Commission the City at this time. The director of recreation said he will prepare this for the commission. Commissioner Propst said the City needs' outdoor handball courts in some of its parks. The director of _recreation said platform tennis is getting to be big. He added .:here could be more time available for swimming. Commissioner Krefting asked where a new facility would be built, and the director of recreation said the only large piece of land the City owns is near Evergreen Park. Commissioner Peterson asked where the commission should start with this, and Chairman Sorenson said the first step is a justification report prepared by the director of recreation. Commissioner Skeels said the report should contain looking at other alternatives, including existing facilities. He stressed the importance of looking for something that can be used in the interim between now and construction of a multipurpose facility. Mayor Nyquist pointed out there are churches in Brooklyn Center with gyms, and the City should Pursue the use of them. OTHER BUSINESS The director of recreation said a petition has been received by residents near the Happy Hollow Park area requesting a skating rink. He noted that based on the usage of the skating rinks at Lions Park and Riverdale Park, he would not be interested in opening another skating rink. Commissioner Propst asked how expensive it is to flood and clean off the ice and asked if volunteers can be used. The director of recreation said volunteers are not always very reliable. Chairman Sorenson said a skating rink is a high maintenance project. , There was a motion by Commissioner Propst and seconded by Commissioner Skeels to recommend opening the skating rink without a warming house at Happy,.Hollow Park for 1988 - 1989. Chairman Sorenson suggested a cost analysis be prepared first before making a decision on whether or not to open the rink. The director of recreation suggested the original petitioner may wish to come to the next park and recreation commission meeting to discuss this. Commissioner Propst withdrew his motion and Commissioner Skeels withdrew his second regarding the opening of Happy Hollow Park for a skating rink, and there were no objections to this. NEXT MEETING The recording secretary noted there is a public hearing regarding the Bill Kelly House scheduled for the same evening as the next regularly scheduled park and recreation commission meeting. After some discussion, there was a motion by Commissioner Peterson and seconded by Commissioner Propst to cancel the February 1988 park and recreation commission meeting. The motion passed. 1 -26 -88 -5- MINUTES OF THE PROCEEDINGS OF THE PARK AND RECREATION COMMISSION FOR THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 15, 1988 CENTERBROOK GOLF COURSE CALL TO ORDER Chairman Sorenson called the meeting to order at 7:30 p.m. ROLL CALL Chairman Sorenson, Commissioners Peterson, Propst, and Skeels. Also present were Director of Recreation Arnie Mavis, Director of Public Works Sy Knapp, and Recording Secretary Geralyn Barone. Commissioners Manson, Krefting, and Burnes were excused from this evening's meeting. APPROVAL OF MINUTES - JANUARY 26 1988 There was a motion by Commissioner Skeels and seconded by Commissioner Peterson to approve the minutes of the January 26, 1988 park and recreation commission meeting. The motion passed. REQUEST FOR SKATING RINK AT HAPPY HOLLOW PARK The director of recreation reviewed the costs involved for keeping a skating rink open with and without an attendant. A resident asked if Happy Hollow Park is the only park in Brooklyn Center without a skating rink. The director of recreation said there used to be 15 skating rinks and now there are only eight, noting cost was a consideration in closing some of them. In response to a question about when skating rinks. are flooded, the director of recreation said depending on the weather, the City attempts to open the rinks by December 15 and keep them open until President's Day. He pointed out the fact that outdoor skating attendance in eneral g is at a lower level than in previous ea p years. A resident o' anted out that she has as grandchildren who would like to use a skating rink in the neighborhood, and there are many new families in the area. Another resident said having a skating rink would be appealing. After discussion about the possibility of opening the skating rink, the residents agreed they would be happy to try the rink during the first year without a warming house. There was a motion by Commissioner Skeels and seconded by Commissioner Propst to recommend to the city council that Happy Hollow Park have a skating rink without a warming house and attendant for next winter on an experimental basis. The motion passed. BICYCLE .PATH ATH PLAN The director of public works said eight to ten months ago there was talk about preparing a bicycle path plan for the entire city. 3 -15 -88 -1- CITY OF BROOKLYN CENTER Council Meeting Date 4-11 -88 Agenda Item Number Z2 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Recommendation from park and recreation commission to plow trailways used as transportation routes. DEPT. HEAD'S APPROVAL: Personnel Coordinator Signature - titl MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) At its March 15, 1988, meeting, the Brooklyn Center park and recreation commission recommended to the city council that those trails in the City's trail system used as transportation routes be plowed. Specifically, these routes include the Northport Park trail, the trail at Lions Park leading to the • pedestrian bridge over T.H. 100, and the trail at Grandview Park leading to the pedestrian bridge over T.H. 100. Attached is a memo from the director of recreation outlining the estimated cost of maintaining the trails and a memo from the personnel coordinator discussing the City's liability if the trails are plowed. RECOMMENDED COUNCIL ACTION: Approve the plowing of trails at Northport Park, at Lions Park leading to the pedestrian bridge over T.H. 100, and at Grandview Park leading to the pedestrian bridge over T.H. 100. CITY OF BROOKLYN CENTER PARKS AND RECREATION 31 IR 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Telephone 561 -5448 awoirs cPAlw ►11.Y1 wMa 111C M a1r 10F MEMO TO Parks and Recreation Commission FROM Arnie Mavis DATE . March 14, 1988 SUBJECT: Estimated cost of maintaining the paths in the parks and on the trailway system For an average snowfall of 2' to 4", the cost of clearing the pathways, which total approximately 13 miles, would be approximately $700 per day. This breaks down to: labor - 2 men each, eight hours - $290; equipment - $360; miscellaneous - $50. This includes travel time from park to park. In the event that windy conditions exist after paths are cleared, this process would very likely have to be repeated. Once snow builds up on both sides of pathway, plows can no longer be used. We would then have to start clearing paths with a snowblower, which can be time consuming, perhaps as much as triple the time of labor and equipment. This method of clearing the pathways is much slower. These figures are for maintenance II rate. Also, let it be understood that the pathways would not be plowed until all sidewalks are cleared. Also, it is possible that sidewalk plowing could go on for more days after a snowfall depending on whether we get high winds or not. It might be possible to use parttime people to do this job. This would cut the labor cost at least in half but might take longer to do 'because of the inexperience of the operators in running the equipment. Also, getting qualified people to do this job may be a problem. MEMORANDUM TO: Brooklyn Center Park and Recreation Commission FROM: Geralyn R. Barone, Personnel Coordinator DATE: February 8, 1988 SUBJECT: Plowing of City Trailways At your request, I spoke with the city attorney regarding the City's liability for plowing or not plowing the trailway system. The city attorney said the City would more likely be sued for plowing the trails than for not plowing them. If the trails are maintained and the City is negligent in its maintenance of them, a successful suit might be brought against the City. On the other hand, if the trails are left alone, the City would not be responsible for a negligent act because no act has been committed. The City must decide between providing a service to the public and practicing good risk management. �I Park and Recreation Commission Commissioner Skeels said the article in the bylaws appears to be contradictory. Mayor Nyquist said he does not understand what the big problem is. Upon vote being taken on the amended motion to reaffirm the recommendation and include language that says the provision does not prevent any member from speaking for or on behalf of himself or herself, the motion passed with Commissioner Peterson voting against it. Mayor Nyquist pointed out in the letter from the city attorney the word "standard" should be "statement." TRAILWAYS The director of recreation said he had received a request to have the trail system plowed in the winter months. There was discussion of the problems associated with plowing, including costs, liability, and the problem of wind blowing over the plowed trailways. Mayor Nyquist said he agreed that there is a liability concern if the trail system is plowed. Commissioner Peterson asked if Minneapolis plows its trails, and the director of recreation responded affirmatively. Councilmember Hawes asked if the City has the same liability if someone falls on a sidewalk that has been plowed by the City. Mayor Nyquist responded affirmatively, but said there is a question of reasonableness which would apply. The director of recreation told the commissioners they may receive phone calls from people requesting the trailways be plowed. Commissioner Propst asked if the trailways are not plowed, is the City liable. Mayor Nyquist said if the trailways are not technically open, then people proceed at their own risk. Chairman Sorenson requested the director of recreation to prepare for the next meeting an estimate outlining the cost of winter maintenance of the trailways. The director of recreation said there may have to be a choice of maintaining the skating rinks or Plowing the trailways, because there may not be enough resources to do both. Commissioner Propst requested a legal opinion be obtained to determine what the City's liability is if a trailway is not plowed. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS Chairman Sorenson asked if there was any interest in changing section 13 -103 of the ordinance, and there was none. The commissioner proceeded to discuss section 13 -102 regarding the curfew in the parks. Chairman Sorenson said with the 6 a.m. curfew, there are violators of the curfew during the summer months. There was discussion over what would be acceptable hours to change the curfew. Commissioner Propst said in reality, if someone is jogging through the park after curfew, the police probably will not stop them unless there is trouble being 1 -26 -88 -3- Park and Recreation Commission He said an administrative committee composed of the city manager, police chief, and director of public works looked at what paths are existing and what the needs are. He said normally, one can assume bikes can use the regular street system, but where there are higher levels of traffic, the City should look at improving the roadway or designating pathways for pedestrians and bicyclists. He proceeded to review the existing trailway system and reviewed other elements of the trailway system that the City has a definite commitment to at this time based on planned projects. The director of public works suggested there would be two types of systems, including a separate off - street system parallel to the roadway and an on- street trail system using existing streets but designating bicycle lanes with painted lines. The director of public works then proceeded to review other suggested routes throughout the city. Commissioner Skeels asked what the anticipated date of completion of the entire proposal is, and the director of public works said the entire project could possibly be completed within ten years. The director of public works discussed specific areas of concern to the commission, including the area around Twin Lake, north of 57th Avenue North, and the area north of 69th and Brooklyn Boulevard. He distributed maps to the commissioners which show the proposed bicycle paths and sidewalks. RECESS The park and recreation commission recessed at 8:45 p.m. and reconvened at 8:54 p.m. PLOWING OF CITY TRAILWAYS The director of recreation reviewed the estimated costs of maintaining the paths in the arks and nd on the trailway system. The commission discussed the costs and which areas should be plowed. The director of public works pointed out that if a substantial number of trails are plowed, the City would have to look at purchasing another machine to handle the demand. Chairman Sorenson recognized Art Mead, 3825 56th Avenue North, who said he lives near Northport Park and because of the snow, easy access to Brookdale is lost during the winter months because the path in the park is not plowed. Commissioner Propst pointed out the same thing happens in his neighborhood for people trying to access Brookdale. There was a motion by Commissioner Peterson and seconded by Commissioner ,Skeels to recommend to the city council that portions of the trailway system being used for transportation be lowed P first and recreational trails be lowed a s a last priority. P t There was a motion by Commissioner Propst and seconded by Commissioner Peterson to amend the motion to specify the 3 -15 -88 -2- Park and Recreation Commission locations to be plowed as Northport Park, Lions Park near the pedestrian crossing to the bridge over T.H. 100, and Grandview Park near the pedestrian crossing to the bridge over T.H. 100. The motion passed. Upon vote being taken on the amended motion, the motion passed. BICYCLE PATH PLAN (CONTINUED) The director of public works requested the park and recreation commission to review the proposed bike path plan; he would like to return to the commission at its May meeting to discuss this further. The commission agreed with this. RESOLUTION /BYLAWS The recording secretary reported the city council's action on February 8, 1988. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS The commission reviewed the language recommended for Section 13- 102 regarding the use of the trailways after curfew. Commissioner Propst said he opposes the language allowing the walking, jogging, operating a wheelchair, or bicycling on the City paths. There was a motion by Commissioner Peterson and seconded by Commissioner Skeels to accept Section 13 -102 as amended. The motion passed, with Commissioner Propst opposed. There was a motion by Commissioner Peterson and seconded by Commissioner Propst to accept Section 13 -103 as amended. The motion passed. There was a motion by Commissioner Skeels and seconded by Commissioner Propst to accept Sections 13 -107, 13 -108, 13 -109, and 13 -110 as amended. The motion passed. Chairman Sorenson referred to Section 13 -113 and said he does not know if the amendment needs changing; however, the commission may wish to address what to do with hot coals. The director of recreation noted most people will let the coals burn out before leaving their picnic site and others have dumped their coals elsewhere away from the park. Mayor Nyquist entered the meeting at this time. Commissioner Skeels said if problems arise from the ordinance as the commission is recommending, it can be changed at a future date if needed. There was a motion by Commissioner Skeels and seconded by Commissioner Propst to amend Sections 13 -113, 13 -115, and 13 -117 as amended. The motion passed. The recording secretary will 3 -15 -88 -3- CITY OF BROOKLYN CENTER council Meeting Date 4 -11 -88 Agenda Item Number f l G REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: Recommendation from park and recreation commission to initiate a feasibility study for a senior center and athletic facility /program center. DEPT. APPROVAL: -- 40mk o ucl Personnel Coordinator Signature -'title ************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) At its March 15, 1988, meeting, the Brooklyn Center park and recreation commission recommended to the city council that a feasibility study for a senior center and athletic facility /program center be initiated as soon as possible. Attached is a memo from the director of recreation regarding the need for additional gymnasium space. RECOMMENDED COUNCIL ACTION: Direct staff to prepare a cost estimate for a feasibility study of a senior center and athletic facility /program center. CITY 6301 SHINGLE CREEK PARKWAY OF B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE 561 -5440 C ENTER EMERGENCY - POLICE - FIRE 911 MEMO TO: Park and Recreation Commission FROM Arnie Mavis DATE March 15, 1988 SUBJECT: Gym use At the present time, the Brooklyn Center Parks and Recreation Department utilizes the gyms at all of the elementary schools (Northport, Evergreen, Earle Brown, Orchard Lane, Garden City, Willow Lane, Palmer Lake, and Fair Oaks), the junior highs (North View and Brooklyn Jr), and the high schools (Park Center and Brooklyn Center). The cooperation we receive from the community education departments coordinating these facilities is just super. They go out of their way to help us. Because schools are starting to program more activities, we are being bumped out of gym use more and more. (See attached report for greater detail). Some gyms are not appropriate for many of our adult activities. For example, at the elementary schools many of the ceilings are too low to play volleyball. The balls get stuck in the beams or lights. We find ourselves competing with each other for prime time gym space. For example, Kathy would like to offer exercise classes at North View, but we are already running basketball and women's and mixed volleyball on the evenings she would like to offer classes. Because of limited space, we cannot offer some programs more than one night a week. We would like to offer some children's programs, such as gynmastics, in the early evening. However space is not available. Neighborhood groups are also unable to use the gyms, because our department is using them every available hour. 7 o`er Cr%L 1%b kU- 1AfRKAM %� School gyms are never available during the daytime when school is in session. we could conduct many programs at this time if we had a place to run them. For example, a volleyball league could be -- offered for people who work second shift. Another example is exercise classes for people who only have time to participate during the day. This would also be a good time to run senior physical activities. Maybe a walking or running track would be a good idea. It could be used a great deal during the day, especially the fall and winter months. As far as using church gyms and other such facilities, the main problem seems to be insurance. Also, churches are programming their facilities to a greater extent. At the present time, the use of church and other facilities does not seem to be feasible. UNAVAILABILITY OF GYMS FALL 1987 - SPRING 1988 Fitness Classes 79 Times (8 Schools) Volleyball (Mixed, Women's & Men's) 24 Times (5 Schools) After School Classes 8 Times (7 Schools) Dance & Gymnastic Classes 25 Times (7 Schools) Miscellaneous Programs 7 Times (4 Schools) (Square Dance, Ballroom Dance, Dog Obedience) Park and Recreation Commission used by the Park Center High School junior varsity team. Chairman Sorenson said the City should be able to find a way to Put a drinking fountain in a park that will work without problems. The Director of Recreation said certain parks get hit more than others with vandalism. Chairman Sorenson said it is annoying when a person is out using the bike paths, stops to get a drink of water, and the drinking fountain does not work. Commissioner Krefting asked if there were any complaints over the summer in the Twin Lake beach area. The Director of Recreation said there have not been because the geese have kept the people away from the park. Councilmember Hawes pointed out that in order to remove the geese from the lake area, the City will have to work with the cities of Crystal and Robbinsdale. REVIEW OF GENERAL ORDINANCES RELATED DIRECTLY TO PARKS The commission agreed that this item will be further discussed at the next meeting. The Recording Secretary will send the entire packet prepared and dated April 21, 1987, to the commissioners and will include Phil Cohen's memorandum. Councilmember Hawes asked if there have been problems with broken glass in the parks, and the Director of Recreation said this has been one of the best summers for lack of this problem. He added he has not heard any complaints about the prohibition of alcohol and said the broken glass at the softball diamond backstops is at a minimum this year. Commissioner Propst asked what the fine is for drinking in . the parks, and the Recording Secretary said the penalty can be up to $700. FACILITY NEEDS Chairman Sorenson said looking towards the future, the commission must discuss how it wants to approach discussion of facility needs. The Director of Recreation said if the City continues to have indoor winter activities such as volleyball, increasing demand will create a problem because the school space used now is less and less available. The City may want to look at having a gym or fieldhouse in the future for its activities. Chairman Sorenson asked if there was talk about closing Willow Lane or Garden City Schools, and the Director of Recreation said this is no longer being considered. Commissioner Propst asked if Robbinsdale High School is for sale and if it is feasible to purchase it. Commissioner Manson said it is too far away from the City and he is positive it is not for sale. The Director of Recreation agreed something is needed in Brooklyn Center. Commissioner Propst asked if there is any available site, and Chairman Sorenson asked about the availability of the Earle Brown Farm, especially the hippodrome. The Director of Recreation said this will be a multipurpose building used for trade shows, banquets, weddings, and so on. Councilmember Hawes said there are also barns, and a variety of uses have n them. Chairman Sorenson pointed out there are facility e needs 9 -15 -87 -4- Park and Recreation Commission around Brooklyn Center for things other than physical sports. Councilmember Hawes asked about the availability of the European Health Spa building, and the Director of Recreation pointed out the cost of this may be too high. Councilmember Hawes said the European Health Spa building would be a good spot for senior adults' activities. The Director of Recreation noted the pool is in pretty good shape. Commissioner Propst asked what kind of activities the City is interested in sponsoring. Chairman Sorenson said he is not sure. He said there will be golf in the summertime, but there is a question about what to do in the winter months. Commissioner Propst said the City of Minneapolis utilizes some park facilities during the winter months for purposes such as senior citizen activities. He added this might be one utilization for the golf course's clubhouse. Commissioner Burnes said in Brooklyn Park, all the parks have some sort of shelter, either open or enclosed. There was some discussion on doing this in Brooklyn Center. The Director of Recreation said the City has either a warming house or sheltered buildings in almost every park, although the City has cut back on the number of parks with skating rinks. However, adding shelters may be something to do in the future. Commissioner Burnes said his Jaycee chapter uses the parks in Brooklyn Park for meetings because there are meeting rooms available at the parks. He added he sees a lot of people using these facilities. Commissioner Krefting asked if Brookdale is still available for walking and running, and Councilmember Hawes said it is for walking only. The Director of Recreation said the City had considered using Evergreen School for similar activities, but the cost for staff and liability insurance would be too high. Chairman Sorenson asked the Director of Recreation to prepare a report on what the needs: are and what facilities are currently existing and being used. The Director of Recreation noted some of the new senior "apartments are including some of their own recreational facilities in the buildings; however, there are still quite a few inactive people in the community. Commissioner Propst asked if the facilities in these apartments are available to people who do not live there, and Councilmember Hawes said he did not think so. The Director of Recreation said the cities of Bloomington and Richfield have large senior citizen centers. L This item will be placed on the next agenda for further discussion. Also, the commission will discuss what it should work on in the next five years and also in the upcoming year. Commissioner Krefting said he would also like to talk about facilities for the handicapped. The Director of Recreation said about three years ago, the City conducted a study to ensure the parks are handicap accessible. He added the swimming pool is accessible and there are some special classes for the 4 9 -15 -87 -5- Park and Recreation Commission Councilmember Hawes said he does not have a problem with something this size if it is properly removed. Chairman Sorenson said this will be reviewed further for a final recommendation at the next commission meeting. FACILITY NEEDS The director of recreation reported on the activities sponsored by the park and recreation department in 1987 and proceeded to review the report in detail. He reviewed each of the activities and responded to questions about the specific activities. Chairman Sorenson asked what sort of facility would be needed to further meet the programming needs, and the director of recreation said something like a fieldhouse with a running track and basketball courts is desirable. Councilmember Hawes asked if there will be facilities available at the Earle Brown farm. The director of recreation said the recreation department hopes to have its annual bazaar there and also use the hippodrome for Entertainment in the Parks activities. Councilmember Hawes asked if there is a location for the City to develop some sort of facility, and the director of recreation said there is an area across from Evergreen Park that has potential for this use. Chairman Sorenson asked the director of recreation to prepare a proposal on the uses of a new facility, including documentation and justification of it. The director of recreation said he will proceed to work on this. Councilmember Hawes pointed out that cost should be a consideration. The director of recreation said in time, there may be revenues available from the golf course. Commissioner Peterson entered the meeting at 8:54 p.m. Chairman Sorenson asked if user fees would be charged at a new facility, and the director of recreation said there would be some fees charged. He added with such a facility available, some of the local schools may be made more available to neighborhood group activities. Chairman Sorenson said people would be willing to pay a small fee for the use of a facility. Commissioner Manson asked if a fieldhouse would include an ice rink. The director of recreation said it would not, especially since there are facilities already located in this area. Councilmember Hawes noted this could be added at a later date if necessary. The director of recreation said the city of Brooklyn Park has an ice rink and we would have to compete with them. There was discussion on the ice arena and swimming pool facilities in the metropolitan area. Commissioner Krefting asked if there was a request to flood a skating rink at Freeway Park last year, and the director of recreation responded affirmatively. COMMISSION PLAN OF ACTION Chairman Sorenson tabled discussion of this item to the next commission meeting. 11 -17 -87 -4- Park and Recreation Commission created. Chairman Sorenson said this advocates arbitrary and capricious enforcement of the law. Mayor Nyquist said if the curfew hours are posted, then enforcement should be made for everyone. The director of Y recreation said it would be n' _ ice to accommodate the joggers, but the City also wants to be able to handle those who are causing trouble. Commissioner Skeels noted at the time the ordinance was first passed, there were definite problems. He added there are other ordinances covering other violations and he does not think a curfew law is doing much for the City. Commissioner Burnes suggested eliminating the curfew for the trailways. The commission requested a legal opinion be obtained to prepare wording that would allow for use of the trailways and paths in the City to be utilized for jogging, bicycling, and walking with an exemption from the curfew. Further discussion of this will be deferred until the next meeting. The commission discussed section 13 -113 regarding use of grills in the parks. Commissioner Krefting said the ordinance does not say anything about disposal of coals. The director of recreation said it is not practical to have a spot to dispose of the coals. He said he has no knowledge of problems associated with this, but if there would be problems in the future, then the commission may consider making a change at that time. FACILITY NEEDS The director of recreation said the City is running out of gym space, and a multipurpose facility is needed which would include a running track, a couple of gyms, handball courts, and a meeting room. He said Brookdale is available for walking, although it is not the best place to do so. He said such a multipurpose facility could be open during the day and the evenings. Commissioner Peterson asked if this would be used on a fee basis, and the director of recreation responded affirmatively. The director of recreation said the availability of gym space in the schools is a problem, and he sees future problems with not being able to handle everyone who would like to use the facilities. Commissioner Propst said a committee could be formed to look at specific planning for such a facility. The director of recreation noted the Hiway 100 Health Club cannot handle all of its demand and it is a very well -used facility. Mayor Nyquist said the use of the gym at the Hiway 100 Health Club is not high during the day, and the City might work with the club to use the facility during the day. Councilmember Hawes said there is warehouse space south of 69th Avenue North and north of Shingle Creek Parkway that is vacant and could possibly be utilized for activities. Chairman Sorenson requested the director of recreation to prepare a report on the needs for such a facility, -including a justification for it and what other locations are available in 1 -26 -88 -4- Park and Recreation Commission the City at this time. The director of recreation said he will prepare this for the commission. Commissioner Propst said the City needs +outdoor handball courts in some of its parks. The director of recreation said platform tennis is getting to be big. He added :here could be more time available for swimming. Commissioner Krefting asked where a new facility would be built, and the director of recreation said the only large piece of land the City owns is near Evergreen Park. Commissioner Peterson asked where the commission should start with this, and Chairman Sorenson said the first step is a justification report prepared by the director of recreation. Commissioner Skeels said the report should contain looking at other alternatives, including existing facilities. He stressed the importance of looking for something that can be used in the interim between now and construction of a multipurpose facility. Mayor Nyquist pointed out there are churches in Brooklyn Center with gyms, and the City should pursue the use of them. OTHER BUSINESS The director of recreation said a petition has been received by residents near the Happy Hollow Park area requesting a skating rink. He noted that based on the usage of the skating rinks at Lions Park and Riverdale Park, he would not be interested in opening another skating rink. Commissioner Propst asked how expensive it is to flood and clean off the ice and asked if volunteers can be used. The director of recreation said volunteers are not always very reliable. Chairman Sorenson said a skating rink is a high maintenance project. There was a motion by Commissioner Propst and seconded by Commissioner Skeels to recommend opening the skating rink without a warming house at Happy. Hollow Park for 1988 - 1989. Chairman Sorenson suggested a cost analysis be prepared first before making a decision on whether or not to open the rink. The director of recreation suggested the original petitioner may wish to come to the next park and recreation commission meeting to discuss this. Commissioner Propst withdrew his motion and Commissioner Skeels withdrew his second regarding the opening of Happy Hollow Park for a skating rink, and there were no objections to this. NEXT MEETING The recording secretary noted there is a public hearing regarding the Bill Kelly House scheduled for the same evening as the next regularly scheduled park and recreation commission meeting. After some discussion, there was a motion by Commissioner Peterson and seconded by Commissioner Propst to cancel the February 1988 park and recreation commission meeting. The motion passed. 1 -26 -88 -5- Park and Recreation Commission prepare the ordinance amendment to be presented to the city council and will notify the commission members when the ordinance will appear on the city council agenda. Ewa FACILITY NEEDS The commission reviewed the memorandum from the director of recreation dated March 15, 1988, regarding gym use. There was a motion by Commissioner Peterson and seconded by Commissioner Skeels to recommend t y a o the city council th t a feasibility study be initiated to determine the need for a fieldhouse and senior center. After brief discussion on what types of things would be located in the facility, the motion P as Commissioner Peterson suggested the study be started as soon as possible because the need is there. COMMISSION PLAN OF ACTION Chairman Sorenson suggested the commission devote its next meeting to this topic. Commissioner Skeels said he has been on the commission for several years and would like to know more about the way the park and recreation department functions. The director of recreation said he could have those employees directing programs attend the commission meetings and discuss what they do and what type of budget they have. g ADJOURNMENT There was a motion by Commissioner Peterson and seconded by Commissioner Propst to adjourn the meeting. The motion passed. The Brooklyn Center park and recreation commission adjourned at 9:47 p.m. Chairman 3 -15 -88 -4- CITY OF BROOKLYN CENTER Council Meeting Date 4/11/88 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: DEVELOPMENT STRATEGIES AND OUR EXISTING ZONING ORDINANCE LIMITATIONS DEPT. HEAD' P VA Signature - ' le MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached X *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached _) Ron Warren, Brad Hoffman, and I have, over the last six months at various times, discussed some of the problems we have had with accommodating proposed developments, city council direction regarding those proposed developments and certain limitations of our existing zoning ordinance. In particular, . there have been a number of occasions when the special and conditional use sections of our zoning ordinance have proven inadequate and outdated given current development strategies. In our residential zoning districts, we have had problems with such facilities as the proposed Bill Kelly House, MTC Park and Ride facilities, and in industrial and commercial areas we have had problems with requested uses and expansion of such uses as day care centers into commercial and industrial areas. There has also been, over the last number of years, a tendency for mixed use developments which mix commercial and industrial and sometimes residential uses on the same property. Put all of these factors together, add into this equation the fact that Brooklyn Center has only a few very valuable pieces of open land available for development, and the apparent desire of the community to seek quality development on these remaining pieces of land, it is your staff's view that our current zoning ordinance has some major shortcomings in addressing modern development and redevelopment pressures. Over the last five to ten years, there appears to have been a shift or change in court interpretation of zoning law. Some years ago it use to be that a developer or applicant had to demonstrate that their proposal met the requirements for conditional and special uses in our zoning ordinances. Our recent experience has indicated that now the city has been more and more placed in a posture that it must prove that the proposed development does not meet the ordinance criteria. Our ordinances were never structured with that perspective in mind, and we believe the time has come to review certain sections of the ordinance to meet that new perspective. I would like to discuss with the city council their perspectives on this matter and see if you share the same perspective as your staff does. RECOMMENDATION If city council shares the staff perspective on this matter, it would be my recommendation that the city council, by motion, direct the staff to review our zoning ordinance, prepare recommended changes to our zoning ordinance and present a preliminary draft to the city council for referral to the planning commission as soon as possible. If the council takes this action we further recommend the council be prepared, should a special use, conditional use, zoning appeal, or rezoning, arise which puts the development goals of the community in jeopardy between now and when our ordinances can be considered for revision, to establish a moratorium until council has had an opportunity to review ordinance amendments. I believe a moratorium at this time is premature. However, I believe the council should be prepared to act should a situation arise between now and when you have had an opportunity to thoroughly consider amending our ordinances. • t tlitil c PA i n .tit) 1 221 Gerald Splinter Mgr. 6301 Shingle Creek Pkwy. BROOKLYN CENTER, MN 55430 League of Minnesota Cities CITIES BULLETIN u An update of state legislative, administrative, and congressional actions that affect cities fi { r Number 8 April 1, 1988 ' Including reviews of metropolitan area Issues by the Association of Metropolitan Municipalities League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101, (612) 227 -5600 WHERE TO GET LEGISLATIVE INFORMATION To get a copy of a bill, call, write, or stop in.... House Chief Clerk's Office 296 -2314 Rm. 211, State Capitol, St. Paul 55155 Secretary of Senate's Office - 296 -2343 Rm. 231, Stale Capitol, St . Paul 55155 To find out a bill's status, authors, companion, committee referral (by bill number, author, or topic).... . House Index - 296 -6646 Rm. 211, State Capitol, St. Paul 55155 Senate Index - 296 -2887 Rm. 231, State Capitol, St. Paul 55155 To receive weekly committee schedules, bill introductions, and summaries of committee and floor action, call to get on the mailing list .... House Information Office - 296 -2146 175 State Office Bldg., St. Paul 551.55 Senate Information Office - 296 -0504 Rm. 231, State Capitol, St. Paul 55155 To hear a recording of the following day's committee schedule and agenda, call after 4 :30 p.m.... "House Call" (House committee schedule) - 296 -9283 Senate Hotline (Senate committee schedule) - 296 -8088 To reach a member on the House or Senate floor.... House Sergeant at Arms - 296 -4860 Senate Page Desk - 296 -4159 To notify the governor's office of your concerns.... Governor Rudy Perpich 296 -3391 Rm. 130, State Capitol, St. Paul 55155 To contact League of Minnesota Cities legislative staff .... 227 -5600, 183 University Ave. E., St. Paul, MN 55101 -2526 Joel Jamnik (environment, personnel, public safety, general government) Laurie Hacking (LGA, taxes, finance) Stanley Peskar (pensions, personnel, public safety) Helen Schendel (elections) Donald Slater (development tools) Sarah Hackett (legislative assistant) Tom Fafinski (legislative assistant) Ann Higgins (federal legislation) Debra Nyberg (LINUS network) To contact AMM lobbyists.... 227 -4008 Vern Peterson, AMM Executive Director Roger Peterson, Director of Legislative Affairs The League is available to answer your questions on legislation relating to cities. RULE: All area codes are 612 The 1988 Legislative Bulletin, No. 1, February 12, contains House and Senate members, room and phone numbers, committee assignments, and committee chairmen and phone numbers. The League of Minnesota Cities publishes the Legislative Bulletin weekly during the Legislative session. Subscriptions: members -$15; non - members -$30. Contact: Rose Minke, League of Minnesota Cities, 183 University Ave. E., St. Paul, MN 55101. Donald Slater, Executive Director; Jean Mehle Goad, Editor. Contents Bulletin No. 8 April 1 1988 ** *ACTION ALERT * ** Transportation bill finally clears Senate; Leag urges support of House version ....................................................... ............................W -1 ** *ACTION ALERT * ** Age 62 normal retirement - -major extra employer- employee pension costs ....................W -4 ** *ACTION ALERT * ** Tax increment finance in trouble ................................................................... ............................W -7 Notable appropriations ..................................................................................... ............................W -1 Annual auto inspection bill passes Senate 47- 20 ...................................... ............................W -1 Co mparable worth action ................................................................................. ............................W -2 Bill require recycling space passes ........................................................... ............................W -3 C onference committees set to work out differences ................................. ............................W -3 Senate asses major overhaul P � e haul of property tax structure ........................ ............................W -8 O mnibus tax bill passes House on March 29 ............................................ ...........................W -12 Bill summary ....................................................................................................... ...........................W -16 ** *ACTION ALERT * ** House and community development budgets are discouraging ........... ............................... F -1 ** *ACTION ALERT * ** Letter of credit for wastewater treatment re volving loan program raises concern ....................................................... ............................... F -2 Re minder: Oil overcharge refund applications ........................................ ............................... F -1 Bill Status Report -- (colored sheets Key: * * * = Three -star Action Alert -- League Urges Immediate Action * = One -star Action Alert -- League Seeks Input W = Week in Review F = Federal Update B = Bill Status Report Week in Review W -1 NOTABLE APPROPRIATIONS S.F. 2565 (Merriam), the agriculture, transportation, and semi -state appropriations hill, includes several items of interest to cities, including: * Authorizing five new positions at the board of water and soil resources for assisting comprehensive local water planning efforts; and * Authorizing six new positions for the charitable gambling control board for increased enforcement. H.F. 2788 (G. Anderson), the House version of S.F. 2565, includes the following: * Authorizing one additional employee at the transportation regulation board; * Authorizing 10 new positions at the bureau of criminal apprehension for laboratory activity; * Providing $74,000 to the department of natural resources for oak wilt control; * Approving six positions for the charitable gambling board (same as the Senate); * Earmarking moneys raised by the House road funding package to particular transit programs, including $3.6 million for outstate transit and $14.2 million for metro tran- sit, including $4.5 million for light rail transit; and * Creating a heritage enterprise and heritage interpretive zone around the St. Anthony Falls area in Minneapolis, appropriating $50,000. ANNUAL AUTO INSPECTION BILL PASSES SENATE 47 -20 The Senate has approved a program requiring annual auto inspections starting in 1991 of the approximate 1.5 million registered vehicles in the metro area. (This would include all cars, pickup trucks, vans, and station wagons with manufacture dates after 1976). A fee not to exceed $10 per year (which raises $12 to $15 million annually) would finance the program initially. ** *ACTION ALERT * ** TRANSPORTATION BILL FINALLY CLEARS SENATE; LEAGUE URGES SUPPORT OF HOUSE VERSION By a 34 -31 vote, the full Senate on Tuesday night passed a transportation financing package. W -2 Week in Review The House and Senate versions are alike in one area. They both increase the gas tax by three cents a gallon. So, it is very likely that the state gas tax will rise to 20 cents effective l May 1. The major difference is how the two bodies would raise an additional $72 million (approximate) for transportation purposes. The House would raise the money at the expense of the general fund, by finally im- plementing the long - promised transfer of the motor vehicle excise tax (MVET) to the highway user fund. The Senate bill would raise an equivalent amount, but by drastically increasing the annual license renewal fees and lengthening the time the state would collect the fee. The Senate bill also would index the gasoline tax to automatically increase each year. The League supports the House version of the bill (H.F. 1749). Please contact your senator and urge acceptance of the House proposal. COMPARABLE WORTH ACTION The House had several committees examine the comparable worth issue early this week, with somewhat surprising results. On Monday morning, the House State Department Subcommittee of Appropriations met to consider H.F. 2250 (Jefferson). The House Government Operations Committee had amended that bill to require local governments to use a more expensive method of im- plementing comparable worth studies (sec. 15), as well as authorize the commissioner of the department of employee relations (DOER) to review local governments' studies and recommend changes (sec. 16). Before the House Local and Urban Affairs Committee amended that section, it authorized the commissioner to "direct" changes. The subcommittee, chaired by Representative Phyllis Kahn (DFL- Minneapolis) gave the bill a fair hearing and attempted to amend the section to clarify that the law requires equity, not a specific compensation level. Unfortunately, League and other local govern- ment lobbyists continued to be concerned by the language. On Tuesday, when the full Appropriations Committee met to consider the issue, Representative Phil Riveness (DFL- Bloomington) offered an amendment to delete sec - tions 15 and 16 of the bill, which carried by a large margin in a voice vote. The League cautions cities that though these sections appear unlikely to pass this session, there may be significant legislative support for limiting the use of large "corridors" which perpetuate pay disparities among similarly valued employee classes. There is also a per- ception amont some lawmakers that at least some local governments undertook sham studies or manipulated the studies in order to avoid salary adjustments. These issues are likely to be brought up next session and local governments should take steps to minimize the potential impact of this legislation. Week in Review W -3 Also on Tuesday, the House Taxes Committee voted 16 -7 to defeat H.F. 1859 (Rest), a bill which would impose strict levy limits on local governments which fail to complete and report their studies by October 1, 1988. The proposal would impose a five percent reduction in LGA on governments which have not implemented their plans by December 31, 1991. The League and other local government representatives were surprised by the committee action, since we have stuck by our negotiated commitment to not oppose H.F. 1859 con- tingent on the non - passage of other, more controversial, expensive, and unpredictable proposals. One explanation is that committee members, aware that H.F. 2250 was progressing through the House, took it upon themselves to teach certain advocates the wisdom of sticking to compromised agreements. On the Senate side: The Senate considered an amendment to the omnibus tax bill to attach to S.F. 1771 (Reichgott), the pay equity penalty bill. The Senate author felt this action was necessary because the House Taxes Committee voted down the House version and the omnibus tax bill was probably as the only vehicle remaining for passage. However, Senator Novak, the author of the amendment on the Senate floor, later withdrew his amendment after some urging from Senator Doug Johnson, author of the Senate tax bill. Thus, as of Wednesday evening, it now appears unlikely that any pay equity legislation will pass this session. However, at best we have been granted a one -year reprieve. Cities and counties must strive to comply with the 1984 comparable worth law or legislative penalties are inevitable. BILL TO REQUIRE RECYCLING SPACE PASSES Amendments to the Waste Management Act, H.F. 2031 (Nelson, D.) /S.F. 1891 (Merriam), include changing the state building code to require suitable storage space for the separation, collection, and temporary storage of recyclable materials within or ad- jacent to new or significantly remodeled structures that contain 1,000 square feet or more. The requirement would specifically exempt residential structures that have 12 or ' less dwelling units. CONFERENCE COMMITTEES SET TO WORK OUT DIFFERENCES By Wednesday at midnight, both the House and Senate had passed respective versions " of the usual tax and appropriations bills. There are some notable differences. The following table, prepared by the St. Paul Pioneer Press Dispatch indicates the major differences between the House and Senate proposals. W -4 Week in Review General Fund - -in millions for 1988 -89 Fiscal Year House Senate H.F. 2245 K -12 Education $ 29.0 $ 19.0 S.F. 2569 Higher Education 26.0 21.0 H.F. 2126 Human Services 27.0 24.5 H.F. 2344 State agencies 13.5 14.8 S.F. 2565 Semi -state agencies 2.4 2.7 H.F. 2590 Tax bill relief 76.5 38.6 H.F. 1749 Highway funding 71.5 71.5 $245.9 $192.1 Known conferees on major bills State Agencies Senate: Kroening, Merriam House: Kahn, G. Anderson Semi - states Senate: Langseth, Mehrkens, Wegscheid, Metzen, Purfeerst House: Rice, Lieder, Sarna, Kalis, Seaberg Human Services s Senate: Samuelson, Piper, Knutson, Freeman, Berglin House: Greenfield, Radosovich, Murphy, Riveness, R. Anderson Tax* Senate: Johnson, Novak, Stumpf, Brandl, Pogemiller House: Voss, Vanesek, Wynia, Long, Minne Highway Senate: Purfeerst, DeCramer, Stumpf, Lantry, Langseth House: Kalis, Jensen, Leider, D. Carlson, Seaberg *Possible conferees have not been appointed yet. ** *ACTION ALERT * ** AGE 62 NORMAL RETIREMENT MAJOR EXTRA EMPLOYER - EMPLOYEE PENSION COSTS On March 30, the Senate Finance Committee approved, and the full Senate passed, H.F. 1709 which contains a substantial benefit increase for most members of statewide pension programs including PERA. Week in Review W -5 H.F. 1709, when passed by the House, related to judges' retirement. The Senate Govern- ment Operations Committee amended it to contain revolutionary, expensive, and general pension changes. It would provide for age 62 unreduced retirement for PERA and other statewide plans. It would phase -in a level benefit formula for coordinated but not basic plan members. Coordinated members retiring after five years from the effective date would receive 1.5 percent of high five salary credit for all years of service. The bill would remove the favorable three percent per year reductions for retirement below age 65, and substitute actuarial or about six percent per year reductions in pensions taken before age 62. The proposal would cost government employees in excess of $2.4 billion for all funds spread over the next 23 years and additional amounts beyond that. It would require con- tribution increases by cities ranging from negligible amounts in 1990, to $3.5 million in 1991, to perhaps $20 million in constant dollars in 2012. See table. Employees will have to contribute matching amounts. Basic plan members who are not included in the level formula benefit increase are sure to seek and may achieve a similar increase at this future sessions. If so, the cost will be even higher. The major cost impact will be on schools which will bear all of the costs shown in the TRA column plus about one -third of the costs shown in the PERA column. Some of these extra school costs will absorb local property tax moneys and some will no doubt be funded by the state. In either case, the biggest impact on cities is likely to be in reduced state aids and reduced ability to raise more revenue at the local level because of competition from school districts for those same dollars at state and local levels. In addition to the financial problems that the bill would likely create, retirement patterns may be upset. Some city employees may rush to retire before the effective date to take advantage of the rule of 90 or the three percent per year early retirement reduction factor. Then, coordinated employees may be reluctant to retire before the five -year period over which the level benefit formula is gradually implemented. It is not clear whether substantial number of people who have retired before the effective date of the act will see themselves as disadvantaged in the same way that pre -1973 retirees do. We now deal with pre -1973 retirees by a state appropriation in excess of $10 million per year for a 13th check to each of them. We may some day need to do something similar for pre -1989 retirees. 5 Finally, current employees who planned their careers and future retirement around the rule of 90 or the three percent per year early retirement factor are likely to begin litiga- tion. Past Minnesota court decisions have found an estopple (something like a contract) entitling employees who put in substantial labor relying on a promised pension benefit to the full amount of those benefits regardless of legislative attempts to reduce them. Call your representative and senator immediately to let them know the problems the bill creates and to seek a state commitment to fully fund the increased costs if they decide to pass the bill despite its problems. COST IMPACT OF H.F. 1709, ARTICLES 5 AND 6 (cost in millions) c a School Districts Local (TRA and First Governmental State Class City Teachers Units Years (MSRS) Retirement Systems) (PERA) FY 90 $ 5.4 M $ 9.0 M $ 5.0 M FY 91 $11.4 $19.2 $10.6 FY 92 $18.2 $30.6 $16.9 FY 93 $19.4 $32.6 $18.0 FY 94 $20.7 $34.8 $19.2 FY 95 $22.0 $37.0 $20.4 FY 96 $23.5 $39.4 $21.7 FY 97 $25.0 $42.0 $23.2 FY 98 $26.6 $44.7 $24.7 FY 99 $28.3 $47.6 $26.3 FY 00 $30.2 $50.7 $28.0 FY 01 $32.1 $54.0 $29.8 �• FY 02 $34.2 $57.5 $31.7 FY 03 $36.5 $61.3 $33.8 FY 04 $38.8 $65.2 $36.0 FY 05 $41.4 $69.5 $38.3 FY 06 $44.0 $74.0 $40.8 FY 07 $46.9 $78.8 $43.5 C FY 08 $50.0 $83.9 $46.3 FY 09 $53.2 $89.4 $49.3 FY 10 $56.7 $95.2 $52.5 FY 11 $60.4 $101.4 $55.9 FY 12 $64.3 $108.0 $59.5 TOTALS $789.2 $1,325.8 $731.4 ESTIMATED TOTAL EMPLOYER COST = $2.85 Billion NOTE: Cost estimates based on projections by The Wyatt Company, the actuary retained by the Legislative Commission on Pensions and Retirement. *Cities currently constitute 1/3 of PERA covered employees with counties and school districts making up most of the rest. � ! i Week in Review W - ** *ACTION ALERT * ** TAX INCREMENT FINANCE IN TROUBLE S.F. 2260 (Ember Reichgott, DFL -New Hope) has been reported out of the Senate Tax Committee and H.F. 1871 (Ann Rest, DFL -New Hope) passed out of the House Tax Committee unamended despite our attempts to reach a compromise position. Both the House and Senate files were folded into their respective omnibus tax bills. The House passed its omnibus tax bill late Tuesday and the Senate followed suit on Wednesday. During the Senate's consideration of the omnibus tax bill, Senator Mike Freeman (DFL- Richfield) moved to delete Article 13, concerning the four -year knockdown provisions. The motion carried on a 31 -29 vote. Since tax increment is a part of the House /Senate omnibus tax conference, it is virtually certain that some tax increment provisions will emerge from the tax conference and be- come law. Unfortunately, both bills have negative provisions which will be harmful to tax increment. Unless legislators hear from their city officials on this legislation, we can count on severe damage to tax increment finance. We need you to contact your legislators. Please urge them to speak to members of the tax conference committee concerning tax increment finance. While the tax conference committee has not been appointed at this time, we think the likely members of the tax conference committee will be: Senate Johnson, Novak, Pogemiller, Stumpf, Brandl House Voss, Minne, Wynia, Vanasek, Long or Schreiber The League and the National Association of Housing and Redevelopment Officials (NAHRO) have reviewed both the House and Senate bills. We favor and oppose some of each. In general, the House bill is very negative but it does not have the limits on economic development projects that the Senate bill does. The Senate bill is better than the House bill in that Senator Reichgott has accepted a number of recommendations from the LMC /NAHRO committee in order to improve the legislation. Specifically, the League opposes these provisions of the House bill: 4 1. The requirement that all pre -1979 districts, as well as proposed expansions, comply with the four -year knockdown requirement (this means that each parcel within the district must have had activity conducted on it within four years of the creation of the district); 2. The exclusion of street development activities as qualifying activities for the provi- sions of the four -year knockdown (this applies only to new districts); W -8 Week in Review 3. The very strict soils test needed to qualify districts as redevelopment districts (only pollution, as defined by the Pollution Control Agency would allow the longer redevelopment period of 25 years in a soils correction district); 4. The imposition of an original mill levy limit which would not allow collection of increments in excess of the original mill certified at the creation of the district; and 5. The bill's various effective dates. Several sections are applicable to districts certified after April 1, 1988 even though the district was approved prior to April 1, 1988. The House bill also contains a provision that would allow counties to recover road costs. The proposal would require the county board to find that "but for" the TIF district, the county would not undertake the particular road project. In the event the county road costs and the proposed district's activities exceed the amount of projected increment to be available, the county and the TIF authority would have to negotiate in order to achieve an acceptable result before certification of the district. The League has not been oppos- ing, nor advocating, this provision. The League is striving to develop a compromise position on termination of pre -1979 districts. The House bill requires that pre -1979 districts must be completed by the year 2004 or by the end of the term of bonds issued prior to April 1, 1988, whichever is later. The Senate bill requires pre -1979 districts to be terminated by the year 2001 or the end of the term of bonds issued prior to April 1, 1990. The League is trying to develop a compromise between the two bills asking for the year 2004 or the end of the term of bonds issued prior to April 1, 1990. On the Senate side, the League opposes: 1. The amendment proposed by Senator Linda Berglin (DFL- Minneapolis) which limits economic development districts to manufacturing projects; and 2. The provision, retroactive to December 31, 1986, which requires a tax increment finance district, located in a school district in which voters have approved a new referendum levy, to pay the school district the amount generated by the new levy. The bill specifies how the city calculates the amount to pay to the school district. When discussing tax increment finance with your legislators please point out that tax increment finance is the city's last remaining tool to help with redevelopment and to provide jobs. Also, piecemeal impairment of tax increment finance is totally unfair and is likely to cripple local efforts to improve the community. SENATE PASSES MAJOR OVERHAUL OF PROPERTY TAX STRUCTURE On Wednesday, March 30, the Senate adopted legislation (H.F. 2590) to completely over- haul the state's property tax and local government aid system. There was little discussion or debate on the Senate floor about the property tax sections of the bill. Week in Review W -9 This Senate version of the tax bill would attempt to make the property tax system more simple for taxpayers, but would result in far more complexity and perhaps far more vul- nerability for local units of government. Its authors, Senators Doug Johnson (DFL -Cook) and Steve Novak (DFL -New Brighton), have labeled the plan the most significant property tax reform since the "Minnesota Miracle." Fast -track process The proposal moved swiftly through the legislative process. The draft bill was first un- veiled on Monday, March 28. A public hearing lasting 45 minutes immediately followed release of the bill. The Senate Property Tax Division then voted out the bill, followed by full Tax Committee approval the same evening. By Wednesday evening, the Senate passed the measure with only two dissenting votes. After the Easter recess, a conference committee will begin to iron out the major differences between the House and Senate property tax plans. New local aids replace homestead credit The Senate tax bill would eliminate the current homestead credit program and redistribute homestead credit monies through several new aid programs, including "transition aid" and "disparity reduction aid." A limited expansion of the current local government aid (LGA) program for both cities and counties would also provide increased aid. The state would also take over the counties' costs of income maintenance and medical assistance. The total cost of the legislation is $174 million for the 1990 -91 biennium. Taxes limited to fixed percentages of value The backbone of the plan would base taxes on fixed percentage rates of market value for different types of property. In the first year of the plan, properties would not be taxed above the fixed percentage rates. (See last week's Cities Bulletin for a complete listing of fixed rates.) For example, the tax on a home under $68,000 is to be capped at one percent of value. (Tax on a $50,000 home would thus be limited to $500). The tax on businesses would be limited to 3.3 percent for the first $60,000 of value and 5.3 percent for value over $60,000. The state is supposed to "guarantee" sufficient aid to local governments to keep property taxes under these fixed rates. But this guarantee would be provided only in the first year. In future years, aid to local governments are not supposed to rise with local spending or local taxes. Any local tax increases must show clearly on tax statements as "Local Govern- ment Taxes in Excess of State Limitations." These excess taxes (surtaxes) must appear separately for each jurisdiction- -city, county, and school. The authors of the plan say that this particular requirement will insure local government "accountability" for local spend- ing. However, despite this major change in the tax form and local aid system designed to assure accountability, the Senate tax plan retains restrictive levy limits. High tax communities benefit in the first year In the first year, this plan is beneficial to areas which have high mill rates and thus experience effective tax rates that are above the fixed rates. For example, those receiving w -10 Week in Review help would be communities where taxes on homes under $68,000 exceed one percent or where business taxes exceed 3.3 percent for value under $60,000 and 5.3 percent for value above $60,000._ Generally, communities with total mill rates in excess of 125 mills would receive more state aid under this proposal, while communities with mill rates below 125 would begin to receive less aid over time. The estimated cost of reducing local mill rates to a uniform 125 mills, is $54 million. This additional aid, however, would not reduce local levies attributable to school referenda and school debt service. LGA addition of two to nine percent For cities, a new formula would provide aid in addition to current LGA payments. In 1989, cities would receive the same amount of LGA as they received in 1988 plus an minimum increase of two percent and a maximum increase of nine percent. The addi- tional LGA increase would be based on the new formula. The new formula would guaran- tee that local revenue raised by the taxable value of the community (determined by the new fixed percentage tax rates) plus state aid would generate a set amount per household, just as the school foundation aid formula guarantees that a levy at a set mill rate will raise a set dollar amount per pupil. This formula would tend to have the similar tax base equalization effects as the current LGA formula. The new LGA formula would guarantee each city a "minimum revenue base" amount of $160 per household. Larger cities would receive a larger minimum revenue base guaran- tee per household. For larger cities, the $160 minimum guarantee would increase by $150 per household for every tenfold increase in the number of households. RA14GE3 FOR CITY MINIMUM NUMBER OF CITr REVENUE BASE GUARAWFEE HOUSEHOLDS PER HOU.; HO1,D* 0 - 9 $ 160 10 - 99 161 - 310 100 - 999 311 - 460 1 - 91999 461 - 610 10,000 - 99,999 611 - 76o 100,000 and over 761 - 910 * In addition, Minneapolis, St. Paul, and all cities outside the seven -count metropolitan P Y P area would be guaranteed an extra $190 per household. For cities with declining popula- tion, the minimum guarantee would be increased by 15 percent. Counties would receive additional local government aid based on a similar formula which guarantees a minimum of $440 per household. Week in Review W -11 Possible implications for the future The Senate tax plan represents a fundamental restructuring of our property tax system. Here are just some of the issues of concern to cities: * Proposition 13. Could this system of limiting local tax burdens to a fixed percentage of market value turn into a Proposition 13 -type (California) system? The authors of the bill state that, unlike Proposition 13 and Proposition 2 -1/2 (Massachusettes), these fixed tax rates for classes of property are only meant to be targets. These targets provide a basis for the state to decide where the most property tax relief is needed. The authors stress that these fixed rates are not meant to be caps on what local governments can levy. However, as political pressure builds on the state to provide additional property tax relief money for the system, these targets could easily become caps. * Simplicity. This proposal abolishes the homestead credit (which taxpayers generally understand) and replaces it with several new, and perhaps more confusing, aid sys- tems: transition aid; disparity aid; and new LGA formulas for both cities and counties. The proposal makes little progress in reducing the complexity of our classification structure. The proposal replaces the current classification structure with 17 different fixed percentage tax rates for different types of property. * Accountability. The new aid system unhooks local aid from local levies. It supposedly enhances local accountability by requiring a new property tax statement that will show local "surtaxes" (local taxes levied above the state - guaranteed rate) and "refunds" (local taxes which are below the state - guaranteed rate). The problem for cities will be that local levies can rise for a variety of reasons - -in particular, the loss of state aid or federal aid can cause local levies to rise while city spending may stay the same. Or, even worse, a decline in property values can cause local taxes to shift on to other property (for example, declining agricultural values can cause a shift of tax burdens on to city property). Therefore, under this new system, cities as well as other local units, may find that large surtaxes will show up on taxpayers' statements when local spending has either not increased or not increased as much as the surtaxes seem to indicate. Furthermore, state mandates (comparable worth, wastewater treat- ment standards, etc.) can cause local surtaxes which taxpayers will attribute to local spending decisions, not the state. * Rewards for past spending decisions? The new aid structure provides aid to buy down nearly all past spending decisions to the target tax rates, including local spend- ing that has been far above the state average. The bill penalizes low- spending com- munities for their past frugality. * Pressure on state to spend more on property tax relief. Pressure on the state to spend more on local aids could intensify as local surtaxes begin to show up on tax statements and taxpayers k as the state to maintain the target tax rates that appear on tax state- ments. If this proposed system had been in place in 1981 and had the state held tax rates down to the targets prescribed in the bill since 1981, then either the state would have had to provide $950 million in additional state aid in 1988 or local governments would have had to cut spending by the same amount. W -12 Week in Review * Homeowners more vulnerable to tax increases. Under the current system, the home- stead credit program provides some protection to homeowners. Under the new sys- tem, any local tax increase (surtax) must be spread uniformly across all types of property; there is no extra protection for homeowners. Taxes would rise a uniform 10 percent for homeowners as well as 10 percent for commercial /industrial or apart- ment properties. This situation could intensify political pressure on the state to in- crease property tax relief funding. But, it also makes providing property tax relief for homeowners more expensive than it is under the current system. * Wealth disparities. Low - wealth areas would become more dependent on state aid, and perhaps less able to raise local taxes since "surtaxes" are more likely to appear on their taxpayers' statements. Conversely, high wealth areas would receive less state aid, and have more flexibility to raise taxes since they are now taxing property at rates below these fixed rates and thus will be able to show "refunds" on their tax statements. (See page W -13 for description of the tax form.) OMNIBUS TAX BILL PASSES HOUSE ON MARCH 29 The House Taxes Committee heard and passed the House omnibus tax bill on Friday, March 25, and sent it to the floor of the House for consideration. With qualified support from the minority members, the full House approved the bill on a 131 -2 vote. It would provide an additional $104 million in property tax relief for the 1989 -90 biennium and reduce net tax burdens statewide by 3.7 percent. Metro area net tax burdens would decrease by 3.6 percent, receiving 63 percent of the additional aid. The non -metro area would see net tax burdens decline by 3.9 percent, but receive only 37 percent of the additional aid. "Truth in Taxation" provision for cities The House bill included a provision requiring only cities - -not counties or schools - -to com- ply with new public disclosure efforts when levies increase. During tax committee discus- sion of the bill, Rep. Dee Long (DFL- Minneapolis), an ardent supporter of the provision, offered an amendment that would delay the effective date of the requirements until taxes levied in 1989 (payable 1990). The League remains opposed to this measure unless it includes counties and school districts, and unless the requirements and timetables are more reasonable. Under the provision: 1) Cities would have to adopt and certify their budgets by August 1 of every year; 2) County auditors would calculate the tax increases proposed in the city budget and, by September 15, mail notices to each parcel of property of its proposed tax increase SENATE PROPERTY TAX REFORM PLAN: DESCRIPTION OF THE TAX FORM Statemen of Property _Taxes . Payable h 1990 ....neon:: . . .. . Homestead Credi paid by: the state Represents the value of the "stole paid relief." 14 yOtlr �QCS� pyerumex tS . including all local aid programs, income maintenance aids, �8 and foundation aids. These aids are then apportioned to this particular piece of property. karket :value of your property ;. 860.000 Tax rate for your 4YP� 4f grop�z ty Seventeen different effective tax rates are set up which correspond C V to the rates shown on the tax statement. For example, homestead — ETR's are 1 9 one Z 0 cr the first X68,000, 2 5 9 68 0 01 1 0,0 00 �0" PfOp6fty TBX � and 3.4 9: on the amount over X100,000 Ptopefiy Taxes h�posedi Above. Rate The city of Stump levies more than its allowed share of 125 mills City of 5tuini : and a surtax appears on the statement. School Histrict 88 . owed share of 125 mills tj0: ' . School district 99 levies more than its all Prowly Taxo4krpOW and a surtax appears on the statement. 6eIQW tf1B RB.... ~ • Count of 7ohASOn . The county levies less than its allowed share of 125 mills and a "refund" appears on the statement. Net tax Pa this amount ,�2Q '� Net lox reflects the EfR times the market value adjusted by the surtaxes and "refunds" attributable to each taxing jurisdiction. The Slats of Mnnseoto: &ale the rrola 'of 'tw, for your propertyond poye: old io.your 1104 g:wernmenta which,; on averagQ limitp.agcge to thie:rats YQUF14C91 BPYOO1rP6f�39: Oa�i44 !'h4V14� W kWY a'1 oA.iW?91' 1Q�1 orpr9vi(1fs 4.��VF1 C t 0J W -14 Week in Review (before subtracting aids and credits), and cities would have to reimburse the county for all costs associated with the preparation and mailing of the notice; 3) Cities would have to advertise (minimum one - quarter page ad in a local paper) a public hearing to adopt its budget and the levy increase; 4) Cities would have to hold these public hearings prior to October 15 to hear public comment before finalizing their budgets; and 5) The proposal would penalize a city if it later adopts a final budget that exceeded the August 1 estimate. The League has sent a notice (March 29) to mayors, managers, and clerks stating our opposition to these requirements with more detailed discussion of the provision. Homestead credit The House bill reinstates both homestead credit and agricultural credit. For taxes payable in 1989 and beyond, the homestead credit would be equal to 53 percent of the gross tax on the property value up to $80,000 and there would be no maximum allowable credit. The intent of this provision is to provide more relief to moderate and average - valued homes. Compared to the system for payable 1988, the homestead tax relief in the metro area would increase by $48.7 million, with an additional $8.2 million for the non -metro area. After the first year of this redesigned homestead credit, the credit would receive funding through an appropriation from the Legislature and would not automatically in- crease through changes in local levies. Unlike the homestead credit exemption that is in law for taxes payable 1989, the amount of credit homesteads receive will be fully reim- bursed to local governments. Instead of automatically receiving the redesigned homestead credit, the bill would require owners of residential homesteads valued over $200,000 to apply for an "alternative home- stead credit." If the "wealth" factor (household income plus 40 percent of home value) used to calculate the credit is less than $180,000, the homeowner would receive the same credit amount as he or she would have received under the regular homestead credit. The bill would require the commissioner of revenue to study, once each biennium, the relationship between net property tax burdens and wealth for all homeowners in the state. The agriculture credit program would continue under this bill and would be available to all local jurisdictions. Under current law, the credit is only available to school districts. Levy limits to remain on all cities The House Taxes Committee defeated an amendment that Rep. Steve Sviggum (IR- Kenyon) proposed that would have eliminated levy limits on all cities, counties, and townships. The vote was 10 -15. Rep. Elton Redalen (IR- Fountain) offered an amendment during the committee discus- sion to exclude cities with populations less than 5,000 from levy limits. The motion failed on a vote of 12 -15. Week in Review W_15 Levy limits, therefore, will continue to apply to all cities under the House bill. Levy growth could not exceed the implicit price deflator or five percent, whichever is less. The bill would reinstate certain special levies, exempt from the limit under the payable 1987 law. The levy base for cities over 5,000 will be determined using their 1987 base and inflating it for two years of: inflation, population or household growth, an adjustment for loss of general revenue sharing (GRS), and referendums passed since 1987. The GRS adjustment would permit a city to subtract adjustments made in 1986 and 1987 from the largest of their GRS aid in 1984, 1985, or 1986. The city could add the result of this calculation to their levy base. The levy base for small cities, under 5,000 population, would be their 1988 levy base, including the levy authority they received through the appeals process. The GRS adjust- ment would not be available to these cities because they had not been under levy limits for 1986 and 1987, and the department of revenue would not know what adjustments they had already taken for GRS loss. Property Tax Equalization Aid An amendment, offered by Rep. Alan Welle (DFL- Willmar), would have incorporated some of the elements of the property tax reform proposal that the Coalition of Greater Minnesota Cities and St. Paul sponsored. (Minneapolis' legislators withdrew their support for the plan.) It included: an equalization aid for cities ($90 million); modification of the homestead credit (52 percent of the first $72,000 of market value with no maximum for non -ag homesteads); elimination of the apartment credit; and a second C/I credit paying 50 percent of the net tax (after applying the first credit) that exceeds five percent of market value. These changes would have added $6.5 million to the House tax bill with a 3.3 percent decline in the statewide net tax burden. This motion failed in the House Taxes Committee on a 13 -21 vote. When the full House voted on the amendment the vote was evenly split, 67 -67. The amendment needed a majority vote for adoption. Credits for commercial /industrial and apartments The bill includes business credits and an apartment credit. One of the credits for the first $100,000 of value of a commercial /industrial property (class 3a) would be a 50 percent reduction of the taxes exceeding a two percent "effective tax rate" (property taxes as a percent of the market value of the property), with no maximum credit. Legislators adopted a second business credit in the Taxes Committee. Rep. Joe Begich (DFL- Eveleth) proposed a commercial /industrial credit of 50 percent of the net taxes on the total market value of the property that exceeds a five percent effective tax rate. The credit would apply after the reduction for the first credit (see above) and is not limited to the lower classification C/I ratio. This "second tier" C/I credit was one of the components of the Welle amendment that did not pass. The omnibus tax bill creates an apartment credit to reduce the taxes on the first $100,000 of market value when effective tax rates exceed three percent of market value. The credit would be available only to property containing four or more units (class 4a) and there would be no maximum allowable credit. W -16 Week in Review Few changes to 1989 classification system The changes the Legislature made to the classification ratio changes in the property tax system last year will remain with the following exceptions: The bill restores a special classification for blind, disabled, or paraplegic homes- teads. The first $34,000 of market value would be assessed at 10 percent of market value (currently assessed at 30 percent). -- The proposal would classify vacant land (real property that is not improved with a structure and not used for C/I activity) at its highest and best use. Currently, all vacant land is assessed at 96 percent of market value. (See page W -17 for chart of Projected Change in Net Tax Burdens.) Bill Summar Packaged snack foods at exclusive liquor stores. H.F. 2793 (Stanius) (Reglated In- dustries) would include packaged snack foods as one of the items which could be sold at off -sale liquor stores. Week in Review W -17 * * * ** NOTE CHANGES MADE AFTER PRINTOUT IN CITIES BULLETIN NO. 7 * * * ** PROJECTED CHANGE IN NET TAX BURDENS Comparison of Payable 1989 system VS. House Omnibus Tax Bill Proposal (3/28/88 as amended) -- Applied to 1988 values and levies -- ___'_______________ _ --------- - - - - -- _________________________________ AG RES C I C / /I AG HS NON -HS RES HS NON -HS APTS <$100,000 >$100,000 - - - - -- - - - - - -- - - - -- -- -- - - - - -- - - - - -- --- - - - - -- --- - - - - -- STATEWIDE 5.5% 1.4% -7.0% 1.2% -2.4% -22.7% -0.7% METRO 4.8% 1.8% -8.3% 1.2% -1.1% -22.0% -0.3% NONMETRO 5.6% 1.3% -3.4% 1.2% -8.5% -23.2% -2.8% CITY REGIONS NORTHWEST 10.7% 2.7% -2.0% 1.9% -7.3% -22.2% 0.9% NORTHCENTRAL 10.9% 1.1% -4.5% 0.1% -8.5% -21.2% -0.7% NORTHEAST 7.3% 3.8% -5.6% -1.6% -16.5% -35.3% -13.7% TACONITE 15.4% 0.0% 30.5% 1.1% -14.2% -33.0% -9.8% SOUTHWEST 5.8% 1.6% -2.4% 1.7% -8.2% -24.4% -0.9% • CENTRAL 7.4% 2.3% -3.3% 2.3% -6.7% -21.6% 0.1% SOUTHEAST 3.4% 1.3% -4.2% 1.5% -8.0% -24.4% -1.6% SUBURBS -NORTH 5.1% 1.6% -8.8% 1.1% 0.8% -21.6% -0.1% SUBURBS -EAST 2.3% 1.3% -9.4% 0.8% -1.2% -21.1% -0.1% SUBURBS -SOUTH 1.5% 0.4% -9.4% 0.4% -0.9% -21.3% -0.5% SUBURBS -WEST 5.2% 1.6% -8.2% 0.9% -0.6% -21.0% 0.3% SAMPLE CITIES: -- ------ - - - - -- Appleton 0.0% 0.0% -0.6% 1.3% -15.8% -30.5% -3.8% Austin 0.0% 0.0% -4.4% 0.9% -10.8% -26.9% -6.2% Bemidji 0.0% 0.0% -5.4% -1.4% -11.4% -25.8% -1.4% Bloomington 0.0% .1.2% -10.7% 0.3% -1.4% -21.5% 0.1% Brooklyn Park 2.6% 1.5% -10.3% 1.6% -0.8% -23.9% -1.6% Burnsville 0.0% -3.7% -12.5% -1.0% -2.4% -21.8% -0.7% Cloquet 10.5% -3.4% -3.2% -0.6% -12.6% -27.5% -10.4% Columbia Htgs 0.0% 0.0% -7.6% 0.6% -0.1% -20.3% 0.5% Coon Rapids 0.0% 0.0% -7.9% 1.3% -0.9% -22.2% 0.6% Cottage Grove 1.0% 1.5% -6.4% 1.1% -0.8% -20.8% 0.2% Crystal 0.0% 0.0% -6.1% 1.6% -0.2% -21.1% 1.2% Duluth 0.0% 40.0% -6.2% -1.9% -16.7% -37.6% -14.5% Faribault 5.9% 0.0% -2.5% 1.5% -9.8% -25.9% -1.5% Fergus Falls 0.0% 0.0% -2.1% 1.5% -6.2% -21.2% 1.6% Hibbing 9.1% 0.0% 36.7% -1.3% -17.6% -37.8% -13.2% Mankato 0.0% 0.0% -4.7% 1.7% -8.0% -24.5% -0.9% Marshall 0.0% 0.0% -5.1% 1.6% -7.2% -22.6% -0.2% Minneapolis 0.0% 0.0% -6.8% 1.9% -1.1% -22.2% 0.2% Minnetonka 0.0% 0.0% -9.1% 1.0% -0.6% -21.5% 0.2% Moorhead 0.0% 0.0% -3.6% 1.2% -6.9% -13.7% 1.4% Plymouth 3.0% 1.3% -7.9% 1.2% -0.4% -20.9% 0.7% Princeton 0.0% 0.0% -3.6% 1.9% -11.7% -29.1% -4.1% Rochester 20.0% 1.3% -7.2% 1.5% -7.1% -23.7% -1.0% Roseville 0.0% 4.3% -11.3% 0.4% -1.4% -21.6% 0.1% St. Cloud 0.0% 0.0% -3.6% 1.6% -7.1% -23.3% -0.3% St. Louis Pk 0.0% 0.0% -8.1% 1.9% 0.0% -20.9% 1.3% St. Paul 0.0% 4.5% -6.0% 1.4% -2.4% -25.8% -3.1% Shakopee -0.8% -0.4% -9.6% -0.4% -2.8% -25.2% -3.3% West St. Paul 0.0% 0.0% -8.1% 1.8% 1.2% -17.9% 1.1% Willmar 0.0% 0.0% -4.1% 1.7% -5.0% -20.0% 1.7% Winona 0.0% 0.0% -4.1% 1.5% -8.9% -24.6% -1.4% Worthington 0.0% 0.0% -5.5% 1.1% -10.3% -25.7% -1.09. Federal Update I'_1 ** *ACTION ALERT * ** HOUSING AND COMMUNITY DEVELOPMENT BUDGETS ARE DISCOURAGING On Wednesday, March 30, the Senate Budget Committee failed to protect programs for housing, community development, urban development action grants, or economic development grants from cuts, while agreeing to support major increases in funding for other programs. The League urges cities to send word to Senators Boschwitz and Durenberger that loss of federal funds to aid those in need at home are not acceptable. On an 18 -3 voice vote, the Senate Budget Committee reported out a Senate Budget Resolution that provides for a 27 percent increase for space and science. The resolution reduces municipal wastewater treatment construction grant funds by three percent; rural housing by three percent; CDBG, UDAG, HODAG, and EDA by six percent; and assisted housing by 7.3 percent. The proposal included no increases for drug abuse enforcement assistance education or for homelessness programs. rams. P g Inflation magnifies any absolute reduction in funds. Inflation will add another four per- cent to the cost of providing services by 1989. NLC will be working to gain support for an amendment to restore funds to priority . municipal programs. nd take those restored funds from the sharp Please make every effort to contact Senators Boschwitz and Durenberger by phone, letter, telegram, or telefax message to urge them to support such an amendment. Senator Conrad of North Dakota and Senator Grassley of Iowa have indicated they will offer such a proposal on the Senate floor when the Senate Budget Resolution is up for a vote. REMINDER: OIL OVERCHARGE REFUND APPLICATIONS In January, the League sent out an Action Alert to inform cities that local governments are eligible for refunds for crude oil overcharges they paid when purchasing refined products between August 1973 and January 1981. The National League of Cities has heard that some cities have received notices from a law firm claiming that cities need legal advice and expertise in submitting applications for refunds. Department of Energy (DOE) officials have indicated that there is no need for cities to hire a lawyer. Copies of the application form and instructions for applying for the refund are available at the LMC Office. Also, the January 8 Action Alert included a copy of the application form and information on refunds. The deadline for submitting refund applications is June 30, 1988. Tips from DOE: 1. When going through your crude oil product purchases for 8/19/73 through 1/27/81, you need to convert the cost of the product into the number of gallons. (You may use an estimate, if necessary.) F -2 Federal U date 2. Purchases of any product refined from crude oil are eligible including gasoline, diesel fuel, heating oil, propane, motor oil, greases, aviation gasoline, asphalt, and other refined products. (Purchases of products unrelated to crude oil are not eligible.) 3. Applicants will receive an estimated $80 per 100,000 gallons of products they purchased. The refund will increase as DOE collects more crude oil overcharge funds. An applicant needs to submit only one refund application to the DOE to be eligible for funds now and in the future. ** *ACTION ALERT * ** LETTER OF CREDIT FOR WASTEWATER TREATMENT REVOLVING LOAN PROGRAM RAISES CONCERNS City officials are concerned about potential tax liability on municipal bonds they issue to complete wastewater treatment construction activities using state revolving loan funds. According to FY'89 budget proposals, the U.S. Environmental Protection Agency would issue letters of credit to state pollution control agencies for revolving loan funds under the federal wastewater treatment construction program, beginning next October 1. The 1984 Federal Tax Act specifies that municipal bonds that the federal government guarantees are taxable. Whether bonding associated with MPCA revolving loans for wastewater treatment construction would be taxable is still an unanswered question. Cities concerned about potential tax liability for municipal bonds they plan to issue to comply with MPCA requirements should contact members of Congress and Senators Boschwitz and Durenberger. Urge them to remove the proposed federal letter of credit provision from the FY'89 EPA budget proposals or to amend the 1984 federal tax provi- sions restricting the tax - exempt status of federally guaranteed municipal bonds. NLC is urging that such financing changes be amendments to the Technical Corrections Act, still pending in Congress. Minnesota Pollution Control Agency and Department of Trade and Economic Develop - ment staff with responsibility for wastewater treatment grant and loan programs indicate that loss of federal dollars for the loan program will cost the state interest earnings and could mean the state will not gain $200 million for the loan program from investing the dollars here. It may also lengthen the time for final completion of local improvement projects. • CITY OF BROOKLYN CENTER Council Meeting Date 4 -11 -88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: 1989 Budget ******************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. HEAD'S P OV . ignat Y title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Department heads are starting to prepare the 1989 Budget recommendations at this time (attached is a • 1989 Budget preparation schedule). Monday evening 1 would like to discuss with you any preliminary ideas or thoughts you may have on the 1989 Budget. Please think about the Budget process, timing, City service levels, and any new programs you would like to have considered as a part of the upcoming Budget process. Last year the City Council requested we review the impact of raising the $100 minimum on capital outlay items. Paul and I will be prepared to comment specifically on this item Monday evening. < a' MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: March 30, 1988 SUBJECT: On -Sale Wine and Nonintoxicating Malt Liquor Licenses for Daytons Attached please find the background investigations done by the police department in connection with the application for on -sale wine and nonintoxicating malt liquor licenses for the restaurant located in the Brookdale Dayton's store. Investigator Monteen did the background on the on -site manager and found an active traffic warrant which is noted in his last paragraph. The manager, Carlos Weekes, did come in to the police department on March 29, 1988 and left a copy of his receipt of payment on the warrant, which was paid on March 25, 1988. That was the only outstanding problem with Mr. Weekes' background investigation. The police department therefore recommends approval of this application for licenses. MEMORANDUM TO: Chief James Lindsay FROM: Cathy Hennessy DATE: February 19, 1988 SUBJECT: Liquor License Investigation Regarding case #88 -02348 Location: Dayton's, Brookdale Investigation of the Dayton's Iron Horse Liquor's Incorporated, a wholly owned subsidiary of Dayton Hudson Corporation, has revealed no significant problems in regards to their attaining a wine on -sale license. Criminal history checks and drivers license checks reveal nothing unusual in regards to all of the Board of Directors and all of their spouses. This particular company has been investigated in the past in regards to previous liquor licenses by several other communities, including Edina and St. Paul, and those investigations did not reveal any questionable activities or persons connected with the company. The President of Dayton's Iron Horse Liquor is John Lovelace, who resides at 9609 Oak Ridge Trail in Minnetonka. Neither Lovelace or his wife, Sara, have any type of identifiable criminal history and both of them have valid drivers licenses with no violations. There are no warrants for either of them in N.C.I.C. or MINCIS. Investigator Hennessy did visit the neighborhood of 9609 Oak Ridge Trail which is an exclusive residential area off of Highway 7. Lovelace's residence is a very large, two story, brick home situated in a neighborhood of homes that range from approximately $200,000.00 to 500,000.00. The home is very immaculate, as did appear the entire neighborhood. A check with the Minnetonka Police Department revealed that they have not had any contact with the Lovelace family. The Treasurer of Iron Horse Liquor's is James Edmund Dirlam, 10013 Morris Road, Bloomington. Criminal history checks on Mr. Dirlam and his wife, Barbara, are completely clear through N.C.I.C. and MINCIS. Mr. Dirlam has a valid drivers license with no violations. There is no drivers license on file for Barbara Memo to: Chief Lindsay - 2- February 19, 1988 Dirlam. A drive by the Dirlam residence in Bloomington revealed that this is a two story colonial type home and in an upper middle income neighborhood. The home is neat and kept very well. In checking with the Bloomington Police Department, they have not had any criminal type contacts with the Dirlam family. The Secretary of the Iron Horse Liquor's Incorporated is Dean Prenger Baarda. Mr. Baarda resides at 4820 Highbury Lane, Minnetonka, with his wife, Judith Ann. Criminal history checks on the Baarda's are negative and there are no current warrants for either Mr. or Mrs. Baarda. Both individuals have valid Minnesota drivers licenses and each has had one previous speeding violation. A check of the neighborhood of Highbury Lane in Minnetonka revealed that the Baarda's live in a very nice, two story colonial brick home that was very well maintained and in a neighborhood of homes that had approximate values of from $200,000.00 to $500,000.00. The home was neatly cared for and the entire neighborhood was that of upper bracket income families. A check with the Minnetonka Police Department revealed that the Baarda's have had no criminal contacts with the Police Department. A final check involved Bruce l James Clouser and his wife, Susan Rich Clouser. Mr. Clouser is the General Manager for Iron Horse Liquor's Incorporated and has been with Dayton Hudson Corporation since 1974. A criminal history check of Mr. Clouser did not reveal any type of criminal history for himself or his wife and there were no current warrants for either of them. Both individuals have current clear Minnesota drivers licenses with Mr. Clouser having one speeding citation in 1985. Investigator Hennessy had opportunity to visit the residential area where the Clouser's reside at 2750 Crescent Ridge Road, Minnetonka. The Clouser's live in an exclusive neighborhood in a two story brick and wood colonial type residence and all of the homes in this area appear to be in the neighborhood of $300,000.00 and up. Their home was neat and the yard well kept. Memo to: Chief Lindsay -3- February 19, 1988 A check with the Minnetonka Police Department revealed that they have not had any contacts whatsoever with the Clouser family. It appears that all of these gentlemen are very financially secure and have been with the Dayton Hudson Corporation for a lengthy period of time. John Lovelace is about the only exception to this and he has been with Dayton's since 1982. Clouser has been with Dayton Hudson since 1974. Baarda has been with them since 1962 and Dirlam has been with the company since 1966. They are currently successfully running a number of other wine and liquor establishments located in the Dayton's stores in the metro area. Due to their limited store hours, it seems unlikely that the serving of liquor at the center will have a significant impact in regards to police function. The results of the background investigation show no articulable reasons why the wine on -sale license should not be granted to the Iron Horse Liquor's Incorporated. The following is a resume concerning the investigation of case #88- . 02348 dictated by Investigator A. Paul MONTEEN and transcribed and typewritten by Jean GOULD, Police Typist for the Brooklyn Center Police Department. This resume has been dictated on March 21 1988 at 1020 hours. _ Carlos Adolphus WEEKES 3204 Oakland Avenue Minneapolis, MN 822 -9934 Business Address: Dayton's Department Store, Dayton's Inn Brookdale Center Brooklyn Center, MN 55430 Business Phone: 569 -6722 ---------------------------------------------------------------------- Investigator MONTEEN was asked to provide a background investigation on Carlos Adolphus WEEKES in application for a license to sell beer and wine for on premises sale in the Inn, restaurant at Dayton's. Investigator MONTEEN received a copy of the personal information form in support of a liquor license application with the City of Brooklyn Center. MONTEEN began the background investigation by inquiring of the NCIC and MINCIS computer files in the name of Carlos Adolphus WEEKES. MONTEEN found no listing in that name. MONTEEN then obtained a copy of the Department of Motor Vehicle driving rcord on Mr. WEEKES and found that he is valid, with glasses, and has a class C license in Minnesota with no endorsements. WEEKES shows nine citations for speeding as well as other actions taken by the Department of Motor Vehicles, including revocation of the driving privileges in 1983 and driver evaluation in 1986. Carlos WEEKES was the complainant in three incidents stemming from his employment at the Holiday Inn in Brooklyn Center in 1981. In all these cases WEEKES was the complainant and there is no record of criminal history with the City of Brooklyn Center. Likewise, the City of Minneapolis showed no record of criminal history in the name of Carlos Adolphus WEEKES and furthermore no criminal history on the part of the corporate title Classic Pizza and Manna Incorporated, businesses owned by WEEKES. The City of Bloomington showed no criminal history in the name of Carlos WEEKES. In checking with the Hennepin County Sheriff's Office, WEEKES has been arrested on three occasions. First in 1970, second in 1984 and subsequently in 1986, all for traffic violations or warrants stemming from traffic violations. WEEKES has been arrested for two warrants in Hennepin County and a warrant in Carver County for failure to pay a Resume by Investigator MONTEEN Case No. 88 -02348 Page 2 fine stemming rom a traffic incident Moreover Hennepin County g i , nep o y shows an outstanding traffic warrant in the name of Carlos Adolphus WEEKES, warrant #87271619, a nightcapped, Division 1 warrant for speed, fine and bail $99.00. Investigator MONTEEN did go to the neighborhood of 3204 Oakland Avenue South and found the residences surrounding to be apartment and multiple dwellings. Investigator MONTEEN could locate no one who knew WEEKES. In following up the progressive work history of Carlos WEEKES, Investigator MONTEEN notes that Classic Pizza, 2929 -26th Avenue, Minneapolis, is no longer in business and WEEKES had no direct supervisor as he was the owner of the business. Moreover, Manna Incorporated was a home business, owned and operated by WEEKES as a restaurant consulting firm. Third, Level Development Company in Bloomington is listed at 8600 Cedar Avenue on WEEKES's application. MONTEEN found that the business was located at 8100 Cedar Avenue and also is out of business. Investigator MONTEEN was aware that WEEKES has been employed by the Holiday Inn in Brooklyn Center in 1981 and Investigator MONTEEN called the Days Inn, which is still under the management of Brock Hotel Corporation. Days Inn was unable to provide Investigator MONTEEN with any information regarding WEEKES but felt that Jim DECKER, a manager at the Days Inn in Maplewood, may have been the manager while WEEKES was employed in Brooklyn Center. Investigator MONTEEN spoke with DECKER who indicated that he had not worked with WEEKES at the Days Inn in Brooklyn Center, but had worked with him at the Mariott Inn in Bloomington many years before. DECKER indicated that Carlos WEEKES was a competent employee and had been in the restaurant management field for a long period of time. DECKER stated that he had no particular criticism of WEEKES, however did state that WEEKES, because of his Latin American upbringing, did have a tendency to invade one's personal space and DECKER indicated that he would frequently push WEEKES back to an arms length away, as WEEKES had a tendency to talk right into his face which DECKER found irritating. Investigator MONTEEN contacted Carlos WEEKES as the application and information form asked for occupations going back 10 years and WEEKES indicated employment back eight years. MONTEEN found that WEEKES had been employed previously, not only by the Brock Hotel Firm at the Holiday Inn, but by the Hoffman House /Henreises Restaurants in Milwaukee, Wisconsin, home office Madison, Wisconsin, as food and beverage manager and by the Magic Pan Restaurant at Ridgedale, home office Quaker Oats Company of Chicago, Illinois. Investigator MONTEEN found that Hoffman House /Henreises was out of business, likewise Magic Pan had been sold by the Quaker Oats Company and was no longer in business. Resume by Investigator MONTEEN Case No. 88_82348 Page 3 Investigator MONTEEN did contact the Brock Hotel Firm in Wichita, Kansas and was advised by Dorothy WOODS, the Human Resource Director, that no files had been maintained from the Holiday Inn operation in Brooklyn Center regarding management personnel in 1981 and that she could find no record of Carlos Adolphus WEEKES. This concludes the background investigation regarding Carlos Adolphus WEEKES. Investigator MONTEEN finds the careless disregard of citations given by law enforcement officials, resulting in warrants, disturbing and the outstanding traffic warrant a stumbing block to the recommendation for issuance of the requested license. CITY OF BROOKLYN CENTER council Meeting Date 4 - 11 - 88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: License to Utilize Explosives for The Howe Company _ DEPT. APPROVAL: �att' Administrative Aid Signature - title lQl MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Section 35 -413.2 of the City Ordinances requires that the utilization of explosives must be licensed by the City Council. The following items are recommended conditions for the utilization and discharge of explosives at The Howe Company facility, 4821 Xerxes Avenue North, Brooklyn Center, Minnesota. 1. The permit is issued to The Howe Company, 4821 Xerxes Avenue North, Brooklyn Center and is nontransferable. 2. The Howe Company shall continue to use a two- component compound, kinestik, or a similar two- component compound. 3. The Howe Company shall comply with all applicable federal, state, and local legislation governing the transportation, storage, handling, and detonation of explosives. 4. The Howe Company shall notify the Chief of Police in advance of all blasting operations. 5. City employees shall have the right to inspect upon reasonable notice given to The Howe Company. 6. Authorization to discharge explosives in the City of Brooklyn Center granted under this permit shall expire March 27, 1989. I recommend approval of the application subject to the conditions listed above. Licenses to be approved by the City Council on April 11, 1988: CIGARETTE 1 Best Products Company, Inc. 5925 Earle Brown Dr. City Clerk FOOD ESTABLISHMENT Bakers Square Restaurant 5601 Xerxes Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Brooklyn Center Mobil 6849 Brooklyn Blvd. Carmel Corn 1333 Brookdale Center Dayton's 1100 Brookdale Center Donut Delight 6838 Humboldt Ave. N. Earle Brown Bowl 6440 James Circle Earle Brown Commons 6100 Summit Drive Food Express 1131 Brookdale Mall Kids' Time Out 5611 Xerxes Ave. N. The Learning Tree 6020 Earle Brown Dr. Maranatha Conservative Home 5401 69th Ave. N. Nature Food Centre 6068 Shingle Creek Pkwy. Nutrition World 1271 Brookdale Center Scoreboard Pizza 6816 Humboldt Ave. N. Subs Etc. 6048 Shingle Creek Pkwy. Taco Bell Brookdale Center U.A. Communications 5800 Shingle Creek Pkwy. Yen Ching Restaurant 5900 Shingle Creek Pkwy. ! Y . 4 Sanitarian ITINERANT FOOD ESTABLISHMENT Brooklyn Center Fire Dept. 6301 Shingle Creek Pkwy. Brooklyn Center Lioness 5312 N. Lilac Drive Park Center Parents 6400 Sycamore Lane N. Sanitarian ,®f� MOTOR VEHICLE DEALERSHIP Brookdale Pontiac 6801 Brooklyn Blvd. Iten Chevrolet 6701 Brooklyn Blvd. ✓� Bob Ryan Oldsmobile 6700 Brooklyn Blvd. City Clerk oil— MECHANICAL SYSTEMS Aer, Inc. Box 1146 All Season Comfort, Inc. 55 Mound Street Allan Mechanical, Inc. 6020 Culligan Way C.O. Carlson Air Cond. Co. 1203 Bryant Ave. N. Centraire, Inc. 7402 Washington Ave. S. Construction Mechanical Services 1307 Sylvan Street Doody Mechanical, Inc. 520 Front Avenue Harris Mechanical Contracting Co. 2300 Territorial Road Horwitz Mechanical, Inc. 5000 North Co. Road 18 Igloo Heating and Air Cond. 11440 Lakeland Dr. N. Metropolitan Mechanical Contractors 7340 Washington Ave. S. Northwest Heating & Air Cond. 9964 Hemlock Way ierce Refrigeration 1920 2nd Ave. S. Pride Mechanical, Inc. 3025 NE Randolph St. R & S Heating & Air Cond. 21357 Hemlock Ave. Realistic Heating & Cooling Inc. 9077 Van Buren St. NE Royalton Heating & Cooling Co. 4120 85th Ave. N. T.G.S. Mechanical Inc. 50 Choctaw Circle United Heating & Air Cond. 7909 30th Ave. N. �t k Ray We lter Heating Co . 4637 Chicago Ave . . (_ 1/� Building Official SIGN HANGER Ace Sign Company 1991 N. Broadway Building Official SWIMMING POOL Brookdale Ten Apartments 3305 -3433 53rd Ave. N. Chippewa Park Apartments 6507 Camden Ave. N. Columbus Village Apartments 507 70th Ave. N. Four Court Apartments 2836 Northway Dr. Garden City Court Apartments 3407 65th Ave. N. North Lyn Apartments 6511 Humboldt Ave. N. Northbrook Apartments 1302 69th Ave. N. Sanitarian GENERAL APPROVAL. D. K. Weeks, City Clerk s oz you n fozinafioit MINUTES OF THE PROCEEDINGS OF A PUBLIC HEARING REGARDING A CITY -WIDE RECYCLING PROGRAM MARCH 10, 1988 7:30 p.m. CONSTITUTION HALL The City Manager opened the meeting and thanked everyone present this evening for taking the time to attend this important meeting. He noted this evening's meeting was being held to collect information and ideas from the residents of Brooklyn Center and to educate people further on the State mandated Solid Waste Reduction Act. He noted Mayor Nyquist, Councilmembers Bill Hawes and Gene Lhotka were present this evening along with the City Sanitarian Tom Heenan, and EDA Coordinator Brad Hoffman. He noted the City Sanitarian had a brief slide show, and then there would be plenty of time for questions and comments. The City Sanitarian started the slide presentation and noted that it had been prepared by Hennepin County. Following the slide presentation, the City Manager went on to discuss the process which the City has been following for developing a City -wide recycling program. He noted staff anticipates the City Council to make a final decision in late 1988, and the final plan would be implemented in 1989. He went on to review the evaluation criteria which are being used in developing this program. He stated he would now open the meeting for the purpose of questions and comments from the audience and asked that anyone who wished to speak give their name and address. Mr. Clarence Dudley, 6510 Brooklyn Boulevard, inquired if there would be other public meetings before final consideration is given by the City Council. The City Manager stated it is the usual practice of the City Council to hold public hearings before giving final consideration to this type of item. Mr. Jim Woods, 5900 Upton Avenue North, inquired as to what type of proposals the individual haulers have submitted to the City. The City Manager stated no formal proposals have been received from individual haulers at this time. Mr. Les Reinhart, 5906 Halifax Avenue North, inquired what hauler is being used by the other communities who are already involved in recycling. The City Manager and the City Sanitarian gave a brief list of companies which are setup for recycling needs. Mr. Reinhart inquired why the City of Brooklyn Center has been dragging its feet and leaving itself less than two years in which to implement a plan. The City Manager stated there has been much staff time spent on research for developing an appropriate plan for the City. He explained it is not always in the best interest of the City to be the first community involved in a new program. He noted sometimes it is best to learn from other communities' mistakes. A man came forward and stated he is disappointed in the lack of preparation for this evening's meeting. He noted staff does not appear to have any answers at this time. The City Manager stated three months from now the staff will have 3 -10 -88 -1- most of the answers to this problem, but at that time it would be too late to receive any public input. The City Manager recognized Ms. Mary Ellen Vetter, 6913 Oliver Avenue North. Ms. Vetter stated in 1969 Brooklyn Center formed the very first conservation commission in the State of Minnesota. She noted this commission started many programs for recycling. She added at that time there was no market for recyclable materials. She stated for this reason the recycling programs which were started by the conservation commission were eventually cancelled. A man stated the land fill problem and mandated recycling has been coming for many years. He noted that 16% will not totally solve the problem, but it is a good place to start. He added that he will stand behind the City's decision. A woman inquired if there is a way to recycle plastic. Mr. Carl Michaud, a representative from Hennepin County, noted certain types of plastic can now be recycled. He added there is a push in the legislature to try and ban certain types of plastic and to control the amount of plastic being dumped. Mr. Wayne Paulson, 5330 Colfax Avenue North, stated the Boy Scout troop from Hope Lutheran Church does handle paper recycling at Warner's Hardware. A woman stated she felt 16% was too low of a target and inquired if there would be any incentive programs for people that recycle. The City Manager noted some communities are trying incentive programs, and other communities are also trying programs which penalize those people who do not recycle. Mr. Michaud stated the 16% figure is based on a study done by the Metropolitan Council. He noted in this study it was found that 40% by weight could be recycled, and after some discussions a compromise of 16% was reached. He noted it was the general belief that 16% was a good starting point, and communities could work to achieve greater than 16 %. The City Manager noted the City of St. Louis Park has set a goal of 50 %. Mr. Charles Stutz, 7001 Willow Lane, stated in the future he does not want to pay any more for his garbage hauling than he does currently. He stated he does not see that it matters how the job is accomplished just that it is done and does not cost any more money than what residents currently pay. He inquired who would police the entire recycling program and where the City would get the funding to start up garbage hauling on its own. Ms. Judy Thorbus, 6265 Brooklyn Drive, stated she is a letter carrier in the City of Plymouth. She noted Plymouth has a city -wide recycling program and in 1987, 10.5% of the City's wastes were being recycled. She noted the City has weekly drawings for participants of the recycling program. A man inquired what people were to do with hazardous wastes such as paint and turpentine. The City Manager noted the County has had programs in the past for people to dispose of these type of items. Mr. Dave Olson, 1501 73rd Avenue North, stated he has a Boy Scout troop in the northeast section of the City. He noted it is not profitable for his Boy Scout troop to pick up newspapers, but they do pick up enough computer paper from the 3 -10 -88 -2- area businesses to earn $50 per week. He stated he believes the City should support low tech ways of collecting recyclables. A man stated he would like to suggest the City purchase a truck which could be used to collect yard wastes, and in the winter this truck could be used as an extra plowing vehicle. Mr. Robert Larkin, 5631 Emerson Avenue North, inquired where the City is at this point on a solid waste plan. The City Manager stated within six months staff would have a plan ready to present to the City Council. Ms. Svitak, 5616 Dupont Avenue North, stated she learned the importance of recycling during the war. She stated she believes if we could get rid of the excess junk mail and excess packaging on small items it would help reduce the amount of recyclable materials. Mr. Bill Price, 5555 Dupont Avenue North, stated he does not believe the citizens of Brooklyn Center should have to go clear across town to get rid of grass clippings. He inquired if there would be any interest in a drop off area in Brooklyn Center for recyclables. Mr. Phil Roche, 5301 Brooklyn Boulevard, inquired if the citizens would have an opportunity to vote on the options when a plan is ready. The City Manager stated this could be a possibility. Ms. Theresa Wilson, 72nd and West River Road, inquired who would be paying for the separation containers. The City Manager stated that in some communities the citizens themselves pay for the separation containers, and in other communities the cities pay for part or all of these containers. The resident inquired what exactly was involved with recycling different items. Mr. Michaud stated if you are recycling glass or metal containers they must be rinsed out and in some cases the labels have to be taken off. Mr. Greg Peterson, 62nd and Brooklyn Drive, inquired if there were any representatives of the garbage haulers present this evening who could tell the audience if they will be starting any programs. A representative of Woodlake Sanitary Service stated his company will be starting a yard waste program this summer on a limited basis. The City Manager stated he would like to adjourn this meeting, but he noted that he and the other City staff and County representative would be available for any questions that people in the audience would like to have answered. The meeting adjourned at 9 p.m. 3 -10 -88 _3_ Pe lVee �,rL dG' �� J � t"�. 1,4 L'A