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HomeMy WebLinkAbout1988 03-14 CCP Regular Session l CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER MARCH 14, 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. Approval of Minutes: *a. February 16, 1988 - Public Hearing *b. February 22, 1988 - Regular Session 7. Proclamation: a. Declaring March 13 -20, 1988, as Camp Fire Birthday Week 8. Performance Bond Release. *a. Brookview Plaza, 5951 Earle Brown Drive 9. Resolutions: a. Accepting Proposal to Furnish and Install Automated Control System in the Makeup Air /Exhaust System of the City Garage b. Accepting Bid for the Police Department Remodeling, Phase III, Improvement Project No. 1988 -01, Contract 1988 -A *c. Approving Plans and Specifications for the Rehabilitation of Well House No. 5 (Located at 7001 Camden Avenue North) and Well House No. 6 (Located at 1207 69th Avenue North) Improvement Project No. 1987- 20, Contract 1987 -M *d. Establishing the 1988 Tree Removal Program, Approving Plans and Specifications, and Directing Advertisement for Bids, Improvement Project No. 1988 -11, Contract 1988 -G e. Changing Polling Location for Precincts 1, 4, and 9 CITY COUNCIL AGENDA -2- March 14, 1988 . *f. Authorizing he Ci of Brook Cent g Y Y t to Act as Contractor for a Grant and Authorizing the City Manager to Execute an Agreement -Crime Prevention grant from Department of Public Safety *g. Accepting Quote and Authorizing the Purchase of One (1) Street Roller -The purchase of this item was approved in the 1988 budget. *h. Declaring Surplus Property -62 lever type voting machines. *i. Declaring Surplus Property -Four General Electric radios and four pieces of street department equipment. j. Amending the 1988 General Fund Budget - Approving an appropriation to replace a cash register at the community center. 10. Planning Commission Item: (7:30 p.m.) a. Planning Commission Application No. 88001 submitted by Metropolitan Transit Commission requesting site plans /special use permit approval to build a ark and P P ride lot at the Church of the Nazarene at 501 73rd Avenue North -This item was recommended for approval by the Planning Commission at its February 11, 1988, and February 25, 1988, meetings. 11. Ordinances: (7:45 p.m.) a. Repealing Ordinance No. 87 -15 and Vacating Part of a Drainage and Utility Easement along the South Lot Line of Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition -This ordinance was first read on February 8, 1988, published in the City's official newspaper on February 18, 1988, and is offered this evening for a second reading. b. Amending Chapter 19 Relative to the Detection and Control of Tree Diseases -This item was first read on February 22, 1988, published in the City's official newspaper on March 3, 1988, and is offered this � his or a second g e nd reading. C. Amending Chapter 21 Regarding Public Transportation -This item was first read on February 8, 1988 published in the City's official newspaper on February 18, 1988, and is offered this evening for a second reading. The amendment will provide for the establishment of taxicab rates by City resolution. CITY COUNCIL AGENDA -3- March 14, 1988 d. Amending Chapter 29 Regarding Filing for Municipal Office -This item is offered this evening for a first reading. 12. Public Hearings: (8 p.m.) a. Public hearing regarding the proposed improvement of Logan Avenue North and North Lilac Drive from 57th Avenue North to 59th Avenue North (Street Improvement Project No. 1988 -04) 1. Resolution Ordering Improvement Project No. 1988 -04 and Preparation of Plans b. Public hearing regarding the proposed improvement of France Avenue North from south City limits to 50th Avenue North (Street Improvement Project No. 1988 -05) ; of Lakebreeze Avenue North between France Avenue North and Azelia Avenue North (Street Improvement Project No. 1988 -06); and of 50th Avenue North between T.H. 100 and France Avenue North (Street Improvement Project No. 1988 -07) 1. Resolution Ordering Improvement Projects No. 1988- 05, 1988 -06, and 1988 -07 and Preparation of Plans 13. Discussion Items: a. Year XIV Urban Hennepin County Community Development Block Grant Program 1. Resolution Approving Proposed Program for Year XIV Urban Hennepin County Community Development Block Grant Funds and Authorizing its Submittal b. Recommendation from Human Rights and Resources Commission Setting Priorities of Single Parent Family Issue C. Appointment of Brooklyn Center Director of the Hennepin Recycling Group d. Sales and Use Tax Letter Agreement e. Joint City - School District Meeting f. Recycling Program Report 14. On -Sale Nonintoxicating Malt Liquor License a. Centerbrook Golf Course *15. Licenses 16. Adjournment MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION FEBRUARY 16, 1988 CONSTITUTION HALL CALL TO ORDER The Brooklyn Center City Council met in special session and was called to order by Mayor Dean Nyquist at 7:32 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 Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, and Administrative Aid Patti Page. BILL KELLY HOUSE SPECIAL USE PERMIT The City Manager stated this special meeting of the Brooklyn Center City Council is being held to review new information which has been presented regarding the Bill Kelly House special use permit. He noted on Friday, February 12, 1988, the Bill Kelly House representatives requested the public hearing be rescheduled to allow them more time to prepare. He explained the City Council has basically three options before it this evening. The first being to adjourn this public meeting to a future date. He noted if this is the Council's action he would suggest scheduling this for mid - March. The second option would be a motion to close the public hearing. He noted this would preserve the status quo of the current permit. He stated the third option would be a motion instructing staff to prepare a resolution to modify the previous action taken by the Council. He stated the modifications to the previous action could be to rescind the permit; rescind the permit and suggest modifications to a new permit; or rescind the permit and deny the application completely. Mayor Nyquist inquired of the City Attorney if he had anything to add to the Cit y Manager's er's comments. The City Attorney noted the special use ermit has previously been approved p P y PP r ed but it has not yet been delivered to.the applicant. Mayor Nyquist then reopened the public hearing on a special use permit for Bill Kelly House. Mayor Nyquist recognized Hampton Dailey, 3900 France Place, who inquired if the residents of this facility would have the freedom to wander around the neighborhood and use Northport park. He added he felt the mentally ill and recovering alcoholics should not be allowed to wander freely throughout the neighborhood. Councilmember Hawes stated he believes the residents of the facility are encouraged to go out into the neighborhood as a part of the rehabilitation process. Mayor Nyquist then recognized Susan Lentz, attorney with the Legal Aid Society of Minneapolis. Ms. Lentz stated that she and the representatives of the Bill Kelly House do not feel there is any new information that has been presented to the Council. Ms. Lentz added that both she and the representatives of Bill 2 -16 -88 -1- a Kelly House are willing to answer all questions in writing. She noted a request had been made to the City Attorney for rescheduling of this meeting to allow for more preparation time. She stated that she and the other attorney for the representative have been out of town and had not seen the new information until recently. Mayor Nyquist then recognized Benny Rozman, owner of the Brookdale Ten Apartment complex. Mr. Rozman stated he believes this facility to be a private enterprise which is being funded by Hennepin County and Brooklyn Center residents' property taxes. He stated he did not believe the owner is investing in this house at all. Mr. Rozman explained that he is a realtor, and he did not feel the present apartment building to be worth more than $180,000, certainly not worth the $350,000 purchase price. Mr. Rozman stated he did not feel the residents of this facility belong in a community such as Brooklyn Center and especially not in this particular neighborhood. He added he believes the turnout of residents from the area this evening shows the neighbors' feelings. The Mayor then recognized Jim Pruchnicki, 5819 Halifax Avenue North. Mr. Pruchnicki stated he feels Brooklyn Center is an excellent place to live. He stated he is a recovering alcoholic and teaches firearm safety for teenagers. Mr. Pruchnicki stated he recently bought his home on Halifax Avenue North and if he had known about this proposed facility he would not have purchased this home. He added he has a good job and income which gives him more options than some people in the neighborhood, one of them being to move out of Brooklyn Center. He noted there are many elderly and young people who are not so fortunate that live within this neighborhood. He urged the Council to think about the good of the community and not the people who are threatening to sue the City. Mayor Nyquist recognized Henry Norton, administrator and owner of the Bill Kelly • House. Mr. Norton stated he personally purchased this building for $330,000. He noted if the building is used as a treatment center, the County will pay the interest on the loan and depreciation. He stated the treatment center would be allowed a 5% maximum profit. He added that 70% of all treatment centers in Minnesota are for profit. Mr. Norton pointed out the Bill Kelly House did not sue anyone regarding this issue, however, the neighborhood group did sue Bill Kelly House and the City. Mr. Norton went on to explain there has never been any incidents where a neighbor of a residential facility has been harmed in any way in the state of Minnesota. He noted the residents of the neighborhood have discussed how safe their neighborhood is and how nice it is to live in Brooklyn Center. He stated this is one of the reasons his facility was interested in locating in Brooklyn Center. Mayor Nyquist recognized Duke Dalrymple. Mr. Dalrymple stated there was a difference of $48,500 between the market value and the selling price of this apartment building. He went on to site examples of incidents throughout Minnesota where neighbors have been harmed by residents of this type of facility. Mayor Nyquist then recognized Sara Pollock, 7018 Girard Avenue North. Ms. Pollock stated she has had volunteer experience in a shelter during the night time hours. She added that she thinks everyone involved has their own selfish interests regarding the location of this facility. i 2 -16 -88 -2- r Mayor Nyquist recognized Bernie Barkow, 3530 53rd Avenue North. Mr. Barkow stated he has had his house appraised twice by two different companies. He stated each realtor has indicated his property value will decrease if this facility is permitted. He added that the real estate company must inform prospective buyers that this type of facility is in the neighborhood or the real estate company could be sued. Mayor Nyquist recognized Perry Domaas, 5143 Ewing Avenue North. Mr. Domaas pointed out if Mr. Norton is paying the principal on the loan and the County is paying the interest, then the County will be paying a much greater share of the cost of purchasing this apartment building than Mr. Norton. He added he would certainly like it if someone would pay the interest on his home loan. Mr. Domaas then inquired if the City could require the applicant to put up a bond which would be used to protect the property values in the neighborhood. An unidentified resident came forward and stated she believed the Council should be asking itself if this facility would be good for the community in which they live. Also, will this facility accomplish what it is intended to do. Mayor Nyquist recognized Hampton Dailey who stated he would not buy a home next to a facility of this type no matter what City it was in. Mayor Nyquist then recognized Bernie Ackerson, 3713 53rd Place. Mr. Ackerson stated he would like to have a copy of the letter which he sent to Commissioner Derus entered into the minutes for this evening's meeting. He noted his letter expressed his opinion and concerns relative to the Bill Kelly House. Mayor Nyquist recognized Darlene O'Donnell, 5144 Ewing Avenue North. Ms. O'Donnell stated she was confused regarding the curfew for the residents of the facility. She stated she has heard two different times stated at different meetings. Richard Ellis, Director of the Bill Kelly House, stated the curfew was 11 p.m. for week nights and 1 a.m. for Friday and Saturday night. Ms. O'Donnell inquired what residents of the facility would be doing until 1 a.m. on Fridays and Saturdays. She also inquired how the curfew is enforced and by whom. Mr. Ellis stated the staff enforces the curfew. He noted he was reluctant to answer how the curfew is enforced because he feels this is becoming an interrogation of how the house is run. Mayor Nyquist stated this resident has heard inconsistencies and this is one of the reasons for the public hearing being reopened. Mr. Ellis stated there are emergency procedures which staff follow for enforcing the curfew. He stated if a resident does not return to the house by curfew, the on -call person is notified. After 12 hours the police department would be notified of absence without leave regarding the resident. Mr. Ellis noted he is prepared to present written detailed information pertaining to these type of questions. Ms. Lentz added her client is prepared to answer all reasonable questions. Mayor Nyquist recognized Alice Kulek, 5348 Sailor Lane. Ms. Kulek stated she is quite upset by the evasiveness of Mr. Norton and all the representatives from the Bill Kelly House. She noted the residents of this neighborhood have some questions regarding the facilities, and they would like answers. 2 -16 -88 -3- s Mayor Nyquist then recognized Jim Pruchnicki who stated Mr. Ellis, Mr. Norton, and Ms. Lentz have repeatedly said they would answer the Council's questions and would respond to these questions in writing. He stated he feels the residents of Brooklyn Center have a right to hear these answers tonight. Councilmember Lhotka inquired if all the residents go out in the evening and asked Mr. Ellis to describe a typical evening's activity. Mr. Ellis stated on a recent Friday evening he was on duty at the Bill Kelly House and three of the residents were out on passes, three of the residents were attending an AA meeting together, four of the residents were in the house watching TV, and the rest of the residents were in their own rooms. He noted he felt this was a typical evening at the Bill Kelly House. Mayor Nyquist recognized Eric Lindgren, 5160 Drew Avenue North. Mr. Lindgren stated he believes the City Council feels there will be no real benefits to the City or its residents from this facility or else it would have granted their permit and allowed them to open a long time ago. He noted the expansion of the Maranatha Conservative Baptist Home was on the agenda at the time of the original application from Bill Kelly House. He added the Maranatha expansion is already under construction and it appears the Bill Kelly House application is going backwards. A resident stated the neighbors in this area are not so much concerned with the normal hours that residents of the facility are allowed out of the house but with the hours when residents of the facility may slip out the back door or a window. Mayor Nyquist recognized Bill Connelly, a representative from the Mental Health Association. Mr. Connelly stated from all data available, persons with a mental illness are no more dangerous than the general public. Mr. Connelly noted the Bill Kelly House has been compared to the Re -entry House, and he noted the Re- entry House is the only facility of this type in Minnesota. He added it is a very different facility than the Bill Kelly House. He stated after reviewing the police reports which the neighborhood group has submitted, there are no incidents involving the surrounding neighborhood and a resident, only police calls for incidents involving two residents or a resident and staff. He noted these type of incidents should not be of concern to the City Council. He added there is no evidence of harm coming to any neighbors of a facility of this type. Mr. Connelly went on to state that the City Council can only deal with the issue of property values if there is proof of a significant amount of loss of property value. He added that the feelings of the residents of this area are real, but the City Council cannot base their decision upon the residents' feelings. Mayor Nyquist inquired if Mr. Connelly's organization represents the mentally ill or recovering alcoholics. Mr. Connelly stated his organization basically represents the mentally ill, but they do also deal with mentally ill patients who have a diagnosis of other problems. Councilmember Theis referred Mr. Connelly to the listing of incidents at the Oasis House in Golden Valley. He inquired if Mr. Connelly had any information regarding the narcotics incident at this house. Mr. Connelly stated from the disposition of the report, assist /advised, it would seem that staff found a bottle or container with cocaine in it and turned it into the police department. Councilmember Theis i s 2 -16 -88 -4- inquired if Mr. Connelly knew this for a fact. Mr. Connelly stated he does not believe the police department would assist and advise the Oasis House staff unless this were e th case. Councilmember Theis inquired if this were fact or conjecture on Mr. P y Connelly 's art. Mr. Connell stated it could be considered conjecture on his part. He stated he received this description from the Bill Kelly House representatives and noted the disposition of the incident report is assist /advised. Mayor Nyquist noted there have been references made to new and additional information. He stated the information received may not necessarily be new, but it has been organized in such a way to assist the Council in separating fact, conjecture, and inconsistencies. Mayor Nyquist recognized Phillip Roche, 5301 Brooklyn Boulevard. Mr. Roche inquired of Mr. Connelly if he felt it would be in the best interest of the people he represents to place them in a house with 22 other people in a neighborhood that is afraid of them and most likely unfriendly towards them. Mr. Connelly stated the Mental Health Association has been involved in the rule making for these type facilities since 1981, and he believes it would be in the best interest of those that he represents to be placed in this type of facility. Mr. Roche stated it appears that the representatives of the Bill Kelly House do not have any response and it is a shame every time the Council, neighborhood, and Bill Kelly House meet that they have to start from the beginning again. Mayor Nyquist recognized Susan Lentz. Ms. Lentz stated that she and the Bill Kelly House representatives have been providing information to the City Council and the neighborhood for the past six months. She stated that neither she nor the representatives of Bill Kelly House are present this evening to duck questions. She noted they are more than happy to answer legitimate questions. She went on to state that she did not believe the alleged inconsistencies exist, and she would like to reserve her client's options to respond in writing to all questions. Mayor Nyquist recognized Richard Bodine who stated many of the residents of the area have tried to keep an open mind regarding this situation, and he does not believe the City should give in to the intimidation of threatened lawsuits by Bill Kelly House representatives. Mayor Nyquist then recognized Dan Drury, 5648 Northport Drive. Mr. Drury stated each resident of this area has different reasons and concerns for not wanting this facility in their neighborhood, but the commonality is that all residents of this neighborhood do not want the facility there. He noted the residents of the facility will be encouraged to mingle with the neighborhood residents even though the neighborhood does not want the facility located there. He added not only would the Brooklyn Center residents lose out, but the residents of the facility would also lose because they would not be wanted. Mayor Nyquist recognized Kathy Pruchnicki, 5819 Halifax Avenue North. She stated if she had to be placed in a facility of this type, she would want to be living in a neighborhood where the facility and its residents were accepted, not in a neighborhood where the facility and its residents were not wanted. 2 -16 -88 -5- Mayor Nyquist recognized Ulysses Boyd, 4807 Azelia Avenue North. Mr. Boyd stated he does not feel this facility would be good for a residential neighborhood, and he believes the City Council has a duty to the residents of Brooklyn Center. Mayor Nyquist inquired of Ms. Lentz if she had received a copy of the information presented by the neighborhood group. Ms. Lentz stated that she and the other legal representative did receive this information. She noted that she and the other representative have both been out of town and did not receive the packet of information until a couple of days ago. She noted they did not have time to prepare properly for this meeting and would like to be able to respond in writing. Mayor Nyquist noted if the Council agrees to allow more time for response from Bill Kelly House, the answers would have to be given in advance of the next public hearing. Mayor Nyquist recognized Ron Christensen, vice president of the Citizens for Better Government. Mr. Christensen stated he had spoken with many people including members of the Metropolitan Council, legislature, and County Commissioners regarding changes in the system for licensing and mandating these type of facilities. He noted some of the first steps have been taken to make these changes, and he would like to see the City Council deny this license until the system has been improved. Mayor Nyquist recognized Annece Johnson, 5512 East Twin Lake Boulevard. She stated there are many people represented in the legislature by lobbying groups. She noted it may be a good idea to have this neighborhood represented in the legislature by a lobbying group. A brief discussion then ensued regarding the target population for this facility, and Ms. .Lentz briefly reviewed the 24 conditions placed on the approval of the special use permit by the City Council and agreed to by the Bill Kelly House. Mayor Nyquist inquired which agreement, State, County, or City would be followed if a conflict were to arise. Ms. Lentz stated the Bill Kelly House intends to abide by the conditions set forth by the City Council. Mayor Nyquist recognized Jill Sherritt, 5237 Drew Avenue North. Ms. Sherritt stated this facility would be treating patients who are mentally ill and also chemically dependent. She noted there has been a new study recently completed which was reported on the ABC news. She went on to read excerpts from the article which states there is a direct correlation between the use of drugs and criminal activities. She added the state legislature is very interested in what is happening in Brooklyn Center regarding this issue. She then asked Ms. Lentz to read the condition prescribed by the City Council regarding the target population for the facility. Ms. Lentz went on to read condition No. 15 which stated the facility will not seek or obtain licensure from the Minnesota Department of Corrections. It also noted that persons being convicted of certain crimes within three years prior to applying for admission to this facility would also be excluded from the facility. Ms. Sherritt inquired if the conviction could be from any state or only Minnesota. Ms. Lentz stated it may be best to ask the City Attorney that question because she did not recall going into great detail on that condition. She added she would assume it would cover 2 -16 -88 _6_ all states except for the item which cites a Minnesota statute. The City Attorney stated he did not have the exact language of the condition in front of him to allow him to comment on Ms. Sherritt's question. Councilmember Theis stated he recently received a letter from a new homeowner in this neighborhood who clearly stated he was not informed of this situation; and if he had been aware of the proposed facility, he would not have bought this home and is strongly opposed to this facility in his neighborhood. Mayor Nyquist stated this letter and the information prepared by the neighborhood group would be included in the record of this evening's meeting. Councilmember Hawes inquired if the public hearing should be continued until a meeting date in mid - March. Councilmember Lhotka stated he did not see the Council had any other choice but to wait for a response from the Bill Kelly House representatives. Ms. Lentz stated she would like two weeks in which to prepare this response. The City Manager stated once the information is received from the Bill Kelly House representatives, City staff could distribute this information to the neighborhood group. He added that a specific public hearing date could be set at the March 14, 1988, City Council meeting. Mr. Roche indicated the neighborhood group would like at least two weeks to respond to the Bill Kelly House information. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to continue the public hearing regarding the Bill Kelly House application until March 28, 1988, at 8 p.m. The motion passed unanimously. Mayor Nyquist indicated the Bill Kelly House representatives should have their information turned in to the City by March 1, 1988, and the neighborhood group should turn in their information by March 14, 1988. There was a motion by Councilmember Theis and seconded by Councilmember Scott directing staff not to issue the special use permit for the Bill Kelly House until after the March 28, 1988, City Council meeting. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:40 p.m. City Clerk Mayor 2 -16 -88 _7_ a 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 FEBRUARY 22, 1988 CITY 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, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Administrative Aid Patti Page. INVOCATION The invocation was offered by Councilmember Scott. 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 in the audience 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. No requests were made. APPROVAL OF MINUTES - FEBRUARY 8 1988 - REGULAR SESSION There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the minutes of the February 8, 1988, City Council meeting. The motion passed unanimously. PROCLAMATION Councilmember Lhotka introduced the following proclamation and moved its adoption: DECLARING MARCH 6 TO 13, 1988, AS VOLUNTEERS OF AMERICA WEEK The motion for the adoption of the foregoing proclamation was duly seconded by member Bill Hawes, and the motion passed unanimously. RLS APPROVAL - EARLE BROWN FARM SITE There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the RLS for the Earle Brown Farm site. The motion passed unanimously. 2 -22 -88 -1- R RESOLUTIONS RESOLUTION NO. 88 -30 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACKNOWLEDGING GIFT FROM THE BROOKLYN CENTER LIONS CLUB The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and the motion passed unanimously. LICENSES There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to approve the following list of licenses: BULK VENDING K -Mart 5930 Earle Brown Drive CATERING FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. CIGARETTE Blvd. Superette 6912 Brooklyn Blvd. Consumer Vending 2828 Lyndale Ave. S. Bridgeman's 6201 Brooklyn Blvd. FOOD ESTABLISHMENT Brooklyn Center Baptist Church 5840 Humboldt Ave. N. Northbrook Alliance Church 6240 Aldrich Ave. N. . Subs Etc. 6048 Shingle Creek Pkwy. GASOLINE SERVICE STATION Northwestern Bell 6540 Shingle Creek Pkwy. ITINERANT FOOD ESTABLISHMENT Brooklyn Center Lioness 6301 Shingle Creek Pkwy. LODGING ESTABLISHMENT Holiday Inn 2200 Freeway Blvd. MECHANICAL SYSTEMS Airco Heating and Air Cond. Co. 4014 Central Ave. NE Dickey's Heating and Air Cond, 17139 Verdin St. NW Energy Heating Services Route 3, Box 170A NONPERISHABLE VENDING MACHINES Bro- Midwest Vending Company 8850 Wentworth Ave. S. American Legion 4307 70th Ave. N. Beacon Bowl 6525 Lyndale Ave. N. Days Inn 1501 Freeway Blvd. Pilgrim Cleaners 5748 Brooklyn Blvd. Earle Brown Bowl 6440 James Circle Five Star Vending 15034 Fillmore St. NE i 2 -22 -88 -2- I Hiawatha Rubber 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. Jimmy Jingle 1304 East Lake St. Brookdale Corporate Center 6300 Shingle Creek Pkwy. Fingerhut Telemarketing 6860 Shingle Creek Pkwy. Johnson Control 1801 67th Ave. N. Palmer Lake Plaza 6860 Shingle Creek Pkwy. K -Mart 5930 Earle Brown Dr. Maranatha Conservative Baptist Home 5401 69th Ave. N. NSI /Griswold Co. 8300 10th Ave. N. Brookdale Pontiac 6801 Brooklyn Blvd. Lynbrook Bowl 6357 N. Lilac Dr. Travelers North 6601 Shingle Creek Pkwy. Twin City Vending Co., Inc. 1065 E. Highway 36 Highland Superstore 5951 Earle Brown Dr. PERISHABLE VENDING MACHINES Bro- Midwest Vending Company 8850 Wentworth Ave. S. Beacon Bowl 6525 Lyndale Ave. N. Canteen Corporation 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. Hoffman Engineering 6350 James Ave. N. Five Star Vending 15034 Fillmore St. NE Hiawatha Rubber 1700 67th Ave. N. Mikros Engineering 3715 50th Ave. N. Jimmy Jingle 1304 East Lake St. Brookdale Corporate Center 6300 Shingle Creek Pkwy. Fingerhut Telemarketing 6860 Shingle Creek Pkwy. Palmer Lake Plaza 6860 Shingle Creek Pkwy. TCR Corporation 1600 67th Ave. N. Maranatha Conservative Baptist Home 5401 69th Ave. N. NSI /Griswold Corporation t 8300 10th Ave. N. Travelers North 6601 Shingle Creek Pkwy. PUBLIC DANCE Holiday Inn 2200 Freeway Blvd. READILY PERISHABLE FOOD VEHICLE Bridgeman's 6201 Brooklyn Blvd. Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. RENTAL DWELLINGS Initial: James & June Ullom 6300 France Ave. N. Robert M. Zappa 6637 Humboldt Ave. N. Darrel Farr Development 4201 Lakeside Ave. N. #106 Darrel Farr Development 4201 Lakeside Ave. N. #218 Joseph A. McFadden 4201 Lakeside Ave. N. #316 Darrel Farr Development 4207 Lakeside Ave. N. #233 Darrel Farr Development 4207 Lakeside Ave. N. #237 2 -22 -88 -3- Renewal: Egons Podnieks Garden City Court Apts. Invespro V Limited Partnership Unicorn Apts. Willwerscheid, Robbins, Rafter 6331, 6401, 6425 Beard Ave. M & J Properties 1537 Humboldt Place M & J Properties 1543 Humboldt Place Martin & Barbara O'Hara 4201 Lakeside Ave. N. #113 Daniel & Nadia Graskow 4201 Lakeside Ave. N. #310 Dr. Akbar Sajady 4207 Lakeside Ave. N. #131 Dr. Akbar Sajady 4207 Lakeside Ave. N. #224 United Homes Corporation 4207 Lakeside Ave. N. #228 United Homes Corporation 4207 Lakeside Ave. N. #238 Dr. Akbar Sajady 4207 Lakeside Ave. N. #326 Molitor & Associates 6900 Toledo Ave. N. John M. Guider 5115 East Twin Lake Blvd. Gladys Schwartz 4006 65th Ave. N. John & Patricia Devries 2911 68th Lane North SPECIAL FOOD HANDLING ESTABLISHMENT Burger Brothers, Inc. 5927 John Martin Dr. C.O.M.B. Company 5425 Xerxes Ave. N. Children's Palace 5900 Shingle Creek Pkwy. M & S Drug Emporium 5900 Shingle Creek Pkwy. Kay -Bee Toy & Hobby 1320 Brookdale Center Maid of Scandinavia Company 5717 Xerxes Ave. N. Power Plus 1700 Freeway Blvd. Snyder Brothers Drug Store 1296 Brookdale Center Total Petroleum, Inc. 6830 Brooklyn Blvd. The motion passed unanimously. RESOLUTIONS CONTINUED The City Manager presented a Resolution Accepting Proposals for Water Improvement Project No. 1987 -24 (Reconditioning Well No. 6) and a Resolution Establishing Project and Accepting Proposal for Water Improvement Project No. 1988 -09 (Reconditioning Well No. 8). He stated the Director of Public Works would like to review these two resolutions at the same time. The Director of Public Works briefly reviewed the resolutions and the staff recommendations for these items. Councilmember Lhotka inquired why there was such a large difference in cost for the two pumps. The Director of Public Works stated the two pumps are different sizes and this accounts for the considerable difference in cost. Councilmember Scott inquired when the work would be completed on these two pumps. The Director of Public Works stated the work should be completed by mid -May. RESOLUTION NO. 88 -31 Member Bill Hawes introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING PROPOSALS FOR WATER IMPROVEMENT PROJECT NO. 1987 -24 (RECONDITIONING WELL NO. 6) 2 -22 -88 -4- The motion for the adoption of the foregoing resolution was duly seconded by member Rich Theis, and the motion passed unanimously. RESOLUTION NO. 88 -32 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT AND ACCEPTING PROPOSAL FOR WATER IMPROVEMENT PROJECT NO. 1988 -09 (RECONDITIONING WELL NO. 8) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and the motion passed unanimously. DISCUSSION ITEMS WATER QUALITY IMPROVEMENT - STATUS UPDATE The City Manager stated over the past four to five years the City has been trying to correct and stablize the water quality problems in the west central area of the City. He noted during this time the City has developed a low cost solution based on operation and maintenance procedures rather than on the replacement of the unlined cast iron pipes which are the basic cause of the problem. The Director of Public Works went on to explain what the current operation and maintenance program consists of. He noted three of the main causes of these water quality problems are unlined cast iron water mains which were installed approximately 30 years ago; smaller water mains were installed in this area than in other parts of the City; and this area is at the opposite end of the City from the water supply. The Director of Public Works stated if the quality of water now being delivered to this area is still considered unacceptable by the Council or the residents, staff would recommend the initiation of a water main replacement program. He stated even though there has been a marked improvement in the water quality in this area, the City continues to receive a number of complaints regarding bad water. He went on to review two site maps which showed the area of complaints and noted it would cost $2,658,320 to replace the water mains for this entire neighborhood. He stated this is the worst case scenario. He noted a smaller area could be replaced which would cover the vast majority of complaints. He stated this area was between 63rd and 64th Avenues North from Perry Avenue North west to Unity Avenue North. He stated replacement of this area would cost $666,270. He added this would not completely resolve all problems because the service lines to the homes and the water lines within the homes would not be replaced. He went on to review the proposed special assessment payments schedule and noted staff is recommending 35% of the cost of replacement be levied against special assessments. He went on to explain that he does not believe City staff or the City Council should recommend a starting point rather a public information program should be started and the improvement would take place only after receipt of a petition from the neighborhood. Councilmember Theis inquired if staff has determined the smallest area of the neighborhood that could be replaced to affect the greatest change. The Director of Public Works stated staff is recommending the area between 63rd and 64th Avenues North from Perry Avenue North west to Unity Avenue North be replaced. Councilmember Theis stated he was concerned that a street or section of this 2 -22 -88 _5_ R neighborhood would not be replaced, yet they would reap the benefits from another section that was replaced without paying the special assessment. . Councilmember Lhotka inquired as to the feasibility of relining the existing water mains. The Director of Public Works stated this has been done but usually only on larger water mains. He noted the City of Minneapolis has recently done some relining, and the cost of relining the water mains was higher than the cost of replacing them. A discussion then ensued regarding the three sources of water in the area and the circulation patterns for the neighborhood. Councilmember Theis expressed some concern for the City being held liable if the water system in this area gets worse instead of better. The Director of Public Works stated staff is recommending the Council adopt a policy which would state the City could not be held liable for any future problems resulting from this work. The City Manager pointed out a number of residents in this area have never had any water quality problems at all, yet their neighbors next door or across the street could be experiencing a number of problems. He stated staff and consultants have never been able to explain why this happens. There was a motion by Councilmember Theis and seconded by Councilmember Lhotka directing staff to develop a public information program and formalize the City's policies and procedures regarding this matter. The motion passed unanimously. REVENUE OPTIONS ANALYSIS - LOCAL GOVERNMENT AID The City Manager briefly reviewed the status of local state aid and stated City staff is recommending the Council support the Association of Metropolitan Municipalities position. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes directing staff to establish as a City policy the position and principals outlined by the Association of Metropolitan Municipalities and also directing staff to work with the different lobbying groups and legislature to work within these principals. The motion passed unanimously. YEAR 2000 PLANNING PROCESS The City Manager stated he would like the planning process to be spread over two evening meetings to be held in April. He noted the first session would be a session designed to discuss and develop a listing of issues and goals, and the second session would be a goal setting prioritizing meeting. He noted prior to the initial session a questionnaire could be sent out to commission members committee members, staff members, and the City Council with some suggested issues and goals and space for individuals to make their own suggestions. He noted sometime between the two evening meetings a second questionnaire could be sent out to all participants of the initial session asking them to establish their own priorities. Councilmember Lhotka stated he felt those people that were present at the initial Year 2000 meeting in 1987 benefited greatly from the process. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott approving the suggested goal setting prioritizing process and directing staff to implement the process. The motion passed unanimously. 2 -22 -88 -6- .1 P ORDINANCES AN ORDINANCE AMENDING CHAPTER 19 RELATING TO PETTY AND THEFT RELATED OFFENSES The City Manager stated this item was first read on January 25, 1988, published in the City's official newspaper on February 4, 1988, and is scheduled this evening for a second reading. He noted the amendment would eliminate "justice of the peace" from the ordinance and also make the penalty sections consistent with other such sections of the City ordinances. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 19 Relating to Petty and Theft Related Offenses. He inquired if there was anyone present who wished to speak at the public hearing. No one requested to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 19 Relating to Petty and Theft Related Offenses. The motion passed unanimously. ORDINANCE NO. 88 -02 Member Rich Theis introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 19 RELATING TO PETTY AND THEFT RELATED OFFENSES The motion for the adoption of the foregoing ordinance was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases. He explained the current ordinance limits the City to the control of dutch elm disease, but if the ordinance were amended it could cover all infectious tree diseases. He noted this ordinance is offered this evening for a first reading. There was a motion by Councilmember Scott and seconded by Councilmember Theis to approve for first reading An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases and setting a public hearing date for March 14, 1988, at 7:45 p.m. The motion passed unanimously. PLANNING COMMISSION ITEM PLANNING COMMISSION APPLICATION NO. 88001 SUBMITTED BY METROPOLITAN TRANSIT COMMISSION REQUESTING SITE PLANS SPECIAL USE PERMIT APPROVAL TO BUILD A PARK AND RIDE LOT AT THE CHURCH OF THE NAZARENE AT 501 73RD AVENUE NORTH The City Manager noted the applicant has requested this item be laid over to allow them opportunity to pursue another alternative. There was a motion by Councilmember Lhotka and seconded by Councilmember Hawes to table Planning Commission Application No. 88001 submitted by Metropolitan Transit Commission. The motion passed unanimously. 2 -22 -88 _7_ 1_ OTHER BUSINESS The City Manager referred the Mayor and City Councilmembers to a copy of Senate File No. 1626 which is a bill relating to health and human services. He noted this bill has to do with the siting of multifamily residential facilities in single family zones. He noted that Phil Carruthers, the Association of Metropolitan Municipalities, and the League of Minnesota Cities are aware of this bill and are lobbying against it. There was a motion by Councilmember Lhotka and seconded by Councilmember Scott directing staff to write a letter to Brooklyn Center's representatives in the legislature citing the City's opposition to this bill. The motion passed unanimously. Mayor Nyquist inquired if it would be possible to urge a statewide moratorium in the legislature. The City Manager stated it could be possible. There was a motion by Councilmember Scott and seconded by Councilmember Theis directing staff to prepare a letter expressing the need for revision of current citing rules, considering a legislative audit review of the effectiveness of these type of facilities and considering a statewide moratorium on the citing of new or existing facilities. The motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Scott and seconded by Councilmember Hawes to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:53 p.m. City Clerk Mayor 2 -22 -88 -8- 70, PROCLAMATION DECLARING MARCH 13 - 20 1988 AS CAMP FIRE BIRTHDAY WEEK WHEREAS, Camp Fire, Inc., the national youth organization, will be celebrating its 78th birthday on March 17, 1988; and WHEREAS, the Minneapolis Council of Camp Fire in the State of Minnesota offers our young people the opportunity of informal educational programs which combine group activities with the development of individual talents, as well as offering flexible programming focused on encouraging life skills education for young people to age twenty -one; and WHEREAS, as a community organization, Camp Fire is concerned with preserving the environment, adapting to social change, the application of democratic standards and stimulating and guiding young people; and WHEREAS, in Camp Fire, recognition of accomplishments is combined with the encouragement to use developing skills to serve others in the community; and WHEREAS, Camp Fire is commended for the opportunities its programs offer to young people in the City of Brooklyn Center and throughout the nation and for the many services these young people perform for their communities as Camp Fire members. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota do hereby proclaim the week of March 13 through March 20 1988, to be Camp Fire Birthday Week in the City of Brooklyn Center. Date Mayor Seal Attest: Clerk Fal MEMORANDUM TO: Ronald A. Warren, Director of Planning and Inspection FROM: Gary Shallcross, Planner SUBJECT: Performance Guarantee DATE: March 7, 1988 The following performance guarantee is recommended for release: 1. Brookview Plaza Shopping Center 5951 Earle Brown Drive Planning Commission Application No. 86008 Amount of Guarantee - $10,000 bond Obligor - Shingle Creek Plaza II All site improvements have been completed and as -built utility survey has been submitted. The City Engineer has stated that a manhole at the property line need only be required if a restaurant goes into the shopping center. Recommend total release. Approved Ronald A. Warren, Director of Planning and Inspection CITY OF BROOKLYN CENTER Council Meeting Date -3 Agenda Item Number gQ. REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL AUTOMATED CONTROL SYSTEM IN THE MAKE -UP AIR /EXHAUST SYSTEM OF THE CITY GARAGE DEPT. HEAD'S APP OV L: DIREC 0 OF P IC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report 6v Comments below /attached SUMMARY EXPLANATION: Yes (supplemental sheets attached ^� The City Garage is currently equipped with a make -up air /exhaust system for the purpose of removing noxious gases from the workshop area. This system brings in fresh outside air, heats it to room temperature, and exhausts an equal amount of air whenever it is operating. Because the existing system is not equipped with sensors which detect the presence (or absence) of noxious gases, it operates continuously whenever the building is occupied (i.e.; 16 hours per workday). An analysis of this workspace indicates that noxious gases occur less than 30% of the workday period, and that the energy savings which would occur by having it operate only when needed have a value estimated at $3060 /year (natural gas and electrical costs). The 1988 budget provided an appropriation of $3000 to furnish and install an automated control system. Accordingly, a technical specification was prepared and proposals requested, for installation of an automated control system. As shown in the attached resolution, the lowest proposal received is in the amount of $4969.00. Our evaluation of all proposals indicates that they exceeded the budgeted amount because the budgeted amount was based on a preliminary estimate which did not fully comprehend the technical requirements of the Building Code and OSHA standards. It is also noted, however, that the "pay -back period" for this improvement, even at the increased cost, is 1.62 years. RECOMMENDATION I recommend that additional funds be appropriated to cover the increased cost, and that the proposal of Atkins Mechanical, Inc. be accepted. A resolution for this purpose is submitted for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING PROPOSAL TO FURNISH AND INSTALL AUTOMATED CONTROL SYSTEM IN THE MAKE -UP AIR /EXHAUST SYSTEM OF THE CITY GARAGE WHEREAS, the 1988 budget for Division 19 of the General Fund provides an appropriation of $3000 for the furnishing and installation of an automated control system in the make -up air /exhaust system of the City Garage; and WHEREAS, the Director of Public Works has obtained the following proposals to furnish and install such system in accordance with technical specifications which meet the requirements of the Building Code and OSHA standards: Atkins Mechanical, Inc. $4969.00 Hovde Plumbing and Heating, Inc. 5280.00 General Sheet Metal Corporation 5980.00 AND, WHEREAS, the Director of Public Works has advised the City Council that the estimated value of energy savings resulting from this installation is $3060 per year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The sum of $1969.00 is hereby appropriated from the Capital Projects Fund Balance to the Government Buildings Division 19 of the General Fund for use in financing this proposed improvement. 2. The estimated project costs will be financed as follows: 1988 appropriation pp priation to Division 19 of the General Fund a $3000.00 Supplemental appropriation approved by this resolution 1969.00 Total a $4969.00 3. The proposal submitted by Atkins Mechanical, Inc. is hereby accepted. The City Manager is hereby authorized and directed to enter into contract with said company to complete the specified work at their proposed price of $4969.00. 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 2-1 y IFIF Agenda Item Number 9b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BID FOR THE POLICE DEPARTMENT REMODELING, PHASE III, IMPROVEMENT PROJECT 1988 -01, CONTRACT 1988 -A DEPT. HEAD'S APBROVA ; DIRECTOR VF PUBLIC W RKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Y PS ) On December 14, 1987 the City Council adopted Resolution No. 87 -241, which established Improvement Project 1988 -01, Remodeling of Police Department - Phase III." Included in the project are: (1) redecorating of the squad room, investigators area, hallways, locker rooms, and service areas, (2) remodeling of the booking counter area, and (3) remodeling of the jail areas in accordance with recommendations of the Minnesota Dept. of Corrections. The architect's estimate of contract costs, as approved within Resolution No. 87 -241 was $60,970 ($52,625 basic estimate, plus $7050 for a 15% contingency, plus $1295 for video system improvements). Plans and specifications, as prepared by architects Carlson Mjorud & associates (CMA) were approved by the City Council on 2/8/88 and bids were received and opened on March 8, 1988. As shown in the attached resolution, 14 bids were received with the low bid being in the total amount of $30,880. While the low bid is almost 50% below the Architect's estimate, it is noted that the second bid is $35,890 (16% higher than the low bid) and that 5 other bids all less than $40,000 were submitted. (Continued) At our request, CMA has begun to review the low bid and has reported the • following: 1. A representative of that company did attend the pre -bid conference which was conducted on March 2, 1988 in an attempt to assure that all bidders would be fully aware of the project requirements, and with the terms and conditions of the contract. 2. CMA has asked the low bidder to again review his bid. After doing so, the bidder has advised that he is confident that his bid is correct. 3. CMA also requested the low bidder to submit information regarding other clients they have worked for and projects they have completed. Three references were checked and all reported full satisfaction with this contractors work. Accordingly, we recommend award of the contract to the J. S. Cates Construction Co. 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 ACCEPTING BID FOR THE POLICE DEPARTMENT REMODELING, PHASE III, IMPROVEMENT PROJECT NO. 1988 -01, CONTRACT 1988 -A WHEREAS, pursuant to an advertisement for bids for Improvement Project No. 1988 -01, bids were received, opened, and tabulated by the City Clerk and Director of Public Works, on the 8th day of March, 1988. Said bids were as follows: Bidder Bid Amount J.S. Cates Construction Company $30,880 Engco General Contractors 35,890 Marco Construction 37,553 Parkos Construction Company, Inc. 37,639 TCI General Contractor 37,996 Gladstone Construction Company 38,128 Roy Nordenstrom 39,890 David N. Volkmann Construction, Inc. 44,530 Nelson Brothers Construction, Inc. 47,700 Socon Construction, Inc. 51,700 Gem Construction, Inc. 55,974 Merrimac Construction 57,839 Shaw - Lundquist Associates, Inc. 64,000 Hagman Construction, Inc. 67,500 AND, WHEREAS, it appears that J.S. Cates Construction Company of Hamel, 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 $30,880.00, with J.S. Cates Construction Company of Hamel, Minnesota in the name of the City of Brooklyn Center, for Improvement Project No. 1988 -01 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. Funding for this project is provided in Division 19 (Government Buildings) of the General fund, as provided by Resolution No. 87 -241. RESOLUTION NO. 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 Meetin Date 2 - /�i� -� � Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF WELLHOUSE NO. 5 (LOCATED AT 7001 - CAMDEN AVENUE NO.) AND WELLHOUSE NO. 6 (LOCATED AT 1207 - 69TH AVENUE NO.) IMPROVEMENT PROJECT NO. 1987 -20, CONTRACT 1987 -M. DEPT. HEAD'S APPROV � L: DIREC OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) On November 23, 1987 the City Council adopted Resolution No. 87 -220 which: (1) approved conceptual plans for the rehabilitation of Wellhouse No. 5 (located at 7001 Camden Avenue No.) and Wellhouse No. 6 (located at 1207 69th Avenue No.); • and (2) authorized the architectural firm of Johnson -Smith Architects to prepare plans and specifications for this improvement project. The estimated contract costs for the improvements are $9600 for Wellhouse No. 5 and $34,200 for Wellhouse No. 6. The architects have now completed preparation of plans and specifications for this work. These specifications provide for installation of an "adhered: EPDM" roof system on the "flat" portions of the roof, with the contractor having the option of developing the slope required to develop positive drainage from those sections by the use of either: (1) a tapered insulation system or, (2) by use of a system of.2" furring strips of varying thickness covered by 1/2" plywood sheathing and uniform thickness insulation. RECOMMENDATION It is requested the City Council approve the plans and specifications and authorize advertising for bids. A resolution approving the plans and and specifications and authorizing advertising for bids is provided for consideration by the City Council. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR THE REHABILITATION OF WELLHOUSE NO. 5 (LOCATED AT 7001 - CAMDEN AVENUE NO.) AND WELLHOUSE NO. 6 (LOCATED AT 1207 - 69TH AVENUE N0.) IMPROVEMENT PROJECT NO 1987 -20 CONTRACT 1988 -M. WHEREAS, pursuant to Resolution No. 87 -220 the firm of Roger Johnson- Richard Smith Architects, Inc. has prepared plans and specifications for the rehabilitation of Wellhouses No. 5 and No. 6 and have submitted them to the City Council for review and approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The plans and specifications as prepared by the architects are hereby approved. 2. The City Clerk is hereby authorized and directed to prepare and cause to be published, advertisement for bids for the making of such improvement under such approved plans and specifications. The advertisement shall be published as required by law. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for five percent (5%) of the amount of such bid. 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. i CITY OF BROOKLYN CENTER council Meeting Date Agenda Item Number l d REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING THE 1988 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS FOR TREE REMOVAL AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1988 -11, CONTRACT 1988 -G *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. HEAD'S APPROVA DIRECTOR F PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report ) Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Annually, the City of Brooklyn Center establishes a Shade Tree Removal Project. This project is established in order to expedite the removal of diseased shade trees and other nuisance trees as designated by the City. The administration of the diseased shade tree program was automated in 1986. Although the 1986 program ran fairly smooth as a result, it was decided that further modifications were needed to speed up the removal of trees with non- responding owners. That "fast track" system was initiated last year and improved the efficiency of that portion of the system. We will continue to use the "fast track system again this year. Another feature added to the program in 1987 was the availability of a second contractor.. The specifications will, again this year, allow the City to assign work to a secondary contractor, if the primary contractor fails to perform satisfactorily or if the total volume of trees to be taken within the 14-day work period is greater than 900 inches and the primary contractor is unwilling or unable to take the additional amount. I have attached a summary of the shade tree removal work from 1973 to 1987. For 1988 we estimate the program to be about the same as 1987. RECOMMENDATION It is recommended the Council adopt the attached resolution establishing the project, approving plans and specifications and directing advertisement for bids. i Member introduced the following resolution and moved 9� its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING THE 1988 TREE REMOVAL PROGRAM, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 1988 -11, CONTRACT 1988 -G BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The following project is hereby established: TREE REMOVAL IMPROVEMENT PROJECT NO. 1988 -11 2. The specifications for said said improvement project are approved and ordered filed with the City Clerk. 3. The City Clerk shall prepare and cause to be inserted at least twice in the official newspaper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved specifications. The advertisement shall be published as required by law, specify the work to be done, state that said bids will be received by the City Clerk until the date and time specified, at which time they will be publicly opened at the City Hall by the City Clerk and City Engineer. Subsequently the bids will then be tabulated and will be considered by the City Council at a meeting of the City Council. The advertisement shall state 0 that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5 percent of the total amount of such bid. 4. The accounting for the project shall be in the Tree Removal 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. 0 DISEASED TREE REMOVAL SUMMARY THROUGH 1987 1 73 1 74 1 75 1 76 1 77 1 78 1 79 1 80 1 81 1 82 1 83 1 84 1 85 1 86 1 87 TOTAL - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - - - -- Number of Positive DED 6 34 47 267 614 712 487 478 583 389 288 517 574 389 272 5,570 Number of Positive Oak Wilt 0 4 0 0 3 0 0 0 0 0 0 0 0 0 0 3 - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- -- - -- - -- - -- - - - -- TOTAL TREES REMOVED 6 38 47 267 617 712 487 478 583 389 288 517 574 389 272 5,573 Number of brush piles, logs 128 44 58 47 41 45 25 39 21 5 453 noted and removed Number stumps (boulevard) 102 6 3 1 18 27 16 15 12 17 217 noted and removed I Number stumps (private 68 19 13 14 11 2 4 18 0 1 150 noted & debarked or removed # of trees removed in 1986 BLVD PRIV PARK TOTAL Reforestation projects were done in 1977 -1981 with totals as follows: by Contractor 89 102 0 191 Year Trees by City /State Crews 0 0 13 13 '77 90 by Owner 3 65 0 68 1 78 90 '79 90 Totals 92 167 13 272 1 80 75 '81 75 # of stumps only removed or debarked in 1987 by Contractor 4 by Owner 14 CITY OF BROOKLYN CENTER Council Meetin Date 3/14/88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION CHANGING POLLING LOCATION FOR PRECINCTS 1, 4 & 9 DEPT. HE 'S APP OV L: -- 11 Signature - title _ *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Minnesota Statutes Section 2048.16 requires all polling places to be accessible and usable by handicapped and elderly voters. Precinct 1, located at Harron Methodist Church, 5452 Dupont Avenue North, is not handicap accessible. After voting by paper ballot, handicapped voters will have to carry their ballot down a flight of steps to reach the optical scanner and insert their ballot. Centerbrook Clubhouse, 5500 North Lilac Drive, meets all legal requirements and can accommodate Precinct 1 as a polling location. The entrance to St. Alphonsus School is also not handicap accessible. A temporary ramp was built and installed by our Street Department crew before an election to accommodate this requirement. Temporary signs were also put up in the school parking lot for two handicap parking spaces. In checking out Willow Lane School facilities, located at 7020 Perry Avenue North, I find the gym is available and can accommodate Precincts 4 & 9 as a polling location. The facilities meet all legal requirements for accessibility to handicapped and elderly voters. The school is located in Precinct 4, and the centerline of Perry Avenue is the east boundary line for Precinct 9. RECOMMENDATION Motion to waive the reading and adopt RESOLUTION CHANGING POLLING LOCATION FOR PRECINCTS 1, 4 & 9 9� Member introduced the following resolution and moved its adoption: j• RESOLUTION NO. RESOLUTION CHANGING POLLING LOCATIONS FOR PRECINCTS 1, 4. & 9 WHEREAS, Chapter 204B.16 of Minnesota Statutes provides that the City Council designate polling places; and WHEREAS, Chapter 204B.16 requires all polling places to be accessible and usable by handicapped and elderly voters; and WHEREAS, the present polling place for Precinct 1, located at Harron Methodist Church, 5452 Dupont Avenue North, is not handicap accessible; and WHEREAS, Centerbrook Clubhouse, 5500 North Lilac Drive, meets all legal requirements and can accommodate Precinct 1 as a polling location; and WHEREAS, the present polling place for Precincts 4 & 9, located at St. Alphonsus School, 7025 Halifax Avenue North, is not handicap accessible; and WHEREAS, Willow Lane Elementary School (School District #279), located at 7020 Perry Avenue North, meets all legal requirements and can accommodate Precincts 4 & 9 as a polling location: NOW, THEREFORE, BE IT RESOLVED that the polling location for Precinct 1 be changed to Centerbrook Clubhouse, 5500 North Lilac Drive, and the polling location for Precincts 4 & 9 be changed to Willow Lane Elementary School, 7020 Perry Avenue North. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. BROOKLYN PARK BORDER W. Q 4 �r a� �P w ¢ a 69TH AVE. N. 69TH AVE. N. Z w 69TH AVE. N. Lu > < _ Y 9 0 > cRFF r a r a p y Z ?} /. 'qY Y � }� 9q 66TH AVE. N. U 63RD AVE. N. n 9 2 9 0 ��r Q 4 61ST AVE. N. 7 ? � co U h 0 Z 58TH AVE. N. N 58TH AVE. N. Ir w p z 0 53RD AVE. N. U Z w Q N w x cr w x ROBBINSDALE BORDER Member introduced the following resolution and moved adoption: RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY OF BROOKLYN CENTER TO ACT AS CONTRACTOR FOR A GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WHEREAS, the Brooklyn Center Crime Prevention Fund would like to make application for a matching fund rant from the PP g g Department of Public Safety; and WHEREAS, the gant money can only be given to an organization with taxing powers; and WHEREAS, the Brooklyn Center Crime Prevention Fund has requested the City of Brooklyn Center to act as contractor for this grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City is hereby authorized to act as contractor for a crime prevention grant from the Department of Public Safety. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute said agreement. 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. MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: Jim Lindsay, Chief of Police DATE: March 2, 1988 SUBJECT: Crime Prevention Grant Officer David Grass, representing the Brooklyn Center Crime Prevention Fund, was authorized by that organization to make application for a $2,000.00 matching fund crime prevention grant from the Department of Public Safety. The Crime Prevention Fund has committed the $2,000.00 match. When Grass first contacted Stephen Hennessy, Assistant Superintendent of the BCA, he was informed that the Brooklyn Center Crime Prevention Fund could make application for the grant. Grass, as Vice President of the Crime Prevention Fund,, completed the grant application and submitted it to the BCA. The grant was approved and returned to the Crime Prevention Fund for signature. It was at that time the Crime Prevention Fund was notified that because the grant money comes from federal funds, the grant money must be given to organizations with taxing powers. Subsequently, the City of Brooklyn Center is the only one that has authority to sign the contract. THe grant monies have been designated by the Crime Prevention Fund to be used for educational materials, i.e. posters, booklets, et cetera. The members of the Crime Prevention Fund would appreciate that the City act as contractor for the grant. Other than paperwork, there should be no cost to the City; although it is possible for the Crime Prevention Fund, using grant money, to pay an administrative fee to the City for administering the grant. WpP� \fir OAP STATE OF MINNESOTA ,rE a MINN Department of Public Safety State and Local Assistance for Community unity Crime Prevention Contractor Agreement THIS AGREEMENT is entered into by and between the State of Minnesota through its Department of Public Safety and City of Brooklyn Center N ame of on rac or 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430 ress Social Security or MN Tax I.D. No. for the ur oses of P providing additional P p g a tional educational material, personnel, equipment, personnel training and supplies for more effective community crime prevention. NOTICE TO CONTRACTOR: You are required by Minnesota Statutes, 1981 Supple- ment, ection to provide your social security number or Minnesota tax identification number if you do business with the State of Minnesota. This information may be used in the enforcement of federal and state tax laws. Supplying these numbers could result in action to require you to file state tax returns and pay delinquent state tax liabilities. This contract will not be approved unless these numbers are provided. These numbers will e avail- a e to e era an state tax authorities anU state personnel involved in the payment of state obligations. WHEREAS, the State of Minnesota, Department of Public Safety, (hereinafter State) has been designated to administer the Community Crime Prevention funds available through the Federal Justice Assistance Act of 1984; and WHEREAS, the Crime Prevention Advisory Board has determined the following priority areas: a) neighborhood watch, b) operation I.D., c) security surveys, d) citizen patrols, e) escort services, f) block homes /safe houses, g) public education, h) other programs determined by the Advisory Board to be an appro- priate use of the monies, and WHEREAS, the Contractor's proposed project demonstrates a commitment to com- munity crime prevention; and WHEREAS, the Contractor is a local unit of government and is authorized to accept Federal funds for the purposes specified in the project proposal; NOW THEREFORE, it is agreed: I. Scope, Purposes and Tasks of Agreement 9 t The Contractor will carry out the tasks d its project proposa , as amended by the terms and conditions set forth in any subsequent attachments, all of which are incorporated as part of this agreement. II. Purchase of Property All property purchased by the Contractor in the performance o i s o igations under this Contract shall be for the exclusive purpose of community crime prevention as indicated in the project proposal. Contractor shall not use, willingly allow or cause to have such materials used for any purpose other than performance of Contractor's obligations under this contract. III. Monies Expended for Salaries and Benefits All monies expended for salaries and bene its rom e gran are o e use y e Contractor solely for the performance of its obligations under this Contract. IV. Terms of Payment The State shall provide to the Contractor an amount not to excee Two Thousand Dollars ($ 2,000.00 ). The Contractor agrees to provide the cash match required by 9/1/88 which will be equal to or greater than $ 2,000.00 of o a project cost). Total cost of the project will be $ 24,396.24 Total cost to the State for performance or is contract s a not excee $2,000.00 The Contractor assures that a legally binding commitment appropriating the 50% cash match required by the Act has been made by the appropriate authority. The matching funds will be provided by /through Brooklyn Center Crime Prevention F wnd source The 50% match portion of the cost of the project shall be in addition to funds that would otherwise be made available for community crime prevention. Payments are to be made from Federal funds obtained by the State through the Justice Assistance Act of 1984. V. Reporting The Contractor will advise the State concerning the project pro- gress t roug the following means: A. Submission of Quarterly Status Reports within five working days following April 1, July 1, October 1 and January 1; B. Submission of Annual Performance Report within thirty days fol- lowing termination of this agreement (September 30, 1988, or com- pletion of project, whichever occurs first); C. Maintenance of records suitable for auditing purposes, including appropriate entries and receipts. VI. Audits The books, records, documents and accounting procedures and prac- tices Contractor relevant to this agreement shall be subject to exam- ination by the State through the Department of Public Safety and the legis- lative auditor. VII. Budget The Contractor's budget must be for one fiscal year. Funds that are n0T_u_seU by September 30, 1988, must be returned to the State. - 2 - The Contractor will expend any funds and required cash match allocated for this project according to the budget approved in the contract and attachments. The Contractor must submit a revised budget for any deviation from the approved budget exceeding 10 %. The revised budget must be approved by the Grants Administrator. VIII. Conditions of Payment All services provided by the Contractor pursuant to this Contract snall be performed to the satisfaction of the State, as determined in the sole discretion of its authorized agent, and in accord with all applicable federal, state and local laws, ordinances, rules and reg- ulations. The Contractor shall not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state or local law ordinance, rule or regulation, including but not limited to: A. The Contractor agrees that Federal funds awarded will not be used to supplant or used as a substitution for local funds, but will be used to increase existing crime prevention programs maintained during the grant period. B. Non - discrimination: Contractor assures it will meet all applicable requirements of Federal and State civil rights laws, rules and statutes. C. The Contractor assures that it will comply with the provisions of the Office of Justice Programs "Financial Guide for Grants" M7100 -1C. IX. Cancellation This Contract may be cancelled by the State or Contractor at any time, with without cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, Contractor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. X. State's Authorized Agent The State's authorized agent for the purposes of administra ion o is on ract is Stephen M. Hennessy, Bureau of Criminal Apprehension. Such agent shall have final authority for acceptance of Con- tractor's services and if such services are accepted as satisfactory, shall so certify for payment pursuant to Clause VIII. XI. Term of Contract This agreement shall be effective on January 1, 1988, or upon such a e as it is executed as to encumbrance by the Commissioner of Finance, whichever occurs later, and shall remain in effect until September 30, 1988, or until all obligations set forth in this agreement have been satisfac- torily fulfilled, whichever occurs first, provided that this agreement may be reduced, suspended or terminated as outlined above. XII. Amendments Any amendments to this agreement shall be in writing and shall e execu ed by the same parties who executed the original agreement or their successors. XIII. Liability The Contractor agrees to indemnify and save and hold the State, its agen s an employees harmless from any and all claims or causes or action rising from the performance of this agreement by the Contractor or Contractor's agents or employees. This clause shall not be construed to bar any legal remedies the Contractor may have for the State's failure to fulfill its obli- gations pursuant to this agreement. -3- XIV. Worker's Compensation In accordance with the provisions of Minnesota Statutes, the State atfirmT that the Contractor has provided acceptable evidence of compliance with the worker's compensation insurance coverage re- quirement of Minnesota Statute, 1981 Supplement 176.181, Subdivision 2. XV. Authorized Official The Contractor's Authorized Official is responsible forte receip o e appropriated funds, and for guaranteeing the existence of the matching fund commitment. This person must be from the unit of govern- ment of which the Contractor is a part; and must be the mayor, city manager or county board member who is legally able to sign contracts and encumber funds. XVI. Attachments The project proposal and documentation of the 50% matching fund commitment must be included as a part of this contract. -4- L IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: CONTRACTOR ATTORNEY GENERAL By: B Title: Date: (must be authorized official as in II) Date: COMMISSIONER OF ADMINISTRATION By: COMMISSIONER OF PUBLIC SAFETY Date: By: Date: COMMISSIONER OF FINANCE By: Date: STATE OF MINNESOTA CONTRACTUAL (non -state employee) SERVICES Trn. No. Account I.D. Organization F.Y. Requisition No. ✓endor Number Type Terms Cott Code 5 r. CD CD.2 C.CD.3 A40 i I Cost Coda 4 Amount Suffix Object $END TYPE OF TRANSACTION: ❑ A40 ❑ A41 Entered by Date Number ❑ A44 ❑ A45 ❑ A46 Entered by Date Number -5- CITY OF BROOKLYN CENTER Council Meeting Date 3 -14 -88 Agenda. Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) STREET ROLLER DEPT. HEAD'S APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: ?, No comments to supplement this report f :J Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) In the 1988 Street Maintenance budget a $12,000 appropriation was approved for the purchase of a street roller and trailer. During February, 1988, two quotes were received for the street roller. The low quote ($9,969) came from Aspen Equipment Company. Aspen Equipment Company also allowed for • a $1,000 trade in on the City's old roller. The Street department constructed a trailer for this piece of equipment. The cost of materials for this trailer was $1,530.22. The total cost for these two items is $10,499.22. 1 recommend approving the purchase of this street roller from Aspen Equipment Company. RECOMMENDATION: Motion to adopt Resolution Accepting Quote and Authorizing the Purchase of One (1) Street Roller. 95 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING QUOTE AND AUTHORIZING THE PURCHASE OF ONE (1) STREET ROLLER WHEREAS, an appropriation was approved in the 1988 budget for the purchase of one (1) street roller; and WHEREAS, two (2) quotations were received as follows: Compan ouote Aspen Equipment Co. $ 9,969 Ruffridge- Johnson $11,075 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the purchase of one (1) street roller from Aspen Equipment Co., in the amount of $9,969 is hereby approved. 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 as declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Dates 14/88 Agenda Item Number 9 h REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING SURPLUS PROPERTY *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. HEAD'S APPROV L: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) During March, 1988, we will take delivery of 11 OPTECH III voting machines. Therefore, recommend that our 62 lever type voting machines be declared surplus property and disposed of in the best way possible. I called Sequoia Pacific Systems, AVM Division, to see if they would be interested in buying our machines for parts, but they have no interest. in checking with cities who have disposed of their machines, I find that there is virtually no market for lever voting machines. After advertising them for sale and getting no response, Minneapolis paid $5 per machine to have their 1,000 machines hauled to the junk yard for scrap. Champlin, St. Paul, and Robbinsdale all sent their machines to the junk yard. RECOMMENDATION Motion to adopt Resolution Declaring Surplus Property �h 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 62 Automatic Voting Machines are hereby declared surplus property, and the City Council authorizes disposal of the same in the best way possible. 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 3 -14 -88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION DECLARING SURPLUS PROPERTY DEPT. 6AD'S APPROVA ; Sign Lure - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report �y(4 below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The Superintendent of Public Works has requested the following items be declared surplus property: Four General Electric Radios, one 1958 Malsbury #250 Steamer, one 1960 Gallion Steel Roller, one Standard 5 -165 Tar Kettle and one 1971 Gill Grass Seeder. Once these items are declared surplus an . advertisement will be placed in the League of Minnesota Cities magazine. RECOMMENDATION Motion to adopt Resolution Declaring Surplus Property q, 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 four General Electric Radios, one 1958 Malsbury #250 Steamer, one 1960 Gallion Steel Roller, one Standard 5 -165 Tar Kettle and one 1971 Gill Grass Seeder are hereby declared surplus property, and the City Council authorizes disposal of the same in the best way possible. 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. Member introduced the following resolution and moved its adoption: RESOLUTION NO. j RESOLUTION AMENDING THE 1988 GENERAL FUND BUDGET ------------------------------------------------ WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the adoption of the 1987 General Fund Budget recognized the need to establish a equipment replacement appropriation in the Community Center budget which would be used to replace equipment which might unexpectedly break down during the budget year and which was essential to the continued operation of the recreation programs; and WHEREAS, the amount of $4,000 was appropriated in the 1987 Budget for that purpose with the intent to continue the appropriation on an annual basis, and; WHEREAS, the appropriation was inadvertently omitted from the Department's 1988 budget request and therefore was not included in the 1988 Budget appropriations; and WHEREAS, the funds are now needed to replace a cash register in the amount of $2,500 and may be needed to replace other equipment during the year. NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that the 1988 General Fund Budget be amended to appropriate funds for equipment replacement in the Community Center as follows: Increase the Appropriations for the following line items: -------------------------------------------------------- Community Center Other Equipment Account No. 4552 $4 9 000 Decrease the Appropriations for the following line items: -------------------------------------------------------- Unallocated Departmental Expenses Contingency Account No. 4995 $4 1 000 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. MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 11, 1988 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:35 p.m. ROLL CALL Chairman George Lucht, Commisssioners Molly Malecki, Mike Nelson, Bertil Johnson, and Wallace Bernards. Also present were Director of Planning and Inspection Ronald Warren, City Engineer Bo Spurrier and Recording Secretary Mary Lou Larsen. Chairman Lucht stated that Commissioners Lowell Ainas and Ann Wallerstedt were unable to attend this evening's meeting and were excused. ADMINISTER OATH OF OFFICE The Secretary administered the oath of office of Planning Commissioner to new Commission member Bertil Johnson. APPROVAL OF MINUTES - JANUARY 14, 1987 Motion by Commissioner Nelson seconded by Commissioner Malecki to approve the minutes of the January 14, 1988 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards. Voting against: none. Not voting: Commissioner Johnson. The motion passed. APPLICATION NO. 88001 (Metropolitan Transit Commission) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for site plan and special use permit approval for a park and ride lot at the Brooklyn Center Church of the Nazarene, 501 73rd Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 88001 attached). The Secretary explained a public hearing is scheduled and notices have been sent to neighboring property owners. Commissioner Bernards asked if the original special use permit had any special conditions attached to it. The Secretary responded the special use permit was amended when the fellowship hall was added to the church in 1981 and future parking was discussed at that time. He stated that the church and fellowship hall are used at off -peak traffic hours and the church is used on evenings and weekends. He added that as far as he knows the church is in compliance with any conditions imposed with the last special use action. Commissioners Bernards inquired how the parking lot fits into the church's future plans. The Secretary stated the park and ride facility does not rule out future expansion for the church. Commissioner Johnson asked if and where a bus shelter would be located. A representive of MTC responded that a bus shelter would be built and located at the bus pickup point. 2 -11 -88 _1_ tr Chairman Lucht called on the applicant to speak. Donald Shaffer of Barrientos and Associates, the architect for the applicant, explained the location of the lighting and stated that the light poles would be 30' high, rather than the 20' shown on the original plan. He stated he had just received a new plan that afternoon and was unable to inform the City before this evening's meeting. The reason for increasing the height of the poles is to get better distribution of light on the site. The Secretary asked if the design of the lights had been changed. Mr. Shaffer responded that the design is the same and there would be light shields on the residential side of the property. Commissioner Bernards asked if the lights are activated by a timer and at what time the first and last bus arrives. He also asked if the lights are activated seven days a week. Mr. Shaffer responded that the lights would be activated by a timer and that he believed the lights would only be on five days a week. He added that he would have to check on this and what the time was that buses ran. Commissioner Nelson asked if the light poles are 30' high. Mr. Shaffer responded that there are nine poles 30' high; the reason for the higher poles is that they couldn't get enough illumination from the shorter poles. The Secretary asked the applicant to explain the bus schedule. Mr. Shaffer responded that he does not have enough information on the bus schedule, especially the Saturday schedule. Commissioner Bernards asked who is responsible for maintenance of the park and ride facility. Mr. Shaffer explained that there is a lease agreement being drawn up and at present, MTC is taking care of it. Commissioner Malecki asked if the facility is now being used as a park and ride facility. Mr. Shaffer responded that it is. The Secretary explained that it has been the City's position to encourage the use of existing facilities along bus routes for this park and ride use. He referred to the parking lot facility at Harron Methodist Church on 55th and Dupont Avenues North which is informally used as one. He stated he is not aware of any problems created with existing facilities of this kind. He noted the reason this application is before the Commission as a special use permit is because of the expansion of the existing lot for the park and ride facility. PUBLIC HEARING Chairman Lucht opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. Chester Nevin, 7242 Camden Avenue North, stated he was opposed to the facility and asked why this lot has to be expanded when other vacant property is available which does not affect residential property owners and could be used for such a facility. Mrs. Nevin stated she is also opposed to the park and ride facility because she believes it will have a negative affect on their property. Carol Carter, 7250 Camden Avenue North, asked why the property owners on the north side of 73rd Avenue North in Brooklyn Park were not notified of this evening's meeting. The Secretary explained that because those lots are in Brooklyn Park, the City notifies only the City of Brooklyn Park, who in turn may notify their Brooklyn Park residents. He added that even though those residents did not receive a notice, does not mean that they cannot comment on the project. 2 -11 -88 -2- Mrs. Carter stated she has added a $30,000 addition to her home and feels that the freeway expansion and now the proposed park and ride facility will devalue her property when the time arrives for her and her husband to sell their home. She stated she has contacted a real estate firm and was informed her property value would be downgraded a minimum of 5% of the market value. She explained she feels the facility will attract theft, breakins, littering and become an eyesore for the neighboring property owners to look at out their windows. She stated that she feels that the church has been parking cars in its parking lot illegally and also, it attracts kids to park there in summer. She asked why a facility could not be built at the neighboring vacant property near Beacon Bowl on 66th and West River Road which is not near any residential properties. She feels she and the rest of the neighbors have been very tolerant in the past and have never complained about any activities at the church. Chairman Lucht commented that nothing would change because of the proposed park and ride facility other than the addition of some parking stalls. Mrs. Carter stated she feels the view of the church parking lot, and now the park and ride facility, diminished the value of her property. Chairman Lucht asked if the church would be gaining income from the facility. Pastor Errol Webb of the Church of the Nazarene stated they are not receiving income from it now, but will have some type of lease agreement in the future. Jerry Cowan, owner of Evergreen Apartments which abuts the church parking lot to the south, stated he felt shrubbery is not acceptable screening as debris can blow into the apartment property more easily than through a fence. He stated he is also concerned with the height of the light poles which may allow light to shine into his tenants' apartments at night. Mr. Cowan also inquired if it would be possible to extend a sidewalk to his apartment complex to make access to the bus stop easier. Mrs. Carter asked why the City is agreeing to the expansion of the parking lot. The Secretary responded that the expansion is not a City - initiated project. He explained that MTC representatives approached the City and expressed the need for providing a park and ride facility location in this general area. He stated the City encourages the use of, or expansion of, existing facilities rather than build a new freestanding park and ride facility. The Secretary stated the property is still a church facility and the church will be responsible for maintaining its property. He noted that it just appears to be a more judicious use of property to expand an existing facility that is already convenient, than to build a new facility in the same general area. Mrs. Carter stated that she and the other property owners are the people who have to live with the results and the results include convenience and money for the church. The Secretary asked the MTC representatives to further explain the facility. An MTC representative explained that they had looked at other facilities in the area, but had decided the church lot to be more acceptable. Chairman Lucht asked what payment the church is getting for the park and ride facility. Mr. Shaffer responded that there will be a long term lease agreement drawn up involving maintenance and upkeep with some rental fee paid to the church. Chairman Lucht asked how long the lease agreement would be. Mr. Shaffer answered it would probably be a 20 year lease. 2 -11 -88 -3- Mr. Cowan asked if the land is tax exempt. The Secretary responded that the church is tax exempt and that MTC is a tax exempt entity. He added that he assumed the MTC use of the church lot for a park and ride facility would also be tax exempt. Mrs. Carter stated she still feels it is a moneymaker for the church. The Secretary stated the church will gain a better parking lot with improved drainage. Mrs. Nevin asked if there is one objection to the proposal would it be denied. The Secretary stated that it would not necessarily. He explained that this application is a special use permit and the standards for special use permits have to be addressed before it will be approved. He noted that these standards include that the use not be detrimental to public health, safety and welfare, not substantially diminish property values, not impede normal and orderly development, not cause traffic congestion and conform with pertinent development regulations. Mrs. Carter asked what the neighbors have to do to get the City to take another look at this project before approving it. The Secretary stated that the City has to balance the rights of all concerned. He explained that MTC park and ride lots are considered to be for the good of the public in that they help to reduce rush hour traffic congestion; serve to help reduce the consumption of gasoline, assist in lower (or maintaining) air quality standards; lessen the need for public expenditure of funds to build or upgrade new highway and freeway facilities. This must be balanced with the negative effects of the project on the neighboring property as outlined in the Standards for Special Use Permits. Chairman Lucht asked how much money anyone has lost. Mrs. Carter responded she believes she will lose approximately $20,000 when she sells her home. Chairman Lucht asked for clarification of location of the public property being referred to as a better location for the facility. Mrs. Carter responded that it is near the Beacon Bowl property on 66th and West River Road. Mrs. Nevin stated that when she looks out her window at peak traffic hours there is a life threatening situation created at the bus stop on T. H. 252. Six people have been killed previously in this area. Pastor Webb stated that the church's relocated entrance and driveway was moved further east than originally proposed to satisfy the neighbors. He explained that the church has tried to be a good neighbor and that he has picked up debris blown into the church's lot from the apartment buildings to the south. He stated the fence was taken down by the owner of the apartment complex. He noted that the church will continue to be a good neighbor and that he did not envision this parking lot expansion to be a detriment to surrounding property owners. Commissioner Bernards asked how long the church had been there. Pastor Webb responded that the church had been there 19 years. Chairman Lucht asked the neighbors what type of screening they would prefer. Mrs. Carter stated she would have to look at the fence and also, she now looks straight out to the freeway where all the garbage accumulates. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commission Malecki to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, i s Bernards and Johnson. Voting against: none. The motion passed. 2 -11 -88 -4- Further discussion ensued regarding the park and ride facility. Chairman Lucht polled the Commissioners for their opinion. Commissioner Malecki stated problems do exist and possibly the Commission should get further information before making a recommendation on the facility. Commissioner Nelson referred to the special use standards and stated he would would like to see the screening requirement addressed. He stated he does not believe that property values would be effected. Commissioner Bernards stated he would recommend MTC to work with the property owners on the screening requirement and to have proper maintenance and policing of the area. Commissioner Johnson stated he is concerned with the height of the light polies and recommended that other areas for location of the facility be looked at. Commissioner Malecki stated if there is no control over parking of 35 cars at present what will the impact be when there are 105 cars. She stated she would rather table the application and have further study done before making any recommendation. ACTION TABLING APPLICATION NO. 88001 (MTC) oI tion by Commissioner Malecki seconded by Commissioner Nelson to table the application and direct staff to bring back further information on the following: - traffic impacts in this area if larger park and ride is established; -the MTC procedure for siting park and ride facilities; - effect on property values in the immediate area if the park and ride facility is located at the church; -any safety concerns associated with these facilities; - consideration of 20' high light poles rather than 30' high poles; -the possibility of reducing the number of stalls to be located along the west portion of the property. Voting in favor: Commissioners Malecki and Johnson. Voting against: Chairman Lucht, Commissioners Bernards and Nelson. The motion failed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 88001 (MTC) Motion by Commissioner Nelson seconded by Commissioner Bernards to recommend approval of Application No. 88001 subject to the following conditions: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to construction. 2. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to final approval of the plans. 3. B612 or B618 curb and gutter shall be provided around all parking and driving areas. 4. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 5. The ro ert owner shall p p y all enter into the Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 2 -11 -88 -5- 6. The proposed landscape screening or a 6' high opaque fence constitutes an acceptable screening device to be determined by the City Council. 7. The applicant is strongly urged to consider putting a light in the vicinity of the sidewalk linking the parking lot and the bus stop. Voting in favor: Chairman Lucht, Commissioners Nelson, and Bernards. Voting against: Commissioners Malecki and Johnson. The motion passed. DISCUSSION ITEM The Secretary reviewed proposed ordinance changes to Chapter 12, which is the City's Housing Maintenance and Occupancy Ordinance. He explained this ordinance is enforced by the Planning and Inspection Department. The Year 2000 Committee recommended consideration of extending the maintenance provisions of this ordinance to commercial and industrial property as well as residential. He asked the Commissioners to review the information included in their agenda packet for discussion at the Planning Commission study meeting on February 25, 1988. The Secretary explained that there will be other ordinance amendments to be discussed in the future such as parking of commercial vehicles and storage of boats, trailers and campers on residential property. ADJOURNMENT Motion by Commissioner Nelson seconded by Commissioner Bernards to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards and Johnson. Voting against: none. The motion passed unanimously. The Planning Commission adjourned at 9 :32 p.m. Chairman 2 -11 -88 -6- Planning Commission Information Sheet Application No. 88001 Applicant: Metropolitan Transit Commission Location: 501 73rd Avenue North Request: Site Plan /Special Use Permit Location /Use The applicant seeks site plan and special use permit approval to build a park and ride lot at the Church of the Nazarene at 501 73rd Avenue North. The property in question is the site of the Church of the Nazarene, is zoned R1 and is bounded on the north by 73rd Avenue North, on the east by Highway 252, on the south by the Evergreen Apartments, and on the west by a City well house and three single - family homes. Park and ride lots are not listed as a permitted or special use in any zone in the City. However, the lot is really accessory to the Church of the Nazarene which is an approved special use in the R1 district. Expansion of the parking lot is an amendment to the church's special use permit. Access /Parking Access to the site is gained via a driveway approximately 300' west of Highway 252. The access drive is not more than 24' wide and extends back some 150' to the parking area. The new parking lot will have 105 spaces, triple the present capacity of 35 spaces. ( The seating capacity of the church is approximately 100 persons and is not being enlarged at this time) . The parking lot is being expanded to the south and west of its present location. The parking expansion to the west will still be set back 105' from 73rd Avenue North. Buffer strips of 24' in width along the south property line and 15' along the west property line will be provided. A minimum 15' buffer strip is required when an office or apartment building is adjacent to R1 property. Staff feel that a 15' buffer is appropriate in the case of a church parking lot abutting other residential property. Landscaping A landscape plan has been submitted which indicates landscape screening within the westerly and southerly buffer strips. The screening would consist of American Cranberry shrubs planted 8' on center, interspersed with 4' high Black Hills Spruce. Under Section 35 -711 of the Zoning Ordinance, all open off - street parking areas having more than six parking spaces must be effectively screened from any abutting residential lots by a solid wall or opaque fence six feet high, or by such other device as may be approved by the City Council. Landscaping has been accepted in some cases, including the original church parking lot. The Commission should, in any action recommending approval, comment on the acceptability of the proposed landscape screening. In addition to the proposed screening, the landscape plan calls for nine (9) Cockspur Thorn shade trees along the west side of the entrance drive, to be planted 25' on center. The total number of landscape points represented by the plan is 210. Churches are not listed on the landscape schedule, but an office would be required to have 223 units on this site. Existing landscaping with the proposed plantings would meet that requirement. Grading, Drainage, and Utilities The grading plan calls for two new catch basins, one at the north end of the westerly parking area to be connected to City storm sewer in 73rd Avenue North, and one at the southeast corner of the lot to be connected to storm sewer in Highway 252. The City Engineer recommends that the top casting of the westerly catch basin be lowered somewhat and using a 15" storm sewer pipe with a flatter slope. This would allow more effective drainage of the westerly portion of the parking lot. 2 -11 -88 -1- ti Application No. 88001 continued Lighting The site plan calls for nine light poles 20' high with 250 watt high pressure sodium luminaires. Under Section 35 -712 of the Zoning Ordinance, the illumination from parking lot lighting is not to exceed three foot candles at property lines abutting residentially zoned property. The applicant's engineer, Barrientos and Associates, has submitted partial information on the lighting which assumes no back lighting from the luminaires. The light fixtures do focus the light downward and side shields will be provided on those light poles adjacent to residential property. The proposed lighting should, therefore, comply with ordinance standards. Other Items The proposed site plan calls for a 6' wide sidewalk to be installed from the existing drive -up circle east of the church to the MTC pick -up location on Highway 252. The City currently plows the sidewalk on 73rd Avenue North and will plow this walk as well. There is also a driveway planned from the southwest corner of the lot to the City's well house property. This is to allow a rear access for City vehicles to the well house. It can be used as a parking space most days. The City will post it no parking on days when access is needed. Recommendation Altogether, the plans appear to be in order and approval is recommended, subject to at least the following conditions: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to construction. 2. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to final approval of the plans. 3. B612 or B618 curb and gutter shall be provided around all parking and driving areas. 4. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 5. The property owner shall enter into the Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 6. The proposed landscape screening constitutes an acceptable screening device in lieu of a 6' high opaque fence. 7. The applicant is strongly urged to consider putting a light in the vicinity of the sidewalk linking the parking lot and the bus stop. 2 -11 -88 -2- MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION FEBRUARY 25, 1988 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:33 p.m. ROLL CALL Chairman George Lucht, Commissioners Molly Malecki, Mike Nelson, Wallace Bernards, Ann Wallerstedt and Bertil Johnson. Also present were Director of Planning and Inspection Ronald Warren and City Engineer Bo Spurrier. Chairman Lucht stated that Commissioner Ainas had called indicating that he would not be able to attend this evening's meeting and was excused. APPROVAL OF MINUTES - FEBRUARY 11, 1988 Commissioner Nelson noted that the minutes at page 5 regarding an action to table Application No. 88001 should be changed to indicate that he, rather than Commissioner Johnson, had seconded the motion. Motion by Commissioner Nelson and seconded by Commissioner Malecki to approve the minutes of the February 11, 1988 Planning Commission Meeting as corrected. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards, and Johnson. Voting against: none. Not voting: Commissioner Wallerstedt. The motion passed. APPLICATION NO. 88001 (METROPOLITAN TRANSIT COMMISSION) Following the Chairman's explanation, the Secretary introduced the first item of business, a request for an amended site plan and special use permit approval for a park and ride lot to be located at the Brooklyn Center Church of the Nazarene, 501 73rd Avenue North. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 88001 attached). It was noted that the proposal did comprehend 105 parking spaces rather than the 102 indicated in the staff report. The Secretary noted that the changes proposed with this plan are consistent with those recommended at the neighborhood meeting which was held on February 18, 1988 at the Church of the Nazarene. The Secretary also recommended that an additional condition be added urging the applicant to pursue the idea of a relocated sidewalk which would be located directly between the parking lot and any proposed bus shelter along T. H. 252. He noted that this might require cutting into the ICI /DOT installed noise berm but felt that this may be appropriate if it can be done without causing harm to noise attenuation. Chairman Lucht inquired of the applicants if they had anything else they wished to add. They responded that they had nothing further to add at this time. PUBLIC HEARING Chairman Lucht opened the meeting for a public hearing and asked if anyone present wished to speak regarding this amended application. Patti Lee, 7223 Camden Avenue North, stated that she was opposed to the park and ride facility. She noted that adding 105 stalls to the parking lot at the church would cause more traffic in the area which could be a danger to children along Woodbine 2 -25 -88 -1- Lane. She noted also that the additional traffic would be a nuisance for the neighborhood causing more exhaust and fumes from cars utilizing the park and ride facility. She also noted that the expanded parking lot might be attractive to kids in the area who would utilize the parking lot for tearing around and disturbing neighbors as they do in the park parking lots at Evergreen Park. She inquired what it would take to stop this project from going forth. Chairman Lucht responded that the City Council would ultimately have to make a decision regarding approval or denial of the pending application. The Secretary commented that if the Planning Commission makes a recommendation on this application this evening it would, in all likelihood, be on the City Council agenda for their March 14, 1988 meeting. Chairman Lucht next recognized Mr. Don Brettin, 7235 Camden Avenue North, who reviewed the new T. H. 252 right -of -way alignment showing how close the highway now is to the neighborhood. He also mentioned the re- alignment of 69th Avenue North to 70th Avenue North and commented that this brings more traffic into their area. He added that particularly in the morning hours people speed along Camden Avenue between 73rd and 70th Avenues creating problems for neighbors. He pointed out that all of the roadway changes were done for the purpose of providing convenience for other persons, but creating problems for this particular neighborhood. He added that all of the neighbors are opposed to the addition of more parking stalls for the MTC park and.ride facility. He added that a neighbor along the north side of 73rd has already put his house up for sale, out of fear of this project. In response to an inquiry by Commissioner Wallerstedt, Mr Brettin stated that he had attended the neighborhood meeting at the Church of the Nazarene on February 18th. He noted that the MTC representatives did make the requested changes that were discussed that evening, but that he felt that additional modifications should be made as well. Chairman Lucht then recognized Carol Carter, 7250 Camden Avenue North, who inquired why the MTC should get the 105 parking stalls that they seem to think they need. She stated that someone ought to look out for the neighbors. She pointed out that the church is going to make money on the lease arrangement and on the new parking lot and that the church really doesn't care about the immediate neighbors. She pointed out that MTC doesn't care about the neighborhood either, and all they are concerned about is providing the least expensive park and ride facility. She stated that it is up to the City to protect the neighborhood from the adverse impact she believes will happen if the facility is provided in the manner that it is proposed. She added that she did not believe the MTC needed as many parking stalls as are being proposed and that the least the Commission could do is require that no parking stalls be located behind the residents. In response to an inquiry by Commissioner Wallerstedt, Mrs. Carter stated that she has attended all of the meetings at which this matter has been discussed. She noted that people in the neighborhood have made an investment in this area and that they need help to protect this investment which is threatened by the activity proposed by the MTC at the church parking lot. She stated that she believed that at least 12 parking stalls should be eliminated from the west end of the proposed plan. Don Brettin added that the parking lot will be full every day of the week and will cause additional traffic and nuisances in the neighborhood. 2 -25 -88 -2- 1 Barb Brettin, 7235 Camden Avenue North, noted that their property taxes had gone up ten percent in the past year yet they are not receiving appropriate service and protection from uses such as that proposed. Chairman Lucht then recognized Mir. Jerry Cowan, owner of the Evergreen Park Apartments. Mr. Cowan stated that he was concerned about two things, one about the opening of the noise berm along Highway 252 and secondly the fact that his taxes are also going up as well. Carol Carter stated that several realtors have said that the neighboring single family homes property values will go down. She added that the church gains from the proposal, the City gains from the proposal and the MTC gains from the proposal, but that all of the neighboring property owners lose if the facility is put in. Chairman Lucht then recognized Chet Nevin, 7242 Camden Avenue North, who stated that it appeared that the parking lot could be extended further east than it is being proposed and wondered why this was not being further pursued. The Secretary explained that the expansion to the east on the highway right -of -way property was being done up to the base of the noise berm that is located in this area. He added that it might be possible to extend the parking lot somewhat further, but that the noise berm is a limiting factor on moving the parking lot further east. He showed Mr. Nevin a copy of the grading plan indicating the location of the berm. The Secretary also pointed out that the Planning Commission could recommend, if it felt it was appropriate, that the 10 to 12 parking stalls along the west side of the entrance drive be eliminated. Don Brettin then commented on the amount of speeders on Camden Avenue and stated that the Police Department won't do anything about the racing of cars up and down Camden Avenue between 73rd and 70th Avenue North. He pointed out that the additional parking will in all likelihood cause more speeding in this area. Commissioner Wallerstedt asked the representatives of the MTC to comment on their proposal and indicate what their parking needs are and where people utilizing this park and ride facility will come from. Don Shaffer of Barrientos and Associates, the architect for the project, stated that the MTC now uses 35 parking stalls on the existing church parking lot for park and ride purposes. He stated that the MTC has identified a need for 70 additional parking stalls to meet the park and ride demands in this area. This is why, he stated, that the proposal is for a parking facility containing 105 parking stalls. He noted that the park and ride lot would be used by people in the immediate Brooklyn Center and Brooklyn Park area. He added that it is the MTC's belief that it is better to expand this facility than to build another smaller facility in the area. He pointed out that the things they look at as being suitable for park and ride is the use of public lands including churches that are along the MTC bus lines. Mr Shaffer briefly discussed the proposed lease with the church and also noted that bus service would be conducted on Saturdays as well as during the week. He pointed out that the lights would be on a timer and would be turned off in the late evening and turned on again in the early morning during the winters. He noted that they had looked at other areas in Brooklyn Center such as at Highway 252 and 66th Avenue, to the west of the Super America Station. He pointed out that one of the reasons that area was not pursued was that it was not convenient access to the bus stop in that particular location. He noted that this proposed facility is immediately adjacent to the bus stop. 2 -25 -88 -3- Commissioner Malecki commented that she had previously voted against recommending the approval of this application. She added that she still thinks that this is an inappropriate use of the church property and should not be pursued. She stated that these facilities should be provided in, or on, commercially zoned property in commercially located areas. She pointed out that she feels that this type of use would be a nuisance to the neighborhood. She spoke against approving the amended application. Commissioner Johnson stated that he had also voted against this facility at the previous Planning Commission meeting. He stated, however, that he could support the amended plan if the 10 to 12 parking spaces located westerly of the access drive between the access drive and the residential area would be eliminated. Commissioner Wallerstedt stated that she felt the additional 10 to 12 stalls should also be eliminated, but not be added to the east of the site. Commissioner Bernards commented that some of the stalls should be eliminated from the westerly portion of the site but felt that it would be appropriate to replace these stalls on other portions of the site. There was discussion regarding the possibility of providing a berm in addition to landscaping for screening purposes of the parking lot. Comments were made that the development of a berm might cause some additional drainage problems in the area. Pastor Errol Webb noted that there is a lot of water in the area particularly in the springtime. He added that the development of a berm may aggravate things to the point that water might go onto neighboring properties. Pastor Webb stated that he has lived at 7236 Camden Avenue North for approximately 6 years and that there have been some break -ins and vandalism in the area, but that this has decreased, to almost nothing since a light standard was put up in the church parking lot and the Tom Thumb Store was closed, approximately three years ago. Commissioner Nelson commented that the Planning Commission appears to have three options with respect to making a recommendation on the proposed amended plan. He noted that the Commission could make a finding that the proposed park and ride facility is not an appropriate accessory use to the church facility, secondly, that the public health, safety, and general welfare are being violated by this proposal and recommend denial of the proposed use; or thirdly, recommend that this plan, or some other plan, is acceptable. Commissioner Nelson further stated that he believes the park and ride program is an appropriate accessory use to the church use, that it did not diminish or reduce property values in the area, and that it was not a public safety problem either. He noted that he favored the amended plan, but wished to eliminate the 12 parking stalls lying adjacent to the residentially zoned property. ACTION RECOMMENDING APPROVAL OF THE AMENDMENT TO APPLICATION NO. 88001 (MTC) Following further discussion there was — a motion by Commissioner Nelson and seconded by Commissioner Johnson to recommend approval of the amendment to Application No. 88001 subject to the following conditions: 1. The plan shall be revised to eliminate 12 parking stalls located westerly of the - access drive adjacent to the residential property. 2. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to construction. 2 -25 -88 -4- 3. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to final approval of the plans. 4. B612 or B618 curb and gutter shall be provided around all parking and driving areas. 5. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 6. The property owner shall enter into the Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 7. The proposed landscape screening constitutes an acceptable screening device in lieu of a 6' high opaque fence. 8. The applicant shall provide a light standard in the vicinity of the sidewalk linking the parking lot to the bus stop. 9. The applicant shall provide written documentation regarding their ability to utilize highway right -of -way for the proposed parking facility. 10. The applicant is encouraged to work with MN /DOT to provide a walkway from the parking lot directly to the bus stop through the MN/ DOT constructed berm. Commissioner Bernards commented that he favored eliminating the 12 parking stalls on the west portion of the site but would like to leave open the option of putting these 12 parking stalls back in if they could be provided in an appropriate location along the east side of the site. Both Commissioners Nelson and Johnson accepted this suggestion as the meaning of eliminating the 12 parking stalls. Following further discussion a vote on the motion was taken. Voting in favor: Chairman Lucht, Commissioners Nelson, Bernards and Johnson. Voting against: Commissioners Malecki and Wallerstedt. The motion passed. DISCUSSION OF PROPOSED CHANGES TO HOUSING MAINTENANCE AND OCCUPANCY ORDINANCE The Secretary next reviewed a draft ordinance proposal amending Housing Maintenance and Occupancy Ordinance to require the maintenance provisions encompassed in the ordinance to affect commerical and industrial property as well as residential property. He asked the Commission members if they have had an opportunity to review the proposed ordinance and whether or not they wished to make any comments regarding the ordinance amendment. The Secretary noted that he had reviewed this ordinance with the Building Official who has suggested some possible modifications to the definitions of commerical building and industrial building to perhaps further clarify these definitions. In response to an inquiry by Commissioner Bernards, the Secretary noted that the amendment to Section 12 -102 of the ordinance is for the purpose of indicating that the ordinance is applicable to every building in the city not just to residential buildings. Also in response to an inquiry by Commissioner Bernards, the Secretary stated that there is no grandfathering of buildings with respect to this ordinance. All buildings will have to be maintained in accordance with the particular building 2 -25 -88 -5- codes they were built under. He noted, however, that this ordinance would not require buildings to be brought up to current building code standards unless they were required to meet the current building code requirements. But the maintenance of existing facilities and surrounding grounds is comprehended by the proposed revisions to this ordinance. Following further discussion by the Planning Commission, it was the concensus of the Commission that the proposed ordinance language relating to amendments to Chapter 12 of the City Ordinance be referred favorably to the City Council for their consideration. ADJOURNMENT Motion by Commissioner Bernards and seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Malecki, Nelson, Bernards, Wallerstedt and Johnson. Voting against: none. Motion passed unanimously. The Planning Commission adjourned at 9:45 p.m. Chairman 2 -25 -88 -6- Planning Commission Information Sheet Application No. 88001 Applicant: Metropolitan Transit Commission Location: 501 73rd Avenue North Request: Site Plan /Special Use Permit This application was reviewed by the Planning Commission at its February 11, 1988 meeting, and was recommended for approval by the Commission. However, the plan has been changed as a result of a neighborhood meeting held at the Church of the Nazarene by the applicant with residents in the neighborhood on February 18th. The revised plan eliminates some parking on the west side of the site and adds some on the east side and into the Highway 252 right -of -way. A small parking area would remain at the southwest corner of the site adjacent to the City's well house and, to some extent, the church parsonage. A driveway to the rear of the City's well house off a turnaround area will be retained. The new parking on the east side of the site and into the Highway 252 right -of -way will approach the toe of the slope of the noise berm in the highway right -of -way. In all, the total number of spaces will drop from 105 proposed under the original plan to 102 under this plan. The landscape plan calls for far fewer trees and shrubs than the original plan. There is no row of Cockspur Thorn trees along the entrance drive to the parking lot. Also there are fewer plantings along the southerly greenstrip adjacent to the apartments. There is an extension of the existing opaque fence in this area to screen the lot from the apartments to the south. There are also numerous Black Hill Spruce north and west of the westerly parking area. The total number of landscape points represented on the plan is 137.5. This is considerably less than the 210 points on the original plan. Staff have requested more landscaping to equal the number of points on the original plan. Barrientos and Associates has pledged to revise the plan by Thursday's meeting. The grading plan eliminates a catch basin for the westerly parking lot which is much reduced in size. The westerly portion of the lot drains toward the City well house property. Staff have asked that this drainage pattern be revised to flow toward the proposed catch basin at the southeast corner of the lot. No light fixtures are indicated on the plans recently submitted, but we are assured this is an oversight and that lighting fixtures will be shown on the final plan. We expect to have completed plans by Thursday's meeting. If so, approval is again recommended subject to at least the following conditions: 1. Grading, drainage, and utility plans are subject to review and approval by the City Engineer prior to construction. 2. A site performance agreement and supporting financial guarantee (in an amount to be determined by the City Manager) shall be submitted prior to final approval of the plans. 3. B612 or B618 curb and gutter shall be provided around all parking and driving areas. 2 -25 -88 _1_ s Application N0. 88001 continued 4. The applicant shall submit an as -built survey of the property, improvements and utility service lines, prior to release of the performance guarantee. 5. The property owner shall enter into the Easement and Agreement for Maintenance and Inspection of Utility and Storm Drainage Systems. 6. The proposed landscape screening constitutes an acceptable screening device in lieu of a 6' high opaque fence. 7. The applicant is strongly urged to consider putting a light in the vicinity of the sidewalk linking the parking lot and the bus stop. 8. The applicant shall provide written documentation regarding their ability to utilize highway right -of -way for the proposal parking facility. 2 -25 -88 -2- 4 W { N -- -- o - ZD -{ i Nm EE— 2 g COLFAX ov in i� O o I n m m v I or m o� D - �M z I Z ALDT. Z - RICH C - m BRYAN- `m i rn N xx j jv j� m X /� m x \ �G Z ALDRICN / \ \ D 0 fi � fn m- — ALDRICH �\ � X�� ; AVE L rn � I - -- -- k CAM DEN xx _ I \'Sl\x CAMDEN - 5TH ST. N• - .� `� 1 00 0 i z Z ROAD :r� . z WE ST RIVER • • • • a o . o `® — .°- -- - -- . - �•oo�o••••a���•sso S A E N' �R D,�LLAS BOU OR TI L RI - �� D m ROA . 0 L L0 > m - -- - I i RIVERDALE RD. r F, - DURNAM ISLAND (CITY OF BROOKLYN PARK) • O) O) 01 11 1 s .• N w - y \ 0� DO cD O D c� 2/11/88 73RD AVENUE �btTAEGUS CRUS GALLI, C� KSPUR THORN @ 2 -1/2' CAL. 'CIA GLAUCA 'D NSATA', + SLACK HILLS SP UCE @ 4' HT. EXISTING V + + CHURCH OF THE i + NAZARENE cY @18'HT. + + + 0 _ + _ _ _ PF OPOSED LIGHT 0 P LES + I r a I + ICI + cPj ��� � + + ocp c� 2/25/88 73RD AVENUE -GALLi EXISTING CHURCH OF THE NAZARENE PROPOSED LIGHTING (TYPICAL) N 20' HT )ENSATA' i C c Z RY�BUSH ® Z LJJ� I I ®® ® ®® f1T1FN FFN('F" C .i 3/14/88 73RD AVENUE .LI EXISTING CHURCH OF THE NAZARENE PROPOSED LIGHTING (l1 20 HT. TA' (TYPICAL) C11 o & && _ CITY OF BROOKLYN CENTER council Meeting Date Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ORDINANCE REPEALING ORDINANCE NO 87 -15 THEN VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTHERLY LOT LINE OF LOT 3, BLOCK 3, DONNAY'S BROOK LYN GARDENS 4TH ADDITION DEPT. HEAD'S APPROV L: DIRECTOR OrAILIBILIe tIORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The attached ordinance repeals Ordinance 87 -15 and vacates part of a drainage easement at 6501 Unity Avenue (Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition). The action is required because Ordinance 87 -15, a vacating • ordinance, has an incorrect description which escaped detection until noted by the Abstract Company. The easement was called on the north line and was intended to be on the south line. There is no easement on north line so no legal problem was created by the adoption of Ordinance 87 -15. The attached ordinance should be adopted in order to take the action intended in Ordinance 87 -15. The revised ordinance has the correct description and takes the action intended September, 1987. RECOMMENDATION It is recommended that City Council adopt the attached ordinance which was first read on 2/8/88, was published in the Brooklyn Center Post on 2/18/88 and is scheduled for a second reading, and public hearing at tonight's meeting. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of March , 1988 at 7:45 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating An Easement in Lot 3, Block 3, Donnays Brook Lyn Gardens 4th Addition. 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 REPEALING ORDINANCE NO. 87 -15 AND VACATING PART OF A DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTH LOT LINE OF LOT 3. BLOCK 3. DONNAYS BROOK LYN GARDENS 4TH ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Ordinance No. 87 -15 is hereby repealed in its entirety. Section 2. The 15 foot utility and drainage easement along the south line of Lot 3, Block 3. Donnays Brook Lyn Gardens 4th Addition, Hennepin Count Minnesota. except the westerly 5 feet and the southerly 5 feet of said easement, is hereby vacated. Section 3. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) HME LA. 66TH. AVE. N. z w r H_ WINCHESTER LA. LOT 3 � AIJ BLOCK 3 i 1 t` i 9 pA� DR. u Q O J � H Y -> I Z 64 AVE. N. I Ll\ d VICINITY MAP EASEMENT VACATION ll IL SCALE IN EEE7 n PREPARED BY UL SHEET 1 OF 2 LOT 2 127 a 51 Y I Q I 1 o Q m I U uu I U - 0 I I 'n 127 Lo O -------------------------- I I I 1 1 I LOT 1 I I EASEMENT VACATION DONNAYS BROOKLYN GARDENS 4TH ADDITION LOT 3, BLOCK 3 ommmmummm M M 0 30 60 SCALE IN FEET o I C TER PREPARED BY ULTIMAP SHEET 2 OF 2 CITY OF BROOKLYN CENTER council Meeting Date " -/ - Agenda Item Number // b REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ORDINANCE AMENDING CHAPTER 19 RELATIVE TO THE DETECTION AND CONTROL OF TREE DISEASES. DEPT. HEAD'S APPROVAL: DIRECTOR PUBL WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attachedYes The City's current ordinance relating to detection and control of tree diseases is limited to the control of the "Dutch Elm" disease. As noted in the attached article from the State Shade Tree Advisory Committee Report several other infectious diseases, including "Oak Wilt ", the "Gypsy Moth", and "Ash Yellows" are beginning to attack the "Urban Forest ". Accordingly, it is recommended that the ordinance be amended to cover all infectious tree diseases. Based on our knowledge of these diseases we would expect that the amount of enforcement required, and the number of additional trees affected by those diseases will be quite limited during the next several years. However, by amending the ordinance to generically cover all infectious diseases, the City can place itself into position to prevent problems, rather than reacting to them after they become severe The first reading of this ordinance was held on 2/22/88. The ordinance was published in the Brooklyn Center Post on 3/3/88, and is scheduled for a second reading and public hearing tonight. If adopted at this meeting, the ordinance will become legally effective on 4/2/88. RECOMMENDATION It is recommended the City Council amend the ordinance as requested. A copy of the orinance is attached for your consideration. CITY OF BROOKLYN CENTER /!dJ Notice is hereby given that a public hearing will be held on the 14th day of March 1988 at 7 -45 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 19 Relative to the Detection and Control of Tree Diseases. 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. ORDINANCE AMENDING CHAPTER 19 RELATIVE TO THE DETECTION AND CONTROL OF TREE DISEASES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 19 -1501, 1502, 1503, and 1504 is hereby amended in the following manner: Section 19 -1501. NUISANCE DEFINED. Any living or standing [elm] tree or part thereof infected to any degree with [the Dutch elm disease fungus Ceratocystis Ulmi (Buisnan) Moreau] an infectious disease or which harbors any [of the elm bark beetles Scolytis Multistriatus or Hylurgopinus Rufipes] ,insect, fungi, or virus known to contribute to the spread of such disease is hereby declared to be a public nuisance. Any dead [elm] tree or part thereof known to contribute to the spread of infectious diseases including logs, branches, stumps, or firewood, is hereby declared to be a public nuisance. Section 19 -1502. NUISANCE PROHIBITED. It shall be unlawful for the owner of any parcel of land in the City of Brooklyn Center to permit or maintain on any such parcel of land or upon abutting street right of way any [elm] tree or dead [elm] wood which is a P ublic nuisance as defined in Section 19 -1501. It shall be the duty of any such owner to promptly abate the nuisance by removing and destroying such [elm] tree or [elm] wood in a manner authorized by the City Manager or his duly authorized representative. Section 19 -1503. INSPECTIONS AUTHORIZED. In order to carry out purposes of this ordinance and to implement the enforcement thereof, the City Manager or his duly authorized representative is hereby authorized and empowered to enter upon any parcel of land in the City of Brooklyn Center at all reasonable hours for the purpose of inspecting any [elm] trees or dead [elm] wood situated thereon and removing specimens therefrom for laboratory or field analysis. It shall be unlawful for any person to prevent or interfere with the City Manager or his duly authorized representative in the performance of any duties provided for in this ordinance. ORDINANCE NO. Section 19 -1504. NOTICE TO ABATE NUISANCE. If it is determined that a public nuisance exists on a parcel of land or abutting street right of way, the City Manager shall cause to be served upon the owner of the parcel of land a written notice requiring such owner to abate the nuisance. Written notice shall be served by mail, addressed to the owner of the parcel at his last known address. If the owner upon whom such notice is served fails, neglects, or refuses to abate the nuisance within 20 days after mailing such notice, the City Manager or his duly authorized representatives [may] shall serve official notice in person or by certified mail, proceed to abate the nuisance five (5) days after receipt of such notice. and charge the cost thereof against the owner to be paid by such owner to the City of Brooklyn Center. Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of , r Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter; brackets indicate matter to be deleted.) i ® ltd R ( C('JMM UH.L.l T kHID ( DUR ILd.LL !BkfJ 7 =3 THE 1986 REPORT TO THE GOVERNOR OF MINNESOTA THE LEGISLATURE OF MINNESOTA THE COMMISSIONER OF AGRICULTURE THE COMMISSIONER OF NATURAL RESOURCES THE COMMISSIONER OF EDUCATION THE PRESIDENT AND THE REGENTS OF THE UNIVERSITY OF MINNESOTA BY THE MINNESOTA STATE SHADE TREE ADVISORY COMMITTEE Trees, highways, streets, schools, bridges, water mains, sewers, fire stations, and libraries are the main elements of the infrastructure of the cities and towns of Minnesota. Trees? Yes. Like the other elements of the urban infrastructure, the forest of trees- -the urban forest - -that literally covers our towns and cities is deemed to be an essential part of that collection of elements which Minnesotans require to create liveable communities. Our urban trees, like the rest of our urban infrastructure components, have some serious problems these days, and they require our attention. More precisely, all these elements of our community infrastructures require the attention of our State leaders, because our State is nothing more and nothing less than the sum of its urban and rural areas. If one element is allowed to decay, our entire State will be hurt. These days primary attention is properly focused on our present great rural crisis. But ether future crises can and should be prevented by timely action now! Because our state is relatively young, we have only recently had to face the fact that elements of our cities and towns grow old, deteriorate, and must be preserved, renewed and extended. Heretofore, other areas of the country have had to deal with declining and aging built -up areas and urban infrastructure components to a much greater extent than "young Minnesota." But now we have to think not only of renewal and planning for the downtown areas of a few major cities. We must face the fact that almost all the areas of Minnesota have to think of maintaining or otherwise renewing and updating their community infrastructures in the same way that the owner of an older house must focus on updating or replacing not only his or her roof, but also the electrical system, plumbing, siding, heating system and landscape of the house. The owner neglects such work at considerable peril. Our urban forests are no exception to this need for urban maintenance, renewal and updating. If we neglect them, the cost will only rise later. I Winston S. Churchill once commented that the English speaking peoples are much better at dealing with crises than at preventing them. Sadly, Minnesotans appear to fall squarely within the scope of Churchill's indictment. In the mid 1970s the Legislature, the Governors, the State Agencies and the University responded with great vigor to help cities and towns deal with the great loss of American elms due to Dutch elm disease. Large sums of state money, technical assistance and public information were provided to help communities slow the losses and plant over 750,000 new shade trees. As a result of that action, many urban areas have preserved many thousands of healthy mature elms and now are maintaining even more healthy young trees of other species. The northern and northwestern parts of the State were sadly shortchanged when the State program was halted during the budget crisis of the early 1980s, but in the rest of the State the communities had been helped to overcome the crisis. Those communities got the situation under control, and started to repair much of the damage to the urban forest component of their infrastructure. In short, Minnesotans, true to Churchill's prediction, did a rather good job dealing with a crisis. But other crises loom in our urban infrastructure. If not effectively dealt with and prevented now, they will become huge and expensive problems later. A relatively small sum spent now can solve many problems that later will require much more costly solutions. We can provide the proverbial single stitch now in the fabric of the urban forest component of our urban infrastructure which will prevent the requirement for ten costly stitches later: "A stitch made in time saves nine." The State Shade Tree Advisor Committee, in its Seventh Biennial Report to Y F the Governor, the Legislature, the State Departments and the University of Minnesota, is here proposing an integrated multi- agency but very modest effort at stitching up the present rips before they become the huge gashes we know are coming. 'What we propose may not be as exciting to read about as some of the other "hot issues" of our day, but if you ignore it - -as the Legislators and other government offlicials totally ignored Dutch elm disease when they could have stopped it with a single stitch in the early 1960s before it got out of control - -the costly mending process required later will be your unwelcome legacy to our State and its citizens. To you, our leaders, who will make the choice to act now or to let things deteriorate into major and very expensive problems in a few years, we dedicate this Report, and it is to you that this Report is ... Respectfully submitted, by Le M!Czmeo©lsa Mmce OL'tae e-_ Am1dn� ®try �mt��n���� 2 State Shade Tree Advisory Committee Report, September 1986. TABLE OF CONTENTS EXECUTIVE SUMMARY OF THE REPORT 4 I. A VERY SHORT HISTORY OF THE URBAN FOREST AS A PART OF MINNESOTA'S URBAN INFRASTRUCTURE: ITS PAST, ITS PRESENT, AND ITS PROBLEMS 5 A. Oak Wilt 5 1. Importance of Oak Wilt 5 2. Caere of Oak Wilt 6 3. Management of Oak Wilt 7 B. Dutch Elm Disease 8 C. Gypsy Moth 9 D. Ash Yellows 9 E. Other Tree Diseases 10 F. The Human Problems of Shade Trees 11 1. Construction Damage 11 2. City Conditions 11 3. Poor Planning 12 4. Poor Maintenance 12 II. PLANNING FOR THE FUTURE: PREVENTING PROBLEMS, NOT JUST DEALING WITH THEM 13 III. THE PROPOSED PROGRAM FOR THE 1988 -89 FISCAL YEARS 14 A. The Minnesota Department of Agriculture 15 1. The Gypsy Moth Program 15 2. Other MDA Shade Tree Activities 16 3. Public Information 16 B. The Minnesota Department of Natural Resources 17 C. A Multi- Agency Proposal to Manage Oak Wilt in Suburban and Rural Minnesota 18 16 1. Education 19 2. Inventory & Detection 19 3. Design of Management Programs 20 4. Supervision 20 S. Maintenance of Effort 20 6. Cost of the Oak Wilt Control Program for the Initial Biennium 21 D. The University of Minnesota . 21 E. The Minnesota Department of Education 24 IV. THE ROLE OF COMMUNITIES 25 V. THE CONTRIBUTIONS OF OTHER AGENCIES AND ORGANIZATIONS 26 A. The Department of Transportation 26 B. The Governor's Quality Environment Program and The Governor's Design Team in the State Planning Agency 26 C. The Minnesota Horticulture Society 26 D The Association of Metropolitan Municipalities and the League of Minnesota Cities 27 E. The Minnesota Society of Arboriculture 27 F. The Minnesota Forestry Association 27 G. The Tree Trust for Youth and Urban Conservation 27 H. The Minnesota Nurserymens' Association 28 I. The Minnesota Chapter of the American Society of Landscape Architects 28 V. CONCLUSION 28 VI. MEMBERS OF THE STATE SHADE TREE ADVISORY COMMITTEE 29 VII. APPENDICES Appendix A: The History of Urban Forestry Problems 32 Appendix B: Oak Wilt Program Cost Summary 38 Appendix C: Recommended Appropriations 39 3 State Shade Tree Advisory Committee Report, September 1986. EXECUTIVE SU`IMARY The urban forests covering every city and town in Minnesota did not just happen. They are as much a part of our community infrastructures as are roads, libraries and bridges. And, like those other elements, our community trees require planning, g provide continuing benefits. careful lan �, tending and renewal if the are to b P b Y The State Shade Tree Advisory Committee has been reviewing the status of and advising our State on our urban forests for 12 years. We here present a low- budget (under S 1,000,000 per year) integrated multi- agency program to cope with present problems and prevent expensive future disasters. It will save far more than it costs. We recommend that the Department of Agriculture's Shade Tree Program (presently costing $225,000 per year) be expanded to cover more than just Gypsy moth (dangerous though that plague is to our rural and urban forests) by adding $58,000 per year to provided for badly needed public information efforts. The Department of Natural Resources has utilized its District Foresters extensively to provide urban forestry assistance in those parts of the state where it has a major presence. We recommend that the DNR Forestry Division's budget be increased by $190,000 per year to fund four positions (to be located in the DNR's four out -state regional offices) to work with the MDA Shade Tree Program in assisting communities and individuals in those areas. Oak wilt is the most dangerous tree disease threatening our suburban trees and forests and one of the greatest threats to our valuable rural forests. Minnesota's oaks are under substantial risk, but unlike Dutch elm disease (which can only be slowed, albeit profitably so), oak wilt can be stopped. We recommend establishment of a joint MDA -DNR program to manage oak wilt in suburban and rural Minnesota at a cost of $250,450 per year ($159,150 to MDA and 591,300 to DNR). The economic threat of oak wilt justifies this expenditure many times over. University of Minnesota resources can provide much needed research and extension. Because of U of M budgeting processes, the only practical way to get this research in 1988 -1989 is to appropriate S 195,000 per year to MDA to contract with the U of M for necessary shade tree (including oak wilt) research and extension. The Minnesota Department of Education helps solve our environmental programs by observing the ancient maxim that "As the twig is bent, so grows the tree." We recommend that our State benefit by the vast leverage it can obtain through educating its young people on the value and the needs of our urban forests. Thus we recommend that $48,000 be added annually to the MDE budget for preparing and disseminating necessary curriculum materials to Minnesota schools. In addition to the above program, we recommend separately that the presently unfunded community grants program existing in the statutes be renewed and funded at $2,500,000 per year to assist communities (especially those in the northern and western parts of the State) to deal with problems of their urban forests. 4 State Shade Tree Advisory Committee Report, September 1986. I. A VERY SHORT HISTORY OF THE URBAN FOREST AS A PART OF MINNESOTA'S URBAN INFRASTRUCTURE: ITS PAST, ITS PRESENT, AND ITS PROBLEMS In the beginning in Minnesota there were no urban forestry problems because there were no urban forests. Part of the state was virgin forest, the rest was virgin prairie. In one part the problem was to cut down the huge old trees and market the lumber. In the other part the problem was to break the prairie and begin the farming operations that have produced the great harvests which are part of our very large rural crisis today. But as citizens began to build our communities, they began to plant trees. Almost all of the large old elms, oaks, ash, lindens, pines and spruces we see in Minnesota were planted by energetic pioneers in the towns they were building. They had the advantages of rich, non - compacted soil, few or no cars, little paving, a civic attitude that promoted individuals to care for the trees around their homes, and, perhaps most important, a widespread distribution of the knowledge of how to care for plants and trees that is inherent in those who work with the land in an essentially rural setting. The work of the pioneers and of the builders of the earlier part of this century served us well. Our cities and towns grew beautiful and became pleasant places as their large scale tree plantings matured into the grand old specimens we now revere. But nothing lasts forever without care and renewal, and the urban forests are no more an exception to that rule than are the houses, barns, firehouses, water and sewer lines, brick roads, libraries, and schools which our forebearers built. Furthermore, just as many of our urban forests matured, they were set upon by two huge disasters, with other disasters lurking in the wings, waiting for an opportunity to explode upon us. Dutch elm disease and oak wilt are well -known problems, and we will present just a summary of those twin plagues here. Readers are referred to Appendix A to this Report which contains a more detailed history of the progress of these diseases and what the State did (and did not) do about them. Another part of the history of the problems of our urban forests is less well known. That part concerns the other problems which form the new threats to our urban forests. A few of the major ones are also described below: A. Oak Wilt 1. Importance of Oak Wilt Oak wilt is the most serious disease of shade trees in Minnesota. It is true that the American elm was a dominant tree species along boulevards (and still is in many older cities such as St. Louis Park, Robbinsdale, Duluth, and others), in parks and in many yards. But oaks outnumber elms in metropolitan areas almost two -to -one and will increasingly be the dominant tree species as communities grow into the 16 surrounding countryside. 5 State Shade Tree Advisory committee Report, September 1986. Each year more oaks are killed by oak wilt than elms are killed by Dutch elm disease includin g years a such 1977 when St. Paul alone lost over 50,000 elms. s The disease has spread very slowly northward in Minnesota to a line from St. Cloud to Taylors Falls and we a from t. Cloud to Mankato and south to Iowa. y west to line f o S , Because this disease can be spread long distances by human activity, it is an imminent threat to all our vast northern and western forests, in all of which oak is a significant component. In a survey conducted statewide last year, 241 communities in 49 counties reported losses to oak wilt. The toll in our hardwood forests is yet to be determined. There are approximately 234,000,000 oaks in Minnesota, based upon the DNR /U.S. Forest Service Phase I Inventory conducted in 1978. Oaks grow in a wide variety of sites. They can tolerate very poor soils where few other tree species survive; they last far longer than elms (often surviving for upwards of 200 years); and they have few problems other than oak wilt and construction damage. They are attractive, sturdy and highly valued both as a shade tree and as a timber species. The officials of our State must consider these facts: • A single large red oak can add $10,000 to the property value of a residential lot! • Oak is currently the primary wood used in the manufacture of furniture, cabinets, millwork and flooring! • 45,000,000 board feet (approximately) of red oak is sawn annually to supply our secondary wood industry, which employs 16,000 Minnesotans! • Cabinet manufacturing is a $160,000,000 per year industry in Minnesota, and Minnesota has the largest cabinet producing industry in the Midwest. Red oak accounts for 90% of the lumber used by Minnesota's cabinet manufacturers! • There is a substantial foreign demand for Minnesota's oak lumber, logs and products. However, many foreign countries have placed severe restrictions on the importing of oak from Minnesota due to the presence of oak wilt in our State! Clearly, the oaks are a resource which deserve our concern. The good news, discussed in detail below, is that oak wilt can be stopped and even eliminated. 2. Cause of Oak Wilt Like Dutch elm disease, oak wilt is caused by a fungus that induces pluQ b ginO b of the water - conducting system of the tree. It affects red oaks most readily but is a menace to all types of oaks. After an infected red oak dies the fungus colonizes the wood under the bark and produces a "mat" of spores. (Surprisingly, other types of 6 m State Shade Tree Advisory Committee Report, September [ember 1986. oaks do not produce this mat, even though they can be infected with oak wilt.) As this mat on an infected red oak thickens, it exerts sufficient pressure to split open the bark, releasing a fermenting odor. The common picnic beetles (known to scientists as the sap- feeding Nitidulid beetles) are attracted to this odor. They feed on these mats in great numbers and then carry spores to existing fresh wounds on healthy oaks, where infection results. Herein lies the important difference between oak wilt and Dutch elm disease. Elm bark beetles create wounds by feeding in elm twig crotches to introduce spores. In contrast, a fresh wound must already exist in an oak in order for the picnic beetle to deposit oak wilt spores. For this reason Dutch elm disease spreads overland much faster than oak wilt. Also for this reason oak wilt is controllable and may even be eliminated. Almost all oak wounds, into which oak wilt can be spread, are due to human activity, especially new home construction. By mid -May, the ground has thawed enough to allow bulldozers to clear brush and stumps and to grade new home sites. Bulldozers take to the woods in large numbers, gashing trunks and breaking limbs off trees that builders often have promised to save. If oak wilt is present anywhere nearby (up to a few miles away), the stage is set for rapid spread into the wounded trees. Picnic beetle activity and oak wilt mat production are greatest in May and June, when otherwise healthy oaks are highly susceptible to infection. The growth of our ccrnmunities into the wooded countrysides has resulted in a dramatic increase in this artificial spread of oak wilt. The situation is further aggravated when the uninformed homeowner prunes his or her oaks in the spring. After one oak is infected in a grove of oaks, another means of spread of the disease sets in. As an infected oak wilts and dies, the fungus is drawn into adjacent healthy oaks through their interconnecting root systems (root grafts). Since oaks (more so than elms) tend to grow in pure or nearly pure stands, especially on poor sandy soils, they are quite susceptible to progressive destruction if one member of a stand is infected. More than 95% of all new oak wilt infections result from root graft transmission. But this transmission is relatively slow. Scientists estimate that oak wilt moves through grafted root systems at the rate of 15 -20 feet per year. 3. Management of Oak Wilt There is no "cure" for oak wilt in the sense of a cure for human diseases, such as vaccines for chicken pox or antibiotics for bacterial infections. Therefore, management of oak wilt consists of preventing the disease from spreading to healthy trees. The chief component of a management program is education, to teach people not to prune or otherwise wound healthy oak trees during May and June. The second component is to cut the interconnected root systems so the spread of the disease in an infected area is halted. A modified vibratory plow, of the type normally used to bury telephone or power cables, has proven most effective in stopping root graft spread of oak wilt. The third part of a management program 7 State Shade Tree Advisory Committee Report, September 1986. consists of preventing sporulation of the fungus by treating those few trees on which spores will form in May and June. Because oak wilt is slower moving than Dutch elm disease, a modest program in each community with sizeable oak populations, combined with a similarly modest but widespread spotting and information disseminating program in rural areas, can reduce the disease to a minor problem. If left unchecked, and if aided by ignorant construction and pruning activities, oak wilt will destroy large portions of our exceedingly valuable oak forests - -both urban and rural. B. Dutch Elm Disease Dutch elm disease has been talked about so much that it has become a bore to some people. But as long as there are American elms (there are no Dutch elms in Minnesota- -Ulmus hollandica cannot survive our cold, dry winters) there will be Dutch elm disease. The disease is named for the nationality of the scientists from The Netherlands who identified it, even though its origin is probably somewhere in China or western Asia. It is caused by a fungus infection which results in a clogging of an infected tree's vascular system. The tree dies because water cannot travel up the trunk through the branches to the leaves. The agent for the spread of the disease (the "vector" in scientific terms) is a tiny beetle, a little larger than a pin head. There are two types of beetles: native elm bark beetles and European bark beetles. The beetles only lay their eggs under the bark of dead or dying elms. In their nests, the Dutch elm disease fungus "blooms" or, as scientists say, it sporulates. The young beetles carry the spores of the fungus on their bodies. The only place that the European beetles feed is in the crotches of the tiny branches high in elm trees. During feeding, the spores drop from their bodies into the small wounds in the trees caused when the beetles eat the tender cambium cells in the twigs of the elm trees, and infection results. The cycle (or, more properly, the "spiral ") is a vicious one. The more infected, dying or dead trees there are, the more beetles there are. The more beetles there are, the more dead or dying trees there are. Left unchecked, this spiral results in the virtual elimination of all American elms. This is especially sad since American elms are perhaps the best possible urban shade tree from the standpoint of their beauty, size, ease of transplanting, rapidity of growth and adaptability to hostile urban soil, water and air conditions. The key thing to understand about Dutch elm disease is that controlling it (and thus limiting losses and attendant costs) consists in doing just what will have to be done in any case, namely removing diseased trees and disposing of them properly. Through local control programs aided mightily b the large State aid g g ( g Y Y b P r State's a program which was killed 1n 1981 -1982 during the Sta e s bud crisis), many communities in Minnesota have controlled the spread of Dutch elm disease and are limiting annual losses to a small percentage of their elm populations, thereby cutting annual costs for removal to a tolerable level. These same communities are using the time they buy with their control programs to plant new shade trees of other species so that their streets and parks are never going to have to go through a treeless, "start-over phase." 8 State Shade Tree Advisory Committee Report, September 1986. r C. Gypsy Moth Someone once said If you like Dutch elm disease, you'll love the Gypsy moth." If there is a "take -all" plague threatening our urban forests, it is the Gypsy moth. Gypsy moths have invaded most states of the eastern U.S. after escaping from a person who had imported them in an effort to make silk. Gypsy moth caterpillars are the omnivores of the urban forest. They will eat just about anything that is green, but their preference is for shade trees, especially oaks, aspen and birch. When they have stripped those trees of their leaves, they will eat other trees including evergreens, bushes, and even sometimes the plastic of the traps set to catch them. The Gypsy moth is called "Gypsy" because of its habit of catching a ride on anything that moves. A prime method of transmission is the household goods moving industry. A prime offending class of movers is, unfortunately, that of the corporate executive, whose moves are frequent and are paid for by the company for whom he or she works. Thus, the moving executive often has everything moved, including picnic tables, firewood, and other items which less favored individuals would leave behind when they move. Gypsy moth egg cases laid under picnic table tops and on other yard items often are imported into Minnesota that way. Given favorable conditions, the Gypsy moth population can explode and start to strip whole areas of their green vegetation. Trees without leaves cannot produce sugars they need to survive. If a tree is stripped once, it usually has enough stored energy to put out new leaves. But if it is stripped in successive seasons, death often results. Once the Gypsy moth population has exploded, there is no chance to eliminate it, even with powerful and often dangerous insecticides. It can only be managed at very considerable cost. Up to the present time, Gypsy moth colonies in Minnesota have been detected and infestations have been eliminated using biological controls and limited insecticide spraying. This program is being carried out by the Minnesota Department of Agriculture with very limited funds provided from the present Shade Tree Program appropriation made by the 1985 Legislature, in cooperation with the Department of Natural Resources and the U.S. Department of Agriculture. Traps have been set out in many areas in Minnesota by the Minnesota Departments of Natural Resources and Agriculture to monitor the presence of Gypsy moths. When they are detected, the joint program conducts a more intensive search effort and, if necessary, implements an eradication plan in a limited area. This program must be continued if Minnesota is to avoid a disaster. D. Ash Yellows After the loss of the American elms due to Dutch elm disease, green ash were planted in great numbers in many communities (especially in newly developed areas), in spite of public warnings from The State Shade Tree Advisory Committee and by many experts that Minnesotans should not be so unwise as to dash from the 9 Shade Tr State Sh Tree Advisory Committee Re S so Co Report. September 1986. Po rY P disaster of Dutch elm disease into the danger which could result from unplanned planting of too many trees of another single species. We strongly advised that communities draw up careful plans for replanting after the loss of elms and for planting new subdivisions. We advised against reliance on any one species. Anyone who tours the average new suburban development can see that this advice was totally disregarded. We also advocated that several million dollars be spent on researching and developing new shade tree species, so that we would not be so dependent on a few species. That advice, too, was disregarded. We predicted disaster if our advice was not heeded. Now, in 1986, it appears that our prediction may be coming true. A disease called "ash yellows" is killing large numbers of rural and urban green ash trees and is causing significant problems for nurseries growing shade trees for sale. Based upon work done by Dr. David French and others at the Department of Plant Pathology at the University of Minnesota in cooperation with scientists from across the country, it now appears that ash yellows is caused by what is called a "mycoplasma -like organism " - -an organism smaller than most bacteria, but larger than viruses. Many scientists believe that ash yellows is spread by the ubiquitous "leaf hopper" a small insect that leaps from one plant to another, sucking the juices and spreading the disease. Leaf hoppers are well known to gardeners as the agent for the spread of "aster yellows," a disease that kills asters and marigolds. The insects can be carried long distances on wind currents when temperature and 1 6 humidity conditions are right. At the present time nothing is known about any cure for ash yellows disease. Most plant diseases are not "cured" anyway. What is done is that resistant strains of the plants are discovered or created by breeders. Nothing is known about resistant strains of ash, either. The ash is an important hardwood forest species and is being severely threatened in eastern Iowa and other places by ash yellows. The ash is very important to the wholesale and retail nursery trade, with sales figures amounting to many millions of dollars annually. E. Other Tree Diseases There are a number of other tree diseases of varying seriousness. The widely planted honey locusts are often killed or badly disfigured by Necrria cankers- -large wounded and dying areas on the trunks and limbs which cause the portion of the tree above the cankers to die. Sugar maples, in addition to suffering when they are planted in poor, sandy, dry soils or in hot locations, suffer from a number of other diseases. The list could go on and on, because most currently available trees are not as hardy and as trouble free as the widely planted American elm (with, of course, the one large exception of Dutch elm disease). We should note that this is cause for 16 concern and cause for action, but not for despair, since shade trees are no different than human beings, farm animals, or common agricultural crops. They are subject 10 State Shade Tree Advisory Committee Report, September 1986. t to a host of problems. These problems are not overly difficult to solve or to circumvent. But they will require some effort. Unfortunately, for too long Minnesotans have taken their trees and the health of their urban forest for granted in a way which they have not done with their own health, or with the health of their agricultural animals and crops. Almost no money has been put into shade tree research and even less money has been put into planning. Such penny pinching is simply foolish, and is proving to be very, very costly to our State. F. The Human Problems of Shade Trees The diseases described above are certainly bad. But what far worse in total is h human beings -- Minnesota citizens - -are doing to their shade trees through ignorance or design. These problems result in much loss and great expense, and most of them could be minimized or avoided. Among them are the following: 1. Construction Damage A great deal of building is going on in the hardwood forests which surround many of our urban areas. Many commercial home builders seem almost willfully stubborn in refusing to acknowledge what most other people know: a tree's roots are as important to its health as are its branches and leaves. By smothering a tree's roots with fill, the tree is almost certain to die within one to three years. Scientists have long known that the average tree's roots are very sensitive and extend far beyond the range of its branches. Roots absolutely must have oxygen in order for the tree to be healthy. It is not enough to protect a tree's trunk from damage during construction operations. Its entire root system must be kept from being smothered, cut, or compacted. Builders are almost certainly committing fraud or are guilty of gross negligence if they sell new homes on wooded lots at a premium when many of the trees on those wooded lots are almost certain to die soon because of the builders' actions. As noted above in the section on oak wilt, construction damage is the principal cause of the overland spread of oak wilt. Such construction damage is resulting in the needless death of many millions of dollars worth of shade trees every year in areas where new construction is taking place. 2. City Conditions Trees to be planted in 1987 in cities and towns will face far greater problems than the trees planted by our great, great grandparents in 1887. Soils have been compacted for a century or more; they have been leached of nutrients; cities and towns have large expanses of paving that often becomes hot enough to fry eggs in summer, and then provide large open sweeps for bitterly cold winter winds. Broad -leaf weed killers are applied to lawns with almost reckless abandon and certainly without notice that the maples and birches growing in the lawns also have broad leaves. Lawn mower casings are smashed into the tender bark of young trees in an effort to get close to the trees, and if that fails to eliminate all the grass then 11 State Shade Tree Advisory Committee Report, September 1986. weed whips are held up against the tree, eating away not only grass but also sensitive cambium layers of the trees. The trees soon die as a result. Young hoodlums tear down trees in acts of stunning bravado and cunning skill and, surprisingly, very few young trees are able to run away from these conquering heroes! Engineers decree that sidewalks and streets must run in exactly straight lines, and like the mythical Greek giant Procrustes himself, they cut off the offending members of trees which do not fit into the Procrustean beds of their engineering designs. Compaction of the soil around trees due to construction activities or just from repeated use by people severely inhibits the ability of trees to grow and often kills them. The list of sins against the trees of our urban forests is as long as it is sad. It is a tribute to the strength and adaptability of urban trees that there is any green at all in many parts of our cities and towns. Against the twin tree diseases of human greed and human ignorance, only public education serves as a vaccine. 3. Poor Planning If our urban roads and sewer systems were as poorly planned as are many portions of our urban forests in Minnesota, the engineers who had committed such atrocities would certainly be asked to seek other employment. Much of the costs that Minnesotans will be incurring in replacing and modifying their urban forests in the future could have been greatly limited by better planning. Even though trees are the most visible element of the urban infrastructure, and one of the most valuable parts thereof, there seems to be a widely held view that planning for urban trees is a frill and is not necessary in days of tight budgets. If a legislator or a city council member insisted that no plans were needed for a new sewer system, or that the location and design of a new fire station did not deserve careful engineering and study and the expenditure of at least a modest amount of funds on planning, that public official would probably be laughed out of office. But all too often our leaders seem to be totally unwilling to spend any money planning the urban forest, which may be expected to last far longer than most other public utilities (and the urban forest is a public utility, make no mistake about it). A modest sum spent on studying soil conditions, building locations and heights, street and other utility locations, and on carefully selecting appropriate species for different locations would save a community much money over the decades in which the trees being planted may reasonably be expected to live. 4. Poor Maintenance Most people would never assume a lawn in front of their house or civic building needed no water or mowing, and would never assume that a roof on their home or school never needed repair, and would never think that a street did not need to be patched and seal- coated at regular intervals. But many of these people, all of them good Minnesota citizens, seem to have the idea that since only God can make a tree, He will take care of it once it is planted. Apparently this is asking too much of the Almighty in light of the many other concerns which demand His attention in the 1980s, because poor maintenance seems to be one of the major 12 State Shade Tree Advisory Committee Report, September 1986. causes of the failure of many of the new trees planted in our urban forests as communities seek to rebuild that element of their urban infrastructure. Our bicy elms did not rise so majestically into the air around our homes because their trunks lengthened! Their lower limbs were pruned off and the trees were watered, fertilized and protected by our forebearers. If Minnesotans expect to have urban forests in the future which are a source of pride and enjoyment to their State, they must be prepared to pay a little attention and devote a little skill to the maintenance of the trees they plant. Frankly speaking, maintenance is an especially large problem in small communities, which often do not have the resources (or refuse to levy taxes) sufficient to pay for pruning work on street and park trees. With liability considerations becoming increasingly important to city budgets, proper maintenance and pruning of street trees is not only necessary for the creation and maintenance of an attractive community; it is necessary as well to avoid losses. II. PLANNING FOR THE FUTURE: PREVENTING PROBLEMS, NOT JUST DEALING WITH THEM The Minnesota State Shade Tree Advisory Committee requests that the leaders of our State acknowledge that our urban forests are here to stay and that the urban forest part of our urban infrastructure is not going to go away any more than are our paved roads and other civic amenities, because Minnesotans want cities and towns with handsome shade sees. If that request is granted, then we advise and recommend that the State adopt a modest, sensible and effective program for assisting communities in preserving, planning, renewing and protecting our urban forests. The first responsibility in this area obviously lies with communities. They are the ones who must decide to devote some small portion of their public revenues to trees as well as to sewers and libraries and other urban elements. But the State of Minnesota has a very important role to play. In our view, the State must do what the individual communities cannot do at all, or cannot do nearly so well, for themselves. The remainder of this 1986 Report is directed to our recommendations on what the State can and, in our view, should do. Central to our recommendations is that the State must take the long view and recognize that the problems of our urban forests are not ones which can be focused on for a few years and then dropped entirely when budgets get tight, as they do periodically. The actual expenditures recommended by us are small- -even tiny. And they are made with a clear understanding that our rural and urban areas face many great problems calling for vast expenditures of State and local revenues. 13 State Shade Tree Advisory committee Report, September 1986. But our recommendations are made on the assumption that the State and its leaders recognize that we must think and plan and work on the problems of our urban forests now and for many years to come if we hope to avoid costly ecological disasters like Dutch elm disease and if we hope to solve pressing and expensive threats like oak wilt, ash yellows, poor planning, limited tree species availability, frauds against buyers of new homes on wooded sites, and the like. III. THE PROPOSED PROGRAM FOR THE 1988 -1989 FISCAL YEARS The Minnesota State Shade Tree Advisory Committee is here proposing a lean, integrated, multi- agency cooperative program for the State's effort in managing the multi - billion dollar element of our urban infrastructure which we call "the urban forest." There are four State agencies involved in the proposed cooperative urban forestry program. Each of these agencies has a unique and mutually supportive role. The Minnesota Department of Agriculture and the Department of Natural Resources function to provide survey, disease management (and, in some cases, eradication) efforts, and informational and market services. The Colleges of Agriculture and Forestry of the University of Minnesota have specialists on their staffs capable of providing the research which is badly needed, and capable of developing information and publications required if that research is to be properly utilized. The Department of Education performs the vital role of educating our young people on the value of our urban environments and the all- important role which knowledgeable citizens must play in preserving and improving that environment, of which our urban forests are the largest and most visible part. We have studied each of these elements for a long time, and have thought and debated a great deal about how they all fit together. We strongly recommend that you do not implement the program piecemeal, because we have purposefully designed a program that builds upon the strengths of various elements of our State government, and which requires all of these elements to work together and to contribute if we hope to achieve the benefits we know are attainable. To understand what we are proposing it will be necessary to consider the elements in a somewhat separate fashion and then to view them as part of an integrated, teamwork effort. In summary, we propose a State government interdepartmental program with four major components: J P (1) The Minnesota Department of Agriculture ( "MDA ") would continue to conduct the programs presently being conducted in the Shade Tree Program authorized by the 1985 Legislature and which would be expanded on a modest basis to allow it to participate in the interdepartmental oak wilt control program discussed below. In addition, the MDA would receive a limited amount of funds to allow it to carry out a small but effective public relations program, since so much of 14 State Shade Tree Advisory Committee Report, September 1986. 1� CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of March 1988 a t 7:45 P.M. at the City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Amending Chapter 21 Regarding Public Transportation. 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 21 REGARDING PUBLIC TRANSPORTATION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 21 of the City ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 21 -108 RATES. Every taxicab operated under this ordinance shall display in view of all passengers a rate card setting forth the authorized rates of fare. Rates charged [may not exceed taxicab rates which are lawful in the City of Minneapolis] shall be set forth by City Council resolution The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number, amount of meter reading or charges, and date of transaction. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of Mayor ATTEST: Clerk Date of Publication Effective Date (Underline indicates new matter, brackets indicate matter to be deleted.) CITY OF BROOKLYN CENTER Council Meeting Date 3/14/88 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE AMENDING CHAPTER 29 REGARDING FILING FOR MUNICIPAL OFFICE DEPT. HEAD'S APPROVAL: 1 x' Z c� Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report U Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached This ordinance amendment is made necessary because of a change the 1987 Legislature made so that absentee ballots can be ready 30 days before the primary election. it states that persons interested in running for elected office must submit an affidavit of candidacy not more than 10 weeks nor less than 8 weeks before the municipal primary. This translates into July 5, 1988 for opening day and July 19, 1988 for closing. The current City Ordinance requires filings to open not more than 16 weeks nor Less than 14 weeks before the regular municipal election. This translates into July 19, 1988 for opening day and closing on August 2, 1988. The attached ordinance amendment will bring us into compliance with State law. RECOMMENDATION- Motion to waive the reading and hold the first reading of An Ordinance Amending Chapter 29 Regarding Filing for Municipal Office. 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 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.) cu e • CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN TELEPHONE 561 -5440 C ENTER EMERGENCY- POLICE - FIRE 911 February 26, 1988 Dear Property Owner: At 8:00 P.M. on Monday, March 14, 1988, the Brooklyn Center City Council will conduct public hearings on the proposed improvement projects identified in the enclosed "Notice of Public Hearing ". This notice states the general nature of the improvements, the estimated costs and the areas to be assessed. Your property lies within the area proposed to be assessed for one of these improvements. Additional information which describes the proposed improvements has been included, as well as information to aid you in estimating potential assessment to your property. The hearing is an opportunity for you to express an opinion on the proposed improvement, if you desire to do so. The City Council will consider your comments and input before a decision is made on these projects. You are encouraged to call the City Engineering Department at 561 -5440, if you need additional information or have a question which could be resolved in advance of the meeting. Your very t ly,�- Sy napp Director of Public Works Enclosures SK: jn �' 19A61ll- AMERIG QfY r NOTICE OF PUBLIC HEARING FOR IMPROVEMENTS CITY OF BROOKLYN CENTER Notice is hereby given that the Council of the City of Brooklyn Center, Minnesota, will meet at the City Hall, 6301 Shingle Creek Parkway, on Monday, March 14, 1988, at 8 :00 o'clock P.M., local time, for a public hearing on each of the following proposed improvements: Description: Street reconstruction projects including storm sewer improvements, regrading, subgrade preparation, installation of concrete curb and gutter, bituminous paving, construction of sidewalks and bikeways in selected areas, and lift station modifications. Improvement Project No. 1988 -04 Location: Includes Logan Avenue North from 57th Avenue North (Co. Rd. 57) to Lilac Drive and Lilac Drive from Logan Avenue North to 59th Avenue North. Estimated Cost: $595,490 Improvement Project No. 1988 -05 Location: Includes France Avenue North from the South City Limits to 50th Avenue North. Estimated Cost: $426,950 Improvement Project No. 1988 -06 Location: Includes Lakebreeze Avenue North from France Avenue North to Azelia Avenue North. Estimated Cost: $134,550 Improvement Project No. 1988 -07 Location: Includes 50th Avenue North from France Avenue North to Trunk Highway 100. Estimated Cost: $220,910 The benefitted areas proposed to be assessed for these improvements include all properties lying within the following four zones: Zone A: All commercial /industrial properties, and properties which are zoned and used for R -4 or R -5 multiple family residences, that are abutting the proposed improvements to a depth of 200 feet from the abutting frontage. Zone B: Those portions of abutting commercial /industrial properties, and properties which are zoned and used for R -4 or R -5 multiple family residences, that lie beyond Zone A (the 200 foot zone abutting the frontage). Zone C: All properties which are zoned or currently used for one - family or two - family residences, and which are abutting the proposed improvements. Zone D: All properties which are zoned or used for R -3 multiple family residences (townhouses or garden apartments) and which are abutting the proposed improvements. The Council proposes to proceed under authority granted by Minnesota Statutes, Sections 429.011 to 429.111. Such persons as desire to be heard with reference to the proposed improvements will be heard at this meeting. 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. D. K. WEEKS CITY CLERK CITY OF BROOKLYN CENTER Dated February 26, 1988 By order of the City Council (Published in the Brooklyn Center Post on March 3 and March 10, 1988.) ENGINEER'S REPORT * *EXECUTIVE SUMMARY** LOGAN AVENUE & LILAC DRIVE - 57TH AVENUE TO 59TH AVENUE STREET IMPROVEMENT PROJECT NO. 1988 -04 FRANCE AVENUE - SOUTH CITY LIMITS TO 50TH AVENUE STREET IMPROVEMENT PROJECT NO. 1988 -05 LAKEBREEZE AVENUE - FRANCE AVENUE TO AZELIA AVENUE STREET IMPROVEMENT PROJECT NO. 1988 -06 50TH AVENUE - FRANCE AVENUE TO TH100 STREET IMPROVEMENT PROJECT NO. 1988 -07 PROJECT DESCRIPTION: Proposed Street Improvement Project Nos. 1988 -04, 1988 -05, 1988 -06 and 1988 -07 are street reconstruction projects. The work includes storm sewer improvements, regrading, subgrade preparation, installation of concrete curb and gutter, bituminous paving, construction of sidewalks and bikeways in selected areas, and lift station modifications. PROJECT LOCATION: The location of the proposed projects is listed below: Street Improvement Project No. 1988 -04: Includes Logan Avenue North from 57th Avenue North (Co. Rd. 57) to Lilac Drive and Lilac Drive from Logan Avenue North to 59th Avenue North. Street Improvement Project No. 1988 -05: Includes France Avenue North from the . South City Limits to 50th Avenue North. Street Improvement Project No. 1988 -06: Includes Lakebreeze Avenue North from France Avenue North to Azelia Avenue North. Street Improvement Project No. 1988 -07: Includes 50th Avenue North from France Avenue North to Trunk Highway 100. INTRODUCTION: The proposed street improvement program concentrates on the Municipal State Aid (MSA) Street System. The MSA Street System represents most of the collector streets for which the City has full responsibility. Streets selected for this study consists of the street segments that have had the most severe problems. Generally, the streets in this proposed program have deficient pavement structure and serious drainage problems. The purpose of this study is to determine the most feasible resolution of the problems. DISCUSSION: The greatest problem common to all the streets is poor drainage. Lack of curb and gutter and poor vertical alignment have magnified the drainage problems to a point where these problems are affecting the pavement structure. In most cases, an adequate drainage system was never installed for the roadway. Included in these projects are sidewalk and trailway improvements which range from repair to new construction. Acquisition of some additional right of way is recommended to provide optional parking and trailway facilities. 1 ROADWAY IMPROVEMENTS: The "salvage value" of the existing pavement was estimated as a credit against any cost related to roadway construction given routine maintenance. The pavement has salvage value because of the good maintenance performed by the City. The poor alignment accounts for standing . water, ice dams and other problems related to poor alignment. Correcting the problem is a major task because adjacent property grades preclude fill options. Cut options mean that the entire road section must be rebuilt at a lower grade to establish the minimum slope required for drainage. The proposed pavement widths are listed below in the Pavment Width Table. The proposed widths include curb and gutter and conform to MSA design standards. PAVEMENT WIDTH TABLE Project Pavement Parking Description Width Location Improvement No. 1988 -04 Logan Avenue and Lilac Drive 57th Avenue to 59th Avenue 36 ft. West Side Only Improvement No. 1988 -05 France Avenue South City Limits to T.H. 100 36 ft. West Side Only Improvement No. 1988 -05 France Avenue North of T.H. 100 to 50th Avenue 32 ft. None Improvement No. 1988 -06 • Lakebreeze Avenue Azelia Avenue to France Avenue 32 ft. None Improvement No. 1988 -07 50th Avenue France Avenue to T.H. 100 36 ft. South Side Only France Avenue Area Project: Included in the France Avenue area project are Improvement Projects 1988 -05, 1988 -06, and 1988 -07. The streets in the France Avenue area need realignment to establish drainage, for safety, and to protect the road structure from damage. Realignment is necessary on Lakebreeze to improve grade at the Denny's Restaurant entrance and to provide improved geometrics at the France Avenue intersection. The proposed realignment would also provide needed improvements to drainage on Lakebreeze Avenue west of Denny's Restaurant. Logan Avenue Area Project: Logan Avenue and Lilac Drive are nearly flat from 57th Avenue to 59th Avenue. Due to property elevations, there is no alternative to lower grades to establish proper drainage slope on these streets. The realignment for proper drainage exposes other problems. The realignment establishes good drainage but it is done at the expense of the existing pavement structure and the expense of the existing shallow storm sewer. While existing pavement has salvage value, the existing storm sewer has no value and is a liability in the winter, freezing so quickly that it simply is not functional when it is needed most. 2 STORM WATER DRAINAGE SYSTEMS: The proposed storm water drainage systems were sized in accordance to City standards for commercial and industrial zones. They were sized for a 10 -year return period storm. Bringing existing systems up to current design standards results in the need for reconstruction and relocation of existing drainage facilities and the need for new systems at other locations. France Avenue Area Project: Work in this area consists of lateral construction and catch basin relocations. The proposed construction of this drainage system is needed to compliment the roadway realignment and to facilitate curb and gutter construction. Logan Avenue Area Project: Logan Avenue and Lilac Drive between 57th and 59th Avenue do not have sufficient elevation difference to remove storm water and the grade problems cannot be corrected without increasing the street slope. Raising the street at one end was not an option because it would raise the street above adjacent property. Lowering the grade requires a low point on 58th. While a storm sewer exists at 58th and Logan Avenue, it has numerous deficiencies. It is undersized for the amount of storm water it must collect and is so shallow that it freezes shut during the winter. This frequent freeze problem results in hazardous ice dams. A deeper, higher capacity storm sewer is required to solve the storm water problem in the Logan Avenue area project. SIDEWALK /TRAILWAY IMPROVEMENTS: Sidewalk repair and trail construction is a major element of the proposed program. The work along 50th, France, and Lakebreeze Avenues is a Phase I element to the bike and pedestrian trail that would link the southwest corner of the City to the Brookdale area. No sidewalk or bike trail is proposed for France Avenue south of 48th Avenue. . France Avenue Area Project: An off - street combination bike and pedestrian trail is proposed from Azelia Avenue and Lakebreeze Avenue to France Avenue and 50th Avenue. This 10 foot wide trail would be a part of the southwest link from the Twin Lake area to the Brookdale Shopping Center area. The trail could be extended westerly from Azelia Avenue as an "on- street" facility in the future, since it is a residential area with low traffic volumes. The alignment of a future bike and pedestrian trail north of France Avenue and 50th Avenue would divide. Pedestrians would follow France Avenue to 53rd Avenue then east across Brooklyn Boulevard to Brookdale. The bike trail would run east from France Avenue and 50th Avenue, along 50th Avenue as an off - street facility to Drew Avenue where it would turn north as an on- street facility along Drew Avenue to 53rd Avenue where it would again be a combined bike and pedestrian trail. At Brooklyn Boulevard the routes would again divide and the bike trail would follow Brooklyn Boulevard to 55th Avenue where it would enter Brookdale. The pedestrian trail would cross Brooklyn Boulevard at the signalized intersection at the north ramp terminals from TH100. Logan Avenue Area Project: The proposed sidewalk work on Logan Avenue is repair and replacement. The general condition of sidewalk along Logan Avenue is good. There are segments, particularly under driveways, that should be replaced as a part of driveway apron construction. RIGHT OF WAY ACQUISITION: It is recommended that additional right of way be acquired from seven parcels in the France Avenue project area, and from two parcels in the Logan Avenue project area. Acquisition of these parcels will allow development of off - street trailways in lieu of on- street trailways, provision of additional parking, and the improvement of grades in the vicinity of the lift station on Lakebreeze Avenue. Both projects could be built to minimum standards without obtaining easements so failure to acquire right of way would not stop the project. 3 k. , ECONOMIC EVALUATION: The proposed Street Improvement Program is divided into four projects due to MSA accounting considerations. Three of the projects are eligible for MSA funding from the regular account and one (Lakebreeze Avenue) is not eligible because it is not on the MSA system. • France Avenue Area Project: France Avenue, Lakebreeze Avenue, and 50th Avenue function as a unit serving the France Avenue area and were combined for the purpose of economic evaluation. The City's basic policy is to assess 100 percent of street improvement project costs in commercial and industrial areas. For this project, it is recommended that special assessments to commercial and industrial properties, and to properties which are zoned and used as R -4 or R -5 properties, be levied based on two levels of assessments; i.e., Zone A for property that abuts and benefits from the improvement, and Zone B for property that does not abut but benefits from the improvement. For those properties which are currently used as R -1 or R -2 properties, we recommend that the City's current policy for special assessments to residential properties be applied. It is recommended that the assessable cost be divided equally between Zone A and Zone B. The resulting estimated special assessment rates are as follows: FINANCIAL SUMMARY FRANCE AVENUE AREA CONSTRUCTION COST SUMMARY ROADWAY COST France Avenue (1988 -05) $321,420 Lakebreeze Avenue (1988 -06) 109,920 50th Avenue (1988 -07) 116,140 . TOTAL ROADWAY COST $547,480 TOTAL STORM SEWER COST 110.010 TOTAL CONSTRUCTION COST $657,490 TECHNICAL, ADMINISTRATIVE, LEGAL AND CAPITALIZED INTEREST (19 %) 124,920 TOTAL ESTIMATED PROJECT COST $782,410 ASSESSMENT COST SUMMARY TOTAL ESTIMATED PROJECT COST $782,410 PAVEMENT LIFE CREDIT 75% Credit (24% of Project) ($140,830) 25% Credit (66% of Project) (129,100) SINGLE FRONTAGE CREDIT 5.00 acres @ $10,938 /acre (54,690 TOTAL CREDIT ($324.620 TOTAL ESTIMATED ASSESSABLE COST $457,790 ASSESSMENT RATE CALCULATION Zone A Assessment Rate $228,895/911,551 SF — $0.25110 /Square Foot Zone B Assessment Rate $228,895/2,578,375 SF a $0.08878 /Square Foot) Zone C Assessment Rate — $1325.00 per lot See Appendix A for estimated special assessment amounts to each France Avenue area property. 4 Logan Avenue Area Project: All of Logan Avenue and Lilac Drive between 57th Avenue and 59th Avenue are included in the Logan Avenue area. It is recommended that the storm sewer system be sized to allow its future extension easterly along 57th Avenue to Humboldt Avenue, to resolve existing minor drainage problems on 57th Avenue. As in the France Avenue area, the proposed assessment rates for commercial and industrial properties, and for R -4 and R -5 properties is based on two levels of assessment, i.e. Zone A for property that abuts and benefits from the improvement and Zone B for property that does not abut but benefits from the improvement. Again, for properties which are currently used as R -1, R -2, or R -3 properties, we recommend application of the City's current policy for special assessments to these areas. Accordingly, R -1 and R -2 properties are included in "Zone C" assessment areas and R -3 properties are included in "Zone D" assessment areas in this report. FINANCIAL SUMMARY LOGAN AVENUE AREA CONSTRUCTION COST SUMMARY ROADWAY COST $173,010 STORM SEWER COST 327,400 SUBTOTAL CONSTRUCTION COST $500,410 TECHNICAL, ADMINISTPATLVE, LEGAL AND CAPITALIZED INTEREST (19%) 95,080 TOTAL ESTIMATED PROJECT COST $595,490 ASSESSMENT COST SUMMARY TOTAL ESTIMATED PROJECT COST $595,490 PAVEMENT LIFE CREDIT 30% Credit (73,650) SINGLE FRONTAGE CREDIT 2.112 Acres @ $15,374.80 (32,470) STORM SEWER CREDIT ($389,610 - $36,030) (349,980) TOTAL CREDIT ($456,100) TOTAL ESTIMATED ASSESSABLE COST $139,390 ASSESSMENT RATE CALCULATION Zone A Assessment Rate $112,390/315,300 SF = $0.3530 /Square Foot Zone B Assessment Rate $27,000/191,450 SF = $0.1412 /Square Foot Zone C Assessment Rate = $ 1,325.00 /Lot Zone D Assessment Rate $17.60 x Assessable Frontage No. of Residential Units = $649.80 See Appendix B for estimated special assessment amounts to each Logan Avenue area property. Funding Summary: In addition to the special assessments as recommended above, it is recommended that the City request reimbursement of project costs from its Regular Municipal State Aid fund (2613) to the full extent that those costs are eligible for MSA participation. Together with the utilization of the City's Local MSA fund (2611), all project costs would be covered. Following is a . summary of the proposed funding for these projects: 5 PROJECT REVENUE SUMMARY France Ave Logan Ave Lift Area Area Station Total • Estimated Project Cost $782,410 $595,490 $57,200 $1,435,100 Estimated Revenue Summary Special Assessments $441,570 $125,600 $ 567,170 Regular MSA (Fund 2613)* 587,970 377,430 965,400 Local MSA (Fund 2611) ** (247,130) 92,460 (154,670) Utility Fund $57,200 57,200 Total Revenue $782,410 $595,490 $57,200 $1,435,100 *Note: The estimated cost participation from regular MSA funds is based on a preliminary estimate of the eligibility for MSA funding of various elements of the proposed projects. Final eligibility for MSA funding will be determined when construction plans, specifications, and cost estimates are submitted to MNDOT for approval. * *Note: Local MSA fund participation will vary, depending on actual project costs, changes in special assessments, and eligibility for funding by the use of regular MSA funds. i 6 FRANCE AVENUE SPECIAL ASSESSMENTS PROPERTY PROPERTY A ZONE B ZONE A ZONE B ZONE C ZONE TOTAL ADDRESS STREET PID AREA AREA ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT 3725 47th Ave N 10 118 -21 -42 -0024 30,524 $7,664.73 $7,664.73 3707 50th Ave N 10 118 -21 -13 -0062 15,000 $3,766.57 $3,766.57 3715 50th Ave N 10 118 -21 -13 -0063 16,636 $4,177.38 $4,177.38 3721 50th Ave N 10 118 -21 -13 -0064 13,364 $3,355.77 $3,355.77 3616 50th Ave N 10 118 -21 -13 -0051 20,250 $5,084.88 $5,084.88 3607 50th Ave N 10 118 -21 -13 -0059 21,800 $5,474.09 $5,474.09 3615 50th Ave N 10 118 -21 -13 -0060 15,000 $3,766.57 $3,766.57 3701 50th Ave N 10 118 -21 -13 -0061 15,000 $3,766.57 $3,766.57 5001 Drew Ave N 10 118 -21 -13 -0003 20,250 $5,084.88 $5,084.88 5001 Ewing Ave N 10 118 -21 -13 -0042 19,954 $5,010.55 $5,010.55 4748 France Ave N 10 118 -21 -42 -0007 26,279 60,963 $6,598.79 $5,411.98 $12,010.77 4911 France Ave N 10 118 -21 -24 -0003 91,000 172,000 $22,850.54 $15,269.28 $38,119.82 4906 France Ave N 10 118 - 21 -13 -0066 18,000 11,497 $4,519.89 $1,020.65 $5,540.54 4900 France Ave N 10 118 -21 -13 -0067 6,555 $1,645.99 $1,645.99 4902 France Ave N 10 118 -21 -13 -0068 17,735 6,967 $4,453.35 $618.49 $5,071.84 5001 France Ave N 10 118 -21 -24 -0002 36,600 147,681 $9,190.44 $13,110.37 $22,300.81 5000 France Ave N 10 118 -21 -13 -0006 19,954 $5,010.55 $5,010.55 4837 France Ave N 10 118 -21 -23 -0004 22,000 1,561,842 $5,524.31 $138,652.37 $144,176.68 4825 France Ave N 10 118 - 21 -31 -0027 81,883 24,000 $20,561.23 $2,130.60 $22,691.83 4912 France Ave N 10 118 -21 -13 -0065 18,000 16,884 $4,519.89 $1,498.88 $6,018.77 4715 France Ave N 10 118 -21 -31 -0015 14,000 14,182 $3,515.47 $1,259.01 $4,774.48 4010 Lakebreeze Ave 10 118 -21 -31 -0008 88,994 61,285 $22,346.84 $5,440.57 $27,787.41 3650 Lakebreeze Ave 10 118 -21 -31 -0028 67,206 47,161 $16,875.76 $4,186.71 $21,062.47 3901 Lakebreeze Ave 10 118 -21 -31 -0024 50,911 30,144 $12,784.01 $2,676.03 $15,460.04 4001 Lakebreeze Ave 10 118 -21 -31 -0029 105,456 216,373 $26,480.53 $19,208.49 $45,689.02 4800 Lilac Drive N 10 118 -21 -42 -0002 147,427 $13,087.82 $13,087.82 4639 France Ave N 10 118 - 21 -31 -0004 22,000 22,286 $1,325.00 $1,325.00 4645 France Ave N 10 118 -21 -31 -0016 17,200 17,423 $1,325.00 $1,325.00 4629 France Ave N 10 118 - 21 -31 -0005 20,000 20,260 $1,325.00 $1,325.00 FRANCE TOTAL 911,551 2,578,375 $214,029.58 $223,571.25 $3,975.00 $441,575.83 FRANCE AVENUE ASSESSMENT SUMMARY ZONE A ASSESSMENTS $214,029.58 ZONE B ASSESSMENTS $223,571.25 ZONE C RESIDENTIAL USE CREDIT (SINGLE FAMILY) $3,975.00 TOTAL ASSESSMENTS $441,575.83 APPENDIX A LOGAN AVENUE SPECIAL ASSESSMENTS PROPERTY PROPERTY A ZONE B ZONE A ZONE B ZONE C ZONE D ZONE TOTAL ADDRESS STREET PID AREA AREA ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT NO NUMBER - EVEST PROP. 02 118 - 21 -13 -0025 14,930 32,704 $5,321.86 $4,612.21 $9,934.07 NO NUMBER - NSP PROP. 02 118 -21 -14 -0007 9,256 $3,299.34 $3,299.34 1900 57th Ave N 02 118 -21 -13 -0029 20,052 $7,147.62 $7,147.62 5840 Lilac Drive No 02 118 - 21 -14 -0019 32,332 $11,524.88 $11,524.88 5800 Logan Ave N 02 118 -21 -14 -0025 51,210 $18,254.02 $18,254.02 5710 Morgan Ave N 02 118 -21 -13 -0026 19,763 77,361 $7,044.60 $10,910.14 $17,954.74 5712 Morgan Ave N 02 118 -21 -13 -0024 103,346 81,385 $36,838.12 $11,477.65 $48,315.77 5716 Logan Ave N 02 118 -21 -14 -0107 3,965 $649.80 $649.80 5744 Logan Ave N 02 118 - 21 -14 -0100 3,965 $649.80 $649.80 5724 Logan Ave N 02 118 - 21 -14 -0105 4,455 $649.80 $649.80 5720 Logan Ave N 02 118 - 21 -14 -0106 4,455 $649.80 $649.80 5728 Logan Ave N 02 118 - 21 -14 -0104 4,455 $649.80 $649.80' 5732 Logan Ave N 02 118 -21 -14 -0103 4,455 $649.80 $649.80 5740 Logan Ave N 02 118 - 21 -14 -0101 4,455 $649.80 $649.80 5736 Logan Ave N 02 118 - 21 -14 -0102 4,455 $649.80 $649.80 1808 57th Ave N 0 2 - 118 - 21 -14 -0004 9,917 $1,325.00 $1,325.00 5712 Logan Ave N 02 118 - 21 -14 -0006 9,917 $1,325.00 $1,325.00 5706 Logan Ave N 02 118 -21 -14 -0002 9,917 $1,325.00 $1,325.00 LOGAN TOTAL 315,300 191,450 $89,430.44 $27,000.00 $3,975.00 $5,198.40 $125, 4 LOGAN AVENUE ASSESSMENT SUMMARY ZONE A ASSESSMENTS $89,430.44 ZONE B ASSESSMENTS $27,000.00 ZONE C RESIDENTIAL USE CREDIT (SINGLE FAMILY) $3,975.00 ZONE D RESIDENTIAL USE CREDIT (TOWNHOMES) $5,198.40 TOTAL ASSESSMENTS $125,603.84 APPENDIX B FRANCE AVENUE AND LOGAN AVENUE AREA PROJECTS SPECIAL ASSESSMENT PAYMENT SCHEDULE ASSUMPTION TABLE TERM = 20 YEARS INTEREST - 10% MONTHS INTEREST, FIRST YEAR = 15 SINGLE FAMILY RESIDENTIAL R4 /R5 AND RESIDENTIAL (TOWNHOUSES) INDUSTRIAL/ (R -1 AND R -2) (R -3) COMMERCIAL TOTAL ASSESSED TOTAL ASSESSED PAYMENT PER PAYMENT AMOUNT: AMOUNT: $1,000.00** YEAR $1,325.00 $649.80 ASSESSED 1 $231.88 $113.72 $175.00 2 $192.13 $94.22 $145.00 3 $185.50 $90.97 $140.00 4 $178.88 $87.72 $135.00 5 $172.25 $84.47 $130.00 6 $165.63 $81.23 $125.00 7 $159.00 $77.98 $120.00 8 $152.38 $74.73 $115.00 9 $145.75 $71.48 $110.00 10 $139.13 $68.23 $105.00 11 $132.50 $64.98 $100.00 1 2 $125.88 $61.73 $95.00 13 $119.25 $58.48 $90.00 14 $112.63 $55.23 $85.00 15 $106.00 $51.98 $80.00 16 $99.38 $48.74 $75.00 17 $92.75 $45.49 $70.00 18 $86.13 $42.24 $65.00 19 $79.50 $38.99 $60.00 20 $72.88 $35.74 $55.00 ** NOTE: To calculate the estimated annual payment for commercial/ industrial or R -4/R -5 properties, divide the estimated assessment amount for your property by 1,000 and multiply by the annual payment listed above. EXAMPLE: $15,342.67 / 1,000 X $145.00 - $2,224.69 Estimated Payment for Payment Assessment Year 2 for Per $1,000 Year 2 APPENDIX C CITY OF BROOKLYN CENTER council Meetin Date Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1988 -04 AND PREPARATION OF PLANS DEPT. HEAD'S APPROVA DIRECTOR F PUBLIC WORKS MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached * * * * * * * * * * * * ** ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: su ( pp emental sheets attached � On February 8, 1988, the City Council adopted a resolution accepting the City Engineer's report and calling for a public hearing to be held regarding the proposed improvement of Logan Avenue North and North Lilac Drive between 57th and 59th Avenues North. Attached hereto are copies of the notices and information which were sent to all abutting property owners, and the notice which was published in the City's official newspaper. The public hearing on this improvement is scheduled for 8 p.m. at tonight's meeting. At this public hearing, City staff will present a brief overview of the proposed improvements and the proposed special assessments for these improvements. RECOMMENDATION Following the public hearing, the City Council should consider adoption of the attached resolution which would order the improvement accomplished and order the preparation of plans and specifications for that improvement. Because this improvement has been initiated by City Council action, and because it is proposed to levy special assessments in accordance with Minnesota Statutes, Chapter 429, a 4 /5th's vote of the Council is required to adopt this resolution. That vote should be taken as a "roll call" vote. • AU i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT PROJECT NO. 1988 -04 AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, Resolution No. 88 -29 adopted the 8th day of February, 1988 fixed a date for the public hearing on the proposed improvement of: Logan Avenue from 57th Avenue to Lilac Drive Lilac Drive From Logan Avenue to 59th Avenue (Street Improvement Project No. 1988 -04) The area benefitted by these improvements is that property abutting Logan Avenue from 57th Avenue to Lilac Drive and the property abutting Lilac Avenue between Logan Avenue and 59th Avenue; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 14th day of March, 1988 at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interest of the City and the owners of property specially benefitted thereby that: 1. The following improvement, as proposed in Council Resolution No. 1988 -29 adopted the 8th day of February, 1988, shall be constructed: 2. The City Engineer is designated as the engineer for this improvement and shall prepare plans and specifications therefor. 3. The estimated cost of the project is $595,490. 4. The estimated cost will be financed by: Special Assessment $125,600 Regular MSA (Fund 2613) 377,430 Local MSA (Fund 2611) 92.460 Total Revenue $595,490 5. The City expects to be reimbursed by Municipal State Aid to the extent of $377,430. 6. Any difference that arises between the reimbursement from Municipal State Aid and the contribution by the Local Municipal State Aid Fund to finance a project remains in the Local Municipal State Aid Fund and may, at the Council's discretion be used for projects or matching funds on State Aid qualified streets. i RESOLUTION N0, 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 1 ing voted against the same: whereupon said resolution was declared duly passed and adopted. III CITY OF BROOKLYN CENTER Council Meeting Date 3 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION ORDERING IMPROVEMENT PROJECTS 1988 -05, 1988 -06, AND 1988 -07 AND PREPARATION OF PLANS DEPT. HEAD'S APP OVA DIRECTOR OF BLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: , No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached On February 8, 1988, the City Council adopted a resolution accepting the City Engineer's report and calling for a public hearing to be held regarding the proposed improvement of France, Lakebreeze and 50th Avenues North. • Attached hereto are copies of the notices and information which were sent to all abutting property owners, and the notice which was published in the City's official newspaper. The public hearing on this improvement is scheduled for 8 p.m. at tonight's meeting. At this public hearing, City staff will present a brief overview of the proposed improvements and the proposed special assessments for these improvements. RECOMMENDATION Following the public hearing, the City Council should consider adoption of the attached resolution which would order the improvement accomplished and order the preparation of plans and specifications for that improvement. Because this improvement has been initiated by City Council action, and because it is proposed to levy special assessments in accordance with Minnesota Statutes, Chapter 429, a 4 /5th's vote of the Council is required to adopt this resolution. That vote should be taken as a "roll call" vote. I is b Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECTS 1988 -05 (FRANCE AVENUE FROM THE SOUTH CITY LIMITS TO 50TH AVENUE), IMPROVEMENT PROJECT 1988 -06 (LAKEBREEZE AVENUE FROM FRANCE AVENUE TO AZELIA AVENUE) AND IMPROVEMENT PROJECT 1988 -07 (50TH AVENUE FROM TRUNK HIGHWAY 100 TO FRANCE AVENUE) WHEREAS, Resolution No. 1988 -29 adopted the 8th day of February, 1988 fixed a date for a Council Hearing on the proposed improvement of: FRANCE AVENUE FROM THE SOUTH CITY LIMITS TO 50TH AVENUE (Street Improvement Project No. 1988 -05) LAKEBREEZE AVENUE FROM FRANCE AVENUE TO AZELIA AVENUE (Street Improvement Project No. 1988 -06) 50TH AVENUE FROM TRUNK HIGHWAY 100 TO FRANCE AVENUE (Street Improvement Project No. 1988 -07) WHEREAS, the area benefitted by these improvements is the property abutting France Avenue from the south City Limits to 50th Avenue, the property abutting Lakebreeze Avenue from France Avenue to Azelia Avenue and the property abutting 50th Avenue from Trunk Highway 100 to France Avenue WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon on the 14th day of March, 1988 at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and in the best interest of the City and the owners of property specially benefitted thereby that: 1. The following improvement as proposed in City Council Resolution No. 1988 -29 adopted the 8th day of February 1988 shall be constructed: France Avenue from the south City limits to 50th Avenue (Street Improvement Project No. 1988 -05) Lakebreeze Avenue from France Avenue to Azelia Avenue (Street Improvement Project No. 1988 -06) _ 50th Avenue from Trunk Highway 100 to France Avenue (Street Improvement Project No. 1988 -07) 2. The City Engineer is designated the engineer for this improvement. The City Engineer shall prepare plans and specifications for this improvement. RESOLUTION NO. 3. The estimated cost of this project is $839,610. 4. The estimated cost will be financed by: Special Assessment $441,570 Regular MSA (Fund 2613) 587,970 Local Municipal State Aid (Fund 2611) (247,130) Utility Fund 57.200 Total Revenue $839,610 5. The City expects to be reimbursed by Municipal State Aid to the extent of $587,970. 6. Any difference that arises between the reimbursement from Municipal State Aid and the contribution by the Local Municipal State Aid Fund to finance a project remains in the Local Municipal State Aid Fund. The balance remains in the Local Municipal State Aid Fund; and may at the Council's discretion be used for projects or matching funds on State Aid qualified streets. 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. Isa Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL WHEREAS, the City of Brooklyn Center, through execution of a Joint Cooperation Agreement with Hennepin County, is a cooperating unit in the Urban County Community Development Block Grant Program; and WHEREAS, the City of Brooklyn Center has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the following proposed use of Community Development Block Grant funds was developed consistent with program rules. THIS INFORMATION WILL BE AVAILABLE ON MONDAY EVENING. 1. $ 3. $ Total $ BE IT RESOLVED that the City Council of Brooklyn Center approves the proposed use of Year XIV Urban Hennepin County Community Development Block Grant funds and authorizes submittal of the proposal to Hennepin County for consideration by the Citizen Advisory Committee and for inclusion in the Year XIV Urban Hennepin County Community Development Block Grant Statement of Objectives and Project Use of Funds. 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. Qp CITY OF BROOKLYN CENTER c ouncil Meeting Date L Agenda Item Number / 3 h REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Recommendation from Human Rights and Resources Commission Setting Priorities of Single Parent Family Issue DEPT. HEAD'S APPROVAL: Signature - title MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report v�JlJ` Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached 1. Year 2000 report issue #1 directed the human rights and resources commission to identify and recommend alternative actions related to single parent families for the City Council's consideration. 2. In May 1987, the commission submitted a report on the single parent family issue, outlining the components of the issue and possible actions for the City to take. 3. The City Council asked the commission to prioritize the components. 4. The commission has set priorities and submits the attached report and recommendations to the Council. REQUESTED CITY COUNCIL ACTION: 1. Direct the housing commission to continue pursuing affordable housing options, particularly keeping single parent families in mind. 2. Direct the human rights and resources commission to further investigate the feasibility of improving transportation in the City. 3. Continue to support efforts by other agencies responsible for day care, health care, food, clothing, the prevention of teen pregnancy, and coordination of services. MEMORANDUM TO: Brooklyn Center City Council FROM: Brooklyn Center Human Rights and Resources Commission DATE: March 9, 1988 SUBJECT: Priorities for Single Parent Households In May 1987, the Brooklyn Center Human Rights and Resources Commission submitted a memorandum to the city council regarding Year 2000 Committee Report Issue #1 on single parent families. The memo outlined the components of the single parent family issue, and the city council asked the commission to prioritize these components. The commission has done so, and the following lists the process utilized, the priorities selected by the commission, and recommended city council action. PROCESS The commission reviewed each of the components cited in its May 13, 1987, memorandum (see Attachment A) and outlined potential responses that could be made by both the City and other jurisdictions. If further information was needed, the commission obtained it; for example, a representative of the Aid to Families with Dependent Children (AFDC) program in Hennepin County spoke to the commission about what programs currently exist to aid single parent families. Once all information was gathered, each commission member independently completed the form entitled "Prioritization of components of single parent family issue" (see Attachments B and C). Members were instructed to prioritize components based on how society as a whole should respond; how the city should respond; and how other jurisdictions should respond to the components. Suggested responses by the City and other jurisdictions are listed on the form. At the February 1988 commission meeting, individual priorities were meshed, resulting in the priorities listed in Attachment D. PRIORITIES IES RECOMMENDED BY THE COMMISSION 1. Housing The greatest need is seen in the area of affordable housing for single parent families. The commission urges the city council to continue to make housing a high priority, as it has in the past. This component is viewed as one the City can impact. The proper venue for dealing with this issue is the Housing Commission. 2. Day Care The commission agreed this priority must be addressed but feels other jurisdictions dictions a � re in a better position to respond to the needs. The City should encourage a resolution to problems associated with this component. Memo to City Council Page 2 March 9, 1988 3. Teen Pregnancy Like day care, this component is best handled by jurisdictions other than the City. 4. Transportation. Although this priority is not the highest priority, the commission feels it is one the City may be able to respond to in a positive manner. The City has already shown interest in transportation by participating in the Senior Transportation Project. The commission would like to have the opportunity to further explore this component and its alternatives. 5. Health Care This is best handled by jurisdictions other than the City. 6. Food /Clothing There are many programs already in existence to handle these needs. 7. Coordination of Services Although this is the lowest priority, the commission recommends continued support by the City of the Northwest Hennepin Human Services Council (NWHHSC). RECOMMENDED CITY COUNCIL ACTION The Human Rights and Resources Commission recommends the city council to continue to make affordable housing a high priority. It also requests the council to direct the commission to further investigate the feasibility of improving transportation in the City. Finally, whenever possible, the commission encourages the City to lend its support for single parent families in the areas of day care, teen pregnancy, health care, food, clothing, and coordination of services. ATTACI MENT A MEMORANDUM TO: Brooklyn Center City Council FROM: Brooklyn Center Human Rights Commission DATE: May 13, 1987 SUBJECT: Year 2000 Committee Report Issue #1 on Single Parent Households The first issue identified in the Year 2000 Report Matrix is single parent households increasing as a percentage of households, and the report directs the Human Rights Commission to identify and recommend alternative actions for the City Council's consideration. The commission has been researching, reviewing, and discussing this issue during the past one and one -half years. The following outlines the findings of the commission. The request by the commission to the City Council is to receive further direction on how to proceed from here. The Human Rights Commission has identified several components of the single parent family issue, and a schematic showing the relationship of these components is attached. These components include day care, housing, transportation, teen pregnancy, food, clothing, and health care. All of the components are tied together by coordination of the various services provided to meet these needs. Following is a summary of the Human Rights Commission's research on the components of the single parent family issue as related to Brooklyn Center. DAY CARE The issues related to day care include availability, access, and affordability for the single parent. Child -care considerations may serve as a barrier for some low- income single parents to seek and maintain employment. As of January 1987, there are 72 licensed day care facilities in Brooklyn Center. Of this total, 43 are family day care, 23 are group family day care, four are full day care centers, and two are latch key programs. Additional information defining these types of care will be provided upon request. City services identified by the commission as affected by this component include police service and park and recreation programs. One suggested action is for the City to consider redistribution of federal grant monies, such as Community Development Block Grants, channeling these funds toward increasing the availability and affordability of day care. HOUSING Housing concerns include the fact that the waiting list for single parents in need of two - bedroom housing is two to three years long. Section 8 subsidized housing and Habitat for Humanity (a nonprofit group that renovates or builds houses and sells them, without profit or interest, to low income families) are offered in Brooklyn Center, but the demand is greater than the supply. The whole city is affected by this problem, because if more young people can live and /or work in Brooklyn Center, more tax money could be collected. The Human Rights Commission suggests the City may want to offer grants toward a down payment on a home to single parent families and young couples the same way block grants are offered to repair or fix up homes. Another possibility is to encourage Habitat for Humanity to work with the City for homes for some of these people. The overriding concern is that if the City does not find a way to keep the young people in Brooklyn Center, this will become a City of senior citizens and the tax revenue will decrease. TRANSPORTATION Availability of transportation can enable single parents to get to and from various activities and services which help them become independent, contributing members of the community. Such activities include medical care for themselves and their children, education and training opportunities, job placement services, place of employment, day care, grocery and other shopping, and social activities. Existing programs include a car loan program and emergency assistance dollars for crisis situations through Community Emergency Assistance Program (LEAP); mileage subsidy or bus passes provided on an as- needed basis for the job training and placement program of the nonprofit agency H.I.R.E.D.; Hennepin County Voluntary Services in which volunteers use their own vehicles to transport people to various services or activities, although this is generally a one -time service which does not provide regular service; and the Northwest YMCA in New Hope which makes efforts to provide transportation to program participants on an occasional basis. Suggestions by the commission include improving the bus route system in the city, particularly east -west routes; establishing a "mini -bus" system in the city with local service only; tapping and coordinating the increasing older population as volunteer drivers; and developing an ad hoc transportation committee to explore possible City action. TEEN PREGNANCY It is estimated that single parent households will increase, and the major contributing source of these households are mothers receiving Aid to Families with Dependent Children (AFDC). The League of Women Voters have referred to this as the "single • -2- mother problem." The majority of the single parents become pregnant before the age of 18, thus the term teen pregnancy. Teen pregnancy is not a single problem, but rather a complex set of related issues and concerns. More than one -half of all AFDC expenditures go to women who completed their first pregnancy as teenagers. Also these women are more apt o lack education and P t 1 c jobs or the opportunity for job training. They also lack child care necessary if education and job training are to be completed. Not only does teen pregnancy lead to poverty, it is the result of poverty. Low expectations combine with low self esteem and the lack of a successful adult role model. These factors in combination encourage early pregnancy. Several types of systems are in place to deal with teen pregnancy. Those which exist to prevent pregnancy include Planned Parenthood, pro- choice advocates, and education system. Those which provide support to adolescents during pregnancy include the Continuing Education Center (CEC) and Parent Infant Education (PIE). Those which offer support to adolescent parents and their children include AFDC, Hennepin County welfare system, LEAP, Brooklyn Center Park and Recreation singles club, and local churches. Housing, police services, and park and recreation programming are affected by the teen pregnancy issue. Suggestions by the Human Rights Commission include continuing a close working relationship with local. school districts; working with licensed day care Operations, possibly contributing to day care expenses while mothers attend evening classes; providing services for working mothers with sick children; and improving supervision before and after school for both teens and younger school -age children. The problems associated with teen pregnancy continue to increase without intervention. Eventually a minority of the people will be supporting the majority of the population. The City will then have to cultivate revenue from resources other than property taxes. FOOD Food is an important part of everyones' lives, and the lack of proper nutrition can result in illness, medical bills, and poor learning ability in school. Food shelves and Meals on Wheels are primary resources for food, and existing providers include CEAP, Church of the Open Door Food Ministry, Christians Reaching Out in Social Service (CROSS), Greater Minneapolis Food Bank, North Suburban Emergency Assistance Response (NEAR) , People Responding in Social Ministry (PRISM), Salvation Army, and the government's surplus commodities distribution program. A concern related to the food issue is the lack of important nutritious foods in the diet. The Human Rights Commission suggests the development of something similar to the Fare Share -3- organization which would include food shelf items of fresh fruits, vegetables, and meat. In the organization, a certain amount of time should be donated by the recipients, giving them a feeling of earning the food rather than receiving a handout. Qualification and confirmation into the program would have to be closely supervised. CLOTHING The need for affordable clothing for single parent families was identified as a concern currently being addressed by LEAP. No additional recommendations were made by the Human Rights Commission on this issue. HEALTH CARE Hennepin County provides a variety of medical services for parents and children. Located in Brooklyn Center is the Hennepin County Women's and Children's Health Program. The program promotes the best possible levels of health, well- being, and safety for women and children in suburban Hennepin County and improves access to health services. These services are available to everyone, but are especially for the use of low- income women and children who are most likely to be in poor health. The Human Rights Commission encourages the acceptance and support of such health care programs which are accessible to local residents. Any assistance the City can give in publicizing the availability of the program and others like it is desired. COORDINATION OF SERVICES Because the components of the single parent family issue overlap, coordination is necessary to best utilize the resources available to the community. The Human Rights Commission supports any efforts which encourage this coordination. The Northwest Hennepin Human Services Council, a joint powers organization created by northwest Hennepin County suburbs, should continue to be utilized as a planning and coordinating resource by the City for the single parent family issue and other human service issues. SUMMARY The Human Rights Commission supports continued monitoring of the single parent family issue, particularly as it affects City of Brooklyn Center services and revenue sources. Direction is requested from the City Council on how to proceed from here. -4- BROOKLYN CENTER HUMAN RIGHTS CCMMISSICN APRIL 1987 ISSUE AREAS AFFECTING SINGLE PARENT FAMILIES HEALTH CARE T� 104 G� 4 COORDINATION • V ERVICE I DO, 5 N X0 0 G DAY CARE I ATTACHMENT B February 1988 PRIORITIZATION OF COMPONENTS OF SINGLE PARENT FAMILY ISSUE CITY OF BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION INSTRUCTIONS 1. Please complete the attached priority list as outlined below and bring your priority list to the February 10, 1988, Human Rights and Resources Commission meeting. 2. Review each of the components and discussions the commission has had regarding each component. 3. Prioritize the components overall based on how you think society as a whole should respond (column A) . Number the components from 1 to 7, with 1 as the highest priority and 7 as the lowest priority. 4. Review the recommended City responses and responses by other jurisdictions for each component. Add responses which you think are missing from the chart and which you think deserve consideration. 5. Prioritize the components based on how you think the City should respond (column B) , with 1 as the highest priority and 7 as the lowest priority. 6. Prioritize the components based on how you think other jurisdictions should respond (column C), with 1 as the highest priority and 7 as the lowest priority. 7. Add any comments you have at the bottom of the page. HMENT C Fe ry 1988 PRIORITIZATION OF COMPONENTS OF SINGLE PARENT FAMILY ISSUE CITY OF BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION (A) (B) (C) PRIORITIES OVERALL CITY FOR RESPONSES BY PRIORITY COMPONENT PRIORITY CITY RESPONSES OTHERS OTHER JURISDICTIONS Day Care *use of block grant funds *encourage schools to to subsidize day care provide day 6 evening care for student /parents *encourage services for working parents with sick children ---_------ saosae - m---a:---d=-aa---sm®--Qa-amana Q ®ae- s- :aaa =saeaasa------ aa _ a �_ Transportation *determine feasibility *develop an ad hoc trans - of program like Hopkins portation committee to Hop -A -Ride program explore alternatives ^rn;OUrage improvement of *use existing resources east /west bus routes in city (e.g., volunteer drivers) Teen Pregnancy *encourage a close rela- tionship with schools on education Food /Clothing *encourage development of programs like Fare Share (A) (B) (C) PRIORITIES OVERALL CITY FOR RESPONSES BY PRIORITY COMPONENT PRIORITY CITY RESPONSES OTHERS OTHER JURISDICTIONS Housing *use of block grant funds encourage more programs for down payments on single Habitat for Humanity family dwellings *encourage more affordable housing Health Care *encourage affordable health insurance coverage Coordination of Services *encourage providers to locate in Brooklyn Center *continue support of North- west Hennepin Human Services Council *assist in public infor- mation of programs COMMENTS ATTA D February 1988 PRIORITIZATION OF COMPONENTS OF SINGLE PARENT FAMILY ISSUE CITY OF BROOKLYN CENTER HUMAN RIGHTS AND RESOURCES COMMISSION (A) (B) (C) PRIORITIES, OVERALL CITY FOR RESPONSES BY COMBINED PRIORITY COMPONENT PRIORITY CITY RESPONSES OTHERS OTHER JURISDICTIONS PRIORITIES 2 Day Care 2 *use of block grant funds 1 *encourage encourage schools to to subsidize day care provide day 6 evening care for student /parents *encourage services for working parents with sick children 6 Transportation 3 * determine feasibility 3 *develop an ad hoc trans- 4 of program like Hopkins portation committee to Hop -A -Ride program explore alternatives "encourage improvement of *use existing resources east /west bus routes in city (e.g., volunteer drivers) 3 Teen Pregnancy 4 *encourage a close rela- 3 3 tionship with schools on education 5 Food /Clothing 6 5 *encourage development 6 of programs like Fare Share ° ° - �_o�� - °--- - - - - °' * average of A, B, and C 0 (A) (B) (C) PRIORITIES OVERALL CITY FOR RESPONSES BY COMBINED* PRIORITY COMPONENT PRIORITY CITY RESPONSES OTHERS OTHER JURISDICTIONS PRIORITIES 1 Housing 1 *use of block 2 grant funds *encourage more programs 1 for down payments on single Habitat for Humanity family dwellings *encourage more affordable housing 3 Health Care 7 5 *encourage affordable 5 health insurance coverage 1 Coordination of Services 5 *encourage providers to 7 7 locate in Brooklyn Center *continue support of North- west Hennepin Human Services Council *assist in public infor- mation of programs COMMENTS CITY %y CRYSTAL 4141 Douglas Drive North • Crystal, MN 422- • - g y 55 1696 537 8421 ADMINISTRATIVE OFFICE March 4, 1988 Gerald Splinter, City Manager City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear Mr. Splinter: At their March 1, 1988, council meeting, the Crystal City Council appointed Jerry Dulgar, City Manager, as Crystal's Director of the Hennepin Recycling Group (HRG). Crystal's Alternate Director shall be John Olson, Assistant City Manager. Attached is an unofficial copy of the meeting minutes, with the reference action highlighted. I would appreciate being notified of Brooklyn Center's appointed Director, so that I may establish a mailing list for future HRG meetings. Please forward this information as soon as possible. Thank you. Sincerely, Jule Jones 1 6 JU Recycling Coordinator kg 212 1 MARCH 1988 Mayor Aaker acknowledged the receipt of donations to the City of Crystal from the Knights of Columbus in the amount of $800 and from the Crystal Firemen's Auxiliary in the amount of $400 for permanent seating for the Becker Park Performing Arts stage area. The City Council considered a request from Big Brothers /Big Sisters to terminate their lease for rental space at Thorson Community Center effective March 31, 1988 and to waive the 90 -day requirement notification for breaking such lease. Moved by Councilmember Smothers and seconded by Councilmember Herbes to approve ve t PP ermination of Big Brothers/Big g Sisters lease at Thorson Community Center effective March 31, 1988 and to waive the 90 -day requirement notification for breaking such lease. Motion Carried. The City Council considered designating a Director for the Joint Powers Agreement on Refuse and Recycling Collection. Moved by Councilmember Langsdorf and seconded by Councilmember Leppa to designate the City Manager as a Director for the Joint Powers Agreement on Refuse and Recycling Collection. Motion Carried. William Monk, Public Works Director, presented a review of flood related issues from the July, 1987 rainstorm. The City Council considered a resolution expressing concern regarding the proposed amendments to the Minnesota Tax Increment Financing Law. Moved by Councilmember Rygg and seconded by Councilmember Leppa to adopt the following resolution, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 88 -12 RESOLUTION EXPRESSING CONCERN REGARDING SENATE TAX INCREMENT FINANCING BILL Moved b Councilmember y 1 ember Le a and seconded econded by Councilmember Smothers to amend the motion to eliminate the words "expressing concern" in the title of the resolution, and adding the following to the last paragraph of the resolution, after opposition: "and urging the bill be studied further and brought back to the next Legislative Session." Councilmember Moravec asked that there be a division of the two items included in the amended motion for the vote. Voting on the elimination of the words "expressing concern" from the title of the resolution: Unanimous vote. /.3d ATTORNEY AT LAW Jon G S arff 523 SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA 55404 (612) 332 -1241 Gerald Splinter February 2, 1988 City of Brooklvn Center 6301 Shingle Creek Pkwy. Brooklyn Center, Mn. 55430 Re: Sales and Use Tax Letter Agreement Dear Mr. Splinter: I represent a number of contractors who wish to assist you in recovering refunds of sales and use tax for the period prior to May 9, 1985. If you have not filed a claim for refund, you are foreclosed from doing so at this time because of the applicable statute of limitation. However, a claim for refund can still be obtained through my clients who are willing to assist you in consideration of your agreement to permit fee participation on the terms and conditions more fully described in this Letter Agreement. M Y clients will make their claims for refund of sales and use tax available for your claim. I will provide you with legal advice in regard to the submittal of the claim and I have retained an independent public accounting firm (CPA) to assist us in the submittal and audit of such claims with the Department of Revenue. I will be responsible for the payment of fees to fir the referenced public accounting m. In consideration of the services rvices YOU will the provided P e Y undersigned attorney 17.5% of all amounts of tax and accrued interest thereon recovered by you. In consideration of the services provided by my contractor clients, you will pay my contractor clients an additional fee of 32.50 of all amounts of tax and accrued interest thereon recovered by you. Thus, the aggregate fee paid to the undersigned and my contractor clients shall be fifty percent (50 %) of all amounts recovered by o and retain fifty percent (50 %) of all amounts recovered u' You will keep by you. It is essential that you execute and return this Letter Agreement to the undersigned as soo �rt�he�zpp-Lj-uaule ible in order to avoid any prejudice to your claim und statute of 1 Lilli tcat — a ions If you have any Y questions, please contact he Once this Letter Agreement is executed by you and returned to My attention, I will contact you to arrange a time when your claim for refund can be reviewed by you prior to its submittal on your behalf. We are prepared t'o commence the preparation of your claim within approximately 30 days of your acceptance of this Letter Agreement. THIS IS AN OFFER TO ENTER INTO A BINDING CONTRACT UNDER THE TERMS AND CONDITIONS MORE FULLY DESCRIBED HEREIN. THE UNDERSIGNED TAX- EXEMPT ENTITY DOES HEREBY AGREE TO ASSIST AND COOPERATE IN THE RECOVERY OF SALES AND USE TAX REFUNDS FILED BY THE CONTRACTOR CLIENTS OF JON G SARFF ON BEHALF OF THE TAX- EXEMPT ENTITY FOR THE PERIOD PRIOR TO MAY 9, 1985. THE UNDERSIGNED TAX - EXEMPT ENTITY DOES HEREBY AGREE TO PAY JON G SARFF 17.5% AND HIS CONTRACTOR CLIENTS 32.5% OF ALL AMOUNTS OF TAX REFUND AND ACCRUED INTEREST THEREON RECOVERED BY THE TAX -EXEMP ENTITY (AGGREGATE OF 50 %). Jo ' G 5a f AGREEMENT AND ACCEPTANCE: The undersigned authorized representatives of the subject tax - exempt entity do hereby agree to and accept on behalf of the tax - exempt entity the offer more fully described above. Tax- Exempt Entity Authorized Representative Authorized Representative STATE OF MINNESOTA ) COUNTY OF ) ss. On this day of 1988, before me a notary public within and for said county, personally appeared and to me personally known, who being by me duly sworn did say that they are respectively the and of the above - referenced tax - exempt entity, and that said instrument was signed on behalf of said tax - exempt entity by all persons required by the charter, articles, ordinances, or other authorizing requirements of the tax - exempt entity and that said authorized representatives did acknowledge said instrument to be the free act and deed of the tax - exempt entity. 11,16380 CITIES THAT HAVE COMMITTED TO 50% PARTICIPATION AGREEMENTS Eden Prairie Blue Earth Buffalo New Prague Mankato St. Anthony Hoyt Lakes Red Wing Oakdale Richfield Shoreview Fergus Falls Osseo New Brighton Prior Lake Champlin Oak Park Heights Alexandria Lakeville Hanska International Falls Saint Paul Cottage Grove Anoka Falcon Heights White Bear Lake Northfield St. Joseph Pine City Wadena Sartell Byron North Koochiching Sewer Board Jon G Sarff� l LeFe�ere Lefler KennedN' O'Brien Draw z Prnle'siunal .kssnciaiinn 2000 First Bank Place West March 1, 1988 Minneapolis Minnesota 55402 Telephone (612) 333 -0543 Telecopier (612) 333-0540 Mr. Gerald Splinter City Manager Clayton L. LeFevere 6301 Shi Creek Parkway Herbert P. Lefler g Y J. Dennis O'Brien Brooklyn Center, MN 55430 John E. Drawz David J. Kennedy Joseph E. Hamilton Re: Sales and Use Tax Letter Agreement John B. Dean Glenn E. Purdue Dear Jerry: Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III Enclosed is a copy of the Sales and Use Tax Letter James J. Thomson, Jr. Agreement signed by Mr. Jon G. Sarff which you forwarded Thomas la R. Galt to me for review. Mr. Sarff's Dayle No proposal refers to refunds John G. Kressel of sales and use tax which may be due to the City from Steven B. Schmidt the Minnesota Department of Revenue for a period prior to James mmen H. Batt0 y ald H. Batt May 9, 1985, based upon a 1983 Minnesota Supreme Court m P. Jordan decision. m R. Skallerud Rodney D. Anderson Since the City s barred from seeki its own refunds b Corrine A. Heine Y g Y David D. Beaudoin the statute of limitations governing tax refund claims, Steven M.Tallen Mr. Sarff's proposal appears to be the only feasible Mary Frances Skala means by which the City can recover its refund. Since Christopher J. Harristhal Timothy J. Pawlenty Mr. Sarff's fees would be based upon a percentage of the Rolf A. Sponheim refunds which Bich he recovers and he will do the necessary Julie A. Bergh legal work, entering into a contract with Mr. Sarff will Darcy L. Hitesman David C. Roland not involve any financial commitment by the City. The Karen A. Chamerlik City would be required only to provide access to its Paul D. Baertschi construction contract records for the period from 1981 through May 9, 1985. We would recommend that Mr. Sarff's proposal be submitted to the Council for consideration. I believe that all that would be required would be a simple motion to authorize the execution of the letter agreement by the City Manager and the designation of Mr. Sarff as attorney to represent the City with respect to the matter described in the letter agreement. I am also enclosing a proposed amendment to the agreement which I would recommend that the City make a condition to the execution of the agreement. The purpose of this amendment is to ensure that Mr. Sarff agrees to indemnify the City in case it is determined that the claim is frivolous or brought in bad faith and attorney's fees and costs are assessed against the City. We believe that Mr. Gerald Splinter March 1, 1988 Page 2 this possibility is probably remote since there appears to be a sound legal basis for claiming these refunds. According to Mr. Sarff, over 30 other municipalities have already authorized the execution of this agreement. I believe that Mr. Sarff will agree to the execution of the amendment since he has already agreed to a similar amendment to the agreement with the City of Richfield. At this point, we do not know how much money the City may be entitled to or even whether the City is due any refunds at all. Since Mr. Sarff's proposal involves no financial commitment and no expenditures of staff time on the part of the City, we would recommend that the City accept Mr. Sarff's proposal. If you have any questions concerning this matter, please give me a call. Very truly yours, Charles L. LeFevere CLL:rsr Enclosure AMENDMENT TO SALES AND USE TAX LETTER AGREEMENT Jon G. Sarff and the City of Brooklyn Center hereby agree to amend the Sales and Use Tax Letter Agreement between Jon G. Sarff and the City of Brooklyn Center, dated , 1988, ( "Letter Agreement ") to include the following clause: Jon G. Sarff agrees to indemnify the City of Brooklyn Center for any costs or attorney's fees which may be assessed against the City as a result of his efforts to obtain refunds of sales and use tax on behalf of the City of Brooklyn Center from the Minnesota Department of Revenue pursuant to the terms of the Letter Agreement. CITY OF BROOKLYN CENTER By Jon G. Sarff 0007AM01.E19 1�3 � BROOKLYN CENTER PROCESS 1. Document State and County mandates and Brooklyn Center's responsibilities under those mandates 2. Review options for complying with mandates Staff preliminary review of options with: - Refuse haulers - Hennepin County officials - Metro Council officials - Other municipal officials 3. Develop draft evaluation criteria for use in judging service options 4. Develop joint power capability - This approach could be used with many service options 5. Public information meeting 6. Staff evaluation of service options, report public input and recommendation to City Council 7. City Council decision DRAFT EVALUATION CRITERIA 3/11/88 1. Should meet State and County mandates II. Should be ecologically sound III. Should allow for continued quality convenient service IV. Should be cost effective on a total cost basis V. Should allow for choice of vendors Vi. Sh ould rovide for reduction eduction in hauling vehicle trips I. State of Minnesota and Hennepin County Mandates State of Minnesota law directs counties to develop a plan for refuse disposal which allows only processed waste in landfills Hennepin County has implemented regulations requiring municipalities to recycle at least 16% of the refuse by 1990 II. Ecologically Sound As citizens we have a responsibility, a stewardship, to leave the land and its waters to future generations in as good condition or hopefully better condition than we found it The present practice of dumping most refuse into landfills is ecologically an unacceptable practice - Recycling of yard wastes, paper, cardboard, cans, and bottles is an importantstep in reducing landfill volumes and resource recycling III. Quality and Convenient Service Current haulers are providing an overall quality level of service Any new system should offer the same or better quality service Recycling process should be as convenientfor the citizen and encourage maximum participation IV. Cost Effective on a Total Cost Basis Currentcost in the metro area is in the area of $10 to $15 per month Consider total cost of service options for refuse and recyclable hauling: 1. Cost to customer -- refuse bill 2. Government costs incurred in recycling program - -City and County cost 3. Administrative costs to City It may be possible, based on experience of other cities, to implementa service option, including an effective recycling program, atapproximately the currentcost of refuse collection services V. Choice of Vendors - Preserve the option of a residentto choose their refuse hauler Allow for a system which does not drive small haulers out of business Provide incentive for competition VI. Reduction in Refuse Vehicle Trips Reduce refuse hauling vehicle trips to save wear and tear on streets Reduce refuse hauling vehicle trips to reduce noise and neighborhood annoyance .. 11CL, MEMORANDUM TO: Gerald G. Splinter, City Manager FROM: James Lindsay, Chief of Police DATE: March 11, 1988 SUBJECT: Liquor License Application Attached please find a copy of the application filed for an on- sale nonintoxicating liquor license for the Centerbrook Golf Club. As this is a city operated establishment, no background investigation was done on the application. Also, we assume the license fee will be waived in this instance. If you have any further questions, please contact me. CITY OF BROOKLYN CENTER, MINNESOTA APPLICATION FOR INTOXICATING OR NONINTOXICATING LIQUOR LICENSE GENERAL INFORMATION 1. Name license to be issued in (name of individual, partner- ship, corporation, association or organization): � n 2. Name under which applicant will be doing business, if different from #1: nt 3. Address & Phone of licensed establishment within the City of Brooklyn Center: Address: Phone: _ ( _ 3 2,,3 I 4. Name, Title, Address & Phone of person to contact for infor- mation regarding application: Name: ��� L / Title: C> �� � � � � � � � � Phone: Address: 5. Applicant is: Individual Partnership Corporation Association / Club or Organization _ K Other 6. Type of license applicant seeks: On -Sale Liquor On -Sale Club Sunday On -Sale Wine Annual Set -up On -Sale Nonintoxicating Malt Liquor Off -Sale Nonintoxicating Malt Liquor -1- 7. Proposed Commencing Date: 8. If applicant is a partnership, which partner is named managing partner: 9. State the amount of the investment that the applicant has in the business premises, fixtures, furniture, stock in trade, et cetera and attach supporting proof of the source of such money. n 10. Give full name, address, telephone number and the nature of the interest, amount thereof, terms for payment or other reimbursement, of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, or stock in trade. (This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors, and persons who have cosigned notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant.) • , 11. If any permits are required by the Federal government for this premises, state the nature of the permit, the date they were issued or applied for and the name in which they were issued or applied for. 12. If any permits re required by State Statute for this premises, state the nature of the permit, the date they were issued or applied for and the name in which they were issued or applied for. ` �1 -2- 13. Are any real estate taxes, personal property taxes, special assessments, or other financial claims of the City of Brooklyn Center delinquent or unpaid for the premises to be licensed? If yes, give details. 14. For intoxicating l iquor quor licenses, what is the floor area, in square feet, of the dining room open to the public? n j i�l 15. If the premises is a hotel, how many guest rooms does it contain? as Nam Title �� � for - 1i[ �� Vl�.'���I� �7 L�;'/��� being first duly sworn, upon Business Name his oath deposes and says that he is the person who executed the foregoing application and that the statements made therein are true of his own knowledge lid belief Signed g . Si i �' Subscribed and sworn to before me this day of .�.�, • aMNM'�+�'�' ~ ' :r« +fi''`r Barbara Cox Notary Public —Minns rota Hennepin county p. a 4Ay comm. E Xp. 8 a38° -3- Licenses to be approved by the City Council on March 14, 1988: CIGARETTE Woodside Enterprises 11889 65th Ave. N. Little Brooklyn 6219 Brooklyn Blvd. J (� / JZYJGIL City Clerk FOOD ESTABLISHMENT Alano Society 4938 Brooklyn Blvd. America Food Management P. 0. Box 160 Northwestern Bell 5910 Shingle Creek Pkwy. Arby's Brookdale Center Baskin Robbins 1277 Brookdale Center Brookdale Cinema 5801 John Martin Drive Brookdale Covenant Church 5139 Brooklyn Blvd. Brooklyn Center American Legion 4307 70th Ave. N. Brooklyn Center Athletic Boosters 5620 Humboldt Ave. N. Brooklyn Center High School 6500 Humboldt Ave. N. Brooks Superette 6804 Humboldt Ave. N. Canteen Corporation 1091 Pierce Butler Route Ault, Inc. 1600 Freeway Blvd. Hoffman Engineering 6530 James Ave. N. Community Emergency Assistance Program 7231 Brooklyn Blvd. County Club Market 5715 Morgan Ave. N. Cross of Glory Lutheran Church 5929 Brooklyn Blvd. Davanni's 5937 Summit Drive Days Inn 1501 Freeway Blvd. Duke's Standard 6501 Humboldt Ave. N. Evergreen Park Elementary School 7020 Dupont Ave. N. Fanny Farmer Candy Shops Brookdale Center 50's Grill 5524 Brooklyn Blvd. Kim Fung 5704 Morgan Ave. N. Garden City School 3501 65th Ave. N. Green Mill Inn, Inc. 5540 Brooklyn Blvd. Harron United Methodist Church 5452 Dupont Ave. N. K -Mart 5930 Earle Brown Dr. LaCasita Mexican Restaurant 2101 Freeway Blvd. Los Primos Brookdale Center Lutheran Church of the Master 1200 69th Ave. N. Lutheran Church of the Triune God 5827 Humboldt Ave. N. Munch Box Snack Service 6840 Shingle Creek Pkwy. Neil's Q 1505 69th Ave. N. Northport Elementary School 5421 Brooklyn Blvd. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. 1 Potato 2 1319 Brookdale Center Orange Julius Brookdale Center Orchard Lane School 6201 Noble Ave. N. Pizza Hut 6000 Shingle Creek Pkwy. Price Candy Company Brookdale Center Red Owl County Store 3610 63rd Ave. N. Rocky Rococo 1267 Brookdale Center St. Alphonsus Church 7025 Halifax Ave. N. Sears, Roebuck & Co. 1297 Brookdale Center Target 6100 Shingle Creek Pkwy. Taystee Baking Company 4215 69th Ave. N. 0 Tombstone Pizza Corporation 6850 Shingle Creek Pkwy. Willow Lane PTA 7020 Perry Ave. N. f Willow Lane School 7020 Perry Ave. N. .,t.�•� Sanitarian �c LODGING ESTABLISHMENT Marc's Budgetel 6415 James Circle Sanitarian MECHANICAL MECHANICAL SYSTEMS Romark Heating & Ventilation 2647 Eldridge Ave. Building Official NONPERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Company 5925 Earle Brown Drive Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Schmitt Music 3400 Freeway Blvd. /1I1Q7 Sanitarian PERISHABLE VENDING MACHINES A & J Enterprises 6843 Washington Ave. S. Best Products Company 5925 Earle Brown Drive Bob Ryan Oldsmobile 6700 Brooklyn Blvd. Schmitt Music 3400 Freeway Blvd. Sanitarian SPECIAL FOOD HANDLING ESTABLISHMENT Best Products Company 5925 Earle Brown Drive �0/J7Q/yj Sanitarian SWIMMING POOL Brooklyn Center Community Center 6301 Shingle Creek Pkwy. Evergreen Park Manor 7200 Camden Ave. N. Hiway 100 N. France Health Club 4001 Lakebreeze Ave. N. Marvin Garden Townhouses 68th and Orchard Avenues h — &P t Sanitarian GENERAL APPROVAL: D. K. Weeks, City Clerk li