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HomeMy WebLinkAbout2007 01-08 CCP Regular Session AMENDED AGENDA CITY COUNCIL STUDY SESSION January 8, 2007 6:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 1. City Council Discussion of Agenda Items and Questions 2. Miscellaneous a. Children's safety near storm water ponds at Earle Brown Elementary School Councilmember O'Connor 3. Discussion of Work Session Agenda Items as Time Permits 4. Adjourn CITY COUNCIL MEETING City of Brooklyn Center January 8, 2007 AGENDA 1. Informal Open Forum With City Council 6:45 p.m. —provides an opportunity for the public to address the Council on items which are not on the agenda. Open Fonun will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the Council will be far clarification only. Open Forum wi11 not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informational purposes only. 2. Invocation 7 p.m. Administer Ceremonial Oath of Office Passing of the Gavel 3. Call to Order Regular Business Meeting —The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. 4. Roll Call 5. Pledge of Allegiance 6. CounciZ Report 7. Approval of Agenda and Consent Agenda —The following items 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 at the end of Council Consideration Items. a. Approval of Minutes 1. December 11, 2006 Study Session 2. December 11, 2006 Regular Session b. Licenses c. Resolution Designating Official Newspaper d. Resolution Designating Depositories of City Funds e. Resolution Appointing Curt Boganey as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group CITY COUNCIL AGENDA -2- January 8, 2007 f. Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations g. Resolution Accepting Wark Performed and Authorizing Final Payment, Improvement Project No. 2005-05, Contract 2005-G, Twin Lake Avenue Street, Storm Drainage and Utility Improvements S. Presentations None. 9. Public Hearing None. 10. Planning Commission Items a. Planning Commission Application No. 2006-0013 Submitted by Lori Athias. Request for site and building plan approval for a two-unit townhouse at 4821 Twin Lake Avenue North. The Planning Commission recommended approval of this application at its December 14, 2006, meeting. •Requested Council Action: —Motion to approve Planning Commission Application No. 2006-0013 subject to the conditions recomxnended by the Planning Commission. 11. Council Consideration Items a. Resolution Expressing Recognition and Appreciation of Myrna Kragness for Twelve Years of Dedicated Public Service as Mayor •Requested Council Action: —Motion to adopt resolution and present recognition plaque. b. Resolution Expressing Recognition and Appreciation of Kathleen Carmody for �Ier Dedicated Public Service as Council Member •Requested Council Action: —Motion to adopt resolution and present recognition plaque. c. Resolution Expressing Recognition and Appreciation of Diane Niesen for Her Dedicated Public Service as Council Member •Requested Council Action: —Motion to adopt resolution and present recognition plaque. d. Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions •Requested Council Action: —Motion to adopt resolution and present certificates of appreciation to commissioners. CITY COUNCIL AGENDA -3- January 8, 2007 e. Select Presiding Officers Mayor Pro Tem and Acting Mayor Pro Tem •Requested Council Action: —Council discuss and select presiding officers. f. Resolution Declaring Commitment to the Brooklyn Center City Charter •Requested Council Action: —Motion to adopt resolution. g. Mayoral Reappointments to City Advisory Commissions •Requested Council Action: —Motion to ratify Mayoral reappointments. h. Mayoral Appointment Financial Cornmission Member •Requested Council Action: —Motion to ratify Mayoral nomination. i. Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City Representatives/Voting Delegates for Other Organizations for 2007 •Requested Council Action: —Motion to ratify Mayoral appointments. j. Amend 2007 City Council Meeting Schedule 1. Change the Date of the First Council Meeting in November to Tuesday, November 13, Due to Veterans Day Being Observed on Monday, November 12. 2. Resolution Accepting a Proposal for a Leadership-Planning-Team Building Retreat Proposed by Don Salverda Associates •Requested Council Action: —Motion to change the date of the first Council meeting in November to Tuesday, November 13, and to adopt resolution setting the retreat far Saturday, January 13, 2007, at 8:30 a.m. k. Resolution Receiving and Accepting the 2006 Goal Setting Retreat Report of November 1 l, 2006, as Prepaxed by Donald Salverda Associates �Requested Council Action: —Motion to adopt resolution. l. An Ordinance Amending Chapter 34 of the City Code of Ordinances Regarding the Display of Decorative Banners •Requested Council Action: —Motion to approve first reading of ordinance and set second reading and Public Hearing for February 12, 2007. CITY COUNCIL AGENDA -4- January 8, 2007 a Public Hearin m. Resolution Accepting Engmeer s Feasibihty Report and Calhng for g, Improvement Project Nos. 2007-05, 06, 07 and 08, Riverwood Area Neighborhood Street, Storm Drainage, and Utility Improvements •Requested Council Action: —Motion to adopt resolution. n. Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project Nos. 2007-OS and 06, Contract 2007-B, Riverwood Area Neighborhood Street and Storm Drainage Improvements •Requested Council Action: �i —Motion to adopt resolution. o. Resolution Calling For a Public Hearing on Proposed Use of 2007 Urban Hennepin County Community Development Block Grant Funds •Requested Council Action: —Motion to adopt resolution. p, Resolution Approving the Contract for Loca149 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Yeaxs 2007 and 2008 •Requested Council Action: —Motion to adopt resolution. q. Resolution Amending Section 7.1 of the City's Personnel Rules and Regulations Regarding City Holidays •Requested Council Action: —Motion to adopt resolution. r. Opporiunity Site Area 1. Resolution Establishing a Moratorium on Development in the Opportunity Site Area •Requested Council Action: -Motion to adopt resolution. 2. An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development in the Opportunity Site Area •Requested Council Action: —Motion to approve first reading of ordinance and set second reading and Public Hearing for February 12, 2007. s. Consideration of Proposed Settlement of MCES Claim (Council may adjourn to Executive Session following EDA meeting.) 12. Adjournment City Council Agenda Item No. 7a MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 1 l, 2006 CITY HALL COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Director of Fiscal Support Services Dan Jordet, and Deputy City Clerk Camille Worley. MINUTE CORRECTIONS COUNCILMEMBER NIESEN Councilmember Niesen explained her request to change the minutes of the June 12, 2006, Regular Session and the June 26, 2006, Work Session meetings. There was discussion on the request. Councilmember O'Connor stated she would be in favor of changing the minutes as requested by Councilmember Niesen's. Mayor Kragness and Councilmembers Carmody and Lasman stated objection to amending the approved minutes because the original minutes reflect an appropriate summarization of the discussion held. Mayor Kragness stated the requested change to Page 4, Paragraph 1 of the June 26, 2006, Work Session minutes would be acceptable. It was the majority consensus of the City Council to accept the following amendment to the June 26, 2006, Work Session meeting minutes: (P4, paragraph 1) Councilmember/Commissioner Niesen offered to contact Tautges and bring information back to Council as to what types of information an operational audit would provide. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember O'Connor requested the following changes to the November 27, 2006, Study Session minutes: Pa�e 2. Line 2, Para�ranh 7 There was discussion on the advertisement of the Truth in Taxation Hearing where it was indicated that it would be published in an article in the Sun Post newspaper along with notification on the City's website. Pa�e 2, Paraeraph 5 Councilmember O'Connor stated preference that the land be sold and the new owner be allowed to build anvthing thev wish within zoning limits. 12/11/06 1 DRAFT November 27, 2006, Regular Session Pa�e 6. Line 1 under Miscellaneous Councilmember O'Connor stated a concern ofthe Parks and Recreation Commission for the removal of the graffiti in the parks. She discussed the importance of removing the graffiti in a timely manner to prevent further graffiti and easier removaL December 4, 2006 Truth in Taxation Budget Hearing: Pa�e 2, Line 2, Para�ranh 3 Henry Yang, 6207 Regent Ave N, asked if there is a legislative cap on the amount that taxes can be raised. He stated concern with the amount of increase in market value o ropertv he owns. Pa�e 2, Line 3, Para�ranh 4 Amy Luesebrink, 5557 James Ave N, explained her frustration with the increase in taxes and explained that voting against the school referendums was due to the increase in other t�es. She asked that the City Council try to help �ke School District 286 so that property taxes are not increased. Councilmember Niesen inquired about the HRA a.nd EDA items specifically the budgeted amounts and the 2007 Dept Service Budgets. City Manager Curt Boganey responded by explaining the budgeted amount proposed and how that amount was determined. Director of Fiscal Support Services Dan Jordet explained the 2007 Dept Service Budgets. I MISCELLANEOUS There was discussion on the transition process for approval of minutes from the yeax 2006. Mr. Bo ane stated the minutes will be a roved b the new Ci Council. He stated a la ue will be g Y PP Y tY P q presented to outgoing City Council Members at the first meeting of the new year. Councilmember O'Connor requested that the minutes be presented to the City Council prior to the first meeting of the year so that corrections can be made by the outgoing Council Members. There was discussion on the request. Councilmember Carmody stated objection to the early presentation of minutes. Mayor Kragness stated the new City Council is present and will be able to revie�v the minutes. Councilmember Niesen stated she would be willing to review the minutes and submit changes to the City Manager. It was the ma'orit consensus of the Cit Council to have the minutes emailed to Ma or Kra ness and J Y Y Y g Councilmember Niesen so that corrections may be submitted to Mr. Boganey. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded to close the Study Session at 6:42 p.m. Motion passed unanimously. City Clerk Mayor 12/11/06 2 DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 11, 2006 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER 1NFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Myrna Kragness at 6:45 p.m. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Director of Fiscal Support Services Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. Mayor Kragness opened the meeting for the purpose of Informal Open Forum. Dan Schleck, 2 Carlson Parkway #155 in Minneapolis, appeared regarding future plans and proposals for Brookdale Square. He stated Home Depot has been working to outlay a proposal that would consume half the site, leaving the other half for continued uses. He stated the potential of an additional $600,000 in tax base per year. He stated no public subsidies would be sought. Councilmember Carmody suggested that discussions on the matter be postponed until next year when the new City Council can consider the information. Councilmember Carmody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:53 p.m. Motion passed urianimously. 2. INVOCATION Rev. Dr. Jerry R. O'Neill, Cross of Glory Lutheran Church, offered a prayer as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Myrna Kragness at 7:15 p.m. 12/11 /06 1 DRAFT 4. ROLL CALL Mayor Myrna Kragness and Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Todd Blomstrom, Director of Fiscal Support Services Dan Jordet, City Attorney Charlie LeFevere, and Deputy City Clerk Camille Worley. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Niesen stated she enjoyed serving the City and thanked the tax payers for their support. Councilmember Carmody wished the new City Council good luck at the beginning of the year. Councilmember Lasman stated on November 28, 2006, she attended the Visit Minneapolis North Convention and Visitors Bureau Open House holiday event where their new facility was showcased. She stated on November 29, 2006, she attended a reception hosted by the Minneapolis City Council where elected officials from surrounding communities discussed commonalities. She stated on December l, 2006, she attended the North Hennepin Chamber of Commerce meeting where different committee reports were given. She stated on December 7, 2006, she attended the North Hennepin Area Chamber of Commerce Holiday Open House where elected officials and business people discussed commonalities. Councilmember O'Connor stated she attended the Riverwood Neighborhood Street Reconstruction meeting that was well attended and the Engineering Department did a good job of explaining the project. Mayor Kragness stated she attended the Visit Minneapolis North reception along with the Minneapolis Ciry Council reception held at the new Minneapolis Library. She stated there are many people she would like to thank for support given during her term as Mayor, such as City Staff, Volunteers, and Council Members. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Carmody seconded approval of the consent agenda and agenda with the amendments to the minutes of June 26, 2006 Work Session, November 27, 2006 Study Session and Regular Session, and the December 4, 2006 Truth in T�ation Budget Hearing as discussed at the Study Session. The following consent items were approved: 7a. APPROVAL OF MINUTES l. June 26, 2006 Work Session 2. November 20, 2006 Joint Work Session with Financial Commission 3. November 27, 2006 Study Session 4. November 27, 2006 Regular Session 5. December 4, 2006 Initial Truth in T�ation Hearing 12/11/06 2 DRAFT 7b. LICENSES COMMERCIAL KENNEL Pandora's Box Veterinary Clinic 4902 France Ave North GASOLINE SERVICE STATION Osseo-Brooklyn Bus Company 4435 68�' Ave North LIOUOR CLASS A ON-SALE INTOXICATING AND SUNDAY Applebee's 1400 Brookdale Mall LIOUOR CLASS B ON-SALE INTOXICATING AND SUNDAY AMF Earle Brown Lanes 6440 James Circle North Crowne Plaza 2200 Freeway Boulevard Ref's Sports Bar Grill 1 2545 County Road 10 T. G. I. Friday's 2690 Freeway Boulevard LIOUOR CLASS C ON-SALE INTOXICATING AND SUNDAY Days Inn j 1501 Freeway Boulevard LIOUOR CLASS D ON-SALE INTOXICATING AND SUNDAY Boba Cafe L 1331 Brookdale Center LIOUOR CLASS F ON-SALE INTOXICATING AND SUNDAY Flik International 6155 Earle Brown Drive LIOUOR ON-SALE CLUB INTOXICATING AND SUNDAY Duoos Bros. American Legion Post 630 6110 Brooklyn Boulevard LIOUOR OPTIONAL 2 A.M. CLOSING Refls Sports Bar Grill 2545 County Road 10 T. G. I. Frida 's 2690 Freewa Boulevard I Y Y LIOUOR ON-SALE WINE INTOXICATING AND 3.2 PERCENT MALT LIOUOR 50's Grill 5524 Brooklyn Boulevard C 1 Buffet 6090 Shingle Creek Parkway Great India 6056 Shingle Creek Parkway LIOUOR ON-SALE 3.2 PERCENT MALT LIOUOR Centerbrook Golf Course 6301 Shingle Creek Parkway Davanni's Pizza and Hot Hoagies 5937 Stunmit Drive Scoreboard Pizza 6816 Humboldt Avenue North LIOUOR OFF-SALE 3.2 PERCENT MALT LIOUOR Cub Foods Brookdale 3245 County Road 10 SuperAmerica #3192 6950 Brooklyn Boulevard SuperAmerica #4160 6545 West River Road SuperAmerica #4058 1901 57th Avenue North Value Food 6804 Humboldt Avenue North 12/ 11 /06 3 DR.AFT Winner Gas 6501 Humboldt Avenue North 1 Subject to submittal of Liquor Liability Insurance Certificate 2 Subject to submittal of complete liquor license application 3 Subject to submittal of complete liquor license application and payment of property and lodging taxes MECHANICAL Joseph Consulting 34 Imperial Dr E, West St. Paul White Bear Mechanical 2379 Leibel St, White Beax Lake TOBACCO RELATED PRODUCT Driftwood Hospitality Management, Inc 2200 Freeway Blvd Walgreen Company 6390 Brooklyn Blvd Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2006-06 RELATING TO DISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM Public Works Director/City Engineer Todd Blomstrom stated the Ordinance was first read on October 9, 2006; published in the official newspaper on October 26, 2006; and a Public Hearing was held on November 13, 2006, and continued to December 11, 2006. He addressed the changes made to the ordinance since the previous consideration by the City Council. Councilmember O'Connor stated objection to laws that restrict citizens in this manner. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing on an Ordinance Relating to Discharges and Connections to the Stormwater System. Motion passed unanimously. No public input was offered. Councilmember Carmody moved and Councilmember Lasman seconded to close the Publie Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of ORDINANCE NO. 2006-06 Relating to Discharges and Connections to the Stormwater System. Councilmember Carmody stated the importance of following the guidelines set forth by other government entities. There was discussion on the penalty to violators of the ordinance. Mr. Blomstrom discussed the purpose of the ordinance, how the ordinance was derived, and sources of reference. 12/11/06 4 DRAFT Councilmember O' Connor voted against the same. Motion passed. 8b. CONSIDERING THE PROPOSED 2007-2021 CAPITAL IMPROVEMENT PROGRAM 1. RESOLUTION NO. 2006-138 Adopting Capital Improvement Program City Manager Curt Boganey introduced the item and indicated a typographical error in that the Capital Improvement Program is for the years 2007-2021 rather than 2007-2011 as indicated on the agenda. He discussed sources of revenue and other factors of the Capital Improvement Program. Councilmember Lasman moved and Councilmember Carmody seconded to open the Public Hearing on consideration of the Proposed 2007-2021 Capital Improvement Program. Motion passed unanimously. No public input was offered. Councilmember Carmody moved and Councilmember Lasman seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-138 Adopting Capital Improvement Program. Councilmember O'Connor stated objection to the installation of curbs that force materials into the water system. She stated the Street Reconstruction Plan should be stopped because of the assessments to the residents. She stated the time period for the Capital Improvement Plan is too long. Mayor Kragness explained that the Capital Improvement Plan is a planning tool to assist in budgeting for capital improvement and is an important tool to determine future needs. Councilmember Carmody discussed the use of rain gardens as a tool to filter the rain water before it enters the water system. She stated it is important to plan ahead. Councilmember O'Connor voted against the same. Motion passed. 8c. CONSIDERATION OF 2007 BUDGET 1. RESOLUTION NO. 2006-139 Approving a Final Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for 2007 2. RESOLUTION NO. 2006-140 Establishing a Final Market Value Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2007 3. RESOLUTION NO. 2006-141 Adopting the 2007 General Fund Budget 4. RESOLUTION NO. 2006-142 Adopting the 2007 Special Revenue Fund Budgets 5. RESOLUTION NO. 2006-143 Adopting the 2007 Debt Service Fund Budgets 6. RESOLUTION NO. 2006-144 Adopting the 2007 Capital Project Fund Budgets 12/11/06 5 DRAFT 7. RESOLUTION NO. 2006-145 Adopting the 2007 Enterprise Fund Budgets 8. RESOLUTION NO. 2006-146 Adopting the 2007 Public Utility Fund Budgets 9. RESOLUTION NO. 2006-147 Adopting the 2007 Internal Service Fund Budgets Councilmember Lasman moved and Councilmember Niesen seconded to open the Public Hearing on consideration of the 2007 Budget. Motion passed unanimously. Mr. Boganey introduced the item and presented a PowerPoint presentation that stunmarized the following: Proposed Property Tax Levy Residential Homestead Tax Capacity 2007 Residential Property Tax Components Tax Capacity for Apartments, Commercial and Residential Property 2006 Assessment Tax Capacity Payable in 2007 2006 Estimated Market Value Payable in 2007 General Fund Revenues Revenues by Source General Fund Revenues 2007 Local Government Aid and Uses Status Quo Budget Service Levels General Fund Expenditures Expenditures by Department General Fund Expenditures 2007 Expenditures by Type Total Full Time Employees No public input was offered. Councilmember Lasman moved and Councilmember Carmody seconded to close the Public Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-139 Approving a Final Tax Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for 2007. Councilmember O'Connor stated salary increases are not needed and the tax payers cannot afford the proposed 2.85% increase in property taxes. Councilmember Niesen inquired about various aspects of the budgeted amounts and stated with the pay plan being a large portion of the budget, it should have been approved prior to this process. She stated a continued salary increase of 3% is not appropriate when considering the struggles of the private industry. She stated the pay plan should be adopted and reviewed prior to the budget process. 12/11 /06 6 DRAFT Mr. Boganey addressed each of Councilmember Niesen's inquiries and explained comparison information regarding salaries. He discussed a salary analysis done in the past and explained the involved process of such an analysis. Councilmember Niesen moved and Councilmember O'Connor seconded to alter and lower the budget to incorporate a 2% salary increase. Councilmember Carmody stated the matter had been discussed prior to this meeting and there is no factual information supporting this motion. She stated even with a lower salary increase, substantial increases will be given when considering health care, retirement, and union negotiations. Mayor Kragness and Councilmembers Lasman and Carmody voted against the same. Motion failed. A vote was taken on adoption of RESOLUTION NO. 2006-139 Approving a Final T� Capacity Levy for the General Fund and Debt Service Funds and a Market Value Tax Levy for the Housing and Redevelopment Authority for 2007. Voting in favor: Mayor Kragness, Councilmember Carmody, Councilmember Lasman. Voting against: Councilmember O'Connor, Councilmember Niesen. Motion passed. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-140 Establishing a Final Market Value Levy for the Purpose of Defraying the Cost of Operation, Providing Informational Services and Relocation Assistance Pursuant to the Provisions of Minnesota Statutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2007. Councilmember O Connor voted a ainst the same. Motion assed. g P Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-141 Adopting the 2007 General Fund Budget. Councilmembers O' Connor and Niesen voted against the same. Motion passed. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-142 Adopting the 2007 Special Revenue Fund Budgets. Councilmember O' Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-143 Adopting the 2007 Debt Service Fund Budgets. Councilmember O' Connor voted against the same. Motion passed. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-144 Adopting the 2007 Capital Project Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. 12/11/06 7 DRAFT Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-145 Adopting the 2007 Enterprise Fund Budgets. Councilmember Niesen inquired about the Enterprise Fund Budgets. Mr. Boganey and Mr. Jordet addressed her inquiries. Councilmember O'Connor inquired about the remaining funds needed for the EBHC water tower repairs. Mr. Boganey stated the remaining funds would come from the EBHC budget if the City Council decides to move forward with the water tower repairs. Councilmember O'Connor voted against the same. Motion passed. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-146 Adopting the 2007 Public Utility Fund Budgets. Councilmember O'Connor voted against the same. Motion passed. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-147 Adopting the 2007 Internal Service Fund Budgets. Councilmember O' Connor voted against the same. Motion passed. 8d. RESOLUTION NO. 2006-148 EXPRESSING APPRECIATION FOR THE DONATION OF THE BROOKLYN CENTER CRIME PREVENTION PROGRAM IN SUPPORT OF THE 2006 SUMMER FUN SQUAD AND YOUTH SPORTS PROGRAMS Mr. Boganey stated the purpose of the resolution expressing appreciation. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-148 Expressing Appreciation for the Donation of the Brooklyn Center Crime Prevention Program in Support of the 2006 Summer Fun Squad and Youth Sports Programs. Motion passed unanimously. 8e. RESOLUTION NO. 2006-149 AUTHORIZING THE EARLY ORDER/PURCHASE OF ONE SEWER JET AND TRUCK UNIT, EQUIPMENT NO. 604 Mr. Boganey explained the purpose of the resolution and stated a savings will take place if the equipment is purchased now. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-149 Authorizing the Early Order/Purchase of one Sewer Jet and Truck Unit, Equipment No. 604. Motion passed unanimously. 12/ 11 /06 8 DRAFT 8f. RESOLUTION NO. 2006-150 ESTABLISHING THE INTEREST RATE FOR 2007 SPECIAL ASSESSMENTS Mr. Boganey explained the purpose of the resolution. Councilmember Lasman moved and Councilmember Carmody seconded adoption of RESOLUTION NO. 2006-150 Establishing the Interest Rate for 2007 Special Assessments. Councilmember O'Connor stated an interest rate of 6% is too much and it should be kept at 5.5%. Councilmember Lasman responded a formula determines the interest rate and it is not arbitrary. Councilmember O'Connor voted against the same. Motion passed. 9. COUNCIL CONSIDERATION ITEMS 9a. RESOLUTION NO. 2006-151 SETTING SALARIES FOR CALENDAR YEAR 2007 Mr. Boganey stated the purpose of the resolution and stated a 3% pay increase is proposed for non-union employees. He stated comparable communities were contacted, none of which are offering less than 3%. He indicated that the average increase of those cities surveyed is 3.19%. Councilmember O' Connor moved and Councilmember Niesen seconded to alter the salaries to reflect a 2% increase. Mayor Kragness and Councilmembers Carmody and Lasman voted against the same. Motion failed. Councilmember Carmody moved and Councilmember Lasman seconded adoption of RESOLUTION NO. 2006-151 Setting Salaries for Calendar Year 2007. Councilmembers O'Connor and Niesen voted against the same. Motion passed. 9b. MAYORAL APPOINTMENT TO HOUSING COMMISSION Ma or Kra ess stated an a lication for the Housin Commission was received b Yolonde Lee. She Y PP g Y stated she left a message for Ms. Lee indicating that she would be appointed to the Housing Commission. Councilmember Lasman moved and Councilmember Carmody seconded to ratify Mayoral Appointment of Yolonde Lee, 7243 Oliver Avenue North, to the Housing Commission. Motion passed unanimously. 9c. 2007 CITY COUNCIL MEETING SCHEDULE tin meetin was modified so that a mee M r. B o a n e i n d i c a t e d t h a t t h e M a 2 8 2 0 0 7 C i C o u n c i l g g Y Y �5' g would not be held on Memorial Day. 12/11/06 9 DR.AFT Councilmember Carmody moved and Councilmember Lasman seconded adoption of the 2007 City Council meeting schedule. Motion passed unanimously. 12. ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded adjoununent of the City Council meeting at 8:49 p.m. Motion passed unanimously. City Clerk Mayor 12/11/06 10 DR.AFT City Council Agenda item No. 7b City of Brooklyn Center A Millennium Community TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk �j DATE: January 3, 2007 SUBJECT: Licenses for Council A roval PP The following companies/persons have applied far City licenses as noted. Each company/person has fulfilled the requirements of the City Ordinance governing respective licenses, submitted appropriate applications, and paid proper fees. Licenses to be approved by the City Council on January 8, 2007, are as follows: FIREWORKS PERMANENT Dollar Saver 6096 Shingle Creek Parkway GASOLINE SERVICE STATION Holiday Stationstores #292 420 66 Avenue North Humboldt Shell 6840 Humboldt Avenue North Perfect Car Wash #504 6849 Brooklyn Blvd Royalty Sons, Inc (Brooklyn BP) 6044 Brooklyn Blvd MECHANICAL Advanced Energy Services, Inc. 3650 Annapolis Lane N, Plymouth Master Gas Fitters 2242 Jennifer Lane, N. St. Paul RENTAL Renewal 1304 68 Lane N(Single Family) Samuel Holloway III 5825 Colfax Ave N(Single Family) Beulah Hill 1607 Irving Lane N(Single Family) Eugene Sesonga 7208 Perry Court E(Single Family) Vincent Okonkwo 5207 E Twin Lake Blvd (Single Family) David Ulhorn The Pines 6511-21 Humboldt Ave (2 Bldgs, 102 Units) The Pines North LLC l.� Di.stt�rbin�, 1 �ueapan�, 1 fire Centerpointe Apts (2800 Northway) 21 Bldgs, 252 Units) Hyder Jaweed 3 assaults, 49 disturbing, burglari�s, 1 weapons, 1 forgery, drzz�Ys, 3 rc�l�be7y, 1 laud party 7 auto th�fts. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Page 2 Licenses for Council Approval January 8, 2007 Initial 5500 Bryant Ave N(1 Bldg, 4 Units) Joshua Makinde noise, 1 disturbi��g (There were no calls for service for the following) 6618 Colfax Ave N(Single Family) Momolu Kpakelipaye 6807 Humboldt Ave N#303 (Condo Unit) Susan Grzeskowiah 7230 West River Road (1 Bldg, 4 Units) Joshua Makinde 7250 West River Road (1 Bldg, 4 Units) Joshus Makinde SECONDHAND GOODS DEALER GameStop 1307 Brookdale Mall GameStop 6068 Shingle Creek Parkway TOBACCO RELATED PRODUCT CVS Pharmacy 5801 Brooklyn Blvd Dollar Saver 6096 Shingle Creek Parkway Holiday Stationstores #292 420 66 Avenue North Holiday Stationstores #2099 6890 Shingle Creek Parkway Humboldt Shell 6840 Humboldt Avenue North Perfect Car Wash #504 6849 Brooklyn Blvd Royalty Sons, Inc (Brooklyn BP) 6044� Brooklyn Blvd S&I Tobacco 6930 Brooklyn Blvd Sun Foods 6350 Brooklyn Blvd Value Food 6804 Humboldt Avenue North City Council Agenda Item No. 7c Office of the City Clerk City of BRO(?KL �N C'ENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 2, 2007 SUBJECT: Resolution Designating Official Newspaper Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually designate a legal newspaper of general circulation in the City as its official newspaper. Minnesota Sun Publications has once again requested the City Council to designate Brooklyn Center Sun-Post to be the official newspaper for 2007. Brooklyn Center Sun- Post meets all necessary requirements for designation. The attached resolution designates the Brooklyn Center Sun-Post as the official newspaper for the City of Brooklyn Center for the year 2007. �ttachments: Resolution Designating Official Newspaper Minnesota Statutes Chapter 331A Letter from Sun Newspapers I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL NEWSPAPER WHEREAS, Section 12.01 of the Brooklyn Center City Charter requires the City Council to annually at its first meeting of the year designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published such ordinances and other matters as are required by law to be so published and such other matters as the council may deem it advisable and in the public interest to have published in this manner; and WHEREAS, the Brooklyn Center Sun-Post has previously been so designated; and WHEREAS, the Brooklyn Center Sun-Post meets all necessary requirements for designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the Brooklyn Center Sun-Post is hereby designated as the official newspaper for the City of Brooklyn Center for the year 2007. Januarv 8, 2007 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member v te bein taken thereon the followin voted in favor thereof: and u on o P g g and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Legis[ature Home Links to the VVor(d Heip Advanced �earcl x� Hou�e �enate Joint Departments and Cammissions Biil S�arch and Status Sfiatutes, Lawrs, arsd R�Ee� Minnesota Statutes 2006 Chapter 331A. Qualified Newspapers Copyright O 2006 by the Office of Revisor of Statutes, State of Minnesota. 331A.01 Definitions. 331_A.02 Requirements for a qualified newspaper. 331 A.03 Where notice published. 33_1_A.._04. Designation of a newspaper for official publications. 331A.05 Form of public notices. 331A.Q6 Rates for publication. 331 A.07 Affidavit of publication. 331 A._08 Computation of time. 331A.09 Publication on sunday or holiday. 331A_1_0_ Change of name or discontinuance of newspaper. 331 A.11 Application. 33_1__A.12 Web site publication of local transportation rfp. 331A.01 DEFINITIONS. Subdivision 1. Scope. As used in sections 331A.01 to 331A.11, the terms defined have the meanings given them except as otherwise expressly provided or indicated by the context. Subd. 2. Known office of issue. "Known office of issue" means the newspaper's principal office devoted primarily to business related to the newspaper, whether or not printing or any other operations of the newspaper are conducted at or from the office. A newspaper may have only one known office of issue. Subd. 3. Political subdivision. "Political subdivision" means a county, municipality, school district, or any other local political subdivision or local or area district, commission, board, or authority. Subd. 4. Municipality. "Municipality" means a home rule charter or statutory city or town. Subd. 5.[Repealed, 2004 c 182 s 33J Subd. 6. Proceedings. "Proceedings" means the substance of all official actions taken by the governing body of a political subdivision at any regular or special meeting, and at minimum includes the subject matter of a motion, the persons making and seconding a motion, the ro11 call vote on a motion, the character of resolutions or ordinances offered, including a brief description of their subject matter, and whether defeated or adopted. Subd. 7. Public notice. "Public notice" means every notice required or authorized by law or by order of a court to be published by a qualified newspaper, and includes: (a) every publication of laws, ordinances, resolutions, financial information, and proceedings intended to give notice in a particular area; .(b) every notice and certificate of election, facsimile ballot, notice of referendum, notice of public hearing before a governmental body, and notice of ineetings of private and public bodies required by law; and (c) every summons, order, citation, notice of sale or other notice which is intended to inform a person that the person may or shall do an act or exercise a right within a designated period or upon or by a designated date. (d) this subdivision contains no independent requirement for the publication of any public notice. Subd. 8. Qualified newspaper. "Qualified newspaper" means a newspaper which complies �rth all of the provisions of section 331 A.02. The following terms, when found in laws referring �to the publication of a public notice, shall be taken to mean a qualified newspaper: "quali�ed legal newspaper," "legal newspaper," "official newspaper," "newspaper," and "medium of official and legal publication." Subd. 9. Secondary office. "Secondary office" means an office established by a newspaper in a community other than that in which its known office of issue is located, in the same or an adjoining county, open on a regular basis to gather news and sell advertisements and subscriptions, whether or not printing or any other operations of the newspaper are conducted at or from the office. Subd. 10. Summary. "Summary" means an accurate and intelligible abstract or synopsis of the essential elements of proceedings, ordinances, resolutions, financial statements, and other official actions. It shall be written in a clear and coherent manner, and shall, to the extent possible, avoid the use of technical or legal terms not generally familiar to the public. When a summary is published, the publication shall clearly indicate that the published material is only a summary and that the full text is available for public inspection at a designated location or by standard or electronic mail. A summary published in conformity with this section shall be deemed to fulfill all legal publication requirements as completely as if the entire matter which was summarized had been published. No liability shall be asserted against a political subdivision in connection with the publication of a summary or agenda. History: 1984 c 543 s 20; 1986 c 444; 2004 c 182 s 3-7 •331A.02 REQUIREMENTS FOR A QUALIFIED NEWSPAPER. Subdivision 1. Qualification. No newspaper in this state shall be entitled to any compensation or fee for publishing any public notice unless it is a qualified newspaper. A newspaper that is not qualified must inform a public body that presents a public notice for publication that it is not qualified. To be qualified, a newspaper shall: (a) be printed in the English language in newspaper format and in column and sheet form equivalent in printed spaee to at least 1,000 square inches, or 800 square inches if the political subdivision the newspaper purports to serve has a population of under 1,300 and the newspaper does not receive a ublic subsidy; P (b) if a daily, be distributed at least five days each week. If not a daily, the newspaper may be distributed twice a month with respect to the publishing of government public notices. In any i re necessa i week in which a legal holiday is mcluded, not more than four issues of a daily paper a ry, (c) in at least half of its issues each year, have no more than 75 percent of its pnnted sp ace comprised of advertising material and paid public notices. In all of its issues each year, have 25 percent, if published more often than weekly, or 50 percent, if weekly, of its news columns 2 cal interest to the communi which it u orts to serve. Not more than 5 devoted to news of lo t}' p rp percent of its total nonadvertising column inches in any issue may wholly duplicate any other P ublication unless the duplicated material is from recognized general news services; orts to serve and either have at e olitical subdivision which it u d be circulated in th p P ip least 500 copies regularly delivered to paying subscribers, or 250 copies delivered to paying subscribers if the political subdivision it purports to serve has a population of under 1,300, or have at least 500 copies regularly distributed without charge to local residents, or 250 copies distributed without charge to local residents if the political subdivision it purports to serve has a population of under 1,300; (e) have its known office of issue established in either the county in which lies, in whole or in part, the political subdivision which the newspaper purports to serve, or in an adjoining county; (fl file a copy of each issue immediately with the State Historical Society; (g) be made available at single or subscription prices to any person or entity requesting the newspaper and making the applicable payment, or be distributed without charge to local residents; have complied with all the foregoing conditions of this subdivision for at least one year immediately preceding the date of the notice publication; (i) between September 1 and December 31 of each year publish a sworn United States Post Office periodicals-class statement of ownership and circulation or a statement of ownership and circulation verified by a recognized independent circulation auditing agency covering a period of at least one year ending no earlier than the June 30 preceding the publication deadline. When publication occurs after December 31 and before July 1, qualification shall be effective from the date of the filing described in paragraph (j) through December 31 of that year; and (j) after publication, submit to the secretary of state by December 31 a filing containing the newspaper's name, address of its known office of issue, telephone number, and a statement that it has complied with all of the requirements of this section. The filing must be accompanied by a fee of $25. The secretary of state shall make available for public inspection a list of newspapers that have filed. Acceptance of a filing does not constitute a guarantee by the state that any other qualification has been met. Subd. 2.[Repealed, 2004 c 182 s 33] Subd. 3. Publication; suspension; changes. The following circumstances shall not affect the qualification of a newspaper, invalidate an otherwise valid publication, or invalidate a designation as official newspaper. (a) Suspension of publication for a period of not more than three consecutive months resulting from the destruction of its known office of issue, equipment, or other facility by the elements, unforeseen accident, or acts of God or by reason of a labor dispute. •(b) The consolidation of one newspaper with another published in the same county, or a change in its name or ownership, or a temporary change in its known office of issue. (c) Change of the day of publication, the frequency of publication, or the change of the known office of issue from one place to another within the same county. Except as provided in this subdivision, suspension of publication, or a change of known office of issue from one county to another, or failure to maintain its known office of issue in the county, shall deprive a newspaper of its standing as a qualified newspaper until it again becomes qualified pursuant to subdivision l. Subd. 4. Declaratory judgment of legality. A person interested in a newspaper's qualification under this section may petition the district court in the county in which the newspaper has its known office of issue for a declaratory judgment to determine whether the newspaper is qualified. Unless filed by the publisher, the petition and summons shall be served on the publisher as in other civil actions. Service in other cases shall be made by publication of the petition and summons once each week for three successive weeks in the newspaper or newspapers the court may order and upon the persons as the court may direct. Publications made in a newspaper after a judgment that it is qualified but before the judgment is vacated or set aside shall be valid. Except as provided in this subdivision, the Uniform Declaratory Judgments Act and the Rules of Civil Procedure shall apply to the action. Subd. 5. Posting notices on Web site. If, in the normal course of its business, a qualified newspaper maintains a Web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its Web site at no additional cost. The notice must remain on the Web site during the notice's full publication period. Failure to post or maintain a public notice on the newspaper's Web site does not affect the validity of the public notice. History: 1984 c 543 s 21; 1985 c 174 s 1; ISp1985 c 13 s 315; 1987 c 30 s 1; 1987 c 286 s 1; 1988 c 682 s 42; 1990 c 395 s 1; 1991 c 205 s 17; 1997 c 137 s 13; 2001 c 38 s 1; 2004 c 182 s 8-11 331A.03 WHERE NOTICE PUBLISHED. Subdivision 1. Generally. Except as provided in subdivision 2, a public notice shall be published in a qualified newspaper, and except as otherwise provided by law, in one that is likely to give notice in the affected area or to whom it is directed. When a statute or other law requires ublication in a newspaper located in a designated political subdivision or area and no qualified newspaper is located there, publication shall be made in a qualified newspaper likely to give notice unless the particular statute or law expressly provides otherwise. If no qualified newspaper exists, then publication is not required. Subd. 2. Exception; certain cities of the fourth class. A public notice required to be published by a statutory or home rule charter city of the fourth class located in the metropolitan area defined in section 473.121, subdivision 2, is not required to be published in a qualified newspaper if there is no qualified nondaily newspaper of general circulation in the city, provided the notice is printed in a newsletter or similar printed means of giving notice that is prepared by the city and either mailed or delivered to each household in the city. Subd. 3. Alternative dissemination of bids and requests. (a) In addition to or as an alternative to the statutory requirements for newspaper publication, a political subdivision may disseminate solicitations of bids, requests for information, and requests for proposals by a means authorized in paragraph (b), if the political subdivision simultaneously publishes, either as part of the minutes of a regular meeting of the governing body or in a separate notice published in the official newspaper, a description of all solicitations or requests so disseminated, along with the means by which the dissemination occurred. (b) A political subdivision may use its Web site or recognized industry trade journals as an alternative means of dissemination. A dissemination by alternative means must be in substantially the same format and for the same period of time as a publication required by this chapter. (c) For the first six months after a political subdivision designates an alternative means of dissemination, it must continue to publish solicitation of bids, requests for information, and requests for proposals in the official newspaper in addition to the alternative method. The publication in the official newspaper must indicate where to find the designated alternative method. After the expiration of the six-month period, an alternative means of dissemination satisfies the publication requirements of law for solicitation of bids, requests for information, and requests for proposals. History: 1984 c 543 s 22; 1991 c 53 s 1; 2004 c 182 s 12,13 331A.04 DESIGNATION OF A NEWSPAPER FOR OFFICIAL PUBLICATIONS. Subdivision 1. Priority. The governing body of a political subdivision, when authorized or required by statute or charter to designate a newspaper for publication of its public notices, shall designate a qualified newspaper in the following priority. Subd. 2. Known office in locality. If there are one or more qualified newspapers, the known office of issue of which are located within the political subdivision, one of them shall be designated. Subd. 3. Secondary office in locality. When no qualified newspaper has a known office of issue located in the political subdivision, but one or more qualified newspapers maintain a secondary office there, one of them shall be designated. Subd. 4. General circulation in locality. When no qualified newspaper has its known office of issue or a secondary office located within the political subdivision, then a qualified newspaper of general circulation there shall be designated. Subd. 5. Other situations. If a political subdivision is without an official newspaper, or if the publisher refuses to publish a particular public notice, matters required to be published shall be published in a newspaper designated as provided in subdivision 4. The governing body of a political subdivision with territory in two or more counties may, if deemed in the public interest, i designate a separate qualified newspaper for each county. Subd. 6. Exception to designation priority. (a) Notwithstanding subdivisions 1 to 3, the governing body of a political subdivision may designate any newspaper for publication of its official proceedings and public notices, if the following conditions are met: 1) the newspaper is a qualified medium of official and legal publication; �2 the ublisher of the news a er furnishes a sworn statement, verified by a recognized P PP inde endent circulation auditin a enc covering a eriod of at least one year ending no earlier P g g Y P than 60 days before designation of the newspaper, stating that the newspaper's circulation reaches not fewer than 75 percent of the households within the political subdivision; (3) the newspaper has provided regular coverage of the proceedings of the governing body of the political subdivision and will continue to do so; and (4) the governing body votes unanimously to designate the newspaper. (b) If the circulation of a newspaper designated under this subdivision falls below 75 percent of the households within the political subdivision at any time within the term of its designation as of�cial newspaper, its qualification to publish public notices for the political subdivision terminates. Subd. 7. Joint bidding. A bid submitted jointly by two or more newspapers for the publication of public notices must not be considered anticompetitive or otherwise unlawful if the following conditions are met: (1) all of the qualified newspapers in the political subdivision participate in the joint bid; 2 the existence of the 'oint bid arran ement is disclosed to the overning body of the J g g political subdivision before or at the time of submission of the joint bid; and (3) the board is free to reject the joint bid and, if it does, individual qualified newspapers do not refuse to submit separate bids owing to the rejection of the joint bid. History: 1984 c 543 s 23; 2003 c 59 s 1; 2004 c 182 s 14 331A.05 FORM OF PUBLIC NOTICES. Subdivision l. English language. All public notices shall be printed or otherwise disseminated in the English language. Subd. 2. Time of notice. Unless otherwise specified by a particular statute, or by order of a court, publication of a public notice shall be as follows: (a) the notice shall be published once; (b) if the notice is intended to inform the public about a future event, the last publication shall occur not more than 14 days and not less than seven days before the event; (c) if the notice is intended to inform the public about a past action or event, the last publication shall occur not more than 45 days after occurrence of the action or event. Subd. 3. Type face. Except as otherwise directed by a particular statute requiring publication of a public notice or by order of a court, a public notice shall be printed in a type face no smaller than six point with a lowercase alphabet of at least 90 points. Larger type faces may be used. Subd. 4. Title or caption. Every public notice shall include a bold face title or caption in a body type no smaller than brevier or eight point referring to the content of the notice. Larger type faces may be used. Subd. 5. Local options. The governing body of a political subdivision may, to better inform the public, increase the frequency of publication of a public notice beyond the minimum required by a particular statute. It may use forms and styles for the notice as it deems appropriate, including the use of display advertisements and graphics. In addition to publication in the newspaper required to be designated under section 331A.04, it may publish or disseminate the notice in other newspapers and by means of standard and electronic mail. Regardless of whether a particular statute specifies "legal notice," "public notice," "notice," or uses similar terms, the governing body may use whatever form for the published notice that it deems appropriate in order to adequately inform the public, subject to the requirements of sections 331A.01 to 331A.11. Nothing in the foregoing provisions of this subdivision shall require the governing body of a political subdivision to use the options described. Subd. 6. Conflict of laws. Nothing in this section shall invalidate or affect any statutory or harter provision imposing additional or special qualifications for publication of particular notices or proceedings. Subd. 7. Errors in publication. If through no fault of the political subdivision, an error occurs in the publication of a public notice, the error shall have no effect on the validity of the event, action, or proceeding to which the public notice relates. Subd. 8. Notice regarding published summaries. If a political subdivision elects to publish a summary of the political subdivision's financial statement or proceedings as authorized by other law, it must include with the published summary a notice stating that a copy of the full version of the financial statement or proceedings other than attachments to the minutes is available without cost at the offices of the political subdivision or by means of standard or electronic mail. History: 1984 c 543 s 24; 1997 c 56 s 1; 2004 c 182 s 15-19 331A.06 RATES FOR PUBLICATION. Subdivision l. Maximum rate. The maximum rate charged for publication of a public notice shall not exceed the lowest classified rate paid by commercial users for comparable space in the newspapers in which the public notice appears, and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. Subd. 2. Rate increases. Notwithstanding subdivision 1, no newspaper may increase its rates for publication of public notices by more than ten percent per year, as compared to the maximum rate actually charged by the newspaper in the previous year for publication of public notices, and in any case the new rate shall not exceed the rate described in subdivision 1. Nothing in this •section shall be interpreted to mean that such an increase is required. Subd. 3. Rate from competitive bidding. When the governing board of a political subdivision awards a contract for the publication of public notices based on competitive bidding, the rate established by the competitive bidding shall be the rate charged for publication of the public notices. Subd. 4. Publication at le al rate. When a statute refers to ublication of a public notice at g P the legal rate the maximum rate shall be as provided in this section. Subd. 5. Multiyear publication co�ntracts. Notwithstanding other law, a political subdivision may enter into multiyear contracts with a qualified newspaper for publication of the political subdivision's public notices. No multiyear contract may be for a term longer than three years. History: 1984 c 543 s 25; 1985 c 174 s 2; 1994 c 465 art 2 s 18; 2004 c 182 s 20,21 331A.07 AFFIDAVIT OF PUBLICATION. No compensation shall be recoverable for publishing a public notice in any newspaper unless the bill is accompanied by an affidavit of the publisher of the newspaper or the publisher's designated agent, having knowledge of the facts, stating that the newspaper has complied with all the re uirements to constitute a ualified news a er. The affidavit must set forth the dates 9 q PP I li hed in f he month and ear and the da of the week u on which the ublic notice was ub s ot y y p p p the newspaper. The affidavit must also include the publisher's lowest classified rate paid by commercial users for comparable space, as determined pursuant to section 331 A.06. History: 1984 c 543 s 26; 1993 c 48 s 7; 2004 c 182 s 22 331A.08 COMPUTATION OF TIME. Subdivision 1. Time for publication. The time for publication of public notices shall be computed to exclude the first day of publication and include the day on which the act or event, of which notice is given, is to happen or which completes the full period required for publication. Subd. 2. Time for act or proceeding. The time within which an act is to be done or proceeding had or taken, as prescribed by the rules of procedure, shall be computed by excluding the first day and including the last. If the last day is Sunday or a legal holiday the party shall have the next secular day in which to do the act or take the proceeding. Subd. 3. Publication of proceedings. Notwithstanding oth�r statutory publication requirements, if the governing body of a political subdivision conducts regular meetings not more than once every 30 days, the governing body need not publish the meeting minutes in the official newspaper until ten days after the proceedings have been approved by the governing body. History: 1984 c 543 s 27; 2004 c 182 s 23 331A.09 PUBLICATION ON SUNDAY OR HOLIDAY. Any public notice may lawfully be printed in a newspaper published on a Sunday or holiday. Any notice that, by law or the order of any court, is required to be published for any given number of weeks may be published on any day in each week of the term, and if published as many weeks and as many times in each week as required by the law or order, it is a lawful publication. History: 1984 c 543 s 28; 2004 c 182 s 24 331A.10 CHANGE OF NAME OR DISCONTINUANCE OF NEWSPAPER. Subdivision 1. Change of name. When a public notice is required or ordered to be published in a particular newspaper and the name of the newspaper is changed before the publication is completed, the publication shall be made or continued in the newspaper under its new name with the same effect as if the name had not been changed. The proof of the publication, in addition to other requirements, shall state the change of name and specify the period of publication in the newspaper under each name. Subd. 2. Discontinuance. When a newspaper ceases to be published before the publication of a public notice is commenced, or when commenced ceases before the publication is completed, the order for publication, when one is required in the first instance, may be amended by order of the court or judge, to designate another newspaper, as may be necessary. If no order is required in the first instance, publication may be made or completed in any other qualified newspaper. Any time during which the notice is published in the first newspaper shall be calculated as a part of the time required for the publication, proof of which may be made by affidavit of any person acquainted with the facts. History: 1984 c 543 s 29; 2004 c 182 s 25 331A.11 APPLICATION. Subdivision l. Application. Sections 331 A.01 to 331A.1.1 apply to all political subdivisions of the state. Subd. 2. Notices excluded. Sections 331A.01 to 331A.11 do not apply to notices required by private agreements ar local laws to be published in newspapers, unless they refer expressly or by implication to this chapter or to particular provisions of this chapter. History: 1984 c 543 s 30; 2004 c 182 s 26,27 331A.12 WEB SITE PUBLICATION OF LOCAL TRANSPORTATION RFP. Subdivision 1. Definitions. (a) The terms defined in this subdivision and section 331A.01 apply to this section. (b) "Web site" means a specific, addressable location provided on a server connected to the Internet and hosting World Wide Web pages and other files that are generally accessible on the Internet all or most of the day. Subd. 2. Designation. At the meeting of the governing body of the local public corporation at which the governing body must designate its official newspaper for the year, the governing body may designate in the same manner publication of transportation projects on the local public corporation's Web site. Publication on the Web site may be used in place of or in addition to any other required form of publication. Each year after designating publication on the Web site for transportation projects, the local public corporation must publish in a qualified newspaper in the jurisdiction and on the Web site, notice that the local public corporation will publish any advertisements for bids on its Web site. Subd. 3. Form, time for publication same. A local public corporation that publishes on its Web site under this section must post the information in substantially the same format and for the same period of time as required for publication in an official newspaper or other print publication. Subd. 4. Record retention. A local public corporation that publishes notice on its Web site under this section must ensure that a permanent record of publication is maintained in a form accessible by the public. History: ISp2003 c 19 art 2 s 56 Please direct all comments concerning issues or legislation to your House Member or State Senator. For Legislative Staff or for directions to the Capitol, visit the Contact Us page. General puestions or comments. i November 15, 20Q6 ne�spapers City of Brooklyn Center City Council 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Dear City Council Members: Th� Brook'yn Center Sun-Post wc��!��. l�.ke t� be considered. for desiqnation as the legal newspaper for the City of Brookfyn Center for the upcoming year. All published legal notices are posted on our website (www.mnsun.com) at no additional charge. This is an enhancement to the local news coverage already available on the Internet and will broaden the readership of your legal notices. One of the main benefits of publishing your legal notices with the Sun-Posf is our home delivery. Sun Newspapers has become the primary source of community news in the suburbs. Your notices in our paper have the best chance of being seen and read. �o e would like to continue working with you, therefore, we wiil not be making a rate change for the ming year. The rate structure for legals- effective the first of the year will be: 1 column width: $14.30 per inch for first insertion $7.15 per inch for subsequent insertions Our columns are 14 picas wide There are 11 lines per inch Two natarized affidavits on each of your publications will be provided with no additional charge. The deadline for regular length notices is 2:00 p.m. the Thursday prior to publication. E-mailing the �P��I nc�#ices is: �n Pfficient and acc�rat� way of aetting the notices to us. The e-mail adc�ress for th� legal department is sunleqals@acnpapers.com. We still accept notices on disk, faxed or through the mail. If you require more information to make your decision, please contact me or Mary Ann Carlson, our Legal Representative, at 952-392-6829. Thank you for considering the Sun-Post as the official newspaper for the City of Brooklyn Center for the upcoming year. We appreciate the opportunity to serve the needs of your community. Sincerely, Jeffrey Coolman �Vice President and Group Publisher 10917 Vai,L�Y V�w RoAn O En�N P�� 0 Mn�soTA 553� O 95�-8�9-0797 O F�: 95�-9�1-3588 City Council Agenda Item No. 7d Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS WHEREAS, Section 7.01 of the City Charter provides the City Council with authority over City funds that includes the safekeeping and disbursement of public monies; and WHEREAS, Section 7.10 of the City Charter provides that City funds shall be disbursed by check bearing the actual or facsimile signature of the City Manager and City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. That Wells Fargo Bank NA is hereby designated as the depository for funds of the City of Brooklyn Center 2. That the following named bankers and brokers are hereby designated as additional depositories to be used for investment purposes: Federal Reserve Bank of Minneapolis Bremer Bank US Bank, N.A. TCF Bank Minnesota Municipal Money Market Fund (4M Fund) Minnesota Municipal Money Market Plus Fund (4M Plus Fund) RBC Dain Rauscher Smith Barney Inc. Morgan Keegan Company, Inc. Morgan Stanley UBS Financial Services Wachovia Securities, LLC Legg Mason Wood Walker, Inc. The City Treasurer is hereby authorized to deposit funds in accounts guaranteed by the Federal Deposit Insurance Corporation (FDIC), the Securities Insurance Protection Corporation (SIPC), successors of the FDIC ar SIPC or other govemmental institutions insuring the safety and liquidity of public monies. Funds deposited with designated depositories in excess of the insurance limits available through FDIC, SIPC or its RESOLUTION NO. successor institutions shall be covered by collateral in the form of government securities held in the City's name or other collateral proposed by the institution and approved by the City of not less than 110% of the value of the uninsured deposits. 3. That Wells Fargo Merchant Services, LLC is hereby designated as the clearinghouse for credit card sales. 4. That US Bank Trust is hereby designated as the safekeeping depository for City investments. 5. That the City Council authorizes the City Manager, the City Treasurer, or the Deputy City Treasurer to act for the City in all of its business activities with these designated depositories. Januarv 8, 2007 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. City Council Agenda Item No. 7e c;ty �,r Office of the City Clerk B'ROOKLYN eENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 2, 2007 SUBJECT: Resolution Appointing Curt Boganey as Director and Jim Glasoe as Alternate Director to the Board of Directors of Hennepin Recycling Group In 1988 the City Council authorized the City of Brooklyn Center to participate in the joint powers group lrnow as the Hennepin Recycling Group, along with the cities of Crystal and New Hope. Article IV, Sections 2 and 3, of the joint powers agreement require the governing body of the City to annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. The attached resolution designates City Manager Curt Boganey as Director and designates Community Activities, Recreation and Services Director Jim Glasoe as Alternate Director. �ttachment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING CURT BOGANEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP WHEREAS, the City Council passed Resolution No. 88-24 authorizing Brooklyn Center's membership in a joint powers group �nown as the Hennepin Recycling Group with Crystal and New Hope to implement joint recycling programs; and rnin bod of the Ci to WHEREAS the 'oint owers a eement re uires the gove g y ty J P q annually appoint a representative and alternate to the Board of Directors of Hennepin Recycling Group. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Crty of Brooklyn Center, Minnesota, that City Manager Curt Boganey be appointed to represent the City of Brooklyn Center as Director and Director of Community Activities, Recreation and Services Jim Glasoe be appointed as Alternate Director of the Board of Directors of Hennepin Recycling Group. Januarv 8, 2007 Date Mayar 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. City Council �igenda Item No. 7f c,t��f Office of the City Manager BROOIiLYN CE�VTER MEMORANDUM TO: Mayor Willson and Councilmembers Lasman, O'Connor, Ryan, and Yelich FROM: Curt Boganey, City Manager DATE: January 2, 2007 SUBJECT: Resolution Recognizing the Contributions of Ethnic Populations and Heritage Celebrations As part of the City Council's goal of inclusiveness, one of the aspects was to recognize the vaxious ethnic populations and their contributions as well as heritage celebrations. The proposed resolution, identical to the resolution adopted last year (Resolution No. 2006-07), would implement that Council policy by an inclusive list of celebrations and contributions in one resolution. We have avoided adopting individual resolutions, while wishing to participate in an inclusive fashion in recognizing the various ethnic and heritage celebrations that occur during the year. By adopting this resolution, the City acknowledges these many events that occur throughout the course of the year. I I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECOGI�TIZING THE CONTRIBUTIONS OF ETHI�TIC POPULATIONS AND HERITAGE CELEBRATIONS WHEREAS, the City Council has established a goal to promote the inclusion of all residents in Brooklyn Center's community life by emphasizing opportunities to include all residents in the community's activities and plans; and WHEREAS, the City Council recognizes that its cultural composition has changed significantly over the past decade, with its ethnic population one-third of its total population; and WHEREAS, Brooklyn Center is strengthened by the rich cultural diversity of its people, and welcomes individuals of all races, religions, and cultural backgrounds; and WHEREAS, each individual brings a part of his or her own heritage and over time each heritage becomes part of our common heritage, leading us to become a more united people; and WHEREAS, the City Council recognizes the vital contributions ethnic populations have made to the strength and diversity of our community and recognizes their rich legacy of ingenuity, perseverance, and achievement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the following heritage celebrations and all other heritage celebrations reflected in Brooklyn Center's population are recognized for the purpose of encouraging our citizens to learn more about the history of ethnic populations and how they have contributed to the culture and heritage of our community: February African American History Month March Irish-American Heritage Month March 25 Greek Independence Day Apri114 Pan American Day May Asian/Pacific American Heritage Month May 2-9, 2004 Jewish Heritage Week May 17 (Syttende Mai) Norwegian Celebration of Liberation June 6 Swedish National Day September 15-October 15 Hispanic Heritage Month October 6 German-American Day November American Indian Heritage Month RESOLUTION NO. Januarv 8, 2007 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. City Council Agenda Item No. 7g City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 2, 2007 TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Accepting Work Performed and Authorizing Final Payment, Improvement Project No. 2005-05, Contract 2005-G, Twin Lake Avenue Street, Storm Drainage and Utility Improvements On August 22, 2005 the City Council awarded Contract 2005-G to Arcon Construction Company, Inc. of Harris, Minnesota for the construction of the Twin Lake Avenue Street and Utility Improvement project. Arcon Construction has completed the constructian work and is now requesting final payment for the project. The original contract amount was $864,987.20. The total value of work certified for final payment is $795,397.58. There were no change orders for this project. The Contractor has submitted the necessary documents to allow final payment for the contract. Attached for consideration is a City Council resolution accepting the work performed and authorizing final payment for the total contract amount of $795,397.58 for Contract 2005-G, Twin Lake Avenue Street, Storm Drainage and Utility Improvements. �301 Shin le Creek Parkw g cxy Recreataon and Communzty Center Phone TDD Number Braoklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, IMPROVEMENT PROJECT NO. Z005-O5, CONTRACT 2005-G, TWIN LAKE AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS WHEREAS, pursuant to a written contract signed with the City of Brooklyn Center, Minnesota, Arcon Construction Company, Inc. of Harris, Minnesota has completed the following improvement in accordance with said contract: Improvement Project No. 2005-05, Contract 2005-G, Twin Lake Avenue Street, Storm Drainage and Utility Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. It is hereby directed that final payment be made on Contract 2005-G, Twin Lake Avenue Street, Storrn Drainage and Utility Improvements, taking the contractor's receipt in full. The total estimated amount to be paid for said improvements under said contract shall be $795,397.58. 2. The estimated construction costs and revenues are hereby amended as follows: COSTS As Awarded As Final Contract 864,987.20 795,397.58 Contingency Costs 86,498.72 74,394.14 Admin/LegaUEngr. 113,528.00 113,372.61 Total Est. Construction Cost $1,065,01392 983,164.33 REVENUES As Awarded As Final Street Assessment 37,977.51 37,977.51 Storm Drainage Assessment 12,996.80 12,996.80 Water Utility Fund 346,588.11 318,682.26 Storm Drainage Utility Fund 163,430.46 150,271.54 Street Construction Fund 504,021.04 463.236.22 Total Estimated Revenue $1,065,013.92 983,164.33 RESOLUTION NO. 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 followin voted a ainst the same: g g whereupon said resolution was declared duly passed and adopted. Cit Council Agenda Item No. 8 Y No Presentations are Sch.eduled for this City Council Meeting City Council Agenda Item No. 9 r No Public Hearings are Scheduled for this City Council Meeting City Council Agenda Itern No. l0a MEMO To: Curt Boganey, City Manager From: Ronald A. Warren, Planning and Zoning Spec' list _�f Subject: City Council Consideration Item Planning Commission Application No. 2006-013 Date: January 2, 2007 On the January 8, 2007 City Council Agenda is Planning Commission Application No. 2006- 013 submitted by Global Construction and Investment Co, Inc. requesting Site and Building Plan aprpoval for a two unit townhouse at 4821 Twin Lake Avenue North. Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2006-013 and also an area map showing the location of the property under consideration, various site and building plans for the proposed development, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents This matter was considered by the Planning Commission at their December 14, 2006 meeting and was recommended for approvaL It is recommended that the City Council, following consideration of this matter, approve the application subject to the conditions recommended by the Planning Commission. Application Filed on 11-30-06 City Council Action Should Be Taken By 1-29-07 (60 Days) Planning Commission Information Sheet Application No. 2006-013 Applicant: Global Construction and Investment Co, Inc. Location: 4821 Twin Lake Avenue Request: Site Building Plan Approval The applicant, Lori Athias on behalf of Global Con,struction and Investment Co, Inc., is seeking site and building plan approval to construct a two :unit townhouse-at 4821 Twin Lake Avenue North. The property in question is zoned R-4 (Multiple Family Residence) and contains an existing single family home and garage. It is located on the west side of Twin Lake Avenue, north of Lakebreeze Avenue, and lays between Twin Lake Avenue and Twin Lake. It is surrounded by other R-4 zoned property containing a nan-canforming single family home on the north; vacant property and a four unit apartment building to the east an the opposite side of Twin Lake Avenue; a six unit apartment building to the south; and Twin Lake on the west. The R-4 zone allows as a permitted use multiple family dwellings of 1%2 to 2 stories in height at a density requiring 3600 sq. ft. of land per dwelling unit. This district also allows R-3 uses (townhomes) as permitted uses provided they adhere to the R-3 district requirements. The R-3 district, among other things, requires 5,400 sq. ft. of land per dwelling unit. The applicant plans to clear the land of the existing single �amily home and garage and build a two unit, two story townhome with attached garages. Each unit would be 4,456 sq. ft. DENSITY The site in question is 76.24 ft. in width and approximately 145.4 ft. deep, for a total of 11,088 sq. ft. in area. At 5,400 sq. ft. of land per dwelling unit, this two unit townhome proposal would require 10,800 sq. ft. of land. The lot in question is of sufficient size to meet the density requirements of the R-3 use. Other requirements of the R-3 district pertinent to this proposal are a 35 ft. front yard setback; 10 ft. side yard setback; and 40 ft. rear yard setback. The lot width requirement is per SECtit�n 35-400, Subdivision 7"a function of the width of the townhouse uniY' and a minimum 10 ft. side yard setback must be mst. If the applicant were proposing a 1%z to 2 story apartment building, a three unit building would be allowed under the R-4 density. However, because the lot is not l Op ft. in width, this lot could not be used for an R-4 permitted use without adding additional land. It caxi be argued that only an R-3 use, such as being proposed, can be developed on this property given the existing circumstances. ACCESS/PARKING Access to the site is from Twin Lake Avenue through a 22 ft. wide curb cut with a concrete apron 12-14-06 Page 1 that will be installed with the development of the townhome. The driveway is located at the center of the property. The driveway, as it approaches the two double wide garages on the east end of the townhomes, expands to a total width of 39 ft. 8 in. This allows for two 18 ft. wide drives separated by a 3 ft. 8 in. wide planter/delineator area separating the two driveways. The off street parking requirement is two spaces per dwelling unit. Based on the plan, a total of at least four off street parking spaces will be provided per dwelling unit, two in the garage and two in the drive way. The plan calls for a bituminous driveway with a concrete apron in front of the garage door and, as mentioned before, a concrete apron will be prouided at the street cut. A driveway permit from the city's engineering department is required. GRADING/DRAINAGE/UTI�.ITIES The applicant has submitted a preliminary grading, drainage, utility and erosion control plan that is being reviewed by the Director of Public Works/City Engineer. His written evaluation and comments are submitted and attached for the Commission's consideration. There is a 10 ft. wide sanitary sewer easement shown in the front yard between the street right of way and the proposed building. The easement contains sanitary sewer main serving this area. Separate sewer services will be run to the dwelling units and will be tied into the main line below the delineator/planter area located between the two driveways:. Water will be connected to the water main within Twin Lake Avenue and will be split into separate services for the two units. The Public Works Director/City Engineer h,as concerns regarding the utility connections that will have to be made in the sanitary sewer easement and within the public right of way. The applicant will be required to excavate a trench for the new sewer and water services. There is some known contamination in the area from the old Joslyn pole yard which lies to the north of this site. Dewatering of ground water will in all likelihood have to take place with the trenching and connections of utilities. A release of hazardous substances is a possibility related to the dewatering. The ground water associated with the dewatering will have to be discharged into the sanitary sewer systern. The Director of Public Works is especially cognizant of the problems and potential concerns associated with this activity based upon the city's reconstruction of a water main in the Twin Lake Avenue right of way in the fall of 2005. Because of this, he required the developer to get a"no association determination" letter from the Minnesota Pollution Control Agency. He also wants assurances and a"no associate determination" for the city if the developer trenches within the city's utility easement and right of way. The applicant has provided, along with her application a letter from MPCA (attached), which the Director of Public Works/City Engineer is reviewing and will be providing additional comments and possible other conditions of approval. The developer will be responsible for costs associated with the dewatering and the discharge of groundwater into the sanitary sewer system. No curb and gutter, other than that at the street line where a concrete apron is to be installed, is required in this type of development. The driveway will be bituminous and the paved area will not exceed 50 percent of the front yard area pursuant to city nuisance ordinance. The plan shows the location of the 100 year flood elevation on the property which is 856 ft. for i Page 2 Twin Lake. According to the city's flood plain regulations, the finished floor elevation for all structures, including accessory structures, must be elevated on fill so that the lowest floor is at or above the regulatory floor protection elevation (one foot above the 100 year elevation). The plan shows the finishec� floor elevation for the dwelling units to be 857.b6 ft. Spot elevations in the garage show an elevation of 856.20 ft., less than one foot above the 100 year flood elevation. Further evaluation of this matter is in order, to provide compliance with the flood plain ordinance. NOTE: It has been brought to my attention by the Public Works Director that the actual width of the sanitary sewer easement in the front yard is 20 ft., not 10 ft. as indicated on the plan. This means that an encroachment will �xsst if the.plan submitted is p�rsued. The applicant's representative has been advised arid a plan revision must take place in arder to proceed with a positive recommendation for this application. LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. This 11,088 sq. ft. site requires 90 landscape points. The plan calls for the removal for existing Cottonwood trees and new landscaping that will amount to 941andscape points. Four shade trees including two Northern Pin Oak and two �Northwood Maple are planned for the front yard area along with two Black Hills Spruce. Two other Black Hills Spruce are shown in the rear yard. Five Pink Spire Crabapple are located in the side yards, two on the north and three on the south. Ten Pyramidal Arborvitae are located along the north property line in the middle of the site. Eighteen foundation shrubs including Compact American Viburnum and Dwarf Winged Euonymus are planned for the north, west and south sides of the dwelling units. Five Karl Forester Feathergrass will be planted in the planter/delineator area in the front between the garages. Sod is proposed around the entire site except for the shore line area. Concrete walkways lead from the front doorways on the north and south sides of the garages to the driveway. BUIIIDING The applicant has provided building elevations and floor plans for the proposed townhome. The exterior will be primarily prefinished fiber cement straight edge shake siding or prefinished vinyl straight edge shake siding with comparable fascia and soffit. A concrete patio and step is provided for each unit, one located at the southwest corner of the building and the other at the northwest corner of the building: TRASH/LIGHTING No central outside trash area is proposed or expected. Trash will be stored and subject to the requirements for one and two family residences. The same is true for outside lighting, which we assume, will be the same as one and two family dwellings mainly lights over entrance/exit doors and garage area. Page 3 If the applicant plans to rent these units, a rental dwelling license from the city will be required. If the units are proposed to be sold separately, the applicant will have to either replat the property or file a condominium declaxation with Hennepin County under the Minnesota Condominium Act. The proposed use is a permitted use requiring site and building plan approval only. No public hearing is required, therefare, no notices of the Planning Commission's consideration have been sent. RECOMMENDATION The plans must be modified to eliminate the proposed encroachme�t into the 20 ft. sanitary sewer easement in order for this plan to be recommended for approval. If this point is addressed, approval would be recommended subject to at least the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes priar to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. All conditions listed in the Public Works Director's memo of December 11, 2006 must be complied with. 3. A site performance agreement and supporting financial guaxantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines to the City Engineer prior to the release of the performance guarantee. 5. The property owner shall enter into an easement and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the city engineering department. 7. All worl� perfonned and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The application shall provide the city with a"no association determination" letter from Minnesota PCA prior to trenching for utilities and dewatering in the sanitary sewer easement area or the Twin Lake Avenue right of way area. Page 4 9. The a licant shall com 1 with Section 35-2150 Subdivision 2 of the ci 's flood pP P Y tY plain ordinance with respect to the finished floor elevations for the dwelling units and garages. 10. The applicant is responsible for obtaining a driveway permit from the city's engineering department prior to establishing the new driveway to serve the site. 11. The owner of the property shall obtain a rental dwelling license prior to the renting or leasing of dwelling units in the project if the town home units are to be rented. 12. The owner of the property shall replat the property or file a condominium declaration under the Minnesota Condominium Act if the units are to be sold separately. Page 5 City of Brooklyn Center A Millennium Community MEMORANDUM DATE: December 11, 2006 TO: Ron Warren, Planning and Zoning Specialist FROM: Todd Blomstrom, Director of Public Works '�I SUBJECT: Preliminary Site Plan Review Planning Commission Applications 2006-013 4821 Twin Lake Avenue North Public Works Department staff reviewed the following preliminary documents submitted far review under Planning Commission Application 2006-013 for the Global Construction parcel located at 4821 Twin Lake Avenue North. Sheet A001: Grading and Utility Plan, dated November 30, 2006 Drawing No. 060628: Site Survey, dated July 12, 2006 The applicant is proposing to remove an existing residential structure and detached garage to construct a twin home on land described as that part of Lot 4, Block 5, Lakebreeze Addition lying north of the south 8 feet thereof and the south half of Lot 5, Block 5, Lakebreeze Addition. Public Works staff recommends that the following conditions are included in the approval of the subject application. 1, Existing Utility Easement Boundary A utility easement extends across the proposed development site. City records indicate that this easement (Document No. 3290059) was recorded with the Hennepin County Register of Deeds on May 23, 1961. The legal description encompasses a substantially larger area than the easement currently shown on the applicant's materials. T'he utility easement is necessary to operate, maintain and repair the existing sanitary sewer extending across the parcel. The proposed building footprint would encroach into the utility easement boundary. A. The utility easement shall be drawn on the survey drawing and certified by a Licensed Land Surveyor. The easement drawing shall then be referenced into the site plans. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityo fbrooklyncenter.org B. The site design shall be modified to eliminate building encroachments into the existing easement. If the utility easement extends more than 10 feet west of the sanitary sewer alignment, staff would be open to negotiating the vacation of a portion of the easement (beyond 10 feet west of alignment) in exchange for dedication of additional easement that would result in a minimum of 15 feet of utility easement to the east of the sanitary sewer alignment. C. The applicant shall provide evidence that the existing or final easement configuration will appear in the title work for the property. The applicant's surveyor indicated that the existing easement did not appear in the currant title commitment for the property. 2. Water Supply and Sanitary Sewer Services The applicant is proposing to extend two new water services and two new sewer services into the site to service each unit separately. The existing 8-inch diameter HDPE water main within Twin Lake Avenue has sufficient capacity to serve the proposed building structure. The existing S-inch diameter CIP sanitary sewer crossing the site also has sufficient capacity to serve the proposed land use. The City of Brooklyn Center encountered two significant environmental issues during the reconstruction of the water main within Twin Lake Avenue in 2005. First, the Minnesota Pollution Control Agency (MPCA) had concerns with potential contamination .of the soil material and ground water within the northern potion of the public right-of-way for Twin Lake Avenue. Installation of the new water services will require excavation within the public right-of-way for Twin Lake Avenue. Second, the MPCA was concerned with potential migration of contaminated groundwater off of the Joslyn Manufacturing Site due to groundwater dewatering that would be necessary to conduct underground utility work. Based on previous staff recommendations, the applicant informed the MPCA of the proposed utility service extensions and building construction. The MPCA has issued a No Association Determination to the applicant for the project subject to five conditions outlined in the attached letter from the MPCA. The following additional conditions shall apply. A. A copy of the No Association Determination letter has been forwarded to the City Attorney to determine if the City needs to receive No Association Determination coverage in addition to the applicant. If the City Attorney determines that City coverage is necessary, a building permit for the subject site will not be issued until the City receives coverage from the MPCA. B. The MPCA is requiring that all groundwater dewatering be discharged into the sanitary sewer and not released into the storm drainage system or adjacent surface waters. The applicant's contractor will be required to use point wells for dewatering work. Trash pumps will not be allowed. C. The ap licant's contractor will be required to assemble an acceptable volumetric P Page 2 of 4 metering system for all dewatering work. The water meter shall meet all requirements of AWWA Standards C700-750. The metering system shall be inspected and meet the approval of the Supervisor of Public Utilities prior to initiating any underground utility work within the public right-of-way. D. The groundwater dewatering pumping rate into the sanitary sewer shall not exceed 200 gallons per minute under any circumstances. The Supervisor of Public Utilities reserves the unconditional right to suspend groundwater pumping into the sanitary sewer based on downstream capacity issues, the quality of groundwater being discharged into the system, the inability to accurately meter the flow or any other reasonable issues that may result from the pumping of groundwater into the sanitary sewer system. E. The applicant shall receive approval from the Metropolitan Council Environmental Services (MCES) division to allow potentially contaminated groundwater discharge into the sanitary sewer system. Evidence of approval from MCES shall be provided to the City prior to issuance of a building permit. F. The applicant will be billed at a rate of $2.44 per 1,000 gallons of groundwater dewatering flow that is discharged into the sanitary sewer system. The applicant shall provide a cash deposit in the amount of $700 prior to issuance of a building permit. Any excess deposit amount remaining upon completion of the work will be refunded back to the applicant. G. The Utility Plan shall be amended to show separate sewer services extending from the building and connecting onto the sanitary sewer main with separate service wye fittings and City standard tracer wire assemblies. The Supervisor of Public Utilities may establish specific requirements for connection methods to the sanitary sewer based on field conditions encountered during construction. H. 'The Utility Plan shall be amended to show greater detail for the separate water service connections to the water main within Twin Lake Avenue. The water services shall be meet all City standard specifications for water service pipe, corporations, curb stops and other miscellaneous requirements. Connections to the HDPE water main shall include a stainless steel saddle assembly acceptable to the Supervisor of Public Utilities. I. Prior to patching the utility cut within the public street, the applicant shall provide density testing of the subgrade by a certified testing company. The street patch shall consist of a minimum of 8-inches of class 5 aggregate and two (2} lifts of 2-inches each of Type LV bituminous pavement complying with MnDOT Specifications 2350. J. Prior to demolirion of the existing structure, water and sewer services shall be disconnected from the water distribution and wastewater collection systems in accordance with the Standard Specifications for Water and Sewer Disconnects. Page 3 of 4 3. Grading, Drainage and Street Access The proposed site grading will provide for overland drainage directed toward the street and toward the rear yard. Grading is not proposed within the 100-year High Water Level or within the Ordinary High Water Level for Twin Lake. The grading plan provides a layout for erosion control measures for the site. A. The applicant shall provide for the installation of silt fence prior to the start of any excavation within the site. The plan shall be amended to install silt fence along the entire street frontage o€ the property. The applicant shall maintain silt fence along the perimeter of the site at all times throughout the construction process until sod is fully established over disturbed areas. B. The applicant shall obtain approval of a Land Disturbing Permit in accordance with City Ordinance Section 35-235. C. A temporary rock construction entrance shall be install�d and maintained at the entrance to the site to minimize sediment tracked onto public streets. The rock construction entrance shall be maintained in a clean and functional condition until permanent driveway pavement is installed for the site. of the D. Final grades along side yard areas shall direct drainage to the front or rear lot and prevent discharge of runoff onto adjacent properties. The above comments are provided based on the information submitted by the applicant at the time of this review. Subsequent approval of the final site plans may require additional modifications based on engineering requirements associated with final design of the water supply, storm drainage, sanitary sewer, final grading and geometric design as established by the City Engineer and other public officials having jurisdiction over approval of the final site plans. Page 4 of 4 I__ Minnesota Pollution o C ntrol A enc .y g y 520 Lafa ette Road North St. Paul MN 551 Y 55-4194 651 296-6300 800-657-3864 651-282-5332 TTY www.pca.sWte.mn.us November 27, 2Q06 Ms. Lois Athias Global Construction Investment Co., Inc. 4521 Orchard Ave. N. Robbinsdale, MN 55422 RE: Twin Lake Townhomes 4821 Twin Lake Avenue N., Brooklyn Center MPCA Project Number 32VP22680 No Association Determination Dear Ms.Athias: This letter is in response to the request from you, representing Global Construction Investment Co., Inc. for a determination under Minn. Stat. 115B.178 that certain actions proposed to be taken by Global Construction Investment Co., Inc. at the address referenced above (the Site), will not constitute conduct associating Global Construction Investment Co., Inc. with the threatened release of hazardous substances, pollutants, or contaminants at the Site for the purpose of Minn. Stat 115B.03, subd. 3(4) (2006). The Minnesota Pollution Control Agency (MPCA) staff in the Voluntary Investigation and Cleanup (VIC) Unit has reviewed the documents submitted for the Site. Global Construction Investment Co., Inc. proposes to build a two story, wood framed town home on the Site. As part of this redevelopment, Global Construction Investment Co., Inc. needs to excavate a trench for new water and sewer service from main lines in Twin Lakes Avenue to the new structure. Excavation and installation is estimated to take approximately one day to complete. Dewatering into the. sanitary sewer may occur if groundwater is present�Provided any appropriate permits aze ohtained. If necessary, dewatering would occur, at a rate of approximately 500 gallons per minute with a duration of no more than two days. Prior to approval of the construction permit, the City of Brooklyn Center requested Global Construction Investment Co., Inc to obtain a No Association Letter for a potential release of contamination from the Joslyn Superfund Site. The identified release at the Joslyn Superfund Site consists of pentachlorophenol, carcinogenic and non-cazcinogenic polynuclear aromatic hydrocarbons, dioxins, and furans in soil and ground water. For the purpose of this No Association Determination, the threatened release at the Site consist of the sa.me chemicals listed above (Threatened Release) The MPCA staff has determined, based on the past modeling a.nd monitoring completed during the city of Brooklyn Center's reconstruction af the water main in Twin Lakes Avenue during the fall of 2005, that the potential St. Paul 8rainerd Detroit Lakes Duluth Mankato Marshall Rochester Wiilmar Printed on 100% post-consumer recycled paper Ms. Lois Athias Page 2 for moving the Threatened Release ��utside its capture zone, during the short time frame of this construction project, is very unlikelv. Based upon a review of information provided to the MPCA VIC Program, and subject to the conditions set forth in the letter from Lori Athias to the MPCA dated November 6, 2006 (the Letter), a determination is hereby m�ide pursuant to Minn. Stat. 115B.178, subd. 1 that the Proposed Actions �listed below will iiot associate� Global Construction Investment Co., Inc. with the Threatened Release for the purpose of Minn. Stat. 115B.03, subd. 3(4) (2006). This determination applies only to the following Proposed Actions: Demolition of existing structures; Removal of several existing trees; Excavation of a trench for new water and sewer service from main lines in street to the new structure; Excavation for new building foundation; Construction of a two-story, �NOOd &amed twin home; Construction of a new bituminous driveway and concrete apron at the street; and Placement of new landscaping including new sod, trees and shrubs. This determination is made in accordance with Minn. Stat. 115B.178, subd. l, and is subject to the following conditions: 1. The Proposed Actions shall be carried out as described in the Letter; 2. G1obal Construction Investmer►t Co., Inc. shall cooperate with the MPCA, its employees, contractors, and others acting at tlie MPCA's direction, in the event that the MPCA takes, or directs others to take, response actions at the Site to address the Identified Release or. Threatened Release including, bu�t not limited to, granting accGss to�th�e Site so that response actions ca.n be taken; 3. Global Construction Investment Co,, Inc. shall avoid actions that contribute to the Identified Release or that interfere; with response actians required under any MPCA-approved response action plan to address th�s Threatened Release; 4• In the event that any suspected ha:.ardous substances are encountered during Site activities (i.e., demolition, grading, redevelc�pment, etc.), Global Construction Tnvestment Co., Inc. shall notify the MPCA project stal:f immediately in order to determine appropriate handling, sampling, analysis, and disposal o.f such wastes; and Ms. Lois Athias Page 3 November 27, 2006 5 If groundwater is encountered, it shall be discharged to the sanitary sewer and not the storm water system. This letter shall not be construed to be permission to discharge to the sanitary sewer, or to take the place of or be in lieu of any other permit or approval needed from the Metropolitan Councils Environmental Services (MCES) or MPCA for this discharge. Pursuant to Minn. Stat. 115B.178, subd.l, when Global Constructio� Investment Co., Inc. takes the Proposed Actions in accordance with the determinations in this letter, subject to the conditions stated herein, the Proposed Actions will not associate Global Construction Investment Co., Inc. with the Threatened Release for the purpose of Minn. Stat. 115B.03, subd. 3(4) (2006). The determination made in this letter applies to Global Construction Investment Co., Inc.'s successors and assigns if the successors and assigns: 1) are not otherwise responsible for the Identified Release at the Site; 2) do not engage in activities with respect to tlie Threatened Release which are substantially different from the activities which Global Constnzction Investment Co., Inc. proposes to take, as described in the Letter; and 3) comply with the conditions set forth in this letter. Please be advised that the determination made in this letter is subject to the disclaimers found in Attachment A and is contingent on compliance with the terms and conditions set forth herein. If you have any questions about the contents of this letter, please contact Gerald Stahnke, Project Manager at 612-297-1459 or John Betcher, Hydrogeologist at 651-296-7821. Sincerely, Barbara Jac;lC�csn Supervisor Voluntary Investigation and Cleanup Unit Superfund Section Remediation Division B7/ais Enclosure(s) cc: Todd Fryzek, Brooklyn Center Dave 7aeger, Hennepin County ATTACHMENT A DISCLAIMERS Twin Lakes Town Homes 4821 Twin Lake Avenue N., Brooklyn Center MPCA Project Number 32VP22680 1. Reservation of Authorities The MPCA Commissioner reserves the authority to take any appropriate actions with respect to any release, threatened relea.se, or other conditions at the Site. The MPCA Commissioner also reserves the authority to ta.ke such actions if the voluntary party does not proceed in the manner described in this letter or if actions taken or omitted by the voluntary party with respect to the Site contribute to any release or threatened release, or create an imminent and substantial danger to public health and welfare. 2. No MPCA Assumption of Liability The MPCA, its Commissioner and staff do not assume any liability for any release, threatened release or other conditions at the Site or for any actions taken or omitted by the voluntary party with regard to the release, threatened release, or other conditions at the Site, whether the actions taken or omitted are in accordance with this letter or otherwise. 3. Letter Based on Current Information All statements, conclusions and representations in this letter are based upon information known to the MPCA Commissioner and staff at the time this letter was issued. The MPCA Commissioner and staff reserve the authority to rnodify or rescind any such statement, conclusion or representation and to take any appropriate action under his authority if the MPCA Commissioner or staff acquires information after issuance of this letter that provides a basis for such modification or action. 4. Disclaimer Regarding Use or Development of the Property The MPCA, its Commissioner and staff do not warrant that the Site is suitable or appropriate for any particular use. 5. Disclaimer Regarding Investigative or Response Action at the Property Nothing in this letter is intended to authorize any response action under Muui. Stat. 115B.17, subd. 12. 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PIAN l:lNtWIL NOIlS I LANO5CAf'F PUN ..a�/ n wu ..m��. a..__ m -�E� a.� ..o, �t �jw 14 2006 c.� �g 0tfi1`QR�ROOKLYNCEW' R��� a...o...... r �.e...�... ��-�l��L�1��1=� i� .�.4'�4 `I_ �t�l�-.�. e°...... id .w ����of' o....� ",��..°.r os.�o.o� u.i'y�,• .4!�! i occ �oos /..\NOI�USlo SHHlk31'LANiING�D�IAiL ',�ffFEE PLANf:NG Ut7AU. '�SECIiON BUULUEH WALI. 1'IO9 \J'u w uu \J w s�xc i o t! 1 ...M............. �tl IWlltll'_I'OWtlALCU1VSTRUCTiON ADVANCE SURVEY/NG ENGINEERING CO. S7W S. Hwy. Na. IUI MimemNU, MN 55305 Phaa (45?) 07{-7WM Fu �957)174tl267 suxvev rox: GLOBAL CONSTRUC790N SUHVEYEU: luly. 21Mq DMFfEO: luly 12. �IMI6 REVISED: fkmndm� 12. 2tM16 w uAJ ewenem pn hc. nu. 3786377 LEGALUESCAIPfI()N� 77w p�n nf Lul I lyinp N�nh ul tl�e SuuW tl leei Wertuf AND Uc S�wN lull'ul I.ui y. g4.�4 5. Heiu¢pin Nunry. Minrcsuu. LUIRATIUNS B Nl7TES: I. 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I I I I M:rel�y ccnil'y Ww INc plan, apuilica�iun, ryron �r survey was {uepur� by n�e or under my diiecl xupyvicion and Ilui I am a licensed Vmfusiunal Enginm and f Prolurion�l Sw.cyor unOcr �pc luws d Ihe S�am uf Minnaui�a. B I� i I I R ��,�JR...... um H. Yarka Y.tl. P.S. No. 9235 I 1 I ,,1, I I 13'. ��c I DG N B9Vi'27' W 3 --154 y� y� C T i i r I F �v� 1 eaw6.wo�� pd i Y 1��.,;.. y 1 L i i t 1' I 1 b -ti.a �r. s r W i ti�' l s 11 ddF N ��'r m l� 19 JYC� WG 1 rm�I10Yt 1 '1��a --„9.x-- a L 5 8802'20' E 4� r I I u I l I i t l I W RECEP IED I M Y l V/ f Y T 1 I 1 I I. DEC 1� 2006 GRAPHiC SCALE m o �o m w CIiY Of BROOKI YN CEWTER p Iiii D�G. NO. 060628 MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION DECEMBER 14, 2006 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:15 p.m. ROLL CALL Chair Tim Willson, Commissioners Grady Boeck, Gary Ford, and Michael Parks were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, Planning Commission Recording Secretary Rebecca Crass and Director of Public Works/City Engineer, Todd Blomstrom. Rachel Lund, Sean Rahn and Tim Roche were absent and excused. APPROVAL OF MINUTES OCTOBER 26. 2006 There was a motion by Commissioner Boeck, seconded by Commissioner Parks, to approve the minutes of the October 26, 2006 meeting as submitted. The motion passed. CHAIR' S EXPLANATION Chair Willson explained the Planning Commission's role as an advisory body. One of the ommi i C ss on s functions is to hold ublic hearin s. In the matters concerned in these hearin s p g g� the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2006-013 GLOBAL CONSTRUCTI4N AND INVESTMENT CO, INC. Chair Willson introduced Application No. 2006-013, a request for site and building plan approval to construct a two unit townhouse at 4821 Twin Lake Avenue North. The property is zoned R-4 (Multiple Family Residence) and allows as a permitted use R-3 uses (townhomes) provided they adhere to the R-3 district requirements. Mr. Warren resented the staff re ort describin the location of the ro ert and the ro osal. P p g P P Y P P. (See Planning Commission Information Sheet dated 12-14-06 and the City Engineer/Public Works Director's report dated 12-11-06, for Application No. 2006-013, attached.) Mr. Warren stated that the original plan was submitted with an encroachment into the easement on the property. He explained that the City has suggested that the building be reconfigured and a portion of the easement be vacated. A new easement would be defined and would create a new 25 ft. wide easement, which would protect the existing sanitary sewer line. Mr. Warren pointed out that changes were made to the grading, drainage and utility plan and a modified plan has been submitted by the applicant showing the house moved further back on the property. 12-14-06 Page 1 Commissioner Parks asked for further clarification regarding the "no determination association" process mentioned in the City Engineer's letter. Mr. Todd Blomstrom, City Engineer, explained that it is a tool used by the EPA after they have reviewed a project to limit the city's liability for clean up on a property that the city is not responsible for the original contamination of. Commissioner Boeck inquired of the City Engineer if the wells are still operating along Hwy 100 and pumping material from the ground water off the Joslyn site. Mr. Blomstrom explained that pumping continues around the Joslyn site since they are still finding contaminants in the area. They are working to keep them from seeping into Twin Lake. He further explained the process involved when dewatering and how the water is discharged off the site. The applicant was invited to the podium by the Commission. Ms. Lori Athias introduced herself and the contractor, both with Global Construction. Chair Willson asked if they have any issues with anything discussed. Ms. Athias stated only that she spoke with the MPCA and they were surprised with what they will have to go through with this project regarding dewatering and the "no determination association" letter. Commissioner Ford stated that this process would clear everyone of liability. Mr. Blomstrom responded that most likely the MPCA would not place any liability on the city or the applicant in view of the situation with the Joslyn site. Commissioner Boeck inquired about the setback from the lake. Mr. Warren responded that the City does not have a shoreline management ordinance and, therefore, the DNR is not involved with such issues, rather the rear yard setback is what's followed. Commissioner Boeck requested that the setback from the lake be reviewed with the DNR. The Chair called for further discussion or questions from the Commissioners. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2006-012 GLOBAL CONSTRUCTION AND INVESTMENT CO, INC. There was a motion by Commissioner Ford, seconded by Commissioner Parks, to recommend to the City Council that it approve Application No. 2006-013 submitted by Global Construction and Investment Co, Inc. for Site and Building Plan approval subject to the following conditions: 1. The building plans are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Grading, drainage, utility and erosion control plans are subject to review and approval by the City Engineer prior to the issuance of permits. All conditions listed in the Public Works Director's memo of December 11, 2006 must be complied with. 3. A site performance agreement and supporting financial guarantee in an amount to be determined based on cost estimates shall be submitted prior to the issuance of 12-14-06 Page 2 building permits to assure the completion of site improvements. 4. The applicant shall submit an as built survey of the property, improvements and utility service lines to the City Engineer prior to the release of the performance guarantee. 5. The property owner shall enter into an easerrient and agreement for maintenance and inspection of utility and storm drainage systems prior to the issuance of building permits. 6. The applicant shall provide appropriate erosion and sediment control devices on site during construction as approved by the city engineering department. 7. All work performed and materials used for the construction of utilities and curb and gutter shall conform to the City of Brooklyn Center's current standard specifications and details. 8. The application shall provide the city with a"no association determination" letter from Minnesota PCA prior to trenching for utilities and dewatering in the sanitary sewer easement area or the Twin Lake Avenue right of way area. 9. The applicant shall comply with Section 35-2150, Subdivision 2 of the city's flood plain ordinance with respect to the finished floor elevations for the dwelling units and garages. 10. The applicant is responsible for obtaining a driveway permit from the city's engineering department prior to establishing the new driveway to serve the site. 11. The owner of the property shall obtain a rental dwelling license prior to the renting or leasing of dwelling units in the project if the town home units are to be rented. 12. The owner of the property shall replat the property or file a condominium declaration under the Minnesota Condominium Act if the units are to be sold separately. 13. The owner of the property shall apply for and be granted a vacation of the existing utility easement over the easterly portion of the subject property. A new 25 ft. wide utility easement as approved by the City Engineer shall be dedicated to the City to protect the existing sanitary sewer line. These actions shall be accomplished prior to the issuance of building permits for this project. Voting in favor: Chair Willson, Commissioners, Boeck, Ford, and Parks. The motion passed unanimously. 12-14-06 Page 3 The Council will consider the application at its January 8, 2007 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Coinmission for reconsideration. OTHER BUSINESS PLANNING COMMISSION REAPPOINTMENTS There was discussion regarding the Commission members' appointments that will expire on December 31, 2006. Chair Tim Willson, who has been elected Mayor, will be leaving the Planning Commission. Appointments to Commissioner Grady Boeck, Gary Ford and Sean Rahn will end on December 31, 2006 and Mr. Warren will convey their interest in continuing to serve on the Planning Cominission to �he City Council. 2006 PLANNING COMMISSION MEETING SCHEDULE Mr. Warren discussed the proposed 2006 Planning Commission meeting schedule with the Commission and pointed out some dates that might be changed due to conflicts. He added that he would keep the Commission informed of any changes to the meeting schedule. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Ford, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:16 p.m. Chair Recorded and transcribed by: Rebecca Crass 12-14-06 Page 4 i City Council Agenda Item No. lla Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGI�IITION AND APPRECIATION OF MYRNA KRAGNESS FOR TWELVE YEARS OF DEDICATED PUBLIC SERVICE AS MAYOR WHEREAS, Myrna Kragness served as Mayor for twelve years from January 1,1995, through December 31, 2006; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Myma Kragness is hereby recognized and appreciated by the City d lastin ex ression of atitude for the Brookl Center and this resolution serves as a visible an gr' of g P Yn leadership and service she has rendered and the benefits she has secured to the citizens of the City of Brooklyn Center. Januarv 8. 2007 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 thereo£ and the following voted against the same: whereupon said resolution was declared duly passed and adopted. City Council Agenda Item No. llb Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOG1vITION AND APPRECIATION OF KATHLEEN CARMODY FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Kathleen Carmody served as a member of the Brooklyn Center City Council from January 1, 2003, through December 31, 2006; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Kathleen Carmody is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered and the benefits she has secured to the citizens of the City of Brooklyn Center. Januarv 8, 2007 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. City Council Agenda Item No. llc Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGIVITION AND APPRECIATION OF DIANE I�TIESEN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER WHEREAS, Diane Niesen served as a member of the Brooklyn Center City Council from January 1, 2003, through December 31, 2006; and WHEREAS, her service to the City and her consistent leadership have contributed substantially to the sound progress and development of the city; and WHEREAS, her public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, it is highly appropriate that her services and achievements for the betterment of the city be permanently recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Diane Niesen is hereby recognized and appreciated by the City of Brooklyn Center, and this resolution serves as a visible and lasting expression of gratitude for the leadership and service she has rendered and the benefits she has secured to the citizens of the City of Brooklyn Center. Januarv 8, 2007 Date Mayar 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. City Council Agenda Item No. lld i �����f Office of the City Clerk BRn4KLYN CENTER MEMORANDUM TO: Curt Boganey, City Manager I FROM: Sharon Knutson, City Clerk DATE: January 2, 2007 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions The attached resolution recognizes the public service of citizens who have voluntarily served on the City advisory commissions and have either resigned as commission members during 2006 or terms expired. Certificates of Appreciation will be presented to each person attending the meeting. Attachment Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGrIITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS WHEREAS, several citizens have voluntarily served on City Commissions; and WHEREAS, their public service and civic effort for the betterment of the community merit the gratitude of the citizens of Brooklyn Center; and WHEREAS, their leadership and expertise have been greatly appreciated by the Brooklyn Center Commissions; and WHEREAS, it is highly appropriate that each member's service to the community should be recognized and expressed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the dedicated public service of: Robert Anderson, Financial Commission 02/28/OS-OS/12/06 Graydon Boeck, Watershed Commissions 12/13/99-01/31/06 Audrey Harris-Blount, Northwest Hennepin Human Services Council Adviso Commission 03/22/04-07/06/06 rY David J ohnson Housin Commission O1/27/03-01/09/06 g Stan Leino, Housing Commission O1/27/03-02/20/06 Amy Luesebrink, Watershed Commissions O1/27/03-01/31/06 Robert Paulson, Financial Commission 02/28/OS-04/19/06 Tim Willson, Planning Commission 02/22/93-12/31/06 Mark Yelich, Housing Commission 10/28/96-12/31/06 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepare individual certificates of a reciation for each commission member. PP Januarv 8. 2007 Date Mayor ATTEST: City Clerk he ore oin resolution was dul seconded b member The motion for the ado tion of t f y P g g Y 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 Council Agenda Item No. lle of the Ci Clerk c,� ur Office t3' y BRf)OKL3'N CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Shaxon Knutson, City Clerk DATE: January 2, 2007 SUBJECT: Select Presidin Officers Ma or Pro Tem and Acting Mayor Pro Tem g Y Section 2.06 of the City Charter requires the Council to choose from its members a Mayor/President Pro Tem who shall hold office at the pleasure of the Council and shall serve as Mayor/President in the Mayor s absence and as Mayor in case of the Mayor's disability or absence from the City. City Council Resolution No. 92-262, Establishing and Designating an Acting President Pro Tem of the City Council, states the most senior Council member shall preside in the absence of both the Mayor and Mayor Pro Tem, and that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. Following is a list of Council members by seniority and the votes cast per member in the most recent election. Ka Lasman elected November 5 1996 Y Mary O'Connor (elected November 2, 2004) Dan Ryan (elected November 7, 2006, with 4,753 votes) Mark Yelich (elected November 7, 2006, with 3,743 votes) For 2007, Mayor Willson has indicated that he would ask fo'r Council approval of his nomination of Kay Lasman as Mayor/President Pro Tem. Mary O'Connor would serve as Acting Mayor/President Pro Tem. Attachments: City Charter Section 2.06 City Council Resolution No. 92-262 b. A uniform list of initial questions to be asked of all applicants shall be made available to the public and the applicants in advance of interviews. To the extent reasonably practicable, questions asked of all applicants at the interviews shall be uniform. 4. Selection Process. Upon completion of the interview process, the Council may call for a vote to appoint an applicant. Each Council member may cast only one vote for a preferred applicant on each called-for vote to appoint. No vote, which does not result in a majority vote for one candidate, shall result in elimination from consideration of any candidate. Written ballots listing the applicant(s) shall be used. Each Council member's vote shall be recorded. A simple majority of the Council votes shall appoint that applicant to the City Council. 5. If the Council pursues the appointment process but then fails to fill a vacancy within forty-five (45) days from the occurrence of the vacancy, the City Clerk shall call a special election to fill the vacancy. The special election will be held not sooner than one hundred five (105) days and not later than one hundred thirty-five (135) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Section 4.03, Special Elections. If more than two candidates file for the unexpired term, a primary election shall be held. 6. The City shall comply with the Minnesota Data Practices Act in all respects in the collection, management, and dissemination of data on applicants for City Council vacancies. Section 2.06. THE MAYOR. The Mayor shall be the presiding officer of the Council, except that the Council shall choose from its members a president pro tem who shall hold office at the pleasure of the Council and shall serve as president in the Mayor's absence and as Mayor in case of the Mayor's disability or absence from the City. The Mayor shall have a vote as a member of the Council and shall exercise all powers and perform all duties conferred and imposed upon the Mayor by this charter, the ordinances of the City, and the laws of the State. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. The Mayor shall study the operations of the. City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. In time of public danger or emergency the Mayor may, with the consent of the Council, take command of the police, maintain order and enforce the law. Section 2.07. SALARIES. The Mayor and the members of the Council shall receive payment as set by ordinance. No change in salary shall take effect until the January 1 following the next succeeding general municipal election. The City Manager and all the subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by the CounciL City of Brooklyn Center -4- City Charter Last revised 10/20/2004 Member Dave Roseneintroduced the following resolution and moved its adoption: D RESOLUTION NO. 92-262 RESOLUTION ESTABLISHING AND DESIGNATING AN ACTING PRESIDENT PRO TEM OF THE CITY COUNCIL WHEREAS, Section 2.06 of the Brooklyn Center City Charter designates the Mayor as presiding officer of the City Council and a president pro tem who serves as president in the Mayor's absence; and WHEREAS, the presence of three City Council members at a City Council meeting constitutes a quorum; and WHEREAS, it is possible that both the Mayor and the president pro tem may be absent from such a meeting, consequently leaving no designated presider of the meeting; and WHEREAS, the City Council desires to provide for an acting president pro tem who shall serve in the absence of the Mayor and president pro tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the most senior Councilmember shall preside in the absence of both the Mayor and Mayor pro tem. BE IT FURTHER RESOLVED that in the event two or more members have equal seniority, then that member shall preside who received the most votes in their most recent election. November 23 1992 j�� Date Todd Pa`ulson, Mayor ATTEST:��� r� Deputy CYerk The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen and upon vote being taken thereon, the following voted in favor thereof: Todd Paulson, Celia Scott, Jerry Pedlar, Dave Rosene, and Philip Cohen; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Ci Council Agenda Item No. llf M f Office of the City Manager BRUOKLYN C�'N7'ER MEMORANDUM TO: Mayar Willson and Councilmembers Lasman, O'Connor, Ryan, and Yelich FROM: Curt Boganey, City Manager DATE: January 2, 2007 SUBJECT: Resolution Declaring Commitment to the Brooklyn Center City Charter Attached is the annual resolution of commitment to the City Charter. Attachment i Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER WHEREAS, Brooklyn Center voters in 1966 adopted a City Charter creating a CounciUManager form of government; and WHEREAS, said Charter provides that the City Council shall determine all matters of policy, and the City Manager shall be the head of the administrative branch of the City Government; and WHEREAS, the Charter provides that there be no separate administrative boards or commissions other than advisory boards or commissions; and WHEREAS, numerous advisory commissions have served the City since adoption of the Charter; and WHEREAS, the Charter provides that the City Manager shall control and direct all departments and divisions of the City and shall have the right to take part in Council discussion and shall recommend such measures as deemed necessary; and WHEREAS, the Charter prohibits Council members from dictating the appointment of any person to office or employment by the City Manager except as provided in Cha ter 6 of this Charter; and P WHEREAS, the Charter requires the Council to deal with and control the e service sole� throu the Cit Mana er and rohibits any Council m ember from administrativ gh y g P Y ivin orders to an subordinate of the City Manager, either publicly or privately; and g g Y WHEREAS, the City Manager is charged by the Charter to see that the City Charter and the laws and resolutions of the City are enforced; and WHEREAS, the Council as a whole also has an obligation to ensure that its business is conducted pursuant to the City Charter and the norms of acceptable and courteous business behavior; and WHEREAS, Council members must depend upon the City Manager and staff to provide them with a great amount of background information, data, and expertise to aid in deliberating issues, developing policy, and administering the Council's responsibilities; and WHEREAS, the effectiveness of the services provided by the staff is in large part i determined by a relationship of trust and mutual respect between the staff and the City CounciL RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the City CounciL• 1. To rededicate itself to the spirit and letter of the City Charter and to commit itself to ensuring compliance by the City Council collectively and individually with that spirit and letter of the City Charter. 2. To rededicate itself to the checks and balances of the City Charter that keep City government accountable. 3. To pledge that in its dealings with citizens and City staff, that the City Council will treat such citizens and staff with respect and courtesy. The Council shall deal with staff in accordance with the City Charter through the City Manager. 4. To discharge its responsibilities as intended and established by federal, state, and local laws and the City Charter, and to do so in a fair and impartial manner for the good of the whole City and without regard for personal gain orinterests. 5. To direct the City Manager to place this resolution for re-adoption on the agenda for the first meeting of the City Council each January hereafter, as information and reminder of CounciUManager responsibilities. Januarv 2007 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. City Council Agenda Item No. llg I Office of the Cit Clerk c;ty �f y BROOKLYN C��!'TER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 2, 2007 SUBJECT: Mayoral Reappointments to City Advisory Commissions Several commission member terms on City advisory commissions expired December 3l, 2006. Prior to term expiration, City staff liaisons to the commissions polled the members whose terms would expire to determine their interest in continuing serving on their respective commissions. In December 2006 Mayor Kragness sent a letter to the City advisory commission chairpersons requesting input regarding participation and attendance of these members. Mayor Kragness talked with each of the chairpersons, and they responded that they would recommend reappointment of the commission members. Attached is a memorandum from Mayor Willson indicating his nominations. Also attached are the procedures for filling commission vacancies adopted by the City Council on March 27, 1995. Materials regarding the commissions are attached, including a table that indicates the geographical distribution by neighborhood of the current members of the commissions and an attendance record of the commission members for 2006. Recommended Council Action: Motion by Council to ratify Mayor's reappointments to commissions with terms expiring as follows: Financial Commission term to expire 12/31/2009 Housing Commission term to expire 12/31/2009 Park and Recreation Commission term to expire 12/31/2009 Planning Commission term to expire 12/31/2008 NW Hennepin Human Services Council Advisory Commission term to expire 12/31/2008 NW Suburbs Cable Communications Commission term to expire 12/31/2007 Attachments Of�ce of the Mayor BROOKLYN CEh'TER MEMORANDUM TO: Councilmembers Lasman, O'Connor, Ryan, and Yelich FROM: Tim Willson, Mayor DATE: January 2, 2007 SUBJECT: City Advisory Commission Reappointments As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the reappointment of the following persons: Financial Commission Mark Nemec 5538 Camden Avenue North Susan Shogren Smith 600 62nd Avenue North Housin� Commission Kris Lawrence-Anderson 5213 Eleanor Lane Park and Recreation Commission John Russell 5312 Lilac Drive North Thomas Shinnick 5324 Oliver Avenue North Plannin� Commission Grady Boeck 5601 Indiana Avenue North Gary Ford 5630 Lilac Drive North Sean Rahn 5740 Irving Avenue North Northwest Hennenin Human Services Council Advisorv Commission Joshua Xiong 5706 Bryant Avenue North Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North City of Brooklyn Center Procedures for Filling Commission/Task Force Vacancies. Adopted by Council3/27/95 The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled by Mayoral appointment with majority consent of the City Council. The procedure for filling Commission vacancies is as follows: l. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory commissions; 4. A lications for Commission membership must be obtained in the City pP Clerk's office and must be submitted in writing to the City Clerk; 5. The City Clerk shall forward copies of the applications to the Mayor and City Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is resented; and P 7. The City Council, by maj ority vote, may approve an appointment at the City Council meeting at which the nominee is presented. ISSION VACANCIES COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMM Financial Commission The Financial Commission is composed of a chairperson and six members, with members serving a three- year term. On December 31, 2006, the Financial Commission terms of Mark Nemec and Susan Shogren Smith expired. Mr. Nemec and Ms. Shogren Smith wish to continue their voluntary public service on the Financial Commission for another three-year term. Housing Commission The Housing Commission is composed of a chairperson and six members, with members serving a three- year term. On December 31, 2006, the Housing Commission term of Kris Lawrence-Anderson expired. Ms. Lawrence-Anderson wishes to continue her voluntary public service on the Housing Commission for another three-year term. Park and Recreation Commission The Park and Recreation Commission is composed of a chaarperson and six members, with members serving a three-year term. On December 31, 2006, the Park and Recreation Commission terms of John Russell and Thomas Shinnick expired. Mr. Russell and Mr. Shinnick wish to continue their voluntary public service on the Park and Recreation Commission for another three-year term. Planning Commission The Plarming Commission is composed of a chairperson and six members, with members serving a two-year term. On December 31, 2006, the Planning Commission terms of Tim Willson, Grady Boeck, Gary Ford, and Sean Rahn expired. Mr. Willson was elected Mayor by the voters of Brooklyn Center and has fulfilled his term on the Planning Commission. Mr. Boeck, Mr. Ford, and Mr. Rahn wish to continue their voluntary public service on the Planning Commission for another two-year term. NOTE: Notice has been posted and published for the vacancy deadline to apply is January 31, 2007. Northwest Hennepin Human Services Council Advisory Commission Northwest Hennepin Human Services Council Advisory Commission is composed of two members from each participating City., with members serving a two-year term. On December 31, 2006, the Northwest Hennepin Human Services Council Advisory Commission term of Joshua Xiong expired. Mr. Xiong wishes to continue his public service on the Northwest Hennepin Human Services Council Advisory Commission for another two-year term. Northwest Suburbs Cable Communications Commission The Northwest Suburbs Cable Communications Commission is composed of two representatives from each participating City, one of which is a representative of the City Council and the other a resident of the city, with members serving a one-year term. On December 31, 2006, the Northwest Suburbs Cable Communications Commission term of Rex Newman expired. Mr. Newman wishes to continue his voluntary public service on the Northwest Suburbs Cable Communications Commission for another year. City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 2, 2007 �3 k Neighborhoods �i�� s ,�„g Current Members Southeast Mark Nemec Susan Shogren Smith Northeast Northwest Gene Maze West Central Central Southwest Four vacancies. City of Brooklyn Center Financial Commission Attendance Tally 2006 Calendar Year Meeting Dates Type Escher Nemec Paulson Anderson Shogren-Smith Maze 1/26/2006 Regular X x X X X X E X X 3/6/2006 Joint w/Council E a ointed deceased resigned resigned PP 6/5/2006 Joint w/Council X X E 6/5/2006 Regular X X E �I 8/21/2006 Joint w/Council X X X 9/19/2006 Regular X X X 10/16/2006 Joint w/Council X E X 11/20/2006 Joint w/Council E X X X Present E Absent/Excused U Absent/Unexcused City of Brooklyn Center Housing Commission Geographical Distribution (Chairperson and Six Members) Current Members January 2, 2007 Neighborhoods Applicant(s) Current Members Southeast Kara Kuykendall Joshua Xiong Northeast Yolonde Lee Northwest West Central Kris Lawrence-Anderson Central Judy Thorbus Southwest Michael Johnson One vacancy. Housing Commission 2006 Attendance 1-17-06 2-21-06 4-18-06 5-16-06 9-1 9-06 10-17-06 11-21-06 Chair Judy P AE P P P P P Thorbus Kris Lawrence- AE P P P P P AE Anderson Michael Johnson P P P AE P Stan Leino AE Resigned Robert Paulson P P I Resigned I I Jean Schuster P P P AE Resigned Mark Yelich P P P P p P P Joshua Xiong P P P P AE P Present AE Absent and Excused City of Brooklyn Center Park and Recreation Commission Geographical Distribution by Park Service Area (P.S.A.) (Chairperson and Six Members) Current Members January 2, 2007 Park Service Area Applicants Current Members P.S.A. 1 Thomas Shinnick P.S.A. 2 Gail Ebert Roger Peterson P.S.A. 3 Bud Sorenson Muriel Lee Richard Theis P.S.A. 4 P.S.A. 5 John Russell CI TY OF BROOKL YN CENTER PARKS AND RECREATION COMMISSION Meeting Attendance 2006 4„ M ��3 a F f a ;�+�k���un ����1lla.��`�i��i�������� �i��C ���b��r,�, �+I�'i�� ���,�1�.�� ������'���x�n� r I I I I I I I �N/A �N/A I I I IN/A Bud Sorenson �P �P �P �P �P �P �P �P �P R. Peterson P P E P �E P �A P P Rich Theis �E �P IE IP IP IP I I IE IE �P Muriel Lee �P �P �P �P �P �P �P �E �P N John Russell �P �P ��P IP IP IP I I (P IP �P Tom Shinnick �P �P �P �P �P �E �P �P �P Gail Ebert IP �E �P �P IP IP I I IP IP IP I I I I I I I I I I I I P Present E Excused A Absent I City of Brooklyn Center Planning Commission Geographical Distribution (Chairperson and Six Members) Current Members January 2, 2007 r Nei�hborhoods r Current Members Soatheast Gary Ford Northeast Sean Rahn Timothy Roche Northwest West Central Rachel Lund Central Michael Parks Southwest Graydon Boeck One vacancy. Planning Commission Attendance 2006 2/16/06 I 3/2/06 4/13/06 4/27/06 I 5/11/06 5/25/06 6/15/06 6/29/06 I 8/17/06 9/28/06 10/26/06 12/14/06 Chair Tim Willson P P P P P P P P P 1' P P Graydon Boeck P P AE AE P A/UE P AE P P P P AE P P I P I AE I P I I P I P Gaxy Ford Rachel Lund AE AiUE AE AE AE AE AE I P P AE AE AE Michael Parks P P P A/LTE P P P ��U� P P Sean Rahn P P P AE P P I P I P P P A/LTE AE Tim Roche I P I aE I P I P I P I P I aE I P I p I P I P I I P Present AE Absent and Excused A/LJE Absent and Unexcused i City Council Agenda Item No. llh Office of the City Clerk &RUOKLYN �'�NTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk rIQ�I,Q1/�, DATE: January 3, 2007 SUBJECT: Mayoral Appointment Financial Commission Member The Financial Commission is composed of a chairperson and six members. There are four vacancies on the commission. Notice of vacancy on the Commission was posted at City Hall and Community Center and on the City's web site and aired on Cable Channel 16 beginning January 3, 2006, and continues to air. Announcement was made in several editions of the Brooklyn Center Sun-Post in 2006 and in City Watch resident newsletter. A letter was sent to those persons who previously had submitted an application for appointment to a Brooklyn Center advisory commission infornung them of the vacancy and requesting that they call the City Clerk if they are interested in applying for the commission. They were given the choice of either submitting a new application or having their application previously submitted considered. Notices were also sent to current advisory commission members. Attached for City Council Members only are copies of the application received: Rex Newman 3107 61st Avenue North An e-mail was sent to the applicant notifying him that his application for appointment would be considered at the January 8, 2007, City Council meeting. As requested by the City Council, the City Advisory Comrnission Bylaws and City Council Resolution Establishing the Financial Commission Duties and Responsibilities are not included in the materials but can be found on the City's web site at www.citvofbrooklmcenter.or� and clicking on Mayor/ CounciU Corrunissions/ Charter, then Advisory Commissions. The membership roster is also available at this site. Other attachments include: 1) Memorandum from Mayor Willson indicating his nomination. 2) Procedures for filling commission vacancies adopted by the City Council on March 27, 1995. 3) Geographical distribution of current members and applicants. Recommended Council Action: Motion by Council to ratify Mayoral nomination of Rex Newman, 3107 61 st Avenue North, to the Financial Corrunission with term expiring December 31, 2008. Office of the Mayor BROOKLYN CLNTER MEMORANDUM TO: Councilmember Kay Lasman Councilmember Mary O'Connar Councilmember Dan Ryan Councilmember Mark Yelich FROM: Tim Willson, Mayor DATE: January 3, 2007 SUBJECT: Financial Commission Appointment As outlined in our policy for filling commission vacancies, I would request ratification from Council Members for the following nomination to the Financial Commission: Rex Newman 3107 61st Avenue North City of Brooklyn Center Procedures for Filling Commission%Task Force Vacancies Adopted by Council3/27/95 I The following process for filling commission/task force vacancies was approved by the City Council at its March 27, 1995, meeting: Vacancies in the Commission shall be filled b Ma oral a ointment with ma'orit consent Y Y pp J Y of the Cit Council. The rocedure for fillin Commission vacancies is as follows: Y P g 1. Notices of vacancies shall be posted for 30 days before any official City Council action is taken; 2. Vacancies shall be announced in the City's official newspaper; 3. Notices of vacancies shall be sent to all members of standing advisory I �i CO1T11111SS10riS; 4. Applications for Commission membership must be obtained in the City Clerk's office and must be submitted in writing to the City Clerk; 5. The Cit Clerk shall forward co ies of the a lications to the Ma or and Cit Y p PP Y Y Council; 6. The Mayor shall identify and include the nominee's application form in the City Council agenda materials for the City Council meeting at which the nominee is presented; and 7. The City Council, by maj ority vote, may approve an appointment at the City Council meeting at which the nominee is presented. i COUNCIL PROCEDURES ESTABLISHED FOR FILLING COMMISSION VACANCIES �I City of Brooklyn Center Financial Commission Geographical Distribution (Chairperson and Six Members) Current Members January 3, 2007 Current Members Neighborhoods ����vvr �,;F��,,��� ��y;,,;'���, Southeast Mark Nemec Susan Shogren Smith Northeast Northwest Gene Maze West Central Central Rex Newman Southwest Four vacancies. City Council Agenda Item No. lli i Office of the Mayor BROQKLYN CENTER MEMORANDUM TO: Councilmembers Lasman, O'Connor, Ryan, and Yelich FROM: Tim Willson, Mayor DATE: January 4, 2007 SUBJECT: Mayoral Appointments of City Council Members to Serve as Liaisons to City Advisory Commissions and as City RepresentativeslVoting Delegates for Other Organizations for 2007 At the January 8, 2007, meeting, I would like to discuss and make appointments of City Council Members to serve as Council Liaisons to City Advisory Commissions and as Council representatives or voting delegates/alternates for boards, committees, or organizations in which the City participates. In 2006, Council Members were appointed as follows: Coraznzission/Organization Council Member Financial Cortunission Kay Lasman Housing Commission Kathleen Carmody Park and Recreation Commission Mary O'Connor Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Diane Niesen League of Minnesota Cities Kathleen Carmody North Metro Mayors Association Myma Kragness Association of Metropolitan Municipalities Myrna Kragness and Diane Niesen Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Kathleen Carmody Mpls. Metro North Convention &Visitors Bureau Myrna Kragness North Hennepin Chamber of Commerce Myrna Kragness T would request the Council to ratify the following appointments far 2007: Commissio�z/OrganiZatioi: Council Member Financial Commission Mark Yelich Housing Commission Dan Ryan Park and Recreation Commission Mary O'Connor Crime Prevention Program Kay Lasman NW Suburbs Cable Communications Commission Mary O'Connor North Metro Mayors Association Tim Willson Brooklyn Center Special Events Committee Kay Lasman Earle Brown Days Committee Mary O'Connor Visit Minneapolis North Tim Willson, Judith Bergeland, Myrna Kragness North Hennepin Area Chamber of Commerce Kay Lasman Association of Metropolitan Municipalities Tim Willson; Mark Yelich Alternate League of Minnesota Cities Tim Willson; Dan Ryan Alternate City Council Agenda Item No. 11 j i Office of the City Clerk BRUOKLYN CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk ��,�1/� DATE: January 2, 2007 SUBJECT: Amend 2007 City Council Meeting Schedule l. At its December 11, 2006, meeting, the City Council adopted a 2007 City Council Meeting Schedule. After further review of the schedule, I noticed that the regular Council meeting date of Monday, November 12, 2007, is a holiday for City Offices in observance of Veterans Day. It is recommended to change the Council meeting date to Tuesday, November 13, 2007. 2. Also attached is a Resolution Accepting a Proposal for a Leadership Planning Team Building Retreat as Proposed by Donald Salverda Associates. It is recommended the City Council adopt the resolution, which sets the date and time of the facilitated retreat for Saturday, January 13, 2007, at 8:30 a.m. at Earle Brown Heritage Center. City of Brooklyn Center Amended 01/08/07 2007 City Council Meeting Schedule x�Regular C�ty ���un�i��Nleetin�5�� ��i�e�alF��t���4ur���1 M��tings Counc���ehamb�rs All �'a�e� .�re„Monday ur�less citl�erwis,e �ote�l: J F City.l�all r. January 13 8:30 a.m. Facilitated Team Building Retreat EBHC Study/Work Session 6:00 p.m. April 30 7:00 p.m. Informal Open Forum 6:45 p.m. Board of Appeal Eaualization CC June 4 6:30 p.m. Regular Session 7:00 p.m. Work Session w/Auditor and Budget Work Session Work Session immediately following w�Financial Commission CC (Continued) Regular Session August 20 6:30 p.m. Budget Work Session Brooklyn Center City Council regularly w/Financial Commission CC meets the 2nd and 4th Monday each October 15 6:30 p.m. month, unless Monday is a holiday. Budget Work Session (Enterprise Funds) January 8 w/Financial Commission CC January 22 November 19 6:30p.m. February 12 Budget Work Session February 26 w/Financial Commission CC March 12 December 3 7:00 p.m. March 26 Initial Truth In Taxation CC April 9 December 10 6:00 p.m. April 23 Continuation Truth In Taxation (if needed) CC May 14 May 29 (Tuesday afterMemoria/ Day) June 11 June 25 July 9 July 23 August 13 August 27 September 10 September 24 �CtOb@P 8 (Co/umbus Da� October 22 November 13 �ruesday, arter veter��s nay� November 26 December 10 All dates are subject to change. Call City Hall at 763-569-3300 to verify dates and times. Strikethrough indicates meeting has been CANCELED. CR Council/Commission Conference Room located in lower level City Hall CC Council Chambers located in upper level City Hall EBHC Earle Brown Heritage Center, 6155 Earle Brown Drive Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING A PROPOSAL FOR A LEADERSHIl' PLANNING TEAM BUII.,DING RETREAT AS PROPOSED BY DONALD SALVERDA ASSOCIATES WHEREAS, the City Council wishes to hold a facilitated Leadership Planning Teazn Building Retreat with the City Department Heads; and WHEREAS, Donald Salverda Associates has prepared a proposal for a Leadership Planning Team Building Retreat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the proposal for a Leadership Planning Team Building Retreat attached hereto as Exhibit A be accepted. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center that the 2007 City Council Meeting Schedule is amended to set the date and time of the Leadership Planning Team Building Retreat for Saturday, January 13, 2007, at 8:30 a.m. at the Earle Brown Heritage Center Januarv 8, 2007 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. i Donald Salverda Associates Roseville Professional Center Suite 511 2233 N. Hamline Avenue Roseville, MN 55113 (651) 484-1335 A PROPOSAL FOR A LEADERSH/P PLANN/NG- TEAM BUILD/NG RETREAT FOR THE BROOKLYN CENTER CITY COUNC/L AND DEPARTMENT HEADS Proposal To Mr. Curt Boganey City Manager Proposed By Don Satverda Consultant/Facilitator WHY HAVE A LEADERSHIP PLANNING TEAM BUILDING RETREAT? 1) ORGANIZATIONS NEED TO PERIODICALLY ASSESS PROGRESS, RE- ESTABLISH DIRECTION, AND ENHANCE TEAM SPIRIT 2) HOW WELL THE CITY'S ELECTED OFFICIALS, CITY MANAGER, AND DEPARTMENT HEADS COMMUNICATE AND WORK TOGETHER TOWARD COMMON GOALS IS KEY TO THE CITY'S EFFECTIVENESS 3) IT'S EASIER TO DEVELOP CONSENSUS ON ISSUES, OPPORTUNITIES, AND GOALS IN AN OFF-SITE RELAXED ENVIRONMENT RATHER THAN THE FORMALITY QF THE NORMAL WORK ENVIRONMENT 4) A RETREAT IS AN EXCELLENT WAY TO INTEGRATE NEW MEMBERS ONTO THE CITY'S LEADERSHIP TEAM CITY OF BROOKLYN CENTER 2007 CITY COUNCIL AND DEPARTMENT HEADS LEADERSHIP PLANNING TEAM BUILDiNG RETREAT I PRIMARY OBJECTIVES 1) To review and build on information developed at the council's 2006 Goal Setting Retreat 2) To enhance communication and develop renewed team spirit among the participants 3) To develon preliminarv action nlans to achieve the city's highest priority goals 4) To review the citv's mission and values, 5) To discuss roles, resuonsibilities. and exbectations 6) To be an educational and en�ovable day 7) Other II FORMAT OF THE RETREAT The sessions will include group participation and discussion, individual activities, and comments of the facilitator. Seatin4 ArranQements Tables (preferably round) seating five participants per table Audio-visual Needs: Three large, standing, easels and writing pads (None required) (facilitator will provide) Iil TIMING AND LOCATION Tentativei Janua 13 2007 Timinc� y rY Location: Earle Brown Conference Center IV PARTICIPANT MATERIALS Each participant will receive a comprehensive outline, related supplemental materials and an Executive Summary of the Retreat V THE CONSULTANT/FACILITATOR Over twenty-five years experience in the professional development field Skilled seminar, workshop, and retreat leader Leadership experience in the private, public, and volunteer sectors Student of leadership VI 1NVESTMENT Pre-Retreat Planning and Preparation 500 On-S ite Retreat $1, 000 Post-Retreat Report Writing 500 Plus the cost of the Behavioral Style Learning Instrument ($17) and any additional expenses incurred with the engagement such as duplicating of handout materials, easel pads, travel expenses @$.45/mile, etc. CITY OF BROOKLYN CENTER 2007 CITY COUNCIL AND DEPARTMENT HEADS LEADERSHIP PLANNING TEAM BUILDING RETREAT Tentative Aaenda 8:30 9:00 COFFEE AND DONUTS INFORMAL VISITING 9:00 9:05 OPENING REMARKS MAYOR AND CITY MANAGER 9:05 —10:15 SESSION 1: "WORKING AS A TEAM PROVIDING DIRECTION" j Focus Objectives and expectations for the retreat I Communication enhancement exercise Review of the November Council Retreat Review of the City's Mission and Vafues 10:15 —10:30 BREAK I i 10:30 —12:00 SESSION 2: "WORKING AS A TEAM DEVELOPING ACTION PLANS" Focus Preliminary action planning to achieve the highest priority goals action lans Review and discussion of preliminary p 12:00 1:OQ LUNCH 1:00 2:15 SESSION 3: "WORKING AS A TEAM CLARIFYING ROLES, RESPONSIBILITIES, EXPECTATIONS, AND CONTRIBUTIONS" Focus: The interdependency of council and staff Review of roles and responsibilities Expectations and contributions 2:15 2:30 BREAK 2:30 3:30 SESSION 4: "WORKING AS A TEAM DEVELOPING POSITIVE WORKING RELATIONSHIPS SUMMARY QF THE DAY" Focus: Understanding work behavior styles Building on strengths Summary of the day Making a positive impact DON SALVERDA s esident of DONALD SALVERDA ASSOCIATE Don S alverda is Pr firm that ro vides services and materials to business an d a consulring p ;;:;�r industry, govemment, and professional organizations, in the areas of team building, strategic planning, leadership, management development, and customer service. He has designed and led team building, strategic planning, leadership, and management retreats and workshops for over fifteen years for a variety of organizations in both the public and private sectors. As a retreat and workshop leader his positive and enthusiastic approach convey his own sense of purpose and belie£ He further believes that: I 1) People are very busy with limited time; therefore, the process should be practical and highly productive 2) People learn from each other; therefore, the process should be highly participative 3) The process should be educational, enjoyable, and non-threatening Don is hi hl res ected for his leadership ability, his results-oriented style, and his commitment of g Y P service to people. I Combining an academic background in engineeririg with over thirty years of practical experience in the private, public, and volunteer sectors in a variety of roles and settings, Don has gained a unique and broad ers ective of the challen es facing organizations and individuals. P P g In addition to serving on a number of boards and commissions, he has served as President of the Sales and Marketing Executives of Minrieapolis, the Roseville-Falcon Heights Chamber of Commerce, the Association of Minnesota Counties, the Ramsey County League of Local Governments, the North Suburban Community Foundation and the North Suburban Gavel Association. He has also served as President of the Roseville Jaycees and as District Chair of the Indianhead Council of the Boy Scouts of America. Ramse Coun Board of ee elected to ublic office and served eighteen years on the y ty He has b n p Commissioners. Don is an active member of the Rotary Club of Roseville and is an avid downhill skier and biker. Donald Salverda Associates 2233 N. Hamline Avenue Roseville, Minnesota 551 3• 651-484-1335 Donald Salverda Associates Aoseville Professiona! Cenfer Suite 511 2233 N. Hamline Avenue Roseville, MN 55113 (651) 484-1335 ABOUT DONALD SALVERDA 8� ASSOCIATES DONALD SALVERDA 8� ASSOCtATES is a consulting firm that provides services and materials to business and industry, government, and professionat organizations in the areas of leadership and management development, team �buiiding� strategic planning and customer service. OUR MISSION Our mission is to enhance the leadership and management knowledge and skilts of individuals and organizations to enable them to be more effective in" an ever-changing wortd. ABOUT DON SALVERDA Don Salverda brings over thirty years of practical experience from the corporafe, govemment, small business, and volunteer sectors. Don is highly respected for his hi abili his results-oriented style, his commitment. of service to people, and his leaders p ty, positive and effective approach as a retreat, workshop, and seminar designer and facilitator. OUR SERVICES Leadership Retreats for Boards� Councils and Management Teams Designing and facilitating highly pa�ticipative Ieadership, team building, strategic planning, and goal-setting retreats. Time frames range from half-day to three days in length. Most retreats-are-held off-site. Workshops and Seminars Open enroqment, organization-sponsored, and in-house workshops and semin d nce artici ant leadership, management, ics desi ned to enha p P on a vanety of top g people skills. Tme frames range from half-day to full day in length. Management Development Comprehensive management assessment and development program coupled with follow-up workshops and group discussion sessions. Coaching and Cansulting Mana ers and S ecialized Consulting assignments. One-on-one Coaching of g P Materials A variety of easy-to-administer personal and organizational development fools and instruments. Train-the-Trainer services available. THE BROOKLYN CENTER CITY COUNCiL 2006 GOAL SETTING RETREAT SUMMARY EVALUATION, 1) The objectives of the session were: "Y c`1 5 4 3 2 V 9Ue Clear 2) The organiz tion of the session was: 4 3 2 1 5 Excellent Poor 3) The ideas pr sented were: I l 5 4 3 2 Ver N ot Tr Y Interesting Interestin 9 cussion was: 4) The ability of the presenter to st�mulate dis 5 4 3 2 Excellent Poor 5) My attendan e at this session was: Very 3 Z W ste e Beneficial of Time 6) Overall, I co ider this session to have been: /f {f 5 4 3 2 1 Excellent Poor THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTWG RETREAT PARTICIPANT COMMENTS 1) "Very valuable. Knowledgeable facilitator. Good time management. Excellent!" 2) "Hope to see this continue" 3) "The only di�culty was in terms of the broad scope and complexity of the issues" 4) "I look forward to the second session to build upon the results of this session. Your skills have been very beneficial." 5) "I disagree, measurable goals are crucial wherever possible. If you don't agree why this evaluation form? Without measurable goals everything is busy work." i City Council Agenda Item No. llk Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION RECENING AND ACCEPTING THE 2006 GOAL SETTING RETREAT REPORT OF NOVEMBER 11, 2006, AS PREPARED BY DONALD SALVERDA ASSOCIATES WHEREAS, the City Council held a Goal Setting Retreat on November 11, 2006; and WHEREAS, the facilitator, Donald Salverda Associates, has prepared a summary report made by the participants during the Goal Setting Retreat. NQW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the 2006 Goal Setting Retreat Report as prepared by Donald Salverda Associates attached hereto as Exhibit A be and hereby is received and accepted. Januarv 8, 2007 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. Donald Salverda Associates Roseville Prqfessional Center Suite 511 2233 N. Hamline Avenue Roseville, MN 55113 (651) 484-1335 i THE BROOKLYN CENTER CITY CDUNCIL 2006 GOAL SETTING RETREAT l i l• 1 THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT Pa e 1 WTRODUCTION 1 II INTRODUCTORY REMARKS 2 i III COMMUNICATION ENHANCEMENT 3 IV REVIEW OF PROGRESS BEING MADE 3 V LEADERS AND MANAGERS ARE BEING CHALLENGED 3 VI CHANGES THAT HAVE AND ARE EXPECTED TO IMPACT THE CiTY 4 f. VII ISSUES AND OPPORTUNITIES FACING THE CITY 4 Vlil THE GOALS PROGRAM TO ADDRESS THE �I j 4 ISSUES AND OPPORTUNITIES f 1X PRELIMINARY STRATEGIES TO ACHIEVE THE GOALS 4 X ROLES AND RESPONSIBILITIES 5 i XI CLOSING REMARKS 5 XII EVALUATION OF THE RETREAT 5 XIII RECOMMENDED FOLLOW-UP ACTIONS 6 ATTACHMENTS 7-25 1 i THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT I INTRODUCTION The council members and city manager of the City of Brooklyn Center heid a Goal Setting Retreat on November 11, 2006. The retreat was held in the The i Harvest Room at the Earle Brown Conference Center in Brooklyn Center. Invited to and participating in the retreat were the newly elected Mayor Tim Willson and the newly elected Council members Dan Ryan and Mark Yelich. The retreat facilitator was Don Salverda, President of Donald Salverda and Associates of Roseville, Minnesota. Participants at the retreat were: Myrna Kragness Mayor Kathleen Carmod Council Member Y Kay Lasman Council Member Diane Niesen Council Member Mary O'Connor Council Member Curt Boganey City Manager Tim Willson Newly Elected Mayor Dan Ryan Newly Elected Council Member Mark Yelich Newly Elected Council Member 1 The primary objectives of the retreat were: 1) To review qroaress related to the council's 2006 goals 2) To enhance communication and develon renewed team spirit among participants 3) To discuss chanaes that are likely to impact the city 4) To develop updated consensus on issues and oqqortunities facing the city (1-3 year perspective) 5) To develoa an undated aoals �roaram for the city (1-3 year perspective) 6) To develop preliminarv strateaies to achieve the highest priority goals 7) To be both educational and eniovable This report summarizes the results of the retreat and includes recommendations for follow-up actions to be taken. II INTRODUCTORY REMARKS Mayor Myma Kragness welcomed participants to the retreat pointing out the importance of communication and team work among the council members, the need to develop consensus on issues facing the city, and to update the city's goals. City Manager Curt Boganey also welcomed participants to the retreat and thanked them for their commitment to the city. He indicated the importance for the council to develop consensus on five or six highest priority goals for the staff to focus their efForts. Both Mayor Kragness and the city manager welcomed the recently elected mayor and two new council members to the retreat. He then 1 introduced the Retreat Facilitator, Don Salverda 9 2 I I11 COMMUNICATION ENHANCEMENT After introductory remarks were made, the facilitator indicated that one of the primary objectives �of the retreat was to enhance �communication among the participants. The first activity began the communication process by providing the participants the opportunity to share backgrounds, perspectives on the greatest challenges facing the city, and expectations for the retreat. Many of the challenges cited by participants were incorporated into later discussions on Issues and Opportunities facing the city. The refreshment breaks, luncheon, and group discussions provided additional opportunities to further enhance communication. See Attachment A for the Greatest Challenaes Facina the Citv and Exuectations for the Retreat IV REVIEW OF PROGRESS BEING MADE The next activity focused, on a review of progress being made by the city during the last year. It was agreed that significant progress has been made in a number of areas. Participants also discussed problems that have been encountered and lessons that have been learned. Participants also agreed there is room for improvement. See Attachment B for the Review j of Proaress beina made bv the Citv V LEADERS AND MANAGERS ARE BEING CHALLENGED The facilitator provided information on leadership, pointing out that leaders and managers at all levels of organizations in both the public and private sectors are being challenged as never before. In the public sector, government officials and professional staff ere faced with the dilemma of ineeting increasing service needs with limited funding capability. It was pointed out that in year 2006 and beyond increased emphasis is being placed on individual leadership and leadership development within organizations. The facilitator provided a number of resource materials on leadership that were referred to throughout the retreat. i I 3 VI CHANGES THAT HAVE AND ARE EXPECTED TO� IMPACT THE CITY Participants next reviewed and discussed significant changes that have impacted the city during the last five years and those expected to impact the city during the next five years. See Attachment C for the Listina of Chanaes that Have and are Expected to Impact the Citv VII ISSUES AND OPPORTUNITIES FACING THE CITY The participants were provided with information from the department heads, and the results of a citizen survey, pertaining to the greatest challenges facing the city. From this information and their own perspectives, participants identified the major issues and opportunities facing the city. The listing provided a fresh update and consensus on needs to be addressed by the city. See Attachment D for the Uadated Listinct of Issues and O000rtunities facina the Citv VIII THE GOALS PROGRAM TO ADDRESS THE ISSUES AND OPPORTUNITIES The identified issues and opportunities were then converted into a proposed goals program for the city for 2007 2008. The goals program consists of eight highest priority goa{s. See Attachment E for the Proaosed Goals Pro4ram to Address the Hiahest Prioritv Issues and Onaortunities IX PRELIMINARY STRATEGIES TO ACHIEVE THE GOALS Time did not allow for the development of preliminary strategies to achieve the goals. These strategies and action plans need to be discussed and developed to determine what is.�realistic and what is not realistic. It was recommended that a second retreat be scheduled to discuss the preliminary strategies. It was also recommended that the department heads be active participants at the follow up retreat. 1 4 i X ROLES AND RESPONSIBILITIES The facilitator recommended that the council discuss and develop a simple listing of the major roles and responsibilities of the city council, individual council members, the mayor, the city administrator, department heads, city employees and citizens. He provided a sample from another city that the council might use as a model. See Attachment F for the Listina of Maior Roles and Resaonsibilities XI CLOSING REMARKS The retreat concluded with the facilitator challenging the� participants to make a positive impact in their leadership roles. He pointed out the interdependency of the city council and staff, and the need to be mission and goal driven. He further challenged participants to be continuous learners, to accept, and appreciate diversity, to be team players, and to focus on the "big picture." Mayor Myrna Kragness and City Manager Curt Boganey closed the session by thanking everyone for participating. Both thanked the facilitator for organizing and leading the retreat. j It was agreed that the retreat had a very good outcome and that a follow up retreat be scheduled in the near future. XII EVALUATION OF THE RETREAT The retreat was very well received by participants with an overall rating of 4.4 on I a scale of 1= low and 5= high. See Attachment G for the Evaluation of the Retreat i i �i 5 j Xill RECOMMENDED FOLLOW-UP ACTIONS 1t was agreed that considerable progress was made at the retreat and that follow- up actions are needed. A recommended sequence of actions are: 1) The participants review the Executive Summary of the retreat 2) The city manager fine tunes the prioritized issues and opportunities, and the recommended goals program for city council consideration 3) A second retreat be scheduled to develop preliminary strategies and action plans to aehieve the goals. 4) The city council approves and formally adopts the finalized goals program. 5) Action plans be developed for each goal under the guidance of the city manager 6) The city council and city manager monitor progress on achievement of the goals during the year 6 A follow-u retreat be scheduled in one ear to evaluate ro ress and p Y P 9 update the goals i j Executive Summary Written by the Retreat Facilitator Don Salverda 3 Donald Salverda 8� Associates Roseville Professional Center, Suite 511 2233 North Hamline Roseville, MN 55113 (651) 484-1335 j i 6 i Attachment A GREATEST CHALLENGES FACING THE CITY� 1) "Resident satisfaction wifh the city's quality of life" 2) °The city's housing stock" 3) "Declining business values" 4) "Having adequate resources for services" 5) °Taxes" 6) "The image of the city" 7) "The perception of crime in the city" 8) "Redevelopment" 9) "The deterioration of property" 10) "Water quality" 11) "Having a tolerance of diversity" 7 12) "Code enforcement and property maintenance" 13) "The city needs better citizen buy in on goals" i 14) "Getting citizen participation, commitment, and buy in" 15) "Shopping services" f 16) "Communication and collaboration with other units of governmenY' 17) "Communicating with citizens" i 7 i RETREAT EXPECTATIONS 1) "To begin a continuing dialogue with the council members and to have a new r beginning for the city" 2) "To reach consensus on a limited number of realistic and measurable goals" 3) °To set some goals and make a good transition to the new team" 4) "To share ideas for changes as pertaining to goals" 5) "To listen and learn to set goals" 6) "To develop measurable goals" 7) "To develop five or six goals for the city" 8) "To develop both long term and short term goals" 9) "To agree on five or six measurable goals" ,i t 8 1 Attachment B REVIEW OF PROGRESS BEING MADE BY THE CITY THE SUCCESSES 1 1) °The continuing providing of public services with limited resources" 2) "Improved public input on street and utilities projects" 3) °Communication between the police department and the public" 4) "Having police depa�tment meetings in the neighborhoods" 5) "Improved police department reports on crime" 6) "Developing `the opportunity site' blue print with public input" 7) "The 57 and Logan Development" 8) "The successful transition of the new city manager Curt Boganey" 9) "The city's addressing diversity" 10) °The city's website" 11) "The successful transition of the city's dispatching function to the county" 9 THE PROBLEMS ENCOUNTERED 1) "Too much staff time has been spent trying to understand the council's desires and not focused on implementation of action plans" 2) "The city's limited resources related to code enforcemenY' 3) "The reduction in local government aids from the State" 4) "The deteriorating quality of many rental homes in the city" l S) "Eminent domain rules and the impact on the city's opportunity site" 6) "The conversion of single family homes to rental use" I 7) 'Brookdale is underdeveloped" I THE LESSONS LEARNED 1 °The cou te ood of the cit ncil needs to work better as a team for the grea r g y I 2) "The council needs more informal meetings and discussions to discuss issues, strategies, and how to better work together with the different personalities, etc." 3) "The council members need to act professionally and separate `personal issues' from city issues" 4) "The council members need to compromise more on finding solutions to issues" 5) "The council members need to expand their outreach to other communities to learn what other cities are doing to address their problems" 6) "The city needs to work together with neighboring communities on proposed legislation" I I� 10 i i Attachment C MOST SIGNIFICANT CHANGES THAT HAVE IMPACTED THE CITY DURING THE LAST FIVE YEARS j MOST SIGNIFICANT i i 1) THE CITY'S CHANGING DEMOGRAPHICS THAT INCLUDE AN AGING POPULATION, AND INCREASED ETHNIC DIVERSITY 2) A DECREASE IN THE CITY'S TAX BASE FROM LOCAL BUSINESSES 3) A REDUCTION IN LOCAL GOVERNMENT AID FROM THE STATE 4) AN INCREASE IN THE CITY'S RENTAL HOUSING i 5) A DECLINE IN CITIZEN SATISFACTION LEVELS AND AN INCREASE IN EXPECTATIONS 6) A DECLINE IN THE OVERALL MAINTENANCE OF THE CITY'S HOUSING STOCK SIGNIFICANT 7) A DECLINE IN THE SERVICES PROVIDED AT THE BROOKDALE PROPERTY j 8) A DECLINE IN THE PROPERTY VALUE OF BROOKDALE 9) CHANGES IN ELECTED LOCAL OFFICIALS 10) CHANGES IN STAFF MOST SIGNIFICANTLY AT THE DEPARTMENT HEAD LEVEL 11 i MOST SIGNIFICANT CHANGES EXPECTED TO IMPACT THE CITY IN THE LAST FIVE YEARS MOST SIGNIFICANT 1) THE REDEVELOPMENT OF THE CRACKER BARREL PROPERTY i 2) CONTINUED DEMOGRAPHIC CHANGES THAT INCLUDE AN AGING POPULATION AND INCREASED DIVERSITY 3) THE IMPACT OF RECENT EMINENT DOMAIN LEGISLATION 4) THE REDEVELOPMENT OF THE OPPORTUNITY SITE PROPERTY 5 AN OVERALL DECLINE IN THE ITY OMMERCIAL BUSINESSES C SC SIGNIFICANT 6) THE IMPACT OF FUTURE LOCAL GOVERNMENT AID LEGISLATION 7) CHANGES MADE AT BROOKDALE 8) CHANGING VALUES OF COMMERCIAL PROPERTIES 9) INCREASES IN THE COST OF HEALTH CARE AND OTHER BENEFITS PROVIDED TO EMPLOYEES 10) INCREASED TRAFFIG DUE TO CHANGES IN HIGHWAY 252 AND THE COMPLETION OF HIGHWAY 610 12 ALSO SIGNIFICANT 11) AN INCREASING FOCUS ON WATER RELATED ISSUES 12) UPDATfNG THE CfTY'S COMPREHENSIVE PLAN 13) THE IMPACT OF MANDATED HOMELAND SECURITY MEASURES 14) THE IMPACT OF HIRING A NEW ASSISTANT GITY MANAGER 15) INCREASING GASOLiNE PRICES 16) THE IMPACT OF FUTURE NATIONAL, STATE, AND LOCAL ELECTIONS 17) CHANGING INTEREST RATES j l� j t i j i 3 1 13 i Attachment D ISSUES AND OPPORTUNITIES AS EXPRESSED AS NEEDS of times Selected in the top 8 Current Council New Councii HIGHEST PRIORITY Citv Manaqer RANK (4,4,1) 1) THE NEED TO POSITIVELYADDRESS THE CITY'S CHANGING DEMOGRAPHICS AND INCREASED DIVERSITY (4,4,1) 2) THE NEED TO IMPROVE THE ENFORCEMENT OF CITY CODES (3,4,1) 3) THE NEED TO CONTINUE TO MAINTAIN AND TO UPGRADE (WHEN AND WHERE NECESSARY) THE CITY'S INFRASTRUCTURE (3,4,1) 4) THE NEED TO REDUCE THE CITY'S CRIME (4,3,1) 5) THE NEED TO PROCEED WITH THE CITY'S REDEVELOPMENT THE CRACKER BARREL PROPERTY THE OPPORTUNITY SITE SUPPORT THE REDEVELOPMENT OF BROOKDALE (4,3,1) 6) THE NEED TO ENSURE THE CITY'S FINANCIAL STABILITY (2,4, 7) THE NEED TO IMPROVE THE CITY'S HOUSING STOCK i (3,3, 8) THE NEED TO MAWTAIN OR LOWER PROPERTY TAXES 1 1 i i 14 RANK PRIORITY (2 9) THE NEED TO INCREASE THE CITY'S INFLUENCE AT THE LEGISLATURE (2,2, 10) THE NEED TO STREAMLINE (WHERE POSSIBLE) AND STRIVE FOR INCREASED EFFECTIVENESS IN PROVIDING SERVICES j (2,1, 11) THE NEED TO IMPROVE COMMUNICATION WITH CITIZENS (2,1, 12) THE NEED TO IMPROVE THE CITY'S WATER (STORM WATER RUN OFF, DRINKING, ETC) (0,2, 13) THE NEED TO IMPROVE THE CITY'S IMAGE (1,0,1) 14) THE NEED TO INCREASE COMMUNICATION AND COLLABORATION WITH OTHER GOVERNMENT UNITS AND AGENCIES :i i j 15 Attachment E THE PROPOSED GOALS PROGRAM 2007-2008 (HIGHEST PRIORITY� GOAL 1 TO POSITVELY ADDRESS THE CITY'S CHANGING DEMOGRAPHICS AND INCREASED DIVERSITY GOAL 2 TO IMPROVE THE ENFORCEMENT OF CITY CODES I GOAL 3 TO CONTINUE TO MAINTAIN AND UPGRADE WHEN AND WHERE NECESSARY) THE CITY'S INFRASTRUCTURE GOAL 4 TO ENSURE A SAFE AND SECURE COMMUNITY BY REDUCING CRIME GOAL 5 TO AGGRESSIVELY PROCEED WITH THE CITY'S REDEVELOPMENT PLANS THE CRACKER BARREL PROPERTY THE OPPORTUNITY SITE SUPPORTING THE REDEVELOPMENT OF BROOKDALE GOAL 6 TO ENSURE THE CITY'S FINANCIAL STABILITY GOAL# 7 TO IMPROVE THE CITY'S HOUSING STOCK GOAL 8 TO MAINTAIN OR LOWER PROPERTY TAXES �i I I i 16 Attachment F ROLES AND RESPONSIBILITIES OF THE CITY COUNCIL MOST SIGNIFICANT 1) To provide leadership, direction, and {ong-range planning for the city 2) To determine policy for the city 3) To hire and monitor the performance of the city manager (to manage city operations) 4) To adopt an annual budget for the city 5) To represent the collective best interests of the city and the citizens of the city l 3 1 a 5 ,i 17 Attachment F continued ROLES AND RESPONSIBILITIES OF INDIVIDUAL COUNCIL MEMBERS I MOST SIGNIFICANT 1) To represent the citizens and be accessible to them 2) To make leadership and policy decisions for the greater good of the city 3) To be prepared for, and participate in, council meetings 4) To act professionally and listen respectfu�ly to other council members, staff, and citizens J� 5) To share information and communicate openly with the city manager and other council members 18 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE MAYOR MOST SIGNIFICANT 1) To conduct orderly and effective city council meetings 2) To represent the city at public functions 3) To facilitate discussions on agenda items and help resolve conflict j among council members j• 4) To make advisory committee appointments s j 5) To sign the city's legal documents 6) To also function as a council member i 1 1 7 19 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE CITY MANAGER MOST SIGNIFICANT I 1) To prepare and provide information for the council, rnake policy recommendations based on the information, and implement adopted policies 2) To be a liaison between the council and staff j i f 3) To provide leadership and foster a positive work environment for the city's employees 1 4) To develop and administer the city's annual budget 1 5) To appoint, develop, evaluate, and terminate (when necessary) city employees i i 20 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE DEPARTMENT HEADS MOST SIGNIFICANT 1 1) To provide leadership and goals for their departments 2) To manage the day-to-day operations of their departments 3) To prepare and administer the department's annuaf budget 4) To communicate and cooperate with other entities in the city 5) To keep the city manager and department staff informed t 6) To provide training and development opportunities for department employees 7) To recommend `new hires' to the city manager 21 i Attachment F (continued) ROLES AND RESPONSIBILITIES OF ALL CITY EMPLOYEES MOST SIGNIFICANT 1) To have a positive attitude towards their job and when dealing with the public 2) To be team players 3) To be fiscally responsible 4) To be a positive representative and ambassador of the city 5) To have a strong work ethic 6) To be receptive to, and participate in, training and development opportunities 7) To be innovative problem solvers i 22 Attachment F (continued) ROLES AND RESPONSIBILITIES OF THE CITIZENS MOST SIGNIFICANT 1) To vote in city e{ections 2) To provide fiscal support for city services and operations; i.e., to pay their taxes 3) To keep informed on issues that affect the city and to communicate their concerns to the city's elected officials and staff 4) To be involved in community affairs 5) To be positive contributors to the community 23 3 Attachment G THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT SUMMARY EVALUATION 1) The objectives of the session were: l� c 5 4 3 2 1 Clear Vague 2� The organiz tion of the session was: l� 5 4 3 2 Excellent Poor 3) The ideas pr sented were: 5 4 3 2 1 T r Very Not Interesting Interesting 4j The abitity of the presenter to stimufate discussion was: i 5 4 3 2 1 I Excellent P�r 5) My attendan �e at this session was: 5 4 3 2 1 r Very Waste Beneficial of Time i 6) Overall, I co ider this session to have been: t�- 5 4 3 2 1 Excellent Poor i 24 THE BROOKLYN CENTER CITY COUNCIL 2006 GOAL SETTING RETREAT PARTICIPANT COMMENTS 1) "Very valuable. Knowledgeabie facilitator. Good time management. Excellent!" 2) °Hope to see this continue" 3) "The only difficulty was in terms of the broad scope and complexity of the issues" 4) "I look forward to the second session to build upon the results of this session. Your skills have been very beneficial." 5) "I disagree, measurable goals are crucial wherever possible. If you don't agree why this evaluation form? Without rneasurable goals everything is busy work." i i 25 City Council Agenda Item No. 111 Memorandum TO: Curt Boganey, City Manager FROM: Ronald A. Warren, Planning and Zoning Spe list ,�.(/l/ SUBJECT: Ordinance Amending Chapter 34 of the City Code of Ordinances Regarding the Display of Decorative Banners DATE: December 28, 2006 On the January 8, 2007 City Council agenda is consideration of an ordinance amending Chapter 34 of the City Code of Ordinances regarding the display of decorative banners. This proposed ordinance amendment was reviewed by the City Council at their work session on November 27, 2006. The ordinance language was in consideration of a request by Francis Lang on behalf of Lang Nelson Associates, Inc. owners of various apartment complexes within Brooklyn Center requesting they be allowed to display decorative banners from light poles at their complexes. Following discussion of language offered for their consideration, the City Council directed that the matter be put in the form of a formal ordinance amendment and placed on their agenda for the first meeting in January, 2007. The following ordinance amendment is offered for the City Council's consideration and first reading. I am currently in the process of contacting Francis Lang and advising him of the intended City Council consideration of the ordinance amendment. Any comments received from him prior to the City Council's meeting will be forwarded. If you have additional questions, comments or concerns, please contact me. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of 2007, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an Ordinance Amending Chapter 34 of the City Ordinances Regarding the Display of Decorative Banners. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMEND]NG CHAPTER 34 OF THE CITY CODE OF ORDINANCES REGARDING THE DISPLAY OF DECORATIVE BANNERS THE CITY COUNCII, OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 34 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 34-130. Prohibited Signs 7. Banners, pennants, streamers, balloons, stringers or similar attention attracting devices, unless approved in conjunction with an administrative permit as provided in Section 35-800 or unless authorized by Section 34-140, Subdivision 2m or 20 of the City Ordinances. Section 34-140. Permitted Signs 2. Permitted Signs not Requiring a Permit. o. Decorative banners attached to or hune from li�ht standards or similar structures nrovided thev are no lar�er than 16 sa. ft. in area, contain no commercial advertisin� messa�e or loeo. nroduct identification nor are intended for advertisin� nurooses and must be maintained in a safe manner and in �ood condition so as not to be faded, torn, tattered or be in an unsishtiv condition. Section 2. This ordinance shall become effective after adoption and upon thirty days following its legal publication. 1 Adopted this day of 2007, Mayar ATTEST: Cit� Clerk Date of Publication Effective Date (Strikeouts indicate matter to be deleted, underline indicates new matter.) z City Council Agenda Item No. llm r City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 2, 2Q47 TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works T�� SUB3ECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2007-05, 06, 07 and 08, Riverwood Area Neighborhood Street, Storm Drainage, and Utility Improvements On March 13, 2006, the City Council established the Riverwood Area Neighborhood Street, Storm Drainage, and Utility Improvements project by Resolution 2006-33. This aetion was taken in aceordance with the Capital Imprvvement Program, which identifies the Riverwood Area foT street and utility reconstruction in 2007. The attached feasibility report provides a summary of the project evaluation and preliminary layout of street and utility improvements. The report also includes the results of a resident survey that was mailed to all property owners within the project area. Public information meetings were conducted on November 14, 2006 and December 5, 2006 to provide project information to residents within the project area and gain additional input from the public. The informational meetings were generally positive in nature with the majority of questions and concerns relating to design details, special assessments and project schedule. The project cost is estimated to be 4,771,000.00. Funding sources for the project are proposed from a variety of sources as described in the feasibility report and as listed below. Special Assessments 782,903.00 Sanitary Sewer Utility 630,000.00 Water Utility 784,000.00 Storm Sewer Utility $1,183,651.00 Street Light Utility 33,000.00 Street Construction Fund $1.357.446.00 Total $4,771,040.00 Attaehed for consideration is a City Council resolution to receive tl�e Engineer's Feasibility Report, and to call for a public hearing for February 12, 2007 to consider approval of the project. Legal notice would then be published, and all property owners who could potentially be assessed for improvements would receive a Notice of Public Hearing via certified mail. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (?63) 569-3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adaption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER' S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, A�iPROVEMENT PROJECT NOS. 2007-05, 06, 07 AND 08, RNERWOOD AREA NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS WHEREAS, the Brooklyn Center City Council, by Resolution No. 2006-33 directed the preparation of an engineer's feasibility report regarding proposed improvements to the streets, stortn drainage system and public utilities in the Riverwood Area Neighborhood; and WHEREAS, the City Engineer has prepared said report and recommends that the proposed improvements be considered; and WHEREAS, a portion of the cost of street and storm drainage irnprovements for said project is proposed to be assessed against properties within the project azea; and WHEREAS, the proj ect cost is estimated to be $4,771,000.00 and the project funding sources are currently estimated to be: Special Assessments 782,903.00 Sanitary Sewer Utility 630,000.00 Water Utility 784,000.00 Storm Sewer Utility $1,183,651.00 Street Light Utility 33,000.00 Street Construction Fund $1,357,446.00 Tatal $4,771,000.00 NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Brooklyn �enter, Minnesota, that: 1. The Engineer's Feasibility Report for the Riverwaod Area Neighborhood Street, Storm Drainage and Utility Improvements is received and accepted. 2. A hearing shall be held on the 12 day of February, 2007, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon said improvement proj ect and at such time and place all persons owning property affected by said improvements will be given an opportunity to be heard with reference to said improvernents. RESOLUTION NO. 3. The City Clerk is directed to cause a notice of the hearing to be published in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and u on vote being taken thereon, the following voted in favor thereof: P and the following voted against the same: whereupon said resolution was declared duly passed and adopted. I a Public Works Dep�rtme�t e�' Engineering Divisiwn BRQf)KL�N Phane: 763-Sb9•3340 C.is',N7'E.12 FAX: 763-561-4955 EI�Gi��]�EER' S FEASIBLITY REPORT FOR �1 RI �.ER Wt?G►D AREA 11jEI+��BO�'I�QOD STREET AND UTI�I�'YI.r1�PRC)VEIVIE.IVTS 1 IMPRO`�EMENT FROJECT NOS, 2U07-U5, 46, 07 and 08 i 1 1 1 xHE CITY tJF BRUOKLYN CEr�R, MI�VTNESQTA 1 January 3, Z(�7 63a1 Shingle Creek Pkwy, Broaklyn Center, MN 55430-2199 City Halt TDI) Number (763) Sb9-3301� Engineer's Feasibility Report RIVERWOOD AREA NEIGHBORHOOD Improvement Project Nos. 2007-05, 06, 07 08 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that 1 am a duly Licensed Professional Engineer under the laws of the State of Minnesota t Tod A. Blomstrom, P.E. Reg. No. 26437 January 3, 2�7 Feasibility Repon Riverwood Area Neighborhood Page 1 I. BACKGROUND In 2007, the City of Brooklyn Center will be entering the 14` year of its long-range infrastructure rehabilitation program often referred to as the Neighborhood Street and Utility Improvement Program. The program has consisted of a systematic rehabilitation and/or replacement of the City's aging streets, water main, sanitary sewer, storm sewers, sidewalks and street lights. The City's Capital Improvement Program identifies the Riverwood Area Neighborhood Improvement Project for construction in 2007. The proposed project includes roadway and utility improvements within the project limits shown on Figure 1. The improvement area consists of the following streets: Willow Lane North from 73� Avenue to Interstate Highway 694 Dallas Road North from 73 Avenue North to Willow Lane North Riverdale Road North from 73� Avenue North to Dallas Road North 73` Avenue North from West River Road North to Willow Lane North 72 Avenue North from West River Road North to Riverdale Road North 70 Avenue North from West River Road North to Willow Lane North 66�' Avenue North from State Highway 252 to Willow Lane North 65` Avenue North from State Highway 252 to Willow Lane North West River Road North from 66� Avenue North to 73` Avenue North This report was prepared in response to City Council Resolution No. 2006-33 directing staff to prepare a feasibility report and collect public input for the proposed proj ect. Staff conducted two public informational meetings with residents and property owners located within the project area. The first public information meeting was conducted on November 14, 2006 and was attended by approximately 70 residents. A second public informational meeting was conducted of December 5, 2006 and was attended by approximately 60 residents. A resident survey was also distributed as part of the project evaluation process. A summary of resident comments is provided in Appendix C. II. PROPOSED IMPROVEMENTS A. STREET IMPROVEMENTS A majority of the local streets within the proposed project area were constructed between 1961 and 1968. The 7200 block of Dallas Road was reconstructed in 1985. West River RQad was reconstructed in 1990. The existing street pavement along the un-improved local streets has been in service for more than 38 years. The normal service life for bituminous pavement is approximately 25 to 30 years. These street segments are very flat and do not have concrete curb and gutter. On average, the un-improved streets are 30 feet wide with a pavement thickness of about 2 to 5 inches. Local Nei�hborhood Streets Streets within the neighborhood are aging and showing fatigue and distress, particularly along the unprotected edges. Routine street maintenance (i.e., patch and sealcoat) is no longer cost-effective for these streets based on the extent of pavement deterioration and poor pavement drainage. Simply performing overlay paving on the existing streets would not solve the drainage problems within the project area. Complete reconstruction is considered warranted. Feasibiliry Repon Riverwood Area Neighborhood Page 2 Proposed street improvements include full depth reconstruction for the existing neighborhood streets to a width of 30 feet for all streets within the project area with the exception of West River Road and the 7200 block of Dallas Road. Substantial increases in street width are not proposed due to limited right-of-way area. Pavement thicknesses would be based on the necessary structural capacity for the cunent traffic wolume. Soil conditions in the northern portion of the project area will require granular subgrade stabilization and drain tile below a majority of the street segments due to higher clay content within the existing soils. The soil conditions along street segments in the southern portion of the project area consist of higher sand content and should not need subgrade stabilization or extensive drain tile systems. The installation of concrete curbs and gutters and driveway aprons is recommended as part of the proposed reconstruction of the un-improved streets within the project area. Curb and gutter will assist in conveying storm water runoff to storm sewer catch basins. The improved drainage benefits derived from the installation of curb and gutter will significantly extend the service life of the new pavement. In addition, the existing flat street grades must be designed to provide for enhanced drainage. Proposed street improvements are shown in Appendix A. The addition of sidewalk along the west side of Willow Lane from 66`" Avenue to the terminus near Interstate I-694 is proposed as part of the project. Construction of the sidewalk will require a temporary easement along the southern portion of this roadway. Staff conducted meetings with the property owner of the apartment buildings along the south end of Willow Lane. The apartment owner appears to be receptive to the idea of adding sidewalk, but a formal agreement has not been reached as to the granting of a temporary easement to construct the sidewalk. West River Road West River Road was reconstructed in 1990 with new curb and gutter and bituminous pavement. Although the curb and gutter is performing as expected, the wear course layer (top layer) of the pavement is delaminating and crumbling along the length of the roadway. Staff has discussed this issue with Brooklyn Park engineering staff who have noted similar failures of the wear course layer on other roads constructed during the same time period. A 2-inch thick mill and overlay paving rehabilitation is proposed along West River Road extending from 66` Avenue to 73` Avenue. Overlay paving should stabilize the remaining pavement section and extend the service life for West River Road by approximately 15 years. Dallas Road The 7200 block of Dallas Road was reconstructed in 1985 with new curb and pavement. 'This segment of the street is performing as expected given the age of the pavement. Pavement cracking and surface deterioration has occurred at a normal rate. Residents along the 7200 block of Dallas Road have submitted a petition requesting the City to consider a 2-inch thick overlay along this segment of roadway to rehabilitate the street pavement consistent with the rest of the surrounding neighborhood. The petition appears to include the signatures of all residents along the 7200 block of Dallas Road with the exception of two properties. Staff has been unsuccessful in ma.kmg contact with these last two properties to discuss if they have any opposition to the overlay work and proposed special assessment. A 2-inch overlay is reasonably j ustified for this segment of roadway. The cost for the work described above is included within the current proposed scope of the project. Feasibility Report Riverwood Area Neighborhood Page 3 Traffic Traffic volumes within the project area are typical of local residential streets. Traffic counts on streets within the project area are not projected to significantly increase in the future. Major changes in local traffic patterns are not anticipated as a result of the proposed reconstruction of the neighborhoad streets. The proposed street widths indicated above would be sufficient to convey existing traffic volumes. Parkin� On-street parking along both sides of the street would continue to be allowed in accordance with the City's parking ordinances with the exception of one side of Willow Lane located south of 66 Avenue. Parking restrictions along one side of the road near the southern portion of Willow Lane would reserve more istrict trail s stem extendin under I- pavement area for bicyclists traveling between the Three Rivers Park D y g 694 to the West River Road trail system. Adequate off street parking is available for properties adj acent to Willow Lane. All streets within the project area are designated as local streets. Municipal State Aid routes are not located within the project. Therefare, Municipal State Aid funds are not available for this project. The estimated construction cost for street improvements is provided on Table 1: Project Cost and Funding. B. STREET LIGHT IMPROVEMENTS the re lacement of free standin street The neighborhood unprovement program has historically mcluded p g lights located within the neighborhood. There are currently 8 free standing street lights within the project area excluding the existing lights along West River Road. These lights consist of older style wood utility poles. Existing free standing street lights are typically replaced with 30-ft tall fiberglass poles, rectilinear light fixtures and underground power services. There are also an additional 17 street lights mounted on existing transmission poles within the Riverwood Neighborhood. Modifications to the transmission pole street lights are not proposed as part of the project. In 2005, the City began replacing street lights within residential neighborhoods with customer (City) owned lights due to significant problems with responsiveness and reliability of construction services provided by Xcel Energy. Fixture maintenance for the new lights would still be provided by Xcel Energy Several residents within the neighborhood have requested mid-block street lights along segments of roadway where the existing light spacing exceeds 700 feet. Neighborhood representatives are currently circulating petition forms consistent with the City's Street Lighting Policy. A total of three additional free standing street lights and two transmission pole mounted street lights are currently being considered by residents through the petition process. C. STORM DRAINAGE IMPROVEMENTS Local Draina�,e, The existing local storm drainage system in the project area consists of small diameter lateral storm pipes installed during the mid 1960s. This system of lateral storm drains is generally undersized in many locations based on modern design criteria. There is an insufficient nurnber of catch basin structure to collect and convey runoff from local streets. The flat topography of the project area also compounds drainage deficiencies. Feasibility Repon Riverwood Area Neighborhood Page 4 Proposed drainage improvements include an expansion of the drainage system and installation of additional pipes and catch basin structures to alleviate localized drainage problems. A majority of the existing iateral storm drainage pipes within the neighborhood would be replaced during the construction process. Trunk Storm Sewer Two large trunk storm mains convey regional drainage to the Mississippi River from an 870 acre tributary area located to the west of State Highway 252. These 72 and 78-inch diameter trunk mains have been operating for over 46 years without substantial capacity issues being identified in the past. A televised inspection was performed on the large diameter storm sewers during the initial planning phase of the proj ect. The inspections revealed that the pipes were in fair to good condition. Minor spot repairs to the trunk storm sewer pipes will be performed separately from the project either by public works staff or as a routine maintenance item by a service vendvr. Water Oualitv Treatment Proposed drainage improvements include two water quality measures to provide treatment of storm water runoff from the nei,ghborhood. Storm water runoff from the neighborhood currently flows to the existing storm drainage system and is discharged directly to the Mississippi River. Based on input from residents, the proposed project includes the installation of approximately 20 rain gardens located along the frontage of properties where owners have volunteered for these gardens. Rain gardens consist of a relatively small area of plantings within a constructed depression located behind the street curb. Rainwater is routed to the gardens from the street gutter and is filtered naturally by plants and soils in the garden. This filtration process removes nutrients and pollutants. By acting as a smali detention pond, the rain garden plants and soils also provide a natural way of reducing the amount of runoff water that flows from rooftops, lawns, driveways and streets. The proposed storm water drainage improvements also include the installation of three or four underground treatment chambers that will act to remove sediment and litter from runoff prior to being discharged into the large trunk storm sewer pipes and routed to the river. The underground treatment chambers and rain gardens are recommended for this project due to the lack of a practical location for construction of a storm water treatment pond within the project axea. D. SA1�IITARY SEWER IMPROVEMENTS The existing sanitary sewers within the project area consist of lateral sewer pipes and larger diameter trunk sewer mains. The trunk sewer mains consist of concrete pipe ranging in size from 15-inch to 21-inch in diameter. The trunk sanitary sewer within the Riverwood Neighborhood extends from the west under State Highway 2S2 along 70` Avenue, then turns south and extends along Willow Lane to Interstate Highway 694. The remaining wastewater collection system within the neighborhood consists of 8-inch diameter VCP (clay) pipes along all other portions of street within the neighborhood. During the project planning phase, all public sanitary sewer pipes were inspected with remote televising equipment. The results of the televising inspections for the larger trunk mains were also reviewed by Metropoiitan Council Environmental Services staff with expertise in the maintenance of larger diameter concrete sanitary sewer mains. Utility and Engineering Division staff determined that the large diameter trunk sewer was in fair to good condition given the amount of time that the piping has been in service. A significant amount of repairs or rehabilitation is not proposed for the trunk sewer system within the neighborhood. Feasibility Report Riverwood Area Neighborhood Page S The remaining portion of the sanitary sewer collection system consisting of the 8-inch diameter clay sewer pipe is proposed to be replaced as part of the project. City maintenance records dacument problems with tree root intrusion, groundwater infiltration and some structural defects in the sewer mains. Groundwater infiltration and root intrusion is occurring at the connection point of sewer services to the mainline sewer at several locations. Surveys received from residents also indicate some occurrences of sewer service line blockage that can often be attributed to root penetration of the pipe joints and connection points. Staff has compared costs of complete replacement of the lateral sewer system vs. repair and replacement of specific problem areas only. Because of construction methods, mobilization costs, and in consideration of the extent of repairs required, it has been determined that complete replacement is cost effective for the long- term operation of the sanitary sewer system. In accordance with past construction practice, individual service lines between the sewer main and the property line would also be replaced. The estimated construction cost of sanitary sewer work is provided on Table 1. E. WATER SYSTEM IMPROVEMENTS The City's record plans indicate that a majority of the water distribution system in this particular neighborhood was installed between 1965 and 1969. The existing water main is 6-inch and 8-inch diameter cast iron pipe. The use of cast iron pipe for water main was generally discontinued in the early 1970s due to its brittle structural strength properties. A high rate of water mam breaks has occurred wrthm the Riverwood Area Neighborhood. City records include a total of 26 water main breaks in the area. Due to the rate of water main breaks and some reports of poor water quality in the neighborhood, the proposed utility improvements include replacement of all water main located east of West River Road, with the exception of the water main located along the 7200 block of Dallas Road. The proposed improvements also include the replacement of water services extending from the water main in the street to the water curb stop located at the front property line. The estimated construction cost for the proposed water improvements is provided on Table l. III. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $4,771,000. Table 1 provides a summary of the estimated proj ect costs and recommended funding amounts from various sources shown in the table. Funding for the project is further described below. A. Costs and Funding for Street Improvements The estimated project cost of roadway improvements for all streets in this project area is $2,632,000. This preliminary estimate includes the cost for project administration, legal, engineering, construction contingency, and refarestation. Special assessments for street improvements are proposed in accordance with the 2007 rates adopted by the City Council. The standard 2007 residential street assessment rate is $3,200 per R1 zoned residential property. These rates would be assessed to all benefited residential properties as shown on the preliminary Feasibility Repon Riverwood Area Neighborhood Page 6 assessment schedule provided on Appendix B. Seven RS zoned properties are located along the southern portion of Willow Lane. Assessment levies for these RS properties were calculated in accordance with the City's special assessment policy and the amounts are provided in Appendix B. A total of ten residential properties were determined to meet the definition of "legally subdividable" based on their existing lot dimensions. Section 2.B of the City's Special Assessment Policy states "For properties which may be legally subdividable into two or more lots, the assessment to be applied shall equal the maximum number of lots allowable times the unit assessment" Proposed special assessments for these properties were calculated based on the number of subdividable lots. As noted in Section II. A of this report, the City has received a petition for mill and overlay pavement improvements along the 7200 block of Dallas Road. The special assessment rate for this work was calculated to be $390 per adjacent property based on applying the City's Special Assessment Policy to the estimated cost for the mill and overlay work. The petition acknowledges that the requested overlay work would result in a special assessment of $390. The cost for this work has been included in the project cost and funding estimate provided on Table 1 and in the draft special assessment levy roll in Appendix B. The overlay pavement maintenance work for West River Road was previously reviewed by the City Council on November 13, 200b. The City Council determined that the overlay is essentially considered unscheduled street maintenance work and should be funded by the Street Reconstruction Fund. Special assessments for the pavement overlay work along West River Road are not included in the draft Special Assessment Levy provided in Appendix B of this report. On this basis, a total estimated special assessments amount of $603,576 would be levied for street improvements. The remaining street construction costs would be funded from the Street Reconstruction Fund. The cost for curb and gutter, common excavation and granular borrow are considered drainage improvements for the local roadways. Funding for these drainage improvements as well as for turf restoration within the project area are proposed to be funded by the Storm Drainage Utility as noted on Table l. B. Costs and Funding for Storm Drainage System Impravements The total estimated cost for storm drainage improvements within the Riverwood Neighborhood Area is $642,000 plus the cost for curb and gutter, common excavation, granular borrow and turf restoration as noted above. This preiiminary estimate includes the cost for project administration, legal, engineering and construction contingency. Special assessments for storm drainage improvements are proposed in accordance with the 2007 rates I adopted by the City Council. Application of this rate to properties benefited by these improvements will result in estimated special assessments of $960 per R1 zoned residential property. These rates would be assessed to all benefited residential properties as shown on the preliminary assessment schedule provided on Appendix B. Multiple special assessment units are proposed for legally subdividable properties as described in the preceeding section. Additional storm drainage assessments are not proposed for properties located along West River Road or along the 7200 block of Dallas Road that previously received a special assessment for the 1985 or 1990 street and storm drainage improvements. Qn this basis it is estimated that special assessments totaling $179,327 would be levied for storm drainage improvements. The Storm Sewer Utility should fund the remaining cost for storm sewer improvements. Feasibiliry Repvrt Riverwood Area Neighborhood Page 7 C. Costs and Funding for Sanitary Sewer, Water Main and Street Light Improvements The estimated cost of sanitary sewer improvements is $630,000, the estimated costs for water main improvements is $784,000 and the estimated cost for street light replacement is $33,000. As previousiy noted, these total cost estimates include the cost for project administration, engineering and construction contingency. All costs for water, sanitary sewer and street light improvements should be funded by their respective utility funds, in accordance with established policy for such improvernents. IV. RECONIlVIENDED PROJECT SCHEDULE The followin relimin schedule is rovided for the ro'ect based on ast history of public improvement g P �'Y P P J P projects of the same scope and size. Action Target Date City Council Receives Feasibility Report Declares Cost to be Assessed and January 8, 2007 Calls for Public Hearings Council Holds Public Hearing, Authorizes the February 12, 2007 Project and Orders Preparation of Plans and Specifications 1 City Council Approves Plans and Specs February 26, 2007 Authorizes Advertisement for Bids City Receives and Opens Project Bids Apri14, 2007 City Council Considers Award of Contract Apri19, 2007 Start Project Construction May 15, 2007 Construction Substantially Complete October 19, 2007 I V. CONCLUSIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, welfare, and economic health of the entire community. As a result of the infrastructure needs described, and the proposed solutions and estimated costs provided in this report, the proposed project is considered to be necessary, cost effective, and feasible. Feasibiliry Repon Riverwood Area Neighborhood Page 8 r Table 1: Cost and Funding improvement Project Nos. 2007-05, 06, 07, 08 Riverwood Area Neighborhood Improvements Revised December 20, 2006 Sanitary Water Storm Street Estimated Streets Sewer Main Drainage Lights 7otal Estimated Expenditures Estimated Construction Cost (No� 2� $2,359,000 $570,000 $710,000� $627,000 $31,000 ;4,297,000 Contingencies $118,000 $29,000 $36,000� $31,000 $1,000 5215,000� Administration, Engineering Legaf $127,000 $31,000 $38,000� $34,000 $1,000 S2S1,�00 Reforesta#ion $28,000 �28,000 I t Total Estimated Project Costs (Feasibility) $2,632,000 $630,000 $784,000 $692,000 $33,000 54,771,000 Estimated Revenue Street Special Assessments $603,576 5603,576 Storm Drainage Special Assessments $179,327 5179,327 Sanitary Sewer Utility Fund $630,000 E630,000 Water Utility FuRd $784,000 ;784,000 Storm Drainage Utility Fund (Noce $670,978 $512,673 51,183,651� I Street Light Utility Fund $33,000 5�3,000 Street Construction Fund $'1,357,446 51,357,446 Municipal State Aid S�� Total Estimated Revenue (Feasibility) $2,632,000 $630,000 $784,000 $692,000 $33,000 54,771,OOQ Notes 1.) Cost of curb gutter, common excavaUon and granutar botrow drainage improvements and all turt restoration allocated to storm drainage utitity 2.) 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"r: 311Y� �IL IYw 11011�f1Y1lIIOD Q x—x—x—x—.u--x--x—X—#—x—x---... -:€a"���` ayor+aorw�vavr�s x—x a. naurooi wun ownie�aan TM `—x—x—x—x—x—x—x---x— �r.imayrA�tm��v+unao X_ tm x x x. X✓ x AI�Y�IICIY�Or/00 1 �tva atrun aavss�s a�eo siiraa�a crv ��o .Q'6 AYWNO QIY T1F ...r•, L0rO00 B�IB 7W AL;70i MIRIBIY 7LL Y111YY� IIDYdfYpq� Y1 YY �LL JI� QNI�IRi3 [lfi7�b ItlM LL (�w�(.j N m�o f�w �131 YY \J Y Q�/YQ �I\ 4a9 io a�n wwn� r� ime s+m wrw nr N�nunrorw xuun nv�eros aw 1 1 �ppendix B 1 1 1 i 1 1 1 1 1 1 i 1 Feasibility Report Riverwood Area Neighborhovd CITY QF BFtQQ�C4YN1 C�NTER PRaPO$�4:P�NptNCt ASS�SSM6I+IT R01;1. 211:?/2007' RiV�RWQOD #EiGWB�F�MOOD IMPI�QV�MENT:PROJ�GT: 2QQ7-05 !?f PI�QR�RTY IfY AClDtZESS L��f:# �TFtEE�' L��` ;::STDJZl4€ I I I I I PIO: 2511921410001 �7243 RIVERDALE RD I 16816 $3,200.00 16817� $960.00 PIQ: 2511921410003 �7124 RIVERDALE RD I 16816 $6,400.00 16817� $1,92�.00 �iD:25��92�a�000a �7118 RIVERDALE RD 16816 1 $6,400.00� 16817� $1,920.00 PID: 2511921410005 7136 WILLOW LA N 16816 $3,200.00� 16817I $960.00 PID: 2511921410006 7130 WILLOW LA N 16816 $3,200.00� 168171 $960.00 PID: 2511921410009 �7200 RIVERDALE RD I 16816 $6 ,400.00I 16817 $1,920.00 PID: 251 1 92 7 41 001 0 �7201 W�LLOW LA N I 16816 $3,200.00� 16817 $960.00 PID: 2511921410011 �7200 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PiD: 2511921410012 �7207 RIVERDALE RD 16816 $3,200.00� 16817� $960.00 PID:2511921410013 �7201 RIVERDALE RD 16816 $3,200.00� 1�$17� $960.00 PID: 2511921410Q14 7125 RIVERDALE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921410015 7119 RIVERDALE RD 16816 $3,200.00� 16817� $960.00 PID:2511821410017 �7125 WILLOW LA N 16816 $3,200.00� 16$17� $960.00 Pio:2s��s2�aioo�a �7119 WILLOW LA N I 16816 I $3,200.001 168171 $960.00 PID: 2511921410019 �7113 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921410020 �7109 WILLOW LA N 16816 $3,200.00� 16817I $960.00 PID: 2511921410021 �7105 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 2511921410022 �7101 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 2511921410023 �7108 RIVERDALE RD I 16816 $3,200.00� 16817I $960.00 PID:25119214t0024 (7110 RIVEROALE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921410025 �7112 R�VERDALE RD 16816 $3,200.00� 16$17� $960.00 PID: 2511921410026 �7124 WILLOW LA N 16816 $3,20�.00� 16817� $960.00 PID: 2511921410027 �7118 WILLOW LA N 16816 $3,200.00� 16817I $960.00 PID: 2511921410028 �7112 WILLOW LA N I 168�6 I $3,200.001 168�71 $960.00 PID: 2511921410029 �7106 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921410030 �7206 RIVERDALE RO 16816 $6,400.00� 16817 $1,920.00 PID:2511921410031 �7207 WILLOW LA N 16816 $3,200.OQ) 16817 $960.00 PID: 2511921470032 �7206 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID:2511921410033 �7242 WILLOW LAN I 16816 $3,200.00� 1681�� $960.00 PIfl:2511921410034 {7236 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921410035 �7230 WILLOW LA N 16816 $3,200.00� 168171 $960.00 Pld: 2511921410036 �7224 WILLOW LA N 16816 $3 ,200.001 168171 $960.00 PID: 2511921410037 �7212 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921410038 �7243 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921410039 �7237 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921410040 �7231 WiLLOW LA N I 16816 $3,200.0�� 168171 $960.00 PID: 2511921410041 �7225 WILLOW LA N 16816 $3,200.00 16817� $960.00 PID: 251 t921410042 f 7221 WILLOW LA N 16816 $3,200.00 16817I $960.00 PID: 2511921410043 �7215 WILLOW LA N 16816 $3,200.00I 16817� $960.Q0 PIO: 2511921410044 �7211 WILLOW LA N 16816 I $3,200.00� 168'17� $960.00 PID: 2511921410045 �7212 RIVERDALE RD I 16816 $3,200.00� 16817I $�60.00 PID: 2511921410046 �7216 RIVERDALE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921�i10047 �7222 RIVERDALE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921410048 �7226 RIVERDALE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921410049 �7230 RIVERDALE RD 16816 $3,200.Q0� 16817� $960.00 PID: 251192t410050 �7236 RIVERDALE RD 16816 $3,200.00� 16$17� $960.00 PiD: 2511921410051 �7242 RNERDALE RD 16816 $3 ,200.00I 16817� $960.00 P10: 2511921410052 �207 73RD AVE N I 16816 $3,200.00� 168171 $960.00 PID; 2511921410053 �7237 RiVERDALE RD 16816 $3,200.00� 16817I $960.Q0 PID: 2511921410054 �7231 RIVERDALE RD 16816 $3,200.00� 16817I $960.00 PID: 2511921410055 �7225 RIVERDALE RD 16816 $3,200.00� 16817� $960.00 Page 1 CITY QF BFtOOKi.YN G�N-�'ER PR(�POS�{?:P�Np1NCt ASS�SSMENT RQ(,I�: 211:7J2otf7:: 0 RtYERWOOD :1�E1 HB G. ORM80D I iMP�o�r�n��Nr P�a.���r: aoo7�os o& �i� j p�tOR�RTY:I� LkCIDR��S L��/5! �1 StEt�E� LEa/lf.# 5�'C}i�lf� PIO: 251192141fl056 �7221 RIVERDALE RD 16816 $3 ,200.00I 16817� $960.00 PI :2511 4 D 921 10057 7215 RIVERDALE RD 1 I I se�s I $s,2oo.001 �ss��1 $sso.00 PID:2511921410058 �7211 RIYERDALE RD 16816 $3,200.00� 16817� $960.00 PID: 2511921410060 �7111 RIWERDALE RD i 16816 $3,200.0�� 16817� $960.00 PID:2511921410061 �7137 WILLOW LAN 16816 $3,200.00� 168171 $960.00 PID:25i1921410062 I7216WI�LOWIAN 16816 $3,200.00� 16817� $960.00 PID:2511921420016 �30172NDAVEN 16816 $3,200.00� 16817� $960.00 PIp: 2511921420017 �7119 DALLAS RD I 16816 $3,2��.��� 16817� $96�.�� PID: 2511921420020 �7105 RIVERDALE RO 16816 $3,200.00� 16817� $960.00 PID: 2511921420021 �7100 DALLAS RD 1681Fi $3,200.00� 168171 $960.00 PID: 2511921420022 �7106 DALLAS RD I 16816 $3,200.00� 16817� $960.00 PID: 2511921420024 �7118 DALLAS RD I 16816 $3 ,200.00� 16817� $960.00 PID: 2511921420025 �7124 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921420060 �7112 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430006 �7006 DALLAS RD I 16816 $3,200.00� 16817 $960.00 PID: 2511921430007 �7000 DALLAS RD 16816 $3,200.00� 16817 $960.00 PID: 25t1921430008 �7007 DALLAS RD I 16816 $3,200.00� 16817I $960.00 PI�:2511921430011 �7001 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430016 �6941 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921430017 �207 70TH AVE N 16816 $3,200.00 168171 $960.00 PID: 2511921430018 �215 70TH AVE N 16816 $3,200.00 16817� $960.00 PID: 2511921430019 �301 70TH AVE N I 16816 $3,200A0� 16817� $960.00 PID: 2511921430020 �307 7UTH AVE N 16816 $3,200.00� 16817� $960.00 PID: 2511921430021 �315 70TH AVE N I 16816 $3,200.00� 16817� $960.00 P1D: 2511921430022 �6925 WILLOW LA N 16816 $3,200.00) 168171 $960.00 PID: 2511921430023 �6919 WILLOW LA N 16816 $3,200.00� 16817I $960.00 PID:2 5 1 1 92 1 430024 �6911 WILLOW LAN 16816 $3,200.00� 16817� $960.00 PID: 2511921430025 �6931 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921430026 �6937 WILLOW LA N 1 16816 $3,200.00� 16817) $960.00 PID: 2511921430027 16930 DALLAS RD 16816 $3,200.00� 168171 $960.00 PID: 2511921430028 �6926 DAILAS RD 16816 $3,200.Q0� 16817� $960.00 PID: 2511921430029 +6918 DALLAS RD I 16816 $3,200.00� 16817I $960.00 PID:251t921430030 (69t0 QALIAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430031 �6900 DALLAS RO I 16816 $3,200.00� 168171 $960.00 PID: 2511921430032 �6931 DALLAS RD I 16816 $3,200.00� 16817� $960.00 PID: 2511921430033 f 6925 DALLAS RD 16816 $3,200.001 16817 $960.00 PID: 2511921430034 �6917 DAILAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430035 �6911 DALLAS RD I 16816 $3,200.00� 16817� $96Q.00 PID: 2511921430036 �6901 DALLAS RD 16816 1 $3,200.00� 16$17� $960.00 PID; 2511921430041 �7031 DALLAS RD I 16816 $3,200.Q0� 16817� $960.00 PID: 2511921430042 �7019 DALLAS RD 16816 $3,200.00� 16817� $96Q.00 PID: 2511921430043 �7011 DALLAS RD 16816 $3,200.00� 16817I $960.00 PID: 25 1 1 921430046 �7012 DALLAS RD I 16816 $3,200.00� 16817) $960.00 PID: 2511921430047 �7020 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 2511921430048 �7028 DALIAS RD I 16816 $6 ,400.001 168171 $1,920.00 PID: 2511921440001 �7032 WILLOW LA N 16816 $3,200.00� 16817I $960.00 PID: 2511921440002 �6934 WILLOW LAN 16816 $3,200.00� 16817� $960.00 PID: 2511921440003 �6930 WILLOW LA N 16816 1 $3,200.00� 168171 $960.00 PID: 2511921440004 �6900 WILLOW LA N 16816 $3,Z�fl.��� �6817� $96�.�� PID: 2511921440005 �7006 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 2511921440006 �7000 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921440007 �7007 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 Page 2 CITY:pF BFtQOt(1.YN: C�NT.�F2 PR(�POSED:P�NRIIdCt ASS�SSMENT Rpt;L 2/12/2007::: 0 RiV&RWQOD P(EIGHBDi�MOOD C�*� 1 I IM?�py�MENT P�O��GT �oQ7 0� 06 �i Pf�OPERTIf l� AQbRESS 1�1lY ,:;5�'RE�' LE�If` $T�M�.:::. PID: 2511921440008 �7001 WiLLOW LA N 16816 $3,200.00I 16817� $960.00 PID: 2511921440010 �6940 WILLOW LA N 16816 $6,400.00� 16817� $1,920.00 PiD: 2511921440011 �6924 WILLOW LA N I 16816 $3,200.00� 168171 $960.00 PID: 2511921440012 �6918 WILLOW LA N I 16816 $3,200.00 16817� $960.00 PID: 2511921440013 �6910 WILLOW LA N I 16816 $3,200.00 16817� $960.00 PID: 2511921440014 �7041 WILLOW LA N I 16816 I $3,200.00� 16817� $960.00 PIO: 2511921440015 �7035 WIILOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921440016 �7029 WILLOW LA N I 16816 $3,200.00� 16817I $960.00 PID: 2511921440017 �7023 WILLOW LA N 16816 $3 ,200.00I 16817I $960.00 PID: 2511921440018 �7017 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 2511921440019 ,7011 W{ILOW LA N 1 16816 $3,2Q0.00� 16817� $960.00 PID: 2511921440020 �7100 RIVERDALE RD 16816 $3,200.00� 16817� $960.Q0 PID: 25 9 1 921440021 �7104 RIVERDALE RD I 16816 $3,200.00� 16817� $960.00 PID: 2511921440022 �7100 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 2511921440023 7036 WtLLOW LA N J 16816 $3,200.00� 16817� $960.00 PID: 2511921440026 LOT 001 BLOCK 001 I 16816 $3 ,200.001 16817{ $960.00 PID: 2511921440027 �7012 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 3611921120001 �LOT 0020 6LOCK 000 16816 $3,200.00� 168171 $960.00 PID: 3611921120004 �6858 WILLOW LA N 16816 $3 ,200.00I 16817� $960.00 PID: 3611921120005 �6858 DALLAS RD 16816 $3,200.00� 16817 $960.00 PID: 3611921120006 �6850 WILLOW LA N 16816 $3,200.00� lF)817 $960.00 PID: 3611921120007 �6845 WILLOW LA N I 16816 $6,400.00� 16817 $1,920.00 PID: 3611921120009 �6854 WEST RIVER RD 16816 16817 960.00 I I 3 200.001 I PID: 3611921120010 �6830 WILIOW LA N 16816 $3,200.00� 16817� $960.00 PiD: 3611921120011 �6842 WEST RIVER RD 16816 $9,600.00 16817� $2,880.Q0 PID: 3611921120012 �6800 WILLOW LA N 16816 $3,200.00 168171 $960.00 PID: 3fi11921120013 (6732 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 3611921120014 �6730 WILLOW LA N 16816 I $3,200.00� 16817� $960.00 PIO: 3611927120015 I6724 WILIOW LA N I 16816 I $3,200.001 16817� $960.00 PtD: 3611921120016 �6720 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 3611921120050 �6807 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID:361 192 1 1 20051 �6801 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 3611921120061 �6857 DALLAS RD 16816 $3,200.00� 16817� $960.00 PID: 3611921120063 �6733 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 3611921120066 �6725 WILLOW LA N I 16816 $3,200.00� 168171 $960.00 PID: 3611921120067 �6721 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 PID: 36 7 1921 1 20069 �6729 WIL.LOW LA N I 16816 $3,200.�0� 168171 $960.00 PID: 381192113�005 �6536 WILLOW LA N 16816 $6,400.00� 16817� $1,920.00 PID: 3611921130021 �6620 WILLOW LA N 16816 $3,200.00� 16817I $960.00 PID: 3611921130022 �6600 WILI.OW LA N 16816 $3,zQ0.00� 16817� $960.00 PiD: 3611921130023 �6552 WILLOUdI LA N 16816 $3,200.00� 16817� $960.00 PID: 3611921130024 �6546 WILLOW LA N 16816 $3,200.�0� 16817� $960.00 PIO: 361192t140001 �6524 WILLOW LA N I 16816 I $3,200.001 168171 $96�.00 PID: 3611921140002 �6518 WILLOW LA N 16816 $3,200.00� 16817� $960.00 PID: 3611921140003 �6512 WILLOW LA N 16816 $3,200.00 16817� $960.00 PID: 3611921140004 I6506 WILLOW LA N I 16816 $3.200.00 16817� $960.00 PiD: 3611921140005 �6500 WILLOW LA N 16816 I $3 ,200.00I 16817� $960.00 PID: 3611921410001 �6432 WILLOW LA N 16816 I $3,200.00� '16817� $960.00 PiD: 3611921410002 �6424 WILLOW LA N 16816 $3,200.00� 168171 $960.00 PID: 3611921410003 �6416 WILLOW LA N I 16816 $3,200.00� 16817� $960.00 Pio: ss>>sz�a�000a I6408 WILLOW LA N I 16816 I $3,200.001 168171 $960.00 PID: 3671921410005 �saoo wi��.ow ua r� 16816 $3,200.001 168171 $960.00 Page 3 �ITY pF �f�QOK1.YW C�NTER PR(�POS�4:P�NptNCs ASS�SSM�WT RO�;L 2��:2noa� 0 RtVERW�OD NEfGHB�aM�OD tMP1�0UEMtENT PRQ.i�GT: 2Q47-QS O6 1�/� PFtOP�R7'3! II) A[�DIZ�3S L��# ST[�2EE�' LE�II'` S'TC3RN� PID: 3611921410006 �6358 WILLOW LA N 16816 $3,200.0�� 16817� $960.00 PID: 3611921410007 �6354 WILLOW LA N 16816 $3,200.0� 16817� $960.00 PID: 3611921410009 �6448 WILLOW LA N 16816 $3,200.00 16817� $960.00 PID: 3611921410010 �6440 WILLOW LA N 16816 $3,2Q0.00� 16817( $960.00 PID: 3611921420007 (201 65TH AVE N I 16816 $7,400.00 168171 $2,252.00 PID: 36 1 1 92 9 420008 �207 65TH AVE N 16816 $7 ,400.00 I 16817� $2,252.00 PID: 3611921420009 �215 65TH AVE N I 16816 $8,665.00 I 16817� $2 ,637.00 PID: 3611921420010 �6425 WILLOW LA N I 16816 $6,082.00 168171 $1,851.00 PID: 3611921420011 �sa17 wiLLOW i.a N I 16816 I $7,787•00 16817I $2,370.00 PID: 367192t420012 �6409 WILLOW LA N I 16816 I $8,�96.�� 16817� $2 ,464.00 PID: 3611921420013 �64Q1 WIL�OVU LA N 16816 f $10,716.00 16817� $3,261.00 Subtotal $596,946.00 $179,327.00 PID: 2511921420012 �7200 QALLAS RD 16816 I $390,00� $0.00 PID: 2511921420014 �7201 DALLAS RD I 16816 I $390.001 $0.00 Plp: 25 7 1 92142001 1 �7208 DALLAS RD 16816 I $390.00I I $0.00 PiD: 2511921420039 �7211 DALLAS RD 16816 $390.00� $0.00 PID: 2511921420026 �7212 DALLAS RD I 16816 $390.00� $0.0� PID: 2511921420038 �7215 DALLAS RD I 16816 I $390.001 $0.00 PID: 2511921420027 �7216 DALLAS RD 16816 I $390.00� $0.00 PID: 2511921420037 �7221 DALLAS RD I 16816 $390.00� $0.00 PID: 2511921420028 �7222 DALLAS RD I 16816 I $390.001 $0.00 PID: 251192142Q036 �7225 DAILAS RD 16816 I $390.00I $0.00 Pio:25iisz�a2oozs �7226DALLASRD I �68�6 I $39o.o0I I $0.00 PID: 2511921420030 �7230 DALLAS RD 16816 I $390.001 I $0.00 PiD: 2511921420035 �7231 DALLAS RD 16816 I $390.001 $0.00 PID: 2511921420034 �7237 DALLAS RD I 16816 $390.00 $0.00 P1D: 2511921420031 �7238 DALLAS RD 16816 I $390.00 $0.00 PID: 2511921420032 �7242 DALLAS RD I 16816 I $390.00I $0.00 PID: 2511921420033 �7243 DALLAS RD 16816 I $390.00I $O.QO Subtotal $6,630.00 $0.00 Total Project Assesments $603,576A0 $179,327.00 Page 4 Append�x C 1 1 1 1 1 1 1 1 1 1 i 1 Feasibility Repon Rivenvood Area Neighborhood J TO THE CITY COiJNCIL OF THE Date: vl �loc1 O!o CITY OF BROOKLYN CENTER PETITION FOR STREET IlVIPROVEMEIVT 7200 BLOCK OF DALL,AS ROAD THIS IS TO ACKNOWLEDGE THAT WE, the undersigned, owners of real ro 7200 block of Da11as Road, are requesting a pavement mill and overlay street improve ent ai ng the 7200 black of Dallas Road. Pavement improvements along the 7200 block of Dallas Road 1 are not currently included in the proposed 2007 Riverwood Area Neighborhood Project. We hereby petitioa t6e City Council to APPROVE t6is street improvemen� We understand that it is the policy of the City Council that street improvements ate funded, in part, by special assessment to adjacent properties. The special assessment rate for the requested 2-inch thick rnill and overlay pavement improvement is currently estimated to be $390 per resident lot. UWNER'S SIGNATURE PROPERTY ADDRESS PHUNE NO. r 1 7200 Dallas Road '7cp 3- S(pl R 1�$ 2 ��til�- 7201 Dallas Ro�,d �3 5�0 j�`5 g 3 f 7208 Dallas Road 4 7211 Dallas Road S. 212 Dallas Road 6, 721�5 Dallas Road 7C� j �,�7 75 �/lc 4��C�- 7216 Dallas Road C 5� r u�t� g 7221 Dallas Road 9. 7222 Dallas Road io. J 7225 Dallas Road 7t�a--�-� -c�E-� 11. ?226 Dallas Road 12. 723 0 Dallas Road L ��p(�p �j� 13. 7231 Dallas Road 7 14. GU,�_� 723 7 Dal las Road 3 Ci 3��r 7 15. 7238 Dallas Road S( ,c'� 16 7242 Dallas Road 17. �.�.:-'4>� 7243 Dallas Road .�i (�C TO THE CITY COUNCIL OF 1'HE Date: I, CTTY OF BROOKLYN CENTER PETITION FOR STREET IMPROVEMENT 7200 BLOCK OF D ALLAS ROAD THIS IS TO ACKNOWLEDGE THAT WE, the undersi ed, owners of real ro wi Sn p thm the 7 Pe�' I 200 block of Dallas Road, are requestmg a pavement mill and overlay street improvement along the 7200 block of Dallas Road. Pavement improvements along the 7200 block of Datlas Road are not cutrently included in the proposed 2007 Riverwood Area Neighborhood Project. We hereby petition the City Council to APPROVE t6is atreet improvemen� We understand that it is the policy of the City Council that street improvements are funded, in part, by spe�cial assessment to adjacent properties. The special assessment rate for the requested 2-inch thick mill and overlay pavement improvement is currently estimated to be$390 per resident lot. OWNER'S SIGNATURE PROPERTY ADDRESS PHONE NO. 1 7200 Dallas Road 2 7201 Dallas Road 3 7208 Dallas Road 4 7211 Dallas Road 5 7212 Dallas Road 6 7215 Dallas Road 7216 Dallas Road g• 7221 Dallas Road 9 7222 Dallas Road 10. 7225 Dallas Road 11. 7226 Dallas Road 12• 7230 Dallas Road 13. 7231 Dallas Road 14. 7237 Dallas Road 15. 7238 Da11as Road 16. 0._._ ��,�-Q.�tn�a_, 7242 Dallas Road La5 7 '7 �—D 1 7243 Dallas Road suRVEy i This survey will help the City of Brooklyn Center engineering staff to better understand the infrastructure needs in your neighborhood. Please return this survey by November l, 2006. You may also contact us at 763-569-3340 to discuss these issues. Thank you for your cooperation. 1. Our televised sewer inspections typically identify several sanitary sewer services with moderate to severe root infiltration. Have you experienced any problems with sanitary sewer service, such as the line plugging or having the service cleaned out to the street? How often? 2. Typically, improvements to the storm drainage system are needed. Do you have a problem with drainage or flooding in the street, your yard, your basement? 'i 3. Do you experience problems relating to the water distribution system such as water pressure, taste, odor, or color? 4. Do you have a lawn irrigation (or sprinkler) system located within your properry? Please circle one Yes No 5. Do you have a sump pump in your basement? Please circle one: A. Yes, my sump pump runs frequently (at least once every day) B. Yes, my sump pump runs less frequently C. No, I do not have a sump pump or do not use my sump pump 6. Rain Gardens Based on initial input from residents, the City will consider the use of rain gardens as an alternative method for storm water management within the Riverwood Neighborhood. Rain gardens are generally described as small ponding areas, constructed along the edge of the street, that are used to collect and infiltrate a portion of storm water runoff from yards and pavement areas. The purpose of the proposed rain gardens is to reduce the amount of pollutants and water runoff that are typically discharged from residential neighborhoods to downstream surface waters. The proposed program would involve the construction of rain gardens by the City's contractor. The City would provide planting materials. The adjacent property owner would be responsible for installing the plant materials, performing routine maintenance of the plant materials and litter removal within the rain garden. More information about rain gardens will be provided at the neighborhood informational meetings. Rain gardens will only be constructed at the request of the property owner. The installation of rain gardens will not be mandatory. Please circle one: A. Yes, I am interested in having a rain garden located along the frontage of my property. B. No, I am not interested in having a rain garden in front of my property. 1 7. Do you have any comments regarding an extension of a pedestrian trail system along the southern portion of Willow Lane to connect the Three-Rivers trail to the West River Road trail system? 8. What other concerns do you have? Should you have questions or need more information, please contact the engineering division at 763- S69-3340. Your name: Address: 1 Please return by November 1, 2006 to: Engineering Division City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FAX 763-561-0955 1 r w i Sum�of Resident Survey RIVERWOOD NEIGHBORHOOD x r t r No No No No No No We bike roller Ruining the quaint, bucolic nature of blade the trail and the the neighborhood. street works just fine. �NlA �N/A �Brown water �No �No �No rN1A Water quality biggest problem. 3or 4 times in 35 yrs. N/A Yes. Color geu bad�No No No Seems like a good N/A and black particles idea. Too bad it clog the aerators couldn't be put along and durnp into the edge of 252 right of bathtub. way between 66th section beneaYh I- 694. a '�T6, �lya�tl� -n._ I E,.: z 107 70th Ave �No �No No �No No �No �N/A �N/A 215 70�' Ave 'No �No �No f Yes INo +No INo �Would like underground utilities. 312 70�' Ave �No �No �No �No �No �No �No �No I 301 72 Ave No No No No Yes, runs very little N/A No N/A in Sprinf�. 7.�." r!-u�'tt r I �r x (Depe,, �6910 Dallas Rd �No �No �No� �No �No Yes nds on cost. �Wouldn't live anywhere else. 6917 Dallas Rd No Garden north of house No No Yes, in summer Yes, if desirable Definitely want it. Want additional street lights and want floods significanNy in multi times daily location. to limit the number of garbage S�rinQ. when it rains. haulers in the area. 7006 Dallas Rd Kitchen line plugged No No No No Yes Signs and street N/A last FaIL markings would be sufficient. 7019 Dallas Rd Cleaned every 2 yrs. No No No Yes, less frequently No N/A N1A as preveotative exceptfor maintenance. urolon¢ed rain. 7010 Dallas Rd Na No No No Yes, less frequenUy Yes No No I 7100 Dallas Rd No No Rusty when No No Yes No Get rid of many of the low rent hydrants are apartments. Move bus station away f7ushed. from Brookdale. I 721 S Dallas Rd 1— 1998 Water at end of D/W after No No Yes, less frequently Yes No Will there be tree removal? Who'll I rain and snow melt. pay €or removal? How far back from street will trees be removed? 1 12/26/2006 i +�w r �w Summ�of Resident Survey x ��tr� r z �r d� ''��`ta�i�r 'Y� n ��.a '3�' i r <a a'� �mr'�x�_�,��� i 1 7238 DaUas Rd Every 3-4 yrs. Backyard flooding 3x in No Yes No No People still bike on I strongly recommend an overlay due Plumber said it does 12 yrs. the road and ignore to spider cracks and expansion cracks not have proper pitch the path. even if our area is not totaliy redone. Do not want patching. 7243 Dallas Rd No No No No N/A No No Do we have to pay this assessment? Our house faces Dallas Rd. and already has curb and gutter and storm sewer done in about 1986. i I 1 I I I I I a 1 r _,.y. r 4, a� r�, 7108 Riverdale Rd INo INo No No No �Yes �No None 7112 Riverdale Rd No Basement sump pump Use our own No Yes, less frequently Yes We enjoy the trail. BetGer lighting. Too many potho}es. heips and in yard sump Bubbler. We prefer rounded curbs. Put up a pump runs when it rains. real fence in front of Riverdale Townhomes. 71 /8 Riverdale Rd One time Flooding in street at D/W. No No No No Who pays? Do not wan[ to lose any of property to repairs. How am I to pay for this? 7100 Riverdale Rd Yes every other year. No Sometirres we No No No No Water is very hard. have a rust color. Sometimes around Sept-Dec rotton egg smell in bathroom faucet. 7125 Riverdale Rd No Flooding in yard and No No Yes, less frequently No N/A How long will project take and how between two houses do we get into our houses? How wiil durine heaw rain. our mail be delivered? 7231 Riverdnle Rd No No No Yes No No I don't want to pay We've been paying for street lights on for it as I'll never use our utility bills and wedon't have any it. Riverwood lights except on comers. Lack of code Neighborhood does enforcement as far as commercial not speak for trucks being parked on sireet every evetyflne. evening and weekends. '7236 Riverdale Rd �Once �No �No f No (No INo f No IN/A 7137 Riverdale Rd No Yes. Street doesn't drain No Yes Yes, runs N/A No Need more street ligh[s. Will we in spots. In spring get frequently. have opportuniry to underground standing water in yard. utilities? At what cost? I would like a wider aoron. r �i��� s 3� 6500 Riverwood La No No No Yes No Already have a Can't imagine how Would like a sidewalk for the many basin on my this can work. people who walk to work or school property. Presently everyone from the apartments. They waik on walks on road. my propeRy or down middle of street. Not interested in paying any assessments. Pay them yourself. 2 12/26/2006 Summ f Resident Survey a� ^5 :�f' w�� r a w 2 �v_ .,m.� 6518 Riverwood La �No �No �No IYes �No �N/A (No �Cost of assessmenis. 6524 Riverwood La No new No No Yes No No It would be an N/A devalopment. imnmvement. 6555 Riverwood La No No No Yes No Yes I wonder where along Would city consider building a Willow Lane the trail sidewalk along south side of 66th would be. Ave. between Hwy. 252 Willow Lane7 6561 Riverwood La No No No Yes No N/A Don't want it to cross I use a wheelchair and would be or detract from my against modifications restricting property. access to my property even temnorarilv. i t I I 1 I I I v ,.+s�' n� s °.1 .R 6700 W. River Rd �Every 2 3 yrs. �No �No No No �No �Would be n�ce. �NIA 6724 W. River Rd INo INo �No (No �No INo �No �N/A 6918 W. River Rd 1 x in 18 yrs. No No No Yes, only during No In favor of trail. N/A heaw rain. 7018 W. River Rd No No No No Yes, hasn't run in 2 No No N/A vrs. 7212 W. River Rd Once in 8 years. No Tap water is bad, No Yes, less frequently Yes That wouid be great. N/A i.e. taste, odor. We dodt use it for drinking or cookina �-.�:1� 6354 Willow La No Yes, cul de sac on Willow Once, the day after Yes, but not No No Don't lrnow enough Which side of the street will bike path La always has standing ihe sewer was operational. aboui it. be constructed? water. I get water in cleaned. bacement. 6400 Wiilow La No No No No No No tf we don't have to We think project is premature and pay, iYs fine. should wait until after 252 is done. This is such a waste of city time just to please a few people. Our street and �ewer �ne_ 6408 Willow La About once a year Flooding occurred once in Water system is No No Depends on Connecting trail is a Add decorative lighting, signage, I ususally in Spring we 6 years in backyard from good. drainage. good idea. It should neighborhood sign-kiosk map. Use have some plugging Mississippi River. Storm be separate from graduated curbs. Change natt� of that requires drainage has eroded the roadway. Place it on Willow Lane south of 65th to West i cleaning. apron of D/W almost west side of Willow River Road to avoid confusion. every other year. Lane. Underground utilities along the trail on west side of Willow Lane paid for by Xcel. Add right tum lane on westbound 65th onto northbound 6424 Willow La No Occasional Yes No No No N/A I discotoration. 3 12/26/2006 r Summ of Resident Survey �y"PI t! �e��3 r+�,�� d s "1,w �f i��F�� �`�i� y y q�P� d�������lpil��i}j��i��k�P�ji za. r 'y. d y�,`��.��'p� 2 i 7 i II n1V11 �I', n."Ltr._:.:�' �a�� .,.�;�..k 2 6432 Willow La 1 I/98 9/04 No No Yes No No Pve seen no problem I would like concrete platfortn for with use of street. If garbage and recycling containers. there is a trail it should be west side. �6440 Willow La �Moved in 2005 No �No �No �No 1No �No �No �N/A 6448 Willow La Yes every 2 yrs. No No No No No Yes on west side of Make a through street of W. River street. Rd. from B. C. to B. Park. Please consider decorative lightine. 651$ Willow La No No No No No No I thought it was Street lighting. How high will apron eoine to be done. Ro un D/W? 6524 Willow La Once, 20 yrs. ago No Not often No No N/A Need more N/A infomiation. 6552 Willow La Yes, twice. Last time No No No No No I need more I wouid like a new sewer service and� 6 mos. aga information. water service. Also a larger apron. I not, I want to know what condition thev are i�. 6600 Willow La Once No No Yes No Need more info. What does extension Lights at Super America are too mean, sidewalks or a bright and shine down on us. }iave path, or line painted 12 mature trees in front yard and do in street. not want to lose them. 6730 Willow La No. Line cleaned a No. Water drains into the Yes. Occasionally Yes No Water would No We have a 3-yr. old custom couple times in 35+ river. have smelly water, probably not expensive D/W. We are unhappy years with no with too much drain into a rain with the prospect that the street I blockage detected. chlorine. This has garden from the section of this drive could be occurred on street on this demolished for concrete apron. We holiday weekends. property. request that this issue be negotiated Few times we have with us, with other owners of I had rust-colored custom D/W's. water. 6732 Willow I,a No Yes, water ponds in street No Yes No Yes Signs are needed to Concerned about width of street after by D/W. help people find this project. Don't want to lose my fence connection. or irrigation lines along the street. Pd like sloned curbs. 6800 Wiliow I.a No In street by drain. No Yes No No Yes Do not want curbs. Better street maintenance sloping to drains. 6801 Willow La No No Sorr�times brown No No No Would be nice. What about using full cutoff street water. hi�hCing. 6807 Willow La No Large puddle in the street No No No No Where?? N/A in front of my yard. 683Q Willow La No Street (curb) D/W No Yes No Yes No Quality durability of pavement pondiog. design. Underground overhead powedine. 6850 Willow La Sewer line serviced No No No No No Not in favor. Don't want street widened on my annually in house not section. No need to because it is a out to street. dead end and not a lot of traffic. 4 12/26/2006 i r Sum�of Resident Survey F f t rg ,Fk;� ��m �,�s �Sa. f `,g�i�. 2 r r: 3� ,a,s f F a �re, k�v'� y a c s t s ,m., 5 ��,w��"�"�,'R���'� �:,..e�"` 3 ,A'�m� c. -`�t?' �*y r �6858 Willow La �No �No �No �Yes �No �No �No �None 6911 Willow La Once/twice in 30 yrs. No No No Yes, less frequently Not Sure. What No N/A does it look like. 6925 Willow La No No No No Yes, less frequently No N/A N/A 6930 Willow La No Flooding or standing water No No No No Don't think we need Don't widen the road. in the street trail at southem end of Willow La. 6934 Willow La No Flooding in street in No No No Yes N/A N/A vard. 6937 Willow La No No No Yes Yes, less frequently No Need more N/A information. 6941 Willow La Once in 12 yrs. No Watermain break No No No Good idea. Would like to have only one garbage this summer. hauler, less wear on streets and utilities. 7000 Willow La 2005 I had main tine I need to unplug drain at Sometimes brown Yes, but not No No I think trail should I'm concerned about the cost of cleaned. 70th Wil4ow after heavy water and odor. hooked up. run up by the current project, with width of street, and rains. Sotnetimes water walk path on West disruption to traffic. Mostly, I'm goes up D/W and across River Rd. I don't worried about the water flow during the yard. need the hill want more tra�c on storms when neighborhood is under between the street and Willow La. construction. yard that is now there. '7001 Willow La �No �No tNo �No �No �No (No �Do not want sidewaiks. 7006 Willow La No D/W floods in heavy No No No Yes, garden is Yes, we would like We need notice as to when we need rainfall and yard can now on trail finished. Let us to remove and put back pavers on our flood. southside of know how we can D/W. More info. on lighting. Very D/W. help. interested in working with Council/Ciry in limiting trash haulers �n hun 7012 Willow La No problem since we I have named the lake in A number of No No Yes We find trail sysiem Need more lighting and am willing to corrected a dip in front of my house (Lake breaks in the last o.k. as is. pay more for it. line. Juliann). No other 10 years. flcwdine �ro6lems. �7017 Willow La �No �No �No �No �No �No �No �Street li�hts... it is verv dark. 7023 Willow La No During unusually wet No No No No We do not �se trail �We strongiy prefer that Willow Lane springs there is a drainage system and would not noi be widened, to do so would only problem in our back yard want to incur any resul[ in increased lraffic. which is peculiar because cost. we have a downhill slope. 7032 Willow Lx N/A No Not hooked up to Yes No No N/A N/A city water. I have we1L 7036 Witlow La No No Rust sporadically, Yes No Yes Nice but not on my I would want the maximum concrete even with our property. apron in length. water softener. �7100 Willow La �No �No �No �No (No �Yes �No �N/A 5 12/26/2006 Summ of Resident Survey 't` t 3k i �s �'fi �������i. �ss� d'� e t rs �z ��r �'�i�� �...�3� kw��`^a. "s'�����a .�s` :�r, 7101 Willow La No Only drainage problem is No Yes Yes, less frequently No No Curb stop is under our concrete D/W. in back yard. We are We've invested time and money into addressing this problem new landscaping and don't want to with installation of catch tear it up for sewer water basin and sump to pump connections. tocrPr 7118 Willow La 3 or 4 times in 20 yrs. We have sueet drain at No Yes, and we No Don't know yet. We are in favor of it. How long will street be a mess? Can end of D/W. No probiem draw we have a choice of street light style? unless torrentiai rain then imgation What is the wst of underground floods lower yard and from river. utilities? D/VV. 7/19 Willow La No No No, except for No No No Connection of trail N/A color..a bit brown along 252 N. of 694 in hot tub when lst is needed. filled. 7124 Willow La Once in 24 yrs. No No No No No Wasteful expense. Counterproductive to install curbs. Works against natural drainage and fiitration. Curbs are partly to blame for environmental problems. Installing curbs is a step backwards and exnenci 7130 Willow La No No No No No Yes We're for it. The City asks us to run our faucets at a trickle during the winter so our pipes don't freeze. [s there anything l that can be done differently so there isn't the waste of water? We are interested in having our D/W redone. I 7/36 Wil[ow La No No No Yes No No There should be N/A parking area for bikers that drive to Willow La. start from there. Don't like cars parked outside of my house don't know who �.a 7206 Willow Ln Rarely No No Yes No No No Minimize wsts and construction time. Add street liQhts. 7116 Willow La I x in 6 yrs. No No Yes No Yes Yes, signs N/A crosswalks and finish trail connection to southem part by 694 bridge. 722L Willow La Not in 3 yrs. I've No No No Yes, less frequently No Good Idea. No lived here. 7224 Wi[low La No No No No No Yes Don't think it is a We like our street as it is. Only thing neceSSity. we need is repavin�. 6 12/26/2006 s Sumrr of Resident Survey q r s g �c�� '�'�mz� 'y �m ��.��ar r�l}�sR a e r k{�?� �4s �"d 7236 Willow La �No �No �No �No rNo �Maybe �No �Don't uut in sidewalks. 7243 Willow La No Low spots in yard No No Yes, less frequently No N/A N/A sometimes hold water. Water runs from the street into my D/W because my garage is lower than street ��i NA No Answer III I 12/26/2006 City Coux�cil Agenda Item No. lln City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 2, 200'� TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works SUBJECT: Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments far Improvement Project Nos. 2007-OS and 06, Contract 2007-B, Riverwood Area Neighborhood Street and Storm Drainage Improvements Assuming the City Council has accepted the Engineer's Feasibility Report for ,the Riverwood Area Nei hborhood Im rovements it is recommended that the Ci Council also call for a ublic g P tY P hearing to consider the proposed special assessments to be levied in conjunction with this project. A resolution has been prepared that declares the cost to be assessed for the Riverwood Project and calls for a public hearing on the proposed special assessments on Februaty 12, 2007 immediately following the improvement hearing. It is the staff's recommendation that the Council consider holdin the s ecial assessment hearin g P g immediately following the project hearing. The purpose of holding the special assessment hearing prior to beginning the project is to assure that any objections to or appeals of the assessments are knawn prior to entering into a construction contract or issuing bonds to finance the assessed portion of the project. The established assessment rate sets a ceiling guaranteeing property owners af the final cost they will pay. Special assessments for this project have been calculated in accordance with the City's Special Assessment Policy. The City Council previously established the 2007 R-1 zoned residential rates of $3,200 for street improvements and $960 for storm drainage improvements. The total special assessments for this project are estimated to be $603,576.00 for street improvernents and 79,327 for storm drainage improvements. The total assessment amounts were calculated based�on a total of 187 properties being assessed, including 180 properties zoned R1, seven properties zones R5. A total of ten R1 zoned properties were determined to be legally subdividable as described in the report. These properties received multiple RI unit assessments based on the number of lots that the property could be subdivided based on current zoning regulations. Attached for City Council consideration is a resolution declaring cost to be assessed and calling for a public hearing on the proposed special assessments for Improvement Project Nos. 20Q7-05 and 06, Riverwoad Area Neighborhood Street and Storm Drainage Improvements. '6301 Shin le Creek Parkwa Recreation ¢nd Communit Center Phone TDD Number g y Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (963) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityofbrooklyncenter.org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING COST TO BE ASSESSED AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL A5SESSMENTS FOR IMPROVEMENT PROJECT NOS. 2407-OS AND 06, CONTRACT 2007-B, RNERWOOD AREA NEIGHBORHOOD STREET AND 5TORM DRAINAGE IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer's Feasibility Report for Irnprovement Project Nos. 2007-OS and 06, Contract 2007-B, Riverwood Area Neighborhood Street and Storm Drainage Improvements; and WHEREAS, the total cost of the street and storm drainage improvement portion of said project is estimated to be $3,324,000.00; and WHEREAS the Ci Clerk has re ared a ro osed assessment roll showin the �3' P P p p propased amount to be specifically assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn enter i e that: C M nn sota 1. That portion of the cost to be assessed against benefited property owners for Riverwood Area Neighborhood street improvements is declared to be $603,576.00. That portion of the cost to be assessed against benefited property owners for Riverwood Area Neighborhood storm drainage improvements is declared to be $179,327.00. 2. A hearing shall be held on the 12th day of February, 2007, in the City Hall Council Chambers at 7:00 p.m. or as soon thereafter as the matter may be heard to pass upon such assessment and at such time and place all persons owning property affected by such improvements will be given an oppartunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessrnent to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. 4. The City Clerk shall cause mailed notice ta be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. RESOLUTION NO. Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the sarne: whereupon said resolution was declared duly passed and adopted. CITY OF Bf�QpK�.YN C�NT�R PROPOSED P�Np�NC: ASSESSM�lVT ROt,I� I 212Z�2bOr 0 RtVBRWOOD NEIGWBDIZMODD IMPFtOV�M�NT RFtQJE4T:�d07�5:$� t}6:> s 'D Wl�bp�at�i' ID i4Db��5. L��I�' StR�:C LEi/`f `:5'T�li� I I I I PID: 2511921410001 (7243 RIVERDALE RD $3,200.00� $960.00 PID: 2511921410003 (7124 RIVERDALE RD $6,400.00� $1,920.00 P�D: 2511921410004 �7118 RIVERDALE RD $6,400.00� $1,920.00 PID: 2511921410005 �7136 WILLOW LA N $3,200.0� $960.00 PID: 251192141�006 �7130 WILLOW LA N $3,2QQ.QQ $960.QQ PID: 2511921410009 �7200 RIVERDALE RD $6,400.00� $1,92Q.00 PID: 2511921410010 �7201 WILIOW LA N $3,2Q0.00� $960.00 PID: 2511921410011 �7200 WILLOW LA N $3,2QQ.QQ� $g6Q.QQ PID: 251192141��12 (�207 RiVERDALE RD f $3,200.00� $960.00 PID: 2511921410013 �7201 RNERDALE RD $3,200.00� $960.00 PID: 2511921410014 �7125 RIVERDALE RD $3,200.00� I $960.00 PID: 2511921410015 �7119 RIVERDALE RD $3,200.00� $960.00 PID: 2511921410017 �7125 WILLOW LA N $3,200.00� $960.00 PID: 2511921410018 �7119 WILLOW LA N $3,200.001 $960.0� PID: 2511921410019 �7113 WILLOW LA N $3,200.00� I $960.00 PID: 2511921410020 f 7109 WILLOW LA N $3,200.00� $960.00 PID: 251192t410021 47105 WILIOW LA N $3,200.00f $960.00 PfD: 2511921410022 �7101 WILLOW LA N $3,200.00� $960.00 PIO: 2511921410023 �7108 RIVERDALE RD $3,200.00� $960.00 PID: 2511921410024 �7110 RIVERDALE RD $3,200.001 $960.00 PID: 2511921410025 �7112 RIVER�ALE RD $3,200.00� I $960.00 PID: 2511921410026 �7124 WILLOW lA N $$,2�0.00� $960.00 PIp:25t1921410027 �7118 WILLOW LA N $3,200.00� $960.00 PID: 2511921410028 �7112 WILLOW LA N $3,200.00� $960.00 P{D: 2511921410029 �7106 WiILOW LA N $3,200.00� $960.00 PID: 2511921410030 �7206 RIVERDALE RD $6,400.00� $1,920.00 PID: 2511921410031 �7207 WILLOW LA N $3,200.00� $960.00 PID: 2511921410032 �7206 WILLOW LA N $3,200.00� $960.00 PID: 2511921410033 (7242 WILLOW LA N $3,2Q�.��� I $960.00 PtD: 2511921410034 �7236 WILLOW LA N $3,200.Q0� $960.00 PID: 2511921410035 �7230 WILLOW LA N $3,200.00t $960.�0 PID:2511921416036 �7224 WILLOW LAN $3,200.00� $960.00 P1D: 2511921410037 �7212 WILIOW LA N $3,200.00� $960.00 PID: 2511921410038 �7243 WILLOW LA N $3,20nA0� $960.00 PID: 2511921410D39 �7237 WILLOW LA N $3,200.00� $960.00 PID: 2511921410040 �7231 WiLLOW LA N $3,200.00� I $960.00 PID: 251192141�041 �7225 WILLOW LA N $3,200.00� $960.00 PID:2511921410042 �7221 WI�LOW LAN gi3,2��.�0� I $960.00 PID: 2511921410043 7215 WILIOW LA N $3,200.00� $960.00 PID:2511921410�44 7211 WILLOW LA N $3,200.00� $960.00 PID: 2511921410045 i7212 RIVERDALE RD $3,200.00� $960.00 PID:251192141p046 �7216 RIVERDALE RD $3,200.00� $960.00 PID: 2 51 1 9214 1 0047 �7222 RIVERDALE RD I I $3,200.00� I $960.00 PID: 2511921410048 7226 RIVERDALE RD $3,200.00� $960.00 PID: 2511921410049 7230 RIVERDALE RD $3,20�.��� I $960.00 PID: 251192141005Q �7236 RIVERDALE RO $3,2��.�0� I $960.00 PID: 2511921410051 �7242 RIVERDALE RD $3,200.00� $960.00 PID: 2511921410052 �207 73RD AVE N $3,200.00� $960.0� PID: 2511921410053 �7237 RIVERDALE RD $3,2��.0�� $960.00 PID: 2511921410054 �7231 RIVERDALE RD $3,200.00� $960.00 PfD: 2511921410055 ��225 RIVERDALE RD $3,2��.0�� I $960.00 Page 1 �ITY.tQF BRQOK4YN.C�NT�R PRtIPOSED P�NW}NGASS�SSMENT ROI,I: 2I2712b�y 0 RtYE W R QOD NEiGHBORMOOD IMPRON�INENT PROJ�Gt"�007 Q5:& Q6: 0 p�oP�at�:�n �ob��ss ��v� stFi�. L�v�r sr�NF: PID: 2511921410056 �7221 RIVERDALE RD $3,200.Q0� $960.00� PID: 2511921410057 �7215 RIVERDALE RD $3,200.00� $960.00 PID: 2511921410058 �7211 RIVERDALE RD $3,200.00� $960.00 PID: 251192141006� �7111 RIVERDALE RD $3,2Q0.00� I $960.00 PID: 2511921410061 �7137 WILLOW LA N $3,2QQ.QQ� $g6Q.QQ PID: 2511921410062 �7216 WILLOW LA N $$,2QQ.QQ� $g6Q.QQ PID: 2511921420016 �301 72ND AVE N $$,2QQ.QQ� $J6Q.QQ PID: 2511921420017 �7t19 DALLAS RD $3,200.00� $960.00 PID: 2511921420020 �7105 RfVERDALE RD $3,200.00� $960.d0 PID: 2511921420021 �7100 DALLAS RD $3,200.00) $960.00 PID: 2511921420022 �7106 DALLAS RD $3,200.00� $960.00 P1D: 2511921420�24 �7118 DALLAS RD $3,200.00� $960.00 PID: 2511921420025 �7124 DALLAS RD $3,200.00� I $960.00 PID: 2511921420060 �7112 DALLAS RD $3,200.00� I $960.00 PID: 2511921430006 �7006 DALLAS RD $3,200.00� $960.00 PID: 2511921430007 �7000 DALLAS RD $3,200.00� $960.00 PID: 2511921430008 �7007 DALLAS RD $3,200.00� $960.00 PID:2511921430011 �7001 DALLASRD $3,200.00� $960.00 PID: 2511921430016 �6941 WILLOW LA N $3 ,200.00' I $960.00 PID: 2511921430017 �2D7 70TH AVE N $3,200.00� $960.00 PID: 2511921430018 �215 70TH AVE N $3,200.00� $960.00 PID: 2511921430019 �301 70TH AVE N $3,200.00� I $960.00 PID: 2511921430020 �307 70TH AVE N $3,200.00� $960.00 PID: 2511921430021 �315 70TH AVE N $3,200.Q0� I $960.00 PID:2511921430022 �6925 WILLOW LA N $3,200.00� $960.00 PID: 2511921430023 �6919 WILLOW LA N $3,200.00� $960.00 PID:25t1921430024 �6911 WILLOW LAN $3,200.00� $960.00 P�D:2511921430025 �6931 WILLOW LAN $3,200.00� $960.00 PID: 2511921430026 �6937 WILLOW LA N $3,200.00� $960.00 PID: 2511921430027 �6930 DALLAS RD $3,200.00� $960.00 PID: 2511921430028 �6926 DAILAS RD $3,200.00� $960.00 PID: 2511921430029 �6918 DALLAS RD $3,200.00� $960.00 PID: 2511921430030 �691Q DAILAS RD $3,200.00 $960.00 PID: 2511921430031 �6900 DALLAS RD $3,200.00 $960.00 PID: 2511921430032 f 6931 DALLAS RD $3,200.00� $960.00 PID: 2511921430033 �6925 DAI.LAS RD $3,200.00� $960.00 PID: 2511921A3UO34 I6917 DALLAS RD $3,200.00� I $960.00 PID: 2511921430035 �6911 OALLAS RD $3,200.00� $960.00 PID: 251192t430036 �6901 DALLAS RD $3,200.00� $960.00 PID: 2511921430041 �7031 DALLAS RD $3,2�0.�0� I $960.00 PID: 2511921430042 �7019 DALLAS RD $3,200.00� $960.00 PID: 251192143Q043 �7011 DALLAS RD $3,200.00� $960.00 PID: 2 51 1 921 4 30046 �7012 DALLAS RD $3,200.00� $960.00 PID: 2511921430047 �7020 DALLAS RD $3,200.00� $960A0 PID: 2511921430048 �7028 DALLAS RD $6,400.00 $1,920.00 PID:2511921440001 �7032 WILLOW LA N $3,200.OQ $960.00 PID: 2511921440002 6934 WILLOW LA N $3,200.00 $960.00 PID: 2511921440003 6930 WILLOW LA N $3,200.00� $960.Q0 PID:251192i440004 �6900 WILLOW LA N $3,200.00� $960.00 PID: 2511921440005 �7006 WILLOW LA N $3,2��.��� I $960.00 PID: 251 1 921 440006 �7000 WILLOW LA N $3,2QQ.QQ� $960.�� PID: 2511921440007 �7007 WILLOW LA N $3,2��.00� I $960.00 Page 2 �ITY pF BF��OK4YN C�NTER PRdPOS�D P�ND}NG ASSESSMEIVT Rq�.k;: 2727/2b0? O 0 RtV�RVa10aD NEiGHBOFiMt�OD i IMPt�Q1/�MENT PROJECT:�d07-05:$ 06 e pF� P b �it'f''�:1�3 aC1b 1��55. 1�V1F�: ..:51'�t��. ;.LE1/Y'.#... 5'TU#�II� PID: 2511921440008 �7001 WILLOW LA N $3,200.00� $960.00 PID: 2511921440009 �LOT 000 BLQCK 000 None $0.00� $0.00 PID:2511921440010 �6940WILLOWLAN $6,400.00� $1,920.00 PID: 2511921440011 �6924 WILLOW LA N $3,200.00� I $960.00 PID: 2511921440012 �6918 WILLOW LA N $3,200A0� $960.00 PID: 2511921440013 �6910 WILLOW LA N $3,200.00� $960.00 PID: 2511921440014 �7041 WILLOW LA N $3,200.0�� $960.00 PiD:2511921440015 7035 WILLOW LA N I I $3,200.001 I $sso.00 PID: 2511921440016 �7029 WILLOW LA N $3,ZQ�.��� $960.00 PID: 2511921440017 �7023 WILLOW LA N $3,200.00� I $960.00 PID: 2511921440018 7017 WtLLOW LA N $3,2QQ.�0� $96Q.�Q Pid: 2511921440019 7011 WILLOW LA N $$,2QQ.QQ� $J6Q.QQ PID: 2511921440020 �7100 RIVERDALE RD $3,200.00f $960.OQ PiD: 2511921440021 �7104 RIVERDALE RD $3,200.00� $960.00 PID: 2511921440022 �710Q WILLOW LA N $3,2�0.��� $9F)�.�� PID: 2511921440023 �7036 WILLOW LA N $3,200.00� $960.00 PID: 2511921440026 �LOT 001 BLOCK 001 $3,200.00I $960.00 PID: 2511921440027 �7012 WILLOW LA N $3,2QQ.QQ� $96Q.QQ PID:2511921440028 �LOT BLOCK I None $0.00� $0.00 PID: 3611921120001 LOT 0020 BLOCK 000 $3,200.00 $960.00 PID: 3611921120003 �VACANT LOT CITY LOT None $0.00� $0.00 PID: 3611921120004 �6858 WILLOW LA N $3,200.00� $960.OQ PID: 3611921120005 ,6858 DALLAS Rp $3,200.00� $960.00 PID: 3611921120006 �6850 WII.LOW LA N $3,200.00� $960.00 PID:3611921120007 �6845 WILIOW LA N $6,400.00� $1,920.00 PID: 3611921120008 �VACANT lOT CITY LOT NOfI@ $0.00� $0.00 PID; 361t921120009 �6854 WESTRIVER RD $3,200.00� $960.00 PID: 3611921120010 �6830 WILLOW LA N $3,200.00� $960A0 PID: 3611921120011 �6842 WEST RIVER RD $9,600.00� $2,880.00 PID: 3611921120012 �6800 WILLOW LA N $3,200.00� $960.00 PID:36t1921120013 �6732W114�OWLAN $3,200.00� $960.00 PID: 3611921120014 �6730 WILLOW LA N $3,200.00� $960.00 PID: 3611921120015 �6724 WILLOW LA N $3,200.00� I $960.00 PID: 3611921120016 �6720 WILLOW LA N $3,200.00� I $960.00 PID: 3611921120050 �6807 WILLOW LA N $3,200.00� $960.00 PID: 3611921120051 �6801 WILLOW LA N $3,2QQ�0� $960.00 PID: 3611921120061 �6857 DALLAS RD $3,200.00� $960.00 PID: 3611921120063 �6733 WILLOW LA N $3,200.00� $960.00 PID: 3611921120066 �6725 WILLOW LA N $3,200.00� $960.00 PID: 3611921120067 �6721 WILLOW LA N I I $3,200.00I I $960.00 PID: 3611921120069 �6729 WILLOW LA N $3,200.00� $960.00 PID: 3611921130005 �6536 WILLOW lA N $6,400.00� $1 ,920.00 PID: 3611921130021 �6620 WILLOW LAN $$,2��.�0� $960.�� PID: 3611921130022 �6600 WILLOW LA N $3,200.00� I $960.00 PID: 3611921130023 �6552 WILLOW LA N $3,200.00� $960.00 PID: 3611921130024 �6546 WILLOW LA N $3,2��.��� $960.00 PID: 3611921140001 �6524 WIILOW LA N $$,2QQ.Q0� $Q6Q.QQ PID: 3611921140002 (6518 WILLQW LA N $3,20�.��� I $960.00 PID: 3611921140003 �6512 WILLOW LA N $3,200.00 $960.00 PID: 3611921140004 �6506 WILLOW LA N $3,200.00 I $960.00 PID: 3611921140005 (6500 WILLOW LA N $3,2��.�0� $96�.�0 PID: 3611921410001 �6432 WILLOW LA N 3 2�0.0� 960.�� Page 3 CITY pF Bi�QQEtLYA} C�N7ER PRC3POSED PENDING ASS�SSM��1�' Rp1.L, 2127I2b0y 0 RtVERWOOD i�1EiCHBORHOOD �U� IMPF;QY�MENT pROJ�GT:�00T-Q�:B 06 pROp�at�:lfl a�bi�LS$ ��vtt st►�� ��a�r SrC��N1 PID: 3611921410002 `6424 WIILOW LA N $3,200.00� $960.00� PID: 3611921410003 �6416 WILLOW LA N $3,200.00� $960.00 PID: 3611921410004 �6408 WILLOW LA N $3,200.00� $960.00 PID: 3611921410005 �6400 WILLOW LA N $3,200.00� $960:00 PID: 36t1921410006 �6358 WILLOW LA N $3,2�0.00� $960.00 PIO: 361192141U007 �6354 WILLOW LA N $3,200.00� $960.00 PID: 3611921410009 �6448 WILLOW LA N $3,ZOO.Ofl� $9SQ.QQ PID: 3611921410010 �6440 WILLOW LA N $3,200.00� $960.00 PID: 3611921420007 201 65TH AVE N $7,400.00 $2,252.00 PID: 3611921420008 207 65TH AVE N $7,400.00 $2,252.00 PID: 3611921420009 �215 65TH AVE N $8 ,665.00 I $2 ,637.00 PID: 3611921420010 �6425 WILLOW LA N $6,082.00 $1,851.00 PID: 3611921420011 �6417 WILLOW LA N $7,7$7.00 $2 ,370.00 PID: 3611921420012 I�Q9 WILLOW LA N ,096.00 I $2,464.�� PID: 3611921420013 �6407 WILLOW LA N $10,716.00 $3,261.00 Subtotal $596,946 00 a179,327.00 PiD: 2511921420012 �7204 DALLAS RD $390.00� None $0.00 PID: 2511921420014 �7201 DALLAS RD $390.00� None $O.QO PID: 2511921420011 �7208 DALLAS RD I I $390.00I None $0.00 PID: 2511921420039 �7271 DALLAS RD I I $390.00I None $0.00 PID: 2511921420026 �7212 DALLAS RD $390.00 None $0.00 PID: 2511921420038 �7215 DALLAS RD $390.00 None $O.Od PID: 2511921420027 �7216 DALLAS RD $39Q.001 None $0.00 PID: 251192142UO37 �7221 DALLAS RD I $390.001 None $0.00 PID: 2511921420028 �7222 DALLAS RD I I $390.00I None $0.00 P4D: 2511921420036 �7225 DALLAS RD $39�.00� None $0.00 PID: 2511921420029 �7226 DALLAS RD $390.00( None $0.00 PID: 2511921420030 �7230 DALLAS RD $390.001 None $0.00 PID: 251192t420035 �7231 DALLAS RD $390.001 None $0.00 PID: 2511921420034 �7237 DALLAS RD $390.00I None $0.00 PID: 2511921420031 (7238 DALLAS RD $390.00E None $0.00 PID: 2511821420032 �7242 DALLAS RD $390.00� None $0.00 PID: 2511921420033 �7243 DALLAS RD $390.00� None $0.00 Subtotai $6,630.00 $0.00 Total Pro�ect Assesments $603 576.00 �179,327.00 1 Page 4 City Council Agenda Item No. llo MEMORANDUM TO: Curt Boganey, City Manager 7 L FROM: Tom Bublitz, Community Developrnent Specialist DATE: January 2, 2007 SUBJECT: Resolution Calling for a Public Hearing on Proposed Use of 2007 Urban Heru�epin County Community Development Block Grant Funds This agenda item provides for a public hearing for the City's annual Community Develapment Block Grant (CDBG) program. This public hearing is required for participation in the CDBG program. Brooklyn Center is one of 40 Hennepin County cities participating in the Urban Hennepin County CDBG program. In the program, federal dollars from the Department of Housing and Urban Development (HUD) are allocated to the County and are dispersed to the participating cities on a formula basis. Hennepin County has notified the City of Brooklyn Center that it expects its CDBG allocation for 2007 will be the same as last year. At the end of its 2006 session, Congress passed a year long "continuing resolution" that will fund HUD and other programs at their 2006 levels. At this time, the anticipated CDBG allocation for 2007 for the City of Brooklyn Center is $195,019. The federal authorizing statute far the CDBG program requires that each funded CBDG activity meet one of the three national objectives: benefiting low income persons, preventing or eliminating slums and/or blight and meeting urgent community needs. The federal statute stipulates that each recipient receiving funds must insure at least 70 percent of the CDBG expenditures during the program year must be used for activities benefiting low and/or very low income persons. Each city must meet this requirement at the local level. The City's 2006 CDBG program funded the following projects, which all met the requirement for benefiting low and/or very low income persons: Rehabilitation of private property. This activity provides for rehabilitation and repair of single family homes of low and moderate income households. Household Outside Maintenance for the Elderly (H.O.M.E.) prograin. This activity has been part of the CDBG program for 12 years. The H.O.M.E. program provides minor maintenance and repair for persons 60 years of age and older. Community Emergency Assistance Program, Inc. (CEAP) Senior Services Program. The Senior Services Program provides chore services to seniors and disabled persons at little or no cost and includes services such as lawn mowing, snow shoveling, housekeeping and interior and exterior maintenance. The Senior Services Program also includes Meals on Wheels. This program has been funded by the City for seven years. Information on the performance of the housing rehabilitation program, H.O.M.E. and CEAP Senior Services will be provided prior to the CDBG public hearing on February 12 ADMINSTRATIVE REOUIREMENTS Pursuant to program requirements, each city receiving a CDBG allocation is limited to a 15 percent cap on public service projects. Both the CEAP and H.O.M.E. programs are categorized as public service projects. Based on the estimated allocation for 2007, continued funding of the H.O.M.E. and CEAP program at 20061evels would be capped at $29,252. ADDITIONAL REOUESTS FOR CDBG FUNDING Staff has received several inquires from agencies requesting funding under the public service category. Staff has requested these agencies to subinit formal proposals for CBDG funding and requests received by these agencies will be included in the Council packets for the February 12, 2047 public hearing. PUBLIC HEARING A resolution calling for a public hearing for the 2007 CDBG program is included with this meinorandum. The re uired ublic hearin notice has been re ared and includes an allocation q p g p P for continued funding of neighborhood service projects atthe 15% cap. The resolution prepared for City Council consideration and included with this memorandum is to establish the date of February 12, 2007 as the public hearing date for the City's 2007 CDBG program. Hennepin County requires that specific dollar amounts be specified in the 1learing notice and that the City's 2007 CDBG program must be submitted to Hennepin County by February 22, 2007. The public hearing notice does not commit the city to funding any specific CDBG activity at this time and the CDBG activities and dollar amounts allocated to them, can be revised at the public hearing on February 12, 2007, or at anytime within the 2007 CDBG year upon conducting a public hearing to amend the City's CDBG program. Member introduced the following resolution and moved its adoption: RES OLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED USE OF 2007 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, Brooklyn Center is one of 40 Hennepin County communities which are members of the Urban Hennepin County Community Development Block Grant (CDBG) Program; and �HEREAS, the City of Brooklyn Center has been notified by Hennepin County that its estimated allocation for the 2007 Urban Hennepin County CDBG Program is $195,019; and WHEREAS, a public hearing regarding the proposed use of 2007 Urban Hennepin County Community Development Block Grant funds is a requirement of the CDBG Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota as follows: 1. A public hearing on the proposed use of 2007 Urban Hennepin County Community Development Block Grant funds will be held at the regularly scheduled Brooklyn Center City Council meeting on February 12, 2007, at approximately 7 p.m. or as soon thereafter as the matter may be heard. 2. Staff is authorized and directed to publish the attached Notice of Public Hearing on the proposed use of 2007 Urban Hennepin County Community Development Block Grant funds in the City's official newspaper not later than ten days prior to February 12, 2007. Januarv 8. 2007 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. RESOLUTION NO. NOTICE OF PUBLIC HEARING CITY OF BROOKLYN CENTER 2007 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the City of Brooklyn Center in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on February 12, 2007, at 7 p.m. or as soon thereafter as the matter may be heard, at the Brooklyn Center City Hall, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. The public hearing is on the housing and community development needs and the City's proposed use of the estimated 2007 Urban Hennepin County Community Development Block Grant Program planning allocation of $195,019 In addition, between July 1, 2007 to June 30, 2008, it is estimated that no additional program income froxn previously funded CDBG activities will be available to the City. The City of Brooklyn Center is proposing to undertake the following activities with 2007 Urban Hennepin County CDBG funds starting on or about July l, 2007. Activitv Bud�et Neighborhood Public Service Projects $29,252 Rehabilitation of Private Property $165,767 For additional information on the priorities, proposed activities, level of funding and program performance, contact the City of Brooklyn Center at 763-569-3300 or the Hennepin County Housing, Community Works and Transit Department of Transit and Community Works at 612-348-9260. The public hearing is being held pursuant to MS 471.59. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. Cit Council Agenda Item No. 11p Y MEMORANDUM TO: Mayor and City Council FROM: Ctut Boganey, City l��a?���"� DATE: January 4, 2007 SUBJECT: Labor Agreement Public Works Maintenance Employees 2007 and 2008 Recommendation: It is recommended that the City Council Adopt the resolution approving the contract between the City of Brooklyn Center and Loca149 International Union of Operating Engineers for the period January l, 2007-December 31, 2008. Background: The current contract with the subject union expired on December 31 2006. The City and the Union have met and negotiated in good faith to reach a settlement on all issues of concern. The atta.ched agreement has been approved by a vote of the members and upon adoption by the City Council will establish wages and working conditions for the next two years. As has been the previous practice the City has attempted to maintain competitiveness in the market place by providing wages that were consistent with similar communities i.e. as the nine Cities established in Council Policy 2.05.(3)A. The proposed adjustments will allow the City to maintain its competitive position. Per the attached the articles affected by this agreement include the following: Article 18 -Overtime Pay Article 20 Standby Pay Article 25 Insurance Article 28 Wage Schedule Article 29 Working out of Classification Pay Article 32 Duration Article 35 Post Employment Health Care Savings Plan The adopted budgets affected by this group of employees will accommodate the proposed increases. C: Kelli Wick i Todd Blomstrom December 5, 2006 Kent Korman, Business Representative IUOE Local 49 2829 Anthony Lane South Minneapolis, MN 55418-3285 Dear Kent: Listed below are the changes we've discussed for the tentative labor agreement for 2007-2008. ARTICLE 18 Overtime Pay 18.6 As an option to monetary compensation for overtime, an Employee may elect compensatory time off at a rate of one and one-half (1 the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. In 2007 an Employee may not accrue or use more than 32 hours (after the conversion) of compensatory time in a calendar year. In 2008 an Employee may not accrue or use more than 40 hours (after the conversion) of compensatory time in a calendar year. Compensatory time off shall be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. ARTICLE 20 Standby Pay Public Utility Employees who are designated by their supervisor to serve in a"standby" status on behalf of the City on a weekend will receive as compensation for such service five and one half (5 1/2) hours of overtime pay for the period beginning the end of the work day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a"standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a"standby" status on behalf of the City on a holiday will receive as compensation for such service two (2) hours of overtime pay for each holiday served in such status. Such standby pay sha11 be in addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 25 Insurance 25.1 2007 Full-time employees Effective 1/1/07, the City will contribute payment of seven hundred thirty-one dollars and forty- six cents $731.46 er month er em lo ee for use in artici atin in the Ci s insurance P P P Y P P g t3' benefits. 25.2 2008 Full-time employees Reopener ARTICLE 28 Wage Schedule Effective January 1, 2007 January 1, 2008 Increase wages 2.75% January 1, 2007 and .75% on July l, 2007. Increase wages 2.75% January 1, 2008 and .75% on July l, 2008. See attached wage schedule. ARTICLE 29 Working out of Classification Pay Add welding rate to Maintenance III out of classification list and remove the hourly differentials in Article 28. ARTICLE 32 Duration Two year agreement January 1, 2007 December 31, 2008. ARTICLE 35 Post Employment Health Care Savings Plan Add the memorandum of understanding. Please let me know if you have any questions. Sincerely, Kelli Wick Human Resources Director 2006 Negotiations 11 /7/2006 Actua12006 Proposed Proposed City Increase 2007 Increase 2008 Increase Maplewood 3% unknown unknown New Hope 2% 1/1 1% 7/1 3% 3% Golden Valley 3% market 3.5% non union Fridley 3% 3% non union Roseville 3% 3% none proposed Shoreview 3% 3% non union Richfield (settled 2006-07; 3% 1/1 &.5 7/1 3% 1/1 &.5 7/1 none proposed Crystal 3% 3.50% none proposed White Bear Lake 3% 3% none proposed Brooklyn Center 3% 2.75% 1/1 &.75% 7/1 2.75% 1/1 &.75% 7/1 I Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE CONTR.ACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2007 AND 2008 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with Loca149 (Public Works) for a contract for the years 2007 and 2008 as attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brooklyn Center approves the attached contract with Local 49 (Public Works) for calendar years 2007 and 2008. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not to exceed the maximum contained herein shall become effective according to the schedule of the contraet which commences January l, 2007. Januarv 8. 2007 Date Mayar 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. Labor Agreement Between the City of Brooklyn Center And the International Union of Operating Engineers (IUOE) Local No. 49 January 1, 2007 December 31, 2008 I TABLE OF CONTENTS ARTICLE PAGE l Purpose of Agreement 1 2 Recognition 1 3 Definitions 1 4 Savings Clause 2 5 Union Security 2 6 Employer Security 2 7 Employer Authority 2 8 Seniority 3 9 Discipline 3 10 Employee Rights Grievance Procedure 3 11 Job Posting 6 12 Probationary Periods 6 13 Right of Subcontract 6 14 Safety 6 15 Work Schedules 6 16 Relief and Meal Periods 7 17 Special Clothing 7 18 Overtime Pay 7 19 Call Back g 20 Standby Pay g 21 Holiday Leave g 22 Vacation Leave 9 23 Sick Leave 9 24 Severance Pay 10 25 Insurance 10 26 Seasonal/Temporary Employees 11 27 Part-time Employee Benefits 11 28 Wage Schedule 11 29 Working Out of Classification Pay 12 30 Lega1 Defense 12 31 Waiver 12 32 Injury on Duty 13 33 Local 49 Central Pension Fund 13 34 Post Employment Health Care Savings Plan (PEHCSP) 14 3 5 Duration 16 ARTICLE 1- Purpose of Agreement This Agreement is entered into between the City of Brooklyn Center hereinafter called the Employer, and Local No. 49, International Union of Operating Engineers, hereinafter called the Union. 1.1 Purpose a. Establish certain hours, wages and other conditions of employment; b. Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; c. Specify the full and complete understanding of the parties; and d. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public service. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2 Recognition The Employer recognizes the Union as the exclusive representative for all Employees in the job classifications listed below who are public Employees within the meaning of Minnesota Statute 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Mechanic, Maintenance I, Maintenance II, Maintenance III, and Night Service Person. ARTICLE 3 Definitions 3.1 Union: The International Union of Operating Engineers, Local No. 49. 3.2 Employer: The individual municipality designated by this Agreement. 3.3 Union Member: A member of the International Union of Operating Engineers, Local No. 49. 3.4 Employee: A member of the exclusively recognized bargaining unit. 3.5 Base Pay Rate: The Employee's hourly pay rate exclusive of longevity or any other special allowance. 3.6 Seniority: Length of continuous service in any of the job classifications covered by Article 2- Recognition. Employees who are promoted from a job classification covered by this Agreement and return to a job classification covered by this Agreement shall have their seniority calculated on their length of service under this Agreement for purposes of promotion, transfer and lay off and total length of service with the Employer for other benefits under this Agreement. 1 3.7 Severance Pay: Payment made to an Employee upon honorable termination of employment. 3.8 Overtime: Work performed at the express authorization of the Employer in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 3.9 Call Back: Return of an Employee to a specified work site to perform assigned duties at the express authorization of the Employer at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. ARTICLE 4 Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this Agreement shall continue in full farce and effect. The voided provision may be renegotiated at the request of either party. ARTICLE 5 Union Security In recognition of the Union as the exclusive representative the Employer shall: 5.1 Deduct each payroll period an amount su�cient to provide the payment of dues established by the Union from the wages of all Employees authorizing in writing such deduction, and 5.2 Remit such deduction to the appropriate designated officer of the Union. 5.3 The Union may designate certain Employees from the bargaining unit to act as stewards and shall inform the Employer in writing of such choice. 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. ARTICLE 6 Employer Security The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the Employer. ARTICLE 7 Employer Authority 7.1 The Employer retains the full and unrestricted right to operate and manage all workforce, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this Agreement. 2 7.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 8 Seniority 8.1 Seniority will be the determining criterion for transfers, promotions and lay offs only when all job-relevant qualification factors are equaL 8.2 In the event of a lay-off the Employer will lay-off on the basis of seniority across all three divisions within the public works department for employees that are represented by I.U.O.E. Loca149. 8.3 Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled Employees shall have ten (10) working days after notification of recall by registered mail at the Employee's last known address to report to work or forfeit all recall rights. Recall rights will be based on seniority across the three divisions within the public works department for employees that are represented by I.U.O.E. Loca149. ARTICLE 9 Discipline 9.1 The Employer will discipline Employees only for just cause. 9.2 An Employee(s) will not be required to participate in an investigatory interview by the Employer where the information gained from the interview could lead to the discipline of the Employee(s) unless the Employee(s) is given the opportunity to have a Union Representative present at the interview to act as a witness for the Employee(s). ARTICLE 10 Employee Rights-Grievance Procedure 10.1 Definition of a Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 10.2 Union Representatives The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated. 10.3 Processing of a Grievance It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the Union Representative shall be allowed a reasonable amount of time without loss in pay 3 I pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 10.4 Procedure Grievances, as defined by Section 10.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendax days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten (10) calendax days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representa.tive. The Employer-designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days sha11 be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Employer's final answer in Step 4. Any grievance not appealed in writing to Step 5 by the Union within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to S arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If the parties cannot agree upon an arbitrator, the selection of an 4 arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. If the parties cannot agree upon an Arbitrator, then the parties may request a list of Arbitrators from the Bureau of Mediation Services. 10.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignare, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the axbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representa.tives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 10.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual Agreement of the Employer and the Union. 10.7 Choice of Remedy If, as a result of the Employer response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 5 of Section 10.4 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 5 of Section 10.4 the grievance is not subject to the arbitration procedure as provided in Step 5 of Section 10.4. The aggrieved Employee shall indicate in writing which procedure is to be utilized--Step 5 of 5 5 of Section 10.4 or another appeal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 5 of Section 10.4. ARTICLE 11- Job Posting 11.1 The Employer and the Union agree that permanent job vacancies within the designated bargaining unit sha11 be filled based on the concept of promotion or transfers from within provided that applicants have the necessary qualifications to meet the standards of the job vacancy, have the ability to perform the duties and responsibilities of the job vacancy. 11.2 Employees filling a higher job class based on the provisions of this Article shall be subject to the conditions of Article 12- Probationary Periods. 11.3 The Employer has the right of final decision in the selection of Employees to fill posted jobs based on qualifications, abilities and experience. 11.4 Job vacancies within the designated bargaining unit will be posted for five (5) warking days so that members of the bargaining unit can be considered for such vacancies. ARTICLE 12 Probationary Periods 12.1 All newly hired or rehired Employees will serve a twelve (12) months' probationary period. 12.2 All Employees will serve a twelve (12) months' probationary period in any job classification in which the Employee has not served a probationary period. 12.3 At any time during the probationary period a newly hired or rehired Employee may be terminated at the sole discretion of the Employer. 12.4 At any time during the probationary period a promoted or reassigned Employee may be demoted or reassigned to the Employee's previous. position at the sole discretion of the Employer. ARTICLE 13 Right of Subcontract Nothing in this Agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by Employees covered by this Agreement. ARTICLE 14 Safety The Employer and the Union agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage Employees to work in a safe manner. ARTICLE 15 Work Schedules 15.1 The sole authority of work schedules is the Employer. The normal work day for an Employee shall be eight (8) hours. The normal workweek shall be foriy (40) hours Monday through Friday. 6 15.2 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis other than the norma17:00 3:30 day. The Employer will give seven (7) days advance notice to the Employees affected by the establishment of work days different from the Employee's normal eight (8) hour work day. 15.3 In the event that work is required because of unusual circumstances such as(but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an Employee working other than the normal work day be scheduled to work more than eight (8) hours; however, each Employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the Employee from so working. 15:4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. ARTICLE 16 Relief And Meal Periods 16.1 Two relief periods not to exceed fifteen (15) minutes are authorized at a practicable time within each Employee's shift. One relief period may be taken during the first half of the shift and the second relief period may be taken during the second half of the shift. 16.2 Each Employee shall be authorized one unpaid thirty (30) minutes meal period per shift. ARTICLE 17 Special Clothing The Employer will purchase and maintain sufficient sets of work coveralls to be available and specifically assigned for wear by Employees, other than mechanics, when engaged in unusually dirty tasks for the respective job classification. A determination of coverall assignments shall rest exclusively with the Employer. Mechanics shall be provided with uniforms by the Employer up to 11 pants and 11 short and long-sleeved shirts per week. ARTICLE 18 Overtime Pay 181 Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the Employee's regular base pay rate. For the purposes of this section, "hours worked" shall include hours designated as holiday, sick or vacation time off. 18.2 Overtime will be distributed as equally as practicable. 18.3 Overtime refused by Employees will for record purposes under Article 18.2 be considered n aid overtime wo as u rked. P 18.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 7 18.5 Employees will be paid in accord with Article 21 for work on holidays. 18.6 As an o tion to monet com ensation for overtime an Em lo ee ma elect P �'Y P P Y Y compensatory time off at a rate of one and one-half (1 %z) the amount of overtime worked or two (2) times the amount of overtime worked for holidays paid in accordance with Article 21. In 2007 an Employee may not accrue or use more than 32 hours (after conversion) of compensatory time in a calendar year. In 2008 an Employee may not accrue or use more than 40 hours (after the conversion) of compensatory time in a calendar year. Compensatory time off sha11 be granted only at the convenience of the Employer with prior approval of the Employer-designated supervisor. Compensatory time must be used by the end of December. Any remaining compensatory time will be paid to the employee no later than the last pay period before December 31 of each year. e com ensated for all com time 18.7 Em lo ees leavin the service of the Em loyer shall b p p P Y g P hours accrued as of the date of separation. ARTICLE 19 Call Back An Employee called in for work at a time other than the Employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's base pay rate. ARTICLE 20 Standby Pay Public Utility Employees who are designated by their supervisar to serve in a"standby" status on behalf of the City on a weekend will receive as compensation for such service five and one half (5 1/2) hours of overtime pay for the period beginning the end of the wark day on Friday and ending the start of the work day on Monday when serving in such status. Public Utility Employees who are designated by their supervisors to serve in a"standby" status on behalf of the City on a week night (Monday, Tuesday, Wednesday, or Thursday) that is not a holiday will receive as compensation for such service one (1) hour of overtime pay for each week night served in such status. Public Utility Employees who are designated by their supervisors to serve in a"standby" status on behalf of the Ci on a holiday will receive as compensation for such service two (2) tY hours of overtime a for each holida served in such status. Such standb a shall be in PY Y YPY addition to other compensation which the Employee is entitled to under this Agreement. ARTICLE 21 Holiday Leave Holidays Defined. Holiday leave sha11 be granted for the following holidays: New Year's Day, January l; Martin Luther King, Jr. Day, third Monday in January; Washington's and Lincoln's Birthdays, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, first Monday in September; Christopher Columbus Day, second Monday in October; Veteran's Day, November 11; Thanksgiving Day, fourth Thursday in November; Post- Thanksgiving Day, Friday after fourth Thursday in November; Christmas Day, December 25; and one floating holiday annually to be scheduled with permission of the Employee's supervisor. When New Year's Day, Independence Day, Veteran's Day, or Christmas Day fall on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees' absence from work on the day following or the day 8 preceding such a three-day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. Employees working a normal Monday through Friday workweek, who are required to be on duty on any holiday, shall be paid time and one-half for the hours worked in addition to the base pay rate, except that such employees who are required to be on duty on New Year's Day, Thanksgiving Day, or Christmas Day, shall be paid twice the employee's regular pay for the hours worked in addition to the base pay rate. ARTICLE 22 Vacation Leave 22.1 Amount. Permanent Employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of full-time service or major fraction thereof. Permanent Employees with five consecutive years of service through ten consecutive years of service shall earn vacation at the rate of 120 hours per year. Permanent Employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 1 lth year of service 128 hours per year. During 12th year of service 136 hours per year. During 13th year of service 144 hours per year. During 14th year of service 152 hours per year. During 15th year of service 160 hours per year. Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 22.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. Employees shall not be permitted to waive vacation leave and receive double pay. 22.3 AccruaL An Employee may accumulate no more than a maximum of 230 hours of vacation leave that can be carried over from year to year. 22.4 Termination Provisions. Employees leaving the service of the Employer in good standing, after having given the Employer proper notice of termination of employment, shall be compensated for vacation leave accrued and unpaid, computed to the date of separation. ARTICLE 23 Sick Leave 23.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent Employees at the rate of eight hours for each calendar month of full-time service ar majar fraction thereof. 23.2 Usage. Sick leave may be used normally for absence from duty because of personal illness, injury, or legal quarantine of the Employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, 9 spouse, or children of the Employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, grandparents, grandparents-in-law, and grandchildren of the Employee. 23.3 AccruaL Sick leave shall accrue at the rate of eight hours per month unti1960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purposes of accumulating additional sick leave. Worker's Compensation benefits shall be credited against the compensation due Employees during sick leave. 23.4 Procedure. In order to be eligible for sick leave with pay, Employees must: 1. Notify their superior prior to the time set for the beginning of their normal work day. 2. Keep their superior informed of their condition. 3. The City Manager may require a medical certificate as may be deemed necessary before approving the utilization of sick leave consistent with the Family Medical Leave Act. 23.5 Misuse Prohibited. Employees claiming sick leave when physically fit, except as otherwise specifically authorized in 23.2 shall be subject to disciplinary action up to and including discharge. ARTICLE 24 Severance Pay Severance pay in the amount of one-third the accumulated sick leave Employees have to their credit at the time of resignation shall be paid to Employees who have been employed for at least five consecutive years. If discharged for cause, severance pay shall not be allowed. Employees hired after 1/1/1992 and having 25 years of continuous service at the time of separation, shall be paid 40% of their accumulated sick leave into the City authorized Post Employment Health Care Savings Plan (PEHSCP). In the event that the retiree benefit in effect on September 1, 2005 is completely eliminated by the employer for employees hired before 1/1/92, the sick leave severance pay for employees hired prior to 1/1/92 and having 25 years of continuous service will be paid at 40% of their accumulated sick leave into the City authorized PEHSCP. If discharged for cause, severance pay shall not be allowed. ARTICLE 25 Insurance 25.1 2007 Full-time employees Effective 1/1/07, the City will contribute payment of seven hundred thiriy-one dollars and forty-six cents ($731.46) per month per employee for use in participating in the City's insurance benefits. 10 25.2 2008 Full-time employees Open for negotiations. 25.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use in participating in the City's insurance benefits. ARTICLE 26 Seasonal/Temporary Employees Employees employed by the Employer on a seasonaUtemporary basis for no more than 180 calendar days per calendar year either in a full-time or part-time capacity (more than 14 hours per week) will be compensated as determined by the Employer for the term of this employment. Such Employees will not be eligible for any benefits under this Agreement except those which may be required by law or those which are specifically outlined below. ARTICLE 27 Part-Time Employee Benefits Part-time Employees shall not be eligible to receive fringe benefits under this Agreement. ARTICLE 28 Wage Schedule Effective January 1, 2007 Effective July 1, 2007 Maintenance III $22.77 Maintenance III $22.94 Maintenance II $21.91 Maintenance II $22.07 Step 3 $20.39 Step 3 $20.54 Step 2 $18.91 Step 2 $19.05 Step 1 $17.41 Step 1 $17.54 Start $15.92 Start $16.04 Mechanic $22.81 Mechanic $22.98 Night Service Person $2191 Night Service Person $22.07 Effective Janua 1 2008 ffectiv ul 1 2008 ry E eJ y Maintenance III $23.57 Maintenance III $23.75 Maintenance II $22.68 Maintenance II $22.85 Step 3 $21.10 Step 3 $21.26 Step 2 $19.57 Step 2 $19.72 Step 1 $18.02 Step 1 $18.16 Start $16.48 Start $16.60 Mechanic $23.61 Mechanic $23.79 Night Service Person $22.68 Night Service Person $22.85 Crew Leader: An Employee assigned in writing by the Department Head or Public Works Superintendent to assist a supervisor as crew leader will be paid $1.50 per hour over their base wage of their regular position while performing such duties. I Night Service Person: A night service person who is assigned in writing by the supervisor to do mechanics work will receive mechanics hourly rate of pay for time working such assignment. 11 I ARTICLE 29 Working Out of Classification Pay Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance III rate of pay for those hours assigned to the unit: Equipment Requiring Class "A" CDL Motor Grader Aerial Bucket Sewer Jet Truck-Mounted Vactor Caterpillar #950B Front-End Loader Backhoes Caterpillar Front-End Loader Model 928 Crawler pozer Street Sweeper/Pick-up or Vac Type Oil Distributor Welding Employees required by the Employer and who are adjudged by the Employer to be qualified to operate the following items of equipment will be paid the Maintenance II rate of pay for those hours assigned to the unit Blacktop Paver Bombardier or MT Trackless Sidewalk Truck (20' reach and over) and Trail Units Or similar Boom Type Units Sewer Rodding machine Brush Chipper Tandem �le Trucks Mower over 10' cutting width Tree Spade Paint Striper Truck Mounted Farm Type Tractors Trucks Single Axle Over 26,000 GVW Skid Steer Employees assigned by the Employer to Utility Operator will be paid the wage rate of the job classification to which the Employee is assigned. ARTICLE 30 Legal Defense 30.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of Employee judgmental decision may not receive legal defense by the municipality. 30.2 Any Employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts performed within the scope of the Employee's employment, when such act is performed in good faith and under direct order of the Employee's supervisor, shall be provided with a City assigned representative to accompany the employee and shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such Employee in defending against such chaxge. ARTICLE 31- Waiver 31.1 Any and a11 prior Agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 31.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals 12 with respect to any terms or condition of employment not removed by law from bargaining. All Agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regaxding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE 32 Injury on Duty Employees injured while performing the official duties of their employment with the Employer and who are thereby rendered unable to work and are eligible for Workers' Compensation shall receive their regular wages and benefits for up to sixty (60) working days after an initial three (3) day eligibility period, pending doctor's authorization. The three (3) day eligibility will be taken from the Employee's own accrued sick leave. While out on injury on duty, all monies received from Workers' Compensation shall be turned over to the City of Brooklyn Center. ARTICLE 33 Loca149 Central Pension Fund 'The Employer and the Union have explored the feasibility and process necessary for implementation of the language and contributions required for employee participation in the International Union of Operating Engineers Central Pension Fund (hereinafter CPF). It was determined by the Employer and the Union that it is in the best interests of the employees to reduce their wages in order to allow Union members to participate in the CPF. The parties agree that the amount that would otherwise be paid in salary or wages will be contributed instead to the CPF as pre-tax employer contributions. The CPF is a supplemental Pension Fund authorized by Minnesota Statutes, 356.24, subdivision 1(9). Effective January l, 2006, a pension contribution of ninety-six cents ($0.96) per hour, will commence. The hourly contribution rate will be applied to straight time hours only to prevent contributions going over the $2,000 limit. The Employer shall pay this contribution directly to the I.U.O.E. Central Pension Fund. The Union a ees to indemni and hold the Em lo er its Officers A ents and em lo ees harmless P Y, g P Y against any claims, suits, orders or judgments, brought against the Employer as a result of any action ta.ken or not taken b the Em lo er on the s ecific rovisions of this Article. This hold Y P Y P P harmless" clause does not hold the Employer harmless for failing to transfer the agreed contributions to the I.U.O.E. Central Pension Fund. It is agreed that for purposes of determining future wage rates, the Employer shall first restore the amount of the wage deduction, then apply the applicable wage multiplier, then reduce the revised wage by the CPF contribution rate. It is further agreed that for purposes of calculating overtime compensation the Employer shall first restore the amount of the wage reduction then apply the applicable 1.5 or 2 wage multiplier required under the Fair Labor Standards Act and the collective bargaining agreement, then pay the resulting amount of overtime worked. I 13 The CPF Plan of Benefits and the Agreement and Declaration of Trust will serve as the governing documents. ARTICLE 34 Post Employment Health Care Savings Plan (PEHCSP) The Post Employment Health Care Savings Plan (PEHCSP) is established to help defray the cost of inedical expenses and health insurance premiums for employees, spouses and dependents after the employee leaves employment with the City of Brooklyn Center. 1. Participation Eligibility Regular full-time benefit earning employees may have contributions made on their behalf into the PEHCSP. Participants must be 21 years of age or older. Unless noted othe�vise in this policy, the minimum period of service required to participate in the plan is 60 days. Every eligible employee in an employee group is required to participate in the RHSP for their group as outlined in this applicable labor agreement. 2. PEHCSP Contributions When appropriate, each employee will have an account established in his or her name. Unless specifically noted otherwise, contributions (and earnings) to an employee's PEHCSP account axe not taxable income. 3. Accessing Funds a. Employees may access the funds in their PEHCSP account when they are eligible to retire under the Public Employees Retirement Association's (PERA) rules. b. Unless prohibited by the IRS, employees leaving employment with the City prior to being eligible for retirement through PERA, for the reasons noted below, may make withdrawals on a tax-free basis for eligible health-related expenses. Upon termination of employment. If employee is collecting a disability. If employee is on a medical leave (six months or longer) If employee is on a leave of absence (one yeax or longer). If the employee returns to work and is earning medical benefits, they are no longer eligible to make withdrawals from their PEHCSP account. The IRS does not allow these funds to be rolled into any other type of plan, including an IR.A. c. Access following death. The surviving spouse and eligible dependents continue to access the account for eligible expense reimbursements until the PEHCSP account is exhausted. Such reimbursements are not taxable. Unless prohibited by the IRS, reimbursements may also be made to a beneficiary other than a surviving spouse or eligible dependent. However, such reimbursements would be taxable to the recipient. 14 4. Eligible Expenses Reimbursed by Plan Funds in a PEHCSP account may be used to reimburse: l. Insurance remiums health insurance remiums Medicare su lemental insurance P P PP remiums Medicare Part B in ance remiums COBR.A and Cha ter 488 sur P P P insurance remiums lon term care insurance remiums not lon term care P g P t g expenses), and dental insurance premiums. 2. Most qualifying medical expenses as defined in Internal Revenue Code Section 213 (i.e. medical costs that would otherwise be deductible to the employee on his or her individual income tax return). A third-party claims administrator hired by ICMA-RC will handle claims administration. 5. No Opt-out Employees and retirees in groups covered by the PEHCSP program are not permitted to opt-out of the program. Participation is mandatory. 6. Program Administration Along with the Human Resources Division, the ICMA Retirement Corporation will administer the PEHCSP program. The employee controls how the money is invested similar to his or her section 457 deferred compensation program. The employee receives an account statement each quarter from ICMA for his or her PEHCSP account. 7. Administrative Fees Please conta.ct ICMA for current administrative and mutual fund fees. 8. Plan Modifications The details of ICMA-RC's administration of the PEHCSP as well as other features of the plan are set forth in the PEHCSP materials provided by ICMA-RC. These details and IRS regulations regarding the PEHCSP may be revised, necessitating the revision to this policy or other agreements between employee groups and the City. ther re ulation The City reserves the right to modify its policy to comply with any o g s regarding the plan and to add contribution requirements. 9. Contribution Formulas 1. Election for Pre-Tax Contributions from Compensation. Employees may elect to contribute up to 25% of their compensation. This is a one-time, irrevocable election. Employees must make this decision during the open enrollment period. i 15 2. Severance Pay. Employees who qualify to receive severance pay and vacation pay upon retiring or leaving the city in good standing, as defined by the current Labor Agreement, will designate from 0% to 100% (in 10% increments) to be placed in their individual PEHCSP accounts at the time of retirement or resignation. This is an irrevocable election. Employees must make this decision during the open enrollment period prior to the beginning of the year in which they will retire. ARTICLE 35 Duration This Agreement shall be effective as of January 1, 2007, and shall remain in full force and effect until the 31 st day of December 2008. IN WITNESS WHEREOF, the parti�s hereto have executed this Agreement on this day of 2007. FOR THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, Business Manager President Recording Secretary Business Representative Union Steward Union Steward FOR THE CITY OF BROOKLYN CENTER Mayar City Manager 16 Cit Council Agenda Item No. l l q Y r 4 pLlC� G t'CY OR BROOKLYN CENTER BlpB�.tfN C4Et�'A POLICE DEPARTMENT MEMOR.ANDUM TO: Curt Boganey, City Manager FROM: Scott Bechthold, Chief of Police �7 DATE: November 22, 2006 SUBJECT: Banking of Holiday Hours for Station Service Officers The Station Service Officer (SSO) position is a twenty-four hour/seven day a week essential position. The position is similar to the former position of Public Safety Dispatcher in that particulaz functions of the Police Department must be operated by a SSO at a11 times. The job description for the Station Service Officer position is similar to that of the former Public Safety Dispatcher position in that the position fields walk-in and phone inquiries from the public, monitors radio and Nextel traffic, and books and monitors prisoners. Since the SSOs aze required to work holidays, as were the Public Safety Dispatchers, it is difficult to try to schedule or take time off around the holidays occurring near the end of the calendar year. To address this issue with Public Safety Dispatchers in the past, Section 7.1 of the City of Brooklyn Center Personnel Rules and Regulation Manual states "Public Safety Dispatchers are allowed to bank holiday hours due to the naiure of their position." Due to the similar nature of the SSO position, I am requesting that the Station Service Officers be allowed to bank their holiday hours as welL I am also requesting to amend Section 7.1 of the City of Brooklyn Center Rules and Regulations Manual to allow this provision. Please feel free to contact me with any questions. cc: Susan Myles, Support Services Manager Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING SECTION 7.1 OF THE CITY'S PERSONNEL RULES AND REGULATIONS REGARDING CITY HOLIDAYS WHEREAS, on September 8, 1997, the Council adopted the City's Personnel Rules and Regulations by Resolution No. 97-161; and WHEREAS, the City Manager has recommended a change in the Personnel Rules and Regulations regarding employees who are allowed to bank holiday hours due to the nature of their position; and WHEREAS, the proposed change is reasonable and proper; and WHEREAS, Section 7.1 of the Personnel Rules and Regulations defines City employees that are allowed to bank holiday hours due to the nature of their position and the Public Safety Dispatcher position was eliminated, however, the Station Service Officers currently fulfill that role and further definition is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that the City's Personnel Rules and Regulations, Section 7.1 Leave Benefits is amended as attached. Januarv 8. 2007 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. RESOLUTION NO. SECTION 7 LEAVE BENEFITS 7.1 Official City Holidays New Year's Day January 1 Martin Luther King Day Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11 Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 Two Personal Floating Holidays (See description below) When a holiday falls on a Saturday or Sunday, the preceding Friday or following Monday is a holiday for employees whose normal work schedule is Monday through Friday. Non-union employees who work a holiday will be paid time and one-half employee's regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. Station Service Officers are allowed to bank holiday hours due to the nature of their position. Employees shall receive eight hours of holiday leave per month. Ninety-six hours of holiday leave shall be advanced to employees on January 1 of each calendar year. In the event an employee is not employed for the entire calendar year the employee's holiday leave shall be reduced by eight hours for each full month that tlae employee will not have worked in that calendar year. Any holiday leave not used on or before December 3I�` of each year will be deemed forfeited and shall not carry over into the next calendar year. Employees may observe a religious holiday on days which do not fall on Sunday or a legal holiday. Observance of such a religious holiday must be taken off without pay except where the employee has accumulated vacation and in that case such religious holidays may be charged against such leave accumulations at the option of the employee. Employees who are in collective bargaining must check their agreements and follow contract language for holiday schedules. In order to be paid for holiday leave, the benefit earning employee must be working or using vacation, sick or other approved paid leave on both the day before and after the holiday. City Council Agenda Item No. llr r MEMORANDUM TO: Mayor and City Council FROM: Curt Boganey, City N��� DATE: January 4, 2007 SUBJECT: Opportunity Site Moratorium Recommendation: It is recommended that the City Council consider adoption of the resolution establishing a moratorium on development in the Opportunity Site Area. It is further recommended that the Council consider adoption on first reading an interim ordinance far the purpose of protecting the planning process and the health, safety and welfare o the residents of the City, and regulating and restricting development in the opportunity site area. Background: At the February 27, 2006 Council meeting, the "Opportunity Site Report" was presented by the Council appointed task force for Council consideration and adoption. The report was adopted by Council and staff was directed to develop a frame work for the implementation of the recommendations of the task force. The "Opportunity Site: is described in the resolution as the area bounded by Suinmit Drive on the north, Hwy 100 on the east, County Road 10 on the south and shingle Creek Parkway on the west. On November 27, 2006 the Council directed staff to prepare a resolution and ordinance establishing a moratorium on development within the boundaries of the "Opportunity Site". The intent of the moratorium is to provide adequate time to contemplate significant legislative changes to redevelopment authority within the State of Minnesota that may impact the findings and recommendations of the Opportunity Site Task Force as well as other factors. The moratorium also provides for an orderly process to consider land use modification and redevelopment standards necessary as part of the mandatory 2008 Comprehensive Plan update. consider new a lications for With passage of the resolution, Brooklyn Center will not pp re-zonings, subdivisions, conditional use permits, site plan applications or building permits for new buildings or expansions of existing buildings with in the boundaries of the opportunity site. The Council may, at its own discretion, approve exceptions to the moratorium that do not interfere with the intended purpose of the moratorium. The resolution will take effect upon its passage and until such time as the corresponding ordinance takes effect. The duration of the moratorium should not exceed twelve (12) months. Staff will be available Monday evening at the pleasure of the Council to discuss the moratorium and its implications in greater detail. C: Brad Hoffman G:\City Manager\COLJNCIL.MEM.moratorium.doc Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ESTABLISHING A MORATORIUM ON DEVELOPMENT 1N THE OPPORTIJNITY SITE AREA WHEREAS, in 2004, the City Council appointed a task force to study and make recommendations for development in an area of the City designated as the "Opportunity Site"; and WHEREAS, the task force was commissioned to prepare a master plan, a set of design guidelines, zoning amendments and a request for proposal for a developer (the "Report") for the Opportunity Site; and WHEREAS, considerable time and resources were expended by the City and task force in preparing the Report that outlines the framework for a redevelopment plan establishing a mixed-use designation for the Opportunity Site; and WHEREAS, the task force presented its recommendations and the Report to the City Council; and WHEREAS, on February 27, 2006, the City Council approved and accepted the ameworks for the im lementation of and directed staff to continue to work to develo fr Re ort p P P the recommendations and Report of the task force; and WHEREAS, the City Council further directed that such recommendations be referred to the City Planning Commission for study and development of proposed amendments to the City's Comprehensive Plan as necessary to allow gradual implementation of the standards set forth in the Report; and WHEREAS, the City Council has determined that before any new development occurs in the Opportunity Site area, study is necessary to clarify the uses and land use regulations that should apply and to determine whether proposed uses are consistent with the guidelines established by the Report; and WHEREAS, Minnesota Statutes, section 462.355, subd. 4, allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens; and WHEREAS, the City Council has determined that it is necessary and in the public interest for the moratorium on development to take effeet immediately prior to the effective date of the proposed interim moratorium ardinance. RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER: 1. The moratorium established by this Resolution shall apply to the following property known as the "Opportunity Site": That part of the city bounded on the north and east by Summit Drive North, on the east and south by Highway 100 and County Road 10 and on the west by Shingle Creek Parkway. 2. The moratorium applies to the following types of land use applications: requests for rezoning, subdivisions, conditional use permits, site plan applications, and building permits for new buildings or expansions of existing buildings. 3. The moratorium applies to any application pending as of the date of this Resolution, unless the City Council has given preliminary approval to the application. 4. The City Council may approve exceptions to this moratorium if the City Council, in its sole discretion, determines that the approval being sought will not interfere with the purposes for which this moratorium was adopted. 5. The moratorium shall remain in effect until the effective date of the interim ordinance adopted by the City Council. 6. This Resolution is effective upon adoption. Januarv 8. 2007 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. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of February, 2007, at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider An Interim Ordinance for the Purpose of Protecting the Planning Process and the Health, Safety and Welfare of the Residents of the City, and Regulating and Restricting Development in the Opportunity Site Area. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763-569-3300 to make arrangements. ORDINANCE NO. AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RESTRICTING DEVELOPMENT IN THE OPPORTUNITY SITE AREA THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Back�round. 1.01. In 2004, the City Council appointed a task force to study and make recommendations for development in an area of the City designated as the "Opportunity Site"; and 1.02. The task force was commissioned to prepare a master plan, a set of design guidelines, zoning amendments and a request for proposal for a developer (the "Report") for the Opportunity Site; and 1.03. Considerable time and resources were expended by the City and task force in preparing the Report that outlines the framework for a redevelopment plan establishing a mixed-use designation for the Opportunity Site; and 1.04. The ta.sk force presented its recommendations and the Report to the City Council; and 1.05. On February 27, 2006, the City Council approved and accepted the Report and directed staff to continue work to develop frameworks for the implementation of the recommendations and Report of the task force; and 1.06. The City Council further directed that such recommendations be referred to the City Planning Commission for study and development of proposed amendments to the City's Comprehensive Plan as necessary to allow gradual implementation of the standards set forth in the Report; and I ORDINANCE NO. 1.07. The City Council has determined that before any new development occurs in the Opportunity Site area, study is necessary to clarify the land uses and development standaxds that should apply and to determine whether proposed uses are consistent with the guidelines established by the Report; and 1.08. Minnesota Statutes, section 462.355, subd. 4, allows the City to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety and welfare of its citizens. Section 2. Determination. 2.01. This interim ordinance shall apply to the property designated as the "Opportunity Site" and legally described as: That part of the city bounded on the north and east by Summit Drive North, on the east and south by Highway 100 and County Road 10 and on the west by Shingle Creek Parkway. 2.02. During the period this interim ordinance is in effect, there is a moratorium on the following types of land use applications: requests for rezoning, subdivisions, conditional use permits, site plan applications, and building permits for new buildings ar expansions of existing buildings. This ordinance does not apply to applications that have received preliminary approval by the City Council before the date of adoption of this ordinance. 2.03. This ordinance will expire when the combined effective periods of this ordinance and Resolution No. 2007- equal one year. Section 3. Effect on Pendin� Apnlications. 3.01 All applications subject to this moratorium that are pending or that are received during the time this ordinance is in effect shall be deemed to be denied for purposes of Minnesota Statutes, section 15.99. The City Manager shall cause notification of such denial to be given to all applicants stating the adoption of this ordinance as the reason therefor. Fees paid in connection with such applications sha.11 be returned or refunded to the applicant. ORDINANCE NO. Section 4. Effective Date. 4.01. This ordinance shall become effective after adoption and upon tlurty (30) days following its legal publication. Adopted this day of 2007. Mayor ATTEST: City Clerk Date of Publication: Effective Date: Cit Council Agenda Item No, lls Y There are no materials for this item. Cit Council Members will receive Y materials in Friday's Update. i AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION January 8, 2007 Immediately Following Regular City Council and EDA Meetings Which Start at 7:00 P.M. City Council Chambers A copy of the full City Council packet is available to the public. The packet ring binder is located at the front of the Council Chambers by the Secretary. ACTIVE DISCUSSION ITEMS None scheduled for January 8, 2007 Pending List for Future Work Sessions January 22, 2007 Charter Amendments Charter Commission (NOTE: Charter Commission meets January 24 to review City Council recommendations regarding Charter Amendments) Development Project Updates 0 57th and Logan o I-94 Acquisitions Audit Comxnittee Former Councilmember Niesen Council Retreat Follow Up February 12, 2007 Tax Increment Financing o Overview of TIF in Brooklyn Center effect on school district o TIF #1 status and options Monthly Financial Statements o New format for comprehensive reporting City Manager performance review format and process 2006 City Council