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HomeMy WebLinkAbout2007 01-22 CCP Regular Session AMENDED AGENDA CITY CpUNCIL STUDY SESSION January 22, 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 Discussion of Work Session Agenda Items as Time Permits 3 Miscellaneous 4 Adjourn CITY COUNC�L MEETING City of Brooklyn Center January 22, 2pp7 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 Forum wili 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 for clarification only. Open Forum will not be used as a time for problem solving or reacting to the comments made but, rather, for hearing the citizen for informationa�l purposes only. 2. Invocation 7 p,m, —Myrna Kragness 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• Council Report Approval af 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 Regular Session 2• January 8, 2007 Study Session 3. January 8, 2007 Regular Session 4. January 8, 2007 Executive Session b• Licenses Resolution Appointing Curt Boganey as Director to the Board of Directors of LOGIS d• Approval of Application and Permit for a Temporary On-Sa1e Liquor License Submitted b y S t. A l p h o n s u s C hurc h, 7 0 2 5 H a li fa�c Avenue North, for an Event to be Held March 17, 2007 g• Presentations a• Bob Musil, Executive Director, Visit Minneapolis North CITY COUNCIL AGENDA _2_ January 22, 2007 9• Public Hearing None. 10. Planning Commission Items a• Planning Commission Application No. 2007-001 Submitted by Diana Peppe Requesting Special Use Permit Approval to Operate a Recording Studio at 3518 Woodbine Lane -The Planning Commission recommended approval of this application at its January 11, 2007, meeting. •Requested Council Action: —Motion to approve Planning Commission Application No. 2007-001 subject to the conditions recommended by the Planning Commission. 11. Council Consideration Items a• 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. b• Resolution Accepting Engineer's Feasibili Re ort and Callin f Improvement Project Nos. 2007-01, 02, 0 and 04, Freeway Boulevard an Shing e� Creek Parkway Street and Utility Improvements •Requested Council Action: —Motion to adopt resolution. Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project No. 2007-01, Freeway Boulevard and Shingle Creek Parkway Street and Utility Improvements •Requested Council Action: Motion to adopt resolution. d• Resolution Authorizing a Professional Services Agreement for Storm Water Quality Treatment Design Services, Riverwood Area Neighborhood Improvements and Freeway Boulevard Improvements •Requested Council Action: —Motion to adopt resolution. 12. Adjournment City Council Agenda Item No. 7a c;t�-�r Office of the City Clerk BI?O()KLYN C�NTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 22, 2007 SUBJECT: MAYOR WILLSON: Requested Change to Minutes Mayor Willson requested the following change to the Study Session minutes of January 8, 2007: Pa�e 1, Third to Last Parasraph Councilmember O'Connor requested Item Nos. 7e, 7f, and 7g be removed from the Consent Agenda for further clarification. Mayor Willson stated that Item Nos. 7e, 7f, and 7g would be removed from the Consent Ag�nda to Council Consideration Item Nos. 11 s. 11 t. 11 u, resnectiv elv. and I tem 11 s to 11 v. (NOTE: �l�ee� indicates matter to be deleted, underline indicates new matter.) rM Office of the City Clerk city of BROOKLYN CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City C1erkJ�1�-���'� DATE: January 17, 2007 SUBJECT: COLTNCILMEMBER O'CONNOR: Requested Change to Minutes At its January 8, 2007, meeting Councilmember O'Connor submitted the following change to the City Council Regular Session minutes of December 11, 2006: Pa�e 6, Second to Last Para�ra�h tax increases are not needed and the tax Councilmember O'Connor stated ro osed 2.85% increase in property ta�ces. affor d the i paY ers cannot p p deleted underline indicates new matter.) (NOTE. lndicatcs matter t� bc The City Council removed the December 11, 2006, City The ta ehas been ew d t and the the agenda for review of the tape and clanfication. r following statement more accurately reflects Councilmember O'Connor's statement: Councilmember O'Connor stated that she is opposed to a tax increase and that a 2% increase in wages should be enough. MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION DECEMBER 11, 2006 CITY HALL COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL 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 t� base per year. He sta.ted 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 Cartnody moved and Councilmember Lasman seconded to close the Informal Open Forum at 6:53 p.m. Motion passed unanimously. 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 a Kra ess and Councilmembers Kathleen Cannody, Kay Lasman, Diane Niesen, and Mayor Myrn gn 1Viary O'Connor. Also present were City Manager Curt B D� Jo Attorney Charl e LeFeverer Todd Blomstrom, Director of Fiscal Support Services 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 yeax. Councilmember Lasman sta.ted on November 28, 2006, she a�ea n w fac 1'ity a howcased. She Convention and Visitors Bureau Open House holiday event where stated on November 29, 2006, she attended a reception hosted b onalit n She stat d on December elected officials from surrounding communities discussed comm 2006, she attended the North Hennepin Chamber of Comm ded the North Hennepi �Area Chamber of reports were given. She stated on December 7, 2006, she atten Commerce Holiday Open House where elected officials and business people discussed commonalrties. Councilmember O'Connor stated she attended the Riverwo� did a j b of explaining the project meeting that was well attended and the Engineering Departmen g a or Kra ess stated she attended the Visit Minneapolis North reception a�l m�� eh�e Msh e ould M Y She stated there Y P p City Council reception held at the new Minneapolis Library. ank for su ort given during her term as Mayor, such as City Staff, Volunteers, and Council like to th PP Members. 7, APPROVAL OF AGENDA AND CONSENT AGENDA Co uncilrnember Lasman moved and Councilmember Carmody seconded approval N �o ember 27, 2006 a and agenda with the amendments to th�e �e December 462006 T th in Taxation Budget Hearing as Study Session and Regular Session, consent items were approved: discussed at the Study Session. The following 7a. APPROVAL OF MINUTES 1, 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 Taxation Hearing 2 DRAFT 12/11/06 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 Free�vay Boulevard Refls Sports Bar Grill 1 2545 County Road 10 T. G. I. Friday's 2690 Freeway Boulevard LIpUOR CLASS C ON-SALE INTOXICATING AND SUNDAY Days Inn j 1501 Freeway Boulevard LIOUOR CLASS D ON-SALE INTOXICATING AND SUNDAY Boba Cafe 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 Ref's Sports Bar Grill 2545 County Road 10 T. G. I. Friday's 2690 Freeway Boulevard 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 1 6301 Shingle Creek Paxkway Davanni's Pizza and Hot Hoagies 5937 Summit 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 uor license application and payment of property and e li et 3 Subject to submittal of com}�1 q lodging taxes MECHANICAL, Joseph Consulting 34 Imperial Dr E, West St. Paul White Bear Mechanical 2379 Leibel St, VJhite Bear Lake TOBACCO RELATED PRODUCT, 2200 Freeway Blvd Driftwood Hospitality Management, Inc 6390 Brooklyn Blvd Walgreen Company Motion passed unanimously. 8. PUBLIC HEARING 8a. ORDINANCE NO. 2006-06 RELATING TO D ISCHARGES AND CONNECTIONS TO THE STORMWATER SYSTEM Public Works Director/City Engineer Todd Blomstrom staxed the Ordinance basc 1He� g°V ��h 2006; published in the official newspaper on October 26, 2006; and a P 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 sec adeds o�pmn the Public Hearing on an Ordinance Relating to Discharges and Connections to the Storm w Y Motion passed unanimously. No public input was offered. Councilmember Cannody moved and Councilmember Lasman seconded to close the Public 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 ce how the ordinance was derived, and s ources of reference. of the ordinan D�'T 11/06 4 12/ Councilmember O' Connor v ed. oted against the same. Motion pass 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 typographica.l 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 200? 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 Yeax 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 g. 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 sLUnmarized the following: Proposed Property Tax Levy Residential Homestead Tax Capacity 2007 Residential Properiy Tax Components T� Capacity for Aparkments, Commercial and Residential Properiy 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 Sta.tus 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 Councilxnember 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 appropa a�tned rev ewed S rior t g he budgegprocess, �e private industry. She stated the pay plan should be adopte P 6 DRAFT 12/11/06 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 Sta.tutes Chapter 469.033 for the City of Brooklyn Center Housing and Redevelopment Authority for Fiscal Year 2007. Councilmember O'Connor voted against the same. Motion passed. 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 Caimody 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 DR.AFT 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 �P� ON PROGRAM IN SUPPORT OF OF THE BROOKLYN CENTER CRIME PREVENTI 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 sta.ted 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 Cannody seconded adoption of RESOLUTION NO. 2006-150 Esta.blishing the Interest Rate for 2007 Special Assessments. Councilmember O'Connor sta.ted axr interest rate of 6% is too much and it should be kept at 5.5%. Councilmember Lasman responded a formu.la deternzines 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 sta.ted 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 Mayor Kragness stated an application for the Housing Commission was received by Yolonde Lee. She 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 Mr. Boganey indicated that the May 28, 2007, City Council meeting was modified so that a meeting would not be held on Memorial Day. 12/11/06 9 DRAFT 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 adjournment of the City Council meeting at 8:49 p.m. Motion passed unanimously. City Clerk Mayor 12/11/06 10 DRAFT 1VIINUTES OF THE PROCEEDING IN THE COUN'T Y OF THE CITY OF BROOKLYN C OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANU�Y 8, 2007 CITY HALL COUNC� CH�B CALL TO ORDER 1 Center City Council met in Study Session called to order by Mayor Tim Willson The Brook yn at 6:03 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Ka.y Lasman, M�y p'Connor, Dan Ryan, a�1d Mark Yelich. Also present were City ManaSer Curt Bog�eY� �'d City Clerk Sharon Knutson. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS ber O'Connor submitted the following change to the minutes of the December 11, Councilmem 2006, City Council Regular Session: Pa e 6, Second to Last Paragraph g member O' Connor stated t� increases are not needed and the tax Council payers cannot afford the proposed 2.85% increase in property taxes the ro osed change to the minutes, and it was the There was Council discussion regarding P P consensus of the City Council to reyuest City staff to� il Regul p Sess on from e majority mber 11, 2006, City Co he Dece inutes of t and remove the m agenda. 7f and 7g be removed from the Consent uncilmember O'Connor requested Item Nos. �e� that Item Nos. 7e, 7f, and 7g would be Co lson stated il v or W and 7 arification. May o s. �t, 7u, nda for further cl deration Item N A e cil Consi g Coun remove d from the Consent Ag enda to respectively. The Council discussed Item No. 10a, which City IVlanager Curt Boganey deferred to Planning and Zoning Specialist Ron Warren at the City Council Regular Session. iscussion regaxding Item No. 11.1. clarifying that the proposed ordinance There was Council d amendment was enforceable to ensure that decorative banners would be ma.intained by the property owner. DRAFT -1- O1/08/07 The Council discussed Item No. l lj regarding the proposed agenda for the Council retreat to be held January 13 and the addition of an agenda item to clarify and refine City Council goals. Mr. Boganey said he would notify the facilitator. MISCELLANEOUS CHILDREN'S SAFETY NEAR STORM WATER PONDS AT EARLE BROWN ELEMENTARY SCHOOL COUNCILMEMBER O'CONNOR Mr. Boganey explained that Councilmember O'Connor requested children's safety neaz storm water ponds at Earle Brown Elementary School be added to the Study Session agenda. He said Director of Public Works/City Engineer Todd Blomstrom reviewed the plan for the storm basin at Earle Brown Elementary School; it is not City-owned property, however, the City has an easement. He said the pond was designed in a manner to create a flat-shelf area and is up to four and one-half feet deep. He stated the City Attorney has been asked to analyze this issue. He said a meeting could be scheduled with school representatives to discuss this issue. Councilmember O'Connor said she tutors at Earle Brown Elementary School, and the head of the after school program and school children have reported that children are going onto the thin ice on the pond, creating a very dangerous situation. She raised the question of how to make the pond safe. Further discussion ensued regarding the safety of ponds in general. Mr. Boganey explained that when ponds are proposed to be built, the liability is taken into account. It was the majority consensus of the City Council to have the City Attorney provide an analysis on the safety of the pond at Earle Brown Elementary School and to request City staff to meet with school representatives to discuss the issue. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS Mr. Boganey said there were no work session agenda items scheduled for this evening; however, a tentative work session agenda for future meetings was included in the packet. He stated Councilmember Lasman had requested two additional items for a future work session, 1) code enforcement program for City of Excellence Award, and 2) Welcome Wagon. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:30 p.m. Motion passed unanimously. Ci Clerk Mayor �Y O1 /08i07 -2- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JANUARY 8, 2007 CITY HALL COUNCIL CHAMBERS l. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM, The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey and City Clerk Sharon Knutson. Mayor Willson opened the meeting for the purpose of Informal Open Forum. Dave Looby, North Hennepin Area Chamber of Commerce, addressed the Council and welcomed the new members and introduced himself. He stated he had new maps for distribution. Councilmember Lasman moved and Councilmember Ryan seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson offered a moment of silence as the Invocation. ADMINISTER CEREMONIAL OATH OF OFFICE ce to Ma or Tim Willson and City Clerk Sharo n Knutson administered the Oath of Offi y Councilmembers Dan Ryan and Mark Yelich. PASSING OF THE GAVEL Former Mayor Myrna Kragness passed the gavel to Mayor Tin� Willson. O1/08/0? -1- DRAFT 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:08 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Maxk Yelich. Also present were City Manager Curt Boganey, Director of Public Works/City Engineer Todd Blomstrom, Planning and Zoning Specialist Ron Warren, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. COUNCIL REPORT Councilmember Lasman reported attending former Mayor Myrna Kragness' retirement party. Mayor Willson and Councilmembers O'Connor, Ryan, and Yelich had nothing to report. 7. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Lasman moved and Councilmember Yelich seconded approval of the Agenda and Consent Agenda with the removal of Item No. 7.a.2 from the Consent Agenda; changing Item No. l ls to l lv; and the removal of Item Nos. 7e, 7f, and 7g from the Consent Agenda to Council Consideration Item Nos. lls, llt, and llu, respectively. The following consent items were approved: 7a. APPROVAL OF MINUTES 1. December 11, 2006 Study Session 7b. LICENSES FIREWORKS PERMANENT Dollar Saver 6096 Shingle Creek Parkway GASOLINE SERVICE STATION Holiday Stationstores #Z92 420 66th Avenue N Humboldt Shell 6840 Humboldt Avenue N Perfect Car Wash #504 6849 Brooklyn Blvd Royalty Sons, Inc (Brooklyn BP) 6044 Brooklyn Blvd i O1/08/07 -2- DRAFT MECHANICAL Advanced Energy Services, Inc. 3650 Annapolis Lane N, Plymouth Master Gas Fitters 2242 Jennifer Lane, North St. Paul RENTAL Renewal 1304 68th Lane N Samuel Holloway III 5825 Colfax Ave N Beulah Hill 1607 Irving Lane N Eugene Sesonga 7208 Perry Court E Vincent Okonkwo 5207 E Twin Lake Blvd David Ulhorn The Pines 6511-21 Humboldt Ave N The Pines North LLC (2 Bldgs, 102 Units) 13 Disturbing, 1 weapons, 1 fire Centerpointe Apts 2800 Northway Drive Hyder Jaweed (21 Bldgs, 252 Units) 3 assaults, 49 disturbing, 5 burglaries, 1 weapons, 1 forgery, 8 drugs,, 3 robbery, 1 loud party, 7 auto thefts Initial 5500 Bryant Ave N(1 Bldg, 4 Units) Joshua Makinde 2 noise, 1 disturbing (There were no calls for service for the following properties) 6618 Colf� 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) Joshua Makinde SECONDHAND GOODS DEALER GameStop 1307 Brookdale Mall GameStop 6068 Shingle Creek Parkway TOBACCO RELATED PRODUCT CVS Pharmacy 5801 Brooklyn B1vd Dollar Saver 6096 Shingle Creek Parkway Holiday Stationstores #292 420 66th Avenue N Holiday Stationstores #2099 6890 Shingle Creek Parkway Humboldt Shell 6840 Humboldt Avenue N Perfect Car Wash #504 6849 Brooklyn Blvd Royalty Sons, Inc (Brooklyn BP) 6044 Brooklyn Blvd S&I Tobacco 6930 Brooklyn Blvd 6350 Brookl Blvd Sun Foods Yn Value Food 6804 Humboldt Av enue N O1/08/07 -3- DRAFT 7c. RESOLUTION NO. 2007-01 DESIGNATING OFFICIAL NEWSPAPER 7d. RESOLUTION NO. 2007-02 DESIGNATING DEPOSITORIES OF CITY FUNDS Motion passed unanimously. 8. PRESENTATIONS There were no presentations. 9. PUBLIC HEARING There w t as no a Pubhc Heanng scheduled for tlus meeting. 10. PLANNING COMMISSION ITEMS 10a. 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 City Manager Curt Boganey introduced Planning Commission Application No. 2006-0013 submitte d b Lori Athias re uestin site and bu'ldi a roval for a tw unit townhouse at y q g i ng plan pp o 4821 Twin Lake Avenue North. Planning and Zoning Specialist Ron Warren said the Planning Commission recommended approval of Planning Commission Application No. 2046-0013 subject to 13 conditions outlined in its December 14, 2006, minutes. Mr. Warren displayed an area map showing the location of the property under consideration and explained that the applicant plans to clear the land of the existing single family home and garage and build a two-unit, two-story townhome with attached garages. He reviewed the sanitary sewer easement encroachment and discussed the plan revision that the applicant must submit in order to proceed. He stated the applicant has submitted a landscape plan in response to the landscape point system used to evaluate such plans. Councilmember Lasman moved a.nd Councilmember Ryan seconded approval of Planning Commission Application No. 2006-0013 subject to the following conditions recommended by the Planning Commission: l. 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 pernuts. All conditions listed in the Public Works Director's memo of December 11, 2006, must be complied with. O l /08/07 -4- DRAFT 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 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 properiy 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 work performed and materials used for Center�'s current standard spec ficat o n and g u t t e r s h a l l c o n f o r m t o t h e C i t y o f B r o o k l y n details. 8. The applicant 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 obta.ining a driveway permit from the City's engineering department prior to establislvng the new driveway to serve the site. 11. The owner of the property shall obta.in 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 or file a condomi t um declaration under the Minnesota Condominiuxn Act if the units are to be sold separ y 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 pernuts for this project. Motion passed unanimously. O1/08/07 -5- DR.AFT 11. COUNCIL CONSIDERATION ITEMS 11 a. RESOLUTION NO. 2007-03 EXPRESSING RECOGNITION AND APPRECIATION OF MYRNA KRAGNESS FOR TWELVE YEARS OF DEDICATED PUBLIC SERVICE AS MAYOR Councilmember Lasman read the Resolution Expressing Recognition and Appreciation of Myrna Kragness for Twelve Years of Dedicated Public Service as Mayor and Mayor Willson presented a recognition wall plaque to Myrna Kragness. llb. RESOLUTION NO. 2007-04 EXPRESSING RECOGNITION AND APPRECIATION OF KATHLEEN CARMODY FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Mayor Willson read the Resolution Expressing Recognition and Appreciation of Kathleen Cannody for Her Dedicated Public Service as Council Member. Kathleen Carmody was not present to receive the recognition wall plaque. llc. RESOLUTION NO. 2007-OS EXPRESSING RECOGNITION AND APPRECIATION OF DIANE NIESEN FOR HER DEDICATED PUBLIC SERVICE AS COUNCIL MEMBER Councilmember Lasman read the Resolution Expressing Recognition and Appreciation of Diane Niesen for Her Dedicated Public Service as Council Member and Mayor Willson presented a recognition wall plaque to Diane Niesen. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007-03 Expressing Recognition and Appreciation of Myrna Kragness for Twelve Years of Dedicated Public Service as Mayor; RESOLUTION NO. 2007-04 Expressing Recognition and Appreciation of Kathleen Cannody for Her Dedicated Public Service as Council Member; and RESOLUTION NO. 2007-OS Expressing Recognition and Appreciation of Diane Niesen for Her Dedicated Public Service as Council Member. Motion passed unanimously. lld. RESOLUTION NO. 2007-06 EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS Councilmember Lasman read the Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions and Mayor Willson presented certificates of appreciation to those members recognized who were present. Councilmember La.sman moved and Councilmember O'Connor seconded adoption of RESOLUTION NO. 2007-06 Expressing Recognition and Appreciation of Members Who Have Served on City Commissions. Motion passed unanimously. O1/08/07 -6- DRAFT lle. SELECT PRESIDING OFFICERS MAYOR PRO TEM AND ACTING MAYOR PRO TEM Mayor Willson requested ratification of Councilmember Lasman as Mayor/President Pro Tem and Councilmember O'Connor as Acting Mayor/President Pro Tem. Councilmember Lasman moved and Councilmember Ryan seconded ratification of Councilmember Lasman as Mayor/President Pro Tem and Councilmember O' Connor as Acting Mayor/President Pro Tem. Motion passed unanimously. ll.f RESOLUTION NO. 2007-07 DECLARING COMMITMENT TO THE BROOKLYN CENTER CITY CHARTER Mayor Willson read the Resolution Declaring Commitment to the Brooklyn Center City Charter. Councilmember Lasman moved �d o�i the Brooklyn Center Crty Chart of RESOLUTION NO. 2007-07 Declarmg C Motion passed unaniinously. llg. MAYORAL REAPPOINTMENTS TO CITY ADVISORY COMMISSIONS Mayor Willson requested ratification of reappointments to City Advisory Commissions. Councilmember Lasman moved and Councilmember Yelich seconded ratification of the Mayoral reappointments to City Advisory Commissions as follows: Financial Commission Mark Nemec 5538 Camden Avenue North Susan Shogren Smith 600 62nd Avenue North Housing Commission Kris Lawrence-Anderson 5213 Eleanor Lane Park and Recreation Commission John Russell 5312 Lilac Drive North Thomas Shinnick 5324 Oliver Avenue North Planning Commission Grady Boeck 5601 Indiana Avenue North Gary Ford 5630 Lilac Drive North Sean Rahn 5740 Irving Avenue North Northwest Hennepin Human Services Council Advisory Commission Joshua Xiong 5706 Bryant Avenue North O1/08/07 -7- DRAFT Northwest Suburbs Cable Communications Commission Rex Newman 3107 61 st Avenue North Councilmember O'Connor inquired if notice of vacancies was posted for 30 days. Mayor Willson responded that this item relates to reappointments of commission members currently serving and wishing to continue service on their respective commission. Motion passed unanimously. llh. MAYORAL APPOINTMENT FINANCIAL COMMISSION Mayor Willson requested ratification of his nomination of Rex Newman, 3107 61 st Avenue North, to the Financial Commission. Councilmember Lasman moved and Councilmember Ryan seconded ratification of the Mayoral appointment of Rex Newman, 3107 61 st Avenue North, to the Financial Commission. Motion passed unanimously. lli. 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 Mayor Willson requested ratification of his appointments of City Council Members to serve as liaisons to City Advisory Commissions and as City representatives/voting delegates for other organizations for 2007. Councilmember Lasman moved and Councilmember Yelich seconded ratification of 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 as follows: Financial Coxrunission Mark Yelich Housing Commission Dan Ryan Park and Recreation Commission Mary O'Connor Crime Prevention Program Kay Lasman Northwest 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 Nortli 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 O l/08/07 -8- DRAFT Councilmember O'Connor stated she believes there should be a Council liaison to the Planning S Commission. Motion passed unanimously. 11 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 NO. 2007-08 ACCEPTING A PROPOSAL FOR A LEADERSHIP PLAN1vING TEAM BUILDING RETREAT PROPOSED BY DON SALVERDA ASSOCIATES Mr. Boganey explained that the first part of the request to amend the 2007 City Council meeting schedule is to change the date of the first Council meeting in November to Tuesday, November 13, due to the Veteran's Day holiday. Mr. Boganey said the second part of the request is to adopt a resolution accepting the proposal for a facilitated retreat and to schedule the retreat for Saturday, January 13, at 8:30 a.m. at Earle Brown Heritage Center. Councilmember O'Connor requested the two items be voted on sepaxately. Councilmember Lasman moved and Councilmember Ryan seconded to change the date of the first Council meeting in November to Tuesday, November 13. Motion passed unanimously. Councilmember Lasman moved and Councilmernber Yelich seconded adoption of RESOLUTION NO. 2007-08 Accepting a Proposal for a Leadership Planning Team Building Retreat Proposed by Don Salverda Associates. Motion passed unanimously. llk. RESOLUTION NO. 2007-09 RECEIVING AND ACCEPTING THE 2006 GOAL SETTING RETREAT REPORT OF NOVEMBER 11, 2006, AS PREPARED BY DONALD 5ALVERDA ASSOCIATES Mr. Boganey explained that the 2006 City Council and City Council-elects had met on November 1l, 2006, in a facilitated retreat to establish goals for 2007, and the facilitator had prepared a summary retreat report and it is offered in a resolution for acceptance. Councilmember O'Connor stated she would not be voting in favor of this report as she does not agree with some of the priorities listed. O 1 /08/07 -9- DR.AFT Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007-09 Receiving and Accepting the 2006 Goal Setting Retreat Report of November 11, 2006, as Prepared by Donald Salverda Associates. Councilmember O'Connor voted against the same. Motion passed. 111. AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY CODE OF ORDINANCES REGARDING THE DISPLAY OF DECORATIVE BANNERS Mr. Boganey said the City received a request from a property owner to allow the display of decorative banners from light poles on their property. He stated the City Council reviewed the proposed ordinance amendment at its November 27, 2006, Work Session, and directed that the matter be placed on its agenda for the first meeting in January 2007. roval of first readin of econded a erR ans g Councilmember La.sman moved and Councilmemb pp Y An Ordinance Amendin Cha ter 34 of the Ci Code of Ordinances Regarding the Display of g p tY Decorative Banners and setting second reading and Public Hearing for February 12, 2007. Councilmember O'Connor inquired if the ordinance amendment should clarify that the light standards be located on private property. Mr. Warren responded that Chapter 34 of the City Code of Ordinances only regulates private property and prohibits signs within the public right of way. Motion passed unanimously. llm. RESOLUTION NO. 2007-10 ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUSLIC HEARING, IMPROVEMENT AND 08 RIVERWOOD AREA PROJECT NOS. 2007-05, 06, 07 NEIGHBORHOOD STREET, STORM DRAINAGE, AND UTILITY IMPROVEMENTS Director of Public Works/City Engineer Todd Blomstrom stated there are two items for consideration, the first being the acceptance of the feasibility report and the second calling for Public Hearings on the project and the proposed special assessments. Mr. Blomstrom showed a PowerPoint presentation related to the Riverwood Area Neighborhood Improvement Proj ect. He said the City's Capital Ixnprovement Program identifies the Riverwood Area Neighborhood Improvement Project for construction in 2007 and reviewed the project area, which is located east of T.H. 252, south of 73rd Avenue North to I-694 with the exclusion of Riverwood Lane. Mr. Blomstrom discussed the water distribution system, sanitary sewer collection system, storm water drainage system, and street reconstruction, noting residents along the 7200 block of Dallas i Road have submitted a petition requesting the City to consider a two-inch thick overlay. He said there is a limited amount of area for a storm water pond and discussed an alternate approach using rain gardens and in-hne treatment devices (underground vaults) is proposed. O1/08/07 -10- DR.AFT Mr. Blomstrom stated the estimated project cost is $4,771,000 he r S V ec al asses m nt e�es by as outlined in Table 1 of the feasibility report. He reviewed p property type, noting the special assessments were calculated in accordance with the City's Special Assessment Policy. He reviewed the preliminary project schedule. There was Council discussion regarding pedestrian safety and security. Mr. Blomstrom indicated that the feasibility report addresses street lighting and requests for mid-block street lights. He said the project includes a proposed sidewalk along the west side of Willow Lane from 66th Avenue to the terminus near I-694. Councilmember O'Connor asked where the storm water drains. Mr. Blomstrom responded that the storm water drains to the Mississippi River. Councilmember Lasman moved and Councilmember Y elich seconded adoption of RESOLL7TION NO. 2007-10 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. Councilmember O'Connor voted against the saxne. Motion passed. lln. RESOLUTION NO. 2007-11 DECLARI�N NG O ON T PROPOSED SS SPECI�AL CALLING FOR A PUBLIC HE ASSESSMENTS FOR IMPROVEMENT ARN GHBORHOOD STREET AND CONTRACT 2007-B, RIVER�'VOOD ARE STORM DRAINAGE IMPROVEMENTS Mr. Boganey said that with the acceptance of the feasibility report for the Riverwood Area Neighborhood Improvements, it is recommended that the City Coun on with the o elct. Hearing to consider the propose d specia l as s e s s m e n t s t o b e l e v i e d i n c o n u n c t P ember R an seconded adoption of RESOLUTION an moved and Councilm Y ouncilmember Lasm o osed C n Pr -11 D eclarin Cost to be Assessed and Calling for a Public Hearing o p 2007 g 7-B O. 200 N ontract Special Assessments for Improvement Pro�ect Nos. 2007-OS and 06, C Riverwood Area Neighborhood Street and Storm Dra.inage Improvements. Councilmember O'Connor voted against the same. Motion passed. llo. RESOLUTION N0. 2007-12 CALLING FOR IN C UNTY COMMUNI PROPOSED USE OF 2007 URBAN HENNEP DEVELOPMENT BLOCK GRANT FUNDS Mr. Boganey explained that the City has received Community Development Block Grant (CDBG) funds for several years and there are CDBG funds available for 2007. He said in order to expend the funds, it is necessary to schedule a Public Hearing on the City's proposed use of the 2007 Urban Hennepin County Community Development Block Grant Program allocation. He stated it is recommended to adopt the resolution calling for the Public Hearing for February 12, 2007. O1/08/07 -11- DRAFT Councilmember O'Connor stated the federal government should not be collecting taxes and passing the money to the County and City, but rather it should be reducing the t�es at the federal leveL Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007-12 Calling For a Public Hearing on Proposed Use of 2007 Urban Hennepin County Community Development Block Grant Funds. Councilmember O'Connor voted against the same. Motion passed. llp: RESOLUTION NO. 2007-13 APPROVING THE CONTRACT FOR LOCAL 49 (PUBLIC WORKS MAINTENANCE) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 2007 AND 2008 Mr. Boganey stated the City and Loca149 have negotiated a contract for calendar years 2007 and 2008. He said there are minor changes to the contract language. He explained that the City has attempted to maintain competitiveness in the market place by providing wages that were consistent with the nine cities that were established by the City Council as similar communities. He said that the proposed salary level is at the mid-point of the range. Councilmember O'Connor inquired if the insurance benefit in the contract is the same as the non-union City employees. Mr. Boganey responded affirmatively. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007-13 Approving the Contract for Local 49 (Public Works Maintenance) and the City of Brooklyn Center for the Calendar Years 2007 and 2008. Councilmember O'Connor moved to amend the resolution to increase wages 3% effective January l, 2007, and increase wages 3% effective January 1, 2008. Motion failed for lack of second. Voting in favor of the original motion: Mayor Willson and Councilmembers Lasman, Ryan, and Yelich. Councilmember O'Connor voted against the same. Motion passed. llq. RESOLUTION NO. 2007-14 AMENDING SECTION 7.1 OF THE CITY'S PERSONNEL RULES AND REGULATIONS REGARDING CITY HOLIDAYS Mr. Boganey explained that the Station Service Officers (SSOs) have a position similar to the former position of Public Safety Dispatcher in that the position is a twenty-four hour/seven day a week essential position. He said the SSOs are required to work holidays and it is difficult to schedule time off on the holidays. He said the former position of Public Safety Dispatcher was allowed to bank holiday hours due to the nature of the position. He stated the resolution would amend the Personnel Rules and Regulations to allow SSOs to bank holiday hours. Councilmember O'Connor asked how many SSOs are employed. Mr. Boganey responded that he believed there were approximately seven, which are both full-time and part-time positions. O 1 /08/07 -12- �DRAFT Councilmember O'Connor inquired if the holidays were the same as union employees. Mr. Boganey responded that the SSOs are non-union employees and the holidays could vary by union contract, but would be quite similar. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007-14 Amending Section 7.1 of the City's Personnel Rules and Regulations Regarding City Holidays. Motion passed unaniinously. 11 r. OPPORTUNITY SITE AREA 1, RESOLUTION NO. 2007-15 ESTABLI� INT A��M4RATORIUM ON DEVELOPMENT IN THE OPPORTUNI Mr. Boganey said the City Council discussed the Opportunity Site Area in November 2006 and directed staff to prepare a resolution and ordinance establishing a moratorium on development within the boundaries of the Opportunity Site Area. He said the adoption of the resolution would prohibit the acceptance of new applications for re-zonings, subdivisions, conditional use permits, site plan applications, or building permits for new buildings or expansions of existing buildings within the boundaries of the Opportunity Site Area. He stated the intent of the moratorium is to provide adequate time for City staff to study the findings and recommendations of the Opportunity Site Task Force and to consider land use modification and redevelopment standards as part of the Comprehensive Plan update. He noted the resolution does allow for the City Council to approve exceptions to the moratorium if it detennines that the approval would not interfere with the purposes for which the moratorium was adopted. Councilmember Lasman moved and Councilmember Yelich seconded adoption of RESOLUTION NO. 2007-15 Establishing a Moratorium on Development in the Opportunity Site Area. Councilmember Lasman clarified that the moratorium would not exceed twelve months. Councilmember O'Connor stated that School District No. 286 is in the Opportunity Site Area, and she doesn't believe the City should establish a moratorium in this area to prevent building and receiving taxes. She said she would be voting against the moratorium. Councilmember O'Connor voted against the saxne. Motion passed. 2, AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCES5 AND THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, AND REGULATING AND RE5TRICTING DEVELOPMENT IN THE OPPORTUNITY SITE AREA Mr. Boganey said the interim ordinance would implement the moratorium and is offered for first reading and requested to schedule the second reading and Public Hearing for February 12, 2007. O1/08/07 -13- DRAFT Councilmember O'Connor raised the issue of adopting both the resolution and the ordinance. City Attorney Charlie LeFevere explained that most cities can adopt an ordinance on first reading; however, Brooklyn Center is a Charter City and the adoption of an ordinance is a more lengthy process requiring published notices and a Public Hearing. He said the adoption of the resolution establishes the moratorium until the ordinance takes effect. Councilmember Lasman moved and Councilmember Yelich seconded approval of first reading of 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 and setting second reading and Public Hearing for February 12, 2007. Councilmember O' Connor voted against the same. Motion passed. lls. (FORMERLY CONSENT AGENDA ITEM NO. 7e) RESOLUTION NO. 2007-16 APPOINTING CURT BOGANEY AS DIRECTOR AND JIM GLASOE AS ALTERNATE DIRECTOR TO THE BOARD OF DIRECTORS OF HENNEPIN RECYCLING GROUP Mr. Boganey stated this item was removed from the Consent Agenda at the request of Councilmember O'Connor. Councilmember O'Connor asked how it helps the City to belong to the Hennepin Recycling Group (HRG) and whether it costs any money to belong and if the City can go on its own. Mr. Boganey responded that it does not cost the City any money to belong to the HRG, and he believes the HRG does get a better cost for the service provider than the City would on its own. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007-16 Appointing Curt Boganey as Director and Jim Glasoe as Alternate Director to the Boaxd of Directors of Hennepin Recycling Group. Motion passed unanimously. llt. (FORMERLY CONSENT AGENDA ITEM NO. 7fl RESOLUTION NO. 2007-17 RECOG1vIZING THE CONTRIBUTIONS OF ETHNIC POPULATIONS AND HERITAGE CELEBRATIONS Mayor Willson stated this item was removed from the Consent Agenda at the request of Councilmember O'Connor. Councilmember O'Connor said she doesn't think the City should be honoring only certain ethnic groups, as there may be groups that are left out. Councilmember Lasman responded that when the resolution was first drafted a couple of years ago she had addressed that issue and the last paragraph was added to be all inclusive. Councilmember Lasman moved and Councilmember Ryan seconded adoption of RESOLUTION NO. 2007-17 Recognizing the Contributions of Etlu�ic Populations and Heritage Celebrations. O1/08/07 -14- DRAFT Councilmember O'Connor voted against the same. Motion passed. llu. (FORMERLY CONSENT AGENDA ITEM �NO. HO�ZI G FINAL P ACCEPTING WORK PERF�RMED �D IMPROVEMENT PROJECT NO. 2005-05, CONTRACT 2005-G, TWIN LAKE AVENUE STREET, STORM DRAINAGE AND UTILITY IMPROVEMENTS Ma or Willson stated this item was removed from the Consent Agenda at the request of Y Councilmember O'Connor. Councihnember O'Connor inquired if this was the on a b vel k and xpla'm d that rt origin lly on the water table. Mr. Blomstrom responded affirm y part of the 2002 project but was delayed unti12005. Councilmember O'Connor asked if the contingency costs are paid d to various consultants. Blomstrom responded negatively, and said the contingency funds are pa.i Mayor Willson stated this proj ect was approved by the CWt�y k�e o l �ed e and make final completed the work, and this resolution would accept the p payment to the contractor. C ouncilmember Lasman moved and Councilmember Yelich seconded Pa n ent RESOLUTION NO. 2007- OS-OS Contract 2005 G, Tw Lake A enue Street, Storm Drainage Improvement Pro�ect No. 20 and Utility Improvements. Motion passed unanimously. llv. (FORMERLY COUNCIL CONSIDERATIO COUNCIL A OURN O F P R O P O 5 j E SESSION FOLLOWING EDA MEETING) TO EXECUT City Attorney LeFevere explained the City Coun sed ettlem of the Me politan Counc 1 immediately reconvene to consider the propo Environmental Services claim. RECESS Councilmember Lasman moved and Councilmember Ye ed follownn e the EDA m ting.�e City Council meeting at 8:38 p.m. to be immediately reconven g Motion passed unanimously. RECONVENE, Councilmember Lasman moved and Councilmember Yelich seconded to reconvene the City Council meeting at 8:41 p.m. O1/08/07 -15- DR.AFT Mr. LeFevere explained that this item is a proposed settlement of a claim brought by ental ervices CES He stated one of the exce tions to the Metropolitan Council Environm S (M P e that allows the Cit Council to meet with its o en meetin law is the attorne -client privileg y P g y le al c sel in closed Execuhve Session to discuss nvile ed, non- ublic information. g oun p S P RECESS Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:43 p.m. to be immediately reconvened following the Executive Session. RECONVENE Councilmember Lasman moved and Councilmember Ryan seconded to reconvene the City Council meeting at 9:00 p.m. Mayor Willson explained the City Council met in closed Executive Session under the attorney- client privilege to discuss a proposed settlement of a claim brought by Metropolitan Council Environmental Services (MCES). He said no action was taken to resolve the issue and provided instruction to the City Manager to bring the item back for a future Council meeting. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Yelich seconded adjournment of the City Council meetin at 9:02 .m. P P Motion passed unanimously. City Clerk Mayor Ol/08/07 -16- 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 EXECUTIVE SESSION JANUARY 8, 2007 SHINGLE CREEK CONFERENCE ROOM CALL TO ORDER The Brooklyn Center City Council met in Executive Session called to order by Mayor Tim Willson at 8:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Kay Lasman, Mary O'Connor, Dan Ryan, and Mark Yelich. Also present were City Manager Curt Boganey, Director of Public Works/City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and City Clerk Sharon Knutson. The City Council and City Attorney discussed a proposed settlement of Metropolitan Council Environmental Services (MCES) claim. The City Attorney reminded Council Members that the information discussed in Executive Session is confidential under the attorney-client privilege. ADJOURNMENT The Brooklyn Center City Council Executive Session adjourned at 8:59 p.m. City Clerk Mayor O 1 /08/07 -1- DRAFT City Council Agenda Item No. 7b i City of Brooklyn Center A Millennium Community TO: Curt Boganey, City Manager FROM: Sharon Knutson, Cit Clerk �SJ' Y DATE: January 18, 2007 SUBJECT: Licenses for Council Approval The following businesses/persons have applied for City licenses as noted. Each business/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 22, 2007, are as follows: FIREWORKS PERMANENT Target 6100 Shingle Creek Parkway LIOUOR OFF-SALE 3.2 PERCENT MALT LIOUOR, Sun Foods, Inc. 6350 Brooklyn Boulevard MECHANICAL Southtown Refrigeration 6325 Sandburg Road, Golden Valley SIGNHANGER Signarama Coon Rapids 455 99th Ave, Coon Rapids 6301 Shingle Creeh 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 City Council Agenda Item No. 7c i Office of the City Clerk BROOKLYN CENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 16, 2007 SUBJECT: Resolution Appointing Curt Boganey as Director to the Board of Directors of LOGIS On Apri124, 1972, the City Council adopted Resolution No. 72-48 authorizing the execution of a joint powers agreement for participation in a Local Government Information System (LOGIS). Article IV of the joint powers agreement defines the Board of Directors and requires the governing body of the City to appoint a director and alternate director. The attached resolution designates City Manager Curt Boganey as Director to the Board of Directors of LOGIS. Information Technology Director Patty Hartwig was appointed by the City Council as Alternate Director on August 12, 2002, by Resolution No. 2002-1 O5. Attachments Resolution LOGIS Joint and Cooperative Agreement Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPOINTING CURT BOGANEY AS DIRECTOR TO THE BOARD OF DIRECTORS OF LOGIS WHEREAS, the City of Brooklyn Center entered into a joint and cooperative agreement with other governmental units of the State of Minnesota to create Local Government Information Systems (LOGIS) on May 1, 1972; and WHEREAS, as stated in Article IV, Section 1, of the joint and cooperative agreement of LOGIS, each member shall be entitled to one director who shall have one vote; and WHEREAS, the joint and cooperative agreement requires the governing body of the City to appoint a director to the Board of Directors of LOGIS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Curt Boganey be appointed to represent the City of Brooklyn Center as director on the Board of Directors of LOGIS. Januarv 22. 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. 2002-87 EXf�IT A SECOND A11�NDMENT TO TAE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, Originally Dated May 1, 1972, As amended By Amendment No. 1, Adopted May 3, 1993 Section 1. Article I, General Puroose. of the Joint and Cooperative Agreement, Local Government Information Systems, as amended, (Agreement) is amended to read as follows: I. GENERAL PURPOSE The General purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for the establishment, operation and maintenance of data processing facilities and management infortnation systems for the use and benefit of the parties and others and (iil aroun health. life. accident. and other insurance and versorinel benefits for the o�cers and emnlovees of the Darties and the or�anization. Sea 2. The terms of fliis amen r' 2002. This amendment is dment are effective as of A il 1 P effective on the date of its execution and delivery by all of the meinbers of the organization in accordance with the Agreement. i I AR�ENDNIENT NO. 1 TO LOCAL GOVERNMENT INFORMATION SYSTEMS JOINT AND COOPERATNE AGREEMENT The parties to this Amendment No. 1(Amendment) are governmental units of the State of Minnesota. This Amendment amends certain provisions of the Joint and Cooperative Agreement (Agreement), effective May 1, 1972 which created Local Government Information Systems (LOGIS) and under which LOGIS operates. The Agreement and the Amendment are made and entered into pursuant to Minnesota Statutes, Section 471.59. Section 1. Article IX, Section 2 of the Agreement is a�nended in its entirety to read as follows: "Section Z. The annual budget of LOGIS must be adopted in the following manner: (a) annually prior to June 1 the Board will supply each member with a proposed preliminary budget; (b) annually prior to the annual meeting of the Board in July the Board will supply e�ch member svith a proposed budget adjusted for withdrawal notifications received pursuant to Article XII; (c) the annual budget must be adopted at the annual meeting of the Board in July. Promptly after adoption of the budget, the Board must mail copies of the budget to the chief administrative officer of each member. Upon adoption of the budget each member is obligated to LOGIS for the budgeted revenues and cost sharing charges fixed by the Board for the ensuino fiscal year in accordance with this Article." Sec. 2. Article XII is amended by adding a new Section 2 to read as follows: "Section 2. A member who has not given notice of withdrawal on or before June 15 of a given year is obligated for the budgeted revenues and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with Article IX." Sec. 3. This Arnendment is effective on the date that identical Amendments and resolutions authorizing their execution have been filed in the office of the Executive Director of LOGIS. IN WITNESS WHE�,EOF the undersigned governmental unit has caused this Amendment to be executed on its behalf by its duly authorized officers as of Fe 6r v a Z S t 199L CIT Y OF o a�'� 7 nl C E�l T re. By Its Mayor By Its l? Q� Filed in the office of the Executive Director of LOGIS this �c��`� day of c-� 19 91. G��( 7�'cJl�-�' Executive Director JOINT AA]D COOPERATIVE AGREEMENT LOCAL GOVERNMENT IIgORMATION SYSTEMS The parties to this agreement are governmental units of the State of Mir�nesota. This agreement is made and entered into pursuant to Minnesota Statutes, Section 471.59. I. GENERAL PURPOSE The general purpose of this agreement is to provide for an organiza- tion through which the parties may jointly and cooperatively provide for the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others. ti II. DEFINITION OF TERMS Section l. For the purposes of this agreement, the terms defined in �his.article shall have the meanings given them. Section 2. "Local Government Information Systems" means the organi- zation created pursuant to this agreement, which organization is hereafter referred to as "LOGIS." Section 3. "Board" means Board of Directors of LOGIS, aonsisting of one director from each governmental unit which is a member of LOGIS. Section 4. "Council" means the governing body of the member govern- mental unit, except that in the case of any department or agency of the state, council shall be deemed to mean the Commissioner of Administration of the State of Minnesota. Section 5. "Member" means a governmental unit which enters into this agreement and is; at the time involved, a party in good standing, Section 6. "Governmental unit" means any city, village, borough, town or other political.subdivision of the State of Minnesota or any departrnent-or agency of the state government. Sectiori 7: "Software" means computer programso form designs, user manuals and associated documentation. :.-r.« III. MEP'1BERSHIP Seation.l. Any governmental unit is eligib].e to be a membez of LOGIS. -1- S Section 2. A gover nmental unit desiring to be a member shall exe- cute a copy of this agreement and shall pay the established membership dues and charges. Section 3. The initial members shall be those members who joined LOGIS on or grior to June 1, 1g72. ���c Section 4. Governmental units joining LOGIS after June 1,`197 shal� be admitted only upon the favorable vote of two-tlZirds of the members of the board. Z'he board may impose conditions upon the admission of inem- bers other than the initial members. e gGARD OF DIRECTORS nin bod of LOGIS shall be its Each ver Y The o 4 1 'on g n� ecti S memb�r shall be entitled to one director, who shall have_one vote.. .6 Each member shall also be entitled to one alternate 'on :!i ecti 2 who I S d f th e b oarct an director who shall be entitled to attend meetings o may vote in the absence of the member's directoro 3. Directors and alternate directors shall be appointed by the council of each membere In order for LOGIS to develop data processing and'management information systems which will be int, their member governnental units, the members shall appo �an�-alternates, their chief administrative officera aiternat�seshall�serve i an ilities. Directors general management responsi.b S but this shall not prevent a member from I n from LOG om ensatio h, c c without p providing compensation for its director or alteiaate director if su compensation is authorized by such uni.t and by st ro but a 11 votes mu Section 4o There shall be no voting by p XI'� rnate. 's alte 0 r hi the director son at board meetings by lie-cast--sn per shall be appointed to ioa 5 and alternate directors t Se� I serve until their successors are appointed and qualified. ,f Section 6: When the council of a member appoints a director or an' alternate director, it shall give notice of such appointment to LOGIS in writing. Such n�tice shall include the mailing address of the persons so appointed. The names and addresses shown on such notices may be used as the official names and addresses for the purposes of giviag any notices required by this agreement or by tlze bylaws of LOGIS- Section 7. Any director or alternate director shall be subject removal by the council of the member appointing him, at any time,.with or without cause. �_Section 8: A majority of the votes of the members sha11 constitute -a quorum of the baard. a 2 Section 9. A vacancy on the board shall be filled by the council of the member whose position on the board is vacant. Section 10. A director (or his alternate) shall not be eligible to vote on behalf of his g�vernmental unit during the time that such govern- mental unit is in default cn any contri.bution to LOGIS or on any contract with it. During the existence of such default, the vote or votes of such governmental unit shall not be counted as eligible votes for the purposes of this agreement: If a governmental unit remains in default for a period of more than 45 days on any billing from LOGIS, the membership of such governmental unit automatically shall be terminated. V.• MEETINGS ELECTION OF OFFICERS Section�le Any governmental unit desiring to enter into this agree- ment may do so by-the duly authorized execution of a copy of this agree- ment by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the agreement, together with a certified copy of the authorizing resolution or other action, with the city manager of the City of Brooklyn Center.: Z'he resolution authorizing the execution of the agreement shall also desig- nate the first director and alternate for the member. Z'he agreement shall become effective when it has been authorized by ten (10) governmentaZ units and when executed copies from such governmental units, together witll certified copies of the authorizing resolutions, have been duly filed as set out herein. Within thirty (30) days after the effective date of this agreement, the manager of the City of Brooklyn Center shall cal.l the first meeting of the board, which shall be held not later than fifteen (15) days thereafter. Section 2. P,t the first meeting of the board and in July of each even numbered year after 1972, the board �shall elect from its directors a president, a vice-president and a secretary-treasurer. Section 3. P,t the organizational meeting, or as soon thereafter as it may reasonably be done, the board shall adopt bylaws governing its. procedures including the time, place and frequency of its regular meet- ings. Such bylaws may be amended from time to time. Regular public meet- ings of the board, however, shall be held at least quarterly in the months of January, April, July and October. Section 4. Special meetings of the board may be called (a). by the president, (b) by the executive committee or (c) by the executive com- mittee upon the written request of a majority of the directors. Five days' written notice of special meetings shall be given to the directors and alternates., Such notice shall include the agenda for. the:special I meetinge Section 5e The specific date, time and location of regular and special meeta.ngs of the board shall be dete= by the executive com- mittee. Regular and special meetings the board shall be.held in the seven county twin city metropolitan area. -3= I� Section 6. Notice of regular meetings of the board shall be given to the directors and aTternates by the secretary-treasurer of the board at least fifteen (15) days in advance and the agenda for such meetings shall accompany the notice. However, business at regular meet�ngs of the board need not be limited to matters set forth in the agenda. VI POWERS AND DUTIES OF Tf� BUP.RD a Section I. The powers and duties of the board shall include the powers set forth in this article. Section 2. It shall take such action as it deems necessary and appropriate to accomplish the general purposes of the organization in- cluding the establishment of data processing and information systems, en- gaging in the development and implementation of the necessary programs therefor, acquiri.ng any necessary site, purchasing any necessary sup- plies, equipment and machinery, employing any necessarg personnel and operating and maintaining any systems for the handling of data processing and inanagement information for the members and for others. Any of the foregoing activities, or any other activities anthorized by this agree- ment, may be accomplished by entering into contsacts, leases or-other agreetnents with others, whenever the board shall deem this ta be ad- visable. 3. The board shall have full control and management of the affai.rs of LOGIS including the power to make contracts as it deems neces- sary to make effective any power to be exercised by LOGIS pursuant this agreement; to provide for the prosecution and defense or other participa- tion in actions or proceedings at law in which i.t may have an interest; to employ such persons as it deems necessary to accomplish its duties and powers on a full-time, part-time or consulting basis; to conduct such research and investigation as it deems necessary on any matter related to or affecting the general purposes of the organization; to acquire, hold and dispose of property both real and personal as th� board deems necessary; and to contract for space, materials, supplies and personnel either with a member or with a number of inembers or elsewhere. �Section 4. It may establish and collect membership dues. Section 5. It may establish and collect charges for its services tco members and ta others. -Section 6o Zt may accept gifts, apply for and use grants or loans of money or other property from the state, or any other governmental units or organizations and may enter into agreements required in connection therewith and may hold, use and dispose of such moneys or property in ac- cordance with the terms of the gi£t, grant, loan or agreement.relating. thereto. Section 7. It shall cause�an annual independent audit of the books to be made and shall make an annual financial accounting�and report in -4- writing to the members. Its books and records shall be available for and open to exami.nation by its members at all reasonable times. Section 8. Z� shall establish the annual budget for.the organiza- tion as provided in this agreement.� Section 9. It may delegate authority to the executive committee of the board, between board meetings. Such delegation of authority shall be by resolution of the board and may be conditioned in such manner as the board may determinea Section 10. It may accumuZate and maintain reasonable working capital reserves and may invest and reinvest funds not currently needed for the purposes of the organization. Such investment and reinvestrnent shall be in accordance with and subject to the laws applicable to the�. ihvestment of village funds. Section 11. It shall make its data processing and management in- f o=mation systems available to its members, subject to reasonable charges for the development and processing thereof. Section 12. It may pay the reasonable and necessary expenses of officers, directors and alternates incurred in connection with their duties as such, but this shall�not include the expenses of attending meetings of I,OGIS within the seven county twin city metropo2itan area. Section 13. It may provide for any of its employees to be members of the Public Employees Retirement Association and inay make any required employer contributions to that organization and any other employer con- tributions which municipalities are authorized or required by law to make. Section 14. It may purchase public liability insurance and such other bonds or insurance as it may deem necessary. Section 15. It may exercise any other power necessary and incidental to the impl.ementation of its powers and duties. �7II OFFI CERS 3ection le The officers of the board shall consist of a president, a vice-president and a secretary-treasurer who shall be elected at the regular annual rneeting of the board held,in even numbered years after 1972. New officers shall take office at the adjournment of the annual meetinq of the board at which they are elected. Section 2. A vacancy shall immediately occur in the office of any officer upon his resignation, death or upon his ceasing to be an employee of his member governmental unit. Upon vacancy occurring in�any office, the executive committee shall fill such position until the next meetinq of the board. Section 3. The three officers shall all be members of the executive committee. -5- Section 4.. The president shall. preside at all meetings of the board and the executive committee. The vice-president shall act as president in the absence of the president. r Section 5. The secretary-treasurer shall be responsible for keeping. a record of all of the proceedings of the board.and executive committee, for custody of all funds, for the keeping of all financial records of the organization and for such other matters as shall be delegated to him by the board. Any persons may be engaged to perform such services under his supervision and direction, when authorized by the boardo He shall post a fide]�ty bond or other insurance against loss of organization funds in an amount approved by the board, at the expense of the organization� :�fi Y. i ,VIII EXECCITIVE COMMITI'EE j�Section 2'he board sha1Z have�an executive committee consisting of three officers and two other directors, all of whom.shall be elected at the annual meetings of the board held in even numbered yeass after 1972. Vacancies of inembers on the executive committee may be f'illed by the board of directors at any regular or special meeting. S Section 2. The executive co�nittee may adopt bylaws.geverning its own procedures, which shall be subject to this agreement, the bylaws of the board, and any resolutions or other directives of the board. .Section 3. A quorum at a meeting of the executive committee is three (3). -�Section 4. The executive committee shall meet at the call of the president or upon the call of any two other members of the executive com- mi.ttee. The date and place of the meeting shall be fixed by �the person or e wr'tten persons calling it. At least forty-eight (48) hours advanc ch meetin shall be iven to alI members of the executive e of su g notic g commi.ttee b the erson or persons calling the meeting. Such notice, Y P. however, may be waived by any or all members who actually attend the meet- ing or who give written�waiver of.such notice for a specified meeting. Section 5. The executive, committee shall have the following duties: {a) It shall exercise the powers and perform the duties dele- gated to it by the board of directors, subject to such conditions and e board limitations as may be imposed by th (b) It shall cause to be prepared a proposed annual budget each year which shall be submitted to the board of directors at least thirty (30) days before the annual meeting. I (c) It shall present a full report of its activities at each reqular meeting of the board. Section 6. Subject to the provisions of the approved budget it shall have the authority to appoir.t, fix the conditions of employment of, and remove any employees of the organization. Section 7. It shall have authority to fix charges for the use of the programs and facilities of LOGIS, both as to members and nonmembers consistent with policies and guidelines established by the board. Section 8. All actions taken by th.e executive committee shall be subject to control by the board of directors as the board shall deem ad- visable. IX. FINANCIAL MATTERS Section 1. The fiscal year of LOGIS shall be the calendar year. Section 2. An annual budget shall be adopted by the board at the annual meeting in July of each year. Copies shall be mailed, promptly thereafter, to the chief administrative_officer of each member. Such budget shall be deemed approved by tYie member unless, prior to October I5 of the year involved, the member gives notice in writing to the LOGIS- secretary that.it is withdrawing from the organization. Section 3. The board shall have authority to fix cost sharing chaxges for all members in an amount sufficient to provide the funds re- quired by the budgets of the organization. It shall advise the chief administrative officer of each member, on or before.September 1 of each year, of the amounts of such charges falling within Classes 1 and 2.and the rates of such charges falling within Class 3, as such classes are defined in Section 5 of this article. Section 4 Biiliags for all charges shall be made by the board and shall be due when rendered. Any member whose charges have not been paid within 45 days after billing shall be in default and shall not be •entitled to further voting privileges nor• to have its director hold any office nor to�use any LOGIS facilities or programs until such time as no longer ira default. In the event that such charges have not been paid within 45 days after such billing, such defaulting member shall be deemed to have given, on such 45th day, notice of withdrawal from membership. In the event of a bona fide dispute between the member and the board as to the amount which is due and payable, the member shall nevertheless make such payment in order to preserve its status as a menber, but such payment may be made under protest and without prejudice to its right to dispute the amount of the charge and to pursue any legal remedies avail- able to it. Section 5o Z'he charges of LOGIS shall be divided, for cost sharing purposes, into three classes, to wit: (a) Class 1 Charges. These charges shall be made to cover the organization's general, administrative and operational expenses not�falling within Classes 2 and 3. Class 1 charges shall be made as fixed monthly, quarterly or annual membership dues. They shall be determined annually by the board of directors. T'hey shall not be retroactively applied to new members. -7- (b) Class 2 Charges. These charges shall be made to cover the costs of design and development of computer programs and systems and other capital costs. The initial members of LOGIS shall pay such portion of the Class 2 charges as shall be established by the board, provided that the board shall attempt in good faith to pro rate such Class 2 charges among the members in as equitable a manner as possible, giving considera- tion,:�among other things, to anticipated use of�the programs, systems and facilities of the organization. Any new members, i.e. any governmental units joining LOGIS after May 31, 1972, shall pay a pro rated share of the accuznulated Clas.s 2 charges which have.been charged to or incurred by all. members, as computed by the board on the same formula as for initial mem- bers as the price of inembership; and such charges, when paid by such new members, shall be apportioned among the then existing members in cash or credit on unpaid or future billings in proportion to the Class 2 charges which such existing members have thus far paid or incurred. (c) Class 3 Charges. These charges shall be to cover the costs.of system operation and maintenance in serving members (and others) on �:!'as requested" basis. The amount of such charges shall be determined by the board and such amounts shall be computed on the basis of the actual workload utilized by each member. Class 3 charges shall not be retro- actively applied to new members. ��Section 6. Nothing contained in the foregoing Section 5 shall pre- vent the baard from charging nonmembers for services rendered by LOGIS, on such basis as the board shall deem appropriate. For example, the board shall not be obligated to charge nonmembers, for services, only Class 3 charges. Section 7o It is anticipated that certain members may be in a posi- tion to extend special financial assistance to LOGIS in the form of grants. 2"he board may credit any such grants against any charges which the granting member would otherwise have to pay. The board may also enter into an agree- ment, as a condition to any such grant, that it will credit all or a portion of such grant towards charges which have been made or in the future may be made against one or more specified members. .Section 8. Board funds may be expended by the board in accordance with procedures established by law for the expenditure of funds by vil- lages. Orders, checks, drafts and other legal instruments shall be signed by the president or vice-president and countersigned by the secretary- treasurer or such other person as shall be designated by the board. Section 9. Contracts shall be let and purchases shall be made in accordance with the Tegal requirements applicable to contracts and pur- chases by Minnesota villages. L.iw` X e ADMINI STRATOR -An administrator may be appointed to perfornn such administrative duties as shall be delegated to him by the board. ,-8- XI�. ASSOCIATES Section 1. It is contemplated that certain"governmental units may S desire to follow, ctosely, the activities of LOGIS, to provide input into systems design, and to receive detailed information about system�character-. istics and performance, for the purpose of coordinating intergovernmental relationships. Such governmental units may affiliate with LOGIS as "as- sociates Section 2. A governmental unit desiring to become an associate may do so in the same manner as is applicable to becoming a member, except as otherwise provided in this article. Section 3. At the time of joining LOGIS as an associate, the governmentai unit shall indicate in writing that it is not joining as�a member but as an associateo 4. An associata may appoint a director and an alternat�" director to the board but such director (or alternate) shall be without voting power, shall not be eligible to serve as an officer and shall not be counted for qu�rum purposes. Section 5. The board may establish the charges to be paid by as- s�ciates and for that purpose it may classify associates in accordance with their varying circumstances. .�-Section 6. An associate may apply for membership status.and become a regular member Section.7. An associate may discontinue its association with LOGIS at any time by giving written notice of withdrawal to the secratary- treasurer of LOGIS. Withdrawal shall not relieve such withdrawing as- sociate from its obligation to pay any charges which the associate has i�ncurre.3 up to the time of withdrawal. XII. �nTITHDRAWAL Section 1.'Any measber may at any time give written notice of with- drawal from LOGIS. Z'he nonpayment of charges as set forth herein, and the refusal.or declination of any member to be bound by any obligation to the arganization shall also constitute notice of withdrawalo (a) Actual withdrawal shall not take effect for a period of forty-five (45) days from the date of such notificatione (b) Upon effective withdrawal the member shall continue to be.responsible (I) for all of its prorated share of any unpaid Class 2 ob- ..ligations, (2) for its share of Class 1 charges to the effective date of v�thdrawal, (3) for its share of any Class 3 charges to the effective date. of withdrawal and (4) for any contractual obligations it has separately incurred with LOGIS. Section 2 A member withdrawing from membershig at a time when such wi�hdrawal does not result in dissolution of the organization shall for- feit its claim to any assets of the organization except that it sttall have- access to any software developed for its use while it was a member, in 3 accordance with and subject to the provisions of Article XIII, Section 5, Paragxaph (b) i_� F XIII. DISSOLUTION 1. !Section l. The organization shall be dissolved whenever (.a) a suf- fici�it number of inembers withdraws from the organization to reduce the total nu.*nber of inemaers to less than six (6) or (b) by two-thirds vote of all members of the board. Section 2. In the event of dissolution the board shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permi.t and subject to the p'rova.sions of this agreement. I. Section 3. Upon dissolution the remaining assets of LOGIS, after payment of all obligations, shall be distributed among the then existing members in proportion to their contributions, as determined by the board,.. grovided that computer software prepared for such members shall be avail- able to them, snbject to such reasonable rules and regulations as the board.shall determinee Section 4. If, upon dissolution, there is an organizational deficit, such deficit shall be charged to and paid by the members and former members on a pro rata basis, based upon the Class 1, 2 and 3 charges incurred by such members and former members during the two.years preceding the event which gave rise to the dissolution. Section So In the event of dissolution the fallowing provisions shall-govern the distr?bution of computer software owned.by the organiza- tion: (a) All such software shall be an asset of the organization. (b) 1� member or former member may use (but may not authorize reuse by others) any software developed during its membership upon (1) paying any unpaid sums due LOGIS, (2) paying the costs of taking.such software, and (3) complying with reasonable rules and regulations of the board relating to the taking and use of such software. Such rules and regulations may include a reasonable time within which such software must be taken by any member or foriner member desiring to do so. XIV. DURATION This agreement shall continue in effect indefinitely, until tern�ina- �ed.in accordance with its terms. �IN WITNESS WHEREOF, the undersigned governmental unit has caused thi,s .._-Y.� -IO- p agreement to be signed and delivered on its behalf. IN THE PRESENCE OF: �'i�J�L Y!✓ C�EI✓7�2 (Name Gover ntal Unit) U r BY i �l ��S BY v :�'�/���..,-o�, zts�� Dated: ��,e�� 19 72. Filed in the office of the City Manager of the City of Brooklyn Center, Minnesota, this day of fJ�,��� 19 7Q, -11- City Council Agenda Item No. 7d i cj�t�f Office of the City Clerk BROOKLYN CLN7'L�'Il MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 16, 2007 SUBJECT: Application and Permit for a Temporary On-Sale Liquor License Submitted By St. Alphonsus Church, 7025 Halifax Avenue North, for an Event to be Held March 17, 2007 St. Alphonsus Church, 7025 Halifax Avenue North, has submitted an application and pennit for a teinporary on-sale liquor license for an event to be held on Friday, March 17, 2007. The applicant has satisfied the City's requirements and submitted the $25 license fee, along with a certificate of coverage for liquor liability insurance. It is recommended that the City Council approve the application and permit for a temporary on-sale liquor license submitted by St. Alphonsus Church. After Council review, the application and permit will be forwarded to the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division for approval. Minnesota Statutes 340A.404, Subd. 10 reads as follows: Temporary on-sale licenses. The governing body of a municipality may issue to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under section l0A.14, or (3) a state university, a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. The license may authorize the on-sale of intoxicating liquor for not more than four consecutive days, and may authorize on-sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full-year on- sale intoxicating liquor license issued by any municipality. The licenses are subject to the tenns, including a license fee, imposed by the issuing municipality. Licenses issued under this subdivision are subject to all laws and ordinances governing the sale of intoxicating liquor except sections 340A.409 and 340A.504, subdivision 3, paragraph (d), and those laws and ordinances which by their nature are not applicable. Licenses under this subdivision are not valid u�less first approved by the commissioner of public safety. a �'�a Minnesota Department of Public Safety r� ALCOHOL AND GAMBLING ENFORCEMENT DIVISION r 444 Cedar Street Suite 133, St. Paul MN 55101-5133 �"toFwr�� (651) 215-6209 Fax (651) 297-5259 TTY (651) 282-6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER �r �4��5 �h u c.� j 5�� 5 �2� STREET ADDRESS CITY STATE ZIP CODE �o 5 t� a 1. �r c, .1 1� �j �,�.J� C �..4.; s S �2 1 BUSINESS PHONE HOME PHONE NAME OF PERSON MAKING APPLICATION G L y G j�a r H IL-t�.-�, Pe G• :�c e— C7r-�,� i I o b DATES LIQUOR WILL BE SOLD �f TYPE OF ORGArTIZATIO I C� C' IS� OTHFR NONPROFIT ORGANIZATION OFFICER'S NAME ADDRESS �.t C�, �10 �5 �3 C- S `I 2- i ORGANIZATION OFFICER'S NAME ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe Will the applicant contract for intoxic�t� liquor service? If so, give the name and address of the liquor licensee providing the service. Will the applicant carry liquor liability insurance? If so, please provide the carrier's name and amount of coverage. P S i APROVAL APPLICATION MUST SE APPROVED BY CITY 0 NFORCEMENTORE SUBMITTING TO ALCOHOL GAMBLING CITY/COUNTY DATE APPROVED CITY FEE AMOUNT LICENSE DATES DATE FEE PAID SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the appiication is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS-09079 (02/05) City Council Agenda Item No. 8 There are no materials for this item. i i e. Convention $L Visitors Bureau 2007-2008 MARK�TING PLANNING BRI�F 1 E t ,r� k e�+�g�q; ax Y a s k �,w�..-. ns °i` r s t:� 1�B'� 7k a r t.. r p x 5� °�t,�• -x"» �l'...' t a. �a� Y r.. r �.�r�.,� .i ,�S ,��w x �k.r�� 4 z 9 .+fQ'., �c 4 "..��r. a�:ri �3 Y r,;e. i' r r �a�� i �9� s�: 'd ,a r 3 t a T ti E sr �A T ys ew�. r< C �s-'� .,,�-.e f as wr ��'������I as� t ��?m. L.. 9 5 a z` Y J p �p'`.S"��" r7 i A n'a.f w'�e x a �i i .t�. �C� y 1 °r .3K. r 1 n +a:.vi' r�v'L r+�y�.�� �.q r r 4 y 1 r.,: j r �.w �«*�e`�res>� ,�aw�.... y��- Introduction 3 Overview 4 Goals Objectives 5 Markets Audiences 6 Strateg i es 1 2 Tactics 16 VMN Marketing TimeLine 20 Y i; «a� s� M,� r E �'1 ,r This document is the product of a thorough examination of progress relating to the Visit Minneapolis North (VMN) investment in marketing development over the lasttwoyears. During this period, substantial equity has been built by re-positioning both the VMN organization and the destination it serves. A primary objective moving forward wil) be leveraging this marketing equity into effective and measurable approaches. This brief is also the result of an identification of needs as addressed during the 2006 VMN Staff Retreat, 2006 Board of Directors Strategic Planning Retreat, 2006 Comprehensive Lodging Survey, VMN Committee input, and Member City feedback. This planning brief is a steering document to align ongoing VMN activities with strategies for 2007, as well as to prepare for 2008 and beyond. The goal is to identify and detail objectives, strategies and tactics as they affect the broad range of marketing activities for each department and VMN as a whole One practical objective is low cost, quality touch points for our target audience that bring them to the VMN website. The brand promise will be delivered not only with a well-designed website that allows users to personalize their VMN experience, but also well- craRed advertising, collatera) and public relations tactics. This brief is a living, breathable resource that will be revisited and updated on a semi-annual basis. A good time for this re-visitation would be concurrent with a review of web activity reporting summaries. This document is not intended to provide a comprehensive marketing plan. 3 With recent growth trends in leisure travel, conventions, and sports tourism the next several years represent an opportunity for VMN to better position itself from a visibility and image standpoint. Several resources available to VMN and the Minneapolis Metro/Minnesota Statewide travel and tourism industry are indicating that the market is starting to level out from an activity standpoint thought to have reached a recent peak in 2005. In addition, the destination represented by VMN is experiencing lodging inventory growth while room rates, not occupancies are driving revenues. Competing with quality positioning and compelling messages to visit and stay in the area will be more important than in recent years. !n summary, our response for VMN positioning as we look to 2007 is to: Play to strengths and keep it simple. 2 Continue to leverage the brand image with the personalized service orientation. 3 Extend beyond the call to action with a message allowing for continued cross departmental promotion. 4 Show the diversity of the area, while also keying in on the primary destination features such as the Shoppes at Arbor Lakes, National Sports Center and VMN's largest five conference facilities. S Position the destination as the "go to" location in the Minneapolis/St. Paul area. 6 Position the VMN organization as the destinations resource. Increase overnight and day trip visitors and visitor spending to VMN Area 2 Exceed 2006 measurable sales and inquiries for travel information a. Tourism Advertising Cost Per Inquiry (CPI) at less than $5.32 Total Visitor Inquiries to exceed 44,244 Unique Web Visitors to exceed 131,000 Group leisure Room Nights to exceed 770 b. Sports Number of Leads to exceed 1 19 Number of Leads Converted to Bookings to exceed 1 1 1 Estimated Booked Room Nights to exceed 25,413 New Business Leads to exceed 25 c. Meetings and Conventions Number of Leads to exceed 170 Number of Leads Converted to Bookings to exceed 79 Estimated Booked Room Nights to exceed 6,070 3 lncr�ase awareness of VR�1N brand and geographic location(s) in a way that meets or exceeds revenue goals for VMN members and #airly represents the key constituents and venues far ai) departments. 4 Increase visits to the VMN Website overall to meet Department and overall VMN business gaals for leads at an acceptable cost per inquiry (CPIj. J� Leverage and promote Arbor Lakes, golf, and other destinational features #o increase weekend visitation and overnight business. 5 Overview Our strategy for delivering on the brand promise for Visit Minneapolis North is to build upon the founddtional call to action with personalization that fits the target segments. The strength of the brand is that it is a call to action. It's the personalization that's missing Visit Minneapolis North For the best in family fun, for the shopping, for the activities (enhanced by rich, real world images/photos). I r #�4 t�� C� I I I 6 Tourism Industry Analysis The Travel Industry Association of America (TIA) travel studies suggest leisure domestic travel volumes in all forms to have grown 4 percent in 2005 and an additional 2 percent in 2006..A continued favorable economic condition is expected to fuel increases in 2007 beyond those experienced in 2006. Statewide Travel and tourism remains one of the largest industries in Minnesota in terms of revenue, following health care and agriculture. According to Explore Minnesota Tourism, tourism generated $10 billion in revenues, and supported over 230,000 jobs in 2006. Regional 0utlook The area served by VMN continues to grow richly in diverse destinational product offerings for all forms of travel. The Shoppes at Arbor Lakes and surrounding attractions, National Sports Center, golf venues and area restaurants are recognized as key destinational features which are expected to grow and sustain as major generators of lodging stays throughout the region. Geographic Targets: Braine�d Lakes, Hwy 10 and 371- north tier cities Duluth, Interstate 35 and Hwy 61 north tier cities Fargo/Moorhead, Interstate 94 West and hwy 10 west tier cities Eau Claire, Interstate 94 East Drive market within 500 miles Target Audience: Primary Middle income adults and families within these geographic areas. Traveling families for area sponsored sporting events (overlaps with Sports target) Women Couples Secandary Group travel planners primarily within the geographic area described above f 5 �'Y i 'Yt xE k.._ t i y^�.m:f, Y -1 iz I k a 5 ��^5 3 `x'� 5c ��'�.�,,x,� k�� +.�';i��4� Y� '"e�� 5 4 s:. C i" ��s5 ..s Y� �"fr �y I I 3 -t i yt S df 3 �+..e_? ��`�w.� �`t S :���„�.z� 4 x �t��c�r �4�� a r r ..x x ���=�'��'�'��3 a. �a€� ,k�� +��`c��� n —z t t A t ,S i+ i i Sports Situational Brief The VMN partnership with the National Sports Center, local sports facilities and partnerships with accredited sports organizations create the seamless foundation model. The valued partnerships and sports tourism impact of the VMN area is desirable to many destinations in the country who host amateur events. Hosting small, unique events and large, recognizable events contribute to a significant source of repeat sports tourism to the region. High profile events bid on by VMN continue to attract attention to our area as a world class sports destination. Despite industry and area challenges, the VMN sports department surpasses most by continuing to enhance annual events, working to develop new events, and taking advantage of opportune events that are a good fit to the VMN area. Sports tourism continues to be the most highly affected segment resulting from VMN sales and communication efforts and is directly responsible for generating in excess of 25,000 local room night stays per year. Geographic Targets Regional Wisconsin, Illinois, North Dakota, South Dakota, lowa National Event headquarters/national governing bodies of sport Local Metro Sports organizations marketing local sports facilities Target Audience Sports Professionals Ex. Events Right Holders, National Governing Bodies of Sport, Tournament Directors Traveling teams, coaches and families Seasonality Target Event Times: Shoulder Season- September thru March 2007 Holidays 4th of July and Labor Day 9 Meeting and Conventions Situation The VMN area is building a consistent reputation for having a diverse and competitive inventory of ineeting and event venues. For each of the last two years, VMN has executed a program to promote its five largest conference facilities jointly in an effort to increase awareness of the VMN area as a conference destination. VMN as an organization continues to position itself as a generator of ualit meetin s leads for its stakeholder venues. A diverse roduct inventor q Y 9 P Y I ran in from munici al communi centers g g p ty to full service conference hotels, and increased sales collaboration have allowed VMN to convert 35 percent of our tentative business to definite business in 2005. VMN has also reacted to favorable market conditions by expanding the Meetings Department to three Full-time staff during 2006. This allows VMN to pursue several alternative market segments and sales opportunities. With an emphasis on quality vs. quantity, VMN was not only able to increase leads in 2006 over 2005, but also its percentage of converted business from 35 percent to 41 percent and increase estimated room night consumption from 4,602 in 2005 to 6,062 in 2006. Target Audience Meeting Event professionals Target Markets: The Meetings Conventions department focuses on meeting professionals in the areas of: Corporate Government Medical Association Religious Education I z -i ;y�_-_. v ,r j ,r l r....,,`.... r''� ��`4 _.._..a.�.,. ..,..r..:-_ i,.. ;�w r��� r� Ex a 'v r on the p nd the VMN brand and the prom�se to del� e integrated call to actian. Brand: The challenge is how to continue to expand the VMN brand. It is the "stop at nothing" and "whatever it takes" attitude that creates the inherent point of difference for VMN and, in doing so, sets VMN apart from all other competing convention and visitor bureaus. This ability to make good on making it easy to work with attracts new customers and keeps current customers sold on the derived benefits and value received directly through VMN. The brand must also include the iodging and non lodging community that makes up the composition of VMN. This way we can depict the scope of possibilities available through VMN for Sports, for Meeting and Conventions and for Tourism destination marketing. Brand Promise Call to action Our brand promise is just that. It is our promise made to our customers to meet their needs better than anyone else. To that end, we need to demonstrate the personalization of the variety of VMN attractions by building a resource list of ima es and venues that enuinel reflect the VMN ex erience. This content 9 9 Y P will be updated on a frequent basis and by VMN. The goal should be to allow the tools for this type of content to be simply managed by the I VMN team. What really is the Visit Minneapolis North brand promise? VMN is committed to providing pleasurable destination and facility planning services experience to help you find the right venue for your next sporting event, meeting, convention or personne) family getaway with a variefy of venues and destinations. The VMN promise begins with our dedicated staff and planning specialists, who listen first, then make suggestions based on your group or individual needs. Of course, if you prefer, you're welcome to explore VMN on your own on our newly updated website. There's no pressure. No hard sell. The VMN destination experience is designed to be easy to plan, and successful, hassle-free and fun which is why we have more and more groups, events and weekend getaways returning year aRer year. 2 8ridge the brand invitation to experiences. In the proposed "Experiences" web model, visitors will select a lifestyle to review associated content. Selecting a lifestyle would reveal a set of "Experience" tiles that can be selected for information on specific activities or destinations. lifestyle's (currently includes, but not limited to� Family Adventures Romantic Escape Sports Activities Girls Getaway Guys Getaway Weekend packages Sports Sports Facility Guide Sports North activities and funding that attract sport events to the state. Team-friendly facilities and (odging catering to out state and out-of-state traveling teams Leverage Events Rights Holder relationships Establish and develop events outside of Blaine Area sports marketing in collaboration with Explore Minnesota Tourism Strengthen member city involvement with VMN events 13 Meetings and fonventions Resonate with key markets one-on-one use company names and markets in romotional material P Easy to use planning and services at "no cost" to customer Referrals rewards Overview of venues Develop key account selling venues Republican Convention, etc. 3 Better cammunicate which communities are part of VMN both within the cammunities and in our marketing messages. $y activity: business, sports and leisure traveler By venue and facilities, including Arbor Lakes 4 Better i�verage/collaborate with Explors Minnesot� and S�orts North marketing activities Leverage resource dollars for reach and frequency Reinforce a central message and highlight the apportionment in which VMN offers unique and Sports, Meetings and Tourism destinations Explore further joint marketing programs J Su�cess#v�i�r rv�anc�g� e#far�s to position the c�rea as a ra�s�ting destins�ti�n. Clear message Ease of access Single response mechanism, i.e. landing page, phone number, email in order not to confuse the prospects of who to "contact." 6 Continue to grow permission-based prospect lists and cnore efficiently utilize this resource for emnil, direct mail and phone promotions. Better web-based decision making tools Enter by interest o Sports o Meeting and Events o Getaway 7 �nhance awareness of VMN as a"#riend" where yau can go to experience �asy and accessible help to make YMN th at brings out the best in your next Sporting event, Meeting or Getaway. Best of the best facilities, convention center, hotels, restaurants and shopping No hassle fun without the congestion Skilled and talented team that serves as your FREE personal planning service Technology that makes it easy to plan, pick, reserve, and receive a complete itinerary of Sports, Meeting or Vacation/Getaway plans Easy and seamless tools a: 4i y y k�* 3 ;�'ps" �y,.t Y �1 4 S `A n' f „i Y5 %rt ,^a1 fi� 15 Web: The website represents a critical communication point. The requirements for the next phase of the VMN website include a calendar of events, interactive maps and cross-building of image between markets. The new VMN website can be used to expand on the brand and build segmentation. By Activity: o Sports o Meetings and Conventions o Getaways (Tourism) B Lod in and facilities Y J 5 By area recreations By area attractions, shopping and dining experiences Other tools that can greatly enhance the VMN brand experience include: Testimonials Knowledge base FAQ Personal intranet planner let's you create your own destination itinerary Improved lifestyle, event imagery Internet Destination Sales System (IDSS) for VMN and Members Newsletter tools and list management for VMN Slide show animation Blog strategies Customer Management Software (CMS) VMN total administration. Permission based Email E-mail Newsletter: Newsletters are by far the most powerful way to communicate with a group any group on a regular basis. Converting the VMN newsletter to electronic format and creating electronic newsletters for unique stakeholder groups, both of which focus on content and usage will be of benefit. I Direct MaiL• AMA studies demonstrate a dramatic increase of consumer awareness when direct mail is combined with other targeted marketing activities. Continued Use of effective direct mail to compliment ad campaigns and email communications is our goal. This may also be supported by segmentation of the VMN permission based list and augmented by list acquisition including the current house lists. Media/Advertising: Plan media in a way to create an integrated approach to maximize dollars and effectively reach VMN's distinct and diverse audiences. This integrated media buy will be developed to impact all departments and take advantage of new ways of outreach for new customers, using online and, possibly, well-targeted radio and newspaper to reach into identified geographic targets. Ads will be singular in purpose, supporting individual department strategies and to not confuse the message by being all things to all people. The exploration of a strategy to leverage national media targeting the VMN audience is a consideration. Possibilities include creating a program with the state to share media with other CVB's. Public Relations: Public relations will continue to play a strong role for VMN. VMN has been very image focused with activities over it's history. A Public Relations plan should be developed to allow for more focus. Leveraged PR opportunities are also a goal for the future: how can we get more national coverage for sports might be just one question of many. We can also develop grass roots public relations activities in key areas: Increase city festival involvement VMN- night with the Twins Strengthen media and press VMN events and promotions creating relationships awareness and networking opportunities New hires and new events Volunteer program New area attractions o Just Ask Desk o Registration o Welcome Receptions i 17 Search Marketing: VMN will continue search marketing Following the next phase of website development in 2007. The goal is to include expanded activity in paid search marketing and link marketing only. Search marketing reporting will be available in real time via online reporting and will also be summarized in ongoing marketing updates. The search marketing objective is to demonstrate a reasonable cost per visitor model to the website. When the site is re-launched all web copy will be optimized for organic search marketing and re-submitted to the search engines/directories. Blogging: Blogging is a consideration for Visit Minneapolis North ongoing activity: The website might, at some point in the future, invite users to post content. Blogging opportunities for VMN will continue to be reviewed and strategies developed. Literature: Tourism "getaway" piece that provides offer and incentive to travel to VMN country Insert that increases shoulder season getaway packages and other activities Trade Shows: VMN marketing needs more flexible tradeshow booth assets, a better presentation solution, and PR inclusions. The updated VMN website will better communicate exciting events that have historically or recently been a part of VMN. An improved PowerPoint presentation template that compliments a proposal solution is a goal. This would start with Sports Marketing templates. This would be consistently tied into the VMN brand image, but stand on it's own in marketing sports and meetings and convention offerings. This should include the niches especially where sports and meetings and conventions are a natural extension of the brand "experience." Site marketing will also play a role in supporting sports marketing and driving niche traffic. Reporting Metrics: Bi-annual executive summaries with updates on search marketing, web traffic, ad metrics and suggestions for planning activities. Web statistics, phone inquiries, web inquiries, room usage levels, email impressions, direct mail impressions, State of Minnesota Activity: Explore Minnesota grant sponsorships have allowed for benefits to the Tourism advertising. More state collaboration should be planned. Another example of may inciude a media strategy allowing for activity in some national sources that can target our audience. Photo Library B-Roll Video footage There is a strong need for an ongoing photo resources (ibrary. Stock photography alone is not good enough. Semi-pro shooting should be included in the schedule at lease twice per year. Another goal would be the addition of an online photo management system allowing VMN and friends of VMN to access and use images. Video footage might also be a consideration as video additions for the website has been discussed. 19 Ads, Inserts and Trade Shows January March Sp�rts Sports Sports Facility Guide MSHSL Athletic Director's Conference Minnesota Hockey Presentation Sports Events Magazine Ad (SFG, Super Rink) State Wars Hockey Site Visit NSC Tournament Programs Let's Play Hockey Show To�rism Schwan Super Rink Grand Opening Minnesota Getaways Fun Fair in Duluth Day of Hockey ELITE Magazine Explore Minnesota Tourism Conference Newspaper Inserts in Eau Claire Soccer Times Ad MN Meetings Soccer Times Ad Minnesota Meetings Events Taurism MPI Knowledge Quest OVG Minneapolis St. Paul Guide EMT Golf Guide A p r I �1eet�ngs Sports MPI Professiona) Education Conference ISI Synchronized Skating Championship Ice and Hockey Guide F e b r u a r y Local Soccer Programs �I�a��� National Assoc. Sports Commission Symposium National Girls and Women Sport Day T���a USSSA Softball Ad for Scorebook and Sales Blitz (Eau Claire)-April 9-15 Tournament Handbook Kids Expo in Eau Claire Presidents Day Festival Volleyball Tournament After Glow Sponsorship Little Mermaid in Fargo Go her S orts Barnloft Suite Ni ht P P �1e�fiin s 9 T°��'��� HSMAI Affordable Meetings Mid-America Newspaper Inserts in Fargo Newspaper Inserts in Duluth May Sales Blitz (Fargo)-February 26-March 4 �p��t3 Girl's Night Out at the Fargo Theatre Sports Dept Golf Outing Sales Blitz (Duluth)-March 12-18 MN Hockey Scorebook and Tournament Handbook IV�s�tdn�� Tourism MN Hospitality Journal Spring Issue OVG Minneapolis St. Paul Guide Me�tings Minnesota Meetings Events Annual Resource Directory SGMP Annual Education Conference MSAE Annual Meeting and Expo June September Meetings Sports SMERF Upper Midwest VMN Conference Helms Briscoe Annual Business Conference Haydays AARP Senior Hockey Olympic J U Hockey Tournament Sports LPH Schwan's USA Cup Let's Play Hockey Tourism Start Sports Facility Guide Sales Blitz (Brainerd) Sports Event Magazine Ad Kidz Expo in Brainerd Tourism Meetings Minnesota Getaways Boston Scientific Fair Meetings Medtronic Vendor �OCUS Fair O c to b e r Sports A U g U S t MYAS Sponsorship Renewal Sparts LPH Senior PGA TEAMS Conference Game Fair USSSA Nat'I Convention UPA Ultimate Players Youth Championships Tourism LPH Women's Expo in Brainerd W+sconsin sales Manager Women's Showcase in Fargo Taurism Meetings Newspaper Inserts in Brainerd MSAE Fall leadership Summit 1Vleetin�s CMCA Minnesota Meetings Events ASAE Decem ber Sports Schwan's Cup Sports Travel Ad Meefiings Meetings Conventions 21 Visit Minneapo/is North 2007 Cash Flow Summary 2006 Budgeted 2006 Projected 2007 Proposed Beginning Fund Balance $431,778.00 $421,569.00 $402,355.00 -6.8% Acct Code Revenue Lodging Tax Received 4120 Lodging Tax from Arden Hills $92,300.00 $92,300.00 $95,069.00 3.0% 4101 Lodging Tax from Anoka $17,576.00 $48,857.00 $19,422.71 10.5% 4102 Lodging Tax from Blaine $61,466.00 $23,000.00 $63,309.00 3.0% 4103 Lodging Tax from Brooklyn Center $329,478.00 $352,401.00 $362,973.03 102% 4104 Lodging Tax from Brooklyn Park $235,488.00 $293,364.00 $302,164.92 28_3% 4105 Lodging Tax from Coon Rapids $217,560.00 $198,116.00 $2U4,059.48 -6.2% 4106 Lodging Tax from Fridley $24,225.00 $24,489.00 $25,223.67 4.1 4107 Lodging Tax from Ham Lake $20,080.00 $21,892.00 $22,548.76 12.3% 4108 Lodging Tax from Maple Grove $303,583.00 $306,764.00 $385,000.00 26.8% 4109 Lodging Tax from Mounds View $53,268.00 $55,254.00 $56,911.62 6.8% 4110 Lodging Tax from Shoreview $158,503.00 $165,803.00 $170,777.09 7.7% 4130 Lodging Tax from Others $0.00 $OAO $0.00 Na $1,513,527.00 �1,552,240.00 $1,707,459.28 12.8% Other Public Funds Received 4201 Explore Minnesota Tourism Grant $5,000.00 $2,200.00 $10,000.00 100.0% �5,000.00 $2,200.00 $10,000.00 100.0% Participation Fees 4301 Participation Fees $2,000.00 $1,500A0 $0.00 -100.0% �2,000.00 �1,500.00 $0.00 -100.0% Other Revenue 490'( Interest Income $500A0 $6,000.00 $5,000.00 900.0% 4902 Advertising Revenue $40,000.00 $20,000.00 $25,000.00 -37.5% 4903 Other Income $0.00 $6,600.00 $0.00 n/a �40,500.00 $32,600.00 $30,000.00 -25.9% Total Revenue $1,561,027.00 $1,588,540.00 $1,747,459.28 11.9% Expenses 5000 Operations and Administration ;667,060 $698,400.00 $748,450A0 12.2% 6000 General Marketing $359,699.00 $354,689.00 $187,100.00 -48.0% 7000 Meetings and Conventions $187,400.00 $172,015.00 $254,200.00 35.6% 80p0 Sports $213,600.00 $203,462.00 $262,070.00 22.7% 9000 Tourisrn and Communications $190,400.00 $179,188.00 $306,550.00 61.0% Total sales and marketing �951,099.00 $909,354A0 $1,009,920.00 6.2% Total Expenses $1,618,159.0� �1,607,754.00 $1,758,370.00 8.7% EOY Fund Balance �3�4 ,646.00 $402,355.00 $391,444.28 4.5% Visit Minneapolis North 2007 Cash Flow Summary 2006 Budgeted 2006 Projected 2007 Proposed Beginning Fund Balance $431,778.00 $421,569.00 $402,355.00 -6.8% Acct Code Revenue Lodging Ta�c Received 4120 Lodging Tax from Arden Hills $92,300.00 $92,300.00 $95,069.00 3.0% 4101 Lodging Tax from Anoka $17,576.00 $18,857.00 $19,422.71 10_5% 4102 Lodging Tax from 8laine $61,466.00 $23,000.00 $63,309.00 3.0% 4103 Lodging Tax from Brooklyn Center $329,478.00 $352,401.00 $362,973.03 1Q.2% 4104 Lodging Tax from Brooklyn Park $235,488.00 $293,364.00 $302,164.92 28.3% 4105 Lodging Tax from Coon Rapids $217,560.00 $198,116.00 $20�4,059.48 -6.2% 41 p6 Lodging Tax from Fridley $24,225_00 $24,489.00 $25,223.67 4.1 41Q7 Lodging T� from Ham Lake $20,080.00 $21,892.00 $22,548.76 12.3% 4108 Lodging Tax ftam Maple Grove $303,583.00 $306,764.OQ $383,000.00 26.8% 4109 Lodging Tax from Mounds View $53,268.00 $55,254.Q0 $56,911.62 6.8% 4410 Lodging Tax from Shoreview $158,503.00 $165,803.00 $170,777.09 7.7% 4130 Lodging Tax from Others $0.00 $O.dO $0.00 Na $1,513,527.00 $1 $1,707,459.28 12.8% Other Public Funds Received 4201 Explore Minnesota Tourism Grant $5,000.00 $2,200.00 $10,000.00 100.0% $5,000.00 $2,200.00 $10,000.00 100_0% Participation Fees 4301 Participatian Fees $2,000.00 $1,500.00 $0.00 -100.0% $2,000.00 �1,500.00 $0.00 -100.0% Other Revenue 4901 Inte�est Income $500A0 $6,000.00 $5,OOOAO 900.0% 4902 Advertising Revenue $40,000.00 $20,000.00 $25,000.00 -3�.5% 4903 Other Income $0.00 $6,600.00 $0.00 n!a $40,500.00 $32,600.00 �30,000.00 -25.9% Total Revenue �1,561,027.00 �1,588,540.00 $1,747,459.28 11.9% Expenses I 5000 Operations and Administration a667,060 �69$,400.00 $748,450.00 12.2% 6000 General Marketing $359,699.00 $354,689.00 $187,100.00 -48.0% 7000 Meetings and Conventions $187,400.00 $172,015.00 $254,200.00 35.6% 8000 Spo�tS $213,600.00 $203,462.00 $262,070.00 22.7% 9000 Tourism and Communications $190,400.00 $179,188.00 $306,550.00 61.0% Total sales and marketing �954,099.00 $909,354.00 $1,009,920.00 6.2% Total Expenses $1,618,159.00 $1,607,754.00 $1,758,3T0.00 8.7% EOY Fund Balance �3�4 ,646.00 �402,355.00 $391,444�.28 4.5°/a City Council Agenda Item No. 9 No Public Hearings are Scheduled for this City Council Meeting City Council Agenda Item No. l0a MEMO To: Curt Boganey, City 1Vlanager From: Ronald A. Warren, Planning and Zoning Specialist Subject: City Council Consideration Item Planning Commission Application No. 2007-001 Date: January 12, 2007 On the January 22, 2007 City Council Agenda is Planning Commission Application No. 2007- 001 submitted by Diana Peppe requesting Special Use Permit approval to operate a recording studio at 3518 Woodbine Lane Attached for your review are copies of the Planning Commission Information Sheet for Planning Commission Application No. 2007-001 and also an area map showing the location of the property under consideration, the Planning Commission minutes relating to the Commission's consideration of this matter and other supporting documents. 1 2007 meetin and This matter was considered by the Plannmg Commission at their January 1, g 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. d on 12-28-06 File Application City Council Action Should Be Taken By 2-26-07 (60 Days) Planning Commission Information Sheet Application No. 2007-001 Applicant: Diana Peppe Location: 3518 Woodbine Lane Request: Special Use Permit (Home Occupation) The applicant, Diana Peppe, is requesting special use permit approval to operate a recording studio in the basement of her home at 3518 Woodbine Lane as a home occupation. The home occupation would involve customer traffic to the home and also the involvement of a non- resident employee in the home occupation. These two factors require the granting of a special use permit by the City Council following review, public hearing and recommendation by the Planning Commission. The property in question is zoned R-1 (One Family Residence) and is located on the north side of Woodbine Lane, westerly of Palmer Lake Drive. Single family homes are located on the east and west sides of the applicant's home and on the south side of Woodbine Lane. To the north of the property is city owned open space land that is also zoned R-1. Further to the north is the 1 Park. er and Brook municipal boundary between Brooklyn Cent yn i ludin the nature of 0 osal inc her r ubmission outlinin p g The a licant has rovided a written s S P PP P ures ntrol mea sures safet meas the location of the recordin studio, noise co Y the activity, g o eration and a non-resident employee. Her plan, as stated, is to available parking, hours of p f her home in a artnershi develo and o erate a small home recording studio in the basement o p P P P 'ses. with Jessicalee G orski who does not reside at the premi They propose to utilize two areas within the basement of the home as a control room and ic bein recorded isolation booth. The control room is used to mix, master and listen to the mus g while the isolation booth is where the recording artist and/or instruments record. The studio will be finished with the necessary equipment to develop and record music and with the equipment needed to keep out external sounds and keep in internal sounds. People utilizing the studio will I do so on an appointment basis. It is recommended that all appointments are only at a time when etel ner/em lo ee are resent. The isolation booth will be compl y the applicant and/or her part p y p lined with sound barriers designed to stop the transmission of sound. Polyurethane acoustical foam will be installed over the sound barriers. Acoustical foam panels are used as a sound absorberto reduce reverberation and echoes. The control room will be equipped with soft sound I acoustical panels designed to absorb and flutter echoes. The a�plicant has provided product inform ation re ardin material to be utilized. The Building Official will be asked to comment g g rmit will be re uired regarding the appropriateness of the matenal and rts safety. A building pe q for the remodeling proposed and a Certificate of Occnpancy wiil also be required. 1-11-07 Page 1 The applicant notes that they believe their neighbors will not be disturbed by the equipment being used because of the soundproofing and the location in the lower level where the isolation booth and control rooms are located. The location is along the south side of the basement where there are no windows. The applicant points out that the material used is fire retardant and the foam is designed to "self exhaust" and will not burst into flames. She notes smoke detectors, fire extinguishers, a heat detector, horn/strobe and a manual fire alarm are in place for safety purposes. An inspection of the premises by the Building Official is recommended regarding fire safety and exiting. His recommendations should be a condition of any approval of the special use permit. The applicant cites the availability of four off street parking spaces in addition to the single car garage on her property. All parking associated with the home occupation must be on site on improved space provided by the applicant. There should be no on street parking associated with the home occupation. This factor will have some limiting effect on the number of persons coming to the home to use the recording studio. Also limiting use of the studio to an appointment only basis should keep the amount of traffic associated with the home occupation down. The proposed hours of operation are between 9 a.m. and 8 p.m., Monday through Saturday. The studio will be closed on Sundays. The applicant finally notes that she has a non-resident partner working along with her in the business. The City Ordinance acknowledges that up to one non-resident employee can be involved in the home occupation as part of a special use permit. No other non-resident employees are allowed to be associated with this home occupation. The Planning Commission's attention is directed to Section 35-900 of the Zoning Ordinance (copy attached) regarding the definitions for Home Occupation and Home Occupation, Special d 406 re ardin a dditional re uirements for Home Occupations and and to Section 35-405 an g g q Home Occupation, Special (also attached). Special Home Occupations are defined as any gainful occupation or profession carried on within a dwelling unit or any permitted accessory building or installation on a lot by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is conducted. Among other things, special home occupations may involve the use of equipment not customarily found in a residential dwelling, may employ no more than one non-resident employee, may involve customer traffic and should not create traffic congestion on the lot or the streets adj acent thereto. Furthermore, the parking of vehicles related to the home occupation should not be on the street adjacent to the home, nor should the home occupation produce light, glare, noise, odor or vibrations perceptible beyond the boundaries of the lot and the home occupation may not include the retail sale of inerchandise produced off of the lot. The main concerns with this special home occupation are the potential for noise and vibrations perceptible beyond the boundaries of the lot which may be a concern to surrounding property 1-11-07 Page 2 owners and the potential concerns related to traffic associated with the home occupation within the neighborhood. The Commission should review the various aspects of this business in light of the Standards for Special Use Permit contained in Section 35-220, Subdivision 2(copy attached) and make appropriate recommendations if necessary. The Standards for Special Use Permits require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health, safety and welfare of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding properties; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district of which it is located. These standards should be considered as they have been with other special use permits that have been granted for home occupations in the past. Non-resident employees have been approved and home occupations involving customer traffic have been as well, provided parking associated with the home occupation is confined to the applicant's lot on improved space provided by the applicant. Again, it is recommended that the Building Official inspect and review the property and the applicant's plans and make various safety and code related recommendations. A building permit and Certificate of Occupancy will be required. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to neighboring property owners. We have received a couple of calls inquiring about the proposed home occupation. Comments have been directed to the staff regarding concerns for traffic in the axea and it is anticipated that neighboring property owners will be in attendance at Thursday evening's meeting to express their concerns. If the proposed home occupation can be considered acceptable, based on Zoning Ordinance considerations, the Commission should recommend approval of the application subject to the following conditions: 1. The special use permit is granted for a recording studio use in the lower level of the home at 3518 Woodbine Lane North. Said home occupation will involve customer traffic to the home and the involvement of a non-resident employee in the conduct of the horne occupation. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 2. The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. 1-11-07 Page 3 3. All arkin associated with this home occupation shall be off street on improved P g space provided by the applicant. There shali be no on street parking associated with this home occupation and all vehicle parking on the property sha11 be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between 9 a.m. and 8 p.m., Monday through Saturday. The studio will be closed on Sunday. Customers may utilize the recording studio on an appointment only basis and only at a time when the applicant and/or her partner/employee are present. 5. The applicant shall comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. A building permit and Certificate of 4ccupancy shall be obtained also from the Building Official. 6. The applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official. 1-11-07 Page 4 City of Brooklyn Center Special Use Permits Section 35-220 2. Standards for Suecial Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are me� a. The estahlishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. b. The special use will not be injurious to the use and enjoyment of other property in the immediate viciaity for the purposes already pennitted, nor substantially d'uninish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding properiy for uses permitted in the distri�t. d. Adequate measures have been or will be taken to provide ingress, egress ,'�nd pazking so designed as to minimize �c congestion ia the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in wluch it is located. 3. Conditions and Restrictions The Planning Commissioa may recommend and the City Council may impose such conditions and res�ictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements speeified in this ordinance. In all cases in which special use permit� are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shaU be resubmitted for a period of twelve (12) months from the date of the fmal determiiiation by the City Covncil; except �at the applicant may set forth in writing newly discovered evidence of change of condition upon. which he relies to gain the conseat of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Soecial Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall expire without fiuther a�ction by the Planning Commission or the City Coimcil unless the applicant or his assignee or successar commences work upon the subject property within one year of the date the special nse permit is granted, or unless before the expiration of tha one yeaz period the applicant shall apply for an extension thereof by filling out and submitting to the Seaetary of the Planning Commission a"Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a pr�or ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if constivction upon the subject properij► pursuant to such special use permit has not commeuced within that tima. In any instance where aa existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year folloaring the date of abandonmenk LOGISMap Output Page Page 1 of 1 l Y'� Pyv.` �n a M�'"'` a �aa., i 4' i.: i�t, f�r tl s� e n ..�z�� l� 4" t n d e �;+fi�l �III y Yx; i U+acumi��nNW�S-Ctp�:irfKiCY=D httn://�is.loeis.or�/servlet/com.esri.esrimap.Esrimap?ServiceName=bc LOGISMap_OV&C... 1/4/2007 a j �///�j� ��il"%���1�� ��:�/�i��,II�� ��j����� •�!��i���il r 11 e�: �II�II/r�1�i ��1� �!►iF�'' i f i L7l� �a� i� �E�...�� 11 11 /�►�►�/�a/���' n �����r����� -r a,� •r� �E3 ii i W ��I�� �W� a�j� r C �,��1�� z, r�/� �s�, ,�►i �Ea ��1�,�,, �f:] �//ru�� I���� �j���, �j� I�j� I� j �i �i �:i ��a �r� �C� ��RI „�1��'. t�� �s�� �f �l��i 1 i Ea J �����r�!�i����i� U �I I/���� I�� 111���►���I�� �/1 111��at����o/��� �I /1 t�' ��I i�� ���������r�������. �c*�r .JE� 3 S"�° O Floor/area ratio The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. Garaee, nrivate An accessory building or arr accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Garase school bus A building, or portion of a building, used for the storage of school buses (defined in M.S.A. Section 169.01, Subdivision 6), or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehictes. Green Strio An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, and maintained expressly for such purpose. Groun Dav Care Facilitv A facility ]icensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. Home Occunation Subject to the further limitations of Section 35-405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individua] hobby crafts, and day care and similar activities. Home Occuoation. Suecial Subject to the further limitations of Section 35-406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Hospital An institution licensed by the state Department of Health primarily engaged in providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Hote] A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. Ciry of Brooklyn Center 35-88 December 3, 2005 a. In any yards: Off-street open parking spaces; terraces; awnings; canopies; steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air conditioner condensers; temporary seasonal swimming pools; opaque fences, hedges, or walls provided they shall not exceed four feet in height in front yards and provided they do not impede vision within the sight triangle described in Section 35-560, or a clear view of the address of the principal building. Fences, hedges, or walls may exceed four feet in height alongside interior property lines. No fence, hedge or wall shall be allowed which constitutes an unsafe sight obstruction for pedestrians or mator vehicle operators. b. In rear yards: Recreational and laundry drying equipment; arbors and trellises; balconies limited to 15% of the yard area; breezeways, open porches; detached outdoor living rooms (patios). 9. Interior residential lots shall have a minimum rear yard area of 30% of the total lot area, exclusive of permitted accessory structures. 10. Setbacks along major thoroughfares as designated in Section 35-900 shall in all cases be at least 50 feet, measured from the street right-of-way line, except for commercial buildings located in commercial zoning districts (C 1 and C2) or accessory structures or where the property abuts a marginal access street or where the property abuts a noise wall or noise berm constructed by Mn/DOT, or where the City Council finds that excess right-of-way mitigates the effects of traffic noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. 11. Service/office (C1, C1A) uses abutting major thoroughfares shall have minimum lot area of one acre. 12. In instances where an existing one or two family structure in a residential zoning district is deficient in its setback from the front, side, or rear property line by not more than 30°/a of the setback requirement, the structure may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming structure resulting in a setback less than established by this ordinance. Section 35-405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce tight, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 2. No home occupation shall involve the use of any accessory structures or installations. Ciry of Brooklyn Center 35-57 December 3, 2005 3. No home occupation shall involve the use of equipment other than that customarily found in a residential dwelling unit. 4. No home occupation shall involve the retail sale of inerchandise produced off the lot. 5. No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. 6. No home occupation providing day care shall serve more than twelve (12) children in the Rl district, five (5) children in the R2 and R3 districts, or five (5) children, including children of the family occupying a dwelling unit in other residential districts (R4 through R7). This subsection is not intended to supersede any lease a rran ements which ma be more restrictive. g y 7. No home occupation shall cause traffic congestion on the lot containing the home occupation or on the streets adjacent thereto. i obile arkin related to the home occupation shall be permitted on the 8. No auto n p g street. Section 35-406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35-310 and Section 35-311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. 4. No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students in the dwellin unit. at one time who are not members of the family occupy g S e occu ation shall cause traffic congestion on the lot containing the 6. No special hom p special home occupation or on the streets adjacent thereto. City of Brooklyn Center 35-58 December 3, 2005 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35-220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. c. Preservation of the residential character of the neighborhood. 8, No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of inerchandise produced off the lot. Section 35-410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 1. All storage shall be contained wholly within an enclosed building. 2. The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a proposed R3, R4, R5, R6, or R7 development abuts an R1 or R2 district other than at a public street line, buffer provisions shall be established. There shall be provided a protectiv� strip not less than 25 feet wide in the case of R6 and R7 uses and not less than 15 feet wide in the case of R3, R4 and RS uses. The protective strip shall contain an opaque fence or a Council approved substitute. The protective strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the multiple dwelling area. A proposed fence shall be no less than four feet in height and shall not extend within 10 feet of any street right-of-way. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35-230. No parking shall be permitted within 15 feet of the street right-of-way, and the 15 foot area shall be maintained as a green strip. City of Brooklyn Center 35-59 December 3, 2005 Special Home �ccu ation Pro osal p p Present By: Jessicalee Gorski Diana Peppe Table of Conte nts: Nature of the Activity ......................Page 1 Site Plan Location .........................Page 2 Lower unit diagram .................................Page 3 Noise Control Measures ....................Page 4— 5 Product Specifications and Pictures............Page 6-7 Neighboring Residence ............................Page 8 East Side Neighboring Residence ...............Page 9 West Side Neighboring Residence ..............Page 10-11 Safety Measures ..............................Page 12 Foam Flammability FAQs .........................Page 13 Fire System Diagram .............••••••••••••••••••Page 14 Available Parking ............................Page 15 Paxking Diagram ....................................Page 16 H ours of Operation ....................:.....Page 17 Non-Residential Employees ...............Page 18 of the Activi Nature �y The nature of the activity that is being proposed would be the development and operation of a small home recording studio. The business would be owned and operated by Diana Peppe and Jessicalee Gorski, as a partnership. The recording studio would be located in the lower unit of 3518 Woodbine Lane in Brooklyn Center. The single family, rambler home is 2 levels with the lower level below grade in the front and at grade in the rear. We propose to utilize 2 areas within the lower unit as a control room and isolation (sound) booth. A control room is used t o mix master and listen to the music being recorded. The isolation booth I stud io will be instruments record. The re cordin is where the artists and/or g furnished with the necessary equipment needed to develop and record music. It x ernal sounds and will also be furnished with essential equipment to keep out e t ds. Artists roducers and en ineers will make he internal soun S ee in t k p P our e ui ment and s ace. a ointments to utilize q p p PP 1 a.,. i�l i� L�»-� 4 �P 4 li t� u �i!�,����'' S i a 7 ��,ri. 0 .-eZ I/�'� �C �qi �r v -e y r ._�6K'A�>. ,•!�'.�'i 3b$ 'S�'?.'. .r'e.•. '�'�`i;t,�j �1.;. y� l, ..1,' y f''. I .a�,:. �..�Y..� 'Y f y:, I -�r�ON��r u��,��r� ILw�� V�� a��- i '�`�+-�f1nN� P�ouT i lnr ��-r ��ir� r. CbNTY Fl�12�1•� I i I Is��nL i f31� -rv�-r I R�P-� �,1A�� c�Jr- r Noise Control Measures Noise control is one of the most important concerns when developing the recording studio, not only for the residence whom surround the property but also for the artists that will be utilizing our services. We have researched multiple options to prevent noise pollution and believe that the products decided upon are the best solution. The isolation booth (sound booth), which is located on the south east side, lower level of the residence, is a standard small room in a recording studio. It is soundproofed to keep out external sounds and keep in the internal sounds. Ei vocalist, drummer or guitarist, along with microphones, is acoustically isolated in the room. The isolation b�th will be completely lined (walls and ceiling) with sound barriers, which is a dense, limp-mass vinyl material that stops the transmission of sound. Polyurethane acoustical foam will then be installed over the sound barriers. Acoustical foam panels are used as a sound absorber to red.uce reverberation and echoes. Please view foam sample below. 1� The control room, which is connected to the isoiatian booth, in the lower level of the residence, is where most of the work will be done by the engineers and/or producers. This room is where all equipment u-Sed for recording, mixing and mastering will be located. The control room will be equipped with soft sound acoustic panels. These panels are fabric covered acoustic absorptive panels that are designed to absorb and flutter echoes, providing a more pleasing and accurate listening environment. Monitor isolation pads and amplifier isolation risers will be placed under all the recording equipment to separate each item from the environment. Both isolation products provide sonic isolation between the equipment and the area it is resting on. Bass Traps will also be installed in the corners of the walls and/or ceilings of the control room to provide broadband sound absorption and smooth out low frequency room nodes. Although there are no windows directly connected to either the isolation booth or control room, l/4' laminated glass will be installed to prevent noise pollution for neighboring residence. Acoustic sweep barrier tape and acoustical sealant will also be added to all doors to fill in gaps, holes and cracks. Please review pages 6 and 7 for product specifications and pictures. i All specifications are from: �r�rw.�wralrs.co�ri '�'�'�Due to printing layout, product informatiou 6as been copied. Bass Tra�s LENRD stands for Low-End Node Reduction Device. As you may know, a resonance bump in a room's frequency response is called a room node. Now, thanks to LENRD Bass Traps, you can achieva the low frequency sound control othar companies can't give you! Bass traps substantial enough to control nodes have always been expensive to buy or intricate NRC: 1.35; Qty. Per Box: 8(16 lin. ft.); and time-co�suming to builtl, but not anymore! Adhesive: i Foamtak or 2 Tubetak pe� LENRD Bass Traps are extremely effective at box smoothing out low frequency room nodes at a price that anybody-and I do mean anybody-can afford! Ask your local Auralex dealer about our MegaLENRD. Twice the width and twice the length of a normal LENRD! Isolation Pads Product Information Your loudspeakers are the most critical components you use to verify the quality of your work, No matte� how good your mixer, mics, preamps, cables, and other pieces of gear that you've invested in, you're not truly hearing what your recordings sound like until you isolate your monitors from their environment. This is where the Auralex MoPADs come in. Dimensions: 12" long x 4" wide; Weight MoPAD Monito� Isolation Pads provide sonic limitation�: 10o16s. isolation between your monito�s and whatever your monitors are resting on, INSTANTLY improving the accuracy of your entire monitonng system. MoPADs are affurdable, easy ta implement and really effective at decoupiing your monitors from your room and all its contents. You've gotta get some! Until you do, you'li never know what your recordings really sound like. ln Am� Isolation Riser GRAMMA The GRAMMA (Gig and Recording, Amp and Monitor, Modulation Attenuator) is an incredibly effective patented device that's used to float an amp or loudspeaker.. GRAMMA yields nearly totai acoustic isolation, resulting in a purity of tone that has to be heard to be believed! GRAMMA Dimensions: 23" iang x 15" wide x 2.75" high Weight Limit: 3001bs. Accoustic Panels For the professional needing an aesthetic yet cost-effective alternative to full-wall custom fabric systems, Aurelex EV'l'E ProPaneis cover the spec�um. ProPanels are fabrio-covered, acoustic absorptive panels designed to absorb slap and flutter echoes, providing a more pleasing and accurate listening environment. E1ite a2Z ProPanels are 1" thick, beveled edge absorptive paneis in a 2'x2' size. They are available in 4 standard fabric choices, and are normally in stock for immediate shipment. The 2'x2' size expands design and placement options providing unlimited aesthetic appeaL Neighboring Residents I�leighboring residence will not be disturbed by the equipment being used, aside from the products being purchased to isolate and absorb sounds, the location of the recording studio will be in the lower level unit of the residence and below grade. There are no windows within the proposed area that would face any neighboring homes and the location within the unit is not located directly next to neighboring homes. Please review pictures A and B, on page 9, for neighbor on east side. Please review picture C, on page 10, and diagram, on page 11, for neighbor on west side. d i« r j a 4 �6N' �.�-a"� 'rr r� e u "e�" ��,r i4w't�'.. A�tf" r a�cf J i{ 7 �Yr X� .l t�-YF�R7 t.✓ i J Y;� #,1k' r �Hf �"A��i-�� �Sr r N/ �1},^ PyL, r +r�Ar�3r'�*� x'�' a! ,,c 2 y i( ,sy�.�hir1�� R� l n �,�r ���0�3 Y ;y.,.. s. t t f 5 r �x i I i i I r -k`r��.'� ��5 i ��r' _..T 7_ �r, ti A t y n ',1 1� .f`y sa. dil.l.� f _���i N�.�� ..�i: �t�Y.'� .%�Y i i, I a.' r I .r' �i. y� �.I, I 1 I I 7 t r�•� bi �s r�>i �ia� t i 1'�,� i !I';. i �i' 1 I �y 'i 1 i I ,,±".,�h` r t I n ��r i r I 9 Y �`�I`.�1 .r, 7,� ���r�� l I I I I i I i I i I I i: i i i I I i I I 1 f I I I f 4 I I d �"Z� Q rj j i I i i I I i I I t i i I I i i i i I i „i��� I I I 1 I I I i I i ._i i I i I i I i i I 1 7 I i I I I i I i I I i i I i i i 1 i i 1 I I I i I I I i i i i 1 I ...I i' r I i I 1 I I I I I I I I I I i I I I I I I I I I I..• I I i j I I I r j I•� f t ��Ieasure Sa e v The sound absorption material that will be used within the vocal booth and control room are specifically designed to be fire retardant to better meet building and fire codes. The foam is designed to "self exhaust" and will not burst into flames. All products are tested in accordance with ASTM E84 and NFPA 255 standards for surface. Please review page 13 for Foam Flammability FAQs. Numerous safety measures are in place to prevent and assist with any hazardous situations that may arise. Multiple smoke detectors, fire extinguishers, heat detector, horn/strobe and a manual fire alarm are in place. There are also 4 fire exits and finally a fireman's lock box tocated outside of the business. Please refer to below picture Eor lower unit 6re exits. Please refer to page 14 for a fire system aiagram. i1 Auralex Foam Flammabil'ity FAQs March 2003 1. Are Auralex acoustical foam products fire reta�daM? Yes. All Auralex acoustical foam products are fire retardant. Nuralex acousdcal foam is specrfically designed to be fire retardant to better meet building and fire codes. This has always been the case with Auraiex acoustical foam products since they are designed specfically for use as acoustical treatrnents. (Nate: Auralex fire retardarrts are chemicaty added to the foam. They are not sprayed on.) 2. WhaR is the d'iiference between Auralex acoustical foam products and "beddin�" or "packing" foam? Since Auralex has bee� in busi�ess, our priori6es have been ia) safety and (b) 6etter sound. Auralex acoustical foam products are engineered to be (a) inherently fire retardant and (b) tl►e best for treating acoustics. Marnr "bedding" or "packing" foams are (aI not fire retardant at all and (b) perform poory as acoustical treatrnents. More than ever, Auralex encourages for the buyer to beware. Many "cheap" types of foam witl not offer tf�e levels of safety and acoustical control that Auralex acousticat foam products offer. 3. What happens if fire is exposed to Auralex acoustical tosm? If the flame source is removed or goes out, the foam will "selt-extinguish." smoke but it wiA not burst ir�to flames It w�ll smolder and Again, this is due to the inherent fire retardant properdes of Auralex acoustical foam products. iNote: Au�alex does not encourage lighting or otherwise exposing flames or heat sources to foam products. Auralex cannot be held liable for the misuse of products or injuries caused by the misuse of products. Also regardless of whether you use Auralex acoustical foam products general safety "common sense" should prevail in your faciliry. Fire exti�guisF�s, fire e�tits, etc. should aU be considered with general safeiy in mind.) 4. What information is required by my fu'e marshal, fire inspecior, or buildin� �nsPecto►.' Auralex tests all products in accordance with the ASTM E84 and NFPA 255 Standards for Surface Buming. This is in compliance with most building and fire safety codes. You can downbad a PDF copy of the afficial test report from ;,rtp ...,:�,v_ .:�lex. ,;rr. :�.;ust�c_te �u ;�:�a c:-: A f�e marshal, fire inspector, or building inspector will be able to interpret this test and compare it to tf�e requiremerrts stated in your local building codes. 5. I've heard A�ualex productt are 'Class B.' 1Nhat does tl�aR mean? The Standard for Surface Buming (ASTM E84 or NFPA 255) yie�s iwo numbers: 'Flame Spread Inde�' and "Smoke Developed Index." These numbers are compared with ttree ranges caYed out budd'uig and fire safety codes. The three ranges correspond to "Class A," Class B," and "Ctass C"(Some co�s refer ta these as "Class 1," "qass 2; and "Class 3." The Class designations are interchangeable.) Depending on the results of tt�e test, a material will fall into one of these tf�ree categories. "Class A" (or "Class 1") is the best, indicating that a material is not likely to bum very much, but may produce some smoke. "Class C" (or "Class 3") is the worst, indicating that a material will likely bum more and possibly even produce more smoke. All Auralex acoustical foam products are "Class B' Without getting too technical, it means that Auralex acoustical foam products will burn a little mo�e than a"Class A" material and will p�oduce smoke. Note that all "Classes" of foam are considered "fire rebrdar�t." The types of fnam to be exiremeiy wary of are those tt�at have no "Class" designation at all. ln all likeiihood, these materials have no fire retarda� properties whaisoever and Auralex discourages their use as acoustical treatrnents. 6. So does "Class B" mest my building codes? ft depends. Unfortunatey, buiiding codes vary widdy from place tn place. Tt�re is no "nationwide' building or fi�e safety code that everyone follows. Literalty, something considered acceptable for yoiu b�lding may nat be considered acceptable for it�e same type ot auilding in a tawn, say, four miles from you. If you are unsure at aa about what is or is not acceptable for your building, you are strongy encouraged to contact yow local fire marshal, fire inspector, ar btilding inspector prior tn purchasing any acoustical treatmerd products. 7. Are all the different Auralex colors aod shapes of foam the same in terms of flre retardant propertiea? Yes. In fact, each and every "bun" of Auralex acoustical foam that is po�ed is tested to make sure that the fire retardant properties are consistent for each and every Aura�x acoustical foam product 8. Is Sonomatt the Auralex version of "e6g crate" bam fire re�ndart2 Yes. As mentioned in Question 7, each and every Aivalex acoustical foam product in �y colo� or shape is fire retardant and "self- extinguishing." World-Class Acoustic Products Consuttation Facility Design 8851 Hague Road Indiarwpulis IN 46256-1284 31T.84Z2600 Fax: 317.$42_2760 1.80Q95.WEOGE •�lehsite: wwrr.auralex.com Email: auralexGauralex.com �-'7 ..r.. au l�c�� �f�'' 07 �`'�`�'It��a�i� ��..a�i��►u�� u�.�����/ �t,� �Jnu�W va� .�.nc� �1t�M tt�� r`�il.I.�.�U�t7tI �.l.�l rr���r�� a v�Uc' ..l..�l� 1tJ S .a 7 0� Z a��d �.,�a y�� ���a��' z S�► 1, a�� I l p�" �h �r�_ rJ �I�,.,� I �n.i aat�va r,,� d��� i t!'�7A '1��1N� 7.��; I �7 �11 �ar•� I� Y L- t� 4+-�R 1 h'''� r '�:.J Q c, t u! �`i r� �P`� Nal�.��l.. I rJ. ti 7 r 1�'N J-nD >1'►NN1 '�31�-�'1 �r1d 1NO7� V I �h r 1� Available Parking 3518 Woodbine Lane has a driveway that will allow Eour cars to be parked. Please refer to below picture and diagram, on page 16, for specifics regarding parking. i a 3 Y HOUSE GARAGE O 2 1 O 3 4 Wnnc�hine T.ane �i� Hours of Operation Monday Saturday 9:OOam 8:OOpni All activity that will be preformed at the business wili be made by appointment only and will be within the hours of operation. The studio will be closed on Sundays. ,�I Non-Residential Employees The only employees that will be working in the home occupation will be Diana Peppe and Jessicalee Gorski, as a partnership. Jessicalee Gorski is not a resident of the home. rate a Recordin Studio� The residents o€ Woodbine Lane N. listed below request that the Special Use Permit to ope 9 W stron I feel tha t the o eration of a Recording Studio will negatively North be DENIED. e P at 3518 Woodbine Lane 9 Y impact our property values, the quality of our neighborhood and the safety of our residents. The additional tra�c from this business and the inevitable on-street parking that will result from it's operation will present a safety risk to pedestrians who routinely use Woodbine to get to Palmer Lake Park and school children walking to and from Palmer Lake School. Woodbine Lane North has a high level of vehicle and school bus traffic as it is one of the main access streets to Palmer Lake School. Cars parked on the street are particularly hazardous to pedestrian and vehicle traffic because the street is so narrow that a car cannot safely meet an oncoming school bus or truck if there are cars pa�lced on the 'li to d o an area of the street that curves which further limits visibi ty street 3518 Woodbme Lane North is locate n oncoming traffic. I SIGNATURE NAME (P�inted) ADDRESS TELEPHONE NUMBER �J��� 7G.� J� d .'TJ j 1�c:��1 /1 G'. t`) ,.�t `tr L,,_, Kc l C'�lh �:�V"�Cc' �.��-Z �.-1 E fi� 1`� rt L-� a�� h� ri H 5 l 7�; 3'_ V-L '��A'�.- G���S �t.,.� S� vJo��� S S�� 1-�c� �fl►-� �o�a �r.,��(�5�7� ,f ���i�1 �w� E�e�►� J' v sZ :7 r,�r'''�� ��+�17G� y A�� GS�,r/ I,j�f �v �6i yL S G I-�,��' r 2� �C.� i?r1y �,�r��7G ��%/3 l��h���6 c`- i 5�/-3� ���4// �f� .ra n's TC> 5 1 c� 3 i �.c, 'k e 5'6 a C L 1' y Lt 2 �3 ��3 7 I �..x, M� 1C=, �3G. c, I r r (_���vZln�`"��'�ii� ��l'�/i I�T/aU� ���:'_/Nc �`r��rll 3C..;c' �4��;�:� C./� a 3 �a,��;�� �r�;� 5G/ 3/� 1 's L� ..1. l �1\� �i I �t �\J.,J J V r' c:; t .�.Z_ t `i '1 hFY 1 i�) t1 f �tv C i (n, 1.�� r.: 1' I l, �-I� l f I�:. �i�.:,��,V,,``' it;�l �,�i.. j ���'_�t"1 I11�' �r 1V� C J Sj MINUTES OF THE PROCEEDING5 OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION JANUARY 11, 2007 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:00 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Michael Parks and Sean Rahn and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zonin S ecialist Ronald Warren and Plannin Commission Recording Secretary Rebecca g P g Ford was absent and unexcused. i Crass. Gary APPROVAL OF MINUTES DECEMBER 14, 2006 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve the minutes of the December 14, 2006 meeting as submitted. The motion passed. Commissioners Lund and Rahn abstained as they were not present at the meeting. ADJOURNMENT There was a motion by Commissioner Roche, seconded by Commissioner Lund, to adjourn the 2006 Planning Commission. The motion passed unanimously. The meeting adjourned at 7:02 P .m. ADMIl�TISTER OATH OF OFFICE Mr. Warren administered the Oath of Office to Graydon Boeck and Sean Rahn. MMI SION CALL TO ORDER: 2007 PLANNING CO S The 2007 Planning Commission was called to order by Chair Pro Tem Rahn at 7:04 p.m. LL ALL 2007 PLANNING COMMISSION RO C Chair Pro Tem Sean Rahn, Commissioners Graydon Boeck, Rachel Lund, Michael Parks, and Tim Roche were present. Also present were Mayor Tim Willson, Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren and Planning Commission Recording Secretary Rebecca Crass. Gary Ford was absent and unexcused. ELECTION OF 2007 CHAIR AND CHAIR PRO TEM C'hair 1'ru T'e� Rahn c��:�e��ec3 the flc�or f:c�r ncstnin.�tic�ns. I I�he�•� �1=�s a rx�otic�n 1��� C`c�r�m.issic�zi�r �3oeck, se.c��nd�d btJ C`c��nin.issioner �2oche tc� no�r�ir�ate Cx�n�n�is:�i.c�f�er ��ahn 4is C:;h�ir c�f the "?O()7 I?lan.ni:E�g C�r�r��issic>rj. C;hair I'rc� ":L'e:��n �Za:hn asl:ed t��r �i�rther n����il���tic�il;� c1�i•ee; tin�es. Hearin� none, he aske;d ic>r n7c�tic>i� tc> ctose thi nc��nil�atic�ns. 1-11-07 Page 1 There ��-as a�r�cztic>n ��r Cc�1��r��is�ione►� Bc�et.k, seec�nclet� by Cc�rt��iss'rc�ner L.c��t�, tc� elc�se the nc����ia��tic}izs lc�r (�l�c►ir c�f tixe ?t}C)7 Planning Con�missic�n ��n�. tc� el�ct C�n�n�issic��zer Ral�l ��s C'l�G�ir esf the ?OE)7 I'1�n�:�in�; (:;c3n�ntissi��n. 'I�he �nati�n ��assed unar�izr�ousl��. T1i�re �,����s a rnc:3ti��n 1��- C'on�€�i5sic�l�er Bc?tck, secon�ied. Con���issic}ne�• Parks. tc� n;»��i�iate Ct�rr�tr�is�ic3��er F2i?���� ��.s C`�zair• �ro "�'e��. C'l���ir Ral�n askecl fc�z• fu�����r n����r�inatic�ras tl�ree ti�ne�. I��.�t�i��� nc�i�e< I��. as�;ec[ fc»� s� z°�c�ti��x� tc� cCose th� nc?minatit�ns. Th�ge ����s n�otic��� 17y C�'��i�n�nissit�ner B��eck, secanc�.�c� b�- Cc��tan�issione�• I'arks. ta close th� nc����il�atic�i�s �i:�r C1��ir I'r� Ten� c�f the 2�}U7 Plannin� Cominissi�n a3�c1 tc� eleci �'am�nissic�i��r IZ�c-��c; a� C;hair I't•c� `I`c:��a c�f t��e �{)�}7 Planni»� C;orn.nli.ssion. "('��e; nic�tioz� �7z�ssed unan.i�nously'. CHAIR' S EXPLANATION Chair Rahn explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these heaxings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 2007-001 DIANA PEPPE Chair Rahn introduced Application No. 2007-001, a request for Special Use Permit approval to conduct a home occupation to operate a recording studio at 3518 Woodbine Lane. The property is zoned R-1 and is surrounded by other single family homes and city owned open space (to the north). The proposed home occupation would involve customer traffic to the home and also the involvement of a non-resident employee, which requires the granting of a special use permit. Mr. Warren resented the staff re ort describin the location of the ro erty and the proposaL P p g P p (See Planning Commission Information Sheet dated 1-11-07 for Application No. 2007-001 attached.) Commissioner Lund inquired about possible signs and additional lighting on the property to promote the business. Mr. Warren responded that to the best of his knowledge there was no additional li htin lanned on the site and the issues of si s had not et been discussed with the g gP Y applicant. However, the sign ordinance allows one sign on the site for a home occupation. Commissioner Boeck suggested adding a statement to the recommended Condition No. 5 stating `within the building at 3518 Woodbine Lane'. Mr. Warren responded that the statement could be added if the Commission desires to do so. Commissioner Roche asked if there are any conflicts with the zoning ordinance requirements for a special use permit related to this application. Mr. Warren stated in his opinion there are no i conflicts with re ards to the a lication. g PP Commissioner Lund referenced Chapter 35-220 of the City Ordinances specifically related to safety on the site. Mr. Warren responded that the language used in the ordinance is universal to special use permits. He added that following his review, the application meets the requirements of Section 35-220 of the city ordinances. He pointed out that many things required for a special use permit for a home occupation are not required in the average home. 1-11-07 Page 2 Commissioner Parks asked to see the photo of the west side of the property and asked if the property has been reviewed by the Fire Marshall regarding safety requirements. Mr. Warren responded that the property will be inspected by the Building Official for all code related issues including exiting and fire safety once the application has formal approval. PUBLIC HEARING APPLICATION NO. 2007-001 There was a motion by Commissioner Roche, seconded by Commissioner Parks, to open the public hearing on Application No. 2007-001, at 7:43 p.m. The motion passed unanimously. Chair Rahn called for comments from the public. The applicant, Diana Peppe, 3518 Woodbine Lane, and Jessicalee Garski (business partner with Diana Peppe) introduced themselves. Commissioner Boeck asked what kind of music would be recorded. Ms. Gorski stated that it would be mainly vocalists with wood instruments. The studio would be occupied by an engineer and the artists, no additional musicians. Commissioner Roche asked about the level of expected traffic on the site. Ms. Gorski responded that there would be no more than an engineer and the artist on site along with herself or Ms. Peppe. Ms. Peppe added that this is a start up opportunity and they both have full time jobs and will only see clients on an appointment basis, one at a time. Commissioner Roche asked if they have discussed their proposal with the neighbors. The applicants responded that they had not. Commissioner Lund inquired how they will be open from `9 to 5' if that is when both applicant's work their regular jobs. The applicants responded that their jobs are very flexible and they have the ability to be available to customers during the day. Commissioner Parks asked what kind of equipment will be used and if they have allowed adequate floor space. Ms. Gorski responded that most of the equipment will be on a desk top which will allow plenty of room for recording in the studio. Ms. Peppe responded to an earlier question about lighting and stated that there is lighting in the back of the house if the rear entrance would be used. Commissioner Roche suggested that the applicant designate to their customers which entrance should be used. Ms. Peppe stated they plan to use the side entrance off a back porch. Ms. Diane Mosman, 3512 Woodbine Lane, stated that she is not in favor of having a recording studio next to her property. She has obtained signed signatures on a petition of other neighbors opposed to this use of the property. Ms. Mosman referenced Section 35-220, Subdivision 2a, of the City Ordinances and stated that she doesn't see how a recording studio would enhance the general public welfare since it would be no benefit to the neighbors. She added that it would be detrimental to the neighbors and subject them to additional vehicle trips down an already busy street since it is the primary access to Palmer Lake School and the park and will increase car noise already present at the applicant's property. She noted that booming car stereos are already the norm at the house. A home 1-11-07 Page 3 occupation would only make it worse. She added that the hours proposed are excessive and not appropriate. Commissioner Roche res onded that erha s there was a misunderstanding regarding the kind of P P P use proposed by the applicant and the amount of traffic it would create. Ms. Mosman continued by inquiring whether or not there would be adequate parking on the site. She states that there are three people living in the house which leaves fewer spots for customer parking and may create parking on the street which is shared by pedestrians. She further stated that most traffic on Woodbine to the school is from Brooklyn Park residents and they come from the north down Woodbine Lane. Commissioner Boeck asked if Ms. Mosman understood that there would be no client parking on the street. Ms. Mosman responded that she feels that the residents of the home will park on the street to allow customer parking on the driveway. She showed a picture of how close the walkway that will be used by clients is to her house and how uncomfortable that makes her in her home. Ms. Carolyn Green, 3607 Woodbine Lane, stated her concern is about traffic and parking. She asked the applicant how many cars are currently parked in the driveway. Ms. Peppe responded that she only has one car and will park it in the garage and not on the street which leaves four parking spaces for her clients. Ms. Green stated that there are frequently four cars in the driveway at the residence. Mr. Warren emphasized that while the home occupation is being conducted, the recommended conditions of approval clearly state there can be no parking on the street, whether the applicant's vehicle or that of the clients. Chair Rahn added that any noise outside the perimeter of the property could be cause for revocation of the special use permit also. Mr. James Gustafson, 3519 Woodbine Lane, stated that all hours of the day he hears excessive noise from cars visiting the home and also from music coming from the home. Ms. Cheryl Johnson, 3500 Woodbine Lane, asked that if this use is permitted, how does it enhance the neighborhood since this is a small, quiet neighborhooc�? How often is the special I use permit reviewed and how are the standards met. Mr. Warren responded that if the special use permit is approved, it is granted until there is a violation of the conditions of approval. He explained further that once a special use permit is granted, it should be secondary and incidental to the primary use of the property, one that would hardly be noticed by the public due to limited customer traffic. A s ecial use ermit is anted based on the a lication meetin the standards P P PP g of approval outlined in the city ordinances. Ms. Mosman asked the a licant if there would be a security system on the site. Ms. Peppe PP stated that there would be a security system on site and they are willing to work with their neighbors to address their concerns with noise and traffic. Mr. Warren suggested that they consider shortening their hours of operation. Ms. Peppe responded that she would be willing to consider shorter hours of operation. 1 f n is Mr. Warren Anderson 3400 in Lane ated his concern is the unknown leve o o e Woodb e st related to this proposal. He added that he feels that the increased level of traffic will be minimal. 1-11-07 Page 4 Commissioner Boeck stated that noise levels are regulated and enforced by the city and that if it is excessive, the proper authorities should be notified. Commissioner Roche addressed the a licant and suggested that maybe opening communication PP between herself and the neighbors might alleviate some of their concerns. Ms. Peppe agreed. No other persons from the public appeared before the Commission during the public hearing on Application No. 2007-001. CLOSE PUBLIC HEARING There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to close the public hearing on Application No. 2007-001, at 8:32 p.m. The motion passed unanimously. The Chair called for further discussion or questions from the Commissioners. Commissioner Roche asked how the parking regulations will be enforced. Mr. Warren responded that while it is a condition of approval, the enforcement will most likely take place by neighbor complaints and calls to the city. It is impractical to have someone continuously monitor the situation, but review will take place. Commissioner Parks inquired about enforcement of the noise ordinance as it relates to the proposed home occupation, specifically noise secondary to the home occupation. Mr. Warren explained that would likely be a`disturbing the peace' violation and not necessarily a violation of the conditions of approval for the special use permit. He noted, however, the standard is noise and vibrations associated with the home occupation should not be perceptible beyond the boundaries of the lot. Chair Rahn stated that if all the regulations are met, approval of an application such as this cannot be denied. However, violations of the conditions can cause the applicant to lose her privilege to operate the home occupation. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2007-001 DIANA PEPPE, There was a motion by Commissioner Roche, seconded by Commissioner Boeck, to recommend to the City Council that it approve Application No. 2007-001, submitted by Diana Peppe for a Special Use Permit for a home occupation to operate a recording studio at 3518 Woodbine Lane subject to the following conditions: 1. The special use permit is granted for a recording studio use in the lower level of the home at 3518 Woodbine Lane North. Said home occupation will involve customer traffic to the home and the involvement of a non-resident employee in the conduct of the home occupation. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the special use permit. 2. The special use permit is subject to applicable codes, ordinance and regulations. Any violation thereof may be grounds for revocation. 1-11-07 Page 5 3. All parking associated with this home occupation shall be off street on improved space provided by the applicant. There shall be no on street parking associated with this home occupation and all vehicle parking on the property shall be in compliance with Section 19-103, Subdivision 12 of the City Ordinances. 4. The hours of operation shall be between 9 a.m. and 7 p.m., Monday through Friday and 10 a.m. to 7 p.m. on Saturday. The studio will be closed on Sunday. Customers may utilize the recording studio on an appointment only basis and only at a time when the applicant and/or her partner/employee are present. 5. The applicant sha11 comply with all recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. A building permit and Certificate of Occupancy shall be obtained also from the Building OfficiaL 6. The applicant shall provide appropriate fire extinguishers and other safety materials in the area of the home occupation per the recommendation of the Building Official. Votin in favor: Chair Rahn Commissioners Boeck Lund Parks and Roche. The motion g passed unanimously. The Council will consider the application at its January 22, 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 Commission for reconsideration. OTHER BUSINESS i There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:48 p.m. Chair Recorded and transcribed by: Rebecca Crass 1-11-07 Page 6 City Council Agenda Item No. l l a c ,��,f Office of the City Clerk J3ROOKLYN �`ENTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City ClerkQS.�1G DATE: January 16, 2007 SUBJECT: Resolution Expressing Recognition and Appreciation of Members Who Have Served on City Commissions At its January 8, 2007, meeting, the City Council adopted Resolution No. 2007-06 Expressing Recognition and Appreciation of Members Who Have Served on City Commissions. Two Housing Commissioners were inadvertently not listed on the resolution for their voluntary public service, Jean Schuster (8-25-03 through 09-19-06) and Robert Paulson (04-10-06 through 09-16-06). However, Mr. Paulson was recognized at the January 8, 2007, meeting for his service on the Financial Commission. Certificates of Appreciation have been prepared for these individuals for their public service. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION EXPRESSING RECOGNITION AND APPRECIATION OF MEMBERS WHO HAVE SERVED ON CITY COMMISSIONS WHEREAS, Robert Paulson and Jean Schuster have voluntarily served on the City's Housing Commission; 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 City's Housing Commission; 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 Paulson, Housing Commission 04/10/06 09/16/06 Jean Schuster, Housing Commission 08/25/03 09/19/06 is hereby recognized and appreciated by the City of Brooklyn Center and staff is directed to prepaxe individual certificates of appreciation for each commission member. Januarv 22, 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. llb City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 16, 2007 TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works 7��� SUBJECT: Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing, Improvement Project Nos. 2007-01, 02, 03 and 04, Freeway Boulevard and Shingle Creek Parkway Street and Utility Improvements On March 13, 2006, the City Council established the Freeway Boulevard and Shingle Creek Parkway Street, Storm Drainage, and Utility Improvement project by Resolution 2006-33. This action was taken in accordance with the Capital Improvement Program, which identifies portions of Freeway Boulevard, 65 Avenue, Shingle Creek Parkway and James Circle North for street and utility reconstruction in 2007. The attached feasibility report provides a summary of the project evaluation and preliminaxy layout of street and utility improvements. The report also includes the results of a informational survey that was mailed to all property owners within the project area. A public informational meeting was conducted on January 11, 2007 to provide project information to residents and property owners within the project area and gain additional input from the public. The informational meeting was 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 $2,113,500.00. Funding for the project is proposed from a variety of sources as described in the feasibility report and as listed below. Special Assessments 557,931.00 Sanitary Sewer Utility 126,000.00 Water Utility 19,000.00 Storm Drainage Utility 263,000.00 Street Light Utility 24,000.00 Municipal State Aid Fund 959,342.00 Street Construction Fund 164,227.00 Total $2,113,500.00 Attached for consideration is a City Council resolution to receive the Engineer's Feasibility Report, and to call for a public hearing for February 26, 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 (763) 569-3494 www. cityo f brooklyncenter. org Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING, IMPROVEMENT PROJECT NOS. 2007-01, 02, 03 AND 04, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET AND UTILITY IlVIPROVEMENTS 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, storm drainage system and public utilities along portions of Freeway Boulevard, 65�' Avenue North, Shingle Creek Parkway and James Circle North; 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 improvements for said project is proposed to be assessed against properties within the project area; and WHEREAS, the proj ect cost is estimated to be $2,113,500.00 and the proj ect funding sources are currently estimated to be: Special Assessments 557,931.00 Sanitary Sewer Utility 126,000.00 Water Utility 19,000.00 Storm Drainage Utility 263,000.00 Street Light Utility 24,000.00 Municipal State Aid Fund 959,342.00 Street Construction Fund 164,227.00 Total $2,113,500.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that: 1. The Engineer's Feasibility Report titled Freeway Boulevard and Shingle Creek Parkway Street and Utiliry Improvements is received and accepted. 2. A hearing shall be held on the 26 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 project 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 improvements. 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 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. Public Works Department c;tyof Engineering Division BROOKLYN Phone: 763-569-3340 CENTER FAX: 763-561-0955 ENGINEER' S FEASIBLITY REPORT FOR �REEWA Y BOULEVARD AND SHINGLE CREEK PARKWA Y STREET AND UTILITYIMPROVEMENTS IMPROVEMENT PROJECT NOS. 2007-01, 02, 03 and 04 THE CITY OF BROOKLYN CENTER, MINNESOTA January 16, 2007 6301 Shingle Creek Pkwy, Brooklyn Center, MN 55430-2199 City Hall TDD�Number (763) 569-3300 Engineer's Feasibility Report FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY Improvement Project Nos. 2007-01, 02, 03 &04 I I I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota /aa(� Todd'A. Blomstrom, P. Reg. No. 26437 January 16, 2007 Feasibiliry Report Freeway Blvd and Shingle Creek Pkwy Page 1 L BACKGROUND The City's Capital Improvement Program identifies three commerciaUcollector street projects for construction during the 2007 construction season. These projects include street and utility improvements along Freeway Boulevardl65 Avenue North, Shingle Creek Parkway and James Circle North within the project limits shown on Figures 1 and 2. The improvement area consists of the following streets: Freeway Boulevard/65 Avenue from700 feet west of Shingle Creek Parkway to 375 feet east of Bryant Avenue North Shingle Creek Parkway from Freeway Boulevard to the bridge deck over Interstate Highway I-94/694 Shingle Creek Parkway from 370 feet south of John Martin Drive to County Road No. 10 James Circle North located between Freeway Boulevard and Interstate Highway I-94/694 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 project. Staff conducted a public informational meeting with property owners located within the project area on January 11, 2007. An informational survey was also distributed as part of the project evaluation process. A summary of property owner comments is provided in Appendix C. II. PROPOSED IMPROVEMENTS A. STREET IMPROVEMENTS Freeway Boulevard/65 Avenue was originally a two lane rural roadway in the early 1950s. This roadway was expanded in several phases over the past 50 years. The last roadway expansion along the western portion of Freeway Boulevard occurred in 1990. The southern portion of Shingle Creek Parkway was nstructed in two hases occurrin in 1978 h was co g construc ted in its current form in 1969. James Circle Nort P ban section roadwa s with concrete t area are currentl ur Y All street se ents within the ro'ec y and 1988. gm p J curb and gutter. Public Works Department staff have monitored the condition of the pavement within the project area for several years to determine the most cost-effective pavement improvements. In July 2006, Freeway Boulevard/65�' Avenue was also evaluated by an engineering consultant who provided staff with recommendations regarding appropriate pavement improvements based on current deterioration and distress factors. The pavement structure is generally stable within a vast majority of the project area. Soil borings and pavement core measurements were conducted at 21 locations throughout the project area. These measurements determined that the existing pavement sections along a majority of Freeway Boulevard and Shingle Creek Parkway consists of 6 to 12 inches of bituminous pavement and 3 to 24 inches of aggregate base over a fine to coarse granular subgrade material. The James Circle pavement section consists of 4%z inches of pavement over sand/gravel subgrade material. Recent street improvement projects along Humboldt Avenue and Shingle Creek Parkway adj acent to the proj ect area encountered dense to very dense bituminous pavement material within the older street sections. Feasibility Report Freeway Blvd and Shingle Creek Pkrvy PaSe 2 Inspections of the existing pavement identified normal oxidation of the pavement surface and lateral cracking along the pavement mat. Substantial amounts of longitudinal cracking and rutting were not identified during the inspections. Full depth "pot-hole" type pavement failures are generally limited to locations were the mainline pavement adjoins side streets. Limited sections of deteriorated curbing was identified within the project area, but not to the extent that would justify complete replacement of all concrete curb within the project area. Based on the information above, the recommended pavement improvements consist of a mill and overlay rehabilitation of the existing pavement. Sections of curb and sidewalk are proposed to the removed and replaced at locations identified in Appendix A of this report. The following table provides a summary of the recommended thickness of the mill and overlay sections within the project. Recommended Thickness Roadway Segment of Mill and Overlay FreewaV Blvd from 150' west of SCP to Shinple Creek Bridqe Deck 2-inch FreewaV Blvd 65th Ave from 150' west of SCP to Colfax Ave 4-inch Freewav Blvd 65th Ave from Colfax Ave to 375' east of Bnrant Ave I 2-InCh Shinqle Creek PkwV from I-94 to FreewaV Blvd 4-inch Shinqle Creek Pkwv from 375' South of John Martin to CR 10 I 4-if1Ch James Circle North all sepments south of Freewa�r Blvd I 2-InCh B. STREET GEOMETRICS Freeway Boulevard transitions from a two-lane urban section roadway west of Shingle Creek Parkway to mboldt continuous left turn lane between Shmgle Creek Parkway and Hu ne r adwa with a a four la o y Avenue. East of Humboldt Avenue, Freeway Boulevard/65`'' Avenue transitions to a two-lane roadway with a continuous left turn lane extending to Camden Avenue. Recent traffic counts along this segment of 0 vehicles er da k Parkwa to 13 70 y of Sh in le Cree P r da west Y roadway range from 5,500 vehicles pe y g urrent roadwa confi uration has been in- between Shingle Creek Parkway an d Humboldt Avenue. The c y g place for over 16 years and appears to be functioning adequately. ur-lane divided roadwa Both the northern and southern portions of Shingle Creek Parkway consist of a fo Y with a raised center median. Traffic counts along this roadway range from 12,000 to 20,300 vehicles per day. All left turning movements along Shingle Creek Parkway are limited to signalized intersections. James Circle North consists of a two-lane local commercial street used for vehicular access to adjacent businesses. Traffic volumes are relatively low. Vehicle flow and stacking problems have not been noted or reported along James Circle North. Traffic counts on streets within the project area are not projected to substantially increase in the future. Major changes in local traffic patterns are not anticipated as a result of the proposed reconstruction of the streets segments. The existing street configuration will be sufficient to convey existing and future anticipated traffic volumes. Land use along the southern portion of Shingle Creek Parkway may change in the future as a result of the City's ongoing effort with the Opportunity Site Study Area. However, the mill and overlay improvement along the southern portion of Shingle Creek Parkway are necessary to maintain the pavement during any potential long-term redevelopment within the Opportunity Site. Feasibility Report Freeway Blvd and Shingle Creek Pkwy Page 3 C. TRAFFIC SIGNAL IMPROVEMENTS In May 2006, the City authorized Short Elliot Hendrickson (SEH), Inc. to conduct a detailed �eld review of the existing traff'ic signal systems located along Freeway Boulevard at the intersections of Shingle Creek Parkway, Humboldt Avenue and Dupont Avenue. The purpose of the field inspection was to identify repairs and replacement needs for the aging traffic signals. The field inspection included a review of vaults, loop detectors, signal poles, vehicle and pedestrian signal heads, street lights, control cabinets, electronic controllers, and other miscellaneous components of the signal systems. SEH has prepared individual reports for each of the three signal systems summarizing the recommended repairs and rehabilitation work. The primary items identified for replacement include the signal cabinets and controller units. The installation of Emergency Vehicle Pre-emption (EVP) is also recommended for the three traffic signal systems due to the close proximity of the Brooklyn Center Police Department and East Fire Station to these intersections. A summary of the traffic signal repairs and improvements is provided in Appendix A of this report. D. STORM DRAINAGE IMPROVEMENTS The storm water drainage system along Freeway Boulevard 65"' Avenue includes two larger diameter trunk storm sewers. A 36-inch diameter reinforced concrete pipe sewer (installed in 1974) conveys runoff from the intersection of Shingle Creek Parkway and Freeway Boulevard into Shingle Creelc. The second trunk storm sewer consists of 60, 66, and 72-inch diameter reinforced concrete pipes that convey runoff along Freeway Boulevard, eventually discharging to the Mississippi River. In 1990, additional catch basins were added and several existing storm sewer structures were relocated to allow for widening of Freeway Boulevard/65"' Avenue North. A televising inspection of the existing mainline storm sewer along Freeway Boulevard was conducted during the summer of 2006. The existing underground pipe network was found to be in fair to good condition. A moderate amount of debris and sediment has accumulated within the larger diameter trunk storm sewers. Cleaning of these pipe segments should be conducted under a separate contract from the proposed project. Storm sewer improvements that are included within the proposed project include relocation of two catch basins located along the north side of 65`� Avenue at Bryant Avenue to correct a problem with curb and sidewalk slope near the intersection. Proposed improvements also include reconstruction of an existing manhole that is buried along the south side of 65`� Avenue near Camden Avenue. Various catch basin castings are also identified for replacement within the project area. The existing drainage system currently does not include provisions for treatment of storm water runoff prior to discharging into the Mississippi River. The estimated project cost includes some limited funding for installation of an underground treatment device to remove litter, debris and sediment from the storm sewer system. The underground treatment device would be located along the north side of 65�' Avenue near Firehouse Park. Details of the proposed treatment structure must be further investigated during the final design process for the project and the project cost estimate adjusted accordingly. i Feasibility Report Freeway Blvd and Shingle Creek Pkwy Page 4 E. SANITARY SEWER IMPROVEMENTS Freeway Blvd Sanitary Sewer System: The existing sanitary sewer along Freeway Boulevard was originally installed between 1960 and 1974. A 10-inch diameter sanitary sewer extends along Freeway Boulevard from Shingle Creek Parkway to Humboldt Avenue. Between Humboldt and Dupont, the sanitary sewer reduces down to an 8-inch diameter pipe. The sanitary sewer east of Dupont Avenue is a 10-inch diameter pipe. In-line flow monitoring was completed along the segment of sanitary sewer between Humboldt Avenue and Dupont Avenne to determine if this segment of 8-inch diameter sewer has sufficient capacity for existing land use conditions. Flow monitoring over a three week period measured the average flow of 73 GPM with flows generally ranging from 60 to 120 GPM. The peak flow was measured at 200 GPM. This segment of sanitary sewer between Humboldt Avenue and Dupont Avenue has gravity flow capacity of approximately 300 GPM. Similar flow monitoring during the late 1980s concluded that the 8-inch diameter sanitary sewer has sufficient capacity for the existing land use. A review of maintenance records did not identify capacity issues for this segment of sanitary sewer. Based on the results above, complete replacement of the 8-inch diameter sanitary sewer is not warranted at this time. A televising inspection of the sanitary sewer system was conducted during the summer of 2006. The inspection identified the need for isolated spot repairs at four locations along Freeway Boulevard 65`� Avenue. The current project cost estimate includes samtary sewer repairs at these locations. Shingle Creek Parkway Sanitary Sewer System: The existing sanitary sewer along Shingle Creek Parkway consists of 8-inch diameter sewer (installed 1969), 12-inch diameter concrete pipe sewer (installed 1969) and 12-inch diameter force main (installed in 1969). Lift Station No. 9, located on the west side of Shingle Creek Parkway, was replaced in 1999. The Capital Improvement Program identifies the replacement of the force main extending from Lift Station No. 9 to the downstream gravity sewer system within the Brookdale Property. As previously mentioned, the City is currently in the process of conducting a redevelopment study for the Opportuniry Site area located east of Shingle Creek Parkway. This planning effort is tentatively scheduled to be completed within the next two years. Preliminary redevelopment plans include potentially significant changes m land use m this area. Changes in land use may result in changes in wastewater flows within the upstream service area of the lift station force main. As a result of the current planning effort, a firm estimate of future wastewater flows from the service area cannot be established at this time. Therefore, staff is recommending that replacement of the force main along Shingle Creek Parkway be delayed until the Opportunity Site Study and the Comprehensive Plan Update is il. The force main is located within the ras s boulevard west of the completed and approved by the City Counc g roadway alignment and could be replaced at a later date with minimal disruption to the roadway surface. F. WATER SYSTEM IMPROVEMENT5 Freeway Boulevard Water Main: The existing water main along Freeway Boulevard consists of 8-inch diameter cast iron pipe (installed in 1961 and 1969) east of Shingle Creek Parkway and 12-inch diameter cast iron pipe (installed in 1974) west of Shingle Creek Parkway. The condition of this water main is generally good. Water main breaks have occurred near'the intersection of Freeway Boulevard and Humboldt Avenue in Feasibiliry Report Freeway Blvd and Shingle Creek Pkwy Page S past years. Water main was replaced in the intersection of Humboldt Avenue and Freeway Boulevard as part of the Humboldt Avenue reconstruction project in 2006. Inspection of the water main within the Humboldt/Freeway Blvd intersection during the 2006 construction season conf'irmed that the water main is generally in fair to good condition. Substantial water main replacement is not scheduled for the portion of the water distribution systetn along Freeway Boulevard. Shingle Creek Parkway Water Main: The existing water main along Shingle Creek Parkway consists of 16-inch diameter cast iron pipe and 8-inch diameter water services originally installed in 1969. In 2005, water main was repaired along the central portion o� Shingle Creek Parkway between John Martin Drive and I-694 at several locations during reconstruction of the roadway. A condition survey conducted at that time revealed that the water distribution system was generally in fair to good condition. The portion of water main along the southern portion of Shingle Creek Parkway was installed in the same year as the water main within the central portion of Shingle Creek Parkway. Water main repairs along Shingle Creek Parkway are limited to the replacement of fitting bolts for the water service to the Brookdale Square property and repairs to existing gate valves. III. ESTIMATED COSTS AND FUNDING CONSIDERATIONS The total estimated cost of the proposed project is $2,113,500. Table 1 provides a summary of the estimated project costs and recommended funding amounts from various revenue sources. Funding for the project is further described below. A. Costs and Funding for Street Improvements timated ro'ect cost of roadwa im rovements for all streets within the project area is $1,681,500. The es p y p This preliminary estimate includes the cost for project administration, legal, engineering, construction contingency, and reforestation. Freeway Boulevard/65 Avenue and Shingle Creek Parkway are designated as Municipal State Aid routes. t im rovement Munici al State Aid MSA funds are available to offset a ortion of the stree p Therefore P P costs. Funding for street improvements would be derived from a combination of MSA funds, special assessments to adjoining properties and the City's Street Reconstruction Fund. Special assessment amounts for street improvements were calculated in accordance with the City's Special Assessment Policy. This policy prescribes that non-residential properties are assessed at a rate of 70 percent of the total project cost to the extent that the project costs are deemed to benefit the properties. Non- residential property assessments are calculated on an area basis. An "A" zone of benefit is determined that includes that area of all properties abutting the street to be improved, extending to a depth of 200 feet or the property depth, whichever is less. A"B" zone of lesser benefit is established to identify those properties or portions of properties which do not abut the improved roadway, but which accrue benefit. For the street improvements described herein, the proposed special assessment rate per square foot for the "A" zone is $0.1823 along Freeway Boulevard/65 Avenue and James Circle and $0.2081 along the southern portion of Shingle Creek Parkway. The proposed special assessment rate per square foot for the "B" zone is $0.0860 along Freeway Boulevard/65 Avenue and James Circle and $0.0238 along the southern. portion of Shingle Creek Parkway. This rate method would be applied to all properties within the project corridor. A preliminary special assessment role is included in Appendix B of this report. Feasibility Report Freeway Blvd and Shingle Creek Pkwy Page 6 Special assessments for Rl zoned properties located along the south side of 65 Avenue 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. All of the R1 zoned single family residential properties within the project area are corner properties. Based on City's Special Assessment Policies, these corner properties may choose to receive the street improvement special assessment with the street improvements along 65 Avenue or at which time that the side streets are reconstructed in the future. Staff will contact each single family property owner to determine their preference regarding the proposed special assessment. On this basis, a total estimated special assessments amount of $557,931 would be levied for street improvements. B. Costs and Funding for Storm Drainage System Improvements The total estimated cost for storm drainage improvements within the project area is $263,000. This preliminary estimate includes the cost for project administration, legal, engineering and construction contingency. Funding for storm drainage system improvements is recommended to be derived from the City's Storm Drainage Utility Fund as shown on Table 1. G Costs and Funding for Sanitary Sewer Improvements The estimated cost of sanitary sewer improvements is $126,000. This estimate does not include the cost to replace the sanitary sewer force main along the west side of Shingle Creek Parkway between Lift Station No. 9 and the downstream gravity sewer system. All costs for sanitary sewer improvements should be funded by the City's Sanitary Sewer Utility Fund, in accordance with established policy for such improvements. W r Main Im rovements D. Costs and Funding for ate p The estimated cost of water main improvements is $19,000. As previously noted, the total cost estimate includes the cost for project administration, engineering and construction contingency. All costs for water main improvements should be funded by the City's Water Utility Fund, in accordance with established policy for such improvements. E. Costs and Funding for Street Light Improvements The estimated cost of street light improvements is $24,000 to replace the existing street lights located within the median along the southern portion of Shingle Creek Parkway near County Road 10. These street lights have a history of underground power faults. Proposed improvements consist of replacing the underground power service and poles. All costs for street light improvements should be funded by the City's Street Lighting Utility Fund. Feasibility Report Freeway Blvd and Shingle Creek Pkwy Page 7 IV. RECOMMENDED PROJECT SCHEDULE schedule is rovided for the ro'ect based on ast ublic improvement projects of The following prehmmary p p p P similar scope and size. Action Target Date City Council Receives Feasibility Report January 22, 2007 Declares Cost to be Assessed and I Calls for Public Hearings i� �I Council Holds Public Hearing, Authorizes the February 26, 2007 Project and Orders Preparation of Plans and I Specifications City Council Approves Plans and Specs March 12, 2007 I Authorizes Advertisement for Bids I I City Receives and Opens Project Bids April 18, 2007 4 City Council Considers Award of Contract April 23, 2007 i Start Pro�ect Construction June 1, 2007 J 1 Construction Substantially Complete September 30, 2007 I V. CONCLUSIONS The overall condition of the City's street and utility infrastructure systems is critical to the operation, safety, escribed and the welfare, and economic health of the community. As a result of the infrastructure needs d ort the ro osed ro'ect is considered to be proposed solutions and estimated costs provided m this rep p p p� necessary, cost effective, and feasible. Feasibility Report Freeway Blvd and Shingle Creek Pkwy Page 8 Table 1: Cost and Funding Improvement Project Nos. 2007-01, 02, 03, 04 Freeway Blvd and Shingle Creek Pkwy Improvements Revised January 12, 2007 Sanitary Water Storm Street Estimated Streets Sewer Main Drainage Lights Total Estimated Expenditures Estimated Construction Cost �Note $1,523,000 $90,000 $17,000 $231,000 $24,000� $1,885,000 Contingencies $80,000 $14,000 $1,000 $12,000 $107,000� Administration, Engineering Legal $76,000 $22,000 $1,000 $20,000 $119,000 Reforestation $2,500 $2,500 Total Estimated Project Costs $1,681,500 $126,000 $19,000 $263,000 $24,000 $2,113,500 Estimated Revenue Street Special Assessments $557,931 $557,931 Storm Drainage Special Assessments Sanitary Sewer Utility Fund $126,000 $126,000 Water Utility Fund $19,000 $19,000 Storm Drainage Utility Fund $263,000 $263,000 Street Light Utility Fund $24,000 $24,000 Street Construction Fund $164,227 $164,227 Municipal State Aid $959,342 $959,342 'I Total Estimated Revenue $1,681,500 $126,000 $19,000 $263,000 $24,000 $2,113,500 Notes 1.) Estimate assumes inflationary increase of approximately 3.5 percent over 2006 unit prices. Estimate does not include Sewer Force Main Replacement along Shingle Creek Parkway e Freeway Blvd Reconstruction Area F���RE 1 ._��a�-� _J t y z n G7TFl AVEN Z A I m �t 6511 700 2200 2100 2050 2000 1800 6500 y J 6500 6535 I 22 1 1600 �I O j 6501 Z I I 6 2101 I DI 22 507 1. y 6443 1307 �3p� 1207 6443 1001 6442I6449 j� 6445 1601 I101 O, Q I 6440 1501 t� i 6305 I 3� 6415 1600 I Q `i I 6405 r �t 64TH A 22 v z Z r 1601 1501 I I L---- I r �Q7a j �t����.�.. (9 v �NT -69� K 2 1�� V`,PV f� ``ti INTERSTATE 9 �-'rARLE BROWN DR �gR`C51. rT--- 1 c� i� �1 _T FIGURE Z Shingle Creek Pkwy Reconsfruction Area 61 QO �03€} 22 605Q 22 1 Q saoo `�O ti� 22 �2 q�'�,i 5930 �O 5925 22 5939 22 5g 5927 5918 5915 5910 59Q1 5912 5906 22 5842 Q� 2 5836 i C� 590Q z 22 2$Q2 t� 22 25dQ 5701 �-v onnn �A�1-I�, 1$ l.—.._._... ,:-1 3108 2501 2545\ 2501 Appendix A Feasibility Report Freeway Blvd and Shingle Creek Pkwy FREEWAY BLVD RECONSTRU110N 1 r 3 �1 w .flEMO�E AND t it�; f t NEPLACE GIHB ANO y}���� �i I msru� ��,£a, artm g w,. a N+o 8 .,_W�.m 4E' 27' -5G �-„��4i` �.Y�3< 47.OD LF. RdOVE AND R s HE'PLACE CB.- RkPL10E 90E1YQ1C Q171ER d C O N G A D O_ R d O Y E A N D CASIINO 4• x 4� 10.00 LF ��Uµ SfA110N idIi1EN QIR9 AND ,3 10.00 ROIOVE AND �NEPLACE 90EWNJf 'u.�..-�. pllm Kp x O uui�en 600 LF� y aao �..A�w l W ,„.,-'",�-i�"°° r RF]AOY� 316 SO IERACE �91GEWAl1C". j :.�'."'�...�'A7 a ,�m� :_.�uT�.ca�1.'.:.,. 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C�� "-��c °'-..I" on �rcat p ��M1 �1 a `i ,�o ';1 -�wo��no_ra.r, JJJ �°v°'°� r� L J n� a �wo cu� wo �sua axm �nb jJj{ !j��� zi.ao p1 *�`faoo�is. �a is ���,.,.�r.. z RELOVE AND L 7 CAS11N0 t e RFRACE CUHB ANO IIELME /�NC S ""-a I p1TIElt RFPLAfE WRB NID r"'" a RFPLhCE f9 qITiF7t I OONSIRUC110N ge cws�MO F' E ��y `""J.,,,,,,,,�,. U QIpR�"°AND 3 i 5�'tik`.trSLG F€a€:k:' QITiF1t C� -�ll< Sar> ii (�3 6m sr �aoo newove uro �ruce ar�e uo wrnn 3s.00 �r. �st�c.;��� tl'}€ I {SRAPffiC 8CA1B q T c�ir oF rarr.r��:�ss�s�n.°ea��.; i �a�oa�e i BROOKLYN CENTER arwuo nan I rpen� m�rt� y�svp n��o �wo imo w san�w rt ip, ��+s' STA. 0+00 TO STA. 11+00 e�r na a ar m e�s SHINGLE CREEK PKWY RECONSTRU110N REYOVE AND R� QIqB AND WT1ER 420D LF. d REPIACE m RflAOVE AND C/�471N0 REPLICE GMB /JID Y10.u0 LF. REPLACE G�IIiB I�IIU� I OIIflER i. .:--�m..�« .�;'�.;'uq' .;�...-W.:,�.,.�p�.,. fi? REPU�CB ..«-«..M........,. ,m,,, CASIINO .....�--^"°a'...«^^ z p Vy '.",44+� t i1� �1Ri.G vr1GC� r1��I1 �d3 I .r. A u, w .w���."-,,•� w.hA w� ..r. "w: II �o� µo II a�ne ua �a �u°� �r+° �oo r 4.. a';� I s ou�r�xce wnE �eo ado� �no I t�n. S. S 4F '�?He�`: 276.00 LF. R E J0.00 LF. �q,� Qll� AND I d n� j '�4. f 6�� REPLACE f9 RdOVE AND DVE AND �te CA411N63 REPIACE faAiB Nq WNB AfD s�w ._.._�.z �rna� a ttm ao+a� uu 31.00 LR 1400 LF. REPLAfE CURB ANO RFRACE f9 7 �T� �1 1 l, RFPLAC£ CB CAS71N0 .,r j f j '��`'i f^�. "'"'^=.",�n,»��� N J a a� a�� T 1 CITY OF I�io�T :iL'S:�&i'111�"34sS�i:'�"" I m�oem oaxciete I BROOKLYN CENTER nuo I I IOIl171 OdIT; IWQOG ll�Ilm IY�W 1mC A�Oflllvl ►d Y6 N0. r�_� ld�r 11a a a� m s�7s I STA. 71+00 TO STA. 20+00 H MEMORANDUM SE TO: Bruce Johnson, City of Brooklyn Center FROM: John M. Gray, PE DATE: May 22, 2006 Freeway Boulevard/65"' Avenue at Humboldt Avenue Items Noted in Field Review on May 17, 2006 1 Handhole 7 lnorthwest euadrantl is missine a handhole for the cover of the handhole.. new handle oncrete co ver should be re laced with a new concrete cover, or a Either the c P ease in accessin the ha ndhole. should be added to the cover for g 2) Renlace old loon detector snlices and snlice kits on l000 detectors in handholes lA, 2. 4, 6, 7, 8, 9, 10, 11, and 13. Splice kits aze of an older style and are recommended to be replaced with a newer State and County approved splice kit to ensure watertight connections of cables in the handholes. However, the loop detectors appear to be operating fine at this time, and this item could be addressed as other loop detector work is completed at the signal system in the future. 3 When comnletine work on Freewa�� Boulevard/65�' Avenue North and Humboldt Avenue, in the future. replace existine saw-cut loon detectors in the roadwa�� with NMC loon detectors. Loop detectors installed in non-metallic conduit (NMC) have wiring better I tected from norcnal roadwa wear -and-teaz and are less susceptible to wire breaks in ro r na y P acks over time. the avement when the pav ement cr P. 4) Have all l000 detector solice kits tied uo near the too of the handhole to kee*� the snlice kits from 1vinQ in standine water or m debns near the bottom of the handhole. In several locations, the loop detector splices or splice kits were laying on the bottom of the handhole. When moisture (from rain) or dirt/debris collects in the handholes the splice can sit in the standing water or debris for extended periods. This can cause the splice to be compromised and shorten the life of the loop detector in the roadway. In PVC handholes, eyelets exist near the top of the handhole for being able to. tie these loop detector splices up. In conerete handholes, a short piece of lathe can be used to stand up and tie up the splices. 5 Renlace nush buttons on all traffic signal ooles with new standard ADA com�liant nush e either in oor sha e, or are quite old and in need of buttons. Push buttons ar p P replacement. Current standard push buttons have a lazger push button for disabled pedestrians to be able to activate more readily (larger red button area), and a newer model is more resista.nt to damage by vandalisrn. It is recommended that all push buttons at this signal system be upgraded to the newer ADA compliant vandal-resistant modeL 6) A mixture of oedestrian instruction si�ns exist on all signal noles (older and newer standard siensl, and all oedestrian instruction signs should be re�laced with newer signs, at this si�nal svstem. Cunently, each signal pole has a metal R10-4c sign (Push Button Shori Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer www.sehinc.com 651.490.2000 800.325.2055 651.490.2150 fax II Freeway Boulevard/65`�' Avenue at Humboldt Avenue Items Noted in Field Review on May 17, 2006 May 22, 2006 Page 2 for Walk Signal) and a sticker R10-3B sign (Meaning of Symbols). The signal systems adjacent at Dupont Avenue and Shingle Creek Parkway only have the R10-3b signs. The R10-4c sign is no longer used where symbol pedestrian indications (Hand/Walking Person) are used. Also, many of the R10-3b signs at this signal system are peeling off the pole. It is recommended that all existing pedestrian instruction signs be removed from i each signal pole, and that new R10-3b sticker signs be fumished and installed to replace them. 7) LED indications exist for the "Red" and "Green" indications fnot "Yellow"). and are of an older make and model. For several of the "Red" and "Green" indications, strands of LEDs have burned out. While much of the LED indication is still visible, the breakdown of LED strands in the indications indicates that the LED indications are older and may need to be replaced in the near future before too many of the strands burn out. It is recommended that the City replace all LED vehicular indications at the intersection with newer tinted LED indications and install LED indications for the "Yellow" indications to reduce maintenance costs for these indications. Note that the pedestrian indications are atso LED "Hand/Walking Person" indications and appear to be in good condition at this time. 8) Overhead si�nals for northbound and southbound left turning traffic are o�ticallv nroerammed sienal heads and are recommended to be replaced with standard LED indications. The optically programmed signal heads allow for these signals to be set up to limit visibility to only oncoming left turning traffic. In general, the optically programmed heads are used where two signal systems are close together and visibility of far signal system heads are desired to be limited. Optically programmed signals are more of a maintenance problem as these require more work by maintenance staff to ensure that these signals are aimed and aligned properly to give oncoming traffic proper visibility. For this intersection, these heads are not required and it is recommended that left turning signals here have optima� visibility to all oncoming traffic. Replacement of these signal heads with standard LED indications will provide for less power costs as well as less ma.intenance costs. d condition 9) The traffic sienal noles and signal indication housinas annear to be m eoo aQe-wise and aaint-wise. but could use some touch uv sandine and renaintine in the near future. Some rust and scratches exist on the signal poles. To provide a uniform look, it is recommended that the City have this signal system repainted in the next few years, with touch-up painting of rusty areas being completed in the near future. 10) The northwest sienal z�ole and mast arm apnear to be leanine downward and need to be, t si�nal mast arm aanears reahened and checked for fo undation c onditions. The southeas to be leanine to the east. Wind may have caused these mast arn�c and poles to be turned or leaning. Ii is recommended that these poles be checked by maintenance staff to ensure proper alignment a�d condition of these items. 11) TrafFic counts and traffic patterns should be reviewed to see whether, �rotected/nermissive left turn oneration can be used for Humboldt Avenue traffic., The rotecfedl ermissive left tum phasing is currently used for eastbound and westbound S P P traffic at this intersection, which atlows for left tums to be completed both on a green arrow and a green ball. To reduce delays to Humboldt Avenue left tuming traffic, it ma.y Freeway Boulevard/65"' Avenue at Humboldt Avenue Items Noted in Field Review on May 17, 2006 May 22, 2006 Page 3 be desirable to consider using this type of left turn phasing for these approaches. However, past accident data and cunent traffic patterns should be reviewed to ensure safe and efficient use of this phasing should it be considered for use. Roger Plum of our office can review this operational consideration as part of his traffic signal timing work at this location and may be able to provide a recommendation to us as to whether this phasing change is doable and acceptable for these approaches. 12) Pedestrian nush buttons on the southeast and southwest sienal �oles (for crossinQ, Humboldt Avenuel are not working and are in need of renairs. These are denoted as push buttons PB8-3 and PB8-4 on the traffic signal plans. 13) To urovide better location and access of �ush buttons and nush button siens, it is recommended that the nush buttons on the southeast sienal nole be relocated from the north and east sides of the oole to the south and west sides of the �ole resnectivelv. Currently, the push buttons and signs on this pole are on the opposite sides of the crosswalks and pedestrian curb ramps at this location. 14} Seal conduits in the base of all si�nal ooles, as well as in the controller cabinet, with duct seal. This will help to prevent animals from entering conduits, signal bases or cabinet and will help to protect wires in each location. 15) Ternunal blocks in each oole base aze older and in need of reolacement. The temunal blocks in each pole base connect wires from the controller cabinet with wires from the signal indications and push buttons. The terminal blocks in each pole base are at least 15 years old and are in need �of upgrading to provide non-rusty and more weatherproof connections for the wiring in each pole base. Also, the temunal blocks are not labeled to assist with maintenance and trouble-shooting of wires in each pole base. It is recommended that these temunal blocks either be removed and replaced with approved wire caps (typical for Hennepin County signal installations), or removed and replaced with new terminal blocks (meeting current State standazds). Permanent labeling needs to be called for both on the ternunal block and on incoming wires to the terminal block to provide more d'uection to maintenance personnel for ease of maintenance. 16) Clean inside of each ma.st arm �ole base, and Qrout/seal around outside of base (between, transformer base and foundationl. Some webs, leaves and debris exist in each base and should be removed. By grouting or using an appropriate foam sealant, the bases can be protected from entrance of debris and small animals. Make sure that a small "weep hole" is left in the sealant to allow for moisture to drain out of the bases after sealing base. 17) Door bolts to the doors of the transformer bases on each mast arm pole are in 000r condition and in need of renlacement. Over time, these bolts become stripped and are not easily opened for maintenance use. The bolt on the door to the northeast and northwest signal poles were stripped such that we were unable to enter these signal bases to review the condition of the pole bases and wiring. 18) Relocate vehicle and oedestrian sienal heads on all sienal ooles from 0/270 degree sides of nole to 90/ 180 deQree sides of oole. This helps to provide better protection for these heads from adjacerit right turning traffic. Freeway Boulevard165�' Avenue at Humboldt Avenue Items Noted in Field Review on May 17, 2006 May 22, 2006 Page 4 19) An ooen can exists on the bottom of the bracketine on the northeast and southeast sienal. poles. This bracketing should be capped to prevent birds, debris and moisture from entering the inside of the traffic signal poles. 20) The traffic sienal controller cabinet is verv old and should be reolaced with a new cabinet. Equipment in the cabinet is probably 20 years old or more and is in need of significant upgrades to meet current operational standards. In addition, the cabinet door is hard to open and move, also showing age. It is recommended that the City replace this cabinet and all intemal cabinet equipment with a new controller cabinet to extend the operation and life of this signal system. 21) The service eouinment for the sienal svstem is verv old and in need of reolacement. Currently, the signal system is serviced by controller cabinet mounted disconnect switch and meter, on the west side of the controller cabinet. It is recommended that the City replace this service equipment with new service equipment and, if possible, replace with a new standard ground mounted service cabinet. This would provide better protection for signal service equipment and would provide a less accessible means for gaining access to the signal service circuit breakers at the intersection (service cabinet would be lockable). A new service cabinet would have a photocell internal to the cabinet structure, allowing for the photocell located on the nearby siren pole to be removed from the intersection (providing a newer photocell with protection from the elements). 22) The si�nal svstem currentiv does not have EVP (Emereencv Vehicle Preemotionl, and it is recommended that this svstem be added as vart of anv future revisions to this si�nal svstem. Given the close proximity of the fue station to this signal system, it is recommended that the City consider adding EVP operation to City owned signal systems in this area. Sight distance for all intersection approaches is good, and no additional advance detection should be needed for this system. Jmg s:1ee\b\broctkomtronWShumboldtmaint.doc 1 SEH MEMORANDUM TO: Bruce Johnson, City of Brooklyn Center FROM: John M. Gray, PE DATE: May 22, 2006 RE: 65�' Avenue North at Du�ont Avenue Items Noted in Field Review on May 17, 2006 1) Wirine for loon detectors D4-2 and D4-3 (stoo bar loons for southbound Dunont Avenuel are either missine loon detector snlice kits or are wired with wire caos onlv. It appears that these loop detectors have been replaced in the recent past, and splicing of wires in the adjacent handhole was completed in a non-standard set-up. Typically, the wires from_ the roadway are spliced to the wires from the controller cabinet in the adjacent handhole by use of a standard State and County approved splice kit. This protects the wires, maintains the integrity of the splice for these wires, and helps to keep these loop detectors operational and protected from moisture and debris. The wires for loop detector D4-3 (in the lane next to the curb) aze uncapped and have been left bare in the handhole (likely meaning that this loop detector is currently not operational). The wires for loop detector D4-2 (in the through lane) are capped with wire caps, which allow for the loop detector to operate but provide minimal protection of these wires from moisture or dirt entering the handhole area. It is recommended that these loop detectors be tested to verify that they are operational, and if so have new standard loop detector splice kits installed to protect the operation and minimize ma.intenance on these loop detectors. 2) Replace old loon detector snlices and snlice kits on loon detectors in handholes 2. 3. 5. 6, 8. 9, 11, and 12. Splice kits are of an older style and are recommended to be replaced with a newer State and County approved splice kit to ensure watertight connections of cables in the handholes. However, most of the loop detectors appear to be operating fine at this time, and this item could be addressed as other loop detector work is completed at the signal system in the future. 3) When comoletine work on 65�' Avenue North and Duoont Avenue in the future. replace existine saw-cut loon detectors in the roadwav with NMC loon detectors. Loop detectors installed in non-metallic conduit (NMC) have wiring better protected from normal roadway wear-and-tear and are less susceptible to wire breaks in the pavement when the pavement cracks over time. 4) Have all loon detector snlice kits tied un near the ton of the handhole to kee� the snlice kits from lvin� in standin� water or in debris near the bottom of the handhole. In several locations, the loop detector splices or splice kits were laying on the bottom of the handhole. When moisture (from rain) or dirt/debris collects in the handholes the splice can sit in the standing water or debris for extended periods. This can cause the splice to be compromised and shorten the life of the loop detector in the roadway. In PVC the to of the handhole for bein abl e to tie these loo i handholes, eyelets exist neaz p g P o e In concrete handholes a short iece of lathe can be used to stand up detect r s lic s u P P P and tie up the splices. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer www.sehinc.com 651.490.2000 800.325.2055 651.490.2150 fax 65�' Avenue North at Dupont Avenue Items Noted in Field Review on May 17, 2006 May 22, 2006 Page 2 5) Renlace nush buttons on all traff'ic si¢nal uoles with new standard ADA comoliant nush buttons. Push buttons are either in poor shape, or are quite old and in need of replacement. Current standard push buttons have a larger push button for disabled pedestrians to be able to activate more readily (larger red button area), and a newer model is more resistant to damage by vandalism. It is recommended that all push buttons at this signal system be upgraded to the newer ADA compliant vandal-resistant model. 6) LED indications exist for the "Red" and "Green" indications fnot "Yellow"1, and are of an older make and model. For several of the "Red" and "Green" indications, strands of LEDs have bumed out. While much of the LED indication is still visible, the breakdown of LED strands in the indications indicates that the LED indications are older and may need to be replaced in the near future before too many of the strands burn out. It is recommended that the City replace all LED vehicular indications at the intersection with newer tinted LED indications and install LED indications for the "Yellow" indications to reduce maintenance costs for these indications. Note that the pedestrian indications are also LED "Hand/Walking Person" indications and appear to be in good condition at this time. 7) The traffic sienal noles and sienal indication housines annear to be in eood condition aee-wise and naint-wise, but could use some touch u� sandine and renaintin� in the near future. Some rust and scratches exist on the signal poles, and in some cases painting of signal heads and bracketing is needed to provide a uniform "brown" paint color for the entire signal system. For example, the 5-section overhead signal for westbound traffic has a yellow housing, while the remainder of the signal heads at the intersection have been painted brown. Some pedestrian signal housings and bracketing also are not brown in color at this Cime. To provide a uniform look, it is recommended that the City have this signal system repainted in the next few years, with touch-up painting of rusty and non-brown areas being completed in the near future. 8) The 5-section overhead sisnal for westbound traffic is missine a backeround shield. This signal head should have a background shield installed to conform with all other overhead signal heads through this area. (Note that four (4) pole mounted signal heads currendy do not have background shields either. If bracketing is changed to side-mount these signal heads (see note below), it is recommended that these signal heads also have background shields insta.11ed to match the remainder of the signal system and provide more visibility of these signal heads.) 9) The visor for the nedestrian sienal on the southeast si¢nal nole (for crossine 65�' Avenue) is bent and needs renairs. 10) The transformer bases for each traffic sienal nole are not erounded with the conduit in each sisnal base. It is current practice to have a grounding wire be installed and connected between the metal conduit in the signal base and the metal transformer base to provide a continuously bonded and grounded signal system. Wires are either missing between these metal surfaces or are not hooked up in the bases. 11) Seal conduits in the base of all sienal noles. as well as in the controller cabinet. with duct seal. This will help to prevent animals from entering conduits, signal bases or cabinet and will help to protect wires in each location. 65`� Avenue North at Dupont Avenue Items Noted in Field Review on May 17, 2006 May 22, 2006 Page 3 12) Terminal blocks in each pole base are older and in need of replacement. The terminal blocks in each pole base connect wires from the controller cabinet with wires from the signal indications and push buttons. The terminal blocks in each pole base are at least 15 years old and are in need of upgrading to provide non-rusty and more weatherproof connections for the wiring in each pole base. Also, the temunal blocks are not labeled to assist with maintenance and trouble-shooting of wires in each pole base. It is recommended that these ternunal blocks either be removed and replaced with approved wire caps (typical for Hennepin County signal installations), or removed and replaced with new ternunal blocks (meeting current State standards). Permanent labeling needs to be called for both on the ternunal block and on incoming wires to the terminal block to provide more direction to maintenance personnel for ease of maintenance. 13) Clean inside of each mast arm �ole base. and eroudseal around outside of base (between, transformer base and foundationl. Some webs, leaves and debris exist in each base and should be removed. By grouting or using an appropriate foam sealant, the bases can be protected from entrance of debris and small animals. Make sure that a small "weep hole" is left in the sealant to allow for moisture to drain out of the bases after sealing base. 14) Door bolts to the doors of the transformer bases on each mast arm pole are in voor condition and in need of reAlacement. Over time, these bolts become stripped and are not easily opened for ma.intenance use. The bolt on the door to the northeast signal pole was stripped such that we were unable to enter this signal base to review the condition of the pole base and wiring. 15) Relocate vehicle and vedestrian sienal heads on northwest, southwest and southeast si�nal noles from 0/270 deeree sides of oole to 90/180 deeree sides of vole. This helps to provide better protection for these heads from adjacent right tuming traffic. Signal indications on the northeast signal pole may want to be considered for this style of mounting also to better protect signal heads, but this pole is not sitting as close to the roadway as are the other signal poles and is thus not as much of an issue. 16) An onen can exists on the bottom of the bracketine on the southeast sienal pole. This bracketing should be capped to prevent birds, debris and moisture from entering the inside of the traffic signal pole. 17) The traffic si�nal controller cabinet is in �oor condition (rustv on west and north sides) 's cabinet to imit of ttu 'net. Due to the close rox y and should be reolaced with a new cabi P the ad'acent roadway, the cabinet has rusted on the road sides of the structure due to J roadwa s ra and salt/sand. It is recommended that this cabinet be replaced with a new I Y Y P cabinet shell, and if possible relocate the cabinet to the northeast corner or along Dupont Avenue on the southeast corner to provide more protection for the cabinet from the el 15 ears old and old a roximat elements. Inside cabinet e ui ment is also quite pp Y Y q P d e ui ment in the neaz future to may need to be apdated with more current standar q p provide ease in maintenance and operation. 18) Replace air filter in door of controller cabinet. and realace li�ht bulb in controller cabinet. I Filter appears to be quite dirty and restricts air flow in cabinet. Light bulb in cabinet is burned out. 65`� Avenue North at Dupont Avenue Items Noted in Field Review on May 17, 2006 May 22, 2006 Page 4 19) The oneration of the traffic sienal sustem should be revised to have eastboundlwestbound and northbound/southbound onerate under "dual entrv" conditions. For exarnple, when a vehicle approaches the signal system on northbound Dupont Avenue (with no traffic currently present on southbound Dupont Avenue), the signal system currently brings up the green for northbound only (leaving southbound red). If a southbound vehicle approaches while northbound has the green at this time, a confusing "trap" situation may occur. Northbound traffic expects the southbound traffic to have a green and waits to complete a conflicting movement (left turn) until southbound traffic goes. But since the southbound traffic is facing a red, they do not proceed. This can make for confusion to area motorists. It is recommended that the City have the controller reprogrammed to have the signal system operate where northbound/southbound greens and eastbound/westbound greens (when no left turn arrow is on) come up green at the same time to eliminate confusion. On the day that I visited the intersection, I found that the controller has been set up with a code to restrict any changes to the programming except by the maintenance staff. While we do not make these changes ourselves without the approval of the governing agency, we checked the controller to see if this change could be made at this time and found that this would have to be done either by the City or County (whomever maintains the operation of this signal system). We recommend that the City contact the appropriate maintenance and operation personnel and consider changing this signal to operate with the dual entry provision. 20) The service eouinment for the sienal svstem is verv rustv and in need of renlacement. Currently, the signal system is serviced by a wood pole mounted disconnect switch and meter, on the southeast corner of the intersection. The disconnect box is very rusty both inside and outside the box. It is recommended that the City replace this service equipment with new service equipment and, if possible, replace with a new standard ground mounted service cabinet. This would provide better protection for signal service equipment and would provide a less accessible means for gaining access to the signal service circuit breakers at the intersection (service cabinet would be lockable). Currently, the disconnect box is accessible to all (the door to the disconnect box is not locked). We do not recommend placing a lock on this box at this time (use a coiled copper wire instead), since this would restrict access to this box by maintenance staff or the power company without access of a key to unlock this box. 21) The sienal svstem currentiv does not have EVP (Emereenc� Vehicle PreemAtion). and it is recommended that this sustem be added as oart of anv future revisions to this sienal svstem. Given the close proximity of the fire station to this signal system, it is recommended that the City consider adding EVP operation to City owned signal systems in this area. Placement of EVP detectors would need to be cazefully considered to provide sufficient time for the fire station to activate the system (either by a fire station mounted push button or by a pedestal pole mounted detector located in front of the driveway to the fire station). Also, sight distance for westbound traffic (due to a curve in the roadway) is limited to approximately 800 feet, and it may be desirable to consider additional advance detection for westbound traffic should this approach be a heavily used approach for emergency vehicles within the City. �mg s:�ae\b\broc[MOmmonWSdupontmein[.doc J�� SEH MEMORANDUM TO: Bruce Johnson, City of Brooklyn Center FROM: John M. Gray, PE DATE: May 22, 2006 RE: Freeway Boulevard at Shingle Creek Parkway Items Noted in Field Review on May 18, 2006 1) Covers for handholes 48 and 58 aze cracked and in need of realacement. Handle for handhole 55 is broken. Handholes 48 and 58 are concrete handholes with concrete covers, and the concrete covers of these handholes aze in poor condition. Handhole 55 has a metal cover, and without a handle to pull this handhole open it is very difficult to access this handhole for maintenance work. 2) Renlace old l000 detector snlices and solice kits on l000 detectors in handholes 49, 50,, 52, 53, 57, 58. 60, 61, and 63. Splice kits are of an older style and are recominended to be replaced with a newer State and County approved splice kit to ensure watertight connections of cables in the handholes. However, these loop detectors appear to be operating fine at this time, and this item could be addressed as other loop detector work is completed at the signal system in the future. 3) When comnleting work on Freewa� Boulevard and Shingle Creek Parkwav in the future, revlace existinQ saw-cut loon detectors in the roadwau with NMC looz� detectors. Loop detectors installed in non-metallic conduit (NMC) have wiring better protected from normal roadway wear-and-teaz and are less susceptible to wire breaks in the pavement when the pavement cracks over time. 4) Have all l000 detector solice kits tied uo near the tov of the handhole to keep the snlice I kits from lvine in standine water or in debris neaz the bottom of the handhole,, In several on the bottom of the locations, the loop detector splices or splice luts were laying handhole. When moisture (from rain) or dirt/debris collects in the handholes the splice can sit in the standing water or debris for extended periods. This can cause the splice to ector in the roadwa In PVC be com romised and shorten the life of the loop det y P handholes, eyelets exist near the top of the handhole for being able to tie these loop detector splices up. In concrete handholes, a short piece of lathe can be used to stand up and tie up the splices. 5) Renlace nush buttons on all traffic sienal �oles with new standard ADA compliant nush buttons. Push buttons are either in poor shape, or are quite old and in need of replacement. Current standard push buttons have a larger push button for disabled pedestrians to be able to activate more readily (larger red button area), and a newer model is more resistant to damage by vandalism. It is recommended that all push buttons at this signal system be upgraded to the newer ADA cornpliant vandal-resistant model. Short Eiliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity empioyer www.sehinc.com 651.490.2000 800.325.2055 65i.490.2150 fax Freeway Boulevard at Shingle Creek Parkway Items Noted in Field Review on May 18, 2006 May 22, 2006 Page 2 6) LED indications exist for the "Red" and "Green" indications (not "Yellow"), and are of an older make and model. For several of the "Red" and "Green" indications, strands of LEDs have burned out. While much of the LED indication is still visible, the breakdown of LED strands in the indications indicates that the LED indications are older and may need to be replaced in the near future before too many of the strands burn out. It is recommended that the City replace all LED vehicular indications at the intersection with newer tinted LED indications and install LED indications for the "Yellow" indications to reduce maintenance costs for these indications. Note that the pedestrian indications are also LED "Hand/Walking Person" indications and appear to be in good condition at this time. 7) The traffic si�nal noles and sienal indication housinQS annear to be in eood condition ase-wise and naint-wise. but could use some touch un sandine and renaintine in the near future. Some rust and scratches exist on the signal poles. Some pedestrian signal housings and bracketing also are not brown in color at this time. To provide a uniform look, it is recommended that the City have this signal system repainted in the next few years, with touch-up painting of rusty and non-brown areas being completed in the near future. 8) Several siQnal heads at this intersection are either in need of leveline or reaimin�. The overhead signals on the northeast mast arm need to be leveled and plumbed, while the pole mounted signal for northbound traffic needs to be turned to the left to better align with oncoming traffic. The mast arm for the northwest signal pole appears to be turned east slightly and is in need of realignment. The 5-section overhead signal on the southeast mast arm is in need of being leveled and plumbed, while the two pole mounted signals on this pole also require reaiming to better face oncoming traffic. 9) The visor for the nedestrian signal on the northwest sienal nole (for crossine Freewav Boulevardl is missine. The visors for nedestrian sienals on the southeast sienal nole are either broken or loose and are in need of renairs or realacement. 10) The "No Left Turn on Red Arrow" overhead mast arm mounted siens for northbound and southbound traff'ic should be removed from the mast arms facine these an�roaches. These signs are no longer standard and aze no longer used for protected left turn operation. 11) Seal conduits in the base of all sienal noles, as well as in the controller cabinet, with duct seal. This will help to prevent animals from entering conduits, signal bases or cabinet and will help to protect wires in each location. 12) Terminal blocks in each nole base are older and in need of renlacement. The terminal blocks in each pole base connect wires from the controller cabinet with wires from the signal indications and push buttons. The terminal blocks in each pole base are at least 15 years old and are in need of upgrading to provide non-rusty and more weatherproof connections for the wiring in each pole base. Also, the terminal blocks aze not labeled to assist with maintenance and trouble-shooting of wires in each pole base. It is recommended that these ternunal blocks either be removed and replaced with approved wire caps (typical for Hennepin County signal installations), or removed and replaced with new terminal blocks (meeting current State standards). Permanent labeling needs to Freeway Boulevard at Shingle Creek Parkway Items Noted in Field Review on May 18, 2006 May 22, 2006 Page 3 be called for both on the temunal block and on incoming wires to the terminal block to provide more direction to maintenance personnel for ease of maintenance. 13) Clean inside of each mast arm oole base, and eroudseal around outside of base (between, transformer base and foundationl. Some webs, leaves and debris exist in each base and should be removea. By grouting or using an appropriate foam sealant, the bases can be protected from entrance of debris and small animaIs. Make sure that a small "weep hole" is left in the sealant to allow for moisture to drain out of the bases after sealing base. 14) Door bolts to the doors of the transformer bases on each mast arm pole are in noor condition and in need of reolacement. Over time, these bolts become stripped and are not easily opened for maintenance use. 15) Pedestrian nush buttons on the northeast and northwest si�nal poles (for crossin� Shin�le Creek Parkwav) are not workin� and are in need of reoairs. These are denoted as push buttons PB4-1 and PB4-2 on the traffic signal plans. 16) Relocate vehicle and oedestrian signal heads on northeast, northwest and southwest. sienal noles from 0/270 deeree sides of nole to 90/180 deeree sides of nole. This helps to provide better protection for these heads from adjacent right turning traffic. 17) When nush buttons for crossin� the east lee of Freewav Boulevard are activated, the nedestrian indications on the northeast and southeast sienal noles show both the "Hand" and "Walkine Person" at the same time. and no flashine "Don't Walk" is shown. This sends a confusing message to pedestrians and needs to be repaired as soon as possible. 18) The traffic sienal controller cabinet is verv old and should be revlaced with a new cabinet. Equipment in the cabinet is probably 20 years old or more and is in need of significant upgrades to meet current operational standards. It is recommended that the City replace this cabinet and all internal cabinet equipment with a new controller cabinet to extend the operation and life of this signal system. 19) Renlace air filter in door of controller cabinet, and reolace lieht bulb in controller cabinet. Filter appears to be quite dirty and restricts air flow in cabinet. Light bulb in cabinet is burned out. I 20) Traffic counts and traffic Aatterns should be reviewed to see whether nrotected/nernussive left turn ooeration can be used for Shinsle Creek Parkwav traffic. The protected/permissive left turn phasing is currently used for eastbound and westbound traffic at this intersection, which allows for left turns to be completed both on a green arrow and a green ball. To reduce delays to Shingle Creek Parkway left turning traffic, it may be desirable to consider using this type of left turn phasing for these approaches. However, past accident data and current traffic pattems should be reviewed to ensure safe and efficient use of this phasing should it be considered for use. Roger Plum of our office can review this operational consideration as part of his traffic signal timing work at this location and may be able to provide a recommendation to us as to whether this phasing change is doable and acceptable for these approaches. Freeway Boulevard at Shingle Creek Parkway Items Noted in Field Review on May 18, 2006 May 22, 2006 Page 4 21) While old, the service eouiAment for this sisnal svstem aonears to be oneratine nronerlv. It may be desirable to consider upgrading this equipment to a newer standard stand-along service cabinet (instead of a pad mounted meter and disconnect cabinet). However, the current service cabinet at this location operates both this signal system and the signal system for the Interstate 94 North Ramps signals system, as well as for street lighting in the area. It may be costly and difficult to replace this cabinet with separate cabinets for all system or to provide a newer cabinet to operate all these systems. We recommend leaving this service equipment inplace, but having the cabinet better labeled in the disconnect box to provide more clear direction as to what each circuit breaker corresponds to for each system. 22) The si�nal svstem currentiv does not have EVP (Emereencv Vehicle Preemntionl, and it is recommended that this svstem be added as nart of anv future revisions to this sisnal svstem. Given the close proximity of the police and fue stations to this signal system, it is recommended that the City consider adding EVP operation to City owned signal systems in this area, Also, sight distance for a11 four approaches is Iimited either due to curves in the roadway (southbound, eastbound and westbound) or due to elevation issues (northbound, due to the bridge). Additional advance detection for all intersection approaches needs to be carefully considered to provide optimal sight distance to all intersection detectors. S:�ee�bb�nrocc�...........:,lreesn;ng�emaincduc Appendix B r Feasibility Report Freeway Blvd and Shingle Creek Pkwy CITI� QF:BROQKLYN:CEN:fER:PR�P'05ED PENDfNG:PrSSESSMENI ROLL March:1 2007 FREE1Ni4Y:SOUIEVARD:B� SWIN:GLE:EftEEF� PARKWAY IMPRQVEM€i�kT:PROJECT:�OQ7:04: TERM;:EQ:UAL:INSTAI:LMENTS:EXTEMDI(�G OVER:A:PERIOQ:OF:FEN:(:9:0� 1FEARS::�;; PRQP�I�TY.ID �qDt2�SS.. L�VY#.. �TI���T.... PID: 3511921130006 �2101 FREEWAY BLVD 16815 $17,273.07 PID: 3511921130012 12200 FREEWAY BLVD 16815 $27,385.03 PID: 3511921130019 �2100 FREEWAY BLVD 16815 $8,869.30 PID: 3511921130021 �2050 FREEWAY BLVD 16815 $10,255.92 PID: 3511921130022 �2000 FREEWAY BLVD 16815 $13,607.63 PID: 3511921140008 1800 FREEWAY BLVD 16815 I $37,793.51 PID: 3511921140009 6511 HUMBOLDT AVE N I 16815 I $2,628.53 PID: 3511921140010 �6501 HUMBOLDT AVE N 16815 $3,406.28 PID: 3511921140016 1700 FREEWAY BLVD 16815 $15,635.39 PID: 3511921140017 1600 FREEWAY BLVD 16815 I $17,716.16 PID: 3511921410003 1501 FREEWAY BLVD 16815 $44,111.26 PID: 3511921410008 �6440 JAMES CIR N I 16815 I $30,857.49 PID: 3511921410014 1601 FREEWAY BLVD 16815 $8,177.29 PID: 3511921410015 �1600 JAMES CIR N I 16815 I $8,692.29 PID: 3511921410018 1601 JAMES CIR N I 16815 I $15,228.24 PID: 3511921410019 11501 JAMES CIR N I 16815 I $21,143.29 PID: 3511921420006 �6445 JAMES CIR N I 16815 I $18,974.79 P1D: 3511921420010 1701 JAMES CIR N I 16815 I $9,943.42 PID: 3511921420011 �6415 JAMES CIR N I 16815 $11,465.27 PID: 3511921420012 �6405 JAMES CIR N I 16815 I $7,613.00 PID: 3611921230001 �6500 HUMBOLDT AVE N I 16815 I $30,663.37 PID: 3611921240012 (6535 BRYANT AVE N I 16815 l $3,200.00 PID: 3611921240037 �6500 DUPONT AVE N I 16815 I $3,200.00 PID: 3611921240046 �6507 CAMDEN AVE N 16815 $2,031.20 PID: 3611921240047 I700 66TH AVE N 16815 $4,729.41 PID: 3611921310045 �6305 CAMDEN AVE N 16815 $37,148.88 PID: 3611921320082 �1101 65TH AVE N 16815 $11,625.98 Subtotal Freeway Boulevard $423,376.00 PID: 3611921310020 �6449 BRYANT AVE N 16815 $3,200.00 PID: 3611921310026 �6442 COLFAX AVE N I 16895 $3,200.00 PID: 3611921310032 �1001 65TH AVE N 16815 I $3,200.00 PID: 3611921310041 11007 65TH AVE N 16815 $3,200.00 PID: 3611921320032 �1301 65TH AVE N 16815 $3,200.00 PID: 3611921320038 1307 65TH AVE N I 16815 $3,200.00 PID: 3611921320039 �6443 GIRARD AVE N I 16815 I $3,200.00 PID: 3611921320045 �6440 HUMBOLDT AVE N I 16815 I $3,200.00 PID: 3611921320083 �6443 EMERSON AVE N I 16815 $3,200.00 PID: 3611921320090 1207 65TH AVE N I 16815 I $3,200.00 Subtotal R1 Freeway Blvd. Corner Properties -to be determined $32,000.00 SHINGLE CREEK PARKWAY PID: 0211821210001 15910 SHINGLE CREEK PKWY 16815 $34,928.31 PID:0211821240020 �5900 SHINGLE CREEK PKWY I 16815 I $49,404.45 PID:0211821240019 �2500 COUNTY RD 10 I 16815 I $18,222.24 Subtotal Shingle Creek Parkway $102,555.00 Total Project Assessments $557,931.00 Appendix C Feasibility Report Freeway Blvd and Shingle Creek Pkwy Sumrt�� of Resident Survey FREEWAY BOULEVARD Address Sanitary Storm Water Sprinkler Comments/ Concerns S,ystem 708 66th Ave N Yes, once or twice a year Flooding in Parking Lot due to No No None line plugs. City's request to cap off drain. 2100 Freeway Blvd. INo INo �No IYes IN/A 6443 Girard Ave INo INo INo INo �None 2500 Co. Rd. 10 INo INo INo INo INone I I I I I I I I I I I I I I I NA No Answer 12-Jan-07 I 1 /12/2007 suRVEy 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 January 5, 2007. You may also contact us at 763-569-3340 to discuss these issues. Thank you for your cooperation. 1. 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. Do you have a problem with drainage or flooding in the street, your yard, your basement? 3. Do you experience problems relating to the water distribution system such as water pressure, taste, odor, or color? SEE BACK OF THIS PAGE 4. Do you have a lawn irrigation (or sprinkler) system located within your property? Please circle one Yes No 5. What other concerns do you have? t I Should you have questions or need more information, please contact the engineering division a 763-569-3340. Your name: Address: Please return by January 5, 2007 to: Engineering Division City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 FAX 763-561-0955 I j City of Brooklyn Center A Millennium Community December 21, 2006 «PID» «OWNER_1» «OWNER 2» OWNER ADDRESS» «CITYSTATEZIP» Dear Property Owner: In 2007, the City of Brooklyn Center will be entering the 14 year of its long-range street and utility rehabilitation program. The City is currently in the process of completing an engineering study to deterznine the feasibility of street improvements along portions of Freeway Boulevard, 65 Avenue North and Shingle Creek Parkway. Enclosed is a map showing the location of the specific segments of streets being considered for improvements in 2007. Our records indicate that you are the owner of property adjacent to the streets highlighted on the map. You are invited to an informational meeting regarding the proposed street improvements at the time and location noted below. If you are unable to attend this meeting and wish to discuss the project with City staff, please contact the Engineering Division at 763-569-3340. Thursday, January 11, 2007, 4:00 p.m. In the Council Chambers Upper level of Brooklyn Center City Hall At 6301 Shingle Creek Parkway Based on public input and data collected during the engineering study, the City will prepare preliminary design plans for the project. We anticipate that the preliminary plans will be presented to the City Council in late January or early February 2007. The City Council would then conduct a formal public hearing to take public comment and decide if the project should proceed to construction. Street improvements are typically funded in part by special assessments. The City's 2007 special assessment rate for street improvements is $3,200 per R1 single family residential property. However, your lot is considered a comer lot. The City's Special Assessment Policy states that corner lot owners may choose to receive an assessment at the time that either frontage is reconstructed by the City. If the proposed street project is approved, you may choose to have a street assessment levied with the 2007 project or at which time that «PROPERTY_ADDRESS» Avenue is reconstructed in the future. «PROPERTY ADDRESS»Avenue is not scheduled for reconstruction within the next five years. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hdll TDD Number (763) 569-3300 FAX (763) 569-3434 I FAX (763) 569-3494 www. ci tyo fbrooklyncenter. org Where substantial new drainage improvements occur, the City's policy is to assess benefiting property owners a portion of that cost as well. However, at this time, we do not anticipate any substantial drainage improvements to the proposed streets, other than some minor replacements and/or adjustments to the existing storm sewer system. Costs incurred to repair sanitary sewer and water facilities would be paid for by available utility funds, and would not be assessed to property owners. Again, more detailed information regazding assessments and the proposed improvement work will be provided to you at the public informational meeting. In order to have an accurate and comprehensive assessment of the project rieeds, we also request your input at this time. Included with this letter is a survey that should only take a few minutes to complete. This will help us better understand not only the physical problems, but the other types of improvements you would like to see near your property. Please return this survey to the City of Brooklyn Center Engineering Division by January 5, 2007. 'ons or comments lease don't hesitate to contact the Engineering Division at I ou have an uesti p f Y Yq 763-569-3340. Your input and comments are greatly appreciated. Sincerely, Todd A. Blomstrom, P.E. Director of Public Works/City Engineer Enclosure cc: Mayor Kragness and City Council Memhers Curt Boganey, City Manager City of Brooklyn Center A Millennium Community December 21, 2006 NOTICE OF PROPOSED STREET PROJECT Dear Property Owner: In 2007, the City of Brooklyn Center will be entering the 14 year of its long-range street and utility rehabilitation program. The City is currently in the process of completing an engineering study to determine the feasibility of street improvements along portions of Freeway Boulevard, 65 Avenue North and Shingle Creek Parkway. Enclosed is a map showing the location of the specific area of streets being considered for improvements in 2007. Our records indicate that you are the owner of property adjacent to the streets highlighted on the map. You are invited to an informational meeting regarding the proposed street improvement at the time and location noted below. If you are unable to attend this meeting and wish to discuss the project with City staff, please contact the Engineering Division at 763-569-3340. Thursday, January 11, 2007, 4:00 p.m. In the Council Chambers Upper level of Brooklyn Center City Hall At 6301 Shingle Creek Parkway Based on public input and data collected during the engineering study, the City will prepare preliminary design plans for the project. We anticipate that the preliminary plans will be presented to the City Council in late January or early February. The City Council would then conduct a formal public hearing to take public comment and decide if the project should proceed to construction. If an improvement project is approved for this street, it would be funded in part by special assessments. The City's policy for commercial and industrial zoned properties is that 70 percent of the cost of street improvements is assessed to the property owners, and 30 percent is paid for with general city funds. The amount is typically based upon a combination of actual front square footage (property length along the street times a depth of 200 feet), and a total square footage of the property. These square footages are then multiplied by a unit cost rate. The City will provide you with the estimated street assessment amount prior to the informational meeting. Where substantial new drainage improvements occur, the City's policy is to assess benefiting property owners a portion of that cost as well. However, at this time, we do not anticipate any substantial drainage improvements to the proposed streets, other than some replacements andlor adjustments to the existing storm sewer system. Costs incuned to repair sanitary sewer and water facilities would be paid 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 for by available utility funds, and would not be assessed to property owners. Again, more detailed and specific numbers regarding assessments and the proposed improvement work will be provided to you at the public informational meeting. In order to have an accurate and comprehensive assessment of the project needs, we also request your input at this time. Included with this letter is a survey that should only take a few minutes to complete. This will help us better u.nderstand not only the physical problems, but the other types of unprovements you would like to see near your property. Please return this survey by January 5, 2007. If you have any questions or comments, please don't hesitate to contact the Engineering Division at 763-569-3340. Your input and comments are greatly appreciated. Sincerely, Todd A. Blomstrom, P.E. Director of Public Works/City Engineer Enclosures cc: Ma or Kra ess and Ci Council Members Y tY Michael McCauley, City Manager city or BROOSLYN CENTER MEETING RECORD DATE: January 15, 2007 TO: Project File 2007-01 FROM: Todd Blomstrom, Director of Public Works SUBJECT: Public Informational Meeting Staff Attendance: Todd Blomstrom, Director of Public Works City Engineer Bruce Johnson, Engineering Tech Supervisor Tom Leonhardt, Engineering Technician Resident Property Owner Attendance: Representatives from the following properties attending the meeting: 6443 Girard Avenue North 1600 James Circle North 6415 James Circle North Meeting Discussion Topics: Project Scope Project Schedule Proposed Project Funding and Special Assessments Proposed Special Assessment Amounts and Payment Schedule City Council Agenda Item No. l l c City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 16, 2007 TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works �A� SUBJECT: Resolution Declaring Cost to be Assessed and Calling for a Public Hearing on Proposed Special Assessments for Improvement Project No. 2007-01, Freeway Boulevard and Shingle Creek Parkway Street Improvements Assuming the City Council has accepted the Engineer's Feasibility Report for the Freeway Boulevard and Shingle Creek Parkway Improvements, it is recommended that the City Council also call for a public 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 project and calls for a public hearing on the proposed special assessments on February 26, 2007 immediately fQllowing the improvement hearing. It is the staff's recommendation that the Council consider holding the special assessment hearing 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 known 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 of the final cost they will pay. Special assessments for this project have been calculated in accordance with the City's Special Assessment Policy. The total special assessments for the project are estimated to be $557,931 for street improvements. However, this estimated special assessment amount includes 10 single family residential properties along 65 Avenue North that are all corner properties. Owners of corner properties may choose to accept the special assessment with the current proposed project, or choose to receive a street assessment when adjacent streets are reconstructed in the future. Staff will be contacting the owners of single family residential properties adjacent to the project to further discuss this issue prior to the proposed special assessment hearing on February 26, 2007. 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 No. 2007-01, Freeway Boulevard and Shingle Creek Parkway Street Improvements. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430-2199 (763) 569-3400 1 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 DECLARING COST TO BE ASSESSED .AND CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 2007-01, FREEWAY BOULEVARD AND SHINGLE CREEK PARKWAY STREET IMPROVEMENTS WHEREAS, the Brooklyn Center City Council has accepted the Engineer's Feasibility Report for Improvement Proj ect No. 2007-01, Freeway Boulevard and Shingle Creek Parkway Street Improvements; and WHEREAS, said improvement project includes street improvements along portions of Freeway Boulevard, 65 Avenue North, Shingle Creek Parkway and James Circle North as further described in the Engineer's Feasibility Report titled: Freeway Boulevard and Shingle Creek Parkway Street and Utility Improvements; and WHEREAS, the total cost of the street impro�ement portion of said proj ect is estimated to be $1,681,500.00; and WHEREAS, the City Clerk has prepared a proposed assessment roll showing the proposed 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 Center, Minnesota that: 1. That portion of the cost to be assessed against benefited property owners for the street improvements included in the Freeway Boulevard and Shingle Creek Parkway Irnprovement Project is declared to be $557,931.00. 2. A hearing shall be held on the 26 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 opportunity to be heard with reference to such assessment. 3. The City Clerk is directed to cause a notice of the hearing on the proposed assessment 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 to be given to the owner of each paxcel 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 same: whereupon said resolution was declared duly passed and adopted. :�ITY OF.BR�30KkYN �ENTER RRQPtySEa PEN1)tNG ASSES�uMEN.T ROLi: Ntar�h 1, Z007 FREEi1VAY BDULEV�1i�D SHINGLE CREEK PARKWAY IMPROVEMENT PRflJECT 2D07»D1 TERM: EQIJA�. IMS7ALl.M�NTS E�fTENUING UVER A PERt�D OF TEN �10) YEi4RS �'��P��'�'Y.�3 /�t�l��'��� �.�'�'i�#.,. ,�',��'I��"t'....._._ PID: 3511921130006 12101 FREEWAY BLVD I 16815 $17,273.07 PID: 3511921130012 12200 FREEWAY BLVD I 16815 I $27,385.03 PID: 3511921130019 12100 FREEWAY BLVD I 16815 I $8,869.30 PID: 3511921130021 12050 FREEWAY BLVD 1 16815 I $10,255.92 PID: 3511921130022 12000 FREEWAY BLVD I 16815 I $13,607.63 PID: 3511921140008 11800 FREEWAY BLVD I 16815 I $37,793.51 PID: 3511921140009 16511 HUMBOLDT AVE N I 16815 I $2,628.53 PID: 3511921140010 16501 HUMBOLDT AVE N I 16815 I $3,406.28 PID: 3511921140016 1700 FREEWAY BLVD I 16815 I $15,635.39 PID: 3511921140017 1600 FREEWAY BLVD I 16815 $17,716.16 PID: 3511921410003 1150'1 FREEWAY BLVD I 16815 $44,111.26 PID: 3511921410008 16440 JAMES CIR N I 16815 $30,857.49 PID: 3511921410014 11601 FREEWAY BLVD I 16815 I $8,177.29 PID: 3511921410015 11600 JAMES CIR N I 16815 I $8,692.29 PID: 3511921410018 11601 JAMES CIR N I 16815 I $15,228.24 PID: 3511921410019 11501 JAMES CIR N I 16815 I $21,143.29 PID: 3511921420006 16445 JAMES CIR N I 16815 I $18,974.79 PID: 3511921420010 11701 JAMES CIR N I 16815 I $9,943.42 PID: 3511921420011 16415 JAMES CIR N I 16815 I $11,465.27 PID: 3511921420012 16405 JAMES CIR N I 16815 I $7,613.00 PID: 3611921230001 16500 HUMBOLDT AVE N I 16815 I $30,663.37 PID: 3611921240012 16535 BRYANT AVE N I 16815 I $3,200.00 PID: 3611921240037 16500 DUPONT AVE N I 16815 I $3,200.00 PID: 3611921240046 16507 CAMDEN AVE N I 16815 $2,031.20 PID: 3611921240047 1700 66TH AVE N I 16815 I $4,729.41 S PID: 3611921310045 16305 CAMDEN AVE N 16815 I $37,148.88 PID: 3611921320082 11101 65TH AVE N I 16815 I $11,625.98 Subtotal Freeway Boulevard $423,376.00 I PID: 3611921310020 16449 BRYANT AVE N I 16815 I $3,200.00 PID: 3611921310026 16442 COLFAX AVE N I 16815 I $3,200.00 PID: 3611921310032 11001 65TH AVE N I 16815 $3,200.00 PID: 3611921310041 (1007 65TH AVE N I 16815 I $3,200.00 PID: 3611921320032 I1301 65TH AVE N I 16815 I $3,200.00 PID: 3611921320038 11307 65TH AVE N I 16815 I $3,200.00 PID: 3611921320039 16443 GIRARD AVE N 16815 I $3,200.00 PID: 3611921320045 16440 HUMBOLDT AVE N I 16815 I $3,200.00 PID: 3611921320083 16443 EMERSON AVE N I 16815 I $3,200.00 PID: 3611921320090 11207 65TH AVE N I 16815 I $3,200.00 Subtotal R1 Freeway Blvd. Corner Properties -to be determined $32,000.00 SHINGLE CREEK PARKWAY PID: 0211821210001 15910 SHINGLE CREEK PKWY I 16815 $34,928.31 PID:0211821240020 15900 SHINGLE CREEK PKWY 16815 $49,404.45 PID:0211821240019 12500 COUNTY RD 10 I 16815 I $18,222.24 Subtotal Shingle Creek ParkwaV $102,555.00 I I Total Project Assessments $557,931.00 City Council Agenda Item No.1ld City of Brooklyn Center A Millennium Community MEMORANDUM DATE: January 16, 2007 TO: Curt Boganey, City Manager FROM: Todd Blomstrom, Director of Public Works T13� SUBJECT: Resolution Authorizing a Professional Services Agreement for Storm Water Quality Treatment Design Services, Riverwood Area Neighborhood Improvements and Freeway Boulevard Improvements On January 8, 2007, the City Council accepted a feasibility report for the Riverwood Area Neighborhood Street and Utility Improvements. The feasibility report outlined the proposed use of alternative methods for treating storm water runoff generated from the neighborhood prior to discharging into the Mississippi River. The alternative treatment methods identified in the report included the use of rain gardens and underground treatment structures. If approved by the City Council, the Riverwood Area Neighborhood project would be the first public improvement project within the City of Brooklyn Center to implement the use of rain gardens as a practice to treat residential storm water runoff. Many communities are beginning to use rain gardens as a storm water management method, specifically in areas where open space limitations prevent the construction of storm water management ponds. Staff is recommending that the City use a professional engineering consultant with experience in the design and installation of rain gardens to assist City staff with the first year of this program. City staff recently completed a feasibility study for street and utility improvements along Freeway Boulevard and Shingle Creek Parkway. Storm water runoff from the Freeway Boulevard/65 Avenue portion of the project is also conveyed directly to the Nlississippi River without water quality treatment measures. Technical assistance from an engineering consultant is necessary to assist m the design_ of an underground treatment structure for this project. Attached for your review is a professional services agreement with WSB Associates to provide assistance with the implementation of rain gardens within the Riverwood Area Neighborhood. The proposal also includes services to assist the City with identifying the appropriate type and locations for underground stormwater treatment structures to address water quality issues for both the Riverwood Area Neighborhood as well as the Freeway Boulevard Improvement Project. 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 WSB ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the day of 20 by and between the City of Brooklyn Center, hereinafter referred to as City, and WSB Associates, Inc., hereinafter refened to as Engineer, with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416. Witnesseth, that the City and Engineer, for the consideration herein named, agree as follows: SECTION 1/ GENERAL CONTRACT SECTION 6/ EXHIBITS PROVISIONS The following initialed Exhibits are attached to and These provisions shall be as set forth in Exhibit A. made a part of this Agreement: SECTION 2/ SCOPE OF WORK Exhibit A General Contract Provisions The scope of work to be performed by Engineer is set forth in E�chibit C. The work and services to be Eachibit B Definitions performed hereunder and described in Exhibit C shall ExY►ibit C Scope of Work be referred to herein and in the General Contract E�ibit D Compensation Provisions as the Project. E�ibit E Insurance Schedule SECTION 3/ COMPENSATION Exhibit F Fee Schedule Compensation to Engineer for services described in this agreement shall be as designated in the attached SECTION 7/ ACCEPTANCE OF AGREEMENT Exhibit D and as hereinafter described. All work and services described in this agreement shall be performed by Engineer only after written acceptance of the City. The undersigned hereby accept the terms and conditions of this agreement and Engineer is hereby authorized to perform the services described herein. CITY: BROOKLYN CENTER WSB ASSOCIATES, INC. ADDRESS: 6301 SHINGLE CREEK PARKWAY ADDRESS: 701 XENIA AVENUE SOUTH BROOKLYN CENTER, MN 55430 SUITE 300 MINNEAPOLIS, MN 55416 BY: BY: c /�Cr �brY7e� SIGNATURE: SIGNATURE: TITLE: TITLE: c���'� BY: BY: r C'�,.�� 1 �'z V SIGNATURE: SIGNATLf��I��� S� C TITLE: TITLE: �I1 1� Professional Services Ab eement Page 1 of t PP.LEITERPROP05.4LSBrookl}nCnntt:PSAdoc WSB ASSOCIATES, INC. EXHIBIT A GENERA.L CONTRACT PROVISIONS AR'j'ICLE 1- GENERAL As to superseding effect, the attached exhibits shall govern over these These genecal contract provisions are incorporated in and become a general provisions, and the supplemental agreement, where applicable, part of the Agceement to which it is attached between WSB 6t shall govem over attached exhibits and these general provisions. Associates, Inc., hereinafter referred to as Engineer, and the other party to the Agreement, Ciry of Brooklyn Center, hereinafter refetred to as The A constitutes the entire understanding between the City, wherein the City engages the Engineer to provide certain services Engineer and City. The Agreement supersedes all prior written or oral more parNcu[arly described in Exhibit C, Swpe of Work. Either party understanding and may only be amended, supplemented, modified or tnay be hereinafter referred to as pazty or, collecuvely, parties. The cancelled by a duly executed written instrument. starNng date will commence when authorited by the City. ARTICLE 6 RESPONSIBILITIES ARTTCLE Z- CHANGED CONDIT[ONS A. In order to pernut the Engineer to perform the services required If the Engineet detetmines that any services i[ has been directed or under this Agreement, the City shall, in proper dme and sequence and tequested to perform aze beyond the scope as set forth in Exhibit C or where appropriate to the Project, at no e�cpense to the Engineer: that, due to changed conditions or changes in the method or manner of administration of the Project, the Engineer's effort required to perform 1. Provide available information as to irs requirements for the its services under this Agreement exceeds the estimate which formed Project the basis for the Engineer's compensation, Engineer shall promptly 2. Guarantee access to and make all provisions for the Engineer to notify the City of Brooklyn Center that fact. Additional work and enter upon public and private lands to enable the Engineer to additional compensation for such work, and the eactension of time for perEorm its work under this Agceemenu compleNon thereof, shall be set forth in a supplemental a 3. Provide such legal, accounting and insurance counseling services entered into by the parties prior to proceeding with any addiaonal work as may be required for this Project, (such as review of insurance or related expenditures. Such supplemental agreement shall be cerNficates, bonding clari�cadons and legal questions regarding incorporated in and become a part of this Agteement. In absence of property acquisition or assessment). said supplemental a amounts of compensallon and dme for 4. NoNfy the Engineer whenever the City observes or otherwise completion shall be equitably adjusted. becomes aware of any defect in the Project. 5. The Brooklyn Center City Council or a person or persons ARTICLE 3- TERMINATION designated, shall act as City's representative with respect to the This Agreement may be temunated by either party upon thirty days' services to be rendered under this Agreement. The City's written nodce without cause. In the event of temunation, copies of representadve shall have the authority to transmit and receive plans, reports, specificallons, electronic drawing/data files (CADD), instructions and informadon and to interpret and define the City's field data, notes, and other documents whether written, printed or policies with respect to services rendered by the Engineer. recorded on any medium whatscever, finished or unfinished, prepared 6. Fumish data (and professional interpretations thereofl prepared by by the Engineer pursuant to this Agreement and pertaining to the work or services performed by others, including where applicable, but or to the Project, (hereinafter "Instruments of Service"), shall be made not limited to, previous reports, core borings, pmbings and sub- available to the City pursuant to Article 4. All provisions of this surface explorarions, hydrogcaphic and hydrogeologic surveys, Agreement allocadng responsibility or liability between the City and laboratory tests and inspecdon of samples, materials and Engineer shall survive the completion of the services hereundet and/or equipment; appropriate professional interpretations of the the termination of this AgreemenG foregoing data; environmental assessment and'unpact statements; property, boundaty, easement, right-of-way, topographic and ARTICLE 4- REUSE AND DISPOSITiON OF INSTRUMENTS OF utility surveys; property descripdon; zoning, deed and other land SERVICE use res[rictions; and other special data. During the course of the work, the Engineer (shall, if requested,) make 7. Review all reports, sketches, drawings, specifications and other available to the City copy(ies) of the Instruments of Service. At the documents prepared and presented by the Engineer, obtain advice time of comp[euon or terminadon of the work, the Engineer may make of legal, accounung and insurance counselors or others as City available to the City upon (i) paytnent of amounts due and owing for deems necessary for such examinations and render in writing work performed and expenses incurred to the date and time of decisions pertaining thereto within reasonable times so as not to termination, and (ii) fulfillment of the City's obligadon under this delay the perfortnance by the Engineer of the services to be Agreement. Any use or re-use of such Instruments of Service by the rendered pursuant to this A�._:....ent. City or others without written verification or adaption by the Engitteer 8. Where appropriate, endeavor to identify, remove and/or except for the specific purpwe intended will be at the Ciry's risk and encapsulate asbestos products or materials or pollutants located in full legal responsibility. the project area prior to accomplishment by the Engineer of any work on the ProjecG The City agrees, to the fullest extent permitted by law, to indemnify 9. Provide record dtawings and speciFications for all exisdng physical and hold the Engineer harmless ftom any claim, liability or cost plants of facilities which aze pertinent to the Project. (including reasonable attomeys' fees, and defense wsts) arising or 10. Where available provide other services, materials, or data as may allegedly arising out of any unauthorized reuse or modification of these be set forth. Instruments of Service by the City or any person or entity that acquires 11. Bear all costs incidental to compliance with the requirements of or obtains the reports, plans and specifications from or through the this article. City without the written authorization of the Engineer. Under no 12. Provide the foregoing in a manner su�ciently timely so as not to circumstances shall transfer of Instruments of Service be deemed a sale delay the performance by the Engineer of the services in by Engineer, and Engineer makes no warranties, either expressed or accordance with the Contract Documents. implied, of inerchantability and fimess for any pazNculaz purpose. B. Engineer shall be entided ro rely on the accutacy and completeness ARTTCLE 5- AGREEMENT of informadon or services furnished by the City or others employed by As used herein Agreement means: the City. Engineer shall endeavor to verify the informadon provided (1) The agreement for engineering, sucveying and planning and shall promptly notify the City if the Engineer discovers that any services; information or services fumished by the City is in error or is (2) These genetal contract provisions; inadequate for its purpose. (3) The attached exhibits; and (4) The supplemental agreement, where applicable. Exhibit A— General Contract Provisions Page 1 r:¢�-rExrxorosn�s�s�r�c«���.aa� ARTICLE 7- OPII�TIONS OF COST ARTICLE 15 CONSTRUCTION OBSERVATION Opinion, if any, of probable cost, construction cost, £nancial The Engineer shall visit the project at appropriate intervals during evaluations, feasibility studies, economic analyses of altemate solutions construction to become familiar with the progcess and quality of the and utilitarian considerations of operations and maintenance costs contractors' work and to determine if the work is proceeding in general provided for are made or to be made on the basis of the Engineer's accordance wich the Contract Documents. The City has not retained experience and qualifications and represent the Engineer's best the Engineer to make detailed inspections or to provide exhaustive or judgment as an experienced and qualified professional design firm. The continuous project review and observation services. For City-observed parties acknowledge, however, that the Engineer does not have control projects, the Engineer shall accept the construction of the project as over the cost of labor, material, equipment or services fumished by being completed according to the construction documents upon a others or over market conditions or contractors methoda of similar justification by the City observer. The Engineer does not determining their prices, and any evaluation of any facility to be guarantee the performance of, and shall have no responsibility for, the constructed or acqu'ued, or work of necessity must be speculative until acts or omissions of any condractor, subcontractor, supplier or any compledon of construction or acquisition. Accordingly, the Engineer other entity futnishing materials or performing any work on the does not guarantee that proposals, bids or actual costs wi[I not vary project. from opinions, evaluations or studies submitted by the Engineer. If the City desires more extensive project observation or full-time ARTICLE 8- INSURANCE project representation, the City shall request such services be provided Engineer has procured insurance in the types and amounts set forth in by the Engineer as Additional Services in accordance with the terms of Exhibit E. this Agreement. In this instance, the Engineer shatl accept the construction of the project as being completed according to the ARTICLE 9- ASSIGNMENT construction documents. However, the Engineer does not guarantee This Agreement, intended to secure the service of individuals employed the performance of, and shall have no responsibility for, the acts or by and thmugh the Engineer, shall not be assigned or transferred omissions of any conttactor, subcontractor, supplier or any other entity without written consent of the City. fumishing materials or perfomung any work on the project. ARTICLE 10 CONTROLLING LAW ARTICLE 16 INDEMNIFICATION This A is to be governed by the laws of the State of The Engineer agtees, to the fullest extent permitted by law, to jygMesota, indemnify and hold the City harmless from any damage, liability ot cost (including teasonable attorneys' fees and wsts of defense) to the extent ARTTCLE 11 NON-DISCRIMINATTON caused by the Engineer's negligent acts, errors or omissions in the Engineer will comply with the pmvisions of applicable Fedeml, State performance of professional services under this Agreement and those of and Loca[ Statutes, Ordinances, and Regulations pertaining to human his or her subconsultants or anyone for whom the Engineer is legally rights and non-discrimination. liable. ARTTCLE 12 CONFLICT RESOLUTTON The City agrees to the fullest extent pernutted by law, to indemnity and In an effort to reso(ve any conflicts that azise during the design or hold the Engineer harniless from any damage, liability or cost construcuon of the project or following the compleuon of the pmject, (including reasona6le attomeys' fees and costs of defense) to the e�ctent the City and Engineer agree that all disputes between them arising out caused by the City's negligent acts, errors or omissions and those of his of or relating to this Agreement shall be submitted to nonbinding or her contractors, subcontractors or consultants or anyone for whom mediadon unless the parties mutually agree otherwise. the City is legally liable, and arising from the project that is the subject of this AgreemenG ARTTCLE 13 CONFIDENTIALITY The Engineer agrees to keep confidential and not to disclose to any person or entity, other than the Engineer's employees, subconsultants and the general contractor and subcontractors, if appmpriate, any data and information not previously known to and genented by the Engineer or fumished to the Engineer and marked CONFIDENTIAL by the City. These provisions shall not apply to infotmation in whatever fotm that comes into the public domain, nor shall it restrict the Engineer from giving notices required by law or complying with an order to provide informadon or data when such ordec is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Engineer to defend himself or hetself from any suit or claim. ARTICLE 14 LOCATION OF UNDERGROUND IMPROVEMENTS The Engineer and/or his or her authorized subconsultant will conduct the research that in his orher professional opinion is necessary and will prepare a plan indicating the locations intended fbr subsurface penetrations with respect to assumed Iocallons of underground improvements. Such services by the Engineer or his ot her subconsultant will be petformed in a manner consistent with the ordinary standard of care. The City recognues that the research may not idendfy all underground improvements and that the information upon which the Engineer relies may contain errors or may not be completed. The Ciry agrees, to the fullest extent permitted by law, to waive all claims and causes of acaon against the Engineer and anyone for whom the Engineer may be legally liable, for damages to underground improvements resulting from subsurface penetration locations escablished by the Engineer, except that the City does not release the Engineer, its principals, employees, agents and consultanta from negligence which causes damage to underground improvements resuldng from subsurEace penetration locadons established by the Engineer. Exhibit A— General Contract Provisions Page 2 P:VkTCER PROPOSAIS�Braoklm Crster�Ez6 Adac WSB ASSOCIATES, INC. EXHIBIT B DEFINITIONS B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "CONSTRUCTION COST" means the amount of the construction contract awarded for the improvement proj ect, plus the value of any equipment, materials or supplies furnished by the City for installation or use by the construction contractor, plus any increases in the contract amount implemented by change order, supplemental agreement or other instrument subsequent to award of the contract. Reductions in the contract amount subsequent to award will not be a basis for reducing the fee. If a construction contract is not awarded, the construction cost shall be considered to be the engineer's estimated cost for the construction of the improvement project, as prepared for the bid opening, unless the City believes the engineer's estimate is unreasonable, in which case, the Engineer and the City shall agree upon an alternate basis for determining the construction cost. Such alternate basis may include negotiation, development of an independent estimate by a third party, or other means. B.3 "EXPENSES" means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs, equipment rental costs and similar costs. B.4 "LUMP SUM PRICE" means an amount negotiated between the City and Engineer for performance of the services specified in the Design Agreement which is subject to adjustment only if the Scope of Services changes or if circumstances beyond the control of the Engineer causes an increase in the cost of performance of the services. B.5 "DESIGN AGREEMENT" means a written order executed by an authorized representative of the City describing the scope of services and engineering fee anangement for an improvement project. B.6 "IMPROVEMENT PROJECT" means public improvement projects authorized by the City and paid for with public funds. B.7 "DEDICATION PROJECT" means those proposed improvement projects to be constructed by private funding for eventual dedication to the public. i Exhibit B— Definidons Page 1 P:V.ETIER PROPOSALS�Brooklyn Center�Exh B.doc WSB ASSOCIATES, INC. EXHIBIT C I SCOPE OF WORK GENERAL SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS As a follow up to our meeting on November 14, 2006, we have prepaxed the following scope of services to assist the City in developing Rain Garden Designs and a Storm Water Management Feasibility Study for the Riverwood Neighborhood Reconstruction Area. From this meeting, it is our understanding that the City is seeking assistance in developing rain garden designs to provide some treatment and volume control in the neighborhood as well as identify locations and design of a larger treatment system to treat storm water prior to discharge to the Mississippi River. Please review this letter proposal and call us with any changes you feel are necessary. Rain Garden Desi�n Task 1: Collect and Analyze Background Information Information from the City will be collected including the storm sewer maps, topography, soils information, existing and proposed right-of-way, proposed street reconstruction plans, electronic site surve information of the rain arden sites, and contact information for interested residents. Y g n uct a site visit to further anal ze the site conditions. Our biologists will co d y Task 2: Obtain Public Input n ro'ect successful meetin s with the residents will be needed. It is To make the rain arde g g P J anticipated that up to three public meetings with time for individual consultation will be needed. The first meeting will be to obtain input from the residents on what types of gardening they enjoy 1 o continue the of the arden. This meetin will a s and what they are looking for in the features g g rted on the u ose and function of rain ard ens. The second education rocess that the Cit sta g P Y P �P meetin will resent the rain arden conce ts to the residents based on their input. Residents g P g P will be provided information to assist them in choosing a garden far their site. Individual follow up with the residents will occur as needed to determine which garden they want. The final meeting will occur prior to the start of construction to discuss final details, provide an overview of what to ex ect durin construction and how to maintain the gardens once the area is p g com lete. The ublic meetings will be billed on an hourly basis as needed. P P Task 3: Develo Rain Garden Designs P Up to six different rain garden designs will be developed for the Riverwood Neighborhood. These designs will provide options suitable for different site conditions as well as different gardening techniques. These options will take into account site conditions such as available sunlight, moisture, long term management, readily available plant material, site distances, and aesthetics. The garden design will be completed by our biologists and engineers to create gardens that function with the storm sewer system, provide some treatment of water, and are aestheticall leasin These desi s will be reviewed with City Staff prior to presenting to the YP g residents. Task 4: Develop Rain Garden Construction Plans, Specifications, and Resident Guidelines Once the rain garden plans are finalized with City Staff and the residents, construction plans for Exhibit C— Scope of Work Page 1 r:u.ec-rexrxoeosnts�a�wv�a�«<�c.a« WSB ASSOCIATES, INC. EXHIBIT C SCOPE OF WORK the rain gardens will be developed. This will include detailed construction drawings and plan specifications for the construction and infonnation on where the plant material can be obtained. This task will also include developing Resident Guidelines Handout to be distributed to provide needed information for garden maintenance. Cost Estimate: The cost estimate to complete these tasks for the rain gardens will be billed on an hourly basis and is estimated to range from $20,600 to $24,600. Storm Water Mana�ement Feasibilitv Task 1: Collect Background Information Information collected from the rain garden design as well as the Comprehensive Surface Water Management Plan, electronic storm sewer mapping, sto�n sewer profiles, road profiles, road cross sections, topographic data, and parcel ownership data, for the areas upstream of the Riverwood Neighborhood and for the two main trunk sewer lines will be collected from the City and reviewed. Task 2: Complete Feasibility Analysis of Storm Water Management Options Based on the information collected, up to six alternatives for storm water management (three for the trunk sewer lines and three for the drainage area) such as ponding, infiltration, and/or inline treatment systems will be identified and reviewed with City Staff. A feasibility analysis of the storm water management options will be completed. This will include determining the removal efficiencies and preliminary construction and maintenance costs for each option. Based on the results of this analysis, a recommended approach to provide water quality treatment upstream of the Riverwood Neighborhood will be developed and reviewed with City Staff: Task 3: Design Selected Storm Water Management Options Based on the results of the feasibility study and discussions with City StafF, the final design of the chosen storm water management option will be completed. This design will be provided to the City to be incorporated into the City's construction plans for the project. Cost Estimate: Task 1 and 2 will be billed on an hourly basis and the work is estimated at $8,500. Due to the unknowns associated with the final design at this point, we estimate that the cost to complete Task 3 will be approximately $12,500. This work will be conducted on an hourly basis. We anticipate discussing the specifics of this cost with City Staff at the onset of this task and review the scope periodically with City Staff. Timeline: We understand the City wishes to beg work immediately on this project with the project being bid in April. WSB Staffwill work with City Staff to meet this schedule. Exhibit C— Scope of Work Page 2 F:�wrwtt.nc��tv�w��ki c�,a��, c.aa WSB ASSOCIATES, INC. EXHIBIT D COMPENSATION The City shall pay the Engineer for Basic Services rendered on the basis of a negotiated lump sum fee, on an hourly basis, or as a percentage of the construction cost, as mutually agreed to and deemed fair and reasonable for the particular work to be performed. The method of payment will be determined at the start of the project. RAIN GARDEN DESIGN Approxtt�nate Task Billing Rate Estimuted Hours Subtotal y r� a Task 1 Col[ect un�l Anal ze Back rou� R 4 l Y g :d Info'rmatzon r a. Todd Hubmer� $122 2 $244 Andrea Moffatt $109 4 $436 Terrance Jeffery $74 4 $296 Subtotal 10 $976 Task 2 Ob�a�n Publtc Input �w f� s d Todd Hubmer $122 8 $976 Andrea Moffatt $109 30 $3,270 Terrance Jeffery $74 30 $2,220 Subtotal 68 $6,466 Task3 DevelopRamGarden'17es�gns .,�n,:,.� wk` fY .,r.>.... ,.e.zx.. Todd Hubmer $122 10 $1,220 Andrea Moffatt $109 22 $2,398 Terrance Jeffery $74 30 $2,220 John Mackiewicz $93 24 $2,232 Subtotal I 86 $8,070 Task 4 Develop Rain Carden Construct�on Plans, Speccfications, and Res�dent Guideli�zes ,ti�. Todd Hubmer $122 10 $1,220 Andrea Moffatt $109 10 $1,090 Terrance Jeffery $74 20 $1,480 Merlin Jewell $109 20 $2,180 Subtotal 60 $5,970 TOTAL 224 $21,482 Exhibit D Page 1 e:v.Errsn aaorosnis�a�u c���r,E,�n o.� WSB ASSOCIATES, INC. EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: The Hartford Insurance Company Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal Advertising Injury $1,000,000 Each Occurrence $1,000,000 AUTOMOBILE LIABILITY Carrier: The Hartford Insurance Company Type of Insurance: Hired Autos Non-Owned Autos Coverage: Combined Single Limit $1,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Carrier: The Hartford Insurance Company Coverage Statutorv Each Accident 500,000 Disease-Policy Limit 500,000 Disease-Each Employee 500,000 PROFESSIONAL LIABII.ITY (ERRORS AND OMISSIONS) Carrier: XL Specialty Insurance Company Coverage: $2,000,000 each claim/$4,000,000 annual aggregate Certificates of Insurance will be provided upon request. e Exhibit E Page 1 OF P\LETfER PROPOSALS'.Brooklyn CcmME�i El.doc Exhlblt F wSB 2007 Rate Schedule Associates, Inc. i Principal $130.00 Associate $122.00 Sr. Project Manager $1I7.00 Project Manager II $109.00 Project Manager/Engineering Specialist III $IO2.00 Registered Engineer/Registered Land Surveyor/Engineering Specialist II $93.00 Project Engineer/Engineering Specialist I/Sr. Construction Observer $83.00 Engineering Technician Y/Construction Observer/Grad Engineer $74.00 Engineering Technician IY/Scientist III $66.00 Engineering Technician III/Scientist II $60.00 Engineering Technician II/Scientist I $55.00 Engineering Technician I $48.00 Office Technician II $61. DO Office Technician I $32.00 Survey (Two-Person Crew/GPS Crew) $136.00 Survey (Three-Person Crew/Expanded GPS Crew) $162.00 Costs associated with word processing, vehicle mileage, cell phones, reproduction of common correspondence and mailing are included in the above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction, permit fee, delivery cost, etc. Rate Schedule is adjusted annually. P:ILETTER PROPOSALSIBrooklvn CenterlErh Rdoc AGENDA CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY WORK SESSION Janu 22 2007 �'Y 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. January 22, 2007 1. Charter Amendments Charter Commission (NOTE: Charter Commission meets January 24 to review City Council recommendations regarding Charter Amendments) 2. Development Project Updates a. 57th and Logan b. I-694 Acquisitions c. Earle Brown Hotel d. Other 3. Audit Committee Former Councilmember Niesen 4. Council Minutes Guidance Pending List for Future Work Sessions 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 Council Retreat Follow Up o Finalize Mission and Values Statement o Strategies and Action Plans CITY COUNCIL WORK SESSION AGENDA -2- January 22, 2007 February 26, 2007 Social Service Presentations o Five Cities Transportation o Northwest Hennepin Human Services o North Hennepin Mediation Services o Project Peace o Reach for Resources Starting a Farmers Market Yelich 2007 City of Excellence Award Lasman Welcome Wagon Lasman 2011 Brooklyn Center Celebration Lasman March 12, 2007 EBHC Water Tower Repairs Rental License Amendments City Manager performance review format and process 2006 City Council City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: January 18, 2007 TO: Brooklyn Center City Council FROM: Cur����ney, City Manager SUBJECT: Charter Amendment COUNCIL ACTION REQUIRED This item is presented as background information. If the current Council has a different position than the previous City Council it would be wise to advise the Charter Commission as soon as possible. BACKGROUND The Council was initially approached in March of 2006 by the Charter Commission regarding specific charter changes desired. For a variety of reasons the City Council suggested modifications to the language proposed. The Council recommended changes were submitted to the Charter �ommission in September. We expect that this item will be considered at the January 24�' Charter Commission meeting. The action of the Charter Commission is likely to come before the City Council in February. Charter changes by the City Council require unanimous approval of the City Council. The City Clerk has prepared the attached chronology of actions to date regarding this matter. COUNCIL POLICY ISSUES Does it serve the public interest to change the City Charter as proposed? Is it preferable to allow the citizens to vote on the proposed charter changes? C: City Clerk 6301 Shingle �,"'"r�e�i'�a���w`c�y 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 c:��,r Office of the City Clerk BRODKLYN CLNTER MEMORANDUM TO: Curt Boganey, City Manager FROM: Sharon Knutson, City Clerk DATE: January 17, 2007 SUBJECT: Charter Commission Recommendations Over the past year the Charter Commission has discussed two amendments to the City Charter (Section 3.11 and Section 4.04). City Attorney Charlie LeFevere reviewed the amendments andprovided an opinion and suggested changes to the proposed Charter amendment. March 13, 2006, Citv Council Re�ular Session Charter Commission Chair Stan Leino made a presentation of the proposed Charter amendment to the City Council. The City Council directed that the Charter Commission recommendation be placed on a future work session agenda. April 10, 2006, Citv Council Work Session The City Council discussed the Charter Commission recommendation and had several comments regarding the proposed changes. The City Council suggested that the City Attorney attend the next,Charter Commission meeting as some of the matters identified by the City Attorney related to potential impacts or clarity of language. Anri126, 2006, Charter Commission Meetin� The Charter Commission met and discussed the City Attorney's suggested changes and further refined the proposed Charter amendment. June 28. 2006, Charter Commission Meetin� The Charter Commission met and direction was give to forward the recommended Charter changes to the City Attorney. Julv 27. 2006 The City Attorney submitted a letter of review of the Charter amendments and had no legal objections or suggestions to the text changes proposed by the Charter Commission. Sentember 11, 2006, Citv Council Work Session The City Council discussed the revised recommended Charter amendments submitted by the Charter Commission and made further recommendations. September 21, 2006 City Manager Curt Boganey mailed a letter to Charter Commission Chair Stan Leino explaining the outcome of the September 11, 2006, City Council Work Session and the recommended changes. The letter provided direction that the Charter Commission review the Council recommendations and inform the City Clerk as to the Charter Commission's review and recommendation. The Charter Commission meets on Wednesday, January 24, 2007. Attachment City of Brooklyn Center A Millennium Community September 21, 2006 Mr. Stan Leino Charter Commission Chair 7118 France Avenue North Brooklyn Center, MN 55429 Dear Mr. Leino: At its September 11, 2006, Work Session, the City Council reviewed the proposed amendments to the Charter as submitted by the Charter Commission.�Th�e C�it n� a�e followi.ng changesed changes to Section 3.11 and Section 4.04 of the City Charter Section 3.11 Change the wording to read: for general d.istribution to the public in accordance with Council policy." Section 4.04 Change the title of the section to read: "FILE BY FEE OR BY PETITION" Remove the word "Minnesota" so that it reads: "Affidavit of Candidacy" These recommended changes are being forwarded to you for further consideration by the Charter Commission. Enclosed is an excerpt from the draft minutes of the September 11, 2006, Study Session and Work Session regarding the Charter Commission's proposed amendxnents. After the Charter Commission has reviewed the Council recommendations, please inform the City Clerk as to the Charter Commission's review and recommendation. Sincerely, l',/�-- Corneli BoganeY Interim City Manager Enclosure Recre¢tion and Community Center Phone TDD Number 6301 Shingle Creek Parkway (763) 569-3400 Brooklyn Center, MN 55430-2199 F� (763) 569-3434 City Hall TDD Number (763) 569-3300 FAX (763) 569-3494 www.cityofbroohlyncenter.org CITY COUNCIL STUDY SESSION Mr. Boganey stated there was no quorum for the Financial Commission meeting, therefore the meeting was rescheduled for September 19, 2006, and it will be back on a Work Session agenda following that meeting. CHARTER COMMISSION PROPOSED AMENDMENTS Mr. Boganey stated the proposed changes to the Charter have been reviewed by the City Attorney who has no obj ection. He stated it requires a unanimous vote by the City Council for the changes to be effective. He requested direction from the City Council. He asked if this item should be placed on the agenda as a recommendation or returned to the Charter Commission for further consideration. The City Council discussed the proposed changes to the Charter. Councilmember O'Connor indicated that she would like to omit the word "registered" and not require citizens to be registered in order to participate in a petition. Mr. Boganey explained that if the Charter requires the citizen signing the petition to be registered, the City Clerk can confirm that registration by checking the State voter registration database, however if the Charter does not require them to be registered, it would be difficult to check if the individual is an eligible voter. He stated if the Charter does not require the word "registered," the filing individual would most likely need more than 50 petitioning signatures so that at least 50 registered voters are found on the petition. The City Council discussed the codification, availability of the documents on the City's website, and charges for copies of the docuxnent. They discussed reconunendations of the previous City Manager regarding "general distribution." Mayor Kragness read from the minutes of a previous meeting that discussed the fact that charging for just one page may not be effective. Councilmember Niesen stated she picked up copies of a document and was charged a fee per page and stated objection to that, being a City Councilmember. She stated she would like to see everyone charged the same fee for copies of documents. Mr. Boganey discussed the State law which states that for 100 pages or less, $.25 per page for black and white copies is a reasonable charge. He stated this does not mean that the City has to charge $.25 per page; however 99% of the time, when a request for public data is submitted, the customer is going to be charged $.25 per page. He stated this does not prevent the City from giving away copies of information that it wants the general public to have. f ADJOURNMENT Councilmember Carmody moved and Councilmember Lasman seconded to close the Study Session at 6:46 pm. Motion passed unanimously. S City Clerk Mayor 09/11/06 3 DR.AFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA i WORK SESSION PTEMBER 11 2006 SE CITY HALL COUNCIL CHAMBERS CALL TO ORDER ork ent Authorit EDA) met in W The Brooklyn Center City Council/Economic Developm Y Session and was called to order by Mayor/President Myrna Kragness at 8:00 p.m. ROLL CALL Mayor/President Myrna Kragness and Councilmembers/Commissioners Kathleen Carinody, Kay Lasman, Diane Niesen, and Mary O' Connor. Also present were Interim City Manager Curt Boganey, Community Development Director Brad Hoffman, and Deputy City Clerk Camille Worley. CHARTER COMMISSION PROPOSED AMENDMENTS Councilmember Lasman stated the proposed amendments for Section 4.04 in that a fee of $25 is acceptable to her. The City Council discussed the proposed changes to Section 4.04. Interim City Manager Curt t at the Charter Commission felt that requiring those signing a petition to be Boganey explained h t be a ro nate to is a ro nate. He ointed out that it migh pp p ers eli ible to vote p P registered vot g pP omit the words "Minnesota Affidavit of Candidacy" because there is not State Law that requ�res the City to use the "Minnesota Affidavit of Candidacy." He explained that if the State discontinued providing the "Minnesota Affidavit of Candidacy," the City would be required to create its own Affida�it, thus requiring a Charter amendment. The City Council discussed this issue and it was the unanimous consensus to remove the word "Minnesota" from this section of the Charter so that it reads: "Affidavit of Candidacy." It was the unanimous consensus of the City Council also to amend Section 4.04 to state: "File by Fee or by Petition" in the title of Section 4.04. The City Council discussed the fee or reasonable charge. Mr. Boganey stated if the language is left as presented, the data practices law clearly establishes what should be charged for provided copies. He stated a problem could occur if the City did not want to charge someone for documents, due to the way it is presented. He stated the State Law does not say that the City has to charge everyone for every page received from the City. He stated if the language is adopted, will it be interpreted that charges must occur. 09/11/06 1 DRAFT CITY COUNCIL WORK SESSION Councilmember Niesen discussed that she was charged $.25 per page and stated if the City is going to give Staff the discretion to charge or not, Councilmembers should not be charged. Mr. Boganey stated Councilmember Niesen was charged for information she requested as a citizen, not as a Councilmember per her public data request. He stated if Councilmember Niesen were directed by the City Council to come into the office and collect information or if she came in requesting information as a City Council member, she would not be charged. The City Council discussed the language and what should be chaxged for documents. It was discussed that charging for less than (for example) three pages, would not be cost effective. The City Council discussed and determined that the following language is appropriate: "for general distribution to the public in accordance with Council policy." Mr. Boganey stated these changes should be forwarded to the Charter Commission for further consideration. Councilmember Niesen proposed that the $.25 per page be reduced. The Council discussed this proposal and pointed out that the $.25 per page includes the labor to retrieve the document, photocopy, and then return it to its original location. i COUNCIL CANDIDATE PACKET REQUEST NOT ON THE AGENDA Mr. Boganey discussed the matter in which Council Candidate Dan Ryan requested a complete City Council packet. He stated he felt the Council Candidates should be able to pick up a copy of the packet, due to a set precedence in that the SunPost receives a complete packet at no charge. He stated the City can charge the candidates or it can continue to provide the copies. He suggested the City not mail the documents unless the candidate is reimbursing the City for postage. Councilmember Niesen stated concern that confidential information is included in the packet. NIr. Boganey stated confidential information would not be distributed to parties other than the City Council. The City Council discussed the matter and determined .by majority consensus that after the Primary Election, those Council Candidates who make a request prior to the Wednesday before the City Council meeting may pick up a packet on the Monday of the City Council meeting. RECOMMENDATION REGARDING INVESTMENT POLICY MODIFICATIONS PER AUDIT (TENTATIVE REQUEST) CITY MANAGER Councilmember Niesen requested that this item be reopened for discussion. Councilmember Carmody stated the item was already discussed and the City Council has moved on. Councilmember Lasman stated the Financial Commission was to meet before the City Council discusses the item. Mr. Boganey stated if Councilmember Niesen submits her questions, he will provide answers for her. 09/11/06 2 DRAFT c'�°f Office of the City Clerk BROOKL YN CENTER MEMORANDUM TO: Curt Boganey, Interim City Man er FROM: Sharon Knutson, City Clerk DATE: September 7, 2006 SUBJECT: Charter Commission Proposed Amendments Charter Commission Chair Stan Leino e-mailed me to request that the proposed Charter changes be forwarded to the City Council for review at a work session. I've included the materials that the City iewed with re ard to the proposed Charter changes, along with the City Council had previously rev S 6 and ommission from A nl 2, e's letter dated Jul 27, 2006, and the minutes of the Charter C P Attorn y Y June 28, 2006. ows strikeout indicates matter to be deleted; italics The tvvo ro osed Charter changes are as foll P P indicate new matter): Section 3.11. CODIFICATION. AND PUBLICATION OF ORDINANCES. The City shall codify and publish an ordinance code book, pamphlet or continuous reference loose leaf form. Copies shall be made available by the Council at the office of the City Clerk for general distribution to the public �ee e� at a reasonable charge. The City Code shall be published and maintained on the City's website. Section 4.04. FILE BY AFFIDAVIT OR BYPETITION., T r r a» �Q�� Upon receiving a completed Minnesota Affidavit of Candidacv �W form and either the payment of a filing fee of t►venty. five dollars ($25) by a potential candi ate or f�ing by the petition of fifty (SD) registered voters who are eligible to vote for the potential candidate, the Clerk shall certify the eligibility of the candidate and place the name of the candidate upon the election ballot without partisan designation. 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 telephone (612) 337-9310 fax H A R T E R E D http://www.kennedy-graven.com CHARLES L. LEFEVERE Attomey at Law Direct Dial (612) 337-9215 Email: clefevere@kennedy-graven.com July 27, 2006 Stan J. Leino 7118 France Avenue North Brooklyn Center, MN 55429-1446 Re: Charter Commission Recommendations Dear Mr. Leino: In accordance with your request, I have reviewed the proposed charter amendments as set forth in the Charter Commission minutes of Apri126, 2006. I have no legal objections or suggestions to the text changes proposed by the Charter Commission. Please feel free to give me a call if you have any questions. V ery truly yours, Charles L. LeFevere CLL:peb cc: Sharon Knutson Curt Boganey 294480v1 CLLRS215-7 DRAFT MINUTES OF JUNE 28 2006 BROOKLYN CENTER CHARTER COMMISSION The Meeting was called to order by Chairman Stan Leino at 7:03 PM Secretary Gary Brown called roll. Stan Leino, Gary Brown, Bruce Lund, Ed Nelson, Richard Phillips, Richard Theis, and Roni Brunner were present. Kris Lawrence-Anderson had an excused absence. Absent Eileen Oslund, Harold Middleton Minutes of the Apri126, 2006 meeting were reviewed. Phiilips made a motion, seconded by Lund to approve the minutes as submitted. Passed unanimously 7- 0. Old Business Charter Chan�es to Section 3.11 and 4.04 Chairman Leino reported that the City Council has not acted upon our proposed Charter Change. Several options as to how to proceed were discussed. Motion by Brown, seconded by Bnu�ner, to direct Chairman Leino to send our proposed charter changes to the City Attorney for his review (to be completed by August 1, 2006), provided that there are no changes of substance, to then send the proposed changes onto the city council so that the cit council can act u on these ro osed chan es b October 2, 2006. If Chairman Leino Y P g Y P P determines that there are changes in substance suggested by the City Attorney, a special meeting will be held by the Charter Commission on August 30, 2006 to review the proposed changes. Motion by Theis, Seconded by Lund to require a special meeting in the event that any changes are suggested by the City Attorney. Ayes 3 Nays 4, Motion to amend main motion fails. Chairman Leino then called the question, motion passed unanimously 7-0. New Business No new business was discussed. Motion by Nelson, second by Lund, to adjourn the meeting at 8:23 PM. Motion passed unanimously 7-0. Submitted for consideration, Gary E. Brown Secretary Note: Next meeting August 30, 2006 i Next regular Meeting October 25, 2006 DRAF'� MINUTES OF April 26, 2006 BROOKLYN CENTER CHARTER COMMISSION The meeting was called to order by Chairman Stan Leino at 7:00 PM Secretary Gary Brown called roll. Stan Leino, Gary Brown, Bruce Lund, Ed Nelson, Eileen Oslund, Harold Middleton, Richard Phillips and Richard Theis were present. Kris Lawrence- Anderson and Roni Brunner had excused absences. Mr. Phil Cohen, fonner Mayor of Brooklyn Center, attended the meeting on behalf of the City of Brooklyn Center and presented Commissioner Harold Middleton with a very nice memento consisting of American Eagles and the American Flag. The gift for Commissioner Middleton was for his years of service on the Charter Commission and for his years as serving in different leadership roles. Minutes of the January 25, 2006 meeting were reviewed. and Phillips made a motion, seconded by Middleton to approve the minutes as submitted. Passed unanimously 8-0. Old Business Chairman Leino Aanearance before Citv Council Chairman Leino indicated that he would defer item until later in the meeting. Commissioner Eileen Oslund Re-a�nointed Commissioner Oslund indicated that she had been re-appointed to the Charter Commission. Audit Renort Commissioner Lund gave his audit report that indicated that the Charter Commission had spent $1465.81 during 2005. Commissioner Oslund made a motion to approve the audit, seconded by Middleton and passed unanimously 8-0. New Business Letter from Charles L. LeFevere, City Attorney, dated March 8, 2006. It was agreed by all members that it was the commission's intent that the City Code not all of the city ordinances be placed on the City of Brooklyn Center's web site. A motion was made by Theis, seconded by Ed Nelson to approve the City Attorney's recommendation and the following change to the City Charter be considered by the City Council; Revision of Section 3.11 Section 3.1 l. CODIFICATION AND PUBLICATION OF ORDINANCES., The City shall codify and publish an ordinance code in book, pamphlet or continuous reference loose leaf form. Copies shall be made available by the Council at the office of the City Clerk for general distribution to the public �ee-e� at a reasonable charge. The City Code shall be published and maintained on the City's website. Chairman Leino called for a vote and the motion passed unanimously 8-0. Chairman Leino discussed his meeting with the City Council at the Study Session on April 10, 2006. Discussion then centered around the issue of what amount to have as a filing fee and when the charter change should be implemented. It was decided that the charter change in filing fee would not go into effect until the first election after the fall of 2006. A motion was then made by Brown, seconded by Lund to recommend changing the 4.04 Section of the Charter to as follows; Revision of Section 4.04 Section 4.04. FILE BY AFFIDAVIT OR BYPETITION. T T D �i Upon receiving a completed Minnesota A�davit of Candidacv form and either the payment of a filing fee of twenty-five dollars ($25) by a potential candidate or filing by the petition of fifty (50) registered voters who are eligible to vote for the potential candidate, the Clerk shall certify the eligibility of the candidate and place the name of the candidate upon the election ballot without partisan design�tion. Chairman Leino called for a vote and the motion passed unanimously 8-0. Motion by Oslund, second by Phillips to adjourn the meeting at 8:20 PM. Motion passed unanimously 8-0. Submitted for consideration, Gary E. Brown Secretary Charter Commission Minutes -2- 04/26/06 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: January 18, 2007 TO: Brooklyn Center City Council FROM: Curt �ney, City Manager SUBJECT: Development Project Updates COUNCIL ACTION REQUIRED This item is placed on your agenda as information only. BACKGROUND Staff will provide verbal updates regarding certain development projects including; 57�` and Logan, I-694 acquisitions, and the Earle Brown Hotel project. We will also respond to questions you have regarding these or other development projects. I have included a written report from Tom Bublitz, providing a chronology of environmental activities related to the 57�' and Logan development as background information. COUNCIL POLICY ISSUES Is there specific information needed by the Council regarding these projects that will be necessary for future Council actions? C: Brad Hoffinan G:\City Manager\dewpdates.mem.doc 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 MEMORANDUM TO: Curt Boganey, City Manager FROM: Tom Bublitz, Community Development Specialist J DATE: January 16, 2007 SUBJECT: Update on 57 and Logan Redevelopmen� Site The purpose of this memorandum is to provide infornlation on the status of the 57 and Logan redevelopment site including a chronology of past events and the status of current activities at the site. CHRONOLOGY OF 57 AND LOGAN ENVIRONMENTAL ACTIVITIES In 2003, a Phase I environmental study was completed on behalf of the Economic Development Authority (EDA) by the Hennepin County Department of Environmental Services. At this oint in time, the shopping center was privately owned. The initial P tion and fornler asolme service Phase I notes the resence of a fonner drycleaning opera g P station on the site. In July 2004, a Phase II environmental investigation was done on the site by Barr Eilgineering on behalf of the EDA and Hennepin County. This Barr Phase II detected Volatile Organic Compounds (VOC's) in the vicinity of the former drycleaning operation on the north end of the site along with residual petroleum from fonner gas stations located at tlie south end of the site. VOC s are carbon Uased compounds that easily s dr eleanin solvents and nuinerous other evaporate and include petroleum product y g industrial chemicals and solvents. Barr's recominendations were to determine the status of potential VOC contamination of ground water downgradient of the site following the ground water flow which is to the southeast of the site. Additionally, the Barr report recommended to fitrther delineate the extent of VOC's in the soil from the former drycleaner. After foi�nal proposals were solicited in April and May of 2005, Tetra Tech EM, Inc. was selected to erforn� the next round of environmental investigation at the 57 and Logan I site. rh In April 2005, the EDA acquired the 57 and Logan site by eminent domain and completed demolition of the structures on the site by November 2005. In July 2005, the EDA entered the site in the Minnesota Pollution Coiztrol Agency's (MPCA) Voluntary Investigation and Clean-up (VIC) program. The general purpose of the VIC prograin is to provide MPCA oversight of any environmental investigation and clean-up activities. Under VIC, any environmental investigation work plans or Remedial I I Action Plans (RAP) must be approved by the MPCA. In turn, the MPCA has authority to issue certain types of written assurances that may be provided to property owners to proceed with developinent of a particular site. For exainple, a participant in the VIC program can eiiter into a no action agreement with the PCA with regard to a particular project. The no action agreement/letter provides that the MPCA is satisfied with the participant's environmental investigation of the site and that no additional action will be taken by the MPCA with regard to environmental issues at the site. In February 2006, the second Phase II investigation of the 57 and Logan site and adjacent neighborhood was completed. The report identified the presence of drycleaner related VOC's in the ground water exceeding drinking water health risk liinits established by the Mimlesota Department of Health. Additionally, the specific area of potential containination in the adjoining neighborhood was described as a long narrow plume extending southeast from the old drycleaner operation and following the groundwater flow in the area which is southeast from the shopping center site. In the aerial map, included with this memorandum the plume area is indicated: In approximately June 2006, the MPCA began to address soil vapor intrusion from VOC's by begimling to develop a formal vapor intrusion program. Vapor intrusion is the inigration of VOC's from the subsurface (typically groundwater) into overlying buildings. The MPCA's initiation of this program was to assess the risk posed by vapor intrusion at VOC contaminated sites. In the 57 and Logan site, this included both on and off site soil vapors. The consequence of the new MPCA soil vapor intrusion program meant that additional investigation would be needed to address this issue. In September 2006, expanded investigation of on and off site soil, water and soil vapors were implemented to address the MPCA's soil vapor intrusion program. On October 10, 2006, city staff, a representative from Tetra Tech and representatives from the Minnesota Pollution Control Agency and Department of Health invited residents most directly affected by the identified plume to meet and discuss potential contamination issues that may affect their residences. As part of the ongoing investigation of the site and surrounding neighborhood, Tetra Tech has prepared an additional work plan for additional assessment of the Logan and 57 redevelopment site and surrounding neighborhood. The purpose of the work plan is to further define the extent of the VOC pluine in the neighUorhood southeast of the development site. Staff has requested a meeting with MPCA personnel to address the issue of separating the investigative work that needs to be done in the surrounding neighborhood from the development site so that redevelopment can proceed without Ueing affected by the implications of contamination off site. DEVELOPMENT RELATED ISSUES FOR 57 AND LOGAN REDEVELOPMENT SITE The EDA solicited proposals for redevelopment of the 57`�' and Logan site in June of 2006. The EDA received only two proposals for the site and on July 12, 2006 at a joint meeting of the EDA and Opportunity Site Task Force, the proposal from Steiner Development was selected. Steiner's proposal is for 67 units of housing and approximately 36, 560 sq. ft. of retail for the site. At the July meeting of the EDA and Opportunity Site Task Force, staff was directed to begin negotiating a development agreement with Steiner Development. A draft development agreement has been prepared and submitted to Steiner Development. Staff has met several times with representatives from Steiner and is continuing to negotiate a developinent agreement to bring forward to the EDA. At the present tiine, the environmental issues on the site are the inain point of discussion between the EDA and Steiner Development. The main goal of ineeting with the MPCA relative to the site is to separate the development site from the off site environmental investigations to allow the EDA to proceed with development of the site while continuing to address off site issues. At this point, the MPCA has looked at the on and off site issues as a single project. By separating the sites, it is hoped that certain assurances can be obtained from the MPCA for development of the site even with unresolved issues remaining off site. -+F �z.�c�. �,G ?1� •r r;. P i� ,�S r f w' a o�_ i P ,r e r a c� 1� r a..� w y Q f _u �0 r, r .a �-l'' a S� .�o° o o P y x� r ,�,,r ai�'=`�� .�d a y i y �4 V� l 'r: l T {r +w' y r �A F� tJ A, i 'h/y� .71F F y S, S lr y y �..�w s W �I! ;s �rt --,,,o m• a N S a ,r�� J w x r d y a 1 O 4 �Q' f i t f1_�t1 -t -r. ti 1 ',j�r4 -r. A t'. 1 ,",,;1 r G3+�.: .a M58TH �i t a�- u.._ .�r e,, ;r ._r, y� '!�,�j� �t r` ,y �5 a s� ,E� 1 1 �-.M�� s n J ,1'� e�t rJ R 3 ,�;i9�� i> �J A r (n .a .nN��� 1,'• ""`!i .r..'"`-- ��z. w i ,t.��x" t r Q d d h 4 y R �{y i :J a w r .`i���t ��t Y vE` f�l 1 y 1. F q e g r .��1 y ;T •�p r >u �t y �1' r �1� ��r��� y X r .L:, "'r �R�': ,r r 1 r t A v r z e.,. .I J 'F R 1! I�. 4 1 ry. /�T* r� 1 ��K. i I f► t j� r i t c a �tr �/y �y� ..ra �ir.l� r'" �T s r`�l�, Y r�� „,iwr�� &,t,�. .r .-,�;x, r �1� r ,y• rqy<. �M w� f `T' x .�<l: �R a r� y .a, j .f� s g N C j i Q 1 ��IrEl��� Y �47 l ..s �s..& '�;we�. +.ro d r �w�� }r�� r. y f. :'k i b '7MvW r t S7TH� =_�s i a� a t 4� s. b i a' i Y a r 1 �..i r I I 'R w ar� _.=:�.i' f f �e :-a�° �1,,' h a�'"' a�' �'3� =�►i� t.;�,.. S:�Projects\Brooklyn Center\Hmong-Ameriran\Communications\MPCA�Augus[ 2006 Work Plan\Figures�fiqure_6_080206.mzd Structures for Proposed Soil Vapor Intrusion Survey Groundwater Sample Locations PCE Concentrations in ug/L (Sep-Oct 2005) Soil Vapor Sample Locations (Oct 2005) Logan 57th Redevelopment Site 1900 57th Avenue Q 100 ug/L PCE Inferred Extent Brooklyn Center, Minnesota 0 50 ug/L PCE Inferred Extent 7 ug/L PCE Inferred Extent N Figure 6 Proposed Water Well Receptor Survey Distance Beyond Contaminant Plume and Inferred Contaminant Plume Buffer Distance 0.00 50.00 0 45 90 180 270 360 TFTRATECH,INC 50.00 100.00 Feet City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: January 18, 2007 TO: Brooklyn Center City Council FROM: Curt����y City Manager SUBJECT: Audit Committee Request Former Councilmember Niesen COUNCIL ACTION REQUIRED The issue before the City is whether or not there should be an audit committee of Council members formed. BACKGROUND Former Councilmember Niesen suggested the need to establish an audit committee made up of Council members. My understanding of the intent of Councilmember Niesen was that this committee would work closely with the City Auditors. The committee would presumably provide input into the scope of the audit, provide some direction, and meet with auditors perhaps during and after the audit process. I would assume that when the audit report is complete the committee would provide the balance of the Council with a report or opinion regarding the performance of the auditor and the substance of the audit itself. COUNCIL POLICY ISSUES Will the establishment of an audit committee best serve the interest of the City Council as it performs its fiduciary duties and responsibilities? If an audit committee is established, what would be the scope of authority and responsibilities? C: Dan Jordet G:\City Manager\auditcommittee.mem.doc 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 City of Brooklyn Center A Millennium Community MEMORANDUM COUNCIL WORK SESSION DATE: January 18, 2007 TO: Brooklyn Center City Council FROM: Curt Boganey, City Manager�'� SUBJECT: Council Guidance regarding preparation of Meeting Minutes COUNCIL ACTION REQUIRED The staff is seeking direction from the City Council regarding the preparation of ineeting minutes. BACKGROUND In recent years, the City Council has spent a significant amount of time at study sessions reviewing and clarifying information included in minutes that have been prepared. Often changes have been made that were necessary to correct errors. It is also true that changes have been made to assure that the minutes reflect a council members' perception or preference for the manner in which minutes are presented. Previous Councils have expected minutes to be prepared in sufficient detail and to include relevant statements of individual Council members. In accordance with this direction, minutes continue to be prepared in this manner. It is my understanding that some of the current Council would prefer that individual member comments be limited if not eliminated from the minutes. Since the minutes are the Councils' acknowledgement of the relevant meeting record this item has been placed on the agenda so Council can provide staff with direction in this regard. COUNCIL POLICY ISSUES Will the duties of the Council be better served if ineeting minutes are modified? If minutes are to be modified, what are the required changes? C: City Clerk 6301 Shingle �''r•`�e�i'�cz��way` 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